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11-18-97 NOVEMBER 18, 1997 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, November 18, 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 Nancy Norman, Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 9.E., Resolu- tion No. 81-97 (Water and Sewer Revenue Refunding Bonds/Series 1997 A), to the Regular Agenda by addendum. The Mayor further stated that with respect to Item 10.B., Ordinance No. 47-97 (rezoning for a portion of the Yake property), a request for postponement has been received from Michael Listick, attorney representing the applicant. The City Manager requested that Item 8.M.l., Contract award to Metron-Farnier for large meter replacement via City of West Palm Beach bid, be removed from the agenda. Mr. Randolph moved to approve the agenda, as amended with the addition of Item 9.E., Resolution No. 81-97 (Water and Sewer Revenue Refunding Bonds/Series 1997 A), the postponement of Item 10.B., Ordinance No. 47-97 (rezoning for a portion of the Yake property) to the date certain of December 2, 1997, at 7=00 p.m., and the removal of Item 8.M.1. from the consent agenda; 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. 5. Approval of Minutes= Mayor Alperin noted a typographical error on page 14, paragraph three, with respect to the single family zoning dis- tricts affected by the proposed large home construction regula- tions. One of the zoning districts is shown as 'R-i-BBB'; it should correctly read as 'R-1-AAA-B'. Mr. Ellingsworth requested a change on page 15, 2nd paragraph, to reflect the correct name of the beach organization represented by Frank McKinney. Mr. McKinney represents the Oceanfront Property Owners Association, not the Beach Property Owners Association. Mr. Egan moved to approve the Minutes of the Regular Meeting of November 4, 1997, as amended, seconded by Mr. Elling- sworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizing the 100th Anniversary of St. Paul A.M.E. Church. Mayor Alperin read and presented a proclamation in recognition of the 100th anniversary of St. Paul A.M.E. Church, and wished the members of the congregation the vision, hope and spirituality needed for the future of their church and community. Mr. Bill Condrey and Mr. Spencer Pompey came forward to accept the proclamation. On behalf of the Pastor and congrega- tion, Mr. Condrey expressed his thanks and appreciation to the Commission with the hope that St. Paul A.M.E. Church will contin- ue to be of service to the community in the years to come. 7. Presentations: 7.A. Presentation by Sandra Eriksson of the 1997 Long Drive Contest Trophy. In lieu of Ms. Eriksson, Mr. Brahm Dubin came forward to make the presentation. Mr. Dubin stated that the first annual Long Drive Contest for City Commissioners was hosted by the municipal golf course in 1991 in conjunction with the Chamber of Commerce golf tournament. In this the seventh year, the winner of the 1997 Long Drive Contest is Commissioner David Randolph with a distance of 244 yards. Mr. Dubin presented the trophy to Commissioner Randolph. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. AUTHORIZATION TO APPLY FOR GRANT AND COMMITMENT TO PROVIDE PARTIAL FUNDING/HISTORIC STRUCTURES SURVEY: Authorize submission of a grant application to the Florida Department of 2 11/18/97 State, Division of Historic Resources, for funding in the amount of $10,000 to conduct a comprehensive survey of historic struc- tures in the City, and approve the commitment of $5,000 as half of the local share. 8.B. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the total amount of $15,422.60 for an eligible applicant under the Delray Beach Renaissance Program, with funding in the amount of $8,422.60 from SHIP (118-1924- 554-83.01) and $7,000 from HOME (118-1923-554-83.01). 8.C. RATIFICATION OF APPOINTMENT TO THE KIDS AND COPS COMMITTEE: Ratify the reappointment of David J. Ptak to the Kids and Cops Committee as the representative from Orchard View Elementary School for a two year term ending November 30, 1999. 8.D. RESOLUTION NO. 84-97/EASEMENT ABANDONMENT FOR DELRAY OCEAN ESTATES NORTH: Adopt a resolution vacating and abandoning a 10 ft. utility easement in connection with the development of Delray Ocean Estates North, based upon positive findings. The caption of Resolution No. 84-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN FOOT UTILITY EASEMENT AS SHOWN ON THE PLAT OF PALM BEACH SHORE ACRES RECORDED IN PLAT BOOK 7 AT PAGE 38 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 84-97 is on file in the City Clerk's office.) 8.E. SERVICE AUTHORIZATION %1.2 FOR BARRIER ISLAND REUSE SYSTEM/PROFESSIONAL ENGINEERING CONSULTANTS, INC.: Approve Service Authorization #1.2 in the amount of $9,833.60 with Professional Engineering Consultants, Inc. for consulting servic- es related to the Barrier Island Reuse System project, with funding from 441-5181-536-31.90 through budget transfer from 441-5181-536-63.95. 