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05-17-94 tOY 17. 1994 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, May 17, 1994. 1. Roll call showed: Present - Commissioner Jay Alperin Commissioner David Randolph Commissioner Barbara Smith Mayor Thomas E. Lynch Absent - Commissioner Ellingsworth Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Timothy Harden, Barwick Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. The City Attorney stated that there were two minor changes to Item 8.G., Consent Agenda (License/Hold Harmless Agreement - Florida Drive-In Theatres. Inc.). The changes as outlined in the agreement are: 1) that the Drive-In Theatre would have 45 days instead of 30 days to correct any deficiencies; and, 2) a change in the language to reflect that any assignments of the agreement, although they would require consent, would not be unreasonably withheld. It was the consensus of the Commission that the changes outlined by the City Attorney were not significant enough to warrant moving the item from the consent agenda, but would be incorporated into the motion to approve the consent agenda as an amendment. Dr. Alperin moved for approval of the agenda as presented, subject to the two changes made by the City Attorney to Item 8.G., seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Mr. Randolph moved approval of the Minutes of the Regular Meeting of April 19, 1994, and the Minutes of the Regular Meeting of May 3, 1994, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 6, Proclamations: 6,A, R~cQgnizing Fredda Weinberq. Mayor Lynch read and presented a proclamation commending Fredda Weinberg for her efforts to bring the benefits of computer technology to the children of Atlantic Gardens and her devotion and time spent on the "Delray On-Line" project. Ms. Weinberg came forward to accept the proclamation. 6.B. Recognizing Sharon Koskoff - Community Mural Project. Mayor Lynch read and presented a proclamation commending Sharon Koskoff in her endeavor to obtain a $3,000 grant from the Palm Beach County Cultural Counsel and her work, along with community volunteers, on the Community Mural Project on the wall of the Love's Drug building in the Pineapple Grove Historic Arts District. Ms. Koskoff came forward to accept the proclamation. 6.C. Code Enforcement Officers Appreciation Week - June 6 throuqh 12. 1994. Mayor Lynch read and presented a proclamation proclaiming the week of June 6 through 12, 1994, as Code Enforcement Officers Appreciation Week. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6.D. PostPolio Syndrome Awareness Week - June 1 throuqh 7. 1994. Mayor Lynch presented a proclamation proclaiming the week of June through 7, 1994, as PostPolio Syndrome Awareness Week. 7, Presentations: 7.A. RESOLUTION NO. 37-94: A resolution recognizing and commending Fire Chief Kerry Koen. The caption of Resolution No. 37-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING FIRE CHIEF KERRY B. KOEN FOR HIS MANY ACCOMPLISHMENTS AND SERVICE TO THE FIRE DEPARTMENT OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 37-94 is on file in the official Resolution Book) Susan A. Ruby, City Attorney, read Resolution No. 37-94 in its entirety. Dr. Alperin moved for approval of Resolution No. 37-94, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed by unanimous vote. Mayor Lynch presented a plaque to Fire Chief Koen which reads: "Presented to Fire Chief Kerry B. Koen by the Mayor and the City Commission in grateful recognition of outstanding leadership and for maintaining the highest standards of professionalism in the service performed on behalf of the City of Delray Beach, May 3, 1994" 7.B, PEACE organization on their "HOTSPQT" program. Minister Aleem Fakir, Executive Director for the People Engaged in Active Community Efforts (PEACE), stated that the organization consists of twenty-one churches and civic groups and addresses issues which are of concern to low to moderate income people in the Palm Beach County area. At the present time membership in the - 2 - 5/17/94 organization consists of approximately 12,000 to 15,000 individuals. He further stated that the organization has held numerous meetings during the past several years in order to discover problems which they would like to have addressed. The two main concerns are the upgrading of Pompey Park and crime in neighborhoods. Since the City has improved Pompey Park, PEACE concentrated on surveying crime activities in neighborhoods, thereby enabling citizens the ability to report crime without identifying themselves so that the Police could make arrests. Minister Fakir stated that the program is being successfully implemented by the cities of West Palm Beach, Riveria Beach and Boynton Beach, along with other cities throughout Florida and in other states. The overall objectives of the "HOTSPOT" program are: 1) to give residents the opportunity to report suspicious and illegal crime activities; 2) to meet with the Chiefs of Police in regard to "HOTSPOT" locations, thus alerting them that the community is aware and wants to rid their neighborhoods of these problems; and 3) to give citizens the opportunity to monitor specific Police actions and responses. Minister Fakir went on to state that the PEACE Organization sent a letter dated November 16, 1993, to the Delray Beach Chief of Police asking to meet with him to discuss crime. The Chief declined the invitation for such a meeting, suggesting instead that PEACE meet with other groups within the community. PEACE sent several letters to the Chief of Police during November 1993 to January 1994 but was unsuccessful in their efforts for a meeting. A letter was then sent to the