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05-12-92 MAY 12, 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 6:02 P.M., Tuesday, May 12, 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 Kurtz 2. The opening prayer was delivered by Reverend Robert Finch, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Attorney requested that the addended Item 9.M. (IBF&O Contract) and Item 9.F. (Pioneering Contracting, Inc.) be moved, in order that they may be addressed immediately following Item 9.B. (Liddun Agreement) and renumbered as Items No. 9.B.B. and 9.B.B.B., respective- ly. Mayor Lynch noted that Item 8.N. has been added to the Consent Agenda. 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. 5. Dr. Alperin moved for approval of the minutes of the Regular Meeting of April 28, 1992, seconded by Mr. Andrews. Mayor Lynch requested that the word Community be replaced with the word Committee under Item No. 13.A.6. on Page 14, with reference to the Sister City. Dr. Alperin amended his motion, Mr. Andrews amended his second to include the change. 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 approval of the minutes of the Special Meeting of April 23, 1992, 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. Dr. Alperin moved for approval of the minutes of the Special Meeting of May 5, 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. 6. Proclamations. 6.A. Mr. Randolph read a proclamation proclaiming the week of May 10 through May 16, 1992 as "Police Week" and May 15, 1992 as "Peace Offi- cers Memorial Day". Mayor Lynch presented the proclamation to Chief Overman. 7. Presentations. NONE. The following items were considered by the Commission as the Consent Agenda: CONSENT AGENDA Dr. Alperin questioned the salary increase for school bus drivers and requested more information, referring to Item No. 8.A. 8.A. Approval of Agreement between the City and Palm Beach County School Board. The Commission is to consider approval of an agreement with the School Board to provide school buses and drivers for the Summer Day Camp programs. Approval is recommended. 8.B. Approval of an Agreement with Palm Beach County. The Commis- sion is to consider approval of an agreement with'Palm Beach County for the installation of a 24 inch raw water main on Linton Boulevard between Military Trail and Jog Road. Approval is recommended. 8.C. Guaranty Agreement/Dan Burns. The Commission is to consider approval of a guaranty agreement with Dan Burns in support of the July 4th fireworks display. Approval is recommended. 8.D. Renewal of Service Aqreement/Southern Bell. Renewal of the service agreement with Southern Bell is before the Commission for consideration. Approval is recommended. 8.E. Ratification of Education Board Recommendation. The Commission is to consider ratifying the recommendation of the Education Board to the Palm Beach County School Board which supports the expansion of the Montessori Magnet Program at S.D. Spady Elementary School. Ratification is recommended. 8.F. Resolution No. 50-92. Resolution No. 50-92, vacating and abandoning a 12 foot utility easement located within a portion of Parcel V, Abbey Delray South located just south of the L-36 Canal between -2- 5/12/92 Homewood Boulevard and the E-4 Canal, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 50-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 12 FOOT UTILITY EASEMENT LOCATED WITHIN A PORTION OF PARCEL V, PLAT OF ABBEY DELRAY SOUTH, AS RECORDED IN PLAT BOOK 41, PAGES 96 THROUGH 98 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 50-92 is on file in the official Resolution Book) 8.G. Acceptance of an Easement Deed. The Commission is to consider acce'pting an easement deed from Abbey Delray South to replace a previ- ously abandoned utility easement. Acceptance is recommended. 8.H. Authorization to Initiate Annexation. The Commission is to consider authorizing the calling-in of a water service agreement for the Delray Handy Mart located approximately 150 feet west of the northwest corner of Barwick Road and Atlantic Avenue. Approval is recommended. 8.I. Approval of Landscape Agreement/Executive Motors. The Commis- sion is to consider waiving the perimeter landscaping requirements and approval of an agreement for future landscaping of the Executive Motors site. Approval is recommended. 8.J. Resolution No. 49-92. Resolution No. 49-92, assessing the costs to abate nuisances on 32 properties located within the City, is before the ~Commission for consideration. Approval is recommended. The caption of Resolution No. 49-92 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. 