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06-07-94 JUNE 7, 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 6:05 P.M., Tuesday, June 7, 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 - Assistant City Manager Robert Barcinski and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend David Cubbage, Cason Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Assistant City Manager Barcinski requested that Item No. 7.B. (Stadium Addition to Tennis Center) be removed from the agenda and rescheduled for the Workshop Meeting of June 14th. Mr. Ellingsworth moved approval of the agenda, as amended, 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. Dr. Alperin moved approval of the minutes of the Spe- cial Meeting of May 10, 1994 and the Regular Meeting of May 17, 1994, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Mayor Lynch presented a proclamation proclaiming the Week of June 5 through 11, 1994, as Safe Boating Week in the City of Delray Beach. 6.B. Mayor Lynch presented a proclamation proclaiming June 14, 1994 as National Flag Day. 7. Presentations: 7.A. Children's Home Society - Project Safe Place Barbara Shrewsbury, Director of Project Safe Place, recognized the City's participation through the help given by the Fire Departments, the Community Center, the Beach Patrol sites and other community sites which are used as Safe Place sites to get children off the streets. She presented a plaque to the City of Delray Beach in recognition and appreciation. 7.B. Stadium Addition to Tennis Center. THIS ITEM WAS REMOVED. 7.C. West Atlantic Beautification Nancy Davila announced that the presenters were given a starting time of 6:30 p.m. and they have not yet arrived. Mayor Lynch suggested the meeting proceed and the Commission will return to this item later in the evening. 8. Consent Agenda: City Manager recommends approval. The following items were considered by the Commission as the Consent Agenda: 8.A. RESOLUTION NO. 42-94: Approve a resolution assessing costs for abatement action required to demolish an unsafe struc- ture at 36 S.W. 6th Avenue. The caption of Resolution No. 42-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 42-94 is on file in the offi- cial Resolution Book) 8.B. RESOLUTION NO. 43-94: Approve a resolution assessing costs for abatement action required to remove nuisances on five properties throughout the City. 2 6/7/94 The caption of Resolution No. 43-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 43-94 is on file in the offi- cial Resolution Book) 8.C. RESOLUTION NO. 44-94: Approve a resolution assessing costs for abatement action required to remove nuisances on four properties throughout the City. The caption of Resolution No. 44-94 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. 44-94 is on file in the offi- cial Resolution Book) 8.D. FINAL PAYMENT/MICHAEL B. SCHORAH & ASSOCIATES, INC.: Approve final payment in the amount of $905.25 to Michael B. Schorah & Associates for pavement, water, sewer and drainage designs of the Roadway Reconstruction Plan, with funding from Water & Sewer Renewal & Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). -3- 617194 8.E. FINAL PAYMENT/PALM BEACH COUNTY: Approve final payment to Palm Beach County in the amount of $26,274.55 for the City's share of costs involved with construction of a potable water main on interconnect Linton Boulevard, west of Military Trail. Pay- ment is in accordance with an Interlocal Agreement between the City and the County, with funding from Water and Sewer Capital Outlay - Interconnect Boca/PBC (Account #441-5161-536-64.01). 8.F. ACCEPTANCE OF RIGHT-OF-WAY DEED AND TWO EASEMENT DEEDS/RABBIT HOLLOWE SUBDIVISION: Accept right-of-way deed and two (2) easement deeds associated with the Rabbit Hollowe Subdi- vision. 8.G. APPROVAL/ACCEPTANCE OF STREET MAINTENANCE AGREEMENT/ RABBIT HOLLOWE SUBDIVISION: Approve an Agreement with Rabbit Hollowe Homeowners' Association, Inc. to accept a private street within the subdivision (Rabbit Hollowe Circle) as a public street and assume the related maintenance responsibilities. 8.H. FINAL PAYMENT/OLYMPIC INDUSTRIES, INC.: Approve final payment in the amount of $407.15 and deduct Change Order No. 3 in the amount of $103.00 to Olympic Industries, Inc., for completion of the Public Works renovations, with funding from General Con- struction - City Garage Improvements (Account No. 334-3351- 591-60.69). 8.I. LANDSCAPE WAIVER/PROFESSIONAL INSULATORS, INC.: Approve a landscape waiver for Professional Insulators, Inc., to provide site upgrading and improvements to their property located on the east side of South Swinton Avenue 100' south of Southridge Road. 8.J. CONTRACT RENEWAL/SEA TURTLE CONSERVATION PROJECT: Approve contract renewal with Dr. John Fletemeyer to head the Sea Turtle Conservation Project for an additional four years. The total funding commitment for the additional four years is $39,376 ($9,844 annually) and is available from Beach Restoration/Sea Turtle Conservation (Account No. 332-2964-572-34.50). 8.K. RESOLUTION NO. 46-94; Authorization to apply for funding through Palm Beach County's State and County Roadway Beautification Grant Program for West Atlantic Avenue. The Caption of Resolution No. 46-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING THROUGH PALM BEACH COUNTY'S 1994/1995 STATE AND COUNTY ROADWAY BEAUTIFICATION GRANT PROGRAM. (Copy of Resolution No. 46-94 is on file in the offi- cial Resolution Book) 8.L. LAKEVIEW GOLF COURSE REZONING/POSTPONEMENT: Approve postponing City initiated rezoning to allow time for negotiation between the City and the property owners regarding the City's possible purchase of the golf course. 8.M. AUDITING SERVICES AGREEMENT RENEWAL/ERNST AND YOUNG: Consider renewal of three-year auditing services agreement with Ernst and Young for fiscal years ending September 30, 1995, 1996, and 1997. 8.N. ACCESS EASEMENT/SCHOOL SITE "S" PROPERTY: Grant 40 foot easement to the School Board for access to the School Site "S" property, through the park property which the City acquired from the Bloods. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Contract Award - Via Palm Beach County Contract, to Southeastern Municipal Supply for water meter boxes and lids, with an estimated annual cost of $12,984. Funding is available from Water & Sewer Renewal & Replacement - Water Meter Replacements (Account No. 442-5178-536-52.31). 2. Bid Award - Co-op Bid Road Construction Materials to Hardrives of Delray and to Ready Road Repair at an estimated annual cost of $39,365, with funding from Road Materials and Supplies/Repairs (Account No. 001-3113-541- 53.10) and from Road Materials and Supplies/Other (Account No. 001-3113-541-53.90). 3. Bid Award - Joint Bid with the City of Boca Raton - Co-op Bid - Emergency repairs to underground utilities including equipment rental and construc- tion crews, to Ric-Man International, Inc. d/b/a Pipeline Installers, Johnson- Davis, Inc., and Olympic Industries, Inc., with funding from Water & Sewer Operating Expense budget. 4. Contract Awards - CDBG Housing Rehabilitation Program - Three Grant Awards to low bidders South Florida Construction Services and Intercontinental Construction Corp., totaling $54,917, with funding from CDBG/Housing Rehabilitation (Account No. 118-1963-554-49.19). 