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05-25-93 MAY 25, 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 6:03 P.M., Tuesday, May 25, 1993. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend William Reese, Lakeview Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda approval. Mayor Lynch noted the addition of an addendum, Item No. ll.C., Presentation of All-America City Award by Citizens for Delray Beach All-America City Committee. Mr. Ellingsworth moved approval of the agenda with the addition of Item No. ll.C., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved approval of the minutes of the Regular Meeting of May 11, 1993, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: None. 7. Presentations: 7.B. Certificate of Commendation - Delray Beach Parks and Recreation Department from Metropolitan Dade County for assistance rendered in the aftermath of Hurricane Andrew. Mayor Lynch read and presented a Certificate of Commen- dation from the Mayor of Metropolitan Dade County, Florida, to the Delray Beach Parks and Recreation Department for their assistance immediately following Hurricane Andrew. Joe Weldon, Director of Parks and Recreation, came forward to accept the commendation and recognized those members of the department who had participated in the effort. 7.C, Government Finance Officers Association - Distinguished Budget Presentation Award. Mayor Lynch read and presented a plaque from the Gov- ernment Finance Officers Association to the City of Delray Beach for fiscal year beginning October 1, 1992, representing the highest form of recognition in governmental budgeting. Joe Safford, Finance Director, came forward to accept the award and recognized Linda Harrover-Turnage, Becky O'Connor and Sherry Muehlberg from his staff. 7.A. Recognition of Atlantic High School Students - Path- finder Award Program. Mayor Lynch read and presented a letter to Carole Shetler, Principal of Atlantic High School, recognizing her, her staff and students on the outstanding showing in the 1993 Path- finder High School Scholarship Awards program. Ms. Shetler introduced Karen Turner, Guidance Counselor, as the moving force in assisting the students with applications and helping to prepare them for their interviews. She then gave a brief history of the award established by the Palm Beach Post that has become one of the most prestigious awards the students compete for in this area. She also introduced Kathy Surles, a second place winner in Vocational Education and Trevis Henry, a third place winner in the music category and numerous others in their individual categories. Mayor Lynch presented plaques to each of the winners on behalf of the City Commission and congratulated them on their achievements. The Commission is to consider the following items on the Consent Agenda. City Manager recommends approval. CONSENT AGENDA 8.A. ACCEPTANCE OF EASEMENT DEED/DELRAY COMMUNITY HOSPITAL; Accept an easement deed from Delray Community Hospital for the installation of a water interconnect main between the City's water system and Palm Beach County's water system. 8,B. GRANTING OF TEMPORARY CONSTRUCTION EASEMENTS; Grant temporary construction easements to Palm Beach County for Parcels ll-A and 12-A in conjunction with construction on Lake Ida Road. -2- 5/25/93 ~,C. HQLD HARMLESS AGREEMENT: Approve a hold harmless agreement between Ghassan and Olga Kashou for the installation of landscaping improvements within the City's utility easement adjacent to the Bi-Lo Grocery building on West Atlantic Avenue. 8,Do AGREEMENT FQR THE SALE OF POLICE CANINE: Approve a hold harmless agreement for the sale of Police Canine King in the amount of $1,633.33. RENEWAL OF CONSORTIUM AGREEMENT WITH PALM BEACH COUN- TY/HOME PROGRAM: Renew the consortium agreement with Palm Beach County for the purpose of receiving federal funds under the Home Investment Partnership Program for Fiscal Years 1993-1996. 8oF, REQUEST FOR WAIVER OF PERIMETER LANDSCAPE REOUIRE- MENTS/PALM SOUARE: Approve a request for waiver of Section 4.6.16(H)(3)(a) and (d) of the Land Development Regulations to reduce the required five foot landscape buffer between parking areas and public right-of-way and between the parking area and abutting properties to three (3) feet for 60 Palm Square. Historic Preservation Board recommends approval. AUTHORIZATION TO TRANSFER FUNDING: Authorize staff to transfer $100,000 from General Construction Fund - Prior Year Surplus (Account No. 334-0000-301-34.00) to Parks and Recreation - Other Repairs/Maintenance Costs (Account No. 334-6111-572-46.90) to cover the costs of emergency repairs to Pompey Park and the Community Center. 