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03-28-89 MARCH 28, 1989 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 7:04 P.M., Tuesday, March 28, 1989. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Marie Horenburger (Arrived 7:18 P.M.) 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 Reverend William Reese, Lakeview Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.A. Mayor Campbell read and presented a proclamation recognizing and honoring Leonard Syrop for his service on the Delray Beach Housing Authority from July 14, 1984 through March 8, 1989. Mr. Syrop came forward to accept the proclamation and stated that he hopes he can continue, in the future, to serve the City. 4.B. Mayor Campbell presented a proclamation proclaiming April 1-15, 1989, as "National Telecommunicators Week". PUBLIC HEARINGS 5. Ordinance No. 11-89 Parking Time. Ordinance No. 11-89, amend- ing Title 7 "Traffic Code", and Chapter 73 "Parking Schedules", "Sched- ule I, Two Hour Parking Zones" to provide for two hour parking zones in on-street parking areas and four hour parking limits in City owned parking lots, 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. 11-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 7, "TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES", "SCHEDULE I, TWO HOUR PARKING ZONES", TO PROVIDE FOR FOUR-HOUR PARKING LIMITS IN CITY-OWNED PARKING LOTS, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-89 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. Mr. Weatherspoon moved for the adoption of Ordinance No. 11-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 6. Ordinance No. 12-89 "Change-Out Permit Fees. Ordinance No. 12-89, establishing a $35.00 permit fee to repair or replace minor components 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. 12-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 150, "BUILDING REGULATIONS", "BUILDING CODE", SECTION 150.016, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 107.4, "SCHEDULE OF PERMIT FEES", PARAGRAPH (C), BY ENACTING A NEW SUBPARAGRAPH 107.4(c)XI, "CHANGE-OUT PERMITS"; AMENDING TITLE XV, "BUILDING REGULATIONS" , CHAPTER 155, "ELECTRICITY" , "PERMIT AND INSPECTIONS", SECTION 155.18, "PERMIT FEES". BY ENACTING A NEW PARAGRAPH 155.18(D); AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 157, "GAS CODE", SECTION 157.02, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", BY ENACTING A NEW PARAGRAPH 113.4(d); AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 160, "MECHANICAL CODE", SECTION 160.02, "AMEND- MENTS AND ADDITIONS TO CODE", SUBSECTION 106.3, "SCHEDULE OF PERMIT FEES", BY ENACTING A NEW PARAGRAPH 106.3(C); AMENDING TITLE XV, "BUILDING REGULATIONS", CHAPTER 161, "PLUMBING CODE", SECTION 161.02, "AMENDMENTS AND ADDI- TIONS TO CODE", SUBSECTION 113.4, "SCHEDULE OF PERMIT FEES", BY ENACTING A NEW PARAGRAPH 113.4(d) TO PROVIDE FOR CHANGE-OUT PERMIT FEES IN THE AFOREMENTIONED CHAP- TERS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 12-89 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. Mayor Campbell stated they have had a request to delay this matter in order to allow a greater publication of the proposed ordinance in the residential communities. Frank Spence, Director of Development Services, advised the subject of the fee arose when they received numerous citizen complaints that the cost to change-out minor appliances such as ceiling fans, hot water heaters, etc., would add an additional $58 to the cost of instal- lation. After review of similar fees which exist in Palm Beach County, it was staff's recommendation that the fee be reduced to $35. They also modified the lower figures so that there would be no cost or fee for any installation Under $200; they would still do the inspection but it would cost the citizens nothing. It is staff's recommendation, because of the safety elements, that inspections still be made for the installation of anything having to do with electrical or plumbing hookups. Ms. Horenburger arrived at this time. Helen Coopersmith, 1222 South Drive Way, stated there appears to be a glitch in this ordinance. She questioned what would happen if it is a Sunday, something breaks and they have no idea how much it is going to cost to fix. The repairman would not be able to pick up the permit and there would be no one to do the inspection. Dick Eckerle, Woodlake Homes, stated that every home, on the average, will have replaced a hot water heater in the last ten years and he will guarantee that they have not issued 1/10th of the permits. He feels they should have control of the contractors to control the safety factor. -2- 3/28/89 Jack Kellerman, High Point, stated he is very happy to see that they have eliminated the permit fee for water heaters, which is the primary problem they have, and also for appliances under $200. Randy Golder, Woodlake, stated she feels this ordinance does not accomplish the purpose the Commission wants it to and creates an undue burden on the homeowner. The public hearing was closed. Ms. McCarty moved to deny Ordinance No. 12-89, seconded by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED with a 3 to 2 vote. Before roll call the following discussion was had: Ms. Horenburger stated a motion to deny will leave them back at square one with an even higher fee; she feels an appropriate motion would probably state something else other than this one. They need to go back to the drawing board and come up with a better formula. Mr. Weatherspoon stated the intent of this ordinance was to have the fee be more in line with the services the City was providing. This ordinance is not perfect and will not cover every situation; however, it is nice to have something in place which will protect the City and citizens. He feels they should go ahead and pass the ordinance and work to try and improve it. Ms. Horenburger stated they need to go back to the drawing board and reassess the