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03-23-93 MARCH 25, 1993 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 6:10 P.M., Tuesday, March 23, 1993. 1, Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz 2. The opening prayer was delivered by Reverend James Atchinson, Church of the Palms. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Ellingsworth stated that correspondence has been received from the Education Committee with regard to renaming the new school on West Atlantic Avenue and requested that this be placed on the agenda tonight. The City Attorney advised that it would be appropriate to place it 'on the Regular Agenda so the public might have an opportunity to hear what is said. Mayor Lynch stated there is an addendum to the Regular Agenda, Item No. 9.M. (Settlement of Prescott v. City of Delray Beach) and Item No. 9.N. (Naming of the new Middle School on West Atlantic Ave- nue) will also be added to the Regular Agenda. Mr. Ellingsworth moved for approval of the Agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Mr. Ellingsworth moved approval of the minutes of the Special Meeting of March 2, 1993, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. Dr. Alperin moved approval of the minutes of the Regu- lar Meeting of March 10, 1993, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Proclamations. 6.A. Mayor Lynch read and presented a proclamation proclaim- ing March, 1993, as "PURCHASING MONTH" for the City of Delray Beach. Assistant City Manager Barcinski came forward to accept the proclamation, on behalf of Ted Glas, Purchasing Officer for the City. 6.B, Mr. Mouw read and presented a proclamation proclaiming the week of April 11 through April 17, 1993, as "BUILDING SAFETY WEEK" in the City of Delray Beach. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6,C, Mayor Lynch presented a proclamation proclaiming the week of April 18 through April 25, 1993, as "DAY OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST". 6,D, Mayor Lynch presented a proclamation proclaiming April 24 through April 30, 1993, as the first "NATIONAL PRESCHOOL IMMUNIZATION WEEK" in the City of Delray Beach. 6,E. Mayor Lynch presented a proclamation calling for a Special Election for the purpose of holding a Referendum Election to expand the boundaries of the DDA, to be held on Tuesday, April 27, 1993, between the hours of 7:00 A.M. and 7:00 P.M. 7, Presentations. 7,A, Resolution No. 25-93. Resolution No. 25-93, commending Commissioner Armand Mouw for his service as a Commission Member with the City of Delray Beach, is before the Commission for consideration. The City Manager presented Resolution No. 25-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING OUTGOING COMMISSION MEMBER ARMAND MOUW. (Copy of Resolution No. 25-93 is on file in the offi- cial Resolution Book) Mayor Lynch read Resolution No. 25-93 in its entirety. Mr. Randolph moved for the adoption of Resolution No. 25-93, seconded by Mr. Ellingsworth. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; (Mr. Mouw - Abstained); Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. At this time Mayor Lynch presented Mr. Mouw with a plaque and a Key to the City. 2 3/23/93 CONSENT AGENDA 8.A, Emergency Bid Award. The Commission is to consider approval of the award of bid to Ocean Bay Construction in the amount of $19,950 for emergency repairs to improve the water pressure on S.W. 1st Street between S.W. 6th and 8th Avenues, with funding from Renewal and Replacement Water Distribution Improvements (Account No. 442-5178-536-61.78). Approval is recommended. 8,B, Authorization to Submit Grant Application. The Commis- sion is to consider authorizing staff to submit a grant applica- tion for funding in the amount of $172,424 to the Children's Services Council to support the City's afterschool recreation program. Approval is recommended. Offer Qf $gttl~men~. The Commission is to consider approval of a settlement offer in the amount of $5,000 in the Edward Mitchell v. the City of Delray Beach litigation. 8,D. Request for Release of Water Lien/43 S.W. 8th Avenue. .The _Commission.is .to consider approval of a request from Habitat for .Humanity for release of a water lien on property at 43 S.W. 8th Avenue. 8~E, R~olu~ion NO. 28-93. Resolution No. 28-93, authoriz- ing the transfer of a cable television franchise from National Cable Limited to National Cable Acquisition Associates, L.P., is before the Commission for consideration. Approval is recommend- ed. The caption of Resolution No. 28-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM NATIONAL CABLE LIMITED TO NATIONAL CABLE ACQUISITION ASSOCIATES, L.P. (Copy of Resolution No. 28-93 is on file in the offi- cial Resolution Book) 8.F. Resolution No. 30-93. Resolution No. 30-93, amending Resolution No. 18-91 which created the Kids and Cops Committee to clarify the membership composition relative to representation from the recognized bargaining unit for the Police Department, is before the Commission for consideration. Approval is recommend- ed. The caption of Resolution No. 30-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 18-91, WHICH ESTABLISHED THE -3- 3/23/93 KIDS AND COPS COMMITTEE AS AN ADVISORY BODY TO THE CITY COMMISSION, BY AMENDING SECTION 2 OF SAID RESOLUTION TO CLARIFY MEMBERSHIP COMPOSITION RELATIVE TO REPRESENTATION FROM THE RECOGNIZED BARGAINING UNIT FOR THE POLICE DEPARTMENT; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 30-93 is on file in the offi- cial Resolution Book) 8.F.1. Ratification of Appointments to ~h9 Kids and Cops Committee. The Commission is to consider ratification of staff appointments to the Kids and Cops Committee. Approval and ap- pointment of three staff members is recommended. 8.G. Resolution NO. 26-95. Resolution No. 26-93, calling for the Downtown Development Authority Special Election, is before the Commission for consideration. Approval is recommend- ed. The caption of Resolution No. 26-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ORDERING AND PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON APRIL 27, 1993, CONCERNING WHETHER AMENDMENTS SHOULD BE MADE TO THE DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT (CHAPTER 71-604, LAWS OF FLORIDA, AS AMENDED). (Copy of Resolution No. 26-93 is on file in the offi- cial Resolution Book) 8,H, R~solution NO, 22-95. Resolution No. 22-93, assessing the cost for abatement action necessary to board up an unsafe building located at 714-716 N.W. 3rd Street, is before the Com- mission for consideration. Approval is recommended. The caption of Resolution No. 22-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT -4- 3/23/93 PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 22-93 is on file in the offi- cial Resolution Book) 8,I, Resolution NO. 23-93. Resolution No. 23-93, assessing the cost for abatement action necessary to remove nuisances from 22 properties located within the City, is before the Commission for consideration. The caption of Resolution No. 23-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 23-93 is on file in the offi- cial Resolution Book) 8.J. Resolution No. 24-93. Resolution No. 24-93, assessing the cost for abatement action necessary to remove junked/abandoned vehicles from seven (7) properties located within the City, is before the Commission for consideration. The caption of Resolution No. 24-93 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR -5- 3/23/93 UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 24-93 is on file in the offi- cial Resolution Book) 8.K. Appointment of Outside Counsel. The Commission is to consider appointing outside counsel to represent the City in the Shatz v. City of Delray Beach litigation. 8.L. Summer Youth Employment Program. The Commission is to consider approval of a City sponsored Summer Youth Employment Program at an approximate cost of 817,280, with funding to come from participating departmental accounts. Approval is recommend- ed. 8.M, Award of Bids and Contracts. 1. Chemicals - Environmental Services - Jones Chemi- cal in the estimated amount of $36,882 (Chlorine), with funding from Water Treatment and Storage Chemicals (Account No. 441-5122-536-52.21); Allied Universal in the estimated amounts of $3,792 (Calcium Hypochlorite) and $25,740 (Sodium Hypochlorite), with funding from Lift Station Maintenance Chemicals (Account No. 441-5144-536-52.21). 2. Soft Drink Bending Machine Contract - DiLoreto and Sons, Inc., with a projected annual revenue to the City of $13,535. 