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06-04-96 JUNE 4, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, June 4, 1996. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Karen Kiselewski Mayor Jay Alperin Absent - None Also present were City Manager David T. Harden (arrived 6:30 p.m.), Assistant City Manager Robert A. Barcinski, and City Attorney Susan A. Ruby. 2. The invocation was given by Reverend Kenneth D. Green, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 9.N., SETTLE- MENT/MITCHELL v. CITY, V. COOK v. CITY AND J. COOK v. CITY, to the Regular Agenda. The City Attorney requested that Item 8.B., LEASE AGREEMENT/BOYS AND GIRLS CLUBS OF PALM BEACH COUNTY, .INC., be moved to Item 9.A.A. on the Regular Agenda. Mr. Randolph moved to approve the Agenda as amended, seconded by Mr. Ellingsworth. 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: None .6. Proclamations: 6.A. Recognizing and commending the Trinity Lutheran Tigers Girls Fast Pitch Softball Team for their undefeated 1996 season. Mayor Alperin read a proclamation recognizing and commending the Trinity Lutheran Tigers Girls Fast Pitch Softball Team for their undefeated 1996 season. 7. Presentations: ?.A. Steven Reiskin~, Macrnum Publishlnq Inc. - "Delray Student and Parent" monthly ma~azine. Mr. Reiskind informed the Commission about a new publi- cation called "Delray Student and Parent" magazine. The publica- tion plans to spotlight the good and positive things that are happening in the public schools. It will also highlight the issues that the City has been concerned about, including the magnet programs, the physical plants, and making sure that Delray gets its fair share of County resources. Mr. Reiskind stated that he hoped the magazine would serve as a catalyst for the community to take action on these issues. A detailed presenta- tion has been made to the Education Board and the intent is to work closely with that board as well as the Commission in publi- cizing the City's concerns. Mr. Reiskind concluded by advising that "Delray Student and Parent" is a free publication which will be distributed in the schools and other areas of the City where students and their parents might be interested in reading it, such as the library, community center, and the like. Advertising and sponsorship opportunities will be available. He noted that many businesses in the community have already expressed an interest in supporting this endeavor. 8. CONSENT AGENDA: 8.A. PALM BEACH COUNTY PRIVATE INDUSTRY COUNCIL'S "POSITIVE CONNECTIONS" SUMMER PROGRAM: Approve the Palm Beach County Private Industry Council's "Positive Connections" summer job program. 8.B. THIS ITEM WAS MOVED TO THE REGULAR AGENDA (ITEM 9.A.A.) 8.C. AGREEMENT FOR WATERMAIN CONSTRUCTION/SEA AIRE ESTATES, INC.: Approve an agreement with Sea Aire Estates, Inc. authoriz- ing the City to apply for a DOT work permit for watermain con- struction within the right-of-way of State Road A-1-A south of Linton Blvd. 8,D. RIGTfr OF ENTRY EASEMENT AGREEMENT AND ACCEPTANCE OF EASEMENT DEED/CAMERON H. COBB: Approve a Right of Entry Easement Agreement and accept an easement deed from Cameron H. Cobb for a 10 foot utility easement to permit the installation and mainte- nance of the Brandon Drive water main system. 8.E. THIS ITEM WAS REMOVED FROM THE AGENDA. -2- 6/04/96 8.F. CHANGE ORDER ~2 AND FINAL PAYMENT/GIANNETTI CONTRACTING CORPORATION: Approve Change Order %2 in the net deduct amount of $3,306.52 and request for final payment in the amount of $47,135.77 to Giannetti Contracting Corporation for completion of the Gulfstream Enclave project (provision of water and sewer for Lake Heights and Gulfstream Estates Phase II), with funding from %442-5178-536-61.78. 8.G. CHANGE ORDER ~5 AND FINAL PAYMENT/HARDRIVES OF DELRAY, INC.: Approve Change Order %5 in the net deduct amount of $22,926.09 and request for final payment in the amount of $43,649.80 to Hardrives of Delray, Inc. for completion of the S.W. 10th Street Phase II and S.W. 10th Avenue road reconstruc- tion project, with funding from %228-3162-541-61.90. 8.H. RESOLUTION NOS. 45-96 & 46-96/ACQUISITION OF PROPERTIES UNDER HOPE 3 HOUSING PROGRAM: Approve Resolution No. 45-96 authorizing the acquisition of property at 239 N.E. 9th Street and Resolution No. 46-96 authorizing the acquisition of property at 515 S.W. 5th Avenue to provide housing opportunities under the HOPE 3 Program. The captions of Resolution Nos. 45-96 and 46-96 are as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE SALES CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PUR- CHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA, IN PARTNERSHIP WITH THE PALM BEACH COUNTY HOUSING PARTNERSHIP, INC. (Copy of Resolution Nos. 45-96 and 46-96 are on file in the official Resolution Book) RESOLUTION NO. 43-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 24 S.W. llth Avenue. The caption of Resolution No. 43-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS LEVYING THE COST OF -3 - 6/04/96 SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 43-96 is on file in the offi- cial Resolution Book) 8.J. RESOLUTION NO. 44-96: Adopt a resolution assessing costs for abatement action required to demolish an unsafe build- ing at 40 S.W. 13th Avenue. The caption of Resolution No. 44-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS 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 RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 44-96 is on file in the offi- cial Resolution Book) 8.K. OFFER OF JUD~MENT/DELRAY EXECUTIVE MALL V. CITY: Reject an Offer of Judgment in the referenced case as recommended by the City Attorney. 8.L. AUTHORIZATION TO APPEAL/KIRK COOK V. RICHARD BROCHU: Authorize the filing of an appeal in the referenced matter as recommended by the City Attorney. 8,M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board during the period May 20 through May 31, 1996. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Rinker Materials Corporation for Ready-Mix Concrete, in the estimated annual cost of $25,737.50 from 001-3113-541-53.90 and various Capital Projects Accounts. -4- 6/04/96 2. Bid award to Sal's Sport Shop for the purchase of T-Shirts and backpacks for the summer camp pro- gram, in the amount of $10,688.94 from 001-4106-572-52.22 and 115-0000-248- 15.00. 3. Bid award for pipe fittings and accessories to various vendors at an estimated annual cost of $91,534.64 from 441-5123-536-52.20 and 441-5141-536-52.20. Mr. Ellingsworth moved to approve the Consent Agenda, as amended, 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. 