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01-20-98 JANUARY 20, 1998 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, January 20, 1998. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt 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 Richard Evans, Abbey Delray South. 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.C.1., Citibank Request for Cold Air Balloon at the Nuveen (Citibank Champions) Tennis Tournament, to the Regular Agenda by addendum. He further noted that an additional application had been provided with respect to Item 9.K., Appointments to the Parking Management Advisory Board. Mr. Schmidt moved to approve the agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Regular Meeting of January 6, 1998, and the Minutes of the Special Meeting of January 13, 1998, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations= 6.A. OF NOTE= In recognition of Susie Simms and her many accomplish- ments and years of dedicated service to the community through the Greater Delray Beach Chamber of Commerce. Mayor Alperin noted the proclamation recognizing Susie Simms, outgoing Chairman of the Board of the Greater Delray Beach Chamber of Commerce. Presentation of the proclamation will be at the Chamber of Commerce Annual Meeting on January 30, 1998, at the Municipal Golf Course Clubhouse. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 9-98 (HB 3291/TELECOMMUNICATIONS RIGHTS-OF-WAY ACT): Adopt a resolution opposing House Bill 3291 regarding fees for use of City rights-of-way by telecommunica- tions companies, including any proposal to place additional restrictions and/or limitations on franchise fees charged by municipalities to for-profit telecommunications providers for said use and permitting such providers to use public lands without seeking additional authority from cities. The caption of Resolution No. 9-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING HOUSE BILL NO. 3291 REGARDING FEES FOR USE OF CITY RIGHTS-OF-WAY BY TELECOMMUNICATIONS COMPA- NIES, INCLUDING ANY PROPOSAL TO PLACE ADDI- TIONAL RESTRICTIONS AND/OR LIMITATIONS ON FRANCHISE FEES CHARGED BY MUNICIPALITIES TO FOR-PROFIT TELECOMMUNICATIONS PROVIDERS FOR SAID USE AND PERMITTING SUCH PROVIDERS TO USE PUBLIC LANDS WITHOUT SEEKING ADDITIONAL AUTHORITY FROM CITIES. (The official copy of Resolution No. 9-98 is on file in the City Clerk's office.) 8.B. SPECIAL EVENT APPROVAL/ 1998 BUD LIGHT PRO/AM BEACH VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing, Inc. for special event approval to allow the 1998 Bud Light Pro/Am Beach Volleyball Tournament to be held at the municipal beach on April 25-26, 1998. 8.C. SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE INTERLOCAL AGREEMENT: Approve a revised version of the interlocal agreement by and among the Cities of Boca Raton, Boynton Beach and Delray Beach to establish the South Palm Beach County Public Safety Communications Cooperative. 8.D. SERVICE AUTHORIZATION ~3/MPAARCHITECTS, INC.: Approve Service Authorization #3 in the amount of $28,000 to MPA Archi- -2- 01/20/98 tects, Inc. for preparation of construction documents and admin- istration for the Leon Weekes Environmental Preserve project, with funding from 117-4169-572-63.40. 8.E. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Ratify the appointments of Nick Maiorana, Assistant Principal at S.D. Spady Elementary School, as the Spady represen- tative and Kellie Carmichael as the Atlantic High School Student Council representative to the Kids and Cops Committee to fill unexpired terms ending April 22, 1998. 8.F. RESOLUTION NO. 8-98: Adopt a resolution assessing costs for abatement action required to remove nuisances on 28 properties throughout the City. The caption of Resolution No. 8-98 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 AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 8-98 is on file in the City Clerk's office.) 8.~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period January 5 through 16, 1998. 8.H. AWARD OF BIDS AND CONTRACTS: 1. Bid award, under State Negotiated Price Agreement #07557, in the amount of $52,408.66 to Automotive Resources, Inc. for mobile vehicle lifting equip- ment for the City Garage, with funding from 334-6111-519-64.25 (General Fund Capital "Garage Lifting Systems"). 2. Purchase award to Sensus Technologies, Inc. for both standard and remote encoder type small water meters via City of Cape Coral bid; with funding on 3 01/20/98 an as needed basis from Water/Sewer Renewal & Replacement (442-5178-536-52.31). Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's decision to deny the Certificate of Appropriateness for the design of a new single family residence at 327 S.E. 7th Avenue in the Marina Historic District. QUASI-JUDICIAL PROCEEDING Inasmuch as the Appellant's representative had not yet arrived at the meeting, the Commission deferred consideration of Item 9.A. until later in the meeting. 9.B. REQUEST FOR WAIVER/REDUCTION OF REZONING FEE FOR PENTECOSTAL CHURCH OF GOD: Consider a request from Reverend St. Louis Mervilus of the Pentecostal Church of God for a waiver or reduction of the application fee for a proposed rezoning within the Silver Terrace redevelopment area. Inasmuch as the applicant had not yet arrived at the meeting, the Commission deferred consideration of Item 9.B. until later in the meeting. 9.C. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 17-19, 1998. Robert A. Barcinski, Assistant City Manager, stated that staff has reviewed the request from the Chamber of Commerce and recommends that it be approved, with some exceptions. These are (1) that the use of City parks be approved with the stipula- tion that the Parks and Recreation Director has input concerning the events proposed on park property; (2) the use of grounds at Old School Square needs to be approved by their Board of Direc- tors and the use of the property (lot) south of Sun Bank needs to be approved by Sun Bank; and (3) that signs per code requirements be approved along with the use of banners, but the use of cold air balloons for advertising be denied. Mr. Barcinski continued that the estimated overtime this year is a little over $26,000. Last year's actual overtime costs were approximately $23,000. Discussion ensued concerning the Chamber's request to split the cost of City staff overtime services 50/50 between the City and the Chamber. Mayor Alperin noted that in past discus- sions the direction has been for them to assume more of the responsibility for the overtime expense. The Delray Affair is a -4- 01/20/98 very successful event financially for the Chamber, and the Mayor felt that some type of formula should be looked at to gradually increase the amount of overtime paid for by the Chamber. After discussion, Mr. Ellingsworth moved to approve the special event request for the Delray Affair as