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01-08-91 JANUARY 8, 1991 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, January 8, 1991. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Commissioner Randolph. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager requested that 7.B. be removed from the Presentation portion of the agenda. The City Attorney requested that Item 9.Q. be deleted from the Regular agenda and advised that the applicant of 9.C. had written a letter requesting an extension. Mayor Lynch suggested this item be withdrawn and that it be placed on the agenda for the first meeting in February. Dr. Alperin moved for agenda approval, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Dr. Alperin moved for approval of the Regular Minutes of ~ovember 13, 1990, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved for approval of the Regular Minutes of November 27, 1990, December 4, 1990 and the minutes of the Special Meeting of November 20, 1990, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6.A. Mayor Lynch read and presented a proclamation proclaiming January 21, 1991 as "Martin Luther King, Jr. Day". Spencer Pompey came forward and accepted the proclamation. 6.B. Mayor Lynch read and presented a proclamation proclaiming the Trinity Tigers (Girls Junior High) - Victorious in a No Loss Season. 6.C. Mayor Lynch presented a proclamation commending the members of "Today's Society of Tomorrow's Leaders" for feeding the hungry during the holidays. He also commended the City staff and their departments for preparing baskets for delivery to the needy during the holiday season. 7.A. Mayor Lynch read the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended September 30, 1989. Milena Walinski, Assistant Finance Director, accepted the Certificate on behalf of the Finance Department. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. 1991 National Derby Rally and All-American Soap Box Derby. The Commission is to consider approval of using the Linton Boulevard Bridge on Saturday, February 16, 1991, Sunday, June 23, 1991 as a practice date and Saturday, June 29, 1991 from 9:00 A.M. until mid-afternoon for the National Derby Rally. Approval is recommended. 8.B. Resolution No. 1-91. Resolu%ion No. 1-91, amending the Water and Sewer Operating Budget, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 1-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-90 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1990-91, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE WATER AND SEWER FUND FOR THE FISCAL YEAR 1990-91; TO REPEAL ALL RESOLUTIONS AND ORDINANCES INCONSISTENT HEREWITH. (Copy of Resolution No. 1-91 is on file in the official Resolu- tion Book) 8.C. Del Aire Country Club Median Landscaping and Irrigation Mainte- nance Agreement. The Commission is to consider approval and ratifica- tion of the median landscaping and irrigation maintenance agreement between the City and Del Aire Country Club. Approval is recommended. 8.D. Equipment Purchase and Software License Agreement - ITRON, Inc. The Commission is to consider approval of an agreement with ITRON, Inc., for the purchase of hand-held meter reading equipment and software and system support services. Approval is recommended. 8.E. Reorganization Plan for Sunshine Telephone, Inc. The Commis- sion is to consider approval of a plan for the reorganization of Sun- shine Telephone, Inc. Approval is recommended. -2- 1/8/91 8.F. Ratification and Approval of Administrative proposals. The Commission is to consider ratification and approval of the Administra- tive Proposals regarding financial management as presented to the Commission at their Workshop Meeting of November 20, 1990. Approval is recommended. 8.G. Authorization No. 3C with Post, Buckley, Schuh & Jernigan. The Commission is to consider approving Authorization No. 3C with PBS&J to prepare drawings for the Water Treatment Plant Expansion Project in the amount of $7,500 with funding to come from the 1984 Bond Issue Account No. 441-5162-536-60.76. 8.H. Award of Bids and Contracts. 1. Rental Rehabilitation Program - Henry Haywood in the amount of $11,823 for rehabilitation of property at 126-36 N.W. 2nd Avenue with funding to come from Rental Rehabilitation Grant (Account No. 118-1975-554-60.23) Account balance $40,306.50. 2. Co~unity Development Block Grant Program Housing Rehabili- tation Grant - Phillip Gary Purr & Gamzo Inc., for property at 412 S.W. 4th Avenue in the amount of $11,213.50 with funding to come from Housing Rehabilitation (Account No. 118-1963-554-60.23) Account balance $182,815. 3. Office Supplies - Annual contract - Joyce Office Products at an estimated annual cost of $25,000 with funding to come from the various departmental budgets. 4. Portable Police Radios (40) and accessories - Motorola C & E, Inc., in the amount of $28,981 with funding to come from Police (Support) Budget/Equipment Other (Account No. 001-2113-521-60.89) Account balance $37,800.30. 5. Hurricane Shutters at Water Treatment Plant - Solaroll Shade & Shutter Corp. in the amount of $51,715 with funding to come from Building Account No. 444-5154-536-60.31. Account balance $250,000. 