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03-07-95 MARCH 7, 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 Adult Center at Veterans Park at 6:00 P.M., Tuesday, March 7, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - Commissioner Ellingsworth Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Rabbi Samuel Sil- ver, Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Manager noted the addition of Item 9.J., CROSSROADS REOUEST FOR THE CITY TO PURCHASE McGRAW BUILDING, to the agenda by addendum. Dr. Alperin requested that Item 8.C., AMENDMENT TO INTERLOCAL AGREEMENT WITH TOWN OF GULFSTREAM, on the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Randolph moved to approve the agenda as amended, seconded by Dr. A1perin. 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: Mrs. Smith commented on an error in the minutes of the Special Meeting of February 28, 1995. She stated the following correction needs to be made under the comments on page 3: Bill Wood is from the Chamber of Commerce and James T. Smith is from Waterway East. Mr. Randolph moved to approve the Minutes of the Regu- lar Meeting of February 21, 1995, and the Special Meeting of February 28, 1995, as amended, seconded by Dr. Alperin. 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. Recoqnizinq Delaire Country Club Mayor Lynch read and presented a proclamation recogniz- ing the residents of Delaire Country Club for beginning an annual golf tournament in 1990 at their Country Club, for the exclusive benefit of the Delray Beach Fire Department, the Delray Beach Police Department and Delray citizens for Delray Police. Mayor Lynch acknowledged two check donations to the Delray Beach Fire Department and the Delray Beach Police Department this year which total over $11,000. Three members of Delaire Country Club came forward to accept the proclamation. 6.B. Florida Daughters of the American Revolution Centennial Weekend - March 10 to 12, 1995 Mayor Lynch read and presented a proclamation recogniz- ing March 10 through March 12, 1995 as Florida Daughters of the American Revolution Centennial Weekend in Delray Beach, Florida. Mrs. Thomas came forward to accept the proclamation. 6.C. Women's American Organization for Rehabilitation through Training (ORT) Day - March 15, 1995 Mayor Lynch read and presented a proclamation recogniz- ing March 15, 1995 as Women's American Organization for Rehabili- tation through Training (ORT) Day in Delray Beach, Florida. Mrs. Steele came forward to accept the proclamation. 6.D. Save Your Vision Month - March, 1995 Mayor Lynch read and presented a proclamation recogniz- ing March, 1995 as Save Your Vision Month. Dr. Carl Carter came forward to accept the proclamation. 7. Presentations: 7.A. Kathleen Daley - 1995 Leqislative Work Proqram. Kathleen Daley, lobbyist for the City of Delray Beach, presented the Commission with an outline of the 1995 Legislative Agenda (a copy of which is attached hereto and incorporated herein as an official part of the minutes). 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/KEYSTONE CREATIONS: Approve the final plat for Keystone Creations, a monument and stone cutting facility located on the east side of N.W. 18th Avenue, north of Don Francisco Way (N.W. 1st Street). -2- 3~7~95 8.B. LANDSCAPE WAIVERS/COTRAN SATELLITE BUS FACILITY: Approve a request for waivers from LDR Sections 4.6.16(H) (3) (j) & (k) to reduce the interior landscape requirements in conjunction with the development of the CoTran Satellite Bus Facility located at the northwest corner of Congress Avenue and N.W. 1st Street, based upon positive findings. 8.C. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.D. MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve the Maintenance Memorandum of Agree- ment required by the Florida Department of Transportation in connection with the West Atlantic Avenue Beautification project. 8.E. NCIC/FCIC USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT: Approve a user agreement with the Florida Depart- ment of Law Enforcement allowing the City to access and exchange criminal history record information via the National Crime Infor- mation Center (NCIC) . 8.F. ACQUISITION OF RIGHT-OF-WAY FOR S.W. 10TH STREET: Approve a Contract for Sale and Purchase between Joseph Milien, Immacula Milien and Yves Louime (Sellers) and the City (Buyer) for two parcels located on the south side of S.W. 10th Street just west of Swinton Avenue, containing 0.046 acres more or less. 8.G. FUNDING ALLOCATION FOR RAILROAD DEPOT FOUNDATION PLAN: Approve a funding allocation of up to $7,500.00 for the Railroad Depot foundation plan, with funding from General Construction Fund Railroad Depot Foundation (Account No. 334-6111-519-62.12), through budget transfer from City Manager's Contingency (Account No. 001-6111-519-99.03). 8.H. FINAL PAYMENT/AMERICAN LIGHTING MAINTENANCE, INC.: Approve final payment to American Lighting Maintenance, Inc. for the Swinton Avenue Beautification project, with funding in the amount of $5,250.00 from Swinton Avenue Beautification - Other Improvements (Account No. 115-2711-524-63.90). 