9. REGULAR AGENDA: 9.A.A. LEASE AGREEMENT/BOYS AND GIRLS CLUBS OF PALM BEACH COUNTY, INC. Approve a lease agreement between the City and the Boys and Girls Clubs of Palm Beach County, Inc. for lease of the Catherine Strong Recreational Center at 600 S.W. 15th Avenue and the land described as Lease Area 5. The City Attorney requested that approval of the lease agreement be made subject to the starting date being set by the City Manager so that he can resolve the Head Start issues. Mr. Egan moved to approve the lease agreement between the City and the Boys and Girls Clubs of Palm Beach County, Inc. for lease of the Catherine Strong Recreational Center, subject to the condition stated by the City Attorney; seconded by Mr. Ran- dolph. 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.A. CONDITIONAL USE REQUEST/TLC CHRISTIAN ACADEMY: Consid- er a request for conditional use approval to establish a child care facility known as the T.L.C. Christian Academy at 328 N.W. 2nd Avenue. The subject property is zoned R-1-A (Single Family Residential) and contains 0.46 acres. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered the project file into the record. She explained that the petition involves the conversion of a single family home to a day care center for a 5 6/04/96 maximum of 54 children. The property is located at the end of N.W. 2nd Avenue, adjacent to Cason Methodist Church. It involves three lots with the house on the middle lot. The proposed plan shows the lot to the north as the playground area, and the lot to the south will be developed for parking. This arrangement makes the most sense in terms of the surrounding neighborhood because the noisiest aspects of the use will be directed toward the vacant land to the north. Ms. Dominguez noted the plan includes a well-designed drop-off area, good walkway system and adequate parking. Staff feels that the use will not have a detrimental impact on the surrounding neighborhood. There will be some increased traffic in the mornings and late afternoons, but not to the extent that should cause any problems. The Planning and Zoning Board considered this item at its meeting of May 20, 1996 and recommended approval. Ms. Queen E. Owens, applicant, commented that the Planning and Zoning Board had reviewed the request and recommend- ed approval. Mr. Richard Eckerle, 382 S.W. 27th Avenue, stated that he had attended the Planning and Zoning Board meeting on May 20, 1996, and was impressed that individuals came from as far away as Miami to speak for the character of the applicant. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Ellingsworth moved to approve the Conditional Use Request for TLC Christian Academy, subject to the conditions set forth by the Planning and Zoning Board, 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.B. CONDITIONAL USE REQUEST/SOUTH PALM BEACH COUNTY JEWISH FEDERATION: Consider a request for conditional use approval to establish a community center/social club for the South Palm Beach County Jewish Federation within the former PharMor bay at the east end of the Delray Square Phase II shopping center. The subject property is located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue, and is zoned PC (Planned Commercial) District. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered the project file into the record. She explained that the proposal is to -6 - 6/04/96 establish new headquarters for the South Palm Beach County Jewish Federation at the former PharMor store within the Delray Square II Shopping plaza, located at northeast corner of Military Trail and Atlantic Avenue. These types of social centers are allowed as conditional uses in the General Commercial and Planned Commer- cial zoning districts. This particular social center will in- clude a number of different functions such as certain limited medical services, counseling and social services, educational and physical fitness programs and some volunteer programs. A bingo center is also proposed. There will be 34 full-time employees at the site which will be open from 8:00 a.m. to 10:00 p.m. daily except Saturdays, although the fitness center will be opened at 7:00 a.m. Staff reviewed this proposal in terms of its potential impacts on surrounding properties and to the shopping center itself. As the center will be occupying an existing bay in an existing center, the impacts on adjacent areas will be negligi- ble. Traffic counts reflect that this use will generate signifi- cantly fewer trips than that of a typical retail use of this size. Also, these services will be beneficial to many residents in the area. In terms of its impact on the Delray Square shop- ping center, it will fill a major vacancy that has existed for some time and should help to bring potential shoppers to the center. The Planning and Zoning Board considered this item at its meeting of May 20, 1996 and unanimously recommended approval. Richard Siemens, First Vice President of South Palm Beach County Jewish Federation, stated that the Federation is a 501(C) non-profit service provider with an annual budget of $26 million dollars. It covers the areas of Boca Raton, Delray Beach and Highland Beach. The purpose of the facility is to provide the services which are needed by senior citizens in the communi- ty. A transportation system to and from the center will be provided which will make the services very accessible. There being no one else who wished to give testimony on this item, the public hearing was closed. On question from Ms. Kiselewski, Mr. Siemens stated that the South Palm Beach County Jewish Federation is non-sectar- ian and does provide services to members of the community who are not Jewish. In other words, a person does not need to be Jewish to use the facility. Further, the use of the facility is not conditioned on membership; it is conditioned on need. One does not need to be a member of the Federation in order to use the facility. Mr. Egan moved to approve the Conditional Use Request for South Palm Beach County Jewish Federation, seconded by Mr. Randolph. 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. -7- 6/04/96 9.C. CONDITIONAL USE REQUEST/SOUTH COUNTY MATERIALS RECY- CLING FACILITY: Consider a request for conditional use approval to establish a resource recovery facility on a 5.86 acre parcel of land on the east side of Congress Avenue, approximately 1,800 feet north of West Atlantic Avenue. The subject property is zoned MIC (Mixed Industrial and Commercial). QUASI-JUDICIAL PROCEEDING (The City Manager arrived at the meeting, the time being 6:30 p.m.) The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. For the record, the City Attorney stated that the applicant has the burden of proving that the proposed use is consistent with the Comprehensive Plan and meets all of the City's other requirements contained in our code and ordinances. Once the applicant establishes that, then the burden shifts and if the City wishes to deny the conditional use request, it must demonstrate that there is a significant and detrimental effect upon the stability of the neighborhood in which it is proposed to be located, or that it will hinder development or redevelopment of nearby properties. In addition, the Commission must find and demonstrate that to approve this conditional use would be adverse to the public interest. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She stated this is a conditional use request to establish a Solid Waste Authority materials recycling facility on property located on the east side of Congress Avenue, approximately 1,800 feet north of West Atlan- tic Avenue. This facility is intended to serve the South County area which includes the cities of Delray Beach, Boynton Beach, and Boca Raton. Currently, recyclable materials are now deliv- ered to transfer stations and then transferred to facilities in West Palm Beach to be sorted. With this proposal, the materials would be delivered directly to this location to be sorted and then shipped out by semi-trailers to other facilities to be recycled. The use involves quite a bit of truck traffic. When operating at its full capacity, which is estimated to be at the year 2015, it will have 234 delivery vehicles and 31 semi-trail- ers for an average of 650 daily vehicle trips. The proposal does involve a parcel located adjacent to the railroad tracks which provides the possibility of constructing a spur for shipping some of the materials by train in the future. However, that eventu- ality is not included as part of the current proposal. -8- 6/04/96 Ms. Dominguez continued that the Planning and Zoning Board considered this item at public hearing on March 18, 1996, at which time there was substantial public opposition and numer- ous concerns were raised which resulted in the recommendation of denial. One of those concerns was traffic. In terms of actual traffic volumes, staff was able to make a finding that the pro- posal could meet concurrency capacity on Congress Avenue. Howev- er, a problem was noted with the left turn lanes (southbound on Congress, making the left turn onto Atlantic Avenue). There are two stacking lanes for left hand turns. Staff noted, through internal studies as well as the consultant's study, that there is not always enough room to stack the cars that are waiting to make that turn, in particular during peak periods. Currently, there is a failure rate of about 18% during peak hours, peak season. Staff expects this failure rate would increase to about 39% with this project. This is further complicated by the fact that the traffic from the proposed use is primarily truck traffic, which involves longer vehicles taking up more room in the stacking lanes. Just last week, however, the applicant did submit a design which would extend both of the left turn lanes an addi- tional 100 feet apiece. This would involve the elimination of some of the landscaping in the median, but it can be accommodated in the existing right-of-way. With the additional stacking room being added, it does appear that it will significantly reduce the level of failure to where you would probably only have failure occurring possibly three or so times during the peak morning hours. Another issue that the Planning and Zoning Board con- sidered was whether or not the proposed use fulfills remaining land use needs. The Board found that the use does not meet the criteria contained in the Comprehensive Plan's Future Land Use Element, Objecive A-I, which states, among other things, that the development of vacant property shall be in a manner that fulfills remaining land use needs. Delray Beach is in the middle of the South County area and has become the location of choice for a number of regional facilities, many of which have located on Congress Avenue. The most recent example is the Palm-Tran South County staging and maintenance center. Also on Congress Avenue in Delray Beach are the South County administrative offices, the Regional Wastewater Treatment Plant, and the emissions testing facility. At Linton Boulevard and S.W. 4th Avenue, Delray Beach has the Solid Waste Authority transfer station which serves the South County area. There was a sense on the Planning and Zoning Board that Delray Beach is being asked to accept more than its fair share of this type of regional facility, especially as it concerns the loss of tax revenue. In this case, the Board viewed it as the City being asked to accept another County facility that is going to serve adjacent municipalities as well as unincorporated Palm Beach County. Along with that, the City will have to take on the associated impacts, many of which are nega- tive, while at the same time diminishing our own tax base. This was exacerbated by the fact that testimony was given at the hearing from property owners in the area who stated on the record -9- 6/04/96 that if the proposed facility goes in, it is highly unlikely that they will develop their own properties. One of those was Noland Plumbing Supply which is located immediately to the north of the proposed site and which recently received approval to expand their building to add a new showroom at an estimated cost of $2 million. Representatives from Noland stated on the record that their expansion plans have been put on hold pending the outcome of this application. The Planning and Zoning Board is very concerned about the cumulative impact of this proposal on the City's tax base. At this point, Ms. Dominguez stated that she had been asked to read into the record a letter from Mr. Joe Saviano, President of Commercial Funding Corporation. The letter stated that Commercial Funding Corporation owns property at the north- west corner of Congress Avenue and Atlantic Avenue and is cur- rently proposing development of an 11,333 sq.ft, retail commer- cial structure. Mr. Saviano stated that he had been advised of the Solid Waste Authority's proposal and felt that the proposed use would be damaging to the entire community, would reduce land values, would add heavily to the truck traffic and impact the overall community in a negative fashion. He advised that if the City should approve the conditional use, his company would have no choice but to withdraw its project. Returning to the Planning and Zoning Board's considera- tion, Ms. Dominguez noted that the board voted 5 to 0 to recom- mend denial based upon a failure to make positive findings with respect to LDR Section 2.4.5(E) (5) (Conditional Use Findings) in that the truck traffic and intensity of the facility will have a detrimental effect on adjacent properties and may hinder develop- ment and redevelopment of those properties, and failure to make positive findings with respect to Future Land Use Element Objec- tive A-1 of the Comprehensive Plan, in that the use fails to fulfill a remaining City land use need. Ms. Dominguez reported that the applicants did meet with staff on June 3, 1996, to offer some measures to mitigate some of the potential impacts. They also submitted a new site plan which would place much of the truck traffic onto NoW. 18th Avenue (approaching the facility from the rear as opposed to Congress Avenue). They also propose flipping the building in order to place the noisiest aspect toward the south side. Staff feels this is a better design