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12-04-90 DECEMBER 4, 1990 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, December 4, 1990. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Commissioner Alperin. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Dr. Alperin moved for approval of the agenda, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes. None. 6. Proclamations. 6.A. Mayor Lynch presented a proclamation proclaiming December 27, 1990, as "Blockbuster Bowl Day". 7. Presentations. CH2M Hill - Update on Water Treatment Plant Conversion to Lime Softening. John Curtis, representative from CH2M Hill, stated in July of this year CH2M Hill was authorized to take a more detailed look at the conversion process and felt it would be helpful to review the City's existing water treatment facility. Currently the City is using a sodium aluminate process and meeting all the drinking water standards, with the exception of color. The treatment capacity is adequate to get the City through to approximately the year 2000. The concerns expressed by the Commission and the public are color, the hardness and whether or not the conversion will meet future water quality regulations which are a part of the 1986 amendments to the Safe Drinking Water Act. An update was completed in 1989, at which time the conversion to Lime Softening was recommended. In summing up, Mr. Curtis recommended that the City proceed with alternate number 2, as explained during the slide presentation, which consists of excess lime softening with the possibility that the future regulations will be met without adding additional treatment. It is his feeling that, should the regulations go below the level of 25 parts per billion at some time in the future, it will be necessary for the City to consider adding an additional process to its treatment plant, possibly an ozone process. If that should happen, it will add an additional $5.8 million to the amount previously budgeted. Upon question by Mayor Lynch, William Greenwood, Director of Environmental Services, stated it is anticipated that the plant will be completed and operating by June of 1992. Mr. Andrews expressed disappointment regarding the fee, as well as the time frame, especially with the design portion of the project, since this is not a new process. Mr. Greenwood stated, even though this is not a new process, there will be many man hours consumed. Mr. Randolph expressed concerns about the answers now, as opposed to a number of years ago when the Lime Softening process was presented to the City and no one was interested. Mr. Greenwood stated in reviewing this, he learned the main concern at that time was that the public associated the softening process with the addition of sodium and the relation to calcium. Due to the emphasis on low sodium diets, (even though this was a fictitious and false assumption) it was rejected. 8. Consent Agenda. The following items were considered by the Commission as the Consent Agenda: 8.A. Resolution No. 114-90. Resolution No. 114-90, assessing costs for abatement action required to remove nuisances on 9 parcels through- out the City, is before the Commission for consideration. Approval is recommended. The caption of Resolution No. 114-90 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 114-90 is on file in the official Resolution Book) 8.B. Final Plat Approval - King Industrial Block. The Commission is to consider approval of a final plat for the King Industrial Block located on the northwest corner of S.W. 13th Avenue and S.W. 10th Street. Approval is recommended. -2- 12/4/90 8.C. Request for Use of Municipal Parking Lot in Veterans' Park. The Commission is to consider a request from Howard Alan Promotions, Inc., to use a portion of the parking lot in Veterans' Park, January 12-13, 1991, for the 2nd Annual Downtown Delray Festival of the Arts. Approval is recommended. 8.D. Settlement Offer. The Commission is to consider an offer from Mr. & Mrs. Razete in the amount of $100,000 relative to the Aero-Dri case. Denial is recommended. 8.E. Award of Bids and Contracts. 1. Road Asphalt Annual Contract - East Coast Asphalt Corpo- ration at an estimated annual cost of $14,000, with funding to come from Environmental Services/Street Maintenance (Account No. 001-3113-541-35.59), leaving a balance of $9,370. Approval is recommended. 