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06-18-96 JUNE 18, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Alperin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, June 18, 1996. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Commissioner David Randolph Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Michael McClure, West Park Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the clarification of Item 8.T.1., Award of Bids and Contracts to include the back-up contractor, and the addition of Item 9.P. Special Event Approval - Summer Nights, by addendum. Mr. Randolph moved to approve the Agenda as amended, 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 stated that there should be a correc- tion made to page 23 of the May 21, 1996 minutes regarding the Palm Acts Contract. The amendment to the minutes was so noted by the Deputy City Clerk. Mr. Ellingsworth moved to approve the Minutes of May 21, 1996, as amended, the Regular Meeting of June 4, 1996, and the Special Meeting of June 11, 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. 6. Proclamations: 6.A. Code Enforcement Officers Week - June 17-21, 1996 Mayor Alperin read and presented a proclamation recog- nizing June 17-21, 1996 as Code Enforcement Officers Appreciation Week. Jerry Sanzone, Building & Inspector., Adm/CBO came forward to accept the proclamation. 6.B. Parks and Recreation Month - July 1996 Mayor Alperin read and presented a proclamation recog- nizing July, 1996 as Parks and Recreation Month. Joe Weldon, Director of Parks and Recreation, came forward to accept the proclamation. 7. Presentations: 7.A. Representative Ron Klein - 1996 Leqislative Session Mayor Alperin noted that Representative Ron Klein would be late to the Commission meeting this evening. Representative Ron Klein arrived late to the meeting but did not make a presen- tation regarding the 1996 Legislative Session. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/GLEASON STREET TOWNHOMES: Approve the final plat for Gleason Street Townhomes, a proposed four unit development consisting of a single family residence and three fee simple townhouses. The subject property is located on the west side of Gleason Street, south of Ocean Terrace, and contains 0.54 acres. 8.B. ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT WITH FLORI- DA COMMUNITIES TRUST FOR THE SANDOWAY HOUSE: Approve Addendum I to the Conceptual Approval Agreement with the Florida Communities Trust for the grant award of $300,000 for the purchase of the Sandoway House. Addendum I removes the bond sale contingency clause. 8.C. AGREEMENT WITH DELRAY BEACH JOINT VENTURE/JULY 4TH FIREWORKS: Approve an agreement between the City and the Delray Beach Joint Venture concerning sponsorship for the July 4th fireworks for 1996 through 1999. 8.D. ACCEPTANCE OF EASEMENT DEED/U.S. POST OFFICE AND BOYS FARMERS MARKET: Accept an easement deed from the U.S. Postal Service (West Delray) for a utility easement to accommodate water and sewer main extensions associated with the construction of The Boys Farmers Market. 8.E. ACCEPTANCE OF EASEMENT DEED/NEW JERUSALEM CHURCH OF GOD IN CHRIST: Accept an easement deed from New Jerusalem Church of God in Christ for a 12 foot drainage easement along the north portion of the church property to permit installation of portions -2- 06/18/96 of the Roosevelt Avenue drainage improvements. The church prop- erty is located on the south side of Lake Ida Road and on the east side of Roosevelt Avenue. 8.F. TEMPORARY USE AGREEMENT WITH D. & M. SOMERVILLE/BRANDON DRIVE SEWER LINE: Approve a Temporary Use Agreement with Dennis and Mary Somerville for the use of their property at 4281 Brandon Drive as a temporary staging area associated with the construc- tion of the Brandon Drive sewer line. 8.G. RIGHT OF ENTRY EASEMENT AGREEMENT WITH D. & M. SOMERVILLE/ BRANDON DRIVE SEWER LINE: Approve a Right of Entry Easement Agreement with Dennis and Mary Somerville for the acqui- sition of a 12 foot easement within the abandoned right-of-way on the east side of the Somerville's property at 4281 Brandon Drive, for the purpose of constructing the Brandon Drive sewer line. 8.H. AGREEMENT BETWEEN THE CITY AND SOUTH TECHNICAL EDUCA- TION CENTER: Approve an agreement between the City and South Technical Education Center which transfers ownership of a 1978 Emergency One Fire Engine in exchange for $20,000 worth of in- service training for the Fire Department. 8.I. SERVICE AUTHORIZATION #i/SLATTERY & ROOT ARCHITECTS: Consider approval of Service Authorization #1 in the amount of $16,750 to Slattery & Root Architects for professional services related to the Energy Audit for the City Hall Envelope Project, with funding from 334-3431-519-31.30. 8.J. DEDUCT CHANGE ORDER #l/HOLT CONTRACTING, INC.: Approve deduct Change Order #1 in the amount of $1,845.00 with Holt Contracting, Inc. for the Police Department Crime Lab project. 8.K. RESOLUTION NO. 47-96: Approve a resolution authorizing the City Manager to apply for funding through Palm Beach County's 1996/97 State and County Thoroughfare Beautification Grant Pro- gram for the Interstate-95 sound barrier wall. The caption of Resolution No. 47-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING THROUGH PALM BEACH COUNTY'S 1996/1997 STATE AND COUNTY THOROUGHFARE BEAUTIFICATION GRANT PROGRAM FOR THE INTERSTATE-95 SOUND BARRIER WALL. (Copy of Resolution No. 47-96 is on file in the offi- cial Resolution Book) 8.L. RESOLUTION NO. 48-96: Approve a resolution authorizing the City Manager to apply for funding through Palm Beach County's -3- 06/18/96 1996/97 State and County Thoroughfare Beautification Grant Pro- gram for Lake Ida Road. The caption of Resolution No. 48-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING THROUGH PALM BEACH COUNTY'S 1996/1997 STATE AND COUNTY THOROUGHFARE BEAUTIFICATION GRANT PROGRAM FOR LAKE IDA ROAD. (Copy of Resolution No. 48-96 is on file in the offi- cial Resolution Book) 8.M. RESOLUTION NO. 49-96: Approve a resolution in support of federal legislation entitled "The Shore Protection Act of 1996". The caption of Resolution No. 49-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF S.B. 1811 AND H.R. 3551, TITLED "THE SHORE PROTECTION ACT OF 1996"; URGING THE BILLS' QUICK PASSAGE; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 49-96 is on file in the offi- cial Resolution Book) 8.N. RESOLUTION NO. 50-96: Adopt a resolution assessing costs for abatement action required to board up an unsafe build- ing located at 110 East Atlantic Avenue. The caption of Resolution No. 50-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. 4 06/18/96 (Copy of Resolution No. 50-96 is on file in the offi- cial Resolution Book) 8.0. RESOLUTION NO. 51-96: Adopt a resolution assessing costs for abatement action required to remove nuisances on 22 properties throughout the City. The caption of Resolution No. 51-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 51-96 is on file in the offi- cial Resolution Book) 8.P. RESOLUTION NO. 52-96: Adopt a resolution assessing costs for abatement action required to remove abandoned vehicles on four properties throughout the City. The caption of Resolution No. 52-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 52-96 is on file in the offi- cial Resolution Book) -5- 06/18/96 8.0. APPOINTMENT OF OUTSIDE COUNSEL/ELISABETH CANAVAN V. CITY: Approve the appointment of outside counsel as recommended by the City Attorney. 