Loading...
09-10-91 SEPTEMBER 10, 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 6:02 P.M., Tuesday, September 10, 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 Alan Brewster, Pastor, Cason Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager stated there are three addenda to the agenda, two of which are Items No. 9.H. and 9.I. The City Attorney added that Item No. 10.C.1. has been added, a resolution for the adoption of the budget and rate schedule for the Stormwater Utility. The City Manager requested that Items No. 10.F. and 12.F. be moved to the beginning of the Public Hearing portion of the agenda. Mr. Randolph moved for approval of the agenda, as amended, seconded by Dr. Alperin. 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 stated a correction needs to be made on Page 9 of the Regular meeting minutes of August 27, 1991, (Item 10.D. - Ordinance No. 52-91) by changing the word "backlog" to "backflow". Dr. Alperin moved for approval of the minutes of the Regular Meeting of August 27, 1991, as corrected, 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. Mr. Randolph moved for approval of the minutes of the Special Meeting of September 3, 1991, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. 6.A. Mayor Lynch presented a proclamation proclaiming the week of October 6 through 12, 1991, as "Respiratory Care Week". 6.B. Mayor Lynch read and presented a proclamation proclaiming the week of September 17 through 23, 1991, as "Constitution Week". Carlotta Franklin came forward to accept the proclamation. 7. Presentations. The City Manager stated a Certificate of Appreciation has been received from the Florida League of Cities, Inc., in recognition of the City's participation in the 1991 City Innovations Showcase at the recent convention in Tampa, with regard to the method used in sealing the sewer line along the beach. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Acceptance of an Easement. The Commission is to consider accepting a submerged land easement from the Florida Department of Natural Resources, Division of State Lands, which provides for an off- shore borrow area in conjunction with the Beach Renourishment project. Approval is recommended. 8.B. Request for Waiver of the Landscape Code. The Commission is to consider approval of a request from Polly Noe Antiques for a waiver to the Landscape Code to allow their rear parking area to encroach into the required five foot landscape setback. Historic Preservation Board recommends approval. 8.C. Service Authorization No. 7/O'Brien, Suiter And O'Brien. The Commission is to consider approval of Service Authorization No. 7 in the amount of $1,500 for surveying services necessary to provide boundary surveys and legal descriptions for the access easement and temporary and permanent sites for Fire Station No. 5. Funding is available in Decade of Excellence Bond Issue (Account No. 225-2311-522-61.57). Approval is recommended. 8.D. Resolution No. 65-91. Resolution No. 65-91, assessing costs for abatement action required to demolish an unsafe structure at 628 S.W. 4th Street, is before the Commission for consideration. The caption of Resolution No. 65-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS -2- 9/10/91 FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 65-91 is on file in the official Resolution Book) 8.E. Award of Bids and Contracts. Approval is recommended. A. Computerized Irrigation System - Hector Turf in the amount of $62,913.42 with funding from ($50,000) - General Construc- tion Fund Parks and Recreation/Irrigation and Landscape (Ac- count No. 334-4170-572-65.12). Account balance $50,000) and ($12,931.42) - Parks and Recreation Repair and Upkeep Buildings (Account No. 001-4131-572-33.31). Account balance $19,151. B. Rental Rehabilitation - 146 S.W. 12th Avenue - Abisset Corp. in the amount of $13,247.50 with funding from Community Development Block Grant Housing Rehab (Account No. 118-1975-554-34.81). Matching grant program applicant's share $13,247.50. Account balance $116,891. Dr. Alperin moved for approval of the Consent Agenda, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period from August 27 through September 9, 1991. 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. Appeal of Site Plan Review and Appearance Board Decision/Malden Corporation. The Commission is to consider an appeal of a Site Plan Review and Appearance Board decision to deny a request to use grayish- blue asphalt shingles to re-roof a portion of a white Bermuda tile roof on the Ocean City Marina building located at 777 Palm Trail. Mark Marsh, Vice-Chairman representing the Site Plan Review and Appearance Board, stated this is the second time this project has come -3- 9/10/91 before the Board. The proposed asphalt shingles will match the rectory across the street; however, the Board feels it is very drab and gray- looking and they would like a higher profile shingle or possibly cement tile that they feel would be more in keeping with the style of the building. Conrad Boyle, Attorney, representing the Malden Corporation, stated he feels the Site Plan Review and Appearance Board was in error. They spoke of upgrading the area and making other changes. It is his understanding that this is not what the Code states. Upon question by Mayor Lynch, Mr. Boyle assured him the second floor will also have a new roof, but it would be necessary to do this in phases. Mr. Andrews commented that he would like to place this on a workshop to discuss condemning the land and having the City take it over. Mr. Mouw recommended that both stories be re-roofed, regardless of the material used; however, he feels the Commission should refrain from dictating the type of material. Dr. Alperin stated he feels the Board has the responsibility of determining approval or disapproval of the request and the Commission should support that action. Mr. Randolph agreed with Mr. Mouw regarding the choice of material, but also feels a workshop might be advisable because of the location and the structure of the building. Mayor Lynch expressed confidence in the Board in support of their decision. Mr. Andrews moved to accept the recommendation of the SPRAB Board and schedule a workshop for the possible condemnation of the building, seconded by Mr. Randolph. Mr. Boyle stated, for the record, that there will be no objec- tion to replacing both roofs at the same time. However, he objected to the discussion of dictating a specific type of roof, as it is not relevant to the issue. The City Attorney advised the motion should be to deny the appeal. Mr. Andrews made a