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09-05-95 SEPTEMBER 5, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Kenneth C. Ellingsworth in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, September 5, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner David Randolph Commissioner Barbara Smith Vice Mayor Kenneth C. Ellingsworth Absent - Mayor Thomas E. Lynch Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Rabbi Samuel Sil- ver, Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Attorney requested that Item 8.A., AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY, be amended by striking any reference to reimbursable expenses. The City Manager requested that Item 9.H., SOCIAL SECURITY OFFSET/DISABILITY RETIREMENT be postponed until the regular meeting of September 19th. Mr. Gerner requested that this item not be acted upon this evening because the Mayor serves on the Pension Board and he would like the Mayor to be present when this item is considered. Mr. Randolph moved to approve the agenda as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes. None. 6. Proclamations: 6.A. Recoqnizinq and commending Mike¥ Caruso, U.S. National Barefoot Waterskiing Champion Vice Mayor Ellingsworth read and presented a proclama- tion recognizing and commending Michael Randolph Caruso on becom- ing the 1995 National Barefoot Waterskiing Champion. "Mikey" Caruso came forward to accept the proclamation and presented each of the Commissioners with an autographed poster. 6.B. Recoqnizinq and commendinq the West Atlantic Avenue Foot Patrol Vice Mayor Ellingsworth read and presented a proclama- tion recognizing and commending Officer E. Aronowitz, Officer D. Cummings, Officer J. Evans, Officer J. Horrell, Officer J. Milenkovic, Officer To Mitchell, Officer E. Robinson and Officer J. Sims of the West Atlantic Avenue Foot Patrol as outstanding citizens and representatives of the City of Delray Beach. Rich- ard Overman, Police Chief, came forward to accept the proclama- tion and thanked the Officers for a job well done. 7. Presentations: 7.A. Recognizinq the Delray Ocean Rescue Competitions Team for their performance at the U.S.L.A. National Championships at Santa Cruz, California, August 10-12, 1995 Richard Connell, Beach Supervisor, gave a presentation regarding the U.S.L.A. National Championships held at Santa Cruz, California on August 10-12, 1995. Over 500 lifeguards from more than 20 agencies competed in the two day championships in 58 degree water temperature. The Delray Ocean Rescue Competitions Team achieved a 10th place finish (the best in Delray's competi- tive teams career) and secured four medals. Mr. Connell recog- nized the members of Delray's team: Team Captain Lance Seiler, Stan Cale, Pat Daymon, A.J. Defilippis, Scott Mundell, Aaron Sarlo and Emerson Timmins for their outstanding efforts and achievements. Lance Seiler, Competition Team Captain, thanked and recognized everyone involved in the effort to send the Delray Ocean Rescue Competitions Team to the U.S.L.A. National Champion- ships. Joseph Weldon, Director of Parks and Recreation, recog- nized and commended the Delray Ocean Rescue Competitions Team members for their dedication and extraordinary efforts. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 1995 through September 30, 1996. 8.B. LANDSCAPE WAIVER FOR BLOCK 85 REDEVELOPMENT: Approve a waiver to LDR Section 4.6.16(H) (3) (k) to reduce the width of a 2 9/5/95 landscape area from 5 feet to 3 feet for the Block 85 Redevelop- ment project at the southeast corner of Atlantic Avenue and S.E. 2nd Avenue, based on positive findings. 8.C. INSTALLMENT AGREEMENT FOR IN-LIEU PARKING FOR NORTHERN TRUST BANK: Approve an installment agreement for the payment of $18,000 in-lieu parking fees for Northern Trust Bank, to be located at the southeast corner of East Atlantic Avenue and Palm Square. 8.D. RENEWAL OF TRAINING AGREEMENT FOR VOCATIONAL EDUCATION PROGRAMS/SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve a renewal of the Training Agreement for Vocational Education Programs between the City and the School District of Palm Beach County for the period July 1, 1995 through June 30, 1996. 8.E. AMENDMENTS TO LICENSE AGREEMENT WITH LIDDUN INTERNA- TIONAL, INC. FOR THE LEGENDS TENNIS TOURNAMENT AND CONCERT: Approve amendments to the license agreement with Liddun Interna- tional, Inc. for the Legends Tennis Tournament and concerts at the Municipal Tennis Center from November 30 through December 3, 1995. 8.F. RESOLUTION NO. 59-95: Approve a resolution authorizing the transfer of Fairbanks Communications, Inc. (also known as Leadership Cablevision) cable television franchise to Leadership Acquisition Limited Partnership, an affiliate of Adelphia Commu- nications Corporation. The caption of Resolution No. 59-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 93, "CABLE TELEVISION", SECTION 93.34, "TRANSFER OF FRANCHISE", AUTHORIZING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM FAIRBANKS COMMUNICATIONS, INC., ALSO KNOWN AS LEADERSHIP CABLEVISION, TO LEADER- SHIP ACQUISITION LIMITED PARTNERSHIP, AN AFFILIATE OF ADELPHIA COMMUNICATIONS CORPORA- TION. (Copy of Resolution No. 59-95 is on file in the offi- cial Resolution Book) 8.G. ACCEPTANCE OF EASEMENT DEED/WOLFE AND BROWN: Accept an easement deed from David Wolfe and Sharon Brown for a 12 foot sanitary sewer easement along the south boundary of their proper- ty at 2520 Greenbrier Drive (Lot 8, Woodvue Subdivision). 