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11-07-95 NOVEMBER 7, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, November 7, 1995. 1. Roll call showed= Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Greg Barrette, Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Manager noted the addition of Addendum Item 9.H., MUNICIPAL GOLF COURSE BRIDGE RAILING REPAIR to the Regular Agenda. He further noted that there was a change regarding Item 9.B., SERVICE AUTHORIZATION %3/DIGBY BRIDGES, MARSH & ASSOCIATES. The contract amount should be amended to include up to $2,000.00 in reimbursable expenses in addition to the $14,407.00 for archi- tectural services. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved to approve the Minutes of the Regular Meeting of October 10, 1995 and the Regular Meeting of October 24, 1995, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Veterans Day Service - November 12, 1995 Mayor Lynch read and presented a proclamation in honor of Veterans Day, November 11, 1995, and recognizing the Jewish War Veterans Post No. 266 Veterans Day service on Sunday, Novem- ber 12, 1995, at Veterans Park. Mr. Abraham Bellis came forward to accept the proclamation. 6.B. Bahamian and Friends of the Bahamas Reunion Day - November 18, 1995. Mayor Lynch read and presented a proclamation recogniz- ing November 18, 1995, as Bahamian and Friends of the Bahamas Reunion Day. Ms. Tracy Saunders came forward to accept the proclamation. 6.C. OF NOTE: Breast Cancer Awareness Month - October 1995. Mayor Lynch presented a proclamation recognizing the month of October 1995 as Breast Cancer Awareness Month. Adult Immunization Awareness Week - October 22-28, 1995. Mayor Lynch presented a proclamation recognizing the week of October 22 through 28, 1995 as Adult Immunization Aware- ness Week. National Bible Week - November 19-26, 1995. Mayor Lynch presented a proclamation recognizing the week of November 19 through 26, 1995 as National Bible Week. Alzheimer's Disease Awareness Month - November 1995. Mayor Lynch presented a proclamation recognizing the month of November 1995 as Alzheimer's Disease Awareness Month. National Home Care Month - November 1995. Mayor Lynch presented a proclamation recognizing the month of November 1995 as National Home Care Month. National Hospice Month - November 1995. Mayor Lynch presented a proclamation recognizing the month of November 1995 as National Hospice Month. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 11/o7/95 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions taken by the SCRWTD Board at its meeting of October 19, 1995. 8.B. RIGHT OF ENTRY EASEMENT AGREEMENT AND ACCEPTANCE OF EASEMENT DEED/BARNETT BANK: Approve a Right of Entry Easement Agreement with Barnett Bank of Palm Beach County for the instal- lation of a water main and drainage structures along East Road, north of Atlantic Avenue, and accept an easement deed for contin- ual access to the improvements. 8.C. FINAL BOUNDARY PLAT/CITATION CLUB: Approve final boundary plat for the Citation Club located on the east side of Military trail, south of Linton Boulevard. 8.D. AMENDMENT ~001/HRS SUBSTANCE ABUSE CONTRACT: Approve an amendment to the HRS Substance Abuse contract, originally approved by the Commission on June 20, 1995, to include an indem- nification clause. 8.E. SETTLEMENT/CATHERINE MAZZULLO VS. CITY OF DELRAY BEACH, ET AL: Approve settlement of the referenced case as recommended by the City Attorney. 8.F. SETTLEMENT/PAILLANT AND GUILLAUME VS. CITY OF DELRAY BEACH: Approve settlement of the referenced case as recommended by the City Attorney. 8.G. SETTLEMENT/JACQUELINE FAGINS VS. CITY OF DELRAY BEACH: Approve settlement of the referenced case as recommended by the City Attorney. 8.H. RESOLUTION NO. 78-95 AND ASSIGNMENT TO HABITAT FOR HUMANITY: Approve a resolution authorizing the City to acquire vacant property located at 604-606 S.E. 4th Avenue to provide for housing pursuant to the City's Affordable Housing Program, to- gether with an Assignment Agreement in which the City assigns its rights in the purchase contract to Habitat for Humanity. The caption of Resolution No. 78-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. {Copy of Resolution No. 78-95 is on file in the offi- cial Resolution Book) -3- 11/07/95 8.I. RESOLUTION NO. 79-95: Adopt a resolution assessing costs for abatement action required to board up an unsafe build- ing at 640 S.W. 4th Avenue. The caption of Resolution No. 79-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 79-95 is on file in the offi- cial Resolution Book) 8.J. RESOLUTION NO. 80-95: Adopt a resolution assessing costs for abatement action required to remove a nuisance at 515 S.W. 2nd Street. The caption of Resolution No. 80-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 80-95 is on file in the offi- cial Resolution Book) -4- 11/07/95 8.K. RESOLUTION NO. 81-95: Adopt a resolution assessing costs for abatement action required to remove nuisances on twelve (12) properties located throughout the City. The caption of Resolution No. 81-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 81-95 is on file in the offi- cial Resolution Book) 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period October 23 through November 3, 1995. 