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02-22-94 FEBRUARY 22, 1994 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas Lynch in the Commission Chambers at City Hall at 6:00 Tuesday, February 22, 1994. 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 Scott Gress, Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Manager reported that the applicant has requested that Item 9.C. (Final Plat/Hancock Subdi- vision) be removed from tonight's agenda and postponed to a future meeting. It is also requested that Item 9.L. ("Sharing For Excellence in Schools 1994" Plan) be moved forward on the agenda. It was the consensus of the Commission to move Item 9.L. forward to be placed between Items 9.A and 9.B. The City Manager then requested that an additional item be added to the Regular Agenda as Item 9.M., that being Change Order 93 for the reroofing of Pompey Park. The City Attorney noted that there is a minor modifica- tion to Item 8oC. deleting references to taxes for a right-of-way deed and recommended it be approved with that caveat. The City Attorney requested that Items 8.P and 8.Q. be moved to the begin- ning of the Regular Agenda. Mr. Ellingsworth moved approval of the agenda as amend- ed, 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. 5. Approval of Minu~es. Mr. Ellingworth moved approval of the Minutes of the Regular Meeting of February 8, 1994, and the Special Meeting of February 15, 1994, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Girl Scout Week - March 6 to 12, 1994. Mayor Lynch read and presented a proclamation proclaiming March 6 through 12, 1994 as Girl Scout Week and encouraged all citizens to support the Girl Scout movement. 6.B. R~cQgnizing the Cleveland Family as the State of Flori- da Tennis Association's 1993 Family of the Year. Mayor Lynch read and presented a proclamation honoring the Cleveland Family as the State of Florida Tennis Association's 1993 Family of the Year. The Cleveland family came forward to accept the proclama- tion, with Mr. Don Cleveland thanking the Commission on behalf of his family. 7, Presentations: 7,A. Ms. Sherry Johnson - Center for Technology. Enterprise ~nd Development. Ms. Johnson pointed out that seated in the audience tonight were the builders for the Center, members of the Board of Directors and a majority of the 37 homeowners of the program. She gave a brief presentation with emphasis on how the program is an excellent example of community involvement and that a second phase has been initiated with 71 individuals participat- ing. Ms. Johnson expressed appreciation of the City's support for the Center. Mr. Sam McGhee, Executive Director for the Center, reported that the Center was also awarded a grant and partnership with Indiantown and will construct ten homes within that area. Also, that Palm Beach County has chosen the Center's Incubator Concept as a model for the County and will be helping with fund- ing for that project. 7,B. MS, Tina Masciocchi - Deerfield Beach Community Rela- tions Board. Purple Ribbon Campaign, Ms. Masciocchi stated that the Urban League of Broward County and the Community Relations Board of Deerfield Beach have been working together on the Purple Ribbon Campaign. She emphasized that the Campaign creates an awareness that crime and violence must be eliminated and that a buy-back program for guns will be initiated in the very near future. The Purple Ribbon Campaign has been created with the hope that this campaign will become similar to that which the yellow ribbons symbolized during the hostage crisis. Ms. Masciocchi then distributed purple ribbons to the Commission. 8. CONSENT AGENDA. City Manager recommends approval. 8,A. APPOINTMENT TO THE METROPOLITAN PLANNING ORGANIZATION./ TECHNICAL ADVISORY COMMITTEE (MPO-TAC): Approve appointment of --2-- City Engineer Ralph Hayden to the Palm Beach County Metropolitan Planning Organization Technical Advisory Committee, with Senior Planner Paul Dorling as alternate. 8,B. APPOINTMENT TO INTERGOVERNMENTAL PLAN AMENDMENT REVIEW COMMITTEE (IPARC): Approve appointment of Diane Dominguez to the Intergovernmental Plan Amendment Review Committee. RIGHT-OF-WAY DEED/S.W. 10TH AVENUE: Accept a right- of-way deed associated with the construction of S.W. 10th Avenue between Linton Boulevard and S.W. llth Street. 8.D. RECEIPT OF INFRASTRUCTURE REPORT/PUBLIC HEARING JANUARY 24. 1994; Receive and file report of January 24, 1994, annual Public Hearing mandated by the Comprehensive Plan, regarding capital improvement needs throughout the City. 8.E. REPLAT/RIESKE SUBDIVISION; Approve replat for the Rieske Subdivision located on S.E. 7th Avenue, north of S.E. 4th Street, pursuant to LDR Section 2.4.5(L). 