Loading...
11-13-90 NOVEMBER 13, 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., Tuesday, November 13, 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 Phipps, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Lynch stated item 9.M. has been added to the Regular Agenda. Dr. Alperin moved for approval of the agenda, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: 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 for approval of the minutes of the Regular Meeting of October 23, 1990 and the Special Meeting of October 16, 1990, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations. A. Mayor Lynch read a proclamation proclaiming November 20, 1990, as "Golf Day". Brahm Dubin, Manager of the Delray Beach Municipal Golf Course, came forward to accept the proclamation. B. Mayor Lynch presented a proclamation proclaiming the week of November 18-25, 1990, as the "50th Anniversary of National Bible Week" 7. Presentations: 7.A. Resolution No. 109-90: Resolution No. 109-90, commending Commissioner Mary McCarty for her dedicated service as a City Commissioner with the City of Delray Beach, is before the Commission for consideration. The caption of Resolution No. 109-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, COMMENDING RETIRING COMMISSION MEMBER MARY McCARTY. (Copy of Resolution No. 109-90 is on file in the official Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 109-90, 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. Mayor Lynch presented Ms. McCarty with a plaque and a key to the City, in addition to the proclamation. Ms. McCarty thanked the Commissioners, the public and the City staff for their help. 7.B. Fred Serlio, City of Delray Beach Employee - Presentation of Framed Picture of George Washington from the original City Hall. Mr. Sergio, a City employee for the past 28 years, presented a picture of George Washington, which had been located in the original City Hall, to the City Commission. CONSENT AGENDA The following items were considered by the Commission as the Consent Agenda: 8.A. Vocational Education Agreement. The Commission is to consider an agreement between the City and the Palm Beach County School Board to provide vocational education programs for City employees. Approval is recommended. 8.B. Waiver of Contract Provisions. The Commission is to consider approval of a request from Prearrangements, Inc., for waiver of the annual audit as required by the contract for the marketing and manage- ment of the Municipal Cemetery. Approval is recommended. 8.C. Acceptance of Grant Funding. The Commission is to consider accepting a grant funding in the amount of $24,000 for the development of Banker's Row and establishing an expenditure account. Approval is recommended. 8.D. Authorization to Initiate Litigation. The Commission is to consider approval of a request from the City Attorney's Office to initiate litigation against Solo Construction. Approval is recommended. -2- 11/13/90 8.E. Authorization to Incorporate Charter Amendment in City's Charter and Attendant Actions. The Commission is to consider author- izing the incorporation of a charter amendment in the City's Charter, codification of a Charter Amendment and a filing with the Department of State. Approval is recommended. 8.F. Final Plat Apprpval. The Commission is to consider approval of a final plat for the Reikse Subdivision located on the east side of S.E. 7th Avenue between S.E. 3rd and 4th Streets. Approval is recommended. 8.G. Women's Club Parking Lot. The Commission is to authorize staff to proceed with the paving of the Women's Club parking lot. Approval is recommended. 8.H. Resolution No. 110-90. Resolution No. 110=90, rescinding and repealing Resolution No. 74-90, is before the Commission for considera- tion. Approval is recommended. The caption of Resolution No. 110-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RESCINDING AND REPEALING RESOLUTION NO. 74-90 AND PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 110-90 is on file in the official Resolution Book) 8.I. Resolution No. 111-90. Resolution No. 111-90, for the acquisi- tion of property needed for the construction of a new Fire Station No. 1 facility, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 111-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION IN FEE SIMPLE OF CERTAIN REAL PROPERTY, BEING A PORTION OF BLOCK 20, TOWN OF DELRAY AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 3 AND 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FOR THE PUBLIC PURPOSE OF BUILDING A NEW FIRE STATION FACILITY NO. 1, FINDING THAT THE ACQUISITION OF SAID PROPERTY IS REASONABLE NECESSARY FOR THE CONSTRUCTION OF A NEW FIRE STATION FACILITY NO. 1; PROVIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 111-90 is on file in the official Resolution Book) 8.J. Designation of Funding Source. The Commission is to consider designating a source of funding to support the acquisition of property -3- 11/13/90 necessary for the construction of a new Fire Station No. 1 facility. Approval is recommended. 