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10-23-90 OCTOBER 23, 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 6:05 P.M., October 23, 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 Ralph Nygard of Barwick Road Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Ms. McCarty requested Items 8.H. and 8.I. be moved to the end of the Regular Agenda as Items 9.P. and 9.Q. Mayor Lynch requested Items 8.C, 8.D., 8.E, and 8.F. be moved to the end of the Regular Agenda as Items 9.R., 9.S., 9.T., and 9.U. Mayor Lynch stated there was a request to add a Presentation, Item 7.A. Decision was made to leave Item 9.A., The Groves on the agenda. Item 9.C. was withdrawn by the applicant. The City Attorney requested adding support for passage of Amendment No. 3 to the Regular Agenda as Item 9.V. The City Manager requested 9.P. on the addendum be changed to 9.W. Mr. Randolph moved approval of the agenda as amended, 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. 5. Ms. McCarty moved approval of the minutes of October 9, 1990, seconded by Dr. Alperin. 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: A. Mayor Lynch presented a proclamation proclaiming the week of October 21 through October 27, 1990 as "Red Ribbon Week." The City will formally be working on this with the Police Department to try and rid crime and drugs from the City. B. Mayor Lynch presented a proclamation proclaiming the week of October 27, 1990 as "Crime Awareness Week." C. Mayor Lynch read and presented a proclamation proclaiming the week of October 28 through November 4, 1990 as "Pornography Aware- ness Week." Mr. Cameron, Chairman of the American Family Association of Palm Beach County, stepped forward to accept the proclamation and to thank the Mayor and Commissioners. 7. Presentations. Mayor Lynch presented Chief Charles Kilgore with a proclamation and a plaque offering him congratulations on the occasion of his retire- ment as Police Chief of the City of Delray Beach, and thanked him for his faithful employment and representation of the City of Delray Beach. Chief Kilgore thanked the Mayor and stated he was privileged to be a resident of Delray Beach and an employee of the City. Consent Agenda The following items were considered by the Commission as the Consent Agenda: 8.A. Authorization to Submit Grant Application. The Commission is to consider authorizing staff to submit a grant application to the Department of Community Affairs for supplemental funding for the new fire facility and authorize the use of the City's lobbyist in obtaining this funding. Approval is recommended. 8.B. Amendment to The Golf Course Restaurant Contract. The Commis- sion is to consider approval of an amendment to the contract between the City and BLS Services which includes an increase in the price of "premi- um'' alcoholic beverages and provides for a new special drink menu. Approval is recommended. 8.G. Request for Waiver of Permitting Fees. The Commission is to consider approval of a request to waive the moving permit fees, in the amount of $317.50, for the relocation of the Sundy Feed Store to the Morikami Museum. Approval is recommended. 8.J. Execution of Quit Claim Deed. The Commission is to authorize the execution of a quit claim deed to clear a title defect on Lot 1, Block 1, Sunflower-Delray Section One. Approval is recommended. 8.K. Adoption of Rules for Board of Adjustment. The Commission is to consider adopting General Governing Rules - Rules of Procedure for the Board of Adjustment. 8.L. Peace Mile At Barwick Park. The Commission is to consider approval of the request from the Sri Chinmoy Organization to establish a "peace mile" at Barwick Park. Approval is recommended. 8.M. Resolution No. 102-90. Resolution No. 102-90, abandoning the alley right-of-way adjacent to the Walgreen's Development located north of N.E. 4th Street, between N.E. 5th and 6th Avenues, is before the Commission for consideration. -2- 10/23/90 The caption of Resolution No. 102-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL THAT PART OF THE ALLEY BEING 16.0 FEET IN WIDTH AS SHOWN ON THE PLAT OF HALLER AND GROOTMAN'S SUBDIVISION, RECORDED IN PLAT BOOK 5, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 7, 8 AND 9, AND LOTS 10, 11 AND 12, OF SAID HALLER AND GROOTMAN'S SUBDIVISION, LESS THE SOUTH 15.0 FEET THEREOF. (Copy of Resolution No. 102-90 is on file in the official Resolution Book) 8.N. Resolution No. 103-90. Resolution No. 103-90, authorizing staff to submit a grant application for matching funds to start a litter prevention program in conjunction with our recycling efforts, is before the Commission for consideration. The caption of Resolution No. 103-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING GRANT ASSISTANCE FROM THE CLEAN FLORIDA COMMISSION. (Copy of Resolution No. 103-90 is on file in the official Resolution Book) 8.0. Award of Bids and Contracts. 