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05-26-87 MAY 26, 1987 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 7:05 P.M., Tuesday, May 26, 1987. 1. Roll call showed: Present - Commissioner Richard J. Dougherty Commissioner Marie Horenburger Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell read and presented a proclamation proclaiming the week beginning June 7, 1987, as "National Safe Boating Week in Delray Beach". Art King, Commander of Flotilla 54, and Bob Harns, Vice-Captain of the 5th Division of the Coast Guard Auxiliary, came forward to accept the proclamation. 5. Mayor Campbell requested that Item 26 be deleted from the Regular Agenda as the applicant would like it delayed. Mr. Dougherty requested that Item Nos. 12, 14, 15, 17 and 18 be removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger requested that Item 20 be removed from the Consent Agenda and placed on the Regular Agenda. Mrs. Horenburger moved to approve the agenda, as modified, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 6. Ordinance No. 44-87 - Amending Zoning Code - Definition of Frontage. Ordinance No. 44-87, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of frontage, 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. 44-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS", BY AMENDING SUBSECTION (41), "FRONTAGE", TO ADD "EXCEPT FOR PROPERTY LINES WHICH ABUT A MAJOR OR MINOR THOROUGHFARE, IN WHICH CASE THE MAJOR AND/OR MINOR THOROUGHFARE LOT LINE, OR LINES, SHALL BE DEEMED THE FRONTAGE"; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 44-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 44-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7. Ordinance No. 45-87 - Amending Code - Pensions for General Employees. Ordinance No. 45-87, amending Chapter 12 "Pensions and Retirement" of the Code of Ordinances to provide for the optional participation of department heads in the City Pension Plan, 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. 45-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE IV, "PENSIONS FOR GENERAL EMPLOY- EES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-79, "ELIGIBILITY; PARTICIPATION", AND SECTION 18-80, "SERVICE", TO PROVIDE FOR THE OPTIONAL PARTICIPATION OF DEPARTMENT HEADS IN THE PLAN AND TO PROHIBIT A DEPARTMENT HEAD FROM RECEIVING RETIREMENT BENEFITS WHILE ACTIVELY EMPLOYED BY THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 45-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 45-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 8. Ordinance No. 46-87 - Amending Code - Pensions for Police and Firemen. Ordinance No. 46-87, amending Chapter 18 "Pensions and Retire- ment'' of the Code of Ordinances to provide for the optional participa- tion of the Police Chief and Fire Chief in the Police and Firefighter Employees Pension Plan, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 46-87: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE III, "PENSIONS FOR POLICE AND FIREMEN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 18-46(6), "EMPLOYEE", AND SECTION 18-48(7), "VESTING", TO PROVIDE FOR THE OPTIONAL PARTICIPATION OF THE POLICE CHIEF AND FIRE CHIEF IN THE SYSTEM AND TO PROHIBIT A POLICE CHIEF OR FIRE CHIEF FROM RECEIVING RETIREMENT BENEFITS WHILE ACTIVELY EMPLOYED BY THE CITY; AMENDING SECTION 18-51(1), "ADMIN- ISTRATION", TO PROVIDE FOR A DESIGNEE TO SERVE ON THE BOARD OF TRUSTEES IN THE EVENT THE POLICE CHIEF OR FIRE -2- 5/26/87 CHIEF TERMINATES HIS PARTICIPATION IN THE RETIREMENT SYSTEM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 46-87 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 46-87 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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: 9. Coastal Planning and Engineering Contract Modification. The Commission is to consider approval of modification of Coastal Planning and Engineering contract altering dates for completion of coastal management element and adjusting comprehensive liability and business auto liability requirements. Approval is recommended. 10. 1987 Sea Turtle Conservation Program. The Commission is to consider approval of the sea turtle program which provides a benefit to survival of the endangered species of sea turtles. Cost for this program will be $9,502, with funds to come from the Erosion Control Fund. Approval is recommended. 11. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Award and Contract Award. The Commission is to consider approval of the following Housing Rehab Grant Awards: Low Bidder Location Amount Henry L. Haywood 715 N.W. 1st Street $15,262 E. Grimm, Inc. 918 S.W. llth Terrace 14,684 Henry L. Haywood 125 S.W. 13th Avenue 13,545 Henry L. Haywood 701 S.W. 2nd Street 14,595 Funds are available in the Community Development Block Grant Program. Approval is recommended. 13. Waiver - Community Child Care Center. The Commission is to consider a request to waive all fees in connection with the use, plat- ting, planning and building of the proposed Community Child Care Center. Approval is recommended. 16. Appointment - Board of Construction Appeals. The Commission is to consider appointment of Richard Sheremeta, Engineer, as a member of the Board of Construction Appeals to a term ending January 8, 1989. 19. Nuisance Abatement. Resolution No. 18-87, assessing costs of abating nuisances in accordance with Section 13-13 on 43 parcels, is before the Commission for consideration. The caption of Resolution No. 18-87 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; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND -3- 5/26/87 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; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 18-87 is on file in the official Resolution Book) Mrs. Horenburger moved to approve the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 12. Amendment No. 1 - Downtown Drainage Pro~ect. The Commission is to 'consider approval of Amendment No. 1 between the City and Barker, Osha and Anderson in the amount of $40,000, with funds to come from the 1986/87 budget. Mr. Dougherty stated he would like an explanation as to why they are increasing the contract by $40,000. Gates Castle, Assistant City Engineer, advised that the origi- nal contract with Barker, Osha and Anderson was for them to do an overall study of the drainage in the downtown area. This has been completed and they have submitted their report. The City is now ready to take a portion of their recommended improvements and proceed with the actual plans, specifications and supervision during construction. That is what the $40,000 fee is for. Mr. Dougherty questioned why they are not considering taking bids from other engineers. He feels it is a lot of money to be awarding a contract without any bid considerations. Mr. Castle stated that the original contract for the study was done under the competitive negotia- tions act. The City Manager advised it has been the normal procedure of the Commission to select a consultant to do the initial design work and then follow through with that company to do the final design work. Mr. Castle stated that if you go out and get another consultant to pick up the initial consultants report you always end up paying additional fees for that other consultant to come in and review the report. Mr. Dougherty stated that by taking other bids on a master plan you get a second opinion to verify whether or not the basic engineering study is correct. He feels that in the long term interest of the City they would be far better off having that second opinion. He suggested that any contract which exceeds $5,000 should not be on the Consent Agenda and that in the future they not have tie-in sales on any con- tract. Mr. Dougherty moved that they not approve this item and direct the City Manager to seek competitive bids for any fraction of the project to be undertaken under the drainage plan, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - No; Mrs. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 4 to 1 vote. Before roll call the following discussion was had: The City Manager stated that the $5,000 is not in compliance with the Charter; it has to be over $10,000. Secondly, there would be no problem in doing what Mr. Dougherty stated except you could not take bids, you would have to take proposals and go through the same process they did before. If the Commission wishes to establish a new policy he has no problem; staff is only working off the policy which has been established for a number of years. -4- 5/26/87 Mr. Weatherspoon stated he feels that once a study is done, more than likely the person who did the study should be able to imple- ment that study cheaper than another person coming in. He does agree, however, that a second opinion does have some warrant. Mrs. Horenburger stated they are not talking about dollars and cents here, they are talking about engineering. She questioned the true benefit of having more than one study and how do they determine that they have had one. She would like to see this particular project move along and if it is going to be held up for three months she would have a real problem as they would be getting into the season to do the work. At this point the roll was called to the motion. Mrs. Horenburger moved to approve Amendment No. 1 between the City and Barker, Osha and Anderson in the amount of $40,000, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 14. Sidewalk Waiver - Lots 36 through 41, Pelican Harbor Phase Two. The Commission is to consider a request for a sidewalk waiver, located east of South Federal Highway, between the C-15 Canal and Tropic Isle Drive. Approval is recommended. Upon question, Stan Weedon, Acting Planning Director, stated that this sidewalk goes nowhere and does not tie in with anything in the area. There are a few other sidewalks in the Pelican Harbor area, however, they are short segments which do not tie into anything either. Mr. Dougherty stated that one of the Management Study comments was that the City lacks sidewalks and curbs. This may be a good place to start. Mr. Weatherspoon moved to reject the waiver for the sidewalk in Pelican Harbor, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. 15. Request for Variance - Finger Pier/Dock/Boat Lift - 345 S.E. 7th Avenue. The Commission is to consider a request from William McDonough for a variance for a dock exceeding five feet projection into the waterway; finger pier exceeding five feet in width and boat lift extension greater than 10 feet into the waterway. Approval is recom- mended. Mr. Castle stated that there is rock and rubble in the Intra- coastal which precludes the applicant from building a dock within five feet of his property. Upon question by Mr. Dougherty, Mr. Castle stated that all the adjacent property owners have been contacted and he has not received any negative or positive comments. Mrs. Horenburger moved to approve the variance, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Sunbelt Denntronics, Ltd. - Request for Extension. The Commis- sion is to consider a request for a 90 day extension for the elimination of wires and activities in Hanover Square to afford the City Commission time to consider their expansion requests. Approval is recommended. Mr. Dougherty questioned why they need a 90 day extension to eliminate the wires when this was discussed about six months ago and they were requested to remove them at that time. He also questioned if it is their intent not to remove the wires. -5- 5/26/87 Mayor Campbell stated that there is pending a possible exten- sion of the franchise area. When they are entertaining a change they hold in abeyance any kind of code violation situation until they make the more important determination, which is, whether or not they are going to grant an extension or not. If they grant the extension it does not make sense to require them to pull down all the equipment and then put it back up again. This is a technical request so that Sunbelt Denntronics is not in violation until the Commission has a chance to determine whether or not the extension is appropriate. Mrs. Horenburger stated it is her understanding that if Sunbelt were to pull the wires the people there would be without service. The Commission did allow them to make application, which they have, and the application process is going to take some time. However, it is her feeling that ninety days is too long an extension. The City Attorney advised that recently they have submitted materials which disputes that they are in violation. Mrs. Horenburger moved to approve the request for an extension of 45 days, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to I vote. Before roll call the following discussion was had: Mr. Dougherty requested that the two companies involved be given an opportunity to present their views to the Commission tonight. Patrick Casey, representing Sunbelt Denntronics, stated that the ordinance which granted the renewal also made an invitation for them to expand their franchise area to include Hanover Square. Mr. Dougherty stated that they were told the contract renewals were exactly the same as they were before which meant that the franchise areas were to