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12-05-89 DECEMBER 5, 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 7:01 P.M., Tuesday, December 5, 1989. 1. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Mary McCarty Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - Interim City Manager Malcolm T. Bird and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Richard Bass, St. Mary the Virgin American Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Weatherspoon stated he would like Item No. 26 of the Consent Agenda moved to the end of the Regular Agenda. The Interim City Manager reminded the Commission that there is an addendum to Item No. 6.A. adding names to the proclamation section and Item No. 27 on the Consent Agenda has a misprint. The dates to be approved for the Art Show will be December 8th and 9th as opposed to December 4th and 5th. Ms. Brainerd moved to approve the agenda, as modified, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5. Ms. Brainerd moved for approval of the minutes of the Regular Meeting of November 14, 1989 and the Special Meeting of November 22, 1989, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 6. Mayor Campbell stated he is presenting proclamations to formal- ly thank those persons involved in helping with the "Decade of Excel- lence Bond Issue", as follows: Mayor Campbell stated, in addition, he would like to acknow- ledge a contribution to the Bond Committee from the Automobile Dealers Association in the amount of $10,000. LEON APPEL MARK PERRY DOROTHY PATTERSON LAWRENCE PARKER DALE MORRISON ELIZABETH MATTHEWS RICHARD MACHEK MARK LITTLE ANNE GANNON ANN FULTON BRUCE AND EMILY FRIEDMAN MARGARET EHRMANN JEAN BEER JAY ALPERIN SID SOLOWAY MARY LOU STROLLO KEN ELLINGSWORTH SANDY JAMISON HELEN COOPERSMITH Mayor Campbell also presented proclamations to the following persons who gave additional effort as speakers and appeared at the Forums: ALEXANDER "SANDY" SIMON WILLIAM WALLACE SPENCER POMPEY DAVID NATHANSON ROBERT HAYES Mayor Campbell stated the following staff people spent extra hours accompanying the speakers and supplying information to the citi- zens relative to how they would approach the Bond: LULA BUTLER FIRE CHIEF KOEN GATES CASTLE DAVID HUDDLESTON JOSEPH WELDON Mayor Campbell stated the following group of persons were involved in the success gained in dealing with the School Board and expressed gratitude to them for their exemplary achievement and dedica- tion in developing the "Sharing for Excellence Plan" and bringing to fruition the adoption of the Consensus Statement: PATRICIA BRAINERD ALICE FINST EDWARD HAYES WILLIAM MAHER ELIZABETH MULHOLLAND LILLIE PARKER MICHAEL PLUM WILLIAM WALLACE THOMAS FLEMING 7. Mayor Campbell stated the City of Delray Beach has received a plaque from the Solid Waste Authority for the household hazardous waste collection program. Fire Chief Kerry Koen, who carried out the program, came forward to accept the plaque and commented that this activity was accomplished during a three-day period in August of 1989. He advised that 43,000 pounds of materials were turned in for processing and it was done at no cost to the City. If the City should have had to pay for this it would have amounted to a cost of approximately $50,000. PUBLIC HEARINGS 8. Ordinance No. 81-90. 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 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. 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 THROUGH THE CREATION OF CIVIL INFRACTION CITATIONS WITH JURISDICTION FOR ENFORCEMENT IN THE COUNTY COURTS, ESTABLISHING PROCEDURES AND PENALTIES THEREFOR; PROVIDING -2- 12/5/89 A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 81-89 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. The City Attorney stated there has been a request that the effective date not be immediately upon passage, but to have a 30-day effective date. Therefore, his office is recommending that the Ordi- nance be adopted with a modification to Section 14. Upon question by Mayor Campbell as to the purpose, the City Attorney advised it will allow persons in the City Administration, as well as the persons to whom this may apply, to become better aware of the provisions and the proce- dures to be followed. Ms. Brainerd moved for the adoption of Ordinance No. 81-89 on Second and FINAL Reading, with modifications relative to the effective date, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Ms. McCarty questioned if this ordinance is adopted, is it to be then understood that the rules, regulations and specifics will be adopted specific to this City, as the general rules of the State would apply. Upon confirmation, she commented that one of the things she is concerned about is, while that is being accomplished, there should be a warning and a set time to comply before a fine is levied. The Interim City Manager stated that system is currently in the State Statutes, even though it may not be as clear in our City ordinance. It will not be applied in those cases where the property owner is being dealt with, but rather with a landlord, who has a tenant that is creating the problem. Ms. McCarty stated it is