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06-22-93 JUNE 22, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:05 P.M., Tuesday, June 22, 1993. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner Barbara Smith Also present were - City Manager David T. Harden and City Attorney Susan A.Ruby 2. The opening prayer was delivered by Reverend Neil Hickam, First Baptist Church of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda approval. The City Manager requested that Items No. 9.D. (Author- ization to Submit Grant Application) and 9.E. (Ratification of Funding Request/Veteran's Park Playground Committee) be removed from the Regular Agenda. He also stated that Items No. 8.T. (Resolution No. 64-93) and 8.U. (1992 Street Resurfacing Program) have been added to the Consent Agenda. Mr. Ellingsworth moved approval of the agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved approval of the minutes of the Spe- cial Meeting of June 1, 1993 and the minutes of the Regular Meeting of June 7, 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. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.A, Mayor Lynch read and presented a proclamation, recog- nizing the efforts of the Korean War Veterans, Lt. Richard E. Cronan Chapter, commending them for their dedication and humani- tarian service. §,B, Mayor Lynch presented a proclamation, recognizing and commending the citizen's programs and organizations included in the All - America City application. 7. Presentations: None 8. Consent Agenda: City Manager recommends approval. 8.A. RESOLUTION NO. 63-93/SHIP PROGRAM: A resolution ap- proving the Local Housing Assistance Plan pursuant to the State Housing Initiatives Partnership Program; establishing a maximum award schedule and maximum cost per unit; authorizing the neces- sary certifications by the Mayor and authorizing the submission of the Plan to the State Housing Finance Agency. The caption of Resolution No. 63-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANT PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM, ESTABLISHING A MAXIMUM AWARD SCHED- ULE AND MAXIMUM COST PER UNIT, AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE AGENCY, PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 63-93 is on file in the offi- cial Resolution Book) 8oB. REOUEST TO HOLD SIDEWALK SALE/ATLANTIC AVENUE A$$QCIA- TION~ Approve the request from the Atlantic Avenue Association to hold a sidewalk sale along Atlantic Avenue from 1-95 to A-1-A on July 2 and 3, 1993. 8,¢, AUTHORIZATION TO SUBMIT GRANT APPLICATION~ Authorize staff to submit a grant application for funding in the amount of $70,000 to establish a Delray Beach Drug Free Community Program. 8~D, AUTHORIZATION TO SUBMIT GRANT APpLICATIQN~ Authorize staff to submit a grant application for funding in the amount of $25,000 from the Palm Beach County Sports Authority to defray the costs associated with the 1994 Virginia Slims Tennis Tournament. 8,E° RATIFICATION OF FUNDING REOUEST/VETERAN'$ PARK PLAY- GROUND COMMITTEE: Approve a request for funding in the amount of $10,000 from the Veteran's Park Playground Committee, with fund- ing from Decade of Excellence - Veteran's Park Redevelopment (Account No. 225-4126-572-61.63). -2- 6/22/93 8.F. VOLUNTARY DISMISSAL 0F COUNTERCLAIM WITHOUT PREJU- DICE/CITy OF DELRAY BEACH V. KURT KETTELHUT: Authorize the City attorney to file a voluntary dismissal of counterclaim without prejudice in the City of Delray Beach v. Kurt Kettelhut. 8.G, AERO-DRI APPEAL: Authorize the City Attorney to move forward with the City's Appeal of the Aero-Dri matter before the Supreme Court. 8.H. LANDSCAPE AGREEMENT/LAKE IDA CHURCH OF CHRIST: Approve an agreement with the Lake Ida Church of Christ for the timed phasing in of landscape improvements at their site on Lake Ida and Roosevelt Roads. 8.I. REQUEST FOR WAIVER OF PERIMETER LANDSCAPE REQUIREMENTS: Approve a request for waiver of Section 4.6.16(H)(3)(d) to permit a one foot wide landscape strip along the north property line, adjacent to the parking area for Nanny's Attic located at 124 N. Swinton Avenue. 8.J. REQUEST FOR FINAL PAYMENT/PROFESSIONAL ENGINEERING CONSULTANTS, INC.; Approve a request from Professional Engineer- ing Consultants, Inc. in the amount of $554 for bidding and bid evaluation services in conjunction with the Rehabilitation of Sanitary Sewer Systems 8, 18 and 32, with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). 8.K. CHANGE ORDER NO. 4 AND REQUEST FOR FINAL PAYMENT/ BIMECAP CONSTRUCTION. INC.~ Approve a deduct change order in the net amount of $1,420.95 and a request for final payment in the amount of $79.05 from Bimecap Construction, Inc. for completion of the City Attorney's Office Renovation project, with funding from 1987 Utility Tax - Renovate City Attorney's Office (Account No. 333-1651-514-61.50). 8.L. REOUEST FOR FINAL PAYMENT/MOCK RO0$ AND ASSOCIATES: Approve a request from Mock, Roos and Associates for final pay- ment in the amount of $5,797.83 for consulting engineering ser- vices in conjunction with the Southwest Area Road Reconstruction Project, with funding from Decade of Excellence Bond Issue - Street Reconstruction Phase I (Account No. 225-3162-541-61.17). 8~M, CHANGE ORDER NO. 1/RIC-MAN INTERNATIONAL, INQ, I Ap- prove a deduct change order in the net amount of $11,313.20 and a request for final payment in the amount of $23,926.72 from Ric- Man International, Inc. for completion of the Southeast Transmis- sion Main - Part B project, with funding from Water and Sewer Southeast Transmission Main Construction (Account No. 441-5181-536-69.06). 8.N, RESOLUTION NO. 56-93: A resolution assessing costs for abatement action required to demolish unsafe structures at 124 S.E. 2nd Avenue. -3- 6/22/93 The caption of Resolution No. 56-93 is as follows: A RESOLUTION OP THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OP THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 56-93 is on file in the offi- cial Resolution Book) 8.0. RESOLUTION NO. 57-93: A resolution assessing costs for abatement action required to demolish an unsafe structure at 236 S.E. 4th Avenue. The caption of Resolution No. 57-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 57-93 is on file in the offi- cial Resolution Book) 8.P. RESOLUTION NO. 58-93: A resolution assessing costs for abatement action required to demolish an unsafe structure at 232 N.W. 8th Avenue. The caption of Resolution No. 58-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO -4- 6/22/93 CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 58-93 is on file in the offi- cial Resolution Book) RESOLUTION NO. 59-93: A resolution assessing costs for abatement action required to remove junked and/or abandoned vehicles from 13 properties located within the City. The caption of Resolution No. 59-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 59-93 is on file in the offi- cial Resolution Book) 8.R. AWARD OF BIDS AND CONTRACTS: 1. Medical and Drug Supplies - Fire Department - Various vendors in the estimated annual amount of $76,427.67, with funding from Fire Operations - General Operating Supplies (Account No. 001-2315-526-52.20). 