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04-12-94 APRIL 12, 1994 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 6:00 P.M., Tuesday, April 12, 1994. 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 The opening prayer was delivered by Reverend Dave Cubbedge, Cason United Methodist Church. $, The Pledge of Allegiance to the flag of the United States of America was given. .4, Agenda Approval. Dr. Alperin requested that Item No. 8.E. (Amendment to Lease Agreement & Revised Quit Claim Deed/Women's Club) on the Consent Agenda be moved to the Regular Agenda as Item No. 9.A.A. Mayor Lynch noted that an addendum, No. 7.A. (Gee & Jenson - Pompey Park Swimming Pool) has been added to the agenda. The City Attorney advised that an addition of the approval of the deeds, as well as the contract, should be included in Items No. 8.J. through 8.M. Mr. Ellingsworth moved approval of the Agenda, as amended, 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: Dr. Alperin moved approval of the minutes of the Regu- lar Meeting dated March 22, 1994 and the Special Meeting minutes dated March 31, 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. Proclamations: 6.A. Mayor Lynch presented a proclamation proclaiming April 22, 1994, as "Girl Scout Leader's Day" 6.B. Mayor Lynch presented a proclamation proclaiming the week of April 17 through April 23, 1994, as "IOF Foresters Child Abuse Awareness Week". 6.C. Mayor Lynch presented a proclamation proclaiming April 19, 1994, as "National Youth Service Day" 7.A. Presentations: Gee and Jenson - Pompey Park Swimminq Pool. Joe Weldon, Director of Parks and Recreation, intro- duced W. Richard Staudinger, Professional Engineer with the firm of Gee and Jenson, who will make the presentation on the Pompey Park Swimming Pool. Mr. Staudinger gave a brief report of the compilation of months of meetings with the advisory committee and a review of the site to determine whether the pool could be renovated, added to or if it should be torn down and started over, including the associated costs of each. The final decision was to tear down most, if not all, of the current structure. Mr. Staudinger stated the challenge is that there are insufficient funds available to build the swimming pool and all the accessories associated with it. Funds have been allocated from Palm Beach County and, it is his understanding, there are monies availabl~ from CRA to supplement this project. The manner in which it is being approached now, is to install certain pieces at this time with the option of add-ons later without causing damage to the pool. It is not planned to install equipment for the heat pump at this time; however, piping provisions will be made in order that this may be added later. The lighting system will not be entirely completed at this time. In this way, Mr. Staudinger feels it will come within the budget. The current plan is to have the pool designed this summer, start construction this fall and have the pool open by April 1 of 1995. After a short discussion regarding a loan or grant funding, it was the consensus of the Commission to proceed with the design, to give conceptual approval for the financing program and the details will be brought before the Commission at the next regularly scheduled meeting. The City Manager stated that, should a loan or grant not be available, the funding can be built into the budget and be taken care of internally. The Commission concurred. The following items were considered by the Commission as the Consent Agenda: 8, Consent Aqenda: City Manager recommends approval. 8,A.. RESOLUTION NO. 31-94: A resolution assessing costs for -2- 4/12/94 abatement action required to demolish an unsafe structure at 33 N.W. 6th Avenue. The caption of Resolution No. 31-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND 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. 31-94 is on file in the offi- cial Resolution Book) 8.B. RESOLUTION NO. 32-94: A resolution assessing costs for abatement action required to remove nuisances on four properties throughout the City. The caption of Resolution No. 32-94 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 DELRAY 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. 32-94 is on file in the offi- cial Resolution Book) 8.C. WAIVER OF LAND DEVELOPMENT REGULATIONS/BOAT LIFT: Approve a waiver to LDR Regulation 7.9.11(A) governing the boat lift at 965 Bolender Drive. 