remain the same. It has only been in the last ten days that the situation has changed and, in the meantime, Sunbelt has contin- ued not to do anything to remove the wires. Mr. Casey stated they are taking issue whether or not there is any violation. As part of their application for expansion they have pointed out that, to this date, the City has not attempted to regulate private easements. Sunbelt has not gone in the public areas outside the franchise area. Whether or not the City has the opportunity, or abili- ty, to regulate cable in private easements is one thing and, in their opinion, has not tried to do that. They are asking for this extension so that they can be heard on the merits of this issue at the next workshop meeting. Mr. Dougherty stated he feels that they had 90 days to contest the merits and they have not done so. David Baker, representing Leadership Cable, stated that Sunbelt did have 90 days to do something and the application for expansion of the franchise area was only filed within the last two weeks. With regard to whether or not they are within the franchise area, he stated he believes the Commission will find that the area is outside the franchise area and they are feeding the signal from inside the franchise area, using public rights-of-way. This puts them within the purview of the ordinance. At this point the roll was called to the motion. 18. Wrecker/Towing Services. The Commission is to consider award of a contract to the iow bidder, Accel Towing and Recovery. Approval is recommended. Mr. Dougherty stated, as he recalls, last week his position was to vote in favor of the low bidder. However, he has had an opportunity to review the specifications and found that there was nothing in them which really delineated the basis for awarding of a contract. The -6- 5/26/87 specifications had a large number of unit items and to each one there should have been a specific number of incidents which the bidder would have had to respond to. He feels they should go back, rebid and insert actual quantities against each one of those unit price items. The low bidder on the sum total should be awarded the contract. Mrs. Horenburger stated she agrees with Mr. Dougherty that the figures seem to be quite skewed and she would like to discuss how they are going to bid this type of thing in the future at a workshop meeting. Mrs. Horenburger moved that they reject the current bids and instruct the administration to rebid, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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: Mr. Weatherspoon stated it was brought to his attention that if a towing service also has a body shop then they have an advantage over other people. He feels they need to have staff also look into this. The City Manager advised that of the four bidders only one did not have a body shop. Mrs. Horenburger stated they also need to look at the contract with regard to the City's towing. It is her understanding that the Boynton contract with their towing service has no-cost towing for code enforcement and also has a clause which would disallow anyone making an unusual or extraordinary profit in another venture. She feels they need to look at that contract. At this point the roll was called to the motion. 20. Property for Expansion of Water Treatment Plant. Resolution ~o. 19-87, authorizing acquisition of nine lots for proposed expansion of the Water Treatment Plant, is before the Commission for considera- tion. Upon question by Mrs. Horenburger as to whether or not this is authorizing them to go ahead and acquire the nine lots, the City Attor- ney advised that it is. Mrs. Horenburger also questioned if they had received a recommendation from their consultants, Post Buckley. She has not heard anything from them that this is the only, and best, way to do this. Before they approve this she would like a recommendation from them. Mrs. Horenburger moved to postpone this item until they have a recommendation from Post Buckley and Russell and Axon, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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: Mr. Dougherty questioned if the Director of Public Utilities has consulted with the Master Plan Consultant on this matter. The City Manager advised that they are aware of the proposal. The Master Plan Consultants were Russell and Axon and then Post, Buckley came along and did the second phase of it. Mrs. Horenburger stated she would like to hear comments from both the consultants. Mr. Weatherspoon stated he feels someone from staff should get in touch with the individuals who will be affected by this to explain what the City is contemplating. They should also have some plan to assist those individuals prior to adopting the resolution. Mr. Dougherty suggested that they follow the Federal guidelines on relocation of persons for public projects. He questioned if the Commission would want to adopt, as a policy, that on any taking for -7- 5/26/87 public projects that they adhere to the Federal guidelines. Mr. Weatherspoon stated he is not sure he is proposing that in totality; however, it is certainly something they need to look at. At this point the roll was called to the motion. 13. Mayor Campbell stated that before they continue with the Regular Agenda he will recognize Mr. Weatherspoon for a discussion on this item. Mr. Weatherspoon stated that this item is in regard to the waiver for the community child care center. It is not that he is not in favor of doing what they can as a body to assist them; however, there are some things which they cannot waive. He feels that the City has shown good faith in donating the land. He is sure there are other companies who would like to contribute to this cause. He feels that the Center should come back to the Commission and ask for some assistance after they have exhausted all the other resources; they should not be waiving any potential revenues at this time. Mr. Dougherty stated that if this were something other than a community project like child care he would have the same reservations as Mr. Weatherspoon. However, he feels that in this instance they should be doing everything to encourage and financially assist them. Mrs. Horenburger concurred with Mr. Dougherty. The City Manager advised it is his understanding that the Commission can waive most of the fees, with the exception of the Impact Fees or the utility hook-up fees. General Administration, Finance and Personnel 21. Presentation by Atlantic High School Graduation Committee (Mrs. Bertie Brown). Mrs. Berrie Brown, Chairperson for Project Graduation for Atlantic High School, stated they are planning a non-alcoholic, chemical free party for the graduates on June 6th to keep them off the streets for a 12 hour period. They have raised $14,000 and need another $2,000 to be able to have this party. Mr. Dougherty moved to give the Atlantic High School Graduation Committee $2,000, with funds to come from the Council Contingency, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 22. Selection of Architect for the Old School Square. The three architects to be considered are: Jan Abell and Kenneth Garcia Partnership Currie Schneider and Associates Daniel P. Coffey and Associates The City Manager advised that Mrs. Bourque's committee did recommend the architects the way they appear on the agenda. Mr. Weatherspoon moved that they select Jan Abell and Kenneth Garcia Partnership as No. 1 choice, Currie Schneider and Associates as No. 2 choice and Daniel P. Coffey and Associates as No. 3 choice, seconded by Mrs. Horenburger. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Legal 23. Waiver of Liability Insurance - Solin and Associates, Inc. The Commission is to consider whether professional liability insurance requirements may be waived as to Solin and Associates, Inc., -8- 5/26/87 subcontractor responsible for Coastal Management Element of Comprehen- sive Plan in the Coastal Planning and Engineering contract. Denial is recommended. The City Attorney advised that Solin and Associates has not been able to obtain the professional liability insurance which was a part of the standard contract and are requesting that it be waived as their prime contractor has the insurance. Planning firms are unable to obtain professional liability insurance. Upon question by Mr. Weatherspoon, the City Attorney stated that they recommended denial in advance of them saying it was not available. Mr. Solin has furnished the Commission with a letter stating that no planning firm is able to get the insurance. Coastal Planning, the main contractor, is providing $1,000,000 coverage. Mr. Dougherty stated he does not understand how Solin and Associates cannot get insurance when they have less liability than other companies who can. Lester Solin, Solin and Associates, stated that comprehensive planners are not engineers, architects or land surveyors which are the general types of firms which are serviced by professional liability. He spoke with Mr. Stollman, who is the Executive Director of the American Planning Association, and he stated that no such coverage is available. The exposure to risks is very low for his profession and planners deal in advice rather than construction. He has approached many markets but there was no interest shown in offering this coverage. If the market should change and a company will offer the coverage he will contact the Commission immediately. Upon question by Mr. Dougherty, Mr. Solin stated the main contractor is very competent and he is covered up to the City's limits. He feels that the City will be fully covered by this. Mr. Dougherty moved to approve the waiver of liability insur- ance, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mayor Campbell, the City Attorney advised that to the extent that the subcontractor's actions are incorporated within that which Coastal Planning submits they could have coverage. At this point the roll was called to the motion. 24. Ordinance No. 47-87 - Cable Television Franchise. Ordinance No'. 47-87, repealing Chapter 10 "Cable Television Franchise" and enact- ing a new Chapter 10 "Cable Television Franchise", is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held June 9th. The City Manager presented Ordinance No. 47-87: AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 10, "CABLE TELEVISION FRANCHISE", AND ENACTING A NEW CHAPTER 10, "CABLE TELEVI- SION FRANCHISE", TO THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING NEW SECTIONS 10-1 THROUGH 10-32; TO PROVIDE FOR A SHORT TITLE; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR GRANT OF NON-EXCLUSIVE FRANCHISES; TO PROVIDE FOR COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES; TO PROVIDE FOR TERRITORIAL AREAS INVOLVED AND CONSTRUCTION REQUIREMENTS; TO PROVIDE FOR LIABILITY AND INDEMNIFICATION; TO PROVIDE FOR PERFORMANCE STANDARDS; TO PROVIDE FOR OPERATION AND MAINTENANCE OF SYSTEMS; TO PROVIDE FOR SERVICE TO SCHOOLS AND PUBLIC BUILDINGS; TO PROVIDE FOR EMERGENCY USE OF FACILITIES; TO PROVIDE FOR OTHER BUSINESS ACTIVITIES; TO PROVIDE FOR SAFETY REQUIREMENTS; TO PROVIDE FOR CONDITIONS OF STREET -9- 5/26/87 OCCUPANCY; TO PROVIDE FOR EMPLOYMENT PRACTICES; TO PROVIDE FOR REMOVAL OF FACILITIES UPON REQUEST; TO PROVIDE FOR TRANSFER OF FRANCHISE; TO PROVIDE FOR CITY'S RIGHTS IN FRANCHISE; TO PROVIDE FOR MAPS, PLATS AND REPORTS; TO PROVIDE FOR PAYMENTS TO THE CITY; TO PROVIDE FOR FORFEITURE OF FRANCHISE AND LIQUIDATED DAMAGES; TO PROVIDE FOR CITY'S RIGHT OF INTERVENTION; TO PROVIDE FOR FURTHER AGREEMENT AND WAIVER BY GRANTEE; TO PROVIDE FOR APPLICATION FOR NEW OR EXPANDED FRANCHISE; TO PROVIDE FOR DURATION AND ACCEPTANCE OF FRANCHISE; TO PROVIDE FOR RENEWAL OF FRANCHISE; TO PROVIDE FOR ERECTION, REMOVAL, AND COMMON USE OF POLES; TO PROVIDE FOR DESIGNATION OF CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE; TO PROVIDE FOR LEASED ACCESS CHANNELS; TO PROVIDE FOR RATES AND CHARGES TO SUBSCRIBERS; TO PROVIDE FOR RULES AND REGULATIONS; TO PROVIDE FOR A CABLE TELEVISION COORDINATOR; TO PROVIDE FOR PUBLICATION COSTS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised there is a typographical error on page 12 of the ordinance, in Section 10-23, Subsection 15, paragraph C. It was the Commission's direction that they wanted all three items and the (1) or (2) should become an "and". Mrs. Horenburger moved for the adoption of Ordinance No. 47-87 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty asked for a clarification of paragraph two of the attached memorandum. The City Attorney advised that the statement is a reflection of what his understanding of the Commission's direction was at the conclusion of the workshop meeting. Mr. Casey requested that the Commission take into consideration that their now currently pending application for an expansion of their existing franchise not be made subject to the filing fee for expanded franchises. It was the Commis- sion's direction that they should delete the $5,000 filing fee. At this point the roll was called to the motion. Leisure Services 25. Golf/Tennis Facility Task Force. The Commission is to consider the appointment of members to the Golf/Tennis Facility Task Force. Mayor Campbell stated that this will be a motion to appoint the members they discussed at their last workshop meeting. He suggested that they make a change that instead of the new Planning Director they appoint the Chairman of the Planning and Zoning Board. Mrs. Horenburger moved to approve the members to the Golf/Tennis Facility Task Force, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty questioned if they have a regulation whereby a person cannot serve on two committees or more. Mrs. Horenburger advised that it applies to two standing boards not task forces. Mr. Dougherty stated that this also goes against the Management Study which states that there are too many committees and the adminis- tration is giving away its responsibilities. -10- 5/26/87 At this point the roll was called to the motion. 