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11-16-99 NOVEMBER 16, 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, Was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, November 16, 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 with 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.H., Appoint- ment of Outside Counsel, to the regular agenda by addendum. The City Attorney stated that with respect to Item 8.A., Ratification of Collective Bargaining Agreement/NCF&O, Local 1227 (White Collar Unit), there is a change to Article 32 (Grievance Procedure), Section 1.a., in that the reference to part-time is deleted. With respect to Item 8.B., Extension and Amendment to Contract For Sale and Purchase Between the City and Rennet, the City Attorney noted the information had been provided on the request for additional monies in the contract. Further, with respect to Item 8.J., Report of Appealable Land Use Items, the City Attorney stated that an appeal has been received concerning the Historic Preservation Board's approval of a Certificate of Appropriateness regarding the Castle Florida and Dittman/Federspiel Buildings located on the south side of Martin Luther King, Jr. Drive between Swinton Avenue and N.W. 1st Avenue. Mr. Schmidt moved to approve the agenda as amended, 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. 5. Approval of Minutes: Mr. Schmidt moved to approve the Minutes of the Regu- lar Meeting of November 2, 1999, seconded by Mrs. Archer. 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. 6. Proclamations: 6.A. Recoqniz{nq and commendinq Dave Ga.qnon and Ronnie Rosen for their response to a life-threateninq emergency. Mayor A1perin read and presented a proclamation recog- nizing and commending Dave Gagnon and Ronnie Rosen for their willingness and ability to respond to a life-threatening emergen- cy situation at the Tennis Center on October 7, 1999. Ms. Rosen and Mr. Gagnon came forward to accept the proclamation. Fire Chief Rehr commented that this was yet another example of our citizens acting quickly in time of emergency which ultimately makes the job of Fire-Rescue a bit easier. By immediately starting the life-saving actions, Ms. Rosen and Mr. Gagnon were instrumental in saving a life. 7. Presentations: 7.A. Presentation of 1999 Long Drive Contest Trophy to Commissioner Patricia Archer. Sandra Eriksson, with great pleasure on behalf of Dubin & Associates and the staff at the Delray Beach Municipal Golf Course, presented the 1999 Long Drive Contest Trophy to Commissioner Patricia Archer for her winning drive of 147 yards. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/NCF&O, LOCAL 1227 (WHITE COLLAR UNIT): Ratify and approve the Collec- tive Bargaining Agreement between the City and the National Conference of Firemen and Oilers (NCF&O), Local 1227 (White Collar Unit), effective upon ratification and continuing in effect until September 30, 2000. 8.B. EXTENSION AND AMENDMENT TO CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY AND RENNER: Approve an extension and amendment to the Contract for Sale and Purchase between the City and Mr. & Mrs. Rennet concerning the City's acquisition of property located at 114 N.W. 2nd Avenue for additional tennis courts. -2- 11/16/99 8.C. FINAL PLAT APPROVAL/CONGRESS AT ATLANTIC PARCEL: Approve the final subdivision plat for 'Congress at Atlantic Parcel', a two parcel subdivision located at the southwest corner of West Atlantic Avenue and Congress Avenue. 8.D. TEMPORARY BANK FACILITY FOR REPUBLIC SECURITY BANK (NORTHWEST CORNER OF N.E. 6TH AVENUE & N.E. 2ND STREET): Ap- prove a temporary use permit for the placement of a modular building at 202 N.E. 6th Avenue to allow a temporary bank facili- ty for Republic Security Bank, based upon positive findings and subject to conditions. 8.E. HOLD HARMLESS AGREEMENT/CANOPY AT CITY OYSTER: Ap- prove a Hold Harmless Agreement associated with the installation of a canopy at City Oyster located at 213 East Atlantic Avenue (north side of Atlantic Avenue between Pineapple Grove Way/N.E. 2nd Avenue and the FEC Railroad. 8.F. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR FUND- ING OF THE POMPEY PARK BALLFIELDS/PHASE I: Approve an interlo- cal agreement between the City and Palm Beach County that pro- vides for grant funding in the amount of $200,000 from the County for the Pompey Park Ballfields/Phase I project. 8.G. GRANT APPLICATION FOR COMMUNITY EMERGENCY RESPONSE TEAM (CERT) EDUCATION: Authorize submitting an application to the State of Florida, Department of Community Affairs, Emergency Management Preparedness and Assistance Trust Fund for grant funding in the amount of $20,000 to continue the Community Emergency Response Team training program. No matching funds are required. 8.H. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify the appointment of various representatives to the Kids and Cops Committee for two year terms ending November 30, 2001. 8.I. RESOLUTION NO. 75-99: Approve a resolution assessing costs for abatement action required to remove nuisances on seventeen (17) properties throughout the City. The caption of Resolution No. 75-99 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 LAND(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 -3- 11/16/99 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. 75-99 is on file in the City Clerk's office.) 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 1st through November 12, 1999. 8.K. GRANT APPLICATION FOR GLOBAL POSITIONING SATELLITE (GPS) UNITS: Authorize submitting an application to the State of Florida, Department of Community Affairs, Emergency Manage- ment Preparedness and Assistance Trust Fund for grant funding in the amount of $20,000 to fund the purchase of two global posi- tioning satellite units which will be used to generate accurate geographical information to disaster response teams. No match- ing funds are required. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Grant award through the State Housing Initiatives Partnership (SHIP) program in the amount of $14,795.00 to Abisset Corporation for rehabilita- tion of an owner occupied single family housing unit at 334 N.W. 3rd Avenue, with funding from 118-1924-554-49.19 (SHIP/ Housing Rehabilitation). 2. Bid award at an estimated annual cost of $16,500.00 to Blackwell's Tractor Services as primary contractor and to Walcott and Son as the secondary (backup) contractor for Code Enforce- ment nuisance abatements (lot clearing and mow- ing), with funding from 001-2741-524-34.30 (Code Enforcement - Lot Mowing/Clearing) from FY 2000 budget. 3. Contract award in the amount of $73,872.30 to Randolph & Dewdney Construction, Inc. for con- struction of the restroom facilities at Sandoway Park, with funding from 117-4170-572-63.80 (Recre- ation Impact Fee - Sandoway Park Restrooms) . 4. Purchase award in the amount of $21,755.00 to Audio Intelligence Devices for the purchase and installation of a pole camera surveillance system that will be used for undercover operations and various other sections in the Police Department, with funding from 115-2116-521-64.90 (1998 Local Law Enforcement Block Grant - Other Machinery & Equipment). -4- 11/16/99 5. Purchase award in the amount of $14,283.00 to Comark Government & Education Sales, via Florida State contract, for the purchase of 27 Sierra Wireless Aircard Modems for Police Department communication with dispatchers, with funding from 334-6111-519-64.29 (COPS More 98 Grant). 6. Bid award to Callaway Concrete Company, via joint bid with City of Boynton Beach, for the annual ready-mix concrete contract at an estimated annual cost of $72,900.00, with funding from 001-3113-541-53.90 (Streets Maintenance/Other Road Materials) and various capital project accounts. 7. Bid award in the estimated annual amount of $74,902.00 for annual contracts with multiple vendors (Hardrives, Community Asphalt, Allied Trucking, Austin Tupler, and D.So Eakins) for various road construction materials, with funding from Streets Division and Construction Division FY 2000 operating budgets and capital project accounts. 8. Purchase award to BetzDearborn for the purchase of anionic polymer (approximately 4,250 pounds or eighty-five 50 lb. bags at $2.79 per pound) for an estimated total cost of $11,857.50 for the contract period October 1, 1999 through September 30, 2000, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). 9. Purchase award in the amount of $10,720.00 to Hydro Pumps for the purchase of a replacement pump and motor for Raw Water Well, Number 26, with funding from 442-5178-536-61.76 (W&S Renewal & Replacement/Equipment Replacement Program). 