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03-93 ORDINANCE NO. 3-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A DRAINAGE CAPITAL IMPROVEMENT; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Table IV-3 of the City of Delray Beach Comprehensive Plan provides the Five Year Capital Improvements Schedule for Projects Greater than $100,000; and, WHEREAS, an emergency amendment to the Five Year Capital Improvements Schedule is necessary to accommodate a drainage capital improvement to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor; and, WHEREAS, F.S. 163.3187 states that "Emergency" means any occurrence or threat thereof whether accidental or natural, causes by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds; and, WHEREAS, pursuant to F.S. 163.3187(1)(a) this amendment is considered an emergency which allows it to be processed without regard to the twice a year limitation of 163.3187(1); and, WHEREAS, the Planning and Zoning Board, as the Local Planning Agency, has determined that an emergency situation does exist, that funding exists, and that accommodating the project would not be detrimental to other drainage needs which are of the same importance; and,' WHEREAS, The City of Delray Beach elects to make this a small scale amendment exempt from the transmittal-and-ORC process by having only an adoption hearing, pursuant to F.S. Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 8, 1992. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Table IV-3, Five Year Capital Improvements Schedule for Projects Greater than $100,000.00 is hereby amended by the addition of the following project to the STORM DRAINAGE UTILITY FUND - Spanish Trail (Tropic Harbor) 92/93 @ $200,000; and changing the FY 92/93 allocations for other projects as follows: Northwest Area to $350,000; Germantown to $-0-; and Other Miscellaneous Projects to $60,600. Section 2. That the City of Delray Beach elects to make this small scale amendment exempt from the Transmittal-and-ORC process by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 1992. Section 3. That all ordinances or parts of ordinances conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of th~s ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole. Section 5. That this ordinance shall become effective upon the issuance of a Notice of Intent to find the 91an amendment in comgliance by the Degartment of Community Affairs. PASSED AND ADOPTED in regular session on this the 26th day of January , 1993. ATTEST: - z Cit~ C~erk ' First Reading January 12, 1993 Second Reading. January 26, 1993 - 2 - Ord. No. 3-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM #/0~- MEETING OF JANUARY 26, 1993 ORDINANCE NO. 3-93 DATE: JANUARY 21, 1993 This is second and final reading of Ordinance No. 3-93 amending the Five Year Schedule of Capital Improvements for Projects greater than $100,000 (as contained in the Comprehensive Plan) on an emergency basis to accommodate a drainage capital improvement to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor. This amendment is being handled as a small scale amendment exempt from the transmittal-and-ORC process; it is considered an emergency amendment which allows it to be processed without regard to the twice a year limit on Comprehensive Plan amendments. The Planning and Zoning Board reviewed this item on January 11, 1993, and made a determination that an emergency situation does exist, that funding is available, and that accommodating the project will not be detrimental to other drainage needs which are of the same importance. A recommendation of approval was forwarded to the Commission. On January 12, 1993, the City Commission voted 5-0 to pass Ordinance No. 3-93 on first reading, subject to revising Section 1 of the ordinance to accurately reflect the addition of the Tropic Harbor drainage improvements and corresponding modifications to other Storm Drainage Utility Fund line items. This change has been incorporated into the ordinance before you for second and final reading. Recommend approval of Ordinance NO. 3-93 on second and final reading. CITY COMMISSION DOCUMENTATION TO: /D~ T. HARDEN, CITY MANAGER FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 12, 1993 FIRST READINGt EMERGENCY AMENDMENT TO THE COMPREHENSIVE PLAN TO ACCOMMODATE STORM DRAINAGE AT TROPIC HARBOR ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an emergency amendment to the Comprehensive Plan. The amendment