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11-21-95 NOVEMBER 21, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, November 21, 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 Ronald Siegenthaler, Seacrest Boulevard Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Lynch noted the addition of Item 9.F., CONTRACT ADDITION (C.O. #i)/MOLLOY BROTHERS, INC., and Item 9.G., BLOCK 76 (PIERCE TIRE) PARKING LOT PHASE II FUNDING, to the Regular Agenda by addendum. The City Manager noted a correction to Item 8.P.4., AWARD OF BIDS AND CONTRACTS, of the Consent Agenda. He stated the total amount should be $154,371.52. 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 November 7, 1995, and the Special Meeting of November 14, 1995, 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. 6. Proclamations: 6.A. World AIDS Day - December 1, 1995 Mayor Lynch noted a proclamation declaring December 1, 1995 as World AIDS Day in Delray Beach. 7. Presentations: 7.A. RESOLUTION NO. 85-95= A resolution recognizing and commending Mitzi Clark for over 12 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 85-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MITZI CLARK POR OVER TWELVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 85-95 is on file in the offi- cial Resolution Book) Mayor Lynch presented a proclamation recognizing and commending Mitzi Clark for over twelve years of dedicated service to the City of Delray Beach. 8. CONSENT AGENDA: City Manager recommends approval. 8.A~. RESOLUTION NO. 83-95: A resolution recognizing and commending Mary Louise Dostal for over 15 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 83-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MARY LOUISE DOSTAL FOR FIFTEEN YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 83-95 is on file in the offi- cial Resolution Book) 8.B. RESOLUTION NO. 87-95: A resolution temporarily naming N.W. 1st Avenue, from Atlantic Avenue to N.W. 3rd Street, as "Jerusalem Avenue" for the period January 1996 through March 1996 in recognition of Jerusalem's trimillenium, marking 3000 years since King David established the city. The caption of Resolution No. 87-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TEMPORARILY NAMING N.W. 1ST AVENUE, FROM ATLANTIC AVENUE -2- TO N.W. 3RD STREET, AS "JERUSALEM AVENUE"; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 87-95 is on file in the offi- cial Resolution Book) 8.C. RESOLUTION NO. 86-95: A resolution opposing the Flori- da Department of Transportation reconstruction plans for the Ocean Avenue Bridge in Boynton Beach, and to oppose any construc- tion or reconstruction of bridges located within the City limits of Delray Beach utilizing U.S. Coast Guard guide clearances. The caption of Resolution No. 86-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE FLORIDA DEPARTMENT OF TRANSPORTATION RECON- STRUCTION PLANS OF THE OCEAN AVENUE BRIDGE IN THE CITY OF BOYNTON BEACH, FLORIDA; FURTHER, OPPOSING ANY CONSTRUCTION OR RECONSTRUCTION OF ANY BRIDGES LOCATED WITHIN THE CITY LIMITS OF DELRAY BEACH UTILIZING U.S. COAST GUARD GUIDE CLEARANCES. (Copy of Resolution No. 86-95 is on file in the offi- cial Resolution Book) 8.D. RESOLUTION NO. 84-95: Adopt a resolution assessing costs for abatement action required to remove nuisances on 21 properties throughout the City. The caption of Resolution No. 84-95 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. 84-95 is on file in the offi- cial Resolution Book) 8.E. RATIFICATION OF CONSENSUS/OVERTIME FOR DELRAY AFFAIR: Ratify the Commission consensus of November 14, 1995, to approve the Chamber of Commerce's request to split City employee overtime costs 50/50 for the Delray Affair to be held April 12-1, 1996. 8.F. SPECIAL EVENT APPROVAL/BUD LIGHT PRO/AM BEACH VOLLEY- BALL TOURNAMENT: Approve a request from Exclusive Sports Market- ing, Inc. for special event approval to allow the Bud Light Pro/Am Beach Volleyball Tournament to be held at the municipal beach on March 23 and 24, 1996. 8.G. LANDSCAPE WAIVER FOR BLOCK 76 REDEVELOPMENT (CRA PARK- ING LOT): Approve a waiver to LDR Section 4.6.16(H) (3) (k) to not provide the required 5 foot wide landscape strip between parking tiers, adjacent to the 12 ft. pedestrian walkway, based upon positive findings. 8.H. CHANGE ORDER NO. 2 AND FINAL PAYMENT/MOLLOY BROTHERS, INC.: Approve deduct Change Order No. 2 in the amount of $15,752.03 and final payment in the amount of $76,902.48 to Molloy Brothers, Inc. for completion of Drainage Improvements on S.W. 1st Street and Eagle Drive; and for N.E. 2nd Street, Beverly Drive, and S.W. 4th Avenue, from 448-5411-538-62.39. 8.I. CONTRACT ADDITION (C.O. ~15 FINAL) & FINAL PAYMENT/CHAZ EQUIPMENT COMPANY, INC.: Approve Contract Addition (C.O. #15 Final) in the amount of $14,100.92 and final payment in the amount of $35,100.92 to Chaz Equipment Company, Inc. for closeout of the contract for the Roadway Reconstruction Plan (Projects East of the Intracoastal Waterway), with funding from 442-5178-536-61.84. 8.J. FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION, INC.: Approve final payment in the amount of $21,905.61 to Murray Logan Con- struction, Inc. for completion of the Bay Street/Basin Drive Stormwater Pump Station Rehabilitation, with funding from 448-5411-538-62.29. 8.K. RATIFICATION OF APPOINTMENT/KIDS AND COPS COMMITTEE: Ratify the appointment of David J. Ptak as the representative from Orchard View Elementary School on the Kids and Cops Commit- tee. 8.L. DELRAY ESTATES TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Delray Estates Condominium Association for the enforcement of state and local traffic laws by the Police Department within Delray Estates. 