Loading...
11-04-97 NOVEMBER 4, 1997 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, November 4, 1997. 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 Ronald Siegenthaler, Seacrest Boulevard Presbyterian Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda ADproval. Mayor A1perin noted the addition of Item 8.P., Appoint- ment of Outside Counsel/Waste Management v. City, to the Consent Agenda by addendum, and Item 9.F., Settlement/Cajigas v. City, to the Regular Agenda by addendum. The City Manager stated that staff recommends the removal of Item 12.B., Ordinance No. 49-97, from the agenda. After further consultation with the Parking Management Team, it was determined that additional research is needed. Mr. Randolph moved to approve the Agenda as amended, 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. 5. Approval of Minutes: Mr. Schmidt moved to approve the Minutes of the Regular Meeting of October 21, 1997 and the Special Meeting of October 28, 1997, 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: None 7. Presentations: 7.A. Delray Beach Youth Council - Veterans Park Skateboard Issue. Alexandra ~yler, speaking on behalf of the Delray Beach Youth Council, stated that she had addressed the City Commission on April 15, 1997, regarding the issue of skateboards and the proposed rule that would have banned skateboarding in Veterans Park. Ms. Hyler thanked the Commission for granting the time necessary to develop responsible solutions for the problem. After numerous meetings, the Youth Council is able to offer an alternative to a ban on skateboards in Veterans Park. The Council proposes the following: (1) that signs the Youth Council prepared and will pay for be placed at strategic areas within Veterans Park to deter skateboarders from doing damage; (2) that speed bumps be installed on the tile around the fountain area and the concrete planters to stop axle grinding; (3) that Citizens on Patrol be authorized to enforce the "no grinding" rule in the park; (4) that members of the Youth Council make regular visits to the park to check on the appearance and status of the park and report the findings to the City. If at any time in the future the problem has not been stopped, the Youth Council will under- stand the need to stop the damage. The Youth Council also suggests that the same signs and speed bumps be placed at the beach pavilion at A1A and Atlantic Avenue. Lula Butler, Director of Community Improvement, in- formed the Commission that the signs will actually be prepared by a professional sign contractor. They will be small signs, designed to a pedestrian level, and will be placed strategically in areas where young people like to skateboard. Mr. Egan complimented the Youth Council on a job well done and thanked them for their time and effort. The Youth Council made a commitment and have fulfilled that commitment. He agreed that the Citizens on Patrol should monitor the park. Mr. Egan asked that the Youth Council return to the Commission with a status report in six months. Upon further discussion, it was the consensus of the City Commission to support the Youth Council's proposal on a trial basis to see how it works out. At this point, Ms. Butler introduced the new officers of the Youth Council for the next year. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. PUBLIC BEARING DATE FOR APPLICATION TO ABANDON TEE STATUS OF WATERFORD PLACE AS A DEVELOPMENT OF REGIONAL IMPACT (DRI): Schedule a public hearing date of January 20, 1998, to 2 11/04/97 consider the application to abandon the status of Waterford Place as a Development of Regional Impact (DRI). Waterford Place is located on the south side of Linton Boulevard between 1-95 and Lindell Boulevard. 8.B. AGREEMENT FOR SIDEWALK IMPROVEMENTS/FLORIDA TRILOGY, INC.: Approve an agreement between the City and Florida Trilogy, Inc., an industrial development doing business as ABA Custom Cabinets, Inc. at 1305 Poinsettia Drive, to allow deferral of the requirement to construct a sidewalk along Poinsettia Drive until the sidewalk improvements are required by the City. 8.C. AGREEMENT FOR SIDEWALK IMPROVEMENTS/CASA LA BRISA: Approve an agreement between the City and Ironwood Properties, Inc. to allow the deferral of the sidewalk improvements along Seabreeze Avenue associated with the Casa La Brisa townhouse development until installation of the sidewalk is required by the City. 8.D. RIGHT-OF-ENTRY AND LICENSE AGREEMENT FOR SIDEWALK CONSTRUCTION/ 1995 ATLANTIC CENTER ASSOCIATES, LTD.: Approve a right-of-entry and license agreement for sidewalk construction with 1995 Atlantic Center Associates, Ltd. to provide for the completion and maintenance of sidewalk improvements along the west side of Gleason Street just south of Atlantic Avenue. 8.E. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a request from the Chamber of Commerce for special event approval for the annual Holiday Pageant Parade to be held on December 13, 1997, including temporary use permit, staff support and waiver of overtime costs up to 50%. 8.F. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT WITH THE "I HAVE A DREAM" FOUNDATION: Authorize the execution of a funding agreement in the amount of $4,645 with the "I Have a Dream" Foundation as subrecipient under the Community Development Block Grant program, with funding from 118-1966-554-83.01. 8.G. EMERGENCY SERVICES AGREEMENT FOR FIRE AND EMS MUTUAL ASSISTANCE AND AUTOMATIC AID/CITY OF BOCA RATON: Approve an interlocal agreement between the City of Delray Beach and the City of Boca Raton to provide for Fire and EMS mutual assis- tance/automatic aid in times of emergency. 8.H. LAKE IDA SHOPPING CENTER SUBSTATION LEASE: Approve a commercial lease agreement with MDN Lake Ida, Inc. for the lease of premises within the Lake Ida Shopping Center located at the southwest corner of Lake Ida Road and Congress Avenue for use as a Police substation during the period October 1, 1997 through December 31, 1999, at a cost of $1.00 per year. 8.I. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $3,510 for an eligible -3- 11/04/97 applicant under the Delray Beach Renaissance Program, from State Housing Initiatives Program (SHIP) Account 118-1924-554-83.01. 8.J. RATIFICATION OF BOARD OF DIRECTORS FOR OLD SCHOOL SOUARE, INC.: Ratify the slate of new members appointed to the Board of Directors for Old School Square pursuant to the Manage- ment Agreement dated August 7, 1990 between the City and Old School Square, Inc. 8.K. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify various actions approved by the SCRWTD Board on October 16, 1997. 8.L. RESOLUTION NO. 80-97: Adopt a resolution supporting the Municipal League in its recommendation concerning an amend- ment to the proposed changes by the Palm Beach County Department of Environmental Resources Management (ERM) to Section 9.4, Wetlands Protection, of the Palm Beach County Unified Land Development Code. The caption of Resolution No. 80-97 is as follows: A RESOLUTION OP THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE PALM BEACH COUNTY MUNICIPAL LEAGUE IN ITS RECOMMENDATION FOR AN AMENDMENT TO THE PROPOSED CHANGES BY THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGE- MENT (ERM) TO SECTION 9.4, WETLANDS PROTEC- TION, OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR DISTRIBUTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No~ 80-97 is on file in the offi- cial Resolution Book) 8.M. 