is requested in order to properly accommodate an emergency situation with respect to storm drainage system needs at Tropic Harbor. BACKGROUND: Please refer to the attached Planning and Zoning Board staff report for a full discussion of this item, the need for the amendment, and its basis. In summary, the proposed improvement is in excess of $100,000 and, as such, is required to be accommodated within the 5-year schedule of capital improvements. It is not, nor is there a designated program for undertaking projects of such magnitude. When the Master Drainage Plan is formally adopted and appropriate changes are made to the Comprehensive Plan to accommodate a defined program of drainage improvements, such a Plan Amendment may not be necessary. However, at this point in time, it is both necessary and appropriate to consider an emergency plan amendment. Processing a plan amendment at this time does not affect our ability to process other plan amendments during this calendar year. Two avenues for exception to the twice-a-year limitation on plan amendments exist. One avenue is as a bonified emergency. The second is as a small-scale amendment. City Commission Documentation First Reading, Emergency Amendment to the Comprehensive Plan to Accommodate Storm Drainage at Tropic Harbor Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January llth following a worksession review on January 4th. At the worksession there seemed to be a consensus that an emergency situation does exist, that funding exists, and that accommodating the project would not be detrimental to other drainage needs which are of the same importance. A report of the Board's formal recommendation will be provided at the City Commission meeting. RECOMMENDED ACTION: By Ordinance, approval of the proposed Amendment. Attachment: * P&Z Staff Report & Documentation of January 11, 1993 DJK/T:CCTH-DR.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: II.B.1 Plan Amendment 93-S1, Emergency Amendment Re: Tropic Harbor Drainage Improvement ITEM BEFORE THE BOARD: The item before the Board is that of review -and recommendation to the City Commission for an emergency amendment to the 5-Year Schedule of Capital Improvements as contained in the Comprehensive Plan The specific improvement !~ ~gp~%/r~and replacement of the storm drainage system~J~~/~ the Tropic Harbor Condominium. BACKGROUND: Attached is information dated November 24, 1992, from Environmental Services in which the problem, its solution, estimate costs, and basis for responsibility is discussed. In brief, the situation is that there is a failure in the storm drainage system which is causing failure of parking areas and travelways. While there is an apparent dispute (from the Condominium Association) as to responsibility and participation in costs, the subject before the Planning and Zoning Board, acting as the Local Planning Agency, is to determine whether or not an emergency amendment to the 5-Year Schedule of Capital Improvements should be adopted. The City Commission will be considering this item at its meeting of January 12, 1993. ANALYSIS: The estimated cost for the improvements is $250,000, 2/3rds of which is proposed to come from City sources. Since this improvement exceeds the $100,000 limit and there are no other programs (activities) under which it can be programmed, it is necessary to consider it through the Plan Amendment process. If the item is declared to be of an emergency nature, the Amendment is exempt from the two times a year statutory limitation. NOTE: F.S. 163.3187 states that "Emergency" means any occurrence or threat thereof whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds. P&Z Memorandium Staff Report Plan Amendment 93-Si, Emergency Amendment Re: Tropic Harbor Drainage Improvement Page 2 Also attached is Objective A-3 from the Capital Improvement Element and Policy A-3.2 which provides the criteria upon which amendments to the 5-Year Schedule of Capital Improvements are to be considered. Additional information to be presented to the Board is that of the funding source, the status of funds in that source, and the effect of accommodating this project vis-a-vis other needed projects. . RECOMMENDED ACTION: Assuming that funding is available and no detrimental aspects of accommodating the project are identified prior to the Board meeting of January 11, 1993: By motion, Based upon a finding that the proposed storm drainage system improvements in Tropic Harbor meet criteria (a) under Policy A-3.2 of the Capital Improvement Element and upon a finding that funding, the allocation of which will not adversely affect another programmed activity which will also immediately eliminate a public hazard, is available; the Planning and Zoning Board, acting as the Local Planning Agency, recommends that the 5-Year Schedule of Capital Improvements, Table IV-3, (Page IV-13) be amended by adding the project "Tropic Harbor" with the approximate amount of $250,000 in FY 92/93; and, further, that said improvement is declared to be an emergency pursuant to F.S. 163.3187(a). Attachments: * Excerpt, Table IV-3. Five Year Capital Improvements Schedule * Objective A-3 & Policy A-3.1,/~ff~ria for Amendments * Report of November 24, 1992,~by the City~gineer Report prepared by DJK on 12/23/92.'~~~oo~ DJK/PZ 93-S 1. DOC objective A-3: The City of Uelray Beach shall establish programs and procedures which require the provision of needed and desired improvements, as identified In other elements, and which shall manage the land development process so that needs created by future development will not exceed tho ability of the City to meet them. Such programs and procedures shall, at a minimum, include the following policies and activities. (b5) Policy A-3.1 The City of Delray Beach hereby adopts the list of capital projects contained in the five year schedule contained in Part IV.B. and establishes that all projects identified as a mandatory need in the Inventory of this Element shall be carried out in accordance with that schedule. Ail other projects shall be carried out as scheduled or within one year thereof. It is the responsibility of the Local Planning Agency to review the five year schedule each year and to prepare the five year schedule for the second planning period so that it will be adopted as an amendment to the Comprehensive Plan in June, 1993. Policy A-3.2 The criteria which shall be considered In the amendment and modification of the 5-year schedule and the preparation of a 5-year schedule for the second planning ~\~%~ period shall include the following (cl):  a) The highest priority shall be afforded to activities and projects which eliminate a public hazard whether It be to health or the reduction of damage potential. (cla) b) The second highest priority shall be given to activities and projects which eliminate less than desirable conditions or provide services to unserved, inhabited areas. (clb) c) Consideration shall be given to impacts upon the availability of funds for the project and for other projects; when appropriate for the purpose of providing financial resources for other needs, an activity or project shall be phased over a period of time. (clc) d) When a project can be combined with another project In the same geographic area, it shall receive a higher priority e.g. combining needed street improvements with scheduled water and sewer improvements may accelerate the street improvement project. (cid) III-H-20 e) When a project will receive significant funding assistance from a development project or through neighborhood contributions through an assessment district or other method, it shall be accelerated on the schedule. (cld& e) f) When a project can be funded through an exclusive funding source, it shall have a priority determined through that funding source regardless of its relationship to projects which are funded by other funding sources e.g. a park constructed with dedicated park funding can have a higher priority than a mandatory need when the financing for the need isn't available. (clf) g) A project's priority shall increase if it can be tied to the construction of a project undertaken by another unit of government e.g. water main upgrading and hydrant placements shall be coordinated with street improvements which are constructed by Palm Beach County. (clg) h) A project's scheduling shall be consistent with respect to other projects which have been prioritized within other elements of this Plan, except as they may be modified through the criteria contained within this Policy A-3.2. structure through which capital needs are. addressed maintain a Capital Improvement Program (CIP). The address currently funded projects, proJectt under , and a five year projection of pro . The shall include all projects contained on five year e of this Element and shall contain e projects of g ~an $ 25,000 which are funded thr¢ Ih the dedicated financial sources for remedial pro Policy A-2.3) and all other Jects of greater $25,000 which are proposed exce and re items identified and funded via A-2 3 ye. The CIP for each department shall be !viewed a y by the Local Planning Agency which shall of consistency with the Comprehensive Plan. Policy A-3.4 The ~ln] (City Manager) shall prepare a Capital ~provement et (CIB) for each budget year. The CIB /~hall be re~ the Local Planning Agency and mu~ be determined to consistent with the Comprehensiv~Plan prior to its [eration the City Commtss~9~(c7) Polic2~A-3.5 The City of Delray Beach he the  of Service (LOS) standards as set f Table P-1 as the mandatory levels of service /facilities within the City's Municipal Bounda and .......... ~ ...... ~-'' III-H-21 DEPARTMENT OF. ENVIRONMENTAL SERVICES MEMORANDUM TO~ DAVID HARDEN CITY MANAGER FROM= RALPH HAYDEN, CITY ENGINEER DATE~ NOVEMBER 24, 1992 SUBJECT= TROPIC HARBOR CONDOMINIUMS PAVEMENT DETERIORATION PROJECT NO. 92-40 Attached is an Agenda Request and supporting information for the regular Commission Meeting on December 1, 1992, requesting direction from commission regarding the release of the project for bid and entering into agreements between the City and Tropic Harbor required to proceed with the reconstruction project. This project consists of installing approximately 2200 L.F. of reinforced concrete drainage pipe, 40 drainage structures and additional items such as pavement restoration, etc.. The funding source for this project will be the storm water utility fund and contributions from Tropic Harbor. DB:RH:db Attachment File: Project No. 92-40 Memos to City Manager ABACO CAN&I. P~OJECT LOCATION-- LOCATION MAP MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~ I~B - MEETING OF JANUARY 12. 1993 ORDINANCE NO. 3-93 DATE: January 8, 1993 This is first reading of an emergency ordinance amending the Comprehensive Plan to accommodate the Tropic Harbor/Spanish Trail Drainage project. This proposed improvement is in excess of $100,000 and, as such, is required to be accommodated in the 5-Year Schedule of Capital Improvements. In order to comply with Comp Plan requirements it is necessary to process an emergency amendment. Processing this amendment does not affect the City's ability to process other Plan Amendments during the calendar year. The Planning and Zoning Board will .formally review this item at their January llth meeting. Their recommendation will be provided at Tuesday evenings meeting. Recommend approval of Ordinance No. 3-93 on first reading, subject to the recommendation from the Planning and Zoning Board. PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: ALISON HARTY, CITY CLERK DEPARTMENT OF PLANNING AND ZONING DATE: JANUARY 12, 1993 SUBJECT: CHANGE TO ORDINANCE 3-93 Ordinance 3-93 is scheduled for first reading at tonight's City Commission meeting. Upon review of the budget transfer information provided with the documentation, the following change needs to be made to Ordinance 3-93. The CAPTION is NOT affected. Section 1. That Table IV-3, Five Year Capital Improvements Schedule for Projects Greater than $100,000 is hereby amended by the addition of the following project to the STORM DRAINAGE UTILITY FUND - Spanish Trail (Tropic Harbor) 92/93 @ $200,000; and changing the FY 92/93 allocations for other projects as follows: Northwest Area to $350,000; Germantown to $-0-; and Other Miscellaneous Projects to $60,600. The rest of the Ordinance is fine! c: Jeff Kurtz, City Attorney David Harden, City Manager Joe Safford, Director of Finance John Walker, Planning Coordinator T: 03-93REV ORDINANCE NO. 3-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A DRAINAGE CAPITAL IMPROVEMENT; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Table IV-3 of the City of Delray Beach Comprehensive Plan provides the Five Year Capital Improvements Schedule for Projects Greater than $100,000; and, WHEREAS, an emergency amendment to the Five Year Capital Improvements Schedule is necessary to accommodate a drainage capital improvement to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor; and, WHEREAS, F.S. 163.3187 states that "Emergency" means any occurrence or threat thereof whether accidental or natural, causes by man, in war or peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or public funds; and, WHEREAS, pursuant to F.S. 163.3187(1)(a) this amendment is considered an emergency which allows it to be processed without regard to the twice a year limitation of 163.3187(1); and, WHEREAS, the Planning and Zoning Board, as the Local Planning Agency, has determined that an emergency situation does exist, that funding exists, and that accommodating the project would not be detrimental to other drainage needs which are of the same importance; and, WHEREAS, The City of Delray Beach elects to make this a small scale amendment exempt from the transmittal-and-ORC process by having only an adoption hearing, pursuant to F.S. Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 8, 1992. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1. That Table IV-3, Five Year Capital Improvements le ~ P~jects Greater than $100,000.00 is hereby amended by the on of,w~e following project to the STORM DRAINAGE UTILIT~ FUND - H~bor~ 92/93 - $200,000, and increasing Expenditures to 00~.00 and)increasing the 92/93 Expenditures to $810,600.00. Section 2. That the City of Delray Beach elects to make this small scale amendment exempt from the Transmittal-and-ORC process by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187 as amended by SB 1882 (Committee Substitute) effective April 8, 1992. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole. Section 5. That this ordinance shall become effective upon the issuance of a Notice of Intent to find the plan amendment in compliance by the Department of Community Affairs. PASSED AND ADOPTED in regular session on this the day of . , 1993. M A Y O R ATTEST: City Clerk First Reading Second Reading. - 2 - Ord. No. 3-93 TO: ALISON MACGREGOR HARTY, CITY CLERK FROM: PLANNING DEPARTMENT //~;~,','~"~ ! RE: ADVERTISEMENT FOR COMPREHENSIVE PLAN AMENDMENT - FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE DATE: JANUARY 11, 1993 Attached please find a draft of the advertisement for the above referenced project. This amendment is being processed similar to a small scale comprehensive plan amendment. Please review the ad and provide comments. I have attached a copy of the small scale amendment newspaper notice requirements. Thanks. NOTICE OF COMPREHENSIVE PLAN AMENDMENT The City Commission of the City of Delray Beach, Florida will consider an amendment to the Five Year Capital Improvements Schedule of the City's adopted Comprehensive Plan at a public hearing commencing at 7:00 P.M. on Tuesday, January 26, 1993. The amendment is to accommodate an emergency drainage capital expenditure to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor. map insert The City Commission will conduct a Public Hearing on Tuesday, January 26, 1993, at 7:00 P.M., in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission intends to adopt the amendment. Ail interested citizens are invited to attend the public hearing and comment upon the proposed amendments or submit their comments in writing to the Planning and Zoning Department. Copies of the proposed amendments to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue (Phone:243-7040), between the hours of 8:00 A.M and 5:00 P.M. on weekdays (excluding holidays). PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSONS WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSONS MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: CITY OF DELRAY BEACH January 20, 1993 Alison MacGregor Harty City Clerk MEMORANDUM TO: RUTH SWANSON, SECRETARY I I I FROM: PLANNING DEPARTMENT RE: COMPREHENSIVE PLAN AMENDMENT TO THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS ADVERTISEMENT DATE: JANUARY 7, 1993 The above petition will have first reading on January 12, 1993 and second reading and public hearing on January 26, 1993. Prior to second reading of the ordinance the following additional advertisement is required: * Ad shall not be included in the legal advertisements. * The size of ad is to be 1 cloumn wide by 6 inches high with an 18 point headline. See draft of AD attached Thanks. c: Alison MacGregor Harry Y:capital NOTICE O~ COMPREHENSIVE PLAN AMENDMENT The City Commission of the City of Delray Beach, Florida will consider an amendment to the Five Year Capital Improvements Schedule of the City's adopted Comprehensive Plan at a public hearing commencing at 7:00 P.M. on Tuesday, January 26, 1993. The amendment is to accommodate an emergency drainage capital expenditure to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor. The City Commission will conduct a Public Hearing on Tuesday, January 26, 1993, at 7:00 P.M., in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. At this meeting the City Commission intends to adopt the amendment. Ail interested citizens are invited to attend the public hearing and comment upon the proposed amendments or submit their comments in writing to the Planning and Zoning Department. Copies of the proposed amendments to the Comprehensive Plan are available at the Delray Beach Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue (Phone:243-7040), between the hours of 8:00 A.M and 5:00 P.M. on weekdays (excluding holidays). PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS HEARING, SUCH PERSONS WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSONS MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE' CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: CITY OF DELRAY BEACH January 20, 1993 Alison MacGregor Harry City Clerk Beach has the right to say it does not want a "Honky-Tonk" look- ing town. She feels everyone present respects the American flag. ll.B.3. Jerry Marshall, resident, stated he has talked with a lot of people with regard to volunteering in the schools as tu- tors, aides, etc. He has received quite a response and, in turn, has sent volunteers to various schools. He would like everyone to know that people are needed and if anyone has a person in mind, please have them call. He will direct them to the proper location and the person to contact. He then offered his tele- phone number as 243-0007. ll.B.4. Jean Beer, 945 Tropic Boulevard, speaking on behalf of the people in the City, stated they are very grateful to the people who have organized MAD DADS and are delighted that it is proceeding and is so successful. She finds it disgusting that all the reporters are in the hall with a group of people who do not live within the City limits, do not attend Commission meet- ings and were not present to hear what the gentleman representing MAD DADS had to say. FIRST READINGS 12.A. Ordinance No. 1-93. Ordinance No. 1-93, rezoning a portion of Abbey Delray South from RL (Low Density Residential) zone district to CF (Community Facilities) zone district, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 26th. The City Manager presented Ordinance No. 1-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFPECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 1-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinance No. ~-~. Ordinance No. 3-93, amending the 5-year Schedule of Capital Improvements as contained in the Comprehensive Plan to accommodate a drainage capital improvement -15- 1/12/93 to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor, is before the Commission for consideration on First Reading. If passed, Public Hearing will be held January 26th. The City Manager presented Ordinance No. 3-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHEN- SIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A DRAIN- AGE CAPITAL IMPROVEMENT; PROVIDING FOR EXEMP- TION FROM THE TRANSMITTAL-AND-ORD PROCESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Mouw moved for the adoption of Ordinance No. 3-93 on First Reading, as amended, seconded by Mr. Randolph. Upon roll call the Commission~voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote~ 12.C. Ordinance No. 4-93. Ordinance No. 4-93, amending Subsection 6.1.10(B)'(5), "Prohibition on Use of City Water for Irrigation" to provide for a prohibition on the installation of new private irrigation wells or reconditioning of existing pri- vate irrigation wells to a greater depth within Wellfield Protec- tion Zones ! and 2 of the 20-Series Wellfield. City Manager recommends approval. If passed, Public Hearing will be held January 26th. The City Manager presented Ordinance No. 4-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SEC- TION 4.5.5 "PALM BEACH COUNTY ORDINANCES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUB-SECTION 4.5.5(B), "WELLFIELD PROTECTION ORDINANCE", TO PROVIDE FOR A PROHIBITION ON THE INSTALLATION OF NEW IRRIGATION WELLS OR RECONDITIONING OF EXIST- ING IRRIGATION WELLS TO A GREATER DEPTH WITHIN ZONES 1, 2, AND 3 OF THE SERIES 20 WELLFIELD AS INDICATED ON THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT'S APPROVED WELLFIELD MAP; PROVID- ING A REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. -16- 1/12/93 session, including the impact it should have on future charges for golf course use and where the revenues would come from for the project. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. ?UBLIC HEARINGS lQ,h, Ordinance No. 1-93. Ordinance No. 1-93, rezoning a portion of Abbey Delray South from RL (Low Density Residential) zone district to CF (Community Facilities) zone district, is before the Commission for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance N©. 1-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF ABBEY DELRAY SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DEL~AY BEACH, FLORIDA, 1990"; PROVIDING A GENER3%L REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 1-93 is on file in the official Ordinance Book.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved for the adoption of Ordinance No. 1-93 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.B. Ordinance No. ~-~, Ordinance No. 3-93, amending the Five Year Schedule of Capital Improvements as contained in the Comprehensive Plan to accommodate a drainage capital improvement to replace collapsing storm sewers in Spanish Trail adjacent to Tropic Harbor, 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. 3-93: -9- 1/26/93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TABLE IV-3 OF THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN, THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS GREATER THAN $100,000, ON AN EMERGENCY BASIS TO ACCOMMODATE A DRAINAGE CAPITAL IMPROVEMENT; PRO- VIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 3-93 is on file in the official Ordinance Book.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance 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. 3-93 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph.- Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion pa~sed with a 5 to 0 vote. 10.C. Ordinance No. 4-93. Ordinance No. 4-93, amending Section 4.4.5(B) of the Land Development Regulations to provide for a prohibition on the installation of new private irrigation wells or reconditioning of existing private irrigation wells to a greater depth within Wellfield Protection Zones 1, 2 and 3 of the 20-Series Wellfield, 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. 4-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.5.5, "PALM BEACH COUNTY ORDINANCES", OF THE LAND DEVEL- OPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.5.5(B), "WELLFIELD PROTECTION ORDI- NANCE'', TO PROVIDE FOR A PROHIBITION ON THE IN- STALLATION OF NEW IRRIGATION WELLS OR RECONDITION- ING OF EXISTING IRRIGATION WELLS TO A GREATER DEPTH WITHIN ZONES 1, 2 AND 3 OF THE SERIES 20 WELLFIELD AS INDICATED ON THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT'S APPROVED WELLFIELD MAP; PROVIDING A GENERAL RE- PEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 4-93 is on file in the official Ordinance Book.) -10- 1/26/93 A Pu~J¢ H 7:00 ~M. {~ ~ Monday through SUnday c~...,,. ~ ..w. Boca ~aton. Palm Beach Coun[y. Florida ~,~., ~. ~ Delr~y Beach, P~Im Beach Count, y, Florld~ ~3'~~--~.'~* AN ORDINANCE OF THE CITY BTAT~ OF FLOgIDA ~Ac,. ,LO,~O~. ,EZO,~,G ~.~, RESIDENTIAL' LOW DENSffY) Before the undersigned authority .personally .~,~ ~ ~.,,0. · RAY ~UTH, AS ~RE PA~T~C~ appeared Nancy Smith, Inside Sales Man- ~E.DI.G*RL' ~SCRI~D agar of The News. daily newspapers pub- ~., .~... 1~; PROVIDING A GENERAL RE- lishedIn Boca, Baton tn Palm Boa, ch County, .~Lt. c~s~, C~E, A~O AN E~FE~VE Florida; that the attached copy of advertise- mont was published In said newspapers In [ho Issues  ~EACH ~P~E~IVE __ T~ FIVE Y~R ~PITAL PROV~E~ ~HE~ FOR PROJE~S GRATER T~N TO-ACg~ A Affiant further says that The News is a n~wspaper published tn Boca Raton, In said Palm Bo~eh Courtly, Flortda, Monday through Sunday, and has been entered as A.O..,.A.CE MISSIOfl OF THE OTY OF DELRAY second cia. ss matter at t;t~0 post office In ~,~ ,.s.s..~ OeO~HA~E~, 0F Boca Baton. Palm Beach County Florida, vEL0.~., ~ THE EO9E O~ for a period of one ~es,r next preceding the THE ~ELLFI~LO first publication of the attached copy of ..o.,.,.,~ ~ .x,s.,~ ,..,. advertisement; and affiant further says that ~....,..,. , OF THE SERIE~ · WELLF~ELD AS he has neither paid nor promised any ,.0,cA.~o. C~T? ~PART~T OF R~E~T~ RE~E ~AGE- person, firm or corporation a~y discount, ~.,.s ~,~ov~ ~P; PR~IDI~ A REPEALER rebate, commission or refund for the put- c~usE: AN EFFECTWE pose of securing this advertisement for pub- llcatlon In said newspapers ~ ~" ~ ~ ~'~  F.~ ~.01~. Sworn to and subscribed before me this L_.' '~:,~,* ~day of~ A.D., 19 q~ .no d thru 5emice Ins. Co.