8.H. FINAL PLAT/THE VININGS AT DELRAY BEACH: Approve the final plat for The Vinings at Delray Beach, a replat of a portion of Tracts "B", "C" and "D" of Laver's North, located on the west -3- 9/5/95 side of S.W. 4th Avenue, between Linton Boulevard and Egret Circle. 8.I. FINAL PAYMENT/HAZEN AND SAWYER, P.C.: Approve final payment in the amount of $1,063.97 to Hazen and Sawyer, P.C. for consulting engineering services under Service Authorization No. 15 for the water main extension along N.E. 3rd Avenue, with funding from 440-5179-536-63.58. 8.J. FINAL PAYMENT/HAZEN AND SAWYER, P.C.: Approve final payment in the amount of $1,766.52 to Hazen and Sawyer, P.C. for consulting engineering services under Service Authorization No. 11 for the extension of an 8" sewer collection system along Homewood Boulevard between Highland and Atlantic Avenues, with funding from 447-5175-536-36.30. 8.K. CLOSEOUT CHANGE ORDER NO. i AND FINAL PA¥- MENT/INTERCOUNTY ENGINEERING, INC.: Approve Change Order No. 1 (Final) in the amount of $3,467.17, and request for final payment in the amount of $7,548.05 to Intercounty Engineering, Inc. for the School Site "S" Lift Station 59E project, with funding from 441-5181-536-69.15. 8.L. SETTLEMENT/KERSNER V. CITY OF DELRAY BEACH: Approve settlement of the referenced claim as recommended by the City Attorney. 8.M. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify the SCRWTD Board's action of August 31, 1995, to approve the expenditure of $3,936.50 (half from each city) from Capital Assets Fund to purchase a new 1/2 ton pickup truck from Wallace Ford. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Southeastern Municipal Supply (SEMSCO) in the estimated annual amount of $20,302.42 (via Palm Beach County Contract) for water meter boxes and lids; with funding from 442-5178-536-52.31. 2. Bid award to Delray Garden Center in the amount of $45,000 for landscape maintenence for the Atlantic High School multi-purpose fields; with funding from 001-4131-572- 34.90. 3. Bid award to Murray Logan Construction, Inc. in the amount of $88,000 for modifications to yard piping at Lift Station No. 50 located on Lowson Boulevard at the E-4 Canal, with funding from 442-5178-536-61.84, through budget transfer from 61.90, 61.42, and 64.13. -4- 9/5/95 4. Grant awards for the rehabilitation of two single family housing units under the CDBG Housing Rehabilitation program, to be awarded as follows: $17,388 for rehabilitation at 718 S.W. 2nd Street to First Choice Corporation, and an amount not to exceed $20,000 for rehabilitation at 202 S.W. llth Avenue to Ablsset Corporation. Funding is avail- able from 118-1963-554-49.19. 8.0. REQUEST FROM PALM ACTS FOR CONCERTS AT THE TENNIS STADIUM: Approve a request from Palm Acts to hold concerts in the Tennis Stadium on Saturday, October 28, 1995, and Saturday, November 18, 1995. Dr. Alperin moved to approve the Consent Agenda, as amended by the City Attorney with respect to Item 8.A., Agreement for Lobbying Services/Kathleen E. Daley, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. FLORIDA A&M MARCHING BAND: Consider the contracts associated with the Florida A&M University Marching Band matter. The City Attorney stated that the various contracts and agreements are outlined in Mr. Weiner's letter of September 1st, and include the contract with Florida A&M University, the con- tract with Atlantic High School, pledge agreement, and a contract with Annett Bus Lines. If the agreements are approved, then direction needs to be given regarding ticket sale monies. Mr. Weiner has recommended that all ticket sale monies be placed in a City account with Lula Butler as a designated signatory on the account and all funds forwarded to her attention. Michael Weiner, attorney, reported that Mrs. Charlotte Durante had just given him a report showing that another $1,000 has been raised in terms of pledges. He noted that this makes a total of $11,500 worth of pledges raised towards the band. The costs that the City would assume are included in the budget in the total amount of $36,213.00. The Perfect Harmony Festival Committee expects that this amount will be offset by pledges (when collected) and ticket sales. Charlotte Durante, representing the Perfect Harmony Festival, stated in terms of ticket sales, Lula Butler is coordi- nating the distribution of the tickets and arrangements have been made as to how those tickets will be distributed for sale. Two businesses will be outlets for ticket sales in addition to the City, Pompey Park and the Chamber of Commerce. On question from Vice Mayor Ellingsworth, Mr. Weiner stated that in addition to a local community network for ticket -5- 9/5/95 sales, the event will also be promoted by radio stations WPOM and WYFX (Foxy radio). Dr. Alperin suggested that there might be an advantage to charging a higher price for tickets at the gate than if they are bought beforehand. If the price is the same, more people may wait until the last minute to buy a ticket. Mr. Weiner and Mrs. Durante felt this was a good idea and suggested a ticket price of $7.00 in advance and $8.00 at the door. After discussion, Dr. Alperin moved to approve the Budget for the Florida A&M University Delray Performance