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07-24-90· 222 JULY 24, 1990 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 6:00 P.M., Tuesday, July 24, 1990. 1. Roll call showed: Present - Con~nissioner Jay Alperin Commissioner William Andrews Commissioner Mary McCarty 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 James Atchison of Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager requested Item 9.E. be taken off the Agenda and rescheduled for the Commission Meeting of August 14th. Mayor Lynch requested Items 9.C. and 9.0. go together, as they are both in reference to the Golf Course. Mayor Lynch also requested 9.I. not come until after the Public Hearing on Ordinance No. 24-90. Ms. McCarty moved approval of the agenda as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5-. Ms.McCarty moved approval of the Regular Meeting minutes of July 10, 1990 and Special Meeting minutes of July 3, 1990, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. None. 7. ~Presentations. None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Tuition Reimbursement Program. The Commission is to consider approval of a tuition reimbursement program for Firefighters which would reimburse certain costs for courses taken at an accredited college, university or a community college that enhance job 'skills related to fire and rescue service. Approval is recommended. 8.B. Extension of Contract for Legislative Lobbying Services. The Commission is to consider approval of the payment of an additional $1,559 of out-of-pocket expenses and extend the existing contract for legislative lobbying services between the City and McCartney Plante Daley from July 31, 1990 to September 30, 1990 at a cost of $9,000 ($4,000 a month, plus $1,000 for expenses). Funding is available for both items in City Manager Other Professional Services (Account No. 001-1211-512-33.19). Approval is recommended. 8.C. Change Order No. 25. The Commission is to consider approval of Change Order No. 25 in the amount of $15,709 to the Sessoms 'Grice contract for the installation of a fiber optic line and.appurtenances to convert Public Utilities to the System 38 computer and to operate the IBM Token Ring Network System. Funding is available in 1983 Water and Sewer Revenue Bond Uncommitted Balance. Approval is recommended. 8.D. Change Order No. 2. The Commission is to consider approval of Change Order No. 2 to the contract between the City and Data Flow Systems, Inc. in the amount of $132,930 for installation of 30 addition- al Telemetry units in sewage lift stations throughout the City. Funding will be transferred from the 1984 Water and Sewer Revenue Bond Interest Income into Water and Sewer Lift Station Telemetry (441-5162-536-60.36). Approval is recommended. 8.E. Authorization to Apply for Grant Funding. The Commission is to consider authorizing staff to apply for Children's Service Council grant funding in the amount of $2,000 to be used for staff training. Approval is recommended. 8.F. Authorization to Apply for Grant Funding. The Commission is to authorize staff to resubmit an application for a $250,000 planning grant from the Department of Community Affairs in support of our Safe Neigh- borhood Program. Approval is recommended. 8.G. Award of Bids and Contracts. 1. Repair of Manhole - Shadywoods Subdivision - Southern Pipeline in the amount of $15,404.85 to install an eight inch PVC replacement drop connection in existing sanitary manhole on North Arelia Drive with funding transferred from the 1983 Water and Sewer Revenue Bond Uncommitted balance into Water and Sewer - Sewer System Rehab (Account No. 441-5163-536-60.73). 2. Atlantic Avenue Greenway Plan - Community Improvement - Triple A Irrigation (a.k.a. SJS Enterprises) in the amount of $17,151.40 with funding from 1987 Utility Tax Bond Issue/ Greenway Plan - Atlantic Avenue (Account No. 333-2911- 519-33.11). -2- 7/24/90 ....-. O. 0224 3. Map Digitization - Engin%ering - Florida Consulting Engineers in the amount of $15,980 to digitize 68 parcel "base" maps with funding from Contractual Engineering Services (Ac- count No. 001-2911-519-33.11). 4. Demolition of Various Structures - Community Improvement - Cobra Clearing Corporation in the amount of $13,425 with funding from Nuisance Abatement (Account No. 001-0000-115- 25.00). 1029-31 Germantown Road - $2,250 1039 Germantown Road - $2,775 1020 S.W. 9th Avenue - $1,300 1022 S.W. 9th Avenue - $2,650 1024 S.W. 9th Avenue - $1,400 1026 S.W. 9th Avenue - $1,640 1028 S.W. 9th Avenue - $1,400 5. Storm Drain Rehabilitation - Engineering - Gateway Construction Company in the amount of $19,760 for installation of 475 lineal feet of polyethylene liner pipe in drain pipe locations on Hyacinth Drive, Poinsettia Road, and Cypress Drive with funding from General Engineering Streets and Sidewalks (Account No. 001-2911-519-60.63). Dr. Alperin moved approval of the Consent Agenda, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A. Conditional Use and Site Plan Approval. The Commission is to consider a request for conditional use and site plan approval for the proposed expansion of the Holiday Inn Camino Real located on East Atlantic' Avenue and A-1-A. Approval is recommended subject to the following conditions: 1. Paving and drainage plans which address items delineated under the "Technical Items" portion of the staff report be provided. 