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06-23-92 JUNE 23, 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 6:00 P.M., Tuesday, June 23, 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 - Acting City Manager Robert A. Barcinski and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend Timothy Harden, Assistant Pastor of Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Aiperin requested that Item No. 9.L. be moved to the beginning of the Regular Agenda as Item No. 9.A.A. Mayor Lynch request- ed that Item No. 12.A. be moved to the Public Hearing portion of the agenda as Item No. 10.A.A. Acting City Manager Barcinski requested that Item No. 9.M., an addendum item, be moved to the beginning of the Regular Agenda as Item No. 9.A.A.A. Dr. Alperin moved for approval of the agenda, as amended, 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. Approval of Minutes. NONE. 6.A. Mayor Lynch read and presented a proclamation proclaiming the Month of July, 1992, as "Recreation and Parks Month". Joe Weldon, Director of Parks and Recreation, came forward to accept the proclama- tion. 7. Presentations. NONE. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Amend~.ent to the Contract with Highland Beach. The Commission is to consider approval of an amendment to the contract for the disposal of pretreated waste with Highland Beach, which authorizes the City of Delray Beach to administer its Industrial Pretreatment Program within the Highland Beach City limits. Approval is recommended. 8.B. Kiwanis Beach Festival. The Commission is to consider approval of a request from the Sunrise Kiwanis to hold a beach festival on Saturday, July 24 and Sunday, July 25 on the municipal beach at Atlantic Avenue and A1A. Approval is recommended. 8.C. Metropolitan Planning Organization Bikeways Planning Program. The Commission is to consider approval of the Metropolitan Planning Organization's Bicycle Concept Plan, with modifications as recommended by the Planning and Zoning Board as follows: 1. Removal of the University Parkway corridor. 2. Revise the Morikami corridor to use Old Dixie Highway/F.E.C. Railroad north/south instead of Brant Drive/Lindell Boulevard. 3. Revise the Delray Corridor to use N.E. 3rd Street/F.E.C. Railroad north/south instead of Swinton Avenue. 4. Addition of a Barwick Road corridor from the north City Limit to West Atlantic Avenue. 5. Addition of an Atlantic Avenue corridor from Jog Road to A1A. 6. Addition of a Homewood Boulevard corridor from West Atlantic Avenue to Linton Boulevard. 7. Addition of a Linton Boulevard corridor from Homewood Boulevard to A1A. Approval is recommended. 8.D. Final Plat Approval. The Commission is to consider approval of the final plat for the Delray Residential Treatment Campus of the Drug Abuse Foundation located on the southwest corner of S.W. 4th Street and Swinton Avenue subject to the condition that, prior to the plat being released for recording, a financial guarantee be submitted for all public improvements. Approval is recommended. 8.E. Cancellation and Re-award of Bid/Uniform Rental Services. The Commission is to consider cancellation of the bid awarded to Cadillac Uniform Supply for non-performance and re-awarding the bid to' Aratex Services, Inc., in the amount of $30,485, with funding from various departmental accounts. Approval is recommended. 8.F. Rejections of Bids/Veterans Park Shuffleboard Courts Project. The Commission is to consider rejecting the bids for the Veterans Park Shuffleboard Courts and authorizing staff to re-advertise this project as part of the overall Veterans Park improvement project. Rejection of bids is recommended. 8.G. Authorization to Allocate Decade of Excellence Bond Issue Interest Earnings. The Commission is to consider authorizing staff to allocate $22,373 in interest earnings from the Decade of Excellence Bond -2- 6/23/92 Issue (Account No. 225-0000-301-25.00) to cover additional expenses incurred in conjunction with the development of temporary and permanent Fire Station No. 5 sites. Approval is recommended. 8.H. Award of Bids and Contracts. 1. Medical and Drug Supplies - Fire Department - various vendors in the estimated annual amount of $82,081, with funding from Fire Operations - Operating Supplies (Account No. 001-2315-526-35.15). 2. S.D. Spady Road Construction - N.W. 10th Avenue - Asphalt Construction of the Palm Beaches, Inc., in the amount of $234,950.75 with funding from Decade of Excellence - Spady Elementary (Account No. 225-3162-541-61.74). 8.I. Right-of-Entry Access Easements/CBD Alleyway Project. The Commission is to consider approval of agreements for right-of-entry from various property owners in conjunction with the CBD Alley Reconstruction project. Approval is recommended. 8.J. Approval of Right-of-Ent.ry and License Agreement. The Commis- sion is to consider approval of a right of entry and license agreement from the Palm Beach County School Board for a 25-foot temporary con- struction easement in conjunction with N.W. 10th Avenue road improve- ments. Approval is recommended. 