8.F. SERVICE AUTHORIZATION ~2/ECKLER ENGINEERING, INC.: Approve Service Authorization ~2 in the amount of $22,500 with Eckler Engineering, Inc. for the preparation of engineering plans and specifications for the rehabilitation of Lift Stations 16 and 3lA, with funding from 442-5178-536-61.83. 8.G. RESOLUTION NO. 82-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 22 properties throughout the City. The caption of Resolution No. 82-97 is as follows: 3 11/18/97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 82-97 is on file in the City Clerk's office.) 8.H. RESOLUTION NO. 83-97: Adopt a resolution assessing costs for abatement action required to remove abandoned vehicles from eight (8) properties located within the City. The caption of Resolution No. 83-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 83-97 is on file in the City Clerk's office.) 8.i. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the the Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 3 through November 14, 1997. 8.J. K-9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K-9 Sale and Hold Harmless Agreement regarding the sale of the canine Olk to his handler and trainer Officer Louis Brown. -4- 11/18/97 8.K. FINAL PLAT APPROVAL/NOLAND PLAT: Approve the final boundary plat for the Noland Plat pursuant to the conditions of site plan approval for the Noland Company, a wholesale plumbing distribution center. The subject property contains 2.703 acres and is zoned MIC (Mixed Industrial and Commercial). It is located on the east side of Congress Avenue, between Atlantic Avenue and Lake Ida Road. 8.L. FINAL PLAT APPROVAL/DARREN'S RIDGE: Approve the final plat for Darren's Ridge, a proposed eight unit townhouse develop- ment located on the west side of Florida Boulevard, immediately east of Delray Plaza. The property is zoned RM (Medium Density Residential) and contains 0.74 acres. 8.M. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM WAS REMOVED FROM THE AGENDA 2. Bid award through the Community Development Block Grant Program to South Florida Construction for a housing rehabilitation project at the Delray Beach Housing Authority located at 770 S.W. 12th Ter- race, in the amount of $33,000, with funding from 118-1963-554-49.19. 3. Grant award through the State Housing Initiatives Partnership program (SHIP) to South Florida Construction for a housing rehabilitation project at 826 S.W. 5th Avenue, in the amount of $21,000, with funding from 118-1924-554-49.19. 4. Purchase award for Cellular Digital Packet Data connection; to sole source H.T.E., Inc. as a supplement to the Software License and Service Agreement, for connection between the Police Department laptops and the AS400, at a total cost of $718,116.50; $679,540 from 334-6111-519-64.29, and $38,576.50 from 001-2113-521-46.20 and 521-46.90. Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 9,. REGULAR AGENDA: The City Attorney reported that the applicant's repre- sentative for Item 9.A. had indicated to her that he was waiting for an expert witness to arrive at the meeting and asked that consideration of the item be delayed until that time. In view of this, the Commission moved to Item 9.B. on the Regular Agenda. -5- 11/18/97 9.B. FINAL BOUNDARY PLAT/HEGSTROM PROPERTY: Consider approval of the Hegstrom boundary plat which creates two duplex lots on property located on the north side of N.E. 22nd Street. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file, including the City's Comprehensive Plan, into the record. Ms. Dominguez stated the subject plat proposes to subdivide a parcel of land located on the north side of N.E. 22nd Street into two parcels. The western portion of the property is currently developed with a single family house and a beauty salon. The eastern portion of the property is vacant. The property was annexed into the City in 1988. The applicant has stated that the intention of subdividing the property is to construct two duplexes. The property is zoned RL (Low Density Residential) which allows up to six (6) units per acre. It also allows single family, multi-family and duplex structures at that density. However, a finding of compatibility needs to be made with any development proposal. The Planning and Zoning staff has concerns that the proposed duplexes are not compatible with the character of the surrounding neighborhood. Immediately adjacent to this property on all four sides are single family homes, and the zoning on three sides is R-1AA (Single Family Residential). Ms. Dominguez continued by stating that staff has been working with the Seacrest and Del-Ida neighborhoods for the past several months to develop a neighborhood plan for this entire area. This neighborhood plan is scheduled to be presented to the Planning and Zoning Board in December, 1997. The majority of the area is zoned for single family development, although there is some multi-family zoning. However, most of the existing multi- family development in the area (which is mostly along N.E. 3rd Avenue) does not conform to current code requirements and is way over the allowable density. This type of development has been a burden to the neighborhood and has created