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12-06-94 DECEHBER 6, 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, December 6, 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 the Reverend Ronald Siegenthaler, Seacrest Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. Mayor Lynch noted the addition of Item 9.N. (Change Order No. 4/Chaz Equipment Co., Inc.) and Item 9.0. (Change Order No. 7/Molloy Brothers, Inc.) to the regular meeting agenda by addendum. Mayor Lynch requested that Item 8.P. {Award of Bids and Contracts) on the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. The City Attorney noted that Item 8.0. on the Consent Agenda should correctly read: GOLF CARTS AND CLUB CARS LEASE- PURCHASE AGREMENT/ASSOCIATES COMMERCIAL CORPORATION. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: None. 6. Procla~nations: None. 7. Presentations: 7.A. Site Plan Review and Appearance Board Award Recoqnition Proqram: Mr. John Weaver, Chairman of the Site Plan Review and Appearance Board, introduced the Third Annual Site Plan Review and Appearance Board Award Recognition Program. He reviewed the various categories, recognized the finalists in each, and pre- sented the design awards to the winner(s) in each category, as outlined in the City Commission documentation for the SPRAB Award Recognition Program (a copy of which is attached hereto and incorporated herein as an official part of the minutes). Ms. Nancy Davila, Horticulturist, presented awards to ten property owners for landscape improvements associated with meeting the 1993 minimum landscape code requirements, also as outlined in the City Commission documentation for the SPRAB Award Recognition Program which is attached hereto and made an official part of the minutes. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/BARWICK RANCH= Approve the final plat for Barwick Ranch, a proposed 28 lot single family subdivi- sion located at the southwest corner of Barwick Road and Palm Ridge Boulevard, subject to the stated condition. 8.B. WAIVER OF PERIMETER LANDSCAPE REOUIREMENT FOR THE CURRIE RESIDENCE/OFFICE: Approve a request to waive LDR Section 4.6.16(H) (3) (f), which requires a 5 foot perimeter landscape area along abutting property lines, for the Currie Residence/ Office located at 134 N.E. 1st Avenue, based upon positive findings. 8.C. AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with the Two Year Performance Monitoring Study of the Beach Nourishment Project, at a cost not to exceed $29,989.00; with funding from Beach Renourishment - Other Con- tractual Service (Account No. 332-4164-572-34.90). 8.D. AMENDMENT TO POLICE AND FIRE COMMUNICATIONS AGREEMENT WITH TOWN OF GULFSTREAM: Approve an amendment to the Police and Fire Communications Agreement with the Town of Gulfstream to extend the original agreement for a period of seven months from the termination date of June 15, 1994, or through January 15, 1995. 8.E. HOLD HARMLESS AGREEMENT/SAGE CENTER: Approve Hold Harmless Agreement with Sage Center at 1445 N. Congress Avenue, for placement of a trash dumpster and enclosure fence within the City's 25' utility easement. 8.F. HOME INVESTMENT PARTNERSHIP PROGRAM AGREEMENT WITH PALM BEACH COUNTY: Approve and authorize execution of the required agreement between Palm Beach County and the City of Delray Beach -2- 12/6/94 under the federally-funded HOME Investment Partnership Program, with the City to provide matching dollars in the amount of $28,580.00 from SHIP (State Housing Initiative Partnership) - Grants & Aids (Account No. 118-1924-554-83.01) and the Bootstrap Program - Land Acquisition (Account No. 118-1974-554-61.10). 8.G. UTILITY RELOCATION AGREEMENT/WILTEL, INC.: Approve a utility relocation agreement with Wiltel, Inc. in the amount of $5,507.00, for changing a portion of the CSX Transportation easement or right of way in connection with the S.W. 10th Street Road Widening - Phase II. 8.H. INCENTIVE PAYMENT/BJCE, INC. (DUBIN): Approve an incentive payment of $5,000.00 to BJCE, Inc. (Dubin) per terms of the Golf Course management contract dated December 4, 1992; with funding from Municipal Golf Course - Other Contractual Services (Account No. 445-4711-572-34.90). 8.I. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.J. RATIFICATION OF SCRWTD BOARD ACTION: Ratify action of the South Central Regional Wastewater Treatment and Disposal Board action to expend $5,000.00 from sinking fund for replace- ment parts and motor for centrifuge pump. 8.K. RATIFICATION OF SCRWTD BOARD ACTION: Ratify action of the South Central Regional Wastewater Treatment and Disposal Board action to expend $10,500.00 from the sinking fund for replacement parts (shaft impeller sleeve and rings) for return pump "B" plant. 8.L. APPOINTMENT OF OUTSIDE COUNSEL/THOMAS V. CITY: Approve the appointment of Mr. Kent Pratt, of Gaunt, Pratt & Radford, as outside counsel for the Police officers in Thomas v. City of Delray Beach. 8.M. RESOLUTION NO. 94-94: Adopt a resolution authorizing the City to purchase from Seller (Thomas/Frazier) certain vacant property on S.W. 4th Avenue for a water retention area as part of the S.W. 4th Avenue/lst Street drainage improvements; and accept- ing the contract stating the terms and conditions for the sale and purchase. The caption of Resolution No. 94-94 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. 3 12/6/94 (Copy of Resolution No. 94-94 is on file in the offi- cial Resolution Book) 8.N. REQUEST TO HOLD C,ARNIVAL/DELRAY MALL OUTPARCEL: Ap- prove a request from the Florida Jaycees to hold a carnival at the outparcel of the Delray Beach Mall from December 28, 1994 through January 8, 1995. 8.0. GOLF CARTS AND CLUE CARS LEASE-PURCHASE AGREE- MENT/ASSOCIATES COMMERCIAL CORPORATION: Approve the lease/purchase agreement with Associates Commercial Corporation for 80 new gas golf carts. The lease is for a 48-month period with monthly payments of $3,381.90. 8.P. MOVED TO REGULAR AGENDA AS 9.A.A. Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A AWARD OF BIDS AND CONTRACTS: 1. Bid award - three-year lease of copier (Xerox 5355) for Police Department - to the Xerox Corpo- ration via Florida State Contract, for a total of $21,240 for the 36 month period. Funding is available from Police Support - Equipment Rental and Leases (Account No. 001-2113-521-44.30). Mayor Lynch asked the City Manager what the difference in cost would be between leasing the copier versus purchasing the copier? The City Manager stated he did not recall if a compara- tive analysis had been done in this instance. As experienced with the City Clerk's copier, after 3 or 4 years, between the technology upgrades and wear and tear on the machine, the copiers usually need to be replaced. However, a lease vs. purchase analysis could be completed easily enough. Mayor Lynch asked if the maintenance costs were included in the lease agreement? The City Manager stated he was not positive that maintenance is included, and recommended that this item be deferred to the next regular meeting to allow additional time to answer these ques- tions. 2. Bid Award - for lot clearing and mowing of nui- sance abatements for Code Enforcement, to Seagull Industries for the Disabled, Inc. as primary contractor, and Walcott & Son as secondary con- tractor, at an estimated annual cost of $20,000, -4- 12/6/94 with funding from Code Enforcement - Lot Mow- ing/Clearing (Account No. 001-2741-524-34.30). Mayor Lynch questioned the disparity between the dollar figures bid by the various companies in the different categories. He felt there must have been a mistake in the bidding to explain the drastic difference in the bids and suggested that they should have been analyzed more closely. However, he is in favor of the bid award as recommended. 3. Bid Award - for Advanced Life Support Rescue Vehicle, to National Ambulance Builders, Inc., at a cost of $91,505.50, with funding from City Garage - Vehicle Replacement (Account No. 501-3312-591-64.20). Mayor Lynch asked why the vehicle is being funded from the Renewal and Replacement Account instead of the Capital Expen- ditures Account of the Fire Department's budget if it is an entirely new piece of equipment? Also, the Mayor noted the backup material indicates that the new vehicle will replace a current reserve vehicle. If it is a 1990 vehicle and only used for reserve, why is it already outdated? Further, it is recom- mended that we buy an extended warranty. Warranties usually run about 3 years and if we're only going to keep the vehicle about three years, why would we need the extended warranty? The City Manager stated that the new vehicle will replace an existing ALS vehicle. Robert Rehr, Fire Chief, advised that a few years ago the Fire Department decided to move from a lower weight to a higher gross weight vehicle because of the weight these units carry and an anticipated extension of the life expectancy of the higher weight vehicles by probably three additional years. As for the 1990 vehicle that is being replaced, it was determined to replace this vehicle as opposed to the older 1989 unit due to the number of mechanical problems that have occurred with the 1990 vehicle. The Department is getting a better service life from the 1989 vehicle, so it was decided to replace the 1990. 4. Purchase of two FM Antennas (Persoft Intersect Wireless Bridges) at a cost of $13,895 fully installed, from sole source vendor, FM Associates Limited, with funding from Water and Sewer Renewal and Replacement - Other Machinery and Equipment (Account No. 441-5161-536-64.90). Mr. Ellingsworth moved to approve Items 2, 3, and 4 of the Award of Bids and Contracts, with Item 1 deferred to a future meeting, 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. -5- 12/6/94 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 14 through December 2, 1994. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. .9.B. ARCHITECTURAL ELEVATIONS/ROADHOUSE GRILL RESTAURANT: Consider the architectural elevations for the Roadhouse Grill Restaurant to be located at the northwest corner of Linton Boule- vard and Federal Highway, an outparcel of the Delray Mall. On question from Mayor Lynch, the City Manager stated that this is before the Commission because the code requires that the materials and design be compatible with the main building. This is an outparcel at the Delray Mall, and the style and ma- terials are somewhat different. The Site Plan Review and Appear- ance Board is recommending that it be approved despite the dif- ferences. Robert Basehart, Agent with Basehart & Cottrell, Inc., stated that the site plan, landscape plan and architectural elevations had all been approved by SPRAB, but as indicated by the City Manager, because the materials and colors are not iden- tical to the main mall building, City Commission approval is required. Mr. Ellingsworth moved to approve the architectural elevations for the Roadhouse Grill Restaurant, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. AGREEMENT WITH PALM ENTERTAINMENT CORPORATION FOR USE OF THE TENNIS STADIUM: Consider an agreement with Palm Enter- tainment Corporation to provide a series of concerts or events at the Tennis Stadium each year. Joseph Weldon, Director of Parks and Recreation, stated the City has been looking for alternate uses for the tennis stadium other than tennis and has worked very hard with promoters in trying to get concerts and other events in there. This hasn't been overly successful, due in large part to the limited seating. Now with the addition of the 5,000 seats, an agreement has been worked out with a promoter for a five year contract to put on a minimum of four to eight events per year. 6 12/6/94 Dr. Alperin stated that while he likes the agreement, he is concerned about the Chamber of Commerce being able to use the facility during the Delray Affair or to put on an event. Discussion on this point followed, with the Commission expressing concern about the ability of the Chamber, Old School Square or other civic groups having access to the stadium for their events. The City Manager stated it is anticipated that if Old School Square or the Chamber or some other local group wants to bring something in, then they would work with this promoter and one of his events for the year would be done in conjunction with another local sponsor. Mayor Lynch commented that part of the original goal for this arrangement is that it would be a for-profit corpora- tion, from which the City will also make some money. The more successful an event, the better. In discussing some ways that charities could be involved, it was suggested that maybe a func- tion could be held before or after an event, from which all or the majority of the proceeds from that function would go to charity. By