1. Installation of Sidewalk-Pompey Park-ARZ Builders, Inc. in the amount of $14,129 with funding from Decade of Excellence - Sidewalk Pompey Park. Approval is recom- mended. 2. 1991 Street Resurfacing Project - Engineering Department - Pavex Corporation in the amount of $230,710 with funding from General Construction Fund - Resurfacing. (Account No. 334-3162-541-60.55). Approval is recommend- ed. The City Attorney stated, with regard to the Board of Adjust- ment, in the rules there is a provision stating that an appeal from Chief Building Official's decisions should come within thirty (30) days. That should be amended to ten (10) days pursuant to the LDR's that have been passed. Ms. McCarty moved approval of the Consent Agenda, as amended, 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. REGULAR AGENDA -3- 10/23/90 9.A. Extension of Site and Development Plan. The Commission is to consider a request for a site and development plan extension for The Groves, a proposed 145 unit apartment complex, located south of S.W. llth Street between S.W. 8th and 10th Avenues. Denial is recommended. David Kovacs, Planning Director, stated there were two actions before the Commission (1) the extension request and (2) the site plan modification. Mr. Kovacs recommended the extension request be referred back to Planning and Zoning Board for a formal recommendation and dis- cussion at the second meeting in November with respect to the pending request for extension of the previous approved site plan. It was the consensus of the Commission to remand the extension request back to the Planning and Zoning Board, with Planning and Zoning coming back to the Commission with their findings on November 27, 1990.. Cliff Hertz, representing the applicants, stated they are requesting a postponement with respect to the site plan modification in order to address staff comments that were added since the initial report. In reply to Ms. McCarty, Mr. Hertz stated a two week post- ponement would be sufficient time needed before coming back to Commis- sion with their comments. Mayor Lynch advised Mr. Hertz to address the Planning and Zoning Board with regard to the added comments, in order for them to have a more informed decision before coming back to the Commission. Mr. Kovacs stated any information Mr. Hertz would like to provide should go through the City Manager's office. Ms. McCarty moved postponement of this item until November 13, to be put at the beginning of the regular agenda, 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 - No. Said motion passed with a 4 to 1 vote. 9.B. Major Site Plan Modification. The Commission is to consider a request for a site plan approval and extension for the redesign of the Delray Bay Apartments (formerly Crosswinds), a proposed 252 unit multi- ple family dwelling development, located west of Homewood Boulevard, south of Linton Boulevard and north of Germantown Road. Approval is recommended. A discussion relative to the issue for site plan approval and extension for the redesign was had with the City Commission and Gary Jahraus, representative of Delray Bay Partners. Ms. McCarty moved approval of the major site plan modification, subject to the conditions of the Planning and Zoning Board, with a one (1) year extension from the current expiration date of February 1991, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. McCarty - Yes; Mr. -4- 10/23/90 Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. Conditional Use Request. The Commission is to consider a request for conditional use approval for a 20 space, off-site parking lot on property zoned RM-15, located on the west side of Salina Avenue approximately 300 feet south of Atlantic Avenue in order to accommodate the proposed expansion of the Bermuda Inn. Denial is recommended. This item has been withdrawn by the applicant. 9.D. Conditional Use Request. The Commission is to consider a request for conditional use approval for the establishment of a church, New Jerusalem Church of God in Christ, to be located on the south side of S.W. 3rd Street, between S.W. 7th and S.W. 8th Avenues. Denial is recommended. Reverend Herbert Young, 47 S.W. 5th Avenue, stated they are willing, in spite of a few problems, to adjust the plans in order to meet the City Code. He stated the church is needed because of the heavy drug problem in that area which would also help the police. Zerlean Williams, resident, stated, for the record, that she is not against churches, but is concerned about the development of the City and is opposed to the overdevelopment of churches in this area. Mr. Randolph stated there has not been any turmoil in this City even with the abundant amount of churches in the area. He stated it is hard to vote against a church, and would hope that possibly this church could be scaled down. Mr. Randolph moved approval of the conditional use request, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Ms. McCarty - No; Dr. Alperin - No; Mr. Andrews - No; Mr. Ran- dolph - Yes; Mayor Lynch - No. Said motion FAILED with a 4 to 1 vote. PUBLIC HEARINGS - 7:00 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. 