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03-05-96 MARCH 5, 1996 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, March 5, 1996. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Mayor Thomas E. Lynch Absent - Commissioner Barbara Smith Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Dr. Alperin requested that Item 8.F., AGREEMENT FOR SIDEWALK IMPROVEMENTS/GLEASON STREET TOWNHOMES, Consent Agenda, be moved to Item 9.A.A. on the Regular Agenda. Mayor Lynch stated that the two items under Item 7, Presentations will be considered in reversed order. Mr. Ellingsworth moved to approve the Agenda, as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved to approve the Minutes of the Regu- lar Meeting of February 20, 1996, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.A. Recognizinq the City of Jerusalem's Trimillenium and supporting the 16th Jerusalem Conference of Mayors to be held March 18-23, 1996. Mayor read and presented a proclamation recognizing the City of Jersualem's Trimillenium and supporting the 16th Jerusa- lem Conference of Mayors to be held March 18 through 23, 1996. Philip Schlander, Chairman of the Jewish Community Relations Council of the South Palm Beach County Jewish Federation came forward and accepted the proclamation. 6.B. OF NOTE: Parkinson's Disease Awareness Month - April, 1996. Mayor Lynch presented a proclamation recognizing the month of April, 1996 as Parkinson's Disease Awareness Month. 7. Presentations: 7.A. Carol Blacharski, Principal - Japanese Program at Carver Middle School. Carol Blacharski, Principal of Carver Middle School, presented paintings which were prepared by students which had been on display at Old School Square. During the month of March, the country of Japan is going to be the focus for the students and faculty at Carver Middle School. The Morikami Museum will be helping students design a Japanese garden in the center courtyard of the school. Also, the school has been offered the Wisdom Ring which was given to the City of Delray Beach by its Sister City, Miyazu, Japan which will also be on display. The Parks and Recreation Department has offered assistance along with many residents of the community to help in this endeavor. A local artist will assist the students with painting an 18 ft. mural on the racketball court facing Atlantic Avenue. The school year month end with a video conference via of the Internet with the middle school in Miyazu. Ms. Blacharski expressed appreciation to the Commission and extended an invitation to everyone to attend a festival which will be held at the Carver Middle School on March 29, 1996. 7.B.. Sandra Eriksson - 1995 City Golf Championship Awards: Women's Championship Horty Amernick Women's First Flight Wanda Goodleaf Men's Championship Randy Morcroft Men's First Flight - Gerry Laffin Men's Second Flight John Weaver Senior Men - Bob Bednarski Super-Seniors - Ted Hobson Sandra Eriksson, Golf Professional at the Municipal Golf Course, presented the 1995 City Golf Championship Awards to each of the individuals who won in their prospective levels. She noted that Wanda Goodleaf and Randy Morcroft were unable to attend tonight's meeting. 2 3/05/96 8. CONSENT AGENDA: City Manager recommends approval. 8.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 96-1: Formally initiate Comprehensive Plan Amendment 96-1 pursuant to LDR Section 9.2.1. 8.B. FUNDING SUBSIDIES/DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies for two eligible applicants under the Delray Beach Renaissance Program, totaling $18,270; $13,702.50 from HOME (Account No. 118-1923-554-83.01), and $4,567.50 from SHIP (Account No. 118-1924-554-83.01). 8.C. RESOLUTION NO. 20-96: Adopt a resolution endorsing State House Bill 257 and companion State Senate Bill 200, making it an act of child abuse for a person 21 years of age or older to impregnate a child under 16 years of age, and that such crime would constitute a felony of the third degree. The caption of Resolution No. 20-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OP THE CITY OF DELRAY BEACH, FLORIDA, ENDORSING STATE HOUSE BILL 257 AND COMPANION STATE SENATE BILL 200, MAKING IT AN ACT OF CHILD ABUSE FOR A PERSON 21 YEARS OF AGE OR OLDER TO IMPREGNATE A CHILD UNDER 16 YEARS OF AGE, AND THAT SUCH CRIME WOULD CONSTITUTE A FELONY OF THE THIRD DEGREE; AND FOR OTHER PURPOSES; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 20-96 is on file in the offi- cial Resolution Book) 8.D. RESOLUTION NO. 21-96: Adopt a resolution authorizing the City to acquire three vacant lots on S.W. 13th Avenue (Lots 2, 3 and 5, Block 4, Atlantic Park Gardens) to provide for hous- ing pursuant to the City's Affordable Housing Program, and ac- cepting the Contract for Sale and Purchase, in the amount of $24,000 from Housing and Urban Development - Land Acquisition 118-1974-554-61.10. The caption of Resolution No. 21-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. -3- 3/05/96 (Copy of Resolution No. 21-96 is on file in the offi- cial Resolution Book) 8.E. ASSIGNMENT AGREEMENT/HABITAT FOR HUMANITY: Approve an assignment agreement between the City and Habitat for Humanity of Boca-Delray wherein the City will assign its interest in the Atlantic Park Gardens property authorized for acquisition by Resolution No. 21-96. 