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03-26-91 MARCH 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, March 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 Michael Castronis of The First Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager requested Items 9.C. and 9.G. be removed from the agenda. Dr. Alperin requested Item 8.0. be moved to the Regular Agenda as Item 9.T. Mr. Randolph requested Item 8.J. be moved to the Regular Agenda as Item 9.U. Upon recommendation from the City Att6rney, Mayor Lynch requested the Organizational Meeting be held on April 9, 1991 and be moved to the Consent Agenda as Item 8.U. 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. Dr. Alperin moved approval of the Regular Meeting minutes of March 13, 1991, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes, Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch stated that on Page 14 of the Minutes, the money amount was written two different ways. He stated he would like dollar amounts written numerically for consistency. 6. Proclamations. A. Mayor Lynch read and presented a proclamation proclaiming April 14 through April 20, 1991 as "National Library Week". Leslie Strickland, Librarian, accepted the proclamation and thanked the Mayor and Commission. B. Mayor Lynch read and presented a proclamation proclaiming the month of April, 1991 as "Month of the Young Child". Lisha Sutton, accepted the proclamation and thanked the Mayor and Commission. C. Mayor Lynch read and presented a proclamation proclaiming April 1 through April 7, 1991, as "National Community Development Week". Lula Butler, Director of Community Improvement, accepted the proclamation and thanked the Mayor and Commission. 7. Presentations. A. Information Technology Resources Strategic Plan - Robert K. Henderson, Florida Center for Public Management. Robert Henderson stated the City Manager asked him to look at the information technology resources of the City and propose a strategic plan. A requirement study approach was done and he feels the goals have been set forth and satisfactorily accomplished. Mr. Henderson gave a slide presentation to explain the equip- ment and plans for the use of them. He summarized by stating the plan is geared to serve the citizens of Delray Beach. Mr. Randolph stated the report was good, but felt at this time it should be received for information only. Dr. Alperin stated he was satisfied with most of the report. Mr. Mouw questioned the amount of money that will be needed for this project. Mr. Andrews requested the City Manager look at how the depart- ments are managed in order to get them in shape. Mayor Lynch stated the end user has to be involved, and the Senior Managers have to be involved with the purchasing to give support in order for the system to do what it needs to. He also stated it may be useful to get on a network system. Consent Agenda 8.A. 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. 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 -2- 3/26/91 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. (Copy of Ordinance No. 22-91 is on file in the official Ordi- nance Book) 8.B. Acceptance of Right-of-Way Deed. The Commission is to consider accepting a warranty deed for additional right-of-way from the property owner at 102 N. Swinton Avenue. 8.C. Agreement Between the City and Fairways of Delray Homeowners Association. The Commission is to consider approval of an agreement between the City and the Fairways of Delray Homeowners Association dedicating the rights-of-way for the private streets within the subdivi- sion to the City. City Manager recommends approval. 8.D. Fire Station No. 1 Acquisition. The Commission is to consider approval of the Stipulated Order of Taking between the City and the Travers, owners of Parcel No. 4. This action is necessary for the acquisition of sufficient property for construction of Fire Station No. 1. City Manager recommends approval. 8.E. Ratification of South Central Regional Wastewater Treatment and Disposal Board's Resolution No. 1-91. The Commission is to consider ratifying the SCRTWD Board's Resolution 1-91 which authorizes the use of funds from the Sinking Fund to pay for a portion of the Odor Abatement construction project. City Manager recommends approval. 8.F. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action. The Commission is to consider ratifying a contract with Environmental Science Corp. for sludge disposal at the SCRWTD Plant. City's share of funding to come from Water and Sewer Fund Sewage Treatment Operating Share/Wastewater Treatment (Account No. 441-5142-536-33.74). This contract represents a standard operating cost for the plant. City Manager recommends approval. 8.G. This item was moved to the Regular Agenda. 8.H. Waiver of Insurance Requirements and Execution of Contract. The Commission is to consider waiving the insurance requirements and authorizing the execution of a contract with Leslie Divoll, Inc. in the amount of $24,000 for the Banker's Row Project. Funding is available from Planning and Zoning Miscellaneous Operating - Banker's Row (Account No. 001-2511-515-34-78). City Manager recommends approval. 8.I. Authorization to Submit Applications for Grant Funding. The Commission is to consider authorizing the submittal of four applications for grant funding for fiscal year 1991/92 from the Florida Department of -3- 3/26/91 Health and Rehabilitation Services in the total amount of $66,013 to purchase one emergency rescue vehicle; six cellular telephones and seven portable fax machines; seven headset communication devices; and a house safety simulator trailer. This is a matching grant program. City Manager recommends approval. 