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11-14-89 NOVEMBER 14, 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 7:20 P.M., Tuesday, November 14, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Mary McCarty Also present were - Interim City Manager Malcolm T. Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Andrew Hall, retired, the First Baptist Church of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The Interim City Manager stated that the word "approval" should be changed to "denial" in Item No. 11. Also, if passed, the Public Hearing on Item No. 14. will be deferred until the Site and Development Plan is reviewed by the P&Z Board; it will be back on the agenda no later than March 13, 1990. Mr. Andrews requested that Item No. 52.B. be removed from the Consent Agenda and placed at the end of the Regular Agenda. Mr. Weatherspoon moved for approval of the agenda, as modified, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5. Ms. Brainerd moved for approval of the minutes of the Regular Meeting of October 24, 1989, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 6. Mayor Campbell presented a proclamation proclaiming January 12 and 13, 1990, as the dates for the Second Annual "This Old Town" Preser- vation Conference. David Nathanson accepted the proclamation on behalf of the Historic Preservation Board. 7. Mayor Campbell announced the "Distinguished Budget Presentation Award" for Fiscal Year 1988-1989 has been received. Yvonne Kincaide, Budget Director, came forward and accepted the plaque. The Interim City Manager commended her, explaining this is demonstrative of the quality of staff working on behalf of the City. PUBLIC HEARINGS 8. 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 zoning of POC (Planned Office Center), is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion 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. 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. (Copy of Ordinance No. 55-89 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. Brainerd moved for the adoption of Ordinance No. 55-89 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 68-89. Ordinance No. 68-89, formally adopting the changes made to the Delint D.R.I. by amending Ordinance No. 79-84 to reflect approval of the conceptual site plan and Resolution No. 49-85 to reflect procedures for processing modification or deviations for ap- proved plans or requirements, 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. 68-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-84, PERTAINING TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, PRESENTLY ZONED TO THE SAD (SPECIAL ACTIVITIES) DISTRICT AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BY AMENDING SECTION 3 OF ORDINANCE 79-84 TO PROVIDE THAT THE DEVELOP- MENT OF THE SUBJECT PROPERTY SHALL BE IN ACCORDANCE WITH THE APPROVED CONCEPTUAL MASTER DEVELOPMENT PLAN DATED NOVEMBER 21, 1988, AND SUBSEQUENT SPECIFIC SITE PLANS APPROVED BY THE CITY CONSISTENT WITH THE CONCEPTUAL MASTER DEVELOPMENT PLAN, ORDINANCE NO. 79-84, AND RESOLU- TION NO. 49-85, IN LIEU OF THE CURRENT SITE SPECIFIC DEVELOPMENT PLANS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 68-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 10. Ordinance No. 69-89. Ordinance No. 69-89, providing the authority for the debarment and/or suspension of vendors or contractors from doing business with the City; and containing provisions for right of appeal, hearing and reinstatement of vendors or contractors, is before the Commission for consideration on Second and FINAL Reading. -2- 11/14/89 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. Mayor Campbell left the Commission Chambers at this time and Deputy Vice-Mayor Brainerd took the Chair. The Interim City Manager presented Ordinance No. 69-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "DEBARMENT OR SUSPENSION OF VENDORS AND CONTRACTORS" TO INCLUDE SECTIONS 36.29 THROUGH 36.32; PROVIDING FOR THE PURPOSE AND AUTHORITY TO DEBAR OR SUSPEND VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; TO PROVIDE FOR CAUSES OF DEBARMENT OR SUSPENSION OF VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; TO PROVIDE FOR A RIGHT OF APPEAL AND HEARING; TO PROVIDE PROCEDURES FOR REINSTATEMENT OF VENDORS OR CONTRACTORS DOING BUSINESS WITH THE CITY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 69-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 69-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Deputy Vice-Mayor Brainerd - Yes. Said motion passed with a 3 to 0 vote. 11. Ordinance No. 74-89. Ordinance No. 74-89, amending the Zoning Code to delete references to maximum floors in the RM-15, RM-10 and RM-6 zoning district, 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. 