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11-28-89 NOVEMBER 28, 1989 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Commission Chambers at City Hall at 7:00 P.M., Tuesday, November 28, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Mayor Doak S. Campbell Absent - Commissioner Jimmy Weatherspoon Also present were - Interim City Manager Malcolm T. Bird and Assistant City Attorney Jeffrey A. Kurtz. 2. The opening prayer was delivered by Reverend John Hadlock, Church of the Nazarene. 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 kgenda and placed at the end of the Regular Agenda. The Interim City Manager requested that Item 10 (Ordinance No. 81-89) be tabled until December 5th. Ms. Brainerd moved to approve the agenda, postponing Ordinance No. 81-89 to the next regular meeting and moving Item 28 to the end of the regular agenda, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 5. Ms. Brainerd moved to approve the Special Meeting minutes of October 26, 1989, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. PUBLIC HEARINGS 6. Ordinance No. 71-89. Ordinance No. 71-89, a voluntary annexa- tion of the Holland property located east of the BocaRay Plaza (Military Trail and Linton Boulevard) with initial City zoning of POC (Planned Office Center), 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. 71-89: 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 SOUTH SIDE OF LINTON BOULEVARD, APPROXIMATELY 600 FEET EAST OF MILITARY TRAIL; 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. 71-89 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. Brainerd moved for the adoption of Ordinance No. 71-89 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 7. Ordinance No. 77-89. Ordinance No. 77-89, amending the Bed and Breakfast Ordinance (No. 53-89) to expand the zoning designation in which a Bed and Breakfast use can exist, 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. 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. (Copy of Ordinance No. 77-89 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. 77-89 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 8. 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 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. 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. -2- 11/28/89 (Copy of Ordinance No. 79-89 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. Brainerd moved for the adoption of Ordinance No. 79-89 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 80-89. Ordinance No. 80-89, adopting EPA man- dated requirements for Industrial Pretreatment, 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. 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 53o999(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. (Copy of Ordinance No. 80-89 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. 80-89 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; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 11. Ordinance No. 82-89. Ordinance No. 82-89, formally adopting the Comprehensive Plan with modifications in compliance with objections from the Department of Community Affairs, 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. 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. (Copy of Ordinance No. 82-89 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 -3- 11/28/89 with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Roger Saberson questioned if there has been any change in the application of the SAD zoning ordinance, in any land use category, from the plan which they originally sent up to the DCA. Mr. Kovacs, Planning Director, advised there has not. Digby Bridges stated he feels very strongly about the future width for the right-of-way for Lake Ida Road from Swinton Avenue to Federal Highway. He feels that every effort should be made to get this narrowed down and keep it at a maximum of 60 feet. The public hearing was closed. Ms. Brainerd questioned, if they agree with what was stated by Mr. Bridges on the methodology of keeping the right-of-way to 60 feet, how they go about it at this point. Mr. Kovacs stated that the problem they run into is not right- of-way, per se, but the designation of the street. It is designated as a collector street on the County's Master Thoroughfare Plan and the City's plan; therefore, to have it take a different status, would mean it should be designated as something else. Mayor Campbell suggested that they add a policy statement that the Commission wants to keep the road at 60 feet. Mr. Andrews left the Commission Chambers at this time due to a conflict of interest. Ms. Brainerd suggested that the road be 68 feet from Swinton Avenue to 2nd Avenue and 60 feet from 2nd Avenue to Federal Highway. Following discussion, it was the consensus of the Commission to have Lake Ida Road, west of Congress Avenue, as two lanes, and east of Congress Avenue as four lanes. (Please Note: There was additional discussion relative to this item; however, the recording of this portion of the meeting was stolen from the City Clerk's Office before being transcribed). Roger Saberson stated that the Commission has already approved a facility of Lake Ida Road which will increase the traffic. They may need some building permits to modify part of the building and he ques- tioned how anyone with any kind of development, which will impact Lake