8.M. AWARD OF BIDS AND CONTRACTS: 1. a. Bid award to Molloy Brothers, Inc. for con- struction of the Atlantic Avenue/Miramar Drive Stormwater Pump Station in original contract amount of $750,705.00; together with deduct Change Order #1 in the amount of $22,750 for the removal of the permanent sheet piling from the project, for a revised contract amount of $727,955.00, with funding from 448-5411-538-62.46. b. Bid award to Hydro Pumps, Inc. for the pur- chase of three 10,000 gpm pumps and related equipment for the Atlantic Avenue/Miramar Drive Stormwater Pump Station in the amount of $140,720.00, with funding from 448-5411-538-62.46. 2. Bid award to Rio-Bak Corporation for the perimeter and N.E. and N.W. sections of the cemetery expan- sion, in base contract amount of $163,395.75 with alternate #1 ($49,254.83), for total contract -5- 11/o7/95 amount of $212,650.58, with funding from 667-4511-539-61.77. 3. Bid award to Ritz Safety Equipment, via Solid Waste Authority Quote ~Q25/JP, for the purchase of safety shoes, at an estimated annual cost of $22,256.00 to be funded from various departmental operating budgets. 4. Bid award to C.E.M. Enterprises, Inc. (d/b/a/ Sunshine Painting) for filter media replacement and filter rehabilitation of four filter bays at the Water Treatment Plant in base contract amount of $196,777.00 with alternates 7b ($16,000) and 8b ($18,000), for total contract amount of $230,777.00, with funding from 442-5178-536-61.46. 5. Bid award to Central Sanitary Landfill for a disposal site for Water Treatment Plant lime sludge produced as a by-product from the lime process, at an estimated annual cost of $16,000.00, with funding from 441-5122-536-34.90. Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9..A. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a re- quest from the Chamber of Commerce for special event approval for the Delray Affair which is scheduled for April 12-14, 1996. Assistant City Manager Robert Barcinski stated that this request is similar to those which have been received from the Chamber of Commerce in past years for support of the Delray Affair. Staff recommends approval of the request, with certain exceptions as follows: (1) Approve use of parks with the stipula- tion that the Parks and Recreation Director has input concerning the events proposed on park property; (2) Use of grounds at Old School Square needs to be approved by their Board of Directors. Also, the City does not own property (lot) south of Sun Bank parking lot; (3) Grant approval of signs per code requirements, except banners, and deny use of hot air balloons for advertising. Balloons are not allowed per code and would require an amendment to the sign ordinance; and (4) Estimated overtime total for this event is $17,000. The Chamber of Commerce has requested a 50/50 split of overtime costs. Mr. Ellingsworth noted that hot air balloons were used at the recent Hoop-It-Up event and asked if there had been any problems? -6- 11/07/95 The City Manager responded that the Hoop-It-Up event was something of a different situation due to the nature of the event (i.e. a national event with corporate sponsorships), the way the balloons were inflated, and the fact that the balloons were taken down at night. It was due to these special circum- stances that staff had recommended approval. Mayor Lynch commented that the Delray Affair has become a very successful event and the Chamber of Commerce makes a significant profit. In view of the notice which the Commission has been giving to other groups about the phasing out of finan- cial support for overtime, Mayor Lynch felt that everyone should be treated the same and that it would be hard to justify approv- ing the request for the split in overtime costs. Discussion ensued, with the majority consensus of the Commission being to approve the special event request for the Delray Affair, with the exception of the overtime request. This issue is to be scheduled for further discussion with the Chamber of Commerce at the workshop meeting on November 14, 1995. Mrs. Smith moved to approve the special event request for the Delray Affair as recommended by staff, with the exception of the request for overtime costs which will be discussed at the November 14th workshop meeting; seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No. Said motion passed with a 3 to 2 vote. 9.B. SERVICE AUTHORIZATION ~3/DIGBY BRIDGES, MARSH & ASSOCI- ATES: Consider approval of Service Authorization %3 with Digby Bridges, Marsh & Associates in the amount of $14,407.00 for architectural services for the Golf Course Clubhouse expansion projects, with funding from 445-4763-572-31.30. Mayor Lynch clarified that the request is to authorize $14,407.00 for architectural fees plus an additional $2,000.00 for reimbursable expenses. Dr. Alperin moved to approve Service Authorization #3 with Digby Bridges Marsh & Associates in the amount of $14,407.00 as amended to include an additional $2,000.00 for reimbursable expenses, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. Prior to roll call, the City Manager stated that the architectural firm will not be asked to finalize the design until after the beginning of January, 1996, which will allow an addi- tional two months experience during the busy season. This will provide an opportunity to resolve certain issues, including the lift station, to see how best the project can be configured. The City Manager further advised that the City intends to use the -7- 11/07/95 same contractor (O'Connor & Taylor) for the expansion project, and the contractor is willing to leave the contract open for this additional time period. Mayor Lynch stated that while he did appreciate the additional two months time frame, he would vote against approval since he felt the dining room should operate at least one full season before additional plans should be drawn. 