8,H. REOUEST FOR FINAL PAYMENT/REGIONAL WASTEWATER TREATMENT AND DISPOSAL PLANT ACCESS ROAD: Approve the request for final payment in the amount of $15,532.16 from the South Central Re- gional Wastewater Treatment and Disposal Board for completion of the Emergency Access Road project, with funding from Water and Sewer Fund - Emergency Access Road- SCRWTDB (Account No. 441-5142-536-63.94). 8.I, APPROVAL OF ASSIGNMENT AGREEMENT/RESOLUTION NO, 44-93: Approve the assignment agreement with the CRA for the purchase of real property located at 222 N.W. 5th Avenue and approve Resolu- tion No. 44-93 authorizing the purchase of said property, with funding from Community Development Block Grant - Neighborhood Housing Land Acquisition (Account No. 118-1974-554-61.10). The caption of Resolution No. 44-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED AT 222 N.W. 5TH AVENUE, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE -3- 5/25/93 BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 44-93 is on file in the offi- cial Resolution Book) 8~J, RESOLUTION NO. 45-93: A resolution endorsing and supporting the Community Based Prosecution (CBP) Program of State Attorney Barry Krischer. The caption of Resolution No. 45-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING AND SUPPORTING THE COMMUNITY BASED PROSECUTION PROGRAM (CBP) OF STATE ATTORNEY BARRY KRISCHER, URGING ALL COMMUNITIES TO PARTICI- PATE IN SAME, AND REQUESTING THE CHIEF JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY TO ASSIST IN THE IMPLEMEN- TATION OF COMMUNITY BASED PROSECUTION; PRO- VIDING AN EFFECTIVE DATE. (Copy of Resolution No. 45-93 is on file in the offi- cial Resolution Book) 8.K. AWARD OF BIDS AND CONTRACTS: 1. July 4th Fireworks Display - Fireworks by Grucci, Inc., in the amount of $24,000, with the City's portion ($8,000) to come from Special Events (Account No. 001-1111-511-48.10). L. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTI Ratify the collective bargaining agreement with the International Association of Fire Fighters. Dr. Alperin moved approval of the Consent Agenda, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIQN$ OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period May 10, 1993 through May 21, 1993. Dr. Alperin moved to receive and file the report, seconded by Mr. Ellingsworth. Upon roll call the Commission -4- 5/25/93 voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B, REQUEST FOR WAIVER OF LANDSCAPE CODE REOUIREMENTS: Consider a request from Lake Ida Church of Christ for waiver of Section 2.4.10 (G)(1) and (2), "Landscaping Bond" to permit the issuance of a conditional Certificate of Occupancy without the installation of required landscaping or the posting of a land- scaping bond. Lula Butler, Director of Community Development, stated the Church has run into some economic hardship in completing the landscaping and they are requesting a conditional certificate of occupancy. A three-phase plan has been submitted to the Commis- sion showing how they will complete the landscaping by the end of January, 1994. This is before the Commission because it does not meet the conditions as set forth in the LDRs for issuing a condi- tional certificate of occupancy; only the Commission can waive the requirement. Upon question by Mayor Lynch, the City Attorney stated that if the church does not meet the specified date, the City can draft an agreement that would be enforced or the conditional certificate of occupancy could be revoked. She further stated that perhaps the City should consider changing the ordinance, as there may be other instances where there will be hardship condi- tions existing. Mr. Randolph moved for approval of the request for waiver subject to an agreement that is satisfactory to both parties, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C, INITIATION OF COMPREHENSIVE PLAN AMENDMENT 93-2; Authorize staff to initiate Comprehensive Plan Amendment 93-2. City Manager and Planning and Zoning Board recommend approval. Mr. Kovacs stated that this is the second plan amend- ment for the year and it is necessary to initiate it at this time in order to complete the process by year's end. The main Land Use items include the Taheri Land Use Amendment and School Site "S" Other items included are the annexation program update that ties into a current amendment by the County which will take care of a transfer of power from the County to the City giving the City extra territorial power and a follow up on the Countywide Coordination/Elected Officials Task Force that would make Delray Beach the first City to modify their plan. Upon question by Mrs. Smith as to the time element involved, Mr. Kovacs stated that the Planning and Zoning Board will hold their hearing on June 14, 1993, and the Commission will -5- 5/25/93 have a transmittal hearing on June 22, 1993, after which the amendment will be sent to DCA. Ninety days later, the City will