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10-29-91 OCTOBER 29, 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 29, 1991. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch AbSent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend Ralph Nygard of Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin requested Item No. 9.R. (Resolution No. 86-91) be moved to the beginning of the Regular Agenda as Item 9.A.1. and Item 8.0.6. (Microfilming Equipment) be removed from the Consent Agenda and be added to the Regular Agenda as Item No. 9.A.2. Mayor Lynch requested Item No. 8.A. be added to the Regular Agenda as Item 9.A.3. Mr. Mouw requested Item No. 8.C. be removed from the Consent Agenda and be placed at the end of the Regular Agenda after 9.BB. Mr. Randolph moved approval of the Consent Agenda, as amended, with the addendum, 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. 5. Dr. Alperin moved approval of the Regular Meeting minutes of September 24, 1991, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved approval of the Regular Meeting minutes of October 8, 1991, seconded by Mr. Randolph. 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. Mayor Lynch presented a proclamation proclaiming November 24, 1991 through December 1, 1991 as "National Bible Week" 7. Presentations. None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Service Authorization No. 2/Heller - Weaver and Cato, Inc. Please see Regular Agenda Item No. 9.A.3. 8.B. Authorization to File An Appeal of Cost Judgment. The Commis- sion is to consider authorizing the City Attorney's Office to file an appeal of cost judgment in favor of Purvin Industries in the Aero-Dri litigation case. City Attorney's Office recommends approval. 8.C. Approval of Lease Agreement/Fire Station No. 5. This Item has been moved to the end of the Regular Agenda after Item 9.BB. 8.D. Resolution No. 85-91. Resolution No. 85-91, authorizing the purchase and lease of property located on the south side of Germantown Road at the intersection of Linton Boulevard for the construction of Fire Station No. 5, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 85-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE AND LEASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED ADJACENT TO THE MUNICIPAL BOUNDARIES OF THE CITY OF DELRAY BEACH ON GERMANTOWN ROAD IMMEDIATELY WEST OF THE FOXE CHASE SUBDIVISION, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF CONTRACTS FOR THE SALE AND PURCHASE AND LEASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 85-91 is on file in the official Resolution Book) 8.E. Waiver of Sidewalk Installation Requirement. The Commission is to consider approving a request for waiver of sidewalk installation along Luke Lane in the Wallace Square subdivision located south of Thomas Street between Seabreeze and Andrews Avenues. Approval is recommended. -2- 10/29/91 8.F. Acceptance of An Easement Deed. The Commission is to consider acceptance of an easement deed from St. Mary the Virgin American Episco- pal Church to provide for the extension of a utility line through the church parking lot. Approval is recommended. 8.G. Agreement for . Engineering Services. The Commission is to consider approval of an agreement for general civil engineering services with Lawson, Noble and Associates. Approval is recommended. 8.H. Addendum No. 2 to The Golf Management. Course Agreement. The Commission is to consider approval of an amendment to the Golf Course lease agreement which provides for the transfer of the liquor license from Dubin and Associates, Inc. to the City upon t~rmination of the Golf Course Management Agreement. Approval is recommended. 8.I. Authorization to Place Signs in The City's Right-of-Way. The Commission is to consider approving the request from the West Atlantic Avenue Property Owner's Association to place signs in the median in the City's rights-of-way in conjunction with the Old Fashion Family Picnic. Approval is recommended. 8.J. Authorization to.Place Signs in The City's Right-of-Way. The Commission is to consider approving the request from the Sunshine Tennis Cup Association to place signs in the median in the City's rights-of-way in conjunction with the Sunshine Tennis Cup Tournament. Approval is recommended. 8.K. Ratification of South Central Regional Wastewater Treatment and Disposal Board Actions. The Commission is to consider: (1) Change Order No. 3 to the contract with SCE, Inc. for the odor abatement project in the amount of $25,051 (City's share of funding $12,525.50). (2) Use of the Sinking Fund to repair and replace equipment at a cost of $42,800 (3) Use of excess operating revenues from FY 1990/91 to fund the cost of the emergency access road. ~ Approval is recommended. 8.L. Resolution No. 81-91. Resolution No. 81-91, assessing the cost of abating nuisances on 38 properties located within the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 81-91 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 COST FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT -3- 10/29/91 ACTUAL COST 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. 81-91 is on file in the official Resolution Book) 8.M. Resolution No. 82-91. Resolution No. 82-91, vacating and abandoning a portion of an alleyway associated with the Amoco Station on West Atlantic Avenue and N.W. 8th Avenue, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 82-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 4, TOWN OF DELRAY, AS RECORD- ED IN PLAT BOOK 1, PAGE 3 OF THE THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 82-91 is on file in the official Resolution Book) 8.N. Resolution No. 83-91. Resolution No. 83-91, authorizing staff to submit a grant application for funding in the amount of $10,000 in support of our Litter Prevention program and allocate the City's match from the Sanitation Account, is before the Commission for consideration. Approval is recommended. 8.0. Award Of Bids and Contracts. Approval is recommended. 