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05-02-95 MAY 2, 1995 A Regular Meeting of the City Commission of the City of D~lray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, May 2, 1995. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Jim Atchinson, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. The City Attorney noted a change to Item 8.B., CONCEPT APPROVAL AOREEMENT/DELRAY OAKS (ECOSITE 67). She stated where the agreement refers to FCT recipient taking title, the agreement should read Palm Beach County taking title. The City Manager noted the amendment of Item 8.L., BID AWARD TO BAY FIREWORKS, to an increased amount of $34,000, howev- er, at this time it is uncertain if the additional $10,000 will be available, therefore, we ask Commission to go ahead and make the award to Bay Fireworks giving staff the authority to deter- mine the amount dependant upon the availability of the additional $10,000. Mr. Randolph asked that Item 8.A., AUTHORIZATION TO PROCEED/ANALYSIS OF THE ECONOMIC IMPACT OF BEACH RESTORATION AND MAINTENANCE, of the Consent Agenda, be moved to the Regular Agenda as Item 9.A.A. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes. Said motion passed with a 5 to 0 vote. 5.. Approval of Minutes: Mr. Ellingsworth noted on page 24, the last paragraph of the minutes from the Regular Meeting of April 4, 1995, that the S.W. 22nd Avenue sign has not been corrected; therefore the statement is incorrect. The City Manager stated he was in this area the other day and noticed the sign still appears to be in the wrong place. Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of April 4, 1995, with the exception as mentioned above, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Recognizing the Delray Beach Center for Technoloq~, Enterprise & Development, Inc. Mayor Lynch read and presented a proclamation recogniz- ing the Delray Beach Center for Technology, Enterprise and Devel- opment, Inc. Ms. Blanche Jones came forward to accept the proc- lamation. 6.B. Postpolio Syndrome Awareness Week - June i through 7, 1995 Mayor Lynch presented a proclamation recognizing June 1 through 7, 1995, as Postpolio Syndrome Awareness Week. 7. Presentations: 7.A. University of Miami/Jackson Memorial Burn Center recoq- nizing Professional Firefighters of Delray Beach Local 1842 Walter Crosson presented Jim Tabeek, President of Firefighters Local 1842, with a plaque for participating in the last two annual street drives to benefit the University of Mi- ami/Jackson Memorial Burn Center. He stated this is a regional burn center which mainly takes care of the citizens of Palm Beach County, Dade County, and Broward County. He further stated for two years, the firefighters were able to channel $12,000 (per capita basis) in pre-donations to the burn center and feels extremely proud to be able to give these firefighters recognition for the money they collected. Mr. Crosson also presented a plaque to Mayor Lynch for the City of Delray Beach. 7.B. Daughters of the American Revolution Flag Presentation Mayor Lynch acknowledged acceptance of a flag from the Daughters of the American Revolution, Jonathan Dickinson Chapter. This flag was flown over the the United States Capitol on July 27, 1994, at the request of the Honorable Harry Johnston, Member of Congress, for the Jonathan Dickinson Chapter of the D.A.R. 2 512195 8. CONSENT AGENDA: City Manager recommends approval. 8.A. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.B. CONCEPTUAL APPROVAL AGREEMENT/DELRAY OAKS (ECOSITE 67): Approve a Conceptual Approval Agreement among the City, Palm Beach County and Florida Communities Trust (FCT) stating the terms and conditions to be imposed by FCT on the use of Preserva- tion 2000 bond proceeds for the acquisition of the Delray Oaks site (Ecosite 67), and the restrictions imposed on the site subsequent to its acquisition. 8.C. CONFIDENTIALITY AGREEMENT/DELRAY OAKS (ECOSITE 67): Approve a Confidentiality Agreement among the City, Palm Beach County and Florida Communities Trust stating that confidentiality will be maintained regarding appraisals and offers relative to the acquisition of the Delray Oaks site (Ecosite 67). 8.D. AGREEMENT FOR COMPLETION OF LANDSCAPING IMPROVE- MENTS/SHERWOOD PONTIAC: Approve an agreement with Sherwood H. Sheehan, Jr., Trustee, to defer installation of required land- scape upgrades on the east half of the Sherwood Pontiac dealer- ship located on the west side of South Federal Highway, approxi- mately 300 feet north of Avenue F (Fladell's Way). 8.E. CHANGE ORDER NO. 1 AND FINAL PAYMENT/RPM GENERAL CON- TRACTORS, INC.: Approve Change Order No. 1 in the amount of $3,959.81 and final payment in the amount of $15,919.22 to RPM General Contractors, Inc. for completion of the Water Treatment Plant Laboratory Modifications project. Funding is available from 441-5161-536-63.41. 8.F. CHANGE ORDER NO. 2 AND FINAL PAYMENT/DIPOMPEO CONSTRUC- TION CORPORATION: Approve Change Order No. 2 in the amount of $924.38 and final payment in the amount of $32,833.09 to DiPompeo Construction Corporation for the Veterans Park Phase II project. Funding is available from 441-5161-536-63.90 ($18,675.09) and 225-4126-572-61.63 ($14,158.00). 8.G. FINAL PAYMENT/PALM BEACH COUNTY: Approve net final deduct in the amount of $12,555 and final payment in the amount of $10,845 to Palm Beach County for installation of a 24" raw water main and 8" sewer force main in conjunction with County improvements to the intersection of Linton Boulevard and Military Trail. Funding is available from 440-5179-536-63.61. 8.H. ENGINEERING SERVICES CONTRACT AND SERVICE AUTHORIZATION NO. 1/PEC ENGINEERING: Approve an agreement with PEC Engineering for General Civil/Sanitary Consulting Engineering Services and Service Authorization No. 1 in the amount of $32,691 to PEC Engineering for professional consulting services in conjunction with the preparation of a beach area reuse feasibility study; with funding from 441-5142-536-31.30. 3 5/2/95 8.I. ENGINEERING SERVICES CONTRACT WITH ECKLER ENGINEERING: Approve an agreement with Eckler Engineering for provision of General Civil/Sanitary Consulting Engineering Services. 8.J. ACCEPTANCE OF EASEMENT DEEDS/WIGGINS ROAD: Accept easement deeds from John T. and Paula Honker and David J. and B. Lauren Brow for the installation of water and sewer mains within Wiggins Road. 8.K. RESOLUTION NO. 38-95: Adopt a resolution approving the Local Housing Assistance Plan pursuant to the State Housing Initiative Partnership (SHIP) Program, pursuant to Chapter 91-37.005 (6) (f) (g) of the Florida Administrative Code. The caption of Resolution No. 38-95 is as follows: A RESOLUTION OP THE CITY COMMISSION OP THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM, ESTABLISHING AN AVERAGE COST PER UNIT, THE MAXIMUM COST PER UNIT, THE AVERAGE SHIP FUNDS AND THE MAXIMUM COST PER UNIT, THE AVERAGE SHIP FUNDS AND THE MAXIMUM SHIP FUNDS ALLOWABLE, AND A MAXIMUM FOR ADMINISTRATIVE EXPENSES. AUTHORIZING THE NECESSARY CERTIFI- CATIONS BY THE MAYOR AND AUTHORIZING SUBMIS- SION OF THE PLAN TO THE STATE HOUSING FINANCE AGENCY, PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 38-95 is on file in the offi- cial Resolution Book) 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid Award to Bay Fireworks for the Fourth of July fireworks, in the total amount of $24,000; $16,000 will be given by the Delray News, and $8,000 will come from the City Account 001-1111-511-48.10. Dr. Alperin moved to approve the Consent Agenda as amended, seconded by Mr. Ellingsworth. Upon roll call the Com- mission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AUTHORIZATION TO PROCEED/ANALYSIS OF THE ECONOMIC IMPACT OF BEACH RESTORATION AND MAINTENANCE: Approve and author- ize Coastal Planning & Engineering, Inc. to proceed with an analysis of the economic impact of beach restoration and mainte- nance at a cost not to exceed $50,800.00. 