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10-26-93 OCTOBER 26, 1995 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 6:03 P.M., Tuesday, October 26, 1993. 1, Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A.Ruby 2. The opening prayer was delivered by Chaplain Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4, Agenda approval. Mayor Lynch recommended that Item 9.G. be postponed to the next regular meeting and that it be workshopped prior to that time. The City Manager stated that Item 9.P. is to be removed from the agenda and that this item will also be considered at the next workshop meeting. He further stated that Item $.K. be moved from the Consent Agenda to the Regular Agenda. The Mayor announced that Item 8.K. is to be changed to 9.A.A. (first item on the Regular Agenda). Mr. Ellingsworth moved approval of the agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Regular Meeting of October 12, 1993 Mr. Ellingsworth moved approval of the Minutes of the Regular Meeting of October 12, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved approval of the Minutes of the Special Meeting of October 19, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Dr, Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6,A. Alzheimer's Disease Awareness Month - November 1995. Mayor Lynch read a proclamation in recognition of Alzheimer's Disease Awareness Month. Mary Barnes, Executive Director for the Alzheimer's Association for the Greater Palm Beach Area, came forward and accepted the proclamation. 7, Presentations: 7,A, Mr. Ellingsworth announced that The U.S. Tennis Associ- ation, Florida Division, has bestowed the honor to the City's new Tennis Center as the best tennis facility in the State of Flori- da. Digby Bridges, Architect, Ed Foster, Tennis Pro and Joe Weldon, Director of Parks and Recreation, came forward to accept the award. Mr. Weldon pointed out that the City Manager played a major role in the construction of the tennis center and deserved much appreciated credit. 8, Consent Agenda: 8.A, ACCEPTANCE OF EASEMENT DEED/DELRAY MALL; Accept an easement deed from the Delray Beach Mall for the water line behind the convenience center on the north side of the site. ACCEPTANCE OF EASEMENT DEED/AIRCRAFT PRODUCTS COMPANY~ Accept an easement deed from Aircraft Products Company for the purpose of installing and maintaining water and sewer lines in conjunction with Phase II of the Enclave Water and Sewer Improve- ments project. 8.C, SETTLEMENT OFFER: Approve an offer of settlement in the Bilow versus the City of Delray Beach litigation. 8.D. AMENDMENT TO THE MQRIKAMI LQAN AGREEMENT: Approve an amendment to the agreement with Morikami, Inc. which provides for a reduction in the interest rate from 8% to 4% and extends the date for final payment to June 30, 1995. -2- 10/26/93 8.E. AMENDMENT TO THE BANKER'S ROW TRI-PARTITE AGREEMENT: Approve the amendment to the agreement with Banker's Row and Community Redevelopment Agency which authorizes the creation of a special assessment district within Banker's Row. ~,F, INITIATION OF SMALL-SCALE LAND USE PLAN AMENDMENTS: Authorize staff to initiate six small-scale land use plan amend- ments. 8..G. REQUEST FOR WAIVER OF THE LANDSCAPE CODE: Approve a request for waiver of Land Development Regulation Section 4.6.16(H)(3)(d) for Skinner Dental Lab located at 703 N.E. 3rd Avenue. 8.H. FINAL PLAT/LANDSCAPE TECHNIOUES: Approve the final plat for Landscape Techniques (formerly Landscape Technology) located west of Wallace Drive along Royal Palm Drive, subject to condi- tions. 8,I, FINAL PLAT/CALVARY BAPTIST CHUR~H~ Approve the final plat for Calvary Baptist Church located at the southwest corner of S.W. 8th Avenue and S.W. 10th Street, subject to conditions. 8,J, SPECIAL EVENT PERMIT/DEL IDA NEIGHBORHOOD ASSOCIATION: Approve a request from the Del-Ida Neighborhood Association to hold a Halloween Party on a portion of the cul-de-sac located at the corner of Dixie Boulevard and Swinton Avenue on Saturday, October 30, 1993 from 4:30 P.M. to 6:30 P.M. and to hold a rum- mage sale on that site on Saturday November 11, 1993. ~,K, THIS ITEM WAS MOVED TO THE REGULAR AGENDA (ITEM 9.A.A) 8,L, REOUEST TO PLACE SIGNS IN THE CITY'S. RIG~T-OF-WAY: Approve a request from the Veterans Park Playground Committee to place signs in the City's right-of-way. 8..M,.. SUNSHINE AND CONTINENTAL CUP TENNIS TQURNAM~NT: Con- sider a request to place flags, welcome and directional signs in the City's rights-of-way at Linton Boulevard and Lindell and Dotterel Roads and for Police coverage, in conjunction with the Sunshine and Continental Tennis Tournament being held December 12 through 18, 1993. 8,N, RESOLUTION NO, 99-99; A resolution assessing the cost for abatement action necessary to demolish an unsafe structure at 119 N.W. 9th Avenue. 8.0. CHANGE ORDER NO. 1/PQMpEY PARK RQQF~ Consider a change order in the amount of $11,250 to the contract with Fowler Energy Systems, Inc. for additional roof work as defined in bid Alter- nate No. 2, with funding from General Construction Fund - Build- ings (Account No. 334-6112-519-62.10). -3- 10/26/93 Mr. Ellingsworth moved approval of the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes. Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. Regular Agenda: 9.A.A. TEMPQRARY USE. PERMiT/HARVEST FEST~ Approve a temporary use permit for the Atlantic Avenue Association to use public streets and sidewalks from the Intracoastal Waterway, east to Venetian Drive, and approve the request to place event and direc- tional signs in the City's right-of-way and for staff assistance in conjunction with the annual Harvest Fest to be held November 13-14, 1993. Mr. Bob Barcinski, Assistant City Manager, explained that part of the request involves a temporary use permit for the utilization of the use of sidewalks and the blocking of the eastbound parking lane from the Intracoastal to Venetian Drive. He pointed out that staff will be utilized to put up barricades, deliver and set-up tables; also, there may be some Police protec- tion. Staff recommends approval of the request for temporary use permit and staff assistance; however, recommends denial of the waiver of overtime wages for City staff which is estimated at a cost of approximately $500. Discussion ensued relative to anticipated funds. Mrs. Smith stated that she had been the Chairman several years ago and indicated that the amount was in the range of $1,000 to $1,500. Mr. Randolph indicated that the event would be benefi- cial in bringing people into the downtown area. Dr. Alperin expressed concerned over setting a prece- dent and emphasized that the Commission should be consistent in its actions. Mayor Lynch did not have a problem with staff assis- tance during working hours; however, he felt that any overtime pay should be contributed by the organizations which are involved in special projects. Mr. Ellingsworth felt that the issue should be workshopped. Dr. Alperin moved approval of the request for the temporary use permit and staff assistance with denial of the request for overtime, 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 - No. Said motion passed with a 4 - 1 vote. -4- 10/26/93 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 October 11, 1993 to October 22, 1993. Dr. Alperin moved to receive and file the report, sec- onded 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 - 0 vote. 9.B. REOUEST FOR WAIVER OF CONDITIONS ASSOCIATED WITH CONDI- TIONAL USE APPROVAL/KEYSTONE CREATION: Consider a request from Keystone Creation for waiver of the sidewalk installation and improvement obligations for N.W. 18th Avenue associated with conditional use approval to establish a monument and ornamental stone cutting operation north of N.W. 1st Street, between the CSX Railroad and N.W. 18th Avenue. Mr. David Kovacs, Planning Director, pointed out that a conditional use request associated with this item was previously approved. One of the conditions of approval was that a cash payment be made to pay for the cost of the construction of N.W. 18th Avenue along the frontage of Keystone Creations. At the time that this item was considered by the Planning and Zoning Board, it was analyzed by staff that the disrepair of the street should not be imposed upon Keystone Creation for the length of N.W. 18th Avenue. He stated that the applicant has submitted a request for a waiver of any participation of N.W. 18th Avenue. It was explained by the Planning Director that if it had been proved that a street was constructed along the frontage by core samples, then there would have been a recommendation by P&Z that there not be an obligation. Mayor Lynch stated that he had a problem with approving conditional uses with conditions and later having a petitioner request waivers (after already agreeing to such conditions as set forth by staff). He further stated that he would have looked differently at the previous request for conditional use had he known that the petitioner would later appear before the Commis- sion with a waiver request. Mr. BerYl KrugerJ repre~en~ing ~he applicant, stated that it was communicated to him by the Planning Department to wait until after Planning and Zoning Board approval before re- questing a waiver; thus, the waiver request is before the Commis- sion this evening. He further stated that the Planning and Zoning Board considered the conditional use approval request prior to his arrival at 7:00 P.M. 5 10/26/93 Mr. Kruger stated that this property was annexed into the City in 1960 and that aerial maps reflect a paved street and that a core sample which was taken this afternoon reflected 10 to 12 inches of shellrock which was covered by cement. He empha- sized that the street has not been maintained and that he felt it was the City's responsibility to pave and maintain the street. He stressed that it should not be the responsibility for a busi- ness owner to pave the entire N.W. 18th Street as that would cost more than the whole project is worth. Upon question by the Mayor regarding the location of borings, Mr. Kruger responded that the borings were located 50 feet south of the entrance and one was 100 feet south of the entrance which is the general location where the City had taken the borings (per the Staff Report). It was pointed out by the City Manager that during his personal inspection of the site he saw a paved road as far north to the entrance but he did not see any evidence of a paved road existing north of the entrance. Mayor Lynch recommended that staff perform an investi- gation and return with the results and a recommendation to the Commission. The City Manager stated that the company hired by the City who performs the core borings is a very reputable firm and that the City would accept their certification. Mrs. Smith moved to deny the waiver request unless City staff determines that there was an appropriate road surface and standard street specification in the frontage of the applicant's property; and if found to be satisfied by staff then the waiver shall be granted as to that part that reflects a standard street specification, the applicant will then be responsible to pay only for that part where there is no road surface, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.C. APPEAL OF HISTORIC PRESERVATION BOARD DECISION; Con- sider an appeal of the Historic Preservation Board's decision with respect to the site plan approval for Sloan Hammock. The Planning Director presented the item and pointed out that the Historic Preservation Board reviewed the parking situation and approved the site plan with accommodating an exist- ing situation with back-out parking onto S.E. 7th Avenue. It was pointed out by the City Manager that this item was reviewed by the Development Services Management Group and that it was their recommendation to leave the parking as it -6- 10/26/93 currently exists (parking spaces are half on private and half on public property) and that it is better than adding 8 feet of asphalt. Upon question by Mr. Randolph regarding