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12-03-91 DECEMBER 3, 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, December 3, 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 Assistant City Attorney Susan Ruby 2. The opening prayer was delivered by Chaplain Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin requested that Item No. 12.A. be moved to the beginning of the Public Hearing portion of the Agenda as Item 10.AA. Mayor Lynch stated an Addendum, Item No. 9.AA, has been added to the Regular Agenda. Dr. Alperin moved for approval of the Agenda, as amended, 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. 5. Dr. Alperin moved for approval of the minutes of the Regular Meeting of November 19, 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. 6. Proclamations. None. 7. Presentations. 7.A. Future of the Palm Beach Countywide Planning Council. David Kovacs, Planning Director, advised he was not present at the last work session held by the Board of County Commissioners, so can relate only what he read in the newspaper. The discussion at that work session was in regard to two sets of ballot language, one of which would be pursued should the Countywide Planning Council not be dissolved by the municipalities, and the second, to be pursued should the Countywide Planning Council be abolished. Upon question by Mayor Lynch regarding the sunset date, Mr. Kovacs responded that it could sunset on December 31st only with a certain number of votes from municipalities taking an affirmative action to do so; however, this is not something that can be abolished by the Palm Beach County Commission. Mr. Andrews commented that the County Commission decided to keep a planning council-type group to adjudicate intergovernmental inconsistencies between municipalities and request the voters to form a new planning council to deal exclusively with water, environment and solid waste. Mr. Kovacs expressed the feeling that this was a different approach to the Charter revision that was before them at the time they entered into the work session, to which Mr. Andrews agreed. Mr. Andrews stated further that he suspects every municipality is going to vote to kill it. Discussion followed with regard to the ballot issue. The City Manager advised this issue is on the agenda of Decem- ber 10th for Commission consideration and formal action. In the mean- time, he suggested that the City attempt to learn exactly what the County's current position is on this issue. The consensus of the Commission was to request that the Countywide Planning Council not be abolished at this time, but remain as it is. Staff advised that appropriate resolutions would be prepared for consideration/action at the December 10, 1991 Regular Commission meet- ing. 7.B. Bond Refunding: Market and Timinq - Smith Barney. David Levy, representing Smith Barney, Underwriters for the City's Refunding Bonds, stated last October when discussion began with regard to refunding the City's 1987 Utilities Tax Bonds and the 1985 General Obligation Bonds, the one primary goal in mind was to provide interest rate savings to the City. Additional goals that were soon developed included restructuring the City's Series 1989 Utilities Tax Notes and restructuring the City's Utilities Tax covenants. He then gave a brief explanation indicating how those goals would be reached through those refunds. He recommended that the Commission take action to enable the City to refund the Bonds, but only when the approximate saving levels, which he indicated, are reached. He further advised that he does not feel that at this time the savings level can be achieved within the next two weeks as originally planned. It is more likely to assume that the beginning of the new year would be a better time to sell the bonds. Once the Bonds are sold, it will be necessary for the Commission to meet in a Special Meeting the following day to award the Bonds to the Underwriters and sign a bond purchase contract. Finally, the financing would be closed within ten days of the sale of the Bonds. -2- 12/3/91 Assistant City Attorney Ruby requested that the Commission amend Items 8.A., 8.B. and 9.A. to include the 1980 G.O. Bond Issue and the refunding as an authorization when approved on the Consent Agenda. Upon question by Mr. Randolph, Mr. Levy responded that his recommendation was that the Commission authorize his company to proceed under the condition that certain savings may be provided. If they are not sold by March 1st they will be under obligation to come back to the Commission. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Authorization Regarding Bond Statements. The Commission is to consider authorizing the Mayor to deem the Preliminary Official State- ments final with respect to the refunding of the Utility Tax Bond Issues and the 1985 General Obligation Bond Issue. Approval is recommended. 8.B. Approval of Services for the Refunding of the Utility Tax Bond Issues and the 1985 General Obligation Bond Issue. The Commission is to consider approval of the printer, escrow agent, paying agent, regis- trar and verification agent for the refunding of the Utility Tax Bond Issues and 1985 General Obligation Bond Issue. Approval is recommended. 