2. That the entire holdings be replatted and that the accompanying submittal include: - water flowage rates (existing and projected) - sewer flowage rates (existing and projected) - complete drainage plans including plans for the underground parking area expansion - new landscaping plans which provide additional buffering adjacent the tennis course and Andrews Avenue David Kovacs, Planning and Zoning Director, stated this item has been in front of the Planning and Zoning Board for about four (4) months, with most of the issues now resolved. In reply to Mayor Lynch, Mr. Kovacs stated, with regard to parking, that Ocean Properties -3- 7/24/90 received a variance from the Board of Adjustment to reduce the number of parking spaces required by 40-50 spaces. They are providing additional underground parking and they have overflow parking. Employee parking is separated from client parking and will be operating under a Parking Management Plan. In reply to Ms. McCarty, Mr. Kovacs stated a person stopped under the canopy can cut between the canopy and the street which goes directly into the traffic but might be exiting the property. With the. increased amount of traffic there should be no cross movement. It is impossible to get two lanes of traffic between the canopy base and the building. Ms. McCarty moved approval of the Conditional Use and Site Plan, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.B. Resolution No. 70-90. Resolution No. 70-90,. abandoning a portion of Avenue H, lying east of Federal Highway, is before the Commission for consideration. The caption of Resolution No. 70-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF AVENUE "H" LYING EAST OF PREVIOUSLY ABANDONED PORTION OF AVENUE "H". Ms. McCarty moved to table this Item until later into the meeting, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. Modification to Gerecter-Dubin Contract. The Commission is to consider approval of a modification to the contract for interim management services for the Municipal Golf Course with Gerecter and Dubin to delete certain insurance provisions. Approval is recommended. The City Attorney advised the contract executed between the City and Gerecter - Dubin includes insurance provisions requiring them to insure the real property and the automobile policy in addition to general liability and a Workmen's Compensa- tion policy. The Workmen's Compensation policy covers their own employee~, therefore it is for their own protection to have it. The general liability policy indemnifies the City. In reply to Mayor Lynch, the City Attorney advised that the restaurant has a general liability policy that runs to the City as an additional insured and includes dram shop liability. If the restaurant was burned down because of negligence, it would be the City's responsibility to build it back. -4- 7/24/90 Ms. McCarty moved approval of the modification to the Gerecter-Dubin Contract, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.0. Resolution No. 71-90. Resolution No. 71-90, amending the FY 1989-90 Budget by setting a revised line item budget for the Municipal Golf Course, is before the Commission for consideration. The caption of Resolution No. 71-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 69-90 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1989-90, BY INCREASING THE DELRAY GOLF COURSE BUDGET BY $290,960; SETTING FORTH THE ANTICIPATED REVE- NUES AND EXPENDITURES FOR THAT FUND FOR THE FISCAL YEAR 1989-90; TO REPEAL ALL RESOLUTIONS AND ORDINANCES INCON- SISTENT HEREWITH. (Copy of Resolution No. 71-90 is on file in the official Resolution Book) The City Manager stated the City requested Gerecter-Dubin to develop a budget for the balance of this fiscal year, ending September 30, 1990. This is a departmental budget and.there is no commitment to spend what is outlined; it is a spending plan. Mr. Dubin is functioning like a contract department head; also the City has some capital expendi- tures proposed from the Bond Issue. The City Manager stated there are some improvements planned for the restaurant area, but suggests the City not make those improvements unless the restaurant licensees were willing ~o increase their payments back to the City, in order for the City to recoup what was proposed to spend. In reply to Mr. Randolph, Mr. Dubin stated the envisionment is a new signage program. The main sign on West Atlantic will have a new logo once it is approved. Ms. McCarty suggested that the sign show there is a public restaurant there. Mr. Andrews moved for the adoption of Resolution No. 71-90. seconded by Ms. McCarty. Upon roll call the Commission voted as fol- lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 9.B. At this point the Commission returned to Item 9.B. Gerald Church, Engineer, stated the owners of the abutting property feel it would be a beneficial improvement by adding the addi- tional vacated land to their existing property. They feel with the potential of vacating Avenue H it can be redeveloped, become an asset to the City and be added to the tax roll. Once the land is obtained they -5- 7/24/90 can analyze their options and then determine, in their best interests, what can be done with it. William Corta, Enterprise Leasing, stated they are going to do nothing with Lot 14. When the Enterprise owners obtain the abandonment, they will decide whether or not they want to put the cost into it. Mr. Corta reviewed what would be done with the land going south. In reply to Ms. McCarty, Mr. Corta stated Lots 11, 12 and 13 are parking lots and are zoned General Commercial with Dumar being an SAD. Mr. Church stated the intention, as approved by Planning and Zoning, was to go to Lot 14 with a limited access strip along what would be the east side of Lot 14. This would mean there would be no access coming up Avenue H which would preclude any type of development of Avenue H. The extent of the abandonment would go to Lot 14. Mr. Andrews stated there is more than enough commercial in the City and would like to see more residential to the west and less commer- cial to the east. Mr. Andrews moved to deny Resolution No. 70-90, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.D. Waiver to the Landscape Code. The Commission is to consider a request for a waiver of Section 159.30 to reduce the perimeter landscape