recommended by staff, including denial of cold air balloons, and with overtime expenses not to exceed those of last year ($23,000, with the City's 50% share at $11,500). The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.C.1. CITIBANK REQUEST FOR COLD AIR BALLOON AT T~E ~-UVEEN (CITIBA/qK Ct{AMPIONS) TENNIS TOUP~NAMENT: Consider a request from Citibank Champions, a sponsor of the upcoming Nuveen tournament, for the use of an inflatable cold air balloon at the Tennis Center during the tournament. The City Manager noted that the only difference between this request and the cold air balloon requested by the Chamber for the Delray Affair is that the Nuveen balloon would not be out on the street, but in the center of the tennis complex. Mayor Alperin stated he would not support this request as he felt it would be opening the door for something the Commis- sion has said it does not want to allow in the City. Mr. Egan stated he felt consideration should be given to the request since it more directly affects the City in terms of the tournament's financial impact. The more advertising there is and the more people who get involved will ultimately lower the City's financial responsibility. Mr. Egan moved to approve the request for use of a cold air balloon at the Nuveen tennis tournament in view of the fact that this is the tournament's first year and the City needs it to be successful in terms of advertising and getting corporate sponsorships to support the event. Mr. Schmidt seconded the motion. Upon roll call the Commission voted as follows: Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - No. Said motion FAILED TO PASS by a vote of 3 to 2. 9.D. SETTLEMENT OFFER/GARLANDS V. CITY: Consider approval of a settlement offer in the referenced matter as recommended by the City Attorney. On question from Mr. Schmidt as to the status of the case, the City Attorney stated there is a pending motion by the City for summary judgment. It was scheduled to be heard a few weeks ago, but was postponed by the Plaintiff's attorney due to a death in Mr. Garland's family. -5- 01/20/98 Mr. Schmidt stated he would first like to see what happens with the motion for summary judgment before considering settlement. Mr. Schmidt moved to deny the settlement proposal, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - No; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes. Said motion PASSED with a 3 to 2 vote. 9.E. AMENDMENT TO COCA-COLA CONTRACT ANDAMENDMENT 01 TO NET ASSETS CONTRACT: Consider approval of an amendment to the contract with Coca-Cola Enterprises, Inc. to provide that for the years 1998 and 1999 Coca-Cola will pay directly to Net Assets the monies that were to be paid to the City, unless Net Assets fails to promote the Nuveen tournament in 1998 and 1999, and Amendment #1 to Promotional Sponsorship/Site Agreement between Net Assets, BJCE, Inc. and the City to provide that the monies originally due the City from Coca-Cola will be included in the computations to derive the City's 35% share of net profits. The City Attorney clarified that this item involves two {2) separate agreements. Mr. Schmidt moved to approve the Amendment to the Contract between Coca-Cola Enterprises, Inc. and the City, and Amendment No. 1 to the Promotional Sponsorship/Site Agreement between Net Assets, BJCE, Inc. and the City. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 7-98: Consider approval of a resolution setting a public hearing date of February 17, 1998, at 7:00 p.m. for consideration of the Woods of Southridge Special Assessment District for the improvement of streets within the subdivision. The City Manager presented Resolution No. 7-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING REGARDING THE FINAL CONSIDERATION OF THE WOODS OF SOUTHRIDGE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 7-98 is on file in the City Clerk's office.) Mr. Randolph moved to approve Resolution No. 7-98, seconded by Mr. Egan. Upon roll call the Commission voted as 6 01/20/98 follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.G. RECOMMENDATION ON COUNTY LAND USE AND ZONING CHANGE FOR B/E AEROSPACE PROPERTY: Consider making a recommendation on a proposed Future Land Use Map amendment and zoning change for property located in Palm Beach County's jurisdiction, but adja- cent to the cities of Delray Beach and Boynton Beach. The subject property is a single family home that is located next to the B/E Aerospace facility, between 1-95 and Lake Ida. Mayor Alperin noted that the recommended action is approval of the petition, subject to the following conditions: (1) That the site be limited to existing square footage; (2) that the site be limited to only the proposed uses (office and storage space) with no manufacturing uses; and (3) that the City receive notice of any applications (site plan review or building permit, whichever is applicable) that propose to modify the exterior of the structure. Mr. Randolph moved to approve the recommended action, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.H. CONTRACT ADDITION (C.O. #2)/O'CONNOR & TAYLOR, INC.: Consider approval of an addition to our contract (C.O. #2) with O'Connor & Taylor, Inc. in the amount of $38,218.00 for convert- ing the existing center hard court at the Tennis Center to a subsurface watering system court, with funding from 334-4145-572-63.90 with budget transfer from 334-6112-519-62.10. The City Manager stated this contract addition is to convert the stadium court from a hard court to a clay court. Staff was able to negotiate with O'Connor & Taylor to get them to do it as a simple pass-through without adding any overhead or other costs on to it. Calico Courts is the same company that built the other clay courts at the tennis center. Mr. Egan asked if having concert activities on a clay court would cause any problems? The City Manager stated this would not be a problem. The clay court is over the hard court so if there were a need to take it off and use hard court again, it could be done. Also, the courts have been covered for other events so the plywood is on hand to do that. Mr. Egan moved to approve the contract addition (C.O. #2) in the amount of $38,218.00 with O'Connor & Taylor, Inc., seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -7- 01/20/98 9.I. CLOSE-OUT CHANGE ORDER ~3 AND FINAL PAYMENT/GOLDEN EAGLE ENGINEERING CONTRACTORS, INC.: Consider approval of close-out Change Order #4 in the amount of $18,575.18 and an additional 54 calendar days, together with final payment in the amount of $80,205.52 to Golden Eagle Engineering Contractors, Inc. for the East Atlantic Avenue beautification project, subject to completion of the landscape maintenance item (alternate #1 of the contract) on February 13, 1998. Funding will be from 334-3162-541-61.17 ($17,159.12), 442-5178-536-63.90 ($31,310.40), 448-5411-538-63.39 ($6,645.00), and 334-4141- 572-61.73 ($25,091.00) . Mr. Egan commented that while this was a long, drawn out, and complicated ordeal, the project was successful and East Atlantic Avenue looks great. He then moved to approve close-out Change Order #4 and final payment to Golden Eagle Engineering Contractors for the East Atlantic Avenue beautification project. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.J. RESOLUTION NO. 10-98: Consider approval of a resolu- tion amending Resolution No. 88-97 which established the Parking Management Advisory Board, by amending Section 3 pertaining to membership composition to include a citizen-at-large representa- tive. The City Manager presented Resolution No. 10-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, BY AMEND- ING SECTION 3 PERTAINING TO MEMBERSHIP COMPOSITION TO INCLUDE A CITIZEN-AT-LARGE REPRESENTATIVE; PROVIDING AN EFFECTIVE DATE. (The official Copy of Resolution No. 10-98 is on file in the City Clerk's office.) Mr. Egan moved to approve Resolution No. 10-98, second- ed by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the Planning & Zoning Board, Community Redevelopment Agency and Downtown Development Authority appointees to the Parking Management Advisory Board, and appoint five additional members to the Parking Management Advisory Board. The appoint- ments will be made by Commissioners Schmidt, Egan, Ellingsworth and Randolph, and Mayor Alperin. 8 01/20/98 Mr. Egan moved to ratify the appointment of W. Howard Ellingsworth as the Community Redevelopment Agency appointee, the appointment of Meg Eaton as the Downtown Development Authority appointee, and the appointment of Robin Bird as the Planning and Zoning Board appointee, all to the Parking Management Advisory Board for one year terms ending January 31, 1999. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a vote of 4 to 0, with Mr. Ellingsworth abstaining. Mr. Schmidt moved to appoint Janet Onnen (business owner/operator representing the Old School Square Historic Arts District) to the Parking Management Advisory Board for a two year term ending January 31, 2000. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Mr. Egan moved to appoint Norma Bannoura (business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and Interstate-95) to the Parking Management Advisory Board for a two year term ending January 31, 2000. The motion was seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Ellingsworth moved to appoint Bruce Gimmy (business owner/operator representing the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal Waterway) to the Parking Management Advisory Board for a two year term ending January 31, 2000. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to appoint Monty Helm (business owner/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway) to the Parking Management Advisory Board for a two year term ending January 31, 2000. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated he wished to appoint Marion Knott McIntyre as a citizen-at-large representative to the Parking Management Advisory Board for a one year term ending January 31, 1999. Mr. Ellingsworth so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. -9- 01/20/98 At this point, it was the consensus of the Commission to return to Item 9.A. as the Appellant's representative had arrived at the meeting and was ready to proceed. 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's decision to deny the Certificate of Appropriateness for the design of a new single family residence at 327 S.E. 7th Avenue in the Marina Historic District. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item would 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 into the record the Planning and Zoning Department's project file (COA-329), the City of Delray Beach Design Guide- lines for Historic Places, and a listing of pertinent documents. Ms. Dominguez then introduced Ms. Pat Cayce, Historic Preserva- tion Planner. Pat Cayce, Historic Preservation Planner, stated that the Historic Preservation Board is guided by certain criteria for judging new construction. One of the means used to help an applicant through the process is to have a pre-application review. Unfortunately, such a review did not take place in this instance so there was no opportunity to explain the Board's position to the applicant. Ms. Cayce then presented plans for the proposed Ashby residence, noting that these plans had already been entered into the official record by the Planning Director. Ms. Cayce continued by stating that the subject proper- ty is located within the Marina Historic District. Based on the City's method of calculating square footage, the proposed resi- dence contains 4,399 square feet. This is considerably larger than the other houses on the street. There is a newly construct- ed house at 321 S.E. 7th Avenue (two houses to the north) which contains 3,622 square feet, but still considerably less than what is proposed for the Ashby residence. Ms. Cayce stated that the Historic Preservation Board had looked at this project several times, including reviewing the renderings and landscape plans, but ultimately had been unable to make positive findings. The Board was unable to make positive findings with respect to three of the eleven visual compatibility criteria at Section 4.5.1(E) (8) (b), (d) and (k) of the Land Development Regulations. Because of its size and massing and the proportion of the lot frontage with the width of the building, the Board could not make positive findings with respect to Section 4.5.1(E) (8) (b), Front Facade Proportion. Positive findings could not be made with respect to Section 4.5.1(E) (8) (d), Rhythm of Solids to Voids - 0 /20/9s Front Facades. Despite the varied roof line, the front facade presents a solid, two-story mass. The garage extension to the front creates even more solidity to the impact on the streets- cape. As to the third point at Section 4.5.1(E) (8) (k), Scale of a Building, the balconies and porches which might have mitigated the size and mass of the front facade are all located on the rear and therefore do not contribute to the structure's visual compat- ibility to the streetscape. In conclusion, Ms. Cayce submitted photographs of the existing S.E. 7th Avenue streetscape to give some idea of the scale of the neighborhood. These photographs were entered into the record as City's Exhibit #2. She further stated that in addition to the criteria set forth in the Land Development Regulations, there is also criteria contained within the City of Delray Beach Design Guidelines for Historic Places with which the Historic Preservation Board could not make positive findings. Debora Turner, Chairperson of the Historic Preservation Board, stated that the board tried very hard to find a way to look at the proposed structure so that it could be