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03-22-94 MARCH 22. 1994 -- 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, March 22, 1994. l. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissione~ Barbara ~mith 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 Commissioner Ran- dolph. The Pledge of Allegiance to the flag of the United State~ of America wa~ given. 4. Agenda Approval. The City Manager noted the two items added to the agenda by addendum, Item 9.N. (Purchase and Construction Agree- ment/S.W. 10th Avenue Right-of-Way) and Item 9.0. (Approval/ Allocation of Funding for Patrol Overtime for West Atlantic Avenue Walking Beat). He further stated that Item 7.C. (Presen- tation re Capital Improvement Program - FY 1995/99) will be deferred to the April 5th workshop meeting. The City Attorney stated that Item 8.K. (Settlement/ Woods of Southridge v. City of Delray Beach) on the Consent Agenda has been postponed. She further requested that the Agenda be amended as applicable for the following items under Public Hearings: 10.B., 10.C., 10.E., 10.F., 10.G. and 10.K and 10.M. 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. Randolph - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: 5.A. Dr. Alperin moved approval of the Minutes of the Regu- lar Meeting of March 8, 1994 and the Special Meeting of March 15, 1994, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. ~aid mstion pass~ with a ~ to 0 rot@. _ 6. Proclamations. 6.A. Days of Remembrance of the Victims of the Holocaust. April 3J throuqh April 10o 1994. Mayor Lynch presented a proclamation commemorating the week of April 3 through April 10, 1994, as the Days of Remem- brance of the Victims of the Holocaust. 6.B. Shrine Hospital Days. April ! throuqh Apri~ 11. ~994. Mayor Lynch presented a proclamation recognizing the week of April 1 through April 11, 1994, honoring the Shrine Hospital Days. ~ National Community Development Week. March 28 throuah April 1. 1994. Mayor Lynch read and presented a proclamation proclaim- ing the week of March 28 through April 1, 1994, as National Community Development Week. The Community Development Block Grant Program provides local governments with resources required to meet the needs of persons of low and moderate incomes. Mr. Jerry Sanzone, Chief Building Official, came forward to accept the proclamation. 6.D. NatiQnal Building Safety Week. April 11. through April 17. 1994. Mayor Lynch read and presented a proclamation observing the week of April 11 through April 17, 1994, as National Building Safety Week. Mr. Sanzone came forward to accept the proclama- tion. 7, Presentations. 7,A. RESOLUTION NQ, 28-94; A resolution recognizing and commending Katie Bell. RESOLUTION NO. 28-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING KATHERINE A. BELL FOR OVER TEN YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. (CoDy of Resolution No. 26-94 is on file in the offi- cial Resolution Book). Mayor Lynch read Resolution No. 28-94 in its entirety. -2- 3/22/94 Dr. Alperin moved approval of Resolution No. 28-94, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Kathie Bell came forward to accept the Resolution commemoratin~ her many years of service. She stated that she was very proud to have been an employee and commented that she has seen many nice changes in the City during her tenure. 7,B, Drug Task Force. Major Rick Lincoln, Police Department, explained that one of the endeavors of the Drug Task Force is the implementation of a Weekend Civil Drug Court in Delray Beach. This is an avenue whereby specific persons, including family members and close friends, may petition a court of law and request that an addicted individual be ordered into a substance abuse treatment program. Circuit Judge Edward Rodgers instituted a Saturday Civil Drug Court in Riviera Beach in an effort to reach those people who are most in need of the court ordered services, but who traditionally have been unable to obtain the substance abuse treatment needed to begin recovery. Major Lincoln stated that Judge Rodgers has agreed to be the presiding judge for the first month of the program in Delray Beach, after which time Eri~ Hightower, Legal Advisor for the Police Department, will be appointed Special Master. Major Lincoln outlined the specifics of the program, noting that the court will be held at City Hall on Saturdays, probably in the mornings, and is targeted to begin on April 2, 1994. Ms. Tracy Gonalez, Safety Court Services Coordinator for Palm Beach County Sheriff's Office, explained that the fund- ing and coordination is provided through the Sheriff's Drug Farm and that this weekend program is a new component of the expansion of the Sheriff's drug treatment program. She explained that this program enables individuals to receive ~rug treatment before they enter the criminal Justice system. Mr. Alton Taylor, Director of the Drug Abuse Founda- tion, stated that the Weekend Drug Court is a fine example of community involvement such as the City of Delray Beach, the Sheriff's Office and a variety of other providers coming together to provide an accessible system for individuals with substance abuse problems. Dr. Alperin expressed appreciation to Ms. Gonalez, Mr. Taylor, the County and the Sheriff's Office for their cooperation and support for the needs of the resi~ents of South Palm Beach County. 7.C. THIS ITEM WAS DEFERRED TO THE WORKSHOP MEETING OF APRIL 5. 1994. O, Gonaeng Agenda~ City Manager 8.A. RESOLUTION NO. 29-94: Approve Resolution No. 29-64 authorizing the purchase of certain real property by the City for the purpose of constructing SW 10th Avenue, and accepting the Contract for Sale and Purchase; with funding from General Con- struction Fund - SW 10th Avenue (Account No. 334-3162-531-61.89). The caption of Resolution 29-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH PROPERTY IS LOCATED EAST OF WALLACE DRIVE, SOUTH OF S.W. 10TH STREET, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 29-94 is on file in the offi- cial Resolution Book). 8,B. RIGHT-OF-WAY DEED/$.W, 10TH AVENUE; Accept a right- of-way warranty need and construction agreement from Cheryl A. Carley for a portion of the proposed right-of-way for S.W. 10th Avenue, for the purchase amount of $4,000. 8.C. RESOLUTION NO. 26-94/ABANDONMENT OF PUBLIC RIGHT-OF- WAY/ONNEN SUBDIVISION: Approve a resolution to abandon a portion of an alleyway within Block 85, Onnen Subdivision. The caption of Resolution 26-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PART OF THE ALLEY RIGHT-OF-WAY IN BLOCK 84, TOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUN- TY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution 26-94 is on file in the official Resolution Book). 8.D, FINAL PLAT/ONNEN SUBDIVISION: Approve final plat for the Onnen Subdivision, located on the east side of N.E. 2nd Avenue, between Atlantic Avenue and N.E. 1st Street, pursuant to Florida Statutes Chapter 177 and LDR Section 2.4.5{J), Major Subdivisions. -4- 3/22/94 8,E. FEE WAIVER/COMMUNITY REDEVELOPMENT AGENCY: Approve a waiver of fees in the amount of $567.96 for the tree trimming along South Swinton Avenue for the historic house moving project. 