6. Landscape Maintenance on West Atlantic Avenue - Greenway Plan Phase II - America's Pros, in the amount of $10,305 with funding to come from Beautification Contract Maintenance (Account No. 119-4144-572-33.49) Account balance $191,085. Dr. Alperin moved for approval of the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9oA. Review and Acceptance of Appea~a~le Advisory Board Actions. The Commission is to consider acceptance of actions and decisions made -3- 1/8/91 by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board. Approval is recommended. Mr. Andrews moved for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. Appeal of Planning and Zoning Board Action Re: Bingo at Con- gress Square. The Commission is to consider an appeal of the Planning and Zoning Board denial of a conditional use request for bingo at Congress Square. Approval is recommended. The City Attorney stated that, with regard to appeals of rezoning matters and conditional uses, when there is a denial from the Planning and Zoning Board the LDRs should be changed. In the authority section, the Planning and Zoning Board does not have final denial authority so, under the current regulations, the Commission is really reviewing the recommendation of the P&Z Board as opposed to an appeal from a denial, which was the intent. Mayor Lynch expressed the feeling that he would like to hear comments from the public even though a Public Hearing is not required and suggested this procedure be discussed at an upcoming workshop. Irving Steinberg, President of Florida Veterans Memorial Fund, requested that this item be delayed until the engineer for this project arrives. The City Attorney stated some of the preliminary issues can be taken care of. Upon question, Mr. Steinberg confirmed that the organization will be leasing the premises, they are a charitable organization and the lease payment does not call for a percentage of the proceeds. The City Attorney advised that, since they are a charitable organization, they can sub-lease for use by other charities who will pay an amount to be pro-rated according to the amount of time each organi- zation uses. James Johnson, Architect, presented a site plan showing the location of the site, the additional businesses and the vacancies. Mayor Lynch stated if there is a feeling that P&Z might look at this differently upon a review of the new information, he would recom- mend that the site plan be returned to them. Dr. Alperin moved to remand this back to P&Z with the new information, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Kovacs advised this will be scheduled for the P&Z Board Meeting of January 28, 1991 at 6:00 P.M. -4- 1/8/91 9.C. Appeal of Planning and Zoning Board Action Re: Rezoning Request for Boat Docks. This item was withdrawn from the agenda at the applicant's request. 9.D. Consideration of Approval for Mural 9nd Sign. The Commission is to consider approving a mural and sign on the Delray Bait and Tackle building located at 817 N.E. 6th Avenue and to provide direction for establishment of criteria for approvals of such items. The City Attorney stated if this is to be declared something other than a sign, there should be an amendment drafted to the Sign Code. Under the definition within the LDRs, it clearly states this would be considered a sign. Mr. Andrews stated he feels that a mural, other than a sign, should be treated as an architectural element, so it should be included in the Code as such and consideration given regarding the proportion of the building within the block. Lula Butler, Director of Community Improvement, stated there are parts of the Code that would allow the applicant to have the flat wall sign and an additional free-standing sign. Upon question by Mr. Mouw regarding the City's recourse of an objectionable color on a sign, Ms. Butler stated this would be the decision of the SPRAB Board, but because the Code is not specific, they were uncomfortable in setting a precedent. Mayor Lynch suggested staff supply guidelines on how this should be governed, making it easier to deal with in terms of the ordinance. The Commission concurred on being in favor of murals and that they can add to buildings. Mayor Lynch stated if Delray Bait and Tackle wants to apply for a waiver, it will be necessary for the applicant to return to the Commission prior to approval of a Code amendment or new guidelines. 9.E. Comcast Cable Use of County Rights-of-Way Within City of Delra¥ Beach. The Commission is to consider the issue regarding use of County rights-of-way within the City of Delray Beach by Comcast Cable. The City Attorney stated Comcast did not obtain a permit in the amount of $15.00 to do work in the right-of-way in the City. Pursuant to the Code, the City requires that the permit fee be trebled or made $45.00. The City does not have the authority, by issuing the permit, to regulate the laying of a particular cable in a right-of-way that does not belong to the City. Rights-of-way within the City are controlled by different entities, including the City and the County. Mayor Lynch advised that when the Commission originally denied the request from Comcast, they did not object, but indicated there were other means of going around the City. The City Attorney stated it was his understanding that Comcast indicated they would use County -5- 1/8/91 rights-of-way and the map shows the route is along Congress Avenue to Lake Ida Road and then to Military Trail. Michael Weiner, representing National Cable, Ltd., stated he understands the LDRs provide a number of weapons to use, as opposed to just tripling the permit fee, if an applicant blatantly disregards the permitting process. Mr. Andrews expressed the feeling that, if National Cable felt Comcast went against the City LDRs or some other law, they would have filed an injuction. This is a clear cut case of a right-of-way that does not belong to the City. Upon question by Mayor Lynch, the City Attorney advised that Comcast is a franchisee with the County. He explained further that the City's air rights-of-way remain uncluttered, which is what the City was concerned with when Comcast originally appeared before the Commission. Mr. Randolph commented that he feels the Commission should take a hard look at the City's permitting process with regard to the County, FP&L and Southern Bell. The Commission concurred that the City has no alternative at this time. PUBLIC HEARINGS At this point, the time being 7:30 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Ordinance No. 61-90. Ordinance No. 61-90, changing the defini- tion of the term "family" as contained in the LDRs, 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. 