approved, but in looking at the criteria and the design standards by which the board is bound, the entire board determined that the proposed development did not meet the criteria necessary for approval. The house is not compatible with the rest of the Marina Historic District and the Historic Preservation Board feels it is very important to maintain the integrity of the City's historic districts even when it means making hard decisions. By allowing a structure that clearly does not meet the design guidelines to be built in an historic district would do harm to the historic character of the City as a whole. At this point, Rodney Romano, attorney representing the Appellant, asked numerous questions of Ms. Cayce, the City's Historic Preservation Planner. During his questioning, Mr. Romano entered into the record Appellant's %1, being a colored rendering of the proposed Ashby residence. In his opening, Mr. Romano stated it is his understand- ing that the problem the Historic Preservation Board has with the proposed structure is that, as one looks at it from the street, it is too big and it overpowers the neighborhood. He stated that this may be the case when looking at the drawing that was pre- sented to the Historic Preservation Board. He continued, howev- er, that a three-dimensional drawing of the house has now been made which he contended showed that the house is not at all massive; in fact, it is far less massive than most of the houses on the street. Mr. Romano acknowledged the argument that the three-dimensional drawing should have been presented to the Historic Preservation Board so that they had this information. Unfortunately, the Board had made its decision so the only recourse was to pursue an appeal of that decision to the City Commission. -11- 01/20/98 Mr. Romano further stated that there was one individual who objected to the proposed residence. The owner of the proper- ty that individual lives in has written a letter in support of the proposed development. Mr. Romano distributed a copy of that letter along with another letter from another neighbor supporting the proposal to the Commission members and entered the two letters into the record as Appellant's Composite Exhibit #2. At this time, Mr. Romano called his first witness, Mr. Shane Ames, who is an architect. Shane Ames, architect at 203 Dixie Boulevard, Delray Beach, stated that he is the architect of record and designer of the proposed Ashby residence. Mr. Ames presented a brief expla- nation of the project, utilizing the three-dimensional drawing to show how the massing of the house was brought down in scale and size to create a compatible scale. He expressed his opinion as to how the massing of the house would appear to a person driving or walking by on the street. On question from Mr. Romano, Mr. Ames stated that the three-dimensional drawing represents a fair and accurate depiction of what the house would actually look like from a bird's eye perspective. He further stated that the three-dimensional drawing was not presented to the Historic Preservation Board. In conclusion, Mr. Ames stated his opinion that the size and design of the proposed residence is visually compatible with the size and mass of the Marina Historic Dis- trict. He also described the additional landscaping which had been proposed in an effort to mitigate the Historic Preservation Board's concerns, and answered several additional questions from Mr. Romano in which Mr. Ames stated his professional opinion as a licensed architect concerning the proposed Ashby residence. At this point, the City Attorney advised the City Commission that they could accept or not accept the three-dimen- sional drawing as Appellant's Exhibit #3. It was not presented to the Historic Preservation Board, but if the Commission feels it would assist in making a determination, it may be accepted into the record. Debora Turner, Historic Preservation Chairperson, came forward to state that while the Board did not see the subject three-dimensional drawing, the Board understood where the build- ing was massed. The three-dimensional drawing presents a bird's eye view of the house. The Historic Preservation Board was not worried about a bird's eye perspective; the decision was based on the street elevation. On further discussion, it was the consensus of the Commission to defer a decision on the admissibility of the three-dimensional drawing until later in the deliberations. At this point, Mr. Romano called his second witness, Mr. Bill McDonough, 345 S.E. 7th Avenue, who testified that the proposed Ashby residence would be located next door to his residence on the north side. He has looked at the development -12- 01/20/98 plans and feels the proposed house would be a good neighbor and an asset to the community. In his closing statement, Mr. Romano maintained that the proposed Ashby residence is not an unreasonably massive for the Marina Historic District. He respectfully requested that the City Commission grant the appeal. No one from the audience wished to speak in favor of the appeal. Speaking in opposition to the appeal were the follow- ing: John Johnson, Historic Resources Administrator for the Palm Beach County Regional Office of the Florida Division of Historical Resources and a member of the Historic Preservation Board, expressed his surprise that the Commission would consider admitting new evidence (letters and three-dimensional drawing) that was not part of the Historic Preservation Board's decision- making process. Further, that nothing in the appeal presented by Mr. Romano affected the Board's decision based on the merits. Discussion by the Commission followed. Mayor Alperin stated he felt the Commission's first responsibility is to make a determination on whether the Historic Preservation Board acted appropriately in making its decision. Mr. Egan stated that he felt the Historic Preservation Board did their job based on the information that was presented to them. He did not feel that the evidence and testimony pre- sented as part of the appeal was sufficient to overrule the findings made by the Board. As to the admissibility of the three-dimensional drawing, it was the consensus of the Commission to allow it to be admitted as Appellant's Exhibit #3. Mr. Egan moved to deny the appeal and uphold the decision of the Historic Preservation Board, based upon a failure to make positive findings with respect to Sections 4.5.1(E) (7) and (8) (b), (d) and (k) of the Land Development Regulations. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No. Said motion PASSED with a 3 to 2 vote. At this point, the time being after 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: -13- 01/20/98 10.A. ORDINANCE NO. 6-98: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.23, "Bulk Trash", to provide that bulk trash may be collected on either the first or second refuse collection day. 