2. Veeder-Root TLS-250 tank gauge (2 tanks) for gasoline and diesel supply - Police Department - McDonough Equipment Co. Inc., in the amount of $12,920.00 with funding from Public Safety Bond, Project 338501 (Account No. 338-2161-521-60.89). Approval is recommended. Dr. Alperin moved for approval of the Consent Agenda, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A. Formal Comments Pertaining to County Land Use Map Amendment Requests. The Commission is to consider making a formal recommendation to the Board of County Commissioners regarding proposed amendments to the Future Land Use Map as contained in the County's Comprehensive Plan. Approval is recommended. David Kovacs, Planning Director, stated the County has informed the City of four proposed changes in their Land Use Map located within one mile of the City. The P&Z Board recommended that the City make no comment to the Polo Trace PRD Amendment, show support to the Taheri Amendment (west side of Military Trail), deny or defer the request of Taheri (Flavor Pict) tract until the County Planning Department sets forth area-wide recommendations with respect to the need and location of new commercial land within the area between Atlantic Avenue and Boynton Beach Boulevard and to communicate the recommendations contained in the P&Z Board Memorandum Staff Report of November 19, with regard to the Rhodes (Military Trail) tract. Dr. Alperin moved to direct the administration to communicate the position of the City Commission to the County Commission as recom- mended in this report, seconded by Mr. Mouw. Upon roll call the Com- mission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor -3- 12/4/90 Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.B. Consideration of P&Z Recommendation Regarding Mayfair Gardens. The Commission is to consider making a formal recommendation to Palm Beach County to deny the proposed plan amendment for Mayfair Gardens. The Planning and Zoning Board recommends denial. Mr. Kovacs stated the P&Z Board recommended denial of the proposed land use plan amendment with respect to incompatibility. They further recommended a ii objection be filed with respect to an inter- governmental incompatibility between the County and City designation of RM-5 and RR. Dr. Alperin moved to deny the proposed land use plan amendment with respect to incompatibility and direct staff to file a ii objection with the Palm Beach Countywide Planning Council, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr~ Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 9.C. Site Plan Extension - The Groves. The Commission is to consid- er approval of an extension to January 25, 1992, to the previously approved site plan for the Groves. Approval is recommended. Mr. Kovacs stated there is an existing site plan for this property and they are requesting that the site plan be made a part of the record and a 12-month extension be granted. This was filed prior to October 1st and comes under the former rules. The County is presently in limbo with their traffic performance standards. If the proposed County ordinance is approved and goes into effect, this project will not need to comply with traffic performance standards. Mr. Mouw moved for approval of an 18-month extension. The motion died for lack of a second. Mr. Randolph moved for approval of a 15-month extension, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.D. Tent Permit Approval. The Commission is to consider a request from Emmanuel Catholic Church to erect a tent at 15700 S. Military Trail, from January 25-27, 1991, as part of their Outdoor Bazaar and to make beer available on the premises for this event. Approval is recom- mended. Dr. Alperin moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.E. S.D. Spady Elementary School Funding Request. The Commission is to consider a request from S.D. Spady Elementary School for $1,000 to help offset %he cost of the annual patrol trip to Washington, D.C. Approval is recommended. -4- 12/4/90 The City Manager stated a representative from S.D. Spady Elementary School spoke to the Commission briefly last week and staff recommended that funding could come from the City Commission Special Events Account. Mr. Randolph moved for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Dr. Alperin questioned if other schools have requested similar funding. Mayor Lynch recalled that there was a debate during the budget session relative to giving money to charities and feels there should be some decision made as to a policy for the future. Mr. Randolph sug- gested this be placed on a future workshop for discussion. At this point the roll was called to the motion. 9.F. Service Authorization No. 5 - CH2M Hill. The Commission is to consider approval of service authorization No. 5 to the CH2M Hill Agreement dated July 11, 1990, in the amount of $999,000 to provide design and construction services for the conversion of the Water Treat- ment Plant to lime softening. Approval is recommended. Mr. Curtis, stated the services being proposed are on a per- centage level that is standard for the industry. There is a certain level of effort that is required in any project. In response to Mr. Andrews' concern regarding the time involved, he stated this normally takes about nine months and that has been shortened to six months. Upon question by Mr. Andrews, Mr. Curtis estimated that there will be a group of possibly