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04-14-92 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. At this point the roll was called to the motion. Dr. Alperin moved for approval of the minutes of the Organiza- tional Meeting of March 26, 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. Said motion passed with a 4 to 0 vote. Dr. Alperin moved for approval of the minutes of the Special Meeting of April 1, 1992, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations. 6.A. Mayor Lynch read and presented a proclamation proclaiming the week of April 5-11, 1992 as "National Library Week" and the weekend of April 24-26, 1992 as "Bookfest Weekend". 6.B. Mayor Lynch presented a proclamation proclaiming the period of April 30 through May 3, 1992 as "Days of Remembrance of the Victims of the Holocaust". 6.C. Dr. Alperin read and presented a proclamation proclaiming April 26, 1992 as "Holocaust Memorial Day". Mr. Andrews arrived at this time. 6.D. Mayor Lynch read and presented a proclamation proclaiming the period of April 20 through 26, 1992 as "National Community Development Week". Lula Butler, Director of Community Development, came forward to accept the proclamation. 6.E. Mayor Lynch read and presented a proclamation proclaiming April 22, 1992 as "Earth Day" Joe Weldon, Director of Parks and Recreation, came forward to accept the proclamation. 6.F. Mr. Randolph read and presented a proclamation proclaiming April 24, 1992 as "Arbor Day". Joe Weldon came forward to accept the proclamation. 6.G. Mayor Lynch read a proclamation recognizing Paul Constant, a student at Atlantic High School, for his academic achievements and positive contributions to the City of Delray Beach. Paul Constant came forward to accept the proclamation and gave a brief explanation of his project and his plans for the future. 7. Presentations. 7.A. Mr. Weldon introduced Commissioner Lennart Lindahl, repre- senting Palm Beach County and David Roach from the Florida Inland Navigational District. He advised that the Florida Inland Navigational District was created in 1927 and provides all lands necessary for the -2- 4/14/92 operation and maintenance of the Intracoastal Waterway. In 1985 a Waterway Assistance Grant program was initiated that has contributed over 13 million dollars to 138 projects with a total cost of over 100 million dollars. The City of Delray Beach has been a recipient of two of those grants. Lennart Lindahl commended the City and its staff for the work they accomplish in performing their obligations. He presented a check to the Commission in the amount of $65,630 as the first installment of a $157,500 grant. 7.B. Richard Overman, Chief of Police, recognized the following persons with regard to their contribution in the expansion of community policing: Harvey Laurie of Del Aire Country Club; Alan Moses and Sam Schneider from Rainberry Bay Homeowners Association; Perry Don Francisco and Helen Coopersmith from Delray Citizens for Delray Police. These persons were presented with a printed token from the Police Department. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Authorization to Submit Grant Application. The Commission is to consider authorizing staff to submit a grant application in an amount not to exceed $100,000 to the U.S. Department of Housing and Urban Development (HUD) under the Hope 3 Grant program. Approval is recom- mended. 8.B. Granting of Easement Deed. The Commission is to consider granting an easement deed to Florida Power and Light to provide electri- cal service to the North Water Storage Tank. Approval is recommended. 8.C. Ratification of Emergency Repair. The Commission is to consid- er ratifying the emergency repair of a sewer line on S.E. 2nd Street between Swinton Avenue and the FEC Railroad and approving payment in the amount of $28,000 to Johnson Davis, Inc., with funding from Water and Sewer Repair and Replacement Sewer System/Mains and Lines (Account No. 442-5178-536-60.66). Ratification is recommended. 8.D. Resolution No. 43-92. Resolution No. 43-92, amending Resolu- tion No. 32-85 to clarify the Community Redevelopment Agency boundaries, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 43-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 32-85, BY REPEAL- ING SECTION 4 AND ENACTING A NEW SECTION 4, WHICH REFER- ENCES AN AMENDED APPENDIX "A" WHICH DESCRIBES THE SLUM AND BLIGHTED AREAS WITHIN THE CITY OF DELRAY BEACH, AS REQUIRED IN FLORIDA STATUTES, CHAPTER 163, PART III: PROVIDING AN EFFECTIVE DATE. -3- 4/14/92 (Copy of Resolution No. 43-92 is on file in the official Resolution Book) 8.E. Resolution No. 36-92. Resolution No. 36-92, supporting the concept of AMTRAK service from Jacksonville to Miami along the Florida East Coast Railway corridor, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 36-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE CONCEPT OF AMTRAK SERVICE FROM JACKSONVILLE TO MIAMI ALONG THE FLORIDA EAST COAST