strip from five feet and 159.31 (A) (2) of the City Code to reduce two landscape islands from five (5) feet for the Kentucky Fried Chicken project on Linton Boulevard. Lula Butler, Director of Community Development, stated the project architect requested the Commission waive three different ele- ments of the Landscape Code on this project. The owner is requesting permission to reduce the landscape islands in three different locations from the five foot requirement to 4 feet in two locations, and 3 feet in another location. He will still have the required space to plant his trees; it will not eliminate any landscaping. The fourth one has to do with relocating a parking space to create an entry feature to the front of the store. To do this he would be relocating a parking space and eliminating a 5 X 18 sodded area which is considered non impacted because there was a 15' landscape area between his property, the parking lot and the adjacent property. Ms. McCarty moved to waive the landscape code, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.E. Maintenance Agreement - Del Aire Medians. The Conm~ission is to consider approval of an agreement whereby the City would assume respon- sibility for maintenance of three medians located on Military Trail -6- 7/24/90 adjacent to the Del Aire development. Approval is recommended contin- gent on the identification of funding. This Item has been postponed until August 14th. 9.F. Response to Florida Housing Finance Agency. The Commission is to consider providing a response to the Florida Housing Finance Agency regarding an application for Low-Income Rental Housing Tax Credits for. The Groves of Delray housing development. David Kovacs stated The Groves is a proposed residential project just west of the Woods of Southridge. Its access will be by an extension of 10th Avenue, north of Linton Blvd. The site plan has been approved and they are now proceeding with a modification of the site plan. With that new site plan, the project proponents have also sought tax credits for projects that are low income housing, for which an application has been submitted with the Florida Housing Finance Associa- tion. On the revised plan, The Groves proposes that Bessie Street be the method of providing access through what is called the Bessie Street Townhomes. Mr. Randolph stated low income housing is not so low when it is completed. These low income groupings are becoming too abundant to the City of Delray Beach and are all bordering on medium to high income. Bob Carroll, President, Woods of Southridge, stated they support the City Commission, but do not support Mr. Haggerty's position. Ms. McCarty moved to have staff draw up a letter for the Mayor's signature outlining the concerns that are in the backup informa- tion as to why the Commission would oppose funding for this project, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS 7 P.M. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Ordinance No. 23-90. Ordinance No. 23-90, a general adminis- trative ordinance establishing general guidelines, for City advisory boards and committees, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 23-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINIS- TRATION'', CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, -7- 7/24/90 "ADVISORY BOARDS AND COMMITTEES"; BY ENACTING A NEW SECTION 32.05 "COMPOSITION OF BOARDS AND COMMITTEES; GENERALLY"; BY ENACTING A NEW SECTION 32.07, "MEMBER- SHIP QUALIFICATIONS/REQUIREMENTS"; BY ENACTING A NEW SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS"; BY ENACTING A NEW SECTION 32.09, "EXPIRATION OF TERMS; COMMENCEMENT OF TERMS"; AND BY ENACTING A NEW SECTION 32.10, "VACANCIES"; ALL TO PROVIDE GENERAL ADMINISTRA- TIVE GUIDELINES FOR ADVISORY BOARDS AND COMMITTEES; PROVIDNG A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 23-90 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 City Attorney advised this ordinance does not have the effect of decomposing the existing boards. The only board specifically effected would be the Education Board. The other boards which will expire August 31, 1990 will be decomposed and reconstituted through the LDR process. The terms of the ordinance calls for two year terms with a maximum of two terms. Jean Beer, 945 Tropic Boulevard, stated the language in the LDR should pertain to residents and people who own property in Delray, or someone who owns and operates a business in the City. She feels a person who manages a business in the City, but does not own it or actively take part in it's operation, will not have the kind of concern for this City that is needed. The public hearing was closed. The City Attorney was directed by Ms. McCarty to delete the words "manage and operate" from Ordinance No. 23-90. Ms. McCarty moved for the adoption of Ordinance No. 23-90, as amended, on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.B. Ordinance No. 24-90. Ordinance No. 24-90, creating the Educa- tion Board as a permanent City Advisory Board, 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. 