74-89: 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 "RM-6 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.143, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY; BY AMENDING "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.183, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY; AND BY AMENDING "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.223, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRE- TY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 74-89 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. -3- 11/14/89 Mr. Weatherspoon moved for the adoption of Ordinance No. 74-89 on Second and FINAL Reading. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Weatherspoon - No; Deputy Vice-Mayor Brainerd - No. Said motion FAILED with a 3 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon asked, if this is the ordinance the Mayor is concerned with relative to a three story structure, does the same apply to Ordinance No. 79-89 (Item 16) where the reference to maximum floors was eliminated. Mr. Kovacs advised that it will apply in the RM-!0 and RM-15 districts; but Mayor Campbell's concern is mainly with the RM-6 area, primarily in the southwest portions of the City, which were zoned RM-6 to accommodate duplexes. At this point the roll was called to the motion. 12. Ordinance No. 75-89. Ordinance No. 75-89, amending the Zoning Code to provide the same setback requirements for townhouses as exists for multiple family dwellings within the specific zoning district, 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. 75-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", "SPECIAL USE REQUIREMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 173.073, "TOWNHOUSES AND TOWNHOUSE DEVELOPMENTS", BY REPEALING SUBSECTION (B), "YARD REQUIREMENTS", IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION (B), "YARD REQUIREMENTS", TO PROVIDE THAT THE YARD REQUIREMENTS FOR TOWNHOUSES SHALL BE THE SAME AS THOSE FOR ANY MULTIPLE FAMILY STRUCTURE WITHIN THE ZONING DISTRICT IN WHICH THE TOWNHOUSE DEVELOPMENT IS LOCATED; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 75-89 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 75-89 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Weatherspoon - Yes; Deputy Vice-Mayor Brainerd - Yes. Said motion passed with a 3 to 0 vote. PUBLIC COMMENTS 13. There were no Comments and Inquiries on Non-Agenda Items from the Public. FIRST READINGS 14. Ordinance No. 73-89. Ordinance No. 73-89, rezoning property located at the southeast corner of N.E. 8th Street and Palm Trail (Henry's Marina) from GC (General Commercial) to SAD (Special Activities District), is before the Commission for consideration on First Reading. If passed, Public Hearing will be deferred until the Site and Develop- ment Plan has been reviewed by the P&Z Board. The Interim City Manager presented Ordinance No. 73-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED -4- 11/14/89 GC (GENERAL COMMERCIAL) DISTRICT IN SAD (SPECIAL ACTIVI- TIES) DISTRICT; SAID LAND BEING A PARCEL LYING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.E. 8TH STREET AND PALM TRAIL; 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. 73-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. (Note: Mayor Campbell returned to the Commission Chambers before roll call). Before roll call the following discussion was had Mr. Andrews stated he would like to see the top story of the open boat storage removed. Mr. Kovacs commented, as an update, the applicant has changed the petition upon the request of the Commission at the previous regular Commission meeting relative to an SAD zoning category. The architects and the owners will give a full presentation tonight. Michael Schneider, of Rhett Roy Landscape Architecture/- Planning, enumerated the eight items proposed for landscape improve- ments, including parking and vehicular circulation. Mayor Campbell returned to the Commission Chambers at this time. Mr. Andrews asked if there has been a survey of the traffic that will be turning into the marina off Eighth Street, going in an easterly direction. Mr. Schneider commented that it is a safe condi- tion. Upon question, Mr. Schneider stated there will be no improvements to the building other than painting and cleaning. Mr. Andrews asked what has been done with the boat racks. Mr. Graham, the proposed occupant of the retail portion of the business, stated there were major concerns with regard to the boat racks at the time he went before the Planning and Zoning Board. He is not the owner of the property, so has no control over removing the boat racks; howev- er, there was an attempt on his part to provide