512195 Mr. Randolph stated the reason he requested this item be moved from the Consent Agenda to the Regular Agenda is because after reading the back-up material, he feels the City should not have to pay $50,800.00 to inform people of the things already known about one of the best beaches in the State. John Walker, Project Coordinator/Planning, stated this study is really by way of a defensive measure. The City has maintained a beach nourishment project since 1973, resulting in significant economic benefits to the City, County, and State. Recently, the economic justification of funding for beach projects has been questioned at both the State and Federal lev- els. In order for the City to maintain its priority status in future funding requests, and to assist in validating the entire funding program for.beach erosion control, such benefits need to be quantified as an educational tool for members of Congress and the State Legislature. The study, to be conducted by Coastal Planning and Engineering, Inc., in conjunction with Regional Research Associ- ates, proposes to evaluate and quantify the economic benefit of the Beach Nourishment Project on tourism, property values, prop- erty taxes, other revenues such as hotel taxes, and storm damage protection benefits. Mr. Walker stated the individual data items are not being questioned; however, the funding philosophy for beach projects is being questioned. Mayor Lynch suggested the City try and get the County to fund this analysis. Mr. Walker stated the City can do this as a follow up item through working directly with the County. Mr. Randolph moved to approve and authorize Coastal Planning and Engineering, Inc. to proceed with an analysis of the economic impact of beach restoration and maintenance at a cost not to exceed $50,800.00, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 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 April 17 through April 28, 1995. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE APPROVAL FOR THE OAK SCHOOL OF DELRAY: Consider a request for conditional use approval to establish a private elementary school in the CF (Community Facilities) Dis- trict. The subject property is located on the east side of -5- 5/2/95 Swinton Avenue, between platted rights-of-way for extensions of Tangerine Trail and Coconut Road. Diane Dominguez, Planning Director, stated this is a petition to establish a small private elementary school in the CF zoning district. The school will accommodate a pre-school pro- gram (ages 3-5) and elementary school up to third grade. The maximum enrollment will be 48 students. The hours of operation will be from 8:15 a.m. to 2:45 p.m. for 4-9 year olds, and 8:15 a.m. to 11:30 a.m. for 3 year olds. There will be six full time employees (teachers and office personnel). The Oak School of Delray obtained conditional use approval in 1989 to establish its school at St. Paul's Episcopal Church (located at northeast corner of S.W. 1st Avenue and S.W. 2nd Street). The Oak School now wishes to relocate to The Delray Church of the Nazarene building, located north of Tangerine Trail on the east side of Swinton Avenue. With the adoption of the LDRs and associated zoning map in October 1990, the zoning desig- nation for a portion of the property (that portion which contains the structure and parking lot) was changed from R-1AA to CF (Community Facilities). Improvements being proposed to the site at this time include: the addition of landscaping (trees); parking lot im- provements; the addition of a chain link fence around the play- ground area; and interior modifications to the building. Concur- rency standards are met for traffic, drainage, and water and sewer as noted in the Planning and Zoning Board Staff Report. The Planning and Zoning Board formally reviewed this item at its meeting of April 17, 1995. Two residents from the adjacent neighborhood spoke on the item. While they did not have a problem with the establishment of the school on the site, they noted concerns with the potential expansion of the school in the future, the possibility of extending Coconut Road and Tangerine Trail to Swinton Avenue, and the potential noise from the play- ground areas. The Board, by a vote of 5-0 recommended approval of the Conditional Use modification request subject to conditions as listed in the Planning and Zoning Staff Report. Dr. Alperin asked Ms. Dominguez if this will change the tax status of this property? In response, Ms. Dominguez stated no because it is currently a church use and it is considered non-profit. The City Manager stated if it is not considered church use, it would probably be tax exempt as an educational use. Mayor Lynch asked the City Manager if it would be tax exempt even if the school is private? In response, the City Manager stated it would be the same even as a private school. Mr. Randolph asked Ms. Dominguez if the transfer of title is between the Church of the Nazarene and St. Paul? In response, Ms. Dominguez stated this is a private school so they -6- 5/2/95 are not affiliated with the church. She further explained that the Oak School will be buying the property. Mr. Ellingsworth moved to approve the Conditional Use approval for the Oak School of Delray based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations, and policies of the Comprehensive Plan; and subject to the conditions recommended by the Planning and Zoning Board, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.C. REOUEST TO QUIT-CLAIM PARCEL/SHERWOOD PONTIAC: Provide direction concerning a request to quit-claim a 26 ft. wide by 300 ft. long section of Dixie Highway right-of-way located adjacent to Sherwood Pontiac to Sherwood H. Sheehan, Jr. Although the original conveyance of this property to the City was obviously for right-of-way purposes, the use of an indenture deed as opposed to a right-of-way deed precludes the transfer of the property to the current owner by abandonment. If the City desires to convey the property to Mr. Sheehan, it must do so by executing a Quit Claim deed. Diane Dominguez stated the Commission should decide whether to convey the property back and whether or not to get a fee for the property. Mr. Ellingsworth asked Ms. Dominguez how much right- of-way would be left? In response, Ms. Dominguez stated there would be an 80 foot right-of-way left. She noted that the sug- gested fee of $500 is being recommended because this is what it would cost if it were an abandonment. Mr. Randolph asked Ms. Dominguez if she knows what the appraisal is for the property? In response, Ms. Dominguez stated an appraisal was not completed for this property. Mr. Ellingsworth moved to approve a Quit Claim deed with Sherwood Pontiac subject to a $500 fee equal to that for abandonment of right-of-way, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.D.. SPECIAL EVENT REQUEST/DELRAY BEACH JAYCEES: Consider a request from the Delray Beach Jaycees to sell plants, in partner- ship with Floral Acres, at various locations throughout the City during the weekend of May 13-14, 1995 (Mother's Day). Lula Butler, Director of Community Improvement, stated the reason staff is recommending denial of this item is pursuant to Section 2.4.6(H) of the Land Development Regulations which -7- 5/2/95 identifies the type of temporary uses that are allowed along with granting authority. In the past, the City Commission has ap- proved the Holiday sale items in conjunction with service organ- izations, however, these activities are applied as uses under tents. Floral Acres work from one of their company trucks, usually using large yellow banners to announce their locations. Prior sale activities have been done without City approval. It appears that the Jaycees receive a percentage of sales done but have no physical presence or participation in this activity. Mayor Lynch asked Ms. Butler if the yellow banners are located in other places of the City other than where they are selling? In response, Ms. Butler stated in some locations the banners are across the street from where they are selling so they get the view of the traffic going in both directions. Mrs. Smith asked if they did not have the banners and if it did say it was a benefit of the Jaycees would it be acceptable? In response, Ms. Butler stated the Commission should make this decision. The City Manager clarified that it is not actually the Jaycee members selling the flowers. Ms. Butler