47-90. Ordinance No. 47-90, annexing various parcels located east of Military Trail and north of the L-33 Canal with initial zoning of GC (General Commercial) District and AG (Agricultural) District, 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. 47-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH SIX (6) PARCELS OF LAND LYING AND BEING IN -5- 10/23/90 SECTION 13, TOWNSHIP 46 SOUTH, RANGE 41 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED NORTH OF WEST ATLANTIC AVENUE ON THE EAST SIDE OF MILITARY TRAIL, TYING NORTH OF THE L-33 CANAL; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND, PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, IN PART, AND AG (AGRICULTURAL) DISTRICT, IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 47-90 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. Dr. Alperin moved approval of Ordinance No. 47-90, 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. 10.B. Ordinance No. 48-90. Ordinance No. 48-90, amending the Code of Ordinances by repealing Section 92.32 "Dockage Agreement" and enacting a new Section 92.32 to provide for a Marina license agreement and updated Marina rules and 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 48-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, TITLE IX, "GENERAL REGULATIONS", CHAPTER 92, "BOATS AND BOATING", SUB- HEADING, "CITY MARINA", SECTION 92.32, "LICENSE AGREEMENT FOR BOAT DOCKAGE"; TO PROVIDE THAT A LICENSE AGREEMENT MUST BE EXECUTED BY EACH LICENSEE OF DOCK SPACE AT THE CITY MARINA; TO PROVIDE THAT THE FORM AND TERMS OF THE LICENSE AGREEMENT SHALL BE APPROVED BY THE CITY COMMISSION AND SHALL BE KEPT ON FILE FOR PUBLIC INSPECTION OF ITS TERMS AND CONDITIONS AT THE OFFICE OF THE CITY CLERK AND IN THE OFFICE OF THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT; BY REPEALING SECTION 92.34, "RULES AND REGULATIONS", TO PROVIDE THAT ALL LICENSEES AT THE CITY MARINA ARE SUBJECT TO RULES AND REGULATIONS AS PROMULGATED AND APPROVED BY THE CITY COMMISSION, SAID RULES TO BE POSTED AT THE CITY MARINA AND FURTHER PROVIDING THAT A COPY OF THE RULES AND REGULATIONS SHALL BE DISTRIBUTED TO ALL LICENSEES AND KEPT ON FILE IN THE OFFICE OF THE -6- 10/23/90 CITY CLERK AND IN THE OFFICE OF THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT FOR PUBLIC INSPECTION; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 48-90 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. Mr. Randolph moved approval of Ordinance No. 48-90, seconded by Mr. Andrews. 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 Ms. McCarty left the Commission Chambers. The City Attorney advised that as a companion to this item it would be appropriate to move approval of the Rules and License Agreement which is attached to the backup materials. Mr. Andrews moved approval of the Rules and License Agreement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews. Said motion passed with a 4 to 0 vote. 10.C. Ordinance No. 49-90. Ordinance No. 49-90, amending the Code of Ordinances by enacting a new Section 8.4.16 "Stormwater Management Assessments" to provide the method for imposing and collecting annual Stormwater Management Assessments; enforcing collection of delinquent assessments; and calculating assessment rates, 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. 49-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8.4.2, "DEFINITIONS", BY ENACTING A NEW SECTION 8.4.16, "STORMWATER MANAGEMENT ASSESSMENTS"; PROVIDING FOR DEFINITIONS; PROVIDING A METHOD OF IMPOSING AND COLLECTING ANNUAL STORMWATER MANAGEMENT ASSESSMENTS FOR THE BENEFIT OF THE CITY OF DELRAY BEACH'S STORM- WATER MANAGEMENT PROGRAM; PROVIDING A METHOD OF ENFORCEMENT OF DELINQUENT STORMWATER MANAGEMENT ASSESSMENTS; PROVIDING FOR PUBLIC HEARINGS AND NOTIC- ES; ESTABLISHING A BASIS OF CALCULATION OF STORMWATER MANAGEMENT ASSESSMENTS; PROVIDING A SAVING CLAUSE; -7- 10/23/90 PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Ordinance No. 49-90 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. Sam Schwimer, Pines of Delray, questioned how much the charge would be for their condominium for preparation of their budget. The City Manager stated he has estimates available and will supply them to the residents of the condo associations upon request. The public hearing was closed. Dr. Alperin moved approval of Ordinance No. 49-90, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch,- Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.D. Ordinance No. 50-90. Ordinance No. 50-90, amending the Code of Ordinances by enacting new Sections 96.65 and 96.66 to provide for the imposition of flat rate fees for the use of basic life and advanced life support services, 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. 