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08-28-90 AUGUST 28, 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 6:10 P.M., Tuesday, August 28, 1990. 1. Roll call showed: Present - Commissioner 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 Charles Carrin, Grace Fellowship Church, Boynton Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Ms. McCarty requested Items of Board Appointments be moved to the beginning of the Regular Agenda in the order of Items 9L, 9J, 9K, 9H, and 9I. Assistant City Attorney Susan Ruby requested the Proclama- tion for a Referendum Election be read after Item 10F, making the Proclamation 10.F.1. The City Manager requested 10H be deferred until the next meeting and Item 10J be withdrawn. Dr. Alperin moved to approve the agenda as amended, seconded by Mr. Andrews. 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. Mr. Randolph moved to approve the minutes of August 14, 1990, 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. 6. Proclamations: Vice-Mayor McCarty read and presented a proclamation proclaim- ing the week of September 16-22, 1990 as "Emergency Medical Services Week". Mr. Kerry Koen, City of Delray Beach Fire Chief, came forward to accept the proclamation. 7. Presentations. None. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Contract Renewal - Departmental Medical Director. The Commis- sion is to consider approval of a contract renewal for Dr. Joseph Yates as Departmental Medical Director for the Fire Department for a one year period from October 1, 1990 to September 30, 1991. Approval is recom- mended. 8.B. Contract Renewal - After School Program Coordinator. The Commission is to consider approval of a contract renewal for Carolyn Parker from October 1, 1990 to September 30, 1991 as Program Coordinator for the Afterschool Program at Carver Middle School, Pompey Park and the Civic Center. Approval is recommended. 8.C. Gymnastic Instruction - Afterschool Program. The Commission is to consider approval of an agreement with Boca Academy of Gymnastics to provide gymnastic instruction to the participants in our Afterschool Program in the approximate amount of $5,720 with funding from Children's Service Council Grant (Account No. 001-4105-572-34.11). Approval is recommended. 8.D. Amendment No. 1 to the Contract Between the City and Waste Management. The Commission is to consider approval of an amendment to the contract with Waste Management which provides the mechanism to furnish payment to them for those properties which were annexed into the City prior to October 1, 1989 and those properties which were not previously billed. Approval is recommended. 8.E. Change Order No. 1. The Commission is to consider approval of Change Order No. 1 to the Post, Buckley, Schuh and Jernigan contract in the amount of $10,100 for additional geotechnical services required for the Water Main Subaqueous Crossing (Intracoastal Water Line Project). Funding is available in Water and Sewer Transmission Storage Fees/ Intracoastal Crossing (Account No. 441-5181-536-69.03). Approval is recommended. 8.F. Request for Final Payment. The Commission is to consider approval of final payment to Hardrives, Inc. in the amount of $13,840.55 for completion of pavement restoration at N.E. 4th Avenue with funding from N.E. 4th Street Waterline Extension (Account No. 441-5123-536- 64.21). Approval is recommended. 8.G. Request for Waiver. The Commission is to consider a request for waiver of the City Code to reduce the required interior road at the Miller Tank and Booster Station from 24 feet to 15 feet. Approval is recommended. 8.H. Acceptance of Community Development Block Grant Final 1990-91 Statement of Objectives. The Commission is to consider acceptance of a final statement of objectives and list of expenditures of CDBG funds for fiscal year 1990-91. Approval is recommended. 8.I. Resolution No. 75-90. Resolution No. 75-90, assessing costs for abatement action required to remove junked vehicles on five -2 8/28/90 properties located within the City, is before the Commission for consid- eration. The caption of Resolution No. 75-90 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. 75-90 is on file in the official Resolution Book) 8.J. Resolution No. 76-90. Resolution No. 76-90, assessing costs for abatement action required to demolish an unsafe struc- ture at 410 S.W. 2nd Street, is before the Commission for consid- eration. The caption of Resolution No. 76-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 76-90 is on file in the official Resolution Book) 8.K. Resolution No. 77-90. Resolution No. 77-90, assessing costs for abatement action required to board up an unsafe structure and emergency action required to remove an unsafe condition at 1132 N.E. 9th Avenue, is before the Commission for consideration. The caption of Resolution No. 77-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT -3 8/28/90 ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 76-90 is on file in the official Resolution Book) 8.L. Award of Bids and Contracts. 1. Rental Rehabilitation - Community Development - MASCO in the amount of $17,000 for rehabilitation of property at 128 S.W. 3rd Avenue with funding from Rental Rehab Grant (Account No. 118-1975-554-60.28). 2. Pipe Fittings and Accessories - Annual Contract - multiple low bidders in an estimated amount of $52,000 with funding from Repair and Upkeep Water Meters (Account No. 441-5123-536-33.33) 3. Emergency Interconnect with Boca Raton - Public Utilities - W. Jackson and Sons Construction Company in the amount of $91,987.88 with funding from 1984 Water and Sewer Contingency Fund (Account No. 441-5162-536-60.48). Ms. McCarty moved approval of the Consent Agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Item 8B was amended to read "September 30, 1991", as opposed to "September 30, 1990" as written. REGULAR AGENDA 9.L. Appointment of Seven Members to The Planning and Zoning Board. The Commission is to consider appointing seven regular members to the Planning and Zoning Board (three members to a one year term and four members to a two year term). Mayor Lynch stated that he wished to submit the name of Mr. Jay Felner for appointment to the Planning and Zoning Board. Mr. Randolph moved to appoint Mr. Jay Felner to the Planning and Zoning Board for a one year term, 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. The Assistant City Attorney advised that the effective date of these appointments should be upon the adoption of the LDR's, as some of the Boards will not have been formally adopted. -4 8/28/90 Ms. McCarty moved to appoint Mark Krall to the Planning and Zoning Board for a one year term, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved to appoint Rita Naron to the Planning and Zoning Board for a one year term, 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. Mr. Andrews moved to appoint Bob Currie to the Planning and Zoning Board for a two year term, seconded by Ms. McCarty. 