8,F. FINAL PLAT/CLEARBROOK PARK: Approve the final plat for Clearbrook Park, located on the west side of Homewood Boulevard south of Atlantic Avenue, between Lago Del Rey and Woodlake subdivisions. 8,G. RESOLUTION NO. 16-94/ABANDONMENT OF PUBLIC EASEMENTS AT CLEARBROOK PARK. RESOLUTION NO. 16-95 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TWELVE (12) FOOT WIDE UTILITY EASEMENT, A TWELVE (12) WIDE SANITARY SEWER UTILITY EASEMENT AND A TEN (I0) FOOT WIDE WATER UTILITY EASEMENT LOCATED WITHIN A PORTION OF THE PLAT OF LAGO DEL REY, PLAT II A, RECORDED IN PLAT BOOK 39, PAGE 170; A PORTION OF TRACTS A AND B, LAGO DEL REY, RECORDED IN PLAT BOOK 30, PAGE 69, AND A PORTION OF THE PLAT OF LAGO DEL REY, PLAT II A, RECORDED IN PLAT BOOK 39, PAGE 170; AND A PORTION OF PARCEL P, HIDDEN LAKE AS RECORDED IN PLAT BOOK 63, PAGE 180 AND 181, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (A copy of Resolution No. 16-95 is on file in the official Resolution Book) 8.H. FINAL PLAT/LL PARK OF COMMERCE: Approve the replat of Parcels B and C of the LL Park of Commerce located at the south- -3- · east~ corner of north Congress Avenue and the Lake Worth Drainage District's E-4 canal. FINAL PLAT/HIGHLAND TRAILER PARK: Approve the replat of Lot 170, Highland Trailer Park located at the northwest corner of Barwick Road and Pine Grove Road. 8~J. WAIVER OF LAND DEVELOPMENT REGULATIONS/MARINA DELRAY DOCK: Approve a waiver to LDR Section 7.9.5(A) governing dock projection from the seawall and Section 7.9.11(A) governing projection of boat lifts. 8,K, WAIVER OF LAND DEVELOPMENT REGULATIONS/$~WGRASS CON- ~TRUCTION, INC. BOAT LIFT; Approve a waiver to LDR Section 7.9.11(A) governing projection of boat lifts to Sawgrass Con- struction, Inc. for 1045 Del Haven Drive. §,L, REOUEST AUTHORIZATION TO SEEK TRANSPORTATION ENGINEER- ING CONSULTANT SERVICES: Authorize starting the selection pro- cess for a Transportation Engineering Consultant for on-going services in lieu of a.staff position for the Traffic Engineer. 8.M. GRANT REOUEST/COMMUNITY JUVENILE JUSTICE PARTNERSHIP PROGRAM; Authorize staff to apply for a grant of up to $100,000 from the Community Juvenile Justice Partnership Program aimed at youth at risk. 8~No RATIFICATION OF SOUTH CENTRAL RE~IQNAL WAST~WATER TREATMENT AND DISPOSAL BOARD ACTIONS TAKEN JANUARY ~0, 1994: Ratify expending $1,840,000 for Sludge Process Modification; awarding Executive Director a 4% raise effective 10/1/94; award- ing contract to John J. Kirlin for Sludge Modification and Emer- gency Chlorine Scrubber in the amount of $1,950,000; entering three year contract for Sludge Hauling with J & J Baker Enter- prises; authorizing purchase of Effluent Sample Pumps, two Chlo- rination Flow Meters, Bowl Liner for Centrifuge and Lime Slurry Pump; expending additional $71,000 for engineering, legal and legislative costs associated with Reuse Water Project. FUNDRAISING EVENT/DELRAY MERCHANTS ASSOCIATIQN~ Ap- prove a Blues Festival fundraising effort for the Delray Mer- ~chants Association on March 12, 1994, from 3:00 p.m. to 12:00 midnight, hosted by West Side Liquors. 8.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA, THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA. 8.R, FINAL PAYMENT/FABRICATION PLUS; Approve Final Payment in the amount of $21,350.00 to Fabrication Plus for architectural fencing at the Delray Beach Tennis Center site, with funding from the General Construction Fund, Tennis Center Stadium Phase II (Account No. 334-4145-572-63.42). -4- 8,S. DEDUCTION OF MONIES/DEES CONTRACTING; Authorize deduc- tion of $6,522.64 from monies owed to Dees Contracting to reim- burse staff for paint overspray on cars, pay additional consult- ing fees and phone charges which were incurred during construc- tion. ~,T, SERVICE AUTHORIZATION NO. 9/PROFESSIONAL ENGINEERING CONSULTANTS. Inc.: Approve Service Authorization No. 9 in the amount of $187,407.00 to the contract with Professional Engineer- ing Consultants, Inc. for the N.E. Ground Water Storage Tank, with funding from 1993 Water and Sewer Revenue Bond N.E. Storage Tank (Account No. 440-5179-536-63.54). 8.U. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - Multiple contracts for housing reha- bilitation to the following low bid contractors: Ray Graeve Construction (202 1/2 S.W. 13th Avenue) in the amount of $20,000 and (620 Lake Ida Road) in the amount of $20,000; South Florida Construction (234 S.W. llth Avenue) in the amount of $11,427; with funding from Community Development Block Grant Housing Rehabilita- tion (Account No. 118-1963-554-49.19). Mr. Ellingsworth moved approval of the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA; THE FOLLOWING TWO ITEMS WERE MOVED FROM THE CONSENT AGENDA. 