Loading...
10-08-91 OCTOBER 8, 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, October 8, 1991. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner William Andrews Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz Prior to commencement of the meeting, the oath of office was administered to incoming Police Chief Richard G. Overman by Alison MacGregor Harty, City Clerk. 2. The opening prayer was delivered by Reverend Alan Brewster, Cason United Methodist Church of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager stated there are two addenda added to the agenda, Item No. 8.0.4. to the Consent Agenda and a correction to Item No. 12.A. on the First Reading portion of the agenda. There were also two items added to the Regular Agenda as Item No. 9.M., Morikami Park Wellfield and 9.N., Park Development Agreement. The City Attorney requested that Item No. 9.N. be removed from the agenda as staff has indicated concern and a consensus has not been reached at this time. Mr. Mouw moved for approval of the agenda as presented and corrected, seconded by Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Regular Meeting minutes. NONE. 6. Proclamations. 6.A. Dr. Alperin read a proclamation proclaiming November, 1991, as Alzheimer Disease Month. Cindy Snell came forward to accept the procla- mation from Mayor Lynch. 7. Presentations. 7.A. Resolution No. 78-91. Resolution No. 78-91, recognizing the accomplishments of Richard M. Lincoln as Interim Police Chief, is before the Commission for consideration. The City Manager presented Resolution No. 78-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THE ACCOMPLISHMENTS OF RICHARD M. "RICK" LINCOLN AS INTERIM CHIEF OF POLICE. (Copy of Resolution No. 78-91 is on file in the official Resolution Book) Mayor Lynch read the Resolution in its entirety. Dr. Alperin moved for the adoption of Resolution No. 78-91, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin- Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Extension of Downtown Development Authority Expansion Election. The Commission is to consider adding to the Commission's 1992 legisla- tive package, a request from the DDA to extend the deadline for holding a referendum election, to consider expanding the DDA's boundaries, from June 1992 to June 1993. Approval is recommended. 8.B. Service Authorization No. 2/Eckler Engineering. The Commission is to consider approval of Service Authorization No. 2 in the amount of $6,985.60 for the inspection, evaluation and preparation of a report for rehabilitation options and procedures for the rehabilitation of Pump Stations 9, 19A, 20A, 23 and 32. Funding is available in (Account No. 442-5178-536-61.83). Approval is recommended. 8.C. Service Authorization No. 8/CH2M Hill. The Commission is to consider approval of Service Authorization No. 8 in an amount (per diem) not to exceed $75,309.00 for the rehabilitation of the City's 20 Series Wellfield, selected Eastern Wellfield wells and selected Golf Course wells. Funding is available in (Account No. 447-5171-536-33.11) and (Account No. 442-5178-536-61.82). Approval is recommended. 8.D. Service Authorization No. 17A/Post, Buckle¥, Schuh & Jerniqan. The Commission is to consider approval of Service Authorization No. 17A in the amount of $17,410.00 for additional professional engineering services for improvements to the existing North Water Storage Tank and Pump Station located at 200 N.W. 1st Street. Funding is available in (Account No. 442-5178-536-64.11). Approval is recommended. 8.E. Agreement with the United States Marshals Service. The Commis- sion is to consider approval of agreements with the United States Marshal Service and Florida Atlantic University for the use of the City's shooting range facilities. Approval is recommended. -2- 10/08/91 8.F. Amendment to Agreement with Florida Department of Natural Resources. The Commission is to consider approval of an amendment to the agreement with the Florida Department of Natural Resources for reimbursement of a portion of the cost of the Beach Nourishment project. Approval is recommended. 8.G. Waiver of Stage Rental Fee. The Commission is to consider waiving the stage rental fee for the West Atlantic Avenue Property Owners Association's "Old Fashion Family Picnic" to be held at Pompey Park on Saturday, November 2, 1991. Approval is recommended. 8.H. Resolution No. 75-91. Resolution No. 75-91, assessing costs for abating nuisances on 40 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 75-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. (Copy of Resolution No. 75-91 is on file in the official Resolution Book) 8.I. Resolution No. 76-91. Resolution No. 76-91, assessing costs for abatement action required to demolish an unsafe structure on a vacant lot on N.W. 5th Avenue, is before the Commission for considera- tion. Approval is recommended. The caption of Resolution No. 76-91 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. -3- 10/08/91 (Copy of Resolution No. 76-91 is on file in the official Resolution Book) 8.J. Resolution No. 77-91. Resolution No. 77-91, abandoning a portion of an alleyway in Block 28, Town of Linton, in conjunction with the expansion of Mount Olive Missionary Baptist Church located on the south side of N.W. 1st Street, between N.W. 4th Avenue and N.W. 5th Avenue, is before the Commission for consideration. Approval is recom- mended. The caption of Resolution No. 77-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY, FLORIDA, VACATING AND ABANDONING A PORTION OF AN ALLEY LYING WITHIN BLOCK 28, TOWN OF LINTON, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 77-91 is on file in the official Resolution Book) 8.K. Final Plat. The Commission is to consider approval of the final plat for Mount Olive Missionary Baptist Church located on the southwest corner of N.W. 4th Avenue and N.W. 1st Street. Approval is recommended. 