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09-24-91 SEPTEMBER 24, 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 6:05 P.M., Tuesday, September 24, 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 Pastor Richard Evans of Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Attorney requested Item No. 9.N. (Settlement Of- fer/Tripp) be added to the Regular Agenda and Item No. 8.C. be deleted from the Consent Agenda to allow further review by the City Attorney's Office. The City Manager advised that Item No. 8.V.5. should read "$17,960" instead of "$40,000" and requested that Item No. 12.E. be removed until Planning and Zoning completes their review of this item. Mr. Andrews requested Item No. 8.R be moved from the Consent Agenda to the Regular Agenda as Item No. 9.A.A. Mr. Randolph moved approval of the agenda as amended, 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. 5. Mayor Lynch stated, on Page 16, 4th paragraph, he was quoted as saying "it should be made a tough ordinance". He would like to clarify that he said "as tough as possible". Dr. Alperin moved approval of the Regular Meeting minutes of September 10, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved approval of the Special Meeting minutes of September 17, 1991, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. A. Dr. Alperin read and presented a proclamation proclaiming October, 1991 as "Breast Cancer Awareness Month". Ms. Anita Stillman, representing the American Cancer Society, came forward to accept the proclamation. 7. Presentations. A. Plaque to Dan Burns in appreciation of his civic contribu- tions. Mayor Lynch read and presented a plaque to Mr. Dan Burns thanking him for taking over the Fourth of July Celebration. Mr. Burns accepted the plaque and thanked the Mayor and Commis- sioners. Mr. Arthur Jackel, 784 N.W. 25th Avenue, stated that on numer- ous occasions Mr. Dan Burns has done many good things for the City of Delray Beach. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Contract Extension - Departmental Medical Director. The Commission is to consider approval of the extension of contract, until December 31, 1991, for Dr. Joseph Yates as Departmental Medical Director for the Fire Department. This is a limited extension until we have the results of a request for proposals. Approval is recommended. 8.B. Contract Approval/Acceptance of Grant Funding - Afterschool Program. The Commission is to consider approving the contract with the Children's Services Council for administration of the Afterschool Programs at Carver Middle School, Pompey Park and the Community Center and accept grant funding in the approximate amount of $171,000. Approv- al is recommended. 8.C. Contract Renewal - Afterschool Program Coordinator. This item was deleted from the agenda. 8.D. Legislative Lobbyist Contract. The Commission is to consider a one year contract, from October 1, 1991 through September 30, 1992, in the amount of $48,000 plus $6,000 for reimbursable out-of-pocket expens- es, for legislative lobbying services from Kathleen Daley and Associ- ates. Approval is recommended. -2- 9/24/91 8.E. Extension of Banking Services Agreement. The Commission is to consider approving the one year extension of the Banking Service Agree- ment with Barnett Bank for basic and lockbox services. Approval is recommended. 8.F. Agreement With Palm Beach County School Board for Emergency Medical Technology Education. The Commission is to consider approving the agreement between the City and Palm Beach County School Board for Emergency Medical Technology Education services. Approval is recommend- ed. 8.G. Contract Extension/Beautification Maintenance. The Commission is to consider approval of a one year extension of the contract with Tony Scott Complete Lawn Maintenance for maintenance service for the 1-95 Interchanges at Linton Boulevard and Atlantic Avenue, and medians along Linton Boulevard from 1-95 to A-1-A in the amount of $38,175 with funding from Beautification Trust (Account No. 119-4144-572-33.49). Approval is recommended. 8.H. Amendment to The Contract With Dubin and Associates. The Commission is to consider approval of an amendment to the contract with Dubin and Associates which provides for the management of the golf course restaurant. There are no fees associated with this amendment. Approval is recommended. 8.I. Service Authorization No. 8/O'Brien, Suiter and O'Brien. The Commission is to consider approval of Service Authorization No. 8 to the contract with O'Brien, Suiter and O'Brien for surveying services to provide vertical and horizontal alignments on N.E. 8th Street, N.E. 3rd Avenue and Dixie Boulevard in the amount of $1,800 with funding from General Construction Fund - Traffic Intersections (Account No. 334-3141-541-60-62). Approval is recommended. 8.J. Modification of Contract With Peroxidation Systems, Inc. The Commission is to consider approval of the modification to the contract between the City and Peroxidation Systems, Inc. and extend the contract for a one year period at a cost not to exceed $160,000. Approval is recommended. 8.K. Proposed Contract Modification/Water Treatment Plant Lime Softening Conversion Project. The Commission is to consider approving a proposed contract modification for the Water Treatment Plant Lime Softening Conversion project which would provide for liquidated damages of $500 for delay of the project beyond the contracted date; and, a reward clause which would provide for payment to the contractor of $500 per day for early completion with a cap of $30,000. Approval is recom- mended. 