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05-18-99 MAY 18, 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, May 18, 1999. 1. Roll call showed: Present Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Pastor Kenneth D. Green, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda A~roval. Mayor Alperin noted the addition of Item 8.K.3., Purchase Award for Summer Camp T-Shirts and Camp Bags, to the Consent Agenda, and Item 9.G., Request for Financial Assis- tance/Atlantic High School - National High School Track and Field Championships, to the Regular Agenda by addendum. Mayor Alperin also noted that a modified Resolution No. 28-99 had been provided for Item 9.A., Right-of-Way & Alley Abandonment Associated with Proposed Publix Grocery Store), and that Item 8.D., Delray Beach Housing Renaissance Program Memoran- dum of Understanding and Policies and Procedures 1999/2001, had been removed from the Consent Agenda. The City Attorney stated that with respect to Item $.K. 1., Contract Award to Sensus Technologies, Inc. for the small water meter replacement program, there is a change on page six (6) of the contract regarding additional warranties which are now included in Exhibit "B", and on page nine (9), the compensation section for termination for convenience has been modified, basically to provide that the City only pays for meters that have been installed at the time of termination. She noted that revised agreements with Sensus Technologies reflecting these changes had been provided at the Commissioners' seats. Mrs. Archer moved to approve the agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Special Meeting of May 11, 1999, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Procl~unations: 6.A. Declaring May 19, 1999 as Emergency Medical Services Day in the City of Delray Beach, and recognizing and commending Firefighter Kenneth Thompson for his commitment and service in creating the Excellence in Florida Ocean Lifesaving EMS Competi- tion Series. Mayor Alperin read and presented a proclamation in recognition of May 19, 1999, as Emergency Medical Services Day in the State of Florida, and further commending Firefighter Kenneth Thompson for his commitment and service in creating the opportunity for advanced medical training for Florida's Ocean Lifeguard EMTs in cooperation with the City of Delray Beach Fire Department through the creation of the Excellence in Florida Ocean Lifesaving EMS Competition Series. Mr. Thompson came forward to accept the proclamation and expressed his thanks and appreciation to the City of Delray Beach for its support and to Beach Supervisor Rich Connell for his encouragement. 6.B. Delray Beach Full Service Center Head Start Day - June 2, 1999. Mayor Alperin read and presented a proclamation in recognition of the accomplishments and successes of the Delray Full Service Center during the last five years and by declaring 2 05/18/99 June 2, 1999, as Delray Full Service Center Head Start Day, urging all citizens to recognize the valuable contributions of early childhood teachers and caregivers and to actively support making more and better child care available within our community. Mr. Willie Newsome came forward to accept the proclama- tion and thanked the City Commission for its support. He is proud that the Delray Full Service Center Head Start program is working hard daily to prepare our children and their families to become productive members of the greater Delray Beach community. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. GOAL SETTING 1999: Approve and adopt the Delray Beach 1999 Policy Agenda, Targets for Action 1999, and Goals 2004. 8.B. RESOLUTION NO. 26-99 (ALLEY ABANDONMENT/CREATIONS OF PINEAPPLE GROVE: Approve a resolution vacating and abandoning a portion of the alleyway within Block 83 (south portion), based upon positive findings. The abandonment is associated with the Creations of Pineapple Grove project approved for the northeast corner of Pineapple Grove Way/N.E. 2nd Avenue and N.E. 1st Street. The caption of Resolution No. 26-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY BETWEEN LOTS 5 THROUGH 8 ON THE WEST SIDE AND LOTS 13 THROUGH 16 ON THE EAST SIDE, ALL LOCATED IN BLOCK 83, TOWN OF LINTON, AS MORE PARTICU- LARLY DESCRIBED BY EXHIBIT "A", BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. (The official copy of Resolution No. 26-99 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 30-99 (ABANDONMENT OF DRAINAGE EASE MENTS IN BLOCK 6, DELRAY BEACH HEIGHTS EXTENSION SECTIONS A AND B SUBDIVISION): Approve a resolution vacating and abandoning the remaining portion of two ten (10) foot wide drainage easements lying between Lots 1 and 14, Block 6, Delray Beach Heights -3- 05/18/99 Extension Sections A and B Subdivision, based upon positive findings. The subject property is located on the north side of S.W. 10th Street between S.W. 13th and 14th Avenues. The caption of Resolution No. 30-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE REMAINING PORTION OF TWO TEN FOOT WIDE DRAINAGE EASEMENTS LYING BETWEEN LOTS 1 AND 14, BLOCK 6, DELRAY BEACH HEIGHTS EXTENSION SECTIONS A AND B SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE 171, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 30-99 is on file in the City Clerk's office.) 