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02-12-91 , FEBRUARY 12, 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 6:02 P.M., Tuesday, February 12, 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 Robert Finch, Cason Methodist Church. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch announced that Item 9E and Item 12A have been ~e'leted from the Regular Agenda. Mayor Lynch requested that Item 8P be removed from the Consent Agenda and placed on the Regular Agenda as Item 9AA and recommended that Item 9C and 12Q be moved to the beginning of the Regular Agenda. Mr. Randolph moved for approval of the agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Dr. Alperin moved for approval of the minutes of the Regular Meeting dated January 29, 1991 and Special Meetings of January 22 and February 5, 1991, 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. 6. Proclamations. 6.A.& B. Mayor Lynch read and presented proclamations proclaiming February 19, 1991 as "Pythian Founders Day" for Atlantic Lodge ~217 and Boynton-Delray Lodge #206, respectively. 6.C. Mayor Lynch read and presented a proclamation proclaiming the week of February 18-24, 1991 as "Education Expo Week". 6.D. , Mayor Lynch presented a proclamation proclaiming the week of February 17-23, 1991 as "PTA Week" 6.E. Mayor Lynch read and presented a proclamation proclaiming the month of February, 1991 as "American History Month". 6.F. Mayor Lynch read and presented a proclamation proclaiming February 14, 1991 as the Variety Club's "Old Newsboy Day". 6.G. Mayor Lynch read and presented a proclamation calling for a First Nonpartisan Election to be held on Tuesday, March 12, 1991, between the hours of 7:00 A.M. and 7:00 P.M., and designating the precincts and polling places in the City of Delray Beach. 7. Presentations. NONE. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Testing of Automatic Tabulating Equipment and Canvassing Board. The Commission is to consider the appointment of Jackie Winchester, Supervisor of Elections, as the City's representative for the testing of the automatic tabulating equipment and as an additional member of the City's Canvassing Board. City Manager recommends approval. 8.B. Canvassing of Absentee Ballots. The Commission is to consider authorizing the Supervisor of Elections to collect and process absentee ballots for the upcoming City election. City Manager recommends approv- al. 8.C. Acceptance of Water Service Agreement. The Commission is to consider acceptance of a water service agreement from the property owners at 4908 Jefferson Road (Country Club Acres). City Manager recommends approval. 8.D.. Acceptance of Water Service Agreement. The Commission is to consider accepting a water service agreement from the property owners at 4855 Jefferson Road (Country Club Acres). City Manager recommends approval. 8.E. Acceptance of Water Service Agreement. The Commission is to consider acceptance of a water service agreement from the property owners at 4957 Jefferson Road (Country Club Acres). City Manager recommends approval. 8.F. Acceptance of Water Service Agreement. The Commission is to consider a water service agreement from the property owners at 4864 Jefferson Road (Country Club Acres). City Manager recommends approval. 8.G. Deletion of Mid-Federal Highway Beautification Project. The Commission is to consider approval of the deletion of Mid-Federal -2- 2/12/91 Hi ghw.ay from the Comprehensive Beautification Plan. City Manager recommends approval. 8.H. Request for Waiver of Rental Fees. The Commission is to consider approval of a request for waiver of the rental fee for the use of the large City-owned stage at a rally in Veterans Park on February 16th, in support of the troops serving in the Persian Gulf. City Manager recommends approval. 8.I. Request for Waiver of Rental Fees. Approval of a request for waiver of the rental fee for the use of the small City-owned stage on Linton Boulevard for the Soapbox Derby to be held on February 16th, is before the Commission for consideration. City Manager recommends approval. 8.J. Temporary Tent Permit. Approval of a request from Linton Square, located on the northeast corner of Linton Boulevard and Congress Avenue, to erect a tent in their parking lot from February 13th through 15th for the purpose of holding a promotional Valentine's Day Concert, is before the Commission for consideration. City Manager recommends approval. 8.K. Acceptance of Grant Funding. The Commission is to consider acceptance of grant funding from the Florida Inland Navigation District in the amount of $157,500 for the seawall/marginal dockage project at Veterans' Park. This is a 50/50 matching grant program. City Manager recommends approval. 8.L. Acceptance of Grant Funding. The Commission is to consider the acceptance of grant funding from the Clean Florida Commission in the amount of $4,000 for the City's litter prevention program. This is a 50/50 matching grant program. City Manager recommends approval. 8.M. Authorization to Submit Certification of Eligibility for Grant Funding. The Commission is to consider authorizing staff to submit a certification of eligibility to the Children's Services Council for grant funding to support our afterschool care program. City Manager recommends approval. 8.N. Authorization to Submit Grant Application and Priority Ranking. The Commission is to consider authorizing staff to submit a grant application to the Florida Department of Environmental Regulation for matching grant funding for the Sea Turtle Conservation Program, final design of beach access improvements and the Snorkeling Park feasibility study (listed in order of priority). City Manager recommends approval. 8.0. Resolution No. 11-91. Resolution No. 11-91, assessing costs for abatement action required to board up an unsafe structure at 227 N.E. 7th Avenue, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 11-91 is as follows: -3- 2/12/91 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. 11-91 is on file in the official Resolution Book) 8.P. Moved to the Regular Agenda as Item 9.AA. 8.Q. Resolution No. 13-91. Resolution No. 13-91, assessing costs for abatement action required to remove nuisances on 34 properties throughout the City, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 13-91 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 ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT 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. 13-91 is on file in the official Resolution Book) 8.R. Award of Bids and Contracts. 1. Computer Equipment - Environmental Services - Nynex, Inc., in the amount of $28,503.15 with funding from Water and Sewer Equipment Other (Account No. 441-5161-536-60.89). Account Balance $293,414.74. City Manager recommends approval. 2. Road Construction Material - Environmental Services - Hardrives, Inc., in an estimated amount of $25,000 with funding from Environmental Services Street Maintenance (Account No. -4- 2/12/91 001-3113-541-35.55/59). Total Account balances $28,700. City Manager recommends approval. 3. Irrigation System - 200 N.W. 1st Avenue - All Green Lawn Sprinklers, Inc., (second low bidder) in the amount of $8,999.99 with funding from Water and Sewer Fund Capital Outlay (Account No. 441-5161-536-60.31). Account balance $34,949.17. City Manager recommends approval. 4. Copy and Computer Paper - Annual Contract - Butler Paper (copy paper) in an estimated annual amount of $17,800 and Better Business Forms (computer paper) in an estimated annual amount of $7,800 with funding from various Departmental Budgets Operating/Office Supplies. City Manager recommends approval. 