8.K. Award of Bids and Contracts. 1. Scott Air Paks, Spare Tanks, and Personal Alert Safety System - Fire Department - Safety Equipment Company in the amount of $41,414 with funding from Fire/EMS Operations Equip- ment Other (Account No. 001-2315-526-60.89). 2. Bus Rental Services - Parks and Recreation - Dempsaco in the estimated annual amount of $17,000 with funding from Parks Athletics Football (Account No. 001-4121-572-33.84) and After- school Program Misc. (Account No. 001-4121-572-34.11). 3. Monitor/Defibrillators and Battery Support Systems - Fire Department - Physio Control Corp., in the amount of $53,220 plus shipping with funding from Fire/EMS - Equipment Other (Account No. 001-2315-526-60.89). 4. Water Meters - Annual Contract - Sunstate Meter and Supply, Inc., in an estimated amount of $80,000 with funding from Public Utilities/Operating Capital - Meters (Account No. 441-5161-536-60.87). 5. Atlantic Avenue Greenway - Phase II - Aquamatic Sprinkler Systems, Inc., in the amount of $53,190.85 with funding from 1987 Utility Tax Bond/Greenway Plan (Account No. 333-4141-572-61.36). Dr. Alperin moved for approval of the Consent Agenda, 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. REGULAR AGENDA 9.A. Review and Acceptance of Appealable Advisory Board Actions. The Commission is to consider accepting actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board. Approval is recommended. The City Manager stated the purpose of this is to allow the Commission the opportunity to discuss action taken, by any of the Boards, they may not be in total agreement with. Dr. Alperin questioned the procedure to be used in filing an appeal. David Kovacs, Planning Director, stated it will be according to the rules and procedures of the Commission, the most common being when a member requests that an item be considered at the next meeting under a formal appeal as directed by the Mayor or a Commission member. The City Attorney advised it should be done by motion, as opposed to direction of the Mayor. -4- 11/13/90 Ms. McCarty moved for approval of the Advisory Board actions, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: 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.B. Appointment to the Special Adjustment Advisory Board. The Commission is to consider appointing a Commission member to serve on the Special Adjustment Advisory Board in accordance with the Land Develop- ment Regulations. Approval is recommended. Mayor Lynch stated a Commissioner needs to be appointed to this Board, which will consist of a Commissioner, a P&Z Board member and the Chief Building Official. Ms. McCarty moved for the appointment of Mr. Andrews, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.C. Major Site Plan Modification. The Commission is to consider a request for site and development plan modification for The Groves, a proposed 145-unit apartment complex, located south of S.W. llth Street between S.W. 8th and 10th Avenues. Planning and Zoning Board recommends denial (3-2 vote/two abstaining). Mr. Kovacs stated at the last Commission Meeting the attorney representing the project requested a continuation in order to discuss this with the City Attorney regarding the P&Z actions and that discus- sion has taken place. Cliff Hurtz, representing the applicant, stated there has been much discussion among the owners and they are requesting that proceed- ings begin on the modified site plan currently on file. He feels the appearance and general layout of the development is compatible and harmonious with adjacent and nearby properties to avoid substantial depreciation of property values. The Community Appearance Board has approved the site plan. According to the Commission and the recommend- ation of staff, there seems to be some inconsistency with the Compre- hensive Plan as a result of this being a low-income housing project. The first inconsistency noted is that it would be incompatible with the School Board's racial balance policy and he feels there has been no evidence or affirmation showing that this project would adversely affect the racial balance, but merely speculation. Another item noted is that this project conflicts with the City's housing element in the Compre- hensive Plan, in that the City will not entertain programs for addi- tional low-to-moderate-income housing until it identifies, in a Plan Amendment, areas where that would take place. He would like to go on record in stating that the reasons, that were cited previously by P&Z and staff as a basis for denial, were not grounded in any legal basis. Robert Carroll, President of Woods of Southridge Homeowners Association, read a petition into the record requesting denial