quite a few problems for the area. One of the main components of the neighborhood plan is to change the zoning of these areas in an effort to encourage more single family development. The subject proposal would be inconsistent with that direction. Ms. Dominguez noted the Comprehensive Plan's Housing Element Policy C-2.4 which states: "Development of remaining vacant properties which are zoned for residential purposes shall be developed in a manner which is consistent with adjacent -6- 11/18/97 development regardless of zoning designations. These policies shall be implemented through the review process associated with platting and site plans and shall be effective immediately." Ms. Dominguez stated that if the subject plat is approved, the applicant can then file for building permits. There is no site plan approval associated with duplexes. Hence, if the City Commission determines that duplexes are not consistent with surrounding development, then the appropriate action would be to deny the plat. No one from the audience wished to speak in support of the proposed plat. The following individuals spoke in opposition: Scott Christiansen, 10 N.E. 13th Street, President of the Seacrest Homeowners Association, stated that the Associa- tion's major concern is the increased density in the area. N.E. 22nd Avenue is fairly congested and the residents are already trying to deal with traffic situations. The Seacrest Homeowners Association has worked very closely with the Planning and Zoning Department in developing the neighborhood plan and it is felt that the proposed duplex development would be inconsistent with the goal of that plan and the Seacrest neighborhood. Chris Brown, Executive Director of the Community Redevelopment Agency, stated that the proposed development is not something the CRA Board would like to see happen in this neigh- borhood. Work on the neighborhood plan is nearly complete and one of the forthcoming recommendations will be to eliminate the multi-family zoned parcels within the neighborhood. Rich McGloin, 2275 North Swinton Avenue, stated it is generally acknowledged that the duplexes already existing in the neighborhood have caused problems and that downzoning for the area is a logical solution to curb any future growth of that type of situation. This is an element included in the neighborhood plan, the plan is well underway, and approval of the proposed plat would be a step backward for the neighborhood. At this point, the applicant's representative arrived at the meeting and, after having been duly sworn, addressed the City Commission. Burl Gentry, Gentry Engineering, representing the applicant, stated that the owner of the property was assured by the City at the time the property was annexed that he would be allowed to develop duplexes under the zoning classification assigned to the land when it came into the City. Mr. Gentry further stated that duplexes would not be incompatible with single family residential since they are basically two single family residences in a zero lot line concept. If properly constructed and maintained, they would not be a detriment to the neighborhood. 7 11/18/97 There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Egan commented that the Seacrest Homeowners Associ- ation is one of the hardest working associations in the City and the members have been working diligently to clean up their neighborhood. The neighborhood plan is nearly complete and the proposed plat is not consistent with the direction envisioned for this community. Mr. Egan moved to deny the boundary plat for the Hegstrom property based on failure to make positive findings with respect to Policy C-2.4 of the Housing Element of the Comprehen- sive Plan. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, Mr. Schmidt stated that a concern of the neighborhood association is that the multi-family or duplexes that are not owner-occupied, but rental, have contribut- ed to what has happened in part of that neighboorhood. He further commented that the intersection at N.E. 22nd Avenue and North Ridge Road is probably the worst intersection in the area as far as speeders and people running the stop sign going east on 22nd. The proposed plat would allow the potential for four additional units with cars at this location which in Mr. Sch- midt's view would create a really dangerous situation. 9.C. REQUEST FOR REIMBURSEMENT FROM EPOCh, INC.: Consider approval of a request from EPOCH, Inc. (Expanding & Preserving Our Cultural Heritage) for 50% reimbursement ($270.00) of expens- es incurred by board members attending the Florida Historic Preservation Advisory Council. The City Manager stated that this request for reim- bursement is beyond the type of expenditure that was originally presented to the Commission which is why it has been agendaed for consideration. If the Commission is inclined to approve it, there are funds available from the $10,000 originally allocated for planning services and he recommended that it should come out of these funds. Mr. Egan moved to approve the funding request from EPOCH, Inc. in the amount of $270.00, 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. Prior to roll call, Mr. Randolph cautioned against setting any type of precedent with respect to picking up the cost of meals associated with this type of expenditure. At this point, the Commission returned to Item 9.A. 