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04-19-94 APRIL 19, 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 19, 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 2. The opening prayer was delivered by Reverend Richard Evans, Abbey Delray South. $. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Lynch requested that Item 9.N., Annexation and Development Agreement with Drive-In Theaters of Florida, Inc. (Delray Swap Shop) be moved forward as Item 9.C.1. on the Regular Agenda. It was requested by the City Manager that Item 8.P. (Carnival Proposal/Project Graduation) be moved to the Regular Agenda as Item 9.A.A.A.A. Dr. Alperin asked that Item 8.B. (Resolution No. 34-94/ Acquisition of Property for Construction of S.W. 10th Street) be moved to the Regular Agenda as Item 9.A.A. Mayor Lynch requested that Item 8.M. Service Authoriza- tion No. 10/Gee & Jenson be moved to the Regular Agenda as Item 9.A.A.A. Dr. Alperin 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. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. $, Anoroval of Minutes: Dr. Alperin moved approval of the Minutes of the Spe- .cial Meeting of ~April 5, 1994, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. PrQclamations: ~.A. Israel Independence Day - May 1. 1994. Mayor Lynch presented a Proclamation proclaiming May 1, 1994 as Israel Independence Day. 7, Presentations: None. 8. Qonsent Agenda: City Manager recommends approval. §,A. RESOLUTION NO. 33-94/ABANDONMENT OF RIGHT-OF-WAY/ILENE COURT: A resolution abandoning Ilene Court right-of-way to the Delray Estates Homeowners Association. The caption of Resolution No. 33-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND .~. ABANDONING THE RIGHT-OF-WAY FOR ILENE COURT, AS SHOWN ON THE PLAT OF DELRAY ESTATES, AS RECORDED IN PLAT BOOK 29, PAGES 163 AND 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AND BEING MORE PARTICULARLY DE- SCRIBED HEREIN. (Copy of Resolution No. 33-94 is on file in the official Resolution Book) 8.B. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A, 8,C, RESOLUTION NO, $~-94/ACQUI$ITION OF PROPERTY FROM HERBERT AND CARRIE YOUNG; A resolution authorizing City acquisition~ of a lot on S.W. 6th Avenue from Herbert and Carrie Young, as part of the State Housing Incentive Program (SHIP). 'The caption of ReSolution No. 35294 is as followS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN -2- 4/19/94 THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 35-94 is on file in the official Resolution Book) 8.D. RESOLUTION NO. 36-94/ACOUISITION OF PROPERTY FROM EDDIE AND YVONNE ODOM: A resolution authorizing City acquisition of a lot on S.W. 6th Avenue from Eddie and Yvonne L. Odom, as part of the State Housing Incentive Program (SHIP). The caption of Resolution No. 36-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 36-94 is on file in the official Resolution Book) ~,.E. COST SHARING AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT ~ Authorize application to the South Florida Water Management District for 50% cost sharing of various drainage projects within the City. ~,F, FINAL PAYMENT/FOWLER ENERGY SYSTEMS. INC.: Approve final payment in the amount of $7,375 to Fowler Energy Systems, Inc. for completion of reroofing projects at the Pompey Park, Beach Patrol and Community Center facilities, with funding from the General Construction Fund, Renewal and Replacement (Account No. 334-6112-519-62.10). 8.G. CHANGE ORDER NO. 2 & FINAL PAYMENT/BEST ELECTRICAL EXpERTS. INC.; Approve final payment to Best Electrical Experts, Inc. in the amount of $12,968.15 for completion of Tennis Center Phase II. Funding source is the General Construction Fund, Tennis Center (Account No. 334-4145-572-63.42). ~8,H.. SERVICE AUTHORIZATION NO.~ 8/HELLER. WEAVER.AND CATO, INC.: Approve Service Authorization to Heller, Weaver and Cato, Inc. in the amount of $18,458.62 for the redesign of Lake Ida Road (landscaped median from Swinton Avenue to Congress Avenue), with funding from the General Construction Fund - East Lake Ida Beautification (Account No. 334-4144-572-63.31). 8,I, FINAL PAYMENT/PALM BEACH COUNTY: Approve final payment to Palm Beach County in the amount of $29,542.12 for completion of the Linton Boulevard 24" raw water main project, with funding -3- 4/19/94 from Water and Sewer Transmission Lines -Water Mains (Account No. 441-5181-536-63.50). 8,J, WATER MAIN EASEMENT DEED/DRUG ABUSE FOUNDATION QF PALM BEACH COUNTY: Accept a 10 foot water main easement deed from the Drug Abuse Foundation of Palm Beach County, Inc. for installation of an 8" water main from Old Dixie Highway to Federal Highway. 8,K, FINAL PAYMENT~SERVICE AUTHORIZATION NO. 7/GEE & JENSON: Approve Final Payment/Service Authorization No. 7 in the amount of $1,120 to Gee & Jenson for pre-hurricane analysis of City facilities, with funding from the General Construction Fund Renewal and Replacement - Buildings (Account No. 334-6112-519-62.10). 8,L, SERVICE AUTHORIZATION NO. 9/GEE & JENSON: Approve Service Authorization No. 9 in the amount of $61,300 to Gee & Jenson for consulting services related to Pompey Park Pool and Bath House. Funding source is the General Construction Fund, Pompey Park Pool (Account No. 334-4170-572-63.45). 8.M. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. 8.N. ~PA¥ING AGENT & REGISTRAR CONTRACT/1991 WATER & SEWER REVENUE BOND ISSUE: Approve Paying Agent/Registrar services contract agreement with Commercial Bank and Trust, relative to the 1991 Water and Sewer Bond Issue. $,Q. TEMPORARY USE PERMIT/600 BLOCK ASSOCIATION: Approve a Temporary Use Permit for the 600 Block Association fund raising event Saturday, May 7 from 10:00 a.m. to 7:00 p.m. in the 600 block of West Atlantic Avenue. 