8.F. THIS ITEM WAS MOVED TO THE REGULAR AGENDA (ITEM 9.A.A.) 8.G. AMENDMENT TO AGREEMENT WITH PALM BEACH COUNTY FOR FUNDING OF LAKE IDA ROAD IMPROVEMENTS: Approve an amendment to the agreement with Palm Beach County, fixing the cost for con- structing City designed improvements on Lake Ida Road from Swinton Avenue to N.E. 2nd Avenue at $243,378.70. 8.H. FINAL PAYMENT/GEE AND JENSON: Approve final payment in the amount of $1,313 to Gee and Jensen for construction adminis- tration services on the Pompey Park pool and bath house project, with funding from 334-4170-572-63.45. 8.I. AGREEMENT WITH PULTE HOMES REGARDING WATER MAIN CON- STRUCTION FOR KOKOMO KEY: Approve an agreement between the City and Pulte Home Corporation to allow for the installation of an 8 inch water main to serve the Kokomo Key development on North Pederal Highway. 8.J. COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS: Ratify the collective bar- gaining agreement between the City and the International Brother- hood of Firemen and Oilers, AFL-CIO Local 1227. ~.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period February 19 through March 1, 1996. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Cummins Southeastern Power, Inc. for the purchase of a trailer-mounted 175kw generator, in the amount of $55,205 from 441-5161-536-64.90. 2. Bid award to Bermuda Landscaping and Design, Inc. for the West Atlantic Gateway Parks landscaping, in the amount of $55,148.50 from 334-4141-572-61.60. 3. Bid award to Castle Building Corporation for the Vista Del Mar irrigation and landscaping improve- ments, in the amount of $22,370.40 from 334-4141-572-63.20. -4- 3/05/96 4. Bid award to Lanzo Lining Systems (via Miami-Dade Water and Sewer Department contract) for sanitary sewer rehabilitation, in the amount of $28,160 from 442-5178-536-63.51. 5. Bid award to Maroone Chevrolet and Heintzelmans Trucks for replacement vehicles for various de- partments, in the total amount of $147,604 from 501-3312-591-64.20. Mr. Ellingsworth moved to approve the Consent Agenda, as amended, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA 9.A.A. AGREEMENT FOR SIDEWALK IMPROVEMENTS/GLEASON STREET TOWNHOMES: Approve an agreement between the City and Ainsley Crescent Corporation to allow the waiver of the requirement to construct sidewalks in conjunction with the Gleason Street Townhomes project until such time that the City requires side- walks to be constructed along the entire length of Gleason Street. Dr. Alperin pointed out that Item No. 2, page 2 of the agreement, does not reflect the Commission's direction which was made at the meeting of February 6, 1996. At that time the appli- cant was requested, at his expense, to install the sidewalk at a future date upon demand by the City. It was recommended by the City Attorney that the agree- ment be modified to read "when the City requires sidewalks to be constructed" Dr. Alperin moved to approve the agreement for sidewalk improvements for the Gleason Street Townhomes subject to the modification as recommended by the City Attorney, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.A. SILVER TERRACE REDEVELOPMENT PLAN: Consider adoption of the Silver Terrace Redevelopment Plan and initiation of Future Land Use Map amendments and rezonings necessary for its implemen- tation. Jeff Perkins, Redevelopment Planner, presented an overview of the Silver Terrace Redevelopment Plan. He noted that the redevelopment has been an ongoing project during the last several years with input from the residents and numerous meet- ings, workshops and hearings held by the Planning and Zoning -5- 3/05/96 Board. At its meeting of February 26, 1996, the Planning and Zoning Board recommended approval of the redevelopment plan. Lengthy discussion ensued regarding the issue of rezon- ing the entire subdivision to SAD (Special Activities District). It was determined that the SAD would allow more control which will provide the flexibility to deal with the unique problems in this area. Mr. Ellingsworth complimented staff for their work on the redevelopment plan and that it has taken approximately eight years of tedious work to complete this study. MrJ Ellingsworth moved to adopt the Silver Terrace Redevelopment Plan, initiate the Future Land Use Map amendments and rezonings necessary for the implementation of the Plan, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. On behalf of the City Commission, Mayor Lynch expressed appreciation to the residents and property owners of Silver Terrace for their patience and cooperation. 