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09-17-96 SEPTEMBER 17, 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 17, 1996. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Karen Kiselewski Commissioner David Randolph Mayor Jay Alperin Absent - Commissioner Ken Ellingsworth 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. 4. Agenda Approval. Mayor Alperin noted the addition of Item 9.G., Settle- ment of Delra¥ Executive Mall v. City of Delra¥ Beach, to the Regular Agenda by addendum. Also, Mayor Alperin stated that there is an additional application for the Pompey Park Advisory Committee. Mayor Alperin noted that he has received a request for the Commission to reconsider the first reading of Ordinance No. 34-96, Laver's SAD (Special Activities District) item which previously failed for lack of a second at the September 3, 1996, Commission meeting. He asked that this consideration be added to tonight's regular agenda as item 9.H. Mr. Egan moved to approve the agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - 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 September 3, 1996, and the Special Meeting of September 10, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations= 6.A. Japanese Youth Goodwill Mission Mayor A1perin read and presented nine proclamations extending warmest welcome to the Japanese Youth Goodwill Mission. The following members came forward to accept their proclamations: Noriko Minamii Kazurori Yamasaki Koji Owada Ka¥oko Shin~u Kazuko Ibuki Akihiro Fukada Naoka Matsumato Negumi Yoshida Tomoko Sasaki 6.B. Ocean Rescue National Competition Team Mayor A1perin read and presented a proclamation recog- nizing and commending the Gold Medal Winners of the Ocean Rescue National Competition Team. Several members of the Ocean Rescue National Competition Team came forward to accept the proclama- tion. 6.C. Constitution Week - September 17-23, 1996 Mayor A1perin presented a proclamation recognizing September 17-23, 1996 as Constitution Week. 6.D. Sickle Cell Awareness Month - September, 1996 Mayor A1perin read and presented a proclamation recog- nizing September, 1996 as Sickle Cell Awareness Month. Charlie Hudnell, President of the Sickle Cell Disease Association of America, Palm Beach County Chapter, Inc., came forward to accept the proclamation. 7. Presentations= None. 8. CONSENT AGENDA= City Manager recommends approval. 8.A. FINAL PLAT/DELRAY LAKES: Approve the final plat for Delray Lakes, a proposed 160 lot single family subdivision. The subject property is located east of 1-95 on the north side of Lake Ida Road and contains approximately 40.86 acres. 8.B. FINAL PAYMENT/ALL-RITE PAVING CONTRACTORS, INC.= Approve final payment in the amount of $5,929.05 to All-Rite Paving Contractors, Inc. for the Homewood Boulevard Roadway Repair project, with funding from 334-3162-541-61.21. 8.C. FINAL PAYMENT/RIO-BAK CORPORATION= Approve final payment in the amount of $10,632.53 to Rio-Bak Corporation for the cemetery expansion project, with funding from 667-4511-539- 61.77. -2- 09/17/96 8.D. FINAL PAYMENT/RIC-MAN INTERNATIONAL, INC.: Approve final payment in the amount of $9,891.80 to Ric-Man Internation- al, Inc. for sanitary sewer rehabilitation, with funding from 442-5178-536-61.84. 8.E. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of funding subsidies totaling $38,712 for three eligible applicants under the Delray Beach Renaissance Program ($26,872.30 from HOME account %118-1923-554-83.01, and $11,839.70 from SHIP Account No. 118-1924-554-83.01). 8.F. RESOLUTION NO. 69-96: Adopt a resolution assessing costs for abatement action required to remove nuisances on nine properties throughout the City. The caption of Resolution No. 69-96 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) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 69-96 is on file in the offi- cial Resolution Book) 8.G. DEMAND FOR JUDGMENT/LORRAINE BONDS V. CITY: Deny a demand for judgment in the referenced matter as recommended by the City Attorney. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Historic Preserva- tion Board during the period September 3 through September 13, 1996. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Emergency purchase award to Otto Industries, Inc. for an additional 1,400 32-gallon sanitation roll-out carts, at a total cost of $43,750 from 433-3711-534-52.27 (funded from prior year sur- plus). -3- 09/17/96 2. Bid award to Intercounty Engineering, Inc. as lowest responsive bidder, for lift station reha- bilitation in the base bid amount of $212,360 from 442-5178-536-61.83 through budget transfer from 61.84. 3. Bid awards through the Community Development Block Grant Program to Preston Construction Company for housing rehabilitation projects at 214 S.W. 14th Avenue in the amount of $16,425, and at 805 S.W. llth Avenue in the amount of $15,370, with funding from 118-1963-554-49.19. Bid award to Chaz Equipment Company, Inc. for emergency sewer main repair in the Rainberry Bay subdivision, in the amount of $19,590 from 442-5178-536-63.51. 