of The Groves project, as being a low-to-moderate-income, subsidized housing project. -5- 11/13/90 Ms. McCarty questioned what the modification entails. Mr. Carrol stated the general modification is from 160 townhouse units to 144 rental apartment units. Upon question by Mr. Randolph regarding the income range of the development, Tom Henners, representing Florida Affordable Housing, stated the income range is dependent upon the number of bedrooms and the number of persons in the household and/or an income between $20,000 to $25,000 per household. Mayor Lynch requested that Mr. Kovacs explain a reference to a change in the Comp Plan. Mr. Kovacs stated Mr. Carroll's argument is based on the fact that it would be a low-income project and is not germane to a Land Use Site Plan decision. This modification is being brought before the Commission in order to change the character of the project to make sure that it is conducive to the low-income tenant and to a low-income housing project. Mr. Kovacs then reviewed the Standards for Development of Site Plans, Item J, the compatibility issue. Dr. Alperin moved for denial of the modified site plan for The Groves, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 1 vote. 9.D. Lowson Boulevard Traffic Concerns. The Commission is to consider a proposed agreement and recommended actions from the Homeown- ers Associations relative to the Lowson Boulevard traffic issue. Approval is recommended. Mayor Lynch stated an agreement has been worked out between the Sherwood Park/Lowson Boulevard Homeowners and the condominium communi- ties around them. Ms. McCarty stated she is happy a compromise was reached, but she feels that the speed limit should be reduced to 25 mph, since the intense law enforcement is not going to be available. Mr. Randolph stated he feels the speed limit should remain at 30 mph. Upon a request from Mr. Andrews, the City Attorney stated the City has a situation wherein the staff and consulting engineers do not believe the stop signs are warranted. If they do not meet the warrants set forth in the manual, the Department of Transportation has the ability to set a hearing and require the City to remove the stop signs and prevent them from being replaced for a five year period. Dr. Alperin and Mayor Lynch agreed the public has met and reached a compromise and felt the Commission should honor and respect that. Mr. Randolph moved for approval and implementation by staff as agreed upon, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - No; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. -6- 11/13/90 At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. PUBLIC HEARINGS 10.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 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. 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. (Copy of Ordinance No. 52-90 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 the adoption of Ordinance No. 52-90 on Second and FINAL Reading, seconded by Dr. Alperin. The City Attorney stated this Public Hearing should be contin- ued to the 20th of November in order to consider the Capital Improvement Budget. Ms. McCarty amended her motion to continue Ordinance No. 52-90 to November 20, 1990, at 7:00 P.M., Dr. Alperin amended his second. 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.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 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. 53-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 3, -7- 11/13/90 "ADMINISTRATION", CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", 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. (Copy of Ordinance No. 53-90 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 for the adoption of Ordinance No. 53-90 on Second and FINAL Reading, seconded by Ms. McCarty. 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.C. 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 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. 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 -8- 11/13/90 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 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. (Copy of Ordinance No. 55-90 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 for the adoption of Ordinance No. 55-90 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.D. 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 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. 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. (Copy of Ordinance No. 56-90 is on file in the official Ordi- nance Book) -9- 11/13/90 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 for the adoption of Ordinance No. 56-90 on Second and FINAL Reading, seconded by Mr. Randolph. 