8.M. APPOINTMENT OF OUTSIDE COUNSEL/CHARLES BROWN V. CITY: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and 4 Appearance Board and the Historic Preservation Board during the period November 6 through 17, 1995. 8.0. RULES OF PROCEDURE/EDUCATION BOARD: Adopt Rules of Procedure for the Delray Beach Education Board. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Ahrens Companies for construction of the wash down slab and pesticide fill project at the Golf Course Maintenance Facility, in the amount of $21,633 from 440-5179-536-63.53 through budget transfer from 63.52. 2. Bid award to Olympic Industries, Inc. for con- struction of the North Water Reservoir Improve- ments, in the amount of $746,261 from 440-5179-536-64.30 through budget transfers from 61.11, 63.55, 63.56, and 69.18. 3. Contract awards to various vendors via joint bid with Boynton Beach for medical and drug supplies, at an estimated annual cost of $95,776.94 from 001-2315-526-52.20. 4. Bid award to various vendors via the Palm Beach County Cooperative Purchasing Group contract for chemicals and fertilizers, at an estimated annual cost of $154,371.52 from the Parks and Golf Course Operating Budget Account Nos. 52.26. 5. Purchase awards to Hector Turf via G.SoA. Contract for the purchase of a Toro Multi-Pro Spray Rig at a cost of $10,308.15, and to Kilpatrick Turf Equipment for a Jacobsen Triple X Turf Mower Model #1648D via City of Bartow bid, in the amount of $18,000, with funding from 445-4761-572-64.90. Mr. Ellingsworth moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECI SION: Consider an appeal of the Site Plan Review and Appearance Board's approval of a major site plan modification for Boston Market and Bagel Shop Restaurants, to be located east of S.W. 10th Avenue on the south side of Linton Boulevard at the Linton International Plaza. QUASI-JUDICIAL HEARING -5- The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. Susan Maloney, Notary representing the City Clerk's office, swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered all the Planning and Zoning documents that are contained in the file for this project into the record. Ms. Dominguez stated that this is an appeal of the site plan modification approval granted by the Site Plan Review and Appearance Board (SPRAB) which involves the construction of a 5300 square foot addition to the Linton International Plaza for Boston Market restaurant and a Bagel Shop restaurant. The sub- ject property is located east of S.W. 10th Avenue on the south side of Linton Boulevard. After public testimony both supporting and opposing the request, the Board voted 4-3 to approve the site plan modification, based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G) (5) (Find- ings) of the Land Development Regulations and policies of the Comprehensive Plan, subject to conditions as outlined in the Planning and Zoning Staff Report. The action was appealed on November 9, 1995 by Carney Bank and Abbey Road Grill, tenants within Linton International Plaza. The main focus of the appeal relates to perceived prob- lems with ingress/egress into the site, on-site circulation, parking demands, and increased traffic impact on Linton Boule- vard. The following individuals spoke in opposition to the site plan modification: Mr. William Plum, appellant and vice-chairman of Carney Bank, feels there is a serious problem with ingress/egress into the site and stated his primary concern is the congestion of the traffic and the hazardous situation this site may cause. Thomas Graham, Director of Operations for the Abbey Road Grill, stated he does not want Boston Chicken in the parking lot of his restaurant because he feels it would not be good for business and feels the ingress/egress is extremely dangerous. The following individuals spoke in support of the site plan modification: Robert A. Dittman, attorney representing original applicant MDN Properties, Inc., questioned the following witness- es: Michael Ross, 2111 Brandywine Road, West Palm Beach, employed as a Transportation Planning Engineer at a Civil Engi- 6 neering firm, stated that the traffic report meets all the neces- sary requirements of the Palm Beach County Traffic Performance Standards Ordinance. Dan Navilio, applicant, reviewed an updated site plan showing adequate parking demands for this site. Mr. Dittman entered Applicant's Exhibit #1 into the record. From Mr. Navilio's observation, he stated the busiest days and hours of parking occupancy would be on a Friday evening between the hours of 6:30-8:00 p.m. during the months of January and February. To enhance on-site circulation of traffic, Mr. Navilio stated a deceleration lane would be put in and a one-way sign would be installed at the entry way. Discussion followed regarding the drainage. Mr. Plum asked questions of the witness, Mr. Navilio. Joseph Good, 2600 N.W. 27th Avenue, Boca Raton, stated he recently observed the parking conditions at the Linton Inter- national Plaza with Mr. Navilio on November 17, 1995. Mr. Dittman entered Applicant's Exhibit #2 into the record. Russ Bornstein, Real Estate Broker on behalf of Boston Chicken, stated this location was chosen because of the heavy traffic thoroughfare on Linton Boulevard. He expressed concern over the parking and classifies himself as a safety concerned tenant. Furthermore, he stated that Mr. Navilio has a right to develop his property and feels he is doing the best that he can do to make the center viable for Delray Beach. Thomas Graham, appellant, presented the Commission with his closing statement. Bill