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01-03-95 JANUARY 3, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, January 3, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Jr. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. The City Attorney stated there is a change to the Consent Agenda, Item 8.F., LICENSE AGREEMENT WITH SENIOR SPECIAL EVENTS, INC., amending Section 3(B) (4) to change the date from April 22, 1995 to April 25, 1995. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - 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 December 6, 1994, and the Regular Meeting of December 13, 1994, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations= 6.A. Recoqnizinq and commendinq the Delra¥ Rocks Mayor Lynch read and presented a proclamation commend- ing the Delray Rocks football program and recognizing the achievements of the various teams and their coaches. Mr. Ben Leonard came forward to accept the proclamation on behalf of the Delray Rocks. 6.B. Martin Luther Kin~, Jr. Day - January 16, 1995 Mayor Lynch read and presented a proclamation in obser- vance of Martin Luther King, Jr. Day on January 16, 1995. Ms. Pam Kovacs and Mr. Spencer Pompey came forward to accept the proclamation. 6.C. Teller Appreciation Week - January 22 thru 28, 1995 Mayor Lynch presented a proclamation recognizing Janu- ary 22-28, 1995, as Teller Appreciation Week. Presentations: 7.A. Certificate of Achievement from Government Finance Officers Association (GFOA) for Excellence in Financial Report- ing. On behalf of the City Commission, Mayor Lynch presented the Certificate of Achievement and plaque from the Government Finance Officers Association (GFOA) for Excellence in Financial Reporting to the City Manager. The City Manager accepted on behalf of Mr. Joseph Safford, Finance Director, who could not attend tonight's meeting. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. AUTHORIZATION FOR USE OF FUNDS/MAD DADS, INC.: Author- ize the use of a $3,000 funding allocation to Mad Dads, Inc. for a Mentoring Retreat to be held February 2-5, 1995, at Gold Coast Christian Camp. 8.B. UTILITY EASEMENT/SUN BANK ON WEST ATLANTIC AVENUE: Accept an easement deed from Sun Bank on West Atlantic Avenue granting a utility easement over a 12 ft. by 18 ft. rectangular parcel in the northwest corner of the property to provide access to an existing fire hydrant. 8.C. FINAL PAYMENT/ECKLER ENGINEERING: Approve final pay- ment in the amount of $752.32 to Eckler Engineering for engineer- ing services related to the Hydrogen Sulfide Control System for the sanitary sewer collection system; with funding from Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). 8.D. MODIFICATION OF STANDARDS OF APPROVAL/BOAT LIFT AT 958 EVE STREET: Authorize a modification in the standards for ap- proval as set forth at LDR section 7.9.11(A) to allow a boat lift at 958 Eve Street to extend more than 10 feet over the waterway from the seawall, based upon positive findings. 2 1/3/ 5 8.E. ADDENDUM NO. 5 TO LEASE AGREEMENT WITH BDBBS, INC. (BUCKY DENT BASEBALL SCHOOL): Approve Addendum No. 5 to the lease agreement between the City and BDBBS, Inc. (Bucky Dent Baseball School) to provide for the payment of sales tax. 8.F. LICENSE AGREEMENT WITH SENIOR SPECIAL EVENTS, INC.: Approve a license agreement between the City and Senior Special Events, Inc. to permit SSE to hold events associated with two senior sporting events in 1995. 8.G. AMENDED TRI-PARTITE AGREEMENTS/CPA SUBSIDIZED LOAN PROGRAM: Approve the amended Tri-Partite Agreements between the City, the Community Redevelopment Agency and various banks for the CRA's subsidized loan program. 8.H. OUTSIDE LEGAL COUNSEL FOR PENSION MATTERS: Approve the appointment of Jim Linn with the firm of Lewis, Longman and Walker as outside legal counsel to assist the City regarding pension matters. 8.I. RESOLUTION NO. 1-95= Approve a resolution assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. The caption of Resolution No. 1-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELHAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 1-95 is on file in the official Resolution Book) 8.J. RESOLUTION NO. 2-95= Approve a resolution assessing costs for abatement action required to remove an unsafe condition on property at 701 S.W. 9th Street. The caption of Resolution No. 2-95 is as follows: A RESOLUTION OP THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND 3 1/3/95 DEVELOPMENT REGULATIONS 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 EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 2-95 is on file in the official Resolution Book) 8.K. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - three-year lease of copier (Xerox 5355) for Police Department - to the Xerox Corpo- ration via Florida State Contract, for a total of $21,240 for the 36-month period. Funding is available from Police Support - Equipment Rental and Leases (Account No. 001-2113-521-44.30). 2. Bid Award - to Chemical Sales Corporation for Muriatic Acid (HCL-Hydrochloric Acid), in the estimated annual amount of $12,534.60, with fund- ing from General Operating Supplies (Account No. 441-5122-536-52.20). 3. Contract Award - to RPM General Contractors, Inc. for laboratory modifications at the Water Treat- ment Plant, in the amount of $46,999 with funding from W/S Capital Outlay - Water Treatment Lab Expansion (Account No. 441-5161-536- 63.41). 4. Bid Award - to Gateway 2000 in the amount of $20,808 for computer equipment for the Police Department, with funding from Other Current Charg- es (Account No. 115-2112-521- 49.90). 5. Lease/Purchase - to Motorola Communications and Electronics, Inc., for 30 hand-held radios for the Fire Department, with financing by Barnett Bank, for a total cost of $31,681.11 over a three year period, from Rescue Service - Other Machinery and Equipment (Account No. 001-2315-526-64.90). 6. Bid Award - to Murray Logan Construction, Inc. to install the Bay Street Stormwater Pump Sta- tion/Basin Drive Pump Station Rehabilitation, in the amount of $347,610 -4- 1/3/95 a. Deduct Change Order No. 1 in the amount of $143,744 to Murray Logan Construction, Inc. which deletes the Basin Drive pump rehabili- tation in its entirety. b. Bid Award - to Hydro Pumps, Inc., in the total amount of $66,144 for furnishing a vertical one-pump system for Basin Drive Station and a vertical two-pump system for Bay Street Station ($43,644) and includes backup pumps for each station ($22,500). Funding sources are Basin Drive Pump Station (Account No. 448-5461-538-62.23) in the amount of $20,886; and Nassau/Bay Street Pump Station (Ac- count No. 448-5461-538- 62.29) in the amount of $249,124, through budget transfer from 448-5411-538-63.90. Dr. Alperin moved to approve the Consent Agenda with the amendment to Item 8.F. as stated by the City Attorney under Item 4., seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period December 12, 1994 through December 30, 1994. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUEST/SHELL GASOLINE STATION: Con- sider a conditional use request for the Shell Station at the southeast corner of Atlantic Avenue and Congress Avenue to allow the demolition of the existing facility and reconstruction of a gasoline station with a convenience food mart and car wash facil- ity. Diane Dominguez, Planning Director, reviewed the pro- posed modifications to the existing facility, noting that all of the existing structures on the site will be demolished to allow for the construction of a new facility which will contain 8 pumps, a 1,000 square foot convenience store, and 900 sq.ft. automatic car wash with a 100% water reclamation system. -5- 1/3/95 Mrs. Smith moved to approve the conditional use modifi- cation to establish a gasoline station with a convenience store and car wash facility for Shell Oil Company, based upon positive findings of LDR Section 2.4.5(E) (5), and subject to the condi- tions recommended by the Planning and Zoning Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. TRI-PARTY PROPERTY ACQUISITION AGREEMENT: Consider a Tri-Party Agreement between the City, County and Delray Islands, Inc. for the acquisition of a 2.26 acre parcel owned by Delray Islands, Inc., located on the south side of Lake Ida Road, west of N.W. 10th Avenue. The City's share of the acquisition cost is $83,082.00, with funding from Stormwater Utility Fund (Account No. 448-5411-538-63.90). The City Manager stated this is a tri-party agreement between the City, the County and Delray Islands, Inc. The City will acquire a 2.14 acre parcel which will be used for a drainage retention area at a cost of $83,082.00; Palm Beach County will acquire a 0.12 acre parcel which they need for the Lake Ida Road widening project. The County's share of the acquisition price is $66,465.00, for a total purchase price of $149,547.00. The City Attorney stated that in Section 1. of the agreement, the date should be changed from December 30, 1994, to February 28, 1995. On question from Dr. Alperin, William Greenwood, Direc- tor of Environmental Services, stated the property is needed for drainage purposes. He stated prior flooding problems in this area have been alleviated since the Spady retention area was installed and the N.W. Drainage storm sewers were connected; however, additional drainage retention in the area is still needed. Mr. Randolph moved to approve the Tri-Party Property Acquisition Agreement with funding of the City's share of $83,082 from the Stormwater Utility Fund, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.D. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/POMPEY PARK POOL FUNDING: Consider an Interlocal Agreement with Palm Beach County for funding of up to $170,000 for construction of the Pompey Park swimming pool. Mr. Randolph moved to approve the Interlocal Agreement with Palm Beach County for funding of up to $170,000 for the Pompey Park pool project, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. 1/3/95 Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.E. SERVICE AUTHORIZATION NO. 14/GEE AND JENSON E.A.P., INC.: Consider Service Authorization No. 14 in the amount of $28,170.00 to Gee and Jenson E.A.P., Inc. for consulting engi- neering services for the Seawall Reconstruction Project; with funding from the City Seawall Construction Program (Account No. 334-3162-541-61.93). The City Manager stated that this service authorization is for the design work associated with the project. Mr. Ellingsworth moved to approve Service Authorization No. 14 in the amount of $28,170.00 with Gee and Jenson E.A.P., Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. FLORIDA LEAGUE OF CITIES/PROMOTIONAL TELEVISION SPOTS: Consider a $500.00 contribution to the Florida League of Cities for promotion of television spots featuring Florida cities; with funding from Contingencies (Account No. 001-6111-519- 99.03). Dr. Alperin moved to approve a $500.00 contribution to the Florida League of Cities for their promotion of television spots featuring Florida cities, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.G. TEMPORARY USE PERMIT/CHRISTIANS REACHING OUT TO SOCIETY MINISTRIES: Consider a request from Christians Reaching Out to Society Ministries for a temporary use permit to allow approxi- mately ten (10) recreation vehicles to park on a site in the City from approximately January 27 through February 10, 1995. The City Manager recommended that the Catherine Strong Center site be made available to this group for parking of their recreation vehicles from approximately January 27 through Febru- ary 10, 1995, while they are in Delray Beach doing volunteer work. Mrs. Smith moved to approve a temporary use permit for Christians Reaching Out to Society Ministries at the Catherine Strong Center site as recommended by the City Manager, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three regular members and one alternate member to the Code En- forcement Board for three year terms ending January 14, 1998. -7- 1/3/95 On behalf of the City, Mayor Lynch thanked Mr. Joel Port for his service on the Code Enforcement Board. Dr. Alperin moved to appoint JoAnn Peart as a regular member to the Code Enforcement Board, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Ellingsworth moved to reappoint Athalone H. Brailford as a regular member to the Code Enforcement Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to reappoint Beril Kruger as a regular member to the Code Enforcement Board, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch stated he would like to postpone his ap- pointment of an alternate member to the Code Enforcement Board until the Regular Commission Meeting of January 17, 1995. Mr. Ellingsworth moved to postpone the appointment of the alternate member to the Code Enforcement Board until the Regular Commission Meeting of January 17, 1995, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.I. EMERGENCY REPAIR SERVICE/MOLLOY BROTHERS, INC.: Con- sider emergency purchase order to Molloy Brothers, Inc. in the amount of $14,664.00 for repair of broken sewer main on Casa Way in the Lago DelRay subdivision west of Homewood Boulevard. Funding is from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). Mr. Ellingsworth moved to approve the emergency pur- chase order to Molloy Brothers, Inc. in the amount of $14,664.00, for repair of a broken sewer main on Casa Way, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission moved to the First Read- ings portion of the Agenda. 