doing this, the charities would benefit and would also support the concert. At this point, David Tolces, Assistant City Attorney, reviewed certain aspects of the agreement. He advised that the name of the company has to be changed from Palm Entertainment Corporation because that name has already been reserved by anoth- er company. The new name will be Palm Acts, Inc. He went on to note that there is a requirement in the agreement that the pro- moter provide a $150,000.00 bond to the City which is intended to protect purchasers of tickets in the event something happens where the corporation is not able to fulfill their obligations under the agreement. Palm Acts, Inc. is having difficulty ob- taining a bond because the bonding companies are asking them to put up $150,000 cash as opposed to just a percentage as most bonds might require. One option would be for the City to get a guarantee from Gemini, the parent corporation, to guarantee all the obligations. Another option is to enter into some sort of arrangement where they would provide some sort of security, like a cashier's check, within a certain amount of time prior to an event which the City would hold. In case something happened, the City would then have the money to refund the tickets. Mr. Tolces stated that he felt the latter option might be the better way to go, provided it is acceptable to Mr. Van Arnem, because it gives everyone the necessary flexibility to determine what type of security is needed for each individual event. Mr. Tolces sug- gested that on page 20 of the agreement, paragraph 39, at the end of the second sentence, the language "or other security accept- able to the City" be included. If this is acceptable, then the first sentence of paragraph 39 should be deleted from the agree- ment. 7 12/6/94 Mayor Lynch stated that he will abstain from the vote on this issue since he writes the insurance for Gemini Group, Inc. Mr. Ellingsworth moved to approve the agreement, sub- ject to incorporation of the following changes: (1) name change from Palm Entertainment Corporation to Palm Acts, Inc.; (2) revisions to paragraph 39 deleting the bonding requirement and providing other security acceptable to the City; and (3) language to the effect that Palm Acts, Inc. will agree to work in good faith with local charities to hold fund raising events in con- junction with use of the tennis stadium; seconded by Dr. Alperin. 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 (Mayor Lynch abstained from the vote). At this point, the time being 7:15 p.m., Mayor Lynch moved to the duly-advertised Public Hearings portion of the meeting. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 88-94: Corrective Future Land Use Map (FLUM) amendment from Low Density Residential to Transitional and corrective rezoning from RM (Medium Density Residential) to RO (Residential Office) District for a 0.34 acre parcel of land located at 800 North Andrews Avenue (known as the Moore property; f/k/a Tison Realty). 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. 88-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 800 NORTH ANDREWS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 88-94 is on file in the official Ordinance Book) -8- 12/6/94 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 88-94 on Second and FINAL reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 93-94: Corrective Future Land Use Map (FLUM) amendment from Medium Density Residential to Transitional and corrective rezoning from RM (Medium Density Residential) to RO (Residential Office) District for a 0.40 acre parcel of land located at 1201 George Bush Boulevard (Chapin Law Offices). 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. 93-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 1201 GEORGE BUSH BOULE- VARD, AS THE SAME IS MORE PARTICULARLY DE- SCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECT- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 93-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Smith moved to adopt Ordinance No. 93-94 on Second and FINAL reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 61-94: An ordinance annexing and estab- lishing initial zoning of RL (Low Density Residential - 3 to 6 -9- 12/6/94 units per acre) for an 11.63 acre undeveloped portion of Rockland Park Subdivision. The subject property is located on the west side of Military Trail, approximately 2,800 feet north of Atlan- tic Avenue. 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. 61-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL (LOW DENSITY RESI- DENTIAL) DISTRICT; PROVIDING A GENERAL RE- PEALER CLAUSE, A SAVING CLAUSE, AND AN EFFEC- TIVE DATE. (Copy of Ordinance No. 61-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Lynch declared the public hearing open. Carl Podesta, attorney representing the applicants, noted that her clients had voluntarily amended their zoning petition to request the lower density zoning of RL which allows 3 to 6 units per acre. Further, the annexation action is consis- tent with processing of voluntary annexation petitions as direct- ed by the City Commission at the October 11, 1994, workshop. Ms. Podesta urged Commission approval. Dan Bernheim, Jr., 4198 Live Oak Boulevard, Del Aire, feels the Commission is acting with no consistency when it comes to establishing planning and zoning determinations. He stated residents of Del Aire along with other communities from this quadrant of Delray Beach are concerned about the annexation and the effect it will have on the community. He is opposed to this annexation until the Commission can show the citizens that there is a consistent and understandable policy relative to the annexa- tion and zoning of the buildable residential lands. The public hearing was closed. -10- 12/6/94 Dr. Alperin stated he is pleased that the applicant amended the application to reduce the density. However, he is still concerned about the piecemeal annexation of properties west of Military Trail. Mrs. Smith moved to adopt Ordinance No. 61-94 on Second and FINAL reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 2 vote. 10.D. ORDINANCE NO. 62-94: An ordinance annexing and estab- lishing initial zoning of R-1-A (Single Family Residential) for a 16.15 acre parcel of land known as the Lee property. It is located north of Atlantic Avenue on the west side of Gallagher Road, west of and adjacent to Kingsland Pines Subdivision. 