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10-01-02OCTOBER 1~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 1, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer (arrived at 7:15 p.m.) Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - David T. Harden, City Manager Also present were - Robert A. Barcinski, Acting City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk Loretta McGhee, Deputy City Clerk The opening prayer was delivered by Nancy Norman with Unity of Delray Beach. The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt noted that the applicants submitted a request for a continuance of Item 9.B., Appeal of Historic Preservation Board Decision, to the Regular City Commission Meeting of November 5, 2002. Mayor Schmidt noted the addition of Item 7.D., Presentation by Chuck Elderd of the Palm Beach County Film Commission and Item 7.E., Planning and Zoning Department Award by addendum. Also, Mayor Schmidt stated there is a correction to Item 8.Q.2., Award of Bids and Contracts and a revised Ordinance #52-02 for Item 12.C. Mr. Levinson moved to approve the Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of September 17, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6oAo Recognizing and Commending Matthew Boyar - Ocean Rescue Division Mayor Schmidt read and presented a proclamation hereby recognizing and commending Ocean Rescue Officer Matthew Boyar, EMT. Matthew Boyar came forward to accept the proclamation. Bob Taylor, Ocean Rescue Supervisor/Parks and Recreation, thanked Ocean Rescue Officer Matthew Boyar for his immediate and appropriate action in an emergency and for also saving two lives. 6°8° Recognizing and Commending Mark Henkle - Ocean Rescue Division Mayor Schmidt read and presented a proclamation hereby recognizing and commending Ocean Rescue Officer Mark Henkle, Paramedic-EMT. Mark Henkle came forward to accept the proclamation. Bob Taylor, Ocean Rescue Supervisor/Parks and Recreation, thanked Ocean Rescue Officer Mark Henkle for his immediate and appropriate action in an emergency and for saving a life. At this point, the time being 6:30 p.m. the Commission moved to Item 6.D. 6oDo Florida City Government Week- October 20~ 2002 - October 26~ 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming October 20, 2002 through October 26, 2002 as Florida City Government Week. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. 6oEo Make a Difference Day - October 26~ 2002 Mayor Schmidt acknowledged a proclamation hereby proclaiming October 26, 2002 as Make a Difference Day. ° PRESENTATIONS: 7.A. RESOLUTION NO. 78-02: Recognizing and Commending William Dennis Murray for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 78-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING WILLIAM DENNIS MURRAY FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. -2- 10/01/02 (The official copy of Resolution No. 78-02 is on file in the City Clerk's office.) Mayor Schmidt read and presented Resolution No. 78-02 to William Dennis Murray for 30 years of dedicated service to the City of Delray Beach. Joe Weldon, Director of Parks and Recreation, presented Mr. Murray with a plaque and congratulated him for a job well done. Ms. McCarthy moved to approve Resolution No. 78-02, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 7.B. RESOLUTION NO. 79-02: Recognizing and Commending Bill Rego for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 79-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING BILL REGO FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 79-02 is on file in the City Clerk's office.) Mayor Schmidt presented Resolution No. 79-02 to Bill Rego for 30 years of dedicated service to the City of Delray Beach. Kerry Koen, Fire Chief, presented Mr. Rego with a plaque and congratulated him for a job well done. Mr. Levinson moved to approve Resolution No. 79-02, seconded Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 7oCo Delra¥ Beach Cultural Loop - Glen Weiss Glen Weiss, Director of Pineapple Grove Art Walk, briefly explained the Delray Beach Cultural Loop and stated artist Rick Lowe from Houston, Texas will lead the development of the Cultural Loop. Mr. Weiss stated he and Mr. Lowe applied for a grant from the Palm Beach Cultural Council and the grant was awarded last week. Mr. Weiss explained in this particular project a vision of the loop will be established (i.e. what is the loop, the history, the art, the culture, the tourism, and what the methodology is for empowerment of people who live within that loop to express their culture). Second, Mr. Weiss stated eight local artists and eight local institutions will join together in an effort to create a new work of art which will be on the -3- 10/01/02 street and will be the opening event of the loop. Mr. Weiss stated the third and final attribute will be suggestions for infrastructure changes which will enhance the possibility of people traveling the loop. Mr. Perlman congratulated Mr. Weiss on the grant and stated this is a great project. Mr. Weiss stated the website is now live and noted that he raised $15,000 and now needs additional $45,000 for a total of $60,000. Mr. Levinson thanked Mr. Weiss for being a great asset to the community and the Pineapple Grove area. Mr. Weiss stated his website is www.delrayconnect.com. At this point, the time being 6:30 p.m. the Commission moved to Item 6.C. 6oCo Wally "Famous" Amos Day - October 1, 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming October 1, 2002 as Wally "Famous" Amos Day. Mr. Amos came forward to accept the proclamation and thanked the Commission for allowing him to come to Delray. Mr. Amos stated he will be back to visit Delray Beach in February to introduce and promote a new cookie named after his aunt which will be available in all Wal-mart stores. 7.D. News Channel 5 Video (Bad Boys II) - Chuck Elderd, Palm Beach County Film Commission Chuck Elderd, Film Director of the Palm Beach County Film Commission, stated the production went very well. Mr. Elderd thanked all City staff and extended a special thanks to Robert Barcinski, Chief Koen, Captain Licata, and Nancy King for helping to make the production a success. Mr. Elderd presented the Commission with a News Channel 5 video regarding the economic impact the Bad Boys I! filming had on restaurants and businesses in the community. Mr. Elderd stated the economic impact is being worked on by the production company and he will personally deliver it to the Commission. 7oEo Planning and Zoning Department Award Paul Dorling, Director of Planning and Zoning, stated the City of Delray Beach Planning Department, the Delray Beach Community Redevelopment Agency and the Village Foundation jointly received a State award from the American Planning Association for Excellence in Planning. o CONSENT AGENDA: City Manager Recommends Approval. 8oAo FINAL SUBDIVISION PLAT APPROVAL/SAN SEBASTIAN: Approve the -4- 10/01/02 subdivision plat for San Sebastian located at the southeast and southwest corners of N.E. 5th Avenue (southbound Federal Highway) and N.E. 3rd Street. 8.B ACCEPTANCE OF A RIGHT-OF-WAY DEED/MANAGEMENT SYSTEMS: Approve and accept a right-of-way deed with Management Systems Development located at the southwest corner of N.E. 1st Avenue and N.E. 2nd Street, within the Old School Square Historic Arts District (OSSHAD). 8oCo SERVICE AUTHORIZATION NO. 3/ECKLER ENGINEERING, INC.: Approve Service Authorization No. 3 to Eckler Engineering, Inc. for design of the Lift Station Six (6) Force Main relocation in the amount of $46,000.00. Funding is available from 442-5178- 536-65.75 (Lift Station 6, Force Main Improvement Project). 8.D. CHANGE ORDER NO. 2/FINAL PAYMENT/CHAZ EQUIPMENT, INC.: Approve Change Order No. 2 in the amount of a $12,414.00 decrease, and final payment in the amount of $9,043.00 to Chaz Equipment, Inc. for N.E. 4th Street Widening Project. Funding is available from 334-3162-541-65.19 (General Construction Fund/NE 4th Street) and 442-5178- 536-65.02 (Water/Sewer/NE 4th Street). 