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. Mr. Randolph moved to appoint Jean Beer to the Planning and Zoning Board for a two year term, 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. Mayor Lynch submitted the name of Mr. Lawrence Parker for appointment to the Planning and Zoning Board. Dr. Alperin moved to appoint Lawrence Parker to the Planning and Zoning Board for a two year term, 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. Ms. McCarty moved to appoint Tom Purdo to the Planning and Zoning Board for a two year term, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.J. Appointment of Seven Regular Members to The Site Plan Review and Appearance Board. The Commission is to consider appointing seven regular members to the Site Plan Review and Appearance board (three members to a one year term and four members to a two year term). Dr. Alperin moved to appoint Jess Sowards to the Site Plan Review and Appearance Board for a two year term, seconded by Mr. Andrews. 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 submitted the name of Mr. Mark Marsh for appoint- ment to the Site Plan Review and Appearance Board. Dr. Alperin moved to appoint Mark Marsh to the Site Plan Review and Appearance Board for a one year term, 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. Said motion passed with a 5 to 0 vote. -5 8/28/90 Mr. Randolph moved to appoint William Wilshire to the Site Plan Review and Appearance Board for a one year term, 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. Mr. Andrews moved to appoint Sam DeOto to the Site Plan Review and Appearance Board for a two year term, 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. Ms. McCarty moved to appoint Gene Fisher to the Site Plan Review and Appearance Board for a two year term, 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. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to appoint Debora Turner Oster to the Site Plan Review and Appearance Board for a two 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. Mr. Andrews moved to appoint Rettig (Rett) Talbot to the Site Plan Review and Appearance Board for a one year term, seconded by Ms. McCarty. 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.K. Appointment of Seven Members to The Historic Preservation Board. The Commission is to consider appointing seven regular members to the Historic Preservation Board (three members to a one year term and four members to a two year term). Mr. Randolph moved to appoint Rose Sloan to the Historic Preservation Board for a one year term, 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. Mayor Lynch submitted the name of Mr. Spencer Pompey for appointment to the Historic Preservation Board. Mr. Randolph moved to appoint Spencer Pompey to the Historic Preservation Board for a one year term, 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. Ms. McCarty moved to appoint Pat Healy Golembe to the Historic Preservation Board for a one year term, 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. -6 8/28/90 Dr. Alperin moved to appoint Wayne Campbell to the Historic Preservation Board for a two 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. Mr. Andrews moved to appoint Daniel Carter to the Historic Preservation Board for a two year term, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to appoint William Ayers to the Historic Preservation Board for a two 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. Mayor Lynch submitted the name of Christine Bull for appoint- ment to the Historic Preservation Board. Ms. McCarty moved to appoint Christine Bull to the Historic Preservation Board for a two year term, 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.H. Appointment of Five Regular and Two Alternate Members to The Board of Adjustment. The Commission is to consider appointing five regular and two alternate members to the Board of Adjustment (two regular members to a one year term, three regular members to a two year term, and two alternate members to a one year term). Ms. McCarty moved to appoint A1 Vera to the Board of Adjustment as a regular member for a one year term, 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. Dr. Alperin moved to appoint Kyle Kopytchak to the Board of Adjustment as a regular member for a one 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. Mr. Andrews moved to appoint Lorraine Kasper to the Board of Adjustment as a regular member for a two year term, seconded by Ms. McCarty. 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. Mr. Randolph moved to appoint Jon Levinson to the Board of Adjustment as a regular member for a two year term, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. -7 8/28/90 Mayor Lynch submitted the name of Mr. Anthony Veltri for appointment to the Board of Adjustment. Ms. McCarty moved to appoint Anthony Veltri to the Board of Adjustment as regular member for a two year term, 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. Ms. McCarty moved to appoint Robert Moore to the Board of Adjustment as an alternate for a one year term, seconded by Mr. Ran- dolph. 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. Dr. Alperin postponed his appointment for an alternate, one year term to the Board of Adjustment for two weeks. 9.I. Appointment of Nine Members to The Board of Construction Appeals. The Commission is to consider appointing nine regular members to the Board of Construction Appeals (three members to a one year term and a six members to a two year term). Ms. McCarty postponed her appointment to the Board of Construc- tion Appeals for two weeks. Dr. Alperin postponed his appointment to the Board of Construc- tion Appeals for two weeks. Mr. Andrews moved to appoint Richard Oldham to the Board of Construction Appeals, 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. Mr. Randolph moved to appoint John G. Baccari to the Board of Construction Appeals for a one year term, seconded by Ms. McCarty. 