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07-05-94 JULY 5, 1994 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jay Alperin in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, July 5, 1994. Roll call showed: Present - Vice-Mayor Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph (Arrived 6:08 pm) Commissioner Barbara Smith 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 Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Vice-Mayor Alperin requested that Item No. 9.J., (Reso- lution No. 59-94 - Supporting the Roots Cultural Festival), be moved to the beginning of the Regular Agenda as Item No. 9.A.A. Mr. Ellingsworth moved approval of the agenda, as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved approval of the minutes of the Special Meeting of June 14, 1994 and the Regular Meeting of June 21, 1994, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.A. Vice-Mayor Alperin read and presented a proclamation proclaiming the Month of July, 1994, as "Parks and Recreation Month". Joe Dragon, Assistant Director of Parks and Recreation, came forward to accept the proclamation. 6.B. Vice-Mayor Alperin read and presented a proclamation proclaiming the period of August 15 through 19, 1994, as "Florida Water and Pollution Control Operators Week" Dick Hasko, Deputy Director of Public Utilities, came forward to accept the procla- mation. 7. Presentations: 7.A. Vice-Mayor Alperin read a letter from the Government Finance Officers Association (GFOA) presenting an award and recognizing the City of Delray Beach for significant achievement in governmental budgeting. Joe Safford, Finance Director, announced that he would like to especially recognize Linda Turnage, the budget officer within his department. 7.B. Preliminary Landscape Design - West Atlantic Beautification - Cotleur Hearing Inc., Landscape Architectural Consultants. Rob Cotleur, representing Cotleur Hearing, Inc., gave an overview of the preliminary design for the West Atlantic Avenue Beautification, describing the plantings that will be used in the various medians. He also touched on the variances to be obtained from FDOT. Upon question as to time frames, Nancy Davila, City Horticulturist, responded that completion of the roadwork is expected about the middle of November and the beautification will begin immediately. Mr. Cotleur stated the beautification will be completed within two to three months. Ms. Davila commented if the Commission would prefer to commence the landscaping at a later time, that can be arranged. Mrs. Smith questioned when the variances can be expect- ed from FDOT, to which Mr. Cotleur advised the letter is ready to be submitted and his estimate would be within thirty (30) days. Ms. Davila commented that the Parks and Recreation Department has a very sophisticated irrigation system in the City wherein they have the capability to control this from the Parks and Recreation office. This system will be continued to make sure that the system being installed will be compatible with the existing system. The consensus of the Commission was to direct Cotleur Hearing, Inc. to commence the project in August of 1994, at which time they will be returning to the Commission with variances, etc. in hand for further consideration. 8. Consent Agenda: City Manager recommends approval. 2 7/5/94 The following items were considered by the Commission as the Consent Agenda: 8.A. RESOLUTION NO. 41-94: Approve a resolution abandoning a 10 foot sanitary sewer easement within the Plat of Simmons Cay, located on the west side of North Ocean Boulevard, between Thomas Street and Vista Del Mar Drive. The caption of Resolution No. 41-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN (10) FOOT SANITARY SEWER EASEMENT LYING WITHIN THE PLAT OF SIMMONS CAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 69, PAGE 100, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 41-94 is on file in the offi- cial Resolution Book) 8.B. RESOLUTION NO. 48-94: Approve a resolution assessing costs for abatement action required to remove nuisances on five properties throughout the City. The caption of Resolution No. 48-94 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. 48-94 is on file in the offi- cial Resolution Book) 8.C. RESOLUTION NO. 56-94: Approve a resolution assessing costs for abatement action required to remove abandoned vehicles from three properties within the City. The caption of Resolution No. 56-94 is as follows: 3 7/5/94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 56-94 is on file in the offi- cial Resolution Book) 8.D. RESOLUTION NO. 57-94: Approve a resolution assessing costs for abatement action required to remove an unsafe structure on property located at 1015 Mango Drive. The caption of Resolution No. 57-94 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. 