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 during the period October 20th through October 31, 1997. 8.N. PAYMENT APPROVAL FOR HTE PUBLIC SAFETY SYSTEM ANNUAL SOFTWARE MAINTENANCE AGREEMENT/POLICE DEPARTMENT: Approve payment in the amount of $33,232.50 to HTE, Inc. for the annual maintenance of the public safety system software, including updates, and technical support for the period October 1, 1997 through September 30, 1998, with funding from 001-2113-521- 46.90. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the estimated annual amount of $14,494 to Ferguson Underground, Inc. via City of -4- 11/04/97 Hialeah bid, for fire hydrants, with funding from 442-5178-536-61.77, through budget transfer from Project Reserves. 2. Bid award through a Palm Beach County co-operative bid, in the estimated annual amount of $149,513.90 to various low responsive bidders for chemicals and fertilizers, with funding from the Parks and Recreation Department, and the Municipal and Lakeview Golf Courses' operating budgets. 3. Bid award in the amount of $16,677 to Rayside Truck & Trailer, Inc. for interior modifications to the Police Department SWAT vehicle, with funding from 001-2117-521- 64.20. 8.P. Appointment of Outside Counsel/Waste Manaqement v. City: Approve the appointment of outside counsel as recommended by the City Attorney. Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion 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. CONTRACT ADDITION (C.O.#i)/CHAZ EQUIPMENT COMPANY, INC.: Consider approval of a contract addition (C.O. #1) in the amount of $55,741 and an additional 60 calendar days to our existing Roosevelt Avenue drainage improvements contract with Chaz Equipment Company, Inc., to add the construction of a water main interconnect with Highland Beach on A1A; with funding from 441-5161-536-63.90 through budget transfer from 441-5161-536-63.74. Richard Hasko, Acting Director of Environmental Servic- es, stated that the contract addition is in compliance with the agreement with Highland Beach which was executed several months ago to provide an emergency source of water to the town. This is the implementation of a larger interconnect which would provide Highland Beach the larger volume of 2 MGD. Also in accordance with the terms of the agreement, the cost will be split between the City and Highland Beach. After discussion, Mr. Egan moved to approve the con- tract addition in the amount of $55,741 and an additional 60 calendar days to the existing Roosevelt Avenue drainage improve- ments contract with Chaz Equipment Company, Inc., 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. -5- 11/04/97 9.B. DDA RECOMMENDATIONS CONCERNING EXPANDED BOARD: Consid- er approval of recommendations from the Downtown Development Authority concerning changes in the Special Act with respect to the DDA Board. Michael Listick, Attorney and Chairman of the Downtown Development Authority, stated that at its special meeting of October 30, 1997, the DDA asked that, along with the expansion of the district, the legislation include the following changes to the Delray Beach Downtown Development Authority Special Act: (1) that the board be composed of seven (7) members instead of the previous five (Section 4 of the Special Act); (2) that at least five (5) members shall own real estate or lease properties in the area in lieu of the previous three (Section 4(c) of the Special Act; (3) that all action require four (4) affirmative votes instead of three affirmative votes (Section 5); and (4) that functions be clarified to include promoting economic growth and not merely implying that activity (Section 6(e) of Special Act). Mr. Listick stated that the DDA's functions have changed over the years and now they are heavily involved in various business activities such as the Joint Venture and Pineap- ple Grove Mainstreet. The Board wants to expand the functions to include a paragraph that specifically relates to economic devel- opment and business promotions. The Board also considered whether or not to have geographical districts and require certain representation from certain districts. The consensus was not to support geographical requirements as the board already has a good representation. Mr. Schmidt moved that all of the recommendations from the Downtown Development Authority be included in the legislation necessary to change the Special Act, 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. 9.C. INTERLOCAL AGREEMENT FOR PLANNING SERVICES/NORTH FEDERAL HIGHWAY AREA: Consider approval of an interlocal agree- ment for planning services by and among the City of Delray Beach, the Community Redevelopment Agency and the Treasure Coast Region- al Planning Council for conducting a planning charrette and for preparation of a redevelopment plan for the North Federal Highway area. Diane Dominguez, Planning Director, explained that the interlocal agreement is to provide planning services for a charrette, or a planning work session, for the North Federal Highway area. This is basically going back and revisiting the objective to adopt a redevelopment and beautification plan for the North Federal Highway corridor. The Treasure Coast Regional Planning Council will be executing a contract with a planning firm in Miami, with the costs to be shared among the Community Redevelopment Agency, the City and the Planning Council. 6 11/04/97 Mr. Ellingsworth asked if the area in question includes the entire CRA area or just the North Federal Highway corridor? Ms. Dominguez stated the area is primarily north of George Bush Boulevard, although there will be some issues dealt with outside this area. She explained that the charrette is a participatory workshop and will provide an opportunity for residents and business owners in the area to wive input and decide what they would like to see in the area. An informational session will be held in the Commission Chambers at 7:00 p.m. on Friday, November 21, 1997, and the charrette will be held at the West Atlantic Avenue Fire Station on Saturday, November 22, 1997. Mr. Egan moved to approve the funding and interlocal agreement for planning services among the City, the CRA and the TCRPC for the development of the North Federal Highway plan, 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.D. NOMINATION FOR THE TREASURE COAST REGIONAL PLANNING COUNCIL: Consider a nomination for a regular seat on the Trea- sure Coast Regional Planning Council. No member of the City Commission was interested in being considered for nomination for appointment as a regular member to the Treasure Coast Regional Planning Council. 9.E. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member to the Education Board to fill an unexpired term ending July 31, 1998. The appointment will be made by Commissioner Ellingsworth. Mr. Ellingsworth moved to appoint Jerry Marshall to the Education Board as a regular member to fill an unexpired term ending July 31, 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. 9.F. Settlement/Caiiqas v. City. Consider approval of a settlement in the referenced matter as recommended by the City Attorney. The City Attorney reported that a proposed settlement in the amount of $15,000.00 was reached at mediation subject to the Commission's approval. Mr. Randolph moved to approve the settlement in the amount of $15,000.00, 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. -7- 11/04/97 At this point, the Commission moved to Item 12, First Readings, on the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 47-97: An ordinance rezoning a portion of the Yake property from RL (Low Density Residential/3-6 units per acre) to RM-8 (Medium Density Residential/5-8 units per acre). The subject property is located approximately 850 feet east of U.S. Highway #1, north of Denery Lane, south of Royal Palm Boulevard, and immediately west of and adjacent to the Intracoastal Waterway. If passed, a quasi-judicial public hearing will be scheduled for November 18, 1997. The City Manager presented Ordinance No. 47-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL (LOW DENSITY RESIDENTIAL/3-6 UNITS PER ACRE) DISTRICT IN THE RM-8 (MEDIUM DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT; SAID LAND BEING COMMONLY KNOWN AS A PORTION OF THE YAKE PROPERTY LOCATED APPROXIMATELY 850 FEET EAST OF U.S. HIGHWAY #1, NORTH OF DENERY LANE, SOUTH OF ROYAL PALM BOULEVARD, AND IMMEDIATE- LY WEST OF AND ADJACENT TO THE INTRACOASTAL WATERWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-97 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She stated that a quasi-judicial public hearing will be scheduled for November 18, 1997. Mr. Egan to approve Ordinance No. 47-97 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission 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. 12.B. THIS ITEM WAS REMOVED FROM THE AGENDA. 12.C. ORDINANCE NO. 46-97: An ordinance designating the Turner House located at 145 N.E. 6th Avenue as a local historic site to be listed in the Local Register of Historic Places. If passed, a public hearing will be scheduled for November 18, 1997. The City Manager presented Ordinance No. 46-97: 8 11/04/97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE TURNER HOUSE LOCATED AT 145 N.E. 6TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-97 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 46-97 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANC~ NO. 48-97: An ordinance rezoning a 0.24 acre parcel of land from GC (General Commercial) District to AC (Automotive Commercial) District. The subject property is located on the east side of Dixie Highway approximately 170 feet south of La Mat Avenue and was formerly occupied by the Silk Garden Outlet. If passed, a quasi-judicial public hearing will be scheduled for November 18, 1997. The City Manager presented Ordinance No. 48-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY APPROXI- MATELY 170 FEET SOUTH OF LA MAT AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-97 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She stated that a quasi-judicial public hearing will be scheduled for November 18, 1997. Mr. Schmidt moved to approve Ordinance No. 48-97 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the -9- 11/04/97 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. 12.E. ORDINANCE NO. 50-97: An ordinance amending the Land Development Regulations by increasing land development fees and establishing new fees, amending the name and definitions for site and development plans, establishing a procedure for amendments to the LDRs, and miscellaneous amendments to related sections. If passed, a public hearing will be scheduled for November 18, 1997. The City Manager presented Ordinance No. 50-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K), "FEES", OF THE LAND DEVEL- OPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY INCREASING LAND DEVELOPMENT FEES AND ESTABLISHING NEW FEES; AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS", BY AMENDING THE NAME AND DEFINI- TIONS FOR SITE AND DEVELOPMENT PLANS; ENACT- ING A NEW SECTION 2.4.5(M), "AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR A PROCEDURE TO AMEND SAID LAND DEVELOPMENT REGULATIONS; ADDING SUBSECTION (N), "DETERMI- NATION OF SIMILARITY OF USE", TO SECTION 2.4.5; DELETING SUBSECTION (Q), "DETERMINA- TION OF SIMILARITY OF USE", FROM SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS"; AMENDING SECTION 2.4.7, "PROCE- DURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF THE LDRS" BY PROVIDING FOR A PROCESSING FEE; AMENDING SECTION 1.1.6, "AMENDMENTS", TO REFERENCE THE PROCEDURE AT SECTION 2.4.5(M); AMENDING THE TABLE OF CONTENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-97 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 50-97 on FIRST Reading, 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. At this point, the Commission moved to Item 11. -10- 11/04/97 11. Comments and Inquiries on Non-Aqenda Items from the Public - Immediately followinq Public Hearinqs. 11.A. City Manager's resDonse to prior public comments and inquiries. The City Manager responded to a request that the City look at the intersection of Tropic Boulevard and Federal Highway to explore the possibility of restriping the west approach to allow right and left turn lanes. He noted that the roadway is narrow here as the westbound approach is approximately 17 feet and 9 inches wide. This would result in a substandard lane, but with the iow traffic volumes and speeds in the area it is still workable. Thus, staff will go ahead and have it restriped to allow for the turn lanes. At the last meeting Mr. S.T. Barnes, 1315 N.W. 3rd Street, requested that the City allow him to pave an area on the shoulder of the road in front of his house in the swale area. Mr. Barnes also presented photographs of several residences in the Tropic Palms area that have paved areas for parking on the right-of-way. In recent years it has been our practice to remove the swales as the streets were being reworked. The City Manager noted that the reason to remove the swales is because of regula- tions imposed on us by the Environmental Protection Agency to clean stormwater drainage to reduce the amount of pollutants getting into the storm drain system. The City Manager pointed out that he personally had looked at Mr. Barnes' lot and found ample space for a doublewide driveway on his property and felt there was no reason for Mr. Barnes to put a parking space on the right-of-way. Mr. Barnes also brought up an example of a triplex located at 2900 South Frederick Boulevard where a similar situa- tion exists. The City Manager explained we have a lot of multi- family units in older areas of the City that were developed with parking on the right-of-way since there was nowhere on the site to develop adequate parking. When Frederick Boulevard was paved we allowed continuation of parking on the right-of-way. There was not enough room for a cul-de-sac, so a hammerhead design was created to allow for a turnaround. In conclusion, the repaving of the shoulder in this area of N.W. 3rd Street should not be allowed. 