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05-06-97 MAY 6, 1997 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., Tuesday, May 6, 1997. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay A1perin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ Missionary Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor A1perin noted that additional information had been provided for Item 9.A., Appeal of Site Plan Review and Appearance Board Decision and 9.F., Distribution of FY 97/98 Anti-Drug Abuse Act Grant Funds, on the regular agenda. Also, Mayor A1perin stated that Item 12.A., Ordinance No. 22-97 has been removed from the agenda at the request of the applicant (a copy of the applicant's letter is attached hereto and incorporat- ed herein as an official part of the Minutes). Mr. Randolph moved to approve the Agenda, as amended, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes= Mr. Schmidt moved to approve the Minutes of the Regular Meeting of April 15, 1997, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations= 6.A. Recognizinq and commendinq Leo Erbstein, Major of the Citizens Observer Patrol, selected as the Allstate Good Hands Florida Volunteer of the Year for Public Safety Mayor Alperin read and presented a proclamation recog- nizing and commending Leo Erbstein, Major of the Citizens Observ- er Patrol, for his dedication and devotion to the success of the Delray Beach Police Volunteer Program. Major Erbstein came forward to accept the proclamation. 6.B. National Safe Boating Week - May 17-23, 1997. Mayor Alperin read and presented a proclamation recog- nizing May 17-23, 1997 as National Safe Boating Week and encour- aged all boaters to wear their life jackets, boat responsibly and enroll in a safe boating class. Commander Bernard Englander, on behalf of Flotilla 54, came forward to accept the proclamation. 6.C. National Historic Preservation Week - May 11-17, 1997. Mayor Alperin read and presented a proclamation recog- nizing May 11-17, 1997 as National Historic Preservation Week and urged all citizens to recognize and participate in this special observance. John Vaughn, Chairman of the Historic Preservation Board, came forward to accept the proclamation. 6.D. Code Enforcement Officers' Appreciation Week - June 16-20, 1997. Mayor Alperin read and presented a proclamation recog- nizing June 16-20, 1997 as Code Enforcement Officers' Apprecia- tion Week. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. OF NOTE: 6.E. Reco.gnizinq and commendlnq Leon M. Weekes for receiving the Distinquished Citizen Award from the Boy Scouts of America. Mayor Alperin presented a proclamation recognizing and commending Leon M. Weekes for receiving the Distinguished Citizen Award from the Boy Scouts of America. 6.F. National Nursing Home Week - May 11-17, 1997. Mayor Alperin presented a proclamation recognizing May 11-17, 1997 as National Nursing Home Week. Presentations: 7.A. Delray Citizens for Delray Police (Perry DonFrancisco) in recognition of the Del-Aire Annual Charity Golf Tournament. 2 5/06/97 Mr. DonFrancisco stated that the Del-Aire Country Club community has held an Annual Charity Golf Tournament for the past seven years and has generously donated the proceeds from this tournament to the City's Police and Fire departments. These funds have been used to purchase both crime fighting and life saving equipment and materials which otherwise might not have been obtained due to budget constraints. Mr. DonFrancisco then introduced the following individuals: Mr. Dan Bernheim, Jr., Mr. Malcolm Levenson, and Mr. and Mrs. Walter Warheit. He also recognized Mr. Bob Smith and Mr. Jay Felner. Mr. Bernheim presented a check in the amount of $11,000.00 to Police Chief Richard Overman. Mr. Malcolm Levenson and Mr. Walter Warheit presented a check in the amount of $11,000.00 to Fire Chief Robert Rehr. Mayor Alperin, on behalf on the City of Delray Beach, expressed sincere appreciation to the Del-Aire Country Club community and noted that the entire City will benefit from their generosity. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD EXPENDITURES: Ratify various expenditures approved by the SCRWTD Board at its meeting of April 17, 1997. 8.B. FINAL PLAT APPROVAL/DIALYSIS CENTER OF DELRAY BEACH: Approve the final boundary plat for the Dialysis Center of Delray Beach, being a replat of a portion of Lots 13 and 14, Breezy Ridge Estates, located on the north side of West Atlantic Avenue. 8.C. ALLOCATION OF INTEREST EARNINGS/EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT: Approve the use of interest earnings from the 1993 Water and Sewer Revenue Bond Construction Fund (#440-0000- 361-10.00) to offset the negative balance of $150,600.80 on the East Atlantic Avenue Beautification Project; pending possible partial reimbursement from ISTEA grant and contractor closeout. 8.D. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of a funding subsidy totaling $17,122.60 for an eligible applicant under the Delray Beach Renaissance Program ($12,022.60 from HOME Account No. 118-1923-554-83.01, and $5,100.00 from SHIP Account No. 118-1924-554-83.01). 8.E. AGREEMENT AND GENERAL RELEASE WITH JOHN LOMBARD/FIRE DEPARTMENT TRAINING: Approve an Agreement and General Release between the City and John Lombard, as Owner, for the use of property located at 2315 North Swinton Avenue for fire rescue training exercises. 3 5/06/97 8.F. RESOLUTION NO. 37-97: Adopt a resolution requesting funding assistance from the Florida Department of Environmental Protection for the state share of funds to implement the Beach Nourishment Project as detailed in the Long Range Beach Erosion Control Budget Plan. The caption of Resolution No. 37-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING ASSISTANCE FROM THE FLORIDA DEPART- MENT OF ENVIRONMENTAL PROTECTION FOR THE STATE SHARE OF FUNDS TO IMPLEMENT THE BEACH NOURISHMENT PROJECT AS DETAILED IN THE LONG RANGE BEACH EROSION CONTROL BUDGET PLAN. (Copy of Resolution No. 37-97 is on file in the offi- cial Resolution Book) 8.G. RESOLUTION NO. 38-97: Adopt a resolution encouraging the Florida Department of Transportation to construct and operate a weigh station on Interstate-95 in Martin County in an effort to encourage truck traffic to travel on the Florida Turnpike as an alternative to 1-95 in South Florida. The caption of Resolution No. 38-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ENCOURAGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT AND OPERATE A WEIGH STATION ON INTERSTATE-95 IN MARTIN COUNTY IN AN EFFORT TO CONTROL THE USE OF INTERSTATE HIGHWAY BY LONG HAUL TRUCK TRAFFIC AND ENCOURAGING TRUCK TRAFFIC TO TRAVEL ON THE FLORIDA TURNPIKE; PROVIDING FOR DISTRIBUTION OF COPIES; AND PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 38-97 is on file in the offi- cial Resolution Book) 8.H. CHANGE ORDER ~1 AND FINAL PAYMENT/COMMUNITY ASPHALT COMPANY: Approve deduct Change Order #1 (Final) in the amount of $3,474.04, and final payment in the amount of $18,946.33 to Community Asphalt Company for completion of the 1996 street resurfacing project, with funding from 334-3162-541-63.10. 8.I. CHANGE ORDER ~1 AND FINAL PAYMENT/HARDRI~rES OF DELRAY, INC.: Approve Change Order #1 in the net add amount of $2,525 and final payment in the amount of $7,986.67 to Hardrives of Delray, Inc. for completion of the Merrit Park parking area, with funding from 334-4120-572-63.10. -4- 5/06/97 8.J. AUTHORIZATION TO FILE OFFER OF JUDGMENT/ELIZABETH HARTMANN AND MILTON HARTMANN V. DELRAY HARBOR CLUB AND THE CITY OF DELRAY BEACH= Authorize the City Attorney to file an offer of judgment in the referenced matter. 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS= Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period April 14 through May 2, 1997. 