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05-23-89 MAY 23, 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 7:05 P.M., Tuesday, May 23, 1989. 1. Roll call showed: Present - Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner William Andrews Also present were - City Manager Walter O. Barry and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Arthur Arvay, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager stated there is an additional Item No. 23.A., which is a nomination to the Planning and Zoning Board by Ms. McCarty. Ms. Brainerd requested that Item No. 37 be moved from the Consent Agenda and placed at the end of the Regular Agenda. Mayor Campbell requested that Item No. 30 (Enclave 50) be moved to the beginning of the Regular Agenda. Ms. McCarty moved to approve the agenda, as modified, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 5. Ms. McCarty moved for approval of the minutes of the Regular Meeting of April 11, 1989 and Special Meeting of May 2, 1989, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 6.A. Mayor Campbell read and presented a proclamation to Mr. Thomas Johnson a.k.a. "Peanut Man" in recognition of his community spirit and in celebration of his 80th birthday. 6.B. Mayor Campbell read and presented a proclamation to Mr. Carl Bolter in recognition of his contributions to the development of Tropic Palms and Tropic Isle. 6.C. Mayor Campbell read a proclamation proclaiming the week of June 4th through June 10th as "National Safe Boating Week". 6.D. Mayor Campbell read a proclamation recognizing the month of June 1989 as the 50th Anniversary of the U.S. Coast Guard Auxiliary. PUBLIC HEARINGS 7. COMPREHENSIVE PLAN. Mayor Campbell pointed out that there will be no vote tonight because Commissioner Andrews requested that he be able to participate in this on May 30th. A Public Hearing on the Comprehensive Plan has been scheduled to be held at this time to allow an opportunity to make any changes to the document deemed appropriate prior to forwarding it to the State Department of Community Affairs. Following review by the State and other agencies, another formal public hearing must be held prior to adoption. Mayor Campbell stated there is a list of topics that have been raised at the Planning and Zoning Board and suggested these be discussed in numeric order, as follows: 1. Delray Town Center, Land Use Map Designation Change. Bob Basehart, representing this item, spoke in favor of chang- ing the proposed designation of the Comprehensive Plan for a portion of the twenty-acre parcel (ten acres located between the approved Albertson Center and the Shadywoods Development) at the intersection of the N.E. corner of Linton Boulevard and Military Trail. The request is for the designation to be changed from Office to Commercial to accommodate a rezoning request for the property to the LC zoning category to expand the center. Carol Thompson, who prepared the original Market Analysis study for this project in 1985, gave a short synopsis of her research and current update. The following persons spoke against the designation change: Helen Coopersmith, J.P. Martel, Hugh Clinton and Norman Ross. 2. Swinton Avenue, Classification and Beautification. Ann Fulton and Gene Fisher, Co-Presidents of the Old School Square Historic District Property Owners, stated they also represent Lake Ida, Del Ida, Dell Park and Pineapple Grove. They gave a short slide presentation to show the Commission and the community why they are requesting more than the $100,000 proposed in the Comprehensive Plan for the classification and beautification of Swinton Avenue. 3. School Policies - Objective D of the Land Use Element. David Kovacs, Director of P&Z, reminded the Commission they were given a copy of a letter from the School Board commenting upon the policies and the plans they feel are acceptable, those that would be acceptable with modifications and some policies they have identified as not acceptable. Direction is required from the Commission on how to address these comments. 4. Atlantic Avenue Redevelopment Area, Policy C-2.4 Land Use. Deborah Wright, representing the West Atlantic Avenue Property Owners Association, requested that certain items and verbiage be omitted and others added in Policy C-2.4. She also feels if the City is to be the "Village by the Sea" as stressed in Visions 2000, large scale development should be eliminated in the West Atlantic Avenue area. 5. Auto related uses - Policy A-2.4 Land Use Amendment. David Schmidt, member of the P&Z Board (but not speaking on their behalf), stated since the meeting on Monday night, Mr. Kovacs has drafted compromise language to clear up some misunderstanding. He would like to clarify the language in the second asterisk item in the last sentence to read: "However, automobile dealerships south of N.E. 4th Street and east of Federal Highway may expand onto adjacent property, which is currently in an auto-related use and which is zoned to allow such use. Automobile dealerships south of N.E. 4th Street and east of Federal Highway may expand onto adjacent property which is currently in an auto-related use and zoned to allow such use." The consensus of the Board was that they did not want dealerships expanding onto vacant land, except those that are presently in an auto-related use. Robert Federspiel, representing the Delray Beach Automobile Dealers Association, stated, in viewing the Comprehensive Plan, his philosophy is that a Comprehensive Land Use Plan should be adopted that does not require continuous amendment and allows the flexibility to react to the change in circumstances that may occur. Having a restric- tion on development on the east side of North Federal Highway for automobile purposes would foreclose that option and put the Commission in a position where there is a continuous reaction to try to accommodate a good auto dealership. That would take at least one year to go through -2- 5/23/89 a Comprehensive Land Use Plan Amendment. He requested that the Commis- sion consider carefully adopting a regulation attacking one use. He feels the Commission should keep that control in their hands rather than abdicate the ability to change quickly and react to proposals that come before the Commission, opposed to sending it to Tallahassee and having it go through the long process required. However, the Association would support the compromise language that Mr. Schmidt read, if the Commission is intent on changing and restricting to some extent. The Association would prefer that it not be in the Comprehensive Land Use Plan, but rather at the discretion of the Commission on a case by case basis. The following persons spoke in favor of the P&Z Board recommen- dation: Charles Smith, Jean Beer, Paul Smith, Marian MacLeod and Robert French. 