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01-09-96 JANUARY 9, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:05 p.m. on Tuesday, January 9, 1996. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Rabbi Samuel Sil- ver, Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. A~enda Approval. Mayor Lynch noted the revision which had been distrib- uted concerning Item 9.G. (REJECTION OF BIDS/GREENBRIER DRIVE UTILITY IMPROVEMENTS). Mr. Ellingsworth moved to approve the agenda, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved to approve the Minutes of the Regular Meeting of December 5, 1995, the Regular Meeting of December 12, 1995, and the Special Meeting of December 20, 1995, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizing and commending Carolyn Zimmerman, Chairper- son of the Delray Centennial Steerinq Committee. Mayor Lynch read and presented a proclamation recogniz- ing and commending Carolyn Zimmerman, Chairperson of the Delray Centennial Steering Committee. Ms. Zimmerman came forward to accept the proclamation and thanked everyone who had participated and volunteered in support of the numerous Centennial events. 6.B. Recocrnizinq and commending the Delray Rocks Football Team and the Delray Rocks Cheerleadin~ Squads. Mayor Lynch read and presented a proclamation recogniz- ing and commending the Delray Rocks Football Team and the Delray Rocks Cheerleading Squads. Benny Leonard, Pompey Park Supervi- sor, came forward to accept the proclamation on behalf of the cheerleaders and the team members. 6.C. Martin Luther King, Jr. Day - January 15, 1996. Mayor Lynch read and presented a proclamation in recog- nition of January 15, 1996, as Martin Luther King, Jr. Day. Mr. Spencer Pompey came forward to accept the proclamation. 7. Presentations: 7.A. Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting. Mayor Lynch presented the Government Finance Officers Association's Certificate of Achievement for Excellence in Finan- cial Reporting to Joseph Safford, Finance Director. Mr. Safford expressed appreciation to the employees of the Finance Department for their outstanding work throughout the entire year. He gave special recognition to Milena Walinski, Assistant Finance Director, and her staff for their dedication on completing the City's financial report. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. SPECIAL EVENT REQUEST/ANNUAL DOWNTOWN ART FESTIVAL: Approve and endorse the 7th Annual Howard Allen Art Festival to be held January 13-14, 1996, associated staff support at no charge to the City, and closure of Atlantic Avenue from A1A to Venetian Drive, except for traffic access to Salina and Bronson. 8.B. ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT FOR DELRAY OAKS: Approve Addendum I to the Conceptual Approval Agreement for Delray Oaks (Ecosite 67) located on the west side of Congress Avenue at S.W. 29th Street, extending the agreement to June 10, 1996. 8.C. MAINTENANCE AGREEMENT/WEST ATLANTIC AVENUE GATEWAY PARKS: Approve the Maintenance Memorandum of Agreement for the West Atlantic Avenue Gateway Parks (I-95 Parks) in conjunction 2 1/09/96 with the State and County Thoroughfare Beautification Grant Program, subject to the City Attorney's comments and approval. 8.D. LEASE EXTENSION/CHAMBER OF COMMERCE CONTRACT: Approve the Amended and Restated Lease between the City and the Chamber of Commerce which extends the term of the Chamber's lease of the property at 64 S.E. 5th Avenue for an additional forty years, from the year 2020 to the year 2060. 8.E. FINAL PAYMENT/PALM BEACH COUNTY: Approve final payment in the amount of $16,757.47 to Palm Beach County for the traffic signal improvements at S.W. 10th Street and Swinton Avenue; with funding from 228-3162-541-61.90. 8.F. FINAL PLAT APPROVAL/LEE'S CROSSING: Approve the final plat for Lee's Crossing, a proposed 57 single family lot subdivi- sion located west of and adjacent to Kingsland Pines Subdivision on the west side of Gallagher Road. 8.G. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify three appointments to the Kids and Cops Com- mittee as follows: William J. Fay, Jr., Principal, representing Banyan Creek Elementary School, to fill an unexpired term ending April 22, 1996; Lisa Henderson to fill an unexpired term ending October 31, 1996, and Matthew Weiner to a two year term ending January 9, 1998. 8.H. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD EXPENDITURES: Ratify various expen- ditures approved by the SCRWTD Board at its meeting of December 21, 1995. 8.I. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board action of December 21, 1995, to Amend Agreement Between SCRWTD Board and International Brotherhood of Piremen & Oilers Changing Article XIX Wage Classification from 1 to 5% to 0 to 6%. 8.J. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board action of December 21, 1995, for Acceptance of Interlocal Agreement for Delray Beach to temporarily utilize ocean outfall pipeline during construction and testing of aquifer storage and recovery (ASR) well. 8.K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board action of December 21, 1995, to enter into a Contract with Brown and Caldwell to provide permitting, design and construction services for the Northwest Reuse Water System at a fee not to exceed $950,000. 8.L. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board action 3 1/09/96 of December 21, 1995, to enter into an Agreement with Delray Dunes, Pine Tree, Quail Ridge and the Country Club of Florida concerning delivery and acceptance of reclaimed water. 8.M. RESOLUTION NO. 1-96: Approve a resolution urging the Palm Beach County Legislative Delegation to support House Bill No. 173 and Senate Bill No. 16 in efforts to amend Florida's felony/murder statute to include the act of vehicular hit and run among the enumerated offenses, and eliminate the statute of limitations provision. The City Manager presented Resolution No. 1-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE PALM BEACH COUNTY LEGISLATIVE DELEGATION TO SUPPORT H.B. NO. 173 AND S.B. NO. 16 IN EFFORTS TO AMEND FLORIDA'S FELONY/MURDER STATUTE TO INCLUDE THE ACT OF VEHICULAR HIT AND RUN AMONG THE ENUMERATED OFFENSES OF SAID STATUTE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 1-96 is on file in the official Resolution Book) 8.N. RESOLUTION NO. 2-96: Approve a resolution adopting disclosure procedures related to ex parte communications with public officials. The City Manager presented Resolution No. 2-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING DISCLOSURE PROCEDURES RELATED TO EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS; PROVID- ING AN EFFECTIVE DATE. (Copy of Resolution No. 2-96 is on file in the official Resolution Book) 8.0. RESOLUTION NO. 3-96: Adopt a resolution authorizing the City to acquire certain real property for the purpose of providing sufficient road right-of-way, and incorporating and accepting the Contract for Sale and Purchase. The caption of Resolution No. 