as it will buffer the Noland Compa- ny to the north. However, to some extent it will be at the detriment of the property on the south side. In conclusion, Ms. Dominguez reported that she had recently read an abundance of literature concerning the siting of materials recycling facilities. Some of the literature is from the solid waste industry itself, and some from the American Planning Association and the International City Managers Associa- tion. She noted there is a great deal of writing on this subject which demonstrates that these facilities do have an impact on -10- 6/04/96 communities. Further, everything she had read speaks of the need to involve the public at a very early stage in the siting pro- cess, including representation on the siting committee. She then read into the record excerpts from several publications address- ing this issue. Kiernan Kil~ay, representing the applicant, submitted to the Commission and for the record a notebook entitled, "Pre- sentation to the City Commission of Delray Beach, Florida, Condi- tional Use Application for the South County Materials Recycling Facility, Presented by the Solid Waste Authority of Palm Beach County, June 4, 1996". Lee Rosenthal, General Counsel for the Solid Waste Authority, noted for the record that the Commission and the applicant stipulated as to the expertise of the expert witnesses to be presented by the Solid Waste Authority, unless the City Commission were to determine otherwise. Sam Barker, President of S. Barker & Associates, Con- sulting Engineers for the project, gave an overview of the project, including the operation of the facility, a review of surrounding properties and businesses, and aerial photographs of the Congress Avenue site. Thaddeus Cohen, Architect, reviewed the proposed archi- tectural treatment for the facility. This is a two-component building, with a corporate presentation at the front with the processing facility at the rear of the site. Grant Thornbrouqh, Landscape Architect, reviewed the proposed landscape treatment for the facility. The landscaping will exceed the minimum requirements, with a minimum 30 ft. landscape buffer along Congress Avenue with a continuous berm, continuous hedge and plants, together with tree plantings. The buffer will be continued along the north side against Noland plumbing as well as on the south side of the site. Yvonne Ziel, Traffic Consultant, stated that the project meets all concurrency requirements. It will generate 650 daily trips. She compared the daily trips to other permitted uses in the MIC zoning district such as auto repair which could generate 1,000 to 1,200, a manufacturing facility with the per- mitted retail component could generate approximately 1,900 daily trips, and a commercial printer about 1,200 daily trips. With respect to the concern about the left turns at the Congress Avenue/Atlantic Avenue intersection, with the additional stacking space to be provided there would only be three cycles when the left turn lane would extend into the thru lane. Stanley Dunn, Acoustical Consultant, presented an assessment of potential environmental noise impacts of the facil- ity. As a result of his study, he determined that there will be -11- 6~04/96 no significant environmental noise impact to be anticipated from the facility. John MacDonald, representing Roger L. Wayson, P.E., presented an overview of the air quality analysis which was prepared for the proposed project. He noted there will be no violation of standards. Joe Price, Callaway & Price, Inc., Real Estate Apprais- ers and Consultants, presented his opinion concerning the impact of the proposed facility on surrounding properties and the neigh- borhood in general, with his conclusion being that a properly operated recycling facility will not inhibit the surrounding real estate market. In support of his conclusion, he pointed to the existing transfer station located on S.W. 4th Avenue south of Linton Boulevard as an example of a similar facility not having inhibited development in the general area. Sherry Weinschenk, Assistant Director of Recycling for the Solid Waste Authority, presented an overview of the many ways in which recycling serves the public interest. She noted that the State of Florida and Palm Beach County have mandated recy- cling goals. In 1995, the County reported a recycling rate of 59% which is the County's highest recycling rate in the State. If the rate is maintained over the life span of the County's landfills, the useful life of these landfills is expected to be extended by approximately 6 years. The SWA has developed a long term comprehensive county-wide recycling program which now pro- cesses 16 various materials. To continue processing these ma- terials and to add other materials such as junk mail and paperboard, sufficient processing capacity must exist. She emphasized that this type of comprehensive program benefits both residents and municipalities. Residents benefit in the form of lower solid waste assessments, while municipalities can benefit from revenue-sharing agreements for the sale of their recyclables. The Solid Waste Authority and the City are current- ly working on a revenue-sharing interlocal agreement that has the potential for the City to realize an annual benefit of $20,000 to $30,000 (using FY 1994/1995 figures) from the sale of recyclables received from the City's businesses. Mr. Kilday then gave a lengthy presentation concerning the planning aspects of the proposal, with his conclusion being that the conditional use request is consistent with the City's Comprehensive Plan and that it meets the required findings neces- sary for approval. Mr. Kilday submitted for the record the report prepared by City staff for the Palm-Tran facility on Congress Avenue. He pointed out that almost all the issues which are being discussed this evening were also analyzed in the staff report for the Palm-Tran project. The applicant has been working closely with Planning staff in order to accommodate the issues which have been identified. An alternative plan was recently submitted which addresses the majority of concerns through design considerations. -12- 6/04/96 Mr. Rosenthal, General Counsel for the Solid Waste Authority of Palm Beach County, concluded the applicant's presen- tation by stating that the standard is that once the petitioner meets the initial burden of showing that the application has met the statutory criteria for granting the exception, the burden moves back to the City to demonstrate by competent, substantial evidence presented at the hearing and made part of the record that the special exception requested does not meet such standards and is in fact adverse to the public interest. Mr. Rosenthal noted that the Fourth District Court of Appeal has stated that the objections of a large number of residents of an affected neighborhood are not a sound basis for denial. The City Attorney asked the applicant and staff if they had any questions