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08-16-94 AUGUST 16, 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, August 16, 1994. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Rabbi Silver, Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval: The City Manager noted an addendum to the Regular Agenda, Item 9.H. (Emergency Repairs to Clarifier No. 3/Water Treatment Plant). The City Attorney requested that the following items be removed from the Agenda: Item 9.D. (Ordinance No. 64-94); and, Item 9.E. (Ordinance No. 65-94). These two ordinances need clari- fication and will be placed on the next agenda for First Read- ings. Mr. Ellingsworth moved approval of the Agenda, as amended, 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. Approval of Minutes: None Proclamations: 6.A. National Osteopathic Medicine Week - October 9-15, 1994: Mayor Lynch acknowledged the Proclamation proclaiming that National Osteopathic Medicine Week be observed during Octo- ber 9-15, 1994. 6.B. Literacy Awareness Month - September, 1994: Mayor Lynch acknowledged the Proclamation proclaiming the month of September, 1994 as Literacy Awareness Month. 7. Presentations: 8. CONSENT AGENDA: City Manager recommends approval. 8.A. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/BEACH NOURISHMENT Approve proposed new interlocal agreement with Palm Beach County relative to funding for the Beach Nourishment Project. 8.B. INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, N.P.D.E.S. PROGRAM: Approve interlocal agreement with Northern Palm Beach County Water Control District as part of the City's effort to comply with the EPA's National Pollutant Discharge Elimination System (N.P.D.E.S.). 8.C. RESOLUTION NO. 63-94: Authorize agreement with DOT and the CSX Transportation Company for the installation and mainte- nance of certain grade crossings and traffic control devices at S.W. 10th Street. The caption of Resolution No. 63-94 is as follows: A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF RAILROAD GRADE CROSSINGS, INSTALLATION OF TRAFFIC CONTROL DEVICES FOR RAILROAD GRADE CROSSINGS, AND FUTURE MAINTE- NANCE AND ADJUSTMENT OF SAID CROSSINGS AND DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. (Copy of Resolution No. 63-94 is on file in the offi- cial Resolution Book) 8.D. RESOLUTION NO. 64-94: Approve a resolution assessing costs for abatement action required to demolish an unsafe struc- ture at 617 N.W. First Street. The caption of Resolution No. 64-94 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 LAD 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 DEARLY BEACH; 2 8/16/94 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 SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 64-94 is on file in the offi- cial Resolution Book). 8.E. RESOLUTION NO. 65-94: Approve acquisition of vacant property located at the corner of N.W. 2nd Street and NoW. 9th Avenue from Lori J. Durante to provide for affordable housing, pursuant to the State Housing Initiative Program (SHIP), in the amount of $8,500.00. The caption of Resolution No. 65-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 65-94 is on file in the offi- cial Resolution Book) 8.F. RESOLUTION NO. 66-94: Approve acquisition of vacant property located at the corner of N.W. 2nd Street and N.W. 10th Avenue from Regenia and Larry Scott to provide for affordable housing, pursuant to the State Housing Initiative Program (SHIP), in the amount of $8,000.00. The caption of Resolution No. 66-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 66-94 is on file in the offi- cial Resolution Book) -3- 8/ 6/9 8.G. RESOLUTION NO. 67-94: Approve acquisition of vacant property located on N.W. 10th Avenue, south of N.W. 2nd Street from Regenia and Larry Scott to provide for affordable housing, pursuant to the State Housing Initiative Program (SHIP), in the amount of $8,500.00. The caption of Resolution No. 67-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 67-94 is on file in the offi- cial Resolution Book) 8.H. RESOLUTION NO. 68-94: Approve acquisition of vacant property located at the corner of S.W. 4th Street and S.W. 7th Avenue from the Church of the Living God, New Macedonia, to provide for affordable housing, pursuant to the State Housing Initiative Program (SHIP), in the amount of $6,500.00. The caption of Resolution No. 68-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 68-94 is on file in the offi- cial Resolution Book) 8.I. RESOLUTION NO. 69-94: Approve Resolution of Necessity authorizing the Filing of Eminent Domain proceedings for a Parcel Required for S.W. 10th Avenue. This is the last parcel needed for the construction of S.W. 10th Avenue from Linton Boulevard to S.W. 10th Street. The caption of Resolution No. 69-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY, AS MORE PARTICULARLY DESCRIBED HEREIN, FOR THE 4 8/16/94 PUBLIC PURPOSE OF CONSTRUCTING SOUTHWEST 10TH AVENUE FROM LINTON BOULEVARD TO SOUTHWEST 10TH STREET, FINDING THAT THE ACQUISITION OF SAID PROPERTY IS REASONABLE NECESSARY FOR THE CONSTRUCTION OF SOUTHWEST 10TH AVENUE, PRO- VIDING THAT IN THE EVENT EMINENT DOMAIN PROCEEDINGS ARE NECESSARY, THE CITY ATTORNEY IS AUTHORIZED TO RETAIN THE SERVICES OF APPRAISERS, EXPERTS IN OTHER DISCIPLINES, AND PRIVATE COUNSEL TO ASSIST THE CITY ATTORNEY IN THIS MATTER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 69-94 is on file in the offi- cial Resolution Book) 8.J. RATIFICATION OF SCRWTD BOARD ACTIONS TAKEN JULY 21, 1994: Approve the 1994/95 Budget, Capital Projects, Capital Assets, and Repair and Replacement expenditures. 8.K. CONTROLLED BURN OF LEON WEEKES ENVIRONMENTAL PRE- SERVE/THE NATURE CONSERVANCY: Approve agreement with The Nature Conservancy to conduct two controlled burns at the Leon Weekes Environmental Preserve. The agreement calls for the Nature Conservancy to conduct the first burn at a cost of $8,527.00, with the City providing a 16' fire break around the preserve at an estimated cost of $7,150.00. A second burn is required, and is estimated to cost significantly less than the first. 