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02-09-93 FEBRUARY 9. 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, February 9, 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 Assistant City Attorney Susan Ruby 2. The opening prayer was delivered by Reverend Ralph Nygard, Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch noted that there is an addendum to the agenda, adding Items No. 9.L. and 9.M. to the Regular Agenda. 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 approval of the Regular Meeting minutes of January 26, 1993, seconded by Mr. Randolph. 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 read and presented a proclamation proclaim- ing February 19, 1993, as "Pythian Founders Day" Representa- tives from Atlantic Lodge #217 and the Boynton-Delray Lodge #206 came forward to accept the proclamation. 6,B. Mayor Lynch presented a proclamation proclaiming the period February 18 through February 28, 1993, as "Shrine Hospital Days" 6,C. Assistant City Attorney Susan Ruby read and presented a proclamation calling for a First Nonpartisan Election to be held on Tuesday, March 9, 1993, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. 6,D, Assistant City Attorney Susan Ruby read and presented a proclamation calling for a Special Election for the purpose of determining whether the City of Delray Beach shall be enabled to use street project monies from the Decade of Excellence general obligation bonds for reconstruction of S.E./S.W. 10th Street from Federal Highway to Congress Avenue, including sidewalk and drain- age improvements, instead of being limited to the expenditure of such funds only on reconstruction of S.E./S.W. 10th Street from Federal Highway to Wallace Drive (Germantown Road), to be held on Tuesday, March 9, 1993 between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. At this time City Attorney Jeffrey S. Kurtz arrived, the time being 6:15 P.M. 7. Presentations. 7,A, Annual Financial Report by Joseph Safford. Finance Director. Mr. Safford presented the Annual Financial Report and stated, after allowing the Commission a period of approximately three weeks for review, he would like to workshop this report the beginning of March. At that time he would like to make a presen- tation and highlight those areas of the report that he feels should be brought to the attention of the Commission. He compli- mented Jack Fedor and the auditors on a fine job, and Milena Walinski, Assistant Finance Director. Paul Bremmer, representing Ernst and Young, thanked the Finance Department for an outstanding job. The City has been awarded the Certificate of Achievement for the September 30, 1991 report, the highest award for excellence in financial reporting. This Financial Report will also be submitted for the Certificate of Achievement. The following items were considered by the Commission as the Consent Agenda: CONSENT AGENDA 8.A. Waiver of Landscape Requirements. The Commission is to consider approval of a request for waiver of the perimeter land- scape requirements for a vehicle repair facility within the Ninth Street Plaza, located on the southwest corner of S.E. 9th Street and S.E. 6th Avenue. Approval is recommended. 8.B, Mutual Aid Agreement/Palm Beach County Sheriff. The Commission is to consider approval of a mutual aid agreement with 2 2/9/93 the Palm Beach County Sheriff which provides for mutual assis- tance during law enforcement emergencies which cross jurisdic- tional lines within Palm Beach County. Approval is recommended. 8.C. Agreement with Sun Bank. The Commission is to consider approval of an agreement with Sun Bank which regulates the proce- dures for the transfer of funds. 8,D, Approval of User Agreement with F~Qrida Q~partment of Law Enforcement. The Commission is to consider approval of an agreement with the Florida Department of Law Enforcement which allows the City's Police Department to receive information from the Florida Crime Information Center and the National Crime Information Center. 8.E, Agreement with Delr~y Summit. The Commission is to consider approval of an agreement with Delray Summit with regard to removing the parking area on the north side of Lowry Street. Approval is recommended. 8.F. Donation to ~he Drug Abuse Foundation. The Commission is to consider approval of a donation of $10,000 to the Drug Abuse foundation for the relocation and expansion of their half- way house facility, with funding from Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90). Approval is recommended. 8,G, Initiation of All America City Application. The Com- mission is to consider authorizing staff to initiate the applica- tion for the All America City Award for Community Progress and Improvement through Citizen Action, Effective Organization and Inter-Sectorial Cooperation. ~.H, Denial of Settlement Offer. The Commission is to consider denial of an offer in the amount of $75,000 to settle Hollis vs. City of Delray Beach. Denial is recommended. 8,I, ResolutiQn NO, 12-93. Resolution No. 15-93, objecting to a proposed State-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over gov- ernmental water and sewer systems, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 15-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OBJECTING TO A PROPOSED STATE-WIDE RATE STRUCTURE AND TERRI- TORIAL DISPUTE JURISDICTION OF THE FLORIDA PUBLIC SERVICE COMMISSION OVER GOVERNMENTAL WATER AND SEWER UTILITY SYSTEMS; AND PROVID- ING AN EFFECTIVE DATE. (Copy of Resolution No. 15-93 is on file in the offi- cial Ordinance Book) -3- 2/9/93 8.J. Re~olution NO. 13-95. Resolution No. 13-93, assessing the cost for abatement action necessary to remove nuisances from 23 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 13-93 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. 13-93 is on file in the offi- cial Resolution Book) 8.K. Resolution No, 14-93. Resolution No. 14-93, assessing the cost for abatement action necessary to remove nuisances from 25 properties located within the City, is before the Commission for consideration. The caption of Resolution No. 14-93 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. 14-93 is on file in the offi- cial Resolution Book) -4- 2/9/93 8.Lo Award of Bids and Contract~. 1. Housing Rehabilitation - 202 S.W. 15th Avenue - Preston Construction in the amount of $17,170, with funding from CDBG Housing Rehab (Account No. 118-1963-554-49.19) 2. Housing Rehabilitation and Relocation of Structure - 41 S.W. 12th Avenue - LaPlant-Adair (moving) in the amount of $18,500 and Intercontinental Construction (rehab) in the amount of $14,296, with funding from CBDG Housing Rehabilitation (Account No. 118-1963-554-49.19). 