6. Lillian Feldman re Homewood reconstruction and widening. Lillian Feldman stated Homewood Boulevard is a collector road in serious need of reconstruction, repaving and widening and she is requesting that the Commission consider this carefully. 7. Pineapple Grove - support for P&Z recommendation (Patterson and Radon). Dottie Patterson and Norman Radon spoke in favor of the P&Z recommendation and requested consideration from the Commission. 8. Housing Element funding - support for P&Z recommendation "(Stokes, Chairman of Housing Task Team). Mr. Stokes requested the consideration of the Commission in support of the recommendation of the Planning and Zoning Board as it relates to a change in the funding for the Housing Element of the Comprehensive Plan. However, he is requesting the Commission for an amount of $650,000 that was originally recommended. If this is not agreeable with the Commission, he is requesting a front loading be considered, in that the full level of funding would be restored for several years of the plan and then decrease gradually over time. 9. Sam Cracchiolo, Land Use Map designation change. Sam Cracchiolo stated he is requesting that the property located at the N.W. corner of Congress Avenue and Lake Ida Road be allowed to remain zoned POC as opposed to the proposed Land Use Plan to change that use from office to residential. He feels this is not an appropriate location for residential as it is a major intersection. 10. Carol Stanley, Blood's Grove, Land Use Map designation. Carol Stanley, Attorney representing the applicant, stated the P&Z included the Blood property in the Land Use Plan as a Planned Resort Community with amenities integral to the project. She requests the consideration of the Commission in support of this. 11. Marina Cay, Land Use Map designation (Saberson/Kelly). Roger Saberson stated when Ordinance No. 159-88 was adopted, creating a large scale mixed use designation, an allocation on this property was part commercial and part residential. It was agreed when the new plan was prepared that the commercial allocation would increase to two acres and the ratio for that would be .75 and the balance of the project would be residential multi-family. They are requesting that the Commission continue that direction. 12. Michael Conners, Yake property (17-acre parcel). Michael Conners, representing Mrs. Yake, stated he is request- ing the Commission to adopt the recommended changes of the Planning and Zoning Board. To be consistent with the P&Z recommendations, he is requesting a clarification of the open space, the recreational element and the conservation element. He is also requesting that there be a clarification that, in the mixed use designation, the environmentally -3- 5/23/89 sensitive land will be identified in the development review process based on jurisdiction of DNR, DER, the Army Corps of Engineers, etc. 13. Michael Conners, Dorson Property, Land Use Map designation. Michael Conners, representing the owners, stated this property is located at the corner of Lake Ida Road and Congress Avenue. When this property was annexed, it was zoned commercial in the County. The City divided it into a north and a south parcel and the proposed plan is for both parcels to be zoned transitional. He is requesting that the southern parcel located on Congress Avenue be designated General Commer- cial. The northern parcel can remain transitional. 14. Kay Larch, area west of Barwick, east of Military Trail. Kay Larch stated she is speaking in response to the plat approval granted in February for the Barwick Road Subdivision which is the first time the residents in the County living east of Military Trail were notified about a proposed road that might be built. There is no reflection on the Comprehensive Plan for agricultural zoning. She advised the residents have not made a request for a road, water or sewer and yet the City has designated these services for them through future planning. She requested the Commission consider this very carefully, as they really do not care for the City services, but would like to keep the area just as it is now. 15. Margaret Ehrmann, Tropic Palms, funding for interpretative trail at Tropic Palms scrub land. There was no speaker for this item. 16. Roger Saberson, deletion of Land Use Policy A-1.4. Mr. Saberson questioned how the City planned to use the SAD Zoning District in the future under this plan. In the past, it has been used as a floating zone that can be applied anywhere in the City with any uses the Commission determines are appropriate. If this plan is adopted in its present form, he feels the City will not be able to use it as in the past. This has been very useful in the past in situations where there is a good project that the Commission would like to approve, but does not fit into any existing category. He also would like to speak about Commercial rezonings. The policy indicates that, except in redevelopment areas, no changes to the future Land Use Map and/or rezonings to retail commercial use shall be allowed unless a market study conclusively demonstrates a compelling need. In his opinion, a market study will never prove that; and, he feels this is a prohibition on retail commercial zonings and further limits the location to inter- sections of arterial roads. He requested that the Commission give consideration to these policies. 