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10-12-93 OCTOBER 12, 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., Tuesday, October 12, 1993. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Mayor Thomas E. Lynch Absent - Commissioner David Randolph Commissioner Barbara Smith Also present were - City Manager David T. Harden and City Attorney Susan A.Ruby 2. The opening prayer was delivered by Reverend Robert Finch, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin requested that Item No. 9.D. (Pension Settlement Agreement) be removed from the Regular Agenda since there was a discrepancy. Dr. Alperin moved approval of the Agenda, as amended, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 0 vote. 5. Mr. Ellingsworth asked that the second line on the first page of the minutes of the Regular Meeting of September 28, 1993, be corrected to read Vice-Mayor Ellingsworth, as Mayor Lynch was out of town at that time. Mr. Ellingsworth moved approval of the minutes of the Regular Meeting dated September 28, 1993, as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. Proclamations: 6,B. Mayor Lynch read and presented a proclamation congratu- lating the Delray Beach Housing Authority and Carver Estates for receiving the Operation Greenspace Award. Deborah Castellow came forward to accept the proclamation. Mayor Lynch presented a proclamation proclaiming the month of October, 1993 as "CRIME PREVENTION MONTH" and urged all to increase their participation in the prevention of crime and drug use. 7. Presentations: 7.A. Carla Bryant, Project Manager for Visions West Atlan- tic, stated this is a redevelopment project. She extended an invitation to the City Commission, Mayor and City Manager to attend their Planning and Design workshop meeting scheduled for Friday and Saturday, November 5th and 6th, and requested that they come and participate in an effort to assure the community that they have the support of the City Government. 8. Consent Agenda: City Manager recommends approval. 8,A, LEASE AGREEMENT ~ITH INDIVIDUAL PROPERTY OWNER AND DELRAY ESTATES CONDOMINIUM ASSOCIATION; Approve a lease agree- ment with the owner of property at 1541 Catherine Drive and the Delray Estates Condominium Association for the purpose of estab- lishing a Police Substation at Delray Estates. 8,B. TEMPORARY USE APPROVAL: Grant temporary use approval to establish a Police Substation in a residential unit at Delray Estates. 8oC. AGREEMENT WITH FLORIDA DEPARTMENT OF REVENUE: Approve an agreement with the Florida Department of Revenue to provide for the sharing of certain information under the Registration Information Sharing and Exchange program. ACCEPTANCE OF SETTLEMENT OFFER: Accept an offer from Mr. Wildor Graindor to settle pending litigation against the City. 8.E. APPROVAL OF RIGHT OF ENTRY AGREEMENTS; Approve right- of-entry agreements with various property owners in conjunction with the roadway reconstruction project east of the Intracoastal Waterway. 8,F~ SUBLEASE AGREEMENT/CA$ON CQTTAGE; Approve a sublease agreement between the Delray Beach Historical Society and the Palm Beach County Preservation Board for the Cason Cottage prop- erty. 8.G, PERFECT HARMONY FESTIVAL: Approve a special events permit for the Perfect Harmony Festival. 8,H. AUTHORIZATION TO PROCEED/POST-CONSTRUCTION ENVIRONMEN- TAL MQNITORING PROJECT: Authorize staff to proceed with the Post-Construction Environmental Monitoring Study phase of the Beach Renourishment project through the contract with Coastal Planning and Engineering, Inc., in an amount not to exceed $50,626, with funding from Beach Restoration Fund - Beach Renourishment (Account No. 332-4164-572-63.40). -2- 10/12/93 8oI. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA 8.Jo AUTHORIZATION TO PROCEED/ONE-YEAR PERFORMANCE ENVIRON- MENTAL MONITORING PROJECT: Authorize staff to proceed with the One-Year Performance Monitoring Study phase of the Beach Renourishment project through the contract with Coastal Planning and Engineering, Inc., in an amount not to exceed $29,.700, with funding from Beach Restoration Fund - Beach Renourishment (Ac- count No. 332-4164-572-63.40). 8,K. REQUEST FOR FINAL PAYMENT/CH2M HILL: Approve a request for final payment in the amount of $271.13 from CH2M Hill for completion of engineering services in conjunction with Extension of Water and Sewer Services to Former Enclave Area 13, 24, and 31, with funding from 1991 Water and Sewer Revenue Bond - En- claves Phase I - Engineering and Architect (Account No. 447-5167-536-31.30. 