Loading...
10-01-96 OCTOBER 1, 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, October 1, 1996. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner Karen Kiselewski Commissioner David Randolph Mayor Jay Alperin Absent - None Also present were - Acting City Manager Robert A. Barcinski and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Mr. Buddy Owens, Christ Community Chapel. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Ellingsworth moved to approve the Agenda as submit- ted, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Regular Meeting of September 17, 1996, seconded by Ms. Kiselews- ki. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizinq Kenneth L. Porter on the occasion of his 100th Birthday - October 8, 1996. Mayor Alperin read and presented a proclamation recog- nizing Kenneth L. Porter on the occasion of his 100th Birthday, October 8, 1996. Mr. Porter came forward to accept the proclama- tion. 6.B. Heritage Month - October, 1996. Mayor A1perin read and presented a proclamation recog- nizing the month of October, 1996, as Heritage Month in Delray Beach and urged all citizens to join in the celebration of the City's historical cultural heritage. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6.C. Domestic Violence Awareness Month - October, 1996. Mayor A1perin read and presented a proclamation recog- nizing the month of October, 1996, as Domestic Violence Awareness Month. He commended Aid to Victims of Domestic Abuse (A.V.D.A.) for its supportive services in assisting victims of domestic violence. Ms. Gail Decker came forward to accept the proclama- tion. 6.D. Florida City Government Week - October 20-26, 1996. Mayor A1perin read and presented a proclamation recog- nizing the week of October 20 through 26, 1996 as Florida City Government Week. Mr. Robert A. Barcinski, Acting City Manager, accepted the proclamation. 6.E. Commending the Delray Beach Police and Fire Arson Task Force. Mayor A1perin read and presented a proclamation com- mending the Delray Beach Police and Fire Arson Task Force on their dedicated service and innovative ways to combat crime and arson in the City. Police Chief Richard G. Overman and Assistant Fire Chief Mike Wigderson came forward to accept the proclama- tion. OF NOTE: 6.F. Lupus Awareness Month - October, 1996. Mayor A1perin presented a proclamation recognizing the month of October, 1996, as Lupus Awareness Month. 6.G. National Red Ribbon Celebration - October 23-31, 1996. Mayor A1perin presented a proclamation recognizing the week of October 23 through 31, 1996 as National Red Ribbon Celebration week. 7. Presentations: 7.A. Paint-Up Delray - November 16, 1996. Jennifer Hofmeister, Neighborhood Program Specialist, gave a video presentation about the Paint-Up Delray program and encouraged everyone to become involved in this year's effort. 2 10/01/96 Lula Butler, Director of Community Improvement, an- nounced that this year's Paint-Up Delray will be held in the Osceola Park neighborhood on Saturday, November 16, 1996, begin- ning at 7:30 a.m. 7.B. Recoqnition of City Fire Stations Nos. 1, 2, 3, 4 & 5, and the Town of Highland Beach Fire Station, by "Operation Life Safety" of the International Association of Fire Chiefs and the U.S. Fire Administration as recipients of the 'First Annual Fire "Safe" Station' awards. Acting City Manager Robert Barcinski stated that the five fire stations located within the City as well as the new fire station in Highland Beach have been honored by "Operation Life Safety". The City is the recipient of the 'First Annual Fire "Safe" Station' award that has been bestowed upon fire departments throughout the nation that are protected fully by fire sprinklers. He noted that the Fire Department volunteers the labor for installing fire sprinkler systems in all the new Habitat for Humanity homes that are being built within the City. Mr. Barcinski presented a Certificate of Recognition to Mayor Alperin and the City Commission on behalf of "Operation Life Safety". At this point, Mr. Barcinski announced that the City has received a Certificate of Appreciation from the Palm Beach County School District's Child Care Services Program for the City's generous contribution of matching dollars. 