17. Jean Beer, Street Reconstruction priorities, other items. Jean Beer stated there are 41 streets listed to be reconstruct- ed in the bond issue for the two million dollars, a result of a 1985 study. A later study will be completed in June, 1989, with an addition- al million dollars in the bond issue for reconstruction; however, she is requesting that the two studies be melded and allow the streets with the greatest need to have priority. 18. Art Jackel, general matters. Art Jackel, Rainberry Bay, speaking on behalf of the United Property Owners Taxpayers Group, stated he has two thoughts to present to the Commission. First of all, the group feels if the money for the projected widening and beautification of Lake Ida Road and West Atlantic Avenue is placed in escrow, the residents living in this location will be reassured that this will be accomplished regardless of the delay. Secondly, since Congress Avenue between Lake Ida Road and Atlantic Avenue has been a main corridor leading from the Atlantic Avenue exit of 1-95 to the northwest corner of the City, his neighbors were amazed that it was not included in the Comprehensive Plan now that the area lies within City boundaries. He feels this should be given consideration. -4- 5/23/89 19.1. Others. David Nathanson, speaking for the Historic PreserVation Board, commented that at their meeting last Thursday they voted on a matter concerning the alleys located in the Old School Square Historic Dis- trict. They feel it is very important that the Comprehensive Plan include the fact that the City shall not abandon these alleys. Their request is for all the existing north/south alleys parallel to Swinton Avenue and the Old School Square Historic District be considered in the Comprehensive Plan, that they all be preserved for future development and that none be abandoned. 19.2. Roger Saberson, representing Sherwood Honda, stated this pro- perty located north of Lindell Boulevard on the west side of Federal Highway is in an area where automobile policy is consistent with having automobile use located there, and they are requesting that the City designate this property for automobile use rather than placing it in a redevelopment area. At this time Mayor Campbell asked for consideration for a request for a Land Use Map change on each of the items. After discus- sion, it was the consensus of the Commission that all of the above items be placed for consideration. Ms. McCarty requested that the Commission relook at Page III-G-14, Policy A-1.2, Page III-G-32 with regard to Land Use Bound- aries, and Page III-G-39 with regard to the on-hold for six months, to get clarification that the Commission agrees and understands. The Public Hearing was closed. Mr. Kovacs gave a detailed report of recommended changes that have come up during the past week to be considered by the Commission. Mayor Campbell stated the Comprehensive Plan discussion will be continued by the Commission to a vote next week. 8. Ordinance No. 28-89. Ordinance No. 28-89, voluntary annexation of the Extra Closet located on the east side of Military Trail, approxi- mately 2,750 feet north of West Atlantic Avenue, with an initial City zoning of SAD, 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. 28-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD, APPROXIMATELY 2,750 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SAD (SPECIAL ACTIVITIES) DISTRICT; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; 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. 28-89 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. -5- 5/23/89 Mr. Weatherspoon moved for the adoption of Ordinance No. 28-89 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. 9. Ordinance No. 29-89. Ordinance No. 29-89, voluntary annexation of the U.S. Post Office located on the east side of Military Trail, approximately 2,240 feet north of West Atlantic Avenue, with an initial City zoning of CF, 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. 29-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON THE EAST SIDE OF MILITARY TRAIL, BETWEEN WEST ATLANTIC AVENUE AND LAKE IDA ROAD, APPROXIMATELY 2,240 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 29-89 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. Ms. McCarty moved for the adoption of Ordinance No. 29-89 on Second and FINAL 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. 10. Ordinance No. 34-89. Ordinance No. 34-89, pursuant to the Commission's November 15, 1988 workshop, authorizing the Planning and Zoning Board to grant variances associated with the Congress Avenue widening project, 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. 34-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 17, "LAND USAGE", CHAPTER 172, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 173.921, "CONGRESS AVENUE WIDENING DEVELOPMENT REGULATIONS"; PROVIDING A MECHANISM TO LESSEN THE IMPACT OF THE CON- GRESS AVENUE WIDENING PROJECT ON EXISTING DEVELOPMENT; PROVIDING CRITERIA FOR ELIGIBLE PROPERTIES; PROVIDING POWER FOR THE PLANNING AND ZONING BOARD TO GRANT CERTAIN VARIANCES; PROVIDING THAT THIS ORDINANCE SHALL HAVE NO EFFECT BEYOND A CERTAIN DATE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-89 is on file in the official Ordi- nance Book) -6- 5/23/89 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. Brainerd moved for the adoption of Ordinance No. 34-89 on Second and FINAL Reading, seconded by Mr. Weatherspoon. 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. 11. Sale of City owned property. The Commission is to consider the sale of a ten foot strip of land lying westerly of and directly abutting Lot 3, Block K, John Reid's Village. Prior to consideration of the sale of this property, a public hearing has been scheduled to be held at this time. 