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08-25-92 AUGUST 25. 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, August 25, 1992. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews (arrived 6:10) Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend Gerald Dingman of Abbey Delray. $, The Pledge of Allegiance-to the flag of the United States of America was given. Mr. Andrews arrived at this time. 4, The City Manager requested the removal of Item 9.E., Resolution No. 92r92 from the Agenda. Dr. Alperin requested Item No.8.H. be moved to the Regular Agenda as Item No. 9.A.A. Mr. Randolph noted an incorrect address for Mario's Market, Item No. 8.C. Mr. Andrews requested Item No. 8.E. be moved to the Regular Agenda as Item No. 9.A.A.A. Dr. Alperin moved for agenda approval, 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. Dr. Alperin moved for approval of the minutes of the Regular Meeting of July 28, 1992, seconded by Mr. Randolph. Upon roll call .the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for approval of the minutes of the Regular Meeting of August 11, 1992, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved for approval of the minutes of the Special Meeting of August 18, 1992, 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. 6. Proclamations. None. Presentations. A. Resolution No. 95-92, recognizing and commending n'Detenga n'Gurumo for his outstanding accomplishments in obtaining Laboratory Certification for the Water Treatment Plant. Mayor Lynch read and presented Resolution No. 95-92, recogni- zing, commending and congratulating n'Detenga n'Gurumo for his outstanding accomplishments in obtaining Laboratory Certification for the Water Treatment Plant. Dr. Alperin moved for the adoption of Resolution No. 95-92, 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. William Greenwood, Director of Environmental Services, ?rated Mr. n'Gurumo is an inspiration to his department and to the City for his dedication and loyalty. Mr. Greenwood also commended and thanked George Abou-Jaoude, Deputy Director of Public Utilities, Don Haley, Superintendent of the Water Treatment Plant, Mike Blusiewicz, Operation Supervisor and Rita Taylor, Chemist for their cooperation and outstanding achievements. CQNSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Authorization to Transfe~ F~n~$, The Commission is to consider authorizing staff to transfer funding in the amount of $138,000 from the Decade of Excellence Interest Earnings (Account No. 225-0000-361-10.00) to Decade of Excellence N.W. Drainage Project (Account No. 225-3161-541-61.39) to offset the cost of reconstructing N.W. 3rd Avenue and to extend the DIP watermain to provide services to the Community Center, Fire Station and proposed Tennis Center site. Approval is recommended. 8,B, Final Payment and Termination of Contract/Ledbetter Electric. The Commission is to consider authorizing staff to make a final payment in the amount of $38,516.06 for material purchased by Ledbetter Electric for new lights at the Tennis Center and cancel the contract for installation of lighting; with funding from 1987 Utility Tax/Tennis Center Capital Outlay Improvements - Other (Account No. 333-4145-572-60.69). Approval is recommended. 8.C. Request To Hold A Special Event. The Commission is to consider approving a request to hold a Gospel Rally on September 5, 1992 at the -2- 8/25/92 Body of Christ Outreach Church on property adjacent to Mario's Market at 946 West Atlantic Avenue between the hours of 12 noon to 5:00 P.M. Approval is recommended. 8,D, Interlocal Agreement Between The Cities Of Delray Beach. Boca Raton. West Palm Beach and Palm Beach County. The Commission is to consider approval of an interlocal agreement between the Cities of Delray Beach, Boca Raton, West Palm Beach and with Palm Beach County which designates the County as the local government within the eligible metropolitan area to receive and administer funds under the Housing Opportunities for Persons with Aids (HOPWA) Program. Approval is recommended. ~,E, Please See Item No. 9.A.A,A, 8,F. Mutual Aid Agreement.. The Commission is to consider approval of a mutual aid agreement with the City of Boca Raton for cooperative law enforcement and assistance in disasters. Approval is recommended. 