City Manager and representatives of PEACE met with Mr. Harden on February 28th, but the City Manager refused to order the Police Chief to meet with PEACE. Minister Fakir pointed out that had the meeting with the Police Chief taken place last year as requested, then PEACE probably would have had a good relationship with the Police Department. Dr. Se~ie Taylor. House of God Church, alleged that he had personal knowledge of instances where Police officers had taken money from dealers at drug sites instead of making arrests. The City Manager interjected, stating that Dr. Taylor was making a very serious accusation and if he personally had evidence of such a crime being committed then he needed to bring it to the attention of the proper authorities and not stand before the Commission at a meeting and defame the City's Police officers. He emphasized that Dr. Taylor was making a very serious criminal charge and this was not the proper place or the time to voice such an accusation. Minister Fakir stated that PEACE feels they have tried to follow proper procedure with respect to their concerns about the Police Department, but has received no response. They have asked the City Manager to take responsibility, but he has denied their request to order a meeting with Chief Overman. He stated that PEACE thought they were following the proper procedure by addressing the Commission tonight. Minister Fakir then asked that the City Commission order the City Manager to order the Police Chief to meet with representatives of PEACE. - 3 - 5/17/94 The City Manager stated that at his recent meeting with PEACE, he had asked if Minister Fakir wished to discuss the "HOTSPOT" program. Minister Fakir had refused due to the fact that the City Manager had denied his request to take responsibility for the Chief of Police. The City Manager emphasized that he would have been happy to have' taken on the responsibility of the "HOTSPOT" issue, to have worked with PEACE in that capacity, and would have forwarded the information to the Chief of Police. In conclusion, Minister Fakir stated PEACE would like to meet with the Chief of Police to discuss the "HOTSPOT" program and to try to develop a long term plan to control the sale of illegal drugs. He stated that regardless of whether or not City leaders agree to assist PEACE in this matter, the organization will continue to work toward resolving the crime and drug problems using whatever peaceful (with emphasis) tactics are available, because PEACE does not promote violence in any form. Mayor Lynch explained that in his position as Mayor of the City of Delray Beach, he does not tell the City Manager how to manage his employees; however, he would encourage the City Manager to work with PEACE to resolve the "HOTSPOT" issue. Mr. Randolph stated for the record that he and his wife are members of PEACE, and he feels that not only is it essential for City officials to meet with representatives of the organization, it is incumbent upon them as public officials to do so. Mr. Randolph further stated that he would call for a workshop on this issue in the very near future. CONSENT AGENDA: City Manager recommends approval. 8.A, RESOLUTION NO, ~-94: Adopt a resolution assessing costs for action required to correct an unsafe condition (unsecured swimming pool) at 3887 Angler Drive. The caption of Resolution No. 38-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 38-94 is on file in the official Resolution Book) - 4 - 5/17/94 8.B. RESOLUTION NO. 39-94: Adopt a resolution assessing costs for action required to correct an unsafe condition (unsecured swimming pool) at 522 Fern Lane. The caption of Resolution No. 39-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS', OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 39-94 is on file in the official Resolution Book) 8.C. PRIVATE INDUSTRY COUNCIL/"POSITIVE CONNECTIONS" SUMMER PROGRAM: Approve an agreement with the Palm Beach County Private Industry Council for Summer Youth Employment and Training Program, subject to review and acceptance by the City Attorney. 8.D. APPROVAL OF TRANSPORTATION ENGINEERING QQNSULTANT ~MS: Approve selection of David Plummer and Associates and McMahon and Associates as Transportation Engineering Consultant firms for on-going "as needed" services. 8.E. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION/I.B.F.O CONTRACT AGREEMENT: Ratify the contract agreement between the SCRWTD Board and I.B.F.O. Local 1225. 8.F. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION/CHANGE ORDER TO J.J. KIRLIN. INC. QONTRACT: Ratify SCRWTD Board action of April 21, 1994, approving Change Order 91 in the add amount of 817,993.00 and extension of completion date by 30 days to J.J. Kirlin, Inc. contract for wastewater system improvements. 8,G, LICENSE/HOLD HARMLESS AGREEMENT - FLORIDA DRIVE-IN THEATRES, INC.~ Approve a License and Hold Harmless Agreement between the City and Florida Drive-In Theatres, Inc. for the right to use the right-of-way along Dixie Highway for parking, from N.E. 14th Street to the north City limit. (As amended to incorporate the two minor changes previously outlined by the City Attorney.) 8.H. FINAL PAYMENT/McCOY IRRIGATION: Approve final payment in the amount of $410.00 to McCoy Irrigation for work at the Tennis Center Phase II project; with funding from General Construction Fund - Tennis Center Phase II (Account No. 334-4145-572-63.42). - 5 - 5/17/94 8,I, REQUEST FOR REIMBURSEMENT FROM COMMUNITY REDEVELOPMENT AGENCY/ BANKER'S ROW PROJECT: Approve reimbursement in the amount of $34,753.00 to the Community Redevelopment Agency for cost of water main upgrade on Banker's Row project; with budget transfer from Renewal and Replacement Project Reserve (Account No. 442-5178-536-99.01) to Water Distribution Improvements (Account No. 441-5178-536-61.78). 