12. FIRST READINGS: 8 1/3/95 12.A. ORDINANCE NO. 5-95: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Subheading ~Emergency Medical Services", of the City Code to revise definitions, enact new fees, provide for a method for collection of fees, and desig- nate the Fire Department as the provider for advanced life sup- port and emergency medical services within the City of Delray Beach. If passed, public hearing on January 17, 1995. The City Manager presented Ordinance No. 5-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SER- VICES: EMERGENCY MEDICAL SERVICES," SECTION 96.65, "DEFINITIONS," TO PROVIDE FOR REVISED DEFINITIONS FOR THE TERMS "BASIC LIFE SUPPORT SERVICES," AND "ADVANCED LIFE SUPPORT"; REPEALING SECTION 96.66, "EMERGENCY MEDICAL SERVICES; FEES"; ENACTING A NEW SECTION 96.66 "EMERGENCY MEDICAL TRANSPORTATION FEES," TO PROVIDE FOR FEES FOR EMERGENCY MEDICAL TRANS- PORTATION, AND FOR ANNUAL ADJUSTMENTS PURSU- ANT TO THE INFLATION INDEX CHARGE; REPEALING SECTION 96.67, "BILLING AND COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; COSTS AND ATTORNEY'S FEES."; ENACTING A NEW SECTION 96.67, "COLLECTION OF EMERGENCY MEDICAL SERVICE FEES," TO PROVIDE FOR A METHOD FOR COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; ENACTING A NEW SECTION 96.68, "EMERGENCY MEDICAL SERVICES AND ADVANCED LIFE SUPPORT PROVIDER," TO DESIGNATE THE CITY OF DELRAY BEACH FIRE DEPARTMENT AS THE PROVIDER FOR ADVANCED LIFE SUPPORT AND EMERGENCY MEDICAL SERVICES WITHIN THE CITY OF DELRAY BEACH; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Dr. Alperin asked why the City is using Medicare fig- ures as the basis to structure the fee schedule for Advanced Life Support (ALS) and Basic Life Support (BLS) transportation service instead of basing the fees on what it actually costs for the Fire Department to provide the service? Robert Rehr, Fire Chief, stated this is the standard which is generally used for setting up fee schedules. Dr. Alperin stated he does not want the City to subsi- dize this service and asked if an analysis had been done to determine the actual costs involved to provide it. -9- 1/3/95 The City Manager stated an analysis of the costs will be completed and provided to the Commission prior to second reading of the ordinance on January 17, 1995. Mr. Randolph moved to approve Ordinance No. 5-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 12.B. ORDINANCE NO. 1-95: An ordinance repealing Chapter 112, "Alarm Systems", of the City Code in its entirety, and enacting a new Chapter 112, "Alarm Systems", to provide for the regulation of alarm systems. If passed, public hearing January 17, 1995. The City Manager presented Ordinance No. 1-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mayor Lynch stated this ordinance is the result of lengthy discussions concerning how best to address the problems the City faces in dealing with false alarms while also taking into considerations the various concerns expressed by residents of the City. The ordinance proposed for adoption requires alarm systems to deactivate within 15 minutes as opposed to 30 minutes. Registration of an alarm system will only be mandated after one false alarm, at which time a $10.00 fee will be charged. Howev- er, no registration fee will be required if a person registers at the time of acquiring an alarm installation permit or if they register prior to the emission of one false alarm. The fees imposed for false alarms which are responded to by the Police Department or the Fire Department are graduated, beginning at $50.00 for the fourth false alarm, $100.00 for the fifth, $150.00 for the sixth, and $200.00 each for the seventh and above, during each calendar year. During discussion, Dr. Alperin questioned the use of the word "activate" in Section 112.04(D) and suggested this be clarified. Assistant City Attorney Tolces suggested alternate wording to be incorporated into the final draft of the ordinance, as follows: "Alarms which transmit an alarm sound or signal in -10- 1/3/95 the event of a power restoration after a power failure are pro- hibited.'' Dr. Alperin moved to approve Ordinance No. 1-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 4-95: An ordinance rezoning a 10.23 acre parcel of land from PC (Planned Commercial) District to RM (Medi- um Density Residential) District. The subject property is locat- ed on the south side of Lindell Boulevard, between South Dixie Highway and South Federal Highway. If passed, public hearing on January 17, 1995. The City Manager presented Ordinance No. 4-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE RM (MEDIUM DENSI- TY RESIDENTIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN SOUTH DIXIE HIGH- WAY AND SOUTH FEDERAL HIGHWAY; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 4-95 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 3-95: An ordinance amending Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.10(H), "Special Regulations", of the Land Development Regula- tions by adding a subparagraph (5) to provide for relief from open space