8oto CHANGE ORDER NO. 3/FINAL PAYMENT/COLONNA CONSTRUCTION CO., INC.: Approve Change Order No. 3 in the amount of a $30,708.45 decrease, and final payment in the amount of $97,170.00 to Colonna Construction Co., Inc. for Community Improvement Sidewalks Project. Funding is available from 334-3162-541-63.11 (General Construction/Bikepaths/Sidewalks), 334-6111-519-63.89 (Neighborhood Enhancements), and 118-1965-554-63.11 (Community Development Fund/Bikepaths). 8.F. CONTRACT ADDITION/RPM GENERAL CONTRACTORS, INC.: Approve a Contract Addition (C.O. #2) to the ESD/Police Department Interior Modifications Project in the amount of $36,828.99 to RPM General Contractors, Inc. for the rebuilding of the cupolas at Fire Headquarters to repair termite and water damage. Funding is available from 334- 6112-519-46.10 (Building Maintenance) and 441-5123-536-34.90 (Other Contractual Services). 8.G. RESOLUTION NO. 80-02: Approve Resolution No. 80-02 assessing costs for action necessary to abate nuisances on fourteen (14) properties throughout the City. The caption of Resolution No. 80-02 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) LOCATED WITHIN THE CITY OF DELRAY 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 -5- 10/01/02 LEVYING THE COST OF SUCH ABATEMENT 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. (The official copy of Resolution No. 80-02 is on file in the City Clerk's office.) 8.H. WATER SERVICE AGREEMENT/DEVCO PLAZA: Approve the water service agreement for an unincorporated County parcel, Devco Plaza, a proposed 14,510 square feet office building, located at the southwest corner of West Atlantic Avenue and Markland Lane. g.I. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00. 8.J. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for funding staff support for the West Atlantic Redevelopment Coalition (WARC) in the amount of $33,350.00. 8.K. CONTRACT EXTENSION/PUBLIC FINANCIAL MANAGEMENT, INC.: Approve a contract extension between the City of Delray Beach and Public Financial Management, Inc. as the City's Financial Advisor for a two (2) year term including termination with or without cause by either party upon thirty (30) days notice of termination. 8.L. CONTRACT/BEAR STERNS: Approve a contract between the City of Delray Beach and Bear Sterns as the City's underwriter for a term through the closing date of two (2) proposed refunding issues with payment of service to be negotiated and made at closing. 8.M. EXTENSION OF CONTRACT/BANK OF AMERICA: Approve an extension of the contract between the City of Delray Beach and Bank of America for banking services at current pricing through September 30, 2004. 8.N. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a funding agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $130,328.00 for the City's out of school program, day camps, and summer camp programs. 8.0. HABITAT FOR HUMANITY AGREEMENT: Approve an agreement between the City of Delray Beach and Habitat for Humanity for acquisition of three available lots for homeownership opportunities for low-income residents in a total amount not to exceed $31,500.00. Funding is available from 118-1924-554-61.10 (Ship Land Acquisition). -6- 10/01/02 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 16, 2002 through September 27, 2002. 8.Q. AWARD OF BIDS AND CONTRACTS: o Bid award to Reed Landscaping, Inc. for Lake Ida Road irrigation and landscaping in the amount of $382,845.88. Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/Landscaping). Bid award to various vendors for pipe fillings at an annual cost of $166,184.58. Funding is available from various departmental operating budgets. Emergency Bid Award to Florida Detroit Diesel Allison for the rebuilding of a fire truck engine (vehicle #8834) in the amount of $15,666.27. Funding is available from 501-3311-591-52.52 (Central Garage Fund). Mr. Levinson moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. o REGULAR AGENDA: 9.B. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of a decision of the Historic Preservation Board's action regarding the existing accessory structure located at 610 North Ocean Boulevard (Fontaine Fox House). (Quasi- Judicial Hearing) The applicant has requested that there be a continuance of this item to the Regular City Commission Meeting of November 5, 2002. Mr. Levinson moved to approve the continuance of this item to the Regular City Commission Meeting of November 5, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/DUVALL PLACE: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding approval of a waiver of the sight visibility triangle at the intersection of the driveway and the north/south alley for Duvall Place, located on the west side of S.E. 6th Avenue (northbound Federal Highway), approximately 147 feet south of S.E. 1st Street. (Quasi-Judicial Hearing) Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is -7- 10/01/02 conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-308 into the record. The subject property is located on the west side of S.E. 6th Avenue (Northbound Federal Highway) approximately 147' south of S.E. 1st Street (122 S.E. 6th Avenue). Mr. Dorling stated at its meeting of September 11, 2002, SPRAB approved the Class V site plan, landscape plan, elevations for a proposed eight (8) unit four (4) story townhouse/condominium structure. The proposal included three waivers which included a reduction to the sight visibility requirement, perimeter landscape requirement and open space requirement. On September 17, 2002, the City Commission approved a waiver to reduce the required 10% open space requirement to 8.1%. However, at the same meeting the Commission appealed the action by SPRAB approving a reduction in the site visibility triangle. The basis of the appeal related to concerns that the reduction from the required 20' to 3' adjacent to the alley would create a hazardous situation. Jess Sowards~ Architect with Robert G. Currie Partnership~ Inc. 134 N.E. 1st Avenue~ Delra¥ Beach~ presented the Commission with alternatives regarding the reduction to the site visibility requirement. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Dorling suggested that the best alternative would be to eliminate the alleyway connection (Option B). Mr. Levinson asked if the applicant has a preference. In response, Mr. Sowards recommend closing off the connection to the alleyway and explained that the other benefit would be additional landscaping and a much larger loading for trucks (i.e. Federal Express). Mr. Perlman asked if the Fire Department reviewed this and whether or not they are okay with one exit and one entrance width. In response, Mr. Barcinski stated there was no objection expressed at the DSMG Meeting. -8- 10/01/02 Ms. McCarthy moved to approve to deny the site visibility waiver and approve the developer's alternative eliminating the exit into the alley (Option B), seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.Co RECOMMENDATION OF SITE PLAN REVIEW AND APPEARANCE BOARD/PANERA BREAD CAFI~: Consideration of an architectural elevation modification pursuant to Section 4.6.18(B)(13) Land Development Regulations, for the proposed Panera Bread Caf~ (formerly Red, Hot, and Blue Restaurant) located within Old Harbor Plaza at the northeast corner of Linton Boulevard and South Federal Highway. (Quasi-Judicial Hearing) At this point, the time being 6:55 p.m. Mr. Levinsan left the meeting. Mayor Schmidt read into the record a summary of how a quasi-judicial hearing is conducted by the City of Delray Beach. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Darling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-341 into the record. Mr. Darling stated the subject development proposal involves a modification to the architectural elevations of the existing 4,186 square foot restaurant located on an out parcel within the Old Harbor Plaza shopping center. The out parcel is located at the southeast corner of South Federal Highway and Banyan Tree Lane (1701 South Federal Highway), which is zoned Planned Commercial (PC). The improvements were installed and the building occupied by Red, Hot, and Blue restaurant until the business vacated the building in early 2002. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) voted 6-0 (Eliopoulos absent) to recommend to the City Commission approval of architectural elevations, based upon positive findings with respect to LDR Section 4.6.18(B)(13), that although the architectural style and color differs from that of the shopping center, the building will be complimentary to the overall shopping center and the surrounding area, subject to the following conditions: That the canopies along the east elevation are replaced with new canopies consistent with those proposed along the balance of the building; and, -9- 10/01/02 That the concrete tile roof is pressure washed in order to restore the roof to its original appearance. Morgan Russell, owner of the property, stated he feels this adds a whole new look to the property and is hopeful it will be a keystone that will allow him to bring the balance of the 45,000 square feet in compliance with this type of design. Chuck R. Longdol, representing Panera Bread Caf6, briefly explained the architectural elevations. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve the recommendation of the Site Plan Review and Appearance Board for the proposed Panera Bread Caf6 (formerly Red, Hot, and Blue Restaurant), subject to the two conditions as set forth on page three in the Planning and Zoning Staff Report, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 44-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.21(H) and Section 4.3.4(K) "Development Matrix" relating to the open space requirements for properties zoned CF (Community Facilities) located within the West Atlantic Avenue Redevelopment Area. 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. 44-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION (H), "SPECIAL REGULATIONS", BY ADDING A NEW PARAGRAPH (3) TO PROVIDE FOR A MINIMUM OF 10% NON-VEHICULAR OPEN SPACE FOR CF ZONED PROPERTIES IN THE WEST ATLANTIC AVENUE REDEVELOPMENT AREA; AND BY AMENDING SECTION 4.3.4(K), "DEVELOPMENT MATRIX", TO ADD SETBACK AND OPEN SPACE REQUIREMENTS; PROVIDING A SAVING CLAUSE, A -10- 10/01/02 GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-02 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 Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 44-02, the public hearing was closed. Prior to the vote, Mr. Perlman stated the CRA Board passed this with the condition that SPRAB retain the ability to require additional landscaping when necessary. Mr. Dorling stated this has been added as part of the amendment and does exist with this. Mr. Perlman moved to adopt Ordinance No. 44-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 47-02 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2002-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2002-02 and associated Future Land Use Map (FLUM) amendment, and authorize transmittal to the State Department of Community Affairs. Prior to consideration of passage of this ordinance First Reading/Transmittal Hearing, a public hearing has been scheduled to be held at this time. Amendment 2002-02 includes: The caption of Ordinance No. 47-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2002-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2002-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-02 is on file in the City Clerk's office.) -11- 10/01/02 · Modification of the definitions' section of the Public Schools Facilities Element, by adding numerous new definitions. · Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. · Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of the automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). · Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the Beach Renourishment Project. · Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use Element, regarding the provision of services to land within the planning area. Privately initiated Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CC (Commercial Core) and rezoning from R-i-AA (Single Family Residential) to CBD (Commercial Business District) for a parcel of land located on the north side of $.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. At this point, the time being 7:15 p.m., Mrs. Archer arrived to the meeting and Mr. Levinson returned. Dan Marfino, Principal Planner, stated the City Commission initiated Comprehensive Plan Amendment 2002-02. One privately initiated Future Land Use Map Amendment, the Meridian Parcel, has been added to this amendment. In addition, a City initiated text amendment regarding the disposition of services provided to the Planning Area has also been included. Mr. Marfino stated in total the amendment now consists of six items; five city initiated text amendments and one privately initiated map change. At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing regarding the amendment. After discussion, the Board unanimously (5-0, Krall and Pike absent) to recommend the City Commission approve the amendment on first reading and transmit Comprehensive Plan Amendment 2002-02 to the Florida Department of Community Affairs (DCA). Mr. Marfino stated if the amendment is approved it will be sent to DCA. Upon review and return of comments from the State, an adoption hearing is scheduled for the November Planning and Zoning Board Meeting with final adoption at the City Commission Meeting of December 3, 2002. Mr. Marino stated staff recommends transmittal of all listed items. -12- 10/01/02 Ms. McCarthy moved to approve Ordinance No. 47-02 for First Reading/Transmittal Hearing for Comprehensive Plan Amendment 2002-02, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 45-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.3.2 "Prohibited Uses" and Section 4.3.3(DD) to provide for the prohibition of the sale of drug paraphernalia and the operation of drug paraphernalia businesses. 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. 45-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER FOUR, "ZONING REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.2, "DETERMINING USE," SUBSECTION 4.3.2 (C)(3), "PROHIBITED USES," BY PROHIBITING USES NOT ALLOWED PURSUANT TO FLORIDA STATE STATUTES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING SUB SECTION 4.3.3 (DD), "DRUG PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION OF THE SALE OF DRUG PARAPHERNALIA AND THE OPERATION OF DRUG PARAPHERNALIA BUSINESSES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-02 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 Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 45-02, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 45-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. -13- 10/01/02 10.D. ORDINANCE NO. 46-02: An ordinance amending Chapter 33, "Police and Fire Departments" Sections 33.20 - 33.67, of the City Code of Ordinances to change the term "Fire Department" to "Fire-Rescue" Department to accurately reflect work performed. 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. 