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10-19-99 OCTOBER 19, 1999 A RegularMeeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, October 19, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ Missionary Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 9.I., Resolu- tion No. 66-99, to the regular agenda by addendum. Mr. Randolph moved to approve the agenda as amended, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of October 5, 1999, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve the Minutes of the Special Meeting of October 12, 1999, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizinq and commending the 1999 Delray Beach Junior Lifequards for their accomplishments at the Southeast Regional Junior Lifequard Championships. Mayor Alperin read and presented a proclamation in recognition of the Junior Lifeguard program and commending the 1999 Junior Lifeguards for their outstanding representation of the City of Delray Beach at the Southeast Regional Junior Life- guard Championships. Beach Supervisor Rich Connell presented certificates to the Junior Lifeguard program participants as they were recognized by the Mayor. Mr. Connell also recognized Lt. Steve Zickl, Director of the Junior Lifeguard program. Lt. Zickl expressed his appreciation to the City Commission for taking the time to recognize the Junior Lifeguard participants and the program. 6.B. National Epilepsy Awareness Month - November 1999. Mayor Alperin presented a proclamation in recognition of November, 1999, as National Epilepsy Awareness Month. The proclamation will be forwarded to the appropriate officials. 7. Presentations: 7.A. Dan McGinnis, General Manager, BFI. Mr. McGinnis came forward to introduce himself as the new General Manager for BFI. He commented that he has been here for about six weeks and has been warmly greeted by two storms. Mr. McGinnis wanted the City Commission to know that his staff is working very closely with the Code Enforcement Division to accomplish the clean-up process as quickly as possible. BFI is very pleased and honored to be a service provider to the City and residents of Delray Beach. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RENEWAL OF TEMPORARY PARKING LOT PERMIT/MILAGRO CEN- TER: Approve renewal of the temporary parking lot permit associ- ated with the Milagro Center for one year (through October 20, 2000). The subject property is located at the southwest corner of S.E. 1st Street and S.E. 3rd Avenue within the Central Busi- ness District. 8.B. INTERLOCAL AGREEMENT FOR PLANNING SERVICES WITH THE CRA: Approve an interlocal agreement with the Community Redevel- opment Agency wherein the City will provide planning services and technical support associated with the preparation of a neighborhood plan for Osceola Park, a redevelopment plan for the CBD, and work associated with the implementation of previously adopted plans. -2- 10/19/99 8.C. WATER SERVICE AGREEMENT/THE ENCLAVE SHOPPES: Approve the standard water service agreement for The Enclave Shoppes, a proposed commercial building/shopping center located west of Military Trail at the southwest corner of Markland Lane and West Atlantic Avenue. 8.D. AGREEMENT FOR SIDEWALK IMPROVEMENTS/C&L REALTY INVEST- MENTS LLC: Approve an agreement between the City and C&L Realty Investments LLC to allow the deferral of sidewalk improvements along N.W. 1st Avenue right-of-way until such time as the City requests the sidewalk to be constructed. 8.E.. CONTRACT WITH THE TOWN OF HIGHLAND BEACH FOR DISPOSAL OF PRETREATED SANITARY SEWAGE: Approve an agreement between the City and the Town of Highland Beach for the disposal of pretreat- ed sanitary sewage effective for a period of thirty (30) years. 8.F. AMENDED OFF-SITE PARKING AGREEMENT/LS&R INVESTMENTS: Approve an amended Off-Site Parking Agreement by and between Wal-Mart Stores, Inc., LS&R Investments (d/b/a Delray Eye Associ- ates), and the City wherein Wal-Mart agrees to grant LS&R Invest- ments the right to use 20 surplus parking spaces on Wal-Mart's property. 8.G. REMOVED 8.H. POLICY CHANGES FOR THE TENNIS CENTER: Approve the proposed policy changes for the Tennis Center as reviewed at the October 12, 1999 work session. 8.I. SERVICE AUTHORIZATION #2/MATHEWS CONSULTING, INC. (VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS FROM CASUARINA ROAD TO ATLANTIC AVENUE): Approve Service Authorization #2 in the amount of $130,500.00 with Mathews Consulting, Inc. for prelimi- nary and final design services for utility, drainage and roadway improvements on Venetian Drive, Langer Way, Nassau Street, Ingraham Avenue and Miramar Street between Casuarina Road and Atlantic Avenue, with funding from 441-5181-536-65.09 (Venetian Drive). 8.J. SERVICE AUTHORIZATION #71/O'BRIEN, SUITER & O'BRIEN (SEACREST/DEL-IDA AREA PHASE II): Approve Service Authorization #71 in the amount of $13,935.00 with O'Brien, Suiter & O'Brien, Inc. to survey the area encompassing the Seacrest/Del-Ida Area Improvements Phase II project, with funding from 442-5178-536-65.03 (Other Improvements - Seacrest & Del-Ida). 8.K. DIGITAL BASE MAPS/JOINT VENTURE WITH PALM BEACH COUNTY PROPERTY APPRAISER: Approve and authorize the Mayor to sign an agreement with ADR, Inc. for digital photogrammetric base maps of the City's entire service area west of 1-95 between the north and south City limits (approximately 6,899 acres), with funding in the amount of $59,703 from 448-5411-538-65.11 (Stormwater -3- 10/19/99 Utility - GIS Mapping) and $150,000 from 441-5161-536-65.11 (Water & Sewer - GIS Mapping) for a total cost of $209,703.00. 8.L. RESOLUTION 65-99: Approve a resolution supporting permanent and consistent funding for Regional Planning Councils. The caption of Resolution No.65-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING PERM3~NENT AND CONSISTENT FUNDING FOR REGION- AL PLANNING COUNCILS. (The official copy of Resolution No. 65-99 is on file in the City Clerk's office.) 8.M. RESOLUTION NO. 55-99: Approve a resolution assessing costs for abatement action required to remove nuisances on seventeen (17) properties throughout the City. The caption of Resolution No. 55-99 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 LANDS(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND 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. 55-99 is on file in the City Clerk's office.) 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 4th through October 15, 1999. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Contract renewal with Air Liquide America Corp. for the purchase of liquid carbon dioxide, via City of West Palm Beach bid, for a one year period at an estimated annual cost of $51,000.00, with funding from 441-5122-536-52.21 (Water Treatment & Storage Chemicals). -4- 10/19/99 2. Bid award in the amount of $28,485.00 to Andrea Construction Co., Inc. for construction of an elevated walkway from the clarifier deck to the roof of the lime building at the Water Treatment Plant, with funding from 441-5161-536-63.79 (Capital Outlay - WTP Lime Building Walkway). 3. Purchase award in the amount of $36,966.00 to Poligon Park Architecture, via Florida SNAPS (State Negotiated Agreement Price Schedule) contract, for the purchase of five (5) pavilions to be installed at Orchard View Park, with fund- ing from 117-4178-572-63.40 (Recreation Impact Fees Recreational Improvements). 