3 4/12/94 8.D. REIMBURSEMENT FOR ROAD IMPROVEMENTS/WALLACE DODGE: Approve a reimbursement to William Wallace for expenditures associated with the improvement of S.W. 10th Avenue at Linton Boulevard. 8.E. MQVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A. 8.F. FINAL PAYMENT/ACCEL PLUMBINg, INC.: Approve final payment in the amount of $825.61 to Accel Plumbing for work completed at the Tennis Center Phase II. Funding source is General Construction Fund - Tennis Center (Account No. 334-4145-572- 63.42). 8,G, FINAL PAYMENT/BERMUDA LANDSCAPE AND DESIGN: Approve final payment in the amount of $1,824.20 to Bermuda Landscape and Design for work completed at the Tennis Center Phase II. Funding source is General Construction Fund - Tennis Center (Account No. 334-4145-572-63.42). 8,H, CRA RELOCATION ASSISTANCE/LOVE APARTMENTS: Approve and accept $12,000 from the Community Redevelopment Agency to provide relocation assistance to the tenants of the Love Apartments, 33-42 NoWo 1st Avenue. 8.I. FINAL PLAT/LOT 8 & 9 BLOCK 2/FOXPOINTE SUBDIVISION: Consider approval of final plat for the replat of Lots 8 and 9, Block 2, Foxpointe Subdivision to accommodate a future building addition to Lot 9. 8.J. PURCHASE & CONSTRUCTION AGREEMENT/S.W. 10T~ AVENUE/J. HENRy FELTON. JR.: Consider acceptance of Purchase and Construc- tion Agreement with J. Henry Felton, Jr., in the amount of $13,000 for properties on S.W. 10th Avenue right-of-way. 8,K, PURCHASE & CONSTRUCTION AGREEMENT/S.W. 10TH AVENUE/MS DE O~ Consider acceptance of Purchase and Construction Agreement with MS DE Q for properties on S.W. 10th Avenue right-of-way. In return for the right-of-way, the City will install driveway access from S.W. 10th Avenue to the owner's property. 8.L. PURCHASE & CONSTRUCTION AGREEM~NT/$,W, 10TH AVENUE/ELIZABETH GONZALEZ: Consider acceptance of Purchase and Construction Agreement with Elizabeth Gonzalez in the amount of $3,800 for properties on S.W. 10th Avenue right-of-way. 8,M, PURCHASE AND CONSTRUCTION A~REEMENT/$,W, 10TH AVENUE/~LENN & PATRIQIA HAGGERTY: Consider acceptance of Pur- chase and Construction Agreement with Glenn Patricia Haggerty in the amount of $18,000 for 3 lots on S.W. 10th Avenue right-of- way. 8,N, THIS ITEM HAS BEEN REMOVED FROM THE AGENDA, 8,0, EASEMENT DEED/PALM BEACH COUNTY SCHOOL BOARD: Granting -4- 4/12/94 easement deed to Palm Beach County School Board for School Site S. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Chemicals for Water Treatment Plant; annual contract for Liquid Chlorine, Calcium and Sodium Hypochlorite, to Jones Chemicals, at estimated annual cost of $110,025. 2. Contract Award to Intercontinental Construction Corporation for housing rehabilitation of 918 S.W. 3rd Court in the amount of $19,955 from Community Develop- ment Housing Rehabilitation (Account No. 118-1963-554-49.19). 3. Contract Award to Intercontinental Construction Corporation for rental rehabilitation of 238 S.E. 4th Avenue in the amount of $22,125. Investor's share of $14,625 from Community Development Rental Rehabilita- tion (Account No. 118-1975-554-34.65) - Rental Reha- bilitation share of $7,500 from (Account No. 118-1975-554-49.19). Dr. Alperin moved approval of the Consent Agenda, as amended, 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. 9, Regular Agenda: 9.A.A.(8.E.) AMENDMENT TO LEASE AGREEMENT & REVISED OUITCLAIM DEED/WOMEN'S CLUB: Approve a request from the Women's Club to amend their lease agreement with the City and to file a revised Quitclaim Deed to allow the Club to sub-lease the property for commercial purposes. The City Manager stated if the City is going to allow the Women's Club to sub-lease their property, steps need to be taken to change the restrictions that are currently in the deed. His feeling is that it would be good for the City to try and work something out for some reasonable use of the building as it exists today. Mayor Lynch suggested that staff review the entire facility and recommend uses for which it could be rented by the public, with the City maintaining control, but allowing the Women's Club to continue to use it. Upon question by Dr. Alperin, the City Manager advised the City cannot legally rent the facility unless the deed is changed. -5- 4/12/94 The Commission concurred in directing the City Attorney to research the facility, in addition to submitting a letter advising the Women's Club that sub-leasing the facility is not allowable within the deed restrictions for the property. 