8.L. AWARD OF BIDS AND CONTRACTS= 1. Bid awards through the Community Development Block Grant Program; to Henry Haywood for housing rehabilitation projects at 40 S.W. 9th Avenue in the amount of $11,749.50, and at 609 S.W. 5th Avenue in the amount of $16,737.00; to Craftsman Plus, Inc. for housing rehab at 207 S.W. 9th Street in the amount of $8,809.50, with funding from 118-1963-554-49.19. 2. Purchase award via Florida State Contract #250-040-96-1 to Dell Computer Corp. for Dell Local Area Network (LAN) server, including support for 3 years, in the amount of $18,075 from 001-1811-513-64.11. 3. Purchase award to Oracle, sole source provider, for Access Manager and Transparent Gateway Data- base Integration Software to support the City's existing Hansen software, in the amount of $27,748 from 441-5161-536-66.10 through budget transfer from 441-5161-536-63.90. 4. Purchase award to Data Flow Systems, Inc., sole source provider, to convert the frequency of the wastewater collection telemetry system radios to avoid interference with Florida Power and Light's radio signal, in the amount of $11,425 from 442-5178-536-46.20 through budget transfer from 441-5178-536-61.36. 5. Purchase award to Westinghouse Audio Intelligence Devices, Inc., for a one-ton cargo mobile survel- lance systems van for the Police Department, in the amount of $76,863 with $54,000 from 001-2115-521-64.20 and $22,863 from 501-3312- 591-64.20. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor -5- 5/06/97 Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: At this point the City Attorney announced that the applicant for Item 9.A. is en route to the meeting and requested this item be considered later on the agenda. The Commission concurred. Item 9.B. was moved forward on the agenda. 9.B. CONDITIONAL USE REQUEST/EMMANUAL EVANGELICAL LUTHERAN CHURCH: Consider a request for conditional use approval to allow the establishment of a church (Emmanuel Evangelical Lutheran Church of Delray Beach) within the R-1-A (Single Family Residen- tial) zoning district. The subject property is located at the west end of S.W. 6th Street, approximately 130 feet west of the intersection of S.W. 6th Street and S.W. 17th Avenue. QUASI- JUDICIAL PROCEEDING The City Attorney 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 Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Acting Planning Director, entered into the record the Planning and Zoning Department's file No. 97-107 on this project and a listing of pertinent documents. The condi- tional use request is to establish a 5,984 sq.ft, church facility with 280 seats with a possible future expansion of 2,085 sq.ft. on a .93 acre parcel. The property is located on the west end of S.W. 6th Street and S.W. 17th Avenue and will back up against the 1-95 sound wall. The church had previously requested a condi- tional use approval for a church facility more centrally located in the same neighborhood; however, this request was denied by the City Commission on October 10, 1995. This denial was due to concerns over the abundance of churches and industrial uses in the vicinity. Addressing these concerns, the church selected a site which is on the edge of the neighborhood abutting 1-95. There are no church uses within a 1,000 ft. radius and three churches are within a 2,000 ft. radius. The Planning and Zoning Board considered this item at its public hearing on April 28, 1998 at which time residents spoke both in opposition and support of the request. Those against the request raised concerns over the potential noise and traffic of a church, while those in favor felt a church would not be disruptive to the neighborhood. The Board recommended denial on a 4 to 2 vote citing the concerns that the request would be detrimental to the stability of the neighborhood. The following individuals addressed the Commission on this issue: 6 5/06/97 Bob Miller, representative for the applicant and the church's sponsor Trinity Lutheran Church, gave an overhead presentation of the site. Mr. Miller addressed several concerns which were expressed at the Planning and Zoning Board meeting of April 28, 1997. In regard to the issue of noise, the church will be similar to the way Trinity Lutheran Church is constructed; thus, there is no noise during church services. City staff recommends that an opaque fence be constructed on the east side on the property. Mr. Miller stated that the church would be willing to build a 8 ft. concrete block wall in the same area if this would be more acceptable. At the present time the site is vacant and Mr. Miller felt a church would be a definite improve- ment to the area. Reverend Scott Gress, Pastor of Trinity Lutheran Church, stated that Trinity Lutheran Church has been in existence over 20 years. He further stated that it has been a privilege to work with these people who are very dedicated. For over 7 years the Haitian church has been meeting in the the original church building which is used as the chapel library. There are approxi- mately 100 individuals who attend services at Trinity and he felt it is long overdue that they have their own place of worship. Reverend Gress read an excerpt from the September 9, 1996 issue of U.S. NEWS AND WORLD REPORT. The article stated that there over 30 studies which show a correlation between religious participation and avoidance of crime and substance abuse. Reverend Edouane Jean, Pastor of Emmanual Evangelical Lutheran Church, stated that the Haitian community started a bible class in a local home in Delray Beach; however, they soon outgrew the home and it became necessary to find a church in which to worship. Trinity Lutheran Church has welcomed the Haitian community's use of their church for over 7 years, free of charge. Trinity's chapel library only seats 50 persons and currently there are over 150 Haitians who attend services at this facility. With the assistance of Mr. Miller, the congregation has finally been successful in its attempt to find another location in Delray Beach. Reverend Jean emphasized that his congregation is very poor but has managed to come up with over $3,000 just to meet the City's regulations. He felt this particular location adjacent to 1-95 is where he would like to build Emmanual Evan- gelical Lutheran Church. Reverend Jean emphasized that many Haitians do not own cars and many worshipers give others a ride to church services. Services are held only on Sundays, which eliminates the problem of additional traffic during the weekdays, with the exception of occasional special services. With respect to concerns about noise, the congregation is very peaceful. With the way the church will be constructed and with the surrounding wall, noise from the church (if any) will not be anything com- pared to the noise from 1-95. With respect to concerns of crime, a place of worship does not attract crime to any community. 