61-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", ARTICLE 1.4, "INTERPRETATION, ENFORCE- MENT, AND PENALTIES", SECTION 1.4.5, "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", REPEALING THE DEFINITION OF FAMILY; BY ENACTING A NEW DEFINITION OF FAMILY PROVIDING THAT A FAMILY SHALL CONSIST OF THOSE PERSONS WHO ARE RELATED BY BLOOD, MARRIAGE OR ADOP- TION, OR AS MANY AS FIVE UNRELATED PERSONS LIVING IN THE SAME DWELLING UNIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -6- 1/8/91 (Copy of Ordinance No. 61-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw moved for the adoption of Ordinance No. 61-90 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Andrews stated that he feels the health, welfare and safety issues are not a part of this ordinance, that they can be abused, so he cannot support it. Upon question, the City Attorney recommended the Commission not pass the ordinance on a trial basis, but suggested staff report to the Commission after six months to inform them of the outcome. At this point the roll was called to the motion. 10.B. Request for Waiver. The Commission is to consider a request from the American Heart Association to waive Code Section 118.27(C) (3) which provides for an annual registration fee for a charitable organiza- tion in the amount of $300. Prior to consideration of this waiver, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw mo~ed for approval of the request, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.C. Request for Waiver. The Commission is to consider a request from the Health Care Institute, located at 4760 West Atlantic Avenue, to waive Section 4.3.4(H) (6) of the Land Development Regulations which requires a 14 foot setback for signs. The applicant is requesting a 10 foot setback. Prior to consideration of passage of this request, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Attorney stated, when the bulk of the Sign Code was modified in 1985 it was meant to be an absolute Code and there was to be no variance procedure included. The first variance was for historic, -7- 1/8/91 nostalgic or rooftop signs, based on an historical perspective; now more and more variances are being requested. It is his suggestion that, if the Commission is to continue granting variances on a regular basis, some rules and regulations should be spelled out. Ms. Butler stated she hopes to return to the Commission early in February at a workshop meeting with proposed changes to the Code. Mr. Mouw moved to approve the waiver, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.D. Request for Waiver. The Commission is to consider a request from Dr. & Mrs. Carlos Tomelleri, 250 Royal Court, for two free-standing signs to be located on the City right-of-way. Prior to consideration of this waiver, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Betty Tomelleri, applicant, stated they feel this particular plot is very unusual and unique. She emphasized the fact that in the practice of psychiatry they try to be as discreet as possible in the interest of their patients. The City Manager stated he concurs with the Historic Preserva- tion Board in allowing two signs since the property fronts on three streets. He and the City Attorney agree that the area of the sign would be actually less than the 20 square feet because of the way it peaks at the top. Mary Lou Jamison, President of Del Ida Park Neighborhood, stated they are in favor of this request. The public hearing was closed. Mr. Mouw moved for acceptance of the request for waiver, according to the City Manager's recommendation in the last paragraph of the memorandum and that the applicant be permitted to put the numbers of the address of the property not to exceed four inches on the west corner of the property, with the condition that they enter into a hold harmless agreement with the City, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 10.E. Request for Waiver. The Commission is to consider a request of waiver from the 1550 Building located at 1550 North Federal Highway, to allow an existing free-standing sign to be placed at an 18 foot height instead of the required 7 feet. Prior to consideration of this waiver a public hearing has been scheduled to be held at this time. -8- 1/8/91 Ms. Butler stated the problem with this sign is that it is visually blocked by a building and landscape items. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Jean Beer, Tropic Boulevard, stated she is opposed to continu- ally allowing an increase in the height of signs. O.D. Priest, owner of this strip of eight stores with a City- required setback of 30 feet, stated there is a motel adjoining the north property line which blocks his sign. He is requesting that he be allowed to raise the sign in order that the strip can be seen from a distance. The public hearing was closed. Mr. Mouw moved for approval of the waiver, seconded by Mr. Andrews. Upon question by Mayor Lynch, Ms. Butler responded that the CRA was not required to review this waiver. Mr. Randolph suggested a workshop be scheduled regarding the issue of coordinating the Sign Code and the Landscape Code to prevent future blocking of signage. Mr. Mouw amended his motion to include the caveat that, should the motel be demolished in the future, the sign would be lowered to the required height, Mr. Andrews amended his second. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. 