24-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, -8- 7/24/90 "ADMINISTRATION", CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SUBHEADING, "EDUCATION BOARD"; BY ENACTING A NEW SECTION 32.25, "ESTABLISHMENT"; BY ENACTING A NEW SECTION 32.26, "COMPOSITION; APPOINTMENT; TERMS"; BY ENACTING A NEW SECTION 32.27, "ORGANIZATION"; BY ENACTING A NEW SECTION 32.28, "QUALIFICATIONS OF MEMBERS"; BY ENACTING A NEW SECTION 32.29, "DUTIES AND RESPONSIBILITIES"; AND BY ENACTING A NEW SECTION 32.30, "MEETINGS; REPORTS"; ALL TO PROVIDE FOR THE CREATION OF THE EDUCATION BOARD AS A PERMANENT ADVISO- RY BODY TO THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 24-90 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A publi~ 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. Tom Fleming, 2850 Hampton Circle, stated at the last meeting of the School Board there was conversation about parents of children in Delray Beach schools, as opposed to living in a SAC designated area attending a Delray Beach School. The City Attorney stated if they are going to insert any of the language, he would like a definition of SAC. The public hearing was closed. Ms. McCarty moved for the adoption of Ordinance No. 24-90, 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; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 10.C. Request for Waiver of The City Code. The Commission is to consider holding a public hearing on request from the Sunrise Kiwanis to waive City Code to permit the sale of concessions on the Municipal Beach and a request from the Leukemia Society for waiver to sell alcoholic beverages in the municipal parking lot north of the Holiday Inn during their 14th Annual Beach Festival to be held on August 4, .1990. Prior to consideration of passage of this request, a public hearing has been scheduled to be held at this time. Randee Golder, 462 S.W. 27th Avenue, stated the Kiwanis have been sponsoring the Beach Festival for many years, and in conjunction this year they would like to benefit the Leukemia Society by the sale of beer at the Beach Festival. The Leukemia Society has a lot of experi- ence in doing this sort of thing; the beer will be donated and the money will be going to the Leukemia Society. -9- 7/24/90 0 ©23i The public hearing was closed. Ms. McCarty moved approval of the request for waiver for the sale of concessions on the Municipal Beach, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. At this time, the City Attorney advised if liquor is to be sold, the City would require a Hold Harmless Agreement from the Leukemia Society, along with liquor liability coverage which they currently carry in the amount of $1,000,000 coverage. Alex Washburn, Assistant Director of the Leukemia Society, stated there is a policy in effect of up to $5,000,000 which is granted to the Corporate Office in New York to cover all the special events, including the liquor liability. Dr. Alperin moved to waive any prohibitions against the sale of alcohol in this particular location, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - No; Dr. Alperin - Yes; Mr. Andrews - No. Said motion passed with a 3 to 2 vote. PUBLIC COMMENT ll.A.1. Hal Chambers, 2524 S. Ocean Boulevard, Highland Beach, re- quested a donation from the City Commission of a cemetery plot for Susie Russell, a 107 year old resident of Delray Beach, who recently died. He stated he was the trustee and he had $3,313.64 left in the trust fund, most of which is committed. The vault and casket have been donated. The City Attorney advised the City can donate the lot, but if the City does not have the acquiescence of the Cemetery Management Firm, they would have to be paid their due fee on the lot. The City does not have the right to waive their receipt of 50% of the lot cost. The City Manager stated he could take $350.00 from the General Fund and put it in the Cemetery Fund in order to buy the lot. It was the consensus of the Commission to donate a plot for Susie Russell. ll.A.2. Jean Beer, 945 Tropic Boulevard, commended the Code Enforcement Department for doing a superior job. ll.A.3. Helen Coo~ersmith, 1222 High Point, questioned whether or not she can phone the City to request permission to speak at the meeting. ll.A.4. Arthur Jackel, 784 N.W. 25th Avenue, spoke regarding tax assessments. -10- 7/24/90 O ©"'" 3':' ll.A.5. Kay Larche, 4953 Palm Ridge Boulevard, complimented the City Manager and staff for being available and cooperative when they are needed. ll.A.6. Dan Burns, Seagate Section of Delray, commended the City Commission for denial of Avenue H. He further stated that area is a disgrace to the East Side of Federal Highway. ll.A.7. Alice Finst, 707 Place Tavant, thanked everyone who attended the School Board Meeting of last evening. She feels the City should hire an architect who specializes in the renovation of schools and will work under direction of the City. ll.A.8. Sara Murray, 3582 Lakeview Drive, stated the City has taken over 40 acres of Lakeview golf course to be rezoned for open space. She feels this is confiscating land that was zoned R1-AA. She further feels there is no reason for change and she questioned why this happened. FIRST READINGS 12.A. Ordinance No. 26-90. Ordinance No. 26-90, amending the Code of Ordinances to provide for updated landscape regulations, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 14th. The City Manager presented Ordinance No. 26-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 15, "BUILDING REGULATIONS", BY REPEALING CHAPTER 159, "LANDSCAPING" IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 159, "LANDSCAPING", BY ENACTING A NEW SECTION 159.01, "OBJECTIVE; SCOPE", TO PROVIDE FOR COMPLIANCE WITH THE COMPREHENSIVE PLAN, FOR THE PURPOSE, AND TO PROVIDE MINIMUM STANDARDS; BY ENACTING A NEW SECTION 159.02, "DEFINITIONS", TO PROVIDE FOR PERTINENT DEFINITIONS; BY ENACTING A NEW SECTION 159.03, "APPLICABILITy'', TO PROVIDE THAT THE LANDSCAPING CODE WILL APPLY TO NEW DEVELOPMENT, EXPANDED DEVELOPMENT BEYOND ORIGINAL FOOTPRINT AND TO EXISTING NONRESIDENTIAL PROPERTIES; BY ENACTING A NEW SECTION 159.15, "APPLICATION/- PROCESS'', TO PROVIDE FOR SUBMITTALS OF LANDSCAPE PLANS AND CONTENTS OF LANDSCAPING PLANS; BY ENACTING A NEW SECTION 159.25, "SITE DESIGN STANDARDS", TO PROVIDE FOR WATER CONSERVATION, MINIMUM OPEN SPACE REQUIRE- MENTS, PRESERVATION OF EXISTING PLANT COMMUNITIES, NATIVE SPECIES, SITE SPECIFIC PLANTING MATERIALS, PROHIBITED PLANT SPECIES, AND CONTROLLED PLANT SPE- CIES; BY ENACTING A NEW SECTION 159.26, "LANDSCAPE DESIGN STANDARDS", TO PROVIDE FOR DESIGN CRITERIA, INSTALLATION OF LANDSCAPING, PROHIBITION OF