3. Computers - Police Department - $12,846.83 (State and GSA Contract) - Magco/AC3 Computer Corporation in the amount of $12,323.93 and GTSI in the amount of $523 with funding from Renewal and Replacement Computer Equipment (Account No. 334-6112-519-64.11). Dr. Alperin moved approval of the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 9.A, Review of Appealable Land Development Actions of Vari- ous Boar~. The Commission is to 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 March 8, 1993, through March 19, 1993. Dr. Alperin moved to receive and file this report, seconded by Mr. Ellingsworth. Upon roll call the Commission -6- 3/23/93 voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 9.B. Resolution NO. 27-93. Resolution No. 27-93, requesting the Palm Beach County Board of Commissioners to seek a "No Wake Zone" designation along the Intracoastal Waterway in the area adjoining Henry's Marina, is before the Commission for considera- tion. City Manager recommends approval. The City Manager presented Resolution No. 27-93: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, REQUEST THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AN "IDLE SPEED-NO WAKE" ZONE ALONG THE INTRACOASTAL WATERWAY IN THE AREA ADJOIN- ING HENRY'S MARINA. (Copy .of~ Resolution No. 27-93 ~is on file in the offi- cial Resolution Book) The City Manager stated a request was received to look at areas both north and south of the 8th Street bridge and ad- vised that a similar condition was found at the marina south of the Atlantic bridge; therefore, it is recommended that a resolu- tion be passed asking that a "No Wake Zone" be established there. There was not adequate justification found for a "No Wake Zone" north of the 8th Street bridge. Mayor Lynch stated he feels it should apply also at least 100 feet north of the marina. Upon discussion, the Commission concurred to amend Section 1. of Resolution No. 27-93 to read "north and south of" as opposed to "adjoining" Dr. Alperin moved for the adoption of Resolution No. 27-93, as amended, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.C. Amendment to Water and Sewer Renewal and Replacement Fund. The Commission is to consider amending the Water and Sewer Renewal and Replacement Fund to reflect the audited fund balance. City Manager recommends approval. The City Manager stated, in essence, money is being moved out of different reserve accounts and surplus accounts to the manhole rehabilitation project. This money will be used on an "as-needed" basis. -7- 3/23/93 Dr. Alperin moved for approval of the amendment to the Water and Sewer Renewal and Replacement Fund, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,D~ R~tification of Collective Barqaininq Aqreement. The Commission is to consider ratification of the collective bargain- ing agreement with the International Brotherhood of Firemen and Oilers. City Manager recommends approval. The City Attorney stated this is the IBF&O unit that primarily represents the City's blue collar workers, Environmen- tal Services Department and Parks and Recreation Department. There were two open issues on the contract; one was workers' compensation and the other was with regard to wages. An agree- ment has been reached that has been ratified by the Union and is being recommended to the Commission. This agreement contains no cost of living increase nor adjustment in the range of salaries; however, there are performance increases on the order of 0% to 5% which is in line with the budget and Commission direction. There are ten employees out of 120 that are currently topped out. For those employees, there would be no potential increase during the year. Special merit pay has been negotiated, which would be a bonus system based on performance, somewhere between 0% and 3% of their gross salary. Mr. Mouw moved for approval of the ratification, sec- onded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9,E, Service Authorization NO. 12/H~z~n and Sawyer. The Commission is to consider a service authorization in the amount of $29,655 to the contract with Hazen and Sawyer for consulting services to design a pigging (cleaning) system for the dedicated raw water line from the 20 Series Wells to the degasifier located at the Water Treatment Plant, with funding from 1991 Water and Sewer Revenue Bond - Well Monitoring/Rehabilitation - Engineer- ing/Architect (Account No. 447-5171-536-31.30). City Manager recommends approval. In response to a question from Dr. Alperin, William Greenwood, Director of Environmental Services, stated that this is in conjunction with the air-stripping towers which were per- formed on a design-build emergency basis in 1988, a project of over $3,000,000. One thing that was not taken into consideration in that design, was that wells do produce sand and the pipeline is filling up with sand. Underneath the air-stripping towers there is a massive spaghetti work of piping that goes to differ- ent vaults and pumps. Getting below this particular structure is one of the biggest problems; it must be designed to be shored, -8- 3/23/93 pinned, etc., in order to be able to cut into the piping system without tumbling the entire stripping tower operation. Dr. Alperin moved for approval of Service Authorization No. 12 with Hazen and Sawyer, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. Amendment No. 2 to Service Authorization NO. 8/CH2M Hill. The Commission is to consider an amendment to Service Authorization No. 8 in the amount of $14,141 to the contract with CH2M Hill for consulting services in conjunction with the reloca- tion of Well #7 and a redesign of a new well at the North Tank, with funding from Renewal and Replacement - Well Rehabilitation, Replacement and Upgrade (Account No. 442-5178-536-61.82) (pending budget transfer). City Manager recommends approval. Mr. Mouw moved for approval, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes Saidmotion passed with a 5 to 0 vote. 9,G. Appointment to the Delray Beach Housinq Authority. The Commission is to consider the appointment of a member to the Housing Authority to fill the unexpired term of Lillie Harris ending July 14, 1994. Mr. Ellingsworth moved for the appointment of Gail Dillard, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 9.H. Appointment to the Civil Servi¢~ Board. The Commission is to consider the appointment of a member to fill the expired term of June Henley to a term ending April 1, 1995. Mr. Randolph moved for the appointment of Robert P. Ferrell, an alternate member currently serving on the board, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9,I, Appointment to the Affordable Housing Committee. The Commission is to consider the appointment of a member to the category "a citizen who is representative of those areas of labor engaged in home building" on the Affordable Housing Committee. The appointment of Byron Co Smith to the Affordable Housing Advisory Committee via Resolution No. 29-93 is recommended. The City Manager presented Resolution No. 29-93: -9- 3/23/93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 17-93, TO PROVIDE FOR THE APPOINTMENT OF A CITIZEN WHO IS A REPRESENTA- TIVE OF THOSE AREAS OF LABOR ENGAGED IN HOME BUILDING, TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 29-93 is on file in the offi- cial Resolution Book) Dr. Alperin moved for the adoption of Resolution No. 29-93, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.J. Appointments to the Neighborhood Ta~k Team. The Com- mission is to consider the appointment of four members to the Neighborhood Task Team. Dr. ~Alperin moved for the appointment of Paula Jackson, Karen Gorenson, Carolyn Holder and Daniella Henry to the Neigh- borhood Task Team, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9,.K, Settlement of Acquisition of Property/Master Pump Station. The Commission is to consider settlement of the City's acquisition of the Elks property relative to the Master Booster Pump Station project. The City Attorney stated there is an Order of Taking hearing set for April 5, 1993. An agreement has been reached, subject to Commission approval of acquisition of that property. The purchase price is $42,500, which is $16,500 over the apprais- al; however, this did not take into consideration any business damages that the Elks may suffer by the loss of parking spaces. Discussion followed regarding appraisal fees, attorney's fees, illegal parking, etc. Upon question, the City Attorney stated he would find out if the Elks currently have an insurance policy that would cover any liability that might be incurred. Dr. Alperin moved for approval of the settlement, subject to the insurance provision, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -10- 3/23/93 9,L. ~ettlemen~ of Valuations on Spady Property