8.I. RESOLUTION NO. 20-95: Approve a resolution assessing costs for abatement action required to demolish an unsafe struc- ture at 14 S.W. 12th Avenue. The caption of Resolution No. 20-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE -3- 3/7/95 COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST 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. (Copy of Resolution No. 20-95 is on file in the offi- cial Resolution Book) 8.J. RESOLUTION NO. 21-95: Approve a resolution assessing costs for abatement action required to remove nine junked and/or abandoned vehicles on properties throughout the City. The caption of Resolution No. 21-95 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. (Copy of Resolution No. 21-95 is on file in the offi- cial Resolution Book) 8.K. RESOLUTION NO. 22-95: Approve a resolution assessing costs for abatement action required to remove nuisances on 17 properties within the City. The caption of Resolution No. 22-95 is as follows: 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) LOCAT- ED WITHIN THE CITY OF DELRAY BEACH AND PRO- VIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATE- MENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE RECORDING OF THIS RESOLU- -4- 3/7/95 TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. (Copy of Resolution No. 22-95 is on file in the offi- cial Resolution Book) 8.L. RESOLUTION NO. 23-95: Approve a resolution in support of legislation pending before the U.S. Congress to reform the Safe Drinking Water Act. The caption of Resolution No. 23-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN SUPPORT OF LEGISLATION PENDING BEFORE THE U.S. CONGRESS TO REFORM THE SAFE DRINKING WATER ACT. (Copy of Resolution No. 23-95 is on file in the offi- cial Resolution Book) 8.M. EMERGENCY PURCHASE OF EQUIPMENT FOR WATER TREATMENT PLANT: Approve the emergency expenditure of $11,496.00 for purchase of a replacement agitator drive gear box on vacuum dewatering filter %2 at the Water Treatment Plant. Components purchased sole source from EIMCO Process Equipment, with funding from Renewal & Replacement - Equipment Maintenance (Account No. 442-5178-536-46.20), through budget transfer from Water and Sewer - Equipment Replacement Program (Account No. 442-5178- 536-61.76). 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award - to Rolling Shield, Inc., for furnish- ing and installing hurricane shutters for the north wing of City Hall, with funding in the amount of $24,024.73 from the General Construction Fund - Building (Account No. 334-6111-519-62.10 Dr. Alperin moved to approve the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AMENDMENT TO INTERLOCAL AGREEMENT WITH TOWN OF GULFSTREAM: Approve an amendment to the Interlocal Agreement between the City and the Town of Gulfstream to incorporate emer- gency medical transport services. Dr. Alperin expressed concern that the City is subsi- dizing the cost of the emergency medical transport service fees for the citizens of Gulfstream through Delray tax dollars. -5- 3/7/95 The City Manager disagreed with Dr. Alperin and stated the Town of Gulfstream also receives the fire service and they pay a pro rata share of that service. Dr. Alperin felt the Interlocal Agreement would provide the Town of Gulfstream with better service rather than receiving equal service. The City Manager stated the General Fund does to some extent subsidize the operation of emergency medical transporta- tion; however, all of those General Fund monies are going through the Fire Department's budget. Therefore, the residents of Gulfstream will be paying the same amount. Mayor Lynch commented that since the Fire Department's budget is not really balanced by itself, the ad valorem property taxes from the citizens of Delray Beach make up the deficit. Since Gulfstream does not pay an ad valorem tax to the City, it seems that the citizens of Delray Beach are supporting the citi- zens of Gulfstream. The City Manager stated the Town of Gulfstream is not only paying their share of fire services, but will also pay a per transport cost the same as Delray residents. Mayor Lynch stated if the City's costs go up to provide the additional service, and no extra revenue is received from Gulfstream, the City will lose money. The City Manager stated the extra money the City is receiving is the payment. Therefore, he feels the City will receive more revenue to offset the costs. Discussion by the Commission followed. The City Manag- er stated the City will make money by incorporating the emergency medical transport services into the interlocal agreement. Mr. Randolph moved to approve the amendment to the Interlocal Agreement between the City and the Town of Gulfstream to incorporate emergency medical transport services, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ran- dolph - Yes. Said motion passed with a 3 to 1 vote. 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting 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 20 through March 3, 1995. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. 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. 6 3/7/95 9.B. CONDITIONAL USE APPROVAL/NORTHERN TRUST BANK: Consider a request for conditional use approval to establish a bank with a drive-through window in the Central Business District, and an attendant parking lot on property zoned CF (Community Facili- ties). The subject property is located at the southwest corner of East Atlantic Avenue and Palm Square, and contains 0.664 acres. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, stated the request is for conditional use approval for a bank (Northern Trust) with a drive-through window in the CBD zoning district, and to estab- lish an associated parking lot in the CF district pursuant to LDR Section 2.4.5(E) (1) . This was formerly the site of the Patio Delray Restaurant which was destroyed by fire. The site has remained vacant since that time. In March, 1992, rezoning and conditional use applications were approved to accommodate a development known as the Patio Shops which consisted of restau- rant, office, and retail uses. The project was not constructed and the site plan approval expired; however, the zoning is still in place. Ms. Dominguez stated the current proposal is for the construction of a two-story, 10,791 square foot office structure. The first floor will house offices for the Northern Trust Bank and the second floor will be tenant space. The project requires 35 parking spaces, 32 of which are being provided. In the CBD District there is the option of paying in lieu fees for parking, based on the premise that there is parking available in the CBD at a fee of $6,000 per space. Northern Trust Bank is proposing to pay $18,000 for the three parking spaces they are short. Ms. Dominguez noted if this conditional use is approved now and the site plan is approved by the Historic Preservation Board, then the parking issue will be discussed at a later date. Upon question by Mayor Lynch, Ms. Dominguez stated the City has a separate fund for "in lieu parking" monies and noted the Downtown Development Authority (DDA) will comment on how it is used. Ms. Dominguez stated there is a six foot wall proposed along the west and south sides and a five foot Silver Buttonwood hedge around the parking area. The Planning and Zoning Board considered this item on February 27, 1995, and unanimously recom- mended to approve the conditional use subject to the conditions stated in the staff report. The following individuals addressed the Commission concerning the proposed conditional use: -7- 3/7/95 Diqby Bridqes, project architect, feels Northern Trust Bank is an ideal bank and the conditional use is ideal for the site. He stated this bank is extremely exclusive and feels it is highly unlikely that the bank would not be successful. Alieda N. Riley, Chairman of the Palm Square - Marine Way Homeowners Association, feels this bank is a great addition to the neighborhood; however, recommends Commission to consider the impact this will have on the neighborhood. Mrs. Riley stated traffic has increased tremendously and asked Commission to con- sider going to this area and experience the traffic situation first-hand. Noel Smith, resident of Delray Beach, stated the most efficient step for the City would be to build a cul-de-sac. Mr. Smith feels the City is going to have serious traffic problems since Palm Square is being used as the alternate Federal Highway. He stated the City should not be so concerned with the number of cars traveling on this street but should be more concerned with the speed at which the cars travel. At this point, the Commission asked questions of the applicant. Dr. Alperin stated the cul-de-sac was discussed once before, however, asked if there is any recollection of what the cost of the cul-de-sac would be. Ms. Dominguez stated the discussion did not get to that point. She stated the typical process for street closure would be for staff to complete an analysis to show the traffic volume and circulation pattern, and then it would go to the Planning and Zoning Board and everyone in the area is notified. Then a tempo- rary closure is done for approximately six months and an analysis is done to see how it runs and if it works, another hearing is held to see if there is support to close the street permanently. Discussion followed by the Commission. Mrs. Smith asked Diane Dominguez how the traffic count for this type of bank is determined. In response, Ms. Dominguez stated a study was completed by the bank and the study showed that they went by regular bank rates/regular office rates. Ms. Dominguez stated basically the bank took the worst case scenario. Mr. Randolph expressed concern over the cul-de-sac and asked what effect it would have not just on traffic coming to the bank area but what also to the Federal corner? Mrs. Smith stated the City could consider putting in speed bumps to discourage traffic. -8- 3/7/95 The City Manager stated the City can put in speed bumps to help the traffic problem. Mrs. Smith moved to approve the conditional use request for Northern Trust Bank subject to the conditions in adopting the findings in the staff report, seconded by Mr. Randolph. 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.C. CONDITIONAL USE APPROVAL/CASALE MARBLE IMPORTS: Con- sider a request for conditional use approval to establish an ornamental stone cutting facility. The subject property is located at the southwest corner of S.W. 7th Street and S.W. 17th Avenue. It is zoned I (Industrial) and contains 1.65 acres. The City Attorney stated this is a Quasi-Judicial Hearing item. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, stated this is a conditional use for an ornamental stone cutting business in an industrial zoning district located near 1-95 at S.W. 17th Avenue and SoW. 7th Street. She stated this business is proposing to move into an existing building which was formerly the location of EBB Van Lines (a moving and storage company). Casale Marble Imports will establish a showroom, office, cutting area, and warehouse; they will have an outside storage component and are proposing to screen the area with a slatted chain link fence, hedges, and trees. The Planning and Zoning Board considered this item on February 27, 1995, and the Board voted 5 to 2 to recommend that the conditional use be approved, subject to the conditions out- lined in the staff documentation. It should be noted that the two dissenting votes were based on objection to the imposition of condition ~4 requiring improvements to the vacant portion of the lot, and not to the proposed use. Diane Dominguez stated she is recommending approval for the conditional use subject to the conditions listed on page two of the memorandum to the City Commission. The following individuals spoke in support of the conditional use: Roy M. Simon, representing the applicant, stated this requires outside storage. Mr. Simon asked if the conditional use is given, would the Commission possibly consider allowing Mr. Casale to utilize the building as long as there is no outside storage while he is having these improvements made? 9 2/?/95 Ms. Dominguez stated she is adamantly opposed to Mr. Simon's request. Mr. Randolph asked what portion of the outside storage area would have the slatted chain link fence? Mr. Simon stated the entire area would have the slatted chain link fence; an eight foot fence is being recommended. Craiq Walder, builder for Mr. Casale, addressed what the conditional use pertains to and emphasized that Mr. Casale will be using the building for stone cutting, etc. He feels Mr. Casale has worked extremely hard to keep the lot clean and stated with Mr. Casale's impressive clientele, it is in the best inter- est of Mr. Casale for the appearance of the building to look excellent. Carl Casale, brother of Walter Casale, stated the business will cater to a higher clientele. He presented the Commission with a perspective showing the interior aesthetics of the showroom and the exterior aesthetics of the building. The following individual spoke in opposition: Lillian Felclman, President of United Property Owners, expressed concern over whether the stone cutting will be done indoors or outdoors. She feels if the stone cutting is done outside, the wind with blow stone dust into the homes of those in the surrounding area. Mayor Lynch stated the stone cutting will be done inside with a proper vacuum system. At this point, the Commission asked questions of the applicant. Dr. Alperin stated the City ordinance does not require that all stone cutting be done inside. Diane Dominguez recommends adding the cutting area inside as a condition. Mr. Randolph asked Robert Casale, owner, if the cutting of this material is slab. Mr. Casale stated some of the material is pre-cut overseas; however some of the pieces have to be cut with a saw located inside the building. Mayor Lynch and Dr. Alperin both agreed it would be beneficial to have Casale Marble Imports in the City. Mr. Randolph concurred with Mayor Lynch and Dr. Alperin's comment; however, he feels the slatted link fence portion may become an eye sore. -10- 3/7/95 Dr. Alperin moved to approve the conditional use for Casale Marble Imports subject to the condition all cutting proce- dures will be done indoors; and adopting the conditions on page two of the staff report, 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. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearing portion of the Agen- da. 10. PUBLIC HEARINGS: 10.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. 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. 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 GENERAL REPEAL- ER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 15-95 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. -11- 3/7/95 Dr. Alperin moved to adopt Ordinance No. 15-95 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearinqs. 11.A. City Manaqer's response to prior public comments and inquiries. None. 11.B. From the Public. None. At this point, the Commission proceeded to the First Readings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 14-95: An ordinance amending Section 101.35, "Storing Boats", of the City Code by increasing the permit fee and making certain other changes to the provisions for boat storage on the municipal beach. If passed, public hearing on March 21, 1995. The City Manager presented Ordinance No. 14-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS BEACHES, AND RECREATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.35, "STORING BOATS", TO PROVIDE FOR AN INCREASE IN THE BOAT STORAGE AREA, CHANGES IN THE TIME FOR SUBMISSION OF APPLICATIONS FOR PERMITS, AND AN INCREASE IN THE PERMIT FEE FOR BOAT STORAGE ON THE MUNICIPAL BEACH, AND BY RE- PEALING SECTION 101.35(H) AND RELETTERING SUBSEQUENT SECTIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved to approve Ordinance No. 14-95 on FIRST Reading, seconded by Mr. Randolph. 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. -12- 3/7/95 12.B. ORDINANCE HO. 17-95: An ordinance amending LDR Section 1.3, "Non-Conforming Uses, Lots and Structures", to provide for a grace period for post-disaster reconstruction of residential structures to existing densities and heights. If passed, public hearing on March 21, 1995. The City Manager presented Ordinance No. 17-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES" OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 1.3.4(B) AND SECTION 1.3.5(C), TO PROVIDE FOR AN EXCEPTION AS SET FORTH IN SECTION 1.3.8; ENACTING A NEW SEC- TION 1.3.8 TO PROVIDE FOR THE RECONSTRUCTION OF NONCONFORMING RESIDENTIAL STRUCTURES DE- STROYED BY ACTS OF GOD, PROVIDING DEFINITIONS AND PROVIDING TIME LIMITS FOR RECONSTRUCTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith moved to approve Ordinance No. 17-95 on FIRST Reading, seconded by Mr. Randolph. 