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05-10-88 MAY 10, 1988 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 7:06 P.M., Tuesday, May 10, 1988. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Commissioner Weatherspoon. 3. ~ Pledge of Allegiance to the flag of the United States of America w~ iven. 4. MCA or Campbell presented a proclamation proclaiming May 8-14, 1988, as "SCORE Small Business Week". Robert Morrison, SCORE, came forward to accept the proclamation and advised that they will be having a business seminar on May 26th, between 6:00 P.M. and 9:00 P.M., at the Town Center Mall and everyone Ls welcome to attend. 4oa. J~y Slavin, Human Relations Committee, stated the Committee is very proud to present a folder called "When In Need" A Directory of Delray Service Agencies. It is very informative and wil± soon be distributed to all the prominent places in the City. She thanked the Commission for allotting them the money to print this f~lder. 5. Mr. Weatherspoon requested that Items 16 and 27.A. be removed from the Consent Agenda and added to the end of the Regular Agenda. Mr. Weatherspoon moved to approve the agenda, as modified, 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. PUBLIC HEARINGS 6. Ordinance No. 19-88. Ordinance No. 19-88, amending the Land Use Plan designation for 2.7 acres north of Holiday Inn Camino Real, 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 City Manager presented Ordinance No. 19-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, LOCATED NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED ~ASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS AVENUE, FROM MF-15 (MULTIPLE FAMILY - 15 UNITS/ACRE), IN PART, AND P (PUBLIC), IN PART, TO C (COMMERCIAL); AMENDING THE LAND USE PLAN; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 19-88 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. Elizabeth Matthews, representing the Beach Property Owners' Association, stated that the people who are affected very seriously by this want some input into the site plan, which they find highly unsatis- factory. When they propose a different approach to the site plan, the land use change will not be valid. Mayor Campbell stated if they end up making an adjustment to the plan as to the exact location, and if the fire station were to remain on the existing property, he does not feel it would make any difference. The City Manager advised this item allows the hotel to expand, it does not deal with the location of the fire station. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 19-88 on Second and FINAL Reading, 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. 7. Ordinance No. 29-88. Ordinance No. 29-88, amending the Land Use Plan designation for the IandiMarino property, located on Lindell Boulevard between Federal Highway and Dixie Boulevard, is before the Commission for consideration for First Reading and First Public Hearing. If passed, Second and FINAL Reading will be held May 24th. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 29-88~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, FROM MF-10 (MULTIPLE FAMILY - 10 UNITS/ACRE) TO C (COMMER- CIAL); SAID LAND IS LOCATED ON THE NORTH SIDE OF LINDELL BOULEVARD, BETWEEN FEDERAL HIGHWAY AND DIXIE HIGHWAY; AMENDING THE LAND USE PLAN; 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. Mr. Weatherspoon moved for the adoption of Ordinance No. 29-88 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. Weaaherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. McCarty stated this is four separate parcels which are under one owner and she questioned if they are going to ask him to make it one parcel. David Kovacs, Planning Director, stated they do not have to, unless they want to make an expression of their own concern that when the subsequent zoning comes they would expect it to be one parcel. -2- 5/10/88 Upon question by Mr. Weatherspoon, Mr. Kovacs advised there is a zoning running concurrently with this; however, it was retained at the Planning and Zoning Board meeting while they continue their discussions with the applicant regarding the issue Ms. McCarty brought up. At this point the roll was called to the motion. REGULAR AGENDA 8. Ordinance No. 21-88. Ordinance No. 21-88, rezoning land presently zoned RM-15 to LC and CF in order to accommodate expansion of the Holiday Inn property and provide for additional beach side parking, is before the Commission for consideration on First Reading. If passed, Public hearing will be held May 24th. Mayor Campbell stated that because of the ambiguity in the exact location of the fire station, these ordinances have been recom- mended to be continued until they have a consensus as to where the beach parking, hotel extension and fire station will be. The City Manager advised the Commission has been furnished a memorandum from Mr. Kovacs offering a scenario for them to follow should they accept the site plan. Elizabeth Matthews stated there is no way they can proceed with the