9~A,A, (8~P), RESOLUTION NO, 13-94: A resolution declaring the necessity for public improvements including improved sidewalks and associated landscaping on N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street and establishing a special assessment district known as the Banker's Row Assessment District ("BRAD"). RESOLUTION NO. 13-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS ON N.E. AVENUE BETWEEN N.E. 2ND STREET AND N.E. 3RD STREET; REQUIRING THE DESIGN OF PLANS, SPECI- FICATIONS AND ESTIMATES OF COSTS FOR THE IMPROVEMENTS; ESTABLISHING A SPECIAL ASSESS- MENT DISTRICT KNOWN AS THE BANKER'S ROW ASSESSMENT DISTRICT ("BRAD") TO INCLUDE THOSE PROPERTIES LOCATED ON N.E. lST AVENUE BETWEEN N.E. 2ND STREET AND N.E. 3RD STREET, DELRAY BEACH, FLORIDA; PROVIDING FOR THE METHOD OF --5-- PAYMENT OF ASSESSMENTS; PROVIDING FOR THE NUMBER OF ANNUAL INSTALLMENTS. (Copy of Resolution No. 13-94 is on file in the Offi- cial Resolution Book) The City Attorney pointed out that Exhibit A(s) for both Resolution No. 13-94 and Resolution No. 14-94 have been amended and provided to the City Clerk for attachment to the resolutions respectively. She further stated that the reason for moving these items to the regular agenda is to enable any affect- ed property owner who wishes to do so the opportunity to give public testimony. No one from the audience wishes to address the Commission on this matter. Dr. Alperin moved to approve Resolution No. 13-94, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor - Lynch; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 - 0 vote. 9,A.B, (8.0.) .R L N N . 14- 4. A resolution declaring the necessity for public improvements including street paving, street-side parking and street lighting on N.E. 1st Avenue ~be- tween N.E. 2nd Street and N.E. 3rd Street and establishing a special assessment district known as the Banker's Row Assessment District ("BRAD"). RESOLUTION NO. 14-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS ON N.Eo AVENUE BETWEEN N.E. 2ND STREET AND N.Eo 3RD STREET; REQUIRING THE DESIGN OF PLANS, SPECI- FICATIONS AND ESTIMATES OF COSTS FOR THE IMPROVEMENTS; ESTABLISHING A SPECIAL ASSESS- MENT DISTRICT KNOWN AS THE BANKER'S ROW ASSESSMENT DISTRICT ("BRAD") TO INCLUDE THOSE PROPERTIES LOCATED ON N.E. 1ST AVENUE BETWEEN N°E. 2ND STREET AND N.E. 3RD STREET, DELRAY BEACH, FLORIDA; PROVIDING FOR THE METHOD OF PAYMENT OF ASSESSMENTS; PROVIDING FOR THE NUMBER OFANNUAL INSTALLMENTS. (Copy of Resolution No. 14-94 is on file in the offi- cial Resolution Book) Mayor Lynch opened the floor for comments from affected property owners. No one from the audience wished to address the Commission on this matter. Dr. Alperin moved to approve Resolution No. 14-94, seconded by Mr. Ellingsworth. Upon roll call the Commission --6-- ~ 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.A, ~VIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARI- OUS BOARDS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Pres- ervation Board during the period February 7 through February 18, 1994. Dr. Alperin moved to receive and file the report, 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. Item 9.L. was moved forward on the agenda. 9.L. ADOPT "SHARING FOR EXCELLENCE IN SCHOOLS 1994" PLAN: Adopt 1994 update of the original 1990 plan. Mr Bob Barcinski', Assistant City Manager, stated that .after the Commission's last workshop meeting the document was amended to reflect some editorial comments and is before the Commission for consideration of approval and direction to staff to forward the document to the School Board and VISIONS 2000. Mayor Lynch noted that the three groups will hold a joint meeting with a tentative date of March 23rd, 2:00 - 4:00 P.M.. Mr. Randolph moved for adoption of the Sharing for Excellence in Schools 1994 Plan, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mr. Randolph - Yes. Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. The Commission complimented staff and the Education Board for a job well done. 9.B, RESQLUTION NO, 10-94: A Resolution authorizing the City.to purchase a portion of the Blood's Grove property for the purpose of providing a municipal park, and accepting the Contract for Sale and Purchase between the Sellers and the City. RESOLUTION NO. 10-94 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 --7-- THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 10-94 is on file in the offi- cial Resolution Book) Mr. Ellingsworth moved for approval of Resolution No. 10-94, 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. The City Manager emphasized that everyone involved has worked very hard on this project and complimented Mr. Barcinski for his excellent work in representing the City. 9.C. THIS ITEM WAS REMOVED FROM THE AGENDA. 9.D. CONDITIONAL USE MODIPICATION/DELRAY SOUARE BINGO HALL: Consider an appeal of the approval of a conditional use modifica- tion granted by the Planning and Zoning Board for DelraY Square Bingo Hall. Mr. David Kovacs, Planning Director, stated that~condi- tional use was granted some time ago and when the use was estab- lished there was a request to modify the days the hours of opera- tion. The Planning and Zoning Board approved the modification. However, it was appealed at the February 8th regular meeting by Dr. Alperin and is now before the Commission for consideration. Mr. Roger Saberson, Attorney representing Delray Square Bingo Hall, emphasized that the Planning and Zoning Board, by unanimous vote, approved both the initial request and the modifi- cation. He pointed out that there is abundant parking with 350 parking spaces which is far in excess of the 96 required; the shopping center has over 1,100 parking spaces; there is no issue regarding traffic impact; the use is in an existing building; it is vested for traffic purposes; the use has already been approved and there is just the modification for the consideration of additional days and hours of operation. Dr. Alperin explained the'rationale for his appeal of this item, stating~that he felt there are~an abundance of bingo facilities within the City. He expressed concern of the image that the City is trying to portray, but also recognized the fact that the use is basically for charities and did not want to re- strict the use in that regard. Dr. Alperin suggested that he would rather monitor the performance of the facility and addi- tional traffic impact before any consideration of the expansion of use (hours of operation). Mr. Saberson stated that his client voluntarily put the hours of operation on the original conditional use application even though there is no limitation of hours required on the --8-- application form. He emphasized that because the hours of opera- tion were listed on the original application, his clients had to come back through the process and ask for the modification. Mr. Randolph expressed concern of the facility operat- ing on Sundays and if this was absolutely necessary, to consider the use after the hour of 1:00 p.m. Mr. Ellingsworth moved approval of the conditional use modification, subject to the hours of operation on Sundays being amended to 1:00 P.M., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - No; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion FAILED on a 3 to 2 vote. 9~Eo EXTENSION OF CONDITIONAL USE AND SITE PLAN APpROV- AL/HESS SERVICE STATION: Consider a request for an extension of the expired Major Modification of a Conditional Use and Site Plan for the Hess Gasoline Station located on the east side of Mili- tary Trail, north of Atlantic Avenue, Delray Square Shopping Center. ~ Mr. Dennis Koehler, Attorney, gave a brief presentation and noted that Diane Dominguez,~ Principal Planner, did not have a problem with the request for an eighteen month extension. Mr. Randolph moved for approval of an 18 month exten- sion to the Major Modification of a Conditional Use and Site Plan, 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. 9.F. FORMAL INITIATION OF CITY'S COMPREHENSIVE PLAN AMEND- MENT 94-1~ Consider initiating Amendment 94-1 to the City's adopted Comprehensive Plan. Pursuant to LDR Section 9.2.1, "A Plan Amendment shall only be initiated by formal action of the City Commission." Dr. Alperin moved for the initiation of Comprehensive Plan Amendment 94-1 pursuant to the recommendation of the Plan- ning and Zoning Board, 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 by a 5 to 0 vote. 9.G. REOUEST FOR CITY STAFF SUPPORT OF DELRAY BEACH CHAMBER OF COMMERCE -- DELRAY AFFAIR; Consider request of The Delray Beach Chamber of Commerce for staff support (use of City facili- ties, trash collection, and street barricading) for Delray Affair April 8 - 10, 1994. -9- Mr. Ellingsworth moved approval, of the request from the chamber of Commerce with the exceptions recommended in staff's memorandum of February 15, 1994, seconded by Mr. Randolph. Prior to roll call the following discussion was had: Mr. Ellingsworth noted that during a recent art show held at Atlantic Plaza, a number of balloons were flying in violation of the code. He suggested that this activity should be monitored and enforced uniformly, thus allowing the same require- ment for everyone. Mayor Lynch questioned the anticipated cost of split- ting the cost of Police protection and trash collection. Mr. Barcinski responded that the City's share of anticipated costs would be $4,800 for all services provided. At this point the roll was called to the motion. It was the consensus of the Commission to move Item 9.K. forward on the agenda. 