5. Bid Award Emergency sewer repair and restoration at 929 Foxpointe Circle in the Hamlet in the amount of $15,000 to Chaz Equipment, with funding from Renewal and Replacement/ Manhole Rehabilita- tion (Account No. 442-5178-536-61.84). -5- 617194 6. Bid Award - Refurbishing Gymnasium Floor at Pompey Park - to Diversified Design Enterprises, Inc. in the amount of $16,500, with funding from Community Development Block Grant (Account No. 118-1962-554-60.20). Mr. Ellingsworth moved approval of the Consent Agenda as amended, seconded by Dr. Alperin. 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. Mayor Lynch commented that everyone received a copy of a letter from Karen Kiselewski and Brian Link in reference to the LakeView Golf Course ( Item 8.L.), a copy of which is included and becomes a permanent record of the minutes for this meeting. 9. Regular Agenda: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period May 16 to June 3, 1994. Dr. Alperin moved to receive and file this report, 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. 9.B. RESOLUTION NO. 45-94/MID-YEAR BUDGET AMENDMENT: A resolution amending Resolution No. 94-93 which made appropria- tions of sums of money for all necessary expenditures of the City for the Fiscal Year 1993-94, by setting forth the anticipated revenues for the operating funds of the City. The City Manager presented Resolution No. 45-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 94-93 WHICH MADE APPROPRIA- TIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1993-94, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1993-94; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. Mr. Randolph asked how the City stands with regard to finances at this point. Joe Safford, Finance Director, confirmed that the General Fund is in great shape. By viewing the detail that has been proposed, the revenue budget for the general fund -6- 61 194 will increase by $288,030; expenditures will decrease by $134,275, which means a year end projection of an additional $422,305 in contingency. That results in a net positive figure of $422,305. This is in addition to the $61,000 already planned to be put in. If this comes to fruition at the end of the year, and those contingency funds are not spent, the fund balance can be increased in the general fund by some $422,000. Dr. Alperin stated that the cemetery fund went up $23,000 plus. Mr. Safford responded, in all fairness, a part of that $23,000 is an $18,180 charge for connection fees for in- stalling a well to replace a manual well. Upon question by Dr. Alperin, Assistant City Manager Barcinski explained this was done to maintain a rust-free system to try and keep the stones and markers free and clear. Mr. Ellingsworth moved for the adoption of Resolution No. 45-94, seconded by Mr. Randolph. Upon roll call the Commis- sion 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.C. SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES, MARSH & ASSOCIATES: Consider Service Authorization No. 2 in the amount of $29,500 to the contract with Digby Bridges, Marsh & Associates for design changes to comply with the budget for the Golf Course Clubhouse project; with funding from Golf Course Clubhouse - Engineering & Architectural (Account No. 445-4763-572-31.30). Dr. Alperin stated that when he noticed that the figure was approaching $2.2 million and construction had not yet begun, he felt that the City was no longer getting what they originally thought they were getting. He feels the finished product is not the one the Commission had agreed upon. Mr. Randolph commented that, even though the amount of the fee has increased, the information provided by Digby Bridges, Marsh & Associates makes sense if reviewed. The Commission must decide exactly what they want, as he feels there is a definite need for a clubhouse. Mrs. Smith agreed with the need for such a facility and she is supporting the project. She feels there are a number of items that have surfaced that should have been detected or fore- seen, as opposed to having to redesign the facility at this late date. Mark Marsh, representing Digby Bridges, Marsh & Associ- ates, stated that portions of the facility have not been rede- signed; the only portion of the clubhouse that changed was the banquet facilities and a reduction in the pro shop area. All the working interiors of the building have been saved. The drainage factor that entered into the picture at a later date did pose a substantial increase. 7 6/7/94 Mr. Marsh explained that the original criteria of 15,000 square feet at a cost of $2 million that was to meet an original goal of 300 seats just could not happen because of all the unknowns that have arisen since then. In scaling down the square footage, a decrease in the seating capacity from 300 to 250 has resulted. In the revised scheme, he feels it can fall within the $2.2 million budget. Mr. Ellingsworth expressed concern that the City is being charged for additional services to redesign the clubhouse. He is also anxious about the fact that bids have not been re- turned and change orders are being requested in the amount of $29,500. He is also concerned about the cart storage. From the onset, he has had serious concerns with regard to the size and the cost of this facility, as the record will reflect. Mr. Randolph moved approval of Service Authorization No. 2 to Digby Bridges, Marsh & Associates, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - No; Mr. Ran- dolph - Yes; Mayor Lynch - No. Said motion FAILED with a 3 to 2 vote. Mayor Lynch stated, from his standpoint, the direction the Commission gave to each architect that submitted a bid was that it must be built with a cap of $2 million and that it be completed by the end of the year, conditions to which each bidder had agreed to. He feels that, due to a lot of confusion, the Commission has not been totally aware of everything that was happening. He feels a meeting should be scheduled with staff, the architects and the Commission to make a decision as to the outcome. Upon question by Mr. Barcinski, Mayor Lynch agreed to place this item on the workshop agenda scheduled for next Tuesday and try to put in prospective those issues wherein staff did not include the Commission. Mr. Barcinski stated he feels that staff was under the assumption that the site work was included in the $2 million. However, the site work was not included and came in at a consid- erably higher cost than anyone estimated. It is his feeling that this is where some of the miscommunication might have occurred. Mr. Marsh commented that he feels they are being penal- ized because they tried to give the Commission and staff the ultimate wish list. It was impossible to respond in terms of accurate costs until a certain stage was reached in the docu- ments, but staff was so informed. Mr. Randolph moved to kill the entire thought of the facility if there is to be any downsizing or departing from the figure the City now has. Motion died for lack of a second. -8- 617194 William Greenwood, Director of Environmental Services, stated that consultants have worked with staff on a weekly basis at DSMG meetings. Major decision points have been brought before the Commission, including the continuance of the clubhouse opera- tion with the intent to build the new clubhouse around the exist- ing structure; that was changed and it was decided to demolish the old structure and replace it with the new clubhouse. The drainage issue could not have been foretold until a survey was done and all elevations were completed. That estimate was approximately 50% too low. When a project is ballparked, there will be changes until a final design is decided on in order that a cost may be established. Mr. Greenwood continued by advising that the only way the City can obtain firm bids is to go the next step by letting the project out to bid, with the only cost being to advertise. The majority of the Commission concurred to go out for bids, with Dr. Alperin dissenting. 