9.B. TROPIC BOULEVARD CURB AND SIDEWALK PROJECT: Consider a request to expand the sidewalk and curb improvement project on Tropic Boulevard to include a sidewalk on the south side of the street and new curbing for the medians. The City Manager stated that sidewalks were installed on both sides of LaMat Avenue and Eve Street has been closed off. This street closure has further increased vehicular traffic on Tropic Boulevard. The City Manager pointed out that staff feels the new curbing is not necessary since there is not much evidence of vehicular damage to the medians. Robert A. Barcinski, Assistant City Manager, estimated the cost for installation of a sidewalk on the south side of Tropic Boulevard to the alley at $500 to $600 which would cover the cost of materials. The work itself would be done by City staff. After discussion, Mr. Ellingsworth moved to approve completing the project with the installation of sidewalks on both sides of Tropic Boulevard but not the median curbing, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.C. CONCEPTUAL APPROVAL AGREEMENT FOR SANDOWAY HOUSE: Consider a Conceptual Approval Agreement between the Florida Communities Trust (FCT), the City and Palm Beach County regarding the Sandoway House property. -6- 3/05/96 Dr. Alperin asked why the word "conceptual" was used to describe the approval agreement? In response, the City Attorney noted this is the way it is described in the State Statues and the Administrative Code. Actually, it is the concept of what is being done and that the agreement is considered conceptual in nature. Mr. Randolph moved to approve the Conceptual Approval Agreement between the Florida Communities Trust (FCT), the City and Palm Beach County regarding the Sandoway House property, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.D. RESOLUTION NO. 19-96: Consider a resolution vacating and abandoning a portion of the north/south alley right-of-way lying west of and adjacent to Lots 26 and 27 within Las Palmas Subdivision, located at the northwest corner of N.E. 4th Street and Palm Trail. City Manager recommends alternative action. The caption of Resolution No. 19-96 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING WEST OF AND ADJACENT TO LOTS 26 AND 27, LAS PALM_AS SUBDIVISION, AS MORE PARTICULARLY DESCRIBED HEREIN. (Copy of Resolution No. 19-96 is on file in the offi- cial Resolution Book) Mayor Lynch inquired why the entire block, including the block south, was not included in the abandonment? Diane Dominguez, Planning Director, explained that the Land Development Regulations require the City to receive signed petitions from every property owner and that these petitions become part of the application. This is a very time consuming job and difficult to accomplish. She suggested that the Land Development Regulations be amended in order to do this. Other- wise, there are a lot of alleyways throughout the City which will probably never be improved. It was pointed out by the City Attorney that consent would be needed for the easements back from these property owners for utility purposes. It was suggested by Mayor Lynch that the homeowner associations should be informed as to the City's intentions and get them involved in the process. 7 3/05/96 Ms. Dominguez noted that the property has been sold and the previous owner has come forward with the request for abandon- ment in order to rectify the problem. The Planning and Zoning Board considered this item at its meeting of February 26, 1996 and recommended approval. Dr. Alperin moved to adopt Resolution No. 19-66, sec- onded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.E. PROCEDURES FOR REVIEW AND PROCESSING OF TRAFFIC MODIFI- CATION MEASURES: Consider adoption of procedures for the review and processing of traffic modification measures in neighborhoods, including street closures. John Walker, Project Coordinator, noted that at its meeting of February 6, 1996, the Planning and Zoning Board recom- mended the City Commission adopt the procedures as contained in the P&Z Board memorandum Staff report, with the following change: 'That the limits of the area addressed under "Initiation of Pro- cess'' be clarified' Dr. Alperin moved to adopt procedures for the review and processing of traffic modification measures as recommended by the Planning and Zoning Board, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.F. GARBAGE COLLECTION SURVEY RESULTS: Consider the re- sults of the garbage collection survey on curbside vs. rear door service. The City Manager informed the Commission of an updated garbage collection survey which reflects several changes. The beach area, by a one vote margin, is in favor of keeping the rear door collection; and, the Spanish Wells neighborhood, by a two vote margin, prefers curbside pickup. The letter which accompa- nied the survey informed residents of current garbage collection costs. Since all bids have not been submitted, there is no way to tell what the cost savings will be at this point. The City Manager stated that depending on the results of the survey, the Commission can make its decision at the time the award of bid is considered as to the service for each section of town. After discussion, it was the consensus of the Commis- sion to direct staff to proceed with the the Request For Propos- als (RFP). 8 3/05/96 9.G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Ap- point a member to the Historic Preservation Board to fill an unexpired term ending August 31, 1996. Appointment by Mayor Lynch. Mayor Lynch stated that he wished to defer his appoint- ment to the next meeting. Mr. Ellingsworth moved to postpone the appointment to the Historic Preservation Board to the Regular Meeting of March 19, 1996, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 8-96: An ordinance modifying the Commu- nity Redevelopment Plan to accommodate changes to Project #2.4, "Downtown Mixed Use Redevelopment Project", and to establish the "Grant Administration Program". The City Manager presented Ordinance No. 8-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6) (7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 8-96 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. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 8-96 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor -9- 3/05/96 Lynch - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 11-96: An ordinance modifying the ap- proved Waterford Place/Delint Special Activities District (SAD) to replace 322,413 square feet of office space with a 300 unit apartment complex and a 78 room residence/business hotel. QUA- SI-JUDICIAL HEARING The City Manager presented Ordinance No. 11-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-84, AS AMENDED BY ORDINANCE NOS. 96-87; 68-89 AND 64-92, WHICH COMPRISE THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE FOR THE WATERFORD PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT, LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND LINDELL BOULEVARD, BY MODIFYING THE ALLOWABLE USES OF LAND; APPROVING A REVISED MASTER DEVELOPMENT PLAN; ESTABLISHING CONDITIONS OF APPROVAL FOR FURTHER DEVELOPMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 11-96 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. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney informed the Commission of recent changes to the ordinance (than that which was included in the agenda packets). These changes are as follows: Section 2. "Certificate of Occupancy shall be issued for the hotel prior to issuance of a final Certificate of Occu- pancy for the apartment complex". Section 3, Paragraph (3), should read "That additional pedestrian ways shall be required ....... " The City Clerk swore in those individuals who wished to give testimony on this item. -10- 3/05/96 Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents which includes future files of the SAD and the FLUM amendment. The action tonight involves changes to the SAD ordinance as it applies to the Waterford Development of Regional Impact (DRI) . If approved, this ordi- nance will not become affective until the Future Land Use Map amendment is approved which was transmitted to the Department of Community Affairs. A response is expected from DCA sometime next month. The change involves the elimination of the remaining approved office use which is to be replaced by an apartment complex and a residence hotel. The apartments include 300 units on 31 acres on the property. The complex consists of luxury units and the amenities will include two clubhouses, two heated pools with spas, tennis courts, basketball and volleyball courts. The hotel will consist of 78 rooms that will be a combination of studio, one and two bedroom suites, a meeting room and a small social room. The overall site plan was submitted with the SAD Ordinance, and if approved, the specific plan will be reviewed by the Site Plan Review and Appearance Board for final approval. At First Reading of the ordinance, public testimony was received along with comments from the Palm Beach County Planning Director. The Commission authorized the transmittal of the FLUM amendment to the State. The Planning Director stated that the uses will be compatible with the surrounding uses and the commercial develop- ment in the area. This use will have less of an impact than that of the office development. The hotel, in particular, helps to fulfill one of the remaining land use needs of the City. That the housing study which was conducted indicated a need for luxury apartments. The apartment complex will reflect an impact on the school population which will more than likely have a positive impact upon the racial balance on the various schools. The Planning and Zoning Board, as the Local Planning Agency, considered the project at a public hearing on January 22, 1996 and voted 5 to 1 to recommend that the SAD Zoning Ordinance be amended based on positive findings. Alan Ciklin, Attorney, stated that at the Commission Regular Meeting of February 6, 1996 he had forgotten to mention that there is an extra impact fee that is in the Development Order. He explained that when this project was originally ap- proved in 1984 there were no countywide or City impact fees. Because the project generated a lot of traffic, the City and the Municipal Planning Organization placed a condition on the approv- al of the project of a payment of 50 cents per square foot for the office and the industrial to offset the traffic generated upon the issuance of Certificate of Occupancy. Also, since that time the County has adopted a Countywide Impact Fee which is considerably more than that and this project will be paying those impact fees. The amount of road impact fees for this project is -11- 3/05/96 $383,923.00. In addition, this project will be providing turning lanes, and a traffic light, if warranted. Mr. Ciklin reported that the recreational impact fees for this project is $150,000.00 and asked that this be eliminated from the Development Order. There being no one else who wished to give testimony on this item, the public hearing was closed. Mayor Lynch asked if the City or the County would receive funds from the road impact fees? In