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05-14-91 ~0RRECTED COPY MAY 14, 1991 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, May 14, 1991. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Commissioner Andrews. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Attorney stated that Addendum No. 1, an agreement between the City and Southern Bell, has been withdrawn. Dr. Alperin moved for 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 for approval of the Regular Meeting minutes of April 23, 1991 and Special Meeting Minutes of April 16, 1991, April 30, 1991 and May 7, 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. 6. Proclamations. 6.A. Mr. Randolph read and presented a proclamation proclaiming May 12 through 18, 1991, as "National Historic Preservation Week". Pat Healy-Golembe came forward to accept the proclamation. 6.B. Mr. Andrews read and presented a proclamation proclaiming May 12 through 18, 1991, as "Emergency Medical Services Week". Chief Koen came forward to accept the proclamation. 6.C. Mr. Mouw read and presented a proclamation proclaiming May 13 through 19, 1991, as "Police Week" and May 15, 1991, as "Peace Officers Memorial Day". Acting Police Chief Lincoln came forward to accept the proclamation. 6.D. Mayor Lynch proclaimed May 23 and 24, 1991, as "Delray Ladies Auxiliary of the Jewish War Veterans Week and Poppy Drive". 6.E. Dr. Alperin read a proclamation, proclaiming the week of June 2 through 8, 1991, as "U.S. Coast Guard Auxiliary Flotilla 5-4 - National Safe Boating Week". 6.F. Mayor Lynch proclaimed the week of June 2 through 8, 1991, as "Florida Marine Patrol - National Safe Boating Week". 7. Presentations. Kathy Daley presented a Legislative update regarding the main items as follows: The DDA Bill passed The Child Care Amendment was not approved The CRA Bill passed and will become effective 10/1/91 The Marine Turtle Bill passed Old School Square was granted $250,000 Occupational License/Documentary Stamp Tax Revenues - will be considered next session Reapportionment is an item on the session beginning January 14, 1992 and they would like anything regarding legislation to be filed by September or October. Mayor Lynch stated he learned the Senate killed the bill to place a state-wide speed limit on waterways. He suggested that the City might want to decide for themselves which route to go to get this passed. He requested that the City Attorney review and report any options regarding legality and enforcement. He also requested that staff check with the Marine Patrol as to what and how often they patrol. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Ratification of South Central Regional Wastewater Treatment and Disposal. Board Action. The Commission is to consider ratifying Change Order No. 1 and No. 2 to the Odor Abatement contract for improvements at the SCRWTD Plant in the total amount of $24,167.56. The City's share (50%) is to come from the 1991 Water and Sewer Revenue Bond/SCRWTD Odor Control Upgrade (Account No. 447-5165-536-60.31). Approval is recom- mended. 8.B. Ratification of Golf Course Rebate Policy. The Commission is to consider ratification of a golf course rebate policy which provides for the reimbursement of 16% of the pre-paid fees to annual permit holders as compensation for the closure of the golf course for repairs. Approval is recommended. 8.C. Modification to Agre?ment for Architectural Services/Fire Station No. 2. The Commission is to consider approval of a modification -2- 5/14/91 to the agreement between the City and Currie-Schneider which provides for payment of an additional $25,000 for basic architectural services rendered to complete Fire Station No. 2. Approval is recommended. 8.D. Guaranty Agreement. The Commission is to consider approval of a guaranty agreement between the City and Dan Burns which provides a guarantee of $25,000 in private funding for the Fourth of July fireworks display. Approval is recommended. 8.E. Agreement Between the City and Florida Department of Natural Resources. The Commission is to consider approval of an agreement between the City and Florida Department of Natural Resources for the reimbursement of a portion of the costs associated with the Beach Renourishment Project. Approval is recommended. 8.F. Staff Recommendation for Waiver. The Commission is to consider approval of a staff recommendation to waive the landscape requirements for perimeter landscaping along a right-of-way adjacent to Mayfair Plaza. Approval is recommended. 8.G. Initiation of Rezoning. The Commission is to consider initiat- ing a petition for rezoning of the Rubin property located at 1325 South Ocean Boulevard from Medium Density Residential (RM) District to Low Density Residential (RL) District. Approval is recommended. 8.H. Resolution No. 31-91. Resolution No. 31-91, assessing costs for abatement action required to remove nuisances on 31 properties located throughout the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 31-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. (Copy of Resolution No. 31-91 is on file in the official Resolution Book) 8.I. Resolution No. 34-91. Resolution No. 34-91, assessing costs for abatement action required to board up an unsafe structure at 1026 S. Dixie Highway, is before the Commission for consideration. Approval is recommended. -3- 5/14/91 The caption of Resolution No. 34-91 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. 