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01-29-91 JANUARY 29, 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 6:05 P.M., Tuesday, January 29, 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 Reverend Ralph Phipps of Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch requested Items 8.B and 8.K be moved to the Regular Agenda as Items 9.A.A. and 9.A.A.A. Mr. Andrews requested Item 8.A. be moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Harden requested Item 9.C. be postponed to a later meeting. Mayor Lynch requested Resolution No. 10-91 be added to Presentations as 7.Bo Mr. Andrews moved approval of the agenda 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 approval of the Regular Meeting minutes of January 8, 1991, and Special Meeting Minutes of December 28, 1990 and January 16, 1991, seconded by Mr. Andrews. 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. 6. Proclamations. A. Mayor Lynch read and presented a proclamation proclaiming the Delray Rocks to be "Champions Among Champions and Ambassadors of Good Will and Sportsmanship for The City of Delray Beach, Florida." Bennie Leonard, Head Coach of the Delray Rocks, thanked the Mayor and Commission for their support and introduced the cheerleader who had won the equivalent of a MVP Trophy for being the most spirited. 7. Presentations. A. Sunshine Tennis Cup Association. Claudio Colucci, resident, stated 64 nations participated in the tournament, along with every continent except Antarctica. There were about 100 volunteers from the City of Delray Beach. The tourna- ment was a big success and there have been many good reports to date. Mayor Lynch recommended Mr. Colucci confer with the City Manager in order to get a March workshop date for details on the Decem- ber 1991 Sunshine Cup Tournament. B. Resolution No. 10-91. Resolution No. 10-91, supporting and recognizing the members of the U.S. Armed Forces participating in Operation Desert Storm in the Persian Gulf, is before the Commission for consideration. The caption of Resolution No. 10-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING AND RECOGNIZING MEMBERS OF THE U.S. ARMED FORCES PARTICIPATING IN OPERATION DESERT STORM IN THE PERSIAN GULF. (Copy of Resolution No. 10-91 is on file in the official Resolution Book) Mayor Lynch read Resolution No. 10-91 in its entirety. Mayor Lynch stated Mrs. Fleishman, Mrs. Silver and Mr. Brown would like to see the City of Delray Beach take an active role in support of the troops in the Persian Gulf. Therefore, a rally will take place at 12:00 noon, on February 16, 1991 at Veteran's Park and a Motorcade Parade will take place on February 17, 1991 at 2:00 P.M. to show support for the soldiers and their families. Dr. Alperin moved for the adoption of Resolution No. 10-91, 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. Mrs. Fleishman, resident, thanked the Mayor, Commission and residents of Delray Beach for their support and asked everyone to remind their neighbors, relatives, etc. that this is Delray Beach"s "Footprints in the Sand." Consent Agenda 8.C. Acceptance of Lift Station No. 34C. The Commission is to consider accepting ownership, operation, and maintenance responsibility for Lift Station No. 34C located at Dan Burns Oldsmobile Acres. Approv- al is recommended. -2- 1/29/91 8.D. Acceptance of Easement Deed. The Commission is to consider accepting an easement deed from the owners of property located at 3333 S. Dixie Highway necessary for the installation of the Boca-Delray water main interconnection project; and approve installation of City Water services to this property as compensation for the executed easement deed. Approval is recommended. 8.E. Acceptance of Easement Deed. The Commission is to consider acceptance of an easement deed from the owners of property located at 3317 S. Dixie Highway necessary for the installation of the Boca-Delray water main interconnection project. Approval is recommended. 8.F. Acceptance of Easement Deed. The Commission is to consider acceptance of an easement deed from the owners of property located at 3327 S. Dixie Highway necessary for the installation of the Boca-Delray water main interconnection project. Approval is recommended. 8.G. Water Service Agreement. The Commission is to consider approv- al of a water service agreement between the City and Delray Beach Medical Center located at 4665 W. Atlantic Avenue. Approval is recom- mended. 8.H. Acceptance of Grant Funding. The Commission is to consider acceptance of a grant funding from the Solid Waste Authority in the amount of $57,913.37 for Year III of our recycling program. Approval is recommended. 8.I. Waiver of Processing Fees. The Commission is to consider the approval of a request from the Drug Abuse Foundation for a waiver of conditional use modification and site plan fees for the proposed Oak Square development. Approval is recommended. 8.J. Waiver of Plan Amendment Processing Fees. The Commission is to waive Comprehensive Plan amendment fees for private petitions included in Amendment 91-1 to the Comprehensive Plan. Approval is recommended. 8.L. Request for Final Payment - Gateway Construction Company. The Commission is to approve a request for final payment from Gateway Construction Company, for completion of the Rehabilitation of Storm Drains Project {Hyacinth Drive, Poinsettia Road, and Cypress Drive), in the amount of $15,331 with funding from Streets and Sidewalk (Account No. 001-2911-519-60.63). Approval is recommended. 8.M. Request for Final Payment - Community Asphalt Corp. The Commission is to approve a request for final payment from Community Asphalt Corp., for completion of the bike path on the west side of Homewood Boulevard from Linton Boulevard to Atlantic Avenue, in the amount of $20,387,84 with funding from Capital Outlay Resurfacing (Account No. 334-3162-541-60.53). Approval is recommended. 