Ida Road, will get a permit. He would ask that the Commission seriously consider this action and also that this may constitute the taking of people's property to declare an absolute moratorium. With regard to Policy A-1.4., it was the consensus of the Commission to go with item B. With regard to Policy A-5.4, it was the consensus to go with the underlined language. With regard to Policy B-1.3, the Commission had no problem with the change. With regard to Policy B-2.5, the Commission decided not to go with it. With regard to Policy A-5.7, the Commission had no problem with the change. With regard to 5.B, the Commission had no problem with the change. Ms. Brainerd moved for the adoption of Ordinance No. 82-89, as amended, on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 0 vote. PUBLIC COMMENTS 12.1. Helen Coopersmith stated she would like to congratulate the City and the people who brought the Bond Referendum to fruition. There was one man, Sam Cutler, who worked very hard with her to sell the entire four items on the Referendum and who died the night before the election. She requested that they have a moment of silence in his memory. -4- 11/28/89 12.2. Virginia Schmidt stated she would like to publicly commend the Interim City Manager for the timely and appropriate actions he took in the traumatic events which shook the Delray Beach Police Department on Friday, November 17th. His handling of this entire matter, including his authorizing the employment of professional counseling services to assist employees in coping with their emotional distress, is evidence of a sensitive and caring leadership. The Commissioners and citizens of Delray are fortunate he was in that position and acted decisively to bring healing sources when they were sorely needed. 12.3. Lillian Feldman noted that before Congress Avenue was widened there was a street sign at the corner of S.W. 20th Court and Congress Avenue; she would like to see that it is replaced. 12.4. Chief Charles Kilqore, Delray Beach Police Department, stated that on November 17th they lost Captain Jerry Paller. He would like to thank the Commissioners, City employees and citizens for their support in the Department's time of grief and stress. He would also like to recognize the County Trauma Team, the EPA and the Palm Beach County Sheriff's Office. He advised that the City Manager, Personnel Director, Dr. Biggan, a psychologist, and every member of the Police Department each deserve special recognition for their help during this time. 12.5. Lorraine Caspar stated that this afternoon she noticed that there is a Christmas tree lot at Federal Highway and S.E. 10th Street which has laundry hanging from the trailer on the lot. She also ques- tioned if there is any way of contacting the Code Enforcement Department on Saturdays as she has seen numerous violations occur then. 12.6. Tom Fleming stated he would like to thank all of the people of Delray Beach, without whom they would not have achieved the victory they did last Tuesday night by having the School Board of Palm Beach County adopt the "Sharing For Excellence" Plan and breathe new life into public schools in Delray Beach. He would like to express particular acknowl- edgment and appreciation to Assistant City Manager John Elliott and Lula Butler, Director of Community Improvements. 12.7. Alice Finst, 707 Place Tavant, stated she is particularly concerned about the landscaping which went in on N.E. 8th Street practi- cally overnight and managed to obscure the beautiful palms which have been there for many years. She feels there is excessive landscaping there and would like the Commission to look at this and perhaps move some of the trees to where they are better needed. 12.8. David Schmidt stated that when he came before the Commission several weeks ago, the Interim City Manager responded to Mr. House's request with a list of conditions and has told him that he still wants him to comply with those conditions. The one condition he would like to discuss tonight is the painting of the pro shop, clubhouse and bag storage area. Ms. McCarty had questioned if those buildings had been painted while Mr. House was there, and he told her that he thought they had. Mr. House went through his records, and he has copies of the cancelled checks to show that the clubhouse and bag storage area were painted when he took over the premises. In January Mr. Miller took over responsibility of the restaurant. He looked at Mr. Miller's contract today and it states that the City is responsible for maintenance of the exterior of the building. Therefore, he does not feel that the City's request to have Mr. House paint the exterior of that building is valid. With regard to the pro shop and bag storage area, Mr. House has painted it once and he does not feel it is fair to ask him to paint it again one month before a new lessee comes in. He is asking for some direction from the Commission to the Interim City Manager that he not be required to paint those buildings. Mayor Campbell stated they can discuss this item at next week's workshop meeting. Mr. Schmidt commented that in the Interim City Manager's letter he requested that the painting be done by December 8th. The Interim City Manager advised they will have a meeting on December 5th. If it is not the Commission's desire to grant a waiver, they can grant a week's