9.A~. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board during the period March 21 through April 8, 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.. TRANSFER OF INTEREST EARNINGS: Consider transfer of interest earnings in the amount of $35,000 from 1991 Water and Sewer Revenue Bond Interest Earnings (Account No. 447-0000-361-10.00) to Enclave Water and Sewer Phase II (Account No. 447-5175-536-60.31) for water and sewer improvements at Gulfstream Estates and Lake Heights enclave project. Dr. Alperin moved approval, seconded by Mrs. Smith. 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. ALLEY RECQNSTRUCTION/~LOCK ~I Consider petition by residents on Block 58 to delete this alley from the Alley Recon- struction Project. Dr. Alperin expressed the feeling that all interested residents should be contacted prior to abandonment of the alley. Michael Weingr, affected property owner, stated he feels it is quite important for the area to continue the alley system, due to the improvement of the Swinton area and infill housing. Chris Brown, Director of the CRA, commented that they are in the process of purchasing the Weiner property in an at- tempt to construct middle income housing as a part of their Affordable Housing program. If the alley is abandoned, it will be impossible to proceed with construction. He feels that alleyways also assist property owners in satisfying parking re- quirements. Mr. Ellingsworth moved for denial of the petition to delete the alley, 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. -6- 4/12/94 9.D, AGREEMENT/JEM ORCHIDS AND ORNAMENTALS AND THE CITY OF DELRAY BEACH~ Consider agreement between Gene Monnier and Jean Monnier, dba JEM Orchids and Ornamentals, regarding the Morikami Park well field. The City Attorney advised that there have been negotia- tions with the Monniers and the potential impact on their proper- ty. This agreement reflects an agreement wherein the City agrees not to construct Well No. 1.; however, this does not decrease the overall capacity in any way. Mayor Lynch questioned why the City needed eleven (11) wells two weeks ago, and today there is a need for only ten (10). Richard Hasko, Deputy Director of Public Utilities, responded that the potential for eleven (11) wells is still there, but it is essentially the location of Well No. 1 that is at issue. By moving the location of Well No. 1, it changes the well zone boundaries and the Monniers will not be required to assume all the precautions with their land as was originally anticipated. Mr. Randolph moved approval of the agreement, 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. 10, Public Hearings. NONE. At this point, there being no Public Hearings, the Commission moved to the First Readings portion of the Agenda. 12. First Readings: 12.A. ORDINANCE NO. 20-94: An ordinance which provides for establishment of the Kids and Cops Committee as an advisory body to the City Commission. The ordinance would exempt Kids and Cops Committee members from the current term limits of two, two-year terms. If passed, Public Hearing will be held May 3rd. The City Manager presented Ordinance No. 20-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTIONS 18-91, 30-93, AND 96-93 AND ENACTING THIS ORDINANCE WHICH PROVIDES FOR THE ESTABLISHMENT OF THE KIDS AND COPS COM- MITTEE AS AN ADVISORY BODY TO THE CITY COM- MISSION; PROVIDING FOR THE COMMITTEE'S COMPO- SITION, TERMS, AND EXTENSIONS THEREOF, THE FILLING OF VACANCIES, RATIFICATION OF SELEC- TIONS BY THE CITY COMMISSION, DIRECT REAP- POINTMENTS, AND MEETING CRITERIA; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE COMMITTEE; PROVIDING FOR STAFFING FOR PROGRAM -7- 4/12/94 ACTIVITIES; PROVIDING FOR THE RECRUITMENT OF PARTICIPANTS; PROVIDING FOR THE AUTHORITY OF SAID COMMITTEE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Upon question by Mr. Ellingsworth regarding attendance, Dr. Alperin responded that the lack of attendance has been dis- mal; volunteers from the schools are just not attending. Mayor Lynch stated he has no problem with the two-year term, but feels those persons who do not attend should be dropped in favor of selecting persons who are dedicated. Dr. Alperin commented that this particular committee requests that the Commission approve selections made by the Chamber of Commerce, Parks and Recreation, Pine Grove Elementary School, Spady Elementary, Plumosa Elementary, the Clergy from the Ministerial