9.C. DELRAY OAKS SITE: Consider additional information concerning the history and status of the Delray Oaks site (Ecosite 67). a. Consider relief from stormwater assessment fees for the Delray Oaks ecosite. The City Manager stated that the Comprehensive Plan allows for either total preservation, which is the course we are on now, or what is termed "sensitive development under planned development concepts" So either course of action would fit within the City's Comprehensive Plan. However, the County Com- mission is expected to approve acquisition of the property on November 21, 1995, with closing to follow shortly thereafter. So if the Commission is going to do anything different, we are about at the last possible point to do so. Mayor Lynch asked if the County has definite plans for the property; is there going to be a parking lot where people can go to appreciate the site or is it just to protect environmental- ly sensitive land and species? The City Manager reported that a detailed environmental assessment is scheduled to be completed within the next two months, including site planning and public use areas. Diane Dominguez, Planning Director, stated that the County does plan to have a parking area which will probably be located in the disturbed areas, with nature paths or walkways throughout the rest of the site. There are definite plans for the property, although Ms. Dominguez was not sure of the exact time frames. Mr. Ellingsworth moved to notify Palm Beach County Department of Environmental Resources Management that the City would be willing to accept responsibility for paying stormwater assessment fees for the Delray Oaks site if the County is willing to enter into an agreement with the City for site management in a manner similar to the Leon Weekes Preserve, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. 8 11/07/95 9.D. BID AWARD FOR N.E. 7TH AVENUE ROADWAY AND UTILITY IMPROVEMENTS PROJECT/RIC-MAN INTERNATIONAL, INC.: Consider bid award to Ric-Man International, Inc. as the lowest responsible responsive bidder in the amount of $259,145.50 for road and utility improvements on N.E. 7th Avenue from Atlantic Avenue to N.E. 1st Court, with funding from 228-3162-541-61.19 and 441-5181-536-69.19. Mr. Ellingsworth moved to approve bid award in the amount of $259,145.50 to Ric-Man International, Inc. as the lowest responsible responsive bidder, for road and utility im- provements on N.E. 7th Avenue from Atlantic Avenue to N.E. 1st Court, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997. Appointment by Mayor Lynch. Mayor Lynch stated that he wished to appoint Jess Sowards as an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997. Dr. Alperin so moved, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint an alternate member (real estate position) to the Code Enforcement Board to fill an unexpired term ending January 14, 1998. Ap- pointment by Mayor Lynch. Mayor Lynch stated that he wished to appoint Chris Stray as an alternate member (real estate position) to the Code Enforcement Board to fill an unexpired term ending January 14, 1998. Dr. Alperin so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority for a four year term ending October 27, 1999. Commissioner Alperin's recom- mendation, with appointment by the Mayor. Dr. Alperin stated that he wished to recommend the appointment of Mr. Thomas Carney, a real estate attorney with experience in the banking field, for appointment to the Delray Beach Housing Authority. 9 11/07/95 Commissioner Randolph noted that the incumbent, Mr. Charles Broadnax, has been a very dedicated and sincere member and he would be very disappointed to see him go off of the board. Mayor Lynch stated that with all due respect to Mr. Broadnax, he would accept Dr. Alperin's recommendation for the appointment of Mr. Carney. He feels the Housing Authority needs to be strengthened from a management standpoint and Mr. Carney has excellent credentials in this regard. On behalf of Mayor Lynch, Dr. Alperin moved to appoint Thomas Carney to the Delray Beach Housing Authority for a four year term ending October 27, 1999, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 9.H. (ADDENDUM ITEM) MUNICIPAL GOLF COURSE BRIDGE RAILING REPAIR: Approve bid award to Duggan Builders, Inc. for emergency bridge railing repair at the Municipal Golf Course. Funding in the amount of $15,752 is available from 445-4714-572-46.90 through budget transfer from 445-4761-572-63.90. The City Manager reported that the bridge railing on the bridge between the 16th and 17th holes is in very bad condi- tion and needs emergency repair. Three quotes have been ob- tained, with Duggan Builders being the iow bid at $15,752.00. Staff recommends awarding the contract for emergency replacement of the railing to Duggan Builders, Inc. Dr. Alperin moved to declare an emergency and award the contract to Duggan Builders, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission proceeded to the Comments and Inquiries on Non-Agenda Items portion of the Agenda. 