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12-12-89 DECEMBER 12, 1989 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:00 P.M., Tuesday, December 12, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Interim City Manager Malcolm T. Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Ms. Brainerd requested that Item 34 be removed from the Consent Agenda and placed at the end of the Regular Agenda. The Interim City Manager stated that Mr. Saberson asked that Items 29 and 30 be placed between Item 6oB. and 7. In addition, he requested that Item 15 be removed, as requested by P&Z. Ms. Brainerd moved for approval of the Agenda, as modified, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.A. Mayor Campbell read a proclamation recognizing the Delray Beach Rocks Football Team and congratulating them for their "Third Winning Season". Ben Leonard of Parks and Recreation came forward to recognize the coaches and players who made this possible. Several members came forward to present Mayor Campbell and the Commission with trophies. 6.A. Presentation of Awards to Participants in Kids and Cops Pro- gram. Assistant City Manager John Elliott stated the Kids and Cops Program originated through an idea from the Human Relations Committee and, as a result, provides children with an outlet to participate in constructive activities with the Delray Police Department. Four Police Officers volunteered their time and services to adopt one of these football teams, discussing problems and guiding the team in using their energies in a positive action. Mr. Elliott then recognized the fol- lowing four Police Officers: Officer Sal Arena Officer John Evans Sgt. Fred Zieglar Sgt. Matthew Mitchell Perry Don Francisco, the first President of the Delray Citizens for Delray Police, presented them with plaques. There was a special presentation to Chief Kilgore, who made this program possible and Sgt. Ross Licata for leadership in coordinating this program. 6.B. Resolution No. 100-89. Resolution No. 100-89, renaming the Linton Avenue Scrub property, is before the Commission for consider- ation. The caption of Resolution No. 100-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE NATURE PRESERVE/PARK LAND KNOWN AS THE "SCRUB PARCEL" AS THE "LEON M. WEEKES ENVIRONMENTAL PRESERVE" IN RECOGNITION OF HIS PAST AND CONTINUING DEDICATED SERVICE TO THE CITY OF DELRAY BEACH AND ITS CITIZENS. (Copy of Resolution No. 100-89 is on file in the official Resolution Book) The City Attorney read letters recognizing former Mayor Leon M. Weekes and his many contributions to the City of Delray Beach and the State of Florida. Carol Elmquist, Chairman of the Palm Beach County Commission, read Resolution No. 89-2175, a Resolution of the Board of County Commis- sioners, honoring Leon M. Weekes. Mayor Campbell read the entire resolution at this time. Ms. Brainerd moved for the adoption of Resolution No. 100-89, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29. Resolution No. 99-89. Resolution No. 99-89, abandoning S. W. 22nd Avenue, S. W. 10th Court, S. W. 20th Terrace and S. W. llth Court within the Abbey Delray Total Life Care Community to provide more security for the residents, is before the Commission for consideration. The Interim City Manager presented Resolution No. 99-89: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL OF THE RIGHTS-OF-WAY DEDICATED FOR PUBLIC USE IN THE PLAT OF ABBEY DELRAY PHASE I, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33, PAGE 180, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND ALL OF THE RIGHTS-OF-WAY DEDICATED FOR PUBLIC USE IN THE PLAT OF ABBEY DELRAY PHASE II, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 35, PAGES 52 AND 53, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR A CONDITION TO W~ICH SAID VACATION AND ABANDONMENT IS SUBJECT. (Copy of Resolution No. 99-89 is on file in the official Resolution Book) Ms. McCarty moved for the adoption of Resolution No. 99-89, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 30. Request for Attendant Site Plan Modification and Final Plat Approval. The Commission is to consider a request for attendant site plan modification and final plat approval for the Abbey Delray Total Life Care Community located at the southwest corner of Congress Avenue and Lowson Boulevard to rearrange the main entrance configuration, construct a guard house, close the entrance west of the main entrance and the entrance at the southeast corner of the site. Roger Saberson requested the Commission to delegate staff to work on some minor language changes on the face sheet of the plat. Ms. Brainerd moved for approval of the site plan modification and final plat approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -2- 12/12/89 PUBLIC HEARINGS 7. Ordinance No. 67-89. (West Atlantic Avenue No. 2) Ordinance No. 67-89, the voluntary annexation of parcels along West Atlantic Avenue which includes the Scotty's Hardware Do-it-Yourself Center, Dunkin Donuts, Taco Bell, Mobil Gas Station, Delray West Plaza Shopping Center with two out buildings, a vacant fast food restaurant and Flagler National Bank with proposed zonings of GC and SC, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 67-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH SIX (6) PARCELS OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTH- EAST CORNER OF WEST ATLANTIC AVENUE AND MILITARY TRAIL, LYING WEST OF WHATLEY ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND SC (SPECIALIZED COMMERCIAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 67-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been leqally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 67-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 73-89. Ordinance No. 73-89, rezoning property 'located at the southeast corner of N.E. 8th Street and Palm Trail (Henry's Marina) from GC (General Commercial) to SAD (Special Activities District), is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Approval is recommended, subject to the following condi- tions: 1. Submittal of a revised landscape plan addressing the following: (a) Comments 1-10 under the "Review By Others" section of the staff report. 2. Subject to submittal of a revised site plan addressing the following: (a) Comments A-K under the Technical Item section of this staff report. 3. Providing a landscape maintenance agreement for installa- tion, irrigation and maintenance of landscaping with the right-of-ways for N. E. 8th Street and Palm Trail. 4. Providing a perpetual easement for off-site parking with the church to the east. Also address parking require- ments for boat storage racks. 