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02-03-98 FEBRUARY 3, 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, February 3, 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 Jim Atchison, Church of the Palms. 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 6.B., Procla- mation in recognition of National Kindness Week, to the agenda by addendum. He further noted the addition of Item 9.I., Access Easement Agreement with Ocean Properties, and Item 9.J., Land- scape Easement and Maintenance Agreement with Manor House Condo- minium Association, Inc., to the regular agenda by addendum. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Randolph. 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. 5. Approval of Minutes= Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of January 20, 1998, 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. 6. Proclamations= OF NOTE= 6.A. Burn Awareness Week - February 8-14, 1998. Mayor Alperin noted that Burn Awareness Week will be observed during the week of February 8 through 14, 1998. 6.B. National Kindness Week - February 8-15, 1998. Mayor Alperin read and presented a proclamation recog- nizing the week of February 8 through 15, 1998 as National Kindness Week. Mr. Shelly Weil came forward to accept the proclamation and thanked the Commission for their acknowledgment of National Kindness Week. 7. Presentations: 7.A. Special Merit Award to Robert Bullard, Utility Mainte- nance ManaHer, and Clayton Gilbert, Senior Instrumentation Technician, for their innovative assembly of a generator mounted sewage pump which can be remotely monitored and controlled. The City Manager stated that Mr. Robert Bullard and Mr. Clayton Gilbert are sharing a special merit award for a recent suggestion they submitted regarding a generator mounted sewage pump. The availability of this piece of equipment which they had the idea for has already averted what almost certainly would have been a major raw sewage spill after a main break on Lake Ida Road in the week prior to Christmas. What they did was mount a pair of sewage pumps on the trailer frame of a 100 kilowatt portable generator. The electric motor driven pumps were salvaged from one of the lift stations rehabilitated under the recent lift station rehab contract. The motors were wired into the generator for operation under auxiliary power. Through the application of our current radio telemetry technology, a radio control unit and antenna were mounted on the generator and wired to allow remote monitoring and control of the unit. The generator and pumps can be started and stopped from the Utility Maintenance computer or from the laptop used by standby personnel to monitor system operations after working hours. A float level switch was also installed to allow automatic operation of the unit as a function of liquid levels in a manhole or wetwell. The system even monitors the generator's fuel level and alerts Maintenance personnel when refueling is required. The complete unit can be transported anywhere in the system, have suction and discharge connections made and be left to operate as a portable pump station° The City Manager further stated that this system was used on a 24-hour basis for approximately two weeks providing sewage transmission service to the entire Chatelaine subdivision while City contractors replaced a deteriorated manhole on the north side of Lake Ida Road which had sunk causing connecting pipes to shear and break. Based on the successful performance of this unit, a second system is being assembled. He commended Messrs. Bullard and Gilbert for their innovative and motivated approach to their work. 2 2/03/98 Mayor Alperin expressed his sincere appreciation to Mr. Bullard and Mr. Gilbert. He is extremely proud that through their innovation they were able to save the City a lot of money and a lot of aggravation for City residents. On behalf of the City Commission, Mayor Alperin presented them each with a plaque and a check in recognition of their efforts. 7.B. Perry DonFrancisco - Holiday Toy Drive Committee Presentation. On behalf of Mr. DonFrancisco who was not able to attend tonight's meeting, Jeff Messer, Community Relations Officer for the Delray Beach Police Department, reported that this year the Holiday Toy Drive was able to serve over 1,300 children which far exceeded all expectations. Further, Officer Messer presented a check in the amount of $4,504.00 to the Parks and Recreation Department for the After School Program and for future toy drives. On behalf of the City Commission, Mayor Alperin ex- pressed his thanks and appreciation to everyone who participated in this very worthwhile event° 7.C. Kathy Daley - 1998 Legislative Aqenda. Mayor Alperin reported that Ms. Daley would not be able to attend tonight's meeting as her flight out of Tallahassee was cancelled due to the inclement weather. He stated that she would plan to attend the regular meeting on February 17, 1998. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/DELRAY OCEAN ESTATES NORTH TWO: Approve the final subdivision plat for Delray Ocean Estates North Two, a proposed two unit single family subdivision, located on Andrews Avenue, 230 feet south of Harbor Drive and west of State Road A1A. 8.B. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Supervisor of Elections to handle and canvass absentee ballots for the March 10, 1998, municipal election, and represent the City at the requisite logic and accuracy tests. S.C. APPROVAL OF POLL WORKERS FOR MUNICIPAL ELECTION: Approve the list of poll workers secured for the March 10, 1998, municipal election. 8.D. AMENDMENT NO. 2 TO PURCHASE AND SALE AGREEMENT/WARD PROPERTY: Approve Amendment No. 2 to the Purchase and Sale Agreement with William and Claire Ward to extend the contract closing date to February 17, 1998, for the City's acquisition of the Ward property adjacent to the Leon Weekes Environmental Preserve. 3 2/03/98 8.E. APPROVAL OF FUND TRANSFERS: Approve the transfer of interest earnings from the 1993 Water/Sewer Revenue Bond Con- struction Fund to the Project Reserve in the Construction Fund, and the transfer of all Project Reserve balances in the Construc- tion Fund to the Military Trail Utility Line Relocation Project. 8.F. CONSENT TO SUBLEASE/CHAMBER OF COMMERCE: Approve a Consent to Sublease to allow the Chamber of Commerce, as Lessee, to sublease a portion of the Chamber facility to American Invest- ment Properties, Inc. 8.G. PLAZA DELRAY POLICE SUBSTATION LEASE: Approve a Commercial Lease Agreement between the City and St. Stephen Limited Partnership to allow the Police Department to establish a substation in Plaza Delray located at the northwest corner of Linton Boulevard and Federal Highway~ 8.H. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and Hold Harmless Agreement regarding the sale of Police canine "Storm" to Harold and Marilyn Dorfman. 8.I. REVISED NCIC/FCIC USER AGREEMENT WITH FLORIDA DEPART- MENT OF LAW ENFORCEMENT: Approve a revised user agreement with the Florida Department of Law Enforcement for use of the Florida and National Crime Information Centers (FCIC/NCIC) which allows the Police Department to access state and national data banks. 8.J. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions approved by the SCRWTD Board on January 15, 1998. 8.K. SERVICE AUTHORIZATION 92/RALPH HAHN & ASSOCIATES: Approve Service Authorization #2 in the not to exceed amount of $11,900.00 with Ralph Hahn & Associates for the preparation of construction documents related to the replacement of air condi- tioning units at the Police Department; with funding from 334-6111-519-63.21. 8.L. CONTRACT ADDITION AND CLOSE-OUT CHANGE ORDER ~2/CHAZ EQUIPMENT CO., INC.: Approve a contract addition to the Roose- velt Avenue Drainage Improvements contract with Chaz Equipment Co., Inc. for the emergency elimination of an improper water main cross-connection on N.W. 3rd Street, and close-out Change Order #2 in the net deduct amount of $3,837.74 based on final as-built quantity adjustments for the project. Funding will be from 442-5178-536-63.50 for $10,532.88, and a liquidation of ($14,370.62) encumbered in the Project P.O. to 334-3162-541- 61.17. 8.M. SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVIC- ES AGREEMENT: Approve a contract addendum with H.T.E., Inc. for support services associated with Phase I of the Citywide Imaging and Document Management System, in the amount of $60,000 for Phase I, with funding from 334-6112-519-64.12. -4- 2/03/98 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, the Site Plan Review and Appearance Board and the Historic Preservation Board for the period January 19, 1998 through January 30, 1998o 8.0. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the total amount of $15,163.40 to Pifer, Inc. for one Jr. Turf Truckster Model #898543 (via State of Florida contract), one 16" Heavy Duty Sod Cutter and Accessories Model #544853B, and one Ryan Lawnaire 48" Model #544876 (via GSA contract); with funding from 001-4511-539-64.90 and 001-4131-572-64.90. 2. Bid award in the amount of $104,960.72 to National Ambulance Builders, Inc., under City of Boca Raton bid, for a 1998 Navistar International heavy duty fire/rescue transport vehicle, with funding from 501-3312-591-64o20o Mr. Egan moved to approve the Consent Agenda, seconded by Mr. Schmidt. 