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07-09-91 JULY 9, 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, July 9, 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, First Presbyterian Church, Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of 'America was given. 4. The City Attorney requested that one item, 8.L., be added to the Consent Agenda, naming Mark Kilbourne, employee of the Streets Department, as City representative in the Horenburger vs. City case which was unexpectedly called to trial Wednesday morning. Mr. Mouw requested that Item 8.K.2. be moved from the Consent Agenda and placed at the beginning of the Regular Agenda as Item 9.A.A. Mr. Randolph moved for approval of the Agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Dr. Alperin moved for approval of the minutes of the Regular Meeting of June 25, 1991, 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. Mayor Lynch requested the City Clerk to clarify Item 9.H. on Page 9 as to his passing the gavel prior to making a second to the motion. 6. Proclamations: None. 7. Presentations: None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Extension of Authorized Absence with Pay/Reservists. The Commission is to consider extending the authorized absence up to a maximum of one year, during which the City would pay the difference between City pay and military pay, for reservists called to active duty for the Desert Storm conflict. Approval is recommended. 8.B. This item was removed from the agenda. 8.C. Final Plat Approval. The Commission is to consider approval of a final ~plat for the replat of Old Harbor Plaza located at the northeast corner of Linton Boulevard and Federal Highway. Approval is recommend- ed, subject to the following conditions: 1. The easement for ingress/egress and drainage be recorded prior to the release of the final plat for recording; 2. The nonimpacting site plan modification for providing the perimeter landscape area be constructed prior to the release of the final plat by the City for recording by the owner. 8.D. Appendix to the Interlocal Agreement Between the City and Palm Beach County/E-911 Emergency Telephone Number System. The Commission is to consider approval of an appendix to the interlocal agreement between the City and Palm Beach County which reflects the anticipated maximum amounts for recurring and non-recurring expenses which are to be reim- bursed to the City by the County in connection with the enhancement and maintenance of the E-911 Emergency Telephone Number system. Approval is recommended. 8.E. Service Authorization No. 1/Hazen and Sawyer. The Commission is to consider approval of Service Authorization No. 1 to the contract between the City and Hazen and Sawyer in the amount of $52,620, for the development of a Water Distribution Systems Master Plan, with funding from Water and Sewer Renewal and Replacement (Account No. 442-5178-536-61.95). Approval is recommended. 8.F. Service Authorization No. 2/Hazen and Sawyer. The Commission is to consider approval of Service Authorization No. 2 to the contract between the City and Hazen and Sawyer in the amount of $78,200, for the development of a Wastewater Transmission Systems Master Plan, with funding from 1991 Water and Sewer Revenue Bond/Engineering Services (Account NO. 447-5164-536-33.11). Approval is recommended. 8.G. Service Authorization No. 3/Hazen and Sawyer. The Commission is to consider approval of Service Authorization No. 3 to the contract between the City and Hazen and Sawyer in the amount of $25,000, for telemetry/controls systems technical support for the Water Treatment Plant Lime Conversion Project, with funding from 1991 Water and Sewer Revenue Bond/Construction Engineering Services (Account No. 447-5164-536-33.11). Approval is recommended. -2- 7/9/91 8.H. Service Authorization No. 4/Hazen and Sawyer. The Commission is to consider approval of Service Authorization No. 4 to the contract between the City and Hazen and Sawyer in the amount of $14,720, for design, bidding and construction services for the five (5) water line interconnections recommended by Post, Buckley, Schuh and Jernigan, with funding from 1991 Water and Sewer Revenue Bond (Account No. 447-5174-536-61.78). Approval is recommended. 8.I. Resolution No. 52-91. Resolution No. 52-91, assessing costs for abatement action required to remove nuisances on 25 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 52-91 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. 