11.B. From the Public. There were no comments or inquiries from the public. At this point, the Commission moved to Item 13. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. At the last meeting Commissioner Randolph asked about nuisance abatements and code enforcement liens or action taken -11- 11/04/97 when the owner of a property is deceased. The City Manager explained that if staff is aware that an individual is deceased we check with the Clerk of the Court's Probate and Guardianship Division to determine if there is a personal representative and then that individual is notified. If there are no probate papers filed and we are unaware the party is deceased, a notice is mailed to the address on the tax roll. If the nuisance abatement is returned "undeliverable", the notice is then delivered to the occupant at the property. If the property is vacant or unoccu- pied, we post the property. The City Manager pointed out that he had signed off on a particular Code Enforcement Board lien today where we had to forgive the case because the property owner was deceased and the Code Enforcement Board was not aware of it. In the case of nuisance abatement liens, someone will eventually have to pay for the violation. These steps are taken to ensure that the City notifies whomever is responsible for the property. With respect to the issue of servicing garbage contain- ers along the beach area on Sundays, the City Manager reported that staff has discussed with BFI the possibility of having some Sunday pickups. BFI is going to monitor the containers on Saturdays and Mondays to determine if a Sunday pickup is neces- sary. Regarding the issue of sidewalk cafes having outside tables obstructing the sidewalk, the City Manager reported that staff has inspected all the businesses which have outside tables and have identified two locations where they were not meeting the minimum clear width standard. Staff from Code Enforcement and the Police Department have met with each business owner. If we do not get cooperation from these businesses, we will probably come back with some other recommendation on how to handle this situation. The City Manager stated that the Commission has re- ceived a copy of the City's Year End Financial Report (which is still subject to audit) and called attention to the results of the Lakeview Golf Course. As we recall, last year was the first year that the City had owned the Lakeview Golf Course for a full year and we lost approximately $28,000. Because of good manage- ment this year we were able to completely turn that around with Lakeview Golf Course showing an operating profit of $155,000. 13.B. City Attorney. The City Attorney stated that she is researching the issue of dual office holding and found there are a lot of cases where this exists. She noted that there is a very fine distinc- tion regarding the holding of dual office and that a response will be forthcoming on this issue. 13.C. City Commission. -12- 11/04/97 13.C.1. Mr. Egan asked about the status of the traffic study that is being done on the downtown one-way bypasses and the Swinton/Atlantic Avenues intersection. In response, the City Manager stated that he was not aware of the status. He realized that everyone is very anxious to see the results of the traffic study and would report back to the Commission on this issue in the near future. 13.C.2. Mr. Schmidt stated that he had received a telephone call from a Commissioner in Lakeland, Florida, who stated that their Sister City coordinator (who is also the State's coordina- tor) and their Mayor will be coming to Delray Beach on December 5, 1997. They will be bringing about 50 people in celebration of the new AMTRAK Station and will also be visiting the Morikami Museum. Because Lakeland also has a Sister City in Japan, they are interested in pursuing a museum in their City. These visi- tors also want to see the redevelopment in our downtown area and will be leaving Delray Beach about 6:00 p.m. 13.C.3. Mayor Alperin had no comments or inquiries. 13.C.4. Mr. Randolph expressed concern over an increase in sidewalk injuries that is occurring around the City. Since there are many uneven sidewalks, we should alert ourselves that there is a potential hazard and that something should be done to protect the City. He suggested that City employees who work in the field should either mark these sidewalks (including drainage covers) and/or report them to management so that immediate attention can be given to their repair. 13.C.5. Mr. Ellingsworth complimented the Fire Department for the Fire Safety Awareness Day which took place on Saturday, November 1, 1997. At this point, the time being 6:46 p.m., Mayor Alperin declared a recess. The meeting was reconvened at 7:00 p.m. with the Commission considering Item 10., Public Hearings. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 44-97: An ordinance amending Section 4.3.4 (J) (1), "Height", Section 4.3.4(K), "Development Standards Matrix", and Appendix "A", "Definitions", of the Land Development Regulations to enact regulations intended to mitigate the effects of large home construction on adjacent properties and surrounding neighborhoods. 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. 44-97: -13- 11/04/97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4(J) (1), "HEIGHT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR HOW HEIGHT SHALL BE DEFINED FOR ALL SINGLE FAMILY HOMES WEST OF A1A; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO PROVIDE FOR A MAXIMUM FLOOR AREA RATIO FOR ALL SINGLE FAMILY ZONE DISTRICTS, AN INCREASED SETBACK REQUIREMENT FOR SECOND AND THIRD FLOORS IN CERTAIN SINGLE FAMILY RESIDENTIAL ZONE DISTRICTS, AND EXEMPTING PROPERTIES LOCATED EAST OF STATE ROAD A1A FROM THESE CHANGES; AMENDING APPEN- DIX "A", "DEFINITIONS", TO ADD A DEFINITION FOR "FLOOR AREA (GROSS)" AND FOR "FLOOR AREA RATIO (FAR)"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-97 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. Paul Dorling, Principal Planner, highlighted the basic changes that are proposed: 1) a change in the definition of height; 2) to implement an additional 5 ft. setback for second and third stories in the R-I-AA, R-i-AA-B, R-i-AAA and R-1-AAA-B zoning districts; and 3) the implementation of a floor area ratio (FAR) of 35% for all single family zoning districts. Also, there is additional language added to the definition of height to restrict the height of chimneys, cupolas or other appurtenances on buildings to a maximum of five feet above the highest part of the proposed structure or the minimum required by the Standard Building Code, whichever is greater. Mr. Dorling pointed out that in the near