8.N. Request for Final Payment - Widell Associates, Inc. The Commission is to approve a request for final payment from Widell Associ- ates, Inc., for the completion of the Water Treatment Plant Expansion, in the amount of $209,983.59 with funding from 1984 Water and Sewer -3- 1/29/91 Revenue Bond-Water Treatment Plant Clarifier (Account No. 441-5162-536-60.76). Approval is recommended. 8.0. Resolution No. 3-91. Resolution No. 3-91, assessing costs for abatement action required to board up an unsafe structure at 521 S.W. 9th Street, is before the Commission for consideration. The caption of Resolution No. 3-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO. ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 3-91 is on file in the official Resolu- tion Book) 8.P. Resolution 4-91. Resolution 4-91, assessing costs for abate- ment action required to demolish an unsafe structure at 712 Lake Ida Road, is before the Commission for consideration. The caption of Resolution No. 4-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 4-91 is on file in the official Resolu- tion Book) 8.Q. Resolution No. 5-91. Resolution No. 5-91, assessing costs for abatement action required to board up an unsafe structure at 718 S.W. 4th Avenue, is before the Commission for consideration. The caption of Resolution No. 5-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF -4- 1/29/91 ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 5-91 is on file in the official Resolu- tion Book) 8.R. Resolution No. 6-91. Resolution No. 6-91, assessing costs for abatement action required to prepare an unsafe structure at 1010 S.W. 7th Avenue for demolition, is before the Commission for consideration. The caption of Resolution No. 6-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT .PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 6-91 is on file in the official Resolu- tion Book) 8.S. Resolution No. 7-91. Resolution No. 7-91, assessing costs for abatement action required to demolish an unsafe structure at 110 S.W. 12th Avenue, is before the Commission for consideration. The caption of Resolution No. 7-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. -5- 1/29/91 (Copy of Resolution No. 7-91 is on file in the official Resolu- tion Book) 8.T. Resolution No. 8-91. Resolution No. 8-91, assessing costs for abatement action required to remove nuisances on 45 properties through- out the City, is before the Commission for consideration. The caption of Resolution No. 8-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH 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 ASSESS- MENTS. (Copy of Resolution No. 8-91 is on file in the official Resolu- tion Book) 8.U. Resolution No. 9-91/Railroad Reimbursement Agreement. Resolu- tion No. 9-91, considering a railroad reimbursement agreement and adopting Resolution No. 9-91 for the maintenance of the S.W. 10th Street crossing, is before the Commission for consideration. Annual estimated cost of this agreement is $480. Funding is available from General Fund Balance. The caption of Resolution No. 9-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 9-91 is on file in the official Resolu- tion Book) 8.V. License Agreement. The Commission is to consider approval of a license agreement with Sanitaire, in the amount of $52,896, for use of their patented system of cleaning air diffusers at the South Central Regional Wastewater Treatment and Disposal Plant. Funding is available in SCRWTD-Buildings (Account No. 444-5165-536-60.31). Approval is recommended. 8.W. Award of Bids and Contracts. -6- 1/29/91 1. Annual Liquid Chlorine and Sodium Hypochlorite contract - Water Treatment Plant - Jones Chemicals (Liquid Chlorine) in the approximate amount of $31,075 and Allied Universal (Sodium Hypochlorite) in the approximate amount of $84,600 with funding from Water Treatment Division Chemicals (Account No. 441-5122-536-35.18). Account balance $362,965.91. Approval is recommended. 2. Remedial WTP Hurricane Protection - Water Treatment Plant - James Po Moran, Inc.~ in the amount of $61,042 with funding from $8 Million Line of Credit (Account No. 444-5164-536-60.31) to be reimbursed from 1991 Water and Sewer Revenue Bond. Account balance $234,925. Approval is recommended. 3. Purchase of Replacement Vehicles via Florida State and Collier County contracts - Vehicle Maintenance Division - Multiple Vendors in the amount of $415,448.62 with funding from various Department's Automotive line items. Dr. Alperin moved approval of the Consent Agenda as amended, seconded by Mr. Andrews. 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. REGULAR AGENDA 9.A.A. (Item 8.B.) Landscape Agreement. The Commission is to consider approving an agreement between the City and the Delray Beach Housing Authority, for the expenditure of allocated Fiscal Year 1989/90 funds in the amount of $20,000 to be used to provide landscaping for Carver Estates. Approval is recommended. Mayor Lynch requested the Commission review the budget for the Housing Authority. In reply to Mr. Andrews, Nancy Davila, City Horticulturist, stated she had reviewed the plans. Dr. Alperin moved approval of the Landscape Agreement, 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.A.A.A.A.(Item 8.A.) Agreement With Palm Beach County School Board. The Commission is to consider approving an agreement between the City and Palm Beach County School Board for the installation of a traffic signal at Pine Grove Elementary School to be located at the intersection of S.W. 4th Avenue and S.W. 10th Street. Approval is recommended. With regard to expanding the road at 10th Street, Mr. Andrews questioned where the funding will be coming from, why the School Board is not splitting expenses with the City, and why the County is not in- volved. -7- 1/29/91 The City Manager stated the County is involved and that the School Board has given the City 15 feet. Mr. Mouw recommended getting the project ready, getting the bid and doing the actual work in the summer so it will not interfere with the school traffic. Mr. Andrews moved approval of the agreement with Palm Beach County School Board, seconded by Mr. Mouw. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period of January 4 through 28, 1991. Dr. Alperin moved approval of the Site Plan and Appearance Board actions, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin stated he feels this is a policy decision. Mayor Lynch questioned if this could be discussed at a Special Meeting. Dr. Alperin moved appeal of Pineapple Cottage discussion to a Special Meeting to be held February 5, 1991, 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. 9.B. Appeal of Planning and Zoning Board Action. The Commission is to consider a request for appeal of a Planning and Zoning Board action denying the Master Plan Modification for the Delray Park of Commerce. David Froikin, 1300 Park of Commerce Blvd., Delray, stated the Delray Park of Commerce is designated as Office; he would like to have it redesignated as Industrial. Mayor Lynch recommended Mr. Froikin take this back to Planning and Zoning before coming before the Commission. Mr. Mouw moved to have this item brought back before Planning and Zoning, to follow the process, and to be discussed as expeditiously as possible, 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. 9.C. Reconsideration of Request for Relief. The Commission is to reconsider a request for relief of development requirements for street -8- 1/29/91 and sidewalk construction on Miami Boulevard in the Silver Terrace Subdivision. This item was postponed until the Regular Meeting of February 12, 1991. 9.D. Request for Funding.. The Commission is to consider a request for funding in the form a of a $74,750 loan and $24,000 grant from the Morikami, Inc. in order to facilitate the move and re-erection of the Sundy Feed Store. Funding is available in General Fund Contingency Account. Mayor Lynch stated the money is allocated but will not be received in time, therefore a loan is being requested from the City. Pat Healey-Golembe, 2000 S. Ocean Blvd, stated she would appreciate support to get this project in process. Matt Gracey, Jr., 1109 Harbor Drive, stated this is a very worthwhile cause. Larry Rosensweig, 1003 Seagate Drive, stated the Feed Store is to be an agricultural museum and answered questions with regard to the money in question. Mr. Mouw moved approval for $98,750 subject to the negotiation of a satisfactory, interest free note and approval of the City Manager as to repayment terms and time, with no funding taking place until the note is in place and the project to be expedited immediately thereupon, 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. PUBLIC HEARINGS At this point, the time being 7:10 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Request for Waiver of City Code Requirements. The Commission is to consider a request from the property owners at 112 N.E. 1st Avenue to waive City Code provisions which require paving of an adjacent alleyway and landscape curbing improvements as part of the development of a professional office use known as "Pineapple Cottage". Approval is recommended. Prior to consideration, a Public Hearing has been sched- uled to be held at this time. Mayor Lynch stated this issue should be put in a workshop environment where the issue can be discussed and brought back for a vote. Mayor Lynch stated this item would be postponed until February 5, 1991 at 6:00 P.M. and will be the first item on the agenda. Mr. Andrews stated he would like to see a site plan as he has concerns about backing out in the alleyway. -9- 1/29/91 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 to postpone consideration of the request for waiver until February 5, 1991, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 10.B. Request for Waiver of the Sign Code. The Commission is to consider a request from Delray Bait and Tackle to permit a 45 square foot sign within a mural border of 315 square feet. Prior to considera- tion of this request, a public hearing has been scheduled to be held at this time. Tim Becker, owner of Delray Bait and Tackle, stated he has his sign in accordance with the rules and would like to keep the mural. Mayor Lynch stated the Commission is not opposed to the mural, but wanted to verify accordance with the sign ordinance. William Wilshire, Chairman of the Site Plan Review and Appear- ance Board, recommended keeping the mural with the sign portion in the corner and reducing the mural, or eliminating the sign portion and keeping the mural as is. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to postpone a decision until the City Ordin- ances are drawn, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C. Ordinance No. 1-91. Ordinance No. 1-91, amending Chapter 4, "Zoning Regulations", of the Land Development Regulations by decreasing the rear yard setback in the the Neighborhood Commercial (NC) Zoning District, 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. 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), -10- 1/29/91 "DEVELOPMENT STANDARDS MATRIX", OF THE LAND DEVELOP- MENT 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. (Copy of Ordinance No. 1-91 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. Dr. Alperin stated he would like this changed to include all areas abutting residential areas. David Kovacs, Planning Director, stated this will be reviewed and brought back before the Commission. Mr. Randolph moved for the adoption of Ordinance No. 1-91, as amended, on Second and FINAL Reading, with the change being from 24' to 10' on the height, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.D. 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 single use from 20,000 sq. ft. to 60,000 sq. ft. with the Planned Commercial Small Scale (PC-S) Zoning District, 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 sched- uled to be held at this time. 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. -11- 1/29/91 (Copy of Ordinance No. 3-91 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. Robert Basehart, representing Urban Design Studio, stated this item was thoroughly discussed at a workshop and if the Commission or public has no comment or concern it need not be discussed again. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 3-91 on Second and FINAL 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. 9.A.A.A. (Item 8.K.) Final Plat Approval and Waiver Request. The Commission is to approve a final plat for a boundary line adjustment to the plat for Rebecca's Landing and approve a request for waiver of sidewalk installation requirements. Approval is recommended. As the applicant was not present, the Mayor requested this item be postponed to the next Regular Meeting of February 12, 1991. Mr. Andrews moved to postpone this item until the next Regular Meeting, 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. Mr. Andrews moved to reconsider the earlier motion to amend the agenda and postpone this issue, 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. Kovacs presented an overall review of this issue and presented the following options: (1) To approve the dock and see what happens in the future; (2) To remove the dock or a substantial portion of the existing dock on Lot 1; or (3) Lot 1 cannot utilize the dock area. Robert Corbit, representing Carver Villas, stated that in order to bring a boat in, there is a need to swing around and then head west to dock the boats. Backing out would be the same situation. Mr. Corbit stated he has no objection to a dock running south, as long it is on the easterly end of Lot I. -12- 1/29/91 Mayor Lynch suggested that both sides try to resolve this problem amicably. The public hearing was closed. Mr. Andrews moved approval of the plat with direction for Mayor Lynch not to sign until such time as the dockage issue is re- solved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.E. 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 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. 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 REGULATIONS 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. (Copy of Ordinance No. 4-91 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. Frank Kriedler, Attorney representing Mr. Ellis, the owner of the property, stated he sees no reason why the conditional uses cannot be allowed in the MIC Zone. In reply to Mr. Andrews, Mr. Kriedler stated the area would be in compliance with the City codes in order to be entitled to the con- ditional use encompassing the additional 90 feet. -13- 1/29/91 The public hearing was closed. Mr. Mouw moved for the adoption of Ordinance No. 4-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Andrews stated the amount of land available in the City to create Industrial uses and jobs is at a minimum and this is not a job creating ordinance. Dr. Alperin stated that once all these conditions are used under the Conditional Uses, the improvement of that property will be in question for the future, and it is not likely that the City will see the kind of investment for Industrial Use in that area. Mr. Kovacs stated Planning and Zoning considered all the issues and on a 6 to 1 vote the recommendation was for approval. Mr. Mouw stated this property will be market driven, and when sufficient Industrial development comes into the City this property would be a prime piece of land. Mr. Randolph stated it is time to open some of these areas in order to bring good industry to Delray. At this point the roll was called to the motion. 10.F. 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, approve subject to conditions, or deny a building permit, 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. 2-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINIS- TRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCE- DURES'', 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 -14- 1/29/91 ITEMS LISTED; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-91 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. Mayor Lynch stated he would like to delete duplex dwellings from this ordinance, have the Planning Director develop tighter restric- tions and present them to the Commission. Mr. Mouw moved for the adoption of Ordinance No. 2-91 on Second and FINAL Reading, deleting the words duplex dwellings, seconded by Mr. Andrews. 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. 5-91. Ordinance No. 5-91, amending Title 3, "Administration", Chapter 30, "City Commission" of the Code of Ordinances by amending Section 30.15 "Waivers of City Ordinance", 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 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. 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. (Copy of Ordinance No. 5-91 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. Andrews moved for the adoption of Ordinance No. 5-91, on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the -15- 1/29/91 Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.H. Ordinance No. 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 Contractual Services" to provide certain criteria to make the purchasing process more effective and efficient, 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 sched- uled to be held at this time. 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'', 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 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. (Copy of Ordinance No. 6-91 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. 