27. Water Service Agreement/Site Plan Approval - Dunkin Donuts. The Commission is to consider a request for a water service agreement for a 0.46 acre parcel located at the southwest corner of Whatley Road and West Atlantic Avenue. The property is zoned CG-General Commercial in the County and is designated C (Commercial) on the City's Land Use Plan. Site plan approval is requested in accordance with the terms of the water service agreement. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following condi- tions: Technical and Code Requirements 1. Use signage to indicate one-way flow of drive-up lane. 2. Provide and designate accessibility ramps for handicapped parking spaces. 3. That signage be approved by the Community Appearance Board. 4. Add an additional tree along the south property line, to the north- east of the three oleanders shown. Planning and Zoning Board 5. That the water service agreement include a stipulation that no billboard will be constructed on the site. Mrs. Horenburger moved to approve the water service agreement and site plan for Dunkin Donuts, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - No; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty stated he feels that the City should not be approving water service agreements until such time that they have assurance that they will have the capability of meeting the demands for water in 2010. If they do not get the well fields to the west, the rights-of-way for the transmission or the properties to expand the water treatment plant the City could be in jeopardy. Mayor Campbell stated he disagrees with Mr. Dougherty's state- ment. They have been going, for the last four years, on a very careful analysis of what their needs are going to be. They do not need to be alarmists every time a water service agreement comes up. At this point the roll was called to the motion. 28. City Comments on County Petitions 82-79(A) and 84-37(A), Special Exceptions for Automobile Dealership Uses. The Planning and Zoning Board and Acting Planning Director recommend that the City Commission submit the recommended testimony by letter and direct a staff member to attend meetings of the County Planning Commission and County Commission to read the testimony into the record. Mayor Campbell stated he would prefer that rather than make any comment they adopt a resolution requesting the County, in light of the fact that the City is in the process of annexing these areas and they are within the bounds of the Enclave Act, that they take no further action in any kind of processing. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor Horenburger took the chair. Mr. Weatherspoon moved to waive the rules so that they can pass a resolution tonight, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Upon question by Vice-Mayor Horenburger, Assistant City Attor- ney Kurtz stated it is his understanding that the Commission wishes the -11- 5/26/87 resolution to be absolute and emphatic that the County not take any action. Also, that the City will be proceeding with the Enclave Act. Once they get an annexation petition going for the particular areas, the County, as a matter of course, stops any activity in relation to that area. Vice-Mayor Horenburger stated she would like to include in any motion that this resolution be sent not only to the County Commissioners and administrators, but also to the legal and planning staff. Mr. Dougherty stated he feels they should also include a direction to the City's Planning and Zoning Board so that they will know what this Commission does and does not want them to do. Mayor Campbell returned to the Commission Chambers at this time. Mrs. Horenburger moved to pass a resolution, incorporating all the comments and recommendations made tonight, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. (Note: This resolution was numbered Resolution No. 20-87). Mrs. Horenburger left the Commission Chambers at this time. 29. Site Plan Approval - Yu Brothers Food Distribution Facility. The Commission is to consider a request for site plan approval for a proposed 22,326 square foot wholesale sales office with attendant distribution facilities, located on the west side of Congress Avenue, between Atlantic Avenue and the L-32 Canal. It is zoned LI Light Industrial District and contains 1.27 acres. The Planning and Zoning Board and Acting Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. Revise the note on the preliminary paving and drainage plan to read that "The Civil Engineer shall provide detailed drainage drawings prior to platting." 2. Dedicate seven (7) feet of additional right-of-way for Congress Avenue. 3. Provide topo information and all adjacent driveways and roads within 125' of property (both sides of Congress) and show elevations on site plan. 4. Provide a tree survey or statement that there are no trees on the referenced property that have a 4" diameter measured at 4 1/2 D.B.H. that are protected by the tree ordinance. 5. The standard and handicap parking spaces shall be double striped. 6. Indicate location of lighting showing direction, type and height, sharp cut-off lumenaire, i.e., confine light on site. 7. Sod and irrigate to edge of pavement. 8. On the floor plan, specify that the storage area is either open to ceiling or two story. 9. The Fire Department has reviewed the site plan for Yu Brothers Distribution Facility and approves same subject to a water distribu- tion layout being provided showing fire hydrants with maximum 500 foot spacing including access road beginning at entrance drive from Congress Avenue. 10. Scheffeleras are not considered to be trees, only decorative ac- cents, and therefore do not count toward meeting the tree require- ments. Recommend use of tall palms to bring building into scale. 