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05-07-96 MAY 7, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, May 7, 1996. 1.A. Administer Oath of Office to Karen Kiselewski. The Oath of Office was administered by the City Clerk to Ms. Karen Kiselewski, who was appointed by the City Commission on April 16, 1996, to fill the unexpired term of Commissioner Barbara D. Smith ending March 27, 1997 (Seat #1). 1. Roll call showed: Present - Commissioner Kevin Egan ~' Commissioner Ken Ellingsworth ~ I ) /_~ Commissioner David Randolph Commissioner Karen Kiselewski Mayor Jay Alperin Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Tim Woodard, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. A~enda Approval. Mr. Egan moved to approve the Agenda as submitted, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of April 16, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Preservation Week - May 12-18, 1996. Mayor Alperin read and presented a proclamation recog- nizing the week of May 12-18, 1996 as Preservation Week. Mr. John Vaughan, Chairman of the Historic Preservation Board, came forward to accept the proclamation. 6.B. National Safe Boatinq Week - May 18-24, 1996. Mayor Alperin read and presented a proclamation recog- nizing the week of May 18-24, 1996 as National Safe Boating Week. Commander Gloria Bonnet, Flotilla 54, came forward to accept the proclamation. 6.C. Recocrnizinq the Manaqing Staff of Builders Square, Delray Beach, for their support and contributions to the City of Delray Beach: Paul Stephen Hodges Stephan Lorenzo Paul Rebecca Meadows Keith Bryan Allen Mayor Alperin read and presented a proclamation recog- nizing the Managing Staff of Builders Square, Delray Beach for their support and contributions to the City of Delray Beach. Mr. Paul Stephen Hodges, Stephan Lorenzo Paul, Rebecca Meadows and Keith Bryan Allen came forward to accept the proclamation. 6.D. Emergency Services Week - May 19-25, 1996. Mayor Alperin read and presented a proclamation recog- nizing the week of May 19-25, 1996 as Emergency Services Week and expressed appreciation to the Fire Department for its service to the citizens of Delray Beach. Fire Chief Robert Rehr came for- ward to accept the proclamation. 6.E. OF NOTE: National Nursing Home Week - May 13-17, 1996. Mayor Alperin presented a proclamation recognizing the week of May 13-17, 1996 as National Nursing Home Week. 7. Presentations: None 8. CONSENT AGENDA: 8.A. DISTRIBUTION OF FY96/97 ANTI-DRUG ABUSE ACT GRANT FUNDS: Approve the distribution of FY96/97 Anti-Drug Abuse Act Grant funds in the amount of $662,485 as recommended by the Criminal Justice Commission Executive Committee, and authorize letter agreeing to the allocation of these funds. 8.B. SUBSIDIZED LOAN AGREEMENT BETWEEN THE CITY, THE COMMU- NITY REDEVELOPMENT AGENCY AND NATIONSBANK: Approve a Subsidized Loan Agreement between the City, the CRA, and NationsBank as a participating bank in the subsidized loan program. -2- 5/07/96 8.C. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various expendi- tures approved by the SCRWTD Board at its meeting of April 18, 1996. 8.D. AGREEMENT FOR ARCHITECTURAL SERVICES/MPA ARCHITECTS, INC.: Approve an Agreement for Architectural Services between the City and MPA Architects, Inc. for professional services on a continuing contract basis. 8.E. AGREEMENT FOR ARCHITECTURAL SERVICES/DAVID MILLER & ASSOCIATES, P.A.: Approve an Agreement for Architectural Servic- es between the City and David Miller & Associates, P.A. for professional services on a continuing contract basis. 8.F. FINAL PAYMENT/ADVANCED ROOFING, INC.: Approve final payment in the amount of $27,541.00 to Advanced Roofing, Inc. for their work on the Public Works Complex reroofing project, with funding from 334-6112-519-62.10 and 442-5178-536-62.10. 8.G. FINAL PAYMENT/DAVID MILLER & ASSOCIATES: Approve final payment in the amount of $1,546.86 to David Miller & Associates for consulting services associated with Fire Stations #3 and #4, with funding from 228-2311-522-61.59 and 61.60. 8.H. CHANGE ORDER ~2 (FINAL) AND FINAL PAYMENT/SULLIVAN BROTHERS, INC.: Approve Deduct Change Order #2 (Final) in the amount of $10,382.50 and final payment in the amount of $41,768.95 to Sullivan Brothers, Inc. for the S.W. 9th Avenue Road Reconstruction project, with funding from 442-5178-536-61.78. 8.I. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.J. OFFER OF JUDGMENT/KIRK COOK V. BROCHU: Approve an Offer of Judgment in the referenced matter as recommended by the City Attorney. 8.K. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT/SECTION 108 LOAN GUARANTEE PROGRAM: Approve the terms of repayment and the additional security required under the Section 108 Loan Guarantee Program from the Department of Housing & Urban Development (HUD). 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the decisions of the Planning and Zoning Board, Site Plan Review and Appearance Board, and the Historic Preservation Board during the period April 15 through May 3, 1996. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Chemical Lime Company via City of Boynton Beach co-op bid, for bulk quicklime for the Water Treatment Plant, at an estimated annual cost of $259,416 from 441-5122-536-52.21 3 5/o7/96 2. Bid award of Group #23 (Capital Construction Equipment) under Pipe Fittings and Accessories annual bid (#96-40) to Ferguson Underground, at an estimated annual cost of $87,097.50 from various projects accounts. 3. Bid award to IBM as sole source vendor for up- grades to the IBM AS/400 mainframe operating system software; $25,515 from MIS Account No.001-1811-513-46.90, and $12,076 from Police Department Account No. 001-2113-521-46.90. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. DUBIN PROPOSAL: Consider a proposal from Dubin & Associates to manage the Delray Beach Tennis Center. Mr. Brahm Dubin, President of Dubin & Associates, reviewed with the Commission his qualifications for assuming management of the tennis center and discussed his philosophy for running same. He feels it is imperative to aggressively pursue the USTA/Florida Section which will be moving its offices from Pompano Beach in 1998. There is competition for the USTA and the decision will be made this summer, so Mr. Dubin urged that a decision be made quickly on the tennis center management so that whoever takes over can start negotiations immediately. Mr. Dubin continued that he feels the real niche for the tennis center should be sports, primarily tennis but other events as well. The use of the facility for concert events is subordinate to that, but in this regard Mr. Dubin intends to engage the services of Mr. Paul Felsberg who has spent the last nine years as manager of the South Florida Fairgrounds and has extensive experience with bookings, contracts, marketing and all other aspects for concerts and special events. Mr. Dubin concluded by stating there are many, many ideas for use of the tennis center as a money-making facility. It needs to be run as a business by experienced people and that is basically what his proposal is about. He emphasized the need to achieve a balance among the needs of the community, the tennis players, and the need to attract events that are profitable. With respect to the discussions which have been ongoing concerning the Palm Acts contract and the proposal from the Musicians Exchange, Mr. Dubin asked that no action be taken on these matters until he and his staff have had the opportunity to analyze the contracts. -4- 5/0?/96 The City Attorney stated that depending on what happens with other, related items, there may be some contractual provi- sions with Palm Acts which will have to be honored. In the event that the City decides to continue its contract with Palm Acts and in view of other existing contracts with Liddun International, Ms. Ruby asked Mr. Dubin if these would be acceptable to him in the management of the facility? Mr. Dubin stated he would work with whatever contractual obligations the City has in place. Discussion by the Commission followed. On question from Mr. Ellingsworth, Mr. Dubin stated that he would not be willing to reduce his fee which is $1,500 per month. The City Attorney stated that at this point the deci- sion which needs to be made is whether or not the Commission wishes staff to negotiate an amendment to Mr. Dubin's existing management agreement to include management of the tennis center. Mr. Egan moved to authorize staff to negotiate an amendment to the existing contract with Dubin & Associates to include management of the tennis center, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. MUSICIANS EXCHANGE PROPOSAL FOR CONCERTS AT THE TENNIS STADIUM: Consider a proposal from Musicians Exchange Referral Services, Inc. to enter into an arrangement with the City whereby the Musicians Exchange would be given exclusive authority to promote live music concerts at the Tennis Stadium. Dr. Andrew Astrove, representing the Musicians Exchange Referral Services, Inc., made a presentation to the Commission in which he reviewed the history and operations of the Musicians Exchange. He noted that the Musicians Exchange has recently purchased property in Delray Beach and has made a commitment to expand the Musicians Exchange onto Atlantic Avenue in a two to three hundred seat venue. With respect to the tennis stadium, Dr. Astrove felt the facility would lend itself very nicely to concert events as well as its tennis functions. Unfortunately, it is estimated that last year's monetary losses were about $157,000.00. The Musicians Exchange is proposing, through active participation and commitment, that this loss can be turned into a gain of over $200,000. The Musicians Exchange is an expert in the business and has the necessary connections for marketing the stadium as a concert venue. The proposal includes a commitment to hold at least eight (8) concerts per year in the stadium. Further, the intent is to promote fundraising for civic and charitable organ- izations. A variety of music will be promoted, including jazz, -5- 5/07/96 blues, country, classic, R&B and oldies. The City of Delray Beach will be promoted in all advertising media and trade maga- zines. In conclusion, Dr. Astrove stated that the Musicians