1. S. Federal Highway Beautification/Median Curbing Improve- ments - Florida Blacktop, Inc., in the amount of $69,124 with funding from 1987 Utility Tax Beautification S. Federal High- way/C15 to Linton (Account No. 333-4141-572-61.26). 2. Hamlet Drive Manhole Replacement - Environmental Services - D.S. Eakins in the amount of $18,750 with funding from Water and Sewer Repair and Replacement/Manhole Rehabilitation (Ac- count No. 442-5178-536-61.84). 3. Annual Lot Clearing and Mowing - Code Enforcement - various vendors in the estimated annual amount of $45,000 with funding recovered from property owners through Accounts Receiv- able, on a case by case basis. 4. Rental Rehabilitation Program - 148-150 S.W. 14th Avenue - Intercontinental Construction Corp. in the amount of $14,468 with funding from Community Development Housing Rehab (Account No. 118-1975-554-60.23). -4- 10/29/91 5. Two (2) Toro Riding Mowers - Parks and Recreation - Hector Turf (GSA Contract) in the amount of $25,231.56 with funding from Parks Maintenance and Cemetery (Account Nos. 001-4131-572-60.69 and 001-4511-572-60.69). 6. Microfilming Equipment (Lease/Purchase) Please see Item No. 9.A.2. Dr. Alperin moved approval of the Consent Agenda as amended, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A.3. (Item 8.A.) Service Authorization No. 2/Heller - Waver and Cato, Inc. The Commission is to consider approving Service Authori- zation No. 2 in the amount of $24,500 for consulting engineering servic- es to prepare right-of-way information map of South 10th Street from S.W. llth Avenue to Federal Highway, U.S. 1 northbound (S.E. 6th Avenue, and 1000 feet south along Wallace Drive, with funding from Decade of Excellence Bond Issue - Street Reconstruction (Account No. 225-3162-541-61.17). In reply to Mayor Lynch, the City Manager stated a cost deter- mination has to be made with regard to this project. Mr. Mouw moved approval of Service Authorization No. 2, second- ed 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.A.2. (8.0.6) Microfilming Equipment (Lease/Purchase) - City Clerk's Office - Eastman Kodak in the estimated annual amount of 10,179. Total purchase cost $50,896.80. Funding is available in City Clerk's Capital Outlay/Office (Account No. 001-1411-512-60.86). Dr. Alperin and Mayor Lynch stated it may be more beneficial to wait until a more updated disk system came into effect. Mr. Randolph stated the City Clerk's Office is badly in need of modern automation which can reduce the amount of paper and expedite answers to questions or problems that they may come across. Mr. Mouw moved for the approval of microfilming eqUipment for the City Clerk's Office, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 3 to 2 vote. 9.A.1. (9.R.) Resolution No. 86-91. Resolution No. 86-91, requesting the transfer of jurisdictional powers from Palm Beach County to the City -5- 10/29/91 for Swinton Avenue extended from South 10th Street to the north City limit; Seacrest Boulevard extended from N.E. 4th Street to Gulfstream Boulevard; and N.E. 22nd Street between Swinton Avenue and Seacrest Boulevard, is before the Commission for consideration. Approval is recommended. The City Manager presented Resolution No. 86-91: A RESOLUTION FOR THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REQUESTING THE TRANSFER OF THE JURISDICTIONAL POWERS FROM PALM BEACH COUNTY TO THE CITY OF DELRAY BEACH, FOR THE FOLLOWING RIGHT-OF-WAYS: SWINTON AVENUE WHICH EXTENDS FROM SOUTH 10TH STREET TO THE NORTH CITY LIMITS; SEACREST BOULEVARD (N.E. 2ND AVE) WHICH EXTENDS FROM N.E. 4TH STREET TO GULFSTREAM BOULEVARD (NORTH CITY LIMITS); AND N.E. 22ND STREET, BETWEEN SWINTON AVENUE AND SEACREST BOULEVARD. Dr. Alperin moved for the adoption of Resolution No. 86-91, with the modification that the jurisdiction request is from Swinton Avenue, SW 10th Street to N 22nd Street, seconded by Mr. Mouw. Mr. Randolph requested the northernmost outer limits, including intersections, be incorporated into the motion. Dr. Alperin amended his motion to move for the adoption of Resolution No. 86-91 with the modification that the jurisdiction request is from Swinton Avenue, SW 10th Street to N 22nd Street, including intersections, Mr. Mouw amended his second. Upon roll call the Commis- sion 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.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 October 8, 1991 through October 28, 1991. Dr. Alperin moved to receive and file the report, 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.B. Revised Site Plan/Miller Park. The Commission is to consider the revised site plan for Miller Park. Joe Weldon, Director of Parks and Recreation, gave a brief background with regard to Miller Park. Mark Marsh, architect, Digby Bridges and Marsh, reviewed the revised site plan with the Commission with emphasis on the following concerns: -6- 10/29/91 1. Noise - The basic layout has not changed since the last presentation, but there is a new proposal for a six foot high berm to act as a noise barrier. 2. Traffic - There is a possibility of extending through S.W. 4th Avenue. If the determination is for the road, the City Manager stated the money may be available from the 1987 utility funds. Tim Mihoff, Musco Lighting Systems, presented a short video with regard to lighting for the park. Mr. Mouw moved to postpone this item until November 5, 1991, 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 4 to 1 vote. 9.C. Request for Temporary Certificate of Occupancy. The Commission is to consider a request for a temporary Certificate of Occupancy to use the outside dining deck at Brandy's Waterfront Cafe. Mr. Andrews moved approval to grant the temporary Certificate of Occupancy, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Mouw suggested amending the motion to allow thirty (30) days maximum to obtain the permanent Certificate of Occupancy, otherwise the restaurant should be closed down. Mr. Andrews did not accept the amendment as stated. The City Attorney advised that the temporary Certificate of Occupancy can be revoked at any time. The intent of the motion can be accomplished by having staff review the situation in thirty days, and if the parking lot is not completed at that time, it can be brought back before the Commission. At this point the roll was called to the motion. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10.A. 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 -7- 10/29/91 Commercial) zone district in part, is before the Commission for consid- eration 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. 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 (AUTOMOTIVE 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. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney suggested, as there has been a request for continuance of this item, the Public Hearing should be left open and continued to the Regular Meeting of November 26, 1991. Dr. Alperin moved to continue Ordinance No. 73-91 on Second and FINAL Reading until the Regular Meeting of November 26, 1991, at 7:00 P.M., 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. 10oB. 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 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. 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 -8- 10/29/91 THAN $100,000; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 72-91 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 72-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 10.C. .Comprehensive Housing Affordability Strategy. The Commission is to conduct a public hearing on the City's Comprehensive Housing Affordability Strategy and authorizing staff to forward the report to the Department of Housing and Urban Development. City Manager re- commends approval. Prior to consideration, a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for approval of the Comprehensive Housing Affordability Strategy, seconded by Mr. Mouw. 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. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC ll.A.1. The City Manager stated, regarding the golf course and the questions raised by Mr. Blumenthal: 1. There has to be a system to distinguish between citizens and non-citizens of the City. In order to take advantage of the bene- fits offered by the City, residency cards are required, and there are certain requirements needed in order to qualify for those cards. 2. To offset the fee that was charged when the golf course was closed for renovations, there will be a couple of free play days within the year, the first day being held November 12, 1991. 3. The $60.00 fee charged by the Chamber of Commerce was for a moneyraiser and was determined by the Chamber of Commerce, not the City. ll.A. 2. The City Manager stated the main plaques on the Old School Square Building were approved, as required, by the Historic Preservation -9- 10/29/91 Board and the proper City permits were in order before the signs were installed. The sign that was put up without approval has been removed. ll.A.3. The City Manager stated everything possible was suggested to control the dog packs running loose, but because of the concern over cats being hurt by the traps, there was no action taken with regard to this issue. ll.A.4. The City Manager stated the First Reading for the rezoning of the Lakeview Golf Course will be before the City Commission on either November 26, 1991 or December 5, 1991. ll.B.1. Arthur Jackel, 784 NW 25th Avenue, stated he was very concerned and upset with an article he had read in the newspaper with regard to poor housing conditions in the City. ll.B.2. Harold Putnam, representative for membership of Town and Country Condo Association, gave a handout to the Mayor and Commissioners regarding Miller Park. ll.B.3. Jean Beer, 945 Tropic Boulevard, requested the City Commission reject the issues put on the March ballot by the Countywide Planning Council. It will be another huge layer of bureaucracy. The City Attorney advised there will be a resolution brought before the Commission in December concerning how the City wants to vote on the issue. ll.B.4. Alice Finst, 707 Place Tavant, questioned the status of the truck parking ordinance and the ground cover ordinance. She stated the beautification on Congress Avenue, especially the Gelco Property is in very bad condition. FIRST READINGS 12.A. Ordinance No. 75-91. Ordinance No. 75-91, amending the Land Development Regulations to allow for the issuance of temporary use permits for City operated facilities, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 19, 1991. City Manager recommends approval. The City Manager presented Ordinance No. 75-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINIS- TRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCE- DURES'', SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.6(H), "TEMPORARY USE PERMIT", TO PROVIDE FOR THE ISSUANCE OF TEMPORARY USE PERMITS FOR CITY OPERATED FACILITIES; PROVIDING A SAVING CLAUSE; -10- 10/29/91 PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 75-91 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.B. Ordinance No. 76-91. Ordinance No. 76-91, annexing property located .on the south side of Germantown Road at the intersection of Linton Boulevard with initial City zoning of Community Facilities (CF), in part, for the permanent site and Agricultural (A), in part, for the temporary site and access road, in order to. facilitate the construction of proposed Fire Station No. 5, is before the Commission for considera- tion on First Reading. If passed, Public hearing will be held November 26, 1991. The City Manager presented Ordinance No. 76-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LINTON BOULEVARD AND GERMANTOWN ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT, IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART; PRO- VIDING 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. 76-91 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. 