7 5/06/97 Julius Grisby, 505 S.W. 15th Terrace and Vice President of Carver Park Homeowners Association, stated that the associa- tion is strongly opposed to the conditional use request. Al- though he sympathized with Pastor Jean, Mr. Grisby noted that this issue is not about the history of the Haitian church or discrimination but the issue of the location of this site in a single family neighborhood. He emphasized that access to/from the property is one-way which presents a problem with E.M.S. trying to get into this area. He pointed out that approximately 85% of the families in this area are disabled and/or retired citizens who just want to live quietly. Traffic is a major concern. Mr. Grisby noted that on five different occasions, cars actually entered a home located on S.W. 15th Terrace causing major damage, yet this is the same road which was previously abandoned, and now they want to reopen the road as an entrance to the church. Heorge Anne Florence, 1518 S.W. 3rd Street, President of Carver Park Homeowners Association, stated that many of the residents have lived in this neighborhood since the 1960's and wish to keep the area as single family. She pointed out that many of the businesses in the area work on Sundays. The Delray Full Service Center, the Boys and Girls Club, and the Catherine Strong Center are located in this area which all have activities on Sundays. Ms. Florence emphasized that the majority of the residents are Christians and sympathized with their fellow Christians. However, they feel this is not the appropriate location for a church. Floyd Brooks, Sr., 414 S.W. 14th Terrace, stated that he has lived at this location since 1962 and he was the first president of the Carver Park Homeowners Association. Mr. Brooks stated that many vehicles are abandoned in this area and there is overgrown grass. He and other residents have tried their best to keep the neighborhood clean. He felt that if the church is built here and another wall is put up, there simply is not going to be enough breathing space. In conclusion, Mr. Brooks felt the site is too small to accommodate a church. Addle Holiday, 425 S.W. 15th Terrace, expressed concern about the possibility of declining property values. Jose Aquila, congregant of Trinity Lutheran Church, spoke in support of the conditional use request. He stated that he has visited the proposed site and after reviewing the staff report, concurred with all conclusions and staff's recommendation for approval. He pointed out that all of the required perfor- mance standards can be met regarding concurrency, water, sewer, waste, fire and safety performance standards. Ail potential adverse impacts upon the neighborhood could otherwise be mitigat- ed using required development standards. He pointed out that the site is zoned R-1-A but its depth is inadequate for home construction on a large portion of the lots. A church is an appropriate use in this area, and after it is constructed the 8 5/06/97 residents will find it will have a very positive affect upon the neighborhood. He urged the Commission to approve the conditional use request so that this congregation will have a place in which to worship. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Schmidt asked the applicant for clarification if the proposed fence (which is to be installed on the east side of the property) will have a 10 ft. landscaped buffer between the wall and the property line? In response, Mr. Miller stated that the church is agreeable to a wall if the surrounding residents so desire. The fence will be set 25 ft. from all property lines and there will be a 10 ft. easement right-of-way which the church and landowners will give to FP&L for access. Mr. Randolph asked if any additional lighting will be placed on the site; and if so, what type of lighting? Mr. Miller responded that the church will adhere to the City's requirements for lighting. Mr Ellingsworth stated that last time the Commission considered a conditional use request for a church it was denied primarily due to the location. He felt this particular location was appropriate and that it is time to move ahead and let this congregation build their church. Mr. Ellingsworth moved to approve the conditional use request to allow the establishment of Emmanuel Evangelical Lutheran Church of Delray Beach based upon the findings and subject to the conditions recommended by the the Planning and Zoning Board; and that a 8 ft. concrete wall is be installed along the eastern property line, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes. Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, discussion ensued regarding the installation of an 8 ft. concrete wall along the eastern property line. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 21-97: (SECOND READING/SECOND PUBLIC HEARING) An ordinance amending Section 4.4.9, "General Commer- cial (GC) District", Section 4.4.13, "Central Business (CBD) -9- 5/06/97 District", Section 4.4.20, "Industrial (I) District", Section 4 4 21 "Community Facilities (CF) District" Section 4 4 26 "Light Industrial (LI) District"· Section 4.4.27, "Open Space and Recreation (OSR) District", Section 4.3.3, "Special Requirements for Specific Uses", and Appendix A, "Definitions", of the Land Development Regulations to provide for the regulation of telecom- munication towers and antennas. 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. 21-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS 4.4.9(D) (7), 4.4.13 (D)(6), 4.4.20 (D) (3), 4.4.21(D) (5), 4.4.26 (D) (2), AND 4.4 . 27 (D) , "CONDITIONAL USES AND STRUCTURES ALLOWED", OF LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE DELETION OF COMMUNICATION AND TRANSMISSION FACILITIES/TOWERS AS A CONDITIONAL USE IN THE GENERAL COMMERCIAL (GC), CENTRAL BUSINESS (CBD) DISTRICT, INDUSTRIAL (I), COMMUNITY FACILITIES (CF), LIGHT INDUSTRIAL (LI), AND OPEN SPACE AND RECREATION (OSR) ZONING DISTRICTS; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(S), "TELECOMMUNICATION TOWERS AND ANTENNAS", TO PROVIDE FOR REGULA- TIONS ESTABLISHING FREESTANDING TELECOMMUNI- CATION TOWERS AS A PERMITTED USE IN THE PLANNED COMMERCIAL (PC), PLANNED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COMMUNI- TY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT OF 64 FEET, OR AS A CONDITIONAL USE IN THE PLANNED COMMERCE CENTER (PCC), MIXED INDUSTRIAL AND COMMERCIAL (MIC), LIGHT INDUSTRIAL (LI), INDUSTRIAL (I), OPEN SPACE AND RECREATION (OSR), AND COMMUNITY FACILITIES (CF) ZONING DISTRICTS FOR MONOPOLE TOWERS HAVING A MAXIMUM HEIGHT GREATER THAN 64 FEET; TO PROVIDE FOR DEVELOPMENT STANDARDS AND CRITE- RIA, APPLICATION REQUIREMENTS, INSPECTIONS, CO-LOCATION REQUIREMENTS, USE OF CITY-OWNED PROPERTY FOR TELECOMMUNICATION FACILITIES, REVIEW AND APPROVAL PROCESS, AND WAIVERS TO LOCATION, HEIGHT, AND CO-LOCATION REQUIRE- MENTS BASED ON FINDINGS MADE BY THE CITY COMMISSION; TO PROVIDE FOR REGULATIONS GOVERNING EXISTING TOWERS, ABANDONED TOWERS AND ANTENNAS NOT LOCATED ON TELECOMMUNICATION -10- 5/06/97 TOWERS; AMENDING APPENDIX A, "DEFINITIONS", TO PROVIDE DEFINITIONS FOR THE TERMS "ANTEN- NA'' , "GUYED TOWER" , "MONOPOLE TOWER" , "PANEL ANTENNA" , "SELF- SUPPORT/LATTI CE TOWER" , "STEALTH FACILITY" , "TELECOMMUNICATION TOWER" , AND "WHIP ANTENNA"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 21-97 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. Mayor Alperin declared the public hearing open. Jean Beer, 945 Tropic Boulevard and representing Progressive Residents of Delray (PROD), stated that she under- stood the rationale in going forward with this ordinance and not extending the moratorium. PROD feels that this issue will need continuing attention and is concerned that 64 ft. high communica- tion towers are not covered under this ordinance. Concerned about the possible proliferation of these towers, Ms. Beer urged the Commission to continue monitoring any new developments in this field. Helen Coopersmith, 1222 South Drive Way, felt that the moratorium should be extended until new products and technology are available which could possibly eliminate the need for commu- nication towers. She pointed out that from 1-95 from Linton Boulevard to Atlantic Avenue, there are 6 communication towers. She urged City residents to write to our Congressmen and Repre- sentatives stating that we do not want these communication towers in our City. Gary Brown, President of F.A.C.T.S. and member of the National Coalition of Citizens for Local Control in the EMR Alliance, pointed out that for every 64 ft. high communication tower there has to be 6 to 8 smaller towers. Thus, he felt there will be a proliferation of smaller towers in every location imaginable. Mr. Brown stated that he has seen what has happened to cities all across the nation and it is becoming a disaster. There are realms of information to consider and Mr. Brown urged the Commission to postpone consideration of this ordinance before the moratorium