Exchange has a concert signed and booked for June 8, 1996, and would very much like to hold the event at the tennis stadium. In view of this, a response to the proposal is needed in the very near future. At this point, the City Attorney reported that she had received a request from Palm Acts, Inc. requesting the Commission delay any action which may affect their contract. Ms. Ruby recommended that action be postponed until the next regular meeting on May 21st so she will have time to look into the vari- ous claims and obtain further information on the various events which occurred as well as those which did not take place. In addition, the City Manager will be present at the next meeting and he has been closely involved with this situation. After discussion, Mr. Ellingsworth moved to postpone consideration of this item until the May 21, 1996, regular meet- ing, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call the following individual addressed the Commission. Sidney Friedler, Attorney for Charisma Entertainment Group working in conjunction with Palm Acts, objected to the Musicians Exchange's proposal to obtain an exclusive contract for concerts at the tennis stadium when Palm Acts already has a contract that is in full force and effect. Charisma Entertain- ment has agreed to post a $50,000.00 bond to cover the rental for the tennis facility for a period of one year. In his opinion, there has been no breach. On question from Mayor Alperin, Mr. Friedler indicated that Palm Acts/Charisma would not be willing to consider allowing the Musicians Exchange the use of the tennis stadium for the concert plans on June 8, 1996. 9.C. SETTLEMENT AGREEMENT/LEVY V. CITY OF DELRAY BEACH: Consider a proposed settlement agreement in the referenced mat- ter. The City Attorney stated that the proposed settlement is an agreement which has been worked by her office with Roger Saberson, attorney for Mr. and Mrs. Levy, as had been directed by the Commission some time ago. Ms. Ruby noted that there is a land use issue that deals with whether or not the proposed use, which is sales without a service component or a car wash facili- -6- 5/07/96 ty, is considered an automobile dealership. The definitions contained within the Land Development Regulations are such that it requires an interpretation. Based on a conservative interpre- tation that the use is an automobile dealership, then a finding needs to be made that the negative impacts are outweighed by the positive benefits and that it is consistent with the Comprehen- sive Plan. Mr. Ellingsworth moved to approve the settlement agree- ment between Mr. and Mrs. Levy and the City of Delray Beach based on the finding that the positive aspects outweigh the negative impacts and that overall the terms of the settlement agreement are consistent with the Comprehensive Plan; seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST FOR PARTIAL RELEASE OF ACCRUED INTEREST ON LIENS/VACANT PARCEL ON S.W. 6TH AVENUE: Consider a request to waive a portion (50%) of interest accrued on nuisance abatement liens against vacant property located on S.W. 6th Avenue. Mr. Egan moved to deny the request for partial release of accrued interest on liens for vacant parcel on S.W. 6th Ave- nue, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 1 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS 10.A. ORDINANCE NO. 10-96: SECOND READING/SECOND PUBLIC HEARING for an ordinance changing the Future Land Use Map (FLUM) designation from Commerce to Medium Density Residential (5-12 du-acre) for an approximate 31.77 acre portion of the Waterford Place/Delint Development of Regional Impact (DRI), and from Commerce to Transitional for an approximate 4 acre portion of the Waterford DRI, located south of Linton Boulevard, between Inter- state-95 and Lindell Boulevard. 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. QUASI-JUDICIAL HEAR- ING The Acting City Manager presented Ordinance No 10-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COM- PREHENSIVE PLAN FOR A PORTION OF THE WATERFORD PLACE/DELINT DEVELOPMENT OF REGION- -7- 5/07/96 AL IMPACT, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCE TO MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE FOR A 31.77 ACRE PORTION OF THE SITE, AND FROM COMMERCE TO TRANSITIONAL FOR A 4 ACRE PORTION OF THE SITE; PURSUANT TO THE PROVISIONS OF FLORIDA STATUTES SECTION 380.06(6) (b); PRO- VIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 10-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The proposal is for a change in the Land Use designation from Commerce to a combination of Medium Density Residential and Transitional. The purpose is to accommodate a 300 unit rental apartment complex and a 78 unit residence/business hotel. Also involved are modifications to certain provisions of the DRI Development Order to reflect chang- es brought about by the revised development proposal. One of the issues had to do with a road impact fee. This is not the regular impact fee imposed on development, but a separate fee that was part of the Development of Regional Impact and a point of the Development