8,P. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. Mr. Randolph moved for approval of the Consent Agenda, as amended, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Regular Agenda: ~9.A.A,- (8¥B-~) 'RESOLUTION NO,':34=94/ACQUI$ITION OF PROPERTy FOR CONSTRUCTION OF S.W. 10TH STREET: A resolution authorizing acquisition of property for road widening of S.W. 10th Street from Dixie Highway to S.W. 4th Avenue. The City Manager presented Resolution No. 34-94. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY, AS -4- 4/19/94 MORE,PARTICULARLY DESCRIBED HEREIN, FOR THE PUBLIC PURPOSE OF CONSTRUCTING.SOUTHWEST 10TH ~ STREET FROM DIXIE HIGHWAY TO SOUTHWEST 4TH AVENUE, FINDING THAT THE ACQUISITION OF SAID PROPERTY IS REASONABLY NECESSARY FOR THE CONSTRUCTION OF SOUTHWEST 10TH STREET, PROVIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 34-94 is on file in the official Resolution Book) Dr. Alperin stated that he had been requested to inquire why this section of S.W. 10th Street was being considered prior to the west section (Wallace/S.W. 10th Avenue). The City Manager responded that the City has already acquired sufficient right-of-way for the western portion. Dr. Alperin moved for the adoption of Resolution~.No. 34-94/Acquisition of Property for Construction of S.W. 10th Street, seconded by Mrs. smith. 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.A.A.A (8.M.~ SERVICE AUTHORIZATION NO. 10~GEE & JENSON: Approve Service Authorization No. l0 in the amount of $8,250.00 to Gee & Jenson for consulting services related to the design and installation of hurricane shutters for the north wing of City Hall, with funding from the General Construction Fund, Building (Account No. 334-6111-519-62.10). Mayor Lynch asked the City Manager to clarify the rationale between this item and Item (K) on the Consent Agenda. The City Manager explained that the difference between the two items relates to a pre-hurricane analysis which is more involved than the installation of'hurricane shutters. He pointed out.~that~ the first ~floor of City.Hall is~structurally sound- but the second floor is not. The recommendation is for the installation of shutters for the north wing, which will be the first step of the process. A representative from the consulting firm of Gee and Jenson stated that the bidding process is more involved and that there are many aspects which relate to design, installation of the shutters and consulting services. The representative pointed out that there are two additions to the City Hall structure. The -5- 4/19/94 north wing addition is the most resistant to wind forces and, as a .'result, the . windOws are especially ~vulnerable. Without hurricane shutters the windows will blow out and there will be substantial damage to the interior. He pointed out that the two-story addition is the most vulnerable to high winds. Also included in the Service Authorization request is a tied-down system for the two Ficus trees which are adjacent to the west and north side of the building. Dr. Alperin moved for approval of Service Authorization No. 10/Gee & Jenson in the amount of $8,250.00, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - No; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 9.A.A.A.A (8.P) CARNIVAL PROPOSAL/PROJECT GRADUATION: Approve a site for the Project Graduation carnival to be held from April 27 to May 1, 1994, with approval contingent upon submittal of property owner approval, certificate of liability insurance, and site plan layout. Assistant City. Manager Barcinski stated that the two proposed locations for the carnival were Veterans Park and Old School Square. He reported that the Caldwell Theatre will be having a production at Old School Square during this time, and a Bar Mitzvah is also scheduled; therefore, the carnival would interfere with these activities. Also, that he had been informed by the carnival broker that the rides need to be placed on an asphalt surface. In regard to the proposed Veterans Park location, Joe Weldon, Director of Parks and Recreation, expressed concern that there is insufficient parking space to accommodate both the carnival and parking. Also, the Director has indicated that the Adult Center and the park would probably have to be closed should the Commission approve this location for the carnival. Mr. Barcinski stated that he has spent a considerable amount of time trying to locate an alternative location. The Delray Mall Management has indicated a willingness; however, there will be a fee between $2,000 and $2,500. Mr. Barcinski noted that funds are available in his promotional budget to pay the fee. ..After brief discussion, .theCommisSion supported staff's proposal for the carnival to be located at the Delray Mall. Mrs. Smith moved to give Project Graduation the $2,000 instead of trying to support the carnival with funds from the City Manager's Promotional Budget, seconded by Mr. Ellingsworth. 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- 4/19/94 9.A. CQNDITIQNAL USE/LITTLE LEE DAY CARE CENTER: Consider ,'Conditional Use request from~the Little Lee Christian Academy to . establish a child day care center at 206 S.W. 13th Avenue. Dr. Alperin moved for approval of the Conditional Use request, 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. 