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. 12.C. ORDIHANCE HO. 16-95: An ordinance amending LDR Section 7.8.13(B), "Qualifications", to remove the requirement that members of the Board of Construction Appeals be residents or have their principal place of business in the City. If passed, public hearing on March 21, 1995. The City Manager presented Ordinance No. 16-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.8, "UNSAFE BUILDINGS OR STRUC- TURES'', SECTION 7.8o13(B), "QUALIFICATIONS", TO REMOVE THE REQUIREMENT THAT MEMBERS OF THE BOARD OF CONSTRUCTION APPEALS BE RESIDENTS OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS IN THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch opened the floor for public comment. -13- 3/7/95 Sandra Almy, resident of Delray Beach, asked why it would not be a good idea to have the board members as residents or business owners of Delray. The City Attorney stated previously the Board of Con- struction Appeals was an exception that did not have to have residents required mainly because they have a certain expertise that was difficult to find all the time within the City. When the code was revised, that section was left out putting the general section in place which required residency. The City Manager stated it is difficult to find resi- dents with the expertise to serve. Alice Finst, expressed the same concern as Sandra Almy. Dr. Alperin feels this particular board is looking for a certain expertise to meet the appeals, not whether they have invested interest or live in the City. In response to Mayor Lynch, Lula Butler, Director of Community Improvement, stated the board has an obligation to meet monthly; however, they only meet as needed. She stated usually the City is dealing with the developer or architect who has a problem with the interpretation of the code so it is very specif- ic and the areas of expertise are necessary. Dr. Alperin moved to approve Ordinance No. 16-95 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 7:20 p.m., Commission moved to Item 9.D. of the Regular Agenda. 9.D. LOCAL AGENCY PROGRAM AGREEMENT WIT~ FLORIDA DEPARTMENT OF TRANSPORTATION/EAST ATLANTIC AVENUE PROJECT: Consider the Local Agency Program Agreement between the City and the Florida Department of Transportation to allow the City to coordinate the bidding and oversee construction of the East Atlantic Avenue project. Dan Beatty, City Engineer, stated Gee and Jenson spoke with the Florida Department of Transportation (F.D.O.T.) and received a confirmation on the Federal Intermodal Surface Trans- portation Efficiency Act (I.S.T.E.A.) funded items in the cost estimate. He explained this is strictly a verbal confirmation, however, FDOT has indicated $1,050,000.00 of the project enhance- ments would be available for I.S.T.E.A. funding. He further explained some identification language is going to be added to the agreement and when the City receives it in final form, he will forward the agreement to the City Attorney. -14- 3/7/95 The City Manager stated this is the agreement that will allow the City to bid the project and administer the construction so the City can have more control over the scheduling of the project and avoid many delays built into the F.D.O.T. process. The City Manager confirmed with Dan Beatty that the agreement has not been signed off by Federal Highway Administra- tion (FHWA). Mr. Beatty stated the City Manager is correct about the agreement not being signed off by FHWA; however, by Commis- sion approving this agreement, it will help to expedite the process. Mrs. Smith asked if the agreement has a clause which allows for an extension of the project to next year. Mr. Beatty stated this project would only be delayed if the agreement did not go through and for whatever reason there were some holdups beyond the drop dead date. Dr. Alperin moved to approve the form of the agreement and bring back, at a later date, with the language identification changes, 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. 9.E. REJECTION OF BIDS/WEST ATLANTIC AVENUE BEAUTIFICATION: Consider rejecting all bids received for West Atlantic Avenue Beautification, and authorize rebidding the project per revised plans and specifications. The City Manager explained that the iow bid is $41,000 above the funded amount estimated for the cost of construction, and requested that all four bids received for the West Atlantic Avenue Beautification Project be rejected, and rebid the project per revised plans and specifications. Mayor Lynch asked if the City has to pay the consultant the additional fees for the rebidding or is the consultant paid a lump sum fee? Lula Butler, Director of Community Improvement, stated the consultant has not asked for any additional dollars due to the error in the original estimate. Lillian Feldman, inquired as to the expected start date for the West Atlantic Avenue Beautification Project. In response, Mayor Lynch anticipated the start date of the West Atlantic Avenue Beautification Project will be the end of May. Mrs. Smith inquired about the duration time of the project would be once started. -15- 3/7/95 In response, Lula Butler stated the project will be approximately a sixty day process. Mr. Randolph moved to approve the rejection of all bids received for the West Atlantic Avenue Beautification Project, and authorize rebidding the project per revised plans and specifica- tions, 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. 