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. CONDITIONAL USE MODIFICATION/NEW JERUSALEM CHURCH OF GOD IN CHRIST: Consider a request for conditional use modifica- tion to allow an increase in the seating capacity and construc- tion of an off-site parking lot for the New Jerusalem Church of God in Christ, located at the southeast corner of Lake Ida Road and Roosevelt Avenue. 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 Deputy City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file into the record. She stated the request is for a modification to the conditional use approval which was granted to the New Jerusalem Church of God in Christ in 1992. In 1994, a site plan was approved for a 5,500 sq.ft, church with 44 paved parking spaces. The church construction is nearing completion and the parking lot has been installed. However, instead of 123 seats as originally approved the church now has more than 300 seats available so it -5- 2/03/98 is necessary for the original approval to be modified. With the additional seating capacity comes a requirement for more parking. Ms. Dominguez stated that the church intends to use a vacant lot that is immediately east of the church property under a lease arrangement and proposes to install stabilized sod as is permit- ted for parking areas such as this which are used on an intermit- tent basis. In order to access the stabilized parking area, staff has recommended that it be connected to the paved parking lot by crossing over a portion of a City-owned retention area. While this will necessitate modifications to the retention area, the City Engineer has reviewed the situation and feels that it can be done without affecting drainage capacity. Ms. Dominguez stated that the Planning and Zoning Board considered the conditional use modification request at a public hearing on January 26, 1998. At that hearing, Reverend Herbert Young, the applicant, stated that the additional pews have already been constructed and he asked that he be allowed to hold services in the church prior to completion of the stabilized sod parking area. The church would not have the funds needed to install the improvements for at least six months; however, he felt that the vacant lot was sufficiently compacted at this time to support vehicles. After discussing the proposal, the Board felt that either the parking lot must be stabilized or the seating in the church must be limited to the approved 123 seats. Ms. Dominguez cautioned about approving uses without sufficient parking. She noted that while the landscape improvements for this project had been deferred, parking tends to have a greater impact on adjacent areas. Ultimately, the Planning and Zoning Board voted 5 to 0 to recommend that the conditional use modifi- cation be approved, subject to the following conditions: (1) That a site plan modification application be submitted which addresses the "Technical Items" identified in the staff report; (2) That the seating capacity be limited to 330 persons; (3) That prior to issuance of a conditional certifi- cate of occupancy, an off-site parking agreement and in- gress/egress and cross-access easements must be executed; (4) That prior to issuance of a conditional certifi- cate of occupancy, the improvements associated with the stabi- lized sod parking lot must be installed, except landscaping, or the seating capacity must be limited to 123 seats until such time as the improvements can be completed; and (5) That all costs associated with the modifications to the drainage retention area to accommodate the cross-access driveway are the responsibility of the church. 2/03/98 Speaking on behalf of the New Jerusalem Church of God in Christ were the following: William Green stated that the church is currently paying rent to meet at another location. If the new church could be used, the rent money that would be saved could then be used to pay for the improvements needed to complete the project. Paul Gardner stated that the church members would be willing to shell rock the temporary parking area so that it can be used twice monthly until funds can be raised to complete the stabilized sod improvements within six months. Mae Garland, Church Secretary, stated that the congre- gation is very anxious to get into the new church. The members are willing to clear the adjacent land and make it suitable for parking as suggested by the City Engineer. If the temporary parking area can be used just two times a month, the church will be able to pursue its fund raising programs so that the improve- ments required by the City can be completed in a six month period° At this point, Diane Dominguez, Director of Planning and Zoning, read into the record a letter received from Reverend Herbert Young, Pastor of New Jerusalem Church of God in Christ, as follows: "The members of New Jerusalem Church of God in Christ request the use of additional parking on the east side of the church for the grand opening (March 14, 1998), and to park approximately two times a month over a six month period for fund raising programs to complete the parking lot. "The church has been approved for 123 seats. The additional 207 seats are to be approved or roped off and not be used until the additional parking lot has been completed. Within six months of the conditional use modification approval, the associated parking improvements and cross-access driveway will be completed. However, if approved, we will clear the land and make suitable for parking as suggested by City Engineer Randal Kreja- rek." No one else from the audience wished to address the Commission in support of the conditional use modification. No one from the audience wished to speak in opposition to the conditional use modification. Discussion by the City Commission followed. Mr. Randolph moved to approve the conditional use modification for New Jerusalem Church of God in Christ, based upon positive findings and subject to the following conditions: -7- 2/03/98 (1) That a site plan modification application be submitted which addresses the "Technical Items" identified in the staff report; (2) That the seating capacity be limited to 330 persons; (3) That within nine (9) months from March 1, 1998, an off-site parking agreement and ingress/egress and cross-access easements must be executed; (4) That within nine (9) months from March 1, 1998, the improvements associated with the stabilized sod parking lot must be installed, except landscaping; and (5) That all costs associated with the modifications to the drainage retention area to accommodate the cross-access driveway are the responsibility of the church° 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. Prior to roll call, it was clarified that the motion does not place any restriction on the number of times per month the temporary parking area can be used by the church. 9.B. PROPOSED PEDI-CAB SERVICE: Provide direction concern- ing proposals to establish pedi-cab services in the City. Mr. Egan moved to postpone consideration of the pro- posed pedi-cab service until current recommendations on the matter are received from the Community Redevelopment Agency, the Downtown Development Authority, the Joint Venture and the Parking Management Advisory Board, preferably by the next regular meeting on February 17, 1998. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote. 9.C. WAIVER FOR SPECIAL EVENT SIGNAGE/CITIBANK CHAMPIONS TENNIS TOURNAMENT: Consider a request to waive LDR Section 4.6.7(D) (3) (j) (ii) to allow event signage and banners to be put up two to three weeks prior to the Citibank Champions Tennis Tournament which begins on February 25, 1998. Robert A. Barcinski, Assistant City Manager, stated that the Land Development Regulations allow event signage and banners to be put up one week prior to an event. The subject request is to allow the signs and banners to be put up two to three weeks before the Citibank Champions Tennis Tournament. Banners will be placed on corner poles between A1A and Swinton Avenue and on vacant poles between Swinton Avenue and 1-95. 8 2/03/98 Event signage will be placed on Atlantic Avenue, Swinton Avenue and the north and south ends of Federal Highway. Mr. Ellingsworth moved approval of the waiver allowing special event signs and banners for the Citibank Champions Tennis Tournament as recommended by staff. 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. 9.D. FORECLOSURE ACTION ON PROPERTY WITHIN BLOCK 28, TOWN OF DELRAY: Consider authorizing the City Attorney to commence a foreclosure action against property located on N.W. 5th Avenue (south 30 feet of Lot 6, Block 28, Town of Delray) based on outstanding nuisance abatement liens. The City Attorney explained that this is a request for direction as to whether staff should be directed to foreclose on certain nuisance abatement liens outstanding on the subject property. The Community Redevelopment Agency has not been able to negotiate a contract for sale and purchase with the property owner, and it appears that the costs involved in litigating the eminent domain proceeding could be greater than the property's value. After discussion, Mr. Egan moved to authorize the City Attorney to commence foreclosure of the outstanding liens with the caveat that the Community Redevelopment Agency reimburse the City for the costs incurred in taking the action. The motion was seconded 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 2-98: An ordinance amending the Redevel- opment Plan of the Community Redevelopment Agency. 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. 