8.L. Cancellation of Service Authorization No. 15/Post, Buckley, Schuh & Jernigan. The Commission is to consider cancelling Service Authorization No. 15 with Post, Buckley, Schuh & Jernigan for the design of the Veterans Park Master Sewage Pump Station. 8.M. THIS ITEM DELETED. 8.N. Service Authorization No. 2/P.E.C. The Commission is to consider approval of Service Authorization No. 2 in the amount of $190,330.00 for professional service to include preliminary and final design, bidding assistance and construction phase assistance to demolish the existing Master Sewage Lift Station at Veterans Park and construct a new submersible sewage pump station with complete odor abatement equip- ment. Funding is available in (Account No. 447-5166-536-33.11). Approval is recommended. 8.0. Award of Bids and Contracts. 1. Microfilming Services - Annual Contract - Leahy Micro- filming, Inc., in the amount of $12,580 with funding from Microfilm Expenses (Account No. 001-2721-524-33.45 and Account No. 001-2741-524-33.45). 2. Sodium Aluminate - Annual Contract - Vining Industries, Inc., in the amount of $199,767 with funding from Water and Sewer Chemicals (Account No. 441-5122-536-35.18). -4- 10/08/91 3. N.E. 8th Street/N.E. 3rd Avenue and Dixie Highway Inter- s~ction Improvements - Florida Blacktop, Inc., in the amount of $173,552.50 with funding from Traffic Operation - Account No. 334-3141-541-60.62 ($42,039.00), Decade of Excellence/Sidewalk N.E. 8th Street - Account No. 225-3162-541-61.46 ($37,668.80), Pipeline Repl/Upgrade - Account No. 447-5174-536-61.78 ($20,000.00) and Decade of Excellence/Road Reconstruction - Account No. 225-3162-541-61.17 ($73,844.70). Dr. Alperin moved for approval of the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 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 September 24, 1991 through October 7, 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. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.B. Request for Extension of Site Plan Approval. The Commission is to consider a request from the owner of the Delray Bay Apartments for an extension of a site plan approval, subject to the following conditions: 1. That the following construction schedule be maintained and that failure to meet any of the dates shall result in the voiding of this approval and termination of the project: A. That site preparation work commence in the field prior to December 1, 1991. B. That site improvement work commence, under permit, prior to January 15, 1992. C. That building construction commence, under permit, prior to April 1, 1992. D. That the 25% "establishment" requirement be met by August 1, 1992. 2. That should this approval become void, the applicant acknow- ledges that the project cannot be reinstated or reestablished due to density conflicts with the Comprehensive Plan. David Kovacs, Director of Planning, stated the corporation in control of the property has commenced site clearing and grubbing work. Under the Code of Ordinances, it is now appropriate to consider granting an extension. The four (4) dates have been set, as it is important that the project continues to go forward upon approval of the extension. -5- 10/08/91 Dr. Alperin moved to grant a six-month extension, as presented, with the two conditions recommended by the Planning Director, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.C. Appeal of Planning and Zoning Board Decision. The Commission is to consider a request for appeal of a Planning and Zoning Board decision denying a preliminary plat request to subdivide Block 1, Lots 1 and 2, Swinton Oaks (Griffin Gate), into six individual lots. Mr. Kovacs stated a concept plan was presented to the CRA that would change the plat to a ten lot subdivision. He further stated the Commission has three options; one is to deny the appeal for the six lot subdivision, secondly, the appeal to waive the processing fee can be denied and third, the revised submission can be accepted, thereby keeping the initial application active. Mayor Lynch stated it is his understanding that this was originally to be a rental complex and it was the recommendation of the P&Z Board that it be an owner-occupied project. Mr. Kovacs stated the finding of the P&Z Board was that a single family or duplex development was not an appropriate land use being located'next to a multi-family project to the south, a drug abuse foundation to the west and a commer- cial/industrial project to the east. Fred Griffin, applicant, stated that everything that has been done meets or exceeds the