4. Purchase award at an estimated annual cost of $31,865.00 to Vulcan Chemical Technologies, Inc., sole source provider, for the purchase of hydro- gen peroxide for odor and corrosion control at Lift Station #14, with funding from 441-5144-536-52.21 (W&S Lift Station Maintenance - Chemicals). 5. Purchase award in the total amount of $38,960.00 to Kustom Signals, Inc., sole source provider, for the purchase of eight (8) in-car video sys- tems for Police Department patrol cars, with funding from 112-2172-521-64.90 (Law Enforcement Trust Fund - Other Machinery & Equipment). 6. Contract renewal with Focus Camera for the pur- chase of various film and photographic supplies, via City of Boca Raton bid, for a one year period at an estimated annual cost of $17,216.59, with funding from various departmental FY 2000 operat- ing accounts 52.20. Mr. Schmidt moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. FY 2000 PERFORMANCE MEASURES FOR THE TENNIS CENTER: Consider approval of the proposed FY 2000 performance measures for the Tennis Center as reviewed and amended at the October 12, 1999 work session. Mrs. Archer moved to approve the FY 2000 performance measures for the Tennis Center, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin Yes; -5- 10/19/99 Mr. Schmidt - Yes; Mrs. Archer Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. PROPOSED BILLBOARD REDUCTION PROGRAM FROM AK MEDIA/FL: Consider a proposal from AK Media/FL to eliminate some of the existing billboard structures throughout the City in exchange for the opportunity to construct new monopole structures in commercial and industrial zones along 1-95. Lula Butler, Director of Community Improvement, stated that the proposal is to remove some existing billboards located throughout the City in exchange for putting in some new bill- boards along the 1-95 corridor. The issue before the City Commission is that the City's sign code prohibits off-premises signs. This prohibition includes building signs that advertise an establishment, merchandise, service or entertainment which is sold, produced, manufactured or furnished at a place other than the property on which the sign is located. Billboards fall within this category of prohibited signs. Ms. Butler noted that the City Commission considered two similar proposals in the past and rejected both proposals. The Commission has the option of directing staff to amend the sign code to provide for the instal- lation of off-premises signs which would include billboards, or deny the request. Ms. Butler stated the staff recommendation is denial of the proposed request and that the City Commission continue to support the existing code prohibiting off-premises signs throughout the City. Mr. Jesus Garcia, Director of Public Affairs for AK Media/FL, explained that his company's proposal is to reduce the number of billboard structures in the City in exchange for the opportunity to construct new monopole structures in more appro- priate commercial and industrial zones along 1-95. Mr. Garcia reviewed the list of existing billboard structures that would be removed and touched on additional incentives for the City such as the possibility of public service advertising for a one year period of time as well as a revenue sharing agreement whereby a percentage of the revenue generated by a specific structure is earmarked for a non-profit organization in the City of Delray Beach. Mr. Garcia stated that AK Media/FL is very interested in working with the City and feels that it could be a mutually advantageous project. On question from Mayor Alperin, Ms. Butler stated that most of the remaining billboards within the City are protected under the U.S. Code, Title 23, and Chapter 1-Federal Aid High- ways, which provide that a local government may not remove or cause to be removed any lawfully erected sign along any portion of the interstate or federal-aid primary highway system without first paying just compensation for such removal. Mr. Wright stated that he is not in favor of erecting any more billboards or making any type of deal in this regard. He moved to DENY the request concerning billboards from AK -6- 10/19/99 Media/FL, seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion to DENY passed with a 5 to 0 vote. After roll call, Mr. Schmidt commented that on his reading of the legislation attached as part of the backup, if the City were to seek to remove the existing billboards and pay, the federal government is supposed to pay 75% of that cost. He asked if this had been investigated by staff? Ms. Butler stated she would look into this further and provide a response. 9.C. MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM: Provide direction as to whether or not the City is interested in joining the Municipal Public Safety Communications Consortium. The City Manager explained that the Criminal Justice Commission initiated and has been in the process of trying to put together a Municipal Public Safety Communications Consortium (MPSCC). The City does not have to make any final commitment until the costs are determined. The City Manager felt it advis- able for the City to be a participant at least to that point to protect our own interests because the County is now making available the $12.50 that is tacked on to every traffic ticket and this money is to be used for 800 megahurtz communication. The MPSCC is being asked to decide how that money is to be divided up. The Manager stated he would propose to consult with the City Attorney in order to make some changes in the agreement that would make it acceptable to the City, execute it and send it back to them and participate at least until they determine how the costs are to be divided up. His biggest concern is that he does not see a need for a permanent staff for this organiza- tion and that is the direction they are headed. He felt it would be a waste of money, but perhaps would change his mind once it develops further. There is a lot of time that has to be put in on the front end to get the group organized, but once it is up and running there should not be that much involved. The City Manager asked that the Commission approve entering into an agreement with the understanding that before the City is really committed, it would be brought back to the Commission along with the costs that would be involved. The Commission would have the opportunity to vote on it again before a final commitment is made. It was the consensus of the City Commission to accept the City Manager's recommendation. Mrs. Archer would like to find out what the expected expenses are in relationship to what the expected return might be before we make a final decision. Mrs. Archer moved to approve the City Manager's recom- mendation with respect to joining the Municipal Public Safety Communications Consortium, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. 