8.K. Interlocal Agreement with the Town of Gulfstream. The Commis- sion is to consider approval of an interlocal agreement with the Town of Gulfstream for the extension of fire and emergency medical services to that community. Approval is recommended. 8.L. Emergency Repair. The Commission is to consider approval of the emergency repair of Lift Station No. 50, located on Lowson Boulevard and an award of contract to Johnson and Davis in the amount of $48,000, with funding from Renewal and Replacement - Sewer Systems/Mains and Lines (Account No. 442-5178-536.60-66). Approval is recommended. Dr. Alperin moved for approval of the Consent Agenda, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A.A. (9.M.) Resolution No. 67-92/Request for Funding - Roots Cultur- al Festival. Resolution No. 67-92, supporting the Fifteenth Annual Roots Cultural Festival, is before the Commission for consideration and to approve a request for funding in the amount of $2,000 in addition to other requests such as temporary tent permits, placement of signage, use of the tennis center and use of the Pompey Park facility and staff with funding available in the Commission Contingency (Account No. 001-1111-511-33.81). Acting City Manager Barcinski presented Resolution No. 67-92: -3- 6/23/92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE FIFTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 67-92 is on file in the official Resolution Book) Mr. Randolph moved for the adoption of Resolution No. 67-92, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for approval of the request list, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.A.A. (9.L.) Discussion of Site Selection for Tennis Tournament. The Commission is to consider a continuation of the discussion of a site selection for the 1993 Tennis Tournament. Upon question by Mayor Lynch, the City Attorney advised that the closing on Laver's has not yet occurred. A letter was received from the German group indicating that they will be willing to do certain things for the City and an itemized list of these things has been placed before each Commissioner. Christopher Brown, Director of the Community Redevelopment Agency, gave a short presentation of the reasons behind the CRA involve- ment in the Tennis Facility. At the close of an all day community workshop held recently, it was the consensus of those persons partici- pating, that the stadium be located downtown and that the tennis center be redeveloped, thereby reassuring the public of the faith in the downtown investment. The CRA requested that Ed Stone, Jr., Land Planners, submit a land plan that would address the needs of the agreement signed by the Commission with the Virginia Slims representatives. A representative from Ed Stone, Jr., Land Planners, explained the design before the Commission, showing the upgrading, the additions and the refurbishing. Mr. Brown made further comment as to the costs involved, including the stadium court, which he estimated to be at $1,900,000, excluding land acquisition, which he estimated to be another $150,000, resulting in a total project cost of approximately $2,100,000. Kevin Egan, Chairman of the CRA, requested that the Commission seriously consider locating the tennis center downtown, thereby allowing -4- 6/23/92 the City to maintain better control. He further stated that the CRA will be able to lend support, including some financial assistance. Mr. Brown stated that the CRA was visited yesterday by the U.S. Tennis Association Junior Program and they expressed a desire to select Delray Beach as a site for a major junior tennis program, if it should be located downtown. Mayor Lynch requested that the City Attorney meet with Mr. Liddy, of Liddun International, and inquire as to whether or not he would like a decision by July 1, or if he would be willing to wait until the first meeting in July. The City Attorney questioned the date of the next meeting, should Mr. Liddy feel a definite decision needs to be made by July 1. Mayor Lynch responded that, should this be necessary, the Commission would probably meet this coming Thursday, June 25, 1992. 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 June 15, 1992 through June 19, 1992. Dr. Alperin moved to receive and file the report, 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.B. Appeal of Planning and Zoning Board Decision. The Commission is to consider an appeal of a Planning and Zoning Board decision with rega, d to the status of a non-conforming use at 445 N. Federal Highway. Planning and Zoning Board and City Attorney recommend denial. Assistant City Attorney Tolces stated this issue centers around establishing a non-conforming use in a vacant structure known as the Federal Auto Plaza. Prior to the appeal made by the owner, a window tinting installation business had been proposed for one of the bays. However, an occupational license was denied because of the non-con- forming use in that