8.G. Resolution No. 94-92. Resolution No. 94-92, vacating and abandoning a 1.5 foot section of a 16 foot alleyway lying within Block 72, located on the east side~of~Swinton Avenue~between S.E. 3rd and 4th Streets .to accommodate ~the encroachment of an existing residence, is before the Commission for consideration. Approval is recommended.. The caption of Resolution No. 94~92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A 16 FOOT ALLEYWAY LYING WITHIN BLOCK 72, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK PAGE 57 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 94-92 is on file in the official Resolution Book) 8.H, Please see Item No. 9.A.A. 8,I, Resolution NO~ 93-92, Resolution No. 93-92, abandoning easements and alleys in conjunction with the expansion of the Delray Lincoln Mercury Dealership located south of Linton Boulevard between Dixie and Federal Highways, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 93-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ONE ALLEY ONE FOOT IN WIDTH, TWO ALLEYS TEN FEET IN WIDTH, ONE ALLEY SIXTEEN FEET IN WIDTH, ONE ALLEY EIGHTEEN FEET IN WIDTH AND THREE PARKING AND UTILITY EASEMENTS FIFTEEN FEET IN WIDTH, LYING WITHIN THE TROPIC ISLE TRADING CENTER SUBDIVISION, AS RECORDED IN PLAT BOOK 25, PAGE 35, OF THE -3- 8/25/92 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 93-92 is on file in the official Resolution Book) 8.J. Final Plak Approval. The Commission is to consider approval of the final plat for the Delray Lincoln Mercury Dealership located south of Linton Boulevard between Dixie and Federal Highways. Approval is recommended. 8,K, A~ceptanc~ of An Easemen~ Deed, The Commission is to consider acceptance of an easement deed from Ralph Buick, Inc. for the purpose of installing a potable water transmission main on Federal Highway along the north property line of Ralph Buick to Florida Boulevard. Approval is recommended. Capital Improvement Budaet. The Commission is to consider receiving the report from the Planning and Zoning Board with regard to the consistency of the Capital Improvement Program and Budget for Fiscal Year 1992/93 with the Comprehensive Plan. Approval is recommended. 8.M. ~Waiver Of~The~ Landscape Code. The ~Commission is to consider waiving certain provisions of the Landscape Code with respect to expansion of the Cason Cottage parking area. Approval is recommended. 8.N, Waiver Of The Landscape Code. The Commission is to consider waiving certain provisions of the Landscape Code with respect to expansion of the parking area at the South County Governmental Complex located on S. Congress Avenue. Approval is recommended. 8,Q, R~olu~ion NQ. 90-92, Resolution No. 90-92, assessing costs for abatement action necessary to remove nuisances on 35 properties located within the City, is before the Commission for consideration. Approval.is recommended. The caption of Resolution No. 90-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 90-92 is on file in the official Resolution Book) -4- 8/25/92 8.P. Resolution No. 91-92. Resolution No. 91-92, assessing costs for abatement action necessary to board up unsafe conditions at 18 S.E. Dolphin Drive, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 91-92 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 RESOLUTION, 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. 91-92 is on file in the official Resolution Book) ~ 8.0. Award Of Bids And Contracts. Approval is recommended. 1. Swale Reconstruction Project - Homewood Boulevard - Asphalt Construction of Palm Beach, Inc. in the amount of $43,663.19 with funding from Decade of Excellence Bond Issue - Street Reconstruction (Account No. 225-3162-541-61.17). 2. Public Works Garage Renovation Project - Olympic Industries, Inc. in the amount of 8110,810 with funding from 1987 Utility Tax - Garage Improvements Other (Account No. 333-3351-591-60.69) and General Construction Fund Garage Improvements Other (Account No. 334-3351-591-60.69). Mr. Randolph moved for approval of the Consent Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. 1Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A. (Item No. 8.H.) Final Plat ApprQv$1, The Commission is to consider approving the final plat for Blair's Downtown Subdivision located at the northwest corner of East Atlantic Avenue and N.E. 5th Avenue. Approval is recommended. In reply to Dr. Alperin, Mr. Kovacs stated there are no minimum setback requirements in the CBD and Code fee simple ownerships are legal. If this trend were to continue, the code amendment should be looked into. -5- 8/25/92 Mayor Lynch stated there is a need for long range planning. Mr. Andrews moved for approval of the final plat for Blair's Downtown Subdivision, seconded by Mr. Mouw. Upon roll call the CommissiOn voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4-1 vote. 9,A.A,A. (Item No, 8,E,) Pe~i~ion And Consent For Inclusion/Interlocal Agre~mgnt Wi~h Lake Worth Drainage District. The Commission is to consider authorizing staff to submit the