10.F. Request for Waiver. The Commission is to consider a waiver request from World's Best Burger located at 550 N.E. 6th Avenue for a free-standing sign with a one foot setback instead of 10 feet as submit- ted on their approved sign plan. Prior to consideration of this waiver, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for denial of the waiver, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 10.G. Ordinance No. 62-90. Ordinance No. 62-90, amending the Code of Ordinances by amending Chapter 52 "Water" by repealing certain subsec- tions with respect to certain connection charges and transmission and storage fees, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on -9- 1/8/91 Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 62-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", SUBHEADING "RATES, CHARGES, AND FEES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 52.31, "CONNECTION CHARGES", SUBSECTION (B), "EXCEP- TIONS TO WATER CONNECTION CHARGE", IN ITS ENTIRETY; BY RELETTERING SECTION 52.31, "CONNECTION CHARGES", SUBSECTION (C) TO SUBSECTION (B); BY AMENDING SECTION 52.31, "CONNECTION CHARGES", BY ADDING A NEW SUBSEC- TION (C) TO PROVIDE FOR LIMITATION ON USE OF FEES AND A NEW SUBSECTION (D) TO PROVIDE THAT ANY REQUIRED CONNECTION FEE SHALL BE PAID IN FULL PRIOR TO THE ISSUANCE OF ANY AUTHORIZATION TO CONNECT TO THE CITY'S WATER SYSTEM; BY REPEALING SECTION 52.35, "TRANSMIS- SION AND STORAGE FEES", IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 62-90 is on file in the official Ordi- nance Book) Mr. Andrews left the Commission Chambers at this time. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 62-90 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.H. Ordinance No. 63-90. Ordinance No. 63-90, amending the Code of Ordinances by amending Chapter 54 "Sewers" by repealing certain Sections with respect to certain connection charges and service rates and renum- bering the remaining sections accordingly, is before the Commission for consideration on Second and FINAL Reading. The City Manager presented Ordinance No. 63-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 54.31, -10- 1/8/91 "CONNECTION CHARGES; EXCEPTION" , SUBSECTION (A) , "CONNECTION CHARGES", PARAGRAPHS (A) (2) (a) THROUGH (A) (2) (e), INCLUSIVE, AND ALL OF SUBSECTION (B), "EXCEPTIONS TO CONNECTION CHARGE"; BY REPEALING SECTION 54.32, "SERVICE RATES AND CHARGES", SUBSECTION (B) , PARAGRAPH (3) , "SEWERAGE FLOW DETERMINATION"; BY RENUMBERING SECTION 54 . 32, "SERVICE RATES AND CHARG- ES'', SUBSECTION (B) , PARAGRAPH (4) , "WHEN EFFECTIVE", TO PARAGRAPH (3), "WHEN EFFECTIVE"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 63-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 63-90 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Andrews returned to the Commission Chambers at this time. At this time Mayor Lynch returned to the Proclamation portion of the agenda. 6.C. Mayor Lynch read and presented a proclamation commending the members of "Today's Society of Tomorrow's Leaders" for feeding the hungry in the City of Delray Beach during the holidays. Ms. Mitchell came forward to accept the proclamation. PUBLIC COMMENT - NON AGENDA ITEMS ll.A.1. The City Manager stated the first item he had planned to discuss was in reference to the Comcast Cable Company and that has been previously discussed at this meeting. ll.A.2. The City Manager stated the second was the problem Lynn Wachtel had in obtaining permits and direction for repairs to the building on Congress Avenue. The Planning Director has corresponded with her and provided direction as to what can be done. He also apologized to her for failure by staff to get in touch and assured her of continuous cooperation in helping to restore this property for some productive use. ll.B. There were no inquiries from the public on Non-Agenda items. FIRST READINGS 12.A. Ordinance No. 1-91. Ordinance No. 1-91, amending Chapter 4, "Zoning Regulations", of the Land Development Regulations by decreasing -11- 1/8/91 the rear yard setback in the Neighborhood Commercial (NC) Zoning Dis- trict from 40 feet to 10 feet, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held January 29, 1991. The City Manager presented Ordinance No. 1-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K), "DEVELOP- MENT STANDARDS MATRIX", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DECREASING THE REAR YARD SETBACK IN THE NEIGHBORHOOD COMMERCIAL ZONE FROM 40 FEET TO 10 FEET; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for Public Comment. No one came forward to address the Commission on the ordinance. Mr. Andrews stated he feels there are some scenarios that would make 10 feet highly inappropriate, because commercial buildings can take any shape or form with a very obtrusive situation abutting residential property. It is his hope that the 10 feet is not an absolute and that the site plan is very critical, favoring the adjacent residential over the commercial in all instances. Upon question by Dr. Alperin, David Kovacs, Planning Director, responded that the height limitation is 48 feet. Mayor Lynch commented that he feels part of the problem is that formerly, when any commercial building was to be constructed near a residential district, it was required that a wall be constructed to isolate the residential portion. Upon question by Mayor Lynch as to why this particular issue could not be solved by granting a variance, Mr. Kovacs stated the variance criteria is based upon a hardship. The City Manager suggested restricting the building height or changing the setback by requiring one foot of setback for each equiva- lent foot of height, since there seems to be a concern regarding the height. For example, if the building was 48 feet in height, the setback would need to be 48 feet. Mr. Randolph stated he has no objection to this ordinance, since there seems to be only one or two exceptions. -12- 1/8/91 Dr, Alperin stated he would like to see the ordinance changed to require one foot for each equivalent one foot of height, starting at the minimum 10 foot setback. The Commission concurred. Dr. Alperin moved for the adoption of Ordinance No. 1-91 on First Reading, as amended. The City Attorney advised there will be a caption change and requested time to revise this for Commission approval. The Commission concurred to table this item for the time being. (At the conclusion of Item 12.B., the adoption of Ordinance No. 2-91, the Commission returned to Item 12.A.) 12.B. Ordinance No. 2-91. Ordinance No. 2-91, amending Chapter 2, "Administrative Provisions", of the Land Development Regulations by including additional items for which the Chief Building Official has authority to approve, to approve subject to conditions