5. Subject to platting, with the plat submittal to include the following: -3- 12/12/89 (a) a five foot right-of-way reservation along N. E. 8th Street (b) a five foot right-of-way dedication along Palm Trail (c) survey showing existing elevations on-site and 50' off-site and along perimeter right-of-ways (d) drainage plans (e) sewer and water plans accommodating the following: 1. Installation of a clean out on the existing lateral sewer extension to the sight 2. Installation of a fire hydrant adjacent to the southernmost driveway 3. Replacement of a 2-inch water main with a 6-inch main and subsequently recommending approval to the City Commission for Administrative Relief for off-site parking pursuant to Sec. 173.775 (B) (2) and; A positive recommendation to the Board of Adjustment on a waiver from Sec. 173.633 (D) to the 10-foot landscape require- ment along N. E. 8th Street. The Interim City Manager presented Ordinance No. 73-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN SAD (SPECIAL ACTIVI- TIES) DISTRICT; SAID LAND BEING A PARCEL LYING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH STREET AND PALM TRAIL; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 73-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Digby Bridges, representing the Planning & Zoning Board, stated they confirmed that marine type engines only should be repaired there and that gas should be sold only for recreational boat purposes. He also feels that CAB should look into the painting of the boat racks with perhaps a blue color that would disappear into the skyline. Mike Connor, consultant to the owner of the Marina, stated if there were any other questions he would be happy to answer them. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 73-89, including Mr. Bridges suggestions, on Second and FINAL Reading, seconded by Ms. Brainerd. The Interim City Manager expressed a concern that the Commis- sion would be directing the CAB in the form of an ordinance. He recom- mended a letter be sent to the CAB encompassing Mr. Bridges remarks. The Commission concurred. Ms. McCarty amended her motion, subject to submittal of a letter as recommended by the Interim City Manager, Ms. Brainerd amended her second. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 76-89. Ordinance No. 76-89, amending the Code of 6rdinances by enacting a new subheading "Change Orders and Contract -4- 12/12/89 Modifications" to provide for approval procedures for Change Orders to construction and non-construction contracts, contract modifications and internal procedures for processing those documents, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 76-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "CHANGE ORDERS AND CONTRACT MODIFICATIONS", TO INCLUDE SECTIONS 36.10 THROUGH 36.14; PROVIDING FOR THE PURPOSE OF SAID SECTIONS; PROVIDING DEFINITIONS; PROVIDING FOR APPROVAL PROCEDURES FOR CHANGE ORDERS TO PURCHASE ORDERS FOR NON-CONSTRUCTION CONTRACTS; PROVIDING FOR APPROVAL PROCEDURES FOR CHANGE ORDERS TO CONSTRUCTION CONTRACTS; PROVIDING FOR INTERNAL PROCEDURES AND FOR THE PROCESSING OF CHANGE ORDERS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 76-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 76-89 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 78-89. Ordinance No. 78-89, amending the Code of Ordinances to provide additional information relating to qualifications and time frames for qualifying for special elections to fill vacancies created by municipal recall, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. The Interim City Manager presented Ordinance No. 78-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 34, "ELECTIONS", SUBHEADING, "QUALIFICATIONS FOR CANDIDACY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 34.16, "FILING OF NOMINATING PETITION", AND SECTION 34.17, "PROCEDURE AFTER FILING", TO PROVIDE FOR QUALIFICATIONS AND TIME FRAMES FOR QUALIFYING FOR SPECIAL ELECTIONS TO FILL VACANCIES CREATED PURSUANT TO FLORIDA STATUTES SECTION 100.361, "MUNICIPAL RECALL", PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The Interim City Manager presented Ordinance No. 78-89: (Copy of Ordinance No. 78-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -5- 12/12/89 Ms. Brainerd moved for the adoption of Ordinance No. 78-89 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 83-89. Ordinance No. 83-89, amending the Linton Square SAD to accommodate a veterinary clinic, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Interim City Manager presented Ordinance No. 83-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 52-84 BY AMENDING SECTION 2(a) TO ADD "VETERINARY CLINIC", SUBJECT TO CERTAIN RESTRICTIONS, AS AN ADDITIONAL CONDITIONAL USE WHICH IS PERMITTED IN THIS SAD ZONING DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 83-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 83-89 on Second and FINAL Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. PUBLIC COMMENTS 12.1. Ingrid Eckler, 2750 Seacrest Boulevard, stated it is her understanding that the City of Delray Beach has an ordinance which requires that a candidate filing for Mayor or City Commissioner must have been registered as a voter on/or before September 1st of the year prior to the election. In addition, she has researched the U.S. and Florida Constitutions along with the Palm Beach Charter and found in many instances there are age and residency requirements. She feels it would be expedient for the City Commission to take the necessary steps to amend this ordinance in order that the original intent of residency be provided. 12.2. Roy Simon, Chairman of the DDA, stated that he would like to address the noise ordinance and the manner in which it applies to activities in the downtown business district. He feels there should be some consideration shown to those who are encouraging activities that involve bands and concerts in the downtown area so they will not be shut down in the middle of a performance. 12.3. Arthur Jackel, Chairman of United Property Owners, stated he endorses comments made by Mrs. Eckler. He would like to see the ordi- nance rescinded immediately. 12.4. David Henninger, 602 Sunshine Drive, President of Lake Ida Property Owners Association, stated they support Mrs. Eckler's comments. They feel the right to choose is the basis of the free system of govern- ment and are requesting that right not be denied. 12.5. Ann Gannon, President of Dell Park Homeowners Association, stated she is speaking for herself. She feels those persons running for elected public offices are required to uphold greater standards than the average citizen and the ordinance should remain as is. -6- 12/12/89 12.6. David Armstronq, representing Ackerle Communication of Florida, an outdoor advertising business, stated recently the City entered into a contract with Eagle Outdoor Advertising and Park Ten Business Park as owners of a billboard, along with the land it is located on. The terms of this contract become effective January 1, 1990, and provide that the owners relocate the existing structure and remove it after a ten year period. In addition, the owners agreed to pay the City $45,000 for beautification. His position is that Eagle Advertising implied they owned the sign when, in fact, the sign has been owned by Ackerle Commu- nication clients since 1977. He requested this be discussed at the next Regular Meeting or at an upcoming workshop, as they feel the contract should be rescinded to avoid litigation. 