requirements, subject to required findings. If passed, public hearing on January 17, 1995. The City Manager presented Ordinance No. 3-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING SECTION 4.4.10, AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10(H), "SPECIAL REGULATIONS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING a SUBPARAGRAPH (5) TO PROVIDE FOR -11- 1/3/95 RELIEF FROM OPEN SPACE REQUIREMENTS, SUBJECT TO REQUIRED FINDINGS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Diane Dominguez, Planning Director, reviewed with the Commission the background to the proposed text amendment, noting the purpose of it is to provide flexibility to owners of AC-zoned property who are expanding and upgrading their sites. As pro- posed, the Special Regulations of the Automotive Commercial (AC) District are amended to include a provision for relief from the 25% open space requirement under certain circumstances and sub- ject to required findings. During discussion, the point was raised that while the proposed amendment allowed for some relief from the 25% open space requirement, there was nothing to specifically prohibit a property owner in the process of expanding or upgrading a site to reduce the percentage of open space beyong that currently exist- ing on a site. It was the consensus of the Commission to include wording in the proposed amendment to this effect. Mr. Ellingsworth moved to approve Ordinance No. 3-95, with amended wording, on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINAI~C~ NO. 2-95: An ordinance amending Section 2.4.2, "Notice Requirements", Subsection 2.4.2(B) (1) (a), "Annexa- tions'', Section 2.4.5(C), "Annexation of Territory", and Article Regulations to clarify notice and procedural requirements for voluntary and non-voluntary annexations. If passed, public hearing on January 17, 1995. The City Manager presented Ordinance No. 2-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS", SUBSEC- TION 2.4 . 2 (B) (1) (a) , "ANNEXATIONS" , SECTION 2 . 4 . 5 (C) , "ANNEXATION OF TERRITORY" , AND ARTICLE 4.2, "ANNEXATION AND INITIAL ZONING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY NOTICE AND PROCEDURAL REQUIREMENTS FOR BOTH VOLUNTARY AND NON-VOLUNTARY ANNEXATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. -12- 1/3/95 Mr. Ellingsworth moved to approve Ordinance No. 2-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearing portion of the Agen- da. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 98-94: An ordinance amending Chapter 32, Subheading "Education Board", of the City Code to provide for two student members on the Education Board, and providing for their qualifications. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 98-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMIS- SIONS'', SUBHEADING "EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 32.26, "COMPOSI- TION; APPOINTMENT; TERMS", TO PROVIDE FOR TWO STUDENT MEMBERS ON THE EDUCATION BOARD; AMENDING SECTION 32.28, "QUALIFICATIONS OF MEMBERS", TO PROVIDE FOR THE QUALIFICATIONS OF STUDENT MEMBERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 98-94 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 public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 98-94 on Second and FINAL reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 99-94: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", of the City Code to bring it into conformance with Florida Statutes Chapter 162 in granting the Code Enforcement Division greater power and discretion in dealing with code enforcement violations. Prior to consideration -13- 1/3/95 of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 99-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 37.03, "DEFINITIONS", TO PROVIDE FOR POSTING NOTIC- ES; AMENDING SECTION 37.36, "INITIATION OF ENFORCEMENT PROCEDURES", BY AMENDING SUBSEC- TIONS 37.36(C) AND 37.36(E), TO PROVIDE FOR AN IMMEDIATE HEARING AND IMMEDIATE ISSUANCE OF A CITATION FOR REPEAT VIOLATIONS; BY AMENDING SECTION 37.39, "CONFLICT OF INTER- EST; HEARING PROCEDURES", BY ENACTING A NEW SUBSECTION 37.39(J), TO PROVIDE FOR RECOVERY OF COSTS; AMENDING SECTION 37.40, "SUBPOENA POWERS AND PROCEDURES", TO ALLOW FOR A METHOD OF ALTERNATIVE SERVICE AND FOR AN INCREASED FEE; AMENDING SECTION 37.41, "DECISIONS AND ENFORCEMENT ORDERS", BY AMENDING SUBSECTION 37.41(F), TO PROVIDE FOR THE RECORDING OF BOARD ORDERS; AMENDING SECTION 37.42, "FINES FOR NONCOMPLIANCE WITH ORDERS", BY AMENDING SUBSECTIONS 37.42(A) AND 37.42(B), TO PROVIDE FOR REVISED NOTICE REQUIREMENTS FOR REPEAT VIOLATORS, AUTHORIZING THE CITY TO MAKE REPAIRS AND ASSESS THE COST OF REPAIRS, AND AUTHORIZING THE CITY TO COLLECT RECORDING COSTS AND COSTS FOR FILING SATISFACTION OF LIENS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 99-94 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 public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 99-94 on Second and FINAL reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public Immediately followinq Public Hearinqs. ll.A. The City Manager had no comments in response to prior public comments and inquiries. -14- 1/3/95 11.B. From the Public. 