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08-27-91 AUGUST 27, 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, August 27, 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 Father Bass of St. Mary The Virgin American Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Item Numbers 9.N., 9.0, and 9.P. were added to the Agenda as Addendum Items. The City Manager requested Item 9.Q. be added for Emergency Utility Repairs. Dr. Alperin moved approval of the agenda as amended, 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. 5. Dr. Alperin moved approval of the Regular Meeting minutes of August 13, 1991, seconded by Mr. Andrews. Roger Saberson informed the Commission that Item 9.B. had an omission of paragraph number two (2) on the conditions and in paragraph number one (1), the third to last line, there should be a period after Lot 2 and the rest should be deleted. Dr. Alperin moved approval of the Regular meeting minutes of August 13, 1991 as amended, 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. A. Mayor Lynch read and presented a proclamation proclaiming August 29, 1991 as Delray Beach Police Appreciation Day. Perry DonFrancisco, President of the Delray Citizens for Delray Police, came forward to accept the proclamation, thanked the Mayor, the Commission and the Delray Police for the outstanding job that they do. 7. Presentations. A. Delray Beach Citizens for Delray Police Annual Scholarship Presentations. Acting Police Chief Rick Lincoln, on behalf of the Delray Police Department, thanked the City Commission for their support. Ray Gerner, Director, Delray Beach Citizens for Delray Police, administered scholarships to Kirsten Herndon and Jason Wallace. CONSENT AGENDA 8.A. Reallocation of Funding from the 1987 Utility Tax Bond Issue. The Commission is to consider approval of the reallocation of funding from the 1987 Utility Tax Bond Issue. 8.B. Change Order No. 2/RIC-MAN International, Inc. The Commission is to consider approval of Change Order No. 2 to the contract for the 16-Inch Transmission and Subaqueous Water main project, between the City and Ric-Man International, Inc., which extends the contract completion time by one day to construct an additional eight inch water main to connect with an existing eight inch water main on MacFarlane Drive. 8.C. Authorization to Enter Into a Quit-Claim Deed and Waiver of Replat Fees. The Commission is to consider authorizing the City Attor- ney's Office to enter into a quit-claim deed with the landowner of Lot 13 and 14 of Breezy Ridge Estates for a 15 foot strip of property to be included in the City's right-of-way and waive future replat fees. 8.D. Request for Final Payment. The Commission is to consider approval of a request for final payment from Edwards Electric in the amount of $12,340 for permanent repairs to the electric bus at the Water Treatment Plant. Funding is available in Water and Sewer Renewal and Replacement Fund/Equipment (Account No. 442-5178-536-61.76). Account balance $27,208.41. 8.E. Ratification of Emergency Purchase. The Commission is to consider ratifying the emergency purchase of a 200 HP motor from Hydro Pumps, Inc. in the amount of $14,710 in conjunction with the rehabilita- tion of the Elevated Tank at the Water Treatment Plant and the North Reservoir. Funding is available in Water and Sewer Renewal and Replace- ment Fund/Equipment (Account No. 442-5178-536-61.76). Account balance $14,868.41. 8.F. Cancellation of Agreement Between The City and Barnett Bank's Trust Company. The Commission is to consider cancelling the agreement between the City and Barnett Bank's Trust Company which provided for the acquisition of real property located at 521 N.W. 2nd Street in lieu of payment of certain liens on the property. -2- 8/27/91 8.G. Request to Close Linton Boulevard/Soap Box Derby. The Commis- sion is to consider approval of the closure of Linton Boulevard between Federal Highway and Ocean Boulevard from 7:00 A.M. until the conclusion of the races, for two Soap Box Derby Rallies to be held on October 12, 1991 and February 15, 1992. 8.H. Resolution No. 64-91. Resolution No. 64-91, authorizing the City Manager to dispose of surplus property under certain conditions, is before the Commission for consideration. The caption of Resolution No. 64-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISPOSE OF SURPLUS PROPERTY UNDER CERTAIN CONDITIONS. (Copy of Resolution No. 64-91 is on file in the official Resolution Book) 8.I. Resolution No. 63-91. Resolution No. 63-91, assessing costs for abatement action required to removed nuisances on 32 properties throughout the City, is before the Commission for consideration. The caption of Resolution No. 63-91 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 ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT 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. 63-91 is on file in the official Resolution Book) 8.J. Award of Bids and Contracts. None. Dr, Alperin moved approval of the Consent Agenda, 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 -3- 8/27/91 · 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 August 13 through August 26, 1991. Dr. Alperin moved to receive and file the report, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.B. Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval to allow the establish- ment of a Church and associated uses to be located on the south side of Lake Ida Road, across from the Isles of Delray subdivision. Planning and Zoning Board recommends approval subject to conditions. The following conditions shall apply to said approval: 1. Provision of a 4 1/2 foot hedge and a 20 foot landscape strip along the south property line. 2. Provision of 15 foot landscape strip along Roosevelt Avenue and Lake Ida Road with hedging, berming and trees to be provided. 3. While the Sunday School classes and Nursery services can be provided as a service to worshipers or members of the congregation while they are on-site, a separate child care and educational facility use cannot be established without first processing a modification to the Conditional Use approval and/or rezoning to CF (Community Facilities). In addition, establishment of a soup kitchen or mission use will require processing of a modification to the Conditional Use approval. 4. The Conditional Use is to be valid for.18 months and require timely submittal (6 months) of a full site plan application to be processed pursuant to Section 2.4.3 of the Land Development Regulations and to address the attached "Technical Items". 5. The 9,182 square foot Worship Center shall be restricted to a seating capacity of no more than 400 seats. 