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06-25-91 JUNE 25, 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 6:15 P.M., Tuesday, June 25, 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 Hickem of The First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin moved approval of the agenda with the Declaration of Emergency to add 9.J.l., Addendum No. 1, 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 June 11, 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. Dr. Alperin moved approval of the Special Meeting minutes of June 18, 1991, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. A. Mayor Lynch presented a proclamation proclaiming July 4, 1991 as "Florida Freedom Day". B. Mayor Lynch read and presented a proclamation proclaiming the month of July 1991 as "Recreation and Parks Month". Joe Weldon, Director of Parks/Recreation and Anne Nelson, Recreation Supervisor II, came forward to accept the proclamation and invited the public to join them for the fun filled month of July. 7. Presentations. A. Mr. Lawrence Parker presented a plaque to the City of Delray Beach on behalf of the American Red Cross. Consent Agenda City Manager Recommends Approval 8.A. Approval of.~.greement and General Release. The Commission is to approve an agreement and general release between the City and Palm Beach County School Board South Technical Education Center which pro- vides that the City will donate to South Tech an abandoned, City-owned, semi-trailer which will be used to conduct hazardous materials training. 8.B. Acceptance of Easement Deed. The Commission is to approve acceptance of an easement deed from Morse Saturn for the installation and maintenance of a water main that will service the Falterbauer property which is located on the east side of Old Dixie Highway between La Mat Avenue and Avenue H. 8.C. Final Plat Approval. The Commission is to consider approving the final plat for the Falterbauer property located on the east side of Old Dixie Highway between La mat Avenue and Avenue H, waive the re- quirement to install a side walk along Dixie Highway and require that the property owner provide a guarantee bond for the installation of a fire hydrant. Approval is recommended, subject to the following condi- tions: A. Approval of HRS permits for the water main; B. Submission of a recorded off-site water main easement; C. Provide certified cost estimates for water main; and D. Make the following changes to the plat: Change all dates to 1991 for approvals or signature spaces; . Change dedication of utility easement to read "utility easement is hereby dedicated to the public as noted", And, recommend that a waiver from Section 172.17 (Sidewalk) be granted. 8.D. Final Plat Approval. The Commission is to consider approval of the final plat for A.H.C. #3 Plat, also known as the Hess Gasoline Station site, located on the east side of Military Trail between Atlan- tic Avenue and the L-33 Canal. 8.E. Resolution No. 51-91. Resolution No. 51-91, requesting that the Palm Beach County Board of County Commissioners consider certain -2- 6/25/91 amendments to the Traffic Element of the Palm Beach County Comprehensive Plan, is before the Commission for consideration. The caption of Resolution No. 51-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS CONSIDER CERTAIN AMENDMENTS TO THE TRAFFIC ELEMENT OF THE PALM BEACH COUNTY COMPRE- HENSIVE PLAN. (Copy of Resolution No. 51-91 is on file in the official Resolution Book) 8.F. Authorization To Submit Grant Application. The Commission is to consider authorizing staff to submit a grant application to the Florida Division of Forestry, National Small Business Tree Planting Program, for matching grant funding in the amount of $19,100 to make landscape improvements at the Boy Scout Hut located on Lake Ida Road. City match to come from 1987 Utility Tax - Boy Scout Hut (Account No. 333-4141-572-61.37). Account balance $19,000. 8.G. Award of Bids and Contracts. 1. Service Agreement/Communication Systems - Police and Fire Department - Motorola Communications and Electronics, Inc. in the amount of $55,755 with funding from Police Support Repair and Upkeep Equipment (Account No. 001-2113-521-33.32). Account balance $45,385. 2. Carpeting - City Clerk's Office, Budget Office and Finance Department - Contract Floor covering Systems, Inc. and Corporate Relocation Management in the total amount of $16,456.80 with funding from 1987 Utility Tax Capital - Build- ing (Account No. 333-3461-519-60.31). Account Balance $18,228. Dr. Alperin moved approval of the Consent Agenda, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. In reply to Mayor Lynch, Lula Butler, Director of Community Improvement, stated the widening of Lake Ida Road will not affect the Boy Scout Hut building. 