RAILWAY CORRIDOR. (Copy of Resolution No. 36-92 is on file in the official Resolution Book) 8.F. Resolution Nos. 37-92 Through 42-92. Resolutions No. 37-92 through 42-92, authorizing the execution of supplemental agreements with the Florida Department of Transportation (FDOT) consenting to the assignment of Pipeline Agreements with the Seaboard Coastline Railroad Company (CSXT) to FDOT, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 37-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN- TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA- TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE- LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A POINT 481 FEET NORTH OF THE RAIL- ROAD'S MILEPOST SX-987, DELRAY BEACH, FLORIDA, DATED JULY 20, 1976. (Copy of Resolution No. 37-92 is on file in the official Resolution Book) The caption of Resolution No. 38-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN- TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA- TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE- LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A POINT 1,967 FEET SOUTH OF MILEPOST SX-987, DELRAY BEACH, FLORIDA, DATED JANUARY 15, 1985. (Copy of Resolution No. 38-92 is on file in the official Resolution Book) The caption of Resolution No. 39-92 is as follows: -4- 4/14/92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN- TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA- TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE- LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A LOCATION 1,958 FEET NORTH OF THE RAILROAD'S MILEPOST SX-989, DELRAY BEACH, FLORIDA, DATED OCTOBER 12, 1959. (Copy of Resolution No. 39-92 is on file in the official Resolution Book) The caption of Resolution No. 40-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN- TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA- TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE- LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A POINT 1,682 FEET SOUTH OF MILEPOST SX-989, DELRAY BEACH, FLORIDA, DATED OCTOBER 13, 1987. (Copy of Resolution No. 40-92 is on file in the official Resolution Book) The caption of Resolution No. 41-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN- TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA- TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE- LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A POINT 1,930 FEET SOUTH OF MILEPOST SX-987, DELRAY BEACH, FLORIDA, DATED MAY 14, 1971. (Copy of Resolution No. 41-92 is on file in the official Resolution Book) The caption of Resolution No. 42-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN- TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA- TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE- LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD COMPANY ("CSXT") AT A POINT 1,971 FEET NORTH OF MILEPOST SX-989, DELRAY BEACH, FLORIDA, DATED FEBRUARY 18, 1981. (Copy of Resolution No. 42-92 is on file in the official Resolution Book) 8.G. Resolution No. 34-92. Resolution No. 34-92, assessing the costs for action necessary to remove 15 junked/abandoned vehicles on -5- 4/14/92 properties located within the City, is before the Commission for consid- eration. Approval is recommended. The caption of Resolution No. 34-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 34-92 is on file in the official Resolution Book) 8.H. Resolution No. 35-92. Resolution No. 35-92, assessing the costs for action necessary to remove nuisances on 38 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 35-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. (Copy of Resolution No. 35-92 is on file in the official Resolution Book) 8.I. Award of Bids and Contracts. The Commission is to consider award of the following bids and contracts with funding as indicated. Approval is recommended. 1. 1992 Street Resurfacing Program - Hardrives Asphalt Co., in the amount of $188,184 with funding from General Construction Fund - Resurfacing (Account No. 334-3162-541-60.53). -6- 4/14/92 2. Gymnasium Floor Replacement - Community Center - Camaio Surfaces, Inc., (via Palm Beach County School Board contract) - in the amount of $41,230 with funding from Decade of Excellence Bond Issue (Account No. 225-4125-572-61.57). 3. Site Plan Preparation - Leon Weekes Preserve - Florida Atlantic University in the amount of $15,000 with funding from Recreation Impact Fee Fund (Account No. 117-4169-572-33.19). 4. Housing Rehabilitation - as indicated below - with funding from Community Development Block Grant - Housing Rehabilitation (Account No. 118-1963-554-60.23): -913 S.W. 4th Avenue - Henry Haywood - $14,341.95 -304 S.W. llth Avenue - Henry Haywood - $14,290.50 -605 S.E. 2nd Avenue - MJD Construction Services - $14,282.10 5. One (1) 3-Stage Air-Scrubbers - Environmental Services - Davis Process in the amount of $39,500, plus $6,000 for mainte- nance with funding from 1984 Water and Sewer Bond - 3 Stage Poly Air Scrubber (Account No. 441-5162-536-61.16). 