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03-11-92 MARCH 11, 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 6:05 P.M., Wednesday, March 11, 1992. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas Eo 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 Gerald Dingman, 'C~aplin of Abbey Delray. 3. The Pledge of Allegiance to the flag of the United States of ~merica was given. 4. Mayor Lynch stated there is an addendum to the agenda which includes the Special Meeting minutes of March 3, 1992 and Item 9.J. Mr. Andrews requested that Items No. 8.A. and 8.K. be removed from the Consent Agenda and placed at the beginning of the Regular Agenda, as 9.A.A. and 9.A.A.A., respectively. The City Manager stated a request has been received to defer Item No. 7.A. to a later date. Mr. Randolph moved for approval of the agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 4A. Canvass Returns and Declare Results of March 10, 1992 Special Election. The City Clerk reported that she has presented the certified cumulative total for the regular and absentee ballots from the Supervi- sor of Elections Office of Palm Beach County, Florida, showing the results of the Special Election held on Tuesday, March 10, 1992. The results were as follows: BALLOT QUESTION #1 INCREASING THE LENGTH OF TERMS FOR COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS An amendment to the City Charter of the City of Delray Beach, Florida, to provide that the length of the term of office for City Commissioners and the City Mayor shall increase from two (2) years to three (3) years commencing with the elections in 1993 and 1994. Shall the above described Charter Amendment be adopted? YES (For Approval) 4,269 Regular + 138 Absentee = 4,407 TOTAL NO (Against Approval) 5,246 Regular + 105 Absentee = 5,351 TOTAL Mr. Randolph moved to approve the total votes for Ballot Question #1 and, based upon the above and foregoing, it is hereby declared that Ballot Question #1, entitled "Increasing the Length of terms for Commissioners and Mayor from Two (2) to Three Years", has been disapproved by a majority of the electors of the City of Delray Beach, Florida, voting at the election held on March 10, 1992, 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. BALLOT QUESTION #2 THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES IS ELECTED, WITHOUT REGARD TO MAJORITY An amendment to the City Charter of the City of Delray Beach, Florida, to provide that a candidate for the office of Commis- sioner or Mayor who receives the highest number of votes even if it is not a majority of votes cast for that office be declared to be elected to the office for which he or she is a candidate, and to provide for a second nonpartisan election in the event of a tie. Shall the above described Charter Amendment be adopted? YES (For Approval) 5,624 Regular + 164 Absentee = 5,788 TOTAL NO (Against Approval) 3,364 Regular + 65 Absentee = 3,429 TOTAL Mr. Mouw moved to approve the total votes for Ballot Question #2 and, based upon the above and foregoing, it is hereby declared that Ballot Question #2, entitled "The Candidate Receiving the Highest Number of Votes is Elected, Without Regard to Majority", has been approved by a majority of the electors of the City of Delray Beach, Florida, voting at -2- 3/11/92 the election held on March 10, 1992, 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. BALLOT QUESTION #3 LIMITING MAYOR AND COMMISSIONERS TO SIX CONSECUTIVE YEARS OF ELECTED SERVICE An amendment to the City Charter of the City of Delray Beach, Florida, to limit the terms of Commissioners and Mayor to six (6) consecutive elected years in office, and to provide for a one-year period during which an individual who served six (6) consecutive elected years may not be reappointed or run for election. Shall the above described Charter Amendment be adopted? YES (For Approval) 6,595 Regular + 192 Absentee = 6,787 TOTAL NO (Against Approval) 2,907 Regular + 45 Absentee = 2,952 TOTAL Mr. Mouw moved to approve the total votes for Ballot Question #3 and, based upon the above and foregoing, it is hereby declared that Ballot Question #3, entitled "Limiting Mayor and Commissioners to Six Consecutive Years of EleCted Service", has been approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election held on March 10, 1992, 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. MAYOR AND CITY COMMISSION SEATS Thomas E. Lynch, being the only candidate to qualify for the office of Mayor; Jay Alperin, being the only candidate to qualify for the office of City Commission Seat #2; and David E. Randolph, Sr., being the only candidate to qualify for the office of City Commission Seat #4, are hereby declared to be elected to the offices for which they respectively qualified pursuant to Section 5.04(b) (2) of the