11. Comments and Inquiries on Non-Agenda Items from the Public - Prior to the Public Hearinqs. ll.A. City Manager's response to prior public comments and inquiries. None. 11.B. From The Public. 11.B.1. Lillian Feldman expressed her appreciation for the repairs which had been made to Linton Boulevard, east of Congress Avenue, and complimented the City on a job well done. 12. FIRST READINGS: NONE 13. Comments and Inquiries on Non-Aqenda Items. -10- 11/07/95 13.A. City Manaqer. In response to Commissioner Randolph's previous inquiry about the availability of various City meeting rooms, the City Manager advised there are several meeting rooms of various sizes available. The Police Department's training room will accommo- date any community group or groups which have community support. Parks and Recreation has rooms available at either Pompey Park or the Community Center and will allow civic and non-profit organ- izations to use them free of charge. The Fire Department will allow civic and non-profit organizations to use their meeting rooms free of charge. Groups have been allowed to use the Com- mission Chambers or any of the conference rooms in City Hall. However, there is something of a security problem with this because these areas cannot be closed off from the rest of the building. The City Manager provided Commissioner Randolph with a list of the facilities, along with the appropriate contact person and telephone number. In response to Mayor Lynch's prior comments regarding the Arrow Trailer Park on North Federal Highway, the City Manager reported that during the past several months, Police officers have been actively working to improve the situation at the trail- er park. Efforts have been two-fold, including both the law enforcement perspective as well as efforts to gain cooperation from the ownership so needed improvements can be made. With officers from across all three shifts, numerous extra patrols have been conducted. These extra patrols have resulted in numer- ous field information reports, arrests, and a high profile ap- pearance which has a deterrent effect. The officers have at- tempted to bring in other groups to assist in making an impact on the area. Some of these groups include Code Enforcement, Licens- ing, Planning and Zoning, the Fire Department, the C.R.A., the County's Health Department and H.R.S. Meetings and inspections have been conducted with the most recent inspection occurring on November 2, 1995. As a result, all but three of the trailers were condemned. According to the officers, the owner has been cooperative. As a matter of fact, the current owner states that the property is under contract to be sold, although the current owner will remain as property manager. It appears that the new owner hopes that the property will be razed and then rebuilt as a recreational vehicle park. There may be some zoning issues to be dealt with there, and staff will be meeting to discuss the matter next week. In response to Mayor Lynch's suggestion that "Ail America City" signs be installed on the two Intracoastal Waterway bridges, the City Manager reported that verbal inquiries have been made with the Department of Transportation and Palm Beach County. They felt there would not be a problem with putting new signs on the bridges, but we would have to determine the loca- tion, size, and mounting techniques, and then have the signs mounted. Sketches will be drawn and a letter, along with the -ii- ii/07/95 sketches, will be sent to the appropriate parties for their review. Costs will be determined at that time. The City Manager reported on additional information received regarding funding sources for the Urban League. The Urban League receives $39,905 from the West Palm Beach Community Development Block Grant program; from Palm Beach County Housing, $128,721; zero dollars from Boynton Beach and zero dollars from Boca Raton. With regard to the sound barrier wall landscaping along 1-95, staff is working on developing options for possible land- scaping or working with homeowners associations to create commu- nity gardens. We expect to have some of these options to present within the next few weeks. The City Manager referred to Mayor Lynch's previous comment about the problem of very large homes being built in certain neighborhoods where the old home is torn down and a new one built. He stated that the Planning and Zoning staff has asked for clarification from the Commission on the issues they would like the Planning and Zoning Board to address. Should the analysis be confined to setbacks and heights, or should the issue be broadened to include the maximum size of structures or any other issues which the Commission feels should be addressed? Mayor Lynch stated that he would prefer not to get into the size of structures. The issue should be if it is going to hurt adjacent homes, and if the height of a proposed structure calls for increased setbacks so as not to overwhelm neighboring properties. He continued that it is not the size of the struc- ture which has been the problem, but with additional fill on a property and then increased height, it can have a very detrimen- tal effect on the house next door. He felt this is the issue which needs to be addressed by the Planning and Zoning Board. At this point, William Greenwood, Director of Environ- mental