8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period June 3 through June 14, 1996. 8.S. CONTRACT WITH HRS FOR CHILDREN'S SUBSTANCE ABUSE PRO- GRAM: Approve the FY 1996/97 contract with the Florida Depart- ment of Health and Rehabilitative Services (HRS) for grant fund- ing in the amount of $27,583 to be used for drug prevention services (Excel Focus Five Program). 8.T. AWARD OF BIDS AND CONTRACTS: 1. Bid award to E.C. Stokes Mechanical Contractor, Inc. as primary contractor and to Koenig Plumbing and Mechanical Corp. as backup contractor, for the City's plumbing services and repairs, in the estimated annual amount of $12,052 from various departments operating expense budgets. 2. Bid award to Data Flow Systems, Inc. for software upgrades to the Telemetry Systems Control and Data Acquisitions (SCADA) system in the Utilities Maintenance Division, in the amount of $14,219 from 442-5178-536-64.11. 3. Purchase award to Hydraulic Supply Company for the purchase of an 18bp hydraulic unit with side adaptor kit and accessories for use by the Envi- ronmental Services Construction Division, in the amount of $12,209.79 from 441-5145-536-64.90. 4. Purchase award to Otto Industries, Inc. for pur- chase of sanitation rollout carts via the City of Decatur, Alabama (Bid #96-019), at a total cost of $542,755, with funding from 433-3711-534-52.27. 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. DISCUSSION CONCERNING PHASE I OF THE CITY HALL ENVELOPE PROJECT. -6- 06/18/96 Jose Aguila, Construction Manager, discussed the dif- ferent options for the Phase I analysis concerning the storm hardening measures for the City Hall Envelope Project. Robert Currie, architect, presented a review of the elevations of the site plan, and requested direction from the Commission as to how to proceed at this time. He discussed five options with cost estimates, they were as follows: Option #1: ($1,206,306) based on Option D as documented in previous report, with modifications: a new cupola; extending the existing stair towers up; adding two new balconies on each side of the main entrance. Option #2: ($27,500) includes option #1; driveway connection between the north and south parking lots and unit pave entranceway; (a) ($17,500) fountain at entrance. Option #3: ($140,000) includes option #2; a 38' x 52' porte cochere with Spanish "S" roof tiles to match existing included with option #1 (no fountain); (a) ($10,000) standing seam over porte cochere in lieu of Spanish "S". Option #4: ($105,000) includes option #3 standing seam in lieu of Spanish "S" and replace existing Spanish "S" Option #5: ($280,000) includes option #4; a new standing seam metal roof over existing two-story and one-story building. Upon questioning from the Commission, Mr. Aguila stated that for the purpose of storm hardening the roof would be the most critical aspect of the project, however, it is estimated that the metal roof has about the same life expectancy as the tile roof, but is more costly. Regarding funding, the City Manager commented that we would have to borrow against the Utility Tax. This year we will have a decrease in debt service of $250,000, therefore, at $200,000 for this project it would be paid off in 12 years. It was the consensus of the Commission to proceed with the tile roof in Option #1 at an estimated cost of $1,206,306 which does not include the air cooling unit estimated at an additional $300,000/400,000, to handle both City Hall and the Community Center, and no other options. 9.B. INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE SEACREST PROPERTY: Consider approval of an Interlocal Agreement between the City and the Palm Beach County School Board for the Seacrest property project. Robert A. Barcinski, Assistant City Manager, stated that in October, 1995 the School Board agreed to the project. Currently, what is being presented to the Commission is an agree- 7 06/18/96 ment between the City and the School Board, rather than a tri- party agreement. Mr. Barcinski stated that all this essentially means is that the City has an agreement with the School Board and the County has a separate agreement with the School Board. The City was to complete acquisition, demolition, and environmental testing and removal activities, and the School Board is responsible for project development and construction in two phases. Phase I construction (weight room wrestling room) is to begin immediately upon approval of this agreement and be completed within two years. Phase II construction (gymnasium) is to be started within three years of completion of Phase I. Mr. Egan moved to approve the Interlocal Agreement between the City and the School Board of Palm Beach County for the Seacrest Property; subject to closing of the Patel Property scheduled for June 21, 1996; and subject to approving the agree- ment between the School Board and Palm Beach County; and with modifications to the legal description, 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. At this point, Mayor Alperin thanked everyone on the Seacrest Task Force for making this project possible. On behalf of the school district, Atlantic High School and all the people who worked on this project, Mr. Hanson from the Palm Beach County School Board thanked everyone involved in this project. 9.C. SUBLEASE AND MANAGEMENT AGREEMENTS WITH THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.: Consider approval of the Sublease Agreement and the Management Agreement between the City and The Friends of Sandoway House Nature Center, Inc. The City Attorney stated the essential items are out- lined in the memorandum regarding the responsibilities of the Friends of Sandoway and the City. Mayor Alperin asked for clari- fication on whether or not the County is the owner. The City Attorney informed Mayor Alperin that the County is indeed the owner. Mr. Ellingsworth moved to approve the Sublease and Management Agreements with the Friends of Sandoway House Nature Center, Inc., seconded by Mr. Egan. Upon roll call the Commis- sion 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, discussion ensued regarding the existing roof and the City Manager commended that it would be the responsibility of the Freinds Of Sandoway to make any necessary reroofing if it is needed at this time. -8- 06/18/96 9.D. REPORT FROM BRAHM DUBIN CONCERNING THE PALM ACTS CON- TRACT. Brahm Dubin, summarized his business plan for the tennis center. He indicated that first and foremost it is a tennis center, second it was agreed to hold sporting events and thirdly to hold concerts, but we must find a balance between tennis and maximize profits. He said he met with Palm Acts and it was mutually agreed that they would like to renegotiate their contract noting the following changes: a $3,000 flat fee, no utilities no clean up on the part of the City; an accepted event during the Delray Affair; that the 6 month advance notice is not feasible; that adhering to the 11:30 p.m. curfew is a problem especially with concerts; 10% of the gross not 10% of net; the stage is inadequate; the City Manager should have full authority to approve events; and events should be held during the week as well as on the weekends {one and two tier groups), with a maximum of 10 tennis events with 10 other events a year, arrangements can be made with Lavers for the tennis patrons during events as needed. It was the consensus of the Commission to proceed negotiations with Palm Acts and to bring a contract to the Com- mission at the July 9, 1996 meeting. 