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09-08-92 SEPTEMBER 8, ~997 A Regular meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:02 P.M., Tuesday, September 8, 1992. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden City Attorney Jeffrey S. Kurtz 2. The Opening prayer was delivered by Pastor C. Scott Gress of Trinity Lutheran Church. : The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch requested that Item No. 8.M. be removed from the Consent Agenda and placed at the beginning of the Regular Agenda as Item No. 9.A.A. The City Attorney requested that Item No. 9.E. be deferred until September 22, 1992. The City Manager requested .that Items No. 8.A. and 9.B. be deferred until the meeting of September 22, 1992, and stated that Item No. 9.L. has been added to the agenda as an addendum. Dr. Alperin moved for approval of the 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. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Approval of Regular Meeting minutes. NONE. §, Proclamations. A. Mayor Lynch read and presented a proclamation to Tony Durante recognizing and commending him for his commitment to humanitarian service and his dedication to the community. B. Mayor Lynch presented a proclamation proclaiming October 1, 1992, as "BOOK IT! DAY". C. Mayor Lynch read and presented a proclamation proclaiming the year of 1992 as "THE 50TH ANNIVERSARY OF THE 9/8/92 FLORIDA RECREATION AND PARK ASSOCIATION". Joe Weldon, Director of Parks and Recreation, came forward to accept the proclamation. D. Mayor Lynch read and presented a proclamation proclaiming September 22, 1992, as "AMERICAN BUSINESS WOMEN'S DAY". Jeanette Taylor, President, came forward to accept the proclamation. E. Mayor Lynch presented a proclamation proclaiming the week of September 21 through 25, 1992, as "INDUSTRY APPRECIATION WEEK". 7, Presentations. NONE. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: ~,A, DEFERRED TO THE REGULAR COMMISSION MEETING OF SEPTEMBER 22~ 1992. · 8.B. ~ _~Ratification of South Central Regional Wastewat~r 'Treatment and Disposal Board Operating Budget. The Commission 'is to consider ratifying the SCRWTD Board operating budget for fiscal year 1992-1993 in the amount of $3,154,950. Approval is recommended. Ra~ification of South Central Regional Wastewater Treatment and Disposal Board Capital Budget. The Commission is to consider ratifying the SCRWTD Board action approving Capital Expenditures for fiscal year 1992-1993 in the amount of $62,000. Expenditures are to be assessed 50% to Boynton and 50% to Delray Beach; with funding from Water and Sewer Fund Computer Equipment (Account No. 441-5142-536-64.11/$17,500) and Water and Sewer Fund Equipment Other (Account No. 441-5142-536-64.90/$13,500). Approval is recommended. $.D. Ra~ification of South Central Regional Wastewater Treatment and Disposal Board Organizational Chart. The Commission is to consider ratifying the SCRWTD Board action of August 26, 1992, approving the positions stated in the 1992 Organizational Chart. Approval is recommended. Authorization to Initiate an Amendment to the Future Land Use Map. The Commission is to consider authorizing staff to initiate an amendment to the Future Land Use Map from Recreation and Open Space to Commercial Core and to initiate rezoning action from CF (Community Facilities) to CBD (Central Business District) to accommodate a dining deck on a portion of Veteran's Park. Authorization is recommended. $,F, Reques~ for Payment/Community Redevelopment Agency. The Commission is to consider approval of a request for payment from the Community Redevelopment Agency in the amount of 2 9/8/92 $45,311.10 for the purchase of the vacant lot located at 51N.E. 2nd Avenue (Ocean City Lumber), with funding from Decade of Excellence Bond Issue - Neighborhood Improvement (Account No. 225-2712-524-6176). Approval is recommended. 8.G. Settlement of Workers' CompensatioD Clai~. The Commission is to consider approval of a settlement of the Ziegler Workers' Compensation claim. 8,~, W~iver Qf Landscape Requirements/Blue Max. The Commission is to consider waiving the perimeter landscape requirements on a portion of the south boundary of the property by reducing the required five foot wide landscape strip to 2.5 feet and omitting the required hedge and trees for Blue Max Autohaus, subject to the condition that an eight foot high opaque wood fence be installed along the south property line. Approval is recommended. W~iver of Landscap~ Requirements/Tenni~ C~nter. The Commission is to consider waiving the north and south perimeter landscape requirements for the proposed expansion of the Tennis Center~.~located.~at ~the~no~thwest. corner ~of .'Atlantic Avenue~and N.W.' 1st Avenue.~ Approval is recommended. 8.J, Voluntary Cooperation Mutual Aid Agreement. The Commission is to consider approval of a voluntary cooperation Mutual Aid Agreement with the Boca Raton, Boynton Beach, Greenacres, Lake Worth, Jupiter, Palm Beach County, West Palm Beach, Royal Palm Beach, Mangonia Park and Riviera Beach Police Departments which forms a County-wide Multi-Jurisdictional Roadway Safety and Sobriety Checkpoint Task Force. Approval is recommended. Service Authorization/Coastal Planning and Engineering. Inc. The Commission is to consider approval of a service authorization to the contract with Coastal Planning and Engineering, Inc., for pre and post construction surveys, with funding from Beach Restoration - Erosion Control (Account No. 332-4164-572-34.38). Approval is recommended. Renewal of Tennis Pro Agreement. The Commission is to consider approval of a one year renewal to the agreement with Mr. Ed Foster, for tennis professional services. Approval is recommended. 