substitute motion to deny the appeal, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.C. Acceptance of Final Report. The Commission is to consider accepting the final report on the Banker's Row Program for Reuse and -4- 9/10/91 Restoration and direct staff to implement the recommendations as set forth in that report. David Kovacs, Planning Director, stated that acceptance of the report is not adopting it as a plan, but rather indicating approval that the consultants, the committee and staff have done their work and the report can be turned over to the Planning Department in order that those proposed improvements can be pursued in sections that include changes in the Comprehensive Plan and the Land Development Regulations. Mr. Andrews stated he feels Victoria Johnson should be commend- ed in the form of a letter from the Commission. Dr. Alperin moved for acceptance of the Banker's Row Report, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.D. Golf Course Restaurant Roof Repairs. The Commission is to consider authorizing staff to proceed with repairs to the Golf Course restaurant roof. The City Manager stated there is an error in the cover letter; the amount should read $13,500 instead of $17,500. Mr. Andrews moved for approval of the roof repair, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. Appointment to the General Employees Retirement Committee. The Commission is to consider the appointment of a member to fill the unexpired term of Edward A. Zuraw. Mayor Lynch recommended that Jeffrey Keating be appointed to fill this position, as Mr. Zuraw was recently appointed to the Community Redevelopment Agency. Mr. Mouw moved to appoint Jeffrey Keating to fill the unexpired term of Edward A. Zuraw, 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.F. Status Report/License Agreement Isan Charters, Inc., D/B/A Stillwater Cruises. The Commission is to consider a verbal update on the status of the license agreement. The City Attorney stated his office has been involved with the Captain, at Commission request, to discuss some of the rules and regula- tions. Items discussed have been sewage, fueling and garbage and it is understood that there will be no trucks driving on site for any activi- ty. With respect to garbage disposal, there will be a dumpster, fully- screened at the licensee's expense to comply with City Code and will be -5- 9/10/91 located in accordance with the City's direction. With respect to fueling, that will be done offsite at a commercial dock. At the request of Joe Weldon, Director of Parks and Recreation, the City will retain the right to approve all the advertising for the operation. Any rules or regulations regarding the use of the Park will be promulgated in the future, as the need arises. He advised that he and Mr. Weldon are discussing the need for modification of the seawall permit with the Department of Environmental Regulation, which does not appear to be a major hurdle. At this time, the next probable date this item will be returned to the Commission will be at the Regular Meeting of September 24th. Upon question by Mr. Randolph, the City Attorney responded that the ticket facility contemplated at this time will be a temporary office, at a location decided by Mr. Weldon. The Building Department will inspect the structure for appropriateness. 9.G. Request to Place Special Event Signs in the City's Right-of- Way. The Commission is to consider a request from the Chamber of Commerce to place special event signs in the right-of-way on North and South Federal Highway and at various locations throughout the City from September 30 through October 5, 1991, to advertise the First Annual Business Expo at the Delray Beach Mall. Mr. Mouw moved for approval of the request for special event signs, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.H. Acceptance of Offer of Settlement. The Commission is to consider acceptance of an offer of settlement in the amount of $22,850, inclusive of attorneys fees and costs to settle the City vs. Scurei eminent domain litigation. The City previously deposited $15,350 with the Registry of the Court when the property was acquired in October, 1989. The City Attorney recommends settlement of this case. Dr. Alperin moved for approval of the offer of settlement in the amount of $22,850, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.I. Traffic Signal Installation - S.W. 4th Avenue and 10th Street. The Commission is to consider authorizing an award of contract to SAS Signal Systems, Inc., in the amount of $30,382 for installation of a traffic signal at S.W. 4th Avenue and 10th Street with funding from Environmental Services Repair and Upkeep Traffic Signals (Account No. 001-3141-541-33.38). Account balance $40,000. Dr. Alperin moved to approve an award of contract to SAS Signal Systems, Inc., with the funding as indicated, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. -6- 9/10/91 Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:55 P.M., the Commission moved to the First Readings portion of the agenda. FIRST READINGS 12.A. 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 Military Trail and the E 3 1/2 - 3 Lake Worth Drainage District Canal (Hamlet Subdivision) from R-1AA (Single Family Residential) to R-lA (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 24th. 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 THE E 3 1/2-3 LAKE WORTH DRAINAGE DISTRICT CANAL; 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. Randolph moved for the adoption of Ordinance No. 58-91 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 - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 61-91. Ordinance No. 61-91, correcting the zoning classification for a parcel of land located on the west side of Federal Highway at 10th Street (Wallace) from GC (General Commercial) to AC (Auto Related Commercial) and correcting the Official Zoning Map, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 61-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR LOTS 10 THRU 15, INCLUSIVE, BLOCK 8, RIO -7- 9/10/91 DEL REY, LOCATED AT THE NORTHWEST CORNER OF S.E. 10TH STREET AND S.