Petition and Consent for Inclusion within the boundaries of the Lake Worth Drainage District and approve the interlocal agreement with them for the District to receive stormwater runoff from the Tennis Center property site. Approval is recommended. Mr. Andrews stated the City has not increased the intensity or use of the downtown tennis facility and questioned how the City got to the point that they are now. In reply, the City Manager stated the Water Management District controls the discharge permits. David Kovacs stated the City is increasing impervious areas and the drainage patterns are being altered with all the greenage that is being put in. This process will be better for the City to discharge into their district rather than to return on-site. Dr. Alperin moved approval for staff to submit the Petition for Consent and Inclusion within the boundaries of the Lake Worth Drainage District, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,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 August 10, 1992 through August 21, 1992. Dr. Alperin moved to receive and file the report, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5-0 vote. 9.B. Appeal Of Site Plan Review And Appearance Board Dgcision. The Commission is to consider an appeal of a SPRAB decision with regard to the color of the sign for BizMart. Staff recommends approval of the appeal. Mr. Randolph moved for approval of the site plan decision, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: -6- 8/25/92 Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin-- Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with ~ 4-1 vote. 9.C. Central Business District Master Parking Plan. The Commission is to consider accepting and filing the Planning and Zoning Board's comments and recommendations with regard to the Central Business District Master Parking Plan. Approval is recommended. Mr. Mouw moved to receive and file Planning and Zoning's report, 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. Before roll call the following discussion was had. David Kovacs stated the Parking Management Team is an interim committee appointed by the City Commission and it is the administrative support for that committee which is dealing with much smaller types of issues and not operating under an acquisition and development plan. This issue will be. discussed in more detail.at the October 20, 1992'workshop. The City Manager stated he wanted to urge caution on creating authority. At this point the roll was called to the motion. 9,D, Morikami Loan Agreement Request For Exten~iQn, The Commission is to consider a request for a one year extension of the interest-free provision contained in the Morikami Loan agreement for the Relocation of the Sundy Feed Store. Approval is recommended. Richard Mach~k, member of the Friends of the Sundy Feed Store, requested the City allow this project to go another year interest free in order to get it completed. Dr. Alperin moved to extend the final payment date to June 30, 1993 with the 8% interest charge levied against the unpaid balance of $24,750 as pre-approved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch- No; Mr. Mouw - Yes. Said motion passed with a 4- 1 vote~ with Mayor Lynch dissenting because he felt the loan should be interest-free. 9,E, Re~olution NO. 92-92, THIS ITEM WAS DELETED FROM THE AGENDA. 9.F. Water And Sewer Rate Modgl. The Commission is to consider a proposed increase in the water and sewer service rates and discuss a proposed rate model. Joe Safford, Finance Director, gave an overview of Option A and Option B, how it will affect the public, and requested direction from the Commission as to which option to go with. -7- 8/25/92 It was the majority consensus of the Commission to lean towards Option B. At this point, the time being 7:10 P.M., the Commission moved to the duly advertised public hearing portion of the agenda. 10.A. DeterminatiQn of Substantial DeviatiQn, The Commission is to consider a determination whether the addition of Builder's Square to the Delint/Waterford DRI constitutes a substantial deviation from the approved Development of Regional Impact (DRi). Prior to consideration of this action, a public hearing has been scheduled to be held at this time. A Public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Alan ¢iklin, representing the applicant, reviewed the statutory thresholds for substantial deviation determination, with the contention that the.proposed change does not exceed the criteria set forth. ....... Helen Coopersmith, resident, .spoke in~ opposition of the substantial~deviation. Ken Rowan, Chairman of the Board - Delray Beach Chamber of