8.J. APPLICATION FOR ISTEA GRANT/SEABOARD AIR LINE RAILWAY STATION SITE: Authorize staff to make application to the Metropolitan Planning Organization for Federal Intermodal Surface Transportation Efficiency Act (ISTEA) Grant for development of an Intermodal Center at the Seaboard Air Line Railway Station Site. 8.K. ~]~AGREEMENT/PALM BEACH COUNTY: Approve Interlocal Agreement with Palm Beach County for funding of utility adjustments to be performed in conjunction with the construction of improvements to West Atlantic Avenue between Jog Road and Military Trail. 8.L. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve Interlocal Agreement with Palm Beach County for funding of City-designed median and other improvements for Lake Ida Road between Congress Avenue and Swinton Avenue. 8.M. AGREEMENT WITH DLW PRODUCTIONS. INC./"UNDER FIRE": Approve an agreement with DLW Productions, Inc. to videotape activities of the City's Fire Department to be used as part of the program "Under Fire" which is scheduled for June 3, 1994. DLW Productions, Inc. comes with approval from the Palm Beach County Film Liaison Office. 8.N. APPROVAL/AUTHORIZATION FOR EXPENDITURE OF COMMUNITY ~QEVELOPM~NT AGENCY TAX INCREMENT RESERVES/HISTORIQ HOMES: Pursuant to Section 163.370(2)(a), Florida Statutes, approve and authorize the expenditure of CRA increment reserves for the Block 60 Redevelopment Plan contained on pages 4.28, 4.29 and 4.30 of the City of Delray Beach Community Redevelopment Plan amended by City of Delray Beach Ordinance No. 5-94, February 22, 1994, for the relocation of historic homes to be used for administrative offices for public bodies or for other purposes. 8.0. APPLICATION FOR URBAN EMPOWERMENT ZONE/ENTERPRISE ZONE DESIGNATIONS: Authorize joint application with Palm Beach County to Department of Housing and Urban Development (HUD) for one of the Urban Empowerment/Enterprise Zone Designations. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - Ready Mix Concrete - to Tarmac of Florida, Inc. at an estimated annual cost of $10,087.50, with funding from Street Maintenance - Other Road Materials (Account No. 001-3113-541-53.90). 2. Bid Award - Photographic Supplies - to Photoline Supplies, Inc. at an estimated annual cost of $17,513.90, with funding from department operating expense photo/microfilm service accounts (34.70). - 6 - 5/17/94 3. Contract Award - Homewood Boulevard Sewer Extension - Sullivan Brothers, Inc., in the amount of $154,923.50, with funding by budget transfer from Capital Outlay Other Improvements (Account No. 441-5161-536-63.90) to Capital Outlay - Sewer Mains (Account No. 441-5161-536-63.51). Dr. Alperin moved for approval of the Consent Agenda, subject to incorporating the two changes outlined by the City Attorney with respect to Item 8.G., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Dr. Randolph - Yes; Said motion passed with a 4 to 0 vote. 9, REGULAR AGENDA: 9,A, REVIEW QF APPEA~ABLE LAND DEVELOPMENT ACTIONS OF VARIOUS BOARDS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period May 2 to May 13, 1994. Dr. Alperin moved to receive and file the report, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.B. SERVICE AUTHORIZATION NO. 2/DIGBY BRIDGES. MARSH & ASSOCIATES: Consider Service Authorization No. 2 in the amount of 829,500.00 to the contract with Digby Bridges, Marsh & Associates for additional services reflecting design changes to comply with the established budget for the Golf Course Clubhouse project; with funding from Golf Course Clubhouse - Engineering & Architectural (Account No. 445-4763-572-31.30). The City Manager stated that consideration of the Service Authorization is based upon discussions at the last meeting regarding the design changes and also taking into account the provisions in the contract as pointed out previously by the City Attorney. He reported that negotiations have been successful in reducing the fee from $34,000 to $29,500 which staff feels is appropriate for the work required. Mrs. Smith moved for approval of Service Authorization No. 2 for Digby Bridges, Marsh & Associates in the amount of $29,500.00, seconded by Mr. Randolph. Prior to roll call, Dr. Alperin stated that his prior understanding was that the redesign was necessary in order to include a pro shop, locker rooms and related facilities. His present understanding is that these items were supposed to have been included in the original contract. He expressed concern about the costs associated with this project getting out of line. Digby Bridges, Architect, stated that the locker rooms are unchanged from the original design, but the pro shop has been included in the redesign. He explained that the pro shop kept expanding; thus, - 7 - 5/17/94 it had to be redesigned when the overall square footage was reduced. He pointed out that it is impossible to seat 300 persons and arrive at a structure consisting of 12,000 square feet. He added that other facilities were also reduced in size, such as cutting down the total enclosed portion of the building. The major saving comes from the reduction of 1,600 square feet from the dining room which now provides seating for 250. The locker rooms and the kitchen remain unchanged and there is no charge for that. Mr. Bridges explained that the fee which is being charged is for the redesign necessary to reduce the square footage in order to accommodate the amount which was budgeted. Mayor Lynch stated that he has had and continues to have major concerns over the project as a whole and he could not support the Service