receive the report from DCA at which time the City will have the amendment drafted in ordinance form and a Public Hearing will be held at that time. Mr. Kovacs pointed out that the City is not progressing as quickly as it should on items A through L. Dr. Alperin expressed concern with the Taheri property and the Commercial use involved. Mr. Kovacs reminded the Commis- sion that they are the power controlling the zoning and it could be made known at Commission meetings that a neighborhood commer- cial aspect is not something the Commission is in favor of. In addition, should there be a breakdown with other school site negotiations, this property upon being annexed into the City would require a rezoning to CF (Community Facilities) in order to consummate the school site. Dr. Alperin moved to authorize staff to initiate the Comprehensive Plan Amendment, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.D, AMENDMENT TO INTERLOCAL AGREEMENT WITH THE PALM BEACH COUNTY SCHOOL BOARD: Approve an amendment to the interlocal agreement with Palm Beach County School Board relating to the construction of an elementary school south of Linton Boulevard and east of Military Trail. City Manager recommends approval. The City Manager explained that the amendment is de- signed to accommodate the change in location from a Military Trail access to a Linton Boulevard/Germantown Road access. It also addresses a school site acquisition wherein the City would agree to construct a sidewalk on Germantown Road between Linton Boulevard and Congress Avenue, with the City further agreeing to acquire five (5) acres adjacent to the school site to be used as a park. Mayor Lynch requested assurance that the City will not be exploited with respect to the purchase of the five acres for the park, and suggested some type of contingency be built-in to allow a fair price. Assistant City Manager Barcinski advised that the School Board contract with the Blood's is contingent on the City successfully negotiating the acquisition of the park site prior to the scheduled closing date of April, 1994. Staff will be negotiating with the Blood's on the park site and at such time it is felt there is a reasonable arrangement, it will be brought before the Commission for consideration. -6- 5/25/93 Upon question by Mr. Ellingsworth, the City Manager advised that the sidewalk construction will be funded from the Capital budget under the School Site "S" development allocation. Dr. Alperin commented that on June 2, 1993, at 6:00 P.M. the School Board will be voting on School Site "S". There will be a number of persons present to encourage them to proceed with this school first, as opposed to the Morikami site. Dr. Alperin moved approval of the amendment contingent upon the approval of the contract with Palm Beach County School Board located at Blood's, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.E, 1993 WATER AND SEWER BOND PROJEQT$~ Consider approving the proposed projects to be funded from the 1993 Water and Sewer Bond issue. City Manager recommends approval. The City Manager stated there is one significant change since the backup material was issued. Information has been received from the underwriters about the Bond Issue and, depend- ing on exactly how it is structured, the debt service of the City would be the same, initially, under one scenario and in five years (1998) it would increase to approximately $200,000, which would require an increase in rates at that time of about one and one-half (1.5%) percent. Joe Safford, Finance Director, commented that he would like to clarify one thing. He, the City Manager and William Greenwood, Director of Environmental Services, discussed a $22,000,000 package of improvements that were in the master plan. Those projects were time-phased in such a way to derive the best possible results with regard to the timing of developing certain areas and when the need would truly be present for different types of storage and transmission facilities. While reviewing the Connection Fee revenues, the Renewal and Replacement (R&R) Fund and the Capital Improvement Fund for Water and Sewer, some of the projects were allocated to those different funds in dif- ferent years. The goal was to forecast a Capital Improvement program for five years into the future, wherein the City will not only have no need for a rate increase, but will also not require any additional bond issues. There will be additional information provided to the Commission at the June 1st workshop session. Mr. Ellingsworth moved for approval of the 1993 Water and Sewer Bond projects, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.F. CONTRACT WITH THE PALM BEACH COUNTY PROPERTY APPRAIS- ER'S OFFICE: Approve an agreement with the Palm Beach County -7- 5/25/93 Property Appraiser's Office