11. Provide note that curbing is 6" non-mountable type. 12. Applicant is permitted to use curbing as a carstop, i.e., the reinforced curbing can be extended 2 feet and the car overhang can be sodded thus increasing the effective landscape area, otherwise carstops are required. 13. Tree spacing on the south property line exceeds the maximum 40 foot spacing permitted, trees need to be shifted and two additional trees added. City Commission Policy -12- 5/26/87 14. In addition to road impact fees otherwise required, a contribution shall be made to the City of Delray Beach to assist in the construc- tion of two additional lanes on Congress Avenue (i.e., to ultimately widen the road from four lanes to six lanes) along the frontage of the property. To ensure that adequate roadway capacity is available to serve this development in the future, such contributions shall be made in accordance with the following fair share formula: (a) # external trips X percent of trips assigned to frontage = assigned trips (AT). (b) AT divided by capacity of 2 additional lanes (i.e., 14,000 trips per day) = project percent of additional necessary capacity (PP). (c) PP X cost of 2 additional lanes for 1 mile ($750,000 or other approved amount) X # miles of frontage = fair share contribu- tion. The above contribution shall be calculated for the entire property and allocated to the building or parcel on a floor area or acreage basis, or a separate trip generation/assignment calculated on each building or parcel, at the option of the applicant. Such calcula- tion must be approved by the City prior to final plat approval. The amounts so derived for each building or parcel shall be paid at the time of the first Certificate of Occupancy for that parcel. Provid- ed, however, that at such time as a contract is let for the con- struction of the additional two lanes the balance of the total amount due shall be payable to the City by the owner(s) of the remaining undeveloped tracts, upon thirty (30) days written notice by the City. 15. At the time of widening of Congress Avenue a contribution shall be made to the City for beautification of the Avenue. Such contribu- tion shall defray the cost of irrigating and landscaping the median on the roadway in accordance with an ordinance to be adopted by the City which the applicant understands and agrees will be applicable to this project. Procedural 16. Platting will be required prior to the issuance of any building permits. Community Appearance Board 17. That two additional trees be placed along the south property line and that the hedge be allowed to grow to six (6) feet. 18. Provide ramps for the handicap parking spaces. Standard Conditions 19. All improvements shall be completed in accordance with the approved site plan. 20. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improvements are made by that time. If the approval expires, request for exten- sion must be made in accordance with Section 30-22(E) of the Zoning Code. Mr. Dougherty moved for site plan approval for Yu Brothers Food Distribution Facility, subject to the conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Commission Chambers at this time. 30. Site Plan Approval - Shops of Seacrest. The Commission is to consider a request for site plan approval for a proposed 39,790 square foot shopping center, located on the west side of Seacrest Boulevard, between N.E. 22nd Street and Tangerine Trail. It is zoned LC (Limited -13- 5/26/87 Commercial) and contains 3.92 acres. The Planning and Zoning Board and Acting Planning Director recommend approval subject to the following conditions: Technical and Code Requirements 1. Atlas map indicates a total right-of-way along N.E. 22nd Street of 40 feet. Clarify right-of-way reservation along N.E. 22nd Street on site plan. Palm Beach County Thoroughfare Plan requires 80 ft. right-of-way for N.E. 22nd Street from Swinton Avenue to Seacrest Boulevard. 2. Additional roadway improvements may be required and will be deter- mined during platting. 3. Location of existing streets and easements. 4. All tree shall be outside the six (6) FP&L easement located along the west property line unless an approval is granted from FP&L to do otherwise. Approval from FP&L will be required to locate the six (6) foot CBS wall within the easement. 5. All landscape strips separating tiers of parking are required to be a minimum of five (5) feet in width, free of vehicular encroachment, and appropriately curbed or wheel stopped. They are dimensioned at four (4) feet in some cases, but scale to five (5) feet. 6. Provide site development data, including: - Type of development - Ground floor building area 7. If this development complies with the definition of shopping center as set forth in Section 30-1(79), the parking requirement will be 4 spaces per 1,000 square feet of total floor area. Thus, 160 spaces would be required. The additional spaces (46) could be counted toward meeting restaurant space requirement and would allow a total of 5,750 square feet of restaurant. 8. Provide written confirmation of the provisions of all necessary facilities and systems as listed. 9. Finalize dumpster location, if on the west side of the service court, must be enclosed. 10. Indicate on the parking detail that the car overhang area is intend- ed to be sodded. 11. The dimension on the parking detail of 5 feet from the combined area for roof overhang and planting area would appear to be in error. 12. Site plan indicates a 10 foot FP&L easement on the north property line, whereas the landscape plan indicates a 12 foot easement. Revise accordingly. Procedural Requirements 13. Platting will be required. 14. All signs are required to be approved by the Building Department and the Community Appearance Board. Approval of this site plan does not represent approval of the proposed signs. Staff Recommendations 15. Wall along abutting residential property should be decorative stucco on both sides. Community Appearance Board 16. Parapet shall be around complete building. 17. Palms would be more attractive if planted in clumps. 18. Look at (try to improve) the treatment of the south and east eleva- tions. Standard Conditions 19. All improvements shall be completed in accordance with the approved site plan. 20. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improvements are made by that time. If the approval expires, request for -14- 5~26~87 extension must be made in accordance with Section 30-22(E) of the Zoning Code. Mrs. Horenburger moved for site plan approval for Shops of Seacrest, subject to the conditions, seconded by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 31. Site Plan Approval Extension - Tropic Isle Plaza. The Commis- sion is to consider a request for an extension of the approved site plan for Tropic Isle Plaza, a 14,680 square foot commercial development, for 12 months to May 26, 1988. The property is located on the east side of South Federal Highway, between South Delray Shopping Plaza and Dumar Plaza. It is zoned GC (General Commercial) and contains 1.389 acres. The Planning and Zoning Board and Acting Planning Director recommend approval subject to the following conditions: Technical and Code Requirements 1. That the time limitation of this site plan ~ approval extension pursuant to Section 30-22(E) of the Zoning Code is twelve (12) months. 2. That the conditions of approval of the original site plan remain in effect as applicable or modified herein. 3. A cross access easement should be entered into and recorded prior to the issuance of the first building permit. 4. That prior to the issuance of the first building permit approval from F.D.O.T. for the proposed curb-cut be obtained, or the previous curb cut approval should be re-certified. 5. The Engineering Division recommends that the turning radi at the entrance area remain at 35 feet. Planning and Zoning Board 6. Prior to issuance of a Certificate of Occupancy for Tropic Isle Plaza, the common access from Federal Highway to this site and the South Delray Shopping Center (California Federal) must be construct- ed for full ingress/egress as shown. Mrs. Horenburger moved for site plan approval extension for Tropic Isle Plaza, subject to the conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 32. Mrs. Horenburger moved to approve the minutes of the Regular Meeting of May 12, 1987 and the Special Meeting of May 5, 1987, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 33.a.1. Mr. Dougherty stated they received a memorandum from the Soil and Water Conservation District bringing to the Commission's attention the fact that they are lacking in funding as it has been reduced sub- stantially. They are asking the various cities to contribute sums of money to support their work efforts. He feels it is in the City's best interests to support the Conservation District as they are proposing to undertake a sludge land disposal project as a pilot operation. The District is asking for $1,000; however, he feels they should contribute $2,000 and also be receptive, as an authority member, to further support the project in real dollars. Mrs. Horenburger stated she has no problem giving the donation requested; however, she feels they should go to the SCRWTD Board and do it jointly with Boynton Beach and each give $1,000. -15- 5/26/87 It was the consensus of the Commission to place this on the Consent Agenda in two weeks. 33.a.2. Mr. Dougherty stated they received a memorandum from Mr. Johnson, Director of Development and Inspections, regarding the Marina Delray. No occupational license is being given to them and he is confused as to how they can tell them on one hand that they are not getting a license and on the other tell them to go ahead and operate. Mayor Campbell stated they are not encouraging them to operate but, by the same token, they are not taking positive steps to prosecute their not having a license for c.o. until the law suit is finished. Upon question by Mr. Dougherty, the City Attorney stated it is his understanding that the Marina Delray was able to reclaim the old liquor license by paying outstanding fees and penalties and transferring it to the current operators. 33.a.3. Mr. Dougherty questioned when they are going to meet for the Bond Issue sale. Following discussion, it was the consensus of the Commission to hold the meeting on Thursday at noon. 33.a.4. Mr. Dougherty stated that the Executive Summary of the Retail Study for 1986, including Chapter 7, which was prepared by Mr. Mitnick has many important issues and requests a planning policy on the part of the Commission. He would like to have this placed on the next workshop agenda. 33.a.5. Mr. Dougherty questioned how they are going to go about review- ing the Management Study. The City Manager advised they have had the offer of the Duncan Center for a day long goal setting session. They have contacted the professors at FAU to act as facilitators in assisting the Commission in developing a series of goals and objectives. Once the Commission has established their goals and objectives, then staff will study the strategies to work towards those goals. The Center will be available in the first part of June and he is waiting to hear from Dr. Lance DeHaven Smith when he could be available. 33.a.6. Mr. Dougherty stated he feels that any item which is going to cost the City more than $10,000 should not be placed on the Consent Agenda, but rather the Regular Agenda with explanations and justifica- tion. He feels that the Commission should be given the opportunity to review specifications and plans before they go out for bids, or at least during the bidding period. Mrs. Horenburger stated that some time ago they determined that they were going to ask staff to put all of those types of work items on the Consent Agenda; they always have the option of pulling them off. If she has a question on any item she goes to staff ahead of time. She feels that it makes sense to put a lot of the routine matters on the Consent Agenda. 33.a.7. Mr. Dougherty stated that one of the items on the agenda tonight was to approve the removal of certain personnel from the City's pension system. When they discussed this the last time he raised the question of reviewing the system for all other employees. It was his understanding that staff would have that looked into. He questioned if they have done that and, if so, when it is scheduled for a workshop meeting. The City Attorney stated that Mr. Huddleston has contacted the Wyatt Company, on the general employees, and Kruse O'Connor on the fire and police employees. He would like them to come to a workshop meeting with a presentation on options before they have them conduct any cost analysis. He will try and schedule this for the June 16th workshop. 33.a.8. Mr. Dougherty questioned the status of the turtle ordinance. The City Manager advised the Commission should have received a draft of -16- 5/26/87 the ordinance in their agenda package and it will scheduled for next week's workshop meeting. 33.a.9. Mr. Dougherty stated that Mr. Weatherspoon raised the question of a relocation policy for displacement of people for public projects. He would like this placed on a workshop agenda for discussion and to establish policy. It was the consensus of the Commission to place this on the agenda for the 2nd workshop in June. 33.a.10. Mrs. McCarty stated she thought they were supposed to have the resolution for DOT regarding the Commission's thoughts on parking on Federal Highway for tonight. She requested that it be placed on the special meeting agenda before next week's workshop meeting. 