her understanding that the rules and regulations provided by staff will not be required to come through the Commission. Upon request, she was assured that a copy would be given to each Commissioner for review prior to being instituted. Mr. Weatherspoon stated his original concern was that the ordinance did not explicitly explain some of the things outlined tonight by the Interim City Manager. He is most willing ~o accept the recommen- dation and eager to see how this will be implemented. The City Attorney also advised that training will be provided, not only inhouse, but seminars will be held throughout the State by members of the organi- zation formed by the Code Enforcement Officers. It is his hope that one or more persons can be sponsored to attend. At this point the roll was called to the motion. PUBLIC COMMENTS 9.1. Sandy Jamison, 515 North Swinton Avenue, representing Del Ida Neighborhood Association, stated he would like to address a problem that he feels is having far-reaching effects on the City's ability to encour- age beautification. He feels this is being restricted by the Code of Ordinances and the manner in which they are being applied. When they became an Historic District, they were told the Board would be an Advisory Board only. He feels the Board and the City has had a mostly counter-productive effect on the desire and ability of the citizens to improve their property. 9.2. Laura Hatfield, S.D. Spady Elementary School, stated they are requesting $600 in an effort to continue their special "Reading is Fundamental" program in order to be able to distribute books to their -3- 12/5/89 students. Mayor Campbell advised that it will be taken under considera- tion and the Interim City Manager will be in contact. 9.3. "Sandy" Simon thanked the Commission for the proclamations and stated he feels a lesson has been learned that through unity almost anything can be accomplished in this City. However, he does not feel it could have happened without the unified support of the Commission on this Bond Issue, the efforts of the Interim City Manager and the staff. REGULAR AGENDA 10. Appointment of a member to the Historic Preservation Board. The appointment of a member to the Historic Preservation Board to fill the vacancy created by the resignation of Clemmer Mayhew, III, effective January 1, 1990, is before the Commission for consideration. Mr. Weatherspoon moved to appoint Rose M. Sloan to the Historic Preservation Board, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 11. Site Plan Approval. The Commission is to consider a request for a site plan approval for a proposed 16-unit multiple family project, Renaissance on the Ocean, to be located on the east side of A1A, south of Linton Boulevard. Mr. Andrews moved for approval, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 12. Title Restriction on City owned property. The Commission is to consider providing direction regarding alternatives for resolving title restriction conflicts on City-owned properties at Block 52 (Central Fire Station) and Lots 7-16, Block 44 (Current Tennis Court Site) based on research and recommendations provided by Mr. Doney. The City Attorney stated they are looking for final guidance in order to proceed regarding the restrictions on these properties. The memo indicates there are two parcels on which three recommendations have been made: 1) Quiet Title Action, 2) Eminent Domain, or 3) Referendum on the Fire Station parcel. (The other parcel is ineligible for that methodology). The recommendation in the City Attorney's memo was to proceed immediately with eminent domain action as to both parcels. Another alternative is to proceed in that direction with one parcel and to proceed to referendum in March on the other parcel. Ms. Brainerd moved to approve the three recommendations of the City Attorney, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned, of the three recommendations, are two going to be followed or only one. Also, if someone should challenge the action of eminent domain, he asked what the City Attorney estimated that cost to be. The City Attorney advised that his estimate would be under $10,000. Ms. McCarty asked for clarification of the motion, since it sounds as though the least costly process would be eminent domain for the one parcel and referendum for the other. Ms. Brainerd stated that is the motion. At this point the roll was called to the motion. 