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. Mayor Lynch submitted the name of Mr. Richard Sheremeta for appointment to the Board of Construction Appeals. Ms. McCarty moved to appoint Richard Sheremeta to the Board of Construction Appeals for a one 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. Mr. Randolph moved to appoint William Koch, III to the Board of Construction Appeals for a two year term, 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. 9.A. Interlocal Agreement Between The City and Palm Beach County. The Commission is to consider approving an interlocal agreement between -8 8/28/90 the City and Palm Beach County defining the distribution of proposed one-half percent "Local Government Infrastructure Surtax". Approval is recommended. The City Manager stated his recommendation was not on this item, but on Item 9.A.1. The City Manager stated the issue of how the County would use the money, which would be freed up if the surtax was passed, has not been addressed, and none of the material supplied to the City makes any kind of a commitment on what will happen to that money. The City Attorney advised the language that was previously requested is not in the contract; therefore, his advice is to reject the contract with comments. Dr. Alperin moved to deny the approval of the Interlocal Agreement on the grounds that there is no commitment included in it to the specific projects, which is how the funds will be spent, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - No; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 3 to 2 vote. 9.A.1. Request for Funding. The Commission is to consider a request for $10,000 to help defray the costs of hosting the 33rd Annual Sunshine Cup and 14th Annual MCB Continental Players Cup Tennis Tournaments to be held at the International Tennis Center (Lavers), December 10th through 17th. Ms. McCarty moved approval for the request for funding, second- ed by Dr. Alperin. 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. Mr. Andrews commented that The United States Tennis Associa- tion, on September 2, 1990, will decide if Key Biscayne or Delray Beach will be the home of the new National Training Center. He stated that hopefully, Delray Beach will get the honor. 9.B. Site Plan Approval. The CoK~ission is to consider a request for site plan approval for a proposed five story, 15 unit condominium development (Heritage Manor) to be located on the southeast corner of Miramar and Venetian Drives. Denial is recommended. David Kovacs, Planning and Zoning Director, stated this item had previously been before the City Commission but had been continued in the hopes of achieving an agreement among the developer and neighbors as to the character and intensity of development. Frank Steinitz, representing the Stipan Group, stated the building is now a four story configuration, three stories for living space and the bottom for parking. Mr. Steinitz then presented the issues that have been done for this project. Ms. McCarty moved approval for a site plan including the conditions set forth in the recommendation section of the May 24, 1990 -9 8/28/90 Planning and Zoning staff report, and also incorporating Mr. Chapin's suggestions set forth in his letter, seconded by Mr. Andrews. 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. 11. Comments and Inquiries on Non-Agenda Items. Mayor Lynch stated at this time he would like to have public comments on the Walmart issue. 11.1. Robert Ashcroft, resident of Country Lake, stated he is re- questing that some type of wall, other than shrubbery, be erected abutting the residential area to separate from the Walmart Store. The Commission concurred to schedule a meeting to discuss the issues of a six foot masonry wall and a turning lane and will be in touch with the residents of Country Lake. PUBLIC HEARINGS - 7 P.M. At this point, the time being 7:15 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10.A. Ordinance No. 25-90. Ordinance No. 25-90, amending the Code of Ordinances by repealing and amending certain Code sections to provide for the implementation of the Land Development Regulations, 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. 25-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY OF DELRAY BEACH CODE OF ORDINANCES BY REPEALING CHAPTER 55, "PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", CHAPTER 114, "AMUSEMENTS (CIRCUSES & CARNIVALS), CHAPTER 150, "BUILDING REGULATIONS", CHAPTER 151, "COASTAL CON- STRUCTION'', CHAPTER 152, "COMMUNITY APPEARANCE", CHAPTER 153, "SOIL EROSION CONTROL", CHAPTER 155, "ELECTRICITY" , CHAPTER 156, "FLOOD HAZARD CONTROL" , CHAPTER 157, "GAS CODE", CHAPTER 158, "HOUSING CODE", CHAPTER 159, "LANDSCAPING CODE", CHAPTER 160, "MECHAN- ICAL CODE", CHAPTER 161, "PLUMBING CODE", CHAPTER 162, "SIGNS AND BILLBOARDS", CHAPTER 163, "SWIMMING POOLS", CHAPTER 164, "WELL AND SPRINKLER SYSTEMS", CHAPTER 165, "UNSAFE BUILDINGS", CHAPTER 170, "COMMUNITY REDEVELOPMENT", CHAPTER 171, "COMPREHENSIVE PLAN", CHAPTER 172, "SUBDIVISION CODE", CHAPTER 173, "ZONING CODE", CHAPTER 174, "HISTORIC PRESERVATION", CHAPTER 175, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS, BY AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" BY REPEAL- ING SECTION 113.16, "AREAS AND LOCATION WHERE SALES -10 8/28/90 PERMITTED", SECTION 113.17, "SALE NEAR/CHURCH OR SCHOOL", AND SECTION 113.18, "BOTTLE CLUBS; NUISANCE", AND ENACTING LAND DEVELOPMENT REGULATIONS PROVIDING FOR COMPREHENSIVE REGULATIONS AND REQUIREMENTS FOR THE DEVELOPMENT, ZONING AND LAND USE PLANNING WITHIN THE CITY LIMITS, PROVIDING FOR THE ADMINISTRATIVE PROCESS, RELIEF AND VARIANCES FROM SUCH REGULATIONS AND RE- QUIREMENTS; PROVIDING FOR THE ESTABLISHMENT OF ZONING DISTRICTS; PROVIDING FOR THE ENACTMENT OF OFFICIAL ZONING DISTRICT MAP; PROVIDING FOR THE REZONING OF PROPERTY WITHIN THE CITY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE, PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 25-90 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. Mr. Kovacs stated the consensus of the work session following the First Reading resulted in the two exhibits before the Commission tonight. One represents the changes to the Zoning Map. There are two specific items that should be addressed upon the close of the Public Hearing, in order that his draftsman can make corrections; those two items are the Isles of Delray and the former Nissan site. The second exhibit represents the text changes made on direction from the Commis- sion. Upon question by Mayor Lynch, Mr. Kovacs advised the LDR's can be amended on a monthly basis, if necessary. Mr. Randolph requested more information regarding Item 15, on the list