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 June 11 through June 24, 1991. Dr. Alperin moved to receive and file the appealable land development actions, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. -3- 6/25/91 Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. Request for.Funding. The Commission is to consider a request from Jeanne Chwalik, Director of the South Florida Dynamics, for funding to defray cost of taking a twirling team to the national competition being held at the University of Notre Dame during the week of July 21 through 27, 1991. Mr. Randolph moved approval of a donation in the amount of $821.64, seconded by Dr. A1perin. Upon roll call the Commission voted as follows: Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. 9.C. Palm Beach County .Comprehensive Plan. The Commission is to consider the Planning and Zoning Board's comments with regard to the proposed amendments to the Palm Beach County Comprehensive Plan. At this time, Dr. Alperin left the Commission Chambers. Mr. Andrews moved to formally object to the addition of S.W. 10th Avenue and Lindell Boulevard to the County Thoroughfare Protection Plan, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. Dr. Alperin returned to the Commission Chambers. 9.D. Reconsideration of Final Plat Approval. The Commission is to reconsider the final plat for Rebecca's Landing located south of Linton Boulevard, adjacent to Harbor Villas. Mayor Lynch recommended this item be remanded to David Kovacs, Planning and Zoning Director, for arbitration. Mr. Andrews moved approval of the dock, fifteen (15) feet to the west of the new east property line. Motion died for lack of a second. Mr. Mouw moved to approve the plat as presented with the stipulation that any finger pier extending through the north from the property line be located no closer than thirty-seven feet (37) feet from the east property line. Motion died for lack of a second. Mayor Lynch passed the gavel to Vice-Mayor Randolph. Mr. Lynch moved to remand this item to the Planning Director for negotiation, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Vice Mayor Randolph - Yes; Mr. Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. PUBLIC HEARINGS -4- 6/25/91 At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10.A. Ordinance No. 44-91. Ordinance No. 44-91, rezoning a portion of the Holland property located on Linton Boulevard adjacent to the South County Mental Health Center and BocaRay Center from Planned Office Center (POC) District to Community Facilities (CF) District, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 44-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING THE SOUTH 50 FEET OF THE WEST 95 FEET OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN OLD GERMANTOWN ROAD AND MILITARY TRAIL; 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. 44-91 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 following people spoke in opposition of this project: Arthur Jackel, Helen Coopersmith, Sam Schwimmer, E.P. Guiliano, and Alice Finst. At this point, the time being 7:15 P.M. a recess was called. The time being 7:20 P.M., the meeting reconvened. Bill Schwartz, representing Del-Aire, spoke in opposition. Mary Lou Jamison, discussed the need for emergency communica- tion facilities in the event of of a natural disaster. Lee Starke¥, representing Bell South, spoke on behalf of the project. -5- 6/25/91 The public hearing was closed. Dr. Alperin stated he cannot justify this project at this time. Mr. Randolph stated he cannot support this project at this time and would have to support the residents that would be affected. Mr. Mouw moved for the adoption of Ordinance No. 44-91 on Second and FINAL Reading , seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - No. Said motion failed with a 4 to 1 vote. 10.A.1. Request for Conditional Use Approval. The Commission is to consider a request for a conditional use approval to place a Bell South communication tower on the southwest corner of the Holland property located on Linton Boulevard adjacent to the South County Mental Health Center and BocaRay Center. The City Manager noted that this item becomes moot in view of the preceding vote to deny Ordinance No. 44-91. PUBLIC COMMENT ll.B.1. Arthur Jackel, 784 N.W. 25th Avenue, urged the residents of the City to rally and contribute funds for the Fourth of July celebration. ll.B.2. Alice Finst, 707 Place Tavant, stated the beautification on Congress Avenue, from Atlantic Avenue to Lake Ida Road, has medians covered with weeds. She also stated that stemming from a public hearing in the Planning and Zoning Department on January 28, 1991 regarding Capital Improvement Needs, the