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11-23-93 NOVEMBER 23, 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 6:04 P.M., Tuesday, November 23, 1993. 1. Roll Call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Tim Hard- en, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda approval. The City Attorney stated that the consent agenda be amended to include an added item (8.M.) and that 8.M. was inad- vertently listed as 8.L. The applicant wishes to withdraw Item 9.C. and that Item 9.E. was requested to be postponed until December 14, 1993. The City Manager requested that Item 9.L. be changed to 9.C. Mr. Ellingsworth 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; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved approval of the Minutes of the Regu- lar Meeting of November 9, 1993, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: None. 7. Presentations: None. 8. Consent Agenda: 8.A. AGREEMENT WITH THE PALM BEACH COUNTY SHERIFF'S OFFICE: Approve an agreement with the Palm Beach County Sheriff's Office which provides the City access to information on the Palm Beach Automated Law Enforcement Management System (PALMS), Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC). 8.Bo AGREEMENT WITH PALM BEACH COUNTY: Approve an agreement with Palm Beach County with regard to joint funding of the 4th Street (Lake Ida Road) widening project from Swinton Avenue to N.E. 2nd Street. 8.C. RETENTION OF OUTSIDE COUNSEL: Authorize the retention of outside counsel in the Lucas versus City of Delray Beach matter. ~,D. AUTHORIZATION TO SUBMIT A GRANT APPLICATION/LEON WEEKES ENVIRONMENTAL PRESERVE: Authorize staff to submit a grant appli- cation to the Florida Department of Environmental Regulations for funding in the amount of $25,000 to defray the costs of develop- ing the Leon Weekes Environmental Preserve. 8oE, FINAL PLAT APPROVAL; Approve the final plat for Cambria Crest, located on the southwest corner of George Bush Boulevard and North Ocean Boulevard. 8,F. FINAL PLAT APPROVAL: Approve the final plat for Belair Heights (Bi-Lo Grocery), located on the southwest corner of Atlantic Avenue and S.W. 9th Avenue. 8.G. EMERGENCY MANHOLE REPAIR/LINDELL BOULEVARD: Approve the emergency repair of Manhole No. 23A on Lindell Boulevard and authorize Johnson-Davis to perform those repairs in the amount of $15,000 with funding from Water and Sewer Renewal and Replacement Sewer Systems/Manhole Rehab (Account No. 442-5178-536-61.84) CHANGE ORDER NO. 2 AND REQUEST FOR FINAL PAYMENT/WYNN AND SONS ENVIRONMENTAL CONSTRUCTION COMPANY: Approve a change order in the amount of $1,700 which also extended the contract completion date by 54 days for Add Alternate No. 2 and No. 3 in conjunction with Lift Station No. 86 Replacement project; and, approve a request for final payment in the amount of $4,850 for completion of said project; with funding from Water and Sewer Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). 8.I. REOUEST FOR FINAL PAYMENT/PROFESSIONAL ENGINEERING CONSULTANTS, INC,: Approve a request for final payment in the amount of $3,230 to the contract with Professional Engineering Consultants, Inc. for completion of the conceptual alternatives for the proposed 0.5 Million Gallons Storage Tank, Booster Pump -2- 11/23/93 Station Building and Chemical Feed Facility; with funding from 1993 Water and Sewer Bond Fund - Northeast Storage Tank (Account No. 440-5179-536-63.54). 8,J. REQUEST FOR FINAL PAYMENT/PALM BEACH COUNTY: Approve a request from Palm Beach County for final payment in the amount of $4,352.01 for utility main relocations performed in conjunction with the County's roadway improvements project on West Atlantic Avenue and Military Trail; with funding from Water and Sewer Renewal and Replacement Water Distribution Improvements (Account No. 442-5178-536-61.78). 8,K. RESOLUTION NO. 106-93~ A resolution assessing the cost for abatement action necessary to board up an unsafe structure located on property at 236 S.W. 1st Avenue. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 106-93 is on file in the offi- cial Resolution book) AWARD OF BIDS AND C0NTRACT$~ 1o Swinton Avenue Beautification - American Lighting Maintenance, Inc. in the amount of $413,765 with fund- ing from Decade of Excellence Phase II - Neighborhood Improvements (Account No. 228-2712-524-61.76/$31,690) and Swinton Avenue (Account No. 228-4141-572-61.48/$382,075). 2. Repairs - Vacon Truck - Southern Sewer Equipment Sales in the amount of $11,690 with funding from Water and Sewer Equipment (Account No. 441-5141-536-46.20). 3. Lowson Headwall - Delray Marine Construction, Inc. in the amount of $11,850 with funding from Stormwater Utility Fund - Lowson Boulevard- E-3 1/2 Canal Headwall (Account No. 448-5461-538-62.21). -3- 11/23/93 4. Rental Rehab - various properties and contractors - in the amounts indicated below; with funding from CBDG Rental Rehab (Account No. 118-1975-554-49.19): A. 235 N. Swinton Avenue - Ray Graeve in the amount of $15,000 (City's share). B. 117 S.W. 1st Avenue - Intercontinental Con- struction in the amount of $22,962 (City's share). Dr. Alperin moved approval of the Consent Agenda as amended, seconded by Mr. Ellingsworth. The Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9, Regular Agenda: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VAri- OUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 8, 1993 through November 19, 