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01-18-05 Minutes JANUARY 18. 2005 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 18, 2005. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Perlman announced that the opening prayer will be done in memory of Representative Shirley Chisholm who passed away a few weeks ago. He stated she was the first African-American woman elected to Congress. In addition, Mayor Perlman stated Dr. Paul Ehrlich (a local resident) who served as Acting Surgeon General of the United States passed away last week. 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Del ray. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Item 9.J., Prooertv ACQuisition Status Reoort to the Regular Agenda by addendum. In addition, he stated there is a revised Ordinance 77-04 (Item 12.A.). Mr. Levinson requested that Item 8.1.2., Award of Bids and Contracts, be moved from the Consent Agenda to the Regular Agenda as Item 9.A.1. Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 01/18/05 5. APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of January 4, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of January 11, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMA TIONS: None. 7. PRESENTATIONS: 7.A.1. Free to Grow Presentation - Dr. Carmen Nicholas Dr. Carmen Nicholas, Director for the Division of Head Start and Children's Services for Palm Beach County, gave a brief overview of the Free to Grow Program and presented both Mayor Perlman and Chief Schroeder with a framed certificate. She thanked City staff, the Police Department, and the City Commission for their support. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 2-05: Approve Resolution NO.2-OS assessing costs for abatement action required to remove nuisances on seven (7) properties throughout the City. The caption of Resolution NO.2-OS is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH AND PROVIDING 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 ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE - 2 - 01/18/05 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. (The official copy of Resolution NO.2-OS is on file in the City Clerk's office. ) 8.B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND SIDEWALK EASEMENT/1185 EAST ATLANTIC AVENUE: Approve and accept a right-of-way deed and sidewalk easement associated with the 1185 East Atlantic Avenue Site Plan Modification, located at the northwest corner of East Atlantic Avenue and Andrews Avenue (1185 East Atlantic Avenue). 8.C. RESOLUTION NO. 3-05: Approve Resolution NO.3-OS supporting the strengthening of Chapter 791, Florida Statutes, relating to the regulation of fireworks. The caption of Resolution NO.3-OS is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, SUPPORTING THE STRENGTHENING OF CHAPTER 791, FLORIDA STATUTES, RELATING TO THE REGULATION OF FIREWORKS IN THE STATE OF FLORIDA. (The official copy of Resolution NO.3-OS is on file in the City Clerk's office. ) 8.D. ADDENDUM NO. l/CONSULTING AGREEMENT/LANGTON ASSOCIATES. INC.: Approve Addendum No. 1 to the consulting agreement with Langton Associates, Inc. to provide for the extension of the agreement on a month to month basis as previously approved by the Commission. 8.E. SPECIAL EVENT AGREEMENT/JOINT VENTURE: Approve an agreement between the City and the Joint Venture for Joint Venture sponsored special events. 8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3,2005 through January 14, 2005. 8.G. CONSENT TO SUBORDINATION OF MORTGAGE/CRISANTI DEED: Approve the Subordination of Mortgage for the revised Crisanti Easement Deed. - 3 - 01/18/05 8.H. AMENDMENT NO. 3/MATCH POINT. INC.: Consider approval of Amendment NO.3 to the amended and restated agreement between the City and Match Point, Inc. to allow a reduction in Match Point's charity contribution to the City's charity fund for the 2004 and 2005 years from $50,000.00 to $25,000.00. 8.1. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Business information Systems, Inc. in the amount of $18,663.50 to purchase the Digital Audio Recording System (FTR Gold) including support services; and the purchase of one (1) laptop computer from Dell in the amount of $1,619.32 for the City Clerk's Office. Funding is available from 001-1411- 512-64.90 (General Fund/Other MachineryÆquipment), 001-1411- 512-46.90 (General Fund/ Other Repair/Maintenance Costs), and 001-1411-512-64.11 (General Fund/ Computer Equipment). 2. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1. 3. Purchase award in the amount of $22,151.00 to Innovative Surveillance Technology to upgrade outdated equipment on Police Department's Vice, Intelligence, and Narcotics (VIN) Unit's undercover surveillance vehicle. Funding is available from 115- 2112-521-64.90 (Special Projects Funds/Law EnforcementÆquipment/Other) . 4. Bid award to multiple vendors for the purchase of road construction materials for the City via Co-op Bid #2004-43 at an estimated annual cost of $65,000.00. Funding is available from various departments (Streets Division/Construction Division) operating budget and capital project accounts. Mr. Costin moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/AVENUE EAST: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding a Class V Site Plan, Landscape Plan, and Architectural Elevations associated with the development of Avenue East (aka Grove Square), located on the east side of S.E. 2nd Avenue, between East Atlantic Avenue and S.E. 18t Street. (Quasi-Judicial Hearing) Mayor Perlman read into the record the procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. - 4 - 01/18/05 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he met with Mr. Price Elam. Ms. McCarthy stated she had a conversation with Michael Weiner. Mayor Perlman stated he met with Mr. Elam and the architect Randall Stofft. Mr. Costin stated he had a telephone conversation with Mr. Elam. Mrs. Archer stated she had a telephone conversation with Mr. Weiner. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2004-288 into the record. Mr. Dorling stated at its meeting of December 15, 2004, SPRAB approved (vote 4-0, Mayer Abbo, Reginald Cox, and Christina Morrison absent) a Class V site plan, landscape plan and architectural elevations associated with the construction of a five-story mixed-use development (55 dwelling units/850 square feet retail). The City Commission had approved the conditional use requests associated with the Avenue East development proposal (then known as Grove Square), they had noted a concern that the style of architecture proposed was too industrial for and thus out of character with the area where the building was proposed (i.e. within the heart of the commercial corridor). At its meeting of January 4, 2005, the City Commission voted unanimously (5-0) to appeal the SPRAB action concerning Avenue East. The City Commission reiterated concerns over the industrial façade of the development and that such a style of architecture may not be appropriate given its proximity to East Atlantic Avenue. A change to the color scheme of the building and/or modifications to the architectural details of the building should be considered to remedy the concerns of the City Commission. At this point, the applicant came forward. Price Elam, owner of the project, gave a brief presentation regarding the changes that have been made to the Plan. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition, to come forward at this time. Alice Finst, 707 Place Tavant, representing Progressive Residents of Delray (PROD), stated there should have been more Board representation and that the membership should have been larger for a Class V site plan. She does not feel the changes are that substantial and it is too massive in its design. She urged the Commission to review the voting process for Class V site plans. Brief discussion by the Commission followed. Mr. Levinson stated he met with Mr. Elam and reviewed the amended proposal and feels the applicant has made significant changes and is now a much better - 5 - 01/18/05 looking project. Mr. Levinson stated the modifications the applicant has proposed are much more appropriate to a residential location than an industrial location. Mrs. Archer stated the changes that have been made are very nice and is much more in keeping what the City is looking for. Mayor Perlman echoed comments expressed by Mr. Levinson and Mrs. Archer. He commended Mr. Stofft and Mr. Elam for the great job they did at softening the building and for taking the suggestions of the Commission and putting them into practice. Mr. Costin moved to approve the appeal of the Site Plan Review and Appearance Board's approval of a Class V Site Plan, Landscape Plan and Architectural Elevations associated with the Development of Avenue East, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.A.1. Purchase award to R&S Inte2rated Products and Services. Inc. in the amount of $22.995.00 to purchase the Easv A2enda Software includin2 support and uP2rades: and the purchase of ei2ht (8) laptop computers from Dell and ten (10) USB Drives from PC Universe in the amount of $13.424.56 for the paperless a2enda. Fundin2 is available from 001-1411-512-66.10 (General Fund/Software). 001-1411- 512-46.90 (General Fund/Other Repair/ Maintenance Costs). 001-1111-511-64.11 (General Fund/Computer EQuipment). 001-1211-512-64.11 (General Fund/Computer EQuipment). 001-1802-512-64.11 (General Fund/Computer EQuipment). and 001-1411-512-64.11 (General Fund/Computer EQuipment). Mr. Levinson suggested that some of the dates in the agreements be amended. Secondly, he does not feel there is much to offer with regard to training. Mr. Levinson stated based on the experience that the School Board has had with their paperless agenda they have spent several hours trying to work out glitches. He expressed concern with the open end amount of $1,500 per day for training and stated in the beginning it is going to take a few meetings to work through some of the glitches and there is going to be a significant learning curve based upon previous experience on what other cities have done and feels staff should provide a certain number of hours upfront for this. After brief discussion, the Commission noted that they want to be included in the training for the paperless agenda. Mr. Levinson moved to approve the hardware purchase and the software purchase to come back before the Commission, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. - 6 - 01/18/05 9.B. NEIGHBORHOOD ACTION PLANIRAINBERRY WOODS: Consider approval and the adoption of the Rainberry Woods Neighborhood Action Plan presented by Lula Butler, Director, Community Improvement; Nancy Davila, Horticulturist; and Kai Holmgren, President, Rainberry Woods Homeowners' Association. Lula Butler, Director of Community Improvement, gave a brief presentation of the Rainberry Woods Strategic Task Team Neighborhood Action Plan. She stated the purpose of the Strategic Task Team is to allow the City to partner with the homeowners' association, do a comprehensive approach to addressing issues that affect the quality living environment of their neighborhood, identify issues, come up with solutions, and work hand in hand with the residents living in those neighborhoods. Nancy Davila, City Horticulturist, gave a briefPowerPoint presentation. Brad Dauler, speaking on behalf of Rainberry Woods, thanked the City of Delray Beach for helping them to improve and beautify their neighborhood. He briefly discussed the reasons for the current state of the neighborhood. Mrs. Archer commented about auto repairs being done in the driveways and out of garages. Mrs. Butler stated this is definitely not allowed and this is being addressed through Code Enforcement. Mrs. Archer expressed concern over the Live Oak trees and stated after 3-5 years these trees must be pruned every other year or they become problems in strong windstorms. She inquired about the use of these trees because she feels this is a financial impact on the community. Ms. McCarthy expressed concern over the bus route. Mr. Levinson stated he attended a meeting at the church and noted it was interesting to see the lack of participation by the elected Board. He commended the neighborhood for their efforts and coming up with a terrific plan to improve the neighborhood. Mayor Perlman stated this is a wonderful effort and asked how staff is phasing this. Mrs. Butler stated staff is proposing a three year phasing project. The first phase will include landscaping, signage, irrigation, mailboxes, and some new fencing. The second year the traffic calming elements will be provided and the third year the playground equipment and recreational components will be provided. Mayor Perlman congratulated the neighborhood for the Rainberry Woods Strategic Task Team Neighborhood Action Plan. Mr. Levinson moved to approve the Rainberry Woods Neighborhood Action Plan, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. - 7 - 01/18/05 At this point, the time being 7:10 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 75-04: Future Land Use Map Amendment (FLUM) from County HR-8 (High Density Residential-8 dwelling units per acre) to City MD (Medium Density Residential 5-12 dwelling units per acre) and annexation with initial City zoning of RM-8 (Medium Density Residential-8 dwelling units per acre) for Gramercy, located 260 feet west of Military Trail and 710 feet south of West Atlantic Avenue. Prior to consideration of passage of Ordinance No. 75-04 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi- Judicial Hearing) The caption of Ordinance No. 75-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET SOUTH OF WEST ATLANTIC AVENUE AND 260 FEET WEST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/ AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL-8 UNITS PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 75-04 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. - 8 - 01/18/05 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he has had discussion with staff. Ms. McCarthy, Mayor Perlman, Mr. Costin, and Mrs. Archer had no additional ex parte communications to disclose other than what was previously disclosed. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project files #2004-291 and #2004-292 into the record. Mr. Dorling stated the subject property consists of 6 separate parcels with 5 single family lots plus the access tract. Three of the parcels contain single family homes and two are vacant. This is a designated annexation area for the City of Delray Beach and has an advisory land use designation of transitional which allows residential developments with a density between 5-12 units to the acre. The applicant has indicated that if they are successful in the annexation and zoning request they would combine them with the two lots that front on Military Trail and would do an overall townhouse development of approximately eight units to the acre. Mr. Dorling stated this is being processed as a FLUM amendment as well as a voluntary annexation. The FLUM amendment is processed as a small scale amendment which is not subject to the twice a year restrictions. The County designation is HR-8 which is high density residential. The required findings with respect to LDR Section 3.1.1, 3.2.2, and 2.4.5(D)(5), and that the property is contiguous, reasonably compact and does not create an enclave; and, that services will be provided to the property in a manner similar to other similar properties within the City. At its meeting of December 20,2004, the Planning and Zoning Board held a public hearing in conjunction with the requests. There was public testimony from the residents of the adjacent property to the west and their main concerns where that their properties would be landlocked and the proposed development was eliminating the alternative access point previously proposed from Military Trail. The City Attorney stated because this is an annexation and zoning the City cannot condition the annexation on any particular thing. However, direction has been given that the plat would not approved or subdivision or a site plan without showing the access that is needed. Mr. Dorling stated with regard to vacating the dedicated ingress/egress staff would not support eliminating it unless there was a similar alternative provided from Military Trail. At this point, the applicant came forward. - 9 - 01/18/05 Bradley Miller, Miller Land Planning Consultants, Inc., representing Home Devco Corporation of South Florida ( applicant), stated they are requesting annexation, land use, and zoning for a 4.8 acre parcel which will be tied in with the adjacent parcels. Mr. Miller stated the access would be from Military Trail along by a lake system and there will be units both to the north and the south of the canal. He stated the original application was for 12 units per acre for this subject parcel which would have provided for a density of approximately 9.4 acres; however, through the process he revised the application which lowered the density to 8.8 units per acre. Mr. Miller stated staff recommended the 8 units per acre which was reinforced by the Planning and Zoning Board and the applicant is now in agreement with the 8 units per acre giving them 109 units for the overall project. He stated the access is in the northeast corner in the Mil- Atlantic parcel and leads over to the corner of the parcel that is being annexed. Mr. Miller stated he is opposed to continuing the access through from the standpoint of they are building a residential community for people to live in. He is opposed to extending the road through for the public for projects that would be built on the west side. He urged the Commission to approve the annexation and stated the land use amendment would go to medium density; the zoning would go to RM-8 pursuant to staff recommendations and the Planning and Zoning Board recommendations. Mr. Miller stated he is only opposed to the access. Walter Lunsford, 14887 51st Terrace So., Delray Beach, stated he and his wife live on the first parcel and the access comes right across 51 st Terrace. He stated the County allowed the applicant to build the building in the easement which makes this a very dangerous corner because of the blind spot. Mr. Lunsford stated when trucks are loading and unloading one has to go around them to get in and out. He urged the Commission to continue it across the property to allow the property owners access and so that they can get in and out of their properties safely without worrying about trucks being in the way. Mr. Lunsford stated he has to go through a loading and unloading zone no matter which way they choose to go home and in his opinion is a non-conforming entryway to their property. He asked the City for assistance in resolving this issue. He stated the entryway on the north side of Mil-Atlantic property will prevent them from going through the development of 109 units. He stated he is not opposed to a variance being made on the five acres on the east side of 51 st Terrace of 15 feet from the road right-of-way instead of 30 feet to allow them to make up the land they are going to lose by bringing in the roadway. Barbara Robbins, 14983 51 st Terrace So., Delray Beach, stated she too lives on the five acre parcel and feels the property value will decrease if water and sewer does not get in. Mrs. Robbins reiterated comments expressed by Mr. Lunsford. Mr. Dorling stated with regard to concerns expressed about water and sewer being available to those parcels, the City will require stub-outs to serve whatever happens on the five acres whether it is an extension for the existing properties or for future redevelopment. - 10 - 01/18/05 Mr. Miller stated the photo that was shown of the truck loading is actually in an area that is designated for the shopping center which is not the legal access that is platted and recorded as part of the record for this property. Brief discussion by the Commission followed. Mr. Levinson asked what the width is of the north and south easement that will service these parcels. Mr. Dorling stated he believes it is 20 feet behind the shopping center and 60 feet wide where the dirt road is between the two five acre tracts. Mr. Dorling stated the subdivision was built before the shopping center was and the shopping center was built in front of them and the County did not provide proper access at that time. Mr. Miller stated with regard to the access issue this will be addressed at the site plan and platting stage. Mr. Levinson moved to adopt Ordinance No. 75-04 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 79-04 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.24, "Old School Square Historic Arts District" (OS SHAD), Subsection 4.4.24(B), "Principal Uses and Structures", and Subsection 4.4.24(F), "Development Standards", to allow the permitted uses and development standards of the CBD (Central Business District) zoning district to apply to the south 34.75 feet of Lot 6, Block 75. Prior to consideration of passage of Ordinance No. 79-04 on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 79-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL - 11 - 01/18/05 PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 79-04 is on file in the City Clerk's office. ) Mr. Costin declared a conflict of interest and stepped down from the dais. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. The City Attorney stated this is being conducted as Quasi-Judicial Hearing because it involves one property; however, because it is really a text change the City is reserving its rights to argue that later. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson stated he received a telephone call today from Mr. Weiner Ms. McCarthy stated she had an additional telephone call from Mr. Weiner today. Mayor Perlman stated he had no additional ex parte communications to disclose other than what was previously disclosed. Mrs. Archer stated she received the same telephone call. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file into the record. Mr. Dorling stated this request IS III conjunction with a development proposal which includes Lots 5 through 8 and 13 through 16, Block 75. Lots 13 through 16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD. Lots 7 and 8 are subject to the CBD development regulations while Lots 5 and 6 are subject to the development standards of OSSHAD. Accompanying the development request was an LDR text amendment to include Lot 5 and Lot 6 in the list of properties that could be developed pursuant to the CBD development standards. At its meeting of September 15, 2004, the Historic Preservation Board recommended approval. At its meeting of September 27, 2004, the Planning and Zoning Board recommended denial of the text amendment. At its meeting of November 7,2004, the City Commission postponed the ordinance at the request of the applicant. The applicant has revised the LDR text amendment proposal and the request now includes only the south 34.75' of Lot 6 as the property which could be developed pursuant to the allowed uses and development standards of the CBD zoning district. The remainder of - 12 - 01/18/05 Lot 5 and Lot 6 would continue to be developed under the OSSHAD district regulations providing a transition between CBD to the south and OSSHAD to the north. At its meeting of December 9, 2004, the Community Redevelopment Agency (CRA) considered the text amendment and recommended approval (4-0 vote). At its meeting of December 1, 2004, the Pineapple Grove Main Street Executive Committee considered the LDR text amendment and recommended approval. At its meeting of December 15, 2004, the Historic Preservation Board considered the LDR text amendment to Sections 4.4.24(B) & (F) and the Board unanimously recommended approval. At its meeting of December 20, 2004, the Planning and Zoning Board held a public hearing regarding this item and two people from the public expressed opposition to the proposed text amendment. After discussing the amendment, the Board voted 4-1 (Kincaide dissenting) to recommend approval of the proposed amendment to the LDR's Sections 4.4.24(B) and (F), by adopting the findings of fact and law contained in the Planning and Zoning staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, representing applicant, worked with staff and agrees with staff s presentation. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition, to come forward at this time. Diane Colonna, Executive Director of the CRA, stated this is an important compromise due to the tricky situation with two zoning districts with the land being developed. She stated the Board was unanimously in favor of this compromise and urged the Commission to support. There being no one else who wished to address the Commission regarding Ordinance No. 79-04, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 79-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 74-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix "A", "Definitions", by enacting a definition for new development, redevelopment, and in- fill development. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 74-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, - 13 - 01/18/05 AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN-LIEU PARKING FEE, ALTERNATIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT EXPANSION OF AREA 2; AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVELOPMENT AND IN-FILL DEVELOPMENT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 74-04 is on file in the City Clerk's office. ) Mayor Perlman passed the gavel to Vice Mayor McCarthy and left the dais. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated at its meeting of September 21, 2004 the City Commission considered Ordinance No. 35-05 which contained recommended changes to the in-lieu parking fee section of the LDR. The City Commission denied the ordinance over concerns with limiting the number of in-lieu spaces and the shared parking program. At its meeting of November 9, 2004, the City Commission directed staff to eliminate the two areas of concern and bring back a modified ordinance which is now before the Commission for review. At its meeting of November 16, 2004, the Parking Management Advisory (PMAB) Board, unanimously recommended approval of the proposed changes. At its meeting of December 9, 2004, the Community Redevelopment Agency (CRA) unanimously recommended approval (4-0 vote). At its meeting of December 13, 2004, the Downtown Development Authority (DDA) recommended approval although they did have concerns with the two (2) year prohibition for new construction. Staff recommends approval. Vice Mayor McCarthy declared the public hearing open. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, asked if the City still has the no fee/no interest on the in-lieu. He suggested that there be something upfront that one would pay less; if you pay immediately you pay a little more if it is on a time period. - 14 - 01/18/05 There being no one from the public who wished to address the Commission on Ordinance No. 74-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 74-04 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 1-05: An ordinance adopting the Community Redevelopment Agency Plan Amendment. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance NO.1-OS is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRA Y BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRA Y BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTE 163.360; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance NO.1-OS is on file in the City Clerk's office. ) Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy and left the dais. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. Diane Colonna, Executive Director of the CRA, gave a brief overview of the ordinance. Vice Mayor McCarthy declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 1- 05, the public hearing was closed. - 15 - 01/18/05 Mrs. Archer moved to adopt Ordinance NO.1-OS on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 3-05: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. Prior to consideration of passage of Ordinance NO.3-OS on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance NO.3-OS is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADmST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORT ATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance NO.3-OS is on file in the City Clerk's office. ) Upon his return to the dais, Vice Mayor McCarthy passed the gavel back to Mayor Perlman. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. The City Manager stated this ordinance amends the Code to include the increases in fees previously approved by the Commission. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No.3-OS, the public hearing was closed. - 16 - 01/18/05 Mr. Levinson moved to adopt Ordinance NO.3-OS on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 80-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(B), "Applicability", to provide a credit for parking under certain circumstances where a governmental entity acquires property for public parking. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 80-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (B) "APPLICABLITY" BY CREATING A NEW SUBSECTION 4.6.9(B)(4) PROVIDING A CREDIT FOR PARKING UNDER CERTAIN CIRCUMSTANCES WHERE A GOVERNMENTAL ENTITY ACQUIRES PROPERTY FOR PUBLIC PARKING, PROVIDING FOR RENUMBERING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 80-04 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated in order to acquire lands for parking, it is in the public interest to credit the private owner from whom the land is acquired with parking spaces it has vested rights to, which are then transferable to other properties owned by the same property owner within 300 feet of the property acquired by the governmental entity to acquire property in a manner that is mutually beneficial and expeditious. The distance of 300 feet was derived from and is consistent with the distance requirement currently in the LDR's associated with off-site parking agreements. Mr. Dorling stated the proposed text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. - 17 - 01/18/05 At its meeting of December 20, 2004, the Planning and Zoning Board unanimously recommended approval of the proposed ordinance. At its meeting of December 21, 2004, the Parking Management Advisory Board (PMAB) unanimously recommended approval of the proposed ordinance. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 80-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 80-04 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 78-04: City initiated amendment to Land Development Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements", Section 2.4.3(A), "Standard Application Items", Section 2.4.5(M), "Amendment to the Land Development Regulations", Section 4.5.1(C), "Designation Procedures", to provide for the elimination of certain notices not required by state law and adding new public notice requirements. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 78-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 2.4.2(B), "PUBLIC HEARING REQUIREMENTS", TO PROVIDE FOR ELIMINATION OF CERT AIN NOTICES NOT REQUIRED BY STATE LAW AND ADDING NEW PUBLIC NOTICE REQUIREMENTS AND BY PROVIDING THAT THE CONDUCT OF A PUBLIC HEARING SHALL BE IN ACCORDANCE WITH ADOPTED RULES; BY AMENDING SECTION 2.4.3(A), "STANDARD APPLICATION ITEMS", TO PROVIDE FOR A CORRECT REFERENCE TO CERTAIN NOTICE REQUIREMENTS; BY AMENDING SECTION 2.4.5(M), "AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR GRAMMATICAL CHANGES AND CLARIFYING CERTAIN LIMITS FOR AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS; AMENDING 4.5.1(C)(4) TO PROVIDE THAT NOTICES FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS WILL CONFORM TO THE NOTICES GIVEN FOR - 18 - 01/18/05 REZONINGS EXCEPT THE PROPERTY NEED NOT BE POSTED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 78-04 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the proposed text amendment is provided to streamline the notification requirements to eliminate certain notices not required by State Law; and add new notices in keeping with the requests from citizens; and to utilize the changes in technology to increase the City's ability to inform its citizens of public hearing items while reducing costs for notification through the elimination of certain published advertisements. At its meeting of December 20,2004, the Planning and Zoning Board held a public hearing regarding the proposed text amendment and the Board voted 5-0 (Borchardt and Krall absent) to recommend approval. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 78-04, the public hearing was closed. Prior to the vote, Mr. Levinson stated Commissioner McCarthy is the one who recommended posting notices on the property and he feels this is a great idea. He suggested that the City use a notice that will be easily visible, unique and consistent as like the County uses. Mr. Dorling stated staff is working with the same firm that creates the County signs and therefore the City's sign will be very similar in color, etc. to the County. Mr. Dorling stated the ordinance has an effective date of thirty days after to allow sufficient time to get the signs. Mr. Levinson moved to adopt Ordinance No. 78-04 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.H. ORDINANCE NO. 2-05: An ordinance amending Chapter 34, "Elections", Section 34-01, "State Law to Govern", to "opt-out" of the provisions of Section 101.657, Florida Statutes, the early voting requirements. 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. - 19 - 01/18/05 The caption of Ordinance NO.2-OS is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", SECTION 34.01, "STATE LAW TO GOVERN", EXEMPTING ITSELF FROM THE PROVISIONS OF SECTION 101.657, F.S., SPECIFICALLY RELATED TO EARLY VOTING; PROVIDING FOR RELETTERING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance NO.2-OS is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Del ray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No.2-OS, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance NO.2-OS on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Mana2er's response to prior public comments and inQuiries. The City Manager had no comments or inquiries on non-agenda items. 11.B. From the Public. 11.B.1. Charles Bonfield. 220 MacFarlane Drive. Delray Beach. FL 33483 stated he helped form an organization called S.A.F.E. (Safety as FDOT Envisions). The primary goal of the organization is to advocate and lobby for safe pedestrian and bicycle facilities in Delray Beach and Palm Beach County. 11.B.2. Alvin Weinstein. 200 MacFarlane Drive. Delray Beach. stated he is a member of the S.A.F.E. organization and noted last week S.A.F.E. had a meeting with Rick Chesser (FDOT's Secretary/District IV). Mr. Chesser made copies of the signed petitions and the originals will be submitted to the Commission. Mr. Weinstein stated the - 20- 01/18/05 meeting was very informative and one of the items discussed was that FDOT considers safety as the paramount consideration for all projects (roadways, bikeways, and sidewalks). 11.B.3. Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. publicly thanked Mr. Costin for his many hours of public service to Delray Beach and wished him a healthy and happy retirement. Secondly, Mr. Smith stated S.A.F.E. met and discussed other safety problems that were not addressed in the original ADHOC Committee Report. One concern is a substandard walkway on the east side of A-I-A at the northern end of the beach where pedestrians are re-routed. He commented about a woman who tripped on a walkway recently and was injured. He suggested that the walkway be brought up to standards by extending the existing sidewalk northward and stated deeded land may be used for that purpose and also for adding bicycle lanes and sidewalks on both sides of the street. Mr. Smith stated he looks forward to meeting with the Mayor to address all safety concerns regarding the speed motorists are currently driving along A-I-A. At this point, the time being 8:30 p.m. the Commission moved to Item 9.C. 9.C. REQUEST TO REDUCE LIENS/CUEVAS: Consider a request from Mr. G. Steven Brannock, representing Mr. Domingo Cuevas, to waive the interest and administrative fees totaling $9,422.25 assessed for abating nuisances on three (3) properties on N.W. 13th Avenue: 40 S.W. 13th Avenue, 35 N.W. 13th Avenue, and Lot 20, Block 1, Atlantic Park Gardens on N.W. 13th Avenue. Mr. Cuevas is prepared to pay the remaining lien of $7,996.08. Staff recommends approval. Lula Butler, Director of Community Improvement, stated this is a request from Mr. G. Steven Brannock, P.A. (agent for the owner) for three lots. These properties are addressed as: (1) 40 S.W. 13th Avenue, (2) 35 N.W. 13th Avenue and (3) Lot 20, Block 1, Atlantic Park Gardens on N.W. 13th Avenue. The total amount of hard cost, accrued interest and administrative fees is $17,418.33 through demolition and/or abating nuisances over the years. The applicant is requesting a waiver (100%) of these fees in support of applicant building new affordable housing within the next year. Based upon the policy adopted by the City Commission in October 2003, staff recommends reducing the liens in the amount of $9,422.25 and that the City require the payment within 30 days of Commission approval of the City's actual out-of-pocket costs in the amount of $7,996.08. In addition, Mrs. Butler stated staff recommends that the Commission condition the approval on the liens being released as soon as the building permit is submitted. Ms. McCarthy asked if the applicant has shared with staff the definition of affordable housing. In response, Mrs. Butler stated the applicant has not. G. Steven Brannock, P.A., (Law Office), representing Mr. Domingo Cuevas, stated he is not sure what kind of housing Mr. Cuevas intends to build although - 21 - 01/18/05 he is hoping to have something built within the next year. Mr. Brannock stated in addition to the liens it is a Quiet Title action to clear up another matter and explained it is just in the beginning of the entire process. Brief discussion by the Commission followed. Prior to the vote, Mr. Levinson stated the objective initially was to take many of the lots that were in-fill lots or houses that were in bad condition as an incentive for developers to create housing on predominantly vacant lots although some non-vacant lots. He suggested that staff review the existing policy and see if it makes sense to add the affordability component. Mr. Levinson stated the amount of the liens could be reduced by a certain percentage based upon some affordability so that the lower the price of the home the more relief one would get which would help mitigate the cost of the property. The Commission concurred with comments expressed by Commissioner Levinson. Mr. Levinson moved to approve the request to reduce liens in the amount of $9,422.25 subject to the condition that the liens are paid within thirty (30) days from City Commission approval and that the liens are released upon submission of the building permit, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - No; Mayor Perlman - Yes. Said motion passed with a 3 to 2 vote, Commissioner Archer and Commission McCarthy dissenting. 9.D. ALTERNATIVE WATER SUPPLY FUNDING AGREEMENT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Consider approval of an Alternative Water Supply Funding Program Agreement in the amount of $150,000.00 with the South Florida Water Management District (SFWMD) establishing the terms of administration of an Alternative Water Supply 50% matching grant for construction costs related to the Phase I Reclaimed Water Transmission System Project. The City Manager stated this is on the regular agenda because the Water Management District requested specific action in the Minutes. Mr. Costin moved to approve the Alternative Water Supply Funding Agreement with South Florida Water Management District (SFWMD) in the amount of $150,000.00, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.E. POLICE AND FIREFIGHTER PENSION PLAN RETIREE SURVEY: Consider the request from DROP participants that they be allowed to purchase the increase from 3% to a 3.5% multiplier for Police and Firefighter Pension Plan retirees, and proceed with requesting an Internal Revenue Service (IRS) letter ruling. - 22- 01/18/05 Staff recommends denial. Joseph Safford, Finance Director, stated on March 11, 2004 the City Commission approved Ordinance No. 18-04 which allowed active employees that participate in the Police and Firefighter Pension Plan to election a 3.5% multiplier for all past and future service. In May, 2004, a letter was received from a DROP Plan participant requesting consideration of DROP Plan retirees receiving this 3.5% enhanced multiplier. They were willing to pay for the full actuarial cost of this benefit. In June 2004, the City Manager requested an actuarial determination as to the cost of all retirees (DROP Plan and regular retirees). The opinions of the City's actuaries and attorneys concluded that, if we can allow a benefit change at all for retirees, only after-tax funds could be used to purchase the benefit enhancement. The attorneys recommended that the City request a private letter ruling from the IRS to determine if a retiree can voluntarily purchase an enhanced benefit after they enter the DROP Plan or after they terminate and retire. A favorable ruling would be needed in order to approve the purchase of the enhanced benefit. In November, 2004 as directed by the City Commission, the City sent out 104 individual survey questionnaires to Police and Firefighter Pension Plan retirees regarding their interest in purchasing (at their cost) a 3.5% multiplier and having this applied to their future pension benefits. There were 44 responses from the relevant survey group of 94 retirees. There was a corresponding response rate of 40. 9% "Yes" and 59.1% "No". Staff recommends denial of implementing a 3.5% multiplier benefit change for the Police and Firefighter Pension Plan retirees and recommends that the City not proceed with an Internal Revenue Service (IRS) letter ruling. Mr. Levinson asked if the survey indicated a range of dollars. Mr. Safford stated the survey did indicate a range of dollars and the retirees were also notified that there is basically a ten year payback of costs which does not include tax consequences so therefore it could be more than ten years. Mrs. Archer moved to approve to proceed with the Internal Revenue Service (IRS) letter ruling, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No. Said motion was DENIED with a 5 to 0 vote. 9.F. AGREEMENT/UNITED STATES TENNIS ASSOCIATION INC.