5. Bid award to Softmart, Inc. for the purchase of two-year Microsoft Upgrade Package and System Management Software, in the amount of $38,585, with funding from various departmental accounts. Bid renewal award to Praxair, Inc. for C02/Carbon Dioxide for the Water Treatment Plant, via joint bid with the City of West Palm Beach, at an estimated annual cost of $68,544 from 441-5122-536-52.21. 7. Bid award to Bell South Communications for pur- chase of Meridian Norstar Telephone System for Human Resources, Planning and Zoning, and the City Manager's office, as well as a switchboard for the receptionist, in the amount of $17,162.11 from 334-6112-519-64.12. Mr. Randolph moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. RESERVED TEE TIME PROGRAM FOR HOTEL GUESTS: Consider continuation of the reserved tee time program for hotel guests originally approved on January 23, 1996. Robert A. Barcinski, Assistant City Manager, stated that in January, 1996, Mr. Dubin presented a program for a tourist promotion which would allow him to work with the hotels to reserve some tee times for hotel guests. At the time of approval, the Commission requested a follow-up report to be sure there was no adverse impact on the resident golfers. According -4- 09/17/96 to Mr. Dubin's report, he indicated that there has been no negative impact on the regular golfers. Brahm Dubin, Dubin and Associates, gave a brief update on the reserved tee time program for hotel guests and stated that there has be no negative impact on the golfers from this program. Mr. Egan moved to continue the reserved tee time program for hotel guests with an annual review at budget time, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.B. CONDITIONAL USE REQUEST/KIDDY KAMPUS NURSERY SCHOOL: Consider a request for conditional use approval to reestablish a child care center for Kiddy Kampus Nursery School and Kindergar- ten. The subject property is zoned RM (Medium Density Residen- tial) and is located on the east side of S.W. 10th Avenue approx- imately 100 feet south of S.W. 1st Street. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The 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 file on this project and a listing of pertinent documents. She explained that this is a conditional use to reestablish a day care center that was recently closed and is now for sale. However, it is unlikely that the property would be sold and re-occupied within the 180 day period as required by LDR Section 2.4.5(D) (5) which states that when a conditional use has been abandoned for a period of 180 days (November, 1996), any re-establishment of the use requires a new conditional use approval. Kiddy Kampus Nursery School & Kindergarten was estab- lished in 1960 with the construction of a 1,440 square foot nursery school, and construction of an additional 2,003 square foot child care center building, in 1966. The property owner has decided to sell the facility after operating it for the past 36 years. The site was approved by HRS for a maximum enrollment of 68 children. Ms. Dominguez stated that the only issue with the site is that it does not meet parking requirements. She stated that this would not be feasible to bring it up to code because they are not proposing to intensify the use but to continue the use as it has been operating. At its meeting of September 16, 1996, the Planning and Zoning Board formally reviewed this item and the Board voted -5- 09/17/96 unanimously in favor of recommending approval of the conditional use extension. Mayor Alperin declared the public hearing open. Mr. Doomstorm, son of Lillie R. Randolph (applicant), is requesting the Commission to consider a continuance of the conditional use of Kiddy Kampus Nursery School & Kindergarten so that they may find an owner that will continue the tradition that she has established. Herme Richardson, President of HL Richardson Realty in Boynton Beach, expressed concern over the sale of Kiddy Kampus Nursery School & Kindergarten and emphasized that this nursery is a commercial business. Lillie R. Randolph, owner of Kiddy Kampus Nursery School & Kindergarten, stated she is primarily here this evening to answer any questions in regards to the extension of the time requested to sell the school. The public hearing was closed. Mr. Randolph commented that he has admired Mrs. Ran- dolph over the years for the effort she has put forth in seeing that the children of this City were cared for. He stated that he would fully support an extension of time for the conditional use because he would love to see someone continue the operation of the long, good history of Kiddy Kampus. Mr. Randolph entered into the record the fact that he is not related to Mrs. Lillie R. Randolph, although they share the same last name. Mr. Randolph moved to approve the request to extend the time for the conditional use approval by 18 months subject to the conditions in the Planning and Zoning Staff Report, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Ms. Kiselewski - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.C. EDUCATION BOARD RECOMMENDATION/MIDDLE SCHOOL BOUNDARY CHANGE PLAN: Consider approval of the Education Board's recom- mendations concerning proposed middle school boundary changes for School Year 1997/98 and authorize the Mayor to send appropriate letters. Robert A. Barcinski, Assistant City Manager, stated that on