zoning until they make a decision on the location of the various elements. The people who are intimately concerned have a plan they want to present to the Commission. Leo Blair, 1152 Lowry Street, stated the way the Commission has the site now it is overloaded. He stated he was a Fire Commissioner in Palm Beach County for 27 years and feels he has the right to speak as a professional. He stated they should keep the fire station to a sensible size, remove the existing building, put it closer to Andrews Avenue, make it a little wider and put the living quarters upstairs. He stated there is a ten foot setback in front of the Grove House and, if they are going to have tennis courts upstairs in the hotel, they are going to need at least a 20 or 30 foot setback which can be heavily landscaped. Phyllis Plume, Planning and Zoning Board, stated one of her major priorities has been additional parking on the beach. However, the site plan shows a trade off of 26 spaces for 26. This, to her, is not a very good deal as they need more parking. Ray Ashmore, representing the Manor House, stated they feel very strongly the sentiments presented by Mrs. Matthews and Mr. Blair. They have spent a lot of time trying to work this out and feel they have a solution to the problem, if Ocean Properties and the Commission will listen to them. Spence Carroll, 122 Andrews Avenue, stated he, Mr. Blair, and others have spent the day actively trying to find a solution to this. They only saw the site plan this morning and he suggested the Commission postpone this for a few days to get a little more input. Elizabeth Matthews stated that they are suggesting a zoning of LC; however, they have not offered what their method of dealing with this is. They are looking for a way to protect the property in case it doesn't work. Upon question, Chief Koen outlined how the decision was arrived at to propose reconstruction and relocation of the existing fire sta- tion. The City Manager stated the Commission may want to give them- selves some time and, at the same time, begin to move forward so that they maintain the option by adopting these ordinances, as modified, on first reading. Upon question, the City Attorney advised that if they totally change the scenario and location they could vote "no" on the ordinances on May 24th and start on first reading that evening. Even if they -3- 5/10/88 totally get rid of the site plan they would delay it only two weeks; if they do nothing this evening, they have until May z4th and they would have a second reading. Mayor Campbell clarified that the City Attorney and City Manager are suggesting approval of Ordinance Nos. 21-88 and 22-88, with the understanding that either site plan adjustments would not be pre- cluded at this time and they would not set anything back. Mayor Camp- bell suggested that in the very short interim, either by a special meeting or by next Tuesday, they can thoroughly investigate and maybe workshop it and approve a site plan. Mrs. Horenburger stated it is difficult to condition zoning; however, with the concerns raised about the limited commercial zoning, she questioned if it is possible to somehow condition this zoning until they develop a category, such as hotel and ancillary uses. Mr. Kovacs stated that on May 23rd the Planning and Zoning Board should have before them a commercial tourist related district, which is confined to hotel, restaurant and tourism type of uses. Hopefully, within two or three months they will have such a zoning district and they could initiate a zoning on the property and zone the hotel to that use. Also, with the City owning some property within the site and 40% of the hotel's property being in Community Facilities, they are not going to do anything different until the land exchange agreement is consummated. Therefore, he feels all the safeguards are there and it is not a concern. The City Manager presented Ordinance No. 21-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN LC (LIMITED COMMERCIAL) 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 NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NQ. A1A AND ANDREWS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager advised that the City Clerk is furnishing the Commission with copies of revised Ordinance Nos. 21-88 and 22-88 which have the accurate legal description. Ms. Brainerd moved for the adoption of Ordinance No. 21-88 on First Reading, 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. 9. Ordinance No. 22-88. Ordinance No. 22-88, a companion ordi- nance to Ordinance No. 21-88, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 24th. The City Manager presented Ordinance No. 22-88: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (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 NORTH OF EAST ATLANTIC AVENUE AND SOUTH OF LOWRY STREET, IF EXTENDED EASTWARD, BETWEEN STATE ROAD NO. A1A AND ANDREWS AVENUE, AND AMENDING "ZONING MAP OF DELRA~ BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -4- 5/10/88 The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 22-88 on First Reading, 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. 