Authorization. It was brought to the Commission's attention by Mr. Bridges that considerably more site work than what was previously anticipated and budgeted will be necessary. At the present time a building consisting of more than 13,202 square feet is not affordable, but seating for 250 would be available with the possibility of expansion of the dining facilities and pro shop at a later date. Dr. Alperin suggested that the item be postponed until a full Commission is present to vote on the issue. He voiced his concern that construction has not yet begun and the design is far from what was originally intended. Mayor Lynch agreed with the comments expressed by Dr. Alperin. He emphasized that the Commission had anticipated a maximum cost of the project at two million dollars, and expressed disappointment with the time frame for construction. He recommended that the entire project be looked at again in depth by the Commission. At this point, Mr. Randolph withdrew his second. Mayor Lynch asked for a second to the standing motion. There being none, the motion died for lack of a second. Mrs. Smith moved to table consideration of Service Authorization No. 2 with Digby Bridges, Marsh & Associates until such time that the full Commission is present, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - No; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 3 to ! vote. 9,C, RESOLUTION NO. 40-94: Consider Resolution No. 40-94 in support of efforts to secure State grant money to save the Old 1916 Palm Beach County Courthouse. The caption of Resolution No. 40-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING THE HISTORIC VALUE OF THE 1916 OLD PALM BEACH COUNTY COURTHOUSE AND THE COMMITMENT AS CUSTODIANS OF OUR HISTORIC STRUCTURES FOR FUTURE GENERATIONS. - 8 - 5/17/94 (Copy of Resolution No. 40-94 is on file in the official Resolution Book) Dr Alperin moved for the adoption of Resolution No. 40-94, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.D. SERVICE AUTHORIZATION NO, ll/GEE & JENSON: Consider approval of items A, B and C of Service Authorization No. 11 in an amount not to exceed $7,550.00 to the contract with Gee & Jenson to provide further recommendations on hurricane protection for City Hall; with funding from General Construction Fund - Buildings (Account No. 334-6111-519- 62.10). Mr. Randolph moved approval of Service Authorization No. 11 with Gee & Jenson in the amount not to exceed $7,550.00, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9,E, REOUEST FOR CONTRIBUTION/SOUTH FLORIDA DYNAMICS. INC.: Consider a request from South Florida Dynamics, Inc. for a contribution in the amount of $1,000.00 to support their participation in America's Youth on Parade, an international level competition to be held at the University of Notre Dame in July, 1994; with funding through budget transfer from Contingency (Account No. 001-6111-519-99.02) to Other Grants & Aid (Account No. 001-6311-572-83.01). Mr. Randolph moved approval of the request from South Florida Dynamics, Inc. for a contribution in the amount of $1,000.00, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. 9.F. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 94-2: Formally initiate Amendment 94-2 to the City's Comprehensive Plan. John Walker, Project Coordinator, reported that at its meeting of May 16, 1994, the Planning and Zoning Board unanimously recommended that the Commission initiate Plan Amendment 94-2 as outlined in the Staff Report. Mrs. Smith moved for the initiation of Comprehensive Plan Amendment 94-2, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. 9.G. WAIVER OF LAND DEVELOPMENT REGULATIONS/BOAT LIFT AT 929 FERN DRIVE; Consider a request for waiver of LDR Section 7.9.11(A) governing the boat lift at 929 Fern Drive, based upon findings in accordance with LDR Section 2.4.7(B)(5). - 9 - 5/17/94 Dr. Alperin moved approval of the waiver of LDR Section 7.9.11(A) .for the boat lift at 929 Fern Drive, based upon positive findings, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.H. DIRECTION FOR BID SPECIFICATIONS/HURRICANE SHUTTERS FOR CITY HALL NORTH WING: Provide direction on specifications for bid for hurricane shutters for the north wing of City Hall. The City Manager stated that this item was discussed previously by the Commission and that staff recommends the accordion type hurricane shutters primarily because they would be more cost effective, including the amount of man hours necessary to prepare in the event of a hurricane. Mrs. Smith moved to direct staff to proceed with bid specifications for the accordion type hurricane shutters for the north wing of City Hall, seconded by Dr. Alperin. Prior to roll call, Mayor Lynch stated that he preferred that the stronger panel-type shutters be installed for the lower cost amount, at least on the first floor of City Hall, even though they might not look the same. He pointed out that from an insurance point of view, the accordion-type shutters did not hold up very well in the Miami area from the last hurricane. Mr. Randolph stated that he is not prepared to sacrifice dollars for appearance at this particular time. Mayor Lynch stated that he had a copy of Palm Beach County's Hurricane Shutter Ordinance which is ready to be passed with an effective date of January 1, 1995, and suggested that it be reviewed by staff. He pointed that the new ordinance will be required on all new construction after that date. At this point Dr. Alperin withdrew his second to the motion and suggested that the item be tabled. Upon further discussion, Mrs. Smith withdrew the motion. Dr. Alperin moved to postpone the item until such time that staff can review the County's new Hurricane