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09-03-96 SEPTEMBER 3, 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, September 3, 1996. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Mayor Jay Alperin Absent - Commissioner David Randolph Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Bernard Pecaro, St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. At this point, Mayor Alperin informed the Commission and members of the audience about the passing of Mr. Sam McGhee, the founder and creator of the T.E.D. Center and a true friend of the City. A wake will be held Friday evening, September 6th, at St. Paul's A.M.E. Church, with the funeral to take place on Saturday morning, September 7th, at 11:00 a.m. 4. Agenda ADproval. Mr. Egan moved to approve the agenda as submitted, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 5., Approval of Minutes: Ms. Kiselewski moved to approve the Minutes of the Regular Meeting of August 20, 1996, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.A. Kids Day America - SeDtember 28, 1996. Mayor Alperin read and presented a proclamation in recognition of Kids Day America on September 28, 1996, dedicated to the efforts of Doctors of Chiropractic in helping educate all citizens, including children, on the importance of health, safety and environmental issues affecting our community. Dr. Peter Vapnek and Dr. Lynn Migdal came forward to accept the proclama- tion. 7. Presentations: None. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. INTERLOCAL AGREEMENT WITH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING SERVICES: Approve an Interlocal Agreement between the City and the Community Redevelopment Agency for planning services. 8.B. INITIATION OF REZONING/SANDOWAY HOUSE: Initiate the rezoning of the County-owned Sandoway House property at 142 South Ocean Boulevard from RM (Medium Density Residential) to CF (Community Facilities) District. 8.C. INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD FOR THE SEACREST PROPERTY: Approve the revised interlocal agreement between the City and the School Board of Palm Beach County for the Seacrest Property. 8.D. RATIFICATION OF SCRWTD BOARD ACTION: Ratify SCRWTD Board action of August 29, 1996 entering into contract in the amount of $100,429 with Centerline Utilities Contracting Corp. to install approximately 1,900 feet of 30" reuse water line through The Isles at Hunter's Run on an emergency basis. 8.E. RATIFICATION OF SCRWTD BOARD ACTION: Ratify SCRWTD Board action of August 29, 1996 expending $5,600 from sinking fund to replace demister balls, sheaves and balance impellers in odor abatement scrubbers and blowers on an emergency basis. 8.F. RATIFICATION OF SCRWTD BOARD ACTION: Ratify SCRWTD Board action of August 29, 1996 obtaining easement by gift or purchase from owners of Lots 209 and 210 at Pine Tree Golf Club for installation of reuse water system and expending up to $5,000 per lot to obtain easement. 8.G. RATIFICATION OF SCRWTD BOARD ACTION: Ratify SCRWTD Board action of August 29, 1996 permitting the Executive Director to purchase approximately 1,900 lineal feet of 30" ductile iron pipe at a price not to exceed $96,900 to be utilized for the reuse water line through The Isles of Hunters Run. 8.H. SPECIAL POWER OF ATTORNEY/EMS CONSULTANTS, LTD.: Approve granting Special Power of Attorney to Richard A. Tibbetts of EMS Consultants, Ltd. for the sole purpose of representing the Fire Department at Medicare hearings regarding the denial of payment for ambulance service. -2- 9/03/96 8.I. AGREEMENT WITH SCHOOL BOARD/POLICE OFFICER AT DELRAY FULL SERVICE CENTER= Approve an agreement with the School Board of Palm Beach County for the assignment of a Delray Beach Police Officer to the Delray Full Service Center. 8.J. 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 August 19 through August 30, 1996. 8.K. AWARD OF BIDS AND CONTRACTS= 1. Purchase to Alco Engineering Division for replace- ment cylinder units and parts to rehabilitate the Pneumatic Cylinder System located at the Water Treatment Plant, in the amount of $14,063.40 from 442-5178-536-46.90. 2. Bid award to Photoline Supplies for various photographic supplies via City of Boca Raton bid, at an estimated annual cost of $19,150 from various departmental operating budgets (#34.70). 3. Bid Award to Hardrives of Delray, Inc. for the Merritt Park project; consisting of removal of existing roadway, relocation of signs and fencing to facilitate construction of a 1400 square yard parking area, landscaping, design/ build irriga- tion system, curbing, sidewalk construction, basketball goals, and chain link fencing and gates, in the amount of $54,616.70 from 334-4120-572-63.10. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. TRANSFER JURISDICTION OF N.E. 4TH STREET BETWEEN SWINTON AVENUE AND N.E. 6TH AVENUE: Consider transferring the jurisdiction of N.E. 4th Street between Swinton Avenue and N.E. 6th Avenue, from Palm Beach County to the City. The City Manager explained that it was recently brought to staff's attention that the current road widening project on N.E. 4th Street includes the installation of guard rails between the curb and the trees east of Pineapple Grove Way (N.E. 2nd Avenue). The guard rails are shown on the plans. Further, he had been under the impression that N.E. 4th Street between Swinton Avenue and N.E. 6th Avenue is a City street and that is 3 9/03/96 why the City paid for the work. That is not the case; it is a County road. It appears the City agreed to fund the work in order to get it done. There was concern that if the four-laning of Lake Ida Road/N.E. 4th Street stopped at Swinton Avenue, the traffic would funnel up and down Swinton instead of continuing over to Pineapple Grove Way or Federal