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01-21-92 JANUARY 21, 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 6:10 P.M., Tuesday, January 21, 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 Commissioner Randolph. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager noted two (2) Addendum Items have been added to the Agenda, one to the Consent Agenda and one to the Regular Agenda. The City Attorney requested Item No. 8.F., Service Authorization No. 2.A., be removed from the Consent Agenda in order to discuss a potential change. Item No. 8.F. will be placed between 9.L. and 9.M. on the Regular Agenda. Mr. Andrews moved approval of the agenda as amended, seconded by Dr. Alperin. 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. Approval of Regular Meeting Minutes. None. 6. Proclamations. None. 7. Presentations. A. Chief Overman - Police Department Mission Statement. Chief Overman read and presented to the Mayor and Commission a Mission Statement for the Police Department, incorporating core values as developed by Police Department personnel. CONSENT AGENDA 2. That the abandonment for existing easements be executed at the same time the final plat is approved by the City Commission. 8.L. Resolution No. 15-92. Resolution No. 15-92, abandoning utili- ty, access and drainage easements for Palm Cove (a.k.a. Delray Bay Apartments) is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 15-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL EXISTING ACCESS, UTILITY, DRAINAGE, LIMITED ACCESS AND WATER EASEMENTS LOCATED WITHIN PARCELS "B" AND "C" PLAT OF DELRAY BAY, AS RECORDED IN PLAT BOOK 65, PAGES 127 AND 128 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, EXCEPT CERTAIN EASEMENTS BEING MORE PARTICULARLY DE- SCRIBED HEREIN. (Copy of Resolution No. 15-92 is on file in the official Resolution Book) 8.M. Resolution No. 14-92. Resolution No. 14-92, abandoning utility easements for Lots 1 through 23, Seger's Addition to Delray Beach, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 14-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING CERTAIN UTILITY EASEMENTS, PLATTED BUILDING LINE AND PLATTED RADII LYING WITHIN BLOCK 1, SEGER'S ADDITION TO DELRAY BEACH, FLORIDA AS RECORDED IN PLAT BOOK 13, PAGE 16 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 14-92 is on file in the official Resolution Book) 8.N. Resolution No. 8-92. Resolution No. 8-92, assessing the costs for abatement action necessary to board up an unsafe structure and repair the safety barrier around the pool at 20 S.E. Dolphin Drive, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 8-92 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 -3- 1/21/92 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. 8-92 is on file in the official Resolu- tion Book) 8.0. Resolution No. 9-92. Resolution No. 9-92, assessing the costs for abatement action necessary to demolish an unsafe structure at 1010 N.E. 8th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 9-92 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. 9-92 is on file in the official Resolu- tion Book) 8.P. Resolution No. 10-92. Resolution No. 10-92, assessing the costs for abatement action necessary to board up an unsafe structure at 227 S.W. 2nd Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 10-92 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. 10-92 is on file in the official Resolution Book) -4- 1/21/92 8.Q. Resolution No. 11-92. Resolution No. 11-92, assessing the costs for abatement action necessary to demolish an unsafe structure at 64 N.E. 2nd Avenue, is before the Commission for consideration. Approv- al is recommended. The caption of Resolution No. 11-92 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. 11-92 is on file in the official Resolution Book) 8.R. Resolution No. 12-92. Resolution No. 12-92, assessing the costs for abatement action necessary to demolish an unsafe structure at 57 S.W. 5th Avenue, is before the Commission for consideration. Approv- al is recommended. The caption of Resolution No. 12-92 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. 12-92 is on file in the official Resolution Book) 8.S. Resolution No. 13-92. Resolution No. 13-92, assessing the costs for abatement action necessary to remove nuisances on 25 proper- ties located within the City, is before the Commission for considera- tion. Approval is recommended. The caption of Resolution No. 13-92 is as follows: -5- 1/21/92 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 LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. (Copy of Resolution No. 13-92 is on file in the official Resolution Book) 8.T. Award of Bids and Contracts. Approval is recommended. 