expires so that the City can benefit from the results of the County's Task Force study on this issue. The public hearing was closed. -11- Upon question by Mr. Ellingsworth, the City Attorney stated that the six month moratorium on telecommunication towers expires June 15, 1997. Mr. Egan and Mr. Randolph felt that the City should not procrastinate any longer and that the ordinance should move forward. However, the Commission should remain open to new information regarding this issue with the understanding that the ordinance can be amended at a later date as new information may dictate. Mr. Egan moved to adopt Ordinance No. 21-97 on Second and FINAL Reading, seconded by Mr. Randolph. Prior to roll call, Mayor Alperin noted that the existing moratorium does not expire until June 15, 1997. He suggested that final consideration of Ordinance No. 27-97 be postponed until the June 3rd regular meeting, which would be the last regular meeting before the moratorium does expire, to allow staff one more opportunity to check with the County to see if any new information has been presented. Mr. Egan amended his original motion and moved for a continuance of Ordinance No. 21-97 to the date certain of June 3, 1997. Mr. Randolph amended his second. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to the question why benches were appearing in residential neighborhoods east of the Intracoastal Waterway, the City Manager stated that the benches were installed on public rights-of-ways adjacent to seawalls as part of the City's con- tract with F.I.N.D. The City's application for the P.I.N.D. grant did include the design with the benches. On August 19, 1996, F.I.N.D. wrote a letter to the City stating that they had received our project completion certificate and pictures of the project. F.I.N.D. noted that the pictures did not show public access amenities that were proposed as an integral portion of this project and asked the City to send photographs of those amenities {benches) so that they could continue processing completion of the project. The City Manager stated that the City would not have received monies from F.I.N.D. if we did not put the benches in as we agreed to do when we accepted the grant. In response to a concern regarding a break in the sidewalk along Lake Ida Road between Davis Road and the Rainberry Lakes intersection area, the City Manager stated that the road -12- 5/06/97 belongs to Palm Beach County. Staff will be contacting Palm Beach County to see if they will assist us in putting the side- walk in this missing link. There was also a prior concern raised regarding the 18 parking spaces at the corner of Andrews Avenue and Atlantic Avenue, across from the Prudential Realty office. It was sug- gested that something be added to the sign or a new sign be erected stating that the area is for public parking, along with the minimum number of hours allowed for parking. The City Manager stated that the Minutes of the City Commission meeting of August 11, 1981, state that the original conditional use request for the Camino Real Hotel was approved with a condition that the 18 parking spaces located at the southwest corner of the property be made available to the affected merchants along Atlantic Avenue. These parking spaces were required as a result of traffic modifications along Atlantic Avenue which resulted in the removal of 19 on-street parking spaces. However, there is nothing in the approval that requires or would allow any specific signage. The property belongs to the Camino Real Hotel. It is not public property, and it is staff's opinion that the present situation complies with the conditional use requirement. ll.B. From the Public. 11.B.1. Charlotte Wright, resident of Delray Shores, stated there is a very serious exterminating problem in her neighbor- hood. She has contacted the County's Health Department as well as the City's Code Enforcement division about this problem, but was told that they could no nothing to help the situation. Since she does not own animals, Ms. Wright felt the neighborhood has contributed to this situation. To have the house tented would cost $500.00 which she cannot afford. She asked that the City do something to alleviate the situation. 11.B.2. Robert Jackson, 2300 Spanish Trail, stated that on April 17, 1997 he had contacted Code Enforcement regarding a problem with severe stench and mosquito infestation directly behind his property. He explained that the root of this problem is that there are buckets and garbage cans filled with dog feces on the rental property behind his home. Mr. Jackson stated this is a group of six townhomes that were supposed to have been sold fee simple, but were turned into rental units. He felt that the tenants of these townhomes are not concerned citizens and have no consideration for their neighbors. With the recent rains, the situation has gotten worse because of mosquitoes. Mr. Jackson emphasized that he and his family cannot use their yard because of the smell and the mosquitoes and expressed concern about the health of his family due to this problem. After complaining to the developer, the County Health Department and Code Enforcement, nothing has been done. After contacting Code Enforcement on April 17, 1997, Mr. Jackson was informed that the property could not be cited for -13- 5/06/97 violation and his problem would be turned over to Animal Control. After contacting Code Enforcement again, he was informed by a female employee that the property could be cited. A case number was assigned and he was informed that the situation would be actively pursued, but nothing has been done on the case. In conclusion, Mr. Jackson voiced his frustration over the entire situation and urged the City to respond to this severe problem. Mayor Alperin stated that the City Manager will have staff respond promptly to this situation. 12. FIRST READINGS: 12.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 12.B. ORDINANCE NO. 23-97: An ordinance amending Section 4.3.4, "Base District Development Standards", of the Land Devel- opment Regulations to eliminate conflicting language which requires platting to separately convey duplex units. If passed, a public hearing will be scheduled for May 6, 1997. The City Manager presented Ordinance No. 23-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTIONS 4.3.4(B), "LOT AREA", AND 4.3.4(I), "DENSITY", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO DELETE LANGUAGE WHICH REQUIRES PLATTING TO SEPARATELY CONVEY DUPLEX UNITS, AND CLARIFY- ING THAT A COMMONLY OWNED DUPLEX STRUCTURE CANNOT BE SUBDIVIDED INTO SEPARATE OWNERSHIP UNLESS A TWO HOUR FIRE RATED TENANT SEPARA- TION WALL IS PROVIDED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Mr. Randolph moved to approve Ordinance No. 23-97 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the Regular Agenda portion of the Agenda. Mr. Schmidt declared a conflict and stepped down for the following item. 