50-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 96, "FIRE PREVENTION; FIRE- WORKS", BY ENACTING A NEW SUBHEADING, "EMERGENCY MEDICAL SERVICES", BY ENACTING A NEW SECTION 96.65, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS; BY ENACTING A NEW SECTION 96.66, "EMERGENCY MEDICAL SERVICES; FEES"; TO PROVIDE FOR THE IMPOSITION OF FEES ON A FLAT RATE BASIS FOR THE USE OF BASIC LIFE SUPPORT SERVICES AND ADVANCED LIFE SUPPORT SERVICES; BY ENACTING SECTION 96.67, "BILLING AND COLLECTION OF EMERGENCY MEDICAL SERVICE FEES; COSTS AND ATTORNEYS' FEES"; PROVIDING A SAVINGS CLAUSE, PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 50-90 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. -8- 10/23/90 Mr. Randolph moved approval of Ordinance 50-90, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.E. Ordinance No. 51-90. Ordinance No. 51-90, amending the Code of Ordinances by amending Subsection 35.090 (A) to provide that former De- partment Heads who had opted out of the General Employees Retirement Plan shall not be eligible to participate in the Plan and providing the Assistant Director positions created in the reorganization of the En- vironmental Services Division with the option to "opt out" of the Plan provided that those positions are filled prior to January 1, 1991, 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. 51-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRA- TION'', CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS" SUBHEADING "RETIREMENT PLAN", SECTION 35.090, "ELIGI- BILITY; PARTICIPATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SUBSECTION 35.090(A) TO PROVIDE THAT FORMER DEPARTMENT HEADS WHO HAD OPTED OUT OF THE RETIREMENT PLAN SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE PLAN AND FURTHER PROVIDING THAT THE ASSISTANT DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC UTILITIES AND ASSISTANT DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER IF HIRED PRIOR TO JANUARY 1, 1991, MAY ELECT NOT TO PARTICIPATE IN THE RETIREMENT PLAN; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 51-90 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. Dr. Alperin moved approval of Ordinance No. 51-90, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.F. Request ~or Waiver to the Sign Code. The Commission is to consider a request for a waiver of the sign code to permit a 64 square foot flat wall sign at the Abbey Delray ACLF located at 2000 Lowson Boulevard. Prior to consideration a public hearing has been scheduled to be held at this time. -9- 10/23/90 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 Manager presented the background of this issue. The public hearing was closed. Mr. Lynch passed the gavel to Deputy Vice Mayor Andrews and moved approval for the request of a waiver to the sign code, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Lynch - Yes; Dr. Alperin - No; Deputy Vice-Mayor Andrews - No. Said motion FAILED with a 2 to 2 vote. PUBLIC COMMENT - NON AGENDA ITEMS ll.A.1. Lorraine Kasper, resident, stated she was disturbed to see a variance listed on the consent agenda. She feels all variances should be open to public discussion. ll.A.2o Bob Stump, Crosswinds resident, stated he feels the residents have been badly used by both the City and the developers who are playing games at the residents' expense. ll.A.3. Jean Beer, Tropic Isle, stated she is appalled that dock vari- ances do not require public hearings. In response to Mayor Lynch, the City Attorney advised the Code states dock variances do not require public hearings, although the public can speak with regard to the issue. FIRST READINGS 12.A. Ordinance No. 52-90. Ordinance No. 52-90, adopting Amendment 90-1 to the Comprehensive Plan, is before the Commission for considera- tion on First Reading. If passed, Public Hearing will be held November 13, 1990. The City Manager presented Ordinance No. 52-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 90-1 PURSUANT TO THE PROVISIONS OF THE "COUNTY AND MUNICIPAL PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES CHAPTER 163; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Andrews discussed this item for clarification. Ms. McCarty returned to the Commission Chambers during the discussion of this item. Mr. Andrews moved approval of Ordinance 52-90 on First Reading, with the amendment of reinstatement of Snorkel Park, seconded by Mr. -10- 10/23/90 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. 