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02-26-91 FEBRUARY 26, 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, February 26, 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 Scott Gress of ~rinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mayor Lynch requested a moment of silence in remembrance of Mr. Richard Dougherty who was on the City Commission from 1986 - 1988. Mayor Lynch extended a welcome to the Leadership Class, the fifth (5th) class in the leadership category. 4. Mr. Mouw requested Item 8.B. be moved to the Regular Agenda as Item 9.A.A. The City Manager requested Item 8.H.3. be moved to the Regular Agenda as Item 9.A.A.A., that Item 8.H.4. be deleted and Item 8.H.5. be changed from $40,000 to $27,778. The City Manager also re- quested Item 9.H. be deleted. Dr. Alperin 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. Approval of Regular Meeting minutes. No minutes. 6. Proclamations. 6.A. Mayor Lynch read and presented a proclamation proclaiming the month of March, 1991 as "Red Cross Month". Mr. Larry Parker, representing the Red Cross, accepted and thanked the Mayor for the Proclamation. 7. Presentations. None. CONSENT AGENDA 8.A. Renewal of Agreement - America's Pros. The Commission is to consider approving a one year extension of an agreement for landscape maintenance on N.E. 8th Street and West Atlantic Avenue with America's Pros in the amount of $24,605 with funding from Beautification Contract Maintenance (Account No. 119-4144-572-33.49). City Manager recommends approval. 8.C. Acceptance of Water Service Agreement. The Commission is to consider accepting a water service agreement from property owners at 14845 Whatley Road, Country Club Acres, Second Addition. City Manager recommends approval. 8.D. Final Plat Approval. The Commission is to consider approval of a final plat for Walgreen's of Delray located on N.E. 6th Avenue between N.E. 4th and 5th Streets. 8.E. Request for Final Payment. The Commission is to consider approval of a request for final payment in the amount of $10,256 from Data Flow, Inc., for completion of the Radio Telemetry and Data Logging System for the Wastewater Lift Stations with funding from 1984 Water and Sewer Construction Note Lift Station Telemetry (Account No. 441-5162- 536-60.36). Account balance $10,256. City Manager recommends approval. 8.F. Request for Final Payment. The Commission is to consider approval of a request for final payment in the amount of $3,250 from Southern Pipeline, Inc. for the installation of a 15 foot sanitary sewer line in an alleyway between S.W. 6th and 7th Avenues with funding from Water and Sewer manhole Rehabilitation (Account No. 441-5178-536-61.84). Account balance $24,000. City Manager recommends approval. 8.G. Temporary Tent Permit. The Commission is to consider a request for a temporary tent permit from St. John Primitive Baptist Church to erect a tent on their property at 615 N.W. 1st Avenue from March 18th through 23rd in conjunction with a State Convention. City Manager recommends approval. 8.H. Award of Bids and Contracts. 1. One (1) Brush Fire Fighting Truck - Fire Department - Southern Coach, Inc. in the amount of $99,355 with funding from Decade of Excellence Bond Issue (Account No. 225-2311-522-60.89). Allocated purchase. Budgeted amount $100,000. City Manager recommends approval. 2. One (1) Advanced Life Support Rescue Vehicle - Fire Department - National Ambulance Builders, Inc. in the amount of $64,184 with funding from State EMS Grant Funding (Account No. 501-3312-591-60.84). Allocated -2- 2-26-91 purchase. Budgeted amount $70,000. City Manager recom- mends approval. 4. Deleted 5. One Compactor Truck - Parks and Recreation - Solid Waste and Recovery Systems, Inc. in the amount of $27,778 with funding from Parks and Recreation Division Vehicles (Account No. 001-4131-572-60.84). Allocated purchase. Budgeted amount is $40,000. City Manager recommends approval. 6. Two (2) Case IH 385 Tractors - Parks and Recreation - Case Power and Equipment in the amount of $25,791 with funding from Parks - Equipment Other (Account No. 001-4131-572-60.89). Allocated purchase. Budgeted amount is $30,000. City Manager recommends approval. Dr. Alperin moved approval of the Consent Agenda as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A. (8.B.) Approval of Agreement Between the City and Palm Beach County School Board. The Commission is to consider approval of an agreement with the School Board to provide school buses and drivers for the Summer Day Camp programs. City Manager recommends approval. There was discussion, questions and responses with regard to the insurance agreements. Mr. Randolph moved approval of an agreement between the City and Palm Beach County School Board to provide buses and drivers for the day camp program, 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. 9.A.A.A. (8.H.3.) Award of Bids and Contracts - Housing Rehabilitation 135 N.W. 6th Avenue - MASCO $14,269.50; 707 S.W. 9th Court - Henry Haywood - $14,148.75; 602 S.Wo 4th Street - Henry Haywood - $13,291.95; in a total amount of $41,710.20 with funding from Community Development Block Grant Housing Rehab (Account No. 118-1963-554-63.23). Account balance $174,983. City Manager recommends approval. The City Manager advised that MASCO has disappeared, their office is closed and they cannot be located; therefore, the recommend- ation is to go with the second lowest bidder at a figure of $14,721. Mr. Andrews moved approval of the bid awards as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as -3- 2-26-91 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 February 12 through February 25, 1991. Dr. Alperin moved approval to receive the report, 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.