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 -9- 2/03/98 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.) 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 on this ordinance, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 2-98 on Second and FINAL Reading, seconded by Mr. Ellingsworth. 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.A.1. RESOLUTION NO. 11-98: A resolution adopting the West Atlantic Avenue Redevelopment Plan. The City Manager presented Resolution No. 11-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE WEST ATLANTIC AVENUE REDEVELOPMENT PLAN, AS AMENDED; 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 AN EFFECTIVE DATE. (The official copy of Resolution No. 11-98 is on file in the City Clerk's office.) Mr. Randolph moved to approve Resolution No. 11-98, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mro Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -10- 2/03/98 10.B. ORDINANCE NO. 8-98 (SECOND PUBLIC HEARING)= An ordi- nance 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 perfor- mance standards. 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. 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. Mayor Alperin declared the public hearing open. The following individuals addressed the City Commission: John Bennett, 137 Seabreeze Avenue, felt that it was a good idea to try to get people living downtown. However, he felt that smaller residential projects should be limited in the same manner as larger projects with respect to the number of small apartments and efficiencies that will be allowed. Tom Fleming, Program Manager for PineaDDle Grove Main Street, stated that the forthcoming Pineapple Grove Neighborhood Improvement Plan contains a residential element which encourages exactly what is proposed by the ordinance. He urged the Commis- sion's support. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 8-98 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes; Mro Randolph - Yes. Said motion passed with a 5 to 0 vote~ -11- 2/03/98 10.C. ORDINANCE NO. 9-98 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending LDR Section 4.4.13(B) to allow 'residential type inns' as a permitted use in the Central Busi- ness District (CBD), amending Section 4.4.24(D) to allow 'resi- dential type inns' as a conditional use in the Old School Square Historic Arts District (OSSHAD), amending Section 4o3.3(X) pertaining to "Special Requirements for Specific Uses" for residential inns, and amending Appendix "A", "Definitions". If passed, a second public hearing will be scheduled for February 17, 1998. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time° The City Manager presented Ordinance No. 9-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING 'RESIDENTIAL-TYPE INNS' AS A PERMITTED USE IN THE CBD; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ADDING 'RESIDENTIAL-TYPE INNS', AS A CONDI- TIONAL USE IN THE OSSHAD; AMENDING SECTION 4.4.24(G) TO PROVIDE SUPPLEMENTAL DISTRICT REGULATIONS FOR 'RESIDENTIAL-TYPE INNS' IN THE OSSHAD; AMENDING SECTION 4.4.24(H) TO PROVIDE SPECIAL DISTRICT REGULATIONS FOR 'RESIDENTIAL-TYPE INNS' IN THE OSSHAD; AMENDING SECTION 4.3.3(X) TO MODIFY THE SPECIAL REQUIREMENTS PERTAINING TO 'RESIDEN- TIAL-TYPE INNS'; AMENDING APPENDIX "A", "DEFINITIONS", TO REVISE THE DEFINITION FOR 'RESIDENTIAL-TYPE INNS'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-98 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. Speaking from the audience was the following: -12- 2/03/98 Rodney Romano, attorney representing the petitioner, stated that adoption of the proposed ordinance will allow his client to do a remarkably great project at the Sundy House° There being no one else who wished to address the Commission, the public hearing was closed° Mr. Ellingsworth moved to approve Ordinance No. 9-98 on First Reading, seconded by Mr. Egan. Upon roll call the Commis- sion 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. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries° In response to a prior comment about discussion at a Site Plan Review and Appearance Board (SPRAB) meeting regarding the appearance of George Bush Boulevard in general, the City Manager reported that at the January 7, 1998, SPRAB meeting one of the members remarked that he did not like the bright red color of the canopy at the Texaco station. Mrs. Alice Finst was in the audience and she commented that she thought George Bush Boulevard was generally in poor condition and that something should be done about its appearance. While the Board seemed to agree that parts of George Bush Boulevard did not look good, they did not agree that SPRAB should become more involved in code enforcement matters. As was mentioned when this was brought up, there were beautification plans proposed in association with the development of the Yake property as The Anchorage subdivision. Those plans necessitated the elimination of much of the back-out parking that presently exists in order to install landscaping. That was quite controversial, and the proposed Anchorage development has been defunct since about 1994. Plans for the North Federal Highway area will address the area at George Bush Boulevard and Federal Highway. However, much of what happens to the future of the boulevard will depend upon private initiatives to redevelop the property. 