49-92 is on file in the official Resolution Book) 8.K. Award of Bids and Contracts. Approval is recommended. -3- 5/12/92 1. July 4th Fireworks Display - Grucci, Inc., in the amount of $24,000 with funding from Commission Special Events (Account No. 001-1111-511-33.81) and private donations. 2. Cemetery Road - Asphalt Construction of Palm Beach, Inc., in the amount of $54,252.82 with funding from General Construc- tion Fund - Cemetery Entrance Road (Account No. 333-4511-539-61.39). 3. Rental Rehab - 102-128 S.W. 13th Avenue - MJD Construc- tion Services in the amount of $212,277 (City's Share $99,000) with funding from Community Development Rental Rehab (Account No. 118-1975-554-60.23). 4. Two (2) 3/4 Ton Trucks - Parks and Recreation - Duval Ford (State Contract) in the amount of $24,826 with funding from General Fund Park - Automotive (Account No. 001-4131-572-60.84/$12,000) and Beautification Trust Fund - Automotive (Account No. 119-4144-572-60.84/$13,000). 8.L. Authorization to Transfer Funds. The Commission is to consider authorizing staff to transfer funds in the amount of $33,100 to fund the Cason Cottage parking lot expansion project. Approval is recommended. 8.M. Agreement with the Palm Beach County Tax Collector. The Commission is to consider approval of an agreement with the Palm Beach County Tax Collector for the uniform collection of Stormwater Utility Fee assessments. Approval is recommended. 8.N. Service Authorization No. 9/CH2M Hill. The Commission is to consider approval of Service Authorization No. 9 in the amount of $8,461 to the contract with CH2M Hill for development of a purchase specifica- tion for lime and investigation of potential lime suppliers, evaluation of lime sludge disposal alternatives, equipment required to dispose of sludge and areas to stock pile excess sludge with funding from Water and Sewer - Engineering Services (Account No. 441-5122-536-33.11). Dr. Alperin moved for approval of the Consent Agenda, 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. 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 April 27, 1992 through May 8, 1992. Dr. Alperin expressed concern that, in the approval of the major site plan modification for M.A.B. Paints (located at the Shoney's Restaurant site north of S.E. 10th Street, between the Federal Highway -4- 5/12/92 pairs), there was a reduction in the required parking spaces. In addition, he requested confirmation with regard to the landscape plan requirement. David Kovacs, Planning Director, responded that part of the issue regarding the required parking is due to the offset of peak hours of the paint store and Shoney's. Dr. Alperin moved to receive and file this report, 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. Agreement with Liddun International Inc. The Commission is to consider an agreement with Liddun International, Inc., to bring a professional women's tennis tournament with the Kraft Tour to the City. The City Attorney advised that, with respect to concerns regarding the assignment clause, along with some relatively minor issues to be resolved in the previous draft of the agreement, the agreement has been lengthened. This helped to make a number of items more explicit with regard to the operation of holding this tournament if the City does indeed enter into the agreement. Should Liddun bring the tournament to Delray, the City is now guaranteeing the site for 1993, possibly a temporary site at the downtown facility. By July 1, 1992, the City has agreed to determine a temporary site for 1993 and a permanent site by October 1, 1992. The City's obligation is, basically, to build a tennis stadium and attendant facilities at an estimated cost of $1,000,000. Liddun will pay a license fee of $50,000 per year, which will cover approximately 45 to 50 percent of the debt service. In addition, the City is allowed to use this facility for other events, with commitments from the Countywide Sports Authority. This agreement is for a twenty year period; however, there is a possibility that Liddun could lose their rights to run this tournament after 1994. The assignment clause has been amended, leaving it not as restrictive as it originally was. The present language allows Liddun to transfer the tournament, as an asset, or transfer all the stock with the consent of the City. If they should transfer the tournament to some other corporate entity, they must remain as the managing agent of the tournament and Liddun International, Inc., must consist of the same current managers or transfers among themselves for this time period. If they do not follow this procedure, they must get approval from the City of Delray to alter this agreement. The City Attorney advised, with regard to indemnification issues, it is his perspective, that for 48 to 50 weeks out of the year the City will be in control and will be responsible for