8.L. Authorization to File Amicus Curiae Brief. The Commission is to consider authorizing the City Attorney's office to enter an Amicus Curiae Brief in the Dimmit Chevrolet v. Southeast Fidelity Insurance Corp. litigation. Approval is recommended. -3- 9/24/91 8.M. Rejection of Offer of Judgment. The Commission is to consider the rejection of an offer of judgment in the City of Delray Beach v. United States Fidelity and Guaranty Company. Approval is recommended. 8.N. Authorization to Execute Agreement. The Commission is to consider authorizing the execution of an agreement with the City of Boynton Beach for the joint landscaping of Gulfstream Boulevard. Approval is recommended. 8.0. Authorization to Execute Agreement. The Commission is to consider authorizing the execution of an amendment to the UDAG grant agreement for Auburn Trace. Approval is recommended. 8.P. Water Service Agreement. The Commission is to consider approv- al of a modified water service agreement for a property located at 14838 Whatley Road (Country Club Acres subdivision). Approval is recommended. 8.Q. Outside Legal Fees. The Commission is to consider approval of a budget transfer in the amount of $7,000 to cover the cost of addition- al outside legal consulting fees. Approval is recommended. 8.R. Request to Erect a Temporary Tent. Please see Item No. 9.A.A. on the Regular Agenda. 8.S. Resolution No. 69-91. Resolution No. 69-91, vacating and abandoning the north two feet of a six foot utility easement located on the south side of Lot 9, Block 1, Lake Ida Shores 1st Addition, is before the Commission for consideration. The caption of Resolution No. 69-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH TWO (2) FEET OF A SIX (6) FOOT UTILITY EASEMENT LOCATED ON THE SOUTH SIDE OF LOT 9, BLOCK 1, LAKE IDA SHORES 1ST ADDI- TION, AS RECORDED IN PLAT BOOK 25, PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 69-91 is on file in the official Resolution Book) 8.T. Resolution No. 73-91. Resolution No. 73-91, recognizing Florida City Government Week - October 7 through 11, 1991, is before the Commission for consideration. The caption of Resolution No. 73-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 7-11, 1991, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES. -4- 9/24/91 (Copy of Resolution No. 73-91 is on file in the official Resolution Book) 8.U. Resolution No. 74-91. Resolution No. 74-91, assessing costs for abatement action required to board up an unsafe struc- ture at 710 Bond Way, is before the Commission for consideration. The caption of Resolution No. 73-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 74-91 is on file in the official Resolution Book) 8.V. Award of Bids and Contracts. 1. Chemicals and Fertilizers - Annual Contract - Various Bidders in the estimated amount of $101,600 with funding from various department's Gardening Supplies (33.54). 2. Software/hardware - Environmental Services - Nynex Computer, Inc. in the amount of $11,868 with funding from Water and Sewer Computer Software/hardware (Account No. 442-5178-536-64.09). Account balance $29,218.73. 3. Hydrofluosilicic Acid - Environmental Services - Jones Chemical Inc. in an estimated annual amount of $14,000 with funding from Water and Sewer Fund/Water Treatment and Storage Chemical (Account No. 441-5122-536-35.18). 4. Riding Mower - Golf Course - Hector Turf in the amount of $12,615.78 with funding from Golf Course Equipment Other (Account 445-4761-572-60.89). Account balance FY 91/92 $15,000. 5. Software - Environmental Services - Hansen SOftware Inc. in the amount of $17,960 with funding from Water and Sewer Computer Software/Hardware (Account No. 442-5178-536-64.09). Account balance $27,350. 6. Coffin Lifting Device - Cemetery - Clark Development Corp in the amount of $11,299 with funding from Cemetery Fund Capital Outlay Equipment Other (Account No. -5- 9/24/91 428-4511-539-60.89). Account balance $11,300. 7. Computer Equipment - Planning and Zoning Department - Caber- Systems, Inc. in the amount of $18,296 with funding from Planning and Zoning Capital Outlay Office Equipment (Account No. 001-2511-515-60.86). 8. Pipe Fittings and Accessories - Annual contract - Multiple vendors in an estimated annual amount of $84,000 with funding from Water and Sewer (Account No. 441-5141-536-35.15/$40,000), (Account No. 441-5141-536-33.38/$24,000, and (Account No. 441-5123-536-35.15/$20,000). 8.W. Request to Hold Pumpkin and Christmas Tree Sales. The Commis- sion is to consider approving a request from the Sunrise Kiwanis to hold a pumpkin sale from October 17, 1991 through October 31, 1991 and a Christmas tree sale from November 23, 1991 through December 24, 1991 on the southwest corner of S.E. 10th Street and S.E. 5th Avenue. Mr. Andrews moved approval of the Consent Agenda as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.A. (Item 8.R.) ~equest to Erect a Temporary Tent. The Commission is to consider approval of a request from Tropic Plant Sales to erect a temporary tent on an out parcel at the Delray Town Center Mall from September 27, 1991 to October 13, 1991 for the purpose of selling plants and flowers. Mr. Andrews questioned whether it was fair to the local busi- nesses that have plant departments and pay taxes to have this kind of competition. Ms. Phyllis Lyons, representing Tropical Plant Sales, stated by having this tent sale it would help bring more traffic into the shopping center and would benefit the businesses. Dr. Alperin moved approval to erect the temporary tent, second- ed 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.