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05-26-92 MAY 26, 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, May 26, 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 Veterans Chaplain Harold D. Blank of American Legion Post 65. 3. The Pledge of Allegiance to the flag of the United States of America was given. 6. Proclamations. 6.B. Mayor Lynch presented a proclamation proclaiming the week of June 7 through June 13, 1992, as "National Safe Boating Week". 6.D. Mayor Lynch read and presented a proclamation expressing best wishes for a successful future for the Atlantic Community High School Auditorium. Carole Shetler, Principal of Atlantic High School, came forward to accept the proclamation. 6.A. Mr. Mouw read and presented a proclamation proclaiming June 1, 1992 as "Navy League Day". Jose Echeverria, Navy League President, came forward to accept the proclamation. Mr. Echeverria introduced represen- tatives of the various legion posts at this time. 6.C. Mayor Lynch read and presented a proclamation proclaiming June 14, 1992 as "National Flag Day" Tom Haenlon read a tribute to the flag of the United States of America. 4. The City Attorney requested that Item No. 9.F. be withdrawn until the Regular Meeting of June 16, 1992. The City Manager requested that Item No. 9.C. be considered immediately following Item No. 10.A. The City Attorney advised that Item No. 8.C., Resolution No. 61-92 on the Consent Agenda must be modified to reflect that the City is receiv- ing an assignment from the CRA. Mayor Lynch requested that Item No. 8.E. on the Consent Agenda be moved to the first item on the Regular Agenda as Item No. 9.A.A. Dr. Alperin moved for 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 for approval of the Regular Meeting minutes of May 12, 1992, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved for approval of the minutes of the Special Meeting of May 15, 1992, 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. 7. Presentations. 7.A. Downtown Development Authority Presentation of $850 to the Police Department for the Purchase of a Fully Equipped Mountain Bicycle for the Police Officer Patrolling downtown Delray Beach. Frank Spence, Executive Director of the DDA, presented a check in the amount of $850 to Sgt. Lunsford and Officer Sherry Settelen, for use by the downtown patrol officer. 7.B. Dr. Franklin Boyar - Presentation of a Pilot Program, "Project Dental Care". Dr. Boyar, President of the Atlantic Coast District Dental Association, gave a brief explanation of the program that will provide free dental care to children who would not otherwise be able to afford treatment. He requested that the City endorse this project and support their program. The following items were considered by the Commission as the Consent Agenda: CONSENT AGENDA 8.A. Amendment to the Agreement with the Solid Waste Authority. The Commission is to consider approval of an amendment to the agreement for municipal recycling with the Solid Waste Authority which extends the terms of the agreement to September 30, 2000. Approval is recommended. 8.B. Acceptance of Easement Deeds. The Commission is to consider acceptance of a 20 foot utility easement along the south property line of Lot 170, as well as an easement across the south two feet of the north eight feet of Lots 1-8 of the Highland Trailer Park Subdivision. Acceptance is recommended. -2- 5/26/92 8.C. Resolution No. 61-92. Resolution No. 61-92, authorizing the City to purchase property located at 141 S.W. 12th Avenue which will be used as a Police substation, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 61-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED AT 141 S.W. 12TH AVENUE, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF CONTRACTS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 61-92 is on file in the official Resolution Book) 8.C.1. Accept Assignment and Approve Contract for Purchase/Police Substation. The Commission is to consider acceptance of an assignment from the Community Redevelopment Agency and approve the contract to purchase property located at 141 S.W. 12th Avenue. Funding is available in the General Construction Fund Prior Year Surplus (Account No. 334-0000-301-34.00). Acceptance is recommended. 8.C.2. Approval of Temporary Use Permit/Police Substation. The Commission is to consider approval of establishing a temporary use, Police Substation, at 141 S.W. 12th Avenue for a period of three years. Approval is recommended. 8.D. Resolution No. 59-92. Resolution No. 59-92, abandoning a drainage easement located on the southeast corner of Lake Ida Road and Roosevelt Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 59-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 50 FOOT DRAIN- AGE EASEMENT LOCATED WITHIN THE SW 1/4 OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 59-92 is on file in the official Resolution Book) 8.E. SEE ITEM NO. 9.A.A. (REGULAR AGENDA) 8.F. Resolution No. 55-92. Resolution No. 55-92, assessing costs for abatement action required to board up an unsafe struc- ture (rear) at 382 N.E. 3rd Avenue, is before the Commission for consideration. Approval is recommended. -3- 5/26/92 The caption of Resolution No. 55-92 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. 