extension to make sure they do not cause a problem. -5- 11/28/89 Mr. Andrews returned to the Commission Chambers at this time. FIRST READINGS 13. Ordinance No. 76-89. Ordinance No. 76-89, amending the Code of Ordinances by enacting a new subheading "Change Orders and Contract Modifications" to provide for approval procedures for Change Orders to construction and non-construction contracts, contract modifications and internal procedures for processing those documents, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 12th. The Interim City Manager presented Ordinance No. 76-89: 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, "CHANGE ORDERS AND CONTRACT MODIFICATIONS", TO INCLUDE SECTIONS 36.10 THROUGH 36.14; PROVIDING FOR THE PURPOSE OF SAID SECTIONS; PROVIDING DEFINITIONS; PROVIDING FOR APPROVAL PROCEDURES FOR CHANGE ORDERS TO PURCHASE ORDERS FOR NON-CONSTRUCTION CONTRACTS; PROVIDING FOR APPROVAL PROCEDURES FOR CHANGE ORDERS TO CONSTRUCTION CONTRACTS; PROVIDING FOR INTERNAL PROCEDURES AND FOR THE PROCESSING OF CHANGE ORDERS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 76-89 on First Reading, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14. Ordinance No. 78-89. Ordinance No. 78-89, amending the Code of Ordinances to provide additional information relating to qualifications and time frames for qualifying for special elections to fill vacancies created by Municipal recall, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 12th. The Interim City Manager presented Ordinance No. 78-89: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 34, "ELECTIONS", SUBHEADING, "QUALIFICATIONS FOR CANDIDACY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 34.16, "FILING OF NOMINATING PETITION", AND SECTION 34.17, "PROCEDURE AFTER FILING", TO PROVIDE FOR QUALIFICATIONS AND TIME FRAMES FOR QUALIFYING FOR SPECIAL ELECTIONS TO FILL VACANCIES CREATED PURSUANT TO FLORIDA STATUTES SECTION 100.361, "MUNICIPAL RECALL", PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 78-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 15. Ordinance No. 83-89. Ordinance No. 83-89, amending the Linton Square SAD to accommodate a veterinary clinic, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 12th. The Interim City Manager presented Ordinance No. 83-89: -6- 11/28/89 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 52-84 BY AMENDING SECTION 2(a) TO ADD "VETERINARY CLINIC", SUBJECT TO CERTAIN RESTRICTIONS, AS AN ADDITIONAL CONDITIONAL USE WHICH IS PERMITTED IN THIS SAD ZONING DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Ms. Brainerd moved for the adoption of Ordinance No. 83-89 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 16. Waiver of Bid Requirements and Re-Award of Bid. The Commission is to consider waiving performance bond requirements and insurance provisions for McNab Roofing, the company awarded the bid for repair of Pompey Park roof and re-award bid at a reduced amount and with condi- tions. Approval is recommended. Ms. Brainerd moved to approve waiving the performance bond requirements and re-award bid to McNab Roofing, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Waiver of Bid Requirement. The Commission is to consider waiving the insurance requirement for Lush Landscaping and Design, the company awarded the bid for landscaping of the North Water Plant. Approval is recommended. Ms. Brainerd moved to approve waiving the bid requirement, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 18. Conditional Use and Site Plan Approval. The Commission is to consider a request from the Drug Abuse Foundation for conditional use and site plan approval for a proposed full service drug abuse prevention and treatment campus on Swinton Avenue and S.W. 4th Street. Approval is recommended subject to the conditions made by the Planning and Zoning Board at their November 20, 1989, meeting. Ms. Brainerd moved for conditional use and site plan approval, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 19. Site Plan Approval. The Commission is to consider a request for site plan approval for a proposed Target Shopping center to be located on the south side of Linton Boulevard between S.W. 10th Avenue and Wallace Drive (Germantown Road, if extended). Interim City Manager recommends approval. The Planning and Zoning Board split recommendation (3-3 vote/ Coopersmith, Purdo and Schmidt dissenting), subject to the conditions made at their meeting of November 20, 1989. Ms. Brainerd moved for site plan approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Andrews stated that the interior parking, functionally, is not working. He would like the Commission, at some point in the future, to look at an alternative interior landscaping plan which might be proposed by the developer to be more creative and enhance the shopping center. -7- 11/28/89 At this point the roll was called to the motion. 