12.7. The following citizens spoke in opposition to rescinding or amending the ordinance spelling out the requirements for candidates seeking election to a public office: Sid Soloway, Jay Slavin and David Nathanson. 12.8. Susan Delegal, attorney representing Dan Burns, stated she has completed a legal review and analysis of the City Code and Charter provisions with regard to the ordinance setting out requirements for proposed candidates. She submitted a memo to the City Attorney, indi- cating that copies be distributed to each Commissioner. It states the position, she feels, that calls for the invalidation of the ordinance as violative of the provisions of the City Charter. She requested that the Commission consider the ordinance not effective or urge them to consider legislation to correct, what she feels, would be upheld by a Court as an invalid ordinance. The purpose is to provide that the field be as wide as possible for those qualified in order that the electorate of the City be afforded the opportunity to choose. FIRST READINGS 13. Ordinance No. 84-89. Ordinance No. 84-89, rezoning the Norris property located on the southwest corner of S. W. llth Avenue and S. W. 1st Street from RM-6 (Residential Medium) to RO (Residential Office), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 16th. The Interim City Manager presented Ordinance No. 84-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN RO (RESIDEN- TIAL OFFICE) DISTRICT; SAID LAND BEING LOTS 13 AND 14, BLOCK 6, ATLANTIC GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 63 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF S. W. llTH AVENUE AND S. W. lST STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 84-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 85-89. Ordinance No. 85-89, providing for consumption of alcoholic beverages on the golf course premises so long as such beverages are purchased from the golf course restaurant, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held after advertising requirements are satis- fied. The Interim City Manager presented Ordinance No. 85-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 11, "BUSINESS REGULATIONS, -7- 12/12/89 CHAPTER 113, "ALCOHOLIC BEVERAGES", BY ENACTING A NEW SECTION 113.20, "DELRAY BEACH MUNICIPAL GOLF COURSE", TO PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE DELRAY BEACH MUNICIPAL GOLF COURSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 85-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon asked how this is different from the beach or parks where consumption of alcoholic beverages is not allowed. The City Attorney advised it is the only location in which there is a licensed premise that sells the beverage on the same property. Mr. Weatherspoon expressed a concern with regard to the liability in case of an accident. The City Attorney stated the City is, hopefully, not liable, as the licensee is required to carry insurance up to $5,000,000. Ms. Brainerd questioned the results should the Commission pass on the ordinance. The City Attorney advised this would not preclude the Commission from readdressing the item later. He further stated, techni- cally, the answer is "Consumption of alcoholic beverages outside of a business establishment except at permanently established tables and chairs on an outdoor patio constitutes an offense under the Code". Ms. Brainerd questioned how other municipal golf courses handle this situation. The City Attorney advised they do not have a restric- tive ordinance like the City of Delray Beach. The only other applicable overriding thing is that the County recently enacted an ordinance on using open containers in vehicles, which is applicable everywhere. At this point the roll was called to the motion. REGULAR AGENDA 16. Interlocal Agreement Between the City and Solid Waste Authori- tY- The Commission is to consider approving an interlocal agreement between the City and Solid Waste Authority to turn revenues from recyclables over to the Solid Waste Authority in return for reduction of a monthly service charge to City customers. The Interim City Manager stated there was an unfortunate headline in one of the local newspapers indicating that the recycling effort was being diminished and he would like to confirm to the public that the recycling effort has not changed. The only thing to be changed is the final destination after pickup. Ms. Brainerd questioned if any errors by staff have been made to cause some of the recyclables to be placed in the landfill, as the paper indicated. The Interim City Manager advised the recyclables will be going to the Solid Waste Authority recycling facility, which is physically located at the landfill. Ms. Brainerd moved for approval of the interlocal agreement between the City and the Solid Waste Authority, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Consider Terms of Two Offers to Purchase City-owned Property. The Commission is to consider terms associated with two offers to purchase City-owned property located at the corner of Miramar and Venetian Drives and, if acceptable, direct staff to advertise for Public Hearing. Approval is recommended. -8- 12/12/89 The City Attorney expressed concerns, one of which has since been eliminated, regarding a request that something be done akin to a purchase money mortgage. The other item contains certain conditions that exist in one of the contracts precedent to the effectiveness of the contract. This condition binds the City Commission in case the deal should fall through, based upon the subsequent legislative review of site plan approvals, etc. He is requesting if any of these proposals are acceptable to go forward and advertise for Public Hearing, that the Administration and his office be directed to contact the proposed purchasers, explain the City's concerns and ask if another provision can be worked out or possibly eliminate these concerns at the time of that meeting to be held on the 27th of December. This would provide a clean, acceptable offer that can be dealt with as to the merits of the purchase price and other conditions. Mayor Campbell questioned, at the time of that meeting, if changes can be made, due to the fact that that is the time the contract is approved. The City Attorney confirmed this, but stated except if the Commission should say "those conditions are unacceptable, so forget the whole idea", the advertising would be forgotten. The Interim City Manager stated the recommendation of the Real Estate Advisory Committee is that offers on both parcels should be entertained. Ms. McCarty moved for approval of the recommendation of the realty committee to advertise both offers for Public Hearing, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. McCarty, in referring to Section 2 in the memo from Assis- tant City Manager Robert Barcinski, which states if the cost of doing the repairs is more than 3% etc., stated she feels more research should be done by the buyer and the Commission should see more before a con- tract is entered into. At this point the roll was called to the motion. 