2. Housing Rehabilitation - 333 Roosevelt Avenue - Ray Graeve Construction in the amount of $19,040, with funding from CDBG Housing Rehabilitation (Account No. 118-1963-554-49.19). -5- 6/22/93 INTERLQCAL AGREEMENT WITH LAKE WORTH DRAINAGE DISTRICT: Approve an interlocal agreement with the Lake Worth Drainage District in conjunction with the construction and operation of the Morikami Wellfield. RESOLUTION NO. 64-93. A resolution authorizing the appropriate City officials to execute the documents necessary to obtain the release of RCA Common Stocks. The caption of Resolution No. 64-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE THE DOCU- MENTS NECESSARY TO REDEEM AND RELEASE TWEN- TY-FIVE (25) SHARES OF RCA COMMON STOCK; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 64-93 is on file in the offi- cial Resolution Book) 1992 STREET RESURFACING PROGRAM: Approve additional roads to be improved in conjunction with the 1992 Street Resur- facing Program. Mr. Ellingsworth moved approval of the Consent Agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9. Regular Agenda: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARI- OUS BOARDS; Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period June 7, 1993 through June 18, 1993. Dr. Alperin moved to receive and file this report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes~ Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9,B, RENTAL REHABILITATION AWARD/MSD CQNSTRUCTION SERVICE$~ Consider awarding the bid for the rehabilitation of rental units located at 11-27 S.W. 2nd Avenue to MJD Construction Services in the amount of $107,520, with funding from CDBG Housing Rehabili- tation (Account No. 118-1975-554-34.65). The City Manager stated he has received a draft amend- ment to the interlocal agreement between the County and the CRA. -6- 6/22/93 Should the draft agreement be adopted, it would provide for the CRA to acquire the property and convey it to the County on or before October 1, 1994. Lula Butler, Director of Community Improvement, gave a brief update, noting that the contract could be reduced to a total of $66,000 by making only minimum improvements to building code violations as opposed to replacement, but Dr. Norris, the applicant, indicated he would prefer to go ahead with the origi- nal contract with the City. However, under the rental rehab program, all code violations are to be addressed and Ms. Butler is concerned with regard to landscaping and parking deficiencies that currently exist on the property and these are not included as a part of this contract. Dr. Alperin expressed concern that so much money is being put into buildings that are eventually to be torn down and the area subsequently used for parking. The City Manager stated it is his understanding that the current agreement with the County has a time frame in it for acquisition which is so far into the future that it would not justify immediate condemnation. Under the current agreement, the CRA cannot acquire it as there is no need for it until the end of 1996. Therefore, they are trying to get it amended because of the need for additional parking. Discussion followed. The City Attorney commented that, under the HUD Program Services guidelines, the funds must be used to meet the minimum Code violation problem and the landscaping will not meet those requirements under this current agreement. Dr, Virgil C. Norris, applicant and owner, stated he has received numerous Code violations and has done his best to correct these immediately. Last December he contacted the City staff requesting information with regard to his eligibility to participate in the Rental Rehabilitation program and a favorable response was received. He feels the City is dragging its feet. Ms. Butler gave an update of the process, explaining that the CRA was notified immediately upon the receipt of Dr. Norris' application; however, the eligibility process took nearly two months to prove. That approval came in the same month that the Housing Rehab inspector made his initial inspection and write-up on the project. She further added that the scope of this project has changed three (3) times between December of 1992 and March of 1993, resulting in redoing the work write-up, but they have continued to proceed in a timely manner. Upon question, the City Manager stated he feels the property owner should not be kept in limbo and that condemnation will have very little, in any, impact on the ultimate value of the property. 7 6/22/93 Ms. Butler stated she would like a commitment from Dr. Norris to do some exterior improvements to the landscape and parking area, as a condition of this entire package. Mr. Randolph moved to honor this agreement and proceed with haste. Mr. Ellingsworth questioned if Mr. Randolph would add that the outstanding violations be brought up to date as a part of the motion. Mr. Randolph amended his motion to include a compromise between the City and the owner with regard to the landscaping, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 1 vote. REOUEST FOR MODIFICATION OF STANDARDS: Consider a request for Modification of Standards to permit a boat dock less than 25 feet from the property line at 631 Pelican Way. City Engineer recommends approval. The City Manager commented that this dock has been in place for approximately ten (I0) years and it is recommended that the waiver be approved. Due to the unusual shape of the proper- ty, it is felt to be appropriate. Dr. Alperin moved approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.D, RESOLUTION NO. 54-93: THIS ITEM WAS REMOVED FROM THE AGENDA. 9.E. ALLOCATION OF COMMUNITY REDEVELOPMENT AGENCY LOAN REPAYMENT: THIS ITEM WAS REMOVED FROM THE AGENDA. 9.F, MARKETING AGREEMENT WITH LIDDUN INTERNATIONAL. INC.: Approve an agreement with Liddun International, Inc. for the marketing of the Tennis Stadium. The City Attorney stated this agreement is before the Commission addressing earlier concerns. A change has been made in the definition of gross rental fees to exclude those fees; for example, temporary bleacher fees or use of the Community Center or other Old School Square facilities. This is acceptable to Mr. Liddy. Mr. Ellingsworth moved approval of the Marketing Agree- ment with Liddun International, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. -8- 6/22/93 9oGo REQUEST FOR ADVANCED FUNDING AND USE OF TENNIS STADI- UM/GOSPEL CONCERT: Consider a request from Dennis Enterprises, Ltd. for a funding advance in the amount of $9,017 to cover expenses and use of the Tennis Stadium to hold a gospel concert on July 24, 1993. The City Manager stated the City would become a sponsor of the event. There are some concerns regarding the short time frame and the fact that there is no history of how successful this type of event has been. Upon question by Mayor Lynch as to a date certain of July 24th, Wayne Dennis, Director, Dennis Enterprises, LTD, stated they will be using Ticket Master, a nationally-known outlet, for the sale of tickets, who will update sales on a daily basis. If, on the week prior to the concert, 50% of the tickets have not been sold, the concert will be cancelled. The minimum charge by the Choir is a $500 deposit. If necessary, he can cover that amount with funds he has set aside. Discussion fol- lowed with regard to security and parking. The City Manager stated that based on the information presented tonight, funding of a $500 deposit plus the advertising cost of $750 comes to a total of $1250, the figure the City would need to forfeit should the concert be cancelled. The City Attorney suggested this be made into a format contract to address these concerns and other legal concerns regarding the use of public monies. The City Attorney also advised that these funds need to be channeled through a non-prof- it designation. Mr. Ellingsworth moved approval of use by the Gospel Concert Group with advanced monies of up to $9,017 being forward- ed for that project and subject to the City Attorney's approval of all contract arrangements, seconded by Dr. Alperin. 