6-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. PUBLIC COMMENT -16- 1/29/91 ll.A.1. Alex Williger, Pines of Delray North, stated Delray Beach is the only City that he is aware of that has created a user's fee for the 911 Paramedics and feels it is unfair. Mayor Lynch stated he would look into this matter. ll.A.2. Arthur Jackel, Chairman of the United Property Owners, ques- tioned how and when the replacement for the new Chief of Police would be done. Mayor Lynch stated, as to his understanding, there was no promise of a National Search being made at this time. Mr. Jackel stated burglaries and increase in crime should be a top priority in Delray Beach. ll.A.3. Leon Smith, Country Club Acres, stated some of the residents in this area have contaminated wells and are also being coerced into annex- ation, which he would like the City to reconsider. Mayor Lynch requested the City Manager to reevaluate this issue, especially the fees for connection, where this is going for the future, and respond back to Mr. Smith. ll.A.4. Michael McClure, Country Club Acres, stated he does not want water or annexation. FIRST READINGS 12.A. Ordinance No. 8-91. Ordinance No. 8-91, amending the Code of Ordinances to provide that the definition of "Non-assessed Property" shall include tax-exempt property; to provide for a discount for proper- ties located within the Lake Worth Drainage District and those proper- ties serviced by private street drainage systems where the City does not provide maintenance; to provide for an adjustment for non-residential properties not located within the Lake Worth Drainage District with private drainage systems on site, is before the Con~ission for consider- ation on First Reading. If passed, Public Hearing will be held February 12, 1991. The City Manager presented Ordinance No. 8-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 56.04, "DEFINITIONS", TO PROVIDE THAT THE DEFINITION OF "NON-ASSESSED PROPERTY" SHALL INCLUDE TAX-EXEMPT PROPERTY; BY AMENDING SECTION 56.15, "IMPOSITION OF STORMWATER MANAGEMENT ASSESSMENT, CLASSIFICATION AND CRITERIA", SUBSECTION (B), TO INDICATE THE AVAIABILITY OF DISCOUNTS; BY REPEALING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION (D) AND ENACTING A -17- 1/29/91 NEW SUBSECTION (D), TO PROVIDE FOR A DISCOUNT FOR PROPERTIES LOCATED WITHIN THE LAKE WORTH DRAINAGE DISTRICT AND TO PROVIDE FOR A DISCOUNT FOR PROPERTIES SERVED BY PRIVATE STREET DRAINAGE SYSTEMS WHERE THE CITY DOES NOT PROVIDE MAINTENANCE; BY AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGE- MENT ASSESSMENTS", BY ENACTING A NEW SUBSECTION (E), TO PROVIDE FOR THE BASIS OF THE DETERMINATION OF IMPERVIOUS AND TOTAL AREAS OF A PARCEL; BY AMENDING SECTION 56.17, "ADJUSTMENTS OF STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION (A) BY ENACTING A NEW SUB- PARAGRAPH 6, TO PROVIDE FOR AN ADJUSTMENT FOR NON-RESIDENTIAL PROPERTIES NOT LOCATED WITHIN THE LAKE WORTH DRAINAGE DISTRICT WITH PRIVATE DRAINAGE SYSTEMS ON SITE; 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 Manager stated all the concerns and options that were discussed at the workshop were incorporated into this ordinance. If the Commission requests a further amendment to the ordinance it can be done and brought back for a First Reading on February 12, 1991. Mr. Mouw recommended staff be directed to exclude churches and church owned properties in the City of Delray Beach. Dr. Alperin stated his objections to excluding churches. Mr. Andrews stated there should be no credits anywhere. Mr. Randolph stated paying for the Stormwater charge is the obligation of a resident in the City and the parishioners should not have to pay for the churches on top of their own fees. Mayor Lynch stated this is the first time the City has taken a pro-active approach to an issue that is going to become mandatory in law. He further stated there should be consideration given to new construction, which is built into the ordinance, and feels discounts should be given for developments that are paying the Lake Worth Drainage District, as well as for those who have their own system. He feels that if, at some point, those residents want the City to look at their system and possibly take it over, they would lose their discount. He also feels churches, municipal buildings, and school buildings should receive a discount as they are either tax supported throughout the system or donation supported. Before a decision was made, the public was allowed to speak. Arthur Jackel, Chairman of the United Property Owners, stated the residents would like to see as small a fee as possible and that every sector of the City be treated fairly. -18- 1/29/91 Helen Coopersmith, High Point, stated there is taxation without representation. Nancy Siegel Olmstead, 947 Jasmine Drive, stated there has not been any definite plan as to how each resident is going to be assessed and it should be reviewed. Jack Kellerman, President, High Point Community Action Commit- tee, stated High Point residents are strongly opposed to being treated differently than the rest of the taxpayers in Delray Beach, and they should expect the same understanding that they have extended. Reverend Orr, St. Paul A.M.E. Church, stated his concern is the constitutionality of this tax and that his hope is the Commission will reconsider any taxes on churches. Richard Eckerle, 382 SW 27th Avenue, stated homeowners should be considered the same as condominiums. Sanford Fischer, Board of Directors of Rainberry Bay, stated all Delray residents should pay an equal and fair tax. Mr. Fischer feels the most equitable way would be for the City to take over all the drainage systems and be responsible for them. Michael McClure, Pastor of West Park Baptist Church, 4004 Lake Ida Road, stated the discount and the money is not the point; once the door is opened for property tax where will it stop. Jean Beer, 945 Tropic Blvd., stated the more you try to be fair the more complicated it becomes. Dr. Alperin stated this is a user fee, the storm sewer system is to drain the property, it is not another tax. Mayor Lynch stated direction has to be given to staff in order for changes to made for February 12, 1991. It was the consensus of the Commission to approve the follow- ing: (1) The new proposal on multiple family dwellings; (2) To give a maximum of 50% credit for new construction providing they have a functioning system; (3) To give a 25% discount for the Lake Worth Drainage System; (4) If the internal system is now maintained by the individual and the