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 approval of the sale, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC COMMENTS 12.1. Dr. Michael Ehrmann, 885 S.E. 6th Avenue, stated he would like to clarify some points regarding the Chiropractor/City Physician issue. I~ his opinion, the City is in violation of State Statutes 440 and 460, regarding Workmen's Compensation. Staff memos clarify there is no criteria established by the City for the appointment of City physicians; therefore, he feels Dr. Swartz's reappointment, without criteria, when viewed in conjunction with the non-consideration of a Chiropractor without an RFP, is blatantly discriminatory. He commented that Staff's concern relative to an elevated liability risk resulting from misdiag- nosis should a Chiropractor be consulted is ridiculous and discriminato- ry. All insurance companies operating in the State of Florida must, by law, agree to pay for Chiropractor services or they cannot do business in the State. He feels his proposal is sound and beneficial to the City and its employees and hopes the Commission, who originally voted unani- mously to consider adding a Chiropractor as City Physician, remains objective and allows this appointment. 12.2. George Rochford, 2129 S.W. 35th Avenue, stated the Plat pre- sented to the Commission is of a development of Oakmont located east of Blood's Grove. Four of the lots at the rear of a small City-owned Park are for sale. He feels it would be in the interest of the City to purchase these lots and add them to the existing park. 12.3. Gene Slattery, 1227 N.W. 4th Avenue, requested that someone form a group to work with the Police Department in order to obtain proper direction to assist the Policeman on the Street to upgrade attitude and morale. FIRST READINGS 13. Ordinance No. 35-89. Ordinance No. 35-89, amending Chapter 155, Electrical Code by adopting the National Electric Code 1987 Edi- tion, is before the Commission on First Reading. If approved, Public Hearing will be held June 13th. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the Chair. The City Manager presented Ordinance No. 35-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS', CHAPTER 155, "ELECTRICITY" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 155.02, "ELECTRICAL CODE ADOPTED BY REFERENCE", -7- 5/23/89 TO PROVIDE FOR THE ADOPTION OF THE NATIONAL ELECTRIC CODE, 1987 EDITION; PROVIDING A REPEALER CLAUSE; PROVID- ING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 35-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 14. Ordinance No. 37-89 - Request for Rezoning. Ordinance No. 37-89, requesting approval for rezoning the Corniche property located on the east side of U.S. Highway No. 1 between Linton Boulevard and S.E. 10th Street from POC to SAD is before the Commission on First Reading. If approved, Public Hearing will be held following Planning and Zoning Board's review of the revised site plan. The City Manager presented Ordinance No. 37-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING ALL OF THE CORNICHE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 53 AT PAGE 28 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO. 1, APPROXIMATELY 650 FEET SOUTH OF S.E. 10TH STREET; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 37-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis- sion voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. REGULAR AGENDA 30. Schedule for Processing Enclave 50. The Commission is to consider approval of a schedule for the early annexation of Enclave 50. The City Manager stated this ordinance is pursuant to a sugges- tion made last week that a schedule be developed for the implementation of the annexation of Enclave 50. The Commission had requested comments from the owner of the former Chamberlain property with whom a verbal agreement was made that an annexation would occur in November. With action tonight, annexation can be accelerated. Roger Saberson, representing Morse Cadillac, stated that Mr. Morse will be closing on property south of LaMat Avenue soon and pur- chasing Mr. Chamberlain's Toyota and Mazda Dealership. The agreement that pertains to the area south of LaMat is a written agreement pertain- ing to annexation to occur in November. They have been told that in the event their applications be filed by June 2, the site plan and condi- tional use approval could occur simultaneously with the annexation action, which is most agreeable with Mr. Morse. Ms. Brainerd moved for approval of the accelerated schedule for processing Enclave 50, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 15. Amendment to UDAG Agreement - Auburn Trace. The Commission is to consider an amended agreement between the City and UDAG. Mayor Campbell returned to the Commission Chambers at this time and took the Chair. 8 5/23/89 Assistant City Attorney Kurtz advised the main reason for the trip to Atlanta to discuss the agreement with HUD officials was due to an inquiry by the joint venture as to whether or not they could share in a 12 percent non-cumulative return which did not affect the proceeds the City would get. HUD felt the joint venture was a fee developer, which means they get their money up front. They will be receiving approxi- mately one million dollars and HUD felt they should not share in the cash flow from the project to an extent greater than their ownership interest, which will be five percent throughout the life of the project. HUD officials then informed them there were a couple of paragraphs missing from the agreement. He is requesting the Commission approve the agreement but the document will need to be amended to state that the excess syndication proceeds, which would be coming to the City, will be held in escrow until such time as the project is completed. The other item is to make it clear that of those excess syndication proceeds, 10 percent would go to the developer and 90 percent to the City. Finally, there is a provision in the UDAG Agreement that says 50 percent of those proceeds shall be applied to a UDAG principal repayment and 50 percent shall be held for contingent interest. The joint venture partnership has requested that, in the event there is negative cash flow from the project after the sixth year, that the proceeds "shall" be applied to the UDAG principal repayments. HUD, as well as the City, did not have a position on it. Upon question by Ms. McCarty, Assistant City Attorney Kurtz advised his recommendation, from a legal standpoint, is