of additional items to be included in the LDR's, relating to provisions allowing duplexes to be split into two ownerships. Mr. Kovacs stated there is a provision in the existing Code to divide the property under the townhouse subdivision. It will be put into the future Code. Ms. McCarty questioned the deletion of the S designation from the Planned Commercial designation for Delray Town Center Phase II. Mr. Kovacs explained that he is expecting more public comment tonight and he feels this will be an item that will be requested to be dropped. This refers to a special requirement that, if it is appropriate to reduce the scale of a shopping center, an S designation can be added that will limit the maximum size of a tenant to 20,000 square feet. David Schmidt, 2907 S.W. 21st Terrace, stated he would like to discuss the definition of subdivision. He is requesting that the Commission direct Mr. Kovacs to correct the language in order to make it more specific. Mr. Kovacs agreed with Mr. Schmidt and suggested that the new P&Z Board review the history and possibly remove it from the Code. Upon question, Roger Saberson advised that, some years ago the City hired a consultant to redraft the Zoning Code and LDRs, and it was -11 8/28/90 their definition. The Commission concurred to remove the definition stating that "any land which is divided or proposed to be divided into two or more lots, parcels, sites or units for lease, is a subdivision". David Henninger, 602 Sunshine Drive, representing the Lake Ida Property Owners Association, stated if it is not possible to get an extension of the SAD zoning, they would request a zoning of R-1AAA, for the Isles of Delray. The City Attorney advised this appears as an item on the Regular Agenda and it can be voted on at that time. Discussion followed with regard to the Isles of Delray. Upon question by Ms. McCarty relative to granting an extension, Mr. Saberson agreed to a re-evaluation by the newly appointed P&Z Board to ensure that they are meeting the current standards that have been adopted, subject to Com- mission review and subject to the idea that the plan continues and they would continue to be concurrency exempt. Mr. Saberson commented that he feels the extension should run from the time they appear before the Commission, after conditions are spelled out. Mr. Kovacs suggested that, if the Commission is going to allow an extension, then it should be for the current project. If it returns to the Commission, a new submission must be made. The City Attorney advised, if the Commission plans to extend the plan, SAD is consistent, and it is permissible to zone that property SAD. The SAD is associated with a site plan that will expire in 18 months, if the extension is granted. It will not be possible to build anything unless they vest within that 18 month period. The Commission concurred to deny the extension. Mr. Saberson requested confirmation that the property where the Seacrest Shops is located will be zoned NC (Neighborhood Commercial). The Commission concurred to the NC zoning with 35,000 square feet per tenant. Mr. Saberson commented that the SAD zoning district LDR had an automatic reversion to prior zoning categories for any expired site plan and conditional use and he requested clarification as to the status. Mr. Kovacs advised it was recommended that it be deleted. Robert Currie, 25 Seabreeze Avenue, stated the primary issue previously discussed is how is a developer allowed to come into the City and learn whether or not he is able to build what he wants, and is there some sort of culpability that locks this in. The other issue is the clarification of height when elements are present that are not livable; and the third issue is the the manner in which the nonconformity of RM-15 will be dealt with when the district is eliminated. Mr. Kovacs stated the section referring to the height issue will be rewritten with regard to towers or any free-standing item. If this goes beyond 64 feet, it must have City Commission approval. Any item on top of a building can go above the height limitation in that district, with the approval of the Site Plan Review and Appearance Board. Mr. Kovacs stated, for any building built under the RM-15 regulation, a provision was added that states, if destroyed, it can be -12 8/28/90 rebuilt in its original configuration. His recommendation is that the Commission not change the pattern and doctrine of nonconforming uses at this time. The City Attorney stated the City is permitted to downzone property and eliminating development in contravention to the RM-12 zoning district that will be in place in the future is clear. He further stated that in order to accommodate those people who could rebuild yesterday, but not today, is an issue that must be considered separate and apart before a change is made. Mr. Kovacs stated downtown there is a potential of 12 to 15 units per acre. In a mixed use building, there should be no problem at 12 units per acre as long as it is in addition to whatever retail intensity there is. He advised not to limit or restrict density on unit count, but have the restrictions based on height limitation, parking and lot coverage. He recommended not making any change in the Zoning Code at this time; at the time of construction it can be amended, and should be done through the Comp Plan process to pull out the density limitation as pertains to the downtown. Mr. Kovacs stated a write up was given to Mr. Currie and Mr. Andrews regarding the Concept Sketch Plan which explains the way it is handled. It is basically done as a non binding item. The Sketch Plan Review carries a $500 application fee and the Technical Advisory Commit- tee reviews and analyzes the applicants request. It would be a non-binding agreement. Carolyn Young, Delray Beach, requested clarification on some of the proposed changes with respect to the minimum square footage that is required on parcels zoned for duplexes. In reply to Ms. Young, Mr. Kovacs stated the Code, as currently written, allows duplexes to be constructed on lots of record with 6,000 square feet. In order to build a duplex after the LDR's are approved there must be 8,000 square feet. There will be no grandfather provision and this will be effective September 6, 1990. David Henninger, 602 Sunshine Drive, stated a recommendation had been made to Planning and Zoning with regard to upzoning some of the northwest section of the Isles of Delray to R-1AAA because there was concern about some large parcels of unplatted land in the Lake Ida area. He requested