8.M. MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.AA. Deduct Change Order/Boy Scout ~U~. The Commission is to consider approval of a deduct change order in the amount of $889.22 for the~Boy Scout Hut project and approval of the 30-day extension to provide electrical service to the irrigation pumps. Approval is recommended. -3- 9/8/92 8,iiO,I Resolution No. 97-92. Resolution No. 97-92, vacating and abandoning a two foot section of an eight foot utility easement located within Lots 7 and 8, Block 2A, Lakeview Heights, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 97-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE SOUTH 2.0 FEET OF THAT CERTAIN UTILITY EASEMENT, 8.0 FEET IN WIDTH, ACROSS THE NORTHERLY PORTION OF LOTS 7 AND 8, BLOCK 2A, LAKEVIEW HEIGHTS UNIT NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 97-92 is on file in the official Resolution Book) ~,P, i ~Resolution No. 96-92 · Resolution. No 96-92, assessilng ~the ~costs. for~abatement action'necessary to remove nuisances on 30 properties located within the City is before the Commission for consideration. The caption of Resolution No. 96-92 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. 96-92 is on file in the official Resolution Book) 8.0. Award of Bids and Contracts. 1. Demolition - Tennis Center site - K & K Wrecking Corporation in the amount of $19,000 with funding from General Construction Fund - Tennis Center/Stadium (Account No. 334-4145-572-63.41). -4- 9/8/92 Dr. Alperin moved for approval of the Consent Agenda, as amended, 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. REGULAR AGENDA 9.A.A. GelGQ Tra~%er Lease Renewal. The Commission is to consider renewing the lease with Gelco Space for two double wide trailers being used by the Fire Department at a cost of $600 a month with funding from Fire Administration - Rental Equipment (Account No. 001-2311-522-33.42). Dr. Alperin questioned the status of the Gelco site. The City Manager stated an additional extention was granted by the Code Enforcement Board. Digby Bridges, Architect, stated the site plan has been prepared; however, the problems arising are with the lessee of the property to the south (Ellison) and not with Gelco. Mr. ~Andrews.~commented that.~he feels this is.a ~legal~problem that 'should be turned, over to the City Attorney and finalized by the next scheduled meeting. Dr. Alperin moved to approve the renewal of the lease with Gelco Space, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.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 24, 1992 through September 4, 1992. Dr. Alperin moved to receive and file the report, 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. 9.B. DEFERRED TO THE REGULAR COMMISSION MEETING OF SEPTEMBER 9.C. Appointment of an Attorney/Civil Service Board. The Commission is to consider the appointment of an attorney to advise the Civil Service Board at the hearing scheduled on September 30th. Mr. Mouw moved for the appointment of Robert Federspiel to represent the Civil Service Board in the Cassandra Wells hearing, seconded by Dr. Alperin. Upon roll call the Commission -5- 9/8/92 voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - No. Said motion passed with a 3 to 2 vote. 9.D. Palm Beach County Comprehensive Substance Abuse Program. The Commission is to consider forwarding a revised letter to the Palm Beach County Sheriff's Office for the continuation of the Palm Beach County Comprehensive Substance Abuse Program. City Manager recommends approval. Mr. Randolph questioned how the officers are selected for this program. The City Manager stated that he would learn how the selection was made and contact Mr. Randolph. Dr. Alperin moved for approval, seconded by Mr. Randolph. Mr. Mouw expressed the opinion that the City is not receiving its fair share and feels this should be looked into regarding yearly expenditures, budget, etc. .~Dr.. Alperin.~amended~his.motion.to include a request f~or a proposed budget for FY 1992/1993 and an itemized list of the expenses for the current year, Mr. Randolph amended his second. 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,E, DEFERRED TO THE REGULAR COMMISSION MEETING SCHEDULED FOR SEPTEMBER 22. 1992. 9,F, Amendment No. 1 to Service Authorization No. $/GH2M Hill. The Commission is to consider approval of an amendment to Service Authorization No. 8 for additional engineering services for the abandonment and replacement of City Production Well No. 7, with funding from Renewal and Replacement - Well Rehabilitation - Replacement and Upgrade in the amount of $10,706 (Account No. 442-5178-536-61.82). City Manager recommends approval. Dr. Alperin moved for approval of Amendment No. 1 to Service Authorization No. 8 and the transfer of funds as requested, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9,~. Change Order No. 1/Meridith Corporation. The Commission is to consider approval of a change order in the amount of $75,368 and which extends the contract completion date by 30 days to abandon existing Well No. 7, to construct a new well at N.W. 3rd Street and N.W. 2nd Avenue and to change the flowmeters at the 20 Series Wellfield from 304 stainless steel to 316 stainless steel, with funding Renewal and Replacement - Well -6- 9/8/92 Rehabilitation - Replacement and Upgrade (Account No. 442-5178-536-61.82). City Manager recommends approval. Mr. Andrews commented that he feels there is a need for an appointee to attend the South Florida Water Management District meetings and questioned the City Attorney how this should be pursued. The City Attorney advised that the City must comply with the bylaws of the SFWMD, as opposed to amending the City's Charter. There is no way the Commission can delegate a person to be an ad hoc commissioner or a representative. He further stated that there are no elected officials in the SFWMD, but only those appointed by the Governor. However, the City could make recommendations. If the Commission should choose to send a Commissioner, along with a staff person or an outside expert, that Commissioner could be paid per diem expense without incurring a Charter change. Mayor Lynch suggested notifying the Municipal League requesting that they get involved with the South Florida Water Management District meetings. Dr. Alperin~moved toapprove Change Order seconded by Mr.~Randolph. Upon roll call the Commission voted follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,H.