City's Charter. They shall serve for a term of two (2) years, commencing on the 26th day of March, 1992, and ending in accordance with the City Charter. Mr. Andrews moved that Thomas E. Lynch, Jay Alperin and David E. Randolph, Sr. are hereby declared to be elected to the offices of Mayor, City Commission Seat #2 and City Commission Seat #4, respective- ly, being the only candidates to have qualified for said offices, to be -3- 3/11/92 seated as of March 26, 1992, for a two (2) year term ending in accor- dance with the City Charter, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Mouw moved for approval of the minutes of the Regular Meeting of February 25, 1992, 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. Dr. Alperin moved for approval of the minutes of the Special Meeting of March 3, 1992, 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 $ to 0 vote. 6.A. Mayor Lynch read and presented a proclamation, proclaiming March 8 through March 14, 1992, as "Girl Scout Week". 7.A. DEFERRED. 7.B. Presentation by Coalition of Citizens, Business Leaders and .Tennis Players with Regard to the Location of the City's Tennis Courts. Spencer Pompey, resident, spoke in favor of allowing the tennis courts to remain at the present location and requested consideration by the Commission. Betty Diggans, and Charles Spraggs, residents, also spoke in favor of the tennis courts at the present location. Kevin Egan, Chairman of the CRA, stated he is aware of the difficult situation before the Commission and is requesting a period of sixty (60) days in which the CRA will complete a two-part study with respect to: (1) the feasibility of keeping the tennis courts in the present location, the economic impact, the amount of money involved and the proper funding source; (2) part and parcel, because the decision reached earlier was to move the courts and, at that time, it was an easy decision, but it is not definite that the same property can be sold immediately, what the price might be and if that money is available to relocate. Therefore, the second part of the study will be to learn the value of the property and the interest generated. Mayor Lynch suggested that staff simultaneously look at this regarding the funding source, if the courts are to remain downtown or at possible alternate locations. The following items were considered by the Commission as the Consent Agenda: CONSENT AGENDA -4- 3/11/92 8.A. MOVED TO REGULAR AGENDA 8.B. Supplemental Interlocal Agreement/Northern Palm Beach County W%-t-~r Contro± District. THe Commission is to consider approval of a supplemental interlocal agreement with Northern Palm Beach County Water Control District for Part II of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit Application. Approval is recommended. 8.C. Granting of Right-of-Way Deed and Approval of Restoration Agreement. The Commission is to consider the granting of a right-of-way deed to Palm Beach County for a 7'x 52' strip of land and approval of a restoration agreement which provides that the County may encroach on the City's property at the Municipal Golf Course, up to two (2) feet from the right-of-way line on Atlantic Avenue. Granting of the deed and approval of the agreement is recommended. 8.D. Change Order No. 3/Request for Final Payment/Pavex, Inc. The Commission is to consider approval of Change Order No. 3 in the amount of $1,976,17 to the contract with Pavex, Inc., and approval of the request for final payment in the amount of $38,619.66 for completion of the S.W. 4th Avenue and 10th Street Intersection Improvements and Old School Square roadway improvements with funding from General Construc- tion Fund - Traffic Intersections (Account No. 334-4141-541-60.62). Approval is recommended. 8.E. Change Order No. 3/Request for Final Payment/Elkins Construc- tors, Inc. The Commission is to consider approval of Change Order No. 3 in the amount of $4,634.85 to the contract with Elkins Constructors, Inc., and approval of the request for final payment in the amount of $40,842.82 for completion of the Miller Park Water Storage Tank and Booster Station project with funding from Water and Sewer Miller Park Storage Construction (Account No. 441-5181-536-69.02). 8,F. Ratification of South Central Regional Wastewater Treatment and ~isposal Board Action. The Commission is to consider an Industrial Waste Water Pretreatment Agreement. Ratification is recommended. 