8,L, DEDUCT CHANGE ORDER NO 1. AND REOUEST FOR FINAL PAY- MENT/WRQNO ENTERPRISE$~. Approve a deduct change order in the amount of $2,251 to the contract with Wrono Enterprises and a request for final payment in the amount of $21,747, with funding from Water and Sewer Fund - Buildings (Account No. 441-5161-536-60.31) and Public Works Administration - Buildings (Account No. 001-3111-534-62.10). 8,M, AWARD OF BIDS AND CONTRACTS: 1. Two (2) Greens Mowers and One (1) Sand Rake - Municipal Golf Course - (via GSA contract) in the amount of $35,720.41, with funding from Golf Course - Other Equipment (Account No. 445-4761-572-64.90). 2. Tractor/Loader - Municipal Golf Course - Ford New Holland (via State contract) in the amount of $15,597, with funding from Golf Course - Other Equipment (Ac- count No. 445-4761-572-64.90). 3. Bulk Quick Lime - Environmental Service - Dravo Lime Company (via Palm Beach County Bid) in the esti- mated annual amount of $273,094.99, with funding from Water Treatment Plant - Chemicals (Account No. 441-5122-536-52.21). 4. Sanitary Sewer Waste Pump Out Station - City Marina - Ray Qualmann Marine Construction in the amount of $11,300, with funding from City Marina Fund - Other Improvements (Account No. 426-4311-575-63.90). 5~ Progen and DBGen Database Software and Software Maintenance Contract - Management Information Systems - Business Computer Design in the amount of $13,440, with funding from MIS Operating Capital - Software (Account -3- 10/12/93 No. 001-1811-513-66.10 and MIS Operating Capital - Equipment Maintenance (Account No. 001-1811-513-46.20. 8,N. CHANGE ORDER NO, 3 AND. REQUEST FOR FINAL .PAY- MENT/FIREMAN'S FUND INSURANCE COMPANY (Falkav/Continental): Approve a change order in the amount of $60,201.14 and a request for final payment in the amount of $111,736.40 from Fireman's Fund Insurance Company for completion of the Tennis Stadium project, with funding from General Construction Fund - Tennis Center/Stadium Phase I (Account No. 334-4145-572-63.41 and 001-4124-572-34.90) ~.0. DEDUCT CHAN~E ORDER NO, ! AND REQUEST FOR FINA~ PAY- MENT/ELKIN$ CONSTRUCTORS. INC: Approve a deduct change order in the amount of $20,071 and a request for final payment in the amount of $72,652 from Elkins Constructors, Inc. for completion of the South Water Reservoir Rehabilitation, with funding from Water and Sewer Renewal and Replacement - South Reservoir Rehab (Account No. 442-5178-536-61.80)o Dr. Alperin moved approval of the Consent Agenda, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 0 vote. Rggul~r Agenda: 9.A. REVIEW OF APPEALABLE LAND DEVELQPMENT 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 27, 1993 through October $, 1993. Dr. Alperin stated he would like to review the Sloan Hammock item. There is some concern regarding the parking and he feels the policy should be discussed. Dr. Alperin moved to receive and file the report, subject to a review of the Sloan Hammock design and a request that it be returned at the next regular meeting on October 26, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 0 vote. 9,B. DETERMINATION OF ARCHITECTURAL COMPATIBILITY/OUTBACK STEAKHOUSE: Consider whether the architectural elevations for the Outback Steakhouse is compatible with the other structures located within the Delray Crossing Shopping Center. The Site Plan Review and Appearance Board recommends approval. David Kovacs, Planning Director, stated that several years ago there was controversy about out parcels, i.e., should they exist or not. The final resolution was that out parcels and out buildings are legitimate parts of development. However, -4- 10/12/93 compatibility needs to be insured between the out parcel and the center in which it is located. At that time the Code was altered to include the requirement that there must be a specific finding by the Site Plan Review Board that the out parcels are aestheti- cally compatible and can stand on their own with respect to the shopping centers; if not, they would be denied. If the project is "as good as, is better than or does not conflict with" the re- mainder of the center, the Board cannot approve the elevation, but only forward it to the Commission who has the final approval when there is no absolute architectural compatibility. This is why it is before the Commission tonight. Jess Sowards, Chairman of Site Plan Review and Appear- ance Board, stated that, after considerable review and changes, all the requests by the Board have been met. There remained some concern regarding the roof and the roofing material. Dr. Alperin expressed concern with setting a precedent, as the City