future an amendment can be made which would apply to residential buildings versus commercial buildings. At this point, Mayor Alperin opened the floor for public comment. Addressing the Commission were the following: Sue Desiderio, 1000 White Drive, stated that people refer to Delray Beach as a "Village-by-the-Sea"; however, this means something different to everyone. She presented a photo- graph of a recently constructed residential home just off A-1-A and felt that it really represents the 'village-by-the-sea' atmosphere. She emphasized that a home this size would not be allowed on the lot that she owns. Ms. Desiderio stated that a new two-story home is being constructed next door to her small ranch house and she has no objection to the size or design of -14- 11/04/97 this home. She urged the Commission to retain the property rights which currently exist. Michael Weiner, 102 North Swinton Avenue, brought attention to the Property Rights Protection Act, Florida State Statute Section 70.001. He stated that the Act was designed for those people who would suffer an inordinate burden and then produce an appraisal showing that the value of the property was lessened after the legislation was passed. Every lot owner in the City will be given an opportunity to take advantage of this Act and to make an appropriate claim against the City of Delray Beach for the passage of this ordinance. Frank McKinne¥, 610 North Ocean Boulevard and Co-Execu- tive Director of the Oceanfront Property Owners Association, emphasized that since his business is that of real estate he has a clear understanding of this issue and how it will impact the city now and for many years to come. As he and his wife live in a neighborhood which will be greatly affected by the proposed changes, they will not be able to expand their home if they so desire. Mr. McKinney stated that he was a member of the City's Large Home Task Team and has experienced restrictions. He complimented the Commission for doing a great job and listening to the honest opinions of the residents. In conclusion, Mr. McKinney emphasized that collectively we need to recognize the need to adapt the perceived definition of a "Village-by-the-Sea" to the positive changes that have and continue to occur in this city. Phil Buzzutto, 909 McCleary Street, stated that after purchasing his home in 1980, a small addition was added and he bought more property to add an addition if it was needed. With the proposed changes, he will lose his rights because he lives east of the Intracoastal Waterway. Mr. Buzzutto stated that he does not understand this segregation between the east and west sides of the City and urged the Commission not to take his property rights away. Stan Schelnberg, President of the Tropic Isle Homeown- ers Association, expressed concern as to why this ordinance was needed now. He too wondered why the waterfront communities were being targeted and felt that those residents should have been contacted and/or asked for their representation on a committee. He emphasized that waterfront communities are different and distinctive from other developments. Waterfront lots are usually smaller in size and land assessments are much higher. In Tropic Isles, the lots are basically 9,000 sq.ft, and the land assess- ments average $150,000. Yet the City wants to restrict homes in this community to 3,150 sq.ft. Mr. Scheinberg pointed out that most homes which were built since 1980 are greater than 3,500 sq.ft, and these restrictions reduce the value of lots and reduce the value of older homes which are candidates for upgrading. Many owners of these older homes are senior citizens whose major investment is the equity in their homes. -15- 11/04/97 Shelley Petrolia, Realtor, stated that if the proposed ordinance is adopted lots and land assessments will be drastical- ly affected. There will be about a one-third reduction in assessment to $100,000 which will translate to a $20 million reduction in the tax base for Tropic Isles alone. Add the other waterfront communities and the effect will be 3 to 4 times that number. She expressed concern as to what type of problem justi- fies this kind of risk to our tax base. With the current re- quirements, our tax assessments are increasing and we have a vibrant community, with the number of school age children on the increase. Ms. Petrolia pointed out that a lot of families who live in waterfront communities are looking for homes which they can remodel and add square footage. She emphasized that her clients actually request to purchase in Delray Beach, but if she has to tell them that the maximum they can add to a home is 3,150 sq.ft, on a typical waterfront lot, they will go to other cities where they do not have these restrictions. She emphasized that the cause and effect of the passage of this ordinance will result in deceased property values. The current proposed ordinance is too restrictive and too destructive to this community. Ms. Petrolia suggested that the issue be tabled and sent back to a committee for additional review. Tony Passalacqua, 976 Allamanda Drive, stated that he had purchased his home in June and that he would not have bought it had he known of the proposed restrictions. Don Desiderlo, 1000 White Drive, felt that the proposed restrictions are rash, unreasonable and discriminate by excluding oceanfront homeowners. He stated that this is an All America City and in America all people are created equal. However, this Commission is making the oceanfront homeowners more equal than all the other homeowners in Delray Beach. He emphasized that the Beach Property Owners Association have continued to badger the Commission regarding these restrictions and this has been going on for the past three years. Mr. Desiderio presented a petition containing 135 signatures which represents a coalition to pre- serve the property rights of Delray Beach homeowners. Tony Petrolia, 936 Evergreen Drive, stated that many of the vacant lots in Tropic Isle are owned by people who live out of state and have not heard about the proposed changes. As a local realtor who does a majority of selling in this neighbor- hood, Mr. Petrolia emphasized that the property values will be reduced in his community, particularly on vacant lots. A conser- vative estimate of reduction of property values is about 20%. With the proposed changes, people who plan to spend approximately $500,000 on a piece of property will have to be told that they can build 40% less than what they originally had planned to build. Frank Boyar, 1015 Seasage Drive, spoke in favor of the proposed restrictions. Contrary to what has been said previous- ly, he has heard many neighbors complaining about the large -16- 11/04/97 homes. These are ultra large homes which appear to be out of proportion to the property on which they are being built. Joan Baccari, representing the BPOA, stated that the BPOA fully supports the ordinance. She felt that this issue is extremely important and that the Commission's continued support for these regulations is vital. Michael Listick, Attorney, 