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06-21-94 JUNE 21, 1994 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Jay Alperin in the Commission Chambers at City Hall at 6:05 p.m. on Tuesday, June 21, 1994. Roll call showed: Present - Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Vice Mayor Jay Alperin Arriving at 6:18 p.m. - Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and Assistant City Attorney David Tolces 2. The invocation was given by Commissioner Randolph. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. The City Manager noted the addendum to the agenda, adding Item 8.P, Consent Agenda (Agreement with Louis G. Jensen/Off-Site Parking and Cancellation of Unity of Title); and Item 9.E., Regular Agenda (Request from Joint Venture/Summer Nights Program). The City Manager stated that he would formally intro- duce the City's new Fire Chief under Item 7, Presentations. Mr. Ellingsworth moved for approval of the agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Mr. Ellingsworth moved approval of the Minutes of the Regular Meeting of June 7, 1994, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations= None '7. Presentations: The City Manager introduced Robert B. Rehr as the new Fire Chief and welcomed his return to the City of Delray Beach. 7.A. RESOLUTION NO. 49-94: A resolution recognizing and commending Selma Kleinman for 19 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 49-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING SELMA KLEINMAN FOR NINETEEN YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 49-94 is on file in the offi- cial Resolution Book) Vice-Mayor Alperin read the resolution in its entirety. Mr. Randolph moved for approval of Resolution No. 49-94, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Vice-Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 8. Consent Aqenda: City Manager recommends approval. 8.A. AGREEMENT APPROVAL/TRANSPORTATION ENGINEERING CONSUL- TANT FIRMS: Approve Agreements for Professional Services for David Plummet and Associates and McMahon and Associates as Trans- portation Engineering Consultants for on-going "as needed" ser- vices. 8.B. WATER SERVICE AGREEMENT/BOY'S FARMERS MARKET: Approve water service agreement with Elizabeth and Anthony Fannelli, owners of the Boy's Farmers Market located at 14378 Military Trail. 8.C. LANDSCAPE AGREEMENT/SHERWOOD PONTIAC: Approve Land- scape Agreement for Sherwood Pontiac to install the required landscape strip along Federal Highway upon the widening of the highway. 8.D. CHANGE ORDER/CHAZ EOUIPMENT: Approve Change Order to the contract with Chaz Equipment to add sanitary sewer recon- struction as needed in conjunction with the Alleyway Reconstruc- tion Project, returning it to the original amount of $709,235.75. Funding source is from Renewal and Replacement - CBD - Alleyway Phase II (Account No. 442-5178-536-61.47) with budget transfer from R&R Project Reserves (Account No. 442-5178-536-99.01). 2 6/21/94 '8.E. AMENDMENT TO LANDSCAPE CONTRACT/SEAGULL INDUSTRIES FOR THE DISABLED, INC.: Approve amendment to landscape contract with Seagull Industries for the Disabled, Inc. 8.F. SERVICE AUTHORIZATION NO. 1/COTLEUR-HEARING, INC.= Approve Service Authorization No. 1 with Cotleur/Hearing, Inc. in the amount of $26,201.73 for landscape architectural and consult- ing services in connection with West Atlantic Avenue Beautifica- tion. 8.G. REPLAT/SABAL LAKES PHASE II: Approve replat for Lots 87-96 Block 1, Sabal Lakes Phase II to correct legal boundaries. 8.H. RATIFICATION OF APPOINTMENT TO KIDS AND COPS COMMITTEE: Ratify appointment of Ms. Mary Rollins Pilgrim to the Kids and Cops Committee as the representative for Plumosa Elementary School to a term ending April 22, 1996. 8.I. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify the SCRWTD Board action of April 21, 1994, giving approval to expend $2,600 for Gear Drive (Pista Gritter) and $3,000 for Air Conditioner in Administration Building, from the Repair and Replacement Fund 8.J. STORMWATER MANAGEMENT ASSESSMENT AGREEMENT/PALM BEACH COUNTY PROPERTY APPRAISER: Approve agreement with Palm Beach County Property Appraiser's office for collection of the City's stormwater management assessment. 8.K. PROPERTY ACQUISITION/S.W. 10TH AVENUE: Approve acqui- sition of Salas property on Wallace Drive (for S.W. 10th Avenue) in the amount of $45,000. 8.L. PUBLIC AGENCY AGREEMENT/COMMUNITY SERVICE PROGRAM: Approve the Public Agency Agreement for the Community Service Program. 8.M. APPELLATE FEES/CITY OF DELRAY BEACH v. RAZETE, ET AL: Approve payment of appellate fees in the amount of $30,025.50 (plus interest, if any) in the case of the City of Delray Beach versus Razete, et al. 8.N. APPELLATE FEES/CITY OF DELRAY BEACH v. I.A.F.F.: Approve payment of appellate fees in the amount of $12,339.93 (plus interest, if any) in the case of the City of Delray Beach versus I.A.F.F. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Contract Award - S.W. 10th Street Road Widening - Phase I in the amount of $443,074.50 to All-Rite Paving Contractors, Inc. Funding for $343,264.50 is available from Decade of Excellence Account No. 228-3162-541-61.90), and $99,810.00 from Water & -3- 6/21/94 Sewer Renewal and Replacement (Account No. 442-5178-536-61.90). 8.P. (ADDENDUM ITEM) - AGREEMENT WITH LOUIS JENSEN/OFF-SITE PARKING AND CANCELLATION OF UNITY OF TITLE. Mr. Ellingsworth moved approval of the Consent Agenda as amended, seconded by Mrs. Smith. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Vice-Mayor Alperin - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes. Said motion passed by a vote of 4 to 0. 