the legality of a possible accident within the public right-of-way, the City Attorney responded that the City would only be responsible if there were a problem with the right-of-way itself; however, the City would not be responsible for an individual's carelessness and therefore should become that person's negligence. Mark Krall. Attorney representing the client, stated that there would not be an increase in the back-out parking situation. Mike Covelli, Project Planner, provided a lengthy presentation relative to the parking aspect of the project as it had been presented at the Historic Preservation Board's meeting. Mr. Ellingsworth moved approval of the Historic Preser- vation Board's recommendation with the modification to allow back-out parking with a hold harmless and maintenance agreement, 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. Mr. Dan $1oan, property owner, stated that he agreed with the Commission's recommendation. 9,D, DETERMINATION OF ARCHITECTURAL COMPATIBILITY/OUTBACK STEAKHOUSE: Determine if the architectural elevations proposed for the Outback Steakhouse are compatible with those of the Linton Square Shopping Center. Mayor Lynch stated that this item was postponed from the last regular meeting due to the absence of two Commissioners who were unable to attend that meeting. Mr. Ellingsworth moved approval of the architectural elevations, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes. Said motion passed by a vote of 4 to 1. 9,E. REOUEST FOR CONDITIONAL USE APPROVAL/SOUTH FLORIDA SANITATION; Consider a request for conditional use approval to establish a resource recovery facility in the Mixed Industrial Commercial (MIC) zone district, located north of N.W. 1st Street, between N.W. 18th Avenue and the CSX Railroad. Planning and Zoning Board recommends approval, subject to conditions. -7- 10/26/93 David Kovacs, Planning Director, stated that the Plan- ning and Zoning Board considered the conditional use request at its meeting of October 18th and forwarded a recommendation of approval on a 5 - 2 vote subject to several conditions. The petitioner, the South Florida Sanitation Company, is under con- tract with Palm Beach County to provide waste management and resource recovery services. The proposal is for fourteen trucks to be stored and operated on site, a business office and on-site mulching facility. The on-site mulching would be accommodated within three-sided areas in which the yard waste would be chipped and placed into these areas where they will be picked-up and the materials would then be carried off-site during the weekend. Mr. Kovacs pointed out that there was considerable opposition to this request at the Planning and Zoning Board meeting such as noise, dust control, the appropriateness of the use in the Congress Avenue area, concerns that these types of outside uses should not be allowed in the area and that the use is more appropriate in a rural area, and that it may be a detriment to development in this area. The Director then read into the record the conditions of approval. Mr. Randy Stricklando General Manager of South Florida Sanitation, stated that the on-site mulching areas will be limit- ed to one, or possibly two, containment areas and that the compa- ny has agreed to the list of conditions as set forth in the Staff Report. He pointed out that an impromptu demonstration was pre- sented to demonstrate how noise and dust would be controlled on the site. He emphasized that the only material which will be ground on the site are wood chips (emphasis "not garbage") and yard waste. Also, that any plastic materials located within any yard waste would be removed daily and that the trucks are emptied and cleaned daily. Mr. Strickland stressed the fact that the company would employ 58 residents of the City and that fuel, uniforms, supplies, etc., will be purchased within the City. He added that the contract is for three million dollars annually which will bring in added revenue to the City. He emphasized that the Company will adhere to conditions as set forth for the ap- proval and that there are no intentions to return with any re- quest for waivers. Although this was not a public hearing item and due to the number of residents in the audience, the Mayor allowed the following individuals to address the Commission. Jean Beer. Chairman of the Planning and Zoning Board, stated that the zoning is in place and if the applicant meets the conditions of approval, there must be a valid reason to deny the request. She emphasized that the P&Z Board reviewed the request carefully and they did not feel that noise, dust or odor were of any concern to the majority of Board Members. She pointed out that the two dissenting votes were relative to a concern for dust and incompatibility. Ms. Beer informed the Board that a facility (stone cutting) which is located north of this site produces a lot of dust as a result of grinding hard stone and has not re- -8- 10/26/93 ceived complaints from residents in the area relative to noise or dust. She compared the stone cutting use to the proposed re- source recovery facility and did not feel that this proposal had any adverse affects upon the surrounding area and supported the conditional use request. Mr. Clarenc~ Wolf, owner of a landscaping and lawn maintenance business, stated that debris (grass trimmings, etc.) that lie dormant in trucks for several days prior to being dumped at the transfer station transmit offensive odors. He informed the Commission that he personally has complained to the Code Enforce- ment Department of noise associated with the stone cutting facil- ity referenced previously. Mr. Wolf pointed out that he owns a vacant parcel adjacent to the resource recovery facility. Mrs. Helen Coopersmith. representing the Progressive Residents of Delray (PROD), stated that from time to time devel- opment proposals present threats of law suits and that the Advi- sory Boards and the Commission should not consider those threats in their decisions. She informed the Board that she had attended the presentation yesterday provided by the South Florida Sanita- tion and adamantly opposed the conditional use request. Mr. Thomas Mook. President of the Sudan Subdivision Homeowners Association, expressed concern that prevailing winds would send offensive odors, dust and noise over the Sudan subdi- vision. He did not consider the proposal a "clean" light indus- trial use and asked how restrictions would be enforced and how often. He expressed great concern relative to potential fires on the site and referred to a mulch fire at the Lantana facility. Mr. Mook informed the Commission that he has been in the fire service for twenty-two years and pointed out that when the mulch piles get large and wet, heat forms deep inside giving opportuni- ty for spontaneous ignition. The fire burns deep inside these mulch piles and are very difficult to distinguish. The forty homes within the Sudan Subdivision are located only five hundred yards away from the facility and he feared his neighborhood will suffer consequences similar to the Pines of Delray North which is located across from the South Florida Wastewater Treatment Plant. He pointed out that a similar proposal was before the City over a year ago and that proposal was "cleaner" than the present propos- al and it was denied. In conclusion Mr. Mook pointed out that the main use of this proposal is for truck repair which is pro- hibited in the MIC zoning district and another location will have to be considered to accommodate the repairs of their 14 trucks. It was pointed out by the City Manager that the company which was located on S.W. 4th Avenue had operated at that area for a long time which is in a more dense area closer to residen- tial homes than this proposal and that he was not aware of any complaints nor problems. -9- 10/26/93 Mr. Kandolph stated that he would be more comfortable with more professional advice, particularly regarding the issue of noise impacts. The Planning Director responded that no professional input had been received by staff; however, he had attended the demonstration at the facility and had carried on a conversation with Mr. Art Jackel in normal tones without shouting. Also, that he had visited the Sudan Subdivision and could not hear any noise impact from the recovery resource site due to loud noises coming from auto repair uses on the west side of Congress Avenue. Mr. Ellingsworth stated that there are very few light industrial parcels that remain in the City and expressed concern to see this property being used for this type of use. He asked the City Attorney how noise impacts would be enforced. The City Attorney responded that, if noise is a major problem, there is an enacting ordinance which measures by decimal meters for all businesses and this would be enforced by the Police Department. Enforcement of conditions of approval for conditional use violations would be via Code Enforcement or could perhaps lose a conditional use approval if a violation occurs. Also, there is a possibility that a court action becomes neces- sary. The Mayor pointed out that this parcel is within the City's Enterprise Zone and that the proposed use would be detri- mental to future development of a light industrial area and did not feel he could support the request. The City Attorney stated that if there is a consensus of the Commission to deny the conditional use, she would recom- mend that the item be continued so that other evidence could be submitted before action is taken. In response to Commissioner Randolph's request, the Planning Director presented a brief summary of the required findings for conditional use analysis. Mr. Ellingsworth moved for continuance of the item and directed staff to obtain professional assistance in respect to issues such as odor, noise and other items which pertain to the compatibility of the surrounding property owners, 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. Prior to roll call, discussion ensued among the Commis- sion relative to receiving input from the Community Redevelopment Agency, the Police Department, Palm Beach County, including other agencies which may be deemed appropriate. -10- 10/26/93 10. Public He~ring$: There were no public hearings scheduled for this meet- ing. 11, Comment~ ~nd Inquirie~ Qn Non-A~enda Items from the Public Immsdistely fQllowing Pu$1iQ Hesrinqs. ll.A. City Msnaqsr's response to prior oublic comments and inquiries. The City Manager responded to an inquiry at the last meeting relative to automobiles and trucks being on property north of the Happy Holidays site located on Congress Avenue. The road is a public road; however, Happy Holidays has semi-tractor trailers stored on the site. The official deadline for the removal of these vehicles is November 1st. In response to a complaint by a resident who resides behind an auto-trim business located on Federal Highway who complained of noise associated with that business and the dumping of trash on the site by the employees, the City Manager stated that staff has on many occasions monitored the business in re- sponse to his complaints and cannot verify either a noise nor a trash problem. Upon his initial complaint that work was being conducted outside the building, the owner ceased that activity and Code Enforcement Officers have been to the site after hours and during the weekends. He added that staff will continue to work with this gentleman. The City Manager stated that agendas for the meetings are placed inside the Chambers; however, he would consider a request to have the agendas placed on a table in the lobby. ll.B. Comments from the Public. Mrs. Verno Wachtel, 500 N.E. K Terrace. Boca Raton. Florida. stated she has a small property that she is having a great deal of difficulty with. It is a small warehouse located on Federal Highway behind a retail building. About a year or two ago, the Planning and Zoning Board got very strict on enforcing nonconforming uses. Under their regulations if someone moves out of a bay, it can only