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02-21-95 FEBRUARY 21, 1995 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 6:05 P.M., Tuesday, February 21, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - Commissioner Ken Ellingsworth Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby The opening prayer was delivered by Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Attorney requested that Item 8.G.3., AWARD OF BIDS AND CONTRACTS, Lease Agreement with Mears Motor Leasing, be approved subject to review and approval by the City Attorney regarding indemnification and insurance clauses. The City Manager stated that Item 6.B., PROCLAMATION RECOGNIZIN~ DELAIRE COUNTRY CLUB is deferred since Delaire's representatives are not able to attend tonight's meeting. Mr. Randolph moved to approve the agenda, as amended, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Dr. Alperin moved to approve the Minutes of the Regular Meeting of February 7, 1995 as presented, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.A. Reco.gnizinq Mr. C¥ Younq Mayor Lynch read and presented a proclamation recogniz- ing Mr. Cy Young, (aka "Pipeline Young"), a one armed golfer of 70 years, for his remarkable achievements, including a double ace on January 28, 1995, on the golf course. Mayor Lynch congratu- lated Mr. Young on his accomplishments and sportsmanship. Mr. Young came forward to accept his proclamation. 6.B. THIS ITEM WAS POSTPONED. 7. PRESENTATIONS: 7.A. Comprehensive Annual Financial Report for the Year Ended September 30, 1994 Joe Safford, Finance Director, presented the Comprehen- sive Annual Financial Report for the Year Ended September 30, 1994. He introduced Mr. Paul Bremer, Ernst and Young, and Mr. Jack Fiedor, the lead auditor and client manager for the City. Mr. Safford expressed particular appreciation to Milena Walinski, Assistant Finance Director, and her staff for their excellent work and efforts in completing this report. Mr. Paul Bremer briefly reviewed the financial report with the Commission, calling particular attention to the trans- mittal letter in the introductory section. He highly recommended a reading of that document for an excellent overview of what happened in the City for the last year. Mr. Bremer also referred to Ernst & Young's opinion which is contained in the financial section of the report. It is an unqualified opinion consistent with prior years, which means that the City's financial state- ments are fairly stated; there are no qualifications, exceptions or explanatory paragraphs. There are also reports on the City's internal controls, compliance with laws and regulations, and also with single audit reports. None of these contain any material weaknesses. Ernst & Young did issue a Management Letter which is contained in the back of the report. Mr. Bremer encouraged the Commission to read the Management Letter and recommended that the City follow up on the recommendations contained in it if it is deemed appropriate to do so. Mr. Bremer concluded by stating it is a pleasure to serve the City and he would be happy to come back at a future meeting to review the financial report in great- er depth if the Commission wished to do so. 8. CONSENT AGENDA: City Manager recommends approval. 9.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Ratify SCRWTD Board Modifi- cation to Industrial Wastewater and Pretreatment Agreement. 8.B. REVISED AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY/WEST ATLANTIC AVENUE REDEVELOPMENT PLAN: Approve a re- vised agreement between the City and the Community Redevelopment Agency for preparation of a Redevelopment Plan for West Atlantic Avenue (Redevelopment Area #1). -2 - 2/21/95 8.C. RESOLUTION NO. 10-95: Approve Resolution No. 10-95 amending the Development Order for the Waterford Place Develop- ment of Regional Impact to confirm actions taken in 1993. The caption of resolution No. 10-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 49-85, WHICH CONSTITUTES A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH, BY AMENDING CONCLUSIONS OF LAW, SEC- TION 2 AND LOCAL ISSUES, SECTION 22; MAKING A DETERMINATION OF NOT BEING A SUBSTANTIAL DEVIATION; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 10-95 is on file in the offi- cial Resolution Book) 8.D. RIGHT-OF-WAY DEED FOR CURRIE RESIDENCE/OFFICE: Accept a right-of-way deed for the east five feet of Lot 12, Block 67 (134 N.E. 1st Avenue) to provide for the installation of a side- walk associated with the Currie Residence/Office. 8.E. FINAL PLAT APPROVAL/COCONUT PALMS: Approve the final plat for Coconut Palms, a proposed six unit townhouse development located at the southeast corner of Avenue C and Florida Boule- vard. 8.F. EMERGENCY MANHOLE REPAIR/HIGHPOINT BOULEVARD NORTH AND HIGHPOINT DRIVE: Approve the emergency repair by Underwater Unlimited Diving Services, Inc. of a sanitary manhole on Highpoint Boulevard North and Highpoint Drive which has severe groundwater inflow causing adjacent roadway failure. Funding in the amount of $12,000.00 is available from W/S - Renewal and Replacement Other Current Charges (Account No. 442-5178-536-46.90) through budget transfer from W/S Renewal and Replacement - Manhole Rehabilitation (Account No. 442-5178-536-61.84). 