Commit- tee, the contract with Florida A&M University Marching "100" Band, the contract with Atlantic High School, Pledge Agreement, and contract with Annett Bus Lines; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.B. FUNDING COMMITMENT/SOUTH COUNTY CONVENTION CENTER: Consider formal approval of a commitment to provide funding support in the amount of $50,000 per year for twenty years, beginning FY 1997, provided the Palm Beach County Convention Center is built at the South County location. The City Manager stated that this is before the Commis- sion to formalize a funding commitment for the South County Convention Center. He further explained that the City can wait to see what the County will decide and if the County decides to indeed locate the facility at the South County site, then the City would enter into a formal contractual agreement with the County. Dr. Alperin moved to approve a commitment to provide funding support in the amount of $50,000 per year for twenty years from General Fund revenues (non-ad valorem) beginning fiscal year 1997, provided the Palm Beach County Convention Center is built at the South County location and subject to appropriate interlocal agreements; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice Mayor Ellingsworth - Yes; Mrs. Smith Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.C. RESOLUTION NO. 60-95: Consider a resolution extending the buildout date of a previously approved Development of Region- al Impact (DRI) for Waterford Place, located south of Linton Boulevard east of 1-95. The City Manager presented Resolution No. 60-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO 49-85, WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY 9/5/95 BEACH, BY AMENDING CONCLUSIONS OF LAW, SEC- TION 2, TO PROVIDE FOR AN EXTENSION OF THE BUILD OUT DATE FOR THE WATERFORD PLACE DEVEL- OPMENT OF REGIONAL IMPACT; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 60-95 is on file in the offi- cial Resolution Book) Mrs. Smith moved to approve Resolution No. 60-95. Vice Mayor Ellingsworth passed the gavel to Deputy Vice Mayor Smith and seconded the motion. Upon roll call the Commission voted as follows: Deputy Vice Mayor Smith - Yes; Dr. Alperin Yes; Mr. Randolph - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.D. INTERLOCAL AGREEMENT WITH SCHOOL BOARD FOR PINE GROVE PARK/PLAYGROUND: Consider approval of a Master Interlocal Agree- ment and a site specific Addendum between the City and the Palm Beach County School Board for the Pine Grove Park/Playground project. Robert A. Barcinski, Assistant City Manager, stated that City staff has been working with the School Board staff over the last six months to finalize the required agreements for the Pine Grove Park/Playground project. The Master Agreement is a general School Board Agreement for joint use of facilities; the addendum is site specific to this project. The addendum covers Phase I of the project to include the playground, multipurpose court, multipurpose ball field, and site work and irrigation for these areas. The addendum is written with the City taking the lead for processing through our Boards and for design and con- struction management. Staff recommends approval of the Master Interlocal Agreement and Addendum between the City of Delray Beach and Palm Beach County School Board for the Pine Grove Park/Playground project as amended by the City Attorney. Dr. Alperin moved to approve the Master Interlocal Agreement and a site specific Addendum between the City and the Palm Beach County School Board for the Pine Grove Park/Playground project, as amended by the City Attorney, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.E. REQUEST FROM CHAMBER OF COMMERCE FOR USE OF CITY LOGO: Consider a request from the Chamber of Commerce for use of the City's logo on the Delray Worldwide Web Page via EmiNet Domain, a local internet access provider. The City Attorney stated the Chamber of Commerce is asking the City for permission to include the City of Delray Beach logo (along with the All-America City and Chamber logos) on the Delray Worldwide Web site. -7- 9/5/95 Vice Mayor Ellingsworth asked if some type of an escape clause could be included which would allow the City to terminate the use of the logo at any time if there were to be any problems, such as unauthorized downloading, etc.? The City Manager stated that the City could write a letter to the Chamber of Commerce stating that the City reserves the "right to withdraw" at any time. After discussion, it was the consensus of the Commis- sion to direct the City Attorney's office to look into register- ing the City's logo or obtaining some kind of trademark protec- tion. Mrs. Smith moved to approve the request from the Cham- ber of Commerce for use of the City's logo on the Delray World- wide Web Page via EmiNet Domain, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint two citizen members to the Pompey Park Advisory Committee for two year terms ending September 13, 1997. The appointments will be made by Commissioner Ellingsworth and Commissioner Ran- dolph. Vice Mayor Ellingsworth stated that he wished to reap- point M. Sue Jackson to a two year term ending September 13, 1997. Dr. Alperin so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to appoint Willie Potts, Jr. to the Pompey Park Advisory Committee