Services, distributed drawings of the Ocean Avenue bridge in Boynton Beach. The City Manager reported that there had been a meeting earlier today in Boynton Beach regarding the height of this bridge, and also the width. Our concern is that Delray Beach has two older bridges at Eighth Street (George Bush Boule- vard) and Atlantic Avenue, and what the impact would be if we had to meet the height requirement of 21 feet. Mayor Lynch commented that the real difficulty isn't just the height of the bridge; if the bridge were to have a height of 21 feet, you then have to have a 121 foot length which would have a major impact. He continued that while Delray Beach isn't in the plans for at least the next ten years, the problem is that if something were to break on the bridge, it would then be necessary to deal with this issue. If the Boynton Beach bridge remains at 21 feet/125 ft. length, as opposed to something like 15 or 16 ft. height with 90 ft. length, then there is a 11/07/95 feeling that a precedent may be set for the higher bridge. A meeting was held with a representative from FDOT today and they seem to be okay with lowering the height, but the final say comes from the Coast Guard with a recommendation from the Florida Inland Navigation District (F.I.N.D.). They are both saying they want the 21 ft. height. Mayor Lynch stated that he felt the City needs to get involved at this point even though we may be ten or fifteen years away from the issue affecting us, and asked for a consensus from the Commission to authorize formal opposition from the City on the 21 ft. height and 125 ft. length. The idea would be to work through Kathy Daley and our State and Federal legisla- tors to convince somebody to look at this issue seriously. Mayor Lynch also indicated that he would ask Boca Raton for their input regarding this issue. The Commission concurred to support this position. 13.B. City Attorney. The City Attorney had no comments. 13.C. City Commission. 13.C.1. Dr. Alperin stated there had been a recent incident at the convenience store at 22nd and Seacrest Boulevard where a student on his way home from Atlantic High School was the victim of what was apparently a gang action. It only took the Police Department one day to apprehend the responsible individual. However, it is very disturbing that we have this type of gang-re- lated activity going on where they are defining territories. Dr. Alperin expressed concern that the status quo in dealing with this type of mentality will likely continue and the gangs will also continue. He felt that this type of activity needs to be dealt with from a new tact and with new rules if we're going to get a handle on it before it gets out of control. He strongly urged that our State legislators be contacted regarding the need for stronger laws and harsher tactics to be used in dealing with the gang organizations. Civilized measures are ineffective when dealing with uncivilized individuals who are part of these gangs. Mayor Lynch suggested that Boca Raton be contacted about a group that has been started there as a result of the recent gang beating at the beach. They, too, are looking for solutions and would welcome Delray Beach's participation. On further discussion, it was the consensus of the Commission that Kathy Daley be contacted about this issue. Mayor Lynch stated he would get more information from Boca Raton about the meetings they are having, and perhaps a member of Delray Beach's Commission will be able to attend. 13.C.2. Mrs. Smith concurred with Dr. Alperin's concern that the gang issue needs to be immediately addressed. -13- 11/07/95 Commissioner Smith commented that the ticket booth at Veterans Park is really becoming an eyesore, and asked about the status of the improvements which had been discussed months ago. The City Manager advised that Captain Mark had written a letter at one point saying that the work would be started in the summer and finished by the fall. Apparently, he has since changed architects. The City Manager stated that he would be in contact with the new architect, Digby Bridges. Mrs. Smith stated that she was a little disappointed about not being able to have the Golf Course management provide some kind of record on the number of groups which were not able to be accommodated at the dining room due to the size of the parties requesting reservations. She felt it would be fairly simple to keep such a record and that it would be helpful to the Commission in future deliberations. Mrs. Smith asked if the drainage problem on Lake Ida Road will be addressed during the road widening project? The City Manager stated that the drainage will be included in the improvements. 13.C.3. Mayor Lynch commented that he had been contacted by a representative from a community near Miller Park, Town and Coun- try Estates, requests that the hedges between their community and the playing fields be trimmed to make them more presentable. Mayor Lynch stated he received a report about a big hole in the asphalt out at Barwick Park which needs to be re- paired. Mayor Lynch stated he had received a letter from County Commissioner McCarty concerning the Lee's Crossing development and requests she has received from nearby residents on things that might be done to mitigate this project's impact on their neighborhoods. The Mayor forwarded this letter to the City Manager for his review. Mayor Lynch noted that the newsrack ordinance modifica- tions will be discussed at the Workshop Meeting of November 14, 1995. 