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10-10-89 OCTOBER 10, 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 7:00 P.M., Tuesday, October 10, 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 - Interim City Manager Malcolm T. Bird and Assistant City Attorney Jeffrey Kurtz. 2. The opening prayer was delivered by Reverend Robert Finch, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Ms. Brainerd requested that Item 28 be removed from the Consent Agenda and placed on the Regular Agenda. The Interim City Manager advised there is an addendum to the Consent Agenda to be Item 31.A. Ms. Brainerd moved to approve the agenda, as modified, 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. 5. Ms. Brainerd moved to approve the minutes of the Regular Meetings of September 12, 1989 and September 26, 1989, seconded by Mr. Weatherspoono 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. Mayor Campbell presented a proclamation calling for a Referen- dum Election, relative to the General Obligation Bond Issue, to be held on Tuesday, November 7, 1989, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. The Assistant City Attorney read the entire proclamation. 7. Resolution No. 72-89. Resolution No. 72-89, recognizing and commending Sergeant Robert Schiller for 24 years of service to the City of Delray Beach, is before the Commission for consideration. The caption of Resolution No. 72-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT G. SCHILLER FOR 24 YEARS OF SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 72-89 is on file in the official Resolution Book) Resolution No. 72-89 was unanimously adopted by the Commission. Sergeant Robert G. Schiller came forward to accept the resolu- tion. PUBLIC HEARINGS 8. Ordinance No. 63-89. Ordinance No. 63-89, amending the Code of Ordinances to provide for parking in the Holiday Inn north parking lot by permit, 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 Interim City Manager presented Ordinance No. 63-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71 "PARKING REGULA- TIONS'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.60 "PARKING METER PERMITS" TO ADD A PARKING LOT TO PERMITTED LOCATIONS, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-89 is on file in the official Ordi- nance Book) The Assistant 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. 63-89 on Second and FINAL 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. 9. Ordinance No. 64-89. Ordinance No. 64-89, rezoning property owned by the Bill Wallace Dealership located on the northwest corner of Linton Boulevard and S.W. 10th Avenue, if extended northward, from POC (Planned Office Center)) to SC (Specialized Commercial), 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 Interim City Manager presented Ordinance No. 64-89: 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 SC (SPECIALIZED COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 43, 44, 45 AND 46 (LESS THE SOUTH 23.00 FEET THEREOF), AND ALL OF LOTS 27, 28, 29 AND 30, SANDS O'SEA, TOGETHER WITH THAT PART OF THE RIGHT-OF-WAY FOR PRINCESS BOULEVARD AS SHOWN ON THE PLAT OF SANDS O'SEA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND S.W. 10TH AVENUE, IF EXTENDED NORTHWARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 64-89 is on file in the official Ordi- nance Book) The Assistant 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. 64-89 on Second and FINAL Reading, 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. -2- 10/10/89 10. Ordinance No. 65-89. Ordinance No. 65-89, rezoning property owned by Bill Wallace located on the northwest corner of Linton Boulevard and S.W. 10th Avenue, if extended northward, from R-lA (Residential) to SC (Specialized Commercial), is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The Interim City Manager presented Ordinance No. 65-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN SC (SPECIALIZED COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 6 THROUGH 15, INCLUSIVE, SANDS O'SEA, TOGETHER WITH THAT PART OF THE RIGHT-OF-WAY FOR QUEENS AVENUE AS SHOWN ON THE PLAT OF SANDS O'SEA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED NORTH OF LINTON BOULEVARD, BETWEEN S.W. 10TH AVENUE AND GERMANTOWN ROAD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 65-89 is on file in the official Ordi- nance Book) The Assistant 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. 65-89 on Second and FINAL Reading, 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. PUBLIC COMMENTS 11.1. Jay Slavin, Rainberry Bay, stated she would like to voice her resentment at a remark made at the last meeting which referred to the Commission Chambers as the "Peanut Gallery". She stated that the people who come to these Chambers are citizens who try to help the City. 11.2. Sandy Jamison, 515 North Swinton Avenue, stated that he takes exception to Ms. Slavin's comment. They have enough problems and do not need to continue the in-fighting. 