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01-14-92 JANUARY 14, 1992 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, January 14, 1992. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend Ralph Nygard, Pastor of Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch requested that Items 8.C., 8.D. and 8.H. on the Consent Agenda be moved to the Regular Agenda as the first three items. Mr. Andrews requested that Items 8.E., 8.F. and 8.G. on the Consent Agenda be moved to the Regular Agenda. Dr. Alperin moved for agenda approval, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Andrews left the Commission Chambers at this time. Dr. Alperin moved for approval of the Regular Meeting minutes of November 26, 1991, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved for approval of the Regular Meeting minutes of December 3, 1991, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Dr. Alperin moved for approval of the Regular Meeting minutes of December 10, 1991, seconded by Mr. Mouw. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations. 6.A. Mayor Lynch read and presented a proclamation proclaiming aU~-f~ary 20, 1992 as "Martin Luther King, Jr. Day". Pam Kovacs and Spencer Pompey came forward to accept the proclamation. Mr. Andrews returned to the Commission Chambers at this time. 6.B. Mayor Lynch read and presented a proclamation proclaiming the month of January, 1992 as "National Volunteer Blood Donor Month". John Flynn came forward to accept the proclamation. 6.C. Mayor Lynch read and presented a proclamation honoring Alfred 'Ri~'ker, who will celebrate his 100th birthday on December 22, 1992. Nadine Hart came forward to accept the proclamation. 7. Presentations. 7.A. Judy McConnell, Director of the Delray program for Habitat for Humanity of Boca/Delray, thanked the Commission and the City for the first lot presently being transferred to them and invited everyone to the organizational meeting to be held in Delray on February 22, 1992, at 7:30 P.M. at .Carver Middle School for the purpose of organizing and getting the community involved in the program. 7.B. Perry DonFrancisco, representing the Kids and Cops program, along with Delray Citizens for Delray Police, recognized those persons comprising the committee and their accomplishments. The primary duty of this committee is to strengthen the relationship between the local youth and the members of the Delray Beach Police Department. The program will emphasize activities for improving the quality of life in the area of education, personal responsibility, building self-esteem and consequenc- es and alternatives to crime and drugs. Currently those events include field trips, counseling, special events and athletic activities. Those events planned for 1992 include the third annual bike auction, the spring bash egg hunt, a polo match at the Boca Raton Polo Club and an overnight camping trip at Quiet Waters Park this summer. He then presented a short video of the program and the sponsors. Mr. DonFrancisco introduced Officer Jeffrey Miller, of the Delray Beach Police Department and Cathy Hazard, from Leadership Cable TV, who were instrumental in conducting the very successful toy drive this year. He then presented a check in the amount of $2,132 to Joe Dragon, Director of the after-school program at the Department of Parks and Recreation, for the purchase of skill building academic toys. He expressed his thanks to all those people involved. Mr. DonFrancisco stated this will be the third annual bike auction for the organization, but they seem to have a meager supply of stolen bikes, so he requested the Commission consider allowing those funds to be made available to pay for the overnight camping trip at Quiet Waters Park this summer and, perhaps, for summers to come. -2- 1/14/92 7.C. Mayor Lynch read and presented a Certificate for Achievement and Excellence in Financial Reporting to the City of Delray Beach. Joe Safford, Director of Finance, came forward to accept the Certificate. 7.D. Mayor Lynch read and presented a Certificate in recognition of the architectural design of Fire Station No. 2 by Robert Currie, Arch- itect. Kerry Koen, Fire Chief came forward to accept the Certificate. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Extension of the Community Policing Agreement. The Commission is to consider extending the agreement with Michael D. Wiatrowski, Ph.D., Florida Atlantic University, until September 1, 1992 in order to complete the Community Policing project. Approval is recommended. 8.B. Authorization to Create a New Position/Police Legal Advisor. The Commission is to consider ratifying the creation of a Police Legal Advisor position. Approval is recommended. 8.C. MOVED TO REGULAR AGENDA 8.D. MOVED TO REGULAR AGENDA 8.E. MOVED TO REGULAR AGENDA 8.F. MOVED TO REGULAR AGENDA 8.G. MOVED TO REGULAR AGENDA 8.H. MOVED TO REGULAR AGENDA 8.I. Change Order No. 2/Post, Buckley, Schuh and Jernigan. The Commission is to consider approval of Change Order No. 2 in the amount of $27,906 for additional inspection services as required by OSHA on the Elevated Storage Tank project. Approval is recommended. 8.J. Authorization to Appropriate Funding. The Commission is to consider approval of a request from the Police Department to appropriate funding in the amount of $71,000 from the Federal Forfeiture Assets Funds (Account No. 115-0000-248-99.00) for the purchase of a Mug Imaging System. Approval is recommended. 8.K. Temporary Tent Permit. The Commission is to consider approval of a request from the Silk Garden Outlet to erect a temporary tent on their property at 2829 South Dixie Highway from January 15, 1992 through January 20, 1992 in order to hold a plant sale. Approval is recommend- ed. 8.L. TemporarY Tent Permit. The Commission is to consider approval of a request from the Church of Christ to erect a temporary tent on their property at the southwest corner of Lake Ida and Roosevelt Road -3- 1/14/92 for their groundbreaking ceremony to be held on January 26, 1992. Approval is recommended. 8.M. Off-Site Parking Option. The Commission is to consider exer- cising the City's option to establish an off-site (ancillary) parking lot at Atlantic Plaza. Approval is recommended. 8.N. Amendment No. 1/CRA Loan Program Agreement. The Commission is to consider approval of an amendment to the agreement between the City, CRA and First Union Bank which increases the loan limits under the CRA Loan Program. Approval is recommended. 8.0. Acceptance of Quit-Claim Deed. The Commission is to consider acceptance of a quit-claim deed from STS Land Company for 25 feet of right-of-way located on N.W. 18th Avenue. Approval is recommended. 8.P. Final Plat Approval. The Commission is to consider approval of a final plat replatting a portion of the Isles of Delray subdivision. Approval is recommended. 8.Q. Waiver of Landscape Requirements/Kraft Industries. The Commis- sion is to consider approval of the waiver of perimeter landscape requirements for Kraft Industries. Approval is recommended. 8.R. Waiver of Landscape.Requirements/Fire Station No. 1. The City Commission is to consider approval of the waiver of landscape require- ments with regard to perimeter trees for Fire Station No. 1. Approval is recommended. 8.S. Resolution No. 1-92. Resolution No. 1-92, assessing the costs of abatement action necessary to remove nuisances on 27 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 1-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. (Copy of Resolution No. 1-92 is on file in the official Resolu- tion Book) -4- 1/14/92 8.T. Resolution No. 2-92. Resolution No. 2-92, assessing the costs for abatement action necessary to demolish an unsafe building located at 1012A Germantown Road, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 2-92 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 RESOLU- TION, 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. 2-92 is on file in the official Resolu- tion Book) 8.U. Resolution No. 3-92. Resolution No. 3-92, assessing the costs for abatement action necessary to demolish an unsafe building located on the lot west of 106 N.W. llth Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 3-92 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 RESOLU- TION, 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. 3-92 is on file in the official Resolu- tion Book) 8.V. Resolution No. 4-92. Resolution No. 4-92, assessing the costs for abatement action necessary to demolish an unsafe building at 615 N.W. 2nd Street, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 4-92 is as follows: -5- 1/14/92 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 RESOLU- TION, 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. 4-92 is on file in the official Resolu- tion Book) 8.W. Resolution No. 5-92. Resolution No. 5-92, assessing the costs for abatement action necessary to demolish an unsafe building at 95 S.W. 5th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 5-92 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 RESOLU- TION, 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. 5-92 is on file in the official Resolution Book) 8.X. Resolution No. 6-92. Resolution No. 6-92, assessing the costs for abatement action necessary to board up an unsafe build- ing at 3401 W. Atlantic Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 6-92 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 -6- 1/14/92 ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 6-92 is on file in the official Resolu- tion Book) 8.Y. Award of Bids and Contracts. 1. Water Treatment Plant Lime Softening Project .- Environmental Services - Elkins Constructors, Inc., in the amount of $3,985,000 with funding from Water Plant Conversion - Buildings (Account No. 447-5164-536-60.31). 2. Rental Rehabilitation - 219-221 S.E. 3rd Avenue - Inter- national Construction Corp. in the amount of $15,000 with funding from Housing Rehabilitation (Account No. 118-1975-554-34.81). Applicants share $15,350. 3. Housing Rehabilitation - various address (listed below - various vendors as indicated - with funding from CDBG Housing Rehab (Account No. 118-1963-554-60.23): 117 S.W. 9th Avenue - Gamzo, Inc. - $10,295.25 334 S.W. 10th Avenue - Henry Haywood - $16,658.25 227 N.W. 5th Avenue - Gamzo, Inc. - $16,836.00 Dr. Alperin moved for approval of the Consent Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 8.C. Service Authorization No. 10A/Post, Buckley, Schuh and Jernigan. The Commission is to consider approval of Service Authoriza- tion No. 10A in the amount of $5,626 for negotiations, coordination, easement descriptions and preparation of an easement agreement between the City and Delray Beach Yacht Club for installation of a 16-inch water main on yacht club property. Approval is recommended. William Greenwood, Director of Environmental Services gave a brief explanation of the engineering services over and above those required in the original Service Authorization No. 10. Upon question by Mayor Lynch, the City Manager stated this could not have been accomplished by staff due to a lack of man hours. The contractor would have been delayed, resulting in additional costs in that area. -7- 1/14/92 The City Attorney stated, it is his understanding, that this was in the minute detail of the agreement the owners of the property wanted. Mr. Mouw moved for acceptance of the approval of Service Authorization No. 10A, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 8.D. Change Order No. 7/Data Flow Systems, Inc. The Commission is to consider approval of Change Order No. 7 in the amount of $78,795 and increasing the contract completion date by 30 days, to the contract with Data Flow Systems, Inc., for the installation of 17 additional Radio Telemetry and Data Logging Systems. Approval is recommended. Mr. Greenwood advised this will complete the telemetry program that was programmed into the five-year capital. A budgeted item was placed in the current budget for some $80,000. Mr. Mouw moved for approval of Change Order No. 7/Data Flow Systems, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews stated he requested the following three items be moved for the purpose of allowing a vote against these but, since they are reducing the contract price, they can be approved with one vote. 8.E. Change Order No. 2/Pavex, Inc. The Commission is to consider approval of Change Order No. 2 which reduces the contract price by $12,202.23 for miscellaneous utility conflicts, field adjustments and as-built quantities for the S.W. 4th Avenue and S.W. 10th Street Inter- section project. Approval is recommended. 8.F. Change Order No. 2/Request for Final Payment/A.O.B. Under- ground, Inc. The Commission is to consider approval of Change Order No. 2 which reduces the contract price by $9,552.25 as a result of as-built quantities for installation of fire hydrants in the Tropic Palm Subdivi- sion and approval of the final payment to A.O.B. Underground, Inc., for completion of this project. Approval is recommended. 8.G. Change Order No. 1/Request for Final Payment/Wenger Excavating, Inc. The Commission is to consider approval of Change Order No. 1 which reduces the contract price by $9,219 as a result of as-built quantities for the Lowson Boulevard Drainage Improvement project and approval of .final payment to Wenger Excavating, Inc., for completion of this project. Approval is recommended. Mr. Andrews moved for approval of Items No. 8.E., 8.F. and 8.G., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. -8- 1/14/92 Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 8.H. Amendment No. 2 to Service Authorization No. 4/CH2M Hill. The Commission is to consider approval of Amendment No. 2 in the amount of $31,176 to the contract with CH2M Hill for additional services required to administer two contracts in conjunction with the former Enclave Improvement project. Approval is recommended. Mr. Greenwood stated it was in the best interest of the City to award two construction contracts, realizing a savings of approximately $28,000. Upon question by Mr. Andrews, Mr. Greenwood stated the extra work included shop drawing review, final pay requests, field visits, coordination of inspection and all other related contract services during the construction phase. Mr. Mouw moved for approval of Amendment No. 2 to Service Authorization No. 4/CH2M Hill, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - No. Said motion FAILED with a 3 to 2 vote. 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period December 10, 1991 through January 10, 1992. Dr. Alperin stated he has one item to appeal, the elimination of landscaping adjacent to the dining deck, in order that the Commission might understand what happened at an Historic Preservation Meeting regarding a Certificate of Appropriateness for Brandy's Waterside Cafe. He requested that this be reviewed at the upcoming Regular Commission Meeting. Mr. Andrews stated he has a problem with the SPRAB approval of the architectural elevations for carport elevation changes at the Executive Suites, and requested the appeal of this item. Dr. Alperin moved for approval, with the exception of the two mentioned appeals, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.B. Appeal of Site Plan Review and Appearance Board Decision. The Commission is to consider an appeal of a Site Plan Review and Appearance Board decision approving the landscape plan and architectural elevations associated with the addition of a 36 square foot walk-in freezer at Dunkin Donuts located on Federal Highway and Tropic Boulevard. -9- 1/14/92 Dr. Alperin stated he has a concern when members of the commu- nity contact him noting conflicts in the interest of the City, i.e.~ a request for a change on a parcel of property comes before the Commission while significant Code violations exist. He questioned if the Commis- sion really should make decisions regarding new approvals when these former conditions continue to exist. Mayor Lynch expressed the hope that the operator of Dunkin Donuts contacts the owner of the property and convinces him to correct the Code violations. Upon question by Mayor Lynch, David Kovacs, Planning Director advised that the owner of the property was not noti- fied that this item would be discussed at this Commission meeting. Dr. Alperin moved to postpone this item, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Mr. Kovacs questioned if the Commission would like to consider giving direction to this item and other policy issues at the February 4th Workshop or at the next Regular Commission meeting. The Commission concurred to place this and other related policy items on the Workshop for February 4th. 9.C. Consideration of Initiation of Action - Lakeview Golf Course. The Commission is to consider initiating action affecting the Land Use Plan designation or zoning designation of the Lakeview Golf Course. The City Manager stated the primary reason for this issue is because the land is shown in one classification on the Future Land Use Map and in a totally different classification on the Zoning Map. Those two must be brought into agreement and among the variations available are obtaining options on the property, acquiring the golf course and turning it into a public course or allowing for the Transfer of Develop- ment Rights. Dr. Alperin stated he does not consider 'the right of refusal' as one of the options, as it does nothing to protect the people in- volved. He stated he was hoping the purchase option would be a serious consideration but, apparently, the price seems to be too costly for financing to pay off the bond on its own. He would like to have more information provided. Upon question by Mayor Lynch regarding the "Development Rights Transfer", the City Manager stated the right to develop those residen- tial units would be transferred to another location within the City. Upon question as to the total number of units that could be developed, Mr. Kovacs responded it is in the range of ninety units. The City Attorney stated he would like to make clear an assump- tion that he has previously tried to clear up; there is no taking of property by virtue of Residential Zoning or Open Space, allowing the golf course to remain as an appropriate use. In order to enter into Transfer of Development Rights, the City would need to get something of -10- 1/14/92 value from the owners in exchange for the development rights. If the City wants to explore the possibility of purchasing the property, then a discussion should be held regarding appropriate value, whether or not there is a market for Transfer of Development Rights and if it is appropriate. If the City is considering acquiring an option on the property, perhaps a Transfer of Development Rights might be appropriate. Upon question, Mr. Kovacs stated a decision should have been made twenty years ago as to whether it would perpetually be a golf course or that it would be a development and all actions following that decision should have been consistent. The City Manager commented that a closer look needs to be made regarding the purchase option if the Commission is serious about that. Mr. Randolph expressed the feeling that he was not in favor of the purchase option. Upon question by Mayor Lynch regarding the release of all necessary information to the City and/or a consultant of the City's choosing, David Schmidt, Attorney for the owners of Lakeview, responded that his clients had an appraisal made for development purposes but there was no appraisal made regarding golf course use, due to the cost involved. He further stated that they would be willing to open the books in order to help the Commission make a determination; however, he would request that they exercise a non-disclosure policy of those documents until such time as the Commission reaches a decision. Upon direction by the Commission, the City Manager stated he will explore the possibility of acquiring the property, the cost in- volved, obtaining an appraisal and critique of the current appraisal made for the owners of the golf course. The City Attorney stated staff will explore the development rights, the appraisal and how this can be funded. Christiane Mende, Lakeview Townhomes, questioned, with regard to developmental rights, if this means compensating the owners for changing the zoning. The City Attorney responded that changing the zoning does not require the City to compensate the owner. An involve- ment in Transfer of Development Rights is an offset of the cash con- sideration in the event of a purchase or an option to purchase. He further advised that the owners of the golf course will not be compen- sated, one way or the other. A resident commented that he shares the frustration of the Commission, but feels that they should admit that the City took the liberty to reclassify this property as 'Open Space' in the Land Use Plan without informing anyone and suggested that this Land Use be changed back to Residential, as it was originally. Mayor Lynch commented that he, personally, feels the City basically initiated the 'Open Space' and that it should return to Residential and proceed from there. He also feels the land will always be more valuable as a golf course as opposed to a development. -11- 1/14/92 The City Manager advised that he will have more information for the Commission at the Regular Meeting on January 21st regarding acquisi- tion and appraisal costs. Eugenie Amalfitano, resident, questioned the status of those persons who relied on the Land Use Plan when they recently purchased property. The City Attorney stated the maps in existence regarding Land Use and Zoning indicate there will be a process that must be followed if something different is going to take place; it does not guarantee that there will never be a change of zoning or land use. Mayor Lynch stated there has been a request from the floor to consider Item No. 9.F. on the Regular Agenda at this time. Mr. Randolph moved that the Commission consider Item No. 9.F. as opposed to proceeding to the Public Hearing portion of the agenda, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval for the expansion of the South County Mental Health Facility located on the southeast corner of Linton Boulevard and Military Trail, just south of the Boca Ray Plaza. Planning and Zoning Board recommends approval (4-2 vote), subject to the following conditions: 1. That a site plan be submitted that conforms with the Land Development Regulations and generally conforms with the sketch plan. 2. That a boundary plat be submitted to accompany the site plan. 3. That preliminary engineering drawings be submitted to accompany the site. Mr. Kovacs stated one of the main concerns was with regard to the people who will be living in the new Phase II project and the constriction of movement on the site. The conditions of approval include fencing on the north and south boundaries with bougainvilla hedging so any movement off the site must occur through the street system or through the drive access systems only. Ben Toole, Billie Linville, Spencer Pompey and Jean Harris spoke in favor of the conditional use request, as approved by the Plan- ning and Zoning Board. David Klarer, Council of Communities, stated he would like to make it clear that they are not opposed to this facility; however, they are requesting the installation of a six-foot chain link fence on the south, north and east end of the property. -12- 1/14/92 Saul Weinberger, President of the Del-Aire Homeowners Associa- tion, stated he feels there is a lack of supervision at this facility and would like some assurance that this will be corrected prior to granting any expansion. Retha Davis, Country Lakes, stated her community is requesting consideration from the Commission with regard to security for their residents. Ann Phyffe, Country Lakes, expressed concern for the safety of patients housed in this facility in relation to their access to the commercial property in the area. Leslie Baker, Country Lakes, stated he can provide details of incidences relating to patients from the Mental Health facility and he feels these patients are not being controlled properly. Mr. Mouw moved for conditional use approval of the expansion of the South County Mental Health Facility as outlined, subject to P&Z conditions and an additional condition that the bougainvilla be planted and attached to a chain-link fence, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:20, the Commission moved to the duly-advertised Public Hearing portion of the agenda. PUBLIC HEARINGS 10.A. Ordinance No. 87-91. Ordinance No. 87-91, amending the Land Development Regulations to provide parking restrictions for trucks in the R-lA (Single Family Residential) zoning district, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Approval is recommended. The City Manager presented Ordinance No. 87-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.13(B), "PERMISSI- BLE PARKING" SUBPARAGRAPH (1), TO PROVIDE FOR THE PLACING OF RESTRICTIONS ON TRUCK PARKING IN R-lA ZONING DISTRICTS; TO PROVIDE FOR PARKING A MAXIMUM OF TWO ONE AND ONE-HALF TON TRUCKS ON LOTS IN R-lA ZONING -13- 1/14/92 DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 87-91 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Cubia Pressie, 515 S.W. 15th Terrace, stated the Code Enforce- ment Department notified him last year that a lien would be placed on his property if he did not move his trailer. There are similar trailers and old trucks that have been parked in his immediate neighborhood for over two years, but no one bothers them. He would like an explanation as to why he has been singled out. Mayor Lynch advised Mr. Pressie that he would have staff look into this situation and make sure everyone is treated equitably. The Public Hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 87-91 on Second and FINAL Reading, seconded by Mr. Andrews, Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 10.B. Ordinance No. 85-91. Ordinance No. 85-91, correcting the zoning designation for the body of water and lift station located on the west side of Swinton Avenue approximately 600 feet north of 22nd Street from R-lA (Single Family Residential) zoning district to CF (Community Facilities) zoning district and correcting the Official Zoning Map, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 85-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR LAND LYING AND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF SWINTON AVENUE, APPROXIMATELY 600 FEET NORTH OF 22ND STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -14- 1/14/92 (Copy of Ordinance No. 85-91 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance 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. 85-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. t0.C. Intent to Sell City-Owned Property. The Commission is to consider accepting an offer to buy City-owned property described as that portion of Dover Road being 80 feet in width, extending 160 feet north of Lowson Boulevard and adjacent to Lot 12, Block 2, Sherwood Park Subdivision. Consideration is recommended. Prior to consideration of passage of this item, a public hearing has been scheduled to be held at this time. The City Attorney stated this parcel was deeded, in fee simple, to the City at the time the Hamlet subdivision was approved. Mr. Malooley, who lives in the Sherwood Park subdivision, has expressed an interest in purchasing this parcel and the extension of Dover Road. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw questioned if Mr. Malooley would be permitted to develop this property. The City Attorney responded that Mr. Malooley owns the adjacent lot on which he has a single family home. If the property should be replatted, it could be converted into a lot of buildable size; however, Mr. Malooley's present intent is the possible expansion of his current residence along with some landscaping. Mr. Mouw stated he feels it would be an asset to the City if Mr. Malooley follows through with his present plan and signs a Unity of Title making that a portion of Lot 12 forever and he would be in favor of this. The City Attorney stated Mr. Malooley is quite willing to sign a Unity of Title and enter into an agreement to maintain certain land- scaping on the property and the right-of-way. Discussion followed. Mr. Mouw moved for acceptance of the offer to sell Parcel E in the amount of $2500, with the condition that it be tied to Lot 12 with a Unity of Title, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - No; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. 11. Comments and Inquiries on Non-Agenda Items for the Public. -15- 1/14/92 ll.A. The City Manager stated a response has been received from Commissioner McCarty regarding street lighting along the south part 9f Military Trail from Atlantic Avenue. The Engineering Department is currently requesting the feasibility estimates from Florida Power & Light. If the arterial appears to be feasible, they will include it in their next street lighting schedule to be developed in March of 1992. ll.B. There were no comments and inquiries from the public. FIRST READINGS 12.A. Ordinance No. 1-92. Ordinance No. 1-92, rezoning the O.C. Taylor Dealership located on S.E. 5th Avenue, between S.E. 6th and 7th Streets from GC (General Commercial) to AC (Automotive Commercial), is before the Commission for consideration on First Reading. Planning and Zoning Board recommends denial. If passed, Public Hearing will be held February llth. The City Manager presented Ordinance No. 1-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 19 THROUGH 27, BLOCK 11, OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordi- nance. Robert Federspiel, representing O.C. Taylor Motors, Inc., stated he would like to correct the documentation from the Planning Department where it was noted that the vote was 7-0 against instead of a vote of 4-2 against, with Ms. Parker and Mr. Krall dissenting. This rezoning is necessary to correct an error that occurred when the City conducted a City-wide rezoning on the adoption of the LDRs. The basic concern is that, in the future, procedurally, in a case where the City is downzoning property, actual notice to each property owner should be considered. Had that happened, he would not be appearing before the Commission tonight. He is requesting that this property be returned to the appropriate zoning it should have received. The position held by staff at the P&Z meeting was that under the LDRs, in order to obtain a rezoning on the basis of an error, it had to be a result of an over- sight. He feels that this is totally in error. The LDRs provide that the Commission has an opportunity to correct any errors that occur. Upon question by Dr. Alperin, Mr. Kovacs stated he feels there was no mistake, as everything south of downtown to 10th was removed from -16- 1/14/92 the SC zoning district, with the exception of the Fronrath Dealerships. Upon submission of letters and arguments presented to the Commission by Mr. Wallace and Mr. Weiner, they then allowed the AC zoning. Discussion followed. Mr. Mouw moved for the adoption of Ordinance No. 1-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed with a 3 to 2 vote. 12.B. Ordinance No. 2-92. Ordinance No. 2-92, amending the Land Development Regulations to delete the provision regulating banners from the AC (Automotive Commercial) zoning district regulations, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held February llth. The City Manager presented Ordinance No. 2-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEAL- ING SUBPARAGRAPH 4.4.10(G) (5) (d) TO ELIMINATE ALL LANGUAGE REGARDING BANNERS IN THE AUTOMOTIVE COMMER- CIAL (AC) DISTRICT; BY RELETTERING SUBPARAGRAPHS 4.4.10(G) (5) (e) AND 4.4.10(G) (5) (f); PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for denial of Ordinance No. 2-92 on First Reading, seconded by Mr. Andrews. Jean Beer, member of the Planning and Zoning Board, stated the proposal was to have allowed banners in the City for all businesses. Upon taking a further look at it, it was learned that the Code violation would make it so costly and unworkable for the Code Enforcement Board that banners should be eliminated completely, as they seem to be nothing but a problem. Lula Butler, Director of Community Improvement, stated this is taking the language out of the AC zoning district. The City Manager stated language will continue to remain in the Sign Code, allowing banners under certain circumstances. Mr. Andrews withdrew his second. -17- 1/14/92 Mr. Randolph seconded the motion made by Mr. Mouw, for denial of Ordinance No. 2-92 on First Reading. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No. Said motion FAILED with a 3 to 2 vote. Dr. Alperin moved for the adoption of Ordinance No. 2-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No. Said motion passed with a 3 to 2 vote. 12.C. Ordinance No. 3-92. Ordinance No. 3-92, correcting the Code of Ordinances to reduce the gallons of water on which the sewer commodity charge is based from 15,000 gallons to 12,000 gallons, is before the Commission for consideration on First Reading. City Manager recommends approval. If passed, Public Hearing will be held February llth. The City Manager presented Ordinance No. 3-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES", SUBSECTION (B) (1), TO CORRECT THE NUMBER OF GALLONS ON WHICH THE COMMODITY CHARGE IS BASED; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 3-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 12.D. Ordinance No. 4-92. Ordinance No. 4-92, amending the Land Development Regulations to provide that the Board of Construction Appeals shall hold at least four regularly scheduled business meetings each year, provided there is business to be considered, is before the Commission for consideration on First Reading. City Manager recommends approval. If passed, Public Hearing will be held February llth. The City Manager presented Ordinance No. 4-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER TWO, "ADMINIS- TRATIVE PROVISIONS", SECTION 2.2.5, "THE BOARD OF CONSTRUCTION APPEALS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY -18- 1/14/92 BEACH, FLORIDA, BY AMENDING SUBSECTION 2.2.5(C))1), TO PROVIDE THAT THE BOARD OF CONSTRUCTION APPEALS SHALL HOLD AT LEAST FOUR REGULARLY SCHEDULED BUSINESS MEETINGS EACH YEAR, PROVIDED THERE IS BUSINESS TO BE CONSIDERED; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 4-92 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12.E. Ordinance No. 5-92. Ordinance No. 5-92, amending the Code of Ordinances by enacting a new subsection to provide that the Clerk of the Court or the Traffic Violation Bureau shall supply the Department of Highway Safety and Motor Vehicles with a listing of persons who have three or more outstanding parking tickets for the purpose of placing administrative stops on the issuance of license plates or revalidation stickers of those persons appearing on the list, is before the Commis- sion for consideration on First Reading. City Manager recommends approval, If passed, Public Hearing will be held February llth. The City Manager presented Ordinance No. 5-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 71, "PARKING REGULATIONS", BY AMENDING SECTION 71.091, "LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS", BY ENACTING A NEW SUBSECTION (F), TO PROVIDE THAT THE CLERK OF THE COURT OR THE TRAFFIC VIOLATION BUREAU SHALL SUPPLY THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES WITH A MAGNETICALLY ENCODED COMPUTER TAPE REEL OR CARTRIDGE THAT IS MACHINE READABLE BY THE INSTALLED COMPUTER SYSTEM AT THE DEPARTMENT, LISTING PERSONS WHO HAVE THREE OR MORE OUTSTANDING PARKING TICKETS FOR THE PURPOSE OF PLACING ADMINISTRATIVE STOPS ON THE ISSUANCE OF LICENSE PLATES OR REVALIDATION STICKERS OF THOSE PERSONS APPEARING ON THE LIST; PROVIDING A GENERAL REPEALER CLAUSE; PRO- VIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 5-92 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; -19- 1/14/92 Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.F. Ordinance No. 6-92. Ordinance No. 6-92, amending Ordinance No. ~-88 which annexed Enclave 59 into the City to include language previously omitted from Ordinance No. 125-88 to provide for extended hours of operation for property located immediately north of the L-32 Canal, and immediately south of Lake Ida Road, between Congress Avenue and the Lake Worth Drainage District Canal #3-1/2. If passed, Public Hearing will be held January 21st. The City Manager presented Ordinance No. 6-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 125-88 TO INCLUDE LANGUAGE PREVIOUSLY OMITTED FROM ORDINANCE NO. 125-88, TO PROVIDE FOR EXTENDED HOURS OF OPERATION FOR PROPERTY LOCATED IMMEDIATELY NORTH OF THE L-32 CANAL, AND IMMEDIATELY SOUTH OF LAKE IDA ROAD, BETWEEN CONGRESS AVENUE AND THE LAKE WORTH DRAINAGE DISTRICT CANAL #3-1/2; PROVIDING FURTHER THAT NOTHING IN THIS ACTION SHALL AFFECT ANY OF THE TERMS, CONDITIONS, OR REQUIREMENTS OF THE ENCLAVE ACT AS TO OTHER REGULA- TIONS AFFECTING USES IN THEIR CONTINUATION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mike Grabo, 919 8th Street, representing Cymbal's, stated their request is not to extend business hours to 5:00 A.M. if the County should go to a 2:00 A.M. closing. They are requesting the guarantee of a 5:00 A.M. license, for a twenty year period, to be honored from the date of the agreement in 1988, which was granted at the time of annexa- tion. Dr. Alperin moved for the adoption of Ordinance No. 6-92, with the amendment that should the County go to a 2:00 A.M. closing, the applicant would honor that closing time, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the Regular Agenda. 9.D. Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval for a major modification to convert an existing gasoline station located on the southeast corner of Military Trail and Atlantic Avenue to a Shell Oil Station/Mini- mart/Carwash facility. Planning and Zoning Board recommends approval, subject to the following conditions: 1. Site development is to occur in general compliance -20- 1/14/92 with the associated sketch plan subject to provision of the cross access improvement with initial redevelop- ment. 2. Plating as a minor subdivision pursuant to Section 2.4.5(K) . 3. Obtaining permits or exception letters from Palm Beach County Traffic, Health Department, FDOT, SFWDD, LWDD, and DER. Martin Perry, Attorney, 400 Austrailian Avenue South, West Palm Beach, representing Shell Oil Company, stated the new proposal is to move the facility back to the south property line, utilizing the full site, opening a line of sight at the intersection and eliminating one ingress/egress point on both Military Trail and Atlantic Avenue. The proposal also reflects very substantial landscaping. Concerns with respect to traffic, both offsite and onsite have been addressed. For the record, he advised that a study was made by their former Traffic Engineer for a period from January 1, 1989 to January 1, 1991, during which time there were 101 accidents reported at this intersection; however, not one of those accidents occurred upon entering or exiting this service station location. Suzanne Danielson, Traffic Engineer, spoke briefly on the traffic issue regarding upcoming improvements at the intersection of Atlantic Avenue and Military Trail. She also discussed traffic flow associated with the car wash and the mini-mart. Ralph Nichols, former owner of the property, endorsed the Shell proposal and hopes the Commission will recognize the historical signi- ficance of this location. John Prescott, lessee of the Shell Station at the intersection of Congress and Atlantic Avenues, stated he is of the opinion that Shell Oil Company does not invest one or two million dollars in a location unless plans are underway to increase, if not double, the activity at this location. Upon question by Dr. Alperin, Mr. Perry advised that the reclamation system will be approximately 75% to 80% efficient. Dr. Alperin expressed concern, since the last mention was 85% to 90%. Mr. Mouw moved for approval of a request for conditional use approval for the Shell Oil station on the southeast corner of Atlantic Avenue and Military Trail, with the condition that the most efficient reclamation system be installed, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - No. Said motion FAILED with a 3 to 2 vote. 9.E. Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval for additions to the Temple Sinai building located west of Congress Avenue on the north side -21- 1/14/92 of Atlantic Avenue, between N.W. 24th Avenue and High Point Boulevard. Planning and Zoning Board recommends approval, subject to the following conditions: a. That right-of-way for a future street be reserved along the western boundary line, with a configuration generally as shown on Exhibit A. b. The provision of a legal document which provides for the purchase of the reserved right-of-way, through agreement between the City and the Temple Sinai based upon certi- fied property appraisals. c. That the expansion be generally consistent with the sketch plan, but with direction to SPRAB that considera- tion be given to the relocation of the trash/dumpster area. Dr. Alperin moved for approval of a request for conditional use modifications for Temple Sinai, as recommended by P&Z, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.G. Pineapple Grove Project - Contractor Issue. The Commission is to consider the options with regard to selecting a contractor to con- struct drainage for the Pineapple Grove Project. The City Attorney stated, upon direction from the Commission to renegotiate with ARZ Builders regarding the positive drainage system and their damages, he and Rob Taylor, Deputy Director of Environmental Services, met with ARZ representatives and agreed on a price of $82,560. It is his recommendation that the Commission award this bid in order that the project may proceed and be completed. Mr. Mouw commented that at the last workshop meeting he had questioned the truck traffic, what was proposed for backup and if the trucks could use the alleys; he was led to believe that staff would research and present those findings to the Commission. Mr. Mouw moved to table this item, seconded by Mr. Lynch. (Mayor Lynch passed the gavel to Vice-Mayor Randolph in order to second the motion). The City Attorney stated, as an alternative, this could be awarded, subject to a response from Greg Luttrell, Traffic Engineer, in order that no further delay is incurred. The City Manager suggested the Commission approve Change Order No. 1 and bring the design back before the Commission at the Regular meeting scheduled for next week. At this time Mr. Lynch withdrew his second. Mr. Mouw withdrew his motion. (Vice-Mayor Randolph returned the gavel to Mr. Lynch). -22- 1/14/92 Mr. Randolph moved for approval of Change Order No. 1, with the understanding that the design factor will be brought back to the Commis- sion next week, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.H. Service Authorization No. 3/PEC Consultants. The Commission is to consider approval of Service Authorization No. 3 to PEC Consultants for design and construction services for an In-Line Booster Master Pump Station at Veteran's Park in the amount of $296,182. Mr. Andrews left the Commission Chambers at this time. Mr. Mouw moved for approval of Service Authorization No. 3/PEC Consultants, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.I. Change Order No. 1/Hazen and Sawyer. The Commission is to consider approval of Change Order No. 1 in the amount of $17,005 and increasing the contract completion date by 45 days, for additional engineering and CAD operator services necessary for the resolution of errors, conflicts and missing data contained on the City's Water Atlas Autocad and Sewer Atlas Autocad drawings files. Mr. Andrews returned to the Commission Chambers at this time. Dr. Alperin moved for approval of Change Order No. 1, seconded by Mr. Mouw. Upon question, the City Manager advised that the transfer of funds should be included as part of the motion. Dr. Alperin amended his motion to include the transfer of funds, Mr. Mouw amended his second. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.J. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.K. Change Order No. i/Altair Maintenance Services, Inc. The Commission is to consider approval of Change Order No. 1 in an amount not to exceed $28,840 for additional services to conduct flow isolation measurements and chloride sampling in lift station basins #1, 8, 17, 18 and 32 in conjunction with the Inflow/Infiltration Program - Repair, Rehabilitation and Replacement of Sanitary Sewers and Manholes. Mr. Randolph left the Commission Chambers at this time. Dr. Alperin moved for approval of Change Order No. 1, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. -23- 1/14/92 Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.L. Appointments to Neighborhoods Task Force. The Commission is to consider the appointment of members to the expanded positions on the Neighborhoods Task Force. Mr. Randolph returned to the Commission Chambers at this time. Mr. Mouw appointed Sandra Almy of Beach Property Owner's Association. Dr. Alperin appointed Gerald DeFoe, Country Manors Association. Mr. Andrews appointed Lorraine Kasper. Mr. Randolph appointed Lillian Feldman, Pines of Delray. Mayor Lynch appointed Richard Eckerle, Woodlake Homeowners Association. Mr. Mouw appointed Daisy Fulton. Dr. Alperin appointed Marianne Cain, Shadywoods Homeowners Association. Mr. Andrews appointed Jane Alexander Speer. Mr. Randolph appointed Rosalind Murray. Mayor Lynch appointed Dorian Trauger. Mr. Mouw appointed David Henninger. The following appointments were made to serve as alternate members: Dr. Alperin appointed Saul Weinberger. Mr. Andrews appointed Ann Fulton. Mr. Randolph appointed Robert Heller, Pines of Delray West Association. 9.M. Tennis Center Lighting. The Commission is to consider voiding the bid awarded to Ledbetter Electric for the Tennis Center Lighting project and awarding the bid to American Lighting Maintenance in the amount of $67,679 with funding from 1987 Utility Tax/Tennis Center Capital Outlay-Improvements Other (Account No. 333-4145-572-60.69). Mayor Lynch passed the gavel to Vice-Mayor Randolph and an- nounced that he would be abstaining. -24- 1/14/92 The City Attorney stated there were four bidders for this project, with the only bidder fully complying with all bid requirements being the highest. The bid submitted by Ledbetter Electric did not comply due to information the City requested that each bidder supply, who, in turn, would obtain this information from the manufacturer. Ledbetter's manufacturer was GE, who felt the information being re- quested was proprietary and refused to release it. The Commission then decided to waive that deficiency and award the contract to Ledbetter Electric. Due to the receipt of a bid protest from Power Associates, Inc., the Commission did not grant the waiver. The City Attorney stated the options available to the Commis- sion are: 1) to award the Contract to the high bidder in the amount of $67,000, because they were the only bidder that fully complied with the requirements; 2) the waiver that has been granted to Ledbetter Electric could be expanded to waive the bond and award the contract to them; 3) the Commission could request information from the low bidder as to whether they were actually speaking about one of the approved manufac- turers, and, who is in the same situation as the second low bidder; or, 4) it can be rebid. Mr. Mouw moved to award the contract to Ledbetter Electric on the basis that 1) they agree that their product meets the design perfor- mance specifications as laid out, and, 2) that they forego progress payments on this project and accept a one lump sum payment at comple- tion, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Vice-Mayor Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Dr. Alperin stated there is a meeting of the South County Council of Governments scheduled for 4:00 P.M. on March 4, 1992, in the Commission Chambers, and speakers on the issues to be voted on the following week will be discussed by invited County Commissioners McCarty and Phillips. 13.A.2. Dr. Alperin requested that staff investigate the possibility of current code violations and tax liens on property owned by those appli- cants requesting appointments to Boards and/or appointments made by the City Commission. 13.A.3. Mr. Randolph commented that there is a SCRWTD Board meeting scheduled in the Chambers for tomorrow evening at 7:00 P.M. 13.A.4. Mayor Lynch announced that today he filed as a candidate for the position of Mayor for the next term. 13.B. There were no comments and inquiries from the City Attorney. 13.C. The City Manager stated it appears that market conditions are favorable to move ahead with the Refunding Bond Issues. Pricing is scheduled to take place next Tuesday and Wednesday; should that be successful, the City will request a Special Meeting to be held on -25- 1/14/92 January 23rd to pass the Award Resolution and sign the Bond Purchase Contract. Mr. Greenwood introduced Richard Corwin, the candidate select- ed for Deputy Director of Public Works. Mayor Lynch declared the meeting adjourned at 10:40 P.M. J City,Clerk ! ATTE S T: 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 Tuesday, January 14, 1992, which minutes were formally approved and adopted by the City Commission on~.~j 1/ /~.~ · ! , - ~ City.~Clerk ' NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. -26- 1/14/92