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. 6-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.23, "BULK TRASH", TO PROVIDE BULK TRASH MAY BE COLLECTED ON EITHER THE FIRST OR SECOND REFUSE COLLECTION DAY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She noted that Item 10.A.I., Amendment No. 4 to Solid Waste and Recycling Collection Franchise Agreement with BFI, is ancillary to consideration of Ordinance No. 6-98. 10.A.1. AMENDMENT NO. 4 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT WITH BFI: Consider approval of Amendment No. 4 to the Solid Waste and Recycling Collection Franchise Agreement with BFI Waste Systems of North America, Inc., (BFI) to allow BFI to change the bulk trash collection day from the first refuse collection day of the week to the second refuse collection day of the week in certain areas of the City. A public hearing was held for Ordinance No. 6-98, 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. Mr. Scott Christensen, President of the Seacrest Homeowners Association, stated that the residents of the Seacrest neighborhood are very concerned that the proposed ordinance is not in the best interests of the neighborhood. He stated that when BFI took over the garbage hauling, there was a change made in the Seacrest neighborhood that directly and adversely affected it by moving the yard waste pick-up from Monday to Thursday. The neighborhood is such that most of the people who live there work in their yards over the weekend, putting out the yard trash for pick-up on Monday morning. Bulk trash was also picked up on Monday. Mr. Christensen stated that the residents feel the change to Thursday was made arbitrarily and has had a negative impact. Garbage pick-up by BFI has been inconsistent throughout -14- 01/20/98 the neighborhood further compounding the problem. He concluded by stating the Seacrest Homeowners Association feels the proposed change is completely adverse to the spirit of the neighborhood plan that is currently under development. Joe Kamarota, representing Tropic Palms Homeowners Association, expressed basically the same concerns as Mr. Chris- tensen about the service provided by BFI. Rich McGloin, 2275 North Swinton Avenue, stated it is his experience that the Code Enforcement division is enforcing the contract with BFI through citing the homeowner and that whole process which is very inefficient. The proposed change should not be made as the Seacrest neighborhood needs the Monday pickup. Debra Dowd, 7 N.E. 16th Court, reiterated that the neighborhood redevelopment plan for the Seacrest area is underway and one of the things that is being looked at is improvements to the swale areas and streetscapes. Ms. Dowd stated that the proposed change in service would be detrimental to this effort. She further stated that since the garbage contract has been with BFI, she feels there has been an overall downgrading in the appearance of the City. Communication has been inadequate and now there is a proposal to change the rules again. Saralyn Buzen, owner of property at 214 North Swinton Avenue and resident at 237 N.E. 14th Street, commented that the rental units in the Seacrest neighborhood are something of an extenuating circumstance. She urged the Commission members to get out and take a close look at what is happening within the neighborhoods. Alice Finst, 707 Place Tavant, requested clarification on how the proposed change would affect different neighborhoods in different parts of the City. She questioned what sort of analysis was done in arriving at the decision to make the change. John Archambo, representing BFI, stated that the change for collection of bulk trash will allow BFI to take one of the trash collection zones and make it a little bit smaller so they can provide better service throughout the entire City. As this affects the Seacrest neighborhood, the bulk trash will be picked up on Thursday along with yard waste. This will help out with respect to the contaminated trash piles where bulk and vegetative are mixed, as is often the case with rental properties, since everything will be picked up on Thursday. Mr. Archambo further stated that if a resident has yard waste on Monday, if it is bagged and containerized, it will be picked up on Monday as well. Steve Butera, resident of the Seacrest neighborhood, explained that some of the rental areas in the neighborhood have high turnover rates where a large amount of bulk items such as used furniture and appliances are just put out by the road and left there. Most people move out over a weekend so this bulk -15- 01/20/98 trash is now going to be sitting there until Thursday and the rest of the residents are the ones who have to look at it for the better part of a week. Mr. Butera stated this is a serious issue among the members of Seacrest Homeowners Association. There being no one else who wished to address the Commission, the public hearing was closed. A lengthy discussion ensued, after which Mr. Egan commented that what he was hearing was that there is a lot of frustration and confusion about the garbage collection service. The City has had the contract with BFI for nearly a year and a half and it seems that everyone is still confused about their schedules and on what days different items are picked up in their neighborhoods. BFI has represented this evening that the pro- posed change will enable them to provide better service to the City's residents. Mr. Egan stated he would be willing to go along with the change, but he wanted a review in a defined period of time. Then have everybody come back, and if the residents are not happy or service has not improved, he felt the Commission should consider revoking the contract or revisiting the whole system. On suggestion from Mr. Schmidt, the City Attorney stated that the amendment to the franchise agreement should probably be changed to provide that the City Manager can rethink it and rescind the approval if it is not working within a given period of time, say 60 to 90 days. She proposed that paragraph 2. of the Amendment #4 to the franchise agreement be modified to include language that says if, within 90 days from the effective date of the amended agreement, the City decides to disapprove the change, then the parties agree that this Amendment #4 shall be null and void and that both parties agree that the ordinance will be changed back to its original form. Mr. Randolph moved to approve Ordinance No. 6-98 on Second and Final Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to approve Amendment ~4 to Solid Waste and Recycling Collection Franchise Agreement Dated August 8, 1996, as amended by the City Attorney. The motion was second- ed by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. 