8..F. APPROPRIATION OF FUNDS/POLICE DEPARTMENT COMMUNICATIONS CENTER; Approve the appropriation of 852,000.00 from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90) for imDrovements in the Communications Center (flooring, consoles, wiring). 8.G. RENTAL POLICY/PRIVATE USE OF PAVILIONS AT VETERANS AND ATLANTIC DUNES PARKS: Approve rental of pavilions at Veterans and Atlantic Dunes Parks for private functions. 8,H, SERVICE AUTHORIZATION NO. 4/FINAL PAYMENT/DIGBY BRIDG- ES. MARSH & ASSOCIATES: Approve final payment in the amount of 89,600 to Digby Bridges, Marsh & Associates for construction management services in conjunction with Tennis Center Phase II, with funding from the General Construction Fund, Tennis Center (Account No. 334-4145-572-63.42). 8.I MODIFICATION NO. 4 OF CONTRACT/VULCAN PEROXIDATIQN SYSTEMS, INC.; Approve extension of contract with Vulcan Peroxidation Systems, Inc. through September 30, 1994. 8.J. CITY ATTORNEY EMPLOYEE RECOMMENDATIONS: Approve con- tinuation of the services of Brian Shutt at the completion of his Externship Program in April 1994, and a salary increase for Assistant City Attorney, David Tolces. 8.K. THIS ITEM WAS REMOVED FROM THE AGENDA AND POSTPONED TO A LATER DATE. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - Police Uniform Contract - to Lou's Gun Shop and Police Supply, Inc. in the estimated annual amount of $22,573.75, with funding from the Uniform Funds of Administration (001-2111-521-52.22), Investi- gation (001-2115-521-52.22), Patrol (001-2117-521-52.22), and Community Policing (001-2119-521-52.22). 2. Bid Award - street reconstruction and utility improvements in the amount of $1,025,935.00 to Molloy Brothers, Inc., with $456,290.61 for paving and drain- age from Decade of Excellence (Account No. 228-3162-541-61.19), $311,350.00 for water from Water Distribution Improvements (Account No. 442-5178-536-61.78), and 8226,650.00 for sewer from Manhole Rehabilitation and Replacement (Account No. 442-5178-536-61.84). 3. Bid Award - to supply the chemical Poly Phosphate, -5- 3122194 which is used to reduce corrosion in water distribution systems, in the amount of $57,792, to Technical Prod- ucts Corporation, with funding from water Treatment - Chemicals (Account No. 441-5122-536-52.21). 4. Bid Award - construction of 2 raw water wells and raw water main along the south boundary of the Munici- pal Golf Course, and cleaning of the existing raw water main from the 20 series wellfield to the Water Treat- ment Plant, in the amount of $884,500 which represents the base bid less deduct alternative No. 3 which sub- stitutes cement lined ductile iron pipe for the raw water main in lieu of the epoxy lined pipe specified in the base bid, to Florida Design Irrigation, Inc., with fundlng from the 1993 WatEr and SEwEr REvEnuE Bond (Account No. 440-5179-536-63.52). 8,M, APPOINTMENT OF OUTSIDE COUNSELI Approve appointment of Jeffrey Kurtz as outside counsel to represent the City in Grabow versus the City of Delray Beach - Appeal. Mr. Randolph moved approval of the Consent Agenda as amended, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9. ~eqular Agenda: 9,A. REVIEW OF APPEALABLE LAND DEVELQPMENT AQTION$ OF VARI- OUS BOARDS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Historio Pres- ervation Board during the period March 7 to March 18, 1994. Dr. Alperin moved to receive and file the report, 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.B. CONDITIONAL USE EXTENSION/NEW JERUSALEM CHURCH OF GOD ~ Consider a request for an extension of a Conditional Use for the New Jerusalem Church of God in Christ located at the S.E. corner of Roosevelt and Lake Ida Roads. Diane Dominguez, Planning Director, stated that the City Commission approved the conditional use approval at its meeting of October 13, 1992 and that this approval will expire unless the request for an extension is approved. She pointed out that the church is unable to start construction due to a lack of funds and are in the process of selling some property which they own =lu~wh~r~. ~taff r~comm=n~u granting th~ ~t~n~ion r~qu~t for eighteen months subject to the original conditions of approv- al which relate to the requirement to submit for site plan ap- -6- 3/22/94 proval and the planting of trees and hedges along the southeast portion of the property. Mr. Ellingsworth moved approval of the request for an extension of a Conditional Use Approval subject to the conditions as outlined in the Planning and Zoning Department Staff Report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Mr. Randolph - Yes; Mr. Ellingsworth - ¥~; Dr. A1D~rin - ¥~; Mayor Lynoh - Y~. gaid motion pa~ed - with a 5 to 0 vote. 9.,C, RESOLUTION NO. ~7-94; Consider Resolution No. 27-94 authorizing the issuance of bonds not to exceed $8,500,000. RESOLUTION NO. 27-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 98-21, AS AMENDED AND SUPPLE- MENTED, FOR THE PURPOSE OF AUTHORIZING THE ISSUANCE OF THE SECOND SERIES BONDS UNDER SUCH RESOLUTION OF NOT EXCEEDING IN INITIAL AGGREGATE AMOUNT OF $8,500,000 UTILITIES TAX REVENUE REFUNDING AND IMPROVEMENT BONDS~ SERIES 1994, OF THE CITY OF DELRAY BEACH, FLORIDA, TO REFUND ALL OR A PORTION OF THE CITY'S OUTSTANDING UTILITIES TAX REVENUE NOTES, SUBORDINATE SERIES 1992 AND SUBORDI- NATE SERIES 1993, AND TO FINANCE ALL OR A PORTION OF THE COST OF ACQUIRING, CONSTRUCT- ING AND EQUIPPING OF A MUNICIPAL GOLF COURSE CLUBHOUSE, PERMANENT SEATING FOR THE DELRAY BEACH TENNIS STADIUM AND SUCH OTHER CAPITAL PROJECTS THAT MAY BE PERMITTED HEREUNDER, AND ALL COSTS RELATING OR INCIDENTAL THERETO; PROVIDING FOR THE TERMS FOR SAID BONDS, PROVIDING FOR THE RIGHTS, SECURITY AND REME- DIES OF THE OWNERS THEREOF; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION TMERE- WITH; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH AND PROVIDING AN EFFEC- TIVE DATE. Dr. Alperin moved for the adoption of Resolution No. 27-94, seconded by Mrs. Smith. Upon roll call the Commission voted a~ follow~: Dr. Alperin - Ye~; Mr. Elling~worth - Y~; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 - 0 vote. 9.D. BOND COUNSEL/FINANCIAL ADVISOR/UNDERWRITERS: Consider appointing Mudge, Rose, Guthrie, Alexander & Ferdon as bond counsel; Public Financial Management as financial advisor; Smith Barney, Shearson, Stifel, Nicolous & Co., Inc. and William R. -7- 3/22/94 Hough & Co. as underwriters, relative to 1994 Utility Tax Revenue Refunding and Improvement Bonds. The City Attorney recommended that the bond counsel language be modified to state that the City would be appointing Steve Sanford of Mudge, Rose, Gut~rie, Alexander & Ferdon as bond counsel for as long as Mr. Sanford is still with that firm and thereafter, with his association with the law firm of Greenberg and Traurig. Dr. Alperin suggested that the City consider retaining the same underwriters for a determined amount of