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03-24-92 MARCH 24, 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., Tuesday, March 24, 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 Michael Castronis of The First Presbyterian Church of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch noted the Addendum to include Items 8.P. and 8.Q. to the Consent Agenda. The City Manager requested Item 9.N. - Proposal from Laver's - (backup material at their places) be added to the end of the Regular Agenda. Mr. Andrews requested Item 9.D. be moved up on the Regular Agenda to be heard as Item 9.A.A. Dr. Alperin 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 March 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. A. Mayor Lynch read and presented a proclamation proclaiming April 12 through April 17, 1992 as "National Telecommunicators Week". Diane Fellows, Director of Communications, Delray Beach Police Department, was present to accept the proclamation. B. Mr. Mouw read and presented a proclamation proclaiming April 12 through April 18, 1992 as "Building Safety Week". Lula Butler, Director of Community Improvement, was present to accept the proclamation. C. Mayor Lynch presented a proclamation proclaiming April 1992 as "Month of the Young Child". CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda. 8.A. Approval of Interlocal Agreement Between The City and Palm Beach County. The Commission is to consider approval of an interlocal agreement with Palm Beach County for joint funding under the Federal "HOME" Investment Partnership Program. Approval is recommended. 8.B. Acceptance of Easement Deed. The Commission is to consider an easement deed from Palm Beach County for a 50 foot drainage easement located on Roosevelt Avenue and Lake Ida Road. Approval is recommended. 8.C. Final Plat Approval. The Commission is to consider approval of the final plat for the Amoco Oil Company located at the northeast corner of West Atlantic Avenue and N.W. 8th Avenue. Planning and Zoning Board recommends approval, subject to the following condition: 1. That a guarantee bond is to be provided for the sewer manhole relocation prior to the final plat being released for recordation. 8.D. Change Order No. 3/Request For Final Payment/Pavex Corporation. The Commission is to consider approval of Change Order No. 3 which reduces the contract amount by $36,244.84 and approve the request for final payment in the amount of $3,900.54 to Pavex Corporation for completion of the 1991 Street Resurfacing and CBD Alleyway Resurfacing projects; with funding from Decade of of Excellence Alley Reconstruction (Account No. 225-3162-541-61.43) and General Construction Fund - Resur- facing (Account No. 334-3162-541-60.53). Approval is recommended. 8.E. Request for Final Payment/Florida Blacktop, Inc. The Commis- sion is to consider approval of Change Order No. 1 which reduces the contract amount by $1,780.16 and approve the request for final payment in the amount of $11,864.24 to Florida Blacktop, Inc. for completion of the S. Federal Highway curbing project; with funding from 1987 Utility Tax - South Federal Highway C-15 to Linton Boulevard (Account No. 333-4141-572-61.26). Approval is recommended. 8.F. Request for Final Payment/Florida Blacktop, Inc. The Commis- sion is to consider approval of Change Order No. 1 which reduces the contract amount by $3,931.18 and approve the request for final payment in the amount of $24,487.82 to Florida Blacktop, Inc. for completion of the N.E. 8th Street/N.E. 3rd Avenue and Dixie Boulevard intersection improvement project; with funding from General Construction Fund - Traffic Intersections (Account NO. 334-3141-541-60.62). Approval is recommended. -2- 3/24/92 8.G. Soap Box Derby Rally. The Commission is to consider approval of a request from the Delray Beach Soap Box Derby Committee to close Linton Boulevard between U.S. 1 and A-1-A on May 2, 1992 or May 3, 1992 (rain date) from approximately 7:00 A.M. until the conclusion of the Soap Box Derby Rally races. Approval is recommended. 8.H. Summer Youth Employment Program. The Commission is to consider approval of a City sponsored Summer Youth Employment Program. Approxi- mate cost of this program is $17,280. Funding to come from participat- ing departmental accounts. Approval is recommended. 8.I. Request to Expend Funds From Federal Forfeiture Account. The Commission is to consider approval of a request to expend $9,365 from the Federal Forfeiture Account in order to purchase additional equipment for the Community Policing Unit. Approval is recommended. 8.J. Acceptance of Grant Funding. The Commission is to consider the acceptance of matching grant funding in the amount of $10,000 from the Clean Florida Commission to be used in conjunction with our Litter Prevention Program. Matching funds are available in the Sanitation Fund Project Reserve (Account No. 433-3711-534-90.41). Approval is recom- mended. 8.K. Resolution No. 31-92. Resolution No. 31-92, assessing the costs for abatement action required to board up an unsafe structure at 141-143 S.W. 12th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 31-92 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. 