34-91 is on file in the official Resolution Book) 8.J. Resolution No. 35-91. Resolution No. 35-91, amending Resolu- tion No. 24-91 to correct the costs assessed against nine properties for the abatement of nuisances, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 35-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORDIA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING RESOLU- TION NO. 24-91, CORRECTING COSTS OF CERTAIN NUISANCE ABATEMENTS, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 35-91 is on file in the official Resolution Book) 8.K. Resolution No. 36-91/Contract to Purchase Property. Resolution No. 36-91, authorizing the purchase of property located at 521 N.W. 2nd Street from Barnett Bank's Trust Company and approve the contract for purchase of said property, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 36-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM THE SELLERS CERTAIN REAL PROPERTY IN THE CITY OF DELRAY -4- 5/14/91 BEACH, WHICH PROPERTY IS LOCATED WITHIN BLOCK 18 OF THE TOWN OF LINTON, CITY OF DELRAY BEACH, FLORIDA, AND WHOSE STREET ADDRESS IS 521 N.W. 2ND STREET, HEREBY INCORPORAT- ING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CON- TRACT FOR SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 36-91 is on file in the official Resolution Book) 8.L. Authorization to File Appeals to the 4th District Court of Appeal. The Commission is to consider authorizing the City Attorney to file appeals to the 4th District Court of Appeal regarding orders from the Circuit Court which awarded attorney fees to Purvin Industries and Lawrence and John Razete in connection with the Aero-Dri case. Approval is recommended. 8.M. Award of bids and contracts. 1. Improvements to the North Water Storage and Pump Station - Environmental Services - Elkins Constructors, Inc., in the amount of $806,000 with funding in the amount of $705,500 from Water and Sewer Repair and Replacement (Account No. 441-5178-536-64.11/balance $725,500) and in the amount of $100,500 from 1984 Water and Sewer Revenue Bond (Account No. 441-5162-536-60.93/balance $140,514). 2. Repair of Motor and Pumps - 20 Series Wellfield - Water Resources (sole source) - in the amount of $10,332 with funding from Water and Sewer/WTP Repair and Upkeep Equipment (Account No. 441-5122-536-33.32). Account balance $48,461. 3. Housing Rehabilitation Program - 240 N.W. 9th Avenue - MSL Construction, Inc., in the amount of $10,846.50 and 305 S.W. 12th Avenue - Abissett Corp. in the amount of $12,594.75 with funding from Housing Rehabilitation (Account No. 118-1963-554-60.23). Account balance $131,173.62. Approval is recommended. Mr. Andrews moved for approval of the Consent Agenda, 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 April 23 through May 13, 1991. -5- 5/14/91 Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.B. Request for Determination. The Commission is to consider a request for determination with regard to the applicability of height limitations in the Single Family Residential (R-1AA) Zoning District. David Kovacs, Director of Planning, stated the City has a situation where a person would like to build a two story home on South Ocean atop a dune, which will be in violation of the 35 foot height requirement above the crown of the road. There are three options before the Commission, as follows: 1) the Code states there will be no excep- tions; 2) utilization of authority under Section 30.15; and 3) the waiver process. He suggested a fourth option could be to create a mechanism that would allow the granting of waivers for two story homes. The Commission concurred to direct the City Attorney and Mr. Kovacs to draft an exemption ordinance, including satisfactory language on the grade, and return to the Commission in two weeks for First Read- ing. 9.C. Buyout Agreement - Golf Course Restaurant. The Commission is to consider a proposed agreement to buy out BLS Service, Inc.'s, inter- est in the golf course restaurant. Assistant City Manager Barcinski advised that staff is seeking direction from the Commission regarding the buyout proposal from BLS Services, Inc., in the amount of $38,000, plus inventory. Upon a review of the assets by staff, they are of the opinion that the City would have no use for some of those assets that amount to nearly $5,000. This would reduce the amount to $33,000. A representative from BLS Services, Inc., stated they were advised by Kroll Realty that the $38,000 figure is a fair amount. David DeMuth, Kroll Realty, stated they sell between twenty and thirty restaurants a year and he feels that the asking price of $38,000 is ridiculously low. Mr. Randolph expressed the opinion that, since the City took over the operation of the Golf Course, he would be happy to see the entire operation under one contract. Mayor Lynch also commented that he is in favor of one contract. Upon question, the City Attorney stated the only money the City plans to spend is the $400,000 on the Golf Course itself. There were no renovations contemplated beyond that. Mr. Randolph moved to proceed with the buyout at $33,000 plus the cost of inventory, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. -6- 5/14/91 Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. Before roll call, the City Attorney advised he will submit a formal agreement to the Commission for approval as soon as it can be worked out. At this point, the time being 7:05 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS 10.