VEHICULAR ENCROACHMENT, QUALITY OF PLANT MATERIALS, TREE NUMBER, SIZE AND SPACING, TO PROVIDE FOR NUMBER, SIZE AND SPACING OF PALMS AND HEDGES, TO PROVIDE SPECIFICATIONS FOR THE PROPER PLANTING OF GRASS, GROUND COVERS, VINES -11- 7/24/90 0230 AND MULCHES, AND TO PROVIDE FOR IRRIGATION STANDARDS; BY ENACTING A NEW SECTION 159.35, "MINIMUM LANDSCAPE REQUIREMENTS", TO PROVIDE MINIMUM LANDSCAPE REQUIRE- MENTS FOR NEW SINGLE FAMILY RESIDENTIAL UNITS, DUPLEX RESIDENTIAL UNITS, NEW MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL UNITS AND EXISTING MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL USES; BY ENACTING A NEW SECTION 159.36, "MINIMUM MAINTENANCE REQUIREMENTS", TO PROVIDE FOR MINIMUM MAINTENANCE REQYUIREMENTS FOR ALL LANDSCAPING FEATURES; BY ENACTING A NEW SECTION 159.37, " SIGHT DISTANCE FOR LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS", TO PROVIDE FOR TECHNICAL COMPLIANCE TO INSURE VISIBILITY; BY ENACTING A NEW SECTION 159.45, "ENFORCEMENT", TO PROVIDE FOR COMPLIANCE AND ENFORCEMENT; BY ENACTING A NEW SECTION 159.46, "PENALTY", TO PROVIDE A TWENTY FIVE DOLLAR A DAY PENALTY FOR EACH DAY A VIOLATION CONTINUES TO EXIST; BY ENACTING A NEW SECTION 159.47, ?APPEALS AUTHORIZED; VARIANCES PROHIBITED", TO PROVIDE FOR APPEALS TO THE CHIEF BUILDING OFFICIAL AND PROHIBITING VARIANCES BY ANY BOARD; BY ENACTING A NEW SECTION 159.48, "ISSUANCE OF CERTIFICATE OF OCCUPANCY", TO PROVIDE FOR ISSUANCE OF CERTIFICATE OF OCCUPANCY AND BONDS IF NECESSARY; BY ENACTING A NEW SECTION 159.49, "MODIFICATION OF REQUIREMENTS", TO PROVIDE FOR A WAIVER PROCESS THROUGH THE CITY COMMISSION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 26-90 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms.McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 28-90. Ordinance No. 28-90, amending the Zoning Code to provide for the creation of an Old School Square Historic Arts District (OSSHAD). If passed, Public Hearing will be held August 14th. The City Manager presented Ordinance No. 28-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ~NACTING A NEW ZONING CLASSIFICATION, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT", PROVIDNG FOR SECTION 173.405, "PURPOSE AND INTENT", SECTION 173.407, "ACCESSORY USES AND STRUCTURES PERMITTED", SECTION 173.408, "CONDITIONAL USES AND STRUCTURES ALLOWED", SECTION 173.409, "REVIEW AND APPROVAL PROCESS", SECTION 173.410, "DEVELOPMENT STANDARDS", SECTION 173.411, "SUPPLEMENTAL DISTRICT REGULATIONS", AND -12- 7/24/90 0 023q SECTION 173.412, "SPECIAL REGULATIONS", ALL PROVIDING FOR THE ESTABLISHMENT OF THE DISTRICT BY SETTING FORTH THE PURPOSE AND INTENT, DELINEATING PRINCIPAL USES AND STRUCTURES PERMITTED, DELINEATING ACCESSORY USES AND STRUCTURES PERMITTED, DELINEATING CONDITIONAL USES AND STRUCTURES ALLOWED, SETTING FORTH THE REVIEW AND APPROVAL PROCESS FOR PROJECTS WITHIN THE DISTRICT, SETTING FORTH DEVELOPMENT STANDARDS FOR THE DISTRICT, AND SETTING FORTH SUPPLEMENTAL DISTRICT REGULATIONS AS WELL AS SPECIAL REGULATIONS FOR THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT; AND BY AMENDING SECTION 173.016, "DISTRICTS ENUMERATED", BY ADDING "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT" AS A ZONING CLASSIFICA- TION WITHIN THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty moved for the adoption of Ordinance No. 28-90 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.C. Ordinance No. 29-90. Ordinance No. 29-90, amending the Code of Ordinances by enacting new subsections "Single Purpose Specialty Retail Sales" and "Specialty Food Stores", is before the Commission for con- sideration on First Reading. If passed, Public Hearing will be held August 14th. The City Manager presented Ordinance No. 29-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XVII, "LAND USAGE", CHAPTER 173, "ZONING CODE", SUBHEADING "GENER- AL PROVISIONS", SECTION 173.001, "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING NEW SUBSECTIONS, "SINGLE PURPOSE SPECIALTY RETAIL SALES" AND "SPECIALTY FOOD STORE", TO PROVIDE FOR THE DEFINITION OF THESE ADDITIONAL USES IN THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDNG 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. 29-90 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; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. -13- 7/24/90 12.D. Ordinance No. 30-90. Ordinance No. 30-90, rezoni~g: all of Blocks 57, 58, 59, 65, 66, and 67; Block 60, Lots 1-4 and 7-10; Block 74, Lots 1-12; and Block 75, Lots 1-6 from RO to OSSHAD. Block 50, Lots 5, 6, 11, and 12 from POC via RO to OSSHAD. Block 61, Lots 5-16 and Block 69, Lots 8-24 from GC to OSSHAD. Block 62 from RM-6 to OSSHAD. Block 70 from RM-10 to OSSHAD. Block 68, Old School Square from CBD to OSSHAD. Block 60, Lots 13-15; Block 61, Lots 1-4; Block 69, Lot 7; and Block 75, Lots 7 and 8 from GC to CBD via OSSHAD. Block 69, Lots 1-6; and Block 76, Lots 1-6 from CBD to CBD via OSSHAD, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held August 14th. The City Manager presented Ordinance No. 30-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RO (RESIDENTIAL OFFICE) DISTRICT, IN PART, GC (GENERAL COMMERCIAL) DISTRICT, IN PART, RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, AND CBD (CENTRAL BUSINESS DISTRICT), IN PART, IN THE OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS) DISTRICT; SAID LAND CONSISTING OF TWO HUNDRED SIX (206) PARCELS, ALL LYING WITHIN SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; SAID LAND BEING LOCATED IN GENERAL BETWEEN S.W./S.E. 2ND STREET ON THE SOUTH, LAKE IDA ROAD/N.E. 4TH STREET ON THE NORTH, S.W./N.W. 1ST AVENUE ON THE WEST, AND BY S.E./N.E. 1ST AVENUE ON THE EAST, EXCEPT FOR THOSE LOTS WITHIN BLOCKS 74, 75 AND 76, TOWN OF DELRAY, LYING ON THE EAST SIDE OF NORTHEAST 1ST AVENUE; AND MENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Reverend. Elijah