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02-17-87SpMtg FEBRUARY 17, 1987 A Special 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 7:05 P.M., Tuesday, February 17, 1987. Roll call showed: Present - Commissioner Malcolm T. Bird Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. There was a moment of silence for Walter Roth, a former Mayor of Delray Beach, who passed away last week. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Considering Resolu- tion No. 6-87, regarding requesting that the Board of County Commis- sioners of Palm Beach County delay any further requests for rezoning of enclaves within the general boundaries of the City of Delray Beach until annexation process authorized by the Delray Beach Enclave Act is com- pleted (Commissioners Dougherty and Horenburger); (2) Considering Resolution No. 7-87, regarding the previously authorized $10.5 million Utility Tax Bond, Series 1987, to reauthorize same and to provide for modification of parity requirements upon retirement/maturity of other outstanding utility tax issues/certificates (City Attorney); and (3) Consideration of settlement proposal and authorization to execution Stipulation for settlement of State of Florida ex rel. City of Delray Beach vs. Gulfbrook, Inc. d/b/a Georgia Town Tavern (City Attorney). 1. Adoption of Resolution regarding requesting that the Board of County Commissioners of Palm Beach County delay any further requests for rezoning of enclaves with.in the general boundaries of the City of Delray Beach until annexation process authorized by the Delra¥ Beach Enclave Act is completed. The caption of Resolution No. 6-87 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, DELAY ANY FURTHER REQUESTS FOR REZONING OF ENCLAVES OR COUNTY POCKETS WITHIN THE GENERAL BOUNDARIES OF THE CITY OF DELRAY BEACH, FLORIDA, UNTIL THE CITY OF DELRAY BEACH HAS COMPLETED THE ANNEXATION PROCESS AS PROVIDED FOR IN THE DELRAY BEACH ENCLAVE ACT (CHAPTER 86-427, LAWS OF FLORI- DA); AND CREATING A TASK FORCE TO REVIEW PROBLEM AREAS; PROVIDING FOR DIRECTION TO THE CITY ATTORNEY'S AND CITY MANAGER'S OFFICES; PROVIDING FOR COPIES; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 6-87 is on file in the official Resolu- tion Book) Mr. Bird moved for the adoption of Resolution No. 6-87, second- ed by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 2. Adoption of Resolution resardin~ the previously authorized $10.5 million Utility Tax Bond, Series 1987, to reauthorize same and to provide for modification of parity requirements upon retirement/maturity of other outstanding utility tax issues/certificates. The caption of Resolution No. 7-87 is as follows: A RESOLUTION AMENDING AND SUPPLEMENTING A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,500,000 UTILITIES TAX REVENUE BONDS, SERIES 1987, OF THE CITY OF DELRAY BEACH, FLORIDA, TO FINANCE THE COST OF THE LAND- SCAPING, IRRIGATION, PLANTING AND CURBING OF ROADWAYS, ACQUISITION OF LAND FOR A COUNTY COURTHOUSE, CONSTRUCTION OF DRAINAGE ADDITIONS, EXTENSIONS AND IMPROVEMENTS, ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO FIREFIGHTING FACILITIES AND EQUIPMENT AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY HALL; PROVIDING FOR THE TERMS OF SAID UTILITIES TAX REVENUE BONDS, SERIES 1987, AND THE RIGHTS AND SECURITY OF THE OWNERS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 7-87 is on file in the official Resolu- tion Book) The City Attorney read the caption of the Resolution. Mr. Bird moved for the adoption of Resolution No. 7-87, second- ed by Mr. Dougherty. Mr. Dougherty stated he felt it would be well to include in the bond issue and the capital improvement program some initial preliminary funds to get the Elementary School property underway. He believed the Commission had talked about something on the order of $50,000. He would recommend that the resolution and the document be so modified to allow for the preparation of preliminary engineering and reports for the Elementary School property. The caption could be amended to read "providing for certain planning studies and reports"; as a matter of fact that could be applicable to other items. Mr. Bird asked the City Attorney if it would be possible to construct into the current language that construction, additions, extensions and improvements of City Hall, talking about City uses and quasi-City uses, if this could be included under that generality. The City Attorney advised that arguably it could be included in the projects definition in the Official Statement. He would prefer to make that construction as opposed to modifying the language because the validation hearing is in eight days and that complaint with those attachments is already filed; he felt it might jeopardize the hearing date. What the Commission would be doing would be expressing their legislative intent that in the section of the resolution dealing with the projects that the money is to be spent on, that their interpretation of that is the expansion to City Hall would include the necessary studies to see what functions would remain here and what would be moved to other facilities. Mr. Weatherspoon advised that as he recalls from previous discussion there was agreement that when and if we decided to do studies it could be taken from capital contingency. Mayor Campbell stated they were giving themselves alternate opportunity in the future should we so decide. There should be no problem. Mr. Weatherspoon pointed out that we may not do it, for whatever