different kinds of inspections they do, the contract situation some vendors have and the costs. Ms. Brainerd stated she feels this ordinance is a lot closer to where they need to be than what they presently have. If they are going to inspect, they need to have some kind of mechanism to cover their costs. Mayor Campbell stated he concurs that perhaps the best way to proceed would be to further amend it and get it passed more in conformi- ty with what seems to be the consensus of the Commission. Ms. McCarty stated when they license contractors they have to go through a specific criteria. This ordinance was basically formed as a revenue generator and now it is a safety concern. She feels the proper place to determine the safety is with the licensing of the contractors in the City. The people who choose to do the repairs themselves are taking a chance and it is not enforceable. She is not for either ordinance. At this point the roll was called to the motion. Upon question by Mayor Campbell, Mr. Weatherspoon stated he would be willing to pass the ordinance and they could modify it at another time. Mr. Weatherspoon moved for the adoption of Ordinance No. 12-89 on Second and FINAL Reading, and give staff direction to look at fine tuning the existing ordinance where applicable, 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. 13-89 - Amendment to Noise Ordinance. Ordinance No. 13-89, amending Chapter 99 "Noise Control" of the Code of Ordinances by adding Subsection 99.04 (A) (1) making it unlawful to play or operate any radio, musical instrument, phonograph, or sound producing device which can be heard more than 50 feet away from its source in a public place or 100 feet away from its source within a building structure or property boundary, whichever is greater, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of -3- 3/28/89 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. 13-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 99, "NOISE CONTROL". "GENERAL PROVISIONS", SECTION 99.04, "LOUD AND UNNECESSARY NOISES ENUMERATED; EXEMPTIONS", BY REPEALING SUBSECTION 99.04(A) (1), AND ENACTING A NEW SUBSECTION 99.04(A) (1),; TO PROVIDE THAT IT SHALL BE UNLAWFUL TO PLAY, OPERATE OR PERMIT TO BE PLAYED OR OPERATED ANY RADIO, MUSICAL INSTRUMENT, PHONO- GRAPH, OR OTHER MACHINE OR DEVICE FOR THE PRODUCING OR REPRODUCING OF SOUND FOR THE PURPOSE OF ENTERTAINMENT IF THE SOUND CAN BE HEARD MORE THAN 50 FEET AWAY FROM A NOISE SOURCE EMANATING FROM PUBLIC OR OUTDOOR AREAS AND 100 FEET AWAY FROM A NOISE SOURCE EMANATING FROM WITHIN A BUILDING OR STRUCTURE OR PROPERTY BOUNDARY WHICHEVER IS GREATER OR VIOLATES PROVISIONS FOR NOISE SENSITIVE ZONING OR EXCEEDS VIBRATION AND/OR DECIBEL RESTRICTIONS CON- TAINED WITHIN THIS CHAPTER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 13-89 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. Deborah Wright stated she totally agrees with this ordinance and is happy to see that the Commission is taking an interest in this. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 13-89 on Second and FINAL Reading, 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. 8. Ordinance No. 14-89 Rezoning Request Butler-Arrington Property. Ordinance No. 14-89, rezoning property located on the east side of S.W. 5th Avenue between W. Atlantic Avenue and S.W. 1st Street from RM-6 to General Commercial (GC), 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. 14-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT FOR A PARCEL OF LAND LYING AND BEING IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE EAST SIDE OF S.W. 5TH AVENUE, APPROXIMATELY 200 FEET SOUTH OF ATLANTIC AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-89 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 -4- 3/28/89 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 14-89 on Second and FINAL Reading, 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. 9. Ordinance No. 15-89 Carnival Ordinance. Ordinance No. 15-89, prohibiting carnivals or circuses within the City without prior Commis- sion approval, 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. 15-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULA- TIONS'', CHAPTER 114, "AMUSEMENTS", BY REPEALING CHAPTER 114, "AMUSEMENTS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 114, "AMUSEMENTS", SECTION 114.01, "PROHIBITION OF CIRCUSES AND CARNIVALS"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 15-89 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. Upon question by Rosetta Rolle, Mayor Campbell advised this ordinance will require the approval of the City Commission on a case by case basis. The public hearing was closed. Ms. Brainerd moved for the adoption of Ordinance No. 15-89 on Second and FINAL Reading, 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. 10. Ordinance No. 21-89. Ordinance No. 21-89, amending Title V, Chapter 52 making it unlawful to deny or obstruct access to read or repair water meters, 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. 21-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", "METERS", BY ENACTING A NEW SECTION 52.20, "ACCESS TO WATER METERS AND APPURTENANCES"; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO INTERFERE, DENY OR RESTRICT ACCESS TO WATER METERS OR THEIR APPUR- TENANCES BY THE CITY'S AGENTS OR EMPLOYEES FOR THE PURPOSE OF MAKING PERIODIC METER READINGS, REPAIRS, REMOVAL, OR DISCONNECTION OF SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 21-89 is on file in the official Ordi- nance Book) -5- 3/28/89 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Horenburger moved for the adoption of Ordinance No. 21-89 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. 