11.B. From the Public. 11.B.1. Richard Eckerle, Woodlake resident, suggested that the City Commission review Section 34.16 of the City Code pertaining to the number of petition signatures required to be obtained by prospective candidates in order to qualify for placement on a municipal election ballot. The requirement is for one percent (1%) of the total number of registered voters in the City of Delray Beach as of January 1st preceding the date of the munici- pal election. Mr. Eckerle stated that as the City has grown and more people are registered to vote, it is becoming harder to obtain the necessary number of signatures. To qualify as a -13- 2/03/98 candidate for election this year, nearly 330 signatures were required. He felt there should be some requirement to show that a prospective candidate has supporters, but that the requirement not be as stringent as currently exists. He asked that this matter be reviewed and corrected before next year's election. 11.B.2. Jean Beer, 945 Tropic Boulevard, presented three items. First, at a recent Presidents' Council meeting on the development of the lakes and County Commissioner Aaronson's proposal for special taxing districts to clean up the lakes, it was made clear there will be a push for drains to stop all of the debris from going into the lakes. This is something that will have to be addressed, although Mrs. Beer felt that the people in that area will not be happy about having to pay an extra assessment for this purpose. She didn't know how to resolve the problem, but felt that creating more special taxing districts might be getting to be too much. Secondly, she referred to a development that is coming into the City which received an affordable housing grant from Palm Beach County, although it is in an area of the City where we do not want affordable housing. The Comprehensive Plan indicates where we would like to see affordable housing. Mrs. Beer stated that the County Housing Board was informed of this, yet they went ahead and made the grant anyway. She felt that someone from the City needs to speak to the County Housing Board again. As a member of the Land Use Advisory Board (LUAB), Mrs. Beer made a strong plea that the Housing Board look at all of the affordable housing that is currently available, noting that Delray Beach has probably the largest amount of affordable housing in the county. In conclusion, Mrs. Beer stated that the Progressive Residents of Delray (P.R.O.D.) would like to see land use and comprehensive planning under the purview of the same board responsible for site planning. She felt that the Site Plan Review and Appearance Board looks for technical compliance with development regulations, but will not look at compatibility and the other things that would be looked at by the Planning and Zoning Board. If the City is going to allow zoning districts where there is a range of density, the final approved density for any development should be looked at by both the Planning and Zoning Board and the City Commission. 11.B.3. Kenneth Howard, 5225 Raymond Drive North, addressed the Commission concerning a landscape issue at rental property he owns on S.W. 7th Street. He recently received a code enforcement violation which would require him to cut up an asphalt driveway that cost him $800.00 to have installed, in addition to planting trees and hedges and putting in an irrigation system. He stated this is a rental property where the money he receives barely covers the mortgage, taxes and utilities. While he appreciates the City's position on maintaining properties, he felt his rental property is presentable. It is painted, cleaned up and free of debris. In summary, Mr. Howard stated he cannot afford to do the -14- 2/03/98 things that the City is telling him he has to do to upgrade the property, and suggested to the Commission that it is time to reevaluate what it is private citizens are being required to do to meet the standards set by code enforcement. ll.B.4. Gerald DeFoe, Country Manors resident and P.R.O.D. member, reemphasized the comments made by Mrs. Beer with respect to returning the site plan approval process to the purview of the Planning