11.3. Arthur Jackel stated that the Commission keeps criticizing the former City Manager and former Commissions regarding the budget. He suggested that they stop living in the past and look to the future to try and do better. 11.4. Jean Beer, 945 Tropic Boulevard, stated that at last week's meeting the Commission commented that they would like to know the opinions of the Code Enforcement Board members regarding the new law giving tickets. She would like to report that they were all very much in favor. Ms. Beer stated she would also like to go on record to thank Code Enforcement for the marvelous job they are doing in cleaning up the LaMat area. It is not a solution to the problem; however, it is a tremendous improvement. 11.5. Perry DonFrancisco, representing~ Delray Citizens for Delray Police, advised that they have established a Police Tuition Assistance Program for the fall semester of 1989, and he outlined the details of the program. Julie Steiner, Chairperson for the Educational Division of the Delray Citizens for Delray Police, stated a tuition reimbursement -3- 10/10/89 program is a necessary conduit to instill professionalism through education in the Police Department. Through education, ranked Officers will be better equipped to handle the diverse situations which often arise within a large organization and it can also enhance the Police Officer's relations with the community. Andre Fladell stated he has copies of similar programs for Palm Beach, Lantana, Coral Springs, Boynton Beach, Ft. Lauderdale, Boca Raton and Lake Worth. He noted that one of the few municipalities in the County which does not have this program is Delray Beach. By supporting the tuition reimbursement program, they are encouraging a Police Officer to better himself to become a better professional and provide the service which the public has been calling for. He would like to take this opportunity to congratulate the Police Department as being the single city, according to recent statistics, to have decreased crime. 11.6. Rosetta Rolle, Chairman of the Delray Beach Housing Authority, advised that three Commissioners of the Housing Authority, and its Executive Director, went to Daytona Beach to a Florida Housing Confer- ence. They learned a lot of things there and will be coming before the Commission in this regard. She would also like to thank the Commission for having Lula Butler as the liaison between the City and the DBHA. FIRST READINGS 12. Ordinance No. 55-89. Ordinance No. 55-89, a voluntary annexa- tion of the South County Professional Center located on the east side of Military Trail, approximately 1,000 feet south of Linton Boulevard with an initial City zoning of POC (Planned Office Center), is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 14th. The Interim City Manager presented Ordinance No. 55-89: 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 25, 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, APPROXIMATELY 1,000 FEET SOUTH OF LINTON BOULE- VARD; 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 POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 55-89 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. 13. Ordinance No. 56-89. Ordinance No. 56-89, amending the Zoning '~ode to permit Bed and Breakfast Inns as conditional uses in RM (Resi- dential Medium), RM-6 and RM-10 (Residential - Medium to High), RH (Residential High), RO (Residential Office), CBD (Central Business District), and GC (General Commercial) zoning designations, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 24th. The Interim City Manager presented Ordinance No. 56-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 173, "ZONING CODE", "GENERAL PROVI- SIONS'', SECTION 173.001, "DEFINITIONS", BY ENACTING A NEW SUBSECTION "BED AND BREAKFAST INN" TO PROVIDE A -4- 10/10/89 DEFINITION FOR SAID USE; BY FURTHER AMENDING SECTION 173.001, "DEFINITIONS", BY REPEALING SUBSECTION "BOARDING AND ROOMING HOUSES" IN ITS ENTIRETY; BY FURTHER AMENDING SECTION 173.001, "DEFINITIONS", BY REPEALING SUBSECTION "GUEST HOUSE" IN ITS ENTIRETY; AND AMENDING CHAPTER 173, "ZONING CODE", "SPECIAL USE REQUIREMENTS", BY ENACTING A NEW SECTION 173.0625, "BED AND BREAKFAST INNS", TO PROVIDE, IN ADDITION TO REQUIREMENTS OF THE UNDERLYING ZONE DISTRICT, CERTAIN SPECIAL USE REQUIREMENTS RELATIVE TO PARKING, COMMON AREA, NUMBER AND CHARACTER OF RENTAL ROOMS, RESTRICTIONS ON USE AND EMPLOYEES, AND RESTRIC- TIONS TO SPECIFIC HISTORIC DISTRICTS; AND k~ENDING CHAPTER 173, "ZONING CODE", "RM-6 MULTIPLE FAMILY DWELL- ING DISTRICT", SECTION 173.142, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RM MEDIUM TO MEDIUM HIGH DENSITY DWELLING DISTRICT", SECTION 173.162, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.182, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "RH MEDIUM HIGH TO HIGH DENSITY DWELLING DISTRICT", SECTION 173.202, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE" "RO RESIDENTIAL OFFICE DISTRICT", SECTION 173.392, "CONDITIONAL