12.B. Ordinance No. 53-90. Ordinance No. 53-90, amending the Code of Ordinances by repealing sections in Chapter 36 which duplicate the Consultants Competitive Negotiation Act, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held November 13, 1990. The City Manager presented Ordinance No. 53-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRA- TION'', CHAPTER 36, "FINANCE; CITY PROPERTY TRANSAC- TIONS'', SUBHEADING, "CONTRACTS FOR PROFESSIONAL SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 36.16, "INTENT", SECTION 36.17, "DUTIES OF ADMINISTRATION", SECTION 36.18, "ANNOUNCEMENT REQUIRED; PROCEDURE", SECTION 36.19, "EVALUATION, CERTIFICATION OF APPLICANTS", SECTION 36.20, "COMPETITIVE SELECTION", SECTION 36.21, "COMPETITIVE NEGOTIATION", SECTION 36.22, "RULES OF PROCEDURE REQUIRED", SECTION 36.23, "APPLICATION TO INDEPENDENT AGENCIES"; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. At this time Mr. Randolph left the Commission Chambers. Ms. McCarty moved approval of Ordinance No. 53-90 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 12.C. Ordinance No. 54-90. Ordinance No. 54-90, amending the Land Development Regulations by amending Section 4.6.13 "Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles", is before the Commission on First Reading. If passed, Public Hearing will be held November 13, 1990. The City Manager presented Ordinance No. 54-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 4, "ZONING REGULA- TIONS'', ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULA- TIONS'', SECTION 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", SUBSECTION (B), "PERMISSIBLE PARKING", BY AMENDING SUBSECTION (B) (1), "TRUCKS", TO PROHIBIT -11- 10/23/90 PARKING OF TRUCKS OR SIMILAR VEHICLES RATED AT GREATER THAN ONE (1) TON R-1AA DISTRICT AND TO PROHIBIT THE PARKING OF MORE THAN TWO TRUCKS OR SIMILAR VEHICLES ON ANY PLOT; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised because of a typographical error "R-1AA" should read "R-lA." Mr. Randolph returned to the Commission Chambers at this time. The Commission discussed this issue and Lula Butler, Director of Community Improvement, and Mr. Kovacs showed a slide presentation. Alice Finst, 707 Place Tavant, stated the homeowners league of Chatelaine made a request for no open storage. Ms. McCarty moved to have this issue workshopped at the meeting of November 7, 1990, seconded by Mr. Andrews. 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. 12.D. Ordinance No. 55-90. Ordinance No. 55-90, amending the Land Development Regulations by enacting a new section "Adult Entertainment Establishments"' to provide for the existence of adult establishments, as conditional uses, in specific zoning districts, is before the Commis- sion for consideration on First Reading. If passed, Public Hearing will be held November 13, 1990. The City Manager presented Ordinance No. 55-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER ONE, "GENERAL PROVISIONS", ARTICLE 1.4, "INTERPRETATION, ENFORCEMENT, AND PENALTIES", SUBSECTION 1.4.5, "DEFI- NITIONS'', BY ADDING DEFINITIONS FOR "ADULT ARCADE", "ADULT BOOKSTORE/ADULT VIDEO STORE", "ADULT DANCING ESTABLISHMENT" , "ADULT ENTERTAINMENT ESTABLISHMENT" , "ALCOHOLIC BEVERAGE ESTABLISHMENT" , "NUDITY" , AND "PARTIAL NUDITY" , BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS;', ARTICLE 4.3, " DISTRICT REGULATIONS, GENERAL PROVISION", SUBSECTION 4.3.3, "SPECIAL RE- QUIREMENTS FOR SPECIAL USES", BY ADDING A NEW SUBSEC- TION (AA), PROVIDING GENERAL REGULATIONS AND SPECIAL CONDITIONS UPON SUCH ESTABLISHMENT; BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SUBSECTION 4.4.9, "GENERAL COMMER- CIAL (GC) DISTRICT, SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A CONDITIONAL USE AND RENUMBERING -12- 10/23/90 THE REMAINING CONDITIONAL USES ACCORDINGLY; BY AMEND- ING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SUBSECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A CONDITIONAL USE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Ms. McCarty questioned if there was some sort of a map to show where in town the adult establishments could be constitutionally allow- ed. The City Attorney advised this information could be supplied to her. Mr. Andrews stated he would like to see an impact fee that would bond or create enough income to support extra police service to assure undesired results do not occur. The City Attorney stated there could be a separate ordinance relative to the impact fee, but there should be a study done to deter- mine the appropriate fee and the effects from it. Ms. McCarty moved approval of Ordinance No. 55-90 on First Reading, seconded by Mr. Alperin. 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. 