9,B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA ~,~, ANNEXATION AGREEMENTS/NORTH FEDERAL HIGHWAY PROPERTIES: Consider two annexation agreements for properties at 2399 and 2613 North Federal Highway. Lula Butler, Director of Community Improvement, reported that the Menchel annexation agreement has been executed. In regard to the Catapane annexation agreement, the property owners wish to have language included that will enable them to continue the current use of the flea market tables and canopies. She pointed out that this was confirmed by a site visit.by staff. Dr. Alperin moved for approval of the annexation and development agreements for properties at 2399 and 2613 North Federal Highway, seconded by Mr. Randolph. Upon roll Call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C.1. (9.N.) ANNEXATION AND DEVELOPMENT AGREEMENT WITH DRIVE-IN THEATERS OF FLORIDA. INC, (DELRAY SWAP SHOP): Consider the Annexation and Development Agreement with Drive-In Theaters of Florida, Inc. for property located at 2001 North Federal Highway. David Tolces, Assistant City Attorney, explained that agreement addresses the current issue of the property as a swap shop and that the City recognizes the Delray Swap Shop can operate on the property as a conditional use without any further approvals from the City. Also, that the uses on the property are consistent with the General Commercial land use designations. Mr. 'Tolces~then responded~to various questions asked by the Commission regarding the .provisions as outlined in the ~,agreement-i....In-regard to~off-site.parking, ~the owners have agreed to work with staff to further outline their potential off-site parking plan to ensure that the pedestrian walkways are a safe distance from Dixie Highway. He explained that the Delray Swap Shop is agreeing to provide appropriate personnel to direct traffic and pedestrian movement. He noted that the City Attorney's Office will draft a hold harmless agreement. The Assistant City Attorney stated that the item before the Commission is the consideration of the Annexation and -7- 4/19/94 Development Agreement and that the parking plan is to be an ~-exhibit to ~this agreement which ~could be brought back to .the Commission. Mayor Lynch reported that the Department of Transportation will be meeting in Boynton Beach on April 25th. DOT is considering eliminating parking and curb cuts on North Federal Highway from George Bush Boulevard, north through Boynton Beach. Mayor Lynch announced that an employee in his office has a professional relationship with the owner of the Delray Swap Shop, thus he will abstain from voting on this issue. Mr. Randolph moved for approval of the Annexation and Development Agreement with the Delray Swap Shop with the proviso that the parking plan exhibit to this agreement is acceptable to staff, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. (Mayor Lynch abstaining). 9.D, PALM BEACH COUNTY FUTURE LAND USE MAP AMENDMENT 94-1: Review and formal comment to Palm Beach County on proposed amendment to the County's Future Land Use Map. Diane Dominguez, Planning Director, stated that the County is currently processing amendments to their Future Land Use Map and that they have received a private petition. The petitioner, Delray Storage, located within the City's future annexation area is requesting a change from County Residential MR-5 to CH (Community High Intensity). Ms. Dominguez noted that the proposed change in land use is inconsistent with the City's designation of Transitional and Rural Residential. At its meeting of April 18th, the Planning and Zoning Board recommended denial of the proposed amendment. Dr. Alperin moved for the denial of Petition 93-99 by the Board of County Commissioners, 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,E. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA 9,F, CHANGE ORDER NO, 3/AMERICAN LIGHTING & MAINTENANcE, ~INC,~ '..Approve Change Order No. 3.in.the add amount of.$3,597.95 for the installation of 227 irrigation heads within swale areas of the Swinton Avenue Beautification Project, with funding from the Decade of Excellence Fund (Account No. 228-4141-572-61.48). Mrs. Smith moved for approval of Change No. 3 for American Lighting and Maintenance, Inc. in the amount of $3,597.94, and directed the City Attorney's Office to draft an ordinance to include a charge on the water bills, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: -8- 4/19/94 Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth- Yes; Mr. ...Randolph - YeS; .Mayor Lynch '- No. Said motion passed with a 4 to 1 vote. Prior to roll call Mayor Lynch stated that he agreed with the concept in principle; however, he re-expressed disappointment that the property owners were not willing to cooperate and now are being forced to pay. ~,G. CHANGE ORDER NO. 4/AMERICAN LIGHTING & MAINTENANCE~ INC..- Approve Change Order No. 4 in the contract decrease amount of $871.50 to American Lighting & Maintenance, Inc., Decade of Excellence - Swinton Avenue Beautification (Account No. 228-4141-572-61.48). Mayor Lynch expressed concern of the cumulative amount of change orders. The City Manager explained that funding was not available at the time in order to proceed with all the change orders; however, since the project has progressed staff has been able to find other funding sources. Mr. Ellingsworth moved for approval of Change Order N©. 