or cross examinations of each other? In re- sponse, Mr. Rosenthal stated that he had none; however, requested to reserve his right to question later, if necessary. The Planning Director stated that she had a question regarding aerial photographs which Mr. Price, the real estate appraiser, had submitted showing the area of Linton Boulevard to 1-95 and the South County Transfer Station on S.W. 4th Avenue. Mr. Price had made a conclusion that the transfer station had not affected the rate of development and property values in the area. Ms. Dominguez asked if Mr. Price if he had any specific data which compares this particular area with a similar area where there is not a transfer station located where we could actually see if the rate of development is similar or better than another area, or if property values are similar or better than an area where this type of facility was not located? Joe Price, real estate appraiser, responded that a study prepared approximately ten years ago reflected the impact of solid waste facilities on surrounding residential properties. At that time, a comparison was made of transfer stations that were in close proximity to residential areas and the report showed there were no measurable differences. Ms. Dominguez stated that unless there is specific information comparing this area with a similar area, it is very hard to draw a conclusion that the transfer station did not affect the rate of development in the area. She noted that the residential area closest to the transfer station which is just now being developed as a rental development has been lying vacant since the project was originally approved over ten years ago. At this point, Mr. Rosenthal formally submitted docu- mentation prepared by the Solid Waste Authority of Palm Beach County entitled: "Conditional Use Application for the South County Materials Recyclin~ Facility" into the record. The following individual spoke in favor: -13- 6/04/96 Bill Paine, attorney representing Rinker Materials Corporation, owner of the property in question, stated that the current site was formally a MAC Industries concrete plant which Rinker purchased around 1988. The property has been on the market since 1990. The conditional use request will allow the establishment of a use which is probably much nicer than a con- crete plant. Mr. Paine emphasized that the rights of the private property owner should be respected. The following individuals spoke in opposition: Alfred Bromberq, 1270 N.W. 27th Avenue, expressed concern about the adverse traffic impacts which will be felt from this proposal, especially when combined with the bus traffic from the Palm-Tran facility on Congress Avenue. Robert Specter expressed concern about potential vermin and odor problems as a result of the recycling plant, as well as severe traffic problems which will be created with the additional truck traffic coming onto the road. The truck traffic from the recycling facility in conjunction with Palm-Tran bus traffic and school bus traffic will have a detrimental impact on the welfare of the residents who have to drive Congress Avenue and the gener- al vicinity. Jay Slavin, resident of Rainberry Bay, stated she felt it was very unfair to the residents of Delray Beach to have to contemplate both the Palm-Tran facility as well as the proposed recycling facility. The traffic will be terrible and it is very unnerving to the residents of Rainberry Bay to have to drive the same roads as trucks and buses. She pointed outo that a newly approved Alheimzer's facility, which is to be built at the north- west corner of Lake Ida Road and Congress Avenue, will also be adversely affected by truck traffic traveling to the recycling plant. In conclusion, Ms. Slavin urged the Commission to deny the conditional use request. Albert Heller, 3130 N.W. 10th Street, stated that the original intent of the MIC zone district was for light industrial uses as opposed to heavy industrial uses. He expressed concern about the recycling facility's impact on the future development in this area. Ilene CooDer, resident of Rainberry Bay, stated that since E1 Clair Ranch Road has been widened to three lanes coming in to Military Trail, there will be an abundance of heavy truck traffic on Lake Ida Road. Ms. Cooper further stated that every time there is an accident on 1-95, traffic is diverted off to Congress Avenue as an alternate route. Traffic comes to a stand- still and even emergency vehicles cannot get through. Additional traffic, especially truck traffic, cannot be accommodated. Paul May, Attorney representing the Noland Company, emphasized that the proposed use would substantially affect the -14- 6/04/96 property rights of his client whose property is immediately north of the proposed site. Should the conditional use request be ap- proved, the Noland Company will not continue with its approved plans for a $2 million dollar expansion. The company will sell its property and move to another location outside of Delray Beach. The recycling facility is not compatible with nor is it complimentary to the area in which it is being proposed. Lawrence Kramer, Architect for the Noland Company, stated that the expansion plans will not be bid if the proposed project is approved. The Noland Company will not plat the prop- erty which will, in turn, defer development of Dr. Carol Krol Way and the extension of N.W. 18th Avenue. Mr. Kramer distributed photographs of the SWA facility in West Palm Beach. He felt the proposal was not aesthetically compatible with the Noland Compa- ny's development plans. Jim Clopper, Regional Manager of the Noland Company, stated that the company has been at the same location for ten years and has enjoyed doing business in Delray Beach. At a recent meeting with the Solid Waste Authority, their representa- tives indicated that they had started with fifty potential sites for the recycling facility. He found it hard to believe that the proposed site on Congress Avenue is the only one that would be acceptable. Kate Kelly, 600 Greensward Lane and Legislative Assis- tant for State Representative Suzanne Jacobs, stated that she was speaking on behalf of Rep. Jacobs and her constituents who are adamantly opposed to a recycling plant at this particular loca- tion. On her own behalf, Ms. Kelly noted that there is also a great deal of train traffic which creates further congestion on Atlantic Avenue over to Congress Avenue. The large trucks trav- eling to and from the recycling facility will only add to stack- ing problems. Milton Robbins, a member of the Board of Directors at Rainberry Bay, expressed his concern over not only the immediate impact of additional truck traffic, but the projected volumes as the recycling industry grows and handles more solid waste. He felt that the facility's close proximity to the Atlantic/Congress Avenue intersection creates a true traffic hazard. The area needs upgrading, but other types of industrial or commercial