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07-11-95 JULY 11, 1995 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas E. Lynch in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, July 11, 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 Fred Basil, St. Mary The Virgin Anglican Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. Mr. Ellingsworth moved to approve the agenda as submit- ted, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. A1perin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes. None. 6. Proclamations: None. 7. Presentations: None. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. LANDSCAPE WAIVERS FOR FINE REALTY OFFICE: Approve two waivers to LDR Section 4.6.16(H) (3) (a) to eliminate one required terminal landscape island and reduce the width of one required terminal landscape island from 5 feet to 4 feet for Fine Realty Office, proposed to be located at the northeast corner of N.E. 5th Avenue and N.E. 3rd Street, based upon positive findings. 8.B. LANDSCAPE WAIVERS FOR LINTON OFFICE CENTER: Approve waivers to LDR Section 4.6.16(H) (3) (k) to reduce the required landscape strip between a parking row, and LDR Section 4.6.16(H) (3) (d) to eliminate the required 5 foot landscape strip along the north property line of Lot 1, the north and south property line of Lot 3, and the north property line of Lot 5 for Linton Office Center, located east of Military Trail on the south side of Linton Boulevard, based upon positive findings. 8.C. LANDSCAPE WAIVER FOR LAKE IDA PARK: Approve a waiver to LDR Section 4.6.16(H) (3) (i) to eliminate the required land- scape islands within the parking lots located in the south end of the northern portion of Lake Ida Park, located east of 1-95 on the north side of Lake Ida Road, based upon positive findings. 8.D. RESOLUTION NO. 53-95 (ABANDONMENT OF A PORTION OF N.W. 6TH AVENUE) & WAIVER OF REQUIREMENT TO PLAT: Approve a resolu- tion abandoning a portion of the N.W. 6th Avenue right-of-way lying south of Lake Ida Road and immediately west of the Communi- ty Child Care Center; and waive the requirement of LDR Section 2.4.6(O) (3) (e) that the abandoned property be platted, subject to conditions. The caption of Resolution No. 53-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF NORTHWEST 6TH AVENUE RIGHT-OF-WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO RECEIPT OF A REPLACEMENT EASEMENT FOR EXISTING FACILITIES. (Copy of Resolution No. 53-95 is on file in the offi- cial Resolution Book) 8.E. ACCEPTANCE OF EASEMENT DEED FROM COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, INC.: Accept an easement deed from the Community Child Care Center to cover existing facilities within the N.W. 6th Avenue right-of-way to be abandoned by Resolution No. 53-95. 8.F. ACCEPTANCE OF EASEMENT DEED FROM COUNTY SANITATION INC.: Accept an easement deed from County Sanitation, Inc. granting a 15 foot water main easement on property located at 1475 S.W. 4th Avenue. 8.G. AUTHORIZATION TO PROCEED/MONITORING STUDY OF THE BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with the Two Year Post-Construction Infaunal Monitoring Study for the 1992 Beach Nourishment Project at a cost not to exceed $13,282.11; with funding from the Beach Restoration -2- 7111195 Fund. The entire cost will be reimbursed from Federal, State and County appropriations. 8.H. FINAL PLAT/DELRAY SHELL: Approve the final plat for Delray Shell located at the southeast corner of Atlantic Avenue and Congress Avenue. 8.I. FINAL PLAT/VETERANS PARK: Approve the final plat for Veterans Park which consolidates the Veterans Park property and related easements. 8.J. REVISION TO CORNICHE PLAT: Approve a change in the dedication language for the 24 foot access easement on the Corniche plat to allow public access. The property is located on the east side of northbound Federal Highway, just south of Knowles Park. 8.K. RESOLUTION NO. 48-95 AND ASSIGNMENT TO HABITAT FOR HUMANITY: Approve a resolution authorizing the City to purchase the Randolph-Baker property located on S.W. 7th Avenue to provide for housing pursuant to the City's Affordable Housing Program, together with an Assignment Agreement whereby the City will assign its rights in the purchase contract to Habitat for Humani- ty. The caption of Resolution No. 48-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLERS CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 48-95 is on file in the offi- cial Resolution Book) 8.L. RESOLUTION NO. 49-95: Approve a resolution authorizing the City to purchase property located at 608 South Swinton Avenue for $22,950, and 4795 N.W. 6th Street for $43,200 to provide for housing pursuant to the City's Affordable Housing Program. Funding is available from HOPE 3 118-1922-554-61.10, 49.10, 83.01, 34.30, and 49.19, through budget transfer from 31.30. The caption of Resolution No. 49-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND -3- 7/11/95 ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 49-95 is on file in the offi- cial Resolution Book) 8.M. TELEPHONE ACTIVATED VEHICLE INFORMATION SYSTEM (TAVIS) AGREEMENT: Approve an agreement with the Palm Beach County Tax Collector to put the City on-line with the Telephone Activated Vehicle Information System (TAVIS) network, which allows direct access to the Florida Department of Highway Safety and Motor Vehicles, at an annual cost of $50.00. 8.N. HOLD HARMLESS AGREEMENT WITH SPANISH RIVER RESORT ASSOCIATION, INC.: Approve a Hold Harmless Agreement with Span- ish River Resort Association, Inc. to indemnify the City from any suits relating to the maintenance of utilities within an existing easement in which the Association constructed an 8 foot privacy wall. 8.0. RESOLUTION NO. 51-95/STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY: Approve a resolu- tion authorizing the Mayor and City Clerk to execute the State- wide Mutual Aid Agreement for Catastrophic Disaster Response and Recovery, and Modification #1 thereto. The caption of Resolution No. 51-95 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE STATEWIDE MUTUAL AID AGREEMENT FOR CATA- STROPHIC DISASTER RESPONSE AND RECOVERY, AND MODIFICATION #1 TO SAID AGREEMENT. (Copy of Resolution No. 51-95 is on file in the offi- cial Resolution Book) 8.P. AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/McGRAW PROPERTY: Approve an amendment to the above referenced contract to enlarge the time for inspection until August 15, 1995, in order to conduct the second phase of the environmental audit on the property. 