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. 9.H. APPROVAL OF REQUEST/JULY 4TH CELEBRATION: Approve various requests in conjunction with the July 4th Celebration. City Manager recommends approval. Assistant City Manager Barcinski stated the All Ameri- ca City's Marketing Committee has been very active in trying to line up a program for the Fourth of July. The request before the Commission is to authorize the Marketing Committee to issue and approve vendor permits at the grounds of Old School Square and the municipal beach on July 4th. A request has also been made for up to $2500 to help cover the cost of the tent to be erected for the Boca Pops concert and miscellaneous activities. -9- 6/22/93 Mr. Randolph moved approval of the request for the Fourth of July celebration, including the specific request num- bers 1, 2 and 3 in the memorandum, seconded by Mr. Ellingsworth. 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. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. Public Hearings: 10.A. COMPREHENSIVE PLAN AMENDMENT 93-2 TRANSMITTAL HEARING: Authorize staff to forward Plan Amendment 93-2 to the State Department of Community Affairs. Planning and Zoning Board recom- mends approval, subject to conditions. Prior to consideration of approval of this request, a public hearing has been scheduled to be held at this time. David Kovacs, Director of Planning, stated the trans- mittal of proposed Plan Amendment 93-2 to the Department of Community Affairs for further review is before the Commission tonight, consisting of six components. The first item is the Taheri Property and the Land Use map amendment; the second is the Blood property and the Land Use map amendment, dealing with School Site "S"; the third deals with the Water Treatment Plant; the fourth item is the annexation objectives relating to the County action taken earlier this week; the fifth item deals with alleyway beautification and the sixth item relates to Intergovernmental coordination and multi-jurisdictional review of plan amendments. Mr. Kovacs suggested that each item be considered individually, reserving approval until all have been discussed. Taheri Proper~y. Mr. Kovacs presented an overview of this property indicating that there is a companion petition to annex into the City under Agricultural zoning. Dr. Taheri is requesting, in the future, to have his Land Use Plan designation referred to as Transitional, allowing various zoning designations, which Mr. Kovacs explained in detail. The request is to be annexed into the City with a Transitional Land Use designation and as an advisory recommendation in the plan now, it is residential at 12 units per acre. The Commission is being requested for authority to transmit this to DCA for a review process and return to the City for adoption hearings in the months of October/November. Kerry Kilday, representing Dr. Taheri, commented that the only addition he would like to make to Mr. Kovac's comments is the reason for coming into the City at this time. Dr. Taheri was involved during the last couple of years with the School -10- 6/22/93 Board in conjunction with the Blood's property for the sighting of a school on a portion of his property. Upon approval by Dr. Taheri to allow a school to be built on a ten-acre site, a contract was drafted by the School Board, subject to a condition that a zoning designation of GC (General Commercial) be placed on the balance of the property. However, the Bloods decided to move ahead and offer their property. When the school was no longer a part of the condition, Dr. Taheri made a decision to bring the entire 35 acres into the City under a Transitional designation. Michael Weiner, representing the Del-Aire property owners, stated he feels the City is getting ahead of itself, as there is no existing development plan at this time. Sol Weinberger, representing the Del-Aire Homeowners Association, spoke in opposition to submittal of the amendment, due to the hazardous traffic situation that will be created as a result of this zoning designation. Elmer Bregman, Del-Aire, expressed the feeling that both sides of Military Trail should be limited to a zoning desig- nation of Residential in this area. He sees no reason for pursu- ing commercial construction further south on Military Trail. The public hearing was closed. Mr. Kilday commented that his client is not requesting commercial, but to keep the zoning Agricultural and have a Land Use designation that will allow for some inventiveness and flexi- bility when a planned development is submitted. Their concern is that they may have to go through another Land Use change. Upon question, Mr. Kovacs stated this item will not be back for adoption consideration until the end of October or the first of November. A public hearing will then be held at First Reading and another at Second and FINAL Reading. Mayor Lynch questioned the process necessary should the applicant want to start a particular development in two years. Mr. Kovacs responded, if that development is consistent with RM or with the zonings allowed, he then rezones his property and goes through the public hearing process. Dr. Alperin moved for transmission of the Plan Amend- ment for the Taheri Property, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Said motion passed with a 4 to 0 vote. Blood's Grove Mr. Kovacs stated the City is the petitioner in this issue, in order to facilitate the annexation, zoning and Land Use Plan Amendment necessary to accommodate School site "S". In this -11- 6/22/93 Plan Amendment necessary to accommodate School site "S". In this case the CF (Community Facilities) zoning is very specific. If this item is forwarded to DCA, the City will then go through the step of local processing, including conditional use review, public hearing at P&Z level and notice to the neighborhoods. The recommendation of the P&Z Board, on a 6 to 0 vote, was not to amend the plan with respect to the specific proposal. However, the Board also took a separate action, which stated that they did not want the denial of the request to be used as a rejection of a school site in the general area or putting a park and school together. Therefore, the recommended action is (1) do not for- ward it, but have the administration go back and start at the beginning or; (2) forward it, with a very firm statement that this is really the site and no alterations will be considered; or, (3) forward it, stating that the P&Z Board action has brought up points for concern and in the ensuing months the City will continue with the conditional use process and see if adjustments need to be made. Mark Krall, member P&Z Board, stated when the Blood's Grove issue was presented to the Board, they did not have the benefit of knowing what was happening with regard to the Taheri property negotiations and the School Board. He feels that the questions the surrounding neighborhood will be asking is, who will buy quality residential