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09-28-93 SEPTEMBER 28, 199$ A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Ken Ellingsworth in the Commission Chambers at City Hall at 6:03 P.M., Tuesday, September 28, 1993. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Absent - Mayor Thomas E. Lynch Also present were - City Manager David T. Harden and City Attorney Susan A.Ruby The opening prayer was delivered by Reverend Ted Bush of The First Presbyterian Church. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda approval. Vice Mayor Ellingsworth noted that there were two changes to the agenda. Consent Agenda Item 8.Y was amended to remove Amtrust and Barnett Bank from the CRA loan program; and, an addition to the Regular Agenda, Item 9.K. Dr. Alperin moved approval of the agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 5, Dr. Alperin moved approval of the Minutes of the Spe- cial Meeting of September 7, 1993 and the Regular Meeting of September 14, 1993, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 - 0 vote. 6. Proclamations: 6.A, Vice-Mayor Ellingsworth read and presented a proclama- tion proclaiming the week of September 17, 1993 as Constitution Week, commemorating the 206th anniversary of the signing of the Constitution providing an historic opportunity for all Americans to realize the achievements made during this period. Mrs. Alice Byrnes, Regent Daughters of the American Revolution, came forward to accept the proclamation. 6.B. Mr. Randolph read and presented a proclamation pro- claiming the week of October 3 through October 30, 1993 as Red Ribbon Week, urging a united effort of the community members to demonstrate their commitment and support by a wearing a visible statement (red ribbon). 6.C. Mrs. Smith noted that the City of Delray Beach recog- nizes Chicken of the Sea for its leadership in sponsoring and promoting SWOOPE (Students Watching Over Our Planet Earth) which is an educational program and science awareness for students from kindergarten through high school. 6.D. NatiQn~l Physical Therapy Month - Octo~Qr 1993. Dr. Alperin read and presented a proclamation proclaiming the month of October 1993 as National Physical Therapy month. 6.E. Heritage Month - October 1993. Mrs. Smith read and presented a proclamation proclaiming the month of October 1993 as Heritage Month, recognizing the community's ethnic diversity and historic environment. Clay Wideman and Michael Weiner came forward to accept the proclamation. 7, Presentations: 7.A, Government Finance Officers Association - Award O~ Financial Reportinq Achievement - Milena L. Walinski. Assistant Finance Director Vice-Mayor Ellingsworth stated that Ms. Walinski was not able to be present tonight to accept the Award of Financial Reporting Achievement. He noted that this is the highest award presented by the Government Finance Officers Association for those individuals instrumental in their government's annual financial reports. Mr. Joe Safford, Finance Director, came forward to accept the award for Ms. Walinski. 8. Consent Aqenda: City Manaqer recommends approval, 8.A, RESOLUTION NO. 84-93: A resolution recognizing and commending James H. "Gunny" Thornton for 20 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 84-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JAMES H. THORNTON FOR TWENTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 84-93 is on file in the offi- cial Resolution Book) -2- 9/28/93 8 B. RESQLUTION NO. 47-93/AGREEMENT WITH METROPOLITAN PLAN- NING ORGANIZATION: A resolution authorizing the execution of an interlocal.agreement by and between the local member entities as named therein and the Florida Department of Transportation, for the purpose of creating and establishing a Metropolitan Planning Organization for the West Palm Beach urban study area. The caption of Resolution No. 47-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE LOCAL MEMBER ENTITIES AS NAMED THEREIN AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE PURPOSE OF CREATING AND ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION (MPO) FOR THE WEST PALM BEACH URBAN STUDY AREA; PROVIDING AN EFFECTIVE DATE (Copy of Resolution No. 47-93 is on file in the offi- cial Resolution Book) 8.C. RESOLUTION NO. 86-93: A resolution recognizing City Government Week, October 3 through October 9, 1993, and encourag- ing all citizens to support the celebration and corresponding activities. The caption of Resolution No. 86-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 3 THROUGH OCTOBER 9, 1993, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. (Copy of Resolution No. 86-93 is on file in the offi- cial Resolution Book) 8.D. RESOLUTION NQ, 9~-9~; A resolution encouraging the Florida Legislature, the Cabinet and the appropriate State Agen- cies and Departments to take steps to limit and reduce the cost increases of Workers' Compensation Insurance coverage. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING THE FLORIDA LEGISLATURE, THE CABINET AND THE APPROPRIATE STATE AGENCIES AND DEPARTMENTS TO TAKE STEPS TO LIMIT AND REDUCE THE COST INCREASES OF WORKERS' COMPENSATION INSURANCE COVERAGE. -3- 9/28/93 (Copy of Resolution No. 95-93 is on file in the offi- cial Resolution Book) ~.E. MQDIFI~ATION NO. 3 TO THE AGREEMENT WITH PEROXIDATION SYSTEMS. INC.: Approve a modification to the contract with Peroxidation Systems, Inc. which extends the agreement for a six (6) month period from September 30, 1993 until March 31, 1994, in the amount of $13,333 per month, with funding from Water and Sewer Chemicals (Account No. 441-5144-536-52.21). 8,?. CONTRACT FOR LEGISLATIVE LOBBYING SERVICES: Approve the contract for legislative lobbying services with Kathleen Daley and Associates, Inc. for the period October 1, 1993 through September 30, 1994, in the amount of $52,800, with funding from City Commission - Other Contractual Services (Account No. 001-1111-511-34.90). 8,G. ADDENDUM NO. 4 TO THE LEASE AGREEMENT WITH BUCKY DENT BASEBALL SCHOOL: Consider an addendum to the agreement with Bucky Dent Baseball School which provides for new responsibili- ties and obligations regarding maintenance of the fields at Miller Park, and the construction of a major league baseball field and multipurpose auxiliary field at Miller Park. 8.H. APPROVAL OF TEMPORARY USE PERMIT/ANNUAL SIDEWALK SALE: Approve a temporary use permit for the Atlantic Avenue Associa- tion in conjunction with the Annual Sidewalk Sale to be held along Atlantic Auenue between 1-95 and A-1-A on October 29 and 30, 1993. 8.I. APPROVAL OF TEMPORARY USE pERMIT/ART AND JAZZ ON THE AVENUE: Approve a temporary use permit for the Downtown Joint Venture to allow vendors to utilize public sidewalks and Veterans Park on October 28, 1993, for Art and Jazz on the Avenue. 8.J. SPECIAL EVENT PERMIT AND APPROVAL Q~ NQNEXCLU$IVE LICENSE CONTRACT: Approve a Sister Cities sponsored Kite Festi- val to be held on October 9, 1993 from 1:00 P.M. to 4:00 P.M. on the Municipal Beach and enter into a nonexclusive license con- tract with Brighton Kite Company which allows them to sell kites from the beach pavilion during the Festival. 8.K. APPROVAL OF COLLECTIVE BARGAINING AGReEMENT/POLICE BENEVOLENT ASSOCIATION: Ratify the collective bargaining agree- ment with the Police Lieutenants as represented by the Police Benevolent Association. 