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's action to deny a minor site plan modification request for The Check Cashing Store located at the southeast corner of Atlantic Avenue and S.W. 1st Avenue (48 W. Atlantic 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 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 explained that this is an appeal of an action taken by the Historic Preservation Board to deny a non-impacting site plan modification request for the Check Cashing Store located at 48 West Atlantic Avenue. The store is being rebuilt and is currently under construction. The property previously had two accessways off of Atlantic Avenue. The approved site plan calls for the elimination of one of those curb cuts as well as a curb cut along S.W. 1st Avenue, construction of a 14-space diagonal parking lot with a one-way driveway into the site from Atlantic Avenue and exiting onto the east/west alley at the rear of the site, and construction of a 9-space dead-end parking bay with access provided from the east/west alley. The applicant's initial proposal was to retain one of the existing 2-way drive- ways onto Atlantic Avenue, but the Historic Preservation Board wanted both accessways eliminated altogether to be consistent with provisions of the West Atlantic Avenue Redevelopment Plan. As a compromise, the driveway was reduced in length and converted to one way in order to provide for fewer potential vehicle-pedes- trian conflicts. This design requires that all vehicles exit the parking area via the east/west alley. Subsequent to the approval of that plan, a development proposal was received for the properties located at the southwest corner of Atlantic Avenue and Swinton Avenue to include the former gas station site as well as the historic two-story Rectory building also known as the Baxter House. This application involves unifying the parcels which are separated by a portion of the same east/west alley through an abandonment process. The alley in this location is only 13 feet in width since a 3 foot portion of it was previously abandoned to accommodate the en- croachment of the Rectory building. Staff supports the proposed abandonment in that the alley is substandard in this location and its abandonment will allow for a nicer development of the corner property tied in with the Rectory building. The proposed aban- donment does not affect the portion of the alley that abuts the Check Cashing Store. However, it will eliminate direct access to Swinton Avenue from the alley. -9- 11/18/97 Ms. Dominguez further stated that when the owner of the Check Cashing Store learned of this situation, he objected because his project had been designed to use the alley for access. Even though the abandonment does not affect the portion of the alley that his driveway exits onto, he felt that it does affect circulation in that he currently has the ability to exit east on the alley to Swinton Avenue. As a compromise acceptable to everyone involved, modifications to the Check Cashing Store site plan were proposed, including converting the approved 17 ft. wide one-way driveway on Atlantic Avenue to a 20 ft. wide two-way drive. Ms. Dominguez felt the compromise is consistent with the West Atlantic Avenue Redevelopment Plan in that the access points on Atlantic Avenue are reduced. The other benefit is that the proposed development of the corner property can move forward. The Historic Preservation Board considered the driveway modification on November 5, 1997. The Board approved a landscape waiver that was in conjunction with the driveway conversion, but then voted 3 to 2 to deny the actual site plan modification. There was very little discussion regarding the reason for the denial, but the board member making the motion stated that he felt the two-way drive was not necessary as adequate circulation would still exist if the alley to the east is abandoned. In conclusion, Ms. Dominguez stated the abandonment of the east/west alley is critical to the ultimate redevelopment of the corner property and the Rectory building. The alley is only 13 feet wide at this location and is a substandard travelway. It does not make sense to design a development around it. While its elimination will not significantly impede the circulation of vehicles exiting the Check Cashing Store, it will reduce their options. As a concession, it makes sense to allow the store to have a 2-way access onto Atlantic Avenue. While the West Atlan- tic Avenue Redevelopment Plan calls for the elimination of existing curb cuts along the avenue whenever possible, it allows the access to be retained when removal is impossible or inappro- priate. Given the changed circumstances resulting from the proposed abandonment, allowing the 2-way access