Loading...
10-27-92 OCTOBER 27. 1992 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Alperin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, October 27, 1992. Roll call showed: Present - Vice-Mayor Jay Alperin Commissioner William Andrews · Commissioner Armand Mouw Commissioner David Randolph Absent - Mayor Thomas E. Lynch Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2., The opening prayer was delivered by Reverend Nell Hickem, First Baptist Church, Delray. $, The Pledge of Allegiance to the flag of the United States of America was given. 4, Vice-Mayor Alperin requested that Item No. 8.E. be moved from the Consent Agenda and placed on the Regular as Item No. 9.A.A., the addition of Item No. 9.L., amend Item No. 5 to read NO minutes for approval and to amend Item No. 7 to read ONE presentation. The City Manager requested that Item No. 8.A. be withdrawn, at the request of Auburn Trace Joint Venture and that Items No. 8.F. and 8.J. be moved from the Consent Agenda to the Regular Agenda as Items No. 9.A.A.A. and 9.A.A.A.A., respective- ly. The City Manager also requested that Item No. 9.I. be re- moved from the Regular Agenda. Mr. Randolph requested that Item No. 8.B. be moved from the Consent Agenda to the Regular Agenda as Item No. 9.A.A.A.A.A. The City Attorney advised that there is a clarification on Item No. 8.I.; Mr. Gelston is being recommend- ed to represent Officers Ortiz and Robinson and not the City. Mr. Randolph moved for approval of the agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Regular Meg~ing Minutes. NONE. 6. Proclamations. NONE. 7. PRESENTATIONS. ONE. 7.A, Resolution No. 122-92. Resolution No. 122-92, recog- nizing and commending outgoing Commission Member William F. "Bill" Andrews, is before the Commission for consideration. The caption of Resolution No. 122-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING OUTGOING COMMISSION MEMBER WILLIAM F. "BILL" ANDREWS. (Copy of Resolution No. 122-92 is on file in the offi- cial Resolution Book) Vice-Mayor Alperin read the caption of Resolution No. 122-92. Mr. Mouw moved for the adoption of Resolution No. 122-92, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice- Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A, WITHDRAWN. 8.B, MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A.A.AoA. 8.C. Proposed Policy and Procedures/Employee Development and Training Program. The Commission is to consider approval of a proposed administrative policy which provides for tuition reim- bursement under certain conditions for general employees. Ap- proval is recommended. 8,D, Proposed Policy/Neighborhood Traffic Issues. The Commission is to consider approval of a proposed policy which provides a system to address neighborhood traffic issues. Ap- proval is recommended. 8,E, MOVED TO REGULAR AGENDA AS ITEM NO. 9,A,A, 8,F. MOVED TO REGULAR AGENDA AS ITEM NO. 9.A.A.A. 8,G, Addendum No. 1 To Service Authorization 2/Michael B. Schorah and Associates. The Commission is to consider approval of an addendum to Service Authorization No. 2 for the North, Central and South Beach Sanitary Sewer Reconstruction Project; and deleting Phases IV (bidding/negotiation) and V (construction phase) services at a net savings of $3,415, with funding from 2 Renewal and Replacement Manhole Rehabilitation (Account No. 442-5178-536-61.84). Approval is recommended. 8.H. Emergency Repair. The Commission is to consider ap- proval of the award of bid to Ocean Bay Company in the amount of 836,250 for the emergency repair of the sewer and manhole located on White Cedar Circle in the Del-Aire Country Club, with funding from Renewal and Replacement Sewer Systems/Mains and Lines (Ac- count No. 442-5178-536-60.66). Approval is recommended. 8,I. Retention of Outside Counsel. The Commission is to consider authorizing staff to retain Fred Gelston to represent Officers Or~iz and Robinson in Michael Grabow vs. City of Delray Beach. Approval is recommended. MOVED TO THE REGULAR AGENDA AS ITEM NQ~ 9.A.A.A.A. 8,K, Mutual Aid Agreement/Town of Gulfstream. The Commis- sion is to consider approval of a mutual aid agreement with the Town of Gulfstream, which provides for the rendering of assis- tance in law enforcement emergencies which cross jurisdictional lines. Approval is recommended. 8,L. ResolutiQn NO, 120-92. Resolution No. 120-92, initiat- ing the Site Plan Review and Appearance Board Award Program, is before the Commission for consideration. Approval is recommend- ed. The caption of Resolution No. 120-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, INITIATING AN AWARDS RECOGNITION PROGRAM THROUGH THE SITE PLAN REVIEW AND APPEARANCE BOARD. (Copy of Resolution No. 120-92 is on file in the offi- cial Resolution Book) 8.M. Resolution No. ..321-92. Resolution No. 121-92, creating the Parking Management Task Team for the purpose of implementing the Master Parking plan, providing for a membership composition and appointment process, providing for the applicability of Section 2.2.1 of the Land Development Regulations and providing for the initial scope of responsibility of the said Parking Management Team, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 121-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING A PARKING MANAGEMENT TEAM FOR THE PURPOSE OF IMPLEMENTING THE MASTER PARKING PLAN; PROVID- ING FOR A MEMBERSHIP COMPOSITION AND APPOINT- --3-- MENT PROCESS; PROVIDING FOR THE APPLICABILITY OF SECTION 2.2.1 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR THE INITIAL SCOPE OF RESPONSIBILITY OF SAID PARKING MANAGEMENT TEAM; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 121-92 is on file in the offi- cial Resolution Book) 8,N, Resolution NO. 119-92. Resolution No. 119-92, author- izing the acquisition of property on S.W. 7th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 119-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED ON S.W. 7TH AVENUE, BEING A PORTION OF BLOCK 16, TOWN OF DELRAY; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 119-92 is on file in the offi- cial Resolution Book) 8.0, Resolution No. 117-92. Resolution No. 117-92, assess- ing the costs for abatement action necessary to remove nuisances on 30 properties located within the City, is before the Commis- sion for consideration. Approval is recommended. The caption of Resolution No. 117-92 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) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING 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 ABATE- MENT 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. -4- (Copy of Resolution No. 117-92 is on file in the offi- cial Resolution Book) $,p, Award of Bids and Contracts. 