and Zoning Board. He felt more and more problems will be forthcoming, particularly with respect to the affordable housing issue. This is becoming a serious matter which the City Commission does not have the opportunity to address under the current process unless an item is appealed. Mr. DeFoe further commented it is his understanding that Representative William Andrews will be proposing legislation in the upcoming session concerning schools. Apparently it embodies a mandate that all local governmental bodies (i.e. the County, the School Board and the local municipalities) get together at least once a year and work out an agreement amongst themselves as to the construction of schools, where, when and how. If agreement cannot be reached, it would go to an arbitra- tion session for fact-finding which would then be forwarded to the State Education Committee which would make the decision. Mr. DeFoe felt the proposed legislation would dictate that all the affected parties would have to work together, and he urged the Commission to support this position. 11.B.5. Alice Finst, 707 Place Tavant, reiterated her request to do something that would insure the audience is able to see presentations by developers. She suggested that anything that is shown to the City Commission should also be shown to the audience by using the overhead projector. 12. FIRST READINGS: 12.A. ORDINANCE NO. 10-98: An ordinance rezoning a portion of the Seacrest Boulevard Continuing Presbyterian Church site from R-1AA (Single Family Residential) and RM (Medium Density Residential) to CF (Community Facilities) District. The subject property is located at the southeast corner of Seacrest Boulevard and Gulfstream Boulevard. If passed, a quasi-judicial public hearing will be scheduled for February 17, 1998. The City Manager presented Ordinance No. 10-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL) DISTRICT AND RM (MEDIUM DENSITY RESIDENTIAL DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE SEACREST BOULEVARD CONTINUING PRESBYTERIAN -15- 2/03/98 CHURCH SITE LOCATED AT THE SOUTHEAST CORNER OF SEACREST BOULEVARD AND GULFSTREAM BOULE- VARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schmidt moved to approve Ordinance No. 10-98 on First Reading, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mro Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned to Item 9.E. on the Regular Agenda. 9.E. PURCHASE OF SERVICES AND MATERIALS FOR MILITARY TRAIL FORCE MAIN RELOCATION: Consider approval of the purchase of various services and materials necessary to relocate approximate- ly 2,000 linear feet of an existing 12" sanitary force main located on the west side of Military Trail between Lowson and Linton Boulevards; in the amount of $27,929.08 with funding from 442-5178-536-63.51. Richard Hasko, Director of Environmental Services, discussed the scope of the project and why staff feels this is the most cost effective way to approach it. Discussion followed concerning the position of Har- drives, the County's contractor, with respect to allowing the City to go in and do the work ourselves. They seem to be holding the City up until we agree to pay them significantly more to do the work. Mr. Edwin Jack, Deputy County Engineer, stated that the City's proposal to do its own work had been discussed at the County and with Hardrives, and he knew of no reason why the City could not go ahead and do the work. He felt Hardrives' position was more that they wanted to be held harmless for any interface problems or costs that might arise to them through the City's involvement in the project. He apologized for the abruptness of the situation, but explained that in this particular situation it was unavoidable. Mr. Ellingsworth moved to approve the purchase of services and materials and allocation of in-house resources for the force main relocation as set forth in the staff memoranda, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor -16- 2/03/98 Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9.F. REMOVED 9.G. GRANT AWARD/GOLD COAST CLEAN CITIES ALTERNATIVE FUEL VEHICLE PROGRAM: Consider approval of a grant award from the South Florida Regional Planning Council under the Gold Coast Clean Cities Alternative Fuel Vehicle Grant Program in the amount of $100,000. This is a 50/50 matching grant with City funding available from 501-3312-591-64.20. Robert A. Barcinski, Assistant City Manager, stated that the City applied to the South Florida Regional Planning Council under the Gold Coast Clean Cities Alternative Fuel Vehicle Program for a grant in the amount of $100,000 which would be used toward the purchase of natural gas vehicles. This is a matching grant, with the City's share coming from the vehicle replacement fund. Of the grant money, $8,000 has to be used for mechanic training and public awareness. The balance can be used for the purchase of vehicles. It is estimated approximately nine (9) vehicles can be purchased. At the present time, the City has five (5) natural gas vehicles in its fleet. The City Manager clarified that there is a federal mandate which says that a certain percentage of the City's fleet has to be alternative fuel vehicles by a future deadline. Mr. Egan moved to approve the grant offer contingent on the City Attorney's review and approval, and including authoriza- tion for the City Manager to sign the agreement. 