55-92 is on file in the official Resolution Book) 8.G. Resolution No. 56-92. Resolution No. 56-92, assessing costs for abatement action required to board up an unsafe structure (front) at 382 N.E. 3rd Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 56-92 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. 56-92 is on file in the official Resolution Book) 8.H. Resolution No. 57-92. Resolution No. 57-92, assessing costs for abatement action required to board up an unsafe structure at 2108 S.W. 13th Court, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 57-92 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 -4- 5/26/92 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. 57-92 is on file in the official Resolution Book) 8.I. Resolution No. 58-92. Resolution No. 58-92, assessing costs for abatement action required to re-secure a window on an existing boarded up structure at 141-143 S.W. 12th Avenue, is before the Commis- sion for consideration. Approval is recommended. The caption of Resolution No. 58-92 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. 58-92 is on file in the official Resolution Book) 8.J. Award of Bids and Contracts. Approval is recommended. 1. Pompey Park Press Box - Parks and Recreation - R.P.M. Construction Company, Inc., in the amount of $29,379 with funding from Community Development - Pompey Park Improvements (Account No. 118-1962-554-60.20). 2. Wellfield Rehabilitation Construction - Environmental Services - Meridith Corporation in the amount of $198,383 with funding from Water and Sewer Renewal and Replacement Fund (Account No. 442-5178-536-61.82/$192,957.19) and 1991 Water and Sewer Revenue Bond (Account No. 447-5171-536-60.31/$5,425.81). 3. Wrecker/Towing Services - Police Department - Zuccala Wrecker Service, Inc., in the amount of $108,100 (no City funding is involved). 4. Boy Scout Hut/Enfield Road Improvements - Environmental Services - Asphalt Construction of Palm Beach in the amount of $123,328.20 with funding from 1987 Utility Tax - Boy Scout Hut (Account No. 333-4141-572-61.37/$69,000), 1987 Utility Tax - -5- 5/26/92 Cemetery Road (Account No. 333-4511-539-51.39/$31,000) and Decade of Excellence Bond Issue Interest Earnings (Account No. 225-0000-301-25.00/$28,328.20). Dr. Alperin moved for approval of the Consent Agenda, as amended, seconded by Mr. Andrews. 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. REGULAR AGENDA 9.A.A. (8.E.) Resolution No. 60-92. Resolution No. 60-92, vacating and abandoning a 12 foot wide water distribution utility easement and a 12 foot wide sanitary sewer utility easement located within the Replat of Delray Mall, is before the Commission for consideration, subject to the conditions that, prior to recordation of the abandonment resolution, the existing water and sewer mains be relocated and replacement easements provided; and, that a financial quarantee be provided for the construc- tion and maintenance of the relocated mains. Approval is recommended. The City Manager presented Resolution No. 60-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF. DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TWELVE (12) FOOT WIDE WATER DISTRIBUTION UTILITY EASEMENT AND A TWELVE (12) FOOT WIDE SANITARY SEWER UTILITY EASEMENT LOCATED WITHIN THE REPLAT OF DELRAY MALL AS RECORDED IN PLAT BOOK 58, PAGE 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 60-92 is on file in the official Resolution Book) Mayor Lynch stated that the CRA made an announcement this morning that they have a letter of intent to construct a theater in downtown Delray. He questioned if this would create a conflict with what may be done at the Delray Mall and is the variance requested by the Delray Mall actually doubling the size of the original request. David Kovacs, Director of Planning, responded that this item deals with a need to relocate the water and sewer main easement in order for the mall building to add an expansion. The Site Plan Review and Appearance Board approved a site plan last week, which accommodated the expansion of the building by approximately 5600 square feet. This modification will allow a ten plex as opposed to the original eight plex. Mr. Mouw moved for the adoption of Resolution No. 60-92, 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. -6- 5/26/92 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 May 11, 1992 through May 22, 1992. Mayor Lynch expressed concern with regard to the coordination of the movie theaters that are proposed for the City and would like to ensure that the City gets the best for its public. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.B. 