time. The City Attorney responded that the City does not have ouch an agreement at thc 9rc~nt time but f~lt legally it would be permissible. She recommended, however, that certain clauses should be included in the contract. Dr. Alperin requested that such an agreement be checked by staff and recommended an extension of term with the team of Smith Barney, Shearson and Stifel, Nicolaus and Company, Inc. as underwriters. Dr. Alperin moved approval of the appointment of Mr. Steve Sanford as Bond Counsel, through his association with the firm of Mudge, Rose, Guthrie, Alexander & Ferdon for as long as he is with that firm and thereafter through his association with the law firm of Greenberg and Traurig; Public Financial Manage- ment, Inc. as Financial Advisor; and the team of Smith Barney, Shearson and Stifel, Nicolaus and Company, Inc. as Underwriter, relative to the 1994 Utility Tax Revenue Refunding and Improve- ment Bonds, 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,E. RELEASE OF LIEN/PASCO BAKER PROPERTY, 308 NW 1ST STREET: Consider request for release of demolition lien in the amount of $2,190.00 on property at 308 NW 1st Street. The City Manager noted that the total amount of the lien was $2,409.00 and recommended the waiver of the administra- tive fee of $219.00; however, the lien in the amount of 82,190.00 is to remain. Mr. Randolph reminded the Commission that there was a fire on this property approximately one year ago. He pointed out that the owner is indigent and is presently in a nursing home with expenses far beyond his means. He emphasized that Mr. Baker has been a strong advocate of the city and felt it would be something of an injustice for the lien to stand. Mayor Lynch suggested the possibility of the City purchasing the property and giving it to Habitat for Humanity. -8- 3/22/94 Discussion followed on how to ensure that any proceeds from the sale of the property would go to those most deserving of the benefit. At this point, Mr. Alfred (Zack) Straghn informed the Commission that Mr. Baker had passed away over the weekend and that his sister is heir to the property. On further discussion, it was the consensus of the Commission to direct the City Attorney's office to pursue negoti- ations as discussed and that the item be postponed until the issue is resolved. 9.F. CHANGE ORDER NO, 4/HARRY PEppER & ASSOCIATES. INC.: Consider Change Order No. 4 in the net amount of $0.00 for mis- cellaneous revisions to Lift Station %1, as part of the In-Line Master Pump Station and Transmission System Improvements Project. Mr. Ellingsworth moved approval of Change Order No. 4 with Harry Pepper & Associates, Inc., 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. ~ CHANGE ORDER NO. 7 AND BUDGET TRANSFER/CHAZ EOUIPMENT COMPANY, INC.: Consider Change Or, er No. 7 in the net a~ amount of $64,562 and an additional 30 calendar days for the Roadway Reconstruction Plan and SE 5th Street, for construction of sewer and water lines and for revisions to the paving design for Lewis Cove, to Chaz Equipment Company, Inc. The City Manager stated that the Lift Station on Lewis Cove needs to replaced. After reviewing plans, staff discovered that this lift station could be eliminated and a gravity sewer could be installed instead. He explained that the $64,562 is for the gravity sewer; thus avoiding much higher expenses to replace the lift station and the perpetual maintenance costs. Dr. Alperin moved approval of Change Order No. 7 and Budget Transfer with Chaz Equipment Company, Inc., and an addi- tional 30 calendar days, 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. 9,H. CHANGE ORDER NO. i AND BUDGET TRANSFER/GIANNETTI CON- TRACTING CORPQRATIQN: Consider Change Order No. ! in the net add amount of $52,931.00 and an additional 14 calendar days to con- tract with Giannetti Contracting Corporation for the addition of storm drainage within the Gulfstream Estates subdivision to Giannetti Contracting Corporation. Funding source is Stormwater Utility Fund Improvements - Lake Heights/Gulfstream subdivisions (Account No. 448-5411-538-63.33), pending budget transfers from -9- 3/22/94 four Stormwater Utility Funds: $28,200 from Professional Engi- neering Services 448-5411-538-31.30, $3,388 from Other Contractu- al 0~rvl~ 4~0-D411-~0-34,~0, 0,343 from N,~, Dralnag~ Project 448-5411-538-62.11, and $15,000 from Improvements Other 448-5411-538-63.90. Mr. Greenwood stated that this change order is neces- sary in order to provide storm drainage in conjunction with water and sewer service to the enclaves. Drainage costs were not included in the original scope of work. A resurvey of the par- ticular area indicated the necessity of storm drainage. Mr. Randolph moved approval of Change No. 1 and Budget Transfer with Giannetti Contracting Company, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.I. THIS ITEM WAS REMOVED PRIOR TO PUBLICATION, 9.J. REQUEST FOR SUPPORT/FLORIDA TRUST FOR HISTORIC PRESER- VATIONI Request for financial support in the amount of $1,000 for the four day preservation forum to be held in Palm Beach County May 19-22, with funding from Other Grants and Aids (Ac- count No. 001-6311-572-83.01) pending approval of budget trans- fer. The City Manager stated that the annual meeting of the Florida Trust in Palm Beach County will be held May 19 through May 22. There will be a luncheon and a tour of the Cit~, focus- ing on Old School Square. There are a number of local governments in Palm Beach County that are sponsors and they are asking for the City of Delray Beach to also sponsor this conference with a $1,000 contribution. He noted that sufficient funds are avail- able to make this donation. Mrs. Smith moved for approval for financial support in the amount of $1,000.00, seconded by Dr. Alperin. Upon roll call th~ G~mmi~sion vo~ ~ foll~w~ Mr. Ellin~w~r~h - Y~; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE CODE ENFORCEMENT BO%RD: Appoint a member to the Code Enforcement Board - Architect, Seat %1 - to a term ending January 14, 1995. Mayor Lynch stated that Susan Gracey, member of the Code Enforcement Board, has resigned and expressed appreciation for her service to the City. Mrs. Smith asked for a delay as she was not prepared to appoint an individual to the Board at this time. -10- 3/22/94 Mr. Ellingsworth moved to postpone the appointment to the Code Enforcement Board - Arohitect, Seat #1, to the Regular Meeting of April 12, 1994, 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. 