September 9, 1996 the Education Board met with Linda Hines from the Palm Beach County School Board staff and members of the Advisory Boundary Committee (ABC) to discuss a plan which would change middle school boundaries for school year 1997-98. Boundary changes are being proposed to accommodate the new middle school 91-MM being built in West Boca. Basically, there are two 09/ 7/9 primary change issues; one which the Board agreed to and the other they did not agree to. The Education Board did not object to moving SACs 300C and 300E from Omni to Boca Raton Middle School. The Board felt these changes did not cause a negative impact on racial balance and this change was a logical feeder school progression. The Education Board did, however, feel that the proposed changes with added SACs 290A, 290B, 294B and 294C to Carver created a negative impact on racial balance at this school. The Board felt that we should maintain a ratio of no greater than 40% of Black African-American population at any of our schools. The Board was also concerned with adding more portables to this site. The Board felt, however, that the negative impact on racial balance at Carver Middle School was more important at this time. Mr. Egan moved to authorize Mayor Alperin to send appropriate letters to the Palm Beach County School Board, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.D. REQUEST FOR STREET RENAMING: Provide direction with respect to a request to rename Milfred Street to Wallace Lane. Mr. Randolph moved to approve the request to proceed with the street renaming, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - No; Ms. Kiselewski - Yes. Said motion passed with a 3 to 1 vote. 9.E. APPOINTMENTS TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint one citizen member and one 13-19 year age group member to the Pompey Park Advisory Committee for two-year terms ending September 13, 1998. The appointments will be made by Commission- er Randolph (citizen member) and Commissioner Kiselewski (13-19 year age group). Mr. Randolph moved to appoint Brian Martin, as a citizen member 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: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. Ms. Kiselewski stated that she would like to postpone her appointment until the October 1, 1996 regular meeting. 9.F. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint one regular member and one alternate member to the Civil Service Board to fill unexpired terms ending July 1, 1998. The appoint- ments will be made by Mayor Alperin (regular member) and Commis- sioner Kiselewski (alternate member). -7- 09/17/96 Mayor Alperin stated that he wished to appoint John Tallentire as a regular member to the Civil Service Board to fill an unexpired term ending July 1, 1998. Mr. Randolph so moved, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Ms. Kiselewski moved to appoint Allen P. Huntington as the alternate member to the Civil Service Board to fill an unexpired term ending July 1, 1998, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Ms. Kiselewski - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.G. (ADDENDUM ITEM) SETTLEMENT OF DELRAY EXECUTIVE MALL V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter as recommended by the City Attorney. Mr. Randolph moved to approve the settlement offer as recommended by the City Attorney, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.H. (ADDITIONAL ITEM) CONSIDER FIRST READING OF 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 temporary sales and reception building on the north side of Egret Circle to be incorporated as part of the approved site plan of record. Mr. Egan moved to reconsider first reading of Ordinance No. 34-96 at the regular meeting of October 1, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - No; Ms. Kiselewski - Yes. Said motion passed with a 3 to 1 vote. At this point, the time being 6:50 p.m., the Commission moved to Item 11. 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 a prior comment regarding the zoning on Congress Avenue, the City Manager stated that the subject of allowable uses along Congress Avenue was addressed in 1994 culminating with an amendment to the MIC (Mixed Industrial and Commercial) district to require uses to be conducted in enclosed buildings. During that previous review, the Planning and Zoning Board and the City Commission considered rezonings in the area to light industrial. A number of property owners objected to that -8- 09/17/96 proposed rezoning. After consideration, the Planning and Zoning Board recommended denial of the City initiated rezoning. At that point, the City Commission then directed staff to modify the MIC requirements resulting in the amendment requiring uses to be all enclosed buildings. Based on renewed concerns from the community and the Commission, the City will again review the allowable uses in the MIC district focusing especially on industrial components and conditional uses. Recommended modifications to the district standards will be brought to the Planning and Zoning Board. The City Manager stated that at this time there is not an exact schedule, but it is being worked on. ll.B. From the Public. None. At this point, the Commission moved to the First Readings portion of the agenda. 