10. City Sponsorship of the 1988 Continental Players Cup for Junior Women's Tennis Players. The Commission is to consider City sponsorship in the amount of $15,000 for the 1988 Continental Players Cup for Junior Women's Tennis Players from December 11 through 17, 1988, at Gleneagles Country Club. Glenn Feldman, President, International Tennis Promotions, Inc., stated that he sFoke with representatives of the Gleneagles Country Club who are interested in staging the event at their facility this year. However, when the City's new tennis facility is built it would move there, if the Commission would like it, on a permanent basis. He stated that the Commission has been furnished a package about the event and he briefly outlined the program. Upon question by Ms. McCarty, Mr. Feldman stated when he made the proposal to the City Manager, the Parks and Recreation Director and the people at Gleneagles, he gave them the option of either taking the Sunshine Cup or the Continental Players Cup. Since Steffi Graf is joint pro at Gleneagles, they preferred to have the Continental Players Cup. It was also the consensus of the City officials that they would prefer to work with the girls tournament rather than the boys tournament. Ms. McCarty stated one of the strong points in endorsing the tournament last year was the direct economic benefit the City could get over building the tournament up as it was at Lavers which is in the City limits; Gleneagles is in the County. She questioned what happened to Lavers. Mr. Feldman stated that Lavers is having some financial prob- lems right now and there is some confusion over their status. He felt that the tournament would be better run at Gleneagles. Upon question by Ms. McCarty, Mr. Feldman stated they will also be asking the County for contributions. He is asking for $15,000 from the City and also that they assist him getting touch with people in the community to help raise money. Mr. Weatherspoon stated that last year they funded the tourna- ment through the Parks and Recreation budget. If they do sponsor the tournament this year, it will be coming out of this years budget and they may consider creating a special fund for this through Parks and Recreation. However, he would hate to say they will give them $15,000 and then at budget time find there are other things which have greater priority. The City Manager stated staff's recommendation is to support the proposal and he will include it in the budget process. However, it is conceivable that other priorities would get in the way of this. Mayor Campbell stated that what they need at this time is a consensus to agree that in the preliminary budget, which is being pre- pared, that they will allocate the funds, understanding that anything can happen in the budgetary process. Upon question, Mayor Campbell clarified that by endorsing the tournament they would be willing to speak on its behalf when Interna- tional Tennis Promotions, Inc. are out raising money. Following discussion, it was the consensus of the Commission to go with $10,000 for sponsoring the tournament. Ms. Horenburger left the Commission Chambers at this time. -5- 5/10/88 11. Conditional Use (CU 6-161) and Site Plan Approval - St. Mary's The ..... Virgin Church. The Commission is to consider a request for a conditional use permit and site plan approval for St. Mary's The Virgin Church, located at the southeast corner of Atlantic Avenue and Homewood Boulevard. Approval is recommended. Mayor Campbell stated there are three issues which need to be considered in addition to the conditional use request: the sidewalk issue, the waiver of platting requirement until after the permit is pulled and whether or not they are going to burden the applicant with a traffic study. The City Manager advised that they have determined that the traffic statement is adequate and they do not need a full study. Mayor Campbell stated that staff's recommendation is to keep the sidewalk and he questioned if the applicant has any problem with that. Digby Bridges, representing the applicant, stated that he would like to make a change to that. It is in the City's long term five year plan to put the sidewalk in and they would like to propose that the Church will pay for the sidewalk when the City does the whole thing. Upon question by Mayor Campbell, the City Attorney advised that from other developers they require that they post a bond, have a letter of credit or a passbook account. Ms. Horenburger returned to the Commission Chambers at this time. Mayor Campbell suggested that they require only the posting of a bond, which need only be done at the time the C.O. is issued; then, if they feel that the Church cannot support a bond, they will readdress the equitable issue at that time. Therefore, they will need a motion to approve the conditional use and site plan, requiring that the sidewalk improvement be posted as a bond at the time of issuance of C.O., that they do not require a full traffic study but merely a statement and that platting be only required after the building permit is issued. Ms. Horenburger moved for approval as outlined by Mayor Campbell, 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. 