13. Challenge to Definition of Family Ordinance (No. 91-88). The Commission is to consider providing direction to the City Attorney's -4- 12/5/89 Office regarding a claim against the City by the American Civil Liber- ties Union relating to the Definition of Family Ordinance. The City Attorney advised the ACLU has stated if the City does not repeal the ordinance, as it exists, they will sue. He asked if the Commission would like the City Attorney's Office to prepare a repeal or a response. Ms. McCarty commented that originallY it was proposed to follow the Federal Guidelines which was two people per bedroom plus two. In an effort to be more sensitive to people with larger families it was necessary to define "family". She has no problem in following the Federal Guidelines and if the Commission is going to be chastised by the ACLU and newspapers, she is in favor of going along with the Federal regulations. Mayor Campbell stated he feels that would be weakening their position after making a concerted effort to get hold of an out-of-hand situation and feels the City ordinance can withstand the challenge. Ms. McCarty expressed a concern relative to paying legal fees in order to defend the City ordinance. Ms. Brainerd agreed with Ms. McCarty concerning the sensitivity of what was taking place in the community and feels if the ACLU wants to make an issue of it, let them spend their money to proceed. Mr. Weatherspoon stated while he was not completely in favor of the existing ordinance, he did support it, and feels it would be prema- ture on the part of the City, but would prefer to leave it as is and see what happens. The Commission concurred. The City Attorney advised they will graciously decline the invitation to repeal. 14. Public Works Mutual Aid Agreement. The Commission is to consider approving a Public Works Mutual Aid Agreement setting forth procedures for requesting and providing emergency assistance to partici- pating municipalities throughout the State of Florida. Ms. McCarty moved for approval, seconded by Ms. Brainerd. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Camp- bell - Yes. Said motion passed with a 5 to 0 vote. 15. Selection Process for Financial Advisor and Other Services. The Commission is to consider providing direction regarding the selec- tion process for a Financial Advisor, approve proposed RFP language and authorize bid out of other services, i.e., Worker's Compensation Admin- istration, Bond Counsel and newspaper advertisements that will be needed in the future. Upon question, the City Attorney stated he does not feel it necessary to vote on these items, but concurrence is necessary. The Commission concurred to direct the administration to go for an RFP on a Financial Advisor. The Interim City Manager commented the services enumerated in this item are those that have contracts that have not been bid for a significant period of time. It is suggested that Mudge Rose be retained since they have done the preliminary work on the Bond. If the Commis- sion desires, an RFP could be used to consider others for future bond work. The City does a considerable amount of newspaper advertising, which is an open ended contract and there may be others that he will bring before the Commission, as he has requested that all existing contracts be reviewed. He also stated, with regard to the other items, if the Commission directs, the other RFP's will be prepared and returned with a specific document for review and a determination can be made at that time. The Commission concurred. Mr. Andrews stated he is curious as to why the City would not have an outside CPA as opposed to a Finance Director. He feels it is a matter that should be researched. Mayor Campbell stated that would -5- 12/5/89 require a change in administrative structure at this time. Mr. Andrews commented that he would like to workshop this idea. 16. Presentation of Preliminary Landscape Design - Mid Federal Highway and Selection of Plant Material for the Congress Avenue and West Atlantic Avenue Projects. The Commission is to consider direction and input to finalize Mid Federal Highway design plans and select plant materials for the Congress Avenue and West Atlantic Avenue projects as presented by H. Kurt Kettlehut. Mr. Kettlehut gave a slide presentation and explained the change in utilization of a portion of the parking and sidewalk areas, along with a selection of plant materials, and requested direction from the Commission relative to the concept. The portion shown was located from the south end of Federal Highway to the north end at N. E. 8th Street. Upon question, the Commission concurred there are to be no cutouts in the sidewalks. Nancy Davila, City Horticulturist, commented that there may be a third alternative. Mr. Kettlehut spoke of possibly getting some sort of agreement or easement from adjacent property owners to plant within private property. What the Beautification Task Force was looking at, was whether it is necessary to have landscaping along the internal areas along Federal Highway, where much of it is currently privately planted and maintained. The feeling was to continue the landscaping with similar plantings between those already existing. The Commission concurred. Mrs. Davila stated this is presented for further Commission input in order for Mr. Kettlehut to design his final plans. If it is felt that putting the landscaping on private property is repetitive, then he will design his plans to do the landscaping on the sides of the road where there is parking and keeping the middle for private property landscaping. Mr. Andrews stated, it was his understanding, that the recent Comp Plan included something relating to the landscaping of major thoroughfares by private property owners. He also stated he was hoping that the landscaping that is currently located on private property could be inventoried and, as new businesses locate and provide