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.E. Request for Waiver. The Commission is to consider a request from the United Way to waive Code Section 118.27 (C) (3) which provides for an annual registration fee for a charitable organization in the amount of $300. Prior to consideration of passage of this request for waiver, a public hearing has been scheduled to be held at this time. A public hearing was held 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. Andrews moved for approval of the request for waiver, 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. Before roll call the following discussion was had: Dr. Alperin questioned if the City has a policy on the issue of waiving fees for charitable organizations. The City Manager stated he feels it would be appropriate to direct the City Attorney to draft an amendment to the ordinance to take care of this, if the Commission consistently waives the fee for charitable organizations. Upon ques- tion, the City Attorney advised the easiest way to select those organ- izations would be to go with those having a tax-exempt status. The Commission concurred. At this time the roll was called to the motion. 11. Comments and Inquiries on Non-Agenda items From the Public - immediately following Public Hearings. 11.1. Jerry Taylor, representing the Chamber of Commerce, stated he had been requested to appear before the Commission and offer a sugges- tion that the public be enlightened on the status of the $20,000,000 Bond Issue. Mayor Lynch stated on October 1, 1990, a new City Engineer, Mark Gabriel, came on board and the City Manager feels those projects can now be accelerated. This information will be readily available very SOO~. 11.2. Jean Beer, President of the Tropic Isle Association, stated the Association recently held a social at the municipal Golf Course and she would like to compliment the management on the food and to let the public know that the clubhouse is available for parties. -10- 11/13/90 11.3. Vi Hinchliffe, N.W. 4th Avenue, stated she would like the Commission to know that her garbage was not picked up last week because she refused to cart her trash cans out to the street as long as she is paying to have it picked up at the side of the house. She requested that the Commission change the system in her neighborhood. 11.4. Dr. Semmie Taylor, resident, stated he recently came before the Commission relative to property he has owned on West Atlantic Avenue for the past twelve years. He disagrees with the Code Enforcement Depart- ment in issuing a violation citing that the property was vacant for over 180 days after the Glass Company moved out and that the building was not occupied for 180 prior to being occupied by the Glass Company. He provided affidavits and other information verifying these facts to be true, in addition to a check indicating that a conditional use was applied for, and takes exception to the allegations. He requested that the Commission visit the site and give this serious consideration. The City Manager stated a thorough search has been conducted for any record of a conditional use having been granted on this particu- lar property and none has been found. If Mr. Taylor has any additional evidence, other than the check, that there is a conditional use, the City will be delighted to honor it. 11.5. Frank Wheat, realtor in Delray Beach, expressed his praise of Commissioner McCarty, on behalf of the business people he is speaking for, congratulated her on her accomplishments in the City and is looking forward to her serving the people of the County. FIRST READINGS 12. First Readings. None. At this time the Commission returned to the Regular Agenda. Ms. McCarty moved to place Item 9.S. as the next item to be discussed on 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 - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarty left the Commission Chambers at this time. 9.S. Appointment to Fill Unexpired City Commission Term. The Commission is to consider the appointment of a member to fill the unexpired term of Commissioner Mary McCarty to a term ending March 28, 1991. Mayor Lynch announced the names and resumes that have been received to date: Irving Cohn, Armand Mouw, Barbara Smith and Rosalind Murray. Horace Waldman has since withdrawn his name. Those applicants present came forward and gave a brief description of their background and reasons for applying for the position of City Commissioner. Each Commissioner expressed his view of the applicants and Mayor Lynch announced the choice seems to be narrowed down to Barbara Smith and Armand Mouw. -11- 11/13/90 Dr. Alperin moved to appoint Armand Mouw to Commission Seat No. 1, 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. Ms. McCarty returned to the Commission Chambers at this time. 9.E. Request for Conditional Use Approval. The Commission is to consider a request for a conditional use approval to establish a Jiffy Lube vehicle lubrication facility on the out parcel of WalMart Plaza