6. Provision of the Deed for the 14 foot dedication to Lake Ida Road (O.R. Book and Page) and dedication of one (1) additional foot. 7. That a plat be processed which properly subdivides the property in question, prior to submittal of a site plan. 8. That stabilized sod parking spaces be allowed and that asphalting of the spaces be phased with projects -4- 8/27/91 completion. Mr. Mouw stated the conditions attached to this issue are very severe and questioned how the Church accepted this. Dr. Alperin moved approval of the Conditional Use for the Lake Ida Church of Christ with the conditions recommended by Planning and Zoning, 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.C. Request for Waiver of The Landscape Code. The Commission is to consider a request from Ann's Quality Grooming, located at 302 N.E. 1st Avenue, in the Old School Square Historic Arts District for relief of the Landscape Code standards. Mr. Randolph requested this item be moved to the end of the Regular Agenda since the architect had not yet arrived, 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. 9.D. Discussion Regarding Proposed License Aqreement/Isan Charters, Inc. (d/b/a Stillwater Cruises. The Commission is to consider a license agreement between the City and Isan Charters, Inc. (d/b/a Stillwater Cruises) to permit a cruise boat and ticket sales operation at Veteran's Park. The City Attorney stated he has outlined the changes to the contract in the following manner: 1. For the first five (5) years the fee will be $8,400 a year, payable in $700 monthly installments, increasing in years five (5) through ten (10) to $1,000 per month. In addition to this, for every passenger over 16,800 that was carried on the vessel during the course of the year, the City would receive ~n additional 50 cents. This means that for the first five (5) years the City is getting 50 cents per passenger and a minimum of $8,400. It was the consensus of the Commission to accept the two five (5) year payment plans. 2. Without prior City approval, vending machine placement has been eliminated. 3. The City is only guaranteeing pedestrian ingress and egress. This should eliminate concerns about truck deliveries and the like. 4. Captain Mark will not be responsible for all repairs to the seawall and the premises, but only to repair such damages he may be responsible for. -5- 8/27/91 It was decided by the Commission that normal wear and tear would not be Captain Mark's responsibility. 5. Captain Mark would prefer to have the location of the boat at approximately the same location of the current boat. It was the consensus of the Commission to leave the decision to staff, with the option of appealing back to the City Commission if need be. 6. With respect to indemnification, Captain Mark is willing to indemnify the City for any injuries that may occur to his passengers, agents and employees, as well as to any injuries sustained in the park by anyone who has actually purchased a ticket from him. .~ptain Mark stated, especially since the City is profiting from the boat service, he would like the right of exclusivity. Mayor Lynch stated it would not be fair for Captain Mark to pay a fee and not have some rights. After much discussion, it was the consensus of the Commission to agree to the exclusivity; however, permitted uses other than commer- cial will have to be worked out with the City Manager and the City Attorney for a reasonable compromise. Mayor Lynch stated staff, acting on behalf of the City Commis- sion, should make the decision as to where the cleaning tanks will be located. The City Manager stated that when this issue comes back before the Commission, the location will be resolved. Mr. Andrews stated staff should set some parameters as to when repairs can be done on-site or when they should be done in a boatyard. In reply to Dr. Alperin, the City Attorney stated this is now considered a noncommercial use. The location of the boat is going to be specifically set; however, there is no specific location for employees, passengers, and suppliers. The boat and ticket office location will be specifically identified, but as part of this agreement, there will be complete access to the rest of the park. It was the consensus of the Commission for the City Attorney to review the letter from Mrs. Stokes, along with any applicable items he deems necessary, and to bring them back before the Commission for discussion. Kathy Stokes presented a prepared statement which is attached into the record as part of the minutes. PUBLIC HEARINGS -6- 8/27/91 At this point, the time being 7:15 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Ordinance No. 54-91. Ordinance No. 54-91, amending the Land Development Regulations to provide for multi-tenant retail establish- ments as a conditional use in the Central Business District, is before the Commission for consideration on First Reading and First Public Hearing. Two public hearings are required on this ordinance. If passed, second Public Hearing will be held September 10, 1991. Prior to consideration, a Public Hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 54-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX A, "DEFINI- TION'', SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS DIS- TRICT''' OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A DEFINITION FOR THE TERM "MAR- KET'' AND BY PROVIDING RULES AND REGULATIONS GOVERNING MARKETS WITHIN THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR MARKETS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL, PLANNED COMMERCIAL, AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Bernie Siegel, 2614 N.W. 42nd Street, Boca Raton, stated the consequences from the City's action regarding this issue are far reach- ing and are creating a financial loss for the Bazaar (in the former Zayres/Ames building). He requested the City reconsider and process the application with no further delay and to state, in writing, their intentions for this Bazaar. Murray Kalish, 6021 Stanley Lane, stated the City of Delray Beach does not need another flea market; it is not helpful to the health, welfare and public safety for the citizens of Delray Beach. The public hearing was closed. The City Attorney stated it was indicated that there was no statutory law in this matter; however, there is case law which is just as effective. The City is complying legally with case law and is comfortable with the position that has been taken. -7- 8/27/91 In reply to Mr. Mouw, the City Attorney stated the submitted plans are for interior renovations. It is obvious that it will be a multi-tenant facility and the applicant has indicated as such. With Ordinance No. 54-91 addressing the conditional use, it is appropriate to hold up a review of that application until such time as the ordinance either passes or fails. If it passes it has to go through conditional use procedure. In reply to Mr. Randolph, the City Attorney stated there are three permanent walls and a pulldown gate for each merchandiser which will secure the merchandise in the market. In reply to Mr. Andrews, the City Manager stated the traffic study is a situation which will be set up as a probate cost in which the Traffic Engineer would do the study and the applicant would have to pay the cost. Dr. Alperin moved for the adoption of Ordinance No . 