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 from the Delray Park of Commerce. David Kovacs, Planning and Zoning Director, stated this item has been returned to Planning and Zoning for discussion. Mr. Randolph moved to table this item until Planning and Zoning has acted, 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. 9.C. Request for Waivers of City Code. The Commission is to consid- er a request for waivers associated with the adaptive reuse of the Sundy House. Historic Preservation Board recommends approval. The City Manager advised that Item 3, relief from dedication of seven feet of additional right-of-way, is not applicable. It was the consensus of the Commission: (1) To approve pea rock for the alley, without the City maintaining it; (2) To reduce the 35 foot chord to a 10 foot notch; and (3) To waive the landscape curbing requirement. Dr. Alperin moved approval of the request for waivers of City Code as stated, seconded by Mr. Mouw. 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.D. Determination of Requirements/Southwerks at The Tabard. The Commission is to determine the requirements with regard to the proposed -4- 2-26-91 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 February 12 through February 25, 1991. Dr. Alperin moved approval to receive the report, 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.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 from the Delray Park of Commerce. David Kovacs, Planning and Zoning Director, stated this item has been returned to Planning and Zoning for discussion. Mr. Randolph moved to table this item until Planning and Zoning has acted, 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. 9.C. Request for Waivers of City Code. The Commission is to consid- er a request for waivers associated with the adaptive reuse of the Sundy House. Historic Preservation Board recommends approval. The City Manager advised that Item 3, relief from dedication of seven feet of additional right-of-way, is not applicable. It was the consensus of the Commission: (1) To approve pea rock for the alley, without the City maintaining it; (2) To reduce the 35 foot chord to a 10 foot notch; (4) To waive the 5 foot sidewalk requirement; and (5) To waive the landscape curbing requirement. Dr. Alperin moved approval of the request for waivers of City Code as stated, seconded by Mr. Mouw. 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.D. Determination of Requirements/Southwerks at The Tabard. The Commission is to determine the requirements with regard to the proposed -4- 2-26-91 creation of two nonconforming lots via a replat of Lots 13 and 14, Block 58, Metcalf's Subdivision, located on the northeast corner of N.W. 1st Avenue and N.W. 2nd Street. Mr. Randolph moved approval of the Commission consensus in favor of the non-conforming lots, 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. Mr. Randolph moved to waive the 5 foot required sidewalk along N.W. 2nd Avenue until such time as the City requires, seconded by Mr. Andrews. Mr. Randolph amended his motion to waive the required 5 foot concrete sidewalk along N.W. 1st Avenue and N.W. 2nd Street until such time as the City requires, 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 HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. Mayor Lynch stated, at this time, the Commission would respect the views of the residents of Del-Aire and let them express their concerns and comments. Mr. Schwartz, resident, stated the residents of the Del-Aire Community hereby petition the Commission and Mayor to provide a tempo- rary, emergency Fire Rescue Facility in the southwestern sector of Delray Beach and request that the intentions of the Commission be made known immediately. Dr. Albert Willner, resident, stated he is speaking for the entire area in the southwest region. This area has no immediate emer- gency coverage and is an area that is the largest growing in the commu- nity. The City Manager expreessed optimism in making arrangements for an interim service until such time as a facility can be located in that area. In reply to Mayor Lynch, the City Manager stated two sites for building this facility are already noted and hopefully there will be a temporary facility operating there by the end of the year 1991 or the beginning of 1992. He stated the City will move ahead as rapidly as possible. Mayor Lynch stated if the County is not willing to work with the City, the City of Delray Beach and the City of Boca Raton should try to expedite an agreement, if only for a short time. -5- 2-26-91 10.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 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 nonresidential properties not located within the Lake Worth Drainage District with private drainage systems on site, 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. 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 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. 