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11-24-92 NOVEMBER 24, 1992 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, November 24, 1992. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Pastor Tim Harden of Barwick Road Baptist Church. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch advised that two items have been added as an addendum to the consent agenda, Items F and G. The City Manager requested that Item 9.B be deleted; it will be coming back on the agenda possibly next week or the week after. Also, in Item 9.D. the amount is incorrect; it should be $5,154.80, 8500 less than what is shown. Mr. Randolph moved for approval of the agenda, as amended, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch noted that he had invited "MAD DADS" people to come on any Tuesday evening to introduce themselves and the program and what they mean to Delray Beach. Hopefully they will attend some evening and the citizens can support them with minor contributions to help the Police Department rid the City of drugs. 5. Approval of Minu~, NONE. 6. Pro¢l~matiQn~. NONE. 7. Presentations, NONE. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: Changes tQ Decade of Excellence/CBD Alleyway Improve- ment Program. Delete the alley in Block 60, located immediately east of the Tennis Center/Stadium complex, from the list of alleys to be improved under the CBD Alleyway Improvement program. Approval is recommended. 8~B, Resolution NO. 129-92, Resolution No. 129-92 vacating and abandoning an east/west 16 foot alley located adjacent to Lots 13-16, Block 52; an east/west 16 foot alley located adjacent to Lots 13-16, Block 44; and a north/south 16 foot alley located adjacent to Lots 1-6, Block 44, in conjunction with the Tennis Center/Stadium project, is before the Commission for considera- tion. Approval is recommended. The caption of Resolution No. 129-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING 16 FOOT ALLEY RIGHTS-OF-WAY LOCAT- ED WITHIN BLOCKS 44 AND 52, TOWN OF LINTON (NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE ' 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HERE- IN; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 129-92 is on file in the offi- cial Resolution Book) 8.C. ReeQlution No. 131-92. Resolution No. 131-92 amending Resolution No. 108-92 to correct Exhibit A of the budget resolu- tion, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 131-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 53-92 WHICH MADE APPROPRIA- TIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1991-92, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE WATER AND SEWER FUND FOR THE FISCAL YEAR 1991-92; TO REPEAL ALL RESO- LUTIONS INCONSISTENT HEREWITH. (Copy of Resolution No. 131-92 is on file in the offi- cial Resolution Book) 11/24/92 $.D. Resolution No. 127-92. Resolution No. 127-92 assessing costs for abatement action necessary to remove nuisances from 36 properties located within the City is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 127-92 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. (Copy of Resolution No. 127-92 is on file in the offi- cial Resolution Book) 8,E. Award of Bids and Contract~, 1. Janitorial Services - Coastal Building Maintenance (responsive low bidder) in the amount of 843,650 and Stoner's Helping Hands, Inc. in the amount of $1,849 with funding from City Hall Facility Maintenance (Account No. 001-3431-519-34.10/$23,812.50); Environmental Services Adminis- tration (Account No. 441-5111-536-34.10/$5,496.30); Streets Department (Account No. 001-3113-541-34.10/$677.62); Traffic Operations (Account No. 001-3141-541-34.10/$677.62); Fleet Main- tenance (Account No. 501-3311-591-34.10/$677.63); City Attorney (Account No. 001-1611-514-34.10/$3,033.33); Water Treatment Plant (Account No. 441-5122-536-34.10/$2,000.00); and Fire Station (Account No. 001-2311-522-34.10/$1,541.27). 2. Lot Clearing and Mowing - Code Enforcement - RC's Mowing Unlimited (primary) and Mac's Excavating, Inc. (secondary) in the approximate annual amount of $60,000 with funding from Lot Mowing and Clearing (Account No. 001-2741-524-34.30). 