be rented to what already is there; other- wise, it has to go to the zoning which allows retail. Retail uses cannot go into this warehouse, it will not fit. It is very important that she rents the bay now. If she does not rent it now it will stay vacant for the rest of the year. People in warehouses tend to rent at the beginning of the season and stay until the next season. She had gotten two appropriate tenants, one was an auto broker and a food distributor; both were turned down by the Planning and Zoning Board. She is asking that the Commission ask the Planning and Zoning Board to have a new desig- nation for nonconforming warehouses; something that would allow -11- 10/26/93 appropriate uses which would not impact the neighborhood, but would add to the City's tax base. Arthur Jackel, Chairman of the United Property Owners, stated on Monday evening, November 8, 1993 at 7:00 P.M., in the Community Center Gymnasium the citizens of Delray Beach will hold a forum on crime control in the City. He invited the Mayor, Com- mission, City Manager and City Attorney to attend that meeting. If there are any questions, he will be happy to answer them. He felt the meeting is timely for the City. Mr. Randolph inquired if there was a focal point for this meeting. He stated that he had attended several meetings of this type where the problem is stated but no solutions are given. He is hoping that something is done that is proof positive. In response, Mr. Jackel stated the first item on the agenda is strengthening the State Laws. They are going to the State Legislature to force them to enact strong laws for criminal jurisdiction. He urged the Commissioners to attend the meeting. Mayor Lynch stated the Tourist Development Board is very concerned that crime is a problem and that there have been tourists who have been hurt; now all of a sudden it is all over national news that crime against tourists is the problem in Florida. He would not like to have the newspaper saying that Delray has such a terrible problem that they are having this major forum. Hopefully, the newspaper can be kept in perspec- tive. We are just like any other city who is looking at crime. Alice Fins$, 707 Place Travant, thanked the Commission on their comments with regard to Congress Avenue. Mrs. Finst asked if a mirror or something could be put up so that the people who are sitting in the audience can see the plans and models that come before the Commission for considera- tion. Upon an inquiry from the Mayor, the City Manager stated that everything staff has looked at is pretty costly. The Com- mission is talking about spending $2,000 to $3,000 at least for T.V. type monitors. Mrs. Finst stated the condition o~ Lake Ida Road from Congress east looks very shabby. The area that particularly irritates her is the entrance to Spady School. The whole proper- ty looks very ragged. She stated we need to look at what hap- pened to the road widening project and then clean the area up. 12. First Readings: 12.A. ORDINANCE NO. 61-93: An ordinance repealing Ordinance No. 56-93 which amended Chapter 54 "Sewers" of the Code of Ordi- nances to clarify the monthly customer charges where no water -12- 10/26/93 service is provided and to clarify the collection method of sewer service charges and enacting a new ordinance to correct the rate structures and effective date. If passed public hearing November 9th. The City Manager presented Ordinance No. 61-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFDELRAY BEACH, FLORIDA, REPEALING ORDI- NANCE NUMBER 56-93 IN ITS ENTIRETY, AND ENACTING A NEW ORDINANCE AMENDING CHAPTER 54, "SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 54-31, "CONNECTION CHARGES; EXCEP- TION", TO CLARIFY WHEN A SEWER CONNECTION CHARGE MUST BE PAID; BY REPEALING SECTION 54.32 AND ENACTING A NEW SECTION 54.32, "SERVICE RATES AND CHARGES"; BY AMENDING SECTION 54.33, "TIME AND METHOD OF PAYMENT OF SERVICE CHARGE" TO CLARIFY THE COLLECTION METHOD OF SEWE~ CHARGES; PROVING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. Mr. Ellingsworth moved for the adOption of Ordinance No. 61-93 on First Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a vote of 5 - 0. 12.B, ORDINANCE NO. 62-93: An ordinance annexing the Sunset Pines Condominium Discount Auto Parts and Spodak Medical Center with initial City zoning of RM (Multiple Family Residential), NC (Neighborhood Commercial) and POD (Professional Office District), respectively. If passed public hearing November 9th. The City Manager presented Ordinance No. 62-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING (3) PARCELS OF LAND TO THE CITY OF DELRAY BEACH, FLORIDA, WITH INITIAL CITY ZONING OF NC (NEIGHBORHOOD COMMERCIAL) DISTRICT, POD (PROFESSIONAL OFFICE) DISTRICT AND RM (MULTI- PLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT; SAID LAND LYING AND BEING IN SEC- TION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; -13- 10/26/93 PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. Mr. Ellingsworth moved for the adoption of Ordinance 62-93 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a vote of 5 - 0. 12.~. ORDINANCE NO. 63-93: An ordinance amending Section 4.4.13 "Central Business (CBD) District" of the Land Development Regulations to clarify the parking requirements for the Central Business District. Planning and Zoning Board recommends approv- al. If passed public hearing November 9th. The City Manager presented Ordinance No. 63-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G) "SUPPLEMENTAL DISTRICT REGULATIONS" OF THE LAND DEVELOPMENT REGULA- TIONS OF TH~ CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE PARKING REQUIREMENTS FOR THE CENTRAL BUSINESS DISTRICT, PROVIDING A SAVING CLAUSE, A GENER- AL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. Mr. Randolph moved for the adoption of Ordinance No. 63-93 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 vote of 5 - 0. 