8.K. Change of Subdivision and Street Name. The Commission is to approve a request for a change of subdivision name from Hidden Lakes to Clearbrook and a request to rename the internal subdivision street from Hidden Lakes Drive to Clearbrook Circle. City Manager recommends approval. 8.L. Request for Final Payment/A.O.B. Underground, Inc. The Commis- sion is to consider approval of final payment to A.O.B. Underground, Inc. in the amount of $22,913.60 with funding from Rainbow Homes Utility Tax Bond (Account No. 333-3161-541-61.13). City Manager recommends approval. 8.M. Request for Final Pa~zment/ W. Jackson and Sons. The Commission is to consider approval of final payment to W. Jackson and Sons Con- struction Company in the amount of $11,781.79 for the extension of a waterline to provide for an interconnect with the City of Boca Raton with funding from Water and Sewer Fund Boca/Palm Beach County Emergency Interconnect (Account No. 441-5162-536-60.38). City Manager recommends approval. 8.N. Request for Final Payment/ARZ Builders, Inc. The Commission is to consider approval of final payment to ARZ Builders, Inc. in the amount of $1,687 for completion of sidewalk improvements at Pompey Park with funding from Decade of Excellence Bond Issue/Sidewalks Pompey Park (Account No. 225-3162-541-61.45). City Manager recommends approval. 8.P. Resolution No. 19-91. Resolution No. 19-91, assessing costs for abatement action required to demolish an unsafe structure at 610 S.E. 6th Avenue, is before the Commission for consideration. The caption of Resolution No. 19-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; PROVID- ING 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 A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 19-91 is on file in the official Resolution Book) 8.Q. Resolution No. 20-91. Resolution No. 20-91, assessing costs for abatement action required to board up an unsafe structure at 111 -4- 3/26/91 S.W. 2nd Street, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 20-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 20-91 is on file in the official Resolution Book) 8.R. Resolution No. 21-91. Resolution 21-91, assessing costs for abatement action required to board up an unsafe structure at 729 S.W. 9th Court, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 21-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING THIS LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 21-91 is on file in the official Resolution Book) 8.S. Resolution No. 22-91. Resolution No. 22-91, assessing costs for abatement action required to board up an unsafe structure at 2606 Frederick Boulevard, is before the Commission for consideration. City Manager recommends approval. The caption of Resolution No. 22-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS -5- 3/26/91 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. 22-91 is on file in the official Resolution Book) 8.T. Award of Bids and Contracts. 1. Mini-Camera for Sewer Inspections - Environmental Services - Pearpoint, Inc. in the amount of $17,000.30 with funding from Mini Camera Sewer Lateral Inspection (Account No. 442-5178- 536-61.88). Account balance $30,000. City Manager recommends approval. 2. Reconstruction of Drinking Water Well #34 - Miller Services, Inc. in the amount of $54,900 with funding from Well Rehabilitation, Replacement, Upgrade (Account No. 442-5178-536-61.82). Account balance $183,000. City Manager recommends approv- al. 3. Truck Mounted Sewer Cleaner - Environmental Services - Ray Pace's Waste Equipment, Inc. in the amount of $62,403.75 with funding from Hydraulic Flushing Machine (Account No. 442-5178-536-64-04). Account balance $89,998. City Manager recommends approval. 4. Annual Photo Supplies - Various Departments - Photoline Supplies, Inc. in an estimated annual amount of $17,800 with funding from Various Depart- ment Film Supplies Line Item. City Manager recom- mends approval. 5. Community Policing Training Program - Police Department - Florida Atlantic University in the amount of $75,633 with funding from Law Enforcement Trust Fund Consulting (Account No. 112-2172-521- 33.15. Account balance $88,500. City Manager recommends approval. Mr. Andrews moved approval of the Consent Agenda, seconded by Dr. Alperin. Mr. Andrews amended his motion, Dr. Alperin amended his second. -6- 3/26/91 Mr. Andrews moved approval of the Consent Agenda, and Item 8.U. to be changed to April 9, 1991 at 5:45 P.M., 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. REGULAR AGENDA 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 March 13 through March 25, 1991. Dr. Alperin moved to accept the report of the Appealable Land Development Actions, 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. Before roll call, the City Attorney stated the Planning and Zoning Board's denial of the request for a zoning change from Single Family to Community Facilities for the Seagate Hotel and Beach Club, requires Commission action. The authority to grant or deny rezoning requests is with the Commission, therefore, an ordinance will be placed on the April 9th agenda for First Reading, at which time the Commission will officially take action on this item. At this point the roll was called to the motion. Mayor Lynch referred back to Item 8.F., sludge disposal, questioning if it would be more appropriate to allow the new Director the opportunity to agree or not agree before the Commission passes this item. He also expressed concern about bringing a new person on board and committing him to a three year contract. The City Attorney stated the Director would have to live with a lot of prior commitments. 