3. Anti-Rust Chemical Maintenance in City Irrigation Systems - Parks and Recreation - Rust Off, Inc. in the amount of $1.99 per gallon; with funding from Beautification Trust Fund - Other Repair and Maintenance Costs (Account No. 119-4144-572-46.90) and Cemetery - Other Contractual Services (Account No..001-4511-539-34.90). -3- 11/24/92 Mr. Mouw questioned, with regard to Item 8.E.3. if the City knows what they are buying for $2.00 a gallon that they used to pay $7.50 for. He inquired if a chemist had looked at this. Joseph Weldon, Director of Parks & Recreation, advised that this is one of the two vendors the City has had in the past and has done a good job; he has recently done the anti-rust chemicals for Little Fenway at Miller Field and it has worked very well. 8.F. Approval of Award to Emergency Contrac- tor/Johnson-Davis. Inc. The Commission is to consider approval of the award to Johnson-Davis, Inc., in the amount of $18,885 for the emergency repair of a manhole at 803 Meadowlark Lane in the Country Manors subdivison, with funding from Renewal and Replace- ment - Manhole Rehabilitation (Account No. 442-5178-536-61.84). Approval is recommended. 8.G. Approval of Award ~O Emergency Contractor/Ocean Bay Construction. Inc. The Commission is to consider approval of the award to Ocean Bay Construction, Inc., in the amount of $22,450 to replace a manhole at 727 Pine Lake Drive in the Hamlet subdi- vision and in the amount of $15,980 to replace 40 linear feet of collapsed gravity sewer line at Curlew Road in the Tropic Palms subdivision, with funding from Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). Approval is recommended. Dr. Alperin moved for approval of the Consent Agenda, as amended by Addendum, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. REGULAR A~ENDA 9,A, Review of Appealable Land Development Actions of Vari- Qus 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 November 16, 1992 through November 20, 1992. Dr. Alperin moved to receive and file the report, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,B. DELETED. 9.C, Re~Qlution No. 130-92, Resolution No. 130-92 vacating and abandoning an 80 foot by 125 foot portion of the Via Verona right-of-way, is before the Commission for consideration. The Planning and Zoning Board recommends denial. --4-- 11/24/92 The caption of Resolution No. 130-92 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE VIA VERONA RIGHT-OF-WAY LOCATED AT THE SOUTH END OF THE PARK PLACE DEVELOPMENT (FORMERLY VERONA WOODS), AND BEING MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 130-92 is on file in the offi- cial Resolution Book) Mr. Ellingsworth moved to deny this request. The City Attorney stated that what the Commission should understand is how this situation came about. At this point Mr. Ellingsworth withdrew his motion. The City Attorney explained that Via Verona is a public right-of-way and it goes in a circular fashion around that par- ticular development. At the end of the street portion before it curves around the circle, there is a continuation of the right- of-way that is unpaved, the City has some utility easements there and that property links up with the Andover property. There is an old easement that was granted in the 1950's which allowed access over that stretch of roadway to the Andover property. When the City put in the "No Thru Trucks" sign, Mr. Fleming, the developer of Andover, took the position that the City could not do that as it violated his easement. The City Attorney advised his office has looked into this and it comes down to what the extent of the easement was back in the 1950's. He stated Mr. Fleming wants to use the easement for construction access to Andover. The City Attorney stated the City had posted the "No Thru Trucks" signage and there was the possibility of litigation over the extent of this easement. His suggested solution was that since this is essentially a private dispute between Park Place (formerly Verona Woods) and the people who are developing Andover, those parties should handle the matter; if they want to go to court let them, rather than involve the City. That is why the City Attorney's Office suggested that the abandonment be processed. Mr. Ellingsworth advised that he did not like the idea of giving away property; even though it is not in use now, there may be a use for it in the future. Also, the P&Z Board must have had a reason to recommend denial. David Kovacs, Planning Director, stated that as far as a public right-of-way for day to day public purposes Andover has been platted in such a way as to preclude this; also, with the --5-- 11/24/92 platting of Andover by not having a street connection to connect to it, it precludes it in the way of a normal street circulation system. As a construction access to be able to get into Andover III without going through Andover I, that is another issue. The P&Z Board felt that by proceeding at this time it would further complicate matters as to the real issue and puts the City in a position, not to clarify, but to further muddy the waters. It was on this basis that the