particular zone and the previous non-conforming business located in that bay had vacated for a period of more than 180 days. Section 1.3.5(B) of the Land Development Regulations states that when this occurs, every subsequent use shall be in conformance with the zoning requirements. Michael Weiner, representing the applicant, Hans Egger, Inc., gave a precise and defined presentation of the issue and his interpre- tation of the particular section contained in the Land Development Regulations that, he feels, has been incorrectly applied in this situa- tion. It is his opinion that there was no abandonment or cessation of the automotive use for that property, but only a portion of the struc- ture; therefore, vacancy of a portion of the property does not demand discontinuance of the use. He requested that the Commission reverse the decision of the Planning and Zoning Board and allow the business to proceed. -5- 6/23/92 The City Attorney advised the City's Ordinance states that when a non-conforming use is discontinued or abandoned, it is upheld, as in the case of the Marina Delray. It has long been the consistent position of the City Attorney's office that intent is not necessary under the City's ordinances. The City's position with regard to a non-conforming use is that it is a very limited issue, allowing the use that was previously there. He stated he feels it is appropriately within the ability of the Commission to interpret the ordinance, its meaning and what is best from a policy standpoint. The idea is to restrict these non-conforming uses and the zoning was changed because it was felt that the use was basically inappropriate for the area. If circumstances change, a rezoning can be applied for in order to accommodate the use. Discussion followed. Dr. Alperin moved to deny the appeal and to uphold the decision of the Planning and Zoning Board, 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 - No. Said motion passed with a 4 to 1 vote. At this point, the time being 7:00 P.M., the Commission moved to the Public Hearing portion of the agenda. PUBLIC HEARINGS 12.A. (10.A.A.) Ordinance No. 24-92. Ordinance No. 24-92, rezoning and placing land presently zoned RM (Multiple Family Residential - Medium Density) district in CF (Community Facilities) district, said land being located on the south side of Avenue L, between Federal Highway and Florida Boulevard, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends denial. If passed, Public Hearing will be held July 14th. Acting City Manager Barcinski presented Ordinance No. 24-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 55 THROUGH 58, BLOCK 32, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 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. 24-92 is on file in the official Ordi- nance Book) Jose Aguila, Associate with Currie Schneider Associates, the agent for the applicants, stated the request is for the rezoning of a -6- 6/23/92 lot, which is currently zoned RM, to CF. After reviewing staff comments and the conditions for approval, the applicants are willing to accom- modate those concerns. This lot will be used for a display of new vehicles only and will be sufficiently landscaped. Dr. Alperin questioned if the directions alluded to were meant to encourage or to present a method of approaching the Commission for approval. Mr. Kovacs responded that the direction was to provide a method of approaching, as opposed to going through, the Plan Amendment process. Dr. Alperin expressed concerns with this project. The City Attorney cautioned the Commission, stating this is a rezoning and rezonings are not necessarily tied to particular site plans or uses, but to an overall picture of what is the best zoning for the land. Charles Smith, 2110 Spanish Trail, speaking on behalf of the Tropic Isle Civic Association, questioned if the Auto Dealer policy, which called for no eastern expansion of automobile related businesses south of Linton Boulevard, is no longer in effect. Jean Beer, resident, stated that the Planning Board and the City Commission passed the automobile dealer policy to go back into the Comprehensive Plan with the newest plan amendment that has been sent to DCA. Mr. Mouw moved for the adoption of Ordinance No. 24-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - No. Said motion FAILED with a 3 to 2 vote. 10.A. Determination of Substantial Deviation. The Commission is to consider whether or not the addition of Builder's Square to the Delint/Waterford DRI constitutes a substantial deviation from the approved Development of Regional Impact (DRI). Consideration is recom- mended. Prior to consideration of determination of this addition, a public hearing has been scheduled to be held at this time. Mayor Lynch advised that this is not a hearing on Builder's Square, but whether or not the project has been substantially deviated by the changes now being presented. Mr. Kovacs gave an overview and explained what constitutes a substantial deviation. It is his