1. Emergency Demolition - Tennis Center/Stadium - K & K Wrecking Corporation in the amount of $14,700 with funding from General Construction Fund - Tennis Cen- ter/Stadium (Account No. 334-4145-572-63.41). 2. Rehabilitation of Lift Stations 19A, 20A, 23 and 32 - Environmental Services - Widell Associates, Inc., in the amount of $335,000 with funding from Renewal and Replacement Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). 3. Bus Rental Service - Parks and Recreation - Quali- ty Transportation Services, Inc., in the estimated annual amount of $33,000 with funding from various Parks and Recreation Accounts - Day Camp (55-10), Other Rental (44-90) and Other Insurance (45-90). 4. One (1) Toro Reelmaster Mower - Golf Course - Hector Turf in the amount of $19,639.44 with funding from Municipal Golf Course - Equipment Other (Account No. 445-4761-572-64.90). 5. Parking Area - Cason Cottage - All-Rite Paving Contractors in the amount of $38,980 with funding from 1987 Utility Tax - Cason Cottage Parking Expansion (Account No. 333-6111-541-61.97). Funding to be trans- ferred from interest earnings from 1987 Utility Tax (Account No. 333-0000-361-10.00) and Decade of Excel- lence Bond Issue (Account No. 225-0000-361-10.00). Mr. Mouw moved for approval of the Consent Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 9,A,A, (8,E,) Sunshine and Continental Cup T~nnis Tournament. The Commission is to consider a request to place flags, welcome and directional signs in the City's rights-of-way at Linton Boulevard, Lindell Boulevard and Dotterel Road, for Police cover- age and for funding in the amount of $10,000, in conjunction with the Sunshine and Continental Tennis Tournament being held Decem- ber 13 through 20, 1992. Waiver of LDR Section 4.6.7(D)(3)(j)(ii) is recommended. -5- Assistant City Manager Barcinski stated a request has been received from ~laudio Col~cci, particularly regarding pay- ment of overtime for Police services during the tournament. Claudio Colucci, Chairman of the Sunshine and Continen- tal Cup Tennis Tournament, commented that an invitation has gone out to all nations who in turn, send their representatives. The responsibility for the well-being of those players rests with the City and its people. There has been controversy in prior times and he would like to have this area covered as well as possible in order to ensure the safety and protection of all the players. Mr. Randolph expressed the hope that, should the Police Department be used, overtime personnel be used for the security of the tournament, as opposed to traffic control. Mr. Mouw moved to approve the placing of flags, etc. as detailed in the agenda, to release the funding at the appropriate time as designated by the City Manager and that the City Manager direct the Police Chief to maintain proper order, seconded by Mr. Randolph. Mr. Randolph stated that a total of 81 man hours were committed to this project last year and questioned the average rate of $28.00 per hour. The City Manager stated that is the overtime pay rate; however, the community service officers would not earn as much. Mr. Mouw amended his motion to direct that the Sunshine Cup/Continental Cup Tennis Tournament pick up the overtime por- tion of the Police protection, Mr. Randolph amended his second. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.(8.F.) Final Plat Approval. The Commission is to consid- er approval of the final plat for a replat of Tract R, Delray Park of Commerce, subject to the conditions recommended by the Planning and Zoning Board. Mr. Kovacs stated there has been a great deal of con- troversy with this particular parcel. A meeting was held with the new representative, Albert Proujansky, and ways to avoid considerable controversy were suggested. Mr. Proujansky re- quested that the plat be considered with his requested language. The City Attorney advised that the language "maximum extent possible" will almost preclude any development to take place that will remove even one tree. Mr. Mouw moved for approval of the Final Plat, Tract R, Delray Park of Commerce, as presented by staff, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. -6- Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. ~,A,A.A,A.(8~J,) Request to Palm Be~¢b County. The Commission is to consider authorizing staff to request that Palm Beach County initiate changes to the County Future Land Use Map for City/County consistency. Mr. Kovacs stated in the area outside the City limits, but within the area to be annexed and provided with water and sewer services, the County's plan designations take precedence over the City of Delray Beach. Approximately ten instances have been identified where there is a commercial potential and where the City has identified the land as residential or transitional. To avoid conflict, the two plans must be meshed together. His recommendation is that the County change their plan. His sugges- tion is to direct staff to request that the County acquiesce their Land Use designations to the City's plan to all that area in the City's Planning area that is not yet in the City's juris- diction. Mr. Andrews moved for approval of the request, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A.A.