9.D. APPOINTMENT/BOND COUNSEL CONTINUING SERVICES: Consider the appointment of bond counsel for continuing legal advice as to previous financings and for contemplated bond issue scenarios and associated issues. City Attorney Ruby stated a lot of documentation has been distributed to the Commission from the firms of Mudge Rose and Greenberg Traurig. It is her opinion that both are fine firms and the City will be well-served regardless of which is chosen. She would recommend Stephen Sanford, with the firm of Greenberg Traurig, based on a personal relationship with him over the last ten years. Dr. Alperin moved to approve the appointment of Stephen Sanford as bond counsel for continuing legal advice, 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. 9.E. UNDERWRITING AGREEMENT/SMITH BARNEY, INC. AND STIFEL, NICOLAUS & COMPANY, INC.: Consider five-year underwriting agree- ment with Smith Barney, Inc. and Stifel, Nicolaus & Company, Inc. City Attorney Ruby stated that this was prepared under the direction of the Commission and is a five-year agreement that can be terminated upon thirty (30) days notice at any time for convenience. Mr. Ellingsworth moved approval of the five-year under- writing agreement with Smith Barney, Inc. and Stifel, Nicolaus & Company, Inc., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mr. Ran- -9- 6/7/94 dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. DIRECTION RE: CHANGE OF ZONING FOR PARCELS LOCATED ALONG CONGRESS AVENUE CORRIDOR: Provide direction concerning the City-initiated rezoning from MIC (Mixed Industrial and Commer- cial) District to LI (Light Industrial) District for ten (10) parcels located along the Congress Avenue Corridor, between Atlantic Avenue and the L-32 Canal. Diane Dominguez, Planning Director, gave an overview of the public hearings for rezonings to LI at which time the proper- ty owners voiced their concerns. The P&Z Board continued the item in order to consider alternatives. The main concerns dealt with the outside-oriented conditional uses and the impact in terms of appearance and noise. It was the overall feeling that the use did not necessarily need to be restricted, nor the zoning changed, but to require that, if an MIC zoned property fronts on an arterial road or if it is adjacent to a residential zoning district, any use must be conducted within a fully-enclosed building. Mayor Lynch expressed the feeling that the burden is put on the Commission when that condition is not fully imposed; for example, the mulching project that arose earlier in the year. Ms. Dominguez agreed to look further, in addition to requiring these uses completely enclosed, if that is the direc- tion of the Commission. The direction she is looking for now is whether or not to proceed with the LI at this point. Mr. Randolph expressed concern with the requirement that all uses must be conducted within an enclosed building. Ms. Dominguez responded that the recommendation was for principal and conditional uses; however, storage can be outside, if it is screened. Mr. Ellingsworth moved to accept the recommendations of the P&Z Board subject to the inclusion of all MIC, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly-advertised Public Hearings portion of the meeting. 10. Public Hearings: 10.A. ORDINANCE NO. 29-94: An ordinance repealing Ordinance No. 162-88 wherein the Koch House at 777 North Ocean Boulevard was designated as an historic building, and enacting the subject ordinance to provide a corrected legal description showing the -10- 6/7/94 historic designation as Lot 21 only. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 29-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 162-88 WHICH DESIGNATED THE KOCH HOUSE LOCATED AT 777 NORTH OCEAN BOULE- VARD, LOT 21 AND LOT 22 OF BLOCK D, PALM BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS AN HISTORIC BUILD- ING; AND ENACTING THIS ORDINANCE TO PROVIDE A CORRECTED LEGAL DESCRIPTION SHOWING THE DESIGNATION AS LOT 21 ONLY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 29-94 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 adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 29-94 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.B. SIGN CODE WAIVER/BORROW BROTHERS RENT-ALL: Consider a request for waiver of LDR Section 4.6.7(E) (7) which provides that a flat wall sign may not exceed 15% of building face per business or tenant. Borrow Brothers, 320 North Congress Avenue, is seek- ing a waiver to allow a 65 square foot sign instead of the 54 square foot sign allowed by code. Lula Butler, Director of Community Improvement, ex- plained that the applicant is requesting that the Commission consider the total building face since he owns the entire build- ing. He would like to be able to use the extra square footage of the building face that is not being used by his tenant. Upon question, Ms. Butler advised that the sign can be reduced in size, but the applicant does not wish to make that investment. -11- 6/7/94 Mr. Randolph moved approval of the request. Motion died for lack of a second. Dr. Alperin moved for denial, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed with a 4 to 1 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. Assistant City Manager Barcinski announced that he has no comments from the office of the City Manager. ll.B. From the Public. ll.B.1. Virginia Snyder, 38 S. Swinton Avenue, expressed con- cern that the City's lime-softening operation is not working correctly, the new master lift station (which was to replace the old one in Veterans Park) located at the rear of Scobee-Ireland Funeral Home and Lift Station No. 11 at the ball field are not operating correctly. Ms. Snyder also commented that she resents her taxes going to pay salaries for police officers to run criminal checks on and to investigate the character of those persons who appear before the City Commission, which was spelled out by Chief Over- man in his memo dated May 23rd. Ms. Snyder stated that Chief Overman was quoted in the Monday newspaper as stating that no photographs were taken at the beach on Sunday night; however, on Tuesday a picture of a police officer taking pictures with a video camera appeared in the newspaper. Officer James Cook was fired for allegedly lying about the time when he delivered a letter. She asked what was to be done with Chief Overman. ll.B.2. Semmie Taylor, 5344 Jog Lane, commented that he is disappointed with some of the residents who represent this City and who have known him for many years. He cannot believe that the close relationship he felt was present is not there and stated he has no reason to lie. ll.B.3. Tom Haenlon, 301 N.E. 6th Avenue, expressed his pride while viewing the commemoration of the D Day 1944 activities, and the united effort that was contributed by all European countries. Mr. Haenlon continued by stating that it was nearly one year ago when the City of Delray Beach won the Ail America City award, an award realized by the united and unselfish efforts of -12- 6/7/94 many and varied groups of citizens. He feels strongly about who is chosen to be entrusted with the leadership of the City when dealing with various diverse citizen groups. He spoke briefly of the funds used to install the red brick sidewalk from Swinton Avenue to llth Avenue along Atlantic Avenue and questioned if any attempt was made to determine what the majority of the citizens wanted in