8. CONSENT AGENDA: 8.A. RESOLUTION NO. 73-96: Adopt a resolution abandoning N.W. 27th Avenue and a portion of N.W. 2nd Street, and acceptance of replacement utility easements within the Breezy Ridge Estates subdivision, located north of West Atlantic Avenue approximately 3,500 feet west of Congress Avenue. The caption of Resolution No. 73-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE RIGHTS-OF-WAY FOR N.W. 27TH AVENUE AND A PORTION OF N.W. 2ND STREET WITHIN THE BREEZY RIDGE ESTATES SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN; AND SUBJECT TO CONVEYANCE OF A UTILITY EASEMENT FOR THE MAINTENANCE OF EXISTING FACILITIES. (Copy of Resolution No. 73-96 is on file in the offi- cial Resolution Book) 8.B. RESOLUTION NO. 74-96: Adopt a resolution authorizing the City to donate a Police vehicle (1991 Ford Crown Victoria) to 3 10/01/96 the Citizens on Patrol (C.O.P.) program for Pines of Delray North Condominium Homeowners Association. The caption of Resolution No. 74-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO DONATE ONE 1991 FORD CROWN VICTORIA, V.I.N. NUMBER 2FACP72GXMX177163, MILEAGE 79,050, TO THE PIN~S OF DELRAY NOR~ CONDOMINIUM HOMEOWNERS ASSOCIATION. (Copy of Resolution No. 74-96 is on file in the offi- cial Resolution Book) 8.C. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREE- MENTS/FIVE NON-PROFIT AGENCIES: Authorization to execute funding agreements with five non-profit agencies for FY 1996/97: Boys and Girls Club, Community Child Care Center, Alpha-Time Children's Center, Urban League and Mad Dads; with total funding in the amount of $135,300 from various accounts of the CDBG fund. 8.D. AMENDED GRANT AWARD CALCULATION FOR DELRAY OAKS: Approve the amended grant award calculation detailing the final costs associated with acquisition of the Delray Oaks Ecosite. 8.E. CHILDRENS' SERVICES COUNCIL GRANT CONTRACT/AFTER SCHOOL PROGRAM: Approve the Children's Services Council grant contract for funding in the amount of $101,252 for the FY 1996/97 after school programs at the Community Center, Pompey Park, and the Delray Full Service Center. 8.F. 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 September 16 through Septem- ber 27, 1996. 8.G. AWARD OF BIDS AND CONTRACTS: 1. Bid award to C & B Industry Safety, Inc. via Palm Beach County contract for the purchase of safety shoes, at an estimated annual cost of $23,043 from various departmental operating budget accounts (52.22) . 2. Bid award to Ric-Man International, Inc. for Phase I reconstruction of the Highland Beach Force Main, in the amount of $368,706 from 442-5178-536-63.92 through budget transfer from 63.51. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor 10/01/96 Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WATERWAY EAST REOUEST FOR PAVER BLOCK SIDEWALK: Consider extending the paver block sidewalk down the east side of the Waterway East Condominium property on Venetian Drive, to match their internal walkways. Mr. Barcinski stated that Waterway East Condominium has requested an extension of the paver block sidewalk down the east side of Venetian Drive to the end of their property. He pointed out that previously Waterway East gave the City land to construct a new stormwater pump station at the north end of Miramar as well as an easement for the outfall from the station to the Intracoas- tal and an easement for the storm sewer from Venetian to the pump station. Waterway East did not receive any compensation from the City for these easements. They are asking the City to pay the costs of installing this paver block sidewalk along Venetian and consider it compensation for the easements previously granted to the City. Mr. Barcinski stated that the City Manager recommends Option No. 2 at a cost of $9,414.00. Mr. Egan moved to approve Waterway East's request to extend the paver block sidewalk down the east side of their property on Venetian Drive to match their internal walkways, with the understanding that this additional work will not cause any additional delay to the East Atlantic Avenue Beautification Project, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.B. PROGRESS REPORT FOR KEYSTONE CREATIONS: Consider a progress report regarding required improvements at the Keystone Creations facility located on the east side of N.W. 18th Street, north of Don Francisco's Way. Diane Dominguez, Planning Director, explained that on August 6, 1996, the City Commission voted to extend the condi- tional use and site plan approvals for Keystone Creations for a maximum of four months, subject to conditions. At the end of that four months, or by December 6, 1996, all of the Phase I improvements were to be completed. As a condition of approval of the extension, the project was to be brought back to the Commis- sion for a progress report in two months, or at this meeting, with the understanding that if Phase I improvements were not substantially completed by that time, the conditional use and site plan approvals would become null and void and the Commission might then consider possible legal options with respect to the continuation of the use on the subject property. Staff deter- mined that the following improvements needed to be made by October 1st in order for the Commission to make a finding that 5 10/01/96 the project is substantially complete: 1) that the site is cleared of all scrap stone; 2) that all stone and building materials are removed from the right-of-way; 3) that the walls and roof of the building have been erected; and 