City requirements and he would like an oppor- tunity to comment after the CRA explains the concept plan. Mayor Lynch questioned why the Commission is reviewing this concept plan and being asked to make a determination before the P&Z Board has had an opportunity to look at it. Mr. Kovacs responded that the basis of the denial by the P&Z Board was the inappropriateness of single family or duplex development on individual lots. Should the Commission be inclined to say that such a land use is appropriate, and that the concerns of landscaping and design are appropriate, the appeal can be denied and the applicant allowed to commence; or the plan can be remanded to the P&Z Board. The City Attorney stated it is his understanding that the proposed submittal is not a change in the land use, and questioned, should the P&Z Board be approached showing mitigations in the form of landscaping, and the P&Z Board accepted the change, would the Commission be supportive of that. Upon discussion, the City Attorney advised the Commission that the Code of Ordinances does not allow the City to mandate owner-occupied duplexes as opposed to tenant-occupied properties. Chris Brown, Director of Community Redevelopment Agency, stated he and Mr. Griffin met to discuss this affordable housing and the CRA is in favor of the plan they have submitted and are willing to compromise. -6- 10/08/91 Dr. Alperin moved to deny the appeal, based on the good and substantial causes presented by the P&Z Board and waive a new $500 fee, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 1 vote. 9.D. Appeal of Historic Preservation Board Decision. The Commission is to consider an appeal of the Historic Preservation Board action with regard to the Sundy House and Sundy Apartments Composite Site Plan. Dr. Alperin moved to deny the appeal for further reduction of right-of-way and, concurrently, direct that an encroachment permit be allowed wherein a screening hedge may be located within the right-of-way (up to a maximum of a three foot encroachment) and that the hedge may be removed by the City at a future date, if it becomes necessary and appropriate to do so, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.E. Request for Variance. The Commission is to consider a request for a variance to allow a dock to remain as built, without the construc- tion of sewage pump out, at 710 S.E. 8th Court. City Engineer recom- mends approval. Mr. Mouw questioned why the City continues to retain this pumpout requirement for a single family dock if it is not enforced. He feels it should be removed from the Land Development Regulations. Mr. Kovacs responded that this goes back a long way and if it is going to continue to be waived, it should be removed. Mayor Lynch expressed concern regarding the waiver, since it appears the same owner contracted for construction of the dock in 1989 and the contractor did not bother to obtain a permit. Mr. Randolph questioned how the initial pilings were installed without obtaining a permit from the City. The City Manager stated that it was learned about, the job was stopped, the contractor was required to obtain a permit and pay a triple fee and certain portions of the work were torn out and replaced in compliance with City Code. Upon question by Mayor Lynch, Mark Gabriel, City Engineer, stated the applicant has been instructed to install the ladders of the sewage pump. He further stated approximately two years ago the Federal Government dictated that boats could no longer discharge their sewage overboard and required that pumpout facilities be installed. He assured him that, at this time, it was added to the City Code. Mr. Mouw moved to grant the variance. Motion died for lack of a second. Mayor Lynch passed the gavel to Vice-Mayor Randolph. -7- 10/08/91 Mr. Lynch moved to deny the request for a variance, seconded by Mr. Randolph. (Vice-Mayor Randolph passed the gavel' to Deputy Vice-Mayor Alperin, in order to second the motion). Upon roll call the Commission voted as follows: Mr. Lynch - Yes; Mr. Mouw - No; Deputy Vice-Mayor Alperin - No; Mr. Randolph - Yes. Said motion FAILED with a 2 to 2 vote. 9.F. Resolution No. 79-91. Resolution No. 79-91, requesting the transfer of jurisdictional powers from Palm Beach County to the City for that right-of-way of Dixie Highway which extends from N.E. 8th Street to Gulfstream Boulevard, is before the Commission for consideration. The City Manager presented Resolution No. 79-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE TRANSFER OF THE JURISDIC- TIONAL POWERS FROM PALM BEACH COUNTY TO THE CITY OF DELRAY BEACH, FOR THAT RIGHT-OF-WAY OF DIXIE HIGHWAY WHICH EXTENDS FROM N.E. 8TH STREET (AKA GEORGE BUSH BOULEVARD) TO GULFSTREAM BOULEVARD (THE NORTHERNMOST CITY LIMITS). (Copy of Resolution No. 79-91 is on file in the official Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 79-91, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.G. Lake Ida Road Widening. The Commission is to consider a proposal from Heller-Weaver and Cato for the design of the proposed widening project for Lake Ida Road from N.E. 2nd Avenue and Swinton Avenue. Upon question, the City Engineer stated the project will be going to N.E. 3rd Avenue in order