Shutter Ordinance, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9,I. RATIFICATION OF APPOINTMENTS TO KIDS AND COPS COMMITTEE: Consider ratification of five (5) appointments to the Kids and Cops Committee to terms ending April 22, 1996. Dr. Alperin moved for approval of the ratification of the five (5) appointments to the Kids and Cops Committee to terms ending April 22, 1986, seconded by Mrs. Smith. Prior to the vote, Mayor Lynch expressed concern regarding the poor attendance record of certain committee members and suggested~ - 10 - 5/17/94 that the ruling for three missed meetings be strictly enforced. He further~stated that he could only support the'ratification if it were conditioned on the attendance requirement being vigorously enforced. Dr. Alperin pointed out that the list of appointments for ratification did not include a representative from MAD. DADS, although he is aware that Mr. Charles Ridley has been attending on behalf of that organization. Dr. Alperin amended his motion to ratify the five (5) appointments to the Kids and Cops Committee by including the ratification of Mr. Charles Ridley as the representative from MAD DADS and with the caveat that attendance requirements be enforced. Mrs. Smith amended her second to the motion. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. At this point the Commission moved to the First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 29-94: An ordinance repealing Ordinance No. 162-88 wherein the Koch House at 777 North Ocean Boulevard was designated as an historic building, and enacting the subject ordinance to provide a corrected legal description showing the historic designation as Lot 21 only. If passed, public hearing will be held June 7, 1994. The City Manager presented Ordinance No. 29-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE 162-88 WHICH DESIGNATED THE KOCH HOUSE LOCATED AT 777 NORTH OCEAN BOULEVARD, LOT 21 AND LOT 22 OF BLOCK D, PALM BEACH SHORE ACRES, AS RECORDED IN PLAT BOOK 7, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS A HISTORIC BUILDING; AND ENACTING THIS ORDINANCE TO PROVIDE A CORRECTED LEGAL DESCRIPTION SHOWING THE DESIGNATION AS LOT 21 ONLY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the Ordinance. Mr. Randolph moved for approval of Ordinance No. 29-94 on FIRST READING, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 P.M., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10. ~UBLIC HEARINGS. - 11 - 5/17/94 10,A, ORDINANCE NO. 19-94: An ordinance providing for annexation to the City, small scale land use plan amendment to affix an official designation of General Commercial, and establishment of initial zoning as GC (General Commercial) for Drive-In Theaters of Florida, Inc. (Delray Swap Shop property). Planning and Zoning Board recommends approval. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 19-94: 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 AT 2001 NORTH FEDERAL HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION TO THE FUTURE LAND USE MAP AS CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN FOR SAID LAND; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 19-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mayor Lynch stated for the record that he would abstain from voting on this item. Dr. Alperin moved for adoption of Ordinance 19-94 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Randolph - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 3 to 0 vote. 10,B, TRANSMITTAL HEARING/COMPREHENSIVE PLAN AMENDMENT 94-1; Authorize transmittal of Comprehensive Plan Amendment 94-1 to the Department of Community Affairs for State review. 10.B.1. Future Land Use Map Amendment from County MR-5 ~Q ~he following City designations: Open Space, Low Density Residential, Medium Density Residential and Commercial Core, for Blood's Hammock Groves located east of Military Trail on the south side of Linton Boulevard. Diane Dominguez, Planning Director, presented a lengthy overview of the proposed amendment. She explained that the current - 12 - 5/17/94 property owners (Blood) wish to continue their ownership of ten acres in,order to maintain'the commercial operation and to add 25,000 square feet to the existing retail use. The ten acres will be located on the edge of the development instead of the interior of the site which raises concerns of an increase of intensity. Ms. Dominguez brought attention to another concern of the operation being located adjacent to Linton Boulevard. She pointed out that an extension of Germantown Road is planned which will run parallel to Linton Boulevard and connect with the collector road into the Levitt development. If this extension is not constructed there will be two intersections which will be approximately 550 feet apart. According to the County's Traffic Engineering Standards both of these intersections could not be signalized, which means that the intersection with the most traffic would be the one which would be signalized. Once the collector road is open to Military Trail it would probably need to be signalized, and Germantown Road could use its signal. Thus the extension to the signalized intersection is necessary. The Planning Director noted that a letter has been received from Palm Beach County Engineering Division which stated that as long as the development was phased and the improvements are put in a timely manner, the project would comply with the County's Traffic Standards Ordinance. She reported at the Planning and Zoning Board meeting of April 18th, public testimony was received by several adjacent homeowners associations voicing concerns of traffic congestion and increased density. The Board