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08-24-93 AUGUST 24, 1993 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 6:05 p.m., on Tuesday, August 24, 1993. 1, Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas Eo Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan AoRuby 2. The opening prayer was delivered by Reverend Scott Gress of Trinity Lutheran Church. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Lynch noted the addition of Item 9.K., Rehabilitation of Lawn Bowling Court/Veterans Park, by addendum to the regular agenda. Dr. Alperin moved approval of the agenda, as amended by the addition of Item 9.K. via addendum, 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. 5. Approval of Minutes. Mr. Ellingsworth requested a change be made to the Special Meeting Minutes of August 3, 1993, Item 3 (page 3), to reflect a corrected figure of $6,800 as opposed to $26,800 as the amount of the reduction to the Library funding request. Mr. Ellingsworth moved approval of the Special Meeting Minutes of August 3, 1993, with the correction noted, 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. Mr. Randolph moved approval of the Regular Meeting Minutes of August 10, 1993, seconded by Mr. Ellingsworth. 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. Proclamations. 6.A. "I Have A Dream Week". Mayor Lynch read and presented a proclamation proclaiming the week of August 23, 1993, as I HAVE A DREAM WEEK in the City of Delray Beach, inviting all citizens to join the South Palm Beach County National Organization of Women and the South Palm Beach County Chapter NAACP to attend a celebration of the progress which has been made in the area of civil/human rights on Saturday, August 28, 1993, at the South Palm Beach County Courthouse, 200 W. Atlantic Avenue, Delray Beach. Ms. Sheila Jaffe, President of the South Palm Beach County National Organization of Women, came forward to accept the proclamation. 6.B. "Sickle Cell Disease Month - September 1993". Mayor Lynch read and presented a proclamation declaring the month of September, 1993, as Sickle Cell Disease Month in the City of Delray Beach, urging all citizens to support the activities of the Sickle Cell Foundation of Palm Beach County and those af- flicted with the disease. Ms. Elizabeth Johnson, President of the Sickle Cell Foundation, came forward to accept the proclama- tion. 6.C. "City of Pulaski. Tennessee - All-America City". Mayor Lynch commented that the City of Delray Beach had received a very nice proclamation from the City of Pulaski, Tennessee, which was one of the other nine cities to receive the All-America City Award, in recognition of our accomplishments, so in return, Delray Beach prepared a proclamation recognizing Pulaski, Tennes- see, and has forwarded it to them. Delray Beach has also sent letters of congratulation to the eight other cities which re- ceived the award. 6.Do "National Council Qf Jewish Women's D~y of ~he Working Parent - September 9, 1995"° Mayor Lynch noted the date of the commemoration and urged all citizens to make a commitment to meet the dependent care needs of employees to help improve the lives of all working families. Presentations. 7.A. U.S. Representative E, Clay Shaw, U.S. Representative Eo Clay Shaw read into the record a speech which he had presented to the House of Representatives on June 28, 1993, in recognition of the City of Delray Beach's award as an All-America City. He presented the Commission with a certificate and a flag which had flown over The Capital in Washington, D.C. Mayor William Smith, City of Boca Raton, congratulated the City of Delray Beach on its prestigious achievement as an All-America City. -2- 8/24/93 Mayor Lynch publicly expressed appreciation to Mr. Tom Haenlon for arranging Representative Shaw's presentation to the Commission. 7.B. Florida League of Ci~ies Cer~ifica~ of Appreciation for the City of Delray Beach's Participation in the 1993 City Innovations Showcase. The City Manager named the following projects which were included in the Florida League of Cities Certificate of Appreciation: the Construction Management for the Tennis Complex, the Citizens Observer Patrol, the Citizens Police Academy, the work of MAD DADS, a learning laboratory feature at one of the fire stations; The Safety House (a feature developed by the Fire Department) and, the air bottle carriers for high rise structure operations. 8. CONSENT AGENDA. City Manager recommends approval. 8.A. Initiation of Annexation. Authorize staff to initiate annexation action for Discount Auto Parts, Delray Medical Center and Sunset Pines Condominiums, located on the north side of West Atlantic Avenue between Barwick Road and Military Trail, with initial municipal zoning of NC (Neighborhood Commercial), POD (Planned Office District) and RM (Medium Density Residential). 