31-92 is on file in the official Resolution Book) 8.L. Resolution No. 32-92. Resolution No. 32-92, assessing the costs for action required to abate nuisances on 25 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 32-92 is as follows: -3- 3/24/92 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 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. 32-92 is on file in the official Resolution Book) 8.M. Resolution No. ~33-92. Resolution No. 33-92, authorizing the Chamber of Commerce to be the licensing authority for activities associ- ated with the Delray Affair to be held April 24, 25 and 26, 1992, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 33-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE DELRAY BEACH CHAMBER OF COMMERCE TO BE THE LICENSING AUTHORITY FOR ACTIVITIES ASSOCIATED WITH THE "DELRAY AFFAIR" TO BE HELD ON APRIL 24, 25, AND 26, 1992. (Copy of Resolution No. 33-92 is on file in the official Resolution Book) 8.N. Resolution No. 30-92. Resolution No. 30-92, authorizing the initiation of eminent domain proceedings in conjunction with the im- provements at S.D. Spady Elementary School, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 30-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING CERTAIN REAL PROPERTY, BEING CERTAIN LANDS ABUTTING LAKE IDA ROAD AND THE S.D. SPADY ELEMENTARY SCHOOL IN THE CITY OF DELRAY BEACH, FOR THE PUBLIC PURPOSE OF EXTENDING N.W. 8TH AVENUE AND N.W. 10TH AVENUE, PROVIDING DRAINAGE IMPROVEMENTS AND PROVID- ING ADDITIONAL LANDS FOR A JOINT EDUCATIONAL/RECREATIONAL FACILITY WITH THE SCHOOL BOARD OF PALM BEACH COUNTY; FINDING THAT THE ACQUISITION OF SAID PROPERTY IS NECES- SARY FOR THE CONSTRUCTION OF SAID IMPROVEMENTS; PROVIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECES- SARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE 0 SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY ATTORNEY IN THIS -4- 3/24/92 MATTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 30-92 is on file in the official Resolution Book) 8.0. Award of Bids and Contracts. Approval is recommended. 1. Submersible Wastewater Pumps - Environmental Services - Southeastern Pump Corporation in the amount of $25,000 with funding from Water and Sewer Repair and Upkeep Equipment (Account No. 441-5144-536-33.32). 2. Fire Safety House Trailer - Fire Department - Scotty RV Corporation in the amount of $22,488.88 with funding from Special Project - EMS Matching Grants (Account No. 115-0000-248-92.00) and Fire Department Equipment Other (Account No. 001-2315-526-60.89). 3. Two (2) 1 Ton Trucks - Streets Division - Duval Ford (State Contract) in the amount of $33,486 with funding from City Garage Fund - Automotive (Account No. 501-3312-591-60.84). 4. Landscape maintenance - N.E. 8th Street (N.E. 6th Avenue to A-l-A) and West Atlantic Avenue (Swinton Avenue to 1-95) - Tare Landscaping in the amount of $19,390 with funding from Beautification Trust Fund - Beautification Maintenance Contract (Account No. 119-4144-572-33.49). · 8.P. Ratification of Contract For Sale. The Commission is to consider ratifying the Contract for Sale of Tract "E", Sherwood Park, to Mr. and Mrs. Richard Malooley for $2,500. Terms of the sale have been previously approved by the Commission on January 14, 1992. 8.Q. Approval of Settlement. The Commission is to consider the approval of the settlement of The City of Delray Beach vs. Gary, et al, relative to acquisition of Fire Station #1 property. City Attorney recommends approval set on the value of Parcel 17 with the owner, Mrs. Ival Lowe, in the amount of $26,000. Mr. Andrews moved approval of the Consent Agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: 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 9.D.) Reconsideration of Decision to Close Palm Square. The Commission is to reconsider the decision to close Palm Square on a trial basis. Mr. Andrews moved to bring the reconsideration to close Palm Square before the Commission, seconded by Mr. Mouw. Upon roll call the -5- 3/24/92 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. Mr. Andrews moved to delay the closing of Palm Square for approximately sixty (60) days in order to have time for discussion, further traffic studies and review by Planning and Zoning, 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. 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 March 9, 1992 through March 20, 1992. Dr. Alperin requested an appeal on the Historic Preservation Board's decision for the Patio Shoppes. This item will be be brought back at the Regular Meeting of April 14, 1992. Dr. Alperin moved to receive and file the report, with the exception of the Historic Preservation Board issue, 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. 9.B. Continuance of Appeal/Site Plan Review and Appearance Board Action. The Commission is to consider an appeal of a Site Plan Review and Appearance Board action and approve the basic site plan for the Groves of Delray, located north of Linton Boulevard, east of S.W. 10th Avenue extended, south of S.W. llth Street and west of S.W. 8th Avenue. (Continued from the 3/11/92 regular meeting). Dr. Alperin stated this issue should be looked at with respect to the Comprehensive Plan which is violated by this project. This project does not comply and the citizens are opposed to it. Mr. Andrews stated the living portion of the units are approxi- mately thirty (30) to forty (40) feet too small. This project does not have to be a low income project; it could be developed as regular housing. Mr. Randolph stated the contention is that there is enough low income in this City, which is actually an unknown fact. The Compre- hensive Plan can be amended, and this project will not automatically degrade the property. Mr. Mouw stated he supports Mr. Randolph's feelings. Mayor Lynch stated he would support this issue with the elimi- nation of the subordination clause and a change in eight units from three bedroom units to two bedroom units. -6- 3/24/92 APRIL 14, 1992 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:07 P.M., Tuesday, April 14, 1992. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews (Arrived at 6:17 P.M.) 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 Chaplain Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin moved for approval of the Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Mr. Randolph moved for approval of the minutes of the Regular Meeting of March 24, 1992, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mayor Lynch stated he would like to add a comment in reference to The Grove Project (Item 9.B. on Page 6 of the Regular minutes dated March 24, 1992) by advising that he had purchased an insurance agency in January of 1992 from the son of the man presenting the project. This son is an employee of Mayor Lynch; however, he has no interest in the above-mentioned project and, therefore, he sees no conflict of interest. But should anyone see a perception, he feels it should be brought before the Commission. The City Attorney advised, upon discussion with Mayor Lynch, that if there is a potential for a perception problem under the City's resolution, he would be obligated to vote. Unless there is a conflict of interest, as defined under the Florida Statutes, a situation must be voted on. In his opinion, there is no conflict of interest under the Florida Statutes. Tom Henners, representative of Florida Affordable Housing and the Groves of Delray, stated there would be no problem eliminating the three bedroom apartments. With respect to the subordination issue, it would make financing more difficult to obtain. Bob Federspiel, Attorney and Delray resident, stated this matter should be remanded to the Planning and Zoning Board for policy recommendation since they have had no input relative to the housing issue. Dr. Alperin moved to approve the appeal and deny the Groves project, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - No; Mr. Mouw - No. Said motion FAILED with a 3 to 2 vote. Mr. Mouw moved to ratify SPRAB's recommendation and approve the site plan for The Groves with the addition of the two conditions as recommended by Mayor Lynch, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed with a 3 to 2 vote. PUBLIC HEARINGS At this point, the time being after 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Ordinance No. 11-92. Ordinance No. 11-92, correcting the zoning from PC (Planned Commercial) District to POD (Planned Office District) for the Landis Medical Offices located on the northwest corner of Lowson Boulevard and Congress Avenue, 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. 11-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION 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 POD (PLANNED OFFICE DISTRICT); SAID LAND BEING LOCATED AT THE NORTHWEST CORNER OF LOWSON BOULEVARD AND CONGRESS AVENUE; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990", PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-92 is on file in the official Ordinance Book). -7- 3/24/92 Assistant City Attorney David Tolces 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. 11-92 on Second and FINAL 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. 10.A.1. Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval to establish a veteri- narian office at the northwest corner of Congress Avenue and Lowson Boulevard, subject to the following conditions as set forth by Planning and Zoning Board: 1. That patients do not stay overnight. 2. That any modification to this conditional use request i.e. increase use area, additional services, overnight stay, be acted upon by the Planning and Zoning Board. 3. That the parking configuration be analyzed and changed, if necessary, by SPRAB, per the discussion of the Planning and Zoning Board. Mr. Mouw moved approval of the request for Conditional Use Approval without rebuilding the parking lot and including the other conditions, seconded by Dr. Alperin. David Kovacs, Planning and Zoning Director, stated that Con- dition No. three (3) was recommended by staff. The condition is either the landscape area be brought back to it's original condition or that they do a non-impacting site plan modification. Mr. Mouw amended his motion to reflect David Kovac's comments, Dr. Alperin amended his second. 