9.B. Conditional Use Approval. The Commission is to consider a request for conditional use approval to establish a commercial passenger loading area and boat ticket sales on the east side of Palm Square, just south of East Atlantic Avenue. Planning and Zoning recommends approval (6-1 vote). Historic Preservation Board recommends denial; Community Redevelopment Agency recommends approval, subject to conditions. Dominic DePonte, 24 Marine Way, stated he feels, as a point of order, that the application has technically been withdrawn. The City Attorney advised it was the City's position to remove that item from the agenda prior to consideration. David Kovacs, Planning and Zoning Director, stated the item before the Commission is a Conditional Use request on property which is already zoned as CBD (Central Business District). Prior to the -7- 3/26/91 Conditional Use request, there was a need to provide additional parking. The requests are for approval to have a ticket booth and passenger loading area in that CBD area. As conditions to the request, the applicant has to obtain permits or get letters from various agencies permitting the boat operation in that area, or stating there is no jurisdiction or concern. Also, as a part of the request, it is neces- sary to provide additional parking. Mr. Mouw stated this issue is a waste of time for the Commis- sion and they should not have been put in this position. Dr. Alperin questioned if the boat is appropriate for that property. Determining how the neighborhood will be affected and if certain conditions are met, it could become an acceptable use. There are a lot of questions, but not enough answers. Having a boat at that area is not offensive providing the conditions are satisfied. Mr. Randolph stated he would have no problem with the boat docking north of east Atlantic Avenue, but he feels there is a problem with the boat docking south of Atlantic Avenue. Mr. Andrews stated he hopes the Commission would look at the entire length of Palm Square and decide if this has a meaningful impact to the redevelopment of the downtown. He recommended this item should be discussed at a future workshop. Mayor Lynch stated he does not see this as an economic liabili- ty to downtown. He would like to see it on the north side, on a tempo- rary basis, to see what the actual occurrences are. The traffic prob- lems that are associated with it are totally linked to a restaurant; therefore, if things don't go well with the restaurant, what will happen to the boat and dock. There are too many variables. Digby Bridges, agent, stated this issue should have been a presentation to show what it can mean to the downtown area. This is a CBD District and has always been a CBD District. All the appropriate parts of the zoning code have been put into this plan. Dane Mark, Captain and owner of Stillwater Cruises, stated, for the record, he would like to clear an erroneous story that was in the newspaper stating the restaurant was putting the boat into the water. Stillwater Cruises is in no way tied to the restaurant. Dr. Alperin stated there are too many ifs at this point and would like the Commission to see a complete package. Mr. Andrews stated his concern was the noise, but it can be dealt with on a trial basis. Dr. Alperin moved to postpone this issue to be followed up after a workshop, 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. -8- 3/26/91 It was the consensus of the Commission to place this issue on the workshop agenda for April 16, 1991. PUBLIC HEARINGS At this point, the time being 7:30 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Ordinance No. 29-91. Ordinance No. 29-91, rezoning the Greater Mount Olive Missionary Baptist Church property located on the southwest corner of N.W. 4th Avenue and NoW. 1st Street from R1A (Single Family Residential) Zoning District, in part and GC (General Commercial) Zoning District, in part to CF (Community Facilities) Zoning District, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Board recommend approval (6-0 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. 29-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DIS- TRICT, IN PART, IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF BLOCK 28, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND LOCATED AT THE SOUTHWEST CORNER OF N.W. 4TH AVENUE AND N.W. 1ST STREET; 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. 29-91 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. 29-91 on Second and FINAL 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. 10.B. Ordinance No. 34-91. Ordinance No. 34-91, amending the Code of Ordinances to provide that the contractor may impose a late fee of 1.5% on the unpaid balance on delinquent accounts receiving Type "E" mechani- cal containers or commercial refuse container service as an alternate method of collection, is before the Commission on Second and FINAL -9- 3/26/91 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. 34-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH" SUBHEADING "RATES AND CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.71, "METHOD OF BILLING FOR CHARG- ES'', TO PROVIDE THAT THE CONTRACTOR MAY IMPOSE A LATE FEE OF 1.5% ON THE UNPAID BALANCE ON DELINQUENT ACCOUNTS RECEIVING TYPE E MECHANICAL CONTAINERS AND COMMERCIAL REFUSE CONTAINER SERVICE AS AN ALTERNATE METHOD OF COLLECTION; BY AMENDING SECTION 51.72, "DELINQUENT PAYMENTS; LIEN", TO PROVIDE THAT DELIN- QUENT ACCOUNTS RECEIVING TYPE E MECHANICAL CONTAINERS AND COMMERCIAL REFUSE CONTAINER SERVICE MAY BE AS- SESSED A LATE FEE OF 1.5% AND AN ALTERNATE METHOD COLLECTION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-91 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 34-91 on Second and FINAL Reading, 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. 