Order. Commission had questioned what use this fee would be put to since the office component which it was based on was being eliminated. There were other conditions in the Devel- opment Order that required transportation improvements in the project area that were contingent on whether or not certain traffic volumes were reached. Those were the four-laning of S.W. 10th Avenue from Lindell to the entrance of the Target center, signalization of the intersection at S.W. 10th Avenue and Lindell Boulevard, and some other potential improvements having to do with de-emphasizing Lindell as a collector road. There are a number of things that this money could be applied to. The devel- opers are proposing that in exchange for being relieved from those specific conditions, which may or may not become necessary depending on the traffic volumes, they will agree to pay that road impact fee which is approximately $135,000. The City's cost 8 5/07/96 estimates indicate that this amount could cover the improvements enumerated should they become necessary. The second issue had to do with schools and an objec- tion to the subject proposal has been received from the School Board because the change is from a non-residential land use to a residential land use which the School Board feels will increase the school population in the area. The idea had come up about the possibility of having an early learning center on the site. The developers did meet with School Board staff to discuss the potential for this concept and it was agreed that the developer will continue to work with the School Board on the possibility of establishing an early learning center either on this site or on the adjacent commercial property. The concept is very new and the School Board is just beginning to develop plans for these centers. The Planning and Zoning Board considered this item at its meeting of January 22, 1996 and recommended approval. Staff recommends approval of the land use change and changes to the Development Order. Alan Ciklln, Attorney, stated that he was available to answer any questions the Commission may have. The following individual spoke in opposition: Helen Coopersmith, representing the Progressive Citi- zens of Delray Beach (PROD), voiced her objection to the change in land use and the revised development plans for the property. There being no one else who wished to give testimony on this item, the public hearing was closed. Discussion by the Commission followed. On question from Mayor Alperin, Mr. Ciklin explained that there is an existing condition of approval, imposed during the Builders Square project, which states that when the traffic light was warranted, it would be put in, and that would end when the project was built out. The project will be built out with this development proposal. Staff has requested and the developer has agreed to extend the time period so that for one year after the final certificate of occupancy for the 300 unit rental com- plex and the 78 unit residence/business hotel, the developer will bond the traffic light. If during that period of time it is shown that it is needed, it will be installed either by the developer or by calling the bond. If after that one year period the traffic volumes still do not warrant the traffic light, then the bond would be returned. However, the City will still have the $135,000 so if the traffic light is one of the things the City might want, the money would be there to do it. 9 5/07/96 Mayor Alperin suggested making sure this agreement is clearly specified in the revised Development Order. Mr. Ellingsworth moved to approve Ordinance No. 10-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.A.1. RESOLUTION NO. 37-96: Consider a resolution modifying the Development Order for the Waterford Place/Delint DRI. The Acting City Manager presented Resolution No. 37-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85, AS AMENDED AND SUPPLE- MENTED, WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH, BY MODIFYING THE APPROVED USES, CONDITIONS OF APPROVAL, AND THE APPLICABLE SAD ORDINANCE AND APPROVED MASTER PLAN FOR THE WATERFORD PLACE DEVELOP- MENT OF REGIONAL IMPACT; PROVIDING AN EFFEC- TIVE DATE. (Copy of Resolution No. 37-96 is on file in the offi- cial Resolution Book) The City Attorney read the caption of the resolution. 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 that the resolution will be amended or clarified, if necessary, to include the language relating to the bonding of the traffic light. Mr. Randolph moved to approve Resolution No. 37-96, as amended if necessary, modifying the DRI/DO, based on the findings and recommendation of the Planning and Zoning Board, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes. Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. The Commission considered Items (10.B.1) and (10.B.2.) in reverse order. 