5. Maintenance Service Agreement - Water Treatment Plant Atomic Absorption and Gas Chromatograph Units - Perkin Elmer (sole source) in the amount of $13,905.36 with funding from Water and Sewer WTP Clarifier Lab (Account No. 441-5162-536-60.76). Account balance $13,905.36. City Manager recommends approval. Dr. Alperin moved for approval of the Consent Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.AA. (8.P.) Resolution No. 12-91. Resolution No. 12-91, assessing costs for abatement action required to remove 11 abandoned vehicles on properties located throughout the City, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 12-91 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING 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 OF LIEN. (Copy of Resolution No. 12-91 is on file in the official Resolution Book) -5- 2/12/91 Upon question by Mayor Lynch, Lula Butler, Director of Communi- ty Development, stated assessment for abandoned vehicles is done per- iodically as opposed to once a year; however, there is a time of perfor- mance according to due process. Mayor Lynch stated he had received a complaint from the towing company who did not get the bid, expressing concern that the towing charges are not being fairly distributed. He would like the City Attorney to make a determination on this issue. The City Attorney advised that is now being reviewed. Mr. Mouw moved for approval, 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.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period of January 28 through February 11, 1991. Mr. Randolph moved for acceptance of the report, 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 Decision. The Commission is to consider an appeal of a Planning and Zoning Board decision (7-0 vote) denying the establishment of a Bingo Hall at the Congress Square Shopping Center located on the southwest corner of Atlantic and Congress Avenues. David Kovacs, Planning Director, stated the P&Z Board has reconsidered the new information and the vote now stands at 6-1 (for denial). Dr. Alperin moved for denial, 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. 9.C. Appeal of Planning .~nd Zoning Board Decision. (Ordinance No. 27-91, First Reading Item No. 12.Q. should be discussed immediately following this item.) The Commission is to consider an appeal of a Planning and Zoning Board decision denying (5-1 vote/Currie dissent- ing/Parker absent) a rezoning petition for property located on the north side of the C-15 Canal between Federal Highway and the Intracoastal Waterway from Planned Residential Development (PRD) District to Special Activities District (SAD). Mr. Kovacs stated when this came before the Commission previ- ously, there was an appeal with no change in the petition before the P&Z Board. Since then, new information has been provided and, if the -6- 2/12/91 'Commission is to deny the appeal, he feels it should be referred back to P&Z. There has also been a request to adopt the ordinance on First Reading tonight in order that the applicant will not be required to return for First Reading in two weeks. Upon question by Mayor Lynch, the City Attorney stated, ulti- mately, the use is for a boat dock. Whether it would be a legal use of the property is up to the Commission to determine. With respect to the other boatowners association, it is not in compliance with everything required in order to be legal. There is a mechanism provided for them to do a site plan revision and solve the problem, which would be a relatively simple matter. Ron Kolins, representing the applicant, presented a copy of "Smilak - Exhibit A" to the City Clerk for the City record and then gave a presentation. Mr. Kolins stated some time ago his client was granted a permit to build the eight docks in question and they were built. A permit was obtained for the electrical portion of the project but, prior to beginning, he was instructed to stop. His client was advised, in order for the project to continue, the zoning must be changed to SAD. The application to have this rezoned was submitted and rejected by the P&Z Board. The plan has now been restructured and, he feels, meets all the objections. He further stated that Pelican Harbor and Captain's Walk both have boat docks, a boatsman association, which is operated in the same manner his client intends to use. Each of the eight memberships will be sold and the owner will have exclusive use of the dock that corresponds with the membership. At the completion of the sale of all memberships, his client is no longer involved. If those memberships are sold, his client has no interest in further transactions. Gordon Stanley, 270 Captain's Walk, President of Captain's Walk Condominium Association and a member of the Pelican Harbor's Homeowners Association, presented a drawing to show the area under discussion, with the exception of one area that is an independent, exclusive condominium association with its own bylaws and covenants. It is his feeling that, if this appeal is approved, it will create an island. Upon question by Mayor Lynch, Mr. Kovacs advised that the parcel of land being referred to as being sold to Mr. Smilack by the Developer is not a part of Pelican Harbor, but rather a residual of another parcel of land that was created when the canal was put through. Mr. Randolph questioned if there are any restrictions on Captain's Walk or Pelican Harbor on boatdocks. Mr. Stanley responded that docks can be sold to no one other than those persons residing there, nor can they rent to any person who is not a resident of the community. Mr. Mouw stated there seems to be a good deal of new informa- tion and he recommends it be remanded back to P&Z for reconsideration and that the Commission adopt the ordinance on First Reading. -7- 2/12/91 Dr. Alperin questioned if this boatowners association adopted all the rules and regulations of those at Captain's Walk, would that eliminate the concerns. Mr. Stanley stated that nothing would eliminate his concerns. Dr. Alperin stated he feels this should have been remand- ed back to P&Z immediately. Mr. Andrews commented that he feels one thing that enhances this property is to be able to have a boat dock along with the unit and there are some units that are definitely land-locked, so he feels this should go back to P&Zo One of his concerns is that there should be one parking space provided for maintenance vehicles. Mrs. Chicco, owner of the corner lot next to Mr. Smilack, questioned what happens if the person residing in one of these units does not want a boat dock. Mr. Kolins responded that purchase of the boat docks would be restricted to Pelican Harbor, at most, and at worst, would be restricted to those residents who have units on the water; but, in no event, will it be available to any outside persons. Dr. Alperin moved to remand this appeal back to P&Z, 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. 12.Q. Ordinance No. 27-91. Ordinance No. 27-91, rezoning property located on the north side of the C-15 Canal between Federal Highway and the Intracoastal Waterway from Planned Residential District (PRD) to Specialized Activities District (SAD), is before the Commission for consideration on First Reading. Planning and Zoning Board recommends denial (5-1 vote - Currie dissenting/Parker absent). If passed, Public Hearing will be continued indefinitely. The City Manager presented Ordinance No. 27-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID LAND BEING A PARCEL LYING IN SECTION 33, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND LOCATED ON THE NORTH SIDE OF THE C-15 CANAL, BETWEEN FEDERAL HIGHWAY AND THE INTRACOASTAL WATERWAY; PROVID- ING FOR THE ESTABLISHMENT OF USES ALLOWED FOR THE SUBJECT PROPERTY; PROVIDING FOR SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -8- 2/12/91 Mr. Mouw moved for the adoption of Ordinance No. 27-91 on First Reading, 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 - No. Said motion passed with a 4 to 1 vote. 9.D. Request for Reconsideration of Denial of Waiver of Sidewalk Requirements - Church of the Palms. The Commission is to reconsider a previous Commission decision denying a request from the Church of the Palms for a waiver of the requirements to install a sidewalk on N.W. 22nd Street. Reverend James Atchison, Pastor of Church of the Palms, stated they are making a small addition to the Church and are requesting a waiver for the sidewalk on N.W. 22nd Street and Swinton Avenue, the Church will be happy to pay their share. Mr. Mouw moved for approval of a waiver of requirements to install a sidewalk on either street, seconded by Mr. Randolph. Upon question by Mayor Lynch, the City Attorney suggested amending the motion to include the addition, by the Church, of sidewalk installation at such time as the City fulfills its obligation in side- walks. Mr. Mouw amended his motion to include the sidewalk installa- tion as suggested by the City Attorney, Mr. Randolph amended his second. 