9.K REOUEST TO POSTPONE REZONING LAKEVIEW GOLF COURSE: Consider request to postpone ~ rezoning of the Lakeview Golf Course. The City Attorney stated that the postponement for the rezoning of the Lakeview Golf Course was requested by the proper- ty owners. Their rationale in proposing the delay is to be able to give additional time for negotiations to take place without the need of preparing for a rezoning hearing during the three month interim. Mayor Lynch felt that it would be a show of good faith to grant the postponement to allow the additional time for nego- tiations. Ms. Nancy Stroud, Attorney representing the property owners, thought that perhaps an agreement could be reached rela- tive to the purchase of the property; thus, the request for the 90 day postponement. She did not feel there was a compelling reason to go through the process of a rezoning at this time and that all parties concerned could focus their concentration on such an agreement. After discussion, Mr. Ellingsworth moved to postpone the rezoning of Lakeview Golf Course for ninety (90) days, with Planning and Zoning Board consideration to take place in July, 1994, as opposed to April, 1994 as currently scheduled; seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No. Said motion passed with a 4 to 1 vote. -10- · At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10, PUBLIC HEARINGS: 10,A, ORDINANCE NQ, ~-94~ An ordinance modifying the Commu- nity Redevelopment Plan for the City of Delray Beach to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of several new pro- grams to the Plan. The City Manager presented Ordinance No. 5-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA, IN ITS ENTIRETY; FINDING THAT THE MODIFICATION CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATION IS ~ CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FIND- INGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 5-94 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. Dr. Alperin moved for the adoption of Ordinance No. 5-94 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,B. ORDINANCE NO. 2-94: An ordinance rezoning a 1.75 acre parcel of land located south of S.E. 4th Street, between the F.E.C. Railroad and S.E. 1st Avenue, from GC (General Commercial) to SAD (Special Activities District). Planning and Zoning Board unanimously recommends approval as an interim measure. The City Manager presented Ordinance No. 2-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN SAD (SPE- -11- CIAL ACTIVITIES) DISTRICT., BEING A 1.75 ACRE PARCEL OF LAND LOCATED SOUTH OF S.E. 4TH STREET BETWEEN THE FEC RAILROAD AND S.E. AVENUE AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1993"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 2-94 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. Randolph moved adoption Ordinance No. 2-94 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. IO.C. ORDINANCE NO. 4-94; An ordinance rezoning properties located east of Seacrest ~Boulevard, immediately south of and adjacent to Atlantic High School (N.E. 22nd Lane), from NC (Neighborhood Commercial) District to R-1AA (Single Family Resi- dential) District. The City Manager presented Ordinance No. 4-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT IN R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING LOCAT- ED AT THE NORTHEAST CORNER OF THE INTERSEC- TION OF N.E. 22ND STREET AND SEACREST BOULE- VARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA; 1993; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 4-94 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. Mrs. Smith moved adoption of Ordinance No. 4-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. -12- Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 11, Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. .Il,A, City Manager's response to prior public comments and inquiries, ll~A.I~ In