9.F. REPORT/RECOMMENDATION CONCERNING THE ANNEXATION REFER- ENDUM FOR HIGH POINT WEST AND SURROUNDING AREAS: Consider the report and recommended action from staff concerning the proposed annexation referendum for High Point West and surrounding areas. Mrs. Smith made the motion "not to proceed" with the annexation referendum for High Point West, seconded by Dr. Alperin. 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.G. HOUSING REHABILITATION GRANT AND CONTRACT AWARDS/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Consider multiple awards to bidders for housing rehabilitation projects through the Community Development Block Grant Program, for a total grant amount of $78,144.00, with funding from Housing Rehabilitation (Account No. 118-1963-554-49.19). Dr. Alperin moved to approve the Housing Rehabilitation Grant and contract awards through the Community Development Block Grant Program, for a total grant amount of $78,144.00, seconded by Dr. 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. 9.H. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 95-1: Consider formal initiation of Comprehensive Plan Amendment 95-1 pursuant to the recommendation of the Planning and Zoning Board. John Walker, Project Coordinator, stated this amendment focuses on updating the text and various objectives and policies; and addressing private and City-initiated petitions for land use plan amendments. The Planning and Zoning Board formally reviewed this item at the meeting of February 27, 1995 and recommended that the City Commission initiate Comprehensive Plan Amendment 95-1, containing the material in the attached staff report. Mayor Lynch asked John Walker if a second amendment is completed, what will the time frame of this amendment be? In response, John Walker anticipated the second amendment to be in the early summer. -16- 3/7/95 Discussion followed by the Commission. Dr. Alperin stated he did not see anything in the amendment referring to the interest in promoting the elementary and middle schools to the southern section of the City. He asked Mr. Walker if he thought this would be appropriate to have in the plan. Mr. Walker stated there is a school section in the plan that there was specific call for the school which is now in the Blood's area; and if the Education Board is far enough along with that recommendation, then this can be a part of the plan. Diane Dominguez asked Dr. Alperin how he would like this area defined and he stated the southeast section of the City for both the elementary and middle schools as defined as east of 1-95 and south of Linton Boulevard. Mr. Walker stated that the Sharing For Excellence document may already be referenced in the plan; however, perhaps the Commission would like to add this to include the committee's recommendations for new school locations within the area. Robert Barcinski, Assistant City Manager, stated there was discussion with the School Board of Palm Beach County about building another elementary school in Delray Beach. He stated the southeast area of Delray Beach is being looked into for this and stated the Sharing For Excellence document references the middle school in or near the City limits of Delray Beach. Also, there is a request for another high school to be built in Delray Beach. Dr. Alperin moved to approve the initiation of the Comprehensive Plan Amendment 95-1 pursuant to the recommendation from the Planning and Zoning Board, with the addition of the Education Board recommendation of the school sites, 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. 9.I. CF~kNGE ORDER NO. 1/DiPOMPEO CONSTRUCTION CORP.: Con- sider Change Order No. 1 to the contract with DiPompeo Construc- tion Corp. for additional work to the Veterans Park, Phase II project, and a 16 day extension to the contract time, with fund- ing in the amount of $18,387.09 from Water and Sewer Services Other Improvements (Account No. 441-5161-536-63.90). The City Manager stated this change order with Dipompeo Construction Corporation is for a variety of unforeseen condi- tions that the City found were either different from what the plans showed, or were not expected at all. Mr. Randolph moved to approve Change Order No. 1 with DiPompeo Construction Corporation, in the amount of $18,387.09, seconded by Dr. Alperin. Upon roll call the Commission voted as -17- 3/?