Board recommended not going forward with the abandonment at this time. Tom Fleming, General Partner of Andover Partnership, developers of lands lying south of the property under considera- tion, detailed his opposition to the abandonment. In the opinion of Andover Partnership they had the prior right to that easement, they purchased it, made sure it was referred to in their purchase documents and did so without having any anticipation of when or if somebody might ever plat that property. Mr. Fleming stated he contends that the dispute between the two developers was brought on, not knowingly and not wilfully, but nonetheless by the City. He believes that the only fair and just solution is to either abandon the entire right-of-way and thereby remove the "No Thru Trucks" sign or simply remove the "No Thru Trucks" sign at least for some reasonable period of time, during which they hope t© complete most of the buildout of Andover. He would hope the development would be virtually built out within the next two to three years. The City Attorney clarified that the City received the request for the "No Thru Trucks" sign from the property owners at the Verona Woods subdivision. The City was petitioned by them to take that action and that is why he has characterized this as basically a private property dispute between two land owners. The City Attorney stated he respects Mr. Fleming's right to litigate this if the matter is not resolved and his trucks cannot go through there; however, the litigation will be about the easement, its extent and what rights that easement grants them. The fact that the easement now is co-existent for a portion of the way with a public right-of-way, is really not the issue. Under normal circumstances a public right-of-way is more expan- sive than an easement. The significant point is that small piece of land which affords access from a publicly dedicated platted road to a private subdivision. Discussion followed between Mr. Fleming and the Commis- sion. Dr. Alperin moved to approve Resolution No. 130-92 and thereby abandon the property in question and remove the "No Thru Trucks" sign, seconded by Mr. Randolph. Following discussion on the removal of the sign, Dr. Alperin amended his motion to include the provision that the sign not be re-erected wihout the approval of the City Commission; Mr. Randolph amended his second. Upon roll call the Commission voted --6-- 11/24/92 as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No. Said motion passed with a 4 to 1 vote. 9.D. Change Order No. 2/Tuttle's Design Build. Inc, The Commission is to consider approval of a change order in the amount of $5,154.80 to delete two trees, install additional plant material along the guardrails on either side of a canal and pump enclosures, and to replace a dead Royal Palm in conjunction with the Congress Avenue Landscape project, with funding from 1987 Utility Tax - Congress and Lake Ida to Atlantic Avenue (Account No. 333-4141-572-61.32). Approval is recommended. Upon question'by Mr. Mouw regarding the Royal Palm, it was determined that it was the City's tree. Dr. Alperin moved for approval of the change order, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.E. Change Order NO. 3/Jack Hardy, Inc, The Commission is to consider approval of a change order in the amount of $90,197 to replace a deteriorated water main, install irrigation sleeves, stop signs, paver blocks and associated grading/traffic mainte- nance in Block 109; and, to construct additional clearing, grad- ing, concrete curb, asphalt paving, sewer lateral, PVC conduit and paver blocks in Block 92 in conjunction with the CBD Alleyway Improvement project, with funding from Water and Sewer Renewal and Replacement Water Distribution Improvements (Account No. 442-5178-536-61.78) and Decade of Excellence Bond Issue - CBD Alley Reconstruction Phase II (Account No. 225-3162-541-61.43). Approval is recommended. Dr. Alperin moved for approval of Change Order No. 3, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.F, Change Order No. 2/Olympic Industries. Inc. The Com- mission is to consider approval of a change order in the amount of 868,694, to remove and replace an existing fuel tank and for site work which includes paving, grading and landscaping at Fire Station No. 3, with funding from Decade of Excellence Bond Issue - Renovate Fire Station No. 3 (Account No. 225-2311-522-61.59). Approval is recommended. Mr. Mouw moved for approval of Change Order No. 2, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. --7-- 11/24/92 Before roll call, the following discussion was had: Dr. Alperin asked if