54-91, on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 10.B. Ordinance No. 49-91. Ordinance No. 49-91, amending the list of conditional uses and structures allowed within the Community 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 conditional use, is before the Commission for consideration on First Reading and First Public Hearing. Planning and Zoning Board recommends approval. Two public hearings are required on this ordinance. If passed, second Public Hearing will be held September 10, 1991. Prior to consideration, a public hearing has been scheduled to be held at this time. 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-SUBSECTION 4.4.21(D) (3) TO PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE, AND RENUMBERING SUB-SUBSECTIONS 4.4.21 (D) (3) THROUGH 4.4.21 (D) (12) AS 4.4.21 (D) (4) THROUGH 4.4.21(D) (13); PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the -8- 8/27/91 laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Kathy Stokes, 1220 Southways, stated she is opposed to this ordinance. The public hearing was closed. 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. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed with a 4 to 1 vote. 10.C. Request for Waiver of The Sign Code. The Commission is to consider a request from the Hamlet Shoppes located at 4061 West Atlantic Avenue to erect a 120 square foot sign, 16 feet high and located in the setback where the Sign Code allows a maximum of 40 square feet in area and seven feet in height. City Manager recommends denial. Prior to consideration of this action, a public hearing has been scheduled to be held at this time. 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. The City Manager requested this item be delayed for two (2) weeks. Mr. Randolph moved to postpone this item for two (2) weeks, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.D. Ordinance No. 52-91. Ordinance No. 52-91, amending Chapter 52, "Water", Section 52.83 (A), "Backflow Prevention Devices; When Required; Specifications", of the Code of Ordinances, correcting a reference to a State rule, is before the Commission 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 52-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", SECTION 52.83(A), "BACKFLOW PREVENTION DEVICES; WHEN REQUIRED; SPECIFICATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING A REFERENCE TO A STATE RULE; PROVIDING A GENERAL REPEAL- ER CLAUSE, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -9- 8/27/91 (Copy of Ordinance No. 52-91 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Mouw moved for the adoption of Ordinance No. 52-91 on Second and Final Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.E. Ordinance No. 53-91. Ordinance No. 53-91, amending the Land Development Regulations as to the appropriate appeal procedure from decisions made by the Board of Adjustment and Board of Construction Appeals, 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. 53-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINIS- TRATIVE PROVISIONS", SUBSECTION 2.2.4, "THE BOARD OF ADJUSTMENT"' OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; BY ENACTING A NEW PARAGRAPH 2.2.4(D) (6), TO PROVIDE THAT APPEALS FROM THE DECISION OF THE BOARD OF ADJUSTMENT SHALL BE TO THE CIRCUIT COURT; AND BY AMENDING SECTION 2.2.5, "THE BOARD OF CONSTRUCTION APPEALS", BY ENACTING A NEW PARAGRAPH 2.2.5(D) (4), TO PROVIDE THAT APPEALS FROM THE BOARD OF CONSTRUCTION APPEALS SHALL BE TO THE CIRCUIT COURT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 53-91 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. 53-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. -10- 8/27/91 10.F. Request for Waiver of Development Standards. The Commission is to consider the waiver to development standards regarding back-out parking and perimeter landscaping for improvements proposed at Currie Commons. Prior to consideration of this action, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager recommended approval of the waivers to allow the back-out parking and to waive the perimeter landscaping requirement. Lynn Stokes, 1220 Southways, stated this waiver is in conflict with the Comprehensive Plan. Kathy Stokes, 1220 Southways, stated she is opposed to this waiver. Her concerns were the back-out, the turn-around, the impact on neighborhood aesthetics and the fact that there were no public notices given. The public hearing was closed. David Kovacs, Director, Planning and Zoning, stated the Board of Adjustment hearing is still scheduled for Thursday, August 29, 1991 at 5:30 P.M. Mr. Mouw moved approval of the waivers to Currie Commons Park as outlined in the City Manager's memorandum, 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.G.. Request for Waiver of Development Standards. The Commission is to consider the waiver of development standards regarding back-out parking and perimeter landscaping for improvements proposed at Veterans Park. Prior to consideration of this action, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Henry Balvin, 1839 S. Ocean Boulevard, Post 4141, VFW, stated his post should have been advised that the City is proposing to change the monument and should be given a chance to refute how the monument will be changed. Robert Currie, Architect, 25 Seabreeze Avenue, stated Mr. Balvin will be shown the locations before any of the work is done. The following people spoke in opposition of this issue: Roy Foster, 825 N.E.. 1st Street Elizabeth Hamam, 807 N.E. 1st Street -11- 8/27/91 Dr. David Ingstrom, 825 N.E. 1st Street Rita Stats, 809 N.E. 1st Street T.J. Murphy, N.E. 1st Street Kerry Foster, resident Cecil Cox, resident Mr. Currie stated there will be sufficient parking spaces. Kathy Stokes, 1220 Southways, stated residents should not have to argue to get notices from Planning and Zoning. The public hearing was closed. Mr. Kovacs stated the changes in the parking are proposed to accommodate commercial use, the lift station and the shuffleboard courts. The City Manager stated there is absolutely no reason for overnight parking to be allowed, especially in this area. In reply to Mayor Lynch, the City Attorney advised that Section 30.15 of the Code of Ordinances, requires public notice. There is also a special provision stating that the City Manager may give notice whenever he deems it appropriate. Mr. Mouw stated he would like to see a scale drawing of the entire right-of-way, parking on the north side of the street, access on the north side of the street, and the new proposed parking on the south side of the street in order to see if there is sufficient turn around and back-out room. Mr. Randolph stated~ if the Commission