recommendation that this is a substan- tial deviation from what was previously approved and, should the Commis- sion agree, that will determine the process to be followed and on what basis final action is taken. Alan Ciklin, Attorney representing the applicant, stated it is their feeling that this is a well-defined process and Florida Statutes are designed to set out objective criteria for guidance in making that decision. His request is that the Commission determine that this is not -7- 6/23/92 a substantial deviation, allowing them to return again and discuss the issue at some future time. Upon question by Mayor Lynch, the City Attorney advised that this is a decision that must be made by the Commission. The criteria, referred to by Attorney Ciklin that is not being met by his applicants, is due to a rule by the DCA. It is his feeling that the criteria discussed by Attorney Ciklin and Mr. Kovacs are things the Commission can consider in determining whether there is or is not a substantial deviation. Helen Coopersmit~, President of PROD, gave a brief presentation regarding the Delint/Waterford project and what has transpired during the past seven years. Her request was for the Commission to endorse the recommendation of the Planning Director, determining that the proposed change does constitute a substantial deviation to the Delint/Waterford DRI. Bill Pristupa, President, Tropic Palms Homeowner's Association, stated he is concerned regarding the impact on the immediate area, over and above the traffic issue. Jerry Marshall, Woodlake, stated the legalese, as submitted by Attorney Ciklin, clouded the issue with his many areas of 'lesser impact', as opposed to making it more clear. The public hearing was closed. Dr. Alperin moved that the proposed change constitutes a substantial deviation to the Delint/Waterford DRI and that further development of Regional Impact Review as recommended by the Planning and Zoning Board be made, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - No. Said motion passed with a 3 to 2 vote. 10.B. Comprehensive Plan Amendment 92-2. The Commission is to consider authorizing staff to forward Plan Amendment 92-2 to the State Department of Community Affairs. Planning and Zoning Board recommends approval, subject to incorporation of recommended modifications as listed on Comprehensive Plan Amendment 92-2, dated June 17, 1992. Prior to consideration of authorizing the forwarding of this Plan Amendment, a public hearing has been scheduled to be held at this time. Mr. Kovacs advised that the advertising has been taken care of and the topics have been identified. There is a difference of opinion on the handling of the Marina item; however, his suggestion is to forward it to the DCA, address the issue and act on it when it returns for adoption. The public hearing was closed. Acting City Manager Barcinski commented that he is recommending a change in the language, to leave options open, as it regards the -8- 6/23/92 Marina surplus fund. This amendment would not preclude any decisions the Commission may want to make in the budget process this year. Mr. Randolph moved for approval to transmit Comprehensive Plan Amendment 92-2 to DCA for the required 90 day review, with the change as recommended by the Acting City Manager to the paragraph concerning the marina in the Capital Improvement Element (At P. III-H-7), 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. 10.C. Public Input on Goals and Objectives. The Commission is to consider receiving input from the public with regard to the City's Goals and Objectives. June Carr, resident, complimented the City Commission on the excellent work they are doing for the City. She commented that she would like to see the City augment the Animal Control efforts, suggest- ing the possible use of Police canine dog units. She also commented that something should be done about enforcing the existing noise ord- inance to prevent the playing of loud music she hears all over town. She stated the City has an ordinance that requires a general contractor be hired to repair rental property. She feels the ordinance should be amended to allow those persons, who are capable, to do their own work. She further stated that she feels the City should adopt an ordinance requiring cars at automobile repair shops to show a work order in an effort to eliminate storing of vehicles. Alice Finst, 707 Place Tavant, stated she would like to review the area along Congress Avenue north of Atlantic Avenue to the City limits and Lake Ida Road from Swinton west. These are gateways to attractive neighborhoods and there seems to be numerous heavy industrial opportunities, including the possibility of a recycling plant locating in the area which, she feels, would adversely affect the area west. She feels there is a lack of code enforcement in that particular area and would like to see a general clean-up, including clean-up and landscaping of the City's property at Lake Ida Road and 1-95. The public hearing was closed. 