twenty technicians and engineers working on drawings, including specification specialists and word processors. Upon question with regard to insurance, Mr. Curtis advised they are insured for seven million dollars, pursuant to the Master Contract. Upon question by Mr. Mouw with regard to cost, Mr. Greenwood stated CH2M Hill has been working within the City for the past two and one-half months and it is not their first contract. He did an initial cost estimate on this project nearly one and one-half years ago and that estimate still stands. Upon question by Mr. Mouw regarding discrepancies in plans or specifications which could result in bringing about an extra cost, Mr. Curtis stated CH2M Hill will bear the cost if those discrepancies are a result of errors on plans or specifications made by their engineers or specialists. The City Attorney stated there are some slight modifications that should be worked on with respect to some of the language. He feels it can be readily resolved, but recommends this contract be approved by the Commission, subject to a review by the City Attorney's Office. -5- 12/4/90 Mr. Andrews moved for approval of the contract, as amended by the City Attorney's recommendation, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARINGS At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. Public Hearings. None scheduled. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. The City Manager stated notices were sent to every property owner in the City regarding the Public Hearing on the stormwater utility fees, etc., to be held next week. Unfortunately, this is the beginning of Chanukah, and a number of people will be unable to attend. 11.1. Sanford Fischer, 745 N.Wo 24th Avenue, stated the residents of Rainberry Bay are required to maintain their own storm drainage system. They feel it is unfair that it will be necessary for them to contribute to this assessment for the remainder of the City and that it represents a double taxation. 11.2. Helen Coopersmith, President of PROD, stated she has questions relative to the November 15th Stormwater Utility Assessment memo that she hopes to have answered by next week. She questioned the outcome for High Point, as they, too, take care of their own drainage system. They do not have a current problem as they have previously paid $16,000 to take care of their problem. Many of the residents feel they are being taxed for services they will not receive. She requested that the City Manager give an explanation of "priority", whether it be financial or geographic prioritization. The City Manager stated the prioritization will be based on the severity of the drainage problem, but it will take several years to develop a comprehensive plan and have enough money available to ac- complish this. There are small problems that can be taken care of in a short term within the coming year, but there are larger problems that will need to be addressed. He feels there are a variety of ways the Commission can deal with problems regarding Rainberry Bay and High Point. One solution would be to amend the ordinance to allow the City to deal with problems in those systems that are privately owned. 11.3. Gerald DeFoe, representing Country Manors, expressed a concern that the residents will be paying a double tax, as they are currently paying taxes assessed by the drainage district. At this time the Commission returned to the Regular Agenda. 9.G. 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. -6- 12/4/90 The City Manager stated in checking for other canals located in the City that are not being maintained, another was found, and it has been recommended that the Commission approve the cleaning of the Tropic Palms canal and work on possibly getting some FDOT participation in the future or having the County help with the maintenance. Mr. Andrews moved approval for the City to provide the neces- sary services to clean the canal behind Dunlin Road in the Tropic Palms subdivision and for initial maintenance, with funding to come from the Stormwater Utility Fund, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Dr. Alperin regarding filling the canal and installing a stormwater sewer, the City Manager stated it would be very costly. The City Attorney stated, it is his understanding, Lake Worth Drainage District or no other governmental entity has any responsibility to maintain this as it is dedicated to the public. The City Manager stated the City accepted the plat and the maintenance responsibility. Mayor Lynch questioned if the City assumes the same responsibility with other plats such as Tropic Isle. The City Attorney stated those are two different maintenance problems and he is not sure that the City is required to maintain the Tropic Isle canal which is used for boats and maintained for passage. At this time the roll was called to the motion. 