Plum, presented the Commission with his closing statement. Robert A. Dittman, attorney, stated the testimony and other evidence clearly shows that the subject site plan complies with the Comprehensive Plan and the Land Development Regulations. He stated that the available parking meets and exceeds code requirements; there are no concurrency problems; designation of one-way lanes and reconfiguration of the traffic patterns will be a great improvement to on-site circulation; and drainage will not be significantly affected by the modification since less than 1% of the pervious areas are going to be lost. He stated this project has been examined, studied, reexamined, and restudied by independent specialists, by all of the required reviewing depart- ments in the City and at the County, and it meets all require- -7- ments. Therefore, Mr. Dittman is asking the Commission to take the action recommended by the City staff. The City Attorney entered the letter from Mr. Tom Graham into the record for the appellant. Discussion by the Commission followed. Mr. Ellingsworth asked if the situation with the permit has been corrected? In response, Ms. Dominguez stated the permit was approved but not issued when the work started. According to Lula Butler, Director of Community Improvement, the permit has not been issued. Secondly, Mr. Ellingsworth feels the right hand drive-thru lane is a definite problem along with the holding lane used to get into the property for those people needing to make a left or right turn onto Linton Boulevard. Dr. Alperin asked for clarification of the second paragraph on page 7 of the Planning and Zoning Staff Report. In response, Diane Dominguez stated the County Traffic Performance Standards Ordinance provides alternate tests that can be done. If you fail the initial test, then you do the alternate test which analyzes intersection movements. If you pass that test, then you are found to meet concurrency. She further explained that with the additional traffic, the number of trips on Linton causes the volume to exceed the level of service standard. However, the County ordinance allows you to look at the intersec- tion movements and if it is found that traffic is not exceeding the requirements in the alternate tests then you can be found to meet concurrency. Mrs. Smith asked if it is considered an intersection at the entrance and exit by Abbey Road crossing Linton Boulevard going west? In response, Ms. Dominguez stated it is not an inter- section of two roadways. Mrs. Smith asked if the main entrance will be at the entrance by Abbey Road or by Checkers? Ms. Dominguez stated it is being considered that the main entrance will be by Abbey Road and that is why the deceleration lane is being provided. Mayor Lynch asked if the original site plan shows that there would be out parcels and that there would be expansions to the plaza at later dates? In response, Ms. Dominguez stated that this is a modification of the site plan that was approved when it was originally built. Mr. Randolph stated that he feels this is going to have an effect on the traffic that will be generated on Linton Boule- vard. The City Attorney pointed out the required findings but also the finding that is in Section 2.4.5 (F) (5) (Findings) which states that "In addition to the provisions in Chapter Three, the 8 approving body must make a finding that development of the prop- erty pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values." Deliberation by the Commission continued. Mr. Randolph stated that this would be a workable plan; however, he feels there are inherent problems associated with the plaza. Mr. Ellingsworth feels that a safety problem exists. Additionally, he stated it is almost impossible to get into the east side of the plaza past Palm Beach Gym and feels this site will also have an impact on the west end of the plaza. Dr. Alperin stated that Commission should determine what the overall impact on traffic and development in the area will be. He feels it would be a big mistake if the City allows an increase to the intensity of a property while harming other properties around it. Mrs. Smith agreed with Dr. Alperin. After discussion, Dr. Alperin moved to approve the appeal of the Site Plan Review and Appearance Board decision and deny the site plan modification for Linton International Plaza to add the Boston Market and Bagel Shop restaurants, 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 - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:30 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. 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 this contract, a public hearing has been scheduled at this time. David Tolces, Assistant City Attorney, stated this contract is for the house on Bankers Row at 239 N.E. 1st Avenue. He explained there is a change to the contract. The City re- ceived bids for construction of the new roof on the house and negotiated with the Fifteen/Thirteen Partners Limited and came to an agreement that rather than reduce the purchase price, the City would give them a credit at closing in the amount of $6,000.00. -9- Dr. Alperin moved to approve the Contract for Sale and Purchase between the City and Fifteen/Thirteen Partners Limited for property located at 239 N.E. 1st Avenue on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Com- mission 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.B. ORDINANCE NO. 67-95: FIRST READING/FIRST PUBLIC HEAR- ING for an ordinance amending Section 4.4.22, "Open Space (OS) District", of the Land Development Regulations by adding limited beach concessions and attendant structures