12. Request for Waiver and Approval of Relocation of Office Service Center - Sunbelt-Denntronics Cable. The Commission is to consider a request for a waiver of Chapter 10, Section 10-8(c) of the Municipal Code to allow the firm to operate its office outside the City limits. Approval is recommended. Ms. Horenburger moved to direct staff to advertise either the waiver or ordinance modification for public hearing, 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: Upon question by Ms. Brainerd as to whether or not they are going to go ahead with the conditional waiver regarding the voluntary annexation and upon question by Mayor Campbell as to whether or not they are going to try and get an annexation agreement at the time contiguity is achieved, the City Attorney advised they are going to go for a voluntary annexation agreement now, with the condition that once they become contiguous it would be considered to be such. At this point the roll was called to the motion. -6- 5/10/88 13. Appointment of Two Alternate Members to the Historic Preserva- tion Board. The Commission is to consider the appointment of two alternate members to the Historic Preservation Board. The City Manager stated when the Board was created it was formed with a seven member composition and no alternates were included. They are requesting that additional flexibility be given in the event of absences or other inabilities of members to attend and would prevent them from having a quorum. Staff has some concerns about beginning this practice with large boards; however, this is a policy question for the Commission. Pat Healy, Historic Preservation Board, stated it is not really a problem getting people to meet, they need the additional help. She feels that two additional members would be an asset because of the scope of the preservation movement right now. Ms. Horenburger stated she feels that expanding the Board may not decrease the work load and that perhaps what they need is a key person or staff help. She would like to look at this more appropriate- ly. The City Manager stated there is an item on the agenda tonight which creates the Development Services Group and this .is the area which will provide the staff liaison to boards such as the Historic Preserva- tion Board and Old School Square. Ms. Brainerd moved to direct staff to amend the Ordinance, seconded by Mr. Weatherspoon. Ms. Horenburger stated she will vote against the motion, not because she is not in support of the Board, but she does not feel they need to be expanded. Virginia Snyder, member of the Old School Square Historic District Property Owners' Association, stated she is concerned about the need for a quorum on the Board, but is not in favor of alternates on any board as they do not have the full commitment. She q~estioned if they could expand the Board by two full time members instead of alternates. She stated the Association would also like to have someone from the Old School Square Historic District on the Board. They are committed to improving and supporting the Preservation Board's efforts. Ms. Horenburger made a substitute motion that they create a nine member Board. Said motion failed for lack of a second. The City Manager suggested that the Commission wait two or three weeks and he will come up with a staff recommendation. It may accomplish several things they have talked about. Ms. Horenburger made a substitute motion that they postpone this item until such time as the City Manager makes a recommendation, 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. 14. Appointment of Member to the Planning and Zoning Board. The ~0mmission is to consider the appointment of a member to the Planning and Zoning Board to fill an unexpired term ending September 28, 1988. The following applications were received: Samuel M. DeOto, 518 Rye Lane Helene Safran Egelman, 2437 N.W. 9th Street Edith Jennings, 3015 Sherwood Boulevard James Lamar Shuler, 606 West Atlantic Avenue Ms. Horenburger moved to appoint James Shuler to the Planning and Zoning Board to the unexpired term ending September 28, 1988, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; -7- 5/10/88 Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Implementation of Reorqanization Plan - Development Services Group. The Commission is to consider implementation of a Reorganization Plan - Development Services Group. The City Manager stated this is the second step in the three step organization plan they have discussed. Previously, the Commission adopted the Management Services Group. This group of departments would combine management of the departments most directly involved in develop- ment, redevelopment, maintenance and growth management. Presently the functions of