Acquisi- tions. The Commission is to consider a presentation by the City Attorney on the results of mediation on three remaining proper- ties, including a recommendation to settle Parcel "F" owned by Raleigh Harris. Mr. Randolph stated, because of his involvement with the Young Men's Progressive Club, he would be stepping down at this time. The City Attorney stated there are three parcels that the City has acquired through an "Order of Taking" The City is now at the valuation stage and scheduled on the docket beginning March 29, 1993, for a four week period. He is anticipating that this issue will be tried in April, 1993. The City Attorney stated, with respect to the Raleigh Harris property, there were four rental units on that property, with an original appraisal value of $70,000. Upon re-looking at the property, it would have been his trial testimony that the value was around $80,000. These properties are valued primarily on an income basis and the City settled for $90,000. The proper- ty owner's appraiser had ~appraised the property at '$108,000 and Mr. Harris was prepared to testify that the value was actually greater than that to him because he did not incur the normal management fees. The question asked by a jury would be, what did the property owner lose. It is not necessarily what the fair market value of the property is, but is framed a little differ- ently; therefore, it is appropriate for the property owner to testify that there are special circumstances involving him or his situation that may increase the value of the property. Mayor Lynch questioned what the attorney and appraiser costs would be. The City Attorney stated those costs will be subject to further hearing, as there is no stipulation on attor- ney's fees. According to the Statute, the primary consideration in determining what an appropriate attorney's fee is, is the benefit to the client and, is usually in the neighborhood of 33% to 40%. The benefit to the client was a $20,000 benefit if the settlement should be accepted, so it will be somewhere in the $6,000 range. However, in this case, he feels it can be antici- pated that the attorneys will indicate that hourly fees will be sought rather than a percentage in this case. That is a matter for the courts to determine and he feels a request of somewhere between six and ten thousand dollars can be expected. Mayor Lynch questioned the amount of the appraisal, to which the City Attorney responded that it would probably be in the three or four thousand dollar range. Upon question by Mayor Lynch, the City Attorney stated that he feels each property should be discussed individually. -11- 3/23/93 Mayor Lynch stated the recommendation from the City Attorney's office is to use the figure of $90,000; the attorney's fees and appraisal fees will be done later. Mr. Mouw moved for approval of the acceptance of the Raleigh Harris offer in the amount of $90,000, with attorney and appraisal fees to be determined at a later date, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0 vote. The City Attorney stated, with respect to the McFarland property, which is Parcel B, there were 19 rental units on the property and there was quite a disparity between the appraisals. At mediation the City offered $400,000, which was $75,000 above our appraisal and $75,000 below their appraisal. There were some updated income figures including rent receipts from 1991 and a portion of 1992 when the McFarlands owned the property. Those rental receipts were not previously available to us at the time of the appraisals. Those rental receipts showed that 1991 and 1992 were very good years for the McFarlands. Their revenues increased because _of an increase in the rent they charged bY approximately 30%. So they had rental receipts showing their gross income to be over $90,000 from those properties. Once again, with those types of properties, the appraisers are always going to say that the best way to value that property is on an income basis. Their rental receipts show a property with a net income of approximately $55,000. The appraiser for the City showed a capitalization rate of 10-3/4 percent and the appraiser for the property owner was at 13 percent. If the City apprais- er's capitalization figure is used, the figure arrived at is on the order of $400,000. If the property owner's capitalization rate is used, it amounts to about $525,000. The City Attorney recommended the acceptance of a settlement of $420,000, for acquisition of the property. The McFarlands also had a claim for trade fixtures which they had valued at $20,000, which is includ- ed in the $420,000 settlement. That represents a $95,000 benefit to the client. In addition, an attorney's fee of $30,000 has been negotiated along with that and he is recommending acceptance of that. The bottom line is, what a twelve-person Jury is going to believe the property is worth when they hear evidence that shows income valuations that could support considerably higher than $420,000. Mayor Lynch expressed concern as to how professional appraisers using the same data, can come up with a substantial difference of $325,000 to $475,000. The City Attorney stated approximately $75,000 to $100,000 of that is based on the capitalization rate that the appraisers put on the property and slight differences in the cost side of the equation. The potential difference is when the income stream is increased into the property. Mayor Lynch re- sponded that he understands the income stream, if one was working -12- 3/23/93 at $75,000 and that is raised to $90,000; however, it seems like there is a 50% offset from the first appraiser to the next one and then when you go to the Young Men's Progressive, it goes from $32,000 to $100,000. He does not understand the disparity. The City Attorney stated there is a range; one appraiser will tend to be on the high side of the equation and one of them will tend to be on the lower side. With this particular property, there is a very large variance and it has to do primarily with the much higher income that the McFarlands will testify this property generated for them. Discussion followed with regard to the buildings on the property, the condition of the buildings, the Code violations and how the owner had handled this situation. Mr. Mouw commented that the City has taken the property and the question now is how much it is going to cost if the Commission should turn down what the City Attorney is recommend- ing and go to Court. The City Attorney stated that there will be testimony presented to the Jury that the property is worth over $520,000. Juries are not necessarily sympathetic with governments taking people's properties. Mayor Lynch questioned the City Manager regarding this project and where the City will stand from a budget standpoint, if the Commission follows the recommendation of the City Attorney and settles for $420,00, plus attorney's fees of $30,000. The City Manager responded that the City would be in the hole. The City Attorney stated that the appraisals on the property for the total were at $684,765. The acquisition prices for the Young Men's Progressive Club, using the figure of $32,000 is in the neighborhood of $810,000. That is an increase of about $125,000, most of which is because of this particular property. The City received $400,000 from the School Board, so in total, this project, with attorney's fees, costs and the roadwork, will be somewhere around a million dollars, minus the $400,000 re- ceived from the School Board. Mr. Mouw moved to accept the offer of $420,000 plus $30,000 for attorney's fees for the McFarland parcel, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Upon question by Mayor Lynch, the City Attorney stated that this property (Young Men's Progressive Club) was not rented out and that is why the valuation is so different. The appraiser for the City valued the property as simply the value of the land. In fact, the $32,000 represents a negative valuation on the buildings that existed because they were non-conforming and had been shut down for more than 180 days; therefore, the property -13- 3/23/93 owners could not re-institute the use to that capacity. What their appraisal did, and this explains the difference, was to value the properties as if there were four active units and potentially four more units on there. They were looking at the property as though it had eight units, which explains the $100,000 value. Currently there are no existing active units and there were none prior to the taking for more than 180 days. Unfortunately, in retrospect for the Young Men's Progressive Club, they made a business decision not to continue renting