9.E. FINAL PLAT/STRATFORD ATTA BOWE REPLAT: Consider ap- proval of the Stratford Atta Bowe Replat, which creates two lots from three existing lots located at the southeast corner of Swinton Avenue and N.E. 3rd Street. One of the lots will be non-conforming as to width and requires a finding of necessity and appropriateness. 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 Deputy City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, gave a brief report regarding the final plat for Stratford Atta Bowe Replat. She noted that the size of both the conforming (80') and nonconform- ing (70') lots exceed many of the lots located in the vicinity of the property. Most of the lots along North Swinton Avenue vary greatly, from large estate-type parcels to lots of 50 or 60 feet in width with single family homes. This proposal will establish a single family home and an office development, both on adequate- ly sized lots. Given the reduction of overall lots from three to two, dimensional restrictions of the 150' width, and compatibili- ty with adjacent lots, the required finding can be justified. -9- 06/18/96 There being no one else who wished to give testimony, the hearing was closed. Mr. Ellingsworth moved to approve a finding that is necessary and appropriate to create a non-conforming lot (Lot 2) based upon the existence of similarly sized lots along North Swinton Avenue, the variation of lot sizes along Swinton Avenue, and the reduction from three lots to two, and approve the Stratford Atta Bowe replat as submitted, 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. 9.F. SETTLEMENT/BENSON V. CITY: Consider settlement of the referenced matter as recommended by the City Attorney. Mr. Egan moved to approve the settlement offer of $7,500 for Benson v. the City as recommended by the City Attor- ney, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - No; Mayor Alperin - No. Said motion failed with a 3 to 2 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 96-1 (QUASI- JUDICIAL BEARING): Authorize transmittal of Comprehen- sive plan Amendment 96-1 to the State Department of Community Affairs for review. Amendment 96-1 includes: 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. John Walker, Project Coordinator, gave an overview of the transmittal hearing for Comprehensive Plan Amendment 96-1 and entered the project file and all pertinent documents relating to the Comprehensive Plan Amendment 96-1 into the record. Mr. Walker explained that the action before the Commis- sion in the transmittal hearing of Plan Amendment 96-1 is to decide which items will be in the list of items to be transmitted to the State for their review. This is not a final approval of a redevelopment plan, a high density residential area, or a specif- ic development project. If approved tonight, Mr. Walker stated that these items will be sent to the Department of Community Affairs for a review relative to the Growth Management Act. The -10- 06/18/96 State will then send their comments to the City which takes approximately sixty (60) days. The Deputy City Clerk swore in those individuals who wished to give testimony on the following items: (1) Future Land Use Map amendment from County Industrial to City Transitional for a 4.30 acre tract of the Hardrives property located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road. Paul Dorling, Principal Planner, stated that the first item relates to a 4.30 acre portion of the Hardrives property. On December 5, 1995, the Commission annexed approximately 12.23 acre portion of the Hardrives property located on the east side of Congress Avenue, which included this 4.30 acre parcel. At that same meeting, the Commission applied a City FLUM and City zoning designation of industrial to the north 7.93 acre portion of that property. The balance of the property while annexed into the City by that action retained its County FLUM designation of industrial and zoning designation of light industrial. This scenario is followed to accommodate an accelerated development schedule relating to the relocation of the communication towers from the west side of Congress Avenue to the east side. The accelerated schedule was accommodated through a small scale amendment process which has a limit on the amount of land that can be associated with that amendment. Therefore, this piece was not included. The Planning and Zoning Board formally reviewed this item at their June 10, 1996 meeting. There was no public testi- mony and the board recommended a 6-0 vote to include this in the transmittal. (2) Future Land Use Map amendment from County Indus- trial to City Transitional for a 9.00 acre tract of the Hardrives property located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. Another piece before the Commission is a 9.00 acre portion on the west side of Congress Avenue. On December 5, 1995, the Commission annexed this piece also and applied to a 6.52 acre portion of that property a City FLUM of transitional and a City zoning designation of Planned Office Center (POC). The 9.00 acre piece retained its County FLUM designation of industrial and a County zoning of commercial high office. This scenario was to accommodate an accelerated development schedule for Office Depot Phase I. The Planning and Zoning Board consid- ered this item at their June 10, 1996 meeting. There was no public testimony and the board recommended a 6-0 vote to transmit this portion with 96-1. -11- 06/18/96 Doug Gordon, representing Hardrives, stated he is happy to answer any questions if necessary. Mr. Ellingsworth moved to transmit Items 10.A.(1) and 10.A. (2), seconded by Ms. Kiselewski. 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. (3) Future Land Use Map amendment from Redevelopment Area #4 to Medium Density Residential (5-12 du/ac) in part, General Commercial in part, and Transi- tional in part, in conjunction with the implemen- tation of the Silver Terrace Redevelopment Plan, located south of S.E. 10th Street, east of Dixie Highway, west of U.S. Highway No. 1, and north of the Delray Mall. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's project file and all pertinent documents relating to the FLUM amendment. There being no one else who wished to give testimony, the hearing was closed. Mr. Ellingsworth moved to transmit Item 10.A.