that it is always better to have a choice to make that decision depending on the circumstances at that point. Tom Henners, representing the Auburn Trace Joint Venture, stated when the verbal agreement was reached with HUD Staff with respect to the amended Grant Agreement, the Agreement was that half of these excess syndication proceeds that would go to the City "may" be applied to the debt service after the fifth year, if they were operating at a cash flow deficit at that time. When the Grant Agreement arrived and he observed that the word said "may", he was advised by HUD Staff that the intent certainly was that it should have said "shall", and that they would call the City Staff and advise them of the intent of the Agree- ment. The City Staff has indicated that the intent was indeed to apply these monies to the principal if the joint venture was still operating at a cash flow deficit at that point in time. Ms. Brainerd questioned why the Commission was not a party to the negotiations of the agreement between HUD and the Joint Venture if the City was to have the final say. Assistant City Attorney Kurtz stated that the City was informed of the negotiations, but did not participate. He advised it is beneficial to the City to keep the wordage "may" and it is within the purview of the City to do so. Ms. McCarty moved to deny the request to change the wordage from "may" to "shall", seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had. Mr. Weatherspoon expressed concern that a future Commission may not be as committed to the project. The City Manager advised if the project were not to be fiscally sound, the City would take it over. At this point the roll was called to the motion. Ms. Brainerd moved to approve the Agreement with the changes indicated by Assistant City Attorney Kurtz relative to the escrow of monies during the construction time period and specifically setting forth that 10 percent of the excess syndication proceeds will go to the Joint Venture, 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. -9- 5/23/89 16. Amendment to Auburn Trace Contract. Approval of the amended contract which reflects the change of developer and dedicates an addi- tional 25 feet of property identified as right-of-way for the project is before the Commission for consideration. Ms. McCarty moved for approval, 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. 17. Site and Development Plan Approval - Auburn Trace. The Commis- sion is to consider an update of the site and development plan for the proposed Auburn Trace Housing Development. Upon question by Mr. Weatherspoon whether or not the site upon which the basketball court, etc., is located will be included as part of the Auburn Trace project, Mr. Kovacs stated the basketball court will be demolished or removed and the area will become part of the drainage retention area. Mr. Weatherspoon commented this recreation area is used by a considerable number of children and feels that serious thought should be given for some type of replacement. He also requested that the landscaping include something to camouflage the outside of the chain link fence as well as the inside. Upon question by Ms. McCarty, Assistant City Attorney Kurtz advised that the anticipated final site plan and plat approval, as well as the review for final closing, will be on the June 13th agenda. Ms. McCarty questioned if the fence formerly viewed at the Briscoe property could be considered. Mr. Henners stated quotes on the cost of that particular style of fence are being reviewed and, hopefully, can be incorporated into at least a portion of it in addition to the chain link. Assistant City Attorney Kurtz stated there are provisions in the current Code of Ordinances that the approved landscaping must be replaced and maintained and the Code Enforcement Board is for violations of this nature. However, if the Commission desires, some faster means of enforcing that type of failure can be included by making a provision of default and putting it in the mortgage and note on the property, if Mr. Henners is in agreement. Mayor Campbell urged staff to review any suggested changes in order that this project meets all requirements and can be done in a timely manner, even if it requires Special Meetings. 18. Interlocal Agreement between the City and Palm Beach County. The Commission is to consider approval of an interlocal agreement between the City and Palm Beach County which provides that City code enforcement officers can enforce County Ordinances in County pockets along Federal Highway. Ms. Brainerd moved for approval, 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. Before roll call the following discussion was had: Mr. Weatherspoon questioned the fact that only North Federal Highway was singled out rather than all County Pockets. Assistant City Attorney Kurtz stated Enclave 50, which will be annexed shortly, has a time frame that would prevent the City from coming before the County Code Enforcement Board if those procedures were ever instituted. The only remaining pocket is the Hardrives area, which did not present any code enforcement problems. The County Commission passed this agreement in concept, but suggested the City do this in boundary fashion, opposed to lot and block description the City used. The area encompassed is bordered on the west by the City of Delray, on the East by Gulfstream and on the north by Boynton Beach. At this point the roll was called to the motion. -10- 5/23/89 19. Summer Hire a Youth Program. The Commission is to consider approval of a City sponsored, seven week, Summer Hire a Youth Program. Mr. Weatherspoon moved for approval, 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. 20. Agreement between the City and Private Industry Council. The Commission is to consider approval of an agreement with the Private Industry Council authorizing the City to be used as a work site for the Summer Youth Employment Training Program. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. 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. 