was not so tolerant with McDonald's. He continued by stating that when the City is selectively tolerant with certain people, then those who do not meet the conformities are punished, and that bothers him. Mr. Ellingsworth moved approval of the architectural elevations for the Outback Steak House, subject to the findings in the LDRs, seconded by Dr. Alperin. Dr. Alperin noted that he was just informed that this motion will require three positive votes in order to pass. He would prefer that this item be postponed until a full Commission is present to vote on this item, as opposed to killing it with his one vote of no. Mr. Ellingsworth withdrew his motion; Dr. Alperin withdrew his second. Dr. Alperin moved to postpone this item until the possible arrival of Mr. Randolph, or in the event he does not arrive, until the next regular meeting on October 26, 1993, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 0 vote. 9.C. RESOLUTION NO. 97-93: A resolution authorizing the Community Redevelopment Agency to acquire certain real property known as Lots 5 through 10, Block 53, Town of Linton. City Manager recommends approval. The City Manager presented Resolution No. 97-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH -5- 10/12/93 COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 97-93 is on file in the offi- cial Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 97-93, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 0 vote. 9.D, PENSION SETTLEMENT AGREEMENT: THIS ITEM WAS REMOVED FROM THE AGENDA. 9.E, RESOLUTION NO, 96-93~ A resolution amending Resolution No. 18-91, which established the Kids and Cops Committee by amending the membership composition to include a representative from MAD DADS. The City Manager presented Resolution No. 96-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 18-91 WHICH ESTABLISHED THE KIDS AND COPS COMMITTEE AS AN ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION 2 OF SAID RESOLUTION TO ADD MEMBERSHIP COMPOSI- TION RELATIVE TO REPRESENTATION FROM MAD DADS; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 96-93 is on file in the offi- cial Resolution Book) Mr. Ellingsworth moved for the adoption of Resolution No. 96-93, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 0 vote. 9,F, RESOLUTION NO. 98-9~; A resolution authorizing the issuance of not to exceed $610,000 in aggregate principal amount Utility Tax Revenue Notes, pursuant to a line of credit made available through Sun Bank/South Florida, N.A., for the purpose of providing short term financing for Tennis Center Phase II and Pompey Park Improvements. City Manager recommends approval. The City Manager presented Resolution No. 98-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $610,000 IN AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX REVENUE NOTES, SUBORDINATE SERIES 1993, OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT -6- 10/12/93 TO A LINE OF CREDIT MADE AVAILABLE THROUGH SUN BANK/SOUTH FLORIDA, NoA., FOR THE PURPOSE OF PROVIDING SHORT TERM FINANCING FOR THE COSTS OF TENNIS COURTS AND RELATED FACILI- TIES, THE REHABILITATION AND RECONSTRUCTION OF POMPEY PARK POOL AND TO PAY THE COSTS OF ISSUANCE THEREOF; PROVIDING FOR THE TERMS AND PAYMENT OF SAID UTILITIES TAX REVENUE NOTES, SUBORDINATE SERIES 1993, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID UTILITIES TAX REVENUE NOTES, SUBORDINATE SERIES 1993; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID NOTES; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 98-93 is on file in the offi- cial Resolution Book) The City Manager stated, at some point during the year, the City will be issuing bonds or entering into some type of long term financing for the Tennis Center facilities. Phase I has been financed with a note and this will add $610,000 to that note, which will finance Phase II of the Tennis Center and half of the Pompey Park Pool. Later, the permanent financing will be put in place; this is to allow the construction to go forward until an appropriate time to do the permanent financing. Dr. Alperin moved for the adoption of Resolution No. 98-93, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. ANNUAL HALLOWEEN PARADE: Approve the special event permit for the Annual Halloween Parade to be held October 30, 1993 and consider a request from the Kiwanis Club for waiver of overtime costs for off-duty police officer support. Staff recom- mends denial of waiver request. Dr. Alperin moved denial of the waiver, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - No. Said motion FAILED with a 2 to 1 vote. Before