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGH- WAY) FROM GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOBILE RELATED COMMERCIAL) DISTRICT; AND CORRECT- ING "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. Michael Weiner, representing the applicant, stated that when the Land Development Regulation map originally came out in August of 1990, all of the automobile dealerships were grandfathered in with the exception of a few. He had appeared at the final public hearing (adop- tion of the LDRs) and requested AC zoning for the subject property and the City Commission approved his request, but the zoning was not so shown on the Official Zoning Map. He then petitioned the Special Adjust- ment Advisory Board and they determined that there may have been an inadvertent action. Therefore, it has been returned to the Commission for special consideration. Mr. Kovacs stated that, at the Public Hearing, had the City Commission had access to specific drawings in place of verbal explana- tions, perhaps there would have been no misunderstanding, allowing Mr. Weiner to believe that the west side of southbound Federal was included. However, that area was not a part of a conditional use which did exist for property east of 5th Avenue. Mr. Kovacs stated, for the record, if AC zoning should be approved, the property owner will be required to pay a $900 fee and go through the Public Hearing process in order to estab- lish a retail use on this property before he can proceed with a site plan. Mr. Weiner acknowledged the more restrictive nature of AC versus GC zoning. Mr. Mouw moved for the adoption of Ordinance No. 61-91 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. Before roll call the following discussion was had: Upon question by Mr. Andrews regarding the two allegations that an error was made in the zoning designation, Mr. Kovacs responded that Mr. Weiner submitted a letter to the Commission referring to Block 7, advising that the Proposed Zoning Map showed a classification of GC zoning and he asked that it be changed to a zoning designation of AC. The' item was brought before the Commission during an LDR workshop. A consensus was reached to proceed with the AC zoning. Prior to the actual adoption, a letter was received from Mr. Weiner addressing Blocks 7 and 8. Mr. Weiner is correct in stating that this item was not presented clearly; Block 8 was inadvertently omitted. Mr. Andrews requested confirmation that, if there is an auto- mobile use on this parcel, it is in conjunction only if the area across 8 9/10/91 the street is used as AC. Mr. Kovacs stated that an automobile use such as a body shop, a tire shop, etc., can be established in the AC dis- trict, regardless of lot size, under a conditional use approval; how- ever, it is not permissible for the site to be used as a display lot or a service lot in conjunction with the AC zoned property east of Fifth Avenue. At this point the roll was called to the motion. At this point, the time being 7:15 P.M., the Commission moved to the Public Hearings portion of the agenda. PUBLIC HEARINGS 10.F. 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 96 square foot sign, 16 feet high and located in the setback where the Sign Code allows a maximum area of 40 square feet and a height of seven feet. City Manager recommends approval. Prior to consideration of passage of this request, 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. Richard Eckerle and Alice Finst, residents, spoke in opposition to the height of the sign being so close in proximity to a residential area. Mark Gregory, Delray Sign Company, representing the Hamlet Shoppes, stated the sign has been reduced in height and total square feet at the recommendation of staff and he feels there is a setback problem. The property was designed .in accordance with the old County Code requirements and does not allow for moving the sign back. The public hearing was closed. Mr. Mouw moved for approval of the request of waiver. Motion died for lack of a second. Mr. Randolph moved for approval of the request on the condition that the height be lowered to 14 feet, seconded by Mr. Mouw. Mr. Kovacs stated that the exhibit that showed the south end of the parking lot should also show the parking lot as far north as possi- ble. Mayor Lynch requested this be incorporated into the motion. Mr. Randolph amended his motion to include Mr. Kovac's remarks, Mr. Mouw amended his second. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. -9- 9/10/91 12.F. Ordinance No. 65-91. Ordinance No. 65-91, amending Chapter 117 of the Code of Ordinances to increase the fee charged for a landlord permit from $11.50 to $13.00, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 65-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", CHAPTER 117, "LANDLORD PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 117.02, "PERMIT FEES", TO INCREASE THE PER UNIT COST FOR THE ANNUAL PERMIT FEE; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 65-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.A. Resolution No. 66-91. Resolution No. 66-91, levying a tenta- tive tax on all properties within the City of Delray Beach, is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 66-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPER- TIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. The City Attorney read Resolution No. 66-91 in its entirety. 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 commented that he would like to refresh the memory of the Commission in the procedure followed in budget hearings. The first substantial issue to be discussed is the percentage of in- crease of millage over roll-back rate necessary to fund the budget and the specific purposes for which ad valorem' tax revenues are being increased. The governing body is required to hear comments regarding the proposed increase and explain the reasons on the roll-back rate. The -10- 9/10/91 governing body is also required to adopt the millage rate prior to adopting the budget. The City Manager explained to the public that the valuation placed on their real property is determined by the Property Appraiser's Office under the direction of Rebecca Walker and which the City has no control over; however, there is an appeal process that can be made with the Property Appraiser. The City Manager gave an overview of the proposed services, explaining that the City's total property tax at $7.15 mils would increase the total revenue by $1,084,000. Due to the present economy, many of the revenues for the current year have not been as high as projected so there is no General Fund surplus projected for the coming year. The other major change in the service proposed to be provided by the City, is to add the 5th fire station to serve the southwest area of the City. He stated he will present the budget proposal later this evening, which will maintain the millage rate at $7.15 mils, there will be no lay-offs and Fire Station No. 5 will be placed in operation on January 1st. Arthur Jackel, United Property Owners, voiced his approval of Fire