4) that the parking area has been prepared for paving. Ms. Dominguez reported that staff had visited the site last week to determine the status of improvements and found that virtually no progress had been made. Another site visit was made today and staff found that the stone and building materials had been removed from the rights-of-way. However, there is still debris on the site and the building walls are only partially completed. Bruce Kaleita, Attorney for the applicant, explained that his client has had several economic as well as personal setbacks since the August 6th meeting. He stated that he is currently working with his client to have the stone and building materials removed from the site. On the positive side, the rear building is under construction, the walls are going up and the roof trusses are on site. Mr. Kaleita noted that this is only a status report by City staff to see how the improvements are progressing. He emphasized that the applicant is only halfway through the four month time frame. He could not say if another extension request is a possibility. He commented that he is uncomfortable with the situation, but events occur that cannot be controlled. He stated that if the Commission allows his client to continue with the improvements, they will document to City staff the progress of the improvements prior to the City Commission meeting of December 10, 1996. Mr. Egan stated that he understood this is just a progress report and times have been difficult for the applicant. However, the Commission is putting the applicant on notice that the City will not accept any more excuses in December, 1996. Mr. Ellingsworth moved to allow the applicant the additional two months to complete the work; require that the Certificate of Occupancy for all of the Phase I improvements be obtained by no later than December 6, 1996; that the project be brought back to the Commission on December 10, 1996, to determine if the conditions of approval have been met; that Code Enforce- ment take immediate action on all violations such as material stored on the right-of-way; and with the caveat that the City Attorney begin researching legal options. The motion was second- ed by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - No; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. 9.C. LICENSE AGREEMENT/MUSICIAN'S EXCHANGE, INC.: Consider a license agreement with Musician's Exchange, Inc. for use of 6 10/01/96 right-of-way to provide a valet parking queue at 213 East Atlan- tic Avenue. Acting City Manager Robert Barcinski stated that the initial request was for three (3) valet parking spaces to be reserved between 5:00 p.m. and 1:00 a.m., seven days a week. It is staff's recommendation that valet parking be limited to two (2) parking spaces. The City Manager recommends approval of the license agreement for two valet parking spaces subject to condi- tions as recommended by staff. Mr. Egan stated that as the Commission's representative to the Parking Management Team he had attended the PMT's meeting on September 12, 1996. The PMT approved a recommendation that the City Commission place a moratorium on the approval of new license agreements for valet operations which utilize public parking lots until a master plan for such operations in the downtown area is approved. It was pointed out by Mr. Egan that approximately five new restaurants have plans to open in the downtown area during the next six weeks. While it is exciting to see redevelopment and activities downtown, public parking is limited. Mr. Egan moved to recommend approval of the license agreement with the Musician's Exchange for use of right-of-way to provide two (2) valet parking spaces, subject to the conditions recommended by City staff, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/PINEAPPLE FESTIVAL IN THE GROVE: Consider a request from Pineapple Grove Main Street, Inc. for a permit to use City rights-of-way, CRA property, and City services in connection with the First Annual Pineapple Festival in the Grove on Saturday, October 26, 1996, from 4:00 until 11:00 p.m. Acting City Manager Robert Barcinski stated staff approves the request for the temporary use permit and support from the City, with the following exceptions: 1) the event sponsors should arrange for and pay for Port-O-Lets; and 2) consider waiver of ten permit fees, but not required inspections. Overtime is estimated at $850.00. The event sponsors are not asking for an overtime waiver. Mr. Ellingsworth moved to approve the Pineapple Grove Mainstreet event request for a temporary use permit and staff support for the 1st Annual Pineapple Festival in the Grove with the exceptions noted by staff, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 0/01/96 9.E. CONDITIONAL USE REQUEST/HAMMOCK RESERVE: Consider a conditional use request to allow 103 zero lot line single family