1993. Mr. Randolph moved to receive and file the report, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.Bo REOUEST FOR CONDITIONAL USE APPRQVAL/EXPRES$ CAR WASH: Consider a request for conditional use approval to expand the existing Express Car Wash facility located on N°E. 6th Avenue, south of S.E. 4th Street. Planning and Zoning Board recommends approval subject to conditions. David Kovacs, Planning Director, stated that Express Car Wash wishes to expand to the property to the south and to also do some substantial upgrades to the property. The Planning and Zoning Board recommends approval as a modification to an allowable conditional use. Upon question by Mayor Lynch relative to the perimeter landscaping, Mr. Kovacs stated that the Planning and Zoning Board referred the proposed width of the south driveway and a 5 ft. wide landscape strip at the northern property line to be ad- dressed by the Site Plan Review and Appearance Board. Mr. Randolph moved approval of the conditional use request, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 - 0 vote. -4- 11/23/93 Item 9,C. was replaced by Item 9.L. 9,C, JOINT VENTURE CHRISTMAS TREE EXHIBITS: Consider par- ticipating in the Joint Venture Christmas Tree Exhibits Program. The City Manager explained that the project involves setting up a 50 ft. Christmas Tree on the Old School Square site and four exhibits in Veterans Park. He pointed out that the proposal is different than what was included in the agenda pack- ets for this meeting and made the following recommendation: that the use of the Veterans Park be approved with the four exhibits and the site of O.S.S. for the tree but the City would not re- quire two mobile fire rescue units at this time since there are two fire stations located within this vicinity. Overtime has been reduced by not requiring two Police Officers at each site since crowd control will be handled by volunteers provided by the Joint Venture and by roping off areas to control foot traffic. The Joint Venture will assume the costs necessary for materials for the exhibits, irrigation supplies, material and labor for landscape repairs and the hiring of off duty police. The City would pay for the additional lighting within the downtown area since it has been determined that there is sufficient money in the budget to pay that cost which is over and above what has been privately raised at this point which is $15,400. The total City cost is estimated at approximately $17,400 ($16,900 will come from the street lighting account and $500 will be absorbed in operating budget). Marjorie Ferrer. DDA Project Coordinator, informed the Commission that approximately $70,000 will be donated privately and by businesses. Dr. Alperin moved approval as recommended by the City Manager, seconded by Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DE~I- SION: Consider an appeal of a Site Plan Review and Appearance Board decision from Curtis Mathis Rent to Own to permit a flat wall sign with red and black copy on a yellow background at 1551 North Federal Highway. City Manager recommends denial. Lula Butler, Director of Community Improvement, stated that this item was considered by SPRAB on October 20th; however, the sign did not receive the proper review by that Board because the owner installed the sign without a permit. She pointed out that the department had received complaints that the sign did not blend in aesthetically with the area added by vehicles at the site which are the same color. Tony Gagliano. Manager of Curtis Mathis Rent to Own, pointed out that the sign was installed and did not willfully 5 11/23/93 violate the City's regulations. He stated that the colors are the company's colors which are used nationally and presented photographs of other yellow and red signs located within the City. Debra Turner, Site Plan Review and Appearance Board, stated that the Board understands that there is hardship involved in removing a sign and because a sign contractor was involved in this issue, she felt it would be appropriate that the store receive some restitution from the sign contractor for replacement of the sign. The City Attorney pointed out that the Commission needs to consider Section 4.6.7(F)(2(c) of the Land Development Regula- tions which states: the colors of a sign shall not conflict with other signs already on the building or in the immediately vicini- ty. Mr. Randolph expressed concern that this issue could become a continuing problem depending on the specific location of a facility. After discussion, Dr. Alperin moved denial of the appeal based upon the findings of Land Development Regulations Section 4.6.7(F)(2)(c), seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 3 to 2 vote. 9.E. THIS ITEM WAS PQSTPONED TO THE REGULAR MEETING OF DECEMBER 14, 1993. 