sufficient landscaping to buffer that portion where the boat racks are located. Mr. Andrews expressed a concern regarding the securing of the boats during a possi- ble hurricane. The Manager of the marina advised they have installed eyebolts in the concrete, on direction of the Building Department, and the boats located on the top two levels will be removed and tied down if there is a threat of a hurricane. Mr. Weatherspoon questioned what period of time is involved in the agreement with the church with regard to parking. Mr. Schneider advised this is an ongoing agreement with 'no definite time period designated until it is terminated. Mayor Campbell stated he has been questioned about the small engine repair that gives an appearance of a lawn mower sales. Mr. Graham commented there is an outfit that does service in the marina and also services lawn equipment. Mr. Kovacs advised at this time Code Enforcement is in the process of citing them for this and it should soon be terminated. Ms. Brainerd stated she has some concerns about the intensity of use at this site, such as boat traffic, car traffic, increased environmental risk with more people using petroleum products. Mr. Kovacs commented that the new use to be introduced at this site is boat -5- 11/14/89 sales. The other option is to take the existing downstairs space and fill it with any office or retail establishment which would utilize it. Mr. Andrews suggested that all small engine repairs be related to marine items, as opposed to any small engine repairs. The Commission concurred. At this point the roll was called to the motion. 15. Ordinance No. 77-89. Ordinance No. 77-89, amending the Bed and Breakfast Ordinance (53-89) to expand the zoning designation in which a Bed and Breakfast use can exist, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held November 28, 1989. The Interim City Manager presented Ordinance No. 77-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 56-89, TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", "SPECIAL USE REQUIREMENTS", SECTION 173.0625, "BED AND BREAKFAST INNS", BY AMENDING SUBSECTION (E), TO PROVIDE THAT BED AND BREAKFAST INNS MAY BE ESTABLISHED AS CONDITIONAL USES IN DESIGNATED HISTORIC BUILDINGS, STRUCTURES, SITES, OR CONDITIONAL USES WITHIN SPECIFIED ZONING DISTRICTS, IN ADDITION TO THE OLD SCHOOL SQUARE HISTORIC DISTRICT, PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 77-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - 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 commented that his support was based on the premise that this was to be a pilot ordinance, (to see how it would be accepted), as opposed to allowing this in many Zoning Districts. Upon question, the Interim City Manager advised the Commission of the addi- tional Zoning Districts that were added to the ordinance, providing that the building involved is an historic building. Mr. Weatherspoon stated, with that understanding, he can support it. At this time the roll was called to the motion. 16. Ordinance No. 79-89. Ordinance No. 79-89, amending the Zoning Code to delete references to maximum floors in the RM-15 and RM-10 Zoning District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 28th. The Interim City Manager presented Ordinance No. 79-89: 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 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.183, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY, TO ELIMINATE REFERENCE TO MAXIMUM FLOORS; AND BY AMENDING "RM-15 MULTIPLE FAMILY DWELLING DISTRICT", SECTION 173.223, "DENSITY REGULATIONS; EXCEPTIONS FOR DUPLEXES", BY REPEALING SUBSECTION (A) (3) IN ITS ENTIRETY, TO ELIMINATE REFERENCE TO MAXIMUM FLOORS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -6- 11/14/89 The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 79-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Ordinance No. 80-89. Ordinance No. 80-89, adopting EPA man- dated requirements for Industrial Pretreatment, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 28th. The Interim City Manager presented Ordinance No. 80-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 53, "INDUSTRIAL AND COMMERCIAL WASTE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 53.999(A) TO INCREASE THE FINE FOR A VIOLATION; BY ENACTING A NEW SUBSECTION 53.999(C) TO PROVIDE THAT A VIOLATOR MUST RE-SAMPLE THEIR DISCHARGE FOLLOWING A VIOLATION; BY ENACTING A NEW SECTION 53.092 REQUIRING USERS TO GIVE NOTICE OF A CHANGE IN THE NATURE OF THEIR DISCHARGE; BY ENACTING A NEW SUBSECTION 53.121(D) (3) TO REQUIRE SAMPLING OF DISCHARGES FOLLOWING THE ISSUANCE AND REISSUANCE OF PERMITS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 80-89 on First Reading, seconded by Mr. Weatherspoon. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 18. Ordinance No. 81-89. Ordinance No. 81-89, amending the City Code to provide for legislative changes made to the Code Enforcement regulations, is before the Commission for consideration on First Read- ing. If passed, Public Hearing will be held November 28th. The Interim City Manager presented Ordinance No. 81-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 37.02, ENFORCEMENT OF CERTAIN CODES AUTHORIZED TO PROVIDE THAT THE CODE ENFORCEMENT BOARD SHALL HAVE CONCURRENT JURISDICTION OVER CASES INVOLVED IN VIOLATIONS OF ANY AND ALL NON-CRIMINAL CITY CODES BY AMENDING SECTION 37.03, "DEFINITIONS", TO PROVIDE FOR THE DEFINITION OF REPEAT VIOLATION, BY REPEALING THE DEFINI- TION OF "NOTIFICATION OR WRITTEN NOTIFICATION" AND ENACTING A DEFINITION OF "NOTICE NOTIFICATION OR WRITTEN NOTIFICATION", BY AMENDING SUBSECTION 37.39(I) (3) TO CLARIFY THAT EVIDENCE MAY BE SUBPOENAED TO BOARD HEARINGS BY ENACTING A NEW SECTION 37.41(B) TO PROVIDE FOR RECORDATION OF CODE ENFORCEMENT BOARD ORDERS IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; BY REPEALING SECTION 37.42, "FINES FOR NON-COMPLIANCE WITH BOARD ORDERS", BY ENACTING A NEW SECTION 37.42, "FINES FOR NON-COMPLIANCE WITH BOARD ORDERS", TO PROVIDE FINES FOR VIOLATORS AND REPEAT VIOLATORS, ESTABLISHMENT OF LIENS, AND FORECLOSURE OF LIENS; BY AMENDING SECTION 37.43, "DURATION OF LIENS", PROVIDING THAT CODE ENFORCEMENT BOARD LIENS SHALL BE VIABLE FOR 20 YEARS AND PROVIDING FOR THE RECOVERY OF COST AND ATTORNEY'S FEES UPON FORECLOSURE, BY ENACTING A NEW SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCE- DURES'' TO PROVIDE FOR SUPPLEMENTAL CODE ENFORCEMENT -7- 11/14/89 THROUGH THE CREATION OF CIVIL INFRACTION CITATIONS WITH JURISDICTION FOR ENFORCEMENT IN THE COUNTY COURTS, ESTABLISHING PROCEDURES AND PENALTIES THEREFOR; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 81-89 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - 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 stated, while he agrees with the overall concept, he has concerns that because of a few people who do not comply with certain standards, a large number of those who do comply will be punished; he feels it is too broad and needs more specificity. Mayor Campbell stated, taking those concerns into consideration possibly on Second Reading, there will be further input. At this time the roll was called to the motion. 19. Ordinance No. 82-89. Ordinance No. 82-89, formally adopting the Comprehensive Plan with modifications as recommended by the Depart- ment of Community Affairs, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 28th. The Interim City Manager presented Ordinance No. 82-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES CHAPTER 163; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 82-89 on First Reading, seconded by Mr. Weatherspoon. Mayor Campbell stated he has received some comments that he would like to review and if there is a general consensus on First Reading, he would like these taken into consideration. With regard to: 1) Policy A.1.4. He finds fault with the portion that states, "shall not be accommodated". He feels this is going a bit far. 2) Policy A.5.4 - Rules and Regulations to be adopted. He asked if there could be a statement added indicating the City is trying to streamline the codification process and is this a goal and objective of the City. 3) Policy B.1.2. Page 18 - Wellfield Location. He questioned if it is necessary to say where this future wellfield is going to be. The Interim City Manager stated this probably cannot be done and probably should not be done until they are sited. 4) Page 19 - Lake Worth Drainage District and South Florida Water Management District. He feels rather than obtaining their approval, the plans and considerations should be passed to them for comment and input, opposed to absolute approval. 5) Page 35 - Transitional Commercial property. It has been suggested that the Commission be more flexible in delineating what is in the Transitional Commercial Zoning District and he also suggested adding the LC and SAD classification, if that route is followed. The Commis- sion concurred. Ms. Brainerd amended her motion to include the comments made by Mayor Campbell, Mr. Weatherspoon amended his second. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA -8- 11/14/89 20. Approval of Education Task Force Consensus Statement. The Commission is to consider formally approving the Education Task Force Consensus Statement. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Substitute Agreement - Chamberlain Property. The Commission is to consider termination of the Chamberlain agreement and execution of a new agreement with Morse Operations, Inc., the current owners of the Chamberlain property. Mr. Weatherspoon moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 22. Amended Agreement Between the City and Eagle Outdoor Advertis- ing (Park Ten). The Commission is to consider a request from Eagle Outdoor Advertising to amend the previously approved agreement for movement of a billboard, extending the effective date of installment payments. Mr. Weatherspoon moved for approval, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - 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 stated, based on the information received, if applicable, he feels it should be addressed as a separate item. Mayor Campbell commented he has some concern regarding the allegations that were raised and does not know if it is appropriate to discuss this. The City Attorney advised all the Commission is doing in the action tonight is postponing the effective date. Mayor Campbell asked it there will be an opportunity to revisit this if there has been a misrepresentation. The City Attorney stated that is correct. At this point the roll was called to the motion. 23. Settlement Offer. The Commission is to consider an offer to settle from Mason Equipment and Elgin ManUfacturer, in the City of Delray Beach VS. Mason Equipment and Elgin Manufacturer case. The City Attorney stated the Court-Ordered mediation session was held this afternoon and they did not move from the settlement offer that the City Attorney's office had considered and rejected previously, so the City is prepared to go to trial in January. Ms. Brainerd moved for approval of the City Attorney's recom- mendation to refuse the settlement offer, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 24. Conditional Use and Attendant Site Plan Modification Approval. The Commission is to consider a request for conditional use and atten- dant site plan modification approval to open a motorcycle dealership (Kawasaki) on the south 3,849 square feet of an established shopping center located on the northeast corner of 5th Avenue and N.E. 5th Street. Mr. Weatherspoon moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. -9- 11/14/89 25. Request for Waiver of Right-of-Way Requirement. The Commission is to consider a request from Charles L. Siemon, representing the owners of The Fontaine Fox House (Ocean Apple Estates) located on 610 North Ocean Boulevard to waive the requirement of an 80 foot right-of-way. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 26. Request for Reconsideration of Temporary Tent Permit. The Commission is to consider a request from Craig Steinhart for reconsider- ation of a temporary tent permit to erect a tent at Lindell Boulevard and South Federal Highway for Christmas Tree sales from November 15 to December 30, 1989. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - No; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Ms. Brainerd stated she visited and spoke with the applicant this week and asked him the status of his compliance with the Code Enforcement Board with regard to the yellow flashing sign. Mr. Steinhart advised he is scheduled to appear before the Board on January 9, 1990, and is prepared to comply with whatever settlement is required. Ms. Brainerd also commented she has been contacted by some of the members of the Community Appearance Board who feel there have been times when direction has been given and he has not complied. She further asked for assurance that in the future, since he is aware of the pro- cess, that his actions will reflect compliance. Mr. Steinhart confirmed that he and his brother will appear before the Community Appearance Board and get approval prior to installation of any future signage. Mr. Weatherspoon suggested that perhaps something in the form of a monetary deposit would be in line and requested a legal opinion from the City Attorney. The City Attorney stated he would not recommend that; however, the draft ordinance on which the Commission concurred, will appear on either the next workshop or First Reading agenda, adding a provision stating this type of permit cannot be obtained in the future if there has been a citing or a Code violation in the entire year immediately preceding. At this point the roll was called to the motion. 