46-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", BY AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS," SECTIONS 33.20- 33.67 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE-RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING TITLE IX, "GENERAL REGULATIONS", BY AMENDING CHAPTER 96, "GENERAL PROVISIONS", SECTIONS 96.01-96.98 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT" IN ORDER TO REFLECT THE WORK PERFORMED; AMENDING CHAPTER 7, "BUILDING REGULATIONS", ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUCTURES", SECTIONS 7.8.6-7.8.8 TO CHANGE THE TERM "FIRE DEPARTMENT" TO "FIRE- RESCUE DEPARTMENT"; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-02 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 Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 46-02, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 46-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - 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. -14- 10/01/02 ll.A. City Manager's response to prior public comments and inquiries. Robert A. Barcinski, Acting City Manager, had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Jim Smith, 1225 South Ocean Boulevard, Delray Beach, stated he and Jane King are present this evening to give the Commission their official "Walk A Child to School Day" T-shirt for Banyan Creek Elementary School. Included in the package is a school assignment for each Commissioner and a copy of the breakfast program which will begin at 8:00 a.m. immediately following the walk. Mr. Smith stated the walk will begin at 6:45 a.m. Mr. Smith stated the Police Department is well represented and thanked Officer Jeff Messer and Officer Jim Finley for their help. ll.B.2. Deborah Bennett, 137 Seabreeze Avenue, Delray Beach, asked for the Commission to support her proposal for an intermediate charter school in Delray. Mrs. Bennett stated this would be a military type of school for discipline with hands on learning. Mrs. Bennett stated the proposed name for the charter school will be Military Academy for Excellence. ll.B.3. Robert Finkel, 317 Coral Trace Court, Delray Beach, asked the Commission if they support the safety of children and commented that he does not understand why the new high school is being placed at the most dangerous intersection. Mr. Finkel commented about an accident that occurred approximately two days ago two blocks west of Congress Avenue on Atlantic Avenue and it took his wife 57 minutes to cross Congress Avenue. Mr. Finkel stated he feels this is not only endangering the children but is also endangering the senior citizens in the area. As a result of the proposed move, Mr. Finkel asked what effect this will have on taxes and commented that there has to be a reason why the taxes are so high. Mr. Finkel stated he feels it is a conflict of interest to have the same law firm that the School Board has and would like an outside organization to check on it. ll.B.4. Alice Finst, 707 Place Tavant, Delray Beach, and representing the Board of Directors of the Homeowners' League of Chatelaine, expressed concern over the school buses that are cutting through their neighborhood to avoid the construction on Lake Ida Road. Speaking as a private citizen, Mrs. Finst stated she has been attending the Barwick RFP meetings and expressed a few concerns over the RFP. Mrs. Finst stated one concern is the fact that these properties have one car garages and she feels this is inappropriate for this property. Mrs. Finst continued to state she has also been attending the Parks and Infill Housing Meetings where they are trying to locate land North and South of Atlantic Avenue for parks and infill housing. Mrs. Finst commented that the infill housing lots that have been rejected are 40, 45, and 50 foot frontage and yet in the Barwick RFP there are 40, 45, and 50 foot frontages. Mrs. Finst asked if this is not allowed in the downtown area, why this is being considered west of town. -15- 10/01/02 Mrs. Finst expressed concern over the pruning of some trees in the 500 block of North Swinton Avenue. Mrs. Finst stated that someone pruned vertically up through the center of the trees so that there are now half trees. She feels this is not appropriate pruning and urged staff to look into this. Lastly, Mrs. Finst commented about the Portable on Demand Storage (PODS) containers and stated these are being used for big storage areas and are being placed in the front yards of many residential properties around town. Mrs. Finst stated these PODS look like something one would see in a commercial area and urged staff to look into this. ll.B.5. Mary Lou Ciambriello, 721 Lindell Boulevard, Delray Beach, thanked Commissioner Levinson for being so helpful with the situation on Lindell Boulevard. Mrs. Ciambriello stated she obtained 36 more signatures on the ongoing petition for the Commission to do something regarding the speeding on Lindell Boulevard. In addition, Mrs. Ciambriello stated she has a letter from the Police Department recommending that there be traffic calming on Lindell Boulevard. Secondly, Mrs. Ciambriello stated in the front of Lindell coming from Dixie Highway, there is a sign that limits the traveling to three tons per truck. Mrs. Ciambriello stated the City of Boca Raton has been using Lindell Boulevard as a shortcut and commented that the trucks weigh nearly 30,000 lbs. Mrs. Ciambriello urged the Commission to write a letter to the City of Boca Raton and contact the Palm Beach County School Board regarding the school buses from Boca Raton Academy School that are traveling via Lindell Boulevard in excess of the speed limit. ll.B.6. James Scott McOwem 302 N.W. 18th Street, Delray Beach, addressed the issue of school community relations, rewards and punishment. ll.B.7. Candy Killiam 642 Riviera Drive, Boynton Beach, read into the record two paragraphs of a letter written by a City staff member to a private citizen. With regard to these two paragraphs, Mrs. Killian questioned the statement "moving the school to the Tate site will create the opportunity for the high school students to come home". Ms. Killian stated she feels the issue of bringing the Delray Beach students home is a matter of changing the boundaries not changing the location of the school. At this point, the time being 7:45 p.m., the Commission moved to Item 9.D. 9.D. REQUEST FOR IN-LIEU PARKING SPACES/VILLAGE WALK: Consider a request by Village Walk for the purchase of three (3) in-lieu parking spaces in the amount of $36,000.00. Village Walk, a proposed ten (10) unit townhome development, is located on the east side ofN.E. 4th Avenue, 153 feet south ofN.E. 1st Street (65 N.E. 4th Avenue). Paul Dorling, Director of Planning and Zoning, stated Village Walk is a proposed ten (10) unit town home development to be located on the east side ofN.E. 4th Avenue, 153' south ofN.E. 1st Street (65 N.E. 4th Avenue). Mr. Dorling stated pursuant to LDR Section 4.4.13(G)(1)(e) the development -16- 10/01/02 requires the provision of twenty-three (23) on site parking spaces. The proposed site plan provides twenty (20) on site parking spaces. The applicant is requesting the purchase of three (3) in-lieu parking spaces at a cost of $12,000 each, totaling $36,000. The development provides all parking within two-car garages for each unit. The shortage will be for the associated guest spaces. The proposed site is across the street from the Railroad Lot. Since the lot has a capacity of 177 parking spaces with both 2 and 8 hour parking zones, it can accommodate the parking needs of guests to the development. At its meeting of September 24, 2002, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Mr. Levinson moved to approve the request for Village Walk for the purchase of three (3) in-lieu parking spaces in the amount of $36,000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.E. NEW ATLANTIC HIGH SCHOOL/STUDENT CAPACITY: Consider approval of 2,500 student stations for Atlantic High School allowing the establishment of new career academics and additional capacity for Delay Beach students. Lula Butler, Director of Community Improvement, stated at a recent Palm Beach County School Board Meeting, there was a discussion regarding the capacity for the new Atlantic High School and the appropriateness of a 2,000 student station school versus 2,500. The Palm Beach County School Board staff has indicated its support of the 2,500 seat capacity based on projected demographics for the school. The additional capacity would also allow the establishment of three new career academies. At its meeting of September 23, 2002, the Education Board discussed the issue regarding capacity at the new high school and unanimously recommends that the City Commission support the school with 2,500 student stations. In addition, the Education Board embraced the "school within a school" concept. Ms. Butler