8.L. AUTHORIZATION TO SUBMIT GRANT APPLICATION/FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida Recreation Development Assistance Program for funding in the amount of $100,000 to be used to replace the municipal swimming pool, bathhouse and restrooms at Pompey Park. -4- 9/28/93 8.M. GRANTING OF EASEMENT: Grant a 12-foot utility easement along the south boundary of the Delray Beach Municipal Golf Course extending approximately 130 feet eastward from Homewood Boulevard to Florida Power and Light in order to provide electri- cal service to the raw water wells proposed at the corner of Homewood and Lowson Boulevards. 8.No ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed from the property owners at 1002 Lewis Cove in conjunction with the installation and maintenance of a storm drainage system which runs along the north six feet of their property. 8.0. APPROVAL OF HOLD HARMLESS AGREEMENT: Approve a hold harmless agreement from the property owners at 1028 West Atlantic Avenue to permit the installation of a grease trap in the City's right-of-way. 8.P. SETTLEMENT OF NUISANCE ABATEMENT LIEN$/120~-1299 $,W. 4TH AVENUE: Reject an offer in the amount of $200 to settle nui- sance abatement liens on property located at 1205-1295 S.W. 4th Avenue in the amount of $534.38 and authorize staff to make a counter offer in the amount of $267.19. 8.0. SETTLEMENT OFFER: Accept an offer of settlement in the Graham/White vs the City of Delray Beach. 8.R. EMPLOYEE SUGGESTION PROGRAM: Approve the Administra- tive Policy which establishes the Employee Suggestion Program. 8.S. CHANGE ORDER NO. 1 AND REQUEST FOR FINAL PAY- MENT/ASPHALT CONSTRUCTION OF PALM BEACH, INC: Approve a change order in the amount of $218.75 to the contract with Asphalt Construction of Palm Beach, Inc. for final as-built plus/minus adjustments for the Cemetery Road project and approve the request for final payment in the amount of $731.15, with funding from 1987 Utility Tax - Cemetery Entrance Road (Account No. 333-4511-539-61.39). 8,T. CHANGE ORDER NO. 2 AND REOUEST FOR FINAL PAY- MENT/ASPHALT CONSTRUCTION OF PALM BEACH, INC.: Approve a deduct change order in the amount of -$6,343.35 to the contract with Asphalt Construction of Palm Beach, Inc. for final as-built plus/minus adjustments to the S.D. Spady Access Road and Lake Ida Retention Area projects; and the request for final payment in the amount of $5,801.72, with funding from Stormwater Utility Fund - Northwest Drainage (Account No. 448-5411-538-62.11). 8.U. RESOLUTION NO. 88-93: A resolution assessing the costs for abatement action necessary to demolish an unsafe structure on property located at 34 N.W. 3rd Avenue. The caption of Resolution No. 88-93 is as follows: -5- 9/28/93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN 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 OF NOTICE. (Copy of Resolution No. 88-93 is on file in the offi- cial Resolution Book) 8.V. RESOLUTION NO. 89-93: A resolution assessing the costs for abatement action necessary to demolish an unsafe structure on property located at 415 N.W. 2nd Street. The caption of Resolution No. 89-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN 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 OF NOTICE. (Copy of Resolution No. 89-93 is on file in the offi- cial Resolution Book) 8.W. RESOLUTION NO. 90-93: A resolution assessing the costs for abatement action necessary to remove nuisances from four (4) properties located within the City. The caption of Resolution No. 90-93 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 -6- 9/28/93 ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 90-93 is on file in the offi- cial Resolution Book) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT$~ Approve agreements which provide for the distribution of Communi- ty Development Block Grant Funding with MAD DADS, South County Boys and Girls Club and the Community Child Care Center. 8.Y. COMMUNITY REDEVELOPMENT AGENCY SUBSIDIZED LOAN AGREE- MENT: Approve subsidized loan agreements with the Community Redevelopment Agency and Banyon and Equity Banks for participa- tion in the CRA's interest free loan program. 8.Z. CORRECTION OF FUNDING SOURCE - CHANGE ORDER NO, 3/DUTCH CONSTRUCTION COMPANY: Correct the funding source approved at the August 24, 1993 Regular Meeting for Change Order No. 3 to the contract with Dutch Construction Company in the amount of $10,210.71 from 1992 Bond Anticipation Note - Veterans Park Redevelopment (Account No. 227-4126-572-61.63) to Decade of Excellence Bond Issue - Veterans Park Redevelopment (Account No. 225-4126-572-61.63). 8.AA. AWARD OF BIDS AND ~0NTRACT$: 1. Workstations and Furniture - Fire Station Headquar- ters - J.C. White Office Products (Groups 1, 3, and 4) in the amount of $30,799.70 and Joyce Office Products (Group 2 in the amount of $1,986.50), with funding from 1992 Bond Anticipation Note - Central Fire Station (Account No. 227-2311-522-61.56). 2. Chemicals and Fertilizers - Annual Contract - Various vendors in the estimated annual amount of $132,589.81, with funding from Gardening Supplies (Various Departmental Account Nos. XXX-XXXX-XXX-52.26). 3. Gas and Diesel Fuel - Garage - Various Vendors (via Palm Beach County Co-op bid) in the estimated annual amount of $171,463.38 with funding from Garage Invento- ry - Fuel (Account No. 501-3311-591-52.51). -7- 9/28/93 4. Scott Paks (16) - Highland Beach Fire Facility - Safety Equipment Company in the amount of $27,152 with funding from Highland Beach - Other Machinery (Account No. 115-2313-522-64.90). Dr. Alperin moved to approve the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9. Regular Agenda: 9,A. REVIEW QF 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 September 13, 1993 through September 24, 1993. Dr. Alperin moved to accept the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice- Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9. B. REOUEST FOR CONDITIONAL USE MODIFICATION; Consider a request for conditional use modification from Sutton Chapel Church of God in Christ located at the southeast corner of S.W. 4th Avenue and S.W. 2nd Street, associated with the expansion of their parking area. Planning and Zoning Board recommends approv- al. Mr. Kovacs, Planning Director, stated that the church had received conditional use approval for the establishment of a building and attendant parking lot in 1980; however, the parking lot was not constructed. Thus, the request is before the Commis- sion for expansion of the site onto Lots 10 and 11 and the con- struction of the expansion of parking, along with landscape improvements. Mr. Randolph moved for approval of the conditional use modification, seconded by Dr. Alperin. Upon roll call the Com- mission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.Co MODIFICATION OF LANDSCAPE SCHEDULE AGREEMENT/LAKE IDA CHURCH OF CHRIST: Consider amending the Landscape Installation Schedule contained in the agreement with Lake Ida Church of Christ. City Manager recommends approval. Lula Butler, Community Improvement Director, explained that the church has indicated that there have been some problems with outstanding bills for subcontractors; however, it is -8- 9/28/93 anticipated that as a result of fund raising