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 September 10 through September 23, 1991. -6- 9/24/91 Mr. Randolph moved to receive and file the report, seconded by Dr. Alperin. David Kovacs, Planning and Zoning Director, stated this issue would include the Historic Preservation Board action from their meeting of September 23, 1991. Discussion followed with regard to this issue. Mr. Randolph amended his motion to receive and file the report, excluding the Sundy House, Dr. Alperin amended his second. 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. Andrews moved to raise an appeal to the Sundy House compos- ite site plan and to bring it back at the Regular Meeting of October 29, 1991. Motion died for lack of a second. Mr. Mouw moved to raise an appeal to the Sundy House composite site plan until the next Regular Meeting, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 9.B. Request for Temporary Certificate of Occupancy. The Commission is to consider a request for early occupancy of the service kitchen and the use of the "Cafe/Restaurant/Garden Party" portion of the Sundy House development located on the southwest corner of Swinton Avenue and S.W. 1st Street. No staff recommendation. Mr. Kovacs presented the background on this item. Mr. Louis G. Jensen, owner of the Sundy House, stated the Sundy House has its own parking facilities; the church parking lot will be used for the overflow. For special events, the church parking lot will be used and there are two letters from the church which outline this agreement for parking. Dr. Alperin moved approval of the temporary Certificate of Occupancy which will expire on June 1, 1992 and also requires the satisfaction of the City Attorney with regard to the shared parking. Dr. Alperin amended his motion to approve the temporary Certif- icate of Occupancy which will expire on June 1, 1992 and, if St. Paul's Church should withdraw permission for the use of the lot, the temporary CO will be withdrawn simultaneously, seconded by Mr. Randolph. 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. -7- 9/24/91 Mr. Andrews stated there are too many loose ends With this project. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Resolution No. 70-91. Resolution No. 70-91, to levy a tax on all properties within the City of Delray Beach, is before the Commission for consideration. City Manager recommends approval. Prior to consid- eration of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 70-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO 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 the entire resolution. 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 stated that the advertisement for this resolu- tion and the following resolution had an error which will result in readvertising. The hearing will be recessed and continued until October 8, 1991, the next Regular Meeting. Dr. Alperin moved to recess and continue the Public Hearing of Resolution No. 70-91 until October 8, 1991, at 7:00 P.M., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.B. Resolution No. 71-91. Resolution No. 71-91, making appropria- tions of sums of money for all necessary expenditures of the City from October 1, 1991 to September 30, 1992, is before the Commission for consideration. City Manager recommends approval. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 71-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS 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 -8- 9/24/91 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 resolution. 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 to recess and continue the Public Hearing of Resolution No. 71-91 until October 8, 1991, at 7:00 P.M., 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. 10.B.1. Staff Report Re Budget Compliance With Comprehensive Plan/- Capital Improvement Element. The Commission is to consider Planning and Zoning Board's recommendation of approval (6-1 vote) subject to com- pliance with Director's Report. This item will be continued to October 8, 1991. 10.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 Military Trail and the E 3 1/2 - 3 Lake Worth Drainage District Canal (Hamlet Subdivision) 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 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. 58-91: AN ORDINANCE 0F 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. -9- 9/24/91 (Copy of Ordinance No. 58-91 is on file in the official Ordin- ance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 58-91 on Second and FINAL Reading, 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. 10.D. 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 (Automotive Commercial) and correcting the Official Zoning Map, is before the Commission for consideration on Second and FINAL reading. Planning and Zoning Director recommends denial. 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. 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 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. (Copy of Ordinance No. 61-91 is on file in the official Ordin- ance 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. 61-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 10.E. 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) -10- 9/24/91 to R-iA (Single Family Residential) zone district and correcting the Official Zoning Map, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Director 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. 