to Section 4.4.22(C), "Accessory Uses and Structures Allowed". Prior to consideration of passage of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. If passed, a second public hearing will be held on December 5, 1995. The City Manager presented Ordinance No. 67-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT" SUBSECTION 4.4.22(C), "ACCESSORY USES AN~ STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING "BEACH CABANA CONCESSION, UNDER CON- TRACT WITH THE CITY, LIMITED TO THE RENTAL OF CHAIRS, UMBRELLAS, CABANAS, AND BOOGIE BOARDS" AS AN ACCESSORY USE PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 67-95 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. Mayor Lynch opened the floor for public comment. Kathy Stokes, 1220 Southways, stated that while she approves of the beach cabana concession, she feels that the language proposed is too vague. Ms. Stokes asked that the Com- mission review her memorandum in which she proposed certain restrictive language. Dan Uber, representing Bandana Cabanas Beach Service, clarified that his intent is to provide security for his workers and to provide protection from the elements. He explained that he does not intend to use the structure for storage except on a very limited basis. The public hearing was closed. Discussion by the Commission followed. Mr. Randolph asked how long have the boogie boards been used by this firm and how will they be stored in the facility if approved. In response, Mr. Uber stated a maximum of ten boogie boards would be stacked on top of one another. He is asking for a ten foot square building with a shelf for stacking of the boogie boards. Mr. Ellingsworth asked for clarification on the defini- tion of "flotation device" In response, John Walker, Project Coordinator, stated staff felt the definition was self evident. After discussion, Dr. Alperin moved to approve Ordi- nance No. 67-95 on FIRST Reading, subject to the term "boogie boards" being substituted for "flotation devices", and with the deletion of the portable storage shelter for the beach cabana concession, seconded by Mr. Ellingsworth. 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. Prior to roll call, Assistant City Attorney Tolces re-read the caption of the ordinance as modified. 10.C. ORDINANCE NO. 72-95: FIRST READING/FIRST PUBLIC HEAR- ING for an ordinance amending Section 4.4.9, "General Commercial (GC) Distri1~~, ~ ~hne Land Development Regulations by incorpo- rating use z=otr' t'o s and development standards to be applied in the West Atlantic Avenue Overlay District. Prior to consider- ation of passage of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. If passed, a second public hearing will be held on December 5, 1995. The City Manager presented Ordinance No. 72-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, BY INCOR- PORATING USE RESTRICTIONS AND DEVELOPMENT STANDARDS TO BE APPLIED IN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 72-95 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. -11- Mrs. Smith moved to approve Ordinance No. 72-95 on FIRST Reading. Mayor Lynch passed the gavel to Vice Mayor Ellingsworth and seconded the motion. Discussion by the Commission followed. Mr. Randolph stated he will vote against this because he does not agree with the provision of the proposed LDR amend- ments which prohibits the picking up and dropping off of workers from a temporary employment office in the Overlay District. He feels job possibilities should be sanctioned and does not approve of the concept in the statement used in the Planning and Zoning Staff Report. Diane Dominguez, Planning Director, stated the main concern was the people loitering outside. She suggested changing the wording to prohibit such temporary employment offices from fronting on Atlantic Avenue, similar to the wording used for second hand shops. On further discussion, Mrs. Smith stated that she would amend her motion to incorporate the modified wording with respect to employment offices as suggested by the Planning Director. Mr. Lynch amended his second. Upon roll call, the Commission voted as follows: Vice Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mr. Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. ll.A. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearings. 11.B. From the Public. None. 12. FIRST READINGS: 12.A. ORDINANCE NO. 68-95: An ordinance annexing a 14.47 acre parcel of land known as the Spence Property and establishing initial zoning of RM (Medium Density Residential) District for 12.47 acres, and NC (Neighborhood Commercial) District for two acres. The subject property is located on the west side of Military Trail, north of and adjacent to the L-33 Canal, and approximately 1,400 feet north of Atlantic Avenue. If passed, public hearing on December 5, 1995. The City Manager presented Ordinance No. 68-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 14.47 ACRE PARCEL OF LAND KNOWN AS THE SPENCE PROPERTY, LOCATED ON THE WEST SIDE OF MILITARY TRAIL, NORTH OF AND ADJACENT TO THE L-33 CANAL, AND APPROXI- -12- MATELY 1,400 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING OF A 12.47 ACRE PORTION OF THE LAND TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, AND A 2.0 ACRE PORTION OF THE LAND TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 68-95 is on file in the official Ordinance Book) Mayor Lynch opened the floor for public comment. Edward O'Cleary, attorney representing the owner, stated he is looking forward to being part of the City and hopes to develop the land in the near future. Mr. Randolph moved to approve Ordinance No. 68-95 on FIRST Reading, seconded by Mr. Ellingsworth. 