efforts, these outstanding debts will be able to be met. In response to questions regarding the time frame of Phase I, Ms. Butler stated that there is a temporary Certificate of Occupancy, some minor landscaping has been installed and that completion of all three phases is anticipated by April, 1994. Mrs. Smith moved approval of amendments to Section 1 of the Agreement with the Lake Ida Church of Christ, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9,D. REOUEST FQR WAIVER OF LANDSCAPE REOUIREMENTS/CHECKERS: Consider a request from Checkers located at the southwest corner of West Atlantic Avenue and S.W. 5th Avenue for a waiver of Land Development Regulation Section 4.6.16 (H)(3)(d). Site Plan Review and Appearance Board recommends approval. Mr. Randolph moved approval of the request for a waiver of Land Development Regulation Section 4.6.16 (H)(3)(d), seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.E. SWINTON AVENUE BEAUTIFICATION PROJ~GT: Consider the plans and budget for the Swinton Avenue Beautification project. Vice-Mayor Ellingsworth complimented the Swinton Avenue Beautification Task Team on its work in beautifying 3 1/2 miles with the amount of funds which were provided. The City Manager stated that he has had discussions with Parks and Recreation relative to the necessity of tree trimming as he felt that this type of maintenance could be done annually rather than twice a year. In regard to the landscape areas within the Historic District, there has been some discus- sion of creating a Safe Neighborhood Task Team to help in the cost of landscaping, irrigation, fertilization and chemical applications. This issue will be placed on the Commission's next workshop agenda. He added that the estimated cost is approxi- mately $7,500/year or less to offset the maintenance costs with the possibility of some of the cost to be paid back by the abut- ting property owners. Also, a source of funding has been identi- fied under the Decade of Excellence Bond Issue Neighborhood Improvement for the area from Atlantic Avenue to North 2nd Street. Dr. Alperin moved for approval of the plans and budget for the Swinton Avenue Beautification Project, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice- Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. -9- 9/28/93 9,F, REOUEST FOR CONDITIONAL USE APPROVAL: Consider a request for conditional use approval to establish a monument and ornamental stone cutting operation in the MIC (Mixed Industrial Commercial) zone district at a site located north of N.W. 1st Street, between the CSX Railroad and N.W. 18th Avenue. Planning and Zoning Board recommends approval, subject to conditions. David Kovacs, Planning Director, stated that this item appeared before the Planning and Zoning Board on September 30, 1993 at which time the conditional use was approved subject to numerous conditions° He emphasized that an item of significance relative to proceeding with a schedule for site improvements is that as part of the site plan approval, which is to follow, a detailed schedule be approved by the SPPd%B along with the appli- cant's written acknowledgement of Condition (G). Dr. Alperin moved approval of the conditional use request, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.G. PARKING MANAGEMENT TEAM REPORT: Consider the report from the Parking Management Team with respect to in-lieu of fees and parking regulations in the CBD (Central Business District) zone district. Mr. Randolph moved to accept the report and refer this item to the Planning and Zoning Board for recommendation, second- ed by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.H. STATUS REPORT LAKE IDA ROAD IMPROVEMENT PROJECT; Receive and file the status report on the Lake Ida Road Improve- ments. Ralph Hayden, City Engineer, pointed out that the City is not trying to acquire additional right-of-way and that he will be meeting with the Palm Beach County Traffic Division to discuss the details for construction, funding and landscape medians. In response to Vice-Mayor Ellingsworth's inquiry re- garding the timeframe for construction, Mr. Hayden explained that the plans will have to be revised and approved and then will have to go through the bidding process. He anticipated that it would take a minimum of six months to at least a year before construction begins. Mrs. Smith moved to file and accept the report, second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor -10- 9/28/93 Ellingsworth; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.I. CHANGE ORDER NO, 1/CHAZ EOUIPMENT COMPANY. INC.: Consider a change order in the amount of $76,667.70 to the con- tract with Chaz Equipment Company, Inc. for drainage revisions on Lowery Street and Basin Drive, additional curbing on S.E. 5th Street and to lower the depth of the storm drainage system of Salina Avenue. City Manager recommends approval. The City Engineer explained that the change order is a request for additional work in this particular area. There are preliminary design plans for storm water pumping stations on the barrier islands. The road plans are being modified so that drainage will be blocked off Lowery Street, down Basin Drive and into the Intracoastal. This modification is also proposed for Nassau Street. The residents on S.E. 5th Street requested the additional curbing. It was suggested by the City Manager that this item be delayed until such time that the plans for the beautification are finalized. Mr. Randolph expressed concern regarding the lowering of the depth of the storm drainage system on Salina Avenue and inquired if necessary documentation and demographics could be provided so that in future years this type of problem will be documented. Mr. Hayden responded that the elevations will be marked up on all the plans and retained for future reference. Dr. Alperin moved to approve Change Order No. 1/Chaz Equipment Company, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9oJ. PRELIMINARY OFFICIAL STATEMENT/DECADE OF EXCELLENCE BOND ISSUE PHASE II: Authorize the Mayor or his designee to deem the Preliminary Official Statement final as recommended by staff and bond counsel and to do all things necessary in conjunction with the second issue of Decade of Excellence General Obligation Bonds. Dr. Alperin moved to approve the Preliminary Official Statement final, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9,K. 1993 DECADE OF EXCELLENCE BOND ISSUE; (Addendum Item) Approve services in conjunction with the 1993 Decade of Excel- lence Bond Issue: First Union Bank as Paying Agent/Registrar in. -11- 9/28/93 the amount of $9,932; Allied Printing, Inc. as printed in the amount of $3,296; BDO Seidman as Verification Agent in the amount of $2,100; and Mudge, Rose, Guthrie, Alexander and Ferdon as Bond Counsel. The City Manager stated that the item under considera- tion is to award bids for services in connection with the Pro- posed General Obligation Bond Issue. Dr. Alperin moved approval of services in conjunction with the 1993 Decade of Excellence Bond Issue, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed with 4 to 0 vote. 9.L. SERVICE AUTHORIZATION NO. 5/DAVID MILLER AND ASSOCI- ATES: Consider a service authorization in the amount of $1,000 for architectural services to prepare preliminary site and floor