action not be taken on this issue as everyone in the association was not notified. They would like to set a precedent for unplotted areas and amend their request to change the boundary coming back from N.W. llth Street, which is the northernmost boundary of the homeowners association starting at the lake and going directly out to N.W. 2nd Avenue, eliminating the area north of there, and changing it from an R-1AAA to an R-1AAA-B which does not affect the house sizes, but still maintains the integrity on the lot sizing. It was the consensus of the Commission to agree in concept. Kathi Sumrall, 60 Marine Way, stated she needed clarification on some of the 67 items generated from Mr. Kovacs. She questioned what consensus the Commission arrived at with regard to the Planning and Zoning Board reviewing any site plans. Mayor Lynch replied they are only reviewing the site plans on large parcels. With regard to the -13 8/28/90 granting of relief from the number of parking spaces, she questioned if that was shifted over to the SPRAB. Mayor Lynch replied it was. She stated the section entitled duties of the SPRAB Board states "certain site and development plans", and questioned if that "certain" has been defined. In reply, Mr. Kovacs stated it has been changed. She also stated, regarding the Board of Adjustment, it had been agreed the word intentional" would be inserted between "the" and "actions of the land owner". The Commission is agreeable to change the word to may, but not put the word intentional in. Item 29 of the list contains two errors. She stated 4.3.4.J.4.BI, A should be 9 and the page number should be .36 not .35. With regard to Item 45 on the list, she requested the Commis- sion reconsider. This has to do with dwelling units in the same struc- ture. On Page 4.6.9, with regard to signs, it says "72". She questioned if that should read "72 square feet." She stated she had a real concern on page 2 in the code where it says "as provided under subsection whatever" and the subsection is not there. Sid Weitz, Dockside, 1200 S. Swinton, stated Dockside was to be changed from MI to MIC, but he didn't notice it on any of Mr. Kovacs. papers. Mr. Kovacs stated recommendations have been accommodated. Mr. Weitz also commented on 4.410, Automotive Commercial District, in which there is no mention made with regard to a full service boat dealership. Alice Finst, 707 Place Tavant, would like to see the R-1A-B zoned Chatelaine to remain a unique zoning classification such as R-lA-B-B, or somehow separate it from any other R-1A-B zones which may be created. Steven Deutsch, 110 SE 6th Street, Fort Lauderdale, stated he is very concerned with the expansion of Lake Ida Road and the impact of concurrency. Paul Steele, 1121 N.W. 4th Avenue, questioned whether the industrial along 3rd Avenue is put back in. Mr. Kovacs stated all the areas that were GC and SC Zoning will be put back to the CBD District. Michael Weiner, 509 Oleander Lane, representing Bill Wallace, stated he is before the Commission to request a change in the Land Use Map. He is requesting a zoning change to AC for blocks 7 and 8, pres- ently zoned as GC, and noted that AC zoning has been placed on eleven (11) of the automobile dealerships in the City. It would be arbitrary and capricious to think that this dealer should be the only one not to be zoned AC. It was the consensus of the Commission (3-2 )to approve the zoning to AC. Steve Rubin, President of Shadywoods, stated he and the Board of Directors have been reviewing the LDR's. As presently proposed to the Commission the LC conversion to the PC-S in the eaternmost parcel of Delray Town Center contains the S designation, and it is the unanimous consensus of the Board that they do not want the S designation taken away. Frank Spence, Executive Director of the CRA, stated he would like to go on record in favor of the 15 units. -14 8/28/90 The public hearing was closed. The LDR's will be deferred to the Special Meeting of September 5th with the probability of limited direction on what needs to be done to establish a date for the adoption of the LDR's. Ms. McCarty moved the continuation to September 5th, 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.B Ordinance No. 34-90. Ordinance No. 34-90, amending the Code of Ordinances to provide a coastal protection plan for the City, 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. 34-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO BE KNOWN AS THE CITY OF DELRAY BEACH COASTAL PROTECTION ORDINANCE, AMENDING TITLE 15, "BUILDING REGULATIONS", CHAPTER 151, "COAST- AL CONSTRUCTION", PROVIDING FOR THE SUBHEADING "GENER- AL PROVISIONS" PERTAINING TO COASTAL CONSTRUCTION TO BE RENAMED "GENERAL PROVISIONS -- COASTAL CONSTRUC- TION''; BY ENACTING NEW SECTIONS 151.60 THROUGH 151.68, UNDER SUBHEADING "GENERAL PROVISIONS -- COASTAL PROTECTION"; PROVIDING FOR A SHORT TITLE AND APPLICA- BILITY; PROVIDING FOR THE PURPOSE OF SAID AMENDMENT; PROVIDING DEFINITIONS; PROVIDING FOR JURISDICTION; ESTABLISHING A COASTAL PROTECTION ZONE AND A SAND PRESERVATION ZONE; PROVIDING FOR GENERAL PERMITS; PROVIDING FOR SPECIAL PERMITS; PROVIDING PERMIT FEES; PROVIDING FOR ADMINISTRATIVE RELIEF; APPEAL PROCESS; PROVIDING FOR VIOLATIONS, ENFORCEMENT AND PENALTIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 34-90 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. Robert Federspiel, 501 E. Atlantic Avenue, stated he would like to see this ordinance become effective immediately. Robert Barren, 111 Periwinkle Lane, stated it is of critical importance that this ordinance be passed. The public hearing was closed. -15 8/28/90 Ms. McCarty moved for adoption of Ordinance No. 34-90 on Second and FINAL Reading, with the condition that it is effective immediately, 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. Ms. McCarty moved for adoption of the rules that help to implement this ordinance, 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. 10.C. Ordinance No. 35-90. Ordinance No. 35-90, amending the Code of Ordinances by enacting a new subsection, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", is before the Commission for consideration of 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. 