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01-07-86SpMtg JANUARY 7, 1986 A special meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:02 P.M., Tuesday, January 7, 1985. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) considering Resolution No. 1-86 endorsing the Downtown Development Authority to apply for application for the Main Street Program; and (2) considering revised leases for railroad right-of-way between the City of Delray Beach and FEC Railway. 1. Mayor Campbell stated that this really may be a two part issue; ~irst the resolution and secondly a funding request, which are separate issues. The City Manager presented Resolution No. 1-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING AND AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY'S APPLICATION FOR PARTICIPATION IN THE "MAIN STREET" PROGRAM; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THEIR SUBMISSION TO FLORIDA MAIN STREET PROGRAM. (Copy of Resolution No. 1-86 is on file in the official Resolution Book) Mr. Bird moved for the passage of Resolution No. 1-86, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. With regard to the funding issue, Mrs. Connie Tuttle, Chairman of the Downtown Development Authority, advised that this year the DDA has chosen to apply for the Main Street Program because of a smaller area needed to work with. Last year the program was from 1-95 to the ocean; the Main Street Program is usually contained in a smaller area and that is one of the reasons why, perhaps, Delray Beach was not selected. The DDA is interested in funding the program and has been sending out letters asking for individuals to support the Program and has been sending out letters asking for individuals to support the Program and asking for individual pledges. They are asking the City Council, since it is being endorsed through a resolution to allot funds for a three-year program to maintain a Main Street manager and the Program. They are requesting the sum of $10,000 from the City; the overall budget will run about $40,000 per year for a three year program, which includes the salary of the manager as well as expenses. Upon question by Mayor Campbell, Mrs. Tuttle stated that the Main Street Manager will coordinate downtown, promotions, activities, etc. The Manager and the CRA Director will be interrelated working together, but they will each have their own function; actually the Main Street Program will be an arm of the CRA. Mr. Jackel moved that the City Council appropriate and donate $10,000 per year for the next three years to the Main Street Program with funds to come from the Contingency Fund, seconded by Mrs. Horenburger. The City Attorney expressed concern whether such a motion can be made based on the way the Special Meeting Agenda is written. Mayor Campbell suggested modifying the resolution which was just passed and adding "and this shall be funded with a $10,000 grant"; the City Attorney concurred. Mr. Bird moved to rescind the previous motion, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird moved that Resolution No. 1-86 be modified and an additional paragraph added to indicate that Council has agreed to fund the Main Street Program in the amount of $10,000 per year for a period of three years, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 2. The City Attorney advised that the major issue which has been 'discussed over the past few years with regard to the indemnification language has been resolved to his office's satisfaction; each party is going to be responsible for injuries or damages caused by acts of their own or their employees' negligence and each side will bear their own costs. The other items are outlined in the memos distributed to Council. The new lease has been subsequently reviewed and there were a number of other technical modifications that the attorney's office has made to the lease which were agreed to by the railroad's attorney, Mr. Risner. The revised lease has been distributed to Council this evening and contains with it a lease of the six parcels in question for an annual rental of $3,000, plus a payment for insurance premium at a rate per each parcel to be determined as the premiums increase or decrease each year. Currently, the premium is at about $230 per parcel; this lease would require the City to pay the January, February and March's worth of premium. The railroad would prefer to make this a package deal so that it resolves the barricade issue as well as the leasing and insurance issue all in one document. The City Attorney advised that Mr. Risner has assured him that if Council approves this lease the barricades will commence being removed on Friday of this week at the railroad's cost. Mr. Bird stated he would like to ask that the railroad, at the same time, voluntarily annex the balance of the railroad right-of-way which is not in the City, into the City. Mr. Risner advised that this has never been discussed and he would have to take it back to management. Mr. Bird moved for approval of the lease contingent upon the annexation being agreed to by the railroad, seconded by Mrs. Horenburger. Mr. Weatherspoon commented that the City has a problem with the barricades and he would not want anything to prolong the lease approval any further; he felt the annexation should be a separate issue. The City Manager stated the City has a question to pose to the railroad relative to Section 30 of the lease. They do not have any problem with the guardrails, barricades, etc., being installed at the City's expense, but are wondering if the FEC would be agreeable to some other type such as a block wall or plantings which would be more attractive. Mr. Risner advised that the steel guardrails are specified by the engineering department, but if the City would want to add any type of vegetation in front of it there would be no objection. The City Manager stated he would like to keep this subject open for discussion in the future. Mayor Campbell commented on Item 27 of the lease; there may be areas where vision would not be impaired where the City might want to plant trees along the right-of-way or thoroughfare and he would like provision made for this. Discussion followed with regard to the language to be used. Mr. Risner stated they would agree to amendments such as proposed by the City Attorney. - 2 - 01-07-86 Mrs. Horenburger made a substitute motion to approve the lease as modified by the City Attorney regarding Item 27 and eliminate the language with regard to annexation, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Bird stated he would vote no because he felt it was important that the City enforce its every opportunity to its fullest extent; if the City continues to go back to the Legislature to ask for relief, he believes they have to be able to demonstrate that they did not leave any stones unturned. The City Attorney advised that if the motion is adopted, it would be taken as direction to staff to pursue the annexation issue. Mayor Campbell stated that if Council passes the motion as it has been proposed, then perhaps we can by consensus, direct the City Attorney that when the document is presented to the railroad, it is the City's intention during the course of the year that negotiations should proceed on annexation, and prior to adoption of the renewal of the lease, that that matter should have been addressed. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 7:27 P.M. · ~- City Clerk 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 Council of January 7, 1986, which minutes were formally approved and adopted by the City Council on ~..~.~,/~ . City 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 Council. 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. - 3 - 01-07-86