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03-08-94 ~RCH 8. 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 8, 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 William Reese, Lakeview Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Ellingsworth moved approval of the agenda as presented, 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. 5. Approval of Minutes: Mr. Ellingsworth moved approval of the minutes of the regular meeting of February 22, 1994, 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. Before roll call, Mayor Lynch stated he would like to clarify that the meeting of the School Board and the joint groups (referred to on Page 7 of the minutes of February 22, 1994) is to be held at the office of the School Board and not in Delray Beach. 6. Proclamations: 6.A. Save Your Vision Week - March 6 to March 12, 1994. Mayor Lynch read and presented a proclamation proclaim- .ing the week of March 6 through 12, 1994, as "SAVE YOUR VISION WEEK". Dr. Lyons came forward to accept the proclamation. 6,B. Character Counts Coalition Mayor Lynch read the proclamation commending the Char- acter Counts Coalition on its goal and encouraged all persons to model its traits and work together to promote character develop- ment in today's young people. 7, Presentations: 7,A. Digby Bridges, Marsh & Associates - Presentation on the final preliminary design of the Golf Course Clubhouse. Digby Bridges, Architect, presented an overview of the site plan and floor plan layout of the proposed Golf Course Clubhouse. Mr. Randolph questioned if the windows are to be shut- tered~for hurricane protection. Mr. Bridges responded they haue provided rollup shutters for the pro shop only but, with the style of window and the small panes used in the clubhouse, he does not feel shutters are necessary. Mayor Lynch advised that the philosophy now is to shutter and he feels it should be built into the plan; however, based on the numbers, it does not look good. Mr. Bridges advised that Brahm Dubin, Director of the Golf Course, tells him he is currently in the process of obtaining accordion shutters. Mayor Lynch expressed concern with staff parking from a safety point with carts crossing in the area and the possible liability involved. Mr. Randolph requested that the plans be displayed at the current clubhouse so the public has an opportunity to view them. Dr. Alperin stated he feels this is a tremendous im- provement over the former plan that was proposed. Mayor Lynch asked Mr. Bridges to explain the 5% contin- gency. MrJ Bridges responded that the contingency is mainly a cushion for~.leeway; the cost could go down by 5% or it could increase by 5% between now and the time the project is refined. Mayor Lynch commented that he was under the assumption that the $2,000,0000 was the final figure and voiced his concern with the 82,265,000. The City Manager explained that the $2,000,000 was without site work. He further commented that these are not detailed material takeoffs and a much more refined estimate will be submitted before the project goes forward. 2 3/08/94 With regard to the time frame of the project, the City Manager stated that the Architects advised if the City goes with the time frame of the middle of February, 1995, it will cost the City a 10% premium. The idea of bidding it both ways (with the two time frames) was discussed to see what the bids will look like. Mayor Lynch stated he feels that, if this clubhouse is still being built in the height of the tourist season, the City will lose revenue because the golf course is going to be inundat- ed with trucks and construction activity. The City Manager commented that Mr. Dubin feels it should not affect the operation of the golf course. Discussion followed regarding the bidding process, qualifications and pre-qualification. The Commissioners concurred in the overall design of the clubhouse. 7.B. RESOLUTION NO. 24-94; A resolution recognizing and commending David J. Kovacs. ~.The~City_Manager.presented Resolution No. 24-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DAVID J. KOVACS FOR OVER SIX YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 24-94 is on file in the offi- cial Resolution Book) Mayor Lynch read Resolution No. 24-94 in its entirety. Dr. Alperin moved for the adoption of Resolution No. 24-94, seconded by Mr. Ellingsworth. 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. Mr. Kovacs came forward and accepted the Resolution, thanking the Commission for their commendation. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. Public Hearings: 10.A. RESOLUTION NO. 19-94: A resolution adopting the Affordable Housing Incentive Plan as submitted by the Affordable Housing Advisory Committee and as required under Ordinance No. 2-93, pursuant to Florida Statute 420.9076(6) governing the State Housing Initiative (SHIP) Program. Prior to consideration of -3- 3/08/94 passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 19-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AN AFFORDABLE HOUSING INCENTIVE PLAN PURSUANT TO THE P~OVISIONS OF THE STATE HOUSING INITIA- TIVES PARTNERSHIP PROGRAM (SHIP), FLORIDA STATE STATUTES CHAPTER 420.9076; PROVIDING FOR SPECIFIC INITIATIVES TO ENCOURAGE OR FACILITATE AFFORDABLE HOUSING AND A SCHEDULE FOR IMPLEMENTATION, AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYO~ AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE AGENCY, PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 19-94 is on file in the offi- cial Resolution Book) A public hearing was held having been legally adver- tised in compliance with the laws of the.State of Florida and the Charter of the City of Delray Beach, Florida. Fred Griffin, Chairman of the Affordable Housing Com- mission, stated he is present to answer any questions. The public hearing was closed. Mr. Randolph moved for the adoption of Resolution No. 19-94, 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. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following PubliQ H~ring~, ll,A, City Manager's response to prior public comments and inquiries. · The City Manager stated that he met with George Brewer, .the owner, of~ the tower structure being built at 204 N.W. 9th Street, who was unwilling to make any large changes in the struc- ture. Mr. Brewer pointed out that it could easily be made an integral part of the house, in which case it would fully comply with the zoning code. The matter will be addressed further by the Planning and Zoning Board with regard to any appropriate changes in the zoning code to deal with similar situations in the future and whether the 35 foot height limit is appropriate for single family zones. It is the owner's feeling that, upon com- -4- 3/08/94 pletion of the project with landscaping in place, the impact will be much less pronounced. At the ~Planning and Zoning Board meeting of February 28th, they agreed to include a section on their agendas allowing a period for public comment starting with their March 21st meet- ing. The City Manager stated one complete median was re- planted on West Atlantic Avenue between 1-95 and Swinton Avenue and there was quite a bit of work done prior to the tennis tour- nament. The contractor will also be reminded of the need to pay closer attention to the cleaning of shrub trimmings when working around the medians. In response to a concern regarding traffic hazards at the intersection of N.E. 3rd Street and Swinton Avenue, the City Manager advised that Palm Beach County Traffic Engineering De- partment has been asked to conduct a signal-warrant study. The accidents in that block were reviewed over the last three (3) years and it was learned that there have been sixteen (16) acci- dents, four (4) of which involved injuries. Based on that infor- · mation, he feels the~ County Engineering Department will not feel that a traffic signal is warranted. As to the suggestion to improve the landscaping at the Public Utilities facility on Lake Ida Road and the block where the City Attorney's office is located, the City Manager advised that the water storage tank in front of the building (on the Lake Ida facility) has been demolished and there will be foundation plantings installed within the next 60 days. The City Attorney's block has improvements budgeted in this year's budget. The plans were reviewed and approved by the Site Plan Review and Appearance Board on February 23rd. The plans include complete perimeter buffers and reconfiguring the parking area, as well as setting the fence back on N.W. 1st Avenue to create a park-like atmo- sphere on the existing green space. ll.B, From the Public. ll.B.1, Vi Hinchliffe, resident, expressed concern with regard to safety at Veterans Park and the number of young children that play there.~ She~feels the area. used for parking~is being used by the~ public~.~as a through street and requested that a speed limit sign be posted. Another area of concern she has is at N.E. 3rd Street from Swinton Avenue to the Publix Shopping Center. There is no place for pedestrians to walk except in the street and she feels there is a need for a sidewalk. ll.B,2. Mary E. Randolph, 105 N.W. llth Avenue, commented that Afro-Americans of this community are hurting people with crime on nearly every street; crime that the entire community has allowed -5- 3/08/94 to occur. Loud, sick. music that permeates throughout, infiltrat- ing young minds is allowed to make the lives of senior citizens miserable.. In addition, there are crack houses~encouraging con- stant vehicUlar, 'cycle and foot traffic that makes it necessary to keep a constant vigil. Atlantic Avenue is littered with trash, papers, bottles, etc., in certain communities. It is her feeling that the members of PEACE can make a difference; however, reasonable people who have the authority and the will to develop workable strategies, or at least to show a willingness and a concern are needed. She questioned if a Police Chief or any City official should be tolerated, who is selective about who he wants to meet with. She knows that the City can be healed and the members of PEACE can be instrumental in this healing and making this truly an All America City. They look forward to hearing from the officials of the City soon. 11,3, Charles Ridley, Executive Director of MAD DADS, stated he would like to express some concerns of their organization. One of the issues is corporal punishment, which is not sanctioned by MAD DADS. He feels there are many members of MAD DADS who have learned some valuable lessons and have the expertise to ....encourage the youth of today. Mr. Ridley shared some of the MAD DADS programs, .explaining how they worked, including Street Patrol, Teen Socials (held each Saturday) and a mentor program which is to be on line in May of this year. Mr. Ridley further added that MAD DADS are people of sober thought and will not disappoint the confidence that the public has expressed in them. He would like everyone to realize that the issues they address are the very issues that may save all children's lives. Over the weekend there was an incident where three young men were involved in a violent act. One of those young men died as a result. MAD DADS would like to make sure that every business in the neighborhood is doing everything in its power to ensure that the establishment is safe. 11.4. Clay Wideman, businessman on West Atlantic Avenue, stated he is extremely concerned about the type of action that occurred last Saturday night on the Avenue. The people in that area have worked together very hard over the past three or four years to bring this community together and bring it to where it is today. He is committed,.as.an individual, to make a differ- ence, so that will not happen again. He'feels that the type. of establishment, or entertainment, where this incident occurred is not ~needed by his people.