for a two year term ending Septem- ber 13, 1997, seconded by Dr. Alperin. Upon roll call the Com- mission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board, the Site Plan Review and Appearance Board, and the Historic Preservation Board during the period August 14 through September 1, 1995. The City Manager stated that he had placed this item on the regular agenda due to his concerns about the Site Plan Review and Appearance Board's approval for the Kokomo Key project. He feels that the adjustments approved by the Board allow the devel- oper to maximize the number of units while reducing the quality, livability and long term viability of the project. He recommend- ed the Commission appeal the Kokomo Key site plan and architec- -8- 9/5/95 rural elevations and direct staff to schedule them for Commission review pursuant to the appeal process. Dr. Alperin moved to receive and file the report with the exception of the Site Plan Review and Appearance Board's approval of the Kokomo Key project which is appealed to the regular meeting of September 19, 1995, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.H. POSTPONED. 9.I. EVALUATION/CITY ATTORNEY: Mr. Randolph stated that whenever he has contacted the City Attorney, she has always been extremely responsive. He feels the office has streamlined a great deal due to the dedica- tion of the City Attorney, and complimented her on a job well done. Mrs. Smith agreed completely with Mr. Randolph and stated anytime she has needed help from the City Attorney's office, the response has always been prompt and very good. She further commended the City Attorney on the rapport and coopera- tion which has been developed with other City departments. Dr. Alperin stated he was in full support of the com- ments made by Commissioners Randolph and Smith. Mr. Ellingsworth stated he feels there has been a complete attitudinal change for the better and feels the City Attorney is doing a super job. Dr. Alperin moved to approve a 4.5% performance in- crease for the City Attorney, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.J. EVALUATION/CITYMANAGER: Mrs. Smith stated she always receives a prompt response from the City Manager whenever a question or a problem may arise. Overall, she is extremely pleased with the City Manager's perfor- mance. Dr. Alperin stated it is rare that the public has ever called him to complain about the City Manager's office. He stated that staff has a lot of enthusiasm and stability knowing that if they do a good job, they will be recognized and rewarded by the City Manager. He feels this is an excellent way of creat- ing an atmosphere that everyone in the City benefits from. -9- 9/5/95 Mr. Randolph amplified the comments made by both Mrs. Smith and Dr. Alperin. In addition, Mr. Randolph emphasized that the budgetary process has improved tremendously because of the City Manager. Mr. Ellingsworth stated the City Manager is a fair and stable leader, and he is very pleased with his performance. Dr. Alperin moved to approve a 4.5% performance in- crease for the City Manager, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to the First Read- ings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 49-95: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code to provide for an increase in the rates charged for garbage, recycling and trash services provided to residential and commercial customers. If passed, public hearing on September 19, 1995. The City Manager presented Ordinance No. 49-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.70, "REGULAR C~ARGES LEVIED", TO PROVIDE FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL AND COMMERCIAL CUSTOMERS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 49-95 is on file in the official Ordinance Book) The City Manager stated that Ordinance No. 49-95 is drafted to incorporate the cost of living index increases that are required in the City's current contract with Waste Manage- ment. He stated that Waste Management has brought forward a proposal for making some modifications in their collection method which could potentially reduce rates. The proposal will be explained more fully at the workshop meeting on September 12, 1995. Dr. Alperin moved to approve Ordinance No. 49-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; 9/5/95 Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 51-95: An ordinance establishing initial zoning of PRD-5 (Planned Residential Development - 5 units per acre), RM-8 (Medium Density Residential - 8 units per acre), OS (Open Space), and SAD (Special Activities District) for Blood's Hammock Groves located on the south side of Linton Boulevard and east of Military Trail. If passed, public hearing on September 19, 1995. The City Manager presented Ordinance No. 51-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING CLASSIFICATIONS FOR A PARCEL OF LAND KNOWN AS BLOOD'S GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DE- SCRIBED HEREIN; SAID LAND HAVING BEEN ANNEXED TO THE CITY OF DELRAY BEACH BY ORDINANCE NO. 42-95; PROVIDING FOR THE ZONING THEREOF TO PRD-5 (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT - 5 UNITS/ACRE) FOR A 51.71 ACRE PORTION OF THE LAND, TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS/ACRE) DISTRICT FOR A 28.29 ACRE PORTION OF THE LAND, TO OS (OPEN SPACE) DISTRICT FOR A 3.81 ACRE