their own landscaping, private enterprise will pay for part of the streetscape. Ms. McCarty asked for clarification of the location of the nodes in the Central Business District in order that crucial parking spaces will not be eliminated. Mr. Kettlehut commented this is the type of direction he is looking for to complete his final design. Jean Beer, Tropic Isle, stated they have been told the land- scaping south of Linton Boulevard is not to go in due to the future widening and six-laning of Federal Highway. Tonight she is hearing there is a parking lane and it has been suggested that the median be filled with grass. She asked how far north and south the six-laning of Federal Highway is to go. Mayor Campbell advised that Federal Highway is currently six lanes north of Linton Boulevard, so this would be in reference to Federal Highway south of Linton. 17. Update on Landscape Projects. The Commission is to consider a presentation by staff addressing specific corrective actions taken to resolve problems and update maintenance procedures for current landscape projects. John McKenna, Chairman of the Beautification Task Force, addressed the concerns raised at the meeting on November 16th and stated a memo was sent to the Commissioners for review. If there are any questions, he will be happy to answer them. Mayor Campbell questioned if Item No. 4. indicates that when plant materials die they are to be replaced within one week. Mr. McKenna stated that is their goal, but there is no contract. Upon question, Mrs. Davila stated it can be implemented into future con- tracts. She also commented that the information received from the University of Florida, specifically recommended that all the fronds be -6- 12/5/89 removed from Sabal Palms and, when transplanted, 99% of their roots regenerate. She suggested that, in the future, it be considered a part of the contract to state that they are to be root-pruned, so they are regenerating roots prior to being planted on City property. Lillian Feldman, Chairman of the Delray Breakfast Club, stated she has received numerous calls from citizens complaining about Linton Boulevard. They would like the palm trees replaced with regular trees and the brown grass around the trees on the north side of Linton Boule- vard replaced. 18. Golf Course Clubhouse Painting. The Commission is to consider a request from Mr. Code House for the City to reconsider a requirement for him to clean and paint the golf course clubhouse, pro shop and bag storage buildings. The Interim City Manager stated Mr. House has painted the pro shop and the bag storage building, but there is no indication that the clubhouse has been painted. David Schmidt, Attorney representing Code House, stated he feels there is conflicting language in the two contracts. Mr. House's contract reads as if the license agreement for the restaurant and bar did not exist. There is a reference in his contract that states he will operate the golf premises which will not include the restaurant and bar if he is not leasing it. In January of this year, the control of that building was turned over to Mr. Miller. Assistant City Attorney Kurtz stated that initially, Mr. House's contract held him responsible for the interior maintenance of those locker rooms, etc., and the exterior. Mayor Campbell questioned if the Brez contract was in place at the same time. Mr. Schmidt advised it was entered into a couple of months before. Ms. McCarty asked for clarification, when Mr. Schmidt agreed to paint all the buildings the Brez's already had a contract saying the City would take care of it, if the City took care of it by putting it in Mr. House's contract. Assistant City Attorney Kurtz advised that is the interpretation. The Commission concurred that Mr. House should paint the interior of the clubhouse, which includes the restaurant and the locker rooms. 19. Auburn Trace Development. The Commission is to consider providing direction to the Community Appearance Board regarding a request for changes to the Auburn Tract project. Mayor Campbell stated the Community Appearance Board declined to make a recommendation and requested that the Commission make a decision. Mayor Campbell commented that the CAB is the primary recom- mending body, not the Commission. Robert Currie, of Currie-Snyder Architects, stated they recent- ly took over the project and are prepared to show the Commission changes that they feel are an upgrade for the buildings as follows: A. Elimination of Bahamian Shutters and substituting them with eyebrows over the windows. B. Use of three color groupings instead of approved Caribbean colors. C. Use of single hung windows rather than double hung and reduction of the number of windows on each unit. Additional use of a mill finish window instead of the approved bronze finish. D. Elimination of sliding glass doors and substituting them with windows. E. Eliminating the three foot privacy fence on ground floor units and substituting it with a hedge. The Commission concurred on approval of the structural change. -7- 12/5/89 Consensus was reached by the Commissioners for one color combination and they will defer to the CAB for a recommendation