the property. That was not the best business decision they could make, if the City was going to be taking the property. Mayor Lynch questioned if the City Attorney feels there is a better opportunity, from a Court standpoint, if the City should buy it. The City Attorney responded that the City ap- praisal is much more in line with the value of the property than that of the Young Men's progressive Club, which is at $100,000. He would recommend that, if the City is going to move up from the appraisal figure, there will be some justice in not having them lose money on the property. When they purchased the property in 1986 or 1987 at a cost of $53,700 the property had active units on it, so, in effect, it depreciated in value. Dr. Alperin moved to direct the City Attorney to nego- tiate for an amount of $55,000, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. The City Manager noted that the total property acquisi- tion budget on this project was 8800,000. Mr. Randolph returned to the Commission Chambers at this time. At this point, the time being 7:10 P.M., the Commission moved to the duly advertised Public Hearings portion of the agenda. PUBLIC HEARINGS 10,A. Comprehensive Plan Amendment 93-1 Transmittal He~ring. The Commission is to consider authorizing staff to forward Plan Amendment 93-1 to the State Department of Community Affairs. Planning and Zoning Board recommends approval. Mr. Ellingsworth questioned the wording of the added Policy A-7.10, which states: "The Traffic Engineer shall assess the need for street improvements to N.E. 4th Street between N.E. 2nd Avenue (Pineapple Grove Way) and Federal Highway immediately upon completion of the programmed improvements from Congress Avenue to N.E. 2nd Avenue." At the meeting when this was dis- cussed, his intent was to make this one project from Congress Avenue to U.S. Highway No. 1. Now it appears that it might be -14- 3/23/93 studied after the first segment is completed and that was not his intent. He feels something needs to be done east of 2nd Avenue to mitigate a very dangerous situation that would occur should only the portion west of 2nd Avenue be done. He suggested that this be a line item along with the project from Congress Avenue to 2nd Avenue. The City Manager advised the problem is that there is no funding available at this time. The portion from Congress Avenue to Swinton Avenue is County-funded, but all improvements east of Swinton must be paid by the City. At this time, the Commission is just being requested to authorize staff to forward this to the State for their comments. David Kovacs, Planning Director, stated that the pro- posed Policy A-7.10 deals with program direction to the effect that, upon completion of the programmed improvements between Congress Avenue and N.E. 2nd Avenue, the City would then make the assessment and, if warranted, go into an accelerated funding program for the remaining segment from 2nd Avenue eastward to the highway (6th Avenue). He would rather have it read that the City shall proceed at this point to develop a funding program for the extension of the project so it could tie in with the programmed improvements. Mayor Lynch commented that, the way it is written now, if a funding source should become available the City would not be able to move forward with it. Mr. Kovacs stated, should a funding source be found when this is returned in August, this policy (A-7.10) would be pulled and changed, and it would be noted that the extension shall go along with the program project. Mayor Lynch asked if wording could be added so that what is adopted tonight will state, when Congress Avenue to 2nd Avenue is finished and a money source is located, it is the intention of the City to proceed with the next portion of the project. Mr. Kovacs commented that if the City comes out with strong language that it will be done and, for some reason a decision is made not to do this, the City has set a priority and will be obliged to proceed. At this time, Mr. Kovacs reviewed some of the items contained in the report before the Commission regarding recommen- dations made by the Planning and Zoning Board. Prior to consideration of passage of this item, a public hearing has been scheduled to be held at this time. Jean Beer, 945 Tropic Boulevard, stated that, with regard to the 8th Street issue, there is $1.4 million in capital projects for which there is no identified funding source and -15- 3/23/93 those projects were put into the plan and are waiting for a funding source to be found. The Public Hearing was closed. Mr. Kovacs stated that the Planning staff recommenda- tion referred to by Mr. Ellingsworth was not to include Policy A-7.10, but was to be brought back again at the goal setting session. This does not jeopardize the City with regard to going forward, should a funding source be found. Mayor Lynch reopened the Public Hearing for the follow- ing persons: William Lewis, property owner of the 7-11 convenience store and laundromat on George Bush Boulevard, who questioned why the City tears up and destroys businesses that have been there and paying taxes since 1967. He stated that he has spoken with the beautification people and tried to comply will all demands. Mr. Kovacs stated, in the future, the City needs to put a drainage outfall in George Bush Boulevard, so for drainage purposes and to serve a greater area, the Boulevard will be "out of business" for a period of time to accommodate this major drainage improvement. With respect to the proposed beautifica- tion project, sometime within the next few weeks there will be a design meeting to show the improvements in curb cuts, landscaping and access. Sessions will be scheduled for public input and the effect on individual properties. Robert Burns, resident, questioned why it is so diffi- cult to find the funds to build a pool and rebuild the tennis courts at Pompey Park. Mayor Lynch stated the City is in the middle of a budget year; there has been a commitment by this Commission that a serious attempt be made to make the money available for Pompey Park in the next budget year. There will be an opportunity for the public to attend and offer input. Leroy Andrews, resident, stated that the Pompey Park pool has been neglected for several years and he feels it should be one of the priorities of the City Commission to correct the condition of that recreational facility. The Public Hearing was closed. Dr. Alperin moved to authorize staff to transmit Com- prehensive Plan Amendment 93-1 to the State Department of Commu- nity Affairs for review, with the exclusion of Policy A-7.10, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -16- 3/23/93 10.B. 0r~in~nce No. 24-93. Ordinance No. 24-93, rezoning property located at 630 S.E. 6th Avenue (former Tire Kingdom site) from GC (General Commercial) to AC (Automotive Commercial), is before the Commission for consideration on Second and FINAL Reading. 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. Planning and Zoning Board recommends denial. The City Manager presented Ordinance No. 24-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF S.E. 6TH AVENUE, BETWEEN S.E. 6TH STREET AND S.E. 7TH STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"~ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 24-93 is on file in the official Ordinance Book) Assistant City Attorney Ruby read the caption of the ordinance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Kovacs stated the situation that led to this con- sideration is that Tire Kingdom occupied the property and then left to move to a new location on Linton Boulevard. A Meineke Muffler franchisee negotiated a lease and, upon applying for an occupational license, learned that the property was a non-con- forming situation according to City Code. It was determined that it would be necessary for them to go through a rezoning process and obtain a conditional use approval. Planning and Zoning Board reviewed it last week and recommended denial. Michael Weiner, attorney representing the applicant, stated there are a couple of procedural matters he would like to address. His applicant is not interested in a rezoning without a conditional use approval. He noted that four positive findings must be made regarding zoning. The first concerns the future Land Use Map and a rezon- ing from GC to AC which is deemed to be consistent with the future Land Use Map. The second matter concerns concurrency, that is, that there is a maintaining of certain levels of ser- vice. There is no change in the level of service in a GC to AC zoning. The third part is consistency, that is, the zoning must -17- 3/23/93 match the