12.E. Ordinance No. 56-90. Ordinance No. 56-90, amending Section 113.20 of the City Code to provide that no employee of, or person having an independent contractual relationship with, the owner or operator of an alcoholic beverage establishment shall engage in nudity or partial nudity in any alcoholic beverage establishment, is before the Commission on First Reading. If passed, Public Hearing will be held November 13, 1990. The City Manager presented Ordinance No. 56-90: 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 AMENDING SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS", SUBSECTION (B), °NUDITY, PARTIAL NUDITY, AND SEXUAL CONDUIT PROHIBIT- ED", PROVIDING THAT ANY EMPLOYEE OF, OR PERSON HAVING AN INDEPENDENT CONTRACTUAL RELATIONSHIP WITH, THE OWNER OR OPERATOR OF AN ALCOHOLIC BEVERAGE ESTABLISH- MENT SHALL BE PROHIBITED FROM ENGAGING IN NUDITY OR PARTIAL NUDITY WITHIN ANY ALCOHOLIC BEVERAGE ESTAB- LISHMENT; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -13- 10/23/90 The City Attorney read the caption of the ordinance. The City Attorney advised this ordinance is an amendment to the one previously done. Ms. McCarty moved approval of Ordinance 56-90 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. At this time the Commission returned to the Regular Agenda. 9.E. Site Plan Approval. The Commission is to consider a request for site plan approval for a motor vehicle emissions testing facility to be located on Lot 2 of the Corporate Tech Center located on the east side of Congress Avenue, north of the L-30 Canal. Approval is recom- mended. Ms. McCarty moved approval of the site plan approval, 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.F. Extension of Conditional Use and Site Plan Approval. The Commission is to consider a request for an extension of conditional use and site plan approval for the Wallace Dealership located between the Federal Highway pairs. Approval is recommended. Ms. McCarty moved approval of the extension of conditional use and site plan approval, 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.G. Extension of Golf Course Management Contract. The Commission is to consider approving the automatic one year extension (through December 31, 1991) of the contract between the City and Gerecter and Dubin for the management of the Municipal Golf Course. Additionally, consider payment of an incentive bonus as provided for in that contract. The City Manager presented some brief information regarding the contract and agreements relative to this issue. Dr. Alperin moved approval of the extension of the golf course management contract, 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. 9.H. Delray Affair. The Commission is to consider a request from the Delray Beach Chamber of Commerce for approval of the Delray Affair event; City services; partial waiver of charges for City services (overtime) and, waiver of hold harmless provisions of the event permit. -14- 10/23/90 Ms. McCarty moved approval of the Delray Affair, subject to the conditions stated in the City Manager's memorandum of October 18, 1990, 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.I. Special Events Request. The Commission is to consider a request from the Peach Umbrella Association to hold a special event (Fall Festival) on November 10th, from 8:00 A.M. until 5:00 P.M. within the 400 block of West Atlantic Avenue. Ms. McCarty moved approval of the special events request, 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.J. Waiver of Insurance Requirements. The Commission is to consid- er a waiver of the liability and indemnification policies for Williams, Hatfield and Stoner, the engineer selected to provide design services for the Pineapple Grove beautification project. At this time Mr. Andrews left the Commission Chambers. The City Attorney's memo was read to clarify any discrepancies regarding insurance. Mayor Lynch stated he would accept the waiver of the Hold Harmless Agreement, and hold them to indemnify the City up to the $5,400 which is the amount of the contract. In the City's requirements for any subcontractor or independent contractor, the City would have the same requirements of general liability, professional, and workmen's comp insurance requirements. Dr. Alperin moved approval of the waiver of insurance require- ments, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. At this time Mr. Andrews returned to the Commission Chambers. 9.K. Appointments to The Board of Construction Appeals. The Commis- sion is to consider the Mayor's appointment of a member to the general contractors position to a term ending August 31, 1992; Seat 3 appoint- ment of a member to the master plumber position to a term ending August 31, 1991; and Seat 2 appointment of a member to the air conditioning contractor position to a term ending August 31, 1992. Mayor Lynch postponed his appointment until the meeting of November 7, 1990. Dr. Alperin moved to appoint Richard Morris as the air condi- tioning contractor, seconded by Ms. McCarty. Upon roll call the Commis- sion voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. -15- 10/23/90 Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Mr. Andrews postponed his appointment until the meeting of November 7, 1990. 