57-94 is on file in the offi- cial Resolution Book) 8.E. RESOLUTION NO. 50-94: Approve a resolution assessing costs for abatement action required to demolish an unsafe build- ing on property located at 31 N.W. 7th Avenue. The caption of Resolution No. 50-94 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 4 71519~ 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. 50-94 is on file in the offi- cial Resolution Book) 8.F. RESOLUTION NO. 51-94: Approve a resolution to allow participation in the County Pro-Rata Grants Program, with a request of $3,400 of the non-matching funds to purchase two electronic blood pressure units (Oscillomate 9000 B/P). The caption of Resolution No. 51-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDI- CAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. (Copy of Resolution No. 51-94 is on file in the offi- cial Resolution Book) 8.G. RESOLUTION NO. 53-94: Approve a resolution authorizing the purchase of a 0.17 acre vacant parcel of land on N.W. 4th Avenue from Patricia Ann Nelson, as Seller, for the appraised value of $7,500.00, for the purpose of providing affordable housing opportunities. The caption of Resolution No. 53-94 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 SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 53-94 is on file in the offi- cial Resolution Book) 8.H. RESOLUTION NO. 54-94: Approve a resolution authorizing -5- 715194 the purchase of a 0.15 acre vacant parcel of land on N.W. 4th Avenue from Althamese Smith, as Seller, for the appraised value of $8,000.00, for the purpose of providing affordable housing opportunities. The caption of Resolution No. 54-94 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 SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 54-94 is on file in the offi- cial Resolution Book) 8.I. RESOLUTION NO. 55-94: Approve a resolution authorizing eminent domain proceedings for the acquisition of a 12 foot ease- ment for a sewer line to service Fire Station No. 3, located on the north side of Linton Boulevard - west of S.W. 4th Avenue. The caption of Resolution No. 55-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF A UTILITY EASEMENT ON AND OVER CERTAIN REAL PROPERTY, AS MORE PARTICU- LARLY DESCRIBED HEREIN, FOR THE PUBLIC PUR- POSE OF INSTALLING AND MAINTAINING A SIX INCH UNDERGROUND SANITARY SEWER LINE FOR SERVICE TO FIRE STATION NO. 3; FINDING THAT THE ACQUISITION OF SAID EASEMENT IS REASONABLY NECESSARY FOR THE CONSTRUCTION AND MAINTE- NANCE OF THE SANITARY SEWER LINE; PROVIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHOR- IZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS AND 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. 55-94 is on file in the offi- cial Resolution Book) 8.J. LANDSCAPE WAIVERS/CONGRESS PLAZA: Approve waivers to the landscape requirements of LDR Section 4.6.16(H) (3) (d) and Section 4.6.16(H) (3) (j) for Congress Plaza, an existing industri- al building located at 101 S. Congress Avenue. 6 7/5/94 8.K. CONTRACT RENEWAL/UNIVERSAL BEACH SERVICE CORP.: Approve renewal of the contract with Universal Beach Service Corp. for beach cleaning services. The three year renewal period will commence October 1, 1994, with base compensation of $63,860 per year for each of the next three years. 8.L. FIRE RESCUE TRAINING AGREEMENT/ARBORS ASSOCIATES, LTD.: Approve agreement with Arbors Associates Ltd. for Fire Rescue training exercises to be held on their property at 1625 South Congress Avenue. 8.M. ROAD CONSTRUCTION AGREEMENT/GROVES OF DELRAY, LTD.: Approve an agreement with the Groves of Delray, Ltd. relative to the construction of the southern portion of S.W. 10th Avenue from just north of Linton Boulevard to the entrance of the Groves development. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - Community Development Block Grant - Four Housing Rehabilitation Grant Awards and Contract Awards, bringing the four homes to minimum code re- quirements, with funding from Housing Rehabilitation (Account No. 118-1963- 554-49.19). 