this was part of the original site plan and original cost estimate. The City Manager stated that the City knew for some time that this work had to be done. Whether it was included in the cost estimates for renovation of Fire Station No. 3 that were in the Decade of Excellence Bond Issue, he could not answer. However, it is change order work because the City needs to get it done before the end of the year. The contractor is doing the same type of work at the City Garage and it made sense to go ahead and have this contractor do the work. Upon question by Mr. Randolph regarding the old tank, the City Manager advised it would not be legal to put it in the ground again as it does not meet current standards. At this point the roll was called to the motion. 9.G. offer of Settlemen~, The Commission is to consider a settlement offer in the Hodge vs. City of Delray Beach litiga- tion. The City Attorney advised that a settlement agreement was tentatively agreed to today, subject to Commission ratifica- tion, in the amount of $14,000. The City, through its police officer, was clearly responsible for the accident. Mr. Randolph clarified that the correct location is Atlantic Avenue and S. W. 10th Avenue rather than Street. Dr. Alperin moved for approval of the settlement offer, noting the correct location of the accident, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,H. Appointment of Commission Members to Various ~visQ~y Boards and Commi~e~. The Commission is to consider appointing Commission members to serve as the liaison member to various advisory boards and committees formerly served by Commissioner Andrews. Mayor Lynch referred to the new sheet prepared by the Clerk's Office. They are primarily looking at the boards former- ly served by Mr. Andrews or others that any of the Commissioners would like to give up or reconsider. The following changes were noted: Civil Service Board - Mr. Mouw - Liaison; Mr. Randolph - Alternate. Site Plan Review and Appearance Board - Mr. Ellingsworth - Liaison; Dr. Alperin - Alternate. Downtown Devel- --8-- 11/24/92 opment Authority - Mr. Ellingsworth - Liaison; Mayor Lynch - Alternate. Historic Preservation Board - Dr. Alperin - Liaison; Mr. Ellingsworth - Alternate. Planning and Zoning Board - Dr. Alperin - Liaison; Mr. Mouw - Alternate. With regard to the Outside Agency appointments, Mayor Lynch stated he would serve as Liaison on the Palm Beach County Municipal League from now until the next election; Dr. Alperin will stay as Alternate. South County Council of Governments - Mr. Ellingsworth - Liaison; Mr. Randolph - Alternate. Metropoli- tan Planning Organization - Mr. Ellingsworth as Liaison with Mr. Randolph as Alternate. Mayor Lynch advised that the Municipal League needs a statement as to who will be serving as liaison and requested that the Clerk's Office also send out letters to the other three government agencies. 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, Ordinance No. 63-92. Ordinance No. 63-92, adopting Comprehensive Plan Amendment 92-2 pursuant to the provisions of the "Local Government Comprehensive Planning and Land Development Regulations Act", Florida Statutes Sections 163.3161 through 163.3243, inclusive, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, second public hearing will be held December 1st. Prior to consideration of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 63-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 92-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; INCLUD- ING AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE PLAN, TRAFFIC ELEMENT, HOUS- ING ELEMENT, COASTAL MANAGEMENT ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVE- MENTS ELEMENT, BASED UPON AN ASSESSMENT OF TASKS ACCOMPLISHED, AVAILABILITY OF RESOURCES AND NEW INFORMATION; INCLUDING CHANGES TO THE FUTURE LAND USE MAP; INCLUDING CITY BOUNDARY ADJUSTMENTS PURSUANT TO ANNEXATIONS; INCLUD- ING AMENDMENTS TO PART IV, "REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION"; AND --9-- 11/24/92 INCLUDING TEXTUAL AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND RECREATION ELEMENT, FUTURE LAND USE ELEMENT AND CAPITAL IMPROVEMENTS ELEMENTS; ALL AS MORE PATICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 92-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE AND AN EFFECTIVE DATE. 