6. Alley Reconstruction Project - Environmental Services - Jack Hardy, Inc., in the amount of $483,771 with funding from Decade of Excellence Bond Issue Alley Reconstruction (Account No. 225-3162-541-61.43/$366,557.50), Water and Sewer - Renewal and Replacement water Meter Replacement Program (Account No. 442-5178-536-61.84/$93,454) and Community Redevelopment Agency Reimbursement ($23,000). 7. Irrigation - Gulfstream Boulevard Beautification - Windmill Sprinkler Company in the amount of $13,472.50 with funding from 1987 Utility Tax - Gulfstream Boulevard (Account No. 333-4141-572-61.38). Dr. Alperin moved for approval of the Consent Agenda, 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. REGULAR AGENDA 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period March 23, 1992 through April 10, 1992. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. -7- 4/14/92 9.B. Appeal of an Historic Preservation Board Decision. The Commis- sion is to consider an appeal of an Historic Preservation Board decision to deny a Certificate of Appropriateness for a six-foot chain line fence at 310 N. Swinton Avenue. The City Manager commented that staff agrees with the appli- cant. Diane Dominguez, Planning Department, stated this is an appeal by Mr. Hoffman, the property owner, of a decision made by the Historic Preservation Board, denying a Certificate of Appropriateness for a chain link fence and gates that were installed without a permit. The owner was cited by Code Enforcement. The City's design guidelines for Histor- ic Districts state that chain link fences are generally inappropriate, unless properly screened or not visible from the road. It was recom- mended that it be replaced with a four-foot wood fence and gates. Wayne Campbell, Vice-Chairman of the Historic Preservation Board, stated the City design guidelines were taken into consideration by the Board. The Board feels a wood fence is more appropriate with a height of four feet. Mr. Randolph expressed concern that, if this is allowed, it will appear that the City is sanctioning this type of action; however, he has concerns with the City Commission dictating to property owners what they can and can not do on their property. He also commented about the constant maintenance that will be required for a wood fence. Mr. Mouw moved to deny the appeal, direct the applicant to reapply for a permit for a six-foot wood fence and instruct the City to issue a permit without penalty, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Dean Hoffman, applicant, stated he will be agreeable with anything the Board would like him to do. Dr. Alperin stated he feels the Commission should either accept or deny the appeal and send it back to the Board for a reasonable decision. At this point the roll was called to the motion. 9.C. Appeal of an Historic Preservation Board Decision. The Commis- sion is to consider an appeal of an Historic Preservation Board decision to approve the site plan for the Patio Shoppes. Ms. Dominguez gave a brief explanation regarding the basic issues that prompted the appeal. -8- 4/14/92 Discussion followed regarding parking, traffic, landscaping and underground or overhead transmission lines. Mayor Lynch questioned if the transmission lines were originally an issue in the appeal. The City Manager stated that he had no knowledge of this and suggested that, if there is a concern, it might be beneficial to remand it back to the Historic Preservation Board for another look. Ms. Dominguez stated the Historic Preservation Board listed that issue as a condition on the site plan when it was approved. Dr. Alperin moved for approval of the appeal with the two easements (closure or partial closure of Palm Square and an accessway through to S.E. 7th Avenue). Motion died for lack of a second. Mr. Mouw moved for approval of the landscape waiver, as recom- mended by the Historic Preservation Board and that any recommendations made about burying the main transmission lines abutting this property be dismissed, seconded by Mr. Randolph. 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. Mr. Mouw moved for approval of the site plan, as presented, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Alieda Riley, resident, stated she would like to have the parking issue and valet parking discussed; she also questioned whether or not eight feet is enough space to load and unload trucks. Upon question by Mayor Lynch, Ms. Dominguez advised that the parking meets the Code in the Central Business District. There was some concern regarding the number of trips to and from the site, but the traffic study was refined and it met the traffic engineer's requirements. At this point the roll was called to the motion. At this point, the time being 7:00 P.M., the Commission moved to the Public Hearings portion of the agenda. PUBLIC HEARINGS 10.A. Ordinance No. 12-92. Ordinance No. 12-92, correcting the zoning from RM (Residential Medium Density) zoning district to CF (Community Facilities) zoning district for the parking area associated with the Acura Automobile Dealership located on North Federal Highway, is before the Commission for consideration on Second and FINAL Reading. Special Adjustment Advisory Board recommends approval. Prior to consid- eration 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. 