Highway. In any case, the County's standards require the guard rails because the trees are less than four feet behind the new curb which has been installed. The County has advised that the only way they will not put the guard rails in is if the City accepts jurisdiction of the road. The drawback to accepting jurisdiction is that the City would then be responsible for maintenance and any future improvements. If we accept jurisdiction, the City would have more control over future improvements, whatever they might be. The issue before the Commission is whether or not to accept jurisdiction. The City Manager recommended that the City accept jurisdiction if the County will reimburse us for the cost of the widening project, or roughly $250,000. Discussion followed. Mr. Ellingsworth commented that the remainder of N.E. 4th Street over to Federal Highway will eventually have to be improved to accommodate the traffic flow. He agreed with the City Manager that we try to get the money back from the County and suggested that perhaps it be used for this purpose, including the crossing over the railroad. Otherwise, it might be better to wait until the County puts the crossing over before the City accepts jurisdiction. In reviewing the history of the road widening project, the City Manager noted that the County had not planned to do any improvements east of Swinton Avenue, but the City asked that it be continued over to Pineapple Grove Way. There was some discus- sion by the City Commission about the possibility of continuing the project over to Federal Highway, but our traffic studies indicated that it was not warranted. It was decided to leave the project as is and see what develops with the traffic patterns. If it becomes necessary, it could be done at a future date. At this point, Dan Beatty, City Engineer, stated that the County's contractor is ready to go ahead and install the guard rails so they can move along with the project. If the City does not want the guard rails put in while we are negotiating on the jurisdiction, the County has requested that the City waive them of any liability should an accident occur involving the trees. Mr. Ellingsworth moved to direct the City Manager to make an offer to Palm Beach County that the City will accept jurisdiction of N.E. 4th Street, east of Swinton Avenue, if the County will reimburse the City for the cost of the widening project currently under construction; that the guard rails not be installed while negotiations concerning jurisdiction take place and that the City will not hold the County liable should an accident occur involving the trees; and that if the County does 4 9/03/96 retain jurisdiction over N.E. 4th Street, that the City request it be improved eastward to N.E. 6th Avenue. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.B. RESOLUTION NO. 68-96 AUTHORIZING AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR NORTH FEDERAL HIGHWAY: Consider approval of Resolution No. 68-96 authorizing the Mayor to enter into a Highway Beautification Grant and Maintenance Memorandum of Understanding with the Florida Department of Transportation in connection with the reconstruction and beautification of North Federal Highway between Bond Way and Gulfstream Boulevard. The caption of Resolution No. 68-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY BEAUTIFICA- TION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION FOR STATE ROAD 5 (U.S. #1) FROM BOND WAY NORTH TO GULFSTREAM BOULE- (Copy of Resolution No. 68-96 is on file in the offi- cial Resolution Book) Mr. Egan moved to approve Resolution No. 68-96, second- ed by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.C. THIS ITEM HAS BEEN REMOVED. 9.D. INFORMATION COLLECTION RULE REQUIREMENTS: Consider protesting to our Congressional Delegation the requirements of the recently promulgated Information Collection Rule (ICR) for water quality data and its impacts on the City. The City Manager explained that the City has been waiting for ten years to see what the Environmental Protection Agency (EPA) was going to do about disinfection by-products found in drinking water because of organic compounds created when chlorine is added. What the EPA has ended up doing under this rule is requiring water system operators to collect certain kinds of information and also to conduct tests of two different methods of dealing with disinfection by-products; activated carbon treatment and membrane treatment. These would cost the City something in the range of $120,000 to $175,000. The request before the Commission is for the authority to draft a letter to our Congressional delegation seeking some relief or a more -5- 9/03/96 reasonable approach to dealing with the disinfection by-product issue rather than requiring hundreds of water systems to conduct these kinds of tests. In the meantime, the City has authorized CH2M Hill to proceed with preparing the application forms and sampling our finished water for a period of one year at the estimated cost of $3,000 to $6,000. The bench scale testing of the membrane and activated carbon treatment has to begin by April of 1998. It was the consensus of the Commission to authorize the City Manager to prepare and send a protest letter to the members of our Congressional delegation seeking relief from this costly federal mandate. 