USES", BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "GC GENERAL COMMERCIAL DISTRICT", SECTION 173.472, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; AND AMENDING CHAPTER 173, "ZONING CODE", "CBD CENTRAL BUSINESS DISTRICT", SECTION 173.527, "CONDITIONAL USES" BY ADDING "BED AND BREAKFAST INNS, SUBJECT TO SECTION 173.0625" AS A CONDITIONAL USE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 56-89 on First 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 - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mayor Campbell stated he will have to vote against this ordi- nance as he feels it is premature. Mr. Andrews stated it takes about three years for these to get going as they have to get into publications and books. At this point the roll was called to the motion. 14. Ordinance No. 70-89. Ordinance No. 70-89, designating property located at 610 North Ocean Boulevard (Ocean Apple Estates) as a Local Historic Site, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 24th. The Interim City Manager presented Ordinance No. 70-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE OCEAN APPLE ESTATE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS ORDI- NANCE, AS A LOCAL HISTORIC SITE; PROVIDING FOR CERTAIN REQUIREMENTS OF DESIGNATION; PROVIDING FOR THE AMENDMENT -5- 10/10/89 OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON-SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. The Assistant City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 70-89 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 15. Appointment of a Member to the Human Relations Committee. The Commission is to consider appointing a member to fill the unexpired term of Joseph Valentino ending March 15, 1991. The Interim City Manager advised it is Mr. Weatherspoon's appointment. Mr. Weatherspoon stated that as there were no names furnished to him, he would like to defer this appointment until the next regular meeting. 16. Appointment of Member to the Education Board. The Commission is to consider a recommendation from the Education Board to appoint the seventh member. Ms. Brainerd moved to appoint Alice Finst to the Education Board, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Ms. McCarty noted that Mrs. Finst already serves on the Histor- ic Preservation Board and she questioned if they would be setting a precedent by allowing people to sit on more than one board. She feels Mrs. Finst would be a very valuable member to this Board; however, in her opinion, she would have to make up her mind which board she would like to sit on. Ms. Brainerd advised that this Committee has a sunset on it and is more of a task force or ad hoc committee than it is a board. Ms. McCarty stated that when they initially set up the "task force", it was the feeling of the Commission that it would be a perma- nent thing as schools are an important issue in the City. Mr. Andrews stated that several people were eliminated from the original list of applicants because they served on another board. Mr. Weatherspoon stated that they set up this board as an ad hoc committee and, therefore, anyone can sit on it. If someone was not appointed because they served on another board, then it is the fault of the Commissioner. At this point the roll was called to the motion. 17. Denial of Settlement Offer. The Commission is to consider denial of a settlement offer in the amount of $130,000 from Bob Currie to settle the Currie et al vs. City of Delray Beach and Palm Beach County case. Denial is recommended. Mr. Weatherspoon moved to deny the settlement offer, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. -6- 10/10/89 17.A. Denial of Settlement Offer. The Commission is to consider denying an offer to settle from Mason Equipment and Elgin Manufacturer in the amount of $15,000 in the City of Delray Beach vs. Mason Equipment and Elgin Manufacturer case. Denial is recommended. Ms. Brainerd moved to deny the settlement offer, 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. 18. Request for Expenditure from Law Enforcement Trust Funds. The Commission is to consider a request from the Police Department to expend $5,340 from the Law Enforcement Trust Fund to purchase first aid kits, fire extinguishers, flares, disposable blankets and traffic accident investigation materials for 40 patrol vehicles in accordance with accreditation standards. Approval is recommended. Ms. Brainerd moved to approve the expenditure of $5,340 from the Law Enforcement Trust Fund, 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. 19. Waiver of Solicitation Permit Fee. The Commission is to consider a request from the Arthritis Foundation for waiver of the $300 solicitation permit fee. Approval is recommended. Ms. Brainerd moved to approve the waiver, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated there are several requests for waivers of fees and he feels it would be more prudent if they did not waive the requests. Then, if for any reason, they needed the money at a later date they could consider giving it to them. If they waive the fee now, the money is not being generated; however, the budget reflects a certain amount of money which they expected to get via permits and fees. At this point the roll was called to the motion. 