(3), 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. (5) Amendment to the text of the Future Land Use Element, changing the description of the General Commercial Use category to allow for limited light industrial uses within the Geographic area bounded on the west by Dixie Boulevard, on the east by North Federal Highway between Lake Avenue (N.E. 14 Street) and the north City limits. The Deputy City Clerk swore in those individuals wish- ing to give testimony on this item. Diane Dominguez, Planning Director, John Walker, Project Coordinator, and Chris Brown, Executive Director of the CRA, gave an overview of the amendment to the text of the Future Land Use Element, changing the description of the General Commer- cial Use category to allow for limited light industrial uses. The following individuals spoke in favor of this rezon- ing: -12- 06/18/96 David Turner, owner of a piece of commercial property on North Federal Highway, stated that when he came to the City in 1989 his property had been an Adult Book Store. He feels the change proposed for North Federal Highway is very much an important part of what he always thought of Delray when he first came into the City. He stated that after getting his business going, someone called him and expressed her anger for him opening a John Deere store. He feels if North Federal Highway can be cleaned up and the correct zoning is used, then we can get the tax base to sustain all people. Bob Herrinq, Prudential Florida Realty, stated that he is strongly in favor of this proposal and feels that overall it makes good common sense. Further, he stated this is the right and appropriate use for the properties along Federal Highway and feels the use will be used to its full potential. Inqrid Kennemer, Prudential Florida Realty/Commercial Department, read letters from the owners of properties along the Federal Highway corridor who fully support the proposal but that have not had an opportunity to get their information to the Commission. Earl Pierce, speaking on behalf of his wife's family who own property at 2210 North Federal Highway (a/k/a Morey's Tool Chest), stated this property was a viable business up until about seven or eight years ago at which time it suffered due to lack of business. As a result, the business was closed last July and has been vacant ever since. He stated the property is dete- riorating and would like to see something done to save the prop- erty. He would like to see the progress in Delray continue and encouraged the Commission to see this proposal in a positive man- ner. Lenora Watchel, owner of a commercial piece of property in the area, is very much in favor of the rezoning and feels this area of Delray could use some renewing and rejuvenating. She stated that this new zoning will help encourage development in the area. Further, she stated that if there is more development in the area then there is more excitement, more prosperity, and more taxes for the City. Arthur Taylor, owner of O.C. Taylor, feels that this area along Federal Highway is a deteriorated version of the 1950's. He stated there are several vacant buildings along Federal Highway and those businesses which depend on local people business. He urged the Commission to take advantage of the situation and consider this rezoning. Richard Desanctis, owner of H&H Carpets, located at 2004 North Federal Highway, supports the City during this situa- tion. In addition, he stated that he has done everything in his power to maintain his business but there is absolutely no revenue from this area. -13- 06/18/96 Louis Carbone, owner of Dee Car Patio Factory Outlet located at 2000 North Federal Highway, feels people need to look at this zoning change and adding this light industrial as a necessary amendment to the zoning code because it allows some more flexibility and uses. The following individuals spoke in opposition of the rezoning: Jean Beer, 945 Tropic Boulevard, stated she has a problem with doing land use amendments before the plan is actual- ly completed. She feels that the Comprehensive Plan Amendment 96-1 is being rushed. Alex Speer, 900 Bond Way, stated that by changing the description of the general commercial use category to allow for limited light industry will only expose important community assets to harmful development. Fred Ebner, 710 Bond Way, stated he cannot fit together a light industry use with traffic along with a high residential area. He stated it seems that the light industry may work; however, until this development goes somewhere, there are too many changes going on to continue. Sandy Morrissett, 318 Palm Trail, reiterated that from a public perception standpoint, perhaps it would be more helpful when presentations are made that if the Planning and Zoning staff or the CRA has specifics in mind, that they be kind enough to share it with the public. He stated this way the public can have more input when it is appropriate. Stanley Milosky, 610 Allen Avenue, feels that some of the North Federal Highway businesses have always been against the residents wishes to improve the area, against annexation and against paying taxes to the City. He feels that the businesses along the Federal Highway corridor are only looking after their own financial interests. He stated that the zoning change would only downgrade the area and urged the Commission to vote against these proposals. Discussion by the Commission ensued. Mayor Alperin stated that his biggest concern is the definition of the light industrial. Mr. Egan clarified that this will come back to the Commission for all the specifics. Ms. Dominguez explained that this will come back before the Commission as a text amendment for the general commercial zoning district. Mr. Randolph asked if was anticipated that there would be any height adjustments in this area? In response, Ms. -14- 06/18/96 Dominguez stated that there are no proposals to increase the height restrictions in the area. Mr. Egan moved approval to transmit Item 10.A.(5), 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. (6) Future Land Use Map amendment from General Commer cial to Commercial Core for 9.157 acres located east of the F.E.C. Railroad, south of N.E. 7th Street, north of N.E. 4th Street, and approximate- ly one-half block east of N.E. 6th Avenue. The following individual spoke in opposition: Jeff Walsh, co-owner of Delray Kawasaki, owns five lots just south of his existing building. He is in the process of trying to build a new dealership, to move watercraft and an ATV, and get outside storage. Mr. Walsh needs to build this building in order to develop this piece which currently has an old metal building on it. If the zoning is changed, it will make it diffi- cult for him to do this. Diane Dominguez, Planning Director, briefly explained the proposal of the Future Land Use Map amendment from General Commercial to Commercial Core for 9.157 acres located east of the F.E.C. Railroad. Mr. Ellingsworth moved that Item 100A. (6) not be transmitted at this time, seconded by Ms. Kiselewski. 