(USTA)! FED CUP TIE: Consider approval of a Host Facility Agreement with the United States Tennis Association, Inc. (UST A) for the Fed Cup Tie to be held at the Tennis Center on April 23-24, 2005. Mayor Perlman stated he and Braham Dubin will be attending the Tourist Development Council (TDC) in a few weeks to obtain a grant from the County to help offset some of the City's costs. He stated this will be a great economic benefit for the City and the County. - 23 - 01/18/05 The City Manager stated the City can also sell sponsorships. Brief discussion between Mr. Dubin and the Commission followed. Mayor Perlman stated there will be a Press Conference on Thursday regarding the Fed Cup. The City Attorney thanked Brian Shutt, Assistant City Attorney for his work with the agreement. Mr. Levinson moved to approve the Host Facility Agreement with the United States Tennis Association, Inc. (USTA) for the Fed Cup to be held at the Delray Beach Tennis Center on April 23-24, 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin- Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) student member to the Education Board for a one (1) year term ending July 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Mr. Costin moved to appoint Adam Sorrin as a student member to the Education Board for a one (1) year term ending July 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2005 for Zone Five. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Mr. Levinson thanked Evelyn Dobson for her service. Mr. Levinson moved to appoint Pamela Williams to the Neighborhood Advisory Council for an unexpired term ending October 31, 2005 for Zone Five, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.1. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he would like to defer his appointment to the February 1, 2005 City Commission meeting because he would like the opportunity to - 24- 01/18/05 interview a couple of candidates he has not been able to meet with. 9.J. PROPERTY ACQUISITION STATUS REPORT: The City Attorney will give a report on the status of efforts to acquire various properties to implement the Parks Bond Issue and to replace our Lake Ida Road storage facilities. The City Attorney gave a brief report on the status of the efforts to acquire various properties to implement the Parks Bond Issue and replace the Lake Ida Road storage facilities. She stated she met with Mr. Bill Plum today and noted that the Commons Property is not interested in selling because they want to develop the property. The Alzheimer's site will be presented to their Board on January 24, 2005. The City Attorney stated the City is in the process of seeking appraisals. Secondly, with regard to the Bexley Park expansion, the City Attorney stated the City has until January 20th to proceed or not proceed with that contract. She stated Mr. Plum has talked to Mr. Malkemes who would be interested in selling the southern 1.3 acres giving the City a right of first refusal on the remaining balance based on the square footage price the City would pay to Mrs. Churchill. The City Attorney asked for direction from the Commission as to whether to proceed or not particularly with Mrs. Churchill. With regard to the storage facilities, the City Attorney stated staff expects the Seaboard Depot to be approximately $1.6 million per Mr. Bill Plum. Staff is also looking at a site and Mr. Plum spoke with the wife of the owner of King Marble. Also, staff looked at the N.W. 18th Street sites and there is some indication that the asking price is $18.00 per square foot. The other option is to expand the current Public Works complex but that would take additional residential properties nearby. Another option would be to keep the City storage where it is currently located at 1700 Lake Ida Road. Brief discussion between the Commissioners followed. Mr. Levinson stated in his opinion the higher priority is to move forward on the Senior Center. The City Manager stated they would like to add some office space and would prefer it in a separate building. He stated there may be a little less land available than what is actually being presented. The Alzheimer's site has an agreement with the County to install a left turn lane in the median of Congress. Mr. Levinson suggested that staff ask Mrs. Churchill for an extension beyond January 20th until the Alzheimer's Board meeting on January 24th. The City Attorney stated if a binding extension would be difficult on the Churchill property. Mayor Perlman stated he would like to see staff move forward with the Churchill and Malkemes property. It was the consensus of the Commission to accept the Churchill and Malkemes offer with regard to the Bexley Park expansion. The City Manager stated with regard to the storage facility he suggested that staff should have more discussion about the appraisal given the prices that are being - 25 - 01/18/05 presented. He stated the City could sell that piece and purchase something else at a less desirable location and have the money left to build the building; however, this is not working out. The City Manager stated the King Marble location may work. The City Manager expressed concern over the Seaboard Depot property because it has some office space on it as well as some storage space. Mr. Levinson inquired about whether staff has looked into Crossroads. Mrs. Archer stated when she thinks about owning a historic facility and perhaps being able to consolidate everything on that one site being sure that the ownership of the property is maintained. Mr. Levinson asked if there is a foreseeable future where the City would need to expand the Water Plant and require them to buy additional land. The City Manager stated this is why the City purchased the lots on the south side which front on ih. He stated this space is still there and staff would not propose to use it. He stated the parking on the site is extremely tight and some expansion of it would be helpful. The City Manager stated staff asked Mr. Plum to look into a few houses that are potentially for sale. After brief discussion, it was the consensus of the Commission to consider exploring the King Marble site for a storage facility and explore expanding the existing site. Mr. Levinson stated he does not see the City purchasing the Seaboard Depot unless there was a very strong use such as Crossroads that would be interested in it. He stated he does feel the City should purchase it just to find someone to lease it to because the City will not get $1.6 million back in a lease rate. After brief discussion, it was the consensus of the Commission to give direction to staff to explore the King Marble site for a storage facility and also explore expanding the existing site. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 77-04: City initiated amendment to Land Development Regulations enacting Article 8.5, "Public Art", to establish a public art program. Ifpassed, a public hearing will be scheduled for February 1, 2005. The caption of Ordinance No. 77-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY - 26- 01/18/05 ENACTING ARTICLE 8.5, "PUBLIC ART", BY ESTABLISHING A PUBLIC ARTS PROGRAM; BY ESTABLISHING A PUBLIC ART ADVISORY BOARD; PROVIDING GENERAL PROVISIONS FOR ITS ORGANIZATION AND OPERATION; BY AMENDING APPENDIX "A", "DEFINITIONS", PROVIDING FOR CERTAIN TERMS REGARDING THIS ORDINANCE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 77-04 is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance and stated clarification has been made to the word "infrastructure". Paul Dorling, Director of Planning and Zoning, stated the proposed amendment requires the City to appropriate 1.5% of the total eligible construction costs to be used for artist design services and for the selection, acquisition and display of artworks, and for the administration of the public arts program. The ordinance would also establish a Public Arts Advisory Board. At its meeting of December 20, 2004, the Planning and Zoning Department considered the request and unanimously recommended approval. At its meeting of December 9, 2004, the Community Redevelopment Agency (CRA) recommended approval and at its meeting of December 13, 2004, the Downtown Development Authority (DDA) reviewed the amendment and recommended approval. Mr. Costin moved to approve Ordinance No. 77-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 4-05: An ordinance amending Chapter 135, "Abatement of Nuisances", Section 135.10, "Definitions", to comply with the updated Florida Statute 893.138. If passed, a public hearing will be scheduled for February 1, 2005. The caption of Ordinance NO.4-OS is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING CHAPTER 135, "ABATEMENT OF NUISANCES", SECTION 135.10, "DEFINITIONS", CLARIFYING CERTAIN DEFINITIONS SO AS TO CONFORM TO F.S. 893.138; AMENDING SECTION 135.40 "CONDUCT OF HEARINGS", CLARIFYING - 27- 01/18/05 HOW HEARINGS ARE CONDUCTED; AMENDING SECTION 135.70 "FINES FOR NONCOMPLIANCE WITH ORDERS", PROVIDING FOR THE TOTAL FINES IMPOSED PURSUANT TO THE AUTHORITY OF THIS ORDINANCE TO BE INCREASED TO $15,000.00 TO COINCIDE WITH F.S. 893.198; TO PROVIDE FOR THE REASONABLE PAYMENT OF ATTORNEY'S FEES TO THE CITY AND ENACTING A SECTION CONCERNING AN ACTION AGAINST A PROPERTY OWNER WITH MULTIPLE TENANTS; PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance NO.4-OS is on file in the City Clerk's office. ) The City Attorney read the caption of the ordinance. Cathy Kozol, Assistant City Attorney/Police Legal Advisor, stated this nuisance abatement ordinance deals with drugs, prostitution and gangs. The Statute has been amended to also include dealing with stolen property and the fines imposed will also be increased from $5,000.00 to $15,000.00 to comply with Florida Statute 893.138. Furthermore, clarification has been made to the definition of a controlled substance and deleting the term operator to avoid confusion and to comply with Florida Statute 893.138. Mrs. Archer moved to approve Ordinance NO.4-OS on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Mana2er The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mrs. Archer Mrs. Archer stated she spoke with the Metropolitan Planning Organization (MPO) Director to follow up to see whether or not the letter had been sent to the Lake Worth Drainage District (LWDD) regarding the easement for bus stops. The Director indicated that he would send a letter within the next ten days and will forward a copy to - 28 - 01/18/05 the City. Mrs. Archer indicated to him that if the City could at least get them to talk to the City about coming to an agreement, perhaps the City could consider the possibility of covering over a portion of the canal in order to get a central bus stop. Secondly, Mrs. Archer commented about the outdoor dining in the downtown area and stated many of the tables are almost out along the parking side next to the curb. She stated the sidewalks are narrowed considerably because people who are dining back up their chairs and narrows the ability for pedestrians to walk through. She stated this is causing a lot of congestion in this area and suggested that something be done to create more walking space. The City Manager stated staff is working on a revised ordinance and feels it will help take care of this problem. Mrs. Archer commented about the openings and ground breakings going on this week and stated the Martin Luther King Day Parade was very well done. She stated it was nice to see many positive things and it makes her happy to be a part of Delray. She stated she had conversations with some homeowners recently regarding in the event of a hurricane if someone does not properly prune their trees is there anything that can be done. 13.C.2. Mr. Costin Mr. Costin concurred with comments expressed by Mrs. Archer. 13.C.3. Ms. McCarthy Ms. McCarthy concurred with comments expressed by Mrs. Archer. 13.CA. Mr. Levinson He commented about an article in the Sun-Sentinel News about the "Code Red System". He stated he is thrilled that Delray Beach will be hosting the FED Cup. Mr. Levinson commented about a Directory of Community Organizations Listing in the Sun-Sentinel News and stated this is being placed on the Sun-Sentinel's web site. He suggested that the City of Delray Beach link its list of social/cultural services to the Sun-Sentinel website. He congratulated the Homeland Security for appearing on CNN. He suggested that Skip Brown and the Police Chief be commended for this idea. - 29- 01/18/05 13.C.5. Mavor Perlman Mayor Perlman stated he received a telephone call from the Lake Ida neighborhood in regards to the status of a tree trimming ordinance. The City Attorney stated she met with Nancy Davila, City Horticulturist, to discuss this matter. He inquired if staff has found out anything through Joe Sanchez regarding the site plan for the old Atlantic High School site. Mayor Perlman stated the Carver Square protest was very puzzling and commented that there appears to be a lot of mis-infonnation. He stated the City has met with the Department of Environmental Protection Agency (EPA) and they spent the week meeting with each resident infonning them what is going on. He stated the Community Redevelopment Agency (CRA) has ordered appraisals and this will be placed on an Agenda in February. Mayor Perlman stated he has assured them that things are moving along and commented the City is moving along as quickly as they can to help find some relief. The City Manager stated the City is waiting for assurances from DEP that they will not hold the CRA financially responsible for any pollution there is. Mayor Perlman stated he spoke to a realtor today who indicated that there continues to be listings in the MLS for properties to be sold in this particular neighborhood. He stated now that the City is moving forward we will have to be careful that there will not be speculators coming in scarfing up property thinking that they are going to hold the CRA and the City hostage. Mr. Levinson stated if these particular outside influences continue to do this the City should expose them for utilizing these people for whatever reason they are doing it. He stated this is very distressing to him. There being no further business, Mayor Perlman declared the meeting adjourned at 9:40 p.m. ~.~.~~:'J City Clerk ATTEST: ~ltA OR "- - 30- 01/18/05 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the infonnation provided herein is the Minutes of the Regular City Commission Meeting held on January 18, 2005, which Minutes were fonnally approved and adopted by the City Commission on February 1, 2005 ~~".~~.\J. ~~N City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. r t I . - 31 - 01/18/05