12. FIRST READINGS: 12.A. LEVY PROPERTY LAND USE ACTIONS= 12.A.1. ORDINANCE NO. 41-96= An ordinance providing for a Small Scale Future Land Use Map amendment from Transitional to General Commercial for the Levy property located on the east side of South Federal Highway, between Avenue F and Avenue G. If passed, quasi-judicial hearing October 1, 1996. The City Manager presented Ordinance No. 41-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OP DELRAY BEACH, PLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM TRANSITIONAL TO GENERAL COMMERCIAL, FOR A PARCEL OF LAND KNOWN AS THE LEVY PROPERTY LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY #1), BETWEEN, AVENUE F AND AVENUE G, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 41-96 is on file in the Official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 41-96 on FIRST Reading, seconded by Ms. Kiselewski Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9 09/17/96 12.A.2. ORDINANCE NO. 42-96: An ordinance rezoning the Levy property from POD (Professional and Office District) and RM (Medium Density Residential) District to SAD (Special Activities District). The subject property is located on the east side of South Federal Highway, between Avenue F and Avenue G. If passed, quasi-judicial hearing October 1, 1996. The City Manager presented Ordinance No. 42-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSION- AL AND OFFICE DISTRICT) IN PART, AND RM (MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRE- LY INTO AN SAD (SPECIAL ACTIVITIES DISTRICT) ZONING CLASSIFICATION; SAID PROPERTY LOCATED NORTH OF AVENUE G AND SOUTH OF AVENUE F EAST OF FEDERAL HIGHWAY (U.S.1) AND WEST OF FREDERICK BOULEVARD AND, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 42-96 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 42-96 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager With respect to Mayor Alperin's prior comments regard- ing the plants overhanging the sidewalk at the Camino Real Holiday Inn at the corner of Atlantic Avenue and A1A, the City Manager stated everything is gone now due to the construction project. The City Manager stated that he is extremely pleased and proud of Lula Butler, Director of Community Improvement, who was selected under a HUD program to attend a two week course at Harvard University. The City Manager stated HUD is paying for all the tuition costs and the City will only pay for travel expenses. Lastly, the City Manager announced that the City of Delray Beach received a Certificate of Appreciation from the Florida League of Cities for contributions to the 1996 City Innovation Showcase that was part of the annual Florida League of Cities conference in Boca Raton last month. -10- 09/17/96 13.B. City Attorney None. 13.C. City Commission 13.C.1. Mr. Egan Mr. Egan stated he has noticed increased activity regarding the East Atlantic Avenue project and asked if there has been any further contact with the principals of the company? In response, the City Manager stated that he has not had contact with the principals of the company; however, he has a meeting scheduled for Friday morning and will be meeting with the presi- dent of the company along with Bill Wood and another Chamber of Commerce representative. Mr. Egan stated that some people have asked him when the newsracks will be in place? Assistant City Attorney Tolces stated that City staff is in the process of working out the locations in making sure the racks are going to fit in those locations. Further, Mr. Tolces stated that the ordinance reads 180 days from the day the ordinance was approved. 13.C.2. Ms. Kiselewski Ms. Kiselewski commented on the lifeguard letters regarding pay. The City Manager stated that there have been some later communications and believes everything has been resolved except starting pay. Further, the City Manager stated he re- ceived a letter from Mr. Seiler today and feels everything is very close to getting resolved satisfactorily. 13.C.3. Mr. Randolph Mr. Randolph stated that he has received numerous complaints regarding the West Atlantic Avenue corridor between 8th Avenue and 12th Avenue. He stated that many people have asked him about a left turn signal device for perhaps one or more of those three intersections. He requested a traffic study be made in that area. The City Manager stated that the City will contact the County and ask them to conduct a traffic study. 13.C.4. Mayor Alperin Mayor Alperin commented that the evaluations for the City Manager and the City Attorney will have to be placed on the October 1, 1996 agenda. Mayor Alperin inquired as to the perfor- mance range increase. The City Manager stated that the range is 0-5%. Mayor Alperin stated that at the Planning and Zoning Board meeting last night, some changes were approved to the -11- 09/17/96 Blood's Grove project. This item will be placed on the October 1, 1996 agenda. Thirdly, Mayor Alperin stated that with his busy schedule it is often difficult for him to attend the Municipal League meetings. He asked for support from the Commission regarding the upcoming Municipal League meeting to be held on Wednesday, September 25, 1996 at 10:30 a.m. Mayor Alperin stated that the majority of the discussion will be primarily regarding educational concurrency. 