11. Request for Waiver of Sign Code. The Commission is to consider a waiver of Section 162.035(G) (3) and 162.035(F) (3) (a) to permit an existing billboard to be moved. Prior to consideration a public hearing has been scheduled to be held at this time. The City Attorney advised the Commission, at their workshop meeting, gave staff direction that they would be willing to consider the issue and it has been advertised for a public hearing on the waiver. If the Commission approves this tonight it would give direction to staff to enter into a contract with the property owner, and the sign company, who would then be permitted to move the sign 65 feet to the west and change the base. This would also have to be subject to DOT approval as they are in the area of a Federally aided highway. Because they are within that area, the applicants have to pay for the privilege. Therefore, the contract would state that they would be permitted to move their bill- board 65 feet to the west, they would change the pedestal upon which it rests, they would landscape around it, that 10 years from September 1, 1989, the billboard would have to be disassembled at no cost to the City and that the advertising company would be willing to pay to the City, over a 10 year period, $45,000 ($4,500 per year) towards City beautifi- cation projects along the area of Lowson Boulevard. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Ms. Brainerd moved to approve the waiver and the agreement as outlined by the City Attorney, 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. 12. Request for Waiver of Sign Code. The Commission is to consider a waiver of Section 162.070, "Off Premises Signs; Exceptions" to allow existing roof signs to remain at Carteret Savings Bank, Doc's Soft Serve, Love's Drugs, Sail Inn and Paradise Club. Prior to consideration a public hearing has been scheduled to be held at this time. Jack Kellerman stated he is totally opposed to this and be- lieves that if they give them permission there should be a time limit and the City should get some kind of fee. Dick Eckerle advised this was discussed by the Community Appearance Board, these signs were selected to be considered for this purpose and a lot of them are in the Historic District. Alice Finst, Nostalgic Sign Committee, advised all the signs (approximately 200) which were given the 10 year waiver and were non- conforming were reviewed. There were many, that because of setbacks, could be moved without changing the sign. The ones which were finally brought before the Commission were felt to give certain character to the City. The public hearing was closed. Mr. Weatherspoon moved to approve the waiver for Carteret Savings Bank, 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. -6- 3/28/89 Ms. Brainerd moved to approve the waiver for Doc's Soft Serve, 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. Ms. Horenburger moved to approve the waiver for Love's Drugs, 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. Ms. Horenburger moved to approve the waiver for the Sail Inn, 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. Ms. Brainerd moved to approve the waiver for the Paradise Club, 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 13.1. Robert Federspiel, Attorney for the Delray Beach Housing Authority, stated that approximately two weeks ago the Commission discussed security at Carver Estates. The Housing Authority had submit- ted a request that the City consider subsidizing the additional security they required due to the criminal element. Over the last year and a half the Housing Authority has spent approximately $111,000 for off-duty policemen to patrol the grounds. The crime has reduced significantly; however, the budget of the Housing Authority has borne the brunt of it. The Housing Authority's budget is approved by HUD and is comprised of the deficit they receive from the rents after paying all their expenses. The Federal Government states that for security they will only approve a certain amount and, in this case, it is about $12,000 per year. This leaves the Housing Authority in a quandary as they have no way to raise the additional money. At the last meeting, they advised that they could pay $3,500 per month for the continued security; however, they are fearful of having the level of security diminished or decreased. They are hoping that the City could either subsidize the difference between approximately $5,000 and $3,500 or restructure their police beats to provide the additional coverage. They would like the Commission to consider and discuss this in a formal session. The City Manager advised he believes they can do this adminis- tratively and he will pursue this with the Chief of Police and the Housing Authority. Mr. Federspiel stated one other issue which may help the overall problem in the future is going to relate to the Auburn Trace project. When they bring their site plan to the Commission, and have an alternate entrance to Carver Estates, they would like the Commission to consider making it an emergency entrance. This would limit their entrance to only one open access point so they can control the flow. 14. The City Attorney advised there is an amendment agenda which makes text changes to Items 20, 28 and 33. The City Manager requested, with regard to Item 29 of the Consent Agenda, that they add authorization to annex the Post Office property as Community Facilities in addition to The Extra Closet proper- ty. Mr. Weatherspoon requested that they move Items 32 and 33 from the Consent Agenda and place them at the end of the Regular Agenda. Ms. Horenburger advised that at the last meeting there was a question raised with regard to Agenda approval coming after Comments and Inquiries on Non-Agenda Items from the Public. She feels they either -7- 3/28/89 need to change the approval of the agenda and move it forward or make a policy statement with regard to the comments and inquiries on non-agenda items. Ms. Horenburger 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. 