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. David Kovacs, Planning Director, stated for the record, that June 23rd was the date the Planning Amendment was transmit- ted to the State. After the State received it, they reviewed it and issued an objections report; the objections dealt solely with the item of the downtown geographic area of exception. The City has reformatted the amendment with respect to this issue. Mr. Kovacs advised that this commits the City to doing what is called a Transportation Mobility Element and he will be coming before the Commission, hopefully before the end of the year, with a proposal to go to the MPO, the County and FDOT for them to fund almost the whole thing. Mr. Kovacs advised that the other significant item is that if the City gives development approval for some major devel- opment or a lot of little developments within the next two years which would otherwise break a level of service standard, and fails to do the Mobility Element, then all that development is subject to revocation. Upon question by Mayor Lynch relative to Blood's Groves, Mr. Kovacs advised that they reworded the policy in a manner that was acceptable to the legal representative for Blood's. Upon question by Mr. Ellingsworth regarding the Weekes Preserve and a price figure, the City Manager advised they have an estimate of $95,000, but are still working on this. Mr. Kovacs added that if the project is less than $100,000 they would be able to do a correction to the capital improvement element and not be bound by a full fledged amendment. Dr. Alperin moved for adoption of Ordinance No. 63-92 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -10- 11/24/92 11. Comments and Inquiries on Non-Aqenda Items from the Public. ll,A,1. The City Manager stated, with regard to the rental charges for Pompey Park, that the West Atlantic Property Owners Association wished to use a room at that facility from 5:00 P.M. to 7:00 P.M. on Saturdays. The park closes at 5:00 P.M., so that is why they are being charged. The City Manager advised he has made several attempts to contact someone with this organiza- tion and has been unsucessful; however, he will continue to try and reach someone to work this out. ll,A,2. The City Manager stated, with regard to Mrs. Dobson's complaint about the slow response from the Police Department, he has not been able to get back in touch with her to discuss this further. Records indicate that the offense occurred about 8:00 a.m. on Sunday, October 25th, but the Police Department was not notified until 8:22 a.m. and the officer arrived on the scene at 8:27 a.m. The City Manager advised he will try to reach her and see if there was anything else that might not have been handled properly. ll.A.3. The City Manager stated he received some information in response to Mr. Blake's inquiry at the last meeting; however, he is not satisfied with it and will hold this response until the next meeting. ll,B, From the Public. ll.B.1. Mr, Bernard Plotkin, 2507 Par Circle, discussed his concerns regarding the $.50 capital improvement surcharge at the municipal golf course, especially for walkers. He felt that his correspondence to the Commission in this regard had not been responded to adequately. For clarification, Dr. Alperin stated he had responded verbally, by telephone, to Mr. Plotkin's initial letter; the subsequent letter he sent to Mr. Plotkin was written on behalf of the entire Commission in the Mayor's absence. He did not continue to respond because the questions being asked were not different than those already answered. ll.B.2. Mr. Bernard Lillenstein, 880-A High Point Blvd. North, submitted a petition signed by golfers pertaining to the imposi- tion of the 8.50 capital improvement fee. ll,B,$, Mr. H~rry D~nziqer, 2634 N.W. 12th Street, presented a similar petition in connection with the $.50 surcharge. ll.B,4, Alice Finst, 707 Place Tavant, spoke with regard to the poor appearance of vacant lots along Congress Avenue, beween Atlantic Avenue and Lake Ida Road, especially the recently vacat- ed Gelco site. She commented that the plantings on Congress Avenue do not seem to be able to withstand a windstorn without at 11/24/92 least one or two trees being uprooted. Ms. Finst also commented on the need for better maintenance of the historic marker in the Black district located north of Mount Olive Baptist Church, citing landscaping and general sprucing up. ll,B,~, J~n Beer. 945 Tropic Boulevard, requested that the City Attorney be present at meetings of the Planning and Zoning Board when items which have been referred by the City Attoney's Office are scheduled to be heard. ll.B.6. Emmet~ Blake, 1630 Catherine Drive, stated he was speaking on the same matter as last week, that being employment at the City's water treatment plant as a trainee. He had re- ceived a letter from the Personnel Department indicating that the City has a policy