8.L. AMENDMENT TO LEASE AGREEMENT/BUCKY DENT BASEBALL SCHOOL: Approve Addendum No. 5 to the lease agreement with the Bucky Dent Baseball School, wherein a provision is added for the payment of sales tax on the monthly rent collected. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - Cabana and beach equipment rental - Bandana Beach Service, Inc. in the annual amount of $42,000. 2. Contract Renewal - Computerized irrigation system with Hector Turf - in the amount of $49,234.00 with funding from the General Construction Fund - Landscaping/ Beautification (Account No. 334-4170-572.63-20). 3. Bid Award - Housing Rehabilitation Grant Award through the State Housing Initiatives Partnership Program (SHIP) - in the amount of $26,110.00, with funding from the Community Development SHIP Pro- gram (Account No. 118-1924-554.49-90), through budget transfer from prior years' SHIP Revenues (Account No. 118-0000-337.48-00). -5- 8/16/94 4. Contract award - Johnson-Davis, Inc., for con- struction of approximately 1,788 feet of 12" D.I.P. water main along N.E. 3rd Avenue between N.E. 19th Street and Atlantic High School, in the amount of $119,017.00, with funding from Water and Sewer Revenue Bond - Water Main N.E. 3rd Avenue (Account No. 440-5179-536-63.58). 5. Bid Award - Feterl Manufacturing, Co. for Corner Mounted Crane/Service Truck Body - in the amount of $30,475, with funding from Water & Sewer - Machinery/Equipment (Account No. 441-5161-536-64.90). Dr. Alperin moved approval of the Consent Agenda, 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. 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 August 1 through August 12, 1994. Dr. Alperin moved to receive and file the report, 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. 9.B. AGREEMENT WITH TROPIC HARBOR ASSOCIATION FOR A/C DIS- CHARGE LINES REIMBURSEMENT: Consider a request from the Tropic Harbor Homeowners Association regarding the cost of the temporary connections for the A/C discharge lines. The City Manager stated that new A/C discharge lines were connected to the old system and under Federal regulations, the A/C discharge lines had to be removed from the storm water system. An estimate of approximately $3,000 was given to make the temporary connections, however, the cost came to over $10,000. The Tropic Harbor Homeowners Association has requested that the City split the cost difference. He further stated that it is staff's recommendation that the City does not provide assistance since the cost would benefit the homeowners associa- tion. Mayor Lynch asked if anyone would like to address the Commission on this issue. 6 8/16/94 William Rackle, President of the Tropic Harbor Homeown- ers Association, stated that he was not president last year when all the work was being done, however, he was on the Maintenance Committee and was familiar with all the activities under consid- eration. He further stated that none of the officers of the Association had any discussion with representatives of the City regarding the cost of the connections. The contractor, Tiger Construction, had informed the Association of the estimated cost. The officers of Tropic Harbor Homeowners Association feel that when the former president signed the contract stating that the Association would be responsible for any overages over the cost of $3,000, the members thought that any excess would be very minimal and not over three times the original cost. He pointed out that the unit owners were not assessed enough to cover the a/c discharge lines and sewer connection. He felt that an injustice has been done to the elderly residents of Tropic Harbor and that the residents of Tropic Harbor should not be penalized if there was an error in the calculations for the work. Mayor Lynch asked if this was an appropriate cost estimate, or perhaps someone was taking advantage of the situa- tion. The City Manager responded that as far as staff is con- cerned, this is an appropriate cost. William Greenwood, Director of Environmental Services, pointed out that correspondence to the Tropic Harbor Homeowners Association indicated that the situation had to be coordinated. The disconnection of the A/C lines were to have been done prior to the installation of the storm system. Since this was not done the contractor had to handle the water flow during the construc- tion. Dr. Alperin asked if the Tropic Harbor Homeowners Association had been aware that they were responsible for the disconnection to the sewer system. Mr. Rackel responded that the contractor had provided the $3,000 cost estimate. He pointed out that the sewer system itself is a public system which is collapsing after twenty-five years of use and the only private part are the small individual lines. Dr. Alperin recalled that when this issue was before the Commission years ago, former Commissioner Mouw had made a point of directing the Commission that even though it was a private system, it should have been a public system and that the City should cover the expense of installing a new system. Howev- er, any other costs beyond installing the new system would have to be covered by private monies. Dr. Alperin stated that an mistake has been made regarding the estimate of $3,000 but it is not the City's responsibility that it is beyond that amount. ? s/ 6/94 Mayor Lynch agreed that it is not the City's responsi- bility and that the problem is that of the Tropic Harbor Homeown- ers Association's relationship with Tiger Construction. It was pointed out by Mr. Greenwood that the costs would have been more than doubled if the work was performed by a different contractor other then Tiger Construction. The rationale being that the contractor was already on the job because of their relationship with the City. The City has the legal agreement and research documents stating