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. -6- 2-26-91 The City Manager responded to previous questions by stating that on January 29, 1991, the Commission directed staff to investigate maintenance operations for street drainage systems currently owned and maintained by Homeowners and Condominium Associations. There has been no specific takeover as yet; it will be handled on a case by case basis. Each system will be evaluated individually based on its specifications and whether or not it is in good condition. The City and the Commission will make the decision for acceptance or refusal for the takeover. Mr. Mouw moved for the adoption of Ordinance No. 8-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commis- sion 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.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. Prior to consideration, a public hearing has been scheduled to be held at this time. 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, 49-90 AND 8-91 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING THAT UPON ADOPTION OF THIS RESOLU- TION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL, THE CITY IS AUTHORIZED TO BILL AND COLLECT STORMWATER MANAGEMENT ASSESSMENTS. (Copy of Resolution No. 118-90 is on file in the official Resolution Book) 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. Gerald Filippi, High Point of Delray, questioned if the rates will still be the same as originally discussed. The City Manager stated they will be. Gerald DeFoe, Country Manors, stated he opposes this fee which he feels is nothing more than a tax. -7- 2-26-91 A resident questioned how the fee will differ in the future years. Mayor Lynch stated this Commission would not sunset the fee, when the Stormwater job is done in the City it would be disbanded. The public hearing was closed. Mr. Mouw moved for the adoption of Resolution No. 118-90, seconded by Dr. Alperin. 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. 10.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. Prior to consideration, a public hearing has been sched- uled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw moved approval of the Stormwater Assessment Roll as presented, 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. 10.B. Request for Waiver of the Sign Code. The Commission is to consider a request for a waiver of the Sign Code from the Rod and Gun Club to permit a 40 square foot, 10 feet high free standing sign within the setback. Prior to consideration, a public hearing has been sched- uled 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. Lula Butler, Director of Community Improvement, gave a brief explanation for the request. John P. Jones, Admiral Sign Co., representing the Rod and Gun Restaurant, stated this waiver is not on area. It is deemed to be a problem which will stem from future additions to the road in which the sign would become a visibility problem for traffic. The public hearing was closed. Mr. Mouw moved to waive the height limitation for the Rod and Gun Restaurant, 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. -8- 2-26-91 10.C. 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 Second and FINAL Reading. Historic Preservation Board recommends approval. 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. 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. 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. 22-91 on Second and FINAL Reading, seconded by Mr. Andrews. Mayor Lynch stated this Item should be postponed until later in the meeting in order to give David Kovacs a chance to verify receipt of a letter from the property owner. Mr. Andrews withdrew his second pending receipt of the letter. Dr. Alperin moved to table Ordinance No. 22-91 until later in the agenda, 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. 10.D. 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) Zone Dis- trict to General Commercial (GC) Zone District in order to accommodate automobile uses at the north end of the property and a restaurant and retail uses on the south end of the property, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Board recommends approval (7-0 vote). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. -9- 2-26-91 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. (Copy of Ordinance No. 24-91 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. At this time Mr. Andrews left the Commission Chambers. Mr. Mouw moved for the adoption of Ordinance No. 24-91 on Second and FINAL Reading, seconded by Dr. Alperin. 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. 10.E. 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 enclosures, 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 on Second and FINAL Reading. Planning and Zoning Board recommends approval. 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. 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 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, -10- 2-26-91 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. 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 returned to the Commission Chambers. The City Manager stated the Building Official has some changes he would like to suggest, therefore he is requesting this Ordinance be tabled until the next Regular Meeting. Mr. Randolph moved to postpone Ordinance No. 12-91 until the next Regular Meeting of March 13, 1991, 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. 10.F. 