uses will not be interested in locating here if the facility exists. Blair Bauman, 1300 N.W. 22nd Avenue, President of Rainberry Lakes Villas Association, pointed out that the recy- cling facility is a nonprofit organization which means there will be no tax revenue to the City, whereas a light industrial or manufacturing operation would add to the City's tax base. A professional planner by occupation, Mr. Bauman felt there has been a lack of future planning ("forecasting") for this type of facility. -15- 6/04/96 Thomas Mook, President of the Sudan Homeowners Associa- tion, commented that for several years now the Commission has expressed concern about the appearance of Congress Avenue. Even though this area has industrial type uses, the traffic situation, combined with the fact that it will not increase the City's tax base, outweighs any benefit to the City. Dick Eckerle, representing the Progressive Residents of Delray Beach (PROD), reported that PROD is adamantly opposed to the recycling facility. Mr. Eckerle emphasized the issue of incompatibility to the surrounding area and urged the City Com- mission to sustain the recommendations of the Planning and Zoning Board. Lillian Feldman, President of Delray Beach Property Owners, voiced concern about rodents being attracted to the area, and that the large amount of semi-trailers (18 wheelers) travel- ing to/from the recycling plant will only add to the traffic congestion. Tom Whidham, Hagen Ranch Road resident and a candidate for State Representative, felt that a recycling facility is a much needed public service, but the proposed location is inappro- priate. Harris Baer, Pines of Delray North, was opposed to the close proximity of the facility to residential areas and the issue of traffic congestion. There being no one else who wished to give testimony on this item, the public hearing was closed. In rebuttal, Mr. Rosenthal stated that the threats of neighborhing businesses and the objections of residents is not a sound basis for denial. He then referenced case law, Florida Mining and Minerals Corporation v. the City of Port Orange, where the Fifth District Court of Appeal reversed a denial of a special exception to build a cement batch processing plant in a light industrial zone when that city based their denial on concerns that cement trucks would have to travel down residential streets to reach an arterial road. Mr. Rosenthal concluded by stating that the goal of the industry is to protect the public's health safety and welfare. At this point, comment was closed for discussion by the Commission. On question from Ms. Kiselewski, Mark Kaymen, Managing Director for the Solid Waste Authority, responded that the exist- ing transfer station has been in existence since the early 1970's. It was originally owned and operated by the City of Delray Beach but was subsequently turned over to the Solid Waste Authority in 1979. -16- 6/04/96 Mr. Randolph asked what was the final destination for trucks leaving the South County Transfer Station, and what route would they most likely take? In response, Mr. Kaymen stated that the majority of the trucks leaving the site would be using 1-95. Mr. Egan stated that he felt the real issue is compati- bility with the surrounding areas, especially the residential areas. While the City has not been happy with some of the uses on Congress Avenue, the recycling facility will not enhance the area. The corridor has been neglected and it should not be further neglected. His biggest concern was for the future rede- velopment of the area and he felt the City would have a serious problem with accomplishing that redevelopment if the conditional use request were to be approved. Mr. Ellingsworth commented that much had been said about some of the less desirable uses which could go in on Con- gress Avenue, but nothing was mentioned about the possibility for positive uses such as a clean, hiHh-tech industry. He felt that the proposal would have a significant detrimental effect on the stability of the neighborhood and would hinder further develop- ment. Mr. Randolph expressed concern about the continuous trips of heavy trucks on Congress Avenue, the related safety of school bus traffic on the same road, and the question of the additional congestion created when the Hates go down on the railroad tracks. Ms. Kiselewski expressed her concern about the impact on redevelopment. Since several businesses have stated they would have difficulties in developing their properties, Ms. Kiselewski felt this was an indication there would be some prob- lems with future development. With respect to the applicant's argument that the existing transfer station has not hindered development, Ms. Kiselewski commented that much of the develop- ment referred to has not taken place until recently and she suspected that part of the reason may have been because of the transfer station. Mayor Alperin commented that he felt the Commission had heard legitimate concerns expressed by nearby property owners as to how the proposed facility would affect their properties. Beyond that, he felt strongly that the perception that would be created by the locating of this facility at this particular location is something that would result in a very adverse impact on future development. The impact would go far beyond the imme- diate area; the City as a whole would be adversely affected. Mr. Egan moved to deny the Conditional Use Request to establish a resource recovery (South County Materials Recycling Facility) based upon a failure to make positive findings with -17- 6/04/96 respect to Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations, that the truck traffic and intensi- ty of the facility will have a detrimental effect on adjacent properties, and that the use may hinder development and redevel- opment of those properties, and failure to make positive findings with respect to Future Land Use Element Objective A-1 of the Comprehensive Plan, in that the use fails to fulfill a remaining City land use need, seconded by Mr. Ellingsworth. 