9.L. ~ESOLUTION NO. 30-94 RATIFYING REAPPOINTMENT OF AFFORD- ABLE MOUSING ADVISORY COMMITTEE MEMBERS: Consider ratifying the reappointment of Affordable Housing Advisory Committee Members to two year, staggered terms. Alison MacGregor .Harry, City Clerk, stated that it was her understanding that the~Affordable Housing A~visor¥ Committee has had several workshops; however, they have not as yet started their formal meetings. She noted that all the members of the Committee have expressed a desire to continue their service. Mayor Lynch requested an attendance record be provided by staff for the Commission's review. M~. Elling~wo~th moved fo~ the adoption of Re~olution No. 30-94 subject to a satisfactory review of attendance records, with the understanding that this item could be brought back for consideration should any committee member have a questionable attendance record, seconded.by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9,M, DRIVEWAY APRON RECONSTRUCTION/AMERICAN LIGHTING, INC.: Consider approval of driveway apron reconstruction on North Swinton Avenue to American Lighting, Inc. in the estimated amount of $18j000. The City Manager reported that the middle section of Swinton Avenue (from the area of north of North 4th Street to South 2nd) is funded by the Community Development Block Grant; and, that these funds will also be used for reconstruction work to be done further south on Swinton Avenue. He noted that the area north of 4th Street is outside the target area and funding is not available for this area. Although there are some driveway aprons that need to be reconstructed, the City Manager felt it would be desirable to include them for the overall aesthetics of the project. Staff has found that sixteen aprons definitely need to be reconstructed at the approximate cost of $12,000, and an additional six driveway apron reconstructions would be desirable. He noted there is $12,000 which is available and could come up with an additional $6,000; thus the item is before the Commission for consideration. Mrs. Smith moved for approval of the driveway apron reconstruction on North Swinton Avenue to American Lighting, Inc. in the estimated amount of $18,000 up to N.W. 22nd Street, sec- -11- 3/22/94 onded by Mr. Ellingsworth. UDon roll call the Commission voted as follows: MrS. Smith - Yes; Dr. Alpe~in - Yes; Mr. Ellingsworth - - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.N. ~URCHASE AND CONSTRUCTION AGREEMENT/SW 10TH AVENUE RIGMT-OF-WAY: Approve a Purchase and Construction Agreement with David and Felice Ledbetter for S.W. 10th Avenue right-of-way, in the amount of $51,093.76. David Tolces, Assistant City Attorney, reported that as part of an agreement the City will conduct a boundary survey in order to plat the land as one parcel. Dr. Alperin moved approval of the Purchase and Con- struction Agreement with David and Felice Ledbetter for S.W. 10th Avenue right-of-way, in the amount of $51,093.76, 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. Mayor Lynch complimented Mr. Tolces on his work with the residents in accomplishing this matter in an expeditious man- ner. 9.0. APPROVAL/ALLOCATION OF FUNDING FOR PATROL OVERTIME FOR WEST ATLANTIC AVENUE WALKING BEAT: Consider approving the alloca- tion of $150,000.00 to Patrol overtime to fund a walking beat on West Atlantic Avenue. The City Manager stated that this issue was discussed at the Commission's last meeting and noted that the Police De- partment has been wanting to accomplish this for a long time. He emphasized that the community would like to see this implemented and to see progress on West Atlantic Avenue. The proposal is for two police officers to be placed on the Walking Beat for seven- teen hours a day, for seven days a week. There would be one day O£ overlap where there will be £our o££icers on West Atlantic Avenue at one time. This requires a total of eight officers, three of which could be supplied at the present time from current resources. Additional funding is requested for the remaining five. Officers assigned to the Walking Beat will be directly asmi~ne~ to it; however, the Domition~ from which they will be pulled will be filled through overtime. He recommended a trans- fer of $150,000.00 to the Police Department's overtime budget. The cost of the West Atlantic Avenue walking beat is $129,600.00. It was noted that funding will be from monies achieved from settlement of the Police and Fire pension accounts. It ~a~ notod by tho City Managor that tho Walking Doa~ will begin April llth and will continue through the month of September. This will offer several months of experience before the adoption of next year's budget. -12- 3/22/94 Mr. Ellingsworth moved for approval of the allocation of 8150,000.00 to Patrol overtime to fund a walking beat on West Atlantic Avenue, seconded by Mrs. Smith. 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. Prior to roll call, the City Manager noted that there is one Police officer position which has been frozen, and in discussion with the Police Chief, the position could be released which would result in the use of less money from the overtime fund. At this point, the time being 7:00 p.m., the Commissi6n moved to the duly advertised Public Hearings portion of the Agenda. 10, Public Hearings: 10.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 six acre City park. The City Manager presented Ordinance 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 LIMITS OF SAID CITY; SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD, SOUTM OF LINTON BOULEVARD IMMEDIATELY WEST OF FOXE CHASE SUBDIVISION; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS (COMMUNITY FACILI- TIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance 6-94 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. -13- 3/22/94 Mr. Ellingsworth moved for adoption of Ordinance No. 6-94 on Second and FINAL Reading, 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. 10,B. ORDINANQE NQ, 7-941 An ordinance annexing to the City a parcel of land located on the west side of North Federal High- way aDDroximately 240 feet north of N.E. 14th Street; affixing an official land use designation of GC (General Commercial); and -- establishing initial zoning of GC (General Commercial) District. The City Manager presented Ordinance No. 7-94. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY APPROXIMATELY 240 FEET NORTH OF N.E. 14TH STREET, AND BEING 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; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSEt AND AN EFFECTIVE DATE. (Copy of Ordinance No. 7-94 is on file in the official Ordinance Book) With respect to the annexation of the North Federal Highway enclaves, the City Attorney advised that annexation agreements have been reached with some of the affected property owners. Where applicable, these agreements will be noted and acted upon as separate items. Ms. Ruby also noted that there is a proposal from the attorney representing some of the affected property owners to modify the effective date language contained in certain of the ordinances. The modified language affords the City necessary protection to proceed with the annexations under certain circumstances and is acceptable from a legal standpoint. At this point, the City Manager reported that the Board of County Commissioners took final action earlier today and unanimously approved the interlocal agreement through which the city is able to annex these enclaves under the ELMS Act. -14- 3/22/94 With respect to Ordinance No. 7-94, the City Attorney advised that there is no associated annexation agreement nor is there any change in the effective date language. 