35-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOL- IC BEVERAGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", PROVID- ING FOR THE DEFINITIONS OF "ALCOHOLIC BEVERAGE ESTAB- LISHMENT'', "NUDITY", "PARTIAL NUDITY", PROHIBITING NUDITY, PARTIAL NUDITY AND SEXUAL CONDUCT WHERE ALCOHOLIC BEVERAGES, BEER OR WINE ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES AND PROHIBIT- ING ANY PERSON MAINTAINING, OWNING OR OPERATING AN ESTABLISHMENT WHERE ALCOHOLIC BEVERAGES, BEER OR WINE ARE SOLD OR OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES FROM PERMITTING OR SUFFERING TOTAL NUDITY IN SUCH ESTABLISHMENT; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 35-90 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. Philip Stasik, 1055 N.W. 18th Avenue, stated this regressive ordinance would be an embarrassment to the City and urged the Commission to vote no on this ordinance. Virginia Snyder, 38 S. Swinton Ave., urged the Commission to vote no on this ordinance. -16 8/28/90 The public hearing was closed. Mr. Andrews moved for the adoption of Ordinance No. 35-90 on Second and FINAL Reading, seconded by Mr. Randolph. The City Attorney advised the words "or buttocks" should be eliminated from the language of the ordinance. Mr. Andrews made a substitute motion to adopt Ordinance No. 35-90 on Second and FINAL Reading, as amended, eliminating the words "or buttocks", 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. 10.D. Ordinance No. 36-90. Ordinance No. 36-90, amending the City Charter to provide that no member elected to serve as a City Commission- er shall serve more than two (2) consecutive, two year terms in office, 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. This ordinance also provides for a referendum election to be held on November 6, 1990. The City Manager presented Ordinance No. 36-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA TO ARTICLE III, "LEGISLATIVE" BY AMENDING SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERN- MENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR" BY ENACTING A NEW SUBSECTION 3.01(c) LIMITING COMMIS- SIONERS TO TWO CONSECUTIVE TERMS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 1990; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 36-90 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. Jerry Taylor, President of Delray Beach Chamber of Commerce, requested Ordinance No. 36-90 be deleted from the November 6 ballot. Arthur Jackel, 784 N.W. 25th Avenue, stated he will support the Commission's decisions. The public hearing was closed. -17 8/28/90 Mr. Andrews moved for denial of Ordinance No. 36-90 on Second and FINAL Reading, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Ms. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.E. Ordinance No. 37-90. Ordinance No. 37-90, amending the City Charter to provide that at least four affirmative votes are needed to terminate the City Manager, that 72 hours public notice is given and that a public hearing is held, is before the Commission for considera- tion 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. This ordinance also provides for a referendum election to be held on November 6, 1990. The City Manager presented Ordinance No. 37-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.02, "APPOINTMENT; REMOVAL; COMPENSATION", BY AMENDING SUBSECTION (b) PROVIDING THAT THE TERMINATION OF THE CITY MANAGER REQUIRE AT LEAST FOUR AFFIRMATIVE VOTES, PUBLIC NOTICE AND A PUBLIC HEARING; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 1990; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 37-90 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 public hearing was closed. Ms. McCarty moved for adoption of Ordinance No. 37-90 on Second and FINAL Reading, seconded by Mr. Andrews. Upon roll call the Commis- sion voted as follows: Dr. Alperin - No; Mr. Andrews - Yes; Mr. Ran- dolph - No; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 3 to 2 vote. 10.F. Ordinance No. 38-90. Ordinance No. 38-90, amending the City Charter to provide that at least four affirmative votes are needed to terminate the City Attorney, that 72 hours public notice is given and that a public hearing is held, is before the Commission for considera- tion on Second and FINAL reading. This ordinance also provides for a referendum election to be held on November 6, 1990. The City Manager presented Ordinance No. 38-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES -18 8/28/90 OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA TO ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.08, "LEGAL COUNSEL APPOINTMENT, REMOVAL AND COMPENSATION", BY AMENDING SUBSECTION (b) PROVIDING THAT THE TERMINATION OF THE CITY ATTORNEY REQUIRE AT LEAST FOUR AFFIRMATIVE VOTES, PUBLIC NOTICE, AND A PUBLIC HEARING; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 1990; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 38-90 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 public hearing was closed. Mayor Lynch passed the gavel to Deputy Vice-Mayor William Andrews. Ms. McCarty moved for adoption of Ordinance No. 38-90 on Second and FINAL Reading, seconded by Mayor Lynch. Upon roll call the Commis- sion voted as follows: Mr. Andrews - No; Mr. Randolph - No; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - No. Said motion FAILED with a 3 to 2 vote. Proclamation. 10.F.1. Calling for a Referendum Election to be held on November 6th for the purpose of placing before the voters of Delray Beach three questions pertaining proposed changes to the City Charter. Vice-Mayor McCarty read the proclamation calling for a Referen- dum Election. 10.G. Request for Waiver to The City Code. The Commission is to consider conducting a public hearing on a request for waiver to the Sign Code to permit a 17 foot sign with a 138 square foot sign cabinet within 10 feet of the property line of Mobil Oil Company located at 1001 South Congress Avenue. Prior to consideration a public hearing has been scheduled to be held at this time. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Attorney advised, if there is a consensus to go forward, the code should be amended. Lula Butler, Director of Community Improvement, stated the sign location is not being opposed, the problem is with the size of the sign. She stated there is no basis for approval for such a large, square footage sign. -19 8/28/90 William Wilshire, Chairman - CAB, stated this is the only sign on the property, is the same size as the gas station on Congress and Atlantic, with the only difference being setback. Mr. Andrews moved approval for a sign that is posted no higher than 17 feet above the ground, no greater area than 8 feet in width and 3 feet in height with the word Mobil and the prices under that and can be put in the setback, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.H. Request for Waiver to The City Code. The Commission is to consider conducting a public hearing on a request for waiver to the Sign Code to permit a second free standing 17 foot sign with a 62 foot sign cabinet at the Saturn Dealership located at 2800 South Federal Highway. This Request for Waiver has been postponed until the next Regular City Commission meeting 10.I. Request for Waiver to The City Code. The Commission is to consider conducting a public hearing on a request for waiver to the Sign Code to permit a free-standing 18 foot sign with a 120 square foot sign cabinet within 18 feet of the property line; an 18 foot sign with a 91 square foot sign cabinet within seven feet of the property line; and an 18 foot high sign with a 61 square foot sign cabinet at the Wallace Dealership located at 1111 Linton Boulevard. 