PORTION OF THE LAND, AND TO SAD (SPECIAL ACTIVITIES DISTRICT) FOR A 10.27 ACRE PORTION OF THE LAND; GRANTING SITE PLAN AND CONDITIONAL USE APPROVAL FOR T~LAT PORTION OF THE LAND TO BE ZONED SPECIAL ACTIVITIES DISTRICT; PROVIDING FOR REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE PLAN MODIFICATIONS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 51-95 is on file in the official Ordinance Book) Dr. Alperin moved to approve Ordinance No. 51-95 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 52-95: An ordinance amending Chapter 93, "Cable Television", of the City Code to provide for free cable service to all public buildings within the City of Delray Beach. If passed, public hearing on September 19, 1995. The City Manager presented Ordinance No. 52-95: -11- 9/5/95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 93, "CABLE TELEVISION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BE AMENDING SECTION 93.27, "SERVICE TO SCHOOLS, PUBLIC BUILDINGS", TO PROVIDE FOR FREE CABLE SERVICE TO ALL PUBLIC BUILDINGS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 52-95 is on file in the official Ordinance Book) Mrs. Smith asked if our cable provider is going to consider providing free cable service to private schools. The City Manager explained that the ordinance provides that the grantee may, at its election, provide similar service without cost to private schools. Dr. Alperin moved to approve Ordinance No. 52-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANC~ NO. 50-95: An ordinance amending the Police and Firefighter Pension Plan. If passed, public hearing on September 19, 1995. The City Manager presented Ordinance No. 50-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, BY AMEND- ING SECTION 33.60, "DEFINITIONS", TO REVISE THE DEFINITION OF "CONTINUOUS SERVICE" TO REFLECT THE FEDERAL UNIFORMED SERVICES EM- PLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994; AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE BENEFITS TO THE SURVIVING SPOUSE OF A MEMBER WHO IS KILLED IN THE LINE OF DUTY, NOTWITHSTANDING THE SPOUSE'S REMARRIAGE; PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 50-95 is on file in the official Ordinance Book) Mrs. Smith moved to approve Ordinance No. 50-95 on FIRST READING, seconded by Mr. Randolph. Upon roll call the 915195 Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.E. ORDINANCE NO. 53-95: An ordinance to provide for representation from the new Orchard View Elementary School on the Kids and Cops Committee. If passed, public hearing on September 19, 1995. The City Manager presented Ordinance No. 53-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMIS- SIONS'', SUBHEADING "KIDS AND COPS COMMITTEE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 32.41, "COMPOSITION; TERMS; APPOINTMENT", TO PROVIDE FOR REPRESENTATION FROM ORCHARD VIEW ELEMEN- TARY SCHOOL ON THE KIDS AND COPS COMMITTEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 53-95 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 53-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 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. RESOLUTION NO. 61-95: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 1995/96 stormwater management assessments, and certifying and adopting the stormwater management assessment roll. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 61-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENE- FITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCOR- -13- 9/5/95 DANCE WITH CHAPTER 56 OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATERMANAGEMENT ASSESSMENT ROLL. (Copy of Resolution No. 61-95 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. Mr. Randolph moved to adopt Resolution No. 61-95, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.B. RESOLUTION NO. 62-95: A resolution tentatively levying a tax on all properties within the City of Delray Beach. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 62-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 62-95 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 City Manager stated that Resolution No. 62-95 levies a tentative millage which totals 7.90 mills. The City's present millage is 7.95 so the tentative millage represents a reduction of 5 one-hundredths of a mill. Under the TRIM legisla- tion and the definitions and calculations that they require, the tentative millage is 1.16 percent above the rollback rate. The public hearing was closed. -14- 9/5/95 Dr. Alperin moved to adopt Resolution No. 62-95, sec- onded by Mrs. Smith. Upon roll call the Commission voted as follows: Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. At this point, in compliance with the TRIM law, the City Manager announced the City Commission has adopted a tenta- tive millage rate of 7.90. This tentative millage rate is 1.16% above the roll back rate. 10.C. RESOLUTION NO. 63-95: A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach. Prior to considera- tion of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 63-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OP DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DIS- TRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPRO- PRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 63-95 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 City Manager stated that ResolutionNo. 