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01-26-93 JANUARY 26. 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 6:00 P.M., Tuesday, January 26, 1993. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey $. Kurtz 2. The opening prayer was delivered by Dr. Andrew Hall, former Pastor of First Baptist Church. The Pledge of Allegiance to the flag of the United States of America was given. 4, Mayor Lynch noted that Item No. 8.M. is added to the Consent Agenda; Items No. 9.E., 9.F., 9.G. 9.H. and 9.I. have been added to the Regular Agenda. Kathy Daley is also in atten- dance tonight to give a presentation on what is happening in Tallahassee. Dr. Alperin moved for approval of the agenda, as amend- ed, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Dr. Alperin moved for approval of the minutes of the Special Meeting of January 5, 1993, the Special Meeting of Janu- ary 8, 1993, and the Regular Meeting minutes of January 12, 1993, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 6, Proclamations. 6.A, Mayor Lynch presented a proclamation proclaiming the week of February 14 through 20, 1993, as "National PTA Week". 6.B. Mayor Lynch read and presented a proclamation proclaim- ing the month of February, 1993, as "American History Month" Mrs. Alice Burns came forward to accept the proclamation. Mayor Lynch read and presented a proclamation proclaim- ing the month of February, 1993, as "Afro-American History Month". Mr. Spencer Pompey came forward to accept the proclama- tion. 7. Presentations. 7.A. Mr. Perry DonFrancisco, on behalf of the Second Annual Holiday Toy Drive Committee, acknowledged the following individu- als for their efforts in making the second toy drive a success, as follows: (1) recognized Officer Jeff Miller as the individual most responsible for the success of the program; (2) from Searcy Denney Scarola Barnhart & Shipley, P.A., Ms. Linda Miller who was presented a plaque recognizing the generosity and thoughtfulness of the company; (3) from Leadership Cable which provided all of the promotional spots for the drive, Ms. Kathy Hazard who was also presented a plaque; (4) from Office Depot, Ms. Rhonda Estrada who was presented a plaque in recognition of their con- tributions; (4) Mr. Dan Burns, who was unable to attend the meeting. Ms. Helen Coopersmith was asked to accept the plaque in Mr. Burns' behalf. Mr. DonFrancisco then presented a check in the amount of $3,000.00 as a contribution to the City's after- school program in the hope that these funds would be used to purchase academic skill-building materials. Ms. Pam Post, Mr. Joe Dragon and Ms. Carolyn Parker came forward to accept the donation on behalf of the City. 7.B. Ms. Kathy Daley, City lobbyist, who presented an over- view of what the City's main interests are at this particular time in the State Legislature. (A copy of Ms. Daley's memorandum to the City Commission in this regard is attached hereto and made a part of these minutes.) Ms. Daley commented that the Cabinet is this year seriously reviewing boat speeds and wake zones on the Intracoast- al Waterway, and a Cabinet aide has approached her about Delray Beach. Apparently the Cabinet is going to be studying Palm Beach and Broward counties this year, and he would like to come down here at some point to travel the waterway from north end to south for a firsthand look at the situation. Ms. Daley asked for input from the Commission as to when would be a good time for this to occur. Mayor Lynch indicated that the Commission would like to get staff opinions and would then get back to her. On question from the City Manager as to any feel on what may happen with the PSC bill that relates to water reuse among other things, Ms. Daley stated that the PSC Bill contains so many things, that there will be a great deal of opposition. The following items were considered by the Commission as the Consent Agenda: CONSENT AGENDA -2- 1/26/93 8,A. Authorization to Submit Grant Application. The Commis- sion is to consider authorizing staff to submit a grant applica- tion to the Small Business Administration Tree Planting Program for funding to provide a treescape for Martin Luther King Jr. Drive. Approval is recommended. 8oB. Au~hQriz~tSQn for .Palm Beach County Supervisor of E~eQtions to Handle/Canvass Absentee Ballots and Represent the City ~ LQgi~ ~n~ A~curacy Tests for First Nonpartisan and Spe- cial Election. The Commission is to consider authorizing the Supervisor of Elections to handle/canvass the City's absentee ballots and represent the City's canvassing board at L&A tests for the March 9, 1993 election. Approval is recommended. 8.C. Approval of List of Pollworkers for Municipal Election. The Commission is to consider directing the City Clerk to select a sufficient number of clerks and inspectors from the list of pollworkers to conduct the March 9, 1993 municipal election pursuant to Section 34.02 of the Code of Ordinances. Approval is recommended. 8,D. Denial of Request for Conditional Use Modifica- tion/Geico. The Commission is to consider denial of a request from Gelco Space for a major modification to the conditional use for property located between N. Congress Avenue and the E-4 Canal. Denial is recommended. ~.E, Change Order No. 2/Bimecap Construction. Inc. The Commission is to consider approval of a change order in the amount of $2,365 and which extends the contract completion date by 16 days for sidewalk revisions in front of the City Attorney's office and substitution of plywood with styrofoam to prevent a waffling effect over truss straps, with funding from 1987 Utility Tax - Renovate City Attorney's Office (Account No. 333-1651-514-61.50). Approval is recommended. 8,F. Re~olution NQ, 6-93. Resolution No. 6-93, assessing the cost for abatement action necessary to board up an unsafe structure at 590 N.W. 46th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 6-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE -3- 1/26/93 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. 