intent to acquire by the City comes about, staff will evaluate the system to insure it is up to code and the 25% discount would be terminated; and, (5) To exempt religious institutions from the fee. -19- 1/29/91 No vote was taken on this issue. It was the consensus of the Commission to revise Ordinance 8-91 accordingly and bring it back at the Regular Meeting of February 12, 1991. Resolution No. 118-90 and the Stormwater Assessment roll will also be discussed at that time. 12.A.1. Resolution No. 118-90. Resolution No. 118-90, establishing a budget for the Stormwater Utility System; establishing rates for Stormwater management assessments for each parcel within the benefitted area; and authorizing, upon adoption, for the City to bill and collect Stormwater Management Assessments, is before the Commission for consid- eration. The caption of Resolution No. 118-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGE- MENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH ORDINANCES NO. 21-90 AND 49-90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING THAT UPON ADOPTION OF THIS RESOLUTION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL, THE CITY IS AUTHORIZED TO BILL AND COLLECT STORMWATER MANAGEMENT ASSESSMENTS. 12.A.2. Stormwater Assessment Roll. The Commission is to ratify, confirm, certify and adopt the Stormwater Assessment Roll as being correct, proper, and in conformity with the Resolution setting forth the budget rates. 12.B. Ordinance No. 9-91. Ordinance No. 9-91, amending the land Development Regulations, by enacting a new subsection "Trucks", to provide for restrictions on truck parking in the Residential (R-lA) Zoning Districts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 12, 1991. The City Manager presented Ordinance No. 9-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", SUBSECTION 4.6.13 (B), "PERMISSIBLE PARK- ING'', OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUB-SUBSECTION 4.6.13 (B) (1), "TRUCKS" AND ENACTING A NEW SUB-SUBSECTION 4.6.13 (B) (1), TRUCKS", TO PROVIDE FOR THE PROHIBITION OF PARKING TRUCKS EXCEEDING ONE-TON RATED CAPACITY IN R1-A RESIDENTIAL ZONING DISTRICTS; TO PROVIDE FOR THE PROHIBITION OF PARKING TRUCKS EXCEEDING 3/4 TON CAPACITY IN ALL -20- 1/29/91 RESIDENTIAL ZONING DISTRICTS OTHER THAN Ri-A; TO PROVIDE FOR A MAXIMUM OF TWO ONE TON TRUCKS PER RESIDENTIAL LOT IN ALL RESIDENTIAL ZONING DISTRICTS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 9-91 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 12.C. Ordinance No. 10-91. Ordinance No. 10-91, amending Section 118.27 "Fees" of the Code of Ordinances by repealing Subsections (A) and (C) in their entirety; and by designating the remaining subsections in proper alphabetical order, is before the Commission for consideration on First Reading. If passed Public Hearing will be held on February 12, 1991. The City Manager presented Ordinance No. 10-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS REGULATIONS", CHAPTER 118, "SOLICITORS AND PEDDLERS", SECTION 118.17, "FEES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTIONS (A) AND (C) IN THEIR ENTIRETY, AND BY DESIGNATING THE REMAINING SUBSECTIONS IN PROPER ALPHABETICAL ORDER, PROVIDING A SAVING CLAUSE; PROVID- ING A REPEALER CLAUSE, PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews moved for the adoption of Ordinance No. 10-91 on First Reading, 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. 12.D. Ordinance No. 11-91. Ordinance No. 11-91, amending the Code of Ordinances by amending Title 3 to provide that the publication of the terms and conditions of purchase of property shall not be necessary in the event the City has authorized the use of its eminent domain powers, is before the Commission for consideration on First Reading. Funding is available in the General Fund Contingency Account. If passed, Public Hearing will be held on February 12, 1991. The City Manager presented Ordinance No. 11-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, -21- 1/29/91 "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.04, "ACQUISITION OF REAL PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE THAT THE PUBLICATION OF THE TERMS AND CONDITIONS OF THE PURCHASE OF PROPERTY SHALL NOT BE NECESSARY IN THE EVENT THE CITY HAS AUTHORIZED THE USE OF ITS EMINENT DOMAIN POWERS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 11-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.E. Request to Hold Carnival. The Commission is to consider a request from the Community Missionary Baptist Church to hold a carnival from February 27th through March 3rd on vacant lots adjacent their church on S.W. 5th Avenue. Lula Butler, Director of Community Development, stated the Commission has previously approved such requests in prior years, subject to meeting all the specified requirements. Upon question, Ms. Butler stated staff is recommending a time limit of 10:00 P.M. Dr. Alperin moved for approval of the request from Community Missionary Baptist Church to hold a carnival from February 27th through March 3rd with a closing time of 10:00 P.M., 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. 