Association, Atlantic Highschool Student Council, MAD DADS and citizens at large. His concern is that those persons that have a near perfect attendance not be removed after a period of two years, but allowed to remain instead of being replaced by persons who may not make an effort to attend. Mrs. Smith questioned if there is an attendance re- quirement included in the ordinance. The City Manager responded there is a provision in another section of the City Code of Ordinances that requires automatic removal from a City Board if a representative misses three (3) meetings without good cause. Mr. Randolph asked if a person would be eliminated from serving on another Board if he is serving on the Kids and Cops Committee. The City Attorney advised that there are certain provisions in the State Statutes regarding dual appointments, but she will look into this issue and get back to the Commission. Mrs. Smith moved for the adoption of Ordinance No. 20-94 on First Reading, 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. 12.B, ORDINANCE NO. 21-94: An ordinance for annexation, small scale land use plan amendment, and initial zoning for The Boy's Farmers Market. If passed, Public Hearing will be held May 3rd. The City Manager presented Ordinance No. 21-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 14378 MILITARY TRAIL, AND BEING -8- 4/12/94 MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDA- RIES OF THE CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNA- TION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO. GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor to public comment. Joseph Leavitt, High Point West, who lives directly across the street from the market, stated the residents in his community are concerned regarding the traffic issue and the safety factor involved due to the location of the market. He questioned who has jurisdiction of the street and traffic, the City or Palm Beach County, should this annexation be approved. Mayor Lynch stated the City has a very good working relationship with Palm Beach County Traffic Engineering Depart- ment and will alert them to the traffic concerns regarding this particular issue. Mr. Leavitt provided the Commission with a copy of the letter of correspondence he received from Palm Beach County to assist in the request for consideration of this safety issue. Gerry Church, representing the applicant, stated at the onset, the owner was considering annexing only one parcel; however, that one parcel is approximately 150 feet south of the Post Office and 150 feet south of the intersection, which poses no bearing to the Boy's Farmers Market. The City took the posi- tion of requesting that the two parcels owned by Mr. Fanelli be included in the petition to complete the segment along Military Trail. At the P&Z Hearing it was decided that, because it would create an enclave, they would annex only one parcel leaving the one section to the north, contiguous to the Post Office and next to the traffic signal involved. The owner would like to have both parcels annexed into the City and has signed a Water Service Agreement for both parcels. In order to do that and not create an enclave, he would omit the thirty foot (30') access strip on the north end of the tract. His client feels the City would have more control if both parcels were annexed and he is requesting consideration to include both and omit the access strip, thereby -9- 4/12/94 not creating an enclave entirely surrounded within the City boundaries. Mayor Lynch questioned why the City would not annex the entire property, create an enclave and then bring all into the City. The City Attorney responded that it is against the law to create an enclave; and the proposal would leave a fingerlike projection which is not acceptable. Diane Dominguez, Planning Director, commented that this is a bit different because there are two houses to the east which need this thirty foot (30') access easement to get to Military Trail. If the City takes the northern parcel, it will be neces- sary for them to drive through the City and they will become an enclave. Upon question, Ms. Dominquez stated the owners of the parcels behind the property in question have been approached and they are not interested in being annexed at this time. Dr. Alperin moved to postpone Ordinance No. 21-94 on First Reading to allow for modification of the ordinance and readvertising, 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. 