10.B.1. ORDINANCE NO. 23-96: Consideration on FIRST READING of an ordinance amending LDR Section 6.3.3, "Movable Fixtures Within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. If passed, public hearing May 21, 1996. Prior to consideration of passage of this -10- 5/07/96 ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The Acting City Manager presented Ordinance No. 23-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIX- TURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 23-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The Commission initially considered the regulation of newsracks at First Reading at its meeting of March 5, 1996 and directed that the issue be workshopped on March 12, 1996. Fol- lowing the workshop meeting, City staff met with the newspaper distributors and publishers and developed an alternate ordinance. Ordinance No. 23-96 incorporates compromises made between the City and the newspapers. The City Attorney reported a change in the new ordi- nance on Page 3, regarding the definition of "Downtown Area" She then read into the record several minor changes which had been made. Assistant City Attorney David Tolces stated that after the workshop, City staff met with the various distributors and publishers and discussed the area where only modular newsracks could be placed. Section E, page 5, addresses the color and style of newsracks that was in the prior ordinance. The new change reads: "Newsracks shall carry no advertising except for the name of the publication being distributed, and a cardholder kept in a neat and untorn condition describing the publication being distributed". Another change in the ordinance is a listing of locations where modular newsracks can be located. Mr. Tolces noted that the newsracks companies have agreed to maintain the modular newsracks and the City will install the concrete pad in locations named in the ordinance. He noted another change is the removal of the prohibition of placing newsracks on sodded grass; and, allowing the City to enter into a "Memorandum of Understand- ing'' which limits the location of newsracks to four locations. -11- 5/07/96 Mayor Alperin asked about the provision of a Certifi- cate of Compliance? Mr. Tolces explained that rather than make it staff's responsibility to go out and check the locations, the distribu- tors will file for their own Certificate of Compliance which will be kept on record by staff. If a distributor has not filed a Certificate of Compliance, then they will not have complied with provisions of the ordinance and appropriate action will be taken. Mayor Alperin stated that he had several questions regarding language in the new ordinance. He asked the meaning of the term "card holder"? In response, Mr. Tolces explained that the term "card holder" is a way for the newspapers to publicize their publica- tions and that the holder is located below the window of the newsracks. Mr. Tolces pointed out that the language is addressed on Page 6 of the ordinance which gives specific language regard- ing how the newsracks will be maintained outside the downtown area. This will provide better guidelines for the distributors as to how they should be maintained. If the City needs to take some sort of enforcement action the guidelines will be clearly out- lined. Mayor Alperin suggested that it was important to limit the number of newsracks within a specified area. He asked if there was any alternative to the issue of the prohibition of newsracks on sodded grass? Mr. Tolces responded that the newspapers will have to address that issue since this was one of the items which they had requested to be deleted in return for the use of the modular newsracks in the downtown area. Mr. Randolph expressed concerned regarding the language "Reasonably Free", especially as it relates to the issue of graffiti. Mr. Egan was glad to see the modular units in the downtown area as he had been concerned of the lack of uniformity. He did not want to see different colors newsracks throughout the City. Mr. Egan pointed out that the area of South Ocean Boule- vard, south of Linton Boulevard, was a big problem as there have been a number of accidents at this intersection. Mr. Ellingsworth and Ms. Kiselewski agreed with com- ments voiced by Mr. Egan. Mayor Alperin summarized the Commission's concerns expressed this evening as follows: color, clustering, graffiti, -12- 5/07/96 sod and grass, and the intersection of South Ocean and Linton Boulevard. The public hearing was opened. Jerry Budney, Attorney representing The Miami Herald Newspaper, stated that a lot of compromises have been made be- tween the publishers and City staff and felt there has been good progress. He explained that one reason why the newspapers were so concerned about the issue of colors is that each municipality requires certain color restrictions. This creates an unreason- able burden on the newspapers to meet these aesthetic concerns. In regard to the issue of graffiti, once it is noticed a newsrack is immediately replaced. The newspapers have given up a lot of locations in the downtown area which they had desired; however, they agreed to the modular newsracks. Mr. Budney emphasized that the publishers and staff have spent a lot of time reviewing these issues and urged the Commission to provide a chance to see if these compromises work. There being no one who wished to speak on this item, the public hearing was closed. Mayor Alperin stated that the Commission has not had all their concerns adequately addressed, and by further review, there is a possibility that these problems can be resolved. The City Attorney stated that her office will continue to work on a redraft of the ordinance to incorporate the addi- tional changes desired by the Commission and will return the ordinance for further consideration at a later date. Mr. Egan moved to deny Ordinance No. 23-96 on First Reading, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. 