27. Approval of Funding for Reconstruction of FEC Crossing. The Commission is to consider approval of a payment to FEC in the amount of $38,892.68, with funding to come from the 1988-89 Resurfacing Surplus - General Construction Fund (Account No. 334-3162-541-60.53) for recon- struction of the crossing at Lindell Boulevard in conjunction with the beautification project. Mr. Weatherspoon moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Ms. Brainerd commented she is aware that this has to be paid, but feels the manner in which they go about it is very slippery. The Interim City Manager stated the work has been performed and there is an agreement by which the City agrees to reimburse them for those costs. With permission from the Commission, he is asking the City Attorney to negotiate a modification with them to at least give the City enough advance warning to provide an opportunity to budget those expenses in advance. Mr. Weatherspoon stated, since this was an agreement made in 1957, perhaps there should be an attempt to renegotiate this. -10- 11/14/89 Ms. Brainerd also asked if the FEC uses competitive bids. The City Attorney stated they use their own work crews. At this point the roll was called to the motion. 28. Designation of Additional Funding For Reconstruction FEC Crossings. The Commission is to consider designating funding to cover expenses of the reconstruction/re-paving of FEC railroad crossings. It has been determined that funding will be available in the 1989-90 Resurfacing Surplus - General Construction Fund Account and in the General Fund Unrestricted Fund Balance. The Interim City Manager stated the crew has been working and will continue to work their way through town and the City will be obligated to pay. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 29. Alternate Meeting Dates for City Commission Meetings. The Commission is to consider holding the January 2nd Workshop on January 9th and holding the Regular meetings normally scheduled for January 9th and January 23rd on January 16th and 30th; or alternatively, hold the January 2nd Workshop on January 16, leaving the Regular meetings to occur on their normal dates. Mr. Andrews moved for approval of the alternate meeting dates, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30. Waiver of Consultant's Competitive Negotiation Act. The Commission is to consider waiving provisions of the Competitive Bidding Act for the ground water monitoring project at Miller Field which is required by the Department of Environmental Regulation. Ms. Brainerd moved for approval, seconded by Mr. Weatherspoon. Upon roll call the commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had Upon question by Mr. Weatherspoon relative to the status of what remains to be done, the Interim City Manager stated the City has gotten CH2M Hill to assist in writing the specifications and are now prepared to have that effort put in place. Apparently, when the origi- nal request was received requiring well-field monitoring of old landfill sites, our Historian was not available to remind everyone that, as most landfills are closed out, recreation facilities are placed on top of them such as Miller Field. The City responded there were no landfills and DER wrote back and reminded the City that there were. At this point the roll was called to the motion. 52.B. Award of Bids and Contracts. The Commission is to consider a contract for a Loader/Backhoe for Public Utilities - Case Power and Equipment in the amount of $35,000, with funding from Water and Sewer Equipment (441-5161-536-60.89). Mr. Andrews asked why this was not put out to bid. The Interim City Manager stated the rules are, if it is on a competitively bid list, we take items off those lists without going out to bid again if we find the price to be competitive with the best price believed available. This saves the City from going through another bid cycle when someone else has just gone through it. For example, Police cars are purchased that way off the State Contract, furniture off the Broward County Contract, etc. -11- 11/14/89 Mr. Andrews moved for approval, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 31. Approval of Contract between the City and CH2M Hill. A con- tract to perform groundwater monitoring at Miller Field as required by the Department of Environmental Regulation at a cost of $12,900, with funding available in Water and Sewer Water Treatment Engineering Servic- es (Account No. 441-5122-536-33.11), is before the Commission for consideration. Approval is recommended. 32. Authorization to participate in the Florida League of Cities Legal Computer System. The Commission is to consider authorizing the City Attorney's Office to participate in the Florida League of Cities Legal Computer System, with funding to come from Repair and Upkeep Equipment (001-1611-514-33.32). Approval is recommended. 33. Authorization to Participate as Amicus Curie. An authorization of the City Attorney's Office to participate as Amicus Curie in Page VS. Valentine, is before the Commission for consideration. Approval is recommended. 