or to deny a building permit, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 29, 1991. The City Manager presented Ordinance No. 2-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINI- STRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PRO- CEDURES'', SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", SUBSECTION 2.4.5(I), "ARCHI- TECTURAL (APPEARANCE) ELEVATIONS", SUB-SUBSECTION (1), "RULES", PARAGRAPH (b), OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY INCLUDING ITEMS WHICH THE CHIEF BUILDING OFFICIAL HAS AUTHORITY TO APPROVE, APPROVE SUBJECT TO CONDITIONS, OR TO DENY A BUILDING PERMIT FOR THE ERECTION OF THOSE ITEMS LISTED; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for public comment. No one came forward to address the Commission on this ordinance. Mr. Randolph moved for the adoption of Ordinance No. 2-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.A. At this time the City Attorney read the revised caption of Ordinance No. 1-91 as follows: -13- 1/8/91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 4.3.4(K) "DEVELOP- MENT STANDARDS MATRIX", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY CHANGING THE REAR YARD SETBACK IN THE NEIGHBORHOOD COMMERCIAL ZONE TO EQUATE SETBACK AREAS TO THE HEIGHT OF THE BUILDING WITH A MINIMUM OF A 10 FOOT SETBACK; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. Dr. Alperin moved for the adoption of Ordinance No. 1-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12.C. Ordinance No. 3-91. Ordinance No. 3-91, amending Chapter 4, "Zoning Regulations", of the Land Development Regulations by increasing the maximum allowable floor area for a single tenant or a single use from 20,000 square feet to 60,000 square feet with the Planned Commer- cial Small Scale (PC-S) Zoning District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held on January 29, 1991. The City Manager presented Ordinance No. 3-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" , ARTICLE 4 . 4 , "BASE ZONING DISTRICT" , SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT" , SUBSECTION 4.4.12(H) (1), "SPECIAL REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY INCREASING THE MAXIMUM ALLOWABLE FLOOR AREA FOR A SINGLE TENANT OR A SINGLE USE FROM 20,000 SQ. FT. TO 60,000 SQ. FT. WITHIN THE PLANNED COMMERCIAL SMALL SCALE (PC-S) ZONE DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for Public Hearing. Bob Basehart, resident, stated he would like an opportunity to discuss this ordinance, if the Commission enters into a discussion. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 3-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - -14- 1/8/91 Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.D. Ordinance No. 4-91. Ordinance No. 4-91, amending Chapter 4, Zoning Regulations", of the Land Development Regulations by repealing Section 4.4.19(D) and enacting a new Section 4.4.19(D), "Conditional Uses and Structures Allowed", to provide provisions for conditional uses and structures allowed in the Mixed Industrial and Commercial (MIC) Zoning District, is before the Commission for consideration on First Reading. The City Manager presented Ordinance No. 4-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY REPEALING SECTION 4.4.19(D) AND ENACTING A NEW SECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE PROVISIONS FOR CONDITIONAL USES AND STRUCTURES ALLOWED IN A MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for Public Hearing. Frank Kriedler, representing Ray Ellison, a property owner, stated he owns a parcel on the west side of Congress Avenue, where a developer would like to expand 90 feet onto his property for storage of temporary units. Mr. Kriedler commented that when they appeared before the P&Z Board, there were no conditional uses available, and he main- tains the position that it was unintentionally omitted. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 4-91 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.E. Ordinance No. 5-91. Ordinance No. 5-91, amending Title 3, "Administration", Chapter 30, "City Commission" of the Code of Ordinanc- es by amending Section 30.15, "Waivers of City Ordinances", by adding a new subsection 30.13(C) to provide for the imposition of a fee to cover advertising and administrative costs associated with processing the waiver application, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 29, 1991. -15- 1/8/91 The City Manager presented Ordinance No. 5-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRA- TION'', CHAPTER 30, "CITY COMMISSION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30.15, "WAIVERS OF CITY ORDINANCES", BY ADDING A NEW SUBSECTION 30.15 (C) TO PROVIDE FOR THE IMPOSI- TION OF A FEE TO COVER ADVERTISING AND ADMINISTRATIVE COSTS ASSOCIATED WITH PROCESSING THE WAIVER APPLICA- TION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised there is a change in Section 1 (C), deleting the words "corporation or legal entity" Mayor Lynch opened the floor for Public Hearing. No one came forward to address the Commission. Mr. Mouw moved for the adoption of Ordinance No. 5-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.F. Ordinance No. 6-91. Ordinance No. 6-91, amending Chapter 36, "Finance; City Property Transactions", Subheading, "City Purchasing", Section 36.02, "Acquisition of Personal Property, Supplies or Contractu- al Services" to provide certain criteria to make the purchasing process more effective and efficient, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 29, 1991. The City Manager presented Ordinance No. 6-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS- TRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSAC- TIONS'', SUBHEADING "CITY PURCHASING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 36.02, "ACQUISITION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES", SUBSEC- TION (A) TO PROVIDE THAT PURCHASES COSTING MORE THAN $100 BUT LESS THAN $1,000 MAY BE AWARDED BY THE PURCHASING OFFICER PROVIDED AN ATTEMPT IS