detached units within the RM-8 (Medium Density Residential) district associated with the Master Development Plan for Hammock Reserve development, on a 29 acre portion of Bloods Grove located on the south side of Linton Boulevard east of Military Trail. QUASI-JUDICIAL PROCEEDINH 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 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, including the conditional use and master development plan for this project. The conditional use relates to the northern portion of the property and is zoned RM-8. Zero lot line homes are permitted as a conditional use in the RM zoning district. However, the conditional use and the RM-8 portion is part of an overall development which includes the PRD zoning to the south. While this conditional use only relates to the RM zoned property, it should be considered in the context of the entire development. This proposal has changed since it was initially submitted. The developer first intended to develop the property with a combination of townhomes to the north, duplexes located in the middle portion and single family homes on the southern portion. Staff expressed some concerns and after the developer conducted additional marketing, the duplexes were eliminated. Afterwards, the townhomes were eliminated in the RM-8 zone district so now the development is single family, detached owner occupied housing. Ms. Dominguez pointed out that the proposed density is considerably less than what was original- ly contemplated. The ultimate zoning would have allowed 492 units. The development proposal is for a total of 273 units. At the Planning Zoning Board meeting of September 16, 1996, the Board voiced some concerns regarding the lack of architectural diversity and recreational amenities within the subdivision. Nonetheless, the Board felt that the changes being offered in the elevations were sufficient to provide some variety in the appearance. The Board was satisfied with all of the adjustments and approved the master development plan in addition to recommending approval of the conditional use request. William Shannon, General Counsel for DiVosta and Company and representing the Hammock Reserve Development Company, stated that a number of witnesses were present this evening to answer any questions the Commission may have regarding this development. He provided a list of exhibits for Commission review as well as for the record. 8 10/01/96 Richard Greene, Agent, reviewed the details of the development proposal. He explained that numerous changes had been made to the site plan in an effort to address staff concerns and to encourage a family-oriented community. The development is now 100% single family detached homes. Thomas E. Lynch, former Mayor of the City, commented that the City has a vested interest in this project. Both staff and the developer have worked hard to come up with a good project. It is not perfect, but both sides have made substantial compromises. Several years ago over 600 units were being pro- posed for this property and now it is down to 273 units. The development is for middle income, single family housing, and the developer is one of the best in the state. Mr. Lynch urged the Commission to support this proposal as he felt it will be an asset to the City. There being no one else who wished to give testimony on this item, the public hearing was closed. After discussion, Mr. Egan moved to approve the condi- tional use request for Hammock Reserve, subject to the Planning and Zoning Board's recommendation, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 1. Report of the Planning and Zoning Board's action regarding the Master Development Plan for Hammock Reserve. Mr. Randolph moved to receive and file the report, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 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. LEVY PROPERTY LAND USE ACTIONS: 10.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. 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. 9 10/01/96 The City Manager presented Ordinance No. 41-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 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) 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 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. The request is for a small scale Future Land Use Map amendment from Transitional to General Commercial. The applicant plans to use the property for either vehicle sales, rental and leasing with no service component, or a vehicle wash establishment and detailing. However, only one use can be on the property at any given time and not a combination of both uses. The Levy property has a lengthy history which is outlined in detail in the staff report. The Planning and Zoning Board considered this item at its meeting of August 19, 1996 and recommended approval, subject to conditions. Roger S&berson, Attorney, stated that he was available to answer any questions the Commission may have regarding this development. There being no one else who wished to give testimony on this item, the public hearing was closed. -zo- z0/0z/96 Mr. Randolph moved to adopt Ordinance No. 41-96 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. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.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. 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 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 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. The Planning and Zoning Board considered this item at its meeting of August 19, 1996 and recommended approval. Roger Saberson, Attorney, stated that he was available to respond to any questions the Commission may have regarding this proposal. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Egan moved to adopt Ordinance No. 42-96 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. The Commission considered Items 10.B and 10.B.1 joint- ly. 10.B. SALE OF CITY-OWNED PROPERTY UNDER THE RENAISSANCE PROGRAM: Consider approval of the Contract for Sale and Purchase to convey a property as subsidy for an eligible applicant under the City's Housing Renaissance Program in the amount of $8,500; -11- 10/01/96 the north 50' of Lot 1, Block A, Westside Heights. Prior to consideration of passage of this item, a public hearing has been scheduled to be held at this time. 10.B.1. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve and authorize issuance of a funding subsidy totaling $6,511.15 for an eligible applicant under the Delray Beach Renaissance Program, from HOME Account %118-1923-554-83.01 Mayor Alperin declared the public hearing open. There being no one to address the Commission on this issue, the public hearing was closed. The City Attorney pointed out that the amount in the funding subsidy in the contract reflects $6,400; whereas, the funding subsidy mentioned in the agenda is $6,511.15. Lula Butler, Director of Community Improvement, stated that the correct amount for the funding subsidy is $6,511.15. The City Attorney noted that the contract will be modified to reflect this amount. Ms. Kiselewski moved approval to execute the contract, as amended, to convey the property located on Northwest 10th Avenue as subsidy under the Delray Beach Renaissance Program, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 11. Co=~ents and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. None. 11.B. From the Public. 11.B.1. Lillian Feldman, President of Delray Property Owners, referred to recent news articles in both the Sun Sentinel and The Monday Times concerning the prospective widening of Linton Boulevard between Military Trail and Congress Avenue. She asked how this would be done since there does not seem to be enough room for any widening. She further stated she hopes there are no plans to widen by eliminating the medians. If that is the case, Mrs. Feldman stated there would be vehement opposition from residents in the area. 11.B.2. Maureen Turner, who resides east of the Intracoastal Waterway and south of the Linton Bridge, expressed concern about -12- 10/01/96 boats speeding on the Intracoastal Waterway in the area under and south of the Linton Boulevard bridge during both daytime and evening hours. She felt that these boats, including jet skis, present a very dangerous situation. She recently witnessed two boats going around in circles on the water directly under the Linton Bridge at excessive speeds which almost hit her dock and nearly collided with another boat. In addition, manatees have been seen in this area and this type of boat activity is a danger to their safety. Ms. Turner strongly urged that "No Wake" or "Idle Speed Only" signs be posted on the bridge, and signs should also be placed further south on the Intracoastal Waterway. After contacting the Florida Marine Patrol, she was told that they do not have jurisdiction. She also contacted other agencies and was told the same thing, so she is appealing to the City Commission for help. Mayor Alperin asked Ms. Turner to leave her telephone number and address with City staff. A response to her concern will be available at the next regular meeting. 