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11-19-91 NOVEMBER 19, 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 6:03 P.M., Tuesday, November 19, 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 Robert Finch, Pastor of Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin moved for approval of the agenda, 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. 5. Dr. Alperin moved for approval of the minutes of the Regular Meeting of October 29, 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 for approval of the minutes of the Special Meeting of November 5, 1991, 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. 6. Proclamations. 6.A. Mayor Lynch proclaimed November 21, 1991, as "Great American Smoke Out Day", requesting a day of abstinence from smoking and a hope for an end to smoking careers. 7. Presentations. Brahm Dubin, General Manager of the Delray Beach Municipal Golf Course, introduced the new golf pro, Dan DiCarlo, who presented a trophy to Dr. Alperin for winning the first annual Long Golf Drive Contest. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. .Temporary Tent Permit/Old School Square. The Commission is to consider approval of a request from Old School Square, Inc., to erect a temporary tent on their property at 51 S. Swinton Avenue for a party being held on the evening of November 20, 1991. Approval is recommend- ed. 8.B. TemporarY Tent Permit/Emmanuel Catholic Church. The Commission is to consider a request from Emmanuel Catholic Church to erect a temporary tent on their property at 15700 S. Military Trail in conjunc- tion with their Outdoor Bazaar being held from January 24 through January 26, 1992. Approval is recommended. 8.C. Authorization to Erect Awning into Right-Of-Way. The Commis- sion is to consider a request from J.B.'s Boutique to erect a fabric awning on the front of their building, located at 1122 East Atlantic Avenue that will extend into the right-of-way. Approval is recommended. 8.D. Authorization to Erect Awning into Right-Of-Way. The Commis- sion is to consider a request from The Courtyard Shops to erect a fabric awning on the front of their building located at 1210 East Atlantic Avenue that will extend into the right-of-way. Approval is recommended. 8.Eo Change Order No. 2/Poole and Kent. The Commission is to consider approval of Change Order No. 2 to the contract with Poole and Kent which reduces the contract price by $25,491.87 for the EmergenQy Wellfield Assessment project. Approval is recommended. 8.F. Authorization to Transfer Prior Year Surplus Stormwater Utility Funds. The Commission is to consider authorizing staff to transfer $55,000 from the prior year surplus Stormwater Utility Funds in order to fund miscellaneous drainage projects at SoE. 8th Street, at the inter- section of N.E. 8th Street and Palm Trail and, at the intersection of N.E. 4th Avenue and N.E. 2nd Street. Approval is recommended. 8.G. Authorization to Submit Grant Applications. The Commission is to consider authorizing staff to submit grant applications to the Florida Department of Health and Rehabilitative Services for matching funding, for fiscal year 1992/93, in the amounts of $90,000 and $6,988 to be used to purchase two Emergency Rescue Vehicles and extrication equipment. Approval is recommended. 8.H. Acceptance of Grant Funding. The Commission is to consider accepting grant funding from the Solid Waste Authority in the amount of $54,847.91 for our recycling program. Approval is recommended. 8.I. Authorization to Place Signs in the Rights-Of-Way. The Commis- sion is to consider approval of a request from the Police Department to erect special event signs within the rights-of-way throughout the City -2- 11/19/91 in conjunction with their D.A.R.E. 5K Run/Walk being held on Saturday, November 30, 1991. Approval is recommended. 8.J. Allocation of Funds From Law Enforcement Trust. The Commission is to consider authorizing staff to allocate and transfer $18,037.50 from the Law Enforcement Trust (Account No. 112-0000-301-12.00) to (Account No. 112-2172-521-35.15) to be used to purchase Sure-Fire Flashlites (150), car chargers (85), holsters (150) and batteries (20). Approval is recommended. 8.K. Overhead Line Relocation. The Commission is to consider approval of an agreement with Florida Power and Light in the amount of $30,000 for the relocation of an existing overhead line from a mid-block easement south of the Water Treatment Plant to the north side of S.W. 7th Street. This action is part of the Lime Softening project. Funding is available in 1991 Water and Sewer Revenue Bond (Account No. 447-5164-536-60.31). Approval is recommended. 8.L. Acceptance of Easement Deed/Agreement. The Commission is to consider acceptance of an easement deed for a 10-foot wide easement and execute an agreement with the property owner at 502 Enfield Road for the construction of a drainage culvert. Acceptance is recommended. 8.M. Acceptance of Easement Deeds. The Commission is to consider accepting easement deeds for utility relocations on Lots 28 and 29, Block 1, Foxpointe Subdivision. Acceptance is recommended. 8.N. Request for Payment of Attorney's Fees/Fire Station No. 1. The Commission is to consider a request for payment of attorney's fees and costs for the acquisition of Parcel 15 in conjunction with Fire Station No. 1 Eminent Domain proceedings. Approval is recommended. 