further stated staff has moni- tored the activities and have not seen the Jaycee members on site. Mr. Ellingsworth asked if the Delray Jaycees receive a percentage of the sales? In response, Ms. Butler stated to her knowledge this is how it works. Mrs. Smith asked Ms. Butler if she knows what the exact percentage is? In response, Ms. Butler stated she is unsure of the exact percentage. Mr. Randolph stated he does not have a problem with this as long as it does not impede traffic and he feels this is a worthwhile effort. Mrs. Smith feels this is a way for a service club to raise money. After further discussion, Mrs. Smith moved to approve the special event request from the Delray Beach Jaycees with the following four limitations: (1) letter from the owner of the property, (2) locations limited to a maximum of three sites, (3) no banners, and (4) no trucks allowed on right-of-way, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.E. REOUEST TO RELEASE LIENS/232 S.E. 3RD AVENUE: Consider a request from Victor Nocera, owner of property addressed as 232 S.E. 3rd Avenue, to reduce outstanding demolition and nuisance abatement liens totaling $4,603.20 to $500.00. Lula Butler, Director of Community Improvement, stated the outstanding liens due are $4,603.20 including interest. Mayor Lynch asked Ms. Butler if there is also a mortgage and taxes overdue on this property? In response, Ms. Butler stated currently a mortgage and overdue taxes are also due on this property. -8- 5/2/95 Dr. Alperin stated he feels the report is very clear that the City would be forgiving some debt and feels it to be inappropriate. Mr. Ellingsworth is particularly concerned not only with the fact that Mr. Nocera was non-responsive to Code Enforce- ment notices, but with how he did not in anyway cooperate with the law. Mrs. Smith stated she is also unhappy about Mr. Nocera being non-responsive to Code Enforcement notices. Dr. Alperin moved to deny the request to reduce out- standing demolition and nuisance abatement liens from $4,603.20 to $500.00, seconded by Mrs. Smith. Upon roll call the Commis- sion voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion to deny passed with a 5 to 0 vote. 9.F. PROPOSAL FOR ACQUISITION OF T~E SANDOWAY HOUSE PROPER- TY: Consider options for the purchase and conversion of the Sandoway House property to the City's Beach Patrol Headquarters and other uses. The City Manager gave a brief overview of the Beach Patrol Headquarter project and the different locations which staff considered. Possible methods of funding for the acquisi- tion of the Sandoway House Property, was discussed and it was his recommendation that should the Commission made the decision to purchase this property, the house should be moved and a new beach patrol facility built on that site. Mayor Lynch opened the floor for public comment. Armand Mouw, 1231 Vista Del Mar, stated this property is a great site; however, he feels that it would be too costly for the City to convert this wood framed house for staff and public use. He feels the City is paying too much for the proper- ty and the upkeep would be astronomical. Frank McKinne¥, 72 S.E. 6th Avenue, stated he is a developer who feels it is in the City's best interest to purchase the property. He stated since he is still very young, there will be several opportunities for him to work on many beach front projects; however, he feels this particular project is a once in a lifetime opportunity. He also feels some of the financial con- cerns expressed by some people have been alleviated by spreading this project over a three year period. Carolyn Zimmerman, President of the President's Coun- cil, stated she believes the problem with the citizens complain- ing about too much money being spent in Delray lately is because they do not understand why. She feels if people had a clearer understanding of the why? how? and what for? it would help to stop people from being so nervous about money being spent. Ms. Zimmerman feels Sandoway House is a nice old house; however, 9 5/2/95 since this house needs a lot of repair, she feels the City cannot afford spending $625,000. Ms. Zimmerman suggested perhaps the City can remodel the present Beach Patrol Headquarters and add a second floor. She also suggested changing the Comprehensive Plan to accommodate the cabanas and also to store the lifeboats on the beach. Clark French, 1011 North Swinton, supports the acquisi- tion. He stated if the Marine Education Center became a part of this then it could be funded with help from Gumbo Limbo. He stated the safety of people swimming in the ocean is directly related to the response time. He feels since the Sandoway House is more centrally located than Anchor Park, the response time would be much quicker. He stated grant money is available and emphasized how the historic preservation trust has made a prelim- inary offer of granting dollar per dollar matching funds. Fur- thermore, Mr. French feels spreading this over a three year period makes a lot of sense. Bill Hood II, 114 N.E. llth Street, expressed gratitude for being able to grow up in the home for twenty years. He feels Delray Beach has been fully committed to making this City a beautiful place for residents and yearly tourists to enjoy. He stated if the City decides not to buy, then he feels the City will be short-sided in not looking at the future of what it could do for our City. Mr. Hood is extremely thankful for having the opportunity to live in Delray and supports the acquisition of the Sandoway House property. Sacasha Brown, 796 S.W. 20th Court, supports the City renovating the Sandoway House and feels the City will then have a future place for the children of our community to learn more about Florida's ecology and more about Delray Beach's ocean life. She feels the current lifeguard headquarters is currently inade- quate. Furthermore, she encouraged the Commission to consider giving the leaders of tomorrow a place for education with ocean life, and consider giving the lifeguards a new headquarters that they can be proud of. Hank Stephens, 1153 Avocet Road, Vice President of the Gumbo Limbo Executive Board, stated Gumbo Limbo in Boca Raton currently attracts approximately 60,000 people; 10,000 of those are children. He feels it would be a tremendous asset if the Commission votes in favor of having a facility in Delray similar to the Gumbo Limbo. Matt Weiner, 9 NoE. 2nd Street, agrees with Sacasha Brown and feels there is a definite need for the lifeguard head- quarters to be moved into the Sandoway House. He stated since the City is continually promoting to restore these old historic houses, it would be in the City's best interest to renovate ito He feels the central location is good and response time to emer- gencies would probably be faster. He also feels the new educa- tion center being considered would attract many children. 5/2/95 Rachel Speicher, 120 S. Ocean Blvd., expressed concern regarding the cost of this property; however, after hearing the City Manager's comments about the way it can be possibly fi- nanced, and the fact that taxes in all probability would not be raised, she has confidence in staff and management that she believes the City should buy this house and turn it into the right kind of facility. ~arriet Saval, 401 S.W. 27th Avenue, stated her husband spoke with several of the lifeguards who feel that this house is not the type of a place for a lifeguard house. She stated if the City is talking about buying a historical place, then that is an entirely separate issue. Ms. Saval further stated the lifeguards would like something that is convenient for them and they are not looking for something fancy like a historical house. Helen Coopersmith, President of Progressive Residents of Delray, expressed concern over the projected surplus. She stated she is weary of unsubstantiated projections because in- variably when the projections fall short, then the City has to find money in the reserves. She further stated even though the projected cost of buying the Sandoway House is $625,000 the City does not know what the cost will be to renovate the Sandoway House to suit the needs