(8.B.) Waiver of Community Development Block Grant Policies and. Procedures. The City Commission is to consider waiving Paragraph C2 of the CDBG Policies and Procedures to permit a resident outside of the CDBG Target area to receive emergency assistance. Waiver is recommended. Mr. Randolph requested more detailed information than that provided in the backup material. Lula Butler, Director of Community Development, stated that, under the Block Grant pro- gram, the City operates out of the defined target area. The intent of the program is to benefit low and moderate income families. Federal regulations provide that assistance may be provided outside that area to families who meet the income eligi- bilities, but each of those cases must be exempt from the target area and approved by the City Commission. Mr. Randolph moved for approval of the waiver, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9,A. Review of Appealable Land Development Actions of Vari- ous Boards. The Commission is to consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period October 12, 1992 through October 23, 1992. -7- Mr. Randolph moved to receive and file the report, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.B. Rgview of Veteran's Park Playground Plans. The Commis- sion is to consider a presentation to be made by the Director of Parks and Recreation regarding proposed playground equipment at Veteran's Park. Joe Weldon, Director of Parks and Recreation, presented a brief video showing the Leathers playground equipment. He also supplied the Commission with additional material showing the construction and outlining the safety factors of the Leathers equipment. Mr. Mouw questioned how this is being handled from a budget standpoint, without taking bids, doing a specification, etc. Mr. Weldon stated that information is included in the information packet he presented to the Commission tonight. He gave various incidences of volunteer help at numerous locations in Florida, explaining that the people turn out in great numbers to help in the construction of these playgrounds, hold fund-rais- ers and donate time and supplies to make this all possible. Vice-Mayor Alperin requested consensus from the Commis- sion to allow the opposition to make a presentation. The Commis- sion concurred. Carolyn Patton, William Wilsher of Palm Beach County Parks Planning and Design, and Katherine Anderso~ spoke in oppo- sition to wood installations in waterfront parks. Vice-Mayor Alperin requested consensus from the Commis- sion to allow persons in favor of the equipment to speak. The Commission concurred. Sue Ellen Clagett, Maria Hiaasen and Ann CQrke~y spoke in favor of the Leathers wood playground equipment. Mr. Weldon summed up the presentation by advising that a check of the insurance industry shows no differentiation be- tween insurance rates for wood playground equipment. He pointed out that Palm Beach County Parks and Recreation does not have a current policy in force that prohibits wood playground equipment. He commented that most manufacturers of wood playground equipment still produce a wood product line and major companies will war- rant the components of their equipment. When the installation is contracted out, the warranty is diluted. The major thing he would like the Commission to consider is that the vast majority of injuries on playground equipment are due to falls as opposed to the components or the material of which the equipment is con- structed. -8- Upon question by Mr. Randolph regarding liability of the City in the area of an injury, the City Attorney responded that liability from this type of playground is going to come from improper maintenance. The consensus of the Commission was to approve the recommendation of staff and stay with the wood equipment. At this point, the time being 7:30 P.M., the Commission moved to the duly advertised Public Hearings portion of the Agenda. PUBLIC HEARINGS 10.A, Ordinance NO, 53-92. Ordinance No. 53-92, amending Ordinance No. 70-89 to provide that no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than 3,250 square feet of gross floor area, is before the Commission 'for consideration on Second and FINAL Reading. Historic Preservation Board recommends approval (5-2 vote). 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. 53-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2, REQUIREMENTS OF DESIGNATION, PARAGRAPH 2 OF ORDINANCE NO. 70-89, TO PRO- VIDE FOR A CHANGE IN THE GROSS FLOOR AREA FOR THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD; PROVIDING A GENERAL REPEALER CLAUS, A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 53-92 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Michael Weiner, representing Salah Sawaya, owner, stated this was brought before the Historic Preservation Board with a request to increase the square footage for the three (3) lots from 2400 square feet to 3250 square feet. Steven Daniels, speaking on behalf of Mr. and Mrs. Eichelberger, property owners to the north, stated they are objecting to the proposed variance to increase the square footage of the home primarily due to the fact that this site is part of the Fontaine Fox Historic site. Ordinance No. 70-89 reads, as a --9-- requirement of designation, that no dwelling unit, used or devel- oped, on that portion of the Fontaine Fox Historic site shall contain more than 2,400 square feet of gross floor area. It is their feeling that any construction should, therefore, be strict- ly for historic reasons and not for personal reasons such as increasing the size of the house or for increasing the market value. Mr. Weiner commented that Mr. Sawaya, the owner, made a decision to reside in the house, not as a tourist, but as a taxpayer. Therefore, his application was considered by the Historic Preservation Board who, in turn, agreed that it did not disturb the historical nature of the house and that it met the criteria. The public hearing was closed. Upon question as to how this construction was allowed, Mr. Kovacs stated the property involved extended from Andrews Avenue to the ocean. State Road A-1-A was created through it, so the original site was the totality of the property. At the time the Historic designation ordinance was created, there was a question as to whether or not there should be any development on the east side of A-1-A. One of the restrictions of this ordi- nance was to limit the total area of a dwelling unit east of State Road A-1-A to 2400 square feet. The request is not to alter the footprint of the house, but to enclose some of the area of the dwelling on the additional floor. The City Attorney questioned if there was a previous variance granted to allow the first house to be built in excess of 2400 square feet. Mr. Kovacs advised there was no variance; however, there were two (2) variances and a waiver granted in conjunction with granting the development approval. Discussion followed. Mr. Andrews moved for denial of Ordinance No. 53-92 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 3 to 1 vote. 10.B. Ordinance NO, 52-92. Ordinance No. 52-92, amending the Code of Ordinances to provide that an annual medical report shall be submitted by a disability retiree if requested by the Police and Fire Board of Trustees, is before the Commission for consid- eration 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. 