9. Regular Agenda: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARI- OUS 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 June 6 through June 17, 1994. Mr. Ellingsworth moved to receive and file the report, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Vice Mayor Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.B. PLANNING AND ZONING BOARD DECISION APPEAL/ADULT VIDEO STORE: Consider an appeal of a Planning and Zoning Board deci- sion regarding status of an adult video store located in Pelican Harbor Shops at 3205 South Federal Highway. The Assistant City Attorney advised that this proceed- ing will be conducted as a quasi-judicial hearing. The City Clerk swore in witnesses who wished to give testimony on the matter. Diane Dominguez, Director of Planning and Zoning, made her opening statement. She stated that the store is classified as an adult video store according to the definitions in the Land Development Regulations. Adult video stores are subject to the City's Adult Entertainment Ordinance which was passed in Novem- ber, 1990. Ms. Dominguez noted that the use is allowed in cer- tain zoning districts as a conditional use, and the ordinance also specifies certain locational restrictions. One of the dis- tricts which allows this particular use is PC (Planned Commer- cial) which applies to this property. It is understood that this particular use was established prior to the passage of the adult entertainment ordinance and since the City did not regulate these types of uses prior to that time, the use would have been classi- fied as a regular video store or as a retail use operation. Under Section 1.3.7 of the LDRs, the existing video store becomes a conforming conditional use. -4- 6/21/94 Ms. Dominguez pointed out that the owners now wish to expand the video store and plan to move the non-adult section into a larger bay of the existing building. At its meeting of April 18, 1994, the Planning and Zoning Board denied the request for expansion. Norman Kent, Attorney representing the owner of the Video Stop at Pelican Harbor Shops, pointed out that his client wishes to expand a store within a shopping center which is under his ownership and rents space for his video store. Since the owner wishes to expand the non-adult video section of this enter- prise, it will become more family oriented and will actually diminish the percentage of adult video sales. Mr. Kent stated for the record that legally, he could establish that the use is nonconforming. He urged the Commission to work toward a compro- mise to consider the expansion as a nonconforming use situation instead of a conforming conditional use. Mayor Lynch asked if anyone in the audience wished to speak in favor or in opposition to this case. Helen Coopersmith, 1222D South Drive Way, was adamantly opposed to an adult video establishment and felt that it was an inappropriate use in Delray Beach. Mr. Kent presented his rebuttal. He concluded by stating that the Planning Director, in correcting her error in interpreting the regulations, wrote a letter clarifying the situation. He felt that her letter was testimony in itself that the regulations were confusing and unclear. The Assistant City Attorney emphasized the issue is not that of whether or not the applicant could expand the use, but that the applicant needs to follow the correct process, which is the conditional use process. It was noted by Ms. Dominguez this was lawfully estab- lished; and that the owner was in fact selling a certain per- centage of adult videos and the facility was considered an adult video store prior to the passage of the City's Adult Entertain- ment Ordinance. She pointed out that she had verbally requested the owner, Mr. Wenk, to have his accountant prove that prior to November, 1990, a certain amount of his gross receipts were the result of the sale of adult materials; or show proof that he had obtained a license from the County. At that time the owner had informed her that he would not be able to produce the proof of sales. Mr. Kent read into the record a letter dated March 21, 1994, that he had written to the Planning Department stating that his client wished to comply with the City's regulations. Also, that he had requested staff to direct him as to the correct procedure to process a conditional use modification. Mr. Kent asked that his letter be included as part of the record since it -5- 6/21/94 'had not been provided to the Commission. He emphasized that it would not be financially feasible to have the same owner operate two separate stores within the same location when he has the opportunity for expansion. For clarification purposes, the Assistant City Attorney stated that it would not be permissible for the applicant to have only one store which sold only adult videos. He read into the record a section of the LDRs regarding nonconforming uses. Mr. Kent argued that prior to November of 1990 the code was silent in regard to video stores and that they were not a permitted use since it was a use which was nonexistent according to the code. It could not, then, become a conforming conditional use. Mayor Lynch asked staff if the language in the LDRs states "retail store" and does not specify "video store"; and if it was silent, then what would be the ruling? Mr. Tolces stated that it is his interpretation that if the code is silent, then the use would not be permitted in that zoning district. The City Manager interjected that it is not uncommon in dealing with ordinances, to make changes to the list of permitted uses. When questions arise, then it is possible to amend the code. Also, that the Planning Director has the authority to make the decision as to whether a use can fit into a category and the use is then reviewed by the Planning and Zoning Board. Mr. Kent felt that it is very significant that his letter dated March 15, 1994 was not included in the City's project file. This letter served as his personal request to staff to inform him as to what needed to be done to become a conforming conditional use, if his client wished to proceed in that direction. He noted that there were two issues to be con- sidered by the Commission: 1) to determine if the use is noncon- forming and the Commission; 2) should the Commission agree that the use should be a conditional conforming use, then the City would have to acknowledge by his letter of March 15th, that staff did not respond to his request; and, 3) that the language of the LDRs is very vague in regard to the required percentage of indi- vidual retail items. In conclusion, Mr. Kent asked that the Commission direct the Planning and Zoning Board to specify in writing, what conditions his client has to meet in order to become a condition- al conforming use. Also, that the Commission allow his client to proceed as nonconforming use and overrule the City's Planning Department; or, ask for legal analysis as to how this can be resolved without resorting to unnecessary litigation. 