62-91: AN ORDINANCE OF THE CITY OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF S.W. 6TH STREET, IF EXTENDED WESTWARD, BETWEEN INTERSTATE 95 AND S.W 15TH TERRACE, AS MORE PARTICULARLY 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. (Copy of Ordinance No. 62-91 is on file in the official Ordin- ance 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. 62-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.F. 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) zone district, is before the Commission on Second and FINAL Reading. Planning and Zoning 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. 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. -11- 9/24/91 (Copy of Ordinance No. 63-91 is on file in the official Ordin- ance 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. 63-91 on Second and FINAL Reading, seconded by Mr. Randolph.. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No. Said motion passed with a 4 to 1 vote. 10.G. 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 with the LDRs, 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. 64-91: 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. (Copy of Ordinance No. 64-91 is on file in the official Ordin- ance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 64-91 on Second and FINAL Reading, seconded by Dr. Alperin. 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. 10.H. 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 per unit, is before the Commission for -12- 9/24/91 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. 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. (Copy of Ordinance No. 65-91 is on file in the official Ordin- ance 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. Mayor Lynch stated the permit fee increase should be more equitable. Lula Butler, Director of Community Improvement, stated an analysis of the whole process needs to be done with a look at the fee structure for the future. Dr. Alperin moved for the adoption of Ordinance No. 65-91 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. 10.I. 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 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. 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 -13- 9/24/91 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. (Copy of Ordinance No. 66-91 is on file in the official Ordin- ance 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 stated if there is a renegotiation clause, the con- tract should be reviewed. Joseph Safford, Finance Director, stated the carrier will be coming back to the City again with potential rate increases because of the fact that yard waste is going to be picked up separately from garbage. Every time there is a rate increase, the City has the opportu- nity to negotiate anything in the contract. Dr. Alperin moved for the adoption of Ordinance No. 66-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch ' Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager stated the Cornell Museum sign has been removed and is going through the application process. ll.A.2. The City Manager stated, with regard to the 8th Street Circle construction area, the bids will be open on September 30, 1991 with the probability of an award on October 8, 1991. ll.A.3. The City Manager stated the City will continue to service the enclaves even after the new station is built in the southwest area. He advised that to be on the same frequency as neighboring cities is very costly, but it is being looked into. ll.B.1. Helen Coopersmith, 1222 South Drive Way, stated the County allows taverns to stay open until 5:00 A.M. and questioned what the restrictions were for the City. The City Attorney stated it is generally 2:00 A.M., except for Cymbals. -14- 9/24/91 ll.B.2. Pastor Orr, St. Paul AME Church, stated his specific concern was the selection procedure with which the new Police Chief was select- ed. ll.B.3. Leroy Andrews, 618 S.W. 6th Avenue, stated the hiring of the new Police Chief was an injustice to the City and hopes the decision would be reconsidered. He also stated there is racism at Cymbals. ll.B.4. David Klarer, 2425 N.W. 15th Street, stated the taxpayers of Delray Beach should be honored for the sign at OSS as they are the people who pay for it. ll.B.5. Elder Edward Hayes, 615 N.W. 1st Street, stated the selection of the new Police Chief was unfair; also, the candidates who were not selected should have been notified that the position was filled. The City Manager stated that everyone who applied has been sent a letter. ll.B.6. Alice Finst, 707 Place Tavant, stated a residency card should not be required in order to obtain a beach parking permit. She also questioned the status of the tennis court with regard to the Lavers situation. The City Attorney advised that the Lavers property will be included in a national auction in mid December and at this point there is no other information. FIRST READINGS 12.A. Ordinance No. 68-91. Ordinance No. 68-91, adopting Comprehen- sive Plan Amendment 91-1, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 8, 1991. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 68-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 91-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT, "FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; INCLUDING AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES OF THE INDEX, CONSERVATION ELEMENT, PUBLIC FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND RECREATION ELEMENT, HOUSING ELEMENT, COASTAL MANAGEMENT ELEMENT, LAND USE ELEMENT, CAPITAL IMPROVEMENTS ELEMENT, AND INTERGOVERNMENTAL COORDINATION ELEMENT, BASED UPON AN ASSESSMENT OF TASKS ACCOMPLISHED, AVAILABILITY OF RESOURCES AND NEW INFORMATION; INCLUDING CHANGES TO THE FUTURE LAND USE MAP FOR EIGHT (8) PARCELS OF LAND; INCLUDING AMENDMENTS TO PART IV, "REQUIREMENTS FOR -15- 9/24/91 CAPITAL IMPROVEMENTS IMPLEMENTATION"; INCLUDING AMENDMENTS TO PART V, "PROCEDURES FOR MONITORING AND EVALUATION OF THE PLAN"; AND INCLUDING TEXTUAL AMEND- MENTS TO SUMMARY OF MAJOR FEATURES OF THE COMPREHEN- SIVE PLAN, CONSERVATION ELEMENT, PUBLIC FACILITIES ELEMENT, TRAFFIC ELEMENT, OPEN SPACE AND RECREATION ELEMENT, LAND USE ELEMENT, AND CAPITAL IMPROVEMENTS ELEMENT; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' ENTITLED "COMPREHENSIVE PLAN AMENDMENT 91-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney was informed by the Planning Director that it is nine (9) parcels, not ten (10) parcels. Mr. Kovacs explained the reason there are comments with regard to the scrivener's error on the D.B.O. Acres parcel zoning petition, was that he thought it could be submitted to D.C.A.; however, this could not be done as it had to be in the first batch that went to the D.C.A. The official changes made are those which relate to showing consistency with the Comprehensive Plan and those responding to the O.R.C. report. Mark Krall, attorney representing Linton Center Partners, Ltd., stated this original project is Old Harbor Centre on the Southeast corner of Linton and Federal, on which the new owners of the property are objecting to changing the designation from Commercial to Transition- al. This property was originally zoned Limited Commercial which doesn't exist anymore. At a certain point in time, this property was rezoned POC which does not allow any form of retail or commercial activity. The current Land Use Map shows a designation of Commercial, but the Planning and Zoning Board was unanimous in approving a zoning called Transitional which would be consistent with the current zoning of POC. The request before the Commission tonight is to allow the applicant time to prepare and present a plan which will be acceptable to all parties concerned before the final decision for this property is made. Mr. Kovacs explained this project began as an SAD and, during changes in zoning on the north side, it was changed to LC Zoning. There are a number of concerned people in the neighborhood with regard to this property. If no more time is given, then two (2) things will happen. One of the questions will be how LC came about in the first place as there was no notice given; secondly, if the plan was left in Commercial there may be a presentation of a rezoning application to General Commer- cial. While this may be beneficial to the applicant, it has it's downsides. Mr. Kovacs recommended leaving this item as proposed. Jean Beer, 945 Tropic Boulevard, stated she concurs with everything Mr. Kovacs has said. -16- 9/24/91 Dr. Alperin stated he doesn't want to eliminate this possibil- ity without seeing what the potential is, but he does not want to see more commercial businesses generated outside of the downtown area. Mr. Mouw stated the applicant should have time for a viable plan in order to make this project work. Mayor Lynch stated there has to be flexibility given the economy and the times. The City Manager advised that if this item is going to be changed it should be done at this time. Mr. Mouw moved to table this item until later in the meeting, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 12.B. Ordinance No. 69-91. Ordinance No. 69-91, rezoning property located on the east side of 1-95 between Audubon Boulevard, if extended west and the C-15 Canal, known as the 1-95 Conservation Parcel from RR (Rural Residential) zone district to OS (Open Space) zone district, is before the Commission for consideration on First Reading. If approved, Public Hearing will be held October 8, 1991. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 69-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RR (RURAL RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND LYING ALONG THE EAST SIDE OF INTERSTATE 95 BETWEEN AUDUBON BOULEVARD AND THE C-15 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 69-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.C. Ordinance No. 70-91. Ordinance No. 70-91, rezoning property located on the east side of N.E. 8th Avenue, approximately 150 feet north of N.E. 8th Street, known as the Gwynn property, from RM (Medium Density Residential) zone district to RO (Residential Office) zone district, is before the Commission for consideration on First Reading. -17- 9/24/91 If passed, Public Hearing will be held October 8, 1991. Planning and Zoning Board recommend denial. The City Manager presented Ordinance No. 70-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN RO (RESIDENTIAL OFFICE) DISTRICT; SAID LAND BEING THE SOUTH 1/2 OF LOT 4 AND ALL OF LOT 3, BLOCK 4, SOPHIA FREY SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 37, 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. Mr. Mouw moved for the adoption of Ordinance No. 70-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 12.D. Ordinance No. 71-91. Ordinance No. 71-91, rezoning property lOcated on the north side of Linton Boulevard, approximately 630 feet east of Military Trail, between Shadywood Subdivision and Delray Town Center Phase I from PC-S (Planned Commercial Specialized) zone district to PC (Planned Commercial) zone district in part and OS (Open Space) zone district in part, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 8, 1991. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 71-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC-S (PLANNED COMMERCIAL SPECIALIZED) DISTRICT IN PC (PLANNED COMMERCIAL ) DISTRICT, IN PART, AND OS (OPEN SPACE) DISTRICT, IN PART; SAID LAND BEING ALL OF PARCEL 2, ACCORDING TO THE PLAT OF DELRAY TOWN CENTER, AS RECORDED IN PLAT BOOK 65, PAGES 189 AND 190, 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. -18- 9/24/91 Richard Eckerle, 382 S.W. 27th Avenue, questioned what the City is trying to accomplish. Mr. Kovacs stated this is a traditional outplanning and it has PC-S Zoning which is consistent with the Transitional Land Use designa- tion. Dr. Alperin moved for the adoption of Ordinance No. 71-91 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.E. Ordinance No. 72-91. This item has been removed from the agenda. 12.F. Ordinance No. 73-91. Ordinance No. 73-91, rezoning property located on the southeast corner of Linton Boulevard and S.W. 4th Avenue (D.B.O. Acres Plat) from PC (Planned Commercial) zone district to GC (General Commercial) zone district, in part, and AC (Automotive Commer- cial) zone district, in part, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 8, 1991. Planning and Zoning Board recommends denial (5-2 vote). The City Manager presented Ordinance No. 73-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART; AND AC (AUTO RELATED COMMERCIAL) DISTRICT, IN PART; SAID LAND BEING LOTS 1, 2, 3 AND TRACT "B", DB0 ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGE 13 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. Kiernan Kilday, architect representing Dan Burns Oldsmobile, stated the property currently has a PC zoned designation. Kentucky Fried Chicken and the Exxon Station are non-conforming uses. They were originally GC, but one year ago the entire property was made PC. In reply to Mayor Lynch, Mr. Kovacs stated prior to October 1, 1990 the entire area was all General Commercial. When this designation was affixed to the parcel it was noted that the proposed Exxon (Lot 1) and Kentucky Fried Chicken (Lot 2) would be non-conforming with respect to the required minimum building size. The PC designation was given to the entire parcel to ensure the balance of the site would be a unified -19- 9/24/91 development with large buildings, common access and internal circulation patterns. The proposed zoning change to GC would remove restrictions on minimum lot sizes and minimum building sizes thereby allowing develop- ment of several small individual lots with smaller buildings. This development potential would lead to the creation of strip commercial uses. Mr. Mouw stated he was concerned with traffic flow and the report from the City Traffic Engineer. Mr. Randolph stated the best usage would be to go to AC zoning to accommodate the tire store and the portion in between to be PC to prevent strip commercial usage. Mr. Andrews stated the site plan on the automotive is back- wards. Dr. Alperin stated this is an issue of what the community and the City wants to see planned for the zoning. Mr. Kilday stated there is no issue on this request with regard to the Comprehensive Plan. This came in as GC, was built in conformity with the City's request and everything requested by the City has been done, even to the point of compromising the original request and leaving some of the property as PC zoning. The only issue between the GC and PC zoning is the size of the buildings. Mayor Lynch stated the best use for the land along the railroad track is GC or AC as long as the congestion can be worked out. The City Attorney stated if the Commission is agreeable to the accepted change to the ordinance then the PC zoning district would go to GC, PC and AC. This can be done on October 8, 1991 and the caption can be reread tonight. The item can then be deferred for Second Reading on October 29, 1991 so that Planning and Zoning can have a chance to review this issue. It will not have to be read on the October 8th agenda. The City Attorney reread Ordinance No. 73-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN GC (GENERAL COMMERCIAL) DISTRICT, IN PART PC (PLANNED COMMERCIAL) DISTRICT, IN PART, AND AC (AUTO RELATED COMMERCIAL) DISTRICT), IN PART; SAID LAND BEING LOTS 1, 2, 3 AND TRACT "B", DBO ACRES, ACCORDING TO THE PLAT THEREOF ~RECORDED IN PLAT BOOK 63, PAGE 13 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. -20- 9/24/91 Mr. Randolph moved for the adoption of Ordinance No. 73-91 as reread by the City Attorney, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. At this point the Commission returned to Item No. 12.A. Mr. Kovacs stated if the maps remain as they are, and Mr. Krall's request is honored, there would be an inconsistency. The POC District is not listed under the Commercial Use Designations and there would be an obligation to go to PC or GC on this property. In reply to Mayor Lynch, Mr. Kovacs stated the applicant can proceed faster if less than three (3) acres of land area, which is subject to the zoning that he can petition himself, can be identified. The applicant can pay the $2,000 application fee, the comprehensive plan hearings can be combined with zoning hearings and a decision can be made on how to proceed with that one item. It can then be sent to D.C.A. It was the consensus of the Commission to table this item until it can be reviewed further between Mr. Kovacs and the City Attorney. 9.C. Waiver of Landscape Requirements/Delra¥ Lincoln Mercury. The Commission is to consider approving a request for waiver of the perime- ter landscape requirements relating to abutting properties, internal landscape islands, and number of perimeter and internal trees for Delray Lincoln Mercury. City Manager recommends approval. Mr. Mouw moved approval of the request for waiver of landscape requirements, seconded by Dr. Alperin. 