9.H. Proposed Nature Reserve. The Commission is to consider re- questing Palm Beach County to transfer the land and maintenance respon- sibility of the proposed neighborhood nature preserve to the City of Delray Beach. Approval is recommended. The City Manager stated there is some County-owned land ac- quired by the Nature Conservancy with a reverter clause and the sugges- tion has been made that the property should be conveyed to the City. It is his understanding the County is willing to do this, but wants the City to make the request. It will be in conformance with the Compre- hensive Plan with the proposal that, some mangrove removal will be necessary, exotic plant materials will be replaced with native trees and a boardwalk system with viewing decks will be constructed at the expense of the developer, with the City being responsible for the maintenance. Mr. Andrews questioned if it is possible to make certain parts of the area more active. Joe Weldon, Director of Parks and Recreation, stated that would need to be confirmed with the Nature Conservancy. Upon learning what Mr. Andrews had in mind, the City Manager stated the possibilities could be explored and a determination made regarding limitations. Mr. Mouw moved for approval to request a transfer of land and to accept the maintenance responsibility of the nature preserve from Palm Beach County for the purpose of a future passive park, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor -7- 12/4/90 Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. Lorenzo Brooks Pension Matter. The Commission is to consider a request from Lorenzo Brooks for a pension benefit increase. Denial is recommended. The City Attorney stated approval of this would require an amendment to the present Police and Fire Pension Ordinance. Lorenzo Brooks, retiree, stated there was discussion regarding a change in the ordinance of the "20 and Out" Pension Plan early in 1987. He submitted a letter at the time of his retirement in 1986 and was later surprised to learn that, in order to collect in this manner, it would have been necessary for him to leave the City after October 1, 1989. He respectively requested the Commission to review this. Upon question by Mayor Lynch, the City Attorney advised, in order to grant Mr. Brooks' request, it would be necessary to amend the ordinance, thereby requiring the City to increase their contribution by $13,800 for the next 12 years in order to cover the increase to Mr. Brooks. Upon question by Mr. Andrews, the City Attorney responded that in 1986, when Captain Brooks retired from the City, he had a pension that was available to him, but he chose to leave his money in the Pension Plan until further notice. In 1987 the City instituted a "20 and Out" program, which would have enabled Mr. Brooks to retire with a substantially higher retirement based on his 22 years of service, if he had been employed at that time. Considerable discussion followed. Mr. Randolph moved to direct the City Attorney's Office to prepare an appropriate ordinance to have the "20 and Out" benefits be made applicable to Mr. Brooks. The motion failed for lack of a second. Mayor Lynch recommended that this item be postponed to a later date. Mr. Brooks expressed the feeling that he should commence taking his retirement as of January 1, 1990, in order to try and catch up. The City Attorney recommended that Mr. Brooks contact the pension adminis- trator, have her review the situation and supply him with the correct amount. 9.J. Porter Settlement. The Commission is to consider a settlement offer in the amount of $100,000 to Mr. and Mrs. Donald Porter. Approval is recommended. The City Attorney stated he has discussed the claim with each of the Commissioners explaining that, while Mr. Porter was delivering sodium aluminate to the water plant, the pipe broke, landed on his eyes resulting in severe vision problems with total permanent disability. Dr. Alperin moved for approval of the settlement, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw - -8- 12/4/90 Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 9.K. Payment of Bills Related to Legal Services Incurred by Walter O. Barry. The Commission is to consider payment of outstanding legal bills incurred by former City Manager Walter O. Barry relative to the Irene Montalban matter. The City Attorney stated these are bills that were incurred by Mr. Barry for his previous attorney, the date being from January through May or June of 1990. The City Commission, in December of 1989, had authorized payment of all the legal fees pertaining to this matter pursuant to the item on the agenda. It was the understanding of the City Attorney's office that no further bills were to be paid until such time that they were authorized by the City Commission. Walter Barry, 2020 N.W. 3rd Avenue, stated the billing before the Commission is for consultations that his attorney, Mr. Williams, had