for the collection of non ad valorem taxes. City Manager and City Attorney recommend approval. Dr. Alperin moved for approval of an agreement with the Palm Beach County Property Appraiser's Office, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. PARKING. AGREEMENT/LINTON CENTER: Consider a parking agreement with Linton Center Partners in conjunction with the Fourth of July ~celebration. City Manager and City Attorney recommend approval. Mr. Randolph moved approval of the temporary use agree- ment with Linton Center Partners, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9~H. STAY OF ENFORCEMENT PROVI$IONS/NEWSR~CK ORDINANCE: Extend the enforcement abatement date associated with the newsrack ordinance until June 30, 1993. City Manager and City Attorney recommend approval. Dr. Alperin moved approval of the extension of the enforcement of the newsrack ordinance until June 30, 1993, sec- onded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I, SANITARY SEWER REHABILITATION AWARD AND CHANGE ORDER NO. 1: Award the bid for the Sanitary Sewer Rehabilitation Project for Lift Station Basins 08, 18 and 32 in the amount of 8448,870 to Ric-Man International and consider a change order in the amount of $45,719.99 which also extends the contract comple- tion date by 15 days to add general requirements, traffic mainte- nance, field engineering and T.V. record inspection mark-ups to the contract and to line three manholes along Andrews Avenue, with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). City Manager recommends approval. Tom Kelley, Representative from Professional Engineer- ing Consultants, Inc., stated this item was rebid. The original bid was over $900,000 and a complex multiple contract situation was structured to try to ensure getting more than one contractor. The problem that resulted the first time was that each contractor was not in a position to offer the technology and the high prices were reflective of their inability to get competitive quoting. The measurement and payment section is structured so that the contractor is entitled to ask for additional compensation if work -8- 5/25/93 over and above his base bid is actually awarded into the con- tract. That is what occurred in this situation; the City staff elected to award a major part of elective work under the optional part; hence, the result is the award of contract for the base bid as well as Change Order #1. Dr. Alperin moved approval of the award of contract to Ric-Man International in the amount of $448,870, and Change Order #1 in the amount of $45,719.99 which also extends the contract completion date by 15 days, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.J. SERVICE AUTHORIZATION NO, 5/HELLER, WEAVER AND CATO: Consider a service authorization in the amount of $25,650 to the contract with Heller, Weaver and Cato for surveying services within the S.W. 10th Street right-of-way corridor between Con- gress Avenue and S.W. 10th Avenue, with funding from General Construction Fund - S.W. 10th Street (Account No. 334-3162-541-61.90). City Manager recommends approval. Mr. Ellingsworth moved approval of Service Authoriza- tion No. 5 with Heller, Weaver and Cato, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9,K, CHANGE ORDER NO. 2/MEREDITH CORPORATION; Consider a change order in the amount of $28,156 which also extends the contract completion date by 159 days for miscellaneous changes in the Wellfield Rehabilitation, Abandonment, Flowmeter and Monitor Well Installation project, with funding from 1991 Water and Sewer Revenue Bond - Well Monitoring/Rehabilitation - Buildings (Ac- count No. 447-5171-536-60.31). City Manager recommends approval. Dr. Alperin moved approval of Change Order No. 2 to the contract with Meredith Corporation, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.L. CHANGE ORDER NO. 3/DEES CONTRACTING, INC: Consider a change order in the amount of $3,001.13 which also extends the contract completion date by 24 days for miscellaneous structural and paint modifications to the Elevated Water Storage Tank Reha- bilitation project; and, which modifies the contract to achieve amicable project completion, with funding from Water and Sewer Renewal and Replacement - Rehabilitation 1/2 Million Gallon Elevated Tank (Account No. 442-5178-536-61.79). City Manager recommends approval. The City Manager stated Items No. 9.L. and 9oM. both grow out of the resolution of this problem. -9- 5/25/93 The City Manager stated Items No. 9.L. and 9.M. both grow out of the resolution of this problem. Mayor Lynch commented that he has problems with the consulting engineers, so he would prefer they be discussed sepa- rately. Dr. Alperin moved approval of Change Order No. 3, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9,M. SERVICE AUTHORIZATION