streets that needed to be repaved in Chatelaine have been repaved, and she expressed her thanks for same. ll.A.1. The City Manager stated, with regard to the truck ordinance, there will be a workshop in order to locate sites for these trucks to be parked and the ordinance is expected to be back at the second City Commission Meeting in July. ll.A.2. The City Manager stated that with respect to the ordinance on eyeseores, this item has been turned over to the City Attorney's office and they are working on it to see what, legally, can be done. ll.A.3. The City Manager stated with regard to the beautification on Congress Avenue, three (3) properties were reviewed and there is not a lot the City can do except to meet minimum standards. FIRST READINGS 12.A. Ordinance No. 42-91. Ordinance No. 42-91, amending the Code of Ordinances by enacting a new subheading, "Pawnbrokers and Secondhand Dealers"; providing a records requirement for Pawnbrokers, which in- cludes obtaining a signature, identification number and thumbprint for -6- 6/25/91 each person from whom an article is pawned, purchased or delivered; and providing for penalties, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 9, 1991. City Manager recommends approval. The City Manager presented Ordinance No. 42-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 118, "SOLICI- TORS AND PEDDLERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW SUBHEADING, "PAWNBROKERS AND SECONDHAND DEALERS"; PROVIDING FOR DEFINITIONS AND EXEMPTIONS; PROVIDING A RECORDS REQUIREMENT FOR SECONDHAND DEALERS WHICH INCLUDES A REQUIREMENT FOR A SIGNATURE, IDENTIFICATION AND THUMB PRINT; PROVIDING FOR PENALTIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 42-91 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.B. Ordinance No. 45-91. Ordinance No. 45-91, amending the Code of Ordinances to provide the definition of "appropriate ground cover" to include plant material which will provide reasonably complete coverage within six months of planting, xeriscape planting, and organic mulches so long as no more than 25% of the front or side yard area is comprised of mulch independent of living plant materials, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 9, 1991. City Manager recommends approval. The City Manager presented Ordinance No. 45-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATION," CHAPTER 100, "NUISANCES," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 100.07, "YARDS AND LANDSCAPE AREAS," BY ADDING A NEW PARAGRAPH (C) PROVIDING A DEFINITION FOR "APPROPRIATE GROUND COVER" TO INCLUDE PLANT MATERIAL WHICH WILL PROVIDE REASONABLY COMPLETE COVERAGE WITHIN SIX (6) MONTHS OF PLANTING, XERISCAPE PLANTING, AND ORGANIC MULCHES SO LONG AS NO MORE THAN 25% OF THE FRONT OR SIDE YARD AREA IS COMPRISED OF MULCH INDEPENDENT OF LIVING PLANT MATERIALS; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. -7- 6/25/91 The City Attorney read the caption of the ordinance. Mr. Randolph moved to table Ordinance No. 45-91 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: In reply to Mayor Lynch, the City Manager stated that the purpose of the ordinance is to bring a nuisance abatement ordinance into conformity with the Landscape Code. The requirements need to be met, but there are no means to enforce the continuation of these require- ments. Lula Bulter stated the Code Enforcement Board is requesting a definition of what is considered to be "appropriate ground cover" The City Attorney stated the Code Enforcement Board could make an independent determination as to what was meant by "appropriate ground cover", but they are having a problem in doing that for a variety of reasons. Mr. Mouw feels this ordinance is inappropriate. Mayor Lynch stated as an ordinance it is too defining and too difficult for a lot of people. Dr. Alperin questioned if there is another alternative to the neighbors who keep their yard in bad condition. At this point the roll was called to the motion. 12.C. Ordinance No. 46-91. Ordinance No. 46-91, rezoning the Rubin property located on the east side of Al-A, north of Linton Boulevard from Residential Medium Density (RM) to Residential Low Density (RL), is before the Commission on First Reading. If passed, Public Hearing will be held July 23, 1991. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 46-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT IN RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) DISTRICT; SAID LAND BEING LOCATED AT 1325 SOUTH OCEAN BOULEVARD (S.R. A-l-A), DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -8- 6/25/91 The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 46-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.D. Ordinance No. 47-91. Ordinance No. 47-91, amending the Land Development Regulations to incorporate the modifications to the Sign Code, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 9th. City Manager recommends approval. The City Manager presented Ordinance No. 47-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.7, "SIGNS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA , BY AMENDING SECTION 4.6.7, "SIGNS", TO PROVIDE FOR ONE NON- ILLUMINATED FREESTANDING REAL ESTATE SIGN ADVERTISING "FOR SALE", "FOR RENT", OR "FOR LEASE", ON EACH STREET ADJACENT TO SAID PROPERTY IN COMMERCIAL OR INDUSTRIAL ZONING DISTRICTS; TO PROVIDE FOR APPOINTING THE COMMUNITY IMPROVEMENT DIRECTOR, OR APPOINTED DESIGNEE, WHO WILL REVIEW AND APPROVE SUBDIVISION ENTRANCE SIGNS PLACED IN ANY PUBLIC RIGHT-OF-WAY; PROVIDING FOR EITHER FREE STANDING OR FLAT WALL DIRECTORY SIGNING IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS, AND MORE SPECIFIC LOCATION OF THE MAJOR IDENTIFICATION SIGN IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS; TO PROVIDE FOR THE SUBMITTAL OF A REFUNDABLE $250.00 DEPOSIT TO THE CITY PRIOR TO PLACING ANY TEMPORARY POLITICAL SIGNS WITHIN THE CITY LIMITS, AND RETENTION OF THE DEPOSIT IF THE TEMPORARY POLITICAL SIGNS REMAIN MORE THAN 10 DAYS AFTER THE DATE OF THE ELECTION; PROVIDING FOR PERMITTING OF ATM SIGNS WHICH ARE PHYSICALLY CONNECTED TO AN AUTOMATED TELLER MACHINE; PROVIDING FOR A MAXIMUM OF THREE (3) UNIDENTICAL FLAGS TO BE FLOWN SIMULTANEOUSLY, AND LIMITING THE PERMITTED FLAG TYPES AND TO REVISE THE REFERENCE FOR TEMPORARY BANNERS AND SIDEWALK AND SANDWICH BOARD SIGNS USED IN CONJUNCTION WITH SPECIAL EVENTS; PROVIDING FOR A FLAT WALL OR FREE STANDING OUTDOOR MENU BOARD SIGN FOR BUSINESSES WHICH COMMONLY USE DRIVE-THRU WINDOWS AS PART OF THEIR BUSINESS, SAID SIGN MAY NOT BE GREATER THAN SEVEN (7) FEET IN HEIGHT, NOR GREATER THAN TWENTY FOUR (24) SQUARE FEET IN SIZE, AND TO PROVIDE FOR THE PERMITTING OF MURALS WITHIN COMMERCIALLY ZONED DISTRICTS, WITH THAT PORTION OF THE MURAL IDENTIFYING -9- 6/25/91 THE BUSINESS OR SPECIAL SERVICE BEING INCLUDED IN THE CALCULATION OF THE SIGN AREA; PROVIDING FOR SIGN HEIGHT AND AREA LIMITATIONS FOR SIGNS PLACED BETWEEN 10'- 20' AND 20'- 30' FROM THE RIGHT-OF-WAY; BY ADDING A NEW PARAGRAPH 4.6.7(H) (6), "NOSTALGIC NONCONFORMING SIGNS", TO PROVIDE A PROCEDURE FOR THE DESIGNATION AND RETENTION OF EXISTING NONCONFORMING SIGNS THAT HAVE AN HISTORIC OR NOSTALGIC APPEAL, AND CONSTITUTE EXPRES- SION OF ART RATHER THAN SOLELY ADVERTISING; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 47-91 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.E. Ordinance No. 48-91. Ordinance No. 48-91, amending the Code of Ordinances to provide the rate structures for implementation of the voluntary commercial and multi-family, for those units which do not receive regular curbside services, recycling programs, is before the Commission on F~rst Reading. If passed, Public Hearing will be held July 9, 1991. City Manager recommends approval. The City Manager presented Ordinance No. 48-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE N0.41-90 WHICH AMENDED TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", BY REPEALING SUBSECTION (D) "COMMERCIAL RATES FOR RECY- CLING'' AND ENACTING A NEW SUBSECTION (D), "COMMERCIAL RATES FOR RECYCLING", TO PROVIDE FOR INCREASED FEES FOR VOLUNTARY COMMERCIAL RECYCLING SERVICE; AND BY ENACTING A NEW SUBSECTION (E), "MULTI-FAMILY RATES FOR RECYCLING", TO PROVIDE FOR FEES FOR MULTI-FAMILY RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 48-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -10- 6/25/91 12.F. Ordinance No. 49-91. Ordinance No. 49-91, amending the list of conditional uses and structures allowed within the Community Facilities (CF) zone district to provide for commercial activities and businesses upon publicly owned lands as a condition use, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held July 23, 1991. City Manager recommends approval. The City Manager presented Ordinance No. 49-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS"' SECTION 4.4.21, "COMMUNITY FACILITIES (CF)DISTRICT:, SUBSECTION 4.4.21 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-SUB-SECTION 4.4.21(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE AND RENUMBERING SUB-SEB-SECTIONS 4.4.21 (D) (3) TO (12) AS 4.4.21 (D) (4) TO (13); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No.49-91 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.E. Reject Low Bid and Award of Contract. The Commission is to consider rejecting the low bid for landscape services for maintenance of the medians on Homewood Boulevard, Linton Boulevard and Military Trail, as being non-responsive and award the contract to James Maintenance, Inc. in