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 a 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 Second and FINAL Reading. The Planning and Zoning Board recommend 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. 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. 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. 23-91 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. Digby Brid.ges, Architect, gave a brief update on the condition- al use request to establish parking facilities. Priscilla Randall, 86 MacFarlane Drive, stated she appreciates the downtown development concerns, but would also like to make the Commission aware of the homeowners who live directly across from the proposed commercial dock and the impact it will make on their lives. -7- 5/14/91 Sandra Alm¥, 1103 Vista Del Mar, speaking for the Beach Pro- perty Owners Association, reminded the Commission that noise does travel across water and requested that they include a time restriction in consideration of the residents in the area. Aleda Riley, 65 Palm Square, referred to a map she received from the Army Corp of Engineers, showing the waterway and stated that a gentleman from the Corp called her and explained that there are to be no obstructions within 60 feet of the waterway. Charles Barrett, 54 Marine Way, stated Marine Way is a dead end street and if a person inadvertently turns there, there is a sign indicating a turn around. Upon question, Mr. Bridges advised this will not be touched. Mr. Kovacs also confirmed that there is a specific condition that there be no utilization of Marine Way. Richard Raab, 50 Palm Square, stated he feels it's wonderful that the citizens have an opportunity to stimulate the downtown area near the waterfront. He requested that the Commission please endorse this. The public hearing was closed. Considerable discussion followed between the Commission, Mr. Bridges and Mr. Kovacs. Mr. Mouw moved for the adoption of Ordinance No. 23-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. 10.A.1. Conditional Use Approval/Parking Lot. The Commission is to consider a requeSt for a conditional use approval to construct parking facilities on vacant property located on the east side of Palm Square, just south of East Atlantic Avenue. The Planning and Zoning Board recommend approval (6-1 vote). Mr. Andrews moved for approval of the conditional use for paving the lot in the CF Zoning District, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. 10.A.2. Conditional Use Approval/Stillwater Cruises. The Commission is to consider a request for a 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. The Planning and Zoning Board recommend approval (6-1 vote). The Historic Preservation Board recommends denial. Mr. Andrews moved for approval of the conditional use approval of a boat ticket sales office and the accessory uses, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - -8- 5/14/91 Yes; Mr. Randolph - No; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - No. Said motion FAILED with a 3 to 2 vote. 10.B. Ordinance No. 41-91. Ordinance No. 41-91, amending Chapter 52 "Water" of the Code of Ordinances to provide for a decrease in the guarantee-of-payment deposit for utilities, 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. 41-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBHEADING "BILLINGS", SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", TO PROVIDE FOR A DECREASE IN THE GUARANTEE-OF-PAYMENT DEPOSIT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 41-91 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. 41-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately followinq Public Hearings. ll.A.1. The City Manager stated a response has been received from the County regarding a request for a left turn signal on West Atlantic Avenue at the Barnett Bank. After conducting a traffic study at that location, they learned that left turn signals are not warranted there. He has requested a copy of the study from the County in order to better explain to the citizens of the community the reason for their decision. ll.A.2. The City Manager stated there was a request from Mary Lou Jamison for a Workshop to discuss Swinton Avenue, and that has been done. ll.A.3. The City Manager stated Alice Finst commented at the last meeting with regard to signs and that is in the process. This item will -9- 5/14/91 soon be coming before the Commission with recommended changes to the Sign Code. ll.A.4. The City Manager noted that there was opposition to the school at Barwick Road and Atlantic Avenue; however, they are moving forward with the site. ll.A.5. The City Manager stated Ms. Wright had spoken at the last meeting about the Geographic Area of Exception and it was his under- standing that it had been adequately addressed. There are other things in progress for that area, but some dialogue is obviously needed in a different form other than letters being presented at Regular Meetings. Mayor Lynch commented that he would like to add, just for the record, that the general area of exception being requested is being requested by the CRA and not the City Staff. Mayor Lynch also stated that neither the CRA nor City Staff recommended displacement of people in this area; that was a proposal that was never voted on or agreed to. ll.B.1. Irving Kendall, resident of Delray Beach, stated last July the Commission held a Workshop Meeting at which possible amendments to the City Charter were discussed. He proposed legislation that would endorse two memoranda that were issued