can get all the sche- matics that Mr. Mouw has requested and all the requirements are met, he would go for it. Dr. Alperin stated whatever the Commission does to meet all the codes and requests from residents, there will still be opposition. Dr. Alperin moved to postpone this item until September 3, 1991 at 6:00 P.M., seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager stated the landscaping schedule on South Federal Highway is contingent on changing the curbing which should be out for bid next week. This will allow for a bid award in early Octo- ber. ll.B.1. Kathy Stokes, 1220 Southways, stated her concern with regard to jeopardizing the FIND Grant as it relates to Veteran's Park. She -12- 8/27/91 requested the Commission have the City Attorney check with the D.E.R. and the Army Corps of Engineers so as not to lose $157,000. Mayor Lynch requested the City Attorney to check into this matter. ll.B.2. Jean Beer, 945 Tropic Boulevard, stated, for the record, that the Commission is working as hard as possible and is trying to keep the property taxes as low as possible. FIRST READINGS 12.A. Ordinance No. 55-91. Ordinance No. 55-91, amending the Land Development Regulations to allow commercial parking lots as a condition- al use in the Automotive Commercial (AC) District, is before the Commis- sion for consideration on First Reading. Planning and Zoning Board recommends denial (4-2 vote). Community Redevelopment Agency recommends approval. If passed, Public Hearing will be held September 10, 1991. The City Manager presented Ordinance No. 55-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION 4.4.10(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-SUBSECTION 4.4.10(D) (8) TO PROVIDE FOR COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE; PROVID- ING 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. 55-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Ye~; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 57-91. Ordinance No. 57-91, placing and rezoning property located on the east side of Federal Highway, between La Mat Avenue and Avenue "F" from PC (Planned Commercial) to POD (Professional and Office District) or some other zoning district that would be compat- ible with the Transitional Land Use Designation for this property, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 10, 1991. The City Manager presented Ordinance No. 57-91: -13- 8/27/91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN POD (PROFESSIONAL AND OFFICE DISTRICT); SAID LAND BEING LOTS 1 THROUGH 5, INCLUSIVE, LESS THE WEST 38 FEET ST ROAD R/W & ABANDONED 10 FOOT ALLEY EAST OF AND ADJACENT THERETO, BLOCK 24, DEL-RATON PARK, TOGETHER WITH LOTS 6 THRU 10, INCLUSIVE, LESS THE WEST 38 FEET ST ROAD R/W AND 10 FOOT ABANDONED ALLEY LYING EAST OF AND ADJACENT THERETO, BLOCK 24, DEL-RATON PARK, TOGETHER WITH THE EAST 77 FEET OF LOTS 1 THRU 9, INCLUSIVE, AND LOTS 10, 11, 12, 26 AND 27, AND THE 10 FOOT ABANDONED ALLEY LYING WEST OF LOTS 10 AND 27, BLOCK 25, DEL-RATON PARK, ALL AS RECORDED IN PLAT BOOK 14, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch stated he would like the Planning and Zoning Board to come back with better rationale, or leave this as it is. Mr. Andrews moved for the adoption of Ordinance No. 57-91 on First Reading, seconded by Mr. Randolph. Mr. Andrews withdrew his motion, Mr. Randolph withdrew his second. The Mayor allowed the public to speak at this time. Harry Reagan, 2901 Florida Boulevard, stated by adding portions of Lots 24 and 25, there would be sufficient land area depth and it would be compatible to transitional classification zoning. George Braston, Authorized Real Estate Agent representing George Paton, read a letter from Mr. Paton regarding this issue. Scott Elk, representing Henry & Nanette Colombi, stated his clients oppose rezoning and seek only to maintain the present classifi- cation of zoning. Roger Saberson, representing Mr. & Mrs. Stan Levy, stated zoning this property to a residential zoning category would be totally inappropriate. Mr. Andrews stated this property needs to be rezoned to some- thing that will work in the City as well as meeting the objectives of the City. Mr. Mouw moved to deny Ordinance No. 57-91. The motion died for lack of a second. -14- 8/27/91 At this point Mr. Mouw left the Commission Chambers. Mayor Lynch passed the gavel to Vice-Mayor Randolph. Mr. Lynch stated he cannot support the fact that rezoning would be just to sell the property. Mr. Lynch moved to rezone from PC to POD to be consistent with the Comp Plan, on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Vice-Mayor Randolph - Yes. Said motion passed with a 3 to 1 vote. Mr. Lynch stated he is willing to review this issue again. Mr. Mouw returned to the Commission Chambers at this time. 12.C. Ordinance No. 58-91. Ordinance No. 58-91, correcting the zoning classification for a parcel of land located on the south side of Atlantic Avenue between Dover Road and Military Trail (Hamlet Subdivi- sion) from R-l-AA (Single Family Residential) to R-1-A (Single Family Residential) and correcting the Official Zoning Map, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 10, 1991. The City Manager presented Ordinance No. 58-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR LAND LYING AND BEING IN SECTION 13, IN PART, AND SECTION 24, IN PART, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN MILITARY TRAIL AND DOVER ROAD; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews left the Commission Chambers at this time. Dr. Alperin stated there was an error in the caption in that Dover Road doesn't exist there. It was the consensus of the Commission to postpone this item for two (2) weeks in order for the City Attorney to review it. Mr. Andrews returned to the Commission Chambers. 12.D. Ordinance No. 59-91. Ordinance No. 59-91, correcting the zoning classification for three parcels of land located on the northwest -15- 8/27/91 and northeast corners of the intersection of N.E. 7th Street and N.E. 6th Avenue (O.C. Taylor) from GC (General Commercial district to AC (Automotive Commercial) district and correcting the Official Zoning map, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 10, 1991. The City Manager presented Ordinance No. 59-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR THREE PARCELS OF LAND LOCATED ON N.E. 6TH AVENUE, SOUTH OF N.E. 8TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL COMMERCIAL) DIS- TRICT TO AC (AUTO RELATED COMMERCIAL) DISTRICT; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Kovacs stated the Special Review Board agreed that there had been an apparent mistake of not zoning some of the property. Dr. Alperin moved for the adoption of 59-91 to exclude the N.E. properties on both parcels one (1) and three (3) (Porter ¼Paint and Silver Plating) 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. 