10.D. 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 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. Acting City Manager Barcinski 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 -9- 6/23/92 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 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. (Copy of Ordinance No. 19-92 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. Thelma Voss, Vice-President of Highland Park Company, Inc., stated that they prefer the terminology of "Mobile Home" as opposed to "Trailer Park". They have requested that the park be annexed for the past seven years and it is'their hope that the Commission will vote in favor of this annexation. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 19-92 on Second and FINAL Reading, 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. 10.E. 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 Barwick Road with an initial zoning of GC (General Commer- cial), 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. Acting City Manager Barcinski 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; -10- 6/23/92 PROVIDING 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. (Copy of Ordinance No. 20-92 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. Dr. Alperin moved for the adoption of Ordinance No. 20-92 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.F. 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 Second and FINAL Reading. Planning and Zoning Board recommends approval. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Acting City Manager Barcinski 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 AND 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. (Copy of Ordinance No. 21-92 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. -11- 6/23/92 Mr. Randolph moved for the adoption of Ordinance No. 21-92 on Second and FINAL Reading, seconded by Dr. Alperin. 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. ll.A.1. Acting City Manager Barcinski stated in response to Ms. Feldman's question with regard to the 1-95/Atlantic Avenue west widen- ing, 1-95 construction will commence in February of 1993. ll.A.2. Acting City Manager Barcinski stated the wax myrtle has been deleted from the City's list of landscaping materials. ll.A.3. Acting City Manager Barcinski stated staff is researching the question relative to the "No Wake" zone on the Intracoastal Waterway near the Delray Harbor Club. ll.A.4. Acting City Manager Barcinski commented that staff has been requested to upgrade the monitoring of animals on sidewalks at the beach and the noise levels of boom boxes generating from automobiles. ll.A.5. Acting City Manager Barcinski advised that discussions are ongoing with the County Engineering Department with respect to the request for a crossing signal at Military Trail south of Linton Boule- vard. ll.A.6. Acting City Manager Barcinski stated the resurfacing of Homewood Boulevard from Lowson Boulevard to Atlantic Boulevard will commence the week of July 5th. ll.B.1. Lillian Feldman questioned what Item 8.C. (MPO Bikeways Plan- ning P~ogram) on the Consent Agenda is referring to. Mr. Kovacs pre- sented Ms. Feldman with a packet of backup material in response to her question. ll.B.2. June Carr, on behalf of the residents in her neighborhood, questioned the proposed installation of the sewer system in Silver Terrace and how it would be coordinated with road paving and drainage system installation. She also suggested that the City acquire a better street grader to take care of the potholes that form immediately after a rain. She commented that something should be done about the fence between the Silver Terrace subdivision and the Delray Mall, which is deteriorating. Mayor Lynch stated that Acting City Manager Barcinski would review her concerns and be in touch. ll.B.3. Dan Burns stated the goal for the Fourth of July fireworks has nearly been met and he is appreciative of any and all donations re- ceived. FIRST READINGS -12- 6/23/92 12.A. (SEE ITEM NO. 10.A.A.) 12.B. Ordinance No. 25-92. Ordinance No. 25-92, rezoning and placing land presently zoned POC (Planned Office Center) district in NC (Neigh- borhood Commercial) district, said land being located at the northwest corner of Congress Avenue and Lake Ida Road, is before the Commission for consideration on First Reading. Planning and Zoning Board recom- mends denial. If passed, Public Hearing will be held July 14th. Acting City Manager Barcinski presented Ordinance No. 25-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; SAID LAND LYING AND BEING IN THE EAST ONE-HALF OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch stated he has one problem, mainly that the appli- cant has submitted a letter changing the original proposal which is on the agenda. It is his understanding that there will not be a car wash, additional land is being donated to the north of the property and they are agreeable to a change in the landscaping and buffering of the project