development, in the future, in Blood's Grove. There is also a traffic issue to consider. He suggests forwarding this to DCA, but not limiting it to the specific parameters of that site. As an alternative, the City can forward this amendment, but tell DCA that this does not necessarily mean that the City is limiting itself to a particular portion of a parcel. Upon question by Mayor Lynch regarding the specific location of the school on a particular parcel of property, Mr. Kovacs clarified that the City does not have a legal parcel that has been created or subdivided under the boundaries in the north- east corner of Blood's Grove. He further agreed that the north- east area, the southwest area and the Taheri property are loca- tions for potential school sites. At this time Mayor Lynch opened the floor to public comment. Assistant City Manager Barcinski, representing the City, gave a background regarding issues dealt with and the many sites considered in the selection of this specific site. He advised that the needs and regulations of the City must be met, the School Board restrictions must be adhered to, along with consideration for the property owners regarding issues of commer- cialization, roadways and overall safety. J~ck Graham, resident of Foxe Chase, spoke in opposi- tion to the proposed zoning change and annexation for the purpose of a school and park site, because of the adverse impact it will -12- 6/22/93 have on the adjacent property and the safety of the children attending the school. George RQchford, resident of Oakmont, thanked all those persons connected with the new Fire Station No. 5. He spoke in opposition to the proposed site for a new school and feels there are better alternatives. Jerry Marshall, resident of Woodlake and member of the Education Board, spoke in favor of the proposed school site. Christine Carter, schoolteacher, expressed her delight in having a school site just off Germantown Road which she feels is a good place to attract young families where the children can walk to school and have access to a park. Gretchen Bacon, resident of Oakmont, stated she be- lieves this is an excellent location for the new school and a plus for the young families in this area. Arnie Swick, resident of Oakmont, spoke in favor of the Land Use Amendment necessary to allow construction of the pro- posed school site "S". He feels the support of the Commission will demonstrate to the citizens of Delray that they stand behind the continued growth of Delray as an "All American City" Dave Williams, acting coordinator of Planning and Real Estate for the School Board of Palm Beach County stated on June 2nd the School Board approved the purchase contract for ten (10) acres of the Blood's Grove property for an elementary school site. The School Board staff is addressing the permitting issues of the contract contingencies which must be satisfied prior to closing. The amendment to the interlocal agreement with the City indicates that the school will be open in the 1995-96 school year. The proposed School Board capital budget being presented at a School Board workshop tomorrow includes the fund- ing necessary to meet this schedule. It also includes funding for a school on the Morikami Road property to be built concurrent with the Germantown Road school. These two schools will signifi- cantly relieve existing schools in the Delray Beach and west Delray areas. After speaking with a representative of the Foxe Chase residents, who expressed concern regarding the proximity of the school site to their community, a meeting was scheduled for July 1, 1993 to meet with the Foxe Chase representatives to address their concerns. Cheryl $~olzenberq, resident of Chateau Wood, speaking as a professional urban planner, recommended that those persons voicing concern with regard to the proposed school site should not consider a site located along Military Trail. It is a major arterial road and no place for a grade school. E,P, Juliano, 2420 Greenbriar Drive, developer of Foxe Chase, spoke in opposition to the proposed school site. -13- 6/22/93 Tom Fleming, 2850 Hampton Circle East, stated he, too is a developer on Germantown Road. He challenges the question that a school proximate to a residential neighborhood will de- stroy the property values in that neighborhood. Helg~ Coopersmith, resident, stated Delray Beach won the "All America City" award because one of the three issues represented was sharing an excellence for schools. The residents of Foxe Chase are not residents of the City of Delray Beach; they began their development in 1979. They do not require City water and sewer service, City police and fire protection, City streets and lights. She feels the Commission should not be listening to people who did not want to become a part of our City. GgQrge W~irg~, resident of Foxe Chase, spoke in opposi- tion to what he referred to as spot zoning. He recommended an alternate location to the west. Alice Finst, 707 Place Tavant, stated this project has been in the planning stage for more than three (3) years. If this is not approved at this time, she questioned if everyone wants to return to the drawing board and begin again. Sandra Weires, resident of Foxe Chase, stated she was shocked to learn of the proposed new school with no notification or contact from the City. She feels the school should be placed to the west. Sandy Middlecott, business owner in Delray Beach, spoke in favor of the proposed new school site. Rosetta Rolle, 301N.W. 3rd Avenue, speaking on behalf of the Voters League, requested that the Commission vote in favor of the proposed school site. The public hearing was closed. Dr. Alperin stated he was extremely disappointed at the P&Z meeting, in that they seemed to be dealing with a very small portion of the City and not as a whole. It is inconceivable to him that the presence of a school is looked at as a negative impact on a neighborhood. He feels that elementary schools belong in residential areas and should be nurtured by the neigh- borhood. Mr. Randolph stated he feels schools serve as a great anchor to any city, particularly those who yearn to have the younger set be a vital part of the community. He feels this would reduce busing, help to racially balance the schools in the City and reduce overcrowding at this level. Mr. Ellingsworth spoke in favor of transmittal and stated he feels it should be acted on tonight. -14- 6/22/93 Mayor Lynch stated he is in favor of this transmittal. The City has had a good relationship with the School Board for the past two years, proving to be very beneficial to the citizens and he hopes the negotiations go well. A school is definitely needed in this area and we need to work together for what is best for the community. The City Manager clarified that the road into the middle of the property would be built at a later date at the developer's expense. The City's agreement with the School Board requires that the City build a road from Germantown Road down to the school site itself. Also, he asked that everyone bear in mind that the City's agreement with the School Board requires the School Board to contribute $150,000 toward the cost of infra- structure and improvement such as the road, sewer and water service. He further commented that, as a planner, and looking at the area, there are currently four (4) elementary schools in the City and all four (4) are basically surrounded by residential development. Most of the zoning ordinances that he is familiar with allow schools as a conditional use in the residential zone. Should the City have that type of ordinance, there would be no need to discuss a comprehensive plan change. The City Manager also stated that it is his understand- ing that there was a discussion at the P&Z meeting expressing concern about the loss of an area designated as Low Density Residential by putting tke school in this location. It has been confirmed with Blood's attorney that what the City is doing is taking the area in the middle of their property and moving it up to the school site. In turn, that low density area would move down to the area now shown as CF (Community Pacilities), thereby shifting it around on the overall property. Dr. Alperin moved to forward Plan Amendment 93-2 with the Blood's property of a Low Density Residential change to CF (Community Facilities) with Alternative 2, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mr. Kovacs summed up the remaining four (4) items, as follows: (3) Up-date of information pertaining to the Water Treatment Plant (4) Changes to the Annexation Objective and Policies to accommodate a transfer of land use authority from the County to the City (5) Modification to a Land Use Element Policy pertain- ing to alleyway beautification and use (6) Changes to the Intergovernmental Element to accom- modate multi-jurisdictional review of plan amendments -I5- 6/22/93 Prior to consideration of action on the above items, a public hearing was held. The public hearing was closed. Mr. Randolph moved approval of the inclusion of the last four items on the Plan Amendment 93-2 to be transmitted, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. .10.Bo REQUEST FOR WAIVER OF THE SIGN CODE: Consider a re- quest from the Chevron Station located at 1909 West Atlantic Avenue for waiver of Section 4.6.7 (D)(3)(n)(i) of the Sign Code to allow an increase from 12 square feet to 19.8 square feet per sign face to advertise the price of gasoline at the facility. Site Plan Review and Appearance Board recommends approval. Prior to consideration of this request a public hearing has been sched- uled to be held at this time. Ms. Butler advised that the Code limits the size of the letters on which the pricing is listed and the applicant is requesting to exceed the Code by seven (7) square feet on that size. Staff recommended that the waiver be denied. Mark Paules, representing the applicant, advised that the Code states that the price portion of the sign can be only twelve (12) square feet. The overall square footage of the sign meets the intent of the Code. All they want to do is give the public a better opportunity to establish what the pricing is from across the street. Discussion followed. The public hearing was closed. Dr. Alperin moved denial of the waiver. Motion died for lack of a second. Mr. Ellingsworth moved to return the item to SPRAB, requesting that they provide a rationale for their decision and ask if this is going to be used to set a precedent or do they want to draft a new ordinance, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - No. Said motion passed with a 3 to I vote. 10.C. ORDINANCE NO. 40-93: An ordinance amending the Land Development Regulations to accommodate the ability to affix a density suffix in the RM (Medium Density Residential) zone dis- trict. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 40-93: -16- 6/22/93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 4.4.6(H)(1) OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE LIMITATION OF DENSITY WITHIN THE MEDIUM DENSITY RESIDENTIAL (RM) ZONE DIS- TRICT; AND TO FURTHER PROVIDE THAT THE DENSI- TY WILL BE APPROVED BY THE BODY TAKING FINAL ACTION ON THE DEVELOPMENT APPLICATION; PRO- VIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 40-93 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. Mr. Kovacs stated that this item was generated as a potential solution to a problem that was raised earlier. The proposed amendment would allow a numerical suffix to be affixed to the RM zoning designation. The P&Z Board, on a vote of 5 to 2, recommended support of the con argument of not to go forward and not to create the suffix approach. The two major reasons were that there are sufficient controls, rules and regulations currently in place to control intensive use in site plan approv- al; and, that it is more appropriate to address the issue of intensity at site plan approval when there is a wider range of information available. He further commented that he supports the recommendation. Mr. Kovacs reminded the Commission that as they delib- erate on this issue, there are two other ordinances; one to do Club Delray at RM-8 or RM or not to do Club Delray at all. Helen Coopersmith cautioned the Commission to consider carefully before they vote. Alice Fins~ stated she attended the meeting last night, and it was her understanding that this was sent to the P&Z Board so the Commission would have some direction on how to handle these zonings in a range of six (6) to twelve (12). She feels the point was missed as to the reason it was sent. Alice Schultz, 1080 N.W. 19th Terrace, stated nothing has been done regarding Articles in Cooperation, those restric- tions that are placed on homeowners such as no parking of trucks, etc. She questioned when this was going to take place. Mayor Lynch responded that unfortunately, the laws are not written in that way. -17- 6/22/93 The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 40-93 on Second and FINAL Reading, seconded by Mr. El!ingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 3 to ! vote. ~0,D, 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). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 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. (Copy of Ordinance No. 39-93 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. The City Attorney advised this ordinance does not include the suffix. Dr. Alperin moved denial of Ordinance No. 39-93. The motion died for lack of a second. Mayor Lynch passed the gavel to Vice-Mayor Ellingsworth and moved for the adoption of Ordinance No. 39-93 on Second and FINAL Reading, seconded by Mr. ~andolph. Upon question by Dr. Alperin, the City Attorney reiter- ated that this ordinance is a straight RM zoning with no density or suffixes attached. In other words, the Commission just previ- ously approved the concept of an RM-8 suffix as a Code amendment, -18- 6/22/93 in general, and this ordinance before the Commission for consid- eration does not contain that suffix. Mayor Lynch withdrew his motion; Mr. Randolph withdrew his second. Dr. Alperin moved for denial of Ordinance No. 39-93, seconde~ by Mr. Randolph. Upon roll call the Commission voted as follows Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; ~r. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10,Et ORDINANCE NO~ 42-97; An ordinance placing and rezoning propert~~ currently zoned POC (Planned Office Center) zone dis- trict i]~ RM-8 (Medium Density Residential- Eight (8) units per acre) z~ne district, said land being located generally to the west an~ south of Lake Ida Plaza (southwest corner of Lake Ida Road an{ Congress Avenue). Prior to consideration of passage of this or{ inance on Second and FINAL Reading, a public hearing has been sc~eduled to be held at this time. The City Manager presented Ordinance No. 42-93: 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-8 (MEDIUM 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, i990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 42-93 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public ]~earing was held having been legally advertised in compli- ance wiJ~h 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. 