to install turning lanes, etc. Dr. Alperin moved for approval of the proposal, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.H. Approval of Contract with Michael B. Schorah and Associates. The Commission is to consider approval of the contract for general and civil engineering services with Michael B. Schorah and Associates, Inc., and Service Authorization No. 1 in the amount of $17,460 with funding from 1987 Utility Tax/Cemetery Entrance Road (Account No. 333-4511-539-61.39). Dr. Alperin questioned~ with regard to the Consulting Service Authorization, if the City is contracting with full construction super- vision, or will there be new charges appearing as it progresses. The City Attorney stated the language in the contract should be amended to -8- 10/08/91 relate to language in the contract documents which explains what that Consulting Service is. The City Engineer stated the engineering firm will be sending a Resident Project Representative, not an inspector, on a part-time basis to observe the work and basically provide insurance to the City that the work is being constructed in conformance to their plans and specifi- cations. On completion of the job, they will supply the City with certain certifications that the work was constructed in conformance to those plans and specifications. Mr. Randolph moved for approval of the contract with Michael B. Schorah and Associates, Inc., and to approve Service Authorization No. 1 for the access road, S.W. 10th Street, to the cemetery, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 P.M., the Commission moved to the Public Hearings portion of the agenda. PUBLIC HEARINGS 10.A. Ordinance No. 74-91. Ordinance No. 74-91, adopting a portion of Comprehensive Plan 91-1 by amending the Future Land Use Map from General Commercial to Transitional for a parcel of land lying and being on the southeast corner of Linton Boulevard and South Federal Highway, known as Amendment #2, Old Harbor Office Center, is before the Commis- sion for consideration on Second and FINAL Reading. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Dr. Alperin stated that he and possibly others of the Commis- sion may have considered a separation of this item from the remainder of the Plan Amendment 90-91 when presented with a potential project involv- ing this property. Earlier, he was led to believe that the corporate headquarters for Office Depot was going to relocate in Delray Beach and he was in favor of separating that section for that particular building to hear their presentation, which never happened. Secondly, after telephoning, he was informed that they had never considered that. Therefore, he sees no reason to retain the zoning of that property as Commercial, but have it changed to Transitional. 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 -9- 10/08/91 TRANSITIONAL LAND USE DESIGNATION FOR A PARCEL OF LAND LYING AND BEING ON THE SOUTHEAST CORNER OF LINTON BOULEVARD AND FEDERAL HIGHWAY, REFERRED TO AS AMEND- MENT #2, OLD HARBOR OFFICE CENTER, OF THE LAND USE PLAN ELEMENT; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 74-91 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. Mark Krall, attorney for the owner, stated they do not object to the action of the Commission tonight, but would like them to keep in mind that something will be planned for the southernmost building in accordance with the City Code. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 74-91, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.Bi Ordinance No. 68-91. Ordinance No. 68-91, adopting Comprehen- sive Plan Amendment 91-1, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Board recommends approv- al. 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. 68-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING PORTIONS OF COMPREHEN- SIVE 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 CAPITAL IMPROVEMENTS IMPLEMENTATION"; INCLUDING AMENDMENTS TO PART V, "PROCEDURES FOR MONITORING AND -10- 10/08/91 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 SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-91 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 this is the second amendment to the document that was adopted in 1989 and amended in 1990. This document is the amended package that was sent to the State and was reviewed by the Planning and Zoning Board earlier this year. The Department of Com- munity Affairs submitted the Objections, Recommendations and Comments (O.R.C.) report that included ten (10) objections. Staff addressed those objections at the P&Z meeting of September 16th and forwarded the "Response to the O.R.C. Report" complete with a recommendation that changes and modifications be incorporated with Plan Amendment 91-1. The State must notify the City within 45 days with regard to their decision. If the City is not notified within that time frame, it is automatically considered in compliance. He explained Exhibits "B" and "C" to the Commission in addition to the ten (10) objections. Lynn Stokes, 1220 Southways, stated it is interesting to see that the City is looking for a home for Lake Ida Road beautification in the five-year capital improvement funding schedule, especially since