response, Mr. Ciklin read into the record the lan- guage of the condition as set forth in 1984: "That the developer shall contribute an additional 50 cents per square foot for all office and industrial buildings to be paid to the City of Delray Beach at the time of issuance of Certificates of Occupancies. The fund shall be placed into a roadway trust fund by the City and transmitted to Palm Beach County upon the establishment by the County of a Special Purpose Impact Fee for the creation of additional interchange capacity for Interstate 1-95 within the project's area of impact" Should Palm Beach County decide not to establish such a fee, the fund shall be used by the City for roadway improvements within the impact area" Mr. Ciklin stated that this Special Purpose Impact Fee was never established and noted that the project no longer has industrial uses. Dr. Alperin asked if any of this money was planned for roadway improvements on S.W. 10th Avenue? Ms. Dominguez stated the conditions are the same as for the Builders Square project since the County adopted the Countywide Impact Fee Ordinance. The 50 cents per square foot for Builders Square was applied to the improvements on S.W. 10th Avenue. Mr. Ciklin explained that the extension of S.W. 10th Avenue, north of Linton Boulevard, was included with the approval as suggested by the Commission at the time the Builders Square project was approved. In addition to the $286,000.00 that the developer paid for the impact fees for the Builders Square project and the $112,000.00 of the 50 cents per square foot which was earmarked for S.W. 10th Avenue, the developer was required to pay yet another $286,000.00 which the County agreed to let the City have for these roadway improvements. Dr. Alperin asked if there are any additional expenses for roadway improvements at the City's expense resulting from this project? John Walker, Project Coordinator, pointed out that there are several possible roadway improvements that the City may need to undertake in the near future, such as a segment of S.W. 10th Avenue which may have to be widen to four lanes between Lindell and Linton Boulevards. If the developer does not pay for -12- 3/05/96 these roadway improvements, then the City will have to pay. Upon question regarding the potential cost for this particular im- provement, Mr. Walker estimated that it would be approximately $100,000.00 to complete the roadway improvements to S.W. 10th Avenue which is two thirds completed. Discussion ensued. There was a consensus that should this project add increased traffic impact to the roadways, then the developer would pay the additional fees as needed. If there is additional cost to the City, then the developer would be responsible for the impact fees and Mr. Ciklin agreed. Dr. Alperin suggested that the developer consider contributing 5 acres of the parcel to the School Board for an Early Learning Center in exchange for keeping the same number of apartment units. This would be extremely beneficial to the City and would also make this property more valuable. Mr. Ellingsworth moved to adopt Ordinance No. 11-96 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. In response to Mrs. Feldman's request regarding street lighting on Homewood Boulevard from Linton Boulevard north to Atlantic Avenue, the City Manager reported that staff is still checking on the situation and that there may be a need to in- crease the lumens of the lights. Regarding a prior inquiry relative to the condition of the center median islands on Lindell Boulevard, between Federal Highway and Tropic Palms, the City Manager stated that he did not see any evidence of people intentionally driving on the medians and felt that cars drive onto the median islands to avoid stand- ing water in the roadway. The City Manager recommended that additional curbing should not be installed until the streets are reworked and the drainage problem is resolved. ll.B. From the Public. There were no inquiries or comments from the public at the last meeting. 12. FIRST READINGS: 12.A. ORDINANCE NO. 13-96: An ordinance amending LDR Section 6.3.3, "Movable Fixtures within the Right-of-way", to provide for -13- 3/05/96 regulations on the placement, appearance and maintenance of newsracks. If passed, public hearing on March 19, 1996. The City Manager presented Ordinance No. 13-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3 "USE AND WORK IN THE PUBLIC RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS ON THE PLACEMENT, APPEARANCE, AND MAINTENANCE OF NEWSP~ACKS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 13-96 is on file in the official Ordinance Book) Jerry Budney, Attorney representing The Miami Herald Newspaper, expressed concern of a provision in the ordinance that prohibits newsracks from being placed on sod and the provision that newsracks cannot be placed on the sidewalk unless there is clearance of 40 inches for pedestrians to pass. He pointed out that unless the sidewalk is 5 feet wide, there is no room for the newsracks display and that presents a problem. Mr. Budney made reference to other municipalities who have passed newsrack ordi- nances and suggested that the City consider installing a con- crete slab similar to those which were installed at Boca De Mar. Joe