18. Consider Terms of Offer to Purchase City-owned Property. The Commission is to consider terms associated with an offer to purchase City-owned property located on North Federal Highway (Adult Bookstore) and, if acceptable, direct staff to advertise for Public Hearing. Approval is recommended. The Interim City Manager recommended that a waiver of that provision should be attempted. If that means they want to amend the price, based on that, they probably need to do that, because that could come back and be dependent upon interpretation and could be a signifi- cant figure. Ms. McCarty stated if staff could direct them as to what they need to do to bring it up to Code, they could then price it. Ms. McCarty moved to direct staff to advertise for the sale of the Adult Bookstore property, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Presentation of Landscape Plans for Dixie Highway and S. W. 10th Street Overpass. The Commission is to consider providing direction and approval of a landscape plan for Dixie Highway as presented by H. Kurt Kettlehut. Approval is recommended. At this time a brief slide presentation and an explanation of the landscaping for this area was presented by Kurt Kettlehut, Landscape Architect. -9- 12/12/89 Upon question by Mr. Weatherspoon regarding plans to extend the landscaping east of 10th Street, Mr. Kettlehut stated there are current plans for road and drainage improvements in that area and he has no plans to landscape until those improvements have been implemented. Mr. Andrews questioned if this is a sprinklered area and if the taller trees will be planted far enough back to accommodate a four-lane underpass. Mr. Kettlehut answered yes to both questions. 20. Chaqge Order No. 1 Kettlehut Contract. The Commission is to consider a change order decreasing the scope of service by deleting the requirement for architectural landscape designs for West Atlantic Avenue (Congress to Military), Lake Ida Road (Swinton to Military), a portion of S. W. 10th Street and the inspections associated with those designs. Deletion of those services will reduce the contract price by $14,451.00. Approval is recommended. The Interim City Manager stated because of changes in schedul- ing, a review was made and there is a desire to amend the contract as written. He feels the next two items should be discussed together, as Item 21. represents some things that Mr. Kettlehut would like to see added. Due to the uncertainity of some of the construction, perhaps some of the items should be deleted and the contract amended appropri- ately. The Administration and Staff recommendation is to approve those changes represented by Change Order No. 1, resulting in a reduction of the scope of services that do not appear to be doable in a reasonable time frame. Ms. McCarty moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned when the time comes to implement these services that are being deleted now, will it be possible to obtain them for the same price. The Interim City Manager advised that the majority of the project is completed and there are a couple of choices, one being that it could be done in house. At this point the roll was called to the motion. 21. Request for Additions to Kettlehut Contract. The Commission is to consider a request from Mr. Kettlehut to add additional landscape architectural services to the existing contract with the City. If approved, these changes will be incorporated into a change order. Approval is recommended. Mr. Kettlehut stated the contract originally negotiated with the City was a lump contract. Under the provisions of that contract, it was his responsibility to perform all services to complete the project and there was no provision made for decreases of that contract or the fees. The only reason he entertained a decrease was due to the fact that he performed a number of services over and above the contract and he considered it to be a trade off with the deletions that were made. He feels the decrease that has been proposed and the amount of service he is being asked to perform over and above the contract with no pay is unfair. The Interim City Manager stated the only item that staff feels is appropriate and may be a worthy addition is the design development presentation; the remainder is subject to negotiation. He further stated that is only one aspect of his contract. Another option in the contract is dismissal without cause. He feels it would be an affirma- tive motion to approve $1,610 for the design development presentation. Ms. McCarty moved for approval of the $1,610, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - No; Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED with a 4 to 1 vote. -10- 12/12/89 Before roll call the following discussion was had: Mr. Weatherspoon questioned if Mr. Kettlehut has had an oppor- tunity to review a response to his request. The Interim City Manager advised he attended a meeting last night with Ms. Butler, Ms. Davila and himself and there will be another meeting tomorrow. Upon question by Mr. Weatherspoon, Mr. Kettlehut advised, since there is no explanation or terminology in the contract to determine what a decrease is, he does not know how it can be determined. The Interim City Manager stated there will be a meeting tomor- row to discuss the action of the Commission and, within the terms of the contract, it leaves a solution to be negotiated. At this point the roll was called to the motion. Mr. Weatherspoon moved to request that Mr. Andrews meet with staff and Mr. Kettlehut at the meeting tomorrow, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. 