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. At this time, because of laryngitis, Mayor Lynch stepped down and Vice-Mayor McCarty took the chair. Lula Butler stated Mr. Wallace took his entire sign package to the CAB for review and their consideration of approval. His request of the Commission is for all new signs. His sign package requires varianc- es both in the setback and size of sign. William Wallace, stated he has spent a great deal of money designing signs for his dealership that the general public cannot see. He would like brand name identification which he feels can be done in an aesthetically pleasing manner. William Wilshire stated the CAB Board approved a temporary situation of Mr. Wallace having three signs on the site, pending the moving of one of the dealerships out of that area. Lorraine Kasper, Spanish Trail, stated the dealership stands out very nicely and very neatly and the signs, as proposed, will ruin the quality of the dealership. Alice Finst, 707 Place Tavant, stated the City is not going to be a quality City if all of the requested signs are allowed to go up. -20 8/28/90 The public hearing was closed. Mr. Randolph moved for the request of a sign code waiver, and allowing replacement of the current sign in the setback with a new sign in the setback, seconded by Mr. Lynch. Upon roll call the Commission voted as follows: Mr. Lynch - Yes; Vice Mayor McCarty - No; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 10.J. Request for Waiver to The City Code. The Commission is to consider conducting a public hearing on a request for waiver to the Sign Code to permit a 375 square foot flat wall sign on the Costco Building located at 500 Linton Boulevard. This Request for Waiver has been withdrawn. PUBLIC COMMENT ll.A.1. Mary Lou Jamison, 515 N. Swinton Avenue, opposes the charges for the agenda and materials pertinent to the issues. She feels she and others as well, put a lot of their time in City issues and the material should not have to cost. The City Manager advised that he and the City Clerk will work on this issue. ll.A.2. Frank Spence, Executive Director of the CRA, stated the CRA has voted to amend the Community Redevelopment Plan, and as required in Chapter 163 this now comes to the City Commission. The CRA is requesting the City Commission to hold a Public Hearing at the next Commission meeting, September 11, 1990, for the purpose of modifying and amending the Community Redevelopment Plan. FIRST READINGS 12.A. Ordinance No. 39-90. Ordinance No. 39-90, amending the SAD (Special Activities District) for the Gulfstream Building located on the north side of George Bush Boulevard (N.E. 8th Street), east of the Intracoastal Waterway to provide for modified conditional uses, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 11, 1990. The City Manager presented Ordinance No. 39-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 38-84 BY REPEALING SECTION 2 (A) AND ENACTING A NEW SECTION 2 (A) TO PROVIDE FOR CONDITIONAL USES PERMITTED IN THIS SAD (SPECIAL ACTIVITIES DISTRICT); BY ADDING A NEW SECTION 2 (I) TO PROVIDE FOR SIGNAGE LIMITATIONS; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -21 8/28/90 Michael Weiner, representing Sunco Savings and Loan Associa- tion, stated zoning has done what zoning should do. Dr. Alperin moved for the adoption of Ordinance No. 39-90 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. 40-90. Ordinance No. 40-90, amending the Code of Ordinances by enacting a new section "Annexation, Unbilled Properties, Remedial Provisions" to provide for billing of annexed properties and previously unbilled properties receiving refuse collection services from Waste Management Inc., is before the Commission for consideration on First Reading. If passed, Public Hearing will be held September 11, 1990. The City Manager presented Ordinance No. 40-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS, CHAPTER 51, "GARBAGE AND TRASH", BY ENACTING A NEW SECTION 51.76, "ANNEXATION, UNBILLED PROPERTIES; REMEDIAL PROVISION", TO PROVIDE FOR BILLING OF ANNEXED PROPERTIES AND PREVIOUSLY UNBILLED PROPERTIES, PROVID- ING A SAVINGS CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 40-90 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes; Vice Mayor McCarty - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.C. Conditional Use Approval. The Commission is to consider a request for conditional use approval for the establishment of Savoy ACLF at 210 S.E. 1st Avenue. Denial is recommended. Mr. Lynch moved to deny the conditional use approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. Conditional Use Modification. The Commission is to consider a request for modification to the conditional use for expansion of the land area for Fleet Leasing located on Federal Highway, north of S.E. 3rd Street. -22 8/28/90 Mr. Lynch moved to deny the conditional use approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Lynch - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.E. Extension of Conditional Use and Site Plan Approval. The Commission is to consider a request for extension of conditional use and site plan approval for the Isles of Delray SAD (Special Activities District). Approval is recommended. David Kovacs stated the proposal is for the conditional use approval and the site plan approval, which are two separate items. The proposal is that the site plan expansion not be granted and the cond- itional use, which is 148 units, remain valid for an 18 month period. This gives an approval on the books of 148 units and that as a develop- ment order it is called an "Intensity Specific Zoning Action." Vice-Mayor McCarty requested David Henninger be called in the morning in order to give him the courtesy of letting