8.Q. OFFER OF JUDGMENT/CITY V. PACOULOUTE (S.W. 10TH STREET ACQUISITION): Approve a settlement offer in the amount of $5,000.00, not including attorney's fees, for settlement of the above referenced eminent domain case. 8.R. SETTLEMENT OFFER/CHARLIE BROWN V. CITY OF DELRAY BEACH: Reject settlement offer in the amount of $100,000.00 in the above referenced case. -4- 7/11/95 8.S. RESOLUTION NO. 52-95: Approve a resolution assessing costs for abatement action required to remove nuisances on 13 properties located throughout the City. The caption of Resolution No. 52-95 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 DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OP THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 52-95 is on file in the offi- cial Resolution Book) 8.T. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Management Dynamics for a Cassette Tape Back-up Unit with two, six-cartridge autoloaders for the City Hall AS/400. The current back-up unit will be installed on the Police Department AS/400. The total cost including the two installations is $31,950, from 334-6112-519-64.11. 2. Grant awards for the rehabilitation of three single family housing units owned by the City under the HOPE 3 home ownership program, to be awarded as follows: $17,356 for rehabilitation at 264 N.E. 14th Avenue to Henry Haywood, $13,713 for 5072 N.W. 5th Street to Alpha Ultra Inc., and $23,084 for 511 Angler Drive to Alpha Ultra Inc. Grant award amounts include base bid plus 5% contingency. Funding is available from HOPE 3 Grant 118-1922-554-49.19, through budget transfer from 118-1922-554-31.30. 3. Bid award to Hardrives of Delray, Inc. for road resurfacing on Bishop Drive, Ross Drive, Ambrose Drive, and Poinsettia Boulevard, and complete road reconstruction of approximately 1100 linear feet of Davis Road, all in the Sudan Subdivision, with funding in the amount of $63,694; with $24,025 -5- 7/11/95 from 334-3162-541-61.17 and $39,669 from 228-3162-541-61.19. 4. Bid award to Wallace Ford for one Ford F-150 1/2 ton, 4 x 2 pickup truck, in the amount of $15,693 from 501-3312-591-64.20. Mr. Randolph moved to approve the Consent Agenda, 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. REGULAR AGENDA: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Planning and Zoning Board and the Site Plan Review and Appearance Board during the period June 19 to July 7, 1995. Dr. Alperin moved to receive and file the report, 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.B. RESCHEDULING FIREWORKS DISPLAY: Consider a proposal to reschedule the Centennial Fireworks Display. The City Manager stated he is recommending the Centen- nial Fireworks Display be rescheduled to Labor Day, September 4, 1995, with reinforcing the centennial as the main theme. Mr. Randolph moved to approve the rescheduling of the fireworks display to Labor Day, September 4, 1995, 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.C. WEST ATLANTIC AVENUE REDEVELOPMENT PLAN: Consider adoption of the West Atlantic Avenue Redevelopment Plan and initiation of associated Future Land Use Map amendments, rezonings and LDR text amendments. Diane Dominguez reviewed the various comments and concerns expressed by the Commission at the June 13th Workshop Meeting, some of the major concerns were height limits, Architec- tural Review Committee, neighborhood orientation, feasibility, safety and flexibility. The Planning and Zoning Board considered this item at its meeting of May 15, 1995. After a brief discussion, the Board -6- 7/11/95 voted unanimously (6-0, Schwartz absent) to recommend approval of the plan. Kevin Egan, Chairman of the Community Redevelopment Agency, emphasized that Phase I of the West Atlantic Avenue Redevelopment Plan contains the Comprehensive Plan and stated all requirements have been met. He stated some of the specifics for Phase II of the West Atlantic Avenue Redevelopment Plan will be brought back around January 1, 1996. He reiterated that the CRA's number one priority will be to focus on the West Atlantic Avenue Redevelopment Plan. Mayor Lynch opened the floor to the Commission for comments. Mrs. Smith asked Mr. Egan if the marketing report is available and when will the CRA select a director? Mr. Egan responded that the results of the marketing report is not com- plete at this time and a special meeting will probably be held on Thursday, July 20th to interview and select a director from the two remaining candidates. Chris Brown, responded to Mr. Ellingsworth's inquiry concerning the Architectural Review Committee by explaining that this Board would not cause delays in the approval process and has already worked well in several cases. Mr. Ellingsworth commended all persons involved with the development of the West Atlantic Avenue Redevelopment Plan. He felt it was very important that everyone concerned in the development of the West Atlantic Avenue Redevelopment Plan compromised to get where they are today and he would support the Plan. Mr. Randolph stated that the objections he raised at the last meeting regarding the West Atlantic Avenue Redevelopment Plan, were those that surrounded the "what if" type situations particular as it had reference to the powers of the CRA to deal with the citizens in that area. His basic concern was that he wanted everyone to know that even if this plan got approved, it would not be easy. Furthermore, he is in full support of the plan and commended the CRA, in addition to everyone involved, for turning out this type of plan. Dr. Alperin stated he has considerable reservations about the potential success of the plan; however, he sincerely would like to see the plan succeed. He will support the plan because he feels so much time, effort, and compromise has gone into the plan. Mayor Lynch feels this is not a Redevelopment Plan but part of the City's Comprehensive Plan which the City would have done with or without the CRA. He stated hiring a director is totally different than Pineapple Grove which is a mainstreet program that operates on its own with conjunction of the City and the CRA all working as a team. He stated anyone hired by the CRA -7- ?