21. Appointment to the Human Relations Committee. The Commission is to consider the Mayor's appointment of a member to the Human Rela- tions Committee for a term ending March 15, 1991. Mayor Campbell recommended the appointment of H. Ric Zazzi. Ms. McCarty moved for approval, seconded by Mr. Weatherspoon. 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. 22. Appointment of an Alternate to the South County Council of Government. The Commission is to consider appointing an alternate to the South County Council of Government. Mr. Weatherspoon moved for approval of the appointment of Bill Andrews as an alternate to the South County Council of Government, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. Appointment to the Board of Adjustment. An appointment to full the unexpired term of David Klarer ending March 15, 1992, is before the Commission for approval. Ms. McCarty moved for approval of Anthony Veltri as a regular member to the Board of Adjustment, seconded by Mr. Weatherspoon. 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. 23.A. Appointment of a Member to the Planning and Zoning Board. The Commission is to consider Ms. McCarty's appointment of a member to fill the unexpired term of Bill Andrews ending September 28, 1990. Ms. McCarty moved for approval of Larry Parker to the Planning and Zoning Board, 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. 24. Conditional Use and Attendant Site Plan Approval - Wallace Dealership. The Commission is to consider the approval of a major site plan modification and conditional use for the Wallace Dealership located on the north side of S.E. 10th Street between northbound and southbound Federal Highway, subject to the following conditions: 1. Obtaining a Variance from the Board of Adjustment from Section 173.510(A) (7) (d) for the loading area location or an opinion from the Chief Building Official and/or City Attorney that a variance is not required. 2. Recording of a Final Plat prior to issuance of a Certifi- cate of Occupancy. -11- 5/23/89 3. Providing verification that dead end water system meets minimum fire flow requirements. 4. Providing documents privitizing existing utilities within the 16 foot alley. 5. Submittal of a revised site plan addressing the following: Provide center line pavement markings along the drive to the southeast of the five future service bays. Provide an additional 16 employee parking spaces (See discussion under Standard ~2 Conditional Use Analysis). Provide "Left Turn Only" signs instead of "No Right Turn" at ingress and egress to Federal Highway. 6. Submittal of revised Water and Sewer Plans addressing the following: Provide location of water meters, grease traps and backflow preventers. 7. Submittal of revised paving and Drainage Plans addressing the following: Provide stop bars at all exits. Ms. Brainerd moved for approval, subject to conditions, second- ed by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 25. Acceptance of Easement Deed. The Commission is to consider approval of an easement deed in order to provide public water and sewer system access to the proposed Pier I project. Mr. Weatherspoon moved for approval, 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. 26. Final Plat - Pier I. The Commission is to consider approval of a final plat for Pier I store to be located on the east side of Federal Highway, between Dumar Plaza and the South Delray Shopping Center. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. 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. 27. Request for Waiver of Conditions. The Commission is to consid- er approval of waiving sidewalk and pavement requirements for the proposed Delmar Woods subdivision located on the south side of Germantown Road, north of the L-37 Canal and west of the Andover Subdi- vision. Mr. Weatherspoon moved for approval, 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. 28. AT&T Over.payment Issue. The Commission is to consider the approval of authorizing staff to participate in a joint defense against AT&T by cities throughout the State of Florida. The City Attorney advised that first the City is going to participate with the league in doing the research and, secondly, to maintain the position that the City will not be doing the refund. Ms. McCarty moved to authorize staff to participate, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. -12- 5/23/89 Before roll call the following discussion was had: Mr. Weatherspoon questioned how the conclusion was reached that the City does not owe this money. The City Attorney stated that AT&T miscalculated when they paid monies voluntarily, the City relied upon that when formulating the budget as a source of revenue, and therefore, the City is not obligated to refund it. The City Manager stated the item is basically on the agenda for the purpose of supporting other municipalities throughout the State, as hundreds of thousands of dollars are involved on a fiscal impact. Mr. Weatherspoon stated his feeling is that the City should attempt to negotiate without having to go to court. At this point the roll was called to the motion. 29. Acceptance of Settlement - Abel Garcia. The Commission is to consider acceptance of a settlement offer from Abel Garcia and approve the final payment in the amount of $26,139.30. Ms. Brainerd moved for approval of the settlement, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. 