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07-11-89 JULY 11, 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, July 11, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd 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 John Knighton, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Weatherspoon requested that Item 28.A. be removed from the Consent Agenda and placed at the end 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: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Ms. McCarty moved to approve the minutes of the Regular Meet- ings of April 25, 1989, May 9, 1989 and May 23, 1989, and the Special Meetings of May 24, 1989, June 5, 1989 and June 20, 1989, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS 6. Ordinance No. 36-89. Ordinance No. 36-89, amending Section 173.345 "Setback Regulations" by adding a new subsection (G) to permit roof eaves to project over zero lot lines up to a maximum of 18 inches if adequate gutters are provided to prevent run-off onto contiguous property, providing that eaves or other overhangs do not project over utility easements, 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. 36-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.345, "SETBACK REGULATIONS", BY ADDING A NEW SUB- SECTION (G) TO PERMIT ROOF EAVES TO PROJECT OVER ZERO LOT LINES UNDER CERTAIN CONDITIONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 36-89 is on file in the official Ord: nance Book) The City Attorney read the caption of the ordinance. A p' hearing was held having been legally advertised in compliance wi~ 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. 36-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - 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: Mr. Andrews questioned if this is a housekeeping matter. The City Manager advised this resulted from a series of prob- lems in Rainberry Bay whereby people who chose to expand their patios found that in doing so they were unable to comply with the City's codes. This ordinance has been drafted to address the homeowner problem which exists. Frank Spence, Director of Development Services, advised that the homes in Rainberry Bay are zero lot lines and because of the way the roofs are built, the runoff actually goes into the neighboring property. This causes erosion and deterioration at the foundation of the building. This ordinance is in conformity with the County ordinance which does permit the construction of eaves. At this point the roll was called to the motion. 7. Ordinance No. 39-89. Ordinance No. 39-89, amending the Sign Code to provide for residential subdivision entrance gate signs in certain zoning categories and provides criteria for size and placement of such signs, 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. 39-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULA- TIONS'', CHAPTER 162, "SIGNS AND BILLBOARDS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING 162.004, "DEFINITIONS", "ENTRANCE GATES" TO DELETE CRITERIA FOR RESIDENTIAL SUBDIVISION IDENTIFICA- TION SIGNS FROM THE DEFINITION OF ENTRANCE GATES BY AMENDING "PERMITTED SIGNS, REGULATIONS", SECTION 162. 035, "SIGNS PERMITTED AND REGULATED IN ZONING CATEGORIES" , SUBSECTION A, "RESIDENTIAL R-1AAA AND R- 1AAAB" , BY REPEALING SUBSECTION (A) (5), AND RENUMBERING SUBSECTION (A) (6) TO (A)(5), BY AMENDING SUBSECTION B, "RESIDENTIAL R-lA, R-1AAB, R-1AA AND R-lAB" , SUB-SUBSECTION 1 BY ELIMINATING REFERENCE TO SUBPARAGRAPH (A) (5), BY AMENDING SUBSECTION C, "RESIDENTIAL RM-6 AND PRD4, 7, AND 10", SUB-SUBSECTION 1 BY REPEALING REFERENCE TO SUBSECTION (A) (6); BY AMENDING SUBSECTION D, "RESIDENTIAL RM-10 AND RM-15", SUB-SUBSECTION 1 BY DELETING REFERENCE TO SUBSEC- TION (A) (6); BY ENACTING A NEW SUBSECTION 162.047, "RESIDENTIAL SUBDIVISION ENTRANCE GATES", TO PERMIT RESIDENTIAL SUBDIVISION ENTRANCE GATE SIGNS IN CERTAIN ZONING CATEGORIES AND TO PROVIDE CRITERIA FOR THE SIZE AND PLACEMENT OF SUCH SIGNS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 39-89 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. -2- 7/11/89 Mr. Weatherspoon moved for the adoption of Ordinance No. 39-89 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENTS 8.1. Sandy Jamison, 515 North Swinton Avenue, stated he would like the Commission to have the City staff contact the County Commission staff regarding the hardscaping of Swinton Avenue so that they can coordinate and start working on this project. FIRST READINGS 9. Ordinance No. 40-89. Ordinance No. 40-89, a staff initiated Ordinance amending Sections 150.115 and 154.02 of the City Code for the purpose of requiring additional, more detailed information for staff review prior to issuance of permits for seawalls, bulkheads, dock, dolphins, finger piers, and boat lifts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 25th. The City Manager presented Ordinance No. 40-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XV, "BUILDING REGULA- TIONS'', CHAPTER 150, "BUILDING REGULATIONS", SECTION 150.115 "PERMIT REQUIRED: APPROVAL", AND TITLE XV, "BUILDING REGULATIONS", CHAPTER 154, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", SECTION 154.02, "PERMIT REQUIRED", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF REQUIRING MORE DETAILED INFORMATION PRIOR TO ISSUANCE OF PERMITS FOR SEAWALLS OR BULKHEADS AND FOR DOCKS, DOLPHINS, FINGER PIERS AND BOAT LIFTS; 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. 