in 1984 and 1985 questioning certain offices and their employees to avoid the appearance of impropriety. He requested that these memos be converted into the law of the City. On April 12, 1991, Assistant City Attorney Ruby forwarded to the Commission a copy of a precedent-setting resolution. He stated he feels the people of this City are entitled to municipal government whose officials possess integrity. He urged the passage of this resolution to ensure that the City of Delray be the first City in the nation to elevate standards of conduct for public officials and authorities and to recog- nize the existence of a powerful, but solvent tax force for good govern- ment. ll.B.2. Deborah Wright, President of West Atlantic Property Owners Association, stated she received a letter clarifying the position of the WAPOA regarding the Geographic Area of Exception (GAE). It is her understanding that the West Atlantic Area is going to be excluded from the current study, until another study is done later. She questioned the necessity for this area always being considered last and also if, in fact, the study will indeed be made later. Another concern of the citizens group is the quality differences between east and west in the improvement projects such as street lights and paver bricks. FIRST READINGS 12. There were no First Readings. At this point the Commission returned to the Regular Agenda. 9.D. Interlocal Agreement Between the City and Palm Beach CountY School Board. The Commission is to consider entering into an interlocal agreement with the Palm Beach County School Board for the development of an Elementary School ("S") to be located on vacant land south of Linton -10- 5/14/91 Boulevard and east of Military Trail. The City Manager recommends approval. Upon question by Mr. Andrews relative to the funding for street refurbishing, the City Manager responded that the only cost the City will be accountable for is the cost of constructing turn lanes on Military Trail and the School Board will pay the cost of the two lanes to service their site. When the property further to the east is devel- oped, the developer of that property will pay the cost of increasing the access road to a four-lane facility, if that is what is needed to service the development. The City will also pay the cost of installing traffic signals and money is available in the budget on an annual basis for signals. Dr. Alperin commented that the Commission should be aware that the City of Delray has gone further out of their way than most govern- ments in order to accomplish situations such as this. Upon question, the City Manager stated there was discussion regarding having a park immediately adjacent to this 20-acre parcel in order to share ballfields, etc. Mr. Mouw objected to nonpayment of the stormwater runoff by the School Board. The City Attorney explained this is an assessment for which churches and schools are exempt. Dr. Alperin objected to Clause 14, referring to termination of the agreement. The City Attorney advised that, in this case, the City is dealing with a situation where that clause will become effective if they do not acquire the land. Dr. Alperin questioned why this cannot be made specific; that is, once the land is acquired, have that clause amended, so it will no longer be valid. Dr. Alperin moved for approval of the Agreement, contingent upon the City Attorney requesting a limitation on Clause 14, 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.E. Gulfstream Boulevard Beautification. The Commission is to consider changes to the design for the Gulfstream Boulevard Beautifica- tion Project and to authorize staff to proceed with this project. Lula Butler, Director of Community Improvement, gave a brief explanation of the different schemes and how they were designed. She stated Scheme #3 has been reduced to a total amount of $53,056, by doing a different cost on eliminating some of the Royal Poincianas and a different spacing of the ground coverage. Mr. Andrews moved for approval of Scheme #3 in the amount of $53,056, including the requirement that he (Mr. Andrews) appears before the City of Boynton, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. -11- 5/14/91 Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. Authorization to Submit a Joint Application. The Commission is to authorize staff to submit a joint application through the Northern Palm Beach County Water Control District to the U.S. Environmental Protection Agency for a National Pollutant Discharge Elimination System (NPDES) Municipal Permit. The City Manager recommends approval. Dr. Alperin suggested that anytime the City has a mandate from Federal, State or other government agencies, a record of the cost should be maintained and then bill it back to them. The Commission concurred. Dr. Alperin moved that they jointly file through the North Palm Beach County Water Control District for a National Pollutant Discharge Elimination System Municipal Permit, 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.G. Appointment of a Regular Member to the Board of Adjustment. The Commission is to consider the appointment of a member to the Board of Adjustment to fill the unexpired term of Kyle Kopytchak which expires August 31, 1991. This is a Seat 1 appointment. Mr. Mouw moved to appoint Scott Bechtle to fill the unexpired term, 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. Mr. Andrews left the Commission Chambers at this time. 9.H. Resolution No. 38-91. Resolution