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 Second and FINAL Reading. Planning and Zoning Board recommends approval (7-0 vote). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 13-91: 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 (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), -11- 2-26-91 (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. (Copy of Ordinance No. 13-91 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. 13-91 on Second and FINAL Reading, 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 - No. Said motion passed with a 4 to 1 vote. 10.G. Ordinance No. 14-91. Ordinance No. 14-91, amending the Land Development Regulations by repealing the restriction on Veterinary Clinics in the General Commercial 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 considera- tion on Second and FINAL Reading. Planning and Zoning Board recommends approval (7-0 vote). Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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 4.4.9 (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 -12- 2-26-91 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. (Copy of Ordinance No. 14-91 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. 14-91 on Second and FINAL Reading, 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. Mr. Andrews feels that having a Veterinary Clinic next to another business, even in a GC area, is a bit out of line. 10.H. Ordinance No. 15-91. Ordinance No. 15-91, amending the Land Development Regulations to provide for the notification that approval for the Isles 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 Second and FINAL Reading. Planning and Zoning Board recommends approval (7-0 vote). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 15-91: 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. (Copy of Ordinance No. 15-91 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. -13- 2-26-91 Helen Coopersmith, resident, questioned why the Isles of Delray was put together with Tutor Time. In reply to Ms. Coopersmith, the City Attorney stated they are linked together as they both have to do with classifying existing SAD's which is the single subject that is being dealt with. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 15-91 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. 10.I. 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 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 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. 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 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. (Copy of Ordinance No. 16-91 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. -14- 2-26-91 Mr. Randolph moved for the adoption of Ordinance No. 16-91 on Second and FINAL Reading, 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. 10.J. Ordinance No. 17-91. Ordinance No. 17-91, amending the Land Development Regulations to provide for the property screening of indus- trial uses from adjacent residential uses, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Board recommends approval (7-0 vote). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 17-91 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. 17-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - No; Dr. Alperin - Yes; Mr. - Andrews - Yes; Mr. Randolph- No; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. Mr. Mouw stated he believes in screening industrial owned property, but when there is a 150 foot right-of-way from 1-95 no additional screening is necessary. There is also a provision for a 50 foot setback and he feels this will present a hardship for developing industrial property along 1-95. Mr. Kovacs stated he will review this issue and try to get it corrected. -15- 2-26-91 10.K. Ordinance No. 18-91. Ordinance No. 18-91, amending the Land Development Regulations to provide for the extension of canopies, marquees, and covered walkways into the public right-of-way with approv- al from the City Commission, is before the City Commission for consider- ation on Second and FINAL Reading. Planning and Zoning Board recommends approval (7-0 vote). Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. 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. (Copy of Ordinance No. 18-91 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. 18-91 on Second and FINAL Reading, 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.L. 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 Second and FINAL Reading. Planning and Zoning Board recommends approval (7-0 vote). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 20-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, k~ENDING CHAPTER 2, "ADMINIS- TRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL -16- 2-26-91 PROCEDURES", 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. (Copy of Ordinance No. 20-91 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. 20-91 on Second and FINAL 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 - Yes. Said motion passed with a 5 to 0 vote. 10.M. 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 Second and FINAL Reading. Planning and Zoning Board recommends approval (7-0 vote). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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", 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. (Copy of Ordinance No. 21-91 is on file in the official Ordi- nance Book) -17- 2-26-91 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. 