8.C. Acceptance of a Proposal from Metric Engineering, Inc./Water Main Relocation/West Atlantic Avenue. The Commission is to consider acceptance of the proposal received from Metric Engineering, Inc., County Consultant, in the amount of $30,688.42 for water main relocation at the E-4 Canal and West Atlantic Avenue. Acceptance is recommended. 8.D. Resolution No. 92-91. Resolution No. 92-91, assessing costs for abatement action necessary to remove 21 junked and/or abandoned vehicles from properties located within the City, is before the Commis- sion for consideration. Approval is recommended. The caption of Resolution No. 92-91 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 92-91 is on file in the official Resolution Book) -3- 12/3/91 8.E. Award of Bids and Contracts. 1. Geotechnical Engineering and Testing Services - Environmen- tal Services - Federal Engineering and Testing Co., in the amount of $57,900 with funding from 1991 Street Reconstruction - $11,580.00/Account No. 225-3162-541-61.17; CBD Alleyway Reconstruction - $11,580.00/Account No. 225-3162-541-61.43; NW Drainage Area Phase IV - $11,850.00/Account No. 448-5411-538-62.11 and S.W. 10th Street Road Widening - $11,580.00/Account No. 225-3162-541-61.17. Assistant City Attorney Ruby recommended that the Commission Approve Items 8.A. and 8.B. of the Consent Agenda as modified with the 1980 General Obligation Bond. Dr. Alperin moved for approval of the Consent Agenda with amendments suggested by Assistant City Attorney Ruby, including Items No. 8.A. and 8.B. as modified with the 1980 G.O. Bond, 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. REGULAR AGENDA 9.AA. Funding for Old School Square, Inc., Theater Project. The Commission is to consider a funding request to complete the renovation of the theater complex. Assistant City Manager Barcinski stated the Commission is requested to consider including the $435,000 in the upcoming Bond Refinancing issue needed to complete the Old School Square theater renovation project. Old School Square is guaranteeing the payment of the debt service back to the City, on a yearly basis, in order that that particular portion of the debt service can be covered. Old School Square is in the process of trying to obtain a commitment from the CRA to assist in underwriting this debt payment to the City. Ultimately, however, it is the City's responsibility to repay the debt since it is the City who is borrowing the funds. The City Manager stated he would like to clarify the fact that this project was bid this past summer, with three pre-selected bidders participating, and he was not aware of this when it was presented to the Commission last week. Mr. Andrews expressed the hope that someone takes a harder look at the construction work summary. Mr. Mouw moved that the City authorize staff to add $435,000 to the proposed refinancing of the Bond Issues in order to lend it to Old School Square, providing that the CRA agrees to fund, in part, the debt service, including the review of bids, 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. -4- 12/3/91 9.A. Resolution No. 97-91. Resolution No. 97-91, authorizing the refunding of the 1985 General Obligation Bond Issue, is before the Commission for consideration. Approval is recommended. The City Manager presented Resolution No. 97-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $6,500,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1991, OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING THE FORM AND TERMS OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM A TAX ON ALL TAXABLE PROPERTY IN DELRAY BEACH; PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER MATTERS DEEMED NECESSARY AND PROPER IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 97-91 is on file in the official Resolution Book) Steve Sanford, representing Mudge Rose, Bond Counsel to the City, stated Resolution No. 97-91 authorizes the issuance of up to $6,500,000 of General Obligation Refunding Bonds to refund either the 1980 GO Bonds and the 1985 GO Bonds or both series, depending on the total amount of savings the City can realize from refunding one or both. Dr. Alperin moved for the adoption of Resolution No. 97-91, to include the 1980 GO Bond, as well as the 1985 GO Bond Issue, 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. Resolution No. 98-91. Resolution No. 98-91, authorizing the refunding of the 1967, 1978 and 1987 Utility Tax Revenue Bond Issues and the 1989 Utility Tax Note, is before the Commission for consideration. Approval is recommended. The City Manager presented Resolution No. 98-91: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE FROM TIME TO TIME OF CITY OF DELRAY BEACH, FLORIDA UTILITIES TAX REVENUE BONDS FOR PURPOSE OF FINANCING AND REFINANCING MUNICIPAL PROJECTS AND IMPROVEMENTS PERMITTED UNDER APPLICABLE LAW; AUTHORIZING THE ISSUANCE OF THE FIRST SERIES OF NOT EXCEEDING IN INITIAL AGGREGATE AMOUNT OF $20,000,000 UTILITIES TAX REVENUE REFUNDING AND IMPROVE- MENT BONDS, SERIES 1991, OF THE