as to whether it will be the two shades of beige with green or the two shades of peach with the accent. Upon learning that a critique from the Police Department requested that a fence not be installed for safety purposes, the Commis- sion concurred to approve a three foot hedge. Mr. Andrews stated that he visited the jobsite today and learned that, until the water system is installed and hooked up, they can do no landscaping. He suggested they be allowed a temporary hookup in order to get the plants established. The Interim City Manager stated he believes the Commission has mandated shallow wells by ordinance. However, for projects of this size it may be absolute. If it does not require this, it will be taken care of administratively; otherwise, it will be before the Commission on December 12th. 20. Consideration of Lake Ida Road Matters. The Commission is to consider a staff-initiated request for reconsideration of action taken concurrent with adoption of the Comprehensive Plan regarding Lake Ida Road. The Interim City Manager advised the City has placed itself in a position of non-conformance and that triggers a number of issues including potential litigation with the State. The position has been taken that the City will do something which is not within its control. Staff would like to express to those who have the responsibility for that road that the City has a different view and encourages them to amend it. It is being recommended that the medium be changed by remov- ing that language from the Comprehensive Plan and substituting a docu- ment that would go to the appropriate agency, which is the Board of County Commissioners. The following citizens spoke in favor of the widening of Lake Ida Road: A resident from Rainberry Bay, Tom Fleming, David Klarer, Sid Soloway, Sanford Fischer and Helen Coopersmith. Alice Finst, 707 Place Tavant, spoke in opposition to the widening of Lake Ida Road. Mayor Campbell confirmed that this is merely an opinion process that the Commission has no control over and the decision will be up to the County as to the outcome. Ms. Brainerd moved to approve the reconsideration, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 21. Consideration of Proposed Language for Resolution Regarding Lake Ida Road Widening. The Commission is to consider staff requests for direction concerning language to be included in a resolution to the County regarding road improvements on Lake Ida Road from Jog Road to Federal Highway. This item is being considered due to action taken on the above item. The Interim City Manager advised a list of the elements articu- lated in the Comp Plan has been provided and, if the Commission will provide an indication as to which items are to be included, staff will provide a resolution for consideration at the December 12th meeting. Those elements are as follows: A. Not to widening N.E. 4th Street beyond that allowed within at 68' right-of-way between Swinton Avenue and N.E. 2nd Avenue and beyond that allowed within a 60' right-of-way between N.E. 2nd Avenue and Federal Highway. The Commission concurred. B. That the eastern linkage of Lake Ida Road (Congress to Swinton) four lane, shall be accelerated in the five-year plan so that it precedes construction of the western linkage. The Commission concurred. 8 12/5/89 C. Or action be taken to have the number of travel lanes on Lake Ida Road between Military Trail and Congress limited to two lanes. Commission consensus was for four lanes as opposed to two. D. That any four lane extension of Lake Ida Road west of Military Trail shall not be permitted. The Commission con- curred. E. Commission supports millage for funding of County road improvements. The Commission concurred to eliminate this. F. Consideration of utilizing bond funds for S.W. 10th Street to accelerate the Lake Ida widening from Congress to Swinton with County reimbursing our fund at the time this widening is scheduled in the County road widening plan. The Commission concurred. Ms. McCarty asked what kind of time schedule is involved. The Interim City Manager stated if a guarantee of replacement cannot be obtained by the time S.W. 10th Street is underway, it would not be recommended. Mr. Andrews stated that he feels the Commission should support proper signalization, including the one at Rainberry Bay. Ms. Brainerd requested a traffic study and that a signal be installed wherever necessary on that stretch of road. 22. Appeal of Right-of-Way Dedication. The Commission is to consider the appeal of a right-of-way dedication on N.E. 4th Street. Mr. Andrews left the Commission Chambers at this time based on a potential voting conflict. The Interim City Manager stated that should be taken care of with an earlier motion or will be with the proposed resolution. The ultimate right-of-way which is 80' now will be reduced to 60' and at that time will provide the relief that is being sought. Mr. Kovacs, Planning Director, stated the problem is that a specific request for Conditional Use, Site Plan approval and platting has been submitted. When that request is submitted, it is measured by the Code, which says the collector road shall have 80' of