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 HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Request for Reconsideration of Denial of Sign Code Waiver - Abbey Delray. The Commission is to reconsider previous Commission action denying a request from Abbey Delray for waiver of the Sign Code to permit an additional entrance sign at the corner of South Congress Avenue and Lowson Boulevard. Prior to consideration of approval of this waiver, a public hearing has been scheduled to be held at this time. The City Attorney stated, as he indicated previously, a recon- sideration is only appropriate in the same meeting and there is no process by which an applicant automatically returns to the Commission. With regard to staff, no item will be placed on the agenda independent- ly, after denial by the Commission. If a Commissioner would like to reintroduce something, because of a change in circumstances, the Commis- sion would then have the authority to proceed. If the other -9- 2/12/91 'Commissioners do not want to deal with a certain issue, it can be removed at 'agenda approval' time or voted down. Mayor Lynch stated, originally, the vote was 2-2, with the major difference being for a 64 square foot wall sign at the corner of Congress Avenue and Lowson Boulevard. 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. Mark Little, representing the applicant, stated what he is presenting is an overall length of 13'9", significantly reducing the original size of 26 feet, with an overall square footage of 28 to 30 square feet. It is felt there is a hardship in the positioning of the sign and the position of the wall, making it the only practical location for the major intersection. He presented a photograph of the proposed sign for Commission review. The public hearing was closed. Mr. Mouw moved for approval of the waiver for Abbey Delray to construct the sign as outlined tonight, 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. Before roll call the following discussion was had: Mr. Andrews stated, for the record, he feels it is placed there because of the uniqueness of this particular institution, as opposed to any other reason. Dr. Alperin stated he has reservations with regard to the second sign, due to the fact that the single entryway was the choice of Abbey Delray. At this point the roll was called to the motion. 10.B. Request for Waiver of the Sign Code - O. C. Taylor. The Commission is to consider a request from O. C. Taylor for waiver of the Sign Code to permit an additional free-standing sign on N.E. 6th Avenue. Site Plan Review and Appearance Board recommends denial. Prior to consideration of approval 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. O.C. Taylor, applicant, stated the main reason for the request is that they now represent three manufacturers who are non-associated. Each manufacturer has requirements that must be met in order to obtain a franchise. The Hyundai Dealership was formerly represented on the south -10- 2/12/91 'end Of Delray and he is requesting the same sign that was used at that location. William Wilshire, Chairman of the Site Plan Review and Appear- ance Board, stated their objection was due to 'sign clutter' and the Board suggested that he double up on one side or portion out the lot. Jean Beer, 945 Tropic Boulevard, stated the Wallace Dealership now has six signs; two on the building, three free-standing signs and one on the wall. She cautioned the Commission to think very carefully before making a decision. Dr. Alperin stated, when the Commission approved the additional pole sign for Wallace Nissan, it was his understanding that there was an agreement that the monument sign was to be removed. Lula Butler, Director of Community Improvement, stated they have been working on this. The public hearing was closed. Dr. Alperin commented that he feels the City's Sign Code is a farce and the Commission should either enforce the Code or abandon it. Mr. Mouw moved to waive the Sign Code to permit an additional free-standing sign. MOTION DIED FOR LACK OF A SECOND. Mr. Randolph stated he would like to approve this request, but feels the owner could perhaps move a sign or change something rather than lose it. Mr. Andrews stated he would prefer having the aesthetics that are now on 5th Avenue maintained and leave 6th Avenue more commercial as it is now. Mayor Lynch stated he feels staff has attempted to work this out with the applicant in a manner that would be beneficial to all. He feels the Board would be agreeable to looking at alternate plans, if the applicant would like to return. 10.C. Ordinance No. 7-91. Ordinance No. 7-91, annexing to the City of Delray Beach land lying and being in Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, effective March 1, 1991, is before the Commission for consideration on Second and FINAL Reading. This annexation is commonly referred to as West Atlantic Avenue Annexa- tion #3. 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. 7-91: 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 -11- 2/12/91 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. (Copy of Ordinance No. 7-91 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. Andrew Gumberg, representing Mutual of New York, stated his understanding is that this is an annexation for a multitude of parcels within a certain district. They were contacted with a request for a water and sewer agreement with the City. Since that time, it is his understanding the entire shopping center is due to be annexed. Other issues that have surfaced are an increase in real estate taxes and the Sign Ordinance changes that must be made in order not to be in viola- tion. While they are not opposed to the concept of annexation, they would like to be considered as being grandfathered in with regard to the signage. The public hearing was closed. The City Attorney stated Mr. Kovacs is searching for the Water Service Agreement and suggested the meeting be continued until he returns. Dr. Alperin moved to continue Ordinance No. 7-91 until Mr. Kovacs returns to the Commission Chambers, 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. 10.D. 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 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. 9-91: -12- 2/12/91 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-SECTION 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 R-lA RESIDENTIAL ZONING DISTRICTS; TO PROVIDE FOR THE PROHIBITION OF PARKING TRUCKS EXCEEDING 3/4 TON CAPACITY IN ALL RESIDENTIAL ZONING DISTRICTS OTHER THAN R-lA; 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. (Copy of Ordinance No. 9-91 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. Charlie Brown, Curtis Jones, Greg Mason, Joseph Mack and Willie Mack, residents and owners of trucks, questioned where the Commission suggest they park their vehicles. Upon question, Ms. Butler responded the Ordinance covers only those trucks up to a one-ton limit with regard to hardship. The public hearing was closed. Mr. Randolph stated, while he realizes the City must be cleaned up to comply with the Code, many residents are going to suffer finan- cially, by adopting this ordinance and he cannot support it in its present state. Mr. Andrews stated he feels there should be some situation available in which these individuals can park their vehicles for a minimum amount of money. He would like to see the ordinance adopted and, if a suitable parking area through the private sector cannot be found, including security, he feels the Commission should address that. Mr. Mouw stated he feels the Commission should not compound this problem for these residents, but send it back to staff and request that they work on the hardship clause; one the Commission can live with, one that staff can administrate and one that will permit the people to take care of their property as they see fit. -13- 2/12/91 Upon question, Ms. Butler stated the Neighborhood Task Team had recommended the hardship clause, but P&Z was not in favor of this. She commented that she did not see a real problem in administering this depending on who was given authority. Dr. Alperin stated if the City wants to improve the neighbor- hoods, someone needs to make a stance; however, he feels the Commission did nothing to help the people tonight. When it was before the Com- mission the last time, he insisted that a request be sent to P&Z for hardship consideration and they refused, sending it back and omitting the very thing requested. Mr. Andrews moved to direct staff to look into what would be grounds for a hardship, to research the availability for parking commer- cial vehicles offsite and report back to the Commission, if it is a viable alternative; and, if they find there are no places to park, they need to come up with a suggestion as to how this problem may be solved, i.e., creating a parking area somewhere in an industrial area, 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. Before roll call the following discussion was had: Mr. Kovacs questioned what condition would allow a person to be able to keep his truck on his property. He questioned if employment, tax records or length of time lived in that particular house or area would qualify as a reason for a hardship. Mayor Lynch stated the Commission would prefer to leave it to the creativity of the P&Z staff to come up with whatever they feel is most applicable. At this time the roll was called to the motion. The City Attorney advised if the ordinance is going to be rewritten, it will be necessary to go back to First Reading. Dr. Alperin moved for denial of Ordinance No. 9-91 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.C. At this time, the Commission returned to Item 10.C. The City Attorney suggested Item 10.C. (Ordinance No. 7-91) be continued to the next Regular Commission meeting in order for staff to review the status of the Water Service Agreement. Mayor Lynch requested staff also look at the sign issue, the $1,000 filing fee and other issues the applicant may be concerned with. The Commission concurred. Dr. Alperin moved to continue Ordinance No. 7-91 to the next regularly scheduled Commission meeting, seconded by Mr. Randolph. Upon -14- 2/12/91 ~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.E. 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, to provide for the elimination of application fees for charitable organizations, is before the Commission for consid- eration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 118.27, "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. (Copy of Ordinance No. 10-91 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 moved for the adoption of Ordinance No. 10-91 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. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.F. 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 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. 11-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS- TRATION'', CHAPTER 36, "FINANCE; CITY PROPERTY -15- 2/12/91 TRANSACTIONS", SECTION 36.04, "ACQUISITION OF REAL PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE PUBLICATION OF THE TERMS AND CONDITIONS OF THE PURCHASE OF PROPER- TY 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 REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-91 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. Mouw moved for the adoption of Ordinance No. 11-91 on Second and FINAL 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. 11. Comments and Inquiries on Non-Agenda Items from the Public. ll.A.1. The City Manager stated some time ago the City had been re- quested to correct a signalization problem at East Atlantic Avenue and Venetian Drive and to have a protective left turn onto West Atlantic Avenue from the Barnett Bank. The County has responded stating they are in the process of modifying the interconnect system at the intersection and they are conducting a traffic study for the protected left turn at the Barnett Bank and will notify his office when completed. ll.A.2. The City Manager stated a question was raised at the last meeting regarding EMS Fees. Information has been received as a result of a survey completed by the City of West Palm Beach listing the cities that have charges for both advanced life services and basic life servic- es, most showing a higher fee than that of Delray Beach. A copy will be distributed to the Commissioners. ll.A.3. The City Manager stated in response to Mr. Jackel's question regarding a Police Chief search, he distributed a job design profile to the Commission and is requesting their input. It will then be distrib- uted into the community to allow the public to participate in the selection, which he hopes to make in May of 1991. ll.B.1. Helen Coopersmith, representing PROD, stated she objects to the cost of mailing agendas to the public and is requesting that the City Manager reconsider the price. ll.B.2. Ms. Coopersmith stated she objects to the charge made by the paramedics. She questioned why it is necessary for members of the Fire Department and their truck to accompany the paramedics. The City -16- 2/12/91 'Manager stated when certain types of calls that give an indication there may be a possible heart problem involved, more manpower is ordered to the scene in order to adequately treat a patient, especially if CPR is involved. Ms. Coopersmith stated she would like the cost of this service to be reconsidered also. PUBLIC HEARINGS 12.A. DELETED. 12.B. 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 owned by religious organizations; to provide for a discount for properties located within the Lake Worth Drainage District and those properties 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 Commission for consideration on First Reading. If passed, Public Hearing will be held February 26th. The City Attorney distributed a revision to the Commission, stating that it will allow all property owners the opportunity to appeal the assessment and have it changed. The only difference is that the old ordinance had a provision through which only commercial properties could go through an appellate process and have the assessment reduced. Upon question as to the appellate process, Assistant City Attorney Ruby advised this is more in the form of an adjustment as opposed to an appeal, that can be made by the Director of Environmental Services. Rules and regulations are being formulated and will come before the Commission for approval. 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 PROPERTIES OWNED BY RELIGIOUS ORGANIZA- TIONS; BY AMENDING SECTION 56.15, "IMPOSITION OF STORMWATER MANAGEMENT ASSESSMENT, CLASSIFICATION AND CRITERIA", SUBSECTION (B), TO INDICATE THE AVAILABILI- TY OF DISCOUNTS; BY AMENDING SECTION 56.16, "ESTAB- LISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESS- MENTS'', SUBSECTION (C) 1 (B), TO PROVIDE A FORMULA FOR ASSESSMENTS FOR RESIDENTIAL CONDOMINIUM UNITS; BY REPEALING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION (D) AND ENACTING A NEW SUBSECTION (D), TO PROVIDE FOR A DISCOUNT FOR PROPERTIES LOCATED WITHIN THE LAKE WORTH DRAINAGE DISTRICT AND TO PROVIDE FOR A DISCOUNT FOR -17- 2/12/91 PROPERTIES SERVED BY PRIVATE STREET DRAINAGE SYSTEMS WHERE THE CITY DOES NOT PROVIDE MAINTENANCE; BY AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT 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 SUBPARAGRAPH 6, TO PROVIDE FOR AN ADJUSTMENT FOR NONRESIDENTIAL 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. Mr. Randolph moved for the adoption of Ordinance No. 8-91 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. Before roll call Mayor Lynch announced, upon concurrence of the Commission, the Public would be allowed to speak for one minute since this issue has been under discussion for the past four months. Dick Eckerle, Helen Coopersmith, Lorraine Kasper, Arthur Jackel and Reverend Michael McClure came forward and spoke in reference to this issue. Mayor Lynch then requested that the City Manager respond to the questions raised by these residents sometime next week. At this time the roll was called to the motion. 