NO. 16C/POST, BUCKLEY. SCHUH AND JERNIGAN: Consider a service authorization in the amount not to exceed $9,079.70 for inspection services in conjunction with the Elevated Water Storage Tank Rehabilitation project, with funding from Water and Sewer Renewal and Replacement - Rehabilitation 1/2 Million Gallon Elevated Tank (Account No. 442-5178-536-61.79). City Manager recommends approval. Mayor Lynch expressed his concerns relative to the consulting engineers on this project and stated that he feels they should receive no additional payment. Mr. Greenwood stated there was an original settlement with Post, Buckley, Schuh and Jernigan in the amount of approxi- mately $16,000. However, due to recommendations to terminate the contract on several occasions, emergency meetings were held With the City Attorney's office and those contracts were never can- celled. The additional time now being requested for payment is above and beyond the original negotiated settlement with PBS&J which amounted to $16,000. Mayor Lynch expressed the feeling that Post, Buckley, Schuh and Jernigan should honor their share; however, if they feel they should not honor their share and City Staff feels they should be paid, so be it; but he would recommend they never be used again. Dr. Alperin moved approval of Service Authorization No. 16C in an amount not to exceed $9,079.70. Motion died for lack of a second. Mr. Randolph moved approval of Service Authorization No. 16C in an amount not to exceed $5,000, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - No; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. At this time the Commission moved to the duly adver- tised Public Hearings portion of the agenda. -10- 5/25/93 PUBLIC HEARINGS 10.A. ORDINANCE NO. 38-93: An ordinance amending Chapter 33, "Police and Fire Departments", Section 33.68, "Supplemental Retirement Income and Minimum Benefit for Members who Retired Prior to Certain Date", to provide a one-time five percent (5%) increase in benefit levels to current retirees and beneficiaries or persons who terminated employment prior to October 1, 1990, and began receiving benefits prior to the effective date of this ordinance; and, to retroactively provide increases to certain beneficiaries. 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 stated this ordinance cannot be acted on tonight as the actuarial report has not been received. It will be necessary to continue the Public Hearing and, it is his recommendation that it be continued until June 8,1993. The City Manager presented Ordinance No. 38-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.68, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO CERTAIN DATE", TO PROVIDE INCREASES IN BENEFIT LEVELS TO CURRENT RETIREES AND BENEFICIARIES OR PERSONS WHO TERMINATED EMPLOYMENT PRIOR TO OCTOBER 1, 1990, AND BEGAN RECEIVING BENEFITS PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; TO RETROACTIVELY PROVIDE INCREASES TO CERTAIN BENEFICIARIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 38-93 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. The public hearing was opened having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Dr. Alperin moved to continue the Public Hearing to June 8, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -11- 5/25/93 Comments and Inquiries on Non-Aggnd~ Items frQm ~he Public-Immediately following P~bli~ He~ring~, I~,A, city Manager's Response to prior Pub~i~ Comments and Inquiries. The City Manager commented that the owners of the overgrown lots located on Congress Avenue have been contacted and asked to get them mowed. Staff will follow up on this item. ll.B. From the Public. ll.B.1. Arthur. J~ckel, Chairman United Property Owners, compli- mented the City Commission, the City Manager, City Staff and the citizens of Delray Beach for the victory in Tampa for the All- America City award. Mr. Jackel stated that the City Manager has assured the citizens who reside along Lake Ida Road that money for the beau- tification will be allocated this fiscal year. The citizens thank the City Manager and assure him and the City Commission that they will cooperate in every way. ll.B.2. Lenora Wachtel, 500 N.E. 8th Terrace, Boca Raton, stated she owns property at 2413 North Federal Highway in Delray Beach that is located in the CRA area. At the time the property was purchased it was located in Palm Beach County, but an agree- ment was signed with the City for water and sewer service. Subsequently, a request from the City was received to voluntarily annex the property into the City. She had no objection to this annexation; however, the front building is used for retail but the building located directly behind this retail establishment is used as a warehouse and the surrounding area was zoned General Commercial. As