7 10/19/99 Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority for a four year term ending October 29, 2003. The appointment will be made by Mayor Alperin (Seat #5). Mayor Alperin stated that he wished to reappoint Thomas F. Carney to the Delray Beach Housing Authority as a regular member for a four year term ending October 29, 2003. Mr. Schmidt so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Wright (Seat #3). Mr. Wright moved to appoint Dave Bodker, a landscape architect, to the Historic Preservation Board to fill an unex- pired term ending August 31, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. GROUP LIFE INSURANCE RENEWAL RATES: Provide direction concerning various life insurance renewal options for active employees and retirees. Joe Safford, Finance Director, stated that the City's current life insurance carrier, MetLife, is requesting a 53% rate increase due to claims experience, especially from the retiree ranks. Due to this proposed rate increase, the City's Agent of Record was directed to enter the market and request additional quotations. Quotes were obtained from five carriers, of which the best overall package for all parties appears to be from Standard Insurance which submitted the lowest bid. Mr. Safford then explained the following two options from that company: Option 1 would continue retiree coverage at the same group rates that are paid by the active employees. The quote is $0.28 per $1,000 of coverage per month for the basic life insurance and $0.04 for Accidental Death & Dismemberment (AD&D). Retirees do not get AD&D so their rate would be $0.28 per $1,000 of coverage. By going with this option, the City's cost will increase from roughly $99,000 per year to approximate- ly $120,000 per year. For active employees, this equates to roughly a 14% increase. Option 2 is to separate the retirees and the active employees into two classes. If this is done, the rate for the active employees will decrease from the current $0.25 to $0.22 per $1,000 of coverage and will remain at $0.04 for AD&D. However, the rate for retirees will increase from the current $0.25 to $1.07 per $1,000 of coverage, or a little over a 400% increase. Mr. Safford clarified that the City pays the cost of life insurance for active employees while the retirees pay for their own life insurance. By going with the first option, the City's total costs will increase by about $13,000 or $14,000, with an increase of $0.03 for retirees. By going with option two, the City's cost will be reduced from roughly $99,000 down to $91,000 although the cost to retirees will increase signifi- cantly. Mr. Safford concluded by pointing out that Delray Beach is one of only a few municipalities that has chosen to allow its retirees to have life insurance and pay at the normal group rate paid for active employees. He asked for direction from the Commission as to which way to proceed. During discussion by the Commission, several approach- es were suggested such as phasing in the change to the two separate classes of coverage, or to keep the retirees in the group plan at the lower rate but give them a year or two of notice that the change to the other method will be coming, or possibly to allow the retirees to adjust their coverage amount based upon their own needs and ability to pay. Mr. Safford pointed out that the effective date for the new rates is Novem- ber 1st so there is not enough time to give notice to the retir- ees of any significant changes for the coming year. After discussion, it was the consensus of the City Commission to support Option 1 at least through the next year and in the meantime look at Option 2 and other possibilities such as allowing coverage adjustments for retirees or allow group rate coverage to continue for longer periods of time for those employees who retire from the City with longer tenures of service. 9.G. SETTLEMENT OFFER/WILLIE GODBEE, ET AL V. CITY: Consid- er a settlement offer in the referenced matter. The City Attorney stated the settlement offer present- ed by Plaintiffs' attorney is for $85,000 inclusive of fees and costs for Mr. Godbee and $10,000 inclusive of fees and costs for Tiffany Laster. Ms. Ruby recommended that the settlement offer be denied. On question from Mr. Schmidt, the City Attorney clari- fied that the settlement proposal was actually an offer of judgment. -9- 10/19/99 Mr. Schmidt moved to DENY the settlement offer, second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.H. OFFER OF JUDGMENT/DAIDOLA V. CITY: Consider an offer of judgment in the referenced matter. The City Attorney noted that the City Commission rejected an offer of judgment in this case in the amount of $9,999.00 at the October 5th regular meeting. Another offer of judgment has been received in the amount of $5,000.00. Ms. Ruby stated there apparently is a lien on Ms. Daidola's medical expenses, at least $3,500 of the $8,500.00 that she incurred. It is at the Commission's discretion as to whether it would be cheaper to pay the $5,000.00 or go to trial and the potential for a jury verdict. After discussion, Mr. Schmidt moved to accept the Offer of Judgment in the amount of $5,000.00. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin No; Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Wright - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 9.I. RESOLUTION NO. 66-99: A resolution supporting Old School Square, in partnership with the Community Redevelopment Agency and Pineapple Grove Main Street, in their application for the Great American Main Street Award. (BY ADDENDUM) The caption of Resolution No. 66-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING OLD SCHOOL SQUARE, IN PARTNERSHIP WITH THE COMMUNITY REDEVELOPMENT AGENCY AND PINEAPPLE GROVE MAIN STREET, IN THEIR APPLICATION FOR THE GREAT AMERICAN MAIN STREET AWARD. (The official copy of Resolution No. 66-99 is on file in the City Clerk's office.) Lula Butler, Director of Community Improvement, ex- plained that the resolution is needed as a supporting document to meet the criteria for submitting an application for the Great American Main Street Award. There is no cost to the City for supporting this effort. Mrs. Archer moved to approve Resolution No. 66-99, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. -10- 10/19/99 At this point, the time being 6:55 p.m., the City Commission moved to Item 12, First Readings, on the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 42-99: An ordinance rezoning a parcel of land commonly known as the Hegstrom property from R-i-AA (Single Family Residential) District to R-1-A (Single Family Residential) District. The subject property is located on the north side of N.E. 22nd Street, approximately 450 feet east of Seacrest Boulevard. If passed, a quasi-judicial public hearing will be scheduled for November 2, 1999. The City Manager presented Ordinance No. 42-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-i-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE HEGSTROM PROPERTY LOCATED ON THE NORTH SIDE OF N.E. 22ND STREET, APPROXIMATELY 450 FEET EAST OF SEACREST BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. On question from Mr. Schmidt, the City Attorney clari- fied that there is a provision in the settlement agreement which prohibits the building of duplexes on the property. Mr. Schmidt moved to approve Ordinance No. 42-99 on FIRST Reading, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 40-99: An ordinance providing for a corrective, small scale Future Land Use Map (FLUM) amendment from Redevelopment Area #3 to Medium Density Residential (5-12 dwelling units per acre) for a portion of The Groves of Delray property, located on the north side of Douglass Avenue between S.W. 7th Avenue and S.W. 8th Avenue. If passed, a public hear- ing will be scheduled for November 2, 1999. The City Manager presented Ordinance No. 40-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE -11- 10/19/99 FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA #3 TO MEDIUM DENSITY RESIDENTIAL (5-12 DWELLING UNITS PER ACRE), FOR A PORTION OF THE GROVES OF DELRAY PROPERTY LOCATED ON THE NORTH SIDE OF DOUGLASS AVENUE, BETWEEN S.W. 7TH AVENUE AND S.W. 8TH AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 40-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 41-99: An ordinance rezoning a portion of the Security Self-Storage Facility site located at the north- east corner of Linton Boulevard and S.W. 4th Avenue from I (Industrial) District to MIC (Mixed Industrial and Commercial) District. This is a corrective rezoning for a one acre parcel of the overall site. If passed, a quasi-judicial public hearing will be scheduled for November 2, 1999. The City Manager presented Ordinance No. 41-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED I (INDUSTRIAL) DISTRICT IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING COMMON- LY KNOWN AS A PORTION OF THE SECURITY SELF- STORAGE FACILITY SITE LOCATED AT THE NORTH- EAST CORNER OF LINTON BOULEVARD AND S.W. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -12- 10/19/99 Mrs. Archer moved to approve Ordinance No. 41-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 37-99 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Section 4.4.13(G) (1) of the Land Development Regulations to provide for parking requirements for residential units in multi-family structures and mixed use buildings within the Central Business District. Prior to consid- eration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 37-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT" , SUBSEC- TION 4 . 4 . 13 (G) , "SUPPLEMENTAL DISTRICT REGULATIONS" , SUBPARAGRAPH 4 . 4 . 13 (G) (1) , "PARKING", TO PROVIDE FOR PARKING REQUIRE- MENTS FOR RESIDENTIAL UNITS IN MULTI-FAMILY STRUCTURES AND MIXED USE BUILDINGS WITHIN THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-99 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 Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 37-99 on Second and FINAL Reading, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. -13- 10/19/99 10.B. ORDINANCE NO. 39-99: An ordinance amending Chapter 31, "City Officials and Employees", Subheading "General Provi- sions'', of the City Code by amending Section 31.02, "Compensa- tion of Commissioners and Mayor", to provide for adjustments to compensation each year in a manner commensurate with increases in compensation to general city employees. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 39-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE III, "ADMINISTRATION", CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES", SUBHEADING "GENERAL PROVISIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 31.02, "COMPENSATION OF COMMISSIONERS AND MAYOR", TO PROVIDE FOR ADJUSTMENTS TO COMPENSATION EACH YEAR IN A MANNER COMMENSURATE WITH INCREASES IN COMPEN- SATION TO GENERAL CITY EMPLOYEES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-99 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 Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 39-99 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 14-99 (SECOND READING/ADOPTION REARING): An ordinance adopting Comprehensive Plan Amendment 99-1 with the proposed changes to address the Objections, Recommendations and Comments (ORC) Report. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 14-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING -14- 10/19/99 COMPREHENSIVE PLAN AMENDMENT 99-1 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 99-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-99 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. Paul Dorling, Principal Planner, stated that the Planning and Zoning Board considered Comprehensive Plan Amend- ment 99-1 for transmittal on March 15, 1999. Several members of the public spoke, requesting an additional policy and related text changes to implement increases in residential densities in the West Atlantic Avenue Overlay District. The Planning and Zoning Board recommended approval, including those changes. Comprehensive Plan Amendment 99-1 was then considered by the City Commission on April 20, 1999, at which time it was recom- mended for approval and transmitted to the Department of Communi- ty Affairs (DCA). DCA reviewed the amendment and issued an Objections, Recommendations and Comments (ORC) report on August 5, 1999. This ORC report contained several objections, the majority of which dealt with the need to specify densities and intensities in land use categories within the plan amendment. The Planning staff had several telephone conversations with DCA on how to address the ORC report. In summary, the first objec- tion was that the General Commercial land use category did not contain upper densities for the residential component nor did it include intensity standards for the commercial component. In response to that, staff has recommended adding a maximum residen- tial density of 12 units per acre, except in the West Atlantic Avenue Overlay District where a maximum residential density of 85 units per acre is proposed. The intensity of commercial development was addressed by establishing a maximum floor area ratio for non-residential uses. The second objection that DCA had related to the percentage distribution among the mixed uses, both residential and commercial, within the General Commercial land use catego- ry. While areas in the City that are zoned GC are overwhelming- ly commercial in nature, to preserve the maximum flexibility under a mixed use scenario language is proposed to be added to allow between a zero and 15% residential component in the GC -15- lO/19/99 category, except in the West Atlantic Avenue Overlay District where a 50% maximum residential component is proposed. The third and fourth objections by DCA were that no upper or lower densities were established for the residential use of the Mixed Use district and no standards were established for the intensity of use for the non-residential uses allowed in the Mixed Use category. Inasmuch as Amendment 99-1 was original- ly proposed to clean up the Mixed Use land use category to better reflect the Old School Square Historic Arts District and that the City is not ready to establish the densities and inten- sities in this district, in order to comply with DCA's comments the staff recommendation is to delete this from Amendment 99-1 until such time as a more detailed analysis can be conducted on the appropriate percentage mixes° The fifth objection related to the provision of inten- sity standards for the Conservation land use category. The City has very limited properties with this designation and most are addressed through specific policies. To address this objection, the Department of Community Affairs agreed to accept a specific reference that will refer to specific policies in the Conserva- tion Element for appropriate intensities of development. The sixth and final objection centered around a misun- derstanding by DCA of what information the City was going to allow to be waived with a Future Land Use Map (FLUM) amendment which was associated with annexation. Since the information to be waived was not required information as DCA had first thought, additional language to clarify the type of information has been proposed which will address this objection. Mr. Dorling continued that the Community Redevelopment Agency considered the Response to ORC at its meeting of Septem- ber 23, 1999, at which time the CRA Board recommended approval with the recommended change that the residential component be designated as 50% within the West Atlantic Avenue Overlay Dis- trict. On September 27, 1999, the Planning and Zoning Board recommended adoption of the amendment, with the residential percentage change, by unanimous vote. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Carolyn Zi~erman, 212 S.W. 2nd Avenue, commented that when the visioning and planning sessions were held for the West Atlantic Avenue, the residents said they wanted it to be just like East Atlantic Avenue with businesses on the first floor and residential on the second floor. Nothing was said about having third, fourth and fifth floors. The residents said they didn't want any more big buildings, but an extension of East Atlantic Avenue with the 'Mom & Pop' operations. Ms. Zimmerman felt it was very unfortunate that the people who live along West Atlan- tic Avenue probably didn't even know about this meeting tonight, -16- 10/19/99 and very sad when the City passes laws but doesn't let the people know what is going on. She urged the Commission to get in touch with the people and hear what they have to say about what they want on West Atlantic Avenue. Alfred Straqhn, 26 S.W. 5th Avenue, questioned why the City spent the money to hold the planning charrette to find out what the citizens want to see on West Atlantic Avenue if their input was going to be ignored? The results of the charrette were that the citizens wanted to see a village atmosphere with no building over two stories, with businesses downstairs and residential upstairs. Mr. Straghn stated this is what the people on the west side of town expect and it is not fair that the City draws a picture and then turns around and wants to change it. The West Atlantic Avenue residents are just as concerned about density as anywhere else. They want to see new development, but they also want the right kind of development to come in and not crowd out the people who are already there. Mr. Straghn concluded by asking the Commission to please let the citizens in the West Atlantic area know what is going on and make it truly understandable to them. Rosetta Rolle, 301 N.W. 3rd Avenue, echoed the previ- ous speakers in that the vision for West Atlantic Avenue that came out of the charrette was one of a quaint 'Village by the Sea' atmosphere that is pedestrian friendly. This is what the residents want to see happen, not high rise buildings and in- tense development. Mrs. Rolle commented that if we can keep the uniqueness that is Old School Square all the way out to 1-95, then Delray Beach would be a city that the residents can be proud of and where people want to go. She cautioned against developers who are only interested in making as much money as they can, and then will be gone. Kevin Warner, 248 Venetian Drive, commented that he felt the timing of the increased densities and intensities for West Atlantic Avenue is puzzling in light of the fact that the City is in the midst of trying to get things organized to com- plete a major review and overhaul of the Central Business Dis- trict. Mr. Warner felt this ought not be done on a piecemeal basis with the exclusion of the area west of Swinton Avenue. There has already been substantial debate with more to come on the Block 77 proposal. Mr. Warner stated the whole issue of increased densities and intensity has become extremely volatile and contentious. He felt it would be in the best interests of the City to hold further public debate and consider the issue within the context of an overall redevelopment plan for the downtown area rather than making revisions for just one area such as West Atlantic Avenue. Clay Wideman, business owner on West Atlantic Avenue, stated he has operated a business on West Atlantic for 32 years. He acknowledged the sensitivity of the issue being discussed this evening, but respectfully disagreed with Ms. -17- 10/19/99 Zimmerman, Mr. Straghn and Mrs. Rolle. Having been a member of the Community Redevelopment Agency for eight years, Mr. Wideman came to understand that in order for a developer to come into an area, the developer has to know that the numbers are going to work. He has waited a long time to see something happen on the West Atlantic Avenue corridor and it is past time for the City and the community to do something about it. He supports the increased density as long as it is handled sensitively within the neighborhood. Fred Ebner, 710 Bond Way, stated he is a resident of the North Federal Highway redevelopment area where very high density was also proposed and was defeated. He felt that any density increase over what is presently allowed anywhere in Delray Beach would be a detriment to the City and would only serve to set a bad precedent for other areas. Mr. Ebner comment- ed that if high density is allowed on West Atlantic Avenue and in the downtown, it will eventually work its way into other neighborhoods and that is something he does not want to see happen. Jean Beer, 2145 S.W. 26th Terrace, stated she felt the provision of the Comprehensive Plan amendment relating to the higher density on West Atlantic Avenue ought to be dropped from the amendment and held until next year, the same as the provi- sions for the Mixed Use land use category. In the meantime, there will be a committee to study density in the downtown which must include West Atlantic Avenue. Mrs. Beer stated this is a major issue that should be studied very closely for the entire City. She endorsed Commissioner Schmidt's suggestion to have a 'visioning' session that anybody in town could come to, put forth the things that are causing problems, get the feedback and then put it all together to come up with something that will be acceptable to all. Alice Finst, 707 Place Tavant, urged the City Commis- sion to pull the West Atlantic Avenue density issue from the Plan amendment. It appeared to her that this is simply a 'devel- oper relief act' designed to get things moving on West Atlan- tic. While everyone wants to see that corridor redeveloped, Mrs. Finst cautioned that the density is too high and to approve it would be a mistake that the City will have to live with in the future. Ann Fulton, resident of Delra¥ Beach, stated that she feels all of the redevelopment momentum going on in the City needs to be slowed down a bit. She felt Delray Beach has reached the point where it can be setting the standards. The City is unique and needs to stay unique. Ms. Fulton was very concerned that if the density issue is not watched