12.E. Ordinance No. 60-91. Ordinance No. 60-91, correcting the zoning classification for a parcel of land located on the south side of N.W. 4th Street, adjacent to the Cason United Methodist Church facility from R-AA (Single Family Residential) district to CF (Community Facili- ties) district and correcting the Official Zoning map, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 10, 1991. The City Manager presented Ordinance No. 60-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF N.W. 4TH STREET, LYING WESTERLY OF ANd ADJACENT TO THE CASON UNITED METHODIST CHURCH FACILITY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILI- TIES) DISTRICT; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -16- 8/27/91 The City Attorney read the caption of the ordinance. Paul Steele, 1121 N.W. 4th Avenue, stated his objection to requiring the use of a conditional use modification application. Dr. Alperin moved for the adoption of Ordinance No. 60-91, 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. At this time the Commission returned to the Regular Agenda. Mr. Andrews left the Commission Chambers at this time. Dr. Alperin moved to bring Item 9.C. back into the meeting, seconded by Mr. Mouw. 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.C. Lawrence M. Sehres, 2697 N. Ocean Boulevard, Boca Raton Archi- tec~, briefly e~plained the purpose of bringing this issue before the Commission. The following recommendations shall apply to said approval: 1. Require applicant to irrigate the unpaved portion of the right-of-way pursuant to Code Section 4.6.16(H) (3) (b). 2. Waive Code requirement 4.6.16 (H) (3) (e) to plant one tree every 25 feet. 3. Waive Code requirement 4.6.16(e) (8) (c) stating that no more than 70% of the required open space shall be planted in lawn grass. 4. Require all new landscaping to have an irrigation system pursuant to Code Section 4.6.16(F). Mr. Andrews returned to the Commission Chambers during the discussion of this Item. Dr. Alperin moved approval of the four (4) recommendations from the Historic Preservation Board, 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. Mayor Lynch stated, for the record, his surprise at seeing a dog grooming business in that particular area. The City is trying to make that area into a residential-office type area. 9.E. Consider an Off-Site Parking Agreement with Brandy's (Formerly Bridge/Canal Street Restaurants). The Commission is to consider an off-site parking agreement between the City and Brandy's Restaurant. -17- 8/27/91 The City Manager advised the agreement states that if the new parking area to the south no longer exists, for whatever reason, the deck must be demolished and the existing parking block to the north must be further modified. Mr. Andrews moved approval of the agreement, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.F. Gulfstream Boulevard Joint Beautification Project. The Commis- sion is to consider a proposal from Boynton Beach to proceed with Revised Scheme #1. City Manager recommends approval. Mr. Mouw moved approval of the agreement between Boynton Beach and Delray Beach regarding Gulfstrean Boulevard, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.G. Proposed Letter of Commitment. The Commission is to consider a request from the Town of Highland Beach for a Letter of Commitment regarding the sale of treated City water to the Town. City Manager recommends approval. Elizabeth Matthews, 1024 White Drive, stated there have been many problems in the past dealing with Highland Beach. Mayor Lynch stated, especially with the issue of raw sewerage, that there should be a fair compromise and compatibility. Mr. Randolph stated he feels badly about the past problems, but would like to keep a good relationship with the surrounding cities. In reply to Mayor Lynch, the City Manager stated the sewer rates could be researched in order to see whether or not it needs to be addressed. Mr. Mouw moved for approval of the Letter of Commitment, seconded by Mr. Randolph. 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. Mr. Andrews stated the contract should be farsighted and concerned as was the Boca Raton issue regarding water. 9.H. Appointment of Three Members to The Board of Construction Appeals. The Commission is to consider the appointment of three members to fill the vacancies created by the expiration of term of John Baccari, Scott Atkinson and Carney Wilder, Jr. -18- 8/27/91 Mr. Mouw moved to reappoint John Baccari to the Board of Construction Appeals, seconded by Mr. Andrews. Mr. Mouw amended his motion, Mr. Andrews amended his second. Mr. Mouw moved to appoint Ronald Rickert to the Board of Construction Appeals, 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 to reappoint Carney Wilder, Jr. to the Board of Construction Appeals. Mayor Lynch passed the gavel and seconded the motion. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Vice-Mayor Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to reappoint Scott Atkinson to the Board of Construction Appeals, 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. 9.I. Appointment of Three Members to The Planning and Zoning Board. The Commission is to consider the appointment of three members to fill the vacancies created by the expiration of term of Rita Naron, Mark Krall and Jay Felner. Dr. Alperin moved to reappoint Mark Krall to the Planning and Zoning Board, seconded Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to appoint Jack Kellerman to the Planning and Zoning Board, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to reappoint Rita Naron to the Planning and Zoning Board, 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.J. Appointment of Two Regular and Two Alternate Members to The Board of Adjustment. The Commission is to consider the appointment of two regular and two alternate members to fill the vacancies created by the expiration of term of Scott Bechtle, Alvaro Vera, Milford Ross and Marc Shepard. Mr. Andrews moved to reappoint Alvaro Vera to the Board of Adjustment as a regular member, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Mouw - -19- 8/27/91 Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. Mr. Randolph moved to reappoint Scott Bechtle to the Board of Adjustment as a regular member, 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. Mayor Lynch recommended John Baccari as an alternate member to the Board of Adjustment. Mr. Randolph moved to appoint John Baccari as an alternate member to the Board of Adjustment, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph- Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. Mr. Mouw moved to appoint Dorothy Patterson as an alternate member of the Board of Adjustment, 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.K. Appointment of Three Members to The Site Plan Review and Appearance Board. The Commission is to consider the appointment of three members