of attempting to promote from within. His view is that the most qualified person should be hired, and it is his understanding that two individuals have been hired as trainees who do not have the qualifications he has. Mr. Blake questioned if this is an across-the-board policy or only on a selective basis and requested a reply in this regard. ll,B.7. Stev~ Thayer, 261N.E. 13th Street, stated he received a code violation notice for having a boat in his front yard and was found in violation today by the Code Enforcement Board. He advised it is physically impossible to move the boat to the side or rear yard due to the way the homes are built and the existing setbacks. Mr. Thayer advised this is an ongoing problem in his neighborhood and he was advised to either apply for a variance from the Board of Adjustment or get input from the Commission as to a possible solution. The City Attorney advised the two solutions presented to Mr. Thayer were: (1) go to the Board of Adjustment and re- quest a variance alleging the hardship, or, (2) seek a change in the ordinance itself. The City Manager stated if the ordinance were going to be looked at for a possible change, it should properly be referred to the Planning and Zoning Board. Mayor Lynch informed Mr. Thayer that the matter would be taken under review by the City Manager and a response would be forthcoming within a week or two. ll.B.8, Jerry Marshall stated he hoped that the Commission had received the West Atlantic Property Owners Association report that he had provided to the Assistant City Manager. This is in regard to the program for young people and he requested that some action be taken on it. FIRST READINGS 12.A. Ordinance No. 64-92. An ordinance amending the Waterford/Delint SAD in conjunction with the Builder's Square proposal, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends denial. If passed, public hearing December 1st. -12- 11/24/92 The City Manager presented Ordinance No. 64-92: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 79-84, AS AMENDED BY ORDINANCE NO. 96-87 AND ORDINANCE NO. 68-89, PERTAINING TO AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN LINDELL BOULEVARD AND INTERSTATE-95, SAID LAND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST; AND ENACTING A REPLACEMENT ORDINANCE; SAID ORDINANCE ESTABLISHING ALLOWABLE LAND USE, APPROVING A REVISED MASTER DEVELOPMENT PLAN, ESTABLISHING CONDITIONS OF APPROVAL, DETERMINATION OF VESTED STATUS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney advised that due to certain unavoid- able time constraints, he had just recently had the opportunity to review the proposed ordinance and feels that there are some minor problems with the caption and the manner in which the ordinance is formatted. Therefore, he suggested that first reading of the ordinance not take place until December 1, 1992, with second and final reading to occur on December 8, 1992. Public hearings will take place on both of those dates. Mr. David Kovacs, Director of Planning and Zoning, gave an extensive presentation on the Delint/Waterford DRI project, the conditions of the development order, his responsibility to ensure compliance with same, and the complexities of the develop- ment proposal. At this point, Mr. Alan Ciklin, attorney representing the applicant, and Mr. Steve Godfrey (Kimley-Horn), the appli- cant's traffic consultant, made presentations, respectively, with respect to the proposed site plan, conditions of approval, traf- fic impact studies and mitigation efforts. At the conclusion, the City Commission asked that the City's traffic engineer review the traffic impact analysis prepared by the applicant's consul- tant and be prepared at a future date to provide a critique or input as to the validity of that information. Discussion by the Commission followed. Dr. Alperin expressed his concern about the reduction in the amount of office space to accommodate this proposal, and questioned if there are other plans for the balance of the office space down the line. There is nothing to preclude the developer from coming in at a later date for forther modification, and he would like to know their intentions in this regard. -13- 11/24/92 Mr. Mouw requested that the developer look at the possibility of participating in the plans the City has been discussing with respect to extending S.W. 10th Avenue north to S.W. 10th Street from Linton Boulevard as a means of alleviating the traffic snarls on Linton Boulevard, especially from Wallace Drive west to the 1-95 ramps and on to Congress. He indicated that this aspect would be a key consideration to his approval of