9.E. BID AWARD/ENVIRODYNE, INC.: Consider approval of a bid award in the estimated annual amount of $10,000 to Envirodyne, Inc. as the lowest responsible bidder, for supplemental laborato- ry analysis of water and wastewater testing, with funding from 441-5122-536-34.90. The City Manager noted that Envirodyne, Inc. was not the low bidder. The low bidder was Broward Testing Laboratory, but we have experienced unsatisfactory performance with Broward Testing in the past and have incurred additional expenses because of their errors. Therefore, staff recommends the bid be awarded to Envirodyne, Inc. as the lowest responsible bidder. Ms. Kiselewski moved to approve the bid award for supplemental laboratory analysis to Envirodyne, Inc. as the lowest responsible bidder, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 9.F. REJECTION OF BID/TENNIS CENTER BUILDING REPAIR: Consider rejecting the bid received for the Tennis Center build- ing repair project and authorize staff to redefine the scope of work and readvertise. The City Manager explained there is a problem with the siding on the Tennis Center building getting water behind it which is causing it to rot from the back side. We advertised for bids, received only one bid and are concerned that the bidder does not really address the full scope of work that we feel is necessary. Staff feels we need to rewrite our specifications and rebid the project. In addition, the only bidder is a contractor the City has had poor experience with in the past. Mr. Ellingsworth moved to reject the bid received for the Tennis Center building repair project and authorize staff to redefine the scope of work and readvertise, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. -6- 9/03/96 9.G. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint three citizen members to the Pompey Park Advisory Commit- tee for two year terms ending September 13, 1998. The appoint- ments will be made by Commissioner Ellingsworth, Commissioner Randolph and Mayor Alperin. Mr. Ellingsworth moved to reappoint Tommy Stevens to the Pompey Park Advisory Committee for a two year term ending September 13, 1998, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mayor Alperin stated that in the absence of Commission- er Randolph, his appointment will be deferred until the regular meeting of September 17, 1996. Mayor Alperin then stated that he wished to reappoint Dwayne Jackson to the Pompey Park Advisory Committee for a two year term ending September 13, 1998, and asked for a motion to that effect. Mr. Ellingsworth so moved, seconded by Ms. Kise- lewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Com- ments and Inquiries on Non-Agenda Items. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately followinq Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to the complaint about the natural gas signs placed along Military Trail in the median, the City Manager stated that staff has verified there are signs within the median advertising 'Gas Coming Soon' The signs are located outside the City limits, but we are contacting Palm Beach County to advise them about the presence of the signs. In response to the prior comments on bus shelters, the City Manager reported that Palm Tran has all of its funding committed at the moment. They have identified approximately 300 bus stop sites throughout the County that have sufficient volumes to warrant a shelter. They will use that list to prioritize bus shelters, but they do not know when they can expect to have funding for this purpose. If the Commission wished to fund some shelters in Delray Beach, they cost $5,000 to $6,000 apiece. Staff could find out what the priority locations are and it might be possible to fund a few of them. One of the concerns that Palm Tran has is they use advertising revenues to help pay for the shelters and the City does not allow off-site advertising signs. To allow advertising we would have to change our sign code which -V- 9/03/96 is something the City Manager would not recommend. Or, Palm Tran might look to the City to make up the difference on what they would lose on advertising revenue. The Commission requested that the City Manager explore this further for informational purposes. Mr. Ellingsworth commented that the Director of Palm Tran had advised him several months ago that Palm Tran had applied for a federal grant to fund about 150 bus shelters County-wide. He asked that staff check on the status of the grant when discussing the issue further with Palm Tran. ll.B. From the Public. 11.B.1. Mr. Bernie Burkoff, Rainberry Lakes and Delray Property Owners, stated that he is a member of Palm Beach County Commis- sioner McCarty's Site Selection Committee for the Solid Waste Authority recycling center. The committee is finding it quite difficult to find another location for that facility. At the meetings, the zoning for the Delray Beach Congress Avenue corri- dor has been discussed, particularly the MIC (Mixed Industrial and Commercial) district. The Solid Waste Authority feels that the location on Congress Avenue is ideal for the recycling facility based on Section 4.4.19 of the City's Land Development Regulations. At Section 4.4.19(D) (7), 'resource recovery facili- ties, pursuant to provisions of Sec. 4.3.3(z)' are allowed as a conditional use. Mr. Burkoff stated that the committee strongly urges that the zoning for the Congress Avenue corridor be re- viewed and changed to prohibit cement plants, used auto parts or recycling plants. The existing businesses could be grandfathered so that possibly in the future the City can attract the kind of development that Delray Beach can be proud of. Mr. Burkoff commented that neither Boynton Beach nor Boca Raton will allow recycling facilities in their communities, and that leaves Delray Beach as the dumping ground. 