10.B. ORDINANCE NO. 1-98: An ordinance restating and amend- ing Ordinance No. 64-92 and Ordinance 11-96 which comprise the SAD (Special Activities District) zoning ordinance for the Waterford Place/Delint Development of Regional Impact (DRI), by incorporating any existing conditions of the Waterford Place/Delint DRI into the SAD zoning district and establishing -16- 01/20/98 conditions for further development. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RESTATING AND AMENDING ORDINANCE 64-92, AND ORDINANCE 11-96 WHICH COMPRISE THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE FOR THE WATERFORD PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT (DRI); GENERALLY LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND LINDELL BOULEVARD; BY INCORPORATING ANY EXISTING CONDITIONS OF THE WATERFORD PLACE/DELINT DRI INTO THE SAD ZONING DIS- TRICT; ESTABLISHING CONDITIONS FOR FURTHER DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-98 is on file in the City Clerk's office.) 10.B.1. RESOLUTION NO. 6-98: A resolution authorizing the abandonment of the Waterford Place/Delint Development of Regional Impact (DRI), making findings of fact and conclusions of law approving the abandonment of the Waterford Place/Delint DRI, and constituting this resolution as a Development Order by the City of Delray Beach in compliance with law. Prior to consideration of passage of this resolution, a public hearing has been sched- uled to be held at this time. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Jok~ Walker, Project Coordinator, entered the project files for the Waterford/Delint DRI into the record. He summa- rized the history of the development. The project as currently approved consists of 536 apartments, a smaller hotel, and 136,000 square feet of retail development which is the Builders Square building. All of the off-site road improvements that related to the potentially regional impacts have been completed. Therefore, if this project were to be coming before the Commission today, it would not constitute a Development of Regional Impact (DRI). The developer has requested that the City abandon the DRI status of the project. That will be accomplished through the adoption of Resolution No. 6-98. However, in order for the City to maintain control of the approved project through to its completion, Ordinance No. 1-98 proposes to modify the SAD ordinance to include any outstanding conditions from the DRI Resolution. -17- 01/20/98 Hence, all of the approvals, all of the components of the project as well as all of the conditions of approval will be contained within Ordinance No. 1-98 and all of the control will be local with the City, not requiring additional reviews by the State or Regional Planning Council. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Jean Beer, speaking on behalf of P.R.O.D., stated that the organization is ambivalent about the abandonment of the DRI status for the Waterford project. The issue that is of concern to P.R.O.D. is the traffic situation on Linton Boulevard. It has become a major problem, and every one of the roads in and out of the Waterford development has a high accident rate. With more development on this site which is going to happen and more development out west which is also going to happen, the situation is only going to deteriorate and P.R.O.D. feels that the City owes it to the residents to make sure this problem is addressed. Richard Eckerle, resident of Woodlake, urged the Commission to make sure they retain adequate control over this development. There being no one else who wished to address the Commission, the public hearing was closed. On question from Mr. Egan, Mr. Walker stated that the portion of Linton Boulevard east of 1-95 in Delray Beach is widened about as much as it can be; there is not too much more that can be done for capacity in that segment. However, staff will work with Palm Beach County and state planning agencies to try to hold the line on development much further west that is feeding traffic into that segment. As far as the future goes, Mr. Walker felt that the answer would be to try to control development and establish alternative routes west of the City. Relative to 1-95 itself, there is a project to ten-lane the interstate and staff will find out if there is going to be any upgrading of the interchanges, especially at Linton Boulevard, as part of the 1-95 project. Mr. Randolph urged more and better traffic enforcement on Linton Boulevard, especially east of 1-95. He has seen a lot of impatient drivers running the lights in this area and felt that better Police enforcement might help to lower the accident rate. Mr. Ellingsworth moved to approve Ordinance No. 1-98 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. The City Manager presented Resolution No. 6-98: -18- 01/20/98 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ABANDONMENT OF THE WATERFORD PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT (DRI); MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW APPROVING THE ABANDONMENT OF THE WATERFORD PLACE/DELINT DRI, AND CONSTITUTING THIS RESOLUTION AS A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH IN COMPLIANCE WITH LAW; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 6-98 is on file in the City Clerk's office.) Mr. Egan moved to approve Resolution No. 6-98, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 4-98: An ordinance amending Section 4.4.26, "Light Industrial (LI) District", Subsection 4.4.26(H) (3), "Special District Regulations", of the Land Devel- opment Regulations to reduce the minimum floor area allocated per tenant or bay from 4,000 sq.ft, to 2,000 sq.ft, in the LI 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. 4-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, BY AMEND- ING SUBSECTION 4.4.26(H), "SPECIAL DISTRICT REGULATIONS", SUBPARAGRAPH 4.4.26(H) (3), TO REDUCE THE MINIMUM FLOOR AREA ALLOCATED PER TENANT OR BAY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-98 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 compli- ance 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. Alice Finst, 707 Place Tavant, spoke in opposition to Ordinance NOo 4-98. She felt that reducing the minimum floor -19- 01/20/98 area in the Light Industrial zone district would only serve to increase traffic, congestion and the types of debris coming into the City's industrial areas. Further, she did not feel that any need had been demonstrated to justify the proposed amendment. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 4-98 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - No; Mr. Schmidt - No; Mr. Egan - No; Mr. Ellingsworth - No. Said motion FAILED TO PASS by a vote of 5 to 0. 