is justified. Neither the Community Redevelopment Agency nor the West Atlantic Avenue Review Committee object to the 2-way drive. Therefore, staff recommends that the Commission reverse the action of the Historic Preservation Board, thereby approving the modification to the parking lot for the Check Cashing Store, including the conversion of the approved one-way access drive to a 2-way access drive. Rodney Romano, attorney representinq the applicant, stated that the request is simply to allow the widening of the driveway apron on Atlantic Avenue for the Check Cashing Store from 17 feet to 20 feet to allow for a two-way traffic flow in and out of that site. It will also allow his client to move forward with the proposed mixed use development for the corner property which will tie in the Rectory building. At this point, -lO- 11/18/97 Mr. Romano introduced Mr. John Szerdi, the architect for the corner property project. John Szerdl, architect, stated that he is an architect licensed to practice in the State of Florida. Mr. Szerdi then gave a brief description of the proposed project for the former gas station site and the Rectory building site, and how the appeal before the Commission fits into the development proposal. Chris Brown, Executive Director of the Community Redevelopment Aqency, stated that he and the CRA Board had the opportunity to evaluate both the proposal to widen the driveway apron for the Check Cashing Store and the proposal for the corner property redevelopment. Both he and the Board support the abandonment and driveway widening to allow two-way access onto Atlantic Avenue for the Check Cashing Store in the interest of achieving the greater good of the overall redevelopment of this very strategic location in the City. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Ellingsworth moved to reverse the action of the Historic Preservation Board, thereby approving the modification to the parking lot for the Check Cashing Store, including the conversion of the approved one-way access to a two-way access drive. 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. At this point, the City Manager asked that Item 9.E. be moved forward on the agenda since the Finance Director needed to leave shortly for another commitment. 9.E. RESOLUTION NO. 81-97 (Water and Sewer Revenue Refundin~ Bonds/Series 1997 A): Consider approval of Resolution No. 81-97 authorizing the negotiated sale of Water and Sewer Revenue Refunding Bonds, Series 1997 A, and providing for other details. The City Manager presented Resolution No. 81-97: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE NEGOTIATED SALE OF CITY OF DELRAY BEACH, FLORIDA, WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 1997 A, IN THE AGGREGATE PRINCIPAL AMOUNT OF $15,030,000; DETERMINING CERTAIN DETAILS OF SAID BONDS; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; APPROV- ING THE FORM OF, AND AUTHORIZING THE EXECU- TION AND DELIVERY OF A BOND PURCHASE AGREE- MENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM OF AND AUTHORIZING -11- 11/18/97 THE EXECUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE BONDS AND APPROVING, RATIFYING AND CONFIRMING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT BY THE UNDERWRITERS; AWARDING THE BONDS TO THE UNDERWRITERS; APPOINTING A PAYING AGENT; APPOINTING A REGISTRAR; AP- POINTING AN ESCROW AGENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; PROVIDING FOR A BOND INSURANCE POLICY AND SURETY FOR THE BONDS PROVIDED BY AMBAC ASSURANCE CORPORA- TION; AUTHORIZING THE BONDS TO BE REGISTERED UNDER A BOOK-ENTRY ONLY SYSTEM OF REGISTRA- TION AND APPROVING THE FORM OF AND AUTHORIZ- ING THE EXECUTION OF A BLANKET ISSUER LETTER OF REPRESENTATIONS IN CONNECTION THEREWITH; AMENDING THE 1997 SERIES RESOLUTION; APPROV- ING THE FORM OF AND AUTHORIZING THE EXECUTION OF A GUARANTY AGREEMENT WITH AMBAC ASSURANCE CORPORATION IN CONNECTION WITH THE PROVISION OF A SURETY BOND BY AMBAC ASSURANCE CORPORA- TION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 81-97 is on file in the City Clerk's office). Joe Safford, Finance Director, stated that Resolution No. 81-97 authorizes the sale of $15,030,000 Water & Sewer Revenue Refunding Bonds, Series 1997 A. The purpose of the Series 1997 A bond issuance is to refund the City's outstanding Water & Sewer Revenue Bonds, Series 1991B. Mr. Safford reported that the saving to be achieved by the City over the current debt service is $759,222. This represents a net percentage saving of 5.205%, which is net of all fees and costs to be incurred with the sale of the Series 1997 A bonds. At this point, Mr. Safford introduced Ms. Patti Gar- rett, Senior Managing Consultant with Public Financial Manage- ment, Inc., the City's independent financial advisor. Ms. Garrett made a brief presentation in which she reviewed the various components of the bond issue. Mr. Randolph moved to approve Resolution No. 81-97, 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. -12- 11/18/97 9.D. PROPOSED BILL AUTHORIZING DDA EXPANSION AND ASSOCIATED AMENDMENTS: Consider approval