12,~, ORDINANCE NO. 22-94: An ordinance repealing Chapters 53 and 54 of the Code of Ordinances and combining them into a new Chapter 53 to bring the City into compliance with the Environmen- tal Protection Agency regulations regarding waste from Residen- tial, Industrial, and Commercial buildings. If passed, Public Hearing will be held May 3rd. The City Manager presented Ordinance No. 22-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 53, "INDUSTRIAL AND COMMERCIAL WASTE", REPEALING CHAPTER 54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AND ENACTING A NEW CHAPTER 53, "RESI- DENTIAL, INDUSTRIAL AND COMMERCIAL WASTE" TO PROVIDE FOR: PURPOSE; SCOPE; GENERAL PR6VI- SIONS; DEFINITIONS; COMPLIANCE; DISPOSAL OTHER THAN THROUGH REGIONAL FACILITIES; PERMIT REQUIRED FOR BUILDING SEWERS AND CONNECTIONS; ESTABLISHING CRITERIA FOR WASTES DISCHARGED TO PUBLIC SEWERS; ESTABLISHING CRITERIA FOR THE ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE; REQUIRING PERMITS AND SETTING TERMS FOR INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE; DISCHARGE PERMIT APPLICA- TIONS; RIGHT TO REFUSE SERVICE; COMPLIANCE -10- 4/12/94 WITH NATIONAL CATEGORICAL PRETREATMENT STAN- DARDS; PROTECTION FROM DAMAGE; POWER AND AUTHORITY OF INSPECTORS; APPLICABILITY TO ALL USERS, INCLUDING OTHER LOCAL GOVERNMENTS; ENFORCEMENT; REPORTING, INSPECTION, AND MONITORING REQUIREMENTS; PRETREATMENT RE- QUIREMENTS; INFORMATION AVAILABILITY; ADOP- TION OF SIMILAR STANDARDS REQUIRED OF OTHER LOCAL GOVERNMENT USERS; REQUIRING USE OF PUBLIC SEWERS; REGULATING PRIVATE SEWAGE DISPOSAL; REGULATING BUILDING AND SEWER CONNECTIONS; PROVIDING FOR USER CHARGE, CONNECTION CHARGE AND INDUSTRIAL COST RECOV- ERY SYSTEM; PROVIDING FOR APPLICATION OF THIS CHAPTER; PROVIDING A GENERAL REPEALER, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 22-94 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. 11, Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. ll,A, City Manager's response to prior public comments and inquiries. 1) The City Manager responded to concerns expressed by the Lake Ida Property Owners Association about substandard lots and cars parking on lawns by stating that, at the meeting of March 21st, the Planning and Zoning Board initiated two text amendments dealing with issues brought forward by the Lake Ida area resi- dents. These are restrictions on the size of accessory struc- tures and additional limitations on the use of substandard lots. Those amendments will be prepared by staff and are tentatively scheduled for consideration by the Planning and Zoning Board at its May 16th meeting. The issue of parking on lawns is in the ordinances and is being reviewed by the Neighborhood Task Team. Upon completion, it will be brought forward to the City Commission for consideration. 2) Regarding questions about the industrial building on Lake Ida Road and 10th Avenue, SPRAB approved the light blue color at the meeting on February 23rd. The owner ordered and received the paint around April 1st and is to commence painting this week. The City Manager commented that he does not know the status of the landscaping at this time. 3) In response to a question with regard to the occupancy of the Police substation on S.W. 12th Avenue by Mr. Burns, the -11- 4/12/94 City Manager stated the station has never been manned twenty-four hours a day. There seems to be no record of Mr. Burns filing a complaint about the drug activity in the area. In response to comments regarding loitering laws, the City Manager advised that no one can be arrested for "hanging out" anywhere in the City because there are no loitering laws on public property. There are trespass arrests made when property owners choose to warn people to stay off their property and they do not comply. The law requires that the property owner initiate the warning prior to police action being taken. Upon a request by Mayor Lynch, the City Manager agreed to put this in writing for Mr. Burns. 4) A second letter has been sent to Mr. Ken Rogers, Palm Beach County regarding the landscaping on Lake Ida Road. Appar- ently Mr. Rogers was under the impression that the City had completed all the planting. After speaking with him on the telephone, he promised to submit a letter and there will be a follow up. 5) The five homeowners living in the Isles of Delray subdivision have been contacted to discuss the entrance and the guardhouse with three of the five making a commitment investing time and money in doing some upgrading, one is considering the request and one said a definite "no" They are concerned about the property values and would like to do something to eliminate the blighted condition at the entrance. The property owner for the Isles of Delray has been contacted but has given no confirma- tion when he might make improvements to the guardhouse; however, he has been open to discussion. 