8.G. Resolution No. 27-92. Resolution No. 27-92, commending William W. Greenwood for his outstanding performance as an employee of the City of Delray Beach, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 27-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WILLIAM H. GREENWOOD FOR HIS MANY ACCOMPLISHMENTS AND SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 27-92 is on file in the official Resolution Book) -5- 3/11/92 8.H. Resolution No. 28-92. Resolution No. 28-92, vacating and abandoning a utility easement located on the north six feet of Lots 23, 24 and 25, the west three feet of Lot 24; and the east three feet of Lots 25, 26, 27 and 28, Block 5, Plat 2 of 2, Southridge, in conjunction with The Groves of Delray Plat #1, is before the Commission for consid- eration. Approval is recommended. The caption of Resolution No. 28-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASE- MENT LOCATED ON THE NORTH 6 FEET OF LOTS 23, 24 AND 25; THE WEST 3 FEET OF LOT 24; AND THE EAST 3 FEET OF LOTS 25, 26, 27 AND 28, BLOCK 5, PLAT 2 OF 2, SOUTHRIDGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 28-92 is on file in the official Resolution Book) 8.I. Resolution No. 26-92. Resolution No. 26-92, assessing the cost for abatement action necessary to remove nuisances on 16 properties located within the City, is before the Commission for consideration. 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. 26-92 is on file in the official Resolution Book) 8.J. Award of Bids and Contracts. 1. Automatic Sampler - Water Treatment Plant - Perkin-Elmer in the amount of $12,086.20 with funding from Water and Sewer Lab Supplies (Account No. 441-5122-536-35.16). 2. Poly-Phosphate - Environmental Services - Technical Products, Corp. in the estimated annual amount of $58,500 with funding from Water and Sewer Treatment - Chemicals (Account No. 441-5122-536-35.18). 3. Chemicals - Environmental Services - Jones Chemicals (Liquid Chlorine) in the estimated annual amount of $19,980; -6- 3/11/92 Allied Universal (Calcium Hypochlorite and Sodium Hypoclorite) in the estimated annual amount of $57,270 with funding from Water and Sewer Lift Station Maintenance Chemicals (Account No. 441-5144-536-35.18). 4. Lease Purchase Demo - Johnson 600 Series Street Sweeper ($2,202 per month) and Extended Warranty $2,200 - with funding from Stormwater Utility Fund - Equipment other (Account No. 448-5416-538-60.89). 5. Equipment Rental and Emergency Assistance - Environmental Services (Coop Bid with Boca Raton) - Johnson Davis, Inc., Belvedere Construction, and W. Jackson and Sons Construction with funding as required. 8.K. MOVED TO REGULAR AGENDA Mr. Andrews moved for approval of the Consent Agenda, 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. REGULAR AGENDA 9.A.A.(8.A.) Renewal of Continuing Agreement with Ernst and Younq. The Commission is to consider approving the renewal, for a three year period ending September 30, 1994, of the continuing agreement with Ernst and Young for financial auditing services. Mr. Andrews stated there were presentations made by the Finance Department three years ago that he found less than acceptable. He felt there were a number of things the Commissioners should have been made aware of and those reports were never received. It is his opinion that the firm of Ernst and Young has not been "upfront" with the City and he cannot support a rehiring. Joseph Safford, Finance Director, stated it is his opinion that finding a CPA who is qualified to audit municipalities is not an easy task. Ernst and Young is probably one of the best of the few firms available in this area to accomplish this complex process. If there is a misunderstanding regarding the information the Commission would like to have reported to them, he feels the Commission should sit down with the auditors and form an understanding as to the type of report or presentation that is desired. Paul Bremer, representing Ernst and Young, responded to Mr. Mouw by stating that the process commences in June and the firm is physically on the scene during July and August. He further stated that he would be most willing to meet with the Commission, on an individual basis, or in any manner they desire. Dr. Alperin moved for approval of the renewal for a three year period with Ernst and Young, seconded by Mr. Randolph. Upon roll call -7- 3/11/92 the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No. Said motion passed with a 4 to 1 vote. 9.A.A.A. (8.K.) Refund Agreement. The Commission is to consider approval of the agreement between the City and County for the payment of hydrant rental fees and refund of enclave tax funds by the County in return for the refund of Beach Renourishment funds by the City. The City Attorney advised that this is an interlocal agreement with the County that involves three issues. The Commission initially approved the concept last year; however, the County Attorney's office experienced some changes and they altered the philosophy of how they would like it presented. This concerns fire hydrant rentals over a number of years, annexation of enclaves, properties that were eliminated from the tax rolls resulting in a large amount of tax revenue and the City vs. the County share of reimbursement on a bid-rigging situation involving the beach renourishment in 1984. The Agreement approved by the Commission at a workshop in mid year of 1991 was for a total amount of $271,000 to the City and $221,000 to the County and is reflected in this agreement. Mr. Mouw moved for approval of the refunding of the partial amounts of bid-rigging funds back to the County to offset monies owed to the City, seconded by Dr. Alperin. 