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 stated the agreement continues to contemplate either the downtown site or the Layer's site. A decision on where the 1993 tournament is to take place will be made by July 1, 1992. By October 1, 1992, a decision must be made with respect to anything beyond that date. A provision has been added to the agreement regarding advertising on television and the indemnification and hold harmless language has been resolved to the extent that Liddun will indemnify the City and hold the City harmless unless there is gross negligence or willful misconduct on the part of the City or its representatives. It is his understanding that Liddun is willing to sign off on the agree- ment; however, there is some financial information that the City Manager desires to relate to the Commission. The City Attorney stated that tonight he distributed to the Commission a report of the quiet title action on the City's tennis court property and how it may impact a decision. The City Manager stated that the Sports Authority responded to previous questions regarding costs estimates for temporary facilities for the tournament by recommending that $25,000 be approved for the 1993 tournament. Their funding of events is based on a year-by-year grant process, so there is no long-time guarantee. The City Manager commented that there has been considerable discussion about funding, depending on the ultimate site. The package most discussed is one with an approximate estimate of one million dollars for the stadium, with half the debt service being paid by the $50,000 annual fee the City would receive from the tournament owner. The remaining $500,000 could be funded from a couple of different sources; partially from the General Capital Improvements Fund and, partially from interest on bond issues, which are not designated for any particular project at this time. If the tournament site should be located downtown, it will be funded in conjunction with the long-planned refurbishment of the entire tennis center. The CRA is currently working on community input. Parking has been another issue, but there seems to be no problem by using other facilities and busing people. -7- 5/26/92 The City Manager also commented that the attorneys in Atlanta that are working with the possible German purchasers, have found nothing in the documents to cause concern. At this time the closing has been rescheduled for Thursday. Dr. Alperin stated he has concerns regarding the title issue. Mr. Mouw expressed concern with the Sports Authority and the $25,000 they have indicated they will cover. It is his recommendation that any balance should be picked up by Liddun International, Inc. Mr. Andrews commented that he would like all questions answered before a final decision is made. Mr. Randolph questioned the time frame involved in deliberation before a decision must be made. The City Attorney responded that the City has another week to resolve their concerns. He also recommended that it be put on the Workshop scheduled for June 2, 1992, as a Special Meeting item. The Commission concurred to have it placed on the Workshop Agenda, as a Special Meeting item. 9.D. Temporary Closure of Palm Square. The Commission is to consid- er a recommendation from the Planning and Zoning Board with regard to the temporary closure of Palm Square. Approval is recommended. Mr. Kovacs advised that a baseline traffic study was completed, as requested by the Commission, and then returned to the Planning and Zoning Board for consideration, who recommended to the Commission that a trial period not be initiated with regard to a trial closing of Palm Square. Discussion followed. The Commission concurred to direct staff to leave the street open at this time, work with the Homeowner's Association and reschedule a traffic study to be made during the upcoming season after the new facility is open. At this point, the time being 7:07, the Commission moved to the duly advertised Public Hearing portion of the Agenda. PUBLIC HEARINGS 10.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 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. 17-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT -8- 5/26/92 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; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 17-92 is on file in the official Ordi- nance Book) Assistant City Attorney Tolces read the caption of the ordi- nance. 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. Mayor Lynch stated, in the section of regulations, the reason the powers to make agreements with the Delray Beach Housing Authority was not given to the CRA, was because the City already had a Housing Authority and one of the current Commissioners wanted the CRA to be more involved in housing, the creation of housing, infill housing, etc., without excessive duplication. He feels that at some point in time, it might be well for the CRA and the Housing Authority to work together in a joint effort to improve the quality and create more housing; however, there is no provision in the current ordinance to allow that to happen. Dr. Alperin moved for the adoption of Ordinance No. 17-92 on Second and FINAL Reading, 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. 10.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 SeCond and FINAL Reading. The City Manager presented Ordinance No. 18-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL -9- 5/26/92 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 AND ANCHORING ON OR TO PUBLIC PROPERTY WITH THE EXCEPTION 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 RESTRICT- ED AREAS AND PRIVATE PROPERTY; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 18-92 is on file in the official Ordi- nance Book) Assistant City Attorney Tolces read the caption of the ordi- nance. 