/1 /95 is an employee of the CRA and the Board of the CRA is responsible for their own actions. He also has concerns about the feasibili- ty, and will hold the CRA responsible until the end of the year to make sure there is a more concrete plan that comes back in- stead of a plan that is so abstract. Mr. Egan stated he guaran- tees the CRA will do their best to accomplish these goals. Mr. Randolph expressed concern over the CRA's powers in Phase II of the West Atlantic Avenue Development Plan and feels the plan may well override the expectations of the people. Mr. Egan informed Mr. Randolph that he hopes the Director of the CRA will work with the people and stay within these guidelines or continue to think of compromises. Mayor Lynch agrees with Mr. Randolph and wants the Board to have a good feasible economic plan. Mr. Randolph reiterated that he wants residents to know that although this plan is approved this evening, that may not protect many of the thoughts and comments that they had during all of the discussions of the West Atlantic Avenue Redevelopment Plan meeting. Mayor Lynch stated he agrees with Mr. Randolph and feels since the Board was an Advisory Board, the Board should implement whatever is reasonable. Mr. Ellingsworth moved to approve the West Atlantic Avenue Redevelopment Plan Phase I and initiation of associated Future Land Use Map amendments, rezonings and LDR text amendments as recommended, 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.D. CONDITIONAL USE APPROVAL/FINNISH GRANITE: Consider a request for conditional use approval to establish an ornamental stone cutting facility. The subject property is a vacant 1.64 acre parcel located on the east side of North Congress Avenue, north of Don Francisco's Way, and is zoned MIC (Mixed Industrial and Commercial) District. The City Attorney stated this item will be conducted as a Quasi-Judicial Hearing. The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered all the Planning and Zoning documents that are contained in the file for this project into the record. Diane Dominguez stated the current proposal is for construction of a 25,000 square foot industrial building to accommodate a 12,500 square foot ornamental stone cutting facili- ty, with tenant space (permitted uses), in the remaining 12,500 square feet. Approximately 7,500 square feet of the stone cut- ting facility will be dedicated to storage. An additional out- side storage area is proposed at the northeast corner of the -8- 7/ 1/ 5 site. Ail work is to be conducted inside the building. The parcel is zoned MIC (Mixed Industrial and Commercial) District. At its meeting of June 19, 1995, the Planning and Zoning Board unanimously voted to recommend approval, subject to the following conditions: (1) approval by the Site Plan Review and Appearance Board of a site plan in general conformance to the submitted sketch plan and meeting all LDR standards, and (2) provision of adequate screening for, or deletion of, the proposed outside storage area. The Planning and Zoning Board recommends approval of the conditional use request for Finnish Granite, based on pos- itive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5 (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan. Jim Johnson, applicant, clarified that this facility is called a stone-cutting facility because it creates counter tops and tables working with Finnish granite materials. Primarily, this is an inside cutting operation with wet saws and recycled water. He stated the piece of machinery used for the actual stone-cutting is a very sophisticated computer operated piece of machinery. No one from the public came forward to speak in support or in opposition of the application. Discussion followed by the Commission. Mayor Lynch expressed concerns over the outside storage becoming a junk pile and asked Diane Dominguez how this can be corrected. In response, Ms. Dominguez stated approximately one year ago the City changed some of the regulations regarding outside storage. Per LDR Section 4.3.4(H) (6) (b), properties that front on Congress Avenue and have a depth of over 300' must provide a minimum 30'landscaped setback. Per LDR Section 4o6.6(C) (2), outside storage must be screened from view from all rights-of-way. SPRAB has to approve the screening and/or fence height and landscaping buffer. Mayor Lynch asked Ms. Dominguez if there will be any work conducted outside? In response, Ms. Dominguez stated all work will be conducted inside the facility. Mr. Randolph asked Mr. Johnson if some of the material handling equipment will be stored inside? In response, Mr. John- son stated a fork lift will be used for picking up materials and the fork lift will be stored inside the facility. Dr. Alperin asked Ms. Dominguez what she means by the outside storage being screened from view from all rights-of-way? In response, Ms. Dominguez stated this means from all rights-of- way and adjacent properties. Therefore, Ms. Dominguez stated the only open area will be towards the building. -9- 7/11/95 Mrs. Smith moved to approve the Conditional Use request for Finnish Granite based on positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(D) (5) (Condi- tional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to recommendation of the Planning and Zoning Board, seconded by Mr. Ellingsworth. 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. 9.E. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 95-2: Consider formal initiation of Comprehensive Plan Amendment 95-2, pursuant to the recommendation of the Planning and Zoning Board. John Walker, Project Coordinator, gave an overview of the Comprehensive Plan Amendment 95-2. The Planning and Zoning Board formally reviewed this item at its meeting of June 19, 1995. The Board recommended unanimously that the City Commission initiate Comprehensive Plan Amendment 95-2, with specific amendments as listed in the Plan- ning and Zoning Staff Report. Mr. Ellingsworth moved to approve the initiation of the Comprehensive Plan Amendment 95-2 pursuant to the recommendation of 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.F. INTERLOCAL AGREEMENT AND LEASE AGREEMENT WITH PALM BEACH COUNTY FOR SANDOWAY HOUSE PROPERTY: Consider approval of an Interlocal Agreement and Lease Agreement with Palm Beach County for the Sandoway House property and authorize staff to secure grant funding. The City Attorney gave an overview of the essential points of the Interlocal Agreement and Lease Agreement with Palm Beach County for the Sandoway House Property. The Agreement provides that the County will purchase the Sandoway Property utilizing $600,000.00 in park impact fees. The City will pay the purchase price in excess of the $600,000.00 and costs, not to exceed a total of $25,000.00. The County then shall lease the property to the City for a twenty-five (25) year period according to the Lease Agreement. As part of the Agreement, the City must provide at least thirty (30) parking spaces. Communication with the Director of the Florida Communi- ties Trust (Ann Perry) indicated that if the County is a joint applicant for the grant funds, the prior acquisition by the County would not be an impediment to receiving grant funds. Discussion followed by the Commission. -10- 7/11/95 The City Attorney stated this is scheduled for the County Agenda for July 25, 1995, instead of July 18, 1995. Mr. Randolph moved to approve the Interlocal Agreement and the Lease Agreement as amended with Palm Beach County for the Sandoway House Property and authorization to apply for grant funding from Florida Communities Trust, seconded by Dr. Alperin. 