13.B.4. Mr. Randolph inquired if Delray Beach has had any recent inspections of railroad crossing devices? If and when this is done, he asked that the City Manager provide the results to the Commission, especially for the crossing at Lake Ida Road. Mr. Randolph commented that on occasion, he has become aware of cargo containers or trailers backed into yards on cer- tain properties, especially in the northwest area. The last one that he saw was at N.W. 8th Avenue and N.W. 1st Street, and it was there for a couple of days. It is his understanding that these are used by the Haitian community for the loading of items -14- 11/07/95 to be sent to Haiti, but in some cases may be abused. Mr. Ran- dolph asked if it is legal for these trailers to be put on pri- vate property like that, and also if they are checked periodical- ly and who checks them before they are hauled out. 13.B.5. Mr. Ellinqsworth complimented Mr. Randolph on his successful long drive competition trophy. Mr. Ellingsworth inquired as to the construction sched- ule for the Lake Ida Road improvements? The City Manager indi- cated that construction is supposed to start on November 27th, with completion of construction to occur on or about September 30, 1996. Mr. Ellingsworth asked that he be notified of the date for the controlled burn at the Weekes Environmental Preserve. Mayor Lynch complimented staff for organizing the 'Paint Up Delray' project which was held on Saturday, November 3, 1995. The project was a great success. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 62-95: An ordinance rezoning the former Isles of Delray site from SAD (Special Activities District) to PRD-4 (Planned Residential Development-4 units per acre) Dis- trict. The subject property is located east of 1-95 on the north side of Lake Ida Road, and contains approximately 40.86 acres. 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. 62-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN THE PRD-4 (PLANNED RESIDENTIAL DEVELOPMENT-4 UNITS PER ACRE) DISTRICT; SAID LAND BEING LOCATED EAST OF INTERSTATE-95 ON THE NORTH SIDE OF LAKE IDA ROAD, 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. 62-95 is on file in the official Ordinance Book) -15- 11/07/95 The City Attorney read the caption of the ordinance. A public hearin§ 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 that this item will be con- ducted as a Quasi-Judicial Hearing. This hearing allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals wishing to give testimony. Diane Dominguez, Planning Director, entered the Plan- ning and Zoning project file into the record. She stated that the subject property is approximately 41 acres in size, and is located on the north side of Lake Ida Road, east of 1-95. It is the former Isles of Delray site which was approved for develop- ment of 106 zero lot line units and 48 townhouse units in 1983. The site plan was locked in by rezoning the property to SAD (Special Activities District). The property was never developed and in 1990, after two site plan extensions had been granted, a third extension request was denied based on the need to have the project reviewed for compliance under current standards. Hence, the SAD approval expired. The underlying land use designation is Low Density Residential 0-5 units per acre. The current proposal is to rezone the property to PRD-4 (Planned Residential Development, with a maximum of four units per acre). PRD's require develop- ment under a master plan if the zoning is approved. The master plan would have to be approved by the Planning and Zoning Board. The master plan would be accompanied with a narrative description of the plan and would be specific in regard to the units, archi- tectural style, homeowner association documentation, landscape treatment, etc. The proposed zoning of PRD-4 is consistent with the underlying land use designation of Low Density Residential. In regard to concurrency, the proposed density of 160 units will not create a significant demand on services. A third issue is that of compatibility. The adjacent zonings are R-i-AAA, R-I-AA and Community Facilities (CF). The PRD-4 is a low density residen- tial designation which will be compatible with those adjacent zoning categories. However, development will be more controlled through the required master plan process. The Planning and Zoning Board recommended approval of the rezoning by a vote of 4 to 2 at its public hearing on Septem- ber 18, 1995. Staff recommends approval based upon positive findings with respect to required findings and standards for rezoning actions and a consistency with policies of the Compre- hensive Plan. -16- 11/07/95 Mark Krall, representing the applicant, was present to answer questions. He stated that he did not wish to present any additional testimony. There being no one else who wished to give testimony on this item, Mayor Lynch closed the public hearing. Discussion by the Commission ensued, after which Mr. Ellingsworth moved to adopt Ordinance No. 62-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commis- sion voted as follows: Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 10.B. ORDINAlqCE NO. 66-95: An ordinance rezoning Tracts B, C and D of Congress Park South from LI (Light Industrial) and PCC (Planned Commerce Center) to MIC (Mixed Industrial and Commer- cial) District. The subject property is located on the west side of Congress Avenue, south of Atlantic Avenue (Levenger facility) 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. 