~ Tomorrow morning, the Delray Merchants Association will be addressing this issue with law enforcement.~ The loitering must be stopped along the walkways. He requested that action be stepped up along West Atlantic Avenue. 11,5. JoAnn Peart, N.W. 9th Street, questioned if it is permissible to sell new merchandise from residential yards on weekends, such as in garage sales. 6 3/08/94 Ms. Peart also advised that the Lake Ida Property Owners Association Board members voted at the last meeting to set aside money to hire an attorney to ask informative questions about the tower project at 204 N.W. 9th Street, new construction projects on sub-standard sized lots and any information that can be learned to prevent these types of projects. She reviewed the City Ordinance and feels there may be some misunderstanding regarding interpretation with regard to the "stability in neigh- borhoods, protecting against intrusive structures" She ques- tioned if the City would consider speaking with George Brewer, the owner of the tower project, and asking him to add to his landscape plans in order to provide a landscape buffer for the house located to the east of his property. ~1.6. J~rry Marshall, Woodlake, commented that he has spent the last couple of years tutoring kids, since being a member of the Education Board. Volunteers are needed desperately to go into the schools and work with the students. Anyone who has an extra hour, on a consistent basis, will realize a deep personal satisfaction from helping these children. 11,7, Alfred Straghn, 26 S.W. 5th Avenue, stated he was very disturbed when he heard that a City Official failed to meet with one of its citizens and he is present tonight to express his disappointment. Perhaps if that meeting would have taken place~a young man would be living today. He feels that any City official or City Manager has the obligation to stop and listen to an individual who has something of a positive nature to offer that might help to uplift the community and put a stop to some of the sores. 11.8~ Arthur Jackel, Chairman United Property Owners Associa- tion, thanked the Commissioners who attended the UPO neighborhood function last week. Mr. Jackel expressed pleasure with the resolving of some of the problems between the Commission and the CRA and noted there will be a meeting of the minds in the future to try a little harder for the benefit of everyone in the City. He com- mended the Commission for their action. Mr. Jackel also commended the Commission for arranging .a meeting between the Commission and the School Board for March ~i23rd. He~'expects big things to come out of that meeting.as issues- to be dealt with inclUde communication, community programs and many other things that will help the City. Eventually, he feels this will help to reduce juvenile crime. Mr. Jackel continued by stating the UPO members are all residents of the City of Delray Beach and were instrumental, along with others, in getting the State Legislature to move forward regarding crime throughout the State which they are working on now in Tallahassee. Big things are expected that will affect all lives for the better. The UPO has always been a -7- 3/08/94 staunch supporter of Chief Overman because they feel he is acting on behalf of everyone; if it is felt this is incorrect, he feels the Commission Chambers is the place to address grievances, not to an individual on staff. He believes the Commission will listen to everyone and do what is right for all the citizens. This Commission, together with the County Commissioners and the State Legislature, will resolve the problems of crime together. 12. First Readings: The City Attorney advised that, with one exception, the annexation ordinances before the Commission for First Reading this evening have annexation and development agreements attached to them and which are incorporated into the respective ordinances. Apparently there may be changes to these agreements and it is not known at this time whether they will be substantive changes. In view of this, she recommended postponing First Readings until the March 22nd meeting and have the Second and FINAL Reading on April 12 in order to get the agreements in final form. A second approach would be to read the captions tonight deleting all reference to those agreements and have Second and FINAL. Reading ~on March ~22nd as planned, ~having ~separate agree- ments .approved~in separate action as they become finalized. Dr. Alperin moved to postpone First Reading until the March 22, 1994, regular meeting, seconded by Mrs. Smith. Mayor Lynch questioned the recommendation, noting that the Legislature is now considering legislation which could affect the City's ability to bring these properties into the city if we were to delay. He suggested proceeding with First Reading and making any necessary adjustments at Second and FINAL Reading. The City Manager advised that he agrees with the City Attorney as to the timing of reading the ordinances and reference to the agreement should be taken out. The property owners have just received these agreements and have not had an opportunity to fully analyze them. Changes may need to be made, so he would not want to tie the agreements down at this point. Mayor Lynch suggested the First Reading be allowed, with the understanding that the property owners will be given ample.time to discuss the agreements and Second and FINAL Reading .