10.D. ORDINANCE NO. 2-98: An ordinance amending the Redevel- opment Plan of the Community Redevelopment Agency as modified. If passed, a public hearing will be scheduled for February 3, 1998. The City Attorney noted that Ordinance No. 2-98 was considered by the City Commission on first reading on January 6, 1998, at which time it was passed unanimously. It was advertised and scheduled for a public hearing at tonight's meeting. Howev- er, it became necessary to make some changes to the document subsequent to it's being advertised. Hence, Ordinance No. 2-98 appears on tonight's agenda as a public hearing item. It is recommended, however, that the ordinance be reconsidered on first reading as modified and that a new public hearing date be sched- uled for February 3, 1998. While the changes to the redevelop- ment plan are relatively minor, proceeding in this manner will insure that the complete and final document is what is advertised and on file for review. The City Manager presented Ordinance No. 2-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICA- TIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360 (6) (7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-98 is on file in the City Clerk's office.) -20- 01/20/98 Mayor Alperin opened the floor to public comment. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 2-98 as modi- fied on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 8-98 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending Section 4.4.13, "Central Business (CBD) District", of the Land Development Regulations to allow densities in excess of 30 units per acre as a conditional use within certain sections of the Central Business District, subject to specified performance standards. If passed, a second public hearing will be scheduled for February 3, 1998. The City Manager presented Ordinance No. 8-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, TO ALLOW DENSITIES IN EXCESS OF THIRTY (30) UNITS PER ACRE AS A CONDITIONAL USE WITHIN CERTAIN SECTIONS OF THE CENTRAL BUSINESS DISTRICT, SUBJECT TO SPECIFIED PERFORMANCE STANDARDS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-98 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. On question from Mayor Alperin, Diane Dominguez, Director of Planning and Zoning, stated that the proposed amend- ment will be applicable to that part of the Central Business District located north of Atlantic Avenue to 2nd Street and south of Atlantic Avenue to 2nd Street, between Swinton Avenue and the Intracoastal Waterway. Ms. Dominguez further stated that the density increase would only be permitted as a conditional use and subject to numerous performance standards that would have to be met. Mayor Alperin declared the public hearing open. Speaking from the audience was the following: -21- 01/20/98 Mr. Neal Kosikoff stated he is a real estate developer who has an interest in the potential development of residential housing in the City's downtown area. He complimented the City for having done a wonderful job of redeveloping the downtown and urged the Commission to approve the proposed amendment as it will allow for the necessary component of people living and being there all the time. This adds to the vibrancy and viability of a successful urban downtown area. There being no one else who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth stated that initially he was strongly opposed to this proposal, but the staff has done a wonderful job of addressing his concerns. While he still has some concerns, he felt that with the parameters contained in the ordinance he could now support it. Mr. Egan moved to approve Ordinance No. 8-98 on First Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 3-98: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge for 1998. 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. 3-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO REVISE THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE INFLATION INDEX CHARGE FOR 1998; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-98 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -22- 01/20/98 Mayor Alperin declared the public hearing open. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 3-98 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 5-98: An ordinance amending the Land Development Regulations Section 6.1.3(C) "Sidewalk Construction Requirements" and Section 6.1.4(C) "Driveway Construction Re- quirements'' Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 5-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6.1.3(C), "SIDEWALK CONSTRUCTION REQUIREMENTS", AND SECTION 6.1.4(C), "DRIVE- WAY CONSTRUCTION REQUIREMENTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE USE OF ALTERNATIVE SURFACE TYPES FOR DRIVEWAYS AND SIDEWALKS WHEN APPROVED BY THE CITY ENGINEER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-98 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 compli- ance 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 who wished to address the City Commission, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 5-98 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.~. ORDINANCE NO. 7-98: An ordinance amending Chapter 50, "Utilities Generally; Public Service Tax", of the City Code to comply with changes made in the state law regarding the record keeping requirements and procedures for taxation of telecommuni- cation services. Prior to consideration of passage of this -23- 01/20/98 ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 7-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 50.15, "LEVY OF TAX", AND SECTION 50.18, "RECORDS REQUIRED; RIGHT TO INSPECT", TO COMPLY WITH CHANGES MADE IN THE STATE LAW REGARDING TAXATION OF TELECOMMUNICATION SERVICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-98 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 compli- ance 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 who wished to address the City Commission, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 7-98 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to the Regular Agenda, Item 9.B., inasmuch as the applicant had arrived at the meeting. 9.B. REOUEST FOR WAIVER/REDUCTION OF REZONING FEE FOR PEI~fECOSTAL CHURCH OF GOD: Consider a request from Reverend St. Louis Mervilus of the Pentecostal Church of God for a waiver or reduction of the application fee for a proposed rezoning within the Silver Terrace redevelopment area. Reverend St. Louis Mervilus, representing the Pentecos- tal Church of God, stated that he felt the application for rezoning was pending in October of 1997. The fee at that time was $900.00. When the survey was brought in to complete the application, the fee had been raised to $1,200.00. Reverend Mervilus asked the Commission to either reduce the fee back to $900.00 or waive it altogether since his church is very young and does not have much money and it is a non-profit organization. -24- 01/20/98 Mr. Egan stated that while he is sympathetic with the Reverend's position, there are others who have been or are in the same situation and have not received any special consideration. To approve the request would open a can of worms and set a bad precedent. Mr. Egan moved to deny the request for a reduction or waiver of the rezoning application fee for the Pentecostal Church of God, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.L. on the Regular Agenda. 