15. Ms. Horenburger moved to approve the minutes of the Regular Meeting of February 14, 1989, February 28, 1989 and March 14, 1989 and the Special Meetings of March 3, 1989 and March 16, 1989, 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. FIRST READINGS Ms. Horenburger left the Commission Chambers at this time. 16. Ordinance No. 16-89. Ordinance No. 16-89, adding "School No. 4 Delray Colored" as established in 1895, located on Block 28, Lot 2, N.W. 5th Avenue to the Local Register of Historic Sites, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April llth. The City Manager presented Ordinance No. 16-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE FIRST SCHOOL FOR BLACKS WAS OPENED IN 1895, MORE PARTIC- ULARLY DESCRIBED AS LOT 2, BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 16-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Ordinance No. 17-89. Ordinance No. 17-89, adding Greater mount Olive Missionary Baptist Church located on Block 28, Lot 7, 40 N.W. 4th Avenue to the Local Register of Historic Sites, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April llth. The City Manager presented Ordinance No. 17-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH WAS FOUNDED IN 1896, MORE PARTICULARLY DESCRIBED AS LOT 7, BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -8- 3/28/89 Ms. McCarty moved for the adoption of Ordinance No. 17-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 18. Ordinance No. 18-89. Ordinance No. 18-89, adding St.Paul African Methodist Episcopal Church, located on Block 27, Block 5, 119 N.W. 5th Avenue to the Local Register of Historic Sites, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April llth. The City Manager presented Ordinance No. 18-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH WAS FOUNDED IN 1897, MORE PARTICULARLY DESCRIBED AS LOT 5, BLOCK 27, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 18-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 19. Ordinance No. 19-89. Ordinance No. 19-89, adding The Free and Accepted Masons of Delray Beach Lodge 275, located on Block 28, Lot 1, 85 N.W. 5th Avenue to the Local Register of Historic Sites, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April llth. The City Manager presented Ordinance No. 19-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE FREE AND ACCEPTED MASONS DELRAY BEACH LODGE 275 WAS ORGANIZED IN 1899, MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 28, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 19-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Ms. Horenburger returned to the Commission Chambers at this time. 20. Ordinance No. 20-89. Ordinance No. 20-89, adding St. Matthew Episcopal Church, located on Block 32, Lot 1, 404 S.W. 3rd Street to the Local Register of Historic Sites, is before the Commission for consider- ation on First Reading. If passed, Public Hearing will be held April llth. The City Manager presented Ordinance No. 20-89: -9- 3/28/89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY UPON WHICH THE ST. MATTHEW EPISCOPAL CHURCH WAS FOUNDED IN 1911, MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 32, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A LOCAL HISTORIC SITE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER, SAID DESIGNATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 20-89 on First 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. REGULAR AGENDA 21. Appointment to Human Relations Commission. The Commission is to consider Commissioner Weatherspoon's appointment for a term March 15, 1989, to March 15, 1991. Mr. Weatherspoon moved to reappoint Joe Valentino to the Human Relations Commission to a term ending March 15, 1991, 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. 22. Appointment to Human Relations Commission. The Commission is to consider Commissioner Brainerd's appointment for a term March 15, 1989, to March 15, 1991. Ms. Brainerd moved to appoint Richard Brautigan to the Human Relations Commission to a term ending March 15, 1991, 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. 23. Fire Station No. 2. The Commission is to consider architec- tural renderings and approval to proceed. Robert Currie, architect, presented architectural renderings of the Fire Station which will be located on Andrews Avenue and advised they tried to make it compatible with the neighborhood. Leo Blair, 1152 Lowry Street, a member of the Ad-Hoc Committee, stated he would like to thank the Commission for appointing their committee as they felt it was important they have some input. He also thanked the City Manager and architect for working with them and listen- ing to their input. They would like to ensure, on the record, that there will be a cement wall which divides the Manor House and the new Fire Station and also landscaping. They would also like to make sure that The Grove parking spaces are on private property and that they do not get disturbed in any widening of the street. Upon question by Ms. McCarty, the City Manager advised the budget which was established in 1985 or 1986 was $500,000. This is certainly not adequate and the figure is now $850,000 to $900,000; however, with the budget they have, in addition to the sale of land at Miramar and Venetian, this will offset the cost. Mayor Campbell stated if they do a short term capital program of borrowing they could advance the funds and then reimburse themselves. -10- 3/28/89 Upon question, the City Manager advised the Commission is being asked to authorize the design so that they can submit a site plan and go through P&Z. Upon question by Mr. Weatherspoon, the City Manager advised that the $850,000 does not include the signalization and if they elect to install it, it would be extra. Mr. Weatherspoon stated that the Fire Station looks beautiful; however, he is not convinced that it has to be that exclusive. Mr. Currie advised that a lot of the cost is basic construction and their budget has come out less per square foot than what the average square foot costs have been for the last four or five fire stations done around Palm Beach County. It has to meet a certain need and it is a two story building which will make an impact. Mayor Campbell stated that before he finally approves the site plan, he would ask that the trees on the north perimeter be fast-grow- ing, salt-tolerant trees. It was the consensus of the Commission that the architect can move forward. 