to fill the vacancies created by the expiration of term of Mark Marsh, William Wilsher and Rett Talbot. Mayor Lynch recommended Dr. Tom LaSalle to the Site Plan Review and Appearance Board. Dr. Alperin moved to appoint Dr. Tom LaSalle to the Site Plan Review and Appearance Board, 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. Mr. Mouw moved to reappoint Mark Marsh to the Site Plan Review and Appearance Board, 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. Dr. Alperin moved to reappoint Rett Talbot to the Site Plan Review and Appearance Board, seconded by Mr. Randolph. Upon roll call the Commission~ voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.L. Appointment of Three Members to The Historic Preservation Board. The Commission is to consider the appointment of three members to fill the vacancies created by the expiration of term of Spencer Pompey, Pat Healy-Golembe and Rose Sloan. -20- 8/27/91 Mr. Mouw moved to reappoint Pat Healey-Golembe to the Historic Preservation Board, seconded by Dr. Alperin. Upon roll call the Commis- sion 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. Dr. Alperin moved to reappoint Rose Sloan to the Historic Preservation Board, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved to appoint Sandy Jamison to the Historic Preservation Board, 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. 9.M. Appointment of a Member To The Community Redevelopment Agency. The Commission is to consider the appointment of a member to fill the unexpired term of J. Reeve Bright. Mr. Andrews moved to appoint Edward A. Zuraw to the Community Redevelopment Agency, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.N. Veteran's Park Shuffleboard Courts. The Commission is to consider approving the relocation of the' shuffleboard courts at Veter- an's Park and approve a Service Authorization to the contract with Currie Schneider Associates, AIA, P.A., in the amount of $5,750 for the preparation of construction drawings. Mr. Mouw moved approval of the relocation of the Veteran's Park Shuffleboard Courts, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Apdrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.0 Waiver of Bid Requirements. The Commission is to consider waiving the automobile liability insurance requirement from $500,000 to $300,000 for Metra Industries Inc., low bidder on the Pineridge Road/Church of the Palms Water Main Extension project. The City Attorney stated the time constraints on this project are 120 days, with 90 days to substantially complete. Dr. Alperin moved to waive the bid requirements and reduce the rate to $300,000, seconded by Mr. Randolph. Upon roll call the Commis- sion 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. -21- 8/27/91 9.P. Release of City Liens. The Commission is to consider accepting a payment of $500 to release all City liens against property located at 401 S.W. 10th Street. City Attorney's Office recommends approval. The City Attorney advised the estate is willing to give the City $500.00 in exchange for the release of the liens held on this property. Dr. Alperin moved to approve the release of City liens, subject to the City acquiring the additional right-of-way for the necessary widening of S.W. 10th Street, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.Q. Emergency Repairs - Water Main Intracoastal/Sanitary Sewer - Homewood Boulevard. The Commission is to consider whether to declare an emergency for repairs on the water main on the Intracoastal and the sewer system on Homewood Boulevard. The City Manager stated there is a broken water main on the Intracoastal and is estimated at $26,000 to repair. There is also a sanitary sewer problem on Homewood Boulevard which is estimated to cost, for repairs, $14,00 for the lines and $25,000 for the manhole for a total of $39,000 on the line. Dr. Alperin moved to declare an emergency on these ~two repairs and instruct staff to proceed, seconded by Mr. Andrews. Upon r0~l 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. COMMENTS AND INQUIRES ON NON-AGENDA ITEMS 13.A.1. Mr. Andrews stated he .would like to direct the CRA to look at the vacant gas station on N.E. 8th Street between the two highways. 13.A.2. Mr. Randolph stated Judge Kendall is trying to get a proponent for the resolution on impropriety and requested the City Attorney review it and bring it to a workshop. 13.A.3. Mayor Lynch suggested it would be good public relations to have public notices sent out as needed. He would like to review it, for agreement, at a workshop in order to give staff direction. 13.A.4. Mayor Lynch stated he spoke with Emil Danciu of Boca Raton and Eileen Weiner of Boynton Beach, and both will bring the issue of a joint meeting to their Commissions or City Managers to discuss matters that are pertinent to all three cities. 13.A.5. Mayor Lynch requested adding, once a month under Item 13, Municipality and County Issues in order for all the Commissioners to share information with each other. -22- 8/27/91 13.A.6. Mr. Mouw requested the Commission change the meeting of October 22, 1991 to either October 15 or October 29, 1991. Mayor Lynch stated he would be away on both those dates; however, it was the consensus of the Co~ission to change the meeting to October 29, 1991. 13.A.7. Mr. Mouw stated he had received a letter from Kathi Sumrall reevaluating her position and stating the City should not be so rigid on certain issues. 13.A.8. Dr. Alperin stated the residents of Delray Shores are forming a Homeowner's Association and one main concern is Code Enforcement. They would like to be trained and volunteer to oversee Code violations in their area. The City Manager stated this is being done in many cities. Mayor Lynch directed the City Manager and staff to review this issue and bring it back before the City Co~ission. 13.A.9. Dr. Alperin stated the Chairmen of the various boards would do well to have a meeting and be instructed on how to conduct a meeting. 