8.0. Settlement/Request for Payment of Attorney's Fees/Fire Station No. 1. The Commission is to consider acceptance of a settlement offer in the amount of $1,000 above the $5,500 previously deposited into the Registry of the Court for Parcel 22 in conjunction with Fire Station No. 1 Eminent Domain proceedings, for payment of attorney!s fees in the amount of $1,950, and payment of taxes in the amount of $24. 8.P. Award of Bids and Contracts. 1. Irrigation - South Congress Avenue Medians - Rainbow Landscaping in the amount of $52,970 with funding from 1987 Utility Tax Beautification - Congress Avenue - Lake Ida to Atlantic Avenue (Account No. 333-4141-572-61.23). 2. Landscaping - South Congress Avenue Medians - Tuttle's Design Build, Inc. in the amount of $109,789.50 with funding from 1987 Utility Tax Beautification - Congress Avenue - Atlantic Avenue to C-15 Canal (Account No. 333-4141-572-61.33). 3. Copy Machine Maintenance - Delta Business in the amount of $17,424, Danka Business in the amount of $5,865, and Xerox Corp. in the amount of $3,156 with funding from various -3- 11/19/91 department's Repair and Upkeep/Equipment (Object code #33.32) accounts. 4. Plumbing Service and Repairs - Myers Plumbing Company, Inc., in the estimated annual amount of $12,350 with funding from various department's Repair and Upkeep/Building accounts. Approval is recommended. 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; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A. Review of Appealable Land Development Actions of Various Boards. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan-Review and Appearance Board and the Historic Preservation Board during the period from October 29, 1991, through November 18, 1991. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. Request for Expedient Review. The Commission is to consider a request from Jay D. Tormey for expedient review of his application for a conditional use to locate a family recreational business in the Congress Square Shopping Center. David Kovacs, Planning Director, stated this will be on the agenda for a Special P&Z meeting on December 9th and it will return to the Commission for consideration at the Regular Meeting on December 10th. The City Manager commented that it appears the Commission will be requested to schedule a Special Meeting on December 17th, regarding the Refunding Bond Issue and, if the Commission so desires, this issue could be addressed at that time. Dr. Alperin moved to direct the Planning staff to expedite this application, 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.C. Request for Waiver of Application Processing Fees. The Commis- sion is to consider a request from the South County Mental Health Center for waiver of the land use application processing fees. Upon question as to the cost of the Planning Fee, Mr. Kovacs responded that the cost depends upon the complexity of the Plat. -4- 11/19/91 Mr. Andrews moved to support a 16% reduction in fees, seconded by Dr. Alperin. After further discussion, Dr. Alperin withdrew his second due to a misunderstanding of the motion. The motion died for lack of a second. Mr. Mouw moved to waive the processing fees for this condition- al use application, site plan review and variance hearing as outlined in the backup material, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. Mayor Lynch suggested this issue be placed on a future workshop for further consideration. The Commission concurred. 9.D. Termination of Letter of Agreement. The Commission is to consider acknowledging the termination of the letter of agreement with the Community Redevelopment Agency with regard to the CRA Planner position. Mr. Randolph moved for acceptance of the notice to terminate, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. Agreement With William Swaim and Associates. The Commission is to consider an agreement with William Swaim and Associates for the construction and installation of sewer improvements in conjunction with the Anchorage Project. Dr. Alperin moved for approval of the agreement, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.F. 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. 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. (Copy of Resolution No. 84-91 is on file in the official Resolution Book) -5- 11/19/91 Mr. Randolph moved for the adoption of Resolution No. 84-91, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: 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.G. Resolution No. 94-91. Resolution No. 94-91, formally estab- lishing a policy on ethics and providing for compliance with Florida Statutes, Chapter 112, Part III, is before the Commission for considera- tion. The City Manager presented Resolution No. 94-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, FORMALLY ESTABLISHING ITS POLICY ON ETHICS WHICH PROVIDES FOR COMPLIANCE WITH FLORIDA STAT- UTES CHAPTER 112, PART III; PROVIDING THAT IT IS A POLICY OF THE CITY COMMISSION THAT THE APPEARANCE OF IMPROPRIETY OUGHT TO BE AVOIDED IN THE CONDUCT OF OFFICIAL DUTIES; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 94-91 is on file in the official Resolution Book) Mr. Randol~ph moved for the adoption of Resolution No. 94-91, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.H. Additional Expenditures/Fire Station No. 5. The Commission is to consider a request for additional monies to cover real estate commis- sion fees in conjunction with the Fire Station No. 5 project. The City Attorney stated the City agreed to pick up certain costs. In an Eminent Domain proceeding, value is not added to the land