stated staff requests the Commission to forward a statement to the Palm Beach County School Board that the City of Delray Beach supports the 2,500 student stations for Atlantic High School which will in turn allow the career academies to provide extra capacity for Delray Beach students and a statement supporting the "school within a school" concept. Brief discussion by the Commission followed. Mr. Levinson stated he is appalled over a comment expressed by someone that the City should not approve and not encourage the career academies because it will bring down the FCAT scores. Mr. Levinson stated the purpose of the career academies is to provide educational opportunities to those kids who in many cases do not continue on with a college education. The education these students receive from the career academies makes them marketable to work in -17- 10/01/02 the community. Mr. Levinson supports the 2,500 student stations and the inclusion of the three career academies which provide terrific opportunities in education for students who choose not to go on to college. Mr. Levinson urged the Commission to support this and lobby with the School Board. Furthermore, Mr. Levinson stated one of the reasons the career academies are so important is because South Tech is being acquired and its programs are going to be split into two; one, it will go to the community college for certain pieces and two, career academies are being created to take the other piece which will be spread over four high schools. Mr. Perlman expressed opposition to a letter written by Representative Andrews referencing that "the Florida Legislature was so concerned about the safety of students after the Columbine shootings, that they mandated that all high schools being designed after July 1, 2003 must have a total population of no more than 900 students." Mr. Perlman stated the Florida Legislature never funded it and commented that Mr. Andrews also stated "that the International Baccalaureate Program will be moved." Mr. Perlman concurs with comments expressed by Commissioner Levinson and stated he supports the request. Mrs. Archer inquired about the "school within a school" concept and asked if this means there will be a second school or extra building. In response, Ms. Butler stated this would enable them to increase the capacity and build the academic buildings. Therefore, Ms. Butler stated one building would be used and the career academy would operate out of one building as opposed to students having to change classes. Ms. McCarthy moved to approve to forward a statement to the Palm Beach County School Board that the City supports the 2,500 student stations and the establishment of a career academy, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.F. CONTRACT AWARD TO CHAZ EQUIPMENT~ INC.: Consider approval of a contract award to Chaz Equipment, Inc. for Sanitary Sewer Manhole Interior Rehabilitation at an estimated annual cost of $50,000.00. Funding is available from 442-5178-536-61.84 (Manhole Rehabilitation). At this point, Mr. Levinson left the dais. Dick Hasko, Director of Environmental Services, stated there were seven respondents; three of the respondents did not meet the minimum qualifications for experience with the specified product and two of the respondents proposed an alternative method of rehab. Therefore, Mr. Hasko stated this left two qualified contractors for the bid award and staff recommends Chaz Equipment as the low bidder. Mr. Perlman moved to approve the contract award to Chaz Equipment, Inc., for sanitary sewer manhole interior rehabilitation, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. -18- 10/01/02 9.G. BID AWARD/VARIOUS VENDORS: Consider approval of Bid #2002-29 to various vendors for the purchase of automotive parts at an annual cost of $60,000.00. Funding is available from various departmental operating budgets. Robert A. Barcinski, Acting City Manager, stated this is a bid award that is done approximately every three years for automotive parts with funding coming from various departmental operating budgets. Mr. Barcinski stated staff recommends ten vendors based primarily on low bid. Ms. McCarthy asked if there was some confusion from NAPA and commented that it seems unusual that they would have offered product prices for things that were not of equal part so often. Mr. Barcinski stated that NAPA was not offering parts at equal quality or did not meet the factory specifications on Police vehicles. Mr. Perlman moved to approve the bid award for automotive parts to various vendors, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.H. GRANT REQUEST/ATLANTIC GROVE REDEVELOPMENT PROJECT: Consider a request for waiver of building permit fees in the amount of $150,000.00 from the Delray Community Development Corporation (CDC) and the Center for Technology, Enterprise and Development, Inc. (TED Center) regarding the Atlantic Grove Redevelopment Project. Lula Butler, Director of Community Improvement, stated this item is a request from non-profit partners associated with the Atlantic Grove Partnership for a $150,000.00 contribution to assist them in meeting their 50% equity investment as part of the part of their investment in the project. Ms. Butler stated she received a telephone call today from the County staff and noted that the County Commission did approve their $600,000 grant and states that the City is going to be a participating as part of this equity investment and does not tie the City to a grant dollar amount. Ms. Butler stated because this is associated with non-profit organizations, an agreement needs to be negotiated and that it be satisfactory to both the City Attorney and the Commission. In addition, Ms. Butler stated she needs more time to consult further with the County and work on the agreement. Ms. Butler asked the Commission to consider allowing staff to bring this item back next week as a special agenda item. Mayor Schmidt stated his understanding is that there has been no dollar amount set on the City's participation and does not necessary have to be cash but can be in-kind as well as the waiver of building permit fees. Mayor Schmidt stated he concurs with Ms. Butler's recommendation to postpone consideration of this until next week so that she has an opportunity to get with the County, the City Attorney, and the non-profit organizations. Mr. Perlman asked if this will impact the closing. In response, Ms. Butler stated it is her understanding is that the City would not be coming up with cash dollars this evening. Ms. Butler continued to state Ms. Jenkins has found a way to do a bridge loan to the non-profits -19- 10/01/02 that would allow them to do their closing. Anita Jenkins, Director of the Local Initiatives Support Corporation (LISC) stated they are prepared to make some adjustments if necessary. Ms. Jenkins stated they have to close on Tuesday and the loan is being made with the understanding that there will be other funds at some point to pay them back. Ms. Jenkins stated she understands the concerns the Commission has about the request. Ms. Jenkins stated the form that the Community Improvement staff is recommending is the waiver of building permit fees. Ms. Jenkins stated if building permits are paid would there be a reimbursement to the construction fund. Ms. Butler stated they have not paid any building permit fees at this time. Ms. Butler explained that building permit fees are due at the time that the permit application is picked up. Ms. Jenkins stated they are trying to redo loan documents and stated they have contract with the CRA. Ms. Jenkins stated the contract and the letter of credit will expire, etc. therefore they will work with staff to get a contract in place in an effort to move things along as quickly as possible. Mayor Schmidt stated he supports staff's recommendation and in discussing this with staff over the past couple of days, he has more questions. For example, depending on what the Commission will do, it is not only going to