8,B, Integrity Leadership Training. Approve the expenditure of $12,880 from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90) for Integrity Leadership Training for all Police Department employees. 8,C. Amendment ~O Int~rlocal Agreement wi~h Lak~ Worth Drainage District. Approve an amendment to the Interlocal Agree- ment with Lake Worth Drainage District which extends the time by which the. City Tennis Center will annex into the District until July 21, 1994. 8.D, Approval of Right-of-Entry and License Agreements. Approve right-of-entry and license agreements with property owners in conjunction with utility construction east of the Intracoastal Waterway. 8,E, Waiver of Bond Requirements/Pompey Park and CQ~muDity Center Projects. Waive the bond requirement for Hoffman Air Conditioning Company in conjunction with the Pompey Park/ Commu- nity Center projects. 8.F. Resolution No, 75-93, A resolution assessing the costs for abatement action required to board up an unsafe structure at 34 N.W. 3rd Avenue. The caption of Resolution No. 75-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF -3- 8/24/93 THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION RE- GARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH AC- TION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OP NOTICE. (Copy of Resolution No. 75-93 is on file in the offi- cial Resolution Book) 8~$. Resolution No. 76-93. A resolution assessing the costs for abatement action required to remove nuisances from 25 proper- ties located within the City. The caption of Resolution No. 76-93 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) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING 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. 76-93 is on file in the offi- cial Resolution Book). 8.H. Resolution No. 78-93. A resolution assessing the costs for abatement action required to remove nuisances from eight (8) properties located within the City. The caption of Resolution No. 78-93 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) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT -4- 8/24/93 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 pf Resolution No. 78-93 is on file in the offi- cial Resolution Book). 8,I, Aw~r~ of Bids and Contracts. 8~I.1. Radio System - Highland Beach Fire Station - Motorola Communications and Electronics, Inc., in the amount of $15,150.31 with funding from Special Project Fund - Other Machines/Equipment (Account No. 115-2313-522-64.90). 8.I.2, Demolition of Old Central Fire Station - Cobra Clearing Corporation, in the amount of 811,500 with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311- 522-61.56). Mr. Ellingsworth moved for approval of the Consent Agenda as presented, 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. REGULAR AGENDA. 9.A. Review of Appealable Land Development Actions of Vari- ous 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 August 9, 1993 through August 20, 1993. Dr. Alperin moved to receive and file the report, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9,B. Recommendation tO Palm Beach. County Board of Commis- sioners. Consider requesting that the Palm Beach County Board of County Commissioners deny a rezoning and conditional use petition which would allow a communication tower on property situated in the City's Planning and Service Area (north of Country Manors, between Barwick Road and Military Trail). Planning and Zoning Board recommends approval. David Kovacs, Director of Planning and Zoning, stated that the City received a notice from the Palm Beach County Zoning Commission and the Board of County Commissioners for a rezoning -5- 8/24/93 and conditional use petition to establish a communication tower on property located in the City's Planning and Service Area. Mr. Kovacs pointed out that this request is similar to that which was requested of, and denied by, the City several years ago on prop- erty in the southwest quadrant. He noted that the proposed location is considered a rural residential area, or low density estate-type area, as identified in the Comprehensive Plan; and, that the Plan states that there should not be intrusive uses which are inconsistent with policies for stablized neighborhoods. The Planning and Zoning Board recommends that the Commission communicate to the Board of County Commissioners that the request be denied. Ms. Ellen Covert, Hugo Unruh and Associates, represent- ing Bell South, stated that her client was somewhat curious about the Commission's action tonight because the Florida Statutes prescribes procedures for