area in compatibility and appropriateness. In refer- ring to a map, Mr. Weiner indicated that more than two- thirds of the block around the property in question is currently in AC use, so is compatible with the other areas. This particular location has been used for tire related services or auto related services for more than 15 years, so it is appropriate. The last is com- pliance with the Land Development Regulations. There were some difficulties connected with this, such as parking, interior landscaping, perimeter landscaping, dumpster location, sign structure, open space and outside use. Even though there is a deficiency now, there are ways to come into compliance with the Land Development Regulations. Mr. Weiner stated it seems to him that the Comp Plan allows for an upgrading of a zoning designation. He feels the public interests will not be adversely affected with this propos- al and a conditional use is appropriate. Site plan problems.have surfaced, but they can be resolved. J~mes Johnson, 755 S.E. 7th Avenue, stated he lives near this property and has always been concerned about the over- all impact on the City.with projects such as this. He challenged Mr. Weiner and his statement regarding all the properties sur- rounding the site in question as being AC zoned. It is his understanding that none of the property is zoned AC and presented photographs for viewing by the Commission showing the conditions of those properties. In his opinion, he sees this as spot zoning and a deterioration of the entire City block as it affects the approach to the downtown area. Helen Coopersmith, 1222-D South Drive, High Point, spoke in opposition to this project and the effect it will have on the public welfare. Edward Aptaker, President of the Churchill Condominium Association which is located directly across 6th Avenue from the property in question, stated this area is predominantly residen- tial. He requested that the Commission not act in favor of this application. Joan Curtin, 611 S.E. 7th Street, stated she opposes the rezoning of this property to AC. It is her opinion that AC zoning is not in conformance with the future plan for this area, contrary to what she understood Mr. Weiner to say. Mr. Curtin, 611 S.E. 7th Street, requested that the Commission not vote in favor of this project as it affects every- one who lives in the Churchill Condominimum. Joanne Warey, 611S.E. 7th Street, spoke in opposition to this project and requested that the Commission not approve it. Jean Beer, member of the Planning and Zoning Board, stated that once this property is zoned AC, it will be there -18- 3/23/93 forever and will influence the remainder of the block. Personal- ly, she feels it is not consistent with the Comprehensive Plan because it states very clearly that "stand alone auto uses will go in the commerce or industrial area". Mr~ Weiner stated in response to Ms. Beer's comment regarding the Comp Plan, he is in agreement that "future" stand alone uses should go other places, but the Comp Plan addresses those things that are presently AC uses and those that are now non-conforming. Mr. Weiner continued his rebuttal with respect to noise, deterioration of the area and policy issues concerning non-conformance. The Public Hearing was closed. Dr. Alperin stated it is his opinion that the intent of the GC zoning in this area was to make a change and he feels a zoning change to accommodate a non-conforming use in this partic- ular spot would be an abuse of the intention. Mr. Mouw questioned if the Tire Kingdom store operated under a non-conforming use under GC zoning; upon confirmation, ~Mr. Mouw then~asked why this project cannot operate as a non-con- forming use under GC zoning. The City Attorney responded that it is not a tire store. It is the opinion of the City Attorney's office that, when there is a non-conforming use presently exist- ing that is very restrictive and has only the same use and not the same category of use, it is permitted. If this is not the case, then it results in non-conforming zoning. Mr. Randolph stated he feels the impact of changing from a tire facility to a muffler facility would result in con- siderably less noise. Mayor Lynch commented that he feels this does not meet the intent of the Comprehensive Plan and he will support the Planning and Zoning Board's recommendation for denial. Dr. Alperin moved denial of Ordinance No. 24-93 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - No. Said motion passed with a 3 to 2 vote. !0.B,1, Conditional Use Approval. The .Commission is to consid- er a request for conditional use approval to establish a Meineke Muffler Shop at 630 S.E. 6th Avenue (former Tire Kingdom site) from GC (General Commercial) to AC (Automotive Commercial). Planning and Zoning Board recommends denial. The City Attorney stated that since there has been no rezoning approval, the conditional use application is moot. -19- 3/23/93 10.C. Ordinance No. 11-93. Ordinance No. 11-93, amending Appendix "A" of the Land Development Regulations by amending the definition of family, is before the Commission for consideration on Second and FINAL Reading. Planning and Zoning Board recom- mends denial. 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. Mr. Randolph left the Commission Chambers at this time. The City Manager presented Ordinance No. 11-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING THE DEFINITION OF "FAMILY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 11-93 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. D~ni~ll~ H~nry, speaking on behalf of the Haitian community, stated she would like to commend the Commission for recognizing the problem in enforcing an unfair ordinance on unrelated family members. The public hearing was closed. Mr. Ellingsworth moved for denial of Ordinance No. 11-93 on Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph returned to the Commission Chambers at this time. 11, Comments and Inquiries on Non-Aqenda Items from the Public. Il.A, City Manager's Response to Prior Public CQmm~n~ ~nd Inquiries. ll.A.1. The City Manager responded to an inquiry regarding the sidewalks on S.W. 6th Avenue by stating that this avenue is included in the City's Master Drainage plan which means drainage -20- 3/23/93 improvements will be constructed in S.W. 6th Avenue at some point. When this occurs, new sidewalks will be installed. Since those drainage improvements are still in the planning stage, construction will probably be delayed for a couple of years. He is of the opinion that it would not be a wise use of public funds to install them at this time, only to tear them up at a future date. lI.A.2. The City Manager stated, with regard to maintenance problems at the Catherine Strong Center, that this center is leased to Palm Beach County and they are responsible for repairs and maintenance of fencing, interior and exterior painting of the buildings, all existing outdoor play structures and all outdoor lighting in paved areas. The County will be notified that the City of Delray is not happy with the maintenance. ll.A.$, The City Manager responded to inquiries regarding Code Enforcement issues brought up at the Commission workshop held at Pompey Park, relating to a problem with the property owned by Mr. Burns, located at 230 S.W. 3rd Avenue. Mr. Burns stated he was incorrectly cited for work done to property other than his and the picture taken was not that of his property. The Code En- forcement officer met with Mr. Burns on March 2nd and assured him that the picture was correct and that it did include a portion of the adjacent property. ll.A.4~ The City Manager, in response to the inquiry from Mr. Jackel regarding the proposed beautification of Lake Ida Road between Congress Avenue and Military Trail, suggested that this is an issue that should be discussed at a City Commission worksession. He feels it is very difficult to recommend that any significant landscaping be done; the most simplistic approach would be to establish shade trees at 50 feet on center at a cost of $80,000 for the two mile length. He also feels the persons who reside along the road and those who have raised concerns, should try to take advantage of what exists now and yet work within the limitations that the County has imposed. ll.A~5, The City Manager stated Mr. Burns also commented about residents being forced to put in improvements such as driveways and sidewalks. He is not aware of any case wherein the homeowner has been required to make these improvements at an existing home. This may have resulted from the workshop meeting at Pompey Park where the Neighborhood Task Team Chairmen spoke on proposed