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. 62-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS THE LEE PROPERTY, LOCATED WEST OF AND ADJACENT TO KINGSLAND PINES SUBDIVISION ON THE WEST SIDE OF GALLAGHER ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MIINICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 62-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 62-94 on Second and FINAL reading, seconded by Mr. Ellingsworth. 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. 10.~. ORDINANCE NO. 94-94: An ordinance adopting Comprehen- sive Plan Amendment 94-2. Associated Future Land Use Map (FLUM) -11- 12/6/94 amendments. 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. 1. Rockland Park Subdivision, from County LR-3 (Low Density Residential - 3 units per acre) to City Medium Density (5 to 12 units per acre) 2. Lee Property, from County MR-5 (Medium Density Residential - 5 units per acre) to City Low Densi- ty (0 to 5 units per acre) 3. Silver Terrace Redevelopment Area: A text change to redirect the scope of the Silver Terrace Rede- velopment Plan 4. S.W. 10th Street Area from Transitional to Com- merce The City Manager presented Ordinance No. 94-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 94-2" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 94-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 94-94 of Second and FINAL 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. 10.F. ORDINANCE MO. 63-94: An ordinance rezoning 9.25 acres of land from RM (Medium Density Residential) District to LI (Light Industrial) District. The subject property is located on the north side of S.W. 10th Street, between S.W. 13th Avenue and S.W. 15th Avenue. Prior to consideration of passage of this -12- 12/6/94 ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 63-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 13TH AVENUE AND S.W. 15TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 63-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 63-94 on Second and FINAL reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 91-94: An ordinance repealing Chapter 112, "Alarm Systems", of the City Code in its entirety, and enacting a new Chapter 112, "Alarm Systems", to provide for the regulation of alarm systems. 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. 91-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS" TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 91-94 is on file in the official Ordinance Book) -13- 12/6/94 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Lynch opened the floor for public comment. Jean Beer, Tropic Boulevard, is concerned with the $25.00 registration fee for registering an alarm. She suggested since some residents are already wired into a central system, would it not be simpler for the City to go to each of these security system companies and ask them for a list of their Delray customers? Mayor Lynch stated this cannot be done because the information is confidential. Mrs. Beer feels to charge everyone $25.00 for the privilege of registering an alarm is an unnecessary fee. She stated a lot of people may not register their systems because of the fee, and feels the City is only going to find those people that have a prOblem with their systems. Mayor Lynch stated, Mrs. Beer has a good point and asked if anyone has come up with a theory for those people who do not register their alarm systems. The City Manager stated, as Mrs. Beer indicated, even- tually if any residents have a problem with their alarm systems, the City will become aware of the problem. Joe Camarodi, Tropic Palms, previously had a transmit- ter system that was constantly failing. Consequently, Mr. Camarodi decided it was such an inconvenience to the Police department he replaced the entire system for $2,000.00, with a central system and pays a monthly charge. He stated that in one area of the County, alarm systems are wired directly into the Sheriff's Department and they do not allow outside alarms. He also stated the County charges a monthly fee for this service. Mayor Lynch stated at one time alarm systems were wired directly into the Police department. However, this caused too many complications with liability, etc. Mr. Camarodi feels people realize the Police department cannot handle everything and be everywhere at the same time so this is why residents elect to have a security system. He does not feel the City should be penalizing him by charging a fee if he cannot get to his house in time to disarm his alarm. The City Attorney stated generally a lot of times alarm companies have difficulty contacting people and then they end up having to go through the Police department. She stated it is not unusual because false alarms occur quite frequently. -14- 12/6/94 Mayor Lynch stated the City is trying to get people to maintain their alarm systems and feels that while only certain people abuse, the City has no way to correct this without putting an ordinance into effect. He stated he feels it is owed to the citizens of Delray to correct this problem. Ed Russick, 2620 Devon Court, Andover, agrees Police time on false alarms is a waste of time and money. However, he feels since the burglary situation is not improving people will be relying on their alarms more than ever. He stated anything that is done to make people not use their alarms aides the crimi- nals and feels the City should take this into consideration. Mr. Russick stated he has no problem with the initial fee. However, he requested clarification on three false alarms per year. He feels it is difficult to provide any preventive maintenance on an alarm system because components will fail and he disagrees with the maximum false alarms allowed per year. Secondly, Mr. Russick stated he does not logically understand the allowable response time after an alarm goes off and feels this is an extremely harsh solution. Maury Burns, Woodlake, feels it is outrageous for the City to expect that they would not get more than three false alarms from someone over a period of one year, and stated it does not make sense to charge a fee for someone who is trying to protect their family and property. S.T. Barnes, 250 Davis Road, stated he does not agree with the alarm fee schedule either and feels the City could possibly have the alarm companies upgrade those