77-91. Ordinance No. 77-91, amending the Code of Ordinances by adopting a proposed revision to the City Charter to provide for an' increase in the terms of office from two to three years, subject to approval by voter referendum, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 19, 1991. The City Manager presented Ordinance No. 77-91: -11- 10/29/91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERN- MENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR;, TO PROVIDE FOR A CHANGE IN THE LENGTH OF COMMISSION- ERS' TERMS FROM 2 TO 3 YEARS; PROVIDING FOR A REFEREN- DUM ELECTION TO BE HELD ON MARCH 10, 1992; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. It was the consensus of the Commission to go for two years and then one year off. Mr. Mouw moved for the adoption of Ordinance No. 77-91 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 12.D. Ordinance No. 78-91. Ordinance No. 78-91, amending the Code of brdinances by adopting a proposed revision to the City Charter to provide for an increase in the terms of service from two to three years with an election every year, subject to approval by voter referendum, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 19, 1991. The City Manager presented Ordinance No. 78-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERN- MENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", BY AMENDING SUBSECTION 3.01(a) TO PROVIDE FOR A CHANGE IN THE LENGTH OF COMMISSIONERS' TERMS FROM 2 TO 3 YEARS; TO PROVIDE FOR AN ELECTION EVERY YEAR COMMENC- ING IN 1992; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10, 1992; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney did not read the caption of the ordinance. -12- 10/29/91 Mr. Andrews moved to withdraw Ordinance No. 78-91 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. 79-91. Ordinance No. 79-91, amending the Code of Or-~ances by adopting a proposed revision to the City Charter to provide for the elimination of a second nonpartisan election, subject to approval by voter referendum, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 19, 1991. The City Manager presented Ordinance No. 79-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 5.02, "TYPES OF ELEC- TIONS'', AND SECTION 5.04, "ELECTIONS GENERALLY", TO PROVIDE FOR THE ABOLISHMENT OF SECOND NONPARTISAN ("RUN-OFF") ELECTIONS EXCEPT IN THE EVENT OF A TIE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10, 1992; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AND EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 79-91 on First Reading, secOnded by Mr. Randolph. 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 5 to 0 vote. 12.F. Ordinance No. 80-91. Ordinance No. 80-91, amending the Code 0f Ordinances by adopting a proposed revision to the City Charter to provide for a limitation on the terms of office to six consecutive years, subject to approval by voter referendum, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 19, 1991. The City Manager presented Ordinance No. 80-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION SECTION 3.01 (c), TO PROVIDE FOR A LIMITATION OF SIX (6) CON- SECUTIVE YEARS OF ELECTED SERVICE FOR COMMISSIONERS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON -13- 10/29/91 MARCH 10, 1992; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 80-91 on first Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion Passed with a 3 to 2 vote. 12.G. Ordinance No. 82-91. Ordinance No. 82-91, amending the land Development Regulations to provide for a line of demarcation, west of which the use of Municipal water for irrigation purposes is prohibited; and to establish a provision for exceptions due to special circumstanc- es, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 19, 1991. The City Manager presented Ordinance No. 82-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 6, "INFRA- STRUCTURE IN PUBLIC PROPERTY", ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS", SECTION 6.1.10, "WATER SYSTEM", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 6.1.10(B) (5), "PROHI- BITION ON USE OF CITY WATER FOR IRRIGATION", TO PROVIDE FOR A LINE OF DEMARCATION, WEST OF WHICH, THE USE OF MUNICIPAL WATER IS NOT ALLOWED FOR IRRIGATION PURPOSES; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING AN SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 82-91 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. At this time the Commission returned to the Regular Agenda. 9.D. Request To Hold Peach Umbrella Festival/Waiver of Stage Rental Fee/Insurance Requirements. The Commission is to consider a request from the Peach Umbrella Association to hold their annual Fall Festival on November 9, 1991 from 8:00 A.M. to 5:00 P.M.; a request for waiver of the rental fee for the small stage; and a request to waive the insurance requirement for this event. Mr. Mouw moved approval of the festival and the stage waiver fee, subject to the Association obtaining insurance, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - -14- 10/29/91 Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.E. Request to Hold Carnival/American Le~ion Post #188. The Commission is to consider a a request from American Legion Post #188 to use City property located on S.W. 8th Avenue and 10th Street, south of the Municipal Cemetery to hold a carnival from December 2 through December 8, 1991. City manager recommends approval, subject to condi- tions. Mr. Andrews moved approval of the carnival sponsored by Ameri- can Legion Post #188, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.F. Encroachment Into The City's Right-of-Way. The Commission is to consider a request to allow awnings to encroach over the City's right-of-way for New York Dance Experience, Delray Gallery, The Trouser Shop, Delray News Stand, Meier Le'Man, Kazuko Dress Designing, Turner Shop, and Old House. Site Plan Review and Appearance Board recommends approval. Mr. Andrews moved approval of the encroachment into the City's right-of-way, 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. It was the consensus of the Commission to have the Site Board review the canopy lighting, develop a policy decision, and bring it back before the Commission for approval. 