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.G. MARKETING AGREEMENT/LIDDUN INTERNATIONAL, INC.: Con- sider renewal of the Marketing Agreement between the City and Liddun International, Inc. for the Tennis Stadium. Dr. Alperin moved to approve the renewal of the Market- ing Agreement between the City and Liddun International, Inc., 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.H. RESOLUTION NO. 50-95: Consider a resolution supporting the Roots Cultural Festival, Inc. in their efforts to sponsor the 18th Annual "Roots Cultural Festival", and the Festival Commit- tee's related support request list. The City Manager presented Resolution No. 50-95: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC.; IN THEIR EFFORTS TO SPONSOR THE EIGHTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 50-95 is on file in the offi- cial Resolution Book) The Roots Cultural Festival is asking for a $3,000 cash donation to be used for operating expense. Mayor Lynch asked Tommy Stevens, Chairperson for Roots Cultural Festival, Inc., why he is requesting $3,000 instead of $2,000 and in response, Mr. Stevens stated that the increase is for the special events insur- ance that must be provided for the overall festival. Mayor Lynch asked Mr. Stevens if he feels that Roots Cultural Festival, Inc. will eventually become self-sufficient? In response, Mr. Stevens stated that by having a consultant, a financial advisor, and eventually a full-time employee, he is hopeful that this will eliminate many of the problems that Roots Cultural Festival, Inc. has had in the past. Discussion followed by the Commission. -11- 7/11/95 Mrs. Smith asked the City Manager where the additional $1,000 will come from since only $2,000 is budgeted in the City Commission Special Events Account? In response, the City Manager stated only $2,000 was budgeted so the $1,000 would have to be taken out of contingencies (surplus). Dr. Alperin feels the City should stop making commit- ments to these type of increases. Mayor Lynch inquired as to what the City gave Roots Cultural Festival, Inc. last year. The City Manager stated the City actually provided approximately $3,200 counting what the City forgave in Police overtime. Mayor Lynch is in favor of supporting; however, he emphasized that this will be the last year the City will support any request. Mr. Randolph moved to approve to support the 18th Annual Roots Cultural Festival, Inc. as submitted, with the qualification that this is the last year the City will under- write, seconded by Mr. Ellingsworth0 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 passed with a 5 to 0 vote. Prior to the vote, Mayor Lynch requested the actual costs be prepared after the Festival. Mrs. Smith moved to approve Resolution No. 50-95, seconded by Mr. Randolph. 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. 9.I. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON TEE AVENUE: Consider a request from the Downtown Joint Venture to approve the Summer Nights on the Avenue series, including temporary use permit, street closures, City staff assistance and waiver of overtime. Robert Barcinski, Assistant City Manager, stated that the Downtown Joint Venture has planned summer activities in the downtown area on selected Friday, Saturday, and Sundays, from July 14th through September 1st, with various activities at several locations. The Joint Venture is requesting use and closure of streets, staff assistance, and a waiver of staff overtime costs. Estimated overtime costs for all the Summer Nights' events is between $4,000 and $5,000. Marjorie Ferret, Downtown Coordinator for the Downtown Joint Venture, stated that the Downtown Joint Venture has close to $50,000 in sponsorship money supporting these events (print media, printing, and radio). Mayor Lynch asked Ms. Ferrer how -12- 7/11/95 much money is coming out of the Joint Venture budget? In re- sponse, Ms. Ferrer stated last year the Joint Venture spent close to $4,000. Ms. Ferrer stated that last year the Joint Venture did not pay for these things, the City helped out. She further stated that these were just hard costs that were put into print- ing, tickets, and bands. The City Manager feels the CRA needs to absorb more of these costs since this is a special service for the CRA area and is exactly the type of cost that over a long-term, should be covered by the CRA or the DDA. Mayor Lynch stated he is favor of this; however, he agrees with the City Manager and feels the CRA should be respon- sible for the costs. Mayor Lynch cautioned the Downtown Joint Venture about their reliance on the City and feels the City will need to work to reduce the amount of requests. Mrs. Smith moved to approve the Downtown Joint Venture request for all the assistance including the Hold Harmless Agree- ment, and not to exceed an expenditure of $5,000, 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.J. CO~fRACT ADDITION (C.O. ~10)/C~AZ EQUIPMENT COMPANY, INC.: Consider a contract addition (Change Order #10) with Chaz Equipment Company, Inc. for the emergency removal/replacement of a deteriorated sanitary manhole on Juniper Drive in The Pines of Delray, in the amount of $18,500 from 442-5178-536-61.84. Mr. Ellingsworth moved to approve the contract addition (C.O. #10) with Chaz Equipment Company, Inc., in the amount of $18,500, seconded by Dr. Alperin. 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. At this point, the time being 7:00 p.m., the Commission moved to the Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 29-95: An ordinance annexing a 4.17 acre parcel of land known as the Carusillo and Evans property, located on the west side of Military Trail, approximately 1,400 feet south of Atlantic Avenue; establishing initial zoning of POC (Planned Office Center) District, and providing for a Small Scale Future Land Use Map amendment to affix an official City land use designation of Transitional. 