10. Purchase award in the amount of $20,035.00 to Data Flow Systems, Inc., sole source provider, for the purchase of equipment necessary to com- plete five (5) telemetry control radios at five sites within the 20 Series Wellfield, with fund- ing from 441-5122-536-64.90 (Water Treatment & Storage - Other Machinery/Equipment), 11. Contract renewal with Metro Service Consultants, Inc., via City of Melbourne bid, for maintenance of 875 fire hydrants at a unit cost of $57.50, for an estimated annual cost of $50,312.50, with funding from 441-5123-536-34.90 (Water Distribu- tion - Other Contractual Services). -5- 11/16/99 12. Purchase award to Commercial Chemical Products, sole source provider based upon delivery require- ments, for the annual purchase of sodium hypo- chlorite-bulk delivery for 23,000 gallons at a total cost of $19,550.00 for the contract period October 1, 1999 through September 30, 2000, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). 8.M. GRANT APPLICATION FOR OPERATION WEED AND SEED: Author- ize submitting an official recognition application to the Depart- ment of Justice, Executive Office for Weed and Seed, that, if ap- proved, would afford the City the opportunity to apply for grant funding, preference in receiving discretionary resources from participating federal agencies, and priority for participating in federally sponsored training and technical assistance. Mr. Randolph moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. 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. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/JET SKI STATION: Consider a request for conditional use approval to allow the indoor sales and service of personal watercraft in the GC (General Commer- cial) zoning district for Jet Ski Station. The subject property is located at the southwest corner of S.E. 5th Avenue (south- bound Federal Highway) and S.E. 7th Street. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She explained that what had happened was the Planning and Zoning Board held a public hearing on October 18, 1999, on the conditional use request to allow jet ski sales and service at the proposed location on South Federal Highway. The applicant was unable to attend that meeting due to a scheduling conflict and sent anoth- er party to represent him. Some concerns were raised by members of the Marine Patrol about the potential for launching jet skis from Knowles Park, and several residents from the residential neighborhood west of the site expressed concern about the poten- tial noise impact from jet skis being revved up during the repair process. Since the applicant was not present, he was not 6 11/16/99 able to address these issues and his agent did not know as much about the details of the business. The Planning and Zoning Board ended up voting to recommend denial of the conditional use application. The applicant then asked for reconsideration by the Planning and Zoning Board so that he could be present to answer questions, but the Board was reluctant to do so because it could have set a precedent. The Planning and Zoning Board felt that it's vote was a recommendation and the applicant would have another opportunity to be heard at the City Commissi6n level. Michael Starace, applicant, addressed the two main issues that came up at the Planning and Zoning Board hearing and that could not be addressed by his agent. The first had to do with the use of Knowles Park for testing the jet skis. Mr. Starace stated that he would not be using Knowles Park primarily because of the saltwater. He continued that roughly 90% of his business is the sale of accessories and parts, so the emphasis is not on servicing or repair of jet skis. The second issue that was raised was a concern about noise. Mr. Starace did not feel this would be a problem since the jet skis really can't be run without water. The following individuals spoke in opposition to the conditional use application: Phil Wotton, 707 S.E. 4th Avenue, stated that the proposed business is directly east of his residence on 7th Avenue and his major concern is about the noise that will be generated by the business. The location is adjacent to a resi- dential community and he felt it would be an inappropriate use. Gary Wolf, 725 S.E. 4th Avenue, expressed concern about the impact of the noise on the adjacent residential neigh- borhood. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Wright asked the applicant how the jet skis are tested once they are repaired? Mr. Starace stated that if he had a rebuild significant enough to require water testing, he would take the jet ski to Lake Ida which is fresh water. Howev- er, he reiterated that the majority of his business is the retail sale of accessories and parts. With respect to any repair work that might be done, Mr. Starace noted that the jet skis have mufflers and resonators and they are made to conform to the decibel level set by the Coast Guard. On question from Mr. Randolph, Mr. Starace stated that when water is put into the pipe it quietens the jet skis up tremendously. A hose might be another way to address that situation, but he did not feel it would be necessary since he does not plan to be outside revving the skis up anyway. 7 11/16/99 The City Manager presented Resolution No. 73-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER AND EXCHANGE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACTS STATING THE TERMS AND CONDITIONS FOR THE TRANSFER AND EXCHANGE BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY (CRA), THE CITY OF DELRAY BEACH, FLORIDA, AND BLOCK 77. (The official copy of Resolution No. 73-99 is on file in the City Clerk's office.) The City Attorney stated that this is essentially a housekeeping item to comply with the Code of Ordinances regard- ing publication of a resolution containing all of the Block 77 contract terms which were approved at the November 2, 1999, City Commission meeting. Mr. Schmidt moved to approve Resolution No. 73-99, seconded by Mr. Wright. 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. 9.D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz on the Avenue scheduled for December 9, 1999, including temporary use permits and street closures, staff support, use of City equipment, and specified overtime costs. Robert A. Barcinski, Assistant City Manager, stated that the staff recommendation is for approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $7,000 for overtime costs with any overage to be paid by the Joint Venture. Mr. Barcinski noted that the overtime for the last two Art & Jazz events has been $6,000 and $5,000, respectively, so the cost seems to be fairly consistent except for the 4th of July Art & Jazz. Mrs. Archer moved to approve the special event request for the December 9th Art and Jazz as recommended by staff. The motion was seconded by Mr. Randolph. Upon roll call the Commis- sion 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. 9.E. CONTRACT AWARD FOR THE TENNIS CENTER: Consider approv- al of a contract award for the Phase IV improvements to the Tennis Center. 9 11/16/99 Mr. Schmidt noted that the staff had recommended approval subject to the conditions of no outdoor display, no outside storage and no outside service. He asked the applicant if he had any problems with meeting those conditions? Mr. Starace stated he had no problems with the recommended condi- tions of approval. Upon further discussion, Diane Dominguez brought up the matter of the hours of operation for the business. The original recommendation was for the hours to be limited to 9:00 a.m. and 6:00 p.m., Monday through Friday. The applicant would like to be able to operate on Saturdays as well. Mr. Wright moved to approve the conditional use re- quest for the sales and service of personal watercraft for Jet Ski Station, based upon positive findings with respect to Chap- ter 3 (Performance Standards) and Section 2.4.5(E) (5) (Required Findings) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the following condi- tions: (1) That a site plan modification be submitted which addresses Land Development Regulations noted in the staff report; (2) That the hours of operation for the business operation be limited to 9:00 a.m. until 6:00 p.m., Monday through Saturday; and (3) That there shall be no outdoor display, storage or service of personal watercraft. The motion was seconded 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.