located on the west side of Military Trail south of Linton Boulevard. Mr. Kovacs stated the out parcels already exist so, when the WalMart Plaza was completed, the P&Z Board recommended denial based on site plan considerations. Subsequent to that meeting, the agents have submitted a revised site plan and a request that it be remanded to the P&Z Board. Mr. Kovacs confirmed Ms. McCarty's statement that the Commis- sion will be remanding this item back to the P&Z Board if they are inclined to be agreeable with the use. Upon question by Dr. Alperin, Mr. Kovacs stated this use comes under the old LDRs; but it is also a conditional use in the new LDRs. Kiernan Kilday, representing the applicant, stated a screening wall has been constructed on the Military Trail side of the building, the architecture of the building has been changed and the landscaping has been upgraded. Bruce Rosenwater, representing the condominium owners of the Professional Office Park across the street from the project, stated they have no problem with the Jiffy Lube, but they feel it is inappropriate in that particular location. Dr. Alperin moved to remand the request for a conditional use back to the P&Z Board for site redesign, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - No; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - No. Said motion FAILED with a 3 to 2 vote. Mr. Andrews moved for denial of the conditional use, seconded by Ms. McCarty. Mr. Kilday stated he feels the use is directly related to how it lies on the property. It is a special exception or a conditional use in the City, which says that, technically, it is a permitted use. He explained that one of the reasons the Jiffy Lube is not attached to the WalMart building is due to the nature of the in-and-out use, and that is why these particular buildings stand alone. The City Attorney advised the method to be used is to remand it back to the P&Z Board; otherwise, the Commission can act on the use tonight or postpone it to a future date. -12- 11/13/90 Mr. Kovacs explained that the issues raised by the Commission tonight were not raised at the P&Z Board meeting. They considered the conditional use, but recommended denial, based upon the incompatibility of the site design features and not specifically of the use. Mr. Andrews withdrew his motion, Ms. McCarty withdrew her second. Ms. McCarty made a substitute motion to remand the request back to the P&Z Board for their comments relative to the Commission comments, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 1 vote. 9.F. Request for Waiver - Church of the Palms. The Commission is to consider a request from the Church of the Palms for a waiver of the sidewalk and interior landscaping requirements. Approval is recommend- ed. Ms. McCarty moved for approval of the waiver as recommended by staff, seconded by Dr. Alperin. Glenn Harris, representing Peacock and Lewis Architects, stated a request for the waiver of sidewalks on 22nd Street and Swinton was based on the fact that the sidewalks go nowhere. Mr. Kovacs stated that, since the staff report was submitted to the Commission, the site has been revisited and it has been recommended that the sidewalk not be installed on the west side of Swinton where the parking lot is located. Where there is an existing walk abutting the pavement, it is recommended that the walk be removed and a new walk installed five feet further west. The area between the sidewalk and the travel lane of the pavement could then be sodded. Ms. McCarty amended her motion to include Mr. Kovacs remarks, Dr. Alperin amended his second. Mr. Andrews expressed the feeling that a sidewalk is needed both on Swinton Avenue and 22nd Street. Mr. Harris stated there is a sidewalk along the east side of Swinton Avenue and their request was to install a sidewalk along the northern third of Swinton Avenue. The sidewalk along 22nd Street really goes nowhere, but they would propose allowing the Church to provide this sidewalk at some future time when it would be more meaningful to them. Ms. McCarty withdrew her motion, Dr. Alperin withdrew his second. Mr. Andrews moved to deny the waiver of the sidewalk installa- tion on N.W. 22nd Street, to approve the waiver on the landscaping change and the waiver of the sidewalk on N.W. 1st Avenue, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Ms. McCarty - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. -13- 11/13/90 9.G. Request for Variance - 1230 South Ocean Boulevard. The Commis- sion is to consider approval of a request for a variance to construct a boat lift at 1230 South Ocean Boulevard 20 feet over the waterway, with zero setback. A reconsideration is recommended. Ms. McCarty moved to reconsider the item, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - No; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. Ms. McCarty moved to grant the