52-91 is on file in the official Resolution Book) 8.J. Resolution No. 55-91. Resolution No. 55-91, abandoning a portion of a utility easement in the amended Plat of Parcel 1, Linton Center (also known as Target Center), is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 55-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN EXISTING UTILITY EASEMENT LYING IN TRACT 4, OF THE AMENDED REPLAT OF PARCEL 1, LINTON CENTER, AS RECORDED IN PLAT BOOK 67, PAGES 3 THROUGH 7 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 55-91 is on file in the official Resolution Book) 8.K. Award of Bids and Contracts. 1. Sanitary Sewer Rehabilitation/Phase I - Environmental Services - D and L Telecommunications in the amount of $106,919.15 with funding from 1991 Water and Sewer Revenue Bond -3- 7/9/91 (Account No. 442-5178-536-61.84/balance $2,224,000) and Water and Sewer Repair and Replacement (Account No. 447-5169-536-61.84/balance $300,000). 2. Moved to the Regular Agenda. 3. Housing Rehabilitation - Community Improvement - various contractors in the amounts indicated below with funding from Community Development Block Grant - Housing Rehab (Account No. 118-1963-554-60.23): 310 N.W. 12th Avenue - MJD Construction Services - $14,000.00 913 S.W. llth Terrace - Henry Haywood - $15,377.25 520 S.W. 6th Avenue - Henry Haywood - $12,138.40 905 S.W. llth Terrace - Henry Haywood - $12.484.50 4. Drainage Improvements - Lowson and Homewood Boulevard - Wegner Excavating, Inc., in the amount of $116,430 with funding from Decade of Excellence Bond Issue (Account No. 225-541-51.42). Account balance $191,048.25. 5. Water Meters - Environmental Services - Sunstate Meter and Supply, Inc., in the estimated annual amount of $80,000 with funding from Water and Sewer Fund Capital Outlay/Equipment Other Account No. 441-5161-536-60.89. Account balance for FY 90/91 $25,866.13. 8.L. ~ppointment of Mark Kilbourne. The Commission is to consider the appointment of Mark Kilbourne, Streets Department, as City represent- ative in the Horenburger vs City case. Approval is recommended. Mr. Mouw moved for approval of the Consent Agenda, as amended, 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. REGULAR AGENDA 9.A.A. (8.K.2.) Storm Water Master Plan. The Commission is to consider a Storm Water Master Plan - Environmental Services - Mock Roos, and Associates in the amount of $89,000 with funding from Storm Water Utility (Account No. 448-5411-538-62.12). Mr. Mouw questioned an additional charge of $89,000 after a plan was submitted by Gee and Jensen. The City Manager stated Gee and Jensen designed the Storm Water Utility, helped with the writing of the ordinance, establishing the rate structure, etc. Mr. Mouw commented that there was a list of problems with an estimated cost of $160,000 for repairs. Since that time, the City has reduced the income to between $90,000 and $100,000 due to readjustment of rates and he would prefer using the money to fix one-half of the list of problems rather than use it to award this company a contract for a master plan he feels is not needed. Upon question by Mr. Mouw as to the balance that will remain after the $89,000 is spent.for this Master Plan, Mr. Greenwood responded that some 90% of the budget will remain for the projects. He further stated, on the surface it looks very simple; however, it involves a -4- 7/9/91 question of whether the system will meet the quantity, the water quality and the local problem, simultaneously. Dr. Alperin moved for approval of the Storm Water Master Plan and the expenditure of $89,000 as indicated, 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. 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 26 through July 8, 1991. Approval is recommended. Dr. Alperin questioned the term "minor" with regard to the site plan modification for the demolition and construction of two new build- ings for Ralph Buick. He also expressed concern with the amount of increased traffic that will result at.Dotterel Road with the building of the new field at Miller Park. He suggested staff examine the possi- bility of extending 4th Avenue as a main entrance. The City Manager stated this was looked at early in the design process and it is a very possible option. This will be on the agenda for the worksession of next week. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. Request to Sell Liquor/Albertson's. The Commission is to consider a request from Albertson's to add a liquor sales use to their grocery store located in the Delray Town Center. Planning and Zoning Director supports the request. Lula Butler, Director of Community Improvement, stated this use was not a part of the original development agreement, but the zoning has changed and staff has no objection to liquor sales. Robert Basehart, representing Albertson's, stated since the original site plan approval, which was based on an agreement signed by the City and the developer, the City has amended the Zoning Code and the property is now in a PC Zoning District, which allows liquor sales. Upon approaching staff, he was told the use could not be administra- tively allowed without the approval of the City Commission. Sam Schwimer, resident, expressed concern regarding the proxim- ity of conflicting uses of schools, churches and mental health centers. Dick Eckerle, resident, commented he feels this developer has destroyed this area, piece by piece, and he should show proof that there is a genuine need for this use. -5- 7/9/91 Mr. Randolph moved for approval of the request for a liquor sales use within the Delray Town Center, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch'~ - Yes. Said motion passed with a 4 to 1 vote. 9.C. Resolution No. 56-91/Request for Funding - Roots Cultural Festival. Resolution No. 56-91, supporting the Fourteenth Annual Roots Cultural Festival, approving a request for funding in the amount of $2,000 and other requests for waivers of fees, tent permits and the use of City staff, is before the Commission for consideration. Funding is available in the Commission Contingency (Account No. 001-1111-511-33.81). Approval is recommended. The City Manager presented Resolution No. 56-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL INC., IN THEIR EFFORTS TO SPONSOR THE FOURTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 56-91 is on file in the official Resolution Book) Mr. Randolph moved for the adoption of Resolution No. 56-91, seconded by Dr. Alperin. 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. Before roll call the following discussion was had: Dr. Alperin requested, in the future, if the Commission Could be supplied with an overall Cost of the amount that has been funded in previous years. Mr. Andrews complimented the Police Chief for the creative use of time, something that has not been dealt with in the past. At this point the roll was called to the motion. 9.D. Request for Waiver of Required In-Lieu of Improvements Finan- cial Guarantee. The Commission is to consider accepting an agreement to complete work in-lieu of a financial guarantee from the Drug Abuse Foundation for future improvements to the parking lot at the First Baptist Church of Delray. Approval is recommended. The City Manager advised this should be accomplished at the time the Church moves out. Dr. Alperin moved to approve the request for waiver and direct the City Attorney to include the language in the agreement regarding the takeover time, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - -6- 7/9/91 Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. At this time, Mayor Lynch requested that the Commission go back to Item 9.C., as there was another item that should have been discussed. Mr. Randolph stated in the memorandum from the Community Improvement Director regarding the use of tents at the location, it is necessary for the Commission to approve that permit. The City Manager stated it was his understanding that was included in the adoption of the resolution under the support request. Mr. Randolph moved for approval of the support request, second- ed by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.E. Request for Funding. The Commission is to consider a request from Donalda McCarthy for funding in the amount of $1,000 and waiver of City fees for fund-raising activities to assist in defraying the costs of her acceptance in the Up-With-People organization. City Manager recommends denial. The City Manager advised, in the past, the City has not made contributions nor granted awards to individuals and he is not recommend- ing this in the future. Donalda McCarthy, applicant, stated she is not requesting money for herself, but as a representative of those people for the scholarship fund that will go directly to those persons. Dr. Alperin moved to direct staff to waive fees at their discretion or refer those in question to the Commission, 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. Ran- dolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. Authorization to Initiate Rezoning Petitions. The Commission is to consider authorizing staff to initiate rezoning petitions for Lots 1 through 10, Block 24, located on the north side of Avenue G, between Federal Highway and Frederick Boulevard from PC (Planned Commercial) Zoning District, in part, and RM (Residential Medium) Zoning District, in part, to POD (Professional Office District); and, Lots 1 through 12, 26 and 27 of Block 25 from PC (Planned Commercial) Zoning District to POD (Professional Office District). Approval is recommended. Dr. Alperin moved to authorize staff to initiate the rezoning petitions, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 3 to 2 vote. At this point, the time being 7:00 P.M., the Commission moved to the Public Hearings portion of the Agenda. -7- 7/9/91 PUBLIC HEARINGS 10.A. Ordinance No. 42-91. Ordinance No. 42-91, amending the Code of Ordinances by enacting a new subheading, "Pawnbrokers and Second-hand Dealers"; providing a records requirement for Pawnbrokers, which in- cludes obtaining a signature, identification number and thumbprint for each person from whom an article is pawned, purchased or delivered and providing for penalties, is before the Commission for consideration on Second and FINAL Reading. City Manager 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. 