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01-23-96 JANUARY 23, 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 6:00 P.M., Tuesday, January 23, 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 Reverend Michael McClure, West Park Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Lynch noted the addition of Item 9.P., CONTRACT ADDITION FOR MANSARD ROOF REPLACEMENT AT FIRE STATION NO. 4 by addendum and the addition of Item 9.Q. WORLD PEACE INTERNATIONAL to the Regular Agenda. Mr. Ellingsworth moved to approve the agenda as amend- ed, 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. 5. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Regu- lar Meeting of January 9, 1996, and the Special Meeting of Janu- ary 16, 1996, seconded by Dr. Alperin. Upon roll call the Com- mission 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. 6. Proclamations: 6.A. Recognizing and commending Richard Elasik, Barry Martindale and Mike Miller Mayor Lynch read and presented a proclamation recogniz- ing and commending Richard Elasik, Barry Martindale and Mike Miller (three Florida Power & Light employees) for their heroic actions in response to an endangered child and the threat of severe property damage. Richard Elasik, Barry Martindale and Mike Miller came forward to accept the proclamation. 6.B. Recoqnizinq and commendinq Tim Onnen for his years of service on the Code Enforcement Board Mayor Lynch read and presented a proclamation to Tim Onnen for his dedicated service to the City of Delray Beach. Tim Onnen came forward to accept the proclamation. C. OF NOTE: Reco.gnizinq and commendinq Jerry Janaro, outgoing Chairman of the Board of the Greater Delray Beach Chamber of Commerce Mayor Lynch presented a proclamation honoring Jerry Janaro in recognition of his many accomplishments and years of dedicated service to his community through the Greater Delray Beach Chamber of Commerce. 7. Presentations: 7.A. "100 Years of Education in Delray Beach" - Joe Gillie, Old School Square Joe Gillie, Director of Old School Square, discussed the special event. He explained that Old School Square will anchor the century of education celebration in the City of Delray Beach and focus primarily on a series of events throughout this year which honor the City's educational heritage as well as build for a stronger educational future. Mr. Gillie announced that the educational centennial will kick-off Friday, January 26, 1996, at Old School Square with a performance of Zora Neale Hurston at 8:00 p.m in the Crest Theatre. 7.B. Delray Holiday Toy Drive Presentation - Perry DonFrancisco Perry DonFrancisco, on behalf of the Holiday Toy Drive Committee, presented a check in the amount of $4,300 to Joe Dragon, Assistant Director of Parks and Recreation, to be used for the acquisition of skill building materials for the children in the After School Program. 1. Proclamation recognizing and commending Sean Anderson, Perry DonFrancisco, Cathy Hazard, Lisa Henderson, Jennifer Ardito and Lori Denosky for their dedication to the Holiday Toy Drive and the After School Program. 2 01/23/96 Mayor Lynch read and presented a proclamation recogniz- ing Sean Anderson of the Kids & Cops Committee, Perry DonFrancisco of Boston's & Delray Citizens for Delray Police, Cathy Hazard of Leadership/Adelphia Cable T.V., Lisa Henderson of Delray Community Hospital, and Jennifer Ardlto and Lori Denosky of Office Depot for their dedication and hard work in making the Holiday Toy Drive and After School Program a great success. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. REMOVED. 8.B. JOINT FUNDING AGREEMENT/SANITARY SEWER EXTENSION TO SERVE THE LEE PROPERTY: Approve an agreement between the City and Lee's Crossing - Delray Beach Limited Partnership for funding the sanitary sewer extension along Franwood Drive to serve the Lee property located west of and adjacent to Kingsland Pines Subdivision on the west side of Gallagher Road. 8.C. MEMORANDUM OF UNDERSTANDING/DELRAY BEACH HOUSING REN- AISSANCE PROGRAM: Approve the Memorandum of Understanding among program participants, including Policies and Procedures, that will govern the Delray Beach Housing Renaissance Program. 8.D. REVISED INVESTMENT POLICY: Approve revisions to City Policy and Procedure Number BP-2, "Investment Policy and Proce- dures''. 8.E. RESOLUTION NO. 8-96: Approve a resolution assessing costs for abatement action required to board up an unsafe build- ing at 315 N.W. 12th Avenue. The City Manager presented Resolution No. 8-96: 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 ~ITY 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 EFFECTIVE 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. 8-96 is on file in the official Resolution Book) -3- 01/23/96 8.F. RESOLUTION NO. 9-96: Approve a resolution assessing costs for abatement action required to board up an unsafe build- ing at 338 N.W. 4th Avenue. The City Manager presented Resolution No. 9-96: 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. 9-96 is on file in the official Resolution Book) 8.G. RESOLUTION NO. 10-96: Approve a resolution assessing costs for abatement action required to remove five abandoned vehicles on properties throughout the City. The City Manager presented Resolution No. 10-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 10-96 is on file in the offi- cial Resolution Book) 8.H. FINAL PLAT/SOUTH COUNTY MENTAL HEALTH CENTER: Approve the final boundary plat for the South County Mental Health Center -4- 01/23/96 located on the east side of Military Trail immediately south of the Linton Oaks Square center. 