variance, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - No; Mr. Andrews - Yes. Said motion passed with a 4 to 1 vote. 9.H. Request for Modification of Standards. The Commission is to consider a request from the property owner at 933 Gardenia to maintain two dolphin piles as they were installed. Approval is recommended. Mark Gabriel, City Engineer, stated a permit was issued last year, based on plans showing the location of the two dolphin piles in accordance with the City Standards. To his knowledge, a final inspec- tion was never made. Upon routine inspections, a member of the depart- ment noted that the piles were not installed in accordance with the permit and the contractor was notified. At that time the contractor requested a variance, which was rejected and, subsequently, cited by Code Enforcement. Ms. McCarty questioned, if the Code was waived in order that this could work for the owner, would it negatively impact neighbors in the area. Mr. Gabriel commented that it would affect the neighbors to the west of the site. It is his understanding that an agreement was signed by the homeowners but there is no place to file this agreement. Assistant City Attorney Ruby advised there is nothing in the agreement requiring that it be filed as public record to run with the land. It also contains conditions that would not be binding on subsequent owners Upon question by Ms. McCarty, Mr. Gabriel recommended drafting the pile in a manner allowing use to both property owners. The appli- cant stated he contacted each neighbor, who signed a concurrence in a unilateral agreement that he presented to the City. Ms. McCarty moved to approve the request for Modification of Standards, subject to an agreement that would be acceptable to the City Attorney, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Ms. McCarty - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Dr. Alperin stated a violation of the Code was made and he does not approve of issuing a variance, when there was prior knowledge of a violation. -14- 11/13/90 Upon question by Mr. Andrews, Assistant City Attorney Ruby advised the Commission cannot fine the contractor for not obtaining a final inspection, as that is the jurisdiction of the Code Enforcement Board. If the Commission grants the variance, with conditions, essen- tially the violation is cured. Considerable discussion followed. The applicant commented that the City did not inform him, but on July 14th the City Engineer notified the contractor that his request for a variance had been denied and he had ten days in which to appeal. Upon learning this, it was recommended by Mayor Lynch that staff look into notification procedures regarding owners/representatives and contractors. At this point the roll was called to the motion. 9.I. Request for Tent Permit. The Commission is to consider approv- al of a request from Happy Holidays for a temporary tent permit to erect a tent on property at 3190 South Federal Highway, from November 14, 1990 to December 31, 1990, for their annual Christmas Tree Sale. Approval is recommended. Ms. McCarty moved to approve a request for a tent permit, seconded by Dr. Alperin. Upon roll call the Commission voted as fol- lows: 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.J. Appeal of Site Plan Review and Appearance Board Decision. The Commission is to consider an appeal of a decision made by the Site Plan Review and Appearance Board regarding a sign for World's Best Burger located at N.E. 6th Street and N.E. 6th Street and N.E. 6th Avenue. Approval is recommended. Ms. McCarty moved for denial of the appeal, 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.K. Determination of Intent to Accept Street System. The Commis- sion is to consider declaring an intent to accept the street system within the Fairways of Delray Subdivision as public streets and provid- ing City maintenance for those roadways. Approval is recommended. Dr. Alperin moved for the acceptance of the Fairways street system, 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.L. Appointment to the Board of Adjustment. The Commission is to consider appointing a regular member to the Board of Adjustment to fill the unexpired term of Anthony Veltri to a term ending August 31, 1992. This is a Seat 3 appointment. (Deferred from the Special Meeting of November 7th) -15- 11/13/90 Mr. Andrews moved to appoint Robert Moore as a regular member to the Board of Adjustment, 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. 