the safety and operation of the facility. For the remaining two to four weeks, Liddun will be the primary occupant and it will become their responsibility. Mayor Lynch commented that he and the City Manager had lunch with the investment partners from Ohio, who are interested in holding this tournament at Layer's and are hoping to close on the land by Friday. George Liddy, representing Liddun International, Inc., stated the tournament has been played at the Polo Club in Boca Raton for the -5- 5/12/92 past six years; however, the tournament has outgrown the Polo Club and accommodations are needed to allow for the increase in attendance. Upon question by Mayor Lynch, Mr. Liddy responded the tourna- ment is sponsored bY Virginia Slims next year, Kraft will be the sponsor through 1994 and it will then be open to a major sponsor. Mayor Lynch questioned the clause stating the City can hold no other tournaments during December 1 through July 1; also, that through- out the remainder of the year there can be no other women's tournament. Mr. Liddy stated he feels the opportunity to bring in another women's tournament is remote; however, they would be open to discussion if there should be a possibility of a mixed tournament. Mr. Mouw requested some economic projections. He also felt that the City should have something in writing from the Tourist Develop- ment Board (Sports Authority), as opposed to a verbal agreement. Discus- sion followed. Mr. Andrews questioned the status of public relations with regard to television and radio. The City Attorney advised that radio and television management are not willing to guarantee that they will provide that. Sheila Jaffe, resident, expressed her opposition to the spon- sorship by Virginia Slims. Mr. Andrews commented that he would like to hear from a profes- sional consultant as to the ultimate location that would best benefit the City. Dr. Alperin moved to approve the agreement with Liddun Interna- tional, Inc. in concept, subject to commitment/direction from the Sports Authority, resolving the indemnification issues, the usage limitation and the advertising, 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. 9.B.B. (9.M.) Collect.ive Bargaining Agreement. The Commission is to consider approval of the Collective Bargaining Agreement with the International Brotherhood of Firemen and Oilers (IBF&O). Dr. Alperin moved for approval of the IBF&O Contract, as presented, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.B.B.B. (9.F.) Request for Final Payment/Pioneer Contracting, Inc. The Commission is to consider approval of a request from Pioneer Con- tracting, Inc., for final payment in the amount of $85,487.53 for completion of the Fire Station No. 2 project. -6- 5/12/92 The City Attorney advised that the differences between the City, Currie Schneider, Architects, and Pioneer Contracting have been resolved. There was approximately $56,345.25 held in retainage on that project. Staff had agreed to pay Pioneer Contracting $66,463.25, subject to the architect's rights, an increase for the City of $10,000 over the retainage. In order to resolve this, the Commission is re- quested to consider paying Pioneer Contracting $61,463.25, which is about $5,000 over the retainage and paying Currie Schneider an addition- al $8,500, making a total City expenditure of $13,500 above and beyond that in the retainage. In addition, there is a $1,500 item that should be completed making a grand total of roughly $15,000 over retainage. He does not consider this an insignificant amount; however, this project was originally over $1,000,000 and the City is within one or two percent of the budget. Mr. Mouw moved for approval of the settlement as outlined by the City Attorney, seconded by Dr. Alperin. Upon roll call the Commis- sion 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.C. Appeal of Site Plan Review and Appearance Board Decision. The Commission is to consider approval of an appeal of a Site Plan Review and Appearance Board decision with regard to approval of a site plan modification for the 160 Center. Mr. Kovacs gave an overview of the appeal of the site plan modification showing the closing of an accessway between the 160 Center and the Regency Plaza. The owner of Regency Plaza feels that the cross access benefits both properties. Mayor Lynch requested confirmation that, as stated in the letter from Larry Shone, Attorney representing the 160 Center, the cross access easement was never approved on the original site plan. Mr. Kovacs advised the question may be that there was no easement granted by other property owners, but it is physically there. Mayor Lynch stated the complaint is that the original site plan required that there be an easement granted