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. ll.A.1. The City Manager stated there were no public comments at the last meeting that required further response. ll.B.1. Mary Lou Jamison, resident, thanked the Commission and the Mayor for the work that was done at 8th Street and 3rd Avenue stating it is working beautifully. ll.B.2. Rosalind Murray, Village Drive, requested an update on the Geographic Area of Exception and the status of the appraisal for the -8- 3/24/92 Lakeview Golf Course. She also commended the Commission on the Summer Job Program; it's a good step in the right direction for the City. ll.B.3. Jean Beer, Tropic Boulevard, handed out the first copy of the brochure being put out by the Land Use Advisory Board of the County on the Urban Form Study and urged everyone to try to attend the meetings. FIRST READINGS 12.A. Ordinance No. 12-92. Ordinance No. 12-92, correcting the zoning from RM (Residential Medium Density) district to CF (Community Facilities) district for the parking area associated with the Acura Automobile Dealership located on North Federal Highway, is before the Commission for consideration on First Reading. Special Adjustment Advisory Board recommends approval. If passed, Public Hearing will be held April 14, 1992. The City Manager presented Ordinance No. 12-92: AN ORDINANCE OF THE CITY COMMISSION OF THE THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF N.E. 7TH AVENUE, BETWEEN N.E. 6TH STREET AND N.E. 7TH STREET; AND CORRECTING "ZONING MAP OF 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. Mr. Mouw moved for the adoption of Ordinance No. 12-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. At this time, Mr. Andrews left the Commission Chambers. 12.B. Ordinance No. 13-92. Ordinance No. 13-92, rezoning the Ameri- can Legion facility property located at N.W. 8th Avenue and Martin Luther King Jr. Boulevard (N.W. 2nd Street) from R-1-A (Single Family Residential) district to CF (Community Facilities) district, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held April 14, 1992. The City Manager presented Ordinance No. 13-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND -9- 3/24/92 PRESENTLY ZONED R-iA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED AT THE SOUTHWEST CORNER OF N.W. 2ND STREET AND N.W. 8TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordi- nance. Mr. Randolph moved for the adoption of Ordinance No. 13-92 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, Mr. Andrews returned to the Commission Chambers. 7. Presentations. A. Francis Bourque - Old School Square Video. Frances Bourgue, Executive Director - Old School Square, introduced Mr. Joe Gillie, the new Director of Old School Square. Joe Gillie, gave an overview of the buildings in Old School Square stating the activities available to the public. A video was then shown. B. Loren Sheffer - Education Board Exposition. As there was no representation for this presentation, it was removed from the agenda. ~.A.1) At this point, Dr. Thomas Green, veterinarian, came before the Commission for reconsideration of the conditional use and the hope to find a more appropriate spot for his veterinarian clinic. Dr. Green stated that when a stray animal is brought to him, he has to try to locate the owner. Also, animals are sometimes left for neutering and spaying and the owner never comes back for them. Accord- ing to DPR requirements, he may have to keep an animal on-site for at least two weeks. In light of this, he would be in a position that forces him to have animals overnight which is at odds with the Planning Zoning Board's recommendation. Mr. Mouw moved to reconsider his original motion for the veterinary clinic, Dr. Alperin moved to reconsider his second. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -10- 3/24/92 Dr. Alperin moved denial of the Conditional Use in consider- ation of the restrictions placed on Dr. Green by the Department of Professional Regulation, seconded by Mr. Andrews. Upon roi1 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. At this time Mayor Lynch left the Commission Chambers. 9.C. 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 denying a sign modification for Savings of America located at 1640 S. Federal Highway in the Delray Mall. Susan F. Delegal, attorney representing Savings of America, introduced Mr. Don Sherman, property manager for this area, Debbie Toth, Branch Manager of Savings of America, and Mr. Mark Gardner representing Federal Signs. Ms. Delegal requested a review of the Site Plan Review and Appearance Board action as there is compliance with the code. Dr. Alperin stated the City should adhere to the standards set forth by the SPRAB Board. Mr. Mouw feels all units in the shopping center should be uniform in color, or have colors which do not contrast. Mr. Randolph stated he has no problem with the color of the sign, but has a problem with the case letters. Mr. Andrews questioned what would happen if another company wanted to change their logo to their corporate colors. During Commission discussion, Mayor Lynch returned to the Commission Chambers. Mr. Andrews moved to deny the appeal for a sign modification for Savings of America, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - No. Said motion passed with a 3 to 2 vote. 9.I. Options for Annexation/Highland Park Mobile Home Subdivision. The Commission is to consider the recommendations made by the Planning and Zoning Board with regard to the annexation of the Highland park Mobile Home subdiviSion and adjoining commercial properties located along West Atlantic Avenue. Mr. Kovacs recommended proceeding with the dual referendum at the September primary, if necessary, but prior to that time to go ahead, at the City's expense, and do a plan amendment and rezoning as a small scale amendment for the corner parcel while continuing negotiations with the property owners. -11- 3/24/92 Mr. Mouw moved for approval per the recommendations of Mr. Kovacs, 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.H. Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval to convert an existing single family home located at 206 S.W. 13th Avenue to a child care center (Little Lee Christian Academy). Planning and Zoning Board recommends approval subject to the following conditions: 1. Provision of a fire hydrant at the northeast corner of S.W. 13th Avenue and S.W. 2nd Street. 2. Processing of a site plan which accommodates the following: (a) Adequate parking via one of the first three scenarios outlined in the staff report. (b) An acceptable solution for on-site drainage. 3. Provision of a unity title. Dr. Alperin moved to approve the Conditional Use request, 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.E. Selection of Architectural Firm/Fire Station No. 5. The Commission is to rank the top three or four architectural firms and authorize staff to negotiate a contract for architectural services for the development of Fire Station No. 5. The following architectural firms gave presentations on their plans for Fires Station No. 5: Richard Logan, representing MPA Architects, Inc. Dave Brand and Tom Orlowski, representing Gee & Jensen. Paul Slattery, representing Slattery and Root. John Shoup and Paul McKinley, representing Shoup/McKinley. Mr. Andrews stated he felt the safest with Shoup/McKinley, with a fallback position of Gee and Jensen, and would hesitate going beyond that. Mr. Mouw stated he ranked all of them the same, with Slattery and Root as third and MPA as fourth. Mayor Lynch stated his first choice would be Slattery and Root, Gee and Jensen second, and Shoup/McKinley as third. -12- 3/24/92 Mr. Randolph stated his first choice would be Gee and Jenson, Slattery and Root second, and Shoup/McKinley as third. Dr. Alperin stated Slattery and Root would be his first choice, Gee and Jensen as second, and Shoup McKinley as third. Mayor Lynch stated Gee & Jensen was a pretty standard second. Mr. Mouw stated, with all points added, Shoup/McKinley has eleven points, Gee and Jensen has nine points and Slattery and Root has ten points. The City Manager stated the better choice would be the firm with the lower score. Mayor Lynch stated that would mean Gee and Jensen would be first, Slattery and Root would be second and Shoup/McKinley would be third. Mr. Randolph moved that the firms be ranked as follows for architectural service for Fire Station No. 5: No. 1 - Gee and Jenson; No. 2 - Slattery and Root and No. 3 - Shoup/McKinley; and that staff be authorized to negotiate with Gee and Jenson as the top-ranked firm, for their services, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. .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. (Continued from the 3/11/92 meeting). Dr. Alperin moved approval of the request for modification of standards of the dock, 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.G. Modified Change Order No. 4/Elkins Constructors, Inc. The Commission is to consider approval of modified Change Order No. 4 in the amount of $11,433 to the contract with Elkins Constructors, Inc. for additional services required for the North Water Storage Tank and Pump station project with funding from 1984 Water and Sewer Construction Fund - North Plant (Account No. 441-5162-536-60.93). City Manager recommends approval. (Continued from 3/11/92 regular meeting). Mr. Mouw moved approval of Change Order No. 4, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.J. Change Order No. 2/ARZ Builder's Inc. The Commission is to consider approval of Change Order No. 2 in the amount of $9,072.50 for -13- 3/24/92 the installation of three additional fire hydrants on Pineapple Grove Way (N.E. 2nd Avenue); with funding from Fire Hydrant Replacement (Account No. 442-5178-536-61.77). City Manager recommends approval. The City Manager stated the addition of the three (3) fire hydrants along Pineapple Grove would ensure the sufficiency for fire suppression protection for this area. Mr. Mouw moved approval of Change Order No. 2, 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. 