31. Independence Day (Fourth of July) Celebration. The Commission is to consider approval of the Fourth of July celebration fire works, transfer of funds and approval of staff overtime. Ms. McCarty left the Commission Chambers at this time. Ms. Brainerd moved for approval of authorization of funding, seconded by Mr. Weatherspoon. The City Manager stated the Ohio Fireworks Company is being recommended at $20,000 for a 20-25 minute show. Upon question relative to total shells and sizes, Assistant City Manager Barcinski stated by taking the total number of shells, even omitting the smaller ones, Ohio Fireworks still has more shells in the range of three inches down, than the other two companies. He also stated the fireworks show will be on the beach and trolley service, at a cost of $3,000, will be provided up Atlantic Avenue from the City parking lots. Ms. Brainerd amended her motion to authorize the funding up to $25,000, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. Before roll call the following discussion was had: Upon question by Ms. Brainerd with regard to the private request for funding, Assistant City Manager Barcinski responded that nine private corporations or companies were reached, with a reply of 6 "maybe's" and three definite "no's" received to date. Ms. McCarty returned to the Commission Chambers at this time. 37. Street Renaming. The Commission is to consider approval of the renaming of Coconut Road (Row) to Kyle Lane. Ms. Brainerd questioned the renaming, as it is her understand- ing the City has become accustomed to selling as opposed to giving away in order that it can be named after someone. Frank Spence, Director of Development Services, commented it was late in getting on the list of names the Commission had authorized. The Fire Department called it to their attention that there are two Coconut Roads and they asked staff to review which one should be changed. Upon evaluation of the roads, it was learned one had 12 houses and the other only had four. The four residents were contacted explaining the conflict and the proposal to change their street name. Ms. Brainerd suggested this road be made number one for the Old School auction of 1990, rather than possibly causing two name changes. -13- 5/23/89 Since it has existed as a duplicity of name for quite a long time, she feels the risk in leaving it for another year would be small. Ms. Brainerd moved to delay the renaming of Coconut Road and make it number one for next year's Old School Square auction. The motion failed for lack of a second. Ms. McCarty moved to delay the naming of Coconut Road for a period of twelve months and then relook at it, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 32. Contract Negotiation for Auditing Services. The Commission is to consider authorizing staff to negotiate a three year contract with Ernst and Whinney for general auditing services and a contract to perform one-time audits for the CRA, Golf Course and Mausoleum. Approv- al is recommended. 33. Disp.osition of Surplus and Obsolete Items. The Commission is to consider authorizing the Public Utilities Department to auction off surplus and obsolete equipment by sealed bid. Approval is recommended. 34. Change Order No. 3 Head Works Odor Control System. Ratifica- tion of South Central Regional Wastewater Treatment and Disposal (SCRWTD) Boards action approving Change Order No. 3 to the contract with Q&Q Inc. for construction of a head works odor control system at the SCRWTD Plant is before the Commission for consideration. Approval is recommended. 35. Change Order No. 2. An increase in contract price for the Allen Avenue and West Atlantic Avenue Sanitary Sewer System improvement project in the amount of $16,765.75 is before the Commission for consid- eration. Approval is recommended. 36. Final Payment - Onontario of Palm Beach Inc. The Commission is to consider approval of a final payment to Onontario of Palm Beach Inc. for the Allen Avenue and West Atlantic Avenue Sanitary Sewer System Improvement project in the amount of $16,589.42. Approval is recommend- ed. 38. Transfer of Funds. The Commission is to consider approval of a re-appropriation of the lapsed 1987-88 Community Development Block Grant Fund to the 1988-89 Community Development Block Grant Fund. Approval is recommended. 39. Waiver of Administrative Fees for City Pr.ojects. Approval of a policy waiving administrative fees, site plan review fees, CAB review fees, variance fees and building permit fees for City projects is before the Commission for consideration. Approval is recommended. 40. Resolution No. 15-89. Resolution No. 15-89, assessing costs for nuisance abatement action required on 64 parcels throughout the City, is before the Commission for consideration. The caption of Resolution No. 15-89 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 -14- 5/23/89 SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 15-89 is on file in the official Resolution Book) 41. Resolution No. 22-89. Resolution No. 22-89, assessing costs in the amount of $1,980.00 for abatement action required to remove an unsafe building on property located at 1210 Germantown Road, is before the Commission for consideration. The caption of Resolution No. 22-89 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. 22-89 is on file in the official Resolution Book) 42. Resolution No. 23-89. Resolution No. 23-89, a~ssessing costs in the amount of $2,143.90 for abatement action required to remove an unsafe building on property located at 17 S.W. 13th Avenue, is before the Commission for consideration. The caption of Resolution No. 23-89 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. 23-89 is on file in the official Resolution Book) 43. Resolution No. 24-89. Resolution No. 24-89, assessing costs in the amount of $3,051.40 for abatement action required to remove an unsafe building on property located at 11002-04 Germantown Road, is before the Commission for consideration. The caption of Resolution No. 24-89 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. -15- 5/23/89 (Copy of Resolution No. 24-89 is on file in the official Resolution Book) 44. Resolution No. 25-89. Resolution No. 25-89, assessing costs in the amount of $1,786.40 for abatement action required to remove an unsafe building on property located at 521 N.W. 2nd Street, is before the Commission for consideration. The caption of Resolution No. 25-89 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. 25-89 is on file in the official Resolution Book) 45. Resolution No. 26-89. Resolution No. 26-89, assessing costs in the amount of $1,483.90 for abatement action required to remove an unsafe building on property at 521 Southridge Road, is before the Commission for consideration. The caption of Resolution No. 26-89 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. 