in order for the cross access to be obtained; however, the property owner to the south did not grant that easement and yet it was allowed. Mr. Kovacs commented that this took place seven years ago and there are now two processes currently in place to eliminate a repeat of this, both of which he explained to the Commission. Discussion followed. Dr. Alperin moved to deny the appeal, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. PUBLIC HEARINGS -7- 5/12/92 10.A. Ordinance No. 16-92. Ordinance No. 16-92, changing the City's Land Use Plan Designation in the Comprehensive Plan from Transitional to General Commercial for property located on the northwest corner of Barwick Road and West Atlantic Avenue, amending the Land Use Plan and providing for exemption from the transmittal and ORC process, 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. 16-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR THE EAST 43.16 FEET OF LOT 7 AND LOT 8 (LESS THE NORTH 8 FEET AND SOUTH 28.25 FEET RD R/W THEREOF), HIGHLAND TRAILER PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 213 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM TRANSITIONAL TO GENERAL COMMERCIAL; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND WEST ATLANTIC AVENUE; AMENDING THE LAND USE PLAN; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL- AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 16-92 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. Helen Coopersmith, High Point, questioned what uses are avail- able should the zoning designation be adopted for General Commercial. Mr. Kovacs responded that anything allowed in the General Commercial designation can be put there. The specific request is for modifying the gasoline station and possibly adding a car wash. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 16-92 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. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. -8- 5/12/92 ll.A.1. The City Manager stated in response to the query by Jerry Marshall for a request to have the County install a pedestrian crossing sign at the South County Mental Health Facility with Walmart across the street and it is being worked on. ll.B.1. Jean Beer, 945 Tropic Boulevard, announced that the 'Save Our Homes' petition drive is about 10,000 petitions short in District 14. They need volunteers to man card tables in front of the Post Offices to obtain more petitions. If anyone would be willing to help, they can contact her or Bill Ohme on Cypress Drive in Delray. ll.B.2. Ms. Beer also announced that another group has been working on the petition appeal process for making property appraisals more equit- able. There will be a meeting of the Value Adjustment Board on May 20, 1992 at 2:00 P.M. in the County Commission Chambers. The public is welcome. ll.B.3. Jerry Marshall, resident, stated he has been working closely with the Haitian Chamber of Commerce. At the end of the month there will be a dinner to help raise funds for scholarships to young Haitian- Americans. He urged anyone interested to purchase their tickets soon at $75.00 per couple for the dinner, dancing and entertainment. FIRST READINGS 12.A. Ordinance No. 17-92. Ordinance No. 17-92, clarifying the powers of the Community Redevelopment Agency and modifying the CRA Plan, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 26th. The City Manager presented Ordinance No. 17-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, SECTION 8.1.1(D), "DELEGATION OF POWER", TO PROVIDE THAT THE POWER TO APPROPRIATE FUNDS AND MAKE EXPENDITURES TO CARRY OUT THE PURPOSES OF THE "COMMUNITY REDEVELOPMENT ACT OF 1969" IS DELEGATED TO THE COMMUNITY REDEVELOPMENT AGENCY, PROVIDING FURTHER THAT THE CITY OF DELRAY BEACH ALSO RETAINS SUCH POWERS; AND MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA, IN ITS ENTIRE- TY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIRE- MENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. -9- 5/12/92 Mr. Randolph moved for the adoption of Ordinance No. 17-92 on First Reading, 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. 