3. Brass Risers (term contract) - Environmental Services - Ferguson Underground, Inc., in the estimat- ed amount of $20,200, with funding from Water and Sewer - Water Maintenance General Operating Supplies (Account No. 441-5143-536-52.20) and Water and Sewer Renewal and Replacement Meter Placement Program (Account No. 442-5178-536-61.81). Mr. Mouw moved approval of the Consent Agenda, as presented, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9,A. Review of Appealable Land D~velopment Actions Qf V~i- 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 25, 1993 through February 5, 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, Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval to estab- lish a specialized service shop and/or a full service vehicle repair facility within the Ninth Street Plaza located on the southwest corner of S.E. 9th Street and S.E. 6th Avenue. Approv- al is recommended. Mr. Kovacs, Director of Planning, stated this is the last building in that block and the applicant is requesting a conditional use approval for either a specialized auto use or a repair use. The site has been developed in accordance with the plans for the remainder of the projects on that block. -5- 2/9/93 Mr. Ellingsworth moved approval, seconded by Dr. Alperin. Dr. Alperin stated it is indicated that this property is currently in use and questioned if this is an accepted use at this time. Mr. Kovacs responded that it is not and they do not have an occupational license at that address. Discussion fol- lowed. Upon question by Mayor Lynch as to the reason the business being conducted at this time is illegal, Mr. Kovacs replied that the Nissan Auto Dealership was to have terminated and left the property, under an agreement entered into between the City Commission and Mr. Wallace in the mid-1980's. The conditional use approval then became void when the property was unoccupied for 180 days. Therefore, any use of that property would be subject to proceeding through the conditional use pro- cess. However, Mr. Wallace has allowed individuals to use the building for auto repair. The City's position is that there is no permanent use for the property; everything has expired and no one has a right to be in the building. Once the conditional use is approved, it will be necessary for the user to obtain an occupational license in order to legalize the operation. Mr. Randolph expressed concern that the Code Enforce- ment Division has permitted this operation to continue for this length of time. Dr. Alperin withdrew his second upon learning that the property is not being used properly. Mr. Mouw seconded the motion. Mich~$1 Weiner, representing the applicant, stated he understands the City's position; however, there is a procedure and a way to do that. He feels that the City should not deny his applicant what staff has recommended and what appears to be good zoning practice. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9,~, Delray Affair. The Commission is to consider declaring Commission support for the Delray Affair to be held April 16, 17 and 18, 1993, and their request for staff support, use of City facilities, trash collection and street barricading. The City Manager commented that the direction needed from the Commission concerns the allocation of overtime costs and how much should be paid by the sponsors of the event. Mr. Ellingsworth moved approval of the request from the Chamber of Commerce for support and assistance from the City, -6- 2/9/93 with overtime costs to be shared 50/50, for the Delray Affair, seconded by Mr. Randolph. Clarification was requested as to exactly what streets and parking area would be closed off for the Affair. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9,D, Drug Task Force Final Report. The Commission is to consider authorizing staff to create an advisory board to address the issue of drug problems within the community and directing staff to proceed with the recommendations under items A and B, Leadership of the report. Approval is recommended. Dr. Alperin stated that recently he, the City Manager, the Police Chief and Major Lincoln met and they came to an agree- ment that the best way to approach this would be to form a com- mittee of hands-on people. Their request is for the Commission to consider the creation of a committee that will ensure that something material is happening in those neighborhoods where the problems exist. The City Manager commented that details need to be worked out relative to suggestions constituting the membership and the exact charge to the group. Mr. Randolph commented that a strong policy statement is needed to help eliminate some of the problems, but he does not want the total emphasis being on the drug problems in the neigh- borhood; he would like to see it shut off at the borders before it gets that far. Mr. Ellingsworth moved approval in concept, subject to the submission of final details, 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. 9.E. Consideration of Funding Source/Boys and Girls Club Request. The Commission is to consider approval of a funding source to provide a $100,000 grant to the Boys and Girls Club. The City Manager stated at this point in the year, there is no source of funds. He sees no way that the City can come up with anything like what they are requesting. If the Commission would like to consider eliminating the Fourth of July fireworks display in the amount of $8,000 and perhaps come up with a couple of thousand dollars more, resulting in a total amount of approximately $10,000, it might be possible; but he cannot recommend in good conscience taking it from anywhere in the current budget. Upon question by Mayor Lynch regarding the CRA repay- ment, the City Manager responded that the CRA repayment is a bond -7- 2/9/93 issue that was issued for capital purposes and he has been ad- vised that it would be an inappropriate expenditure. The Commission concurred in wanting to support this program, but the money is not available at this time. 9,F, Landscape Maintenance for Beautification Areas. The Commission is to consider determining whether to award the bid for landscape maintenance for the beautification areas to the low bidder(s) or to direct staff to perform these functions in-house. The City Manager commented that he feels quality assur- ance, enhanced response time and the fact that these are high visibility areas make it a more desirable solution for the City to handle their own maintenance. Discussion followed regarding herbicides, weed control and mowing. Mr. Randolph moved approval for staff to perform land- scape maintenance in-house for the beautification areas, seconded by Dr. Alperin. 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. At this time the Commission concurred to skip Item No. 9.G. and go directly to Item No. 9.H. due to the fast-approaching time for Public Hearings. 9,H, Letter to Palm Beach County School Board. The Commis- sion is to consider approval of sending a letter to the Palm Beach County School Board with regard to Elementary School "S" Mr. Mouw moved for approval, seconded by Mr. Ellingsworth. 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.I. Chanqe Order No. 6/Molloy Brothers. The Commission is to consider approving a change order in the amount of $18,661 for the installation of a four-inch bypass piping/meter/check valve at a 10-inch meter vault located at Military Trail and Lakefront Boulevard, with funding from Water and Sewer Renewal and Replace- ment - Water Meter Replacement Program (Account No. 442-5178-536-61.81). Approval is recommended. Dr. Alperin moved for approval of Change Order No. 6, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9..J. Appointment to the Public Employees Relations Commis- sion. The Commission is to consider the appointment of a member -8- 2/9/93 to fill the unexpired term of Robert Fellows ending April 11, 1994. Mr. Mouw moved to appoint William Andrews, seconded by Dr. Alperin. 