of the beach patrol. Carolyn Patton, 1020 Tamarind Road, stated a few years ago the City Historic Preservation Board asked her to research the history of the South Ocean Boulevard area in Delray Beach and is speaking in favor of this acquisition in the realm of historic preservation. She feels there is a tremendous amount of history on South Ocean Boulevard. She stated some of the most famous residents of our country live there and some of the most well known architects of the 1920's and 1930's designed houses on South Ocean. She also stated Pay Cayce, Historic Preservation Planner, is currently researching to see who was the original architect. Sandra Almy, 1103 Vista Del Mar, stated the Beach Property Owners Association feels the beach patrol needs a new headquarters, the Sandoway Park should be preserved, and supports the acquisition of the Sandoway House property as long it can be done in a financially responsibly way. She feels this is a unique opportunity for the City that should not be overlooked. Bill Schwartz, 3863 Live Oak Boulevard, congratulated the Commission for being most prudent in historical preservation as well as for the service establishments recently accomplished throughout the City; however, he feels that historic preservation is different from the lifeguard station and education. He feels the City will spend well over $625,000 for this facility and stated he feels if this is truly intended to be a facility for the use of lifeguards and equipment, then it belongs east of South Ocean Boulevard. -11- 5/2/95 Jean Beer, 945 Tropic Boulevard, stated the question is not can we buy this property but should we buy this property and where does it fit into our priorities. She stated there is $10,000,000 in unfunded capital needs and she feels that this will not be a good official lifeguard station. At the Town Hall Meeting and the Planning Board meeting people asked for side- walks, swales, and street improvements. She feels the whole point of the Capital Improvement Plan is to have a thought-out plan for the needs of the entire City with full public hearings and then identify the source of funding. Ms. Beer stated she cannot support this acquisition. Bernie Berkoff, Vice President of the United Property Owners of Rainberry Lakes, commended the Commission on doing a fantastic job for this City; however, in this particular in- stance, feels the price of the Sandoway House is too costly. Chuck Sterns, Finance Director and City Clerk for the City of Missoula, Montana, stated with the exception of the cost of the legal ad and some other procedural issues, it does not sound like it would cost the City of Delray anything to proceed to a public hearing regarding this item. He stated there seems to be enough interest from the public tonight to proceed to a public hearing and let this item have a full hearing. Alberta McCarthy, Realtor located at 600 East Atlantic Avenue, stated Delray Beach has always been a tourist City which helps to increase the economic base every year. She feels this is a unique opportunity and looking at it long-term will be to the City's benefit to have a place where tourists can go to find out information about the City as well as having the safety of lifeguards respond quickly to emergencies. Mayor Lynch opened the floor to the Commission. Mr. Ellingsworth stated there is no need for parking on South Ocean Boulevard; however, there is a need for parking on Atlantic Avenue and North Ocean Boulevard. He stated he would hope that the lifeguards would be stationed at the lifeguard towers and not on the other side of Ocean Boulevard, therefore, response time is not an issue to even be considered. He stated the Planning and Zoning Department reviewed about four or five recent sales on the beach. Indication from them is that the price of this land is about one third too high. He stated it will be $625,000 for the land and building, the architect stated $274,000 for improvements. Mr. Ellingsworth stated at the Work- shop meeting of April 11, 1995, the City Manager indicated that this building was not designed for this particular use. Mr. Ellingsworth feels $900,000 could be used for youth activities, sidewalks, drainage, road improvements, and stated he will not support this purchase. Mr. Randolph feels the basic issue the Commission needs to deal with is the cost. The City will have to decide at tax -12- 5/2/95 time if taxes will need to be raised. He feels the facility is extremely nice and would do many things to assist the City in several ways. He is more concerned with what would happen with the building if the City bought the property. Mrs. Smith agrees with Mr. Ellingsworth and Mr. Ran- dolph's prior statements regarding this property. She stated that this is a beautiful house, however cannot support the acqui- sition because she feels it will be too costly. Dr. Alperin feels that this would be a unique opportu- nity for the City. In his opinion, he feels the value placed on this property is not really exorbitant. It's on a high range but still within reason considering the disappearing properties. He further stated he is very pleased with the City Manager's analy- sis. Mayor Lynch stated he is in favor of purchasing this property. Looking back at history in the late 1960's Delray had the opportunity to annex Highland Beach and he feels this is a one time opportunity that will not come again. He also feels this property is extremely unique in the fact that it combines three pieces of property creating a real asset for Ingraham Park. He feels the real concern about this acquisition is the land. Mayor Lynch stated that the City of Delray was rated the best beach in the southeast United States which means there is a lot of tourism involved in Delray. Mayor Lynch feels the City will live to regret not purchasing this property. Mr. Ellingsworth made a motion not to purchase the Sandoway House property, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 3 to 2 vote. At this point, the time being 7:40 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 95-1: Authorize transmittal of Comprehensive Plan Amendment 95-1 to the Department of Community Affairs for State Review. Future Land Use Map (FLUM) amendments which are a part of Amendment 95-1 are: Prior to consideration of passage of this amendment on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. John Walker, Project Coordinator, stated the Comprehen- sive Plan Amendment 95-1 was initiated by formal action of the City Commission on March 7, 1995. It includes four amendments to the Future Land Use Map (FLUM), as well as numerous text changes. The Planning and Zoning Board unanimously recommended transmittal 5/2/95 of the proposed Comprehensive Plan Amendment 95-1 to DCA for review as listed in the staff report. John Walker, further stated this is the transmittal hearing for the Comprehensive Plan Amendment 95-1 and if ap- proved, this will be transmitted to the Department of Community Affairs for State review and the adoption of the plan amendment will be in August. He stated the affected properties are: (1) Blood's Hammock Groves, (2) Northwest Area, (3) Marina Cay, and (4) Jones Property. 