9.M. Change Order No.1. The Commission is to consider approval of Change Order No. 1 in the amount of $68,628 to the contract between the City and Johnson and Davis, Inc., for expanding the scope of work to the S.E. 1st Street Drainage Improvement project. Funding is to come from the Proposed 1991 Bond Issue ($500,000). The City Manager stated this is a change order expanding the scope of a project to install a 16-inch water main on S.E. 1st Street. This will extend the main further west so that it crosses under south- bound Federal Highway and continues an additional block, crossing under northbound Federal Highway and connecting to a large main on the west side. Dr. Alperin moved for approval of Change Order No. 1, 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.N. Authorization to Retain Outside Counsel. The Commission is to consider authorizing the City Attorney's Office to retain outside counsel to represent the City in the Montalban litigation. Approval is recommended. Upon question by Ms. McCarty regarding the law firm of Mack & Bernstein, of Atlanta, Georgia, the City Attorney stated he, too, would prefer having a local firm represent the City; but since this firm has been involved in the EEOC action, he feels it would not be wise at this time to switch firms. Dr. Alperin moved to authorize the City Attorney to retain Mack & Bernstein as outside counsel, 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. The City Attorney stated, with respect to the claim against Mr. Barry, the City is obligated, pursuant to ordinance and his contract, to provide defense and recommended the firm of Coogler, Watson & Merkel be retained to handle this matter. Discussion followed relative to the procedure used in retaining counsel for City employees, since Mr. Barry would prefer the retention of Attorney Bright. Dr. Alperin moved to approve Mr. Bright as the City's Attorney to represent Mr. Barry, seconded by Ms. McCarty. 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. -16- 11/13/90 9.0. Canal in Tropic Palms. The Commission is to consider authoriz- ing staff to clean the public canal behind Dunlin Road in the Tropic Palms subdivision. Approval is recommended. The City Manager stated some government entities have agencies that are specifically responsible for maintenance of public canals; however, to his knowledge, the City of Delray does not. After discussion, the City Manager stated this will be re- searched further and, if it is learned that it is the responsibility of the City, he feels it should be looked at as part of the stormwater utility and the City should commence building it into the maintenance program. This will be referred to staff with direction to return to the Commission at the November 27th Regular Meeting. The Commission con- curred. 9.P. Resolution No. 108-90. Resolution No. 108-90, amending Resolu- tion No. 46-90 to provide for an extension of the repayment terms of the Line of Credit from December 31, 1990 to December 31, 1991, is before the Commission for consideration. Approval is recommended. The City Manager presented Resolution No. 108-90: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING AND RESTATING RESOLUTION NO. 63-90 ENTITLED, "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF THE NOT EXCEEDING $8,000,000 PRINCIPAL AMOUNT WATER AND SEWER REVENUE BOND ANTICIPATION NOTE, SERIES 1990A, OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO A LINE OF CREDIT MADE AVAILABLE THROUGH SUN BANK/SOUTH FLORIDA, NATIONAL ASSOCIATION, FOR THE PURPOSE OF PROVID- ING SHORT TERM FINANCING FOR THE COST OF DESIGN, ENGI- NEERING AND CONSTRUCTION OF VARIOUS WATER AND SEWER CAPITAL IMPROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY; PROVIDING FOR THE TERMS AND PAYMENT OF SAID WATER AND SEWER REVENUE BOND ANTICIPATION NOTE, SERIES 1990A, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE OF SAID WATER AND SEWER REVENUE BOND ANTICIPA- TION NOTE, SERIES 1990A; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID NOTE; AND PROVIDING FOR AN EFFECTIVE DATE" TO PROVIDE FOR AN EXTENSION OF THE TERMS OF THE LINE OF CREDIT; PROVIDING FOR FURTHER TECHNICAL CORRECTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 108-90 is on file in the official Resolution Book) Mr. Andrews moved for the adoption of Resolution No. 108-90, 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. -17- 11/13/90 9.Q. Approval of City Organizational Chart. The Commission is to consider approval of the revised organizational chart for the City of Delray Beach. Approval is recommended. Ms. McCarty moved for approval of the organizational chart, 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.R. City Manager's Evaluation and Approval of Merit Pay Adjustment. The 'Commission is to consider the evaluation of the City Manager and the approval of a merit pay adjustment. Dr. Alperin stated he has experienced a very positive feeling within himself, emphasized by the response from City employees for respect and the feeling that Mr. Harden is a strong leader who deals fairly with them and City issues. He recommended an evaluation between 5 and 6%. Ms. McCarty stated she feels the City Manager has done a good job, mainly in the area of stabilization, in providing the City