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. 9,K, Proposed Change of the Community Facilities District to Institutions. Facilities and Services. The Commission is to consider a proposal to amend the Land Development Regulations by changing the Community Facilities (CF) District zoning classifi- cation to Institutions, Facilities and Services (IFS) District. Planning and Zoning Board and Community Redevelopment Agency recommend approval, subject to conditions. The City Manager stated this proposal grew out of an understanding that staff had of concerns regarding the Community Facilities district and the uses permitted in it. It was placed on the Regular Agenda prior to drafting an ordinance, in order to get direction from the Commission. He has concerns about the district, as proposed, that the range of uses is very large, they are not all similar and it might be better to have two (2) sepa- rate districts. Mr. Mouw commented that he had a problem understanding why the City needs to change CF to IFS. It is his feeling that a true community facility such as a park might want to be under a separate designation from churches, etc. After discussion, it was the consensus of the Commis- sion that if the change were to be made, they would be in favor of establishing two (2) separate districts as recommended by the City Manager. At this time the Commission moved to the duly adver- tised Public Hearings portion of the Agenda. PUBLIC HEARINGS 10,A. Ordinance No. 5-93. Ordinance No. 5-93, amending the Land Development Regulations by repealing and enacting a new Subsection 4.6.7(C)(5), "Banners and Wind Signs" to provide for the prohibition of banners and wind signs; and by enacting a new Subsection 4.5.7(B)(12) to provide for the flying of two flags to advertise open houses or apartments, the flying of service organ- ization flags at times of meeting, and to provide for the flying of no more than three flags on property less than one acre and one flag per 15,000 square feet on property greater than one acre; amending Appendix A and enacting a definition for the term "Flag", is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordi- -9- 2/9/93 nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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 DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUB-SUBSEC- TION 4.6.7(C)(5) "BANNER SIGNS AND FLAGS" AND ENACTING A NEW SUB-SUBSECTION 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 APART- MENTS, FOR FLYING OF FLAGS OF SERVICE ORGAN- IZATIONS 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 ENACTING A DEFINITION FOR THE TERM "FLAG"; PROVIDING A REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 5-93 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. John Prescott, business owner in Delray, stated his attorney relayed to him that a deposition had been taken of one of the City officials, who stated under oath he knew that the flag ordinance was unconstitutional. He feels the American flag should be excluded from the ordinance. Arthur Patrick, Jose Medina, Tom Mathfield, Joanne Pappard, and Rober~a Stowe spoke in opposition to the flag ordi- nance. Bob French, Tropic Bay, stated he feels the American flag is a symbol that should be dealt with with a sense of quiet reverence and a sense of dignity. The massing of flags should not be a carnival event nor a blatant display for a commercial enterprise, but as a ceremonial presentation to pay honor and respect. Lillian Feldm~n voiced her patriotism and her resent- ment for those persons who come to Delray and try to tell the -10- 2/9/93 residents what to do. The residents of Delray do not want a honky-tonk town. The public hearing was closed. Dr. Alperin stated that the intent of this ordinance is not to inhibit or prohibit patriotism. The ordinance does not eliminate the right to fly the flag, but only to limit the use of the number of flags. He feels the community is allowed to set some standards as to what is respectful. Dr. Alperin moved for the adoption of Ordinance No. 5-93 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 - No; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. Before roll call Mayor Lynch commented that he had been deposed this week for one and one-half hours. He never said the ordinance was unconstitutional; he did give personal feelings and some positions as Mayor, which may sometimes differ. In this case, he feels there is more of a degradation of the flag than praise; that it is being used as a sign or a signal for merchan- dising. The Commission and residents of Delray have a right to make their City aesthetically beautiful. Millions of dollars have been spent to make Delray attractive and it is also the intent to make the signs of the City attractive. A flag is not always a flag when it is used as a signal or a sign to sell products. At this point the roll was called to the motion. 10,B. Qrdinance 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 consideration on Second and FINAL Reading. Planning and Zoning Board recom- mends denial. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 11-93 is on file in the official Ordinance Book) -11- 2/9/93 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. David Henninger, Chairman of the Neighborhood Task Team, stated he realizes that this is a controversial item. He gave an overview of the background and read a prepared statement, a copy of which is attached hereto and made a part of these minutes. In looking at Delray's version of the definition of "Family", in comparison to five (5) other surrounding areas, he feels it is the most generous. The Task Team decided on three (3) unrelated persons, as it was felt that reducing the number to three (3) would have a positive effect on parking problems. Part of the problem with overcrowding is, in fact, the parking prob- lems that arise. It was never the intent of the Task Team to direct this at any one element or segment of the population to infringe upon anyone's basic rights. Mayor Lynch thanked Mr. Henninger and the Task Team for their efforts and dedication. $~m Clark, Chairperson of the board of American Civil Liberties Union Chapter in West Palm Beach, stated that, in their opinion, this ordinance is unconstitutional and is an invasion of privacy. Daniella Henry, Haitian-American, stated she believes that amending the definition of "family" will severely impact a large population in Delray, especially the Haitian community. Rosetta Rolle, 301 N.W. 3rd Avenue, expressed the feeling that amending this ordinance is an imposition and that it is directed at one particular group. She requested that the Commission deny the ordinance. Alex Spear, former member of the NTT, stated she feels where there is more than one family living in a household, that the designation should automatically fall into multi-family. JQn~than Green, Vice-President of the West Atlantic Property Owner's Association, commented that the Commission should review the circumstances before being so judgmental re- garding family situations. Dr. Cadet, Chairman of the Haitian-American Chamber of Commerce, stated he has been sitting with the NTT for the past two years trying to solve this issue. He is requesting that the Commission give serious consideration to the ramifications of this ordinance. Jerry Marshall, Woodlake, commented that he feels this ordinance would be unenforceable, as stated by the ACLU. He feels this goes against the concept of extended families in this -12- 2/9/93 country. He also feels the City does not have the manpower to enforce this ordinance. The public hearing was closed. Dr. Alperin expressed concern and suggested this be discussed at a joint workshop with the NTT to learn if there is a viable solution. Dr. Alperin moved to continue the Public Hearing on Ordinance No. 11-93 to the Regular Commission meeting of March 23, 1993, to allow time for a joint worksession with the NTT, seconded by Mr. Mouw. 