13.B.1. There were no co~ents or inquiries on non-agenda items from the City Attorney at this time. 13.C.1. The City Manager stated $448,897 has been cut from the budget at this time which encompasses everything except the Fire Station funds which will be $500,000 at the start of January. Mayor Lynch declared the meeting adjourned at 10:45 P.M. ~ City Cl~rk · ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of August 27, 1991, which minutes were formally approved and adopted by the City CommiSsion on ~/7~ /O~ /99/ . City ~erk ! -23- 8/27/91 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. -24- 8/27/91 Prepared statement by Kathy Stokes, resident of Delray Beach and Co-chair of the Recreation and Open Space Task Team for the Comprehensive Plan, presented on August 27, 1991, to the Delray Beach City Commission, to be included in the m~n- utes of its regular meeting, concerning the Stillwater Cruise Ship Operation at Veterans Park and the related Li- cense Agreement. This proposed license agreement for the Stillwater Cruise Ship Operation at Veterans Park is a poorly drafted commercial contract. If the City Commission insists in go- ing forward with it, let's at least produce a contract that reflects a workman-like job. As I noted in my letter of August 23, 1991, my research has indicated that the DER permit which underlies the FIND grant of $157,516.00 for the seawall in Veterans Park re- quired that the marginal dock in the park was to be used for day use only. In the event that the DER is willing to agree that this 10-year license agreement for 24-hour dockage is within the definition of "day use only," it would be only prudent to obtain a written representation from the DER to that effect prior to entering into the license agreement. In addition, it would also be prudent to include written acknowledgements from FIND and the Army Corps of Engineers that they too approve of this license agreement. It is still my view that this license agreement lacks legal sufficiency. More will be required to provide a legal basis for this license agreement than a mere change of the reference in the recitals from Section 92.15 to Chapter 92. In my discussion with Mr. Kurtz at 5 p.m. on Friday, August 23, 1991, he was citing Section 92.17 to me as the legal ba- sis for the contract. However, this section deals with re- vocation of mooring permits. At the end of his memorandum, Mr. Kurtz raises three issues for your consideration for tonight. Of these, perhaps the most important is whether the City is willing to protect Captain Mark from any damages which may arise out of a suc- cessful challenge to the operation of the boat in the park. While Mr. Kurtz has the struck the warranty contained in Ar- ticle 1.02 of the original license agreement, it would ap- pear that Captain Mark or he will ask you to incorporate some sort of guarantee into the final agreement. If you agree to this request and any challenge to the operation of the boat in the park is successful, the City may have to buy the boat. The second issue goes to Captain Mark's request that his liability be limited. He is only willing to indemnify the city for injuries sustained in the park only if the in- jured party has actually purchased a ticket from him. This view is inconsistent with the fact that the licensed prem- ises covers the entire park. If someone is injured on the way to the ticket booth, the City picks up the tab. This issue is the location of the boat and the office building. The memorandum of August 8, 1991, states that the agreement permits the City to choose the exact location for the mooring of the ship. While Article 3.01 contains some language regarding approval of the location, the agreement should be worded in such a way that the exact location of the boat and the office building are fixed. Captain Mark wants the boat in its current location and the office building to be approximately 100 feet from the boat near the bridge area. On Sunday afternoon, August 25, 1991, my husband and I watched Captain Mark pace off the 100 feet, and it appeared that the indicated location was near the water's edge and even with the existing lift station. The intracoastal has its own right-of-way, and any agreement to construct improvements in this right-of-way would require approvals from the appropriate authorities. If a location for the office building is selected that is within the right-of-way, the agreement must make such a location sub- ject to obtaining these approvals. I have reviewed the changes to the license agreement, and I have attached detailed comments about specific provi- sions of the agreement. At the last Commission meeting, Mr. Kurtz said that he had originally dictated the agreement while vacation on Wisconsin, and this explained its unfin- ished nature. However, based on my review, it has not got- ten any better, and I am appalled at many of the provisions. For example, 3.01 The licensed premises is the entire park (4.48 acres more or less), not just the dock space 4.01 The economics stink. While as Hr. Kurtz says in his memorandum, the approach out- lined in the contract is simpler, it is also much cheaper for the boat operator. See attached Schedule. The 50 cent fee which starts out as approximately 1.5~ of gross receipts could fall to as little as 0.55~ by year ]0. For example, if at the end of 10 years (2001), the CPI increase has averaged &%, then the average per passenger revenue will be $&2.&8 while the City's fee will still only be $.50 or approximately .8% of Gross Passenger Revenue. Consequently, over the ten years the City will not share in any price increases the boat operator may make for tickets, food or alcoholic beverages. No provision for income from private parties. 5 & 12 Simply adding "pedestrian" to egress and ingress does protect the park sufficiently from catering and maintenance vehicles for the boat. These sections should affirmatively prohibit such activity. 5.01 Parking for patrons and employees on an "as available" basis for a boat with the capacity for 150-250 people affords no protection for citizens wanting to use the park or the adult Recreation Center 5.02.B Still permits an office building (rather than a ticket booth). No size limitation. 5.03.A No changes madel Licensee has right to have vending machines or amusement machines on the boat or in the building to be constructed. Others with permission. 5.04 This covers minimum days of operation but the Captain seems to cancel cruises if there are not passengers. For example, he cancelled his cruise on Sunday, August 25, 1991, because he felt he didn't have enough passengers (I interviewed people turned away). Cancellations of this type will cause nothing but ill-will and bad publicity for the City. 11.01 No limit on the extent of repairs permitted at the park's dock. Could become a shipyard. As you read my detailed comments in the attached Exhib- it, you will see that the agreement still has inconsisten- cies, and few of my original comments have been addressed. SCHEDULE Veterans Park Boat Issue Projected Per Ticket Payment As a % of Per Passenger Revenue Assuming Uarious Increases in the CPI Effect of Increases In The CPI on Per Passenger Revenue Fiscal Gross $ Per Passenger if Annual CPI Increase is % Year Revenue @ 2% @ 4% @ 6% @ 8% @ 10% 1992 35.00 35.70 36.40 37.10 37.80 38.50 1993 35.00 36.41 37.86 39.33 40.82 42.35 1994 35/00 37.14 39.37 41.69 44.09 46.59 1995 35.00 37.89 40.95 44.19 47.62 51.24 1996 35.00 38.64 42.58 46.84 51.43 56.37 I997 35.00 39.42 44.29 49.65 55.54 62.00 1998 35.00 40.20 46.06 52.63 59.98 68.21 1999 35.00 41.01 47.90 55.78 64.78 75.03 2000 35.00 41.83 49.82 59.13 69.97 82.53 2001 35.00 42.66 51.81 62.68 75.56 90.78 Effect of Increases In The CPI on The City Fee As A % of Gross Revenue Fiscal City % of Gross