inter-jurisdictional cooperation on planning and zoning matters. She believed the proposed communi- cation tower is located outside the City's Planning and Service Area and asked the Planning Director to explain, for the record, the City's intent for its Planning and Service Area and how it would affect land uses outside the City's jurisdiction. Mr. Kovacs explained that this particular area is under the County's land use approval process and is within a few hun- dred yards of the City and is located within the Planning and Service area as outlined in the Comprehensive Plan. There is no regulatory action required; however, he pointed out that this is what intergovernmental communication is all about and emphasized that the City is responding to a formal request from Palm Beach County. Ms. Covert explained how this particular site was chosen and that the communication tower structure has been changed from a three-sided support structure to a fifty-foot monopole tower. She informed the Commission that Bell South has requested a postponement to the September 2, 1993, Board of County Commissioners' meeting so that Bell South can reevaluate new radio frequency cellular data. Dr. Alperin moved to request that the Palm Beach Board of County Commissioners deny the rezoning and conditional use request to accommodate a cellular communication tower, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Ms. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.C. Request for Conditional Use Approval. Consider a request for conditional use approval to establish a lumberyard (Causeway Lumber Company), on the north side of West Atlantic Avenue, between Congress Avenue and the E-4 Canal, in the MIC (Mixed Industrial/Commercial) zone district. Planning and Zoning Board recommends approval, subject to conditions. -6- 8/24/93 David Kovacs, Director of Planning and Zoning, stated that a letter has been received from Causeway Lumber Company advising that the representative would be unable to attend to- night's meeting and also that they would like to further review some of the recommended conditions of approval. Hence, they have requested continuation of this item to the September 14, 1993, regular meeting. Mr. Randolph moved to continue the request for condi- tional use approval for Causeway Lumber Company to the September 14, 1993, regular meeting of the City Commission, 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.D~ Benches and Trash Receptacles in the Downtown Area. Consider assuming maintenance responsibility for benches and trash receptacles in the downtown area. Mayor Lynch explained that several years ago the DDA had put up monies for benches and trash receptables in the down- town area; however, there is no written documentation regarding whether the City was to assume maintenance responsibility, al- though staff recalls that the former City Manager had directed that they be painted and repaired. It was pointed out by the City Manager that the annual cost for repair of the benches and trash receptacles is estimated at 8550. He emphasized there is an immediate need for repair of these items; whereas, the annual cost for maintenance is estimat- ed at $950. The City Attorney expressed concern relative to the Bill of Sale provided by the DDA and cautioned that the action taken by the Commission should be specific as to whether or not the City will assume the repair, maintenance and/or replacement of these items in the future. Mrs. Smith moved to accept the ownership and mainte- nance responsibility for the benches and trash receptables in the downtown area for a undetermined period of time with a caveat that arrangements could be changed in the future to shift respon- sibility to either the DDA or the CRA. Said motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5-0 vote. 9.E. Decade of Excellence Bonds - Second Issue, Consider whether the Second Issue of the Decade of Excellence Bonds will be sold by competitive or negotiated bid process. -7- 8/24/93 Dr. Alperin stated that he felt the Commission has successfully demonstrated in the past that the negotiated method has been easier and more efficient. He felt it would be appro- priate to use the same group, with Stifel, Nicolus & Company, Inc. as lead or senior manager in the group. Dr. Alperin moved to approve the negotiated process for the sale of the second issue of the Decade of Excellence bonds, utilizing the Smith Barney group, with Stifel; Nicolus as the senior manager; 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. Prior to roll call, the following discussion was had. On question from Mayor Lynch, the City Manager stated that the bond counsel fee is negotiated, as are all of the fees all the way through the process. The City Manager noted that the action by the Commission constitutes a change from Smith Barney being the lead underwriter. Dr. Alperin clarified that it is the group of Smith Barney, with a reversal of roles for Stifel, Nicolus and Smith Barney. He stated that Stifel, Nicolus has helped out with the CRA refunding, and he hoped that as part of this we would also look into refunding part of the first Decade of Excellence issue since we might be able to benefit from that at the same time. At this point the roll was called to the motion. 