Station No. 5, requested that no merit increases be allowed for this year, suggested that Old School Square be funded privately and feels confident that the City Manager will come through. He invited the public to attend a State-wide meeting at the Community Center on Thurs- day, October 17, 1991 at 7:00 P.M., supported by the United Property Owners, at which time taxes and assessments will be discussed. Gerald DeFoe, Member of the Board of Administration for Country Manors, a Board Director of PROD and a member of the Council of Communi- ties of Delray, expressed heartfelt thanks to the Commission on behalf of these members, the City Manager and the budget staff for attempting to keep the budget down and proposing that Fire Station No. 5 will be in operation on January 1, 1992. Saul Weinberger, President of the Civic Association in Del-Aire, complimented the City Manager for his proposal of Fire Station No. 5. Edward Willanzheimer, Tropic Isles, objected to the engineering costs involved for the road construction work done in his area. Upon question by a resident, the City Manager responded that the stormwater assessment for last year covered a 15-month period. This coming year it will be placed on the property tax bill; however, it is an annual fee that will be collected until such time as the work is completed and the Commission is assured there is no longer a need. Karen Kiselewski, 3674 Lakeview Boulevard, spoke in favor of the proposed Fire Station No. 5. Dr. Paul Friedman, 2444 N.W. 8th Street, questioned if the Fire Station on Military Trail near Boca Raton has been taken into -11- 9/10/91 consideration during emergencies. The City Manager responded that the City of Boca Raton is neither interested nor willing to service this area on a first response basis. The City of Delray does have an agree- ment with Palm Beach County on a first response basis and they are approximately the same distance. Based on past experiences, the City usually arrives before or at the same time as the County; therefore, this is not the solution. Daniel Wallace, 234 S.W. 13th Avenue, questioned if a fire hydrant can be installed in his area, as there is none at this time. The City Manager advised that area will be going out for bids during the next month, along with the water and sewer service. Bill Oehme, 929 Cypress Drive, stated that the millage laws dictate that assessments must go up to 100% of fair market value and that an increase in assessed values should call for a roll-back in millage rates. He urged the public to attend the rally at the County Governmental Center Building on Thursday, September 12th at 11:00 A.M., as he feels this is a State problem and must be fought on a State level. Warren Fabel, 961 Iris Drive, questioned how the Commission can address the millage prior to addressing the budget. The City Manager stated he shared Mr. Fabel's feeling, but advised him that the State Law requires that it be addressed in this sequence and the City was so informed by the Internal Revenue Service in May of 1991. If there is disagreement from the public, the State Legislators should be approach- ed. Jean Beer, resident, commented that she is delighted to see so many residents in attendance and hopes they will attend each successive year to lend their support to the people who work so diligently trying to cut back on the local budget in addition to offering assistance at the State level. The public hearing was closed. Mr. Mouw moved for the adoption of Resolution No. 66-91, with the change in Section 1 to reduce the $6.4 per thousand millage to $6.2 and any other reference to that millage throughout the resolution, 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. 10.B. Resolution No. 67-91. Resolution No. 67-91, making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1991 to September 30, 1992, is before the Commis- sion for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager recommends approval. The City Manager presented Resolution No. 67-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS -12- 9/10/91 OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1991, TO THE 30TH DAY OF SEPTEMBER, 1992; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITHIN RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. 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 City Manager summarized the revenue and expense sheets. He noted that the largest expense increases are in Police Patrol, Fire Emergency Services, Police Support Services, Police Investigation and Parks and Recreation services. Further line cuts have been proposed in the amount of $375,000, including reducing merit increases for employees to an average of 4% and cuts in the pay plan regarding reclassification wherein the employee would receive no more than a 2 1/2% adjustment. In addition, it is proposed that certain positions now vacant will be frozen, such as the Personnel Director position, one Police Sergeant position, a Custodian position, etc. This will allow Fire Station No. 5 to open on January 1, 1992, while still avoiding any employee layoffs. The City has also proposed cutting out all top-out bonuses and the sick leave buyback. The public hearing was closed. Dr. Alperin moved for the adoption of Resolution No. 67-91, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C Stormwater Utility. The Commission is to consider adopting the non-ad valorem Stormwater Utility Assessment Roll. 10.C.1. Resolution No. 68-91. Resolution No. 68-91, setting forth the budget and rate schedule for the Stormwater Utility, is before the Commission for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 68-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGE- MENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH ORDINANCES NO. 21-90, 49-90 AND 8-91 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY -13- 9/10/91 AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL. Assistant City Attorney Ruby 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. Jay Felner, 4770 Tree Fern Drive, questioned why communities with dedicated streets and controlled stormwater drainage structures are assessed where the City has no expense. Rob Taylor, Deputy Director of Environmental Services/Public Works, stated at the time the ordinance was adopted, it was determined that those communities that maintain their own systems would be relieved of a portion of their assessment. There remains certain administrative requirements that the City performs for the entire municipal boundary. Upon question by the City Manager, Mr. Taylor explained that certain circumstances