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 Rearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 7-94 on Second and FINAL Reading, 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. 10.C. ORDINANCE NO. 8-94: An ordinance annexing to the City a parcel of land located at 2300 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. The City Manager presented Ordinance No. 8-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2300 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO CC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 8-94 is on file in the official Ordinance Book) Thc Gity Attorney read thc caption of thc 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. Speaking were the following: David Tolces, Assistant City Attorney, who presented an overview of the provisions of the annexation agreement between J. and Lucille Compagno, owners of the affected property, and the city. -15- 3/22/94 Mr. Greg Kino, Attorney reDresenting several of the North Federal Highway enclave property owners, commented that initially communication from the city to the property owners was poor with respect to the impending annexations, noting that his clients were not aware this was to take place until they were notified by a member of the press. They did not receive any written notification until such time that one of the proDerty owners had contacted County Commissioner Mary McCarty for assis- tance. He emphasized, however, that during the past several months the City has made a good faith effort to resolve some of the issues with these property owners. For the purpose of clarification, the City Attorney stated that it is her understanding that the dual effective date was for the following ordinances: Ordinance Nos. 8-94, 9-94, 11-94, 12-94, 16-94 and 18-94. The City Attorney requested that Mr. Kino submit his request in writing. The public hearing was closed. Dr. Alperin moved for adoption of Ordinance No. 8-94 on Second and FINAL Reading, subject to including the amended effec- tive date language, 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 Dassed with a 5 to 0 vote. Dr. Alperin moved for approval of the Annexation Agree- ment with J. and Lucille Compagno for the property annexed pursu- ant to Ordinance 8-94, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10,D. ORDINANCE NO. 9-94: An ordinance annexing to the City a parcel of land located at 2300 North Old Dixie Highway; affix- ing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) Dis- triet. The City Manager presented Ordinance No. 9-94. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2300 NORTH OLD DIXIE HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PBOVIDING FOB THE BIOHT~ AND OBLIOATION~ OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- -16- 3/22/94 HENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 9-94 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. The City Attorney stated that there is an amended effective date and an attendant agreement affixed to this annexa- tion ordinance. Mr. Tolces noted that the property is owned by Donald R. Altmix which contains a single family home which is a noncon- forming use in the General Commercial District. The owner has acknowledged this fact as part of this agreement. The City is agreeing to permit that nonconforming use pursuant to the Land Development Regulations as part of his compliance with the City's landscape regulations. The property owner has 180 days to clean up and maintain the single family structure, remove debris and outsi~e storage material. Dr. Alperin moved for adoption of Ordinance No. 9-94 on Second and FINAL Reading, subject to the amended effective date language, 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 - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved for the approval of the annexation agreement with Mr. Altmix for property annexed pursuant to Ordi- nance 9-94, 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. 10,E, ORDINANCE NO. 10-94: An ordinance annexing to the City a parcel of land located at 2512 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establighin~ initial zonin~ of GC (General Commercial) Digtrict. The City Manager presented Ordinance No. 10-94. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND -17- 3/22/94 LOCATED AT 2512 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 10-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. She noted that there will be no change to the effective date, nor is there an agreement associated with this annexation. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 10-94 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. 10.F. ~RDINANCE NO. 11-9~I An ordinance annexing to the City a pa=oel of lana looate~ at 2612 North ~e~e=al Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of AC (Automotive Commercial) Dis- trict. The City Manager presented Ordinance No. 11-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2612 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND~ ELECTING TO -18- 3/22/94 PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of D~lray B~a0h, Florida. The City Attorney noted that there is an amended effec- tive date and an annexation agreement associated with this ordi- nance. Mr. Tolces stated that the property is owned by T.M. and Juliette M. Schwerin. At the present time the property has the following uses: used car sales and repair operations, sales of trucks, recreational vehicles, mobile homes and storage of inventory to commercial office buildings. He explained that the existing mobile homes sales and residential uses will become nonconforming uses upon annexation ana will only be allowed to expand pursuant to the City's nonconforming use regulations. The other uses will be allowed to remain as permitted uses without further approval from the City. It was noted that the owners will have to remove the excess signage which is attached to a fence. Also, they are to remove and discontinue all advertise- ments in order to comply with the City's regulations. Pursuant to the accompanying agreement, the property owner has to comply with the City's landscape Code. One of the conditions required by the City is that the provision of a 10' landscape buffer along the Federal Highway frontage as well as the Dixie Highway frontage. Mr. Tolces pointed out that the property owner has a two year timeframe to install the landscape buffer as part of this agreement. Also, associated with this agreement is an amended effective date. Mr. Schwerin stated that he is willing to work with the City relative to the landscape buffer but there are still some outstanding issues that need to be resolved. The public hearing was closed. Mr. Ellingsworth moved adoption of Ordinance No. 11-94 on Second and FINAL Reading subject to the amended effective date, ~econded by Mr. Randolph. Upon roll call the Commiu~ion 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. Mr. Ellingsworth