66-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PORTION OF REPLAT OF CONGRESS PARK SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM LI (LIGHT INDUSTRIAL) DISTRICT AND PCC (PLANNED COMMERCE CENTER) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF ATLAN- TIC AVENUE ON THE WEST SIDE OF CONGRESS AVENUE; 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. 66-95 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 that this item will be con- ducted as a Quasi-Judicial Hearing. This hearing allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals wishing to give testimony on this item. -17- 11/07/95 Diane Dominguez, Planning Director, entered the Plan- ning and Zoning project file into the record. She stated that the rezoning is being sought in order to accommodate an expansion to the Levenger facility. The proposed uses are consistent with the Mixed Industrial and Commercial (MIC) zoning district. The Planning and Zoning Board considered this item at a public hear- ing on October 16, 1995, and voted 6 to 0 to recommend that the rezoning be approved. Mr. Orlando Sharp, representing the applicant, was present to answer questions, but did not wish to present any additional testimony. There being no one else who wished to give testimony on this item, Mayor Lynch declared the public hearing closed. Mr. Randolph moved to adopt Ordinance No. 66-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 65-95: An ordinance changing the Future Land Use Map designation from Community Facilities-Public Build- ings to Commercial Core, and rezoning from CF (Community Facili- ties) to CBD (Central Business District) for the Delray Beach Public Library and associated properties located south of Atlan- tic Avenue between S.E. 4th and 5th Avenues. 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. The City Manager presented Ordinance No. 65-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COMMUNI- TY FACILITIES-PUBLIC BUILDINGS TO COMMERCIAL CORE, AND REZONING FROM CF (COMMUNITY FACILI- TIES) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT), FOR THE DELRAY BEACH PUBLIC LI- BRARY AND ASSOCIATED PROPERTIES, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECT- ING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 65-95 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 11/07/95 ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated that this item will be con- ducted as a Quasi-Judicial Hearing. This hearing allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered the Plan- ning and Zoning project file into the record. There being no one else who wished to present testimony on this item, Mayor Lynch declared the public hearing closed. Dr. Alperin moved to adopt Ordinance No. 65-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 63-95: An ordinance changing the Future Land Use Map designation from Low Density Residential 0-5 units per acre to Recreation and Open Space for the Lakeview Golf Course maintenance building site located on the west side of Dover Road, approximately 200 feet north of Wedgewood Boulevard. 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. 63-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COM- PREHENSIVE PLAN FOR THE LAKEVIEW GOLF COURSE MAINTENANCE BUILDING SITE, AS MORE PARTICU- LARLY DESCRIBED HEREIN, FROM LOW DENSITY RESIDENTIAL 0-5 DWELLING UNITS PER ACRE TO RECREATION AND OPEN SPACE; ELECTING TO PRO- CEED UNDER THE SINGLE HEARING ADOPTION PRO- CESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 63-95 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. -19- 11/07/95 The City Attorney stated that this item will be con- ducted as a Quasi-Judicial Hearing. This hearing allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered the Plan- ning and Zoning project file into the record. There being no one else who wished to present testimony on this item, Mayor Lynch declared the public hearing closed. Dr. Alpern moved to adopt Ordinance No. 63-95 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINAI~CE NO. 64-95: An ordinance rezoning the Lakeview Golf Course from R-i-AA and R-1-AAA-B (Single Family Residential) Districts to OSR (Open Space and Recreation) Dis- trict. The subject property is located on the west side of Dover Road, between Linton Boulevard and Lakeview Boulevard. 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. 64-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS LAKEVIEW GOLF COURSE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM R-I-AA AND R-1-AAA-B (SINGLE FAMILY RESIDEN- TIAL) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE WEST SIDE OF DOVER ROAD, BETWEEN LINTON BOULEVARD AND LAKEVIEW BOULE- VARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AN AN EFFECTIVE DATE. (Copy of Ordinance No. 64-95 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 that this item will be con- ducted as a Quasi-Judicial Hearing. This hearing allows for -20- 1/07/9s presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered the Plan- ning and Zoning project file into the record. Brian Link, 3674 Lakeview Boulevard, stated for the record that he supports the zoning change. There being no one else who wished to present testimony on this item, Mayor Lynch declared the public hearing closed. Mrs. Smith moved to adopt Ordinance No. 64-95 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 58-95: SECOND PUBLIC HEARING for an ordinance amending Section 4.4.19 of the Land Development Regula- tions to provide for "Interior Design and Furnishings" as a permitted use in the Mixed Industrial and Commercial (MIC) zoning district. 