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. -13- 7/11/95 The City Manager presented Ordinance No. 29-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF ATLANTIC AVENUE, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPRE- HENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POC (PLANNED OFFICE CENTER) DISTRICT; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 29-95 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 City Attorney stated this item will be conducted a a Quasi-Judicial Hearing. The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Planning Director, entered all the Planning and Zoning documents that are contained in the file for this project into the record. The subject property is a 4.17 acre vacant parcel having a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the proper- ty into the City, change the Future Land Use Map designation to City Transitional, and apply an initial zoning designation of POC (Planned Office Center). The adjacent uses to this parcel and the adjacent zoning are primarily residential. Immediately to the north is a vacant parcel also in the County and is approxi- mately the same size as this parcel and its also zoned Agricul- tural Residential and to the north of that is the Baby Superstore Plaza. -14- 7/11/95 At its meeting of May 15, 1995, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. There was public testimony from the adjacent community (Country Club Acres) in opposition to the annexation, land use map amendment and zoning. While the Board did not have a partic- ular problem with the annexation, the Board felt that the office zoning was not appropriate at this location. The Board voted 6-0 (Schwartz absent) to recommend that the requests be denied. Burl Gentry, agent for the applicant, explained that the property owner gave his overview of the Carusillo and Evans property and the proposal for the applicant. He also stated this property would only be accessed by Military Trail. Mayor Lynch asked Mr. Gentry how is this contiguous to City property now? In response, Mr. Gentry stated it is adjacent to the roadway because of Military Trail. Diane Dominguez expressed concern over a billboard that is located on the property. Mr. Gentry stated that the owner is willing to remove this billboard if this property is annexed into the City. No one came forward to speak in favor of this annexa- tion. The following individuals spoke in opposition: Susan Waefler, 5086 Madison Road, is concerned that although this is POC designation and not PC, there is consider- able vacant storefronts in this area and it is already overdevel- oped and she believes this could be kept vacant and become single family designation. Russell Mauson, resident of Country Club Acres, stated for many years residents have been trying to keep this area as a low density residential section. He feels the land use designa- tion should remain as a low density residential status. Henry Sedlacek, 5067 Adams Road, stated he is opposed to this annexation because no one can tell him exactly what is going to be built on this parcel nor what kind of buffer he will have, etc. He stated that he is having a difficult time under- standing why the City would want to annex this parcel of land into the City, especially since the Planning and Zoning Board disapproved it. Craig Eaton, resident of Country Club Acres, expressed two major concerns regarding this property. The first major concern is that there are a number of children trying to cross Military Trail and he does not want to see more traffic in this area, nor does he want to see children avoid the crossing guard by being tempted to cut through the parking lot and cross Mili- tary Trail alone. His second major concern is that the property has a "For Sale" sign on it and he stated if the proposal is ap- -15- 7/11/95 proved, the next owner may come in and do something different with the property. Furthermore, Mr. Eaton is concerned about development of an office area in an area that is low density residential. Aleen Arno, resident of Country Club Acres, stated she chose to live in this neighborhood because of the family oriented environment. She stated this piece of land should be comparable to residential and feels since vacant land is important, then the use of the land should be looked at more closely. Furthermore, Ms. Arno feels this is no demand for office space and expressed concern over how residents of Country Club Acres were not con- sulted prior to this proposal. Carl Sanderson, resident of Country Club Acres, ex- pressed concern over the many vacancies that already exist in the area and suggested that there are other areas in the City where this office complex could be built. The Commission had no questions of the applicant or staff. Burl Gentry, agent for the applicant, addressed the following in his closing statement. He addressed the fact that he will be proceeding to get the rezoning of the northern section in the County, and the Planning Department is in agreement that the future land use element is consistent with what is being done in the City and will be developed concurrently. Another concern that was raised is what would happen to this property after it is annexed. He stated the LDR's are very comprehensive and the control would be maintained over the property. As mentioned at the Planning and Zoning Board meeting, Mr. Gentry is willing to meet with the property owners to make sure they understand what the developer's intentions are. Discussion followed by the Commission. Mrs. Smith asked Ms. Dominguez if one of the objections from Planning and Zoning was because they thought that the access to the office complex would be the same access as to Country Club Acres? In response, Ms. Dominguez stated some of the residents were concerned about this; however, the access from this will be taken from Military Trail. Mrs. Smith expressed concern regard- ing the impact this proposal will have on traffic. Ms. Dominguez stated the traffic from this development will not directly impact the neighborhood. Dr. Alperin stated he feels that the applicant has not demonstrated the need for a POC (Planned Office Center) in this area. He stated the only advantage he can see is that it will make more money for the developer and the property owners. He reiterated that no one has demonstrated how this will benefit the City. -16- 7/11/95 The public hearing was closed. Dr. Alperin moved to deny Ordinance No. 29-95 on Second and FINAL Reading, 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 to deny passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 35-95: An ordinance repealing Chapter 110, "Occupational Licenses Generally", of the City Code, and enacting a new Chapter 110 to provide for the adoption of recom- mendations put forth by the Occupational License Equity Study Commission. 