6 6/21/94 It was emphasized by the Planning Director that she had specifically informed the applicant what would constitute proof, a statement from an accountant, verifying what percentage of sales were from adult videos prior to 1990. In a letter dated March 24, 1994 to Mr. Kent, she had informed him that the pro- posed expansion of the business requires approval by the Planning and Zoning Board as provided in Section 2.4.5. (E) (7) and and that the application would be processed as a modification; however, should the Board determine that the modification is significant, then it would be required that the item be heard as a new condi- tional use application. She felt that the applicant apparently was not interested in proceeding through that process and that her letter dated January 18, 1994 was the interpretation that the Mr. Kent and his client preferred. Mr. Ellingsworth moved to uphold the recommendation of the Planning and Zoning Board and to deny the request in accor- dance with Section 1.3.7 (that the use was a conditional use and is now considered a conforming conditional use), seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. Prior to the vote, Mayor Lynch stated that he would support the motion provided the applicant is willing to expand the use; however, it is imperative that certain guidelines re- quested by staff will need to be followed. At this point Item 9.F., Regular Agenda, was moved forward on the agenda. 9.F. ADOPTION OF VISIONS 2005 PLAN: Consider adoption of the Policy Statement as approved by the participants of Visions 2005 Assembly Steering Committee. Frank McKinney stated that ninety citizens representing the private and public sectors attended the Visions 2005 retreat which was held May 12 through 14, 1994. The Steering Committee is asking that the City Commission formally adopt the Policy Statement so that the committee can start to work on the seven identified topics. Mr. McKinney then read several paragraphs of the Policy Statement into the record. Mr. Ellingsworth suggested that the City Manager review the Policy Statement and identify those items which are of spe- cific concern to the Commission. Mayor Lynch stated that he felt any directives to be addressed by City staff should be delegated by the City Manager to the appropriate departments to avoid any duplicated effort or misunderstandings. On further discussion, the consensus was that the Steering Committee should take the responsibility of determining who will be the lead agency for following through on each of the seven directives. 7 6/21/94 Mrs. Smith moved to accept the Visions 2005 Policy Statement in concept, with the understanding that specific issues requiring Commission direction or approval would be brought back to the Commission on an individual basis, seconded by Dr. Alperino 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. Mayor Lynch expressed the Commission's appreciation to the Steering Committee for the many hours of hard work and was optimistic that Visions 2005 will be as successful as the imple- mentation of Visions 2000. 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. 54-94: An Ordinance providing for the certification and adoption of the assessment roll for the Bank- er's Row Assessment District. Planning and Zoning Board recom- mends approval. Prior to consideration of passage of this ordi- nance on Second and FINAL reading, a public hearing has been scheduled to be held at this time. 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. (Copy of Ordinance 54-94 is on file in the official Ordinance Book) Assistant City Attorney Tolces 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. Tom Haenlon, 301 N.E. 6th Avenue, pointed out that the total cost of the entire project was $333,000, which was $41,000 over the projected budget. The cost of the property was $35,000 and the cost of the parking lot alone was $180,000, thereby bringing the total cost of the entire Banker's Row project to $548,000. Mr. Haenlon felt that the City should exercise more -8- 6/21/94 'oversight over projected expenses of projects which involve the Community Redevelopment Agency. The public hearing was closed. Dr. Alperin moved for the adoption of Ordinance No. 54-94 on Second and FINAL 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. Prior to roll call Mayor Lynch agreed that the Banker's Row improvement project exceeded the cost originally anticipated by both the City and the CRA. 10.B. REQUEST FOR WAIVER/DELRAY BEACH YACHT CLUB CONDOMINIUM: Consider a request to waive the provisions of LDR Section 4.3.4(J) (a) to allow a base grade of seven (7) feet above mean sea level to be used for determining the height limitation of the Delray Beach Yacht Club Condominium project located at the north- west corner of MacFarlane Drive and Ingraham Avenue. Matt Gracey, representing the Delray Beach Yacht Club Condominium, stated that the request for the waiver to LDR Sec- tion 4.3.4(J) (a) is necessary to accommodate the height of the four-story building so that the roof will not be flat, but will be aesthetically pleasing and not out of character with the surrounding neighborhood. He added that allowing a base grade of seven feet above mean sea level also greatly affects the cost of flood insurance. 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. Bill Mudqett, President of the Bar Harbour Association, supported the request, noting that the units of his condominium building would be looking down on a flat, unattractive roof if the waiver is not granted. The public hearing was closed. Mayor Lynch announced that he would abstain from the vote. Mr. Ellingsworth moved to approve the waiver request to the provisions of LDR Section 4.3.4(J) (a) to allow a base grade of seven (7) feet above mean sea level to be used for determining the height limitation of the Delray Beach Yacht Club Condominium, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9 6/21/94 It was the consensus of the Commission to rearrange the order of the ordinances (public hearing items) in order to accom- modate those individuals in attendance who wished to address the Commission on these items. 