52-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBSECTION 33.62(C), "DISABILITY RETIREMENT PROVISIONS" BY AMENDING SUBSECTION , 33.62(C)(6)(a), TO PROVIDE THAT AN ANNUAL MEDICAL REPORT SHALL BE SUBMITTED IF REQUEST- ED BY THE POLICE AND FIRE BOARD OF TRUSTEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 52-92 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Andrews moved for the adoption of Ordinance No. 52-92 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.C, Ordinance No. 14-92. Ordinance No. 14-92, amending the Code of Ordinances to modify the percentage of monies which can be invested in equities by the Police and Fire Pension Board of Trustees, 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. 14-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SECTION 33.66, "FINANCES AND FUND MANAGE- MENT'', BY AMENDING SUBSECTION (E)(2)(b), TO PROVIDE THAT THE BOARD OF TRUSTEES MAY INVEST UP TO SIXTY PERCENT (60%) OF THE TRUST FUND'S ASSETS IN COMMON OR CAPITAL STOCK; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 14-92 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 compli- ance 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. 14-92 on Second and FINAL Reading, seconded by Mr. Mouw. Upon -11- roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10,D, Ordinance No. 51-92. Ordinance No. 51-92, amending the Land Development Regulations with regard to flea markets and similar uses, 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. 51-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELPd%Y BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS" SECTION 1.4.5 "DEFINITIONS" (APPENDIX A), 6HAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT" AND SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY FURTHER DEFINING THE TERM "FLEA MARKETS" AND PROVIDING FOR SUCH USE AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 51-92 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Andrews moved for the adoption of Ordinance No. 51-92 on Second and FINAL Reading, seconded by Mr. Mouw. The City Attorney commented that, in comparison to other ordinances that the Commission previously considered, it leaves things more nebulous. One of the things the Commission should be aware of is that, in previous ordinances for flea mar- kets, there were restrictions on interior space. From a condi- tional use standpoint, it would be difficult to uphold a condi- tion of a denial of a conditional use based on the interior space requirements of a 100-foot booth, for example. The City Manager questioned, if there was a project that contained a number of booths that will generate a greater parking demand, could the denial then be based on inadequate parking traced back to the way the facility was intended to be divided. The City Attorney responded that would be correct, but, -12- for example, in the Ames situation, it would be necessary to show evidence that the retail parking space allocated for Ames is inadequate to serve the proposed usage. Discussion followed. Mr. Andrews withdrew his motion, Mr. Mouw withdrew his second. Upon question by Mr. Mouw, the City Attorney responded, with respect to being in a position to restrict flea markets, it is his opinion that the previous ordinance was more effective than the proposed ordinance. Mr. Mouw moved for the adoption of Ordinance No. 51-92 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 3 to 1 vote. Before roll call the following discussion was had: Upon question by Mr. Randolph, Mr. Kovacs stated that if Lindsey Lumber would have been located within the City's jurisdiction, they would have gone before the Planning and Zoning Board, provided a floor plan and a traffic study; this informa- tion would have been evaluated, the impact of the project would have been assessed and if it met the standards, it would have been approvable. The question of quality of merchandise is not the issue, but rather the impact of the project. At this point the roll was called to the motion. 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.A.1. The City Manager stated there was in inquiry regarding the increase in rental fees for the use of Pompey Park. Groups that use the park during normal operating hours are not required to pay; the charge is for groups that would like to use the park after hours, which requires that employees are needed to remain and keep the facility open. These employees are paid overtime. ll.B.1, Chris Bean, resident, expressed his displeasure with the City Commission and feels they are not doing their job in the best interest of the community. He offered his help in accom- plishing this goal. He feels it would be in the best interest of the community and the Commission to accept his help and offered his telephone number, that they might contact him. He feels the Commission will not like the results, if they do not do this. Mr. Mouw asked if that was a threat. Mr. Bean respond- ed that it was not. Vice-Mayor Alperin questioned if he had any specific issues he would like to speak on, to which Mr. Bean stated that -13- he spoke last week at the meeting in regard to the Heritage Building. He stated that he would like the Commission to work with him. ll.B,2, J~rry Marshall, resident, commented that since Mr. Andrews will be leaving the Commission and since he voted for the development of the Veteran's Park Playground, he would like to propose that Mr. Andrews head the committee that develops the playground and help to get it funded, now that he will have some extra time. ll.B,$, Wilma DQwling, 22 S.W. 8th Avenue, stated she is a member of the West Atlantic Property Owners Association and that she feels $31.00 an hour to rent Pompey Park, is excessive. ll.B,4, Jerry T~ylor, expressed