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. 35-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 110, "OCCUPATIONAL LICENSES GENERAL- LY'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY ENACTING A NEW CHAPTER 110 TO PROVIDE FOR THE GENERAL RULES AND REGULATIONS GOVERNING OCCUPATIONAL LI- CENSES, AND PROVIDE FOR THE APPLICATION, ISSUANCE, CLASSIFICATIONS RELATING TO THERETO AND PROVIDING FOR THE ESTABLISHMENT OF FEES, AND PROVIDING FOR PENALTIES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 35-95 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mrs. Smith feels there are a few loop holes in Chapter 110 - Governing Occupational Licenses, of the City Code of Ordi- nances. Mrs. Smith expressed concern over the insurance section on page XI.22 of the ordinance. She inquired as to whether an insurance agency or insurance agent for each company represented is responsible to pay $125.00. In response to Mrs. Smith's inquiry, Mayor Lynch stated that each company pays this fee. Mrs. Smith stated there are businesses where the occupational license fee is included because otherwise the business could not be properly run. The City Manager stated that some classifications have been added and some obsolete ones have been taken out. Lula Butler, Director of Community Improvement, stated if you are operating more than one business out of a location, you have always paid separately for those two businesses. Mayor Lynch asked Ms. Butler asked what if the business are interrelat- ed? Ms. Butler stated that only one license is required; however, if a car dealership has an auto sales department and an auto repair department, then two licenses would have to be purchased since this would be considered two separate businesses. Mr. Ellingsworth pointed out that the Committee recom- mended a figure lower than what the Commission approved and that the addition will go to some type of economic development pro- gram. Mr. Ellingsworth asked how this will be addressed if the ordinance is passed? In response, the City Manager stated that the City has a recommendation from the Chamber of Commerce on how that can be used in a general sense and then more specific recom- mendations will be addressed at a later date. Mrs. Smith moved to adopt Ordinance No. 35-95 on Second and FINAL Reading, 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. In response to Lillian Feldman's prior inquiry regard- ing the deterioration of the roadway on the north side of Atlan- tic Avenue, east of Congress Avenue and west of 1-95, the City Manager stated the area has been inspected and no problem was found; however, there is a problem on Linton Boulevard between 1-95 and Congress Avenue. Florida Department of Transportation and the County have been notified regarding the surface level of asphalt which is coming off in some places. In response to Lillian Feldman's prior inquiry regarding the lighting on Homewood Boulevard, the City Manager stated that the lighting was upgraded from 9,500 lumens to 16,000 lumens and the work was completed on April 7th. In response to Jean Beer's inquiry regarding the parked trucks near the Dunkin Donut shop on South Federal Highway, the City Manager stated the trucks are parking on the North Federal Highway turn lanes. Florida Department of Transportation and the Police Department have been notified of the problem. Further- more, he stated that the patrol division is actively working on the problem making frequent checks beginning at 5:00 a.m. and continuing until approximately 9:00 a.m. In response to the prior inquiry regarding youngsters being bused from Pompey Park to the Aqua Crest Pool, the City -18- 7/11/95 Manager stated the busing began on June 27th and will run through August 18th. The pool session is from 2:00 p.m. until 3:30 p.m. In response to Mr. Kamarata's concerns regarding prob- lems in the Tropic Palms area, the City Manager stated that Mr. Kamarata has been sent copies of the City's policies regarding sidewalk construction and traffic lights. Also, regarding the request for a 4-way stop at Carl Bolter Drive and Avocet Road, the warrants for a stop sign are not met; however, the City is looking at other alternatives to control speeding problems in residential areas. He stated the City also looked at paving and drainage on Lindell Boulevard. The street has a category "C" rating (section between Federal and the railroad). There is very little east to west slope on the road which creates the potential for poor drainage. The site review also revealed that road side swales are nonexistent. In addition, the turning radius west bound from Federal Highway is insufficient causing large vehicles to run into the median creating a six or eight inch depression adjacent to the road as well as further deterioration of roadway. There is a drainage inland at the eastern nose of the landscape median which is part of the Federal Highway Drainage System with pipes running north and south. This inland could provide a means for positive drainage; however, the City has to get a permit from FDOT. The Engineering staff recommends to expand the radius from Federal Highway to Lindell Boulevard and apply for the drainage connection to FDOT and install additional inlands to resolve the immediate situation. Eventually roadside swales and extension of the drainage system should be implemented as well as reconstruc- tion or overlay of the roadway. The City Manager stated the estimated costs of initial improvements is between $15,000-$20,000 and further investigation will be required to determine if reconstruction is warranted for the remainder of the road. ll.B. From the Public. 11.B.1. Virginia Synder, President of the President's Council, stated she supports "Jazz on the Avenue" and various downtown events; however, she asked the Commission to consider toning down the noise behind the Backroom Blues Lounge. Ms. Synder pointed out that Ben Bryant, co-founder of MAD DADS, was arrested along with a 17-year-old cashier from Eckerd Drugs for theft of merchandise. She feels that MAD DADS is a good program, however, she feels the City should look into finding a local trusted leader who will serve as a better role model for kids in Delray. 