8.D. DELRAY BEACH HOUSING RENAISSANCE PROGRAM MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCEDURES 1999/2001: (NOTE: This item was removed from the agenda.) 8.E. INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE CRA FOR ASSISTANCE IN FUNDING STAFF TO SUPPORT THE WEST ATLANTIC REDEVEL- OPMENT COALITION: Approve an interlocal agreement between the City and the Community Redevelopment Agency where the City agrees to contribute financial assistance in an amount not to exceed $17,500 in providing staff and/or consultant assistance to the West Atlantic Redevelopment Coalition. 8.F. SABAL LAKES PHASE III HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Sabal Lakes III Homeowners Association to allow the Delray Beach Police Department to enforce state and local traffic laws on the private roads of Sabal Lakes Phase III. 8.G. HAMLET RESIDENT HOMEOWNERS ASSOCIATION TRAFFIC ENFORCE- MENT AGREEMENT: Approve an agreement between the City and the Hamlet Resident Homeowners Association to allow the Delray Beach Police Department to enforce state and local traffic laws on the private roads of The Hamlet. 8.H. CLOSEOUT CHANGE ORDER #2 AND FINAL PAYMENT/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (PINE GROVE PARK): Approve closeout Change Order #2 in the amount of $2,454.13 and final -4- 05/18/99 payment in the amount of $18,745.28 to Repubic Construction & Development Corp. for completion of the Pine Grove Community Park improvements project and reconstruction of the Public Works material storage bins, with funding in the amount of $2,079.13 from 117-4176-572-63.40 (Recreation Impact Fee/Pine Grove Park) and $16,666.15 from 334-3351-591-63.22 (General Construction Fund/Garage Addition). 8.I. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed from Edward Peacock, Jr. and Ruth D. Peacock granting to the City a ten (10) foot utility easement along the south side of their property at 655 N.W. 4th Street to accommodate the northwest area water main and drainage upgrades and street improvements. 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 3rd through May 14, 1999. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Contract award in the total amount of $3,548,463 to Sensus Technologies, Inc., sole source provid- er, representing the cost of the replacement meters, automated reading equipment, installation and other upgrades for the small water meter replacement program. The contract will be funded from a bank loan that is currently out to bid for a not to exceed amount of $3,600,000. 2. Bid award in the estimated amount of $41,415.00 to Southeastern Pumps for the annual contract to purchase submersible wastewater pumps, with funding from 442-5178-536-61.76 (W&S Renewal & Replacement/Equipment Replacement) through trans- fer from 442-5178-536-99.01 (Project Reserve). 3. Bid award in the total amount of $10,661.10 to Ail American Printing, Inc. for the purchase of Parks and Recreation Summer Camp tee shirts and camp bags, with funding in the amount of $2,607.50 from 115-4920-572-56.05 (Special Projects/Camp Registration - Community Center); $2,607.50 from 115-4921-572-56.05 (Camp Registration - Pine Grove); $2,936.50 from 115-4923-572- 56.05 (Camp Registration - Delray Full Service Center); and $2,509.60 from 115-4922-572-56.01 (Camp Registration - Pompey Park). -5- 05/18/99 Mr. Schmidt moved to approve the Consent Agenda, as amended, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. RESOLUTION NO. 28-99 (RIGHT-OF-WAY & ALLEY ABANDONMENT ASSOCIATED WITH PROPOSED PUBLIX GROCERY STORE): Consider approv- al of a resolution vacating and abandoning that portion of the right-of-way for N.E. 5th Street lying between N.E. 5th and 6th Avenues (Federal Highway pairs), the north/south alleyway lying between N.E. 5th and 6th Streets and the north/south alleyway lying between N.E. 4th and 5th Streets, associated with the proposed development of a new Publix grocery store. The caption of Resolution No. 28-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ("CITY"), VACATING AND ABANDONING THE ALLEY MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" AT- TACHED HERETO ("SOUTH ALLEY"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA OF SAID SOUTH ALLEY; ALSO VACATING AND ABANDONING THE ALLEY MORE PARTICULARLY DESCRIBED ON EXHIBIT "B" AT- TACHED HERETO ("NORTH ALLEY"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA OF SAID NORTH ALLEY; ALSO VACATING AND ABANDONING ALL THAT PORTION OF N.E. 5TH STREET AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "C" ATTACHED HERETO ("ROW"), BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES THROUGH THAT PORTION OF THE RIGHT-OF-WAY GRAPHICALLY DESCRIBED ON EXHIBIT "D" ATTACHED HERETO ("ROW EASEMENT AREA"). (The official copy of Resolution No. 28-99 is on file in the City Clerk's office.) -6- 05/18/99 The City Attorney stated there is an amendment to the resolution at Section 4. An additional sentence has been added which requires the developer, upon acquiring ownership of all the property, to execute and record in the Public Records of Palm Beach County, Florida, a Declaration of Unity of Title in a form acceptable to the City