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. (Continued from 3/19/96) The Acting City Manager presented Ordinance No. 13-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIX- TURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE -13- 5/07/96 PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 13-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. The public hearing was opened. Mr. Gerald DeFoe, President of the Progressive Citizens of Delray Beach (PROD) and also representing the Board of Direc- tors of Country Manors, expressed appreciation to the Commission for standing firm on several of the issues related to newsracks and not compromising too much. No one else from the audience wished to address the Commission. Mr. Egan moved to continue the public hearing on Ordi- nance No. 13-96 to the date certain of June 4, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. None. 11.B. From the Public. 11.B.1. Charles D. Owen, 258 N.E. 22nd Street, stated that he owns a 30' recreational vehicle which is parked behind his home. Mr. Owen was cognizant of the fact that there is a City ordinance which requires all recreational vehicles to be screened by a 6' high fence or equal to the height of the vehicle if it is less than six feet high. Since this vehicle is over 11' high, it is impossible to be totally screened by a 6' fence. Mr. Owen ex- plained that his neighbor does not object to the camper nor does his neighbor want a fence installed. Mr. Owen asked if the Commission could waive the requirement in this case. If neces- sary, he could present a petition from the residents on his street stating that they do not have any objections. It was noted by Mayor Alperin that the Commission could not take action on the request at this meeting. -14- 5/07/96 Assistant City Attorney Brian Shutt informed Mr. Owen that he would have to follow City procedures and suggested that the appropriate course of action might be to file a variance from the Board of Adjustment. Mr. Barcinski stated that he would check to see if there is any other recourse, and asked Mr. Owen to contact his office in the next few days. 11.B.2. Jean Beer, 945 Tropic Boulevard, stated that she wished to address the constant exceptions being made regarding automo- bile dealership restrictions. She pointed out that neighboring cities have admired this city's regulations with respect to auto dealerships and have placed similar regulations in their Compre- hensive Plans. She pointed out the LDR's prohibit banners except for grand openings; however, the Accura Dealership on South Federal Highway has four banners displayed on poles. Also, the Mitsubshi Dealership has metal stakes along Federal Highway which is also prohibited. Ms. Beer expressed her disappointment with the Commission for not following the policies of the Comprehen- sive Plan. ll.B.3. Charlotte Wright, 598 Lawrence Road, stated that she has a problem with her water service. She voiced a complaint that she has not been receiving her water bills. Her water is shut off and then she has to pay for reconnection charges. Ms. Wright inquired about the rules governing the City's procedures regarding water service. Mr. Barcinski stated that the City is sympathetic to its residents' need for water service. He further stated that he is familiar with Ms. Wright's problem and will have staff check into the situation. 12. FIRST READINGS: 12.A. ORDINANCE NO. 18-96: An ordinance amending LDR Section 4.4.28, "Central Business District - Railroad Corridor", Subsec- tion 4.4.28(D), "Conditional Uses and Structures Allowed", to further restrict the location of automobile repair and detailing uses. If passed, public hearing May 21, 1996. The Acting City Manager presented Ordinance No. 18-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)" SUBSECTION 4.4.28(D), "CONDITIONAL USES A~D STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO FURTHER RESTRICT THE LOCATION OF AUTOMOBILE REPAIR AND AUTOMOBILE DETAILING USES WITHIN THE -15- 5~07/96 DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECT DATE. (Copy of Ordinance No. 18-96 is on file in the official Ordinance Book) Mr. Egan moved to approve Ordinance No. 18-96 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 19-96: An ordinance rezoning a 0.91 acre parcel of land from RM (Medium Density Residential) to CBD-RC (Central Business District - Railroad Corridor). The subject property is located at the southeast corner of S.E. 1st Avenue and unimproved S.E. 6th Street west of the FEC Railway. If passed, quasi-judicial/public hearing May 21, 1996. The