34. Final Plat Approval. The Commission is to consider a request from William M. Helm for final plat approval for the Delray Beach Yacht Club located at the northwest corner of MacFarlane Drive and Ingraham Avenue. The final plat incorporates the existing yacht club facility, yacht basin, parking spaces and associated landscaping and accessways with a proposed 12-unit condominium structure. Approval is recommended. 35. Appointment of Representative for Logic and Accuracy (L&A) Testing of Automatic Tabulatinq Equipment and Canvassing Board. The Commission is to consider the appointment of Jackie Winchester, Supervi- sor of Elections, as representative for the testing of the City's Canvassing Board to represent the City in the pre-election test and to assist in the canvassing of the absentee ballots for the November 21, 1989, GO Bond Issue. Approval is recommended. 36. ~equest for Internal Fund Transfer. A request from the Public Utilities Director to transfer $190,350 from the prior year (1988-89) Project Reserve to fund the purchase of water meters for FY 1990 ($80,000), to fund interconnect with Boca Raton and Palm Beach County ($95,000), and to finalize acquisition of Lot 21 ($15,350), is before the Commission for consideration. Approval is recommended. 37. Authorization for Expenditure from Law Enforcement Trust Fund. The Commission is to consider a request from the Police Department to expend $13,784 from the Law Enforcement Trust Fund to complete the final phase of Accreditation. Approval is recommended. 38. Uniform "Gross Up". An increase of allowance for uniform "gross up" for seven (non-union) personnel in the Police Department, is before the Commission for consideration. Approval is recommended. 39. Approval of Change Order No. 2 - East Linton Irrigation. The Commission is to consider approval of Change Order No. 2 in the amount of $1,500 to relocate a pump enclosure, electrical wiring and slab further east in Median 912 to avoid conflicts with a concealed electri- cal conduit. Approval is recommended. 40. Request for Final Payment. A request for final payment in the amount of $37,108.88 to Elkins Constructors, Inc., for completion of the Delray Beach Water Treatment Plant Packed Tower Air Scrubbers, is before the Commission for consideration. Approval is recommended. 41. Request for Funding. The Commission is to consider a request from the Frances J. Bright Woman's Club for $50.00 in support of -12- 11/14/89 activities planned for the Martin Luther King, Jr. Holiday celebration, with funding to come from the Commission's Special Events Account. Approval is recommended. 42. Designation of Funding Source. The Commission is to consider designating a funding source to cover expenses incurred by the City Manager Selection Task Force in the amount of $1,000. Approval is recommended. 43. Approval of Exterior Color Selection for City Hall. The Commission is to consider approval of peach dust and white shadow as exterior colors for the City Hall Expansion Project. Approval is recommended. 44. Sign Approval - Del-Ida Park Historical District. The Commis- sion is to consider approval of a sign for the Del-Ida Park Historic District to be located in the cul-de-sac off Swinton Avenue. Approval is recommended. 45. Acceptance of Easement Deed. The Commission is to consider the acceptance of an eight foot easement deed needed for Tom Jr.'s in conjunction with the construction of the Delray Mall Fence. Approval is recommended. 46. Acceptance of Easement Deed. The Commission is to consider the acceptance of a water utility easement from Crosswinds for installation of a water main for Delray Bay which crosses the Crosswinds property. Approval is recommended. 47. Resolution No. 82-89. Resolution No. 82-89, supporting Florida Statute 893.13(1) relative to the selling, purchasing, manufacturing, or delivering of a controlled substance in, on or within 2,000 feet of a public or private, elementary, middle or secondary school and urging the Governor to consider an additional amendment to include houses of worship and public parks, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 82-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING GOVERNOR MARTINEZ AND THE STATE LEGISLATURE TO CONSIDER AN ADDITIONAL AMENDMENT TO FLORIDA STATE STATUTE 893.13 (1) RELATIVE TO THE SELLING, PURCHASING, MANUFACTURING OR DELIVERING OF A CONTROLLED SUBSTANCE IN, ON OR WITHIN 1,000 FEET OF A PUBLIC OR PRIVATE ELEMENTARY, MIDDLE OR SECONDARY SCHOOL BY INCLUD- ING IN, ON, OR WITHIN 1,000 FEET OF ALL HOUSES OF WORSHIP AND ALL PUBLIC PARKS WITHIN THE STATE OF FLORIDA AND URGING THE GOVERNOR TO IMPLEMENT THE ADDITIONAL AMENDMENT OF THIS STATUTE IN HIS "DRUG FREE SCHOOL ZONE PROGRAM". (Copy of Resolution No. 82-89 is on file in the official Resolution Book) 48. Resolution