~ Change Order No. 7/Elkins Constructors. Inc. The CommiSsion is to consider approval of a change order in the amount of $31,500 to the contract with Elkins Constructors, Inc., to incorporate all the signals from remote facilities into the panel board and computer system at the Water Treatment Plant with funding from 1991 Water and Sewer Revenue Bond Capital Outlay - Buildings (Account No. 447-5164-536-60.31). City Manager recommends approval. Dr. Alperin moved for approval of Change Order No. 7/Elkins Constructors, Inc., 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. 9.I, Appointment of a Member to the Delray Beach Housing ~A~. The Commission is to consider the appointment of a member to fill the vacancy on the Delray Beach Housing Authority to a term ending July 14, 1994. Dr. Alperin recommended Lawrence A. Hunt and Mayor Lynch voiced his agreement, as it is his appointment. Dr. Alperin moved for the appointment of Lawrence A. Hunt to the Delray Beach Housing Authority, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor -7- 9/8/92 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, Request ~o Place Signs in City's Right-of-Way. The Commission is to consider approval of a request from The Coast to Coast Cat Fanciers to place signs in the rights-of-way at the north and south ends of Federal Highway two weeks prior to an event scheduled for September 26 and 27, 1992. Consideration is recommended. Mr. Mouw moved to approve the request, 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. Mr. Randolph questioned the status of the removal of signs of the defeated candidates of the primary that still linger in the rights-of-way. The City Attorney stated there is a time requirement in the existing ordinance indicating removal; however, due to potential litigation, in August the Commission suspended the operation of that ordinance and the City is working ...... on:~something::to.::avoid~hat~:litigation. "~'ii~j Lula Butler, Director of Community Improvement, stated that each of the campaign offices have been called and a request made to remove the signs. 9.K, ~esolu~ion No. 92-92. Resolution No. 92-92, authorizing the issuance of not exceeding $3,000,000 principal amount General Obligation Bond Anticipation Note, Series 1992A, is before the Commission for consideration. The City Manager presented Resolution No. 92-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF THE NOT EXCEEDING $3,000,000 PRINCIPAL AMOUNT GENERAL OBLIGATION BOND ANTICIPATION NOTE, SERIES 1992A, OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO A LINE OF CREDIT MADE AVAILABLE THROUGH BARNETT BANK OF PALM BEACH COUNTY FOR THE PURPOSE OF PROVIDING SHORT-TERM FINANCING FOR VARIOUS DECADE OF EXCELLENCE PROJECTS INCLUDING BUT NOT LIMITED TO THE COST OF DESIGN, ENGINEERING AND CONSTRUCTION OF VARIOUS FIRE FACILITIES PROJECTS; PROVIDING FOR THE TERMS AND PAYMENT OF SAID GENERAL OBLIGATION BOND ANTICIPATION NOTE, SERIES 1992A, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID GENERAL OBLIGATION BOND ANTICIPATION NOTE, SERIES 1992A; AUTHORIZING THE PROPER OFFICERS OP THE CITY TO DO ALL 8 9/8/92 OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID NOTE; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 92-92 is on file in the official Resolution Book) Joe Safford, Director of Finance, announced that the Bond Resolution was to be prepared by Mudge Rose and delivered to City Hall, but it has not arrived at this time. Mr. Andrews moved to table this item until later in the evening, 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. ~.L. Local Cooperation Agreement Between the Department of ~he A~my an~ the City of Delray Beach for Construction of the Beach Nourishment Project. The Commission is to consider approval of the final draft of the Local Cooperation Agreement (LCA),~>~authorizing~.the Mayor to ~execute ~the agreement one.behalf of the City. Dr. Alperin moved for approval, subject to working out the satisfactory terms with the County, 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. FIRST READINGS 12.A. Ordinance No. 32-92. Ordinance No. 32-92, amending Chapter 52 of the Code of Ordinances to provide for a decrease in the customer capacity charges for water for both residential and non-residential customers, both inside and outside the City and to increase the charges per 1,000 gallons of consumption for water, is before the Commission for consideration on .First Reading. If passed, Public Hearing will be held September 22nd. The City Manager presented Ordinance No. 32-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBHEADING "RATES, CHARGES, AND FEES", SECTION 52.34, "WATER RATES", SUBSECTION (B), "MONTHLY RATES", TO PROVIDE FOR A DECREASE IN THE CUSTOMER AND CAPACITY CHARGES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, AND TO INCREASE THE COMMODITY CHARGE PER 1,000 -9- 9/8/92 GALLONS OF WATER CONSUMPTION, BY AMENDING SECTION 2.4.3(K)(5), "USER FEES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 2.4.3(K)(5)(a) IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION 2.4.3(K)(5)(a) TO PROVIDE FOR THE CORRECT CODE REFERENCE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 32-92 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.B, Or~inanc9 No. $3-92. Ordinance No. 33-92, amending Chapter 54 of the Code of Ordinances to provide for changes in ~.sewer~ serviced.rates and.,icharges for.residential dwelling unit~, both.inside, and~outside the City, to increase the capacity charge and charge per 1,000 gallons and to decrease both residential and nonresidential/commercial customer charges, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 22nd. The City Manager presented Ordinance No. 33-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS" CHAPTER 54, "SEWERS", SUBHEADING "RATES ~ND CHARGES" OF THE CODE OF ORDINANCES OF THE CITY OF 'DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARGES", SUBSECTION (B), TO PROVIDE FOR AN INCREASE IN THE CAPACITY AND COMMODITY CHARGES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY, AND