10.C. Request for Waiver of the Sign Code. The Commission is to consider a request for waiver o~ the Sign Code to permit a 36 square foot sign, 16 feet in height to front on S.E. 5th Avenue. Site Plan Review and Appearance Board recommends approval of the sign subject to conditions. Prior to consideration, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Lula Butler stated that the business is allowed to have two freestanding signs. He used the calculation of the existing Jeep Eagle sign for size, based on the lineal footage for Federal Highway. He now is requesting a second sign, using the same lineal footage. According to City Code, that is not permissible. He is allowed to have two freestanding signs; but the City would like a waiver to his existing Jeep Eagle sign. He could have the sign, but it would have to be -10- 3/26/91 smaller. The City has recommended that he switch the two sign faces so that the Jeep would be in compliance, but the owner does not wish to do that. Mr. Mouw moved approval for the request of the sign code with the reduced height to 16 feet, as per the recommendation of the SPRAB, 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.D. Ordinance No. 31-91. Ordinance No. 31-91, amending the Land Development Regulations to provide for the inclusion of the initial approval period within the enacting ordinance for Large Scale Mixed Use Development; and to provide for the extension of the approval date to August 22, 1992 for the Marina Cay SAD (Special Activities District), is before the Commission for consideration on Second and FINAL Reading. Special Adjustment Advisory Board recommends approval. Prior to consid- eration 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. 31-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", 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 SUBSECTIONON 4.4.25(C), REVIEW AND APPROVAL PROCESS", TO PROVIDE IN PARAGRAPH 4.4.25(C) (3) FOR INCLUSION OF THE INITIAL APPROVAL PERIOD WITHIN THE ENACTING ORDINANCE FOR LARGE SCALE MIXED USE DEVELOPMENT; BY AMENDING SUBSECTION 4.4.25(I), "S.A.D.'S", TO PROVIDE FOR EXTENSION OF THE DATE ON WHICH APPROVAL FOR THE MARINA CAY SAD EXPIRES TO AUGUST 22, 1992; PROVIDING A SAVING CLAUSE; PROVID- ING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 31-91 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. 31-91 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. At this time, Mr. Andrews left the Commission Chambers. -11- 3/26/91 10.E. Ordinance No. 32-91. Ordinance No. 32-91, amending Ordinance No. 51-89 to provide for an extension of the approval date to August 22, 1992 for the Marina Cay SAD (Special Activities District) is before the Commission for consideration of Second and FINAL Reading. Special Adjustment Advisory 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. 32-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO 51-89, TO PROVIDE FOR AN EXTENSION OF THE APPROVAL DATE FOR THE MARINA CAY SAD TO AUGUST 22, 1992; PROVIDING A SAVING PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 32-91 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. 32-91 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. Mr. Andrews returned to the Commission Chambers. 10.F. Ordinance No. 33-91. Ordinance No. 33-91, amending the Land Development Regulations by amending Appendix A by repealing the defini- tion for "Nonconforming Use" and enacting definitions for the terms Automobile Brokerage; Automobile Dealership, Full Service; Land Develop- ment Application; Major Subdivision; Minor Subdivision; Nonconforming Use; and, Substance Abuse, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 33-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING THE DEFINITION FOR "NONCONFORMING USE"; BY ENACTING DEFINITIONS FOR THE TERMS "AUTOMOBILE BROKERAGE", -12- 3/26/91 "AUTOMOBILE DEALERSHIP, FULL SERVICE", "LAND DEVELOP- MENT APPLICATION", "MAJOR SUBDIVISION", "MINOR SUBDIVISION", "NONCONFORMING USE", AND "SUBSTANCE ABUSE"; BY DELETING REFERENCE TO THE TERM, "MINOR SUBDIVISION" IN THE DEFINITION OF "SUBDIVISION"; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 33-91 is on file in the official Ordinance 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. 33-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.G. Ordinance No. 30-91. Ordinance No. 30-91, amending the Land Development Regulations by enacting new paragraphs to provide for procedures the Historic Preservation Board shall follow prior to desig- nating a site as being historic, including provisions for public hearing and for approval by the Commission, 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. This material was inadvertently omitted during the preparation of the LDR document. The City Manager presented Ordinance No. 30-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SUBSECTION~ 4.5.1(C), "DESIGNATION PROCEDURES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY RENUMBERING EXISTING PARAGRAPH 4.5.1(C) (3) TO 4.5.1(C) (8), AND BY ENACTING NEW PARAGRAPHS 4.5.1(C) (3) TO 4.5.1(C) (7) TO PROVIDE FOR PROCEDURES THE HISTORIC PRESERVATION BOARD SHALL FOLLOW PRIOR TO DESIGNATING A SITE AS BEING HISTORIC, INCLUDING PROVISIONS FOR PUBLIC HEARING AND FOR APPROVAL BY THE CITY COMMISSION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 30-91 is on file in the official Ordi- nance Book) -13- 3/26/91 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. Mayor Lynch stated he is opposed to Ordinance 30-91, as it would mean the Historic Preservation Board could designate a property with the owner being against it, and it would take four (4) Commission votes to approve it. He stated the Historic Preservation Board should not be able to designate property without the owners permission. Dr. Alperin stated the Historic Preservation Board does not designate an historic site. The Historic Preservation Board makes a nomination to the City Commission and the City Commission has the final say. The City Manager stated that if the owner objects, the property can always be designated if four (4) members of the City Commission voted in favor of it. Mr. Randolph moved for the adoption of Ordinance No. 30-91 on Second and Final Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mow - Yes. Said motion passed with a 3 to 2 vote. PUBLIC COMMENT ll.A.1. Jerry Kleiner, President of Town and Country Condos, stated, with regard to the Stormwater adjustments, there is a disparity of charges between condos. Mayor Lynch recommended Mr. Kleiner discuss this matter with Rob Taylor. ll.A.2. Lorraine Kasper, 3000 Spanish Trail, stated the City needs to streamline calls for reporting violations and enforce the sprinkling water restrictions. ll.A.3. Benjamin Baldwin, 522 Lawrence Road, Guardians President, stated his group would strongly prefer a black police chief, but would be satisfied with someone who has had years of experience as a chief. He stated the Guardians have drawn up a five-year plan to make the department more sensitive to minorities and they feel it would be beneficial to the City. ll.A.4. Murray Kalish, 6201 Stanley Lane, stated he would like to speak on the issue of the proposed car wash and Shell Station on the corner of Military Trail and Atlantic Avenue. Mayor Lynch advised Mr. Kalish that this issue is an agenda item but he will be allowed to speak when it comes up. ll.A.5. Jack Babich, 14796 Bonaire Blvd, stated he would also like to speak on the issue of the car wash and Shell Station. -14- 3/26/91 Mayor Lynch advised Mr. Babich that he, too, will be allowed to speak when it comes up. ll.A.6. Murray Donnazita, 2115 N.W. 15th Place, gave the Mayor and Commissioners a letter relative to a 1986 permit for installing windows in his home. Mayor Lynch recommended the City Manager get a copy of the letter from Mr. Donnazita and have staff look into the matter. ll.A.7. Pastor L.C. Johnson, Community Churches United, stated the city should hire a Police Chief who will be sensitive and knowledgeable about minority issues. He further stated the City needs a Police Chief who is concerned about achieving a racial balance and consideration within the department. ll.A.8. Mark O'Neill, 49 N.W. 10th Avenue, stated he was very concerned about the Police Department. He feels people should be given a second chance; they deserve the same respect and consideration as the police expect. ll.A.9. Willie May Cook, 318 N.W. 1st Avenue, stated on February 13, 1991, her children went to Parker's Kitchen( located on the corner of 7th Avenue and Atlantic Boulevard) to get an order of food. An officer approached them and arrested her son. She feels it is terrible that kids cannot go to Parker's Kitchen to eat without being arrested. ll.A.10. Virginia Snyder, 38 S. Swinton Avenue, spoke of a woman who was injured by a police officer. Lieutenant Muscoe went to the woman's house and informed her to keep all of her medical receipts and they would be taken care of. The public portion was closed. The City Manager expressed his concern about the use of foul language and excessive force by police officers. The City has a com- plaint process that people need to follow in order to eliminate the officers who are abusive and who curse people. Witnesses have to be willing to submit a complaint in order for the City to go through the investigation process. Police officers have rights under the Police- men's Bill of Rights and they have to follow certain procedures. Mayor Lynch stated the City Manger and Interim Chief Lincoln will be looking into this matter and hopefully it will soon be resolved. He also recommended not having this issue blown out of perspective and respect the police officers who are doing a good job. FIRST READINGS 12.A. Ordinance No. 23-91. Ordinance No. 23-91, rezoning vacant property located on the east side of Palm Square, just south of East Atlantic Avenue from Residential (RM) Zoning District to Community Facilities (CF) Zoning District in order to accommodate parking for commercial uses, is before the Commission for consideration on First -15- 3/26/91 Reading. Planning and Zoning Board recommend approval (7-0 vote). If passed, Public Hearing will be held April 9, 1991. The City Manager presented Ordinance No. 23-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 58 AND 91 OF A SUBDIVISION OF BLOCKS 125 AND 133 OF THE CITY OF DELRAY BEACH, FLORIDA, KNOWN AS PALM SQUARE, AN UNRECORDED PLAT; SAID LAND BEING LOCATED ON THE EAST SIDE OF PALM SQUARE, BETWEEN EAST ATLANTIC AVENUE AND S.E. lST STREET; 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. The City Attorney stated this item is related to previous items and it may be continued until the Regular Meeting of April 23, 1991. David Kovacs stated this item should be coordinated with the conditional use action and then brought back for a Public Hearing. Mr. Andrews moved for the adoption of Ordinance No. 23-91 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. Mr. Mouw requested the City Attorney review Mr. Deponte's letter which will be discussed at a Public Hearing. 12.B. Ordinance No. 35-91, annexing a vacant parcel located at the northeast corner of Barwick Road and Atlantic Avenue with an initial City zoning of Community Facilities (CF) to facilitate the construction of Middle School HH-2, is before the Commission for consideration on First Reading. Planning and Zoning Board recommend approval (6-0 vote) If passed Public Hearing will be held April 23, 1991. The City Manager presented Ordinance No. 35-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A.29.49 ACRE PARCEL OF LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF WEST ATLANTIC AVENUE AND BARWICK ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE -16- 3/26/91 RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT; 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. 