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.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 24, 1992 through March 6, 1992. Dr. Alperin moved to receive and file the report, 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. 9.B. Appeal of Site Plan Review and Appearance Board Action. The Commission is to consider an appeal of a Site Plan Review and Appearance Board action approving the basic site plan for The Groves of Delray. David Kovacs, Director of Planning, stated the Site Plan Review and Appearance Board has addressed all the items that were raised in the Appeal letters, made appropriate findings and, on some issues that dealt with buffering in relationship to the project, there were changes made to the site plan. Robert Federspiel, representing the Homeowner's Association of the Woods of Southridge, stated that one of the Directors of the Home- owner's Association has done a great deal of research, supplied each -8- 3/11/92 Commissioner with a packet of information and is prepared to summarize this tonight. He feels this is a very significant problem. The City Attorney advised there have been a number of appeals that have been filed with respect to this item and he suggested that a decision be made with regard to accepting testimony, or, if time does not allow, to defer it to a Special Meeting. His office has not had ample time to review all the appeals to determine if there is sufficient reason, but he would recommend that the Commission listen to those persons who have filed an appeal. Upon question by Mayor Lynch regarding the time frame, Tom Henners, speaking on behalf of The Groves of Delray Joint Venture, responded that the applicants have requested that a decision be made within the next week with respect to proceeding through underwriting with the State. Mr. Federspiel stated this has been rejected in the past on the basis that it was a low income housing project being brought into a single family area, even though the zoning is RM. This is exactly the same program that is being applied for; however, it is being applied for as a Seniors vs strictly iow income. If a four month period has elapsed and the project has not been rented, under the S.A.I.L. program, it is possible to reapply, eliminating the Seniors restriction and return to the low or very low income rental project. That is one of the primary concerns. The Joint Venture had offered to deed restrict the property to being Seniors only in perpetuity. He is concerned, legally, if that type of deed restriction would be enforceable. If the City should approve this, subject to the City Attorney negotiating the deed restric- tions, he feels the City is going one step too far. Sandra Allan, 2553 Bessie Street, presented a copy of her report to each Commissioner and gave a summary. Earl Shinder, Osted McFarlane, Robert Silvia and Patrick Carroll, residents of Woods of Southridge, spoke in opposition to the low income housing project and the effect it could have on their proper- ty. Arthur Jackel commented that he feels the Commission should state the policy of the City regarding low income housing. Mr. Henners stated he feels there has been a misunderstanding with respect to the community being proposed. The word 'low income' is a misnomer by what the applicant is willing to commit in a legally binding document recorded to run with the land in perpetuity. The income limits of the senior residents living in the apartment home will be tied to the County's median income, which has increased over the last eleven years by nine (9) percent per year. Today that represents an income limit of $21,000, which he feels is not low income. He further stated that the concerns expressed by Ms. Allan, regarding a S.A.I.L. Loan, are due to the complexity of the Tax Credit Law, and are not applicable in this situation. He proceeded to explain several different options that are available. The option used in the fourteen projects -9- 3/11/92 they have developed is 60% of the median income and the same 60% stan- dard will be used for The Groves of Delra¥. Some of the amenities include a security system, an emergency medical call button system, a fitness center, a free noon meal, free transportation through Mae Volen, a full time activities director, etc. Keith Granger, 312 N.E. 17th Avenue, Boynton Beach, a former President of the Homeowner's Association