12. FIRST READINGS: 12.A. ORDINANCE NO. 34-96: Reconsider 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/public hearing October 15, 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 (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. (Copy of Ordinance No. 34-96 is on file in the official Ordinance Book) Although this was not a public hearing item, the following individuals were allowed to address the Commission on this issue. Lisa Freedman, President of the Board of Directors for Lavers South Club and speaking on behalf of the Delray Racquet -13- 10/01/96 Club, stated that the Board of Directors fully support the proposal. Doak Campbell, III, Attorney, provided a lengthy history of the property. The current owner is trying to upgrade the overall condition of the entire development. Mr. Campbell stated that his client does not have any problem with the four conditions of approval as recommended by the Planning and Zoning Board. Mr. Renzo Reis, speaking on behalf of his brother-in- law who is the owner of the property, stated that he personally has made several improvements to the roadway. He pointed out that the lighting will be improved at the entrance to the proper- ty. Mr. Reis distributed photographs to the Commission members of the temporary sales and reception building. Mr. Ellingsworth moved to approve Ordinance No. 34-96 on FIRST Reading subject to recommendations of the Planning and Zoning Board, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth Yes; Mr. Randolph Yes; Mayor Alperin - No; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. 12.B. ORDINANCE NO. 43-96: An ordinance rezoning the Sea- crest property, located on the west side of Seacrest Boulevard across from Atlantic High School, from NC (Neighborhood Commer- cial) and POD (Professional Office District) to CF (Community Facilities) District. If passed, quasi-judicial/public hearing October 15, 1996. The City Manager presented Ordinance No. 43-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) IN PART AND POD (PROFESSIONAL OFFICE DISTRICT) IN PART, IN THE CF (COMMUNI- TY FACILITIES) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE SEACREST PROPERTY, LOCATED ON THE WEST SIDE OF SEACREST BOULE- VARD ACROSS FROM ATLANTIC HIGH SCHOOL, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 43-96 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 43-96 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - -14- 10/01/96 Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 44-96: An ordinance rezoning the San- doway House property, located on the west side of South Ocean Boulevard between Sandoway Park and Ingraham Park, from RM (Medium Density Residential) District to CF (Community Facili- ties) District. If passed, quasi-judicial/public hearing October 15, 1996. The City Manager presented Ordinance No. 44-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE SANDOWAY HOUSE, LOCATED AT 142 SOUTH OCEAN BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; 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. 44-96 is on file in the official Ordinance Book) Mr. Egan moved to approve Ordinance No. 44-96 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 45-96: An ordinance amending LDR Section 2.4.6(H), "Temporary Use Permit", to add "Seasonal Farmer's Market" as an allowable temporary use. If passed, public hearing October 15, 1996. The City Manager presented Ordinance No. 45-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(H), "TEMPORARY USE PERMIT", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING 'SEASONAL FARMER'S MARKET' AS AN ALLOWABLE TEMPORARY USE, AND PROVIDING FOR CERTAIN RESTRICTIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 45-96 is on file in the official Ordinance Book) -15- 10/01/96 Diane Dominguez, Planning Director, stated that the City Commission considered an amendment to the LDR in July, 1996 at which time they expressed reservations about adding the use to the OSSHAD zoning district because of the potential for other requests for this type of use. Also, there had been concern as to the types of products which could be sold. She noted that the current amendment will allow "Seasonal Farmer's Market" subject to specific, limited circumstances and the use would be allowed anywhere in the City's TCEA (Transportation Concurrency Exception Area), for the portion east of the Intracoastal Waterway, which includes the downtown area and West Atlantic Avenue. Mr. Egan moved to approve Ordinance No. 45-96 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 46-96: An ordinance amending LDR Section 4.6.9, "Off-Street Parking Regulations", by adding parking lot dimension details, striping details, reducing guest parking requirements, amending compact car marking details and other minor modifications to related sections. If passed, public hearing October 15, 1996. The City Manager presented Ordinance No. 46-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULA- TIONS'', OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING PARKING LOT DIMENSION DETAILS, STRIPING DETAILS, AMENDING GUEST PARKING REQUIREMENTS, AND OTHER MINOR MODIFICATIONS TO RELATED SECTIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 46-96 is on file in the official Ordinance Book) Diane Dominguez, Planning Director, stated that signif- icant changes have been made, such as: the compact space marking details, parking striping details and reduction in the number of required guest parking