40-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 10. Ordinance No. 41-89. Ordinance No. 41-89, a staff initiated Ordinance streamlining the nuisance abatement process by providing for two notices instead of four currently required, is before the Commission for consideration on First Reading. An additional proposal would clarify that nuisance abatement liens are on a parity with general taxes, by requiring liens to be satisfied before mortgages and/or other encumbrances. If passed, Public Hearing will be held July 25th. The City Manager presented Ordinance No. 41-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", CHAPTER 100, "NUISANCES", SUBHEADING, "ABATEMENT PROCE- DURES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; BY REPEALING SECTION 100.22, "CONTENT AND FORM OF NOTICE", AND ENACTING A NEW SECTION 100.22, "CONTENT AND FORM OF NOTICE", TO PROVIDE FOR A NEW NOTICE FORMAT FOR NOTICE OF PUBLIC NUISANCE, NOTICE OF ASSESS- MENT AND NOTICE OF LIEN; BY REPEALING SECTION 100.24 "ABATEMENT BY CITY; NOTICE OF ESTIMATED COST", AND ENACTING A NEW SECTION 100.24, "ABATEMENT BY THE CITY", TO PROVIDE FOR A REASONABLE TIME AFTER A HEARING TO CORRECT A NUISANCE, ELIMINATING THE SEPARATE SEVEN DAY NOTICE OF ESTIMATED COST BY INCLUDING THE ESTIMATED COST IN THE FIRST NOTICE OF PUBLIC NUISANCE AND PROVIDING FOR -3- 7/11/89 THE COMBINATION OF NOTICES OF ASSESSMENT AND LIEN; BY REPEALING SECTION 100.25 "ABATEMENT BID PROCEDURE", AND ENACTING A NEW SECTION 100.25, "ABATEMENT BID PROCEDURE", TO PROVIDE THAT THE CITY SHALL SEEK COMPETITIVE BIDS NO LESS THAN YEARLY ACCORDING TO THE CITY'S NORMAL BIDDING, PURCHASING AND CONTRACTING PRACTICES, BY REPEALING SECTION 100.26, "BIDDING AND CONTRACTING PROVISION PREEMPTIVE"; BY REPEALING SECTION 100.27 "ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIEN" AND ENACTING A NEW SECTION 100.26, "ASSESSMENT OF COSTS, INTEREST AND ATTORNEY'S FEES; LIEN", TO PROVIDE FOR THE COMBINING OF THE NOTICE OF ASSESSMENT AND NOTICE OF LIEN AND PROVIDING THAT SAID LIEN SHALL BE RECORDED WITHOUT FURTHER NOTICE IF PAYMENT IS NOT RECEIVED WITHIN 30 DAYS AFTER THE MAILING OF THE NOTICE OF ASSESSMENT; BY REPEALING SECTION 100.28, "ENFORCEMENT OF ASSESSMENT" AND ENACTING A NEW SECTION 100.27, "ENFORCEMENT OF ASSESSMENT; PRIORITIES OF LIEN", TO PROVIDE REMEDIES OF ENFORCEMENT AND TO PROVIDE FOR THE SUPERIORITY OF SAID LIENS, AS PROVIDED BY CHAPTER 25786, LAWS OF FLORIDA, SPECIAL ACT OF 1949 AS AMENDED, PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 41-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 10.A. CRA Options. The Commission is to consider CRA Options. Mayor Campbell stated that the memorandum which came to the Commission from the CRA indicated that there were different terms for the proposed seats; he was under the impression that that was no longer correct. The City Attorney advised it is four year terms for everyone. Mr. Weatherspoon stated there have been a few comments in the newspaper regarding what he has said about the CRA. He would guess that the average person does not know what the CRA has done for the City; however, he is aware of the fact that they played a key role in acquir- ing the Courthouse and the beautification of downtown. They are now at the point where they can possibly replace the majority of that body and he feels it is an ideal time to discuss some of the merits of the CRA and some of the options they have. One would be to continue the CRA as it currently exists and the other would be to have the City Commission become the CRA. He also feels they need to look and see if there are any additional restrictions they may want to impose upon them. He would like to look at what the ramifications would be if the Commission decides to become the CRA. The City Manager has provided them with some material to that affect. Tony Smith, West Atlantic Property Owners' Association, stated they have been working over the past several months to come up with a plan for redevelopment in the West Atlantic area which would be suitable and acceptable to the Commission, the CRA and the community as a whole. If the Commission does not consider themselves as a body in lieu of the CRA, they