1. FLUM Amendment from County MR-5 (Medium Density Residential - 5 units per acre) to City Low Densi ty Residential, Medium Density Residential, Open Space, and Transitional for Blood's Hammock Groves, located on the south side of Linton Boule- vard, east of Military Trail. Pertaining to Blood's Hammock Groves, Mr. Ellingsworth asked Mr. Walker what type of uses are allowed in a ten acre transitional? In response, Mr. Walker stated that transitional will end up with a zoning of SAD (Special Activities District) which will therefore allow whatever uses Commission chooses. The uses that are sought at this time are the retail component of the Blood's property and some additional retail of like character to the Blood's existing fruit selling operation. Donald Herrinq, Landscape Architect/Planner and agent for Blood's Grove, presented the Commission with an overview of the Blood's site. The Blood site is located on the southeast corner of Military Trail and Linton Boulevard. The parcel in its entirety is about 94 acres. Mr. Herring stated they are propos- ing to reassign the City Land Use designations which include the medium density residential, iow density residential, the communi- ty facilities, small portion of open space, and also at one time had a portion in the center which was to be a core community commercial, which now is being relocated to the northeast corner of the property retaining the existing packing facility. At this point, John Walker informed Commission that the Planning and Zoning Board formally reviewed the Blood's Hammock Groves Project at the public hearing on April 17, 1995. There was no public testimony regarding opposing the project; however, there were several people testifying from Crosswinds, Del Aire, and Bel Aire who gave a qualified support basically saying that they could approve the project presuming the develop- er did all the things he promised to do. Mr. Walker stated as a reminder to everyone that this hearing concerns Land Use designa- tion and not zoning. Mayor Lynch opened the public hearing. Bill Schwartz, 3863 Live Oak Boulevard, stated since this has been a very controversial issue, it is nice to see it -14- 5~2/95 all resolved. He stated the Planning and Zoning Department deserves a lot of credit for working this out and feels the Blood Family, their representatives, and their potential developer has made accommodations to the neighborhood. Mr. Swartz congratulat- ed the Commission and the Planning Department and feels this facility will be an asset to the City. Michael Weiner, spoke on behalf of the Del Aire Proper- ty Owners Association, Sol Weinberg, and Daniel Burnheim. He read and entered all the documents contained in the file for this project into the record. Mr. Ellingsworth expressed his appreciation to the group for a job well done. Mr. Ellingsworth moved to approve the FLUM Amendment from County MR-5 (Medium Density Residential - 5 units per acres) to City Low Density Residential, Medium Density Residential, Open Space, and Transitional for Blood's Hammock Groves, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 2. FLUM Amendment from City Advisory Rural Residen- tial to City Advisory Low Density Residential, in part, and Transitional, in part, for a 122 acre parcel located in the northwest area of the City, on the east side of Military Trail, west of Barwick Road, south of the L-30 Canal and north of the L-31 Canal. Diane Dominguez, Planning Director, stated this is the proposed Future Land Use Map Amendment changes which include a change in the City advisory land use designation from Rural Residential (1 unit per 3 acres) to Low Density (up to 5 units per acres) for approximately 118.35 acres in the northwest corner of the City and a change in the City advisory land use designa- tion from Rural Residential (1 unit per 3 acres) to Transitional for 3.51 acres in the northwest corner of the City (Delray Stor- age Site). The primary purpose of the amendment is to achieve consistency between the City's and the County's Land Use designa- tion. Ms. Dominguez stated the whole point is to facilitate annexation. At the April 17, 1995 public hearing of the Planning and Zoning Board, several people from the surrounding subdivi- sions Country Manor, Golf Club Estates as well as from the sub- ject properties spoke in opposition to the change citing a desire to remain rural, increased impact on services and an increase in traffic on Barwick Road and Lake Ida Roads. The Planning and Zoning Board discussed the proposal at length and some members opposed the change, others recommended -15- 5/2/95 the amendment be transmitted while a method to limit the density between the existing Rural Residential and Low Density be ex- plored and others recommended approval. The Planning and Zoning Board voted 3-2 in favor of transmitting the amendment as pro- posed. Mayor Lynch opened the floor for public comment. Gerald Defoe, representing Country Manors, stated he attended the Planning and Zoning meeting and the reason the vote was split 3-2 was because some of the people that own property wanted to maintain it at one unit for every five acres and two votes went for that purpose while the other three went along with the City of one and three acres. Mr. Defoe stated Country Manors has no quarrel with either of these. He commended the Planning and Zoning Board for their action and stated that Country Manors is in full support. Roqer Saberson, 70 S.E. 4th Avenue, attorney, stated the Planning and Zoning Board's split vote was created because of the importance of getting this item completed and to the State and County. The biggest persuasion in the split vote was the testimony of the residents in the area and their desire to live in the last enclave of that rural type situation within the grasp of Delray Beach. Kiernan Kilda¥, attorney representing Ruby Bennett, stated Ms. Bennett owns the large parcel on the north half of the area which is an existing nursery. He stated within Palm Beach County this entire area has had the current Land Use of five units per acre for the past twenty years. Although the character of the area is rural, Mr. Kilday stated that character is there despite the fact that the County has had that Land Use. Mr. Kilday is requesting that the City be consistent with the County so when this property is annexed into the City, that the property be allowed to be annexed at the same designation as it was in the County. Michael Raimondi, 1014 Brooks Lane, owns a 10 ten acre nursery on the parcel which backs up to the Ruby Bennett estate. Mr. Raimondi stated he is favor of the change in the City land use designation. The public hearing was closed. Mrs. Smith moved to approve the FLUM Amendment from City Advisory Rural Residential to City Advisory Low Density Residential, in part, and Transitional, in part, for a 122 acre parcel located in the northwest area of the City, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. -16- 512195 3. FLUM Amendment removing the Large Scale Mixed Use Overlay Designation for Marina Cay, located on the east side of North Federal Highway, immediately south of the Delray Swap Shop. John Walker stated the proposal is to remove the Large Scale Mixed Use overlay designation that currently applies to the 11.11 acre parcel. The designation was applied to accommodate the previously approved mixed use development known as Marina Cay. The Marina Cay project is no longer viable and the property has since been rezoned to RM. At the Planning and Zoning Board public hearing of April 17, 1995, there was no public testimony regarding this proposed FLLTM amendment. The Planning and Zoning Board voted unanimously (5-0) to recommend approval of the FLUM amendment to remove the Large Scale Mixed Use Overlay designation. Mayor Lynch opened the public hearing. No one from the public came forward and the public hearing was closed. Mr. Randolph moved to approve the FLUM Amendment remov- ing the Large Scale Mixed Use Overlay Designation for Marina Cay, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 4. FLUM Amendment from County MR-5 (Medium Density Residential - 5 units per acre) and HR-8 (High Density Residential - 8 units per acre) to City Medium Density Residential (5-12 units per acre) for the Jones Property, located on the north side of West Atlantic Avenue between Barwick Road and Hamlet Drive, immediately east of Carver Middle School. John Walker stated the FLUM designation from County HR-8 (High Density Residential 5-8 du/ac) and MR-5 (Medium Densi- ty Residential 3-5 du/ac) to City MDR (Medium Density Residential 5-12 du/ac). The FLUM amendment was to be heard concurrently with an annexation and initial zoning of RM (Medium Density Residential) request, however, the applicant requested postpone- ment of the annexation and rezoning action to the May Planning and Zoning Board meeting. At the Planning and Zoning Board public hearing of April 17, 1995, there was no public testimony regarding the proposed FLUM amendment. The Planning and Zoning Board voted unanimously (5-0) to recommend approval of the FLUM amendment. Mayor Lynch opened the public hearing. No one