Planning, Engineering, Building Inspection, Code Enforce- ment and Community Development Block Grant are involved. He proposes a scheme which has an Engineering Department, Planning Department and' Community Improvement Department; within Community Improvement would be the functions of Code Enforcement, CDBG and Building Inspection. The position of Director of Development is presently vacant and he is proposing to elevate this to an Assistant City Manager level position and advertise nationally. In the interim, he would propose to hire a management firm to come in and manage the Development Services Group. Upon question by Ms. McCarty as to where they will get the money, the City Manager advised the money is in the budget now from salary savings. Ms. Brainerd moved to approve implementation of the Development Services Group, seconded by Ms. Horenburger. 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. 16. Change Order No. 1 - Jasmine Drive and Cypress Drive Drainage Pro~ect. The Commission is to consider approval of Change Order No. 1, in the amount of $12,079.99 to Malloy Brothers for work on the Jasmine Drive and Cypress Drive drainage project. Mr. Weatherspoon stated that after reading the_ backup material he got the impression that the work was already done. He feels that as a matter of policy the problem should have been brought before the Commission first regarding cost and then the work should have been done. The City Manager advised that change orders will not be done retrospectively in the future. Mr. Weatherspoon moved to approve Change Order No. i, 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. 27.A. Award of Bids and Contracts. The Commission is to consider purchase of Lot 6, Nichols Second Addition, from Paul and Anita Bell in the amount of $60,000. Mr. Weatherspoon stated he noticed that the appraisal was $55,000 and the owner is asking for $60,000, plus the City will pay the closing costs. He questioned what the closing costs will come to. Assistant City Attorney Kurtz advised the closing costs will include a $500 moving expense which the Commission authorized and will run in the neighborhood of $1,500 to $2,000. The Commission directed him and Mr. Vance's firm to start off with the appraised value at the beginning of negotiating sessions; they were not to pay less. Mr. Weatherspoon moved to approve purchase of Lot 6, Nichols Second Addition, in the amount of $60,000 from Paul and Anita Bell, 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. -8- 5/10/8s CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 17. Retention of Law Firm of Hornsby and Whisenand. The Commission is to consider the retention of the law firm of Hornsby and Whisenand, in the amount of $4,000, to prepare an opinion on the desegregation of the City's public schools. Approval is recommended. 18. Appointment of One Member to the Civil Service Board. The Commission is to consider the reappointment of Leo Kierstein to the Civil Service Board for a two year term ending April 1, 1990. Approval is recommended. 19. Appointment of One Member to the Police and Fire Pension Board of Trustees. The Commission is to consider the reappointment of John Tranter to the Police and Fire Pension Board of Trustees for a three year term ending April 22, 1991. Approval is recommended. 20. 1988 All-American Soap Box Derby. The Commission is to consid- er approval of use of the Linton Boulevard Bridge for holding the 6th Annual Goldcoast All-American Soap Box Derby. Dates needed for closure of the bridge are: Sunday, June 19th - 7:00 A.M. - 5:00 P.M. Practice Date. Saturday, June 25th - 7:00 A.M. - 5:00 P.M. Race Date. Sunday, June 26th - 7:00 A.M. - 5:00 P.M. Rain Date. 21. Resolution No. 26-88. Resolution No. 26-88, assessing costs for abatement action required to remove an unsafe building on property at 613 N.W. 2nd Street, is before the Commission for consideration. The caption of Resolution No. 26-88 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. 26-88 is on file in the official Resolution Book) 22. Resolution No. 27-88. Resolution No. 27-88, assessing costs for abatement action required to remove an unsafe building on property at 206 S.W. 2nd Avenue, is before the Commission or consideration. The caption of Resolution No. 27-88 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. 27-88 is on file in the official Resolution Book) -9- 5/10/88 23. Resolution No. 28-88. Resolution No. 28-88, assessing costs for abatement action required to remove an unsafe building on property at 126-128 S.W. 12th Avenue, is before the Commission for consideration. The caption of Resolution No. 28-88 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. 