No. 83-89. Resolution No. 83-89, assessing the costs for abatement action required to remove an unsafe building on property located at 146 S.W. 4th Avenue in the amount of $1,511.40, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 83-89 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT -13- 11/14/89 PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE~OF LIEN. (Copy of Resolution No. 83-89 is on file in the official Resolution Book) 49. Resolution No. 84-89. Resolution No. 84-89, assessing the costs for abatement action required to board up an unsafe building on property located at 708 S.W. 2nd Terrace in the amount of $1,518.10, is before the Commission for consideration. The caption of Resolution No. 84-89 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. 84-89 is on file in the official Resolution Book) 50. Resolution No. 85-89. Resolution No. 85-89, assessing costs for abatement action required to board up an unsafe building on property located at 338 N.W. 4th Avenue in the amount of $726.00, is before the Commission for consideration. The caption of Resolution No. 85-89 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. 85-89 is on file in the official Resolution Book) 51. Resolution No. 86-89. Resolution No. 86-89, assessing costs for nuisance abatement action required to remove nuisances on 58 parcels located throughout the City, is before the Commission for consideration. The caption of Resolution No. 86-89 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. -14- 11/14/89 (Copy of Resolution No. 86-89 is on file in the official Resolution Book) 52. Award of Bids and Contracts. A. Submersible Wastewater Pumps - Southeastern Pump Company in an estimated annual amount of $23,443 with funding from Water and Sewer Equipment (441-5161-536-60.89). C. Two (2) Advanced Life Support Rescue Vehicles - Emergency Vehicles Fabricators, Inc., in the amount of $127,250 with funding from Fire/EMS Operations - Automotive (Account No. 001-2315-526-60.84). (Subject to receipt of grant funds from the State). D. Sewer Joint Sealing Equipment for Public Utilities - Cues, Inc., in the amount of $39,570 with funding from Water and Sewer Equipment (Account No. 441-5161-536-60.89). Mr. Weatherspoon moved for approval of the Consent Agenda, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. The City Attorney stated, just as a clarification to Item No. 46., Acceptance of the Easement Deed will be to approve that concep- tually, as there are some language issues that need to be worked out. 53.A.1. Ms. Brainerd stated a letter has been received from Ken Ellingsworth on behalf of the Chamber of Commerce regarding the Delray Affair and requesting the Commission's endorsement of support. Upon question, the Interim City Manager confirmed that this is a budgeted item and there is no action required other than a response, which staff will take care of. Mr. Weatherspoon questioned, in conjunction with this item, if the City has previously provided an individual to be present at the restrooms in Veterans Park. The Interim City Manager stated the Park Ranger has been used in the past, not a restroom attendant, per se. 53.A.2. Ms. Brainerd commented that she would like to add her personal congratulations and, hopefully, consensus support to those received from the Board of Directors of the Villas of Rainberry Homeowners Associa- tion, to the staff members for the great work and a job well done. 53.A.3. Mr. Weatherspoon questioned the status of the Line of Credit. The Interim City Manager advised this will be included in the Manager's Report. 53.B.1. The City Attorney stated FSLIC is willing to meet with the City and a meeting is scheduled for Monday, November 27th. Mr. Andrews stated he has the plans in his office, ready to be drafted. 53.C.1. The Interim City Manager asked if anyone has a suggested date for a Workshop to discuss the Comp Plan. He commented the Commission must meet on November 22nd to certify the results of the election and, if that meeting could be held at 5:00 or 5:30 P.M. rather than at noontime, perhaps a Special Meeting can be held preceding that. The Commission concurred. 53.C.2. The Interim City Manager stated that Ms. Brainerd requested that those of the public that have an interest in the School Board, please avail themselves of the opportunity on November 21st to attend and lend support. Mayor Campbell declared the meeting adjourned at 8:45. P.M. ' ' ~Cit~ Clerk -15- 11/14/89 ATTES 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 of said City Commission of November 14, 1989, which~minutes were formal- ly approved and adopted by the City Commission on ~,/~ ~ /~ . 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. -16- 11/14/89