/95 follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.J. CROSSROADS REQUEST FOR T~E CITY TO PURC~IASE McGRAW BUILDING: Consider a request from Crossroads for the City to purchase the McGraw Building at 306 N.E. 2nd Street. The City Manager stated Crossroads has requested that the City purchase the McGraw Building leasing it to Crossroads for a $1.00 per year for a 100 year lease; the proposed purchase price is $275,000. The City Manager stated the Commission indi- cated some interest in the purchase of the McGraw Building and asked staff to look at the possible funding sources. The City Manager stated the only source the City really has is the undes- ignated fund balance and the Commissions goal is to keep the City's undesignated fund balance between 7-10% of the budget. The City Manager suggested another option for funding is to borrow money either internally or externally and repay it in future years; however, his major concern is every $22,000 put out is one hundredth of a mill and the Commission is very con- cerned about keeping the mileage rate reduced. The City Manager expressed concern pertaining to the funding for the new lifeguard headquarters which is in this year's budget and financed by the Beach Restoration Fund. As evidenced by Kathy Daley's comments tonight, federal funding, which we received in the past is not guaranteed in the future, therefore, he feels the City should maintain this fund for actual beach restoration purposes. At this point, the City Manager discussed other projects which the City has made commitments that need to be addressed and felt if we were to completely fund the Crossroads request we would be overextending the City's resources. He explained we have a number of twelve-step programs throughout the City and if we were to proceed with this request, other organiza- tions would come forward for capital requests. Further, the City Manager stated if the Commission decides to go ahead with this project, it would have to be added to the Comprehensive Plan Amendment since the project is over $100,000.00. Mr. Randolph acknowledged that although Crossroads is an excellent project, he stated that at this time the funding is just not available. Dr. Alperin suggested Crossroads find other funding sources and then come back to the City with a more reasonable proposal for consideration. He also felt it would be setting a precedent for other organizations to come forward with similar requests. Mayor Lynch commented that he still feels we should continue to look at this project and acknowledged that we have -18- 3/7/95 already set a precedent since the City owns other lands which we lease to organizations and although we have budget constraints at this time, perhaps we could offer a City facility to Crossroads for their use. The City Manager responded to the Mayor that indeed the City has previously leased City land to organizations, however, the organizations have gone out and raised their own funds for their buildings. Dr. Alperin stated that the Commission all agree that the concept is great and we are doing a lot of good things in our City for our citizens, however, he feels Crossroads should pursue other avenues of funding and not come to us to be the primary owner. He indicated the Commission would be willing to assist Crossroads, perhaps with matching grants. He does not feel we should give staff any directions until Crossroads comes back to us with a more reasonable proposal and he does not want staff to take this on as a project. Consensus of the Commission was not to fund the build- ing but keep the communication open between Crossroads and the City for future discussion. Mayor Lynch asked the City Manager to contact Cross- roads and advise them of the Commission's decision. No formal vote was made. 13.. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer The City Manager responded to the unscreened dumpster violation. He stated the City has one inspector who handles the majority of cases for compliance with minimal landscape require- ments in addition to other duties. The actual violation notices are being sent out in the same sequence as the courtesy notices were. The notices were started at the Federal Highway corridor, West Atlantic Avenue, Congress Avenue, and other main roadways focusing primarily on commercial properties. Citations were issued on Swinton Avenue which were issued in an effort to have these properties in compliance to coincide with the completion of the beautification project. He stated the City prefers not to respond on a complaint basis since all unscreened dumpsters are in violation at this point and it is simply a lack of staff time for the issuance of citations. Secondly, the City Manager commented on the vacant land in the City. The City Manager stated this issue was discussed at the Planning and Zoning Board meeting of February 27, 1995, and the Board feels it relates to the issue of the housing need study as far as determining how the City's remaining vacant land can best be developed for any future needs (residential or nonresi- -19- 3/7/95 dential) . He further stated two members of the Planning and Zoning Board Karen Kiselewski and Fred Bonardi, have volunteered to work and study these issues. Mayor Lynch recommended Jean Beer be added to the list of volunteers for the vacant land housing need study. Mrs. Smith recommended the City use more volunteers for code enforcement. The City Manager stated the problem is the City can find the volunteers; however, the volunteers that would work for an extended period of time would have to taken through the entire administrative enforcement process to the point where you either get compliance or go before the Code Enforcement Board. Lula Butler stated this option has already been ex- plored and a meeting is set up with the "Citizens On Patrol" (C.O.P.) people who have indicated they would like to get in- volved with Code Enforcement. Thirdly, the City Manager informed the Commission about an article expected in the March 8, 1995, Sun-Sentinel regarding the inappropriate use of police motorcycles by mechanics and stated this matter is being reviewed to see if disciplinary action is appropriate. 