in conjunction with Curtis Mack, the City's Attorney in this matter. The City Attorney recommended this item be continued to Decem- ber 11, during which time he will review the billing and present an update for Commission consideration at that time. FIRST READINGS 12.A. Ordinance No. 58-90. Ordinance No. 58-90, amending the Land Development Regulations to limit the prohibition of the sale of second hand material within businesses located between North 1st and South 1st Streets to only those businesses lying on Atlantic Avenue. If passed, Public Hearing will be held on December llth. The City Manager presented Ordinance No. 58-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUB- SECTION 4.4.13(H), "SPECIAL REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING PARA- GRAPH 4.4.13(H) (1) TO LIMIT THE PROHIBITION OF THE SALE OF SECOND HAND MATERIAL WITHIN BUSINESSES LOCATED BETWEEN NORTH lST AND SOUTH 1ST STREETS TO ONLY THOSE BUSINESSES LYING ON ATLANTIC AVENUE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated this item has been advertised for Public Hearing on December 11, so it can be considered at that time and the ordinance will become effective on December llth. This ordinance was prepared last Wednesday after discussion at the Commission meeting. The Planning Director has met with the Downtown Development Authority -9- 12/4/90 and the P&Z Board and suggested a revision to Section 1, the material section which would change the Code, but the suggested revision would not change the caption. Upon question by Mayor Lynch if it would be possible to allow the ordinance to stand and grant a variance, the City Attorney advised the Code could be waived, but a variance cannot be granted. Mr. Kovacs stated the DDA and the P&Z Board were unanimous in their decision that if the building is on Atlantic Avenue and the second-hand store is located in the rear of the building, that is permissible. However, the second-hand store shall not have an entry from Atlantic Avenue or have windows on Atlantic Avenue. Mr. Mouw moved for the adoption of Ordinance No. 58-90, as recommended by the Director of Planning and Zoning, seconded by Mr. Lynch. (Prior to making a second to the motion, Mayor Lynch passed the gavel to Vice-Mayor Andrews). Upon roll call the Commission voted as follows: Dr. Alperin - No; Vice-Mayor Andrews - No; Mr. Randolph - Yes; Mr. Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Dr. Alperin expressed concern because there was a definite reason for originally approving this and he feels it is being abandoned because of one interest group. It is his feeling that Swinton Avenue, Second Avenue and Federal Highway have just been opened up due to this ordinance. The original intent was to save the area of Atlantic Avenue and he feels that protection for the downtown area has just been elim- inated. Mayor Lynch commented that he agreed, in some ways, but, since the DDA, the P&Z Board and the CRA all agreed to the change, he feels he must support those boards. Mr. Kovacs stated there was considerable discussion at the meeting on Monday and he suggested the Commission consider approving this on First Reading and when it comes up for Public Hearing, the testimony from those people who addressed those issues, should be made part of the record. At this point the roll was called to the motion. 12.B. Ordinance No. 59-90. Ordinance No. 59-90, amending the Code of Ordinances by amending Chapter 52 "Water" to provide for an increase in the various rates and charges associated with water service both inside and outside the City, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held on December llth. The City Manager suggested the captions be read for Items No. 12.B. and 12.C. and allow staff to make a presentation, followed by a separate vote. The City Manager presented Ordinance No. 59-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC -10- 12/4/90 WORKS", CHAPTER 52, "WATER" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBHEADING "METERS", SECTION 52.16, "TESTING OF METERS", TO PROVIDE FOR AN INCREASE IN THE SUM RE- QUIRED TO BE DEPOSITED WITH THE CITY TO COVER THE COST OF TESTING ALL THREE-QUARTER INCH THROUGH TWO INCH METERS AND INCREASING THE MINIMUM DEPOSIT AMOUNT REQUIRED FOR TESTING OF METERS THREE INCHES AND LARGER; BY AMENDING SECTION 52.18, "REMOVAL OF METERS WHEN SERVICE DISCONTINUED; TEMPORARY REMOVAL SUBJECT TO RETROACTIVE BILLS", TO PROVIDE FOR AN INCREASE IN THE SERVICE CHARGE FOR REMOVAL OF WATER METERS; BY AMENDING SUBHEADING "RATES, CHARGES, AND FEES", SECTION 52.31, "CONNECTION CHARGES", TO PROVIDE FOR AN INCREASE OF THE WATER CONNECTION CHARGE FOR BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS AND INCREAS- ING THE VEGETATION WATER METER CONNECTION CHARGE BASED UPON ONE INCH INCREMENTS, OR PORTION THEREOF, IN METER SIZE; BY AMENDING SECTION 52.32, "METER INSTALLATION