63-95 tenta- tively levies a tax in the amount of 0.85 mills on all properties within the Downtown Development Authority. The public hearing was closed. Mr. Randolph moved to adopt Resolution No. 63-95, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. At this point, in compliance with the TRIM law, the City Manager announced the City Commission has adopted a tenta- tive millage rate of 0.85 for the Downtown Development Authority Taxing District. This tentative millage rate exceeds the 0.84 roll back rate by 1.18%. -15- 9/5/95 10.D. RESOLUTION NO. 64-95: A resolution making tentative appropriations of sums of money for all necessary expenditures of the City for the period October 1, 1995 to September 30, 1996. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 64-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTA- TIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1995, TO THE 30TH DAY OF SEPTEMBER, 1996; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 64-95 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. Dr. Alperin moved to adopt Resolution No. 64-95, sec- onded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 42-95: An ordinance annexing to the City a 94.14 acre parcel of land known as Blood's Hammock Groves. The subject property is located on the south side of Linton Boule- vard, east of Military Trail. 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 City Manager presented Ordinance No. 42-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS BLOOD'S GROVE ORCHARD, LOCATED SOUTH OF LINTON BOULEVARD AND EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- -16- 9/5/95 PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 42-95 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. Randolph moved to adopt Ordinance No. 42-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.F. ORDINANCE NO. 43-95: An ordinance annexing an 18.10 acre parcel of land known as the Jones Property and establishing initial zoning of RM-6 (Medium Density Residential - 6 units per acre) for 4.2 acres, and RM (Medium Density Residential - 6 to 12 units per acre) for 13.9 acres. The subject property is located on the north side of West Atlantic Avenue, immediately east of the Carver Middle School site. 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 City Manager presented Ordinance No. 43-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS THE JONES PROPERTY, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, EAST OF AND ADJACENT TO THE CARVER MIDDLE SCHOOL SITE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING OF A 4.2. ACRE PORTION OF THE LAND TO RM-6 (MEDIUM DENSITY RESIDENTIAL - 6 UNITS PER ACRE) DISTRICT, AND A 13.9 ACRE PORTION OF THE LAND TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 43-95 is on file in the official Ordinance Book) -17- 9/5/95 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. Mrs. Smith moved to adopt Ordinance No. 43-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 44-95: An ordinance adopting Comprehen- sive Plan Amendment 95-1, including four amendments to the Future Land Use Map (FLUM) as indicated below. 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 City Manager presented Ordinance No. 44-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 95-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 95-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 44-95 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. John Walker, Project Coordinator, stated that the City Commission transmitted Amendment 95-1 to the Florida Department of Community Affairs (DCA) for mandatory review, by action on May 2, 1995. That review process has been completed and DCA has notified the City, by letter of June 20, 1995, that no further review is needed and the Objections, Recommendations and Comments (ORC) report is waived. In addition to numerous text changes, four (4) Future Land Use Map (FLUM) amendments are included as part of Amendment 95-1. They are: 1. Blood's Hammock Groves from County MR-5 (Medium Density Residential) to City Transitional, Medium Density Residential, Low Density Residential, and Open Space. -18- 9/5/95 2. Jones Property from County HR-8 (High Density Residential) and MR-5 (Medium Density Residential) to City Medium Density Residential. 3. Northwest area amending the City Advisory designa- tion from Rural Residential to Low Density Resi- dential, in part, and Transitional, in part. 4. Removing the Large Scale Mixed Use designation from the former Marina Cay site. The Planning and Zoning Board formally reviewed this item at public hearing on July 17, 1995, and voted unanimously to recommend that Comprehensive Plan Amendment 95-1 be adopted. The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 44-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.H. TRANSMITTAL HEARING OF COMPREHENSIVE PLAN AMENDMENT 95-2: Authorize transmittal of Comprehensive Plan Amendment 95-2 to the State Department of Community Affairs for review. Future Land Use Map {FLUM) amendments which are part of Amendment 95-2 are: 1. Future Land Use Map Amendment from County HR-8 (High Density Residential - 8 units per acre) and CH-8 (Commercial High Intensity with a residential equivalent of 8 units per acre) to City Medium Density Residential and Transitional for the Spence property located on the west side of Mili- tary Trail, north of the L-33 canal. 