spaces. The Planning and Zoning Board considered this item on September 16, 1996, and recommended approval, with the exception of the changes implementing single parking space striping. The Board felt that the current double striping forced people to center their vehicles in the parking spots, thereby reducing damage to adjacent vehicles caused by the opening of vehicle doors. She pointed out that the City's parking requirements, especially for multi-family uses, are excessive. Staff compared the code to the regulations of other -16- 10/01/96 cities. Most of the cities require about 1/3 of the parking spaces that we require. We probably require more in terms of regular parking spaces per unit so we changed that to be more in line with other cities. Some technical changes were also made to the "Off-Street Parking Requirements". Mayor Alperin expressed concern about the elimination of guest parking if that were to mean that a developer would be able to increase the amount of building coverage on a site and detract from open space or landscaping. Ms. Dominguez confirmed that the 25% rule for open space would not be affected. Mr. Egan moved to approve Ordinance No. 46-96 on FIRST Reading, seconded by Ms. Kiselewski. Upon roll call the Commis- sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission returned to the regular meeting portion of the agenda. 9.F. HAY GROUP STUDY/RESOLUTION NO. 75-96: Consider accep- tance of the final Hay Group Classification and Compensation Study and approval of Resolution No. 75-96 adjusting the FY 1996/97 budget to incorporate same. The caption of Resolution No. 75-96 is as follows: A RESOLUTION OP THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 72-96 WHICH MADE APPROPRIA- TIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1996/97, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1996/97; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (Copy of Resolution No. 75-96 is on file in the offi- cial Resolution Book) Acting City Manager Robert Barcinski stated that the City Manager had indicated that he was generally satisfied with the document and wished to proceed. Mr. Barcinski pointed out that the Hay Group studied both the private/public market, job requirements, job descriptions and had made recommendations regarding pay plan adjustments. He noted that there are 17 employees whose salaries need to be raised in order to bring them to the minimum of their new pay range. -17- 10/01/96 Mr. Randolph expressed concern that the FY 1997 budget needs to be~adjusted to incorporate these amounts. He also was concerned if necessary attention had been given to the approved budget since the final Hay Group study was not submitted to the City prior to budgetary considerations. Mayor Alperin stated that the Human Resources Organiza- tional Assessment refers to a text being provided under separate cover. He was not provided with that document and is not com- fortable with an imcomplete report. He commented that the study is a difficult document to review and he would like additional time to look at the entire report before action is taken by the Commission. He felt very uncomfortable with the situation and asked the Commission to review the document carefully. Also, he was very disturbed that some of the conclusions contained in the report appear to be there for the purpose of generating more work for this particular consultant. Mr. Elingsworth moved to postpone consideration of the Hay Group Classification and Compensation Study and Resolution No. 75-96 to a special meeting on October 8, 1996, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.G. MUNICIPAL LEAGUE REPRESENTATION: Consider representa- tion to the Palm Beach County Municipal League and designation of voting delegates, as appropriate. Acting City Manager Robert Barcinski stated that currently the City does not have a formal representative to the Municipal League. When the City Commission liaison assignments were finalized and approved on May 7, 1996, no member of the Commission was able to assume this commitment. Mayor Alperin stated he was unable to attend the last Municipal League meeting and that he would like to take the opportunity to thank Ms. Kiselewski and Mr. Randolph for repre- senting the City on his behalf. Mr. Ellingsworth moved to nominate Ms. Kiselewski as the representative to the Palm Beach County Municipal League, with Mr. Randolph as the alternate representative, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE POMPEY PARK ADVISORY COMMITTEE: Appoint one 13-19 year age group member to the Pompey Park Advisory Committee for a two-year term ending September 13, 1998. The appointment will be made by Commissioner Kiselewski. -18- 10/01/96 Ms. Kiselewski moved to appoint Ely Turner (youth member) to the Pompey Park Advisory Committee for a two-year term ending September 13, 