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECI- SION: Consider an appeal of the SPRAB approval of a site plan modification for the Camino Real/Holiday Inn Hotel, located at -14- 5/06/97 the northwest corner of Atlantic Avenue and A1Ao QUASI-JUDICIAL PROCEEDING Mayor Alperin announced that the City has received letters of appeal from both Kathryne B. Stokes and the Manor House Condominium Association. The City Attorney stated that there is a standing issue as it relates to the appeal by Ms. Stokes and there is an issue of sufficiency of the appeal as it relates to the Manor House. She suggested that these issues need be addressed prior to proceeding with the hearing on the appeals. Kathr~ne B. Stokes, 1220 Southways, read a portion her letter of appeal dated May 6, 1997 (copy is attached hereto and incorporated herein as an official part of the Minutes). Mr° Ellingsworth moved to reject the appeal filed by Ms. Stokes, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes. Said motion passed with a 3 to 1 vote. Martin Perry, Attorney representing the Manor House Condominium Association, stated that he is withdrawing his appeal, as a resolution as been reached between the Manor House and the developers of the Camino Real Hotel. No member of the Commission wished to appeal the Site Plan Review and Appearance Board's approval of the site plan modification for the Camino Real/Holiday Inn. Hence, the Site Plan Review and Appearance Board's action stands. At this point Mr. Scmidt returned to the dais. 9.C. CONDITIONAL USE MODIFICATION REQUEST/DELRAY SWAP SHOP: Consider a conditional use modification request associated with the construction of a 22,436 square foot building at the Delray Swap Shop located on the east side of North Federal Highway, approximately 500 feet north of Allen Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney 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 Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Acting Planning Director, entered into the record the Planning and Zoning Department's Files No(s). 97-102 and 94-60 on this project and a listing of pertinent documents. The conditional use request is to construct a 22,436 5/o6/9? sq.ft, building on the Delray Beach Swap Shop site to accommodate indoor vendors. It is anticipated that the building will accom- modate a similar number of vendors which currently occupy the building footprint as "outside" vendors. The conditional use identifies the following uses: new and used merchandise for sales; antiques; auctions; sale of produce and nursery items: food service; restaurants; food stalls; and food cards; and, entertainment. Enclosing some vendors will help the site to be more compatible with surrounding residential and commercial uses (while the proposal to house the vendors in a 22,000 sq.ft, metal building will not). One of the recommendations of approval is that the conditional use should be conditioned upon a concrete construction building with the architectural detailing to be ap- proved by SPRAB. The applicant has agreed to the list of condi- tions. There are some concerns with the types of uses which are listed in the request which include a category of entertainment which are limited to car shows, clowns, street performers, etc. Staff has concerns over the noise of these performers, and the increase of traffic intensity associated with car shows. There- fore, staff is recommending that any outdoor entertainment which involves music and the car show aspect of the request be prohib- ited. Further, concerts, circuses, carnivals or the like are not permitted in the CG zoning district. The Planning and Zoning Board considered this item at its meeting of April 28, 1997 and recommended approval of the request on a 4 to 3 vote. At the meeting concerns were expressed regarding increase traffic, parking demands, noise, litter, building aesthetics, and the proposal's inconsistency with the Redevelopment Plan for North Federal Highway. Mark Perry, Attorney representing the applicant, stated that the 1994 Annexation and Development Agreement also included planned development of this site. The plan provided that an easterly portion of the site would be devoted to parking, with the westerly portion devoted to the vendors' booths. The propos- al is to place the 22,436 sq.ft, building in the center of the site with the intent of taking 153 outdoor booths, reducing them to 97 booths and relocating the booths in the interior. Mr. Perry stated that his client does not have any problem with the recommended conditions of approval He noted that this area is considered a blighted area by residents in this area; and, that his client has substantial funds to develop the property. Also, his client is willing to provide personnel to direct traffic, enforce parking and direct pedestrian movement as part of the approval. Additional parking will be provided on the northwest portion area which is presently being used for vendor booths. He stated that his client has purchased property to the north (identified as Parcel #504) which will be used for off-site parking. Mr. Perry read into the record a listing of conditions which his client would be willing to do if the Commission should looked favorably upon the conditional use request. Marilynn Cart, owner of a business located north of the Swap Shop, supported the conditional use request and that she was -16- 5/06/97 willing to let the Swap Shop use her property for overflow parking, if needed. William C&ll&nder, 2175 N.W. 14th Street and operator of a business located at the Swap Shop, pointed out that the owner has invested unlimited amount of monies to improve the Swap Shop. He noted that customers come from all over the United States, including international visitors, to visit the Swap Shop, who then visit local restaurants, retail stores, etc., which helps boost the economy of Delray Beach. Len Dicker, vendor, spoke in support of the conditional use request. Nick Atwood, 3598 Coco Plum Circle, Coconut Creek and speaking on behalf of the Animal Rights Foundation of Florida, stated that the Foundation opposes the construction of a building at the Swap Shop if those plans include the addition of live animal acts. Should the expansion be approved, the Animal Rights Foundation request that strong language be included in the agreement which would absolutely prohibit future animal acts. John Weaver, Chairman of the Community Redevelopment Agency, stated that this issue was considered by the CRA on March 27, 1997 and was unanimously denied. In the CRA's Redevelopment Plan there are 8 subareas, with the North Federal Highway Plan being Area #5. The plan outlines the needs, problems and oppor- tunities of the North Federal Highway Corridor. One of the problems listed in this plan is that the Swap Shop presents a negative visual image, creates traffic hazards and parking problems for area businesses and residents. The needs, of this area is to improve the visual appearance of the corridor; stabi- lize the residential neighborhoods; and, improve the overall condition of housing. Mr. Weaver felt that the expansion request will create a negative impact and prohibit future investment in the North Federal Highway area and urged the Commission to deny the conditional use request. Stanley Milosk¥, 610 Allen Avenue, stated that several years ago he had been informed that the Swap Shop was in the process of being sold. He noted that the CRA lead local the residents to believe that the trailer park on North Federal Highway was going to be purchased by the CRA. Instead, the trailer park is still here and the Swap Shop is now seeking approval to expand. He emphasized that the Swap Shop is an eyesore; has a serious parking problem; creates noise; debris; and, creates traffic hazards. He noted that it is a policy of the State, through Interlocal Agreement with the County, to eliminate problem causing enclaves. He asked why this agreement was signed making it a conditional use and giving it special privileges at the time of annexation? The Swap Shop should have all the vendors located inside a building, be nicely landscaped and provide ample parking. Me emphasized that all rolled canopies, storage sheds, and miscellaneous buildings should be removed from -17- 5/06/97 the property. It was pointed out by Mr. Milosky that even if these items were removed from the property, the Swap Shop would still be an eyesore and would still create horrendous traffic problems affecting the residents and other businesses in the area. In conclusion, he urged the Commission to deny the condi- tional use modification. Tim ~ernandez, Vice-President of Land and Marketing with Pulte Homes Corp., South Florida Division, stated that there are very serious issues regarding the future redevelopment of North Federal