4 for American Lighting & Maintenance, Inc. in the decrease amount of $871.50, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9,H. CHANGE ORDER NO. 5~AMERICAN LIGHTING & MAINTENANCE. INC.: Approve Change Order No. 5 in the add amount of 815,657.00 and increase in the contract time of 30 calendar days, to American Lighting & Maintenance, Inc. for the construction of 21 concrete driveways on North Swinton Avenue. Funding source in the amount of $6,000 is from the Decade of Excellence - Phase I (Account No. 225-4141-572-61.48), and $9,657 from the Decade of Excellence Swinton Avenue Beautification (Account No. 228-4141-572-61.48). Mr. Ellingsworth moved for approval of Change Order No. 5 for American Lighting & Maintenance, Inc. in the add amount of $15,657,00, ' 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.I. CHANGE ORDER NO. 6/AMERICAN LIGHTING & MAINTENANCE. INC.: Approve Change Order No. 6 in the amount of $68,950.25 to American Lighting & Maintenance, Inc. contract for the construction of Pioneer Park as part of the Swinton Avenue Beautification Project. Funding is available from several sources which include 228-3162-541-61.90, 441-5161-536-63.20, and 115-0000-248-68.00. This will require a budget transfer in the -9- 4/19/94 amount of $15,000 from Capital - Other Improvements (Account No. 441-5161-536-63.90) to Capital - Landscape/~ Beautification (Account No. 441-5161-536-63.20). Mr. Randolph moved for approval of Change Order No. 6 for American Lighting & Maintenance, Inc. in the amount of $68,950.25, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No. Said motion passed with a 3 to 2 vote. 9.J. ~pPQINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a member to the Code Enforcement Board - Architect, to a term ending January 14, 1995. Mayor Lynch announced that Susan Gracey, Architect, resigned from the Code Enforcement Board on April 1st. He commended Ms. Gracey on her service to the City. Mrs. Smith moved to appoint Athalone Brailford, Architect, to the Code Enforcement Board to a term ending January 14, 1995, 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. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9,K. APPQINTMENT TQ THE PARKING MANAGEMENT TEAM: Approve Anne Bright as the Downtown Development Authority's representative on the Parking Management Team. Mayor Lynch stated that the appointment will fill the vacancy of Alan Armour, DDA, who has recently resigned. He further stated that the Downtown Development Authority and the Community Redevelopment Agency recommend the appointment of Anne Bright. Mrs. Smith moved to appoint Anne Bright to the Parking Management Team, 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. At this-point the .Commission moved .Item 9.M. and Item 10.A. forward on the Agenda. 9.M. REOUEST PUBLIC INFORMATION ¢0MPUT~R~'NETWQRK/FREDDA .... ~ Consider establishment of a Public Information computer network connecting City, Chamber of Commerce, Community Redevelopment Agency and other City service clubs. The City Manager stated that he and members of staff have met with Ms. Weinberg and expressed concern of the amount of staff and resources which may be required. The proposal is for the City to prepare a proclamation and/or endorsement recognizing -10- 4/19/94 Ms. Weinberg's work on the project. Although he felt this ~recognition could ~be accommodated in letter form, the City Manager explained that he had made some modifications to her draft. It is permissible to proceed with her request. However, the understanding is that, should there be a substantial amount of staff time involved, staff will have to back-off the project and perhaps do it at a later date. Concern was expressed by Dr. Alperin that Ms. Weinberg has requested permission to have access to the City's AS/400 computer software. He questioned if this on-line data is retrievable information only or could it expose the system to possible tampering. Fredda Weinberg, 15334 Lakes of Delray Boulevard, Computer Consultant, responded that there will be no direct access to the AS/400. Via their computer they will process requests for information and will not be entering data. She explained that the first phase of the project will be just retrieving information and then developing the data base. Further, when everyone is satisfied with the operation, anyone, with the exception of International Trade Systems, will be accessing the City's computer system. For clarification purposes, Mayor Lynch asked Ms. Weinberg why she was asking for the City's credibility in order to sell advertising and suggested that perhaps it would be better to have official backing by the City in letter form rather than a proclamation. Ms. Weinberg responded that this was the reason for her request. Mr. Ellingsworth asked if there was any cost involved on the part of the City. The City Manager stated that the City has only given Ms. Weinberg obsolete equipment which had been replaced by other software applications and is no longer suitable for use. He noted that there has not been any additional costs involved and did not anticipate any. Mr.-Randolph felt that it is a good project but had some reservations regarding potential future requests by other ~,agencies ..and~or individuals to .access .retrievable ~information from the City's AS/400. The City Manager stated that he shared Dr. Alperin's caution regarding direct on-line access to data; also, that Mr. Randolph has raised a valid question. He noted that the information which is requested is basic public information. Should any future requests be received, each request will have to be considered individually. Conceivably, the City could reach a point to deny anyone direct access to the City's computer system. -11- 4/19/94 Ms. Weinberg stated that at the moment they will not be dialing into the City's computer system and requested that MIS staff install data onto her system any information which she might need. She emphasized that MIS staff will be providing the security and that they will only allow access to public information. Mayor Lynch expressed concern of the possibility