were reviewed under which the City would undertake the maintenance of some of the private systems that are currently in existence. Bernie Burkoff, President of the Homeowners Association of the Villas of Rainberry Lakes, stated he is seeking clarification regarding a $770 assessment for a recreational area between the Villas of Rain- berry Lakes and the Homes of Rainberry Lakes on which there are no homes. Mr. Taylor responded that, should there be an area such as described, he feels an error has been made and Environmental Services should be contacted and information supplied in order to get this corrected. Bill Hegstrom, 225 N.E. 22nd Street, commented that he does not understand the extra tax. Mayor Lynch responded that the rain that picks up gasoline, etc. off the streets and returns to bodies of water must be clean. This applies to every City in the Country. The City had an option to wait until it was mandated or begin preparation now, which was the decision made by the Commission. Mark Miller, 635 S.W. 5th Avenue, questioned if this is a one-time billing. The City Manager advised that the first year was for a period of 15 months. The assessment this year will be for a 12-month period and will be placed on the property tax bill. Upon further questioning, Mayor Lynch advised there is no sunset date but, hopefully, future City Commissions will eliminate the fee when the project is completed. Jerry Marshall, Woodlake, stated he feels a fee of $27.00 per year is a small price to pay to help conserve our precious water. The public hearing was closed. Dr. Alperin moved for the adoption of Resolution No. 68-91, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. -14- 9/10/91 Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.D. 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 (CBD), General Commercial (GC) and Planned Commercial (PC) zoning districts, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 54-91 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. Mr. Kovacs stated the Planning and Zoning Board recommended that the ordinance not be approved, as written, but to have it redrafted and adopted with substantial modifications, which he noted. The City Attorney' advised that, with respect to many of the exemptions mentioned by Mr. Kovacs, the Commission not make those exceptions at this time until they are fully studied. He suggested that the Planning and Zoning Board review these modifications and give direction to have some exceptions made but to give them due consider- ation. Helen Coopersmith, Murray Kalish, Arthur Jackel, Jack Babich, and Jerry Marshall spoke in opposition to Ordinance No. 54-91. Bernie Siegel, 2614 N.W. 41st Street, Boca Raton, representing the applicant, stated he realizes everyone has put a lot of time and -15- 9/10/91 effort in the making of this ordinance and feels confident in the fact that this community leans towards having an ordinance that would govern what they feel a flea market should be. He urged the Commission to have an ordinance drafted and he will ensure that the project will comply with whatever is required. Jay Slavin, Rainberry Bay, stated she would like to remind the Commission that this flea market is contained, the parking spaces are in place, there will be no parking on the street and the sales tax will be collected, making it a source of revenue for Delray. The public hearing was closed. Mr. Andrews expressed concern regarding the indoor markets that contain less than 10,000 square feet. He also feels the impact on parking could be extremely severe in the downtown area. He is concerned about the aggregation of the property, regardless of whether or not it is the same owner. Mayor Lynch stated he agrees with the aggregation, feels it could be very detrimental to the City, that it will chase good business- es away that currently are paying sales tax, and that the ordinance should be made as tough as possible. Dr. Alperin moved to defer action on Ordinance No. 54-91 for further consideration by the City Attorney, 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. Before roll call the following discussion was had: The City Attorney questioned, with regard to architectural review, if everyone is in accord to delete this, as suggested by Plan- ning and Zoning. The Commission reached a consensus to look at the architectural aesthetics, provided they are not too restrictive. Mr. Randolph suggested some type of wall separation as a fire safety measure. The City Attorney, in summarizing, stated the principal area of modification will be in the definition of the average space with a definite minimum as opposed to just "minimum", the aggregation and limitation on signage. At this point the roll was called to the motion. 10.E. Ordinance No. 49-91. Ordinance No. 49-91, amending the list of conditional uses and structures allowed within the Community Facilities (CF) zoning district to provide for commercial activities and businesses upon publicly owned lands as a conditional use, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning -16- 9/10/91 Board 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. 10.E.1. Request for Conditional Use Approval. The Commission is to consider a request for conditional use approval to operate a cruise boat and ticket sales at Veterans Park. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 49-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUB-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. (Copy of Ordinance No. 49-91 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 City Attorney stated that he and Mr. Kovacs jointly recom- mend that this ordinance be rejected in order to define the uses that will be placed in the conditional use aspect. Kathi Stokes, read a prepared statement into the record in opposition to Ordinance No. 49-91. (Copy is attached). The public hearing was closed. Dr. Alperin moved to deny Ordinance No. 49-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.G. Ordinance No. 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 Second and FINAL Reading. Community Redevel- opment Agency recommends approval. Prior to consideration of passage of -17- 9/10/91 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. 