9.L. Appointment of a Member to the General Employees Retirement Fund Committee. The Commission is to consider appointing a member to fill the vacant secretary position on the General Employees Retirement Fund committee. Seat 4 Appointment. Mr. Randolph moved to appoint Mr. Joe Safford, Finance Direc- tor, 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. Landscape Plans. The Commission is to consider the review of landscaping plans for Congress Avenue between Linton Boulevard and Lake Ida Road. Nancy Davila, City Horticulturist, stated this project extends from Lake Ida Road to Linton Boulevard in which there are nine land- scaped medians. As this is a County road, permits have to be issued through the County, and they have certain requirements that have to be taken into consideration. A brief slide presentation was given by Nancy Davila. Ms. McCarty moved approval of the landscape plans, seconded by Dr. Alperin. 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. 9.N. Resolution No. 104-90. Resolution No. 104-90, for the issuance of not exceeding $50,000,000 aggregate principal amount of Water and Sewer Revenue Bonds for the purpose of financing and refinancing the costs of certain additions, extension and improvements to the City's combined public utility, is before the Commission for consideration. The caption of Resolution No. 104-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39-88 BY AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $50,000,000 WATER AND SEWER REVENUE BONDS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF FINANCING AND REFI- NANCING THE COSTS OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY AND PROVIDING FOR THE TERMS AND PAYMENT OF SAID WATER AND SEWER REVENUE BONDS, AND THE RIGHTS, REMEDIES AND SECURI- TY OF THE HOLDERS OF THE WATER AND SEWER REVENUE BONDS, MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN -16- 10/23/90 CONNECTION WITH THE ISSUANCE OF THE WATER AND SEWER REVENUE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 104-90 is on file in the official Resolution Book) Ms. McCarty moved for adoption of Resolution No. 104-90, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.0. Resolution No. 105-90. Resolution No. 105.90, setting forth the City's position with regard to the jurisdiction and authority of the Palm Beach Countywide Planning Council, is before the Commission for consideration. The caption of Resolution No. 105-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AND SETTING FORTH ITS POSITION REGARDING THE JURISDICTION AND AUTHORITY OF PALM BEACH COUNTYWIDE PLANNING COUNCIL. (Copy of Resolution No. 105-90 is on file in the official Resolution Book) Ms. McCarty moved for the adoption of Resolution No. 105-90, seconded by Mr. Randolph. Mayor Lynch stated an amendment be added in agreement of the motion, and the City will send a letter with it to both the Planning Council and the Municipal League, stating the City is supporting the resolution based upon the reasonings stated, but the City is not sup- porting the way the Municipal League has handled it. The City feels the Municipal League has done a very poor job of communicating with the City. The City Attorney advised the letter is to be delivered tomor- row morning. Ms. McCarty amended her motion to reflect the Mayor's comments, Mr. Randolph amended his second. 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.P. (8.H.) Request for Variance. The Commission is to consider approval of a request from the property owner at 906 Iris Drive to construct a boat lift 19 feet above the waterway adjacent to his proper- ty. Approval is recommended. In reply to Ms. McCarty, William Greenwood, Director of Public Utilities, stated he did not know if what would be done had to be done in order to have the canal dredged. Mr. Greenwood stated he would have this investigated. -17- 10/23/90 Jerry Merkel, Tropic Isle, questioned if the adjacent property owners been asked their opinion since the pilings, along with the boat, will extend at least 24 feet into the canal and 12-15 feet up in the air. Mayor Lynch stated the City ordinance does not require a public hearing on this type of issue, but possibly it should be done. Mr. Andrews moved to deny the request for variance, 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. 