9.F. Survey Response Regarding Boundarie~ of Our Regional Planning Council. Consider staff's response to the survey dis- tributed by the Growth Management and Strategic Planning Unit of the Office of the Governor with regard to the boundaries of the Regional Planning Councils. Mr. Ellingsworth moved that the questionnaire be com- pleted to indicate that the City is generally satisfied with the Treasure Coast Regional Planning Council designation; seconded by Dr. Alperino 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.G. Chanqe Order No. 4 and Request for Final Payment/Jack Hardy. Consider a change order in the net add amount of $39,008.80 and request for final payment in the amount of $39,008.80 from Jack Hardy for completion of the Alleyway Recon- struction Phase I project; with funding from Renewal and Replace- ment Manhole Rehabilitation (Account No. 442-5178-536- 61.84). The City Manager clarified that the amount for both the change order and the final payment should be the same, that is $39,008.80. There is nothing in the backup material to indicate where the additional $500.00 came from (as is shown in the figure 8 8/24/93 set forth in the last paragraph of the August 19, 1993, memoran- dum from Environmental Services, or $39,508.80). The figure of 839,508.80 appears to be incorrect because everywhere else the amount is referred to as $39,008.80. Mr. Randolph moved to approve final closeout Change Order No. 4 and final payment in the amount of $39,008.80 with Jack Hardy, Inc.; 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.H. Relocation of Traffic Signal/N.W, 5~h Avenue. Consider Palm Beach County's proposal to relocate the traffic signal located on the northwest corner of N.W. 5th Avenue at a cost of $14,000; with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). The City Manager suggested that the Commission move forward for approval of this item; however, in discussions with a private contractor it was estimated that the work could be done for between $8,000 and $9,000, which is considerably less money than the $14,000 which was projected by the Palm Beach County. The Manager pointed out that the County had informed him that the City was not allowed to provide bids on the project. Discussion then ensued between the Mayor and the City Manager relative to relocating the traffic light, as the estimat- ed price does not include a pre-emption light for emergency services. The City Manager stated that it was decided to proceed without the pre-emption light as staff has experienced that it can cause problems. Dr. Alperin moved to allow the City Manager to negogiate with Palm Beach County for cost estimates for the relocation of the traffic signal at the northwest corner of N.W. 5th and Atlantic Avenues. Said motion was seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5-0 vote. 9.I. Appointment to the Occupational License Equity Study CQmmi$~ion. Appoint a fifth member to the Equity Study Commis- sion, with the appointment to be made by Commissioner Randolph. Mr. Randolph moved to appoint Charlotte Durante as a member of the Occupational License Equity Study Commission; seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -9- 8/24/93 9.J. South County Forum Steering Committee. Consider ap- pointing two Commission members to serve as primary and alternate members on the South County Forum Steering Committee. Mr. Ellingsworth moved to appoint Dr. Alperin and a staff member to be designated by the City Manager as a back-up alternate to serve on the South County Forum Steering Committee, 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. 9oK. Rehabilitation of Lawn Bowling Court/Veterans Park. Consider awarding the bid for rehabilitation of the Lawn Bowling Court at Veterans Park to Dutch Construction Company, via Change Order No. 3, in the amount of $10,210.71; with funding from 1992 Bond Anticipation Note - Veterans Park Redevelopment (Account No. 227-4126-572-61.63). Dr. Alperin moved approval of the award of bid for rehabilitation of the Lawn Bowling Court at Veterans Park to Dutch Construction Company, via Change Order No. 3, in the amount of $10,210.71; 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. I2. FIRST READINGS. 