20. Waiver of Site Plan and Conditional use Fees. The Commission is to consider a request from the Drug Abuse Foundation of Palm Beach County, Inc., to waiver fees associated with site plan review, condi- tional use approval, variances, and future land use applications for a proposed full service drug abuse prevention and treatment campus. Approval is recommended. Ms. Brainerd moved to approve the waiver request, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 21. Waiver of Policy. The Commission is to consider waiving eligibility criteria to permit a property located outside of the normal CDBG target area to qualify for assistance through the Community Devel- opment Block Grant Housing Rehabilitation program. The property is located at 240 N.E. 20th Street. Approval is recommended. Ms. McCarty moved to approve the waiver for eligibility, 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: Ms. Brainerd questioned what criteria made this different and interesting enough for them to request the waiver. -7- 10/10/89 Lula Butler, Director of Community Improvement, advised that HUD does allow them to go outside of their target area; however, it requires Commission approval to do so. This person was searching for funds to get a house rehab enrolled directly to the HUD Regional Office and they referred it back to the City. The owner would have to meet all of the regular eligibility criteria. At this point the roll was called to the motion. 22. Waiver of Right-of-Way Dedication. The Commission is to consider a request from Old Harbor Plaza to waiver dedication of right- of-way for an expanded intersection at Federal Highway and Linton Boulevard. The Planning and Zoning Board and City Manager recommend denial. Ms. Brainerd moved to approve the waiver request, 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. 23. Conditional Use Major Modification. The Commission is to consider a request from Bill Wallace Ford for a major modification to their approved conditional use to add an additional 5.8 acres to the existing 15 plus acre Wallace Automobile Dealership complex on Linton Boulevard between Wallace Drive (Germantown Road) and S.W. 10th Avenue extended north. Approval is recommended. 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. 24. Reallocation of City Hall Space. The Commission is to consider additional architectural service to redesign office space previously allocated in the original City Hall expansion plan and approve construc- tion changes. Ms. Brainerd moved for approval, 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, upon question by Mr. Weatherspoon, the Interim City Manager advised they will be making, what was intended in Phase I to be a temporary location for Data Processing, a permanent location. This necessitated the change of two minor areas which have been reaccommodated within the new construction area. He has talked to the Department Heads who will be involved in the various moves, and he will be coming back to the Commission with the allocation of the space in this building, which will be freed up as they move to the new con- struction. At this point the roll was called to the motion. 28. Change Order No. 1 Atlantic Avenue Beautification Phase II. The Commission is to consider approving Change Order No. 1, increasing the contract price by $50,417.04 to allow project to meet FDOT require- ments, correct architect oversights in bid preparation, and revise design. Ms. Brainerd stated that she believes they were given a letter from the DDA which pointed to the fact that the architect was asked to originally bid for appendages to the lampposts which would accommodate what they are now having to go back and do change orders for. Ms. McCarty stated they did not originally order bottom banner arms, they only ordered the top ones. Gates Castle, City Engineer, advised that they now want the bottom banner arms and this is an additional request. -8- 10/10/89 Mr. Andrews stated if this Change Order is to correct architect oversights, he would like to know why the architect is not paying for it. Mr. Castle stated he could review this to see if there could be some recovery and come back to the Commission. After they reviewed the plans, the Engineering staff realized that the two items had not been included in the plans and could not work without being included. The architect was responsible to develop the plans. Ms. Brainerd requested that staff look at the contract and see what the remedies are to get the architect to pay for his own oversight. Ms. McCarty questioned if they should go ahead and approve the DDA request for banner arms. The Assistant City Attorney advised they could approve the entire package, then they could establish what their damages were and see whether or not there is redress against the architect. Mr. Andrews stated if it is not against the architect, he would like to know where the fault falls. Ms. Brainerd moved to approve Change Order No. 1, subject to the Assistant City Attorney's comments, 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: Helen Coopersmith, representing PROD, questioned why the City is paying approximately $12,000 to do something that the DDA requested. Mayor Campbell advised that the DDA originally asked for the change; however, it is still the responsibility of the City. At this point the roll was called to the motion. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 25. Authorization to Submit a Grant Application to the Department of Housing and Urban Development. The COmmission is to consider author- izing submission of a grant application to HUD for funding to develop a local Youth Sports Club. This is a 50/50 grant match with the City's portion of funding coming from unused FY88-89 Housing Rehabilitation Grant Funds. Approval is recommended. 26. Request to Hold Carnival. The Commission is to consider a request from the American Legion Post #188 to hold a Carnival from November 20-26, 1989, at S.W. 8th Avenue and S.W. 10th Street, south of the Delray Beach Cemetery. Approval is recommended. 27. Temporary Tent Permit. The Commission is to consider a request from Delray Beach Sunrise Kiwanis to erect a temporary tent from October 20, 1989 to November 5, 1989, and from November 25, 1989 to January 2, 1990, on the corner of S.E. 5th Avenue and S.E. 10th Street (adjacent to the former Bill Wallace Nissan), for the purpose of selling pumpkins and Christmas trees. Approval is recommended. 29. Resolution No. 73-89. Resolution No. 73-89, abandoning a portion of a 16 foot alley located on the west side of Swinton Avenue between S.W. 3rd Street and S.W. 4th Street, is before the Commission for consideration. The caption of Resolution No. 73-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF A SIXTEEN (16) FOOT ALLEY LYING WEST OF AND ADJACENT TO LOT -9- 10/10/89 8, RESUBDIVISION OF BLOCK 64, CITY OF DELRAY BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 39, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 73-89 is on file in the official Resolution Book) 30. Resolution No. 74-89. Resolution No. 74-89, assessing costs in the amount of $631.40 for abatement action required to remove an unsafe building on property at 3530 Boulevard Chatelaine, is before the Commis- sion for consideration. The caption of Resolution No. 74-89 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. 74-89 is on file in the official Resolution Book) 31. Resolution No. 75-89. Resolution No. 75-89, encouraging Citizen participation in the planning process of the Comprehensive Plan process, including future amendments and evaluation and appraisal reporting, is before the Commission for consideration. The caption of Resolution No. 75-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING GENERAL PROCEDURES TO PROVIDE FOR AND ENCOURAGE PUBLIC PARTICIPATION IN THE PLANNING PROCESS INCLUDING CONSIDERATION OF AMENDMENTS TO THE COMPREHENSIVE PLAN AND EVALUATION AND APPRAISAL REPORTS. (Copy of Resolution No. 75-89 is on file in the official Resolution Book) 31.A. Resolution No. 76-89. Resolution No. 76-89, setting the term of the bond issue not to exceed 20 years, is before the Commission for consideration. The caption of Resolution No. 76-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 70-89 BY PROVIDING THAT THE GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING VARIOUS MUNICIPAL PROJECTS, TO BE SUBMITTED AT A BOND REFERENDUM OF THE QUALIFIED ELECTORS OF THE CITY OF DELRAY BEACH ON NOVEMBER 7, 1989, SHALL MATURE AT SUCH TIMES NOT EXCEEDING TWENTY (20) YEARS FROM THEIR DATES OF ISSUANCE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 76-89 is on file in the official Resolution Book) Ms. Brainerd moved to approve the Consent Agenda, 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. -10- 10/10/89 32.A.1. Mr. Weatherspoon questioned, with regard to the policy of taking City cars home, if it is the Interim City Manager's intent that the Commission answer the survey as they would like to see it and then decide what the policy will be. The Interim City Manager stated if they could get the survey filled out, he will have it on the agenda in two weeks, and the Commis- sion, at that time, can give him their consensus position on those various items and any others which may occur to them. He will draft a policy statement, which will be part of the policy manual of the City, subject to change only by the Commission. Hopefully, this will give everyone a single source document to go to for policies. Mr. Weatherspoon stated it is hard for him to fill in the survey without having some input on why Department Heads think they need something or why they do something they way they do. The Interim City Manager suggested that perhaps the Commission would like to have a workshop and have the Department Heads present. They could then draft a policy document and bring it back for adoption. Ms. McCarty stated she believes that Mr. Barcinski was working on a draft policy in January with regard to this and it was completed. She feels they should find that policy and give it to the Commission as a basis to look at. If they look at this study, it may not be necessary to have a workshop if the draft policy explains why certain things are going on. Ms. Brainerd stated if they get the draft policy in their packages, they could take a look at it and see if they can do their surveys. It could then go straight to a regular agenda. 