9.Q. (8.I.) Request for a Variance. The Commission is to consider a request for a variance to construct a boat lift at 1230 South Ocean Boulevard 20 feet over the waterway, with zero setback. Approval is recommended. Ms. McCarty moved to deny the request for a variance, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Ms. McCarty - Yes. Said motion passed with a 4 to 1 vote. 9.R. (8.C.) Change Order No. 5. The Commission is to consider approval of Change Order No. 5, in the amount of $139,000 to the con- tract between the City and Data Flow Systems for the installation of 32 additional remote telemetry units in sewage lift stations throughout the City. Funding is available in 1984 Revenue Bond Lift Station Telemetry (Account No. 441-5162-536-60.36). Approval is recommended. Mayor Lynch stated he is opposed to change orders as they indicate a mistake in the original bid. Ms. McCarty moved approval of Change Order No. 5, 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. 9.S. (8.D.) Change Order No. 1. The Commission is to consider approval of Change Order No. 1, in the amount of $14,616, to the con- tract between the City and Florida Consulting Engineers, Inc. for the digitizing of 18 base map sheets to show water, sewer, and drainage networks. Funding is available in Engineering Services (Account No. 001-2911-519-33.11). Approval is recommended. Ms. McCarty moved approval of Change Order No. 1, 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.T. (8.E.) Change Order No. 2. The Commission is to consider approval of Change Order No. 2, in the amount of $3,193, to the contract between the City and All Green Lawn Sprinklers, Inc. for the install- ation of additional Dahoon Hollies and Lantana depressa along North Federal Highway. Funding is available in 1987 Utility Tax-Federal Highway-Linton to North End (Account No. 333-4141-572-61.27). Approval is recommended. -18- 10/23/90 Ms. McCarty moved approval of Change Order No. 2, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; - Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.U. (8.F.) Change Order No. 2. The Commission is to consider approval of Change Order No. 2, in the amount of $6,580, to the contract between the City and All Green Lawn Sprinklers, Inc. to provide three jack and bores for irrigation; replace sod; and install electric lights to uplight the entry sign located in the large landscape island on North Federal Highway. Funding is available in 1987 Utility Tax-Federal Highway-Linton to North End (Account No. 333-4141-572-61.27). Approval is recommended. Ms. McCarty moved approval of Change Order No. 2, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 9.V. Motion in support of Amendment No. 3. Dr. Alperin stated his only concern is that the public is made aware that this new Commission also endorses the Amendment No. 3. Dr. Alperin moved to support the passage of Amendment No. 3 and support of the previously adopted resolution, 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. 9.W. Request To Hold Food and Clothing Drive. The Commission is to consider a request to hold a Classic Car Show, November 10th in the old Bill Wallace car lot located on S.E. 9th Avenue between S.E. 5th and 6th Avenue. The proceeds from this event will be used to provide food and clothing to the hungry and homeless and will go to the Emergency Family Fund of the 243rd Division of the National Guard. It will be staff's discretion as to what time this event will end for the evening. Ms. McCarty moved approval of the Classic Car Show, time not to exceed 10:00 P.M., with consideration to staff's decision. 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. 13.A.1. Mr. Randolph stated he would like to be informed of items pulled from the agenda before he spends time reviewing them. 13.A.2. Mr. Andrews expressed his dissapointment with the landscaping on North Federal Highway, and commented that there was a specific item regarding this landscaping that was denied by the Commission but was installed anyway. He feels negotiations and talk are of no value. 13.A.3. Dr. Alperin had no comments or inquiries. -19- 10/23/90 13.A.4. Ms. McCarty questioned if any people have submitted their names for her replacement. Mayor Lynch stated there were 4 or 5 names of people who have stated an interest in Ms. McCarty's position. Ms. McCarty questioned what the process would be for the evening of November 13, which will be her last meeting. In reply to Ms. McCarty, the City Attorney advised that she will not vote on her replacement, and the replacement has to be appoint- ed within two regular meetings from the time of resignation. 13.A.5. Ms. McCarty questioned if there was a policy issue as to retirement parties or functions for retirees. Mr. Harden stated he knows of no such policy. 13.A.6. Mayor Lynch recommended that the Commission put the format of replacing Ms. McCarty on the workshop meeting of November 7, 1990. 13.B.1. The City Attorney had no comments or inquiries. 13.C.1. The City Manager had no comments or inquiries. Mayor Lynch declared the meeting adjourned at 10:10 P.M. ~i{y Clerk / 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 October 23, 1990, which minutes were formally approved and adopted by the City Commission on~gy/r~/~ ~ /~. ! -20- 10/23/90 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. -21- 10/23/90