the amount of $33,581 with funding from Beautification Trust Maintenance Contract (Account No. 119-4144-572-33.49). Account balance $136,607. City manager recommends approval. Mr. Randolph moved for the rejection of the second bidder, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.F. Addendum No. 3 to the Refuse Contract Between the City and Waste Management Inc. of Florida. The Commission is to consider approv- al of an addendum to the agreement between the City and Waste Management for the implementation of the voluntary commercial and multi-family, for those units which do not receive regular curbside services, or recycling programs. City Manager recommends approval. -11- 6/25/91 Susan Ruby, Assistant City Attorney, clarified the disagreement as to who should bear the cost of certain fees that may be imposed by the Solid Waste Authority if the loads brought to them contain non re- cyclable materials. Waste Management is not agreeable to picking up any fines or fees associated with multi-family recycling. In reply to Mayor Lynch, Assistant City Attorney Ruby stated the contract was extended through 1994. Mayor Lynch stated this issue could be reviewed six months from now and should be a six month continuing review. Dr. Alperin moved for the approval of Addendum No. 3, as amend- ed, accepting the language proposed by Waste Management, with the six month review of this particular cost item to the City, 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.G. Appro.p~iation of Interest Earninqs. The Commission is to approve the appropriation of $31,706.83 in interest earnings from the 1984 Water and Sewer Revenue Bond Issue, plus any additional interest accumulated to date, and authorize the transfer of $19,500 of that amount into Water and Sewer/Eight Western Water Supply Well (Account No. 441-5162-536-60.42). City Manager recommends approval. Dr. Alperin moved approval of the transfer of the funds from the Water-Sewer Revenue Bond, 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.H. Addendum to the Contract Between the City and CH2M Hill. The Commission is to consider approval of an addendum to the contract between the City and CH2M Hill in the amount of $19,500 for the instal- lation of nine monitoring wells, sampling, laboratory and analysis and preparation of a report in conjunction with the Emergency Wellfield Assessment, Protection and Remediation project. Funding is available in Water and Sewer/Emergency Wellfield Assessment, Protection and Remediation (Account No. 441-5162-536-60.37). Account balance $19,500. City Manager recommends approval. Mr. Mouw moved approval for the use of the funds to be applied to the monitoring as dictated by the Palm Beach County DERM. Upon passing the gavel to Vice-Mayor Randolph, Mr. Lynch seconded the motion. 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. 9oi. Redistribution of Funds - 1990 Decade of Excellence Bond Issue. The Commission is to consider approving the redistribution of bond proceeds from the 1990 General Obligation "Decade of Excellence" Bond Issue to provide funding for the construction of Fire Station No. 1 and land acquisition for Fire Station No. 5. City Manager recommends approval. -12- 6/25/91 Mr. Mouw moved approval of the redistribution of funds for the 1990 Decade of Excellence Bond Issue, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.J. Agreement Terminating Management Contract/Golf Course Restau- rant. The Commission is to consider approving an agreement terminating the management contract for the Golf Course Restaurant for BLS Services, Inc. effective July 1, 1991 and authorize the payment of $33,000 to BLS Services, Inc. in consideration of this termination agreement. Funding is available in the Municipal Course Fund surplus (Account No. 445-0000- 301-45.00). Projected balance $200,000. City Manager recommends approval. Dr. Alperin moved approval of terminating the management contract for the golf course restaurant, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 9.J.1. Change Order No. 1/Tifton Turf Company. The Commission is to consider approval of Change Order No. 1 in the amount of $53,550.00 for additional improvements to the Municipal Golf Course. Funding is available in the Decade of Excellence Bond Issue (Account No. 225-4762-572-33.15. Account balance $113,450. City Manager recommends approval. Dr. Alperin moved approval of Change Order No. 1/Tifton Turf Company, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.K. Appointment of a Member to The Community Redevelopment Agency. The Commission is to consider appointing a member to the Community Redevelopment Agency to fill the vacancy created by the expiration of Doyle Dudley's term. Seat 2 appointment. This appointment has been postponed for two weeks per Dr. Alperin's request. 