12.C. Ordinance No. 12-91. Ordinance No. 12-91, amending the Land Development Regulations to provide for additional structures which are allowed in setback areas; to provide for an extension of screened enclo- sures in zero lot line developments into the interior side setback; and to provide for reduction of the front building setback when at least 50% of the frontage of a lot is located on a cul-de-sac, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26. At this time Mayor Lynch and Commissioner Randolph left the Commission Chambers and Vice-Mayor Andrews took the Chair. The City Manager presented Ordinance No. 12-91: 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 -18- 2/12/91 DEVELOPMENT STANDARDS", SUBSECTION 4.3.4 (H), "SET- BACKS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SUB-SUBSECTION 4.3.4(H) (4), "STRUCTURES ALLOWED IN SETBACKS", PARAGRAPHS (k), (1), (m), (n), TO PROVIDE ADDITIONAL STRUCTURES WHICH ARE ALLOWED IN SETBACK AREAS; BY AMENDING SUB-SUBSECTION 4.3.4 (H) (5), "SETBACKS FOR SCREEN PORCHES, SCREEN ENCLOSURES, AND ACCESSORY STRUCTURES IN REAR YARDS", BY DESIGNATING PARAGRAPH (e) AS PARAGRAPH (f) AND BY ENACTING A NEW PARAGRAPH 4.3.4 (H) (5) (e); TO PROVIDE FOR AN EXTENSION OF SCREENED ENCLOSURES IN ZERO LOT LINE DEVELOPMENTS INTO THE INTERIOR SIDE SETBACK; BY ENACTING A NEW SUB-SUBSECTION 4.3.4(H) (7), "REDUCTION ALONG CUL-DE-SACS", TO PROVIDE FOR REDUCTION OF THE FRONT BUILDING SETBACK WHEN AT LEAST 50% OF THE FRONTAGE OF A LOT IS LOCATED ON A CUL-DE-SAC; PROVID- ING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 12-91 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Vice-Mayor Andrews - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. 12.D. Ordinance No. 13-91. Ordinance No. 13-91, amending the Land Development Regulations to provide for an exception for the encroachment of pool enclosures into the setback areas, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26. The City Manager presented Ordinance No. 13-91: 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 4.6.15, "SWIMMING POOL, WHIRL- POOLS, & SPAS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.15(G), "YARD ENCROACHMENTS", TO PROVIDE FOR AN EXCEPTION FOR THE ENCROACHMENT OF POOL ENCLOSURES INTO SETBACK AREAS AS SPECIFIED IN PARAGRAPH 4.3.4 (H) (5) (b); 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. 13-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted -19- 2/12/91 'as' follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Vice-Mayor Andrews - Yes. Said motion passed with a 3 to 0 vote. 12.E. Ordinance No. 14-91. Ordinance No. 14-91, amending the Land Development Regulations by repealing the restriction on Veterinary clinics in the General Commercial Zone District and Central Business Districts and enacting new subsections to allow Veterinary Clinics as a conditional use in those zoning districts, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. The City Manager presented Ordinance No. 14-91: 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 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4o9(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 SUB-SUBSECTION 4.4.9(D) (15), BY ENACTING A NEW SUB-SUBSECTION 4.4.9(D) (15), "VETERI- NARY CLINICS", BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", SUB-SUBSECTION 4.4.13 (D) (12) , BY REPEALING SUB-SUBSECTION 4.4.13 (D) (12) , AND BY ENACTING A NEW SUB-SUBSECTION 4.4.13 (D) (12) , "VETERINARY CLINICS"; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph returned to the Commission Chambers at this time. Dr. Alperin left the Commission Chambers. Mr. Mouw moved for the adoption of Ordinance No. 14-91 on First Reading, seconded by Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Vice-Mayor Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 0 vote. 12.F. Ordinance No. 15-91. Ordinance No. 15-91, amending the Land Development Regulations to provide for the notification that approval for the Isle of Delray Special Activities District (SAD) has expired and to provide for inclusion of Tutor Time Plaza as an approved SAD, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. The City Manager presented Ordinance No. 15-91: -20- 2/12/91 ' 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 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD)", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.4.25(I), "S.A.D.s", TO PROVIDE FOR THE NOTIFICATION THAT APPROVAL FOR THE ISLES OF DELRAY HAS EXPIRED, TO PROVIDE FOR INCLUSION OF TUTOR TIME PLAZA AS AN APPROVED SAD; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch returned to the Commission Chambers at this time. Mr. Mouw moved for the adoption of Ordinance No. 15-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Dr. Alperin returned to the Commission Chambers at this time. 12.G. Ordinance No. 16-91. Ordinance No. 16-91, amending the Land Development Regulations to provide for a limitation of one real estate sign per lot; to provide for information requirements on gasoline signs such as price per gallon, type of fuel, octane rating, and directional information such as self-service; to provide for the prohibition of wall signs projecting more than eight (8) inches from the wall upon which it is mounted; and to correct the date in the heading of subsection 4.6.7(H) (2) from December 8, 1985 to December 18, 1985, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. The City Attorney stated the City Manager has suggested the provision in Ordinance No. 16-91, dealing with the pricing of gasoline that required information, be deleted. He stated, because of this, all of Section 3 will be eliminated and requested approval from the Commis- sion. The Commission concurred. The City Manager presented Ordinance No. 16-91: 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 4.6.7, "SIGNS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING PARA- GRAPH 4.6.7(D) (3) (f), "REAL ESTATE SIGNS", TO PROVIDE FOR A LIMITATION OF ONE REAL ESTATE SIGN PER LOT; BY -21- 2/12/91 . AMENDING PARAGRAPH 4.6.7(D) (3) (m), "WELCOMING SIGNS", BY DELETING THE WORD "THE"; BY AMENDING PARAGRAPH 4.6.7 (E) (1) (a) , BY INSERTING THE WORD "NOT", TO PROVIDE FOR THE PROHIBITION OF WALL SIGNS PROJECTING MORE THAN EIGHT (8) INCHES FROM THE WALL UPON WHICH IT IS MOUNTED; BY AMENDING SUB-SUBSECTION 4.6.7(H) (2), BY CORRECTING THE DATE IN THE HEADING FROM DECEMBER 8, 1985 TO DECEMBER 18, 1985; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for approval of Ordinance No. 16-91 on First Reading, 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. 12.H. Ordinance No. 17-91. Ordinance No. 17-91, amending the Land Development Regulations to provide for the proper screening of industri- al uses from adjacent residential uses, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. The City Manager presented Ordinance No. 17-91: 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 4.6.4, "SPECIAL DISTRICT BOUNDA- RY TREATMENT", SUBSECTION 4.6.4(B), "INDUSTRIAL ZONING ADJACENT TO RESIDENTIAL ZONING", SUB-SUBSECTION 4.6.4(B) (3), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING PARAGRAPH 4.6.4(B) (3) (a) AND ENACTING A NEW PARAGRAPH 4.6.4(B) (3) (a), TO PROVIDE FOR THE PROPER SCREENING OF INDUSTRIAL USES FROM ADJACENT RESIDENTIAL USES; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 17-91 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 - No. Said motion passed with a 4 to 1 vote. 12.I. Ordinance No. 18-91. Ordinance No. 18-91, amending the Land Development Regulations to provide for the extension of canopies, -22- 2/12/91 n~rquees, and covered walkways into the public right-of-way, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. The City Manager presented Ordinance No. 18-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA- STRUCTURE IN PUBLIC PROPERTY", ARTICLE 6.3, "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING SECTION 6.3.5, "CANOPIES", TO PROVIDE FOR THE EXTENSION OF CANOPIES, MARQUEES, AND COVERED WALKWAYS INTO THE PUBLIC RIGHT-OF-WAY WITH APPROVAL FROM THE CITY COMMISSION; PROVIDING A SAVING CLAUSE; PROVIDING 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. 18-91 on First Reading, 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. 12.J. Ordinance No. 19-91. Ordinance No. 19-91, amending the Land Development Regulations by deleting the term "signals" from subsection 4.6.9(D) (6) (d) and replacing it with "signs and markings" to provide that all signs and markings relating to off-street parking shall comply with M.U.T.C.D. criteria, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. The City Manager stated he is recommending this ordinance be rejected and the First Reading delayed until the next Regular meeting, in order to research this more thoroughly. The City Manager presented Ordinance No. 19-91: 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 . 