9.F. Selection of an Architect. The Commission is to consider ranking the top three architectural firms and authorizing staff to negotiate with the firm ranked number one for a contract for architec- tural services for the Fire Station No. 1 project. Mr. Mouw stated, for the record, he would be abstaining due to a conflict of interest. Discussion followed. Mr. Andrews moved to approve that staff negotiate first with Currie, Schneider Associates and that failure to reach an agreement would result in choosing the second firm of Robert Walters Architects, subject to a size of 29,000 square feet, a budget of $2,621,000 and a time frame of 18 months, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. (Mr. Mouw abstained). -22- 1/29/91 9.G. Historic Preservation Design Guidelines Manual. The Commission is to consider formally adopting the Historic Preservation Design Guidelines Manual. Approval is recommended. Mr. Andrews moved for approval of the Historic Preservation Design Guidelines Manual, 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.H. Designation as Historic Landmark. The Commission is to consid- er a report from the Historic Preservation Board recommending the designation of the Colony Hotel as an historic site and, if appropriate, direct staff to prepare an ordinance for formal ratification. Approval is recommended. Mr. Andrews moved for approval of designating the Colony Hotel as an historic site, seconded by Mr. Randolph. Upon question by Mr. Andrews as to why the site is being approved as opposed to the building, he was advised the recommendation was for the building and not the site. Mr. Andrews withdrew his motion, Mr. Randolph withdrew his second. Mr. Andrews moved for approval of designating the Colony Hotel and the annex to the north as an historic building, seconded by Mr. Randolph. Upon roll call the Commission voted as ~ollows: 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.I. Designation as Historic Landmark. The Commission is to consid- er a report from the Historic Preservation Board recommending the designation of the Flamingo Service Station as an historic site and, if appropriate, direct staff to prepare an ordinance for formal ratifica- tion. Approval is recommended. Mayor Lynch stated that the owner of the Flamingo Service Station is not in support of being designated as an historic landmark. Mr. Andrews moved for denial of the designation of the Flamingo Service Station as an historic landmark, 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.J. Pay for Reservists on Active Duty. The Commission is to consider extending the pay and benefits for City employees who are reservists recalled to active duty due to the Desert Storm crisis. Dr. Alperin moved for approval, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -23- 1/29/91 9.K. Amendment to the Golf Course Agreement. The Commission is to consider an amendment to the agreement between the City and Dubin and Associates, Inc., which reduces the amount of liability insurance from $5 million to $1 million. Approval is recommended. The Commission concurred to postpone this amendment until the Regular Commission meeting of February 12, 1991, to allow the City Attorney's office and Lee Graham, Manager of Risk Management, to deter- mine what is most appropriate. 9.L. Service Authorization No. 15A. The Commission is to consider Service Authorization No. 15A, in the amount of $20,400, to the contract between the City and Post, Buckley, Schuh and Jernigan, Inc., for a Hydraulic Analysis and Feasibility Study for modification of the eastern wastewater pumping and transmission station (Veterans Park). Funding is available in the 1990 Note Construction Fund - Master Lift Station (Account No. 444-5166-536-33.11). Approval is recommended. Dr. Alperin moved for approval of Service Authorization No. 15A in the amount of $20,400, 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. 9.M. Change Order No. 1. The Commission is to consider Change Order No. 1 to the contract between the City and A.O.B. Underground, Inc. in the amount of $15,040 for installing four (4) conflict boxes between drainage and sanitary lateral services and seven (7) sewer lateral conflicts; incidental road and sidewalk repair; and consider a four day time extension. Funding is available in 1987 Utility Tax - Rainbow Homes (Account No. 333-3616-541-61.13). Mark Gabriel, City Engineer, stated this Change Order No. 1 is for some unknown conditions. There was an existing sanitary sewer and water in the area and the City installed a storm sewer system. However, records for that area were mostly nonexistent and the conflicts were not discovered until such time as the contractor commenced excavation. Mr. Andrews moved for approval of Change Order No. 1. to the contract between the City and A.O.B. Underground, Inc., in the amount of $15,040, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 9.N. Allocation of Funding - Fire Station No. 2. The Commission is to consider allocating funding, in the amount of $24,600 to finish the elevator component of Fire Station No. 2, from the 1989 Note Construc- tion Fund Contingency Account. Approval is recommended. Upon question by Mr. Mouw, Kerry Koen, Fire Chief, stated when the Commission considered the options, it was his understanding that they would allow the Fire Department the ability to add the elevator at some point in the future. Since that time, another approach has been taken with this project by pursuing another price with the elevator -24- 1/29/91 vendor, who is providing it at this low price and he feels it is more practical to install it now before the building is finalized. It is helpful from a service perspective in addition to making it an attrac- tive feature in the event the building should be used by the public at some future time. Dr. Alperin moved for denial to fund the elevator installation, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph - No; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. 9.0. Appointment of A Member to The Code Enforcement Board. The Commission is to consider the Mayor's appointment of a member to the vacant subcontractor's position on the Code Enforcement Board. Deferred from 1/8/91 regular meeting. Dr. Alperin moved for no appointment and enter into a theory of reducing the number of alternates with a reduction gradually by attri- tion, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.P. Appointment of a member to The South Central Regional Waste- water Treatment and Disposal Board. The Commission is to consider appointing a member of the Community to the SCRWTD Board and, if appro- priate, establishing the length of term of service for such appointment. Dr. Alperin requested that this appointment be advertised. Mayor Lynch suggested that the term be extended to coincide with the Commission term of office of April, 1992, since it is a joint board. The Commission concurred. 