this project, and also asked that the City and the developer pursue with the County the possibility of acquiring credit for the impact fees which will come from the Builder's Square project. Mr. Ellingsworth inquired of the developer if the conditions of approval imposed upon this project by the Planning and Zoning Board are satisfactory to them? Mr. Ciklin stated that, for the most part, the conditions of approval are accept- able. There are a few minor areas which need to be worked out, but he felt confident they would be resolved by first reading. Mr. Randolph stated that he views this development as an opportunity and feels that it will be a welcome addition to the community, especially with appropriate traffic mitigation measures. Mayor Lynch indicated that while he is generally sup- portive of the project, he feels there are things that can be done to help alleviate some of the concerns, especially with respect to traffic. He agreed with Mr. Mouw that the 10th Avenue scenario ought to be addressed. He asked to receive any minutes pertaining to SPRAB review of the proposed site plan, and also asked that the traffic engineer attempt to review the developer's traffic information and report back with an opinion. Mayor Lynch informed the public that Ordinance No. 64-92 will be scheduled for public hearing at both the December 1, 1992, and December 8, 1992, regular meetings. 13. Comments and Inquiries on NQn-Ag~n~a Items, 13,A,1, Mr. Ellingsworth spoke on behalf of Michael J. Machek, Jr. (now deceased) who was very active in Boy Scouts for many years in Delray Beach. He requested consideration be given to naming the Boy Scout Hut on Lake Ida Road in honor of Mr. Machek. Mr. Ellingsworth indicated that the Gulf Stream Council, B.S.A., had been contacted and they would be willing to provide a plaque at no cost to the City. 13,A.2, There were no comments from Commissioner Randolph. 13.A.3. There were no comments from Commissioner Alperin. l~,A.4, There were no comments from Commissioner Mouw. -14- 11/24/92 13.A.5, Mayor Lynch requested a status update on the newsrack ordinance from the City Attorney and whether this will be dis- cussed as a Commission item again or just be processed. The City Attorney advised they have not scheduled an appointment yet and he has not had any recent correspondence or contact with any of the parties involved. Mayor Lynch requested this be brought up at the next meeting; his feeling is that the Commission has passed this ordinance, has shown strength and if there is a way of negotiat- ing to come to a compromise without litigation, he thought they ought to be looking at it. 13.A.6, Mayor Lynch suggested the Commission consider holding a town meeting, perhaps sometime in January 1993, at Old School Square, where the residents of the City would have the opportuni- ty to express their thoughts and concerns. This way, after the March election when the Commission plans for the future, citizen input would already have been received. 13.B.1. The City Attorney advised there was an election at the Police Department to decide whether or not they wanted the F.O.P. or the P.B.A. to represent them. They were previously represent- ed by the F.O.P., and yesterday the sergeants and police officers selected the P.B.A. The lieutenants remain with the F.O.P. 15,B.2. The City Attorney stated, that with regard to the IBF&O, they originally had a Special Master hearing scheduled on November 30th; that has been delayed until December 9th. He informed the Commission that if things are unable to be worked out, they can expect the IBF&O issues to be coming before them in January. 13,C.1. The City Manager advised he received a call this after- noon from Jim Vance informing him that the County Commission had approved the Morikami Wellfield agreement today. 13.C.2. The City Manager informed the Commission that while he was attending the League of Cities meeting in Tallahassee last week, he met with a representative of the Federal Highway Admin- istration about the fence on the east side of 1-95 on Atlantic Avenue that the City has been trying to get moved back from the sidewalk. He believed they have a solution worked out where they can run it around the back side of that park area and get it off the street. Hopefully, this will be resolved shortly. Mayor Lynch declared the meeting adjourned at 9:25 P.M. ~ Cit~ ~flerk -/ -15- 11/24/92 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 November 24, 1992, which minutes were formally approved and adopted by the City Commission - 'C~-~erk / 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. -16- 11/24/92