that is just south of Boynton Bay, a similar project recently developed in the Boynton Beach area, stated it has been a definite improvement, both aesthetically and from a security position. Upon question by Mayor Lynch, Mr. Henners responded that an attractive six foot wall, heavily landscaped, would be more than ade- quate. He also satisfied the question of the three bedroom units. Mayor Lynch questioned if a deed restriction would hold up if the developer were to give an agreement that this project can be changed after a period of four months. The City Attorney stated that Mr. Henners had advised that the developer did not have that type of loan at this time; he recommended that the deed restriction be evaluated and explanations offered indicating what conditions might occur that could lead to the demise of the deed restriction. Dr. Alperin stated since reviewing deed restrictions, his neighborhood has learned that deed restrictions can be changed with a unanimous decision of the property owners and questioned if that could apply here. The City Attorney responded that there is always a party that has the right to enforce the deed restriction, as there are many different types. Mr. Henners stated they are willing to enter into a Land Use Restriction Agreement with the City and the Woods of Southridge Homeown- er's Association, which would require approval of both parties to make any change in the restrictions. Dr. Alperin moved to continue the discussion until March 24th, to allow the Commission to review the information more thoroughly, seconded by Mr. Mouw. 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. The City Attorney questioned direction from the Commission as to an evaluation of a proposed agreement on the Senior Deed Restriction or Land Use and, if so, would request that the applicant prepare such an agreement for evaluation by the City Attorney's office. The Commission concurred and Mr. Henners agreed to have a draft of the agreement to the City Attorney on Friday, March 13th. Mayor Lynch declared a recess, the time being 7:59.P.M., the meeting reconvened at 8:02 P.M. At this point, the time being 8:02, the Commission moved to the Public Hearings portion of the agenda. -10- 3/11/92 PUBLIC HEARINGS 10.A. Ordinance No. 8-92. Ordinance No. 8-92, rezoning and placing ~present£y 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 Square and S.E. 7th Avenue, to accommodate a parking lot in conjunction with the redevelopment of the former Patio of Delray site, is before the Commis- sion for consideration on Second and FINAL Reading. Planning and Zoning Board recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. 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) DIS- TRICT; SAID LAND BEING LOTS 42, 43 AND 44, OF THE PLAT ENTITLED PALM SQUARE, AN 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. (Copy of Ordinance No. 8-92 is on file in the official Ordi- nance Book) Assistant City Attorney Ruby 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. Mr. Mouw moved for the adoption of Ordinance No. 8-92 on Second and FINAL Reading, 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 - Yes. Said motion passed with a 5 to 0 vote. 10.A.1. Request for Conditional Use Approval. The Commission is to consider approval of a request for conditional use approval to establish a parking lot in conjunction with the redevelopment of the former Patio of Delray site. Planning and Zoning Board recommends approval. Mr. Mouw moved for approval of the conditional use, 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. -11- 3/11/92 10.A.2. Palm Square Street Closing. The Commission is to consider approval of a trial closing of Palm Square. Approval is recommended. Mr. Kovacs presented an overview of the proposal with regard to traffic. Mr. Andrews moved for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. 10.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 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. 9-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FIVE, "SUBDI- VISION 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. (Copy of Ordinance No. 9-92 is on file in the official Ordi- nance Book) Assistant City Attorney Ruby 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. Mr. Randolph moved for the adoption of Ordinance No. 9-92 on Second and FINAL Reading, seconded by Dr. Alperin. 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. 10.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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on -12- 3/11/92 Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 10-92 is on file in the official Ordi- nance Book) Assistant City Attorney Ruby 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. 10-92 on Second and FINAL Reading, 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. 