28-88 is on file in the official Resolution Book) 24. Resolution No. 29-88. Resolution No. 29-88, assessing costs for abating nuisances on 38 parcels of property at various locations throughout the City, is before the Commission for consideration. The caption of Resolution No. 29-88 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN 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 ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 29-88 is on file in the official Resolution Book) 25. Ratification of SCRWTD ~Board Approval - Installation of Air- scrubber System. The Commission is to consider ratification of SCRWTD Board approval of $11,245.50 to Q & Q, Inc., for installation of the airscrubber system at the Regional Wastewater Treatment Plant. Approval is recommended. 26. Ratification of SCRWTD Board Approval - Professional Engineer- in~ Services - Hazen and Sawyer. The Commission is to consider approval of invoice number 5, in the amount of $11,787.11 to Hazen and Sawyer Engineers for professional engineering services in conjunction with the odor control facility at the Regional Wastewater Treatment Plant. Approval is recommended. 27. Awards of Bids and Contracts. The Commission is to consider award of the following bids and contracts: B. State Contract - 1988 Dodge Diplomat - $10,787.00. C. Vinings Chemical Company - Sodium Aluminate - $121,410.00. D. Trans-Fla Supply Company - $6,196.00. Southeastern Municipal Supply Company - $12,171.00. Sunstate Meter & Supply - $11,050.00. -10- 5/10/88 Ms. Horenburger moved to approve the Consent Agenda, 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. PROCEDURAL ITEMS 28.1. Lillian Feldman questioned the status of the beautification of Linton Boulevard. Mayor Campbell stated that if she asks him after the meeting, he will bring her up to date. 28.2. Mrs. Feldman questioned if it is possible to have a notice' posted on the board in the lobby as to what time the Beautification Trust Meetings are. 28.3. Mrs. Feldman questioned if they could possibly have brighter lights on Homewood Boulevard. Mayor Campbell stated he will have the City Manager look into the question of brighter lights throughout the City as he has had several requests made in this regard as to cost. 28.4. Frank Wheat, Chairman of the Annual Installation Banquet for the Chamber of Commerce, stated he would like to verbally inform the Commission that the banquet will be held at Gleneagles Country Club on June 2nd and they would like them to participate. 28.5. Margaret Ehrmann, Tropic Palms Homeowners' Association, stated it is her understanding that the Commission has approved monies in the Capital Budget for drainage improvements and sidewalks for Tropic Palms Subdivision and she would like to express' her appreciation. Anything which can be done to escalate the time frame for completion of these improvements would be greatly appreciated. 28.6. Alice Finst, 707 Place Tavant, stated that the_City bought the Cason Cottage in 1987 for $194,000 and it has been sitting vacant since then. Squatters have been living in it and it is a disastrous situa- tion. She would like to see something done. 28.7. Mrs. Finst stated that she called the Code Compliance Office concerning a matter her Homeowners' Association felt needed to be taken care of and was informed that she could have the matter scheduled on the Code Board for July 26th. She understands that the process can take approximately two months from the time someone is cited to when it gets to the Code Board. She feels something needs to be done so that they do not have the delay time and requested that they place this on workshop or do whatever they have to do to resolve the situation. 29. Ms. Horenburger moved for approval of the minutes of the Special Meeting of April 29, 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. 30.a.1. Ms. McCarty stated that in the Manager's Report he brought up ~he fact that perhaps they may want to talk about the possibility of having a designated workshop once a month. Mayor Campbell stated that rather than meet on Tuesday nights he would conditionally ask that they hold open alternate Fridays - perhaps the Friday following the Regular Meetings. Following discussion, it was the consensus of the Commission to hold workshop meetings on the 4th Friday of the month, with a two hour limitation, from 4:00 P.M. to 6:00 P.M. 30.a.2. Ms. McCarty stated also in the Manager's Report there was reference to the Golf Course restrooms and sprucing them up dramatical- ly. She questioned when this would happen. -11- 5/10/88 The City Manager stated that, given their purchasing proce- dures, he would guess that the work would start in 30 days. There is a balance in the Golf Course Account from which funding is available. 30.a.3. Ms. McCarty stated there was a special sign program put togeth- er and promoted by some citizens, but primarily the CAB took a hold of it. She questioned the status of the program. The City Attorney advised it is part of a package of six or seven items which will be coming before the Commission on May 24th. 30.a.4. Ms. Horenburger stated, with regard to Mrs. Finst's comments, that she would like to workshop the Code Enforcement problems. She would also like the City Attorney look into areas where they have automatic fines for minor issues. 