33.a.11. Mrs. McCarty stated she would like to workshop the ordinance which was passed some time ago concerning the minimum square footage requirements for multiple family dwellings. 33.a.12. Mrs Horenburger stated she would like the rest of the Commis- sion to consider water service fees for non-residents. They discussed this about two years ago and at that time the City Attorney informed them that the 25% surcharge could be automatic and everything beyond that would have to be justified. She feels they need to look at this, particularly for areas where they have granted water service and do not have annexation agreements; that would justify charging more for the water service. The City Attorney stated they will need to do some type of cost analysis to justify that. He is not sure whether or not Utilities can do that or whether they should get Post, Buckley involved. 33.a.13. Mrs. Horenburger stated, with regard to the wells, that they did have a workshop meeting and heard staff's and Mr. Vance's position on the siting of the wells. She feels they need to hear more clearly what concerns the LWDD who are not, in fact, part of the process but are acting as an agent or designee of the SFWMD. She would also like to hear from the County and work more closely with them. 33.a.14. Mr. Weatherspoon stated they received a couple of memorandums 'from the Florida League of Cities and one in particular addressed the 1 cent local option sales tax without referendum. According to the memorandum, it is in trouble; however, the League adopted it as one of their priority items to get it passed. He feels that this Commission should send a resolution to Tallahassee encouraging them to move forward in a positive manner. The City Manager stated he could have Kathy Daley beef up her efforts regarding this bill. 33.a.15. Mr. Weatherspoon stated, with regard to Senate Bill 490, they received some correspondence from Jim Wolf about the ability of the Council, at large, being able to meet and discuss pending litigation. Currently, they meet individually with the attorney and this bill, if passed, would allow the body to meet collectively. Mr. Wolf would like the Commission's support in getting this legislation passed. 33.a.16. Mr. Weatherspoon stated that the 8 acres which the County owns, and is currently under negotiation, has still not been mowed. 33.a.17. Mr. Weatherspoon stated that, due to some legislation changes, the Commission can now have the appeal process for the Board of Adjust- ment and Board of Construction Appeals come back to them or whoever they desire. He personally feels that any grievances or differences should come back to the Commission and they will make the final decision. Currently, the appeal process is the Court system. The City of Deerfield Beach has an ordinance which is very simple and he suggested that the City Attorney give the Commission a copy of it. If they concur, then perhaps the City Attorney could draw up an ordinance so that the appeal process would be the Commission. -17- 5/26/87 Mr. Dougherty stated he feels that this would politicize the process. In these particular boards, the members are selected by profession specifically for the reason that they have knowledge and ability to render decisions on matters brought before them. By bringing it back to the Commission it would put them in a dilemma to then make a decision, within their ability to recognize the situation. He would be concerned about that. Mrs. Horenburger stated that having been a member of the Board of Adjustment for five years she would hate to see it become politi- cized. She feels the decisions are made on a very clear and clean basis. Mr. Weatherspoon stated if a citizen has a disagreement with what the Board says, he cannot see why they should have to go through the court system if the Commission could solve the problem. Mayor Campbell suggested that they get a copy of the Deerfield Beach ordinance and put it on an upcoming workshop agenda for discus- sion. 33.a.18. Mayor Campbell stated that they need to set a date for a special workshop regarding their committees. Following discussion it was the consensus of the Commission to hold the meeting on Thursday, June 18th. 33.b. There were no Non-Agenda items by the City Attorney. 33.c.1. The City Manager advised he received a report today from Kathy Daley that two of our bills, the Lake Worth Drainage District and the Downtown Development Authority, seem to be moving along at a very good pace. However, there is a bill regarding the sales tax exemption which will allow practically no exemptions for the City. There is another bill which he has asked Ms. Daley to work on very hard to try and get a House sponsor for it. Senator Thurman has introduced a bill which would exempt governmental construction projects. Ms. Daley is trying to get with the key people from this area who still have a lot of concerns with any exemptions. 33.d.1. Sam Schwimer, Pines of Delray, stated he feels the Commission should change their policy and have all their meetings in the Commission Chambers. 33.d.2. Mr. Schwimer stated that the citizens are the last to be heard on the agenda. A large portion of the agenda is taken up by developers and commercial operations. He questioned why the citizens must be required to sit and listen to the entire meeting and feels the Com- mission should be concerned about their viewpoint. 33.d.3. Alice Finst, 707 Place Tavant, concurred with Mr. Schwimer's comments. She stated that the Commission's comments are the most important and they are being expressed when there is hardly anyone left at the meeting. 33.d.4. Mrs. Finst stated, with regard to the water service agree- ments/site plan approvals, that they seem to be coming before the Commission at the very last moment when he needs water and the building is constructed and not up to the City's codes. Mrs. Horenburger stated that the County had assured them that when anyone came in and needed water they would be notified up front that they needed City permission. Mayor Campbell declared the meeting adjourned at 10:13 P.M. -18- 5/26/87 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 May 26, 1987, which minutes w~re formally approved and adopted by the City Commission on~.~ ,~./F~ . 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. -19- 5/26/87