2. Computer Support for Police Department/Computer Dis- patch and Modifications - A.L. Roark & Associates, Inc. (sole source vendor) at an estimated total cost of $11,047.50, with funding from Support - Equipment Maintenance (Account No. 001-2113-521-46.20). Mr. Ellingsworth moved approval of the Consent Agenda, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9. Regular Agenda: 9.A.A. (9.J.) RESOLUTION NO. 59-94: A resolution supporting the Roots Cultural Festival, Inc., in their efforts to sponsor the 17th Annual "Roots Cultural Festival" in the City of Delray Beach July 10 through August 14, 1994. The City Manager presented Resolution No. 59-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE SEVENTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. -v- 715194 Vice-Mayor Alperin stated this item is a request for a $2,000 donation, the use of the stage and a waiver of fees, permission to display the "Roots" flag, a tent permit and utili- zation of Pompey Park facilities. He requested information regarding Police overtime pay, to which the City Manager advised that the Commission had voted last year to no longer permit the overtime pay; the sponsors would be expected to fund it, to which they agreed. However, it is understood that the City will do everything it can, in scheduling, to minimize the overtime costs. Mr. Ellingsworth moved for the adoption of Resolution No. 59-94, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Vice- Mayor Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mrs. Smith moved to include approval of the $2,000 funding request and all items on the support list, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period June 20 through July 1, 1994. Mr. Ellingsworth moved to receive and file this report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.B. CONDITIONAL USE APPROVAL/REAL STONE AND GRANITE: Consider a request for conditional use approval for Real Stone and Granite to allow the establishment of a monument and ornamen- tal stone cutting facility within an existing industrial struc- ture. The subject property is zoned I (Industrial) District and is located north of S.W. 10th Street on the west side of S.W. 15th Avenue. Planning and Zoning Board unanimously recommends approval, with a vote of 7 to 0. Diane Dominguez, Planning Director, stated this is a request for a conditional use to allow the use of an existing industrial building, in an industrial zoning district, for the cutting and processing of granite and other types of stone to make custom counter tops, flooring, etc.. Ail the work will be carried on inside the building. Mr. Ellingsworth moved approval of the request, subject to conditions as outlined by the Planning and Zoning Board, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -8- 7/5/94 - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.C. OBJECTION TO RECOMMENDATIONS OF THE COUNTY LAND USE ADVISORY BOARD (LUAB)/FUTURE LAND USE MAP AMENDMENTS IN THE CITY'S PLANNING AREAS: Consider objecting to recommendations made by the County's LUAB regarding proposed amendments to the County's Future Land Use Map for five properties located within the City's planning area. Planning and Zoning Board requests that the City Commission register a formal objection to the recommendations. Ms. Dominguez stated that a joint meeting between the City's Planning and Zoning Board and the County's Land Use Advi- sory Board was held on June 13, 1994, for the purpose of trying to achieve some consistency between City and County land use designations for properties which are currently under the Coun- ty's jurisdiction, but located within the City's future plan- ning/annexation areas. It is hoped that, should our efforts enable these designations to be similar enough, it might be possible to enter into an interlocal agreement with the County when the time comes for annexation into the City. This will eliminate the necessity of going through another Future Land Use Amendment, expediting the entire process. Mr. Randolph moved to register a formal objection with the Board of County Commissioners relative to five recommenda- tions made by the County's Land Use Advisory Board regarding proposed amendments to the County's Future Land Use Map, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith Yes. Said motion passed with a 4 to 0 vote. 9.D. WATERFORD IMPACT FEE RETURN/SW 10th AVENUE & SW 10th STREET: Consider a request from the attorney for Waterford DRI and Builders Square for refund of $278,000.00 which the City is holding as a guarantee for road improvements to SoW. 10th Avenue and S.Wo 10th Street. The City Attorney stated this is a request from Waterford DRI and Builders Square to refund the $278,000 the City is holding as a guarantee for road improvements to S.W. 10th Avenue/S.W. 10th Street. This money was paid to the City by the developer as a "guarantee" in the event the County did not choose to fund the amount from County road impact fees. The County has approved an agreement with the City to pay the City up to $278,000 from road impact fees to make the improvements, so the developer is