8.G. AWARD OF BIDS AND CONTRACTS: 1. Bid Award to various vendors for pipe fittings and accessories (annual contract), at an estimated annual cost of $98,036.23, with funding from W&S Distribution - Operating Supplies (Account No. 441-5123-536-52.20) and W&S Collections - Operat- ing Supplies (Account No. 441-5141- 536-52.20). 2. Purchase award - Cars and Trucks via Florida State Contract, to various vendors at a total cost of $322,080, with funding from City Garage - Machin- ery/Equipment Automotive (Account No. 501-3312-591-64.20), and the Construction Division pickup from W&S Machinery/Equipment - Automotive (Account No. 441-5145-536-64.20). -3- 2/21/95 3. Lease agreement - one year lease agreement with Mears Motor Leasing for six vehicles to be uti- lized by the Vice Intelligence and Narcotics section, in the annual amount of $30,960 from Vehicle - Rentals and Leases (Account No. 001-2115-521-44.40); and subject to review and approval by the City Attorney's Office. Dr. Alperin moved to approve the Consent Agenda, as amended with respect to Item 8.G.3, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period February 6 through February 17, 1995. Dr. Alperin moved to receive and file the report, sec- onded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.B. EXTENSION OF APPROVALS FOR KEYSTONE CREATIONS: Consid- er a request for an extension of the conditional use and site plan approvals for Keystone Creations. The subject property is located on the east side of N.W. 18th Avenue, north of N.W. 1st Street. Upon question by Dr. Alperin regarding what would happen if the Commission should consider denial of the request for the extension, Diane Dominguez, Planning Director, stated that it would necessitate filing for a new Conditional Use and Site Plan Approval. She pointed out that the applicant has already paid the fee for the extension request, which is basical- ly the same as that for a new approval. Ms. Dominguez stated that staff has recommended approval of the extension request, provided the applicant achieves certain stages of the process by certain dates which are outlined in the staff report. If these criteria are not met, then the conditional use will expire auto- matically. After discussion, Mr. Randolph moved to approve the request for an extension of the Conditional Use and Site Plan Approvals for Keystone Creations, subject to the development time frames contained in the Planning and Zoning Staff Report, Recom- mended Action Items (A) through (D), with the understanding that failure to meet any of the dates outlined will render the condi- tional use invalid and no further extension will be granted; seconded by Dr. Alperin. Upon roll call the Commission voted as -4- 2/21/95 follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.C. AMENDMENT NO. 2 TO THE CITY'S RECOMMENDATION ON PRO- POSED SCHOOL BOUNDARY CHANGES: Assistant City Manager Robert Barcinski stated that Ms. Kathy Shabotynskyj has some additional comments on the proposed recommendation, and possibly has some additional recommendations for consideration. Kathy Shabotynsky~, Chairman of the Education Board, stated that the Board has been meeting with the Concerned Parents Network, Inc. of Boca Raton in an effort to reach a consensus on one plan which the School Board could support. She noted that there had been some difficulty reaching a consensus at the Febru- ary 16th meeting, with the only boundary change being agreed to was that for the Blood's school and not the Morikami school. Since that meeting, the School Superintendent's recommendation for school boundaries has come out. Upon review of the Superin- tendent's recommendation by Ms. Shabotynskyj and Ms. Denise May of the Education Board, they are recommending an amendment to support administrative reassignment of SAC's 304 and 305 to Blood's and request a participatory role in the organization of the Pine Grove Special Program, with a time certain commitment for the implementation of a special program at Pine Grove. Also recommended is an amendment to support the Concerned Parents Network recommendation that for school year 1995/96, leave SAC 299D at their currently assigned school (Forest Park) and merge SAC 299H with SAC 299D (currently assigned to Sandpiper Shores) and assign SAC 299H to Forest Park. For school year 1996/97, assign SACs 299D and 299H to Morikami. Dr. Alperin commended the hard work of the members of the Education Board, noting that the boundary change proposals are very difficult and complicated. He expressed appreciation to all those involved, particularly the leadership of Kathy Shatotynskykj and Assistant City Manager Bob Barcinski. Dr. Alperin moved to reject proposed Amendment %2 as provided in the agenda backup and approve substitute Amendment #2 to the City's recommendation on proposed school boundary changes as presented by Ms. Shabotynskyj, Chair of the City's Education Board; seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.D. 1995 BUD LIGHT PRO/AM BEACH VOLLEYBALL TOURNAMENT: Consider allowing the City to host and participate in the Bud Light Pro/Am Beach Volleyball Tournament, to be held April 29 and 30, 1995. -5- 2/21/95 The City Manager stated that after reviewing the list