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. 12.B. ORDINANCE NO. 69-95: An ordinance adopting Comprehen- sive Plan Amendment 95-2, including two amendments to the Future Land Use Map (FLUM) as indicated below. If passed, public hear- ing December 5, 1995. The City Manager presented Ordinance No. 69-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 95-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 95-2" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 69-95 is on file in the official Ordinance Book) 1. FLUM Amendment from County HR-8 (High Density Residential - 8 units per acre) and CH/8 (Commer- cial High Intensity with a residential equivalent -13- of 8 units per acre) to City Medium Density Resi- dential 5-12 units per acre and Transitional for a 14.47 acre parcel of land known as the Spence Property, located on the west side of Military Trail, north of and adjacent to the L-33 canal, and approximately 1,400 feet north of Atlantic Avenue. 2. FLUM Amendments from Redevelopment Area #1 to Low Density Residential, General Commercial, Medium Density Residential, Community Facilities, or Open Space, as appropriate, to implement the provisions of the West Atlantic Avenue Redevelopment Plan for an approximate 110 acre area located on the north and south sides of Atlantic Avenue, between Swinton Avenue and 1-95. Mayor Lynch noted Kathy Stokes' comments. Mrs. Smith moved to approve Ordinance 69-95 with chang- es per beach concession text on FIRST Reading, 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. 12.C. ORDINANCE NO. 70-95: An ordinance amending LDR Section 4.3.4(H) (6) (a), "Special Building Setbacks", by deleting the special setback requirement along West Atlantic Avenue extending from Swinton Avenue to the 1-95 Interchange (associated with the West Atlantic Avenue Redevelopment Plan). If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 70-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4(H) (6) (a), "SPECIAL BUILDING SETBACKS" OF THE LAND DEVELOPMENT REGULA- TIONS OF ~HE CITY OF DELRAY BEACH, BY DELET- ING THE SPECIAL SETBACK REQUIREMENT ALONG WEST ATLANTIC AVENUE EXTENDING FROM SWINTON AVENUE TO THE 1-95 INTERCHANGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 70-95 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 70-95 on FIRST Reading, seconded by Mrs. Smith. 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. -14- 12.D. ORDINANCE NO. 71-95: An ordinance amending LDR Section 4.3.4(J) (4) (b) (i) by modifying the boundaries of the geographic area along Atlantic Avenue in which increases to height regula- tions may be approved by the City Commission (associated with the West Atlantic Avenue Redevelopment Plan). If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 71-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4 (J) (4), "INCREASES TO HEIGHT REGULATIONS", SUBPARAGRAPH 4.3.4(J)(4)(b) (i), OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE BOUND- ARIES OF THE GEOGRAPHIC AREA ALONG ATLANTIC AVENUE IN WHICH INCREASES TO HEIGHT REGULA- TIONS MAY BE APPROVED BY THE CITY COMMISSION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 71-95 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 71-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission 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. 12.E. ORDINANCE NO. 73-95: An ordinance amending Article 4.5, "Overlay and Environmental Management Districts", of the Land Development Regulations by enacting Section 4.5.6, "The West Atlantic Avenue Overlay District" If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 73-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF THE LAND DEVELOP- MENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING SECTION 4.5.6, "THE WEST ATLANTIC AVENUE OVERLAY DISTRICT"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 73-95 is on file in the official Ordinance Book) Mrs. Smith moved to approve Ordinance No. 73-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- -15- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 74-95: An ordinance amending Section 4.6.9(E) (3) "In-Lieu Fee", by adding the General Commercial (GC) zoning district (West Atlantic Avenue Overlay District) as an area in which the City Commission may approve the payment of a fee in lieu of providing required parking. If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 74-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9(E) (3), "IN-LIEU FEE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING THE WEST ATLANTIC AVENUE OVERLAY DISTRICT WITHIN THE GENERAL COMMERCIAL (GC) ZONING DISTRICT AS AN AREA IN WHICH THE CITY COMMISSION MAY APPROVE THE PAYMENT OF A FEE IN LIEU OF PROVIDING RE- QUIRED PARKING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 74-95 is on file in the official Ordinance Book) Mr. Randolph moved to approve Ordinance No. 74-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No. Said motion passed with a 3 to 2 vote. 12.G. ORDINANCE NO. 75-95: An ordinance rezoning certain parcels of land from GC (General Commercial) to R-1-A (Single Family Residential) District; from GC (General Commercial) to RM (Medium Density Residential) District; from R-1-A (Single Family Residential) to GC (General Commercial) District; from RM (Medium Density Residential) to GC (General Commercial) District; and from GC (General Commercial) to OS (Open Space) District; all associated with the implementation of the West Atlantic Avenue Redevelopment Plan. If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 75-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL COMMER- CIAL) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, FROM GC (GENERAL COMMERCIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, FROM R-1-A (SINGLE FAMILY RESIDENTIAL) TO GC -16- (GENERAL COMMERCIAL) DISTRICT, FROM RM (MEDI- UM DENSITY RESIDENTIAL) TO GC (GENERAL COM- MERCIAL) DISTRICT, AND FROM GC (GENERAL COMMERCIAL) TO OS (OPEN SPACE) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE WEST ATLANTIC AVENUE REDEVELOPMENT PLAN PURSUANT TO FUTURE LAND USE ELEMENT POLICY C-2.4 OF THE COMPRE- HENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF ATLANTIC AVENUE, BETWEEN SWINTON AVENUE AND INTERSTATE-95; 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. 