24. Settlement Offer. The Commission is to consider a settlement offer between the City and Booi Services, Inc. Assistant City Attorney Kurtz advised there is a settlement proposal before the Commission and also an amendment which was furnished tonight. Basically, the proposal is that the new owners, who will take the property on May 31st, will run the facility as an ACLF. ACLF's are a conditional use within the RM-15 zoning category and there are a few accommodations the City will make to them which they would not normally be allowed to have. The current ACLF zoning regulations would allow 40 bedrooms and the new owner is requesting 41 as they already have that amount and they do not want to make a major modification to the interi- or. They would like to use their current parking facility, which is off-site, to accommodate their parking needs. When they develop the ACLF, they will be expanding the rooms on the south side by eight feet. This will make the interior of those rooms in excess of 400 square feet and they will be able to get two beds per room. They have to bring the rooms up to 400 square feet under HRS guidelines. These requests would ordinarily not be granted to someone coming in for a conditional use request. However, the City Attorney's office feels they can grant and approve these because of the law suit they are involved in. Timing is important on this because the Judge made a motion that it be tried beginning April 17th. Assistant City Attorney Kurtz advised he has a calendar call on March 31st and the Judge will ask him the status of the law suit. He would like to be able to tell him that they have approved the settlement in concept. There is a problem with identifying who the parties are that they are going to enter into this agreement with. Upon question by Mayor Campbell, Assistant City Attorney Kurtz advised he feels it would be permissible for the Commission, because of the settlement nature, to approve the conditional use as outlined in the settlement agreement and then have the site plan reviewed by the Plan- ning and Zoning Board at their May 15th meeting without the necessity of it having to come back to the Commission for final approval. In the interim period of time, while they are doing their reconstruction, they would like to be able to use the property as currently used, but with the bar and restaurant closed to the general public and available only to the tenants of the hotel. The revised agreement indicates that that use would cease under any circumstances on December 1st. He will be asking the Court to retain jurisdiction of this matter to enforce the stipulated order. Mayor Campbell stated if they do not have complete approval, or ready to open the ACLF on December 1st, they must cease operation of the hotel; then there will be nothing but construction going on~ If at any time they cannot open the ACLF, theoretically, they could assign the use to someone else as long as they were within the same parameters. -11- 3/28/89 Assistant City Attorney Kurtz stated that the use of the docks has been questioned. They are asking, by approval of this settlement, that the Commission formally permit the existing docks to remain. The intended use of the docks is for residents and one boat which would be owned by the management and available for residents to take out on cruises. However, it is not meant to be a charter operation. They are in agreement with suggestions that before any resident docked his boat there, they would get permission from the Chief Building Official to do so. Therefore, they will have control over the boats docked there. Elizabeth Matthews, 1024 White Drive, stated the people in the neighborhood are very happy to have this resolution. It has been seven years they have been struggling with this and she would like to express their appreciation to the City Attorney's Office for their efforts in working this out to everyone's satisfaction. Ms. Horenburger moved to approve the stipulation, 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. Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, Assistant City Attorney Kurtz advised the site plan would be approved by the P&Z Board according to the term of the agreement and would not come back to the Commission. They need to close on the property and have all their requisite approv- als in place by May 31st. The earliest P&Z Board meeting is May 15th. If the Commission would like to have the site plan come back before them, he does not think that would be a problem. Mr. Weatherspoon stated he feels the site plan should come back to the Commission and if it means they have to have a special meeting to accommodate this they can. Ms. Horenburger stated they should have the ability to at least have a review of the site plan then they could send comments to the P&Z Board. Assistant City Attorney Kurtz stated he feels there is time to bring it back if the Commission desires to see it again. At this point the roll was called to the motion. 