~.can always~be postponed, if necessary. A. great deal of time has .been expended on these annexations, this particular issue is being misconstrued in the Legislature and he would not like to see the City hurt by this action. Upon question by Mrs. Smith, the City Attorney stated that the captions of the ordinances will not be affected. Howev- er, Ordinance Nos. 8-94 through 18-94 will be modified by delet- ing the third "Whereas" clause and a reference in Section 3 concerning the annexation agreements. Ordinance No. 7-94 will -8- 3/08/94 not be affected since it contains no reference to an annexation agreement. Dr. Alperin withdrew his motion and Mrs. Smith withdrew her second. 12,A, ORDINANCE NO, 7-94: An ordinance annexing to the City a parcel of land located on the west side of North Federal High- way approximately 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. If passed, public hearing March 22, 1994. 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 CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch stated even though this is not a Public Hearing, he will allow comments from the floor from the affected property owners only. Mr. Randolph moved for the adoption of Ordinance No. 7-94 on First Reading, seconded bylMr. 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. 12.B. 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. If passed, public hearing March 22, 1994. -9- 3/08/94 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; 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. Marilyn Carr, who stated she is the spokesperson for nine of the property owners on North Federal Highway. She objected to the late receipt of her agreement at 9:00 a.m. this morning and feels the communication with the City has been grossly inadequate. The City Manager advised that staff has committed to Commissioner McCarty and the property owners to make time during the next two weeks to review these agreements and to meet and hold discussions. Dr. Alperin moved for the adoption of Ordinance No. 8-94 on First Reading, subject to deleting reference to an annex- ation agreement, 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. 12.~, OR'DINANCE 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- trict. If passed, public hearing March 22, 1994. 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 -10- 3/08/94 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 DELP~AY 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. Mrs. Smith moved for the adoption of Ordinance No. 9-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Mr. Ellingsworth. Upon roll call the Commission voted.as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12,D. 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 establishing initial zoning of GC (General Commercial) District. If passed, public hearing March 22, 1994. 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 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. The City Attorney read the caption of the ordinance. -11- 3/08/94 Mr. Randolph moved for the adoption of Ordinance No. 10-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 11-94: An ordinance annexing to the City a parcel of land located at 2612 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of AC (Automotive Commercial) Dis- trict. If passed, public hearing March 22, 1994. 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 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. Mayor Lynch left the Commission Chambers at this time and Vice-Mayor Ellingsworth took the Chair. Dr. Alperin moved for the adoption of Ordinance No. · 11-94 ~ on First Reading, subject to deleting reference to an annexation~agreement, seconded by Mr. Randolph. Upon roll call .the Commission voted as follows: Mr. Randolph -Yes; Mrs. Smith - Yes; Dr2 ~Alperin - Yes; Vice-Mayor Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12,F, ORDINANCE NO. 12-94: An ordinance annexing 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. If passed, public hearing March 22, 1994. The City Manager presented Ordinance No. 12-94: -12- 3/08/94 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 EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Richard Catapane, 2613 North Federal Highway, thanked the Commission and staff for their work, but feels that two weeks is just not enough time to review and discuss these agreements.' Mr. Randolph questioned if all of these annexation ordinances must be adopted and agreed upon in the same time frame. The City Attorney responded that it is not absolutely necessary to enter into the agreements. However, there is a considerable amount of advertising by the City and, should Second and FINAL Reading be postponed, it should be postponed to a date certain. Dr. Alperin moved for the adoption of Ordinance No. 12-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 12.G, ORDINANCE NO, 13-94: 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. If passed, public hearing March 22, 1994. 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, -13- 3/08/94 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. Dr. Alperin moved for the adoption of Ordinance No. 13-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth ·- Yes; Mr. Randolph - Yes; ·Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 12.H. 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. If passed, public hearing March 22, 1994. 