ordinances, which are not currently in effect. II,B, From the Public. ll.B.1. Ms. Jsy Slavin, resident of Rainberry Bay, congratulat- ed Barbara Smith on her recent election to the Commission. She also congratulated the City on the completion and success of the new tennis center, with compliments to Digby Bridges. -21- 3/23/93 Ms. Slavin commented on the proposed new clubhouse facility at the golf course, stating that on the face of it, it looks like it will be another great facility for the City. She feels, however, that there is a fundamental flaw in the proposal in that there is no build-in base for this kind of clubhouse as there is at other facilities like the Polo Club and Aberdeen, where the residents of the communities belong to the clubhouse and dine at the restaurant on a regular basis. This is their bread and butter; they cannot depend on the occasional dinner dance, banquet or luncheon given by an organization. In addi- tion, such a large clubhouse facility at the golf course would be in competition with the few facilities that are available for use in Delray Beach, such as the Holiday Inn, the Tap Room, the Colony Hotel and other places that could be used. Ms. Slavin further stated that she feels a new clubhouse is needed at the golf course, but the proposed facility is too large and will not be supported by the community. ll.B.2, Minister Aleem Fakir, 315 Sapodilla Avenue, West Palm Beach, Executive Director of the PEACE Organization (People Engaged in Active Community Efforts) of Palm Beach County, ex- pressed concerned about what he sees as .a continuing effort to separate one of their members, Officer James Cook, from the Delray Beach Police Department. He feels the situation is creat- ing an atmosphere of divisiveness in the community. The PEACE organization is a strong supporter of the police departments in the County, including Delray Beach, but the ongoing charges against Officer Cook and his wife, Officer Verna Cook, lead him to believe that there is an intentional effort to separate the Cooks from the Police Department. PEACE wants to save the local government money and ease the tensions which they see building in the community. Mr. Fakir asked the Commission to stop the har- assment and to order the City Manager to put Officer James Cook back to work so that he can go about doing his job. ll.B.3. MS. Diana Brown, N.W. 42nd Court, Sunrise, spoke on behalf of Officers James and Verna Cook, stating that while reviewing Officer James Cook's record, she noted that in addition to wanting to fire Officer Cook because of allegations that he did not tell the truth during an internal affairs investigation, she also read that the Chief of Police banned a United States citizen, a police officer and an individual from attending a public park. Ms. Brown questioned the Police Chief's authority and questioned why the City Manager is allowing these kinds of things to happen. She stated that if the Commission does not do something now, the City of Delray Beach will have a big problem. Ms. Brown stated that she felt the actions against James and Verna Cook were discriminatory and retaliatory for their filing of EEOC suits. ll.B,4. Mr. Reno Wells, Chairman of the Legal Committee for the Guardians of South Florida, a taxpaying citizen of the State of Florida and West Palm Beach, and also a Police officer, expressed his opinion about what appears to him to be the practice of -22- 3/23/93 institutionalized racism on the part of the Delray Beach Police Department via the "administrative lynching" of Officers James and Verna Cook. He stated that he had been asked by his constit- uents and the concerned citizens of Delray Beach to remind the City of Delray Beach and its Police Department about what he referred to as "the silent picture", and what he feels is the "constant, blatant practice of racism and disparity". He spoke at some length on this issue, citing certain statistics as to the demographic makeup of the city overall and correlating represen- tation within the Police Department. He referred to the City's one Haitian Police officer who, as he understands, was forced to resign; the demotion of a Black dispatcher with numerous years of experience who, subsequently, was exonerated and reinstated via legal defense and who now has a civil suit pending; a Black female who was given an evaluation score of zero by a White supervisor; harassment of a disabled White female and the assign- ment of a reportedly qualified, non-tenured White supervisor over tenured Black and Hispanic females. Mr. Wells concluded by making reference to various code cites of Federal and State law prohibiting discrimination. ll.B.4. Mr, LgQnard Mitchell, 727 Place Tavant, spoke in refer- ence to the Carver School and any decision which may be forthcom- ing with respect to the naming of the new school facility. Mr. Mitchell spoke strongly in favor of naming the school Dr. George Washington Carver Middle School to recognize the significance and contributions of the old Carver School to the community as well as the individual contributions to the entire county by Dr. Carver. ll.B.5. Mr. Jerry Marshall, resident of Woodlake, advised that the Education Board of Delray Beach had unanimously approved and will recommend to the City Commission and to the Palm Beach County School Board the continuation of the name of George Wash- ington Carver Middle School at the new facility. .ll.B.6. Mr. Leroy Andrews, 618 S.W. 6th Avenue, re-emphasized the need for sidewalk improvements throughout the southwest area, and the need for clean-up and improved maintenance at the Cathe- rine Strong Center. ll.B.7. MS. Virginia Snyder stated that she was surprised and shocked to learn that Catherine Strong Center is leased to the County and asked why the City cannot take it back from the County for use as a City park or facility for young people. Mayor Lynch advised that this is being worked on. .ll.B.8. Mr. Jonathan Green, resident, stated that he was very dismayed about the refusal on the part of a City Commissioner to meet with him to discuss an issue. Mr. Green also questioned why there was not a picture of any Black individuals included with those on display in the Commission Chambers. -23- 3/23/93 ll.B.9. Mrs. Ardeth Dobson, 907 S.W. 3rd Court, discussed a letter she had received from the Police Department regarding a complaint she had made, but it only gave the name of the Black officer involved and not the name of the White officer. Mrs. Dobson stated there is too much racism and segregation in the Police Department. She further stated that she had gone beyond the City and had gotten the crack addicts out of her neighbor- hood, no thanks to the Police Department. After four and one- half years, it took someone else two days and they were gone. ll,B.10. Ms. Alice Finst, 707 Place Tavant, stated that she wished to thank Lula Butler and her staff for their assistance in providing a directional map for the Pineapple Grove area. FIRST READINGS 12.A. Ordinance NQ, 25-93. Ordinance No. 25-93, rezoning a portion of the Congress Park South property from PCC (Planned Commerce Center zone district to LI (Light Industrial) zone district, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held April 13th. The City Manager presented Ordinance No. 25-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE LI (LIGHT INDUSTRIAL) DISTRICT, SAID LAND BEING LOCATED ON THE WEST SIDE OF CONGRESS AVENUE, BETWEEN ATLANTIC AVENUE AND LOWSON BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Mayor Lynch opened the floor to public comment. Arthur Jackel, resident, stated the City is again faced with a proposed change in the Comprehensive Land Use Plan, a change in zoning. He expressed concern about repeated attempts to change the Plan. In his opinion a storage warehouse is not a beautiful facility and nearby is a small community of middle- class homes. Truck traffic and the noise factor are just a couple of reasons to prompt him to request that the Commission reject this proposal. Michael Weiner, representing the applicant, noted that there is no Comprehensive Plan change, but a request for a change -24- 3/23/93 in zoning from PCC to LI. The LI zoning designation is the new zoning for Light Industrial, for the purpose of being sensitive to the surrounding areas, sensitive to wellfields and having less of an impact than that under the PCC district. This is not a developer, but an owner-user building and a special purpose building to be used for corporate headquarters. The purpose of this building is, indeed, a very large warehouse facility where only quality goods will be handled and will