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. 9.D. Landscape A~reement/Delray Lincoln Mercury. The Commission is to consider approving a landscape agreement with Delray Lincoln Mercury which provides for the installation of the required landscape strip along Federal Highway, upon the widening of Federal Highway. City Manager recommends approval. Mr. Mouw moved approval of the landscape agreement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No. Said motion passed with a 4 to 1 vote. 9.E. Authorization to Acquire Property/Fire Station No. 5. The Commission is to consider authorizing staff to negotiate for property necessary to construct Fire Station No. 5. City manager recommends approval. The City Manager stated if this is approved it will come back upon finalization of the resolution to acquire. -21- 9/24/91 Mr. Mouw moved for approval of authorization to acquire the property for Fire Station No. 5, 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.F. Authorization to Enter Into a Lease Agreement/Fire Station No. 5. The Commission is to consider authorizing staff to execute a lease agreement for property necessary to establish a temporary fire facility on Linton Boulevard and Military Trail. City Manager recommends approv- al. Mr. Mouw stated there will be a two (2) year time frame for construction on this. Mr. Randolph moved approval to enter into a lease agreement for Fire Station No. 5, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.G. Addendum to Amendment No. 3/Mausoleum Sales and Development Agreement. The Commission is to consider approving an addendum to Amendment No. 3 to the Mausoleum Sales and Development Agreement with Prearrangements of Delray, Inc., increasing the loan amount from the City by $4,800 to $52,800 for the construction of the mausoleum. City Manager recommends approval. The City Manager stated the major changes with Prearrangements of Delray will be contracting with the contractor to build the mausole- um. The contractor had not anticipated the need to provide a perfor- mance bond because this will be built on City property and ultimately becomes the City's mausoleum. The City will require performance bonds of $3,000 out of the $4,800 for the provision for the performance bond. Mr. Mouw moved approval of the addition of the contract for $1,800 to cover the first three (3) items as listed on the proposal, that the contract be awarded without the performance bond and that City staff take whatever necessary precautions to protect the City, 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.H. Beach Cleaning Contract. The Commission is to consider a three year, renewable, contract with Universal Beach Service, Corp. for beach cleaning services in the amount of $62,000. Funding is available in Contractual Beach Cleaning (Account No. 001-4123-572-33.89). The City Manager stated there is no CPI adjustment for the first three (3) years. If the Commission chooses at the end of three years to extend the contract for an additional three years, it can be extended under these terms or renegotiated with a 7% annual cap. -22- 9/24/91 Mayor Lynch stated he would rather have an annual cap for the CPI as opposed to a three year period. Mr. Andrews moved for approval of the beach cleaning contract, as amended by the Mayor, 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.I. ~hange Order No. 1/A.O.B. Underground, Inc. The Commission is to consider approving Change Order No. 1 to the contract with A.O.B. Underground, Inc. in the amount c. ii!~ $18,450 to install six additional fire hydrants (one on Germantown Road, four along A-l-A, and one a Tropic Boulevard) with funding from Water and Sewer Capital Outlay Equipment Other (Account No. 441-5161-536-60.59). City Manager recom- mends approval. Mr. Andrews moved for approval of Change Order No. 1, 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.J. Authorization to Use Pompey Park Facility. The Commission is to consider a request to use the facilities at Pompey Park for Community Boxing activities sponsored by the Noontime Kiwanis and the U.S. Amateur Boxing Federation. Leroy Andrews, resident, stated he was concerned whether or not there would be enough room for both basketball and boxing. Mary Randolph, 105 N.W. llth Avenue, stated the facility where the boxing is to be held is too small. It was the consensus of the Commission (4-1) to agree to the concept of the boxing program; however, there is a need to find a suitable location to have this boxing program. 9.K. Resolution No. 72-91. Resolution No. 72-91, requesting the Congress enact legislation which would return regulation of cable television to local government and repealing the cross-ownership bans prohibiting local telephone companies from competing in cable, is before the Commission for consideration. The caption of Resolution No. 72-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA SUPPORTING INCREASED COMPETITION WITHIN THE CABLE TELEVISION INDUSTRY BY SUPPORTING MUNICIPAL RATE REGULATION; COMPETITION BY LOCAL TELEPHONE COMPA- NIES; AND BY SUPPORTING AN ADVANCED COMMUNICATION SYSTEM THROUGHOUT THE UNTIED STATES BY THE YEAR 2015. (Copy of Resolution No. 72-91 is on file in the official Resolution Book) -23- 9/24/91 Mr. Mouw moved for denial of Resolution No. 72-91, 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.L. Status Report/Ordinance No. 54-91. The City Attorney's Office and Planning Staff will provide the status of the revisions to Ordinance No. 54-91. The City Attorney stated the Planning Department is still working out a formula with respect to the average size of the individual stores. This item will be brought back on October 8, 1991 and Planning and Zoning will consider it at their October meeting. 