seeking a release of the guarantee funds. It is before the Commission because a condition on the Waterford ap- proval indicated that the City would return the money when pay- ment was received from the County. However, the City does not anticipate receiving those impact fees all at one time. They -9- 7/5/94 will be invoiced for specific amounts as the City physically widens the road. Mrs. Smith moved to return the $278,000 to the develop- er. Motion died for lack of a second. Mr. Randolph moved to reject the request, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - No; Vice-Mayor Alperin - Yes. Said motion passed with a 3 to 1 vote. 9.E. AMENDMENT NO. 2 TO RAMBLIN' ROSE LICENSE AGREEMENT: Consider an amendment to the license agreement with Ramblin' Rose Riverboat, Inc. to permit food and beverage service while docked during special events and to allow for service while docked in the event of mechanical failure, bridge failure, or inclement weather. The City Manager commented that complaints have been received from residents of Barr Terrace Condominium on occasions when the Ramblin' Rose has remained dockside longer than the allowed time under the existing license agreement. In most instances this has been due to a problem with the boat, bridge, weather or conditions beyond the control of the Captain. Mrs. Smith noted that the complaints she has heard concerned the noise from the calliope while docked. Mr. Randolph questioned Dane Mark, Captain of the Ramblin' Rose, if there is some way the noise generated by the calliope can be altered or reduced. Captain Mark responded that the calliope is not usually used; it was used as an attention- getter during the Delray Affair because of the huge crowds and the erection of tents that obscured the view of the Ramblin' Rose. He further added that he did inform the City Manager prior to the event, at which time he planned to run one-hour trips instead of the usual four-hour trips. He indicated that he just wants to be a part of the special events taking place in the City. Vice-Mayor Alperin asked the Commission members if they would entertain public input tonight or would they prefer to schedule a time certain when the residents could voice their opinions. Mrs. Smith moved to postpone this item to the Workshop scheduled for July 12, 1994, as a Special Meeting/Public Hearing item, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Vice- Mayor Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 1 vote. -zo- ?/5/94 Before roll call Vice-Mayor Alperin commented that, at the time this was originally placed in Veterans Park, he suggest- ed this be housed on the south side of the bridge where it is zoned commercial. In his opinion, this is a use of public prop- erty being used for private commercial purposes as long as the bar and restaurant remains stationary at that site. Captain Mark remarked that he would also like to dis- cuss the sewer line that he had requested in 1991. The City Attorney advised that the contract calls for negotiation regard- ing the sewage disposal. The City Manager commented that this has been discussed a number of times. There seems to be some controversy about who should pay the cost of extending a line from a manhole or sewer line to the point where the boat can discharge into it. It is his feeling that the Ramblin' Rose should pay that cost. The City Attorney offered to continue discussions and negotiations about some of the issues raised by the Commission tonight, including the sewage issue in an attempt to reach some sort of agreement prior to the meeting scheduled for next week. The Commission concurred. At this point, the time being 7:10 P.M., the Commission moved to the duly-advertised Public Hearings portion of the Agenda. 10. Public Hearings: 10.A. ORDINANCE NO. 21-94: An ordinance annexing a 1.57 acre parcel (The Boys Farmers Market at 14378 Military Trail), small scale land use map amendment to affix official designation of GC (General Commercial), and establishing initial zoning of GC (General Commercial) District. Planning and Zoning Board recom- mends approval (6 to 0 vote). 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. 