create approximately 150 new jobs. Dr. Alperin moved for the adoption of Ordinance No. 25-93 on First Reading, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.B. Ordinanc~ No. $2-95. Ordinance No. 32-93, amending the Land Development Regulations by modifying Section 4.4.26(C)(4), "Accessory Use and Structures Permitted" to clarify the type of retailing and the amount of floor area which may be devoted to retail use; and, amending Subsection 4.3.4(K), "Development Standards Matrix" to provide for a reduction in lot frontage from 100 feet to zero in the LI (Light Industrial) zone district, is before the Commission for consideration on First Reading. Plan- ning and Zoning Board recommends approval. If passed, Public Hearing will be held April 13th. The City Manager presented Ordinance No. 32-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DIS- TRICT'' SUBSECTION 4o4o26(C), "ACCESSORY USE AND STRUCTURES PERMITTED", SUBPARAGRAPH (4), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE TYPE OF RE- TAILING AND THE AMOUNT OF FLOOR AREA WHICH MAY BE DEVOTED TO RETAIL USE; AMENDING SEC- TION 4.3.4(K), "DEVELOPMENT STANDARDS MA- TRIX", TO PROVIDE FOR A REDUCTION IN THE LOT FRONTAGE REQUIREMENT FOR THE LIGHT INDUSTRIAL ZONE DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 32-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 5 to 0 vote. -25- 3/23/93 12.C, Ordinanc~ No. 30-93. Ordinance No. 30-93, amending the Land Development Regulations by modifying Section 4.6.16(f)(3), "Irrigation Design Standards" to require the installation of rust inhibiting systems with new irrigations systems (excluding single family residents) and the use of rain sensing devices on all new irrigation systems and modification to existing systems, is before the Commission for consideration on First Reading. Plan- ning and Zoning Board recommends approval. If passed, Public Hearing will be held April 13th. The City Manager presented Ordinance No. 30-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.16, "LANDSCAPE REGULATIONS", SUBSECTION 4.6.16(F)(3), "IRRIGATION DESIGN STANDARDS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE REQUIRE- MENTS FOR THE USE OF RUST INHIBITOR EQUIPMENT AND RAIN SENSING DEVICES FOR IRRIGATION SYSTEMS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 30-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.D. Ordinance No. 26-93. Ordinance No. 26-93, amending the Land Development Regulations by modifying Section 2.4.3 (D), "Preliminary Engineering Plans", to include surface water (drain- age) calculations as a submission requirement of the site plan review process, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held on April 13th. The City Manager presented Ordinance No. 26-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3, "SUBMISSION~ REQUIREMENTS", SUBSECTION 2.4.3(D), "PRELIMINARY ENGINEERING PLANS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO CLARIFY THE RE- QUIREMENTS ASSOCIATED WITH PRELIMINARY ENGI- NEERING PLANS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -26- 3/23/93 Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 26-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote. 12,E, Ordinance No. 27-93. Ordinance No. 27-93, amending the Land Development Regulations by modifying Sections 2.4.5(I)(a) and (b), "Architectural (Appearance) Elevations", to require Site Plan Review and Appearance Board or Historic Preservation Board approval of color changes to structures or elevations, is before the Commission for consideration on First Reading. Planning and Zoning recommends approval. If passed, Public Hearing will be held April 13th. The City Manager presented Ordinance No. 27-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING -. SECTION 2.4.3(I), "ARCHITECTURAL (APPEARANCE) ELEVATIONS" SUBPARAGRAPH (1), "RULES", OF THE LAND DE%ELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE SPECIFIC LANGUAGE REQUIR- ING BOARD APPROVAL OF A CHANGE IN EXTERIOR COLOR TO A BUILDING OR STRUCTURE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 27-93 on First Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.F. Ordinance No. 31-93. Ordinance No. 31-93, amending the Land Development Regulations by modifying Section 6.1.10(B)(2)(d) to bring the City's fire flow standards into conformance with those currently accepted by the Insurance Service Office, is before the Commission for consideration on First Reading. Plan- ning and Zoning Board recommends approval. If passed, Public Hearing will be held April 13th. The City Manager presented Ordinance No. 31-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.1.10, "WATER SYSTEM", SUBSECTION -27- 3/23/93 6.1.10(B)(2), "FIRE PROTECTION PROVISIONS", SUBPARAGRAPH (d), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR A NEW STANDARD REGARDING FIRE FLOW REQUIRE- MENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 31-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.G. 0rdin~nce No. 29-95. Ordinance No. 29-93, amending the Land Development Regulations by modifying Sections 4.4.10 "Auto- motive Commercial (AC) District, Subsections (G) and (H) to provide for the transfer of authority for certain specific waiv- ers ~from~the .Planning and~ Zoning Board to the Site Plan Review and Appearance.Board, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held April 13th. The City Manager presented Ordinance No. 29-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DIS- TRICT'', SUBSECTIONS (G) AND (H), OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE TRANSFER OF AUTHORITY FOR WAIVERS TO CERTAIN DISTRICT REGULATIONS, FROM THE PLANNING AND ZONING BOARD TO THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance No. 29-93 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes. Said motion passed with a 5 to 0 vote. 12,H. Ordinance No. 28-93. Ordinance No. 28-93, amending the Land Development Regulations by deleting Section 2.4.7(F)(2)(a-d) which provided the mechanism for obtaining special relief from -28- 3/23/93 improper regulations, is before the Commission for consideration on First Reading. Planning and Zoning Board recommends approval. If passed, Public Hearing will be held April 13th. The City Manager presented Ordinance No. 28-93: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF THE LAND DEVELOPMENT REGULATIONS, OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SUBSECTION 2.4.7(F)(2), "RELIEF FROM IMPROPER REGULATIONS", IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Assistant City Attorney Ruby read the caption of the ordinance. Mr. Mouw questioned how relief can be obtained should an improper regulation occur at a future date. Mr. Kovacs stat- ed, since the sunset of last year, it would be necessary to go through a full process. Previously, there was a short cut pro- cess with a member of the Commission, a member of the Planning and Zoning Board and the Building Official being able to review an item and bring it directly to the City Commission with a recommendation. Now, it is necessary to go through P&Z and the notice procedures. Mr. Mouw questioned what the harm would be in having this kind of quick relief process on the books in the event that an owner has done nothing with his property for a number of years, then under the new Comp Plan, he suddenly has a problem. The City Attorney stated it is a question of philosophy and policy for the Commission to consider. Mr. Kovacs stated if the Commission would like to defer this item, have legal counsel consider the concerns of the Com- mission and return at a later date, direction could then be given to do away with the sunset provision, give another direction, or go forward with the ordinance. His recommendation would be to defer it and perhaps change the wording. Mr. Mouw moved to defer Ordinance No. 28-93 and refer it back to the City Attorney's office, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. -29- 3/23/93 At this time the Commission returned to the Regular Agenda. 9,M~ Settlement of Prescott V, City of Delray Beach. The Commission is to consider a settlement offer in the Prescott v. City of Delray Beach. The City Attorney recommends settlement of attorney's fees in the amount of 85,000 in exchange for the voluntary dismissal with prejudice of this case. The City Attorney stated this is Mr. Prescott's lawsuit challenging the City's old flag ordinance and its effect on him. An agreement has been reached with Mr. Prescott's attorney for a voluntary dismissal, with prejudice, of the case and payment of attorney's fees in the amount of $5,000, as opposed to the $3,000 requested in December of 1992. A new flag ordinance has been adopted that he feels will withstand constitutional muster and put the City in a much better position to defend this type of lawsuit. His recommendation is that the Commission accept the settlement offer, as fees will accelerate rapidly from this point in time. Mr. Randolph moved for approval of the settlement in the amount of $5,000, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. 