moved approval of the annexation agreement with T.M. and Juliette Schwerin for property annexed -19- 3/22/94 pursuant to Ordinance 11-94 subject to the condition that the landscape buffer along the Dixie Highway right-of-way be resolved seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 12-94: An ordinance annexin~ to the City a parcel of land located at 2613 North Federal Highway; affixing - an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. The City Manager presented OrdinanCe No. 12-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2613 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN ~FF~CTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. The City Attorney pointed out that there is an accompa- nying agreement and an amended effective date associated with the annexation. Mr. Tolces stated that the agreement is with Richard C. and Dorothy M. CataDane, owners of the property. The present uses on the property include retail use, antique sales and there is an accessory single family residence and noted that these are permitted uses. The property owners indicated that they have temporary flea market venders who use the property on the week- ends and they have requested that they be allowed to continue this particular use, which is pending approval by the Director of Community Improvement. -20- 3/22/94 Discussion ensued relative to the amount of outdoor venders allowed in case the flea market ceases to exist. Dr. Alperin moved adoption of Ordinance No. 12-94 on Second and FINAL Reading, subject to an amended effective date, ~¢Qn~ by Mr. Ellin~wQr~h. Upon r~ll o~ll %h~ Q~mmi~iQn voted as follows: Mr. Randolph - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. For clarification purposes, Mr. Tolces stated that the Planning Director had just informed him that this particular property is zoned GC which allows~the use of outdoor venders as an nonconforming use and not a permitted use. He recommended that the language in the agreement be amended to state that the current uses which exist on the property can continue to operate at the current density and intensity which presently exists on the DroDerty. It was noted that the amended language will be prepared by the City Attorney's Office. 10,H, ORDINANCE NO. 15-94: An ordinance annexing to the City a parcel of land located at 2605 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. The City Manager presented Ordinance No. 13-94. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2605 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -21- 3/22/94 It was pointed out by the City Attorney that there is no agreement nor amended effective date accompanying Ordinance No. 13-94. Mr. Randolph moved for adoption of Ordinancs No. 13-94 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.I. ANNEXATION AGREEMENT/O'BRIEN, SUITER & O'BRIEN, INC,; Con~i~er approvln~ an Annexation and Development A~reement with O'Brien, Suiter & O'Brien, Inc. for property located at 2601 North Federal Highway. The City Attorney announced that Ordinance No. 14-94 will be considered prior to consideration of the Annexation Agreement. ORDINANCE NO. 14-94: An ordinance annexing to the City a parcel of land located at 2601 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. The City Manager presented Ordinance No. 14-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2601 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 14-94 is on file in the official Ordinanc~ 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. -22- 3/22/94 Dr. A1perln move~ a~op~on o£ Ordinance No. 14-94 on Second and FINAL Reading, 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. There being no discussion regarding the issue of the annexation agreement, Mr. Ellingsworth moved for approval of the annexation agreement and development agreement with O'Brien, Suiter & O'Brien, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Dr. Alperin - Yes; Mayor Lynch - Y~0, 5aid motion pa~d with a 5 to 0 vote. 10.J. ORDINANCE NO. 15-94; An ordinance annexing to the City a parcel of land located at 2401 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. It was noted by the City Attorney that there is no agreement accompanying Ordinance No. 15-94. The City Manager presented Ordinance No. 15-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2401 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; R~D~FININ~ TXE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND; ELECTING TO PKOCEED UNDEK TME ~INGLE MEAKING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 15-94 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 lawz of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. -23- 3/22/94 It was noted by the City Attorney that there is no agreement nor amended effective date associated with Ordinance No. 15-94. Mr. Randolph moved adoption of Ordinancm No. 15-94 on Second and FINAL 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. 10.K. QRDINANCE NO. 16-94: An ordinance annexing to the City a parcel of land located at 2399 North Federal Highway; affixing an o££i¢ial lana use aeslgnaelon o£ ~C (~n~ral ~ommerclal); an& establishing initial zoning of GC (General Commercial) District. The City Manager presented Ordinance No. 16-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2399 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 16-94 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 Flo=ida and the Ch&=ter of the City of Delray Beach, Florida. The public hearing was closed. It was noted by the City Attorney that there is an agreement and an amended effective date accompanying Ordinance No. 16-94. Mr. TolceS stated that the agreement is with Mary F. Menchel, owner of the property. The uses which currently exists on the property consists of retail merchant use, an antique shop and some weekend venders. He recommended that the language in the agreement be amended to state that the current uses which -24- 3/22/94 exist on the property can continue to operate at the current density and intensity which presently exists on the property. The property owner has a twelve month timeframe in which to comply with the City's landscape code to provide a 5' landscape buffer along the perimeter of her property which is adjacent to Federal Highway. Mrs. Menchel will be submitting a landscaping plan to provide for shade trees on the south and north ends. ~t was noted by Mr. Tolces that the accompanying agree- ment will be amended and returned to the Commission for consider- ation. Mr. Ellingsworth moved adoption of Ordinance No. 16-94 on Second and FINAL Reading, subject to an amended effective date, 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 - Yes. Said motion passed with a 5 to 0 vote. 10,L. ORDINANCE NO. 17-94: An ordinance annexing to the City a parcel of land located at 2213 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. The City Manager presented Ordinance No. 17-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2213 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 