it was one of the projects that was to be paid for out of the $1.27 million 1987 Utility Tax Bond funds that are being reallocated. Kathy Stokes, resident, stated she would like to speak about the 1987 Utility Tax Bond and the park improvements cluster. She expressed concern regarding the combining of three parks, none of which are specifically named. It is her understanding that the Bond Issue included $500,000 for Veterans Park improvements. She feels the current plans for Veterans Park are inconsistent with the intent of the Comp Plan. Arthur Jackel, resident, stated he is in agreement with Mr. Stokes and also fears that Lake Ida Road may never be widened. He feels staff should be directed to locate the funds in order that the beauti- fication can proceed whether or not the road is widened. The public hearing was closed. -11- 10/08/91 Dr. Alperin moved for the adoption of Ordinance 68-91 on Second and FINAL Reading, to leave the Silver Terrace Redevelopment Plan for 1992/1993 and specify that the money reserved for park improvements is specifically for Veterans Park, Miller Park and Currie Commmons and not for parks in general, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.C. Resolution No. 70-91. Resolution No. 70-91, levying 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 passage of this resolution, a public hearing has been sched- uled to be held at this time. The City Manager presented Resolution No. 70-91: 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. (Copy of Resolution No. 70-91 is on file in the official Resolution Book) The City Attorney read the resolution 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 public hearing was closed. Dr. Alperin moved for the adoption of Resolution 70-91, second- ed by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 10.D. 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 considera- tion of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 71-91: 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 RESPECT TO THE ITEMS OF APPROPRIATIONS AND -12- 10/08/91 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. (Copy of Resolution No. 71-91 is on file in the official Resolution Book) 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. Lynn Stokes again addressed the reuse of the 1987 Utility Tax Revenue Bond Issue. He stated it is his understanding, upon a prelim- inary investigation, that the City is nearing a point where it will be difficult to borrow money and his concern, regarding the allocation of the $1.27 million to capital projects, arises out of that fact. He feels that, if an increase in taxable value is not seen in the City soon, decisions will need to be made regarding which projects can be funded and which ones cannot. The City Manager stated he feels there seems to be some mis- understanding, but in Resolution No. 70-91 adopting the millage, it states in Section 3 that if the final tax roll differs from the tax roll on which the budget is based by more than three (.3) percent, the City Commission has the authority to change the millage to compensate for that difference in the tax roll. Kathy Stokes recommended that $330,000 of the $1.27 million be used to make one principal payment, due next year, and eliminate the concern about being short this year. The City Manager advised that the 1987 Utility Tax Bond Issue is not callable until 1995 and, should it be prepaid, it would be necessary to pay additional premiums in 1995 in order to call it at that time. David Klarer, 2425 N.W. 15th Street, questioned if Fire Station No. 5 is in danger of being removed or moved back. Mayor Lynch respond- ed that, to his knowledge it is still on target for January, but if the appeals from the tax collector's office are successful, it is possible that there may be a shortfall in the budget and it would certainly need to be taken under consideration. The public hearing was closed. Mr. Mouw left the Commissioner Chambers at this time. Mr. Randolph moved for the adoption of Resolution No. 71-91, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. -13- 10/08/91 Mr. Mouw returned to the Commission Chambers at this time. 10.D.1. Staff Report Re: Budget Compliance with Comprehensive Plan/Capital Improvement Element. Dr. Alperin moved to accept and file the Director's Report. and accept the determination made by the Planning and Zoning Board of compliance and consistency of the proposed Budget for FY 91/92 with the Comprehensive Plan, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.D.2. Resolution No. 80-91. Resolution No. 80-91, levying a tax on all properties within the Downtown Development Authority taxing district of the City of Delray Beach is before the Commission for consideration. City Manager recommends approval. 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. 