CHARGE", TO PROVIDE FOR AN INCREASE IN METER INSTAL- LATION CHARGES, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON METER SIZE; BY AMENDING SECTION 52.33, "DEPOSIT TO GUARANTEE PAYMENT", TO PROVIDE FOR AN INCREASE IN THE GUARANTEE-OF-PAYMENT DEPOSIT REQUIRED FOR SINGLE FAMILY RESIDENCE, MULTI-FAMILY, NONRESI- DENTIAL AND VEGETATION CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY; BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION (B), "MONTHLY RATES", TO PROVIDE FOR AN INCREASE IN WATER RATES, FOR BOTH RESIDENTIAL AND NONRESIDENTIAL CUSTOMERS, BOTH INSIDE AND OUTSIDE THE CITY BASED UPON CERTAIN CUSTOMER, CAPACITY AND COMMODITY CHARGES; TO INCREASE SAID CUSTOMER CAPACITY AND COMMODITY CHARGES; BY AMENDING SECTION 52.36, "CHARGE FOR EACH TIME WATER IS TURNED ON", TO PROVIDE FOR AN INCREASE IN THE CHARGE FOR EACH TIME WATER IS TURNED ON; BY AMENDING SECTION 52.38, "SERVICE CHARGE FOR AFTER HOUR CALLS", TO PROVIDE FOR AN INCREASE IN THE CHARGE PER SERVICE CALL FOR ALL SERVICE CALLS MADE AFTER HOURS; BY ENACTING A NEW SECTION 52.39, "OTHER FEES", TO PROVIDE FOR A PROJECT PLAN REVIEW FEE, A PROJECT INSPECTION FEE AND A UTILITY STANDARDS FEE; BY AMENDING SUBHEADING "BILLINGS", SECTION 52.52, "RESUM- ING SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", TO PROVIDE FOR A $10.00 PENALTY FOR LATE PAYMENT IN ADDITION TO DELINQUENT CHARGES; BY REPLACING, THROUGH- OUT THE CHAPTER, REFERENCE TO DIRECTOR OF PUBLIC UTILITIES WITH DIRECTOR OF ENVIRONMENTAL SERVICES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. 12.C. Ordinance No. 60-90. Ordinance No. 60-90, amending the Code of Ordinances by amending Chapter 54 "Sewers" to provide for an increase in certain rates and charges associated with sewer service both inside and -11- 12/4/90 outside the City, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held on December llth. The City Manager presented Ordinance No. 60-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 54, "SEWERS", SUBHEADING "RATES AND CHARGES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54.31, "CONNECTION CHARGES; EXCEPTION", SUBSECTION (A) (1), TO PROVIDE FOR AN INCREASE IN THE SEWER CONNECTION CHARGE FOR EACH SEPARATE RESIDENTIAL UNIT OR COMMERCIAL UNIT; BY AMENDING SECTION 54.32, "SERVICE RATES AND CHARG- ES'', SUBSECTION (B), TO PROVIDE FOR AN INCREASE IN SEWER SERVICE RATES AND CHARGES FOR RESIDENTIAL DWELLING UNITS AND NONRESIDENTIAL/COMMERCIAL UNITS, BOTH INSIDE AND OUTSIDE THE CITY, BASED UPON CERTAIN CAPACITY AND COMMODITY CHARGES TO INCREASE SAID CAPACITY AND COMMODITY CHARGES; BY REPLACING THROUGH- OUT THE CHAPTER REFERENCE TO DIRECTOR OF PUBLIC UTILITIES WITH DIRECTOR OF ENVIRONMENTAL SERVICES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL- ER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Joe Safford, Finance Director, stated that a detailed present- ation of the Capital Improvement projects was held at a Workshop last week for the Water and Sewer Utility in addition to the presentation of the Water and Sewer Rate study by Ernst and Young. Several of the Commission members requested that alternative scenarios be presented. He then presented six alternatives to the Commission for consideration. Dr. Alperin and Mr. Mouw expressed the feeling that they would be in favor of the 20-year modified plan as detailed by Mr. Safford. Jean Beer, 945 Tropic Boulevard, stated she had previously spoken with Mr. Greenwood who indicated the City is looking at an additional expense of $17 million in the next few years for projects that will be necessary. She also commented that there are sections of the City that depend on City water for sprinkling purposes. The consul- tants stated that consideration of this would be built into the rates. She does not consider 7500 gallon per month an average use, especially if the water is also used for sprinkling. By placing a 50% volume surcharge on those people who must use City water to sprinkle, those rates are being increased by 40 to 60% and she feels this should be looked into. Mr. Safford stated that, in speaking with the consultants, he specifically questioned if any revenues were generated in the budget forecast, through the surcharge, and they responded that there was not. The City Manager stated, at this point, the City has no idea what will be generated. The data base is very poor on water consumption and it is difficult to estimate revenue. When the City gets into a water conservation posture, where the Water Management District requires -12- 12/4/90 water conservation, sales are reduced, which, in turn reduces the City's basic revenue. Mayor Lynch commented, if there should be an excess, the City should have in mind where that excess will be placed. The City Manager stated he feels that excess should be used primarily to reduce the rates. Mr. Andrews expressed the feeling that it should remain in the Water and Sewer