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. RESOLUTION NO. 70-96: A resolution 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. 70-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERA- TION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTED- NESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 70-96 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. Due to changes in the law by the legislature, the City Attorney stated that she is not required to read the entire caption of the Resolution; however, she stated that this is a levy of tax on all properties in the City of Delray Beach for fiscal year 1996/97 with a total millage rate of 7.85 mills which is .05 less than fiscal year 1995/96. The rollback rate calcu- lated under the TRIM law for operating purposes is 6.73 mills and the millage rate is 3.27% above the rolledback rate. Mayor Alperin declared the public hearing open and clarified that this item is regarding the millage rate, not the -12- 09/17/96 budget. No one from the public came forward to speak on this item. The public hearing was closed. Mr. Egan moved to approve Resolution No. 70-96, second- ed by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.B. RESOLUTION NO. 71-96: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach. 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. 71-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVEL- OPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLEC- TIONS THEREUNDER. (Copy of Resolution No. 71-96 is on file in the offi- cial 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 City Attorney stated that this resolution levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for fiscal year 1996/97 for operation and mainte- nance, and appropriates the collections thereunder to the DDA. This millage exceeds the 0.84 rolled back rate calculated under the TRIM law by 19.05 percent. Mayor Alperin declared the public hearing open. No one from the public came forward to speak on this item. The public hearing was closed. Mr. Randolph moved to approve Resolution No. 71-96, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 10.C. RESOLUTION NO. 72-96: A resolution making appropria- tions of sums of money for all necessary expenditures of the City for the period October 1, 1996 to September 30, 1997. Prior to -13- 09/17/96 consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 72-96: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPRO- PRIATIONS 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 RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 72-96 is on file in the offi- cial 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. Mayor Alperin declared the public hearing open. Diane Martini, resident, representing the Delray Beach Patrol Lifeguards, stated that the lifeguards are requesting a .30 cent raise so that their starting pay will be competitive with other cities who also require the EMT certification. She urged the Commission to consider having the lifeguards salaries increased so that they will be competitive with other cities that require similar certifications. Dan Burns, 1036 Bucida Road, fully supports the life- guards and stated that the EMT certification is very important for the lifeguards. He feels that the requirement for the lifeguards to have the EMT certification is quite beneficial for the City of Delray. The City Manager reported that the City has received the final version of the Hay Group Study for the salary plan. He stated some adjustments need to be made to Exhibit "A" of the 1996-97 Budget. The City Manager stated that he intends to bring the Hay Group Study to the Commission at the October 1, 1996 regular meeting with a recommendation to adopt the report. At that time, the City Manager stated he will be recommending an amendment to the budget which will not change the total revenue or the total expense but will change to some extent the alloca- tion of funds in order to implement the pay plan. The total cost for implementation is about $80,000. -14- 09/17/96 The public hearing was closed. Ms. Kiselewski moved to approve Resolution 72-96, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 10.D. 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. 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. 33-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, REPEALING C~LAPTER 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 A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 33-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Alperin commented that the public should be aware of the fact that this is actually a reduction in rates. The City Attorney noted a correction to page 8, subsec- tion (5) of the ordinance. She stated that the word "on" should read "no" Mr. Egan moved to adopt Ordinance No. 33-96 as correct- ed, on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.E. 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- -15- 09/17/96 ing Section 52.52 by clarifying the amount to be paid before discontinued service will be restored. 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. 