those areas. When leader- ship does not allow this to occur, problems arise. When solu- tions are sought for problems, the visible obstreperous elements should be included along with those of leadership. The City fathers should learn to listen and discuss all needs. ll.B.4. Alice Finst, 707 Place Tavant, spoke about the proposed CoTran bus terminal on Congress Avenue by stating she had re- ceived an invitation to hear about and see the buses at a meeting scheduled for 2:00 p.m. tomorrow afternoon. She asked that the City consider the paved, 470-space parking lot on Congress Avenue at 1-95 just south of Linton Boulevard as an ideal location to locate the bus terminal. ll.B.5. Jerry Marshall, Woodlake, stated, that, in line with the things that are happening around town, he had made a proposal several months ago to put checkerboards, benches, etc., into parks or green areas on West Atlantic Avenue. He would like to see the PEACE group become responsible for the actions of their group and police their own, as opposed to having the City Police do this. He also feels that avenues should be found to satisfy the needs of this group and that the governing body present tonight should research the possibility of meeting with the PEACE group and insisting that they take responsibility for their own people to make sure nothing happens when they congregate. Ms. Snyder returned to clarify that the people congre- gating on the beach are not members of the PEACE group. ll.B.6. Fredda Weinberq, 15234 Lakes of Delray, commented that she is experiencing a staff problem and a police problem; she is getting no cooperation from the police or the MIS Department. She sees no reason for not being able to receive the text for News for Neighborhoods for the month of June. Assistant City Manager Barcinski explained that the text is readjusted and changed at the printer and he would not like to have something sent that is to be changed considerably. ll.B.7. Dorothy Sutton, 101 N. W. 9th Avenue, a PEACE member, reiterated that the PEACE organization is not responsible for the demonstrations that are occurring on A-1-A at the beach. She urged the members of the Commission to listen carefully and learn the facts. Mayor Lynch announced at this time a presentation, Item No. 7.C., would be considered by the Commission. -13- 6/7/94 7.C. West Atlantic Beautification. 7.1. Donald Hearinq, representing Cotleur Hearing, gave a detailed presentation, outlining the schedule of the project regarding the grant and confirming that the project would be completed on time and on budget. He further stated that they have been in contact with those persons who will be administering the grant from Palm Beach County and the Metropolitan Planning Organization. They have also obtained plans from the County Engineering Department for the West Atlantic Avenue project and have been in touch with the Florida Department of Transportation, who will be reviewing the permits. Their firm is very knowledge- able regarding the obtaining of grants, whether they be through State or Federal funding. Upon question by Mr. Ellingsworth regarding the use of low-maintenance materials, Mr. Hearing responded by advising that they advocate utilizing xeriscape plant materials that would be of the lowest maintenance possible to achieve the design effect that is desired by the City. They also try to use plants that require a minimum of pruning. 7.2. Connie Fisher, representing Roy-Fisher Associates, Inc., began her presentation by explaining their approach to the roadway planting design, with safety being the most important issue. She continued by stating that clear cut standards have been developed by Florida Department of Transportation and the Palm Beach County Engineering Department. She gave an accompany- ing slide presentation as she detailed her landscape scheme. Ms. Fisher stated, when applying for the grant for the Town of Jupiter, they were asked to design a typical 300-foot section. The roadway was divided into sections and they then determined exactly how much of the section could be planted. Upon entering that information into their computerized mainte- nance program, they were able to arrive at a cost estimate figure for a typical section, multiplied that by three and came up with a total projection for future maintenance. She then distributed a projected schedule for consideration by the Commission. Mayor Lynch asked how many grants they have worked on in the past and how often they have worked with FDOT. Ms. Fisher responded that this is the second grant and they have worked with FDOT on roadways. Upon question regarding the time frame, Ms. Fisher confirmed that the time frame is realistic from their viewpoint. 7.3. Mike Kroll, Director of Landscape Architecture with Peninsula Design & Engineering, Inc., stated their firm has provided consulting services to public and private clients since 1972. The Atlantic Avenue project is found in a FDOT right-of- way, which he divided into three sections, detailing the plant- ings in each. He then gave a slide presentation providing a picturesque view of exactly what those plantings would look like, -14- 6/7/94 using the guidelines established by FDOT and the local munici- palities to insure the safety of the public. He is confident they can meet the time frame, the requirements of FDOT, the local municipality and the grant requirements. Mr. Randolph questioned if the grant is a given, to which Mr. Kroll responded that it is not a given, but is based on expertise in preparation and submittal. Mr. Randolph followed up with a question regarding the length of time, upon submittal, in which the grant may be expected. Mr. Kroll advised that it took two months the last time they applied to learn if the funds were allocated to a project. The City Attorney advised it would be good to rank the three firms from numbers one to three in the event an agreement is not reached on number one. Mayor Lunch questioned if the project is a go whether or not the grant is issued. Nancy Davila, City Horticulturist, stated that there is approximately $190,000 in the Decade of Excellence Bond Fund, in the event the grant is not approved. She suggested doing a contract of service authorizations that were phased; the first of which would provide two schematics, one that would be done with the money available and the second being more of a grand plan that would be something the City would submit for the grant. If the grant money was received, the project could be continued into Service Authorization Phase II, where that sche- matic would be pursued in the hope that another $100,000 would be forthcoming from the State for the completion of this project. Upon question by Mayor Lynch regarding the most impor- tant issue that would best ensure the obtaining of the grant, Ms. Davila stated she feels there are different points that are to be considered and one of the most revealing things that was pointed out tonight, was the observation of Cotleur Hearing, Inc., that 80% of the project is within a sight distance (triangle). This means that it is necessary to maintain FDOT standards for plant- ing which is very restrictive, especially in the area of varianc- es. She feels it is very important to have a firm with the expertise in communication and with a level of understanding of the requirements of FDOT in order to know how to circumvent some of the most demanding regulations. At this time the Commission ranked the three firms, with the lowest number reflecting the highest rank. The City Attorney tallied the votes and announced