would like them to look at restructuring it so that it will be balanced. Sam Schwimer, Pines of Delray, stated that in the "Finding of Necessity for the Community Redevelopment Agency" published in 1985, the emphasis is not on what the CRA has been doing, it is on redevelopment of housing. The Commission can act as the CRA, and under the circum- stances of what they have had for the last few years, he feels they should give this serious consideration. C. Spencer Pompey stated that the legislation which created the CRA provides two responsibilities to the Commission; an oversight -4- 7/11/89 responsibility and an oversight obligation. There is some question as to whether the Commission has exercised properly either one of those functions. In their considerations, he would hope that this be taken into serious discussion. He noted that 40% of the members of the Commission are elected one year and 60% are elected the next year. They may want to consider the propriety and ethics of assuming the respon- sibility of the CRA. The need for a CRA is important and the represen- tation is equally important and they have the opportunity to make such corrections as are necessary. Jay Slavin, Rainberry Bay, stated during the past six months she has attended almost every CRA meeting and the first disappointment she had was in the composition of it; there were no females or members of the western community. She listened very carefully, asked questions and read the minutes but it was very hard to learn exactly what they were doing. This leads her to believe that the City of Delray Beach and the citizens knew nothing about the CRA. She feels the appointments were made poorly and, even though it is not all their fault, they had a responsibility to make sure the Commission knew exactly what they were doing. The Commission should also have made sure that they got a report at least once a month to see what they were doing. Dave Randolph, 105 N.W. llth Avenue, stated that in their deliberations, the Commission should be very careful as to how they treat the CRA. Before the problems with the West Atlantic Avenue situation, he does not recall seeing anyone but Commissioner McCarty at the meetings. Stanley Milosky stated he believes the CRA, in its present form, is a business and politically oriented agency trying to get a high tax base at the expense of the residents. He stated the CRA meetings should not be held at the Chamber of Commerce, but at City Hall. He feels the CRA should be disbanded and come under the Commission's supervision. Tom Lynch, CRA, stated that when they started the CRA none of them knew what they were getting into. It is not only governed by the City, but also the State. They have had a poor communication between the CRA and the Commission as they have all been so busy. He would recommend several changes: (1) the terms should be staggered, (2) the Commission should be involved in an orientation on a yearly basis so that the new Board which is appointed each year is reviewed and they discuss what they would like to see happen and (3) someone from the Commission should be involved in more of the meetings. Kevin Egan, CRA, stated he would like to ask the Commission to think of what the CRA is all about - redevelopment. They need the Commission's respect and support. They have made some mistakes but the bottom line is that they would like a nicer, safer, better City to live in. Leon Weekes, CRA, stated if the CRA is to continue as a viable board, it should not be made up of the City Commission, but rather duly appointed members. They need a CRA basically in the same form in which it is today; the Commission has enough problems dealing with everything else they have to. Mr. Weatherspoon stated the City Manager furnished the Commis- sion with a list of some of the ramifications if the Commission decided to become the CRA. He requested that the City Manager review those with the audience. He is concerned about the amount of staff time which would be required if they were to become the CRA and how much additional Commission time would be required in order to perform some of the duties which need to be done. The City Manager stated that there are three cities he is familiar with in which the Commission sits as the CRA; in Orlando it is a much smaller geographic area and is confined to downtown redevelopment with a little bit of housing, in Melbourne it is primarily downtown redevelopment. In no case, including Boynton Beach, is he aware of a CRA area which is as large as Delray Beach. The staff time would not be significantly different than what is presently involved. The amount of -5- 7/11/89 time the City Commission could expect would be as frequently as the present CRA, namely twice a month. It could be more frequently depend- ing upon how much involvement