of the proposed bill authorizing the expansion of the Downtown Development Authority boundaries and associated amendments. David Tolces, Assistant City Attorney, explained that the proposed bill contains the amendments approved by the City Commission on November 4, 1997. The only additional amendment that needed to be addressed is set forth on page 20 of the proposed bill. In the event the expansion is approved and the subsequent referendum passes, it provides that the two new DDA Board members would be appointed on the July 1st following the referendum. The July 1st date is consistent with the current requirement that all DDA Board member appointments occur on July 1st. Mr. Tolces stated that if the Commission approves the proposed bill this evening, it will be forwarded to the local legislative delegation for presentation at the delegation's December 10, 1997, meeting. Mr. Egan moved to approve the proposed bill as drafted, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11. on the agenda. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated there were no public inquiries at the last meeting. 11.B. From the Public. Paul Pfeiffer, 820 N.W. 22nd Avenue, presented to the Commission his solution for addressing what he feels is a hazard- ous situation at the beach. Because of the way the signs at the beach are worded, they prohibit dog owners from walking with their dogs on the public sidewalk. They are forced to walk on the west side of A1A where there is no sidewalk if they want to get to either north or south of the public beach where, as he understands it, dog owners are allowed to exercise their pets. Mr. Pfeiffer suggested that the wording on the signs be changed to read, "No Dogs Allowed On Public Beach". He felt this would be a win-win solution since dogs would still not be allowed on the public beach, but pet owners would be allowed to use the safety of the public sidewalk to get to where they are going. Mr. Pfeiffer stressed that current standards of cleaning up after the pets would be maintained. He felt the cost of changing the -13- 11/18/97 signs would be quite low when compared to the legal and medical expenses that would be involved if someone or their pet were to be accidentally struck by a car because they were not allowed to walk in the safety of the public sidewalk. (A copy of the letter from R. Paul & Susan Pfeiffer is attached hereto and incorporated herein as an official part of these minutes.) Mayor Alperin informed Mr. Pfeiffer that the City Manager will respond at the next meeting. Stan Scheinberq, President of TroDic Isles Homeowners Association, presented a newspaper article from The Palm Beach Post concerning some dredging that was required in the canal between Deerfield Beach and Boca Raton. Mr. Scheinberg noted that the South Florida Water Management District acknowledged responsibility for paying a portion of the cost, and that both cities (Boca Raton and Deerfield Beach) are also going to pay a part of it. The article reported that the bulk of the cost (some $500,000) will come from the Florida Inland Navigation District, a state district which helps maintain the Intracoastal Waterway and gives money to local governments to improve water recreation. The City of Boca Raton will pay up to $60,000 using money from the Palm Beach County Boating Improvement Trust Fund, part of a state program that gives counties some of the funds derived from boating registration fees. Mr. Scheinberg felt it was important for the City of Delray Beach to be aware that these funds are available and perhaps can be used to keep the finger canals in Tropic Isles in pretty good shape. He urged the City to pursue these avenues as potential funding sources for the canals. At this point, the Commission moved to Item 13. on the agenda. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer The City Manager responded to a prior inquiry from Commissioner Egan concerning the status of the downtown traffic study. He reported that a draft of the study was presented to the Planning Department for review. The Planning staff met with the consultant about two weeks ago to discuss their comments and to request some refinement of the analysis. Staff is also in the process of amending the contract to have the consultant provide cost estimates for converting the one-way pairs to two-way traffic. It is expected that the consultant will present the findings to the City Commission in December, 1997. 13.B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission -14- 11/18/97 13.C.1. Commissioner Schzaidt stated that he had received a telephone call from the owner of a hair styling salon with a question about the City's requirements for occupational licenses. She was concerned that, under the City code, if someone were to come into her shop and rent space from her as an independent contractor, that person would require an occupational license with the City. She had someone approach her about such an arrangement and she told that individual that she would have to get an occupational license from the City and the County. The individual subsequently reported back to her that the City had informed her that she would not need occupational licenses in that case. So, the salon owner is confused in that under state statutes it is clear that occupational licenses would be required of an independent contractor, yet the individual interested in renting space was told by the City the licenses are not required. Mr. Schmidt asked for clarification so he could get back to the person making the inquiry. 