Attorney's office as Exhibit "F" to the resolution. Paul Dorling, Principal Planner, stated that the abandonment request involves a portion of N.E. 5th Street and the north/south alley from N.E. 4th Street through N.E. 6th Street in order to accommodate the construction of a 27,887 sq.ft. Publix supermarket and a 6,200 sq.ft, retail building. The Planning and Zoning Board considered the request at a public hearing held on April 19, 1999, at which several representatives of adjacent properties spoke. While none of those objected to the request, general questions and concerns by Walgreens over continued access were expressed. The Planning and Zoning Board also expressed concern that the right-of-way and the alleys might be abandoned and the Publix store not constructed which would leave diminished access to the rear of existing properties. To address these concerns, staff attached conditions which made the abandonment effective only after building permits were applied for. The applicant, however, is reluctant to have this condition attached to the abandonment as it creates concerns for the applicant's title company and lender. The applicant would like the abandonment conditioned on approval of the site plan (which may occur May 19, 1999 at the Site Plan Review and Appearance Board meeting) and the acquisition of ownership of all of the properties. The Planning and Zoning Board, after lengthy discussion, recommended approval of the abandonment request including the condition that the effective date of the abandonment be tied to applying for building permits. Mr. Schmidt stated that he did not know what the specific objections of the title insurance company are, but if it is because this would be listed as an exception to the policy, they could always issue an endorsement later on and delete it. He did not feel this was a valid objection on the part of the title company, but would not want to impose a condition that might cause the deal not to go through. The City Manager commented that in looking at the situation, the City is not really giving up much. The blocks there are fairly short, so the cut-through that occurs on N.E. 5th Street is not that important nor is the alley access. Even if something happened and this project never went forward, it 7 05/18/99 would not pose any problems for the City. The only problem might be the access that Walgreens is supposed to get from the north. Brian Shutt, Assistant City Attorney, stated it is his understanding from speaking with the applicant's attorney that an ingress/egress easement has been drafted and Walgreens has conceptually approved the proposed ingress/egress easement that Publix and Walgreens would have between themselves. The condi- tion of there being such an easement would also be part of the site plan approval. At this point, Mr. Randolph stated that he was going to vote against the abandonment request as he is opposed to the development of a Publix grocery store between the Federal Highway pairs at this location. He felt it would add tremendously to traffic concerns and he could not support the development proposal. Mr. Schmidt moved to approve Resolution No. 28-99, subject to the conditions recommended by the Planning and Zoning Board. The motion was seconded by Mr. Wright. Prior to roll call, Mrs. Archer commented that she felt it would behoove the Commission to keep in mind that it is not wise to let the tail wag the dog, so to speak, in succumbing to a title company clerk saying that if there are any exceptions, the deal is off. She asked that her statement be placed in the record for future reference. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 4 to 1 vote. 9.B. AMENDMENT NO. 3 TO LICENSE AGREEMENT ASSIGNED TO GRAY LINE WATER TOURS FOR RIVERBOAT AT VETERANS PARK: Consider approval of Amendment No. 3 to the license agreement with Gray Line Water Tours to provide for a five-year extension of the license in order for Gray Line to recoup some of its investment for modifications to the vessel. This City Attorney explained that Mr. Steve Peper, President of Gray Line Water Tours, requested a modification to the agreement extending for five years, with a monthly payment of $1,500.00, during the five-year extension period, which is an increase from the previous five-year period. His request is based on the desire to make modifications to the boat, and to -8- os/18/99 recoup the expense over an additional period of years. The agreement stipulates that the City has to approve the modifications to the boat, and modifications have to be constructed by their opening in November 1999. If not, than the agreement is null and void. Discussion followed by the Commission. Mayor Alperin stated that a motion is necessary to deny Amendment No. 3 to the Riverboat license. Mrs. Archer so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST TO WAIVE LIENS/BARNETT PROPERTY: Consider a request to forgive all liens against property located on Lot 23, Block 23, owned by Grace Barnett, in order for a closing to occur on the CRA's purchase of additional property owned by Ms. Barnett. The City Attorney explained that liens on property owned by Grace Barnett in the amount of $4,695.95 with interest totaling $6,989.97. The City