21-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.N. 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) Zone District to General Commercial (GC) Zone District, is before the Commission for considera- tion 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. 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. (Copy of Ordinance No. 25-91 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. 25-91 on Second and FINAL Reading, 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. 10.O. 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) Zone District to General Commercial (GC) Zone District, is before the Commission for consideration on Second and -18- 2-26-91 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. 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. (Copy of Ordinance No. 26-91 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. 26-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon on 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.P. 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 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. 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 CON- SUMPTION 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. -19- 2-26-91 (Copy of Ordinance No. 28-91 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. 28-91 on Second and FINAL 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. 10.C. Ordinance No. 22-91. (Continued from earlier in the agenda.) Mr. Andrews moved to continue Ordinance No. 22-91 to the next Regular Meeting of March 13, 1991, 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager advised that after reviewing the fees for the agenda subscription, the price has been changed from $30.00 to $25.00. ll.A.2. The City Manager stated, with regard to the EMS fee, the City does now have a Medicare number and forms have to be developed. Within one - two weeks the Medicare number should be available for use. ll.A.3. The City Manager advised that the signal light on E. Atlantic Avenue and Venetian Drive seems to be working okay at the present time. ll.B.1. Lillian Feldman, resident, stated she would like to see some action taken with the railroad tracks on Linton Boulevard which serves the CSX Railroad. ll.B.2. Richard Eckerle, resident, stated the bikepath on Homewood Boulevard is one of the best investments the City has made. ll.B.3. Perry DonFrancisco, President of Delray Citizens for Delray Police, urged consideration for the Kids N Cops program, as he feels it will be very beneficial. ll.B.4. Virginia Cady Schmidt, resident, stated she endorses Mr. DonFrancisco's feelings. FIRST READINGS None. 9.E. Request for Funding. The Commission is to consider a request for funding in the amount of $1,000 from Pine Grove Elementary School to -20- 2-26-91 help underwrite the cost of the Safety Patrol's trip to Washington, D.C. City Manager recommends approval. Dr. Alperin stated if the City does it for one school, it should be done for all schools. The City Manager stated this item is on the Workshop Agenda for March 5, 1991. Mayor Lynch stated he would like to get further direction on how these requests should be handled. Dr. Alperin moved approval of the $1,000 request for the trip to Washington, 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. Request for Funding. The Commission is to consider a request for funding from Atlantic High School to help underwrite their partici- pation in a festival being held May 8th through May 12th at the John F. Kennedy Center for the Performing Arts in Washington, D.C. Dr. Alperin moved approval of $1,000 to the band, contingent upon the request for Martin Luther King Day, 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.G. Request to Attend a Seminar. The Commission is to consider a request from the Historic Preservation Board to send one staff member and one Board member to the State Division of Historical Resource's "Historic Preservation Day 1991" to be held March 12th and 13th in Tallahassee. Funding is available in Planning and Zoning Department Budget. The City Manager questioned if all requests of this sort should come before the Commission or have it handled by the City Manager. It was the consensus of the Commission to have these requests come before the City Manager. Mr. Andrews moved approval of $573.00 for the Historical Preservation Board delegates to attend a seminar, 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.H. Architectural Contracts - Decade of Excellence Projects. The Commission is to consider providing direction regarding an indemnifica- tion clause in the contracts for architectural services for Veteran's Park, Currie Commons Park and Miller Park. This Item has been deleted and resolved. -21- 2-26-91 9.I. Consulting/Architectural Contract - Bankers' Row Project. The Commission is to consider ranking the top three firms and authorizing staff to negotiate and award a contract for the Banker's Row Project. Mr. Mouw moved approval to negotiate with the number one ranked firm, 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. 