6-93 is on file in the official Resolution Book) $,G,. Resolution No. 7-93. Resolution No. 7-93, assessing the cost for abatement action necessary to demolish an unsafe structure at 1119 N.W. 1st Street, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 7-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 7-93 is on file in the official Resolution Book) 8.H, Resolution NO. 8-93. Resolution No. 8-93, assessing the cost for abatement action necessary to board up an unsafe structure at 415 N.W. 2nd Street, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 8-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE a LIEN UPON THE SUBJECT -4- 1/26/93 PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 8-93 is on file in the official Resolution Book) 8.I. R$$Qlu~ion NO, 9-93. Resolution No. 9-93, assessing the cost for abatement action necessary to demolish an unsafe structure at 1013 S.W. 8th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 9-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 9-93 is on file in the official Resolution Book) 8.J. Rg$olution No. 10-93. Resolution No. 10-93, assessing the cost for abatement action necessary to demolish an unsafe structure at 1005 Miami Boulevard, is before the Commission for consideration. Approval is recommended° The caption of Resolution No. 10-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. -5- 1/26/93 (Copy of Resolution No. 10-93 is on file in the offi- cial Resolution Book) 8.K, Resolution NO, 11-93. Resolution No. 11-93, assessing the cost for abatement action necessary to remove nuisances from 12 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 11-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 11-93 is on file in the offi- cial Resolution Book) Award of Bids and Contracts. 1. Office Supplies (Term Contract) - Joyce Office Products Center in the estimated annual amount of $38,600 with funding from All Funds 51.10 (Station- ary/Paper) and All Funds 51.20 (Office Equipment). 2. Three (3) Motor Cycles (via State Contract) - Police Department - Harley Davidson of Miami in the amount of $20,460, with funding from Garage Automotive (Account No. 501-3312-591-54.20). 3. Police Uniforms (via City of Boca contract) - Police Department - Martin's Lamar Uniform in the estimated annual amount of $30,000, with funding from Admin. Uniforms (Account No. 001-2111-521-52.22), Support Uniforms (Account No. 001-2113-521-52.22), Invest. Uniforms (Account No. 001-2115-521-52.22) and Patrol Uniforms (001-2117-521-52.22). 4. Lime Sludge Disposal - Environmental Services - Pavex Corporation in the amount of $1.18 per cubic yard with funding from Water and Sewer - Other Contractual Services (Account No. 441-5122-536-34.90). -6- 1/26/93 8,M, Dismissal of Co~ntercl~im/Kettlehut V~, City of Delray Beach. The Commission is to consider authorizing staff to dis- miss the City's counterclaim in the matter of Kettelhut vs. City of Delray Beach. Approval is recommended. 8,N, Agreement with SQuth Central Regional Wastewater Treat- ment and Disposal Board. The Commission is to consider approval of an agreement with the SCRWTD Board for the expansion of the Dechlorination System at the Boy Scout Hut on Lake Ida Road. Mr. Ellingsworth moved for approval of the Consent Agenda, with the addition of Item 8.M., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9,A. R~view of Appealable Land DevglQpmgn~ AQ~ion~ of Vari- ous Boards. The Commission is to 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 January 11, 1993, through January 22, 1993. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9~B, Acceptance and Placement of Don~tsd Sculpture/Pin~appl9 Grove: The Commission is to consider accepting a sculpture by Robert Palazzi donated to the Pineapple Grove District, and consider the Pineapple Grove Support Group's recommendation to place the sculpture on either the corner of N.E. 2nd Avenue and N.E. 2nd Street or on the corner of Atlantic Avenue and N.E. 2nd Avenue. On question from the Commission, Ms. Lula Butler, Director of Community Improvement, stated it is her understanding that the donor will be responsible for the cost of installation; he has not asked the City to assume this cost. Dr. Alperin moved to approve the request in accordance with staff's recommendation that Mr. Palazzi be allowed to in- stall his sculpture at the northeast corner of N.E. 2nd Street and N.E. 2nd Avenue with the understanding that the necessary permits be obtained from the Building Department, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -7- 1/26/93 9.C. Golf Course Clubhouse Proposal. Mr. John Collins, representing Gulf Building Corporation, was present to address the Commission on this proposal. Gulf Building Corporation is a real estate development, general contracting and construction management firm with offices in North Miami Beach. Mr. Collins proceeded to outline a proposal whereby Gulf Building Corporation will design, develop, build, finance and lease to the City a clubhouse at the existing municipal golf course. He discussed the fact that the existing clubhouse is an old and outdated facility, having been built in the 1950's, and is in need of repairs at an estimated cost of $100,000 (mainly for roof repair and for those requirements necessary to bring the facility into compliance with ADA standards). As an alternative, Gulf Building Corporation has been working with Shoup/McKinley, Architects, to design a project which Mr. Collins believes makes strong economic sense for the community. Mr. Collins then reviewed a conceptual site plan, project renderings and elevations, ground floor plans, and main floor plan considerations. Material samples and proposed finish- es were also presented for review. After discussion, Mr. Collins stated that the basis for this proposal is to finalize the de- sign, to develop and build the facility, landscape it to the point where the key goes in the door, complete with tables, bar equipment, furnishings, all of the finishes as shown, to be implemented into the project so that the only remaining items for the City to operate this facility would be to furnish the Pro Shop Manager's office, stock the pro shop, and provide those things that go on top of the tables (glass stemware, plates, forks, knives, etc.). Mr. Collins stated that for the dollars which are included in the lease proposal (proposed twenty-five year term), Gulf Building Corporation will build and finance everything in the facility on a turnkey basis, lease it to the City, and give the City the right at any time during the lease period to pur- chase the lease back for whatever unpaid portion there is on the lease payment. Everything is included in the job except for permit fees and impact fees since he was not sure how the City would want to handle these costs. He further stated if they are authorized to move expeditiously, the facility can be completed by December of this year (1993). The cost is estimated at rough- ly $125.00/sq.ft. for a turnkey facility. On further discussion, the City Manager advised that this proposal will be scheduled for the February 2, 1993, work- shop agenda for additional review and discussion; if the Commis- sion desires to move forward at that point, the matter could be scheduled for the February 9th regular meeting in order to take some formal action. As to the issue of financing, the City Manager stated that the facility would be financed from golf course revenues. He advised that this would be reviewed in more detail at the work -8- 1/26/93 session, including the impact it should have on future charges for golf course use and where the revenues would come from for the project. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. PUBLIC HEARINGS 10.A. Ordinance NO. 1-93. Ordinance No. 1-93, rezoning a portion of Abbey Delray South from RL (Low Density Residential) zone district to CF (Community Facilities) zone district, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance N°. 1-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 1-93 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. 1-93 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.B. Ordinance NO, 3-93. Ordinance No. 3-93, amending the Five Year Schedule of Capital Improvements as contained in the Comprehensive Plan to accommodate a drainage capital improvement to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 3-93: -9- 1/26/93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A DRAINAGE CAPITAL IMPROVEMENT; PRO- VIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-CRC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 3-93 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. 3-93 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 10.C, Ordinance No. 4-93. Ordinance No. 4-93, amending Section 4.4.5(B) of the Land Development Regulations to provide for a prohibition on the installation of new private irrigation wells or reconditioning of existing private irrigation wells to a greater depth within Wellfield Protection Zones 1, 2 and 3 of the 20-Series Wellfield, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 4-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.5.5, "PALM BEACH COUNTY ORDINANCES", OF THE LAND DEVEL- OPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.5.5(B), "WELLFIELD PROTECTION ORDI- NANCE'', TO PROVIDE FOR A PROHIBITION ON THE IN- STALLATION OF NEW IRRIGATION WELLS OR RECONDITION- ING OF EXISTING IRRIGATION WELLS TO A GREATER DEPTH WITHIN ZONES 1, 2 AND 3 OF THE SERIES 20 WELLFIELD AS INDICATED ON THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT'S APPROVED WELLFIELD MAP; PROVIDING A GENERAL RE- PEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 4-93 is on file in the official Ordinance Book.) -10- 1/26/93 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 4-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10,D, DQn~iQn of Proper~y to Habitat For Humanity. The Commission is to consider approving the donation of City-owned property located on S.Wo 7th Avenue to Habitat For Humanity. The City Attorney stated that prior to the donation of public property, a public hearing is required. Such public hearing has been duly noticed and scheduled for this time. Mayor Lynch declared the public hearing open. No one from the audience wished to address the Commission; therefore, the public hearing was closed. Dr. Alperin moved to approve the donation of City-owned property located on S.W. 7th Avenue to Habitat For Humanity, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Commen~ and Inquiries on Non-Agenda Items from the PuBlic. ll,A~ CitY Manager's Response; The City Manager advised there are no inquiries from the public to report back on this evening. I~,B, From the Public: ll.B.1. Mr. William F. Andrews, who referenced an article in the January 26, 1993, edition of the Sun-Sentinel entitled "Rail Set to Grow at Ports." Mr. Andrews noted that the article refers to Miami and Fort Lauderdale ports and, at first blush, it is encouraging that business is growing in South Florida, but it also means that all of this expanded freight is earmarked to come down the FEC railway which runs right through Delray Beach. He felt that this would translate into a lot more train traffic which would have a negative impact on living conditions in the city, and expressed concern that DCA had not come to the cities and asked for input. He suggested that the State ought to con- sider looking west to accommodate a new rail line if they want to, but certainly not increase the traffic on the FEC line to the magnitude purported by the article. Mr. Andrews stated that he feels this is a serious situation which the Commission ought to look into. -11- 1/26/93 ll.B.2, MS. Lillian Feldman, who expressed her concern about alleged crack houses in Delray Estates and her belief that, as a result, there are a lot of robberies in her area, not only in the Pines of Delray, but all over the Linton Boulevard area. Ms. Feldman asked for a report on what is being done by code enforce- ment to help this situation. ll.B.3. MS, Alice Finst. 707 Place Tavant, who presented sever- al items, as follows: (a) Asked that public comments be made #10 on the agenda instead of ~11 so the public can speak before the public hearings. (b) Regarding the historic marker in the northwest area at Mount Olive Baptist Church, Ms. Finst stated that the site is still unsightly and in need of improvement; the fence is rickety, there is no grass, and the base of the marker needs to be painted. (c) Asked that a mirror be put up in the Chambers so that the public can also see presentations made to the Commis- sion, or some other arrangement, perhaps a camera, which would permit the public to view presentations firsthand. (d) On behalf of the Homeowners League of Chatelaine, Ms. Finst stated that there are three (3) properties in the Chatelaine community which seem to be cycling through the Code Enforcement process; two of them dating back to 1988. Ms. Finst provided the City Manager with the addresses of the properties and requested any