9.Fo RESOLUTION N0~ 107-95; A resolution authorizing the execution of an Interlocal Agreement with Palm Beach County to provide for the annexation of Enclaves pursuant to Section 171.046, Florida Statutes and authorizing the Mayor to entertain and approve minor modifications to the Agreement as may be re- quested, or required, by the Board of County Commissioners. City Manager recommends approval. The City Manager presented Resolution No. 107-93. A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY PROVIDING FOR THE ANNEXATION OP ENCLAVES PURSUANT TO SECTION 171.046, FLORIDA STAT- UTES. (Copy of Resolution No. 107-93 is on file in the official Resolution book) -6- 11/23/93 Mayor Lynch stated that negotiations with the County are still in process and suggested that this item be continued. Mr. Ellingsworth moved continuance of this item to the Regular Meeting of December 14, 1993, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. AWARD OF BID - VARIOUS COMPONENTS OF TENNIS CENTER/STADIUM PHASE II PROJECT: Consider awarding the bids for paving, landscaping, fire protection, awnings, irrigation, tennis courts, electrical and plumbing in conjunction with the Tennis Center/Stadium Phase II project; with funding from the General Construction Fund - Tennis Center/Stadium Phase II (Account No. 334-4145-572-63.42). City Manager recommends approval. The City Manager stated that the architect and staff recommends that the contract be awarded to the seconded low bidder, AAA Courts, Inc. He explained the reason for this particular choice is that the low bidder (Gator Court) uses a different system than that which is presently in operation at the Center and the architect feels that it would be appropriate to keep the same system throughout the facility. This would reduce the cost to $181,860. Regarding the bid for electric, the City Manager stated that the low bidder is Best Electric and that their base bid, less Alterna- tive No. 2, will bring the cost to $122,708. The project was estimated at $400,000; however with the bids and the work that is coming in it is estimated that the cost will be $525,000 which will increase the debt service by approximately $12,000 a year. He pointed out that there is sufficient money generated in the utility tax increase to cover the increase. The City Manager explained the possibility of reducing the total cost by eliminating Alternative No. 1 and 3 which would deduct $72,400 out of the project. These items could possibly be done at a later date; however, it would cost $90,000 rather than $72,000. Joe Dragon, Assistant Director of Parks and Recreation, stated that the membership for the Tennis Center has nearly double and there is a great demand for court reservations. There is 100% lighting between the hours 7:00 P.M. to 9:00 P.M. Mayor Lynch questioned the difference in the estimated monies for various components for the Phase -7- 11/23/93 II project and asked the rationale for choosing the second low bidder. The City Manager responded that AAA Courts, Inc. was selected based on their water usage and be- cause it is the same system which presently exists at the facility. Digby Bridges, Architect, explained the difference of the estimated cost for Phase II and that which was originally proposed is that the lighting was underestimated due to a partial omission. Mr. Bridges compared the technical differences between the two proposed underground watering systems. There was considerable discussion among Commission members relative to whether or not to delay the addition of lighting. The City Manager informed the Commission that it would cost an estimated $8,000 to $I0,000 to add the lighting later, as opposed to doing it at the present time while the courts are being constructed. Dr. Alperin moved approval of the various components of the Tennis Center/Stadium Phase II Project as recommended by staff and award the bids as presented with the addition of the electric bid by Best Electric of $122,708, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Dr. Alperin - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9,H. CHANGE ORDER NO, 4/CHAZ EOUIPMENT COMPANY, INC.: Consider a change order in the amount of $66,692 to the contract with Chaz Equipment Company, Inc. for construction of additional water mains and drainage facilities in conjunction with the Beach Road Recon- struction Project; with funding from Water and Sewer Renewal and Replacement - Water Distribution Improve- ments (Account No. 442-5178-536-61.78) and Stormwater Utility Fund - Beach Road Reconstruction (Account No. 448-5461-538-62.22). City Manager recommends approval. Dr. Alperin expressed concern of existing corrosion of the infrastructure in the beach area. Ralph Hayden, City Engineer, stated that the recent water main break in this area reflected pipes which are in very bad condition, much worse than what was anticipated, and that it will take time and money to replace the deterioration. 8 11/23/93 Mr. Ellingsworth moved approval of Change Order No. 4/Chaz Equipment Company, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.I. SERVICE AUTHORIZATION NO. 5/ECKLER ENGINEER- ING; Consider a service authorization in the amount of $12,600 to the contract with Eckler Engineering for services necessary to study and prepare bid documents for a Hydrogen Sulfide Control System; with funding from Water and Sewer Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). City Manager recommends approval. Mrs. Smith moved approval of Service Author- ization No. 5/Eckler Engineering, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9,J. CHANGE ORDER NO. 2/FOWLER ENERGY SYSTEMS, IN~.: Consider a change order in the amount of $13,250 to the contract with Fowler Energy Systems, Inc. for Bid Alternate No. 3, Community Center Gymnasium Reroofing; with funding from General Construction Fund - Buildings (Account No. 334-6112-519-62.10). City Manager recommends approval. The City Manager pointed out that the bids for this project came in July; however, there was not sufficient money in last year's budget to complete