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD AC- TION: Consider an appeal of the Site Plan Review and Appearance Board's action to deny a request to waive the requirement for a sidewalk along the east and south sides of a proposed 3-unit townhouse development (Advanced Builders) located at the north- west corner of Dogwood Drive and Spanish Trail. QUASI-JUDICIAL PROCEEDING Inasmuch as the applicant's representative had not yet arrived at the meeting, it was consensus of the City Commission to defer action on this item until later in the agenda. 9.C. RESOLUTION NO. 73-99: Consider approval of a resolu- tion authorizing the City to transfer and exchange certain real property with the Community Redevelopment Agency to provide for a public parking facility associated with the proposed Block 77 project. s Richard Hasko, Director of Environmental Services, stated that this is a contract addition to the City's existing contract with Republic Construction & Development Corporation for the Police Evidence Storage Building project. It is for the construction of the Phase IV improvements to the Tennis Center which are required for the Citrix Tournament to be held in February 2000. The total amount of the contract addition is $354,392.00 and is the result of negotiations with three contrac- tors with current contracts with the City. Because of the time constraints on this project there was not sufficient time to go out for competitive bids as normally would be done, particularly on a project of this magnitude, in that the facility has to be complete and ready for play by February 18, 2000. The scope of the project includes the reconstruction of the stadium court to a hard surface court, the resurfacing of courts 1 through 4 on the north side of the stadium as well as an upgrade on the lighting to television specifications on the northwesternmost court, and the construction of the two new tennis courts on the parcels on the north side of the existing retention area with all of the appurtenant fencing, screening, landscaping and lighting. Mrs. Archer moved to approve the contract addition with Republic Construction & Development Corporation in the amount of $354,392.00 for the Phase IV improvements to the Tennis Center. The motion was seconded by Mr. Schmidt. 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.F. RESOLUTION NO. 74-99: Consider approval of a resolu- tion supporting a legislative initiative to reform the Municipal Revenue Sharing Program and the Municipal Financial Assistance Trust Fund. The City Manager presented Resolution No. 74-99: A RESOLUTION OF THE COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING A LEGISLATIVE INITIATIVE TO REFORM THE MUNICI- PAL REVENUE SHARING PROGRAM AND THE MUNICI- PAL FINANCIAL ASSISTANCE TRUST FUND. (The official copy of Resolution No. 74-99 is on file in the City Clerk's office.) The City Manager stated that the Florida League of Cities is asking for support in their efforts to reform these two sources of revenue sharing for the City. They have both been impacted by the decline in cigarette tax revenues and it is anticipated that these revenues will continue to decline. The League of Cities is asking the State to replace the cigarette tax as a primary dedicated funding source with a reliable and stable revenue source providing adequate growth to enhance -10- 11/16/99 municipal governments' ability to meet the needs of their commu- nities. Mr. Randolph moved to approve Resolution No. 74-99, seconded by Mrs. Archer. 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.G. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three members to the Kids and Cops Committee for two year terms ending November 30, 2001. The appointments will be made by Commissioner Archer (Other Representation), Commissioner Wright (Citizen at Large), and Commissioner Randolph 'Other Representa- tion). Commissioner Archer moved to reappoint Jennifer Buce to the Kids and Cops Committee (Other Representation category) for a two year term ending November 30, 2001. The motion was 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. Commissioner Wright moved to reappoint Grant A. Ed- wards to the Kids and Cops Committee (Citizen at Large category) for a two year term ending November 30, 2001. The motion was 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. Commissioner Randolph moved to reappoint Kara Kenny Scales to the Kids and Cops Committee (Other Representation category) for a two year term ending November 30, 2001. The motion was seconded by Mr. Wright. Upon roll call the Commis- sion 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. 9.H. APPOINTMENT OF OUTSIDE COUNSEL: Consider approval of the appointment of outside counsel as recommended by the City Attorney. (BY ADDENDUM) Mrs. Archer moved to approve the appointment of out- side counsel to represent the City and Police Officers as out- lined in the City Attorney's memorandum dated November 16, 1999. The motion was seconded by Mr. Schmidt. 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. At this point, the time being 6:40 p.m., the City Commission moved to Item 12, First Readings, on the agenda. -11- 11/16/99 12. FIRST READINGS: 12.A. ORDINANCE NO. 48-99 (REZONING ASSOCIATED WITH TENNIS CENTER EXPANSION): An ordinance rezoning two properties located on the west side of N.W. 2nd Avenue, approximately 400 feet south of Martin Luther King, Jr. Drive (N.W. 2nd Street) from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate the expansion of the Tennis Center. If passed, a quasi-judicial public hearing will be scheduled for December 7, 1999. The City Manager presented Ordinance No. 48-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING THE SOUTH 52 FEET OF LOT 14 AND ALL OF LOT 15, BLOCK 43, TOWN OF DELRAY, LOCATED ON THE WEST SIDE OF N.W. 2ND AVENUE, APPROXI- MATELY 400 FEET SOUTH OF MARTIN LUTHER KING, JR. DRIVE (N.W. 2ND 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. 48-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 48-99 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. In response to the previous comments addressing the condition of Southridge Road in the area west of S.W. 4th Avenue where the roadway remains unpaved, the City Manager noted that with the changes to the Comprehensive Plan scheduled for adop- tion this evening staff can move forward with improvements to the street. Southridge Road is currently on the list of unpaved roads that is included in the bond proposal that has been pre- sented to the City Commission. It (the bond proposal) should come back to the Commission in December. The total program is -12- 11/16/99 currently estimated at $12.6 million and will take care of these unpaved streets. The program will take two to three years to complete. Staff will be able to outline the recommended phasing at the December meeting, but it is expected that the unpaved streets will be in the first phase. In response to the concern expressed about street lighting on Southridge Road, the City Manager stated that a request for Southridge Road street lighting was submitted to Florida Power & Light on July 7, 1999. They were to conduct a survey and get back to us. When staff checked on the matter, FP&L had not yet done anything but they are now supposed to have gotten started. Concerning the comment made about the need for the sidewalk up by Atlantic High School, the City Manager reported that the Engineering Division is currently doing the survey and design work to get that sidewalk constructed so that students at Atlantic can cross at the traffic light and come down to the new athletic facility building. Concerning the prior comments about the blue metal building on Lake Ida Road, the City Manager stated there are currently two active cases with Code Enforcement Board activi- ty. One is for construction work performed without obtaining the proper permits and on April 14, 1998, a lien was recorded in the amount of $1,715.00. On March 9, 1999, another lien was recorded in the amount of $3,280.00. The fines continue to accrue at $10.00 per day. There is a second violation for parking on an unpaved surface. It has not been given approval for parking by the City Engineer. On August 24, 1999, a lien was recorded in the amount of $11,175.00 and the fine is continu- ing to accrue at $50.00 per day. Florida statutes provide that after three months from the filing of liens which remain unpaid, the Enforcement Board may authorize the local governing body attorney to foreclose the lien. The lien which was filed on August 24th will be ripe for foreclosure on November 24, 1999. The Code Enforcement Board does not have authority in and of itself to foreclose. The Board's only authority with respect to lien foreclosure is to authorize the local governing body's attorney to foreclose. Since the lien itself runs in favor of the City, the City Attorney would need to examine the feasibili- ty of foreclosure on the property in question. In response to the concern expressed about the need for additional Police traffic control around Atlantic High School, the City Manager stated that Major Schroeder reports that traffic is very high around the high school for a period of approximately 20 minutes prior to school and 20 minutes after dismissal. The Police Department routinely has an officer in the area during these times although their attention is not solely with traffic. Due to the concerns raised, an officer will be assigned to specifically focus on traffic issues at Atlantic High School during these time periods. -13- 11/16/99 11.B. From the Public. 