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 not to transmit passed with a 5 to 0 vote. (4) Amendment to the text of the Future Land Use Element, creating a high density residential land use category for use in limited situations. (7) Future Land Use Map amendment from Medium Density Residential (5-12 du/ac) to High Density Residen- tial (12-24 du/ac) for the 17.46 acre Yake proper- ty located approximately 850 feet east of U.S. Highway No. 1, north of Denery Lane, south of Allen Avenue, and Immediately adjacent to the Intracoastal Waterway. The following individuals spoke in favor of the amend- ment to the text of the Future Land Use Element, creating a high density residential land use category, and the Future Land Use Map amendment from Medium Density Residential to High Density Residential for the 17.46 acre Yake property: -15- 06/18/96 Louis Carbone, owner of Dee Car Patio Factory Outlet located at 2000 North Federal Highway, briefly addressed the issue of the high residential zoning district. He feels the amendment as it is set forth provides certain requirements that have to be met, certain safeguards, and buffers which have to be met. He feels it would allow middle income families to move into the area, provide increased consumer base for businesses in the area, and encourage current business owners to improve and stabi- lize their properties. In essence, he feels it will not only improve the property values, but will bring more people to the area allowing for more growth in the City. Ingram Kennemer, Florida Realty, stated that two prop- erty owners asked that their letters be read publicly. In their letters, the property owners encouraged the Commission to support the amendment to the list of the Future Land Use Element and Future Land Use Map Amendment. Michael Weiner, 102 North Swinton Avenue, stated that in the past the City has been an experimenter in zoning and has been quite successful. He feels unless the City does something similar in this particular area, then there is likely to be no progress in Delray whatsoever. Sue Ellen Sussman, owner of a commercial piece of property adjacent to the area, stated she purchased this property ten years ago with the hopes that this area would revitalize. She feels that the commercial situation in this area is despica- ble and urged the Commission to favorably look at this rezoning. Further, she feels that this type of rezoning could only add to the property values of the residents in the area. Bill Wood, President of the Delray Beach Chamber of Commerce, expressed his support for the rezoning. He stated this is clearly an economic development issue and feels by having a higher density development in this particular area of the City, does not only make smart economic sense, but will also help to create economic stability for the North Federal Highway corridor. He encouraged the Commission to submit the language necessary so that specifics of this upscale project can be discussed. Herb Watchel, physician, echoed some previous comments that things have gone downhill and business has been deteriorat- ing in Delray Beach. He stated it is quite evident that the businesses in this area are not doing well and feels the only way Delray Beach can be revitalized is by increasing the population base. Gladys Granite, owner of a piece of property on Federal Highway, expressed support for the development of this property and feels the Commission should continue making Delray Beach a great city. In addition, she would consider moving into this area. Robert Johnson, represents a group who purchased two pieces of property on Atlantic Avenue, stated that the excitement created by what Delray has been doing and the commitment to revitalizing this area is what will dictate how much he can accomplish. He feels the residential project will be an opportu- nity to bring more consumers to the area and strongly supports this project. Jim Tallbacka, 1001 Palm Trail, urged the Commission to be careful of any specific project that gets proposed so that it does not affect the residential neighborhood. If that is the case, then he is strongly in favor of having more people move to Delray Beach. Eric Kovar, ZOM Development in Winter Park, spoke in favor of the land use amendment in general. He thanked the City and the CRA for the opportunity to share information and overall feels that this is progressive manage growth done properly. Arthur Taylor, owner of O.C. Taylor, stated that this is overall a significant benefit to the City. He pointed out that Meisner Park in Boca Raton is a perfect example of what could happen with Delray Beach as far as the rejuvenation of the area. Lenora Watchel, commercial real estate broker, stated that one of the most popular developments today is the luxury higher density rental apartments. She feels this would have a positive influence on the community. At this point, Mayor Alperin reiterated that what is currently being discussed is not a specific project or a zoning for owner occupied or rental. He emphasized that this is strict- ly a density zone issue. Dan Burns, Chairman of Council 100, stated that the City needs to significantly improve this area. The following individuals spoke in opposition of the proposal for the Future Land Use Element and the rezoning: Sandy Morrissett, 318 Palm Trail, strongly disagrees with changing the underlying land use map area without specific definition either in land development regulations or a zoning ordinance prepared in advance. Overall, he stated the basic problem is that the City is considering changing the underlying land use map from 12 to up to 24 units per acre in the mist of existing low density residential. Linda Merkel, 1204 N.E. 8th Avenue, briefly explained why she feels the Yake Property should be separated out. She urged the Commission to hold more meetings to include members of the area and not be rushed into this project. Further, she expressed concern that this project may bring a transient nature -17- 06/18/96 of tenants to the area and that they will not be community build- ers. Jean Beer, speaking on behalf of PROD, reiterated that there is no reason that the delay of sixty (60) days should be considered a great problem and urged the Commission to consider not rushing with this issue. Helen Coopersmith, Director of PROD, strongly disagrees with creating a high density residential land use and expressed concern over the affect this may have on the traffic and road access. She stated if used for general traffic, this would bring multiple family through single family neighborhoods which is not consistent with the Comprehensive Plan. She feels it is not logical planning to go from commercial to single family, and then place the highest density behind it. Fred Ebner, 710 Bond Way, explained that these are two totally separate items. He feels what is being proposed is a change to the Comprehensive Plan that will affect the entire area. He stated that economic development is a good goal for Delray but not at the cost of destroying a good neighborhood. Janis Barengrugge-Young, 915 Bond Way, agrees that the North Federal Highway corridor needs to be improved, however, she stated that many of the businesses that use to be there are long gone and those properties have fallen into disrepair. She stated that the City may want to find someone who is willing to build single family homes so that the neighborhood will not be disrupt- ed and suggested that the Commission consider putting high densi- ty buildings along Federal Highway. Further, she feels there must be a much better solution than putting up to 24 units per acre on this piece of property. Chris Rich, speaking on behalf of his family, friends, and neighbors, strongly opposes the proposed high density resi- dential land use. He feels this is a prime piece of real estate that will eventually sell