very closely and kept in check, Delray Beach will start looking like some of the other South Florida towns. -18- 10/19/99 Rodney Romano, 824 North Lakeside Drive, Lake Worth, with offices at The Rectory, 14 South Swinton Avenue, stated he believes the density ordinance that was passed last February needs an overhaul. It allows, by right, 30 units per acre and by conditional use, no limit. He felt it is this vagueness that has caused a great deal of the disharmony surrounding the Block 77 project. Mr. Romano stated that if the City must give a number to the Department of Community Affairs in order to satis- fy the requirements, it should be a low number (possibly 40 or 45 units per acre) until there has been the opportunity to readdress that ordinance. He expressed concern that the pro- posed amendment, if it is not pulled or modified severely, would create a back door for Block 77. Mr. Romano urged the Commis- sion to stick with the formula that has made Delray Beach suc- cessful (that formula being an old-Florida, hometown community that has the amenities of a medium size city but the character of a small town), rather than embrace the so-called 'new urban- ization' and try to make Delray look like Boca Raton or Fort Lauderdale. Since the City Commission has stated its intent to proceed with a $60,000 study of the Central Business District to help with deciding what is desirable and necessary in terms of density, clustering, height, traffic impact and the like, Mr. Romano felt it would be inappropriate to go forward with the high density without knowing what is wanted. He concluded by stating that if the City goes with such a high density on West Atlantic Avenue, there is a real potential for displacing or crowding out a number of people who have been longtime residents and walling off the rest who live behind those properties. He urged the City Commission to either pull the amendment or go with a much lower density if a number has to be assigned. John Bennett, 137 Seabreeze Avenue, stated that he opposes the portion of the Comprehensive Plan Amendment which would establish a maximum density of 85 units per acre, procedur- ally because he felt it would be 'backdooring' something without discussion that affects the entire city by changing the face of the city on one of our major thoroughfares. More substantively than procedurally, Mr. Bennett opposed the increased density as it would be contrary to the small town aura enjoyed by Delray Beach and the reason people come to our downtown area. He noted that the Comprehensive Plan sets forth the goal to maintain Delray Beach's uniqueness as a city set apart. Further, the proposal is not in keeping with the vision that the residents have for the area. Mr. Bennett urged the Commission to pull this portion of the amendment and then talk to the people about what they want to see in their community. Athalone Brailford, 345 N.W. 3rd Avenue, stated she was born and raised in Delray Beach and has watched the city grow for over sixty years. It is a beautiful city and she does not like the idea of high rises out along West Atlantic Avenue. She did not feel it would do anything to enhance the City, only detract from it. Isabelle Brenner, 666 Lakewood Circle East, stated she came from New York City to live in Delray Beach. One of the nice things about Delray is that there is still a little bit of room. Over the past few years the downtown has become a very enjoyable place to visit and she would be opposed to seeing high density allowed along the Atlantic Avenue corridor. At this point, Mayor Alperin stated that Chris Brown, Executive Director of the CRA, had requested that the public hearing be continued so that he could address the City Commis- sion at the next meeting. Mayor Alperin further stated that he was under the impression that the West Atlantic corridor was interested in going with the higher density. Since the CRA was the group that brought it to the Commission, he would be inter- ested to hear the logic behind it. The City Manager referred to the West Atlantic Avenue Redevelopment Plan that was adopted back in 1995. In the com- ments about height limits, it says, "Existing LDR height limits for the redevelopment area allow a maximum height of 35 feet for structures in residential zoning districts and 48 feet in non- residential districts. Per the LDRs, increases up to a maximum of 60 feet can be approved on parcels located between N.W. 1st Street and S.W. 1st Street within the redevelopment area with a conditional use. Participants in the Visions West Atlantic charrette stated a desire for a pedestrian-friendly commercial area consisting primarily of one and two story structures. The preferences of Visions and the findings of the charrette recom- mended that the maximum height permitted in the overlay district be reduced. The GC district height limit of 48 feet will be maintained in the overlay district." The City Manager commented that this eliminated the possibility of going to 60 feet, saying that 48 feet was the most that would be allowed. The Manager continued that under the Redevelopment Plan's Architectural Design Guidelines for building styles and scale, it reads, "Buildings should be consistent with the stated desire of Visions West Atlantic for a pedestrian-oriented shop- ping area. The following characteristics will be emphasized: first floor retail or service uses, with office or residential uses above; traditional storefront structure; four story, 48 ft. maximum height with a preference for two to four stories." The City Manager noted this has been in the Redevelopment Plan since its adoption in 1995 and that is why staff made the proposals that they did. At this point, Diane Dominguez, Director of Planning and Zoning, clarified that the request for the increased density came from the Community Redevelopment Agency. At the original meeting back before the amendment was transmitted, there was representation from the West Atlantic Redevelopment Coalition in support of the proposal, particularly as it related to initia- tives for Block 36 and the redevelopment of that area. Ms. Dominguez explained that when the amendment was originally -20- 10/19/99 transmitted, it just said that the density could go beyond 12 units to the acre through the conditional use process and it would be subject to similar performance standards as were adopt- ed for the Central Business District where criteria would have to be met before the density could be increased. A top number was not proposed. When the amendment came back from DCA, they asked that a number be specified. During discussion by the City Commission, Mr. Wright commented that he did not think the people involved in the Visions West Atlantic charrette had any idea that the density number that would be proposed would be 85 units to the acre. Mr. Randolph stated he did not see any need to contin- ue the hearing in order to hear from the CRA. He felt it was clear that the residents of the West Atlantic Avenue corridor had not been listened to or paid attention to, and he took exception with that. The proposed density of 85 units to the acre is simply too intense for the area. Mrs. Archer moved to continue the public hearing on Ordinance No. 14-99 (Comprehensive Plan Amendment 99-1) to the date certain of November 2, 1999, at 7:00 p.m., to allow for more input from the public and the CRA on the density proposal. The motion died for lack of a second. At this point, Mayor Alperin declared the public hearing closed. Discussion by the Commission followed. Mr. Schmidt expressed his concern about the transforma- tion he has seen between what happened at the charrette and what is now being proposed to happen on West Atlantic Avenue. Unfor- tunately, the State is telling us that we have to pick a limit on the density. When the amendment was transmitted, there was no limit and he felt that was done in sensitivity to the issue of trying to keep a lower density on West Atlantic. He comment- ed that the Commission has decided that 30 units an acre is good enough for downtown Atlantic Avenue east of Swinton and he did not see any reason to do differently for West Atlantic, at least until there has been the opportunity to have the evaluation of the CBD. Mr. Schmidt moved to approve Ordinance No. 14-99 on Second and FINAL Reading, with a change to page 3 of Comprehen- sive Plan Amendment 99-1 specifically dealing with the General Commercial Future Land Use Description to change the last sen- tence to read: "Residential density is limited to a maximum of 12 dwelling units per acre, except within the West Atlantic Avenue Redevelopment Area Overlay where the density may exceed 12 units per acre, up to a maximum of 30 units per acre subject to conditional use approval." Mr. Randolph seconded the motion. -21- 10/19/99 Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 38-99: A~n ordinance rezoning the Delray Oaks Preserve site from POC (Planned Office Center) to OS (Open Space) District. The subject property is located at the north- west corner of Congress Avenue and S.W. 29th Street, and con- tains 25 acres. 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. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 38-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN THE OS (OPEN SPACE) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS THE DELRAY OAKS PRESERVE SITE LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND S.W. 29TH STREET, AS MORE PARTICU- LARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this item would be conducted as a quasi-judicial hearing. The City Clerk swore in those individuals wishing to give testimony on Ordinance No. 38-99. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the Planning and Zoning Board recommended of this rezoning. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 38-99 on Second and FINAL Reading, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. -22- 10/19/99 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. In response to the prior inquiry about a fence permit at Rainberry Lake, the City Manager stated that the permit application was submitted on Friday, August 27, 1999. Since it involved a change of materials for the fence, the application was routed to Planning and Zoning. The P&Z Department approved the application on Thursday, September 16th. The file was routed to the Fire Department and approved on September 24th. The Plan Review staff approved the application on September 28th, and the permit was issued to the customer on Monday, October 4, 1999. Any application that is submitted for commer- cial or multi-family development over four (4) units which involves a change-out of existing improvements is automatically routed to the Planning and Zoning Department for possible site plan modification requirements or SPRAB approval requirements. During the month of September, the workload for both Planning and Zoning and Community Improvement was substantial. The Planning Department was short-staffed and the staff person handling permits was doing two jobs. The turnaround time on this permit was related to the volume of permit activity experi- enced during this period. The City Manager stated that staff is reviewing the procedure to see if there is some way to reduce the amount of time required, as it was certainly more than what is aimed for on turnaround time for permits. ll.B. From the Public. ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, commended the City Commission for its efforts in trying to get the billboard situa- tion cleaned up somewhat. However, when Causeway Lumber came in to re-establish its business, they were asked by the City to please do something about their billboard. They indicated their contract was about up and when it was finished, they would take the billboard down. Mrs. Beer noted that the contract apparent- ly ran out and Causeway Lumber then started using the billboard for its personal sign. Now that company has left and somebody else is coming in. Mrs. Beer asked why the City, through its sign code, cannot get rid of some of these billboards? She feels they are an eyesore and the City should negotiate some type of arrangement to get rid of them when another business comes in for that site. ll.B.2. Bernie Burkoff, Rainberry Lake, commented that some of the trees planted by the City along Lake Ida Road were damaged by Hurricane Irene. He asked if the City will take care of the maintenance necessary for removal and replacement, or does the development have to take care of those trees? -23- ~0/19/99 In response, the City Manager stated that the City will probably not do too much with the trees on Lake Ida Road because of the impending widening. We would first want to see how they will be affected by that project. In other locations where the trees are on the right-of-way and have been planted by the City, the City does maintain them and will budget funds to replace the ones that have been badly damaged or brought over. 11.B.3. Frank Devine, Executive Director of the Beach Property Owners Association, commented that after several meetings on the Sandoway Park restrooms the end result has been an assurance of protective landscaping and one minor design modification which is very much in line with the suggestions of the beach resi- dents. Mr. Devine expressed his appreciation for the considera- tion and partial accommodation that the BPOA's views received. Concerning the bridgetender's cabin on the Linton Boulevard bridge, Mr. Devine stated that Mr. Krejcarek, the City Engineer, informed him that architectural renderings will be ready for review in November, 1999. Arrangements are being made for the people who presented the signed petition to the City Commission to be able to look at those renderings and the op- tions. They all feel this is very responsive on the part of the Commission to their petition. Mr. Devine again expressed his appreciation for the fact that the BPOA members do see a re- sponse to their expressed views. Concerning the recent public debate which arose over possible changes in the provision of emergency services by the Fire Department to the local community, Mr. Devine stated the BPOA's view is that the City was totally correct in reviewing the existing procedure. But then, in view of the sense of public alarm that developed, they also feel the City was right in setting the matter aside for the moment. This was an example of official responsiveness to public sentiment, and this is something the BPOA is always in favor of. Lastly, Mr. Devine spoke briefly about our "Village by the Sea". Two weeks ago this was discussed by the City Commis- sion and some people pointed out that with 53,000 inhabitants, Delray Beach does not really qualify any longer as a village. Others said that growth is inevitable and we have to be realis- tic and accept the reality that there are new patterns of urban growth in today's world. Other people made the point that they would not like Delray Beach to become a metropolis. The BPOA feels there is a very special mystique that should not be done away with. It is part of the flavor and the charm, even the sales appeal that the City has and the beach residents hope that as growth and development take place, it be done on a selective basis. 