42-93 o! Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon ro 1 call the Commission voted as follows: Dr. Alperin - Yes; Mr Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. S~id motion passed with a 4 to 0 vote. 10.F. ORDINANCE NQ~ 41-~ An ordinance amending Ordinance No. 24-~)0 which created the Education Board by modifying Section 32.28 "~ualification of Members" to provide for the inclusion of additio]~al membership criteria. -19- 6/22/93 The City Manager presented Ordinance No. 41-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMIS- SIONS'', SUBHEADING "EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 32.28, "QUALIFICATIONS OF MEMBERS", TO PROVIDE ADDITIONAL QUALIFYING CRITERIA; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 41-93 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. 41-93 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 - Yes. Said motion passed with a 4 to 0 vote. 10,~. ORDINANCE NO, 37-93: An ordinance amending Section 110.06, "Persons Not Required to Pay Full Fee", of the City's Code to provide an exemption for non-resident businesses and/or property owners from paying additional fees; and, amending Sec- tion 110.15, "License Tax Schedule", by adding one new category. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 37-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERAL- LY'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 110.06, "PERSONS NOT REQUIRED TO PAY FULL FEE", TO PROVIDE AN EXEMPTION FOR NON-RESI- DENT BUSINESSES FROM PAYING ADDITIONAL FEES; BY AMENDING SECTION 110.15, "LICENSE TAX SCHEDULE", BY ADDING A NEW CATEGORY OF OCCU- PATIONAL LICENSE; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 37-93 is on file in the official Ordinance Book) -20- 6/22/93 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 37-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 1 vote. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A.1. City Manager's response to prior public comments and inquiries. The City Manager responded to a question regarding litter containers on West Atlantic Avenue by stating there are three (3) containers in each block up to West 5th Avenue. The additional containers ordered by the City have not all arrived at this time; however, the balance of the containers will be placed upon arrival. The plan is to place three (3) containers in each block as they become available, probably within the next month. ll.B. From the Public. ll.B.1. Mr. Jerry Marshall, resident of Woodlake, stated that it takes one minute/40 seconds to turn left coming out of Homewood Boulevard onto Atlantic Avenue, and asked if there was any way that this amount of time could be reduced. ll.B.2. M~. Virginia Snyder, 38 S. Swinton Avenue. Delra¥ Beach, stated that she had learned of a serious drug bust in the area south of S.W. 10th Street in a construction trailer inside of a warehouse. Her concern is that nobody seems to be able to find out any information about it. She felt there was no reason for the secrecy and asked the City Manager to find out from Chief Overman why this incident is being kept so secretive. ll.B,3. MS. Alice Finst. 707 Place Tavan~, Delray Be~h, asked that some arrangement be made so that the public is able to view the visual displays that are presented to the Commission during the meetings. She also expressed her thanks for rearranging the seating in the conference room to better accommodate the public. Ms. Finst stated that some time ago, the Commission had discussed having an orientation for the advisory boards to give them the Commission's point of view on various issues, and asked if this had occurred. Mayor Lynch advised that this had been done about a year ago. Lastly, Ms. Finst commented on the condition of the historic marker designating the City's Black historic sites. She -21- 6/22/93 felt that it would take very little in the way of landscaping and moving of the fence to solve the problem, and suggested that this work be done before the beginning of the upcoming Roots Festival. 12. First Readings: 12,A. ORDINANCE NO. 43-95: An ordinance amending the Code of Ordinances with regard to moveable fixtures within the road right-of-way. If passed public hearing July 13, 1993. The City Manager presented Ordinance No. 43-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.3.3, "NEWSRACKS, BENCHES, AND OTHER UNATTACHED FIXTURES IN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO ALL MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY; TO PROVIDE FOR A DEFINITION OF "MOVABLE FIXTURE"; TO PROVIDE FOR THE DELETION OF SOD AS A PROHIBITED LOCATION FOR MOVABLE FIXTURES; TO PROVIDE FOR THE PLACE- MENT OF MOVABLE FIXTURES NO CLOSER THAN 15 FEET TO A FIRE HYDRANT; TO PROVIDE FOR CLEAR ZONES TO EXTEND FOUR FEET FROM A SIX INCH HIGH VERTICALLY FACED CURB AND TO PROHIBIT MOVABLE FIXTURES FROM BEING PLACED CLOSER THAN TEN FEET FROM THE EDGE OF PAVEMENT, OR AS FAR AWAY AS POSSIBLE; AMENDING SECTION 6.3.3(B)(6) "SIGHT AREAS" TO PROVIDE FOR A 40 FOOT BY 40 FOOT SIGHT TRIANGLE EXTENDING ALONG THE ROAD SIDE EDGE AS ILLUSTRATED IN FIGURE 1; AMENDING SECTION 6.3.3(B)(7) TO PROVIDE FOR LOCATION MAPS AT CITY FACILITIES DESIGNATING LOCATIONS WHERE MOVABLE FIXTURES MAY BE PLACED; AMENDING SECTION 6.3.3(B)(8) TO PROHIBIT THE PLACEMENT OF MOVABLE FIXTURES ADJACENT TO SINGLE FAMILY RESIDENCES; REPEAL- ING SECTION 6.3.3(C)(1); REPEALING SECTION 6.3.3(0); REPEALING SECTION 6.3.3(C)(2)(e); REPEALING SECTION 6.3.3(H); PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney commented there is one word in the body of the ordinance, pavement, that needs to be changed to roadway, located on Page 4, Section B, at the end of the fourth underscored line. -22- 6/22/93 Dr. Alperin moved for the adoption of Ordinance No. 43-93 on First Reading, with the correction as noted, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 44-931 An ordinance annexing the Taheri property located on the east side of Military Trail, south of Linton Boulevard, north of the Del Aire subdivision, with initial City zoning of AG (Agricultural). If passed public hearing July 27, 1993. The City Manager presented Ordinance No. 44-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF MILI- TARY TRAIL, SOUTH OF LINTON BOULEVARD~ REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO AG (AGRICULTURE) DISTRICT~ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 44-93 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Dr. Alperin requested, for the record, that with this annexation, the City is not looking forward to a commercial application from the owner. Mayor Lynch added that it is under- stood there will be a change in the NC (Neighborhood Commercial) zone district to reduce the allowable commercial square footage from 35,000 square feet down to 4,000 square feet; that any commercial development will be internally located and not on a main thoroughfare; and will not allow gas stations. At this