12.B. Ordinance No. 18-92. Ordinance No. 18-92, amending Chapter 92 of the Code of Ordinances by repealing Sections 92.01 through and including 92.20 and enacting new Sections 92.01 through 92.20 to provide updated regulations with regard to the operation and mooring of boats within the City, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held May 26th. The City Manager presented Ordinance No. 18-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 92, "BOATS AND BOATING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTIONS 92.01 THROUGH AND INCLUDING 92.20 AND ENACTING NEW SECTIONS 92.01 THROUGH 92.03 TO PROVIDE FOR POSTING OF SIGNS REGARD- ING ANCHORING AND MOORING TO PUBLIC PROPERTY; TO PROVIDE FOR A LIMITATION OF BOATS OR VESSELS UPON ANY WATERWAY WITHIN THE CITY; TO PROVIDE FOR THE PEACEFUL AND QUIET OPERATION OF OUTBOARD WATER CRAFT WITHIN THE CITY; BY CREATING A NEW SECTION 92.10 TO PROVIDE FOR THE PROHIBITION OF MOORING OR ANCHORING ON OR TO PUBLIC PROPERTY WITH THE EXCEPTIONS OF KNOWLES PARK, VETERANS PARK AND THE CITY MARINA; BY CREATING NEW SECTIONS 92.15 AND 92.16 TO PROVIDE FOR THE LICENSING OF EXCURSION BOAT OPERATIONS CONDUCTED FROM VETERANS PARK; BY CREATING NEW SECTIONS 92.19 AND 92.20 TO PROVIDE FOR MOORING OR ANCHORING OF BOATS IN RE- STRICTED AREAS AND PRIVATE PROPERTY; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 18-92 on First Reading. 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. At this point the Commission returned to the Regular Agenda. 9.D. Appeal of Site Plan Review and Appearance Board Decision. The Commission is to consider approval of an appeal of a Site Plan Review and Appearance Board decision with regard to the imposition of condi- tions on the approval of a site plan for JBA Investments, Inc. -10- 5/12/92 Mr. Kovacs gave an explanation regarding the decision of the Site Plan Review and Appearance Board. The two points of contention on the appeal are as follows: (1) a requirement to install curbing around landscape areas in the parking lot and (2) a requirement to dedicate 10 feet of right-of-way along Dixie Highway, both of which are pursuant to the Land Development Regulations. Jacob Ben-Ari, applicant, presented a rendering of proposed site improvements, including facade alterations and the installation of a new parking lot and associated landscaping. Discussion followed. Dr. Alperin moved that 10 feet of right-of-way be obtained, as marked, and give permission for five feet to be used as landscaping for JBA Investments, Inc., with the understanding that when the City needs it, the landscaping must be removed, seconded by Mr. Andrews. Upon discussion, the Commission concurred that the applicant could landscape, but not install parking, anywhere within the ten foot dedication. Dr. Alperin amended his motion to include the modification, 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. 9.E. .Appeal of Site Plan Review and Appearance Board Decision. The Commission is to consider approval of an appeal of a Site Plan Review and Appearance Board decision with regard to the architectural eleva- tions for Griffin Gate located on the east side of Swinton Avenue, south of S.E. 4th Street. Dr. Alperin expressed concern with regard to the elevations that will be viewed from Swinton Avenue; in addition, he noticed the duplexes show four bedrooms as opposed to a choice of a three or four bedroom duplex. Mr. Randolph objected to the Commission dictating to the developer whether or not he is required to build a three or four bedroom duplex. Chris Brown, Executive Director of the CRA, responded that a three bedroom and a four bedroom plan has been submitted. Fred Griffin, applicant, explained that no two duplexes with the same elevation will be built side by side, but the designs will be staggered. Mr. Brown advised that the Homeowners' Association documents are in the process of being prepared. Discussion followed. Mr. Andrews stated he also feels that zero lot line homes are in this configuration and, if all the duplexes were four bedrooms, that -11- 5/12/92 is a density that would be much too high. This is something that the Commission has not addressed, but he strongly feels it should be. Mayor Lynch suggested that it be placed on a workshop at some future date for discussion. Dr. Alperin moved to approve the appeal with the requirement of usage of the three different facades and no two being adjacent, 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.G. Resolution No. 51-92. Resolution No. 51-92, authorizing the Community Redevelopment Agency to purchase property located at 64 N.E. 2nd Avenue at the RTC Auction being held on May 16, 1992, is before the Commission for consideration. The City Manager presented Resolution No. 51-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY PURCHASE; PROVID- ING FURTHER, THAT THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FINDS THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED AREA AND THE REHABILITATION, CONSERVATION OR REDEVELOPMENT, OR COMBINATION THEREOF, OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 51-92 is on file in the official Resolution Book) Assistant City Attorney Tolces stated this is before the Commission in order to allow the CRA to bid on the property at 64 N.E. 2nd Avenue, the Ocean City Lumber property. The City Manager questioned the highlighting of Block 