Attorney then recommended a motion to waive and to provide satisfaction or other legal documents removing all liens on Lot 23, Block 23. Mr. Schmidt so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. EMPLOYEE PENSION PLANS: Provide direction concerning proposed amendments to the following pension plans: 1. Police and Firefighters Pension Plan 2. General Employees Pension Plan Mr. Joe Safford, Finance Director, explained that the City Manager's recommendations would be reviewed by the various unions and pension boards for their ratification. The recommendations were discussed at the previously held Pension Board meeting where they seemed in concert with the proposal. Mr. Safford gave an explanation of the background of the modifications. He then asked for direction to proceed. -9- 0S/18/99 Discussion followed by Commission. There was a consensus by the Commission to proceed with the ratification process. 9.E. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint an alternate member to the Civil Service Board to fill an unexpired term ending July 1, 2000. The appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Murray Gold to the Civil Service Board as an alternate member to fill an unexpired term ending July 1, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes. Said motion passed with a 4 to 1 vote. 9.F. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint a citizen-at-large member to the Parking Management Advisory Board to fill an unexpired term ending January 31, 2001. The appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Bernard Dahlem to the Parking Management Advisory Board as a citizen-at-large member to fill an unexpired term ending January 31, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.G. REQUEST FOR FINANCIAL ASSISTANCE/ATLANTIC HIGH SCHOOL - NATIONAL HIGH SCHOOL TRACK AND FIELD CHAMPIONSHIPS: Consider a request from Atlantic Community High School for funding support to assist two of Atlantic High's student athletes to participate in the National High School Track and Field Championships to be held in Raleigh, North Carolina, on June 11, 1999. The City Manager stated there are two students on the track team at Atlantic High who have qualified for national competition. The track coach is looking for assistance in raising the money for the travel expenses that are not covered by the school. He noted there have been cases in the past where the City Commission assisted with different youth groups traveling to national events of one type or another. Mr. Harden recommended that funding somewhere in the $250 to $500 range be allocated. He added there are sufficient funds in the City Commission -lo- 05/lS/99 Special Event contingency account to cover this expense. In response to Mayor Alperin's question as to how much money the Commission allocates to each of the Fifth Grade Safety Patrol classes for travel to Washington, D.C., the City Manager stated the City provides $500.00 per school. Mr. Schmidt commented that he feels this situation is somewhat unique in that the students involved (Sean and John Jefferson) are exceptional athletes having recently finished first and second in the State of Florida in their respective events. These students are national caliber competitors and Mr. Schmidt felt they should be supported. Mr. Schmidt moved to approve a funding allocation in the amount of $500.00 to assist two of Atlantic High School's students with travel expenses involved in competing at the National High School Track and Field Championships in Raleigh, North Carolina, with funding from the City Commission Special Event contingency account. Mrs. Archer seconded the motion. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:48 p.m., the Commission moved to Item 11 on the agenda. 11. Comments and Inc~uiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated there were no items requiring a response. ll.B. From the Public. 11.B.1. Frank Devine, 2200 South Ocean Boulevard, Executive Director of the Beach Property Owners Association, stated that the members of the BPOA welcomed the decision of the City Commis- sion at the April 13th workshop to improve the rather Spartan appearance of the bridge tender's building on the Linton Boule- vard bridge. The contrast between the cabin on the Atlantic Avenue bridge and the Linton building was very stark so the decision to improve the appearance of the Linton building was particularly welcomed since the Linton bridge is one of the major -11- 05/18/99 portals of entry to the barrier island. Mr. Devine further stated the BPOA supports Commissioner Archer's suggestion that in addition to some colorful paint on the Linton building, perhaps it would be possible to add some inexpensive decorative trim to make it look a bit better. Mr. Devine continued to state that because of the problem of traffic congestion, he frequently hears suggestions from BPOA members as well as others that we should move to timed bridge openings, both on the Linton Boulevard and Atlantic Avenue bridges. Mr. Devine recognized this as a very complex subject, but noted that in the last five weeks the Ocean Ridge Town Commission, the Boca Raton City Council, and the Highland Beach Town Commission have all asked the U.S. Coast Guard for timed openings on their bridges. In light of this, the Beach Property Owners Association would like to raise the question if this is something the City of Delray Beach should consider as well. ll.B.2. Gerald DeFoe, 142 Mockingbird Lane in Country Manors, presented letters from the Country Manors Men's Club and from the Country Manors Association Board of Directors which expressed concern about a possible change which might be under consideration for a change of location for Fire Station No. 4 EMS personnel and equipment. Mr. DeFoe stated that the various neighborhoods in the communities serviced by Station No. 4 are vitally interested in this issue, and would welcome a presenta- tion by the Fire Chief to explain any changes that might be contemplated. Mr. DeFoe commented that there are probably some unfounded rumors floating around and the neighborhoods would like to be kept informed so as to alleviate some of the fears these rumors are creating. Mr. DeFoe further stated that he had passed out some information concerning schools. The school concurrency bill was passed by the Legislature and was signed by the Governor. Mr. DeFoe stated it is his understanding that the Board of County Commissioners has incorporated the concurrency issue into the County's comprehensive plan, and with the acquiescence of the School Board, it is now up to the various municipalities to concur. He encouraged the City Commission to do so on the concurrency issue. He continued that another idea that came out of the Legislature is a streamlined effort to consolidate the many agencies at the City, State and Federal levels into one broader, better supervised and financed agency for pre-school children's care and instruction. On question from Mayor Alperin as to where he had heard about changes to Fire Station No. 4, Mr. DeFoe stated that rumors have been running rampant all through the neighborhood. He could not give a definitive source since he has heard it from numerous citizens. 12. FIRST READINGS: NONE 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Co~missioner Scb_~idt had no comments or inquiries. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Conm%issioner Wright had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Al~erin commented that he was somewhat disap- pointed when he read the letters which had been presented con- cerning possible changes at Fire Station No. 4 because they seemed to make accusations that things were being done behind somebody's back instead of asking questions about what really might be happening. He expressed the hope that, in the future when rumors like this start, that there be requests for informa- tion rather than the implication that something is being done on the sly. He felt that the leaders of homeowners associations and condominium associations should be asking for the facts instead of listening to rumors and jumping to conclusions. At this point, the time being 6:55 p.m., Mayor Alperin declared a recess until the meeting could be resumed at 7:00 p.m. for the public hearings. The time being 7:00 p.m., Mayor Alperin reconvened the meeting and the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS= 10.A. ORDINANCE NO. 16-99 (CITY-INITIATED CORRECTIVE REZONING FOR A PORTION OF KEELER'S DRAPERIES PROPERTY)= An ordinance rezoning a parcel of land from RM (Multiple Family Residential - Medium Density) to GC (General Commercial) District. The subject property is located on the east side of South Federal Highway, approximately 150 feet south of Tropic Isle Drive and is commonly known as the south half of the Keeler's Draperies property at 3415 South Federal Highway. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a quasi-judicial public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 16-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE SOUTH HALF OF THE KEELER'S DRAPERIES PROPERTY AT 3415 SOUTH FEDERAL HIGHWAY, LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 150 FEET SOUTH OF TROPIC ISLE DRIVE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney swore in those individuals who wished to give testimony on this item. Paul Dorling, Principal Planner, entered the project file into the record. Mr. Dorling stated this is a City-initiat- ed corrective rezoning from RM to GC that will apply an appro- priate zoning designation to an existing commercial use. The Planning and Zoning Board considered the proposed rezoning at a public hearing on April 19, 1999, and voted 5 to 0 to recommend o5/18/99 approval based upon positive findings. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 16-99 on Second and FINAL Reading, based upon the findings and recommenda- tion of the Planning and Zoning Board. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Prior to adjournment, Mayor Alperin asked if there was any one else in the audience who wished to address the City Commission on any non-agenda item? There were none. There being no further business, Mayor Alperin declared the meeting adjourned at 7:03 p.m. City Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of May 18, 1999, which minuteg wgre ~or~a~l¥ approved and adopted by the City Commission on ~ NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions.