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06-14-88 JUNE 14, 1988 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in the Commission Chambers at City Hall at 7:05 P.M., Tuesday, June 14, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell (Arrived 7:10 P.M.) Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John C. Scott! St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Vice-Mayor Weatherspoon presented and read a proclamation proclaiming Betsy K. Gerner an outstanding citizen in the City of Delray Beach. Mrs. Gerner came forward to accept the proclamation. Mayor Campbell arrived at this time. 5. Presentation - Conceptual Design in Alternatives for Air Stripping (CH2M Hill). Robert Wright, CH2M Hill, stated their recommen- dation is for the installation of an air stripping system to provide water treatment, located at the Water Treatment Plant, to treat only contaminated water from the 20 series wellfield. This came after a number of different alternatives were examined and discussions with City staff. They also propose that the City use a fast-track approach to building the system in order to save a substantial amount of cost which would be required to maintain the four temporary carbon systems. CH2M Hill has completed several of these installations and is anxious to deliver a cost-effective installation for the continued production of clean water in Delray Beach. Ted Belser, CH2M Hill, stated the contamination problem re- quires the use of an air stripping system as the most cost-effective means of treating the water. He presented slides and explained the different alternatives. He stated the first alternative they looked at was to locate a treatment system at the wellfield, acquire some prop- erty, treat the water and pump it back to the Water Treatment Plant using the existing pipeline. The second option was to locate the treatment system at the Water Treatment Plant, but treat only the water from the 20 series wells and the third option was to locate a system at the Water Treatment Plant, but size it large enough to treat the 20 series wells and the Golf Course wellfield. After review with staff, they felt that option two had the most advantages, the advantages being the security of having it at the Water Treatment Plant, the access for operators and the cost would be directly related to the contamination problem. Upon question by Mayor Campbell, Mr. Belser advised that their recommendation to staff was that they either go with option one or two, depending on their preference for location of the treatment system. There was some concern expressed about locating the system at the wellfield. Staff felt it would be better operation-wise and security- wise to have the system at the Water Treatment Plant. Upon question, the City Attorney advised there are two things tonight which he would like the Commission to vote upon: (1) agree with the choice of the option so that they know which direction to proceed and (2) vote on the contract authorizing their professional services to do that which was included in Addendum #2, which the Commission received in their agenda package. He stated that the figures set forth in there are maximum figures and they will endeavor to keep them as low as possible. He stated he has had a couple of conversations this week with the attorneys representing both Aero-Dri and the landowners, the Rosetti's, and, as a result of those conversations, CH2M Hill have had two meetings with the engineering firms of ESM South and Dames and Moore to endeavor to try to hold down the cost for everyone's benefit and accelerate the program. Mr. Belser stated they have worked out various schedules for each of the options and options one and two are basically the same, the only difference being that there is a concurrent pipeline construction activity occurring with one and not the other. Using option one, at best, with a very tight construction schedule, they are looking at a number of months putting them into next year before they have an opera- tional system. With option two, under the accelerated construction technique, the design/build concept, they see it happening much quiqker. He stated if they were to go with the standard traditional approach~they are estimating that they would spend approximately $656,000 for the type of equipment and carbon. If they go with the fast-track approach it will cost approximately $350,000. Ms. Horenburger moved to endorse option two, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell stated that as it was an addendum, and he has not had a chance to study it, he would have to defer his vote on the contract at this time. However, he would be willing to convene again on Friday afternoon to discuss this. Ms. McCarty concurred with Mayor Campbell. It was the consensus of the Commission to hold a meeting on Friday to consider award of a contract. At this time, Mr. Belser presented slides showing similar installations of air strippers. 6. The City-Attorney stated that Item 7 is actually to be two different ordinances; Ordinance No. 31-88 which is the adoption of the Code of Ordinances, and an additional ordinance, Ordinance No. 56-88 which is the official change from City Council to City Commission. Ordinance No. 56-88 should go first as 7.a. and Ordinance No. 31-88 a~' 7.b. The City Manager stated he would like to add an item to become Item 34.Jo It was inadvertently omitted in the Commission's package and is an award of a contract to Hardrives Construction Company for ad- ditional watermain construction along Congress Avenue in the amount of $28,000. Ms. McCarty requested that Item 34.A. be removed from the Consent Agenda and placed at the end of the Regular Agenda. Ms. Horenburger moved to approve the agenda, as modified, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS 7.a. Ordinance No. 56-88. Ordinance No. 56-88, amending the Charter to reflect and change the name designation of the legislative body of the City from City Council to City Commission, is before the Commission for consideration on First Reading. If passed, Second Reading will be held June 28th. -2- 6/14/88 The City Manager presented Ordinance No. 56-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO THE AUTHORITY OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, AND CHAPTER 166, FLORIDA STATUTES, AMENDING THE CITY CHARTER TO REFLECT AND CHANGE THE NAME DESIGNATION OF THE LEGISLA- TIVE BODY OF THE CITY FROM CITY COUNCIL TO CITY COM- MISSION AND OF CITY COUNCIL MEMBERS TO CITY COMMIS- SIONERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney advised that they will hold a public hearing this evening and again at second reading as this had to be placed on the agenda tonight. The City Attorney read the caption of the ordinance. A public hearing was held. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 56-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Co~mis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;{ Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. ~aid motion passed with a 5 to 0 vote. ~ 7.b. Ordinance No. 31-88. Ordinance No. 31-88, enacting a Code of Ordiannces and revising and rearranging Sections of the Code of Ordi- nances, is before the Commission on First Reading. Prior to considera- tion of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. If passed, Second Reading will be held June 28th. The City Manager presented Ordinance No. 31-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A CODE OF ORDINANCES FOR THE CITY OF DELRAY BEACH, FLORIDA; RECODIFYING, RENUMBERING, REVISING AND REARRANGING SECTIONS OF THE CODE OF ORDI- NANCES AND OTHER EXISTING ORDINANCES OF THE CITY; ADDING NEW MATTER AND REPEALING VARIOUS ORDINANCES; RESCINDING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. 