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. Dane Mark, Captain of "Ramblin' Rose Riverboat, Inc.", ques- tioned the method of enforcement according to the Code of Ordinances, especially in the area of posting signage. He also questioned if it would be possible to post a "No Wake" sign. The City Manager advised the City has no authority to post a sign establishing a speed limit or "No Wake" designation in the Intracoastal Waterway; however, a request can be submitted to the Department of Natural Resources, which requires extensive documentation. Captain Mark also questioned if Section 92.16, Long Term License, is just a general ordinance. Assistant City Attorney Tolces responded that was correct. Upon question by Captain Mark with respect to the improvements that are being made to Veterans Park, the City Manager stated the northern portion of the park is scheduled to be completed by mid Novem- ber, but the southern part will not be completed until the summer of 1993. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 18-92 on Second and FINAL Reading, 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. -10- 5/26/92 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. ll.A.1. The City Manager stated there were no inquiries requiring a response at the last Regular Commission Meeting. ll.B.1. Jack Cannon, Boca Raton, reiterated his opposition in allowing Virginia Slims to be a sponsor of the upcoming tennis tournament. ll.B.2. John Eudy, Manager of the Delray Beach Mall, requested a clarification of the earlier discussion regarding the theater located at the Delray Beach Mall. Mayor Lynch advised that it was approved; however, he suggested that Mr. Eudy work with the Community Redevelop- ment Agency in order that Delray does not have competing interests and lose out in the end. ll.B.3. Frank Spence, advised that the Palm Beach County Board of Commissioners today approved the City's request to transfer jurisdiction and maintenance of a number of streets from the County to the City of Delray, with the exception of N. Dixie Highway, due to a request from the Attorney representing Preston Henn, who was granted a 60-day exten- sion. ll.B.4. Lillian Feldman, Delray, questioned when Atlantic Avenue west of 1-95 is scheduled to be widened. A consensus indicated that it would commence sometime in the fall. 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 June 16th. 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 MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY; PROVIDING FOR DEFINITIONS; PROVIDING FOR OBJECTIVE STANDARDS FOR THE LOCATION OF MOVABLE FIXTURES IN THE RIGHT-OF-WAY; PROVIDING STANDARDS FOR INSTALLATION AND MAINTENANCE OF NEWSRACKS; PROVIDING FOR ENFORCEMENT BY CODE ENFORCE- MENT DEPARTMENT; PROVIDING FOR SPECIFIC APPELLATE REMEDIES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -11- 5/26/92 The City Attorney read the caption of the ordinance. Martin Berg, Attorney, representing the publisher of Show and Sell, an informational magazine, stated his client and Sell has cooper- ated in the past in an attempt to resolve the Newsrack issue. He questioned if an ordinance is necessary, as opposed to an agreement, if it is constitutional and if it is in the best interest of the home- owners. It is his suggestion that no legislative body should impose its hierarchy of information on the citizens, nor should it be taken away. One solution might be to have one designated area as a news-vending area. Chris Simon, representing the Palm Beach Post, stated, due to a lack of communication, neither she nor her client have had an opportun- ity to review this revised ordinance and she does not feel she is in a position to evaluate or express an opinion as to the effect this might have. She questioned if the color limitation is a definite, and stated, if so, this will mean litigation and considerable expense to all con- cerned. The City Attorney stated if anyone is prepared to submit a draft agreement, the City Attorney's office will review it; however, to date there have been no proposals. Helen Coopersmith, Chairman of PROD, stated the greatest concern of the members, is the dangerous traffic situations that arise as a result of placement of these news-vending areas. Dick Eckerle, Woodlake, commented that the Homeowner's Associa- tion of Woodlake maintains the walkway along Homewood Boulevard where one of the major newspapers placed a newsrack, creating a traffic hazard. They were requested to remove the newsrack and, when they did not cooperate, the Homeowner's Association removed it and it is yet to be picked up. Mr. Andrews moved for the adoption of Ordinance No. 15-92 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; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 19-92. Ordinance No. 19-92, annexing to the City the Highland Trailer Park property located on Barwick Road approximately 180 feet north of West Atlantic Avenue with an initial zoning of MH (Mobile Home), is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held June 23rd. The City Manager presented Ordinance No. 19-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND -12- 5/26/92 BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON BARWICK ROAD, APPROXI- MATELY 143 FEET NORTH OF WEST ATLANTIC AVENUE; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MH (MOBILE HOME) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 19-92 on First Reading, 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. 