75-95 is on file in the official Ordinance Book) Mrs. Smith moved to approve Ordinance No. 75-95 on FIRST Reading, 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. 12.~. ORDINANCE NO.76-95: An ordinance annexing to the City a 27.76 acre parcel of land known as the Hardrives property. The subject property is located on the east and west sides of Con- gress Avenue, approximately 1000' south of Linton Boulevard. If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 76-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 27.76 ACRE PARCEL OF LAND KNOWN AS THE HARDRIVES PROPERTY, LOCATED APPROXIMATELY 1,000 FEET SOUTH OF LINTON BOULEVARD ON THE EAST AND WEST SIDES OF CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 76-95 is on file in the official Ordinance Book) A. Review of proposed Annexation Agreement. Dr. Alperin moved to approve Ordinance No. 76-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- -17- mission 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. The City Attorney noted that the Annexation Agreement is being worked on and will be presented to Commission on Decem- ber 5th. 12.I. ORDINANCE NO. 75-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from County Industrial to City Transitional, and establishing initial zoning of POC (Planned Office Center) District for a 6.72 acre portion of the approximately 1,600 feet south of Germantown Road. If passed, public hearing December 5, 1995. Avenue, approximately 1600 feet south of Germantown Road. If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 77-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY "TRANSITIONAL", AND ESTABLISHING INITIAL ZONING OF POC (PLANNED OFFICE CENTER) DISTRICT, FOR A 6.72 ACRE PARCEL OF LAND LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, APPROXIMATELY 1,600 FEET SOUTH OF GERMANTOWN ROAD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; 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. 77-95 is on file in the official Ordinance Book) Dr. Alperin moved to approve Ordinance No. 77-95 on FIRST Reading, seconded by Mr. Ellingsworth. 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. 12.J. ORDINANCE NO. 78-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from County Industrial to City Industrial, and establishing initial zoning of I (Indus- trial) District for 7.93 acre portion of the Hardrives property located on the east side of Congress Avenue, approximately 400 feet south of Germantown Road. If passed, public hearing Decem- ber 5, 1995. The City Manager presented Ordinance No. 78-95: -18- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COUNTY "INDUSTRIAL" TO CITY "INDUSTRIAL"~ AND ESTAB~ LISHING INITIAL ZONING OF I ~INDUSTRIAL ; DISTRICT, FOR A 7.93 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, APPROXIMATELY 400 FEET SOUTH OF GERMANTOWN ROAD, AS THE SAME IS MORE PARTICULARLY DE- SCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; 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. 78-95 is on file in the official Ordinance Book) Dr. Alperin moved to approve Ordinance No. 78-95 on FIRST Reading, seconded by Mr. Ellingsworth. 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. 12.K. ORDINANCE NO. 79-95: An ordinance providing for a Small Scale Future Land Use Map Amendment from Open Space to Transitional for a 3.01 acre portion of the Lakeside at Centre Delray office development, located on the south side of Germantown Road between S.W. 22nd Avenue and Congress Avenue. If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 79-95: 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 A 3.01 ACRE PORTION OF LAKESIDE AT CENTRE DELRAY (OFFICE DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OPEN SPACE TO TRANSITIONAL; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE MAP AMENDMENTS; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 79-95 is on file in the official Ordinance Book) Mr. Ellingsworth moved to approve Ordinance No. 79-95 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -19- 12.L. ORDINANCE NO. 80-95: An ordinance amending Section 4.4.13 of the Land Development Regulations regarding density in the Central Business District (CBD) zoning district. If passed, public hearing December 5, 1995. The City Manager presented Ordinance No. 80-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, TO ALLOW MULTI-FAMILY RESIDENTIAL DWELLING UNITS AS A PERMITTED USE WITHIN THE CBD, WITH A MAXIMUM DENSITY OF 30 UNITS PER ACRE WEST OF N.E. 7TH AVENUE AND 12 UNITS PER ACRE EAST OF N.E. 7TH AVENUE; PROVIDING FOR THE REGULATION THEREOF; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 80-95 is on file in the official Ordinance Book) Mr. Ellingsworth expressed concern over the maximum density of 30 units per acre allowed for multi-family residential dwelling units. He feels this is too intense and that such a use should be considered through the conditional use process. Mayor Lynch stated that he would be abstaining