from the public came forward and the public hearing was closed. -17- 5/2/95 Dr. Alperin asked what the density is of the property to the east and north. Diane Dominguez stated Kingsland which is to the north, is one unit per acre, and Windy Creek which is east, is five units per acre. Mrs. Smith moved to approve the FLUM Amendment from County MR-5 (Medium Density Residential - 5 units per acre) and HR-8 (High Density Residential - 8 units per acre) to City Medium Density Residential (5-12 units per acre) for the Jones Property, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. John Walker, Project Coordinator, stated the last part of this is the balance of the amendment which are all the text amendments and changes to policies and objectives. John Walker stated the Planning and Zoning Board for- mally reviewed the items included in the Plan Amendment 95-1 at the public hearing on April 17, 1995. There was no public testi- mony regarding the text amendments. The Planning and Zoning Board recommended transmittal unanimously (5-0). Dr. Alperin moved to approve the transmittal of the Comprehensive Plan Amendment 95-1 to the Department of Community Affairs for State Review, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 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. The City Manager commented on the problems with people taking dogs on the beach in the vicinity of the pavilion. The Sign Shop has been requested to install a "No Dogs Allowed" sign in that conventional area. Secondly, the City Manager stated there were concerns raised about the City's landlord permit process. We suggested that the City consider changing its ordinance to require one permit per building similar to Boca Raton and Boynton Beach. The City of Delray's research indicates that neither the City of Boca Raton nor the City of Boynton Beach require landlord permits at all. The City Manager stated what was being referred to was occupational license requirements of these two cities. Mr. Behar, who inquired about the landlord permit process, owns several condominiums within existing complexes. The City Manager even if the City changed its ordinance to propose a flat fee for one multi-family building, you would not be able to take advan -18- 5/2/95 tage of that change. The landlord permit has been an effective tool to address substandard and/or overcrowded units throughout the City. Approximately 35% of Mr. Behar's units are leased under the Housing Authority Section Eight Program. These units are exempt from the landlord permitting requirements; however, as an investor, he is required to have permits for all other units he leases. Thirdly, the City Manager stated he had a telephone conversation on April 27, 1995, with Ron Terrell with Palm Beach County Engineering, informed the City that the Lake Ida Road Widening Project will be advertised May 28, 1995, open bids on June 20, 1995, and the start of construction will begin near the end of August. The City asked why the schedule was changed and Mr. Terrell's indicated the County Attorney's office has not obtained all the needed right-of-way. The City Manager stated the City offered to assist in any way to speed up the process of right-of-way acquisition. 11.B. From the Public. ll.B.1. Eli Behar, 4309 Live Oak Boulevard, expressed concern over the City's occupational license fee. He provided Commission with a comparison of occupational license fees in nearby Cities which shows the City of Boca occupational license tax to be one set fee of $100. He also feels the City of Delray Beach should have one set fee for landlord permits instead of charging for each unit. Mayor Lynch supports the landlord permit ordinance because the City of Delray Beach has more tenants as compared to other municipalities. Therefore, he stated if the City is going to have this type of occupancy instead of owner-occupied, then the City needs to protect the rental tenant from substandard living conditions. Lula Butler, Director of Community Improvement, stated the City has found the per unit cost to be effective; it does not matter how many units a person may own. She stated to her knowl- edge Mr. Behar does not own an entire building; he owns individu- al ~ondominiums within existing apartment complexes. Therefore, Ms. Butler stated that in the past the City always had to charge Mr. Behar by the unit. The City Attorney stated according to the landlord permit ordinance, different owners within one building can name an agent and apply for one permit. Mayor Lynch stated if Mr. Behar would like to do this, then the City is willing to work with him. Mayor Lynch recommended Mr. Behar contact Ms. Butler, Director of Community Improvement, for further discussion. 11.B.2. Helen Coopersmith, 1222 South Drive Way, questioned the enforcement of the landlord permit ordinance on subdivisions. -19- 5/2/95 The City Manager stated the City has looked at those properties that do not have homestead exemption and if the prop- erties do not have homestead exemption, then there is a good chance they are rental property. He further stated unless it could be demonstrated otherwise, the City would then inform the landlords that they would need a permit. At this point, the time being 8:30 p.m., the Commission proceeded to the First Readings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 21-95: An ordinance modifying the Spe- cial Activities District (SAD) for the Layer's North development located on the east side of S.W. 10th Avenue and Lindell Boule- vard, south of Linton Boulevard. If passed, public hearing on May 16, 1995. The City Manager presented Ordinance No. 21-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE LEGAL DESCRIPTION FOR THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTAB- LISHED BY ORDINANCE NO. 65-80; MODIFYING THE CONDITIONAL USE AND SITE PLAN APPROVAL FOR THE SUBJECT PROPERTY; PROVIDING FOR REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE PLAN MODIFICATIONS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mayor Lynch asked Diane Dominguez if the additional units will be rental units like the present occupancy? In re- sponse, she stated the additional units are proposed for multi- family rental apartments. Ms. Dominguez further stated the original SAD zoning did not restrict it to owner occupied units. Dr. Alperin moved to approve Ordinance No. 21-95 on FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com- mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 4 to 1 vote. 12.B. ORDINANCE NO. 22-95: An ordinance amending the Land Development Regulations by enacting a new Section 4.4.28, "Cen- tral Business District - Railroad Corridor (CBD-RC", and amending LDR Section 4.3.4(K), "Development Standards Matrix", to provide development standards for the new district. If passed, public hearing on May 16, 1995. -20- 512195 The City Manager presented Ordinance No. 22-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR (CBD-RC)"; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", TO PROVIDE DEVELOPMENT STANDARDS FOR THE NEW DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 22-95 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 24-95: An ordinance amending Section 4.4.13(F) and Section 4.3.4(K) of the Land Development Regula- tions to reduce the open space requirement in the Central Busi- ness District (CBD). If passed, public hearing on May 16, 1995. The City Manager presented Ordinance No. 24-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(F), "DEVELOPMENT STANDARDS", OF THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING SUBPARAGRAPH 4.4.13(F) (2) TO REDUCE THE MINIMUM OPEN SPACE REQUIREMENT WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.3.4(K), "DEVELOPMENT STANDARDS MATRIX", BY AMENDING THE MAXIMUM LOT COVERAGE REFERENCE FOR THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 24-95 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; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote° -21- 5/2/95 12.D. ORDINANCE NO. 23-95: An ordinance amending LDR Sec- tions 8.2.1(A),"Creation of the Downtown Development Authority", to correct a scrivener's error, and 8.2.2(B), "Downtown Area Description", to provide revised descriptions of the original and expanded boundaries of the DDA area. The City Manager presented Ordinance No. 23-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER EIGHT, "SPECIAL IMPLEMENTATION PRO- GRAMS"__ SECTION 8.2.1, "THE DOWNTOWN DEVELOP- MENT AUTHORITY (DDA)" SUBSECTION 8.2.1(A), "CREATION", TO CORREC~ A SCRIVENGER'S ERROR IN THE EFFECTIVE DATE OF THE ACT; AMENDING SECTION 8.2.2(B), "DOWNTOWN AREA DESCRIP- TION'', TO PROVIDE REVISED DESCRIPTIONS OF THE ORIGINAL AND EXPANDED AREAS OF THE DOWNTOWN DEVELOPMENT AUTHORITY; ENACTING AN APPENDIX "B" TO THE LAND DEVELOPMENT REGULATIONS TO PROVIDE GENERAL DESCRIPTIONS OF THE ORIGINAL AND EXPANDED AREAS OF THE DOWNTOWN DEVELOP- MENT AUTHORITY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 23-95 on FIRST Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.E.