CITY OF DELRAY BEACH, FLORIDA, TO REFUND THE CITY'S OUTSTANDING UTILITIES TAX REVENUE CERTIFICATES, SERIES 1967, ITS OUTSTANDING UTILITIES TAX REVENUE CERTIFICATES, SERIES 1978, ITS OUTSTANDING UTILITIES TAX REVENUE BONDS, SERIES 1987, AND -5- 12/3/91 ITS OUTSTANDING UTILITIES TAX REVENUE NOTES, SUBORDINATED SERIES 1989, AND TO FINANCE THE COST OF LANDSCAPING, IRRIGATION, PLANTING AND CURBING OF ROADWAYS, RENOVATION TO CITY-OWNED FACILITIES, ROADWAY ACQUISITION AND CON- STRUCTION, THE ACQUISITION AND CONSTRUCTION OF PARK AND RECREATION FACILITIES, THE ACQUISITION AND/OR RENOVATION OF CITY-OWNED TENNIS FACILITIES, AND THE RENOVATION AND REHABILITATION OF ALL OR A PORTION OF OLD SCHOOL SQUARE; PROVIDING FOR THE TERMS FOR ALL UTILITIES TAX REVENUE BONDS ISSUED HEREUNDER, PROVIDING FOR THE RIGHTS, SECURI- TY AND REMEDIES OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH' PROVID- ING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 98-91 is on file in the official Resolution Book) Mr. Sanford explained that the difference between this resolu- tion and Resolution No. 97-91, is that this resolution is one the City is relying on to go forward, not only to issue the bonds now, but also, it has more liberal covenants and can be used going into the future for any additional series of bonds that the City would like to issue and secure with the proceeds from the Utility Tax. Mr. Randolph moved for the adoption of Resolution No. 98-91, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Upon question by the City Manager, Mr. Sanford advised that the resolution has been amended to reflect a change in language "not to exceed $20,000,000" as opposed to the former $15,000,000 figure. At this point, the time being 7:00 P.M., the Commission moved to the Public Hearings portion of the agenda. PUBLIC HEARINGS 10.AA.(12.A.) Ordinance No. 90-91. Ordinance No. 90-91, rezoning the Lakeview Golf Course property from R-1AA and R-1AA-B (Single Family Residential) zoning districts to OS (Open Space) zoning district, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 14, 1992. Approval is recommended. The City Manager presented Ordinance No. 90-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT AND R-1AA-B (SINGLE FAMILY RESIDENTIAL) DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND LYING AND BEING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 -6- 12/3/91 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Assistant City Attorney Ruby stated this ordinance is on the agenda as a First Reading, but it is recommended that this not be acted on at this time in order that the procedural requirements of the City Code of Ordinances can be met, regarding notices and public hearings before the Planning and Zoning Board, as to this particular rezoning issue. Dr. Alperin stated he, too, is eager to learn the action of the Planning and Zoning Board on this issue; however, he questioned if it would be possible for the Commission to send three possibilities to be reviewed by the P&Z Board and for staff to investigate. One idea was the possibility of the first right of refusal coming to the City, should the property be sold or considered for development. Mayor Lynch re- sponded that, when he met with the owners of the golf course, they had agreed at that time to three first rights of refusal, one being to the resident owners around them, one to the City and one to the County. Dr. Alperin agreed and felt this is one issue that should be looked into. Another idea was the possibility of an outright purchase. He questioned if it is feasible that the purchase of the golf course could pay for itself and perhaps the City could own a second golf course. The third idea was that, should the right of development by the owners of the property be taken away, is there a possibility of giving them alternate development rights so they may utilize or sell other properties in order to protect this property as open space and allow them to retain their investment to use in another area. The Commission concurred in giving direction to staff to look into these ideas. David Kovacs, Planning Director, stated this item has been before the P&Z Board and it was advertised for Public Hearing for Land Use and Zoning. There was no separate action taken on the rezoning. The Land Use Plan says it is open space and the only zonings available are CF (Community Facilities) and OS (Open Space). The P&Z Board has no leeway except to recommend on the zoning application approval. He further questioned if the Commission desires those three potentials reviewed and allowed an opportunity to examine the analysis and staff report before a rezoning is initiated. It is his feeling that they do not relate to the ordinance before the Commission at this time. Proper- ty is not rezoned with the right of first refusal. Discussion followed. Mr. Kovacs stated he would submit an estimated analysis relat- ing to the transfer development rights sometime in January. -7- 12/3/91 Dr. Alperin moved to postpone Ordinance No. 90-91 to January 14, 1992, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 10.A. 