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. Horenburger moved for the adoption of Ordinance No. 31-88 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 33-88. Ordinance No. 33-88, rezoning land presently zoned RM-10 to CF to allow construction of a parking facility north of N.E. 1st Street, is before the Commission for consideration on First Reading. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. If passed, Second Reading will be held June 28th. The City Manager presented Ordinance No. 33-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN CF (COMMUNI- TY FACILITIES) DISTRICT A PARCEL OF LAND LYING AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED -3- 6/14/88 AT THE NORTHEAST CORNER OF N.E. 7TH AVENUE AND N.E. 1ST 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. 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. J. Foster, representing the N.E. Delray Residents Association, stated they are totally opposed to this commercial intrusion into their residential neighborhood and the affect the development will have on their quality of life. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 33-88 on First Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Waiver of Provisions of the Sign Code. The Commission ih to consider a request for a waiver to the Sign Code to permit signs at Atlantic Plaza to accommodate Jacobsons Department Store. Prior to consideration of this waiver a public hearing has been scheduled to be held at this time. The City Manager stated this item is requested by the developer of Atlantic Plaza to accommodate certain sign requests by the Jacobsons Department Store. Provisions of the sign code which this waiver action involves include (A) prohibition of roof mounted signs, (B) prohibition of off site signs, (C) limitation of the number of signs permitted per business and (D) modification to the Atlantic Plaza Pylon sign. The Community Appearance Board, at their June 8th meeting, agreed to work with the Jacobson's people to accommodate their request and suggested that the roof top sign be altered and modified. The CAB and staff believe the other three requests can be accommodated through design criteria and interpretation of the Code, which will not require certain waivers. David Kovacs, Planning Director, stated the roof sign request was to structurally mount a sign above the roof line of the existing office building.in Atlantic Plaza. The CAB and staff have recommended that a waiver not be granted for a roof sign. Digby Bridges, Chairman of the CAB, stated they did not feel the sign, in the position it was going to be, would be seen. However, if they want to work it in architecturally they would work with the applicant on the roof top sign. The public hearing was closed. Mr. Weatherspoon moved to support staff's recommendation and deny the request for a waiver for a roof top sign, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Kovacs stated the next request was for an off site sign. The City does not allow off site advertising signs and if a sign has the name Of a store on it then it is advertising. The request was to be able to locate an off site sign on U.S. Highway #1 so that people would know where to turn and how to identify with the Jacobsons store. The sign was to be 18 feet in height by 2 to 4 feet in width. The CAB did not support that type of a sign; however, they did look favorably upon having an off site sign of dimensions no higher than 6 feet, a width no greater than 6 feet and that a waiver would be appropriate in order to provide identification. In staff's discussion of that recommendation they felt that if the sign drew attention to a public parking structure, Veterans Park, Atlantic Plaza as a shopping center and also incorporated -4- 6/14/88 Jacobsons name, that such an off site sign would be appropriate because of the traffic which would be going from U.S. 1 to the shopping center and the two public facilities. Assistant City Attorney Kurtz advised that included in the waiver should be a limitation on the size of the sign. You can have directional signs within the right-of-way; however, they are limited. Therefore, the waiver would be specifically to allow this larger type monument sign on private property versus the right-of-way and up to a size of 6 feet by 6 feet. Ms. Horenburger moved to waive the ordinance, subject to staff recommendations and the comments of Assistant City Attorney Kurtz, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Kovacs stated the third request is with regard to the number of signs. In this particular situation, the CAB had no problems with granting the waiver. On the elevation facing north they have a situation where they have a Jacobsons sign on the ground leve~, a parking deck and then a Jacobsons sign on the top level. Therefore~ you can only see one of the signs from an area at a time. Based on t~is, staff felt that there is a unique circumstance which would be the basis for granting a waiver to allow the additional sign. Assistant City Attorney Kurtz advised the waiver would be for an additional three signs, the reason being that it is a unique situa- tion as there is a parking garage there making two signs visible from only one floor. Ms. Horenburger moved for approval of staff's recommendation, including Assistant City Attorney Kurtz's comments, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Kovacs stated the fourth request deals with the height of the entry pylon sign. This is an existing sign and by adding Jacobsons to it, it will be raised by two feet. The CAB had no concerns with this and, he believes, the type of waivers required at this time would no longer be required under the proposed ordinances which have been drafted for amendments tO the Sign Code. Therefore, they are recommending approval so that this project can continue. Ms. Horenburger moved for approval of staff's recommendation, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Resolution No. 31-88. Resolution No. 31-88, repealing Resolu- tion No. 15-86 authorizing the exchange of property owned by the City and Ocean Properties, Ltd., is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 31-88: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 15-86, AND ENACTING A NEW RESOLUTION AUTHORIZING PURSUANT TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, IN SECTION 2-7(B) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH AND OCEAN PROPERTIES, LTD., GENERALLY LOCATED IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST; PROVIDING FOR THE TERMS AND CONDITIONS OF SUCH EXCHANGE. -5- 6/14/88 (Copy of Resolution No. 31-88 is on file in the official Resolution Book) The City Manager advised that previously a land exchange involving similar property descriptions was authorized by the Commis- sion. Subsequent to that, the configuration of the parcels to be exchanged has been altered to accommodate relocation and construction of Fire Station No. 2 and a new agreement is required. The City Attorney advised that there is an attachment to this resolution which is the land exchange agreement. There may be some technical language modifications; however, the basics regarding splits of costs, etc., will remain the same. Ms. Brainerd moved for the adoption of Resolution No. 31-88, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - 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 stated she feels it is important to note th~ in the agreement there~ is the restriction of the use of the property for the purpose of hotel, conference center development and ancillary accessory uses