25. Site and Development Plan - Auburn Trace. The Commission is to consider approval of the site and development plan, subject to condi- tions, for Auburn Trace residential development. The City Manager advised the P&Z Board met and considered this item on March 20th and forwarded it to the Commission with 27 conditions which are detailed in the agenda packet. Assistant City Attorney Kurtz stated the 27 conditions look more like 40 to him and it is the consensus of the City Attorney's Office that there would be inherent difficulties in approving the site plan with all the conditions. He believes these things were originally passed on because they were under time constraints imposed by HUD. As the Commission is now aware, HUD has granted some of the modifications they requested, including a June 30th start up date for construction. This gives them some time to look at this a little further and it is his Office's recommendation that it would be appropriate to discuss the site plan today but not pass on it. He finds it difficult to fathom how they can pass on the site plan with more than 40 conditions which staff would then have to monitor and impose, versus bringing it back and having three or four conditions. The City Manager stated it appears they have a little disagree- ment between staff's and the City Attorney's recommendation. Their intent was to not interfere or delay the project and they felt the 27 conditions would allow them administrative flexibility. Mayor Campbell clarified that what the Assistant City Attorney is suggesting is that rather than delaying this, they should have a -12- 3/28/89 general concept approval with a site plan approval coming at a later time. Ms. McCarty questioned who the management company is for the project. A representative for Auburn Trace advised that they are inter- viewing at this time, however, they have not chosen a company. Ms. McCarty stated that when this was approved to begin with, the management of the project was of the utmost importance. When she voted for this project, it was with the understanding that NHP would be the management company and now they are saying they are interviewing. She has a big problem with this change in status. The representative advised that NHP may still be the management company; however, they have done some things which, in his opinion, are inconsistent with partnership and a good working relationship. There- fore, they are looking at other good management firms and when they do decide upon one it will be brought before the Commission for their approval. Ms. McCarty stated that this was a major consideration in selecting who would be taking on this project. The Commission should have been notified immediately of the change of status. Mayor Campbell stated he feels this is a major point and if Ms. McCarty is saying that there is a time constraint within which she is expecting them to have the firm, and they do not fulfill that and she is not willing to pursue the project any further, then they need to work- shop this item. Upon question by Ms. Horenburger, Assistant City Attorney Kurtz advised that Joint Venture had represented previously to the Commission that they were looking at NHP; however, they never presented an agree- ment nor that such an agreement existed. Mayor Campbell stated if a majority of the Commission feels that the management contract should be absolutely firm, and they are not willing to move forward until it is firm, they should get that resolved now. He requested that this item be placed on the next workshop agenda. A representative for Joint Venture stated, with regard to the conditions, they have addressed a lot of them since they have been published. They would like the Commission's blessing tonight on the overall site plan and move forward with the project. Mr. Weatherspoon stated he would not like to hold up the project; however, he questioned if the Commission did not give formal approval tonight, but a conceptual yes, if that would cause them prob- lems as far as meeting deadlines. The representative stated he did not think it would. Assistant City Attorney Kurtz advised what is before the Commission tonight is site plan approval and the platting process is separate. He is suggesting that final site plan approval occur at the same time they get plat approval. It was the consensus of the Commission that they will look at this site plan, see if there are any initial problems and they will delay formal approval of the site plan until the plat is approved. Mr. Kovacs stated he would suggest, if they are going to discuss the management issue at the workshop meeting next week, that they take the next week to look at the five pages of conditions and, if there are any problems, they can discuss them at that meeting. At this time the Commission reviewed the site plan. Ms. McCarty stated that, out of courtesy, they will be giving a copy of the site plan to the West Side Property Owners Association. She -13- 3/28/89 would ask staff to make sure that the owners who are directly affected also get a chance to see it. 26. Site and Development Plan - Diamond Jim's. The Commission is to consider approval, subject to conditions, of a site and development plan for Diamond Jim's, a gourmet catering facility, located on South Federal Highway, just north of Mayfair Plaza. The Planning and Zoning Board recommend approval, subject to the following conditions. It is also recommended that a waiver be granted to accommodate a reduction of right-of-way along S.E. 7th Avenue and a commensurate waiver of sidewalk requirements along S.E. 7th Avenue. 1. Additional landscaping in front of the west elevation to be approved by the CAB. 2. Development of a landscape plan suitable to the City Horticulturist. 3. Drawing showing how drainage will be retained on site. 4. Recording a "unity of title" prior to issuance of building permits. 5. Recording a "limited excess easement" in favor of the City for frontage along S.E. 7th Avenue. 6. Construction of a wall along the east side early in the con- struction process. 7. Areca Palms along S.E. 7th Avenue be preserved. 8. If any Areca Palms are to be moved, irrigation water must be provided east of the wall. 9. The boundary wall be extended westerly along the north property line from S.E. 7th Avenue except this condition may be revisit- ed within 90 days in the event an arrangement to connect the wall to the building to the north is successful. Upon question by Mayor Campbell, the applicant advised the trucks will make deliveries in the back of the facility. They will also be removing some of the Australian Pines at the request of the neigh- bors. Ms. Brainerd moved for site and development plan approval for Diamond Jim's, 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. 