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10-20-92SpMtg OCTOBER 20, 1992 A Special 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 6:10 P.M., Tuesday, October 20, 1992. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz Mayor Lynch called the meeting to order and announced that this meeting has been called for the purpose of considering the following: 1. Conditional Use Request. The Commission is to consider a request for conditional use approval to establish a multi-pur- pose recreational and entertainment facility on S.E. 1st Avenue (former Delray Bowl building). Planning and Zoning Board recom- mends approval, subject to the conditions listed in the memo dated September 21, 1992. The City Manager stated that this item is continued from the October 13, 1992 regular meeting. Mayor Lynch introduced Mark de Baptiste, currently serving as a member on the Boys and Girls Club and Mary O'Connor, Executive Director for Palm Beach County Boys and Girls Club. They presented a video and gave an overview of the program. Discussion followed. Michael James, President and Chief Executive Operating Officer of the Heritage Association, stated a lot of hard work, time and money has been expended on this project to help the young children of this area and alleviate some of the teen prob- lems. He expressed disappointment that the program is not being well received. The City Attorney stated he had requested that Item No. 2 be placed on the Agenda because, should conditions be imposed that were in violation of the Code, the building operation could not be immediately shut down. If the Commission approves the conditional use and donates or contributes funds toward the upgrading of a water main, through contract, closure of the business operations could be effected. Mr. Andrews stated he feels the youth activities and the after school programs should be addressed by the Education Board. Jonathan Green and Chris Bean, residents, spoke in support of the conditional use, because of the concern for the youth of Delray. Mr. Andrews moved for denial of the conditional use, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. Mr. Andrews moved to direct the Education Board to begin a task and study, reporting back to the Commission within sixty (60) days, on alternative programming for teenagers that is above and beyond the scope of the Boys and Girls Club scenario, seconded by Mr. Mouw. Dr. Alperin stated that this would be a new responsi- bility for the Education Board and they are currently working on a number of projects. A 60 day deadline may appear somewhat overwhelming. Mr. Andrews amended his motion to extend the time frame to a period of ninety (90) days, Mr. Mouw amended his second. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes, Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. The City Manager stated, for the record, he had not met with opponents of this project; however, he spoke with one of them on the telephone. If Mr. Green had requested a meeting with him, he (the City Manager) is unaware of it. 2. Request for Joint Participation/Heritage Association. This becomes a moot issue as a result of the action taken on the above Item No. Ordinance No. 46-92. Ordinance No. 46-92, rezoning a portion of the Linton International Plaza property in conjunction with the establishment of a Checkers Restaurant from PC (Planned Commercial) to GC (General Commercial), is before the Commission for consideration on Second and FINAL Reading. (This is a con- tinuation of the Public Hearing from the October 13, 1992 Regular Meeting). 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. 46-92: --2-- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PORTION OF TRACT "A", LINTON INTERNATIONAL PLAZA PLAT 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 46-92 is on file in the official Ordinance Book) A continuation of the 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. Bob Basehart, representing Checkers Restaurant, gave an overview of the site plan of the project and the request. He advised that Mr. Navilio, the owner, has had a deed restriction prepared for the property, providing that nothing other than a Checkers facility can be placed on the area land covered by the rezoning; however, if Checkers should leave the area, it can be converted back to the original parking configuration and the deed restriction can be removed only by a majority vote of the City Commission. Bill Plum, Vice-Chairman of Carney Bank, spoke in opposition to the rezoning request, primarily because of traffic flow problems and he feels it will not be functional. Discussion followed. The Public Hearing was closed. Mr. Mouw recommended that an internal traffic study be conducted in order to assess the entry and exit count during peak hours and the internal flow. Mr. Mouw moved to postpone this item until the Regular Meeting of October 27, 1992, to address the traffic flow problem, seconded by Mayor Lynch (who passed the gavel to Vice-Mayor Alperin). Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - No; Mr. Lynch - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - No. Said motion FAILED with a 3 to 2 vote. Mr. Andrews moved to approve the project, seconded by Mr. Randolph. After a brief discussion, Mr. Randolph requested that the original motion be reconsidered. 3 Mr. Andrews withdrew his motion, Mr. Randolph withdrew his second. The City Attorney stated, if the rezoning failed, it would be prohibited by the City Code of Ordinances from coming before the Commission for a period of one (1) year for the same zoning request. He recommended that the deed restriction not be considered. Mr. Randolph moved to reconsider the motion and bring the item before the Commission at the Regular Meeting of October 27, 1992, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. 4. Ordinance NO. 47-92. Ordinance No. 47-92, amending the Land Development Regulations with regard to modification of the SAD extension provisions to accommodate the Marina Cay SAD, is before the Commission for consideration on Second and FINAL Reading (The Public Hearing was opened and closed at the October 13, 1992 Regular Meeting). 