in conjunction with the existing hotel complex located on Ocean Properties holdings. There were members of the public interested that this be included in the agreement. It also mentions that Ocean Properties will be paying for the construction of the new public parking lot and joint construction costs. She questioned what this refers to. The City Manager advised this refers to the retaining wall between the hotel and the new fire station. Ms. McCarty stated it also mentions variances which are going to be needed and she questioned what type of variances. Mr. Kovacs stated one variance request will be with regard to the number of parking spaces as they will be about 90 spaces short. Others will deal with the width of some of the landscaped areas between the public parking area and the hotel and the zero lot line. The variances will be a part of their conditional use request and it will be processed and approved before this agreement takes its full force. At this point the roll was called to the motion. COMMISSION ACTION 11. Annexation - Enterprise Leasing Properties. The Commission is to consider a request for annexation of property owned by Enterprise Leasing with initial City zoning of GC. The present County zoning is General Commercial for Lots 6 through .13 and Residential for Lot 14. The Planning and Zoning Board recommend approval, subject to the stipu- lation that all lots involved be platted into a single parcel. Mayor Campbell stated that this was workshopped and it was the consensus of the majority of the Commission to entertain an annexation, but only applying a GC zoning to Lots 6 through 13 and an RH zoning to Lot 14. The City Manager stated the appropriate action tonight would be to deny the petition before them and seek to learn from the applicant whether or not he would be receptive to the annexation based on the stipulation the Commission reached at their workshop meeting. Beril ~ruger, representing the applicant, stated the only thing they are asking for is that the entire property be annexed as General Commercial. Ms. Brainerd moved for denial of the annexation request, seconded by Ms. McCarty. Ms. Horenburger questioned if the applicant is still willing to go ahead and annex under the conditions the Commission is looking at. -6- 6/14/88 Mr. Kruger stated the applicant was willing to annex as General Commercial; the lot is useless to him as Residential. However, if they can get a postponement until the next meeting he will go back and ask him one more time. The City Manager advised that the Commission could deny the petition for annexation and, if the applicant reapplies under the Commission's conditions, they will go ahead and draft the appropriate ordinance. Ms. Horenburger made a substitute motion as advised by the City Manager, seconded by Ms. Brainerd. Discussion followed with regard to the advertising and public hearing procedures. Ms. Horenburger withdrew her substitute motion, Ms. Brainerd' withdrew her second. Ms. Horenburger made a substitute motion to direct staff to work with the applicant regarding the concerns the Commission raised at their workshop and proceed to prepare something for annexation address- ing those concerns, seconded by Mr. Weatherspoon. Upon roll cal~ the Commission voted as.follows: Ms. Brainerd - Yes; Ms. Horenburger - ~es; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. ~aid motion passed with a 5 to 0 vote. 12. Annexation - Borton Volvo. The Commission is consider a ~equest for annexation of property owned by Borton Volvo, Inc., with initial City zoning of SC (Specialized Commercial). The Planning and Zoning Board recommend approval, subject to the following: A. A new enclave will not be created by this annexation. B. That service will be provided to the property in a manner similar to that for similarly situated properties which are already in the City. C. That the proposed zoning of SC is consistent with the adjacent zoning and complies (does not conflict) with all of the seventeen standards for evaluating rezoning requests as found in Section 30-23(d). D. The proposed zoning is consistent (does not conflict) with the existing County zoning of GC (General Commer- cial) or the existing use (automobile dealership). E. The- proposed zoning is consistent (does not conflict) with the City's Land Use Plan designation of (C) Commer- cial for the property. The City Manager stated this is a voluntary annexation of 4.9 acres located on North Federal Highway. The present County zoning is GC with adjacent zoning of GC to the north, south and west of the property and SF to the east. The level of service is "A" meaning that full service can be provided without any additional manpower demands placed upon the City. The parcel is contiguous to the City via US Highway No. 1 and will not create an enclave. The unincorporated land which will be separated by this annexation is currently part of a larger enclave, but only as defined in the Delray Beach Enclave Act which does not include these properties. The agenda report states that the ordinance would be prepared for first reading on June 28th, that date should be July 12th. Ms. Horenburger moved to approve the Borton Volvo annexation, wi=h the conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13. Conditional Use Permit Request (CU 6-238) - Bible Church o~ God. The Commission is to consider a request for a conditional use permit from the Bible Church of God to operate on a .875 acre parcel of commercial property located on the east side of N.E. 1st Avenue, between Atlantic Avenue and N.E. 1st Street. The Planning and Zoning Board recommend denial. -7- 6/14/88 Ms. Brainerd moved to deny the conditional use permit request for the Bible Church of God, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - 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 that he feels it is a sad state of affairs when they cannot accept a place of worship anywhere in the City. He stated he feels the presence of a church will pose no threat in this area and he would be amenable to granting the request, with some condi- tions. Pastor David Gray, representing the Bible Church of God, stated they have the surveys, parking, prints and everything the City requires for a conditional use application. Mayor Campbell stated approximately two years ago the same recommendations came from the P&Z Board and DDA with regard to an application for a church on N.E. 2nd Avenue. Mr. Weatherspoon stated that when that application came b~fore the Commission they voted in favor of it despite the P&Z Board's recom- mendation. The applicant decided not to go forward because of dther constraints. At this point the roll was called to the motion. 