Weathers~oon, 209 S.W. 2nd Street, requested clarification and purpose of rezoning to the new district. What does this designation mean to the Old School District. The City Attorney stated the best thing would be to provide Reverend Weatherspoon with a copy of the ordinance and allow him to review it with David Kovacs prior to second reading.. Dr. Alperin moved for the adoption of Ordinance No. 30-90 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. ~cCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.E. Ordinance No. 31-90. Ordinance No. 31-90, rezoning property in Block 20, Town of Delray from GC (General Commercial) District and R-1-A (Single Family Dwelling) District to CF (Community Facilities) District to accommodate the proposed relocation of Fire Station No. 1, is before -14- 7/24/90 the Commission for consideration on First Reading. If passed, Public Hearing will be held August 14th. The City'Manager presented Ordinance No. 31-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF BLOCK 20, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LAND BEING LOCATED ON THE NORTH SIDE OF ATLANTIC AVENUE, BETWEEN NORTHWEST 5TH AVENUE AND NORTHWEST 6TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Leketia Dozier, Esq., Coral Springs, representing Alice Jones Robinson who jointly owns Lots 5 and 21 of Block 20, questioned how long before the City will acquire Ms. Jones property, and also if the City will compensate at the present fair market value, before rezoning, or if it will be compensated at the lower value. The City Attorney advised the property should be acquired before the rezoning is done. The rezoning process has been done to work out the site plan issues, but in conjunction with this, and hope- fully prior to the actual passage of the rezoning, the public hearing can be done, delaying the implementation of the actual rezoning. The City will acquire only the property absolutely needed, and in order to acquire the property, the City will have to identify a funding source and do a Resolution of Taking. Upon question by Mr. Randolph, the City Attorney advised should tke seller not sell outright, a Resolution of Taking can be on the next agenda. In order to start discussions, funds should be available. If the City cannot reach agreement, a Quicktake can be done which will give the City the title of the property within 60-75 days. The option of Regular Take is a longer process. Mr. Randolph moved for the adoption of Ordinance No. 31-90 on First Reading, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote~ 12.F. Ordinance No. 32-90. Ordinance No. 32-90, amending the Code of ordinances to provide for an increase in the gas franchise fee with an effective date of September 1, 1990, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held August 14th. -15- 7/24/90 The City Manager presented Ordinance No. 32-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO THE RENEWAL OF A GAS FRANCHISE WITHIN THE CITY; GRANTING TO FLORIDA PUBLIC UTILITIES COMPANY, ITS SUCCESSORS AND ASSIGNS A GAS FRANCHISE; IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. ~ The City Attorney read the caption of the ordinance. The City Attorney advised passing this ordinance as is, will resolve the remaining differences, which are changing from 5% to 6% with commercial included, and then bring it back to the Commission within two weeks before. Second Reading. Dr. Alperin moved for the adoption of Ordinance No. 32-90 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.G. Offer to Settle Nuisance Abatement Assessment. The Commission is to consider an offer in the amount of $200 to settle a nuisance abatement assessment in the amount of $510 for the removal of trash and debris on property at 258 S.E. 6th Avenue. Approval is recommended. Leon Searles, Boynton Beach, and Leonard Searles, 3618 2nd Court, Boynton Beach, stated this is a vacant lot and people consistent- ly dump trash and debris on it. As the weeds and debris pile up the City notifies them and it is cleaned up ir~ediately. Dr. Alperin stated the Searles should have a maintenance program to take care of that lot so the City doesn't have to con- tinuously go there and inform them to clean it up. Mr. Searles stated they thought this was the way the City wanted it handled, but now being so informed of the way it should be properly handled they will take care of it. Upon question by Dr. Alperin, Lula Butler stated the Searles have been notified numerous times to clean this lot. ~ayor Lynch stated he would normally deny it because of the the many previous notices, but hopefully in the future the Searles will have a program set up and the City will not have to send them notices. Mr. Randolph stated there is a big problem in the City with renegade dumping. It is impossible to stop it, but he feels it is not fair for property owners to have garbage dumped on their property. -16- 7/24/90 235 Dr. Alperin moved to accept settlement in the amount of $200 for the nuisance abatement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said'motion passed with a 5 to 0 vote. 9.H. Design Plans for West Atlantic Avenue Improvements. The Commission is to review design plans for improvements on West Atlantic Avenue from Congress Avenue to Military Trail. David Kovacs stated the City Horticulturlist contacted the County in order to review the City's landscaping considerations, and the City will be paying for landscaping work that will be done ~concurrent with Atlantic Avenue. More recently, Kathy Dearden and the Engineering Department have done the preliminary design plans and construction work is going to begin. The Planning and Zoning Board has recommended some changes be done. Ms. McCarty stated she feels there is not a tremendous need to widen Lake Ida Road this quickly without assessing the impact of widen- ing Atlantic