11.B.1. Bob DesJean, 910 Banyan Drive and President of Tropic Isle Homeowners Association, commented on three items of concern to the residents of Tropic Isle. First, relating to vegetative waste pickup, Mr. DesJean stated there are several Tropic Isle residents who are having a problem with the ordinance in that they do their own lawns and yard work on the weekends. If they put the yard trash out on the weekend, they are subject to fines because yard waste is not picked up in the neighborhood until Wednesday. This is an area of concern inasmuch as the residents cannot take Tuesdays off work and cannot put the yard trash out after 5:00 p.m. on Tuesday nights. Second, Mr. DesJean stated he had received many tele- phone calls after Halloween that the street lighting in the subdivision is inadequate. Many parents are very concerned, especially now that there are many families with young children living in Tropic Isle. He asked that this be looked into to see what upgrades might be appropriate. Lastly, Mr. DesJean commented on the poor condition of McCleary Street. He stated there are substantial sinkholes around the manhole covers and the road is generally in terrible condition and in need of attention. Mr. DesJean invited staff to drive the street to see firsthand what the condition is. 11.B.2. Beatrice Tyson, 1435 S.W. 3rd Street, representinq the Sunshine Homeowners Association, expressed the thanks and appre- ciation of the homeowners for the ongoing help and support received from the City. Just this past weekend, everyone came out and assisted the neighbors with cleaning up the community garden. Ms. Tyson especially acknowledged the support received from the City Manager and from Lula Butler, Director of Communi- ty Improvement, as well as Winston Hudson, Vincent Vasquez, Tard McCoy and the Police Department. 11.B.3. Henry Willliams, resident on N.W. 3rd Avenue, ex- pressed concern about the condition of the roadwork that was recently done in the area of N.W. 3rd Avenue and N.W. 3rd Street. There are holes in the roadway that need to be fixed. Mr. Williams stated he had taken one of the City Commissioners out to look at the problems and he would appreciate it if the City would send out an inspector or somebody to determine that the work is unacceptable. ll.B.4. John Bennett, 137 Seabreeze Avenue, addressed the Commission concerning the City's lack of observance of the Veterans Day holiday on November llth. He expressed concern that the City, as a matter of public policy, does not celebrate Veterans Day and that it is business as usual in Delray Beach on the day that has been set aside to honor all of the men and women who fought and died so that the rest of us could live in peace in a free country. Mr. Bennett asked that the City please -14- 11/16/99 recognize Veterans Day and submitted for the record a copy of the poem "Tommy" by Rudyard Kipling, a copy of which is attached hereto and made a part of the minutes. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. In response to Commissioner Archer's prior inquiry about the installation of the new water meters, the City Manager noted there were really two complaints. The first was that the individuals doing the work were causing more problems than they needed to because there were additional repairs needed after they left. As of October 22nd, the contractor had replaced about 14,000 out of the 18,000 meters and there were only a handful of complaints. The replacement of the meters has not been the problem. In this particular case the problems have been with the condition of the connections and lines. In some cases there has been some very old equipment which has broken at the slightest touch. When this has happened, City crews have had to go back and repair those lines that connect to the meter and at times it has involved a significant repair job that takes a little bit of time to schedule. This has not been the fault of the contractor. The second question raised had to do with whether the crews had appropriate credentials. Many of the crew members being used by the contractor are Guatemalans. One of the City's Spanish-speaking employees was assigned to these crews to coordinate the work effort and respond to any customer comments in the field. The contractor's employees are required to supply both a social security card and a driver's license or another form of identification in order to receive a paycheck. The City is satisfied that they have complied with all of the immigration laws. Overall, staff has been very pleased with the performance of the contractor. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt had no comments or inquiries. 13.C.2. Commissioner Archer commented that with respect to the installation of the new water meters, she has heard repeated complaints that the water pressure has gone down in the area of N.W. 3rd Avenue and N.W. 3rd Street. She noted that under public comments, Mr. Williams spoke about a washout situation of some sort on the roads there caused by either water from above or she is concerned that it might be caused by water from be- low. Commissioner Archer asked if there was any way of finding out if there is a leak in this area and that it be checked out. 13.C.3. Commissioner Wright had no comments or inquiries. -15- 11/1 /99 13.C.4. Commissioner Randolph commented that he had gone out with Mr. Williams to the N.W. 3rd Street/N.W. 3rd Avenue area to take a look at the conditions. To the casual observer the roadway looks fine, but with Mr. Williams' expertise he easily pointed out some areas that do need to be addressed. One of the concerns Mr. Randolph had was that some of the grates for the drainage were in grass, but Mr. Williams explained that some municipalities do permit this and Delray Beach is one of them. As for the hole Mr. Williams talked about, it appeared to Mr. Randolph that the base was not stable enough to hold the asphalt and it was crumbling. One of the other things Mr. Williams pointed out was that if you look at the coloration of the road- way itself, you can almost spot where there are imperfections. The imperfections that Mr. Williams pointed out are apparently where hot and cold asphalt was attempted to be compressed togeth- er and at those points it did seem to have some openings. With water hitting these over a period of years, it could cause some severe problems. Mr. Randolph also asked that staff take a look at the situation to make sure we got the work that was contract- ed for on this project. At this point, the time being 6:53 p.m., Mayor Alperin declared a recess until 7:00 p.m. at which time the Public Hearings would commence. Mayor Alperin reconvened the meeting at 7:00 p.m. and the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 45-99: An ordinance amending LDR Sec- tion 4.4.15, "Planned Office Center (POC) District" Subsection 4.4.15(D), "Conditional Uses and Structures Allowed", to provide for 'Restaurants, excluding drive-in and drive-through facili- ties' as a conditional use in the POC zone district. 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. 45-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT", SUBSECTION 4.4.15(D), "CONDITION- AL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR 'RESTAURANTS, EXCLUDING DRIVE-IN i~ND DRIVE-THROUGH FACILI- TIES' AS A CONDITIONAL USE IN THE POC ZONE DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-99 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. Speaking from the audience was the following: Jim Kniqht, 740 Havana Drive, Boca Raton, inquiried as to the meaning of the repealer clause? The City Attorney responded that anything that is contradictory to the ordinance is repealed. There being no one else who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 45-99 on Second and FINAL Reading, seconded 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. 