at a further distance from the street corners. Mr. Kovacs advised that any change to the original rezoning application requires renotice, so what is being proposed can only be acted upon through a renoticing or the applicant must withdraw the original application and resubmit. Jan Hansen, planning consultant for the applicant, stated that the offer made is a valid and sincere offer. He would like an opportu- nity to work on the proposal and return to the Commission after getting some idea as to what is expected or wanted at that location. The City Attorney stated he has not seen the letter; however, he is of the opinion that the applicant is getting dangerously close to potential contract zoning, which is illegal. If, in fact, there was an offer to donate land to the City for recreational use, that should be a separate item and he would not like to see those two items linked together. Mr. Kovacs recommended that the Commission deny what is on the agenda tonight and, should the applicant return with a donation of land, that will be a separate proposal. -13- 6/23/92 Mr. Hansen questioned the discrepancy between the 1.70 acres being discussed tonight and the legal description that denotes 1.073 acres. The City Attorney responded that his concern is only with the metes and bounds description and, if there is a typographical error, it will be corrected. Mr. Hansen reviewed the issues that were brought forward at the recent Planning and Zoning Board meeting. At the request of the appli- cant to retain the opportunity to return to the Planning and Zoning Board, Mr. Kovacs stated this process with a metes and bounds descrip- tion on a parcel of property cannot be changed again. He recommended that the application be withdrawn, leaving a clean record and, if the applicant would like to return to P&Z at some future date with a pro- posal for the entire seven acres in one petition, he can reapply and go through the process. The applicant withdrew the application. At this point the Commission declared a two minute recess. 9.C. Conditional Use Request. The Commission is to consider approv- al of the conditional use request to establish an auto repair shop, Blue Max German Auto, on the southeast corner of S.E. 9th Street and S.E. 5th Avenue. Planning and Zoning Board recommends approval, subject to the following conditions: A. That a full site plan application be submitted pursuant to Section 2.4.3 of the Land Development Regulations, which addresses the "Items of Concern" identified in this Staff Report. B. That a plat be processed pursuant to Chapter 5 of the Land Development Regulations concurrently with the site plan. C. That a landscape plan and irrigation plan be submitted for the perimeter landscape strip of the entire block, prior to or concurrent, with the submittal of a building permit application. D. That the service bays be enclosed and overhead doors provided. E. That the canopy along S.E. 5th Avenue be removed and landscaping provided; or that a landscaped area along with nonmountable curbing be provided on the north side of the canopy area, adjacent to the driveway. F. That a traffic study be submitted prior to, or concurrent with, the full site plan or plat application, whichever is submitted first. G. That accommodations be made to prevent drainage from flowing onto S.E. 9th Street. Acting City Manager Barcinski stated the applicant objects to the condition regarding the removal of the canopy. Discussion followed. Mr. Mouw moved for approval of the conditional use request for the Blue Max German Auto, including all of the conditions imposed by the -14- 6/23/92 Planning and Zoning Board; however, permitting parking in the shade of the canopy on the west side of the building, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. 9.D. Consideration of Request for Abandonment of Right-of-Way. The Commission is to consider abandoning an 80 by 160 foot section of unimproved right-of-way located just north of Lowson Boulevard, between Homewood Boulevard and Military Trail. Staff recommends denial. Acting City Manager Barcinski explained that Florida Power and Light and Leadership Cable both have existing facilities located within that right-of-way. In addition, there is a 12-inch water main and a 12-inch sewer force main within the right-of-way. Mr. Malooley has requested that his $500 abandonment fee be returned to him, as he feels he was misled. Mr. Mouw moved denial of the request, 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 - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: The City Attorney stated that, at the time of closing, there was no question as to what was or was not included and it was specifi- cally discussed that there are two ways of meeting the objectives. One was an abandonment that would transfer a portion of the right-of-way to Mr. Malooley, which he planned to landscape to the canal. The right-of-way permit still remains a viable alternative. At this time the roll was called to the motion. 