reason, and if we do it this way we've tied it in; if we decide not to do it, at least the money is still in capital surplus. The City Attorney recommended that if the Commission wanted to be even more specific they should adopt the resolution and amend the definition of improvements on Page 8 to include in Subsection (v) the phrase "including space and engineering studies". Mr. Bird amended his motion as advised by the City Attorney, Mr. Dougherty amended his second. Upon roll call the Commission voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; -2- 2/17/87 Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 3. The City Attorney reported that late this afternoon he was able to discuss the subject with Attorney Sales; he was authorized by his client to settle the lawsuit under the terms and conditions set forth in this stipulation, with one change which the City would include, to prohibit the leasing of the 4 COP license as well as the sale of; in return the City would purchase the real property, not contents but the building, structure and land for $48,000. The City Attorney reported there has been some discussion with the CRA and Mr. Simback would be willing to recommend to the CRA, and he believes they would be willing to accept, a participation in the settlement to the extent that they would reimburse the City up to $35,000 of that amount. The City Attor- ney advised that if the City were to litigate this case to conclusion, including appeals, he believed it would cost in excess of $10,000. Ken Simback stated this was discussed informally with the Board last week and reiterated the City Attorney's remarks with regard to participation. They have not had the opportunity to review the condi- tions of sale and contract itself, but they would be willing to do so at their Board meeting next week. Mrs. Horenburger moved to consider the settlement proposal, authorize the executed stipulation for the settlement and accept the offer for sale, subject to the CRA's decision to participate in the amount of $35,000, seconded by Mr. Dougherty. Upon roll call the Commission voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Upon question by Mr. Dougherty, the City Attorney advised that he did not see any impediments to the City entering into this agreement to purchase; to the extent the land would then be used for a public purpose it is a proper expenditure of public funds under the Public Purpose Test. The property has been appraised for well in excess of that figure; however, he disputes the appraisal. The appraised value, even for tax purposes, was almost $48,000. Upon further question the City Attorney stated that a memo from the Police Department indicated that despite the assurances or statements that had been publicly made the number, at least of the responses made to the site, had increased not decreased since October; his recollection is 40 some percent more. Mr. Bird stated he felt the problem is we keep focusing on the building instead of the problem; the reality of the issue is the people who have been causing the problems are not going to go away no matter who owns this particular piece of property, nor are they going to be better behaved. The real issue is in what manner is the City going to impose our obligation to the citizenry to protect the general welfare and safety of the residents. Mr. Bird advised he believed those people who are predisposed to drinking will just go to another location to drink. Certainly one of the options open is to control the dispensing of beverages for consumption on the premises. The Commission has not even addressed the ordinances which would perhaps bring this problem to an end. Mr. Bird stated he would also like to know when the CRA be- lieves they can repay the $35,000; the CRA is now going to pay for a lot more than he believes they will have money for in his lifetime, and perhaps some of his colleagues. The parcel does not have value; it is not a corner of a missing link in an overall development which might ultimately provide the CRA funds. Mrs. Horenburger stated she believed they have made a commit- ment to the community to shut down a spot that is a nuisance and this is a way to close it down once and for all; it is costing the City a lot of money just policing this establishment. Mr. Weatherspoon advised he agreed with Mr. Bird's remarks and believed the patrons of the Georgia Town Tavern will just move on to -3- 2/17/87 other bars in the area. The Commission has not really tried to put in place some procedures to address the real problem and if the City thinks that buying the property will solve the problem, they are fooling themselves. Discussion followed on the definition of a bottle club. The City Attorney advised there is an ordinance addressing this issue in draft stage. Mayor Campbell advised he would support the motion; he believes the value of the land is going to be significantly enhanced in the future. More importantly, he believes that a strong message should be sent, i.e., we are going to finally do something about one of the most serious problems affecting all of Delray Beach. It may not be the final answer, but he felt it was a beginning. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 7:45 P.M. ATTEST: MAYOR 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 February 17, 1987, which minutes were formal- ly approved and adopted by the City Commission on City 'Clerk 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. -4- 2/17/87