10.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. Planning and Zoning Board recommends approval. 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. 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 Assistant 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 approval of Ordinance No. 30-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mayor Lynch - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.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. Planning and Zoning Board recommends approval. 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. 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 6/21/94 CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant 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. Mr. Randolph moved for the adoption of Ordinance No. 31-94 on Second and FINAL 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. 10.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. Planning and Zoning Board recommends approval. 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. 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; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 32-94 on Second and FINAL 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. 10.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. Planning and Zoning Board recommends approval. Prior to consideration of passage of this -11- 6/21/94 'ordinance on Second and FINAL reading, a public hearing has been scheduled to be held at this time. 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 Assistant 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. Sandra Almy, representing the Beach Property Owners Association, was opposed to any additional commercialization of the municipal beach. She asked for clarification of the language contained in the last sentence Section 4.4.22(A), "Purpose and Intent" of the Open Space district. The public hearing was closed. Discussion ensued, with the consensus being to modify the last sentence of Section 4.4.22(A) to read as follows: "Created to reflect some of the open space areas as shown on the Future Land Use Map, the OS District is applied to portions of land development projects which are primarily open space in nature (e.g., water bodies) and to other open space areas, in- cludinq the municipal beach, which are normally not commercial- ized.'' Mr. Randolph moved for the adoption of Ordinance No. 33-94 on Second and FINAL Reading as amended, 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 vote passed on a 5 to 0 vote. At this point, Ordinance No. 42-94 was moved forward on the agenda. 10.O. ORDINANCE NO. 42-94: An ordinance rezoning Lake Ida Park from CF (Community Facilities) District to OS (Open Space) District. Planning and Zoning Board recommends approval. 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. -12- 6/21/94 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. The Assistant 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. Jim Barnes, representing Palm Beach County, informed the Commission that the County requests that the parcel be zoned to OSR rather than OS because it would more appropriately fit the County's Parks and Recreation Department's planned activities for that particular parcel. The public hearing was closed. Dr. Alperin moved to DENY Ordinance No. 42-94 on Second and FINAL 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. 10.P. ORDINANCE NO. 43-94: An ordinance rezoning Lake Ida Park (at Lake Drive) from CF (Community Facilities) District to OS (Open Space) District. Planning and Zoning Board recommends approval. 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. 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. -13- 6/21/94 The Assistant 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. Jim Barnes, Palm Beach County, stated that the County requests that the parcel be zoned to OSR in order to maintain consistency. Susan Brown, resident, stated that the Lake Ida Park contains a playground which is used by children living in the neighborhood. This particular neighborhood is becoming a commu- nity of young families and the park will be more intensely used as a playground facility. The boat ramps were considered a nuisance by the community and generate a lot of traffic from Swinton Avenue through the neighborhood. Since it is a City park, Mrs. Brown wondered what interest the County has other than maintaining the boat ramp. The public hearing was closed. Mr. Barnes responded that he did not have that informa- tion tonight; however, he would refer her question to County Parks and Recreation staff. Dr. Alperin moved for the adoption of Ordinance No. 43-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11.B.1. Jean Beer, Chairman of the Planning and Zoning Board, reported that the P&Z Board held a joint meeting with the Coun- ty's Land Use Advisory Board (LUAB) on June 13th. They discussed areas of inconsistencies between the City and the County's Future Land Use Plans. Ms. Beer brought attention to a special item which was brought before the County by Delray Auto Storage, Military Trail, requesting a conversion of a non-conforming use to conforming with a potential for expansion. This area is desig- nated as Transitional on the City's Future Land Use Plan and is zoned for medium residential. Ms. Beer requested that a repre- sentative from the Commission and Planning and Zoning attend and address the issue when it is considered by the Board of County Commissioners, to inform the County that the City does not sup- port the L.U.A.B.'s recommendation that a portion of the property be designated as commercial. Mayor Lynch requested that a letter be sent to Jack Horniman at the Municipal League advising them of this situation and asking for the League's support for the City's position. -14- 6/21/94 ll.B.2. Fredda Weinberg, 15234 Lakes of Delray Boulevard, who