because there is a brokerage involved. The City never agreed to pick up the ten percent fee. He suggested the Commission authorize himself and the City Manager to negotiate some lesser reasonable amount of compensa- tion or perhaps a sharing between the City and the Blood's, with regard to Mr. Mayhew's compensation. Mr. Randolph moved to authorize the City Manager and the City Attorney to negotiate a new settlement, 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. Before roll call, Mr. Andrews questioned the premise of the negotiation. The City Attorney responded that during the week he and the City Manager will be presenting alternate sites, if any are located, to meet the needs of the City and still remain on schedule. At this point the roll was called to the motion. -6- 11/19/91 9.I. Change Order No. 2/Pavex. The Commission is to consider approval of Change Order No. 2 to the contract with Pavex, Corp., in the amount of $63,000 for resurfacing of alleyways as part of the CBD Alleyway Improvement Program. Mr. Andrews moved for approval of Change Order No. 2, 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. At this time, the Commission concurred to discuss 9.K. 9.K. Appointment of a Member to the Police and Fire Pension Board of Trustees. The Commission is to consider the appointment of a member to the Police and Fire Pension Board of Trustees to fill the vacancy caused by the resignation of John Tranter. This is a Seat 1 appointment. Mr. Mouw moved to appoint John M. Duane, Jr. to fill the vacancy, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the Agenda. PUBLIC HEARINGS 10.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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 75-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINI- STRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCE- DURES'', 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; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 75-91 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 -7- 11/19/91 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. 75-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 10.B. 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 Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 77-91: 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 REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 77-91 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. Helen Coopersmith, member of the Ad Hoc Committee, stated she is concerned about the manner in which this is to be phrased on the ballot, to eliminate any misunderstanding by the public. Assistant City Attorney Tolces presented her with a sample copy. The public hearing was closed. Mr. Mouw moved for the adoption of Ordinance No. 77-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. -8- 11/19/91 10.C. Ordinance No. 79-91. Ordinance No. 79-91, amending the Code of Ordinances 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. 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 NON-PARTISAN ("RUN-OFF") ELECTIONS EXCEPT IN THE EVENT OF A TIE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10, 1992; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-91 is on file in the official Ordi- nance Book) Assistant City Attorney Tolces read the caption of the ordi- nance. 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. 79-91 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. Before roll call, the following discussion was had: The City Manager expressed a personal concern regarding non- partisan elections, which usually results in a very small voter turnout. For example, if there are four or five candidates running for office, a person can be elected with 27% of the vote. He feels it is better to have a candidate elected by a clear majority with a small turnout, allowing everyone an opportunity to go to the polls, as opposed to having someone elected with only 27% of the vote. Dr. Alperin and Mr. Andrews voiced their agreement with the City Manager's concerns. At this point the roll was called to the motion. 10.D. Ordinance No. 80-91. Ordinance No. 80-91, amending the Code of 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 Second and FINAL Reading. Prior to consideration -9- 11/19/91 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. 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 3.01(C), TO PROVIDE FOR A LIMITATION OF SIX (6) CONSECUTIVE YEARS OF ELECTED SERVICE FOR COMMISSIONERS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10, 1992; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 80-91 is on file in the official Ordi- nance Book) Assistant City Attorney Tolces read the caption of the ordi- nance. 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. 80-91 on Second and FINAL 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 4 to 1 vote. 10.E. Ordinance No. 82-91. Ordinance No. 82-91, amending the Land Development Regulations to move the 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 circumstances, 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. 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 A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -10- 11/19/91 (Copy of Ordinance No. 82-91 is on file in the official Ordi- nance Book) Assistant City Attorney Tolces read the caption of the ordi- nance. 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. 