10.B. ORDINANCE NO. 31-99 (SECOND READING/ADOPTION HEAR- ING): An ordinance adopting Comprehensive Plan Amendment 99-2. The City Manager presented Ordinance No. 31-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 99-2 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 99-2" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-99 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 Comprehen- sive Plan Amendment 99-2 generally focuses on updating the work -17- 11/16/99 program in the Comprehensive Plan, updating the status of vari- ous objectives and policies, corrections and general housekeep- ing, and amendments to the Future Land Use Map. There are five (5) land use amendments which relate to the Southridge Redevelop- ment Plan, applying land use designations to reflect the exist- ing uses. There are modifications to the map series in the Comprehensive Plan to include changes in the City's boundaries relating to recent annexations as well as modifications to the Residential Neighborhood Categorization Map in the Housing Element to clarify the boundaries between the downtown commer- cial and adjacent stable residential neighborhoods. Comprehen- sive Plan Amendment 99-2 also includes minor changes to the Street Network Map to reflect current improvement schedules and revisions to ultimate right-of-way widths. Mr. Dorling continued that the Planning and Zoning Board considered Comprehensive Plan Amendment 99-2 on August 16, 1999, and recommended approval. At first reading and transmit- tal hearing before the City Commission on August 17, 1999, the amendment was forwarded to the Department of Community Affairs (DCA) for review. Upon conclusion of that review, DCA returned the amendment with no comment. 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. 31-99 on Second and FINAL Reading, seconded by Mrs. Archer. 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. 43-99 (REZONING FOR BORTON MOTORS): An ordinance rezoning a parcel of land (Lots 37 & 38, Delray Beach Estates) from GC (General Commercial) District to AC (Automotive Commercial) District. The subject property is located on the east side of North Federal Highway, immediately north of the Borton Volvo/Volkswagen dealerships. 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-JUDI- CIAL HEARING The City Manager presented Ordinance No. 43-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOTS 37 AND 38, DELRAY BEACH ESTATES, LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY IMMEDIATELY NORTH OF THE BORTON VOLVO/ VOLKSWAGEN DEALERSHIPS, AS MORE PARTICULARLY 11/16/99 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. 43-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated that this item would be conducted as a quasi-judicial public hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. 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. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She noted that the Planning and Zoning Board considered the rezoning at a public hearing on October 18, 1999, and voted unanimously to recommend that it be approved. Roqer Saberson, attorney representinq the applicant, stated that he and his client were present and available to answer any questions the Commission might want to ask. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 43-99 on Second and FINAL Reading, 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 Alpe- rin - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 47-99 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending LDR Sections 4.4.24(B) (9) and 4.4.24(F) (1) by adding Lots 19 through 24, inclusive, Block 69, to the list of lots in the Old School Square Historic Arts District {OSSHAD) that may be developed pursuant to certain stan- dards of the Central Business District. If passed, a second public hearing (quasi-judicial) will be scheduled for December 7, 1999. The City Manager presented Ordinance No. 47-99: 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 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT -19- 11/16/99 (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" AND SUBSECTION , 4.4.24(F), "DEVELOPMENT STANDARDS", TO ADD LOTS 19 THROUGH 24, INCLUSIVE, BLOCK 69, TO THE LIST OF LOTS WITHIN THE OSSHAD ZONING DISTRICT THAT MAY HAVE THE SAME PRINCIPAL USES AS THE CENTRAL BUSINESS DISTRICT AND THAT MAY BE DEVELOPED PURSUANT TO THE STAN- DARDS OF THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She stated the ordinance is before the City Commission for a first reading and first public hearing. There will be a second public hearing and a quasi-judicial hearing on December 7, 1999. Although this is a text amendment, which is typically a legislative action, because it pertains to several lots only, in the utmost of caution, the hearing at second reading will be quasi-judicial. Diane Dominguez, Director of Planning and Zoning, stated that staff will make their presentation at the quasi-judi- cial hearing. Michael Weiner, representinq the applicant, requested that the Commission proceed with accepting public testimony and that he be allowed three minutes at the conclusion of the hear- ing. 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. Speaking from the audience were the following: Irwin Rockoff, 743 N.W. 23rd Lane, stated he was opposed to the proposed text amendment because he views it as an "end run" around the issue of high density housing in the down- town area. Mr. Rockoff urged the City Commission to table action on the proposed ordinance pending a review of the project with the developer or anyone else bent on altering the character of the City's downtown. He felt that enough opposition to the Block 77 project had been demonstrated to warrant reconsidera- tion by the City Commission. Fred Ebner, 710 Bond Way, stated that he felt the proposed ordinance was a prime example of the precedent that is being set to change the character of Delray's downtown to high -20- 11/16/99 density. He expressed his strong opposition to the text amend- ment. Rodney Romano, representinq the Hunt/Sundy House, 106 South Swlnton Avenue, stated that the parking garage proposed for the Block 69 is way out of character and scale with the OSSHAD zoning district. The fact that some parts of OSSHAD are allowed to have CBD uses, mostly along Atlantic Avenue or in higher activity areas, does not make the proposed action right. Many people have taken great care to work closely with the City to preserve and protect historic properties. For the City Commission to now take action to exclude the lots in Block 69 and apply commercial standards is not fair. It is not in keep- ing with the Comprehensive Plan and it is way out of character, scale and density for the OSSHAD zoning district. Rich McGloin, Board Member for the Downtown Merchants & Business Association, spoke in favor of the proposed text amendment. He stated that the business and property owners in Pineapple Grove are very much in favor of the Block 77 project and want the City Commission to keep it moving forward. Thomas Scott, on behalf of Siemon & Larsen, the law firm representinq Dharma ProDerties, Ltd. at 14 South Swinton Avenue, asked that the text amendment not be passed this evening for the reasons outlined in the letter that was distributed to the Planning and Zoning Board at its November 15, 1999 meeting. Mr. Scott submitted a copy of the letter for the record (a copy of which is attached and made a part of these minutes), and stated it is his firm's opinion that the matter should be consid- ered as a quasi-judicial matter at tonight's meeting. The proposed text amendment is a privately initiated change which has a narrow application and, therefore, should be quasi-judi- cial. Ann Fulton, 1124 Vista Del Mar, read into the record the following excerpt from Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", of the City's Land Development Regulations, Subsection 4.4.24(A), "Purpose and Intent": "The purpose and intent of the Old School Square Historic Arts Dis- trict is a mixed use district which is intended to (1) provide for mixed uses of residential, office and commercial activities, with an emphasis on the arts, that will encourage the restora- tion or preservation of historic structures and yet maintain and enhance the historic and pedestrian scale of the area; (2) stimulate greater awareness and pride in the City's architectur- al heritage and create an atmosphere and feeling of "Old Delray Beach"; (3) improve the environmental quality and overall liv- ability of this historic district and stabilize and improve property value therein; and (4) allow uses which promote preser- vation and adaptive reuse of all