20. Site Plan Approval and Modifications to Water Service Agree- ment. The Commission is to consider a request for site plan approval for Delray Senior Living, Inc., and modification of portion of water service agreement to delete requirement of meeting City development regulations. The Interim City Manager and Planning and Zoning Board recommend approval. Ms. McCarty moved for site plan approval and modifications to the water service agreement, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Site Plan Approval. The Commission is to consider a request for site plan approval for a proposed 16 unit multiple family project, Renaissance on the Ocean, to be located on the east side of A-l-A, just south of Linton Boulevard. The Interim City Manager and Planning and Zoning Board recommend approval subject to the conditions made at their November 20, 1989, meeting. Ms. Brainerd moved for site plan approval, seconded by Ms. McCarty. Mr. Andrews stated that with the exception of the shade wedges which are in there, he cannot believe that they are accepting this elevation on the beach. Upon question, the developer of the project advised that a full color rendering has not been completed. Mr. Andrews stated he cannot understand why the Community Appearance Board would not want to see a complete rendering. He feels the building is totally unattractive and he cannot support it. Mayor Campbell suggested that they postpone this item until December 5th and perhaps by that time the developer could get with Mr. Andrews and show him more detail. Ms. Brainerd made an alternate motion to postpone this to December 5th, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 22. Site Plan Modification Approval. The Commission is to consider a request for modification to established site plan for BocaRay Plaza to establish a Pizza Hut Restaurant on the remaining out parcel. The Interim City Manager and Planning and Zoning Board recommend approval, subject to the conditions made at their November 20, 1989, meeting. Ms. Brainerd moved for approval of the site plan modification, seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Andrews stated that when he was on the Planning and Zoning Board one of the things they were having a problem with were out parcels as they related to the balance of the architecture of the complex. Derek Williams, representing Pizza Hut, advised that they have conformed to the shopping center and the NCNB Bank with regard to roof color. He presented a rendering to the Commission and noted that they will have the same roofing tile and the building will be painted the same color as the shopping center. At this time they are going through the Community Appearance Board and are trying to get a monument sign outside the building. At this point the roll was called to the motion. 23. North Federal Highway Beautification. The Commission is to provide direction and approval for redesign of landscape and irrigation 8 11/28/89 for the North Federal Highway beautification project utilizing plant materials acceptable to DOT. The Interim City Manager recommends approval with the City's Horticulturist doing the redesign work inhouse. The Interim City Manager stated that they had a problem with having mountable curbs in this area and would face either an $80,000 cost to replace all the curbing or a modification to plant material. His recommendation would be that they amend the plan, using inhouse staff and bring it back to the Commission for approval when it is completed. Mayor Campbell left the Commission Chambers at this time and Vice-Mayor McCarty took the chair. Upon question by Mr. Andrews, Nancy Davila, Horticulturist, advised they are looking at non-impacting trees so that each of the stems does not get over four inches. Ms. Brainerd moved to approve the redesign of landscape and irrigation for North Federal Highway beautification, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 24. Waiver to the Landscape Requirements. The Commission is to consider a request from Mr. and Mrs. Leroy Hayes for waiver of landscape requirements for property located at 13 N.W. 10th Avenue. Approval is recommended. Ms. Brainerd moved to approve the waiver, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 25. Request for Addition to List of Nostalqic Signs - Rod and Gun Club Restaurant. The Commission is to consider a request to advertise for public hearing to add the sign at the Rod and Gun Club Restaurant located at 4285 West Atlantic Avenue to the City's list of Nostalgic Signs. The Interim City Manager and Nostalgic Sign Committee recommend denial. Ms. Brainerd moved for denial of the request, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. 26. Request for Payment of Legal Fees. The Commission is to consider a request from Mr. Friedman to pay fees incurred in conjunction with obtaining a Board Order for a variance from the Board of Adjust- ment. Assistant City Attorney Ruby advised the fees involved were generated from the preparation of documents and affidavits to get the Board Order signed, not getting the variance itself. The fees total $6,300. The legalities are such that even if they had gone to court and prevailed, attorneys fees would not have been awarded per statute or legal requirement. However, the Commission may want to look at the equities in this case and make a different determination. Ms. Brainerd stated she feels that the expenses were incurred prematurely and the individuals did not give staff enough time to respond and correct the error made. Expert counsel has told her that this should have been able to have been resolved in approximately four hours of legal time. Ms. Brainerd moved that they settle this matter and pay the applicant $1,000 in legal fees, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 3 to 0 vote. -9- 11/28/89 Vice-Mayor McCarty