12,D, ORDINANCE NO. 64-93~ An ordinance amending Section 4.6.9, "Off-Site Parking Regulations", of the Land Development Regulations by amending Subsection 4.6.9(E), "In Lieu Fees", to revise the in-lieu parking fee general provisions, and to revise the in-lieu parking fee to $6,000 per space. Planning and Zoning Board recommends approval. If passed public hearing November 9th. The City Manager presented Ordinance No. 64-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION -14- 10/26/93 4.6.9, "OFF SITE PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.6.9(E), "IN LIEU FEE", TO REVISE THE IN LIEU PARKING FEE GENERAL PROVISIONS, TO REVISE THE IN LIEU PARKING FEE TO $6,000 PER SPACE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. Mayor Lynch felt the same fee should be charged for everyone or perhaps the in-lieu parking fee should not be en- forced and that he could not support the Ordinance as presented. Mrs. Smith moved approval of Ordinance No. 64-93, seconded by Dr. Alperino 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 vote of 4 - 1. 12.E, ORDINANCE NO. 65-93: An ordinance amending Section 4.4.11, "Neighborhood Commercial (NC) District, of the Land Development Regulations to provide for the display and sale of lawn furniture, playground equipment, sheds and accessories as a conditional use; to delete the dispensing of gasoline directly to a vehicle as a conditional use; to delete veterinary offices as a vehicle as a conditional use, to revise the maximum site area to two (2) acres; and to provide for a maximum floor area for single tenant office or service uses and single principal uses. Planing and Zoning Board recommends approval. If passed public hearing December 7th. The City Manager presented Ordinance 65-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.11 "NEIGHBORHOOD COMMERCIAL (NC) DIS- TRICT'', OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.4.11(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR THE DISPLAY AND SALE OF LAWN FURNITURE, PLAYGROUND EQUIPMENT, SHEDS AND ACCESSORIES AS A CONDITIONAL USE; TO DELETE THE DISPENSING OF GASOLINE DIRECTLY TO A VEHICLE AS A CONDITIONAL USE; TO DELETE VETERINARY OFFICES AS A CONDITIONAL USE; BY AMENDING SUBSECTION 4.4.11(F), "DEVELOPMENT STANDARDS", TO PROVIDE FOR A MAXIMUM FLOOR AREA FOR SINGLE TENANT OFFICE OR SERVICE USES AND SINGLE PRINCIPLE USES; PROVIDING A SAVING -15- 10/26/93 CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. The Planning Director explained that the Planning and Zoning Board recommended reducing the area allowed for Neighbor- hood Commercial from 4 to 2 acres. The limitation per square footage is currently 35,000 square feet and the recommendation is 10,000 square feet for any single tenant of tenant or group of retail uses or group of services or group of office uses or group of offices. He explained that the Code requires a minimum floor area within one building of 4,000 square feet; whereas, there had been no previous number for minimum square feet for retail users. Mr. Kovacs suggested that the item be workshopped prior to the Commission taking action tonight. Dr. Alperin moved for the adoption of Ordinance 65-93 on First Hreading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - No. Said motion passed by a vote of 3 to 2. 12,F. ORDINANCE NO. 66-93: An ordinance amending Section 4.2.24 "Old School Square Historic Arts District (OSSHAD), of the Land Development regulations to provide for a reduction in the parking requirements for new development or change in use subse- quent to January 1, 1994. Planning and Zoning Board recommends approval. If passed public hearing November 9th. The City Manager presented Ordinance 66-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 4.4o24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE FOR A REDUCTION IN THE PARKING REQUIREMENTS FOR NEW DEVELOPMENT OR CHANGES IN USE SUBSEQUENT TO JANUARY 1, 1994; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. Mr. Randolph moved for the adoption of Ordinance 66-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed by a vote of 5 to 0. -16- 10/26/93 At this time the Commission returned to the Regular Agenda. 9.F, REQUEST FOR CONDITIONAL USE APPROVAL/BINGO HALL: Consider a request for conditional use approval to establish a bingo hall at the Delray Square Shopping Center located on the east side of Military Trail, north of Atlantic Avenue. Planning and Zoning Board recommends approval. Mr. David Kovacs, Planning Director, informed the Commission that there was no public testimony at the Planning and Zoning Board Meeting and that the Board recommends approval of the conditional use request. Although this was not a public hearing item, the Mayor opened the floor and limited it to two speakers. Mr. Andrew Siegel, Attorney, representing various Bingo organizations located at Delray Bingo, explained that the reason no one spoke at the Planning and Zoning Board meeting was because Delray Bingo was not notified. He emphasized that Delray Bingo raises money through bingo in order to contribute to various charitable organizations and that another bingo facility would be detrimental to their efforts. Delray Bingo has committed $80,000 to purchase a bus for the Veterans, and contribute to an emergen- cy relief fund which provides food for the needy, support for Multiple Sclerosis patients including planned outings and recrea- tional therapy. He did not feel that two bingo facilities in close proximity to each other could be successful and urged the Commission to deny the request. Mr, God? Gardner. Executive Director of the Multiple Sclerosis Foundation, stated that the Foundation is a national organization (but separate from'the M.S. Society) and has been in existence since 1986. The Foundation is registered and provides funding for nine university research programs including a sub- stantial research grant in Palm Beach Gardens. He felt that there is enough support within a three mile radius to support two bingo facilities and that the Delray Bingo has established clien- tele. The facility will open at 6:00 P.M. and will have a ca- tered