of items requested in support of the tournament, the only concern is with the inflatable signage (item 4.) which is not permitted under the code and which the Commission has been consistent in not allowing at events held in the city. He stated that staff would be happy to work with the promoters on alternative signage. Discussion ensued, with the consensus being that ban- ners would be permissible; however, no inflatable balloons would be allowed. Mrs. Smith moved to approve the 1995 Bud Light Pro/Am Beach Volleyball Tournament on April 29 and 30, 1995, with the exception of the use of inflatable balloons, and that the City be added to the insurance policy as an additional insured, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.E. RELEASE OF LIENS/CRA AFFORDABLE HOUSING PROGRAM: Consider a request from the Community Redevelopment Agency to release Code Enforcement liens in the amount of $4,618.73 on property at 239 N.W. 8th Avenue, proposed for acquisition under the CRA's affordable housing program. For clarification purposes, the City Attorney stated that the request is not for release of Code Enforcement Board liens, but for nuisance abatement and demolition liens. If there are any Code Enforcement Board liens, they will go to the Code Enforcement Board for release. Lula Butler, Director of Community Development, stated that one of the liens is for demolition in the amount of $3,900.00, with the others being nuisance abatement in the amount of $622.00. Dr. Alperin moved to approve the release the liens in the amount of $4,618.73 on property at 239 N.W. 8th Avenue, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Prior to roll call, Mayor Lynch asked what the Communi- ty Redevelopment Agency proposes to build on the site. Ms. Butler advised the existing duplex structure will be converted to a single family home. 9.F. SELECTION OF CIVIL/SANITARY ENGINEERING FIRM WITH AQUIFER STORAGE AND RECOVERY EXPERIENCE: Consider approval of the Selection Committee's ranking of civil and sanitary engineer- ing firms with aquifer storage and recovery (ASR) experience, and authorize staff to begin negotiations with the top-ranked firm. 6 2/21/95 The City Manager stated that a Selection Committee has evaluated proposals from consulting engineers to assist the City with the design of aquifer storage and recovery wells in lieu of ground storage tanks. The top three firms have been ranked as follows: 1. CH2M Hill, Inc. 2. Hartman and Associates, Inc. 3. Post, Buckley, Schuh and Jernigan The City Manager requested the Commission's approval to begin contract negotiations with the top-ranked firm. Dr. Alperin commented that he did not want the City to do business with any consulting firm which the City may have had problems with in the past. Should negotiations reach the third- ranked firm on the list, Dr. Alperin asked that the matter be returned to the Commission. Dr. Alperin moved to approve the Selection Committee's ranking of civil and sanitary engineering firms with aquifer storage and recovery (ASR) experience, with authorization to staff to begin contract negotiations with the top-ranked firm (CH2M Hill, Inc), seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.G. SELECTION OF CIVIL/SANITARY ENGINEERING FIRMS: Consid- er approval of the Selection Committee's ranking of engineering firms to provide civil and sanitary engineering services, and authorize staff to negotiate with these firms. The City Manager recommended that four firms be con- tracted with for consulting services. The different firms have various types of experience and will also allow for some flexi- bility if we do have multiple projects which need attention at the same time. The firms recommended are: 1. Hazen and Sawyer, P.C. 2. Eckler Engineering 3. Sheremeta Associates 4. Professional Engineering Consultants Mrs. Smith moved for approval of the Selection Commit- tee's ranking of engineering firms to provide civil and sanitary engineering services, with authorization to staff to negotiate contracts, seconded by Dr. Alperin. Upon roll call the Commis- sion voted as follows: Dr. Alperin - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.H. CHANGE ORDER NO. 5 AND FINAL PAYMENT/HARRY PEPPER & ASSOCIATES, INC.: Consider Change Order No. 5 in the amount of -7- 2/21/95 $41,650.17 and an additional 20 calendar days to the contract with Harry Pepper & Associates, Inc. for the Master Pump Station and Transmission System Improvements; and approval of final payment in the amount of $61,650.17. Funding is available from Capital Outlay - Other Improvements (Account No. 441-5161-536-63.90). Mr. Randolph moved approval of Change Order No. 5 in the amount of $41,650.17 and an additional 20 calendar days to the contract with Harry Pepper & Associates, Inc., for the Master Pump Station and Transmission System Improvements; and approval of the final payment in the amount of $61,650.17, seconded by Dr. Alperin0 Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two student members to the Education Board; one to a term ending July 31, 1995, and the other to a term ending July 31, 1996. Dr. Alperin moved to appoint Sacasha Brown as a student member to the Education Board to a term ending July 31, 