80-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND iNTEREST ON BONDED INDEBTED- NESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 80-91 is on file in the official Resolution Book) Assistant City Attorney Ruby 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. Mr. Mouw moved for the adoption of Resolution No. 80-91, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. At this time, Mayor Lynch reopened the Public Hearing on Item No. 10.B. (Ordinance No. 68-91). James Womack, resident of Silver Terrace, requested the Commis- sion to consider rezoning the property to light industrial. Mayor Lynch explained that rezoning was not the issue tonight, but the postponement of road improvements until 1992/1993. Mayor Lynch suggested that the concerns of the people be listened to and then request the P&Z Board to determine whether or not -14- 10/08/91 those concerns are appropriate enough to consider rezoning, give a recommendation for the City to look at in the future or whether the CRA should consider extending the boundaries. He further recommended that Mr. Womack contact Chris Brown, Director of the CRA, and request him to schedule a meeting. George Giffin, 106 Wilson Avenue, spoke regarding a petition that was circulated prior to annexation into the City, indicating that the majority of the residents of Silver Terrace were in favor of an Industrial zoning category. The public hearing was closed. 10.E. 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 ~he C-15 Canal, known as the 1-95 Conservation Parcel from RR (Rural Residential) zoning district to OS (Open Space) zoning district, is before the Commission for consideration 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 scheduled to be held at this time. 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. (Copy of Ordinance No. 69-91 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. 69-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 10.F. 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) zoning district to RO (Residential Office) zoning -15- 10/08/91 district, is before the Commission for consideration on Second and FINAL Reading. The Planning and Zoning Board 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. 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. (Copy of Ordinance No. 70-91 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. Mr. Mouw moved for the adoption of Ordinance No. 70-91 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. Said motion passed with a 4 to 0 vote. 10.G. 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) zoning dis- trict, to PC (Planned Commercial) zoning district, in part, and OS (Open Space) zoning district, in part, is before the Commission for considera- tion 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 scheduled to be held at this time. 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 -16- 10/08/91 190, 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. (Copy of Ordinance No. 71-91 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 o.f 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. 71-91 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. Randolph - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on NOn-Agenda Items From the Public - Immediately Following Public Hearings. ll.A. The City Manager, in response to Alice Finst regarding residen- cy cards, stated that in order to establish residency to obtain a beach parking sticker, a voter's registration card showing a City precinct, an automobile registration, or a current residency card may be used. ll.B.1. Irving Blumenthal, 2821 S.W. 15th Street, stated he and his wife have been members of the Municipal Golf Course for the past 13 years. While being delighted that the golf course has undergone exten- sive improvements over the past three (3) months, he is aware that at least a year will be needed for the course to mature. He objected to the cost of a membership, which is among the highest in the State of Florida, the annual renewal of a residency card and questioned the additional fee to enter the tournament scheduled for October 18th when the annual membership does not expire until November 1st. ll.B.2. Arthur Jackel, Chairman of United Property Owners, thanked the City Commission and the City Manager for their diligence on the City Budget and maintaining a millage rate that is no higher than last year. ll.B.3. Mr. Jackel commended the City Manager for his selection of the new Police Chief. ll.B.4. Jay Slavin, Rainberry Bay, requested that the City Commission rethink their decision of adding fluoride to the City water for reasons she named in detail. ll.B.5. Valeria Taylor, 117 S.W. 2nd Avenue, expressed concern regard- ing stray dogs running in packs throughout the City. She has called various City Departments on numerous occasions, with little results. Mayor Lynch suggested she leave her telephone number and someone will contact her. -17- 10/08/91 ll.B.6. Alice Finst, 707 Place Tavant, thanked the City Manager for the information with regard to obtaining a beach parking sticker. ll.B.7. Mrs. Finst expressed her concurrence with Mrs. Slavin's feeling about the addition of fluoride to City water. ll.B.8. Mrs. Finst requested that the Public Comment portion of the agenda be moved ahead of the ordinance readings. ll.B.9. Mrs. Finst reiterated her request for a future workshop regard- ing establishing guidelines for the naming of public buildings. She also requested that the remaining signs be removed from the Old School Square building. ll.B.10. Karen Kiselewski, 3675 Lakeview Boulevard, questioned when the Lakeview Golf Course issue might be resolved. Mayor Lynch responded that it was his understanding the owners and the residents were to meet and work out their misunderstandings and return to the Commission, hopefully within the next 60 days. FIRST READINGS 12.A. Ordinance No. 54-91. Ordinance No. 54-91, amending the Code of Ordinances to permit multi-tenant establishments as a conditional use in the GC (General Commercial), PC (Planned Commercial) and CBD (Central Business District) Zoning Districts, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held October 29th. 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 DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A DEFINITION FOR THE TERM "MAR- KET'' AND BY PROVIDING RULES AND REGULATIONS GOVERNING MARKETS WITHIN THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR MARKETS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL, PLANNED COMMERCIAL, AND CENTRAL BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE; PROVID- ING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney stated, upon consulting with the Planning Director, it was determined that this ordinance be remanded to P&Z, as they have yet to see this and the various modifications. Mr. Randolph moved to remand Ordinance No. 54-91 to the Plan- ning and Zoning Board for their review and to return it to the -18- 10/08/91 Commission for First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. Before roll call Mayor Lynch expressed his feeling, for the record, that he would like the ordinance to be as tough as possible. 12.B. Ordinance No. 72-91.' Ordinance No. 72-91, amending the Five Year Schedule of Capital Improvements, Table IV-3 of the Comprehensive Plan, is before the Commission for consideration on First Reading. Planning and Zoning Director recommends approval. If passed, Public hearing will be held October 29th. The City Manager presented Ordinance No. 72-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 72-91 on First Reading, subject to changing the park improvement lines as previ- ously suggested by Kathy Stokes, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. At this time, the Commission returned to the Regular Agenda portion of the agenda. 9.I. Agreement for Architectural Services/Service Authorization No. 1. The Commission is to consider approval of an agreement for architec- tural services with David Miller and Associates and approval of Service Authorization No. 1 in the amount of $3,500.00 for consulting services to design a press box at Pompey Park. Mr. Mouw moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.J. Request to use Pompey Park/Amateur Boxing Program. The Commis- sion is to consider a request to use Pompey Park, on a limited basis, for the amateur boxing program. Dr. Alperin moved for approval of the request to use Pompey Park for the amateur boxing program, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - -19- 10/08/91 Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.K. Appointment of a Member to the Education Board. The Commission is to consider appointing a member to fill the unexpired term of Beth Mulholland. This is a Seat 2 appointment. Dr. Alperin moved for the appointment of Linda Cochran, second- ed by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.L. Cancel a Portion of a Bid and Reaward to the Responsive Low Bidder/Chemicals and Fertilizers. The Commission is to consider the cancellation of Items 2, 3, 6 & 7 on the annual bid for chemicals and fertilizers as awarded to Colonial Products and award the bid for Items 2, 3, 6 & 7 to Howard Fertilizer in the amount of $24,396.70. Mr. Mouw moved for cancellation of the previous award and the reaward to the responsible bidders, seconded by Mr. Randolph. The City Manager advised the motion should be more specific by stating that the award of Colonial Products be cancelled and the bid awarded to Howard Fertilizer. Mr. Mouw amended his motion to reflect the change stated by the City Manager, Mr. Randolph amended his second. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.M. Morikami Park Wellfield. The Commission is to consider author- izing Jim Vance to negotiate an agreement with the County for rights to develop a wellfield at Morikami Park. Dr. Alperin moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.N. REMOVED. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Randolph stated there are tires being dumped throughout the City and he feels the Police Department should take some sort of action. He would like the ordinance brought before a workshop as soon as possi- ble in order that it might be reviewed. 