because of the location. Mr. Rich urged the Commission to support the residents. Alex Speer, 900 Bond Way, feels the land use map amend- ment has gotten out of control and because of 95-2 amendment, the North Federal Highway corridor now includes her neighborhood which falls under the same use as the Yake property. She stated that Chris Brown, Executive Director of the CRA, has referred to her neighborhood as "blighted" even though it is bounded on two sides by one of the most exclusive neighborhoods in the county. She stated that this plan has not been properly thought out and feels it will only promote those people who currently live in single family houses to move out west. She feels it has been proven that development does not pay and high density brings higher crime. -18- 06/18/96 A1 Brock, 740 South Lake Avenue, feels that there is an underlying goal to wipe out the residential section adjoining the Yake property all the way back to Federal Highway and down to George Bush Boulevard at least to Bond Way. He stated that when his neighborhood was annexed approximately eight years ago, the neighborhood was promised storm sewers, sidewalks, and curbing, among other things. To this date, the neighborhood is still waiting. Michelle McMinn, 1750 Palm Trail, stated that her house is directly north of the Yake property and feels progress is great as long as people respect other people in the area. She stated that it is almost essential that this property be devel- oped at some point and reiterated that people need to be more sensitive as to how things are done. Stewart King, 1204 N.E. 8th Avenue, expressed concern over the traffic that could be generated by creating a high density residential land use. He suggested that the City look into building more single family homes more expensive than the ones there, since the area is currently a single family residen- tial neighborhood. Bill Koch, Mayor/Town of Gulf Stream, objects to the Commission rushing into presenting this Comprehensive Plan Amend- ment 96-1 as it is presented. He feels the City is doing a disservice to the community by submitting the Comprehensive Plan to the State without having the criteria first. Scott Harrington, Town Manager/Town of Gulf Stream, thanked the City staff for all their cooperation and help. He stated that high density when located properly can be an excel- lent redevelopment tool. He feels that although this may be a good concept, it may not be such a good application. In addi- tion, he requested that his letter dated June 7th be made a part of the record and transmitted to DCA and the Treasure Coast. Stanley Milosky, North Federal Highway Task Team, read into the record a petition with approximately 200 signatures of homeowners and residents in the North Federal Highway area, which was presented to Chris Brown, Executive Director of the Community Redevelopment Agency. Mr. Milosky urged the Commission to vote against any changes to the Comprehensive Plan Amendment now or in the future land use amendment as proposed by the Planning and Zoning Department and the CRA. Discussion by the Commission followed. Ms. Kiselewski had specific questions and concerns about redevelopment plans in general. She asked if redevelopment plans can be changed and if the redevelopment plans for Silver Terrace and West Atlantic are complete? Ms. Dominguez stated those are complete, however, the West Atlantic Avenue Plan did have a Phase II that was proposed. Basically, the redevelopment -19- 06/18/96 plan for West Atlantic Avenue is adopted and the uses that have been specified and the limitations on the commercial and the residential have been established in that plan. Taking this into consideration, Ms. Kiselewski stated then the only remaining redevelopment areas in the City are North Federal Highway. Ms. Dominguez stated North Federal Highway is not a designated rede- velopment area in the sense that it does not have a redevelopment area land use designation. Mayor Alperin asked if the City has a completed North Federal Highway redevelopment plan? In response, Ms. Dominguez stated that at this time, the City does not have a completed redevelopment plan, however, it will be completed before the text amendment. In addition, Ms. Dominguez stated staff is trying to present the basics of the redevelopment and before the Commission this evening are the basic proposals for the redevelopment plan. Mr. Randolph asked if this amendment was not included in 96-1 and a similar project was to be proposed, what is the time frame that the project would ordinarily be placed in a plan such as this one. Ms. Dominguez stated that the City first started talking to developers about the Yake Property and in- creasing the density approximately one year ago. Ms. Dominguez stated this is a very lengthy process and could take several months, or possibly up to a year. Although Mayor Alperin stated he would support sending the plan to the State for evaluation, his biggest concern is that there is no redevelopment plan for North Federal Highway in place before this Comprehensive Plan Amendment 96-1 is approved. Ms. Kiselewski agrees with Mayor Alperin but feels there is still a lot of work to be done. She is uncomfortable that residences are being pitted against businesses and is con- cerned about the upper number of 24 of the land use density. For a developer to meet all the performance standards and stay within the 35 foot height limit is going to be extremely difficult to do in the 24 units per acre. Ms. Kiselewski suggested a density of 6-18 units per acre because she feels it would make more sense. Mr. Ellingsworth expressed his thanks to staff for all the new innovating ideas for redevelopment. He stated that under normal circumstances he would support this proposal; however, the circumstances are not normal. The performance standards would be in place before there is any discussion regarding the density. In his opinion, Mr. Ellingsworth stated it is almost physically impossible to put 24 units on 43,560 square feet without compro- mising either height, set-back, number of parking places, or open space. He feels a compromise should be made and suggested that the Commission consider 18 units per acre instead of 24 units per acre. Mr. Ellingsworth moved to transmit 10.A. (4) and 10.A. (7) subject to the density change of 24 units to 18 units per -20- 06/18/96 acre, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve the transmittal of Com- prehensive Plan Amendment 96-1 as amended and voted upon individ- ually and collectively, 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. 10.B. 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. 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. 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- 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) Assistant City Attorney Tolces read the caption of the ordinance. 