2. Future Land Use Map Amendment from Redevelopment Area No. 1 to General Commercial, Low Density Residential (0-5 units per acre), Medium Density Residential (5-12 units per acre), Community Facilities and Open Space, for the West Atlantic Redevelopment Area. John Walker, Project Coordinator, stated this is before the Commission for public hearing and to authorize transmittal of proposed Comprehensive Plan Amendment 95-2 to the Department of Community Affairs (DCA) for review. After the review is complet- ed, a second public hearing will be held in December to formally adopt the amendment. The proposed Plan Amendment includes two amendments to the Future Land Use Map (FLUM), as well as numerous text changes as listed in the Planning and Zoning Staff Report. -19- 9/5/95 Vice Mayor Ellingsworth opened the public hearing. John Walker stated that he had received a call from Mrs. Sandra Almy, Beach Property Owners Association, advising that she would not be able to attend tonight's meeting. However, Mrs. Almy did ask that he relay to the Commission that she has concerns regarding the proposed text change relative to the City's position on beach concessions. At this moment, she is not in favor of the changes as written and believes the changes are too permissive. Mrs. Almy plans to review the report fully and will submit written comments prior to the adoption hearing in December. The public hearing was closed. Dr. Alperin moved to approve the transmittal of the Comprehensive Plan Amendment 95-2 to the Department of Community Affairs, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 10.I. ORDINANCE NO. 48-95: An ordinance modifying the Commu- nity Redevelopment Plan for the City of Delray Beach in its entirety. 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 City Manager presented Ordinance No. 48-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRA¥ BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FIND- INGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 48-95 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. Mrs. Smith moved to adopt Ordinance No. 48-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the -20- 9/5/95 Commission voted as follows: Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.J. ORDINANCE NO. 45-95: An ordinance amending LDR Section 4.4.10(G) (5) (c) regarding restrictions on advertising on automo- biles in the AC (Auto Commercial) District. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 45-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT" SUBSECTION 4.4.10(G) (5) (c), OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY RESTRIC- TIONS ON SIGNS AND OTHER DISPLAYS ON VEHICLES IN THE AUTOMOTIVE COMMERCIAL ZONING DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 45-95 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. Joe Kamarata, 764 Avocet Road, stated he does not understand the intent of this ordinance and that it will make it extremely difficult to find cars on car lots if certain numbers cannot be seen. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 45-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.K. ORDINANCE NO. 46-95: An ordinance amending the Land Development Regulations regarding platting requirements and procedures. 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 City Manager presented Ordinance No. 46-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING 9/5/95 SECTION 2.4.3(H), "SUBMISSION (PLATTING) ITEMS" , SECTION 2 . 4 . 3 (K) , "FEES" , SECTION 2.4.4. (E) , "EXPIRATION OF APPROVALS", SECTION 2.4.5 (L) , "MODIFICATION TO RECORDED PLATS", SECTION 2.4 . 9 (C) , "RECORDING OF PLATS" , AND SECTION 2 . 4 . 10, "FINANCIAL GUARANTEES" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, REGARDING PLATTING REQUIREMENTS AND PROCEDURES; AMENDING CHAPTER FIVE, "SUBDIVISION REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS BY REPEALING ARTICLE 5.1, "GENERAL PROVISIONS"; IN ITS ENTIRETY, AND ENACTING A NEW ARTICLE 5.1, "GENERAL PROVISIONS"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 46-95 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. Helen Coopersmith, 1222 South Drive Way, requested a clear explanation as to the intent of this ordinance. The City Attorney responded that it is essentially a "housekeeping" ordinance which standardizes and clarifies the City's regulations with respect to subdividing and platting property. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 46-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 1. Adoption of Standard Subdivision Forms. Mr. Randolph moved to adopt the Standard Subdivision Forms, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Vice Mayor Ellingsworth - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. -22- 9/5/95 The City Manager had no response to prior comments and inquiries. %i.B.i. Dick Eckerle, resident of Woodlake, suggested that the City consider looking into electronic payment of water bills. 11.B.2. Joe Kamarata, 764 Avocet Road, distributed an alarm ordinance from the City of Ocean Ridge and asked about the feasi- bility of Delray Beach doing a similar program where the City handles the entire operation. Also, Mr. Kamarata distributed photographs of medians in Gainesville, Florida, which are adopted for maintenance by corporate sponsors. He felt the City of Delray Beach might want to consider such a program. 