the work. The change order is to add an alternate which was not included in last year's budget. Mr. Randolph moved approval of Change Order No. 2/Fowler Energy Systems, Inc., seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9,Ko SERVICE AUTHORIZATION NO, S/PROFESSIONAL ENGINEERING CONSULTANTS. INC.: Consider a service authorization in the amount of $31,982 for engineering services in conjunction with the rehabilitation of Lift Station Basins Nos. 14, 15, 16, 19 and 19A; with fund- ing from Water and Sewer Renewal and Replacement Sewer Systems/Manhole Rehab (Account No° 442-5178-536-61.84). City Manager recommends approval. -9- 11/23/93 Mr. Ellingsworth moved approval of Service Authorization No. 8/Professional Engineering Consul- tants, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.M, APPOINTMENT OF A MEMBER TO. THE CIVIL SERVICE BOARD: Appoint a member to the Civil Service Board to fill the unexpired term of James L. "Pete" Bowen to a term ending June 26, 1994. Mayor Lynch informed the Commission that Mr. Bowen passed away recently and stated that he was a honorable man and had been a very active citizen in the community. Dr. Alperin moved approval of the appointment of Michael Pakradooni to the Civil Service Board to fill the unexpired term ending June 26, 1994, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9,N. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill the unexpired term of Kathryn Sloan to a term ending July 31, 1995. Mr. Ellingsworth moved approval of the ap- pointment of William Kaiser to the Education Board to fill the unexpired term ending July 31, 1995, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission moved to the First Readings portion of the agenda. 12.A. ORDINANCE NO, 78-9~ An ordinance amending the Code of Ordinances with respect to the General Employees Retirement Plan. City Manager recommends approval. If passed public hearing December 7, 1993. The City Attorney read the caption of Ordi- nance 78-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY -10- 11/23/93 AMENDING AND RESTATING SECTIONS 35.085 THROUGH 35.109 AS SPECIFICALLY SET FORTH IN THE "AMENDMENT TO CITY OF DELRAY BEACH GENER- AL EMPLOYEES' RETIREMENT PLAN" ATTACHED HERETO AND INCORPORATED HEREIN~ AMENDING SECTION 35.085 TO CHANGE THE TITLE OF THE PLAN TO: "CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN"; REPEALING SEC- TION 35.086 "AUTHORIZATION"; AMENDING SECTION 35.087 "PURPOSE"; AMENDING AND MERGING SEC- TION 35.088, "EFFECTIVE DATE; APPLICABILITY OF FORMER PLAN", AND SECTION 35.089, "INTRO- DUCTION''; CREATING A NEW SECTION 35.089, "DEFINITIONS"; AMENDING AND RETITLING SECTION 35.090, "PARTICIPATION"~ AMENDING AND RETITLING SECTION 35.091, "VESTING", AND REPEALING FORMER SECTION 35.091, "SERVICE"; REPEALING SECTION 35.092, "LEAVE OF ABSENCE"; AMENDING SECTION 35.093, "CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN"; REPEALING SECTION 35.094, "ACTUARIAL EQUIVA- LENCE''; AMENDING SECTION 35.095, "CONTRIBU- TIONS OF PARTICIPANT AND CITY"; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT"; AMENDING SECTION 35.098, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS"; AMENDING SECTION 35.099, "PARTICIPANT TO FURNISH REQUIRED INFORMA- TION''; AMENDING SECTION 35.100, "BENEFICIA- RIES; CONTINGENCIES"; AMENDING SECTION 35.101, "BENEFITS NONASSIGNABLE"; AMENDING SECTION 35.102, "BENEFITS PAYABLE TO MINORS AND INCOMPETENTS"; AMENDING SECTION 35.103; "ABANDONMENT OF BENEFITS"; AMENDING SECTION 35.105; "ADMINISTRATION BY RETIREMENT COMMIT- TEE"; CREATING A NEW SECTION 35.1051, "CLAIMS PROCEDURE"; AMENDING SECTION 35.106, "TRUST FUND AND TRUSTEE"; AMENDING SECTION 35.108, "AMENDMENT OF PLAN"; AMENDING SECTION 35.109, "TERMINATION OF PLAN"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney advised the Commission not to delete the lump-sum payment of $2,500 death benefit from the ordinance due to the fact that negotiations with the I.B.F.& O. on the issue and amend the Plan at a later date. Since this is a first reading of the ordinance and there is no enactment, then there is the possibility that it could perhaps affect I.B.F.&.O. during the bargaining process. She informed the Commission that the City Attorney's Office has received a letter from the concurring that they agree with the Ordinance as written. -11- 11/23/93 Mr. Ellingsworth moved approval of Ordinance No. 78-93 on First Reading, as recommended by the City Manager with the deletion of a lump-sum death benefit payment of $2,500 for gener- al employees with less than one year of credited service, second- ed by Dr. Alperin. Discussion ensued prior to roll call. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:15, the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. Public Hearings: 10,A, 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 the water rate structure to an inverted block schedule, estab- lishing a Conservation Surcharge and adding fees for various services. 