TO DECREASE SAID RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL CUSTOMER CHARGE; BY AMENDING SECTION 2.4.3(K)(5), "USER FEES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 2.4.3(K)(5)(c) IN ITS ENTIRETY, AND ENACTING A NEW SUBSECTION 2.4.3(K)(5)(c) TO PROVIDE FOR THE CORRECT CODE REFERENCE; PROVIDING A SAVING CLAUSE; PROVIDING A. GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -10- 9/8/92 Mayor Lynch welcomed comments from the floor at this time. Jean Beer, resident, questioned, with the increase in rates, if the maximum amount to be charged is going to be changed, especially for those residents who live near the ocean or Intracoastal and use City water to sprinkle lawns. Mr. Safford responded that it will remain at a 12,000 gallon cap. Dr. Alperin moved for the adoption of Ordinance No. 33-92 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.C. Ordinance No. 43-92. Ordinance No. 43-92, amending Chapter 51 of the Code of Ordinances to provide for increased garbage and trash service charges and fees for residential service and commercial service, to provide for an increase in the fee for residential customer recycling service and to provide for fees for separate vegetation collection service, is before the .Commission. for ...... consideration on First .~Reading. City ~Manager . recommends approval. If passed, Public Hearing will be held September 22nd. The City Manager presented Ordinance No. 43-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS" CHAPTER 51, "GARBAGE AND TRASH, OF THE COD~ OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE; TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; TO PROVIDE FOR FEES FOR SEPARATE VEGETATION COLLECTION SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 43-92 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - No. Said motion passed w~th a 3 to 2 vote. Before roll call the following discussion was had: -ll- 9/8/92 Mr. Andrews expressed the feeling that this will result in a mess. The City Manager stated that the State Legislature has mandated separate collection of vegetation. Upon question by Mr. Andrews with regard to penalty, should residents not comply, an answer was not readily available. The City Attorney stated that information will be included at the time of Second and FINAL ReaRing. At this point the roll was called to the motion. 12,D, 0r~inance No. 44-92. Ordinance No. 44-92, amending Chapter 50 of the Code of Ordinances to provide for an increase in the public service tax on the purchase of electricity from 8.5% to 9.5% and providing for an exemption to residential users only in the amount of 90 kilowatt hours, is before the Commission for consideration on First Reading. City Manager recommends approval. If passed, Public hearing will be held September 22nd. The City Manager presented Ordinance No. 44-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY ./OF ..DEL~AY BEACH, .-FLORIDA, AMENDING :.:~ CHAPTER 50, "UTILITIES GENERALLY; PUBLIC ~ SERVICE TAX", SECTION 50.15, "LEVY OF TAX", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR AN INCREASE IN THE PUBLIC SERVICE TAX ON THE PURCHASE OF ELECTRICITY FROM 8.5% TO 9.5%; PROVIDING FOR AN EXEMPTION TO RESIDENTIAL USERS ONLY IN THE AMOUNT OF 90 KILOWATT HOURS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor to comments from the public. Richsr~ EGkerle, resident, commented that the original discussion indicated that this would be a commercial tax; however, he figured the use for his home and he feels the minimum was too low prior to increasing the residential fee. The City Manager explained that the tax is on everyone, but there is an exemption for residential use for the first 90 kilowatt hours, which, on an average, offsets the increase. Mr. Andrews stated the commercial part of the tennis facility is one portion, the remaining portion will be for the use of the citizens of Delray. It is his feeling that the amount of money that is specifically allocated for the Virginia Slims should be put on the businesses and the balance of what is left -12- 9/8/92 in the residential should come from that area, as it is the residential element of the tennis center. Mr. Safford stated there is no way to fully exempt every resident. All residents under the 8.5% average will pay exactly what they were paying before. Under the new percentage, with the exemption, they will pay, at 9.5%, the same dollars as were paid at 8.5%. The City Manager suggested that the Commission adopt the ordinance on First Reading and, if there is to be a change in the composition of the funding package, that should be the direction. Mr. Andrews moved for the adoption of Ordinance No. 43-92 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Dr. Alperin requested that, prior to Second and FINAL Reading, he would like staff to look into raising the minimum to include an allowance for those persons having variations during the year. Mr. Randolph questioned the percentile of citizens that will be contributing to the high end of the increase. The City Manager stated the information will be supplied, if it is available through FP&L. Helen Coopersmith, resident, stated in 1987 a Utility Tax was passed in the amount of $238,000, that was to be used for beautification, etc., west of 1-95 and that has not yet occurred. Now the City is increasing the tax again and the citizens feel there is a definite inequity. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS 10.A. WITHDRAWN BY THE APPLICANT. 10.B. Resolution No. 98-92. Resolution No. 98-92, levying a tentative tax on ali' properties within the City of Delray Beach, is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. City Manager recommends approval. -13- 9/8/92 The City Manager presented Resolution No. 98-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 98-92 is on file in the official Resolution Book) The City Attorney read the entire 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. The City Manager presented two transparencies, one showing the total City revenues and the projected revenues for FY ~1992~1993,.