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. Mayor Alperin declared a five minute recess. At this point, the time being 8:45 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-Way", to provide for regulations on the placement, appearance and maintenance of newsracks. The City Manager presented Ordinance No. 13-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3., "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3., "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSRACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. Mayor Alperin requested that this item be continued to the City Commission regular meeting scheduled for July 23, 1996, in view of ongoing discussions and negotiations with the newspa- per publishers. Mr. Ellingsworth moved to postpone Ordinance No. 13-96 to the meeting of July 23, 1996, 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followin~ Public Hearings. -18- 6/04/96 11.A. City Manager's response to prior public comments and inquiries. Concerning State Representative William Andrews' previ- ous comments about the charter school legislation and his sugges- tion that it should be looked at in Delray Beach, the City Manag- er reported that Representative Andrews had made a presentation to the Education Board on June 3, 1996. The Education Board will review the charter school legislation after the June 3rd meeting to determine if any schools would lend themselves to the charter school concept. In response to the question raised about street flood- ing on Lindell Boulevard, between South Federal and Dixie High- ways, the City Manager stated that the City has recut the swales on the north and south sides of the road which should help to correct the drainage problem. After staff completes the irriga- tion installation, the sod will be reinstalled. It is anticipat- ed work will be completed by June 7, 1996. ll.B. From the Public. 11.B.1. Joe Kamarata, 764 Avocet Road, thanked the Commission for the work which has been done to the swales on Lindell Boule- vard. It does seem to be working. He then distributed several photographs of various locations. Mr. Kamarata asked that something be done with respect to sidewalks and curbs in the Tropic Palms subdivision. He also requested that consideration be given to putting in a children's park at the corner of Curlew and Albatross Roads. 11.B.2. Dick Eckerle, resident of Woodlake, commented on what he felt was the improper behavior of the photographer who had been taking pictures during the hearing on the recycling facili- ty. 12. FIRST READINGS: 12.A. ORDINANCE NO. 24-96: An ordinance amending LDR Section 2.2.6(B) (2) by enacting special qualifications for Historic Preservation Board membership pursuant to Florida Certified Local Government Guidelines. If passed, public hearing on June 18, 1996. The City Manager presented Ordinance No. 24-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.2.6., "THE HISTORIC PRESERVATION BOARD", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SUBSECTION 2.2.6(B) (2) IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION 2.2.6(B) (2) TO PROVIDE FOR LANGUAGE INCORPORATING THE FLORI- -19- 6/04/96 DA CERTIFIED LOCAL GOVERNMENT GUIDELINES CONCERNING SPECIAL QUALIFICATIONS FOR HISTOR- IC PRESERVATION BOARD MEMBERSHIP; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 24-96 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 24-96 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion 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. At this point, the Commission returned to the Regular Agenda portion of the Agenda. 9.D. AMENDMENTS TO MANAGEMENT AGREEMENT AND LEASE AGREEMENT WITH OLD SCHOOL SQUARE, INC.: Consider Amendment No. 2 to the Management Agreement and Amendment No. 2 to the Lease Agreement between the City and Old School Square, Inc. Robert Barcinski, Assistant City Manager, stated the amendments would shift some of the maintenance responsibilities from Old School Square to the City, and responsibility for signage maintenance and capital investment in signage to the City. Mr. Randolph asked why the shift of responsibilities? Joe Gillie, Director of Old School Square, Inc., stated that the reason for the shift is due to a shortfall of money. In the original management agreement, the City and Old School Square looked for ways to work together to develop the cultural arts center. As Old School Square budgeted every year, the intent was to take ten percent of the budget and put it aside for mainte- nance. Because of the extreme growth pattern in the past five years, it has been very difficult to do this and the money has not been set aside. All available funds have been channeled to try to finish the classrooms and get the entire site up and running. Mr. Egan asked about other lease agreements that the City has, such as Cason Cottage and the Sandoway House, and what kind of rules apply for such items as capital expenditures, maintenance, and the like? The City Attorney responded that the lease agreements vary according to different needs. They are all considered on a case by case basis. Mr. Egan moved to approve the amendments to Management Agreement and Lease Agreement with Old School Square, Inc., -20- 6/04/96 seconded by Ms. Kiselewski. 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.E. REQUEST FROM AMERICAN LEGION POST 0188 FOR ADDITIONAL USE OF LEASED PROPERTY: Consider a request from American Legion Post #188 to allow Churches Reaching Out to Society (CROS) Minis- tries to use the American Legion building located at 800 N.W. 2nd Street for the South Community Food Pantry Food Program. The City Manager stated that currently there is a food program operating out of Mt. Olive Baptist Church. The church now has other needs for the space, so they contacted the American Legion about moving the program to that location. Under the terms of our lease with the American Legion Post, any use other than as a meeting place for the American Legion requires Commis- sion approval. Mr. Ellingsworth moved to approve the request from American Legion Post #188 to allow Churches Reaching Out to Society (CROS) Ministries to use the American Legion building for the South Community Food Pantry Food Program, seconded by Mr. Randolph. 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.F. THIS ITEM WAS BEEN REMOVED FROM THE AGENDA. 9.G. PALM ACTS CONTRACT: Status report from the City Attor- ney. The City Attorney stated that her office had notified Palm Acts that they were in breech of their agreement with the City due to their sublicense with Charisma Entertainment Group, Inc. without the Commission's approval. Her office received back a letter from the attorney for Palm Acts dated June 3, 1996, indicating that they have cancelled their agreement with Charisma Entertainment Group. This means that Palm Acts has cured the default. Palm Acts also indicated that they will be in contact to seek the City's involvement in any future potential agreement with Charisma. The City Attorney verified that Palm Acts, Inc. is a viable corporation and they are still obliged to meet their requirements under the contract to have performances at the tennis stadium. Braham Dubin, Dubin & Associates, stated he will be in discussions with the various entities having contracts with the City insofar as the tennis center is concerned. He requested two weeks to formulate a recommendation and will report back to the Commission at that time. -21- 6/04/96 9.H. CONTRACT ADDITION (C.O. #3)/O'CONNOR & TAYLOR, INC.: Consider a contract addition (C.O. #3) in the amount of $364,772 with O'Connor & Taylor, Inc. for the Golf Course clubhouse expan- sion project, with funding from 445-4763-572-62.10. Mr. Randolph moved to approve Contract Addition (C.O. #3) in the amount of $364,772.00 with O'Connor & Taylor, Inc. for the Golf Course clubhouse expansion project, 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. 