8.I. FINAL PLAT/DARREN'S RIDGE: Approve the final boundary plat for Darren's Ridge, a proposed eight unit rental apartment development generally located at the southwest corner of the intersection of Avenue "C" with Florida Boulevard. 8.J. EMERGENCY REPAIR/LAKEVIEW GOLF COURSE IRRIGATION PUMP STATION: Approve emergency bid award in the amount of $18,442 to Sullivan Electric and Pump, Inc. for emergency repairs to the irrigation pump system at Lakeview Golf Course, with funding from 446-4761-572-63.90. 8.K. RESOLUTION NO. 4-96: Approve a resolution expressing the City Commission's consent to Palm Beach County's abandonment of an ingress and egress easement being generally located across land between Lake Ida Road and Lake Ida Park. The City Manager presented Resolution No. 4-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING ITS CONSENT TO PALM BEACH COUNTY'S ABANDONMENT OF THE INGRESS AND EGRESS EASEMENT ACROSS LAKE IDA ROAD AND LAKE IDA PARK AS MORE PARTICU- LARLY DESCRIBED IN THE EXHIBITS TO THE PETI- TION TO ABANDON EASEMENT, ATTACHED TO THIS RESOLUTION, PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 4-96 is on file in the official Resolution Book) 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Hector Turf through State Contract for the purchase of two Toro Groundmaster 325D 72" mowers, in the amount of $24,110 from 501-3312-591-64.20. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mrs. Smith. 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. REGULAR AGENDA: 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Con- sider an appeal of the Historic Preservation Board's action to deny a Certificate of Appropriateness for the properties located at 2 East Atlantic Avenue and 11 South Swinton Avenue. QUASI-JU- DICIAL PROCEEDING -5- 01/23/96 The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered all the Planning and Zoning Department's file on this project, including the City's Comprehensive Plan, the City's LDR Section 4.5.1 and the Delray Beach Design Guidelines into the record. The Board recommended that the proposal be tabled to allow the applicant to return with revised plans which would be compatible to the criteria for alterations. This suggestion was unacceptable to the applicant. The letter of appeal outlining the applicant's arguments for reversing the HPB decision is included with the background documentation. John P. Johnson, Director of the Palm Beach County Historic Preservation Board and Chairman of the City's Historic Preservation Board, submitted the pertinent page in the Secretary of Interior Standards as it relates to commercial building store- fronts as Exhibit #1, identified the poster as City's Exhibit #2, a photo as City Exhibit #3, and the proposed elevations as City Exhibit #4. Mr. Johnson stated he is available, as are the members and staff of the Historic Preservation Board, to work with the owners of these buildings to create a design that is within the guidelines required by the ordinance. He is request- ing the Commission to uphold the decision of the Board and give this property owner another opportunity to make a more appropri- ate redevelopment proposal. Pat Cayce, Historic Preservation Planner, stated she is available to answer any questions regarding this redevelopment. Mayor Lynch declared the public hearing open. Michael Weiner, attorney speaking on behalf of the applicant, explained the facts for the reason of the appeal and submitted appellants Exhibit 1, 2, 3, 4, 5, 6, 7 & 8 into the record. He noted that the Comprehensive Plan supports the ap- peal. He made reference to the LDR 4.5.1. (E) Section 3, City's Exhibit #3, along with making reference to the Secretary's Stan- dards. Mr. Weiner stated the applicant is asking for a Mediter- ranean Revival. He feels the burden of proof is met, demonstrat- ed that the appropriate interpretation of the rules and regula- tions in the Comprehensive Plan support their position, and in fact this will improve the City and will show some type of treat- ment towards the details of the historical nature of the area. Michael Kravit, architect, submitted his credentials and explained that this building is not on the National Register and is not a documented building. He reviewed the photo (Appel- lant's Exhibit #1). He stated he wants to create a building that 6 01/23/96 is going to have a curb appeal that will bring retail and profes- sional people to that building and yet keep within the intent of the historic preservationist criteria allowing them to bring a style of architecture that is acceptable under Federal guidelines that the City will have something to be proud of. He made refer- ence to a building at 222 East Atlantic Avenue in Delray that is currently being renovated which has the same architectural ele- ments that is intended for this building (i.e. storefront vernac- ular). He stated the color palette complies with the color palette of the Historic Preservation Board. In the photograph of the original building, Mr. Kravit feels there is insufficient evidence to determine the historic significance of the building. No one came forward to speak in favor or in opposition of the appeal. Discussion by the Commission ensued. Mr. Randolph expressed concern regarding the compati- bility of the colors with Old School Square and the area in general. He stated this area is a focal point for entering into the downtown area. If approaching from the western section, the first thing that is seen is the building in the condition that it is currently in. He asked the architect if there are any plans do soften the looks of the building. Mr. Weiner stated that most of the colors have been chosen