35-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Sandy Talbott, 3901 Maurice Drive, stated that if the City annexes property to construct Middle School HH-2, it is in violation of Florida State Statute 235.19. This Statute investigates current and projected use of property adjacent to the proposed site to show that such uses are not compatible with the operation of the proposed educa- tional facility. There are three (3) establishments that sell alcoholic beverages within 300 feet. Statute 235.19, fourth (4th) paragraph states the site shall not be located in any path of airports, railroads or through highways. Mayor Lynch requested the City Attorney look into the issues raised by Ms. Talbott, prior to the Public Hearing. At this time the roll was called to the motion. 12.C. Ordinance No. 36-91. Ordinance No. 23-91, amending the Code of Ordinances to provide for a change to the definition of "Continuous Service" to allow for benefit eligibility to continue during military service; to provide for a change in the length of terms of service for Pension Board members to two years; and to provide that the Secretary of the Pension Board of Trustees shall be a member of the Board, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 9, 1991. The City Manager presented Ordinance No. 36-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRATION" CHAPTER 33, "POLICE AND FIRE DEPARTMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60 "DEFINITIONS" TO PROVIDE FOR A CHANGE TO THE DEFINITION OF "CONTINUOUS SERVICE", PARAGRAPHS 2(a) AND (b) TO ALLOW FOR BENEFIT ELIGIBIL- ITY TO CONTINUE DURING MILITARY SERVICE; AMENDING SECTION 33.65 (B) "ADMINISTRATION", TO PROVIDE FOR A CHANGE IN THE LENGTH OF TERMS OF SERVICE FOR PENSION BOARD MEMBERS TO TWO YEARS; AND AMENDING SECTION 33.65 (I), TO PROVIDE THAT THE SECRETARY OF THE PENSION BOARD OF TRUSTEES SHALL BE A MEMBER OF THE BOARD; -17- 3/26/91 PROVIDING A SAVING ~LAUSE; 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. 36-91 on First Reading, 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. 12.D. 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", and providing that all signs and marking relating to off-street parking shall comply with M.U.T.C.D. design criteria, except that the City Engineer or his designee may waive such compliance on a case-by-case basis, and provid- ing an appeal process, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held April 9, 1991. 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 MARKING"", AND PROVIDING THAT ALL SIGNS AND MARKINGS SHALL COMPLY WITH M.U.T.C.D. DESIGN CRITERIA EXCEPT THAT THE CITY ENGINEER, OR HIS DESIGNEE, MAY WAIVE SUCH COMPLIANCE ON A CASE-BY-CASE BASIS; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 19-91 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. At this time the Commission returned to the Regular Agenda. 9.C. This item was removed from the Agenda. 9.D. Conditional Use Approval/pak Square. The Commission is to consider a request for conditional use approval for a major modification to the Oak Square Residential Treatment Center located at 2702 N. -18- 3/26/91 Federal Highway. Planning and Zoning Board recommend approval (6-0 vote). Mr. Andrews moved approval of the conditional use approval for Oak Square, 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.E. Conditional Use Approval/Shell. The Commission is to consider a request for conditional use approval for a major modification to convert an existing Mobil gasoline station, located on the southeast corner of Atlantic Avenue and Military Trail, to a Shell gasoline station. Planning and Zoning Board recommend approval (6-0 vote). Murray Kalish, 6021 Stanley Drive, stated this area has such a heavy traffic flow and by authorizing a car wash it would be creating a greater amount of traffic and therefore a greater amount of accidents. Jack Babich, 14796 Bonaire Boulevard, stated there are enough car washes in that area and by authorizing another one on such a busy intersection it will be causing nothing but traffic congestion. Jack Kellerman, 1382 High Point Way, stated this area has the worst traffic situation in Palm Beach County, and he doesn't see how a car wash can be justified. Bill Duffy, Project Engineer representing Shell, stated the car wash uses a recycle system, fresh water is for rinse only, the rest is recycled. The water used will be City water and it has to be approved by South Water Management. Mr. Andrews stated there are six (6) lanes going through the car wash and it will cause a phenomenal backup. The car wash is not a problem provided that the number of lanes to fill gas is reduced sub- stantially. Mr. Andrews moved for denial of the conditional use, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - No. Said motion failed with a 3 to 2 vote. Dr. Alperin moved for a continuance of this item until the next Regular Meeting of April 9th, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 2 vote. 9.F. Request for Waiver of the Land Development Re~lations. The Commission is to consider a request from the Harbourside Condominium Association for a variance to construct a 125 foot long by 5 foot wide marginal pier with a 55 foot long by five foot wide "L" section and a request for waiver of the requirement to install a wastewater pump out station. -19- 3/26/91 Les Strader, attorney representing the owners of Harbourside, stated the Condominium Association sent notice to the owners seeking modifications for which they would not be charged or assessed. The owners are seeking a postponement which will give them the opportunity to address the Condominium Board and allow this matter to go to the appropriate location while allowing thee unit owner their rights under the Condominium Statute. Jim Daniels, Harbour Committee for Riverside, stated seventy- five percent (75%) of the people in the condominium voted for the variance. The needed permits are in order and the Condo Board would like the variance honored. John Grant, Engineer, stated he was asked by the Board to evaluate in terms of available dockage. Based on that assessment, drawings were done and sent to the State and the County. Ail the re- quirements have been complied with. Dr. Alperin stated this is an internal problem and the City should not get involved in it. In reply to Dr. Alperin, the City Engineer stated everything was in order and there were no irregularities in the procedure. Dr. Alperin moved approval of the waiver to construct, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.G. This item was removed from the agenda. 