MADE TO OBTAIN TWO (2) QUOTES WHENEVER PRACTICAL; BY AMENDING SECTION 36.02 (B) TO PROVIDE THAT PURCHASES COSTING $1,000 OR MORE BUT LESS THAN $6,000 MAY BE AWARDED BY THE PURCHASING OFFICER SUBJECT TO CITY MANAGER APPROV- AL AND SUBJECT TO CERTAIN CRITERIA; BY AMENDING -16- 1/8/91 SECTION 36.02 (c) TO PROVIDE CRITERIA FOR AWARD OF BID FOR PURCHASES OF MORE THAN $6,000 AND LESS THAN $10,000; BY REPLACING THROUGHOUT SECTION 36.02 REFER- ENCE TO PURCHASING ADMINISTRATOR WITH PURCHASING OFFICER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for Public Hearing. No one came forward to address the Commission. Mr. Randolph moved for the adoption of Ordinance No. 6-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.G. Ordinance No. 7-91. Ordinance No. 7-91, annexing to the City of Delray Beach twenty-five (25) parcels of land lying and being in Section 14, Township 46 South, Range 42 East, Palm Beach County, Flori- da, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held on January 29, 1991. The City Manager presented Ordinance No. 7-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH TWENTY-FIVE (25) PARCELS OF LAND LYING AND BEING IN SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF MILITARY TRAIL AND ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVID- ING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO PC (PLANNED COMMERCIAL) DISTRICT, IN PART, AND POC (PLANNED OFFICE CENTER) DISTRICT, IN PART; AND GC (GENERAL COMMERCIAL) DISTRICT IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for Public Hearing. Gerry Marshall, resident of Woodlake Subdivision, questioned what parcels are included in this property. Mr. Kovacs stated the parcels are located at the northwest and southwest corners of West Atlantic Avenue and Military Trail. These annexations are a result of the Annexation Policies contained in the Comprehensive Plan, some of which are subject to water service -17- 1/8/91 agreements. There are a few voluntary petitions in addition to those properties currently receiving services that have no Annexation Agree- ment, but are being asked to become a part of this effort. If concur- rence is not received by February 12, 1991, they may be deleted from this action. The City Attorney advised that, as a result of Mr. Kovacs last comment, the caption of Ordinance No. 7-91 should be changed to read as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LAND LYING AND BEING IN SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF MILITARY TRAIL AND ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO PC (PLANNED COMMERCIAL) DISTRICT, IN PART, AND POC (PLANNED OFFICE CENTER) DISTRICT, IN PART; AND GC (GENERAL COMMERCIAL) DISTRICT IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for Public Hearing. No one came forward to address the Commission. The City Manager stated, on the effective date of the annexa- tion, there should be a budget in place to add the two police officers in order to provide adequate service to the area. Mr. Andrews moved for the adoption of Ordinance No. 7-91 as amended, on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.F. Consideration of Request For Waiver of Sign Code - Greater Delray Beach Chamber of Commerce. The Commission is to consider a request from the Greater Delray Beach Chamber of Commerce for a waiver of Section 4.6.7(3) (J) of the Sign Code for their annual membership drive from January 15 - February 1, 1991. Denial is recommended. Dr. Alperin moved for approval, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. The City Manager stated this will be on the agenda for the meeting of January 16, 1991, as the waiver must be advertised. -18- 1/8/91 Mayor Lynch requested that staff look at this at the time the Sign Code is reviewed. 9.G. Adoption of Formal Legislative Work Program. The Commission is to consider adopting the formal 1991 Legislative work program as out- lined by Kathy Daley. Kathy Dale¥, representing the City in Tallahassee, explained the changes and additions made to the agenda. Dr. Alperin moved approval of the 1991 Legislative Agenda as presented, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.H. Request ~or Conditional Use Approval and Attendant Site Plan. The Commission is to consider a request for conditional use approval and attendant site plan for a proposed Jiffy Lube vehicle lubrication facility on the outparcel of the WalMart Plaza located on the west side of Military Trail south of Linton Boulevard. Approval is recommended. Mr. Kovacs stated this item was referred back to the P&Z Board in December of 1990, to honor a request by the applicant to look at a proposed redesign and to reconsider the appropriateness of the use. At the meeting on December 17, 1990 the P&Z Board approved both the re- design and the Conditional Use. Saul Weinberger, Director of Del Aire Property Owners Associa- tion, stated whatever happens on this site will impact on the residents' property relative to egress and ingress and is requesting this item be tabled. The Commission concurred that one building will be more attrac- tive than the two. Mr. Kovacs stated if the Commission approves the conditional use and the site plan, this project will be subject to final site plan approval by the Site Plan Review and Appearance Board. Dr. Alperin moved for approval of the conditional use request, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. Dr. Alperin moved for approval of the original site plan, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 9.I. Request for Major Modification. The Commission is to consider a request for a major modification to a conditional use for reconstruc- tion of the Hess Station on Military Trail. Approval is recommended. -19- 1/8/91 Mr. Randolph left the Commission Chambers at this time. Dr. Alperin moved for approval, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph returned to the Commission Chambers at this time. 9.J. Direction Regarding Architect Selection for Fire Station No. 1. The Commission is to consider providing direction regarding architect selection for Fire Station No. 1. Mr. Mouw suggested inviting the two top firms chosen by the Selection Committee for a discussion. Mayor Lynch recommended that the Commission schedule a pre- sentation by the top three firms to look at their ideas on January 22, 1991, after the Stormwater issue, with action to select on January 29, 1991. The Commission concurred. 