1995, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mrs. Smith - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph moved to appoint Ethan Co Hansen as a student member to the Education Board to a term ending July 31, 1996, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.J. SUPPLEMENTAL APPROPRIATION FOR VOLUNTEER ENFORCEMENT PARKING PROGRAM: Consider a request for a supplemental appropri- ation in the amount of $5,070 for the Volunteer Enforcement Parking Program. Funding is available from Contingency (Account No. 001-6111-519-99.03 through budget transfer). The City Manager stated that he is very pleased with the success of the Volunteer Enforcement Parking Program. The cost for the initial group of volunteers has been absorbed in the Police Department's budget. We now have a second group of twenty volunteers and we would like to cover the cost of their uniforms plus provide some windbreakers for people who do more than a certain amount of hours. Also, we would like to keep a vehicle in the fleet for this program. The total cost to do this is about $5,065.00 which is available from contingency. Dr. Alperin moved to approve the request for a supple- mental appropriation in the amount of $5,070 for the Volunteer Enforcement Parking Program, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. 8 2/21/95 Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to the First Read- ings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 15-95: An ordinance amending Chapter 100, "Nuisances", of the City Code to prohibit the mixing of vegetative trash with other refuse, and prohibiting the accumula- tion of loose, uncontainerized or unbundled refuse, other than heavy, bulky items. If passed, public hearing on March 7, 1995. The City Manager presented Ordinance 15-95: 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, FLORIDA, BY AMENDING SECTION 100.01, "EXIS- TENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS PROHIBITED", TO PROVIDE FOR THE DECLA- RATION THAT THE ACCUMULATION OF VEGETATIVE TRASH MIXED WITH NON-VEGETATIVE TRASH IS A PUBLIC NUISANCE; TO PROVIDE FOR THE DECLARA- TION THAT ACCUMULATIONS OF LOOSE, UNCONTAINERIZED OR UNBUNDLED REFUSE, OTHER THAN HEAVY, BULKY ITEMS IS DECLARED A PUBLIC NUISANCE AND IS PROHIBITED; AMENDING SECTION 100.21, "NOTICE OF VIOLATION REQUIRED" TO PROVIDE FOR THE ISSUANCE OF A WARNING NOTICE BY CODE ENFORCEMENT OFFICIALS PRIOR TO A COUNTY COURT CITATION NOTICE BEING ISSUED; PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Development, stated that this ordinance is in response to an ongoing problem with individuals mixing lawn cuttings and vegetative waste in with their regular garbage. It will require the separation of regular household trash from lawn cuttings and the like. In addition, household trash must be containerized. Ms. Butler noted that this situation proves costly in regard to disposal, which is then passed on to the taxpayers. In regard to enforcement, she ex- plained that staff conducted a pilot program in the northeast area by going door-to-door. Whenever a violation was found, either a door hanger was left or personal contact was made with the occupant to explain the project, and it seems to have worked very well. -9- 2/21/95 Dr. Alperin moved for the adoption of Ordinance No. 15-95 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - 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 Hearing portion of the agen- da. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13-95: An ordinance amending Chapter 71, "Parking Regulations", of the City Code to provide for an in- crease in fines for parking violations, and other modifications. 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. 13-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, SECTION 71.058, "COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED SPACES", TO COME INTO CONFORMITY WITH OTHER CODE SECTIONS; AND BY AMENDING SECTION 71.999, "PENALTY", TO PRO- VIDE FOR A CHANGE IN PARKING FINES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 13-95 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. Mrs. Smith brought attention to Section 71.999(B) which provides that an additional $10.00 civil penalty will be imposed if the ticket is not paid within five (5) calendar days. She felt that this needs to be shown very clearly on the ticket since five days is not very much time. Mr. Randolph moved for the adoption of Ordinance No. 13-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. -10- 2/21/95 It was suggested by the City Manager that a possible source of money to acquire additional parking would be to earmark some of the increase in revenue resulting from this increase in parking fines for this specific purpose. After brief discussion, the Commission looked favorably upon this suggestion and asked that the City Manager present some calculations in the near future. 10.B. ORDINANCE NO. 10-95: An ordinance changing the Future Land Use Map designation from General Commercial to Medium Densi- ty Residential for a two acre component of an overall 11.11 acre site. The subject property is located on the east side of North Federal Highway, immediately south of the Delray Swap Shop, and was formerly known as Marina Cay. Planning and Zoning Board recommends approval. 