13.B. City Attorney. None. 13.C. City Commission 13.C.1. Mayor Lynch stated he has received calls regarding the new lifeguard station to be built at Sandowa¥ Park and inquired if staff was looking at alternative locations so not to use the only park on the beach. Secondly, Mayor Lynch was informed by a citizen that there has been numerous accidents at the corner of S.E. 4th Street and S.E. 4th Avenue. He asked staff to investigate as to whether there needs to be a four-way stop at this corner due to the high volume in the area. 13.C.2. Commissioner Smith inquired about the "Don't Block Intersection" signs which were to be posted on Atlantic Avenue. She indicated that it is still a problem when trying to make a left-hand turn (heading west) on Atlantic Avenue. The City Manager stated the City is going to erect the "Don't Block Intersection" signs on the intersections without signals and on the intersections with signals, the City has requested the County to do; however, the City is waiting on the County's decision. -20- 3/7/95 13.C.3. Dr. Alperin. None. 13.C.4. Commissioner Randolph. None. There being no further business, Mayor Lynch declared the meeting adjourned at 8:00 P.M. ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of which minutes were for- mally approved and adopted by the City Commission on V7~ mi NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -21- 3/7/95 Kathleen E. Daley & Associates, Inc. GOVERNMENTAL AFFAIRS MEMORANDUM TO: MAYOR TOM LYNCH MEMBERS OF THE DELRAY BEACH CITY COMMISSION THROUGH: DAVID HARDEN, CITY MANAGER SUBJECT: 1995 LEGISLATIVE AGENDA L I.EGISLATION I. COMMUNITY REDEVELOPMENT AGENCY House Bill 367 by Representative Bill Andrews Senate Bill by Senator Matt Meadows (It has not been assigned a number yet) Purpose: To seek a judicial validation for the creation of the agency and to provide a statute of limitations following the creation within which any person might attack its validity. (See attached) 2. WATER POLICY Wastewater re-use, reclaimed water, etc. will be heavily scrutinized this year in the newly created Water Policy Committee in the House of Representatives. It's purpose will be to study Florida's water supply, water quality, water management, and policy in general. Although the committee has proposed legislation it is unlikely that anything substantial will pass this year as the committee has determined a state- wide tour for regional input is necessary before making any change in existing policy. We will be involved in some defensive work against certain member bills, however, many bills are still stuck in bill drafting and we have only heard rumors. One Capitol Place · 108 East Jefferson Street, Suite C · Tallahassee, FL 32301 (904) 222-0000 * Fax: (904) 222-0095 Memorandum to Mayor Lynch and the City Commission March 1, 1995 Page two 3. ACCESS TO PUBLIC OFFICIALS Senate Bill 438 by Senator Ron Silver House Bill 5 by Representative Lee Constantine and others This bill provides for access to public officials and allows for the adoption of local rules and procedures. This bill, supported heavily by the members has passed its first Senate Committee. It was discussed at great length by Senate members who did not think the bill was flexible enough. I anticipate changes before its final passage. HB 5 passed out of Ethics and Elections by unanimous vote. 4. EVELYNGORTCAREER CRIMINAL AGT House Bill 461 by Representative Bruno Barreiro Senate Bill 168 by Senator Ron Silver Defines career criminals, provides for enhanced penalties for career criminals. When a court finds that a person is a career criminal it shall impose a penalty of life imprisonment if the offense is a felony in the first degree, a 30 year sentence if in the second degree, etc. This bill is so popular that it has already been scheduled for a Senate floor vote. The House companion has not been heard due to a technical change, however, it was reintroduced and is expected to move quickly. 5. FLORIDA INLAND NAVIGATIONAL DISTRIGTS(FIND) The Senate Natural Resources Committee introduced a bill to abolish FIND, but the members of the committee reacted quickly and amended the bill to re-enact them for two more years. Many local governments along the eastern coast benefit through grants from FIND. 6. TOURISM DEVELOPMENT TAX The House is once again revisiting the tourist development tax. Every interest is on this bill; advertising, beaches, sports etc. There has been no change thus far. Memorandum to Mayor Lynch and the City Commission March 1, 1995 Page three II, GRANTS - IN - AID 1. DELRAY BEACH HISTORIC HOMES (ChfisBrown, GRADirecw0 On February 28, the Advisory Council on Historic PreServation met to distribute grant awards to the approved and accepted applicants. Award: $ 13,050 2. HISTORIC MUSEUM Delm¥ Beach Hhwfical Socie~, Inc. (Cason Cottage) Funds Requested: $ 13,383.00 We will be working on the approval of this grant, which has already been submitted. The museum board has not met yet. III. FEDERAL ISSUES A. The State will be reviewing the impact of the passage of the unfunded federal mandates bill. B. Federal Beach Funding (See attached fact sheet) IV, Aq~I'ACHMENTS 1. CRA I.EGISLATION 2. SENATE BILL 438/HOUSE BII.I. 5 3. FLORIDA I.F. AGUE OF CITIES I.EGISIATIVE PRIORITIES 4. 1995JOINT POLICY STATEMENT BETWEEN THE FLORIDA I.K&GUE OF CITIES AND THE FLORIDA ASSOCIATION OF COUNTIES 5. FEDERAL BEACH FUNDING