regret that he was absent at 6:00 P.M., and understands that a proclamation was p~esented to Commissioner Andrews, honoring him for his service. He original- ly questioned Commissioner Andrews regarding what he'was going to bring to the City Commission. At that time, he presented him with certain problems he felt the City was faced with and ques- tioned what he was going to do about them. He feels Mr. Andrews brought to the.Commission independent thinking, creativity and ideas; he hopes the person who follows him brings attributes as good as those contributed by Mr. Andrews. He stated he wished to add his voice to all the others by saying, "Good job, Bill". ll.B.5, Johnathan Green, stated he is present to speak on behalf of his community, meaning the entire Black community on the west side of Swinton Avenue, because he does not feel they are getting a fair shake of the taxpayers money. He asked that the Commission not take the words of Mr. Bean as a threat; howev- er, if a person does not live in that end of town, they can not know the hostility and the frustration that those residents are experiencing at this time. He would like the Commission to know that there is a big problem brewing currently in the Black commu- nities with the City officials of Delray, because there is a lot of tension being placed on their end of town, as opposed to other localities. The Commission announced at one of the meetings that, if the Black community would like to use some City facili- ties to hold events for the youth, that would be fine. After inquiring about these events, a figure of $750 suddenly emerged, just to hold an event at Pompey Park, which is not an ideal location because of poor acoustics. It would cost $20.00 per hour for four (4) orchestras, plus $12.78 per employee to work the event. If a ticket must be purchased, the Park receives 50% of the ticket sales. If there should be no entry fee, the person who is attempting to do something for the community will still have to pay $750 out of his pocket. He questioned if the City has considered funding these events. He requested that the Commission give some consideration as to how the residents of his community feel. They know that the City will disperse all resi- dents off West Atlantic as soon as the Tennis Center is complet- ed, because no one wants to come down West Atlantic Avenue and -14- see six or seven hundred black youths or adults on either side of the road, because they will feel threatened. He stated he would feel threatened if he were to go into a predominantly white neighborhood, with a lot of white people standing on the sides of the road. He would like to be able to give them some place to go and give them something to do. The City can either turn away from this problem, address it now or, if not, perhaps the issue will arise again when the Tennis Center opens. 11,B~6~ Ida Dobson, 907 S.W. 3rd Court, stated she is returning to the Commission with regard to the Police Department. She questioned, when calls are made to the Police Department from the predominantly black section, why there are no officers available in less that 45 minutes. It seems to her that when the burglar alarms go off on the other side of Swinton, there is an officer dispatched within five (5) minutes. The City Manager requested specific instances when this happened. Ms. Dobson recalled the most recent was Sunday morning about 9:00 A.M. at her mother's house located at 520 S.W. 15th ~Avenue when they had a theft. Her mother called her before she called the Police Department; she was in the carport for at least 15 minutes and spoke with a neighbor, the stolen article was located and returned before the Police arrived. The officer stated he received the call only five (5) minutes prior to arriv- ing at the house. It always seems to be the dispatcher's fault; they say they just are not calling. Another instance was an injury on 5th Avenue which took 35 minutes before there was a response. The City Manager advised, when that happens, the City needs to know about it. Ms. Dobson stated, it is just like the officer said, "There just are not enough Police officers" She continued by stating, while the City has been putting all that red brick on Atlantic Avenue, the people in her community are in need of protection. Recently, when she was cleaning her fence row, the people residing in the Drug House called her terrible names. They also remarked that the Police will not respond, because they are being paid well. The City Manager stated he wanted her to call his office each and every time she experiences an instance such as this, if there is no response from a Police officer within five minutes. This is the only way he can learn if the Police Depart- ment is doing their job. 11.B,7. Bill Plum, 1715 Del Haven Drive, commented that he is acquainted with the Green family, one of whom spoke earlier, and they are hard working people. He expressed concern with the comment that sounded like a threat and he feels that is not the -15- answer to the problems in the Black community. He suggested to the young men who spoke and to the Commissioners, that they follow his lead and enjoy an experience such as one he had last Sunday that took him to the Mt. Olive Missionary Church in the Black community. He commented that there are a lot of good people in that area with a lot of spirit, along with a lot of concern; they have a real live message that the community needs, they want to pull together and they have the quality to do just that. He suggested that if there are any concerns or fear of the west community, everyone should avail themselves of the opportu- nity to see Black people in action who are concerned about their lives and the lives of their neighbors. Chris Bean made a brief statement assuring the Commis- sion that the statement he made earlier was not of a violent nature or in the form of a threat. Jerry Marshall announced that the Education Board is meeting Monday night, November 2, at 6:00 P.M., and it is his suggestion that, since the Board has been given the responsibili- ty of finding alternatives to the bowling alley program, those who are interested should attend that meeting and provide some input into the program in order that all may join together