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. (Copy of Ordinance No. 55-91 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 City Attorney stated the Planning Director has requested that the language in the body of the ordinance be amended on the second line of Section 1. (8) of the text. It should read "secondary" instead of "accessory". Stanley Milosky, and Jay Slavin spoke in opposition to Ordi- nance No. 55-91. Kathi Stokes, stated when there is a proposed LDR amendment, the P&Z Board sits at the LPA and she feels they should take a look at the Comprehensive Plan to see if it is in accordance with the Comp Plan policy. This is required by State Statute and she would like to see this procedure started. Ms. Stokes stated, in addition to the objections voiced by the P&Z Board, she feels that any automobile dealer with a sizeable parking lot that is located close to a flea market is going to need police patrol. Discussion followed regarding commercial parking lots in relation to zoning districts and conditional use categories. Marilyn Carr, operator of a business located at 2101 N. Federal Highway, requested that the Commission adopt Ordinance No. 55-91 to help alleviate the traffic problem in this area. The public hearing was closed. Mayor Lynch stated he would be in favor, with the cOndition that it be a short term intermediate use. Upon question, Mr. Kovacs -18- 9/10/91 responded that a ConditiOnal use can be restricted for a specific time, not as a part of this ordinance, but as a part of the conditional use itself. Mr. Randolph stated he feels this will be useful as a safety factor. Dr. Alperin moved for the adoption of Ordinance No. 55-91 on Second and FINAL 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.H. Ordinance No. 57-91. Ordinance No. 57-91, rezoning property located on the east side of Federal Highway, between LaMat Avenue and Avenue "F" from PC (Planned Commercial) to POD (Professional and Office District), is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 57-91: 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. (Copy of Ordinance No. 57-91 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. Roger Saberson, representing the applicant, requested that this property be zoned GC. -19- 9/10/91 Paul Bramsted, realtor, representing George Paton, stated Mr. Paton is the owner of five lots along Federal Highway and two lots directly behind which are not large enough to build on. These two lots are needed to give the front lots sufficient depth. They are zoned differently, making it impossible to lease or sell the property. The request is for the entire parcel to be zoned GC and he is requesting that the Commission give this serious consideration. Scott Elk, representing the Columbis, stated a rezoning of this property would require them to rebuild the property to allow the contem- plated uses under a POD zoning which would present a severe economic burden to them. His request is that the present classification of Commercial zoning be maintained and an amendment be made to the future Land Use Map. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 57-91 on Second and Final Reading, seconded by Mr. Lynch (passed the gavel to Vice-Mayor Randolph in order to second the motion). Upon roll call the Commission voted as follows: Mr. Andrews - No; Vice-Mayor Randolph - No; Mr. Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes. Said motion FAILED with a 3 to 2 vote. Mr. Kovacs advised that the Commission is now in a position where there is an inconsistency between this property and the Compre- hensive Plan; either the Comp Plan must be changed or the zoning must be changed. Upon discussion, the City Attorney advised, if the meeting is to be reopened to public participation, a motion to reconsider must be made by a Commissioner who voted against the motion to adopt. Mr. Randolph moved to reconsider, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes. Said motion passed with a 3 to 2 vote. Before roll call, the following discussion was had: Mr. Andrews commented that Mr. Kovacs mentioned returning to the Comp Plan and, it was his understanding, that there was money in the budget to review compliance with the Comp Plan and doing certain things regarding Commission obligation with the State. He questioned the cost involved to review this type of situation. Mr. Kovacs stated it would cost $1400 for notice requirements, plus paperwork, mailing, etc., making a grand total of approximately $2,000. Discussion followed. At this time the roll was called to the motion. Jean Beer, stated the residents of Tropic Bay are not present, but the P&Z Board advised they would be happy to see the two lots behind each respective property be included to give more depth, if this would help the property owners. -20- 9/10/91 Mr. Saberson referenced the map and requested that the Commis- sion take another look at the property to confirm his feeling that it should not be zoned residential. As a point of interest, he stated that this property was appraised recently in terms of residential and a negative value resulted in terms of that use; therefore, he feels it is not feasible. Mr. Bramsted and Mr. Elk concurred that a residential use on this property is not a use that any of their present or prospective clients are interested in. Dr. Alperin moved for the adoption of Ordinance No. 57-91 on Second and FINAL Reading, seconded by Mr. Lynch (Mayor Lynch passed the gavel to Vice-Mayor Randolph). Upon roll call the Commission voted as follows: Vice-Mayor Randolph - Yes; Mr. Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. 10.I. Ordinance No. 59-91. Ordinance No. 59-91, correcting the zoning classification for three parcels of land located on N.E. 6th Avenue south of N.E. 8th Street (O.C. Taylor) from GC (General Commer- cial) district to AC (Auto Related Commercial) district and correcting the Official Zoning map, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 59-91 is on file in the official Ordi- nance Book) Assistant City Attorney Ruby 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. 59-91 on Second and FINAL Reading, 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. -21- 9/10/91 10.J. 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-lA (Single Family Residential) district to CF (Community Facili- ties) district and correcting the Official Zoning map, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 60-91 is on file in the official Ordi- nance Book) Assistant City Attorney Ruby 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. 60-91 on Second and FINAL 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. 