30.a.5. Ms. Horenburger stated that at S.E. 1st Street and S.E. 6th Avenue there are two large poles and a metal box to regulate the traffic signal and an abandoned area on the south side which used to be a boat display area. People are parking in there and when they do it blocks the view and causes accidents. She feels they need to do something about the metal box and/or the parking. 30.a.6. Ms. Horenburger stated that the County was having a meeting with the owners of the scrub property. The last she heard, the County was stating they did not have the money to purchase the property this year and this could be a problem for the City. The City Manager stated that the property owner was receptive to receiving 50% now and 50% later, the City's 50% being first. The County would then pay their 50% with interest. 30.a.7. Ms. Horenburger stated she was not present for the Atlantic Avenue Bridge meeting; however, she has received numerous calls from people who are angry about the timing. There was a question if the timing could be earlier or if they could ask DOT to do it on an emer- gency basis. The City Manager stated he is trying to get them to show the video to the downtown merchants. 30.a.8. Mr. Weatherspoon questioned the status of the 4th GAC filter unit. The City Manager stated the water quality is excellent on the GAC units they have in place; however, they are still negotiating with the property owner to get an easement for the 4th unit. May 23rd or 24th is the new target date to have it on line. The City Attorney stated they have had some problem with FP&L regarding the easement. The most recent discussion is that they will do a license agreement, but the City is still waiting to receive it. Upon question by Mr. Weatherspoon, the City Attorney stated the water which comes through the filters now is without trace of any of the contaminants. The contamination itself is not getting better. 30.b. There were no Non-Agenda Items by the City Attorney. 30.c.1. The City Manager furnished the Commission with a questionnaire for eacL of them to fill out and mail to the County's new inter- governmental coordinator. ' 30.c.2. The City Manager stated he received a request from Charlotte Durante requesting City sponsorship of five students and one advisor to participate in a National Leadership Conference for future business students at Atlantic High School. They may want to do a joint partici- pation with Boynton Beach or any sponsorship they may wish to partici- pate in could be on the basis that the students selected might earn their sponsorship with the summer program or some other part time position with the City. -12- 5/10/88 RoseAnn Papaya, teacher/advisor at Atlantic High for FBLA, stated she is sure they can work out something with the students where they have a work program. Paulette Ross, a student from Atlantic High stated what they are asking for is approximately $500 for each of the five students and the advisor. They have already raised $245, but need the money for the plane fare. Mayor Campbell suggested they allow the City Manager to pay the amount, but that they do verify that they have made a concerted effort to raise as much money as possible. Ms. Brainerd stated she would like to see some of the other options explored, such as Boynton Beach paying for three and the City paying for three. The City Manager advised he will be seeing the City Manager of Boynton Beach tomorrow and will mention it to him. Upon question, the Assistant City Manager advised there is $1,200 left in the City Manager's Contingency Account. The City Manager stated if Boynton Beach can come up with $1,500, Delray Beach will come up with $1,500. 30.c.3. The City Manager stated, with regard to landlord permits, that the actual mechanics did not get implemented until fairly recently and there is no provision for pro-rating the amount of the fee. Some people have previously paid, up front and in full; therefore, if the Commission is receptive to a pro-rating between now and October let, would they also be receptive to a refund of amounts of monies which have been paid. Mayor Campbell stated that, administratively, they do not want to create an undue burden, however, philosophically, whatever the City Manager may recommend is all right. He suggested that they handle this on a quarterly basis, rather than on a daily basis. The City Manager stated if he can get a consensus, he will work something out and come back with a proposal. _ Ms. Horenburger stated there is some pending legislation they should look at with regard to occupational licenses and fees. They talked about visiting this six months ago, however, they never did. She feels they need to workshop this as it is not equitable the way it is established now. Mayor Campbell declared the meeting adjourned at 9:23 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 May 10, 1988, which minutes were formally approved and adopted by the City Commission on~'~ ~ F~;; . City Clerk -13- 5/10/88 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. -14- 5/10/88