12. FIRST READINGS: 12.A. ORDINANCE NO. 33-96: An ordinance repealing Chapter 51, "Garbage and Trash", of the City Code and enacting a new Chapter 51, "Garbage and Trash", to provide regulations consis- tent with the contract for collection services which becomes effective October 1, 1996. The City Manager presented Ordinance No. 33-96: AN ORDINANCE OF THE CITY COMMISSION OP THE CITY OF DELRAY BEACH, REPEALING CHAPTER 51, "GARBAGE AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; AND ENACTING A NEW CHAPTER 51, "GARBAGE AND TRASH", TO BE CONSISTENT WITH THE CONTRACT FOR COLLECTION SERVICES EFFECTIVE OCTOBER 1, 1996; PROVIDING -8- 9/03/96 A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. She explained that there will probably be some additional changes to the ordinance prior to second reading, and possibly even after, since the attorney for BFI has not yet had the opportunity to review the ordinance. She recommended that the Commission pass the ordinance on first reading. If changes are necessary, they can be made at a later date. Mayor Alperin noted the following items: (1) Page 2, definition of Commercial Service, second line reads, "... apartments (for profit buildings containing over four (4) living units are classified as commercial accounts), ..."; versus Page 3, definition of Multiple Dwelling Units, reading "Shall mean any building containing four (4) or more permanent living units, not including motels and hotels." Also, on Page 16, Sec. 51o70(B), "Residential (Multi-Family)", refers to multiple-family dwelling units containing five units or more. Mayor Alperin asked that these references be reviewed for consis- tency. (2) On page 4, the definition of "Single Family Residential Unit", Mayor Alperin commented that he feels it should more properly read, "Any dwelling place designed to be occupied by one family." The City Manager stated that the definition should be consistent with that contained in the zoning code. (3) Page 9, Section 51.24, "Vegetative Waste", first paragraph, last line, where it reads, "... and decided by the City Manager or his/her designee, ...". Mayor Alperin noted there are numerous other references to the City Manager or his designee. Mayor Alperin suggested that it could be left as 'his/her designee', but defined under the definitions section of the ordinance to eliminate the need for the phrase to be included throughout the ordinance. (4) Page 8, Section 51.20, "Industrial and Hazardous Waste Disposal", Mayor Alperin suggested that it be clarified that a business or entity does not have to contract with BFI for removal of hazardous waste, but may contract with another vendor for this purpose. (5) Page 11, Section 51.40, "Placement of Containers and Trash; Precollection Practices", subsection (B) concerning dangerous trash items, Mayor Alperin commented that the public ought to be informed about the proper disposal method for fluo- rescent tubes. (6) Page 13, Section 51.45, "Construction and Demoli- tion Sites", subsection (B), the first sentence reads, "Where -9- 9/03/96 concrete or any other substance permanently affixes itself to the road surface, causing the surface to be uneven, it shall be immediately removed by persons responsible." Mayor Alperin commented that, again, the public needs to be educated as to where to call when they see a cement truck dripping cement on a road. (7) On page 19, paragraph (C), "Disposal Costs", Mayor Alperin asked if the wording clarifies that the City will not be responsible for disposal shortfall costs so there will be no disputes with BFI on this matter? Mr. Safford, Finance Director, replied in the affirmative. (8) On page 17, under "Commercial Rates", Mayor Alperin questioned whether the rates are shown on a weekly or monthly basis? Mr. Safford, Finance Director, stated that the charges are on a monthly basis. Mayor Alperin suggested that this be clarified to clearly indicate that the charges are on a monthly basis. (9) On question from Mayor Alperin regarding page 21, Section 51.75, where it indicates that the person or company in whose name water services are billed shall be responsible for garbage also, the City Manager stated that in the case of a renter who leaves an outstanding bill, the owner of the property cannot be held responsible. That is why the City requires deposits. At this point, Mr. Safford, Finance Director, reviewed the residential rates set out on page 15 of the ordinance. The curbside rollout cart rate will be $6.93 per month, or a savings of 56.2% over the old rate of $15.82/month. The rear door owner container service will be $11.64 per month, for a reduction of 14.7% from the old rate of $13.64/month. The curbside disposable bags service will be $2.87 per unit per month as opposed to the old rate of $6.55 for a savings of 56.2%. As for multi-family rates, Mr. Safford estimated the rate savings to be somewhere in the neighborhood of 30%. On commercial, it looks like the commercial rates are going to experience rate decreases in the neighborhood of between 20%-30%. The 95-gallon cart service for commercial is going to see a 26.3% savings. Mr. Safford further commented that certain areas have been identified through field analysis where single family homes have been converted into businesses, especially along Swinton Avenue and Federal Highway. BFI feels these areas are erroneously being charged single family rates and should be charged commercial rates (95-gallon cart service rates). So in these areas there may be some complaints about the fees going up instead of down. Mr. Ellingsworth stated that he felt the fluorescent tubes should be included in the special pick-ups which are offered from time to time for similar items such as batteries and the like. Mr. Safford responded there are several days spread throughout the year where there are special pickups and pick-up 9/o3/96 points for tires and such. Some of the large drop-off containers are put out on the Lake Ida Road site and residents are encour- aged to use that site for this purpose. As for fluorescent tubes, Mr. Safford stated he would check with the Solid Waste Authority on any special requirements. Mr. Ellingsworth then