point the roll was called to the motion. The Commission returned to the remainder of the Regular Agenda. -23- 6/22/93 9.I. RESOLUTION NO. 61-93/POLICE OVERTIME ISSUE: A resolu- tion supporting the Roots Cultural Festival, Inc., in their efforts to sponsor the Sixteenth Annual "Roots Cultural Festival" in the City of Delray Beach on July 11 through August 13, 1993; and, provide staff direction with regard to the police overtime issue. The City Manager presented Resolution No. 61-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE SIXTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 61-93 is on file in the offi- cial Resolution Book) Assistant City Manager Barcinski stated a request has been received from the Roots Committee to approve the resolution in support of the activity, a request for $2,000 and other re- quests that can be handled administratively. The other issue is the police overtime pay, for which the committee is requesting assistance. Tommy Stevens, Chairperson for the Roots Cultural Festival, stated he spoke with Major Lincoln regarding security and was informed of the tremendous cost. However, Major Lincoln indicated that he would proceed in the direction from staff and the Commission. It is the goal of the Festival Committee to make this a budget item and to have their own fund-raisers during the year to fund this in the future. The City Manager suggested having some volunteers on the Committee assist with security with what could be called "Tee Shirt Security" by having them identified by their tee shirts, in order to work with the Police Officers and help reduce the work force. Mr. Stevens commented that they would be most willing to do that. Mr. Randolph moved for the adoption of Resolution No. 61-93, subject to the direction to reassign officers as little as possible with the help of the Festival's volunteers working with the Police Department, but willingly support that reassignment, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Dr. Alperin stated, for clarification, it was his understanding that, for all occasions where the City would be -24- 6/22/93 using Police overtime, specifically the Delray Affair and the Roots Cultural Festival, the Commission had discussed this issue last year and agreed not to expend these funds in the future. Mayor Lynch agreed that next year a decision definitely needs to be made. At this point the roll was called to the motion. CONSIDERATION OF AMENDED PROPOSAL: Consider an amended proposal to alleviate overcrowding at Atlantic Community High School. Assistant City Manager Barcinski explained the proposal of the boundary changes that were made at the meeting he attended with the School Board staff last week with regard to alleviating the overcrowding at Atlantic High School. This proposal will be considered by the School Board at a Workshop/Special Meeting on June 30th. Their recommendation is that the City support the proposal, provided that those students that will be attending Olympic Heights will have an ESOL program this fall. Otherwise, those students will be allowed to remain at Atlantic High School. Discussion followed. Dr. Alperin moved to approve the adoption of the June 22, 1993 letter of recommendation, in full, drafted by Assistant City Manager Barcinski, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. AUTHORIZATION TO PROCEED WITH GREEN R~NQV~- TIONS/MUNICIPAL GOLF COURSE; Consider alternatives and authorize staff to seek proposals to renovate the greens at the Municipal Golf Course. City Manager recommends approval. Assistant City Manager Barcinski advised there are two corrections that should be made to the memo; one being the total number of greens that were to be renovated should be I8 and the second was the omission of the revenue receipts received last September which totaled $66,787.00. Brahm Dubin, Manager, stated the estimated total cost for this project is $84,000 and is scheduled to take place in September, if approved. Dr. Alperin moved approval of the renovation, seconded by Mr. Randolph. 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. 9,L. RESOLUTION NO. 62-93: A resolution authorizing the execution of the Comprehensive Plan Amendment Coordinated Review Interlocal Agreement and Multi-jurisdictional Issues Coordination Forum Interlocal Agreement. City Manager recommends approval. -25- 6/22/93 The City Manager presented Resolution No. 62-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEW INTERLOCAL AGREEMENT AND THE MULTI-JU- RISDICTIONAL ISSUES COORDINATION FORUM INTERLOCAL AGREEMENT, AND AUTHORIZING THE MAYOR, WITH ATTESTATION BY THE CITY CLERK, OF THE CITY OF DELRAY BEACH, FLORIDA, TO EXECUTE SAME. (Copy of Resolution No. 62-93 is on file in the offi- cial Resolution Book) Mr. Randolph moved for the adoption of Resolution No. 62-93, 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. 1. A~PROVAL OF ACTIONS TO PRQVIDE FOR IMPLEMENTATION OF AGREEMENTS AUTHORIZED BY RESQ~UTION NO. 62-93: Approve payment of membership fees in the amount of $500 and take various other administrative actions in conjunction with the implementation of the interlocal agreements authorized by Resolution No. 62-'93. City Manager recommends approval. The City Manager stated there is one item that he disagrees with, i.e., "Making a determination that formal City Commission action is not required for the filing of an objec- tion''. He feels it is inappropriate for the City Manager to have that authority. He agrees with the position that if the City is filing an objection against an amendment to another government's local plan, that that step should be sanctioned by the City Commission and not undertaken by the City Manager. Dr. Alperin moved to delete the word "not" and to place a period after the word objection, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. The City Manager further advised that with respect to the last item, an alternate is also needed, in addition to the appointment of a City Commission member to serve as a delegate on the Multi-jurisdictional Issues Coordination Forum. Upon question by Dr. Alperin, Mr. Kovacs stated this meeting does not convene until October; however, should this be an active group, this could be a monthly meeting. This position must be held by an elected official and has a potential for being a very important board. -26- 6/22/93 Mr. Kovacs stated it is appropriate to have the rePre- sentative of the Planning and Zoning Board serve in one of the capacities. Mr. Randolph moved to appoint Dr. Alperin as a delegate with Mrs. Smith as an alternate, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Dr. Alperin moved approval of the final three actions as follows; allocation from the City Commission's budget of $500 to pay membership fees for FY 1993/94, which are due prior to October /st; appointment of the City's Planning Director to the Interlocal Plan Amendment Review Committee; and, designating the City Manager as the City Official authorized to file a formal "intent to object", seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.Mo SERVICE AUTHORIZATION NO. 13/HAZEN AND ~AWYER~ Consid- er a service authorization in the amount of $32,832 to the con- tract with Hazen and Sawyer for consulting services to update the City's water and sewer models; model proposed improvements and train City personnel to use modeling software; with funding from Water and Sewer Renewal and Replacement Master Plan Update. City Manager recommends approval. Mr Ellingsworth moved approval of Service Authorization No. 13 with Hazen and Sawyer, seconded by Dr. Alperin. 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. 9~N. CHANGE ORDER NO, 2/DUTCH CONSTRUQT!ON COMPANY, Consider a change order in the amount of $12,407.52 and which also extends the contract completion date by 15 days for the construction of miscellaneous City requested changes on the Veterans Park Redevelopment project, with funding from 1992 Bond Anticipation Note - Redevelopment Veterans Park (Account No. 227-4126-572-61.63). City Manager recommends approval. Upon question by Mayor Lynch, Ralph Hayden, City Engi- neer, responded that staff has worked extremely hard and it seems long delays are being experienced from FP&L, who informs us they will be finished by July 20th. Landscaping is scheduled to start Monday and should take about six days; irrigation is complete, with the exception of setting some sprinkler heads; site furni- ture is onsite and, overall, he feels the City will be finished in three weeks. Dr. Alperin moved approval of Change Order No. 2 in the amount of $12,407.52 to Dutch Construction Company, Inc., a -27- 6/22/93 15-day extension and a severe discussion with FP&L to negotiate some prices, seconded by Mr. Randolph. Upon roll call the Com- mission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.0. REQUEST FOR FINAL PAYMENTS/POST, BUCKLEY, SCHUH AND JERNIGAN; Consider a request from Post, Buckley, Schuh and Jernigan for final payment in the total amount of $23,708.52 for completion of tasks under Service Authorizations 16, 16A, 16B, 17, 17A and 17B in conjunction with the 1/2 Million Gallon Ele- vated Storage and North Tank projects, with funding from Water and Sewer Rehab 1/2 Million Gallon Elevated Tank (Account No. 441-5162-536-61.79 - $2,636.55), Renewal and Replacement - Rehab 1/2 Million Gallon Elevated Tank (Account No. 442-5178-536-61.79 - $2,289.09) and North Tank (Account No. 441-5162-536-60.93 - $18,782.88). City Manager recommends approval. Mr. Ellingsworth moved approval of a request for final payment to Post, Buckley, Schuh and Jernigan in the amount of $23,708.52, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.P. APPOINTMENT TO PARKING MANAGEMENT TEAM; Appoint a member to the Parking Management Team to replace Janet Onneno Dr. Alperin moved to appoint Armand Mouw as a member to the Parking Management Team to replace Janet Onnen, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.Q. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY; Appoint a member to fill the expiring term of Rosetta Rolle. Mr. Randolph moved to appoint Reverend Lenard C. John- son as a member of the Delray Beach Housing Authority to fill the expiring term of Rosetta Rolle, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.R. APPOINTMENT OF MEMBERS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two members to fill the expiring terms of Anne Bright and Michael M. Listick. Mr. Ellingsworth moved to reappoint Michael M. Listick as a member to the Downtown Development Authority, seconded by Dr. Alperin. 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. -28- 6/22/93 Mr. Randolph moved to appoint Thaddeus Cohen as a member to the Downtown Development Authority, seconded by Mr. Ellingsworth. Dr. Alperin expressed reservations and requested an opportunity to meet with Mr. Cohen prior to casting his vote. Mr. Randolph made a substitute motion to postpone this appointment until the Regular Commission Meeting of July 13, 1993, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items: 13.A. Commission 13.A.~.., Mr, Ellingswor~h asked what happens to the aban- doned/junked vehicles after they are removed by action of the City, and if the City realizes any profit from the process. The City Manager advised that most abandoned vehicles are now picked up by a company that purchases them after the required legalities are met. However, the City loses money on the process. He noted the resolution on tonight's agenda assess- ing costs for the removal of abandoned vehicles from various properties. 13.B.2. Mr. RandQlph had no comments. 13~B,3~ M~YOr Lynch asked that an extra waste basket be provid- ed on the dais. Mayor Lynch stated that he has received complaints from residents on Brandt Drive in the Tropic Palms subdivision about changing the name of the street since it was sold as part of the street auction for Old School Square. The person who bought the name has sold his house and moved, and the rest of the residents don't want to change the name. The Mayor asked that the matter be looked into, since complaints have also been received on two or three of the other street names which were included in the auction. The City Manager stated the matter is being researched and he will report back to the Commission. 13,A.4. Dr. Alperin stated that it has come to the attention of the Drug Task Force that funding for drug treatment throughout Palm Beach County is about to be significantly reduced, and it appears that the South County will be disproportionately cut as is often the case. If there is going to be a cut, he feels it should be evenly balanced between North and South County, espe- cially so that when funding comes back in the future, the South -29- 6/22/93 County area will receive a proportionate amount rather than a reduced amount. Dr. Alperin is trying to get additional statis- tical data, but feels it is important for the southern part of the County to impress the need for proportional funding to ad- dress this problem. I$.B, City Attorney. The City Attorney had no comments. 13,C, City Manager. The City Manager stated at the last meeting there was some discussion about the problem of the utility conflicts on West Atlantic Avenue and whether conflict boxes should be built at an additional cost of some $20,000 or just live with turning off the water in the different areas. Starting at the canal, the first section will be from Military Trail to Barwick Road, the second will be from Barwick Road to Dover Road, the third area will be Dover Road to Homewood Boulevard, the fourth will be from Homewood Boulevard to Breezy Ridge and the fifth will be from Breezy Ridge to the E-4 Canal and then to the Sudan Subdivision for area six. Shutting it down would last for up to eight (8) hours at each location. Discussion followed regarding the time of day the water would be shut off. The City Attorney advised the "boil" order will be in effect making the tame involved somewhat longer and have more of an impact on businesses. Mayor Lynch commented that if it could possibly be done during the night, this would be better for everybody. The City Manager, in response to a question about a plaque on the Jack L. Saunders bridge, stated there is a plaque commemorating the dedication in his name on the north wall of the bridge tender's building. The City Manager stated the black olive trees that shed leaves on the tennis court will be trimmed as much as possible without destroying their shape. Mayor Lynch declared the meeting adjourned at 10:40 P.M. ATTE ST: -30- 6/22/93 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of June 22, 1993, which minutes were formally approved and adopted by the City Commission on ~ I~ 1993 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. -31- 6/22/93