that the City would proceed with the installation of the storm water system and that the Tropic Harbor Homeowners Association would then turn over to the City easements, plus the correspondence on the particular estimate, along with the actual number of connections that City staff found during the actual excavation. Mr. Alperin moved to support staff's recommendation that the temporary connections for the a/c coolant water dis- charge system does not provide any public benefit and are solely for the benefit of Tropic Harbor Association, that the City will not participate in the sharing of such cost, and that the Associ- ation should pay the entire cost of $10,429.55, 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. It was noted by the City Manager that costs were al- ready paid for by the City and that the contractor, Tiger Con- struction, was no longer in business. Prior to roll call Mayor Lynch requested that staff work out some reasonable payment terms with the Tropic Harbor Homeowners Association. 9.C. CHANGE ORDER NO. 3/MOLLOY BROTHERS, INC.: Consider Add Change Order No. 3 and 5 day extension to the contract time with Molloy Brothers, Inc., for Street Reconstruction and Utility Improvements (NW/NE) project; adding replacement of existing deteriorated sanitary manhole on Del Aire Boulevard in the Pines of Delray, with funding from Water & Sewer Manhole Rehabilitation (Account No. 441-5178-536.61-84) . The City Manager explained that the request is to replace a failing manhole on S.W. 10th Court, Pines of Delray Subdivision in the amount of $8,850.00. Dr. Alperin moved approval of Change Order No. 3 with Molloy Brothers, Inc. in the amount of $8,850.00 for a five day extension, 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. 8 8/16/94 9.D. RESOLUTION NO. 70-94: Consider a resolution establish- ing the Pompey Park Committee as an advisory body to the Commis- sion, to make recommendations regarding the programs and activi- ties to be held at Pompey Park. The City Manager presented Resolution No. 70-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE POMPEY PARK COMMITTEE AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR ITS PURPOSE, PROVIDING FOR ITS MEMBERSHIP, QUALI- FICATIONS AND TERMS; PROVIDING FOR A QUORUM AND VOTING; PROVIDING FOR OFFICERS, SUBCOM- MITTEES AND SUBCOMMITTEE MEMBERSHIP; PROVID- ING FOR MEETINGS AND RECOMMENDATIONS; PROVID- ING FOR THE DURATION OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 70-94 is on file in the offi- cial Resolution Book) Mayor Lynch stated that he had recently met with Broth- ers Coming Together (BCT) to discuss their involvement with the Pompey Park Advisory Committee since Pompey Park was the location for the organization's weekly picnic. He noted that four of the members of this organization were appointed to the Committee and that the responsibilities of the Committee were at the discretion of the Director of Parks and Recreation. Concern was expressed by Dr. Alperin that this resolu- tion will create another formal City Advisory Board and would also create a bypass of the City's Parks and Recreation Depart- ment by giving the Committee direct contact with the Commission. Discussion ensued regarding the Pompey Park Advisory Committee working directly with the Director of Parks and Recrea- tion, or his designated liaison, and should there be any diffi- culty regarding any problems, then the Committee could feel free to contact the Commission. The City Manager pointed out that Pompey Park is a City owned facility and there have been concerns expressed in refer- ence to its aspects and operations. Mayor Lynch stated that he had mixed emotions regarding the Committee. He felt that it would be a more efficient operation to have the Committee deal directly with the Parks and Recreation Department; however, he felt it would be a good learning experience for the Committee to work with the Commission. He suggested that it would more expeditious for the Committee to work directly with the Parks and Recreation Department. -9- 8/16/94 It was emphasized by the City Manager that if the Commission decides to have the Pompey Park Advisory Committee report directly to the Parks and Recreation Department, it should be made very clear that should there the Committee have any problems they would be very welcomed to address the Commission. He added that it seemed to be the perception of the Committee that some of their concerns have only gotten as far as the Direc- tor of Parks and Director and perhaps this issue needed to be reviewed. Dr. Alperin commented that if there that is a problem with the system, then perhaps the system needs to be corrected. It was pointed out by Mr. Randolph that only one person is responsible to make those changes, that being the City Manag- er. Mr. Randolph did not feel it was the Commission's role. Mrs. Smith moved to create the Pompey Park Advisory Committee and that it be the discretion for the Committee to determine whether or not they would prefer to report directly to the Director of Parks and Recreation or become a formal City Board, seconded by Mr. Lynch. (Mayor Lynch passed the gavel to Commissioner Alperin in order to second the motion). Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Vice Mayor Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mr. Lynch - Yes. The motion passed with a vote of 3 to 2. Prior to the Commission's action on Resolution No. 70-94, the City Attorney suggested that the last sentence of Section (6) of the resolution be modified. The City Manager stated that he would prefer to have the Committee meet and determine how they would like to operate and then have the Commission take formal action. He agreed that Section 6 of the Resolution should be amended. Also, that he would have staff contact the nine individuals who are under consideration to complete the City's Board application form. It was noted by the City Attorney that staff would need direction so that there is one youth member on each of the sub- committees. The Commission felt that the Committee should include young people between the ages of thirteen through nineteen. Mrs. Smith moved to postpone action on Resolution No. 70-94, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 3 to 2 vote. 9.E. GOLF COURSE CLUBHOUSE CONSTRUCTION CONTRACT / INTERCOUNTY ENGINEERING, INC.: Consider construction contract for Golf Course Clubhouse installation and improvement of on-site 8/ 6/94 utilities - to InterCounty Engineerin§, Inc. - with funding in the amount of $47,760 from Water Utilities (Account No. 441-5161-536.63-50); and $62,750.00 from Sewer Utilities (Account No. 442-5178-536.61-83) through budget transfer from Renewal & Replacement (Account No. 442-5178-536-99-01). The City Manager stated that the item under considera- tion is for the installation of the water line and to replace the sewage lift station. Because of unsatisfactory performance of the lowest bidder, Gateway Construction, staff recommends that the contract be awarded to InterCounty Engineering, Inc., the second low bidder, in the amount of $110,510.00. He pointed out that this work is not included in the Golf Course's Project budget because it is work that needed to be completed and that staff was waiting for the water line looping which will serve the golf course and surrounding area. Mayor Lynch voiced his disappointment that the work was not included and inquired that if the City was not going to construct a new clubhouse, then would the work still need to be completed? In response, the City Manager explained that the lift station was going to be included in one of the projects which was going to be connected with work presently being done on Homewood Boulevard and tie this work into that lift station. The design was changed; otherwise, it would have already been completed. The looping of the water main would not have been installed right now, except for the golf course; nevertheless, it is a desirable project. There are a sufficient number of 2" waterlines which need to be replaced. These lines are replaced when projects are being worked on so that the area does not have to be dug up twice. Mrs. Smith moved for approval of the Golf Clubhouse Construction Contract with Intercounty Engineering, Inc. in the amount of $110,510.00, seconded by Mr. Ellingsworth. 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. Prior to roll call, Mayor Lynch stated that he would not support the request, based on principle, because he felt that the work was being done for the golf course. 9.F. APPOINTMENT TO TEE BOARD OF CONSTRUCTION APPEALS: Appoint a member (real estate broker/insurance agent position) to the Board of Construction Appeals to a term ending August 31, 1996. Mr. Randolph moved to appoint Murray Gold for the real estate broker/insurance agent position to the Board of Construc- tion Appeals to a term ending August 31, 1996, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: -11- 8/16/94 Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point Mr. Ellin9sworth left the Commission Chambers. 9.G. APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint three members to the Delray Beach Housing Authority to four year terms ending July 14, 1998. Dr. Alperin appointed Howard Ellingsworth, C.P.A., to the Delray Beach Housing Authority to a four year term ending July 14, 1998, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed by a 4 to 0 vote. Mr. Ellingsworth returned to the Commission Chambers. Mr. Ellingsworth moved to appoint Kyle Kuberski, a local building contractor, to the Delray Beach Housing Authority to a four year term ending July 14, 1998, seconded by Mr. Ran- dolph. 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. Mr. Randolph stated that he wished to postpone his ap- pointment to the next regular scheduled meeting. Mr. Ellingsworth moved to postpone the appointment for the resident member position until the Commission's Regular Meeting of September 13th, 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.H. (ADDENDUM ITEM) - EMERGENCY REPAIRS TO CLARIFIER NO. 3/WATER TREATMENT PLANS: Approve $20,000.00 to EIMCO Process Equipment to perform emergency repairs to the rake mechanism in Clarifier No. 3 at the Water Treatment Plant. EIMCO is the sole source vendor. Funding is available from Water & Sewer Renewal and Replacement - Other Contractual Services (Account No. 442-5178-536-34.90) through budget transfer from Renewal and Replacement Project Reserves (Account No. 442-5178-536-99.01). The City Manager stated that while staff was cleaning Clarifier No. 3 at the Water Treatment Plan, it was discovered that the rack mechanism was bent and some of the wells were broken. The request is in the amount of $20,000.00 for emergency repair by EIMCO Process Equipment° -12- 8/16/94 Mayor Lynch asked this if this was considered as an emergency situation and if there was insufficient time to go through the bidding process, how do we know the price for repair is competitive? In response, Mr. Greenwood, Director of Environmental Services, stated that the cost will be on a per diem basis. As part of the original quote, it was noted that a large crane would be needed; however, the crane is no longer needed, which is a savings of $150 per hour. He noted that work had begun last Friday and was completed on Sunday afternoon. The final total has not been received but staff is confident it will be less than the original $20,000.00 estimate. Mr. Ellingsworth moved for approval of the expenditure of $20,000.00 for emergency repairs to Clarifier No. 3 at the Water Treatment Plant and declared the repair an emergency status and approval to waive the bidding requirement, 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. Prior to roll call, Mr. Randolph suggested that the motion should reflect up to $20,000.00. Mr. Ellingsworth amended the motion to state approval of the expenditure not to exceed $20,000.00. At this point the Commission moved to the Comments and Inquiries portion of the Agenda. 