9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9 (D) , "DESIGN STANDARDS", SUB-SUBSECTION 4.6.9 (D) (6) , "MARKING AND SIGNING", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING THE WORD SIGNALS FROM PARAGRAPH (d) AND ADDING THE WORDS, "SIGNS AND MARKINGS"; PROVIDING A -23- 2/12/91 ~ 0 SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney DID NOT read the caption of the ordinance. 12.K. Ordinance No. 20-91. Ordinance No. 20-91, amending the Land Development Regulations to change the heading of subsection 2.4.3(K) (2) from "Permit Fees" to "Plan Check Fees" and enacting a new subsection (g) "Signs and Signing" to provide for fees for processing sign permit applications, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. The City Manager presented Ordinance No. 20-91: 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 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING THE HEADING OF SUB-SUBSECTION 2.4.3(K) (2) TO READ, "PLAN CHECK FEES", BY REPEALING SUB-SUBSECTION 2.4.3(K) (3), "PERMIT FEES", PARAGRAPH (g); BY ENACTING A NEW SUB-SUBSECTION 2.4.3(K) (3), "PERMIT FEES", PARAGRAPH (g), TO PROVIDE FOR FEES FOR PROCESSING SIGN PERMIT APPLICATIONS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 20-91 on First 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. 12.L. Ordinance No. 21-91. Ordinance No. 21-91, amending the Land Development Regulations by deleting a reference to a section of the Land Development Regulations contained in paragraph 7.1.3. (A) (2) and by repealing paragraph 7.1.3 (A) (3), is before the Commission for consider- ation on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. Mr. Andrews left the Commission Chambers at this time. The City Manager presented Ordinance No. 21-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 7, "BUILDING REGULATIONS", ARTICLE 7.1, "BUILDING REGULATIONS", -24- 2/12/91 , SECTION 7.1.3, "BUILDING CODE", SUBSECTION 7.1.3(A), PARAGRAPHS 7.1.3(A) (2) AND 7.1.3(A) (3) OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY DELETING A REFERENCE TO A SECTION OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH CONTAINED IN PARA- GRAPH 7.1.3(A) (2) AND BY REPEALING PARAGRAPH 7.1.3(A) (3); PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 21-91 on First 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. 12.M. Ordinance No. 22-91. Ordinance No. 22-91, placing an historic designation on the Colony Hotel buildings and placing them on the Local Register of Historic Places, is before the Commission for consideration on First Reading. Historic Preservation Board recommends approval. If passed, Public Hearing will be held February 26th. The City Manager presented Ordinance No. 22-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1(K), "DESIGNATION OF HISTORIC SITES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX TO THE LISTING OF HISTORIC SITES AS ITEM (11); PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 22-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Mayor Lynch requested that the owner submit something in writing to the City prior to Second and FINAL Reading. 12.N. Ordinance No. 24-91. Ordinance No. 24-91, rezoning property bounded by the Federal Highway pairs and S.E. 9th and 10th Streets (vacant Wallace Dealership) from Automotive Commercial (AC) Zoning Dis- trict to General Commercial (GC) Zoning District in order to accommodate proposed automobile uses at the north end of the property and a -25- 2/12/91 r,~staurant and retail uses on the south end of the property, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval (7-0 vote). If passed, Public Hearing will be held February 26th. The City Manager presented Ordinance No. 24-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PORTION OF BLOCK 7 AND THE ALLEY RIGHT-OF-WAY IN SAID BLOCK 7, RIO DEL REY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND BEING LOCATED ON THE NORTH SIDE OF S.E. 10TH STREET, BETWEEN S.E. 5TH AVENUE AND S.E. 6TH AVENUE; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 24-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 12.0. Ordinance No. 25-91. Ordinance No. 25-91, correcting the Zoning Classification on the Zoning District Map for a parcel of land in Del-Raton Park from Automotive Commercial (AC) Zoning District to General Commercial (GC) Zoning District, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held February 26th. The City Manager presented Ordinance No. 25-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR A PARCEL OF LAND LYING AND BEING IN DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM AC (AUTOMOTIVE COMMERCIAL) TO GC (GENERAL COMMERCIAL); SAID LAND IS LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY, APPROXI- MATELY 175 FEET SOUTH OF LA MAT AVENUE; AND CORRECTING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -26- 2/12/91 " - Mr. Mouw moved for the adoption of Ordinance No. 25-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 12.P. Ordinance No. 26-91. Ordinance No. 26-91, correcting the Zoning Classification on the Zoning District Map for property located on the southeast corner of Military Trail and Atlantic Avenue (gas station) from Planned Commercial (PC) Zoning District to General Commercial (GC) Zoning District. If passed, Public Hearing will be held February 26, 1991. Mr. Andrews returned to the Commission Chambers at this time. The City Manager presented Ordinance No. 26-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR A PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, FROM PC (PLANNED COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF MILITARY TRAIL AND ATLANTIC AVENUE; AND CORRECTING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 26-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.Q. Ordinance No. 27-91. SEE REGULAR AGENDA - ITEM 9.C. 12.R. Ordinance No. 28-91. Ordinance No. 28-91, amending the Code of Ordinances to provide for an exception to permit the consumption and sale of alcoholic beverages on the Delray Beach Elementary School property at events sponsored or sanctioned by Old School Square, is before the Commission for consideration on First Reading. If passed, Public Hearing will be February 26th. The City Manager presented Ordinance No. 28-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", CHAPTER 113, "ALCOHOLIC BEVERAGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE AN EXCEPTION TO PERMIT THE -27- 2/12/91 CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES ON THE DELRAY BEACH ELEMENTARY SCHOOL PROPERTY IN CONJUNCTION WITH A SPECIAL EVENT OR OLD SCHOOL SQUARE, INC. SPONSORED OR RENTAL ACTIVITY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 28-91 on First 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. At this point the Commission returned to the remaining portion of the Regular Agenda. 9.E. DELETED. 9.F. Waiver of Formal Bid Procedures and Award of Contract. The Commission is to consider waiving formal bid requirements and approving the emergency award of a contract to O.H. Materials Corporation in the amount of $16,038.20 to dispose of the solid sodium aluminate and tank at the Water Treatment Plant with funding from Water and Sewer/Water Treatment Contract Work not Specified (Account No. 441-5122-536-33.79). Account balance $19,369.00. City Manager recommends approval. The City Manager advised that a violation has been received from the County regarding sodium aluminate that has solidified and a tank that needs to be disposed of. He is recommending approval, subject to approval from the City Attorney regarding the contract that was awarded. Dr. Alperin moved for approval of the waiver and the emergency award of contract in the amount of $16,038.20, subject to the terms set herein, seconded by Mr. Andrews. 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.G. Amendment to the Golf Course Aqreement. 