benefit the non-profit but will also benefit the for- profit partner. Ms. Jenkins stated because of the way the equity investment in the project has been allocated, and the way the responsibility has been allocated the responsibility for the loans etc., as well as a commitment from Commissioner Greene for gas tax money up to a certain amount to cover certain items, they are able to accurately identity the contribution of for-profits as well as the non-profits. With regard to the concern that the not for-profits were not bringing an equal amount of money or being responsible for debt, Ms. Jenkins stated that this is a 50/50 partnership. Ms. Jenkins stated she can reassure the Commission that if a fee waiver is granted it would be credited and allocated to the benefit of the non-profits. Mr. Perlman asked if the Commission does grant the waiver of building permit fees, what is the legality for giving this kind of concession when it was not part of the original mix on the RFP. The City Attorney stated this was a CRA RFP and there can be some difference in loan terms. However, the City Attorney stated she would be more concerned with the request asking to waiver building permit fees and supports the City Manager's recommendation. Mr. Perlman asked how did this get to where it is now at such a late time with closing a week away. In response, Ms. Butler stated part of the reason is because they made a business decision to proceed with the closing on the land acquisition without the Section 108 Loan. Ms. Butler stated this has been an extensive review process and ultimately HUD has indicated that the project does not meet the low to moderate income level benefit because the City does not have 51% of the residential units meeting to low to moderate benefit. Furthermore, Ms. Butler stated the Section 108 dollars were being used to acquire the entire parcel which created a conflict and the partnership was faced with deadlines under their contract with the -20- 10/01/02 CRA. At this point, Mr. Levinson returned to the dais. Further discussion continued between the Commission, staff and Ms. Jenkins. Mayor Schmidt expressed concern over the $150,000 cash shortage. Mayor Schmidt stated it is his understanding that Ms. Jenkins is prepared to make the loan if the Commission forgives $150,000 worth of fees. Mayor Schmidt continued to state that this would be $150,000 cash that they do not have to put into the project and would repay the loan. Mayor Schmidt stated his other concern is a contradiction of what staff represented to the Commission from the for-profit partner versus Ms. Jenkins interpretation of the agreement about who gets credit if the Commission were to forgive fees or choose to do something else. After lengthy discussion, it was the consensus of the Commission to hold a Special Meeting on Monday, October 7, 2002, at 8:00 a.m. to further discuss this item and concerns expressed by the Commission. At this point, the time being 8:30 p.m. the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 42-02: An ordinance amending Chapter 2, "Administrative Provisions", Article 2.4 "General Provisions" Section 2.4.3(K)(2) "Plan Check Fees", and Section 2.4.3(K)(3) "Permit Fees", of the Land Development Regulations to provide for an increase. If passed, a public hearing will be scheduled for October 15, 2002. The caption of Ordinance No. 42-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K)(2) "PLAN CHECK FEES"; AND SECTION 2.4.3(K)(3) "PERMIT FEES", OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this amendment is to LDR Section 2.4.3(K)(2) and (3) which outline the current fee schedules for building plan check and permit tasks. The current fee schedule was adopted more than 10 years ago and no increase in fees have occurred since that time. The Community Improvement Department determined that an across-the-board 5% increase in fees was justified. -21- 10/01/02 At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing regarding this item and after discussing the amendment, the Board voted 5-0 (Mark Krall and Joseph Pike absent) to recommend approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M)(5). Mr. Perlman moved to approve Ordinance No. 42-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 51-02: An ordinance modifying the Special Activities District (SAD) ordinance and Silver Terrace Redevelopment Plan to allow Single Family detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision fronting on Dixie Highway (except corner lots) to take access from Dixie Highway. If passed, a public hearing will be scheduled for October 15, 2002. The caption of Ordinance No. 51-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-96 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR CERTAIN LAND LOCATED IN THE SILVER TERRACE SUBDIVISION, BY AMENDING SECTION 3, PARAGRAPH 5 TO ALLOW SINGLE FAMILY DETACHED DWELLINGS ON LOTS LYING WITHIN BLOCKS 2 AND 3 OF THE SILVER TERRACE SUBDIVISION WHICH ONLY FRONT ON DIXIE HIGHWAY (EXCEPT CORNER LOTS) TO TAKE ACCESS FROM DIXIE HIGHWAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 51-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated an application has submitted from the property owner of Lot 4, Block 2, Silver Terrace Subdivision to modify the SAD (Special Activities District). The property is located on the east side of Dixie Highway, between Central Avenue and Collins Avenue within the residential area of the SAD. The lot is only accessible from Dixie Highway. However, the SAD ordinance and Silver Terrace Redevelopment Plan currently prohibit residential development from having driveway connections to Dixie Highway. In order to utilize the property for single family purposes, the applicant is requesting an amendment to the SAD ordinance to allow Lot 4, Block 2, to be accessed from Dixie Highway. Staff is recommending that this change also apply to the two properties immediately to the south of the subject property (Lots 2-3, Block 2) as well as Lots 2- 4, Block 3. -22- 10/01/02 At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the requests. After reviewing the staff report, the Board voted 5-0 (Krall and Pike absent) to recommend that the requests be approved, based upon positive findings with respect to the Goals, Objectives and Policies of the Comprehensive Plan, consistency with the Silver Terrace Redevelopment Plan, and LDR Section 2.4.5(D)(5) (Rezoning Findings). Ms. McCarthy asked what kind of orientation is done on a fifty foot lot so that people pull straight in and back out straight as well. In response, Mr. Dorling stated staff has required the applicant of Lot 4 to provide a turn around area. Mrs. Archer commented that if the lot is developed individually and there are several cars in the driveway she feels people will still be backing out onto Dixie Highway. Mr. Dorling stated if there are a significant number of cars you may have that condition. Mrs. Archer commented if the Commission were to approve this, then they would not be in a position to prevent people from backing out. Mr. Dorling stated if there is individual ownership (as is the case) those lots have no access if they cannot come off Dixie Highway. The applicant came forward and stated he has already closed on the land and is stretched for time. Mr. Perlman moved to approve Ordinance No. 51-02 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - Yes. Said motion passed with a 4 to 1 vote. At this point, Ms. McCarthy left the dais. 12.C. ORDINANCE NO. 52-02: An ordinance rezoning from R-i-AA (Single Family Residential) to CBD (Central Business District) for a parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. If passed, a public hearing will be scheduled for October 15, 2002. The caption of Ordinance No. 52-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED R- 1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CBD (CENTRAL BUSINESS) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF SE 4TH STREET, APPROXIMATELY 127 FEET EAST OF SE 