10.D. Purchase of Property. The Commission is to consider approval of the purchase of the two Downtown Development Authority parking lots located on N.E. 4th Avenue by the City. City Manager recommends approv- al. Prior to consideration of passage of this purchase, 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. The public hearing was closed. Mr. Randolph moved for approval of the purchase of Downtown Development Authority parking lots located on N.E. 4th Avenue, 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. 11. Comments and Inquiries on Non-Agenda Items. ll.A.1. The City Manager stated the resurfacing of Homewood Boulevard is scheduled for the month of May, in response to an inquiry by Lillian Feldman. -13- 3/11/92 ll.A.2. The City Manager expressed concern regarding the stockpiling of landscaping material because the City does not have the personnel available at this time to implement a project of this magnitude. lloA.3. The City Manager stated, in response to the concerns of Ms. Finst, the yellow curbs at the beach will be addressed through the parking study which is being handled by the Community Redevelopment Agency. A crosswalk for the Ingraham parking lot must be approved by the State. If the City should decide to place a crosswalk directly beside Ingraham, the City would need to remove two metered parking spaces. An alternative could be to install a sidewalk on the west side of A1A from the existing crosswalk to Ingraham. That will be reviewed further and, if practical, it can be a possible Capital project for the future. Ms. Finst also suggested the weeds be cut on Pineapple Grove Way and other areas that have been designated for landscaping and not completed. Most of that was taken care of the following day. ll.B.3. Jerry Marshall, Woodlake, commended the Commission for their dialog with the Haitian community last week and hopes it continues. ll.B.4. Lillian Feldman, Pines of Delray, questioned if the completion of Homewood Boulevard will include sidewalks on both sides of the street. The City Manager advised that it includes resurfacing, only. ll.B.5. Mrs. Feldman stated that the residents of the Pines of Delray requested that Boxwood have two names. It was first approved, then rescinded and then the Post Office notified all the residents who lived on Boxwood they would need to change their address to correspond with the new name. It was originally planned that it would be only an honorary name and Boxwood would remain as the legal address. She questioned the status of this situation. The City Manager stated it is his understanding that the request for the honorary name has been withdrawn and the City is not allowing any street to have two names in the future. ll.B.6. Arthur Jackel, on behalf of the United Property Owners, con- gratulated the Mayor and the Commissioners for the successful mission in the election with regard to the County Referendum. ll.B.7. Stanley Milosky, Allen Avenue, read a letter into the record that he had been requested to read that was written by Rafiella Trianos. This letter contained a request for a full investigation into the death of her mother regarding the handling by the Police. ll.B.8. Helen Coopersmith, resident, stated Kids and Cops is holding an Easter Egg Hunt on April 11, 1992, and she requested permission from the Commission to distribute a list of donations needed. Permission was granted by the Commission. At this time the Commission returned to the Regular Agenda portion of the agenda. 12.A. Ordinance No. 11-92. Ordinance No. 11-92, correcting the zoning from PC (Planned Commercial) district to POD (Planned Office -14- 3/11/92 District) for the Landis Medical Offices located on the northwest corner of Lowson Boulevard and Congress Avenue, is before the Commission on First Reading. Special Adjustment Advisory Board recommends approval. If passed, Public Hearing will be held March 24th. The City Manager presented Ordinance No. 11-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR LOTS 1, 2 AND 3, BLOCK 1, GOLF PARK, AS RECORDED IN PLAT BOOK 26, PAGE 141 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, FROM PC (PLANNED COMMERCIAL) DISTRICT TO POC (PLANNED OFFICE CENTER) DISTRICT; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF LOWSON BOULEVARD AND CONGRESS AVENUE; AND CORRECT- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 11-92 on First Reading, seconded by Mr. Andrews. 