3-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS -4- 1/09/96 FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 3-96 is on file in the official Resolution Book) 8.P. REMOVED 8.Q. RESOLUTION NO. 5-96: Adopt a resolution assessing costs for abatement action required to board up an unsafe build- ing at 307 S.W. 7th Street. The caption of Resolution No. 5-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 5-96 is on file in the official Resolution Book) 8.R. R~SOLUTION NO. 6-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 24 S.W. llth Avenue. The caption of Resolution No. 6-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR -5- 1/09/96 UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 6-96 is on file in the official Resolution Book) 8.S. RESOLUTION NO. 7-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 225 S.E. 5th Avenue. The caption of Resolution No. 7-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 7-96 is on file in the official Resolution Book) 8.T. SERVICE AUTHORIZATION NO. 43/SURVEY SOUTH, INC.: Approve Service Authorization No. 43 in the amount of $14,815.00 to Survey South, Inc. for surveying services required in conjunc- tion with the Highland Beach Force Main Replacement Project, with funding from 442-5178-536-63.92 through budget transfer from 442-5178- 536-63.51. 8.U. SERVICE AUTHORIZATION NO. 1/SHEREMETA ASSOCIATES, INC.: Approve Service Authorization No. 1 in the amount of $54,448.30 with Sheremeta Associates for consulting engineering services in conjunction with the replacement/rehabilitation of the Highland Beach Force Main along A1A and Casurina Road, with funding from 442-5178-536-63.92. 8.V. SERVICE AUTHORIZATION NO. 1/ECKLER ENGINEERING: Ap- prove Service Authorization No. 1 in the amount of $38,544.00 to Eckler Engineering for consulting engineering services in con- junction with the 1996 Lift Station Rehabilitation Project (#3, 10, 32, 83, 88, & 105), with funding from 442-5178-536- 61.83. 8.W. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and 6 1/09/96 Appearance Board and the Historic Preservation Board during the period December 11, 1995 through January 5, 1996. 8.X. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Aluminum Plus of Deland, Florida for design and construction of an aluminum and steel canopy over the Public Works complex fuel island, in the amount of $12,900 from 501-3311-591-63.90. 2. Bid award to Maroone Chevrolet through State Contract for the purchase of 5 Chevy Luminas for the Police Department, in the amount of $76,739; (4 replacement vehicles from 501-3312-591-64.20 and 1 additional vehicle from 115-2112- 521-49.90). 3. Bid award to Hector Turf on GSA Contract for the purchase of a Toro Greensmaster (Greens Mower) on GSA Contract, in the amount of $14,264.27 from 446-4761-572-64.90. 4. Bid awards through the Community Development Block Grant Program; $5,917 to Abissett Corporation for a housing rehabilitation project at 318 S.W. 9th Court, and $18,454 to South Florida Construction for a project at 315 N.W. llth Avenue, from 118-1963-554-49.19. 5. Bid award to Alpha Ultra, Inc. for a housing rehabilitation project at 515 S.W. 6th Avenue in the amount of $14,359; $3,589.75 from S.H.I.P. (Account 118-1924-554- 49.19) and $10,769.25 from H.O.M.E. (Account (118-1923- 554-49.19). 6. Bid award to Advanced Roofing, Inc. for reroofing the Public Works complex in the amount of $126,260; ($64,142 from the General Fund 334-6112-519-62.10, and $62,118 from 442-5178-536-62.10) through budget transfer from 442-5178- 536-99.01. 7. Contract award to Golden Eagle Engineering Con- tractors for the East Atlantic Avenue Beautifica- tion Project, in the amount of $1,791,563.65; with $176,376.50 from 448-5411-538-63.39, $416,825.50 from 228-4141-572-61.73, $105,458.00 from 442-5178-536-61.78, and from I.S.T.E.A. the amount of $1,092,903.65 through budget transfers in the amount of $203,000. Mr. Ellingsworth moved approval of the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor -7- 1/09/96 Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/CROSSROADS CLUB: Consider a request for conditional use approval to establish a meeting facility/ social club for The Crossroads Club (CRC Recovery Foundation, Inc.) at 306 N.E. 2nd Street (southwest corner of N.E. 2nd Street and N.E. 4th Avenue) within the CBD (Central Business District). QUASI-JUDICIAL HEARING The City Attorney stated that this item will be con- ducted 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 present testimony on this item. Mayor Lynch declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She stated that the proposal is to establish a meeting facility for The Crossroads Club at 306 N.E. 2nd Street which is in the Central Business District. The Crossroads Club provides a meeting place for recovering substance abuse patients. The development proposal consists primarily of interior improvements to accommodate new rest room facilities, three meeting rooms and a game room on the first floor, with offices and meeting rooms on the second floor. The proposed hours of operation are from 7:00 a.m. thru 10:00 p.m., Monday thru Sunday, with meetings at various times during those hours with varied attendance. The maximum occupancy of the building is 350 persons. The parking requirement is for 88 spaces with possible additional off-site parking available. There are only 23 parking spaces on site. However, there is additional parking along the street on this block and the block to the north. The CRC Recovery Foundation has made informal arrange- ments with the F.E.C. Railroad and with private owners for addi- tional parking on other lots. Staff feels that the parking demand will not have an adverse effect on adjacent businesses. Ms. Dominguez noted that one of the conditions of approval is that within one year of occupying the building, either formal off-site parking and lease agreements must be finalized; an alternative parking plan must be provided; or, the meeting sched- ules and capacity must be revised and reduced to not exceed the number of on-site parking spaces. The Planning and Zoning Board considered this item at public hearing on December 19, 1995 and recommended approval of the conditional use, subject to condi- tions. 