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. The City Manager stated that at the last meeting sever- al residents had inquired as to how improvements along S.W. 10th Street would affect access to their property. The City Manager reported that he had met with the residents yesterday and report- ed that the impact would be minimal as the new road would en- croach only one to two feet on their driveways. These residents also expressed concern of traffic through the intersection and that of a proposal which was before the Planning and Zoning Board for commercial development of property at the corner of S.W. 10th Street and Linton Boulevard. In response to Mrs. Finst's concern of landscaping of several properties along Atlantic Avenue, approaching Congress Avenue and continuing northward, the City Manager stated that the City will contact the owner of the railroad station on Depot Road. The Rinker facility located on West Atlantic Avenue has -13- 8/16/94 been contacted and was issued a letter regarding nonconforming landscaping. The Chevron Gas Station has been trimming and cleaning property at the northwest corner of Congress/West Atlan- tic Avenues. Also, the City has asked Chevron to remove several dead trees. At the time the Code Enforcement Administrator checked the area, he did not see any overgrowth between the sidewalk and the curb along Congress, west to Lake Ida Road. It was pointed out that the County periodically mows the grass. The Carrie's Warehouse property on Congress Avenue is currently vacant with some outside storage which was believed permitted by the City after the screening was installed. Also, the property owner was sent a nonconforming landscape letter. The City Manager reported that a parcel of land which the City had approved for temporary storage facilities for construction work along 1-95 was still being used by the contractor. The City Manager explained the process of nonconforming landscaping procedures. Weeds or grass which are in excess of 12" in height are considered a nuisance, then it has to be in- spected by Code to determine that indeed a nuisance exists, then the owner has to be notified in writing, at that point the owner has ten days to either remove the nuisance or request a hearing. If the owner does not take action, then work is assigned to a contractor, then the contractor has to complete the work. From the time the nuisance has been brought to the City's attention, the whole process can take up to four weeks. Discussion ensued relative to the nuisance abatement procedures and the time allowed for the property owner to meet compliance. The Commission asked it were possible for staff to provide a list of habitual offenders, and if that is not possi- ble, then perhaps the ordinance should be addressed. At this point, the time being 7:05 p.m, the Commission moved to the duly advertised Public Hearing portion of the agen- da. 10., PUBLIC HEARINGS: 10.A. ORDINANCE NO. 59-94: An ordinance annexing a 1.07 acre parcel known as The Boys Farmers Market (north parcel), providing for small scale land use plan amendment, and establishing initial zoning of GC (General Commercial). The subject property is located on the east side of Military Trail, approximately 2,100 feet north of Atlantic Avenue. 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 59-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A 1.07 ACRE PARCEL -14- 8/16/94 OF LAND KNOWN AS THE BOYS FARMERS MARKET (NORTH PARCEL), AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATION OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION 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. (Copy of Ordinance No. 59-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing as held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Smith moved for approval of Ordinance No. 59-94, subject to the recommendation and findings as outlined in the Staff 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. 10.B. ORDINANCE NO. 60-94: An ordinance amending Chapter 52, "Water", Section 52.39, "Other Fees", by enacting a new Subsec- tion 52.39(I), "Fee for Maintenance of Improvements Within Right-of-Way", to provide for an additional fee to customers for the installation and long term maintenance of irrigation systems and improvements within the adjacent right-of-way. 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 60-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", SECTION 52.39, "OTHER FEES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ENACTING A NEW SUBSECTION 52.39(I), "FEE FOR MAINTENANCE OF IMPROVE- MENTS WITHIN RIGHT-OF-WAY", TO PROVIDE FOR AN ADDITIONAL FEE TO CUSTOMERS FOR THE INSTALLA- TION AND LONG TERM MAINTENANCE OF IRRIGATION SYSTEMS AND IMPROVEMENTS WITHIN THE ADJACENT -15- 8/16/94 RIGHT-OF-WAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 60-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Ellingsworth asked the City Attorney if each area being designated would have to appear before the Commission for approval? In response, the City Attorney explained that Ordinance No. 60-94 gives the Commission the authority; however, each area being designated will have to come before the Commission for approval. Mr. Ellingsworth moved for approval of Ordinance No. 60-94 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. At this point the Commission returned to the Comments and Inquiries portion of the agenda. 11. Comments and Inquiries on Non-Agenda Items from the Public Immediately following Public Hearings. 