11. Comments and Inquiries on Non-Agenda Items from the Public. ll.A. The City Manager stated the only item from the last meeting has already been addressed. ll.B.1. Mary Lou Jamison, President of the Del-Ida Neighborhood Associ- ation, expressed her concern regarding the delay of the 8th Street Circle project. ll.B.2. Gerald Fillipi, resident, questioned if the City is contemplat- ing any increase in water and sewer rates. The City Manager responded there will be no increase; however, some of the garbage rates will be increased and some will be decreased. The contract with Waste Manage- ment requires that rates increase according to Consumer Price Index, which affects all residential rates. Part of the commercial charge for the coming year is being assessed in the same way as residential; -22- 9/10/91 therefore the commercial rates will be reduced, to partially offset what is being paid through the assessment process. ll.B.3. Jerry Marshall questioned why the City of Delray Police cannot be involved in a single radio program with the police from surrounding cities. Mayor Lynch stated that there are different systems. The City Manager advised that the cost for the City of Delray to get on the same frequency band in approximately $3,000,000. ll.B.4. Mr. Marshall questioned why the Fire Departments could not be incorporated in the same manner. Mayor Lynch responded that a meeting is to be scheduled in the month of October for the three Commissions to get together and start working as a team. ll.B.5. Alice Finst, 707 Place Tavant, thanked the Commission for allowing her to attend the ribbon cutting ceremony at the Water Treat- ment Plant and to take part in the ground-breaking at Veterans Park. ll.B.6. Mrs. Finst stated earlier in the year she had suggested to the Commission some criteria for Board appointments and requested a work- shop. She is still interested in having this done and would like the Commission to give this serious consideration, with special consider- ation for the area west of 1-95. ll.B.7. Mrs. Finst stated she was horrified when she saw that the 1913 building in the Old School Square block and discovered it had been named the Cornell Museum. To her knowledge, these letters have been through no review process and she feels it is inappropriate to name public properties after private individuals when the taxpayers have helped to fund a good portion of a project. She requested that the Commission set specific guidelines for naming public properties and demand that those letters be removed from the building immediately. She further requested that both items she brought before the Commission be placed on a work- shop in the near future. At this time the Commission returned to the First Reading portion of the agenda. FIRST READINGS 12.C. Ordinance No. 62-91. Ordinance No. 62-91, correcting the zoning classification for property located east of and adjacent to Interstate 95 and north of S.W. 6th Street (Surles) from OS (Open Space) to R-lA (Single Family Residential) zoning district and correcting the Official Zoning Map, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 62-91: 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 NORTH SIDE OF S.W. 6TH STREET, IF EXTENDED WESTWARD, BETWEEN -23- 9/10/91 INTERSTATE 95 AND S.W. 15TH TERRACE, AS MORE PARTICU- LARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) DISTRICT TO R-lA (SINGLE FAMILY RESIDENTIAL) DISTRICT; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Mr. Alperin moved for the adoption of Ordinance No. 62-91 on First 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. 12.D. Ordinance No. 63-91. Ordinance No. 63-91, rezoning the golf course property located within the Del-Aire Golf Course subdivision from R-1AA (Single Family Residential) to OS (Open Space) zoning district, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 63-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND IS LOCATED WITHIN THE DEL-AIRE GOLF CLUB SUBDIVISION; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 63-91 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 - Yes. Said motion passed with a 5 to 0 vote. 12.E. Ordinance No. 64-91. Ordinance No. 64-91, correcting an error contained within Section 2.4.7 (F) (2), of the Land Development Regula- tions, and extending the period of time during which the Special Adjust- ment Advisory Board may recommend correcting errors within the LDRs, is before the Commission for consideration on First Reading. City Manager recommends approval. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 64-91: -2'4- 9/10/91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING SUBSECTION 2.4.7(F) (2), "RELIEF FROM IMPROPER REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR PROCEDURES FOR OBTAINING RELIEF FROM ERRORS WITHIN THE LAND DEVELOPMENT REGULATIONS WHICH INADVERTENTLY CREATE UNDUE HARDSHIP; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 64-91 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.G. Ordinance No. 66-91. Ordinance No. 66-91, changing the rates for residential and commercial garbage and trash services; and changing the rates for residential recycling services, is before the Commission for consideration on First Reading. The City Manager recommends approv- al. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 66-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING 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", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SER- VICE; TO PROVIDE FOR DECREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 66-91 on First Reading, 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. 12.H. Ordinance No. 67-91. Ordinance No. 67-91, amending Section 52.52(A) of the Code of Ordinances to provide for a reduction in the penalty charged for late payment for utility services, is before the -25- 9/10/91 Commission for consideration on First Reading. The City Manager recom- mends approval. If passed, Public Hearing will be held September 24th. The City Manager requested that this ordinance be delayed to allow him additional time for review. Dr. Alperin moved to defer Ordinance No. 67-91 on First Reading as requested by the City Manager, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Dr. Alperin stated the South County Council of Government has a meeting scheduled for tomorrow at 4:00 P.M. at Patch Reef Park regarding the elimination of the special taxing districts. 13.A.2. Mr. Mouw stated he would like the City Manager to review the process by which the City introduced fluoride into the water. l~.A.3. Mr. Andrews stated he would like someone to look into the need for a stop sign at S.W. 8th Avenue and S.W. 2nd Street. 13.A.4. Mr. Andrews stated he would like to schedule a workshop to discuss the City Marina property on N.E. 8th Street. 13.A.5. Mr. Andrews stated he agrees with Mrs. Finst regarding the Cornell Museum letters and feels this should be discussed. 