to get this job done. Mr. Randolph left the Commission Chambers at this time. FIRST READINGS 12,A. Ordinance NO, 54-92. Ordinance No. 54-92, rezoning property located west of Congress Avenue on the south side of Linton Boulevard (Abbey Delray South property) from PRD (Planned Residential Development) zone district to CF (Community Facili- ties) zone district, is before the Commission for consideration on First Reading. Approval is recommended. If passed, Public Hearing will be held November 17th. The City Manager presented Ordinance No. 54-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS 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. Assistant City Attorney Ruby read the caption of the ordinance. -16- Mr. Mouw moved for the adoption of Ordinance No. 54-92 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 0 vote. 12.B. Ordinance NO. 55-92. Ordinance No. 55-92, rezoning the North Ocean Boulevard parking lot property located on the west side of Ocean Boulevard, north of Atlantic Avenue from CF (Commu- nity Facilities) zone district to OS (Open Space) zone district, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held November 17th. The City Manager presented Ordinance No. 55-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING A PARCEL KNOWN AS NORTH .OCEAN.BOULEVARD PARKING LOT, .AS 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. Assistant City Attorney Ruby read the caption of the ordinance. $~ndra Almy, member of Beach Property Owners Associa- tion requested that the Commission adopt this ordinance on First Reading. Mr. Andrews moved for the adoption of Ordinance 55-92 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 3 to 0 vote. Mr. Randolph returned to the Commission Chambers at this time. 12,C. Ordinance NO. $6-92. Ordinance No. 56-92, rezoning the Sandoway Park property located on the northwest corner of Ocean Boulevard, south of Atlantic Avenue from CF (Community Facili- ties) zone district to OS (Open Space) zone district, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held November 17th. The City Manager presented Resolution No. 56-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND -17- PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING SANDOWAY PARK, AS 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. Assistant City Attorney Ruby read the caption of the ordinance. Mr. Andrews moved for the adoption of Ordinance No. 56-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 12,D, Ordinance No. 57-92. Ordinance No. 57-92, rezoning the Ingraham Park property located on the northwest corner of Ocean Boulevard, south of Atlantic Avenue from CF (Community Facili- ties) zone district to OS (Open Space) zone district. Planning and Zoning Board recommend approval. If passed, Public Hearing will be held November 17th. The City Manager presented Ordinance No. 57-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING INGRAHAM AVENUE PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORDIA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 57-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 12.E, Ordinance NO. 58-92. Ordinance No. 58-92, rezoning the Anchor Park property located on the west side of Ocean Boulevard, north of Casuarina Road from CF (Community Facilities) zone district to OS (Open Space) zone district, is before the Commis- sion for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held November 17th. -18- The City Manager presented Ordinance No. 58-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING ANCHOR PARK, AS 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. Assistant City Attorney Ruby read the caption of the ordinance. Mr. Andrews moved for the adoption of Ordinance No. 58-92 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 12,F, Qrdinance No. 59-92. Ordinance No. 59-92, rezoning the Atlantic Dunes Park property located on the east side of Ocean Boulevard, north of Linton Boulevard from CF (Community Facili- ties) zone district to OS (Open Space) zone district, is before the Commission for consideration. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held November 17th. The City Manager presented Ordinance No. 59-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND BEING ATLANTIC DUNES PARK, AS 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. 59-92 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. Mr. Andrews moved for the adoption of Ordinance No. 59-92 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -19- At this point the Commission returned to the Regular Agenda. 9.C. 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. Planning and Zoning Board recommends approval (6-1 vote). (A Public Hearing was held and closed on October 20, 1992, with Final action that the ordinance be postponed until the Regular Meeting scheduled for October 27th to allow time to address the traffic flow prob- lem). The City Manager presented Ordinance No. 46-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN 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) The City Attorney stated this is a continuation of a Public Hearing. Bob Basehart, representing the applicant, stated it was his understanding that they were requested to conduct an internal traffic study and return to the Commission for discussion. A professional study of the internal circulation was conducted; Joe Pollock conducted the study, a copy of which was submitted to the City. Joe Pollock stated an overall traffic study was made during the peak hour of the day for the restaurant, which also would be the peak hour for the office building and the Carney Bank. It was found that the west portion of the property is experiencing a relative low traffic utilization; the heavier activity appears to be associated with the eastern portion of the development. As a result, there were no significant traffic problems or issues related to the western portion of the site, the proposed site of the Checkers restaurant. In order to mini- mize any potential traffic problems that might arise it was -20- suggested that, at the point where vehicles exit from the drive- thru teller windows, it might be wise to install a speed hump or to relocate the power transformer adjacent to the building, which appears to create a sight obstruction. Another suggestion was to install directional signs at the main entrance from Lowson Boule- vard and adjacent to the Abbey Road Restaurant, to direct the Checkers' drive-in traffic to the rear of the center, thereby eliminating any conflict with the drive-thru facility of the bank. W~lliam Plum, representing Carney Bank, stated he also had a traffic study made. He agreed with the results that Mr. Pollock itemized in that no significant problems exist at this time. The transformer has not created a problem for the bank's drive-in customers. With the establishment of the Checkers Restaurant, it might be necessary for the people who work up- stairs to park in the area behind the building. Discussion followed. Mr. Andrews moved for the adoption of Ordinance No. 46-92 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 1 vote. 9,D. 