9.L. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (engineer position) to the Code Enforcement Board for a three year term ending January 14, 2001. The appointment will be made by Commissioner Egan. Mr. Egan moved to appoint Stanley Watsky as a regular member (engineer position) to the Code Enforcement Board for a three year term ending January 14, 2001. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Appoint a member to the Kids and Cops Committee in the category of 'Other Representation' for a term ending October 31, 2000. The appoint- ment will be made by Commissioner Schmidt. Mr. Schmidt moved to appoint Victoria L. Morgan to the Kids and Cops Committee in the category of 'Other Representation' for a term ending October 31, 2000. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.N. SETTLEMENT OF EXCESS JUDGMENT IN THE CASE OF CHARLIE BROWN V. CITY: Consider settlement of the referenced matter. The City Attorney stated there was a judgment against the City in this case. Her office received a letter indicating that Plaintiff's attorney has retained a Tallahassee law firm to pursue a claims bill. At this time, however, the Plaintiff's attorney has proposed a settlement of the excess judgment. In checking on the claims bill, the City Attorney stated she does not believe Plaintiff has met the requirements of the new rules for filing claims bills. However, the Legislature can always waive the rules and she did not know if they would do so in this -25- 01/20/98 case. The decision before the Commission is whether or not to deny the settlement proposal and see what happens with the claims bill process; fix the amount by approving the proposed settlement of $125,000; or make a counter offer of settlement. Ms. Ruby stated she would recommend making a counter offer of settlement in an amount less than that proposed by the Plaintiff if the Commission is inclined to do anything along that line. At this point, Mr. Schmidt stated he would abstain from voting on this matter because his law office was the referring attorney. While his office does not get a fee by agreement with the family, he does not want any appearance of impropriety. Mr. Randolph moved to make a counter offer of settle- ment in the amount of $75,000, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote, with Mr. Schmidt abstaining. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearinqs. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no responses to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Alice Finst, 707 Place Tavant, stated that at a recent Site Plan Review and Appearance Board meeting there was discus- sion about certain areas in the City which are considered eye- sores, and one of the locations that was mentioned was George Bush Boulevard. Mrs. Finst stated that at one time there were plans for beautifying that road although she is not sure whatever happened to them. She continued that this seems to be the case with other eyesores that never seem to get fixed. She suggested that it might be useful to survey the City's board members who spend a lot of time looking at the City to find out where they think the eyesores are located. Mrs. Finst felt that a report on what is going on with George Bush Boulevard might be a good place to start, but there are other sections of town that also need to be looked at to see what can be done to assist in improving the appearance of these problem areas. 12. FIRST READINGS: None 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager had no comments or inquiries. -26- 01/20/98 13.B. City Attorney. The City Attorney distributed a status report on Police and Firefighter pension legislation which was received today from Jim Linn, and noted that House Bill 3075 will be heard by the House Law Enforcement and Public Safety Committee on February 3, 1998. Ms. Ruby asked that the Mayor and Commissioners review the material in greater depth at their convenience and contact her office about the potential ramifications to the City's pension plan and a response to the legislators, if desired, prior to the House Committee's consideration. The City Attorney reported that with respect to the settlement approved by the City Commission in the Keystone Creations matter, a part of that settlement was that the stone cutting operation was to complete the phase one improvements by January 12, 1998. Staff conducted a site visit on January 13, 1998, and the improvements have not been made. Ms. Ruby stated that pursuant to the settlement agreement, her office will pursue obtaining an injunction against the business unless the Commis- sion directs otherwise. 13.C. City Commission. 13.C.1. Mr. Schmidt had no comments or inquiries. 13.C.2. Mr. Egan had no comments or inquiries. 13.C.3. Mr. Ellinqsworth had no comments or inquiries. 13.C.4. Mr. Randolph had no comments or inquiries. 13.C.5. Mayor Alperin reminded everyone about Fotofusion 1998 which starts on January 28, 1998. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to P.S. 286.011(8) re: Tate v. City of Delray Beach and Lake Worth Drainage District. Attendees: Mayor Jay Alperin Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney David Tolces Bill Doney, Esquire (attorney for the City) A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. -27- 01/20/98 The City Attorney stated the following: "The City has scheduled a closed attorney/client session pursuant to Florida Statutes Section 286.011(8) regarding Tatev. the City of Delray Beach and the Lake Worth Drainage District. The closed door session is for the purpose of discussing settlement negotiations and strategy related to litigation expenditures in the referenced case. The attendees will be Mayor Jay Alperin, Commissioners Kevin Egan, Ken Ellingsworth, David Randolph and David Schmidt, City Manager David T. Harden, City Attorney Susan A. Ruby, Assistant City Attorney David Tolces, Bill Doney, attorney for the City in this case, and a certified court reporter." At this point, the time being 8:55 p.m., the Commission adjourned for the closed attorney/client session pursuant to F.S. 286.011(8). At the end of the closed attorney/client session, the time being 9:25 p.m., the Commission reconvened. There being no further business, Mayor Alperin declared the meeting adjourned at 9:26 p.m. City ~l~k 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 of January 20, 1998, which minutes were formally approved and adopted by the City Commission ~it¢ Cl~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- 01/20/98