roll call the following discussion was had: Kevin Egan, representing the Kiwanis Club, stated the entire weekend will require extra Police support. Assistant City Manager Barcinski stated that some of the events will be handled with on-duty personnel, but this is not possible as far as the parade is concerned. The parade -7- 10/12/93 requires nine (9) officers and there is a two-hour minimum callout, even though the parade is to last for only one hour. The Kiwanis will be required to pay $17 per hour, the off-duty rate, but if the overtime is waived, the City must pay the time and a half, thereby increasing the cost. At this time the roll was called to the motion. The City Attorney advised that, according to the Char- ter, three affirmative votes are necessary in order for the motion to pass. At this time Mayor Lynch changed his motion to a "yes" in support of the denial. Said motion passed with a 3 to 0 vote. 9,H. SERVICE AUTHORIZATION NO, 4/DIGBY BRIDGES, MAR$~ AND ASSOCIATES: Consider a service authorization in the amount of $21,000 to the contract with Digby Bridges, Marsh and Associates for construction management services in conjunction with the Tennis Center Phase II project, with funding from General Con- struction Fund - Tennis Center Phase II (Account No. 334-4~45-572-63.42). City Manager recommends approval. Mr. Ellingsworth moved approval of Service Authoriza- tion No. 4 with Digby Bridges, Marsh and Associates, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 0 vote. 9.I. CHANGE ORDER NO. 2/CHAZ EOUIPMENT CO., INC, Consider a change order in the amount of $31,033.00 to the contract with Chaz Equipment Co., Inc., to construct a water main from existing 2" main on the south end of Bronson Avenue north to the existing 8" water main on Atlantic Avenue, with funding from Water and Sewer Renewal and Replacement - Water Distribution Improvement (Account No. 442-5178-536-61.78). Mr. Ellingsworth moved approval of Change Order No. 2 with Chaz Equipment Co., Inc., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes, Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. 9.J. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9,K. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.L. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. ~.M. SERVICE AUTHORIZATION NO. 5/GEE AND JENSON~ Consider a service authorization in the amount of $15,500 to the contract with Gee and Jenson for preliminary work and conceptual design for the East Atlantic Avenue Beautification project, with funding from Decade of Excellence - Phase II Beautification - Atlantic 8 10/12/93 Avenue/Intracoastal Water Way to Ocean (Account No. 228-4141-572-61.73). City Manager recommends approval. Dr. Alperin moved approval of Service Authorization No. 5 with Gee and Jenson, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 0 vote. 9.N. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.0. REOUEST FROM OLD SCHOOL SQUARE: To waive the require- ment to provide a full certified audit for the fiscal year ended September 30,1993. The City Manager advised that the applicant requested this item be removed from the agenda to be brought back at a later date. Dr. Alperin moved for approval to remove this item, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 0 vote. At this point the Commission moved to the Comments and Inquiries on Non-Agenda Items portion of the agenda. Comments and Inquiries on Non-Aqenda Items: 13~A. Commission 13.A.1. Dr. Alperin commented that he feels the Employee Sug- gestion program that was outlined is a very good program and would like to be informed as it progresses. The City Manager explained that there will be training sessions scheduled to show the employees how to use this program and properly analyze a problem in order to initiate a suggestion. 13.A.2. Mr. Ellingsworth stated that, in comparing the old zoning map with the new one he recently received, it is improved one thousand percent and complimented staff on a super job. l~.A.3. Mayor Lynch stated the Veterans Park program is moving along fairly well with approximately $70,000 of the $90,000 having been collected. Glen Eagles ran a golf tournament this week with proceeds going to Veterans Park as a contribution. On November 10 through 14 the community is going to build the play- ground and anyone willing to contribute, either financially or physically, will be most appreciated. 13.B. The City Attorney had no comments or inquiries. -9- 10/12/93 13.C. The City Manager stated, in response to Mrs. Smith and the possible residency requirement for City employees, that the 'issue has been litigated and it can be done. He, personally, does not recommend this action. He feels that, should this be a requirement, the Commission should take into consideration the impact it might have on politics in the City with unionized public employees. Mayor Lynch added that he feels one of the benefits, especially in the Police Department, is taking home police cars that are visibly seen on the streets. He further recommended that this be reviewed, either by the Commission, or by additional research by staff and returned to the Commission with any new recommendations. Dr. Alperin suggested that one way may be to allow the police officers to take their automobiles home, if they live in the City, giving them an incentive to locate in Delray. 13.C.2. The City Manager commented that he would like to give the Commission plans that have been prepared by Digby Bridges on the permanent grandstands for the Tennis Stadium. The City Manager also asked permission to submit a letter to the County regarding the concern about the additional penny for conditional Tourist Tax and the fact that most of it will be spent in North County. They are looking for South County projects and Commissioner McCarty mentioned her concern that there was not enough money left over to do anything. His sugges- tion is that they might buy half of the grandstands; one of the largest impediments the City has in bringing in other events is the $100,000 cost of getting the temporary seating brought in. With Commission permission he would like to write to Commissioner McCarty and suggest that they consider this project. The Commis- sion concurred. 13.D. County and Municipal Issues. None. At this point, the time being 6:50 P.M., a ten minute recess was declared. The meeting reconvened at 7:00 P.M. i0, Public Hearings: 10.A, REOUEST FOR WAIVER OF CERTAIN PROVI$IQN$ OF THE CITY'S CODE OF ORDINANCES: Consider a request from Aimee Allard for waiver of Code Section 101.32 to permit approximately 200 people to assemble on the Municipal Beach on November 25, 1993; and Section 30.15(C) to waive the required fee for waiver requests. Approval is recommended for approval of the request to permit assembly on the beach and denial of the request for waiver of the fee. Prior to consideration of passage of this request for waiver, a public hearing has been scheduled to be held at this time. -10- 10/12/93 The City Attorney stated there are two waivers request- ed; one for the waiver of the congregation on the beach and a request for waiver of the fee in the amount of $100 for advertis- ing. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved approval of the waiver of Section 101.32 and denial of waiver of Section 30.15(C), seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. 10.B. 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 CHAP- TER 52,"WATER" OF THE CODE OF ORDINANCES OF THE CITY OF DE~RAY BEACH, FLORIDA, BY AMEND- ING SECTION 52.02, "DISCONTINUING SERVICE 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- 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- -11- 10/12/93 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 ~HE 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 REREADS 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 REINSTALL~TION 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. J~an Beer, resident, stated that, as long as the City continues to allowed separate districts, she feels it is ridicu- lous to insist on a surcharge in times of drought for anything over 7,000 gallons. There is no way a lawn can be maintained on the beach or in locations where it is necessary to use City water, with less than 20,000 gallons. If the City insists on surcharging everything over 7,000 gallons, it is totally unfair. Upon question by Mayor Lynch if the City's computer system is sophisticated enough to change this during times of drought, the City Manager responded that it can be done. The public hearing was closed. Dr. Alperin moved to continue Ordinance No. 55-93 to the regular meeting of October 26, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 0 vote. 10,Co 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 -12- 10/12/93 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 REPEALING SECTION 54.32 AND ENACTING A NEW SECTION 54.32, "SERVICE RATES AND CHARGES"; BY AMEND- ING SECTION 54.33, "TIME AND METHOD OF PAY- MENT OF SERVICE 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) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 56-93 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 0 vote. 10oD. SUBSTITUTE 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 condi- tional use. 