27. Conditional Use - Delray Harbor Club. The Commission is to consider a major modification to a conditional use to allow boat rentals at Delray Harbor Club. The Planning and Zoning Board recommend approv- al, subject to the following conditions: 1. Boat rental customers should park in designated guest parking areas. 2. No more than five (5) boats may be allowed in operation. 3. An occupational license be obtained from the City. 4. A permit be obtained from the Corps of Engineers for a floating dock. Ms. McCarty moved to approve the conditional use request, subject to the conditions, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28. Discussion - Evaluation of City Manager. The Commission is to consider the performance evaluation of the City Manager. Mayor Campbell stated that the Commission has turned in an evaluation report and they have had their meetings with the City Manag- er. The general consensus, after his initial review of the reports, seems to be one of satisfactory performance. Discussion followed on what the City Manager has received with regard to cost of living increases and what increase was given to the City Attorney. -14- 3/28/89 Ms. McCarty stated that perhaps they should give the City Manager the same as they gave the City Attorney. Mayor Campbell stated he agrees that the City Manager needs a raise; however, he would be more inclined to give an additional 3-4% and readdress the issue in the summer. Ms. Brainerd concurred and stated she would support a 4% increase, plus the departmental bonus. Mr. Weatherspoon stated, with regard to the department heads, they need to be able to tie the percentage of their increase to a grid which would be directly correlated to whether their performance is satisfactory, excellent, etc. The City Manager stated a 4% increase is acceptable and is a fair assessment. The process itself was very constructive and, he feels, the individual meetings were more positive than the comments reflect on paper. Ms. Brainerd moved to accept the evaluations and give the City Manager a 4% increase retroactive to January 19th, 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. 32. Change Order No. 2 - Homewood Boulevard Landscaping. The Commission is to consider approval of a change order in the amount of $1,555.20 which involves removal and replacement of plant materials and relocation and addition of trees. Mr. Weatherspoon questioned what the problem is that they have to remove and replace the plant materials. Lula Butler, Director of Community Improvement, advised they had a complaint from a resident regarding the type of plant which was put in there as it was going to cause a sight distance problem. The Engineering Department checked this out and agreed. They thought it was a serious enough problem that they give it due process. Mr. Weatherspoon moved to approve Change Order No. 2, in the amount of $1,555.20 for Homewood Boulevard Landscaping, 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. 33. Change Order No. i - City Marina Pier Replacements. The Commission is to consider approval of Change Order No. i in the amount of $17,800 for the City Marina pier replacements project with B.K. Marine Construction, Inc. Funding is available in Account No. 426-4311- 575-60.99. Total new project cost is $122,800. Mr. Weatherspoon stated his concern with this item is that about a year ago some people from Coastal Engineering inspected this facility. It is now being recommended that they replace the pier and he feels this is a lot of deterioration to occur within a year. He ques- tioned if it is the same people who are now saying it needs replaced that are the same ones who inspected it a year ago. Joe Weldon, Director of Parks and Recreation, advised it was the same people and the report did say the pier was in good shape; however, it also said it should be monitored as some of the damage to the piling is unforeseeable. When they got into the construction of the piers themselves, they found damage at both the north and south ends and recommended they be replaced. Mr. Weatherspoon moved to approve Change Order No. 1, in the amount of $17,800, for the City Marina Pier Replacements, 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. -15- 3/28/89 CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 29. Initiation of Annexation - The Extra Closet. The Commission is to consider initiation of annexation of The Extra Closet, located on the east side of Military Trail, just north of the Post Office pursuant to terms of its water service agreement, with initial zoning of SAD, and the Post Office with initial zoning of CF. Approval is recommended. 30. Atlantic Avenue Beautification Phase II. The Commission is to consider authorizing material changes and approve payment in the amount of $2,400 from the 1987 Utility Tax Bond Issue for additional services necessitated by landscape modifications. Approval is recommended. 31. Final Plat - DBO Acres. The Commission is to consider approval of final plat which is to include establishment of gasoline/convenience store on one parcel and a Kentucky Fried Chicken on another parcel. The balance of the overall site is to remain vacant. Approval is recommend- ed. 34. Bond Waiver - Hoover Irrigation. The Commission is to consider a request to waive bond requirements for the Golf Course Irrigation System Improvement Project, holding all payments until the work is completed and accepted. Approval is recommended. 35. Tropic Palms Entrance Sign In City Right-of-Way. The Commis- sion is to consider a request by the Tropic Palms Homeowners Association to place a free-standing entrance sign in the City's median strip on Lindell Boulevard west of Dixie Highway. Approval is recommended. 