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. Before roll call the following discussion was had: Mr. Randolph stated that while he respects and appreci- ates the hard work of the NTT, he feels the problem deals with economics and that the Commission should take this into consider- ation. The City Manager commented that, should this ordinance be illegal, every city and county in the entire country that has zoning has an illegal law on the books. If "family" cannot be defined in this manner, then the concept of a Single Family Zoning district has no meaning. Mr. Ellingsworth requested that staff supply all items contained in the LDRs referring to this issue, i.e., total square footage of single family homes, number of bathrooms, bedrooms, etc. Mr. Mouw expressed a desire to receive this information in some sort of overall package that can be looked at, including the economic impact, the enforceability of the ordinance across the board and the economic impact as a result of that enforce- ability. At this point the roll was called to the motion. 10,C. Ordinance No 7-93. Ordinance No. 7-93, correcting the zoning classification on a 4.32 acre parcel of land located on the west side of Federal Highway, south of Linton Boulevard from PC (Planned Commercial) to AC (Automotive Commercial), 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. Approval is recommended. The City Manager presented Ordinance No. 7-93: -13- 2/9/93 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 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. (Copy of Ordinance No. 7-93 is on file in the official Ordinance Book) Mr. Randolph left the Commission Chambers at this time. 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. 7-93 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10,D. 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)", is before the Commission for consideration on First Reading. If passed, Second and FINAL Reading will be held February 23rd. 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 HISTORIC 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. Randolph returned to the Commission Chambers at this time. -14- 2/9/93 Upon question as to the outcome of the CRA session, Mr. Kovacs responded that the CRA had no problem with the recommenda- tions of the Planning and Zoning Board. Dr. Alperin commented that he did not understand why colleges, seminaries and universities were eliminated; further, he shares the same concerns as the City Manager in the reduction of the number of parking spaces from twelve (12) to four (4), for restaurant uses. Dr. Alperin moved for the adoption of Ordinance No. 13-93 on First Reading, seconded by Mr. Mouw. 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,E. Ordinance No. 14-93. Ordinance No. 14-93, amending the Land Development Regulations by amending Sub-section 4.6.9(E)(3), "In-lieu Fee", to provide the in-lieu fee option to the Old School Square Historic Arts District, is before the Commission for consideration on Second and FINAL Reading. Prior to consid- eration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Planning and Zoning Board recommends approval. 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. (Copy of Ordinance No. 14-93 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. Upon question by Mr. Ellingsworth, Mayor Lynch stated that past experience shows that this "In-Lieu" money has never been used. He suggested that it be a reasonable and meaningful fee. Mr. Kovacs recommended that the fee amount not be addressed by this ordinance, but to wait for the recommendation of the Parking Management Team. -15- 2/9/93 Dr. Alperin moved for the adoption of Ordinance No. 14-93 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 10,F, Ordinance NO, 12-93. Ordinance No. 12-93, amending the· Land Development Regulations to provide additional criteria for granting a variance in Historic Districts, is before the Commis- sion 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. Planning and Zoning Board recommends approval. Mr. Mouw left the Commission Chambers at this time. 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 BOARD 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 G~ANTING A VARIANCE IN HISTORIC DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 12-93 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 for the adoption of Ordinance No. 12-93 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; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.G, 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 Second and FINAL Reading. Approval is recommended. The City Manager presented Ordinance No. 6-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING -16- 2/9/93 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. (Copy of Ordinance No. 6-93 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. 6-93 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mr. Mouw returned to the Commission Chambers at this time. 10.H. Ordinance NO. 15-93. Ordinance No. 15-93, amending the Land Development Regulations by adding Lifeguard stands, head- quarters and necessary support facilities as a permitted accesso- ry use in the OS (Open Space) zone district, is before the Com- mission 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. Planning and Zoning Board recommend approval. The City Manager presented Ordinance No. 15-93: 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. (Copy of Ordinance No. 15-93 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. -17- 2/9/93 Dr. Alperin moved for the adoption of Ordinance No. 15-93 on Second and FINAL Reading, seconded by Mr. Randolph. 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. 10,I. O~dinance NO. 16-93. Ordinance No. 16-93, amending the Land Development Regulations to provide for the reduction in the required rear setback for duplexes in the RL (Residential - Low Density) and RM (Residential - Medium Density) zone districts, 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. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 16-93: 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. (Copy of Ordinance No. 16-93 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. Alex Spear, resident, stated she currently resides in a community that is now Low Density with a future Land Use of Medium Density, but she feels approximately 50% of the houses are single family dwellings. She questioned how this will affect the crowding situation, should the lot sizes be reduced for duplexes. Mr. Kovacs responded that, for those properties located in her neighborhood that are zoned RL (Low Density) or RM (Medium Density), it will mean that a duplex structure, which must now observe 25-foot setback will be able to observe a 10-foot setback in the rear yard. Duplexes cannot be built on lots that contain less than 8,000 square feet. The Code of Ordinances allows the family units to observe the 10-foot setback now. The public hearing was closed. -18- 2/9/93 Dr. Alperin moved for the adoption of Ordinance No. 16-93 on Second and FINAL Reading, seconded by Mr. Mouw. 