help which can be provided. ll.B.4. Mr. Richard Dorsey, residing on N.W, 2nd, who asked about the barricade on S.W. 9th Avenue, how it came into being and why? He also asked if this is going to be a trend in the Black community or if it is a one-time thing? Briefly, the City Manager responded that the city is working with the residents in many different neighborhoods to deal with crime and drug prob- lems; this particular street (S.W. 9th Avenue) is probably one of the worst in the city for drug dealing. The barricade was put up under the authority of Florida Statutes which allows local au- thorities to put in place experimental or temporary traffic control measures. Staff is meeting with the residents again in two weeks to evaluate the effectiveness of the barricade which has been put up. The present intention of the Police Department is, if conditions warrant it and the people who live there are willing to accept it, then we will try it to see if it is effec- tive. ll,B,5. Ms. Jean Beer. 945 Tropic Boulevard, who stated that she has been working with the Neighborhood Task Team and one of the things that is not coming before the Commission tonight is something along the line of what Mayor Lynch has suggested with -12- 1/26/93 respect to publishing the names of "johns". The NTT would like to see the people who are repeat code violators have their names published in the paper. She referred to a situation at a car dealership on Linton Boulevard over this past weekend where there were pennants on every car and a hot-air balloon with a sign on both Saturday and Sunday. FIRST READINGS 12,A. Ordinance No. 5-93. Ordinance No. 5-93, amending the Land Development Regulations pertaining to the flying of Flags, is before the Commission on First Reading. If passed, public hearing will be held February 9th. The City Manager presented Ordinance No. 5-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.7, "SIGNS", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUB- SUBSECTION 4.6o7(C)(5), "BANNER SIGNS AND FLAGS" AND ENACTING A NEW SUB-SUB- SECTION 4.6.7(C)(5), "BANNERS AND WIND SIGNS" TO PROVIDE FOR THE PROHIBITION OF BANNER SIGNS AND WIND SIGNS; BY ENACTING A NEW SUB-SUBSECTION 4.6.7(b)(12), "FLAGS", TO PROVIDE FOR FLYING TWO FLAGS TO ADVERTISE OPEN HOUSES OR APARTMENTS, FOR FLYING OF FLAGS OF SERVICE ORGANIZATIONS AT TIMES OF MEETING, AND TO PROVIDE FOR THE FLYING OF NO MORE THAN THREE (3) FLAGS ON PROPERTY LESS THAN ONE ACRE AND ONE FLAG PER 15,000 SQUARE FEET ON PROPERTY GREATER THAN ONE ACRE; AMENDING APPENDIX A, "DEFINITIONS", BY ENACT- ING A DEFINITION FOR THE TERM "FLAG"; PROVID- ING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance and explained the changes made. Mayor Lynch announced that public comment would be permitted at this time. John Prescot$, business owner located in Delray Beach, stated he feels the American flag should be set aside from many laws and ordinances because it is a different standard and com- petes with no one or no thing. Barry Silver, attorney for Mr. Prescott, congratulated the Commission for amending the ordinance in the elimination of a fee to fly the flag. He feels the ordinance serves no purpose, and suggested that a poll or survey be conducted to learn how the -13- 1/26/93 public feels or perhaps carve out an exception for the American flag. Robert Weintraub, local businessman, stated he feels the American flag should not be placed in the same category with commercial signs. Dr. Alperin moved for the adoption of Ordinance No. 5-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; -Mr. Ran- dolph - No. Said motion passed with a 4 to 1 vote. 12,B, Ordinance NO. 6-93. Ordinance No. 6-93, amending Section 37.15 of the Code of Ordinances to provide for the reduc- tion of the number of alternate members of the Code Enforcement Board, is before the Commission for consideration on First Read- ing. If passed, Public Hearing will be held February 9th. The City Manager presented Ordinance No. 6-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 37.15 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE REDUCTION OF THE NUMBER OF ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 6-93 on First Reading, seconded by Dr. Alperino Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.~. Ordinanc~ No. 7-93. Ordinance No. 7-93, correcting the zoning for a 4.32 acre parcel of land located on the west side of Federal Hifhway, south of Linton Boulevard (Dan Burns Oldsmobile) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district; and correcting the Official Zoning Map, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 9th. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 7-93: 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 PC (PLANNED COMMERCIAL) DISTRICT TO AC (AUTOMO- TIVE COMMERCIAL) DISTRICT; SAID LAND BEING -14- 1/26/93 LOCATED ON THE WEST SIDE OF FEDERAL HIGHWAY, SOUTH OF LINTON BOULEVARD; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 7-93 on First 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; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12~D. 0r~inanc~ NOv 8-93. Ordinance No. 8-93, amending the Code of Ordinances to prohibit parking on City maintained rights-of-way or swale areas except for temporary emergency purposes, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 9th. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 8-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.001, "DEFINITIONS", TO PROVIDE FOR A DEFINITION FOR THE TERM "SWALE"; AND SECTION 71.017, "STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES" TO PROVIDE FOR THE PROHI- , BITION OF PARKING ON CITY MAINTAINED RIGHTS- OF-WAY OR SWALE AREAS EXCEPT FOR TEMPORARY EMERGENCY PURPOSES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. David Henninger, Chairman of the Neighborhood Task Team, stated it was never the intention of the Neighborhood Task Team to place the responsibility of enforcement on the Police Department; but, that it should be a Code Enforcement issue. The City Manager advised that to effectively enforce this ordinance it will, out of necessity, involve both depart- ments. Mr. Randolph expressed feelings opposing this ordi- nance. Richard Dorsey, Jane Sullivan, Virginia Snyder voiced opposition to this ordinance. -15- 1/26/93 In response to a question from Richard Eckerle, the City Manager advised there is a provision in the revised ordi- nance to allow parking on swales where it is so signed. Mr. Henninger responded to questions regarding a solu- tion to parking problems that create hardship situations for invited guests, by stating that written in the ordinance are allowances for certain instances in which it cannot be enforced, should not be enforced and should be posted as such. Debra Dowd, member of the Neighborhood Task Team, expressed pleasure with the northeast area and the manner in which those residents are already in compliance with the ordi- nance, even though it is not being enforced. Assistant City Attorney Tolces commented that the Code currently provides for enforcement by the Police Department, so that paragraph can be deleted from this ordinance. Mr. Mouw expressed the feeling that this is neither a reasonable nor an enforceable ordinance. Dr. Alperin itemized a substantial list of reserva- tions, mostly coming from persons who had contacted him personal- ly with possible hardship situations he had no answers for. Mr. Ellingsworth suggested that, in deference to the hard work that has gone into this, perhaps representatives could meet with staff and return with other approaches. Mayor Lynch expressed his support of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 8-93 on First Reading, seconded by Mayor Lynch (who passed the gavel in order to second the motion). Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - No; Mr. Randolph - No; Mr. Lynch - Yes; Mr. Mouw - No; Vice-Mayor Alperin - Yes. Said motion FAILED with a 3 to 2 vote. Upon question by Mayor Lynch, Mr. Mouw requested that staff return with something that will work and not require a major effort of the City's enforcement personnel and is reason- ably equitable for people who reside on a 50-foot lot with no place to park. The Commission concurred, subject to input from staff, the Police Department, the Planning and Zoning Board and the Neighborhood Task Team. 12,E. THIS ITEM WAS REMOVED FROM THE AGENDA. 12.F, Ordinance NO, 10-93. Ordinance No. 10-93, amending the' Land Development Regulations to require all single family resi- dential properties to comply with minimum landscape requirements by a specified date; and, allowing existing single family proper- -16- 1/26/93 ties to have a manual irrigation system, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 9th. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 10-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.16.(B), "APPLICA- BILITY'', TO REQUIRE THAT LANDSCAPING OF' EXISTING SINGLE FAMILY DETACHED UNITS BE UPGRADED TO COMPLY WITH MINIMUM LANDSCAPE STANDARDS, TO THE EXTENT PHYSICALLY POSSIBLE, WITHIN TWO (2) YEARS; BY AMENDING SUBSECTION 4.6.16(F), "IRRIGATION REQUIREMENTS", TO PROVIDE FOR THE USE OF A MANUALLY OPERATED IRRIGATION SYSTEM FOR EXISTING SINGLE FAMILY DETACHED UNITS; RENUMBERING OF REMAINDER OF SUBSECTION 4.6.16(F); PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Alice Finst, resident, questioned the definition of minimum landscape requirements and "all" single family residen- tial. Lula Butler, Director of Community Development, responded that it is spelled out in that section of the Code and she is welcome to come into the office and pick up a copy. Upon question by Dr. Alperin regarding "manual" irriga- tion, Ms. Butler stated there are many homes that currently do not have any form of irrigation and it was not meant to impose a hardship. It is acceptable to water a lawn by hose or any of those items that can be purchased to assist in watering. Jean Beer, resident, stated there are many types of plants that garden clubs could stock, possibly through the ef- forts of a City nursery, and provide to those persons who need foundation covering for lawns that require very little water, but feel they cannot afford to buy. Mr. Randolph voiced his opposition to this ordinance, as being too invasive. Mr. Randolph moved for denial of Ordinance No. 10-93, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; -17- 1/26/93 Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.G. 0r~iDance No. 11-93. Ordinance No. 11-93, amending Appendix A of the Land Development Regulations by amending the definition of "Family", is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held February 9th. Planning and Zoning Board recommends denial (4-1 vote). The City Manager presented Ordinance No. 11-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING THE DEFINITION OF "FAMILY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Upon question by Mayor Lynch, Mr. Kovacs explained that the current ordinance allows five (5) vs. three (3) unrelated persons living together. The proposed ordinance allows a family, plus two (2) unrelated persons to live together. Jean Beer stated there are going to be a number of frustrated people who have worked very hard to come up with some minimal things they felt could be worked out if everyone worked together. Randee Golder, resident, stated she felt more informa- tion should have been provided to the Commission prior to the discussions and decisions made tonight, not only on this issue, but also the parking and minimal landscaping issues. Richard Dorsey, resident, commented that he feels if most of the decisions made here tonight are based on the results of the recommendations of the Task Force, they did not do their job. Dr. Alperin moved for the adoption of Ordinance No. 11-93 on First Reading, seconded by Mr. Lynch (passed the gavel in order to second the motion). Upon roll call the Commission voted as follows: Mr. Randolph - No; Mr. Lynch - Yes; Deputy Vice-Mayor Mouw - No; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 2 vote. Mayor Lynch and Mr. Randolph left the Commission Cham- bers at this time and Vice-Mayor Alperin took the Chair. -18- 1/26/93 12.H. Ordinance No. 12-93. Ordinance No. 12-93, amending the Land Development Regulations to provide additional variance criteria for Historic Sites, is before the Commission for consid- eration on First. If passed, Public Hearing will be held Febru- ary 9th. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 12-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" SECTION 4.5.1(J), "HISTORIC PRESERVATION BOkRD TO ACT ON VARIANCE REQUESTS", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 12-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to 0 vote. Mayor Lynch and Mr. Randolph returned to the Commission Chambers at this time. 12.I. Ordinance No. 13-93. Ordinance No. 13-93, amending the Land Development Regulations by amending Section 4.4.24, Old School Square Historic Arts District (OSSHAD) Zone in its entire- ty, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 9th. The City Manager presented Ordinance No. 13-93: 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 HIST6RIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Kovacs advised that the Planning and Zoning Board completed their review last night. Their recommendation was to adopt the ordinance with those changes outlined in Mr. Kovacs' -19- 1/26/93 memo distributed to the Commission earlier this evening. Discus- sion followed. The City Manager suggested delaying consideration on First Reading until the meeting of February 9th. Mr. Mouw moved to delay consideration of Ordinance No. 13-93 on First Reading until February 9th, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12,J, Ordinanc9 NO. 14-93. Ordinance No. 14-93, amending the Land Development Regulations to require payment of in-lieu of parking fees in the Old School Square Historic Arts District when required parking cannot be achieved, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 9th. The City Manager presented Ordinance No. 14-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUB-SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE", TO PROVIDE THE IN-LIEU FEE OPTION TO THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD); PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 14-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. ~2,K. Ordinance No. 15-93. Ordinance No. 15-93, amending the Land Development Regulations to allow life guard facilities as an ancillary use in the OS (Open Space) zone district, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 9th. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 15-93: -20- 1/26/93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT", SUBSEC- TION (C), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "LIFEGUARD STANDS, HEADQUARTERS AND NECESSARY SUPPORT FACILITIES" AS A PERMITTED ACCESSORY USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 15-93 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.L. Ordinance NO, 16-93. Ordinance No. 16-93, amending the Land Development Regulations to provide for a reduction in the rear setback for duplexes in the RL (Low Density Residential) and RM (Medium Density Residential) zone districts from 25 feet to 15 feet, is before the Commission for consideration on First Read- ing. If passed, Public Hearing will be held February 9th. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 16-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO REDUCE THE REQUIRED REAR SETBACK FOR DUPLEXES IN THE RL AND RM ZONING DIS- TRICTS FROM 25 FEET TO 15 FEET; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 16-93 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the Regular Agenda. -21- 1/26/93 9.D. Resolution No. 12-93. Resolution No. 12-93, calling for a Special Election to be held March 9, 1993, is before the Commission for consideration. The City Manager presented Resolution No. 12-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAUSE TO BE PLACED ON THE MARCH 9, 1993, DELRAY BEACH MUNICIPAL ELECTION BALLOT A QUESTION RELATING TO THE USE OF DECADE OF EXCELLENCE FUNDS ON S.E./S.W. 10TH STREET; ESTABLISHING THE BALLOT LANGUAGE TO STATE THE QUESTION; PRO- VIDING PROCEDURES PERTAINING TO THE VOTE ON THE QUESTION; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the resolution in its entirety. Mr. Mouw moved for the adoption of Resolution No. 12-93, subject to an adjustment to the wording changing Germantown Road to Wallace Drive, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 9.E, Change Order No. 1/Asphalt Construction of Palm Beach. In~. The Commission is to consider approval of a change order to the original contract for the N.W. 10th Avenue Extension/Spady Access Project to Asphalt Construction of Palm Beach, Inc., in the amount of $82,660.26, with funding from Stormwater Utility Fund - Northwest Drainage Area Project (Account No. 448-5411-538-62.11). City Manager recommends approval. Mr. Ellingsworth moved for approval of Change Order No. 1, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.F. Change Order No. 2/Hardrive~, Inc. The Commission is to consider approval of Change Order No. 2 to the contract with Hardrives, Inc., for the 1992 Street Resurfacing Program, in the amount of $100,000', with funding from Capital Outlay/Street Reconstruction (Account No. 225-3162-541-61.17). City Manager recommends approval. *$100,000 is an approximate figure; a final estimate will be provided at the January 26, 1992, meeting. (The City Manager advised at the meeting that the final amount is $99,373). Mr. Ellingsworth moved for approval of Change Order No. 2, seconded by Dr. Alperin. Upon roll call the Commission voted -22- 1/26/93 as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. Purchase of Furniture for T~nni~ C~r/Budqet Transfer Request. The Commission is to consider approval of the purchase of furnishings for the tennis center clubhouse from J.C. White in the amount of $14,935.25, with funding from Tennis Center - Furniture/Fixtures (Account No~ 001-4124-572-64.10), subject to approval of accompanying budget transfer. City Manager recom- mends approval. Mr. Mouw moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.H. Tennis Center Update. The City Attorney stated there were some problems with the contractor on the tennis site; those problems have apparently been resolved. The project is moving along on schedule; however, the contractor had requested additional funds that he has since withdrawn. The City has been provided with the assurance that the project will be completed in a timely fashion. He feels it is appropriate to entertain a motion to allow the City Manager to take any and all action that he may deem appropriate to ensure a timely completion of the project. Dr. Alperin moved to allow the City Manager to take any and all action that he may deem appropriate to ensure a timely completion of the tennis center project, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.Io Direction Concerning Increasinq