suggested that they send a letter to the Chairmen and Vice-Chairmen of all boards so that they understand their roll. 27. Approval of Advertisement for City Manager Position. The Commission is to consider a request from the City Manager Selection Committee to approve ad to be used to solicit applicants for the City Manager position. Vice-Mayor McCarty stated the Selection Committee has a pro- posed advertisement for the Commission to approve tonight which will be advertised in their first available issue in December and again in January. Ms. Brainerd stated that, basically, she is ready to move approval of this; however, there is some verbiage which states that they want someone with high integrity and ethics. She stated that it would go without saying that someone would have those. Vice-Mayor McCarty stated that when they had a professional firm do this last time, they included that language in the ad. The Selection Committee looked at that as a model and included it. Ms. Brainerd moved to approve the verbiage for the advertise- ment for the City Manager position, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - No; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. (Note: Mayor Campbell returned to the Commission Chambers prior to roll call). Before roll call the following discussion was had: Ms. McCarty stated that the Committee had originally suggested that an MBA or MPA would be desired or preferred; in the ad which the City did previously, it was required. In the ad presented tonight neither or these are presented and she questioned if it is a typo or did they conscientiously withdraw it. Ken Ellingsworth advised there was a short discussion that the seven year tenure suggested would be more desirable than having a Degree. Ms. McCarty stated that when they look at salary range, they have a right to expect that they would have an advanced degree or at least prefer one. She would like to see the original language where they had stated that a degree would be preferred or desired. She also suggested that at the end of the ad they add the information "selection to take place after March election" so that the applicants understand the time frame for selection. Mayor Campbell returned to the Commission Chambers at this time. Ms. Brainerd stated she does not think that a piece of paper is a measure of the person. At this point the roll was called to the motion. 28. Request for Payment of Leqal Fees. The Commission is to consider a request from former City Manager Walter Barry to pay legal fees in the amount of $1,166.30 for services rendered in preparation of defense against alleged sexual harassment and discrimination charges. Assistant City Attorney Kurtz advised that it is the recommen- dation of his Office that if the Commission wants to approve this, they approve the payment of this bill but do not authorize the continuation of the legal services at this point in time. Mayor Campbell stated he feels it would be appropriate to get a memorandum as to what the City's obligation is and, if they do decide to go forward, they get some information on the hourly rate and projected cost. -10- 11/28/89 Ms. McCarty stated she is in agreement with the City Attorney's Office that they not go forward until the Commission authorizes it. Ms. McCarty moved to approve payment of the legal fees, second- ed by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - No; Ms. McCarty - 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 is not arguing the fact that they have authorization, legally, to provide attorney services for any City employee when they are sued for actions taken in the line of duty. Her only objection to this claim is that she feels it is premature; this individual was not sued and he solicited attorney's fees outside of that scope of responsibility. At this point the roll was called to the motion. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 29. Request for Payment of Legal Fees. The Commission is to consider a request for payment of legal fees in conjunction with the Palm Beach Newspapers, Inc. vs. Charles Kilgore case. This request is for fees in the amount of $3,622 to be paid to the attorney for Palm Beach Newspapers, Inc., as mandated by the Public Records Statute. Approval is recommended, subject to determination that the fee amount is reasonable. 30. Ratification of Chamber of Commerce Appointment to the Human Relations Committee. The Commission is to consider ratifying the Chamber of Commerce appointment of Dr. Jay Alperin to the Human Rela- tions Committee to a term ending March 15, 1990. 31. Ratification of Amendment to Interlocal Agreement. The Commis- sion is to consider ratification of amendment to interlocal agreement between the City and City of Boynton Beach adopting the standards for discharge of wastewater as specified in the Industrial Waste and Pre- treatment Agreement. Approval is recommended. 32. Ratification of First Amendment to Industrial Waste and Pre- treatment Agreement. The Commission is to consider ratification of amendment to Industrial Waste and Pretreatment agreement which sets the limits on disposal of hazardous chemicals into the wastewater system to meet the Environmental Protection Agency's standards. Approval is recommended. 