12-92: -9- 4/14/92 AN ORDINANCE OF THE CITY COMMISSION OF 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. (Copy of Ordinance No. 12-92 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw moved for the adoption of Ordinance No. 12-92 on Second and FINAL Reading, 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. 10.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-lA (Single Family Residential) zoning district to CF (Community Facilities) zoning dis- trict, is before the Commission 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 scheduled to be held at this time. 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 PRESENTLY ZONED R-lA (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. (Copy of Ordinance No. 13-92 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the -10- 4/14/92 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. 13-92 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.C. Comprehensive Plan Amendment 92-1. The Commission is to consider authorizing staff to forward Plan Amendment 92-1 to the State Department of Community Affairs. Approval is recommended. Prior to consideration of authorizing transmittal of Plan Amendment 92-1, 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 to authorize transmittal of Plan Amendment 92-1 to the State Department of Community Affairs, 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. 11. Comments and Inquiries on Non-Agenda Items from the Public. ll.A.1. The City Manager stated an appraisal of the Lakeview Golf Course has been ordered. ll.A.2. The City Manager stated, in response to the status of the GAE for the Central Business District, the application is before the Board of County Commissioners as an amendment to the County Traffic Element and a Public Hearing was scheduled for April 7th, or shortly thereafter. Reviews by the Countywide Planning Council, Treasure Coast Regional Planning Council and County Engineering have passed and the City has received endorsement and support from all reviewers except the Depart- ment of Transportation. The DOT has taken the position of questioning or opposing all Geographic Area of Exception applications, stating they do not conform to new rules being promulgated by DOT. Actual approval of the GAE will not occur until the Plan Amendment package is adopted, which is anticipated for September. The City needs to make an amendment to the Traffic Element and portions of the future Land Use Element. The City is now awaiting a completion of the plan by CRA and for them to provide a lead to pursue the CBD development. ll.A.3. The City Manager advised that the traffic counts have been completed on Homewood Boulevard and the count north of Lowson Boulevard was 6,802; south of Lowson Boulevard was 6,623 and that level does not require four-laning. The future projections do not indicate there.will be a need in the near future. ll.B.1. Alice Finst, 707 Place Tavant, appealed to the Commission for some type of continuity in the landscaping along Lake Ida Road, -11- 4/14/92 especially the area between Barwick Road and Congress Avenue. Mayor Lynch stated that the area referred to is off the agenda and the County does not plan to look at it until Atlantic Avenue has been widened. She also requested that some type of regular mowing schedule be implemented for the landscaping on Lake Ida Road. ll.B.2. Lorraine Kasper, Spanish Trail, expressed dissatisfaction with the current Noise Ordinance and feels there should be a penalty, a fine or a ticket issued to discourage a repeat of the violation. The City Attorney advised that there is a ticket violation that can be issued. The City Manager stated he would look into this situa- tion and get in touch with Ms. Kasper. ll.B.3. Sheila Jaffe, Communications Director for South Palm Beach County National Organization for Women (NOW), read a prepared statement objecting to the tennis tournament being sponsored by Virginia Slims, citing statistics regarding lung cancer and the number of young girls that are becoming cigarette smokers. ll.B.4. Jack Cannon, resident of Boca Raton, stated he would like to remind the Commission that a few years ago Palm Beach County passed a Clean Indoor Air ordinance. Delray Beach was one of two cities that opted out of that ordinance, but later reversed this. He expressed concern that the sponsor of the upcoming tennis tournament is none other than Virginia Slims. He requested that the Commission give serious consideration in the future regarding scheduling the Virginia Slims