they want to have in the detailed issues as they arise. Upon question by Mr. Weatherspoon as to whether or not the CRA could function as the P&Z Board functions, the City Attorney advised that Statute 163, which set up the CRA, set them up as a separate legal entity which can sue or be sued and they have their own budget. Because they have separate tax revenues they are set up as an autonomous agency and their decisions, to a certain extent, are binding. It is through the Community Redevelopment Agency Program and Plan that the Commission can constrict which areas they are to have jurisdiction over and what programs are in that plan. He is not sure whether they could impose restrictions which are separate and outside of the plan, although they do have some budget review. Upon question by Mr. Weatherspoon, the City Manager stated that given the amount of work they have before them, the Decade of Excellence Bond issue, the Capital Improvement Program and the issues to be ad- dressed by the CRA he believes it would behoove the Commission to have a buffer established to gauge the amount of sentiment for issues and development the kind of expertise required to make sound judgments about redevelopment proposals. He would recommend that they continue with the separately established CRA. Mr. Weatherspoon stated that based on the City Manager's comments and those of the citizens he feels they should address the makeup of the Board itself, the meeting place and possibly the time frame in which they meet. Therefore, he would be in favor of moving forward and making the appointments. Ms. Brainerd noted that it was stated earlier that the City Commission does not have the time to be the CRA; however, it was also stated that they should have been attending the meetings. She feels it cannot be both ways and they should either have a Board who is responsi- ble for reporting to the Commission or the Commission is that Board. She believes the meetings should be in the evenings and held in City Hall so that more people have an opportunity to attend. They also need to seriously address the composition of the Board. Ms. McCarty stated she feels they also need to look at them- selves with regard to communication with the CRA. She stated they need to meet at least once a year with them to readdress the direction they are taking. They should also address having staggered terms and having the Boards meet in City Hall. Mayor Campbell stated that the CRA is a very important body in that they are involved with housing and community redevelopment. He is looking forward to making progress and they are all going to participate and realize that they are all in the same town. He would like to thank the outgoing members of the CRA who have devoted so much time and effort. 11. Appointment of Four Members to the Community Redevelopment Agency (CRA). The Commission is to consider the appointment of four members to the CRA to terms ending July 9, 1993. The City Attorney stated he realizes the Commission's concern about staggered terms, however, after looking at the State Statutes it it specific that these four members have to be for four year terms. Ms. McCarty moved to appoint Leonard Mitchell, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Weatherspoon moved to appoint Clay Wideman, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. -6- 7/11/89 Ms. Brainerd moved to appoint Kathi Sumrall, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to appoint Robert Currie. Said motion FAILED for lack of a second. Mayor Campbell questioned if Mr. Andrews had an alternate nomination. Mr. Andrews advised he does not. Mayor Campbell stated they are having a Special Meeting next week and could discuss it then. Discussion followed on when this could be discussed as Commissioner Andrews would not be present at that meeting and Commissioner Brainerd would not be present at the next. Mr. Andrews advised he will decline his right to make an alternate nomination. Mayor Campbell stated he will make his nomination next Tuesday. 12. Conditional Use Request - United Methodist Haitian Church. The Commission is to consider a request to establish a church use in the existing day care center located at the southeast corner of S.W. 6th Avenue and S.W. 6th Street. The City Manager and Planning and Zoning Board recommend denial. Andre Bellony, Pastor, stated they can no longer meet at Cason United Methodist Church as it is not large enough for two congregations. They know there are concerns about traffic and the safety of the chil- dren but they will work with the City and the neighborhood to solve any problems. Charlotte Durante, 326 Washington Avenue, stated she is the owner of the building which the applicant is applying for a conditional use. The applicants will continue the existing day care