Acting City Manager presented Ordinance No. 19-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CBD-RC (CENTRAL BUSINESS DISTRICT-RAILROAD CORRI- DOR); SAID LAND BEING LOT 5, PLAT OF ANDERSON BLOCK, AS MORE PARTICULARLY DESCRIBED HEREIN, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 19-96 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 19-96 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 20-96: An ordinance changing the Future Land Use Map (FLUM) designation from General Commercial to Com- merce (small scale amendment) and rezoning from POC (Planned Office Center) District to LI (Light Industrial) District for a 1.86 acre parcel of land. The subject property is located on the east side of Wallace Drive approximately 1,300 feet north of Linton Boulevard (formerly occupied by HRS). If passed, quasi- judicial/public hearing May 21, 1996. The Acting City Manager presented Ordinance No. 20-96: -16- 5/07/96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM GENERAL COMMERCIAL TO COMMERCE, AND REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF WALLACE DRIVE, APPROXIMATELY 1,300 FEET NORTH OF LINTON BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 20-96 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 20-96 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.D. THIS ITEM WAS REMOVED. 12.E. ORDINANCE NO. 22-96: An ordinance amending LDR Section 4.6.16, "Landscape Regulations", regarding compliance with mini- mum landscape requirements for existing properties. If passed, public hearing May 21, 1996. The Acting City Manager presented Ordinance No. 22-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4.6 "SUPPLEMENTAL DISTRICT REGULA- TIONS'', SECTION 4.6.16, "LANDSCAPE REGULA- TIONS'' OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.6.16(B), "APPLICABILITY", TO PROVIDE FOR MINIMUM LANDSCAPE AND MAINTENANCE REQUIREMENTS BY AMENDING SUBSECTION 4.6.16(C), "COMPLIANCE AND RELIEF", TO PROVIDE FOR THE REQUIREMENTS FOR A LANDSCAPE PLAN AND TO CREATE THE LAND- SCAPE COMPLIANCE REVIEW COMMITTEE; BY AMEND- ING SUBSECTION 4.6.16(H) (4), "EXISTING MULTI- PLE FAMILY, COMMERCIAL, AND INDUSTRIAL DEVEL- OPMENT'', TO PROVIDE THAT ALL EXISTING MULTI- FAMILY UNITS AND COMMERCIAL AND INDUSTRIAL USES SHALL COMPLY WITH MINIMUM LANDSCAPE STANDARDS AND BY SPECIFICALLY INCLUDING DUPLEXES IN THIS SECTION, PROVIDING A SAVING -17- 5/07/96 CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 22-96 is on file in the official Ordinance Book) Ms. Kiselewski moved to approve Ordinance No. 22-96 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the Regular Portion of the Agenda. 9.E. INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE COMMUNITY REDEVELOPMENT AGENCY FOR PINEAPPLE GROVE MAIN STREET, INC.: Consider an interlocal agreement between the City and the CRA for the Pineapple Grove Main Street program. The City Attorney stated that the Commission had ap- proved an interlocal agreement between the City and the CRA regarding the CRA's payback to the City for the contribution made for the Pineapple Grove Main Street program. The previous agree- ment which had been approved by the Commission was not approved by the CRA and a substitute agreement is proposed which elimi- nates the interest which was included in the event the payback does not occur by a specified time, and eliminates the provision in the original contract which stated if the payback did not occur by the year 2005, that the monies could come from increased TIPS from any area of the CRA. Mr. Ellingsworth stated that he felt the interest should remain part of the agreement. Mr. Egan stated he felt it is the CRA's intention to pay the City back whether or not the program is successful, and that the agreement submitted by the CRA was acceptable. Mayor Alperin agreed with Mr. Ellingsworth that the interest should remain part of the agreement as an incentive to ensure a quick repayment, but he would be willing to consider a lower rate of 9%. Mr. Randolph and Ms. Kiselewski concurred with comments made by Mayor Alperin. Mr. Randolph pointed out the City has been consistent with charging interest and should continue to do so. Chris Brown, Executive Director of the CRA, felt that the interlocal agreement has gone beyond the spirit of the prior discussion during the Commission Meeting of July 19, 1994. He recalled there had been discussion that if the Pineapple Grove Mainstreet Program T.I.F.S. did not produce $90,000.00 during -18- 5/o?/96 this period of time, the City would "bite the bullet" and accept some of the loss of its contribution. He reiterated that the CRA will pay the City back regardless of where the monies come from. On further discussion, it was the majority consensus of the Commission to direct the City Attorney to redraft the interlocal agreement between the City and the CRA for the Pineap- ple Grove Main Street program to include the interest at the lower rate of 9%. 