directed by the City, all papers were properly executed and forwarded to the City. Now there is a problem with regard to the use of the property and she is requesting that the City allow some proposed small business operations. Mayor Lynch responded that the City is currently under litigation with a similar case where the "grandfather" clause of 180 days is an issue; the City is not allowing a use to return after that amount of time has elapsed. There can be no excep- tions, and the City is awaiting the Court decision. He further commented that he has requested, with the support of the City Commission, that Mr. Kovacs and the Planning and Zoning Depart- ment review the grandfather clause and the 180-day usage factor to make sure it is truly what the City desires. Empty buildings are not something the City wants and neither does the City want an area that will deteriorate if not in use. Ms. Wachtel asked if her potential client could come in as a contractor. Mayor Lynch requested that Mr. Kovacs contact Ms. Wachtel and discuss this operation with her. Mr. Kovacs advised that she needs to submit a written description of the -12- 5/25/93 utilization of the property and he will review it with the Chief Building Official, a decision will be made and she will be noti- fied. ll,B.3, Robert Burns, 2578 Lake Ida Road, stated he is proud of Delray for winning the All-America City award. However, he feels the City needs no new ordinances that impose hardships for people regarding the landscaping of their property. He feels if the City would enforce the current ordinance, it would be sufficient. He also expressed discrimination by the City towards the handicapped, senior citizens and the Black people who live on West Atlantic Avenue, especially regarding relocation of their place of residence. ll.C. Presentation of All-America City Award by Citizens for Dglray B~a~h All-America C~Y ~ommi~9~ Mayor Lynch expressed pride in receiving the award and commended all the individuals who worked very hard to make this happen. Sandr~ Almy, Chairperson for the All-America City Award Program, stated the sense of unity by the community and all those people involved was an inspiration and the best award for the City. She recognized especially David Kovacs, Planning Director, Lula Butler, Director of Community Improvement, Donna Quinlan, a member of Lula's staff, Diane Dominguez, member of the Planning staff and Joe Gillie, Executive Director of Old School Square who co-chaired the booth and directed the group. At this time Joe Gillie gave a descriptive of the group's efforts and introduced a video of the actual presentation of the award in Tampa, Florida. At the conclusion, Sandra Almy presented the All-America City Award to the City Commission, followed by remarks of commendation and gratitude from Mayor Lynch. FIRST READINGS I2,A, ORDINANCE NO. 39-93; An ordinance placing and rezoning property currently zoned POC (Planned Office Center) zone dis- trict in RM (Medium Density Residential) zone district, said land being located generally to the west and south of Lake Ida Plaza (southwest corner of Lake Ida Road and Congress Avenue). Planning and Zoning Board recommends approval. If passed public hearing June 8, 1993. The City Manager presented Ordinance No. 39-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE RM (MEDIUM -13- 5/25/93 DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF LAKE IDA ROAD AND WEST OF CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, 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. Mayor Lynch opened the floor to public comment. Helen Coopersmith, representing PROD, stated she feels there should be a definitive site plan. There is no concept of what this finished project is going to look like. Alice Schul~z, Rainberry Lakes, commented that she agrees with Ms. Coopersmith and expressed concern about projects that promise one thing and somehow never quite turn out the way they are originally presented. Alice Finst, 707 Place Tavant, stated she feels the developer has no grasp on the land he is using. It is a prime location on the waterfront and she questions if he is aware of the potential. She feels the City deserves a better guarantee of the utilization of the property. Lawrence Sehres, Architect/Planner for the applicant, stated this project is a low density project of eight (8) build- ings consisting of 16 units per building. Upon question by Mayor Lynch, Mr. Sehres confirmed that this is indeed a condominium project consisting of one and two bedroom units, but deferred to their attorney regarding rental possibilities. Dr. Alperin stated this is a P&Z issue involving a zoning change and he feels the overall design and makeup of the project is irrelevant at this point. Should the zoning change be approved, the