that an individual could place a virus into the City's computer system. Ms. Weinberg responded that she knew how to put viruses into a system and emphasized that she had the knowledge to "close the door" to such a potential virus and that she did not want to voice any additional information in public. It was emphasized by the City Manager that staff be extremely cautious and that any request for direct access will be brought before the Commission for consideration. Further, that MIS staff will be monitoring the files, probably on a weekly basis. Mayor Lynch felt that the project would be beneficial, but he did not want to mislead this individual. He warned that he would be opposed to any future requests for direct access. Ms. Weinberg interjected that she had requested that the City appoint a trustee and that she be monitored. She pointed out that her request was presented in the back-up material which was provided for the Commission. It was emphasized by the City Attorney that this is just an experiment which could be terminated at any time since there is no contract which outlines the parameters of the proposal. Although the City has an official logo, it could be used by Ms. Weinberg to a certain extent. After brief discussion, it was the consensus of the Commission to have the City Attorney prepare a contract outlining the parameters of the proposal and the use of the City's logo. Mrs. Smith,moved that the City-accept the. request~for public information,computer network subject to all the conditions · ~as-.~'~stated,.'. seconded by ~Mr- Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 9,N, THIS ADDENDUM ITEM WAS MOVED UP ON THE REGULAR AGENDA AS ITEM NO, 9.C.1. -12- 4/19/94 At this point, the time being 7:00.P.M., the Commission moved to the duly advertised Public Hearing..portion of the agenda. 10, Public Hearings: 10,A, SALE OF CITY OWNED PROPERTY/EAST ATLANTIC PROPERTIES. LTD.: Authorize the City to sell to East Atlantic Properties, Ltd., City-owned property located at 137 N.W. 1st Avenue; i.e., the north 1 foot of the South 4 feet of Lot 2, Block 59. Prior to consideration of the approval of sale, a public hearing has been scheduled to be held at this time. The City Attorney stated that the request is for the City to quit-claim one foot of property to East Atlantic Properties, Ltd. 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. Ellingsworth moved for approval of the sale of City owned property to East Atlantic Properties, Ltd., 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. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearing~, ll.A. City Manager's response to prior commp~%~ ~ inquiries. The City Manager stated that he was not yet ready to respond to prior comments and that he would do so at the next regular meeting. ll.B. From the Public. ll,B,1, Sandra Almy, representing the Beach Property Owners' .Association, expressed concern regarding time limitations for building permits. She noted that code requires property owners ,~to ~maintain their 'property ~with. certain..standards; however, ~at present there are no such restrictions for construction sites that apparently can go on for indefinite periods. Ms. Almy suggested that there should be a provision in the code to expedite the building process, pointing out that there are occasions where a structure stands idle for many months and just before the permit is about to expire, there is activity at the site and then the situation is repeated. She referred to a particular home in the beach area which has been under construction for approximately three years. On behalf of the -13- 4/19/94 Beach Property Owners' Association, Ms. Almy requested that the City direct staff to check into this matter. Ms. .Almy also requested that the City consider addressing the issue of residential redevelopment, particularly redevelopment in older neighborhoods. She noted that there seems to be a trend whereby individuals purchase property (especially waterfront property), demolish the existing dwelling and then build a structure which is oftentimes completely out of character with the existing neighborhood. Although it is necessary to protect the rights of property owners, she emphasized that current residents also have a right to have their neighborhoods protected. Ms. Almy noted that the Planning and Zoning Board had recently conducted a survey of non-conforming uses within the City and suggested that a similar study be conducted on this issue. She reported that Gulf Stream has been researching this matter and perhaps the City could receive some input that would be beneficial. The City Manager advised that the City of Winter Park has had approximately five years of experience regarding residential redevelopment and that there are various alternatives to address and to monitor redevelopment in residential neighborhoods. Upon discussion, it was the consensus of the Commission to direct the Planning and Zoning Board to review the matter of redevelopment in residential neighborhoods and to return to the Commission with a recommendation. ll.B.2. Alice Finst, 707 Place Tavant, thanked the Commission for modifying tonight's agenda to allow for public comments prior to beginning the quasi-judicial proceeding. Ms. Finst noted that the quasi-judicial proceedings are usually lengthy and suggested that in the future they be placed at the end of a Commission agenda or perhaps an alternative solution could be considered, such as holding special meetings for that purpose. 12. First Readings: 12.A, ORDINANCE NO. 23-94: LDR amendment creating Section '2.4.5(M) Special Uses Regarding Non-conforming Uses. If passed Public Hearing will beheld on May 3, 1994. The City Manager presented Ordinance No, 23-94. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION (M), "ESTABLISHMENT OF A SPECIAL USE"; AMENDING -14- 4/19/94 SECTION 2.4.2(B)(1)(e) TO PROVIDE NOTICE REQUIREMENTS FOR SPECIAL USES; AMENDING SECTION 2.4.3(K)(1)(i) TO PROVIDE FEES FOR SPECIAL USE APPLICATIONS; AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION 1.3.1, "PURPOSE", TO PROVIDE FOR EXCEPTIONS ESTABLISHED BY THE ENACTMENT OF SECTION 2.4.5(M); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. Diane Dominguez, Planning Director, reported that at its meeting last night the Planning and Zoning Board recommended approval of the text amendments relating to nonconforming uses. She pointed out that at that meeting Mrs. Wachtel, owner of a mini-warehouse structure, had addressed the Board and felt that the process was cumbersome and would not suit her particular situation. The Planning and Zoning Board also recommended that the application fee be reduced. Dr. Alperin inquired as to Item (6), Section I, regard- ing the Transfer of Special Use Approval as follows: "the special use must be established within 180 days of the date of discontin- uance by the previous occupant" The City Attorney explained that there is a provision in the code whereas a nonconforming use can be abandoned within 180 days if the same kind of use is reestablished with less intensity. The City Manager felt that the last sentence of subsec- tion (6), was redundant with subsection (7) (as referenced previ- ously by Dr. Alperin). After lengthy review, it was the consensus of the Commission to remove the last sentence in Item (6) and insert it as the first sentence in Item (7). Mrs. Smith moved for the adoption of Ordinance No. 23-94 as amended on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as ~follows: ~ Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. ~.~Ellingsworth - Yes. Said motion passed with a 3 to 2 vote. Prior to roll call Dr. Alperin expressed concern that although the change could be beneficial to some individuals, it may possibly result in problems sometime in the future. 12.B. ORDINANCE NO. 24-94; LDR Amendment regarding noncon- forming uses, amending Section 1.3.4 (Repair and Maintenance). If passed Public Hearing will be held on May 3, 1994. -15- 4/19/94 The City Manager presented Ordinance No. 24-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION 1.3.6, "REPAIRS AND MAINTENANCE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT REPAIR WORK DONE ON ANY NONCONFORMING STRUCTURE OR ON A STRUCTURE CONTAINING A NONCONFORMING USE SHALL NOT EXCEED 25% OF THE CURRENT REPLACEMENT COST OF THE STRUCTURE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. Discussion was had regarding whether or not to amend the Land Use Regulations to increase the maximum amount to be expended on repairs to nonconforming structures from 10% and the time limitation for conformity. The City Manager emphasized that there is a ~need itc bring nonconforming structures into compliance as soon as. possi- ble. After discussion, the Planning Director suggested that the proposed text amendment be redrafted and suggested that Section 1.3.6(A) be amended to reflect that ordinary repairs should not exceed a maximum limitation of 10%; and, that improve- ments to the exterior, or to the facade, should be limited to 25%. Dr. Alperin moved for denial of Ordinance No. 24-94 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. 12.C. ORDINANCE NO. 25-94: An ordinance permitting the City to prequalify bidders for construction projects. If passed Public.Hearing on May 3, 1994. The City-Manager presented Ordinance No. 25-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.06, "COMPETENCY IN BIDDING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING THE HEADING OF 36.06 AND BY ENACTING 36.06(B) TO PROVIDE FOR THE PREQUALIFICATION OF -16- 4/19/94 ~ BIDDERS. PROVIDING A GENERAL REPEALER ~ CLAUSE;· A SAVING CLAUSE;~ AND .AND EFFECTIVE DATE. . The City Attorney read the caption of the Ordinance. The Commission discussed the issue of the criteria to be used and the types of questions which should be asked of the low bidder and/or included on the "Bidder Prequalification Form" Dr. Alperin suggested that staff ask former City Com- missioner Armand Mouw or other contractors known to the City to review the questionnaire form and offer their input. Dr. Alperin moved for the adoption of Ordinance No. 25-94 on First Reading, seconded by Mr. Ellingsworth. 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. At this point the Commission returned to Item 9.L., Regular Agenda. ~,L. FINAL PLAT/HANCOCK SUBDIVISION: Consider approval of: the final plat for the Hancock Subdivision, a proposed ~two 'lot subdivision located at 622 North Ocean Boulevard (State Road A1A), pursuant to LDR Section 2.4.5(K), Minor Subdivisions. The City Commission considered the final plat for the Hancock Subdivision at its Special Meeting of April 5th at which time the Commission recommended to postpone the item to enable the opposing attorneys a chance to view each other's exhibits. The Commission recommended postponement with the understanding that the legal representatives make available all documents and exhibits one week prior to the rescheduled meeting. The attorney representing the applicant, Mr. Roger Saberson, was allowed to continue his case to this rescheduled meeting. The opposing attorneys are then allowed the opportunity to present their case, including those individuals who will be testifying on their behalf. The City'Attorney announced that the Commission will proceed with the procedures for Quasi-Judicial Hearings and that ~the City Clerk will'swear in all witnesses who will be testifying on this issue. Mr. Saberson reported that all three attorneys repre- senting their respective clients have entered into a stipulation regarding certain items pertaining to the transcript from the Commission's last meeting on this issue in the hope of abbreviat- ing some of the presentations which would have been necessary. He stated that he wished the following to be clarified for the record: that the transcript of the April 5th meeting references -17- 4/19/94 to "exhibits"refer to "Petitioner's Exhibits"; that the interior ~of.