9.L. Appointment of Two Members to the Downtown Development Authori- ty. The Commission is to consider appointing two members to the Down- town Development Authority to fill the vacancies created by the expira- tion of Sal Matteis' and Robert Costins' terms. Seat 4 and Mayoral Appointments. Mr. Randolph moved for the reappointment of Sal Matteis to the Downtown Development Authority, 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. Mayor Lynch recommended Christine Wenzel for an appointment to the Downtown Development Authority. -13- 6/25/91 Mr. Mouw moved for the appointment of Christine Wenzel to the Downtown Development Authority, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.M. Appointment of an Alternate Member to The Civil Service Board. The Commission is to consider appointing an alternate member to the Civil Service Board to fill the vacancy created by Sam Portnay's death. Mayoral appointment. Mayor Lynch requested this appointment be postponed for two weeks. He requested a moment of silence for Sam Portnay, a former member of the Civil Service Board, who recently passed away. 9.N. Ratification of Appointment To The Drug Task Force/Designation of a City Commission Representation. The Commission is to consider ratifying the appointments of members and designate a member of the City Commission to serve on the Drug Task Force. Mayor Lynch recommended Dr. Alperin to serve on the Drug Task Force representing the City Commission. Mr. Andrews moved for the appointment of Dr. Alperin to serve as designee representing the City Commission, seconded by Mr. Randolph. Mr. Andrews amended his motion to include the ratification of the appointments to the Board and to include Dr. Alperin as the desig- nee, Mr. Randolph amended his second. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Dr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.0. Additional Appointment to The Carver Task Force. The Commis- sion is to consider a request from the Churches United recommending the appointment of an additional member to the Carver Task Force. Dr. Alperin moved for the appointment of Elder Elijah Weatherspoon as an additional appointment to the Carver Task Force, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 13.A.1. Dr. Alperin stated he is concerned with the Congress Avenue beautification between Lake Ida Road and Atlantic Avenue, and would like to have staff take that as a priority to get something done with that area. 13.A.2. Dr. Alperin stated a clarification should be made stating that nothing is being taken away from Veteran's Park; it is being improved. -14- 6/25/91 13.A.3. Dr. Alperin stated he would like to see funds reallocated for the beautification of Military Trail, which is becoming more and more a part of the City. 13.A.4. Dr. Alperin stated the inappropriateness of "flea market flyers" which have been circulated in the City. The City Attorney advised that because of the fact that there are permanent walls, inventory on site which does not come and go and long term leases, this particular location on West Atlantic Avenue does not constitute a flea market. The Code can be addressed and a sugges- tion would be to put minimums on the amount of square footage that a business can have. 13.A.5. Mr. Mouw had no comments or inquiries at this time. 13.A.6. Mr. Andrews wanted to insure that the drainage situation at Venetian Drive and Seabreeze Avenue would be taken care of in the Drainage Bond Issue. 13.A.7. Mr. Andrews questioned the status of the alleyway program. 13.A.8. Mr. Andrews stated he would like to see another budget and funding breakout on utility tax projects. 13.A.9. Mr. Andrews questioned why the City Attorney cannot send a letter stating that even though the building housing the flea market may allow them, the City does not allow flea markets. 13.A.10. Mr. Randolph commented the Stormwater program seems to be moving in the right direction and hopes to see a lot of pipes going in to alleviate some of the situations that have existed over the past few days. 13.A.11. Mayor Lynch stated he would like the traffic signal problem solved by October. 13.B.1. The City Attorney wished to convey to the City Manager and his wife Andrea, a happy 19th Wedding Anniversary. 13.C.1. The City Manager had no comments or inquiries at this time. Mayor Lynch declared the meeting adjourned at 9:10 P.M. ~ City~lerk ! 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 -15- 6/25/91 of said City Commission of June 25, 1991, which minutes were formally approved and adopted by the City Commission on ~,~ ~, ~q~l - - Cit~ ~C~erk ! 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. -16- 6/25/91