stated that the Atlantic Gardens computer learning center, as far as she is concerned, has been shut down by Lt. Scott Lunsford of the Police Department, and she feels this is having a detrimental impact on the children who had been taking advantage of the program. She expressed displeasure with her perception of how she has been treated over the situation with moving computers from Atlantic Gardens to Pompey Park and Carver Estates. Mayor Lynch stated that he was confused by Ms. Weinberg's comments tonight and felt that her concerns were not an issue for Commission consideration. He suggested to Ms. Weinberg that she contact the City Manager for an appointment to discuss the situation and, hopefully, resolve any misunderstand- ings. 12. First ReadinHs: 12.A. ORDINANCE NO. 55-94: An ordinance amending Chapter 100, "Nuisances", Section 100.01, "Existence of Weeds, Trash, and Vegetation Upon Lands Prohibited", of the City's Code, to prohib- it the placement of pyramid-shaped or similar type markers within a public right-of-way. If passed, public hearing July 5, 1994. The City Manager presented Ordinance 55-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAP- TER 100, "NUISANCES", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 100.01, "EXISTENCE OF WEEDS, TRASH, AND VEGETATION UPON LANDS PROHIBITED" TO PROVIDE FOR THE PROHIBITION OF THE PLACEMENT OF PYRAMID-SHAPED MARKERS OR OTHER SIMILAR TYPE MARKER WITHIN A PUBLIC RIGHT-OF-WAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the Ordinance. Mrs. Smith moved for the adoption of Ordinance No. 55-94 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; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 21-94: An ordinance annexing a 1.57 acre parcel (Boy's Farmers Market at 14378 Military Trail), small scale land use map amendment to affix official designation of GC (General Commercial), and establishing initial zoning of GC -15- 6/21/94 General Commercial) District. If passed, public hearing July 5, 1994. The City Manager presented Ordinance NO. 21-94: 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 14378 MILITARY TRAIL, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDA- RIES OF THE CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNA- TION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; 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 Assistant City Attorney read the caption of the Ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 21-94 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 34-94: An ordinance rezoning Del-Aire Golf Course from OS (Open Space) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recommends approval. 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. 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, ON THE EAST SIDE OF MILITARY TRAIL; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER -16- 6/21/94 CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant 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. Mr. Ellingsworth moved for approval of Ordinance No. 34-94 on Second and FINAL 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. 10.~. ORDINANCE NO. 35-94: An ordinance rezoning The Hamlet Golf Course from OS (Open Space) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recommends approval. 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. 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 Assistant 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. Mr. Randolph moved for the adoption of Ordinance No. 35-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said vote passed with a 5 to 0 vote. 10.I. ORDINANCE NO. 36-94: An ordinance rezoning Sherwood Park Golf Course from OS (Open Space) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recommends approval. Prior to consideration of passage of this ordinance on -17- 6/21/94 Second and FINAL reading, a public hearing has been scheduled to be held at this time. 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- 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 Assistant 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. Mrs. Smith moved for the adoption of Ordinance No. 36-94 on Second and FINAL Reading, seconded Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.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. Planning and Zoning Board recommends approval. 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. 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 Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally adver- -18- 6/21/94 '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. 37-94 on Second and FINAL Reading, 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. 10.K. ORDINANCE NO. 38-94: An ordinance rezoning Barwick Park from CF (Community Facilities) District to OS (Open Space) District. Planning and Zoning Board recommends approval. 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. 38-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A 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 Assistant 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 38-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.L. ORDINANCE NO. 39-94: An ordinance rezoning the Cather- ine Strong Center from CF (Community Facilities) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recommends denial. 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. 39-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING A -19- 6/21/94 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.W. 7TH STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant 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. Mr. Randolph moved for the adoption of Ordinance No. 39-94 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.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. Planning and Zoning Board recommends approval. 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. 40-94: 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. The Assistant 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. Mrs. Smith moved for the adoption of Ordinance No. 40-94 on Second and FINAL Reading, seconded by Mr. Randolph. -20- 6/21/94 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. 