1515 East Atlantic Avenue, pointed out that a person cannot build to the setbacks in the majority of lots. He suggested that the effective date should be far enough in the future to allow people who already have made investments and started plans to submit for their building permits. Mr. Listick urged the Commission to reconsider the language in the proposed ordinance. William Schwartz, 3863 Live Oak Boulevard, expressed concern of the 40% floor area ratio. The people who will be hurt the most by the passage of this ordinance are those who live in modest, medium priced homes. These homes are built on medium size lots and if they need more living space they will not be able to expand. He pointed out that they cannot even build a second story because the cost is going to be outrageous. Mr. Schwartz also urged the Commission to reconsider passage of this ordinance. Bill Wood, President of the Delray Beach Chamber of Commerce and Susie Simms, Chairman of the Board for the Chamber of Commerce, stated that the Chamber represents about 1,000 businesses and are very concerned of both the process and the decision that has created a floor area ratio that, combined with other proposed changes, will be too restrictive. Ms. Simms pointed out that this issue has been dis- cussed for nearly three years primarily because of the concern that lots are being redeveloped with much larger homes. Last December the Commission appointed the Large Home Task Team to research this issue, to provide direction and make specific recommendations. This Task Team was a good mix of homeowners, association presidents, builders and realtors who worked dili- gently on this issue for three months. On a vote of 8-2 the Large Home Task Team recommended a 40% FAR for all single family districts west of A-I-A; maximum roof of 35 feet and no change in setbacks. The Planning and Zoning Board, after review of the task team's work, recommended the same but added an additional 5 ft. setback for second and third floors. Ail this took several weeks of negotiations, but in the final analysis, represented a fair compromise. The Chamber of Commerce encourages the Commis- sion to reconsider the limitation of a maximum FAR 35% and change it back to 40%, as recommended by the Task Team. Regardless of the final decision, the Chamber of Commerce strongly recommends that the City provide a six month grace period as an equitable approach to implementation. -17- 11/04/97 Kaywin Martin, 972 Evergreen Drive, stated that he spent a year looking at waterfront property from Lighthouse Point to Jupiter before settling in Delray and was adamantly opposed to the proposed changes. He felt that this city has come a long way toward revitalization and redevelopment. He expressed concern that in the future we may again be looking at vacant storefronts. He wondered why the proposed restrictions will be placed on those who wish to improve their property, as he felt there should be a proposal to upgrade substandard houses and to prevent a decline of property values in future years. Mr. Martin emphasized that redevelopment should be encouraged, not discouraged. Charles Herse¥, 1010 Poinsetta Road, supported the proposed ordinance because he felt the proposed restrictions were fair. Carolyn Patton, 1020 Tamarind Road, stated that she fully supports the proposed changes and felt it important to preserve the character of a community. After doing some research on her own, Ms. Patton reported that six All America Cities showed that their floor area ratio did not affect property values. Various cities showed that controlling inappropriate redevelopment in single family neighborhoods (including historic districts) does not affect property values and in some cases property values actually increased. Ann Pepper, 950 Banyan Drive, was opposed to the proposed changes and urged the Commission to come up with a better plan. Jim Cavanauqh, 919 Seasage Drive, voiced his objection to the ordinance as he felt it too restrictive. John Bennett, 137 Seabreeze Avenue, spoke in support of the ordinance. Albert McNamara, owner of a building inspection firm, pointed out that nine out of ten people who purchase waterfront property plan to remodel or restore a building in some fashion or another. Rules and regulations are certainly needed; however, additional consideration should be given before passage of this ordinance. Jeff McKee, 914 Cypress Drive, stated that he had recently purchased a lot on the water just a few streets away from his present residence in hopes of building a larger home because his family has grown. This proposal is now saying that he cannot build this larger home, and more importantly, the proposal is going to make the lot he bought worth about 30% less than what he had paid for it. He emphasized that this proposal is taking a lot of money from his pocket and will deter other families from coming into his neighborhood. -18- 11/04/97 Edward Raspler, 3501 Pine Lake Court, expressed concern that his community is receiving about 20 applications a year for expansion of houses. Most of these homes are already at the 35% ratio, and if this ordinance is passed they will not be able to expand. There are about six undeveloped lots in his community whose homes will obviously be reduced in size compared to the existing homes and will be of lesser value; thus, imposing a hardship upon the value of the existing houses. He wondered why the 40% floor area ratio restriction recommended by the Planning and Zoning Board was being ignored. Mr. Raspler suggested an alternative such as entirely exempting existing houses from the 35% ratio restriction. Vera Farrinqton, 310 N.W. 2nd Avenue, stated that Delray Beach has enjoyed the reputation and recognition as one of the most beautiful cities on the east coast. This is partly because in 1961 each resident was inspired to contribute their share in beautifying this city. History also plays a role in our city's identity and future direction. This city is also a leader in the State of Florida's historic movement. The restoration of building and redevelopment is an indication of a community that is affectionately known as the "Village-by-the-Sea". Maybe this is the reason why visitors and retirees move to this area. There is no space in Delray Beach for oversized mansions and they will detract from the atmosphere and life style that we have worked so hard to create. Despite the evidence of wealth these structures may indicate, they will undermine the efforts of our citizens who have strived to create and maintain a small town community. Large mansions among the smaller homes will make the community a conglomerate of houses that represent no particular style, as they will not blend in with the existing homes. In conclusion, Ms. Farrington urged the Commission to regulate the size of these buildings, especially on the oceanfront. Tom Mook, 341 Ross Drive, President of the Sudan Homeowners and Co-Chairman of the Large Home Task Team, stated that you do not find "castles" in a "village" If you want a village, it has