element. Mr. Safford questioned, in order to clarify this for the people attending the Public Hearing, he will get the additional information to make the determination whether or not to move the surcharge to 20% or 25%. Upon question by Mayor Lynch, Assistant City Attorney Ruby stated she has reviewed both ordinances and found a reference to a conservation surcharge only. Mr. Mouw moved for the adoption of Ordinance No. 59-90 on First Reading, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Mouw moved for the adoption of Ordinance No. 60-90 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 12.D. Ordinance No. 61-90. Ordinance No. 61-90, changing the defini- tion of the term "family" as contained in the LDR's, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held on January 15th. The City Manager presented Ordinance No. 61-90: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", ARTICLE 1.4, "INTERPRETATION, ENFORCE- MENT, AND PENALTIES", SECTION 1.4.5, "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", REPEALING THE DEFINITION OF FAMILY; BY ENACTING A NEW DEFINITION OF FAMILY PROVIDING THAT A FAMILY SHALL CONSIST OF THOSE PERSONS WHO ARE RELATED BY BLOOD, MARRIAGE OR ADOP- TION, OR AS MANY AS FIVE UNRELATED PERSONS LIVING IN THE SAME DWELLING UNIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Kovacs stated this is a definition of "family" as presented formerly in the Zoning Code. The definition of "family", when used in the Land Use sense, deals with a single family house as a Land Use. A -13- 12/4/90 few years ago, he feels the definition of "family" was used as a scape- goat when there were problems in Code Enforcement with overcrowding, which probably was not a correct representation. Discussion followed regarding the impact of overcrowding, the parking situation, the Federal definition of "family" and issues regard- ing health, welfare and safety. Upon question by Mayor Lynch, Ms. Butler, Director of Community Improvement, stated her department has used the Landlord Permit as a means of going in to inspect a unit. She further stated she will be returning to the Commission with recommendations regarding parking issues. Mr. Andrews stated he feels that five unrelated people are too many. Mr. Mouw moved for the adoption of Ordinance No. 61-90 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - No. Said motion passed with a 3 to 2 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Randolph stated he does not condone Code violations, but he feels transporting individuals to the Police Station, taking their picture and having them fingerprinted because of minor Code violations, is over-reacting. Then to further state this person cannot be scheduled to appear before the Code Enforcement Board because of a heavy schedule is a real concern to him. He sincerely hopes this does not happen again. 13.A.2. Mr. Randolph requested that the water pressure problems on N.W. llth Avenue be investigated. 13.A.3. Dr. Alperin stated that, during the Budget Hearings, the possibility of instituting a bonus system was discussed for those persons who offered ideas to save the City money. He has heard nothing further to date and questioned the status of this idea. The City Manager stated it would be given a high priority. Mayor Lynch suggested that this be workshopped prior to making a definite decision. 13.A.4. Dr. Alperin stated he attended the Education Board meeting held last night and expressed concern regarding an interlocal agreement presented to the City from the School Board on the purchase of property north of Spady Elementary School. One of the items states that "this agreement may be terminated in its entirety by either party, giving the other party written notice within ninety days", and he feels this is a round-a-bout way of allowing themselves a way to get out of any agree- ment that involves the City. 13.A.5. Mayor Lynch requested the City Manager have the Finance Direc- tor submit an article to the newspapers regarding Arbitrage, as there seems to be a lot of inaccuracy involved in the recent articles. -14- 12/4/90 13.A.6. Mayor Lynch recommended that all of the Commissioners attend a Neighborhood Task Force meeting. 13.A.7. Mayor Lynch stated next week a presentation of the "Red Ribbon Week" program will be made, in an attempt to remove the drug problem from Delray Beach. Judge Hurley, the Police Chief and the Drug Abuse Center have accepted the challenge to assist the City in this endeavor. 13.A.8. Mayor Lynch requested that someone check the legality of the new billboard sign that was recently installed on North Federal Highway just east of the International House of Pancakes. He has received complaints and needs information in order to respond. 13.B.1. The City Attorney stated, the original moving date to the new office space was to have been February 1st, with an award of contract to take place on December llth. Unfortunately, the latest projection from the architect indicates that will not be possible, so they are looking at March 1st. The current lease had previously been terminated as of February 1st and he is requesting permission from the Commission to negotiate for a month-to-month lease at the present location with a thirty day termination period. The Commission concurred. 13.C.1. The City Manager stated he is requesting more direction from the Commission on the Architect/Fire Station No. 1. This was narrowed down to the top five applicants. Upon a request from these five appli- cants for preliminary sketches, including elevations, floor plans and site plans, four out of the five indicated they are not willing to supply that material. There are two alternatives; the entire idea can be scratched or they will provide this for a nominal fee in the neigh- borhood of $1,000 each. Upon question if those applicants could be shortlisted to three, the City Engineer stated it was hoped that, through this process, one firm could be clearly defined that stood out or, the number would be reduced to two or three. The Commission concurred to leave the decision to the appli- cants to sell themselves if they are interested in the project. 13.C.2. The City Manager stated a phone call was received this after- noon from Commissioner McCarty, alerting the City Commission that next Tuesday, December 11, 1990, at 2:00 P.M., the Palm Beach County Commis- sion will discuss the environmentally sensitive lands. She requested support from the City. 13.C.3. The City Manager stated a memo was received from Rob Taylor With a synopsis of phone calls regarding Stormwater Utility notices recently received. Copies were presented to each Commissioner. 13.C.4. The City Manager stated Jerry Taylor requested a status report on the the Decade of Excellence Bond Issue and he passed a copy of this to each Commissioner. 13.C.5. The City Manager stated he would like to report back to those requests voiced at the last meeting. -15- 12/4/90 A. There were two issues raised concerning traffic lights: 1) the left turn signal needed for westbound traffic at the Barnett Bank 2) the signal at the corner of Venetian and Atlantic being too long. Those two items have been referred to the FDOT, since those two road segments are under their jurisdiction. B) Mr. Jackel inquired about the condition of Congress Avenue and the need for landscaping. Those plans were reviewed by the Commission recently, have been received back from drafting and will be submitted to the County tomorrow for County approval. Concurrently, a permanent application will be sub- mitted to the Water Management District for a well permit. After all the paperwork is taken care of, it is expected that a Notice to Proceed to Contract will be issued sometime in a March-to-May time frame. In the meantime, through Code Enforcement, positions will be addressed between Lake Ida Road and Atlantic Avenue. C) Lillian Feldman raised the issue of new microphones for the Commission. Assistant City Manager Barcinski is getting the specifications for the microphones that are used in Boynton Beach, prices will be obtained and, the hope is to include the new microphones in the City Hall refurbish- ing. D) A question was raised by the Commission regarding the issue of Resident I.D. Cards. The City Manager stated he met with the City Clerk and the Director of Parks and Recreation and worked out a plan to have them issued out of the City Clerk's office, assuming there will be space available for the camera and the laminating machine. It was also agreed that, for certain programs where there is no need for an I.D. Card, the children will be issued a piece of paper in the City Clerk's office that will certify they are a resident and that will allow them to enroll in those parti- cular programs, at no cost. Mr. Weldon will provide him with a list of those programs for which there is no need for a photo I.D. Card. E) Commissioner Alperin had questioned when the paving of Florida Boulevard would be completed. The segment from Avenue L to Dogwood Drive will be resurfaced in 1991, with work to begin in January. F) There was also a question raised with regard to Code Enforcement citations. That will be on the agenda for next week. G) The Mayor raised a question about the Walgreen site. -16- 12/4/90 That cleanup work is already in progress. Mayor Lynch suggested the reports made by the City Manager probably should be switched to the beginning of the Public Hearing portion of the agenda. Mayor Lynch declared the meeting adjourned at 10:20 P.M. ~ City~ Cl~rk ' ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of December 4, 1990, which minutes were formally approved and adopted by the City Commission on _q~l~lD_.~J_ ~, /~/ - - - ~ City Cie~k / NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -17- 12/4/90