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.W. 7th and 8th Streets from R-lA (Single Family Dwelling) zoning district to CF (Community Facili- ties) zoning district and correcting the Official Zoning Map, is before the Commission for consideration on Second and FINAL Reading. Approval is recommended. 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. At this time Mr. Mouw left the Commission chambers. 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. (Copy of Ordinance No. 84-91 is on file in the official Ordi- nance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 84-91 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.B. Ordinance No. 81-91. Ordinance No. 81-91, amending the Land Development Regulations to provide for a reduction in the amount of ground cover required for single family and duplex lots and redefining the basis for calculating ground cover requirements on commercial properties, is before the Commission for consideration on Second and FINAL Reading. Approval is recommended. Prior to consideration of -8- 12/3/91 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. 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. (Copy of Ordinance No. 81-91 is on file in the official Ordi- nance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 81-91 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 0 vote. 10.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 Second and FINAL Reading. Approval is recommended. 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. 83-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TITLE 9, "GENERAL REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER 98, "LITTER", BY ENACTING A NEW SECTION 98.30, "WASTE TIRE DUMPING", TO PROVIDE FOR LICENSING, RULES AND REGULATIONS REGARDING WASTE TIRE COLLECTORS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -9- 12/3/91 (Copy of Ordinance No. 83-91 is on file in the official Ordi- nance Book) At this time Mr. Mouw returned to the Commission chambers. Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 83-91 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 - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.D. Ordinance No. 67-91. Ordinance No. 67-91, amending Section 52.51 (A) of the Code of Ordinances to provide for a reduction in the penalty charged for late payment for utility services, is before the Commission for consideration on Second and FINAL Reading. Approval is recommended. 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. 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; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 67-91 is on file in the official Ordi- nance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 67-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -10- 12/3/91 10.E. 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 dwelling) zoning district to CF (Community Facilities) zoning district, and correcting the Official Zoning Map. Approval is recommended. 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. 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. (Copy of Ordinance No. 86-91 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. 86-91 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. ll.A.1. The City Manager stated Mrs. Feldman has informed the City of the information she learned from the County regarding the street lights on Military Trail. He has been in contact with Florida Power and Light and they tell him that they are running behind in the engineering for street lighting and they will provide him with a revised schedule tomorrow. He also has submitted a letter to County Commissioner Carole Phillips regarding the south end of Military Trail to the L-38 Canal to learn if lights for that section have been requested. If this is so, he would like a copy of the schedule; if not, he would like to request lights for that section, also. -11- 12/3/91 ll.A.2. The City Manager stated Mr. Jackel had expressed concern about the Haitian exodus and the potential impact on Delray Beach. He then presented the Mayor with letters for signing, to the Congressional delegation expressing the concern of the City and requesting assistance in helping with any disproportionate impact that the City may experience. ll.A.3. The City Manager stated that Mr. Jackel made comments with regard to the City's efforts in the area of providing decent housing for people in the Community. During the past few years, the City has received about $2.8 million in Community Block Grant funds to improve the Community Development target area and $1,385,000 has been spent in that area for rehabilitation of 80 homes. The City also has an emergen- cy repair program to supplement the rehab program to repair faulty electric wiring, unsafe roofs and sub-standard plumbing. The City has also been involved in the Allamanda Gardens project, a 36 unit single family development. In addition to this, the City has participated in the Department of Housing Urban development rental rehabilitation program and the Auburn Trace Development. ll.B.1. Jean Beer, 945 Tropic Boulevard, questioned if the CRA has repaid the City for money