right-of-way. That right-of-way requirement may be waived by action of the City Commission. Robert Costin, stated he is appearing as a private citizen, but also is a member of the DDA. He commented the DDA has no problem with that if it provides for the improvement of the roadway. He further stated that he would like to see the Commission take the position of reconsideration and include the statement, "Provided that that amount of right-of-way is acceptable to meet the County Standards for approval of that road to four lanes". He expressed a concern regarding the high accident rate at the intersection of 2nd Avenue and 4th Street and feels it is imperative that the City gets on with the job of planning the eventual improvement of that road without taking away any lands that might jeopardize that further improvement. Alice Finst stated this issue was thoroughly discussed at the Preservation Board meeting. There are buildings along that road that have significance in the history of the City that will, in part, be demolished if the road is permitted to go to the 80' right-of-way. Mr. Weatherspoon asked what happens if the County does not agree to the resolution stating the road will be 60' opposed to 80'. Mayor Campbell stated at the time the road is widened, the County will have to buy the additional right-of-way by eminent domain. Mr. Weatherspoon moved to grant the waiver, seconded by Ms. Brainerd. Mr. Kovacs asked if the waiver is for the total 15' extra or just the waiver of 10', which will still require five feet to come up to the 60' Mayor Campbell advised the request is not to waive 15' but an additional 10' 9 12/5/89 Mr. Weatherspoon amended his motion to waive the additional 10', Ms. Brainerd amended her second. Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 26. Request for Dock and Finger Pier Variance. The Commission is ~o consider a request for a dock variance to permit a dock to extend within 10 feet of the west property line, to permit the finger piers to extend 30 feet 6 inches into the C-15 Canal and to allow the dolphin piles to be installed 40 feet 6 inches into the Canal. Mr. Andrews returned to the Commission Chambers. Mr. Weatherspoon questioned if any other agencies have been contacted with a request to extend the dock into the C-15 Canal. Gates Castle, City Engineer, advised the South Florida Water Management District has granted a permit, but their permits are contingent upon the applicant meeting all local requirements. Mr. Weatherspoon moved for approval of the request for vari- ance, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 23. Workers Compensation Settlement. The Commission is to consider approval of a settlement of a 1978 Workers Compensation claim filed by Carlotta Dodels in the lump sum amount of $21,000. Approval is recom- mended. 24. Water and Sewer Rate Fee Study. The Commission is to authorize staff to negotiate with Ernst and Young to provide a comprehensive rate and impact fee study for Water and Sewer Operations not to exceed $50,000 with funding available in Water and Sewer Rate Study (Account No. 441-5111-536-33.15). Approval is recommended. 25. Final Plat Approval. The Commission is to consider approving a final plat for Christ Missionary Baptist Church located on the north side of S.W. 8th Street, between S.W. 2nd Avenue and S. Swinton Avenue. Approval is recommended. 27. Delray Art League Exhibit. The Commission is to consider a request from the Atlantic Avenue Association to display art work from the Delray Art League on December 8th and 9th on East Atlantic Avenue along the sidewalk, between 4th and 5th Avenues. Approval is recommend- ed. 28. Resolution No. 92-89. Resolution No. 92-89, assessing costs for nuisance abatement action required to remove junked vehicles located on nine properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 92-89 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 PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. -10- 12/5/89 (Copy of Resolution No. 92-89 is on file in the official Resolution Book) 29. Resolution No. 93-89. Resolution No. 93-89, assessing costs for nuisance abatement action required to remove a portion of an unsafe building located at 1212 Germantown Road, in the amount of $632.50, is before the Commission for consideration. The caption of Resolution No. 93-89 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. 93-89 is on file in the official Resolution Book) 30. Resolution No. 94-89. Resolution No. 94-89, assessing costs for nuisance abatement action required to demolish an unsafe building located at 220 N. W. 4th Avenue in the amount of $1,998.70, is before the Commission for consideration. The caption of Resolution No. 94-89 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. 94-89 is on file in the official Resolution Book) 31. Resolution No. 95-89. Resolution No. 95-89, assessing costs for nuisance abatement action required to board up an unsafe building located at 227 N.E. 7th Avenue in the amount of $198.00, is before the Commission for consideration. The caption of Resolution No. 95-89 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. 