11.B.1. Ms. Fredda Weinberg, 15234 Lakes of Delray Boulevard, expressed concern about her Delray On-Line program and asked that the situation with Delray On-Line be straightened out. She further requested that she be allowed to return to the Police substation so she can continue her tutoring. If she is not allowed to do so, Ms. Weinberg requested a public explanation at the next meeting. 11.B.2. Ms. Grace Seeley, 903 Miramar Drive, who discussed the severe and ongoing problems with standing water in this neighbor- hood (especially at the corner of Miramar Drive and MacFarlane Drive) and the need for proper and adequate drainage. She stated she has reported the problem on numerous occasions, but has had difficulty getting a response or answers from City personnel. 11.B.3. Ms. Ilene Cooper, 2600 Riviera Drive, who asked about the status of the Lake Ida Road widening from Congress Avenue west to Military. Her feeling is that the heavy traffic condi- tions on Lake Ida Road will be alleviated somewhat by the road widening. Ms. Cooper further commented on the poor appearance along the road in certain areas due largely to mismatched fenc- ing, and asked if the City could do anything in terms of land- scaping, such as hedging, to help the situation. Mayor Lynch advised that the County has the widening of Lake Ida Road from Congress to Military on hold until the West Atlantic Avenue widening project is complete to see if that will help the traffic situation. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Commission. 13.A.1. Commissioner Smith commented that she has received many phone calls about the flooding problems on the beach side, espe- cially in the Miramar Drive/MacFarlane Drive area, and advised the Commission will be looking at this in the near future to see what can be done to help the situation. Mrs. Smith asked if any progress has been made relative to the addition of a left turn phase to the traffic signal at Lake Ida Road and Barwick Road? 13.A.2. Dr. Alperin had no comments. 13.A.3. Commissioner Ellingsworth had no comments. 13.A.4. Commissioner Randolph had no comments. 13.A.5. Mayor L~nch suggested reversing the order under Item 13 so that the City Manager would give his comments before the Commission. By doing so, the Manager may answer some of the Commissioners' questions or may raise points which they want to -lS- 1/3/95 discuss further. It was the consensus of the Commission to make this change. Mayor Lynch commented that negotiations are still going on with Sun Bank for use of a portion of their property to relo- cate the Delray Depot building. Mayor Lynch commented on a newspaper article this morning concerning the annexation of the High Point West area and how it seemed to put the City in an unfavorable light. He sug- gested we proceed with caution regarding this proposed annexa- tion. Mayor Lynch asked for Commission approval to send a letter to the Orchid Society inviting them to use the Morikami facility. The Commission concurred. Mayor Lynch advised he had received a letter from Commissioner McCarty regarding the proposed joint development between the City and County of a playground on the property adjacent to the Pine Grove Elementary School, which states the County is committing $40,000 to fund this project. Mayor Lynch asked that a time be set up for representa- tives from Office Depot to meet with City officials. Mayor Lynch suggested the City contact Leadership Cable as well as local radio stations in an effort to publicize the upcoming Town Hall Meeting scheduled for January 31, 1995. There being no further business, Mayor Lynch declared the meeting adjourned at 7:45 P.M. ATTE~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Min- utes of the meeting of said City Commission of January 3, 1995, which Minutes were formally approved and adopted by the City Commission on O,()~WLtP,~L.' 7'7, /~9~ -- ' ~ity Cl~rk ! NOTE TO READER: -16- 1/3/95 If the Minutes you have received are not completed as indicated above, then this means they are not the official Minutes of the 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. -17- 1/3/95