Revenue if Annual CPI Increase is % Year Fee @ 2% @ 4% 8 6% @ 8% @ 10% 1992 0.50 1.40% 1.37% 1.35% 1.32% 1.30% 1993 0.50 1.37% 1.32% 1.27% 1.22% 1.18% 1994 0.50 1.35% 1.27% 1.20% 1.13% 1.07% 1995 0.50 1.32% 1.22% 1.13% 1.05% 0.98% 1996 0.50 1.29% 1.17% 1.07% 0.97% 0.89% I997 0.50 1.27% 1.1S% 1.01% 0.90% 0.81% 1998 0.50 1.24% 1.09% 0.95% 0.83% 0.73% 1999 O.SO 1.22% 1.04% 0.90% 0.77% 0.67% 2000 0.50 1.20% 1.00% 0.85% 0.71% 0.61% 2001 0.50 1.17% 0.97% 0.80% 0.66% 0.55% EXAMPLE, if at the end of 10 years (2001), the CPI increase has averaged 6%, then the average per passenger revenue will be $62.68 while the City's fee will still only be $.50 or approximately .8% of Gross Passenger Revenue. Consequent]y, over the ten years the City will not share in any price increases the boat operator may make for tickets, food or alcoholic beverages. EXHIBIT MORE COMMENTS ON VARIOUS PROVISIONS of the Stillwater Cruise Ship Operation in Veterans Park License Agreement 1.01. The term of the license has the potential of running for II years because the lO-year term starts to run on the date of the City's receipt of the Notice of Commence- ment of the cruise ship operation. Under Paragraph 5.02, the licensee has up to 12 months to commence operation. 1.02. While the warranty that the operation of cruise ship is an acceptable and approved use for this site has been deleted, please see my comments above. Captain Mark has asked that it be included in the final contract. 1.03. If this license is for a non-commercial use of dock space, one wonders why the City went through all the effort to amend the CF zone district to add commercial ac- tivities of a permanent nature to the list of conditional uses. If this effort was necessary, how can the City be- lieve the license is consistent with the Comprehensive Plan? ARTICLE 2 2.01. The City Commission was originally reticent to agree to a 10 or 15 year term and talked about 5 years, with a 5 year renewal. As originally drafted, this provision represented nothing more than an agreement to agree to ex- tend the license for five years. However, if the City wishes to retain the right to terminate the license at will at the end of five years, extending the term to 10 years will make that impossible. ARTICLE 3 3.01. The licensed premises is described as 4.48 acres more or less, that is, the entire park, while Para- graph 1.03 describes the dock only. This inconsistency still permeates the license agreement. Also, it is diffi- cult to understand that the City is willing to grant this licensee the potential ability to control activities in the park based on the unclear wording of this paragraph. ARTICLE 4 4.01. Since the license fee begins the first of the month following the date of the Notice of Commencement, the licensee has been granted use of the dock (or the entire park if Paragraph 3.01 is not struck) at no monthly charge for up to 12 months. Perhaps the current contract at $240 a month will stay in force, but this is not clear in the li- cense agreement. The provisions of the contract do nothing to protect the City against increases in the CPI. While the per passenger fee of 50 cents may approximate 1.5~ of gross receipts at the beginning of the contract, it could fall to as little as 0.55~ of gross receipts by the 10th year de- pending on the increase in the cost of living. In addition, the agreement contains no provision for what 'happens to in- come from private parties and charters. 4.04. This section is in conflict with 14.01. Ar- ticle 4.04 talks about interest after 30 days, while Article 14.01 talks about default after 10 days with a 14-day notice period. 4.05.C. This provision should be deleted because it talks about gross receipts. ARTICLE 5 5.01. The City will permit the use of parking areas adjacent to Veteran's Park for patrons and employees of the licensee on an "as available" basis. The new boat will car- ry from 150 - 250 people (see Paragraph 5.02.A.) which is a larger number than the current boat carries, and more park- ing space may be needed, also, there is no indication about how many employee spaces will be needed. In addition, where do patrons and employees park if no space is available? Who makes the arrangements, and where, for the additional park- ing? There is also no provision that Delray Beach citizens attending events and activities at the Community Center will get priority parking nor is there a mechanism for enforce- ment. One wonders, too, if the statement that "[s]"uch in- gress and egress and dock space is to be used at the sole risk of the Licensee" is sufficient to shift the burden of risk from the City to the Licensee. While Paragraph 13.01.A.(6) calls for Broad Form Coverage by the Licensee, it is probably beneficial to include an insurance require- ment in this paragraph. 5.02.A. Since the Licensee shall commence operations within 12 months of approval of this license, it is diffi- cult, if not impossible, to understand how the current boat fits in to this agreement. This is especially true in light of Paragraph 24.02, which states that this Agreement super- sedes all written agreements between the parties "with re- spect hereto" There is also a vague, sole reference in Paragraph 20.01 to the "original proposal." Perhaps the boat operator is entitled to operate the current boat for as long as he wishes under the "temporary license" at a lower monthly fee, but it is truly unclear. There is no limitation on the length, width or height of the boat included in the Agreement. 5.02.B. This provision permits an on-site office buildin9 rather than a ticket booth (see Paragraph 1.02 "sale of admission tickets"). There is no size limitation on the building. No requirement is made that it fit into the park plan. Furthermore, this license agreement is supposed- 1y based on a moorin9 permit to moor at public property. Mooring cannot, by definition, include permission to build an office building on public property. 5.03.A. This paragraph still states that the licensee has right to have vending or amusement machines on the boat or in the building to be constructed. If he wants any other vending or amusement machines (presumably outside in the park itself), he will have to ask the City for approval. No where, in any discussions, has any comment been made about giving this boat operator permission to have vending and "amusement" machines in the park. 5.04. and 5.05. See comments under Article 12. ARTICLE 7 7.01. Who pays for bringing the utilities to the dock? Again, how can a mooring permit allow for the connec- tion of water and electricity on public land? Why does the boat operator need water? Does this mean sewage? ARTICLE 11 11.01. It is unclear regarding the extent of repairs that will be permitted at the park's dock, i.e., the dock could become a shipyard. Also, one wonders how supplies, tools, workmen, etc. will gain access to the dock through