1. Turnout Gear - Fire Department - Municipal Equipment Company (via Orange County Bid) in the amount of $11,143.75 with funding from Fire Department Uniform/Linen Services (Account No. 001-2315-526-33.48). 2. Meter boxes, covers and lids - Environmental Services - Brooks Products, Inc. (Palm Beach County Bid) in the amount of $24,400 with funding from Water and Sewer Installation of Service Connections (Account No. 441-5161-536-60.58). 3. Police Pursuit Vehicles (10) - Police Department - Duval Ford (via State contract) in the amount of $124,590 with funding from City Garage - Automotive (Account No. 501-3312-591-60.84). 4. Rechargeable Flashlight System - Police Department - Lawmen's and Shooters Supply, Inc. in the amount of $15,621.80 with funding from Law Enforcement Trust Fund - Operating (Account No. 112-2172-521-35.15). Dr. Alperin moved approval of the Consent Agenda, as amended, 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. REGULAR AGENDA 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 January 11, 1992 through January 17, 1992. 6 1/21/92 Dr. Alperin stated he would like staff to keep the Commission informed on the mulch surfacing for the Sundy House. Dr. Alperin moved to receive and file this report, 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.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. Post- poned from the January 14, 1992 City Commission Meeting. Alan Margolis, owner of the shopping center, stated he will be addressing the Code Enforcement Board next week; and, with the exception of some changes in the handicapped parking and required posts, every- thing has been complied with. Mr. Margolis stated everything that has to be done will be complied with. Mr. Mouw moved approval of the outside freezer/cooler, for Dunkin Donuts, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.C. 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 to approve the architectural elevations (carport changes) at the Historic Executive Suites of Delray. Frank McKinney, applicant, stated certain decisions were reached in a method that may not have been appropriate, and feels that at the workshop meeting of February 4, 1992, it would be beneficial to discuss purposes of determining how much and what kind of "help" is provided from the Board and also to review the signage as it relates to the current codes. Mark Marsh, SPRAB Chairman, explained the decisions regarding the trellis and how the SPRAB Board reached their decision. Mr. Mouw moved approval of the carport as designed and built, seconded by Mr. Randolph. 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. Mr. Randolph commended Mr. McKinney for his efforts in bringing the Historic Suites to fruition. 9.D. Appeal of Historic Preservation Board Decision. The Commission is to consider an appeal of an Historic Preservation board decision to -7- 1/21/92 grant a Certificate of Appropriateness to allow the elimination of landscaping adjacent to the dining deck at Brandy's Waterside Cafe. Dr. Alperin stated the Historic Preservation Board told the developer the design would not be approved and correction was recommend- ed. The architect returned with the owner of Brandy's, appealed, and had it voted on again. On a 4 -2 vote it was then approved for the errors not to be corrected. He feels City Codes and building regula- tions are repeatedly ignored. Digby Bridges, 124 N.E. 5th Avenue, stated if the City wishes to revers'e their decision regarding the landscaping, there will be full cooperation by the architect and the owner. Mayor Lynch passed the gavel to Vice-Mayor Randolph. Mr. Mouw moved to approve the Historic Preservation Board's decision, seconded by Mr. Lynch. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - No; Mr. Lynch - Yes. Said motion FAILED with a 3 to 2 vote. Dr. Alperin moved to require improvements/landscaping in accordance with the original plan, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - No. Said motion passed with a 3 to 2 vote. 9.E. Request For Extension of Site Plan Approval. The Commission is to consider a request for extension of site plan approval for the Holiday Inn Expansion. Planning Director recommends denial. David Kovacs, Planning and Zoning Director, explained the chronology, reasons for recommending denial, and how the procedure for obtaining a site plan should be followed. Alan Ciklin, attorney, stated the seeking of a twenty-four (24) month extension has been applied for correctly and it is within the City's jurisdiction to grant it. He further stated, Ocean Properties will, in writing, agree to hold the City harmless and indemnify them from any lawsuits as a result of this extension request. Mr. Mouw moved approval of the extension for the site plan for Ocean Properties for twenty-four (24) months from the date of expiration of the site plan, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed with a 4 to 1 vote. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. -8- 1/21/92 10.A. Ordinance No. 6-92. Ordinance No. 6-92~ amending Ordinance 125-88 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, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion 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. 6-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 125-88 TO INCLUDE LANGUAGE PREVIOUSLY OMITTED FROM ORDINANCE 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. 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. 6-92, on Second and FINAL Reading, 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager had no comments or inquiries on non-agenda items. ll.B.1. Rosalind Murray, Village Drive, Delray Beach, questioned how many City Boards do not have Delray Beach residency requirements; she feels all Boards should represent the City's constituents. ll.B.~2. Muriel McClain, 407 S.E. 7th Avenue, Delray stated she is trying to get a permit for a seawall and discussed the problems she is having in this regard. The City Manager stated he has asked the City Attorney to adopt an ordinance permitting the City to opt out and take over the wetlands permitting. -9- 1/21/92 The City Attorney said this ordinance should be back sometime in February. FIRST READINGS 12.A. Ordinance No. 7-92. Ordinance No. 7-92, adopting Emergency Management Procedures, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 11, 1992. The City Manager presented Ordinance No. 7-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "CIVIL DEFENSE AND EMERGENCIES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 95, "CIVIL DEFENSE AND EMERGENCIES", AND BY ENACTING A NEW CHAPTER 95, "EMERGENCY MANAGEMENT"; TO PROVIDE A FRAMEWORK FOR DECLARATION OF EMERGENCIES, PROVIDING FOR DEFINITIONS APPLICABILITY OF PROVISIONS; EMERGENCY MANAGEMENT STRUCTURE; POWERS, DUTIES AND RESPONSIBILITIES; DECLARATION OF STATE OF EMERGENCY; TERMINATION OF A STATE OF EMERGENCY; POLICE EMERGEN- CIES; FIRE AND HAZARDOUS MATERIALS EMERGENCIES; UTILITY EMERGENCIES; WEATHER EMERGENCIES; SUSPENSION OF LOCAL BUILDING REGULATIONS; CERTIFICATION OF EMERGENCY CONDITIONS; AND PENALTIES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING 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. 7-92 on First Reading, seconded by Mr. Randolph. 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. At this time the Commission returned to the Regular Agenda. 9.F. Consideration of Proposals to Determine Feasibility of Purchas- .~n~ Lakeview Golf Course. The Commission is to consider the proposals for an appraisal and business study to determine the feasibility of purchasing the Lakeview Golf Course. The City Attorney stated that it would cost an estimated $10,000.00, or less, to conduct a study, including an appraisal, to make a determination as to the feasibility of the City purchasing the Lakeview Golf Course and if it would be a realistic option. After discussion, it was the unanimous consensus of the Commis- sion that they would not be in favor of spending $10,000 for an apprais- al. Mayor Lynch then asked for a consensus as to the issue of zoning, -10- 1/21/92 with the majority of the Commission in accord with residential zoning (Mr. Randolph, Mayor Lynch and Mr. Mouw for residential; Mr. Andrews and Dr. Alperin for open space). At this point, it was the further majority consensus not to spend $5,000 in order to conduct an appraisal of the land. Brahm Dubin, Delray Beach Municipal Golf Course Manager, discussed the possibility of incorporating a business plan to combine both golf courses (Lakeview and Delray Municipal) as a future con- sideration. Mr. Mouw moved approval of $5,000 in order to do an appraisal of Lakeview Golf Course (as both a golf course and as residential land), to be funded from golf course profits, but reimbursed back in for bonus purposes for Mr. Dubin, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - No. Said motion passed with a 3 to 2 vote. 9.G. Pineapple Grove Way/Landscape Node Design. The Commission is to consider the impact on traffic with regard to the design of the Pineapple Grove Way Beautification project. At this time Mayor Lynch left the Commission Chambers. The City Manager stated that Greg Luttrell, City Traffic Engineer, reviewed the existing plans and his report made a number of excellent recommendations. Staff met with the Project Engineer from Williams, Hatfield and Stoner and they have agreed to all of the items suggested by Mr. Luttrell, with the following comment: (1) Narrowing 2nd Avenue to twenty-four (24) feet would require a relocation of the existing drainage catch basin; the alternate recommendation is to stripe out the area at N.E. 2nd Avenue and 3rd Street. The City Manager stated the curb radii at N.E. 2nd Avenue/N.E. 3rd Street increased only to twenty (20) feet because of an existing utility pole. On question from Mr. Mouw, Mr. Luttrell stated this would be acceptable. Commission consensus to accept staff's report and to proceed as outlined therein. 9.H. Change Order No. 1/Metra Industries, Inc. The Commission is to consider approval of Change Order No. 1 in the amount of $29,143 to install an eight (8) inch water main on N. Swinton Avenue to inter- connect with the City of Boynton water system (Pineridge/Church of the Palms Water Main Extension). City Manager recommends approval. Mr. Mouw moved approval of Change Order No. 1 in the amount of $29,143 (with $5,189 to be reimbursed by the Assembly of God Church), seconded by Dr. Alperin. Upon roll call the Commission voted as -11- 1/21/92 follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Vice Mayor Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.I. Resolution No. 7-92. Resolution No. 7-92, calling for March 10, 1992 Special Election regarding Charter questions (in conjunction with First Nonpartisan), is before the Commission for consideration. City Manager recommends approval. The City Manager presented Resolution No. 7-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAUSE TO BE PLACED ON THE MARCH 10, 1992, DELRAY BEACH MUNICIPAL ELECTION BALLOT THREE (3) QUES- TIONS RELATING TO AMENDMENTS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA; ESTABLISHING THE BALLOT LANGUAGE TO STATE THE QUESTIONS; PROVIDING PROCEDURES PERTAINING TO THE VOTE ON THE QUESTIONS; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 7-92 is on file in the official Resolu- tion Book) Assistant City Attorney Susan Ruby read the caption of the resolution. Mr. Mouw moved for the adoption of Resolution No. 7-92, second- ed by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Vice-Mayor Randolph - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed with a 3 to 1 vote. 9.J. Resolution No. 16-92/Turning Restriction Palm Square and Atlantic Avenue. Resolution No. 16-92, requesting that the Florida Department of Transportation remove the turning restriction and modify pavement marking at Palm Square and Atlantic Avenue, is before the Commission for consideration. City Manager recommends approval. The City Manager presented Resolution No. 16-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO APPROVE CITY RECOMMENDATIONS TO REMOVE THE LEFT TURN RESTRICTIONS AND MODIFY THE PAVEMENT MARKINGS AT THE INTERSECTION OF PALM SQUARE AND EAST ATLANTIC AVENUE (SR 806). The City Manager stated staff, in working with FDOT, received approval to remove the left turn restrictions for one (1) year at which time it will be reevaluated. In reply to the City Manager, Greg Luttrell, Traffic Engineer, advised that in view of FDOT's Action, Resolution No. 16-92 is not necessary at this time. -12- 1/21/92 9.K. Appointment of Two Members to The Education Board. The Commis- sion is to consider the appointment of two members to the Education Board to fill the unexpired terms of Carolyn L. Young and Donald Allgrove. Seats 3 and 4 appointments. Mr. Andrews moved for the appointment of Kathy Anderson to the Education Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Vice-Mayor Randolph - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. Vice-Mayor Randolph recommended the appointment of John M. Jackson to the Education Board. Mr. Mouw moved for an the appointment of John M. Jackson to the Education Board, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Vice-Mayor Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.L. Service Authorization No. 3/Veteran's Park. The Commission is to consider the approval of Service Authorization No. 3 under the contract with Currie Schneider and Associates, P.A. for architectural design services, preparation of construction documents, and bidding and construction administration services for the relocation of the shuffle- board courts at Veteran's Park in an amount not to exceed $14,352.42, plus an additional $1,240 for reimbursables. City Manager recommends approval. Mayor Lynch returned to the Commission Chambers. The City Attorney stated the completion date has a provision stating "estimated to be completed within ninety (90) days"; he would prefer to see one-hundred (100) days as opposed to controversy over what the estimate meant. Mr. Mouw moved approval of Service Authorization No. 3/ Veter- an's Park, to include a firm completion date of ninety (90) days, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. A review of the preliminary plan for Veteran's Park will be discussed at the workshop of February 4, 1992. $.F. Service Authorization No. 2A/Fire Station No. 1. The Commis- sion is to consider approval of Service Authorization No. 2A to the contract with Currie Schneider for permitting services associated with the Fire Station No. 1 under Phase III of the General Agreement in the amount of $7,150 plus reimbursables not to exceed $450. The City Attorney requested an amendment to the completion date to require the submission of permit applications to the various agencies within 21 days from receipt of notice to proceed. -13- 1/21/92 Mr. Randolph moved approval of Service Authorization No. 2A/ Fire Station No. 1, with the amendment to 21 days from notice to proceed for submittal to all agencies, seconded by Dr. Alperin. 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.M. Service Authorization No. 4/Veteran's Park. The Commission is to consider approval of Service Authorization No. 4 under the contract with Currie Schneider and Associates, P.A. for architectural design services, preparation of construction documents, and bidding and con- struction administration services for the construction of lawn bowling courts, a Gazebo, sun shelters, a children's play area, walkway system, lighting plan, fence, landscaping, and drainage plans for Veteran's Park in an amount not to exceed $65,229.96, plus an additional $2,685 for reimbursables. City Manager recommends approval. A meeting held with all the Veteran's groups brought a consen- sus that the monuments would be kept where they are with some cosmetic changes made. Dr. Alperin moved approval of Service Authorization No. 4, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.N. Resolution No. 19-92. Resolution No. 19-92, requesting that the Department of Community Affairs finds the Countywide Future Land Use Element to be "not in compliance", is before the Commission for consid- eration. The City Manager presented Resolution No. 19-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE DEPARTMENT OF COMMUNITY AFFAIRS TO FIND THE COUNTYWIDE FUTURE LAND USE ELEMENT (CFLUE) TO BE "NOT IN COMPLIANCE". (Copy of Resolution No. 19-92 is on file in the official Resolution Book) The City Attorney read the caption of Resolution No. 19-92. David Kovacs gave a complete overview of this issue and what agencies he feels should be involved in this issue. Mr. Andrews moved approval of Resolution No. 19-92, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 5 to 0 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. -14- 1/21/92 13.A.1. Dr. Alperin questioned the status of the parking authority. In reply, David Kovacs stated the CRA's first priority is to get its plan done, and, until the draft of the parking policy and pro- posal come forward, the Parking Committee will not be meeting. 13.A.2. Mr. Andrews stated he would like to move the signage issue to the first available workshop; and also at the first available workshop would like to have a discussion regarding tourism, hotels and where the City is going in this regard. 13.A.3. Mr. Randolph had no comments or inquiries at this time. 13.A.4. Mayor Lynch stated he had read in the CRA minutes the expressed opinion that Code Enforcement was being over zealous in its efforts. 13.A.5. Mayor Lynch stated he recommended writing letters to the County Commissioners about parking problems on N. Dixie Highway. 13.A.6. Mr. Mouw had no comments or inquiries at this time. 13.B.1. Assistant City Attorney Susan Ruby stated she would like Commission direction with regard to filing a counterclaim for breach of contract with Kurt Kettlehut. It was the unanimous decision of the Commission to file the counterclaim. 13.B.2. The City Attorney stated he received a request from Michael Botos who represents Mr. Morse, the owner of the Mazda Dealership on N. Federal Highway, to release a fifty-thousand ($50,000) dollar escrow fund for the removal of the storm drainage line. The Commission con- curred. 13.B.3. The City Attorney stated t~t a property located northeast of ~-~ ~{y Attorney's office has been~andscaped beautifully by the owners and suggested there should be some/sort of award mechanism for homeown- ers who do keep their property nicely landscaped. A suggestion would be to do a proclamation for this particular property. 13.C.1. The City Manager stated he would like to set a tentative meeting for noon, ~ 3, 1992 for the bond closing. Mayor Lynch declared the meeting adjourned at 8:50 P.M. ATTE~ -15- 1/21/92 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of January 21, 1991, whiqh minutes were formally approved and adopted by the City Commission on ~l,~x~ ~ /~g~ - J - di~£~ 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. -16- 1/21/92