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. (Copy of Ordinance No. 42-91 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. 42-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 10.B. 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 Second and FINAL reading. City Manager 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. 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 -8- 7/9/91 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 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. (Copy of Ordinance No. 47-91 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. -9- 7/9/91 Mark Gregory, employee of a local sign company, questioned if this will be a solution to the non-conforming signs. Mayor Lynch responded this will not be a total solution. Mr. Gregory also ques- tioned, with regard to setbacks, if there will be any recourse when faced with slight deviations. Mayor Lynch stated the purpose of the ordinance is to clarify the majority of the signs, resulting in a minimum of applications being brought before the Commission. The City Attorney stated the idea of the Sign Code is that applicants will comply to the letter of the law. There is a provision in the Code allowing waiver of provisions Of the Code; however, he recommends the Commission use this very judiciously. The idea of the amendmentS, including no provision for a variance board, indicates that discretion should be used only on rare occasions. Ali Sweid, representing Foreign Cars & Classic, Inc., located in the Industrial Park across the street from Park Ten, expressed concern regarding the hardship the new code will create for the company. Lula Butler, Director of Community Improvement, stated the department is working with him, as they are aware of his situation and options have been expressed to him. Following a discussion with Mr. Sweid, Mayor Lynch informed him that his non-conforming sign was outdated as of 1991 and has nothing to do with this new ordinance. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 47-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Mouw questioned why there is no variance or appeal clause in the ordinance. Mayor Lynch stated it was basically to ensure that the Commission would not become a sign ordinance board, but to require those people who build signs, the staff who enforces the Code and the Chamber of Commerce to work together. At this point the roll was called to the motion. 10.C. 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 recycling programs, is before the Commission for consideration on Second and FINAL Reading. Approval is recommended. 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. 48-91: -10- 7/9/91 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. (Copy of Ordinance No. 48-91 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. Sam Schwimer, Pines of Delray, stated he is not satisfied with what is being proposed by Waste Management. Mike O'Brien, Waste Management, stated additional dumpsters were placed in the Pines of Delray in 1989 when the newspaper recycling program was initiated. These dumpsters will be removed and replaced with an ample supply of 96-gallon carts, one type to be used for recy- clables and one type for newspapers. The public hearing was closed. Mr. Mouw moved for the adoption of Ordinance No. 48-91 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-A~enda Item from the Public - Immediately following Public Hearings. Mayor Lynch introduced the newly appointed Executive Director of the CRA, Chris Brown, and welcomed him to the City. He also intro- duced Bill Wood, the Executive Director of the Chamber of Commerce. ll.A.1. The City Manager stated there have been several inquiries about the long delay of the landscaping on various medians along Congress Avenue and he would like the Commission to know what has transpired. The approved plans were submitted to Palm Beach County in December of 1990 and in January, 1991, the City Horticulturist met with Andy Hertel, the staff person responsible for Plan Review and Adopted Use Standards for -11- 