26-89 is on file in the official Resolution Book) 46. Resolution No. 27-89. Resolution No. 27-89, assessing costs in the amount of $1,259.50 for abatement action required to remove an unsafe building on property located at 519 Southridge Road, is before the Commission for consideration. The caption of Resolution No. 27-89 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. 27-89 is on file in the official Resolution Book) -16- 5/23/89 47. Resolution No. 28-89. Resolution No. 28-89, assessing costs in the amount of $495.00 for abatement action required to remove an unsafe building on property located at 239 1/2 N.E. 1st Avenue, is before the Commission for consideration. The caption of Resolution No. 28-89 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. 28-89 is on file in the official Resolution Book) 48. Award of Bids and Contracts. A. Award Contract - Housing Rehabilitation Program to low bidder with funding from CDBG Housing Rehab Grant Award (Ac- count No. 118-1963-554-50.23): MJD Construction Services - 338 N.W. 12th Ave. - $17,000 Tommy Preston - 725 S.W. 9th St. - $16,171.05 B. Award Bid - Beautification Maintenance Linton and Homewood Boulevards - America's Pros - $31,410 with funding from Beauti- fication Trust Fund Repair and Upkeep (Account ~119-4151-572-33.39). C. Award Contract - Removal of Hazardous Waste generated from test well borings from the contaminated well site - ChemWaste Management Inc. - $40,000 with funding from Capital Outlay - Airscrubber (Account #441-5162-536-60.49). Ms. Brainerd moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. 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. 49.A.1. Ms. Brainerd stated it came to her attention this week that there is some confusion in the ordinance pertaining to boat and RV screening in residential neighborhoods. The ordinance currently re- quires that these vehicles be screened on three sides, but that the front can or may be open. She feels that sends a confusing message and does not follow the thoughts on appearances wanted by the Commission on residential structures. The City Attorney reminded the Commission this was reviewed four or five years ago and decided not to require that, due to access and expense. Mayor Campbell suggested this be turned over to the P&Z Board with a request that they look at it again. 49.A.2. Ms. Brainerd stated last week when the Commission clarified their policy when appointing people to the Boards, she feels the Commis- sion overlooked the fact that a number of P&Z appointments surface in July. Her feeling is that when someone names an appointment to any Board, whether it be a new appointment or the filling of an unexpired term, that person should have a full term on that Board. Mayor Campbell suggested this item be placed on a workshop agenda. The Commission concurred. 49.A.3. Ms. McCarty stated a memo from Mr. Spence needs a reply rela- tive to the ground-breaking ceremony for the City Hall addition and renovation. The City Manager suggested this ceremony take place at 6:30 P.M. on Tuesday, May 30th, 1989. The Commission concurred. -17- 5/23/89 49.A.4. Ms. McCarty questioned if anything has been accomplished relative to the duplex issue with regard to substandard lots. The City Manager stated he would look into it. 49.A.5. Ms. McCarty questioned the status of the Book Store. The City Attorney advised a letter has been sent, phone calls have not been returned and a copy of the appraisal is before each Commissioner. He feels at some point soon, he is going to need direction from the Commis- sioners. 49..6. Ms. McCarty commented at Visions 2000 it was mentioned that the City should not be hesitant about bragging on the accomplishments that have taken place. Since there were a number of unsafe buildings, a couple of which were thought to be crack houses, that have been removed or demolished, per the agenda tonight, she feels the Code Enforcement Department might put together a program to let the public know that those trouble spots have been eliminated. The City Manager agreed that this is a good suggestion, but has not gotten started as yet. 49.A.7. Ms. McCarty stated when she first became a Commissioner, it was brought to her attention that it might be a good idea for the City to go into the tree farm business. She questioned if this could be relooked at with a possible location of the Waste Water Treatment Plant. 49.A.8. Mr. Weatherspoon stated the City recently accepted a proposal relative to the school position of Delray Beach, with one of the crite- ria being that a School Board committee or counsel be appointed. He feels this board or committee should be appointed right away in order to monitor what is happening. Mayor Campbell suggested making this a workshop item for discussion. The Commission concurred. 49.A.9. Mr. Weatherspoon stated that it is his understanding that the Catherine Strong Center can be used for family reunions, picnics, etc. He would like an update from Joe Weldon, Director or Parks and Recrea- tion. 49.A.10. Mr. Weatherspoon questioned if any feedback has been received relative to the traffic light at the corner of Congress Avenue and Germantown Road. The City Manager stated the County has been asked twice to expedite the change. 49.B.1. The City Attorney questioned if there has been any news rela- tive to the letter sent by the City Manager with regard to the taxes for the recent annexations. Mayor Campbell suggested the City Attorney might make a quick phone call to jog their memory. 49.C.1. The City Manager thanked the Commission for allowing him to attend the Florida City/County Manager meeting last Wednesday, Thursday and Friday. He felt it was a very good session, he met some interesting people and some interesting programs were presented that he would like to share with everyone. Mayor Campbell declared the meeting adjourned at 10:45 P.M. ty Clerk ATTE S T: 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 -18- 5/23/89 of said City Commission of May 23, 1989, which minutes were formally approved and adopted by the City Commission on~. /~./~ . City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -19- 5/23/89