referred to page 18, Section 51.70(D), and asked if there was any way to differentiate between low waste generating businesses and high garbage generators when they use the same container. The equal division of the total monthly cost by the number of customers using the container does not seem fair when one customer generates more garbage than another. Mr. Safford responded that BFI makes the billing arrangements with commercial customers, and felt the City could ask BFI if that particular terminology could be removed entirely from the ordinance. Mr. Egan moved to approve Ordinance No. 33-96, as modified, on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 31-96: An ordinance amending Chapter 52, "Water", of the City Code by amending Sections 52.02 and 52.18 to remove the 12-month restriction for temporary service; amending Section 52.34 to provide for increased residential, nonresiden- tial and irrigation rates for FY 1996/97; amending Section 52.39(D), "Late Payment", to eliminate redundant wording; amend- ing Section 52.52 by clarifying the amount to be paid before discontinued service will be restored. If passed, public hearing September 17, 1996. The City Manager presented Ordinance No. 31-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 52.02, "DISCONTINUING SERVICE AT REQUEST OF CUSTOMER" TO REMOVE THE 12-MONTH RESTRICTION FOR TEMPORARY SERVICE, BY AMEND- ING SECTION 52.18, "REMOVAL OF METERS WHEN SERVICE DISCONTINUED; TEMPORARY REMOVAL SUBJECT TO RETROACTIVE BILLS", TO REMOVE THE 12-MONTH RESTRICTION FOR TEMPORARY SERVICE, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION (B), "MONTHLY RATES", TO PROVIDE FOR AN INCREASE IN RESIDENTIAL, NONRESIDEN- TIAL AND IRRIGATION RATES, BY AMENDING SECTION 52.39, "OTHER FEES", SUBSECTION (D), "LATE PAYMENT", TO ELIMINATE REDUNDANT WORDING BETWEEN THIS SUBSECTION AND SECTION 52.52, BY AMENDING SECTION 52.52, "RESUMING -11- 9/03/96 SERVICE AFTER DISCONTINUANCE FOR DELINQUEN- CY'', BY CLARIFYING THE AMOUNT TO BE PAID BEFORE DISCONTINUED SERVICE WILL BE RESTORED AND BY DELETING SUBSECTION (B) IN ITS ENTIRE- TY, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 31-96 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 32-96: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code to provide for increased residential and nonresidential/commercial rates for FY 1996/97. If passed, public hearing September 17, 1996. The City Manager presented Ordinance No. 32-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SUBCHARGE" SUBSECTION (D), TO PROVIDE FOR AN INCREASE 'IN RESIDENTIAL AND NONRESIDEN- TIAL/COMMERCIAL RATES, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 32-96 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 34-96: An ordinance amending the Layer's North SAD (Special Activities District), located on the east side of S.W. 10th Avenue, south of Linton Boulevard, to allow the temporary sales and reception building on the north side of Egret Circle to be incorporated as part of the approved site plan of record. If passed, quasi-judicial hearing September 17, 1996. The City Manager presented Ordinance No. 34-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT -12- 9/03/96 (SAD), AS ESTABLISHED BY ORDINANCE NO. 65-80, AND AMENDED BY ORDINANCE NO. 21-95, BY AMENDING THE APPROVED MASTER DEVELOPMENT PLAN OF RECORD TO FORMALLY INCORPORATE THE TEMPO- RARY SALES AND RECEPTION BUILDING AS A PERMANENT STRUCTURE ON THE SITE PLAN FOR THE DEVELOPMENT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Alperin expressed his strong opinion that the building in question does not fit in with the balance of the development and would not have been approved as a permanent structure on the original site plan. While this petition is being represented as a corrective measure to accommodate an existing building, he felt that the site should be upgraded to bring it into conformance with what was intended when the origi- nal SAD was approved. The owners have not done what they were supposed to do, nor has the site been properly maintained. Now they are saying they will do these things if the City gives them something that was never intended to be on the site. The Mayor noted that the applicant has justified the request by claiming that the temporary building has now become necessary in operating the current club and tennis school. Mayor Alperin felt that if a building is needed to run that business, then something compati- ble with the overall development and appropriate to the area should be built. The building in question was intended only as a temporary structure and does not belong there. Mr. Ellingsworth stated that he, too, had some concerns in looking at the conditions attached to the recommendation for approval. They are things that should have been done all along (the lighting, dumpsters, etc.). His feeling was that the applicant should correct the deficiencies on the site first and then come back and ask for consideration to include the temporary structure as permanent. Mr. Egan stated that he felt the applicant was trying to solve the problem and make improvements to the site. He agreed that in the past, SAD's have been a problem with improve- ments not getting done as they are approved to be done and the Commission has to be more careful. In this instance, though, it is an existing development that has been a problem, but now there is someone willing to work with the City to straighten things out. Mr. Egan felt it was an opportunity to solve the problem and do what needs to be done instead of having the building sit vacant and deteriorate further. Ms. Kiselewski stated that while she would like to see the tennis academy use remain, it is appropriate that the owners clean up what they have before they come forward and ask for more. She