22. Termination Alternative - Kettlehut Contract. The Commission is to consider alternatives for terminating the Kettlehut contract provided issues cannot be resolved by using the Change Orders as speci- fied above. Approval is recommended. Ms. Brainerd moved for approval of the termination of the Kettlehut contract, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated he feels it is frivolous and presumptu- ous to terminate the contract since it has cost a great deal of money. Now someone must come in and pick up the pieces and it is going to cost still more. The Interim City Manager reiterated a former comment that it is the intention to complete this project in house. Mr. Andrews stated one of the things he is concerned about is the fact there are some important roads that are being assigned to staff and that puts a terrific burden on them. ~If this cannot come to a resolution, it goes back to a private enterprise and this is a concern to him. At this time the roll was called to the motion. 23. Pineapple Grove Sculpture. The Commission is to consider a recommendation from Pineapple Grove Sculpture Committee for selection of Sculptors for the Pineapple Grove Beautification project. Approval is recommended. Frank Spence, Chairman of the Pineapple Grove Sculpture Selec- tion Committee, introduced the members of the committee. He stated that notices were mailed to local galleries, sculptors known to the area and art editors of the local newspapers. Thirty-one letters were returned by these sculptors for consideration, fifteen of which were interviewed. It was decided by unanimous recommendation that four sculptures are to be created and the following four sculptors have been commissioned to create those: Jane Manus, David Landley, Sylvia Jafee and David Gochenour. $25,000 has been provided in the revised budget by the City Commission and all four works of art can be created within this budget amount. Ms. McCarty moved for approval of the staff recommendation, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. -11- 12/12/89 Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 24. Tennis Center/Lavers. The Commission is to consider providing direction regarding the identification of an approximate amount of monies that will be spent pursuing this activity and direct staff regarding how to proceed with this project. The Interim City Manager stated the dollar figures represent all of the improvements which were incorporated in the drawings provided by Mr. Andrews, but not necessarily those items absolutely necessary in order to create a viable tennis center. He feels the figure could be reduced by $400,000, which would leave approximately $500,000 for land acquisition, along with a second phase to complete, in order to complete the entire project as envisioned by Mr. Andrews. The $400,000 would allow the existing courts, the additional eight clay lighted courts, the relocation of the buildings currently used as a sales center to use as a pro shop and locker rooms and a portion of the parking. The direction needed from the Commission is the establishment of the parameters for negotiation allowing more definitive information to submit to FDIC and, hopefully, the Judge will have taken the action anticipated. Mr. Andrews stated he feels if something of this nature is presented, there will be other results that will enable this process to be moved along. Mayor Campbell stated it is his understanding that this did not make the Court calendar this fall so has not gone to foreclosure. The City Attorney advised it is basically now under consideration, pending Judicial decision, with no more docketing necessary. Ms. Brainerd moved for approval of the parameters as outlined, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Don Cleveland, 1627 N. Swinton Avenue, questioned what happened at the meeting in Atlanta. Mr. Andrews stated everyone has an under- standing as to where the process is and he feels they are trying to get a resolution with all the properties that FSLIC has. He also stated the most important item that came to light was the fact that the zoning on that parcel makes it very advantageous to the City. At this point the roll was called to the motion. 25. Delray Affair. The Commission is to consider approval of the Delray Affair, including City services, partial waiver of charges for City services (overtime) and waiver of hold harmless provisions of the permit. Approval is recommended. Ms. McCarty moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, the City Attorney stated he does not recall waiving the hold harmless issue in totality. It was confirmed that Event Insurance has been obtained by the Delray Affair Committee in the amount of $5 million dollars and the City is co-insured. At this time the roll was called to the motion. 26. Request for Funding - S.D. Spady Elementary School. The Commission is to consider a request from S. D. Spady Elementary School for funding in the amount of $600 to supply books through their "Reading is Fundamental" program. Approval is recommended. -12- 12/12/89 Ms. McCarty questioned why and from where this funding has been supplied in the past. The Interim City Manager advised he had neglected to get that information from them, only that the funding was not forth- coming this year, from whatever source. Ms. McCarty expressed a desire to learn more about the history of the program and questioned if there is a time constraint. Ms. Brainerd asked for confirmation that an amount of $1,000 was set aside for both Spady and Pine Grove for Safety Patrol and, if so, would they want to redirect that money to this program or is this in addition to the Safety Patrol. Mayor Campbell also expressed a desire for more definite information, even though he feels the program is well worthwhile. Upon question, the Interim City Manager advised that other communities are routinely questioned regarding their contributions. Ms. McCarty stated that previously, when these types of issues came up, the City Manager would contact the Commission for approval to place it on the agenda. Ms. Brainerd moved to table the request, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews left the Commission Chambers at this time due to a conflict of interest. 27. Request for Conditional Use Approval. The Commission is to consider a request for a professional office on N. E. 4th Street and attendant site plan modification. Approval is recommended. Ms. Brainerd moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Upon question by Mayor Campbell, David Kovacs, Director of P&Z, stated the reason it is a modification opposed to an approval is because when existing property is being dealt with, the existing condition is the site plan of record. At this time the roll was called to the motion. 28. Request for Conditional Use and Site Plan Approval. The Commission is to consider a request for a conditional use and site plan approval for the Exxon Station located on the northeast corner of Atlantic and Congress Avenues to accommodate a car wash in lieu of a revised service area, subject to the following conditions: 1. Submittal of an amended L.W.D.D. drainage district permit. 