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.C. Amendment to Interlocal Agreement with Palm Beach County/Street Maintenance Responsibilities. The Commission is to consider approval of an amendment to the interlocal agreement with the County to transfer maintenance responsibility and jurisdiction from the County to the City for various roadways within the City limits. City Manager recommends approval. Mr. Kovacs stated in response to transfer requests and other work being discussed with Palm Beach County about jurisdiction of roads that the City has assumed since the annexation process and the enclaves, a meeting was held and excellent progress has been made. Greg Luttrell, City Engineer, explained the display, indicating those roads that are under State jurisdiction and ownership and those that are currently owned or owned and maintained through the 1987 Interlocal Agreement by the County. He gave a synopsis of the County Resolution before the Commission tonight, modifying the 1987 Interlocal Agreement transferring those roads back to the City for maintenance responsibility and jurisdiction. He also advised this will leave State Roads 1-95, most of Atlantic Avenue, U.S. 1 and State Road A1A. Those roads remaining under County jurisdiction will be Military Trail, Congress Avenue, the portion of Old Dixie Highway south of Linton Boulevard, Linton Boulevard, Lake Ida Road, Barwick Road and the 8th Street Intracoastal bridge. -15- 3/11/92 Upon question by Mayor Lynch, the City Manager stated the County has drafted and submitted an agreement to the City with regard to Wallace Drive that states they will design the road if the City will commit to build it within the next budget year. He does not feel the money is available at this time. Mr. Luttrell interjected that Wallace Drive was deeded back to the City in 1990 and was accepted as a City Street; however, the City did not release the traffic control responsi- bility, which leaves the County in control of signalization. Mr. Randolph suggested that those problem areas with regard to signalization that are controlled by the County be resolved prior to the consummation of this agreement. The City Manager advised that this will be brought to their attention. Mr. Luttrell stated the State is cur- rently under construction with Phase II of the Traffic Computer Control- ler for Palm Beach County, which includes the arterial streets in Delray. It is proposed to be activated this fall and will connect the control for those signals to the Traffic Engineering Department in their West Palm Beach office. That office will be able to readily make any changes when a problem arises. Dr. Alperin moved for approval to amend the Interlocal Agree- ment with Palm Beach County regarding street maintenance responsibility, 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.D. Request for Modification of Standards/911 Eve Street. The Commission is to consider a request from the property owner at 911 Eve Street to permit a dock to remain as constructed within 10 feet of the adjacent property line. City Engineer recommends approval. Mr. Mouw moved for approval, seconded by Mr. Andrews. Discus- sion followed. Mr. Mouw withdrew his motion. Dr. Alperin moved to continue consideration of the request to March 24th allowing an opportunity to consult with neighbors, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.E. Service Authorization No. 4/Professional Engineering Consul- tants, Inc., (PEC). The Commission is to consider approval of Service Authorization No. 4 in the amount of $44,322 for engineering services to conduct a rehabilitation study and preparation of a project manual for the rehabilitation of sanitary gravity sewer lines in Lift Station Basins 8, 18 and 32 with funding from Water and Sewer Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). City Manager recommends approval. Mr. Mouw moved for approval, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin -16- 3/11/92 - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.F. Resolution No. 29-92. Resolution No. 29-92, urging the Solid Waste Authority to continue its present disposal billing system and to continue working closely with municipalities to develop waste reduc- tion/minimization programs, is before the Commission for consideration. City Manager recommends approval. The City Manager presented Resolution No. 29-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE SOLID WASTE AUTHORITY TO CONTINUE ITS PRESENT DISPOSAL BILLING SYSTEM, AND TO CONTINUE WORKING CLOSELY WITH MUNICIPALITIES TO DEVELOP WASTE REDUCTION/MINIMIZATION PROGRAMS. (Copy of Resolution No. 29-92 is on file in the official Resolution Book) Mr. Mouw moved for th'e adoption of Resolution No. 29-92, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.G. Appointment of a member to the Delray Beach Housinq Authority. The Commission is to consider the appointment of a member to the Delray Beach Housing Authority to fill the unexpired term of William F. Maher ending 10/27/95. Mayor Lynch stated that he would recommend the appointment of Charles Broadnax. Mr. Randolph moved to appoint Charles Broadnax as a member to the Delray Beach Housing Authority, seconded by Mr. Andrews. 