suggested that approval be conditioned on the develop- -13- 9/03/96 er having to make all of the other improvements and upgrades before being permitted to move forward with the structure. On question to staff from Mayor Alperin as to what would happen to the building if the request was not approved, Jerry Sanzone, Chief Building Inspector, stated that he would probably move for condemnation. Mayor Alperin noted that if that were to happen and if the developer wanted to build something else, they would have to come in for a modification to the approved site plan. If that happens, the City could get some- thing that we would want to see there in the first place. If the Commission approves something that was intended all along to be temporary, then it is catering to somebody who has not been respectful of others in that area to begin with. Upon further discussion, Ms. Kiselewski moved to approve Ordinance No. 34-96 on FIRST Reading for the purpose of moving the item to second reading and quasi-judicial hearing. The motion died for lack of a second. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 64-96: A resolution tentatively levying a tax on all properties within the City of Delray Beach for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 1996/97. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 64-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 64-96 is on file in the offi- cial Resolution Book) The City Manager stated that he was able to recommend a reduction from 7.00 mills to 6.95 mills, which would mean that the increase above the rolled back rate would be 3.27% instead of 4.01%. In reviewing the capital improvement program, in the general construction fund we had not included the architectural fees for the City Hall envelope project in the financing package for the financing of the project. By doing that, that frees up -14- 9/03/96 $175,000. We would propose to take $125,000 of that to reduce the millage by five-hundredths of a mill. The other $50,000 would be kept in the general construction fund as the local match that will be required for the landscaping on the sound barrier wall on Interstate-95 which is a project that was not funded up to this point. 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. Mr. Ellingsworth moved to adopt Resolution No. 64-96, as amended, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.B. RESOLUTION NO. 65-96: A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach. Prior to considera- tion of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 65-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DIS- TRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPRO- PRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 65-96 is on file in the offi- cial Resolution Book) 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. Mr. Egan moved to adopt Resolution No. 65-96, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 10.C. RESOLUTION NO. 66-96: A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City for the period October 1, 1996 to September 30, 1997. The City Manager presented Resolution No. 66-96: -15- 9/03/96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTA- TIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1996, TO THE 30TH DAY OF SEPTEMBER, 1997; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLU- TIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 66-96 is on file in the offi- cial Resolution Book) The City Manager distributed a new Exhibit "A" to Resolution No. 66-96 reflecting the changes discussed under the millage resolution. 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. Ms. Kristy Verzaal, resident of Delray Oaks, asked about the budget appropriation for constructing sidewalks in the next fiscal year. She stated she had been informed by Mr. Barcinski's office that there is an appropriation of $50,000 per year over the next five years. She asked if the City has devel- oped a prioritization list of when sidewalks will be constructed in various parts of the City? She feels strongly that S.W. 29th Street west to Germantown Road needs a sidewalk, especially for the elementary school students who walk to Orchard View Elementa- ry School. In response, the City Manager stated there are two different types of sidewalk projects. The City will identify some collector streets and arterials where the City would pay the full cost. On other streets, we would fund those areas where the residents indicate they want sidewalks and are willing to pay part of the cost. The money set aside would allow the City to match what the residents would be putting up. In addition, there are certain State statutes that require the City to address sidewalks in certain proximity to schools. Where these kinds of situations falls into something that by statute we are supposed to be providing pedestrian ways, of course that would have top priority. There being no further comments, the public hearing was closed. Ms. Kiselewski moved to adopt Resolution No. 66-96, with amended Exhibit "A", seconded by Mr. Ellingsworth. Upon -16- 9/03/96 roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 10.D. RESOLUTION NO. 67-96: A resolution establishing a budget for the Stormwater Utility System, establishing the rates for FY 1996/97 stormwater management assessments, and certifying and adopting the stormwater assessment roll. Prior to considera- tion of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 67-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT ROLL. (Copy of Resolution No. 67-96 is on file in the offi- cial Resolution Book) 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. Mr. Ellingsworth moved to adopt Resolution No. 67-96, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 30-96: An ordinance amending Chapter 56, "Stormwater", to delete references to the interim method of collection, and to provide that Lake Worth Drainage District (LWDD) exempt properties are identified through LWDD boundary maps. 