owed. ll.B.2. Ms. Beer also stated there is a problem in Tropic Isle with a resident who would like to install a dolphin piling and the engineer has asked the association for endorsement, but has not applied for a permit from the City for a waiver. She requested that everyone on that canal be notified before he comes before the Commission for a waiver. ll.B.3. Ms. Beer commented that there are two persons who would like to speak on the Neighborhood Task Team Item on the Regular Agenda tonight. ll.B.4. Mary Lou Jamison, past President of Del Ida Neighborhood Park Association, reported that the 8th Street Circle will be finished within 60 to 80 days, including landscaping, and she thanked everyone for their help over the past four years. ll.B.5. Vi Hinchliffe, 1112 N.W. 4th Avenue, commented that she would like to inform the Commission about a house on her street, at the N.W. corner of 12th and 4th that needs to have something done. She has informed Code Enforcement of this, but it seems to be taking a very long time. At this time the Commission returned to the Regular Agenda. 9.C. Expansion of Membership and Scope of Responsibility of the Neighborhoods Task Team. The Commission is to consider expanding the membership and scope of responsibility of the Neighborhoods Task Team to include the review and analysis of specific recommendations to amend the Code of Ordinances for specific Code Enforcement activities. Approval is recommended. Lula Butler, Director of Community Improvement, stated the City is now in a position to consider ordinances or amendments to the Code of Ordinances that will have a City-wide impact and, she feels it would be -12- 12/3/91 appropriate for the Task Team to serve the community in the capacity of a citizens review process, but recommends broad representation from all parts of the City. Upon question, it was Ms. Butler's opinion that input is needed from the CRA and the Chamber of Commerce. Jean Beer reiterated that the President's Council List includes nearly every homeowner's group throughout the City and it was her suggestion that all of those groups be invited. Joan Peart, 107 N.W. 9th Street, questioned if meetings will continue to be held quarterly to ensure that progress is underway according to the vote that was made. She agreed that representation is needed from the entire City. She also questioned if a list of recommen- dations would be welcomed by the Code Enforcement Department from some of the Neighborhood associations. The consensus of the Commission was to direct staff that the Task Team be expanded, possibly deleting some of the members that did not participate on a regular basis, to include the additional neighbor- hoods that were not previously included and appoint more people from the business community, in addition to advertising through the Neighborhood Associations for vacancies and through a one-line notice in the news- paper. Upon question by Assistant City Attorney Ruby, Mayor Lynch stated he would like to see the expanding resolution brought back on December 10th with the appointments to be scheduled for January, 1992, to allow time for advertising. 9.D. Additional Scope of Services/Williams, Hatfield and Stoner/- Pineapple Grove Project. The Commission is to consider approval of an increase in the contract amount to Williams, Hatfield and Stoner, in the amount of $7,201.00 to modify engineering plans to provide for a posi- tive drainage system for Pineapple Grove Project. Approval is recom- mended. Mr. Andrews moved for approval of an increase, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Mouw commented that he feels 2nd Avenue is currently a disaster with the east side curved and the sidewalk torn up in places, etc., and now the City is into street drainage. It would appear from the background notes that a substantial sum of money is going to be required to accomplish this drainage. There is a problem in the turning radius on the corner and he would like staff and the Engineering Depart- ment to take a critical look at the design to make sure traffic is not impeded. -13- 12/3/91 Upon question, the City 'Manager responded that when this project was initially designed, the trees were in the sidewalk area and the Commission directed that those be removed and placed in the street. At that time, there was an attempt to solve the drainage problem, but it did not work. At this time the roll was called to the motion. 9.E. County Commission District Boundaries. The Commission is to consider which set of proposed County Commission district boundaries would be most appropriate for Delray Beach. Mary McCarty, Palm Beach County Commissioner, stated the County Commission discussed this issue today and determined that Maps B and C do not meet the Voting Rights Act in a manner which is considered by the consultant as a defensible manner. Map A does meet that; however, no one really likes Map A, so the consultant was directed to go back and redraw a couple of options that are legally defensible in the minds of the consultants that were hired on the Voting Rights Act. She and Commissioner Phillips agreed conceptually on Map B, as it applies to Districts 4 and 5. Commissioner McCarty continued by stating one of the directions to be looked at is District 7 on Map B. One suggestion is to bring that District further south to Linton Boulevard, thus meeting the Voting Rights Act, resulting in three Commissioners in Delray Beach and possi- bly four. Jerry Marshall stated his feeling is that it would be wise to get one Commissioner who would represent the bulk of the City, as opposed to three. The consensus of the Commission was to request no more than two representatives for Delray Beach. 