concession stand. Mr. Randolph moved approval of the conditional use request, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 - 0 vote. 9,$. PENSION SETTLEMENT AGREEMENTI Consider an agreement with the Board of Trustees of the City of Delray Beach Police Officers and Firefighters Retirement System (Board), Professional Firefighters of Delray Beach, Local 1842 (IAFF), and the Police Benevolent Association (PBA), to resolve all issues related to -17- 10/26/93 the use of insurance premium tax revenues in connection with the City of Delra¥ Beach Police Officers and Firefighter Retirement System. This item was postponed to the Special Meeting of November 2nd. 9,H, HOLIDAY PARADE: Approve a special event permit for the Holiday Parade to be held on December 11, 1993 and consider a request for waiver of the $374 police overtime costs. Dr. Alperin moved approval of the special event permit and denial of the waiver request for overtime, seconded by Mayor Lynch. (Mayor Lynch passed the gavel to Vice-Mayor Ellingsworth in order to second the motion.) Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Vice Mayor Ellingsworth - Yes; Mr. Randolph - No; Mr. Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 9,I~ SUBSTITUTE ORDINANCE NQ, 51-95; An ordinance amending the Land Development Regulations by amending the CBD (Central Business District) Zone District to allow car washes as a condi- tional use. Public Hearing was held and closed at the October 12, 1993 regular meeting. The City Manager presented Ordinance No. 51-93. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, ZONING REGULATIONS", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "WASH ESTABLISHMENT FOR VEHICLES" AS A CONDI- TIONAL USE WITHIN THE ZONE DISTRICT, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. The City Manager stated that a public hearing was held by the Commission previously; however, due to the absence of two Commissioners the item was continued. Mr. Ellingsworth moved for the adoption of Ordinance No. 51-93 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion was passed with a vote of 4 to 1. 9.J, PRESENTATION EAST ATLANTIC AVENUE BEAUTIFICATION PROJECT; Consider a presentation by Gee and Jenson with regard -18- 10/26/93 to the conceptual plan, preliminary budget and project con- straints associated with the East Atlantic Avenue Beautification project. Mr. Richard Staudinger, representing Gee and Jenson, presented the preliminary master beautification plan. He stated that the scope of the project entails an area from Atlantic Avenue East to A-1-A and they are trying to continue the concept of beautification from the west side of the Intracoastal from Swinton Avenue, east to the Intracoastal. He pointed out that the East Atlantic Avenue Task Team prioritized the following items: 1) overhead power to be installed underground; 2) instal- lation of paver blocks; 3) installation of decorative lights; and 4) landscaping improvements. The preliminary estimate exceeds the $950,000 which was budgeted. He pointed out that the cost estimates for the project were different than what was presented to the Commission. This is due to the $18,000 cost for asphalt overlay for the roadway and other items such as palm trees, etc. He emphasized that this is a very preliminary cost estimate but there will be some savings on street lighting and they will continue to work with staff to try to reduce the cost. Mr, Brett Nien. Landscape Architect for Gee and Jenson, gave a lengthy presentation of the proposed landscaping for the project. The City Manager stated that this project is a Decade of Excellence Project and was envisioned to include some drain- age. Also, the City is hopeful that the Department of Transpor- tation will help to contribute to the cost of the project. Mr. Staudinger reported that at a recent meeting with D.O.T. he had received a strong pledge from their permitting division which he felt was very encouraging. 9.K. SERVICE AUTHORIZATION NO. 6/GEE AND JENSON: Consider a service authorization in the amount of $60,500 to the contract with Gee and Jenson for engineering services to prepare final construction documents, assistance in bidding negotiations, and construction administration services in conjunction with the East Atlantic Avenue Beautification project; Decade of Excellence Bond Issue Phase II - Atlantic Avenue/Intracoastal to Ocean (Account No. 228-4141-572-61.73). City Manager recommends approval. Mrs. Smith moved approval of Service Authorization No. 6/Gee and Jenson, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Dr. Alperin - Yes. Said motion passed with a vote of 5 - 0. 9.L. SERVICE AUTHORIZATION NO. 7/PROFE$$IONAL ENGINEERING CONSULTANTS: Consider a service authorization in an amount not -19- 10/26/93 to exceed $10,000 to PEC for engineering and construction admin- istration services in conjunction with the rehabilitation of Lift Station Basins 8, 18 and 32, with funding from Water and Sewer Renewal and Replacement - Manhole Rehab (Account No. 442-5178-536-61.84). City Manager recommends approval. Dr. Alperin moved approval of Service Authorization No. 7/Professional Engineering Consultants, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mrs. Ellingsworth - Yes. Said motion passed with a vote of 5 - 0. ~.M. SERVICE AUTHORIZATION NO. 16/HAZEN AND SAWYER. P.C.: Consider a service authorization in the amount of $53,879 to the contract with Hazen and Sawyer, P.C. for engineering services in conjunction with the Lake Ida Road/Barwick Road Water Main Exten- sion project, with funding from 1993B Water and Sewer Revenue Bond - Water Main/Lake Ida (Account No. 440-5179-536-63.56) and Water Main/Barwick Road (Account No. 440-5179-536-63.55). City Manager recommends approval. Mr. Ellingsworth moved approval of Service Authoriza- tion No. 16/Hazen and Sawyer, PoC., 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 vote of 5 - 0. 