12,A, Ordinance No. 50-93~ An ordinance rezoning land pres- ently zoned RM (Multiple Family Residential - Medium Density) to PRD (Planned Residential District); said land being a portion of Tracts A and B, Lago Del Rey, and a portion of the Plat of Lago Del Rey, Plat II A, is before the Commission for consideration on FIRST Reading. If passed, public hearing will be held September 14, 1993. The City Manager presented Ordinance No. 50-93. 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 PRD (PLANNED RESIDENTIAL DEVELOP- MENT) DISTRICT; SAID LAND BEING A PORTION OF TRACTS A AND B, LAGO DEL REY, AND A PORTION OF THE PLAT OF LAGO DEL REY, PLAT II A, AS MORE PARTICU- LARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PRO- VIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -10- 8/24/93 In response to a question from Dr. Alperin, David Kovacs, Director of Planning and Zoning, stated that the associ- ated development plan for the property proposed to be rezoned represents a reduction in density from 28 units to 14 units. Dr. Alperin moved for the adoption of Ordinance No. 50-93 on First Reading, 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. 12.Bo Ordinance NO. 51-93. An ordinance amending Land Devel- opment Regulations Section 4.4.13(D) to add "wash establishments or facilities for vehicles" as a conditional use in the CBD (Central Business District) zoning district, is before the Com- mission for consideration on FIRST Reading. If passed, public hearing will be held September 14, 1993. The City Manager presented Ordinance No. 51-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4 . 4 . 13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENTS OR FACILITIES FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE DISTRICT, SUBJECT TO A LOCATIONAL RESTRICTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Although this was not a public hearing item, the Mayor opened the floor so that the Agent, who was unable to attend the Planning and Zoning Board's consideration of this issue, could address the Commission. Richard Schullman, operator of Express Car Wash, stated that there have been renovations made to the property, including traffic circulation improvements. The intent is to expand the car wash facility onto the property located immediately to the south, which was most.recently occupied by a car rental agency. However, the property is zoned CBD which does not allow car washes. As a non-conforming use, the car wash may not expand. Hence, the request to add car washes to the list of conditional uses in the CBD, which would provide a mechanism for the owner to apply for conditional use approval to expand his business. Jean Beer, Planning and Zoning Board Member, explained that the Planning and Zoning Board recommended denial of the text amendment to the LDRs because the Board felt that by allow- ing the change to accommodate an individual's request, thereby -11- 8/24/93 setting a precedent for other auto related uses to be able to expand within the Central Business District. Considerable discussion ensued. David Kovacs, Director of Planning and Zoning, emphasized that the consideration before the Commission is to decide either the use is an appropriate use to be enhanced, improved upon and made a vital part of the econo- my, or it is not. He suggested that the ordinance be adopted on first reading, thereby allowing time for the Commission to con- sider all comments prior to public hearing and final action, and to allow staff to further review any issues or questions raised at this time. Mrs. Smith moved for approval of Ordinance No. 51-93 on First Reading, with direction to the City Attorney and Planning Director to explore other options for accommodating the appli- cant's desires without modification to the LDRs; 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. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. !0, PUBLIC HEARINGS. 10~A~ Ordinance No. 49-93. An ordinance amending the Code of Ordinances relative to Occupational Licenses, is before the Commission for consideration on Second and FINAL Reading. 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. 