14. Amending Zoning Code - Site Plan and Conditional Use Approvals. The Commission is to consider a recommendation relative to amendment of the Zoning Code to provide for a time period for validity of site plan and conditional use approvals and related items. Mr. Weatherspoon moved to approve the P&Z Board's recommenda- tion, seconded bY Ms. McCarty. Ms. McCarty stated that on Page 2, Part B, they talk about either having a C.O. or completing 25% of the total cost of the public improvements; it also states "and the project continues to be diligently pursued to its completion". She feels that "diligently pursued" seems deliberately vague. The City Attorney stated if the Commission wants to make it more objective the language could be changed. Upon question by Ms. Horenburger, the City Attorney stated that, as he understands, this amendment takes over for past practices of past City Councils where in many instances they did not impose, specifi- cally, a time frame. Secondly, Mr. Kovacs solicited an opinion from the City Attorney's Office as to what would be sufficient to keep the approval. Based on past practices, it was his opinion that it meant 25% of the entire project. This amendment would change that to be 25% of. the public improvements only and, therefore, is a reduction in the standard. Mayor Campbell stated that this is merely a safety protection for the Commission; it is not intended to be the over-riding and primary ordinance of operation. The City Attorney stated the way this is drafted it would be the time frame of 18 months and they would also be defining what would be sufficient improvements. The City Manager stated the reason this is vague is so that they do not allow a developer to extend a site plan without having "due diligence". Ms. Horenburger stated she would like to include what they had before and require that they have 25% of the improvements, not just the public improvements, completed and be diligently pursuing completion of the project. She stated the Commission is always in the position of extending a site plan due to circumstances; she would like to have that option. -8- 6/14/88 The City Manager clarified that this amendment would automati- cally include the 18 month time without having to make a stipulation to that effect. It also attempts to capture those projects in the City which do not have the 18 month expiration time and puts a prospective date of six months from June 1, 1988. Mr. Kovacs stated that the P&Z Board addressed all the problems they are dealing with. If they do not proceed with some of the recom- mendations, he questioned what they would do with the shopping center which is into its third extension and is being built under rules and regulations which are four years old and do not meet the codes. They should be required to build under todays codes. Mr. Weatherspoon stated it has always been his understanding that when they granted an extension the staff looked at the plan to make sure nothing has changed. Ms. Brainerd stated she understands there have been occasions when they have not put time-certains on plans and this amendment is meant as a catch-all for those plans with no dates attached. Ms. Horenburger stated she has no problem with that portion of the amendment; it is the rest of it she has a problem with because~they are modifying the existing standards which are tougher than those ~eing proposed. Mr. Kovacs stated the one element of the amendment which is less restrictive is that which deals with the establishment of 25% of the improvements. A reason for wanting to go with this is because they can identify what 25% of the infrastructure cost is. Staff spends an unnecessary amount of time and energy on trying to calculate the cost of the totality of a project as opposed to dealing with something they bond for their public improvements. Mayor Campbell stated there does not seem to be a consensus at this time to move forward and they should workshop the issue of the percentage. However, they do have a consensus with regard to the specific time period element. They could go ahead and prepare an ordinance on the time period and come back with the other. The City Manager stated they could take the Commission's comments and incorporate them into a draft ordinance. It was the consensus of the Commission to have staff prepare a draft ordinance. Ms. McCarty stated there was another consideration that the P&Z Board be given the authority to grant the extensions with the appeal process going to the Commission. She would be opposed to this as she feels it is the purview of the Commission. Mr. KoVacs advised the P&Z Board did not recommend this, it is just another consideration. 15. Land Use Map Amendment - City Owned Property at Miramar and Venetian. The Commission is to consider a recommendation to initiate an amendment to the City's Land Use Map from P (Public) to MF-15 for City owned property located at the southeast corner of Miramar and Venetian. The City Manager stated this was the property originally discussed for location of Fire Station No. 2. The decision was made to site the Fire Station on Andrews Avenue and this property now becomes a surplus to the City's needs. In order to accomplish expeditious sale of it, the Land Use Plan needs to be amended from its present Public designation to Multi-Family Residential. Mayor Campbell stated he does not want RM-15 on this property as he has always been against the highest density in the City and would only go to RM-10 as a maximum density. Elizabeth Matthews stated that going to RM-10 would be consid- ered spot zoning as the entire area is zoned RM-15. -9- 6/14/88 5! The City Manager stated that when they discussed this item during the location discussion of the fire station it was offered that this property would bring a value certain based on its RM-15 zoning. Ms. McCarty moved to direct staff to go with RM-15, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - No; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. 16. Sale of City Owned Property - Miramar and Venetian. The Commission' is to consider initiation of activity to sell City owned property located at the southeast corner of Miramar and Venetian. Ms. McCarty moved to direct the City Manager, in conjunction with the City Attorney, to advertise the property and begin initiation of its sale, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Lease Agreement - Cason Cottage for Use by Historical SoCiety and Old School Square, Inc. The Commission is to consider approval ~f a lease agreement with the Delray Beach Historical Society and Old School Square Inc., for the lease of Cason Cottage. ~ The City Manager stated he would like to pull this item from the agenda as there is some terminology which is inconsistent with what they thought was going to be in the agreement. Ms. Brainerd moved to postpone consideration of the lease agreement, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Waiver of Processing Fees - Rainberr¥ Bay. The Commission is to consider a waiver of processing fees in the amount of $165.00. Denial is recommended. Mr. Weatherspoon moved to ratify staff's recommendation to deny the waiver of processing fees, seconded by Ms. McCarty. Upon roll call the Commission voted-as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 19. Water Service - Hardrives, Inc. The Commission is to consider approval of a specialized water service agreement. The standard water service agreement has been modified by deleting references to annexation and City ordinances. Denial is recommended. The City Manager stated that on occasion they have granted special water service agreements where there have been extenuating circumstances; however, they do not believe this situation is consistent with those circumstances. Depending upon how seriously the Commission would like to pursue annexation of the Hardrives property, the denial should be accompanied by a directive to the Environmental Review Board that they urge and require Hardrives to annex. Mayor Campbell stated that, according to the staff report, the primary objection to the application had to do with the probability of not getting an industrial, or compatible, zoning district on the proper- ty and the applicant did not want a nonconforming use. He questioned if staff has looked at an alternate zoning category which would not open that property to unacceptable general industrial uses, but which might allow a permitted use such as an SAD zoning category. Mr. Kovacs stated the zoning they would recommend is Industrial which would allow the uses there; however, the problem is not so much with the zoning put on it today, but what the zoning may be with