8 1/09/96 Mr. Larry Eaton, representing the CRC Recovery Founda- tion, Inc., stated that the most critical days for parking are the last Tuesday and Friday evenings of each month. During the daytime the majority of people arrive either by bus from the Abuse Foundation or use other means of transportation. Mr. Eaton felt that the agreement which was reached would be in the best interest of the City and the CRC Recovery Foundation. There being no one else to address the Commission on this item, the public hearing was closed. Dr. Alperin moved approval of the conditional use request to establish a meeting facility/social club for the Crossroads Club based upon the findings and recommendations of the Planning and Zoning Board, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE REQUEST/BLOCK 85 OUTDOOR ENTERTAINMENT FACILITY: Consider a conditional use request to allow the estab- lishment of a place of assembly for commercial entertainment at the Grove Square (Block 85) site, located on the south side of Atlantic Avenue, east of S.E. 2nd Avenue. The Planning and Zoning Board recommends approval. QUASI-JUDICIAL HEARING The City Attorney stated that this item will be con- ducted 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 present testimony on this item. Diane Dominguez, Planning Director, entered all the Planning and Zoning documents that are contained in the file for this project into the record. The conditional use approval is associated with the redevelopment of the old Ken and Hazel's block. The redevelopment consists of a combination of restau- rants and shops with a stage in the back which will be used for entertainment. The stage was approved through the site plan process and most of the entertainment will be associated with the restaurants. As such, it does not require special approval. However, the applicant does want to be able to have some outdoor special events. They will be limited to two weekends per month, with a seating capacity of up to 1,250 people. Thus, the condi- tional use approval applies to the use of the courtyard for the twice monthly special events. Ms. Dominguez noted that there is parking on the site, with additional parking to be provided with phase two of the development. Prior to phase two, the applicant will be using that property for parking for special events. In addition, they are working with the F.E.C. Railroad and at other possible sites for off-site parking. The proposal is consistent with the goals for the downtown area and will promote redevelop- -9- 1/09/96 ment. The Planning and Zoning Board reviewed the conditional use approval at its meeting of December 19, 1995 and recommend ap- proval. Also, the Parking Management Team reviewed the proposal at its meeting of January 4, 1996, and recommended approval. Ed Gallaqher, representing Block 85, reported that a verbal commitment has been reached with the F.E.C. Railroad but as of this date no written agreement has been received. If approval is received, there will be room to park an additional 300 cars or so in a valet situation. There being no one else who wished to give testimony on this item, the public hearing was closed. Mayor Lynch asked who will be responsible for coordi- nating all of the different events planned for the downtown so that there are no conflicts or problems? The City Manager noted that the events for Block 85 are smaller and if an agreement is reached with the F.E.C. Railroad, then all of their parking needs will be met by parking which they will control. Discussion ensued regarding the issue of coordination, after which it was the consensus of the Commission to put the applicant on notice that it is expected Block 85 will work with and through the Joint Venture in coordinating events so that conflicts can be avoided. Mr. Randolph moved to approve the conditional use request to establish a place of assembly for commercial enter- tainment purposes at Grove Square, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the conditions recommended by the Planning and Zoning Board, and with the understanding that the applicant will work with the Joint Venture in the scheduling of events; seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.C. ARCHITECTURAA ELEVATIONS/VIDEO AVE (A VIDEO STORE): Consider the architectural elevations for Video Ave (a video store), proposed to be located on the outparcel at the northwest corner of the South Delray Shopping Center which is located at the northeast corner of Federal Highway and Lindell Boulevard. Diane Dominguez, Planning Director, explained that this is one of those situations where the Land Development Regulations require that outparcel buildings be consistent with the architec- ture of the existing shopping center. However, there is a provi- sion whereby if the Site Plan Review and Appearance Board deter- -lO- 1/09/96 mines that despite the incompatibility the elevations should be approved, a recommendation of approval can be forwarded to the City Commission. In this instance, the elevations are more of a 1950's style architecture and are not consistent with the rest of the shopping center. Despite the incompatibility, SPRAB felt the elevations were complimentary to the overall center and adjacent properties, and voted to recommend to the City Commission that the building elevations for Video Ave be approved, based on positive findings with respect to LDR Section 4.6.18(B) (13) (b). Mr. Ellingsworth moved approval of the architectural elevations for Video Avenue based upon positive findings with respect to LDR Section 4.6.18(B) (13) (b), seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. Prior to roll call, Dr. Alperin stated that he felt the architectural elevations were very attractive. However, to be consistent with his position on the regulations for outparcels as set forth in the Land Development Regulations, he could not vote to support the elevations. If the LDRs say that outparcels should be made to look like the rest of the center, then that is what should be done. If that is not what the Commission wants, then it should be changed. 9.D. DELL PARK SUBDIVISION REPLAT: Consider a request from Old School Square for the replat of Lots 13, 14, 15, 16 and 17, Block 6, of the Dell Park Subdivision. The subject property is located at the southeast corner of Swinton Avenue and N.E. 12th Street. Diane Dominguez, Planning Director, explained that the replat will create two lots from five existing substandard lots. One of these two lots will be nonconforming with respect to the depth which will be 75 feet where 100 feet is required in the R-I-AA zoning district. The frontage of the lot will be 140 feet where only 95 feet is required for a corner lot. It also exceeds the minimum lot size requirement for the district, containing 10,500 sq.ft, where 9,500 sq.ft, is the minimum required. This particular lot is going to have an older home placed on it that is being brought from A1A which will fit in nicely with the character of many of the older homes along Swinton Avenue. Dr. Alperin moved to approve the Dell Park Subdivision Replat, based upon a positive finding that it is necessary and appropriate to create a non-conforming lot (Lot 2) based upon the existence of similarly sized lots along N.E. 12th Street and the variation of lot sizes along Swinton Avenue; seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. -11- 1/09/96 9.E. SPECIAL EVENT REQUEST/BACKROOM STREET PARTY: Consider a request from the Joint Venture for the Backroom Street Party proposed to be held on January 19, 1996, including the use and closure of Atlantic Avenue from Swinton Avenue to N.E./S.E. 1st Avenue, and City support at the expense of the Backroom. The City Manager explained that the initial request from the Backroom included closing off Atlantic