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 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 7/5/94 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. (Copy of Ordinance No. 21-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally adver- tised 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. Mrs. Smith moved for the adoption of Ordinance No. 21-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 4 to 0 vote. 10.B. REQUEST FOR WAIVER/GROVES OF DELRAY, LTD. Consider a request from Groves of Delray, Ltd. for a waiver to the provi- sions of Section 5.3.2(C) (1) of the Land Development Regulations to reduce the number of units in the Groves of Delray project which will be subject to the $500.00 per dwelling unit park and recreation impact fee. Staff recommends denial. Prior to con- sideration of this request, a Public Hearing has been scheduled to be held at this time. Tom Hinners, representing the Groves of Delray Joint Venture, stated he is present tonight with respect to a request to waive one-half of the Park and Recreation Impact Fees levied by the City of Delray. This is usually waived because the devel- oper is providing ample park and recreation facilities within the community for the affected residents. In this case, that is being done. In addition, there is a provision for a center that includes many varied facilities and is available to all low-in- come seniors residing in the general area. The Public Hearing was closed. The City Manager commented that he feels this would be setting a very dangerous precedent. Discussion followed with regard to Meals on Wheels, County participation, transportation and recreational activities. Mr. Randolph moved for denial of the request from Groves of Delray, Ltd. for a waiver of 50% of park and recreation impact fees, seconded by Mrs. Smith. Upon roll call the Commis- sion voted as follows: Vice-Mayor Alperin - Yes; Mr. -12- 7/5/94 Ellingsworth - No; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 3 to 1 vote. 10.C. ORDINANCE NO. 55-94: An ordinance amending Chapter 100, "Nuisances", Section 100.01, "Existence of Weeds, Trash, and Vegetation Upon Lands Prohibited", of the Code of Ordinances to prohibit the placement of pyramid-shaped or similar type markers within a public right-of-way. 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. 55-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 100.01, "EXIS- TENCE OF WEEDS, TRASH, AND VEGETATION UPON LANDS PROHIBITED" TO PROVIDE FOR THE PROHI- BITION OF THE P~ACEMENT OF PYRAMID-S~APED MARKERS OR OTHER SIMILAR TYPE MARKER WITHIN A PUBLIC RIGHT-OF-WAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 55-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. She also advised a letter from Mr. Bruce Frendahl has been re- ceived and should be made a part of the official record. (Note to Reader: A copy of said letter is attached hereto and becomes part of the permanent record of the minutes of this meeting.) A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mrs. McCracken, 204 Seabreeze Avenue, stated these markers have recently been placed in her area and she feels they are very unsightly. It is her understanding that as recently as last week the City of Boynton Beach passed a ruling making the pyramid markers illegal. She requested that the Commission give this serious consideration. The public hearing was closed. Mrs. Smith moved for the adoption of Ordinance No. 55-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. -13- 7/5/94 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. The City Manager stated that there were no items from the last meeting requiring a response. ll.B. From the Public. ll.B.1. Helen Coopersmith, 1222-D South Drive Way, stated she truly enjoyed the fireworks display in Delray last night. She commented that, while attending Expo '67, she witnessed the most wonderful fireworks and feels the reason it was so beautiful was because of the music of John Phillip Sousa that accompanied those fireworks. She suggested the City consider making this a part of the celebration next year when the City of Delray will be cele- brating their Centennial. ll.B.2. Jerry Marshall, Woodlake, commented that he had previ- ously suggested installing a turning lane coming off Homewood Boulevard onto Atlantic Avenue. The avenue is currently being worked on in that vicinity and he asked if it would be possible to have this turning lane installed now. The City Manager advised that the plans are to delay the installation of this turning lane until the road is widened and the traffic signal is re-timed. ll.B.3. Alice Finst, 707 Place Tavant, commended the City on the fireworks display and agreed with Ms. Coopersmith regarding the addition of music to coordinate with the fireworks. Ms. Finst stated upon leaving the fireworks display, they stopped to visit Veterans Park. The entrance to the park is overgrown and looks nasty, with some sort of demolition or con- struction taking place. She feels this is not in keeping with the image to be projected by an All America City. She further stated that the portion of the park that houses the sales