11.B.1. Fredda Weinberq, 15234 Lakes of Delray Boulevard, stated that she has received correspondence from the City Manager in response to her inquiries expressed at a prior Commission meeting. It was her understanding that she was to provide a learning experience for underprivileged youths and that the City was to provide the administration, training and staffing for the program. The computers and equipment were to be provided via other sources. She urged the City Commission to be sensitive to her requests for the implementation of the Delray On-Line Project. The City Attorney noted that Ms. Weinberg had previous- ly been requested not to use the City's logo and advised against any continued use. The City Manager pointed out that Ms. Weinberg was under the impression that the City Commission had approved the Delray On-Line Project. He explained that the City Commission did not formally vote on approval for the Delray On-Line Project; however, the Commission did endorse the project in concept and presented a Proclamation on her behalf. -16- 8/16/94 Mayor Lynch noted that the City Commission Minutes would reflect discussion which took place. He suggested that Ms. Weinberg should continue to address her problems and/or inquiries to the City Manager; however, she still has the oppor- tunity to address the Commission if a problem still exists. ll.B.2. Mrs. Spencer Pompey, representing The Naciremas Club, extended an invitation to attend The Naciremas Club's 50th Golden Anniversary celebration which will be held September 11, 1994 at 6:00 P.M., at The Embassy Suite in Boca Raton. The Keynote Speak- er will be U. S. Representative Alcee L. Hastings and the Master of Ceremonies will be Clarence Anthony, Mayor of South Bay. ll.B.3. Pam Carlisle, Chairman of the Advisory Committee at Atlantic Community High School, addressed the Commission in regard to the condition and expansion of the high school. She noted that there are many issues which need to be addressed, such as: inadequate eating space, deteriorating classrooms, a lack of assembly space and insufficient weight room facilities. These are only a few of the items which need to be addressed, along with the general maintenance and upkeep of the high school. Some of these issues are presently being addressed by the school's staff and the School Board. These items will be addressed on an as-needed basis. She pointed out that, with the exception of the portable structures which are currently on the school site, there is virtually no room for expansion. A parcel of land containing four acres is directly west of the school (across Seacrest) which is currently going into foreclosure proceedings. The school feels that this would be an appropriate site for a gym and/or athletic facility to be utilized by the school and could also serve as a civic center for the northern boundary of Delray Beach and the southern boundary of Boynton Beach. The coopera- tion of Palm Beach County, School Board and the cities of Delray Beach and Boynton Beach will be necessary. Ms. Carlisle suggested that the City take the lead in this endeavor and urged the Commission to recommend that the School Board purchase the aforementioned property and agree with the suggested proposed development. ll.B.4. Jo~nne Peart, 107 N.W0 9th Street, speaking on behalf of Deborah Dowd, Director of the Seacrest Homeowners Association who was unable to attend the meeting this evening, stated that the Association supports the proposed expansion for the high school. She pointed out that the Neighborhood Task Team targeted the property under consideration as one of the three areas which were in need of improvements. The Task Team has worked very hard for three years to upgrade this blighted area. She noted that this particular property was also targeted by the CRA for special funding. County Commissioner Mary McCarty and Bob Hayes, Chair- man of the Education Board attended a recent meeting of the Seacrest Homeowners Association to discuss this issue and have extended their full support for the proposed expansion of the high school. -17- 8/16/94 ll.B.5. Toni Delfiandra, 14 Dixie Boulevard, President of the Del Ida Park Neighborhood Association, stated that the Associa- tion offers its full support and urged the Commission to be receptive to the development proposal. ll.B.6. Bob Hayes, Chairman of the Education Board, informed the Commission that the Education Board fully endorsed the expan- sion proposal for the high school at its meeting of August 24th. He also urged the City of Delray Beach to take the lead in this endeavor. In anticipation of this proposal, the Education Board has addressed the issue with Carol Shetler, Principal of Atlantic Community High School. The Board asked that she appoint two representatives, one from the junior and senior class, so that they could present their input on issues which are important to the students. It was pointed out by Mayor Lynch that Delray Beach will have a newly constructed middle school and that the City of Boynton Beach anticipates two new high schools, east and west. He asked if Mr. Hayes was aware of the School Board's intent as to the long range plans for Atlantic Community High School. Mr. Hayes stated that the Sharing for Excellence Pro- gram anticipated the long term need for a high school in the western area of the City and there was a possibility of a middle school and elementary school to be located in the southeast area. Mayor Lynch thought that it would be practical for Atlantic Community High School to be converted to a middle school because there will be new high schools located in Boynton Beach. He did not think it would make made good sense to have a high school located at the most northern border of Delray Beach. He felt that if there was a middle school where Atlantic is current- ly located, then the two middle schools could be strategically placed, with a high school to be centrally located and accessible to both the white and black communities. It was pointed out by Mayor Lynch that the School Board should inform the City as to their proposed five and ten year capital improvement plan for this particular area of the County. ll.B.7. Jerry Marshall, resident of Woodlake, stated that the School Board does have a five year budget program; however, there is no reference to Atlantic Community High School in this pro- gram. He point out that several years ago the City of Boynton Beach met with representatives of the School Board and requested that a high school be constructed near Motorola so that there would be a magnet school located in the vicinity in conjunction with Motorola. Mr. Marshall informed the Commission that the School Board definitely plans to construct an elementary school on ten acres at the Morikami site. Construction will begin within sixty days and should be opened for enrollment in August, 1995. Mr. Marshall suggested that representatives of the City should attend the School Board meetings on a regular basis so -18- 8/16/94 that the City is totally aware of activities. He noted that the Education Board had submitted seven different locations for potential sites for a new high school for Delray Beach. 11.B.8. Mary Barnes, Executive Director of the Alzheimer's Association, Greater Palm Beach Area Chapter, expressed apprecia- tion of the City's support and looks forward to continued fund- ing. 11.B.9. Brother Jeramey bandell, 342 N.W. 3rd Avenue, stated that he was a former drug abuser. He noted that the County and State rehabilitation programs have helped him recover from his addiction and now he has a new and better outlook on life. He attributed an interest in sports, especially tennis as a way to release his frustrations and offered his assistance to promote tennis clinics for children and youths in the minority communi- ties of the City. 11.B.10. Michael WeiDer, representing Saul Weinberger and the Del Aire Property Owners Association, spoke in reference to Comp Plan Amendment 94-1 which was transmitted to Department of Commu- nity Affairs. He pointed out that at a public hearing which was held on May 17, 1994, there was some confusion as to whether or not the citizens were asking for a change from the Comprehensive Plan and if the Comp Plan would allow a density of 180 units. There was confusion as to whether or not the Plan would support that density. Mr. Weiner further pointed out that the statistics which were transmitted to DCA reflected approximately 1,000 units. This reflected the density which was outlined in the Comp Plan which was originally adopted in 1989, whereas, in the present Comp Plan there are only 404 units allowed. Mr. Weiner explained that his clients did bring this issue of discrepancy to the attention of DCA. The concern is that this issue of inconsistency in density was forwarded to DCA and that is not the density which was voted upon by the Planning and Zoning Board. Diane Dominguez, Planning Director, explained that the discrepancy originated in the population tables in the Comp Plan but has since been corrected. She noted that the amendment for the Blood's property was denied by the City Commission in the transmittal to the State and that a new proposal for the Bloods property is anticipated to be presented in January 1995, and the density will probably be reduced. However, if there is no new proposal, the Planning Director suggested that perhaps it would be appropriate that the issue be revisited or that a new amend- ment be initiated in order to reduce the density. 11.B.11. Saul Weinberqer stated that the residents in the area preferred to have any new development consistent with development which currently exists in the Military Trail/Linton Boulevard area. 8/16/94 12. FIRST READINGS: 12.A. ORDINANCE NO. 61-94: An ordinance annexing a part of Rockland Park Subdivision and establishing initial zoning of RL (Low Density Residential). The subject property contains 11.63 acres and is located on the west side of Military Trail, approxi- mately 2,800 feet north of Atlantic Avenue. Second reading is expected in December, 1994. The City Manager presented Ordinance No. 61-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 2,800 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO RL (LOW DENSITY RESI- DENTIAL) DISTRICT; PROVIDING AN GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch noted that this was not a public hearing item, however, the floor was opened for anyone who wished to address the Commission on this issue. Steve Kolbouqh, Conklin Drive, pointed out that the Rockland Park Subdivision was designed for 42 lots which are on one quarter acre lots and preferred that the density remain at the density which was originally designed. The residents of Conklin Drive and High Point are opposed to any proposal for rental property versus residential. He pointed out that rental property does not create an investment in regard to employment or revenue for the City. Rental development only creates a negative impact upon the area and does not add a positive feature to the City. Mr. Kolbough urged the Commission to retain Rockland Park as a residential, family oriented community with a low density of 5 units to the acre, maximum. Theodore Levin, President of High Point of Delray West and President of the Master Association, concurred with comments expressed previously. Carrie Podesta, representing the property owner, informed the Commission that the applicant is interested in proceeding with the application, and if the Commission so de- sires, is willing to accept the RL designation without any densi- -20- 8/16/94 ty limitation on the units per acre. The property owners will consider amending the petition if it would resolve any concerns of density. There are no plans for development by the property owners at this time, however, they wish to leave their options opened. Cindy Hall, residing on Conklin Drive, asked if a density number affixed so that the issue of density is estab- lished. She preferred a density of 0 to 5 units so that the property is without question for single family development. Upon question by Dr. Alperin regarding water and sewer services, the City Manager responded that High Point of Delray West has a Water Service Agreement with the City, and the commer- cial area at the intersection of Military Trail and Atlantic. Dr. Alperin was opposed to "piecemealing" annexation areas west of Military Trail as he felt that all property within the City's Service Area should be followed via the Comprehensive Plan. Diane Dominguez, Planning Director, responded that annexations have to follow certain procedures which are in accor- dance with State Statues, thereby not creating enclaves. In this particular case, the petitioner is voluntarily annexing into the City and are located within the City's Future Annexation Reserve Area. She explained that High Point of Delray West would have to be annexed by referendum. It was suggested by Dr. Alperin that perhaps the issue of annexing this area should be revisited in order to avoid the creation of more enclaves. He felt that the Future Annexation Reserve Area should be returned to the Planning and Zoning Board for further review and to approach this consideration from an overall viewpoint or master plan. The City Attorney asked that if the representative for the property owner would be willing to give consent to postpone the item for future reconsideration. The Agent for the property owner responded that in lieu of denial, she would agree to consent to postpone the item. The City Attorney recommended that the item be tabled to a time uncertain, until such time that issues could be re- solved. Dr. Alperin moved to table Ordinance No. 61-94, second- ed by Mrs. Smith. Upon roll call the Commission voted as fol- lows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -21- 8/16/94 Prior to roll call discussion ensued regarding water service agreements and the examination of the entire Future Annexation Area by the Planning and Zoning Board. 12.B. ORDINANCE NO. 62-94: An ordinance annexing a 16.15 acre parcel of land known as the Lee Property and establishing initial zoning of R-1-A (Single Family Residential). The subject property is located west of and adjacent to Kingsland Pines Subdivision on the west side of Gallagher Road. Second reading is expected in December, 1994. The City Manager presented Ordinance No. 62-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND KNOWN AS THE LEE PROPERTY, LOCATED WEST OF AND ADJACENT TO KINGSLAND PINES SUBDIVISION ON THE WEST SIDE OF GALLAGHER ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVID- ING FOR THE ZONING THEREOF TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved for approval of Ordinance 62-94 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.C. ORDINANCE NO. 63-94: An ordinance 9.25 acres of land rezoning from RM (Medium Density Residential) District to LI (Light Industrial). The subject property is located on the north side of S.W. 10th Street between S.W. 13th Avenue and S.W 15th Avenue. Second reading is expected in December. The City Manager presented Ordinance 63-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE LI (LIGHT INDUSTRIAL) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 13TH AVENUE AND S.W. 15TH AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1994"; PROVIDING A -22- 8/16/94 GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for approval of Ordinance No. 63-94 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.D. THIS ITEM WAS REMOVED FROM THE AGENDA. 12.E. THIS ITEM WAS REMOVED FROM THE AGENDA. 13. Conunents and Inquiries on Non-Agenda Items. 13.A.1. Commissioner Ellingsworth - None. 13.A.2. Commissioner Randolph - None. 13.A.3. Commissioner Smith stated that during Literary Aware- ness Month the Community Health Care Center is having a GED program. Two sororities are assisting with tutoring twelve adults to read and the Center is providing care for the children while their parents are being taught to read. 13.A.4. Commissioner Alperin stated that he just arrived from out-of-town and was surprised to see four concrete islands in the turn lanes just off 1-95 at Linton Boulevard. The City Manager explained that the City was aware of this and in correspondence with DOT, the City has been adamant in its position to have the concrete islands removed. DOT has agreed that they will be removed when the City submits a land- scaped plan, along with a new agreement. Commissioner Alperin brought attention to the presence of portable structures which were being placed at the entrance of the Spady Elementary School property south of Lake Ida Road. He felt that the entryway should be centered towards Lake Ida Road and the placement of these portable structures is definitely an eyesore. Mayor Lynch stated that he would send a letter to the School Board expressing the City's discontent with the placement of the portable structures at the Spady Elementary School site, as well as the issue of possible expansion of Atlantic Community High School. He would emphasize that the City would like an immediate response to these issues. Commissioner Alperin stated that he was very proud to see the article which was recently published by The Palm Beach Post and that so much time had been dedicated to reporting the -23- 8/16/94 tremendous improvements which were provided by the citizens of our City. He extended his compliments to the Jeff Houck, report- er for the newspaper. 13.B. The City Attorney - None. %3.C. The City Manager pointed out that at the last Commis- sion meeting, Commissioner Alperin had requested an explanation of the difference between Zoning and Land Use designations be made available for the public. He reported that the Planning and Zoning Department is currently working on a handout and that it should be available by December 12th. Mayor Lynch declared the meeting adjourned at 8:30 P.M. City ~Clerk ~ ' 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 August 16, 1994 which minutes were formally approved and adopted by the City Commission City~ Cl~er~ / ' 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. -24- 8/16/94