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. 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 ESTABLISHMENT FOR VEHICLES" AS A CONDI- TIONAL USE WITHIN THE ZONE DISTRICT, SUBJECT -13- 10/12/93 TO CERTAIN RESTRICTIONS; 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. The public hearing was closed. Dr. Alperin moved to continue Ordinance No. 51-93 to the next regular meeting dated October 26, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. !0.E. 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, "Indus- trial (I) District"and by deleting reference to Section 4.3.3 (S). Planning and Zoning Board 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. 59-93: 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 4.3.3, "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 EFFECTIVE DATE. (Copy of Ordinance No. 59-93 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. H$1en Coopersmi~h, President of PROD, stated she is speaking on this ordinance and the one to follow with reference to junkyards and allowable outside uses. She read from Section 4.4.20 of the LDRs and suggested that issues coming before the P&Z Board, which in turn come before the Commission, where out- -14- 10/12/93 side uses are being considered where the word "junkyard" will not appear on one of the projects. She objected to the fact that we use the phraseology "Resource Recovery Station". Mayor Lynch questioned if the City will allow a "junkyard" project if it comes before the City listed as an "Auto Part Disassembly" business. The City Manager advised that it does not matter what the applicant calls it; if it applies to the terms of the City ordinance as a junkyard, it will be called a junkyard. The ordinance is defined and broad enough that it will pick up those areas of concern. Ms. Coopersmith also requested that the Commission pay particular attention to the upcoming ordinance (Ordinance No. 60-93) with its "allowable outside uses" and listen to what is being presented. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 59-93 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 0 vote. 10.F. 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. 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. 60-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ 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 REGU£ATIONS REGARDING ALLOWABLE OUTSIDE USES AND OUTSIDE STORAGE; BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTIONS (C) AND (G), SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", -15- 10/12/93 SUBSECTION (G), SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTIONS (C) AND (G), AND SECTION 4.4.25, "SPECIAL ACTIVI- TIES DISTRICT (SAD)", SUBSECTION (G), ALL TO PROVIDE FOR UNIFORM APPLICATION OF REGULA- TIONS REGARDING ALLOWABLE OUTSIDE USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 60-93 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 60-93 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 0 vote. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public He~ring~, ll.A. City Manager's response to prior public comments ~nd inquirigs: 1) The City Manager responded to an inquiry at the last Commission meeting relative to trash collection within the City and the problem with small landscaping businesses dumping their trimmings at curbside so that it would be picked-up by Waste Management. He pointed out that the City is not aware of any small companies providing garbage service. The gentleman who spoke at the last meeting might have been referring to the pick- up trucks that Waste Management uses in neighborhoods with rear or side yard pick-ups (these trucks come ahead of the garbage truck and bring containers to the curb). There is a problem with landscaping companies leaving their trimmings and the City is trying to monitor that situation. Residents have been helpful in reporting vehicle tag numbers and these companies are being cited for their violations. Since the City provides continuous free pick-up in certain sections of the City, there are individuals who take advantage of this free pick up in order to save money for their own personal business. 2) In response to an inquiry by Alice Finst relative to Congress Avenue beautification, the City Manager reported that some of the long standing problems have been improved. Along the south side of the Happy Holidays property most of the trusses and junked trailers have been removed and the only items remaining are a few trailers that are scheduled to be removed in two weeks. Also, the overgrowth is being handled through the normal nuisance -16- 10/12/93 abatement process; however, there are some areas along Congress Avenue which will be addressed through Code Enforcement viola- tions or through contact with the property owner. 