33. Ratification of Change Order No. 2 - City Hall Expansion Project. The Commission is to consider approving Change Order No. 2 in the amount of $37,969. This change represents an increase in contract for proposed interior changes. Additionally, a seven calendar day time extension is requested to implement those changes. The Interim City Manager recommends approval with funding from the 1987 Utility Tax Bond interest earnings. 34. Final Plat Approval. The Commission is to consider approval of final plat for Royal Commercial Park of Delray (R&N) located on the east side of Congress Avenue behind the Exxon Station on Atlantic Avenue. Approval is recommended. 35. Final Plat Approval. The Commission is to consider approval for Fountaine Fox House (Ocean Apple Estates) located on North Ocean Boulevard, between N.E. 8th Street and Beach Drive, extending from the Atlantic Ocean to Andrews Avenue. Approval is recommended. 36. Temporary Tent Permit. The Commission is to consider approving a temporary tent permit for the Delray Beach Historical Society to erect a tent on the grass west of Cason Cottage, from December 1 - 4, 1989, -11- 11/28/89 for the grand opening of the Victorian Christmas House. Approval is recommended. 37. Resolution No. 87-89. Resolution No. 87-89, authorizing the Florida Department of Revenue to wire revenues to the City's agent, Barnett Bank of Palm Beach County, from the Local Government Half-cent Sales Tax Fund, is before the Commission for consideration. The caption of Resolution No. 87-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AND AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE IN ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE A BANK TO RECEIVE THE LOCAL GOVERN- MENT HALF-CENT SALES TAX STATE WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO WIRE TRANSFER SAID LOCAL GOVERNMENT HALF-CENT SALES TAX TO A BANK DESIGNATED BY THE CITY OF DELRAY BEACH, FLORIDA, TO RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIGNATED BY THE FLORIDA DEPART- MENT OF REVENUE TO DEDUCT THE COST OF THE WIRE TRANSFER FROM THE AMOUNT RECEIVED FOR TRANSFER. (Copy of Resolution No. 87-89 is on file in the official Resolution Book) 38. Resolution No. 88-89. Resolution No. 88-89, authorizing the Florida Department of Revenue to wire revenues to the City's agent, Barnett Bank of Palm Beach County, from the State Revenue Sharing Fund, is before the Commission for consideration. The caption of Resolution No. 88-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AND AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE IN ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE A BANK TO RECEIVE THE REVENUE SHARING STATE WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO ELECTRONIC FUNDS TRANSFER SAID REVENUE SHARING FUNDS TO A BANK DESIGNATED BY THE CITY OF DELRAY BEACH, FLORI- DA, TO RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIGNATED BY THE FLORIDA DEPARTMENT OF REVENUE TO DEDUCT THE COST OF THE TRANSFER FROM THE AMOUNT RECEIVED FROM TRANSFER. (Copy of Resolution No. 88-89 is on file in the official Resolution Book) 39. Resolution No. 89-89. Resolution No. 89-89, authorizing the Florida Department of Revenue to wire revenues to the City's agent, Barnett Bank of Palm Beach County, from the Local Government's Local Option Gas Tax Fund, is before the Commission for consideration. The caption of Resolution No. 89-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AND AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE IN ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE A BANK TO RECEIVE THE LOCAL GOVERN- MENT'S LOCAL OPTION GAS TAX WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO WIRE TRANSFER SAID LOCAL OPTION GAS TAX TO A BANK DESIGNATED BY THE CITY OF DELRAY BEACH, FLORI- DA, TO RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIGNATED BY THE FLORIDA DEPARTMENT OF REVENUE TO DEDUCT THE COST OF THE WIRE TRANSFER FROM THE AMOUNT RECEIVED FOR TRANSFER. (Copy of Resolution No. 89-89 is on file in the official Resolution Book) 40. Resolution No. 91-89. Resolution No. 91-89, accepting abandon- ment of the south 25 -feet of right-of-way on Royal Palm Boulevard, is before the Commission for consideration. -12- 11/28/89 The caption of Resolution No. 91-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF ROYAL PALM DRIVE LYING NORTH OF LOT 7, BLOCK "A", AS SHOWN ON THE PLAT OF SUNNY ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING THAT THE ABANDONED RIGHT-OF-WAY SHALL REVERT IN ITS ENTIRETY TO LOT 7, BLOCK "A", PLAT OF SUNNY ACRES. (Copy of Resolution No. 91-89 is on file in the official Resolution Book) 41. Award of Bids and Contracts. A. Golf Course Environmental Audit - Ch2M Hill in the amount of $1,980 with funding from Golf Course Administration Engineering Services (Account No. 445-4711-572-33.11). Ms. McCarty moved for approval of the Consent Agenda, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 42.A.1. Mr. Andrews stated he would like the Commission to accept, on first reading next week, an ordinance on transfer development rights and authorize the City Attorney to draw up such an ordinance. The Interim City Manager requested that they not do this within the SAD ordinance as it currently exists. Mr. Andrews stated he would like this to be on the agenda, and whichever way the City Attorney feels comfortable with, they should move forward. 