Highway. Even though Pulte Homes has a substantial investment in this area and coexist with properly designed, aesthetically pleasing, responsively managed facilities, the Swap Shop has none of these features. He emphasized that the Swap Shop has clouted its terms and provisions of the 1994 annexation agreement as it has not complied with landscaping provisions; have not provided parking as proposed; has not submitted proposed plans which indicate that they will become a good neighbor. Despite many calls, Mr. Hernandez stated they have never respond- ed to Pulte's complaints. As a former Community Development Director, as a professional planner, and as a representative of Pulte (residents of Kokomo Key), Mr. Hernandez stated that by approving this request will only give sanctioned and future impetus to what really is an interim land use. He emphasized that the Swap Shop has done nothing in the past which indicate that they will do something that will be of credit to the commu- nity, enhance the aesthetic appeal of this area or will encourage economic development. The operator of a trailer park located at 1710 and 1800 North Federal Highway, stated that the CRA has never returned his calls regarding the North Federal Highway corridor. He felt that the construction of the new building will help to increase the economy in this area and promote further business. He suggested that the Commission review the CRA's North Federal Highway Corridor (Area ~5) because he felt the CRA is actually preventing further redevelopment in this area. John Buer, stated that he had intended to purchase a townhouse at KoKomo Key but withdrew his offer after learning about the proposal to construct a permanent building at the Swap Shop. Maz~ Ellen Murphy, resident of KoKomo Key, stated that she had moved from Broward County because of its congestion. Ms. Murphy voiced her disappointment in the CRA's Redevelopment Plan and read into the read an excerpt from Page 23 of the North Federal Highway Corridor Plan which reads as follows: "the existing development pattern of low density residential housing and the close proximity of commercial properties along North Federal Highway creates the potential for conflicts between uses in the studied area. Precautions must be taken in the redevelop- ment of commercial properties along Federal Highway to minimize the conflicts and avoid unnecessary intrusion into the residen- -18- 5/06/97 tial neighborhoods. The City wants to encourage additional residential development in the studied area". Also, on Page 29, "... a large commercial scale project could become the focal point for local redevelopment and act as a catalyst for addition- al development; however, expansion of the Swap Shop is not one of those focal points". Brian Rossnan, 841 KoKomo Key Lane, felt that the request is consistent with the Future Land Use Plan and follows the intentions of the CRA. He pointed out that two friends who had planned to purchase property at KoKomo Key had also withdrew their offers because of the Swap Shop's proposal to construct a permanent building. Patrick Ahern, 858 Kokomo Key Lane, stated that it is very difficult to pull in/out of the development due to cars parking along the street and people crossing the street trying to get to the Swap Shop. He pointed out that many people are moving to Delray Beach because of development and activities along Atlantic Avenue. Mr. Ahern felt that activities at the Swap Shop contradict the improvements made on East Atlantic Avenue. He emphasized that people spend money on restaurants, shopping, etc., which helps increase the City's revenue and felt it was questionable whether goods being purchased at the Swap Shop were being taxed. He pointed out there are mangrove areas behind the Swap Shop which drain into the Intracoastal Waterway and asked if the water has been checked for pollution. Duane Ferraro, resident of West Palm Beach, felt that the Swap Shop is here to stay. He supported the request because he felt a permanent structure would help the Swap Shop aestecti- cally and help to clean up the area. Mort¥ Flea, Swap Shop vendor, spoke in favor of the request. Although he sympathized with the residents of Kokomo Key, he felt they were aware of its location when they purchased their property. However, if he were a developer, he would never consider building a nice development such as Kokomo Key next to a Swap Shop. Mr. Flea further stated that the Swap Shop is under new management as the owner passed away and other members of his family are running it differently. They are doing a very good job in management and are a pleasure to deal with. He pointed out that people shop at flea markets due to the fact that they are different, find it fun to shop and discover bargains. Shawn MurDhy, 920 KoKomo Key Lane, emphasized that the Swap Shop has a tremendous parking problem and was concerned of the possibility of a bad accident happening. Mark Latham, 922 KoKomo Key Lane, stated that he has been a resident of Delray Beach for 16 years and everyone is aware of the parking situation and try to avoid travelling North Federal Highway during the weekends. -19- 5/06/97 Jean Beer, President of Progressive Residents of Delray, stated that PROD opposes the conditional use request based on failure to make positive findings. PROD feels this is sufficient reason for denial. Tom Bober, resident of Pompano Beach and Swap Shop Vendor for 13 years, referenced the Delray Affair which is attended by thousands every year; yet, no one complains of the trash, noise, etc. Francis (Pat) Cummings, 1059 Kokomo Key Lane, expressed concern that the intensity will increase if the Swap Shop goes indoors. This means that customers will be able to shop in all kinds of weather, including staying opened at night, which will put additional strain on the Police Department. The Police will have to park their vehicles, get out and patrol the alleyways, go inside the Swap Shop, etc. He emphasized that there will be an increase of land use and increase of all sorts of problems. Terry Turbyhill, resident of Lighthouse Point and owner and operator of the Delray Swap Shop, stated that the family has operated the Swap Shop for 30 years. He has personally managed it since his father passed away approximately one year ago. He emphasized that the Swap Shop will continue to operate, even if his request for a permanent building is denied. If the building is approved, it will mean that the vendors will be located inside which will be an asset and will also help to alleviate noise. Mr. Turbyhill emphasized that his family is taking every accommo- dation possible in order to make this work as far as installing landscaping and providing a police officer in the median to assist in crosswalk traffic. In regard to the Kokomo Key devel- opment, Mr. Turbyhill stated that he has tried to be a good neighbor and that his calls to set up a meeting with the develop- er has been unsuccessful. There being no one else who wished to give testimony on this item, the public hearing was closed. Mayor Alperin asked staff if the Swap Shop has complied with Items A thru D, Page 4, of the Annexation and Development Agreement? Also, have the metal storage containers and struc- tures existed on the property since at the time of annexation? In response, Mr. Dorling stated that all four items have been accomplished. In regard to the metal storage buildings, Mr. Dorling was unsure when the structures were placed on the property. He believed it was after the annexation and noted that the applicant has agreed to remove the structures. Mayor Alperin asked the applicant when the metal buildings were placed on the property? Also, what is the purpose for the construction of the 22,436 sq.ft, building? -20- 5/06/97 Mr. Perry responded that these structures were placed on the property prior to the Annexation