10.N. ORDINANCE NO. 41-94: An ordinance rezoning Pompey Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recommends approval. 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. 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 N.W. 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. The Assistant 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. 41-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 10.O. ORDINANCE NO. 44-94: An ordinance rezoning the Boy Scout Hut property from CF (Community Facilities) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recommends approval. 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. 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 -21- 6/21/94 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. The Assistant 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 44-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.R. ORDINANCE NO. 45-94: An ordinance rezoning Pioneer Park from CF (Community Facilities) District to OS (Open Space) District. Planning and Zoning Board recommends approval. 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. 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. The Assistant 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. Mr. Randolph moved for the adoption of Ordinance No. 45-94 on Second and FINAL 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. 10.S. ORDINANCE NO. 46-94: An ordinance rezoning Merritt Park from CF (Community Facilities) District to OSR (Open Space -22- 6/21/94 'and Recreation) District. Planning and Zoning Board recommends approval. 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. 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.W. 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. The Assistant 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. Mrs. Smith moved for the adoption of Ordinance No. 46-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.T. ORDINANCE NO. 47-94: An ordinance rezoning Veterans Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recommends approval. 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. 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 INTRACOAST- AL WATERWAY; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -23- 6/21/94 The Assistant 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. 47-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 10.U. ORDINANCE NO. 48-94: An ordinance rezoning Currie Commons from CF (Community Facilities) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recom- mends approval. Prior to consideration of passage of this ordi- nance on Second and FINAL reading, a public hearing has been scheduled to be held at this time. 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. The Assistant 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 48-94 on Second and FINAL 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. Said motion passed with a 5 to 0 vote. 10.V. ORDINANCE NO. 49-94: An ordinance rezoning Knowles Park from CF (Community Facilities) District to OS (Open Space) District. Planning and Zoning Board recommends approval. 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. 49-94: -24- 6/21/94 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- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The Assistant 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. Mr. Randolph for the adoption of Ordinance No. 49-94 on Second and FINAL 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. 10.W. ORDINANCE NO. 50-94: An ordinance rezoning Miller Park from CF (Community Facilities) District to OSR (Open Space and Recreation) District. Planning and Zoning Board recommends approval. 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. 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. The Assistant 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. -25- 6/21/94 Mrs. Smith moved for the adoption of Ordinance No. 50-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 10.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. Planning and Zoning Board recommends denial. 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. 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 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. The Assistant 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 the adoption of Ordinance No. 51-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.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. Planning and Zoning Board recommends approval. 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. 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- -26- 6/21/94 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. The Assistant 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. Mr. Ellingsworth moved for the adoption of Ordinance No. 52-94 on Second and FINAL 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. 10.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- ty. Planning and Zoning Board recommends approval. 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. 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. The Assistant 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. Mr. Randolph moved for the adoption of Ordinance No. 53-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. -27- 6/21/94 At the point the City Commission returned to the Regu- lar Agenda items. 