Avenue for this event. He further explained that the City had previously re- ceived and approved a request for a "Gallery Stroll" on the same evening. The gallery owners strongly object to closing the street as they feel it will interfere with customers coming to their event. As a solution, the Backroom has suggested that the traffic lanes be left open and only close the parking lane. The City Manager felt that this might be the best compromise in this situation, although the Police Department is concerned about the safety hazard with people being in the parking lane with vehicles going by right next to them. This particular situation is an unfortunate conflict which the Joint Venture has learned from and will not allow to happen again in the future. Michael Weiner, representing the Backroom, stated that unfortunately his client was not aware of the date for the gal- lery stroll and had gone ahead with advertising and booking the bands. He felt the compromise suggested by the City Manager was a good one and that barricades would be set up in such a way that patrons at the Backroom would not be right out to the edge of the parking lane. Kevin Eqan, representing the Joint Venture, stated that while the compromise is acceptable this time, the situation underscores the need for events to be cleared through the Joint Venture. The City Attorney clarified that the Backroom will need to provide a hold harmless and adequate insurance for use of the right-of-way. The City Manager stated that any approval should also be subject to the Police Department determining the number of officers needed for the event, as well as the Backroom paying the normal rental fee for the use of the City's small stage. Mr. Ellingsworth moved to approve the suggested compro- mise with respect to the Backroom Street Party special event request, subject to receipt of a hold harmless and insurance acceptable to the City Attorney, and subject to the conditions stated by the City Manager; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. BID AWARD/DATAPLEX CORPORATION: Consider bid award to second iow bidder, Dataplex Corporation, for microfilming servic- -12- 1/09/96 es for the Community Improvement Department, at an estimated annual cost of $12,950 from 001-2721-524-34.70 and 001-2741-524-34.70. The City Manager stated that two bids were received for the microfilming service in accordance with purchasing proce- dures. The low bidder who had the contract previously did not perform satisfactorily. Therefore, the Community Improvement Department is recommending that the bid be awarded to the second low bidder. Dr. Alperin moved approval of the bid award to Dataplex Corporation at an estimated annual cost of $12,950, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.G. REJECTION OF BIDS/GREENBRIER DRIVE UTILITY IMPROVE- MENTS: Consider rejecting all bids received for the Greenbrier Drive utility improvement project. The sanitary sewer portion of the project will be eliminated, and water main portion will be completed by City forces. The City Manager explained that this project falls under our program of extending utility service in the former enclave areas. This particular subdivision has very large lots. When the bids came in for extending both water and sewer, they were substantially in excess of what was budgeted for the project. In view of the large lot size and the fact that the residents are not having problems with their septic tanks, staff recommends that the bids be rejected. We will install water lines with our own forces and will not install sewer in this area. Mayor Lynch asked if the residents had been notified about this change and if the revised scope of the project was acceptable to them? William Greenwood, Director of Environmental Services, stated that to his knowledge the residents had not been contact- ed. The City Manager suggested that this item be postponed until the next regular meeting. In the meantime, staff will contact the Greenbrier Drive residents. Mr. Randolph moved to postpone action on the rejection of bids for the Greenbrier Drive utility improvements project until the January 23rd regular meeting, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. -13- 1/09/96 9.H. CONTRACT ADDITION (C.O. ~2)/RAY QUALMANN MARINE CON- STRUCTION, INC.: Consider Contract addition (C.O. #2) and 15 calendar day time extension to Ray Qualmann Marine Construction, Inc. for seawall and retaining wall rehabilitation, in the amount of $9,100 from 334-3162-543-61.93. Mrs. Smith moved to approve the Contract Addition (C.O. #2) in the amount of $9,100.00 and a 15 calendar day time exten- sion to Ray Qualmann Marine Construction, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.I. ANCHOR PARK AGREEMENT: Consider a revision to the Amended and Restated Lease Agreement for Anchor Park. The City Manager stated that the County had submitted an agreement to the City in August, 1995, with respect to our request for a lease extension to accommodate construction of our new lifeguard headquarters in Anchor Park. The Commission ap- proved the amended and restated lease agreement in September, 1995, and sent it back to Palm Beach County. Somewhere in the process, some language changes were made and the agreement was sent back to us again for approval. The City Manager recommended that the City Commission ask the County Commission to take the language changes out and approve the agreement that the County had initially offered to us. The City Attorney noted that the County Commission has approved the agreement; however, with the amended language. Discussion ensued as to whether or not the amended contract should be accepted by the City. Mayor Lynch stated that he has been informed by Palm Beach County that the new language will be contained in all contracts from now on. Dr. Alperin stated that he felt the revised language is something that will be protected by the Constitution in the long run, and he did not think it would be appropriate for the City to get involved in this type of battle. He recommended that the Commission accept the contract with the language added by Palm Beach County. Dr. Alperin moved to approve the Amended and Restated Lease Agreement for Anchor Park with the language submitted by Palm Beach County, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - No. Said motion passed with a 3 to 2 vote. -14- 1/09/96 9.J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (layperson) to the Code Enforcement Board for a three year term ending January 13, 1999. Commissioner Smith's appointment. Mayor Lynch, on behalf of the City Commission, ex- pressed his appreciation to Mr. Tim Onnen, the outgoing member, for his service on the Code Enforcement Board and complimented him on a job well done. Mrs. Smith moved to appoint David Henninger as a regu- lar member (layperson) on the Code Enforcement Board for a three year term ending January 13, 1999, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.K. LIFE INSURANCE INCREASE PROPOSAL: Consider