2. Submittal of a revised landscape plan addressing condi- tions 1-9 under the "Review by Others" section of this staff report and modification of the location of signage to correspond with the site plan. 3. Submittal of revised water and sewer plans accommodating the following: a. Provide reduced pressure zone device on the domestic water and car wash water lines. 4. Submittal of a revised lighting plan which retains all lighting on site. 5. Contribution for the Congress Beautification Fund based on $10.00 for each front of frontage or 260' x $20.000 = $2,600.00 Approval is recommended. Ms. Brainerd moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. -13- 12/12/89 McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 31. Request for Waiver of Building Permit Fees. The Commission is to consider a request for a waiver of permit fees for proposed improve- ments to be made at 211 S. E. 10th Street which will accommodate servic- es and offices to serve women in need of assistance. Approval is recommended. Ms. Brainerd moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated, for the record, the former policy for cases such as this did not indicate an address due to the sensitivity of it. At this time the roll was called to the motion. Mr. Andrews returned to the Commission Chambers at this time. 32. Denial of Settlement Offer. The Commission is to consider a request from Reverend and Mrs. Dingman in the amount of $1,895 to settle pending litigation against the City. Denial is recommended. Ms. Brainerd moved for denial of the request, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had Reverend Gerald Dingman stated his neighbor, who is the Super- intendent of Grounds of Quail Ridge, is present, along with other witnesses. He requested the Commission to allow him to make a brief presentation to answer two questions prior to voting, as follows: (1) Why did they sue the City? (2) Why do they feel the City owes them? He feels the golf balls that hit his property are aimed directly at his property by golfers and a few individuals who have consumed alcohol, and he is requesting that the golf balls be kept within the boundaries of the City property. For the past five years he has made an attempt to correct this problem with Mr. House, to no avail. As a result, his attorney will present the case in small claims Court at 10:00 A.M. tomorrow, if the Commission refuses his request. Dave Holler, Certified Golf Course Superintendent, stated there is no direction on the practice tee indicating where to stand when hitting a golf ball. Upon question by Mayor Campbell, the Interim City Manager confirmed that the new lessee is aware of the problem and is to do everything possible to minimize stray golf balls from encroaching on nearby properties. At this point the roll was called to the motion. 33. Denial of Settlement Offer. The Commission is to consider a request for a settlement offer from Mr. Butts in the amount of $50,000 to settle pending litigation against the City. Denial is recommended. Ms. Brainerd moved for denial of the request, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 34. Maintenance of Grounds - Women's Club. The Commission is to consider modification of an agreement between the City and Women's Club to provide for City maintenance of grounds around the Women's Club building. Approval is recommended. -14- 12/12/89 On question by Ms. Brainerd, the Interim City Manager confirmed that the City owns the land on which the Women's Club is built, but not the structure. In addition, he advised the City has public access to the extent that it is granted when asked for, but the City does not control that access. The City maintains the grounds on the eastern side of the block as a passive open area. Ms. McCarty commented that she feels the western side of the building needs some attention, especially with the beautification plans on Federal Highway. The Interim City Manager advised a letter has been submitted to the President of the Women's Club, asking her to be responsible for the irrigation if the City undertakes the maintenance. Ms. Brainerd expressed a desire to have staff explore with the Women's Club and, perhaps, get some input from Mr. Weldon in order that this resource may be better utilized for public or civic activities in the future. Mr. Weatherspoon stated, even though the City is able to utilize this facility, there is a cost involved. Where land is leased for a certain amount of money, an agreement is usually entered into regarding the maintenance and he feels they should be required to live up to their part of the agreement which states they shall maintain the exterior. The City Attorney stated the property was acquired and the lease entered into in 1948, so it is not a recent issue. Mr. Weatherspoon stated he would like to see something in writing regarding their financial need. When the facility is used, there is a cost involved and he would assume they would have the neces- sary funds to do what needs to be done. Alice Finst stated formerly when this issue was discussed, the City was maintaining the property. The discussion centered around how much the City would save if they did not maintain the property and, at that time, the maintenance was turned over to the Women's Club. The City Attorney confirmed that the Women's Club does not lease the east half of the property. Ms. Brainerd stated she would like to hear more about the organization with regard to their fiscal situation and review what was discussed in the past to utilize the land. Ms. Brainerd moved for approval of the request to maintain the grounds with staff to supply the information she requested at another point in time, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 35. Initiation of City Employee Award Program. The Commission is to consider initiating an Award Program for City employees who meet certain years of service requirement (5 year increments) and to honor those employees retiring. Approval is recommended. 36. Authorization to Participate in the Ford Foundation 1990 Innovation Award Program. The Commission is to authorize staff to submit an application to the Ford Foundation 1990 Innovation Award Program for a possible grant award for our after school care program. Approval is recommended. 37. Tuition Reimbursement Program. Ratification of a tuition reimbursement program for sworn police officers and certified fire fighters and acceptance of draft policies is before the Commission for consideration. Approval is recommended. 