recommended that the Commercial Core component remain at its current location (interior of the site); that the land use designation be changed to Transitional rather than Commercial Core; that a restriction be placed on the discontinued commercial area until such time that the Blood's Hammock Grove operation is discontinued; and, that the amount of land allocated for the medium density residential be reduced from 40 to 16 acres. At the May 3rd City Commission meeting the applicants requested a continuance, stating that a new concept plan would be prepared and resubmitted and that they would meet with staff regarding the potential reduction in density. Unfortunately, a plan had not been prepared, and the requested density remained the same. Charles Siemono Siemon, Larsen & Marsh, pointed out that although a revised site plan has not yet been prepared, the proposed amendment could be transmitted to the State and that any outstanding or proposed issues could be resolved as the annexation and zoning process continues during the summer months. Lee Einsweiler, authorized agent representing the property owners, stated that his clients intend to apply advisory designations to the residential development of the site and to shift the Commercial Core to the northern portion of the site. The applicant has agreed with staff to forego the Commercial Core designation and is willing to adopt the Transitional designation instead. He emphasized that other modifications will be considered during the site planning process during the next few months. Mr. Einseweiler then proceeded to describe the transmittal process to DCA and also presented a review of the concept plan. - 13 - 5/17/94 ~O~ Pollock, traffic engineer with the firm of Kimley Horn, pointed out that a traffic, study was prepared for the maximum intensity that is allowable even though that intensity is greater than that which the applicant intends to build. He noted that Palm Beach County has reviewed the traffic study and has concluded that with improvements on Military Trail, the project meets the Traffic Standards and also complies with the County's concurrency requirements. He pointed out the following improvements in the area such as: the realignment of Germantown Road intersection at Linton Boulevard in relationship to the proposed school; improvements at the intersection of Military Trail and Linton Boulevard; and, that a traffic light has been approved and will be installed at Military Trail at the entrance to Wal-Mart. He emphasized that with these improvements taking place within a period of two years, the traffic situation in the area will be acceptable. Paul Slatteryo Slattery and Root, presented a conceptual plan for the commercial component for the project. At this point, Mayor Lynch declared the Public Hearing open. Speaking from the audience were the following: (1) Mr. Arthur Jackel. Chairman of the United Property Owners, who stated his opposition to the type of residential designation being proposed (medium density) as well as his feeling that there is no need for additional commercial uses. He urged the Commission to be sensitive to the feelings of the residents of neighboring communities. (2) Mr. Bernard Richman, Del-Aire, who expressed concern about the proposed density being too high and felt that the project would adversely affect the quality of life for the residents in the area. He pointed out that any increase in population in the area would adversely affect response time for emergency services in the vicinity. (3) Mr, Isador Seiqel, Del-Aire Subdivision, stated that the developer of the residential portion had met with the Del-Aire residents and informed them that the density would not be at the maximum allowed. Mr. Siegel pointed out that this site, as proposed by the developer, calls for 675 residential units which he feels is too intense. He emphasized the fact that the Planning and Zoning Board had recommended a reduction in density. (4) Mr. Sol Shanisho Del-Aire, who stated that the character of this area has changed considerably during the eight years since the master plan was first presented. There is no need for any more commercial development and the density for the residential portion should be reduced. (5) Mr, Dan Burnheim. Jr.. President of Del-Aire Country Club, stated that the owners of Blood's Hammock Groves, along with the potential developer of the residential portion of the project, presented their proposed plans at a meeting which was held at the clubhouse on March llth. There are concerns about the caliber of the units, density and traffic. These concerns have been expressed all - 14 - 5/17/94 along, but he has seen no consideration for those people already residing in the area. (6) M~, Helen Coopersmith, who reminded the Commission that Linton Boulevard was supposed to be a gateway into the City and now has turned into an overly-developed commercial area. She expressed concern about the traffic impact, particularly that of congestion on Military Trail. She urged the Commission to consider the Planning and Zoning Board's recommendation that the density should be reduced. (7) Mr. Nat Salinger, Del-Aire, who expressed concern about the traffic impact and of potential multi-family development along Military Trail. (8) M~. Gretchen Bacon, representing the Oakmont Homeowners Association, expressed concern about traffic impacts, especially at the intersection of Germantown Road/Linton Boulevard and the safety of children once the school is constructed. (9) Mr. Saul Weinberqer, Del-Aire, who expressed the opinion that the proposed development is not in the best interests of the City, nor does he feel it is good planning. (10) M~, Michael Weinero Attorney representing the Del-Aire Property Owners Association, pointed out an inconsistency in the future residential development tables in the Comprehensive Plan, which show that this area is to develop at 4 units per acre. He stated that this discrepancy reflects that the City's population could grow by approximately 3,600 persons between the years 1994 through 1999. Mr. Weiner emphasized that this project alone would add an additional 1,700 residents to the City which he pointed out is over the projected population estimates. (11) Mr. Gerry Holland, owner of property which is adjacent to Blood's Hammock Groves, supported the proposed amendment. He emphasized the rights of property owners to be able to develop their own property. Mr. Holland felt that the road system could accommodate new development in this area. At this point, Mayor Lynch asked if there were any public comments on any of the other aspects of Comprehensive Plan Amendment 94-1. There being none, the public hearing was closed. Mr. Einsweiler returned to address the Commission and stated that all concerns expressed this evening will be taken into consideration during the site planning process. It was announced by Mayor Lynch that the Commission would address the Blood's Hammock Groves proposal separately in order to reach a consensus from the other aspects of Comprehensive Plan Amendment 94-1. Dr. Alperin felt that there were discrepancies between the land use designations and that he could not support the applicant's proposal. He felt that it is the responsibility of the Commission to make sure the proposal is what the community desires and what is best - 15 - 5/17/94 for the City as a whole. He stated that he could not support the proposal due to over-commercialization, and recommended that the Future Land Use Map Amendment for Blood's Hammock Groves be deleted from the transmittal of Comprehensive Plan Amendment 94-1. Mrs. Smith agreed with comments made by Dr. Alperin with the exception of the commercial aspect. She felt that the proposed commercial component is a unique type of commercial enterprise which could be supported. However, she felt that the residential density is too much and would only support the amendment if it were changed to reflect a lesser density. Mr. Randolph did not object to the residential aspect of the project and felt that it would be an ideal location for a school. However, he did have concerns regarding density and did not feel he could support the change. Mayor Lynch stated that the Comprehensive Plan was created in 1989 and adopted in 1990. He pointed out that Blood's Hammock Groves has been an asset to the City for many years. Mayor Lynch questioned Mr. Weiner's reference to inconsistencies in the Comprehensive Plan. It was his understanding that when the Comprehensive Plan was first processed in 1989 it was very specific as to what density would be on the Blood's Hammock Groves property. Mayor Lynch asked the Planning Director if there really was an inconsistency as referenced by Mr. Weiner. Diane Dominguez explained that staff was looking at the latest amendment where the tables for Comprehensive Plan Amendment 94-1 were being changed for potential residential units. The tables show a potential for 680 units for this particular parcel; however, the developer is only planning to build 625 units. Mayor Lynch stated that he would like to see the developer change the plan in order to be more compatible with the surrounding neighborhood and that he would support the plan as amended. Dr. Alperin moved to transmit Comprehensive Plan Amendment 94-1, less the Blood's Hammock Groves Future Land Use Map Amendment, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - No; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 3 to ! vote. 10,~, ORDINANCE NO. 27-94: An ordinance rezoning a 2.826 acre parcel of land located south of Lake Ida Road on the west side of the CSX Railroad right-of-way (FP&L property) from PCC (Planned Commerce Center) District to CF (Community Facilities) District. The City Manager presented Ordinance No. 27-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PCC (PLANNED COMMERCE CENTER) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED SOUTH OF LAKE IDA ROAD, ON THE WEST SIDE OF THE CSX RAILROAD RIGHT-OF-WAY; AND AMENDING "ZONING - 16 - 5/17/94 MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A .GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 27-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for adoption of Ordinance No. 27-94 on Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4 to 0 vote. At this point, Mayor Lynch left the Commission Chambers and Vice Mayor Alperin took the Chair. 10.C.1. Conditional Use Approval - FP&L Power Transfer Station: Consider a request for conditional use approval to establish a power transfer station for Florida Power & Light. Mrs. Smith moved to approve the conditional use for the FP&L power transfer station, seconded by Mr. Randolph. Upon roll call, the Commission voted as follows: Vice Mayor Alperin - Yes; Mr. Randolph - Yes; Mrs. Smith - Yes. Said motion passed with a 3 to 0 vote. 10.D. ORDINANCE NO. 28-94: An ordinance amending Section 1.3.6 of the Land Development Regulations relating to the maximum expenditure for repair and maintenance of nonconforming structures. The City Manager presented Ordinance No. 28-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 1.3, "NONCONFORMING USES, LOTS, AND STRUCTURES", SECTION 1.3.6, "REPAIRS AND MAINTENANCE", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE RESTRICTIONS FOR THE REPAIR AND MAINTENANCE OF NONCONFORMING