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 public hearing was closed. Ms. Kiselewski moved to adopt Ordinance No. 24-96 on Second and FINAL Reading, 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately following Public Hearinqs. -21- 06/18/96 ll.A. City Manager's response to prior public comments and inquiries. In response to Mr. Kamarata's prior inquiry regarding sidewalks and curbs in the Tropic Palms subdivision, the City Manager stated that the estimate to install sidewalks throughout the area would cost approximately $165,000. Per City Policy, 51% of the homeowners in the area would have to agree to pay half the cost of the sidewalks. Tentatively, the City has added this item to the five year Capital Improvement Program; however, it is a low priority project. If the streets are curbed, however, a closed storm sewer drainage system is needed. Based on what has been spent in some other sections of the City, the City Manager expects that this project would cost between $3-5 million dol- lars. The City Manager feels that this project would be very costly and pointed out that there are very few areas throughout the City that have curbs. In regards to putting in a children's park at the corner of Curlew and Albatross Roads, the City Manager stated that this would add an access to the Leon Weekes Environmental Preserve. There are two vacant lots available and if the Commis- sion is interested in possibly acquiring the lots then he would need direction from the Commission. Currently, the City Manager stated that the lots appraise at $34,000. Mayor Alperin asked if the $34,000 is per lot or for both lots together? In response, the City Manager stated that this is unclear; however, he be- lieves it is for both lots. ll.B. From the Public. ll.B.1. Joe Kamarata, 764 Avocet Road, thanked the City Manager for looking into the children's park for the Tropic Palms area. In regards to the curbs, Mr. Kamarata explained that he is asking for a type of curb that acts more like a gutter, not an actual curb. Further, he asked the City Manager about pursuing the sidewalk issue and whether or not he should proceed with a sidewalk survey to see who in the Tropic Palms subdivision is in favor of having a sidewalk. The City Manager suggested that Mr. Kamarata go ahead and proceed with the sidewalk survey to see if 51% of the residents are willing to pay half. 11.B.2. Willie Ports, Jr., 634 Angler Drive, stated that he has a contract for Shirley Caesar to give a gospel concert at the tennis center. Mr. Potts feels that many people in the community would support the gospel concerts, however, he has encountered too many road blocks trying to contact Palm Acts. Assistant City Attorney Tolces stated that he has been working with Mr. Ports regarding this matter. Under the current contract with Palm Acts, the City needs to get Palm Acts consent in order for Mr. Potts to hold this event. Mr. Tolces stated that he and Mr. Potts have had difficulty in getting together -22- 06/18/96 with Palm Acts. Currently, there has been no response from Palm Acts so that is the reason Mr. Tolces suggested that Mr. Potts come and state his problem to the Commission. The City Manager suggested that since Mr. Dubin is currently in negotiations, the City should ask him to address this issue as part of the total package. ll.B.3. Ed McCall, 3909 Maurice Drive, commented about the ABC Carpet contract and distributed an article to the Commission from the June 14, 1996 issue of The South Florida Business Journal. The article pertains to the states of war between the Federal and State authorities. The article goes on to explain how economic incentive plans are detrimental to the states and small business- es. Currently, Mr. McCall stated that the legislature is trying to stop economic incentive plans. Secondly, he inquired about the legal ramification and validity of the contract between the City and ABC Carpet and commented that apparently no official City position has been established as of yet. At this point, he does not know of any appeal process, but asked the City Attorney for advice. Mayor Alperin stated that the only response to this would be if one of the Commissioners would like to discuss this matter it would have to be discussed at a workshop meeting. 12. FIRST READINGS: 12.A. ORDINANCE NO. 21-96: An ordinance adopting the 1994 Standard Building Code and amending Chapter 7, "Building Regula- tions'', of the Land Development Regulations to conform with its provisions. If passed, public hearing July 9, 1996. The City Manager presented Ordinance No. 21-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE 1994 STANDARD BUILDING CODE AND AMENDING CHAPTER SEVEN, "BUILDING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, TO CONFORM WITH THE PROVISIONS OF THE 1994 STANDARD BUILDING CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 21-96 is on file in the official Ordinance Book) Mr. Egan moved to approve Ordinance No. 21-96 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. -23- 06/18/96 Egan Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to Item 9.G. of the Regular Agenda. 9.G. SETTLEMENT/GLORIA KEISER V. CITY: Consider settlement of the referenced matter as recommended by the City Attorney. City Manager recommends denial. Ms. Kiselewski moved to deny the settlement offer for Gloria Keiser v. the City as recommended by the City Manager, 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 to deny passed with a 5 to 0 vote. 9.H. CONTRACT ADDITION/LAKE IDA ROAD WATER MAIN: Consider approval of a contract addition in the amount of $60,554.50 to the City's interlocal agreement with Palm Beach County for the relocation of utility mains in conjunction with the County's widening of Lake Ida Road between Congress Avenue and N.E. 2nd Avenue. Funding from 442-5178-536-61.85 through budget transfer from 61.78. The City Manager explained that this is before the Commission to consider approval of a contract addition in the amount of $60,554.50 to the City's interlocal agreement with Palm Beach County for the relocation of utility mains in conjunction with the County's widening of Lake Ida Road between Congress Avenue and N.E. 2nd Avenue. The additional work consists of sleeves and services to accommodate median irrigation and rein- forcement of gravity sewers, upgrading a six inch water main between Swinton Avenue and the easterly construction limit. Mr. Randolph moved to approve the contract addition in the amount of $60,554.50, 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.I. CONTRACT ADDITION/GOLDEN EAGLE ENGINEERING CONTRACTORS, INC.: Consider approval of a contract addition in the amount of $64,020 and a two week time extension to Golden Eagle Engineering Contractors, Inc., as part of the East Atlantic Avenue improve- ment project, for installation of piping within East Atlantic Avenue for future connection to a proposed barrier island efflu- ent reuse system. Funding from 441-5181-536-63.90 through budget transfer from 99.01. The City Attorney noted a correction to the second set of numbers in the funding source. The funding source was amended to read 441-5181-536-63.90. -24- 06/18/96 Mr. Ellingsworth expressed concern over the two week time extension and asked whether or not it is absolutely neces- sary to have the extension in order to complete the project. Dan Beatty, City Engineer, explained that the contrac- tor is a little behind schedule due to rain, however, not to the extent where it is going to pose an encroachment into season with having usable facilities (a paved