6) The Community Improvement staff has been proactive in meeting with persons responsible for organizing the weekend activities at Pompey Park in conjunction with the Police Chief, the Director of Parks and Recreation and MAD DADS. They have been working with these people and others, one on one, addressing the issue of educational seminars. No definite date has been set when these will be on line; however, it is hoped there will be something to bring before the Commission within the next two or three weeks when appropriate actions have been determined and what budget restraints may require. 7) There was some concern expressed about the sidewalks in the Carver Park area. Some sections of sidewalk had been removed and barricaded for approximately 14 days. Sections are removed by the City until such time as to require a full load of concrete to save time and money. The City Manager stated the work was to have been completed before last Friday and he is not sure that this was accomplished. Regarding the sidewalk on N.E. 3rd Street between Swinton and N.E. 2nd Avenue, construction is planned for the north side of NoE. 3rd Street. That will be taken care of when the Banker's Row project is finished. There was an inquiry about the Silver Terrace Road maintenance; the roads are on a twice-a-month grading schedule -12- 4/12/94 but they are graded more often when weather conditions dictate. Alternatives are being reviewed, short of paving the roads, and more information will be available at a later date. .ll,B, From the Public. ll.B.1. Fredda Weinberg, 15234 Lakes of Delray Boulevard, expressed disappointment with the lack of cooperation she has received from the City Administration with regard to her attempt to make computer lessons available for children at the Atlantic Gardens substation. There are children attending that cannot read, junior high students that are dyslexic and undiagnosed and elementary children who do not recognize the letters of the alphabet. Nearly a month ago Ms. Weinberg stated she approached the Commission requesting approval to start a business to justify being at the substation. She stated she did not ask for money or anything from the City Administration, but simply a proclamation to adopt her procedure as an online information service. She was convinced that there would be a certain act of faith on the part of the City Administration in order for her to start selling advertising on this system and making a living. Ms. Weinberg read into the record a proclamation she composed. (A copy is attached and incorporated as a portion of the permanent record). The City Manager stated he has received a report from the MIS Department with their understanding of what is involved in the request from Ms. Weinberg and are willing to try and follow through with her project. However, there are concerns about the commitment of staff time and future equipment. The City Manager stated that earlier in the evening while speaking with Ms. Weinberg, she indicated to him that she did not feel any commitment was required. A lot of time has been spent on this project and, in part, is a matter of priorities and impossible to accomplish all at one time. Upon question by Mayor Lynch regarding a time frame, the City Manager responded that he is meeting with Ms. Weinberg tomorrow morning to review the MIS report and get her feelings on the issue. ll.B.2. Susan Boylan, Project Graduation Chairman for Atlantic Highschool, stated this project consists of a National commitment by parents to raise funds for an end-of-the-year party for the graduates without alcohol or drugs. The amount needed to com- plete this project is approximately 81400 with a deadline prior to the graduation date of June 4. The plan this year is to rent the Paddle Wheel Queen, the largest boat available, for a cruise on the Intracoastal Waterway. The cost is $13,000, including tee shirts, commemorative items and games to make it an all-night affair. The gentleman they contacted indicated he could get a -13- 