that the number one choice of the Commission is Cotleur Hearing, Inc., number two being Peninsula Design & Engineering, Inc., and number three the firm of Roy-Fisher Associates, Inc. At this point the Commission returned to the Regular Agenda. -i~- 6/7/9i 9.G. DIRECTION RE: ADDITIONAL REGULATIONS FOR RESIDENTIAL REDEVELOPMENT: Provide direction concerning the issue of regu- lating residential redevelopment. Diane Domenguez stated that this was a request to possibly restrict residential development to make it more compat- ible with adjacent property. The P&Z Board recommended that this item not be considered, because it would be inhibiting the tax base. Mr. Ellingsworth moved approval of the Planning & Zoning Board recommendation, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. Before roll call, Dr. Alperin voiced his rejection of this recommendation. While he agrees with the concept, he stated the City has always had restrictions and he feels there are a number of historically valuable homes along the beach. They will be torn down to be replaced with block structures. He wonders if. the City is sacrificing those homes because someone else made a mistake. 9.H. DIRECTION FOR BID SPECIFICATIONS/HURRICANE SHUTTERS FOR CITY HALL NORTH WING: Provide direction on specifications for bid for hurricane shutters for the north wing of City Hall. Assistant City Manager Barcinski announced that the issue before the Commission is whether to develop specs with panel type hurricane shutters or the accordion type for the north wing annex. Staff is recommending the accordion type shutters from a standpoint of ease in assembly and installation. Mr. Ellingsworth moved approval of the accordion type shutters, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. 9.I. SETTLEMENT OFFER/LAKE IDA PARK TENNIS FACILITIES: Consider settlement offer in the amount of $50,000 to Roy Simon for architectural contract termination claim. City Attorney Ruby stated there was a meeting to ana- lyze the basis of the original offer and there has been an ad- justment regarding the recommendation as to how calculations were made by the claimant. It is the feeling of the City Attorney's office that the cost of construction should be at the estimated cost for the Lake Ida project. The original offer was for $80,000; they have offered to settle for $50,000 and it is her opinion that a $9,000 figure would be appropriate under the terms of the contract, based on the Lake Ida cost of construction. -16- 617194 David Schmidt, representing Roy Simon, stated the fundamental difference is in how the contract is interpreted. He briefly examined the history of what occurred and stated he feels it does not support staff's position. The original contract in 1986 was to design a tennis facility and renovate the clubhouse at the municipal golf course. Subsequent to that, the Commission decided not to proceed with the renovations to the clubhouse nor did they want to locate the tennis courts at the golf course. At that time the Lake Ida site was chosen for consideration. He then read excerpts from previous City Commission minutes, dated in 1988, where the City Attorney advised that the contract with Mr. Simon was recommended to be terminated for the combination Tennis Center and Clubhouse Renovations, which will result in the City paying his fees and expenses incurred to date in the amount of $10,022.50. Upon question if new bids were required should the contract be terminated, the City Attorney advised only if it were to be considered a different project. The City Manager stated it is just a relocation of the tennis facility. The contract was terminated at that time by the City Commission. Mr. Schmidt continued by stating the City Attorney presented Mr. Simon with a newer form of contract, to which Mr. Simon objected. A Special Meeting was scheduled, at which time Mayor Campbell announced it was his feeling that they needed to make two addendum to Mr. Simon's contract; 1) deleting any fur- ther reference and obligation regarding the building and 2) change the legal description on the site of the tennis courts. The Commission voted unanimously to approve the addendum. There was a provision in the contract stating that, should the contract go beyond the anticipated completion date of one year, Mr. Simon was to be paid according to another provision in the contract. Mr. Schmidt stated it is his opinion that the contract issued to Mr. Simon was to design the municipal tennis center, not a site specific contract. Because of this, he feels the City has breached the contract. The City Attorney stated, even if the number used is the one used for the proposed current site, she does not believe the number is correct, as it covers things that are not deemed as construction costs. Discussion followed. Mr. Ellingsworth remarked, with regard to the $1,029,000 originally estimated for the Lake Ida Park facility, for which Mr. Simon was paid $57,642, that the City might consid- er paying him the difference up to $80,000, which was eight percent (8%) of his contract, or to make an offer in the neigh- borhood of $23,000. Dr. Alperin stated he has a problem due to the fact that there is a second contract, for which he feels the City is obligated in that respect. Secondly, he has a problem with paying someone for something they did not design. If the City promised to pay him for something he planned to design, then he -17- 6/7/94 should be paid; but that is not the present facility. In other words, the fee needs to be built on the facility that was intend- ed to be built. The Commission concurred on using an amount for the architectural fees of the tennis stadium of $1,029,000. Mayor Lynch stated the difference is then whether or not the Commission decides to go strictly by the letter of the contract, in which the City Attorney advised calls for 70%; or, the Commission can go with a number wherein the termination clause is not used, but pay is calculated on the basis of the entire contract. Dr. Alperin moved to refuse the settlement offer, seconded by Mrs. Smith. Upon roll call the Commission 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. Mayor Lynch advised, if there is a consensus, the Commission would be willing to look at a documented number and consider it as a potential settlement offer, if it is within a reasonable amount of the expenditures that were actually spent on the Lake Ida site. The Commission concurred. 9.Jo RELEASE OF COST JUDGMENT/HORENBURGER Vo CITY: Consider release of the cost judgment of Frederic Horenburger claim in the amount of $6,028.32. Mrs. Smith moved approval to grant the release of the cost judgment, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No; Mr. Randolph - No. Said motion passed with a 3 to 2 vote. 9.K. SETTLEMENT OF CLAIM/ELMO TIPPETT: Acquisition of easements, N.E. 9 Avenue right-of-way, and replacement of trees, in the amount of $6,000. Dr. Alperin moved to accept the offer, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. Before roll call, Mayor Lynch asked what the normal procedure is. Assistant City Attorney Tolces responded that the normal procedure is to flag the easements and rights-of-way the City needs to acquire. In this particular case, that was not taken care of prior to construction. Upon question, Mr. Greenwood stated the contract was with CH2MHill. Mr. Tippett's property was the only parcel that was deeded to the center line. Mayor Lynch expressed the feeling 6/7/94 that the consultant should share in joint responsibility for this oversight and make sure this does not happen in the future. At this point the roll was called to the motion. 