17-94 is on file in the official Ordinanoe 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. -25- 3/22/94 It was pointed out by the City Attorney that there is no agreement nor amended effective date accompanying Ordinance No. 17-94. Dr. Alperin moved adoption of Ordinance No. 17-94 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. Said motion passed with a 5 to 0 vote. 10.Mi ORDINANCE NO. 1~-9~' An srdlnan£e annexing to the Cl~y a parcel of land located at 2101 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. The City Manager presented Ordinance No. 18-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT 2101 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EPPECTIVE DATE. (Copy of Ordinance No. 18-94 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. It was noted by the City Attorney that there is an accompanying agreement and an amended effective date for Ordi- nano~ 1§-94. Mr. Tolces stated that the property is owned by Cary T. and Elaine M. Carr, together with J.Y. and Marilynn B. Carr. As part of this agreement the City will permit the current uses which consist of antique and retail sells. A residential struc- ture and a commercial parking operation would be allowed to -26- 3/22/94 continue at the present location, with the present density and intensity which currently exists without further a~r~val fr~m the City. The owners have six months to comply with the City's sign code and will be lowering an existing flat wall sign to a level at or below the existing roof line. Also, they will remove some sidewalk signs, temporary signs which are not affixed to the ground and remove some other signs located on the excess signs which are located on the south and west sides of the building. I% was no%ed %ha% %here a~e no signifiean% ou%s%an~ing landscaping concerns other than providing sod and irrigation within the strip along the frontage of the property associated with this particular property. Ms. Marilyn Cart expressed her deep appreciation to City staff for their assistance and cooperation. The Public Hearing was closed. Mr. Randolph moved adoption of Ordinance No. 18-94 on Second and FINAL Reading, subject to an amended effective date, ~oon~ by Dr, Alp~rin, Upon roll ~11 th~ Gommi~ion vot~ ~0 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. Mr. Ellingsworth move4 approval of the annexation agreement with the Carrs for property annexed pursuant to Ordi- nance No. 18-94, 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. At this point Mayor Lynch commented although the City did not start off on the "right foot" during the early process by not acknowledging and contacting the residents whose properties were affected. He stated that staff recognized this fact, cor- rected it and went beyond the call of duty. Mayor Lynch thanked the affected residents and staff for their support and coopera- tion. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hp~rinqs. Il.A, City Manager's response to prior public comment~ a~d inquiries. The City Manager stated that approximately one month a group appeared before the Commission and requested the possibili- ty of paving the alleys which are parallel to Atlantic Avenue on the north side. A preliminary cost estimate for construction has been prepared for a cost of $25,000.00. He explained that the City is working on funding from this year's budget; however, if -27- 3/22/94 this is not feasible, the funds will come out of the Capital Im- provement Program's budget for next fiscal year. In response to a request for the need of a sidewalk on N. E. 3rd Street from Swinton Avenue, east to the shopping cen- ter, the City Manager noted that there is definitely a need for the sidewalk and that work is scheduled to be completed in ap- proximately sixty days (after landscaping installation is com- pleted on Swinton Avenue and Bankers Row reconstruction work is completed). The City Manager reported that property owner of a single family residence on N.W. 9th Street had been contacted relative to the selling of tee shirts supporting a construction of a tower and that this sales activity has since ceased. ll.B, From ~he Public, ll.B.1. Art Jackel, Chairman of the United Property Owners, stated that the U.P.O. feels stronger criminal laws are essen- tial, and with the assistance of the City Commission, the State Legislature is taking the necessary steps to stop "the revolving door policy" for criminals. Mr. Jackel suggested that it is necessary that the school system within the City be improved and hoped that the City would relay this message to the School Board. The U.P.O. offers their £ull support in trying to expand activities £or the young people in the community and that the U.P.O and the City are working very hard to accomplish these goals. He pointed out that the beautification along Lake Ida Road is presently at a stand-still and suggested that improve- ments are needed at the entrance into the Isles of Delray and the commercial building located at 1000 Lake Ida Road. ll,B,2, Fr~dda W~inb~rq. 15234 Lakes of Delray Boulevard, stated that she does some tutoring at the Community Learning Center which is located at the Police Department's substation in Atlantic ~arden~ and ~mpha~i~d that it i~ n~c~ary that activi- ties be expanded. She voiced her disappointment in the lack of cooperation from the South Technical Center and the Police De- partment as she felt her work through the Private Industry Coun- cil was not appreciated. She stated that she had received some backing from ICE magazine for computer training and suggested that someone from the City contact her in regard to advertising so that her work can continue. The City Manager stated that he would have someone contact Ms. Weinberg to discuss the situation. ~ Mary Randolph. 105 N.W. llth Avenue, urged residents who live in the east and west portions of the City to join to- gether to help combat crime in the community instead of voicing -28- 3/22/94 their differences. She suggested that a special day be declared by the City for assisting the young people in the City with their problems. ll,B.4, BrQ~her Jeromme stated that the community is very proud that D~lra¥ B~aeh had r~c~lv~d tho honor ac an All-Am~rlca Cl~y. _ He emphasized that it is very important for all residents of the City to come together in order to resolve problems. ll.B.5. ~loria Burkett, expressed concern regarding the loss of the AMTRAK station which used to be located on Depot Avenue. She stated that it is very inconvenient to have to travel either south to Deerfield Beach or north to West Palm Beach for train service. Ms. Burkett noted that the City of Boca Raton is trying to locate its Tri-Rail station at the location of the new 1-95 interchange and su~estea Delray Beach should contact the City of Boca Raton and perhaps work with them and AMTRAK on the possibil- ity of a new location at the new 1-95 exit to Congress Avenue. Ms. Burkett expressed her willingness to assist in this effort and asked that she be contacted at 2740 S.W. 22nd Avenue, %1608, Delray Beach, phone: 272-5807. 