him know what has happened. The City Attorney requested permission to have his office review this proposal before it is brought up again. Mr. Lynch moved for postponement of this issue, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Lynch - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. Site Plan Approval. The Commission is to consider a request for site plan approval for the Weiner Office Building to be located at the northwest corner of Swinton Avenue and N.W. 1st Street. Approval is recommended. Mr. Lynch moved for approval of the site plan, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.G. Site Plan Approval. The Commission is to consider a request for site plan approval for a Walgreen's to be located north of N.E. 4th Street, between N.E. 5th and 6th Avenue. Approval is recommended. Mr. Lynch moved approval of the site plan with the condition to enhance the west elevation coming from the south, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes; Vice-Mayor McCarty - Yes. Said motion passed with a 5 to 0 vote. 9.M. Gulfstream Boulevard Median Improvements. The Commission is to consider providing staff direction regarding a proposed interlocal agreement between the City and Boynton Beach for the upgrade of medians along Gulfstream Boulevard. -23 8/28/90 The City Manager requested further direction as previously determined from back minutes it was discussed by the Commission, but there was no Commission action taken. It was the consensus of the Commission to move forward and work together with Boynton. 9.N. Allocation of Funding For Outside Counsel Fees. The Commission is to consider allocating funding to cover $85,000 in accumulated out- side counsel fees. The City Attorney advised a transfer of $16,000 from the General Fund Surplus with repayment from Storm Water Utility. Twenty three thousand ($23,000) of the remaining dollars are the miscellaneous items including annexation matters that were incurred, but not billed from August, 1988 to June, 1989. Seven thousand dollars ($7,000) will be available from David Kovac's grant with respect to the LDR's to pay the City Attorney's office for the time and effort expended in the LDR's and $4,000 will be drawn from the Annual Physical Account. Dr. Alperin questioned where the remainder of Herb Thiele's salary was from the 1989-90 budget. In reply, the City Attorney stated the money was paid out for expenses associated with Herb Thiele's accumulated sick time, accumulated vacation time and all those aspects. There was also a salary increase for the City Attorney and the Assistant City Attorney. Mr. Lynch moved to approve the allocation of funding for outside counsel fees, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.0. Expenditure From the Law Enforcement Trust Fund. The Commis- sion is to consider authorizing an expenditure from the Law Enforcement Trust Fund (Account No. 112-2172-521-35.15) in the amount of $2,475 to purchase 45 ASP Expandable Batons. Approval is recommended. Dr. Alperin moved approval of the expenditure from the law enforcement trust fund, seconded by Mr. Lynch. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Lynch - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.P. Appointment of a Voting and Alternate Voting Delegate to The National League of Cities. The Commission is to consider appointing a voting and alternate voting delegate to represent the City at the Annual Business meeting of the National League of Cities. There will be no attendance this year. No vote was called. 9.Q. Resolution No. 78-90. Resolution No. 78-90, authorizing and directing the City Manager to cause to be placed on the November 6, 1990 Delray Beach Referendum Election Ballot three questions relating to the City Charter, is before the Commission for consideration. -24 8/28/90 The caption of Resolution No. 78-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO CAUSE TO BE PLACED ON THE NOVEMBER 6, 1990 DELRAY BEACH REFERENDUM ELECTION BALLOT THREE QUESTIONS RELATING TO AMENDMENTS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA; ESTABLISHING THE BALLOT LANGUAGE TO STATE THE QUESTIONS; PROVIDING PROCEDURES PERTAINING TO THE VOTE ON THE QUESTION; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 78-90 is on file in the official Resolution Book) The City Attorney advised the changes are to eliminate "three" in the caption, and to eliminate Section 1 and Section 3. Mr. Lynch moved for the adoption of Resolution No.. 78-90 as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Lynch - Yes; Vice-Mayor McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 13.A.1. Mr. Randolph had no comments or inquiries on non-agenda items. 13.A.2. Mr. Andrews had no comments or inquiries on non-agenda items. 13.A.3. Mr. Lynch commented it is important to sit down with the newly appointed boards, explain to them that they are part of the Commission, discuss pole signage and delegate responsibilities. 13.A.4. Dr. Alperin stated he would like to see a plan of the location of the School Board expansion with regard to the Spady property. 13.A.5. Dr. Alperin stated as soon as the new boards have chosen their chairmen, he hopes there will be a forum on how to run their meetings. 13.A.6. Vice-Mayor McCarty stated she received a letter from Victor Neal on the one-way pair situation and this Commission, not having discussed the one-way pair, should do so at the upcoming workshop. 13.A.7. Vice-Mayor McCarty mentioned Frank Spence's date to meet with the CRA. Mr. Spence stated his recommendation would be September 17, 6:30 P.M. prior to the adoption of both his and the Commission's budg- ets. 13.B.1. The City Attorney had no comments or requests on non-agenda items. 13.C.1. The City Manager stated there is a request from the Chamber of Commerce for $500 from the Commission contingency to help with the breakfast they will be having in conjunction with the Courthouse dedica- tion ceremonies. -25 8/28/90 13.C.2. In reply to the Commission's request, the Neighborhood Task Force will hold their first meeting on Thursday at 7:00 P.M. 13.C.3. The City Manager read a letter he had received from David Huddleston, Finance Director, whereby he submitted his resignation effective September 28, 1990. Vice-Mayor McCarty declared the meeting adjourned at 12:00 Midnight. - ~City Cl~rk 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 August 28, 1990, which minutes were formally approved and adopted by the City Commission on //, City Cl~rk I 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. -26 8/28/90