and its employees with a feeling that he will be here for some time. She recommended an evaluation of 5% due to the excellent job he has done in this six month period. Mr. Randolph stated he, too, feels the City Manager has done an excellent job, especially coming on board at budget time, and is looking forward to continued progress every day. He recommended an evaluation of 5%. Mr. Andrews stated he would recommend an evaluation of 10%, as he feels the City Manager has earned this by his performance. Mayor Lynch stated he feels the City Manager has brought professionalism, harmony and integrity to the City and staff. He recommended an evaluation of 5 to 6% for an excellent job. Mayor Lynch stated he feels there should be a policy estab- lished regarding bonuses for staff members upon recognition of good work or for ideas that have saved the City money. He further stated, since this would not go into effect until August, he would consider an evalua- tion of 7% for the City Manager. The City Manager commented there might be a misunderstanding with regard to the range of increase, which is from 0 to 7%, contractu- ally, with an average requirement of 5%, which is budgeted. Dr. Alperin moved to approve a 6% salary increase for the City Manager, seconded by Ms. McCarty. Upon roll call the Commission voted as follows: Mayor Lynch - No; Ms. McCarty - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - No. Said motion FAILED with a 3 to 2 vote. Mr. Andrews moved to approve a 7% salary increase for the City Manager, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. McCarty - No; Dr. Alperin - No; Mr. Andrews - Yes; Mr. -18- 11/13/90 Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 3 to 2 vote. 9.S. Appointment to fill Unexpired City Commission Term. (This item was discussed prior to Item 9.E. of the Regular Agenda). 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Randolph questioned if the Commission is agreeable to discussing the Lorenzo Brooks pension issue. He feels this has been delayed long enough. The City Attorney advised this would require an ordinance change in order to accommodate Mr. Brook's request. Upon question by Mayor Lynch, the City Attorney advised the Pension Board recommended denial, as the cost would be $100,000, which would be funded by the City. Mayor Lynch and Mr. Andrews agreed that they would be willing to review this again. 13.A.2. Mr. Andrews stated, with regard to the sale of Residency cards, he feels there should be an alternate method built into those particular programs where families are involved, to assist those that have a lesser ability to pay the $5.50. The Commission concurred to have staff look into this and place this item on a Workshop at a later date. 13.A.3. Dr. Alperin expressed a concern after hearing from numerous Board members that meetings are being inefficiently conducted. He is reiterating his request that some type of program be initiated in order that the Chairmen of the Boards be trained in how to conduct a meeting. 13.A.4. Ms. McCarty questioned if it would be possible to have some type of spot lighting put on the new City signs on Federal Highway. 13.A.5. Ms. McCarty stated she will be sworn in as County Commissioner this coming Tuesday morning at 9:30 A.M. and the public is invited to attend. 13.A.6. Mayor Lynch suggested that, beginning with the next meeting, perhaps the City Manager could start the meeting by informing the Commission as to his response to those questions from the public com- ments and inquiries that took place at the prior meeting. 13.A.7. Mayor Lynch stated there has been discussion relative to having the Property Appraiser's Office schedule a meeting in Delray to explain the procedure to the public. That meeting will be held on November 29th at 4:00 P.M. in the Mahogany Room at the Community Center. The main purpose is to explain the method of how the Property Appraiser's Office works in the City. 13.B.1. The City Attorney stated the Bond validation on the Water and Sewer Bonds is set for December 19, 1990. If all goes well, those bonds should be ready for sale anytime after January 18, 1991. 13.B.2. The City Attorney expressed his pleasure in working with Ms. McCarty and wished her well. -19- 11/13/90 13.C.1. The City Manager expressed his appreciation for the confidence of the Commission and is looking forward to those things now pending and to seeing them come to fruition. He stated that he appreciates and welcomes constructive criticism, as he feels it helps him do a better job and makes him a better person. Mayor Lynch declared the meeting adjourned at 10:15 P.M. City ~l~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 November 13, 1990, which minutes were formal- ly approved and adopted by the City Commission on Q~Dt~ ~ /~/ - City cIeWk 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. -20- 11/13/90