9.H. Tri-Party Agreement and Memorandum of Understanding Between the City, Community Redevelopment Agency and First Union Bank. The Commis- sion is to consider approval of an agreement and memorandum of under- standing between the City, the Community Redevelopment Agency and First Union Bank which creates the CRA's Interest Free Loan Program. City Manager recommends approval. In reply to Mr. Randolph, the City Attorney advised the loan is between the applicant and the bank. If the loan is prepaid and a pro-rata rebate is due, or if the applicant has problems, the bank would go against the applicant, as they would do with any bank loan, and the City is not responsible as there is no interest or principle whatso- ever. Dr. Alperin moved approval of the Tri-Party Agreement, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. Civil Engineering Services Contract. The Commission is to consider ranking the top three firms and authorize staff to negotiate and award a contract for Civil Engineering services. -20- 3/26/91 The City Manager stated a number of firms have been recommend- ed. The Decade of Excellence and Water and Sewer bond issues will be divided up among several firms. What is being asked is to draw up a contract with several firms all of which is located in Delray. A selec- tion crew is being selected as expeditiously as possible. Dr. Alperin moved to postpone consideration of the Civil Engineers until after workshop, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.J. Renewal of Contract for Administrative Health Insurance Ser- vices. The Commission is to consider approving the renewal of a con- tract between the City and Anthem Life Insurance Company for the admin- istration of the City's Health Insurance program. City Manager recom- mends approval. Discussion was had by Joe Safford, the Mayor and the Commission regarding the 13% increase and the overall workings of the insurance company. Dr. Alperin moved approval of the renewal contract with Anthem Life Insurance Company, 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.K. Youth Employment Pro~ram. The Commission is to approve a City sponsored Summer Youth Employment Program. Approximate cost of this program is $16,800. Funding to come from various Departmental Accounts. City Manager recommends approval. Mr. Mouw moved approval of the Summer Youth Employment Program, 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. Chan~e Order No. 3. The Commission is to consider approval of Change Order No. 3, to the contract with All Green Lawn Sprinklers, Inc., in the amount of $2,879.90 for a change in landscaping materials for the North Federal Highway Landscaping project. This Change Order increases the overall contract price to $104,444.45. Funding is avail- able in the 1987 Utility Tax Bond/Federal Highway - Linton to North End (Account No. 333-4141-572-61.27). Account balance is $144,098.48. Mr. Mouw moved approval of Change Order No. 3, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. 9.M. Appointment of a Member to The Education Board. The Commission is to consider appointing a member to the Education Board to fill the vacancy created by the resignation of Stephen Raciti to a term ending July 31, 1992. Mayor's appointment. -21- 3/26/91 Mayor Lynch submitted the name of Donald Allgrove. Mr. Andrews moved for the appointment of Donald Allgrove to the Education Board, 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.N. Appointment of a Member to the Civil Service Board. The Commis- sion is to consider the appointment of a regular member to the Civil Service Board to a term ending April 1, 1993. Seat 3 Appointment. Mr. Andrews moved for the appointment of June Henley to the Civil Service Board, 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. 9.0. Resolution No. 23-91. Resolution No. 23-91, transmitting the City Commission's comments regarding the proposed Countywide Future Land Use Element as prepared by the Countywide Planning Council, is before the Commission for consideration. The caption of Resolution No. 23-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TRANSMITTING ITS COMMENTS ON THE PROPOSED COUNTYWIDE FUTURE LAND USE ELEMENT WHICH WAS SUBMITTED TO ALL MUNICIPALITIES FOR A FORTY-FIVE DAY REVIEW AND COMMENT PERIOD PURSUANT TO SECTION 7.8 OF THE COUNTY CHAPTER; EXPRESSING, ONCE AGAIN, ITS FULL ENDORSEMENT OF THE MUNICIPAL LEAGUE'S POSITION WITH REGARD TO THIS COUNTYWIDE FUTURE LAND USE ELEMENT; STRONGLY EXPRESSING ITS CONCERN THAT THE COUNTYWIDE PLANNING COUNCIL HAS GREATLY EXCEEDED ITS JURISDICTION AS SET FORTH IN ARTICLE VII OF THE PALM BEACH COUNTY CHARTER BY INDEPENDENTLY PREPARING DRAFT POLICIES DEALING WITH ELEMENTS OUTSIDE THE SCOPE OF A "LAND USE ELEMENT"; REQUESTING THE PLANNING COUNCIL TO REVISE THE C.F.L.U.E. IN ACCORDANCE WITH THE SUGGESTIONS AND ANALYSIS TRANSMITTED HEREWITH; REQUESTING SUPPORT FROM EACH AND EVERY OTHER MUNICIPALITY WITHIN PALM BEACH COUNTY ON THIS CRITICAL ISSUE; PROVID- ING THAT THIS RESOLUTION BE SENT TO THE PALM BEACH COUNTYWIDE PLANNING COUNCIL, THE PALM BEACH COUNTY MUNICIPAL LEAGUE AND THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 23-91 is on file in the official Resolution Book) Mr. Andrews moved for the adoption of Resolution 23-91, amend- ing it to include the additional consideration regarding objection to procedural role proposal, seconded by Dr. Alperin. Upon roll call the -22- 3/26/91 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.P. Authorization to Institute Legal Proceedings. The Commission is to consider authorizing the City Attorney's Office to institute legal proceedings against the insurance companies representing Aero-Dri. Dr. Alperin moved approval of the authorization to institute legal proceedings, seconded by Mr. Randolph. 