to be defined and that is what this ordinance is all about. He felt that it is very obvious that many individuals who have voiced objections to this ordinance have not been following the progress of the Large Home Task Team during the past (referenced three years). Mr. Mook suggested that if someone wants to build a large home, let them go to Boca Raton and let us retain a village-by-the-sea community. David Stewart, 1034 Lewis Cove Road, was opposed to the proposed changes as he would like to put an addition onto his home. Ron Collins, Attorney and representing Coalition to Preserve Property Rights, stated that his group adamantly opposes the proposed ordinance and asked the Commission to deny this ordinance, or at least defer passage in order to give more time for analysis. Mr. Collins voiced the following objections: the proposed changes will greatly impose upon the majority of home- owners in this town; all negative impacts of this ordinance far outweigh the positive impacts; and, the ordinance clearly vio- lates the Comprehensive Plan. In conclusion, he felt that this ordinance does not have anything to do with mansions, as it affects all homeowners Delray Beach. Michael Solari, 515 Seagate Drive, stated that he has followed this issue closely and was sorry that most people in attendance this evening did not attend prior meetings to hear all sides of the story. He noted that the same person who started a scare movement today against this ordinance was the first to complain that a huge house being built next door would destroy the character of his home. Mr. Solari pointed out that people want to purchase homes in Delray Beach because of its character and charm; not with the intent to build a huge dream home. The proposed restrictions in this ordinance will allow a typical home to almost double in size but still keep the same scale of the neighborhood. We must have good zoning and building codes to protect the integrity of our town by passing this ordinance. Terry Pfeil, 1040 Basin Drive, felt that people are attracted to Delray Beach because of its distinction. The reason for this distinction was not caused by accident because it was well planned. This Commission and the people who live here have planned for this to happen and we are seeing the fruits of this because people are now wanting to come here. Approximately ten years ago we enacted an historic district which has saved and preserved some of our neighborhoods. This helped with the renaissance of this time and helped to attract people here because of this city's character and charm. Why do we want to destroy this? We need to preserve our history and this is a big step that we can take to save why we chose to live here. Jo Ann Peart, 107 N.W. 9th Street, stated that she was also speaking on behalf of two residents who were not able to attend this evening. They fully support the ordinance as they feel it is a good compromise. She noted that one end of the spectrum is creating historic districts on all the old neighbor- hoods, with no homes being demolished; and, the other end of the spectrum is leaving it just as it is, with one of the weakest set of restrictions on the east coast. Anne Fulton, 1124 Vista Del Mar, spoke in support of the ordinance. She pointed out that people are not really against redevelopment; however, it can be done in character with the neighborhood. Pat Doran, 1020 Vista Del Mar Drive, noted that she has been a resident for 43 years and many of her acquaintances have decided to settle in Delray Beach because of its' atmosphere. She found it very distressing that we seem to be losing this charming atmosphere. Recently in her neighborhood a prime piece of property with a fine historic home on it was purchased solely -20- 11/04/97 for investment. The buyer and investor plan to live in a neigh- boring city, and this home will be replaced by a mansion which will certainly be incompatible with the rest of the neighborhood. Ms. Doran pointed out that progress and change is fine, as along as it is done in a tasteful manner. This ordinance is a step in the right direction and, she felt it should be passed. Dick Sheremeta, 900 Gardenia Drive, pointed out that the City has progressed during the past ten years and we need to progress in an orderly fashion. He noted that thirty years ago a family occupied a ranch style house consisting of 1800 sq.ft, and this ordinance might have been appropriate during that time; unfortunately, it is no longer that way. He noted that many of the residents who are voicing objections this evening are resi- dents of the Seagate community. Mr. Sheremeta suggested that the City should create a special historic district for the Seagate community, if that is what they want. He warned the Commission that if they pass this ordinance, they will be "shooting them- selves in the foot" June Henley, 200 MacFarlane Drive, started to speak but withdrew her request to address the Commission on this issue. Dick Eckerle, Vice President of Progressive Residents of Delray (PROD), stated that PROD has closely followed this ordinance and felt that the ordinance should be rejected. A new ordinance should be created that will appease all residents in the City. Monty Helm, 1221 Harbor Drive, fully supported the proposed changes and distributed photographs to the Commission of homes being constructed in his neighborhood. Janet Onnen suggested that the ordinance should be reconsidered. Randall Stoft, Architect who resides at 616 Seasage Drive, stated that no one really understands the implications as he felt the ordinance has not been presented clearly. Mr. Stoft pointed out that a previous speaker had mentioned that the Large Home Task Team has studied this issue for the past three years; however, the Task Team has only been in existence for less than a year. Mr. Stoft noted that some of the setbacks, height and other issues which have not yet been addressed, would be benefi- cial to the preservation of our neighborhoods. Mr. Stoft also felt that the Commission should defer passage of this ordinance. Abbey Stein, 1008 Island Drive, supported the proposed restrictions but thought the 35% FAR area ratio was better than the 40%. She felt there should be some restrictions which control the growth but would not destroy what has attracted people to settle in Delray Beach. -21- 11/04/97 Conrad Sittler, 1011 Lewis Cove Road, stated that Delray Beach has received a balance of needs and of individual rights and felt the ordinance should be tabled. The public hearing was closed. Mayor Alperin stated that he had voted against this ordinance at First Reading because he felt it inappropriate to exempt homes east of A-1-A. This ordinance should be for every- one and not just this section of the City. At this point, Mayor Alperin declared a three minute recess. The meeting was reconvened and the Commission proceeded to comment and take action on this issue. Mr. Ellingsworth noted that when the first zoning ordinance was passed in this county it started to restrict the rights of our use of property. As