a proposal to increase the life insurance values for City employees. The City Manager stated that the City has not increased the life insurance values for a long time and are behind in terms of life insurance coverage for City employees. The proposed increases are as follows: $80,000 for City Manager, Assistant City Manager, City Attorney and Department Heads; $60,000 for Assistant Department Heads and Division Heads, including Battal- ion Chiefs and Police Lieutenants; $40,000 for other employees earning over $25,000 in salary; and $25,000 for other employees earning under $25,000 in salary. The recommended increased values will be funded from savings from the health insurance program where costs are coming in lower then what was budgeted. The additional cost for the insurance is approximately $40,000.00 and the cost savings on the health insurance is in excess of $87,000.00. Mayor Lynch asked if staff had checked into the possi- bility of offering a one time salary benefit? Joe Safford, Finance Director, responded that the one time salary benefit had been investigated and was determined too difficult to administer. After discussion, Mrs. Smith moved to approve the increased life insurance values, effective immediately for all non-bargaining unit personnel with the understanding that extend- ing the benefit increase to bargaining unit personnel will be considered in the context of contract negotiations; seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the City Commission commenced the Public Hearing portion of the agenda. -i5- 1/09/96 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 81-95: An ordinance providing for a Small Scale Future Land Use Map amendment from Transitional to General Commercial, and rezoning from POC (Planned Office Center) District to GC (General Commercial) District, for a 0.68 acre parcel of land located at the southwest corner of Linton Boule- vard and Congress Avenue. 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. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 81-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEL~AY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM TRANSI- TIONAL TO GENERAL COMMERCIAL, AND REZONING FROM POC (PLANNED OFFICE CENTER) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, AS THE SAME IS MORE PARTICULARLY DE- SCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND, AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 81-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated that this item will be con- ducted 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. Mayor Lynch declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She stated that the pro- posal is to change the Future Land Use Map designation for the property from Transitional to General Commercial and rezone the property from POC (Planned Office Center) to GC (General Commer- cial). If the FLUM amendment and rezoning are approved, the -16- 1/09/96 applicant has submitted a conditional use application to estab- lish a gasoline service station, including a convenience store, on the site. Ms. Dominguez emphasized that the issue under consideration this evening is the appropriateness of the proposed land use and zoning designations. The Planning Director explained that the POC zoning category is not appropriate for this property due to its size. The property has been reduced in size over time due to right-of- way takings for the intersection and no longer meets the minimum requirements for the POC District. She noted, however, that the parcel could be rezoned to another zoning category which would be consistent with the existing Transitional land use designation. Staff had expressed concern primarily with the change in the land use to General Commercial since that opens up the use of the property to uses that potentially could generate more traffic than the type of uses allowed under the Transitional land use. Also, there are policies in the Comprehensive Plan which discour- age the development of all four corners of an intersection with high intensity uses. Staff was also concerned about the compati- bility of this site with the adjacent residential apartment complex. However, the owners of the complex have written a letter in support of the change subject to adequate buffering and enhanced landscaping. The Planning and Zoning Board reviewed this proposal at its meeting of November 20, 1995, and recommend- ed approval by a vote of 4-2. At the meeting several residents spoke in opposition to the proposal of a gas station at this location. A petition of opposition was submitted with 33 signa- tures of residents from Sabal Pines. The primary concerns were in regard to traffic movements in and around the site. David Felton, representing DEB Petroleum Company, stated that he understands some of the concerns which have been expressed. He reiterated that the intent of the applicant is to construct a service station on the property, assuming the land use and zoning are approved. Robert French, Crosswinds, voiced his objection to the proposal and expressed concern about safety aspects and the potential for increased traffic congestion in the area. Lillian Felclman, Pines of Delray, expressed concern about the convenience store aspect, the type of food items that will be sold, and the potential for improper food disposal. In response to Mrs. Feldman's concerns about the food and sanitation issues, Mr. Felton stated the applicant is very particular about the appearance and safety of the facility as is evidenced by the existing station further east on Linton Boule- vard. Mayor Lynch clarified with the applicant that the convenience store aspect will not include a franchise operation, -17- 1/09/96 such as a Subway, but will be the standard mini-mart operation associated with many service stations. There being no one else who wished to give testimony on this item, the public hearing was closed. Dr. Alperin stated that while he has every confidence that the applicant will ensure a high quality facility, he could not support the change in zoning and land use since he does not feel there is a clearly demonstrated need for such change. Mr. Ellingsworth moved to approve Ordinance No. 81-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. Mayor Lynch left the meeting at this time. Vice Mayor Ellingsworth took the chair. 10.B. ORDINANCE NO. 82-95: An ordinance rezoning a 5 acre parcel of land from RM (Medium Density Residential) to CF (Commu- nity Facilities) District for expansion of an existing elementary school. The subject property is located at the southeast corner of S.W. 10th Street and S.W. 7th Avenue (west of and adjacent to Pine Grove Elementary School). 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. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 82-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM {MEDIUM DENSITY RESIDENTIAL; DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATE AT THE SOUTHEAST CORNER OF S.W. 10TH STREET AND S.W. 7TH AVENUE, IMMEDIATELY WEST OF AND ADJACENT TO PINE GROVE ELEMENTARY SCHOOL, AS MORE PARTICULARLY DESCRIBED HERE- IN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 82-95 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. -18- 1/09/96 The City Attorney stated that this item will be con- ducted 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. Vice-Mayor Ellingsworth declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The proposal is to rezone 5 acres from RM (Medium Density Residential) District to CF (Community Facilities) District to accommodate additional recrea- tional facilities and a playground associated with Pine Grove Elementary School. The Planning and Zoning Board considered this item at its meeting of November 20, 1995 and recommended approv- al. Jan Hansen, representing Palm Beach County School District, was present to answer any questions from the Commis- sion. There being no one else who wished to give testimony on this item, the public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 82-95 on Second and FINAL reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. (1) CONDITIONAL USE REQUEST/PINE GROVE ELEMENTARY SCHOOL EXPANSION: Consider a request for conditional use approval to allow for an expansion to the Pine Grove Elementary School. The subject property is located at the southwest corner of S.W. 10th Street and S.W. 4th Avenue, and is zoned CF (Community Facili- ties) District. QUASI-JUDICIAL HEARING The City Attorney stated that this item will be con- ducted 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. Vice-Mayor Ellingsworth declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project -19- 1/09/96 and a listing of pertinent documents. The Planning and Zoning Board considered this item at its meeting of November 20, 1995 and recommended approval. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Randolph moved approval of the conditional use request for an expansion to the Pine Grove Elementary School, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANC~ NO. 83-95: An ordinance amending Sections 2.2.3(D), 2.2.6(D) (6) and 4.6.16(C) (2) of the LDRs by assigning authority to grant waivers to the provisions of the landscape code to the Site Plan Review and Appearance Board or the Historic Preservation Board, as appropriate. 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. 83-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.2.3, "THE SITE PLAN REVIEW AND AP- PEARANCE BOARD", AND SECTION 4.6.16 "LAND- SCAPE REGULATIONS", SUBSECTION 4.6.16(C), "COMPLIANCE AND RELIEF", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ASSIGNING THE AUTHORITY TO GRANT WAIVERS TO LANDSCAPE REGULATIONS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD AND THE HISTORIC PRESERVATION BOARD, AS APPROPRIATE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 83-95 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. Vice Mayor-Ellingsworth declared the hearing open. There being no one to address the Commission on this issue, the public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 83-95 on Second and FINAL reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Vice-Mayor Ellingsworth - Yes; -20- 1/09/96 Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, Dr. Alperin asked Mr. Hansen if he was aware of the status of the Interlocal Agreement between the City and Palm Beach County for the acquisition of the Seacrest Proper- ties. Mr. Hansen stated that he would inquire as to the status and report back to the City tomorrow. 10.D. ORDINANCE NO. 1-96: FIRST READING/FIRST PUBLIC HEARING for an ordinance amending LDR Section 4.4.9(D) by adding the sale and service of all terrain vehicles and personal watercraft (waverunners, jet skis) as a conditional use in the General Commercial zoning district. If passed, a second public hearing will be held on January 23, 1996. The City Manager presented Ordinance No. 1-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DIS- TRICT'', SUBSECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS F THE CITY OF DELRAY BEACH, BY ADDING THE SALE AND SERVICE OF ALL TERRAIN VEHICLES AND PERSONAL WATERCRAFT (WATERRUNNERS, JET SKIS) AS A CONDITIONAL USE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 1-96 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. Vice-Mayor Ellingsworth declared the public hearing opened. Alice Finst, 707 Place Tavant, asked if there are any conditions and/or limitations for outside display or storage allowed on the property? The public hearing was closed. The City Attorney responded that outside display, storage or outside service are not allowed under this ordinance. Dr. Alperin asked for an interpretation of "outside service" Does this mean that service can be conducted indoors with the bay doors open? -21- 1/09/96 In response, the Planning Director stated that there are regulations that bay doors cannot face either the right-of- way or existing residential areas. This issue would be addressed through the conditional use and site plan review process. Mrs. Smith moved to approve Ordinance No. 1-96 on FIRST Reading, seconded by Dr. Alperino Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed with a 4 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. The City Manager stated that there were no comments or inquiries at the last meeting. ll.B. From the Public. ll.B. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.B.1. Jean Beer, 905 Tropic Boulevard, noted that this eve- ning's agenda has two quasi-judicial hearings for conditional uses on the Regular Agenda. She pointed out that the public expects public hearings at 7:00 p.m. Ms. Beer felt that it is not in the best interest of the public to place conditional use hearings on the Regular Agenda. In all fairness, Ms. Beer felt that these items should be placed on the Public Hearing portion of the Agenda. 11.B.2. Richard (Dick) Eckerle, representing Woodlake Homeowner Association and Progressive Residents of Delray (PROD), asked that a bicycle rack be installed in front of City Hall. The City Manager noted that a bicycle rack is located at the northeast corner of the building; however, another one could be installed in a more obvious location. Mr. Eckerle stated that at its meeting of January 8, 1996, the Progressive Residents of Delray discussed the issue of advertising. Mr. Eckerle further stated that THE NEWS seems to have abandoned the City, as the newspaper believes it can do better business in the City of Boca Raton. He noted that unfor- tunately, Delray Beach uses this local newspaper for its adver- tising for public notices, and suggested that consideration be given to using a different paper. In response, the City Manager stated that the City uses the newspaper which offers the lowest advertising rates. -22- 1/09/96 ll.B.3. Lloyd H. Millanise, 3444 Old Germantown Road, expressed appreciation to the City for installing a sidewalk from Old Germantown Road to Congress Avenue. He felt the sidewalk is a big improvement. He asked that signs be posted along Old Germantown Road alerting residents to clean up after their dogs. Mr. Millanise expressed concern about the dumping of debris within the road right-of-way in this area and asked that Code Enforcement check into the situation. Mr. Millanise pointed out the poor condition about the hedges located south of the Palm Cove development along Old Germantown Road. Lastly, Mr. Millanise complained about pollution caused by the Hardrives operation. 