12.C. Ordinance No. 20-92. Ordinance No. 20-92, annexing to the City the G&Z Auto Care property located on the northwest corner of Atlantic Avenue and west of Barwick Road with an initial zoning of GC (General Commercial), is before the Commission for consideration on First Read- ing. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held June 23rd. The City Manager presented Ordinance No. 20-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Mayor Lynch left the Commission Chambers at this time and Vice-Mayor Alperin took the Chair. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 20-92 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -13- 5/26/92 12.D. Ordinance No. 21-92. Ordinance No. 21-92, annexing to the City the Delray Farmers Market and Handy Mart property located west of Barwick Road on the north side of West Atlantic Avenue with an initial zoning of NC (Neighborhood Commercial), is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public hearing will be held June 23rd. The City Manager presented Ordinance No. 21-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED WEST OF BARWICK ROAD ON THE NORTH SIDE OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS ~ND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 21-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 12.E. Ordinance No. 22-92. Ordinance No. 22-92, amending the Land Development Regulations to provide for a more appropriate application of stacking distance requirements at the entry to parking lots, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held June 16th. The City Manager presented Ordinance No. 22-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER SIX, "INFRA- STRUCTURE AND PUBLIC PROPERTY', SECTION 6.1.4, "DRIVE- WAYS AND POINTS OF ACCESS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBPARAGRAPH 6.1.4(B) (3) (d) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH 6.1o4(B) (3) (d); AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMEND- ING SUBPARAGRAPH 4.6.9(D) (3) (c), "STACKING DISTANCE", TO PROVIDE FOR A MORE APPROPRIATE APPLICATION OF -14- 5/26/92 STACKING DISTANCE REQUIREMENTS AT THE ENTRY TO PARKING LOTS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 22-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point the Commission returned to the Regular Agenda. 9.C. Approval of Guarantee of Repayment/Line of Credit Agreements - Old School Square. The Commission is to consider approval of a guaran- tee of repayment agreement between the City and Community Redevelopment Agency and a line of credit agreement between the City and Old School Square, Inc., for funding to renovate the Theater Arts Building. City Manager recommends approval. Mayor Lynch returned to the Commission Chambers at this time. Mr. Andrews left the Commission Chambers at this time. Assistant City Manager Barcinski reviewed an approval of a loan to Old School Square, Inc., at a December, 1991 Regular Commission Meeting in the amount of $435,000 for renovation of the Theater Arts Building, with the condition that Old School Square obtain a commitment from the CRA to guarantee the repayment of the loan to the City. The guarantee of repayment agreement before the Commission tonight provides that the CRA will guarantee the payment of the indebtedness to the City by Old School Square and any accrued interest. In a separate agreement between Old School Square and the CRA, the CRA provides that during the term of the agreements, the CRA shall be granted an ex-officio seat on the Old School Square Board of Directors. Dr. Alperin moved to accept the guarantee from the CRA, second- ed 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 to accept the Line of Credit Agreement with Old School Square, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Andrews returned to the Commission Chambers at this time. 9.E. Request ~or Extension of Temporary Certificate of Occupancy. The Commission is to consider a request for a six-month extension of the Temporary Certificate of Occupancy for the Sundy House Restaurant, contingent upon receipt of the appropriate fee. A Final CO will not be issued until the following outstanding items are addressed: -15- 5/26/92 completion of the on-site parking area revision and approval of the final plat document revision to the Unity of Title receipt of an easement deed from St. Paul's Church receipt of a final site plan. Approval is recommended. Mr. Mouw questioned the reason for the fee. The City Manager responded that a tremendous amount of staff time has been expended, and will continue to be expended on this project, due to the development of changes as it progresses. Dr. Alperin moved for approval of a temporary CO until December 1, 1992 with receipt of the appropriate fee, 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. WITHDRAWN TO JUNE 16, 1992 9.G. Assignment of License Aqreement/ISAN Charters, Inc. The Commission is to consider approval of the assignment of the license agreement from ISAN Charters, Inc., to Ramblin' Rose Riverboat, Inc. Approval is recommended. Mr. Randolph moved for approval of the request to reassign the charter boat license agreement to Ramblin' Rose Riverboat, Inc., second- ed 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.H. Comprehensive Plan Amendment 92-2. The Commission is to consider authorizing staff to initiate Comprehensive Plan Amendment 92-2. Planning and Zoning Board recommend approval. Mr. Kovacs stated the three major features of proposed Amend- ment 92-2 are as follows: 1. Salient concepts of the CBD-GAE, "Urban Village" scenario which was embraced within the City's GAE application. Changes are made to the Land Use Element to reflect the land use mix in the CBD, including the ability to have residential density up to thirty units per acre. Also, changes are made to the Traffic Element to accommodate new L.O.S. standards. 2. Changes to the Traffic Network Map relating to updated L.O.S. standards, updated roadway jurisdiction and street name changes. 3. A Future Land Use Map Amendment introducing Industrial land use to the area around the Series 20 Wellfield. -16- 5/26/92 Mr. Mouw voiced his objection to the density/height restriction of 60 feet in the downtown residential area. He feels the height must be increased or the density must be lowered to make them compatible. He would like this reviewed and explained to him. Dr. Alperin moved to initiate the Comprehensive Plan Amendment 92-2, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.I. Atlantic Avenue Beautification - Swinton Avenue to 12th Avenue. The Commission is to consider awarding the bid after modifying the project scope and/or authorizing additional funding for the installation of paver block sidewalks on Atlantic Avenue between Swinton Avenue and N.W./S.W. 12th Avenue to bring the bid award within budgeted funds. The City Manager stated the low bid was $246,795.32, with $196,800 budgeted in the Decade of Excellence Bond Issue. The portion to be paid by the CRA is $21,728.20, leaving a short-fall of $28,267.12. He is requesting direction from the Commission to abate the budgetary short-fall. His recommendation was to delete the block directly in front of the fire station and the tennis center because of the construc- tion that will be taking place. Discussion followed regarding side- walks, curb cuts, paver blocks/sand or rock base, etc. Chris Brown, Director of the CRA, advised that the CRA will take care of the $10,000 on the private property, but will cancel the remainder, due to a lack of funds, leaving the City with the cost of the paving between the sidewalk and the buildings. The CRA Board suggested requesting that the Commission consider concentrating on the completion of a few streets by adding street lights and landscaping, as opposed to red-bricking the entire 12 or 13 streets. This way a few blocks can be fully completed at a time. Mayor Lynch responded that he feels it to be more cost effective to lay all the bricks at one time, due to conduit costs. The City Manager advised that the Decade of Excellence project describes extending the pavers, but nothing about street lights. The Commission concurred in directing staff to provide details regarding the apron areas, the installation of the pavers and to submit an estimate of the cost of the conduit for the street lighting. 9.J. Service Authorization No. 4/Mock, Roos and Associates. The Commission is to consider approval of Service Authorization No. 4 in the amount of $28,500 to the contract with Mock, Roos and Associates for survey services necessary to complete the Stormwater Master Plan with funding from Stormwater Master Plan (Account No. 448-5411-538-62.12). City Manager recommends approval. Mr. Mouw moved for approval of Service Authorization No. 4, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. -17- 5/26/92 9.K. Rejection of Bids. The Commission is to consider a rejection of all bids received for the construction and renovations to the Public Works Complex garage area and authorize staff to readvertise the project. Rejection is recommended. The City Manager stated it is recommended that all bids be rejected, as they are incomplete and the project needs to be rebid, with the City providing better specifications with regard to replacing a leaking wall and fuel tanks at the City garage and some hydraulic lifts that have underground portions that are leaking hydraulic fuel into the soil. Mr. Randolph moved for the rejection of all bids, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.L. 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. The consensus of the Commission was not to support Resolution No. 52-92. 