operation and they want to add the function of church service. Zarlene Williams, 513 S.W. 6th Street, representing the neigh- borhoods of Rosemont Park and Rosemont Gardens, stated they would like the City to deny this petition as they are concerned about the traffic and safety of their children. She presented a petition from the resi- dents in the area requesting they deny this request. Reverend Robert Finch, Pastor of Cason United Methodist Church, stated they are using their facility to its capacity and there is no way they could fit another congregation. He would be glad to sit down and work with the community so that there could be a Haitian congregation in Delray Beach. Van Williams, S.W. 6th Avenue, stated they have no sidewalks in this area which would mean that people will be parking in driveways. He requested that the Commission deny this petition. Mr. Weatherspoon stated he feels the day care center is fine in that location; however, he does not feel turning it into a church would not be in the best interests of the community. Mr. Weatherspoon moved to deny the conditional use request, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - 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 Ms. McCarty, David Kovacs, Planning Director, advised that the original concept which was put forward did not include a site plan; the request was to establish a use with no upgrading or improvements on the site. When there became so many families involved in the church they would create additional parking and another phase would be to later create a better facility. At this point the roll was called to the motion. -7- 7/11/89 13. Revised Draft Agreement Between the City a~d Eagle Outdoor Advertising/Park Ten Business Park. The Commission is to consider a revised agreement between the City and Eagle Outdoor Advertising con- cerning the installation of billboards. Ms. Brainerd moved to approve the agreement, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - 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 Ms. McCarty, the City Attorney advised that essentially there were only technical changes to the wording. The only thing which was not incorporated in the revised agreement which was a subject of some discussion was the configuration of the billboard to be moved. Ed Bolter, applicant, stated they are trying to take advantage of the curvature of the road without going any higher. Instead of having a flat face, they will "V" it to oncoming traffic. At this time he presented a drawing of how the billboard will look. At this point the roll was called to the motion. 14. Ratification of Aqreement between the South Central Regional Wastewater Treatment and Disposal Board's (SCRWTD) Contract with Camp, Dresser and McKee (CDM). The Commission is to consider approval of an open-end agreement with CDM for general engineering services at the approximate cost of $30,000 to $50,000 a year with funding from Sewer Treatment (Account No. 441-5142-536-33.11). Ms. Brainerd moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 28. Award of Bids and Contracts. A. Stormwater Utility Fee Study - Phase III(A) - Gee and Jenson in the amount of $24,200 with funding from General Construction - Storm Water Utility Fee Study (Account No. 334-3161-541-60.59). Mr. Weatherspoon questioned why this cannot be done inhouse and what do they expect to get out this. Gates Castle, City Engineer, advised this Phase will enable them to assimilate the previous data and actually start developing the fees. This cannot be done inhouse as it is very technical and time consuming. The City Manager advised that Gee and Jenson has done this work before, are familiar with it and know how to appraise the results in such a fashion that they can defend them if someone should challenge it. Mr. Weatherspoon moved to award the contract for the Stormwater Utility Fee Study, Phase III(A) to Gee and Jenson in the amount of $24,200, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA Mr. Weatherspoon questioned, with regard to Item 28.B., why they did not discuss whether or not they need the cover on the pumping station before they awarded the bid. Gates Castle advised that after the new pump was put in they received complaints from the neighbors. They had the Police Department check the decibel levels and they did exceed the requirements in the -8- 7/11/89 Code. Therefore, they felt it was the City's obligation to put the enclosure around the new pump station. Upon question by Mr. Weatherspoon, the City Manager advised they did anticipate some noise, but not nearly the level it is. Mr. Castle stated the cover is a pre-fabricated cover, has a hatch on the top and ventilation for the pump. It is more than just an enclosure and did a lot of research into it. It was very difficult to find one which met their specifications and requirements. The following items were considered by the Commission as the Consent Agenda: 15. Contract Renewal - Departmental Medical Director. The Commis- sion is to consider approving a contract renewal for Dr. Joseph Yates as Department Medical Director for the Fire Department. Approval is recommended. 