the next series of Commissioners. The concern is that three years from now -10- 6/14/88 there may be community pressure to change the zoning and the applicant would become nonconforming. Paul Wolf, representing the applicant, stated they would like to annex and have City water; however, they do not feel annexation under the present circumstances, where a legislative act could change the zoning, would be in their best interests. Ms. Brainerd moved to deny the special water service applica- tion and direct staff to appear before the Environmental Review Board urging them to require the applicant to come to the City for a standard water service agreement, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - 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 would rather see the City's staff communicate with Hardrives than have someone else force them. Mayor Campbell stated he feels that this is consistent ~ith what they did on the Flea Market issue.. When they make a denial ~they now ask that staff make a presentation of the City's position to the County. ~ Mr. Wolf stated that one other suggestion which has been talked about is placing a deed restriction on the property stating that if the use ever changed it would be annexed into the City. Mayor Campbell stated they could look into that, but it would require deviation from the current policy with regard to other appli- cants. Ms. McCarty questioned why they could not petition the Legisla- ture to include this in the Enclave Act; then they would have the same assurances as everyone else in the City has that they will have the use which has been deemed them. Mr. Wolf stated he believes the Court is higher than the Legislature and he would rather have a Court Order than a Legislative Act which could be changed by the next session. Ms. McCarty stated she feels they need to let the Environmental Review Board know that they want Hardrives to be annexed.and have done everything in their power to make the use theirs forever. At this point the roll was called to the motion. Ms. Horenburger left the Commission Chambers at this time. 20. Rejection of Fire Tanker Bid. The Commission is to consider rejection of Bid No. 88-59 for a 2500 gallon fire tank and that staff be authorized to rebid in accordance with purchasing policies. Mr. Weatherspoon stated he is concerned that only one bid was received and questioned what staff is going to do to change the specifi- cations. The City Manager stated they will advertise on a wider basis and will modify the specifications. They do not understand why they only got one bid and also feel that that bid was too high. Mr. Weatherspoon moved to reject Bid No. 88-59 and authorize staff to rebid, seconded by Ms. Brainerd. 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. 21. Utility Agreement - Congress Avenue Widening. The Commission is to consider authorizing execution of modified Utility Agreement -11- 6/14/88 between the City and Palm Beach County concerning Congress Avenue widening to include additional language limiting the City's liability. Mr. Weatherspoon moved to authorize execution of the modified Utility Agreement between the City and Palm Beach County, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 22. Settlement Offer - Walker vs City. The Commission is to consider acceptance of an offer from the Florida Insurance Guarantee Association (FIGA) for settlement of litigation in the amount of $7,400 in the case of Walker vs City of Delray Beach. Mr. Weatherspoon moved to accept the settlement offer in the amount of $7,400, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. ~peal of Palm Beach Newspapers vs Charles Kilgore. The '~mmission is to consider authorization to proceed with appeal of ~Palm Beach Newspapers, Inc. vs Charles Kilgore.!~ Mayor Campbell stated that since his initial inclinatioh in this case is not to appeal, and that it may get into more philosophical legal questions, he would like the City Attorney to make an argumenta- tive comment. The City Attorney stated he is recommending they lodge the appeal for three reasons, one of which is that the Circuit Court's decision rendered on the case is deadfast wrong. Secondly, if this were to stay as is they would have newspaper reporters around every day of the week demanding to see mid-term investigative files in the Police Department for internally generated complaints. It interferes in the investigation and he feels brings undue publicity at the wrong point in time. Thirdly, if they do not agree to the appeal then that which they believe the Court did incorrectly will also result in the City having to pay the newspaper all their costs and attorneys fees for something they believe they were right about to begin with. Ms. McCarty moved to give permission to the City Attorney to pursue the appeal,, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. 24. .Settlement Offer - Robinson vs City.. The Commission is to consider acceptance of an offer from Wendell Robinson for settlement of litigation in the amount of $500.00. Mr. Weatherspoon moved to accept the offer from Wendell Robin- son for settlement of litigation in the amount of $500.00, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 25. Redefinition of Frontaqe. The Commission is to consider ~pproval of changes in the definition of property frontage and that an ordinance be prepared. Mr. Weatherspoon moved to direct staff to prepare an ordinance, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. 26. Auburn Trace Housing Proposal. The Commission is to consider a proposal update on the Procacci contract relative to Auburn Trace. Denial is recommended for the proposal dated June 6, 1988. -12- 6/14/88 Mayor Campbell stated he understands, pursuant to a letter they received dated June 10, 1988, that the developer is requesting some modifications in an earlier agreement regarding the overall grant application. The City Manager stated that staff's basis for recommending denial of the June 6th proposal was primarily economic. They felt the City's cash flow was reserved for too long a time with the uncertainty of payback in a time they felt would be prudent. Subsequently, they have had an additional piece of correspondence dated June 10th which was reviewed by staff and, as recently as today, have offered a counter- proposal to Mr. Procacci. Mayor Campbell requested that Mr. Kurtz outline what the current understanding is and what the change in the proposal is. Assistant City Attorney Kurtz advised this project is to develop 368 units on a 38 acre tract near Carver Middle School. The original proposal, which the City and Mr. Procacci proposed, was to get the UDAG monies in the amount of $6.6 million, $1.1 million coming from the City. Terms on repayment would be 1% with a balloon payment at the end of 15 years. However, there was a possibility that the percentage on the interest would be reduced to 0% if they paid the City th~$1.1 million during the course of the 15 years. The $1.1 million in the original deal was to come from Mr. Procacci through the purchase o~ the land. This was unacceptable to HUD, the agency which authorizes the UDAG grant, and what they came back with was a $6 million grant, $5 million from HUD, $1 million from the City, with the City's matching funds coming in the form of hard cash. They were limited to selling the land for $730,000 which was the appraised value and directed by HUD to take a purchase money mortgage back on that property. The UDAG repay- ment on the $5 million was going to be at a 3% rate rather than the 1% rate. Interest was going to accrue for five years and then payment of $287,000 was going to be coming to the City in