9.M. Proposed Policy and .Procedures Regarding Traffic Issues. The Commission is to consider a policy Which outlines a specific process for dealing with neighborhood traffic issues. Planning and Zoning Board recommends approval. Mr. Randolph left the Commission Chambers at this time. Mr. Kovacs gave a brief overview of the traffic issues that have been before the Commission recently and he recommends that the Commission adopt the proposed policy and direct the City Manager to institutionalize the policy. Discussion followed, with the Commission- ers expressing concern with the lengthy process. Greg Luttrell, Traffic Engineer, responded to a question from Mr. Mouw by stating that, for simple cases, there would be no need to proceed beyond Step 2, as the Traffic Engineer would issue a work order and it would be handled from there.. Mayor Lynch questioned if the public has an opportunity for appeal; the City Manager stated the action of the Planning and Zoning Board is reviewed by the Commission before it is finalized. The City Manager suggested that the proposed policy be re- viewed, a preamble added to describe how "simple" issues are handled, "simple" issues defined and what the Commission would apply the process -18- 5/26/92 to. Mr. Mouw recommended that a reasonable maximum time frame be a part of the consideration and an appeal process included in the policy. The City Manager stated it will be reworked and brought back to the Commission at some future date. 9.N. Request for Direction Re: Proposed Ordinance Re~ulatin~ Multi-Tenant Retail Shops. The Commission is to consider providing staff with direction regarding the proposed ordinance amending the Land Development Regulations to provide for multi-tenant retail shops in certain zoning designations. The City Attorney stated market is defined as, "where there are two independent merchants and their spaces are definitively defined within a building and they are connected through an internal walkway". That excludes strip shopping centers, but it will include malls, with a minimum size of 10,000 square feet. The traffic regulations are as previously discussed; there will be additional parking requirements and the most rigid space requirement standards have been incorporated. The signage is limited to only the name of their business. The plan is to make this a conditional use process allowed in the General Commercial zoning district and the CBD and, by implication, in the Planned Commer- cial zoning district. The Commission concurred to send this back to the Planning and Zoning Board and the Community Redevelopment Agency for their comments and recommendations, with positive suggestions as to what they would like to see changed or added. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Andrews questioned if certain vegetation can be eliminated from City specifications. Upon an affirmative response from the City Manager, Mr. Andrews requested that wax myrtle be eliminated from the City's landscaping specifications. 13.A.2. Mayor Lynch complimented the City Manager on the article that appeared in the Sun Sentinel on Monday, May 25th. 13.A.3. Mayor Lynch commented that the Delray Harbor Club met with Representative Carol Hanson and were told the City must support their request prior to installing a "No Wake" sign. Therefore, the City needs to initiate action in order to get this underway. 13.A.4. Mayor Lynch reminded the Commission that the Haitian dinner is scheduled for this coming Saturday night and he is hoping some of the Commissioners can attend, as he will be out of town. He also noted that President Aristide, of Haiti, will be at the West Palm Beach auditorium on Wednesday, May 27th, at 7:00 P.M., if anyone can attend. 13.B.1. The City Attorney introduced Eric Hightower, the recently named Police Legal Advisor/Assistant City Attorney. 13.C. There were no Comments and Inquiries from the City Manager. -19- 5/26/92 Joanne Fanizza, Attorney, representing the Sun Sentinel newspa- per, expressed her concern about the constitutionality of the proposed Newsrack Ordinance and suggested that the Commission be patient until a decision is handed down at Coral Gables, who are experiencing a similar situation that is under litigation at this time. It is her understand- ing that the decision will be binding in the entire southern district of Florida and may afford the City of Delray some excellent parameters with which to examine the ordinance, as drafted. When questioned about the time frame, Attorney Fanizza responded that she feels there will be a ruling by the Judge sometime next week on a preliminary injunction. Discussion followed. The City Attorney stated the problem is that none of the newspaper people have submitted one counter proposal, none of the potential solutions have been addressed and they continue to pretend that they do not understand what the problem is. The City cannot negotiate if there is nothing to negotiate. Mayor Lynch declared the meeting adjourned at 9:30 P.M. City ~lerk - · ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of May 26, 1992, which minutes were formally approved and adopted by the City Commission on ~(~l /~ , /~ -- - ~ City'-~l~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. -20- 5/26/92