Tournament. ll.B.5. Rosalind Murray, Village Drive, questioned how the youth will be selected for the upcoming summer program, approved recently by the City Commission, and if there is a possibility that more money could be appropriated. FIRST READINGS 12.A. Ordinance No. 15-92. Ordinance No. 15-92, regulating the placement of newsracks and other moveable fixtures within the City's rights-of-way, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 28, 1992. The City Manager presented Ordinance No. 15-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING, "NEWSRACKS", AND ENACTING A NEW SECTION 6.3.3, "NEWSRACKS, BENCHES AND OTHER UNATTACHED FIXTURES" TO PROVIDE FOR THE APPLICATION OF THIS SECTION TO ALL UNATTACHED FIXTURES WITHIN THE RIGHT-OF-WAY; PROVIDING FOR DEFINITIONS; PROVIDING FOR OBJECTIVE STANDARDS FOR THE LOCATION OF -12- 4/14/92 UNATTACHED FIXTURES IN THE RIGHT-OF-WAY; PROVIDING STANDARDS FOR INSTALLATION AND MAINTENANCE OF NEWSRACKS; PROVIDING A BAN ON THE LOCATION OF NEWSRACKS WITHIN RIGHTS-OF-WAY OF SINGLE FAMILY RESIDENTIAL DISTRICTS; PROVIDING FOR ENFORCEMENT BY CODE ENFORCEMENT DEPARTMENT; PROVIDING FOR SPECIFIC APPELLATE REMEDIES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Chris Brown, Director of Community Redevelopment Agency, commended the Commission for advancing this legislation. He feels newsracks are contributors of blight, particularly in the downtown area. He commented that an additional moveable object, the telephone pedestal, has been installed in the City's right-of-way by Southern Bell. During this installation, several of the City's red bricks were removed and bare wire was placed on the outside of a building located near the first block on East Atlantic Avenue which violates the elevation requirement of the Site Plan and Review Board. He is requesting that the Commission consider including a definition of moveable objects in the ordinance and include telephone pedestals. He also suggested the Commission consider allowing the Fire Chief jurisdiction regarding the distance these objects can be placed from the entrance or exit of any structure. The City Attorney stated he met with representatives of some of the newspapers, who opposed the ordinance in its entirety. It was a collective suggestion that the newspaper staff and the City staff review each newsrack location and address potential problems and/or locations. Their aim is to arrive at an agreement whereby some newsrack locations can be grandfathered in or limited, in exchange for a promise not to expand. The City~ Attorney stated, should the Commission agree that the uniform color aspect is not of primary importance, there is a potential of avoiding litigation. He recommends that the ordinance be passed and that no further staff time be used in assembling a report on each and every location in making that type of assessment. Rosalind Murray questioned the legality and enforceability of this ordinance after learning that a ruling was made by the County Attorney when questioned by Commissioner McCarty regarding the same issue. The City Attorney advised that the City of Delray Beach has more stringent regulations on many subjects than those of the County and the issue referred to was not exactly the same as this one in Delray. Helen Coopersmith stated she feels the newsracks are ugly. Joanne Fanizza, Counsel to Sun Sentinal, stated when a newsrack ordinance is being considered, there are always a few'problem locations and the City feels this is the way to respond. The Circulation Manager of Sun Sentinel told her he has not received one phone call or complaint from a citizen of the City of Delray. Ms. Fanizza commented that there -13- 4/14/92 is always someone available at the Sun Sentinel to listen to the public. It is their goal to keep everyone happy and, at the same time, provide a very integral function. She explained that news interest changes with demographics and, what may be a good spot for a newsrack today, may not be appropriate tomorrow or in the future. Discussion followed. Upon question by Mr. Randolph, the City Attorney advised that, in his opinion, newsracks located at major intersections in the City are legal in the City of Delray Beach; however, he also feels an ordinance could be adopted that would prohibit this. Ms. Fanizza requested that the Commission please attempt to work things out and solve this issue without litigation. Upon question by Mr. Mouw, Ms. Fanizza responded that the newspaper is presently in litigation over the color issue, as it is a trademark right and they do not feel it is negotiable. Chris Simon, Counsel to the Palm Beach Post, questioned if color is a negotiable issue with the Commission. The Commission con- curred that it is. Mr. Andrews noted a number of changes that he would like added to the language of the ordinance. Mr. Mouw suggested staff be instructed to negotiate, including the color, and bring it back before the Commission in two weeks. Discussion followed. Dr. Alperin moved to table Ordinance No. 15-92 to the next Regular Meeting of April 28, 1992, seconded by Mr. Andrews. Upon a request from Ms. Fanizza, due to a conflict of vacation time, the Commission concurred to allow four weeks to elapse. Dr. Alperin amended his motion to table Ordinance No. 15-92 to the May 12, 1992 Regular Commission meeting, Mr. Andrews amended his second. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the Regular Agenda. 9.D. Approval of Collectiv~ .Bargaining .Agreement. The Commission is to consider approval of the Collective Bargaining Agreement with the Fraternal Order of Police. Mr. Mouw moved for approval of the negotiations from the Commission standpoint, 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. Before roll call the following discussion was had: -14- 4/14/92 Mr. Randolph expressed concern regarding the promotional requirements in the area of written examinations. At present the percentage for the written exam accounts for 50 percent with two other segments, an oral interview and staff evaluation, totaling the remaining 50 percent. He feels the written exam should account for 75 percent of the promotion. Dr. Alperin commented that the exam states "The oral interview shall be conducted by members of neighboring law enforcement agencies and/or personnel director of a neighboring agency". Mr. Randolph also questioned how these people are selected and expressed a feeling that this is 1992, and changes should be made to reflect that. At this point the roll was called to the motion. 9.E. Request for Temporary Use Approval. The Commission is to consider a request from the Hardaway Company for a temporary use permit to erect construction compound/construction trailers on a vacant lot located at 231 N. Congress Avenue in conjunction with the 1-95 Widening Project. City Manager recommends approval. Mr. Mouw moved for approval, 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.F. Service Authorization No. 4/Eckler Engineering. The Commission is to consider approval of Service Authorization No. 4 in the amount of $28,800 for engineering services for rehabilitation of pump stations 19A, 20A, 23 and 32 with funding from Water and Sewer Repair and Re- placement - Engineering Services (Account No. 442-5178-536-61.83). City Manager recommends approval. Dr. Alperin moved for approval of Service Authorization No. 4, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Mouw if these stations could be given a little treatment in order to improve their appearance, Mayor Lynch suggested the Commission direct the City Manager to review these and have the appearance improved. The Commission concurred. At this point the roll was called to the motion. 9.G. Gulfstream Boulevard Beautification. The Commission is to consider disqualifying the low bidder, waive the City's claim for the 5% bid security for Triple A, and award the bid to Florida Blacktop, Inc., in the amount of $15,490 for the installation of landscaping materials in the medians on Gulfstream Boulevard between Seacrest Boulevard and Dixie Highway with funding from 1987 Utility Tax - Gulfstream Boulevard (Account No. 333-4141-572-61.38). City Manager recommends approval. -15- 4/14/92 Mr. Mouw moved to award the bid to Florida Blacktop, Inc., and also that the City waive the claim for the bid bond requirement for Triple A Irrigation, 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. Modification to Interlocal Agreement/Traffic Signals. The Commission is to consider a proposal from Palm Beach County to modify the interlocal agreement with the City to provide that the City will pay for the installation of new traffic signals. The City Manager recom- mends responding that the City would be willing to take back responsi- bility for paying for installation of new traffic signals, providing the County would extend the current agreement on allocation of gas tax revenue for another ten years. Mr. Andrews moved for approval of the proposal to modify the interlocal agreement to pay for the installation of new traffic signals, if the County extends the agreement on allocation of gas tax revenue for ten years, 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.I. Appointments to the Neighborhoods Task Team. The Commission is to consider the appointment of three members to the Neighborhoods Task Team. Mr. Randolph moved for the appointment of Ann Fulton, 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. Dr. Alperin moved for the appointment of Lillian Flores, 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. The Commission concurred to seek a replacement for Dr. Cadet, if he feels he does not have the time to expend on this Board. Mr. Mouw moved for the appointment of Zarus Wright, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for the appointment of Arthur Jackel as an alternate member, seconded by Mr. Andrews. 