and Development Agree- ment, which was prior to 1994. He explained that the purpose of the building is to provide an air conditioned facility to enable the booths to be placed inside during the summer months, during rains, etc. It will be beneficial to the vendors, as well as the customers. Mr. Schmidt asked if the applicant has complied with the requirements as setforth in Exhibit "D" (Parking and Traffic Management Program) which is attached to the Annexation and Development Agreement? In response, Mr. Perry stated that it is his under- standing that the applicant has met those requirements. The applicant has provided parking across the street on the vacant parcel north of the former Kentucky Fried Chicken site. Also, that the parking has not been as intense as it was initially in 1994. The property owner is not aware of any other parking requirements required by the City than what has already been done presently. Mr. Perry stated that if the City asks anything of his client, he would agree to those requirements. Jeff Costello, Senior Planner, confirmed that the applicant has complied with all terms of the Parking and Traffic Management Plan. Mayor Alperin declared the public hearing closed and opened the floor for Commission comments. Mr. Egan stated that he realizes the new management's efforts in trying to upgrade the Swap Shop. However, he felt the Swap Shop has been detrimental to the redevelopment of North Federal Highway. Approving the construction of a permanent building will only continue to be detrimental by adding more vendors, increasing customers and traffic intensity. He ex- pressed concern that contrary to the CRA's redevelopment plan for this area, commercialization will increase rather than residen- tial development. Mr. Randolph felt that the building will help to reduce some of the visual disparities and the Swap Shop has greatly improved since the 1980's; however, traffic intensity impact is a major concern. Mr. Schmidt concurred with comments made by Mr. Egan. He felt that the agreement which the City entered into needs to be read in conjunction with the policies that have been set forth and adopted by the City Commission in the Comprehensive Plan and the Land Development Regulations dealing with redevelopment on North Federal Highway. He pointed out that the Comprehensive Plan states that the area should provide for the economic stimu- lation and investment in the area. Also, another criteria is promoting local employment. Mr. Schmidt stated that he found it -21- 5/06/97 interesting that the vendors who spoke this evening do not live in the City. For those reasons, along with the fact that the Swap Shop hinders redevelopment in the North Federal Highway corridor, he could not vote to support the conditional use request. Mayor Alperin stated that he supported the CRA's Redevelopment Plan for North Federal Highway. He preferred to see the Swap Shop remain as it is presently, as the perception of a permanent building on that site will have an major negative impact on any further development in this area. He would have to vote against the request as it will have a detrimental affect on future development and the stability of the residential neighbor- hoods. Mr. Ellingsworth moved to deny the conditional use modification request for construction of a 22,436 square foot building at the Delray Swap Shop, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. 9.D. RESOLUTION NO. 39-97: Consider approval of a resolu- tion vacating and abandoning a portion of the north/south alley right-of-way lying within Block 28, Town of Delray, but retaining and reserving to the City an easement over the entire area thereof, associated with the Greater Mount Olive Missionary Baptist Church child care center, based upon positive findings. The City Manager presented Resolution No. 39-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE NORTH/SOUTH ALLEY RIGHT-OF-WAY FOR ROADWAY PURPOSES ONLY WITHIN BLOCK 28, TOWN OF DELRAY, RECORDED IN PLAT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED SOUTH OF THE GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH BETWEEN N.W. 4TH AVENUE AND N.W. 5TH AVENUE, AND RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THERE- OF, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 39-97 is on file in the offi- cial Resolution Book) Paul Dorling, Acting Planning Director, stated that the request for the abandonment of a portion of the north/south alley is being sought to aggregate the Church's holdings on each side of the alley to accommodate plans for a child care facility and associated plan areas. The Planning and Zoning Board considered -22- 5/06/97 this item at a public hearing on April 28, 1997, and unanimously recommended approval. Mr. Ellingsworth moved to approve Resolution No. 39-97, based upon positive findings with respect to LDR Section 2.4.6(0)(5), seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.E. SCOPE OF SERVICES/DOWNTOWN TRAFFIC STUDY: Consider a proposed scope of services for the study of traffic in the downtown, including an analysis of the conversion of the one-way pairs to two-way traffic. The City Manager stated during prior discussion regard- ing the issue of the one-way pairs, the Commission requested that the scope of services for the study of traffic in the downtown be brought back for review and comment. Mayor Alperin stated that the study does not address the conversion of Atlantic Avenue into a two-way street; and, making NE/SE 1st Streets the opposite. The City Manager pointed out that Atlantic Avenue is considered a pedestrian street, as opposed to a traffic street. Mr. Schmidt stated that it was his understanding that the Commission had already approved a separate consultant con- tract for parking and now we have a consultant studying the traffic aspect, and there should only be one consultant to study both issues. Mr. Schmidt suggested, that in the future, he would prefer to see an overall comprehensive review by one consultant. The City Manager stated that the downtown parking situation was hired by the Parking Management Team and that this study has already been initiated. Mr. Ellingsworth commented that the right turn lane onto Swinton Avenue from Atlantic Avenue was extremely important in order to move the flow of traffic. After discussion, it was the majority consensus of the Commission to proceed with the Scope of Services as outlined. 9.F. DISTRIBUTION OF FY 97/98 ANTI-DRUG ABUSE ACT GRANT FUNDS: Approve the distribution of FY 97/98 Anti-Drug Abuse Act Grant funds in the amount of $694,332 as recommended by the Criminal Justice Commission Executive Committee, and authorize letter agreeing to the allocation of these funds. Mayor Alperin stated that he had no problem with the concept; however, he would like have more information on the City -23- 5/06/97 of West Palm Beach's distribution item "Responding Against Delinquency and Recidivism (RADAR) for $70,000. It was noted by the City Manager that he too questioned this allocation; but unfortunately, Police Chief Overman is out of town. However, staff has made a recommendation to support the Criminal Justice Commission Executive Committee's allocation of funding as presented. The City Manager felt it might open the door for other cities to apply for some of this funding but for now it is all being distributed at the County level. Mr. Egan moved to approve the distribution of FY 1998 Anti-Drug Abuse Act Grant funds, and authorize sending a letter to the State agreeing to the allocation of these funds, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.G. BID AWARD/PIFER, INC.: Consider a bid award to Pifer, Inc. (second low responsive bidder) for the purchase of a heavy duty industrial sweeper and transport trailer, in the amount of $34,674 from 501-3312-591-64.20. The City Manager stated that the purchase is for a heavy duty industrial sweeper which is really a small sweeper to be able to get into some of parking areas where the larger sweeper cannot. Two bids were received on this item. Based on the evaluation which was conducted, staff feels the best bid is the higher of the two bids but the quality and capabilities warrant the additional expense. Mr. Egan moved to approve the bid award for the pur- chase of a heavy duty industrial sweeper and transport trailer to Pifer, Inc. as the second low responsive bidder, in the amount of $34,674, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.