~ all:at the~iadve~tised rate of 6.33 ~mils for operating purposes, orca total of 7.128 mils. The Commission requested that a budget be brought forward at 7.15 mils. He then proceeded to inform the Commission and the public of the proposal he had chosen in order to achieve that, including changes in the budget that were presented at an earlier date. Mayor Lynch commended the City Manager for all the work involved in order to come up with a balanced budget. Mr. Mouw moved for the adoption of Resolution No. 98-92, with the provision of changing the millage to a total of 7.15 as outlined, 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. The City Manager advised that, upon the return of Mr. Safford, the amount by which the City is below the roll back rate must be announced. 10,G, Resolution No. 99-92. Resolution No. 99-92, making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1992 to September 30, 1993, is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. City Manager recommends approval. The City Manager presented Resolution No. 99-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING -14- 9/8/92 TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1992, TO THE 30TH DAY OF SEPTEMBER, 1993; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 99-92 is on file in the official Ordinance Book) The City Attorney read the caption of the resolution. A p~blic 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. .... ~.~.>Deborah!Wrigh~,~.~President~oftheWest~Atlantic ProPer,~y ~Owners .Association,~ protested to the City employee job cu~s recommended in the 1992/1993 budget, at a time when the jobless rate is at an all-time high. Rosalind Murray, Village Drive, questioned why the City feels it is necessary to retain a full-time lobbyist, now that the district will be represented by three persons. She also would like to see a record of all the lobbyist's accomplishments for the years 1991 and 1992, in order to better understand how her position is justified. David Bayless, speaking on behalf of the City employees, commented that he feels cutting the employees wages is not the way to lower the budget. There seem to be some inequities regarding wages and merit increases, leaving very little incentive for the employee. Stanley Milosky, Allen Avenue, questioned what the total increase in taxes will be for each resident. The public hearing was closed. The City Manager advised that the millage rate is 2.5% below the roll back rate, which is the millage that would bring in the same amount of revenue as in the prior year. Property taxes directly reflect the assessed value. The City Manager responded to the comments from Mr. Bayless by stating that the 3% merit, with an average of 1.5% was a proposal which has been made in bargaining sessions with the union, not what has been discussed this evening for non-union employees, which is 0% to 5%, with 3% budgeted for merit -15- 9/8/92 increases. He further stated that he will bring the information regarding the accomplishments of the City Lobbyist to the next Regular meeting. Dr. Alperin moved for the adoption of Resolution No. 99-92, 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. 10,D, R~solution No. 100-92/Stormwater Utility. Resolution No. 100-92, establishing a budget for the Stormwater Utility System, establishing rates for Stormwater Management Assessments for each parcel within the benefited area, other than non-assessed property, providing for a public hearing and providing for the certification and adoption of the Stormwater Management Assessment Roll, is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. City Manager recommends approval. iThe. City Manager~presented. Resolution No. 100-92: ~.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH ORDINANCES NO. 21-90, 49-90 AND 8-91 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL. (Copy of Resolution No. 100-92 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. 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. Bill Schwartz, 3863 Live Oak Boulevard, Director of Del-Aire Property Owners Association, spoke in opposition of the bureaucracy of the stormwater system. On behalf of the Homeowners Association, he has been requested to voice their objections one more time. There are no storm drains or no stormwater services of any type provided in the Del-Aire community, there never will be and they should not be paying for it. He requested that the Commission reconsider this, as they feel it is wrongful taxation. -16- 9/8/92 The public hearing was closed. Mr. Randolph moved for the adoption of Resolution No. 100-92, 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. 28-92. Ordinance No. 28-92, adopting Comprehensive Plan Amendment 92-1 is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. City Manager recommends approval. 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 ~COMRREHENSIVE ..~LANNING ANDLAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 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. (Copy of Ordinance No. 28-92 is on file in the official Ordinance Book) -17- 9/8/92 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. James Krause, property owner, requested that he and his neighbor would like the Land Use for their property to be changed from RL (Low Density Residential) to Transitional. Mr. Mouw moved for the adoption of Ordinance No. 28-92, including the changes of Mr. Krause's property, Lots 4 and 5, and Lot 6, to Transitional, 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. 