office for the Ramblin' Rose and the lift station really could use some sprucing up. The City Manager responded that the area Ms. Finst is referring to is Phase II of the Veterans Park rehabilitation project and has already been designed and will be completed sometime this fall. 12. First Readings: 12.A. ORDINANCE NO. 56-94: An ordinance rezoning a 7.49 acre vacant parcel from MIC {Mixed Industrial and Commercial) District to CF (Community Facilities) District. The subject property is located at the northwest corner of Congress Avenue and N.W. 1st -14- 7/5/94 Street and is proposed to accommodate a satellite facility for the County's bus system. Planning and Zoning Board recommends approval (6 to 0 vote). The City Manager presented Ordinance No. 56-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND N.W. 1ST STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney announced that this is a zoning ordinance and there will be a Public Hearing at Second and FINAL Reading, meeting all the requirements of a Quasi-Judicial hear- ing. John Walker, Project Coordinator, stated this a seven and one-half (7 1/2) acre site on the west side of Congress Avenue, just north of Atlantic Avenue. The First Reading tonight is just the rezoning. If it should pass, a public hearing on the rezoning as well as the associated request for conditional use approval will be heard at the next Regular Meeting on July 19th. Mrs. Smith moved for the adoption of Ordinance No. 56-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mrs. Smith - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 1 vote. 12oB. ORDINANCE NO. 57-94 An ordinance amending the Advisory Future Land Use Map of the Comprehensive Plan by changing the land use designation of a 1.3 acre vacant parcel from Low Density Residential to Transitional. The subject property is located on the north side of Atlantic Avenue, at Hamlet Drive (extended) and is known as the DiMarzio property. Planning and Zoning Board recommends approval (6 to 0 vote). The City Manager presented Ordinance No. 57-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE ADVISORY FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL; SAID -15- 7/5/94 LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, AT HAMLET DRIVE (EXTENDED); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, 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. 57-94 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Vice- Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.F. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/IMPROVE- MENTS AT LINTON BOULEVARD & MILITARY TRAIL: Consider approval of an Interlocal Agreement with Palm Beach County for joint partici- pation in the improvements at Linton Boulevard and Military Trail. The City's total share of the cost is $241,285.00; with funding from 1993 W & S Bond - Morikami Park Wells (Account No. 440-5179-536-63.61) in the amount of $214,420; and from W & S Connection Fees - School Site S (Account No. 440-5181-536- 69.15) in the amount of $26,865, through budget transfer from W & S Im- provements-Mains (Account No. 441-5181-536-63.50). Mrs. Smith moved approval of the Interlocal Agreement with Palm Beach County, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.G. RESOLUTION NO. 52-94: Consider Resolution No. 52-94 opposing casino gambling in Florida. The City Manager presented Resolution No. 52-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN OPPOSITION TO CASINO TYPE GAMBLING IN THE STATE OF FLORIDA; PROVIDINGAN EFFECTIVE DATE. Mr. Ellingsworth moved for the adoption of Resolution No. 52-94, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.H. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES -16- 7/5/94 ANNUAL CONVENTION: Designate a voting delegate to the 68th Annual Convention of the Florida League of Cities to be held August 25-27, 1994, at Lake Buena Vista. Mr. Ellingsworth moved to nominate Mayor Lynch as a voting delegate to the 68th Annual Convention of the Florida League of Cities, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mrs. Smith - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.I. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a public member to the Police and Fire Board of Trustees, for a two year term ending June 30, 1996. The appointment will be made by Commissioner Randolph. Mr. Randolph moved to appoint Robert B. Lees, the incumbent, as a public member to the Police and Fire Board of Trustees to a two year term ending June 30, 1996, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Ellingsworth had no comments or inquiries. 