~ ORDINANCE NO. 25-95: An ordinance amending Chapter 52, "Water", and Chapter 53, "Sanitary Sewers", of the City Code to provide for proration of initial and final billing. If passed, public hearing on May 16, 1995. The City Manager presented Ordinance No. 25-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.50, "RENDERING OF BILLS; WHEN PAYMENT DUE", BY AMENDING SUBSECTION 52.50(B), TO PROVIDE THAT INITIAL AND FINAL BILLING WILL BE PRORATED BASED ON SERVICE DATES; AMENDING CHAPTER 53, "SANITARY SEW- ERS", SECTION 53.130, "USER CHARGES; WHOLE- SALE SEWER RATES; CALCULATION OF SEWER SUR- CHARGE'', BY AMENDING SUBSECTION 53.130(H), TO PROVIDE THAT INITIAL AND FINAL BILLING WILL -22- 5/2/95 BE PRORATED BASED ON SERVICE DATES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Smith moved to approve Ordinance No. 25-95 on FIRST Reading, seconded by Randolph. Upon roll call the Commis- sion voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.G. of the Regular Agenda. 9.G. BANNER ATTACHMENT AGREEMENT/FLORIDA POWER AND LIGHT: Consider approving a Banner Attachment Agreement with Florida Power and Light Company to temporarily hang banners purchased by the Joint Venture on FPL poles on Federal Highway. Robert Barcinski, Assistant City Manager, stated Lee Graham, Risk Management Officer, has assured him that the City can get the insurance coverage to meet FPL's needs through Gallagher Bassett for approximately $1,000. The City Manager stated with that kind of insurance available, staff recommends to approve the agreement and go forward with hanging the banners. Mr. Ellingsworth asked if Joint Ventures offered to pay for the insurance? In response, Mr. Barcinski stated he was not able to talk to anyone to see if they would be willing to pay or share the cost. Dr. Alperin moved to approve the Banner Attachment Agreement with Florida Power and Light subject to Joint Venture or DDA funding the cost, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 9.H. CONTRACT ADDITION (C.O. NO. 4)/F~ARDRIVES OF DELRAY, INC.: Consider Contract Addition (C.O. No. 4) in the amount of $80,306.90 to the contract with Hardrives of Delray, Inc. for improvements to the CSX Railroad right-of-way, and for paving S.W. 6th Avenue and S.W. llth Streets. Funding is available from 228-3162-541-61.90 ($42,268.90), and 61.19 ($38,038,00). The City Manager stated this Contract Addition does two things. One, it carries the four-lane across the railroad which the City did not put in the original contract because D.O.To told the City it would be July until the railroad crossing would be completed. Second, this will pay for the paving of S.W. 6th Avenue and S.W. llth Street. -23- 5/2/95 Dr. Alperin moved to approve the Contract Addition (C.O. #4) in the amount of $80,306.90 to the contract with Hardrives of Delray, Inc. for S.W. 10th Street - Phase II im- provements to the CSX Railroad right-of-way, and for paving S.W. 6th Avenue and S.W. llth Streets, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.I. AGREEMENT FOR REPAIR OF VETERANS PARK SEAWALL: Consid- er a settlement agreement with Coastal Planning and Engineering, Inc. and B.K. Marine Construction, Inc. for the repair of the Veterans Park seawall. Costs will be shared equally. The City's share will be minus the cost of removal and replacement of brick pavers, for a total of $4,249.07. The City Attorney recommended for each party to pay a share and noted it is approximately a one third split. She also noted a correction to the City's share amount of $4,249.07. The City's out of pocket expense will be $3,582.40 plus the responsi- bility of removal and replacement of the brick pavers. Dr. Alperin moved to approve the settlement agreement with Coastal Planning and Engineering, Inc. and B.K. Marine Construction, Inc. for the repair of the Veterans Park Seawall as presented in the amended memorandum, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.J. REIMBURSEMENT TO HIGHLAND BEACH/SEWAGE OVERFLOW BILL- ING: Consider request from Highland Beach for reimbursement of overcharges due to inaccurate registering of monthly sewage flows through a faulty metering device. The City Manager stated the City is satisfied that Highland Beach's request for reimbursement of the $97,708.00 is a good settlement. Mayor Lynch asked if calibrations are being done more frequently? In response, Dick Hasko, Deputy Director of Public Utilities, stated the meter that was causing the City problems was about thirteen years old and has not been replaced by a new meter. Mayor Lynch asked if the City trends the meter by the billing system? Mr. Hasko stated the City is calibrating the meter a minimum of twice a year. Dr. Alperin moved to approve the settlement, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer -24- 5/2/95 In response to Commissioner Smith's prior inquiry regarding hurricane shutters for City Hall, the City Manager stated the City has two rough estimates for two different options on shuttering the remainder of City Hall. One option would be to put accordion type shutters on the remainder of the building; the estimated cost is $97,680. The other option would be to overglaze with lexan. Lexan overglazing is a no maintenance and a no manpower solution which offers a level of protection superi- or to shutters although the first cost expense is 35% higher; the estimated cost is $120,000. The third option would be to do a combination with shutters on the bottom floor, lexan on the upper floor; the estimated cost is $110,000. The City Manager stated the City expects to receive the remaining report on hurricane hardening measures within the next couple weeks as to what should be done to either protect or relocate the computer center. Once this is done, the City would be in a position to recommend what further measures should be taken here in City Hall to protect it. Mayor Lynch stated the insurance industry standards show that because of the wind-driven sand at the time of a hurri- cane, the lexan will be damaged beyond use resulting in the lexan having to be replaced. Mayor Lynch asked the City Manager if staff has ever looked into an outdoor security vault to store records? In response, the City Manager stated the City does store computer tapes and records off-site; however, he is unsure of the exact location. In response to Mayor Lynch's prior inquiry regarding front yard fences, the City Manager stated staff is drafting a text amendment to the City code to address this issue which should go before the Planning and Zoning Board in June. In response to Mr. Randolph's prior suggestion regard- ing recognizing those board members with perfect attendance, the City Manager suggested there are a few things that can be done. One suggestion is to present a plaque at the Commission meetings, or have a luncheon with the Commission and/or the Mayor. He further stated staff would like further direction exploring this idea. He stated fifteen committee members had perfect attendance in 1994; however, some of these persons were members of boards or committees which may have met quarterly or infrequently. The City Manager inquired as to whether there should be some allow- ance for those persons on boards or committees with a heavier time commitment. Mr. Ellingsworth inquired about how much was involved in the cost of the dinner held in the past? In response, Mayor Lynch stated the dinner cost the City several thousands of dol- lars. The City Manager stated the City holds recognition lun- cheons for volunteers which cost less than $1,000. The consensus of the Commission was to pursue the recognition luncheon for all board members. 