9.N, ADDENDUM NO. 2 TO SERVICE AUTHORIZATIQN NO. 3/PROFESSIONAL ENGINEERING CONSULTANTS; Consider an addendum to Service Authorization No. 3 in the amount of $7,582 to the con- tract with PEC for design and coordination of the alternative generator for the air scrubber locations at Lift Stations Nos. 1, 4 and 11 and modification to the above ground fuel tank at the new booster pump station, with funding from Water and Sewer Renewal and Replacement - Lift Station Conversion to Submersible (Account No. 442-5178-536-61.83). City Manager recommends ap- proval. Mrs. Smith moved approval of Addendum No. 2 to Service Authorization No. 3/Professional Engineering Consultants, second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Mr. Ellingsworth - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a vote of 5 - 0. ~-0, RELOCATION OF FLAG POLE/VETERAnS PARK; Consider relo- cating the flag pole in Veterans Park. Mayor Lynch reported that the cost for moving the flag pole is $2,500. Although this was not a public hearing item, the Mayor allowed the following individual to address the Commission. -20- 10/26/93 Commander Abraham Bellis. representing the Veterans Affairs Council of Greater Delray Beach, explained that the Council consists of nine veterans' organizations located in the City and represents veterans of different origins. He felt that the flag pole which is located at Veterans Park is in the wrong location. He also compared the flag pole to the flag poles located in front of City Hall and felt that there is no compari- son and urged the Commission to approve the request. Mr. Joe Weldon, Director of Parks and Recreation, stated that there have been several meetings, including a public hearing on this item and at a meeting held on November 11, 1992, there were numerous veterans present when the site plan was discussed and no one objected to the location of the flag pole. He informed the Commission that he had been requested by Mr. Bellis several days ago to change the location of the flag pole. Mr. Weldon reported that he contacted the architectural firm and it was their opinion that the flag pole was located in an appro- priate location which is between the monuments honoring war veterans. Dr. Alperin expressed his disappointment in comments expressed by Mr. Bellis and emphasized the fact that the City has gone to great expense and even honored the war veterans by naming the Park after those who served and/or died in world wars. Mr. Ellingsworth moved to deny the request unless the Veterans are willing to pay the expense of moving the flag pole, seconded by Mrs. Smith. 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 - 1 vote. 9,P, THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point the Commission moved to the Comments and Inquiries on Non-Agenda Items portion of the agenda. 13, Comments and Inquiries on Non-Agenda Items: 13.A. Commission. Mrs. Smith did not have any comments. Dr. Alperin did not have any comments. Mr. Ellingsworth did not have any comments. Mr. Randolph did not have any comments. I~A~I~ Mayor Lynch stated he had a few items. On the MIC zon- ing, he inquired if it could be set up to discuss this item at the next workshop meeting. The ordinance which created the zoning was passed about two years ago. He was very concerned -21- 10/26/93 when he went out with the Planning Director to look at the stone cutting building next door. He thinks he made a mistake when he voted for this. It was not what he wanted for that area. He would like to bring this back and have the Commission discuss it as a group to see if they have the right direction. Otherwise, they will be constantly putting staff in the embarrassing situa- tion of having the Commission go against them. The City Manager stated the Commission needed to refer this issue to the Planning and Zoning Board, perhaps with some direction. Mayor Lynch stated he feels that Congress Avenue is the area which we have to develop nicely as it is somewhat removed from residential. He feels it needs to be reevaluated and sent back to the Planning and Zoning Board, with the concern that it is an Enterprise Zone and the only area the City has remaining for development. The Commission consensus was to refer the item to the Planning and Zoning Board. The City Manager stated he will communicate the Commis- sion's consensus to the Planning and Zoning Board and ask that they seriously review the appropriateness of the uses allowed in the MIC Zone District and whether the MIC is the correct zoning for that area. Mayor Lynch stated they have talked about having a nice friendly staff which is very accommodating and helpful to people; but when he hears somebody like Mrs. Wachtel mentioning something such as staff saying "how can we get this through and make the application look right." Hopefully, we are not doing that; if we are, then we are going to have problems. He directed the City Manager to discuss it with staff and hopes that staff is not miscommunicating the times of the meetings, so that people have a recourse to the Commission. Mayor Lynch stated he is concerned about a crime con- trol meeting being held. If this thing is taken out of perspec- tive it is going to hurt Delray's image at a time when the City does not need that type of thing. Hopefully, staff can work with United Property Owners to make sure things are kept in perspec- tive. Mayor Lynch stated the City Manager's and City Attor- ney's evaluations are due. He asked that this item be placed on the agenda for the November 9, 1993, Regular Meeting and that each Commission member meet with each party involved. The City Attorney did not have any comments. The City Manager did not have any comments. -22- 10/26/93 The City Manager did not have any comments. There being no further business, Mayor Lynch declared the meeting adjourned at 9:10 P.M. Acting City Clerk The undersigned is the Acting 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 October 26, 1993, which minutes were formally approved and adopted by the City Commission on November 9, 1993 Acting 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. -23- 10/26/93