9.J. Continuation of Ordinance No. 7-91. The Commission is to consider a recommendation to continue Ordinance No. 7-91, an Ordinance annexing to the City of Delray Beach land lying and being in Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida. This annexation is commonly referred to as West Atlantic Avenue Annexation #3. Mr. Randolph moved to postpone this Ordinance until April 9, 1991, in order to negotiate with the owner, 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.K. Change Order No. 4. The Commission is to consider approval of Change Order No. 4, in the amount of $23,000.50, to the contract between the City and Johnson and Davis, Inc. for the reconstruction of S.E. 1st Avenue with funding from Decade of Excellence Bond Issue (Account No. 225-3161-541-61.41/$11,500.25) and Water and Sewer S.E. 1st Street Drainage (Account No. 444-5174-536-61.41/$11,500.25). Account balances $29,728 and $11,500.25. City Manager recommends approval. Mr. Mouw moved approval of Change Order No. 4, 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.L. Execution of Release Document/Road and Bridge Tax Case. The Commission is to consider approval of the execution of a release docu- ment accepting settlement in the approximate amount of $32,402.16 for all claims Delray Beach has against Palm Beach County for violation of the road and bridge tax statute. Mr. Mouw moved authorization to execute this release for whatever the appropriate amount is in terms of the release document, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Mr. Mouw moved to reconsider the entire consent agenda and request that Item 8.D. be pulled off for discussion, 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. -22- 2-26-91 Mr. Mouw moved acceptance of the balance of the Consent Agenda, less Item 8.D., 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. 8.D. Mayor Lynch stated he feels the CRA, not the City, should pay half of moving the utility poles for the project being built. Mr. Mouw moved the final plat approval of Walgreen's except for the cost sharing of the removal of two utility poles, 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. 9.M. Dune Restoration Project. The Commission is to consider applying for State funding through the Palm Beach County Department of Environmental Resources for enhancement of our existing dune system to include walkovers, minor fill replacement, revegetation; and, identify- ing matching project funds. Alice Finst, 707 Place Travant, stated her opposition to this project. Elizabeth Matthews, 1024 White Drive, stated her rejection of the walkovers. Kathy Stokes, 1220 Southways Street, encouraged the Commission to delete this item or to do a cost analysis. It was the consensus of the Commission to reject the walkovers. Dr. Alperin moved that the City not request to participate in the funding of the dune walkovers, 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.N. Beach Nourishment Project/County Coordination. The Commission is consider a discussion regarding the expansion of the County permit- ting authority with respect to beach nourishment projects. It was the consensus of the Commission to vigorously oppose the expansion. Mayor Lynch stated the Municipal League will be meeting tomor- row in the Commission Chambers and the Commission would like them to know their feelings. Staff should be directed as to how to write the letter. The City Manager stated there will be a resolution for the Commission's approval at the next Regular Meeting. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS -23- 2-26-91 13.A.1. Mayor Lynch stated the area on 8th Street and Federal Highway needs to be remarked and approved. 13.A.2. Mayor Lynch stated that the Fire and Police Pension Board have appointments coming up, and the way it was set up from the previous Commission is that no person should be on the Board more than two terms. Even though the Commission cannot enforce the decision, he requested the City Manager to inform the Police and Fire Departments of their feel- ings, and hopefully they will abide with the decision. 13.A.3. Mr. Mouw stated the lights in Delray are terrible and desperately need to be fixed. It is the most unsynchronized and uncoordinated thing he has ever seen. 13.A.4. Dr. Alperin complimented Bill Greenwood and Joe Safford for their excellent presentation at the Tropic Palms Homeowners Meeting. The Homeowners stated the Recreation Department denied the use of Miller Park for their barbecue, and he doesn't understand why a City park could not be used. 13.A.5. Dr. Alperin stated the Goal Setting Sessions should be set up and a review made of what can be done. 13.A.6. Dr. Alperin commented on the need for an appointee for the Sewer Advisory Committee. Dr. Alperin was advised that this position has been advertised for applicants, the deadline is March 28, 1991, and the appointment will be on the agenda for the next Regular Meeting. 13.B.1. There were no comments or inquires from the City Attorney at this time. 13.C.1. The City Manager stated there were some concerns about minority representations for the Police Department. A meeting was called and some goals and objectives were discussed. David Kovacs stated the CRA spoke Thursday night about having March 27, 1991 as a full day workshop. Mayor Lynch declared the meeting adjourned at 9:20 P.M. "- City-C~rk / ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting -24- 2-26-91 of said City Commission of February 26, 1991, which minutes were formal- ly approved and adopted by the City Commission on'~.~ /3 /~/'. ~- City - Cig~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. -25- 2-26-91