36-92. Ordinance No. 36-92, rezoning and placing land presently zoned R-lA (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 Second and FINAL Reading. ~ Prior to~.consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 36-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONiNG AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF N.W. 3RD AVENUE AND NoW. 1ST STREET AND THE NORTHWEST CORNER OF N.W. 2ND AVENUE AND N.W. 1ST 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. (Copy of Ordinance No. 36-92 is on file in the official Ordinance 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. Michael Brown, representing the affected landowners that will be impacted should this ordinance be adopted, stated he has filed a notice of appeal pursuant to the decision made by the Planning and Zoning Board and the Board of Adjustment. The City -18- 9/8/92 does not own the property that is to be rezoned; however, he is of the opinion that, even though the City has filed a condemnation action, that does not allow the City the right to file this action and attempt to rezone this property. He requested that the Commission not adopt this ordinance tonight. The public hearing was closed. The City Attorney recommended that this ordinance be deferred until the October 13th Regular Commission meeting. The hearing on taking possession of the property is scheduled for October 6th and, at that time, the ownership question should be resolved. Mr. Randolph moved to defer this item until the Regular Commission meeting of October 13, 1992, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Upon question by Dr. Alperin regarding other parcels not owned by ~the.~City.~that. have been rezoned, the City Attorney ~responded that the City has the ability to institute rezoning petitions on any parcel of land within the City; it is one of the inherent police powers and it has been done on numerous occasions. When there is an eminent domain proceeding pending through the Court system, the law protects owners from the potential of governmental entity downzoning the property. 10.F.1, Conditional U~ Approval. The Commission is to consider a conditional use request to establish a Tennis Stadium as a part of the Municipal Tennis facilities. Dr. Alperin moved to defer this item until the Regular Commission meeting of October 13, 1992, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.G. Ordinance 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 for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 29-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MIC MIXED -19- 9/8/92 INDUSTRIAL AND COMMERCIAL)DISTRICT IN I (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 A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 29-92 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 29-92 on Second and FINAL Reading, 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.H. Ordinance NO, 30-92. Ordinance No. 30-92, 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, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 30-92 is on file in the official Ordinance Book) -20- 9/8/92 Assistant City Attorney Tolces 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. 30-92 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 - Y~s Said motion passed with a 5 to 0 vote. h0,I, 0r~inance NQ, 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. ~.The~City.'~Manager~!presented~.Ordinance No. ~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. 20TH STREET, BETWEEN S.W. 17TH AVENUE AND 1-95, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 31-92 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw moved for the adoption of Ordinance No. 31-92 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.J, Ordinance No. 34-92. Ordinance No. 34-92, 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. 15th Avenue, is -21- 9/8/92 ,LI J before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-92: AN ORDINANCE OF THE CITY COMMI'SSION 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 SW. 15TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-92 is on file in the official Ordinance Book) ~Assistant.City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 34-92 on Second and FINAL 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. 10.K. Ordinance No. 35-92. 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 for consideration on Second and'FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 -22- 9/8/92 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. (Copy of Ordinance No. 35-92 is on file in the official Ordinance Book) Assistant City Attorney Tolces 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. ~elen Coopersmith, resident, expressed concern with this location and questioned the reasoning behind this. Mr. Kovacs stated he feels there is no more potential for the construction of a recycling plant than in previous years. The public hearing was ~closed. ~ i~'! Mr. Mouw moved for the adoption of Ordinance No. 35-92 on Second and FINAL 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. lC.L, Q~dinance N~, $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 Auenue and N.E. 3rd Street, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.E. 4TH AVENUE 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. -23- 9/8/92 (Copy of Ordinance No. 37-92 is on file in the official Ordinance Book) Assistant City Attorney Tolces 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. 37-92 on Second and FINAL 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. Mr. Andrews left the Commission Chambers at this time. 10,M, Ordinance No. $8-92. 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 38-92 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 38-92 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; -24- 9/8/92 Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, the City Attorney requested the Commission reconsider Item No. 10.L. (Ordinance No. 37-92) and defer action on the ordinance until such time as the City acquires the property. Dr. Alperin moved to reconsider Ordinance No. 37-92, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to defer consideration of Ordinance No. 37-92 on Second and FINAL Reading until the City has acquired the property, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.N. Ordinance No. 39-92. Ordinance No. 39-92, rezoning and ~.placing land ~'i~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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 39-92: 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. (Copy of Ordinance No. 39-92 is on file in the official Ordinance Book) Assistant City Attorney Tolces 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. -25- 9/8/92 Dr. Alperin moved for the adoption of Ordinance No. 39-92 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 10.O. Ordinance No. 