1998, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE EDUCATION BOARD: Appoint a student member to the Education Board to fill an existing vacancy, for a two-year term ending July 31, 1998. The appointment will be made by Commissioner Egan. Mr. Egan moved to appoint Hassan Ali Wedderburn to fill an existing vacancy of a student member to the Education Board for a two-year term ending July 31, 1998, seconded by Mr. Elling- sworth. Upon roll call the Commission voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.J. EVALUATION/CITY ATTORNEY. Mr. Ellingsworth moved to approve a 5% performance increase for the City Attorney, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0 vote. 9.K. EVA~UATION/CITYMANAGER. It was the consensus of the Commission to postpone the evaluation of the City Manager to the Special Meeting on October 8, 1996. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager With respect to the issue of bus shelters, Mr. Barcin- ski reported that staff had contacted Wayne Speight, Special Projects Coordinator with Palm Tran, about the status of funding for shelters. Mr. Speight has responded that Palm Tran is not currently seeking federal grants for the funding of bus shelters. However, Palm Tran is seeking funding for approximately 300 bus shelters through the County Commission. No funding has been committed at this point. If full funding is obtained, the money would be used for the 300 sites identified throughout the County. If partial funding is obtained, the sites will be prioritized and the money allocated on that basis. The 300 sites have not yet been prioritized. The County has identified 16 locations in the City which warrant bus shelters. Three of these sites already have shelters and three of the sites need to be identified in the field through the installation of signage. Mr. Barcinski stated -19- 10/01/96 that a listing of the 16 sites will be provided to the Commission members. Mr. Barcinski announced that the first session of this year's Leadership Delray will be held on Wednesday, October 9, 1996, at 8:30 a.m. in City Hall. He invited the Commission to attend this session. A luncheon will be held at noon at the Municipal Golf Course. 13.B. City Attorney The City Attorney thanked the Commission members for their confidence and support. 13.C. City Commission 13.C.1. Mr. Eqan expressed concern regarding the Delray Beach Housing Authority and the problems that group has been experienc- ing, such as regularity of meetings and lack of attendance. Mayor Alperin commented that this issue has been resolved. 13.C.2. Mr. Elllnqsworth asked the Assistant City Manager to send condolences to Mr. and Mrs. Harden on behalf of the City Commission. Secondly, Mr. Ellingsworth distributed apples to the Commission from his recent trip to New Mexico. 13.C.3. Ms. Kiselewski complimented the community garden project which is being sponsored by Carver Park and the Sunshine Homeowners Associations. The 'open house' was held on Saturday, September 28, 1996, and everyone has done an excellent job. Ms. Kiselewski noted that at a prior meeting, concern was expressed by Mr. Randolph about lights on West Atlantic Avenue. She, too, feels there is a problem and has received complaints about speeding along this section. She asked if anything can be done to slow things down? Mr. Barcinski stated that a letter was sent to Palm Beach County, and they will be doing a traffic study and count in November, 1996. Ms. Kiselewski asked if the study will address the speed of traffic between 1-95 and Swinton Avenue? Mr. Barcinski stated he would contact the County to make sure the speeding issue as well as the turn signals are included in the study. 13.C.4. Mr. Randolph commented that he had attended the session at Lake Ida Park on Monday, September 30th, concerning Palm Beach -20- 10/01/96 County's evaluation and management plan for the chain-of-the- lakes coasta~l ridge, including Lake Ida and Lake Eden in Delray Beach. County Commissioner Warren Newell is spearheading this effort to protect, restore and enhance the lake system, and has asked for the cooperation of local municipalities in implementing the plan. Mr. Randolph stated that he feels the citizens of Delray Beach will benefit quite a bit from this effort, and hopes the City will support the County in this endeavor. 13.C.5. Mayor Alperln expressed his appreciation to Mr. Ran- dolph, Mr. Ellingsworth and the City Manager for representing the City at the Lake Ida Park meeting on Monday, September 30, 1996. There being no further business, Mayor Alperin declared the meeting adjourned at 8:30 P.M. City~Cler~ J 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 October 1, 1996 which minutes were formally approved and adopted by the City Commission on ~~ /~. /9~A City ~lerky-/ , 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. -21- 10/01/96