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. Comment~ ~nd Inquiri~ on Non-Ag~n~ Items from the Public. ll.A.1. The City Manager responded to a concern about possible crack houses located in Delray Estates by advising that this is a Police matter and not a Code Enforcement matter, even though Code Enforcement is currently working in the Delray Estates area addressing other issues. The Narcotics Enforcement section of the Police Department has worked narcotics complaints on occasion in Delray Estates and the City has ongoing investigations within the area at this time. ll.A.2. The City Manager stated, in response to the question regarding the historic marker site on N.W. 5th Avenue, a proposal was received from Mr. Pompey in July of 1992 to upgrade the park. Included in that proposal was a conceptual design, with the primary idea behind the improvements being educational; that is being funded as a Community Development Block Grant project in the current fiscal year. Those improvements should be in place by the end of the year. 11.A.3. The City Manager stated the concerns regarding the three properties located in Chatelaine that have been described as being cycled through the Code Enforcement process since 1988 have been checked into. The lawn at one of the homes was re- placed, but died out due to lack of maintenance. Another home is now vacant, due to bankruptcy filing by the owner and the third property has been cited by Code Enforcement because of the lawn condition. The owner of this property has sprayed the entire lawn with a pesticide to kill off the existing material, in preparation for installing a new lawn. The City has attempted to maintain a level of enforcement on these properties through the nuisance ordinances, but when properties change hands often, it is difficult. The City Manager stated there was a comment on a sug- gestion from the Neighborhood Task Team to publish names of repeat violators and the City Attorney is looking into that issue. ll.B,1. Ms. Lillian F~ldman, resident, asked the City Manager to seriously consider the memorandum from Nancy Davila dated January 13th. It was her hope that these items would be taken care of as soon as possible; she further stated that she has letters to Joe Weldon dating back to August of last year and a letter to the City Manager dated October 1, 1992, and is still waiting for something to be done. -19- 2/9/93 ll.B.2. MS, Alice Finst, 707 Place Tavant, spoke in response to the City Manager's comments regarding the three homes in the Chatelaine subdivision and the associated code enforcement prob- lems. She expressed the opinion that, even though fines may be in place, they simply continue to accrue; nothing seems to be done after the fines are issued. This has left a state of frus- tration in the neighborhood since these properties continue to go unaddressed, blighting the neighborhood and lowering property values. She feels the code enforcement process needs to be looked at in order to afford some protection to those people who live in neighborhoods where these conditions exist. Mayor Lynch suggested that Ms. Finst bring this issue to the attention of the Neighborhood Task Team for input and consideration. ll.B.3. Mr, Daniel Wright, resident and property owner in Delray Beach, stated that he has received certified letters from the Delray Beach Police Department about drug problems ongoing at a property he owns. He stated that he has tried to meet on several occasions with the officers who have sent letters; he has met with Major Lincoln who has been very cooperative, but the officers on the Narcotics Task Force refuse to meet with him. He feels the problem is not just with his property, but with the surrounding area as well. He further stated that he had met last month with Mr. Hightower, Police Legal Advisor, who advised he could do nothing more than the Police Department; this means evicting the tenants and relocating the problem elsewhere with the hope that everyone keeps quiet when it pops up somewhere else. ll.B.4, MS, Virgini~ Snyd~r, resident, questioned if there are plans for the proposed "Super Block" which came up two or three years ago as a means to demonstrate how a street could be fixed up. She hopes this concept can be revived because she feels a "Super Block" would act as a catalyst in the area, particularly South Swinton. ll,B.5, Ms. Snyder requested that the City Manager look into a series of anonymous letters of which she had received copies. She stated she believed these letters had been addressed to the Commission, the Police Chief and others, and contained a number of serious allegations about the Delray Beach Police Department. She is unaware of any action being taken on any of the allega- tions in the letters. Ms. Snyder stated that some of the allega- tions were very serious, naming names and witnesses and where and when things took place. She felt they should be checked out and requested that the City Manager ask for an explanation. ll.B.6. Mr. Chris Bean stated he is present to express his feelings about the Officer Cook case. He feels the charges brought against him are petty and minor. Mr. Bean feels that the unfair treatment of Officer Cook and his wife shows that there is a personal vendetta ongoing against them within the inner struc- -20- 2/9/93 ture of the Delray Beach Police Department. He further stated that the charges and past personal history as cited in the news- paper of Officer Cook were unfair and insensitive; the statements do not reflect the character of Officer Cook, but rather the character of the officers in command and the City of Delray Beach. FIRST READINGS 12,A. Ordinance No. 9-93. Ordinance No. 9-93, amending the Land Development Regulations to allow on-site parking on improved surfaces only, is before the Commission for consideration on First Reading. Planning and Zoning Board and Community Redevel- opment Agency recommend approval. If passed, Public Hearing will be held February 23rd. The City Manager presented Ordinance No. 9-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR RULES AND REGULATIONS REGARDING VEHICLE PARKING IN FRONT YARDS OF RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch commented that the Commission may prefer to defer this item until they have the opportunity to workshop this and other items with the Neighborhood Task Team. The City Manager recommended an amendment in Section 3, paragraphs ll(c) and 12(c); he would like to have inserted three words stating that: No vehicles may be "frequently or reqularly" parked, etc. Mr. Mouw voiced his concern with this ordinance, spe- cifically regarding the fact there is no available space for two required parking spaces on a 50-foot lot with a 7.5 foot side setback. Mr. Mouw moved to defer the ordinance to the March 23, 1993 Regular Meeting, after the workshop with the Neighborhood Task Team, 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; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. -21- 