13.A.2. Mayor Lynch stated he has been asked by the Town of Highland Beach, some of the County Commissioners and Steve Abrams, who is the City's representative to the Municipal League, if the Commission could reach a consensus and fax to him by tomorrow morning their position regarding five constitutional officers that are in the County that do -20- 10/08/91 no~ fall under County Commission, as follows: the Supervisor of Elections, the Clerk of the Court, the Property Appraiser's Office, the Sheriff's Office and the Tax Collector's Office. They would like to direct Steve Abrams to try and have the State Legislature change that to bring them under the rule of the County Commission. He proceeded to read a letter he had drafted for submission to the Municipal League, which included a revision of the Homestead issue. The Commission concurred regarding the five (5) constitutional offices, but requested that the Homestead issue be deleted at this time. 13.A.3. Mayor Lynch commented that there has been considerable conver- sation regarding the fluoride issue and, since William Greenwood, Director of Environmental Services, recently attended a meeting in West Palm Beach, he would like to hear his report before giving any further direction to staff regarding this issue. 13.A.4. Mayor Lynch continued by reiterating his concern regarding the traffic signals throughout the City. 13.A.5. Mayor Lynch stated there is a letter that was received from the U.S. Conference of Mayor's, requesting each City to submit ideas that would be beneficial to their City or the single, most valuable thing that Congress could do. If anyone has any thoughts in this area, please see that the City Manager receives those and a letter can be forwarded to them. 13.A.6. Mayor Lynch thanked Assistant City Manager Barcinski and other Department Heads who worked well with the students from Atlantic High School as they enjoyed their Student Government Day with the City. 13.A.7. Mayor Lynch stated he understand that the Cities of Boca, Boynton and Delray are ready to schedule a joint meeting to share ideas and he requested that staff try to arrange a meeting sometime between now and December. 13.A.8. Mr. Mouw stated, in reference to Item 8.0.4 on the Consent Agenda, concerning the activated carbon control unit for Veterans Park Pumping Station, that he hopes the new design will control this odor in the future. 13.A.9. Mr. Mouw stated he heard a comment, or rumor, to the effect that one of the major problems at Veterans Park is that sewage is received at that location directly from the pumping station in the Highland Beach sewer treatment plant. It was further stated (and he has no way of knowing how accurate this is) that, by contract, the sewage is to be pretreated prior to being received in this City and that is not happening. He questioned if this is just rumOr, or is this true. The City Manager stated the sewage from Highland Beach is not discharged directly into the system but it is believed that there are sOme problems in that area; however, they have assured the City that it is pretreated and we are working with them to attempt to solve the problem. At Mr. Mouw's request, the City Manager agreed to check into the contract issue. -21- 10/08/91 13.A.10. Dr. Alperin stated he feels he would be remiss, being a den- tist, if he did not offer a statement regarding fluoridation. People don't seem to realize that dentists are the persons who benefit the least from the use of fluoride in the water and yet they are the propo- nents of its use. He feels, for those people who can least afford to care for themselves, this is an excellent way to healthy living. 13.A.11. Dr. Alperin expressed his pleasure that progress has been made and plans are underway to start a course for the chairpersons of the City Boards to instruct them in the proper method of conducting a board meeting. He attended an Education Board meeting yesterday and was extremely impressed with the chairperson and the number of accomplish- ments that were made in just one and one-half hours. 13.B. There were no comments and inquiries from the City Attorney. 13.C.1. The City Manager stated, on more than one occasion, the Commis- sion discussed the confusion surrounding the fire signal on Lake Ida Road and Barwick Road. A study has been completed and the City is requesting that the County remove the emergency fire signal on Lake Ida Road as soon as possible but retain the current intersection signal. It was requested that a yellow flashing light be installed to be used by the fire station as an advanced warning sign, to flash only when the switch is activated by the Fire Department. 13.C.2. The City Manager stated that, with regard to the "No Parking" signs on North Dixie Highway, the work order has been issued to have those installed and 52 signs will be required to complete the area. A study has also been completed at the intersection of N.W. 8th Avenue and 2nd Street. When the report is received tomorrow, sketch plans and estimates will be developed and those will be brought before the Commis- sion with the proposed~cost. 13.C.3. The City Manager stated that in order to get everything accom- plished by the 1st of January regarding Fire Station No. 5, it is necessary that the site be a part of the City. The Blood's have ex- pressed some concern about annexing the temporary site. There is an alternate site that is currently in the City that is under considera- tion. Mayor Lynch declared the meeting adjourned at 9:30 P.M. ~ Cit~ ~erk ' ATTEST: -22- 10/08/91 MAYOR 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 October 8', 1991, which minutes were formally approved and adopted by the City Commission on ~~7~ ~, /~/ - 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. -23- 10/08/91