response to an inquiry regarding the condition of two structures located at the corner of S.W. 10th Street and Swinton Avenue, the City Manager stated that Code Enforcement checked into the situation on February 15th. One of the struc- tures, located at the southwest corner of the intersection of Swinton and 10th Street, is a single family home which is in satisfactory condition and the yard contains plants which the tenant grows for medicinal purposes. During staged visits to the site trying to purchase plants, staff was informed that the plants were not for sale. Technically the yard is not overgrown; however, the hedge needs to be trimmed which has been addressed with the tenant. The property immediately west contains a duplex which falls under the 1993 Nonconforming Landscape Compliance Regulations. On February 15th the structure was vacant and the owner has cleaned up the yard and. is making repairs to the build- ing in response to Code Enforcement contact over the past few months. ll,A.2. In regard to the Atlantic Avenue widening project, Palm Beach County has informed the City that a contract will be award- ed on March 1st and the notice to proceed with the project for March 15th. The City Manager noted that work will probably commence sometime after that date. ll.A.3. In response to an inquiry regarding benches and trash receptacles in the downtown area, the City Manager reported that the City's Maintenance staff is checking into alternative materi- als such as recycled plastic for manufactured litter containers. This material is available in the same shape as wood and a trial container will be installed during March for review and approval. He added that the benches will be repaired after the Virginia Slims Tennis Tournament. ll,B. From the Public. ll,B.1. Virginia Snyder. 38 South Swinton Avenue. complimented the three incumbents on not having any opposition and that it must be obvious that the residents are happy, herself included. She expressed concern over a recently published article in the SUN SENTINEL regarding an individual from the MAD DADS organization who allegedly was involved in an abuse case. She felt that the investigation should be carried out by the State Attorney's Office or a private agency should investigate the case. Ms. Snyder suggested that the City's Police Department -13- should also investigate the alleged situation since this volunteer organization has the full support of the City. ll.B.2. Charlotte Lees. President of the Lake Ida Property Owners Association. questioned a current construction project located at 204 N.W. 9th Street. She pointed out that what was originally a pool and addition to a pool house has developed into a three story, modern structure which is totally separated from the home and is not in character with the neighborhood. She questioned the regulations for constructing a separate structure to an existing dwelling in an established neighborhood; and, what conditions must be met before a project would be reviewed by the Planning and Zoning Board, as opposed to staff's "rubber-stamp" of plans. The City Manager stated that he would inquire into the situation as soon as possible. Commissioner Ellingsworth reported that he has received several telephone inquiries relative to this issue and drove by this address to see the construction for himself. He stated that he was ~Shocked to see a tower-like structure of approximately 30 feet in height and agreed that it was incompatible in a single family neighborhood. ll,B,3. Joann Peart, stated that she resides on N.W. 9th Street across from the previously mentioned construction project; however, she wished to address the Commission relative to property which was platted in 1925 as three lots. She felt that the developer was exploiting an awkward situation by not building modest structures but is intending to build much smaller homes than the standard existing in the neighborhood. She complained of a drainage problem on her street. She urged that someone from the City check into regulations regarding the construction of "substandard" homes. David Kovacs, Planning Director, explained that prior to 1990 there were no restrictions and that any lot of record could be built on, no matter what size or frontage. However, it was established in 1990 that a minimum of 50 feet would be required. il.B,4, Lillian Feldman, President of the Delray Breakfast Club, pointed out that the landscaping along Atlantic Avenue, particularly between 1-95 and Swinton Avenue, is being neglected and suggested that this should be checked into and perhaps "spruced up" prior to the Virginia Slims Tennis Tournament. She further pointed out trimming debris was being left in the area of Linton and Homewood Boulevards and suggested that the City should check into the matter. ll.B,5, Helen Coopersmith, representing PROD. expressed concern about ordinary citizens not being allowed to present their input during quasi-judicial hearings. She suggested that -14- the agenda for the Planning and Zoning Board regular meetings be amended to allow for comments and inquiries from the public on non-agenda items. 