42A.2. Mr. Andrews stated that he and the City Attorney met with FSLIC on Monday and they are going to prepare a written statement for every- one. In addition, the last time they talked there was trial set on this; the Judge has taken the case off the docket and moved it for summary judgment. 42.A.3. Mr. Andrews advised he just got back from the National League of Cities Conference and has ordered tapes. He feels they should workshop, sometime in the future, the idea of having a drug conference. There is a phenomenal amount of information and communities which are getting results with various programs. In addition, since the bond on Pineapple Grove passed, there are numerous critiques and ideas on how to go about making it work. 42.A.4. Ms. McCarty questioned the status of Auburn Trace. The Interim City Manager advised that Auburn Trace will appear before the Community Appearance Board tomorrow night to request some changes. They are going to be looked at critically and the Commission will have copies of what action was taken, by Friday, so that they can determine which action to follow up on. There were changes to the shutters from Bahamian angled shutters to side wall shutters; a color change; a question of whether or not the accent line which went around between the first and second floor was sufficiently delineated; a change to the windows from single hung to awning; the elimination of a sliding door opening out onto the patio area and a proposed change to some wall elements which had been suggested by the Police Department. There were also two changes to roof design and roofing materials which he knows Commissioner Andrews had a particular concern about and which they may want to address. Ms. McCarty suggested that perhaps they should place this on an agenda next week, after the CAB has made its comments. The Interim City Manager advised he will get the information which was provided at their workshop which shows the total scope of the changes requested and, also, whichever were approved. He feels they need to send the message with regard to roofing materials and perhaps they can get some input as to -13- 11/28/89 what they would voluntarily change with regard to a different shingling material. 42.A.5. Ms. Brainerd stated, with regard to the Code Enforcement Ordinance which they took off the agenda tonight, she would like to see it include an appeal process for hardships and an education program as many people do not know what the codes are. Ms. McCarty stated that the West Atlantic Property Owners' Association has some suggested solutions and programs. Also, they need to talk about due process, notice and fine simultaneously. She request- ed that when they do workshop this, the administration notify the organizations representing the area most affected. 42.B. There were no Non-Agenda items by the Assistant City Attorney. 42.C.1. The Interim City Manager advised he has a request from Mr. Yellin, who is the staff member of the Criminal Justice Commission, looking for the Commission to participate with them in their study. He would like the consensus of the Commission for him to send copies of date to them and whether or not they want to consider any kind of funding. If so, he will place it on an agenda with a recommended amount and source. Mayor Campbell advised that the problem originally was that the money coming to fund the Commission was privately put up. The State Attorney was ready to file a law suit and stop everything if there were any public monies, which made the County back off. Now the County has come up with some money; however, they do not have enough and they are looking for all of the governments who can participate and help pay some of the cost. Mayor Campbell suggested they conditionally look into this to see if there are other participants. The Interim City Manager stated if there is evidence of other cities participating, he will place this on an agenda. If not, he will supply the data. 42.C.2. The Interim City Manager advised the Commission has been furnished a memorandum from Frank Spence regarding an offer to purchase City owned property on Venetian Drive and Miramar. The original asking price was $474,000 and the offer is $450,000. He has requested the Realtor to provide all cash as opposed to a first mortgage. While it is her opinion that her Client would accept the addendum, they do not have it signed by the principal. He would like direction from the Commission if they would like to consider or entertain the initial offer, in view of the fact that it included a mortgage on the property or would they only consider an all cash position. It was the consensus of the Commission that they would be interested in cash. The Interim City Manager advised they have some concerns, legally, about the ability to accept a first mortgage. They could give some very clear indication and make sure, by next week, that they have an agreement to purchase, cash only, get that information to the Adviso- ry Board and get their opinion. It was the consensus of the Commission to place this on the agenda next week. Mayor Campbell declared the meeting adjourned at 8:57 P.M. ~Ci~y Clerk~ ATTEST: -14- 11/28/89 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 28, 1989, which minutes were formal- ly approved and adopted by the City Commission on 0fp_~j_~/~~ -//~ . - - ~Cit~ Cler~ J 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. -1~- 11/28/89