16. Granting Two Utility Easement Deeds - Golf Course Well. The Commission is to consider granting two easement deeds to allow FP&L to service primary power line which provide power to golf course wellfield pumps. Approval is recommended. 17. Ratification of Change Order #2 - Finger Pier Replacement - City Marina. The Commission is to consider ratification of Change Order No. 2 in the amount of $11,500 and involves the replacement of five additional dolphin piles and use of punching machinery to drive through rocky material for pile installation. Approval is recommended. 18. Waiver of Required Professional Liability Insurance. The Commission is to consider waiving the requirement for professional liability insurance for the Institute of Law and Justice, low bidder for police staffing study. Approval is recommended. 19. Final Plat Approval - Linpro Delray Commerce Center. The Commission is to consider final plat approval for a proposed industrial, commercial and warehousing development located at the northeast corner of Congress Avenue and Lowson Boulevard. Approval is recommended. 20. Resolution No. 42-89. Resolution No. 42-89, abandoning a 12 foot utility easement which bisects the old Delray Beach Heights Exten- sion Sections "A" and "B", is before the Commission for consideration. This action is required in conjunction with final plat consideration for Franz, Delk, Kinnaird (FDK). The caption of Resolution No. 42-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE TWELVE (12) FOOT WIDE NORTH/SOUTH UTILITY EASEMENT LYING WITHIN BLOCK 8, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION SECTIONS "A" AND "B", AS RECORDED IN PLAT BOOK 28, PAGE 171, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 42-89 is on file in the official Resolution Book) 21. Final Plat Approval - Franz, Delk, Kinnaird (FDK). The Commis- sion is to consider final plat approval for a light industrial complex consisting of four buildings located on the north side of S.W. 10th Street, between S.W. 12th and 13th Avenues. Approval is recommended. 22. Final Plat Approval - Delray Town Center. The Commission is to consider final plat approval for a two lot commercial subdivision at the northeast corner of Linton Boulevard and Military Trail. Approval is recommended. 23. Resolution No. 37-89. Resolution No. 37-89, assessing costs in the amount of $1,364.00 for abatement action required to remove an unsafe building on property at 43 N.W. 6th Avenue, is before the Commis- sion for consideration. -9- 7/11/89 The caption of Resolution No. 37-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 37-89 is on file in the official Resolution Book) 24. Resolution No. 38-89. Resolution No. 38-89, assessing costs in the amount of $1,589.50 for abatement action required to remove an unsafe building on property at 1043 1/2 Germantown Road, is before the Commission for consideration. The caption of Resolution No. 38-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 38-89 is on file in the official Resolution Book) 25. Resolution No. 39-89. Resolution No. 39-89, assessing costs in the amount of $1,401.40 for abatement action required to remove an unsafe building on property at 217 N.W. 5th Avenue, is before the Commission for consideration. The caption of Resolution No. 39-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 39-89 is on file in the official Resolution Book) 26. Resolution No. 40-89. Resolution No. 40-89, assessing costs in the amount of $1,593.90 for abatement action required to remove an unsafe building on property at 201 N.W. 1st Street, is before the Commission for consideration. The caption of Resolution No. 40-89 is as follows: -10- 7/11/89 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 40-89 is on file in the official Resolution Book) 27. Resolution No. 41-89. Resolution No. 41-89, assessing costs in the amount of $1,595.00 for abatement action required to remove an unsafe building on property on the lot south of 806 Lake Ida Road, is before the Commission for consideration. The caption of Resolution No. 41-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 41-89 is on file in the official Resolution Book) 28. Award of Bids and Contracts. B. Sound Attenuated Shelter for Thomas Street Pumping Station - ARZ Builders in the amount of $20,780 with funding from Engineering Capital Outlay, Drainage Projects (Account No. 001-2911-519-60.56). C. Fire Computer System - Florida State Contract, GSA Contract and local