32.A.2. Mr. Andrews stated, with regard to Item 17, Currie vs. City of Delray Beach, which was approved tonight without any comment, that he has some questions regarding this. Mayor Campbell advised the Commission has discussed this before. The Interim City Manager suggested that Mr. Andrews get with the Assistant City Attorney regarding this. 32.A.3. Ms. McCarty questioned the status of the City Manager's Selec- tion Committee. The Interim City Manager advised it is his understanding, from discussion with Mr. Ellingsworth, that they were going to meet and organize themselves. They would then notify the Commission as to who their point of contact would be so that they could deal with a chair- person. He would then supply the Committee with the information the Commission directed him to give them and, after an organizational meeting, they will come back to the Commission with a program of work and an allocation of fund request. Ms. McCarty requested that they ask for a time certain. Mayor Campbell suggested that the Interim City Manager prepare a letter, from either one of them, and have a time certain that they meet. 32.A.4. Ms. Brainerd stated it has come to her attention that the press no longer receives complete agenda packets. She feels it is definitely to their advantage for the press to get complete information and, therefore, would like to direct staff to begin giving them the same packets the Commission receives. 32.A.5. Ms. Brainerd stated that at the SCRWTD Board meetings they have been discussing the pros and cons of privatization of the Treatment Facility. She would like to have a workshop and have the City's staff come to them with pros and cons so that the Commission can go to the next SCRWTD Board and be more prepared. Upon question by the Interim City Manager, Ms. Brainerd stated she would like staff to make a presentation and have a single item workshop. -11- 10/10/89 Ms. McCarty stated, if possible, she would like to wait until after the Bond Issue Referendum which is November 7th. The Interim City Manager stated the SCRWTD Board is asking for a special meeting, and if they set an earlier date for this, he may recommend an earlier date for the workshop. 32.A.6. Mayor Campbell stated he would like to discuss the Grants Administration Contract within the next ten days. He believes they should seriously look at an extension and not going the full year. They need a better transition period between the person who is now on board and the professional company they hired. 32.A.7. Mayor Campbell stated, with regard to the train station, that he would like to move forward and visit the possibilities of where they are going and what the future might be. He is particularly concerned that the DOT usurped some of the money for their fiasco in Ft. Lauderdale. If Delray Beach is going to have a station, it deserves approximately $300,000. He would like to workshop this item. 32.A.8. Mayor Campbell stated that they are moving forward with regard to the pole historic lamps in the Old School Square District and he questioned if there is any indication as to when they might be in- stalled. The Interim City Manager advised they will research this and furnish the Commission a response. 32.A.9. Mayor Campbell stated, with regard to the turtle issue, that he does not know whether or not a lot of the street lamps along the beach may have been part of the problem. He would like the Commission to consider possibly utilizing the same low, black historic looking lamp- posts and putting them along the beach. He is not sure whether this is feasible; however, he would like the City Manager to look into this. 32.B. There were no Non-Agenda items by the Assistant City Attorney. 32.C.1. The Interim City Manager advised that they will have to canvass the returns from the Downtown Development Authority election and he questioned at what time the Commission would like to do this. It was the consensus of the Commission to meet on October 18th at noon. Mayor Campbell declared the meeting adjourned at 8:08 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of October 10, 1989, which minutes were formally approved and adopted by the City Commission on -12- 10/10/89 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. -13- 10/10/89