to be compatible with Old School Square. Mr. Kravit stated that modifying the colors would not be a problem and he would be more than happy to choose one of the other color schemes. As far as the west side facade along Swinton Avenue, he is trying to create an entry quarter that will be more inviting to people. Mr. Ellingsworth asked if the color green matches the color around the windows at Old School Square? In response, Mr. Kravit stated that the colors are very close and he would not have a problem with matching the colors completely if the Commis- sion so desires. Dr. Alperin asked if the Design Guidelines require that this building be restored back to the character that was origi- nally designed? In response, Pat Cayce stated that this requires that it has a sensitive rehabilitation and restoration including in the guidelines are the Secretary of Interior Standards and one of those Secretary of Interior Standards states that each proper- ty shall be recognized as a physical record of its time, place, and use. Also, the Board had no problem with adding the four windows. Dr. Alperin asked if should a design not be in direct character to the original design, but still fit into the charac- ter of that period, does the standards allow for such a change? In response, Ms. Cayce stated that the standards would allow for such a change. 7 01/23/96 Staff feels it would be very easy to do a compatible and sympathetic renovation. Ms. Cayce stated that this building happens to be one of the oldest buildings on Atlantic Avenue and was never Mediterranean Revival. Michael Weiner, representing applicant, presented his closing summary. John Johnson, architect, presented his closing state- ment. Dr. Alperin feels that a compromise can be reached and does not feel comfortable with the letter. He recommends to uphold the decision. Mr. Randolph wished they had talked more regarding this issue and restrained from voting at this time. Mr. Ellingsworth asked the City Attorney if the recom- mendation of HPB is upheld tonight, would the applicant have an opportunity to come back and have the two parties discuss in more depth and try to refine one or two minor differences that appear to be holding this up? In response, the City Attorney stated the applicant can always present a new application for a Certificate of Appropriateness (COA) to the Historic Preservation Board. Mrs. Smith stated this is a very vital corner and concurs with Mr. Ellingsworth's suggestion. Mr. Weiner requested to table this item for 15-20 minutes. At this point, the Commission moved to Item 9.D. of the Regular Agenda. 9.D. LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY/PETER'S STONE CRABS, LTD.: Consider a license agreement with Peter's Stone Crabs, Ltd. for the use of two parking spaces on Atlantic Avenue to allow a valet parking service to operate in front of the restaurant. David Tolces, Assistant City Attorney, stated Peter's Stone Crab, Ltd. is requesting to use two of the parking spaces on the north side of Atlantic Avenue, east of 4th Avenue, to operate a valet parking service. This agreement would allow Peter's Stone Crabs, Ltd. to use two parking spaces between the hours of 5:00 and 11:00 p.m. from Tuesday through Sunday. Dr. Alperin moved to approve the License Agreement for the use of right-of-way with Peter's Stone Crabs, Ltd. to provide for the use of two parking spaces in front of Peter's Stone Crabs, Ltd. from 5:00 p.m. until 11:00 p.m. on Tuesday through Sunday, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; 8 01/23/96 Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. In response to Mr. Millanise's concern regarding the dumping of debris within the road right-of-way along Germantown Road, the City Manager stated that the City had Waste Management remove the debris and post "No Dumping" signs. In response to Mr Millanise's concern regarding the poor conditions of the hedges located south of the Palm Cove development along Old Germantown Road, the City Manager stated the City is in the process of working on it and will report back on this matter at a later date. In response to Mrs. Finst's concern regarding the Kraft facility and the condition of the landscaping along Congress Avenue, the City Manager stated the Kraft facility has been cleaned up. Code Enforcement had already been working with the property owner prior to the matter being brought up at the Com- mission meeting. Regarding Ms. Beer's concern regarding the issue of the rabid raccoons, the City Manager stated the City is currently working with the County; however, this matter has not yet been resolved. The County may do some trapping in conjunction with municipalities. At this point, the County has made no decision. In reference to Mr. Eckerle's suggestion of installing a bicycle rack in front of City Hall, the City Manager stated the City is looking into several different locations and a recommen- dation will be forthcoming. In response to Mr. Kamarata's concern regarding the need for additional street lights in the Tropic Palms area, the City Manager stated the City has scheduled a meeting with Florida Power and Light to discuss any and all possibilities of increased lighting. The City has mapped all the street lights and an inspection of the area has been completed. There are other problems with tree limbs hiding light fixtures and over grown trees causing wires to break and not to be reconnected and sever- al locations where fixtures need to be installed. In the past, areas in Tropic Palms needing street lights have been denied by homeowners. The City has had problems with homeowners denying the request for easement for Florida Power and Light to run power lines out to the street. The City will again attempt to have the the easements signed in the areas where they are needed. The City will look into taking some of the easements to the Homeown- ers Association to enlist their assistance in obtaining ease- ments. 9 01/23/96 Regarding the tar droppings on South Federal Highway and Linton Boulevard, the City Manager stated the City has been in contact with the Operations Supervisor of Hardrives and as soon as there is a warm day, a crew will be sent out to scrape up the asphalt. The Operations Supervisor advised that it would not be a good idea to try to scrape the asphalt when it is cold because it would cause damage to the existing roadway. Regarding Mr. Kamarata's last concern regarding the street signage on Avocet Road, the City Manager stated the City will be installing a sign advising traffic going west on Avocet of the Bluebird intersection. The speed limit signs are appro- priately located. If the sign that Mr. Kamarata suggested be moved was indeed moved, then it would not be properly located for the traffic that is suppose to be informing of the speed limit. In response to Jean Beer's concern about the Quasi-Ju- dicial Hearings for conditional uses on the Regular Agenda, the City Manager stated that on tonight's agenda the first item is called a Quasi-Judicial proceeding to distinguish between a Quasi-Judicial Hearing. He suggested that any concerned citizens could ask the Planning and Zoning Board to consider whether or not conditional uses should be made subject to a public hearing. As they are now, they are not a public hearing even though the City has to proceed to the Quasi-Judicial Hearing rules. Lastly, regarding the status of the installation of hurricane shutters on City Hall, the City Manager stated that the City has checked into having an architect design a shell for the two-story portion of City Hall which the City will do in lieu of shutters. The City has received those qualification packages and at the next meeting should have a recommendation regarding the selection of an architect to proceed with the project. At this point, the Commission returned to Item 9.A. of the Regular Agenda. John Johnson stated he saw another design that he would like the opportunity to recommend to the Historic Preservation Board. Michael Weiner stated that if the motion is passed tonight, he would like direction from the Commission to let the Historic Preservation Board know the support that the Commission is giving to the resolution based upon these plans. The City Attorney stated this would not be appropriate; however, postpone- ment of the vote would be sufficient. Mr. Weiner stated he will go back to HPB with these plans and if there is difficulties, then the appeal could be appealed. After discussion, it was the consensus of the Commis- sion to postpone the appeal of the Historic Preservation Board decision until the workshop meeting of February 13, 1996. -10- 01/23/96 Mr. Ellingsworth moved to postpone the vote and go back to the Historic Preservation Board with the new information and bring back to the Commission at the Special/Workshop meeting of February 13, 1996, seconded by Mr. Randolph. 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. At this point, the Commission returned to Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. ll.B.1. Clifford Durden, 702 E. Chatelaine Boulevard, repre- senting the Concerned Citizens Coalition of Delray Beach, ex- pressed concern over the dismissal of the Delray Beach Housing Authority Executive Director Deborah Castellow. He asked that the Commission analyze what happened and find a solution to the situation. At this point, the time being 7:30 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.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). 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. 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 is on file in the official Ordinance Book) -11- 01/23/96 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 this item will be conducted as a Quasi-Judicial Hearing. The City Clerk swore in those individuals who wished to give 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 Planning and Zoning Board considered this item at public hearing on December 19, 1995, and voted 4 to 0 to recom- mend that the SAD zoning be approved. At first reading on Janu- ary 9th, the Commission approved a waiver to the 15 ft. perimeter setback requirement on the south side of the property due to encroachment of existing buildings. Staff is recommending approval of Ordinance No. 2-96 on second and final reading, based upon positive findings with respect to section 3.1.1. (Required Findings), Section 3.3.2 (standards for Rezoning Actions), and Section 2.4.5(D) (5) (c) of the Land Development Regulations, and policies of the Comprehen- sive Plan. Mayor Lynch declared the public hearing open. Wendell H. Miller, applicant, stated that this property has been vacant since 1988 and is presently in an unsightly condition. He plans to rezone the property in such a way to have some flexibility both in keeping the automotive commercial zoning on the property and adding to it a general commercial zoning. This will allow the applicant to utilize the property for the existing business (patio furniture store) and allow for the expansion of the business to accommodate some other uses for the area. There being no one else who wished to give testimony on this item, the public hearing was closed. Discussion by the Commission ensued. Mayor Lynch strongly supports the rezoning of this property. Mr. Randolph inquired as to whether the applicant has plans to immediately improve this parcel. Mr. Miller stated that the building will be renovated immediately. In addition, there will be extensive landscaping and irrigation. -12- 01/23/96 Mr. Randolph moved to adopt Ordinance No. 2-96 on Second and FINAL Reading including the 15 foot waiver, 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. Prior to the vote, Dr. Alperin noted the three year termination of the Special Activities District (SAD) zoning. 10.B. ORDINANCE NO. 1-96: SECOND READING/SECOND PUBLIC HEARING for an ordinance amending LDR Section 4.4.9(D) by adding the sale and service of all terrain vehicles and personal water- craft (waverunners, jet skis) as a conditional use in the General Commercial zoning district. Prior to consideration of passage of this ordinance on Second and PINAL Reading, a second public hearing has been scheduled to be held at this time. 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) DISTRICT", SUBSECTION 4.4.9(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE SALE AND SERVICE OF ALL TERRAIN VEHICLES AND PERSONAL WATERCRAFT (WAVERUNNERS, JET SKIS) AS A CONDITIONAL USE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 1-96 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 Lynch declared the public hearing open. Irene Feeney, 800 Canary Walk, strongly objects to the exception of the code which namely adds: "the sale and service of all terrain vehicles and personal watercraft (waverunners, jet skis) as a conditional use" in the General Commercial Zoning district and urged the Commission to reconsider the language of this ordinance. She expressed concern over the intended hours of operation for the business and feels if the City allows this business to operate, it will not only add to the noise in the area, but will be detrimental to the entire neighborhood. There being no one else who wished to give testimony on this item, the public hearing was closed. -13- 01/23/96 Mrs. Smith moved to adopt Ordinance No. 1-96 on Second and FINAL Reading, 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. 10.C. ORDINAI~CE 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. 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. 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 DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO REVISE THE FEE SCHED- ULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE INFLATION INDEX CFIARGE FOR 1996; PROVIDING A SAVING CLAUSE, A GENER- AL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 6-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved to adopt Ordinance No. 6-96 on Second and FINAL Reading, seconded by Mrs. Smith. 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. 10.D. 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. 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. 3-96: -14- 01/23/96 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 OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 3-96 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. The City Clerk swore in those individuals wishing to give 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 existing land use is 77,800 square foot warehouse and office structure with associated parking and landscaping. This is a City-intiated rezoning to accommodate the existing industrial building which became nonconforming under the PCC zoning when Levenger rezoned its project from PCC to MIC in October, 1995. The Planning and Zoning Board considered this item at public hearing on December 19, 1995, and voted 4 to 0 to recom- mend that the rezoning be approved. At first reading on January 9th, the Commission passed the ordinance by a vote of 4 to 0. Mayor Lynch declared the public hearing open. 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. 3-96 on Second and FINAL Reading, 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. -15- 01/23/96 10.E. 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. Prior to consideration of pas- sage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDI- CIAL HEARING 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 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 will be conducted as a Quasi-Judicial Hearing. The City Clerk swore in those individuals wishing to give 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. Mayor Lynch declared the public hearing open. There being no one else who wish to give testimony on this item, the public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 4-96 on Second and FINAL Reading, seconded by Dr. Alperin. 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. -16- 01/23/96 10.F. 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. 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. 5-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "PUBLIC EMPLOYEE RELATIONS, SEC- TION 35.037, "COLLECTIVE BARGAINING; APPROVAL OR REJECTION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMEND- ING 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 THAT CERTAIN PROCEDURES BE FOLLOWED; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 5-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 5-96 on Second and FINAL Reading, 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. At this point, the Commission moved to the First Read- ings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 7-96: An ordinance rezoning a 7.84 acre parcel of land from R-1-A (Single Family Residential) District to CF (Community Facilities) District for the Full Gospel Assembly Church. The subject property is located at the southwest corner of S.W. 10th Street and Swinton Avenue. If passed, a quasi-judi- cial/public hearing will be held on February 6, 1996. The City Manager presented Ordinance No. 7-96: -17- 01/23/96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COM- MUNITY FACILITIES) DISTRICT; SAID LAND BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SoW. 10TH STREET AND SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED 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. 7-96 is on file in the official Ordinance Book) Dan Carter, landscape architect representing the prop- erty owners, stated he is willing to answer any necessary ques- tions. Dr. Alperin inquired as to what the architect plans to do with the northern parcel? In response, Mr. Carter stated this will probably be a playground for the facility. Diane Dominguez, Planning Director, stated that currently this is not in the proposed plan. Dr. Alperin stated he is fully aware that there is no proposal being presented; however, he is wondering if it is appropriate to change that part of the zoning since it is in a residential area. Dr. Alperin stated there is no way to tell whether the property will be used for the church or whether it will be a residential piece that may eventually be sold. The City Manager asked Ms. Dominguez if the church owns the houses and why are the homes zoned residential? In response, Ms. Dominguez, stated that the intention is to use them for residen- tial purposes. The City Attorney stated this item will be before Commission on February 6, 1996, as a Quasi-Judicial Hearing for further discussion. Dr. Alperin moved to approve Ordinance No. 7-96 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission 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. At this point, the Commission moved to Item 9.B. of the Regular Agenda. 9.B. REQUEST FOR TIME FRAME EXTENSION FOR REDUCED WATER AND SEWER CONNECTION FEES/NORTH FEDERAL HIGHWAY PROPERTY (CARR): Consider a request for a 60 day extension to the time frame established by Annexation Agreement for reduced water and sewer connection fees for the Carr property addressed as 2101 North Federal Highway. -18- 01/23/96 Mr. Ellingsworth moved to approve the request of a 90 day time frame extension for reduced water and sewer connection fees for the Carr property, 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.C. 1996 LEGENDS TENNIS TOURNAMENT AGREEMENT/LIDDUN INTER- NATIONAL, INC.: Consider an agreement between the City and Liddun International, Inc. for the 1996 Legends Tennis Tournament to be held December 7-8, 1996, at the Municipal Tennis Center. Mayor Lynch asked for clarification of the agreement and questioned whether the County usage of the tennis stadium would be restricted from October 1, 1996 through February 1, 1997. The City Manager stated the County's agreement is subordi- nate with the Liddun agreement. Mayor Lynch asked whether the City will be put in jeopardy if the County is allowed to use the tennis stadium. The City Attorney suggested that the Commission consider modifying the agreement to reflect that the City be protected with their relationship to the County. Dr. Alperin moved to approve the 1996 Legends Tennis Tournament Agreement with Liddun International, Inc. subject to additional language, 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.E. SANITARY SEWER ALTERNATIVES/N.E. 1ST COURT UTILITY IMPROVEMENTS PROJECT: Consider gravity flow sanitary sewer alternatives as part of the N.E. 1st Court utility improvements project. Dr. Alperin moved to approve the gravity flow sanitary sewer alternatives as part of the N.E. 1st Court utility improve- ments project, seconded by Mr. Ellingsworth. 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.F. REQUEST FROM THE COMMUNITY REDEVELOPMENT AGENCY TO ACQUIRE CITY-OWNED PROPERTY: Consider a proposal from the Commu- nity Redevelopment Agency for acquisition of City property locat- ed at 17 N.W. 5th Avenue (commonly known as the Shatz property). Kevin Egan, Chairman of the CRA, stated the CRA is working with Parker's Kitchen on the redevelopment of the Shatz property located at N.W. 5th Avenue. In an effort to make this redevelopment area more economically viable, the CRA would like the City to consider selling the Shatz property for the construc- tion of a parking lot. Mayor Lynch asked Mr. Egan if this prop- erty sells in the future as a commercial use, would the CRA agree -19- 01/23/96 to have the City share in the profits? In response, Mr. Egan feels this would be fair and does not have a problem with this. Dr. Alperin moved to approve the request from the Community Redevelopment Agency to acquire City owned property located at 17 N.W. 5th Avenue (Shatz property), subject to a caveat that if the property is sold in the future, the City shares in the profit, seconded by Mr. Ellingsworth. 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.G. U.S. MARSHALS SERVICE OFFER FOR CITY TO PURCHASE PROP- ERTY AT 200 S.E. 10TH STREET: Consider the U.S. Marshals Service offer to sell to the City property at 200 S.E. 10th Street for the relocation of Rusty's Plumbing from its current location at 1191 South Dixie Highway. The City Manager stated this is an interesting idea but very costly. He stated that the only appropriate way to proceed with this, would be for the City to acquire the property because of the time factor. The other possibilities are redevelopment activities, however, as a general purpose local government, the City is not in power to engage in. He stated that perhaps the City could create a mini CRA or expand the CRA. The City Attorney stated there may be limits to what the City can do to the building. Even as a mini CRA or a private CRA, the City cannot give away public money for a private pur- pose. The City Attorney stated there are some things which need to be worked out. Mayor Lynch suggested that the City Attorney look into, but with the understanding that the City would need to see the appraised value. Dr. Alperin moved to approve giving the City Attorney direction to proceed with the negotiations to purchase the Sun- shine Tools property, with a purchase price not to exceed $80K, but at appraised price if the appraised price is lower, and to include appropriate environmental studies, seconded by Mrs. Smith. 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. 9.H. THE COP. NICHE REPLAT: Consider releasing the 24 foot public access easement for recreational purposes across the north end of The Corniche Replat in exchange for a like 24 foot ease- ment across the south end of the replat, subject to approval by the City Attorney of the necessary legal documents. -20- 01/23/96 The City Attorney stated that there may be some issues which F.I.N.D. may require and noted that any conceptual approval has to be subject to approval of F.I.N.D. Mr. Ellingsworth moved to approve the Corniche replat, 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.I. REJECTION OF BIDS/GREENBRIER DRIVE UTILITY IMPROVE- MENTS: Consider rejecting all bids received for the Greenbrier Drive utility improvements project. The sanitary sewer portion of the project has been eliminated. Only the water main portion will be constructed, with the work to be done by City forces. Dr. Alperin moved to approve the rejection of all the bids received for the Greenbrier Drive utility improvements project, 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.J. CONTRACT ADDITION (C.O. ~i)/MURRAY LOGAN CONSTRUCTION: Consider Contract Addition (C.O. #1) in the amount of $17,720 and a 60 calendar day time extension to Murray Logan Construction for miscellaneous repairs at Lift Stations 81 and 83; with funding from 442-5178-536-61.83. Mr. Randolph moved to approve the Contract Addition (C.O. #1) in the amount of $17,620 and a 60 calendar day time extension with Murray Logan Construction, seconded by Dr. Alperin. 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.K. RESERVED TEE TIME PROGRAM FOR HOTELS: Consider a request to revise the reserved tee time program for hotel guests to eliminate restrictions. Brahm Dubin, General Manager of the Delray Beach Munic- ipal Golf Course and Lakeview Golf Course, is requesting to revise the reserved tee time program for hotel guests and elimi- nate the restrictions on the golf course. Mr. Dubin is seeking more flexibility in the policy in order to adjust to market conditions. The City Manager asked Mr. Dubin if he could eventually develop some better perimeters so that people feel more comfort- able with some firm guidelines. Furthermore, the City Manager suggested a nine month trial period and then Mr. Dubin could come back to the Commission before the next fiscal year. -21- 01/23/96 Mr. Randolph moved to approve the policy change as requested, subject to a nine month trial period including staff's recommendation that it does not negatively impact tee times reserved for residents, seconded by Mr. Ellingsworth. 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.L. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1997. Mayor Lynch's appointment. Mr. Ellingsworth moved to appoint Robin Bird as a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 1997, 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. 9.M. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997. Dr. Alperin's appointment. Dr. Alperin moved to appoint Janet Baron as an alter- nate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997, seconded by Mr. Ellingsworth. 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.N. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (layperson) to the Code Enforcement Board for a three year term ending January 13, 1999. Dr. Alperin's appoint- ment. Dr. Alperin moved to appoint Barbara Holder as an alternate member (layperson) to the Code Enforcement Board for a three year term ending January 13, 1999, 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. 9.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board at its meeting of January 10, 1996, subject to further consideration of the action to eliminate the sidewalk requirement along Gleason Street. The City Manager stated this item was placed on to- night's agenda because he is concerned about eliminating the sidewalk requirement along Gleason Street from the Gleason Street townhomes. He stated that Gleason and Venetian get a significant amount of pedestrian traffic and feels that it is appropriate for a sidewalk to be put in. -22- 01/23/96 For clarification, Dr. Alperin reiterated that the City Manager is requiring an appeal of the SPRAB decision on the Gleason Street townhomes. The City Manager stated that this is correct. Dr. Alperin moved to approve the appeal of SPRAB's action to eliminate the sidewalk along Gleason Street, and to ap- prove the rest of the Land Development Board actions, 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.P. CONTRACT ADDITION FOR MANSARD ROOF REPLACEMENT AT FIRE STATION NO. 4: Consider contract addition in the amount of $24,030.27 and 21 additional calendar days to the contract with RPM General Contractors, Inc. for replacement of the wood shingle mansard roof with an asphalt shingle roof at Fire Station No. 4. Jose Aguila, Construction Manager, stated that during the course of remodeling and addition work for Fire Station #4, the contractor discovered a great deal of rot in the mansard. Severe water damage was uncovered and as a result, several truss- es were completely disintegrated. It is recommended that the existing cedar shake shingles be removed, the mansard repaired and reroofed with fungus resistant asphalt shingles. He stated that there will be an additional cost of $840.00 for materials making the total contract addition amount $24,870.27. Discussion by the Commission followed. Mr. Ellingsworth asked Mr. Aguila if the addition will look exactly as it did before? In response, Mr. Aguila stated that it will look exactly as it does now but instead of wood shake asphalt shingles, fungus resistant asphalt shingles will be used. Mr. Aguila noted that there is a twenty-five year warranty on this material. After discussion, Mr. Ellingsworth moved to approve the Contract Addition as recommended by staff, seconded by Dr. Alperin. 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. 9.0. WORLD PEACE INTERNATIONAL, INC: The Prayer Society, a world renown peace organization founded in Japan in 1955, will be in Delray Beach February 3, 1996 with a representative from Japan, and has requested a Peace Pole planting ceremony at 3:00 p.m. Mayor Lynch stated that the World Peace Prayer Society, a world renown peace organization founded in Japan in 1955, with International Headquarters in New York City, has chosen to sup- -23- 01/23/96 port World Peace International and it's efforts with the selec- tion of Delray Beach as a site for one of the 700 new plantings across North America and Canada this year. The City Manager stated that staff will recommend an appropriate location for the Peace Pole planting ceremony and will contact Stephen T. Kusper, President of World Peace Interna- tional, Inc. and inform him that staff is working on an appropri- ate location. It was the consensus of the Commission to support, with direction from Mayor Lynch for staff to come up with a recommen- dation of an appropriate location for the Peace Pole planting ceremony. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager In response to a previous inquiry from the Commission, the City Manager distributed a memorandum from the Director of Planning and Zoning concerning the public participation process for the Evaluation and Appraisal Report (EAR) for the Comprehen- sive Plan. In addition, he distributed a report on the current status of the FAMU Band special event. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Dr. Alperin Dr. Alperin commented that the Backroom had received an approval for the use of a sidewalk in front of the business, but apparently did not have the event. The City Manager advised that they decided to stay inside. Dr. Alperin asked if a report had been received back from Mr. Hansen about the interlocal agreement with the School Board for the Seacrest property? Robert Barcinski, Assistant City Manager, reported that Mr. Hansen has been out ill and is still working on it. A response is expected soon. Regarding the Butler building on Lake Ida Road, Dr. Alperin asked if the owner is complying, or making an attempt to comply with the City code? Lula Butler, Director of Community Improvement, reported that the owner is scheduled to come before the Code Enforcement Board within the next two weeks. She noted that the owner is continuing to do a lot of work without permits. 13.C.2. Mr. Ellingsworth -24- 01/23/96 Mr. Ellingsworth had no comments or inquiries. 13.C.3. Mr. RandolDh Mr. Randolph had no comments or inquiries. 13.C.4. Mrs. Smith Mrs. Smith had no comments or inquiries. 13.C.5. Mayor Lynch Mayor Lynch reported that he had received a letter from the Education Board concerning the naming of the park by the new Orchard View Elementary School, and asking if there is interest on the Commission's part in using this as a possible fund raiser. The Mayor passed the letter along to staff to see if some type of arrangement can be worked out with the School Board to possibly raise some money through the naming of the park which could be used for Playground equipment. With respect to grants, Mayor Lynch asked if the City is doing well in this area? The City Manager stated that the City is doing very well. Mayor Lynch commented that he had received a letter from the Boca Hotel which is interested in working out a tennis arrangement. He passed the letter along to the City Manager. Mayor Lynch commented on two newspaper articles he had received which favorably mentioned Delray Beach and the city's turnaround. One of the articles was from a Sarasota newspaper and the other was from Crain's Detroit Business, Michigan (May 1, 1995). In reference to the issue on the Housing Authority which had been brought up earlier in the meeting, Mayor Lynch stated it is his understanding that while the Commission appoints members to the Authority, once they are appointed they are regu- lated by State statute and the Commission does not have the authority to overturn or change decisions made by them; they operate independently of the Commission. He suggested that the City Attorney convey this information to Mr. Durden so that he understands the Commission does not have the authority to take further action on this matter. There being no further business, Mayor Lynch declared the meeting adjourned at 9:15 P.M. City/Clerk ' -25- 01/23/96 ATTEST: M A -O R 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 23, 1996, which minutes w~re formally approved and adopted by the City Commission on ~4~u~3~J ~ /~ / , J Cit~ Q~erk 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. -26- 01/23/96