Kamarata, representing the Tropic Palms Homeowners Association, felt that the City should not pay for the costs of concrete slabs, wood structures or the like. He also felt the newspapers should pay the costs to display their own products and the responsibility should not rest upon the taxpayers. Gary Strand, Palm Beach Post, stated that approximately nine months ago the Palm Beach Post initiated a rack replacement program in Delrayo The replacement of galvanized racks will cost the publisher approximately $67,000.00 in this city alone. Mr. Strand noted that rack sales are extremely important, especially for senior citizens who live on fixed incomes. The newsracks also will allow individuals the opportunity to select other publications. If a newsrack is removed from a residential area the residents will drive to the nearest store in order to pur- chase a newspaper. Mr. Strand pointed out that the papers try to be good citizens and are not out to do business at the expense of a community. Chris Simon, Palm Beach Post, addressed several issues of the proposed ordinance. The issue of uniformity is a tremen- dous concern to all the newspapers. She noted that several cities in the County had started out with the intention of uni- -14- 3/05/96 formity; however, they dismissed this idea. Of particular con- cern for her newspaper is that all racks remain in top condition. The proposed uniformity requirement would require the Palm Beach Post to remove all the racks after already spending additional money above the $67,000.00 which was spent for the rack replace- ment program in order to be in compliance. Secondly, in the event of the issuance of a hurricane warning, the newsrack has to be removed. Ms. Simon explained that the newspapers have experi- enced every type of situation and have implemented procedures that are completely effective during severe storm conditions. In some cases, the racks have to be removed; however, it is not always necessary. Sometimes the newspapers use "earth anchors" which are metal stakes about 3 feet long with a loop which is driven into the ground and a rack is secured to that stake with a chain. However, in the event of a hurricane of a category 5 or 6 magnitude, the racks definitely have to be removed. Sometimes the racks are laid sideways on the ground and chained together and this was proven to be successful. The newspapers are not in the business of losing money on their newsracks and they want their racks to be preserved and in the very best of condition. Lastly, Ms. Simon objected to provision Item (10) regarding the placement of racks in single family residences as several commu- nities do not have sidewalks. Kathy Pellelrino, representing the Sun Sentinel, noted similar concerns as those voiced previously and acknowledged that the Sun Sentinel is very much aware that some newsracks need to be improved. The Sun Sentinel is concerned of color requirement and that their color (yellow) is very important in communicating to an individual that he can purchase this newspaper at a partic- ular location. In addition, the requirement for customized racks makes it more difficult for replacement. The provision which requires the name of the newspaper to be centered 15" from the top of the cabinet would place the newspaper's name within the plastic area of a majority of racks. Also, the newspaper is concerned regarding the hurricane provision as they also have had success in laying the cabinets on the ground and chaining them together. The Sun Sentinel has invested between $75,000.00 to $100,000 for 150 racks in the City and are concerned of potential losses. The rack placement provision is also a concern as it would greatly limit the number of racks within the City. Tom Trento, President of the Bass Creek Homeowners Association and representing New Homes Publishing, Show and Tell Publications and Auto Trader stated that the newspapers wish to protect the aesthetics of the racks. His major concern was that of uniformity and concurred with comments expressed previously as these concerns were also unacceptable to the publications he represents. Mr. Trento urged the Commission to consider the publishers' First Amendment Rights. Dr. Alperin stated that he was amazed over the number of newsracks in the City and suggested that the amount be limited via permits, bonding, or limit per square mile. In regard to the -15- 3/05/96 provision of 40 inches cleared area on a sidewalk, Dr. Alperin emphasized that sidewalks are for pedestrian use and suggested that the provision be changed to 60 inches so that two people can walk side-by-side on the sidewalk. He preferred not to look at the different colors on the cabinets and felt that an individual who wished to purchase a newspaper only has to read the name to make his selection. Dr. Alperin felt that a timeframe of 180 days for the ordinance to become effective was too long and felt that 30 or 60 days would be more reasonable. He stated that he would be willing to consider a specific number of racks at certain locations in the City providing there is a permit fee to cover the City's costs for installation and maintenance. In conclu- sion, Dr. Alperin felt that the ordinance is extremely liberal but would be willing to approve the ordinance