vendors in the amount of $38,521.74 with funding from 1987 Utility Tax construction Fund (Account NO. 333-2311-522-60.57) and Fire/EMS Equipment, Other (Account No. 001-2315-526-60.89). D. Polymer 844A - American Cyanamid Company in the amount of $1.90 per pound or approximately $76,000 with funding from Water Treatment Operating Supplies (Account No. 441-5122-536- 35.15). E. Manhole Rehabilitation/Replacement - Southern Pipeline, Inc. in the amount of $130,050.60 with funding from Sewer Systems/Mains & Lines (Account No. 441-5141-536-60.66). F. Relocation of City owned structures located at 303 and 311 S.W. 7th Street - La Plant Adair in the amount of $29,500 with funding from Housing Rehabilitation (Account No. 118-1963- 554-60.23). G. CDBG Block Grant Housing Rehabilitation - 701 S.W. 8th Avenue - First Construction of the Palm Beaches, Inc. in the amount of $16,875 with funding from CDBG Housing Rehabilitation Grant (Account No. 118-1963-554-60.23). -11- 7/11/89 Ms. Brainerd moved for approval of the Consent Agenda, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29.A.1. Ms. Brainerd stated she would like to see if they could reach a consensus tonight about delaying the date on the Bond. The City Manager stated that on July 25th they will have a resolution calling for the Bond issue. At this point they will put the date of October 10th in that resolution and when it comes before them they can change it. Mayor Campbell requested that it also be placed on next week's workshop agenda. Ms. Brainerd stated that perhaps the Commission should enter- tain some sort of tactical team, which might even include a Commission- er, to make sure the Bond issue is moving in the right direction. 29.A.2. Ms. Brainerd questioned the status of the Book Store. Upon question by Mayor Campbell as to what steps have been taken to sell the property, the City Attorney stated he has not taken any. Mayor Campbell stated that they need to immediately take steps to sell this. Ms. Brainerd stated she would like to see steps taken and hear about it in their Manager's report on Friday. 29.A.3. Ms. McCarty stated that in their agenda packet they received a copy of their Local Rules and after reading through them she found that there are some things which need changed. She requested that this be placed on an upcoming workshop to update and review their Local Rules. 29.A.4. Ms. McCarty stated they received a memo, with regard to the beautification on East Atlantic Avenue, asking whether or not they wanted to go ahead with Whiteside. She would like to explore the possibilities of not going out to competitive bid. The City Attorney advised if they have facts to determine why competitive bidding is not in the best interests of that project, it can still be done. He has a concern when it is a public works sort of contract to do an extension, versus a professional services contract. He advised that price is not the only factor they can consider; if the bids come in, there are ten bidders, and the bidder they have knowledge about is number two or three, they do not have to go with lowest bidder it is lowest competent bidder. Frank Spence stated, based upon their discussions with DOT, the scope of the project will be reduced. Therefore, they believe the work can be done within the four months they are looking at. Since the bids will be opened this Friday and they are on line, at this point it would not save any time. 29.A.5. Ms. McCarty stated they received a copy of a letter to the Mayor from the Board of Realtors asking if they could serve in an advisory capacity with land purchases. The letter mentioned an upcoming meeting and she questioned if they have done anything with regard to this. The City Manager advised that he and Mayor Campbell met with Mr. Plum, Chairman of the Board of Realtors, and they felt the services they are offering would be helpful in the City's acquisitions and sales. 29.A.6. Ms. McCarty stated, with regard to the hardscape on Swinton Avenue, that she would hope the staff will look into what the County has budgeted for this. 29.A.7. Ms. McCarty stated they received a memo from the City Attorney about the retaining of Mr. Vance with regard to the parking garage. She questioned if the City Attorney has gone forward with this. -12- 7/11/89 The City Attorney advised that he put a hold on any further work by Mr. Vance on the project. However, Mr. Vance has had his expert complete the appraisal information necessary so that they would be prepared to move forward. 