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. -16- 4/14/92 Mr. Randolph moved for the appointment of John Francis as an alternate member, seconded by Dr. Alperin. 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. The following two items were postponed with one vote. 9.J. Appointment to the Public Employee Relations Committee. The Commission is to consider the appointment of a member to fill the expired term of Martin Frost. Mayor Lynch requested that his appointment be deferred to April 28th. 9.K. Appointment of a Member to Serve as Chairman of the Public Employee Relations Committee. The Commission is to consider the ap- pointment of a member to serve as the Chairman for the Public Employee Relations Committee. Dr. Alperin moved for postponement of the above two appoint- ments until the meeting of April 28th, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mr. Andrews stated he attended a Neighborhood meeting at Plumosa School regarding what is happening in the surrounding neighbor- hood and the alternatives that were available to them. Originally there was a site plan for single family housing in that area (near the Shoppes of Seacrest). He further stated there is a twelve-foot easement on the east side of 3rd Avenue. He expressed a desire to have someone look into landscaping, xeriscaping, continued improvement of Code Enforcement to clean up the area and possibly look into it as a Pocket CRA. The City Manager agreed to take a better look at that area. 13.A.2. Mr. Randolph commented about the feelings expressed regarding the Virginia Slim Tennis Tournament. The City Manager stated he would get with Mr. Randolph and discuss this later. 13.A.3. Mr. Randolph stated he is aware that Chief Overman has men- tioned increasing surveillance with regard to intra-city speeders but he is very concerned about those neighborhoods that are populated with a number of small children. There are also motorists blocking roadways just to visit and he would like to see this brought to a halt. Mayor Lynch commented that, when he met with Chief Overman and some of the Haitian leaders, the Chief requested that someone submit the time of day ahd the areas where this is taking place in order that people can be allocated to monitor those particular spots. 13.A.4. Mayor Lynch questioned the status of the Swaim issue. The City Manager stated a road agreement was being discussed and, in order for -17- 4/14/92 the City to have a funding source, a plan needs to be implemented where money can be provided by CRA or Mr. Swaim needs to remove his project from CRA. As for the streets, a letter has been submitted with addi- tional information that will be helpful to him. 13.A.5. Mr. Mouw complimented Lula Butler and her department for the fine work and her handling of Code Enforcement. 13.A.6. Dr. Alperin advised that, it was learned at the P&Z Workshop meeting held last evening, plans are being considered for the Agricul- tural Reserve area west of Delray, with a proposal for 71,000 residents. 13.B. There were no comments or inquiries from the City Attorney. 13.C.1. The City Manager stated a letter has been received relative to the Virginia Slims tournament, including comments about the sponsorship. In summary, the Virginia Slims Company has a contract with the Women's Tennis Association Tour, through 1994, to sponsor a certain number of tournaments. This is in cooperation with Liddun International, Inc., who has been running Virginia Slims of Florida for the past nine years on a year to year basis, so they may not sponsor this next year. If the City should enter into an agreement, the agreement would be with Liddun International and it would be their responsibility to secure a sponsor for the event. He commented further on the item that states, rather than committing to pay any costs in excess of a certain amount, they want to commit to pay a fixed amount, annually. In view of the most recent estimates, he feels this would be to the advantage of the City. The City Attorney is currently working on this and the Liddun Company has been informed that this item will probably be on the agenda for the Regular Commission meeting of April 28th. Upon receipt of this letter, he met with the Sports Authority and the representatives of the contract purchasers of Laver's to discuss which things they would be responsible for and those things the City would be responsible for. He will submit this package to the Commission. Upon question by Mayor Lynch, the City Attorney stated it is outlined in the agreement that, in the event that they are unable to find a sponsor, they will terminate the agreement with the City and that is a risk the City will bear. Mayor Lynch declared the meeting adjourned at 9:30 P.M. ~ C£~ Clerk ' ATTEST: -18- 4/14/92 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 14, 1992, whic~ minutes were formally approved and adopted by the City Commission on U~/~ ~F /9~L · / City ~lerk - ' 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. -19- 4/14/92