-the Wilson Fontaine.Foxe home was~not~.historically~designated by the Historic Preservation Board or by any other City~ board; and, that the location of the respective properties are stipulat- ed in Exhibit 10(A). A newly certified copy of Petitioner's' Exhibit is being submitted as Exhibit 55, which is the Cusson's stipulation with the Property Appraiser's Office. He explained that the reason for this substitution which is agreed to by all concerned parties, is that the folio number on the original exhibit was not clear. Mr. Saberson stated that he would like to make this submittal as Exhibit 62 for the record. (This was agreed to by the City Attorney and the two opposing attorneys). Mr. Saberson called the following individuals as wit- nesses for his case: Ke~ Weiqand. Land Surveyor, testified for Petitioner's Exhibit (2). Robert Barron. Coastal Dune Restoration Consultant and Landscape Installer, testified for Petitioner's Exhibits 48 and 10(B). Chsrles E. Toth, Architect, testified that ~in his professional opinion a single family home could be designed .,and constructed in compliance with the R-l-AAA zoning district re- quirements. Robert Banting. Real Estate Appraiser, testified that a residential structure could be constructed on the property con- sisting of approximately 5,000 square feet and that it could support a home appraised at a value of $725,000. Dr. Peter G. Merritt, Regional Ecologist, testified for Exhibits 17 and 18. Stan Redick. Professional Planner, clarified language in his affidavit which was submitted on April 5th and read same into the record. Mr. Redick testified for Exhibit 57, as amend- ed. There being no further comments from the floor, this .concluded Mr. Saberson's presentation. MiGhael ~Weinsr~ 'Attorney' representing Mr. Paul Cusson, property owner, presented his opening statement reiterating the reason for his client's grievance. Paul Cusson, owner of property located at 702 North Ocean, emphasized the historic value of his property and empha- sized that it is a great responsibility for every citizen to try to preserve the natural preservation of the dunes. -18- 4/19/94 Mr. Weiner presented a lengthy presentation and submit- ted.aerial' photographs'that.were taken in January, .1994 which showed the access to the beach as being worn. He felt that the opposing attorney has spent a lot of the City's time in present- ing experts for his case and emphasized that the reason this item is before the Commission is that they must take action on Land Development Regulations, Section 4.3.1. Michael Avron, Professional Land Surveyor, stated he had prepared a topographic survey and presented technical aspects of elevations. Dr, M~nley Boss, Florida Atlantic University, stated that he is an expert in environmental consulting and emphasized nothing on the beach is permanent, that vegetation and dune restoration will periodically be taken by the ocean. Mr. Weiner asked that he be given an opportunity for a rebuttal, thus concluding his presentation. Steven Daniels. Attorney representing Mr. and Mrs. Eichelberger,~ 701 ~North Ocean Boulevard, concurred with comments previously expressed by Mr. Weiner. He pointed out that he was not able to attend the first meeting on this issue but has thor- oughly reviewed all submitted documents. He emphasized that the issue is not that of whether or not the lot is buildable but rather for the Commission to decide whether it is necessary and appropriate to create this non-conforming use. At this point Mr. Saberson cross examined the following witnesses: 1) Michael Avron (with respect to the topographic survey, who acknowledged that he does not have expertise in dune restoration); 2) Dr. Manley Boss (with respect to erosion along the beach and his recommendation of the exotic species of vegeta- tion which was platted as a hedge on the beach). Mr. Weiner cross-examined the following witness for his case: 1) Robert Barton (with respect to the Environmental Assess- ment and Due Restoration Plan which he prepared and confirmed that the Plan was developed to allow for the relocation of vege- tation with the presumption that a structure would be located on the lot). Mr. Daniels also cross-examined Mr. Barron relative to the newly proposed Coastal Construction Control Line. Mr. Weiner cross-examined the following individual: Diane Dominguez (with respect to the Planning and Zoning Staff Report and recommendation and policies of the Comprehensive Plan). All public testimony on this matter was officially closed. -19- 4/19/94 At this~point the~ Commission asked, questions of City .staff which they felt would be necessary and advantageous in trying to reach a decision on this issue. The three legal representatives then presented their closing arguments. Discussion ensued relative to postponing the item, however, Dr. Alperin disagreed because he felt that all the issues presented were fresh on the minds of the Commissioners. He suggested that the