49-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSI- NESS REGULATIONS", CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.02, "LICENSE REQUIRED" TO PROVIDE FOR LICENSES FOR PERMANENT BUSINESSES 6R BRANCH OFFIC- ES; BY AMENDING SECTION 110.03, "APPLICATION DATE; DATE LICENSE DUE AND PAYABLE", TO PROVIDE FOR PAYMENT DATES; AMENDING SECTION 110.04, "DURATION; EXPIRATION DATE", TO PROVIDE FOR AN EXPIRATION DATE FOR EACH LICENSE; BY REPEALING SECTION 110.07, "TRANSFER OF LICENSE", AND ENACTING A NEW SECTION 110.07, "TRANSFER OF LICENSE", TO PROVIDE FOR INCREASED FEES FOR LICENSE TRANSFERS; ADDING A NEW SECTION ll0.10(C) TO PROVIDE FOR CIVIL ACTION -12- 8/24/93 AND PENALTIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 49-93 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 for the adoption of Ordinance No. 49-93 on Second and FINAL Reading, 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.Bo Rssolution NO, 77-93. A resolution establishing a budget for the Stormwater Utility System; establishing rates for stormwater management assessments for each parcel within the benefited area, other than non-assessed property; providing for a public hearing, all in accordance with Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida, and relevant statutory authority; providing for the certification and adoption of the stormwater management assessment roll. The City Attorney stated that the subject resolution establishes the budget, sets the rates and provides for certifi- cation and adoption of the Stormwater Assessment Roll. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and Chapter 56 of the Code of Ordinances of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Resolution No° 77-93, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion 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. Prior to roll call, Mayor Lynch asked that the City Manager provide an update to the Commission on the status of the Stormwater master plan. 11. Comments and Inquiries on Non-Agenda Items, ll.A. City Manager's Response to Prior Public CQmments ~nd Inquiries. In response to an inquiry at the Commission's last Regular Meeting regarding prostitution in the area of N.W. 5th Avenue, the Manager stated that there have been 33 arrests in this area. Soliticing for prostitution is a misdemeanor and is -13- 8/24/93 addressed by a notice to appear in court and usually results in an immediate release from custody; thereby the offenders return to the same area where they were previously picked up. The City Manager stated that this is beyond the control of the Police Department and emphasized that the City is very concerned and is working very hard on trying to solve the problem. The Manager then responded to an inquiry relative to noise complaints registered at Westside Liquors, stating that staff was unable to discover any formal complaints but there have been four calls for noise complaints to the Police Department since March 1993; however, none of those calls were made by the individual who attended the Commission meeting. This individual had also complained about being disconnected during a call to the Police Department. Staff reviewed the tape recording of the call and the individual was put on hold so that information could be checked and he probably thought that the employee had hung up; however, he did call back and the call was completed. In response to an inquiry regarding the scheduling of several projects along Swinton Avenue, the Manager announced that the Swinton Avenue Beautification is scheduled for completion in January of 1994. Also, road improvements between N.E. 2nd and 3rd Streets (Bankers Row Project) are scheduled to be completed by February of 1994; and, the relocation of the historic struc- tures is scheduled for completion in December of this year. ll.B. From the Public. ll.B.1. Ms. Jean BeerJ Tropic BoulevardJ Delray Beach, who submitted to the Commission a suggested format in booklet form on the different boards and committees and what their functions are, stating that the City might want to consider doing something similar. ll.B.2. Mr. Arthur Jackel, Chairman of Unitgd Property Owners of Delray Beach, who spoke on the subject of crime in the city. He asked that the Commission join UPO and other civic organiza- tions in making a major effort to eliminate serious crime throughout Delray Beach and stated the need to strengthen the Police Department in order to accomplish this mission. He reit- erated his previous request that the Commission give serious consideration to funding the purchase of laptop computers for patrol officers, both as a good investment and as a first step toward helping to reduce crime. ll.B.3, Mr. George RQchford, 2129 $.W, ~5th Avenue, Delray Beach, who addressed the Commission with respect to the proposed millage and budget for FY 93/94, stating that he felt there is no valid fiscal reason to increase the tax rate from 7.15 mils and that this rate could be reduced if the Commission wished to do so. He spoke in support of reducing certain city services and the need for the Commission to make drastic readjustments within -14- 8/24/93 the operation of the city in order to hold the millage rate at current level. At this time the Commission returned to Item 12, FIRST READINGS, on the agenda. 