38. Resolution No. 97-89. Resolution No. 97-89, requesting special consideration from Palm Beach County regarding road improvements on Lake -15- 12/12/89 Ida Road from Jog Road to Federal Highway, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 97-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING SPECIAL CONSIDERATION REGARDING ROAD IMPROVEMENTS TO LAKE IDA ROAD, FROM JOG ROAD TO FEDERAL HIGHWAY; PROVIDING FOR COPIES; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 97-89 is on file in the official Resolution Book) 39. Resolution No. 98-89. Resolution No. 98-89, authorizing the issuance of not exceeding $21,492,000 aggregate principal amount General Obligation Bonds (multiple projects) of which $5,180,000 aggregate principal amount shall be issued for the purpose of financing the acquisition, construction, reconstruction, and equipping of certain fire facilities; not exceeding $11,207,000 in the aggregate principal amount shall be issued for the purpose of financing the acquisitions, construc- tion and reconstruction of certain street, sidewalk, alley, rights-of-way, drainage and beautification project; not exceeding $4,605 shall be issued for the purpose of financing the acquisition, construc- tion and equipping of improvements to certain recreational and cultural facilities; and not exceeding $500,000 in aggregate principal amount shall be issued for the purpose of financing the acquisition and con- struction of various neighborhood improvement projects; providing the terms, right, remedies and security of the holders, and making certain other covenants of such General Obligation Bonds are provided for, is before the Commission for consideration. The caption of Resolution No. 98-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $21,492,000 AGGREGATE PRINCIPAL AMOUNT GENERAL OBLIGATION BONDS (MULTIPLE PROJECTS) OF WHICH: (A) NOT EXCEEDING $5,180,000 IN AGGREGATE PRINCIPAL AMOUNT SHALL BE ISSUED FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUC- TION, RECONSTRUCTION AND EQUIPPING OF CERTAIN FIRE FACILITIES; (B) NOT EXCEEDING $11,207,000 IN AGGREGATE PRINCIPAL AMOUNT SHALL BE ISSUED FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND RECONSTRUC- TION OF CERTAIN STREET, SIDEWALK, ALLEY, RIGHTS OF WAY, DRAINAGE AND BEAUTIFICATION PROJECTS; (C) NOT EXCEEDING $4,605,000 SHALL BE ISSUED FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF IMPROVE- MENTS TO CERTAIN RECREATIONAL AND CULTURAL FACILITIES; AND (D) NOT EXCEEDING $500,000 IN AGGREGATE PRINCIPAL AMOUNT SHALL BE ISSUED FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF VARIOUS NEIGHBORHOOD IMPROVEMENT PROJECTS; PROVIDING FOR THE TERMS OF SUCH GENERAL OBLIGATION BONDS, PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE GENERAL OBLIGATION BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 98-89 is on file in the official Resolution Book) 40. Resolution No. 101-89. Resolution No. 101-89, assessing costs for abatement action required to demolish an unsafe building on property located at 601 S. W. 3rd Street, in the amount of $1,760, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 101-89 is as follows: -16- 12/12/89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 101-89 is on file in the official Resolution Book) 41. Aware of Bids and Contracts. A. Rental Rehabilitation - 1119 Germantown Road - Abisset Corporation in the amount of $13,610 with funding from Communi- ty Development Rental Rehab (Account No. 118-1975-554-60.23). B. Gymnastic Instruction - After School Program - Boca Academy of Gymnastics in the amount of $2,596.00 with funding from Children's Service Council Grant (Account No. 001-4105-572-34.11). C. Pier and Ramp Enhancement/Knowles Park - Lucas Marine in the amount of $33,532 with funding from Knowles Park (Account No. 334-6111-539-61.61 - costs to be reimbursed from approved Florida Boating Improvement Program Grant upon receipt). D. Office Supplies - Decora Office Furniture in an approxi- mate amount of $32,500 with funding from various departments operating budgets (35-11 and 35-15/office supplies and operat- ing supplies). E. Backhoe - Water Distribution Division - Case Power and Equipment in the amount of $35,000 with funding from Water and Sewer Fund - Equipment (Account No. 441-5161-536-60.89). Ms. Brainerd moved for approval of the Consent Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 42.A.1. Mr. Weatherspoon stated he received a tape from the CRA of Fort Myers setting out their accomplishments and, after viewing it himself, he will give it to the Commission secretary and would like the Commis- sioners to feel free to look at it at their leisure. After viewing the tape, the Commission might like to consider passing it on to the local CRA. 42.A.2. Mr. Andrews questioned if the Interim City Manager has a report as yet on how surrounding cities handle the Police Funding Study. The Interim City Manager advised there were two cities meeting today and that information will not be available until tomorrow. 42.A.3. Mr. Andrews asked if the City Attorney is going to give the Commission direction regarding the outdoor advertising. The City Attorney commented he is prepared to discuss this item; however, it is not on the agenda tonight. Mr. Andrews requested that he supply the Commission with some type of information or contact them by telephone. Mayor Campbell stated the idea is that it has the ability to return to the Commission on the 27th for consideration. The Commission concurred to have this item placed on the Special Meeting agenda for December 27th. 42.A.4. Mr. Andrews stated he feels the noise issue in commercial districts needs to be resolved. The Interim City Manager advised this has been resolved and anyone wishing to hold a concert must contact his office. 42.A.5. Mr. Andrews questioned the status of the election issue with regard to residency qualification. The City Attorney stated the letter was received from the attorney, Ms. Delegal, this afternoon and a copy -17- 12/12/89 was sent to each Commissioner. An independent research has been con- ducted by the City Attorney's office and the issue has been discussed with the Elections Division in Tallahassee and the Florida League of Cities. He has also spoken with a number of City Attorneys, who have faxed copies of their Charters and ordinances. At least half of those have a residency requirement in duration ranging from 30 days to two years in advance of the time a person may qualify for candidacy for office. As to the elector status, the only City that has a requirement that a candidate be an elector prior to the time of qualification, is the City of Delray Beach. With regard to the research issue, it is his position that there is no case in Florida which rules specifically on the City's issue and he found no case which rules that an elector status preceding qualification is unconstitutional. He feels the bottom line is, aside from any philosophical considerations that the Commission may wish to do, it was enacted in 1985 based upon the recommendation of the Charter Review Committee and he is not uncomfortable from a legal perspective if the Commission chooses to retain the ordinance as currently