11.B.2. Joe Kamarata, 764 Avocet Road, suggested that perhaps Police officers can issue tickets for people who speed along Carl Bolter Drive since reducing the speed limit to 25 miles per hour has not solved the problem. He complimented staff for doing a beautiful job correcting part of the drainage problem where Avocet Road connects with Eagle Drive; however, he asked if the -19- ?/1 /95 City can improve the appearance and cement around the pipe like at the other end of Avocet Road. Mr. Kamarata stated the Code Enforcement Division consists of a nice staff; however, he felt that Code Enforcement could do a better job of policing various neighborhoods without having to be called first by residents. Lastly, Mr. Kamarata stated the lawn maintenance divi- sion is doing a beautiful job in many areas of the City; however, he feels the City should invest in an edger to clean-up the median on Lindell Boulevard. ll.B.3. Chuck Ridley, 137 S.W. 12th Avenue, asked Commission to consider the entire track record of MAD DADS and to have confi- dence that the MAD DADS Board will make an appropriate and fair determination regarding the unfortunate incident which occurred. ll.B.4. Tommy Stevens, 507 S.W. 6th Avenue, stated the Roots Cultural Festival and the City of Delray Community Development division stands in full support of the MAD DADS organization. 11.B.5. Marie Horenburger addressed the Commission concerning the proposal to locate the Palm Beach County Convention Center on the South County property owned by James L. Knight. Since this property is located in Boca immediately south of Delray, Ms. Horenburger asked that the Commission consider a financial com- mitment to assist with the financing of the center on the Knight property. Discussion followed. It was the unanimous consensus of the Commission to support the Knight Convention Center with direction to staff to evaluate potential funding sources. At this point, the Commission proceeded to the First Readings portion of the Agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 36-95: An ordinance annexing a parcel of land located 70 feet east of Swinton Avenue and south of Tanger- ine Trail (if extended westward); establishing initial zoning of R-i-AA (Single Family Residential) District; and providing for a Small Scale Future Land Use Map amendment from County MR-5 (Medi- um Residential - 5 units per acre) to City Low Density Residen- tial. If passed, public hearing on August 1, 1995. The City Manager presented Ordinance No. 36-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF TANGERINE TRAIL BETWEEN SWINTON AVENUE AND SEACREST BOULE- -20- 7/11/95 VARD, WITHIN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-i-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated the effective date language in Section 10 of Ordinance No. 36-95 needs to be changed before it is advertised to read as follows: That this ordinance shall become effective as follows: As to the annexation, immediately upon passage on the second and final reading; as to the zoning, and small scale land use plan amendment, thirty-one (31) days after adoption unless there is a challenge. The City Attorney stated the rest of Section 10 is to remain as is. Mr. Ellingsworth moved to approve Ordinance No. 36-95 with amended date language to Section 10 on FIRST Reading, sec- onded 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. 12.B. ORDINANCE NO. 38-95: An ordinance rezoning a parcel of land located on the west side of S.W. 5th Avenue, immediately south of Straghn Funeral Home, from RM (Medium Density Residen- tial) District to GC (General Commercial) District. If passed, public hearing on August 1, 1995. The City Manager presented Ordinance No. 38-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W. 5TH AVENUE, BETWEEN S.W. 1ST STREET AND ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HERE- IN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER -21- 7/11/95 CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved to approve Ordinance No. 38-95 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 39-95: An ordinance amending Section 4.6.5 of the Land Development Regulations to reduce the maximum height of walls, fences and hedges in front yard setbacks. If passed, public hearing on August 1, 1995. The City Manager presented Ordinance No. 39-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5, "WALLS, FENCES, AND HEDGES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO REDUCE THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WITHIN FRONT YARD SETBACKS AND AT INTERSEC- TIONS TO ELIMINATE SIGHT OBSTRUCTIONS; PRO- VIDING AN AMORTIZATION CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Manager stated that staff is recommending adoption of this ordinance without the amortization clause (Sec- tion 4.6.5 (D)) . Dr. Alperin asked the City Manager if this means that the City would have to become immediately complied if this clause is struck from the ordinance. In response, the City Manager stated the City would be grandfathered in and never have to comply. Mr. Ellingsworth asked the City Manager if this is because of policing? In response, the City Manager stated this is because there are so many homes that have been developed with either large fences or hedges, really more so than fences in place. The City Manager further stated that there are a few hedges that are a traffic problem; however, the things that have been so unsightly have been primarily the six foot wood fences erected on the property line. Mayor Lynch stated the hedges are a traffic problem. The City Manager agreed with Mayor Lynch and stated this is a continual problem in certain locations throughout the City. Mayor Lynch opened the floor for public comment. -22- 7/11/95 Sandra Alm¥, Beach Property Owners Association, stated there are hundreds of homes especially in the older neighborhoods of the City, where there is a large number of very high hedges. She understands the reasoning when referring to a side obstruc- tion at an intersection; however, she feels this does not create a safety issue when referring to a side street or a lot that is not at an intersection. She urged the Commission to reconsider the issue and perhaps approach the entire issue from a safety standpoint. Joe K~marata, 764 Avocet Road, expressed concern over the required front setback and feels the maximum height of three feet (3') for the hedges is unreasonable. He feels by reducing the height of the hedges to three feet will give no privacy to homeowners. Conrad Sittler, 1011 Lewis Cove, is against reducing the maximum height restriction for hedges to three feet. Alice Finst, 707 Place Tavant, favors reducing the height of hedges in the historic district. Helen Coopersmith, disagrees with Ms. Finst and stressed that even though the historic district is beautiful, there is much more to the City than the historic part. Further- more, Ms. Coopersmith stated hedges are for privacy and should not be taken away from the rest of the residents in the City. Discussion ensued by Commission regarding the aesthet- ics and safety factors of reducing the height of hedges. Mr. Randolph moved to deny Ordinance No. 39-95 with direction for staff to review the items discussed and redraft the ordinance and bring it back for FIRST Reading, 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 to deny passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 40-95: An ordinance amending Article 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts", of the Land Development Regulations by modifying the review authority and appeal procedure, and providing clarification on various stan- dards. If passed, public hearing on August 1, 1995. The City Manager presented Ordinance No. 40-95: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 7.9, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", OF THE LAND DEVELOPMENT REGULATIONS TO CHANGE THE REVIEW AUTHORITY FROM THE CITY ENGINEER TO THE BUILDING DIVI- SION; AMENDING THE APPEAL PROVISION FROM THE -23- 7/11/95 CITY COMMISSION TO THE BOARD OF ADJUSTMENT; CLARIFYING THE NUMBER OF DOCKS ALLOWED ON A PROPERTY, REQUIRED SETBACKS, AND THE LOCATION OF ASSOCIATED DOLPHINS; INCREASING THE DIS- TANCE THAT A BOAT LIFT MAY EXTEND INTO THE WATERWAY; AMENDING TITLE XV, "BUILDING REGU- LATIONS'', OF THE CODE OF ORDINANCES BY RE- PEALING CHAPTER 150, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", IN ITS ENTIRETY; 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. 40-95 on FIRST Reading, 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager The City Manager stated the Commission had requested that a meeting be set up between the City and Dr. Cynthia Smith, the Center's newly appointed Director. The City Manager stated even though contact has been made with Dr. Smith's office, a date has not been confirmed. In response to Mr. Randolph's prior inquiry regarding whether or not FDOT is still using the site on Congress Avenue for the 1-95 Construction Project, the City Manager stated the City has been unsuccessful over the past two weeks in the at- tempts to contact either the property owner or FDOT regarding their use of this property. The City Manager stated there ap- pears to be no current use except storage of equipment and the City will continue to work to make the necessary contacts to get the equipment removed from the property. Thirdly, the City Manager stated the City hopes to have the proposed budget for 1995-96 ready to present to the Commis- sion by the next Regular Commission Meeting. Subsequently, a special meeting may need to be scheduled between now and August 1, 1995, to accept the proposed millage. 13.B. City Attorney The City Attorney stated that regarding the Catherine Strong Center issues, the Head Start Program is looking for another home other than the Carver Full Service Center. It was suggested that perhaps the Head Start people could also attend the meeting to be arranged with Dr. Smith of the Full Service -24- 7/11/95 Center since the feeling is it would be best for the Head Start Program to remain at the Full Service Center. 13.C. City Commission 13.C.1. Dr. Alperin Dr. Alperin stated that he hopes the City will support a national search for the new Palm Beach County School Superin- tendent. It was the unanimous consensus of the Commission to support a national search for a new Palm Beach County School Superintendent. 13.C.2. Mrs. Smith Mrs. Smith announced that the Community Child Care Center received national accreditation from the National Academy of Early Childhood Programs. She is extremely proud of the Community Child Care Center for this achievement. Secondly, Mrs. Smith commented on the need for cleaning out Lake Ida. The lake is reportedly in a state of entrophication. Lastly, Mrs. Smith stated that after the 4th of July parade on Saturday July 1st some parents brought their children to Veteran's Park and discovered the rest rooms were all locked. The City Manager commented staff needs to be aware of when spe- cial events are being held so that rest rooms can be opened. Bert Fashaw, Park Ranger, stated if there are no activ- ities in the park at night then the bathrooms are locked at 6:00 p.m. The reason the bathrooms are locked at this time is to prevent vandalism. 13.C.3. Mr. Ellinqsworth Mr. Ellingsworth stated the FDOT is doing some swale work on South A-1-A and a resident indicated that his sprinkler system was torn up and his mailbox moved. Mr. Ellingsworth asked the City Manager if the individual is responsible for paying the cost to re-install the sprinkler system. The City Manager re- sponded that if the sprinkler system was installed in the right- of-way, it was at the property owner's risk and is the responsi- bility of the property owner. 13.C.4. Mr. Randolph Mr. Randolph inquired as to when the new clubhouse facility will be opened at the municipal golf course. -25- 7/11/95 Robert Barcinski, Assistant City Manager, stated that the bar and locker rooms will be opened Monday, July 17, 1995, and the following Monday the rest of the dining rooms will be open. Mr. Randolph inquired to the status of the Lakeview Golf Course inspections. The City Attorney advised that the inspections are under way. 13.C.5. Mayor Lynch Mayor Lynch commented that "HOOP IT UP" is looking for twelve charitable organizations to receive money, preferably organizations which are willing to work at the event. Mayor Lynch stated he would like to see this item brought before Com- mission at the Regular Commission Meeting of July 18, 1995. There being no further business, Mayor Lynch declared the meeting adjourned at 8:55 P.M. ~it~Clerk ' ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and that the information provided herein is the minutes of the meeting of said City Commission of July 11, 1995, which minutes were formally approved and adopted by the City Commission on ~zgZ~~, 799,.~ ~Ci~y C 1 e~"k 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 review and approval which may involve some amendments, additions or deletions to the minutes as set forth above. -26- 7/11/95