13.B. City Attorney -25- 5/2/95 The City Attorney stated the City is currently in Federal Court in a case (Rodney Thomas vs. the City) and is having very good preliminary results, with a directive verdict on behalf of the City and most of the officers names in the particu- lar suit. 13.C. City Commission 13.C.1. Dr. Alperin Dr. Alperin stated that he has been selected by the Municipal League as one of their representatives to the Education Concurrency Task Force. Secondly, Dr. Alperin stated the Palm Beach County School Board will have a final meeting regarding their capital projects for next year on May 3, 1995, at 6:00 p.m. at the Palm Beach County School Board Administration Building, and he will make every effort to attend. Thirdly, he stated he would like to know what the status is regarding the Lakeview zoning. The City Manager stated he will meet with Dr. Alperin to discuss this matter. 13.C.2. Commissioner Smith Commissioner Smith feels strongly about the hurricane shutters for City Hall and would like to see the City purchase the shutters by this summer. 13. C. 3. Mayor Lynch Mayor Lynch stated John Adams, 9350 South Dixie High- way, Miami, recommended that the City look into setting up a foundation 501-C Corporation. Mayor Lynch asked the City Attor- ney to contact Doug Randolph, Training and Development Manager, to discuss this matter further. Secondly, Mayor Lynch stated he is receiving many letters from residents regarding 1st Court and asked the City Manager if the City has made any determination as to what will be done on these dead end waterfront properties? In response, the City Manager stated in the City of Delray Beach Comprehensive Plan Policy it states the City needs to increase access to the Intracoastal. Staff in responding to residents has indicated this. The City has given an application to one resident in this area for seawall abandonment; however, the application was never returned to the City. The City Manager further stated owners of these waterfront properties can contact Diane Dominguez, Planning Director, for further assistance. 13.C.4. Commissioner Randolph -26- 5/2/95 Commissioner Randolph stated he is extremely happy to see that the new Sheriff of Palm Beach County is adjusting his approach to street level drugs by going against the carriers. Commissioner Randolph supports researching the present location of the Lifeguard station; however, if found to be feasi- ble, the City may consider turning the station into a two-story building. 13.C.5. Commissioner Ellinqsworth Commissioner Ellingsworth inquired about how the City will proceed with the Lifeguard Station. In response, the City Manager stated staff and the architect will review possible site locations. Anchor Park and Holiday Inn are being recommended as possible sites for the Lifeguard Station. There being no further business, Mayor Lynch declared the meeting adjourned at 9:15 P.M. /City ~le~k ' 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 - dity 'C~e~ - - 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 -27- 5/2/95 involve some amendments, additions or deletions to the minutes as set forth above. -28- 5/2/95 One of the major portions of the Comprehensive Plan is the five year Capital Improvement Plan. The whole point of this part of the plan is the need to identify, prioritize, and to provide secure funding sources for needed capital improvement. We had gone through a period in this city when everything was done on a case by case basis with no thought of the overall needs of the city. It would seem that now we are abandoning this orderly process in favor of things that suddenly must be done that are not in the plan. Although the Crossroads (Alcolol & Drug Center) money will be coming back, it must first be paid out, $280,000. The Monterray House,S260,000, although the money is not coming directly out of the city funds, it is coming out of money that should be going into the general fund repaying the C.R.A. debt needed to pay for already identified needs. What are some of these needs? 1. We are going to need to increase the amount to the Construction Fund by $400,000 this year to pay for the Silver Terrace Roads. These people have been waiting for almost ten years for this. 2. We are going to need $339,000 extra for the Pompey Park Pool. This plus the 280,000 for the Crossroads add up to $619,000 to come from what we hope will be our so called surplus at the end of the year. That surplus may be between $700,000-$800,000. Remember that a this time this is a projection not a fact. 3. We need hurricane shutters for city hall. The windows on the second floor are set in styrofoam covered with plaster! Clearly we do not need a major hurricane to be at risk, not only of losing the entire finance department and city clerks office but the total MIS system as well. 4. We need to fund the $500,000 deficit in the insurance fund. 5. Our undesignated fund balance at the end of the year must cover the cost of operating the city for the three months when we receive no taxes. Taxes represent almost one-half of our budget. The present balance is $3,754,853. Three months of the total budget is $10,236.00. If you multiply that by 47% (tax portion) we should have an undesignated balance of $4,700,000. It means that we need to add $945,147. Now let's look at the needed unfunded capital needs already identified in the capital improvement program. The total amount comes to $10,033.400. The major components of these unfunded needs are as follows: Police $549,000 They need more memory for their main computer, lap-tops and automated fingerprinting system. Public Works: $900,000 Replacing a fuel tank mandated by the E.P.A., building improvements to the com- munity and Katherine Strong centers. Parks: $525,000 Improvements to the Boy Scout Hut, Pompey and Miller Parks. Road Improvement, swales, sidewalks $6,739,900.!!!!!! This amount is the size it is because of the kind of behavior we are seeing now, neglecting the basics for the highly visible nice to do. Road improvements improve property values! Now we are asked to accept not only the two already done projects that are not in the plan or the capital improvement budget but to increase the cost of a needed life guard station by over $660,000 in order to do historic restoration, a once in the life time chance. What are some of the things that are negative? 1.Staff has already stated that even restored in their opinion it will not result in the quality facility that is needed. 2, An environmental program sounds very nice, who will staff and fund this, again it is not in our comp. plan. 3. In order to obtain the money to purchanse the land staff has said loud and clear that it will have to borrow the money and increase the debt millage. 4. No one knows what the cost of renovation will actually be until you get into it. Just how much did the two CRA Houses go over the estimates? 5. Grants sound nice but will they be available for purchase of the land? What are some of our alternative? 1. Move up the land swap with the Holiday Inn and build on that land. 2. Get a fifty year lease on Anchor Park and build there. 3. Do a land swap with Mr. McKinney so that instead of two long thin pieces of land there are two square ones and build a new building as needed. The commission has also committed to about another quarter million dollars for Atlantic High School. Then there is the Visions Bond Issue. Our last two items are the renovation of Fire Stations two and three. At this time it may not be possible to do the renovations with the remaiining money. I will repeat again, are we going to continue to ignore a well drawn plan and the already identified needs every time someone comes up with a great new idea we just can't pass up. I was given to understand that the commisssion is legally bound to follow the plan.