9.F. BID AWARD/MURRAY LOGAN CONSTRUCTION, INC.: Consider bid award in the amount of $947,004 to Murray Logan Construction, Inc., second iow bidder, for construction of 3 Barrier Island stormwater pump stations and related drainage improvements, with funding from 448-5411-538-62.35. Robert Barcinski, Acting City Manager, stated that staff recommends the bid award to the second iow bidder as the iow bidder has indicated that they had made mistakes in their calculations and asked that their bid be withdrawn. Staff recom- mends proceeding with the second iow bidder which is within the amount budgeted for this project. He emphasized that it is critical for the City to move forward on this project and it should not be delayed any further by repeating the bidding pro- cess which would take approximately 60 to 90 days. Mr. Egan moved to approve the bid award to Murray Logan Construction, Inc., in the amount of $947,004.00, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.H. REJECTION OF BIDS/SEWER SYSTEM ~16 REHABILITATION: Consider rejecting all bids received for the rehabilitation of Sewer System #16 located on the barrier island generally between Casuarina and Poinsettia Roads. Robert Barcinski, Acting City Manager, explained that in this case the iow bidder did not meet State requirements for licensing. There is a large disparity between the bids and staff recommends that the bids be rejected at this time. Mr. Ellingsworth moved to reject all bids received for the rehabilitation of Sewer System #16, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.I. RESOLUTION NO. 39-96/MID-YEAR BUDGET ADJUSTMENT: Consider a resolution making mid-year adjustments to the adopted budget for FY 1995/96. -19- 5/o7/96 The Acting City Manager presented Resolution No. 39-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 70-95 WHICH MADE APPROPRIA- TIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1996/96, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1995/96; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (Copy of Resolution No. 39-96 is on file in the offi- cial Resolution Book) Robert Barcinski, Acting City Manager, stated that the City Manager asked the committee which had reviewed the grant and special event requests during last year's budget process to review the requests from outside agencies. The committee recom- mends approval of the Youth Council match and the Atlantic High School Debate Team at this time. They also recommended the $15,000.00 for the Drug Abuse Foundation's request but this funding will not be necessary until next fiscal year. It is further recommended that the Community Child Care Center's re- quest for $3,000.00 be denied on the basis that it is not for a true municipal benefit purpose. Mr. Egan moved to approve Resolution No. 39-96 as modified to include the matching funds request of $1,835.00 from the Delray Beach Youth Council and the request for $400.00 from the Atlantic High School Debate Team, and deleting the Community Child Care Center's request of $3,000.00; seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member to the Planning and Zoning Board for an unexpired term ending August 31, 1996. Commissioner Kiselewski's appointment. Ms. Kiselewski moved to appoint Gary Eliopoulos to the Planning and Zoning Board for an unexpired term ending August 31, 1996, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.K. CITY COMmiSSION LIAISON APPOINTMENTS: Review City Commission liaison appointments to the various advisory boards and outside agencies. -20- 5/07/96 Mr. Egan moved to approve the board liaison assignments to the various advisory boards and outside agencies as discussed by the Commission, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Acting City Manaqer. The Acting City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Mr. Ellingsworth welcomed Ms. Kiselewski to the Com- mission. Mr. Ellingsworth stated that he received information regarding the Fourth Annual Symposium for Excellence in Govern- ment which will be held on May 16, 1996 at the Holiday Inn Camino Real. The symposium is jointly sponsored by the Florida Insti- tute of Government of Palm Beach, the Economic Council and the Municipal League of Palm Beach County. Mr. Ellingsworth suggest- ed someone should represent the City during this event. Mr. Barcinski stated that he will check into the mat- ter. 13.C.2. Ms. Kiselewski expressed appreciation for the opportu- nity to serve on the Commission and thanked City staff, citizens, and businesses who offered their support. 13.C.3. Mayor Alperin asked if the City still holds orientation sessions for newly appointed board members and Commissioners? Since we have two new Commissioners, Mayor Alperin felt that it may be appropriate for goal-setting to be revisited. Perhaps a mini-session could be held as opposed to the full blown goal setting sessions. Mr. Barcinski stated that he will address the issue with the City Manager upon his return to the City. There being no further business, Mayor Alperin declared the meeting adjourned at 8:45 P.M. --- Cit9 Cl~rk/ ' -21- 5/07/96 ~TTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of May 7, 1996 which minutes were formally approved and adopted by the City Commission on / · -City C1Grk - / ' NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -22- 5107/96