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. 30-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY -17- 9/03/96 AMENDING SECTION 56.04, "DEFINITIONS", TO CORRECT THE DEFINITION OF 'DIRECTOR', DELETE 'INTERIM COLLECTION METHOD', AND MODIFY 'UNIFORM COLLECTION METHOD'; AMENDING SEC- TIONS 56.16, 56.17, 56.18 AND 56.19 BY DELETING REFERENCES TO THE INTERIM COLLECTION METHOD; REPEALING SECTION 56.21, "INTERIM METHOD OF COLLECTION", IN ITS ENTIRETY; AMENDING SECTION 56.16(D) (1) TO PROVIDE THAT DISTRICT LOCATED WITHIN THE LAKE WORTH DRAINAGE DISTRICT SHALL BE DEFINED BY THE DISTRICT'S BOUNDARY MAP; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 30-96 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised 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. Mr. Ellingsworth moved to approve Ordinance No. 30-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed by a 4 to 0 vote. 10.F. TRANSFER OF CITY-OWNED PROPERTY/QUIT-CLAIM DEED TO PALM BEACH COUNTY: Consider approval of a quit-claim deed transfer- ring ownership to Palm Beach County of land at the intersection of Linton Boulevard and Federal Highway for right-of-way improve- ment purposes. The City Attorney requested that the public hearing for this item be postponed to the date certain of September 17, 1996, at 7:00 p.m. There is some land that was not included in the quit-claim deed legal description that we might also want to include in this transaction. Additional time is needed to discuss the matter further with Palm Beach County. Mr. Ellingsworth moved to continue the public hearing to the date certain of September 17, 1996, at 7:00 p.m., seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission returned to Item 12.E. under First Readings. -18- 9/03/96 12.E. ORDINAI~CE NO. 35-96: An ordinance annexing a 4.18 acre parcel of land known as the Carusillo and Evans property, located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue; establishing initial zoning of RM-8 (Medium Density Residential - 8 units/acre), and providing for a Small Scale Future Land Use Map amendment to affix an official City land use designation of Medium Density Residential 5-12 units/acre. If passed, quasi-judicial hearing September 17, 1996. The City Manager presented Ordinance No. 35-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 UNITS/ACRE); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Alperin noted that there is a billboard located on the subject property and asked if it would be allowed to remain under the proposed zoning? Diane Dominguez, Planning Director, stated that billboards are not allowed in the City and that it will come down when the property is developed. On further question from the Mayor, Ms. Dominguez stated there is no written agreement to that effect. The City Attorney commented that some type of amortization period could probably be worked out through discussions with the property owner. Mr. Ellingsworth moved to approve Ordinance No. 35-96 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 12.F. ORDINANCE NO. 36-96: An ordinance adopting Comprehen- sive Plan Amendment 96-1B related to the Silver Terrace and Hardrives/Office Depot areas. If passed, quasi-judicial hearing -19- 9/03/96 September 17, 1996. The amendments to the Future Land Use Map (FLUM) are: 1. Future Land Use Map amendment from County Indus- trial to City Industrial for a 4.3 acre portion of the Hardrives property, located on the east side of Congress Avenue, approximately 1,800 feet south of Germantown Road. 2. Future Land Use Map amendment from County Industrial to City Transitional for a 9.0 acre portion of the Hardrives property (aka Elmore POC), located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. 3. Future Land Use Map amendment from Redevelopment Area #4 to Medium Density Residential 5-12 units/acre in part, General Commercial in part, and Transitional in part, in conjunction with the implementation of the Silver Terrace Redevelopment Plan. The area is 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 City Manager presented Ordinance No. 36-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 96-1B PURSUANT TO THE PROVISIONS OF THE 'LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 96-1B" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 36-96 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.G. SILVER TERRACE REZONINGS: 12.G.(1) ORDINANCE NO. 39-96: An ordinance rezoning portions of the Silver Terrace Redevelopment Area from RO (Residential Office) and RM (Medium Density Residential) Districts to SAD (Special Activities District) in conjunction with the implementa- tion of the Silver Terrace Redevelopment Plan. -20- 9/03/96 The City ManaHer presented Ordinance No. 39-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) AND RO (RESIDENTIAL OFFICE) IN THE SAD (SPECIAL ACTIVITIES DISTRICT); SAID LAND BEING LOCATED IN THE SILVER TERRACE SUBDIVISION, AS MORE PARTICU- LARLY DESCRIBED HEREIN; ESTABLISHING THE USES ALLOWED FOR THE SUBJECT PROPERTIES UNDER THE SAD ZONING; PROVIDING FOR AN EXPIRATION DATE OF THE SPECIAL ACTIVITIES DISTRICT ZONING CLASSIFICATION; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. EllinHsworth moved to approve Ordinance No. 39-96 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 12.~.