plans for Fire Station No. 3, with funding from Decade of Excel- lence Bond Issue Phase 2 - Fire Station No. 3 (Account No. 228-2311-522-61.59). City Manager recommends approval. Mr. Randolph moved approval for Service Authorization No. 5/David Miller and Associates, seconded by Mrs. Smith. The Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.M. SERVICE AUTHORIZATION NO, 6/DAVID MILLER AND ASSOCI- ATES: Consider a service authorization in the amount of $800 for architectural services to prepare preliminary site and floor plans for Fire Station No. 4, with funding from Decade of Excel- lence Bond Issue Phase 2 - Fire Station No. 4 (Account No. 228-2311-522-61.60). City Manager recommends approval. Mrs. Smith moved approval of Service Authorization No. 6/David Miller and Associates, seconded by Mr. Randolph. The Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9oNo APPOINTMENT TO THE PUBLIC EMPLQYEE$ RELATIONS COMMIS- SION: Appoint a member to fill the managerial representative position of the Public Employees Relations Commission created by the resignation of Leonard Syrop to a term ending January 29, 1994. Dr. Alperin moved to appoint Mr. Armand Mouw to fill the managerial representative position of the Public Employees Relations Commission to a term ending January 29, 1994, seconded by Mr. Randolph. The Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. -12- 9/28/93 9.0. RESOLUTION NO. 91-93: A resolution authorizing the issuance of not exceeding $10,000,000 Decade of Excellence Gener- al Obligation Refunding Bonds, Series 1993B. City Manager recom- mends approval. The City Manager presented Resolution No. 91-93 as follows: A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993 B, OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING THE FORM AND TERMS OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM A TAX ON ALL TAX- ABLE PROPERTY IN THE CITY OF DELRAY BEACH; PROVIDING FOR THE RIGHTS, REMEDIES AND SECU- RITY OF THE HOLDERS OF THE BONDS; PROVIDING FOR CERTAIN OTHER MATTERS DEEMED NECESSARY AND PROPER IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 91-93 is on file in the offi- cial Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 91-93, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 12, Fir~ Readings; 12.A. ORDINANCE NO. 51-93: An ordinance amending the Land Development Regulations by amending the CBD (Central Business District) Zone District to allow car washes as a conditional use. If passed, public hearing October 20th. 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", SUBSECTION (D), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENT FOR VEHICLES" AS A CONDITIONAL USE WITHIN THE ZONE DISTRICT, SUBJECT TO CERTAIN RESTRIC- TIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -13- 9/28/93 Mr. Kovacs, Planning Director, stated that this item was considered at the Regular Meeting of September 14th at which time the Commission directed that the proposed ordinance be redrafted. He then highlighted several items of significance. Dr. Alperin stated that he was not opposed to the proposed use on this particular parcel but disagreed with the concept of changing the zoning to accommodate one use and could not support the request. Mr. Randolph did not have a problem with the minimum lot size and the proposed automated wash system; however, he was concerned about vehicles exiting the property. He supported the conditional use request, as he felt that the proposal would be an asset to the site as opposed to how it looks at the present time. Mrs. Smith moved for the adoption of Ordinance No. 51-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Vice-Mayor Ellingsworth - Yes. Said motion passed by a vote of 3 to 1o 12.B. ORDINANCE NO. 59-93: An ordinance amending the Land Development Regulations by amending Section 4.3.3, "Special Requirements for Specific Uses", by deleting Subsection (S), "Junkyards", in its entirety; by amending Section 4.4.20, "In- dustrial (I) District", by deleting reference to Section 4.3.3 (S). Planning and Zoning Board recommends approval. If passed, public hearing October 12th. The City Manager presented Ordinance No. 59-93: AN ORDINANCE OP THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE ~ODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIRE- MENTS FOR SPECIFIC USES" BY DELETING SUBSEC- TION (S), "JUNKYARDS", 'IN ITS ENTIRETY; BY AMENDING SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", SUBSECTION 4.4.20(D)(10), BY DELETING REFERENCE TO SECTION 4.3.3(S); PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECT DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for adoption of Ordinance No. 59-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a vote of 4 to 0. -14- 9/28/93 12.C. ORDINANCE NO. 60-93: An ordinance amending the Land Development Regulations by amending Section 4.6.6, "Commercial and Industrial Uses to Operate Within A Building", to provide for the consolidation of regulations regarding allowable outside uses and outside storage; amending Section 4.4.19, "Mixed Industrial and Commercial (MIC) District, Section 4.4.20, "Industrial (I) District", Section 4.4.21, "Community Facilities (CF) District, and Section 4.4.25, "Special Activities District (SAD), all to provide for uniform application of regulations regarding allow- able outside uses. Planning and Zoning Board recommends approv- al. If passed, public hearing October 12th. The City Manager presented Ordinance No. 60-93: 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 ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.6.6, "COMMERCIAL AND INDUSTRIAL USES TO OPERATE WITHIN A BUILD- ING'', TO PROVIDE FOR THE CONSOLIDATION OF REGULATIONS REGARDING ALLOWABLE OUTSIDE USES AND OUTSIDE STORAGE; BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTIONS (C) AND (G), SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTIONS (C) AND (G), AND SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD)", APPLICATION OF REGULATIONS REGARDING ALLOWABLE OUTSIDE USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The Planning Director explained that the purpose of this ordinance is to clarify language regarding the existing provisions for allowable outside uses. He pointed out that there is not a clear definition of a "rear" yard and that the original intention is for storage to be behind buildings so that it could not be viewed from the front. The proposed language would re- strict storage from setback areas only. Mrs. Smith moved for adoption of Ordinance No. 60-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Comments and Inquiries on NQn-Ag~n~ Items from the Public. -15- 9/28/93 ll.A. City Manager's response to prior public comments and inquiries. 