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 DEPINE METER SIZES USED AT PLACES OF BUSINESS AND TO REDESIGNATE THIS SECTION; BY AMENDING SECTION 52.31, "CONNECTION CHARGES", SUBSEC- TION (A), TO CLARIFY WHEN A WATER CONNECTION IS CHARGED; BY AMENDING SECTION 52.33, "DE- POSIT TO GUARANTEE PAYMENT", TO PROVIDE FOR AN INCREASE IN DEPOSITS; BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION (B), "MONTH- LY 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 RESTRICTIONS, BY REDESIGNATING SUBSECTIONS (C) AND (D) TO (D) AND (E); BY AMENDING SUBSECTION (E) TO DEFINE A BILLING CYCLE; BY AMENDING SECTION 52.36, "CHARGE FOR -12- 11/23/93 EACH TIME WATER IS TURNED ON", TO ADD AN EXCEPTION; BY AMENDING SECTION 52.37, "TEMPO- RAR¥ USE; TAPPING CHARGES AND DEPOSIT", TO BE REDESIGNATED SECTION 52.38; BY AMENDING SECTION 52.38, "SERVICE CHARGE FOR AFTER HOUR CALLS" TO BE REDESIGNATED SECTION 52.37 BY AMENDING (NEWLY REDESIGNATED) SECTION 52.37, "SERVICE CHARGE FOR AFTER HOUR CALLS", TO ADD THE WORDS "IF APPLICABLE"; BY AMENDING SEC- TION 52.39, "OTHER FEES" BY ENACTING A NEW SUBSECTION (E), "METER ~EREAD CHARGE", TO PROVIDE FOR A SERVICE CHARGE FOR METER RE- READS REQUESTED BY THE CUSTOMER, BY ENACTING A NEW SUBSECTION (F), "REMOVAL OF SERVICE LINE" TO PROVIDE FOR A SERVICE CHARGE FOR THE R~MOVAL OF A SERVICE LINE, BY ENACTING A NEW SUBSECTION (G), "REINSTALLATION OF A SERVICE LINE", TO PROVIDE FOR A SERVICE CHARGE FOR THE REINSTALLATION OF A SERVICE LINE, AND BY ENACTING A NEW SUBSECTION (H), "DESTRUCTION OF METER AND/OR RELATED EQUIP- MENT'' TO PROVIDE FOR CHARGES IN THE EVENT OF DESTRUCTION OF A METER AND/OR RELATED EQUIP- MENT; 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", SUBSECTION (A), TO CLARIFY THE RECONNECTION CHARGE; PROVIDING A SAVING CLAUSE, PROVIDING A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (A copy of Ordinance 55-93 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 55-93 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 - 0 vote. 10.B. ORDINANCE NO. 63-93: An ordinance amending Section 4.4.13 "Central Business (CBD) District" of the Land Development Regulations to clarify the parking requirements for the Central Business District. 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. -13- 11/23/93 The City Manager presented Ordinance No. 63-93: 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 4.4.13(G) "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE PARKING REQUIREMENTS FOR THE CENTRAL BUSINESS DISTRICT, PROVIDING A SAVING CLAUSE, A GENER- AL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 63-93 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. Randolph moved approval of Ordinance No. 63-93 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed by a 5 - 0 vote. 10,C. ORDINANCE NO, 64-.93: An ordinance amending Section 4.6.9, "Off Site Parking Regulations", of the Land Development Regulations by amending Subsection 4.6.9 (E), "In Lieu Fee", to revise the in lieu parking fee general provisions, and to revise the in lieu parking fee to $6,000 per space. 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. 64-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.9, "OFF SITE PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4o6.9(E), "IN LIEU FEE", TO REVISE THE IN LIEU PARKING FEE GENERAL PROVISIONS, TO REVISE THE IN LIEU PARKING FEE TO 86,000 PER SPACE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 64-93 is on file in the official Ordinance Book) -14- 11/23/93 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. Mayor Lynch stated that he did not support the ordi- nance at First Reading and again could not support the ordinance as written. Mrs. Smith moved approval of Ordinance 64-93 on Second and FINAL Reading, seconded by Dr. Alperin. UPon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 10.D. ORDINANCE NO. 66-93: An ordinance amending Section 4.2.24 "Old School Square Historic Arts District (OSSHAD), of the Land Development regulations to provide for a reduction in the parking requirements for new development or change in use subse- quent to January 1, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 66-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE FOR A REDUCTION IN THE PARKING REQUIREMENTS FOR NEW DEVELOPMENT OR CHANGES IN USE SUBSEQUENT TO JANUARY 1994; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 66-93 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. Dr. Alperin moved for the adoption of Ordinance No. 66-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda I~em~ from the Public-Immedia~e.ly following Publi~ Hearings, -15- 11/23/93 ll.A. City Manager's response to prior public comments inquiries: The City Manager responded to a concern expressed by Jean Beer regarding landscaping on South Federal Highway. He pointed out that the medians were in satisfactory condition; however, the plantings on the sides of the roadway will be main- tained. In response to a complaint regarding noise at West Side Liquors, the City Manager stated that the Police Department will be meeting with the property owner on this issue to ensure that the owner is aware of the ordinance and that they are required to operate the facility to conform with the City's regulations. The City Manager noted that he had requested the Police Department to contact Mrs. Hudson regarding her complaint of noise at the establishment and to ensure that in the future she contacts the proper employees at the Police Department. In response to a complaint of Mr. Brooks of Carver Park Homeowners Association, the City Manager stated that the side- walks will be repaired in the area and that the repair work has been placed on the Public Works' schedule for early in January i994. Also, the Engineering Department will study drainage problems in the area and will have some recommendations by the middle of January. ll.B. From the Public: ll.B.1. Arthur Jackel, Chairman