7/9/91 site distance. Based on those standards, the design and improvements approved by the City Commission could not be approved. An attempt was made to meet with Mr. Hertel's superiors to discuss this further and it was learned that the standards that had been adopted prohibited anything between three (3) inches and eight (8) feet, so it would be impossible to landscape the medians with those standards. After several unsuccess- ful attempts to meet with the County, he contacted Jan Winters, County Administrator, informing him of the problems involved and only then was a positive response received; the County changed its position and agreed to review the plans using the same criteria used in the past. The County notified the City the plans had been lost, so the City resubmit- ted plans on May 23, 1991, only to learn later that the plans had not been routed to the proper reviewers. On June 26, 1991, Mr. Hertel was reached, at which time he informed the City the plans had been reviewed and that he would like to meet with the City Horticulturist on the following Friday or Monday. The horticulturist was scheduled to be on vacation at that time, so there is a meeting scheduled for Thursday, July llth, at 9:00 A.M. The approval date of July 19, 1991 with the County, still remains feasible, given the fact that the revisions re- quired seem to be of a minor nature. ll.B.1. Arthur Jackel, resident, thanked Dr. Alperin and the City Manager for looking into the Congress Avenue beautification/landscaping issues and hopes the problem will be resolved soon. ll.B.2. Mr. Jackel stated the Gelco property, where trailers are sold, has become very unsightly and needs to be cleaned up. ll.B.3. James H. Wilson, Dade County Corrections Rehabilitation Depart- ment, stated he is one of the applicants who would like to be considered for the position of Police Chief for Delray Beach. He gave a brief resume of his background. ll.B.4. Richard Muhlo01y, 3001 Lowson Boulevard, stated he is frustrat- ed with problems of burglaries, crime, etc., in Sherwood Park and feels this is not being addressed properly. 12.A. Ordinance No. 50-91. Ordinance No. 50-91, amending the Code of Ordinances to establish a County Court Citation (Notice to Appear) fine class schedule for nuisance abatement actions, is before the Commission for consideration on First Reading. The City Manager recommends approv- al. If passed, Public Hearing will be held July 23rd. The City Manager presented Ordinance No. 50-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS- TRATION", CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT'', SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCE- DURES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 37.45(G) AND ENACTING A NEW SUBSECTION 37.45(G) TO PROVIDE FOR COUNTY COURT CITATION FINE CLASS SCHEDULE; -12- 7/9/91 PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews moved for the adoption of Ordinance No. 50-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.G. Gulfstream Boulevard Median Beautif.ication. Project. The Commission is to consider providing direction regarding Boynton Beach's response to proposed changes in the joint beautification landscape plan for Gulfstream Boulevard. The City Manager stated that the City of Boynton Beach has advised they are financially unable to participate in any landscape plan other than Scheme 1 or $15,112. He suggested using Scheme 2, which was recommended by the Site Plan Review and Appearance Board, adding another $5,000 to the project and going forward with the project. Mr. Mouw moved to approve the City Manager's suggestion that Scheme 2 be used, absorbing the difference between the $15,000 contrib- uted by Boynton Beach toward the total cost of $41,186, seconded by Mr. Randolph. 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. Before~roll call the following discussion was had: Mr. Randolph suggested Scheme 2 be diluted in order to beautify the area but not go overboard. Upon question, the City Manager advised that the medians are in the City of Boynton Beach; the Delray Beach City Limit starts south of Gulfstream Boulevard. Mayor Lynch passed the gavel to Vice-Mayor Randolph. Mr. Lynch moved to approve Scheme 1 and that the City submit the 50%, as originally agreed to, and accept the amount Boynton Beach originally agreed to in letter form, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Vice-Mayor Randolph - No; Mr. Lynch - Yes. Said motion FAILED with a 3 to 2 vote. 9.H. Reject Low Bid and Award Contract. The Commission is to consider rejecting the low bid for the rehabilitation of 332 N.W. 10th Avenue and awarding the contract to the second low bidder, Abisset Corporation, in the amount of $16,632 with funding from Housing Rehab -13- 7/9/91 (Account No. 118-1963-445-60.23). Account balance $84,239.37. City Manager recommends approval. Dr. Alperin moved to reject the low bid and award the contract for the rehab of the property to Abisset Corporation, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.I. Removed from. the..Agenda. 