11.B.4. Alice Finst, 707 Place Tavant, requested that Code Enforcement check on the condition of landscaping along Congress Avenue between Atlantic Avenue and Lake Ida Road. Also, that the area near the former Kraft facility on South Congress Avenue, south of Atlantic Avenue needs to be cleaned up. Mrs. Finst referred to the recent tornado which touched down in Dade County causing severe damage. She stated that at one time the City had considered using some type of siren warning system, and suggested that this be looked at as a means to fore- warn citizens of an impending disaster. 11.B.5. Joe Kamarata, 764 Avocet Road, reported that the speed limit sign on Avocet Road was inadvertently installed at the wrong place and asked that the sign be moved to the westbound side of Avocet Road on the church's lot. He noted that Avocet Road is very dark and requested a street light in front of his residence at 764 Avocet Road. He also noted that there is a need for additional street lighting on Lindell Boulevard. Mr. Kamarata stated that the City of Boca Raton has been repaving Federal Highway and apparently one of the Hardrives trucks has a bad leak. As a result, a trail of tar covers Feder- al Highway, starting in Boca Raton and going north to Linton Boulevard. Mr. Kamarata felt that the City should pursue having the mess cleaned up by the contractor. Lastly, Mr. Kamarata inquired about the status of the installation of hurricane shutters on City Hall. 11.B.6. At this point Ms. Beer returned to address the Commis- sion on the issue of rabid raccoons. She stated that this situa- tion affects everyone in all areas and has become a health haz- -23- 1/09/96 ard. She suggested that some agency (county, state or city) should become involved in trapping the animals. 12. FIRST READINGS: 12.A. ORDINANCE NO. 2-96: An ordinance rezoning the old Miller Dodge property at 1900 North Federal Highway from AC (Automotive Commercial) District to SAD (Special Activities District). If passed, a quasi-judicial/public hearing will be held on January 23, 1996. The City Manager presented Ordinance No. 2-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT IN THE SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND BEING COMMON- LY KNOWN AS THE MILLER DODGE PROPERTY LOCATED AT 1900 NORTH FEDERAL HIGHWAY, AS MORE PAR- TICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES ALLOWED FOR THE SUBJECT PROPERTY UNDER THE SAD ZONING; GRANTING SITE PLAN APPROVAL WITH CERTAIN CONDITIONS; PROVIDING FOR AN EXPIRATION DATE OF THE SPECIAL ACTIVITIES DISTRICT ZONING CLASSIFICATION; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 2-96 on file in the official Ordinance Book) Although this was not a public hearing item, Vice-Mayor Ellingsworth opened the floor for public comment. Jean Beer, Tropic Isles, asked why the SAD (Special Activity District) designation is being applied to the property? Although she was glad to see that the property will soon be developed, she was concerned about using the SAD as a temporary zoning. Diane Dominguez, Planning Director, stated that the SAD is to accommodate a combination of uses allowed in the GC and the AC zoning districts. The SAD would be applied for a period of three years, at which time the owners would need to apply for a standard zoning designation such as AC (Automotive Commercial) or GC (General Commercial). Dr. Alperin asked how much of the property will be used as General Commercial? Ms. Dominguez stated that at this point there is no breakdown. The immediate plans is for the patio outlet to occu- -24- 1/09/96 py, fix-up and install landscaping along the perimeter of the property and fix-up the existing buildings; occupy the middle and rear buildings with the same use; and, market the site for other uses. She emphasized that the site would have to meet all the requirements of the AC zoning district if the site were to be used for a dealership. Also, in regard to a used car dealership, special regulations apply and that they can only be used as an accessory to an on-site used car dealership or a used car dealer- ship which specializes in rare or classic vehicles. Upon question by Mr. Randolph regarding landscaping on the site, Ms. Dominguez stated that landscape and site improve- ments are a requirement of the SAD as described within the ordi- nance. These include the installation of landscape buffers along Dixie and Federal Highways, and the upgrading of the existing buildings. She noted that a waiver to the 15' perimeter setback requirement is necessary due to the encroachment of existing buildings on the south side of the property. Ms. Dominguez explained that within 150 days of the adoption of the ordinance the following improvements have to be made: the installation of perimeter landscaping on the east and west borders; upgrade to the existing buildings to include elec- trical, plumbing and roofing repairs, re-stucco and paint the exteriors, install handicap parking and access, upgrade all site lighting. Dr. Alperin moved to approve the waiver of the 15' perimeter setback for the south property line and approval of Ordinance No. 2-96 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 3-96: An ordinance rezoning Tract A, Tract L-2, and a portion of Tract R, Congress Park South Replat, from PCC (Planned Commerce Center) District to MIC (Mixed Indus- trial and Commercial) District. The subject property is located south of Atlantic Avenue on the west side of Congress Avenue and contains 5.35 acres. If passed, a quasi-judicial/public hearing will be held on January 23, 1996. The City Manager presented Ordinance No. 3-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL )DISTRICT; SAID LAND BEING TRACT A, TRACT L-2, AND A PORTION OF TRACT R, CONGRESS PARK SOUTH REPLAT, LOCATED ON THE WEST SIDE OF CONGRESS~AVENUE, SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULAR- LY DESCRIBED HEREIN; AND AMENDING "ZONING MAP -25- 1/09/96 OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 3-96 on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 3-96 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 4-96: An ordinance rezoning Tract E, Congress Park South (Municipal Golf Course storage and mainte- nance facility), from PCC (Planned Commerce Center) District to OSR (Open Space and Recreation) District. The subject property is located south of Atlantic Avenue on the west side of Congress Avenue and contains 0.87 acres. If passed, a quasi-judi- cial/public hearing will be held on January 23, 1996. The City Manager presented Ordinance No. 