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. Appointment to the Historic Preservation Board. The Commission is to consider the appointment of a member to the Historic Preservation Board to fill the unexpired term of William V. Ayers ending 8/31/92. Mr. Randolph moved to appoint James Miller as a member to the Historic Preservation Board, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - ~es. Said motion passed with a 5 to 0 vote. 9.I. Change Order No. 4/Elkins Constructors, Inc. The Commission is to consider approval of Change Order No. 4 in the amount of $18,140 to the contract with Elkins Constructors, Inc., for additional services required for the North Water Storage Tank and Pump station project with -17- 3/11/92 funding from 1984 Water and Sewer Construction Fund - North Plant (Account No. 441-5162-536-60.93). City Manager recommends approval. George Abou-Jaoude, Deputy Director of Environmental Services, Public Utilities, stated the north water tank was originally designed with the idea that Public Utilities would be occupying that office. The design was modified to eliminate any painting, sealing or flooring. Upon question by Mr. Mouw, Mr. Abou-Jaoude stated the consultant, Post, Buckley Schuh and Jernigan devised the specifications for the material and the City's Construction Manager concurred. Mr. Andrews moved to continue Change Order No. 4 for further review by staff, 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.J. Change Order No. 1/Tuttle's Design Build Inc. The Commission is to consider approval of Change Order No. 1 in the amount of $15,000 and increasing the contract completion date by five days for the acqui- sition and planting of ten Royal Palm Trees at the Municipal Golf Course, with funding from Municipal Golf Course - Improvements Other (Account No. 445-4761-572-60.69). Mr. Andrews moved for approval of Change Order No. 1/Tuttle's Design Build, Inc., 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. Dr. Alperin stated the Drug Task Force has scheduled three public meetings to be held on March 8th at Carver Middle School at 7:00 P.M., March 19th at Pompey Park at 7:00 P.M. and March 25th at Atlantic High School at 7:00 P.M. and everyone is invited. 13.A.2. Mr. Mouw requested that someone give an update on the Parking Study Committee that was dropped last fall. Dr. Alperin offered an explanation due to the time involved in completing the Comprehensive Plan. 13.A.3. Mr. Andrews commented that he was recently made aware that one of the divisions of the State that deals with Solid Waste that gives grants, which in turn, can pass on to Cities for specific items regard- ing recycling. He requested that the City have the Solid Waste Authori- ty apply for a grant for the City of Delray that any resident who is interested can obtain a plastic composting container. 13.A.4. Mr. Randolph commented on the successful elimination of a tree on S.W. 5th Avenue for which the Code Enforcement Board had issued a violation. He would like this investigated as to the reason behind the removal. -18- 3/11/92 13.A.5. Mayor Lynch expressed satisfaction with the defeat of the County and feels this Commission should send a letter to Commissioner Mary McCarty thanking her for an excellent job of representing the Cities. The Commission concurred. 13.A.6. Mayor Lynch stated he would like to discuss the possibility of having an Audit and Finance Citizen Advisory Committee at the upcoming Organizational Meeting on March 26th to get input from other Commission- ers. The City Manager suggested creating such a committee on an ad hoc basis to deal with specific problems; he has reservations on a continu- ing basis because it tends to consume a lot of staff time and may not result in a significant accomplishment. 13.A.7. Mayor Lynch stated he had a call from a resident who had visited Barwick Park and found a sign that honors Sri Chinmoy, dated 8/3/91, and wanted to know what the sign stood for. The City Manager stated the plaque was approved by the Commission for a gentleman by that name; it was for Sri Chinmoy's Peace Mile. 13.A.8. Mr. Randolph requested that the City Manager send a letter of recognition for achievement to William Murray, who almost single-hand- edly drained and repaired the pool at Pompey Park with some assistance from the Delray Beach Fire Department. 13.B. There were no comments and inquiries from the City Attorney. 13.C. There were no comments and inquiries from the City Manager. Mayor Lynch declared the meeting adjourned at 9:00 P.M. City ClErk ' 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 March 11, 1992, which minutes were formally approved and adopted by the City Commission on ~~ ~ /~ . City- C~lerk ' -19- 3/11/92 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. -20- 3/11/92