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; -23- 10/01/02 PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the property consists of the west 16 feet of Lot 28, Block 120 of the Town of Delray subdivision and contains 0.025 acres. The applicant proposes to incorporate the western 16 feet of the subject property into the previously approved mixed use development known as the Meridian located along the east side of S.E. 6th Avenue (northbound Federal Highway), between S.E. 3rd and 4th Streets, for parking and landscape areas. This rezoning is being processed concurrently with a Future land Use Map amendment from LD (Low Density Residential 0-5 units per acre) to CC (Commercial Core), which is part of the City's Comprehensive Plan Amendment 2002-02. At its meeting of September 23, 2002, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. After reviewing the staff report and discussing the proposal, the Board unanimously voted 5-0 (Krall and Pike absent) to recommend that the request be approved based on consistency with the Downtown Delray Beach Master Plan and positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings) and the Goals, Objectives, and Policies of the Comprehensive Plan, subject to the condition that a variance application is submitted and granted for the reduction of the rear yard setback and replacement of parking elsewhere on the property. Mr. Perlman moved to approve Ordinance No. 52-02 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. 12.D. ORDINANCE NO. 49-02: An ordinance rezoning from County AR (Agricultural Residential) in part, CG (General Commercial) in part, and RTU (Residential Transitional Urban) to City PRD (Planned Residential Development) in part and PC (Planned Commercial) in part for eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. If passed, a public hearing will be scheduled for October 15, 2002. The caption of Ordinance No. 49-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED COUNTY AR (AGRICULTURAL RESIDENTIAL), GC (GENERAL COMMERCIAL) AND -24- 10/01/02 RTU (RESIDENTIAL TRANSITIONAL URBAN) DISTRICTS TO PRD (PLANNED RESIDENTIAL) AND PC (PLANNED COMMERCIAL) DISTRICTS; SAID LAND BEING 11 PARCELS LOCATED SOUTH OF THE L-30 CANAL, BETWEEN BARWICK ROAD AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Doffing, Director of Planning and Zoning, stated at its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 (02-1), to the Department of Community Affairs for review, and approved on first reading the voluntary annexation of the subject property. At its meeting of August 6, 2002, the City Commission approved the second and final reading of the voluntary annexation of the subject parcels. The proposal before the Commission is to apply City zoning of PC (Planned Commercial) to 6.63 acres of the subject area, with the remaining 47.87 acres receiving City zoning of PRD (Planned Residential Development). The proposed zone districts are consistent with the Future Land Use Map designations as proposed by the Comprehensive Plan Amendment 02-01. At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public hearing. After reviewing the staff report and discussion, the Board voted 5 to 0 (Krall and Pike absent), to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Mr. Perlman moved to approve Ordinance No. 49-02 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 50-02: An ordinance rezoning from County PUD (Planned Unit Development) to City PRD (Planned Residential Development) for a 34.6 acre parcel, the Winterplace Subdivision (now known as the Colony at Delray Beach), located at the southeast corner of Military Trail and the L-30 Canal. If passed, a public hearing will be scheduled for October 15, 2002. The City Manager presented Ordinance No. 50-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND -25- 10/01/02 PRESENTLY ZONED COUNTY PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A 34.6 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF THE L-30 CANAL AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property is the plat of Winterplace. The site, now known as The Colony at Delray Beach, contains 151 zero lot line detached single family homes situated on 34.6 acres of land. At its meeting of July 16, 2002, the City Commission approved transmittal of Comprehensive Plan Amendment 2002-1 to the Department of Community Affairs for review, and approved a voluntary annexation on first reading of the Winterplace Subdivision pursuant to a water service agreement dated March 8, 2000. At its meeting of August 3, 2002, the City Commission approved the voluntary annexation of the subdivision on second and final reading. As a result of this annexation, the subdivision maintained its existing County Zoning and Future Land Use Map Designations until such time that Comprehensive Plan Amendment 2002-1 is adopted, which is anticipated for October 15, 2002. At its meeting of September 23, 2002, the Planning and Zoning Board considered the request at a public hearing. After reviewing the staff report and discussion, the Board voted 5 to 0 (Krall and Pike absent) to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Section 2.4.5(D)(5). Mrs. Archer moved to approve Ordinance No. 50-02 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. Robert A. Barcinski, Acting City Manager, had no comments or inquiries on non- agenda items. -26- 10/01/02 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer apologized for being late this evening and explained this was unexpected. Secondly, Mrs. Archer stated with regard to comments expressed by Mr. Finkel about the accident which occurred on Atlantic Avenue, she clarified that this accident did not occur anywhere near Congress Avenue but instead occurred at the intersection of Barwick Road and West Atlantic Avenue in front of Carver Middle School and involved a fatality. Mrs. Archer stated she concurs with comments expressed by Mrs. Finst regarding tree pruning. She stated by pruning a tree like the example Mrs. Finst mentioned can cause severe damage and weaken trees. Mrs. Archer encouraged any citizen who witnesses something like this happening to get the name of whoever is doing the pruning and report it to the City because it has to be caught in progress in order to be able to do anything. Mrs. Archer thanked Commissioner Levinson for sharing Mr. Amos' stay with the entire City. 13.C.2. Commissioner Perlman In addition to the American Planning Association Award referenced by Mr. Dorling earlier in the meeting, Mr. Perlman stated the City also won an Award of Excellence from the Florida Planning and Zoning Association. Mr. Perlman inquired about the status of the Sober House community. In response, Mrs. Archer stated the Drug Task Force has met with the representatives from the sober houses and they are having a meeting amongst themselves in an attempt to organize. They have contacted a national organization and they are trying to set up a Chapter within the City. Mrs. Archer stated if and when they do, the Drug Task Force will have another meeting to follow up on this. Hopefully, Mrs. Archer stated they will go into a mode where there will be self regulation brought through the drug treatment centers, the half-way houses, and the sober houses so that there would be a network of recommendations that could be made in an effort to try and eliminate those that are non-conforming. Mr. Perlman stated some of the Commissioners had the opportunity to meet with school principals last week. Mr. Perlman thanked the Chamber of Commerce which put together its annual "Get Together with the Principals" and commented it was great to see so many of the principals that have been here a long time talk about how privileged they feel to be in Delray Beach. Mr. Perlman commented that he is particularly impressed with Mrs. Byrne from Plumosa -27- 10/01/02 Elementary School who is stepping into the shoes of former Principal Eula Mason-Berry and Mrs. Crilley from Orchard View Elementary School who came with a good reputation from