developer can build anything he chooses that fits within the zoning classification. There can be no agreement to commit the applicant to this site plan. The City Attorney confirmed that the way the ordinance currently exists allows a range of seven (7) to twelve (12) units per acre and the appropriate role at this point is to look at the proposed use with regard to the density and make the findings as set forth in the LDRs and the consistency with the Comprehensive Plan. She strongly feels there is a potential for abuse. Upon question by Mrs. Smith, the City Attorney advised this can be controlled by amending the ordinances and creating different levels of densities. -14- 5/25/93 Mr. Kovacs stated there is not a lot of opportunity to create a lot of site abuse because of concurrency and onsite retention requirements for this particular parcel. The attorney for the developer stated the condominium documents have not been finalized; however, they will be approved by the State of Florida. The plan is to restrict rentals, to prohibit rentals to transients and will be no different from any other Florida condominium. Mayor Lynch passed the gavel to Vice-Mayor Ellingsworth in order to make a motion. Mayor Lynch moved to adopt Ordinance No. 39-93 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - No; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - No; Mr. Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 3 to 2 vote. The City Manager stated he would like to reiterate that the issue before the Commission is whether multi-family zoning is appropriate on this site. Mr. Kovacs questioned if the Commission would like the P&Z Board to look at the density limitation ordinances in the RM districts. The Commission concurred to have this reviewed. Mr. Kovacs then advised that this will be returned to the Commission at the June 22nd meeting. At this point, the Commission returned to the regular agenda portion of the meeting. 9.N. SETTLEMENT OFFER/HESSERT; Accept an offer in the amount of $22,500 to settle Hessert v. City of Delray Beach. City Attorney and Risk Manager recommend approval. Dr. Alperin moved to settle the suit in the amount of $22,500, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.0. SELECTION OF NOMINEE TO SERVE ON THE FLORIDA LEAGUE OF CITIES BOARD OF DIRECTORS REPRESENTIN~ THE PALM BEACH COUNTY MUNICIPAL LEAGUE: Nominate an elected official to serve on the Florida League of Cities Board of Directors representing the Palm Beach County Municipal League. Mayor Lynch advised that there can be no backup person, the term varies and anybody in the Municipal League of Palm Beach County can submit their name; in turn, the Municipal League will choose four representatives, one of which has been representing Palm Beach County and will continue to serve. He then volun- teered to be a nominee. -15- 5/25/93 Dr. Alperin moved to nominate Mayor Lynch as a nominee, seconded by Mr. Ellinsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 13. QOMMENTS AND INOUIRIES ON NON-AGENDA ITEMS: 13.A.1. Commissioner Smith stated she has received more com- ments about the appearance of Lake Ida Road from Congress Avenue up to 4th Street with regard to dumping and an accumulation of garbage. Questions have been posed as to what is being done. Also, there seems to be a similar area behind the Post Office between 1st and 2nd Avenues. The City Manager responded that it would be looked into. 13.A,2, Dr. Alperin commented he has received complaints about the security at the Tennis Center. Dr. Alperin stated, according to the newspapers, Uni- versity Parkway is not dead and he feels the City should consider the approaches and the logic to be used in convincing Boca Raton regarding the impact this will have on the City of Delray Beach. He commented that he might give in, should Boca Raton decide to end the Parkway at Clint Moore Road as opposed to the City limits of DelraYo Dr. Alperin commented that building bigger roads does not tend to control growth. Mayor Lynch advised that the "big" meeting on this is scheduled for June 14, 1993. He asked direc- tion from staff on how to proceed with lobbying the County Com- mission. Dr. Alperin asked how difficult it would be for the City to replicate its All-America City award on video. Mayor Lynch responded that there was a meeting at the Chamber of Com- merce this morning as to the method of advertising and the sale of memorabilia. He also stated there will probably be a major kick-off on July 2nd and 3rd with a parade on July 4th ending at the beach with fireworks. Dr. Alperin stated he received a telephone call from the PEACE group today, indicating a scheduled appointment with individual Commissioners. He expressed concern about dealing with and committing to a group who will not identify their members. 