12,C. 0r~inance No, 52-93, An ordinance adopting Comprehen- sive Plan Amendment 93-1, is before the Commission for considera- tion on FIRST Reading. If passed, public hearing will be held September 14, 1993. The City Manager presented Ordinance No. 52-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 93-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 93-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. David Kovacs, Director of Planning and Zoning, stated that this is the first of the two allowable Plan amendments that the city is permitted for each year. He gave an overview of the Plan amendment process and the changes proposed for incorporation at this time to keep the Comprehensive Plan current, including coordination with the 5-Year Schedule of Capital Improvements. Upon completion of review by the Department of Community Affairs, the city received notification of only two objections. To accom- modate one of the objections, the policy will be left as it was. As to the other, additional text will be inserted to create what DCA refers to as a 'measurable objective' Hence, with these two modifications and the change to the 5-Year Schedule to coincide with the capital budget, Plan Amendment 93-I as now presented is essentially the same document as was considered by the Commission at the transmittal stage. Mr. Kovacs then stated that an additional item had been requested and was considered by the Planning and Zoning Board~ that being a request to consider a change to the Land Use Desig- nation Matrix (within the Future Land Use Element) to make the R/T (Resort/Tourism) zone district consistent with the Transi- tional land use designation. On a 4 to 1 vote, the Planning and Zoning Board did not support inclusion of this additional item at this point in time. There was a consensus that it could be considered in Amendment 94-1. -15- 8/24/93 Mayor Lynch expressed concern about the possibility of a late request such as this being incorporated into the Plan amendment at the last minute. He discussed his feeling that the city has an established procedure for amending the Comprehensive Plan, including a public hearing process, they are allowed on a twice per year basis, and it would not be fair to the citizens to have something slipped in at the end. After discussion, it was the consensus of the Commission not to include the requested change relative to R/T zoning within Comprehensive Plan Amendment 93-1. Mr. Randolph moved for the adoption of Ordinance No. 52-93 on FIRST Reading as presented, seconded by Dr. Alperin. 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.D. Ordinance NO. 53-93, An ordinance adopting the new Official Zoning Map, is before the Commission for consideration on FIRST Reading. If passed, public hearing will be held on September 14, 1993. The City Manager presented Ordinance No. 53-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP; PROVIDING FOR THE MAINTENANCE THEREOF; 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. 53-93 on FIRST Reading, 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. 12,E, Ordinance No. 54-93. An ordinance amending the Land Development Regulations by amending Section 4.4.21, "Community Facilities (CF) District", Subsection (B), by adding "Cemeteries" as a principal use, and by amending Section 4.4.22, "Open Space (OS) District", Subsection (B), by deleting "Cemeteries" as a principal use, if before the Commission for consideration on FIRST Reading. If passed, public hearing will be held September 14, 1993. The City Manager presented Ordinance No. 54-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.21, "COM- -16- 8/24/93 MUNITY FACILITIES (CF) DISTRICT", SUBSECTION (B), BY ADDING "CEMETERIES" AS A PRINCIPAL USE; BY AMENDING SECTION 4.4.22, "OPEN SPACE (OS) DIS- TRICT'', SUBSECTION (B), BY DELETING "CEMETERIES" AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. David Kovacs, Director of Planning and Zoning, gave an overview of the history on the proposed ordinance. He explained that in response to an inquiry about the potential for establish- ing a cemetery on property zoned CF (Community Facilities), it was determined that the use was not accommodated in that zoning district, but is accommodated in the Open Space (OS) district. It was also noted that the municipal cemetery is currently zoned CF and, therefore, is a non-conforming use. Because of this situation, the item was taken to the Planning and Zoning Board for a "similarity of use" determination that would accommodate a cemetery as a principal use in the CF district. While the Board was supportive of adding cemeteries to the CF district, they declined to use the similarity of use process and instead recom- mended that the Land Development Regulations be amended to for- mally add "cemeteries" as a principal use in CF and delete the use from the Open Space district. After discussion, Mrs. Smith moved for the adoption of Ordinance No. 54-93 on FIRST Reading, seconded by Mayor Lynch (who passed the gavel to Vice-Mayor Ellingsworth in order to second the motion). Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - No; Mr. Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 13. Comments and Inquiries on Non-Agenda Items. 13,A. City Commission. 13.A.i. Mrs. Smith thanked Commissioner Ellingsworth for his participation with the Habitat for Humanity project. Mrs. Smith thanked Mr. Terrence Hopkinson for his role in the summer tennis program at Pompey Park, stating that he had done a wonderful job and she hoped that the city would be able to incorporate this program into next year's plans. Mrs. Smith stated that she had been contacted by a number of people (both businesses and residents) about the ap- proaching deadline of October 1st with respect to the beautifica- tion ordinance and bringing properties up to the minimum require- ments. The economic recession has had a very serious impact on many people and businesses, and it will create a real burden if they are forced to spend their money on landscaping right now as opposed to other things. Mrs. Smith requested that the Commis- -17- 8/24/93 sion consider looking at this situation to see if some kind of relief can be provided before the deadline arrives. After discussion, it was the consensus of the Commis- sion to review this matter at a workshop meeting to consider whether the deadline should be extended or some other kind of appropriate action. 13.A.2, Dr. Alperin commented that he felt it would be helpful if some kind of an introductory or orientation program were to be provided for the chairmen of the various boards and committees to assist them in understanding how to properly run their meetings. 13.A.3. Mr. Ellingsworth had no comments. 13,A~4~ Mr. Randolph had no comments. 13.A.5. Mayor Lynch reminded everyone of the budget workshop scheduled for Wednesday, August 25, 1993, at 6:00 p.m. in the First Floor Conference Room. Mayor Lynch asked that staff look closely at the proce- dure involved with adoption of Comprehensive Plan amendments so that there are no loopholes which would allow for items to be included at the last minute without having gone through the overall public hearing and review process. 13.B. City Attorney. Ms. Ruby advised the Commission that her office has been contacted by counsel representing Auburn Trace in their efforts to refinance certain of their mortgages. The City had previously entered into a subordination agreement in the amount of $2 million as it related to one of the mortgages and the restructuring of their mortgages would render the City subordinate to only $1,765,000. While in the City's favor, this is still a change to the subordination agreement. Ms. Ruby asked for a consensus from the Commission if this change would be acceptable. It was the consensus of the Commission to accept the change as outlined by the City Attorney. 13.C. City M~n~ger. The City Manager distributed information to the Commission relating to the budget workshop scheduled for August 25, 1993, as follows: (1) Comparative study of property tax information for Delray Beach, Boynton Beach and Boca Raton, both for the current budget and the proposed budget; together with a comparative study of monthly taxes and fees per household for FY 92/93 for the three cities; (2) Summary of staffing levels for the various City departments for fiscal years 89/90 through proposed 93/94; and (3) Proposed Fiscal 93/94 Budget Alternatives to reduce the tax levy to 8.0 mills or less. In this regard, the City Manager stated that with the money the City will receive from the gas tax, we can come down to about 8.1 mills; to get down to 8.0 mills, we need roughly $315,000 in either additional revenues or additional cuts. The alternatives proposed are not necessarily being recommended, but if additional cuts need to be -18- 8/24/93 made the items proposed could be considered and would have the least effect on service or the least disruption to existing staff. A brief review and discussion followed. There being no further business, Mayor Lynch declared the meeting adjourned at 8:15 p.m. J'City ~e~k 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 August 24, 1993, which minutes ~ere formally approved and adopted by the City Commission on ~x~/r~Lo /~ /~3 . ! .... ~ity Clerk 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. -19- 8/24/93