Retired Police and Fire Pensions. The Commission is to consider providing direction concerning increasing the retired Police and Fire Pensions. The City Attorney stated the City Commission has previ- ously adopted an ordinance dealing with general employees. The Police and Fire Pension Board passed a motion to request the same increase for Police and Fire retirees; and for those retirees who had retired previous to January 1, 1991, that they be granted a five percent (5%) increase in their compensation. Upon question, the City Attorney stated that this has not been specifically costed out; a number of alternatives the Commission requested, which the Pension Board augmented. The closest alternative was one in which there would be a two percent (2%) increase for each year of retirement up to a maximum of ten percent (10%). -23- 1/26/93 The City Attorney agreed to provide the Commission with information of the names of individual retirees and their benefit levels, the length of time they have been retired and any other pertinent information that might be helpful. The consensus of the Commission was favorable to look- ing at this program after all information has been provided. The City Attorney advised he would prepare an ordinance for the Commission to consider on First Reading at the February 9th meeting. The City Attorney commented that in the 1988 amendment, the language was specific in stating that only members, not their beneficiaries, were entitled to the increase. The Pension Board is recommending that that be taken into consideration and ensure that those beneficiaries would receive an increase; also, that the City retroactively cure the dichotomy between the practice and the older ordinance. Robert Brown, Firefighter and member of the Police and Fire Board of Trustees, stated the intent of the Board back in 1987,was to give all beneficiaries (surviving spouse and chil- dren) the benefit. Apparently, when the ordinance was adopted, it was inadvertently written as the retired member only. Actuarily, the cost has been funded as administered and there would be no increase in cost as it has been costed out by the actuaries and funded as such. He further stated that what the Board actually passed was to give an increase of two percent (2%) times the number of years retired, going back to 1988. 13, Comments and Inquirie~ Qn Non-~genda 13,A.1, Mr. Ellingsworth questioned if the City Attorney had had a chance to look into the matter of whether the City can use previous experience and track records with contractors as a criteria for the bidding process; and, if this can be used as a factor in determining if a bid will be accepted. The City Attor- ney replied that the City can do that and, he believes, the City is currently doing that to a certain extent. 15,A,2, Mr. Randolph stated that he wanted the Neighborhood Task Team members to know that his comments and votes regarding some of their proposals were nothing personal. He recognized their hard work; however, he represents all the citizens of Delray Beach, especially those in certain areas who are in dire financial straits. 13.A.3. Dr. Alperin commented that he and Commissioner Ellingsworth attended the Planning and Zoning Board public hear- ing on infrastructure needs last night and were very impressed by the turnout and the interest shown by the citizens. He feels this is possibly due to a result of the increased responsiveness and cooperation from staff in recent years and commended Planning and Zoning for an excellent job. However, in reviewing a list of -24- 1/26/93 projects compiled as a result of the hearing, the City is facing some real financial challenges to meet the requests and probably a lot of stress on staff to try to deliver. !3.A.4. There were no comments or inquiries from Mr. Mouw. 13.A.5. Mayor Lynch reported that a letter was written to Dr. Monica Uhlhorn, reminding her of the City's position regarding the reuse of Carver School; that it should be a school used basically for this community and not to be used as an alternate school location. This is being placed on record once again and the City is trying to finalize the School Board's actual plans and the time frame to be used. Upon a response, this information will be reported back to the Commission. 13.A.6. Mayor Lynch questioned the status of the Lake Ida Road medians and the wall along the north side of the road. The City Manager stated that the owners of the properties involved have been contacted by mail, but he does not know what type of re- sponse has been received. The issue of whether or not the County will agree to redesign the road to accommodate the medians is still being worked on. The City Manager will contact Commission- er Lee to learn when she plans to present this matter to the Board of County Commissioners. !~,A.7. Mayor Lynch commented that at the town meeting on January 19th, Charles Ridley (MAD DADS) mentioned that a recom- mendation of the Drug Task Force was to form an advisory group of citizens. Dr. Alperin, a member of the Drug Task Force, advised that the task force did not make that recommendation, but he and Major Lincoln are going to meet with the City Manager and the Police Chief to discuss enactment of some of the recommendations which were made and bring them before the Commission. 13.A.8. Mayor Lynch stated he would like the City to take a stronger position on prostitution, drugs and teenage pregnancy, which are issues in the community which need to be addressed. One way to do it is through an advisory group; but, taking a stronger stand from a Commission standpoint might prove helpful. 