Commerce, stated if the vote is in favor of the deviation the Chamber of Commerce would like it to go ahead as smoothly as possible to prevent any undue delays. Bill Pir~tupa, President, Tropic Palms Homeowners Association, stated the substantial deviation should be done with a level of integrity. Arthur Jack~l, resident, stated he is not against Builder's Square, but traffic in the area has to be addressed. Donna Foster, Department of Community Affairs, Tallahassee, stated she is representing the department to protect their rights; there are many concerns involved with this issue. Bob Stump, resident, spoke in opposition to the substantial deviation; especially without a new traffic study. Sally Black, Treasure Coast Regional Planning Council, stated she was appearing to preserve counsel's right to appeal any development order amendment that may be adopted pursuant to the notification of proposed change. There are two regional issues of concern: (1) The land use change from office use to retail use and the additional traffic impact there would be as a result of increased trips; and, (2) Whether or not this modification to the Waterford DRI represented, then a unified plan of development between the Target/Ross -8- ~ 8/25/92 shopping area and the Waterford DRI as such, should be reviewed as a substantial deviation to the DRI. Frank Deering, resident, stated his concern about traffic on Linton Boulevard and Lindell Boulevard. Cathy Landwehr, Tropic Palms, stated she is concerned about property values in Tropic Palms because of the increased traffic flow on Lindell Boulevard. Gene Lindquist, President of Crosswinds, stated if Builder's Square does not generate any traffic, Delray Beach will then have another empty retail store. Gretchen Bacon, Oakmont, stated this is a very substantial deviation from the original plan. ~ JQe Camarada, Vice President -~ Tropic Palms Homeowners Association, stated his opposition to Builder's Square. Mr. Ciklin, stated, in response to the public input, the traffic issue seemed to be the most~prevalent issue. ~ JQ~ Pollack, Vice-President - Kimley Horn and AssoCiates, stated Alan Ciklin's statements are documented in the traffic report that was prepared and submitted to the City in April, 1992. This report identifies the trip generation of the Builder's Square through observed traffi~ studies of actual Builder's Squares which City and County staff participated in. There is a corresponding reduction in the office square footage to more than compensate for the traffic associated with the Builder's Square which gives no increase in traffic on a daily basis. There will be a significant reduction in the morning and afternoon peak hour traffic for the total DRI project as a whole because the office uses have a much higher traffic generation during the peak hours in comparison to the retail use. The public hearing was closed. In response to Mr. Randolph's question about the unified plan, the City Attorney stated if the retail space went over 50,000 square feet it would have been an automatic substantial deviation. If the two developments, now under the same ownership and control, had been linked as a DRI from the beginning, there would have been an automatic substantial deviation from the virtue of Builder's Square coming in. Donna Foster, DCA, stated this plan is indicative of more of a unified plan development. By changing the hotel to commercial this looks more like the adjacent project than it's own project. Dr. Alperin stated a substantial deviation is a significant change which demands further review due to potential impact. Mr. Andrews stated there are other sites in the City that want redevelopment of the Builder's Square type. -9- 8/25/92 Mayor Lynch stated this particular deviation makes sense but he does not see it as substantial. Dr. Alperin moved that the Waterford DRI be determined as a substantial deviation, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - No; Mr. Mouw - No; Dr. Alperin - Yes. Said motion failed with a 3 to 2 vote. ~0,B, Ordinance No. 28-92. Ordinance No. 28-92, adopting Comprehensive Plan Amendment 92-1, is before the Commission for consideration on First Reading. City Manager recommends approval. If passed, second Public Hearing will be held on September 8, 1992. The City Manager presented Ordinance No. 28-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 92-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION~ACT: FLORIDA.STATUTES SECTIONS ~16.3.3161 'i' THROUGH 163.3243, INCLUSIVE; INCLUDING AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE PLAN, CONSERVATION ELEMENT, PUBLIC FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND RECREATION ELEMENT, HOUSING ELEMENT, COASTAL MANAGEMENT ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVEMENTS ELEMENT, BASED UPON AN ASSESSMENT OF TASKS ACCOMPLISHED, AVAILABILITY OF RESOURCES AND NEW INFORMATION; INCLUDING CHANGES TO THE FUTURE LAND USE MAP FOR THIRTY (30) PARCELS OF LAND; INCLUDING CITY BOUNDARY ADJUSTMENTS PURSUANT TO ANNEXATIONS; INCLUDING AMENDMENTS TO PART IV, "REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION" INCLUDING AMENDMENTS TO PART V, "PROCEDURES FOR MONITORING AND EVALUATION OF THE PLAN", AND INCLUDING TEXTUAL AMENDMENTS TO SUMMARY OF MAJOR FEATURES OF THE COMPREHENSIVE PLAN, CONSERVATION ELEMENT, PUBLIC FACILITIES ELEMENT, OPEN SPACE AND RECREATION ELEMENT, HOUSING ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVEMENTS ELEMENTS; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 92-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. James Krause, North Lake Avenue, Lots 4 and 5, Block C, La Hacienda, questioned why this is being changed from the present medium density to a single family category. 8/25/92 David Kovacs stated a written explanation will be forthcoming at the September 8, 1992 meeting if the ordinance is passed this evening. The public hearing was closed. In reply to Mr. Mouw, David Kovacs stated this is a response to the objections report. After this was sent to the State it was sent to other agencies and the State objected for four reasons. Dr. Alperin moved for the adoption of amended Ordinance No. 28-92 on First 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. CQMMENT$ AND INQUIRIES QN NON-AGENDA ITEMS FROM THE PUBLIC Before responding to comments, the City Manager informed .the public that the main .fire ~ station on Atlantic Avenue ~is acting as a central collection point for hurricane relief supplies to be sent to Dade County. Non-perishable food, bottled water and disposable diapers are needed the most at this time. The Red Cross will pick these items up daily and then transport them to Dade County. ll.A,1 The City Manger stated the policies and procedures for the City taking private stormwater systems is written up in draft form and the Commission will have that report within the next four weeks. 1.~,A,2, The City Manager stated that the decision on garbage rates will be determined after the Public Hearing of the Solid Waste Authority meeting. ll.A.3. The City Manager stated the water and sewer rates will be discussed further at the work session next week. ll.B.! Rosalind Murray, Village Drive, questioned the status of the Lakeview Golf Course, what the appraisal came in at and what the final outcome was, how much profit is being made from the go~f course and whether the original deed on the fire station Property has clear title. ll,B,2. Alice Finst, 707 Place Tavant, questioned the possibility of having beautification (landscaping, etc.) done along Lake Ida Road. ll.B.3. Alice Finst, 707 Place Tavant, stated Congress Avenue, north of Atlantic Avenue has not improved in appearance. She questioned why it is necessary to wait so long to get action on property that does not meet codes. -11- 8/25/92 ll,B,4, Alice Finst, 707 Place Tavant, requested the code enforcement rules be modified and become more severe. FIRST READINGS .At this time, Mr. Randolph left the Commission Chambers. I~,A, Qr~inance No. 29-92. Ordinance No. 29-92, rezoning and placing land presently zoned MIC (Mixed Industrial and Commercial) district in I (Industrial) district; said land being located at the west end of Georgia Street, adjacent to 1-95, is before the Commission on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager presented Ordinance No. 29-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY~.~ZONED~MIC~.(MIXED~INDUSTRIAL ANDCOMMERCIAL) ~ ~/DISTRICT liN Ii~(INDUSTRIAL) DISTRICT; SAID LAND BEING 'LOCATED AT'THE WEST END OF GEORGIA STREET, ADJACENT TO 1-95, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 29-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 12,B, Ordinance No. 30-92. Ordinance No. 30-92, rezoning and placing land presently zoned AC (Automotive Commercial) district in part and MIC (Mixed Industrial Commercial) in part, in AC (Automotive Commercial) district; said land being located on the north side of Linton Boulevard, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing ~will be held September 8, 1992. The City Manager presented Ordinance No. 30-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART, AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) .DISTRICT, IN PART, IN AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD, BETWEEN WALLACE DRIVE AND 1-95, AS -12- 8/25/92 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 Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 30-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph returned to the Chambers at this time. 12.C. Ordinance No. 31-92. Ordinance No. 31-92, rezoning and placing land presently zoned OS (Open Space) district in I (Industrial) district; said land being located on the north side of S.W. 10th Street between S.W. 17th Avenue and 1-95, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager~,presented Ordinance No. 31-92: ,~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED OS (OPEN SPACE) DISTRICT IN I (INDUSTRIAL) DISTRICT; SAID LAND IS LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 17TH AVENUE AND 1-95, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRA¥ BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 31-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 1.~,D, This Item was deleted. 12.E. This Item was deleted, 12~F, Ordinance No. 34-92. Ordinance No. 3~-92, rezoning and placing land presently zoned OS (Open Space) district in R-lA (Single Family Residential) district; said land being located on the northwest corner of S.W. 2nd Street and S.W. 25th Avenue, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. -13- 8/25/92 The City Manager presented Ordinance No. 34-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED OS (OPEN SPACE) DISTRICT IN R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON THE NORTHWEST CORNER OF S.W. 2ND STREET AND S.W. 15TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRI-CT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING ~ GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 34-92 on First 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. 12.G..Q~dinance No. $2-92. Ordinance No. 35-92, rezoning and placing land presently zoned GC (General Commercial) district, in part, and MIC (Mixed Industrial and Commercial) district, in part, in MIC (Mixed Industrial and Commercial) district; said land being located on the north side of West Atlantic Avenue, approximately 190 feet west of Congress Avenue, is before the Commission on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager presented Ordinance No. 35-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT, IN PART, IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, APPROXIMATELY 190 FEET WEST OF CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Richard Eck~rle, questioned why this change is coming up when the land is developed in one piece. In reply, David Kovacs stated when the Land Use Plan and zoning maps were created there was not a good base map in that area and the -14- __ 8/25/92 maps don't reflect what is there. The maps will be changed to reflect what is there. Dr. Alperin moved for the adoDtion of Ordinance No. 35-92 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.H. Ordinance No. 36-92. Ordinance No. 36-92, rezoning and placing land presently zoned R-iA (Single Family Residential) district in CF (Community Facilities) district; said land being located at the southeast corner of N.W.3rd Avenue and N.W. 1st Street and the northwest corner of N.W. 2nd Avenue and N.W. 1st Street, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager presented Ordinance No. 36-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF · DELRA¥ .... BEACH,FLORIDA, . REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.W. 3RD AVENUE AND N.W 1ST STREET AND THE NORTHWEST CORNER OF N.W. 2ND AVENUE AND N.W. lST STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 36-92 on First Reading, 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. 12.I. Qrdinanc9 No. $7-92. Ordinance No. 37-92, rezoning and placing land presently zoned CBD (Central Business District) in CF (Community Facilities) district; said land being located at the southwest corner of N.E. 4th Avenue and N.E. 3rd Street, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager presented Ordinance No. 37-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN CF (COMMUNITIES FACILITIES) DISTRICT; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.E. 4TH AVENUE -15- 8/25/92 AND N.E. 3RD STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 37-92 on First Reading, 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. 12.J. Ordinance No. 38-92. Ordinance No. 38-92, rezoning and placing land presently zoned PC (Planned Commercial) district in RM (Multi-Family Residential) district; said land being located on the west side of Florida Boulevard, between Dogwood Drive and Avenue "C", is before.the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8,..