11.B.3. Richard Parker, owner of Parker's Kitchen, expressed concern over the restricted parking in front of his business in the 700 block on West Atlantic Avenue. No parking is allowed between the hours of 7:00 p.m. and 7:00 a.m; however, the City allows parking on Atlantic Avenue in front of the Tennis Center and West Side Liquors. He feels this is unfair and thinks the "no parking" sign in front of the restaurant has hurt business. Therefore, he would like the City to consider removing the sign which would add five parking spaces. Vice Mayor Ellingsworth advised Mr. Parker to meet with the City Manager for further discussion. 11.B.4. Drew Zuccala, owner of Zuccala's Wrecker Service, expressed concern regarding the towing bid which is to be opened on September 13th. He feels the City has set the standards too iow, and asked that the towing contract be put on hold until it is looked at more closely. A copy of Mr. Zuccala's comments is attached hereto and incorporated herein as an official part of the minutes. 11.B.5. Jackson Langford, 812 N.E. First Court, stated that on behalf of the N.E. 1st Court homeowners, he is proposing recon- sideration of the abandonment on N.E. 1st Court. He feels there was not fair representation of these residents at the August 8th regular meeting. After discussion, it was the unanimous consensus of the Commission to schedule this item for a reconsideration on October 10, 1995. 11.B.6. Kevin Widmer, 815 N.E. 1st Court, is also opposed to the abandonment of N.E. 1st Court. He expressed concern over the City allowing this to happen. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer. -23- 9/5/95 The City Manager stated he had nothing in particular to discuss this evening. However, he thanked the Commission for their confidence in him as City Manager. He feels staff works extremely well together and he appreciates the opportunity to continue working with the Commission. 13.B. City Attorney. The City Attorney thanked the Commission for their vote of confidence and recognized the entire staff in her office. 13.C. City Commission 13.C.1. Dr. Alperin commented on how pleased he was with the fireworks display. However, he was extremely disappointed by the negativity of the article written in The News. Secondly, he commented on an article regarding Old School Square and the downtown area in the September issue of Historic Preservation magazine. It is impressive that Delray Beach is being recognized so frequently. 13.C.2. Mrs. Smith, too, commented that she felt the fireworks were outstanding. Mrs. Smith asked about how Delray would clean up after a major hurricane. The City Manager stated the City would be responsible for clearing the debris from the streets. Mrs. Smith asked the City Manager if this is currently in the budget? The City Manager stated there is no money budgeted for this and that is one of the reasons the City is accumulating a surplus in the sanitation fund. Furthermore, the City Manager stated there are arrangements made with contractors like Hardrives to provide the City with additional equipment if needed. 13.C.3. Mr. Randolph Mr. Randolph had no comments or inquiries. 13.C.4. Vice Mayor Ellinqsworth Vice Mayor Ellingsworth asked what the amount of the City's general fund reserve is? In response, the City Manager stated he believes that amount is around $2 million. There being no further business, Vice Mayor Ellingsworth declared the meeting adjourned at 7:50 P.M. ATTEST: -24- 9/5/95 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 the City Commission held September 5, 1995, which minutes were formally approved and adopted by the City Commission on --- ~ity Clerk' 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. -25- 9/5/95 ZUCCALA'S WRECKER 633 E. Industrial Ave. Boynton Beach. FL 33426 (407) 737-1212 SEPTEMBER. 5, 1995 DISTINGUISHED MEMBERS OF THE CITY COUNCIL OF DELRAY BEACH MY NAME IS DREW ZUCCALA, I OWN AND OPERATE ZUCCALA WRECKER SERVICE INC. MY COMPANY HAS BEEN THE PRESENT CONTRACTOR FOR TOWING SERVICES IN DELRAY BEACH FOR THE PAST 6 YEARS. MY COMPANY HAS EXCLUSIVELY OPERATED IN THE DELRAY AND 80YNTON AREA FOR THE PAST 18 YEARS. I WOULD LIKE TO BRING TO YOUR ATTENTION INFORMATION REGARDING THE UPCOMING BID FOR THE TOWING CONTRACT. · POINT #1 - WHY WOULD THE CITY ALLOW A TOWING CONTRACTOR TO BE ABLE ~' TO STORE CARS AS FAR AWAY AS THE BROWARD COUNTY LINE? POINT #2 - WHY WOULD THE CITY REWORD THEIR CONTRACT TO MAKE IT ~ EASIER FOR A CONTRACTOR TO QUALIFY - SPECIFICALLY IN · REGARDS TO THE TRUCK SIZE AND NUMBER OF TRUCKS REQUIRED? ~-' POINT #3 - WHY IS THE CITY REQUIRING THE CONTRACTOR TO TOW CITY .~ VEHICLES FOR FREE WHEN THE CITIZENS OF DELRAY BEACH HAVE TO PAY? THE CONTRACTOR RECEIVES NOTHING REGARDING THESE FREE SERVICES. ~. IN CLOSING, THE CITY OF DELRAY BEACH IS GROWING BY LEAPS AND BOUNDS. IT SHOULD BE STRENGTHENING ITS REQUIREMENTS FOR THE CITY TOWING CONTRACT NOT WEAKENING THEM. THE CONTRACTOR SHOULD AT LEAST BE REQUIRED TO PAY TAXES IN THE CITY OF DELRAY BEACH. HOW CAN WE " .EXPECT THE CITIZENS OF DELRAY BEACH TO TRAVEL AS FAR AS THE 8ROWARD COUNTY LINE TO RECOVER THEIR VEHICLES? I HOPE THE COUNCIL WILL SEE THESE POINTS AS MAJOR DEFICIENCIES AND TABLE THE TOWING CONTRACT FOR FURTHER DISCUSSION. · SINCERELY, .- DREW ZUCCALA