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 (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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 40-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND ~PLACING i~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. (Copy of Ordinance No. 40-92 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw moved for the adoption of Ordinance No. 40-92 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. ~0,P, Ordinanc~ NQ, 41-92. Ordinanc~ No. 41-92, amending Subsection 4.6.15(G) "Yard Encroachment" of the Land Development Regulations to 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 -26- 9/8/92 street side setback required for swimming pools from 15 feet to 10 feet, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 iFEET TO 10 FEET; PROVIDING A .~ 'SAVING CLAUSE; PROVIDING A GENERAL REPEALER ~' CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 41-92 is on file in the official Ordinance Book) Assistant City Attorney Tolces 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. 41-92 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Said motion passed with a 4 to 0 vote. Mr. Andrews returned to the Commission Chambers at this time. 10,Q, Ordinance No. 42-92. Ordinance No. 42-92, amending the Land Development Regulations to update the off-site parking regulations, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 42-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING -27- 9/8/92 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 4o6.9(E)(4); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 42-92 is on file in the official Ordinance Book) Assistant City Attorney Tolces 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. 42-92 on Second and FINAL 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. 11. ~omments and Inquiries on NQn-Aqenda Items from the Public. ll.A.1, The City Manager stated, in response to an inquiry regarding the City's earnings from the Municipal Golf Course, the projected net earnings for this FY is 8120,000. The projected net earnings in next year's budget is $130,000. ll.A.2. The City Manager responded to an inquiry concerning the status of the Lakeview Golf Course, by advising that the appraisal has been completed and a proposal has been received to complete an economic analysis of the course operation. It will be necessary to complete this analysis before a decision can be made as to whether or not the City should pursue acquisition of the course. ll.A.~, The City Manager commented, in response to the query about the status of the deed for the Tennis Center from the original owners, that the deed to the City is the subject of a quiet title suit that will be heard in November. ll.A.4. The City Manager stated, in ~esponse to an inquiry regarding the status of the Gelco property, that item was discussed earlier in the meeting. 11.5. The City Manager stated there was also an inquiry about the Hardaway property. The Community Improvement Director has written the Hardaway Company and explained to them that they either need to install certain specified screening according to -28- 9/8/92 their original proposal to the Commission, or the City will initiate proceedings to withdraw their Conditional Use permit for the use of the property. 11,~, FROM THE PUBLIC: ll.B.1. Lillian Feldman, Pines of Delray, stated one of the residents brought several robbery-related items to the attention of the members that have occurred on Flame Vine Avenue since March of this year. They consist of stolen vehicles, stolen license plates, a pistol whipping, a stolen purse and five stolen bicycles. She requested some help, preferably in the form of Police Patrols. ll,B.2, Ms. Nan Hill, representing The Guardians, stated she is speaking on behalf of John Kirkland, Public Information Officer of the Palm Beach Guardians, by reading a printed flyer that was distributed to the Commission in opposition to sexual and racial discrimination that remains alive in Delray Beach. 11.B.3. Lisa Barnes, 216 N.W. 1st Street, stated she is one of ~the.ousted..homeowners as a result of the proposed Tennis Center. After twenty years, she is leaving the area and has located another place to live. She is hoping that the City will be fair with her and provide enough money to allow her to relocate. ll.B.4, Alfred Straghn, 26 S.W. 5th Avenue, commented that he was formerly promised that, with regard to those homeowners on 3rd Avenue, a representative from the City would explain what they needed to do and provide some avenue to assist them with relocating. To his knowledge, this has not happened. Most of these residents are debt-free and he feels it is unfair to place them in a position where they will again be required to make a mortgage payment, especially at their age.~ Mayor Lynch assured him that staff has met with these homeowners. ll,B.5, Mr. Straghn stated that he, too, opposes the firing of Verna Cook and that she should be given a fair chance to represent herself. ll.B.6. Debbie Be~, requested that the Commission reconsider the amount of the dockage increase 'of 10% imposed by the City. Most of the residents living at the marina are working people and they have realized no 10% increase in wages. The City Manager stated the last increase was in 1990 and the Delray Beach City Marina charges less than most of the surrounding municipalities. He also stated it was not formally voted on, but was discussed at a work session, with the general consensus being in favor of the increase and it is part of the budget process. Mayor Lynch stated it will be before the Commission two weeks from tonight at the final budget hearing. ll.B.7. Darlene Thomas, 235 S.W. 10th Avenue, speaking for the residents of Allamanda Gardens, requested that the City keep -29- 