of the United Property Owners, pointed out that a Grassroots movement within the City has been quite successful and that 2,000 signatures were presented to the State Legislature in West Palm Beach last week. He stated that if additional citizens wished to add their names to the petition they could drop off their petitions at the front desk in the lobby of City Hall. Mr. Jackel made additional comments as follows: 1) emphasized that something should be done to strengthen the crimi- nal justice laws, particularly when it comes to sentencing guide- lines; 2) requested the Commission reconsider the time limitation relative to the number of speakers allowed to speak on non-agenda and public hearing items; and 3) pointed out that a local newspa- per recently printed an article regarding the performance of a resource recovery facility (a petition for a conditional use request'which the applicant requested postponement). Dudley Remus, owner of a business located at 35 S.E. 7th Avenue, presented a petition opposing the landscape ordinance and read the petition into the record. The City Manager clarified that the Neighborhood Task Team which Mr. Remus referenced in his petition was not involved in the commercial landscape ordinance. He pointed out that the -16- 11/23/93 ordinance was adopted prior to the Neighborhood Task Team's report, and perhaps prior to their existence. $~ev9 Green. owner of Ken and Hazel's Restaurant locat- ed at 222 East Atlantic Avenue, was disturbed over a recent newspaper article regarding a statement made by the attorney representing the Community Redevelopment Agency. The article stated that the CRA did not want the restaurant or any other tenants in that particular block for its redevelopment plan for a movie theatre at that location. He informed the Commission that the C.R.A. di~ not include him in their negotiations. Mr. Green then read into the record the petition containing approximately 5,000 signatures opposing the CRA Redevelopment Plan for the movie theatre. Marie Nofsinger, 329 N.E. 7th Avenue, complained of her utility bill which she considered was very high for her personal usage. The City Manager responded that a representative from the City's Utility Billing Division would be in contact with her. Carol Savage, resident., complained of the notice which is included in the City's utilities billing informing residents of the landscape ordinance, its time frame and regulations. She made reference to the fact that sod requires a substantial amount of water usage and felt xeroscape landscaping would be a better alternative. The Commission returned to the First Readings portion of the agenda. 12.B. 0RDINANCE NO, 67-95: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed on the west side of N.E. 9th Avenue (Jennings Florist) from Medium Density Residential to General Commercial. Planning and Zoning Board recommends approval. If passed public hearing Decem- ber 7th. The City Manager presented Ordinance 67-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FROM RM (MEDI- UM DENSITY RESIDENTIAL) TO GC (GENERAL COM- MERCIAL); SAID LAND IS LOCATED ON THE WEST SIDE OF N.E. 9TH AVENUE, APPROXIMATELY 100' NORTH OF GEORGE BUSH BOULEVARD; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PRO- CESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. -17- 11/23/93 Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 67-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 68-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed between N.E. 9th Avenue and Palm Trail (Palm Trail Plaza parking lot) from Transitional to General Commercial. Planning and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance 68-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN.THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM TRANSITIONAL TO GENERAL COMMERCIAL; SAID LAND IS LOCATED BETWEEN N.E. 9TH AVENUE AND PALM TRAIL, APPROXIMATELY 100' NORTH OF GEORGE BUSH BOULEVARD; PROVIDING FOR EXEMP- TION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance 68-93 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 69-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at the northwest corner of Andrews Avenue and Thomas Street (Lyndon Arms Condominium) from Low Density Residential to Medium Density Residential and rezoning said property from R-1AA (Single Family) zoning district to RM (Medium Density Residential) zoning district. Planning and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance No. 69-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REVISING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- -18- 11/23/93 TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSI- TY RESIDENTIAL; CORRECTING THE ZONING CLASSI- FICATION FROM R-1AA (SINGLE FAMILY) TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF ANDREWS AVENUE AND THOMAS STREET; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PRO- CESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 69-93 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12~E. ORDINANCE NO. 70-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at the northwest corner of N.W. 2nd Street and N.W. 6th Avenue (child care center and various residential uses) from Community Facilities -- Church to Low Density Residential. Planning and Zoning Board recommends approval. If passed public hearing Decem- ber 7th. The City Manager presented Ordinance 70-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMUNITY FACILITIES TO LOW DENSITY RESIDENTIAL; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF N.W. 2ND STREET AND N.W. 6TH AVENUE; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance 70-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -19- 11/23/93 I~,Fo ORDINANCE NO. 71-95: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at South Federal Highway and SoE. 5th Street (Mayfair Animal Hospital) from Medium Density Residential to Transitional. If passed public hearing December 7th. The City Manager presented Ordinance 71-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL IN PART AND TRANSITIONAL IN PART TO TRANSITIONAL; SAID LAND IS LOCATED AT SOUTH FEDERAL HIGHWAY AND S.E. 5TH STREET; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney~Tolces read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 71-93 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12.G. ORDINANCE NO. 72-93: An ordinance correcting the zoning on property located at the southeast corner of S. Federal Highway and S.E. 5th Street (Delray Dental Specialist) from GC (General Commercial) and R-1AA (Single Family Residential) to NC (Neighborhood Commercial) zone district. Planning and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance No. 72-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL COMMERCIAL) DISTRICT TO NC (NEIGH- BORHOOD COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED AT THE S.E. CORNER OF S. FEDERAL HIGHWAY AND S.E. 5TH STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. -20- 11/23/93 Mrs. Smith moved for the adoption of Ordinance No. 72-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.H. ORDINANCE NO. 73-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at the southwest corner of Central Street at Zeder Avenue (Southridge Subdivision) from Medium Density Residential to Low Density Residential. Planning and Zoning Board recommends ap- proval. If passed public hearing December 7th. The City Manager presented Ordinance No. 73-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL TO LOW DENSI- TY RESIDENTIAL; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF CENTRAL STREET AT ZEDER AVENUE; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney read the caption of the ordi- nance. Mr. Randolph moved for the adoption of Ordinance No. 73-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12,I. ORDINANCE NO, 74-93: An ordinance correcting the zoning on property located between N.W. 6th Avenue and N.W. 7th Avenue (St. John Primitive Baptist Church parking area) from R-iA (Single Family Residential) to CF (Community Facilities). Plan- ning and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance No. 74-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-lA (SINGLE FAMILY RESIDENTIAL) IN PART AND CF (COMMUNITY FACILITIES) IN PART TO CF (COMMU- NITY FACILITIES); SAID LAND BEING LOCATED BETWEEN N.W. 6TH AND N.W. 7TH AVENUES, AP- -21- 11/23/93 PROXIMATELY 100' NORTH OF N.W. 1ST STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 74-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.J. ORDINANCE NO, 7~-9~; An ordinance revising the Land Use Map Designation in the Comprehensive Plan for property locat- ed on the north side of Linton Boulevard at S.W. 6th Avenue, extended (Howell Jones and Burke properties) from Medium Density Residential in part and Community Facilities in part to Redevel- opment Area #3. Planning and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance No. 75-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REVISING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL IN PART AND COMMUNITY FACILITIES IN PART TO REDEVELOPMENT AREA #3; SAID LAND IS LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD AT S.W. 6TH AVENUE EXTENDED; PROVIDING FOR EXEMPTION FROM THE TRANSMIT- TAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 75-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.K. ORDINANCE NO. 76-93: An ordinance changing the Land Use Map Designation for property located on the north side of West Atlantic Avenue (Hitch Post and Hamlet Shops) from General Commercial to Transitional. Planning and Zoning Board recommends approval. If passed public hearing December 7th. -22- 11/23/93 The City Manager presented Ordinance No. 76-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM GENERAL COMMERCIAL TO TRANSITIONAL; SAID LAND IS LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, IN THE 4000 BLOCK; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Lori Cohen, representing The Hamlet Residents Associa- tion, stated that the Association supports the change to Transi- tional land use designation. Helen Coopersmith. representing the Progressive Resi- dents of Delray, questioned the definition of "Transitional" and suggested that the list of conditional uses should be reviewed. Mayor Lynch stated that the Commission has received a letter from Roger Saberson, Attorney, who asked that Ordinance No. 76-93 not be adopted; or, if it does pass, then approve it with the recommendations of the Planning and Zoning Board which would include the use of the Hitching Post as a conditional use to allow the opportunity to operate and to be allowed to expand. Ms. Cohen stated that The Hamlet Residents Association are concerned of the possibility of a gasoline station to be located on the property and it was her understanding that the change to Transitional would restrict that