particular alarm systems causing the problems. The public hearing was closed. The City Attorney stated she distributed a letter received from Del Aire. She had a conversation with Mr. Bill Swartz who requested certain language changes to page five, subparagraph "F", of the Ordinance to make it clear that the application would be in the name of the association for the one exception in paragraph "F" Mayor Lynch asked the City Attorney if this would be true for any community who has their own guard service. The City Attorney stated this is true for any communi- ty/association that has their own internal guard system. The City Manager stated they would not only have a guard at the gate but the entire alarm systems throughout the community, therefore their personnel would respond to the alarm and not the City. The City Attorney stated the language in Section 112.21A would be amended to add that this permit would be held in the name of the association. Mr. Swartz and the City Attorney -15- 12/6/94 agreed to the following language subject to Commission approval at the end of subparagraph "A": "Applications for registration submitted for neighborhood subdivisions referred to in Section 112o20F shall have to comply with Subsection B2 only and shall provide only one emergency contact for notification purposes pursuant to Subsection B6" Mayor Lynch asked the City Manager if an analysis of the false alarms has been completed. The City Manager stated the City had 9,938 burglar alarms last fiscal year; 2,374 were acci- dental trips; 6,399 were system malfunctions, along with other categories some of which were also false alarms. He stated the Fire Department received 551 false alarms. He also stated proba- bly 20% of the systems are generating 80% for the false alarms by addressing this problem the City can spend its time much more productively. Mayor Lynch stated he is not opposed to that, however, he is opposed to the registration fee because he feels people will not register. Secondly, he stated he feels the alarms are an asset to the City because they help to catch criminals even if the false alarms are a nuisance. He feels for the 80% of people who use the alarms and maintain them properly, he considers the alarms an asset. He stated on the other hand for the 20% of people who have abused it, the City is doing something that actually could be detrimental to encouraging other people to use their alarm systems. The City Manager disagreed with Mayor Lynch. The City Manager feels it would be interesting to speak with Police De- partment personnel about how many people are really caught. He stated the alarms probably prevent more burglaries than catching burglars. Eric Hightower, Assistant City Attorney/Police Legal Advisor, stated the City of Boca was considering proposing a $50.00 registration fee and an additional fee to cover their administration costs. Dr. Alperin, stated he has several concerns about the alarm systems and the fee. He feels people are misinterpreting this Ordinance No. 91-94. Mrs. Smith feels the three false alarms over a period of one year should be doubled for a period of twelve months. Mr. Randolph stated perhaps those citizens who already have alarm systems should not be responsible for the $25.00 registration application fee. However, he feels comfortable with the rest of the Ordinance. Mr. Ellingsworth asked the City Attorney if a condomin- ium has twenty buildings and each building has a separate exteri- or system, is the building going to be assessed within the entire -16- 12/6/94 area for three alarms or within each building with three alarms? The City Attorney stated it would be against each alarm system which has the registration. Dr. Alperin asked staff what the estimated cost would be to set up this system and issue all the registrations. The City Manager stated the estimate is around 10,000, however, the estimate is only a guess. Dr. Alperin inquired what the cost of establishing this system of administering 10,000 properties would cost the City? Mike Cato, Division Chief-FPB, stated there would be extensive staff time. He stated the registration would also include printing forms for registration, forms for alarm activa- tion report for both police and fire, the decals issued for each permit, and then the information would be entered into the CADD system at the dispatch center. Mr. Cato stated there is a con- siderable amount of staff time and actual paperwork involved in the printing of the materials for each registration. Dr. Alperin stated it would cost approximately $250,000.00 to register 10,000 alarm systems and if we do not charge for this service the taxpayers would pay instead of the people who utilize this service. Mayor Lynch asked why even register at all. He feels whenever there are three false alarms then the City should bill them. He indicated the penalties in Boca are very stiff, there- fore when alarms go off they are charged and immediately have them repaired. He said he would rather raise the fine. This system seems to work very well. The Mayor suggested that we charge stiffer fines, when the people come in to pay these fines they be required to regis- ter, that way the 80% who maintain their systems are not penal- ized. City Manager indicated this was an interesting idea and said he was willing to try this approach. Mayor Lynch requested this ordinance be sent back to staff to evaluate the idea that we only register people who are having problems. Mr. Randolph thought the City should fine people after one false alarm and register them when they pay their fine. Michael Cato indicated we maintain records at this time when false alarms occur. The reason for having registrations is to have information about the type of system and contact person, etc. so when emergencies occur emergency personnel do not have to wait to get that information. The public hearing was closed. Mr. Ellingsworth moved to continue the public hearing to the meeting of December 13, 1994, with staff to evaluate the -17- 12/6/94 issues discussed this evening in the interim, 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. 10.H. ORDINANCE NO. 92-94: An ordinance amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for corrections in the connection fee which was inadvertently amended by passage of Ordinance No. 22-94. 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. 