on First Reading. David Tolces, Assistant City Attorney, noted that the newspapers would need a sufficient amount of time in order to come into compliance. The ordinance which the City of Coral Gables adopted requires a fee and bond requirements which pro- vides monies to repair sidewalks after a newsrack has been re- moved. From an administrative viewpoint, Mr. Tolces felt this would only add to the cost. Mr. Ellingsworth agreed with the newspapers' concerns regarding the hurricane provision and the racks are not going to move once they have been secured (laid down and chained). He suggested that other methods be considered rather then removal. He preferred uniformity as they would look better aesthetically and that the City should rent the space out to pay for mainte- nance and installation costs Mr. Randolph suggested that newsracks located in grassy areas have sod damaged as a result of mid-size trucks filling up the racks. In regard to the hurricane provision, Mr. Randolph agreed other methods can be accomplished to secure the cabinets rather than removal. He realized that the newspapers have to make a profit; however, everyone has to be cognizant that one of the objectives of the ordinance is that of a nice appearance throughout the City. Mayor Lynch felt that the newspapers have been unfair. Since 1993, the City had tried to negotiate with the newspaper publishers; however, they were not receptive and had voiced their First Amendment Rights. He felt that the ordinance adopted by Boca Del Mar makes the most sense by having the racks closed in, either by lattice or shrubbery. He suggested that the newspapers should pay the initial costs, including an annual replacement fee. Mayor Lynch emphasized that the newspapers have sat on this for three years and now is the time to work out an accept- able solution. He suggested that the ordinance be passed at First Reading; discuss the issues at the Workshop Meeting on March 12, 1996; the necessary amendments can then be made to the -16- 3/05/96 ordinance. He stated that he would like to vote on the final passage. Dr. Alperin moved to approve Ordinance No. 13-96 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 12.B. ORDINANCE NO. 14-96: An ordinance amending Chapter 100, "Nuisances", of the City Code by enacting a new Section 100.09, "Lands To Be Kept Free Of Palm Trees Infected With Lethal Yellowing" Recommend adoption as an emergency ordinance. The City Manager presented Ordinance No. 14-96: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100, "NUISANCES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY ENACTING A NEW SECTION 100.09, "LANDS TO BE KEPT FREE OF PALM TREES INFECTED WITH LETHAL YELLOWING"; TO PROVIDE FOR THE DECLARATION OF NUISANCE; AUTHORIZING INSPECTIONS AND REMOVAL OF INFECTED PALM TREES; NOTICE PROCEDURES; LIEN PROVISIONS, AND PENALTIES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (Copy of Ordinance No. 14-96 is on file in the official Ordinance Book) Mayor Lynch opened the floor for public comments. Joe Kamarata, Tropic Palms Subdivision, inquired if it all diseased trees have to be removed whether they were located in the rear or front yards? He stated that he has lost several trees and there is a possibility that his neighbor's trees might be infected. Nancy Davila, City Horticulturist, responded that all diseased trees within the City have to be removed since the disease is highly contagious and is spread by insects which are plant leaf hoppers (Mendus Crudus). The trees have an 80% resis- tance and that the majority of existing trees were those which were planted to replace the diseased palms back in the late 1980's and early 1990's. In regard to the process, Ms. Davila pointed out that it takes approximately six months for a diseased tree to die; however, the insects continue to feed off the green leaves while the tree is going through this process. Upon question by Mr. Ellingsworth as to the type of trees which are susceptible to lethal yellowing, Ms. Davila stated that fortunately the Sable, Queen and Royal Palms are not -17- 3/05/96 susceptible to lethal yellowing; however, there are approximately 20 other species of palms which are susceptible. There being no one else to address the Commission on this issue, Mayor Lynch closed for floor for public comment. Mr. Randolph moved to adopt Ordinance No. 14-96 as an emergency basis, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Alperin - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. In response to Mrs. Smith's inquiry regarding the status of construction on S.E. 2nd Avenue, the City Manager reported that the contractor, Hardrives of Delray, Inc., is presently conducting underground work and when this is finished the road construction should be completed soon. Regarding Mr. Ellingsworth's request for a report on the number of traffic accidents which have occurred at the inter- section of N.E. 5th Avenue and N.E. 1st Street, the City Manager reported that there were seven accidents at that intersection during 1995. The accident history consists of four vehicles running red lights (one which involved a bicycle); one improper turn across the street on N.E. 1st Street; one rear-end collision involving cars on southbound Federal Highway; and, one car