9.L. RESOLUTION NO. 47-94/OBJECTING TO PROPOSED PUBLIC UTILITIES FEE: Consider Resolution No. 47-94 opposing and ob- jecting to the Board of County Commissioners' proposed amendment to the Unified Land Development Code, which provides for a pro- posed public utilities fee as a source of funding for the Coun- ty's Department of Environmental Resources Management Wellfield Protection work. The City Manager presented Resolution No. 47-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VIGOROUSLY OPPOSING AND OBJECTING TO THE BOARD OF COUNTY COMMISSIONERS' PROPOSED AMENDMENT TO THE UNIFIED LAND DEVELOPMENT CODE, WHICH PROVIDES FOR A PROPOSED PUBLIC UTILITIES FEE AS A SOURCE OF FUNDING FOR THE COUNTY'S DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT WELLFIELD PROTECTION WORK; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 47-94 is on file in the offi- cial Resolution Book) The City Attorney stated she was faxed a potential change in this ordinance that would assess a public utilities fee on the City. Originally, it looked as though the City would be responsible for $19,000 plus per year for Delray's share of the maintenance of the wellfield protection program. However, the fax is not totally clear, but contains a $52,023 figure. It is possible that this will be changed, perhaps in terms of a cost per well. The Second Reading will be held on June 21st at 5:00 p.m. Mr. Greenwood advised that, based on the new proposal, the City of Delray Beach would have the highest share, so their new proposal is worse than the original by some $30,000. Mr. Randolph moved for the adoption of Resolution No. 47-94, 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.M. This item has been removed. 9.N. CHANGE ORDER NO. 9/CHAZ EQUIPMENT COMPANY, INC. Consider add Change Order No. 9 in the amount of $11,600 and 15 day extension of contract time to Chaz Equipment Company, Inc. to -19- 6/7/94 install drainage lines on Pelican Way in conjunction with the Beach Road Reconstruction Project, with funding from Stormwater Utility (Account No. 448-5411-538-31.90). Mrs. Smith moved approval of Change Order No. 9 with Chaz Equipment Company, 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. 12. First ReadinHs: 12.A. ORDINANCE NO. 54-94: An ordinance providing for the certification and adoption of the assessment roll for the Bank- er's Row Assessment District. If passed, public hearing June 21, 1994. Mayor Lynch left the Commission Chambers at this time and Vice-Mayor Alperin took the Chair. The City Manager presented Ordinance No. 54-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE ASSESS- MENT ROLL FOR THE BANKER'S ROW ASSESSMENT DISTRICT; PROVIDING FOR RECORDING OF SPECIAL ASSESSMENT LIENS; AUTHORIZING THE FINANCE DIRECTOR TO COLLECT THE SPECIAL ASSESSMENT; AUTHORIZING THE ENFORCEMENT OF UNSATISFIED LIENS; 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. 54-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 26-94: An ordinance rezoning a portion of Lot 8, Block 3, Lake Ida Shores, from R-I-AAA (Single Family Residential) District to R-I-AB (Single Family Residential) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends denial. The City Manager presented Ordinance No. 26-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE R-i-AB (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID -20- 6/7/94 LAND BEING LOCATED ON THE WEST SIDE OF N.W. 8TH AVENUE, BETWEEN ELDORADO LANE AND GARDE- NIA TERRACE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney announced that this ordinance is one that will likely require a quasi-judicial hearing at the next meeting. Charlotte Lees, 110 Wood Lane, President of the Lake Ida Property Owners Association, stated they support the P&Z Board recommendation to deny. Mr. Ellingsworth moved to deny Ordinance No. 26-94 on First Reading. City Attorney Ruby stated, since this does require a quasi-judicial hearing at Second and FINAL Reading, it might be beneficial to call on David Kovac's memorandum. Mr. Ellingsworth withdrew his motion. Mr. Randolph moved for the adoption of Ordinance No. 26-94 on First Reading. Motion died for lack of a second. Mrs. Smith moved to deny Ordinance No. 26-94, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 3 to 1 vote. 12.C. ORDINANCE NO. 30-94: An ordinance amending Section 4.4.19 of the Land Development Regulations to allow "Auctions" as an accessory use in the MIC (Mixed Industrial and Commercial) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 30-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19(C) OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING AUCTIONS AS AN ALLOWABLE ACCESSORY USE IN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT; PROVIDING A GENER- AL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -21- 6/7/94 Mayor Lynch returned to the Commission Chambers at this time. Mrs. Smith moved for the adoption of Ordinance No. 30-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 31-94: An ordinance amending the Land Development Regulations by enacting a new Section 4.4.27, Open Space and Recreation (OSR) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 31-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR) DISTRICT"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith left the Commission Chambers at this time. Mr. Randolph moved for the adoption of Ordinance No. 31-94 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 12.E. ORDINANCE NO. 32-94: An ordinance amending Section 4.4.21, Community Facilities (CF) District of the Land Develop- ment Regulations by clarifying purpose and intent, types of uses allowed, and development, supplemental and special regulations for the zone district. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 32-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY CLARIFYING PURPOSE AND INTENT, TYPES OF USES ALLOWED, AND DEVELOPMENT, SUPPLEMENTAL AND SPECIAL REGULATIONS FOR THE ZONE DISTRICT; -22- 6/7/94 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 32-94 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth Yes. Said motion passed with a 4 to 0 vote. 12.F. ORDINANCE NO. 33-94: An ordinance amending Section 4.4.22, Open Space (OS) District of the Land Development Regula- tions by clarifying purpose and intent and amending types of uses allowed within the zone district. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 33-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY CLARIFYING PURPOSE AND INTENT OF THE DISTRICT, AND AMENDING TYPES OF USES ALLOWED WITHIN THE ZONE DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith returned to the Commission Chambers. Dr. Alperin moved for the adoption of Ordinance No. 33-94 on First 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. 12.G. ORDINANCE NO. 34-94: An ordinance rezoning Del-Aire Golf Course from OS (Open Space) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 34-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS DEL-AIRE GOLF COURSE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF LINTON BOULEVARD, -23- 6/7/94 ON THE EAST SIDE OF MILITARY TRAIL; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; 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. 34-94 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.H. ORDINANCE NO. 35-94: An ordinance rezoning The Hamlet Golf Course from OS (Open Space) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 35-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS THE HAMLET GOLF COURSE, AS MORE PARTICULARLY DESCRIBED HERE- IN, FROM OS (OPEN SPACE), DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF ATLANTIC AVENUE, BETWEEN MILITARY TRAIL AND DOVER ROAD (IF EXTENDED); AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 35-94 on First Reading, 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. 