9.M. Appointment of a Member to The Education Board. The Commission is to consider the appointment of a member to fill the unexpired term of Beth Mulholland. Seat 2 appointment. Mr. Randolph stated he was shocked and appalled at the letter received from Ms. Mulholland with regard to Carver Middle and S.D. Spady Schools. He would like to go on record stating that he opposes the letter, and is angry that it was written as both schools .are fine institutions. He stated he takes exception to the stigmatizing of the entire black community as a high crime area. Dr. Alperin stated despite what was contained in her letter, Ms. Mulholland has worked very hard on the Education Board since it was formed. Dr. Alperin stated he would like to defer his appointment for two (2) weeks in order to research further. Mr. Mouw moved to postpone the appointment to the Education Board for two weeks, 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.N. Acceptance of Settlement Offer - Tripp vs. City of Delra~ Beach. The City Attorney advised this incident involves an automobile accident with Mr. Tripp and a police vehicle driven by former Police Officer Charles on July 16, 1989. The accident occurred at the inter- section of Atlantic Avenue and S.W. 10th Street, Delray Beach. Mr. Tripp suffered injuries to his back, neck and wrists. The City Attorney's Office and the Risk Management Department are recommend- ing acceptance of a settlement offer in the amount of $28,000 that would proceed a pretrial conference. Mr. Mouw moved approval of the settlement offer as recommended by the City Attorney, 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. -24- 9/24/91 At this time the Commission again returned to Item No 12.A. The City Attorney reread the caption of Ordinance No. 68-91 which omits the parcel on the corner of Linton Boulevard and Federal Highway (Old Harbor Office Center) as was discussed earlier in this meeting. Mr. Mouw moved for the adoption of Ordinance No. 68-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. The City Manager presented Ordinance No. 74-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A PORTION OF THE COMPREHENSIVE PLAN AMENDMENT 91-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATIONS ACT: FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLU- SIVE, BEING A CHANGE TO THE FUTURE LAND USE MAP FROM GENERAL COMMERCIAL LAND USE DESIGNATION TO TRANSITION- AL LAND USE DESIGNATION FOR A PARCEL OF LAND BEING AND LYING ON THE SOUTHEAST CORNER OF LINTON BOULEVARD AND FEDERAL HIGHWAY, BEING APPROXIMATELY 9.93 ACRES, REFERRED TO AS AMENDMENT #2, OLD HARBOR OFFICE CENTER, OF THE LAND USE PLAN ELEMENT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated this ordinance is just for the parcel under discussion. Dr. Alperin moved for the adoption of Ordinance No. 74-91 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.1. Mr. Andrews complimented the quality and graphics of the Parks and Recreation brochure. 13.A.2. Mr. Andrews stated there needs to be a workshop, in conjunction with the Code Enforcement Board, on fines and codes. He would like a time certain on this; no later than the middle of November. The City Manager stated there are only two (2) more workshops scheduled before Christmas. -25- 9/24/91 Mr. Andrews stated he wants this on the laundry list. 13.A.3. Mr. Andrews stated, with regard to the Lavers Auction, the potential for bidding should be looked at. 13.A.4. Mr. Andrews stated he is distressed over the delay of Fire Station No. 1. and would like an update stating whether or not this is on schedule. 13.A.5. Mr. Randolph questioned the status of N.W. 8th Street and N.W. 2nd Street regarding traffic. The City Manager stated he would find out what point this is at. 13.A.6. Mr. Randolph again asked for a consensus on the Ethics Resolu- tion. Mayor Lynch requested the City Attorney prepare and distribute a report regarding the pros and cons of this issue. 13.A.7. Mayor Lynch stated it is time for an evaluation for the City Attorney and the City Manager. This will be put on the agenda for October 29, 1991, therefore giving each Commissioner time to spend individually with both the City Attorney and the City Manager. 13.A.8. Mayor Lynch requested the City Manager have information for Friday's meeting with Carole Phillips and the County regarding signs on Dixie Highway. 13.A.9. Mr. Mouw stated he received a copy of a letter from Digby Bridges with regard to having inflexible zoning regulations in a very flexible and mobile society. He requested the City Manager comment on the letter, suggestions and remedies. 13.A.10. Dr. Alperin stated he would like to reinforce support for the City Manager's selection for the Chief of Police and feels he did an excellent job. 13.B. There were no comments or inquires from the City Attorney. 13.C. There were no comments or inquiries from the City Manager. Mayor Lynch declared the meeting adjourned at 10:30 P.M. ATTE S T: -26- 9/24/91 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 24, 1991, which minutes were formally approved and adopted by the City Commission on J cit~ C~e~k' - ' NOTE TO READER: If the minutes that you have received are ~not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -27- 9/24/91