76 and Block 84 as it was his understanding that Block 76 only was involved. Mr. Andrews commented that he would like the CRA to have the ability to use Pinepple Grove money if they feel that Block 84 might be falling into the wrong hands with regard to retail development. Upon question, Mr. Andrews stated he would be willing to give not only authorization, but direction, to make sure this falls into the right hands. He feels it is a critical part of downtown. Dr. Alperin moved for the adoption of Resolution No. 51-92, 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. -12- 5/12/92 9.H. Resolution No. 52-92. Resolution No. 52-92, adopting a resolu- tion supporting voter control of local taxes, is before the Commission for consideration. The City Manager presented Resolution No. 52-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A STATE CONSTITUTIONAL AMEND- MENT WHICH PROVIDES FOR VOTER CONTROL OF CITY TAXES. (Copy of Resolution No. 52-92 is on file in the official Resolution Book) The City Manager stated there is a proposal that has been supported by the Florida League of Cities placing on the fall ballot a Constitutional Amendment, if adopted, allowing cities to design their individual tax structures. The request is for the City of Delray to adopt this resolution in support of placing this amendment on the ballot for a referendum this coming fall. The Commissioners posed many questions and expressed a desire for more detailed information regarding exactly what is encompassed within the scope of this resolution and what specific issues, if any, are being proposed at this time. Mr. Mouw moved to defer this item to the May 26th Regular Meeting, 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.I. Resolution No. 53-92/Mid-Year Budget Review. Resolution No. 53-92, amending Resolution No. 71-91 which made appropriations of sums of money for all necessary expenditures of the City for Fiscal Year 1991-92 by setting forth the anticipated revenues and expenditures for the Water and Sewer Fund for Fiscal Year 1991-92 and making appropriate adjustment to budget line items in various departmental budgets, is before the Commission for consideration. The City Manager presented Resolution No. 53-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-91 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1991-92, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE WATER AND SEWER FUND FOR THE FISCAL YEAR 1991-92; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (Copy of Resolution No. 53-92 is on file in the official Resolution Book) -13- 5/12/92 Joe Safford, Finance Director, touched briefly on the press recently received on delinquent liens. In clarification, he advised that he and the City Manager reviewed the outstanding liens as of last October, for properties that have been cleared by the City in some manner, and dating back to 1983. A major collection effort is now in force and the City has collected over $60,000 in delinquent liens. He feels the press indicated a negative situation and he feels the City has turned this into a very positive issue. Mr. Safford advised that there are no significant problems with regard to the mid year budget review and the total operation of the City. He gave a brief update on revenues and expenditures and approp- riate adjustments made to line items in various departmental budgets. Dr. Alperin moved for the adoption of Resolution No. 53-92, 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.J. Replacement of Member on the Neighborhoods Task Team. The Commission is to consider the appointment of Victor Flores to the Neighborhoods Task Team in place of Lillian Flores. Mr. Andrews left the Commission Chambers at this time. Dr. Alperin moved for the appointment of Victor Flores to the Neighborhoods Task Team, 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. Mr. Andrews returned to the Commission Chambers at this time. 9.K. Status Report/The Groves of Delra¥ Project. The Commission is to consider staff's report concerning complaints filed by the homeowners in the Southridge area with regard to The Groves of Delray project. Assistant City Attorney Tolces stated on April 23 several residents of the Southridge area filed a complaint with the City Clerk, alleging that the action taken by the City Commission on March 24, 1992, on The Grove Development was inconsistent with various policies and objectives of the Comprehensive Plan. He outlined the major points that the residents of Southridge included in their complaints. The com- plaints are currently being reviewed and a determination has not been made at this time. Mr. Andrews questioned how size relates to this project as opposed to other projects in order to get a sense of