1) The City Manager stated at the last meeting there were a number of businessmen, particularly those located in the southeast section of the City, who expressed concerns with the landscaping standards and the economic impact related to compli- ance with the 1993 minimum Code requirements. The Community Improvement Director met with Mr. Dudley Remus, 114 S.W. 2nd Street, on Friday, September 17th to address his concerns. We believe we were able to resolve his concerns to his and the City's satisfaction on the minimum improvements needed for his property to be in compliance with the Landscape Code. There was also discussion on the area, as a whole, and staff time has been committed to each of the individual property owners he represent- ed. We are currently in the process of making individual ap- pointments with each of the people who appeared here and those who were represented by Mr. Remus. We will provide you with a further status report as soon as we have met with the majority of the property owners within this affected area. The City Manager stated there were also comments from some of the same persons about the drainage and the pavement conditions on SoW. 2nd Avenue. Southwest 2nd Avenue is a part of the Decade of Excellence Bond Road Reconstruction projects cur- rently scheduled to be advertised in January of 1994 and, if all goes according to plan, construction should begin in the Spring. Southwest 2nd Avenue will be reconstructed with drainage improve- ments from Atlantic Avenue to S.W. 4th Street. In response to another complaint about crime in the area, the City Manager commented that Mr. Knuth reported that over the last three years, he had reported one instance of theft from an auto wherein a car battery was taken from one of his vehicles. Mr. Gibson reported vandalism that had the appearance of an attempted burglary, but entry was not gained. Police records showed no other activity at these two locations. With regard to the overall crime situation in the area, the City Manager stated there has been a slight increase in crimes reported within Patrol Zone 9 during this year, which is the area where these persons reside. We are currently focusing intentions and resources in several patrol zones that have shown increased activity, including Patrol Zone 9. lI.A.2. Joe Safford, Finance Director, stated there was also a question during the meeting regarding water rates in Ft. Lauder- dale, and why water rates in the City of Delray Beach were so much higher, which prompted a look into the water rates in Ft. Lauderdale. The Delray Beach proposed water rates include a customer charge of $1.55, a capacity charge of $7.62 and a com- modity charge of $.99 from zero (0) to 3,000 gallons, $1.09 from 4,000 to 12,000 gallons and $1.20 from 13,000 to 20,000 gallons. Ft. Lauderdale has a base water rate of $6.65 and an inverted -16- 9/28/93 rate structure wherein they charge $.79 from zero (0) to 3,000 gallons and $1.26 for 4,000 gallons and higher. Since this was a single family residence of which the person was speaking, I made a comparison at 5,000, i0,000 and 15,000 gallons. At 5,000 gallons the Delray Beach bill would be $14.32 for water; in Ft. Lauderdale it would be $12.35. At 10,000 gallons Delray Beach would be $19.77; Ft. Lauderdale would be $19.25. Ironically, at 15,000 gallons, Delray Beach is $25.55 and Ft. Lauderdale is $25.55, so we are equal at 15,000 gallons. There was a question by another resident relative to living on the beach and whether the City could allow a special zone; and, in turn, whether this would be allowed by the South Florida Water Management. Upon a discussion with SFWM, they basically said that the City can do anything they care to regard- ing special zones. They do not have jurisdiction nor do they wish to have any jurisdiction over any zones within the City. We commented to them about prohibiting the residents from drilling wells and they do not understand how the City can legally prohib- it anyone from drilling a well. And, indeed the City has never prohibited the drilling of wells east of the Intracoastal. It is just a fact that east of the Intracoastal, you are on a salt water intrusion line and drilling a well is going to be of no help; also, the cost of putting it deep enough would be prohibi- tive. We do prohibit separate vegetation meters for single family residences in this zone. We also addressed the zone east of the Intracoastal when rates were discussed nearly two and one-half years ago and, instead of capping our sewer at 15,000 gallons, it was capped at 12,000 gallons to allow some compensa- tion for the residents who live on the beach area who do not have the availability of wells to sprinkle with. At this point, the time being 7:05 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10~, Public Hgaring$: 10.A. RESOLUTION NO. 92-9~; A resolution to levy a tax on all properties within the City of Delray Beach. City Manager recommends approval. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 92-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERA- TION, AND TO LEVY.A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTED- NESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. -17- 9/28/93 (Copy of Resolution No. 92-93 is on file in the offi- cial Resolution Book) The City Attorney read the entire resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Resolution No. 92-93, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. The City Manager announced that the City of Delray Beach has levied a tax of 8.7%. 10.B. RESOLUTION NO. 93-99: A resolution to levy a tax on all properties within the Downtown Development Authority Taxing District. City Manager recommends approval. Prior to considera- tion of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 93-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVEL- OPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLEC- TIONS THEREUNDER. (Copy of Resolution No. 93-93 is on file in the offi- cial Resolution Book) Assistant City Attorney Tolces read the entire resolu- tion. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for adoption of Resolution No. 93-93, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. The City Manager advised, on behalf of the Downtown Development Authority, the City Commission has adopted a property tax increase of 5.26%. 10.C. RESOLUTION NO. 94-93: A resolution making appropria- tions of sums of money for all necessary expenditures of the City -18- 9/28/93 from October 1, 1993 to September 30, 1994. City Manager recom- mends approval. Prior to consideration of passage of this reso- lution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 94-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPRO- PRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1993, TO THE 30TH DAY OF SEPTEMBER, 1994; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 94-93 is on file in the offi- cial Resolution Book) Assistant City Attorney Tolces read the caption of the resolution. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated that Budget Summary "Exhibit A" had been revised as presented to the Commission in the agenda packet for tonight's meeting and recommended that upon adoption of Resolution No. 94-93, "Exhibit A" be amended. The Manager recommended that the Commission consider an increase to the City's contribution to the Deaf Service Center from $4,000 to $6,000. He noted that the $2,000 increase is included in the budget proposal as presented. Mr. William Andrews suggested the following items be considered by the Commission: (1) Administrative Services: the Assistant City Manager spends a considerable amount of time on the Golf Course project and that his time be charged to the income of the City's Municipal Golf Course; (2) Planning and Zoning Department: that the Commission analyze the daily activi- ties of this department and its staff of 15 employees - at least $300,000 could be saved; and, (3) Parks & Recreation, Maintenance Division: additional staff for installing and maintaining land- scaping. Mr. A. Smith, Board Member/Volunteer for the Deaf Service Center of Palm Beach County, stated that the Commission has been very instrumental in helping the Center to be located in -19- 9/28/93 this area and that the Center is a vital part of the community. He expressed appreciation to the Commission for consideration of the proposed $2,000 increase in contribution. The public hearing was closed. Dr. Alperin expressed concern of the increased monies to the Deaf Service Center. Although he felt the Center is a benefit to the community, he suggested that the Commission should start weaning away from service related requests. Mrs. Smith supported the proposed budget as presented. Mr. Randolph also supported the proposal and commented that he favored the increase to the Deaf Service Center because of its services to this community. He felt that it is difficult to refuse such requests. Mr. Randolph moved for adoption of Resolution No. 94-93 with the amendment to "Exhibit A" as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. The City Manager responded to the three items raised by Mr. Andrews, as follows: (1) the Municipal Golf Course does pay the General Fund $30,000 for overhead support; (2) the amount of staff for the Planning and Zoning Department has been reduced from 15 to 13 employees for the next fiscal year; and (3) during the past year two employees were added to Parks and Recreation for beautification purposes. He stated that the points raised by Mr. Andrews relative to landscaping and maintenance should be kept in mind for projects such as the Swinton Avenue Beautifica- tion Project. 10.1. APPROVAL QF FIVE YEAR CAPITAL IMpRQVEMENT PROGRAM: Approve the 5-Year Capital Improvement Program for Fiscal Years 1993/94 through 1997/98. Mr. Alperin moved for approval of the Five Year Capital Improvement Program for Fiscal Years 1993/94 through 1997/98, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. IO.D. ORDINANCE NO. 52-93: An ordinance adopting Plan Amend- ment 93-1. Planning and Zoning Board recommends approval, sub- ject to conditions. 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. 52-93. -20- 9/28/93 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 THROUG~ 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 93-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 52-93 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 adoption of Ordinance No. 52-93, on Second and FINAL reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10,E. ORDINANCE NO. 55-93: An ordinance amending Chapter 52, "Water" of the Code of Ordinances to provide for miscellaneous text revisions, increasing water deposits for tenants, changing water rate structure to an inverted block schedule, and adding fees for various services. City Manager recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 55-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52,"WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 52.02, "DISCONTINUING SER- VICE AT REQUEST OF CUSTOMER", TO CLARIFY THE TERM "TEMPORARY"; BY AMENDING SECTION 52.15, "MINIMUM SIZE OF METERS", TO SEPARATELY SPECIFY METER SIZES REQUIRED AT PLACES OF BUSINESS AND TO REDESIGNATE THIS SECTION; BY AMENDING SECTION 52.31, "CONNECTION CHARGES", SUBSECTION (A), TO CLARIFY WHEN A WATER CONNECTION IS CHARGED; BY AMENDING SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT", TO PROVIDE FOR AN INCREASE IN DEPOSITS; BY AMENDING SECTION 52.34, "WATER RATES", SUB -21- 9/28/93 SECTION (B), "MONTHLY RATES", TO PROVIDE FOR AN INCREASE IN COMMODITY CHARGES BY METERED CONSUMPTION, BY ENACTING A NEW SUBSECTION (C), "EMERGENCY RATE ADJUSTMENT FOR WATER CONSERVATION", TO PROVIDE FOR A SURCHARGE DURING PERIODS OF MANDATED WATER RESTRIC- TIONS, BY REDESIGNATING SUBSECTIONS (C) AND (D) TO (D) AND (E); BY AMENDING SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED ON", TO ADD AN EXCEPTION; BY REDESIGNATING SECTION 52.37, "TEMPORARY USE; TAPPING CHARG- ES AND DEPOSIT", AS SECTION 52.38; BY REDESIGNATING 52.38, "SERVICE CHARGE FOR AFTER HOUR CALLS", AS SECTION 52.37 AND AMENDING IT TO ADD THE WORDS "IF APPLICABLE"; BY AMENDING SECTION 52.39, "OTHER FEES", BY ENACTING A NEW SUBSECTION (E), "METER REREAD CHARGE" TO PROVIDE FOR A SERVICE CHARGE FOR METER ~EREADS REQUESTED BY THE CUSTOMER, BY ENACTING A NEW SUBSECTION (F), "REMOVAL OF SERVICE LINE" TO PROVIDE FOR A CHARGE FOR THE REMOVAL Of A SERVICE LINE, BY ENACTING A NEW SUBSECTION (G), "REINSTALLATION OF A SERVICE LINE", TO PROVIDE FOR A CHARGE FOR THE REINSTALLATION OF A SERVICE LINE, AND BY ENACTING A NEW SUBSECTION (H), "DESTRUCTION OF METER AND/OR RELATED EQUIPMENT" TO PROVIDE FOR CHARGES IN THE EVENT OF DESTRUCTION OF A METER AND/OR RELATED EQUIPMENT; BY AMENDING SECTION 52.50, "RENDERING OF BILLS; WHEN PAYMENT DUE" TO DEFINE A BILLING CYCLE; BY AMENDING SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", SUB- SECTION (A), TO CLARIFY THE RECONNECTION CHARGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. 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. Sandy Almy, resident, felt that the proposed ordinance unfairly disadvantages those residents who have no option but to use City water for all their water usage. She pointed out that the idea behind the inverted rate schedule is to encourage water conservation; however, it does not do that for those individuals who use wells (since there are no regulations on wells) and therefore unfairly disadvantages those who have no option. She also felt the 7,000 gallon cut-off during times of water restric- tion is too low a figure and suggested that the inverted rate schedule should be revised. -22- 9/28/93 J~$n Beer, Tropic Isle, agreed with comments previously voiced and emphasized that in the Tropic Isle subdivision the average resident does not use below 7,500 gallons. She felt that if the South Florida Water Management District allows special water districts, then those areas that are unable to use wells due to salt water intrusion should be included. The City Manager explained that alternatives and dif- ferent approaches have been discussed; however, if special dis- trict were created there would be other inequities because there are so many different situations to consider (i.e. the size of the property, irrigation, quality of well water, etc.). The public hearing was closed. Dr. Alperin suggested that more information be supplied before the Commission takes formal action on this issue. Dr. Alperin moved to continue the public hearing of Ordinance No. 55-93 to the Regular Meeting of October 12, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 10,F. ORDINANCE NO. 56-93: An ordinance amending Chapter 54 "Sewers" of the Code of Ordinances to clarify the monthly custom- er charges where no water service is provided and to clarify the collection method of sewer service charges. City Manager recom- mends approval. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 56-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 54, "SEWERS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31, "CONNECTION CHARG- ES; EXCEPTION", TO CLARIFY WHEN A SEWER CONNECTION CHARGE MUST BE PAID; BY "SERVICE RATES AND CHARGES"; BY AMENDING SECTION 54.33, "TIME AND METHOD OF PAYMENT OF SERVICE CHARGE", TO CLARIFY THE COLLECTION METHOD OF SEWER CHARGE", TO CLARIFY THE COLLECTION METHOD OF SEWER CHARGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 56-93 is on file in the official Ordinance Book) -23- 9/28/93 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. The City Manager stated that staff recommends that this item be continued until October 12th as the Environmental Servic- es Department prefers a different method of calculating equiva- lent residential connections° Dr. Alperin moved to continue the public hearing on Ordinance No. 56-93 to the Regular Meeting of October 12, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. iO.G. ORDINANCE NO, 57-93; An ordinance amending Chapter 51, "Garbage and Trash" of the Code of Ordinances to provide for an increase in the rates for garbage, trash, recycling and separate vegetation collection services and to provide charges for commer- cial 90-gallon cart service. City Manager recommends approval. 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. 57-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDEN- TIAL SERVICE; TO PROVIDE FOR INCREASED GAR- BAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN IN- CREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR SEPARATE VEGETATION COLLECTION SERVICE; TO PROVIDE FOR CHARGES FOR 90-GALLON CART SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 57-93 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 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -24- 9/28/93 Mr. Arthur Jackel, resident, felt that the 3% increase for garbage and trash service is well in line with inflation and that the quality of service during the past ten years has been excellent. The public hearing was closed. Upon question by Dr. Alperin, Mr. Safford explained that the calculations were based upon the actual rate per indi- vidual property owner. Mr. Randolph moved approval of Ordinance No. 57-93 on Second and PINAL reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items: ll.B. From ~he Public. 1) Murray Burns stated, as he understands it, that all the subscribers of Leadership Cable are going to lose NBC, CBS and FOX Network by October 5, 1993, unless an agreement is reached. In addition, according to the contract Leadership has with the City, the City Manager is the coordinator and he questioned why the City is not involved on behalf of the citizens regarding the loss of these major channels. He was told the City Attorney's office handles this. He then spoke with City Attorney Ruby regarding the same question, who told him her office had not been asked to intercede. The City Manager responded that, in his discussion with Leadership Cable, he understands that the only channel with which there remains a problem is Channel 12 and negotiations are ongo- ing with the hope that something will be worked out. Mr. Burns repeated his question as to why the City is not involved, in that, the City approved the contract and, as the City Manager is coordinator, does not understand why the City is not protecting its citizens. The City Manager responded that on that particular issue, i.e., the implementation of various rules promulgated by the Federal Communication Commission, all the City can do is go to our Congressman and urge his intervention with the FCC and the Cable Act who started all this in motion in the first place. The City Attorney advised that she and the Mayor spoke with Channel 12 and their General Manager explained the problems he was having and what he was trying to do. The rules promulgat- ed by the FCC have certain "must carry" provisions and there is a choice; you either choose not to be carried by cable television or, if you want to be, there is a price that must be paid and some of the cable channels do not choose to pay a price to be -25- 9/28/93 included in the broadcast stations. This really is between those two parties, although citizens can have some clout or effect on the cable companies if they complain. The City Manager stated he will contact the people at Leadership Cable to verify what the situation is. His under- standing is that channels other than 12 have invoked the "must carry" rule and they have to be carried on Leadership Cable. The only channel that had invoked the other rule where the cable company would have to pay them, was Channel 12. The City Manager stated he hoped to have more complete information by tomorrow if anyone would like to call his office. 2) Mr. Burns stated there were small companies that were picking up trash around the City and he understands that this is against regulations. Another problem is that landscapers are dumping cuttings and trash at curbside and Waste Management is asking for an increase to offset this extra pickup. Code En- forcement has a hard time enforcing these acts of violation. 3) Charles Kline, 1030 Silk Oak Terrace, representing the Men's Golf Association as well as the Ladies' Golf Association, stated there are 330 members of the Delray Beach Golf Club. There are 369 prepaid memberships, so the two organizations represent almost 95% of the total membership. They recently had a meeting with the City Manager and Assistant City Manager Barcinski wherein issues were discussed that were disturbing to the membership. The one issue he would like to discuss tonight is in regard to holding the line on an increase in the fees for prepaid membership for the 1994 season, fees for lockers and the fees for bag storage. Carts are going to be in need of replace- ment within two or three years, which is an expensive issue. The representatives of the Golf Association agreed to an increase in carts to offset this cost. He recently learned the line wa~ held on the prepaid annual fees. However, it is his understanding that an increase in the fees for bag storage and lockers was necessary. He requested the Commission to hold the line in the bag~ storage area and locker area as they have in annual prepaid membership. He does not see what sense it makes to increase bag storage 20% in one year and another 5% in the following year when the same lockers are being dealt with. Mr. Kline continued by stating that last year Mr. Dubin had requested a $10 increase from $50 to $60, an increase of 20%. Many objected to the $60 fee and some paid and some did not. Those who paid, he understands, will receive a credit of $10 per person this year by honoring the new fee. Now, another 5% is being added. He compared Delray's fees with five other nearby municipalities and feels the Commission is wise not to increase fees for prepaid members, as Delray Beach is the highest of six surrounding municipalities at a cost of $787.50. They feel it is out of line, as a lot of senior citizens are involved. Their request is that the Commission reconsider and leave the fees the way they were last year. -26- 9/28/93 4) Arthur Jackel, Chairman of United Property Owners, stated he distributed an article that was published in the Sun Sentinel newspaper rating the cities of Palm Beach County with respect to crime. The only city with a worse record than that of Delray was West Palm Beach who has a much larger population. It seems the City is doing only a small fraction of what needs to be done. He feels that the Police Department must be strengthened, our County judicial system and jails improved and all our efforts to make our State laws stronger put to use. It will take an aroused citizenry to accomplish the above, not another bond issue. He hopes and trusts our elected leaders are up to this challenge. 