9/8/92 their promise made in 1989 to install sidewalks and put the final topping on the road and that this be completed by the end of September, 1992. ll,B.8. Reno Wells, Chairman, Palm Beach County Guardians Legal Committee, spoke in support of Verna Cook. ll.B.9. William Whiqham, 2656 Dorson Way, stated he is speaking to the Commission in support of Verna Cook and not as the Vice-President of the local NAACP branch. ll.B.10. Wiltiem North, Vice-President of County Law Enforcement Organization (CLEO), spoke in support of Verna Cook. ll,B,11 John Francis, representing the Haitian community, spoke in support of Verna Cook and the manner in which she has befriended the Haitian people and assisted in their well-being. The City Manager stated the press reports on Officer Cook's situation, with one exception, have not given a total picture. One important point he would like to clarify is that ~Officer ~Cook violated one of the rules by being out of her district, but that is a minor offense. The serious offense she is charged with is lying under oath in an internal investigation. A hearing is scheduled this week and, should a decision be made against her, she has a right to arbitration. Mayor Lynch commented that the City Commission has only two employees, the City Manager and the City Attorney, and the Commission does not get involved in the day-to-day hiring or firing of employees. Virqinia ~!D_~, resident, stated she feels there has not been a complete investigation regarding the truthfulness of the situation. She feels the members of the church should also be questioned. At this point, the City Attorney advised that Resolution No. 92-92, which had been tabled earlier in the meeting, had arrived from Mudge Rose for consideration by the Commission. The City Manager stated that Barnett Bank has now accepted the terms and conditions. Dr. Alperin moved for the adoption of Resolution No. 92-92, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Abstain; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote, with Mr. Mouw abstaining. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mr. Andrews questioned why the white areas on the zoning map have been eliminated and if they could again be placed back onto the map. -30- 9/8/92 ~3.A.2. Mr. Randolph stated some time ago he requested that Dennis Murray be commended for work that was done in refurbishing the Pompey Park Pool and to date he has received no answer. 13.3. Mr. Randolph stated that he has also requested information on naming something in the area where Marian MacLeod resides, in honor of her contributions to the City. 13.A.4. Mr. Randolph expressed the opinion that the Verna Cook issue is "the lull before the storm" and serious consideration should be given before certain action is taken. There were no comments from Dr. Alperin. 13.A.5. Mr. Mouw requested that staff check into what happened to the five lots the City was going to donate to the Habitat for Humanity. 13.A.6. Mr. Mouw commented that Andrews Avenue still shows the remains of the litter caused by Hurricane Andrew and questioned why.this has not been removed. The City Manager stated that, at one Point, ~the.~Solid~.Waste ~.Authority had stopped accepting materials of that type because it was being trucked here from Dade and Broward County. He advised that he would have this investigated and have an answer for him. 13.A.7, Mr. Mouw questioned the status of a letter or memo written by David Kovacs, Planning Director, regarding Leon Weekes Park and the manner in which he proposed having this placed on the agenda. The City Manager stated there is a conflict between the plan and the budget. The action taken tonight would move it ahead in accordance with Mr. Kovacs' memo. Mr. Mouw requested that this be made a priority before it is too late. 13.A.8. Mayor Lynch questioned if an orientation program is still in effect now that the new Boards have been appointed. 13.A.9. Mayor Lynch commented that, at the time the Planning and Site Board was separated, he felt the goal would be that the Site Plan Review would be geared to the actual properties and issues that arose on individual properties and the Planning Board would be handling the larger items, in addition to looking to long term planning. He feels that the 10th Street issue should have been considered by the Planning Board and that they should take more initiative before those plans are presented to the Commission. He requested that Mr. Kovacs submit to him a two sentence statement of the Goals and Objectives of the new Planning Board. 13.B.1. The City Attorney stated, with respect to the item referred to by Mr. Mouw, that there is a title problem with the Hazel Saunders property that the City attempted to convey to the Habitat for Humanity. It is currently being reviewed and, -31- 9/8/92 hopefully, will be resolved by the next Regular Commission meeting. 13.B.2. The City Attorney advised that a forfeiture proceeding was concluded and $23,000 was received today that will go into the Law Enforcement Trust Fund. 13.B.3. The City Attorney advised that the Supreme Court ruled on the Dimmitt Chevrolet vs. Southeastern Fidelity Insurance case, the case that addresses the pollution exclusion clause under Florida law having very material impact on the City's ongoing litigation with the insurance companies in the Aero-Dri situation. The Florida Supreme Court decided that the sudden and accidental language was ambiguous and should be interpreted in favor of the insured and not the insurers. 13.C. The City Manager had no comments or inquiries. Mayor Lynch declared the meeting' adjourned at 9:25 P.M. ~C-ity- C~rk - ' 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 September 8, 1992, which minutes were formally approved and adopted by the City Commission 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 the City Commission. They will become the official minutes only after they have been reviewed and approved which may -32- 9/8/92 involve some amendments, additions or deletions to the minutes as set forth above. -33- 9/8/92