13~B,l~ The City Attorney commented, with respect to the May- ors' request regarding prostitution, drug dealers and buyers and the publicizing of names, that the attorneys in West Palm Beach were contacted to learn what their City attorney's office had done with respect to this issue and whether they had looked into the potential liability issues, only to learn that they had not looked at this issue at all. His concern would be in the case of a false arrest situation, where damages have been compounded. In his opinion this is indeed a risk. The City Attorney further stated that there are a number of newspapers throughout the country that have police reporters and sections within their newspapers that are devoted to what has been happening with respect to all arrests and, to -25- 1/26/93 him, that would be the~ better situation simply because of the expense involved with the City acquiring the ads. There is no absolute restriction on it, but these are concerns. Mayor Lynch commented that he would like to sit down with the newspaper to see which ones would be willing to work with the City. 13.C,1. The City Manager stated with regard to a question concerning the status of the newsracks, the inventory has been completed, First Violation Notices are being prepared for Homewood Boulevard and Lake Ida Road to be mailed to the newspa- per companies by the end of the week. It is hoped that a speedy response will be made and that those racks will be correctly placed or removed within 15 days. The City Attorney commented that the newspapers have finally acquiesced and a meeting is scheduled for either February 5th or 12th. 15,C.~. The City Manager responded to a question from Mayor Lynch from the Beach Property Owners Association regarding public hearings for license agreements by stating that staff does not feel this is necessary. A formal Public Hearing requires a ten (10) day notice by newspaper ad, Land Use matters require proper- ty owner notice and there is no such notice required at a City Commission meeting. A license agreement has no review by other boards; it goes directly to the City Commission. Some alterna- tives can be implemented, such as: All license agreements can be placed on the Regular Agenda; staff could comment about Land Use relationships; and, the City Commission could either find no problems and approve or provide notice to interested parties or reject it. He feels there is ample opportunity for public input on the agenda. 13.C.3. The City Manager stated, in response to a suggestion that a TV monitor be placed in the Commission Chambers, that this is a possibility. In checking into this, all materials that would be required to install this would cost approximately $1,000. He is looking for direction from the Commission. Mayor Lynch stated that he feels there are other alter- natives. Mayor Lynch declared the meeting adjourned at 9:55 P.M. ATTEST: -26- 1/26/93 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 January 26, 1993, which minutes were formally approved and adopted by the City Commission 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- 1126/93 Kathleen E. Daley '-'-' & Associates (~()V~ii{NMI~NTAI A ~:t¥~ IR~ MEMORANDUM TO: CITY COMMISSION THROUGH DAVID HARDEN, CITY MANAGER FROM: KATHLEEN E. DALEY ~ SUBJECT: 1993 LEGISLATIVE SESSION DATE: JANUARY 25, 1993 The following will be the main issues that we will be working on during the 1993 Legislative Session. Please keep in mind there will be other issues that will surface as the bills get filed. Due to the early date of this year's session, bill drafting is backed up, and all of the bills are not known at this time. 1. Community Redevelopment Areas (CRA) The Senate Committee on Community Affairs and the House Committee on Tourism & Economic Development are reviewing Chapter 163, Part 3, dealing with CRA's. They are concentrating on Tax Increment Financing and its effect on Special Taxing Districts. There will be a proposed committee bill (PCB) from each committee and we have been working with them since. November. 2. Wastewater Reuse We have filed, through the legislature, a bill relating to wastewater reuse by local government. Our goal is to include wastewater reuse in the list of services we, as a local government can offer. This is a good environmental position; as well as a home rule issue. Our sponsors are Senator Robert Wexler and Representative Suzanne Jacobs. Senator Jim Scott has agreed to sign on, and our goal is to get all the local delegation members to sign on. I spoke with Mary Baruch, Palm Beach Delegation aide, and I was told that the county agrees with our position and will join us in our efforts. 3. Code Enforcement Representative Mandy Dawson has filed a bill, regarding code enforcement, which will cancel the fine imposed by the code enforcement board if the property is sold to a buyer who will re- One Capitol Place · 108 E. Jefferson Street · Suite C · Tallahassee, Florida 32301 (904) 222-0000 · Fax: (904) 222-0095 One Park Place · 621 N.W. 53rd Street · Suite 240 · Boca Raton, Florida 33487 (407) 997-8768 · Fax: (407) 997-8945 Page Two Memorandum to City Commission January 25, 1993 develop for the purpose of a non-profit use, ie. housing. I expressed my concern about the language and Representative Dawson assured me she does not want to create a relief bill, but rather wants to encourage redevelopment- efforts. She wants to work closely with us, and any language we may have to address the code enforcement problems we face can be incorporated into her bill through the amendatory process. 4. Municipal Pension Boards During the Special Session a bill was filed which would transfer the administration of Municipal Police and Fire Pension Trust Funds (chapters 175/185) from the Department of Insurance (DOI) to the Department of Administration (DOA). The duties of collection and distribution of the premium taxes would stay with the DOI, but the DOA would determine if the cities were in compliance in order to receive those monies. This amounts to a fee by the state for the use of state services that are not optional!!! The annual fee is expected to be between $600-$1,200 per pension plan. The need for transfer appears to be political, and could increase pension costs in the long run due to different interpretations of the law by the DOA. We were able to pass an amendment which would delete the fee, and subsequently the entire bill failed. Although the problem is more of a philosophical one, this could cause more litigation. We anticipate the bill returning during this session and will act accordingly. 5. Beach Nourishment We will continue our efforts to find a dedicated funding source. There are several bills addressing this, but none have received a favorable response. I will continue to follow this and to work with you. KED~sf ~ccl.mem LEGISLATIVE MEMBERS WHO REPRESENT DELRAY BEACH House: Representative Carol Hanson Representative Suzanne Jacobs Representative Ron Klein Representative Tom Warner (western Delray, not in city limits) Senate: Senator Matt Meadows Senator Jim Scott Senator Robert Wexler