~992. .The City Manager~presented Ordinance No. 38-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN RM (MULTI-FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN DOGWOOD DRIVE AND AVENUE "C", AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 38-92 on First 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. 12.K. Ordinance No. 39-92. Ordinance No. 39-92, rezoning and placing land presently zoned RM (Multi-family Residential) district in R-1AA (Single Family Residential ) district; said property being located on the southwest corner of Brooks Lane and Ocean Boulevard, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager presented Ordinance No. 39-92: -16- 8/25/92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTI-FAMILY RESIDENTIAL) DISTRICT IN R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON THE SOUTHWEST CORNER OF BROOKS LANE AND OCEAN BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 39-92 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. I~,L, 0r~in~nce.NQ, 40-92.. Ordinance No. 40-92, rezoning and placing land presently zoned MIC (Mixed Industrial and Commercial) district, in part, and. GC~.(General Commercial) district, in part, in MIC~i(Mixed Industrial and Commercial) district; said land being located on the south and north sides of West Atlantic Avenue between 1-95 and Congress Avenue, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager presented Ordinance No. 40-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, IN PART, IN MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND IS LOCATED ON THE SOUTH AND NORTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN 1-95 AND CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 40-92 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.M. Qr~inance No. 4~-92. Ordinance No. 41-92, amending Subsection 4.6.15(g) "Yard Encroachment" of the Land Development Regulations to -17- 8/25/92 allow swimming pools to be located to within five feet of a rear or side yard, when such property line is adjacent to at least 50 feet of open space, and to reduce the minimum street side setback required for swimming pools from 15 feet to 10 feet, is before the Commission on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager presented Ordinance No. 41-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.6.15, "SWIMMING POOL, WHIRLPOOLS, AND SPAS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.15(G), "YARD ENCROACHMENT", TO ALLOW SWIMMING POOLS TO BE LOCATED TO WITHIN FIVE FEET OF A REAR OR SIDE PROPERTY LINE, WHEN SUCH PROPERTY LINE IS ADJACENT TO AT LEAST 50 FEET OF OPEN SPACE, AND TO REDUCE THE MINIMUM STREET SIDE SETBACK REQUIRED FOR SWIMMING POOLS FROM 15 FEET TO 10 FEET; PROVIDING A .... SAYING,s.CLAUSE; PROVIDING~,,A~GENERAL~REPEALER ~CLAUSE; ~iPROVIDING:'AN~EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 41-92 on First 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. Before roll call a discussion was had with regard to land- scaping for fences and side yards for pool areas. It was the consensus of the majority of the Commission to come back with some thoughts for a workshop meeting. At this point the roll was called to the motion. I$,N. Ordin~nc~ NOt 42-92. Ordinance No. 41-92, amending the Land Development Regulations to update the off-site parking regulations, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held September 8, 1992. The City Manager presented Ordinance No. 42-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBPARAGRAPH 4.6.9(E)(4) IN ITS ENTIRETY AND ENACTING A NEW SUBPARAGRAPH 4.6.9(E)(4); -18- 8/25/92 PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 42-92 on First Reading, 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. At this time the Commission returned to the Regular Agenda. 9.G. D~ignation A~ A Qitywide Fag~lity/Authorization To Transfer Funds. The Commission is to consider designating the Tennis Stadium and facilities as a Citywide facility in order to pull funds from all Impact Fee Zones and authorize staff to transfer funds from various accounts. Approval is recommended. Dr. Alperin moved approval of the budget transfer and authorization of the Tennis Center, seconded by Mr. Andrews. Upon roll ..call the.Commission voted as follows: Mr. Andrews - Yes; Mr. ~Rand01ph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes;.Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.H. .Authorization To Proceed/Beach Nourishment Project. The Commission is to consider authorizing Coastal Planning and Engineering, Inc. to proceed with the construction phase engineering for the Beach Nourishment project and approve a deduct change order for the bidding and negotiation phase. City manager recommends approval. Mr. Randolph moved authorization 'to proceed with the Beach Nourishment Program, 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,I, Re~ection Of Bid And Authorize Proj~ R~-Bi~, The Commission is to consider rejecting the bid submitted for 18 HOP Hydraulic Unit with Hydra-Stop side tap adaptor kit and accessories and authorize staff to re-bid the project following modification of the bid specifications. City Manager recommends approval. Dr. Alperin moved to reject the bid for the Hydraulic Unit and to authorize a rebid, 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,J, Amendment No. 7A To Service Authorization No. 7/Hazen And Sawyer. The Commission is to consider approval of an amendment to Service Authorization No. 7 in the amount of $26,310 for consulting engineering services to prepare specifications, contract drawings, permit application, bidding, negotiation and construction services for -19- 8/25/92 roadway improvements for the Silver Terrace project area; with funding from Decade of Excellence Bond Issue - Street Reconstruction (Account No. 225-3162-541-61.17). City Manager recommends approval. In reply to Mr. Andrews with regard to Silver Terrace, William Greenwood, Director of Environmental Services, stated that with the proposed improvements on 10th Avenue, which is upgrading the major water line and the proposed water line on Dixie, the single family and multi-family type drinking water requirements, required fireflow and sewer line will be taken care of. An RM-12 can be put in the whole area without a problem. In reply to Mr. Randolph, Bill Greenwood stated the sidewalks are on'both sides of the street. For Silver Terrace, the road improve- ments, drainage and sidewalks are for Miami and Collins which is just the one big loop out to Dixie and does not include any of the other side streets. Mr. Andrews moved approval of Amendment #7A, Service Authorization with modifications that the sidewalks not be bid on or built at this time, seconded by Dr. Alperin. Upon roll call the .~Commission ~oted~as~.follows: Mr..~..Mouw- Yes; Dr. Alperin - Yes; Mr. Andrews -.Yes; Mrs. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.K, Awsr~ Of PrQject/Johnson And Davis, Inc, The Commission is to consider awarding the project for sanitary sewer installation on Lake Drive and N.W. 13th Street to Johnson and Davis, Inc. in the amount of $22,734; with funding from 1991 Water and Sewer Revenue Bond Issue - Enclave Water/Sanitary Sewer Phase I (Account No. 447-5167-536-60.31). City Manager recommends approval. Mr. Andrews moved approval of the project to Johnson and Davis, Inc., seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. COMMENTS AND INOUIRIES ON NON-AGENDA ITEMS 13.A.1. Mr. Andrews stated he would like a complete review of the expenditures for Auburn Trace; finances, payments, etc., in complete detail. 13.A.2. Mr. Andrews stated he would like to utilize the vacant housing at Auburn Trace for victims of the hurricane. 15,A,$, Mr. Randolph questioned the status of the families that are being displaced for the tennis area to be built. The City Attorney stated a memo went out last week informing the Order of Taking hearing will occur October 6, 1992 and alternative housing is trying to be secured for the displaced families. -20- 8/25/92 t3,A.4. Mayor Lynch stated with all the numerous complaints about the roads on North Federal Highway being torn up over and over again, there should be some legal way to pre-qualify the bids. 13.A.5. Mr. Mouw had no comments or inquiries at this time. 13.A.6. Dr. Alperin stated he is in support of Mr. Andrews suggestion to utilize Auburn Trace, if possible, for hurricane victims. 13.B.1. The City Attorney had no comments or inquiries at this time. 13.C.1. The City Manager stated the worksession scheduled for September 1, 1992 is primary day; therefore the time will be changed to 7:00 P.M. 13.C,2, The City Manager commended the City staff for their superior performance during the hurricane. 13.C.3, The City Manager requested David Kovacs clarify the submission for the SAD on the Delint issue. Mayor Lynch stated this should be reviewed closely by staff and Commission.~and.~then~broughtback~for.further.consideration. Mayor Lynch declared the meeting adjourned at 9:40 P.M. Cik~-dle~ ' 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 August 25, 1992, which minutes were formally approved and adopted by the City Commission on City- C~erk -~ / NOTE TQ 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 -21- 8/25/92 been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -22- 8/25/92