2/9/93 At this point the City Attorney read the caption of Ordinance No. 20-93, (Item No. 12.D.) due to an error in compil- ing the agenda packets. The Commission considered this item for approval and then returned to Item No. 12. B. 12.D, Ordinance No. 20-93. Ordinance No. 20-93, amending the Land Development Regulations by creating a new zone district, LI (Light Industrial), is before the Commission for consideration on First Reading. Planning and Zoning Board and Community Redevel- opment Agency recommend approval. If passed, Public Hearing will be held February 23rd. The City Manager presented Ordinance No. 20-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT"; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO PROVIDE FOR THE INCLUSION WITHIN THE MATRIX OF MINIMUM DEVELOPMENT STANDARDS FOR THE LIGHT INDUSTRIAL ZONE DISTRICT; PROVIDING A SAVING CLAUSE-, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 20-93 on First 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. The Commission returned to Item No. 12.B. at this time. ~.2.B. Ordinance No. 18-93. Ordinance No. 18-93, amending the Land Development Regulations to accommodate boat parking in front yards, is before the Commission for consideration on First Read- ing. Planning and Zoning Board and Community Redevelopment Agency recommend denial (5-0 vote). If passed, Public Hearing will be held February 23rd. The City Manager presented Ordinance No. 18-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.13(B), "PERMISSIBLE PARKING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELP~AY BEACH, FLORIDA, BY AMENDING SUB-SUBSECTION (8) TO PROVIDE FOR -22- 2/9/93 A WAIVER OF THE PROHIBITION AGAINST PARKING BOATS IN FRONT YARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for denial of Ordinance No. 18-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Said motion passed with a 4 to 1 vote. 12.C. Ordinance No. 19-93. Ordinance No. 19-93, amending the Land Development Regulations to provide that certain locational criteria for auto repair uses shall be applicable to full service automobile dealerships only, is before the Commission for consid- eration on First Reading. Planning and Zoning Board failed to make a recommendation (3-3 vote). If passed, Public Hearing will be held February 23rd. The City Manager presented Ordinance No. 19-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DIS- TRICT'', OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSEC- TIONS (G)(4) AND (G)(5)(d) TO PROVIDE THAT CERTAIN LOCATIONAL CRITERIA FOR AUTO REPAIR USES SHALL BE APPLICABLE TO FULL SERVICE AUTOMOBILE DEALERSHIPS ONLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor to public comment. David Henninqer, 602 Sunshine Drive, stated he feels the automobile dealerships aesthetically contribute a lot to the City of Delray Beach. However, he has concerns about free-stand- ing automotive repair facilities in close proximity to residen- tial areas. Helen Coopersmith, resident, commented that she plans to take another look at the Comprehensive Plan. She reqested that the Commission consider this very carefully. Gerald Philippi agreed with Ms. Coopersmith and ex- pressed the feeling that the residential property owners of the City should be protected from this type of use. -23- 2/9/93 Joann Pear~, 107 N.W. 9th Street, stated that during Neighborhood Task Team sessions there were several situations wherein residents were affected by auto repair and auto body shops. Michael Weiner, 509 Oleander Lane, stated he, too, feels the character of the neighborhood should be taken into consideration, but by having certain locational and use restric- tions apply only to full-service auto dealerships, smaller opera- tions could then have the opportunity to become conforming uses. Jean B~r, resident, stated that the Comprehensive Plan is the overall plan with which the LDRs are to be consistent. It is her opinion that this ordinance is not consistent with that Plan. She agrees that there should be a place within the City for these uses; however, she is concerned that service-type businesses will be backed up to residential property. She sug- gested that a study be conducted to locate desirable locations for such uses. Bob French, Tropic Bay, expressed concern regarding the integrity of the residential areas of the City. Qorothy Allport, resident, spoke in opposition to the ordinance. Dr. Alperin moved for denial of Ordinance No. 19-93 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Lynch recommended that the ordinance either be denied or that it be returned to Planning and Zoning with a request that the real issue be reviewed to learn if there is any possible way to correct it. There are eighteen (18) blocks that will be going through a transition and questioned if the City must look at the possibility of a deteriorating situation over the next couple of years. Mr. Mouw stated he feels it is the responsibility of the Commission to foresee that a deteriorating situation is occurring and that the City should not be required to go through five to ten years of blight in a given area before getting it back to where the City would like to see it. However, he feels this ordinance allows expansion City-wide. At this point the roll was called to the motion. 12,E. Ordinance NQ, 2-93. Ordinance No. 2-93, creating a Housing Trust Fund and an Affordable Housing Advisory Committee in conjunction with the State Housing Initiative Partnership -24- 2/9/93 (SHIP) Program, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 23rd. Mr. Ellingsworth left the Commission Chambers at this time. The City Manager presented Ordinance No. 2-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM, PROVIDING FOR DEFINITIONS; PROVIDING FOR THE CREATION OF THE LOCAL HOUSING ASSISTANCE TRUST FUND; PROVIDING FOR THE ESTABLISHMENT OF THE LOCAL HOUSING PART- NERSHIP; PROVIDING FOR THE INTENT AND PURPOSE OF THE LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR THE ESTABLISHMENT OF THE LOCAL HOUSING ASSISTANCE PROGRAM; DESIGNATING THE RESPONSIBILITY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE LOCAL HOUSING ASSIS- TANCE PROGRAM; PROVIDING FOR THE CREATION OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR GUIDELINES TO BE UTILIZED BY SAID COMMITTEE IN ADOPTION OF RECOMMENDATIONS FOR THE AFFORDABLE HOUSING INCENTIVE PLAN; PROVIDING FOR ADOPTION OF THE AFFORDABLE HOUSING INCENTIVE PLAN; PROVIDING FOR SEVER- ABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 2-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mr. Ellingsworth returned to the Commission Chambers at this time. 12.F. Ordinance NO. 17-93. Ordinance No. 17-93, amending Chapter 33 of the Code of Ordinances relative to Police and Fire pension issues to provide for certain grammatical and verbiage changes, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 23rd. The City Manager presented Ordinance No. 17-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", -25- 2/9/93 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE FOR CERTAIN GRAMMATICAL AND VERBIAGE CHANGES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 17-93 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; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12.G. Ordinance No. 22-93. Ordinance No. 22-93, amending the Land Development Regulations to provide for the addition of definitions for "Interested Party", "Affected Party", and "Ag- grieved Party", is before the Commission for consideration on First Reading. Planning and Zoning Board and Community Redevel- opment Agency recommend approval. If passed, Public Hearing will be held February 23rd. The City Manager presented Ordinance No. 22-93: 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 ADDING DEFINITIONS FOR THE TERMS "AFFECTED PARTY", "AGGRIEVED PARTY", AND "INTERESTED PARTY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney expressed some concerns with this ordinance and suggested that the Commission defer First Reading of this ordinance until February 23rd, so that he and the Plan- ning Director can discuss it more fully. Dr. Alperin moved to defer First Reading of Ordinance No. 22-93, as requested by the City Attorney, 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. 