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. 10-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, C~IANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COM- PREHENSIVE PLAN FOR A PARCEL OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM GENERAL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 2,900 FEET SOUTH OF GULFSTREAM BOULEVARD; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 10-95 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 for the adoption of Ordinance No. 10-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 11-95: An ordinance rezoning an 11.11 acre parcel of land from SAD (Special Activities District) to RM (Medium Density Residential) District. The subject property is located on the east side of North Federal Highway, immediately south of the Delray Swap Shop, and was formerly known as Marina -11- 2/21/95 Cay. Planning and Zoning Board recommends approval. 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. 11-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN THE RM (MEDIUM DENSI- TY RESIDENTIAL) DISTRICT; SAID LAND BEING LOCATED ON THE EAST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 2,900 FEET SOUTH OF GULFSTREAM BOULEVARD; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 11-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearin§ 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. Mrs. Smith moved for the adoption of Ordinance No. 11-95 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 97-94: An ordinance rezoning a 1.92 acre parcel of land from Neighborhood Commercial District to Profes- sional and Office District. The subject property is generally located at the northwest corner of Seacrest Boulevard and N.E. 22nd Street. Planning and Zoning Board recommends approval. 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. 97-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD COMMERCIAL) DISTRICT IN THE POD (PROFESSIONAL AND OFFICE) DISTRICT; SAID LAND BEING GENER- ALLY LOCATED AT THE NORTHWEST CORNER OF SEACREST BOULEVARD AND N.E. 22ND STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER -12- 2/21/95 CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 97-94 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. Diane Dominguez, Planning Director, stated that First Reading of this ordinance was held on December 6, 1994, at which time Second Reading was postponed so that one of the buildings on the site could be demolished before the property was rezoned. The building would have bisected what would be the north zoning boundary line. The owners wanted to be reasonably sure the rezoning was going to be approved before proceeding with the demolition, so it was done between first and second reading of the ordinance. Mr. Randolph moved for the adoption of Ordinance No. 97-95 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - 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. 11.A. City Manager's response to prior public comments and inquiries. In response to the question raised at the last meeting about the City's qualifying guidelines for candidates for Commis- sion, the City Manager reported that the City Attorney researched the matter and found that Florida Courts have held that the right to seek public office is not absolute, and reasonable conditions and restraints may lawfully be imposed upon individual candidates for public office in order to protect the integrity of the polit- ical process. The Attorney General issued an opinion regarding what is considered reasonable; six months and one year residency requirements have been upheld and determined to be constitution- al. Therefore, based on case law from around the State, the City's requirement that a person be a qualified elector of the city by September 1st in order to be a candidate in a regular or special election would be reasonable and constitutional. A question had been raised at a prior meeting about the possibility of moving the City's entrance signs closer to the City limits. The City Manager explained that the existing median locations for the City signs were selected based upon the spacing required for the size of the signs and the beautification fea- -13- 2/21/95 tures. Staff is looking into the feasibility of having smaller "Welcome to Delray Beach" signs installed at entrance medians. ll.B. From the Public. 11.B.1. Bob Cullen, Delray Depot Relocation Coordinator (1877 South Ocean Boulevard), reported that as of this afternoon he had received confirmation from the Delray Beach Historical Society that it does have sufficient funds for the purchase of the depot building and the relocation costs. The site has definitely been set at Worthing Park. Further, the Palm Beach County Historical Preservation Board has agreed to compile a request for a Restora- tion Grant. The only piece missing at this point is a firm commitment from the City for the site plan and the construction costs of the foundation. Based on figures received from three different contractors, Mr. Cullen estimated the cost of the foundation plan to be in the range of $5,000 to $7,500. After discussion, it was the unanimous consensus of the Commission that the City would fund up to $7,500 for the founda- tion plan and that the matter be brought back for formal approval at the next regular meeting. In the interim, Mr. Cullen and the City Manager will work on getting the most advantageous price from a contractor, and the Mayor will look into the possibility of having the concrete donated to the project. On question from Mr. Randolph as to the time frame for the relocation, Mr. Cullen stated that the move will probably take place sometime after the Delray Affair, possibly during the months of May or June. Although the building will not be able to be completely renovated, it will be thoroughly cleaned up by October, 1995. Mr. Cullen noted that the Centennial Committee is very anxious to use the Delray Depot as a focal point. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. In response to Commissioner Smith's prior inquiry regarding dumping of trash and graffiti at the commercial build- ing located at the corner of N.W. 10th Avenue and Lake Ida Road, the City Manager reported that the property owner was cited and has since abated the dumping nuisance. The property owner has stated that all the paint was used for painting the building, but he has agreed to order matching paint so that the graffiti will be covered. Hopefully, this will be accomplished within the next ten days. In response to Mayor Lynch's previous comment regard- ing an ordinance pertaining to time limitations on construction, the City Manager stated that staff is developing a new ordinance that will propose to limit the time of performance under a build- ing permit based upon the size and type of construction, and imposing a financial penalty for noncompliance. This ordinance -14- 2/21/95 should be submitted to the Planning and Zoning Board sometime during the month of March, 1995. In regard to the concern about the storing of construc- tion materials and other items on property, the City Manager advised the City code is very specific regarding the storage of construction and other materials and is intended to prohibit that type of storage from occurring except in conjunction with a construction project. As for contact with the public regarding the maintenance of seawalls, the City Manager advised this is handled by the City Engineer and the Chief Building Official. Code Enforcement staff may issue a violation notice only after consulting with these two staff persons. Further, the Director of Community Improvement will be looking into the standards required to determine if what is presently being done is consid- ered effective and appropriate. As for the need for more or better traffic enforcement, the City Manager stated that the Police Department's primary commitment over the last several years has been directed toward neighborhoods and the overall community policing program. In focusing on this effort, Police manpower has been drawn from other operational units, including the investigative division and the traffic unit. The traffic unit has four motorcycle slots assigned; however, at the present time there is only one motorcy- cle officer committed. By March of this year, the Police Depart- ment anticipates being fully staffed and at that point officers will be moved back into the motorcycle slots. With regard to enforcement by the Police Department on code enforcement issues, in terms of law enforcement priorities there are a lot of other issues that are treated with more impor- tance by the Police Department. If we want Police officers to enforce certain types of code violations usually handled by Code Enforcement, it would affect Police priorities for other work. Mayor Lynch commented there are certain situations, such as in the northeast area where there may be hedges which block the view of roads, where he felt Patrol officers could assist with code enforcement and, in turn, help to decrease potential accidents. He feels there are some code enforcement issues which are really under the Police Department's purview and that it is not unreasonable for the Police to work with Code Enforcement as a team to further the goals of the City. The City Manager stated that if code enforcement inves- tigation and citation by Police officers is desired by the City Commission, the Police Department is saying that their priorities would need to be reorganized. Mayor Lynch commented that since Police officers are out on the roads, especially in the evening hours or early in the morning, they may become aware of or notice situations in need of attention. These types of things and information on them should -15- 2/21/95 be forwarded to Code Enforcement so that they can be handled by that department's staff for a more efficient system. Regarding "Delray Beach City Limits" signs, the City Manager reported that during the year 1993 City staff had in- stalled new signs with the All America logo at all entrances to the City. These signs are 24" X 30" in size and are too small for high volume roads. There are plans to replace these signs at locations where traffic volume and/or speed indicates that a larger sign is needed. At the present time, no particular loca- tions have been selected. 13.B. City Attorney. The City Attorney had no comments. 13.C. City Co=mission. 13.C.1. Commissioner Randolph had no comments. 