92-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR CORRECTIONS IN THE CONNECTION FEE WHICH WAS INADVERTENTLY AMENDED BY PAS- SAGE OF ORDINANCE NO. 22-94; TO PROVIDE FOR REPEAL OF SECTIONS 53.130(B), "CONNECTION CHARGE", AND SECTION 53.130(C), "EXCEPTIONS TO CONNECTION CHARGE"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 92-94 is on file in the official Ordinance Book) Dr. Alperin moved to adopt Ordinance No. 92-94 on Second and FINAL reading, 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. 11. Comments and Inquiries on Non-Agenda Items from the Public Immediately following Public Hearings. 11.A. The City Manager's response to prior public comments and inquiries. The City Manager commented on the miscellaneous debris, construction material, and equipment being stored at 1920 Spanish Trail, in Tropic Isles. The City Manager stated Mr. Powell, General Contractor and owner of the vacant lot, submitted an application on October 28, 1994, to construct a duplex on this parcel. The City Manager stated his application is being processed and there are some revisions to the construction plans required that are holding up the issuance of the permit. The City Manager stated the con- -18- 12/6/94 struction material and equipment currently on the vacant lot is illegally stored. Lula Butler, Community Improvement Director, has met with Mr. Powell twice since November 16, 1994, soliciting his voluntary compliance with the City codes. Mr. Powell agreed to remove the material right away, however, when he failed to follow through, he was sighted. The City Manager stated Mr. Powell's case is scheduled for the December 13, 1994, Code En- forcement Board meeting. 11.B. From the Public. 11.B.!. Spencer Pompey, asked for Commission support regarding the need for building new schools east of 1-95. 11.B.2. Jerry Marshall, Woodlake, stated even though the inner walkway next to the sidewalk north of Atlantic Avenue on A-1-A was repaired, it needs to be fixed again. Mr. Marshall stated the sidewalk appears not to have been fixed very well the first time and suggested replacing the concrete. 11.B.3. Patrick Blake, 1630 Catherine Drive, asked that a Police investigation be re-opened on his complaint regarding a Delray Beach Police Officer's behavior towards his son. He recounted the detrimental effects this incident has had on his son and his dissatisfaction with the results of an Internal Affairs investigation. 11.B.4. Helen Coopersmith, expressed concern about annexing west of Military Trail when the City still has unincorporated pockets in the City limits. 11.B.5. Jean Beer, expressed concern about the thousands of gallons of oil that spilled from an oil tank at the Mazda dealer- ship earlier today and which ran into the sewer drain and then into the canal. Ms. Beer asked Commission to consider looking into why the Federal Highway drains are going straight into the canal, and that the ordinances be reviewed regarding responsibility for clean-up, etc. 12. FIRST READINGS: ~ 12.A. ORDINANCE NO. 97-94: An ordinance rezoning a 1.92 acre parcel of land from NC (Neighborhood Commercial) District to POD (Professional and Office) District. The subject property is generally located at the northwest corner of Seacrest Boulevard and N.E. 22nd Street. If passed, public hearing will be sched- uled pending demolition of structure bisected by zoning district boundary line. The City Manager presented Ordinance No. 97-94: -19- 12/6/94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT IN THE POD (PROFESSIONAL AND OFFICE) DISTRICT; SAID LAND BEING GENER- ALLY LOCATED AT THE NORTHWEST CORNER OF SEACREST BOULEVARD AND N.E. 22ND STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 97-94 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.B. ORDINA/~CE NO. 98-94: An ordinance amending Chapter 32, Subheading "Education Board", of the City Code to provide for two student members on the Education Board, and providing for their qualifications. If passed, public hearing on January 3, 1995. The City Manager presented Ordinance No. 98-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS" SUBHEADING "EDUCATION BOARD" OF THE CODE OF ORDINANCES OF THE CITY O~ DELRAY BEACH BY AMENDING SECTION 32.26, "COMPOSITION;APPOINTMENT; TERMS", TO PROVIDE FOR TWO STUDENT MEMBERS ON THE EDUCATION BOARD; AMENDING SECTION 32.28, "QUALIFICA- TIONS OF MEMBERS" TO PROVIDE FOR THE QUALI- FICATIONS OF STUDENT MEMBERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the Ordinance. Mr. Randolph moved to approve Ordinance No. 98-94 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. 12.C. ORDINANCE NO. 99-94: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", of the City Code to bring it into conformance with Florida Statutes Chapter 162 in granting -20- 12/6/94 the Code Enforcement Division greater power and discretion in dealing with code enforcement violations. If passed, public hearing on January 3, 1995. The City Manager presented Ordinance No. 99-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY, FLORIDA, AMENDING CHAPTER 37, "DELHAY BEACH CODE ENFORCEMENT" OF THE CODE OF ORDINANCES OF THE CITY OF DE~RAY BEACH BY AMENDING SECTION 37.03, "DEFINITIONS", TO PROVIDE FOR POSTING NOTICES; AMENDING SECTION 37.36, "INITIATION OF ENFORCEMENT PROCE- DURES", BY AMENDING SUBSECTIONS 37.36(C) AND 37.36(E), TO PROVIDE FOR AN IMMEDIATE HEARING AND IMMEDIATE ISSUANCE OF A CITATION FOR REPEAT VIOLATIONS; BY AMENDING SECTION 37.39, "CONFLICT OF INTEREST; HEARING PROCEDURES" BY ENACTING A NEW SUBSECTION 37.39(J), T~ PROVIDE FOR RECOVERY OF COSTS; AMENDING SECTION 37.40, "SUBPOENA POWERS AND PROCE- DURES'', TO ALLOW FOR A METHOD OF ALTERNATIVE SERVICE AND FOR AN INCREASED FEE; AMENDING SECTION 37.41, "DECISIONS AND ENFORCEMENT ORDERS", BY AMENDING SUBSECTION 37.41(F), TO PROVIDE FOR THE RECORDING OF BOARD ORDERS; AMENDING SECTION 37.42, "FINES FOR NONCOMPLI- ANCE WITH ORDERS", BY AMENDING SUBSECTIONS 37.42(A) AND 37.42(B), TO PROVIDE FOR REVISED NOTICE REQUIREMENTS FOR REPEAT VIOLATORS, AUTHORIZING THE CITY TO MAKE REPAIRS AND ASSESS THE COST OF REPAIRS, AND AUTHORIZING THE CITY TO COLLECT RECORDING COSTS AND COSTS FOR FILING SATISFACTION OF LIENS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Dr. Alperin moved to approve Ordinance No. 99-94 on FIRST reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANC~ NO. 