Avenue first. Mayor Lynch stated that someday in the future this has to be done, but it is not a priority at this stage. At this point he would rather see what the benefits will be on Atlantic Avenue and then reeval- uate, without losing the potential of having Lake Ida Road on the east side of Congress Avenue widened. Mayor Lynch stated that David Kovacs and the City Manager should discuss this issue with the County to evaluate their plans. If the County is willing to negotiate, the City would like to pursue the widening of Lake Ida Road east of Congress, but until the Atlantic Avenue project is complete, improvements to Lake Ida Road west of Congress should be put on hold. It was the further consensus of the Commission to eliminate a sidewalk along the Municipal Golf Course property on Atlantic Avenue. There is one on the north side of Atlantic Avenue which will be improved. Ms. McCarty moved approval of the comments as discussed for the design plans for West Atlantic Avenue, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. ~Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 9.I. Appointment of Members to the Education Board. The Commission is to consider appointments of members to the Education Board. Ms. McCarty moved for the appointment of Tom Fleming for a one (1) year term, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for the appointment of Loren Sheffer for a two (2) year term, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. -17- 7/24/90 Alperin - Yes; Ms. McCarty - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews moved for the appointment of Robert French for a two (2) year term, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved for the appointment of Carolyn L. Young for a two (2) year term, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch recommended Steven Raciti for the Education Board. Dr. Alperin moved for the appointment of Steven Raciti for a two (2) year term, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarty moved for the appointment of Lillie Parker for a one (1) year term, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for the appointment of Beth Mulholland for a one (1) year term, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.J. Appointment of a Member to The Delray Beach Housing Authority. The Commission is to consider Seat 2 informal recommendation of a member to fill the expired term of Jeanette Slavin to a term ending July 14, 1994. Mayor Lynch recommended Rick Mouw, one of the principals of Mouw and Associates who has a good construction background. He feels Rick would be an asset to the Board. Ms. McCarty moved for the appointment of Rick Mouw, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. RandoLph - Yes. Said motion passed with a 5 to 0 vote. 9.K. Appointment of Members to The Neighborhoods Task Force. The Commission is to consider appointment of the members to fill the balance of the Neighborhoods Task Force memberships. Ms. McCarty requested the Commission to allow this appointment to be an appointee of the WAPOA Group to designate a representative from -18- 7/24/90 ~:J their group since it is the core area that they were organized to represent. This appointment will be from Area B (one block either side of AtlAntic Avenue between 1-95 and Swinton). Ms. McCarty recommended the appointment of Deanna Hartman for Area O, the east portion of the original Woods of Southridge and area south. Dr. Alperin made no appointment at this time. Mr. Randolph recommended Veronica Bowleg of Carver Estates and Dorothy Sutton from Area C. Mr. Andrews recommended Frank McKinney from the Pineapple Grove area. Mayor Lynch recommended Dr. Jim Barrett for Area D, between Federal Highway and the Intracoastal; and, for Area N, Country Club Acres he recommended Tim Riggs. Ms. McCarty moved to formally appoint the members that have been designated in weeks gone by to this Task Force, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mayor Lynch requested knowledge of when the first meeting will be as he would like to attend. 9.L. Expenditure from Law Enforcement Trust Account. The Commission is to authorize expenditure in the amount of $6,000 from the Law En- forcement Trust Account to purchase basketball hoops and related equip- ment to be installed in various church parking lots throughout the City. Mr. Andrews moved approval of the expenditure from the Law Enforcement Trust Account, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 9.M. Expenditures from Public Safety Facility Bond Issue. The Commission is to consider authorizing expenditures in the amount of $24,750 from the Public Safety Facility Bond to purchase a Veeder Root TLS-250 Tank Gauge System to monitor the gasoline fuel system at the Police Department; AT&T System 75, Audix-VP System Software which would increase the power, speed, and efficiency of the phone system; and Sallyport Gates sensors to further control the raising and lowering of the Sallygport Gates. Funding is available in Public Safety Facility Bond (Account 338-0000-271-00.00). Mr. Andrews questioned how many police vehicles have been damaged by gates closing down on their light bars. In reply, Chief Kilgore stated there have been a few because the gate is being con- trolled from the dispatch center upstairs. This request will improve the system to prevent any damage in the future. -19- 7/24/90 024i In addressing the City Manager, Chief Kilgore stated since his last memo came out, in which the last paragraph states "it (the Public Safety Facility Bond) can be closed out", there have been problems with monitoring wells around the gas fuel tanks and there may be some money needed to correct that. Mr. Andrews moved approval of expenditures from Public Safety Facility Bond Issue, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.N. Waiver of Bid Requirements