9.K. Service Authorization No. 2/Lawson, Noble and Associates. The Commission is to consider approval of Service Authorization No. 2 in an amount not to exceed $69,692.70 for engineering design, bidding/ negoti- ation, and construction administration services for a portion of the Decade of Excellence Street Reconstruction Program; with funding from Decade of Excellence - Street Reconstruction (Account No. 225-3162-541-61.17). City Manager recommends approval. Mr. Randolph moved approval of Service Authorization No. 2, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.L. Service Authorization No. 9/Hazen and Sawyer. The Commission is to consider approval of Service Authorization No. 9 in the amount of $72,399 for design, permitting and construction services necessary to construct additional water production wells at the Municipal Golf Course; with funding from 1991 Water and Sewer Revenue Bond Well Moni- toring/Rehabilitation - Engineering Services (Account No. 447-5171-536-33.11). City Manager recommends approval. Dr. Alperin moved approval of Service Authorization No. 9, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: 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.M. Palm Beach County Future Land Use Amendments/Amendment 92-1. The Commission is to consider reviews and comments on proposed Palm Beach County future Land Use Amendments and Amendment 92-1. Planning and Zoning Board recommends denial of the proposed amendments. Dr. Alperin moved to send, to the County, a request for a formal denial opposing the amendments, 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.N. Lavers Tennis Stadium Proposal. The Commission is to consider a proposal from Palm Beach County Sports Authority, the German group purchasing Lavers, and Claudio Colucci, to bring one or more large tennis tournaments to Delray Beach. -14- 3/24/92 The City manager asked the Commission whether they would be willing to authorize such a project as outlined in his memorandum dated March 24, 1992. (Copy attached hereto and made a part hereof). After much discussion the following motion was made: Dr. Alperin moved to begin negotiations, following the City Manager's directions, authorizing staff to make a conceptual offer based on points one (1) through seven (7) of the City Manager's memo, and to proceed with the necessary amendment to the Comprehensive Plan, 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS 13.A.1. Mr. Andrews stated the Elks Club, with Delray Beach being their site, will be staying at the Boca Raton Marriott. 13.A.2. Mr. Randolph had no comments or inquiries at this time. 13.A.3. Mr. Mouw had no comments or inquiries at this time. 13.A.4. Dr. Alperin had no comments or inquiries at this time. 13.A.5. Mayor Lynch discussed the definition of hardship, the possibil- ity of greater latitudes and recommended the criteria for these issues be reviewed. 13.B.1. The City Attorney had no comments or inquiries at this time. 13.C.1. The City Manager had no comments or inquiries at this time. Mayor Lynch declared the meeting adjourned at 10:20 P.M. City ~lerk ! ATTEST: -15- 3/24/92 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meetSDg of said City Commission of March 24, 1992, whic~minutes were formally approved and adopted by the City Commission on Ui_i~;~'~. /~/ /~ . CitY ~lerk Y 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- 3/24/92 CITY OF DELRflY BER[H 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 ~ 4071243-7000 MEMORANDUM TO: City Commission FROM: David T. Harden, City Manager SUBJECT: LAVER'S TENNIS STADIUM PROPOSAL DATE: March 24, 1992 City staff has had several contacts recently concerning the possibility of again bringing one or more large tennis tournaments to Delray Beach. The parties involved, including the Palm Beach County Sports Authority, the German group purchasing Lavers, and Mr. Claudio Colucci, have developed a proposal for your consideration. The proposal is as follows: (1) The German group would donate to the City a parcel of land adjacent to Miller Field for construction of a stadium court. (2) The City would construct a stadium court with 8,200 seats, of which 2,000-4,000 would be permanent. The stadium court would include dressing rooms, office space, and related support facilities. The City would finance the construction. We would expect the tournament promoter to pay the debt service on all of the cost in excess of $1,000,000. (3) Managers of the tennis facilities at Lavers would maintain the stadium court for the City. (4) The stadium court would be used by the City for tournaments related to its recreational tennis program. (5) The Palm Beach County Sports Authority would pay the annual cost of putting on major tournaments. This would include some rental charge for the use of our facility. (6) Operators of the Lavers tennis facility would make available the other courts needed for tournament play and practice. THE EFFORT ALWAYS MATTERS (7) We would want a 20 year contract with the tournament. Advantaqes (1) The City would get a lot of free advertising. (2) It would help build the City's reputation as a tennis center. (3) The people coming into town for the tournament would make a significant contribution to the local economy. (4) Increased economic activity should help sustain and build the City's ad valorem tax base. (5) Miller Field parking would be available. (6) The City would be relieved of the maintenance cost for the stadium court. Disadvantaqes (1) The annual debt service on $1,000,000 is about $100,000. The extent 'to which this would be offset by revenues from tournaments is unknown at this point. (2) The City's stadium court would be remote from the City's other public courts. (3) A large tournament would create a certain amount of traffic and parking congestion during the event. Is the Commission willing to authorize the staff to make offers, along the lines outlined above, to tournament owners? DTH:nr