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. The City Attorney read the caption of the ordinance. -14- 3/08/94 Dr, Alperin moved for the adoption of Ordinance No. 14-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Vice-Mayor Ellingsworth- Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 12,I. 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. If passed, public hearing March 22, 1994. 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 PARTRICULARLY 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. Mr. Randolph moved for the adoption of Ordinance No. 15-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Vice-Mayor. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.J. ORDINANCE N0, 16-94: An ordinance annexing to the City a parcel of land located at 2399 North Federal Highway; affixing an official land use designation of GC (General Commercial); and establishing initial zoning of GC (General Commercial) District. If passed, public hearing March 22, 1994. The City Manager presented Ordinance No. 16-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO -15- 3/05/94 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. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 16-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperini - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 12.K, ORDINANCE N0. 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. If passed, public hearing March 22, 1994. 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. -16- 3/08/94 The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 17-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 12.L, ORDINANCE NO. 18-94: An ordinance annexing to the City 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. If passed, public hearing March 22, 1994. 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- i~ 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. Ms. Marilynn Carr stated for the record her feeling that her property is not contiguous to the City of Delray Beach, but to the~ Town of Gulfstream and the County line on the south side of her~iproperty, and that it does not satisfy the definition of an enclave. Mr. Randolph moved for the adoption of Ordinance No. 18-94 on First Reading, subject to deleting reference to an annexation agreement, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. At this time the Commission returned to the Consent Agenda. -17- 3/08/94 Mayor Lynch returned to. the Commission Chambers at this time and took the Chair. Mr. Randolph moved to amend the Agenda by removing Item No. 8.I. (Budget Transfer/Pompey Park Landscaping) from the Consent Agenda and placing in on the Regular Agenda as Item 9.AA., 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. Dr. Alperin moved to approve the Agenda, as amended, 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. The following items were considered by the Commission as the Consent Agenda: 8, Consent Agenda: City Manager recommends approval. 8.A, POSITION.LETTER/PRESUMPTIQN QF JQB RELATED DISABILITy~ The Florida League of Cities requests that members oppose pro- posed legislation wherein the Fire unions are seeking to add AIDS, HIV, ARC, Hepatitis, Tuberculosis and Meningitis to the list of conditions that would automatically be treated as job related. 8,B. EASEMENT DEED/DECARIE SUBDIVISION; Accept an Easement Deed for a parcel of land within the Decarie Subdivision, to install a sanitary sewer line. RESOLUTION NO. 17-94; Adopt a resolution authorizing the Community Redevelopment Agency to acquire 4 lots in Block 60, along North Swinton Avenue. The caption of Resolution No. 17-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER 'DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 17-94 is on file in the offi- cial Resolution Book) 8.D, RESOLUTION NO. 20-94: Adopt a resolution assessing costs for abatement action required to remove nuisances on 12 properties located within the City. -18- 3/08/94 The caption of Resolution No. 20-94 is as follows: .A RESOLUTION OF~ THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 20-94 is on file in the offi- cial Resolution Book) 8,E. .RESOLUTION NO., $1-94~ Adopt a resolution assessing costs for abatement action required to remove~nuisances on i~i3 properties located within the City. The caption of Resolution No. 21-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR. UNPAID ASSESSMENTS. (Copy of Resolution No. 21-94 is on file in the offi- · cial Resolution Book) 8.F. RESOLUTION NO, 22-94: Adopt a resolution approving abandonment of a portion of Strickland Road, a portion of S.W. 8th Avenue, and the entirety of S.W. 12th Street for The Groves of Delray. The caption of Resolution No. 22-94 is as follows: -19- 3/08/94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PART OF THE RIGHT-OF-WAY FOR STRICKLAND ROAD, AND S.W. 12TH STREET, AS SHOWN ON THE PLAT OF STRICKLAND SUBDIVISION, AS RECORDED IN PLAT BOOK 23, PAGE 173 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND THAT PART OF THE RIGHT-OF-WAY FOR S.W. 8TH AVENUE AND DOUGLASS AVENUE AS SHOWN ON THE PLAT OF PLAT 2 OF 2, SOUTHRIDGE, AS RECORDED IN PLAT BOOK 13, PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 22-94 is on file in the offi- cial Resolution Book) 8~G. RESOLUTION NO. 23-94: Adopt a resolution approving abandonment of 1 public utility easement and 2 Limited Access Easements (LAE) within The Groves of Delray, pursuant to LDR Section 2.4.6(P), Abandonment of Public Easements. The caption of Resolution~No. 23-94 is as follows: ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN (10) FOOT WIDE UTILITY EASEMENT LYING WITHIN TRACT B, AS SHOWN ON THE PLAT OF LINTON FOREST PLAT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 44, PAGES 177 AND 178 AND TWO FIVE (5) FOOT WIDE LIMITED ACCESS EASEMENT LYING TRACTS A, C, AND E AS SHOWN ON THE PLAT OF LINTON FOREST PLAT 1, ACCORDING TO THE PLAT THEREOF RECORD- ED IN PLAT BOOK 44, PAGES 177 AND 178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 23-94 is on file in the offi- cial Resolution Book) 8.H, FINAL PLAT/THE GROVES OF DELRAY~ Approve final plat for'The Groves of Delray, located at the southeast corner of S.W. llth Street· and S.W. 10th Avenue, extended between Linton Boule- vard and S~W. 10th Street. 