STRUCTURES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (Copy of Resolution No. 28-94 is on file in the official Resolution Book) The City Attorney read the caption of the Ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved for the adoption of Ordinance No. 28-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call - 17 - 5/17/94 the Commission voted as follows: Mr. Randolph - Yes; Mrs. Smith - Yes; ~ice Mayor Alperin - Yes. Said motion passed with a 3 to 0 vote. Comments and Inquiries on Non-Agenda Item~ from ~he Public- Immediately following Public Hearings. ll.A. City Manager's response to prior public cQmm$nSs snd inquiries, In response to a previous request regarding the installation of a traffic signal at N.E. 3rd Street and Swinton Avenue, the City Manager reported that an engineering study was conducted by Palm Beach County which revealed that signalization is not warranted at this time. Regarding an inquiry concerning the acquisition of laptop computers for the Police Department, the City Manager stated that it is the Department's goal to initiate a pilot program to begin in FY 94/95. Should the pilot program be successful, the entire system will be implemented over the next three years. The Department is presently working on determining the best system which will be the most appropriate and has submitted a funding request in the amount of $42,000.00 as part of their budget for next fiscal year. ll.B. From the Public. ll.B.1. Carolyn Young. 15112 Tall Oak Avenue, stated that a Police Officer had called her on Saturday morning at 6:45 A.M. She felt that it was very inappropriate to call at such an early hour since it was not considered an emergency. She further stated that the Officer informed her that the Police Department had been trying to contact her in order to be able to enter one of her rental units which is located at 110 $.W. 6th Avenue. The Officer alleged that there may be illegal activities being conducted on her property. Also, that Code Enforcement was unsuccessful in contacting her regarding potential code violations. Ms. Young pointed out that she is well known to City personnel and emphasized the fact that she could have been contacted at her place of business or via mail. ll,B,2, George English, 909 West Atlantic Avenue, stated that he is a member of VISIONS West Atlantic Avenue committee and reported that the committee feels that parking should remain on West Atlantic Avenue. He pointed out that businesses which are located on West Atlantic Avenue are suffering financially since the new "No Parking" signs were installed. Also, that the signs which are located within the 600 and 1000 blocks have certain time limitations with special hours allocated for individual businesses on these particular blocks. Mr. English felt that the 900 block in particular was being penalized. ll,B,$, Andre Leroy Andrews. 618 S.W. 6th Avenue, voiced his personal opinion regarding comments expressed previously by Mr. English. He emphasized that he wants to see drug activity and loitering along West Atlantic Avenue ceased; however, he felt there should not be any interference from City officials or City staff. He felt that innocent people were needlessly being forced away from businesses in this particular section of the City. He added that he - 18 - 5/17/94 personally was aware of individuals who had received parking tickets and/or had their vehicles towed along West Atlantic Avenue. He felt that the business owners in this area of town should be treated the same as business owners which are located east of Swinton Avenue. Mr. Andrews suggested that the City Commission hold a special workshop with the owners of businesses along West Atlantic Avenue in order to try to resolve this issue. ~l,B.4, D~ni~l Wright, 106 N.W. 12th Avenue, pointed out that individuals in the audience who wished to address the Commission on their personal topics should be given more time to voice their concerns. He compared the length of time which was extended .for the Blood's project to the public comments portion of the agenda. Mr. Wright made reference to the fact that the Mayor was not present for this portion of the agenda since he had left the meeting early. He commented that individuals in the audience who wished to address the Commission felt slighted. ll.B.5. Jonathan Green, owner of a business located at 1005 South Congress Avenue, stated that he had been burglarized twice during the past two weeks. He felt that the majority of police security is being concentrated in the West Atlantic Avenue area leaving insufficient police coverage for the remainder of the City. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Commission. There were no comments nor inquiries made by Commission Members. 13.B. Qi~Y Attorney. The City Attorney reported that there may be an ordinance passed in the near future by the Board of County Commissioners which would levy certain fees which relate to Wellfield Protection. A draft resolution has been forwarded to the City Attorney's Office and will be placed on the Commission's next regular meeting agenda. 13.C. City Manager - No comments. There being no further business, Vice Mayor Alperin declared the meeting adjourned at 8:55 P.M. JCit¥ Cl~rk Y ATTEST: - 19 - 5/17/94 The undersigned is the City Clerk of the City of Delray Beach and the information provided herein is the minutes of the meeting of said City Commission of May 17, 1994, which minutes were formally approved and adopted by the City Commission on Cit~ Clerk # NOTE TO ~EADER: If the minutes that you have received are not completed as indicated above, then this means that they are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. - 20 - 5/17/94