scale. Assistant City Attorney Tolces responded the City Attorney's office will not be giving the Commission that type of determination in relation to this action. The main allegation of the residents is whether or not the City was justified in approving the project, not as a matter of size, but the development as a whole. -14- 5/12/92 Dr. Alperin expressed the view that the Sunshine Law inhibits Assistant City Attorney Tolces from giving the Commission a true opin- ion, because of potential litigation. He feels each Commissioner should be spoken to, individually, due to the Sunshine Law. Assistant City Attorney Tolces stated he would schedule individual meetings with the Commission over the next week or so. 9.L. Authorization to Transfer Funds/1992 Utility Tax Bond. The Commission is to consider authorizing staff to transfer funds to cover the negative balance in the City Hall Expansion Project fund from the 1992 Utility Tax Bond Issue and interest earnings account. Mr. Andrews moved for approval to authorize the transfer of funds, 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Andrews stated a problem remains with the Landscaping Code regarding signs being obscured by trees, specifically at Shoney's Restaurant. 13.A.2. Mr. Andrews requested that the City Manager have a look at the problems regarding the street repair on Bond Way. 13.A.3. Mr. Andrews commented that he has received calls from apprecia- tive residents in the northeast section of the City, relating to the work being done by the Code Enforcement Department. 13.A.4. Mr. Andrews suggested that, on some future agenda, he would like to show ratios of areas in living units as to what quality environ- ment is and what is not. 13.A.5. Mr. Andrews expressed concern regarding the Ocean City Lumber property and the possibility that the award of bid might go to someone who will landbank it, leaving the City with a property that is not going forward in a positive mode. 13.A.6. Mr. Randolph recommended that the lien process should be reviewed because of charges for lot cleaning, mowing, etc. He feels the public is being gouged and the City should have a handle on what these contractors are charging. The City Manager stated that this is a bid award. 13.A.7. Mayor Lynch stated he attended a meeting today, headed by Ken Ellingsworth, regarding the City's Sister City. A letter has been sent to the Mayor of Miyazu inviting him and his party to the dedication of Morikami to be held in January, 1993. He feels there should be some function that would be supportive of the Sister City program at that time. -15- 5/12/92 13.A.8. Mayor Lynch stated that he and the City Manager met today with the people who are planning to purchase Laver's, who appeared to be a positive group. The decision is scheduled to be made on Friday. 13.B. There were no comments and inquiries on Non-Agenda items from the City Attorney. 13.C.1. The City Manager stated he received a call today from the City Manager of Highland Beach inquiring about the Coastal Construction Control line and whether the City of Delray had any proposed plans. Mayor Lynch stated it is his understanding that the line is to be moved roughly 125 feet inland, which means that those homes along the ocean that will then become non-conforming will be unable to rebuild if they should be destroyed in the event of a disaster. He feels those citizens should be advised in order that they might have an opportunity to attend those hearings; however, it is a Cabinet decision and not one made by the Legislature. 13.C.2. The City Manager stated at the last Workshop session the Commission had requested that staff look at the possibility of retaining an advertising and marketing agency to help design some ads or presenta- tions regarding beach renourishment and the turtle issue. The cost estimates range from $2,000 to $6,000 depending on how much is done towards compiling an ad for a newspaper. Should a 30-second TV adver- tisement be used, the cost would increase by another $2,000. Mr. Andrews suggested that this be placed on an upcoming workshop for discussion. 13.C.3. The City Manager advised that the deadline for reporting his recommendations to the Commission regarding the resolution of the impasse with the Firefighters is Thursday. A hearing date needs to be scheduled on their contract. The Commission concurred to tentatively schedule this meeting for next Tuesday, May 19, 1992. Mayor Lynch declared the meeting adjourned at 9:30 P.M. ATTEST: -16- 5/12/92 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 Tuesday, May 12, 1992, which minutes were formally approved and adopted by the City Commission on ~ ~ ~?~Q . -- JCity' C~rk ~ 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. -17- 5/12/92