9.G. Waiver of Landscapin~ Requirements. The Commission is to consider a request to reduce the required perimeter landscape strip to four feet for Foreign Car Engineering (formerly Barron's K-9 Kennel) located at 75 North Congress Avenue. Site Plan Review and Appearance Board recommends approval. Mr. Andrews moved approval of the waiver of landscaping re- quirements, seconded by Mr. Mouw. 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 Mayor stated that no precedent is set. 9.H. Request For Reduction of Site Plan Processinq Fee. The Commis- sion is to consider a request for reduction of the $500 processing fee for a minor site plan modification to $50 (non-impacting site plan modification fee) for 401 N.E. 2nd Avenue. City Manager recommends approval. -15- 10/29/91 Mr. Mouw moved approval for reduction of the Site Plan Process- ing fee, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.I. Request For Waiver of Sign Permit Application Fee. The Commis- sion is to consider a request from the Sunrise Kiwanis for waiver of the sign permit application fee in the amount of $204. Mr. Andrews requested that the City Manager look into the fee structure for charitable and seasonal signs. Mr. Andrews moved approval for the request for waiver of the sign permit application fee, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Mr. Dr. Alperin - Yes; Mr. AndrewS - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.J. Request For Aesthetic Improvements/McDonald's Restaurant. The Commission is to consider a request to establish a playground facility at the McDonald's Restaurant located east of the 1-95 Interchange on Linton Boulevard in Delray Crossings. Site Plan Review and Appearance Board recommends approval. Dr. Alperin stated this is more of a sign issue and an attrac- tion to the site which is more than necessary. Mr. Andrews stated the playground should be more conforming to the aesthetics of the community. Dr. Alperin moved to deny the improvement for McDonald's Restaurant, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - No. Said motion failed with a 3 to 2 vote. Mr. Mouw moved approval of the aesthetic improvement for McDonald's Restaurant, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. 9.K. Request to Hold Special Events/Chamber of Commerce. The Commission is to consider approval of a request from the Chamber of Commerce to hold their annual Harvest Fest on November 16 and 17, 1991 and the Holiday Pageant on December 14, 1991; and, consider special action requests. Dr. Alperin moved approval of the request from the Chamber of Commerce to hold special events, including a banner, 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. -16- 10/29/91 9.L. Conditional Use Modification. The Commission is to consider a modification to the conditional use approval for the addition of an automated car wash at the Amoco Station on West Atlantic Avenue and N.W. 8th Avenue. Planning and Zoning Board recommends approval. In reply to Mr. Andrews, Lula Butler stated the merchants in the area of issue are banding together to abolish loitering around the business establishments. Dr. Alperin moved approval of the conditional use modification, including reclamation of water and a hedge for the chain link fence, 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 - No. Said motion passed with a 4 to 1 vote. 9.M. Temporary Tent Permit/Request For Waiver of Permitting Fees. The Commission is to consider a request from the Unity School and Happy Holiday Christmas Trees to erect a temporary tent at 1640 S. Federal Highway in order to sell Christmas Trees from November i0 to December 31, 1991; and for waiver of the permit and application fees. Mr. Mouw moved to approve the temporary tent permit and the request for waiver, seconded by Mr. Randolph. 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. Mr. Andrews stated he would like to see this issue resolved at a workshop. 9.N. Agreement With William Swaim and Associates. The Commission is to consider an agreement with William Swaim and Associates for develop- ment of the Donnelly Preserve Property. City Manager recommends approv- al. Mr. Andrews stated he hopes the entryway is developed in such a way that it is accessible, does not encourage parking or loitering and will provide for a ~ecurity gate in the area so that patrolling and security can be easily maintained in its intended use. Mr. Mouw moved approval of the agreement with William Swaim and Associates, 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. 9.0. License Agreement Isan Charters, Inc. D/B/A Stillwater Cruises. The Commission is to consider approving a ten year license agreement which will allow Isan Charters, Inc. to operate a recreational cruise boat operation at Veteran's Park. -17- 10/29/91 Mr. Mouw stated that under Paragraph No. 1.03 the intentions of the parties is to create a license for a noncommercial use of dock space only. A prepared statement was received from Kathryne Stokes which has been made a part of these minutes. Mr. Mouw moved approval of the license agreement with Isan Charters, with the modification of Paragraph No. 1.03, seconded by Mr. Andrews. 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. 