9.I. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (architect position) to the Code Enforcement Board for an unexpired term ending January 14, 1998. Commissioner Ellingsworth's appointment. Mr. Ellingsworth moved to appoint alternate Barbara Holden as a regular member (architect position) to the Code Enforcement Board for an unexpired term ending January 14, 1998, 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. 9.J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a member to the Community Redevelopment Agency for a four year term ending July 9, 2000. Commissioner Ellingsworth's appointment. Mr. Ellingsworth moved to reappoint Marc deBaptiste to the Community Redevelopment Agency for a four year term ending July 9, 2000, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority for a four year term ending July 14, 2000. Recommendation by Commissioner Ellingsworth. Mr. Ellingsworth moved to reappoint Kevin McCarty to the Delray Beach Housing Authority for a four year term ending July 14, 2000, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two members to the Downtown Development Authority for three year terms ending July 1, 1999. Appointments by Commis- sioner Kiselewski and Commissioner Egan. -22- 6/04/96 Ms. Kiselewski moved to reappoint Michael Listick to the Downtown Development Authority for a three year term ending July 1, 1999, seconded by Mr. Ellingsworth. 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. Mr. Egan moved to appoint Frank Wheat to the Downtown Development Authority for a three year term ending July 1, 1999, seconded by Mr. Ellingsworth. 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.M. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two regular members and one alternate member to the Civil Service Board for two year terms ending July 1, 1998. Appointments by Commissioner Egan, Commissioner Ellingsworth and Commissioner Randolph. Mr. Egan stated that he wished to postpone his appoint- ment of a regular member to the Regular Meeting of July 18, 1996. Mr. Ellingsworth moved to appoint Bill O'Neill as a regular member to the Civil Service Board for a two year term ending July 1, 1998, 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. Mr. Randolph moved to appoint H. Ric Zazzi as an alter- nate member on the Civil Service Board for a two year term ending July 1, 1998, seconded by Mr. Egan. Upon roll call the Commis- sion 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.N. (ADDENDUM ITEM) SETTLEMENT/MITCHELL v. CITY, v. COOK, v. CITY AND J. COOK v. CITY: Consider settlement in the refer- enced matter as recommended by the City Attorney. Mr. Ellingsworth moved to approve the settlement in the matter of Julius Mitchell v. City in the amount of $193,000.00, seconded by Mr. Randolph. 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. Mr. Egan moved to approve the settlement in the matter of V. Cook v. City in the amount of $202,500.00, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Randolph - Yes. Said motion passed with a 5 to 0 vote. -23- 6/04/96 Ms. Kiselewski moved to approve the settlement in the matter of J. Cook v. City in the amount of $197,500.00, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer The City Manager responded to Mr. Randolph's inquiry regarding the current status of fees for the Pompey Park Pool. He noted pool passes are used as part of an incentive program but these have to be used within 30 days. These pool passes are given out to children who make good grades, assist lifeguards or earn time for volunteer efforts. There is no charge for certain groups such as the After School Program and for local schools which bring children to the swimming pool. The City Manager pointed out that staff had checked into fees of other facilities which have pools and discovered these facilities charge the same fees or even more than we do. The current fee structure was reviewed and approved by the Pompey Park Advisory Committee. Since they seem to be working reasonably well, staff recommends the fees be continued. Currently, children under 5 years of age who are accompanied by a paying adult are admitted free of charge; then up to 16 (years of age) is $1.00; 16 years and up is $1.50. If the Commission feels fees should be reduced, then the issue could be discussed at a workshop meeting. Mr. Randolph asked if the revenue from the fees for the swimming pool outweighs the cost of having a full-time employee to handle the fees or tickets? In response, the City Manager stated that he had not checked into that aspect but would have staff look at it, and he would report back at the work session. Mayor Alperin asked if we would have to have somebody in the cage if we already have a guard protecting the entrance to the swimming pool area? The City Manager stated he would get additional infor- mation for the Commission. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Mr. Ellinqsworth. -24- 6/04/96 Mr. Ellingsworth complimented Mayor Alperin on the way he handled tonight's meeting and that he did an excellent job in keeping things under control. 13.C.2. Mr. Randolph. Mr. Randolph had no comments or inquiries. 13.C.3. Ms. Kiselewski. Ms. Kiselewski had no comments or inquiries. 13.C.4. Mr. Eqan. Mr. Egan had no comments or inquiries. 13.C.5. Mayor Alperin. Mayor Alperin commented on the large amount of paper- work involved with the current procedure for handling board appointments. He suggested using a looseleaf notebook for each Commissioner that would have all of the applications, separated by board, that could be added to or removed from as appropriate. The City Manager felt this was a good idea as it would save paper and staff time spent during agenda preparation. He suggested the Commission have the Clerk's office maintain the books. In response to question from Mr. Ellingsworth, the City Manager advised the board applicant list is purged periodically. Applicants are contacted to verify their continued interest. Mayor Alperin stated that, hopefully, somewhere down the line the City will have a snorkel park at the south end of the beach. With all of the construction underway on Lake Ida Road, he noticed the large underground pipes being taken out and felt they might be ideal for use, with minor cleaning, as an artificial reef for the snorkel park. He asked if we could get them for this purpose and if they could be stored until we are ready to use them? The City Manager stated that the pipes probably belong to the contractor; however, he would have staff check into the matter. There being no further discussion, Mayor Alperin de- clared the meeting adjourned at 9:30 p.m. ~ity Clerk - -25- 6/04/96 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 said City Commission of June 4, 1996 which minutes were formally approved and adopted by the City Commission , City -Cl~rk - - 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- 6/04/96