9.C. HOLD HARMLESS AGREEMENT/MURPHY MARINE: Consider ap- proval of a hold harmless agreement with Murphy Marine which is supplying the barge for the City's Fourth of July fireworks. City Attorney has reviewed and approved the agreement as to form and legal sufficiency. Dr. Alperin moved to accept the Hold Harmless Agreement with Murphy Marine, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST FROM JOINT VENTURE/FOURTH OF JULY ACTIVITIES: Consider Joint Venture request for use of public property, side- walks, streets, various ordinance waivers, and city staff assis- tance for various programs being sponsored during the Fourth of July weekend. Mr. Ellingsworth moved for approval of the request from Joint Venture for the Fourth of July activities, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.E. (ADDENDUM ITEM) - REQUEST FROM JOINT VENTURE/SUMMER NIGHTS PROGRAM: The City Manager stated that part of this request is for the City to absorb the cost of any City staff overtime ex- penses. An estimate of overtime costs is approximately $5,000. There is funding available in contingency accounts. From the aspect that this is a new activity the City would like to help get it started. If this program is successful and continues, then the Joint Venture would have to make provisions to pick up these costs in the future. Mayor Lynch stated that he would support the program for this year with the understanding that it is not a precedent. If there were no other means of revenue available, then future costs would have to be equally shared. Mayor Lynch suggested that the item be placed on a workshop agenda in order to discuss long term planning for funding strategies for these types of activities. Dr. Alperin moved to approve the request for overtime costs in the amount of $5,000 for the Joint Venture's Summer Nights Program and that the streets will be closed as requested; with the understanding that the City will support the program as a one-time deal with the understanding that if the request re- turns to the Commission in the future it will be a different proposal, seconded by Mr. Ellingsworth. Upon roll call the Com- -28- 6/21/94 ~mission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. CONSIDERED PREVIOUSLY. 9.G. REMOVED 9.H. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMIS- SION: Appoint a regular member (neutral capacity) to the Public Employees Relations Commission to a term ending June 26, 1998. Mayor Lynch requested that the appointment be postponed due to the fact that additional information was needed in regard to the eligibility of an applicant. Mr. Ellingsworth moved to postpone the appointment to the Public Employees Relations Commission, seconded by Mrs. 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. 9.I. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two regular members and one alternate member to the Civil Service Board to terms ending July 1, 1996. Mr. Ellingsworth moved to appoint J. Michael Pakrodooni as a regular member to the Civil Service Board to a term ending July 1, 1996, seconded by Mrs. Smith. 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. Mr. Randolph moved to appoint Wibur Chancy as a regular member to the Civil Service Board to a term ending July 1, 1996, 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. Mayor Lynch moved to appoint Harvey L. Brown, Jr. as an alternate member to the Civil Service Board to a term ending July 1, 1994. 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.J. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two members to the Downtown Development Authority to terms ending July 1, 1997. Mrs. Smith moved to appoint James Stahl to the Downtown Development Authority for a term ending July 1, 1997, seconded by -29- 6/21/94 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. Dr. Alperin moved to appoint Christine Wenzel to the Downtown Development Authority for a term ending July 1, 1997, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows~ Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a member to the Community Redevelopment Agency to a term ending July 10, 1998. Mr. Randolph moved to reappoint Kevin Egan to the Community Redevelopment Agency to a term ending July 10, 1998, 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.L. TEE MARKER REPLACEMENT AGREEMENT/MUNICIPAL GOLF COURSE: Consider entering into a five-year agreement with Sandshop Golf Signs to provide new tee signs for the fourth tee hitting posi- tion on all Golf Course tees. After brief discussion, Mr. Ellingsworth moved to approve the Tee Marker Replacement Agreement/Municipal Golf Course subject to the approval of the contract by the City Attor- ney. The Commission would like to see the contract being written with an escape clause, a time termination clause, advertising censorship, and hold a harmless agreement, seconded by Mr. Ran- dolph. 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public Immediately followinq Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inquiries. The City Manager stated that there was a concern ex- pressed as to whether the lime softening plant was operating correctly. He pointed out that the water treatment plant has been producing high quality flow of water since it was first placed in operation on December 24, 1992. The hardness of the water has been reduced 55%, and the color units have been reduced by 32%, timidity units have been reduced by 20%. He noted that a graph trend analysis outlining monthly changes has been was pre- pared and that the latest inspection by the Department of Health -30- 6/21/94 and Rehabilitative Services on April 1, 1994 indicated that no deficiencies have been observed at the operation of the plant. He stated that there was also a question as to whether the new master lift station was not operating correctly and responded that the boaster pump station project included the new construction of several sewage lift stations, as well as the extensive rewiring of underground piping and was designed in accordance with perimeters and recommendations as outlined in the City's Wastewater Transmission System Master Plan. He explained that the new boaster pump station relies on computer software for automated operation and remote monitoring by City maintenance personnel. The software requires a period of adjustment and fine tuning to assure efficiency and overall operation. Initial attempts to operate the system did result in the inability of two lift stations to pump at a sufficient rate to keep up with suffi- cient water inflows. This was due to the fact that the software was written based on estimated pump control settings at the new master station in allowing excessively high pressures in the transmission system. These initial settings were predicated on calculated system operational characteristics with the under- standing that adjustments would be necessary to continue the actual operating