9.K. CRA'S EmPloyees Participation in City's Health Plan. The Commission' is' Go consider a request to have the City Commission author- ize the Community Redevelopment Agency employees to participate in the City's Health Insurance Plan. Mr. Andrews left the Commission Chambers at this time. Dr. Alperin moved for approval to amend the City's Health Insurance Plan to allow participation by the CRA, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.L. Change Order No. 5. The Commission is to consider Change Order No. 5 for Widell Associates, Inc., for the Water Treatment Plant Expan- sion Project to reduce the contract by the amount of $31,040.51. Approval is recommended. Mr. Andrews returned to the Commission Chambers at this time. Dr. Alperin moved for approval, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.M. Authorization No. 3B with Post, Buckley, Schuh & Jernigan. The Commission is to consider approving Authorization No. 3B for additional services for the Water Treatment Plant Expansion Project in the amount of $29,997.12 which will be paid from liquidated damages assessed Widell Associates, Inc.. Approval is recommended. After considerable discussion, William Greenwood, Director of Environmental Services, stated this negotiation is based on the existing agreement with Post, Buckley, Schuh & Jernigan and, it is his feeling, -20- 1/8/91 this is one of the lowest multipliers (3.0) found in any consulting contract in the tri-county area. Currently, the City is looking for some additional consultants for the Decade of Excellence, plus the public utilities. Dr. Alperin moved for approval of Authorization No. 3B, second- ed by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.N. Authorization No. lC with Post, Buckley, Schuh & Jerniqan. The Commission is to consider approving Authorization No. lC with Post, Buckley, Schuh & Jernigan for professional services in connection with the Miller Storage Tank and Booster Station. The negotiated compensa- tion is $206,804 with funding from the 1990 $8,000,000 line of credit (Account No. 444-5169-536-33.11). Approval is recommended. The City Manager stated the agenda is incorrect in the naming of the funding source. It should be the 1984 Sewer and Bond Issue (Account No. 441-5162-536-XXXX). He also stated he is concerned about structural and engineering services being over 10%. Discussion fol- lowed. Dr. Alperin moved for approval of Authorization No. lC, second- ed by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.0. Appointments to the Code Enforcement Board. The Commission is to consider the appointment of both regular and alternate members to various positions on the Code Enforcement Board. Please refer to the City Manager's memorandum for appointment sequence. Mr. Mouw moved for the appointment of Dominick Sarlo as a General Contractor and a regular member for a term ending January 14, 1994, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for the appointment of Richard L. Raab as a Real Estate person and a regular member for a term ending January 14, 1994, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved for the appointment of John Goodman as a Real Estate person and an alternate member for a term ending January 14, 1994, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved for the appointment of Dick Eckerle as a subcontractor/lay person and a regular member for a term ending January -21- 1/8/91 14, 1944, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch requested that his appointment be deferred until the meeting of January 29, 1991. Mr. Mouw moved for the appointment of Beril Kruger as a business person and an alternate member for a term ending January 14, 1994, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for the appointment of Fred Fetzer as an engineer and alternate member for a term ending January 14, 1994, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved for the appointment of Ronald Rickert, II as an architect and alternate member for a term ending January 14, 1994, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.P. Receipt of Recommendations. The Commission is to acknowledge receipt of recommendations and direction re: Truck parking in Residen- tial Districts. Mayor Lynch commented there seems to be two opinions; one from the Neighborhood Task Force and another from Planning and Zoning. Upon question, Ms. Butler outlined the area affected and explained that this ordinance addresses the weight of one ton or less. Mr. Kovacs stated the main aspect that concerned P&Z was whether of not there should be a hardship provision. The major request was for an ordinance that does not discriminate, but treats all neigh- borhoods in the City alike. Ms. Butler stated the Neighborhood Task Team felt very strongly about the hardship criteria and that there were a number of situations that the Commission needed to look at on a case-by-case basis. It was their hope that the hardship criteria regarding available parking spaces and the primary source of income be treated together. Mayor Lynch expressed the opinion that naming the primary source of income is going to become very burdensome for Code Enforcement to prove. The City Attorney stated he feels the authority to hear this hardship could be given to any one of the boards; however, Code -22- 1/8/91 Enforcement looks at whether or not a violation exists and if a penalty should be imposed. The Commission concurred in directing the City Attorney to draft an ordinance allowing two vehicles per household with a one ton capacity or less maximum in the R-lA Zoning District, with a no hardship clause, to be placed on the agenda for First Reading on January 29, 1991. 