13.A.6. Mr. Andrews stated he would like to schedule a workshop to take a long term look at residential vs commercial zoning. 13.A.7. Mr. Andrews stated he has a problem with some of the TV camera commentary, in reference to City Officials and takes offense at it. 13.A.8. Mr. Randolph questioned if any input has been received regard- ing the Fire Emergency response time for the temporary area. The City Manager.responded that he has received no current data. 13.A.9. Mayor Lynch stated apparently there is a letter that states the City may proceed with implementing signs from the FEC and questioned why this has not been initiated. 13.A.10. Mayor Lynch commented that there is a trailer for sale on South Federal Highway, near the Honda Dealership, and he does not understand how the City allows this to continue to be located there. If the Code needs to be amended, he would like to be so informed. 13.A.11. Mayor Lynch stated, under the Municipal League, the Legislative Committee met recently and presented the following three items: 1) To do away with the Homestead Act; 2) To change the law on Eminent Domain to make it easier; and 3) To commence charging partial taxes, by quar- terly assessments. He indicated that he was in favor of all three. -26- 9/10/91 Prepared statement by Kathy Stokes, resident of Delray Beach, presented on September 10, 1991, at a hearing before the Delray Beach City Commission on proposed Ordinance 49-91. .. This is my last chance to try to convince you to vote against passage of this Ordinance to allow commercial as a conditional use in the parks and on school grounds. The amendment was originally proposed in order to allow a commercial cruise boat operation in Veterans Park. It now seems unlikely that the boat will be allowed to operate. Based on the letter from DER which ! forwarded to you on Friday,. the DER permit for the seawall "was issued for a dock intended for day use only." This means the boat cannot operate in the park unless the City seeks a modification of the permit. Based on a report by the City's consultant, it will be difficult, if not impossible, to get this' modifica- tion. The concession stands at Miller Park and Currie Commons and any future one at Pompey Park should be for the use non-profit civic groups to raise money for local charities. A concession stand run by a business operator won't tolerate competition from civic groups. I have seen this happen in a county park setting where the concessionaire forced the sponsoring charity to stop selling beverages from its own booth because of the competition. There is strong opposition to commercial at the beach parks (see the attached pages from the most recent newslet- ter of the Beach Property Owners' Association). Delray's beach is a special place -- let's not have the potential for future City Commissions to turn it into another Daytona. You have heard repeated opposition to allowing commer- cial activities in Barwick Park, which is a passive park. I've talked to Mr. Hukill at the SChool Board, and he tells me that any requests for commercial activities on school grounds will be turned down. He also volunteered that no commercial activities are allowed at Old School Square because the School Board sold the elementary school to the City at $$00,000 below market with the stipulation that the school be used only for public purposes. However, he said the School Board'would not oppose this ordinance be- cause it was to their advantage. When Carver Middle School is abandoned, the school grounds will be worth more on the market because of the availability of a commercial use. hate to see this potential for commercial in the middle of a residential neighborhood, and this ordinance has no limit on the kind of commercial that could be approved. ! hope we aren't abandoning that neighborhood along with the school. Finally, this proposed ordinance is inconsistent with the land use description for recreational land in the Com- prehensive Plan. For all the above reasons, I respectfully ask you not to paSs this ordinance. This proposed amendmen~ is loosely modeled after the ~ r,1 {~nia 13, which in 1978 l{m~t~4 tax increases until pzu[~z~y is sold bu~ also zolled back property assessments to 1975 le~_ls. ~hat zo~ may sound very good to vici/ms of this ysar's ~, but ao~x~tn~ ~o an edit~ of the ~ ~ with w~ ~ spoks, it has been a ~ f~r the Sta~e of Califozn/a, where a high pz~oz~n of ~ and ci~{-- are close to ~nkrug~cy. The 3% annual limitat_~on of im~se does ~ ~o have ~it. It ,,,,~l.d ~o~le f~ ke/n~ ta~s~ ou~ of their ~m~, u ~ can ~. Older s~ youn~ people) who have relatively fixed ~ ar~ ~ liwm in h~es which of the Flor/da Lea~3~e of Cities say it %~uld ~ ~ ta~ss ~ majority Of ~he City C~iSStZ~ iS d~c~:lv/r~d- to ~ a 250 ~ very lon~ t/me -- about that At/antic A%~r~s m~s ~ iU ~, ~~ of ~ f~ ~l~y ~ ~ ~ ~~le eff~ ~ ~ bl~ off f= f~ ~ ~J~. ~ly Jo~ ~ Augus~ 27, 1991 13.A.12. Dr. Alperin stated there is a flashing yellow light on Lake Ida Road at the Fire Station that camouflages the regular traffic light. Recently an accident occurred as a result of this situation and he would like someone to take a good look at this. 13.A.13. Mr. Mouw stated that Andrews Avenue, just north of Atlantic Avenue, is in very bad shape and needs some attention. 13.B.1. Assistant City Attorney Ruby stated materials have been re- ceived regarding cable TV in the form of Bills that have been brought before the Congress. These Bills would permit local governments to regUlate basic service fees and rates, give more local control and call for a unified communication system throughout the United States by the year 2015, which also would call for increased competition for local cable companies. The City Attorney's office is requesting direction from the Commission as to whether consideration should be given to draft a resolution to support these Bills. The Commission concurred to take a look at the issue. 13.C.1. The City Manager expressed disappointment that Jimmy Brown, one of the Police Chief candidates, has withdrawn his application. 13.A.14. Mayor Lynch complimented the City staff on the bus trip that was scheduled today and recommended that it be repeated for the re- mainder of the Commission and for the citizens that were unable to attend. Mayor Lynch declared the meeting 9djourned at 10:30 P.M. ....... Ci~ Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of September 10, 1991, whic~ minutes were formally approved and adopted by the City Commission on ~w~l/~/ . ! ~ Ci~ ~lerk -- ' -27- 9/10/91 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. -28- 9/10/91