No. 38-91, establishing the Drug Task Force as an advisory body to the City Commission with a sunset date of June 1, 1992, is before the Commission for consideration. The City Manager recommends approval. The City Manager presented Resolution No. 38-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE DELRAY BEACH DRUG TASK FORCE AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVID- ING FOR THE AUTHORITY OF SAID TASK FORCE; PROVIDING FOR THE COMPOSITION OF SAID TASK FORCE AND THE RATIFICATION OF MEMBERSHIP APPOINTMENTS BY THE CITY COMMISSION; PROVIDING AN EFFECTIVE DATE AND SETTING A SUNSET DATE. (Copy of Resolution No. 38-91 is on file in the official Resolution Book) -12- 5/14/91 Mayor Lynch requested that this be modified to include a quarterly update. Dr. Alperin moved for the adoption of Resolution No. 38-91, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.I. Resolution No. 39-91. Resolution No. 39-91, amending the budget for Fiscal Year 1990/91, is before the Commission for considera- tion. The City Manager recommends approval. The City Manager presented Resolution No. 39-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 1-91 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1990-91, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE WATER AND SEWER FUND FOR THE FISCAL YEAR 1990-91; TO REPEAL ALL RESOLUTIONS AND ORDINANCES INCONSISTENT HEREWITH. (Copy of Resolution No. 39-91 is on file in the official Resolution Book) Joe Safford, Finance Director, Yvonne Kincaide, Budget Officer, and the City Manager answered questions and supplied detailed explana- tions to the Commission, upon request, with regard to various items. Mr. Andrews returned to the Commission Chambers at this time. Dr. Alperin moved for the adoption of Resolution No. 39-91, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.J. WITHDRAWN. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Dr. Alperin questioned the cutback of the seagrape. The City Manager stated he would check into this and report back to the Commis- sion as to how often this is done. 13.A.2. Mr. Mouw questioned the reason for the brown areas that have recently appeared in the new grass on West Atlantic Avenue. Ms. Butler responded that there are problems with some of the berms and they are trying to locate the problem. 13.A.3. Dr. Alperin questioned why the mulch cannot be kept low and not allowed to overflow, as opposed to constantly purchasing more. Mayor Lynch stated it will be checked on. -13- 5/14/91 13.A.4. Mr. Randolph expressed his concern regarding the backup of traffic at the BP Station located at the corner of Military Trail and Atlantic Avenue. 13.A.5. Mr. Andrews thanked Joe Weldon, Director of Parks and Recrea- tion, for assisting him in the survey of the landscaping and compliment- ed him on the transplant revival. 13.A.6. Mayor Lynch questioned the status of Swinton regarding the beautification money, etc. The City Manager stated part of the problem is that the project is not well-defined. Ms. Butler commented there are a number of problems since the City does not have control of the entire street and because it is divided into three phases. The City Manager stated the design work is underway, but the jurisdiction of the roadway is a major factor at this time. 13.A.7. Mayor Lynch stated he is concerned about the speed limit on the Intracoastal Waterway and Lake Ida and feels the Commission should take a serious look at this. 13.A.8. Mayor Lynch questioned the status of Bob Sylvester. The City Attorney stated those things will be resolved. 13.A.9. Mayor Lynch stated Office Depot will begin moving into the City on June 1st, completing the move by October 1st. He was pleased to hear from the Chairman of the Board that he has been welcomed by the City and well-treated by staff. 13.A.10. Mr. Andrews questioned the status on Pineapple Grove. Ms. Butler stated there were some problems with engineering work and the Engineering Department has gone back to the drawing board and hopes to have this back to her by Monday. Within two weeks it should be ready to go to bid. 13.B.1. The City Attorney stated there were items in the Don West matter that he felt were exempt because of an ongoing internal affairs investigation; however at the trial, it was determined by the Judge that those items should be disclosed. An appeal was filed, but the City lost the case and, in public record situations, the attorneys fees are granted to the opposite side if the case is lost. The amount of the fee is in excess of $18,000. If a check is submitted to James K. Green, P.A., by Friday, May 17, 1991, a settlement for $14,000 will be accept- able. Mr. Randolph voiced his concern regarding this situation and expressed the hope that this never happens again. The Commission concurred with a 4 to 1 consensus to submit a check in the amount of $14,000 to James K. Green, P.A., as settlement of attorney fees. 13.C.1. The City Manager stated a letter has been received from Tri-Rail indicating they are looking at a temporary site behind the -14- 5/14/91 South County Courthouse on Congress Avenue and would like the support of the Commission. The Commission concurred with a vote of 5 to 0. Mayor Lynch declared the meeting adjourned at 9:00 P.M. J Ci-~Y ~Clerk / 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 May 14, 1991, which minutes were formally approved and adopted by the City Commission on ~/ ~F /99/ · ! , 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. -15- 5/14/91