95-89 is on file in the official Resolution Book) -11- 12/5/89 32. Resolution No. 96-89. Resolution No. 96-89, supporting Consti- tutional Amendment No. 3 on the November 1990 ballot which limits unfunded State mandates on cities and counties, is before the Commission for consideration. The caption of Resolution No. 96-89 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING FLORIDA CITIZENS TO SUPPORT THE CONSTITUTIONAL AMENDMENT #3 ON THE NOVEMBER 1990 BALLOT LIMITING UNFUNDED STATE MANDATES ON CITIES AND COUNTIES. (Copy of Resolution No. 96-89 is on file in the official Resolution Book) 33. Award of Bids and Contracts. A. West Atlantic Avenue Median Beautification - Sunnyland Irrigation, in the amount of $25,918 with funding from 1987 Utility Construction Fund (Account No. 333-4141-572-61.31). 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; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 34.A.1. Ms. Brainerd commented she was at the Police Department recent- ly and asked if the front steps and entry way pavement can be pressure cleaned. 34.A.2. Ms. McCarty stated it was the original intent of the Historic Preservation Board to cut out a step in their process, because it would take the place of the Board of Adjustment and the Community Appearance Board. For single family homeowners who do not need to go before a Board in order to do something to the outside of their house, they now must go to a board. She is requesting that this be placed on the agenda for the first workshop in January, 1990, so that she might present some ideas and suggestions. The Interim City Manager advised that other areas are being studied in the City where limited income has an impact. 34.A.3. Ms. McCarty commented another item that caught her attention was the secret ballot situation of the CRA. When the evaluations were made for Mr. Finley, those also were unsigned. She suggested that a letter be sent to the attorney and the chairmen of the boards, reiterat- ing that in voting or ranking, those need to be signed. 34.A.4. Ms. McCarty questioned the status of the police review panel. The Interim City Manager stated they are awaiting a revision to the comments from the Chief in Tennessee and expect to receive that informa- tion this week. 34.A.5. Mr. Weatherspoon stated while attending the National League of Cities convention in Atlanta, GA. last week, he attended a seminar where a presentation was given by the Executive Director of the CRA from Ft. Myers. He requested that a copy of the video be sent to him and he would like to present it to the Commission to show what Ft. Myers has accomplished in the area of housing and the downtown portion of the city. 35.A.6. Mr. Weatherspoon questioned the status of the pension for Lorenzo Brooks. The City Attorney advised that the board has not met as yet. 35.A.7. Mr. Weatherspoon questioned what has been done about the problem that arose concerning the Window Tinting business on 2nd Avenue relative to the two hour parking limitation. The Interim City Manager stated there are only two parking spaces in front of the building. If the owners of the businesses park in the only parking spaces available, they will not be in business very long, as no customers can get to them. As an alternative, she might want to consider talking to the property -12- 12/5/89 owners to the west about possibly parking on an all day basis.' He stated there will be a response to her letter. 34.A.8. Mr. Weatherspoon commented that all Commissioners received a copy of a letter from Mrs. Virginia Snyder in regard to a concern. He is requesting that either Chief Kilgore or the Interim City Manager respond as soon as possible. 34.A.9. Mr. Andrews stated he is presenting to each Commissioner a proposal for Transfer D~velopment Rights Ordinance, regarding Laver's. He feels this should be discussed on a workshop as soon as possible to decide how to look at the item in case they would like to proceed with eminent domain on the property. 34.B.1. The City Attorney announced, just as a followup to the former item, a report was also distributed to the Commission from himself and Mr. Andrews on the meeting in Atlanta that should give some additional background on that subject. 34.B.2. The City Attorney stated he would like to thank the Commission and the City Manager's Office, as well as the public, for thoughts, prayers and expressions of interest following his wife and family's nasty automobile accident of two weeks ago. They are home and doing much better. 34.C.3. The Interim City Manager stated there was a meeting yesterday in the County Administrator's office, subject to the beach renourishment of Delray. Due to the distance the City has travelled to obtain State and Federal permits, the County has waived the requirement for Delray Beach to obtain permits. Hopefully, that funding will be in place and the project can commence next summer. Mayor Campbell declared the meeting adjourned at 9:33 P.M. ~ity- Clerk ATTEST: .MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of December 5, 1989, which minutes were formally approved and adopted by the City Commission NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -13- 12/5/89