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.H. SETTLEMENT PROPOSAL/CLECKLEY V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter as recommended by the City Attorney. Mr. Ellingsworth moved to approve the settlement proposal in the referenced matter, 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. 9.I. ACCESS EASEMENT AGREEMENT WITH OCEAN PROPERTIES: Consider approval of an access easement agreement with Ocean Properties regarding the City parking lot on the north side of the new Delray Beach Marriott. The City Attorney reported that the primary area of disagreement is the amount of money to be paid for the access easement. The Commission had asked for $75,000 and Ocean Proper- -17- 2/03/98 ties has offered $50,000. She also noted there is an issue with insurance. The City has a paragraph in the agreement that says Ocean Properties will abide by our requirements as they may change from time to time. Ocean Properties wants more concrete language. For the record, it is noted that neither the applicant nor the applicant's representative was in attendance at the meeting. Mr. Schmidt moved to approve the access easement agreement with Ocean Properties as submitted. For the purpose of seconding the motion, Mayor A1perin passed the gavel to Vice-May- or Egan and seconded the motion. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Vice-Mayor Egan - No; Mr. Ellingsworth - No; Mr. Randolph - No; Dr. Alperin - Yes. Said motion FAILED TO PASS with a 3 to 2 vote. 9.J. LANDSCAPE EASEMENT AND MAINTENANCE AGREEMENT WITH MANOR HOUSE CONDOMINIUM ASSOCIATION, INC.: Consider approval of a landscape easement and maintenance agreement with Manor House Condominium Association, Inc. Mr. Schmidt moved to approve the landscape easement and maintenance agreement with Manor House Condominium Association, Inc., 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. In looking into the problem with garbage and trash collection on Christmas and New Year's Day, the City Manager stated that one of the reasons why it was not picked up was the Solid Waste Authority took both of those days off as holidays so neither the transfer station nor the landfills were open to dump the waste. However, the Solid Waste Authority has agreed that the transfer station will be open this coming year on New Year's Day and BFI can, therefore, provide service on that holiday. There will be some small additional charge to the City to cover the overtime on that date, but there will be collection on New Year's Day. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Mr. Ellingsworth had no comments or inquiries. -18- 2/03/98 are not working as they should. He asked that this be looked into to see if they are making any difference. In particular, he cited the S.W. 9th area and also the area behind Mario's Market. The barriers may not need to come down, but the City may want to take another approach. 13.C.3. Mr. Sckmidt had no comments or inquiries. 13.C.4. Mr. Egan asked if the City Manager had heard anything about concerts at the tennis center? The City Manager reported that Mr. Dubin has written a letter to Palm Acts asking for a written report. Mr. Egan also commented that it was brought to his attention that over the weekend during the Fotofusion event, one of the exhibits was in the historic house which the City owns and leases to the County's historic preservation board. Unfortunate- ly, the building was locked up all weekend and one of the photog- raphers had to get someone from the CRA to open the building. 13.C.5. Mayor Alperin informed the Commission that the City staff has challenged the Commission to a softball game at the City picnic scheduled for Saturday, February 28, 1998. There being no further business, Mayor Alperin declared the meeting adjourned at 8:00 p.m. ~ity Clerk r ATTEST: .~ ~. The u~hdersigned 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 February 3, 1998, which minutes were formally approved and adopted by the City Commission on February 17, 1998. NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve amendments, additions or deletions. -19- 2/03/98