13.A.3. Mr. Ellingsworth stated he, too, will be meeting with the PEACE group, although he will not discuss City employees, but will support the City Manager on whatever action he takes in this regard. However, he feels it behooves the Commission to listen to what they have to say. Mr. Ellingsworth commented that Bob Hayes, who has been active in the field of education in the City, recently contacted him and expressed a desire to serve on the Education Board. -16- 5/25/93 However, the ordinance now reads that these members must be residents of the City. He requested that the residential re- quirement be changed for that board, in order that Mr. Hayes might apply. Dr. Alperin commented that the Education Board plans to submit a request to the City Commission for considera- tion in changing some of the rules. Upon question by Mayor Lynch as to whether the Commis- sion would concur in agreeing to the change, the Commission concurred. He also requested that staff provide the original criteria before the change, the current change in criteria and place it on the next workshop session for re-evaluation. Mr. Ellingsworth stated he had information that came out of the MPO meeting of last Thursday concerning the local option gas tax that the County Commission will be considering at their meeting on June 1, 1993, at 1:30 P.M. The League has agreed on several items, one being that the sixth cent of this increase would go directly to the County for mass transit with the other five cents being divided 75 - 25 between the communi- ties. The existing local option gas tax, of which the City of Delray is getting 60 - 40 continues through the year 1995, at which time that will go to the 75 - 25. Mr. Ellingsworth recalled that at a previous City Commission meeting the Commission voted to request that the University Parkway be removed from the County thoroughfare right-of-way identification map. This item came up at the MPO meeting at which time they recommended that it remain on the map and the County Engineering Department recommended that it remain on. The Planning Director of Palm Beach County advised that he had not completed his study and everyone may be ahead of them- selves in requesting this action. He indicated that, upon com- pletion of his review, it may be unnecessary to have it placed on the right-of-way plan. The consensus of the MPO was to keep it on until such time as the Planning Director completed his study. Mr. Ellingsworth wished to report the MPO's position on this matter to the Commission. 13.A,4~ Mr. Randolph commented that he is concerned about prejudging the PEACE group and their questions. He feels the Commission should allow them the courtesy of listening to what they have to say. 13,A.5. Mayor Lynch again requested that the City Manager provide the information regarding the Education Board membership for Mr. Hayes. Mayor Lynch stated the Grandfather clause will be addressed through the Planning and Zoning Board, especially in regard to the Wachtel issue. Mayor Lynch stated there are buildings located within the City that are over 60 feet in height and it is his under- -17- 5/25/93 standing that the City Code limitation is 60 feet. He has learned that Highland Beach and Boca Raton have adopted a new ordinance that basically states, if buildings of that height are destroyed by a catastrophe, they could be rebuilt. At this time, should that happen in Delray Beach, those owners could rebuild only to a height of 60 feet. Anything currently taller than that could not be rebuilt, which means tax dollars would be lost to the citizens. In addition, those people would be jeopardized, as the insurance would not pay due to the fact that it could not be rebuilt at the original height. He feels this should be re- viewed, in view of the fact that neighboring municipalities have already considered it and that the City should consider support- ing it. Mayor Lynch stated that the News of Delray has agreed to sponsor the fireworks and read a letter from the newly- appointed President/Publisher. He suggested a meeting be sched- uled as soon as possible for coordination, with proper recognition of the News of Delray on behalf of the City. 13,B, There were no comments or inquiries from the City Attorney. 13,C. The City Manager stated he received a telephone call from the News of Delray requesting permission to publish the All-America logo, along with the logo for the City, on the masthead of the papers to be distributed in Delray Beach. The Commission concurred. Mayor Lynch declared the meeting adjourned at 8:50 P.M. 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 May 25, 1993, which min- utes were formally approved and adopted by the City Commission on -18- 5/25/93 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. -19- 5/25/93