years 6 through 15 with a balloon payment paying off all outstanding principal balance at the end of the 15th year. Mr. Procacci accepted the conditions placed on him by HUD and there were three issues to negotiate; the City's $1 million repayment, the purchase money mortgage on the sale of the land and off-site development expenses. To do this development, someone is going to have to put a road in linking S.W. 12th Avenue to S.W. 14th Avenue, from S.W. 4th Street to S.W. 8th Street. There are also going to have to be some possible improvements to S.W. 14th Avenue, from S.W. 8th Street to S.W. 10th Street. In addition to this, because the develop- ment is going to Cut off access to S.W. 4th Street, Carver Estates is going to have to have a new access road and the site plan envisioned that going along the City's cemetery property. There is also the potential for off-site drainage expenses. Originally, it was their understanding in negotiating the agreement, that Mr. Procacci and Procacci Development Corporation would pay all of the road improvements, other than those which were classified as off-site. The City understood off-site to mean improvements to S.W. 10th Street, to Germantown Road because of the increased impact and possibly Linton. Mr. Procacci had a different feeling as to what off-site meant and felt that, even after negotiating the agreement, the City would have to put in the road running from S.W. 12th to S.W. 14th, as well as the other improvements. Assistant City Attorney Kurtz stated the June 6th offer by Mr. Procacci stated that he would pay the City back the $1 million and the $730,000 at 0% interest, with a 15 year balloon. In addition, the City would have to pay all off-site improvements. On June 10th, a new letter arrived which stated that Mr. Procacci understands the City does not want to incur a great deal of up-front costs. He suggested that they still give him a 0% interest rate on the $1 million, balloon that in 15 years, but to offset the City's up front cost he would be willing to loan $1 million to the City at 8% interest and let the interest ride so that it would accrue and the City would just have a balloon payment at the end of the 15 years. Mr. Procacci also agreed to build the portion of the road linking S.W. 12th Avenue and S.W. 14th Avenue which ran through their property. The City would have to build a little piece from S.W. 4th Street and from S.W. 8th Street on down to 10th. With regard to the purchase money mortgage, Procacci wants to reduce the price of the land to $275,000 which would be payable in five -13- 6/14/88 installments of $25,000 each on an annual basis and then a balloon payment with 0% interest at the end of the 15th year. Staff would recommend against this option as they do not feel it is a good deal for the City financially. They have some concerns about whether or not they can accept a loan from Mr. Procacci on that basis without getting into a competitive bidding situation. There is also some concern as to what would happen if Mr. Procacci was to default on the agreement; the City would not have to pay back the $1 million, but that would somehow negatively impact on our borrowing capability as it would still show the fact that the City had not repaid a loan. Assistant City Attorney Kurtz stated today staff sent over an offer to Mr. Procacci for his consideration. The offer would be that the $1 million would be paid back to the City in five equal annual payments, beginning from the time the first draw was taken. There would be payments of $201,000 with 0% interest. With regard to the $730,000 purchase money mortgage, they would want that paid over three years so that would make payments of $240,000. They would also give Mr. Procacci $150,000 and he would do all the off-site improvements. Phil Procacci stated all the changes being brought about are a product of HUD's counterproposal from the one which was submitte~ to them on the original UDAG application. He stated there seems to b~ lot of misinformation with regard to his counterproposal. In no way, or instance, are any of his counterproposals financially less rewardin~ to the City than the original proposal. Mr. Procacci stated, with regard to the counterproposal, that the original purchase of the land for $730,000 in the UDAG application required a $10,000 down payment. Staff has recommended that he pay $240,000 for each of the first three years of the project, starting at the time of the closing of the loan application. When the original proposal was negotiated by HUD, they had taken most of the available cash flows from the project and awarded them to the City with respect to the interest they put on the notes for the $5 million of UDAG money. Therefore, the mortgage payments which are being made in years 6 through 10 are payments which were not originally figured in the original proposal. Due to the counterproposal by HUD and the proposal they have before them, HUD has taken most of the available cash flows out of the project and there is not a cash flow available to meet the obligations of staffs counterproposal to him. Mr. Procacci stated he has had several meetings over the past three or four months with the City's staff and at one meeting they tried to work out some of the problems with the counterproposal from HUD. At that time, staff was very anxious for the project to go ahead and made it clear to him, and amongst themselves, that they were not in this project to make a profit; they were going ahead with this to build affordable housing in the City and they wanted to make sure that the financial implications on the project were successful. It appears to him that the City has an obligation to pay $25,000 a year toward the cost of the property from the Housing Authority. With regard to the City matching funds, he stated he will agree to repay the funds at the rate recommended by staff, which is $201,000 per year over five years at 0% interest. This will require an additional million dollars of equity investment, in addition to the $4 million he is earmarking and allocat- ing toward the project. With regard to the off-site improvements, he stated he will agree to construct the road way from S.W. 12th Avenue to S.W. 4th Avenue. He does not believe that this project will warrant improvements over and above the $150,000 the City has committed; how- ever, he does feel that these should be the obligation of the City. According to the new HUD requirements, the City will receive an extra $2 to $3 million over and above the amounts in his original proposal. He feels this is enough incentive for the City to build any off-site improvements necessary. With regard to a personal guarantee, he stated he feels his $5 million of equity investment, the first mortgage he is going to have to place on the project and the guarantee to HUD is enough involvement. Mr. Procacci stated the problems with staff's proposal are that the project is now, and will be from the first day, in a negative cash position. It does not offer the adequate security to the first mortgage -14- 6/14/88 lender or to the HUD loan. He stated with the help of the UDAG loan, he can build a quality project and one which is affordable to the residents of Delray Beach. It will be professionally managed and maintained to meet the needs of the City. Upon question by Assistant City Attorney Kurtz, Mr. Procacci stated, with regard to the cemetery road improvements, he would envision the City paying for that. Assistant City Attorney Kurtz questioned, assuming they can get the same terms from the Housing Authority, if Mr. Procacci would be willing to go with $75,000 up front as his down payment, reducing the balloon to $525,000 at the end of the 15th year and making the $25,000 a year payments. Mr. Procacci advised he could live with that. The City Manager stated with those modifications, this puts a new light on the proposal and comes much closer to something which both staff and Mr. Procacci can live with. Mayor Campbell suggested that they place this on the agenda for Friday's meeting for a confirmation vote which will allow them the chance to get with staff. The new proposal sounds good to the effect that they are finally getting close to an agreement. ~t Mr. Procacci stated he will be glad to put his new proposal in writing. ~ Upon question by Mr. Weatherspoon, Lula Butler, Director of Community Improvement, stated that the City has 60 days to execute the grant agreement and that term ends the first week of July. Therefore, on or about the 1st of July they need to be in a position to submit the executed grant agreement to the HUD office. The agreement would have to include the specific documents relating to their agreements with Procacci on the repayment of the match, the land sale contract and their closing of the land to the Housing Authority. Assistant City Attorney Kurtz stated they-would anticipate, assuming they can work out the details with Mr. Procacci, that there would be a contract on the June 28th agenda. In addition, the Commis- sion will also be having the second public hearing on the Land Use Plan amendment which will allow them to place the appropriate zoning on the property. Mayor Campbell suggested that staff and Mr. Procacci may want to discuss some other peripheral issues such as the zoning and units to see if there are any problems. 34.A. Award of Bids and Contracts - Atlantic Avenue Beautification Project - Charles S. Whiteside, Inc. The Commission is to consider the award of a contract to Charles S. Whiteside, Inc., in the amount of $1,500,000.00 for the Atlantic Avenue Beautification P~oject. Ms. McCarty stated they received a report from Hugh Clinton who raised some issues regarding the street lighting. She would like to defer this to the City Manager to find out his comments on the very extensive report. The City Manager stated they had originally estimated a $400,000 cost for aesthetic street lighting which would be owned by the City. This caused them to bring the item back to the Commission as they felt there could be some ways they could save some money as it was a bid estimate. They determined that if the differential was such that it would not be prudent to pursue, they could make a change order in the contract. It turns out that the bid proposal from Whiteside, Inc., reduces the cost of the street lights to $140,000 for that portion from Swinton Avenue to 5th Avenue. This compares quite favorably with the $437,000 estimated and given the aesthetic benefit, and the fact that the merchants have indicated they prefer these lights, they would be well served by it. John Walker, Land Development Engineer, stated the $490,000 quoted in Mr. Clinton's report was for the entire project from Swinton -15- 6/14/88 Avenue to the Intracoastal Waterway and was based on an estimate from Sasaki & Associates. The City Manager stated he feels they have been responsive to Mr. Clinton's concerns and that the bid they have received is in the best interests of the City. Mayor Campbell stated if the Commission would like to look at the proposal from Mr. Clinton and weigh it then they can postpone this item. The City Manager stated he appreciates the work which was done on this report; however, staff's position has been fairly consistent that they want to be consistent with the Sasaki plan and get the project moving. He feels to delay it tonight would not be a good idea. ~yor Campbell stated he would like an opportunity to review the report as they only received it tonight. The City Manager urged that the Commission adopt the contract, as submitted, tonight and if they have questions about the street lighting they can stipulate that that portion of the contract not be awarded until Friday. Assistant City Attorney Kurtz .advised it may be more a~ro- priate to do this as a change order later on if they. need to. ~ Mayor Campbell stated if any Commissioner feels it is appropri- ate, after discussing this and talking with Mr. Clinton, they can place this on the agenda Friday. Ms. Horenburger stated they need to be sure that Sasaki sees this report, evaluates it and makes a comment. Ms. Horenburger moved to award a contract to Charles S. Whiteside, Inc., in the amount of $1,500,000.00, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 27. Resolution No. 32-88. Resolution No. 32-88, assessing the costs for abatement action required to remove an unsafe building on property at 840 South Swinton Avenue, is before the Commission for consideration. The caption of Resolution No. 32-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII 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 RECORD- ING OF THIS RESOLUTION, 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. 32-88 is on file in the official Resolution Book) 28. Offer of Sale of Land - Anthony Williams. The Commission is to consider rejection of an offer for sale of property to the City in the amount of $40,000.00 by Anthony Williams. 29. Resolution No. 34-88. Resolution No. 34-88, assessing the cos'ts for abatement action required to remove an unsafe building on -16- 6/14/88 nroperty at 542 N.W. 47th Avenue, is before the Commission for consider- ation. The caption of Resolution No. 34-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII 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 RECORD- ING OF THIS RESOLUTION, 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. 34-88 is on file in the official Resolution Book) 30. Resolution No. 35-88. Resolution No. 35-88, abandoning ac six 'f~0t wide utility easement at 2514 Bessie Street, is before the Co,is- sion for consideration. ~ The caption of Resolution No. 35-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH SIX (6) FEET OF LOT 1, BLOCK 15, PLAT 2 OF 2, OF SOUTHRIDGE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 39, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 35-88 is on file in the official Resolution Book) 31. Solicitation Permit - Greenpeace USA. The Commission is to consider approval of a permit to solicit from Greenpeace U.S.A., between June 15th and July 15th. Approval is recommended. 32. Addendum to Recodification Contract. The Commission is to ~onsider authorization to execute Addendum to Contract between the City and American Legal Publishing Corporation for subscription service and pamphlets. Approval is recommended. 33. ~ppointment - Delray Beach Human Relations Committee. The Commission is to consider the appointment of Anita Mitchell to the Delray Beach Human Relations Committee to a term ending March 15, 1990. Approval is recommended. 