requirements once the system was up and operat- ing. He added that this process was anticipated from the incep- tion of the project and is the current focus of efforts to com- plete the facility. The City's consultant has been instructed the contrac- tor to revise the software logic in accordance with the original design and this task will be completed during the month of June. Since the City has a responsibility to its residents to maintain the operation of the wastewater transmission system on an unin- terrupted basis, it is not prudent to proceed with the abandon- ment and the demolition of the existing master station until all the adjustments to the new boaster station is completed and the new system is 100% operational for 30 days. The City Manager stated that there was also concern expressed of Lift Station # 11 at the Boy Scout Hut on Lake Ida Road and is operating with no problems prior to the installation of the new odor removal system in March. In response to an inquiry regarding the City using police officers to run criminal checks on the character of indi- viduals who appear before the City Commission. He reported that the incident which was referred to was a check on Rev. Semmie Taylor. 13. Comments and Inquiries on Non-Aqenda Items. 13.A.1. Mrs. Smith inquired as to the status of the swimming pool at Pompey Park. -31- 6/21/94 The City Manager responded that the City Commission recently approved a service authorization for the preliminary design of the pool, and pointed out that the Commission has not received any correspondence regarding the issue of the depth of the swimming pool. Information that has been submitted relates to the size and the square footage of the pool and the bath house. The only thing that was included in the report to the Commission was that the pool would not have diving facilities or the depth to accommodate diving. Mrs. Smith commented that she felt the June 14th spe- cial workshop was beneficial; however, she felt emphasis should have been placed on receiving comments from the African-American youth and not from other individuals wishing to voice their concerns. Mayor Lynch pointed out that it was his intention that the special workshop was to receive input from all youths in the City and not just from a specific group. He apologized for any embarrassment which the Commission may have received. Since there were a number of diverse issues to consider at a workshop meeting, Mayor Lynch suggested that any member of the Commission could ask for direction prior to discussion on a certain item. He felt that the City was slowly making progress and was optimis- tic that future meetings with a specific group will be successful for all individuals to reach an understanding in regard to cer- tain issues. 13.A.2. Dr. Alperin noted the poor maintenance of landscaping in the area of the City's cemetery, along the north side of S.W. 10th Street. The City Manager stated that the area is presently being used as a work area by a construction contractor; however, he would look into the matter. 13.A.3. Mr. Ellingsworth pointed out that two members of the Affordable Housing Advisory Committee have missed six consecu- tive meetings and asked that staff check into attendance records. It was suggested by Mr. Ellingsworth that the City Manager need not address comments and inquiries on non-agenda items from the public if the individual who made the inquiry is not present when the issue is being discussed. The City Manager stated that if the individual is not able to be present when the item is being reported he would then provide a written response to the inquiry. He did not feel this was imposing a burden upon him and that it was important that everyone should be well informed. 13.A.4. Mr. Randolph commented that he hoped we were not unduly burdening the overtime situation since there were two Police officers in the Chambers throughout the meeting this evening who -32- 6/21/94 were doing nothing for fear that somebody might show up and cause a problem. He hoped that this would be controlled in the future and expressed his concern that Police officers are called in because a certain faction might show up. 13.A.5. Along this same line, Mayor Lynch suggested that per- haps something could be arranged where a Police officer could be "on call" in case there is a problem instead of having the Police presence on a regular basis. Mayor Lynch noted that development-related board ap- pointments will be coming up soon; for example, the Planning and Zoning Board will have several openings, and these will be coming to the Commission in August. He asked that the openings be publicized in an effort to get as many good candidates as possi- ble and suggested that Commission members solicit individuals to apply for these very important advisory boards. It was reported by Mayor Lynch that the Chamber of Commerce will conduct a Youth Leadership program. He noted that the Commission is available to respond to inquiries and that young adults do not have to wait for a Commission meeting in order to voice their concerns. He suggested that information be made available by staff on various issues such as how to get an item on the agenda and how to address the Commission, etc. Mayor Lynch requested an update regarding the status of financial feasibility studies relative to the possible acquisi- tion of Lakeview Golf Course. 13.B. City Attorney - None. 13.B.C. The City Manager informed the Commission that a storm or a small tornado had caused some damage at Miller Park. Joe Weldon, Director of Parks and Recreation, reported there was damage to three trees at Miller Park and that one of the trees had fallen on an automobile. He noted that there were no personal injuries, which was fortunate since the park was full of young people at the time the storm hit. There being no further business, Mayor Lynch declared the meeting adjourned at 9:30 P.M. City Clerk -33- 6/21/94 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of June 21, 1994, which min- utes ~ere formally approved and adopted by the City Commission on City Clerk 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. -34- 6/21/94