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 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. (Copy of Ordinance No. 31-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Alperin announced to the public that there will be a 2% increase in the water rates for fiscal year 1996/97. Mr. Egan moved to adopt Ordinance No. 31-96 on Second and FINAL Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.F. 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. Prior to consideration of passage of this ordinance on Second and -16- 09/17/96 FINAL Reading, a public hearing has been scheduled to be held at this time. 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 SURCHARGE", 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. (Copy of Ordinance No. 32-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Alperin announced to the public that there will be a 2% increase for residential and nonresidential/commercial rates for fiscal year 1996/97. Mr. Randolph moved to adopt Ordinance No. 32-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 10.G. ORDINANCE NO. 35-96: An ordinance annexing a 3.76 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 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 -17- 09/17/96 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. (Copy of Ordinance No. 35-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing 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, entered into the record the Planning and Zoning Department's file on this project including the annexation, land use and zoning for this property. This piece of property is slightly less than four acres in size and is currently under Palm Beach County's jurisdiction with an HR-8 future land use map designation which is a maximum density of 8 units per acre with an agricultural zoning. Steve Tate, representing the owner/applicant, stated that at the previous Commission meeting, a question arose regard- ing the billboard. He stated that there is a one year lease on a billboard and should the property sell, there is a sixty day notice to break the lease. He assured the Commission that upon the sale of the land and the billboard would be removed. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 35-96 on Second and FINAL Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor -18- 09/17/96 Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 10.H. ORDINANCE NO. 36-96: An ordinance adopting Comprehen- sive Plan Amendment 96-1B related to the Silver Terrace and Hardrives/ Office Depot areas. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The amendments to the Future Land Use Map (FLUM) are: 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. (Copy of Ordinance No. 36-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 10.H.1. Future Land Use Map amendment from County Industrial 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. 10.H.2. Future Land Use Map amendment from County Industrial to City Transitional for a 9.0 acre portion of the Hardrives proper- ty (aka Elmore POC), located on the west side of Congress Avenue, approximately 800 feet south of Germantown Road. 10.H.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 Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- -19- 09/17/96 ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing 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. John Walker, Project Coordinator, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. John Walker stated that this item is a portion of Plan Amendment 96-1 which was transmitted to the State for their review in June. This portion deals only with the land use amendment and the text amendments related to the Silver Terrace and Hardrives parcels. In this portion of the plan amendment, there is one text amendment and a total of three future land use amendments. After the review by the State, it was found on this portion that there was going to be no objections, recommenda- tions, or comments. Therefore, DCA authorized the City of Delray Beach to adopt this item. The Planning and Zoning Board considered this item at its meeting of August 19, 1996. There was no public comment concerning the FLUM amendments or other items included in the Plan Amendment. After discussion, the Board voted unanimously to recommend to the City Commission that Comprehensive Plan Amend- ment 96-1B be adopted. There being no one else who wished to give testimony on this item, the public hearing was closed. Ms. Kiselewski moved to adopt Ordinance No. 36-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.I. SILVER TERRACE REZONINGS: QUASI-JUDICIAL HEARINGS 10.I.(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. 