5) William Andrews, 801 Palm Trail, commented that it is interesting that the City has another Commissioner that indepen- dently is coming before the Commission and speaking on the same issue - crime. Good citizens that founded this community, some of which are now reaching retirement age, are looking at new communities to move into. He feels the City has been fortunate to have escaped what is occurring in more of the metropolitan areas, but he would like the Commission to consider one thing tonight. When he sat on the Commission some years ago, everyone got together, upon growing tired of the school system and the way they were treating Delray, and an independent commission was appointed that got the job done. They had a forum, they met regularly, and followed up on those persons who were dropping the ball outside the Commission domain. The Police Department, as has been learned at the Citizen's Police Academy, are doing the best job they can. What he would not like to see is repeat offender incidents. He would like to see an independent crime commission formed who would look at solutions because solutions are different in every neighborhood. David Randolph has yelled and screamed, has been quoted over and over and has very valid points for his neighborhood. Mr. Andrews stated he has valid points for his neighborhood as well and it does not happen at a little neighborhood meeting on a Sunday afternoon where the Police officer comes out and says, "Gee, you ought to lock your doors, put three more dead bolts on and flood your backyard with lights." It does not work. He stated that he spent over $7,000 after the burglaries to his business to try and insulate his properties and still is not secure. Another thing that must be done is to follow the arrest results. We cannot have people let out of jail too soon. He stated he would like the City Lobbyist to pursue every House of Representative person to the point where she knows whether they are putting a bill up and earnestly fol- lowing it or just appeasing the residents at the local level. He feels it is a legislative problem and, even though it is a tough problem, it is no tougher than the victory realized with the School Board. He is looking forward to the Commission getting on with it. 6) Jean Be~r, Tropic Isle, commented that she agrees with Mr. Andrews and Mr. Jackel 100% and the legislative delegation is going to be here in November to have meetings. If Delray has any -27- 9/28/93 Grass Roots Movement Commission or whatever in Delray, there is no reason why there should not be a lot of citizens from Delray going to those legislative hearings and stating how they feel and insisting something be done on the State level. Those meetings consist of mostly bureaucrats wanting more money and there are very few people who get up and talk about the basic needs of the citizens. Ms. Beer stated she feels Cable Television is a monopo- ly in our City; they have never given their rate structure that was supposed to have been available. She stated she has yet to see what the changes are going to be in Leadership Cablevision, unless they have it on television. 8) Helen Coopersmi~h, resident, commented, with regard to Cable Television, that the only station that has it on every 15 minutes is Channel 12, who may not be a part of it. She does not feel there is anything to worry about. 9) Alice Finst, 707 Place Tavant, spoke again with regard to Congress Avenue and what appears to be someone approaching the City to install yet another recycling project on the east side of Congress Avenue. She feels as long as Congress Avenue remains in the condition it is, the City will continue to have this type of business wanting to locate in that area. She proposed scheduling a workshop on a discussion of Congress Avenue, particularly on the area from the canal east to 1-95 and from Atlantic Avenue north to Lake Ida Road. She feels the entire block, if it can be called a block, should be looked at with regard to zoning. At one time in the Comprehensive Plan it was suggested that the east side of Congress Avenue be zoned so hotels could be placed there. There is much vacant land not being developed and, as a result, the fields are overgrown, there is no landscaping, the strips next to the street are in sad shape, people are parking vehicles on the west side and the entire area looks generally bad. She suggested that some better plan be instituted. 15. Qomments and Inquirie~ Qn NQn-Aggnda I~m~. I~A. Commission~ 13.A.1. Mr. Randolph had no comments. 13.A.2. Mrs. Smith expressed agreement with the idea of a Crime Commission suggested by Mr. Andrews and reinforced by Mr. Jackel. She feels it is time for the City and the Commission to take a strong stand. Mrs. Smith commented about an article in the newspaper showing workers in the cemetery and identifying their places of residence, two of which were not residents of Delray Beach. She is interested in knowing what is being done in all departments of the City to employ Delray Beach residents. -28- 9/28/93 Mrs. Smith stated that on Saturday at 12:00 Noon, at the corner of S.W. 8th Avenue and 1st Street, there will be a dedication ceremony to celebrate the two homes built for Habitat for Humanity and she would like to see a good attendance. 13.3. Dr. Alperin, in response to the remarks by Ms. Finst, expressed the feeling that it might be more appropriate to turn the matter of Congress Avenue over to P&Z. Dr. Alperin stated he felt Mr. Andrews brought up a good point about seeing the same criminals the second and third time. The Drug Task Force for the City has discussed this and it has been before the Commission in an attempt to get a Judge assigned to South County so that he may become familiar with the people who come before him and will recognize the repeat offend- ers. To his knowledge there has been no positive response. ~3.4. Vice-Mayor Ellingsworth, in referring to the Delegation Meeting, asked if municipalities request a place on the agenda. If we should take the position such as that suggested by Mr. Andrews, could we be pro active in this and add a presentation to the delegation. The City Manager responded that it would be appropriate to contact the delegation office and request schedul- ing on the agenda. Vice-Mayor Ellingsworth asked the Commission if they would be interested in discussing this on a workshop in the future. The consensus of the Commission was to place this on an upcoming Workshop agenda for discussion. I$.B. The City Attorney had no comments. 13~C. The City Manager had no further comments. Vice-Mayor Ellingsworth declared the meeting adjourned at 8:20 P.M. Acting City Clerk The undersigned is the Acting 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 September 28, -29- 9/28/93 1993, which minutes were formally approved and adopted by the City Commission on t~//.%/~ , . Acting City Clerk NOTE TQ 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. -30- 9/28/93