4/12/94 carnival together in time to help in raising the money, but there is a problem finding a location. Her request is for approval from the City Commission to use the front portion of the Old School Square property along Atlantic Avenue. Mayor Lynch stated that the City Commission has no control over Old School Square and recommended that she contact Joe Gillie, Executive Director of Old School Square, regarding information at that site. Upon consensus of the Commission, Mayor Lynch suggested that should the Old School Square site not be available, she should contact the City Manager for information regarding the Veterans Park site. ll.B.3~ Alice Finst, 707 Place Tavant, questioned if it is possible to get a traffic signal placed at the Walmart Store on Military Trail. Mayor Lynch responded that Palm Beach County has this scheduled for installation this summer. Ms. Finst also requested that a crosswalk be installed from the corner of the Ingraham Avenue parking lot across A-1-A to the beach, due to increased traffic. Ms. Finst mentioned the earlier discussion on giving tax credits to historic properties and she feels that the City has given a lot to the enhancement of historic properties. Upon completion of the renovations, hedges spring up and are allowed to grow to a height where these historic properties are no longer visible to the public. She would like the Commission to look into this and allow the public the privilege of continuing to view these properties, for it is the public who pays for the enhancement. Ms. Finst commented that, at the Planning and Zoning Board meeting held last night, the majority of the persons at- tending did not feel the plan for a bus terminal on Congress Avenue was so great. She questioned what happened to the plan that was to make the entire area Light Industrial, as opposed to a plan wherein a considerable number of buses will travel in and out of that property from 5:30 in the morning until around 10:30 P.M. at night. This was originally planned to be located on the east side of Congress Avenue directly across from Hunters Run in Boynton Beach and she does not understand why it was relocated to Delray Beach. She would like the Commission to take a serious look at this project when it comes before the Planning and Zoning Board again. ll.B.4. Helen Coopersmith, stated she also objects to the location of the bus terminal that will house 55 to 58 buses on Congress Avenue. She feels this is not needed in Delray Beach. ll.B.5. Tom Haenlon, resident, stated in connection with this bus terminal issue, he recalls speaking to the County Commission regarding the six cent gas tax and the connection of Co-Tran with the suggestion that the only cure would be its removal. -14- 4/12/94 A month or so ago he noticed coconuts being cut down from the Coconut Palms on Atlantic Avenue and landing on the flowers planted below, killing them. Nearly a week later, he noticed that these flowers were being replaced. Only one man was cutting coconuts, but there were four persons replanting the flowers. He continues to hear that the City is short-handed and he wonders why Coconut Palms were chosen as opposed to Queen Palms that do not produce coconuts; or why the flowers on the Coconut Palms are not removed after flowering to eliminate the formation of coconuts. He would like to caution the Commission to give this consideration in the future when A-1-A is expanded. Mr. Haenlon stated he was involved in the Senior Games competition. He complimented Joe Safford, Finance Director, who computerized the timing of the games and knew the standings of the age groups, etc., and the Parks and Recreation Department who all did a tremendous job. Mr. Haenlon commented that Banker's Row at N.E. 1st Avenue between 2nd and 3rd Streets was begun on January 3, 1994 by the CRA, is still not completed and he will be surprised if it is completed by the end of April. He does not understand why the CRA became involved. In 1992 the City Commission adopted Ordi- nance No. 17-92 delegating certain powers to the CRA. It also mentioned other powers authorized by the act which the City Commission did not elect to delegate to the CRA, namely, the power to close, vacate, plan or replan streets, roads, sidewalks, ways or other places and to plan or replan any part of the City. He feels that a little more oversight is needed as to what the CRA is doing and what the Commission is approving to have done. .1.1,B,6, John