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. City Manager recommends approval. The City Attorney stated it should be noted that the difference between $1 million and $5 million is approximately $5 million. Mr. Mouw moved to instruct the Golf Course operators to obtain the $5 million umbrella at a cost of $31,888 or less, 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. -28- 2/12/91 9.H. Service Authorization No. 1. The Commission is to consider ,apprQval of Service Authorization No. 1 to the contract between the City and Coastal Planning & Engineering for design work of the sea- wall/marginal dock project at Veterans Park in the amount of $26,000 with funding from the Decade of Excellence Bond Issue/Veterans Park Improvements. Account balance $500,000. City Manager recommends approval. The City Manager stated the amount of $26,000 in the agenda should be corrected to read $26,650. Dr. Alperin moved for approval of Service Authorization No. 1, in the amount of $26,650, 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. 9.I. Request for Payment. The Commission is to consider a request from Old School Square for payment in the amount of $500 to underwrite the Mayors' Breakfast held on April 11, 1990. Dr. Alperin moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.J. Banker's Row Project. The Commission is to consider providing direction regarding the selection of a Consultant for the Banker's Row Project. The City Manager stated staff would like to know whether the Commission wants to interview consultants. If not, staff will review those selected and return for Commission approval of the ratings and the reasons for their choice. The Commission concurred. 9.K. Authorization to Negotiate Change Order. The Commission is to consider authorizing staff to negotiate a change order with Old School Square, Inc., for the installation of an eight-inch water line and two (2) fire hydrants before Old School Square, Inc., repaves N.E. 1st Street and N.E. 1st Avenue adjacent to the project. Funding is avail- able in the 1991 Revenue Bond Account. Project costs not to exceed $40,000. City Manager recommends approval. Mr. Andrews moved for approval to authorize staff to negotiate a change order with Old School Square, Inc., not to exceed $40,000, 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.L. Authorization to Neqotiate Contract. The Commission is to consider authorizing staff to negotiate a contract with firms or indi- viduals certified to perform Value Engineering Services on the Water Treatment Plant necessary to keep the water treatment on schedule and keep the project cost effective. Total project cost is $20,000, with no -29- 2/12/91 iQ.diyidual contract exceeding $6,000. Funding is available in 1990 Note 'Construction/Engineering Water and Sewer Fund (Account No. 444-5164-536-33.11). Account balance $1,205,592.36. City Manager recommends approval. The City Attorney advised, in order to approve this item, the Commission should declare this an emergency situation and that the requirements of the Consultant's Competitive Negotiation Act is being waived. Discussion followed regarding the selection of consultants to provide Value Engineering Services. Mr. Andrews moved to declare this an emergency situation, 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. Mr. Andrews moved for approval to authorize staff to negotiate a contract regarding Value Engineering Services on the Waste Water Treatment Plant, not to exceed a total cost of $20,000, 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. 9.M. Appointment to the County-Wide Planninq Council. The Commis- sion is to consider the nomination of an individual to serve as the Palm Beach County Municipal League's large cities representative on County-wide Planning Council. Mr. Andrews volunteered to serve on a temporary basis. If he learns that this is too time consuming, he suggests the Commission replace him with someone on staff. Mr. Mouw moved for approval, 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.N. Appointment to the Board of Adjustment. The Commission is to consider the appointment of an alternate member to the Board of Adjust- ment to a term ending August 31, 1991. Mayor Lynch stated he would like to appoint Scott Bechtle. Mr. Andrews moved to appoint Scott Bechtle as an alternate to the Board of Adjustment to a term ending August 31, 1991, 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. -30- 2/12/91 ~9~O.. City Attorney's Evaluation and Approval of Merit Pay Adjust- ment. The Commission is to consider the evaluation of the City Attorney and a merit pay adjustment. Mayor Lynch stated each Commissioner has had an opportunity to meet with the City Attorney, individually, and he welcomes comments or motions. Mr. Mouw stated he feels the City Attorney is doing a good job; however, he has no basis for recommending a pay increase. He needs more information regarding his present salary and the reason for a review at this time. The City Attorney stated, the City Manager has, pursuant to his contract, a provision where he is to be reviewed in August in order that the necessary budgetary adjustment can be made in October. Traditional- ly, the City Attorney has been reviewed during that same time frame and that was the understanding that was established when he took the posi- tion. The City Manager was evaluated in November and, it is his under- standing, that he was placed in the January time frame; however, that was not possible, due to other conflicts. Mr. Randolph stated he met with the City Attorney and requested that his office not sign off on every suit that comes before the City. He does not want the City of Delray Beach to acquire the name of 'Lolli- pop City' where anyone feels the City can be sued and, they in turn, will receive an out-of-court settlement. He feels the City Attorney is doing a good job. Upon question by Mayor Lynch, the City Attorney responded that his salary is currently $65,000 a year. Mr. Andrews stated he and the City Attorney had discussions and he is in a neutral position at the moment. He feels there are pluses and minuses and does not feel changes are necessary; but, he would like to see further improvements. Mayor Lynch stated he met with the City Attorney and he has probably watched him as closely as anyone, having been on the pension boards that the City Attorney attended. He feels the City Attorney's office is understaffed but, also, that the office has not always re- sponded as quickly as it should have to some of the staff problems. Because of this, he feels delays have been created. He feels staff is involved, along with the City Attorney's office; but, he is aware that the Veterans Park contract and a couple of others have not been signed. Mayor Lynch stated the Commission wants the City Attorney to protect the City and to use all reasonable and prudent methods but, at the same time, to expedite contract issuance. If there is a problem with that, he would prefer hearing it from the City Attorney himself, as opposed to an architect that cannot get a contract through the City Attorney's office. In that regard, he would like to see some type of flow chart, either on a bi-monthly or quarterly basis, that tells the status of each issue, to assure the Commission that nothing is slipping through the cracks. He agreed that the City Attorney has been very busy in the -31- 2/12/91 ~s~o%t time he has held the position, but with the two Assistant City Attorney's, he feels it is a good staff and he will probably expect more from that department. He is also aware the Commission places the office under a lot of stress by requesting a lot of changes to occur in a short period of time. He stated he will be very insistent that City staff be treated the same as outside people. He feels, in the case of the City Attorney, staff should be treated equally as those on the outside, because the entire mechanism of the City is tied up if the response is not forthcoming from the City Attorney's Office. He commented that he was not happy with the manner in which the Kilgore Contract was handled, overall, but it was obviously one of those situations where the members of the Commission were not dealing directly with the City Attorney's office. In the future, he would caution that staff be careful with details in situations such as this. Other than that, he feels the City Attorney, and the two Assistant City Attorneys have done a good job and he would support an increase in his salary, encourage him to continue to improve and communicate as well as possible with the Commission. Dr. Alperin stated he met with the City Attorney and all his concerns were discussed. He is aware that he, himself, is very tough on evaluations and does not feel standards can be set unless the Commission is willing to set them with the top people. He feels much good has come out of that office, but he feels his major concern is supporting Com- mission decision. The salary range originally agreed to was one of 0%-7% and his suggestion is for a 3% to 4% raise. Mr. Randolph commented that he would recommend a 4% increase. Mr. Andrews stated that he is undecided at this time. Mayor Lynch stated he would recommend a 4% increase. Mr. Mouw questioned the amount of the merit pay raise and if it is implied. Mayor Lynch responded the way it is done at his office is from 0%-10%, zero meaning their continued employment is in jeopardy, a ten indicates they are doing everything asked to do and more on their own initiative and the middle indicates there is room for improvement. A merit is an indication that the employee is meeting the objective the employer expects or better. Mr. Mouw stated he feels the City Attorney does a good job, but he has a difficult time relating what he does all day long to $65,000. He does not know if he is being underpaid, overpaid or exactly right. He is searching for a mechanism to measure his productivity, the quality of his decisions and that sort of thing. Mayor Lynch responded that there is no one to compare this to, as the Commission has only two employees, the City Manager and the City Attorney, as all other employ- ees are staff. This must go by past experience and perhaps it would be helpful to inform Commissioner Mouw that the former City Attorney Thiele was salaried at $78,000 and had been City Attorney for over eight years. Mayor Lynch stated the City seems to be going through a lot more legal problems, definitions, etc., and he feels the current City Attorney has gotten the message from this Commission that they do not want the legal staff built to where the City becomes a giant legal organization. He feels he does a good job of trying to address the issues that are legally facing the City and assuming the role of manager of that office. -32- 2/12/91 Mr. Randolph moved for approval of a 4% merit pay adjustment for the City Attorney, retroactive to November, 1990, 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Mouw questioned how the meetings might be made shorter. Mayor Lynch commented that the Commission agreed to have only three meetings a month and, occasionally, there will be a long meeting. 13.A.2. Mr. Randolph expressed concern regarding the EMS User Fee due to residents with chronic illnesses who have contacted him and suggested the Commission review this. 13.A.3. Mr. Randolph stated, in the February 6th memo from the City Manager, regarding the use of forfeiture laws to eliminate crack houses in the City, it is his hope that consideration is given to many of those owners who would sincerely like to evict those renters. 13.A.4. Dr. Alperin questioned when the City expends funds for items or purchases, if there is a way the Commission can be informed whether or not these items can be budgeted. He would also like to know from what account this comes from and whether or not it was unencumbered funds. 13.A.5. Dr. Alperin stated he feels some of the ordinances, particular- ly regarding Old School Square, may be too strict or prohibitive. Perhaps it would be well to have the Historic Preservation Board, P&Z and staff review these to see if special exceptions should be built into those areas, as opposed to variances and waivers. 13.A.6. Dr. Alperin stated he, too, has received a number of calls from residents with regard to the EMS User Fees and feels a good explanation should be forthcoming to eliminate a lot of confusion. 13.A.7. Mayor Lynch questioned if it is possible for the City to provide him with an account balance for all the accounts of the City. 13.A.8. Mayor Lynch suggested it would be advisable for the Commission to review the goal setting sessions of last March at a workshop to see what has taken place and reevaluate the current situation to make sure the present Commission is where it wants to be. 13.A.9. Mayor Lynch stated Dade County recently passed a water law which requires toilets, showers and sinks in Dade County buildings to be constructed, starting January 1, 1992, to use equipment with a more efficient use of water. There is a meeting in Deerfield on March 27th in reference to protecting south Florida water resources and feels the City should be more proactive. 13.A.10. Mayor Lynch commented that he feels driving North Federal Highway on Saturdays and Sundays is a disaster, due to parking regula- tions near the Swap Shop. He questioned if it is possible to restrict -33- 2/12/91 ,and ~nforce the parking on Dixie Highway on those two days. He request- ed staff to investigate this to see if it is a reasonable request. 13.A.11. Mr. Andrews stated the Commission will soon receive a copy of a memo he directed to Mr. Kovacs regarding the small properties of the downtown area questioning if there could be a way to share handicapped parking spaces. 13.Ao12. Mr. Andrews stated there is an accounting of all the property in the City that has a lien and he would like a basic evaluation of what that amount would be. The City Manager stated there are also a great number of unrecorded liens for prior years, due to prior Commission direction not to record these. He stated further that he feels they should be recorded; whether the Commission would like to foreclose on those is another issue. 13.A.13. Mr. Andrews requested that he be allowed to have Mr. Kovacs accompany him to the Palm Beach County-wide Planning Council, on occa- sion, because of the vast amount of information they cover. The City Manager gave his approval. 13.B.1. The City Attorney stated he attended the sale of the Laver's property and, as anticipated, FDIC was the only bidder and the amount was $4,130,160. There was to be a meeting today and he was told the City Attorney's office would be contacted in the next few days. Once the Judge settles an order finalizing the sale, the file at the FDIC will be transferred from their Atlanta office to the Orlando office and the City can then begin discussions regarding the acquisition of the parcel. 13oC.1. The City Manager stated, in reviewing the annual audit for the SCRWTD Board, he learned that, among the assets, there is a reserve for repair and replacement, as of September 30, 1990, in the amount of $5,371,889. It is felt that some of this money could be used for the current work at the plant. At a meeting today between the Directors of Utilities and Finance from the two cities, it was basically agreed that approximately $3 million ($1.5 million for Boynton and $1.5 for Delray) could be used toward the existing work. This could reduce the upcoming Bond Issue by that amount, which, in turn, could possibly reduce or prevent future rate increases. The Board requested a joint letter from the two City Managers to Mr. Cipriani, as acting Executive Director, requesting that he have Mr. Federspiel prepare a written legal opinion addressing the use of this fund to pay these costs. He was also re- quested to investigate the possible use of these funds for other projects that may be undertaken in the future. Mayor Lynch questioned if a response to the letter could be in hand by March 7th at the Special Meeting. The City Manager stated he would try to do this. 13.C.2. The City Manager stated the telephone charges, that were over-billed by Southern Bell to the City, have been returned in the amount of $7,000, with an additional amount of $1,000 expected soon. Mayor Lynch declared the meeting adjourned at 10:55 P.M. -34- 2/12/91 Cf~y ~Clerk~ ' 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 February 12, 1991, which minutes were form- ally approved and adopted by the City Commission on ~/L~ A~ /~/ ! City Cl~k / 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. -35- 2/12/91