~. BID AWARD/CORPORATE EXPRESS OF T~E SOUTH, INC.: Consider a bid award to Corporate Express of The South, Inc. (second low responsive bidder) for an annual contract for office supplies, at an estimated annual cost of $18,669.07 from various departmental operating budgets. The City Manager stated the the low bidder withdrew his bid; therefore, staff recommends the bid award to the second low bidder, Corporate Express of The South, Inc. Mayor Alperin suggested that since there is significant difference between the bids and it might be a large cost savings if each bid was broken down individually. -24- 5/06/97 It was pointed out by the City Manager that sometimes bids are grouped and sometimes we allow individual item awards; however, he would have staff check into the matter and return with a response. Mr. Egan moved to approve the bid award for office supplies to Corporate Express of The South, Inc., second low responsive bidder, at an estimated annual cost of $18,669.07, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.I. CONTRACT ADDITION (C.O. #3)/MURRAY LOGAN CONSTRUCTION INC.: Consider approval of a contract addition (C.O. #3) in the net add amount of $13,100 via the Barrier Island Pump Station contract with Murray Logan Construction Company, Inc. for instal- lation of storm drainage at Morikami Park in conjunction with well construction, and equipment rental to remove sludge in clarifiers ~2 & 3 at the Water Treatment Plant; with funding in the amount of $11,500 from 440-5179-536-63.61, and $1,600 from 441-5122-536-34.90. Mr. Ellingsworth moved to approve contract addition (Change Order #3) to Murray Logan Construction Company, Inc. in the net add amount of $13,100, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.J. OFFER OF SETTLEMENT/ARNOLD BEIZER V. OFFICER THOMAS JUDGE: Consider a settlement offer in the referenced matter. The City Attorney explained that the request is a really an offer of judgement in the amount of $21,000.00 (which excludes all attorney's fees and costs) and recommended that the offer be denied. Mr. Randolph moved to deny the offer of settlement offer of Arnold Beizer versus Officer Thomas Judge, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.K. OFFER OF SETTLEMENT/JENNIFER LYN MORRIS V. KEN YOUNG AND CITY OF DELRAY BEACH: Consider a settlement offer in the referenced matter. The City Attorney stated that the offer of settlement is in the amount of $75,000.00 and recommended the Commission reject the settlement offer. -25- 5/06/97 Mr. Schmidt moved to deny the settlement offer of Jennifer Lyn Morris versus Ken Young and the City of Delray Beach, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a S to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager stated that the City Commission's Goal-Setting Session will be held on Friday, May 9, 1997 in the conference room at the Seagate Hotel and Beach Club, 400 South Ocean Boulevard. He suggested that the session begin at 8:00 a.m. since it will probably take the entire day to complete the session. He noted that the department heads had attended an initial session on Friday, May 2nd, to lay some groundwork. That session began at 8:00 a.m. and ended at 4:30 p.m. 13.B. City Attorney. The City Attorney informed the Commission that the closing on the Spady House was held today, May 6, 1997. 13.C. City Commission. 13.C.1. Mr. Eqan. Mr. Egan had no comments or inquiries. 13.C.2. Mr. Ellinqsworth. Mr. Ellingsworth had no comments or inquiries. 13.C.3. Mr. Randolph. Mr. Randolph had no comments or inquiries. 13.C.4. Mr. Schmidt. Mr. Schmidt had no comments or inquiries. 13.C.5. Mayor Alperin. Mayor Alperin commented that there must be a way to prevent applications from people or businesses that have existing code violations on their properties. There has to be a way to make people comply before they are permitted to do something else with their property and he would like to find some way to enforce this. Mayor Alperin further commented that there had been prior discussion by the Commission about having the RM district -26- 5/06/97 regulations modified and asked about the status of this project. He noted that there are applications coming in that this would have an impact on and he would like to have seen this done before they applied. The City Manager responded that this issue is being actively pursued by staff. Mayor Alperin commented that he has been hearing complaints about rental properties in residential neighborhoods. He felt there must be a way, whether by permit or license re- quirement, that the City can require rental properties to be inspected. These rental properties are a business and there should be some means whereby the City can inspect properties to check for conditions that are not up to code. He felt every other business has to meet specific standards, so why not resi- dential rentals? There being no further business, Mayor Alperin declared the meeting adjourned at 9:20 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 6, 1997, which minutes were formally approved and adopted by the City Commission on _.,.:.2n, /99? - - '~ ci~y~ler~- NOTE TO READER: If the minutes you have received are not completed 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. -27- 5/06/97 FORM 8B MEM.0.RANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I ~.NI %&MI IIR~1%~MI MIDI)II %~MF NAM£OFI~OABD.(~DUNCII..(~MMI.~.~ION, AI'.tHORIIY. OR('OMMII~EE M&UI~(~ ~I)DRI~ ' 'IliF~RD.~'OUN('II..~OMMI~ION,~I~HORI130~OMMIlqEEOh ~HICH I ~ERVE I~ A U~I1 WHO MUST FILE FORM 8B This form is for usc by an.v person serving at the county, city. or other local level or ~o~ernmem on an appointed or elected board. council, commission, authority, or committee, it applies equally to mere~'- 'y and non-advisory bodies who are presented v,'ith a voting conflict of interest under Section 112.3143. I:~- ' / Your responsibilities under the la,*' ~'hen faced v,'ith ~,,L~,.0 lOd qict of interest ,*'ill vary greatly depending on whether you hold an elective or appointive positi~ ~0~ L.,6/~ ~,t attention to the instructions on this form before completing the re~,erse side and filing the foi ELECTED oFFICERS: ~.~.~ A person holding elective county, municipal, or other local v, ~ n voting on a measure ~hich inures to his special private gain. Each local officer also is prohit ~easure which inures to the special gain of a principal (other than a go,.ernment agency) by v in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly sta ~ ,,., tl~e assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. cE FO~ ~a- ~ e~ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should compleze zhe form and file it ~,ithin 15 days after the vote occurs with ~he person responsible for.recording the minutes of' the meeting, who should incorporate the £orm Jn the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ?-~'~ ¢ ,-D ~,../ , ~'c_.L~.,.,..~-a~-~- , hereby disclose that on ~,2~ ~ , 19 ?'7 : (a) A measure came or will come before my agency which (check one) ~ inurcd ~o m) special pri~a[¢ gain; or ',~;~ ~< d~ ~~ , by ~'hom lam (b~ The measure before my a~ency and ~he nature o~ my interest in the measure is as ~ollows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES {!12.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM #B- I.~l PAGE