9.E. Waiver of Replat Requirement. The Commission is to consider a request from the Palm Beach County Housing Partnership and the owner of Lot 18, Allamanda Gardens, for waiver of the replat requirements in order to accommodate the encroachment of a structure into a common accessway (Tract 3). Acting City Manager Barcinski recommends approval, subject to the condition that a Unity of Title be recorded, which combines the portion of Access Tract 3 described as depicted in Exhibit "C" with Lot 18, in a form which is acceptable to the City Attorney. Upon question, Mr. Kovacs stated the Homeowner's Association gave the issue serious consideration and made a decision to support a modification of the original plat. Dan O'Conner, representative of James E. Newhouse, Inc., the surveyors for the project, introduced Byron Jones and Greta Hollis, owners of the house that was encroaching on the access easement, as requested by Mr. Kovacs, for the record. Mr. Andrews moved for approval of the waiver of the replat requirement, seconded by Mr. Randolph. Upon roll call the Commission -15- 6/23/92 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.F. Request for Funding/Sunshine State Games. The Commission is to consider a request for funding in the amount of $1,000 to support the Sunshine State Games Swimming Competition. Funding is available in the City Manager's Contingency Account. Dr. Alperin moved for approval, 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. Lake Ida Road Design Modification. The Commission is to consider providing direction with regard to modifying the design on Lake Ida Road to include a landscape median in place of the proposed fifth center/turning lane. Mr. Kovacs stated in response to questions concerning the median landscaping on Lake Ida Road east of Congress, the issue was revisited and redrawn. With the addition of additional right-of-way, it can be accomplished. Greg Luttrell, Traffic Engineer, made a presentation of the proposal to the Commission and the public. Mr. Kovacs stated direction from the Commission is requested in order to accomplish this at an approximate cost of $30,000 for redesign, none of which the County will absorb, and for four more problems that must be resolved. Discussion followed. David Henninger, representing the Lake Ida Property Owners Association, stated a meeting was held for all the homeowners who live along the existing wall along Lake Ida Road. Those people who will be giving up a portion of their property in order to extend the right-of- way were all in favor, with the exception of one family. He would like the Commission to know that the residents are most willing to cooperate and are willing to give up their property with a potential of supporting some of the cost to have a more secure barrier for their property. Discussion followed. The consensus of the Commission was to proceed as recommended by staff (outlined in David Kovac's memo for the June 23rd meeting), obtain firmer cost estimates, especially as relates to the wall on the north side of Lake Ida, on the condition that the redesign does not jeopardize the project's standing on County road work program. 9.H. Appointment of Two Regular and One Alternate Member to the Civil Service Board. The Commission is to consider the appointment of two regular members to fill the expiring terms of David Henninger and K. Howard Wiener and one member to fill the vacant alternate position. This is a Seat 1 and 2 appointment of regular members and a Seat 5 appointment of an alternate. -16- 6/23/92 Mr. Mouw moved to appoint James L. "Pete" Bowen as a regular member, 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. Dr. Alperin moved to appoint Wilbur V. Chaney as a regular member, 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. Mayor Lynch recommended the appointment of Helen M. Bartholomew as an alternate member. Mr. Randolph moved to appoint Helen M. Bartholomew 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. 9.I. Appointment to the Community Redevelopment Agency. The Commis- sion is to consider appointing a member to fill the expiring term of Matt Gracey, Jr. This is a Seat 4 appointment. Mr. Randolph moved to appoint Marc deBaptiste, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.J. Appointment to the Delray Beach Housing Authority. The Commis- sion is to consider appointing a member to fill the expiring term of Randee Golder. This is a Seat 1 recommendation for appointment by Mayor Lynch. Mr. Mouw recommended that Randee Golder be reappointed. Mayor Lynch requested that the Commission ratify the nomination. Mr. Andrews moved for the appointment of Randee Golder, second- ed 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. 9.K. Appointment to the Police and Fire Pension Board of Trustees. The Commission is to consider appointing a member to fill the expiring term of Leon Weekes. This is a Seat 2 appointment. Dr. Alperin requested that his appointment be deferred, allow- ing him time for further research. Upon question, the City Attorney stated it will be placed on the agenda of July 14. -17- 6/23/92 9.N. Ratification of Collective Bargaining Agreement. The Commis- sion is to consider ratifying the Lieutenant's Fraternal Order of Police (FOP) Contract. The City Attorney stated this item was inadvertently omitted at the time the Commission approved the contract with the Sergeants and Police Officers. It contains the same material agreements and the range in pay increase is 3% with an average merit increase of 4% on a 0 to 6 scale. This is the same amount that was ratified for the Police Offi- cers and Sergeants. Mr. Randolph moved for ratification, 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. 9.0. Sidewalk Sale. The Commission is to consider a request from the Chamber of Commerce to hold a sidewalk sale downtown during the Fourth of July weekend. Acting City Manager Barcinski stated policy direction is requested, as there is a request to allow automobile and boat dealers to display their products at the Atlantic Plaza. Mr. Mouw moved for approval, seconded by Mr. Randolph. The City Attorney advised the motion should incorporate, by inference, any necessary waivers of City ordinances to accommodate this. Mr. Mouw amended his motion to include the directive by the City Attorney, Mr. Randolph amended his second. 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. 13. .~omments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Andrews commented that he is concerned with respect to the location of the Tennis Center and the total facility being downtown. He questioned if it would be possible to have some facilities at various locations that would be easily accessible to children on bicycles. 13.A.2. Dr. Alperin stated that the Education Joint Task Force was reconvened last night. There were two concerns, one being the expansion of the Spady Elementary School Montessori Program, which was supported by the Education Task Force to expand it from Kindergarten through the Sixth grade. The second concern was the Elementary School "S" and the Joint Task Force reaffirmed their intention to have it placed at the site in the Military Trail/Linton Boulevard quadrant. 13.A.3. Mr. Mouw requested, if the downtown area is designated for the Tennis Center as the permanent site for the stadium and the remainder of the development, that the Commission consider allowing the -18- 6/23/92 responsibility for the construction, the land acquisition, etc., to be handled by the CRA, since they have spearheaded the project at this location. Mr. Mouw suggested that a task force be organized and appointed to look into promotional uses for the stadium, recommending a varied and interested group of community individuals who would be eager to support and encourage ideas. Mayor Lynch suggested this be placed on an upcom- ing workshop. Mr. Andrews also suggested that an exploration of uses beyond tennis be made prior to the final decision on construction of the facility, unlike the current plan that appears to be built strictly for tennis tournaments. He suggested that this also be placed on an upcom- ing workshop. 13.A.4. Mayor Lynch requested that the City Attorney look into the Jennings Case with regard to the public approaching Public Officials concerning variances and rezonings, as opposed to coming before the Commission as a body. The City Attorney advised he will be submitting a memo to the Commission that will be helpful. 13.A.5. Mayor Lynch stated the DDA is asking for the release of funds, in the amount of some $30,000 from the City's parking fund. At this time there is about $35,000 in the fund that was given by the Delray Beach Library. It is his opinion that, if those funds are released, they should be used for landscaping and other issues in the approximate area of the library. Acting City Manager Barcinski advised he will look into this. 13.C.1. Acting City Manager Barcinski stated on Friday, July 10th, at approximately 12:30 P.M., the Alamo Torch Tour, publicizing the Florida Sunshine State Games, will be passing through Delray Beach. He ques- tioned if the Commission would be interested in holding a ten or fifteen minute ceremony in Veterans Park with a short speech to be made by Frank Shorter. Vice-Mayor Alperin stated he would be present in the absence of Mayor Lynch. 13.C.2. Acting City Manager Barcinski stated the N.E. 2nd Avenue project is scheduled for final completion no later than July 17th. 13.B.1. The City Attorney advised that he has spoken with George Liddy and there is no need to schedule a meeting on Thursday, as he is willing to defer the final decision on the Tennis Center until the Regular Meeting of July 14th. Mayor Lynch declared the meeting adjourned at 10:55 P.M. -City ~Clerk ATTEST: -19- 6/23/92 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 June 23, 1992, which minutes were formally approved and adopted by the City Commission on Q(~ ~! /~ . - JC~ty Cl~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- 6/23/92