82-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public. ll.A. The City Manager stated in response to Mr. Jackel's concerns regarding housing conditions within the City, that the City Code En- forcement Personnel does aggressively enforce the Housing Code. Twice a year rental units are inspected and, it is felt, that more frequent inspections without particular cause would appear as harassment by the landlords. The City is operating with limited resources, but is search- ing for ways to maximize those through the use of Federal Funds and the leverage of funds from private banks. 11.2. The City Manager stated with regard to the comments by Jean Beer referring to the Countywide Planning Council and efforts of the County through that agency to have the City assume more land use plan- ning throughout the County, including the municipalities, that a pre- sentation is planned on that issue for the meeting of December 3, 1991. The Municipal League has also requested that cities consider taking action to abolish the Countywide Planning Council during December and that also will be discussed at the Regular Meeting of December 3rd. 11.3. The City Manager stated, in response to three concerns of Alice Finst: 1) the Truck Ordinance is scheduled to appear on the agenda of the Regular Commission meeting of November 26th; 2) staff was formerly directed not to mandate minimum ground cover, due to a discussion between the City Commission and the Code Enforcement Board; and, 3) Gelco is under an order from the Code Enforcement Board to submit a revised site plan or to confine operations to the authorized site by December 26th. They are also under another separate order to remove outside storage from the lot onto which they have expanded and that has been done. ll.B.1. Lillian Feldman, resident, stated in February of 1990 she had requested that the County consider installing traffic signals on Mili- tary Trail from the L-30 Canal to the C-15 Canal; however, since nothing happened, she continued to make numerous requests with promises being made, the last of which was to be November of 1991. She feels the City should contact the County and try to learn where the problem lies. The Commission concurred that a letter should be drafted and forwarded to Carole Phillips, Chairman, Palm Beach County Commission. -11- 11/19/91 ll.B.2. Aimee "Sunshine" Allard, 525 Sunset Road, Boynton Beach, requested permission from the Commission to use the Delray municipal beach on Thanksgiving Day to demonstrate thanks to Mother Earth. Members of Greenpeace, the Sierra Club and the Audubon Society will be lying in the sand, ten persons deep, to spell out "Love Earth". The Commission concurred in waiving restrictions for beach demonstrations subject to a submittal of a written request to the City Manager's office. ll.B.3. Jerry Marshall, in reference to the demonstration at the beach, commented that these organizations are the forefathers of what this country is trying to preserve. ll.B.4. Charles Broadnax, 114 N.W. 2nd Avenue, expressed concern about the drug problem in his area and the fact that the police patrol is no longer there. Mayor Lynch advised Mr. Broadnax that he spoke with Chief Overman yesterday and he is definitely planning to expand the program throughout the City, which will include the northwest section. The City Manager advised that the new officer to patrol that particular area was selected laSt Friday, but he does not know exactly when that patrol will go into effect. Mr. Randolph stated the officer who was relieved of that duty was Officer Cook. He also met with Chief Overman and ex- plained to him that all the ills of that area have returned since Officer Cook is no longer patrolling. ll.B.5. Virginia Snyder, resident, stated she recently was in the northwest section and' is concerned that there is no one patrolling the area and feels it was a mistake to remove Officer Cook from that area. Mr. Randolph left the Commission Chambers at this time. FIRST READINGS 12.A. Ordinance No. 67-91. Ordinance No. 67-91, amending Section 52.52(A) of the Code of Ordinances to provide for a reduction in the penalty charged for late payment for utility service~, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 3rd. Approval is recommended. The City Manager presented Ordinance No. 67-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 59-90, BY AMENDING SECTION 52.39, "OTHER FEES", AND SECTION 52.52, "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", TO BE CODIFIED IN THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT A PENALTY SHALL BE ASSESSED IF PAYMENT IS DELINQUENT AND/OR WHEN SERVICES ARE DISCONTINUED BY THE CITY AS A RESULT OF SUCH DELINQUENCY; PROVIDING FOR A DECREASED PENALTY AMOUNT; PROVIDING A GENERAL REPEALER CLAUSE; -12- 11/19/91 PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordi- nance. Dr. Alperin moved for the adoption of Ordinance No. 67-91 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph returned to the Commission Chambers at this time. 12.B. Ordinance No. 81-91. Ordinance No. 81-91, amending the Land Development Regulations to provide for an increase in the amount of open space permitted to be pl'anted in grass, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 3rd. Approval is recommended. The City Manager presented Ordinance No. 81-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.16, "LANDSCAPE REGULATIONS", SUBSECTION 4.6.16(E), "LANDSCAPE DESIGN STANDARDS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING PARAGRAPH 4.6.16(E) (8) (c), "LAWN GRASS", TO PROVIDE FOR NO MORE THAN