road and paved or brick side- walks). There may still be some residual landscaping work being done, along with installation of sprinkler heads, etc. However, the primary facilities, being the roadway and sidewalks, will be completed and should not cause the completion of those items to be pushed into season. Mr. Ellingsworth asked with this extension, to what date will this take the termination of the contract? In response, Mr. Beatty stated the final completion was originally scheduled for October 19, 1996, however, the project will now be pushed into the next month with a final completion to be around the second week in November. Mr. Ellingsworth moved to approve a contract addition in the amount of $64,020 and a two week time extension to Golden Eagle Engineering Contractors, Inc., 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.J. CONTRACT ADDITION (C.O. ~I)/SUNSHINE PAINTING: Consid- er approval of a contract addition (C.O. #1) in the amount of $187,265.96 to Sunshine Painting for the remaining filter media replacement at the Water Treatment Plant, with funding from 442-5178-536-61.46 through budget transfer from 61.36. Mr. Egan moved to approve the Contract Addition (C.O. #1) in the amount of $187,265.96 to Sunshine Painting for the remaining filter media replacement at the Water Treatment Plant, 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.K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (layperson) to the Code Enforcement Board to fill an unexpired term ending January 13, 1999. Appointment by Commissioner Randolph. Mr. Randolph moved to appoint Martin Bellsey as an alternate member (la]person) to the Code Enforcement Board to fill an unexpired term ending January 13, 1999, 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. -25- 06/18/96 9.L. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board for a two year term ending July 1, 1998. Appointment by Commissioner Egan. Mr. Egan moved to appoint Donald Allgrove 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: 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. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a member to the Police and Fire Board of Trustees for a two year term ending June 30, 1998. Appointment by Commissioner Kiselewski. Ms. Kiselewski moved to appoint Robert Levitt as a member to the Police and Fire Board of Trustees for a two year term ending June 30, 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.N. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION: Designate a voting delegate to the 70th Annual Convention of the Florida League of Cities to be held August 8-10, 1996, at Boca Raton. Mr. Randolph moved to designate Commissioner Ken Ellingsworth as a voting delegate to the 70th Annual Convention of the Florida League of Cities to be held August 8-10, 1996, at Boca Raton, 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. 9.0. RESOLUTION NO. 53-96/SCHOOL CONCURRENCY ISSUE: Consid- er a resolution adopting the position of the Palm Beach County Municipal League with regard to the School Concurrency Issue. The City Manager presented Resolution No. 53-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE POSITION OF THE PALM BEACH COUNTY MUNICIPAL LEAGUE, INC. WITH REGARD TO THE SCHOOL CON- CURRENCY ISSUE; REQUESTING THAT EACH AND EVERY OTHER MUNICIPALITY IN PALM BEACH COUN- TY, THE BOARD OF COUNTY COMMISSIONERS AND THE PALM BEACH COUNTY SCHOOL BOARD ADOPT THE SAME POSITION IN ORDER THAT WE MAY ALL WORK TO- GETHER TOWARD ACHIEVING QUALITY EDUCATION IN PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. -26- 06/18/96 (Copy of Resolution No. 53-96 is on file in the offi- cial Resolution Book) Mr. Randolph moved to approve Resolution No. 53-96, 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 No. Said motion passed with a 4 to 1 vote. 9.P. SPECIAL EVENT APPROVAL - SUMMER NIGHTS: Consider request from Joint Venture to grant temporary use permit, provide staff support, and waive overtime costs up to $5,000. The City Attorney stated there was also a last minute request from Joint Venture for the use of the City Logo. Mr. Ellingsworth moved to approve the the Joint Venture request to endorse the Summer Nights program, grant a temporary use permit, approve road closures, provide staff support, waive overtime costs up to $5,000, and the use of the City logo, sec- onded by Mr. Egan. Upon roll call the Commission voted as fol- lows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - 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 stated that the Outback Steakhouse provided an "appreciation luncheon" for people that had supported Pine Grove Elementary School. Pine Grove Elementary School presented the City with a plaque in appreciation for the many things the City has accomplished for Pine Grove Elementary School. Secondly, the City Manager informed the Commission that there is a minor money problem that has arisen with the 4th of July Fireworks. The contract with the Fireworks company allowed up to $6,000 for the barge and because of the new Coast Guard requirements on barges the best price they can get is $11,000. There was talk of reducing the show by $5,000; however, the City is concerned with the impact this would have. The Downtown Joint Venture has asked the City for support to help make up the $5,000 gap. The City Manager stated he received the financial report for May and the Finance Department is projecting a surplus of $433,000. Mr. Egan commented that the Downtown Joint Venture is raising $30,000. The City Attorney stated that she believes the City is currently contributing $8,000. Mr. Egan stated he is in full support of the City contributing an additional $5,000 to the Downtown Joint Venture. The City Manager stated that the Down- -27- 06/18/96 town Joint Venture could probably raise the money on their own if there was more time. Mr. Ellingsworth asked Mr. Egan what the total figure is for the fireworks? In response, Mr. Egan stated the total figure is around $35,000. He further stated that the City is actually getting a $50,000 fireworks show for $35,000. After discussion, it was the majority consensus of the Commission to support the Downtown Joint Venture with an addi- tional $5,000. Lastly, the City Manager announced that he will be leaving Friday on vacation for two weeks. 13.B. City Attorney The City Attorney announced that Assistant City Attor- ney Tolces is getting married on Sunday. 13.C. City Commission 13.C.1. Mr. Ellingsworth Mr. Ellingsworth had no comments or inquiries. 13.C.2. Mr. Eqan Mr. Egan had no comments or inquiries. 13.C.3. Ms. Kiselewski Ms. Kiselewski had no comments or inquiries. 13.C.4. Mr. Randolph Mr. Randolph had no comments or inquiries. 13.C.5. Mayor Alperin Mayor Alperin commented that he is trying to move the meetings along as quickly as possible and appreciates any recom- mendations and/or suggestions the Commission may have. There being no further business, Mayor Alperin declared the meeting adjourned at 10:30 P.M. - City ~erk r 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 18, 1996 which minutes were formally approved and adopted by the City Commission on ~,~,~ ~ /q~ C~y Clerk 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. -29- 06/18/96