population grows restrictions have to become more severe. On the other hand, people come here to make investments in property and in doing so, they expect those investments to grow. After hearing the various comments of the public this evening, Mr. Ellingsworth felt that the best course of action is to take no action. Mr. Randolph felt that if a neighbor elects to build a home next door that may seem insensitive on their part, basical- ly, it is their right. Sometimes this Commission has to make decisions which may not be popular. Sometimes at the last moment, we might make a heart wrenching thought to get us to either support or reject an issue. Mr. Randolph further stated that he does not want to see homes exceed the 35 feet maximum height restriction. Mayor Alperin stated that for many years this issue was brought to the City's attention and we chose to ignore it; thereby, letting it grow. He expressed concern that it will continue to grow until it is so overwhelming that it becomes impossible to resolve. Mayor Alperin noted that he finds it hard to believe that some people have not yet heard about this issue, as it has been thoroughly covered by the media. This Commission and past Commissions are not afraid of changes and we have to maintain the quality of the community. We have a very difficult decision to make and no matter what happens, we will be offending some friends and affecting the pocketbooks of many people. Whatever the decision, we have to respect history and individual rights and what the benefit will be to the entire community. In conclusion, Mayor Alperin stated that he would like to see this ordinance passed but felt that exempting properties east of A-1-A is abusive to the remainder of the community; therefore, he could not vote in support of this ordinance. -22- 11/04/97 Mr. Schmidt stated that the Commission has spent a lot of time examining other alternatives. He also had a concern of 35% FAR ratio and felt that 40% would be more appropriate. He did not have a problem with other provisions of the ordinance, such as setbacks and height restrictions. He felt this ordinance is a step in the right direction and that he too had a problem with exempting the homes east of A-1-A. He stated that he has recon- sidered that since the First Reading of the ordinance, as these restrictions should be citywide. He personally felt that we should move forward on this issue; and with those two changes he could support the ordinance, but unfortunately could not vote in support tonight. Mr. Egan noted that he had moved to Delray Beach because of its uniqueness and character. Some of the speakers mentioned that when driving up from Miami it really hits you that you have arrived in a place that is different and special. This is very obvious because in town after town you have passed many high-rises on the way. He noted that for many years he has been involved in the City as Chairman of the Community Redevelopment Agency and that we have a wonderful downtown area but this has not come easy. There were many developers who wanted to come in and do big movie theatres and Mizner type projects but we became focused and kept the uniqueness and it has worked. Mr. Egan noted that each Commissioner has received many personal letters regarding this issue but there has also been some misinformation as there usually is on major issues. When there is misinforma- tion sometimes people panic and take the worst case scenario, but we have to sit on the dais and consider the facts. This isn't a perfect ordinance and staff and the Task Team have spent a lot of time on this issue. Mr. Egan supported the 35% FAR ratio re- striction but expressed concern regarding the enforcement date. He suggested that the date be changed for a grace period of six months to accommodate people who are caught in the middle of their plans. At this point, the City Manager noted that many resi- dents of Tropic Isle were present this evening and a reason for that may be the peculiar way Tropic Isle was platted and the way in which it was developed. He pointed out that Tropic Isle has its' own zoning district and is the only area in the City which is zoned R-1-AAB. If the Commission feels it appropriate, you can give that zoning district a different floor area ratio which might fit in better with the pattern of that particular subdivi- sion. At this point, discussion ensued regarding workshopping this issue for consideration of additional changes and the creation of a new ordinance. Mr. Egan moved to approve Ordinance No. 44-97, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - No; Mr. Randolph - No; Mayor Alperin - No; -23- 11/04/97 Mr. Schmidt - No; Mr. Egan - No. Said motion failed to pass with a 5 to 0 vote. The Commission directed staff to address the specific provisions of this ordinance and that a new ordinance be created for consideration at First Reading. 10.B. ORDINANCE NO. 45-97: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", Section 101.15 "Defini- tions'', of the City Code to provide for the inclusion of Lot 8, Block E of the Revised Plat of Blocks D & E, Palm Beach Shore Acres, within the definition of 'municipal beach' as set forth at Section 101.15 of the City Code. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 45-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREA- TION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.15, "DEFINITIONS", TO PROVIDE FOR THE INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-i-A, AS MORE FULLY DESCRIBED HEREIN, A PART OF THE DEFINITION OF THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 45-97 is on file in the official Ordinance Book) 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 Commission on this issue, the public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 45-97 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. 10.C. SALE OF CITY-OWNeD PROPERTY (~OPE 3 PROGRAM): Consider approval of the Contract for Sale and Purchase between the City and Gloria Jones for property located at 521 S.W. 10th Street, through the HOPE 3 Program. -24- 11/04/97 Lula Butler, Director of Community Improvement, ex- plained that the staff has been working on ten houses which the City acquired under the HOPE 3 Program for about two years. Her staff has worked diligently to market and sell these houses for ownership. Mayor Alperin declared the public hearing opened. There being no one who wished to address the Commission on this issue the public hearing was closed. Mr. Randolph moved to approve the Contract for Sale and Purchase between the City and Gloria Jones for property located at 521 S.W. 10th Street, through the HOPE 3 Program, 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. There being no further business, Mayor Alperin declared the meeting adjourned at 9:30 P.M. City ~%~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 November 4, 1997 which minutes were formally approved and adopted by the City Commission on ~.d~r~?~/~ /~ /997 ~ity ~le~k ' NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -25- 11/04/97