from the vote on this item. Dr. Alperin moved to approve Ordinance No. 80-95 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Abstain; Mrs. Smith - Yes; Dr. Alperin Yes; Mr. Ellingsworth - No. Said motion passed with a 3 to 1 vote. 9.B. REQUEST TO WAIVE INTEREST ON LIEN/103-128 S.W. 13TH AVENUE: Consider a request to waive accrued interest in the amount of $1,235.97 and accept payment of $12,262.05 to satisfy liens against the property located at 103-128 S.W. 13th Avenue. Dr. Alperin moved to deny the request to waive accrued interest in the amount of $1,235.97, 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 - Abstain. Said motion to deny passed with a 4 to 0 vote. 9.C. SETTLEMENT/ESTATE OF L. TRIANOS V. THE CITY: Consider approval of settlement in the referenced matter as recommended by the City Attorney. -20- Dr. Alperin moved to accept the City Attorney's recom- mendation, seconded by Mrs. Smith. 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. 9.D. APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the Education Board to fill an unexpired term ending July 31, 1997. Appointment by Mayor Lynch. Mayor Lynch stated that he wished to appoint Charles W. "Bill" Naron as a member to the Education Board to fill an unex- pired term ending July 31, 1997. Dr. Alperin so moved, seconded by Mr. Ellingsworth. 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. TELEPHONE EQUIPMENT UPGRADE/COMMUNITY IMPROVEMENT DEPARTMENT: Consider the purchase of the Meridian Norstar tele- phone system for the Community Development Department from second Iow bidder, Bell South Communications, in the amount of $26,141.97 from 334-6112-519-64.12. Dr. Alperin moved to approve the purchase of the Merid- ian Norstar telephone system for the Community Development De- partment from Bell South Communications, in the amount of $26,141.97, seconded by Mrs. Smith. Upon roll call the Commis- sion 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. CONTRACT ADDITION (C.O. ~I)/MOLLOY BROTHERS, INC.: Consider a Contract Addition in the amount of $22,800 to Molloy Brothers, Inc. for the emergency removal and replacement of a deteriorated "10" sanitary sewer main on S.W. 2nd Street between Swinton Avenue and S.W. 1st Avenue. This emergency repair is by Contract Addition (C.O. #1) to our existing contract with Molloy Brothers for the Atlantic Avenue/Miramar Drive Stormwater Pump Station. Funding is available from Renewal and Replacement - Sewer Mains (Account No. 442-5178-536-63.51). Mr. Ellingsworth moved to approve the Contract Addition (C.O. #1) with Molloy Brothers, Inc. in the amount of $22,800, 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. 9.G. BLOCK 76 (PIERCE TIRE) PARKING LOT PHASE II FUNDING: Consider a request from the Parking Management Team and the Community Redevelopment Agency to use in-lieu fees for the Block 76 Parking Lot Phase II funding. -21- The City Manager stated the CRA has funding available for Phase I of this parking. This lot will serve both Old School Square and the redeveloped Ocean City Lumber block. Previously, the CRA asked the City to do a 24 space lot across from the Ocean City Lumber property. They expected it would be in the range of $50-60,000. The CRA has now obtained bids for this parking lot. Based on the bids the cost of adding the 24 space Phase II lot at this time is estimated at $38,055. Since the CRA now plans to proceed with demolishing the buildings on the 18 space Phase II lot and the costs are somewhat less than originally estimated, the CRA asks that the Commission consider funding all of Phase II. The Parking Management Team has requested that this 24 space lot for Phase II be built now using parking in-lieu fees to the extent available, with the City advancing the balance needed. From the balance, the Finance Director is recommending using interest earnings from Phase I of the Decade of Excellence. The City Manager stated that his recommendation is to use parking in-lieu fees as far as they would go and pay the balance with the interest earnings and then over the next couple of years there may be additional money in-lieu money that may come in. In fiscal 1998, the CRA has this in the Capital Improvement Program and they could pay off the balance at that point. Another alter- native would be to use all interest earnings and reserve in-lieu fees for other uses such as land acquisition or choose not to require the CRA to repay it. Mayor Lynch suggested to encourage the Parking Manage- ment Team to use the money for acquisition. The City Manager asked if Mayor Lynch is suggesting to hold back the in-lieu money for acquisition? In response, Mayor Lynch stated he does not mind the money being used; however, feels the money should be reim- bursed to the City by the CRA. Dr. Alperin moved to approve the City Manager's recom- mendation for the funding of Phase II, and encourage the Parking Management Team to pursue acquisition use in-lieu; but reimbursed all by the CRA, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer In response to Dr. Alperin's prior inquiry regarding the gang activities in Delray Beach, the City Manager reported that the investigative division of the Police Department has been constantly working on this problem which is one of the reasons the City was able to make a quick arrest in the convenience store incident at 22nd Street and Seacrest Boulevard. The City has -22 - taken the following actions: attendance at the monthly Broward County Gang Task Force Meeting; attendance at the monthly Palm Beach County Gang Task Force Meeting; increasing the size of the juvenile division to include the