EIGHTY PERCENT (80%) OF THE REQUIRED OPEN SPACE BE PLANTED IN LAWN GRASS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordi- nance. Mr. Mouw moved for the adoption of Ordinance No. 81-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.C. Ordinance No. 83-91. Ordinance No. 83-91, amending the Code of Ordinances by enacting a new section 98.30 "Waste Tire Dumping", to provide for licensing, rules and regulations regarding waste tire collectors, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held December 3rd. Approval is recommended. The City Manager presented Ordinance No. 83-91: -13- 11/19/91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 98, "LIT- TER'', BY ENACTING A NEW SECTION 98.30, "WASTE TIRE DUMPING", TO PROVIDE FOR LICENSING, RULES AND REGULA- TIONS REGARDING WASTE TIRE COLLECTORS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordi- nance. Mr. Andrews moved for the adoption of Ordinance No. 83-91 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.D. Ordinance No. 84-91. Ordinance No. 84-91, correcting the zoning designation for the Deer Park Water Plant property located on the west side of South Swinton Avenue between S.E. 7th and 8th Streets from R-lA (Single Family Residential) district to CF (Community Facilities) district and correcting the Official Zoning Map, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held December 3rd. Approval is recommended. The City Manager presented Ordinance No. 84-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR LAND LYING AND BEING IN SECTION 20, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-lA (SINGLE FAMILY RESIDENTIAL) DIS- TRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF SOUTH SWINTON AVENUE, BETWEEN S.W. 7TH STREET AND S.W. 8TH STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordi- nance. Mr. Mouw moved for the adoption of Ordinance No. 84-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.E Ordinance No. 85-91. Ordinance No. 85-91, correcting the zoning designation for the body of water and lift station located on the -14- 11/19/91 west side of Swinton Avenue approximately 600 feet north of 22nd Street from R-lA (Single Family Residential) district to CF (Community Facili- ties) and correcting the Official Zoning Map, is before the Commission on First Reading. If passed, Public Hearing will be held January 14th. Approval is recommended. The City Manager presented Ordinance No. 85-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR LAND LYING AND BEING IN SECTION 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED ON THE WEST SIDE OF SWINTON AVENUE, APPROXIMATELY 600 FEET NORTH OF 22ND STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordi- nance. Dr. Alperin moved for the adoption of Ordinance No. 85-91 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12.F. Ordinance No. 86-91. Ordinance No. 86-91, correcting the zoning designation on a portion of the Unity School property located on the east side of N.W. 2nd Avenue, approximately 400 feet north of N.W. 22nd Street from R-lA (Single Family Residential) district to CF (Commu- nity Facilities) district and correcting the Official Zoning Map, is before the Commission on First Reading. If passed, Public Hearing will be held December 3rdo Approval is recommended. The City Manager presented Ordinance No. 86-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI- CATION FOR LOT 1, LAKE EDEN SUBDIVISION, PLAT NO. 1, AS RECORDED IN PLAT BOOK 28, PAGE 216 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND IS LOCATED ON THE EAST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400 FEET NORTH OF N.W. 22ND STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -15- 11/19/91 Assistant City Attorney Tolces read the caption of the ordi- nance. Dr. Alperin moved for the adoption of Ordinance No. 86-91 on First Reading, 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. At this time the Commission returned to the Regular Agenda portion of the meeting. 9.J. Settlement Offer - Montalban VS. City of Delra¥ Beach. The Commission is to consider a settlement offer in the amount of $12,000, plus costs to settle pending litigation in the Montalban vs. City of Delray Beach case. The City Attorney stated a memorandum before the Commission indicates that a settlement offer in the amount of $12,000 has been received. The parties have reached a joint stipulation in the event that this matter is settled. Mr. Andrews moved for denial of the settlement offer, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - NO. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Dr. Alperin stated he feels the Commission has accomplished what they had to do and carrying the issue further will not save the City money. Mr. Mouw concurred with Dr. Alperino Mr. Andrews commented that he feels the City overreacted to a perceived problem and it may cost more to prove the City correct, but it is something that needs to be done. Mr. Randolph stated he might be in favor of a figure of approximately $10,000, but he does not want to send a wrong message. Mayor Lynch stated at this point there will probably be more costs and a lengthy trial, but if City Staff has been accused and the Commission feels that is inaccurate, he feels staff must be backed and he would not be in favor of settling at this time. At this time the roll was called to the motion. The CitY Attorney suggested that the City place an offer of judgement upon them in the amount of $10,000, meaning, that if a judge- ment is filed against the City for $7,500 or less, they would be liable for the City's attorney fees and costs from this point forward. Dr. Alperin moved to direct the City to tender an offer of judgement in the amount of $10,000, plus costs, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. -16- 11/19/91 13. Comments and Inquiries on Non-Agenda Items. 