9.F. Resolution No. 95-91. Resolution No. 95-91, authorizing execution of railroad crossing agreements and other related agreements which transfer maintenance responsibility from the State to the City for the Florida East Coast Railway, is before the Commission for considera- tion. ApproVal is recommended. The City Manager presented Resolution No. 95-91: A RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSS- ING AGREEMENTS AND OTHER RELATED AGREEMENTS PROVIDING FOR SUBSTITUTION OF THE CITY OF DELRAY BEACH AS A PARTY TO THE AGREEMENTS IN PLACE OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, OR ITS PREDECES- SORS, AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 95-91 is on file in the official Resolution Book) -14- 12/3/91 Mr. Mouw moved for the adoption of Resolution No. 95-91, seconded by Mr. Randolph. 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. 9.G. Resolution No. 96-91. Resolution No. 96-91, authorizing execution of a railroad reimbursement agreement for the construction of railroad grade crossings, installation of traffic control devices and future maintenance and adjustment of devices at the crossing at S.E. 10th Street, is before the Commission for consideration. The City Manager presented Resolution No. 96-91: A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIM- BURSEMENT AGREEMENT FOR THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR RAILROAD GRADE CROSSINGS, AND FUTURE MAINTENANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLU- TION SHALL TAKE EFFECT. (Copy of Resolution No. 96-91 is on file in the official Resolution Book) Mr. Randolph moved for the adoption of Resolution No. 96-91, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mayor Lynch stated he feels that vacancies on City Boards should be advertised and that notification should be placed on the bulletin board in the lobby of City Hall and that it should be done as soon as possible. He suggested that the Board Secretary call the particular commissioners who have appointments coming up well in advance to allow more time for consideration. The City Manager commented that he would like to provide a memo to the Commission one month in advance to alert them of a vacancy on a board. 13.A.2. Mayor Lynch stated he attended a Code Enforcement meeting today at Boston's and he noticed a City parking lot that runs north and south on Salina Avenue that holds three cars. If that parking lot could be rearranged to go in an east to west direction, fifteen cars could fit into the lot. He would like someone to look at this and see if this can be designed in some way that 11 more spaces can be added. 13.A.3. Mayor Lynch commented that, along Dixie Highway when the flea market is open on Saturdays and Sundays, there seems to be no enforce- ment of parking regulations. 13.A.4. Mr. Andrews suggested that perhaps an offering could be col- lected, nothing mandatory, to support certain organizations, such as -15- 12/3/91 Alzheimer's, etc., at some of the holiday events that will be taking place. It might possibly bring about an increase in the attendance. 13.C.1. The City Manager stated there has been considerable work done recently on Lift Station #80 and presented the Commission with "before and after" pictures. 13.C.2. The City Manager advised that this Thursday the Legislative Delegation has a hearing with one of the items being the Enclave Annexation Local Bill and a request has been received from Palm Beach County Intergovernmental Affairs that the City support this. He feels it might be of some help in getting the City to clear up some of the remaining enclaves. 13.C.3. The City Manager stated with regard to 850 Bond Way, two public nuisances have been issued and if they are not corrected by the date specified, they will then be turned over to the Code Enforcement Board. Upon question, Ms. Butler responded it has been learned that the proper- ty has been vacated, but the nuisance items will be taken care of. 13.C.4. The City Manager stated, in response to Mr. Andrew's complaint regarding poor lighting at the tennis courts at Pompey Park, the Parks and Recreation Department have the lights and a work order has been issued to work out the problem and get it corrected. Mayor Lynch declared the meeting adjourned at 8:45 P.M. City ~lerk ; ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of Tuesday, December 3, 1991, which minutes were formally approved and adopted by the City Commission on 0~ /~ - J Cit~ C~erk--- ! -16- 12/3/91 NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -17- 12/3/91