12.H. Ordinance No. 23-93. Ordinance No. 23-93, amending the Delray Beach Civil Service Act, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held on February 23rd. -26- 2/9/93 The City Manager presented Ordinance No. 23-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.002, "APPLICATION; EXCLUSIONS", PROVIDING CLARIFICATIONS AND EXCLUSIONS CONCERNING EMPLOYEES COVERED BY THE ACT; BY AMENDING SECTION 35.007, "FIXING PAY AND GRADE THROUGH BUDGETARY PROCESS", PROVIDING FOR MERIT-BASED RETENTION AND RECALL OF EMPLOYEES DURING AND AFTER REDUCTIONS IN FORCE; BY AMENDING SEC- TION 35.009, "APPEAL; HEARING; PROCEDURE", PROVIDING CLARIFICATION THAT MATTERS WHICH ARE NOT DISCIPLINARY ACTIONS ARE NOT APPEAL- ABLE TO THE CIVIL SERVICE BOARD; BY REPEALING SECTION 35.014, "RETAINMENT OF RANK, GRADE AND SENIORITY; REDUCTION OF NUMBER IN GRADE", PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 23-93 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 time the Commission returned to the remainder of the Regular Agenda. 9.G. ~Qlf Course Clubhouse. The Commission is to consider authorizing staff to proceed with the design portion of the Golf Course Clubhouse proposal. The City Manager stated that some of the requests made by the Commission have been completed and some have not. In response to a question raised as to the reason the City was trying to move so rapidly, the City Manager responded that the City wanted to take advantage of the season, which begins in December of 1993. Another question was whether the City could convert from electric carts to gas powered carts. He advised that the insurance would be affected if this conversion took place, and, in addition, it would be necessary to install a fire sprinkler system in the building where they were housed. The size of the facility is a policy issue; the facility proposed is not solely a golf course club house, but a civic facility for the entire community to use. The City Manager added that there are questions regard- ing the lease arrangement. The City would lease the land to -27- 2/9/93 whoever holds the financing, who in turn, would lease the land and the building back to the City after it is built and those leases would run concurrently so the City could acquire the property in the end for a nominal amount. The City Manager stated, in response to why other companies have not been approached to submit plans, the City was approached by this company and their proposal is being examined and evaluated. The backup material had a revised financial projection through the year 2000; this projection was based on a cost of $3.2 million and the latest figures submitted show a cost of $3,310,000, adding another $9,000 to the annual debt service over and above that shown on this projection. Some additional research has resulted in learning that the proposed gross floor space is 24,000 square feet, 18,500 square feet of which is considered net usable area. Considering the proposed cost of $3,310,000, the cost per gross square foot would be approximately $138. The firms of Digby Bridges, Marsh and Associates and Gee and Jensen estimate the average cost at $125 to $130 per square foot. Two additional bits of information include (1) because of the size of the banquet facilities, the lift station must be designed to accommodate peak flows, which means the sewage lift station would need to be rebuilt at a cost of $80,000 and (2) the water main, in order to support sprinkling the building, would need to be looped at a cost of between $30,000 to 835,000. Staff has serious reservations about the City's ability to handle the project, financially, unless it is scaled back. The contractor, Gulf Building Corporation, checks out very well as being a repu- table firm. Upon question by Mr. Mouw in reference to the absence of a total proposal for the lease-back of the premises after it is built and a minor get-out clause in case the two parties could not reach an agreement on specifications, the City Attorney stated that this is more of an agreement to agree and more time is needed to work out everything on the land lease to ensure that the City is in compliance with tax regulations so that this can be a tax-exempt cost to the City. Among those things necessary to cure any potential tax problems is to renegotiate the agree- ment with Mr. Dubin to get it into a qualified management agree- ment stage. Mr. Mouw questioned if there is any way to scale this back by ten percent (10%) and do it as quickly as possible, as he feels this is a golden opportunity to move forward and get this job done. Joe Safford, Finance Director, stated he would like to make one clarification. The contractor is agreeing to construct a building for the City and offer a lease buy-back plan. Built into this lease payment, on an annual basis, is his financing rate of 9.75%. In order for the City to afford this project, it -28- 2/9/93 will be necessary for him to obtain financing at 6.75% as the City cannot afford the contractor's lease payment. The whole theory is for the City to buy this lease out at the beginning. The concerns of staff are very legitimate. If this oontractor walks in with this building and the City has $250,000 of upfront costs that are not included in his building costs, the City must come up with that money, either from inhouse funds or by placing it in the financing package. This is the only way the City can afford the project. If $100,000 should be lost by the restaurant during the first year, the City does not have that $100,000. Mr. Safford also stated that he needs to clarify the lease, also. The City is going to lock in a long-term lease with the contractor or the revenue streams must be locked in from the golf course and from the banquet facility. One or both of those items must be given to the contractor in order for the bank to grant him financing. Therefore, he does not foresee a lease that the City can get out of. If the City should back out of the lease, the contractor will basically run the golf course. The City Attorney advised that the reason for the buy-out would be for the purpose of getting better financing. Mayor Lynch expressed his opposition to this project as being oversized for the City. He feels the City is putting in a banquet facility and a mini-convention center to be used as a money-making project. He is not convinced that the City needs this or that the Commission should get into that business. Discussion followed. The consensus of the Commission was to approve the new facility, subject to a re-study with the idea of trimming it down to arrive at a cost that is more realistic, giving staff the direction to investigate the financing arrangements, firm up the costs and perhaps conduct a review of the cash flow and still keep a building that is aesthetically pleasing to the community. 9,L. Change Order No. ll/Elkins Constructors. Inc. The Commission is to consider approval of a change order in the amount of $16,673.03 to the contract with Elkins constructors, Inc., for additional materials, equipment and labor in conjunc- tion with the Water Treatment Plant Lime Softening Conversion project, with funding from 1991 Water and Sewer Revenue Bond Water Plant Conversion - Buildings (Account No. 447-5164-536-60.31). Mr. Randolph moved for approval of Change Order No. 11 with Elkins Constructors, Inc., in the amount of 816,673.03, seconded by Dr. Alperin. 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. -29- 2/9/93 9,M, Emergency .Replacement. The Commission is to consider approval of the emergency award of bid to Ocean Bay Construction Company in the amount of $11,500, to replace and relocate a six-inch cast iron water main located between Swinton Avenue and N.E. 2nd Street, with funding from Water and Sewer Renewal and Replacement - Water Distribution Systems Improvements (Account No. 442-5178-536-61.78). Mr. Mouw moved for approval, 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. 13. Comment~ and Inquiries on Non-Agenda Items. 13.A.1. Mr. Mouw had no comments or inquiries. 13.A.2. Mr. Randolph requested that consideration be given to resurfacing the tennis courts at Pompey Park. The City Manager advised money has been appropriated, a cost estimate has been obtained and the City is now in the process of soliciting bids. He hopes to have the resurfacing and lining completed within 90 to 120 days for both the tennis courts and the basketball courts. The possibility of lighting the basketball court is also being investigated. Dr. Alperin advised that he and Mr. Ellingsworth at- tended the Planning and Zoning worksession last evening and the pool for Pompey Park is being put into the plan, finally. 13.A,3, Mr. Ellingsworth had no comments or inquiries. ~3,A.4. Dr. Alperin questioned if there is a possibility of getting an exemption from the Sunshine Law for litigation discus- sions with the Commission (so the Commission could meet as a body in private with the City Attorney to discuss litigation matters). The City Attorney advised that, in order to get a referendum for the amendment of the law, it would require obtaining a designated number of signatures in order to get a petition on the State ballot as a Constitutional amendment. Upon question by Dr. Alperin as to whether the Municipal League has considered this prospect, Mayor Lynch stated that he would bring the matter before the League at the next Board meeting. 13.A.5. Mayor Lynch advised that the Municipal League and the County got together and came up with an agreement which basically says that, if the County passes an ordinance, the City does not have to pass an ordinance that is better or stronger; they will accept the City's as long as it accomplishes the intent of the ordinance. It does not need to equal theirs or be approved by the County. He is much encouraged by this. 13,A.6, Mayor Lynch advised that he had received a letter from the County today stating that the traffic study has been complet- -30- 2/9/93 ed for Linton Boulevard and Old Germantown Road, and the study finds that a fully operational traffic signal is warranted. The Traffic Division has begun the design work associated with the new signalization and installation is expected to be completed and operating by July 1, 1993. 13.Ao7. Mayor Lynch stated he received a letter from Virginia Slims (Mr. Liddy) which advises that they have signed an agree- ment to use Sports Channel television to broadcast the tourna- ment. Liddun requested a 60-second commercial for Delray in accordance with his part of the agreement and has made that commitment; it is now up to the City to work out something with Sports Channel. The City Attorney advised that the agreement with Liddun essentially states that the City needs to put together the commercial. Liddun would try to get the City the space, but the City must prepare the commercial. 13,A.8. Mayor Lynch referred to a letter which was sent to the Commission by Mr. Ridley (MAD DADS) and questioned whether Dr. Alperin and the Drug Task Force intended to take Mr. Ridley's recommendations into account when developing the formal recommen- dations for the Drug Task Force. Dr. Alperin stated that Mr. Ridley is involved in the process. 13,A,9. Mayor Lynch expressed concern about recent staff pre- sentations and the information which has been provided by staff with respect to certain agenda items for the last few meetings. The recent Neighborhood Task Team issues and the way that was handled generated some animosity toward the Commission indicating they did not do a good job; he felt things were not presented as well as they should have been. Also, regarding the matter of the numbers on the golf course, if one extreme was given, others should have been given, too. Mayor Lynch stated that he expects staff to give straight, honest opinions on matters, since they are the persons with the expertise. This has not been a problem in the past, only the past few weeks. 13.B.1. The City Attorney stated, with regard to the order on the fees for Michael Brown and Jones and Foster, he feels the amount of attorney fees that were awarded are outrageous. In addition the expert opined, through some strange mechanism, that on several parcels of land Mr. Brown's fee should have been more than the amount of money paid for the land. His recommendation is not to file an appeal, but that the City pay these matters, with the exception of the cost, which he feels can be negotiated down. It is a situation wherein the City owes these monies and, unless the City appeals, the City must pay. The Commission concurred not to file an appeal. 13.C.1. The City Manager, in referring to those residences that do not have enough square footage in the front setback to allow -31- 2/9/93 for parking, advised that they are classified as non-conforming structures. This is covered in the LDRs with a provision that reads, "a lawful structure existed on September 1, 1990, that cannot now be built, such structure may be continued, subject to certain conditions"; basically, this means that if the structure is destroyed by more than 50% and it is rebuilt, it must be conforming. That is the provision causing the problem being faced at this time. 13.C,2, The City Manager stated there is a meeting scheduled for tomorrow at Mt. Olive Missionary Baptist Church regarding the James Cook case. He feels it is improper for people to draw conclusions when they have not reviewed the record and he would encourage people to read this before holding discussion. Mayor Lynch declared the meeting adjourned at 10:45 P.M. City 'C~erk -- / 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 February 9, 1993, which minut.es were formally approved and adopted by the City Commission - 2'City C~rk - 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. -32- 2/9/93