Commission exchange viewpoints before a decision could be made tonight. Mayor Lynch stated that the Commission has the follow- ing options to consider: 1) take action for or against the request tonight; 2) ask the two opposing attorneys to present their orders for what they would like to submit and to have the Commission, at a later date, choose what is appropriate; or, 3) postpone the item, without the attorneys orders and take action. After considerable deliberation, it was the consensus of the Commission that additional time was needed in order 'to review and exchange views regarding the various presentations made at both meetings before a final decision is made. The Commission directed each of the three (3) attorneys to prepare individual orders which they feel would be appropriate and that these documents be submitted to the City Attorney. 13. Comments and Inquiries on Non-Aqenda ~tem~, 13.A.1, Mayor Lynch reported that the Municipal League has submitted a request to the State to do away with quasi-judicial hearings as soon as possible, although it is unlikely that any- thing will be done until the next Legislative session. 13.B.2, Commissioner Smith stated that she would like to see the Silver Terrace project moved forward on the prioritized listing for Five-Year Capital Improvements. Mayor Lynch noted that the Community Redevelopment Agency Bill had been passed by the State Legislature and comment- ed that this could have a positive effect on the Silver Terrace project. The CRA Bill provides that a developer can enter into an agreement with the CRA before they go out and acquire the property. Mrs. Smith commended the Delray Merchants Association and brought special attention to the work of Clay Wideman. 13.A,3. Mr. Randolph had no comments. 13.A.4, Dr. Alperin inquired as to the status of the golf course clubhouse and if any figures have been received for its potential cost. He commented that the last figure seen by the -20- 4/19/94 Commission was somewhat over the agreed-upon budget ($2 to $2.2 million, including architectural fees) and. noted that the last time that happened, the Commission decided to go with the second low bidder. He stated that if we are going to have the same problem with the second low bidder, then perhaps we should be looking at the third low bidder. The City Manager responded that the architect is now in the process of preparing detailed cost estimates and those esti- mates are expected sometime during the next week. Mayor Lynch interjected that he recently had spoken to an individual who is looking to purchase property on North Feder- al Highway for a catering facility which will seat between 300 to 400 persons. Based on that information and the Commission's position that a banquet facility is needed in Delray, there may be one coming. With respect to the golf course clubhouse, the Commission asked for a specific budget of around $2 million as well as a specific time frame so that construction would not disrupt operations during the seasonal high income period. From what he is hearing, it now appears we won't be able to meet either criteria and this is of concern to him. Dr. Alperin stated that it is already too late to save next season and he would prefer to put off construction until next year's summer months. Of immediate concern to him is that it seems we are treating the second low bidder differently than we did the first. He emphasized that the Commission had been very specific with all of the architects about the budget for the project being all inclusive. Discussion ensued regarding the selection process and the dialogue from previous discussions relative to cost esti- mates, scope of services, prior direction, etc. The City Manager stated that he felt this discussion was premature. Regardless of what numbers the architect has, staff understands that the Commission wants the project to come in at $2.2 million or less, and will do whatever can be done to bring it in at that figure. If that can't be done, then it would be brought to the Commission for a decision on how to proceed. Mayor' Lynch commented that he is nearly ready to shelve the project for a year or so and wait to see what happens. If someone else decides to come into the City with a banquet facili- ty, he would be in favor of scaling down the golf course project to a much smaller operation. 13.A.5. Mr. Ellingsworth stated that he had recently attended a meeting in Boynton Beach with the Florida Department of Transpor- tation concerning the reconfiguration of U.S. #1 from George Bush Boulevard (N.E. 8th Street) all the way up through Boynton. They will be working on the medians, turn lanes, installing a 4 foot bicycle path, and widening the sidewalks. He suggested that if -21- 4/19/94 the Commission or City staff has any input on this project, that comments be relayed to the City Manager so there can be some expression from Delray Beach if necessary. 13.B. The City Attorney did not have any comments. 13.C. The City Manager reported that the County Commission today approved the money for the additional seating at the tennis stadium. An Interlocal Agreement to formalize the money and the process will be forthcoming. On question from Commissioner Smith, the City Manager stated that the City will have to negotiate a buyout of the existing contract for the temporary seating. Mayor Lynch declared the meeting adjourned at 10:30 P.M. 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 19, 1994, which minutes were formally approved and adopted by the City Commission on V~l /7. /qqq. / ' cit y cier 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. -22- 4/19/94