34. Awards of Bids and Contracts. The Commission is to consider that bids and contracts be awarded as follows: B. Life Guard Towers - Ralph Osborne, Inc. - $18,124. C. Janitorial Services - City Hall - Clean Best of Florida - $14,000. D. Fire Fighting Equipment for new Pumpers - Ten-8 Fire Equipment, Inc. - $11,439.82. E. Rental Rehabilitation Program - Darryl Cook - $5,000.00. F. Community Development Block Grant Program - Henry Haywood - $13,935.00. Darryl Cook - $11,930.00. FEC - $32,095.00. G. Inez T. Dean - Purchase of Lot 7, Nichols Second Addition - $38,500.00. H. Project & Interim Management Executives (PRIME) - Not to exceed $20,000.00. I. Ernst & Whinney - Auditing Services - $15,000 to $18,000. J. Congress Avenue Water Main Construction - Hardrives, Inc. - $28,615.00. -I7- 6/14/88 Ms. Horenburger moved to approve the Consent Agenda, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 35.1. Marilyn Carr, 2101 North Federal Highway, stated this evening the Commission approved the annexation of the Borton Volvo property. She read from Florida Statutes 171.044(5) "that land shall not be annexed through voluntary annexation when such annexation result in the creation of enclaves". It was stated that this annexation did not create an enclave and she feels that perhaps it needs a little more research as there is a strip of property, 100 feet by 500 feet, to the immediate north which is in the County. They share a border on the north side with a piece of property which was annexed into the City. If Borton Volvo is annexed, the 100 feet between them and the City parcel will be, in every definition, a true enclave. From what she under- stands, by State Statute, this is illegal and feels the Borton Volvo annexation is illegal. She stated she would ask that the City look further into the legality of the annexation. 36. Ms. Horenburger moved for approval of the minutes oft the Regular Meeting of May 24, 1988 and the Special Meeting of May 27, ~988, seconded by Mr. Weatherspoon. Ms. McCarty stated that in the minutes of the Special Meeting of May 27th regarding Albertsons it states that "Ms. Horenburger moved to reconsider this matter"; it was Ms. Brainerd who moved to reconsider the item, not Ms. Horenburger. Also, she feels that the substitute motion Ms. Horenburger made is not how she remembers it. She requested that the City Clerk to go back and listen to the tape to see how the motion was phrased. Ms. Horenburger made a substitute motion to approve the minutes of the Regular Meeting of May 24, 1988, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 37.a.1. Ms. Brainerd questioned if the City Manager has had any re- sponse back from staff with regard to using the Old Train Station for the Tri-County Rail facility. The City Manager advised he has not initially; however, the problem has not been so much from staff, but the backup across Atlantic Avenue and the fact that the developer of Congress Park has had an agreement with the DOT to locate the site there. Therefore, it is a private sector decision with the DOT at this point. Ms. Brainerd stated that was not her understanding on it, and she would still like the City Engineer to check into what the costs would be if they decided to work with the DOT to use the other train station. The City Manager stated under the circumstances they cannot get access onto Atlantic Avenue. Ms. Horenburger stated it was a major consideration a year ago that the trains would be too long and would block traffic flow on Atlantic Avenue. 37.a.2. Ms. Brainerd stated she was asked to check into the feasibility of increasing the number of beach volleyball courts. The City Manager stated that should have already been done. 37.a.3. Ms. McCarty stated that tonight she furnished the Commission a copy of an attendance form which is used by a County Board she is on. She questioned if they might be interested in having similar forms for their boards and have them attached to the minutes so that they can be apprised of the attendance records of the members. 37.a.4. Ms. McCarty stated she believes that Mr. Spencer Pompey will be stepping down from the Historic Preservation Board. She feels it would -18- 6/14/88 be in order to have a press release announcing that there will be a vacancy. The City Manager stated that when the City Clerk notifies his office that a vacancy exists then he will put in a press release. 37.a.5. Ms. McCarty stated that at this time last year they had the Board Annual Reports. She questioned if the Commission would like to do that again this year. The City Manager advised he will make a comment about this in his Manager's report. 37.a.6. Ms. Horenburger stated she would like to ask the City Manager and City Attorney about the fees they charge unincorporated water customers. At present they can charge them a 25% surcharge over and above City rates. They asked a while ago about this and were told that they would have to have justification to charge anything over the 25%. In light of the water crisis, and the fact that they are spending City taxpayers money to front the cost of the water cleanup, she would like them to review this to see if they can increase the surcharge. 37.a.7. Ms. Horenburger stated she would like to place the ~ase agreement for the Cason Cottage on Friday's agenda. ~ The City Attorney stated it has not been advertised yet and that is the hold up. The lease was drafted and there was a provision in it in accordance with what he believed to be the agreement by both parties; apparently that was not the case. The Code requires that they advertise the terms and conditions of the lease before the Commission votes on it and there was no advertisement done because it was question- able whether the terms and conditions were acceptable. Ms. Horenburger stated she would not have a problem with waiving the requirements at this point to move this along. The City Manager stated he was not aware of the advertising requirements and, in order to waive a provision, they have to also advertise that. The City Attorney advised if the notice can be published in the paper Thursday they could discuss this Friday. 37.a.8. Ms. Horenburger stated that Betsy Gerner was here tonight and they presented a proclamation honoring her work. She knows that they flew to California. for her to get the award and she would like to help defray the expense which was involved. Ms. Brainerd stated perhaps on a personal basis they could do something. 37.a.9. Mr. Weatherspoon stated he would like to thank Mr. Weldon and his staff for the work being done at pompey Park. They have improved it tremendously and he feels it will make the area first rate. 37.a.10. Ms. McCarty questioned when they can address the Sign Code. Ms. Horenburger questioned when they can discuss the occupa- tional license fees. The City Attorney advised that they are at a maximum, under the Statutes, for almost every single category. They could, however, split up the categories and establish fees. Following discussion, it was the consensus of the Commission to discuss the Sign Code at a workshop next Tuesday. 37.b. There were no Non-Agenda Items by the City Attorney. 37.c.1. The City Manager stated that tonight the Commission approved a contract with Project & Interim Management Executives. He introduced Frank Spence who will be working for the City. The City Manager stated he would like to ask the Commission to delay the Code Enforcement report. Mr. Spence would like to assist in -19- 6/14/88 the development of recommendations for the Code Enforcement program and, therefore, they are asking for a July workshop rather than this month. Mayor Campbell stated this is something they have been delaying for two years and they are most anxious to proceed. The City Manager stated that one of Mr. Spence's tasks is to look at the Boards which are operating now in the Development area, identify their base of authority and determine what, if any, discretion- ary policies they may be embarking upon. 37.c.2. The City Manager advised that Delray Beach was awarded $530,000 for the Old School Square and they will be having a formal ceremony to receive the check in the near future. Mayor Campbell declared the meeting adjourned at 10:20 P.M. 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 June 14, 1988, which minutes were formally approved and adopted by the City Commission on 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 been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -20- 6/14/88