4-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING TRACT E OF CONGRESS PARK SOUTH, LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DE- SCRIBED HEREIN; AND, AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 4-96 on file in the official Ordinance Book) Mrs. Smith moved to approve Ordinance No. 4-96 on FIRST Reading, seconded by Dr. Alperino Upon roll call the Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 5-96: An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.037, "Collective Bargaining; Approval or Rejection", of the City Code to bring the code into compliance with state law. If passed, a public hearing will be held on January 23, 1996. The City Manager presented Ordinance No. 5-96: -26- 1/09/96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEARING "PUBLIC EMPLOYEE RELATIONS", SECTION 35.037, "COLLECTIVE BARGAINING; APPROVAL OR REJECTION" OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 35.037(B) AND BY CREATING A NEW SUBSECTION 35.0425, "FINANCIAL URGENCY", TO CONFORM THE CITY'S ORDINANCES TO STATE LAW, PROVIDING THAT IN THE EVENT A FINANCIAL URGENCY REQUIRES MODIFICATION OF A COLLECTIVE BARGAINING AGREEMENT THAT THE IMPACT BE NEGOTIATED, AND T~IAT CERTAIN PROCE- DURES BE FOLLOWED; PROVIDING A GENERAL RE- PEALER CLAUSE; A SAVING CLAUSE AND AN EFFEC- TIVE DATE. (Copy of Ordinance No. 5-96 on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 5-96 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.E. ORDINANCE NO. 6-96: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to revise the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge for 1996. If passed, a public hearing will be held on January 23, 1996. The City Manager presented Ordinance No. 6-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SER- VICES'' OF THE CODE OF ORDINANCES OF THE CITY OF DEL~AY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE INFLATION INDEX CHARGE FOR 1996; PROVIDING A SAVING CLAUSE, A GENER- AL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 6-96 on file in the official Ordinance Book) The City Manager stated the City has been notified that the Inflation Index Charge (I.I.C.) for 1996, which is applicable to Medicare services and fee schedules, will be a three percent increase. In accordance with Section 96.66(B), the City Commis- -27- 1/09/96 sion may adjust fees annually pursuant to the Inflation Index Charge. However, the Medicare legislation is still being debated by the U.S. Congress. One of the proposals is to freeze ambu- lance charges for seven years. If that turns out to be the case, then this rate increase cannot take effect and the fees will revert to those currently in effect. The City Manager recommend- ed that the Commission go ahead and adopt the ordinance effective January 1, 1996, or else we will lose the right to increase the fees at all. Mr. Randolph moved to approve Ordinance No. 6-96 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 13. Conunents and Inquiries on Non-Aqenda Items. 13.A. City Manager. In response to Commissioner Smith's inquiry about the paving of S.E. 2nd Avenue, the City Manager reported that survey- ing is presently being conducted by the Engineering Department. At this point, it is uncertain if the roadway can be resurfaced or if the road will have to be reconstructed. Staff will be consulting with the merchants along the street as to the time frame for the work. The City Manager emphasized that the work will be completed as quickly as possible. In response to an inquiry regarding illegal dumping on Reigle Avenue, the City Manager explained that the problem is with the alleyway which connects Reigle Avenue to S.W. 10th Street. This alleyway provides an opportunity for the illegal dumping that is occurring. To stop the dumping, Public Works will be installing barricades to block off the alleyway at both ends. The City Manager stated that the City is continuing to have problems with the Butler building on Lake Ida Road. Staff met with the property owner on January 2, 1996, at which time the owner made a commitment to have the property cleared by January 5th. Also, the owner has stated that he intends to submit his application for a fence permit to help screen the debris. Staff conducted a physical inspection of the property on January 8th, at which time staff discovered additional debris. It is staff's opinion that most of the debris on the property is the result of the owner's use; however, the owner claims that he is a victim of illegal dumping. The property owner has received Notices to Appear (along with other citations) which will be heard by the Code Enforcement Board in the next few weeks. The City has informed the owner that since he has a commercial use, he needs to consult the Planning and Zoning Department prior to submitting the application for the fence permit application to Community Improvement. The City Manager pointed out that the owner has -28- 1/09/96 already begun to install the fence without receiving the permit. The City will continue to work with this property owner to get the property cleaned up. Regarding the rehabilitation of the East Atlantic Avenue bridge, the City Manager reported that the work is sched- uled for FY 1999, and will consist of correcting deficiencies, repainting, electrical and mechanical upgrades. The project manager for Florida Department of Transportation has informed the City that a consultant will be inspecting the bridge and will prepare a recommendation. FDOT does not expect the design to be completed prior to 1997; therefore, it will not be possible to include this project as part of the East Atlantic Avenue Beauti- fication Project. 13.B. The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mr. Randolph asked if the Fire Department has received any complaints about animals (dogs in particular) being bothered by the sirens from emergency vehicles? Doug Trawick, Division Chief for E.M.S., responded that the Fire Department has not received any complaints of this nature. He suggested that perhaps the animal was startled by the siren which may have caused it to get upset. In response, Division Chief Trawick stated that Fire Department personnel have been instructed to try to avoid sensi- tive areas such as churches, funeral parlors as best they can; however, they have to be cognizant of the safety hazards that exist. 13.C.2. Mrs. Smith asked if the Fire Department could be more sensitive about using the sirens when passing by churches on Sunday mornings. Mrs. Smith wished everyone a healthy and Happy New Year for 1996. 13.C.3. Dr. Alperln had no comments or inquires. 13.C.4. Vice Mayor Ellinqsworth had no comments or inquires. There being no further business, Vice Mayor Ellingsworth declared the meeting adjourned at 8:30 P.M. ~ity'Cle~k ATTE~ -29- 1/09/96 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of January 9, 1996, which minutes were formally approved and adopted by the City Commission on 0~Lg~iD3~ ~L~ -- - City' dler~ 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. -30- 1/09/96