Addison Mizner and is thrilled to be in Delray. Mr. Perlman stated he read in the Parade Magazine that Detective John Young of the Delray Beach Police Department was a finalist for a National Award. Mr. Perlman suggested that the City formally recognize Detective Young. Mr. Perlman thanked Commissioner Levinson for bringing Famous Amos to town. Mr. Perlman stated he had the opportunity to go to the Village Academy with Famous Amos this morning and he enthralled the children and the staff. In addition, Mr. Perlman commented that Famous Amos also gave a presentation to City staff and some members of the public and noted it was sensational. Mr. Perlman stated Famous Amos commented that the races are working well together and he was particularly impressed with the educational facilities in Delray Beach. Mr. Perlman stated that Famous Amos inspired the children to read and mentioned he would be back to Delray during the month of February. With regard to planning, Mr. Perlman stated there was a group of business owners and City officials who came here from Daytona Beach. Mr. Perlman stated these officials came to Delray Beach because Delray has the statewide reputation for smart growth and being a leader in redevelopment. Mr. Perlman stated these officials were most impressed with Delray and they like the scale of development. 13.C.3. Mayor Schmidt Mayor Schmidt stated he received a letter from Laurence Stolow whose car broke down on August 2, 2002, at Military Trail between Atlantic Avenue and Linton Boulevard and was assisted by a number of Delray Beach Police Officers. Two of the officers' names are Officer Drummond and Officer Witter. The other officers' names are unknown. Mr. Stolow referred to the Delray Beach Police officers' as being both diligent and courteous and he feels they should be commended for their actions. 13.C.4. Commissioner McCarthy Ms. McCarthy thanked Commissioner Levinson for expanding Mr. Amos' stay and for sharing it with the entire City. Secondly, Ms. McCarthy asking the City Attorney about a moratorium on the number of sober houses within residential communities and whether or not this would put the City in another risky area. Ms. McCarthy commended the citizens for taking the time to note if there is any unusual activity going on throughout the City (i.e. comments expressed by Alice Finst regarding the tree pruning). Ms. McCarthy stated she feels this makes a difference that people care enough to report these things to the Commission. -28- 10/01/02 13.C.5. Commissioner Levinson With regard to the tree issue, Mr. Levinson stated Sandy Jamison called him approximately one month ago about a battle he was having with FPL. Mr. Levinson stated that apparently there are cities that have ordinances that require certain specifications for utility companies when they are trimming trees. Mr. Levinson stated he is constantly distressed when he sees new homes going in and people who put trees underneath the power lines. Mr. Levinson suggested that a better job be done with regard to the plan review for landscaping as to not create these situations that could lead to potential problems. Mr. Levinson suggested that staff both communicate and see if an ordinance can be drafted to deal with the FPL issue. In addition, Mr. Levinson suggested that staff go back and review the landscape plans that are being submitted where trees are being put directly on the right-of-way. Secondly, Mr. Levinson thanked the City staff on their efforts with Famous Amos today. Mr. Amos commented that everything was well organized and Mr. Levinson noted that he would be writing staff appropriately. Mr. Levinson stated that often people do not understand why recognition from the American Planning Association (APA) and the Florida Redevelopment Association (FRA) are good. He stated that awards such as these help bring grants to the community. Mr. Levinson stated he is thrilled that the City is receiving this recognition because it is great advocacy documents and pieces for the City to be able to leverage into grants. Mr. Levinson stated he was pleased with the filming of the movie. Mr. Levinson continued to state he received four or five phone calls and/or emails from those who felt that an eight day road detour was a significant inconvenience. Contrary to those four or five calls and emails, Mr. Levinson stated he had approximately 50 people come to him excited about what was going on and the fact that they felt a part of the movie. Mr. Levinson commented that several businesses throughout the community shared in that benefit. Mr. Levinson continued to state he is excited that the film crew was so pleased with their experience here because he feels those are the kind of things that do generate economic impact. Mr. Levinson stated the merchants did well, the Police Department did a terrific job of being accommodating, and overall he feels it was a great experience for the community. at 9:15 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk -29- 10/01/02 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 1, 2002, which Minutes were formally approved and adopted by the City Commission on 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 to the Minutes as set forth above. -30- 10/01/02 13.C.5. Commissioner Levinson With regard to the tree issue, Mr. Levinson stated Sandy Jamison called him approximately one month ago about a battle he was having with FPL. Mr. Levinson stated that apparently there are cities that have ordinances that require certain specifications for utility companies when they are trimming trees. Mr. Levinson stated he is constantly distressed when he sees new homes going in and people who put trees underneath the power lines. Mr. Levinson suggested that a better job be done with regard'to the plan review for landscaping as to not create these situations that could lead to potential problems. Mr. Levinson suggested that staff both communicate and see if an ordinance can be drafted to deal with the FPL issue. In addition, Mr. Levinson suggested that staff go back and review the landscape plans that are being submitted where trees are being put directly on the right-of-way. Secondly, Mr. Levinson thanked the City staff on their efforts with Famous Amos today. Mr. Amos commented that everything was well organized and Mr. Levinson noted that he would be writing staff appropria,tely. Mr. Levinson stated that often people do not understand why recognition from the American Planning Association (APA) and the Florida Redevelopment Association (FRA) are good. He stated that awards such as these help bring grants to the community. Mr. Levinson stated he is thrilled that the City is receiving this recognition because it is great advocacy documents and pieces for the City to be able to leverage into grants. Mr. Levinson stated he was pleased with the filming of the movie. Mr. Levinson continued to state he received four or five phone calls and/or emails from those who felt that an eight day road detour was a significant inconvenience. Contrary to those four or five calls and emails, Mr. Levinson stated he had approximately 50 people come to him excited about what was going on and the fact that they felt a part of the movie. Mr. Levinson commented that several businesses throughout the community shared in that benefit. Mr. Levinson continued to state he is excited that the film crew was so pleased with their experience here because he feels those are the kind of things that do generate economic impact. Mr. Levinson stated the merchants did well, the Police Department did a terrific job of being accommodating, and overall he feels it was a great experience for the community. at 9:15 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk -29- 10/01/02 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on October 1, 2002, y~hich Minutes were formally approved and adopted by the City Commission on Cify 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 to the Minutes as set forth above. -30- 10/01/02