29.A.8. Ms. McCarty stated she received a call from a citizen who advised her that if you have a meter permit you can park in certain metered parking lots on the beach and in others it does not apply. She looked at the ordinance and noted that some of the parking lots have been left out. The City Attorney noted that they only sell the permits to residents of the City. When the City received the beach renourishment funds it was stated that the parking lots had to be open and equal to all persons. Their argument, was that since monies came from both the State and County, they could not restrict or modify the equal access for county residents. He advised that he will get all the background information for the Commission. 29.A.9. Ms. McCarty stated it was brought to her attention that the City does not acknowledge persons applying for jobs, that their resume has been received or that the job has been filled. She questioned if they could implement a program to do this. John Elliott, Assistant City Manager for Management Services, advised they are in the process of updating and taking care of this. 29.A.10. Mr. Andrews suggested, with regard to items which are recom- mended for denial by the Planning and Zoning Board, that instead of them automatically coming to the Commission and the Commission reviewing the entire project, they should have the client only be able to appeal and address the basis of the denial. Mayor Campbell stated they have always allowed the applicant and members of the public to speak on a topic. 29.A.11. Mr. Andrews questioned how fast they can have a workshop to discuss the CRA and who would develop an agenda for that meeting. He does not feel there is enough linkage between the various groups and City agencies which are involved in the redevelopment process. He believes they are losing potential developers for the City in numerous ways. He would like to have a workshop with the CRA, DDA, EDC, Chamber of Commerce, Board of Realtors and the Housing Authority. The City Manager suggested they have a workshop with the CRA on August 1st. 29.A.12. Mr. Andrews stated one of his concerns is that they have volunteer professionals who deal with issues on a day to day basis in their business and can offer a critique from the Board's side as opposed to the consultants side. He feels this provides a great deal of protec- tion and advice for the Board. His nomination of Mr. Currie to the CRA was specifically meant for that reason. 29.A.13. Mr. Weatherspoon stated he would like to request that someone be responsible for checking the mikes before every meeting. 29.A.14. Mr. Weatherspoon stated they received a communication relative to a policy which the City Manager plans on implementing. He is not sure of all the ramifications and feels perhaps they should discuss it. The policy is with regard to an employee being able to give vacation or sick time to another individual. He feels this may have some potential budget ramifications they may want to use during their negotiations with the Unions. The City Manager advised the policy will be for non union employees. 29.A.15. Mayor Campbell stated he is giving the Commission advance warning that he will be pressing about Code Enforcement in the upcoming budget meetings as he is not totally satisfied with where they are as a -13- 7/11/89 City. He, personally, is going to ride around town with Lula Butler and Richard Bauer and go over the situation with them. 29.A.16. Mayor Campbell stated that he needs to get with staff regarding the beautification of East Linton Boulevard. He questioned if they can do something innovative on what is becoming a major entranceway to the City. 29.A.17. Mayor Campbell noted that in the Manager's Report it stated that they expect to have the East Atlantic Avenue project in the ground well in advance of the November 1st target. He does not believe there was ever a November 1st target. The City Manager advised it should have read it would be completed by December 1st. 29.B.1. The City Attorney advised that they have received a decision in their News Sun Sentinel newsrack case. Specifically, they held that there were not sufficient facts proved by Code Enforcement at the Code Enforcement Board level. However, the Circuit Court has upheld the constitutionality of the City's newsrack regulation ordinance. This is a big plus for us as we move along with code enforcement and beautifica- tion as they will have the ability to make people move offending news- racks from rights-of-way. It is his recommendation that they do not appeal the other part of the court order. 29.C.1. The City Manager stated that he will give the Commission a summary in his Manager's Report of what the major features of the budget will include. The budget will be ready for the Commission on the 21st. Mayor Campbell declared the meeting adjourned at 9:28 P.M. City Clerk ATTEST: 'M-A Y 0 R 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 July 11, 1989, which minutes were formally approved and adopted by the City Commission on ~~, /~, /~f~ 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. -14- 7/11/89