13. Comments and Inquiries on Non-Agenda Items: 13.A.1. Dr. Alperin stated the members of the P&Z Board should be recognized and commended for their time, effort and dedication. This was very evident at the Public Hearing he attended last night for future projects and needs within the City for infrastructure, particularly. Mayor Lynch requested, on behalf of the Commission, that Mr. Kovacs please convey their appreciation. Dr. Alperin suggested that the Commission give direction to staff to find some answers regarding potential projects and problems confronting the City so they can be prepared to respond to these people as quickly as possible. 13.A.2. Mr. Andrews stated there was a comment concerning crime in the City. He requested that the Commission be supplied with a quarterly crime report that would include a simple map showing the locations. 13.A.3. Mr. Andrews suggested that the Commission have an opportunity to make comments following Workshop meetings. The Commission agreed. -25- 1/29/91 13.A.4. Mr. Andrews stated he feels there is a problem in showing dollar amounts in paragraphs and would like to see line items in order to expedite the result of how each item is affected. 13.A.5. Mr. Andrews stated he feels a specific request should be submitted to the County and the MPO regarding Swinton Avenue and 10th Street proposing that the County take over 10th Street, maybe even fast track the building of 10th Street and the City could pledge Bond money in the four-laning. He has also heard comments regarding the housing on 10th Avenue that may be affected. In order to maintain a cost effective system to deal with this, he would like to see a map as soon as possible indicating every lot in the City that we have an interest in. He would also like an idea of what the City's interest is in those lots. 13.A.6. Mayor Lynch stated this coming Thursday night will be the last meeting of the Neighborhood Task Force and requested that everyone be present to thank those persons who have contributed many hours on behalf of the City. 13.A.7. Mayor Lynch thanked the City Manager for requesting that Mr. Gabriel attend the Sewer Board meetings. 13.A.8. Mayor Lynch commented he hopes the City will continue to pursue the signalization situation in the City, even though he is aware there is a County contract. 13.A.9. Mayor Lynch stated residents have telephoned him expressing their concern regarding an increase in their Cable TV. Upon question, the City Manager responded that the City is locked into an agreement with the cable company until the 15 year franchise expires, regardless of how much the rates increase. 13.A.10. Mayor Lynch stated he is concerned with regard to the response time for fire protection in the Del-Aire area. He hopes this can be addressed soon and an answer provided for these residents. 13.A.11. Mr. Mouw questioned if the City has a timetable or an agenda explaining when these various projects are coming on line or the status of each at all times. The City Manager stated he submitted a status report to the Commission on December 1, 1990 and another will be pre- pared as of February 1, 1991. 13.A.12. Mr. Randolph thanked the City Manager for his appearance at the Voters League reception. The residents have expressed their apprecia- tion for the responses that are provided by their City Manager. 13.A.13. Mr. Randolph stated the water pressure at his house is great. 13.B. There were no comments and inquiries on Non-Agenda items from the City Attorney. 13.C.1. The City Manager stated, with regard to Fire Station #5 which serves the Del-Aire area, staff members met to discuss several sites near the Blood's Grove property southeast of the intersection of Linton Boulevard and Military Trail. Hopefully, if a site can be attained, the -26- 1/29/91 City will try to have a temporary facility in operation by the first of the year. 13.C.2. The City Manager stated he is pleased to announce the FIND Grant has been received for the seawall at Veterans Park. 13.C.3. The City Manager stated that several of the Commissioners mentioned intersections with visibility problems. Those problems should be resolved by the end of the week, as indicated by Code Enforcement. Mayor Lynch suggested that the Police Department be requested to watch for areas that look as though they could become potential visibility hazards. Mayor Lynch declared the meeting adjourned at 11:15 P.M. ATTE S T: 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 29, 1991, which minutes were formally approved and adopted by the City Commission on ~J~fJ_O/~/ /o?i /~/ 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. -27- 1/29/91 1-ORM 8B MEMORANDUM VOTING CONFLICT FOR " COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS laST NAME--FIRST NAME--MII)DLE NAME NAME OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMITTEE ~MAIL. ING .M)DRESS THE BOA~), C=OUNCII., COMMISSION, A~THORI~'. ~R COMMITTEE ON - , ' - ' /' ('()UNri'~ WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members or' advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before.completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA.STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUSI ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINIED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but- must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL' BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I If,r\l ~1~ 111-86 PaGe IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: . · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible.for recording the minutes of the meeting, wh6 should incorporate the form in the. minutes. DISCLOSURE OF STATE OFFICER'S INTEREST I ....... . - v :'~ , hereby disclose that on , 19 ~/: (a) A measure came or will come before my agency which (check one) ~red to my special private gain; or ~ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE