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05-21-96 MAY 21, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Jay A1perin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, May 21, 1996. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Commissioner David Randolph Mayor Jay A1perin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Anwar Gillion, representing the South County Chapter of the Boys and Girls Club of Palm Beach County. 3. The Pledge of Allegiance to the flag of the United States of America was led by Rasheem Kincey, representing the South County Chapter of the Boys and Girls Club of Palm Beach County. 4. Agenda Approval. Mayor Alperin announced that Item 9.C., Appeal of Site Plan Review and Appearance Board Action/Delray Lincoln Mercury Master Sign Program, had been withdrawn from the agenda at the request of the applicant. Mayor Alperin moved Items 8.B., 8.C., 8.D., and 8.E. of the Consent Agenda to the beginning of the Regular Agenda, and suggested that Item 9.M., Resolution No. 42-96 Urging Governor Chiles to Veto HB 557, be moved before Item 9.K. on the Regular Agenda. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes= Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of May 7, 1996, and the Special Meeting of May 14, 1996, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: None 7. Presentations: 7.A. Resolution No. 40-96 recognizing and commending Robert Garland for 40 years of service to the City of Delray Beach The City Manager presented Resolution No. 40-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT GARLAND FOR FORTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 40-96 is on file in the offi- cial Resolution Book) Mr. Randolph moved to approve Resolution No. 40-96, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin read and presented a proclamation recog- nizing and commending Robert Garland for forty years of dedicated service to the City of Delray Beach. Mr. Garland came forward to accept the proclamation. Mayor Alperin also presented Mr. Garland with a plaque in recognition and appreciation of his many years of service. 7.B. Palm Beach County Sports Commission reqardinq the arena project for Palm Beach County. Ms. Deb Forsten, Director of Marketing and Operations for the Palm Beach County Sports Commission (PBCSC), presented an overview of the Sports Commission's efforts in investigating the possibility of replacing the West Palm Beach auditorium with a new sports and entertainment arena. The auditorium was built in 1967 with 5,000 seats for a population at that time in the County of a little over 300,000. Now, the population is at almost one million. Over the years, the auditorium has hosted many and varied events for the enjoyment of the County's residents. At this point, however, the City of West Palm Beach has made a decision to demolish the auditorium and attempt to sell the property with an eye toward downtown development. So the chal- lenge is to come up with a replacement facility. A feasibility study was prepared by a private, independent consultant and presented to the Board of County Commissioners. The BOCC accept- ed the study's recommendation to move forward with the arena -2- 05/21/96 project and gave the go-ahead to the Sports Commission to move on to the second phase which involves developing recommendations on location, funding and other particulars. An Arena Task Force has been put together for this purpose. Mr. Paul Felsberg, member of the Arena Task Force, briefly discussed potential funding opportunities which are being considered for the new facility. Palm Beach County needs a new arena to accommodate the type of events the Sports Commission and others would like to bring in that will have the desired impact on the bed tax. Seating capacity needs to be around 12,000 to 15,000. As to location, the feasibility study recommended plac- ing the facility centrally in the county, somewhere between Boynton Beach and 45th Street in West Palm Beach, to make it as accessible countywide as possible. Access from the major road- ways (I-95, the turnpike) also needs to be taken into considera- tion. 7.C. Kathleen Dale¥ 1996 Legislative Session Kathleen Daley, lobbyist for the City of Delray Beach, presented the Commission with an update on the 1996 Legislative Session. Of particular note were the following: the Florida Inland Navigation District bill which removed F.I.N.D. from the original Special Act and had it codified into Chapter 374 of the Florida Statutes. It also added some language regarding beach renourishment and inlet management. While the language does not mandate anything, it sends a very strong message that it is the Legislative intent to have F.I.N.D. participate in funding coast- al programs. Also, the sovereign immunity bill was stopped even though the trial attorneys were pushing very hard. They are trying to come up with some type of compromise between this year and next year, so we will have to continue to oppose it. The Criminal Penalty/Welfare/Child bill and Vehicular Hit and Run were passed, with effective dates of October 1, 1996, and July 1, 1996, respectively. The Lottery Accountability Act of 1996 did not pass. Ms. Daley continued that one of the most important bills that did pass is the Local Government Study Commission. She felt this presents a good opportunity for a statewide board to come in and look at the way local government operates and hopefully come out with some quality legislation. Ms. Daley stated she would very much like to have a member of Delray Beach's Commission sit on the study commission, and asked if anyone was interested so that she could pass the interest on to the Governor's office for consideration. At the Commission's request, Ms. Daley stated she would provide additional informa- tion and would like to send something to Governor Chiles as soon as possible. As for partial year assessments, there was an amendment put into the "presumption of correctness" bill to provide that the Office of Program Policy Analysis and Governmental Account- -3- 05/21/96 ability will study the effects of imposing ad valorem tax on a partial year basis. On funding, Ms. Daley reported Old School Square got its funding in the amount of $395,444; Historic Preservation Board in the amount of $90,111. The Alzheimers Program money, $600,000 which was put in the budget for Palm Beach County, was taken away in the final hours; it is rumored that it went to St. Petersburg. Any bills relating to water reuse or water policy were not successful. At the very end of the session, a bill was introduced to create a water study commission instead of doing anything specific with water reuse. Ms. Daley felt the study commission would likely be created next year. Ms. Daley concluded by stating that many bills were passed the last few days of the session called "trains" which have alot of amendments attached to them. As soon as the commit- tee staffs conclude their analyses of what all was really in- volved, she will provide a copy of this analysis to the Commis- sion and staff. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 41-96: Approve a resolution requesting the Florida Legislature undertake an unbiased and comprehensive study of the total life cycle costs of overhead versus under- ground electric utilities. The caption of Resolution No. 41-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE UNDERTAKE AN UNBIASED AND COMPREHENSIVE STUDY OF THE TOTAL LIFE CYCLE COSTS OF OVERHEAD VERSUS UNDERGROUND ELECTRIC UTILITIES; REQUESTING THAT THE COSTS ASSOCI- ATED WITH THE TRANSITION FROM OVERHEAD TO UNDERGROUND ELECTRIC UTILITIES IN A FAIR AND EQUITABLE MANNER TO ALL BENEFITTED PARTIES BE CONSIDERED; FORWARDING A COPY OF SAID RESOLU- TION TO THE PALM BEACH COUNTY BOARD OF COM- MISSIONERS, THE FLORIDA LEAGUE OF CITIES AND THE UNDERGROUNDERS, INC.; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 41-96 is on file in the offi- cial Resolution Book) 8.B. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. S.C. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. -4- 05/21/96 8.D. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. 8.E. THIS ITEM WAS MOVED TO THE REGULAR AGENDA. 8.F. AGREEMENT AND GENERAL RELEASE WITH COMMUNITY REDEVELOP- MENT AGENCY: Approve an Agreement and General Release between the City and the Community Redevelopment Agency, as Owner, for the use of property at 18 S.W. 1st Avenue for fire rescue train- ing exercises. 8.G. AGREEMENT AND GENERAL RELEASE WITH DELRAY/NEW WAVE, A GENERAL PARTNERSHIP: Approve an Agreement and General Release between the City and Delray/New Wave, a General Partnership, as Owner, for the use of property at 107 N.W. 1st Avenue for fire rescue training exercises. 8.H. GRANT OF EASEMENT TO BELLSOUTH TELECOMMUNICATIONS, INC.: Approve granting a 20 foot by 15 foot easement to Bell- South Telecommunications, Inc. for the placement of equipment in the southwest corner of Barwick Park. 8.I. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $13,405.46 for an eligible applicant under the Delray Beach Renaissance Program ($10,054.46 from HOME Account #118-1923-554-83.01 and $3,351.00 from SHIP Account 9118-1924-554-83.01. 8.J. CHANGE ORDER ~2 AND FINAL PAYMENT/RPM GENERAL CONTRAC- TORS, INC. Approve Change Order #2 in the amount of $4,368.43 and final payment in the amount of $14,836.94 for Fire Station %4 from 228-2311-522-61.59, and final payment in the amount of $14,860.57 for Fire Station %3 from 228-2311-522-61.60, to RPM General Contractors, Inc. 8.K. CONTRACT AMENDMENT ~3/FLORIDA ENERGY EFFICIENT WATER PROGRAM: Approve Contract Amendment #3 to the City's contract with the Tri-County Community Council in conjunction with the Florida Energy Efficient Water Program (FEEWP) to extend the contract expiration date to June 30, 1996. 8.L. AMENDMENT #002/CHILDREN'S SUBSTANCE ABUSE PREVENTION GRANT: Approve and authorize execution of Amendment #002 to the Substance Abuse Prevention Grant contract funded through the Florida Department of Health and Rehabilitative Services {HRS) on behalf of MAD DADS' Excel Focus Five program at Pine Grove Ele- mentary. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period May 6 through May 17, 1996. 8.N. AWARD OF BIDS AND CONTRACTS: -5- 05/21/96 1. Bid award to Regal Contractors for the Pine Grove Elementary School Playground/Park project, in the amount of $84,863 from 334-6111-519-62.15. Mr. Ellingsworth moved to approve the Consent Agenda as amended, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. The following items were moved from the consent agenda: 8.B. AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES/LAND DESIGN SOUTH: Approve an Agreement for Landscape Architectural Services between the City and Land Design South for the 1-95 sound barrier walls landscape design. 8.C. AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES/COTLEUR HEARING, INC.: Approve an Agreement for Landscape Architectural Services between the City and Cotleur Hearing, Inc. for services related to the Lake Ida Road beautification project. 8.D. SERVICE AUTHORIZATION #I/COTLEUR HEARING, INC. (LAKE IDA ROAD BEAUTIFICATION): Consider Service Authorization #1 in the amount of $20,632.25 to Cotleur Hearing, Inc. for landscape architectural services in connection with the Lake Ida Road (Congress Avenue to Swinton Avenue) beautification project, with funding from 334-4144-572-63.31. 8.E. SERVICE AUTHORIZATION %2/COTLEUR HEARING, INC. (I-95 OVERPASS ON LAKE IDA ROAD): Consider Service Authorization #2 in the amount of $5,694.36 to Cotleur Hearing, Inc. for landscape architectural design services related to beautification of the 1-95 overpass on Lake Ida Road, with funding from 334-4144-572-63.31 Mayor Alperin stated he had moved these items to the regular agenda as a courtesy to State Representative William F. Andrews, a former Delray Beach City Commissioner. He introduced Representative Andrews for his comments. With respect to the landscape architectural contract approvals on tonight's agenda, Mr. Andrews commented that neither of the firms recommended for the work is a local vendor. He felt there are competent landscape firms in Delray Beach which could have been considered and he did not understand why it was neces- sary to be going outside the City for these contracts. In response to Mr. Andrews, Mayor Alperin stated he felt comfortable with the selection of the landscape firms after -6- 05/21/96 reading the staff reports. The City has had experience with these firms and has been pleased with their work. On question from Commissioner Egan, the City Attorney stated that the Consultants Competitive Negotiation Act (CCNA) is what governs the ranking and selection process. If being a local firm or vendor is one of the qualifications the Commission would like to see considered, she would have to look further into the matter. The City Manager commented that he believes the location of the office is a factor which may be considered under the law. Mr. Randolph stated that he would take Mr. Andrews' comments under advisement for the future if there are local companies which are just as well qualified and meet our price range. At this point, Mr. Randolph stated he feels strongly that the residential side of the 1-95 sound wall must also be addressed in terms of landscaping and aesthetics. It is one thing to do the landscape improvements on the 1-95 side, but it is equally important to take into consideration the people living on the other side. Mr. Randolph then moved to approve Item 8.B., Agreement for Landscape Architectural Services between the City and Land Design South for the 1-95 Sound Barrier Wall landscape design, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Ms. Kiselewski moved to approve Item 8.C., Agreement for Landscape Architectural Services between the City and Cotleur Hearing, Inc. for services related to the Lake Ida Road beautifi- cation project, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Ellingsworth moved to approve Item 8.D., Service Authorization ~1 to Cotleur Hearing, Inc. for landscape architec- tural services in connection with the Lake Ida Road (Congress Avenue to Swinton Avenue) beautification project, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve Item 8.E., Service Au- thorization #2 to Cotleur Hearing, Inc. for landscape architec- tural design services related to beautification of the 1-95 overpass on Lake Ida Road, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. 05/21/96 Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. After the vote, the City Manager explained that the reason the two service authorizations to Cotleur Hearing, Inc. are split into two items is because Item 8.D. is being submitted for matching funds from Beautiful Palm Beaches and Item 8.E. is being submitted for matching funds from F.D.O.T. 9.A. AMENDMENT TO MANAGEMENT AGREEMENT/DUBIN & ASSOCIATES: Consider amending the management agreement with Dubin & Associ- ates to add the Tennis Center. Mr. Brahm Dubin presented a brief outline of his man- agement plans for the tennis center. He felt the most important aspect will be to achieve the right balance, with the facility operating first and foremost as a tennis facility. His intent is to aggressively pursue the U.S.T.A. and was optimistic about winning that bid. Special events, including concerts, will come after that, but probably no more than 5 to 8 per year. Mr. Dubin stated that Paul Felsberg will be the General Manager and will use his expertise to help with the special events and try to maximize profits for the City. Drew Evert will be the new Tennis Director. On question from Mr. Egan, the City Manager stated that Dubin & Associates would become the City's primary contact with the different parties with whom we have contracts in place in- stead of City staff. Dubin & Associates will perform that func- tion. Mr. Ellingsworth moved to approve the Amendment to Management Agreement with Dubin & Associates to add the tennis center, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mr. Ellingsworth commented that in a meeting the other day, Mr. Dubin was emphatic about the fact that the local tennis players as with the local golfers will receive priority. Mr. Ellingsworth feels this is important to everyone. 9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD AC- TION/NANMYER 4-PLEX: Consider an appeal of the Site Plan Review and Appearance Board's action on April 24, 1996, denying the request for site plan approval for the Nanmyer 4-Plex Townhouse Development. The subject property is located at the northeast corner of N.E. 14th Street and N.E. 3rd Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney stated that this item will be con- ducted as a quasi-judicial proceeding. -8- 05/21/96 The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered the project file into the record. She stated the appeal involves a denial by the Site Plan Review and Appearance Board of a site plan applica- tion for the construction of a four unit residential structure for property located at the northeast corner of N.E. 14th Street and N.E. 3rd Avenue. The project is proposed to consist of one structure with four fee simple townhouse units. There is a ten space parking lot to be located on the east side adjacent to the railroad. The units would each have three bedrooms and contain 1,150 sqoft, each, which is the minimum required by code for the RM zoning district. The project meets all applicable development standards except for the landscape strip along the eastern prop- erty line adjacent to the railroad right-of-way. A reduction of one foot was requested for the width of that strip, from five feet to four feet. Planning and Zoning staff had recommended approval of the landscape waiver and the site plan. The site plan was first considered by the Site Plan Review and Appearance Board on April 10, 1996. Four residents of the Seacrest area spoke in opposition, stating that they felt the development was too intense for the site and was not harmonious with the neighborhood. At that meeting, SPRAB tabled the item and gave the applicant direction to meet with the neighbors to see if some kind of compromise could be reached. Apparently they did meet, but could not come to any agreement. The same plan was presented to SPRAB on April 24, 1996. Again, area residents spoke against the proposal and stated that their understanding was that the densities were supposed to be reduced in this area and this development would not be consistent with that direction. The property is zoned RM (Medium Density Residential) which allows a base density of six units per acre, with a range of up to 12 units per acre. The regulations state that the base density can be exceeded based upon a determination by the approv- ing board that the resulting development is harmonious with adjacent properties and does not adversely affect areas of envi- ronmental significance or sensitivity. At the April 24th SPRAB meeting, there were four members of the seven member board vot- ing. The Board felt the project was not harmonious with the adjacent properties based on the proposed density of 9.3 units per acre. In addition, there were concerns that all the units contained three bedrooms with the minimum square footage allowed by code (1,150 square feet), and that a potential existed for 16 people to occupy a parcel of land containing less than half an acre. The Board voted 3 to 1 to deny the site plan, based on a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(F) (5) (Compatibility), and Section 4.3.3(0) (Townhouse Regulations) of the Land Development Regulations and policies of the Comprehensive Plan. -9- 05/21/96 At this point, Ms. Dominguez reviewed a map of the existing land uses and corresponding densities within a 1,000 foot radius of the subject property. The Nanmyer property devel- opment proposal equates to 9.3 units per acre. Ms. Dominguez continued that the Planning and Zoning Department is going to be doing a neighborhood plan for this area, part of which will be an evaluation of existing zoning and there may be recommended chang- es. The owner does have the option of subdividing the lot into two parcels; it would meet the minimum dimensions for two lots with a duplex on each under the RM zoning classification. She noted that under this scenario there is no control over the architectural style or character. It would go straight to the Building Department for permits. The following individuals spoke in support of the appeal: Myer T. Berkowitz, owner/applicant, stated the site in question is on the northeast corner of N.E. 14th Street and N.E. 3rd Avenue which directly abuts the railroad tracks. He felt that the proposed 4-plex would be a smooth transition between the vacant commercial lots on the east side of the railroad tracks and the multi-family housing which currently exists along N.E. 3rd Avenue across from the single family homes. Mr. Berkowitz stated his intent is not to use the property for rental units, but as fee simple sales units with a small homeowners associa- tion. Richard Sheremeta, Project Engineer, presented the site plan and building elevations to the Commission. He felt the Commission should consider the fact that the RM zoning district is supposed to act as a transition between commercial and other high intensity uses and less intense uses such as single family homes. The subject property is zoned RM and he felt that the proposed 4-unit project does act as a transition which is sound planning practice. Mr. Sheremeta noted that Planning and Zoning staff recommended approval of the project, calling it a "good transition" as well as "compatible and harmonious" The following individuals spoke in opposition to the appeal: Steve Butera, President of the Seacrest Neighborhood Association, stated that the association members are not support- ive of the proposed project. The Seacrest neighborhood is an older area consisting of many long time residents who take pride in their homes and work hard to keep them up. He did not feel the fourplex would be compatible with the single family character which the residents would like to see fostered and encouraged the Commission to vote against the appeal. Deborah Dowd, 7 N.E. 16th Court, stated that the Seacrest Property Homeowners Association would eventually like to see the character of the neighborhood changed to single family residential. However, as it stands right now, the applicant could come back and build duplexes but that would be 2,000 square feet versus the 4,600 square foot units that are now proposed. Secondly, Ms. Dowd pointed out that in the radius map the number of single family homes is 108 versus 36 multi-family units. The Seacrest property owners do not see a 4-unit townhouse project as being harmonious with adjacent properties. Richard McGloin, Seacrest Property Homeowners Associa- tion, lives in the area that will be impacted by this development and wrote a letter (which was read into the record) outlining the efforts which have been made by the neighborhood association to help prevent further decline along N.E. 3rd Avenue as well as to assist in the development of a neighborhood plan. The Neighbor- hood Association is not asking for restrictions against the developer, but is asking that he be held to the base density of six units per acre. The Association feels that density is too high and is working to lower it, but that is what is allowed by current code. Fred Ebner, 710 Bond Way, stated that in view of the condition of the housing stock along the F.E.C. railroad corri- dor, he does not believe that another multi-family project is going to help the neighborhood. He felt the project would be a further detriment to the area and not in keeping with the City's stated intent of trying to stabilize the neighborhood. At this point, Mr. Sheremeta gave his closing statement and emphasized that at its March 28, 1996 meeting, the CRA voted unanimously in support of this project. Lastly, he reiterated that the City's professional planning staff had found that the proposed project was compatible and harmonious with the neighbor- hood. Discussion by the Commission ensued. Mr. Egan noted that the Planning Director had indicated that her department was going to be looking at this area for development of a neighborhood plan, and part of that neighborhood plan would include looking at existing densities. On question from Mayor Alperin on why a neighborhood plan is being looked at, Ms. Dominguez stated this area is iden- tified in the Comprehensive Plan for revitalization or stabiliza- tion. She anticipated that it would be at least July before the Planning Department could begin on this project. Mr. Egan continued that he would not want to see the Commission approve the proposed project and then find out down the road that the neighborhood plan calls for rezoning the area to lower densities. He felt that the Seacrest Neighborhood Association has been very active in the City's efforts to bring about some positive changes and stabilize the neighborhood, and -11- 05/21/96 he would have a difficult time going against the Site Plan Review and Appearance Board's decision. Ms. Kiselewski stated that while she appreciates Com- missioner Egan's comments about the efforts of the Neighborhood Association, two duplexes could be put on the property right now which is the same density as the four-plex. With the 4-plex there can be more control in terms of landscaping and design, and she would be in favor of the project. Mayor Alperin felt the issue was whether the project would be harmonious with the neighborhood. This is a neighbor- hood which has been identified as one which needs improvement. In his view, the biggest problem in the area is the multi-family development so he could not support adding more to it. Mr. Ellingsworth moved to uphold the action of the Site Plan Review and Appearance Board to deny the site plan for Nanmyer based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(F) (5) (Findings of Compatibility), and Section 4.3.3(0) (Townhouse Regulations) of the Land Development Regulations and policies of the Comprehensive Plan, in that the proposed project density is not harmonious and compatible with the neighborhood. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - No; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.C. THIS ITEM WAS WITHDRAWN FROM THE AGENDA. At this point, the time being 7:25 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 18-96: An ordinance amending LDR Section 4.4.28, "Central Business District - Railroad Corridor" Subsec- tion 4.4.28(D), "Conditional Uses and Structures Allowed", to further restrict the location of automobile repair and detailing uses. 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. 18-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO FURTHER -12- 05/21/96 RESTRICT THE LOCATION OF AUTOMOBILE REPAIR AND AUTOMOBILE DETAILING USES WITHIN THE DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 18-96 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. Randolph moved to adopt Ordinance No. 18-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 19-96: An ordinance rezoning a 0.91 acre parcel of land from RM (Medium Density Residential) to CBD-RC (Central Business District - Railroad Corridor). The subject property is located at the southeast corner of S.E. 1st Avenue and unimproved S.E. 6th Street west of the FEC Railway. 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. 19-96: 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 CBD-RC (CENTRAL BUSINESS DISTRICT - RAILROAD CORRI- DOR); SAID LAND BEING LOT 5, PLAT OF ANDERSON BLOCK, AS MORE PARTICULARLY DESCRIBED HEREIN, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH STREET; 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. 19-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance and stated that the item would be conducted as a quasi-judicial hearing. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -13- 05/21/96 The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered the project file into the record. The subject property known as the Lee Property is an unplatted, vacant parcel of land. The Commission denied the request for rezoning at its meeting on February 20, 1996 based on the potential impact of auto repair and detailing uses on the adjacent residential properties. The Commission initiated a text amendment to the LDRs incorporating additional location restric- tions which would prohibit the establishment of auto repair and detailing uses on the subject property. That amendment was the preceding item on tonight's agenda which was passed and adopted. At its meeting of April 15, 1996, the Planning and Zoning Board reviewed this item and voted 5-0 to recommend ap- proval of the rezoning request based on positive findings with respect to Chapter 3 (Performance Standards) of the Land Develop- ment Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D) (5). Charles E. Lee, owner/applicant of the property, stated that the problem the Commission had with the auto repair aspect has been solved. He thanked the Commission for their assistance and consideration. There being no one else who wished to give testimony on this item, Mayor Alperin declared the public hearing closed. Mr. Ellingsworth moved to adopt Ordinance No. 19-96 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 20-96: An ordinance changing the Future Land Use Map (FLUM) designation from General Commercial to Com- merce (small scale amendment) and rezoning from POC (Planned Office Center) District to LI (Light Industrial) District for a 1.86 acre parcel of land. The subject property is located on the east side of Wallace Drive approximately 1,300 feet north of Linton Boulevard (formerly occupied by HRS) o Prior to considera- tion 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. 20-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM GENERAL COMMERCIAL TO COMMERCE, AND REZONING FROM POC -14- 05/21/96 (PLANNED OFFICE CENTER) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT, FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF WALLACE DRIVE, APPROXIMATELY 1,300 FEET NORTH OF LINTON BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED 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. 20-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance and stated that the item would be conducted as a quasi-judicial hearing. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered the project file into the record. She stated that the land use and zoning change is being processed to accommodate an optical equipment manufacturing company in the former HRS building. Tower Optical Corporation manufactures precision optical equipment for indus- try, research and medical use. They will be converting the office building to a combination of offices and fabrication/ assembly areas. In order to do that, they have requested light industrial zoning and the Commerce land use designation. In terms of compatibility with adjacent properties, the site is in a redevelopment area and the Comprehensive Plan language for this redevelopment area calls for primarily industrial uses with an emphasis on commerce-type uses. The existing building does have adequate buffers from the residential uses existing in the area. No negative impacts on adjacent properties are anticipated. This proposal is consistent with the City's policy regarding the Commerce land use designation where, in the Future Land Use Element, we state that this is the most needed land use for the remaining build-out of the City. The Planning and Zoning Board unanimously recommended approval. There being no one who wished to give testimony on this item, Mayor Alperin declared the public hearing closed. On question from Mr. Randolph, Ms. Dominguez stated the primary access will be from Wallace Drive. The site plan has yet to come through, but she did not think any access would be pro- posed off of S.W. 10th Avenue. -15- 05/21/96 Mr. Ellingsworth moved to adopt Ordinance No. 20-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 22-96: An ordinance amending LDR Section 4.6.16, "Landscape Regulations", regarding compliance with mini- mum landscape requirements for existing properties. 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. 22-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4.6, "SUPPLEMENTAL DISTRICT REGULA- TIONS'', SECTION 4.6.16, "LANDSCAPE REGULA- TIONS'' OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.6.16(B), "APPLICABILITY", TO PROVIDE FOR MINIMUM LANDSCAPE AND MAINTENANCE REQUIREMENTS; BY AMENDING SUBSECTION 4.6.16(C), "COMPLIANCE AND RELIEF", TO PROVIDE FOR THE REQUIREMENTS FOR A LANDSCAPE PLAN AND TO CREATE THE LAND- SCAPE COMPLIANCE REVIEW COMMITTEE; BY AMEND- ING SUBSECTION 4.6.16(H) (4), "EXISTING MULTI- PLE FAMILY, COMMERCIAL, AND INDUSTRIAL DEVEL- OPMENT'', TO PROVIDE THAT ALL EXISTING MULTI- FAMILY I/NITS AND COMMERCIAL AND INDUSTRIAL USES SHALL COMPLY WITH MINIMUM LANDSCAPE STANDARDS AND BY SPECIFICALLY INCLUDING DUPLEXES IN THIS SECTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 22-96 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. Randolph moved to adopt Ordinance No. 22-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote° 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately followinq Public Hearinqs. -16- 05/21/96 11. City Manaqer's response to prior public comments and inquiries. ll.A. In response to Mr. Charles Owen's inquiry about the placement of his recreational vehicle, the City Manager reported that staff met with him on May 16th. Mr. Owen advised that he will be out of town for about 2-1/2 months. During this time staff will look into the various procedures and possible alterna- tive solutions to assist Mr. Owen with his problem. In response to Jean Beer's inquiry regarding banners at automobile dealerships, the City Manager stated that there had been a question about the Chief Building Official's interpreta- tion of a flag and a banner. This has since been clarified internally and the City has determined that the items displayed at the Acura dealership are banners. Contact has been made with the manager at Acura and he has resisted coming into voluntary compliance with the code. Therefore, the City has cited the dealership. The manager of the Acura dealership has advised that he may litigate the matter. The City Manager continued that the delineators in the ground at the Mitsubishi and Suzuki dealerships were installed to protect the landscaping along Federal Highway. The Isuzu dealer- ship installed the same type delineators along Avenue "L" for the same reason. These delineators were removed by the dealerships after we checked with FDOT and were informed that FDOT would not allow the delineators along state road right-of-way. Regarding Charlotte Wright's complaint about having her water turned off, the City Manager reported that Ms. Wright lives at the service location with another individual, Mr. Spells, who has previously informed the City that if there are any problems, we are to contact him. Ail bills, reminder notices and door hangers have gone to the correct address as established by the Utility Billing master file. Since 1990, this account has re- ceived 17 delinquent notices, has had 20 late payments, and has been processed for cut-off 15 separate times. The latest status of this account is that Mr. Spells has paid the entire amount and it is paid in full and current. Again, Mr. Spells has asked that the City work with him rather than Ms. Wright. In regard to a comment at an earlier meeting that, among other things, Delray Beach is the only water system in Palm Beach County which fluoridates its water, the City Manager re- ported that the cities of West Palm Beach and Belle Glade also fluoridate and, in Broward County, about 90% of the cities there fluoridate their water. 11.B. From the Public. 11.B.1. George English, owner of the Paradise Club, stated that for the last four years the City has been trying to close the Paradise Club with a County nuisance ordinance designed to close -17- 0 /21/9 residential property. He stated no one has been arrested in his facility for selling drugs, nor are there any Police reports to indicate that anyone has ever been arrested. Further, he has been unable to get from the Police department the names of those people who are allegedly selling drugs in front of his business. Mr. English feels the Paradise Club is being blamed for every problem which occurs on West Atlantic Avenue. ll.B.2. Bill Andrews, 801 Palm Trail, State Representative, stated that the Governor will probably sign into law the Charter School bill. Mr. Andrews suggested that the City's Education Board may want to look into the concept of charter schools as well as schools in the municipal area which may lend themselves to such a concept. Mr. Andrews commented briefly on the previously men- tioned subject of banners at the Acura dealership on South Feder- al Highway. He was somewhat concerned to see the banners being displayed since he feels they are clearly signs and should be treated as such. He further cautioned against any lessening of standards which would detract from the efforts which had been made to improve the appearance of the dealerships on South Feder- al Highway. Thirdly, Mr. Andrews commented on an article in the May 20th issue of The Monday Paper, page 4, regarding the Golf Course Clubhouse expansion as a money maker. He expressed concern over the statement made by the City's Finance Director, "This will have no impact on the General Fund." Mr. Andrews was of the opinion that excess revenues from anything the City is doing would go into the General Fund. If the Golf Course had no debt service on it or if it was making more money than it needed, where would the money go? If it does go into the General Fund, then it is mixed with ad valorem taxes. So when the City comes up with a final budget and needs "X" number of dollars, whatever is coming out of the golf course does affect the General Fund. Mr. Andrews clarified that he is concerned with this statement as a policy issue and a thought process. ll.B.3. Joe K&marata, 764 Avocet Road, distributed pictures of various newsracks which he felt might be helpful to the Commis- sion in the deliberations on this matter. Secondly, Mr. Kamarata commented on the street flooding on Lindell Boulevard between Federal Highway and Dixie Highway. With the rainy season approaching, he asked that this problem be addressed as soon as possible. ll.B.4. Cheryl Barnard, owner of Barnard's Carpet Barn, ex- pressed her concern about the Economic Incentive Grant Agreement which the City recently entered into with ABC Carpet, and the impact she feels it will have on existing retail businesses in the area. She stated there has been a lack of communication with the retailers and there are many people who did not know anything -18- 05/21/96 about the deal. She feels the City is bringing in a decorating service center that will be in direct competition with local and downtown merchants as well as the carpet retailers and asked that the Commission reconsider the agreement. ll.B.5. Ernle Surles, owner of Delray Rug Company, stated that he feels bringing ABC Carpet into the city will hurt the smaller retailers and downtown merchants and asked that the Commission reconsider the agreement. ll.B.6. Richard DeSantis, H & H Carpets and Delray Furniture, stated he feels the City should look at the product that ABC Carpet is bringing to town and try to figure out where the $10-$12 million dollars in business that they are going to do at this store is going to come from. He is concerned with the impact this will have on the local retailers and asked the Com- mission to reconsider their decision. ll.B.7. Ed McCall, 3909 Maurice Drive, asked the City to recon- sider and get out of the agreement with ABC Carpet if it is at all possible. He questioned why ABC Carpet is being given fa- vored status as opposed to existing, vital businesses already in the community, and why occupational license fees are going to be used to directly subsidize competition. Mr. McCall stated he felt the intent of the City's economic incentive program should be to attract headquarter-type companies, high tech or manufac- turing firms; not competitive businesses which may well destroy existing businesses. Mr. Randolph questioned why the retailers speaking above had not expressed their feelings and opinions regarding ABC Carpet to the Commission at an earlier date? Cheryl Barnard, speaking on behalf of the retailers, stated they did not know about the negotiations between ABC Carpet and the City because, understandably, there were private discussions being held and not much publicity about it. However, once it became public that it had been done, Ms. Barnard felt the retailers have been quick to make their concerns known. At this point, the Commission returned to the Regular Agenda. 9.D. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION/ INSURE-WISE PROGRESSIVE FLAT WALL SIGN: Consider an appeal of the Site Plan Review and Appearance Board's action on April 10, 1996, denying a flat wall sign for InSure-Wise Progressive at 14530 South Military Trail (Delray Square II Shopping Center). QUASI-JUDICIAL PROCEEDING The City Attorney stated that the item would be con- ducted as a quasi-judicial proceeding. The City Clerk swore in those individuals wishing to give testimony on this item. -19- 05/21/96 Lula Butler, Director of Community Improvement, stated that the applicant submitted for an application to install a 33 square ft. (11' x 33") illuminated flat wall sign with the copy "insure-wise" to be red and "progressive" in blue copy. Staff informed the applicant that the board had adopted a blanket color of red for the shopping center. All new signs conforming to the blanket color could be approved administratively. Exceptions are considered by the Site Plan Review and Appearance Board. This item was considered by SPRAB on April 10, 1996. The applicant's position is that the color "blue" is part of the nationally registered logo for his business. The board felt that a waiver to the standardized color would set a precedent. The motion to approve the sign as proposed was denied by a vote of 4 to 2. Tom Lloyd Jones, applicant, stated that he felt his sign, which is the national logo, would be compatible with the rest of the signage in the center in which he is located, and that other businesses with national logos are located there and have signs reflecting the logo colors, such as Big Lots and Subway. His current sign is orange. He is willing to change it to red to make it conform to the blanket color, but would also want to include the blue color of the national logo as other businesses have done. Mr. Jones presented photographs of the signage at the center in support of his appeal. No one came forward to speak in support of or in oppo- sition to the appeal. Discussion by the Commission followed. Some disap- pointment was expressed that the Site Plan Review and Appearance Board had allowed for exceptions to the blanket color at certain sections of the shopping center. Once the blanket color had been established, it should have been adhered to unless there was a very good reason why it could not be done. Mr. Egan moved to deny the appeal of the Site Plan Review and Appearance Board's action to deny a flat wall sign for Insure-Wise Progressive, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - No. Said motion to deny passed with a 3 to 2 vote. 9.E. WATER SERVICE AGREEMENT IN LIEU OF ANNEXATION: Consid- er a request to execute a Water Service Agreement in lieu of annexation for a proposed single family residence located on Lot 3 of the Foxe Chase subdivision on the south side of Germantown Road in unincorporated Palm Beach County. The City Manager stated that this is a request to execute a water service agreement in lieu of annexation for Lot 3 of the Foxe Chase subdivision located on the south side of Germantown Road in unincorporated Palm Beach County. The lot backs up to Germantown Road and is contiguous to the City via the Oakmont subdivision which abuts the property immediately to the -20- 05/2 /96 east. Normally, since it is contiguous, the City would require annexation in order to receive water service. In this case, it would be preferable to bring all of Foxe Chase in at some point in the future.- That scenario may be facilitated by having prop- erties that are receiving water service remain outside the City so that they could vote in any referendum if it comes to that. Mr. Ellingsworth moved to approve the request to exe- cute a water service agreement in lieu of annexation for Lot 3 of the Foxe Chase subdivision, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Commissioner Randolph stepped down from the Commission for the following item. 9.F. REQUEST FOR RELEASE OF LIENS/TED CENTER, INC.: Consid- er a request from the TED Center, Inc. to release liens in the amount of $14,847.16 from properties located on S0W. 13th Avenue. Lula Butler, Director of Community Improvement, stated that this request is slightly different from other requests asking to waive liens because it is tied to the development of an affordable housing program. The Young Men's Progressive Club has contracted with the TED Center to develop an affordable townhouse development which will be financed and subsidized under the Delray Beach Renaissance program. The total project is estimated at $1,098,410, projecting a sales price of $84,493 per unit. The units are proposed to be two story, 3 bedroom, 2.5 bathrooms under 1,350 sq.ft. The development assumes that eligible homebuyers will qualify for first mortgages at $55,000-$60,000 with an average subsidy award of $17,000. The waiver of the total lien amount will assist in reducing the cost of each unit by $1,142. Staff recommends that Commission consider this re- quest, subject to site plan approval and the issuance of required building permits. After discussion, Mr. Egan moved to approve the request to release liens in the amount of $14,847.16 from properties located on S.W. 13th Avenue, with the caveat that the waiver will not become effective until building permits are obtained and, as a further condition of the waiver, it must be used for the pur- poses outlined in the letter from Lula Butler to David Harden dated May 17, 1996; seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph returned to the dais. 9.G. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. -21- 05/21/96 9.H. CONTRACT ADDITION/RIO LINDA CHEMICAL CO.: Consider a contract addition to the annual contract with Rio Linda Chemical Company (f.k.a. Vulcan Peroxidation Systems), to install a hydro- gen peroxide dosing point at Lift Station #34 located at Lindell Boulevard and Dotterel Road, in the amount of $11,680 from 441-5144-536-52.21. Mr. Egan moved to approve the contract addition to the annual contract with Rio Linda Chemical Company (f.k. a. Vulcan Peroxidation Systems), in the amount of $11,680, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.I. PALM ACTS CONTRACT: Determination of the status of the Palm Acts contract, including consideration of the Charisma contract with Palm Acts. The City Attorney stated that her office had reviewed the Palm Acts agreement and analyzed the contract requirements to determine if certain contract requirements had been met, with the focus on whether the requirements had been met in relation to the number of events required and whether there had been an assign- ment and/or sublicense without City Commission approval. The analysis has been provided to the Commission for consideration. Lengthy discussion ensued. The City Manager clarified that the Commission needed to deal with the following two issues: (1) Has Palm Acts met the minimum requirement in their contract in putting on four events? If the Commission concludes that Palm Acts has met that requirement, then that issue is done with. If the Commission concludes that Palm Acts has not met the require- ment, then Palm Acts should be put on notice of that. (2) The second issue is the contract with Charisma. Based on what the City Attorney has reported, the City Manager's recommendation was to notify Palm Acts that the contract with Charisma violates the non-assignment clause and that Palm Acts needs to correct that. As part of the correction process, Palm Acts could ask the Com- mission to approve their contract with Charisma. If they were to do that, then City staff would request more information about the principals involved with Charisma. On further discussion, it was the consensus of the Commission that the City's contract with Palm Acts had been breached by virtue of the sublicense to Charisma. Mr. Egan moved to accept the Commission's finding that the contract between the City and Palm Acts had been breached in that the non-assignment clause was violated by virtue of the sublicense to Charisma, with direction to the City Attorney to provide notice pursuant to the contract terms of a default; seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. -22- 05/21/96 Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. As to the second issue of whether or not Palm Acts had met the contractual requirement with respect to the number of events, it was the consensus of the Commission to take no action in this regard. Mayor Alperin commented that while the letter of the contract may have been met, the intent of the agreement had not and that has been very disappointing. 9.J. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board to fill an unexpired term ending July 1, 1996. Commissioner Kiselewski's appointment. Ms. Kiselewski moved to appoint Bill O'Neill as a regular member to the Civil Service Board to fill an unexpired term ending July 1, 1996, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.M. RESOLUTION NO. 42-96 URGING GOVERNOR C~ILES TO VETO HB 557: Consider a request from the Florida League of Cities to adopt a resolution urging Governor Chiles to veto HB 557 known as the "Property Appraiser's Presumption of Correctness" bill. Mr. Ellingsworth moved to adopt Resolution No. 42-96, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.K. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: V. & J. Cook, Ritfeld, Williams, Lucas and Mitch- ell v. the City of Delray Beach. Attendees: Mayor Jay Alperin Commissioner Karen Kiselewski Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph David T. Harden, City Manager Susan A. Ruby, City Attorney Leonard Carson, Esquire Lucille Turner, Esquire Purpose: Discuss settlement negotiations and strategy related to litigation expenditures. Mayor Alperin stated the following: "The City has scheduled a closed attorney-client ses- sion pursuant to Florida Statutes Section 286.011(8) in the case -23- 05/21/96 of Verna and James Cook, Roel Ritfield, Ivery Williams, Julius Mitchell, and Michael Lucas, versus the City. The estimated length of the closed session shall be 30 minutes. The following persons will be attending: myself, Mayor Jay Alperin; Commis- sioners Ken Ellingsworth, David Randolph, Karen Kiselewski, and Kevin Egan; City Manager David Harden; City Attorney Susan Ruby; and lawyer for the City, Leonard Carson and a certified court reporter." At this point, the time being 9:10 p.m., the Commission adjourned for the closed attorney/client session pursuant to F.S. 286.011(8) . At the end of the closed attorney/client session, the time being 9:40 p.m., the Commission reconvened and continued with Item 9.L. 9.L. CONSIDERATION OF APPEAL/V. & J. COOK, RITFELD, WIL- LIAMS, LUCAS AND MITCHELL V. CITY OF DELRAY BEACH: Consider filing an appeal in the referenced matter. Mr. Egan moved to file the appeal as based on the discussions in the closed attorney/client sessions, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as fol- lows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 1 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer With respect to the ABC Carpet contract, the City Manager reported that the first newspaper article which appeared on this matter was on March 20, 1996, in The Palm Beach Post, headline "ABC Carpet and Home Furnishings to open store in Delray". In the middle of the article it states: "Delray Beach Mayor Tom Lynch is negotiating incentives to help ABC make the move but will not comment on details. Assistance will be modeled on state enterprise zone incentives." There was also an article in the March 21, 1996 issue of The Delray Times headlined "Carpet Company moving into old Kraft building", but it did not mention any kind of incentive package. The last article was published on April 3, 1996 in The Palm Beach Post and was headlined "Delray weighs $200,000 plan to lure Retailer". It reported, "Officials are working on a plan that would pay ABC Carpet and Home Furnish- ings for the jobs it would add". This article was published one week before the contract was approved by the Commission, and goes into considerable detail about the terms of the contract and how the incentives were structured. The City Manager stated it is unfortunate that some individuals failed to pick up on this; however, he feels the issue regarding ABC Carpet was adequately publicized. He further stated that the matter will be discussed -24- 05/21/96 at the Chamber Board meeting on Wednesday, May 22nd, and he will have copies of these news articles available. Although they were not aware of the details of the agreement, Mr. Egan reported that the Chamber of Commerce and the Council of 100 were both fully aware that the City was working with ABC Carpet for over a year to bring them to Delray Beach. In regard to the upcoming 4th of July holiday, the City Manager stated that last year since the 4th of July fell on a Tuesday, the City did not open City Hall to the public on Monday, July 3rd. Employees were encouraged to take vacation and those who did not have vacation time or did not want to take it were allowed to come in to work. Since the 4th of July falls on a Thursday this year, the City Manager asked the Commission to consider doing the same this year by closing City Hall to the public on July 5th (Friday) and giving employees the option of either working or taking vacation time. The Commission con- curred. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Mr. Ellingsworth In reference to the letter that was written some time ago regarding the City's commitment to a funding contribution in support of the convention center if it were to be located in Boca Raton, Mr. Ellingsworth inquired if it would be wise for the City to write another letter, indicating the City is withdrawing support since the County is no longer interested in going ahead with the convention center at that site. The City Manager stated he would review the letter for a determination. 13.C.2. Mr. Egan Mr. Egan had no comments or inquiries. 13.C.3. Mr. Randolph Mr. Randolph expressed his dismay about a letter dated May 1, 1996 from the Delray Beach Historical Society to the EPOCH Committee, in care of Mrs. Vera Farrington. At Commission's direction, the EPOCH Committee was to contact the Delray Beach Historical Society for the purpose of discussing the inclusion of the Spady House, among other sites, as a vital historic area. Mr. Randolph stated he is incensed with the response received from Mr. Cullen. He does not agree with what he perceives as -25- 05/21/96 written innuendo contained in the letter and asked the City Manager to speak with Mr. Cullen. Mr. Randolph inquired as to the current status of the fees for the Pompey Park pool. He stated that before Mayor Lynch left the Commission, he asked about the possibility of eliminat- ing the fees. Mr. Randolph feels something needs to be done soon since the summer months are approaching. In response, the City Manager noted that a response had been made to former Mayor Lynch's inquiry and the Commission had agreed to let the fees remain, although the opportunity would be provided for young people to earn credits through work programs toward use of the pool. Mr. Randolph responded that these provi- sions apparently are not working, so perhaps Commission needs to take another look at this issue, possibly at workshop. Lastly, Mr. Randolph stated he feels the press did an adequate job of publicizing the situation with ABC Carpet. However, in the future, perhaps the City should think on a broad- er scale in terms of who is going to be affected and obtaining their input. 13.C.4. Ms. Kiselewski Regarding the invitation to the June 5th Economic Development Meeting with the Municipal League, Ms. Kiselewski stated that she will try to attend this meeting. 13.C.5. Mayor Alperin Mayor Alperin had no comments or inquiries. There being no further business, Mayor Alperin declared the meeting adjourned at 10:00 P.M. cit~ C~rk ATTEST: 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 the City Commission on May 21, 1996, which minutes were formally approved and adopted by the City Commission ~ City C~rk ' -26- 05/21/96 NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -27- 05/21/96