9.N, Naming Qf the New Middle $¢hool on West Atlantic Ave- nue. The Commission is to consider approval of the renaming of the new middle school on West Atlantic Avenue. Mr. Ellingsworth stated that he attended the Education Board meeting last week and it was unanimously recommended that the name Carver Community Middle School follow to the new school. He feels that Carver High School and Carver Middle School are an integral part of the history of this community. He suggested that the Commission concur with the Education Board and make a recommendation to the School Board that the name be passed on to the new school. Mr. Ellingsworth moved to direct staff to notify the School Board of the recommendation by the Commission and the Education Board to allow the present name of Carver Community Middle School to be passed on to the new school, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A.1. Mr. Ellingsworth asked if the City Manager had had a chance to check on the request made at the last meeting concern- ing the billboards. -30- 3/23/93 The City Manager stated that the Community Improvement Department has asked the City Attorney's office for their recom- mendation on a removal date or amortization schedule for the removal of those billboards, and has not had a response as yet. Mr. Ellingsworth asked that a report be provided at the next regular meeting. 13.A.2, Mr. Ellingsworth commented on a letter received from the Boys and Girls Club of Palm Beach County in which a statement was made, "We appreciate the financial commitment of $85,000 per year beginning next October." Mr. Ellingsworth was somewhat concerned about this statement in that he was not sure the Com- mission had made a firm financial commitment, but rather had given assurance that the matter would be looked at during budget sessions. However, the letter indicates to him that the Boys and Girls Club feels that funding has already been approved in the amount of $85,000 per year for so many years and, if this is not the case, he feels they should be so notified. Mayor Lynch advised that there was a consensus in which their request for a $100,000 grant was turned down, but the Commission did say .that they would start them off next fiscal year with $85,000. There was not a five year commitment, but it was agreed for next year. The City Manager stated that when it was identified that the City could use Community Development Block Grant funds, and there was an increase available to cover this, it was his understanding that the consensus of the Commis- sion was to do it. On further discussion, it was agreed that it should probably be clarified that the commitment was for this next year only, and that the funding request would need to be reviewed on a yearly basis. This Commission cannot commit future Commissioners to continue this same process. 13.A.3. Mr. Randolph had no comments or inquiries. 13.A.4. Dr. Alperin referred to a letter received from the PEACE organization about Pompey Park and stated that the City should not tolerate any type of racist treatment whatsoever, nor should there be any preference, disallowance or poorer treatment for any section of the City. His concern had to do with the origin of the letter. A few of the individuals who had spoken earlier mentioned this organization, but they did not mention they were residents of Delray Beach and the letter indicates they are not residents. The law requires that information be provided and the City should provide it, but Dr. Alperin felt that City staff should not be going out of their way for non-residents if the residents are not coming out. He stated that his direction to staff would be, should an outside group want to meet and staff has the time and can manage it, that would be fine, but citizens are to take preference. -31- 3/23/93 13.A.5. Dr. Alperin questioned if the Planning and Zoning Board or SPRAB had been given any information on the golf course club- house proposal. He suggested that these boards take a look at the proposal and give some recommendations to the Commission. Mr. Kovacs stated that he would not want to go to a board with such an undefined project. Dr. Alperin stated that he feels it would be worthwhile for either or both P&Z and SPRAB to look at what has been provided and give their comments while the Commission is waiting for the legal documents to come through. Mr. Kovacs requested that a representative be present to explain the project when it is scheduled for consideration. 15,6, Dr. Alperin reminded the Commission that the School Board will be meeting on School Site "S" on Wednesday, April 21, 1993, and anyone who can attend should do so. 13.?~ Dr. Alperin referred to the March 19th Legislative Bulletin regarding HB 491 and SB 1210 on Attorney Client Rela- tionships and suggested that it would be a good idea for each Commission to send a letter in support of this legislation. The Commission concurred to have a letter drafted and faxed to the members of the Legislative Delegation. 13.A.8. With regard to the Code Enforcement packet provided this evening, Dr. Alperin questioned how the liens got to the point they are at, a couple in the amounts of $16,000 and 82,700, and where they are going. 13.A~9, Dr. Alperin stated that, although he and Commissioner Mouw disagreed On many items, he had greatly enjoyed working with him, has learned a lot from him and commended Commissioner Mouw for giving a tremendous amount to the City with his knowledge of construction and development. 13.A.10. Mr. Mouw, in reference to a memo provided by the City Attorney concerning the settlement with Atlantic Plaza on the lift station odors, stated that the Commission passed on a set- tlement agreement several months ago and it is his understanding that this has not been consummated for various reasons. He has been advised by Mr. Simon that the proper releases from the tenants and also from Atlantic Plaza have been provided to the City Attorney, who is now asking him to indemnify and hold harm- less the City against any and all claims that may arise in the future from anyone concerning any odors or anything having do to with the problem. Mr. Mouw stated that he feels this was an unreasonable request and, for his part, would direct the City Attorney to settle the matter in the manner approved by the City Commission on December 8, 1992. After discussion, it was the consensus of the Commis- sion to accept the releases provided by Mr. Simon and to issue the check in settlement of the matter. The item will be added to -32- 3/23/93 the Organizational meeting scheduled for Thursday, March 25, 1993, for formal approval. i$,A,11. Mayor Lynch had no comments or inquiries. 13.Bol. The City Attorney stated, with respect to newsracks, correspondence has been received from the Newspaper Committee, concerning the removal of certain racks in exchange for addition- al locations on private property. Specific recommendations from the committee will be submitted to the City with respect to the overall ordinance. The time period extended by the Commission has expired and he feels it should be extended for another 30 days to allow staff to meet with the committee, discuss their proposals and present them to the Commission. Mayor Lynch ex- pressed the feeling that another 30 days would be allowable but any further procrastination would not be tolerated. 13.B.2. The City Attorney commented that, with regard to the Heritage application for use of the old bowling alley site to develop a kid's center and hold special events, the Commission had previously focused on the intensity of the special events and potential parking problems that would occur from a land use perspective. The applicant has requested an opportunity to address the Commission with respect to those issues to see if they can get further direction before going through the condi- tional use process again. He is asking for direction. The Commission concurred to place this on an upcoming workshop. Mayor Lynch declared the meeting adjourned at 10:30 P.M. ATTEST. The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of March 23, 1993, which minutes were formally approved and adopted by the City Commission -33- 3/23/93 NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -34- 3/23/93