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. Planning and Zoning recommends approval (4-3 vote). The City Manager presented Ordinance No. 47-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.35(C)(3), "ESTAB- LISHMENT'', TO ALTER THE CRITERIA FOR ESTAB- LISHMENT OF A LARGE SCALE MIXED USE SPECIAL ACTIVITIES DISTRICT; BY AMENDING SECTION 4.4.25(I)(5) TO CHANGE THE DATE OF EXPIRATION FOR MARINA CAY SAD TO AUGUST 22, 1995; PRO- VIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 47-92 is on file in the official Ordinance Book) Mr. Mouw moved for the adoption of Ordinance No. 47-92 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. Before roll call, Dr. Alperin questioned what can be built on this property, if this ordinance should be denied and the property sold. Davis Kovacs, Planning Director, responded nothing can be built on it prior to petitioning for a rezoning. --4-- Discussion followed. At this point the roll was called to the motion. Reque~ From the Downtown Development Authority. The Commission is to consider a request from the Downtown Development Authority for authorization to use in-lieu of parking funds. (At the October 13, 1992 Regular Meeting a motion to approve the request failed to pass on a 2 to 2 vote). Upon question by Dr. Alperin, Chris Brown, Executive Director of CRA, stated this is a voluntary action between the CRA and the DDA to work with the City to improve the municipal parking lot. The CRA agreed to install the landscaping, irriga- tion and electrical conduit and the DDA agreed to provide the street lights in the same style as those currently on Atlantic Avenue. The goal of the CRA is to fund the parking lot improve- ment directly behind the City Library next year. Mr. Mouw moved for approval of the request to use in-lieu of parking funds, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 3 to 2 vote. Request to Palm Beach County. The Commission is to consider forwarding a request to Palm Beach County regarding the method of handling the City's CBD/GAE application and the Coun- ty's Plan Amendment process. Mr. Kovacs stated his recommendation is that the Com- mission make a final decision, with direction to staff, to allow modification to the City's CBD/GAE application, so long as the end product remains the same. Mr. Mouw moved that the recommended action in the Planning Director's report be approved with an additional caveat that the administration is given direction to deviate from the specifics so long as the end result is achieved, 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. 7, Acquisition of Lands for Tennis Center. The Commission is to consider authorizing the firm of Vance and Doney to file agreed orders for Parcels M (Gamot), L (Harris) and D (Gent). The City Attorney stated these are the three remaining parcels the City can deal with. The total amount for the three parcels is $25,250, including attorney's fees. Mr. Mouw moved for approval of the acquisition of parcels M, L and D as outlined in the meeting of October 13, 1992, seconded by Dr. Alperin. Upon roll call the Commission --5-- 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. Request ~o Appropria~ Funding from ~h~ LaW Enforcement Trust Fund. The Commission is to consider authorizing staff to appropriate $1,583 from the Law Enforcement Trust Fund (Account No. 112-2172-521-33.57) to be used to send two officers to the "Basic Drug Law Enforcement School" located in Daytona Beach. Dr. Alperin moved for approval, seconded by Mr. An- drews. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. 9. Settlement O~f~r. The Commission is to consider a proposed settlement offer in the City vs. USF&G, et al. City Attorney and Director of Environmental Services recommend approv- al. The City Attorney stated this is the golf course trans- mission line that needs replacement of three butterfly valves that are malfunctioning. Solo Construction Company was sued, along with their bonding agent and Juno Industries, Inc., a subcontractor. The basic settlement being recommended to the Commission is that Solo Construction Company and Juno Industries, Inc., make an attempt to correct the problem, at no cost to the City. There is also a claim for attorney's fees of $17,700 plus; the City will be reimbursed for $7,000. Upon question by Mayor Lynch, the City Attorney advised that, should it not be repaired to the satisfaction of the City, the settlement will establish a continuing contract with USF&G as a party to that agreement; therefore, the City's rights will not be waived. Mr. Mouw moved for approval of the settlement offer, 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. Resolution NO. 118-92. Resolution No. 118-92, finding it to be in the best interest of the City to sell its not to exceed $5,350,000 in aggregate principal amount Utilities Tax Revenue Notes, series 1992, on a negotiated basis to Sun Bank/South Florida, N.A., is before the Commission for considera- tion. The City Manager presented Resolution No. 118-92: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, FINDING IT TO BE IN THE BEST INTEREST OF THE CITY TO SELL ITS NOT TO EXCEED $5,350,000 UTILITIES TAX REVENUE NOTES, SUBORDINATE SERIES 1992, ON A --6-- NEGOTIATED BASIS TO SUN BANK/SOUTH FLORIDA, N.A., AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 118-92 is on file in the offi- cial Resolution Book) Mr. Andrews moved for the adoption of Resolution No. 118-92, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 11, City Attorney's Evaluation. The Commission is to consider the City Attorney's evaluation and salary adjustment. Upon confirmation that each Commissioner had had an opportunity to speak with City Attorney Kurtz, Mayor Lynch stated the employee raise range was as follows: There was no cost of living increase and the merit range was from 0% to 5%, averaging out at 3%. Each Commissioner gave a brief evaluation of the City Attorney with recommendations and commendations. Dr. Alperin moved to increase the City Attorney's salary by 3.5%, seconded by Mr. Mouw. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch declared the meeting adjourned at 8:30 P.M. City Clerk 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 October 20, 1992 which minutes were formally approved and adopted by the City Commission on II-l~-~k, -7- City Clerk NOTE TO READER: If the minutes that you have received are not completed as indi- cated 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 involve some amendments, additions or deletions to the minutes as set forth above. -8-