9.P. Refunding of Utility Tax Bond/Note and General Obligation Bonds. The Commission is to consider the refunding of the 1987,Utility Tax Bond, the 1989 Utility Tax Note and the 1985 General Obligation Bonds. City Manger recommends approval subject to the following condi- tion: 1. The stipulation that the authorization for the sale not be made unless an approximate 3.0% savings is to be achieved by the re- funding of the 1987 Utility Tax Bond Issue and the 1985 General Obliga- tion Bond Issue. Joe Safford, Finance Director, gave a presentation regarding background and staff recommendations. The City Attorney advised that when a refunding is done, the validation is not carried over, and the safest course of action is to validate. Representatives from Smith Barney stated the longer they wait the more the total savings will be in jeopardy. A suggestion was made that the working group get together and then come back to the Commission for recommendations. Mr. Mouw moved approval for refunding the tax bond, the tax note, 'the general obligation bonds, Smith Barney as underwriters, Mudge Rose as counsel and Public Financial Management as Financial Advisors, 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.Q. Approval of Lease Agreement/Fire Station No. 5. The Commission is to consider the approval of the lease of property located on the south side of Germantown Road at the intersection of Linton Boulevard to be used as the temporary site for Fire Station No. 5. City Manager and City Attorney recommend approval. The City Attorney advised this item requires no action as it was addressed with Item 8.D. 9.R. Resolution No. 86-91. -18- 10/29/91 This item was addressed at the beginning of the Regular Agenda. 9.S. Resolution No. 84-91. Resolution No. 84-91, requesting the 1992 Florida Legislature to provide adequate funding for the preserva- tion and repair of the State's Beaches, and to identify a long term dedicated funding source, is before the Commission for consideration. City Manager recommends approval. The City Manager presented Resolution No. 84-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE 1992 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE. Mayor Lynch suggested obtaining Kathy Daley's opinion on this issue. Mr. Mouw moved to postpone this item until the meeting of November 19, 1991, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.T. Authorization to Hire Additional Personnel/Environmental Services. The Commission is to consider a request from the Environmen- tal Services Division to hire a Utilities Inspector and two additional part-time Engineering Inspectors to manage the Sewer System Rehabilita- tion and Enclave Water and Sewer Line Extension Programs. Funding is available in the 1991 Water and Sewer Revenue Bond (Account No. 447-5167-536-00.00 and Water and Sewer Fund Renewal and Replacement (Account No. 442-5168-536-00.00). Mr. Mouw moved to approve the hiring of additional personnel for Environmental Services, 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. At this time Mr. Randolph left the Commission Chambers. 9.U. Request For Modification of Approval Standards For Dolphins. The Commission is to consider a request from the property owner at 1019 Del Harbour Drive to install two dolphins 40 feet from the seawall instead of 25 feet as provided for in the City Code. City Engi- neer/Chief Building Official recommend denial. Mr. Andrews moved to deny the modification of standards, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. -19- 10/29/91 9.V. Request For Modification of Approval Standards For a Dock. The Commission is to consider a request from the property owner at 920 Hibiscus Lane to extend his dock 26 feet beyond the eight foot maximum provided for in the City code. City Engineer/Chief Building Official recommend approval. Dr. Alperin moved approval for the request for modification, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. 9.W. Request For Modification of Standards of Approval For a Dock. The Commission is to consider a request from the property owner at 1 N.W. 25th Court to install a boatlift 10 feet within the required 25 foot setback as provided for in the City Code. City Engineer/Chief Building Official recommend approval. Mr. Andrews moved approval of a request for modification for a dock, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Aiperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph returned to the Commission Chambers at this time. 9.X. Appointment of a Member to The Housinq Authority. The Commis- sion is to consider the appointment of a member to fill the expiring term of William Maher. Mr. Randolph recommended the reappointment of William Maher to the Housing Authority. Mr. Randolph moved for the reappointment of William Maher to the Housing Authority, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.Y. City Manager's Evaluation. The Commission is to evaluate the City Manager's performance and consider a pay increase. Mr. Mouw moved approval for a six (6) percent raise for the City Manager, 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. Before roll call the following comments were made: Mr. Mouw stated Mr. Harden is doing a great job, would re- commend him wholeheartedly, and recommended a six percent raise. Dr. Alperin praised Mr. Harden's performance but favored only a five percent raise to keep increases in line with the rest of the City's staff. -20- 10/29/91 Mr. Randolph recommended a six percent raise stating Mr. Harden has done a remarkable job by showing initiative and ingenuity with the handling of the budget. He is the type of City Manager needed for this City. Mr. Andrews stated Mr. Harden has excellent experience and would welcome more of his comments and opinions on any issue. Mayor Lynch stated he supports Mr. Harden and would like to thank him for the excellent job he has done for the City. At this point the roll was called to the motion. 