11,B.6. Cindy Landman. 303 North Swinton Avenue. requested a traffic signal and painted pedestrian crosswalk at the intersection of N.E. 3rd Street and Swinton. She presented statistics of pedestrian and vehicular accidents just north and south of this area during the years 1991 through 1993 which were provided by the Police Department. 11.B~7. Alice Finst, 707 Place Tavant~ expressed appreciation for the landscaping at the Lake Ida Road Lift Station located just west of 1-95 and suggested that trees be installed in close proximity to the building. She further suggested that the property behind the City Attorney's Office could be used for landscape plantings and/or something could be done to improve this area. ll,B.8. Jerry M~rshall. resident of Woodlake Subdivision. had a similar request to Mrs. Coopersmith's inquiry regarding quasi-judicial hearings and asked if it would be possible for a representative from the City, or perhaps the City could hire someone, to represent citizens in order that citizens input could also be put into the record. Mayor Lynch responded that if an item is not a public hearing item, an individual could ask that input from the public be heard at a workshop meeting and that it is not necessary for the City to hire legal representatives. At this point the Commission moved to the First Read- ings portion of the Agenda. 12, FIRST READINGS: 12.A. ORDINANCE NO. 6-94~ An ordinance annexing and estab- lishing the initial zoning for a 16 acre portion of Blood's Hammock Groves for School Site "S" and a proposed 6 acre City park. The City Manager presented Ordinance No. 6-94. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND SOUTH OF THE INTERSECTION OF GERMANTOWN ROAD AND LINTON BOULEVARD LYING AND BEING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMIT'S OF SAID CITY; SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD, SOUTH OF LINTON -15- BOULEVARD IMMEDIATELY WEST OF FOXE CHASE SUBDIVISION; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO CF (COM- MUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 6-94 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to the Regular Agenda. 9,H, .APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint~a member~ to the Delray Beach Housing Authority to a term ending March 6, 1998. Mrs. Smith stated that she wished to recommend to the Mayor the reappointment of Judith Colvard to the Delray Beach Housing Authority. Mayor Lynch accepted the recommendation and asked for a motion. Mr. Ellingsworth moved to appoint Judith Colvard to the Delray Beach Housing Authority to a term ending March 6, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.1, APPOINTMENT TO THE EDUCATION BOARD~ Appoint a member to the Education Board to fill an unexpired term ending July 31, 1995. Mr. Randolph moved to appoint Gladys Whigham to the Education Board to fill an unexpired term ending July 31, 1995, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9,J, SUPPORT COMPENSATION PROPOSALS/CONSULTANTS COMPETITIVE NEGOTIATION ACT: Consider request to support three bills permit- ting governmental agencies to consider compensation proposals with firms selected in the competitive selection process. Dr. Alperin moved approval with direction that a letter of support for the proposals be sent to the City's legislative delegation, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mrs. Smith - Yes; -16- Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said vote passed by a 5 to 0 vote. 9.M. Change Order No. 3 for Reroofinq of Pompey Park. The City Manager explained that the reason for the change order is that there is a leak on the mansard portion of the roof for Pompey Park and recommended approval of Change Order No. 3 in the amount of $6,875.00. Dr. Alperin moved approval of Change Order No. 3 in the amount of $6,875.00, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. ~Qmm~s and Inquiries on Non-Agenda Items. 