8.I, T~I~ ITEM WAS MOVED TO THE REGULAR AGENDA. FINAL PAYMENT/DELRAY MARINE CONSTRUCTION COMPANY: Approve final payment in the amount of $592.50 to Delray Marine Construction Company for Lowson Boulevard headwall construction, with funding from Stormwater Utility Fund - Lowson Boulevard E-3 1/2 Canal (Account No. 448-5461-538-6221). -20- 3/08/94 8.K. FINAL PAYM~NT/CH2M HILL: Approve.final payment in the amount of $1,'853.89 to CH2M Hill for Wellfield Rehabilitation, .and Flowmeter and Monitor Well Installation, with funding from Water and Sewer Renewal and Replacement Well Rehabilitation Fund (Account No. 442-5178-536-6182). 8.L. FINAL pAYMENT/T & p ENTERPRISE$~ Approve final payment in the amount of $6,744.28 to T & P Enterprises for brick paver work at the Tennis Center - Phase II site, with funding from Decade of Excellence, Phase I Atlantic Avenue 1-95 to Swinton (Account No. 225-4141-572-6149) and General Construction Fund - Tennis Stadium Phase II (Account No. 334-4145-572-63.42). 8.M, FINAL PAYMENT/TROPIC AWNING~ Approve final payment in the amount of $6,200 to Tropical Awning for canopies erected at the Tennis Center - Phase II, with funding from General Construc- tion Fund, Tennis Center (Account No. 334-4145-572-63.42). ~,N, FINAL PAYMENT/DIGBY BRIDGES. MARSH & ~SSOCIATES: Approve final payment in the amount of $7,752 to Digby Bridges, Marsh & Associates, for construction administration services at the Tennis Center - Phase II, with funding from the General Con- struction Fund, Tennis Center (Account No. 334-4145-572-63.42).~~- CHANGE QRDER NO. 2 AND FINAL P~¥M~NT/BIG "D" PAVING COMPANY. INC,: Approve Change Order No. 2 in the amount of $3,205 and final payment (which includes Change Order) in the amount of $17,532 to Big "D" Paving Company, Inc., for work at the Tennis Center Phase II. Funding source is from General Construction Fund - Tennis Center Phase II (Account No. 334-4145-572-6342). 8.P, SERVICE AUTHORIZATION NO. 8/CURRIE SCHNEIDER ASSOCIATES AIA~ Approve a service authorization an amount not to exceed $6,500 to the contract with Currie Schneider Associates, for con- sulting services associated with Veterans Park Phase II. 8,Q. APPOINTMENT OF QUT$IDE COUNSEL; Approve appointment of Jeffrey Kurtz as outside counsel to represent the City in Ray Ellison vs. Chris Ellison, Roy Badour, Auto Save, Inc., and the City of Delray Beach. 8,R. GRANTAPPLICATION/EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND: Authorize application to the Florida Department of Community Affairs under Chapter 9G-19, Florida Administrative Code for a grant from the Emergency Management Preparedness and Assistance Trust Fund; 850,000 non-matching grant to purchase and install communications equipment in the Emergency Operations Center located in the Fire Department Head- quarters facility. 8,$, REQUEST FOR SPECIAL EVENT PERMIT; Approve a special -21- 3/08/94 event permit~for Atlantic High School's "Project Graduation" to hold a carnival in the northeast corner of Builder's Square ' parking lot at 1400 Waterford Place, from April 6-10, 1994. 8.T. LICENSE AGREEMENT/A.L. ROARK: Approve a License Agreement for use of software for alarm retransmission. ~,U, AWARD OF BIDS AND ~0NTRA~T$1 1. Cars and Trucks, Via Florida State Contract. 2. Bid Award - Annual Contract - Submersible Wastewater Pumps - Hydro Pumps, Inc., in the low bid amount of $20,237.70. Funding source Water & Sewer Liftstation Maintenance (Account No. 441-5144-536-52.20). Mr. Randolph moved approval of the Consent Agenda, as amended, seconded by 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. ~. 9. Regular Agenda: 9.A.A.(8.I.) BUDGET TRANSFER/POMPEY PARK LANDSCAPING: Approve budget transfer in the amount of $13,000 from Pompey Ballfield Lighting (Account No. 225-4172-572-61.66) to Pompey Park Land- scaping (Account No. 225-4172-572-61.76) Mr. Randolph explained that he wanted this item moved to get clarification on a couple of items he is concerned about. He stated that he was unable to find a budget balance if the $13,000 was transferred from the Pompey Park Ballfield Lighting to the Pompey Park Landscaping. He also questioned if further lighting requirements are slated for the park. It is his under- standing that the tennis courts recently refurbished are not adequately lighted for night play. The City Manager responded that he does not have the answer as to the budget balance, but the ballfield lighting is completed and the balance is in excess of $13,000. Mayor Lynch asked if other funds are available, upon the completion of the required landscaping, should the tennis courts need additional lighting to make them playable. The City Manager stated the other source that the Finance Director had talked about comes from money that is set aside for arbitrage and there is more funding available than will be needed. Mr. Ellingsworth moved approval of the budget transfer, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - -22- 3/08/94 Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9,A, REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Histor- ic Preservation Board during the period February 21, to March 4, 1994. Dr. Alperin moved to receive and file the report, 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. Before roll call, Dr. Alperin pointed out that he hopes staff is successful in finding a location for this mural so a grant is not lost in addition to a valuable artistic opportunity to involve the community in the project. 9,B, CONDITIONAL USE REOUEST/MORSE OPEBATIONS. INC.: Consider a conditional use request to establish a commercial parking lot at the northwest corner of South Federal Highway and Avenue F (Fladell's Way), for Morse Operations, Inc. .~ Diane Dominquez, Principal Planner, gave a brief de- scription of the property and its uses. Morse Operations, Inc. wants to establish a commercial parking lot on this site which will be used for storage of their vehicles from various dealer- ships. The Planning and Zoning Board voted in favor of the conditional use request with a vote of 6-0, subject to the condi- tion that the bullpen parking configuration be permitted only until September 6, 1994, by which time all improvements associat- ed with Phase II would have to be installed. Dr. Alperin questioned if there are assigned areas that are identified for public parking when visiting a dealership and has that been taken into consideration with this parking lot design. Ms. Dominguez responded when plans are submitted for the dealership and the square footage is noted, the exact determina- tion for required parking will be decided on. For the first six months there will be bullpen parking with landscaping on the perimeter and after that the parking must be installed with interior landscaping, islands and medians. Mr. Ellingsworth moved approval of the Conditional Use Request/Morse Operations, Inc., subject to the conditions and findings of the Planning and Zoning Board, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,C, RESOLUTION NO, 25-947 Consider a resolution requesting -23- 3/08/94 the Florida Department of Transportation to approve City's re- .quest~to place "No U Turn" signs at median cuts and intersections and to prohibit parking in areas in front of vacant lots on West Atlantic Avenue between 4th Avenue and I95. The City Manager presented Resolution No. 25-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO APPROVE CITY REQUESTS TO PROHIBIT PARKING IN AREAS IN FRONT OF VACANT LOTS ON THE NORTH AND SOUTH SIDES OF ATLANTIC AVENUE (SR 806) BETWEEN N.W./S,W, 4TH AVENUE AND N.W./S.W. 12TH AVENUE, AND TO PLACE "NO-U-TURN" SIGNS AT ALL MEDIAN CUTS AND INTERSECTIONS ON ATLANTIC AVENUE (SR 806) BETWEEN N.W./S.W. 4TH AVENUE AND N.W./S.W. 12TH AVENUE. (Copy of Resolution No. 25-94 is on file in the offi- cial Resolution Book) The City Manager stated this comes from the. Police Department and the Delray Merchants Association. They are con- cerned about pedestrian safety, traffic safety and cruising ~in the area. Mr. Randolph commented that he can sympathize with the problem they are facing but, if this is approved to the median cuts and the intersections on Atlantic Avenue and 4th to 12th Avenues, both north and south, a problem will be created for citizens that must cut through some streets because of the diffi- culty in getting onto Atlantic Avenue where there is no traffic signal. Mr. Randolph stated there is a need for top of the line Police enforcement in that area. He noted that there seems to be a fear by a small amount of people on that strip and he does not know why. He related an incident that occurred near his home on Sunday, at which time he called the Police and waited 40 minutes for a patrolman to arrive. He then proceeded to handle it on his own and the problem was soon corrected. When citizens want to meet with Chief Overman and they are denied, there is something wrong with the system. Discussion followed. Dr. Alperin moved for the adoption of Resolution No. 25-94, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 9.D. CHANGE ORDER NO. 3/HARRY PEPPER & ASSOCIATES, IN¢,; Consider Change Order No. 3 in the net add amount of $7,310.88 and a ten day time extension to Harry Pepper & Associates, Inc., for Master Pump Station and Transmission System Improvements, -24- 3/08/94 with funding from Capital Outlay Sewer Mains (Account No. 441-5161- 536-63.51. Dr. Alperin moved approval of Change Order No. 3 with Harry Pepper & Associates, Inc., 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,E, SETTLEMENT OFFER/NIXON JACOUET AND JEAN GARCON vs. CITY QF DELRAY BEACH; Consider settlement offer as mediated, in the amount of $8,750.00 to each Plaintiff. Dr. Alperin moved approval of settlement offer to Nixon Jacquet and Jean Garcon, 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~F, RESOLUTION NO. 18-94/GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT; Consider ~esolution No. 18-94 au- thorizing staff ~'to .submit a grant application to the Florida Inland Navigation~District (FIND) for funding in the amount 'of $204,450 or 50% of the total cost of 8408,900, for a seawall reconstruction project involving nine city owned seawalls. The caption of Resolution No. 18-94 is as follows: A ~ESOLUTION FOR ASSISTANCE UNDE~ THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSIS- TANCE PROGRAM. (Copy of Resolution No. 18-94 is on file in the offi- cial Resolution Book) Mr. Ellingsworth moved for the adoption of Resolution No. 18-94, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 13. comments and Inquiries Qn NQn-Ag~nd~ I~ms. i$.A.1. Mayor Lynch stated he believes the community is sup- iportive of doing something different with regard to the crime and drug abuse issue. The City had a Drug Task Force that was to have addressed this same issue. Dr. Alperin interjected that the Drug Task Force is trying to look at the problems. The biggest problem is that the City is a small speck in the massive problem, so they have decid- ed to concentrate only on those changes that can be made locally. -25- 3/08/94 Mayor Lynch stated that the City Manager, three gentle- men from Mt. Olive Baptist Church, a couple of people from the Police Department, Chief Overman, Lt. Lunsford and Bill Plum of Carney Bank met this morning. The Mt. Olive Baptist Church affiliates have started a program of trying to proceed with the gun buyback, which City officials have supported. They would like to have a program in Delray Beach where all organizations would be called together, schedule a march down Atlantic Avenue on April 24th to let those people, who are the element of con- cern, see that Delray is fed up with crime and the problems that accompany it. April 25th is the beginning of National Non-Vio- lence Week, to talk about the problems of kids, guns and drugs and continuing for the entire week. Every day there will be a special program on TV on a National basis, ending on Saturday and Sunday with religious-type programs in an attempt to eliminate the violence in all communities. It was agreed that the follow- ing Saturday, April 30th, would be a good day to conduct a major gun buyback to start the program, for which $1500 has been donat- ed. This would be a joint effort with several churches taking part. Mr. Randolph stated that the guys on the street are not going to show up at Mt. Olive or anywhere else and sell their guns; they are going to keep them and that is the tragedy of the issue. He feels all these ideas are good, but they do not re- place sheer pressure. The only way it is going to be resolved is to get tough and let people know that Delray is not the place to play around with drugs and guns. Dr. Alperin commented that the massive problem the Drug Task Force talked about is that the biggest leadership in the community where the drug problems are is the church. The church spends its time talking to the wrong people. The MAD DADS go out on the street and face the problems. The army of drug dealers far outnumbers the Police Department. Hiring more policeman is not going to solve the problem. The "me" generation has been around for so long that "we" has been forgotten. The people, block by block, need to believe in themselves once again and take back their neighborhoods. Mr. Randolph stated that he does not feel MAD DADS is the answer; they are not a part of the solution where he is concerned because there is a far greater element out there that is uncontrollable. In his opinion, the only way an effort can be made is to'get tough. There is a County Sheriff's Department that can back the City and he feels it is going to be necessary to call them before too long. Mrs. Smith commented that she feels the people who do attend church are the strong people and if more of those people started working together in their neighborhoods and took a stand to let the element know that this is not going to be tolerated, the churches can do a lot more than what they are now doing. -26- 3/08/94 Mayor Lynch suggested that the Commission sit down and discuss this entire issue and the "get tough" aspect. He recommended this issue be placed on the March 15th workshop agenda. ll.A,2. Mr. Ellingsworth complimented staff on the Virginia Slims Tennis Tournament. He advised that the item on the grant for seating is on the County Commission Agenda for April 5th. ll.A.3. Mrs. Smith stated she was out of town during the tennis tournament, but heard many complimentary remarks. She hopes the City can now look forward to the possibility of doing something about the remainder of the year and promoting the use of the facility. Mayor Lynch responded that the City has been ap- proached by someone with a contract to look at promoting the stadium with a number of concerts per year and the contract is currently being drafted with this person. He feels if the perma- nent seating can be obtained, this will make a big difference. ll.A.4. Dr. Alperin stated he was extremely proud of the City during the Virginia Slims tournament, especially Thursday evening On the Avenue. He is still interested in pursuing professional management of the entire tennis complex, involving tennis, con- certs and any other appropriate uses. He would like to see the tennis complex as a separate profit-making enterprise. ll,A.5. Mayor Lynch complimented staff on another great year with the Virginia Slims and it is his understanding from the Historical Society, that their auction was also excellent. Mayor Lynch reiterated his previous announcement of the potential walk down Atlantic Avenue on April 24th and the week of April 25th through May 1st to get rid of violence and, finally, the gun buyback. Mayor Lynch advised that the CRA had sent a letter requesting a waiver of the $567 billed to them by the City as their share of the cost to cut the trees on Swinton Avenue in order to move the historic homes, and inquired if this had been addressed. The City Attorney recommended that it be placed on a future Consent Agenda for approval by the Commission. 13.B, The City Attorney had no comments or inquiries. 13.C. The City Manager reported that at the time Mr. Brooks had requested sidewalk repair in the Carver Park neighborhood, just over 500 feet of repairs had been completed and the City expects to complete the entire project by the end of March, 1994. There being no further business, Mayor Lynch declared the meeting adjourned at 9:15 P.M. -27- 3/08/94 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 8, 1994, which minutes were formally approved and adopted by the City Commission ! - citY'-c rk _r 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. -28- 3/08/94