13.C.2. Commissioner Smith reported that Commissioner Ellingsworth is recuperating from his recent heart surgery. It is hoped he will be out of intensive care by tomorrow. Mrs. Smith expressed concern regarding the lack of enforcement of unenclosed dumpsters and suggested that stricter regulations should be placed to screen and/or enclose dumpsters within the City. It was noted by the City Manager this issue is part of the minimum landscape code requirements which staff is systemati- cally enforcing and that the most heavily travelled streets would be first on the list. He asked Commissioner Smith to provide him with information on any particular dumpsters and he would check into the matter. 13.C.3. Commissioner Alperin noted that the Municipal League and Palm Beach County will be meeting tomorrow (February 22, 1995) regarding growth management. He expressed concern that the County Planners seem to be more concerned about growth statistics rather than planning out what should be allowed based on the capacity to handle it. Dr. Alperin felt the planners should be controlling the growth rather than reacting to it. 13.C.4. In response to Commissioner Smith's question about how many people go through Crossroads, Mayor Lynch reported that he has been informed the number is somewhere in the neighborhood of 1,450 per year. Mayor Lynch stated that he is continuing to receive calls from Mr. Don Elliott about the removal of paved parking area from his home, and asked if there is anything which can be done? -16- 2/21/95 In response, the City Manager stated that Mr. Elliott should perhaps install a double driveway which would alleviate his problem. He stated he would call Mr. Elliott to suggest alternatives. Mayor Lynch stated he received a letter from County Commission Chairman Ken Foster asking if anyone from Delray Beach would be interested in working on the Sesquicentennial Coordinat- ing Committee for Palm Beach County. He asked the Commission to forward the names of anyone who might be interested to the City Manager's office. Mayor Lynch stated that back in 1987-1988 when he was head of the CRA, he was involved in the discussions concerning automobile dealerships and car lots in Delray Beach. There had been an agreement under VISIONS 2000 that the only type of car lots which would be allowed in the City would be new car lots. Apparently, the Land Development Regulations do not clearly define the difference between "new" versus "used", so now used car lots can come in, which is what was being discussed the other night on the Levy property. Mayor Lynch stated he, personally, is opposed to allowing used car lots since they usually are not aesthetically pleasing or well maintained. For these reasons and the fact that there is very little land left in the City, he would prefer not to see used car lots. With respect to the issue of the remaining vacant land in the City, Mayor Lynch requested that the Planning and Zoning Board look at that land, exclusive of the redevelopment land in the CRA area, and give the Commission their thoughts on where the City wants to be in the next ten years. He noted the Arvida Park of Commerce in Boca Raton is almost built out and there have been occasions when companies like Office Depot and Levenger didn't go there and Delray Beach was able to get the benefit of them locat- ing here. There will probably be more companies wanting to come to this area, and since we only have a limited amount of land, Mayor Lynch would like the Planning and Zoning Board to study our vacant sites and provide some projections for the next ten years. As a final item, the City Manager requested direction concerning the Commission meeting schedule for March, 1995. Because we had our election scheduled for Tuesday, March 14th, by our local rules the Commission meeting had been set for March 15th. Since we are not having an election, the Commission may wish to change the workshop meeting back to the 14th. The first regular meeting is scheduled for Tuesday, March 7th, which is during the tennis tournament, so the Commission should look at either rescheduling that meeting or holding it in another loca- tion. Mayor Lynch suggested that if there are no evening matches scheduled for March 7th to go ahead and hold the regular meeting in the Commission Chambers as usual. If there is a match scheduled, move the meeting to the Adult Recreation Center at -17- 2/21/95 Veterans Park (802 N.E. 1st Street). The Commission concurred. It was the further consensus of the Commission to move the work- shop meeting back to Tuesday, March 14, 1995. Prior to adjournment, Mayor Lynch asked that flowers be sent to Commissioner Ellingsworth on behalf of the Commission and City Hall. The City Manager stated that his office would take care of it. Mayor Lynch declared the meeting adjourned at 7:45 P.M. C~ty Cie~k 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 the City Commission of February 21, 1995, which minutes were formally ~pproved and adopted by the City Commission on .~9~L~ 7~ /9~ · -- City Clerk ~ ' - NOTE TO READER: If the Minutes you have received are not completed as indicated above, then 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 to the Minutes as set forth above. -18- 2/21/95