11,B.6, Robert Burns, 2578 Lake Ida Road, wanted the Commission to be aware that after attending the City Commission meeting last week he had been followed by a Police officer for several blocks. He noted that he considered this action as Police harassment. He further stated that he felt certain members of the Commission had been disrespectful toward a member of the PEACE organization who had a~esse~ the Commission at the last meeting. Mr. Burns asked if the Police still occupied the sub- station located on S.W. 12th Avenue. He commented that he passes the area frequently and has observed individuals selling crack cocaine right down the street. He state~ that when the substa- tion first opened there was a lot of Police activity; however, there seems to be fewer officers than there have been in the past. Mr. Burns suggested that the Police Department increase their surveillance of criminal activity in this area. ll,B.7, Jean Beer, 945 Tropic Boulevard, expressed concern that during a Planning and Zoning Board meeting held last week she was surprised to learn that it would be approximately five years before the roads would be improved. She pointed out that these are dirt roads and vehicles traveling on them create a great amount of dirt and dust. Ms. Beer requested that some type of action be taken to alleviate this situation, and suggested that shellrock be installed as an interim measure until the road improvements are made in conjunction with the installation of water and sewer lines. -29- 3/22/94 ~ Kevln Ballard stated that he was representing a ~roup of young Black males under the age of twenty-five who are here tonight because they would like to be aware of what is taking place within the City. He commented that upon entering the Chambers tonight, the group could not help but notice the look of anxiety on the faces of those individuals who wondered why they were attending the Commission meeting. He suggested that the City consider having educational seminars with emphasis on spe- cial skills as he felt this could help young Black males to stay out of trouble. He commented that individuals hang-out along the beach area and emphasized that this could not be possible in the west side of town without being arrested. He then made an emo- tional plea to the Commission to be more sensitive to the resi- dents of the City's Blaok community. ll.B.9, Leroy Geathers, 1401S.W. 4th Street, expressed concern about the condition of the sidewalks in the Carver Park Subdivid- ision and for the safety of children playing in the area. The sidewalks are presently being repaired with barricades outlying the broken areas of concrete. He requested that the City have someone check the situation in order to avoid potential acci- dents. 11,B.10, John McClam, 5376 Pinetree Drive, and member of PEACE, urged the Commission to take the opportunity to try to work out something with these young a~ults who are crying out for help. He emphasized that there will be twice the number of young people on the streets during the summer when school is not in session and perhaps trouble could be averted if Mr. Ballard's plea is taken seriously. 12. First Readings. - NONE FRQM THE COMMISSION 1~, Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Ellingsworth referred to Ms. Beer's comments re- garding the condition of the roads and schedule for improvements in the Silver Terrace area and agreed that the Commission should review this situation as soon as possible. ~ Mrs. Smith referred to the newspaper advertisement re0ently Dublilhea by DELPAC and the Chamber of Commerce in recognition of the 123 individuals who volunteer their time on City boards. She expressed appreciation to those individuals who dedicate their time and commitment for the City. She reminded the Commission Members about the dedica- tion of two additional Habitat for Humanity homes this Saturday, March 26th, and =nuouragcd attendance, Mrs. Smith agreed that the condition of the roads in the Silver Terrace area should be reviewed and action taken as -30- 3/22/94 soon as possible. Mrs. Smith also suggested that the educational seminars suggestion for young adults should be checked into by staff prior to the summer months. 13.A.3. Mayor Lynch stated that Mt. Olive Baptist and Cason United Methodist churches will be holding a gun buy-back program on April 30th. He pointed out that this is the same week that a nationwide program is being designated toward crime prevention and suggested that the City should become involved in this very important matter. Me asked the City Manager to look into the coordination of the march which is planned for April 24, 1994. He congratulated City staff on receiving the Palm Beach County's Project of the Year award for work on the Decade of Excellence Project. Mayor Lynch asked if the following items could be checked,by staff which were brought up by the Lake Ida Neighbor- hood Association: 1) the issue of substandard lots which was discussed at a recent Commission meeting; and, 2) the issue of vehicles parked on landscaped areas in the Lake Ida section. In response to the issue of substandard lots, the City Manager stated that the City Commission had directed Planning and Zoning to review this issue. The City Manager reported that the ordinances which were drafted by the Neighborhood Task Team have been reviewed by the City Attorney's Office. These ordinances have been returned to the Task Team for review and will appear before the Commission at a future meeting. The problem regarding vehicles parking on landscaped areas will be investigated by staff. Mayor Lynch noted that the State of Florida has $11 million dollars for drug prevention programs and that Doug Ran- dolph, Grant Administrator, is working on an application for grant monies. He commented that if the City is successful in receiving a grant, then perhaps this could be applied toward the educational seminars as suggested earlier this evening. 13,B, The City Attorney provided the Commission with an update on the Community Based Prosecution program and noted that six geographic districts have been. set up. Initially the program applies to felonies and will later be extended to misdemeanor cases; however, there are on-going meetings between various groups and will be presented to the judges by the end of April. The City Attorney stated that she had been asked by the Broward County General Counsel's Office to act as a hearing officer for site specific rezonings and asked for approval from the Commission for her participation. The Commission granted her request and felt that her participation would be advantageous. -31- 3/22/94 There being no further business, Mayor Lynch declared the meeting adjourned at 8:40 P.M. City ~erk -' - y ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of March 22, 1994, which minu~s were formally approved and adopted by the City Commission J-City Q~rk' ' 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. -32- 3/22/94