permanent reassignment of one investigator and the filling of a vacant authorized position. Also, light duty personnel has been assigned the responsibility to document and update intelligence on gang activity and member- ship. Letters have been sent out to the parents of suspected gang members to educate them to the signs of gang membership along with tips on how to deal with associated problems. Cur- rently, a long range plan is being formalized to include educa- tion training for parents, teachers, civic organizations, and sworn-in members of the Police Department. The City will also be looking at the duties of Police personnel as they relate to juvenile intelligence. In response to Mrs. Smith's prior inquiry regarding the tracking of groups who are interested in renting the Golf Course Clubhouse but do not book due to the size of their party, the City Manager stated that the previous clubhouse manager did not track the number of parties which were not able to be accommodat- ed due to the limited size of the dining room. However, since October 4th, when the new club house manager came aboard, there was only one party not booked due to size. Currently, Mr. Drabin, Clubhouse Manager, has a tracking system in place. In response to Mr. Randolph's prior inquiry regarding cargo type trailers parking on private property and whether or not there is a method for monitoring their contents, the City Manager stated that parking or storing cargo type trailers on residential property is not permitted in the City for more than one hour in any 24 hour period. The City has actively issued "notices to appear" for improperly stored cargo trailers. Recently, the City held a meeting with the Haitian Community addressing this issue. The residents were instructed that it was improper to store cargo trailers on private property. In response to County Commissioner McCarty's concern regarding the Lee's Crossing issue, the City Manager stated staff met with the engineer and the developer for the project concern- ing the issues. They have agreed to three of the four requests: (1) to provide a construction entrance at a mid-point in the property, (2) to provide a landscape buffer along Gallagher Road to be reviewed by SPRAB, and (3) work to reduce the impact of the construction noise. In response to an inquiry brought to Mayor Lynch's attention regarding the appearance of the trees at Miller Park adjacent to Town and Country Estates, the City Manager stated that the City has determined the trees are definitely on City property. The City will either have staff trim the trees, or contract the work. -23 - The City Manager suggested that another option regard- ing the beach concession building would be to build a smaller duplicate of a lifeguard station. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Dr. Alperin Dr. Alperin commented that car carriers are parking in the public right-of-way on Lake Ida Road and loading and unload- ing cars. Secondly, Dr. Alperin stated he attended an Education Concurrency Task Force Meeting and the School Board has agreed to improve the level of service and quality of schools by making the number of students in elementary schools 600, the number of students in middle school 900, and the number of high school students 1,500. Dr. Alperin stated he is satisfied and feels something positive has resulted from the meeting. 13.C.2. Mrs. Smith Mrs. Smith attended a Joint Venture Meeting and stated how impressed she is with all the events that will be happening between now and the end of the year. She also wished everyone a Happy Thanksgiving. 13.C.3. Mr. Ellinqsworth Mr. Ellingsworth wished everyone a Happy Thanksgiving. 13.C.4. Mr. Randolph Mr. Randolph stated while he was driving home one evening, he noticed that the Lake Ida Road railroad crossing was malfunctioning, however, since then he has seen people working on this problem. 13.C.5. Mayor Lynch Mayor Lynch stated that he met with the Children's Services Council and distributed a letter to the City Manager received from the CSC. He feels the meeting with them was very positive and stated that in the future the CSC should deal di- rectly with the City Manager. Regarding the Boynton Beach bridge, Mayor Lynch stated that Kathy Daley has arranged for P.I.N.D. to meet at City Hall on December 1st at 10:00 a.m. -24- Mayor Lynch commented that the Municipal League will hold a BBQ and golf tournament in Belle Glade on December 8th. Mayor Lynch distributed a letter to the City Manager from the Board of Realtors concerning setbacks. Mayor Lynch announced that a "PEACE" meeting will be held December 4, 1995, at 7:00 p.m. Mayor Lynch stated that the City has invited Frank T. Brogan, Commissioner of the Florida Department of Education, to speak to us and in return Mr. Brogan said there will be a seminar held in Orlando on December 7th and 8th regarding education in Florida. Mayor Lynch passed this information to the City Manager and indicated that he feels it is very important that Delray Beach be represented at the seminar. Mayor Lynch stated he and the City Manager traveled to Sarasota recently representing the City of Delray and he feels that Delray Beach has set a good example to other cities through- out the state of Florida. Lastly, Mayor Lynch wished everyone a very Happy Thanksgiving. There being no further business, Mayor Lynch declared the meeting adjourned at 9:00 P.M. ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of November 21, 1995, which minutes Mere formally approved and adopted by the City Commission on ~J~3_/r~6~ ~ /~9~ -25- 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. -26 -