structures within the dis- trict.'' Ms. Fulton questioned the compatibility of the proposed text amendment which would take a few OSSHAD lots and allow them to be used in accordance with CBD standards. She felt it would -21- 11/16/99 be entirely inappropriate to be able to see a 4-story parking garage from historic Swinton Avenue which the residents and the City fought very hard to keep as a 2-lane, quaint street as opposed to a County collector road. Alice Finst, 707 Place Tavant, urged the City Commis- sion to reject the proposed text amendment as it is just one more aspect of the Block 77 "developer relief act" which is completely out of character with the downtown and the vision for Delray Beach that so many people worked so hard on for so long and finally achieved. Jean Beer, 2145 S.W. 26th Terrace, asked that the City Commission seriously consider not approving the proposed text amendment. The parts of the OSSHAD which already have the provision for CBD standards all contained existing, ongoing businesses when the OSSHAD district was established. Mrs. Beer felt it would not be a good idea to now take several more OSSHAD lots and apply CBD standards for property that was and continues to be vacant. She expressed her opinion that a parking garage will not be compatible with the OSSHAD district purpose to maintain and enhance the pedestrian scale of the area, nor will it be in keeping with the feeling of "Old Delray" and the adja- cent small houses even if they are used as businesses. She is very much in favor of necessary parking in the downtown, but felt there are more appropriate places for a parking garage than in the historic district. Carolyn Patton, 1020 Tamarind Road, expressed her support for the proposed text amendment. She felt it is incum- bent upon the City staff and officials to insure that the pro- posed parking garage as well as the parking lot that is being built across from the Sundy House fit in with the historic district in which they are located. The Block 77 developers have promised to do whatever the City requires in terms of fitting in with the historic parameters and making the facade compatible with the area. Carolyn Zimmerman, 212 S.W. 2nd Avenue, questioned the need for a parking garage in a historic district when people have worked so hard to maintain and preserve the quaintness and character of Delray Beach. Fred Love, 315 N.W. 18th Street, expressed concern about the potential damage to the character of Delray Beach which he felt would be brought about by the Block 77 project through waiver of density and height restrictions. As for the parking aspect, Mr. Love felt that parking could be provided elsewhere if the City were not so tied in with the Block 77 proposal. Gerald DeFoe, 142 Mockingbird Lane in Country Manors, commented on the uniqueness of Delray's downtown which has come to be recognized on both a national and international scale. He -22- 11/16/99 felt that the construction of a parking garage in a historic district such as is proposed would not only set a precedent likely to come back and haunt the City, but would also ruin the prestige of downtown Delray Beach. Rena Foley, 629 Eldorado Lane, commented that many, many man hours and planning went into preserving this historic district and to change that vision at this point would likely have serious repercussions. The concept of stewardship is something that many people in Delray Beach have taken to heart through their participation and input. She felt that parking is needed in the downtown and may be necessary in the historic district. However, the scale and intensity of any proposed parking should be made to conform with the historic district standards. John Bennett, 137 Seabreeze Avenue, stated that regard- less of the desirability of a downtown parking garage, the proposed LDR text amendments are simply bad zoning procedure at this time for two reasons. The first is that the amendment covers more land than the applicants own or even plan to use for the garage so it will allow CBD-type uses on the other lots and a 48 foot height. Mr. Bennett stated that the applicant, at last night's Planning and Zoning Board meeting, advocated commer- cial development along the corridors perpendicular to Atlantic Avenue. This would be fine, provided it is commercial develop- ment that is compatible with and appropriate in terms of size and use with the historic district rather than all CBD uses. The second reason this is bad zoning practice is that the second reading for the text amendment is scheduled well before the project is up for approval. If the Block 77 project is not approved, the garage goes away and the City is stuck with six lots with the wrong kind of zoning classification. Mr. Bennett felt it would be much easier to postpone consideration of the text amendment until after the conditional use hearings. He further stated the amendments would set a precedent by allowing new uses in an area where they were not allowed before, and are simply inconsistent with the purpose and intent of the OSSHAD zoning district. Michael Weiner, attorney representinq the applicant, stated that the staff recommended approval of the text amend- ment, as did the Planning and Zoning Board and the Historic Preservation Board. Mr. Weiner stated the applicant deserves the opportunity to proceed to a quasi-judicial hearing in order to respond to some of the comments and testimony given tonight and to once again prove that this is good zoning policy. There being no one else from the audience who wished to speak on this item, the public hearing was closed. Mr. Schmidt posed the following question to staff: If the applicant's contract with the Community Redevelopment Agency is contingent on them going through the conditional use approval -23- 11/16/99 process and getting the number of units that they want, why is the subject text amendment being processed now as opposed to waiting to see if they go ahead with the contract? If the Commission goes ahead with the text amendment and assuming it gets approved on second reading, and if for some reason the applicant does not go forward with the contract, then the City will have this CBD-zoned property in the OSSHAD that we may not want to have. In response, Diane Dominguez, Director of Planning and Zoning, stated that it has been very difficult to separate these issues because the text amendment has been generated along with the development proposal for Block 77. However, the Commis- sion's vote should really be based on whether or not the CBD setbacks, the height and the uses are appropriate for this property within Block 69. Also, the schedule for the condition- al use application changed because of revisions to the develop- ment proposal. Staff was trying to treat the two items as separate issues, but the Commission could change that if they saw fit to do so. Mr. Randolph stated he would prefer to reserve most of his comments until the second reading and quasi-judicial hearing at the next meeting. Over the years he has been a very strong advocate of a parking facility in Delray Beach, but he did not anticipate it coming to an offer of a so-called "free" parking garage that has been the cause of so much controversy in the City. In view of this and some other concerns, Mr. Randolph stated he would not support the text amendment at this time. However, it it were to move on to the quasi-judicial hearing, he would continue to keep an open mind and give both sides of the argument their due. Mr. Schmidt moved to approve Ordinance No. 47-99 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - No. Said motion passed with a 3 to 2 vote. 10.E. ORDINANCE NO. 46-99 (DESIGNATING FELLOWSHIP HALL AT FIRST PRESBYTERIAN CHURCH AS LOCAL HISTORIC SITE): An ordinance designating the Fellowship Hall of the First Presbyterian Church of Delray Beach (Lots 16, 17, 18 & 19, Block 3, Ocean Park Subdivision) as a local historic site and adding it to the Local Register of Historic Places. 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. 46-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE FELLOWSHIP HALL OF THE FIRST PRESBYTERI- AN CHURCH OF DELRAY BEACH LOCATED AT 36 BRONSON STREET, AS MORE PARTICULARLY DE- SCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-99 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. 46-99 on Second and FINAL Reading, seconded by Mr. Randolph. 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. 10.F. ORDINANCE NO. 44-99: An ordinance amending LDR Sec- tion 4.4.19, "Mixed Industrial and Commercial (MIC) District", Subsection 4.4.19(D), "Conditional Uses and Structures Allowed", by deleting subparagraph 4.4.19(D) (1) (c) and by adding a new subparagraph 4.4.19(D) (2) (f) to allow 'Towing Services with outside storage' as a conditional use in the MIC zone district. 