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. Street and the northwest corner of N.W. 2nd Avenue and N.W. Street, is before the Commission for consideration on Second and FINAL Reading. (Public Hearing was opened and closed on this item on September 8th). Approval is recommended. 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 N.W. 1ST STREET, AS MORE PARTICULARLY DE- SCRIBED 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) Mr. Mouw moved for the adoption of Ordinance No. 36-92 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. -21- Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 1, Conditional Use Approval. The Commission is to consider approval of a conditional use request to establish a Tennis Stadium as a part of the Municipal Tennis facilities. Mr. Andrews moved for approval of the Conditional Use, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 9.E. P~rking Program/Virginia Slims Tennis Tournament. The Commission is to consider approval of the Parking Program for the Virginia Slims Tennis Tournament. Planning and Zoning Board recommends approval. Mr. Kovacs stated,on the previous item approved by the Commission, one of the conditions was for the City to prepare a parking plan to accommodate events that would draw an average of 225 participants. This plan is intended to meet that condition of approval and, also, for the Virginia Slims Tournament. He gave a zelar presentation outlining the parking plan that will provide 3,000 parking spaces at the Virginia Slims Tournament, 750 of which will be in secured (limited access) areas, along with the routing of traffic. Upon question by Mr. Mouw, Mr. Kovacs stated that during evening hours and on Saturdays and Sundays, arrangements are being made to utilize the parking located at the South County Courthouse. Mr. Randolph questioned the security issue, especially in the area of the outlying lots. Mr. Kovacs responded that most areas have only one gate, which serves both ingress and egress. The Police traffic control will be at Swinton and Atlantic Ave- nues, 1st Avenue and Atlantic Avenue and perhaps at the 1-95 off ramps at Atlantic Avenue. Personnel at strategic points will be paid by the City; other necessary officers that relate strictly to the Liddun matter, will be paid by Liddun International. Carolyn Cunningh~m, West Side Liquors, expressed con- cern regarding the loss of parking along W. Atlantic Avenue. She requested that the Commission give this consideration, as her business would be heavily impacted. Loretta McGee, 409 W. Atlantic Avenue, stated the removal of the parking along this portion of W. Atlantic Avenue will result in a real hardship for the merchants. She also objected to six lanes of traffic from a standpoint of safety, should the parking be eliminated. Charlotte DuranCe commented that, while in support of the Virginia Slims Tournament, she has concerns with regard to -22- the adverse effect this proposed elimination of parking will have on the Peach Umbrella project. J0hnathan Green expressed concern with the six-laning from a safety standpoint. Mr. Andrews moved for approval of the Parking Pro- gram/Virginia Slims Tennis Tournament, seconded by Mr. Mouw. The City Manager recommended that the six-laning of Atlantic Avenue be rejected. Mr. Mouw suggested that the parking be approved in concept, with the six-laning to be utilized only on an emergency basis, subject to the direction of the City Manager. Mr. Andrews amended his motion to include the sugges- tion made by Mr. Mouw, Mr. Mouw amended his second. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9,F, $~tlem~n~ offer. The Commission is to consider ap- proval of a settlement offer in the Delta Petroleum and Shell Oil Company vs. the City of Delray Beach. City Attorney recommends approval. Mr. Mouw left the Commission Chambers at this time. The City Attorney advised there is a minor change to the agreement that concerns the improvements of the intersection at Atlantic Avenue and Military Trail. Should these improvements not be completed by the end of March 6, 1993, as anticipated, there will be a sixty (60) day period beyond which the Shell station could open, if they could show there was no impact on traffic. Mr. Andrews moved for approval of the settlement offer between Delta Petroleum and Shell Oil Company vs. the City of Delray Beach, with the stipulation as outlined by the City Attor- ney, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 0 vote. Mr. Mouw returned to the Commission Chambers at this time. 9,G, Lake Ida llth Street Parcel, The Commission is to consider authorizing staff to meet with County representatives to discuss the terms of the agreement which conveys the Lake Ida llth Street Parcel to the City for park purposes. City Manager recommends approval. -23- Mr. Andrews moved to authorize staff to meet with County representatives with specifications that the land be deeded over to the City with deed restrictions, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.H. A~d~dum No. 3 to Service Authorization No. 5/CH2M Hill. The Commission is to consider approval of an addendum to Service Authorizatin No. 5 in an amount not to exceed $10,450 for consulting services necessary for the start up of the Lime Sof- tening Conversion project, with funding from Water Treatment Plant Conversion - Engineering Services (Account No. 447-5164-536-33.11). City Manager recommends approval. Mr. Andrews moved for approval of Addendum No. 3 to Service Authorization No. 5/CH2M Hill, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.I, REMOVED FROM THE AGENDA. 9.J. Appointment of a Commission Member to the Metropolitan Planning Organization. The Commission is to consider the ap- pointment of a Commission member to serve on the Metropolitan Planning Organization. Mr. Mouw moved to appoint Mayor Lynch as a Commission member to the Metropolitan Planning Organization, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Mouw - Yes; Vice-Mayor Alperin - No; Mr. Andrews - Yes. Said motion passed with a 3 to 1 vote. 9,K, Appointment of an Alternate Member to the C~d~ Enforce- ment Board. The Commission is to consider the appointment of a layperson to serve as the second alternate member to a term ending January 14, 1993. Mr. Randolph moved to appoint David Henninger, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9,L. Appointment of an Alternate Member to the Civil Service Boar~. The Commission is to consider the appointment of an alternate member to the Civil Service Board to fill the vacancy created by the resignation of Helen Bartholomew to a term ending July 1, 1994. Mr. Andrews moved to appoint Robert Ferrell, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -24- 13. CQmments and Inquiries on Non-Agenda Items. 13.A. There were no comments or inquiries from Commissioner Mouw. I$~A,i~ Mr. Randolph expressed concern regarding the frustra- tion of the black community and their reaction on the bowling alley issue. It is his feeling that a dialogue is needed, some- where, somehow. He is aware that the Education Board has indi- cated that this issue will be discussed and alternatives sought; however, he does not feel that is the key at this point. He feels there is a need for a group of citizens to sit down and talk through some of these problems, not reinstituting the Human Relations Board, because that was a misnomer. At this time, with the tension as high as it is, there is a need to strike a happy medium. Progress has been very good over the past few years and he would not like to see anything happen to deter that progress. He stated he is pleading to the City Manager, as the leader of this City, to give it some thought, talk to some people that would be worth talking to and seek their opinion. He would like to get a cross-section, both black, white, whatever; but, do not allow anything foolish to happen in this City. 13.A.2. Mr. Andrews commented that, holding the position of a City Commissioner is a great opportunity to make more friends; however, it is also a good way to make more enemies. He can think of no other way in which he could have met so many great people and it has been his pleasure. This has been a real educa- tion in Sociology 101. If any person feels this position is the easiest in the world, he would suggest that they take that course first. He feels very few persons get involved with that perspec- tive; they are usually project-oriented or item-oriented, but Sociology 101 is not one of the reasons. He expressed his plea- sure in working with the members of the Commission and stated that he was happy to be on board to help the City Manager get established. He mentioned that if everyone would reflect back nearly three and one-half years ago, the change and progress that has occurred is unbelievable. He knows of no City that can say, proportionately, that they have accomplished as much and he is delighted to have been a part of it. 13.A.3. Vice-Mayor Alperin stated that the Education Board has requested that the Commission consider passing a motion of sup- port for the Constitutional Amendment No. 8, which will appear on the November 3, 1992 election ballot; this amendment allows for the continued use of motor vehicle license revenue of gross receipt taxes for the funding of capital outlay projects for our public schools and community colleges. It removes the interest and maturity restrictions on the education bond refunding. Mr. Andrews moved to amend the agenda to include Con- stitutional Amendment No. 8, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; -25- Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - No. Said motion passed with a 3 to 1 vote. Mr. Andrews moved to support Constitutional Amendment No. 8, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - No; Vice-Mayor Alperin - Yes. Said motion passed with a 3 to ! vote. 13~A.4~ Vice-Mayor Alperin commented that it has always been interesting and exciting having Mr. Andrews at the Commission meetings. One never knows what to expect. He thanked him for all the support he has felt on the development issues and plan- ning for the future of the City and stated he will miss that. 13~B.1. The City Attorney stated that the City will be going to trial in the case of Hunter vs. Delray Beach on November 4, 1992. It is a case that involves an injury wherein a child fell and cut his eye during an after school program. The City has requested that Joe Dragon be the City representative and would like Commis- sion consensus. The Commission concurred. 13~C..1. The City Manager.commented on wood playground equipment by stating that, some time ago, he and Joe Weldon made a trip to Winter Park and looked at a variety of things. They have a Leathers playground; they also have another playground that was built after the Leathers playground which was locally designed and constructed in a similar manner, but without the expertise of the Leathers' input, and they have had so many problems with the one they built and designed themselves, that nearly half of it has already been demolished, even though it is only three years old. Leathers is very particular about the type of wood and the fastenings that he specifies and how it is constructed. He has been doing it long enough that he knows what he is doing. He feels very confident working with him. Vice-Mayor Alperin declared the meeting adjourned at 10:00 P.M. City C£erk ATTEST: -26- 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 27, 1992, which minutes were formally approved and adopted by the City Commission City Cl~rk NOTE TQ 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. -27-