13,A. ~ity Commission. Dr. Alperin asked the City Manager if he had an oppor- tunity to review the CRA's Redevelopment Plan. City Manager stated that he had questions relative to the three phases of planning for Osceola Park Plan. He pointed out that Phase II is to assist the City in the preparation of redevelopment plan for the northern portion of area designated as Redevelopment #5. Then under Funding Sources portion of the Plan states that the City will be responsible for the funding of Phase II cost; and under Program Schedule, it states that Phases II and III will begin during FY 94/95. He questioned if the City Com- mission, upon adopting or approving the Plan, recognizes a com- mitment to meet the time schedule which is in the Plan. He felt there was not a clear statement regarding the City's intention of committing certain resources. Likewise, for the first phase for the historic survey, the consultant is to be funded by the CRA, but there is also City staff support involved in such a study in evaluating the results and determining whether or not it should be designated as an historic district. The City Manager further stated that he had a concern of the City's commitment at this time or what other priorities there may be or what funding is available or required. He suggested that there should be further discussion regarding clarification of the roles as to what the City should be planning and what the CRA needs to be doing within the redevelopment area. Mayor Lynch stated that Mt. Sinai recently held a seminar on child abuse and how the community could be involved. Although he had not attended the event, he had made a statement which was printed in a local newspaper indicating that perhaps the City could become involved with a hotline, perhaps in con- junction with the social services which will be provided at Carver Middle School. -17- Dr. Alperin pointed out that there is a Child Abuse Hotline already established state-wide through HRS and it would probably be in conflict for any other hotline to be set up along the same line. Commissioner Smith commented that the Swinton Avenue beautification is looking good for the Virginia Slims and sug- gested that other areas of the City should also be "groomed" so that the City is looking its very best. Commissioner Ellingsworth stated that he had an oppor- tunity to speak to several County Commissioners at a recent MPO meeting regarding the City's grant and was told that the County has not received any information; however, they are in full support. Commissioner Ellingsworth suggested that the Planning and Zoning Board should review the issue regarding minimum lot size which was referred to earlier under public comments. ,.Commissioner Randolph reported that he had heard that the City would not be receiving a $100,000 grant for the swimming pool at Pompey Park and wondered if the CRA could possibly help or perhaps there is an alternate funding source which could be pursued for the pool. The City Manager responded that the City is looking for other funding at the State level. Mr. Randolph commented regarding the child abuse issue and stated that he is not a strong advocate of H.R.S. 13.B. City Attorney: No comments. 13.C. City Manager: In response to Mr. Randolph's inquiry regarding the entrance to the Isles of Delray, the City Manager stated that the property owner has been contacted in reference to the condition of the guard house, entrance sign and general appearance. He stated that the matter has not been resolved at this time but the guard house might be demolished or upgraded. He stated that he would keep the Commission informed as to the status of this matter. Regarding the Mayor's request for "No Parking" signs to be installed at the Eighth Street bridge, the City Manager re- ported that the signs will be installed prior to March 1st. The City Manager stated that he had met with the City Attorney, Lula Butler and Jerry Sanzone regarding the permit of the tower mentioned previously. At this time it is not clear as to the City's position. He stated that the code is not perfectly -18- clear regarding this issue and suggested that the LDR's should be amended for clarification purposes. There being no further business, Mayor Lynch declared the meeting adjourned at 8:00 p.m. -- j City ~erk ! ATTEST: The undersigned is the City Clerk of the City of Delray Beach and the information provided herein is the minutes of the meeting of said City Commission of February 22, 1994, which minutes .were formally approved and adopted by the City Commission on ..~/~7_n~'lJ_~ ~, /99~ .... ~ity Cl-erF- ' ! NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -19-