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. 44-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMER- CIAL (MIC) DISTRICT", SUBSECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING SUBPARA- GRAPH 4.4.19(D)(1)(c) AND BY ADDING A NEW SUBPARAGRAPH 4.4.19(D)(2)(f) TO ALLOW 'TOW- ING SERVICES WITH OUTSIDE STORAGE' AS A CONDITIONAL USE IN THE MIC ZONE DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -25- 11/16/99 (The official copy of Ordinance No. 44-99 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. Randolph moved to approve Ordinance No. 44-99 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. At this time, the Commission returned to Item 9.B. on the regular agenda. 9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD AC- TION: Consider an appeal of the Site Plan Review and Appearance Board's action to deny a request to waive the requirement for a sidewalk along the east and south sides of a proposed 3-unit townhouse development (Advanced Builders) located at the north- west corner of Dogwood Drive and Spanish Trail. QUASI-JUDICIAL PROCEEDING 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. Diane Dominguez, Director of Planning and Zoning, stated that the applicant was still not present at the meeting. Mayor Alperin asked for a consensus from the Commission on whether or not to address the item without the representative. It was the consensus of the Commission to proceed with the hearing inasmuch as a letter from the applicant's representative outlining the relief sought and the basis for same was already included in the record for this item. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated the project consists of the construction of a two-story 3-unit fee simple townhouse development in the Tropic Isle neighborhood. The code requires that sidewalks be installed with all new development, but there is also a waiver provision which states that when sidewalks would not really serve their intended pur- pose, the requirement can be waived. This has been done in -26- 11/16/99 areas where there is no existing sidewalks with which to link the new sidewalk. Staff reviewed this aspect and recommended that the sidewalk requirement be waived, subject to the execu- tion of a sidewalk deferral agreement to provide that the side- walks will be installed by the applicant when determined by the City to be necessary. Ms. Dominguez noted that in this particu- lar neighborhood there are pieces of sidewalks in different locations, none of which are close to the proposed development. People who walk in this residential neighborhood tend to walk in the street and it is unlikely they would leave the street to walk on this short section of sidewalk. The Site Plan Review and Appearance Board felt that the amount of pedestrian traffic in the area warranted a sidewalk and that the installation of a sidewalk in this area might encourage other property owners to install sidewalks in front of their properties. SPRAB voted 5 to 0 to deny the sidewalk waiver. The applicant chose to appeal that decision based on the contents of the letter from Beril Kruger, the applicant's representative, dated October 27, 1999. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Upon question from Mayor Alperin, Ms. Dominguez stated there are no other sidewalks in either direction on Spanish Trail and Dogwood Drive within a house or two or three from the proposed development. Mr. Wright moved to approve the waiver request subject to the condition of executing an agreement acceptable to the City Attorney's office that provides that the sidewalks will be installed by the applicant when determined to be necessary by the City. The motion was 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. There being no further business, Mayor Alperin de- clared the meeting adjourned at 8:10 p.m. ATTEST: The undersigned is the City 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 November 16, 1999, -27- 11/16/99 which minutes ~ere foumally approved and adopted by the City Commission on ._f'f~72~/~/7 7~ /999 ~citY- C~rk --- · 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. -28- 11/16/99 TOK .Y ][ went into a public-'ouse to get a pint o' be~, ~e publish 'e up ~' s~ '~e se~e no red~oa~ h~e." ~e ~fls be'ind ~e bar ~ la~hed ~' ~ggied fit to ~g I ou~ into ~e s~eet a~in an' to myseff ~ I: O it's Tommy ~is, an' Tmmy ~at, an' "Tommy, go am~'; But it's "~ank you, Mist~ Atkins,' whm ~e b~ds be~s to pl~ ~e b~d beans to play, my bo~, ~e band begins to play, O it's "~ank you, Mgter A~ins," when ~e ~d beans to phy. I went into a fim~e ~ sob~ as could be, ~ey gave a drank civilian room, but 'adn't none for mg ~ sent me to fie galle~ or round ~e music-'alb, But when it comes to fightin', Lordl th~'ll shove me in ~e s~llsl For it's Tommy ~is, ~' Tommy that, an' "Tommy, wait outside"; But it's "Spechl ~in for Atkins" when the trooper's on the O it's "Spec~ ~n for A~m" when ~e ~ooper's on ~e tide. Y~, m~in' m~k o' unifoms ~at ~ard you while you sle~ Is chea~er than ~em unifoms, an' they're stamafion ~' hustlin' drunken soldiers when th~'re goin' hrge a bit Is five ~ beret business ~ ~radin' in full kit. ~m it's Tommy fiis, an' Tommy ~at, an' "Tmmy, '~s y~ soul?" But it's '~in red line of 'eroes" when ~e drams be~n to ~e drams begin to roll, my boys, ~e drams be~n to roll O it's "~in red ~e of 'eros" when ~e drums begin to rog. We aren't no ~in red 'er~s, nor we aren't no b~ck~& too, But single men in baffic~, most remarkable like you; ~' ff somefim~ our conduck ~n't all your fan~ pain~, ~y, single men in ba~cks don't ~ow into plaster saint; ~ile it's Tommy ~is, an' Tommy ~at, an' "Tommy, hll be'ind," But it's "Pl~se to wa~ in ~ont, sir," when there's ~ouble in ~e wind~ ~ere's .~ouble in ~e ~nd, my boys, ~ere's ~ouble in &e ~nd, 0 it's "Pl~e W ~ ~ bonb sir," when ~ere's ~ouble ~ ~e ~d. tions ' _, ~'~ cook-room ~_ y~ rational. ' this, an' ~- cr'~an s d;-~ ~S, an ~ n t e ns · out, ~ ~, ommy that .~.~ _be~n to · ~o, you ~t ~a~2~ you ' ~mmy SIEMON & LARSEN Mizner Park 435 Plaza Real, Suite 339, Boca Raton, Florida 33432 Telephone (561) 368-3808 - Facsimile (561) 368-4008 E-MAIL - slmboca@gate.net November 15, 1999 By Hand Delivery_ Chairman Robin Bird and Members of the Planning and Zoning Board City of Dekay Beach 100 N.W. First Avenue Delray Beach, Florida 33444 Dear Chairman Bird and Members of the Planning and Zoning Board: On behalf of Dharma Properties, Ltd., the owner of certain properties which are located in the immediate vicinity of the proposed Block 77 Development, we respectfully request that the Planning and Zoning Board table or otherwise defer the proposed "text amendments" which have been noticed for public hearing on November 15, 1999. There are several important ~easons why the matter should not be decided on November 15, 1999. First, the so-called "text amendment" is apparently to be considered as a legislative matter. While it is mae that the action is in the form of an amendment to the City's Land Development Regulations, the action is in substance a developer request for a site specific rezoning which in our opinion should be considered as a quasi-judicial m.a,.er. In Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993), the Suprdme Court~oT the State of Florida held that zoning actions which affect individual interests are not legislative acts. It is the character of the heating that determines whether or not board action is legislative or quasi-judicial. Generally speaking, legislative action results in the formulation of a general rule of policy, whereas judicial action results in the application of a general rule of policy. Id at. 474. We are quite confident that a court of competent jurisdiction would fred that the character of the proposed text amendment does not involve the formulation of a general nde of policy, but instead involves individual interests: [R]ezoning actions which have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from Chairman Robin Bird and Members of the Planning November 15, 1999 Page 2 distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application, rather than policy setting, are in the nature of... quasi- judicial action .... Even a casual review of the circumstances of the proposed text amendments makes it clear that the amendments are being considered at the request of the Block 77 developer. The Historic Preservation Board Staff Report states that the proposed amendment is "privately initiated." The