which hit an improperly parked vehicle. Mr. Ellingsworth commented that there are traffic lights that seem to have some sort of buffer or screened area. He suggested that these traffic lights could be checked to see if something could be done to correct the situation. Also, in regard to the accident which resulted from improper changing of lanes. Mr. Ellingsworth suggested that a left turn arrow or a straight ahead directional arrow painted on the roadway could help alleviate the problem. In response, the City Manager stated that he would have staff check into the matter. Regarding the joint work session with the Commission and the Parking Management Team, the City Manager stated that the meeting was tentatively scheduled for March 12, 1996; however, the P.M.T. has requested a single purpose meeting on another date. After discussion, it was the consensus of the Commis- sion to retain the discussion with the Parking Management Team for the Workshop Meeting of March 12, 1996. -18- 3/05/96 13.B. City Attorney. The City Attorney stated she is in continued discus- sions with Mr. Patel, owner of property on Seacrest Boulevard that the City is interested in purchasing. She explained that Mr. Patel has asked that the Commission be made aware of his expenses and asked that his expense list be distributed at this evening's meeting. The City Attorney informed the Commission that Mr. Patel is asking a purchase price of $69,500.00 for the property. She asked direction as to whether or not she should continue negotiating with the property owner. The Commission directed the City Attorney to proceed with the negotiations for acquisition of the property with a purchase price ranging from $60,000.00 to $65,000.00 maximum, assuming that all environmental concerns have been addressed. 13.C. City Commission 13.C.1. Dr. Alperin stated that he had attended the Education Board's meeting on Monday, March 4, 1996 and it looks very prom- ising that the new Carver Middle School will be getting an Inter- national Baccalaureate Program. He pointed out it also looks like Pine Grove Elementary School will become a magnet for a Fine Arts Program. Secondly, Dr. Alperin noted that the Delray Full Ser- vice Center is having some problems. It seems that the teachers at the facility are not certified for the classes which they are teaching. He emphasized that many of the students attending the Full Service Center are having behavioral problems and are mixed in with other students who do not have such problems. Dr. Alperin felt that the School Board is once again telling the City one thing and then doing something else. The community is con- cerned about this situation and will be coming to the City for answers. Dr. Alperin pointed out he feels the parents are justi- fied in their concerns. Lastly, Dr. Alperin stated that the Concurrency Task Force is working on an ordinance regarding growth of schools. He thought that it is was very interesting that 80% of the growth is coming from the already developed eastern areas of the County; and only 20% are coming from the western communities; however, the growth in new schools has been in the west. This eastern growth rate appears to be throughout Palm Beach County. 13.C. 2. Mr. Randolph stated that he understood there are new surveillance cameras which have the ability to pick up longer distances that are being tested by the Sheriff's office and other cities in Palm Beach County. If at all possible, perhaps the Police Department could consider testing and/or purchasing this new equipment? -19- 3/05/96 Mayor Lynch commented that it was his understanding that at the present time there are only 5 to 10 such cameras in the County which currently are being tested. Mr. Randolph suggested that if possible, it would be to the City's advantage for the Police Department to use these long distance cameras for surveillance of drug activities. 13.C.3. Mayor Lynch noted that Pompey Park is charging a fee for the use of the new swimming pool and the fee is $1.00 for children and $1.50 for teens. He emphasized that the children who live in the community are the ones who could least afford it. Mayor Lynch felt the City does not need this type of revenue and suggested that staff look into the matter. Mayor Lynch passed a letter to the City Manager which he received from County Commissioner Burr Aaronson regarding the upcoming Film Festival. The City of West Palm Beach is contrib- uting to the Film Festival which will be a tremendous boost for Palm Beach County. Originally, the Film Festival was to be held at the Tennis Center; however, there was a conflict in scheduling dates (April 11 through April 17, 1996), and as a result, the event will be held in Boca Raton. Palm Beach County is hopeful that other cities will become involved and make a contribution, and requested that Delray Beach take the lead role in this en- deavor. There being no further business, Mayor Lynch declared the meeting adjourned at 8:40 P.M. -20- 3/05/96 ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the min- utes of the meeting of said City Commission of March 5, 1996 which minutes were formally approved and adopted by the City Commission on ~L~D~ /9. /g~ - City~ Cl-erk / 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.