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 -20- 09/17/96 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. (Copy of Ordinance No. 39-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing 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, entered into the record the Planning and Zoning Department's file on this project for the rezoning and future land use amendment as well as the redevelopment plan for the Silver Terrace subdivision. This is the rezoning to the SAD (Special Activities District) to implement the provisions of the redevelopment plan which was adopted in March. The Planning and Zoning Board considered these rezo- nings at public hearing on June 10, 1996, and voted 6 to 0 to recommend that the zoning changes be approved. At first reading of the ordinances on September 3rd, the Commission voted 4 to 0 that they be approved. Mayor Alperin declared the public hearing closed. Ms. Kiselewski asked for clarification to the ordinance regarding Section 3, paragraph (4) where it states: "Within eighteen (18) months of adoption of the ordinance establishing the SAD zoning on the subject property, the existing Full Service Automobile Repair use located on Lots 8-9, Block 4 shall apply for site and development plan approval and install all improve- ments required to bring the site into compliance with all LDR requirements. If the required improvements are not installed, the use will revert to its current nonconforming status. Ms. -21- 09/17/96 Kiselewski stated that appears to only relate to lots 8 and 9 but the expansion could also be on two other lots (7 & 10). Ms. Kiselewski asked for clarification. Mrs. Dominguez clarified that should the Full Service Automobile Repair expand on lots 8 & 9 or lots 7 & 10, they would be subject to the 18 month limita- tion of establishing the SAD zoning. She also clarified that should they vacate the property after the expansion it would continue to be a permitted use. Mr. Egan moved to adopt Ordinance No. 39-96 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.I. (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. 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. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing 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. Mayor Alperin declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. This rezones the residen- -22- 09/17/96 rial area on the north side of S.E. 12th Road (within Block 6 of Lambert Trailer Court) to R-1-A to reflect the existing single family homes. The existing trailer park will retain its MH (Mobile Home) District zoning. The Planning and Zoning Board considered this rezoning at public hearing on June 10, 1996, and voted 6 to 0 to recommend that the zoning changes be approved. At first reading of the ordinance on September 3rd, the Commission voted 4 to 0 that it be approved. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 40-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 10.J. 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. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 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. (Copy of Ordinance No. 37-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. -23- 09/17/96 The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Mayor Alperin declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. In December, 1995, the entire 27.76 acre Hardrives site was annexed to the City. At the same time, a small scale Future Land Use Map amendment to City Industrial and initial zoning of I (Industrial) was processed for the north 7.93 acres of the 12.23 acre parcel lying east of Congress Avenue. The remaining 4.3 acres were not included due to restrictions associated with small scale FLUM amendments. The subject property retained its County FLUM and zoning Categories until the processing of the regular twice a year Comprehensive Plan amendment. The land use designa- tion change from County Industrial to City Industrial is included in Comprehensive Plan Amendment 96-1B. This ordinance establish- es the appropriate City zoning category. The Planning and Zoning Board considered this matter at public hearing on June 10, 1996, and voted unanimously to recom- mend that it be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Develop- ment Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D) (5). There being no one from the public who wished to give testimony, the public hearing was closed. Mr. Egan moved to adopt Ordinance No. 37-96 on Second and FINAL Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 10.K. 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 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 F~ARDRIVES PROPERTY LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, APPROXIMATELY 800 FEET -24- 09/17/96 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. (Copy of Ordinance No. 38-96 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing 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. Mayor Alperin declared the public hearing open. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. This ordinance establishes the zoning classification of I (Industrial) for a 4.3 acre portion of the Hardrives property located on the west side of Congress Avenue. In December, 1995, the entire 27.76 acre Hardrives site was annexed to the City. At the same time, a small scale Future Land Use Map amendment to City Transitional and initial zoning of POC (Planned Office Center) was processed for the west 6.72 acres of the 15.53 acre parcel lying west of Congress Avenue. The remaining nine acres were not included due to restrictions associated with small scale FLUM amendments. The subject proper- ty retained its County FLUM and zoning categories until the processing of the regular twice a year Comprehensive Plan amend- ment. The land use designation change from County Industrial to City Transitional is included in Comprehensive Plan Amendment 96-1B. This ordinance establishes the appropriate City zoning category. The Planning and Zoning Board considered this matter at public hearing on June 10, 1996, and voted unanimously to recom- mend that it be approved, based upon positive findings with respect to Chapter 3, (Performance Standards) of the Land Devel- opment Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D) (5). -25- 09/17/96 There being no one from the public who wished to give testimony, the public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 38-96 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.L. 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. David Tolces, Assistant City Attorney, stated that he spoke with Palm Beach County and they agreed that the correct legal description should be the legal description as contained in the Warranty Deed from the owners of the Delray Mall to the City. Mr. Egan moved to approve the Quit-Claim Deed to Palm Beach County as recommended by the City Attorney, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. Prior to the roll call, Mayor Alperin opened this item for public hearing. There being no one from the public who wished to speak, the public hearing was closed. 10.M. TRANSFER OF CITY-OWNED PROPERTY/AGREEMENT WITH DOLPHIN BAY DEVELOPERS, INC.: Consider approval of an agreement between the City and Dolphin Bay Developers, Inc. wherein the City will execute a quit-claim deed for the 10 feet on the westerly side of the Dolphin Bay parcel in exchange for the conveyance of a 5 foot easement on the south side of the parcel to accommodate an existing lift station. The subject property is located on the west side of Venetian Drive, south of Nassau Street adjacent to the Seagate Towers Condominium. David Tolces, Assistant City Attorney, stated this agreement concerns property on Venetian Drive where the former Marina Delray Hotel was located. There are two issues concerning this property. One, is the fact that the City has installed drainage improvements on the south side of the property without an easement. At the time the City went ahead with the construc- tion, there were negotiations with the property owner for devel- opment plans. The development plans did not follow through, however, the City continued with the construction and installa- tion of drainage improvements. As part of this agreement, the owner of the property will convey to the City the 5 foot easement on the south side of the property and therefore the City will be able to maintain the improvements. The second part of this agreement concerns the westerly 10 feet of this property. The -26- 09/17/96 property was improved with the hotel back in the 1950's and there were some additions made to the west side of the property includ- ing the seawall and the docks. In the 1950's, the City obtained some deeds from the property owners concerning the basin in that area. Due to the conflict in the legal descriptions, Mr. Tolces stated that this may have been the reason why the developer did not come forward and complete his plans last year. Some title information has been reviewed by the City Attorney's office. Mr. Tolces stated that the City Attorney's office has proposed issuing a quit-claim deed for the westerly 10 feet. Therefore, the City is not going to warrantee or guarantee any title to the property. By agreeing to quit-claim them the 10 feet, the developer will agree to give the City the 5 foot easement to the south end of the property. Andy Tantor, speaking on behalf of Dolphin Bay Develop- ers, Inc., stated he is unsure if the Commission is familiar with the property and the encroachment of the existing Bay Street lift pump station. He stated that he has proposed to grant the City a nonexclusive easement for the encroaching portion of the Bay Street lift pump station. Mr. Tantor agreed with Mr. Tolces that it solves two problems. One, the City's problem with the en- croachment and two, it gives the developer an opportunity to build a much more enhanced residential development at the former hotel site. The public hearing was closed. Mr. Egan moved to approve the property agreement with Dolphin Bay Developers, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 4 to 0 vote. 10.N. SALE OF CITY-OWNED PROPERTY/DELRAY BEACH RENAISSANCE PROGRAM: Consider approval of the Contract for Sale and Purchase for a City-owned lot on S.W. 6th Avenue, as subsidy for an income eligible applicant under the City's Housing Renaissance Program in the amount of $9,500. Ms. Kiselewski moved approval of the Contract for Sale and Purchase for a City-owned lot on S.W. 6th Avenue under the Delray Beach Renaissance Program, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. There being no further business, Mayor Alperin declared the meeting adjourned at 7:45 P.M. /citY-Cl~rk , -27- 09/17/96 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 17, 1996 which minutes were formally approved and adopted by the City Commission on ; ' 3city Cl~rk ! NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -28- 09/17/96