request has been made by the agent for Worthing Place mixed use project. The changes are necessary to accommodate the construction of a 3-story parking garage on Block 69. The Staff Report further notes that "the main reason for requesting the amendment is to allow for the construction of a parking garage that will allow a combination of public parking and parking for the GRIP building. This garage will be constructed by the developers of the Worthing Place apartment project .... "In other words, it seems plain to us that the proposed amendment was initiated by a developer so that a particular development can be carded out, affects "a limited number of persons or property owners" and does not involve the formulation of policy of general application. The second reason why the matter should not be acted upon on November 15 is the potential implications of the amendment. On its face, the amendment purports to involve a simple matter which does not implicate any matters of substance or policy. On closer inspection, however, we believe that the amendment is not consistent with the City's Comprehensive Plan and could undermine the integrity of the City's historic district regulations. In their report, the City's staffrefers to two policies in the Comprehensive Plan as a basis for their conclusion that the amendment is consistent with the Comprehensive Plan. We do not think that either policy supports that conclusion. The fn'st policy, Future Land Use Element C-3.2 relates to the Old School Square Project and "improved public parking and/or a linkage between Old School Square and governmental facilities to the west." Obviously the proposed amendment has nothing to do with creating a linkage and we do not believe that it has anything to do with improved public parking for the Old School Square Project. The parking which is proposed is to replace two existing parking lots which the developer of Block 77 wishes to develop, together with an additional 44 "public" spaces. Our analysis of the supposed net gain of 44 spaces indicates that the impact of the Block 77 project on the City's net parking inventory in the Old School Square area may in fact be a net reduction. That is so because we think the proposed retail floor area is significantly under parked. Our recent experience in a lot of Florida downtowns indicates that retail/restaurant uses in a Chairman Robin Bird and Members of the Planning November 15, 1999 Page 3 successful downtown generate an actual parking demand of between 7 and 12.5 spaces per thousand square feet. If these demand figures prove tree in downtown De[ray, then the 18,000 square feet of retail is under parked by at least 72 spaces. In addition, as we understand the developer's proposal, off-street parking will be provided for the residential units at the rate of 1.75 spaces per unit. We generally support reduced parking requirements as an incentive for downtown residential development, however, our experience is that the parking provided is inadequate to meet actual parking requirements with the result that additional, non-project parking equal to .25 spaces per unit is required to meet actual demand. If downtown De[ray continues to be the attractive and successful place it has become and the proposed development is supported by the market, we expect that the project will create actual parking demand for an additional 54 spaces that will assume will have to be satisfied by the Block 69 garage. Apparently the developer agrees with this observation because in a statement of compliance with the performance standards for conditional uses the developer says: "An enclosed parking garage is provided for the majority of the required parking .... "In other words, if downtown Delray continues to be a successful place and the proposed project is bulk and is itself successful, the demand/supply parking ratio for the downtown could be exacerbated with a net deficit of as many as 82 spaces. The second policy, Future Land Use Element, Policy C-4.1, relates to encouraging rehabilitation and revitalization and, according to staff, "incentives for locating retail on the ground floor with office and residential uses on upper floors, accommodating parking needs through innovative actions, incentives for mixed use development and rehabilitation and elimination of side yard setback requirements. To be generous about, it the proposed text amendment has nothing to do with the cited policies. The text amendment is needed not to incentivize vertically mixed use, it is needed to' support a residential density three times the permitted density. Furthermore, there is nothing innovative abOut replacing surface parking lots with structured parking as a part of downtown redevelopment. Moreover, a decision to approve the amendment so that the Block 77 development can proceed is inconsistent with the City's Comprehensive Plan in that we do not understand how the mass, scale and character of a 92 unit per acre development can possible be reconciled with the mandate of the Community Redevelopment Plan and the Comprehensive Plan: The redevelopment strategy for this area shall be to increase the overall intensity of the downtown. New development and redevelopment projects shall be structured to increase both daytime and nighttime activity within the area, but shall be appropriately designed and strategically located to maintain the "village-like" character of the area. Chairman Robin Bird and Members of the Planning November 15, 1999 Page 4 Community Redevelopment Plan, February 3, 1998 at 4.1 Policy C-4.2. A special CBD plan shall be developed jointly by the CRA and the City. It shall address the maximum development which can be accommodated in a competitive market while still retaining the "village like, community by-the-sea" character of the CBD. Comprehensive Plan at FL-35. The proposed Block 77 Development is many things to many people, but one of the things it is not is consistent with a "village like, community by-the-sea" character. In adth'tion, based on the information that has been made available to us, we believe that the proposed action may be inconsistent with Policy A4.1 of the Comprehensive Plan which requires that the Historic Preservation Board make a finding that the "requested action" is consistent with the provisions of Section 4.5.1 of the Land Development Code .... The only document we have been provided does not include such findings. We also think that the City should be cautious in dealing with the proposed amendment because the legal basis for historic preservation regulations relate to the need to strictly protect a particular and distinctive character of buildings and areas and the concept of "reciprocity of advantage." Reciprocity of advantage means that while a particular set of regulations may impose very restrictive limitations on the use of land - including requirements for preservation and maintenance of existing improvements- everyone benefits because all properties in the district are subject to the same limitations. Cf Penn Central Trans. Co. v. City of New York, 438 U. S. 104 (1978). We think that the proposed amendment could be used by other property owners as a basis for arguing that there is no reciprocity of advantage and that the City enforces its historic district restrictions selectively. Our experience is that nothing impeaches the integrity of a restrictive regulatory regime more effectively than the failure of the regulatory authority to strictly comply with the letter and intent of the same program. Here, it will not be difficult for other property owners to argue that importance of the Old School Square Historic District regulations is subordinate to the City and the CRA's own economic and fiscal interests. The third reason why the matter should not be decided on November 15 relates to the principal matter of which the amendment is a part. In our view, the amendment is proposed as a part of the Block 77 development proposal and should not considered separately. If it is the City's judgment to approve Block 77, then and only then should the amendment be considered. We do not see why the amendment should be considered separately unless the outcome of the scheduled public hearings on the requested conditional uses to increase the height and triple the density are a foregone conclusion. Chairman Robin Bird and Members of the Planning November 15, 1999 Page 5 For these reasons, we respectfully request that Planning and Zoning Board table or otherwise continue action on the proposed text amendment until the conditional uses are presented in an appropriate quasi-judicial proceeding. CLS/lmr