13.C.2. Commissioner Eqan had no comments or inquiries. 13.C.3. Commissioner Ellingsworth had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin expressed his extreme distaste and displeasure about the postcard that was sent to Diane Dominguez, Director of Planning and Zoning, concerning a proposed develop- ment in the Sherwood Forest area. On behalf of the entire City Commission, he expressed disgust over such an infantile reaction and the fact that it was directed at a staff member. 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. 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 46-97: 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 -15- 11/18/97 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. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 46-97 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.B. 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. 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. Mayor Alperin publicly announced that consideration of Ordinance No. 47-97 on second and final reading has been post- poned, at the applicant's request, to the date certain of Decem- ber 2, 1997, at 7:00 p.m. 10.C. ORDINANCE 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. 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. QUASI-JUDICIAL gEARING 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 ADPROXI- -16- 11/18/97 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 and stated that the item would be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file into the record. There being no one else who, having been duly sworn, wished to address the City Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 48-97 on Second and FINAL Reading, seconded by Mr. Schmidt0 Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.C.1. CONDITIONAL USE REQUEST/AUTO AIR OF DELRAY: Consider a request for conditional use approval to establish a specialized service shop (Auto Air of Delray) at the former location of the Silk Garden Outlet on the east side of Dixie Highway, approxi- mately 170 feet south of La Mat Avenue. QUASI-JUDICIAL PROCEED- ING The City Attorney stated this item would be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file into the record. She stated that the Planning and Zoning Board -17- 11/18/97 considered this item at their meeting of November 17, 1997. The Board recommended approval, subject to the following conditions: (1) That the rezoning be approved by the City Commis- sion; (2) That the current landscape code violations be addressed as ordered by the Code Enforcement Board; (3) That the building be repainted to remove the mural (dropping the requirement that the building be repainted all one color to allow for a trim color); and (4) That there be no outside storage of equipment and parts, and that no repair work be conducted outdoors. There being no one else who, having been duly sworn, wished to address the City Commission, the proceeding was closed. Mr. Egan moved to approve the conditional use request for Auto Air of Delray, subject to the conditions recommended by the Planning and Zoning Board. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.D. 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. 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. 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 -18- 11/18/97 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. 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. The public hearing was closed. Mr. Schmidt moved to adopt Ordinance No. 50-97 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 51-97: An ordinance amending Section 4.3.4 (J) {1), "Height", and Appendix "A", "Definitions", of the Land Development Regulations to reduce the maximum height of residential structures in order to mitigate the effects of large home construction on adjacent properties and surrounding neigh- borhoods in single family zoning districts. If passed, a public hearing will be scheduled for December 2, 1997. The City Manager presented Ordinance No. 51-97: 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 DETACHED HOMES WEST OF A1A; AMENDING SECTION 4.3.4(J) (3), "EXCEPTIONS TO DISTRICT HEIGHT LIMITATIONS", TO PROVIDE HEIGHT LIMITS FOR BUILDING APPUR- TENANCES ON ALL SINGLE FAMILY AND DUPLEX STRUCTURES THROUGHOUT THE CITY OF DELRAY BEACH; AMENDING APPENDIX "A", "DEFINITIONS", BY MODIFYING THE DEFINITION OF BUILDING HEIGHT TO COMPORT WITH SECTION 4.3.4(J) (1); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -19- 11/18/97 (The official copy of Ordinance No. 51-97 is on file in the City