use. Dr. Alperin moved for the adoption of Ordinance No. 76-93 on First Reading, seconded by Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.L. ORDINANCE NO. 77-93: An ordinance rezoning property located on the east side of Dixie Highway, approximately 295 feet south of Linton Boulevard (Delray Lincoln Mercury) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district. Planning and Zoning Board recommends approval, subject to conditions. If passed public hearing December 7th. The City Manager presented Ordinance No. 77-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND -23- 11/23/93 PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY APPROXI- MATELY 295 FEET SOUTH OF LINTON BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 77-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12oM. ORDINANCE NO. 79-93: An ordinance rezoning property located at the southeast corner of South Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from GC (General COmmercial) to POD (Professional and Office District). Planning and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance No. 79-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM GC AND R-1AA (SINGLE FAMILY RESIDENTIAL) TO POD (PROFESSIONAL OFFICE) DISTRICT; SAID LAND BEING LOCATED AT THE S.E. CORNER OF $. FEDER- AL HIGHWAY AND S.E. 5TH STREET; AND CORRECT- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Dr. Grubb. Veterinarian for the Mayfair Animal Hospi- tal, stated that he possssses an occupational license with the City and questioned the use of retail as an accessory use. Dr. Alperin moved for the adoption of Ordinance No. 79-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed by a 5 to 0 vote. -24- 11/23/93 12.N. ORDINANCE NO. 80-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed at South Federal Highway and S.Eo 5th Street (access drive/parking for Barrton Condominiums) from Transitional to Medium Density Residential. Planning and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance No. 80-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY BEACH LAND USE PLAN DESIGNA- TION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN FROM TRANSITIONAL TO MEDIUM DENSITY RESIDEN- TIAL; SAID LAND IS LOCATED AT SOUTH FEDERAL HIGHWAY AND S.E. 5TH STREET; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PRO- CESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 80-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.O. ORDINANCE NO. 81-93: An ordinance changing the Land Use Map Designation in the Comprehensive Plan for property locat- ed on the north side of Linton Boulevard at S.W. 6th Avenue, extended (Fire Station No. 3) from Medium Density Residential to Community Facilities. Planning and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance No. 81-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REVISING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY FACILITIES; SAID LAND IS LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD AT S.W. 6TH AVENE EXTENDED; PROVIDING FOR EXEMPTION FROM THE TRANSMIT- TAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. -25- 11/23/93 Mr. Ellingsworth moved for the adoption of Ordinance 81-93 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items: 13.A. Commission: Mr. Randolph pointed out that the glare from the lights at the Tennis Center restricts the vision of the drivers of vehicles from N.W. 8th Avenue traveling east and suggested that this should be checked by staff. As a member of the Pompey Park Swimming Committee, Mr. Randolph stated that the Committee is investigating the possibil- ity of a recreational type pool for Pompey Park with a wading pool for small tots. He expressed concern of the high cost of funding for the pool and the Committee is anticipating an esti- mate from the architect in the near future. Mr. Randolph expressed concern of drug activity in the southeast area of the City and that in order to stop crime within the City the drugs and illegal activities will have to be cur- tailed. Mrs. Smith felt that the work at the Playground at Veterans Park was a tremendous success and that the volunteers should be proud of their accomplishment. She commented that the residents deserved much credit and felt that the work on the playground helped to bring the community together. Mayor Lynch expressed appreciation to the many resi- dents who donated their time and effort and pointed out that many of the volunteers did not even live in the City. Mayor Lynch reported that he and the City Manager met with representatives from CoTran who gave information on their transportation expansion and will be returning to the City for its input. He hoped that the Chamber of Commerce, the DDA, the CRA and other agencies can work together with CoTran and can come up with a very effective bus system to meet with needs of the community. 13,B. City Attorney. None l~,C, City Manager. The City Manager reported that the City is working closely with the cities of Boynton Beach and Boca Raton and that personnel from each of the fire departments will be meeting in the near future regarding service in the vicinity of 1-95. Mayor Lynch declared the meeting adjourned at 8:05 P.M. -26- 11/23/93 city C e 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 which minutes were for- mally approved and adopted by the City Commission on December 7, 1993 City Clerk NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -27- 11/23/93