9.Z. City Attorney's Evaluation. The Commission is to evaluate the City Attorney's performance and consider a pay increase. Mayor Lynch stated Mr. Kurtz has done an excellent job, is responding well to the citizens and is working hard to respond more and more to the staff. Mr. Andrews stated the City Attorney's department should be moving at a faster speed. Mr. Randolph stated Mr. Kurtz has performed very well and would recommend a five percent increase. Mr. Mouw stated he is very happy with Mr. Kurtz's performance. Dr. Alperin stated Mr. Kurtz has improved since taking office but more improvement is something that has to be looked at. Mr. Randolph moved for a five (5) percent increase for the City Attorney with an endorsement of a good job with some improvement, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.A.A. Resolution No. 87-91. Resolution No. 87-91, authorizing the Community Redevelopment Agency to acquire two lots in the area known as "Banker's Row", is before the Commission the Commission for considera- tion. The City Manager presented Resolution No. 87-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT OR PURCHASE; PROVIDING FURTHER, THAT THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FINDS THAT THE CERTAIN REAL PROPERTY EXISTS IN A BLIGHTED AREA AND THE REHABILITATION, CONSER- VATION, OR REDEVELOPMENT, OR COMBINATION THEREOF OF SUCH AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, -21- 10/29/91 SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 87-91 is on file in the official Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 87-91, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.BB. Declare an Emergency and Authorize Staff to Negotiate Con- tracts/Fire Station No. 5. The Commission is to consider declaring an emergency and authorizing staff to negotiate contracts for site clear- ing, paving and drainage connections associated with temporary Fire Station No. 5 site. Dr. Alperin moved approval to declare an emergency and author- ize work, 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. 8.C. Approval of lease Agreement/Fire Station No. 5. The Commission is to consider approval of a a 24 month lease agreement with Gelco Space, Inc. in the approximate amount of $22,440 for a double-wide trailer to be used as temporary living quarters for Fire Station No. 5. Funding is available in Fire Administration - Rental Equipment (Account No. 001-2311-522-33.42). Mr. Mouw suggested delaying approval of this item until such time as staff can address specific complaints and issues and bring a staff report back to the Commission. If all the findings against Gelco are factual, it will appear they do not wish to do business with the City. Mr. Mouw moved to postpone this item until the meeting of November 19, 1991, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. COMMENTS AND INQUIRIES ON NON-AGENDA ITESM 13.A.1. Mr. Andrews stated he would like to have a Task Force created and made up of the Executive Director of the CRA, the Executive Director of the Chamber of Commerce and three (3) people at large to do the needed research for a Business Conference Center with a report back to the Commission within four (4) months. 13.A.2. Mr. Andrews stated while reviewing the downzoning, his intent of updating the comprehensive plan, with other items that have been avoided, will hopefully be done. -22- 10/29/91 13.A.3. Mr. Andrews stated the Police Chief should periodically attend Commission meetings and be accessible to the City Commission. 13.A.4. Mr. Randolph had no comments or inquires at this time. 13.A.5. Mayor Lynch stated he received a letter stating work is being done on the issue of sea lice, and he will get the letter to the City Manager. 13.A.6. Mayor Lynch questioned the status of the new microphones being put in the Chambers. 13.A.7. Mr. Mouw requested changing the meeting date of November 12 to November 19, 1991. It was the consensus of the Commission, as long as there would be no problem with advertising, to change the meeting date to November 19, 1991. 13.A.8. Mr. Mouw addressed the memo from the City Clerk with regard to prioritizing workshop items. There are a lot of pending items. Mayor Lynch suggested swapping the 8th Street Marina with Code Enforcement and the fine procedures. Mr. Andrews suggested obtaining research from other cities with regard to forfeiture of code fines. 13.B.1. The City Attorney advised there will be an auction in Dallas on December 12, 1991 regarding the Lavers situation. If the City chooses to bid, a title search has to be done. Mayor Lynch stated the Lavers property should be looked at as an attraction or a joint venture with other groups and the alternative that it might be used as a future site for the City's tennis center. He requested staff look into the recommended areas as well as the area across from Atlantic High School and come back to the Commission with their ideas so it can be finalized. 13.C.1. The City Manager had no comments or inquiries at this time. Mayor Lynch declared the meeting adjourned at 10:00 P.M. - ~' City ~erk' ATTEST: -23- 10/29/91 1220 Southwars Delrar Beach, FL 33483 October 29, 1991 HAND-'DELIUERED The Honorable Mayor Thomas Lynch and the City Commissioners of Oelray Beach City Hall Delray Beach, Florida Gentlemen: It appears that the City is prepared to go forward with the proposed commercial contract with Isan Charters, Inc. since it is on tonight's Regular ~genda. However, I contin- ue to believe that are a number of problems with the con- tract, including, among other things, the fact that it is an attempt to subvert the clear wording of the City's compre- hensive plan. Since items placed on that portion of the agenda are not open to public comment, I am submitting this letter to state mr continuing opposition to this contract and to promise you that I will pursue all legal remedies available to me to have this contract set aside. In any ev- ent, this contract should not be approved since it has a number of problems. I have raised these problems in a number of prepared statements, and the City Commission directed Mr. Kurtz to address them. Nothing has been forthcoming until this new contract appeared on tonight's agenda. Needless to sar, the memorandum from Mr. Tolces does not address any of the is- sues I raised. For example, at a hearing on August 27, 1991, I presented a B-page prepared statement regarding this con- tract. I raised several serious issues. This included the fact that this license agreement lacks legal sufficiency be- cause it is legally impossible to base a 10-rear license agreement on a code section that provides a recreational boater with a temporary mooring permit that may not exceed a seven-dar period over a year's time. Even the purported exemption obtained from DER included in your package tonight is subject to legal challenge. I have been in contact with Charles Barrowclough who is with the Wetlands Section of