in existence. Mr. Andrews commented that he spoke with one attorney who advised that one city made a provision that members on planning and zoning boards should have a residency requirement of two to three years, and it was upheld, because it was felt they should be knowledgeable about the issues. He feels this should be looked into with regard to the City boards. Ms. McCarty stated she fully agreed with everything Mr. Nathanson said, including the purpose of looking at the residency requirement to prevent interlopers. She feels that, even though it was a good thing at the time, it has proven to be too restrictive as the purpose was not to disenfranchise any residents from filing for office. She would like the City Attorney to prepare an amendment to the ordi- nance, providing ways to determine residency allowing the City to be in line with other communities. She also questioned the rationale behind the September 1st date. Mr. Weatherspoon commented that it never ceases to amaze him how people tend to raise or try to justify issues when it favors them. The guidelines presented by those persons in 1985 were to give the public assurance that those people who were to serve the community would show prudence in exercising that process. He could not support a Court decision saying this is unconstitutional and the existing ordinance must be changed. Ms. Brainerd questioned if this was subjected to a Public Hearing. The City Attorney confirmed that it was and the minutes reflected there was no comment from any person. Ms. Brainerd stated she feels the ordinance has served the City well. 42.A.6. Ms. McCarty commented there were four items on the agenda that were results of the P&Z decisions of last night, along with two items the real estate board was to make opinions on, for which she had no available backup and she is hoping this situation is due to the holiday schedule. 42.A.7. Mayor Campbell stated the Commission had discussed the beach beautification regarding the lamps and questioned the status. The Interim City Manager confirmed that it is progressing. Upon question as to the status of Old School Square, the Interim City Manager stated a proposal is in progress and being sensitive to their construction is a factor at this time. 42.B.1. The City Attorney advised he needs direction regarding Resolu- tion No. 98-89, authorizing the issuance of the Decade of Excellence Bond. The intent is to file suit and seek Court validation of the GO Bond Issue unless the Commission directs him differently. Upon question by Mayor Campbell, the City Attorney stated there is no question of time. The Commission concurred. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. -18- 12/12/89 42.B.2. The City Attorney apologized for the late arrival of the information of a settlement offer in a pending litigation matter that is now on appeal entitled, Currie vs City of Delray Beach and Palm Beach County, et al. He was contacted by Counsel for the Plaintiffs this afternoon and subsequently received an offer to settle the case within a 10-day period. On question by Ms. McCarty, the City Attorney advised if the Commission wished to act on this tonight, a motion must be adopted to amend the agenda to add this item as an emergency item. Ms. Brainerd moved to amend the agenda to add this as an emergency item, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. The City Attorney stated there is a settlement offer from the plaintiffs in the amount of $199,999, of which the City's share would be one-half. He further stated he spoke with Kent Pratt, Attorney repre- senting the City, and it is his recommendation that the offer be accept- ed, on the condition that the County accepts the remaining 50%. Ms. Brainerd moved for approval of the settlement offer as recommended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon asked from where the City's portion of that settlement would come. The City Attorney stated it will come from the Self-Insurance Fund. At this point the roll was called to the motion. 42.C.1. The Interim City Manager wished everyone a Happy Holiday. Vice-Mayor McCarty declared the meeting adjourned at 10:27 P.M. ~/Cit~ Cler~ ~ ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of December 12, 1989, which minutes were formal- ly approved and adopted by the City Commission on QD/R/z~J~o,/9~o - C~%y ~le~k- / NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have -19- 12/12/89 been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -20- 12/12/89 FORM 'SB MEMORANDUM-OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS t. ASl' NAME--FIRST NAME--MII)DLE NAME NAME OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE ANDREWS, WILLIAM FREDERICK DELRAY BEACH CITY COMMISSION MAILING ,xDDRESS THE BOARI), COUNCIl., cOmmissiOn, AUTHORITY, Or cOmmiTtEe ON 2 1 7 N. E. 4THH ST · WHICH ~ serve ~s A UNIT OF: c~'r¥ coun-rv NAME OF POLITICAL SUBDIVISION: DELRAY BEACH PALM BEACH DATE ON \VHICH VO'FE OCCURRED MY POSITION IS: X EL. ECTIVE APPOINTIVE I Z: Iq ~ ~1 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It appli~e~; eq~'aily to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I (~\1 'qB 10-86 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST l, WILLIAM F. ANDREWS , hereby disclose that on ~)~.~, t~ , 19~'~ : (a) A measure came or will come before my agency which (check one) __ inured to my special private gain; or X inured to the special gain of ~N~ ~U~ ~ ~'~ ~4u~aCa{.. , ~~~a~ SEI LER OF P~OPERTY TO W~i. ANE, RE~ (b) The measure before my agency and the nature of my interest in the measure is as follows: THE PROPERTY I HAD A CONTRACT TO PURCHASE ON WAS LOCATED ON A STREET WHICH WAS TO HAVE AN ULTIMATE 80 FT. RIGHT OF WAY. THE SELLER WOULD LOSE MONEY ON THE SALE IF LAND HAD TO BE GIVEN UP SO THAT I COULD MOVE MY BUSINESS THERE. THE.SELLER REQUESTED AND GOT THE RIGHT TO GIVE UP ONLY 5 FT. OF RIGHT OF WAY INSTEAD OF I5 FT. THE EXTRA 10 FT. MAY ALLOW ME TO BUILD A LARGER BUILDING ON THIS PROPERTY IN THE FUTURE ALTHOUGH I AM NOT SURE BECAUSE I DID NOT BY THE PROPERTY FOR THAT PURPOSE. THE CONTRACT TO PURCHASE PROVIDED THAT FOR EVERY SQ, FT. OF LAND GIVEN UP. I WOULD PAY $2.50 LESS PER SQ. FT. ~iHICH iS Al' LEAST $2. PER SQ. FT. LOWER THAN ANY LAND VALUE AROUND. THEREFORE, WHILE PAYING LESS FOR THE SMALLER PROPERTY, I MAY HAVE IN FACT LOST SOME VALUE FOR OPEN SPACE LAND, SETBACKS FOR FUTURE EXPANSION AND THE LIKE. IN A SEPARATE ACTION, THE COMMISSION HAD TO APPROVE MY BUSINESS BEING LOCATED IN THIS RM 10 DISTRICT, APPROVE A SITE PLAN AND RECOMMENDATIONS BY THE PLANNING AND ZONING BOARD AND THE HISTORIC PRESERVATION BOARD. NOTHING WAS UNUSUAL ABOUT GRANTING THAT REQUEST AS IT IS PART OF THE NORMAL REGULATORY PROCEDING FOR COMMERCIAL USES IN THE CITY. Date Filed Signature INOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE