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02-25-92 FEBRUARY 25, 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, February 25, 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 Andrew Hall (retired) of The First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager noted the Addendum to include Items 9.E, F and G on the Regular Agenda. Mr. Mouw requested Item No. 8.A. be moved from the Consent Agenda to the Regular Agenda as Item No. 9.A.A. Mr. Andrews requested Item No. 8.H be moved from the Consent Agenda to the Regular Agenda as Item No. 9.A.A.A. Mr. Mouw moved approval of the agenda as modified, 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. Randolph moved approval of the Regular Meeting minutes of February 11, 1992, seconded by Mr. Mouw. 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. 6. Proclamations. Mr. Mouw read and presented a proclamation proclaiming March 1992 as "Living Well Month". Ann Nelson, Recreation Supervisor, accepted the proclamation on behalf of the Parks and Recreation Department. 7. Presentations. None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Please see the Regular Agenda, Item No. 9.A.A. 8oB. E911 Emergency Telephone System Interlocal Agreement. The commission is to consider approval of an interlocal agreement with the County for enhancement and maintenance of the 911 Emergency Telephone Number system. Approval is recommended. 8.C. Authorization to Submit Grant Application. The Commission is to consider authorizing staff to submit a grant application to the Children's Services Council for funding in the amount of $170,651 for fiscal year 1992/93. Approval is recommended. 8.D. Authorization to Submit Grant Application. The Commission is to consider authorizing staff to submit a grant application to the Florida Department of Agriculture and Consumer Services for the Small Business Tree Planting Program. This is a 50/50 matching grant program. Approval is recommended. 8.E. Service Authorization No. 2/Digby Bridges Marsh and Associates. The Commission is to consider approving Service Authorization No. 2, in the lump sum amount of $32,400, to the contract with Digby Bridges Marsh and Associates for architectural services in conjunction with improve- ments at Currie Commons Park. This is a Decade of Excellence Bond project. Approval is recommended. 8.F. Service Authorization No. 2/Digby Bridges Marsh and Associates. The Commission is to consider approval of Service Authorization No. 2, in the lump sum amount of $57,600, to the contract with Digby Bridges Marsh and Associates for architectural services in conjunction with improvements at Miller Park. This is a Decade of Excellence Bond project. Approval is recommended. 8.G. Change Order No. 1/Man Con, Inc. The Commission is to consider approval of Change Order No. 1 to the contract with Man Con, Inc. in the amount of $24,800 for the relocation of pavement on S.W. 7th Avenue (south of S.W. 10th Street) to the middle of the right-of-way. This is a Decade of Excellence Bond project. Approval is recommended. 8.H. Please see the Regular Agenda, Item No. 9.A.A.A. 8.I. Request to Hold Special Event. The Commission is to consider approval of a request from Atlantic Plaza to erect temporary canopies and to use the City's parking lot at Veteran's Park on March 14 and 15, 1992 in conjunction with the Delray Beach Craft Festival. Approval is recommended. 8.J. Resolution No. 23-92. Resolution No. 23-92, assessing the cost for abatement action necessary to dismantle a tower crane located at -2- 2/25/92 4501 W. Atlantic Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 23-92 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. 23-92 is on file in the official Resolution Book) 8.K. Resolution No. 24-92. Resolution No. 24-92, assessing the cost for abatement action necessary to demolish an unsafe structure located at 610 N.W. 2nd Street, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 24-92 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. 24-92 is on file in the official Resolution Book) 8.L. Resolution No. 25-92. Resolution No. 25-92, assessing the cost for abatement action necessary to remove nuisances on 23 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 25-92 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 -3- 2/25/92 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 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. 25-92 is on file in the official Resolution Book) 8.M. Award of Bids And Contracts. 1. Cars and Trucks - Various Vendors as indicated below (State Contract) - in the amount of $345,730.91 with funding from Garage Automotive (Account No. 501-3312-591-60.84): - Seven (7) Ford Taurus - Duval Ford - $74,998 - Two (2) Chevy Luminas - Ed Morse Chevrolet - $21,199.22 - Two (2) Harley Davidsons - Harley Davidson - $14,402 - One (1) Ram Charger - Regency Dodge - $16,455 - Two (2) Ford Crown Victorias - Duval Ford - $24,844 - Six (6) Ford Tempo - Don Reid Ford - $49,890 - Seven (7) 3/4 Ton Pickups - Duval Ford - $94,986 - One (1) Astro Mini Van - Fred Davis Chevrolet - $11,340 - One (1) 1/2 Ton Pickup - Ed Morse Chevrolet - $8,240.69 - Two (2) 1 Ton Vans - Gaylon Black Ford - $29,376 2. N.W. Drainage Outfall Project - N.W. 2nd Street, N.W. 13th Avenue and Lincoln Lane from N.W. 3rd Avenue to Depot Road - Molloy Brothers, Inc. in the amount of $778,075 with funding from Decade of Excellence Bond Issue N.W. Drainage (Account No. 225-3161-541-61.39), 1991 Water and Sewer Revenue Bond Water Distribution (Account No. 447-5174-536-61.78), and Water and Sewer Renewal and Replacement Water Distribution (Account No. 442-5178-536-61.78). Mr. Andrews moved approval of the Consent Agenda, as modified, 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. REGULAR AGENDA 9.A.A. (Item No.8.A.) Revised Agreement Between The City and Palm Beach County School Board/Elementary School "S". The Commission is to consider approving a revision to the agreement with the School Board for development of Elementary School "S" to be located south of Linton Boulevard and east of Military Trail which caps the School Board's cost -4- 2/25/92 for the construction of water, sewer and roadway improvements at an amount not to exceed $150,000. In reply to Mr. Mouw, the City Attorney advised that there is a provision in the agreement (paragraph no. 15) that indicates that the City may terminate the agreement upon one hundred eighty (180) days notice if the School Board should have a problem with the construction of their target 94/95 school year opening. He stated the timing should be monitored by the Engineering and Planning staff. Mr. Mouw moved for approval of the revised agreement, with the stipulation that a clarification letter be attached, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. 9.A.A.A. (Item No. 8.H.) Request For Temporary Tent Permit/Junior League. The Commission is to consider approval of a request from the Junior League of Boca Raton to erect a temporary tent at Old School Square from March 2, 1992 through March 8, 1992. Mr. Andrews stated he feels this site is unacceptable for this activity. Dr. Alperin moved approval of the temporary tent permit, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 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 February 10, 1992 through February 21, 1992. Dr. Alperin moved to receive and file the report, excluding The Groves of Delray, 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. The issue of The Groves will be brought back to the Commission for review at the Regular Meeting of March 11, 1992 9.B. Request For Direction/Swaim Road Agreement. The Commission is to consider providing direction with regard to a request from Mr. Swaim that the City enter into an agreement which provides that the City will reimburse him, up to $500,000, in order to provide for the improvement of Palm Trail north of George Bush Boulevard and George Bush Boulevard east of U.S. 1 to the Intracoastal Waterway. The City Manager questioned whether the Commission would like staff to pursue the development of the agreement. -5- 2/25/92 Mr. Mouw suggested that the CRA, the City and Mr. Swaim, enter into an agreement, in some form, in order to get this issue accom- plished. David Kovacs, Director of Planning and Zoning, gave a brief overview of the policy issues which need to be evaluated and also gave consideration to amendment of the Comprehensive Plan. After discussion, it was the consensus of the Commission that the 5-year Schedule of Capital Improvements be amended to address the project and, further, that it be included in Comprehensive Plan Amend- ment 92-1, provided all necessary information is timely provided by Mr. Swaim. If not, it should go to Comprehensive Plan Amendment 92-2. The Commission will support the agreement, but it has to be done cleanly and properly. PUBLIC HEARINGS At this point, the time being 7:05 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Determination of Substantial Deviation. The Commission is to determine whether the addition of Builder's Square to the Delint/Waterford DRI constitutes a substantial deviation from the approved Development of Regional Impact (DRI). Prior to consideration on this determination, a public hearing has been scheduled to be held at this time. 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. David Kovacs stated Mr. Ciklin, at the February 24, 1992 Planning and Zoning meeting, made a motion for a continuation which was granted with the understanding that there be no further activity on the accompanying petitions until the substantial deviation is resolved. This item will be reviewed by Planning and Zoning. Alan Ciklin, attorney for the developer, stated the request for the delay is because of unresolved issues with the Regional Planning Council and the Department of Community Affairs. Donna Foster, Department of Community Affairs, stated there are two (2) outstanding concerns and she feels it is appropriate that the continuation take effect. Sally Black, Treasure Coast Regional Planning Council, stated she is appearing to preserve TCRPC'S jurisdiction over this process. Helen Coopersmith, resident, stated there needs to be a broad- ening of the tax base in the City and feels the postponement should go through so more though% can be given to it. The public hearing was closed. -6- 2/25/92 Mr. Mouw moved for a continuation of this matter until March 24, 1992, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr,. Mouw - Yes. Said motion passed with a 3 to 2 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager stated the traffic count on Homewood Boulevard will be completed within the next four (4) to six (6) weeks. ll.A.2. The City Manager stated there was a request for plans presented to the Commission to be displayed to the public; various alternatives are being looked into for this purpose. ll.A.3. The City Manager stated there was an objection raised to outside storage of trucks with signage, especially those of Holsum Bakery. He said Holsum Bakery is not in violation of any City codes; however, the Task Team is reviewing this activity and looking at revi- sions to the Sign Code. ll.A.4. The City Manager stated the tennis court issue is to come back before the Commission in March. ll.A.5. The City Manager stated there was a misunderstanding with regard to beach parking stickers at Anchor Park; they are valid at Anchor Park; however, they are not valid in Atlantic Dunes. Atlantic Dunes is the cooperative park between the City and the County. ll.A.6. The City Manager stated there was a question raised as to why a recycling fee had to be paid for multi-family structures where the tenants do not use the recycling service. Steve Hiney, Recycling Coordi- nator for the City, sent a letter to the person making the inquiry explaining the recycling program, as well as the fact that the charges for recycling services in multi-family dwellings is not based on partic- ipation, but on the availability of the service. There is no way to remove that charge just because a tenant does not take advantage of the service that is offered. ll.B.1. Lillian Feldman, 2500 Juniper Drive, questioned when Homewood Boulevard would be resurfaced. The City Manager stated it will be done, barring some catastro- phe, sometime this year; there is no start date for construction. ll.B.2. Arthur Jackel, 784 N.W. 25th Avenue, congratulated the incum- bents on their victory and thanked Mr. Andrews and Mr. Mouw for the work they have done. He encouraged everyone to vote on March 10. ll.B.3. Jean Beer, Tropic Boulevard, suggested as the Landscape Code will be coming into effect soon, there should be a piece of City land to stockpile ground cover and if need be, someone to supervise it. -7- 2/25/92 ll.B.4. Alice Finst, 707 Place Tavant, questioned whether there was a real necessity to have the numerous amount of orange stripes on the beach side which cause limited parking. She also questioned if there is a possibility of getting a crosswalk at the Ingrahm Avenue parking lot. ll.B.5. Alice Finst, 707 Place Tavant, stated the weeds at Pineapple Grove are three (3) feet high and the public rights-of-ways should be cleared for the cleanliness and neatness of the City image. ll.B.6. Vi Hinchliffe, 112 N.W. 4th Avenue, stated the idea for the volunteer playground equipment for Veteran's Park is an excellent one. ll.B.7. Rosalind Murray, resident, questioned if a resolution could be drawn up relative to local vendor preference. FIRST READINGS 12.A. Ordinance No. 8-92. Ordinance No. 8-92, rezoning and placing land presently zoned RM (Multiple Family Residential - Medium Density) district in CF (Community Facilities) district, said property being located on the south side of Atlantic Avenue, between Palm Way and S.E. 7th Avenue, to accommodate a parking lot in conjunction with the rede- velopment of the former Patio of Delray site, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 11, 1992. Approval is recommended subject to the findings and recommendation of the Planning and Zoning Board. The City Manager presented Ordinance No. 8-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 42, 43 AND 44, OF THE PLAT ENTITLED PALM SQUARE, AND UNRECORDED PLAT OF BLOCK 125 AND 133, DELRAY BEACH (FORMERLY TOWN OF LINTON), 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. The City Attorney read the caption of the ordinance. It was the consensus of the Commission for staff to look at a redesign of Palm Square, including the possibility of barricades. If a temporary barrier works, then perhaps it should be made permanent. Mr. Randolph moved for the adoption of Ordinance No. 8-92 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -8- 2/25/92 At this time Mr. Randolph and Mr. Andrews left the Commission Chambers. 12.B. Ordinance No. 9-92. Ordinance No. 9-92, amending the Land Development Regulations to provide that any required impact fee assessed for the purpose of providing park and recreation facilities shall be collected at the time of issuance of a building permit, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 11, 1992. Approval is recommended. The City Manager presented Ordinance No. 9-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FIVE "SUBDIVI- SION REGULATIONS" SECTION 5.3.2, "PARK LAND DEDICA- TION'', OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTIONS 5.3.2(C) (3) AND 5.3.2(C) (4) TO PROVIDE THAT ANY REQUIRED IMPACT FEE ASSESSED FOR THE PURPOSE OF PROVIDING PARK AND RECREATIONAL FACILITIES SHALL BE COLLECTED AT THE TIME OF ISSUANCE OF A BUILDING PERMIT; 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. 9-92 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 0 vote. 12.C. Ordinance No. 10-92. Ordinance No. 10-92, amending the Land Development Regulations to provide for a change in the approval authori- ty for canopies to the Chief Building Official instead of the City Commission, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held March 11, 1992. Approval if recommended. The City Manager presented Ordinance No. 10-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER SIX, "INFRA- STRUCTURE AND PUBLIC PROPERTY", SECTION 6.3.5, "CANO- PIES'', OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE CHIEF BUILDING OFFICIAL SHALL HAVE THE AUTHORITY TO APPROVE CANOPIES, MARQUEES AND COVERED WALKWAYS EXTENDING INTO THE PUBLIC RIGHT-OF-WAY, THROUGH APPROVAL OF AN APPLICABLE AGREEMENT WITH THE CITY; PROVIDING A SAVING CLAUSE; -9- 2/25/92 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. 10-92 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. Mr. Andrews and Mr. Randolph returned to the Commission Cham- bers at this time. At this time the Commission returned to the Regular Agenda. 9.C. Initiation of Comprehensive Plan Amendment 92-1. The Commis- sion is to consider authorizing staff to initiate Comprehensive Plan Amendment 92-1. The City Manager stated it is his recommendation to delete Item VIII.3 from the Comprehensive Plan Amendment. Dr. Alperin moved approval of the initiation of Comprehensive Plan Amendment 92-1, with the deletion of Item VIII.3 as recommended by the City Manager, 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.D. Appointment Of a Member to The Board of Adjustment. The Commission is consider the appointment of a member to fill the vacancy on the Board of Adjustment. Seat 2 appointment. Dr. Alperin moved for the appointment of Michael Park to fill the vacancy on the Board of Adjustment, seconded by Mr. Mouw. 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.E. Service Authorization No. 2/Mock Roos and Associates. The Commission is to consider approval of Service Authorization No. 2 in an amount not to exceed $113,600 for engineering services to study, survey, prepare preliminary designs, contract documents, assist in bidding and contract negotiation, and construction services for the regrading, resurfacing, reconstruction and utility improvements required on roads in Tropic Palms (Dotterel Road, Albatross Road and Eagle Circle) and the Southwest service areas of the City, in conjunction with the Road Reconstruction Project. This is a Decade of Excellence Bond Project. Funding is available in Decade of Excellence Street Reconstruction (Account No. 225-3162-541-61.17). City Manager recommends approval. Dr. Alperin moved for the approval of Service Authorization No. 2/Mock Roos and Associates, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; -10- 2/25/92 Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. Service Authorization No. 2/Michael B. Schorah And Associates. The Commission is to consider approving Service Authorization No. 2 in an amount not to exceed $49,109.50 for engineering services to study, prepare preliminary designs and contract documents, assist in bidding and contract negotiations, and construction services for the regrading, resurfacing, reconstruction and utility improvements required on roads on the Northeast and Southeast service areas of the City in conjunction with the Road Reconstruction Project. This is a Decade of Excellence Bond Project. Funding is available in Decade of Excellence Street Reconstruction (Account No. 225-3162-541-61.17). City Manager recom- mends approval. Dr. Alperin moved for the approval of Service Authorization No. 2/Michael B. Schorah and Associates, 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.G. Request For A Special Events Permit. The Commission is to consider approving a request from the Atlantic Avenue Association for a special events permit to display arts and crafts on the sidewalks along East Atlantic Avenue, between N.E. 3rd and N.E. 6th Avenues, on March 6 and 7, 1992, in conjunction with the Second Annual Arts and Crafts Show. City Manager recommends approval. Mr. Mouw moved for the approval of request for a special events permit, 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS 13.A.1. Mr. Andrews expressed his compliments for the intersection design on 8th Street and 3rd Avenue. 13.A.2. Mr. Andrews stated he will be going to Palatka on Thursday to participate in a discussion on CRA's for the Municipal League. 13.A.3. Mr. Randolph had no comments or inquiries at this time. 13.A.4. Mayor Lynch stated he received a letter from Virginia Snyder regarding the percentage of people working in the City, but not residing in the City. He feels, if possible, this should be attained as it makes the employees have a more vested interest in City business. 13.A.5. Mayor Lynch questioned if the golf course bond is in the report from Public Financial Management. The City Manager stated it is, but is not referred to as the Golf Course Bond. -11- 2/25/92 13.A.6. Mayor Lynch reminded everyone that the Employee picnic is being held this Saturday and he is looking forward to the challenging softball game between the Commission and the City employees. 13.A.7. Mayor Lynch stated he attended a United Property Owners meeting the other night at which the suggestion was made to have public forums on an ongoing basis. 13.A.8. Mayor Lynch recommended a resolution be prepared for William Greenwood whose last day with the City will be March 13, 1992. 13.A.9. Mr. Mouw questioned the status on the check procedures for contract payments. The City Manager stated he did not have an answer back yet. 13.A.10. Mr. Mouw stated his concern about beach drainage and requested it be looked into. 13.A.11. Mr. Mouw questioned why the water and sewer at Hibiscus Lane will be put in at different times. The City Manager advised that they will be put in at the same time. 13.A.12. Dr. Alperin questioned if anything can be done about the condition of the streets at Rainbow Homes. The City Manager stated he would look into this matter. 13.A.13. Dr. Alperin questioned if there would be an ambulance available at the Employee picnic softball game. 13.A.14. Dr. Alperin stated the clock in the Commission Chambers has had the wrong time for quite a while. 13.B.1. The City Attorney stated the City will be involved in the trial of Graham White vs. the City of Delray Beach and a couple of Police Officers. The allegations are excessive use of force, and the trial will begin on March 2, 1992 and is expected to run through next week. He requested Commission concurrence in naming Captain Larry Schroeder as the City's corporate representative in the trial. 13.B.2. The City Attorney stated the Marty Ritchason case has been continued until some further order of court; therefore, the time con- straints have been lifted and he would like the concurrence of being named as the City's corporate representative. It was the consensus of the Commission to name the corporate representatives as suggested by the City Attorney. 13.B.3. The City Attorney stated the City's litigation against the County regarding the referendum ballot issue will be ruled on either late Friday or Monday morning. -12- 2/25/92 13.B.4. The City Attorney gave a brief overview of the Movable Fixture (Newsrack) Ordinance. He emphasized the aesthetic importance of life in the City; specifically, the negative impact that newsracks have on the aesthetics of the rights-of-way in the neighborhoods. The second area deals with traffic conditions and the importance of clear rights-of-way and clear zones. These findings are important in sustaining possible challenges to this ordinance. After much discussion, it was decided to bring this matter back either March 11 or March 24, contingent on outside or departmental review. 13.C.1. The City Manager stated the problems relocating power lines at the water plant have been worked out and there will be no delay on starting this project. 13.C.2. The City Manger stated the work session with the Haitian Community is scheduled for next week. 13.C.3. The City Manager requested the Commission give some thought to when would be convenient dates for holding goal-setting sessions, preferably in the month of April. Mayor Lynch declared the meeting adjourned at 8:30 P.M. ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of February 25, 1992, which minutes were formal- ly approved and adopted by the City Commission on City Cl~rk ' NOTE TO READER: -13- 2/25/92 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 nave been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -14- 2/25/92