(2) ORDINANCE NO. 40-96: An ordinance rezoning a portion of the Silver Terrace Redevelopment Area from MH (Mobile Home) to R-1-A (Single Family Residential) District in conjunction with the implementation of the Silver Terrace Redevelopment Plan. The City Manager presented Ordinance No. 40-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MH (MOBILE HOME) DISTRICT IN THE R-1-A (SINGLE FAMILY RESIDEN- TIAL) DISTRICT; SAID LAND BEING THE WEST 490.47 FEET OF LOT 6 OF THE PLAT OF LAMBERT TRAILER COURT, AS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED WITHIN THE SILVER TERRACE REDEVELOPMENT AREA BOUNDED ON THE NORTH BY S.E. 10TH STREET, ON THE EAST BY FEDERAL HIGHWAY, ON THE SOUTH BY THE DELRAY MALL, AND ON THE WEST BY OLD DIXIE HIGHWAY; AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 40-96 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; -21- 9/03/96 Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 12.~. ORDINANCE NO. 37-96: An ordinance establishing initial zoning of I (Industrial) for a 4.30 acre portion of the Hardrives property, located on the east side of Congress Avenue, approxi- mately 1,800 feet south of Germantown Road. If passed, a quasi- judicial hearing will be scheduled for September 17, 1996. The City Manager presented Ordinance No. 37-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF I (INDUSTRIAL) DISTRICT FOR A 4.3 ACRE PORTION OF THE HARDRIVES PROPERTY LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, APPROXIMATELY 1,800 FEET SOUTH OF GERMANTOWN ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 37-96 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 12.I. ORDINANCE NO. 38-96: An ordinance establishing initial zoning of POC (Planned Office Center) District for a 9.00 acre portion of the Hardrives property (aka Elmore POC) located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. If passed, a quasi-judicial hearing will be scheduled for September 17, 1996. The City Manager presented Ordinance No. 38-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL ZONING OF POC (PLANNED OFFICE CENTER) DISTRICT FOR A 9.0 ACRE PORTION OF THE HARDRIVES PROPERTY LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, APPROXIMATELY 800 FEET SOUTH OF GERMANTOWN ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -22- 9/03/96 Mr. Ellingsworth moved to approve Ordinance No. 38-96 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager In response to Mr. Ellingsworth's inquiry about the signs on West Atlantic Avenue, the City Manager reported that as far as the gateway parks are concerned, staff is exploring the possibility of new signage for these passive areas which could accommodate the announcement of special event activities. This suggestion will be addressed with both the Delray Merchants Association and the Visions West Atlantic steering committee, and staff will report back on their positions. The Delray Merchants Association had already discussed this matter and recommended signage in the passive parks and the landscaping was designed to accommodate the signage. With respect to the inquiry about the blazer crests, Commissioner Egan had provided some samples and other possibili- ties are being looked into. In response to Mr. Randolph's inquiry about the comple- tion dates for the Lake Ida Road and East Atlantic Avenue projects, the City Manager referred to the letter he had sent out to the merchants concerning the East Atlantic Avenue project. As for Lake Ida Road, the project is supposed to be substantially complete in late September, with final completion in late Octo- ber, according to the Project Manager for Palm Beach County. 13.B. City Attorney With respect to the Charlie Brown lawsuit, the City Attorney requested the Commission's authorization to pursue any motions which may be necessary to preserve the City's rights on appeal. It was the consensus of the Commission to so authorize the City Attorney. 13.C. City Commission Mr. Egan reported that he had attended a meeting with the East Atlantic Avenue merchants this morning and, not surpris- ingly, they are extremely upset and worried about their liveli- hoods. They received the letter sent by the City Manager and expressed concern about the lack of response from the contractor. A suggestion was made that perhaps it is time to get the con- tracting company's principals involved in addition to the project manager so they are sure to understand the urgency of the situa- tion. The merchants are looking to be provided with an update every couple of days on the specifics of the project to feel -23- 9/03/96 comfortable that the City is staying on top of the situation. There is a great deal of concern that we don't just let this go and not get a satisfactory response from the contractor. Ms. Kiselewski commented that she was going to inquire about the resource recovery facility but, based on Mr. Burkoff's earlier comments, apparently it is not going forward anywhere else. In response, Mayor Alperin stated that work is still being done on the issue; it has not been abandoned. There are some alternatives, but it will probably carry a price. Ms. Kiselewski further commented that she was walking along the beach the other evening and was pleasantly surprised with the mix and interaction between teenagers and senior citi- zens at the beach pavilion. Mr. Ellinqsworth suggested that the Commission send a note or condolence to Mrs. Loretta McGhee and her family. The Commission concurred. Mayor Alperin commented that the plants overhanging the sidewalk at the Camino Real Holiday Inn at the corner of Atlantic Avenue and A1A make it difficult for two people to walk side by side on the sidewalk. They need trimming back. There being no further business, Mayor Alperin declared the meeting adjourned at 8:00 p.m. C{ty di%rk~ - ' ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of September 3, 1996 which minutes were formally approved and adopted by the City Commission on ~~/~ /71 /~9~ · gity C 1 e~k ' 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. -24- 9/03/96