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. 58-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT", SUBSECTION 4.4.19(B), "PRIN- CIPAL USES AND STRUCTURES PERMITTED" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING "FURNITURE AND HOME FURNISHINGS, INCLUDING APPLIANCES" AND ADDING "INTERIOR DESIGN AND FURNISHINGS"; AMENDING SECTION 4.4.19(H), "SPECIAL REGULATIONS", BY DELETING SUBPARAGRAPH 4 . 4 . 19 (H) (3) IN ITS ENTIRETY, AND RENUMBERING THE REMAINING SUBPARAGRAPHS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 58-95 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. Mr. Ellingsworth moved to adopt Ordinance No. 58-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.G. SALE OF CITY-OWNED PROPERTY TO FIFTEEN/THIRTEEN PART- NERS LIMITED: Consider approval of the Contract for Sale and Purchase between the City and Fifteen/Thirteen Partners Limited for property located at 239 N.E. 1st Avenue. Prior to considera- tion of the contract for the sale and purchase of City-owned property a public hearing has been scheduled to be held at this time. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Assistant City Attorney David Tolces stated that the property is located on the east side Banker's Row. It was ac- quired by the City from the Department of Housing and Urban Development. The City subsequently put out an RFP (Request for Proposal), and one response was received from the Fif- teen/Thirteen Partners Limited. They have expressed their inter- est to purchase the home and renovate it for office and residen- tial use. Mr. Tolces continued that the house has further dete- riorated, and there is an amendment which has been written into the agreement that the City will install a new roof on the house as part of the contract. Mayor Lynch expressed concern that the City had pur- chased the property for $62,445.00 and the proposed selling price is $62,600.00. With the additional cost of putting a new roof on, the City is going to be losing money on the transaction. He further noted that the projected value of the property after rehabilitation would be in the area of $125,000. He suggested that it might be a fairer arrangement if the roof cost were to be split, or if the City obtains an estimate for the work, give the purchaser the money and let them do the roof so that the City does not become liable. Assistant City Attorney Tolces stated that he would meet with the purchaser to discuss any necessary changes to the contract. The City Attorney asked that this item be set for reconsideration on a date certain since it is an advertised public hearing item. The Commission concurred to reschedule the matter for a special meeting to be held prior to the workshop on November 14, 1995. 10.H. SALE OF CITY-OWNED PROPERTY TO FELITA PATTERSON: Consider approval of the Contract for Sale and Purchase between -22- 11/07/95 the City and Felita Patterson for property located at 4795 N.W. 6th Street through the HOPE 3 program. Prior to consideration of the contract for the sale and purchase of the City-owned property a public hearing has been scheduled to be held at this time. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Lula Butler, Director of Community Improvement, stated the property is located at 4795 N.W. 6th Street in the Rainberry Woods subdivision and was acquired through the HOPE 3 program. The City is required to market these properties and find poten- tial buyers. In this case, the individual is a former Section 8 tenant who has qualified for her first mortgage in the amount of $44,000.00. Discussion followed on the purchase price of the prop- erty and the financing mechanisms used to facilitate home owner- ship under the HOPE 3 program. The City Manager stated that the selling price is really $46,070.00. The City's interest would be forgiven over a period of time unless the buyer sells the proper- ty within the 20 year obligation period. The City Attorney stated that certain revisions should be made to the contract, and asked that any motion to approve be qualified to approve the contract as redrafted by the City Attor- ney. Dr. Alperin moved to approve the Contract for Sale and Purchase between the City and Felita Patterson for property located at 4795 N.W. 6th Street, as redrafted by the City Attor- ney, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. There being no further business, Mayor Lynch declared the meeting adjourned at 7:35 P.M. ATTE~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of November 7, 1995, which minutes wqre formally approved and adopted by the City Commission on -23- 11/07/95 City clerk--~ - NOTE TO READER: If the minutes you have received are not completed as indicated above, then they are not the official minutes of the City Commis- sion. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions to the minutes as set forth above. -24- 11/07/95