the DER in Tallahassee (904-488-0130, ext. 60) and who supervises Larry O'Donnell and Caroline Hanes in the West Palm Beach office of the DER. The Honorable Mayor Thomas Lynch October 29, 1991 Page 2 of 3 Mr. Barrowclough told me that the City had obviously done their homework to get around the intent of the "day use" as- pect of the permit for the seawall and marginal dock. Since the cruise boat, according to Captain Mark's application, will be moored to the five pilings that were at the south end of the park and which will be replaced after the seawall reconstruction is completed. He said Captain Mark can moor to these pilings when they are rebuilt but if he so much as has a line to the marginal dock, the seawall or the bulk- head, he is in violation of the DER permit. Furthermore, I am attaching a letter from Ms. Hanes to the City, dated Oc- tober 8, 1991, which Mr. Barrowclough believes may still be applicable since the City's intent for the marginal dockage is for day use only, that is, for recreational boaters. do not know what the outcome of all this will be, but it is clear that Captain Mark's contact with the DER is part of an attempt on someone's part to bypass "problems" with the DER. I still maintain that this is a commercial operation as evidenced in my petition to the DCA and in the letter at- tached from Ms. Hanes. The City has chosen to circumvent the land use description for Recreation and Open Space in the Comprehensive Plan by somehow declaring this boat the moral equivalent of a golf course or swimming pool. As you are aware, I have asked the OCA to keep my file open, but I am also prepared to resort to a court of law to have the City's circuitous approach reviewed. I also believe there are numerous other problems re- garding this contract which the City Attorney has chosen to ignore. The license agreement between the City of Delray Beach and Atlantic Plaza, Ltd., entered upon on February 13, 1985, covers the same parking spaces. No effort has been made to integrate these two sets of legal rights and duties (those of Atlantic Plaza, Inc. and those of ISAN Charters, Inc.) or to sort out the liability and indemnification is- sues among the three parties. Furthermore, the City liquor ordinance regarding con- sumption of alcoholic beverages in public places, which is codified at Section 113.02, prohibits consumption of alco- holic beverages in the City's parks except for a carefully carved out exception for the golf course. When I raised this issue with Mr. Kurtz, he bluntly told me that since The Honorable Mayor Thomas Lynch October 29, 1991 Page 3 of 3 drinking was allowed at the golf course, drinking on the cruise boat was permitted. I believe that, even if the other problems with the contract can be solved, the ordi- nance needs to be modified to include a specific exemption for the boat operation before the contract can be executed. This modification would require a public hearing. Finally, the inclusion of the exclusivity clause may be the topping on the cake since it leaves the City open to legal action by other boat operators. /he trial period for this boat operation was held early in the summer, and it was promoted by the City as a trial for Louie's Lad)/. That boat was to offer day cruises only, and there was no discussion about all the "extras" that have been included it the contract that is before you. This con- tract calls for da>, and night cruises, a boat that holds up to 250 passengers and is up to 100 feet in length. (The park is only &O0 feet long~ ) There is now an office building with the potential for vending and amusement machines; a dump- stet; a license for the entire park. I think the public has been misled, and if the City were more honest about this, there would be a lot more opposition. /he fact that the contract is approved tonight will not prevent that opposi- tion from surfacing. I promise you that I will pursue every possible remedy available to me to have this contract set aside. Sincerely, Kathryne B. Stokes Attachment cc: David N. Tolces, Esq., Assistant City Attorney ~~~] S out h cast District · 1900 S. Congress Ave., Suite A · West Palm Beach, Florida 33406 Fax: 407/'433-2006 OC]- § 1991 Mr. David Tolces Assistant City Attorney City of Delray Beach 0~ 0 8 i~i ' 2000 lqW 1st Avenue Delray Beach, FL 33444 Dear Mr. Tolces: RE: City of Delray Beach (Dock at Veterans Park) DER File #501955086 This letter is to follow up on our telephone conversation of October 4, 1991. You asked about the possibility of modifying the referenced permit to change the use of the dock from day (transient)use to permanent berthing for a cruise boat which would operate from the park on a concession basis. As permitted, the dock is for use by the public on a transient basis (a letter included with the original application stated that the dock was intended for day use only). Berthing a cruise boat concession at the dock would constitute commercial use. If you wish to allow the cruise boat to dock there~ you must apply to the Wetland Resources section of this Department in Tallahassee for a "Standard Form" commercial dock permit, according to Ms. Connie Bersack in the Tallahassee'~_fice."'~An application with instructions and a copy of Florida Statutes, Chapter 312, are enclosed. Please send the application with the appropriate fee (fee schedule enclosed with the instruction booklet) directly to Tallahassee. That office may decide to delegate the permitting process to this office, but the fee remains that for a standard form permit application since it is for a commercial facility. If you have further questions, please contact me at 407-433-2650. When referring to this project, please use the file number indicated. Sincerely, Caroline Hanes Environmental Specialist Water Management Program cc:Doug Fry 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 29, 1991, which minutes were formally approved and adopted by the City Commission on W~/~~ /9, /~/ · Cit~ C~erk ~ NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -24- 10/29/91