9.0. City Attorney's Evaluation. This item was removed from the agenda. 9.R. Provision of Water Service - Country Club Acres. The Commis- sion is to consider and give direction regarding provision of water service to properties in Country Club Acres (Whatley and Jefferson Roads). The City Manager advised this is an area that had contaminated wells and the City received a grant to help install a water system, which has been done. The property owners are reluctant to sign water agreements, as they contain voluntary annexation clauses. Mr. Greenwood stated the State gave a maximum limit of $10,000 per property and they issued the City a purchase order to supply water to the three properties. The City Attorney stated the County had a regulation that individual wells could not be retained when there was a problem with the wells that were within 100 feet of the City services. The owners of those properties stated they would be added onto the City system, if the voluntary annexation portion of the agreement was deleted, and feel they are being forced by the City. Upon question by Mayor Lynch with regard to setting a prece- dent, the City Attorney stated the City Water Service Agreement is the primary mechanism as witness to the parcels being annexed. Mayor Lynch suggested the City be lenient with the property owners and not force them to be annexed until the entire area is an- nexed. Mr. Kovacs stated the only way properties can be annexed unilat- erally is by people volunteering. Mr. Mouw moved that no water be supplied until the standard agreement is signed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 13.A.1. Mr. Mouw stated there is a problem in not being able to see around the corner when coming to the stop street at the corner of Laing Street and A1A. There is another traffic situation at the corner of Lowson Boulevard and Military Trail due to signage and landscaping. Mayor lynch added there is also a problem at the corner of N.E. 3rd Street going in the direction of Federal Highway; it is impossible to see north or south on N.E. 7th Avenue with the six-foot high hedges. -23- 1/8/91 13.A.2. Mr. Randolph expressed his thanks to the City Manager, Mr. Greenwood and other employees that helped to solve the low water pres- sure problem in his neighborhood. 13.A.3. Mr. Andrews stated he was informed of a situation where water service was shut off due to non-payment of a $51 monthly bill, the owner of the property was out of town and the original security deposit of $50 was $1 short of the total amount due. However, in the meantime, the City adopted an ordinance increasing the security deposit to $75. For those persons who neglect to pay their bill on time, the security deposit is doubled, causing this particular water bill to amount to $151. He questioned if it would be possible to review some of these cases where the average monthly water bill is only $35 per month and is rarely overdue, or if it is really necessary to require a $150 security deposit in situations such as this. The City Manager stated he would look into this matter and get back to Mr. Andrews. 13.A.4. Mr. Andrews commented that he is concerned about the length of time it takes to get contracts signed with some of the City consultants. He feels that staff and all those persons coming in contact with the public should put themselves in the position of the person who is signing that contract to see if the request is reasonable or doable. 13.A.5. Mayor Lynch stated, now that the City has an Engineer on board, he would like the agreement with the County regarding signalization to be revoked and control given back to the City. 13.A.6. Mayor Lynch commented that he would like to know the status of the Morikami well agreement with the County. 13.A.7. Mayor Lynch complimented the Police Department on the quick action that was taken to prepare and distribute the brochure with the TIPS number. 13.A.8. Mayor Lynch expressed the hope that at the January 22nd Work- shop, when the Stormwater issue will be discussed, staff would give a presentation and respond to the questions that were brought up at the last regular meeting in order that the Commissioners can be better informed. 13.A.9. Mayor Lynch reiterated his concern relative to complaints received from the public during the last couple of months regarding the non-professional treatment received from City employees. 13.B.1. The City Attorney stated the date of the foreclosure sale of the Laver's property has been scheduled for February 12, 1991, at 11:00 A.M. He spoke with a representative from the Atlanta office today and he indicated there is a possibility that the property will be sold to some other entity, as there are seven or eight that have expressed an interest. The City Attorney's office is looking for direction from the Commission as to how to proceed. It is his opinion that FSLIC will be controlling the property after February 12th. -24- 1/8/91 Mayor Lynch stated he would like this to be placed on a work- shop agenda so any interested persons can attend and alternatives can be discussed. 13.B.2. The City Attorney introduced David Tolces, who was recently appointed Assistant City Attorney. 13.C. The City Manager stated this week he will be distributing the financial report for the first two months of the year. One of the concerns going into the new fiscal year was what the outcome would be with the new sales tax and he reported that 18.5% of the budget has been collected in the first two months. In the prior two years the City had collected 15.4% in 1988/89 and a total of 15.47% in 1989/90, so he feels that it looks favorable. Mayor Lynch declared the meeting adjourned at 11:05 P.M. 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 January 8, 1991, which minutes were formally approved and adopted by the City Commission on ~Q..~}~lJ ~ /~/ · ! , NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -25- 1/8/91