36. Resolution No. 12-89. Resolution No. 12-89, in support of access by independent free public libraries to State Library operating grants, is before the Commission for consideration. The caption of Resolution No. 12-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION TO PROVIDE FOR ACCESS BY INDEPENDENT FREE PUBLIC LIBRARIES TO STATE LIBRARY GRANT FUNDING SOURCES. (Copy of Resolution No. 12-89 is on file in the official Resolution Book) 37. Resolution No. 13-89. Resolution No. 13-89, assessing costs for abatement action required on 68 parcels of property at various locations throughout the City, is before the Commission for considera- tion. The caption of Resolution No. 13-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 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. 13-89 is on file in the official Resolution Book) 38. Resolution No. 16-89. Resolution No. 16-89, supporting the GFOA efforts to urge the Florida Legislature to provide adequate sources -16- 3/28/89 of funding for mandates placed on local governments, is before the Commission for consideration. The caption of Resolution No. 16-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE LEGISLATURE OF THE STATE OF FLORIDA PASS LAWS PROVIDING SOURCES OF FUNDING FOR THE RECENT AMENDMENTS TO CHAPTER 121, FLORIDA STAT- UTES AND FOR THE IMPLEMENTATION OF CHAPTER 163, FLORIDA STATUTES, AND TO PURSUE OUR AMENDMENT TO THE CONSTITUTION OF THE STATE OF FLORIDA THAT REQUIRES THAT ANY FUTURE LEGISLATION MANDATING ACTION BY A UNIT OF LOCAL GOVERN- MENT, WHEN SUCH ACTION PLACES A FINANCIAL BURDEN ON THE UNIT OF LOCAL GOVERNMENT, WILL PROVIDE A SOURCE OF FUNDING SUFFICIENT TO COVER THE COSTS OF SUCH ACTION WITHOUT THE REQUIREMENT FOR A REFERENDUM BY THE UNIT OF LOCAL GOVERNMENT. (Copy of Resolution No. 16-89 is on file in the official Resolution Book) 39. Award of Bids and Contracts. A. Proposal from Post, Buckley, Schuh and Jernigan, Inc. - $19,600 for engineering services in preparation of a Preliminary Design Report for modifications to the Master Lift Station located at Veterans Park with funding to come from Account 441-5161-536-16.92. B. Renewal of Service Agreement for Administrative Services Only Contract with American General Group Services Corporation - $308,312 for FY 1988-89 with funding to come from Accounts 555-34.64, 555-34.67, 555-34.68, 555-34.66 and 555-34.69. C. Purchase of two Konica 3290 copy machines from Danka Industries by the Police Department - $10,500 with funding to come from Account 112-2171-521-60.89. Ms. Horenburger moved to approve the Consent Agenda, as modi- fied, 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. 40.A.1. Mr. Weatherspoon stated that some time ago it was brought to his attention that they were turning over the responsibility of using the Catherine Strong Center for activities to the County. Several individuals have approached the County to try and obtain the use of the Center and have been told that the City is responsible; however, when they ask the City they are being told it has been turned over to the County. He questioned if they have formally turned this over to the County. Mr. Weldon stated they have. The County leases the Catherine Strong Center for their Headstart program and it was felt it would be better for them to coordinate the activities rather than the City. He did not realize there was a problem and will look into this. 40.A.2. Ms. Horenburger stated she attended her last Treasure Coast Regional Planning Council meeting last week. Mayor Campbell has been named as the alternate member to the Council. 40.A.3. Ms. Horenburger questioned a memo they received March 14th regarding a request for an opinion concerning competitive bidding for grants administration consulting services and when they anticipate a resolution to this matter. She thought they had approved this and they had begun to do business. -17- 3/28/89 The City Attorney advised they have resolved it as a sole source. They have finished the written contract and it is accomplished subject to execution. 40.A.4. Ms. Brainerd stated she read last week that the County had found some violations in their ordinance regarding the adult book store. Their Code Enforcement people are now active in the area and she ques- tioned if it might be timely for the City Manager or Mayor Campbell, on behalf of the Commission, to draft a letter to the County Commissioners asking if the Sheriff's Office could increase their patrols on North Federal Highway. The City Manager suggested that Mayor Campbell write to the Commissioners and he will write to the County Administrator. 40.A.5. Ms. Brainerd stated that Mayor Campbell is actively lobbying Chief Justice Hurley for a jury district in this area. She questioned if a formal resolution of support, on behalf of that action, may be timely from this Commission. 40.A.6. Ms. Brainerd stated that last weekend she saw some semi-trucks still on Atlantic Avenue. They passed an ordinance prohibiting them and questioned if they are waiting for signage. Frank Spence advised there was some problem with the State DOT on the wording. Gates Castle stated they just finished the signage for the truck route, they have been distributed to the DOT, the Police Department and the Streets Division to start manufacturing the signs. It will probably be the later part of April before the signs are actual- ly in place. 40.B. There were no Non-Agenda items by the City Attorney. 40.C. The City Manager advised they would like to have a work session tomorrow night at 7:30 P.M. on the Comp Plan. Mayor Campbell declared the meeting adjourned at 9:45 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 March 28, 1989, which minutes were formally approved and adopted by the City Commission on~c~ ~./~ . City dlerk 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. -18- 3/28/89