3) The City Manager responded to an inquiry by Mr. Kline regarding rates being charged for golf bags and locker rentals, by stating that staff checked the rates charged by Boca Raton and West Palm Beach and they charge about $12.00 more for golf bag storage than Delray Beach while several other cities charge rates similar to Delray Beach. The City Manager did not support any change in fees. 4) In response to a statement made by Arthur Jackel re- garding a newspaper article which compared crime rates of various cities in Palm Beach County, the City Manager pointed out that the statement was incorrect. A follow-up article stated that the City of West Palm Beach had the worst crime rate and that Delray Beach was placed at number six on the list. The Manager empha- sized that the City certainly wants to improve its image and stated that other crime related issues were discussed at the Commission Workshop Meeting. 5) The City Manager responded to other comments relative to the Congress Avenue area with respect to a potential recycling request along N.W. 18th Avenue. A request for Conditional Use approval is scheduled for the Planning and Zoning Board Public Hearing/Regular Meeting on October 18th. This request will then come before the City Commission for consideration. With respect to development activities in the area, the City Manager reported the following: 1) Gelco Industries decided not to proceed with its intentions for expansion after receiving approval; 2) a recycling facility proposed west of Congress Avenue was rejected; 3) a request for Ornamental Stone Cutting was approved and, hopefully, an upgrading of that property will occur; 4) South Florida Sanitation proposed a recycling facility which is in progress (as previously mentioned); and, 5) an entertainment and retail use request proposed at the corner of Congress Avenue and Lake Ida Road has been rejected at the conceptual planning stage. At the workshop meeting of September 30th, the Planning and Zoning Board discussed its schedule for the annual Comprehensive Plan review in preparation of Plan Amendment 94-1. The Planning and Zoning Board has numerous issues to be considered and they do not see a basis for including work along Congress Avenue among their priorities. He pointed out that short of dedication of staff time and extra financial resources there is not much to do in the Congress Avenue corridor except for policing efforts through Code Enforcement. ll.B. From the Public: ll.B.1. Jerry Marshall, Woodlake, reported that at a meeting held by the School Board last week an agreement was signed be- tween the City of Delray Police Department and the School Board Police which will allow the School Board Police and the Delray -17- 10/12/93 Beach Police to come into the Schools in the event of illegal activities within. He emphasized that the City of Delray Beach will be the first city in Palm Beach County to have such an agreement and the School Board hopes that other municipalities will also join in this interlocal agreement. 11.B,2. Alice Finst, 707 Place Travant, asked if it would be possible to have the City Commission agenda placed in the lobby outside the Commission Chambers rather than inside so that people who come late to the meeting do not disturb those who have previ- ously arrived. Ms. Finst pointed out that the Congress Avenue area is of great importance to those who reside in this area and suggest- ed that staff review the prioritized list. She further pointed out that, in addition to being used as a parking lot, there appears to be a drop-off area for tractor trailers along a pri- vate road on the north side of the Happy Holidays property on Congress Avenue and requested that the City check into the matter by citing the violators for illegal parking. ll.B.3. Roger Salvail, 318 N.E. 7th Avenue, stated that the rear of his home is adjacent to an auto trim establishment which is open six days a week. He complained of noise associated with this business such as a compressor, air tools, etc. Mayor Lynch declared the meeting adjourned at 7:35 P.M. City Clerk ATTEST The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of October 12, 1993, which minutes were formally approved and adopted by the City Commission on City Clerk -18- 10/12/93