9.J. Authorization to...Expend Funding From Law Enforcement Trust. T---~e Commission is to consider approval of the expenditure of $5,000 from the Law Enforcement Trust Account to support the Boy Scouts of America local anti-drug campaign. City Manager recommends approval. Mr. Andrews left the Commission Chambers at this time. Dr. Alperin moved to approve authorization of the expenditure of $5,000 from the Law Enforcement Trust Account to the Gulfstream Council of Boy Scouts, 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.K. Lake Ida Road Widening..Project. The Commission is to consider the implications of delaying the widening of Lake Ida Road. Mr. Andrews returned to the Commission chambers at this time. Mayor Lynch commented it was his suggestion that this item be placed on the agenda because he received a reply from the County Com- mission stating the County is planning to widen West Atlantic Avenue at a different time than Lake Ida Road. It is his understanding that, after West Atlantic Avenue has been widened, there will be a review to see if it is absolutely necessary to widen Lake Ida Road. He is looking for direction from the Commission as to their feelings regarding this matter. Mr. Mouw expressed concern with the fact that their request may affect the widening of Lake Ida Road east of Congress Avenue. Discus- sion followed concerning projects that may be hindered from going forward with developing plans due to the Commission's decision. Dr. Alperin suggested the Commission schedule a Workshop with the Countywide Planning Council, in order to see how their plans may affect the City. The Commission concurred to have the Mayor, in concert with the City Manager, submit a letter as soon as possible to the County Commis- sion explaining, specifically, that while the City does not want to damage the GAE or hinder development, it is felt that the 4-1aning of Lake Ida Road, from Congress west to Military, should be deferred until the Atlantic Avenue improvements are complete and it is clear whether or not the segment needs to be 4-1aned. Mayor Lynch stated that he would -14- 7/9/91 speak with some of the County Commissioners personally and explain that the City of Delray does not want to jeopardize the widening of Lake Ida's eastern segment (Congress to Swinton to 2nd). 9.L. Resolution No. 54-91. Resolution No. 54-91, authorizing the purchase of a 70-foot wide strip of property, located on Homewood Boulevard adjacent to the Municipal Golf Course, for $7,500 with funding from the Decade of Excellence Bond Issue/Golf Course Project (Account No. 225-4762-572-60.11). City Manager recommends approval. The City Manager presented Resolution No. 54-91: 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 BEACH, WHICH PROPERTY IS LOCATED ON THE EAST SIDE OF HOMEWOOD BOULEVARD NORTH OF LOWSON BOULEVARD, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 54-91 is on file in the official Resolution Book) Mr. Mouw moved for the adoption of Resolution No. 54-91, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.M. Appointment of a Member to the Community Redevelopment Agency. The Commission is to consider the appointment of a member to the Commu- nity Redevelopment Agency to fill the vacancy created by the expiration of Doyle Dudley's term. This is a Seat 2 appointment. Dr. Alperin moved to appoint Jo Reeve Bright, 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. Ran- dolph - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Andrews suggested meeting with the CRA on a monthly basis for the next two or three months in.order to assist the new Executive Director and help get things going. 9.N. Appointment of a Commission Member to the Downtown Parking Study Group. The Commission is to consider appointing a Commission member to serve on the Downtown Parking Study Group. Dr. Alperin moved to appoint Mr. Mouw to the Downtown Parking Study Group with Mr. Randolph as the alternate, 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. -15- 7/9/91 9.0. Resolution No. 53-91/Request for Support of Candidate for the Office of Second Vice-~resident/F!orida League of Cities. Resolution No. 53-91, supporting the candidacy of South Bay Mayor Clarence E. Anthony for the office of second Vice-President of the Florida League of Cities, is before the Commission for consideration. The caption of Resolution No. 53-91 is as follows: A RESOLUTION ENDORSING THE CANDIDACY OF THE HONORABLE CLARENCE E. ANTHONY, MAYOR OF THE CITY OF SOUTH BAY, FLORIDA, FOR THE OFFICE OF SECOND VICE-PRESIDENT OF THE FLORIDA LEAGUE OF CITIES. (Copy of Resolution No. 53-91 is on file in the official Resolution Book) Mr. Randolph moved for the adoption of Resolution No. 53-91, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Randolph echoed the remarks from the gentleman from Sherwood Park and the increasing crime and drug problem. He feels this happens not only in Sherwood Park and not only in the City of Delray Beach, but in any part of the City or other cities. 