95-94: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code by creating a new Section 33.70, "Direct Transfers of Eligi- ble Rollover Contributions" If passed, public hearing on Decem- ber 13, 1994. The City Manager presented Ordinance No. 95-94: -21- 12/6/94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CREATING A NEW SECTION 33.70, "DIRECT TRANSFERS OF ELIGIBLE ROLLOVER CONTRIBU- TIONS''; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Dr. Alperin moved to approve Ordinance No. 95-94 as amended on FIRST reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph o Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 96-94: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the City Code by amending Sec. 35.089 to clarify the defini- tion of "actuarial equivalence", amending Sec. 35.097, "Retire- ment Income; Basis, Amount and Payment", to reflect the normal form of benefit as a single life annuity; creating a new subsec- tion 35.097(J), "Maximum Pension", a new subsection 35.097(K), "Commencement of Benefits", a new subsection 35.097(L)' "Distri- bution of Benefits", a new subsection 35.097(M), "Direct Transfer of Eligible Rollover Contributions" If passed, public hearing on December 13, 1994. The City Manager presented Ordinance No. 96-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.089, "DEFINITIONS", TO CLARIFY THE DEFINITION OF "ACTUARIAL EQUIVA LENCE"; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT" TO REFLECT THE NORMAL FORM OF BENEFIT AS A SINGLE LIFE ANNUITY; CREATING A NEW SUBSECTION 35o097(J), "MAXIMUM PENSION"; CREATING A NEW SUBSECTION 35.097(K), "COMMENCEMENT OF BENEFITS"; CREAT- ING A NEW SUBSECTION 35.097(L), "DISTRIBUTION OF BENEFITS"; CREATING A NEW SUBSECTION 35.097(M), "DIRECT TRANSFER OF ELIGIBLE ROLLOVER CONTRIBUTIONS"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. -22- 12/6/94 Dr. Alperin moved to approve Ordinance No. 96-94 on FIRST reading, seconded by by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to the Regular Agenda. 9.D. REQUEST FROM ROOTS CULTURAL FESTIVAL, INC. FOR WAIVER OF POLICE OVERTIME: Consider waiving Police overtime for this year's Roots Cultural Festival. Mr. Randolph moved to approve staff's recommendation to waive Police overtime in the amount of $2,700.00 for this year's Roots Cultural Festival, seconded by Mr. Ellingsworth. 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. SPECIAL EVENT APPROVAL AND AGREEMENT FOR "HOOP IT UP": Consider approval of an agreement between the City, the Joint Venture and Streetball Partners International, Inc. (SPI) for "HOOP IT UP", a special event being promoted by the Joint Venture for October 14-15, 1995. The City Attorney stated one change to this agreement is instead of the references to Gemini Group, Inc. it will read Palm Acts, Inc. Assistant City Attorney Tolces stated another change to the agreement is under paragraph E, page 3, as opposed to saying "if SPI desires" it will read: "during non-event hours, SPI may contract with the Police department for off-duty security at the prevailing off-duty detail hourly rate" Mrs. Smith moved to approve the agreement as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.F. ESTABLISH A DATE FOR THE ANNUAL TOWN HALL MEETING: Establish a date for the third annual Town Hall Meeting to be held at the Crest Theater at Old School Square in January, 1995. The Commission established January 31, 1995, as the date for the third annual Town Hall Meeting to be held in the Crest Theater at Old School Square. 9.G. EDUCATION BOARD RECOMMENDATION/MORIKAMI ELEMENTARY SCHOOL SITE: Consider the Education Board's recommendation to object to the proposed Morikami site for an elementary school, with a recommendation to site and build an elementary school east of 1-95 prior to construction of the Morikami site. -23- 12/6/94 Mr. Ellingsworth moved to support the recommendation of the Education Board, 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. SERVICE AUTHORIZATION NO. 14/DAVID MILLER AND ASSOCI- ATES: Consider Service Authorization No. 14 with David Miller and Associates in an amount not to exceed $20,000.00 for the design, bidding and construction administration services for the Beach Patrol Facility to be located on the eastern one-third of the Sandoway Park site; with funding from General Construction Fund/Beach Improvement - Sandoway Lifeguard Headquarters (Account No. 334-4170-572-63.44). Dr. Alperin moved to approve the Service Authorization No. 14 with David Miller and Associates, 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. Said motion passed with a 5 to 0 vote. 9.I. SETTLEMENT OFFER/SULTENFUSS V. CITY: Consider settle- ment offer in the amount of $25,500.00 which includes all damag- es, attorney's fees and costs. Dr. Alperin moved to approve the settlement offer between Sultenfuss and the City of Delray Beach in the amount of $25,500.00 including all damages, attorney's fees and cost, seconded by Mr. Ellingsworth. 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.J. SETTLEMENT OFFER/CITY vs. AMERICAN CENTENNIAL INSURANCE COMPANY: Consider an offer from American Centennial Insurance Company in the amount of $60,000.00 in settlement of the City's claim for this insurer's portion of the Aero-Dri matter. Mr. Ellingsworth moved to approve the settlement offer between the City and American Centennial Insurance Company in the amount of $60,000.00, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.K. RESOLUTION NO. 93-94/SEACREST PROPERTY TASK TEAM: Consider a resolution establishing the Seacrest Property Task Team, assigning it duties, establishing membership, and setting a sunset date. 1. Consider approving the slate of proposed members to the Seacrest Property Task Team. The City Manager presented Resolution No. 93-94: -24- 12/6/94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE SEACREST PROPERTY TASK TEAM, ASSIGNING IT DUTIES, ESTABLISHING MEMBERSHIP, AND PROVIDING FOR A SUNSET DATE. (Copy of Resolution No. 93-94 is on file in the offi- cial Resolution Book) Mayor Lynch feels students should be a part of the Seacrest Property Task Team, and asked if a student could be added to the Task Team along with Dr. Alperin. Mayor Lynch feels it is wise to add a Commissioner to the Board considering there will be a fairly substantial amount of money involved to estab- lish the Task Team. Mr. Randolph stated he would like to include Dr. Alperin and a student. Mayor Lynch agreed with Mr. Randolph to include Dr. Alperin and at least one or two students for better makeup of the Board. Mayor Lynch stated the list would be the eight people shown, Dr. Alperin, someone from the School Board, and one stu- dent making the total of 11 members to the Seacrest Property Task Team. Mr. Ellingsworth moved to approve Resolution No. 93-94, as amended, including the names as so designated, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENT TO THE PARKING MANAGEMENT TEAM: Consider the appointment of Norma Bannoura to the Parking Management Team as the West Atlantic Avenue (east of 1-95) representative. Mr. Randolph moved to appoint Norma Bannoura to the Parking Management Team, 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.M. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 1995. Mrs. Smith moved to appoint Janet Onnen to the Educa- tion Board, seconded by Dr. Alperin. Upon roll call the Commis- sion 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. -2S- 12/6/94 9.N. CHANGE ORDER NO. 4/CHAZ EQUIPMENT CO., INC.: Consider add Change Order #4 to Chaz Equipment Co., Inc. for the Central Business District Alley Reconstruction - Phase II in the amount of $23,840.00 for the replacement of part of the 24" drainage outfall pipe to the L-37 canal at Rabbit Hollowe sudivision. During recent storms associated with Tropical Storm Gordon, the subdivision flooded. On further investigation it was identified that segments of the existing outfall pipe were crushed which prevented stormwater discharge into the L-37 canal. Funding is available from the Stormwater Utility Fund (Account No. 448-5411-538-62.44). Recommend approval of Change Order No. 4 with Chaz Equipment Co., Inc. Mr. Randolph moved to approve Change Order No. 4/Chaz Equipment Co., Inc., in the amount of $23,840.00, seconded by Dr. Alperin. 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. 9.0. CHANGE ORDER NO. ?/MOLLOY BROTHERS, INC.: Consider Change Order No. 7 to Molloy Brothers, Inc. for the relocation of approximately 100 linear feet of 16" gravity sewer at Veterans Park, near the recently demolished master lift station. Funding in the amount of $10,300 is available from Renewal and Replace- ment - Sewer Mains (Account No. 442-5178-536-63.51) through budget transfer from Manhole Rehabilitation (Account No. 441-5178-536-61.84). Dr. Alperin moved to approve Change Order No. 7/Molloy Brothers, Inc., seconded by Mr. Ellingsworth. 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 5 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mr. Ellingsworth distributed a note advising the Com- mission of his recommendations for upcoming Board appointments. Mr. Randolph had no comments or inquiries. Mrs. Smith stated she is delighted with the new flag- pole at Veterans Park. Dr. Alperin had no comments or inquiries. 13.B.1. The City Attorney reported that the County Commission has agreed to transfer the Catherine Strong Center to the City, and had also approved the lease for the Morikami wellfields. 13.C.1. The City Manager stated the County Commission has appointed Joe Weldon to the Natural Areas Management Advisory -26- 12/6/94 Committee representing local government recreation programs for a one year term. There being no further business, Mayor Lynch declared the meeting adjourned at 9:25 P.M. ~ity C1 e~rk ' 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 December 6, 1994, which minutes were formally approved and adopted by the City Commission ci~y- ~rk 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. -27- 12/6/94 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: MI , DIRECTOR OF PLANNING~ & F~NING FROM: EKS, SENIOR PLANNER SUBJECT: MEETING OF DECEMBER 6, 1994 SITE PLAN REVIEW AND APPEARANCE BOARD AWARD RECOGNITION PROGRAM BACKGROUND: This year is the third annual Site Plan Review and Appearance Board (SPRAB) Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the City through creative design. Eligible projects are those which were approved by the Site Plan Review and Appearance Board, and also received a Certificate of Occupancy during the previous fiscal year (October 1, 1993 - September 30, 1994). The Board will also be presenting awards to ten property owners for Landscape Improvements associated with meeting the 1993 minimum landscape code requirements. This year's design categories and recipients include: SPECIAL PROJECTS: Veteran's Park Playground Equipment - Veteran's Park * The Citizens of Delray Beach * Pam Post (Project Coordinator) * Sue Ellen Claggett (Project Coordinator) Community Mural Project - NE 2nd Avenue * The Citizens of Delray Beach * Sharon Koskoff (Project Coordinator) City Commission Documentation SPRAB Awards Program Page 2 EXTERIOR RENOVATION: Bennett Auto SupDly - 10 S. Congress Avenue * Harold Bennett (Owner) * Mainguy Construction (Project Coordinator) Mouw and Associates - NE 3rd Street * Mouw and Associates (Owner/Developer) ARCHITECTURE: Six South Restaurant - 6 S. Ocean Boulevard * Shahnt Restaurant Corporation (Owner/Developer) * George Brewer (Architect) BEST OVERALL DESIGN: Levenger - 420 Congress Avenue * Steven and Lori Leveen (Owners) * Dal Pos Architect, P.C. (Architect) * A. Grant Thornbrough (Landscape Architect) * Atlas Signs (Signage) SIGNAGE: Pineapple Grove Shoppes - NE 2nd Avenue * David Beynon (Owner) * Brite Lite Custom Signs, Inc. (Sign Company) The Arbors - 1625 S. Congress Avenue * Crocker and Company (Owner) * Don Bell Industries, Inc. (Sign Company) REDEVELOPMENT: Bi-Lo Center - West Atlantic Avenue * Ghassan Kashou (Owner/Developer) BEST IMPROVEMENT: 501E. Atlantic Building * Susan J. Gracey (Owner) - ' .... City Commission Documentation SPRAB Awards Program Page 3 LANDSCAPING/SITE IMPROVEMENTS: Express car Wash - 375 N. Federal Highway * Richard Shullman (Owner) * KSE Architects, Inc. (Site Planner) * Jerry Turner & Associates (Landscape Architect) I~%ND$CAPE IMPROVEMENTS - 1993 CODE COMPLIANCE: * Palmer Floor Covering - 249 SE 6th Avenue * Bridgestone Firestone.- 217 SE 6th Avenue * Atlas Transmission - 102 SE 5th Avenue Rose Auto Shopping Center - 233 NE 2nd Avenue * Paoletti's Restaurant - 815 NE 6th Avenue * St. Paul's Baptist Church - 40 SW 10th Avenue * C.L. Boatrights - 190 NE 2nd Avenue * Church of God of Prophecy - 49 SW 7th Avenue * A to Z Auto - 18 NE 2nd Avenue * Palm Plaza - E. Atlantic Avenue