11.B.4. Louis Martinez, 506 Southridqe Road, speaking on behalf of the residents of Southridge Road, stated that this area has not had the benefit of any progressive changes such as -24- 10/19/99 paving and upgrading the road. He urged the Commission to push for the redevelopment of the area as much as possible because the road is in very bad shape and looks unsightly as do some of the other roads in this southwest area of the City. ll.B.5. Santalicio Martinez, 506 Southridqe Road, reiterated his son's concerns about the condition of the Southridge Road area. He stated he has come before the Commission on prior occasions to ask for help with this situation and nothing has happened. The road needs fixing, more streetlights are needed, and the area needs to be cleaned up. ll.B.6. Alice Finst, 707 Place Tavant, spoke concerning the Marine Way garage on Lake Ida Road. She asked the Commission to consider this as a future workshop item to discuss it and other buildings where there are excessive fines. While she does not know exactly what is going on with the property, the appearance continues to deteriorate. She would like the Commission to review this site and other properties that are in the same predicament. Mrs. Finst continued that she is a member of the Atlantic High School SAC (School Advisory Committee). There seems to be some concern about the opening of the new athletic building which the City, School Board and County jointly got together to build. There seems to be confusion as to what needs to be done to get that building open. One of the problems is that purchase orders were not honored, which Mrs. Finst noted is not a City Commission problem. There are some other stories floating around about whether or not to have a traffic light. The Principal's concern, which she asked Mrs. Finst to bring to the Commission, is the need for a sidewalk that connects the traffic lights so that the students can walk from the parking lot and from the building up to a traffic light and then cross at a crosswalk. The traffic situation at the high school is very bad. Mrs. Finst asked that the City look into putting in a sidewalk even if it is not the City's responsibility to do so. She also asked if some Police officers could be assigned out there in the morning to get some kind of handle on the traffic. She felt the City is obligated to the students to come up with some plan to make this a safe area because right now it is not safe. Mrs. Finst urged the City Commission to invest in a sidewalk at the very least. ll.B.7. John Bennett, 137 Seabreeze Avenue, spoke in support of the comments made by Mrs. Finst. He felt there needs to be a sidewalk connecting the parking lots with the traffic signals and crosswalks. As far as the Police are concerned to help with the traffic situation, Mr. Bennett pointed out that West Palm Beach provided Police officers for traffic control during the school opening and closing times at his daughter's school up there before she transferred to Atlantic High. -25- 10/19/99 There being no one else from the audience who wished to address the Commission, the public comments portion of the agenda was closed. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. The City Manager complimented the staff on their excellent response to the hurricane. Staff has trained on handling these situations and everybody knew what they needed to do and did it. In looking at some of the problems our neighbor- ing communities had, the Manager commented that the investment the City has made in drainage improvements over the last ten years made a big difference. Not that all of the problems are solved but, comparatively speaking, Delray Beach weathered the storm in pretty good shape. In response to Commissioner Randolph's comments at the last meeting, the City Manager stated that a letter has been written to the Florida Department of Transportation requesting a study on a left turn signal at SW/NW 12th Avenue and Atlantic Avenue. While a response has not yet been received, it is expected they will go ahead and do the study as requested. In response to Commissioner Randolph's inquiry about hurricane shutters at Auburn Trace, the City Manager stated the project was built before there was a requirement in the code for shutters. The City's participation was to help get a HUD grant to help fund the project. The City does not have any legal ability to mandate hurricane protection unless the windows are changed out and new ones installed, which is really up to the owner. 13.B. City Attorney. The City Attorney acknowledged the great job done by Public Works in the aftermath of the storm. 13.C. City Commission. 13.C.1. Mayor Alperin commented that the contracts for Block 77 are going to be submitted in time to be considered at the Commission's next regular meeting on November 2, 1999. He suggested that this item be scheduled for 7:00 p.m. on that date as a public hearing so the citizens will have the opportunity to express their comments and opinions on the matter. Mayor Alpe- rin suggested that the applicants be given an hour to make their presentation and then open it up to the public. The Commission concurred to hold a public hearing on the Block 77 development proposal at 7:00 p.m. on November 2, 1999, to allow as much public input as possible. However, it was felt that a thirty (30) minute presentation by the appli- -26- 10/19/99 cants would be sufficient and that the public comments would be held to the three minutes per person rule. 13.C.2. Commissioner Scb_midt complimented Joe Safford and the staff for dealing with Hurricane Irene. Mr. Safford was in the unenviable position of being .Acting City Manager over that weekend, and he did an outstanding job of keeping the Commission informed and up to date on what had happened as a result of the storm. 13.C.3. Commissioner Archer had no comments or inquiries. 13.C.4. Commissioner Wriqht had no comments or inquiries. 13.C.5. Commissioner Randolph had no comments or inquiries. There being no further business for consideration, Mayor Alperin declared the meeting adjourned at 8:30 p.m. ~ city (~lerk ' ATTEST: '~gAn~C The ' ' ity Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission held on October 19, 1999, which minutes were formally approved and adopted by the City Commission on ~0~~ ~ /~ City C~erk NOTE TO READER: If the minutes you have received are not com- pleted 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. 10/19/99