12.I. ORDINANCE NO. 36-94: An ordinance rezoning Sherwood Park Golf Course from OS (Open Space) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 36-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS SHERWOOD PARK GOLF COURSE, AS MORE PARTICULARLY DESCRIBED HERE- -24- 6/7/94 IN, FROM OS (OPEN SPACE) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF ATLANTIC AVENUE, BETWEEN WHATLEY ROAD AND THE HAMLET SUBDIVISION; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; 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. 36-94 on First Reading, 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. 12.J. ORDINANCE NO. 37-94: An ordinance rezoning the Delray Beach Municipal Golf Course from OS (Open Space) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 37-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS THE DELRAY BEACH MUNICIPAL GOLF COURSE, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) DIS- TRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE OF ATLANTIC AVENUE, EAST OF HOMEWOOD BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; 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. 37-94 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.K. ORDINANCE NO. 38-94: An ordinance rezoning Barwick Park from CF (Community Facilities) District to OS (Open Space) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 38-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A -25- 6/7/94 PARCEL OF LAND KNOWN AS BARWICK PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COM- MUNITY FACILITIES) DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF LAKE IDA ROAD AND BARWICK ROAD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVID- ING 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. 38-94 on First 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. 12.L. ORDINANCE NO. 39-94: An ordinance rezoning the Catherine Strong Center from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends denial. The City Manager presented Ordinance No. 39-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS THE CATHERINE STRONG CENTER, AS MORE PARTICULARLY DESCRIBED HERE- IN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF S.W. 17TH AVENUE, BETWEEN S.W. 6TH STREET AND S.W0 7TH STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 39-94 on First Reading, seconded by Dr. Alperin. 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.M. ORDINANCE NO. 40-94: An ordinance rezoning the Delray Beach Municipal Cemetery from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 40-94: -26- 6/7/94 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS THE DELRAY BEACH MUNICIPAL CEMETERY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILI- TIES) DISTRICT TO OSR (OPEN SPACE AND RECREA- TION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE WEST SIDE OF S.W. 8TH AVENUE, BETWEEN S.W. 6TH STREET AND S.W. 10TH STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 40-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.N. ORDINANCE NO. 41-94: An ordinance rezoning Pompey Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 41-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS POMPEY PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COM- MUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE NORTH SIDE OF N.W. 2ND STREET, BETWEEN NoW. 10TH AVENUE AND N.W. 13TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 41-94 on First Reading, 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. 12.O. ORDINANCE NO. 42-94: An ordinance rezoning Lake Ida -27- 617194 Park from CF (Community Facilities) District to OS (Open Space) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 42-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS LAKE IDA PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF INTER- STATE-95 AND LAKE IDA ROAD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 42-94 on First Reading, 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. 12.P. ORDINANCE NO. 43-94: An ordinance rezoning Lake Ida Park (at Lake Drive) from CF (Community Facilities) District to OS (Open Space) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 43-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS LAKE IDA PARK (AT LAKE DRIVE), AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DIS- TRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE WEST SIDE OF LAKE DRIVE, NORTH OF DENVER ROAD; AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 43-94 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -28- 6/7/94 12.Q. ORDINANCE NO. 44-94: An ordinance rezoning the Boy Scout Hut property from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 44-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS THE BOY SCOUT HUT PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DIS- TRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE NORTH SIDE OF LAKE IDA ROAD, BETWEEN N.W. 3RD AND 6TH AVENUES (EXTENDED); AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 44-94 on First 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. 12.R. ORDINANCE NO. 45-94: An ordinance rezoning Pioneer Park from CF (Community Facilities) District to OS (Open Space) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 45-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS PIONEER PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COM- MUNITY FACILITIES) DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY LOCATED NORTH OF S.E. 10TH STREET, WEST OF THE RAILWAY RIGHT-OF-WAY; AND AMENDING "ZON- ING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 45-94 on First Reading, seconded by Dr. Alperin. Upon roll call -29- 6/7/94 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.S. ORDINANCE NO. 46-94: An ordinance rezoning Merritt Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 46-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS MERRITT PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COM- MUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE NORTH SIDE OF S.W0 4TH STREET, BETWEEN S.W. 2ND AND 3RD AVENUES; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 46-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 120T. ORDINANCE NO. 47-94: An ordinance rezoning Veterans Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 47-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS VETERANS PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF ATLANTIC AVENUE AND THE INTRACOASTAL WATERWAY; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -30- 6/7/94 Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 47-94 on First Reading, 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. 12.U. ORDINANCE NO. 48-94: An ordinance rezoning Currie Commons from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 48-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS CURRIE COMMONS, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER OF S.E. 7TH STREET AND S.E. 2ND AVE- NUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 48-94 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.V. ORDINANCE NO. 49-94: An ordinance rezoning Knowles Park from CF (Community Facilities) District to OS (Open Space) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 49-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS KNOWLES PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COM- MUNITY FACILITIES) DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO. 1, SOUTH OF S.E. 10TH STREET (EXTENDED); AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- -31- 6/7/94 DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 49-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.W. ORDINANCE NO. 50-94: An ordinance rezoning Miller Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 50-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS MILLER PARK, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM CF (COM- MUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF LINTON BOULEVARD, WEST OF THE FEC RAILWAY; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 50-94 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.X. ORDINANCE NO. 51-94: An ordinance rezoning the Bucky Dent Baseball School from CF (Community Facilities) District to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends denial. The City Manager presented Ordinance No. 51-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS THE BUCKY DENT BASE- BALL SCHOOL, AS MORE PARTICULARLY DESCRIBED -32- 6/7/94 HEREIN, FROM CF (COMMUNITY FACILITIES) DIS- TRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF LINTON BOULEVARD, WEST OF THE FEC RAILWAY AND IMMEDIATELY SOUTH OF MILLER PARK; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 51-94 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.Y. ORDINANCE NO. 52-94: An ordinance rezoning the Park adjacent to School Site S-2 from CF (Community Facilities) Dis- trict to OSR (Open Space and Recreation) District. If passed, public hearing June 21, 1994. Planning and Zoning Board recom- mends approval. The City Manager presented Ordinance No. 52-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND KNOWN AS THE PARK ADJACENT TO SCHOOL SITE S-2, AS MORE PARTICULARLY DE- SCRIBED HEREIN, FROM CF (COMMUNITY FACILI- TIES) DISTRICT TO OSR (OPEN SPACE AND RECREA- TION) DISTRICT; SAID LAND BEING GENERALLY LOCATED SOUTH OF GERMANTOWN ROAD, WEST OF FOXE CHASE SUBDIVISION; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 52-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12.Z. ORDINANCE NO. 53-94: An ordinance amending Section 4.6.4, "Special District Boundary Treatment", of the Land Devel- opment Regulations by repealing Subsection 4.6.4(E), "Community Facilities Zoning Adjacent to Residential Zoning", in its entire- -33- 6/7/94 ty. If passed, public hearing June 21, 1994. Planning and Zoning Board recommends approval. The City Manager presented Ordinance No. 53-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.4, "SPECIAL DISTRICT BOUNDARY TREATMENT" OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 4.6.4(E), "COMMUNITY FACILITIES ZONING ADJACENT TO RESIDENTIAL ZONING", IN ITS ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Tolces read the caption of the ordinance. Mrs. Smith moved for the adoption of Ordinance No. 53-94 on First Reading, 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Commission 13.A.1. Mr. Ellingsworth stated,that he hopes Mayor Lynch had a good trip to Japan. 13.A.2. Mr. Randolph had no comments or inquiries. 13.A.3. Mayor Lynch commented that it was brought to his atten- tion when Marshall DeWitt passed away he left his house to Old School Square, in addition to the two lots located to the east of his property. It is his feeling that Old School Square should be approached to learn their intention for those two lots. Assis- tant City Manager Barcinski advised they are currently on the market for sale. Mayor Lynch asked if any thought had been given to making a park in recognition of Mr. DeWitt. Mr. Barcinski responded that he knows of no plans at this time. Mayor Lynch stated that, at some point in time, he would write a description of his visit to Miyazu; it was a very interesting experience with representatives from China and New Zealand, as well as the United States. 13.A.4. Mrs. Smith inquired what happens to trees when they are removed to permit the widening, etc. of streets. Mr. Barcinski replied they are taken wherever it is most cost effective to relocate them; however, this is not always possible. Mrs. Smith questioned if anything has been accomplished with regard to -34- 6/7/94 starting a City nursery. Mr. Barcinski responded that nothing has been done as yet. 13.A.5. Dr. Alperin stated that the ugly, blue building on Lake Ida Road needs to have something done to improve its appearance. 13.B.1. City Attorney Ruby asked if the Commission would like the City Attorney's office to represent them at the second read- ing of the Public Utilities Tax Resolution before the County Commission and verbalize the City's opposition. It was the consensus of the Commission to have the City Attorney's office represent the City. 13.C.1. Assistant City Manager Barcinski stated that the City Manager had presented information to the Commission from the Municipal League regarding the South Florida Water Management District in proposing utilization of their rights-of-way. On June 20th at 7:00 p.m. at the South Florida Management District auditorium on Gun Club Road there will be a workshop and he is asking direction as to whether or not the Commission would like staff to attend. The Municipal League has also requested that a letter be sent to the SFWMD, basically requesting the agency to prepare an economic impact statement which fully complies with F.S. 121542. The City Manager is requesting direction regarding the submittal of this letter, in addition to specifically desir- ing SFWMD to obtain a copy of alternative analyses which are mandated to be accomplished by another Florida Statute. If the Commission would like this letter sent, it must be mailed no later than June 10th. It was the consensus of the Commission to proceed with the submittal of the letters. Assistant City Manager Barcinski commented that, in reviewing the "S" school site located in Blood's Development, it is apparent that Military Trail will need to be widened to six (6) lanes to handle traffic impact for future development. The City Manager has asked for direction in asking the County to include the planning and design work in the current five-year plan for widening, but not construction. Dr. Alperin expressed concern with regard to density, should the road be widened. After discussion, the Commission agreed, with the exception of Dr. Alperin, to direct the County to proceed with the planning and design work. Mr. Barcinski stated the last item the City Manager needs direction on is that, in conjunction with the City of Boynton Beach, talks with DOT have resulted in a proposal to put both a bicycle lane and a parking lane on the east side of Feder- al Highway that would require a one foot (1') reduction in the -35- 6/7/94 median. The parking lane would require seven feet (7') and the bicycle lane would require four feet (4'); however, the local office cannot do this, so it would be necessary to obtain approv- al from Tallahassee. The City Manager is requesting direction as to the submittal of a letter in support of the proposition to Tallahassee. The Commission concurred not to support the proposi- tion, feeling there is no need for a bike lane, and not to submit a letter of request to Tallahassee. Mayor Lynch declared the meeting adjourned at 10:05 P.M. ~ity C 1 e/r k 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 June 7, 1994, which min- utes were formally approved and adopted by the City Commission on GE,o'X.~ ~1~ 199~ JCity Cl~k ~ 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.