and Award of Contract. The Commis- sion is to consider waiving bid requirements for professional liability insurance and award contracts in the amount of $13,000 for the Historic Preservation Design Guidelines Manual to Clemmer Mayhew with funding from Planning and Zoning Comprehensive Planning Contractual Consulting (Accounting No. 001-2511-515-33.15) and matching grant funding. Ms. McCarty moved approval of bid requirements and award of contract, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.P. Outbuildings in Shopping Centers. The Commission is to provide direction regarding architectural compatibility between an outbuilding and the major structures in a shopping center. David Kovacs stated he feels outbuildings should be outwardly compatible with the major center, which means color, materials and architectural style. If the CAB feels the proposal is not a compatible style, but it is enhancement which doesn't detract from the center, then they make findings to that point. As exists today, they are the ones who approve or deny elevations. Ms. McCarty stated that if the outbuilding was not compatible in' style or color the CAB should make a recommendation and the Commis- sion have the final say on it. She feels the Commission should have the opportunity to look at it, with the recommendation of the CAB. Dr. Alperin stated he disapproves of outbuildings and out- parcels, and feels it should not have come to the point of needing two architectural plans to consider. He feels the CAB should have the power to approve whether or not it is compatible, and if they cannot do so, then it will be up to the City Commission to make that decision. It was the consensus of the Commission that the CAB should make the finding of compatibility regarding color, materials and style of architectural design. If it is not compatible the CAB does not have the authority to grant an exception to that guideline; they can make a recommendation to the Commission or deny the findings and appeal it to the City Commission. -20- 7/24/90 13.A.1. Mr. Randolph stated he will attend Ms. Russell's funeral on Saturday and would like to have a proclamation drawn up to present on behalf of the City. Mayor Lynch directed the City Clerk to draw up a proclamation for Mr. Randolph to present. 13.A.2. Mr. Andrews discussed establishing certain levels for archi- tectural planning and felt the Planning Board should be restricted to larger projects (i.e., seven acre threshold). 13.A.3. Dr. Alperin stated that in the future when there is a Change Order or new project, and funds are being transferred to cover various accounts, he would like to see where those accounts are, why.the project is compatible, what is left in the fund and what the original amount wa s. 13.A.4. Dr. Alperin stated several people from Pines North have ap- proached him questioning when the planting is finally going to happen on North Congress. 13.A.5. Dr. Alperin gave a synopsis of the Education Board Meeting. The bottom line was that the tone was very negative, and he suggested a joint meeting with the Board. He requested the City staff prepare their concerns and give full participation. This will be postponed until August 15. 13.A.6. Mayor Lynch stated he received a letter from Mr. Blatt, stating the palms on Linton Boulevard (Shadywoods) are dead and feels the City should remove them. Mayor Lynch stated they should be taken out and replaced. Mayor Lynch directed the City Manager to check into this situation. 13.A.7. Mayor Lynch stated Boca Raton has continued their water re- strictions and questioned whether Delray should also continue. The City Manager stated he would look into this matter. 13.A.8. Mayor Lynch requested an agenda cutoff date. He would like to have a complete package by the weekend so he can have time to review the contents. The City Manager stated it was in the process of being worked on. There is a deadline cutoff for 5:00 P.M. on Wednesday, and he will try to reinforce this. 13.A.9. Mayor Lynch stated the ordinance passed for the Education Board stated they must meet on Monday. It seems the boards should have the prerogative of picking their own time so long as it is within a guide- line of not affecting other boards. 13.B.1. The City Manager requested direction on police and fire pen- sions. -21- 7/24/90 Mayor Lynch commented that they should await an opinion from the Insurance Commission with regard to setting a certain date for cutoff. If this is not settled by the middle of August, the Commission will handle it themselves. 13.B.2. The City Manager stated a businessman in the community brought to his attention a City requirement that parking spaces be separated by double lines, with a rounded connection on the end. He has inquired into this and found no ordinance or regulation except for handicapped spaces. Somewhere along the line, an administrative decision had been made that in order for all the parking lot lines to look alike, regular parking spaces should be striped the sames as handicapped. Unless there is an objection from the Commission, he will direct staff to no longer require this design standard for regular parking spaces. 13.B.3. The City Manager stated he is trying, in the budget process, to get all of the costs for operating a department into that department's budget. He has discovered that all of the telephone calls were in the City Hall budget; therefore, he directed they'be removed and be put in the departmental budgets. 13.C.1. There were no Non-Agenda items by the City Attorney. Mayor Lynch declared the meeting adjourned at 10:00 P.M. City Clerk J / 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 July 24, 1990, which minutes were formally approved and adopted by the City Commission on~/',~_~ /~, /~ City Cler~ / 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. -22- 7/24/90