13.A.2. Mr. Randolph announced that he will be present for the next regularly scheduled workshop meeting, but afterwards, will be on vacation until August 2nd. 13.A.3. Mrs. Smith complimented the decision of the Citizen's Patrol, the Citizen's Police Academy and the Citizen's on Patrol for volunteering to issue parking tickets. She feels this will not only free up some of the City's Police officers, but will help move traffic in the downtown area. Mrs. Smith stated the other evening she walked through the neighborhood with a group of participants of MAD DADS and she felt is was quite revealing. She would recommend that everyone who can should participate in such a walk to learn how MAD DADS is being received in the community and to become more aware of some of the situations they are faced with. Mrs. Smith commented that she visited the "Sand Sculp- ture" contest at the beach on Saturday and saw the Sand Wheel- chair. However, she did not see a sign to alert people to the fact that the chair is available. The City Manager replied that the sign is located just south of the main pavilion on Atlantic Avenue. -~7- 715194 Mrs. Smith advised Ms. Coopersmith that there will be music that is synchronized at the Centennial celebration next year; she will see to it. 13.A.4. Vice-Mayor Alperin had no comments or inquiries. 13.B. The City Attorney had no comments or inquiries. 13.C.1. The City Manager responded to a comment from Mr. Ellingsworth at the last meeting with regard to the number of members on the Affordable Housing Advisory Committee that had missed meetings. He stated those members were appointed in March of 1993. However, there were no meetings scheduled until January of 1994. They then held a series of special meetings to get everything developed and organized in time for the submission deadline. The Code provision that applies regarding missed meetings applies to consecutive regular meetings and it was not until May 11, 1994, that the Affordable Housing Advisory Commit- tee commenced holding regular meetings. Therefore, those absenc- es do not count toward the "Three Strikes and You're Out" rule. The meetings will be held bi-monthly on the third Thursday and the same rules will apply regarding absences without a legitimate excuse as for those committees that hold regular meetings. There being no further business, Vice-Mayor Alperin declared the meeting adjourned at 7:40 P.M. ~ Ci~ty CL~rk ' ATTEST- The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of July 5, 1994, which minutes were formally approved and adopted by the City Commission on 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. -18- 7/5/94 30 June 1994 Delray Beach City Commission Delray Beach,FL Dear Commissioners: I have been employed in the City of Delray Beach for the past four years and am a homeowher, though I reside in Pompano Beach. I am against the proposed ban against pyramid-shaped driveway markers for the following reasons: 1. I believe the homeowner has a constitutional right to protect, decorate and enhance his or her property or adjacent right-of-way entrusted to the homeowner's care, as he or she sees fit. This is within the bounds of present zoning or other ordinances, of course, and barring the use of items with obviously injurious intentions, such as bayonets or land mines. 2. I submit that rounded driveway buttons (which are OK under the proposed ordinance), as well as mailboxes, most landscaping, railroad ties, rocks, stop signs, streetlights, etc. pose just as much a potential danger as do pyramid markers. Is the commission prepared to consider a ban on all these items as well? 3. The hear5 of this matter, I think~ is not really "pUblic safety" as is claimed but rather the avoidance of potential lawsuits. When will those proposing an overly restrictive ordinance such as this realize that we cannot create a "risk-free" environment? Life by nature poses certain risks; those unwilling to accept reality should consider staying inside. 4. Simply because certain individuals believe an action is a good idea does not necessarily constitute justification for making it law. Enact- ment of this particular ordinance, unnecessary and solving nothing, would be another prime example of "government-out-of-control". For the record, I personally have 15 pyramid markers spread across 190 feet of property and right-of-way on a corner lot. There have been no accidents nor have I received any complaints since installing them; it appears vehicles and pedestrians alike resDect and consequently avoid this area. Please reject this proposed ordinance. Thank you for your time. Bruce Frendahl 1460 NE 32 Street Pompano ~ Beach, FL 33064 ~y ~~.~ 305/786-0062 home 407/278-1388 office