13.A.2. Mr. Randolph commented that there seems to be a great, deal of signalization problems at various railroad crossings in the City and he hopes this is addressed and corrected soon. 13.A.3. Mr. Randolph stated that Pastor Johnson of the Greater Mt. Olive Baptist Church would like to do something for the youth who loiter on Atlantic Avenue at all hours of the night. He requested that this be an agenda item at the upcoming workshop. 13.A.4. Mr. Andrews questioned why there seems to be no method of alleviating the high crime in the area of S.W. 8th Avenue and S.W. 10th Street, since it seems so prevalent there. Rick Lincoln, Interim Police. Chief, stated he feels this area is not unique as there are other areas in the City that have similar problems. 13.A.5. Mr. Andrews suggested that staff study Scheme 3, regarding the beautification of Gulfstream Boulevard and figure how much can be done with the budgeted money available from the City of Delray and the City of Boynton Beach and inquire if Boynton would commit to making it a "step" development. 13.A.6. Dr. Alperin stated he feels Dan Burns should be sent a letter of gratitude for the excellent job supporting the City fireworks. Mayor Lynch stated there will be some recognition given to Mr. Burns, possibly in the form of a plaque. -16- 7/9/91 13.A.7. Dr. Alperin suggested a facilitator be provided to help with traffic at S. W. 4th Avenue and 10th Street during the closing of the Linton Boulevard Railroad crossing. 13.A.8. Dr. Alperin stated he feels the new Superintendent of Schools should be contacted as soon as possible to influence her in the proper direction and provide insight into the agreements which have been made between the School Board and the City. 13.A.9. Dr. Alperin commented that three things surfaced at the South County Council of Governments that he is concerned with. One was a new movement for the removal of special taxing districts within the State and he feels the City needs to be aware of and stay informed as to what these are. The second concerns the Countywide Planning Council and things that happen that the City of Delray never learns about, but has an impact on the City. He feels perhaps a workshop with their staff might be helpful. The third thing concerns the sanitary facility and the costs. He is also concerned about the cost of the plan for future growth of the County. He learned that more than ten years ago, the County planned on a buildout of 1.7 million people and they are still planning on the same buildout. He can't believe that no one has con- sidered reducing that figure. He feels it is imperative that the City learn what is going on in the west County area and possibly take a stand on getting a reduction of the buildout projections. 13.A.11. Mayor Lynch stated the Municipal League will be meeting from 10:30 A.M. until 2:00 P.M., Wednesday, July 24th, in the Commission Chambers and that would be a good time to discuss this buildout. 13.A.10. Mayor Lynch questioned if the City is going to break the contract with the County regarding the traffic lights. The City Manager stated this will be discussed during the budget sessions and several possible scenarios will be presented. 13.B. There were no comments or inquiries from the City Attorney. 13.C..1. The City Manager advised that at the time a contractor was working on a water main connection, the valves that should have con- trolled it did not work and a sixteen-inch water line discharged about 2,000 gallons of water a minute for a long time. As a result, the elevated storage tank emptied completely, the water pressure along the beach area dropped below 20 pounds and a boil water order was issued. He stated a more detailed report will be prepared and made available for the Commission tomorrow. Mayor Lynch declared the meeting adjourned at 9:00 P.M. - -- City,Clerk -17- 7/9/91 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 July 9, 1991, which minutes were formally approved and adopted by the City Commission on Q~,~,, ~-~ ~1 - - C~ty Cl~k- ! NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -18- 7/9/91