13.Aol. Dr. Alperin stated he feels there is a parking problem at the Sundy House and questioned if the City has any liability when something of this nature has been approved, to which the City Attorney responded that there is no liability. Mr. Kovacs commented that "No Parking" signs will be installed only as a result of complaints and, to his knowledge, there have been none. 13.A.2. Dr. Alperin suggested that members of the Commission drive around the City occasionally and emphasize the beautiful areas, instead of constantly dwelling on all the Code problems that have been discussed at the recent workshops. 13.A.3. Mr. Andrews stated he is lodging a formal complaint with regard to the improper parking at the Sundy House. 13.A.4. Mr. Andrews stated he feels it is time to address the swale ordinance within the City. Whether or not the public is aware, they are required to maintain the swale in the same manner as their lawn. 13.A.5. Mr. Andrews commented that he does not feel it is a good idea to try and orchestrate the policing of the City from this position, other than the net results. If the Commission is concerned with some of the results or happenings, the City Manager should be requested to speak to the Police Chief. 13.A.6. Mayor Lynch stated it is his understanding that the bridge- tender's house at the 8th Street bridge is under consideration to be upgraded and questioned the status of this. Assistant City Attorney Tolces advised that Mr. Swaim proposed to take care of this matter. 13.A.7. Mayor Lynch stated a group of citizens met last week to discuss the Code problems in the City and, while the Code Enforcement Board has done an excellent job, he feels there is a need for some additional codes. He suggested that the Commission talk with the residents and perhaps draft a form on which to list recommendations to be presented to staff on changes they feel would be beneficial to the City. He ques- tioned if the City has records that show what the accumulated finds are on a particular piece of property and what the actual levy was; also, he questioned if there are records indicating how many occasions an employ- ee was required to talk with those persons in an attempt to convince them to comply. He would like this information to be shared with the Commission, if it is available. 13.A.8. Mayor Lynch questioned the status of Fire Station No. 1 with regard to deadlines because of Value Engineering. 13.B.1. The City Manager stated upon discussion with staff, there is a possibility of applying for the All American City award for the coming year and requested input from the Commission. Upon question, he re- sponded that the cost for travel, the presentation, applications, fees, etc. is minimal. -17- 11/19/91 The Commission consensus was to proceed with this. 13.B.2. The City Manager advised that he signed a Change Order today on Veterans Park, moving the bulkhead 33 inches into the Intracoastal Waterway to avoid the cost of removing the old one, at a savings of $6,920. 13.B.3. The City Manager stated several organizational changes have been made; in the Environmental Services, two Assistant Director posi- tions have been deleted, a Maintenance Supervisor position and Assistant Superintendent of Water/Sewer Network position, both of which were changed into secretary positions. The net result of those changes reflects a decrease in salary costs of $119,174 per year. The Budget office, upon the resignation of Yvonne Kincaide, Budget Director, has been merged into the Finance Department with Becky O'Connor assuming those duties, in addition to her current duties as Treasurer, at a savings of approximately $70,000. There are several organizational changes being made in the Planning Department; basically, a Planner II position will be changed to a Planning Technician and a Planner II in advanced planning that will be changed to a Planner III in current planning. In addition, the Traffic Engineer has been moved from Environmental Services to the Planning Department. 13.C. There were no comments or inquiries from the City Attorney. 13.D. Mayor Lynch stated a decision needs to be made regarding the Countywide Planning Council. The Municipal League has recommended to the State that there should be a partial assessment for properties that appear on the tax roll, such as interims of every quarter, or other ways of collecting a fee. The Municipal League supported some type of doing away with or phasing out Homestead Exemptions in order that they would be phased out at approximately a $75,000 level. The Municipal League is favoring to the State some kind of change in the Emminent Domain laws and annexations. The City Attorney advised that the Countywide Planning Council issue will be scheduled for the Regular Meeting of December 10th. Mayor Lynch declared the meeting adjourned at 8:25 P.M. - City ~le~k' ATTEST: -18- 11/19/91 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of November 19, 1991, which~minutes were for- mally approved and adopted by the City Commission on ~lffz~q_ ~~/99/ . ! City '~1 ez~k NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -19- 11/19/91