Clerk's office.) The City Attorney read the caption of Ordinance No. 51-97. Mr. Egan stated that in view of the Commission's previous discussions and the fact that the consultant is being brought back in to revisit the large home issue, he did not feel this ordinance should move forward before getting the consul- tant's further input. There may be something the Commission is not aware of, and he would not want to approve this ordinance and then have to go back because something was overlooked or not considered. He felt the Commission should revisit the issue after hearing from the consultant. Mr. Ellingsworth stated that he basically agreed with Mr. Egan's comments. He also questioned if there is a need to define 'silos' for purposes of this ordinance? The City Manager felt this would not be necessary as there is a commonly accepted definition. Along this same line, Mr. Randolph suggested that 'cooling towers' be looked at as well. Mr. Schmidt stated that he concurred with Mr. Egan. He noted that the Commission had given the City Manager direction to proceed with this ordinance at the last meeting, but felt that it would be better to wait until everything else is considered. Mr. Randolph stated that he did not feel it was neces- sary to wait with respect to the height issue as addressed in the proposed ordinance. Mayor Alperin concurred with Mr. Randolph. The height issue was the one aspect there was no problem with and he felt the Commission should move forward with it. At this point, the City Attorney pointed out that in the ordinance as drafted, the definition of height is applicable for all single family detached homes west of A1A. In view of this, Mayor Alperin stated he would have to vote against the ordinance. Mr. Randolph moved to approve Ordinance No. 51-97 on FIRST Reading. The motion died for lack of a second. Mr. Egan moved to deny Ordinance No. 51-97 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. -20- 11/18/97 Prior to adjournment, Mayor Alperin asked if there were any additional comments from the City Attorney, the City Manager or the City Commission? The City Manager informed the Commission that he would be going up to Orlando on Thursday, November 20, 1997, to attend the Florida League of Cities' pre-legislative conference. Mayor Alperln asked if everyone was aware of the cable television problem at Banyan Creek Elementary School? He report- ed that the school does not have cable, even though he and the City Attorney have been working on it for some time. Adelphia is supposed to provide it according to their franchise agreement; however, they are refusing to do it because it is beyond their available drop line. They want $1,900 to do it. The Mayor stated that he would like to start putting some pressure from the City Commission on Adelphia and asked for Commission's approval to send a letter expressing displeasure at the company's failure to provide this service. It was the consensus of the City Commission to support this position. Mayor Alperin further commented about the excellent presentation at the November llth workshop about traffic calming measures. He stated he would like to see the City take advantage of any opportunities currently existing in neighborhoods where these types of measures could be employed right away, even on a trial basis. Mr. Schmidt suggested the intersection at N.E. 22nd Street and North Ridge Road. There being no further business, Mayor Alperin declared the meeting adjourned at 7:20 p.m. - ' Cie~ ' ///MAYOR-- The u~nde~sign~d 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 18, 1997, which minutes were formally approved and adopted by the City Commission on ~,~f277~J~D ~, /997 - ~ity ~l~k NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -21- 11/18/97 t t/9/97 from: R. Paul & Susan Pfeiffer 820 NW 22"~ Ave. Delray Beach, Fla. to: Delrey Beach City Council I would like to suggest a simple solution to a hazardous situation in this town. Because of the way they are worded, the signs along the public beach on AtA prevent dog owners from walking in the safety of the public sidewalk. They are forced to risk their pet's and their own safety by walking on the west side of the road to the north or south end of the Public Beach. It is not illegal, as I understand it, to exercise our pets past either end of the Public Beach on the private beaches. I suggest changing the wording on the signs on the beach to read, uNO DOGS ALLOWED ON PUBLIC BEACH". I think everyone wins if this is done. Dogs are still NOT allowed on the Public Beach and pet owners are allowed to use the safety of the public sidewalk to get where they are going. Of course current standards of cleaning up after our pets will be maintai~ed. The cost of changing the signs should be quite Iow when compared to the legal and medical expenses that would be involved if someone or their pet accidentally got struck by a car because they were not allowed to walk in the safety of the public sidewalk. Thank you for considering this suggestion. 8b~erely; I~,~ners R~'l~aul & Susan Pfeiffer 561-272-O323