VanDusen, stated he is interested in a property that has been rezoned residential at the corner of Dixie Highway and S.E. 10th Street. This property has been vacant for the past three years and has been forbidden to be leased because of the rezoning and the fact that the Grandfather clause is no longer valid. His business is salvage and recycling and provides a service to the community. He is requesting that the City waive the zoning, temporarily, until such time as the property is needed for another use. Mayor Lynch advised that the City does not have the authority to do that. Mr. VanDusen further comment- ed that, because of the FPL business that is north of the proper- ty and which was never rezoned, this was a violation of constitu- tional rights Amendment No. 14, which he quoted, and questioned why FPL could operate and he would not be allowed the same privi- lege. Mayor Lynch suggested that Mr. VanDusen contact the City Attorney for an explanation. 13. Comments and Inquiries on Non-Agenda Items. 1.3.A,1. Mrs. Smith complimented everyone on the recent Delray Affair, the Chamber and its success and also the City for the fast cleanup afterwards. -15- 4/12/94 Mrs. Smith commended the Drug Task Force and the Drug Court that started this weekend. 13.A.2, Mr. Ellingsworth added his congratulations to the participants of the Delray Affair and their super cleanup activi- ty. 13.A.3. Mr. Randolph had no comments or inquiries. 13.A.4. Dr. Alperin stated the Drug Court was held in the Commission Chambers last Saturday. There were four cases planned and one emergency drug case for commitment. Despite it being the first day, he felt it went extremely well. 13.A.5. Mayor Lynch questioned the status of the Newsrack Ordinance and why complaints are continuing to be received from the area along A-1-A. The City Attorney stated the ordinance is being enforced. The City Manager stated there is a new person with the district office of the DOT that is under the impression that they can make them go away. The problem now is with DOT who is telling the City that the apron is illegal and want it re- moved. The City responded in agreement, if DOT eliminates the newsracks. If the newsracks stay and the asphalt is removed, a bigger problem will be created. 13.B. The City Attorney had no comments or inquiries. 13.C.1. The City Manager continued with regard to the newsrack issue by stating that DOT is relying on the section of State Statutes that was overturned by the Sun Sentinel in the Fort Lauderdale case wherein they tried to control vendors in the public right-of-way. There being no further business, Mayor Lynch declared the meeting adjourned at 8:10 P.M. ~ Cit~ O~erk ' ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 12, 1994, which -16- 4/12/94 minutes were formally approved and adopted by the City Commission NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these 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- 4/12/94 pROCLAMATION WHEREAS Fredda Weinberg has been commended by the Chief of Police for her efforts to bring the benefits of computer technology to the children of Atlantic Gardens. WHEREAS Miss Weinberg's original project, The Atlantic Gardens. Computer Learning Center has been in operation for over a year and neighborhood children have demonstrated its beneflts for education and social stability. WHEREAS the Atlantic Gardens Computer Learning Center is ready to expand and offer increased services to the general public in the areas of training, communications and organization. WHEREAS students of the Atlantic Gardens Computer Learning Center have been learning to and are prepared to provide those services and community organizations are prepared to support the additional services with their financial support. WHEREAS Fredda Weinberg has presented a proposal to staff for a computer bulletin board to be named Delray Online, which will with the cooperation of City departments expand the public's interaction with the administration. WHEREAS Delray Online will begin operations without charge to the City or citizens nor will it require City personnel for its administration. WHEREAS this proposal is consistent with and advances the goals of the City Commission. THEREFORE this day, April 12, 1994, the Delray Beach City Commission hereby proclaims Delray Online as the official online information provider and instructs staff to work with Miss Wetnberg to begin operations forthwith.