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.Q. Procedures for Evaluating Adjustments to Stormwater Utility Assessments. The Commission is to consider approval of the procedures for evaluating adjustments to the Stormwater Utility Assessment in accordance with Ordinance No. 21-91. City Manager recommends approval. Mr. Randolph moved approval of the procedures for evaluating adjustments to Stormwater Utility Assessments, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.R. Approval of Revised Water and Sewer Capital Improvement Plan. The Commission is to consider approval of the revised Water and Sewer Capital Improvement Plan. City Manager recommends approval. Mayor Lynch stated his concern is whether the numbers are right. He would like to see this expedited as soon as possible. Dr. Alperin moved approval of the revised Water and Sewer plan, 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. Mouw moved to amend the agenda by adding Item 9.S., Item 9.T. to stay 8.J. and Item 9.U. to stay 8.0., 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.S. Land Surveying Services Contract. The Commission is consider ranking the top three firms and authorizing staff to negotiate and award a contract for land surveying services. The selection committee recommends awarding contracts to the following firms: 1. Heller-Weaver & Cato, Inc. Lake Worth, FL 2. O'Brien, Suiter & O'Brien, Inc., Delray Beach 3. Survey South, Inc., Delray Beach -23- 3/26/91 Dr. Alperin moved approval for selection of the three firms with staff to prepare consulting contracts, 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. 9.T. (8.J.) Request for use of Stage and Waiver of Rental Fee. The Commission is to consider approval of a request for use of the City's stage to be erected at Miller Park on April 21st for the welcoming ceremony for the U.S. Military Personnel returning from the Persian Gulf and waive the $350 rental fee. City manager recommends approval. Mr. Randolph stated he was concerned with the usage fee, as everyone who wants to use the stage has requested waiving the usage fee. Mayor Lynch requested Joe Weldon, Director of Parks and Recrea- tion, to furnish the Commission with the total cost of setting the stage up, number of hours needed and how much it actually costs the Parks Department. Mr. Randolph moved approval for the waiver of rental fee, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: 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.U. (8.0.) Request for Final Payment/Johnson and Davis. The Commission is to consider approval of a final payment in the amount of $29,773.85 to Johnson and Davis for completion of the S.E. 1st Street drainage project with funding from Decade of Excellence Bond Issue/S.E. 1st Street Drainage (Account No. 225-3161-541-61.41). Account balance $18,228. City Manager recommends approval. Dr. Alperin moved approval for the final payment to Johnson and Davis, 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 13.A.1. Dr. Alperin recommended sending the Mayor and Vice-Mayor to the Sister City Project in Miyazu. Dr. A1perin requested the City Manager to look into this matter and recommend some potential suggestions. 13.A.2. Mayor Lynch stated he and the City Manager met with one of the representatives for this program and hopes this will be a Joint Chamber/ City Commission opportunity to make the Sistership Program what it really should be. The program will be held in Delray on April 29, 1991. He stated he would like to have a consensus for the City Manager to set up a committee to work on this project. 13.A.3. Mayor Lynch stated a citizen has come forward and volunteered -24- 3/26/91 to coordinate the Fourth of July Celebration and would like to get a consensus for the City to support him and give the police and garbage people and facilities that have always been used. 13.A.4. Mayor Lynch stated the Police Department should report more violations when they see them, or anything they see that could be detrimental to public safety. 13.A.5. Mayor Lynch requested the City Manager to employ staff to do a cost estimate for 10th Street. 13.A.6. Mr. Mouw had no comments or inquiries. 13.A.7. Mr. Randolph had no comments or inquiries. 13.A.8. Mr. Andrews agreed with the Mayor with regard for greater enforcement by the Police Department. 13.B.1. The City Manager advised the trip to New York would be to discuss the Water and Sewer Bond Issue. 13.B.2. The City Manager stated Florida Power and Light will be locat- ing the power poles to 10th Avenue next to the Spady School. The cost will have to be paid by the utility company. 13.C.1. The City Attorney had no comments or inquires. Mayor Lynch declared the meeting adjourned at 10:50 P.M. ~' City.~Clerk r ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of March 26, 1991, whim minutes were formally approved and adopted by the City Commission on ~'D~, c~ /~/ . ~ City Cl~rk i NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have -25- 3/26/91 been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -26- 3/26/91