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11-15-93 NOVEMBER 15, 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, November 15, 1994. 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 Commissioner Alperin. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. Mayor Lynch noted the addition of two items to the agenda by addendum, as follows: Item $.P. to the Consent Agenda (Settlement/City of Delray Beach v. DeCapito), and Item 9.I. to the Regular Agenda (Settlement/Gloria Hilton v. City of Delray Beach). The City Manager stated that Item 10.B. (Public Hearing for Ordinance No. 87-94/Taheri Rezoning) should be reversed in order with Item 10.C. (Public Hearing for Ordinance No. 90-94/ Comprehensive Plan Amendment 94-1). He further stated that Item 8.0.3. on the Consent Agenda (Lease/purchase of photocopier for the City Clerk's Office) should be removed from the agenda. The City Attorney advised that Item 8.C. on the Consent Agenda (Agreement between the City and Habitat for Humanity) should be approved with the caveat that a termination clause will be added to the agreement which will allow the City to terminate with a thirty day written notice. Mr. Ellingsworth moved to approve the Agenda, as amend- ed, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Ellingsworth moved approval of the Minutes of the Regular Meeting of November 1, 1994, and the Special Meeting of November 8, 1994, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. National Bible Week - November 20 to 27, 1994 Mayor Lynch presented a proclamation recognizing the week of November 20 to 27, 1994 as National Bible Week. 7. Presentations: 7.A. Resolution No. 92-94: A resolution recognizing and commending Ruth J. Swanson for over 13 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 92-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING RUTH J. SWANSON FOR OVER THIRTEEN YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (Copy of Resolution No. 92-94 is on file in the offi- cial Resolution Book) Mayor Lynch noted that Ruth Swanson began her employ- ment with the City as the only Permit Clerk in the former Build- ing Department and has concluded her tenure with the City as an Administrative Assistant in the City Clerk's Office. He commend- ed Mrs. Swanson on her excellent performance and announced that a party honoring her retirement will be held in the City Clerk's Office on November 29, 1994, from 2:00 to 4:00 P.M., and that the resolution would be presented at that time. Dr. Alperin moved for approval of Resolution No. 92-94, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 7.A.1. Brahm Dubin, Director of the Delray Beach Municipal Golf Course, stated that the Golf Course recently held its fourth annual City of Delray Beach Long Drive contest for the City Commissioners. -2- 11/15/94 Sandy Eriksson, Golf Pro, presented the award to Com- missioner Randolph on his drive of 221 yards and suggested that the trophy be displayed in City Hall. 8. CONSENT AGENDA. City Manager recommends approval. 8.A. FINAL PLAT/OWENS COMMERCIAL SUBDIVISION: Approve the final plat for Owens Commercial Subdivision, a proposed three lot subdivision, subject to conditions. The subject property is located on the north side of West Atlantic Avenue, between N.W. 18th Avenue and the CSX Railroad. 8.B. PROPOSED SCHOOL BOUNDARY CHANGES: Approve the proposed school boundary changes reviewed on November 8, 1994, and forward same as a recommendation to the School Board and their multi-ra- cial citizens committee. 8.C. AGREEMENT BETWEEN THE CITY AND HABITAT FOR HUMANITY OF BOCA/DELRAY: Approve agreement between the City and Habitat for Humanity of Boc/Delray to build ten (10) homes on lots provided by the City for low income families by September 30, 1996. 8.D. SUBDIVISION IMPROVEMENTS AGREEMENT/SALAH A. SAWAYA: Approve a Completion of Subdivision Improvements Agreement be- tween the City and Salah A. Sawaya, for proposed improvements which include the extension of a sanitary sewer line to service a single family residence at 615 North Ocean Boulevard. $.E. ACCEPTANCE OF EASEMENT DEED: Accept an easement deed to allow for City maintenance of an existing pipe which currently drains N.W. 13th Street and outfalls into Lake Ida, involving the Mellor property at 1300 N.W. 13th Street. 8.F. PAYMENT FOR RELOCATION OF CITY HALL TRANSFORMERS: Approve payment in the amount of $15,905.00 to Florida Power and Light Company for the relocation of transformers from inside the existing vault at the rear of City Hall to the exterior of the building on a concrete pad adjacent to the new generator enclo- sure; with funding from Buildings - Renewal and Replacement (Account No. 334-6112-519-62.10). 8.G. CHANGE ORDER NO. 6/MOLLOY BROTHERS, INC.: Approve Change Order No. 6 with Molloy Brothers, Inc. for an extension of time to delay the start of construction on Swinton Circle until January 9, 1995. 8.H. CHANGE ORDER NO. I/FIVE STAR CONSTRUCTION, INC: Ap- prove Change Order No. 1 to the contract with Five Star Construc- tion, Inc. for an extension of City Hall generator enclosure project completion date by twelve (12) days (from December 10 to December 22, 1994). 8.I. SERVICE AUTHORIZATION NO. 6A/GEE & JENSON: Approve Service Authorization No. 6A in the amount of $12,000.00 to Gee & -3- 11/15/94 'Jenson for consulting services necessary to obtain a Florida Department of Transportation variance for design of the East Atlantic Avenue Beautification project. 8.J. AMENDMENT NO. i TO SERVICE AUTHORIZATION NO. 9/GEE & JENSON: Approve Amendment No. 1 to Service Authorization No. 9 in the amount of $12,790.00 to Gee and Jenson for additional design cost due to the increase in scope of the Pompey Park Pool & Bathhouse project; with funding from General Construction Fund - Pompey Park Pool (Account No. 334-4170-572-63.45). 8.K. SERVICE AUTHORIZATION NO. 14/CH2M HILL: Approve Ser- vice Authorization No. 14 in the amount of $31,972 to CH2M Hill for preparation of a feasibility study for the proposed Aquifer Storage and Recovery project, with funding from Water and Sewer - Aquifer Storage & Recovery (Account No. 441-5181-536-69.18) through budget transfer. 8.L. RESOLUTION NO. 88-94: Approve a resolution assessing costs for abatement action required to remove nuisances on 21 properties located within the City. The caption of Resolution No. 88-94 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) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING 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 ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 88-94 is on file in the offi- cial Resolution Book) 8.M. RESOLUTION NO. 89-94: Approve a resolution assessing costs for abatement action required to remove five opera- ble/abandoned vehicles throughout the City. The caption of Resolution No. 89-94 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL -4- 11/15/94 COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 89-94 is on file in the offi- cial Resolution Book) 8.N. RESOLUTION NO. 90-94: Approve a resolution assessing costs for abatement action to be performed on an abandoned septic tank located at 18-24 N.W. 6th Avenue. The caption of Resolution No. 90-94 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. 90-94 is on file in the offi- cial Resolution Book) 8.0. AWARD OF BIDS AND CONTRACTS: 1. Bid Award - to Lamar's Uniforms and Harrison Uniforms for Fire Department uniforms, at an estimated annual cost of $24,746.20, with funding from Ambulance and Rescue Service - Uniforms (Account No. 001-2315-526-52.22), Fire Safety - Uniforms (Account No. 001-2317-522-52.22), and Administration - Uniforms (Account No. 001-2311-522-52.22). 2. Bid Award - to Hector Turf for Toro Groundsmaster mowers via State Contract, in the amount of $23,190, with funding from City Garage - Automo- tive (Account No. 501-3312-519- 64.20). 3. THIS ITEM WAS REMOVED FROM THE AGENDA. -5- 11/i5/94 4. Contract award - to Florida Design Contractors, Inc. for the Morikami Park Raw Water Main, in the amount of $434,090, with funding from 1993 Water and Sewer Bond (Account No. 440-5179-536-63.61). 5. Bid Award - to Tri-Gas for the Miller Air Pac Welder Generator/Compressor, in the amount of $17,275, with funding from Garage - Vehicle Re- placement (Account No. 501-3312-591-64.20). 8.P. SETTLEMENT/CITY OF DELRAY BEACH VERSUS DECAPITO: Approve settlement in the amount of $16,500 plus attorney's fees, for the City versus Decapito, an eminent domain action regarding the acquisition of right-of-way for S.W. 10th Avenue. Mr. Ellingsworth moved for approval of the Consent Agenda as amended, 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. REGULAR AGENDA: 9.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider accepting the actions and decisions made by the Site Plan Review and Appearance Board during the period October 31 through November 11, 1994. Dr. Alperin moved to receive and file the report, seconded by Mr. Randolph. 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.B. STORMWATER MASTER PLAN SCHEDULE OF CAPITAL IMPROVE- MENTS: Consider the first 5 years of the proposed Stormwater Master Plan Schedule of Capital Improvements, and authorize staff to proceed with the FY 1994/95 project list. The City Manager pointed out that some of the projects have been moved on the CIP's priority list in order to concen- trate on eliminating tidal flooding problems in the beach area. Thus, the item is before the Commission for consideration in order to authorize staff to proceed with the FY 94/95 project list. The City Manager further stated that the Environmental Services staff had recommended that as part of this approval, the City Manager be authorized to reprioritize the five year project list, within available funding. He felt that such authorization would not be appropriate without prior approval from the City Commission. Mr. Ellingsworth moved to approve the project list for the first five years of the proposed Stormwater Master Plan Schedule of Capital Improvements. Included in the motion for -6- 11/15/94 'approval is authorization to staff to proceed with the FY 1994-95 project list, and deletion of authorization to the City Manager to reprioritize the five year project list, within available funding, as recommended by the City Manager. The motion was 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. Prior to roll call, Mayor Lynch asked that the Commis- sion be provided with a breakdown of the operating expenses for the Stormwater Utility. 9.C. BID AWARD/F~ARDRIVES OF DELRAY, INC.: Consider bid award in the amount of $1,467,078.00 to Hardrives of Delray, Inc. for S.W. 10th Street Phase II and S.W. 10th Avenue project, in- cluding Change Order No. 1 to provide for the maintenance of two-way traffic under the 1-95 overpass from S.W. 17th Avenue to the west end of the project at all times throughout the duration of the project. Funding is available from Decade of Excellence Phase II in the amount of $760,341.75 (Account No. 228-3162- 541-61.90); S.W. 10th Street Renewal and Replacement in the amount of $72,790.00 (Account No. 442-5178-536-61.90); Stormwater Utility Fund in the amount of $366,945.00 (Account No. 448-5411-538-62.42); and SoW. 10th Avenue Road Construction in the amount of $267,001.25 (Account No. 334-3162-541-61.89). Mr. Ellingsworth moved to approve the bid award to Hardrives of Delray, Inc. in the amount of $1,467,078.00, sec- onded by Mrs. Smith. Upon roll call the Commission voted as fol- lows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, Dr. Alperin expressed concern as to the fact that only one company had presented a formal bid. 9.D. CHANGE ORDER NO. 2/FLORIDA DESIGN CONTRACTORS, INC.: Consider Change Order No. 2 for a 30 day extension to the con- tract with Florida Design Contractors, Inc. for Golf Course Production Wells %35 and %36. The City Manager explained that the change order is to correct a design error by the design engineers who have acknowl- edged responsibility for the error. A fuel storage tank was located within Wellfield Zone %1, which is not allowed by the County since there is a potential for pollution. The consulting engineers will pay the cost of $29,500 for the oversight and relocation of the tank. On behalf of the Commission, Mayor Lynch expressed appreciation to the consulting engineers, Hazen and Sawyer, for their honestly in admitting their mistake. -7- 11/15/94 Mr. Randolph moved for approval of Change Order No. 2 to the contract with Florida Design Contractors, Inc., 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.E. RESOLUTION NO. 91-94: Consider a resolution expressing strong opposition to the State of Florida Department of Transportation's proposal to expand U.S. Highway No. 1 from four to six lanes in certain areas of Palm Beach County without coor- dinating with the local governments of the affected municipali- ties. The City Manager presented Resolution No. 91-94: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING STRONG OPPOSITION TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION'S PROPOSAL TO EXPAND U.S. HIGHWAY NO. 1 THROUGH THE MUNICIPALITIES OF DELRAY BEACH, BOYNTON BEACH, LANTANA, LAKE WORTH, HYPOLUXO, WEST PALM BEACH AND ANY OTHER AFFECTED MUNICIPALITY WITHOUT COORDINATING THIS PROPOSED EXPANSION WITH THE LOCAL GOVERNMENTS OF THOSE MUNICIPALITIES; REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO COORDINATE WITH THE MUNICIPALITIES THROUGH WHICH EXPANSION OF STATE HIGHWAYS IS CONTEMPLATED PRIOR TO COMMENCEMENT OF SUCH EXPANSION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (Copy of Resolution No. 91-94 is on file in the offi- cial Resolution Book) The City Manager explained that Resolution No. 91-94 expresses the City's strong opposition to FDOT's proposal to six lane U.S. Highway #1. He suggested that several sections be amended because of the need for six laning south of Linton Boule- vard and continuing into Boca Raton. The recommended amendments are as follows: 1. In the fourth WHEREAS, after the word improvements on the first line, add: "such as six-laning from Linton Boulevard south to Hidden Valley Road or beyond." 2. In Section 1, amend the first line to read, "While the City of Delray Beach recognizes the need and supports six-laning of U.S. Highway No. 1 from Linton Boulevard south to Hidden Valley Road or beyond, the City hereby expresses .... " 11/15/94 Mrs. Smith moved for the adoption of Resolution No. 91-94, as amended, 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.F. MUNICIPAL CEMETERY EXPANSION: Consider expansion of the Municipal Cemetery and the reestablishment of the Perpetual Care Fund for future maintenance of the cemetery. The City Manager stated that he recommends expansion as there is a great need for additional space in the municipal cemetery. Also, another issue under consideration is whether or not the Perpetual Care Fund should be reactivated. He explained that the revenue from the burial lot sales could go into this fund and over a period of eighteen years there would be enough funds to generate enough revenue to pay for the expansion. In the meantime there would be that much less to offset the current costs of operation. The City Manager noted that staff had checked into the possibility of selling off the ten undeveloped acres and then the proceeds could be used to support the existing operation and maintenance. He noted that staff feels that the proceeds from such a sale would not be sufficient. Upon question by Mr. Ellingsworth regarding drainage problems, the City Manager stated that this would tie-in with the drainage work that is presently being done on S.W. 10th Street. Mayor Lynch asked if staff had contacted funeral direc- tors throughout the City to obtain their input and ensure their support of the expansion. Joe Weldon, Director of Parks and Recreation, advised that back in 1986, a group of local funeral directors got togeth- er and came up with recommendations as to how the cemetery could be improved. These recommendations included improved mainte- nance, construction of an entrance off of S.W. 10th Street, and that a mausoleum be constructed. Mr. Weldon pointed out that these recommendations were followed through on and have been accomplished. He was pleased to stated that the cemetery has become a more marketable and aesthetically pleasing facility. In response to Mayor Lynch's request, Mr. Weldon stated that he would be happy to meet with the funeral directors again to obtain their further input. Mr. Ellingsworth moved to proceed with the expansion of the municipal cemetery, including approval of Service Authoriza- tion No. 4 to Michael B. Schorah & Associates in the amount of $9,990.00 for engineering services, and approval of the reactiva- tion of the Perpetual Care Fund; 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 - No. Said motion passed with a 4 to 1 vote. -9- 11/15/94 The City Manager stated that staff will contact the local funeral directors to update their assessment of the munici- pal cemetery and to obtain their input as to how to make it a more marketable facility. 9.G. EMERGENCY MEDICAL TRANSPORT SERVICES: Direction con- cerning proposals from the Delray Beach Fire Department and Bethesda Ambulance Service concerning emergency medical transpor- tation. The City Manager explained that the issue under consid- eration is whether or not the City should move forward for a Certificate of Need which will allow the City to provide trans- port service. If the Commission decides not to move forward with its application for a Certificate of Need, then there are several items to consider. The City could maintain the status quo of the two tier system, or the Commission could accept Bethesda Ambu- lance Service's proposal which they (Bethesda) feel would enhance response time. To accept the full proposal from Bethesda Ambu- lance would result in a reduction of the City's firefighting staff. He explained that staff needs direction since a presenta- tion on the Certificate of Need is scheduled before the Board of County Commissioners on Thursday, November 17, 1994. Dr. Alperin noted that this is a very emotional item and a difficult one to consider. He did not feel that the origi- nal presentation was beneficial nor was it very objective. He reiterated that the fire rescue personnel are highly trained individuals and fully deserve public recognition for their ef- forts. However, he did not want to hear repetitive testimonials and felt that more information was needed in order to come to a decisive conclusion on this issue. Dr. Alperin asked if an informal poll could be taken of the Commission to determine in what direction a majority might be leaning, and possibly elimi- nating the need for lengthy, repetitive and emotional public testimony should the majority of the Commission be in favor of supporting the same position. It was noted by the City Manager that as of this date, he was informed by the Fire Chief that the City could still contract with Bethesda Ambulance Service but the City would hold the Certificate of Need. This would allow more flexibility. By informal poll of the City Commission, Mrs. Smith indicated she would support the Fire Department's proposal, Dr. Alperin stated that he wanted more information, Mr. Ellingsworth stated he would support the Fire Department's proposal, Mr. Randolph advised he would support the Fire Department's proposal, and Mayor Lynch stated that he, too, wanted more information. Mayor Lynch pointed out that he understood that there have been statements made that he is against the Fire Department and stated that these statements are erroneous. He explained that he only wants to do what is right for the City as a whole -10- 11/15/94 'and that he votes on issues on merit alone. He emphasized that it was his suggestion approximately five years ago to construct the fire station where it is located today on West Atlantic Avenue, to serve as a role model for the firefighters and the community. Mayor Lynch stated for the record that he does have some concerns regarding the Fire Union and felt that giving the Union more power will only make it more difficult to deal with them. He stated that the citizens of the City should be aware of that fact. Mayor Lynch stated that when he ran for Mayor some four years ago, he ran on basically two premises: to run the City as a business and secondly, to bring harmony to the City by bringing in good honest government. He felt that the Fire De- partment has taken this issue to the public and made it an emo- tional issue and divided the City. Also, some of the leading political activists were ready to side up to support one side without listening to the opposing side, which he felt is a very dangerous situation. He emphasized that the issue should not be political, but of a business nature. Mayor Lynch expressed his disappointment on the way the proposal was handled by staff and suggested that in the future issues be evaluated and addressed in a professional and business-like manner. Mrs. Smith moved to direct staff to pursue the Certifi- cate of Need and to accept the Fire Department's proposal, sub- ject to the City Manager's recommendation that no new personnel or equipment be added at this time; seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - No; Mr. Ellingsworth Yes; Mr. Randolph Yes; Mayor Lynch - No; Mrs. Smith - Yes. Said motion passed with a 3 to 2 vote. 9.H. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a resident member to the Delray Beach Housing Authority to a four-year term ending July 14, 1998. Mr. Randolph moved to recommend the reappointment of Gall Dillard to the Delray Beach Housing Authority, seconded by Mrs. Smith. Mayor Lynch stated that he could not accept the recom- mendation due to Ms. Dillard's attendance record. At this point, Mr. Randolph asked the Commission to consider a motion to pass his recommendation for appointment to the next Commissioner in the rotation schedule. Mrs. Smith so moved, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. Mr. Randolph left the room at this time. 9.I. SETTLEMENT/GLORIA HILTON VERSUS CITY OF DELRAY BEACH: Consider settlement in the amount of $39,500, which includes all -11- li/i5/94 'costs and attorney's fees, for Gloria Hilton versus City of Delray Beach. This action is for injuries and lost wages as a result of an automobile accident that occurred where a City stop sign was missing. Mr. Ellingsworth moved to approve settlement in the amount of $39,500.00, including all costs and attorney's fees, for Gloria Hilton v. City of Delray Beach, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph returned to the Chambers at this time. At this point the Commission moved to the First Read- ings portion of the Agenda. 12. First Readings: 12.A. ORDINANCE NO. 88-94: Corrective Future Land Use Map (FLUM) amendment from Low Density Residential to Transitional and corrective rezoning from RM (Medium Density Residential) to RO (Residential Office) District for a 0.34 acre parcel of land located at 800 North Andrews Avenue (known as the Moore property; f/k/a Tison Realty). If passed, public hearing on December 6, 1994. The City Manager presented Ordinance No. 88-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM LOW DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 800 NORTH ANDREWS AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance No. 88-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 93-94: Corrective Future Land Use Map (FLUM) amendment from Medium Density Residential to Transitional -12- 11/15/94 'and corrective rezoning from RM (Medium Density Residential) to RO (Residential Office) District for a 0.40 acre parcel of land located at 1201 George Bush Boulevard (Chapin Law Offices). If passed, public hearing on December 6, 1994. The City Manager presented Ordinance No. 93-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO TRANSITIONAL, AND CORRECTING THE ZONING CLASSIFICATION FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT, FOR A PARCEL OF LAND LOCATED AT 1201 GEORGE BUSH BOULEVARD, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved for the adoption of Ordinance 93-94 on First Reading, seconded by Dr. Alperin. 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. 61-94: An ordinance annexing and estab- lishing initial zoning of RL (Low Density Residential - 3 to 6 units per acre) for an 11.63 acre undeveloped portion of Rockland Park Subdivision. The subject property is located on the west side of Military Trail, approximately 2,800 feet north of Atlan- tic Avenue. If passed, public hearing on December 6, 1994. The City Manager presented Ordinance No. 61-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PART OF ROCKLAND PARK SUBDIVISION, LOCATED ON THE WEST SIDE OF MILITARY TRAIL APPROXIMATELY 2,800 FEET NORTH OF ATLANTIC AVENUE, AS 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; PROVIDING FOR THE ZONING THEREOF TO RL (LOW DENSITY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -i3- 11/15/94 The City Attorney read the caption of the ordinance. Diane Dominguez, Planning Director, noted that the petitioner has changed the application to reflect a requested zoning classification of RL (Low Density Residential). Mr. Randolph moved for the adoption of Ordinance No. 61-94 on First Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Prior to roll call, Dr. Alperin stated that since the requested density has been reduced he would vote in support of the proposal on First Reading. However, he expressed concern regarding "piece meal" annexation of properties west of Military Trail as he feels the whole area should be brought in together. The Planning Director stated that at the October 4th workshop meeting, the Commission directed staff to proceed with the annexation of the area west of Military Trail in timely fashion. Assuming all of the legalities can be worked out, an annexation referendum is tentatively scheduled for the March, 1995, election. In the interim, however, Commission direction from October 4th was to process voluntary annexations such as Rockland Park as they are received. 12.D. ORDINANCE NO. 94-94: An ordinance adopting Comprehen- sive Plan Amendment 94-2. If passed, public hearing on December 6, 1994. Associated Future Land Use Map (FLUM) amendments: 1. Rockland Park Subdivision, from County LR-3 (Low Density Residential - 3 units per acre) to City Medium Density (5 to 12 units per acre) 2. Lee Property, from County MR-5 (Medium Density Residential - 5 units per acre) to City Low Densi- ty (0 to 5 units per acre) 3. Silver Terrace Redevelopment Area: A text change to redirect the scope of the Silver Terrace Rede- velopment Plan 4. S.W. 10th Street Area from Transitional to Com- merce. The City Manager presented Ordinance No. 94-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, -14- 11/15/94 INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 94-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. John Walker, Project Coordinator, reported that at its meeting of November 13, 1994, the Planning and Zoning Board recommended that the City Commission accept the Response to the ORC Report and that Plan Amendment 94-2 be adopted. Mrs. Smith moved to accept the Response to ORC Report and for the approval of Ordinance 94-94 (Comprehensive Plan Amendment 94-2) 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. 12.E. ORDINANCE NO. 91-94: An ordinance repealing Chapter 112, "Alarm Systems", of the City Code in its entirety, and enacting a new Chapter 112, "Alarm Systems", to provide for the regulation of alarm systems. If passed, public hearing on Decem- ber 6, 1994. The City Manager presented Ordinance No. 91-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING CHAPTER 112, "ALARM SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR THE REGULATION OF ALARM SYSTEMS WITHIN THE CITY OF DELRAY BEACH, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. It was noted by the City Attorney that there have been several revisions. The essential changes are as follows: that the renewal fee has been eliminated and there is a late charge if registration is not renewed within the time period allowed, including a ten day grace period; and, the schedule for false alarms has been modified and will be a graduated fee. Mrs. Smith pointed out that in Section 112.26(C) of the proposed ordinance, there are conflicting time frames for failing to return an "Affidavit of Service/Repair" -15- 11/15/94 Eric Hightower, Police Legal Advisor, stated that both references should reflect a thirty (30) day time frame, not 15 days, and that this error would be corrected. Dr. Alperin moved for the adoption of Ordinance 91-94 on First Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 92-94: An ordinance amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for corrections in the connection fee which was inadvertently amended by passage of Ordinance No. 22-94. If passed, public hearing on December 6, 1994. The City Manager presented Ordinance No. 92-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 53.130, "USER CHARGERS; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE" TO PROVIDE FOR CORRECTIONS IN THE CONNECTION FEE WHICH WAS INADVERTENTLY AMENDED BY PASSAGE OF ORDINANCE NO. 22-94; TO PROVIDE FOR REPEAL OF SECTIONS 53.130(B), "CONNECTION CHARGE", AND SECTION 53.130(C0, "EXCEPTIONS TO CONNECTION CHARGE"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Dr. Alperin moved for the adoption of Ordinance 92-94 on First Reading, 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearing portion of the agen- da. 10. Public Hearings: 10.A. ORDINANCE NO. 84-94: An ordinance amending Chapter 71, "Parking Regulations", by repealing Ordinance No. 70-94 and former Section 71.060 of the City Code, and enacting a new Sec- tion 71.060, "Parking Meter Permits", to establish that all persons may obtain a parking permit for Anchor, Sandoway and the Holiday Inn North parking lots, to limit the Ingraham Avenue lot to City residents, establishing a fee for parking permits, and to provide for the transfer of parking permits and the issuance of substitute stickers. Prior to consideration of passage of this -16- 11/15/94 'ordinance on Second and FINAL Reading, a public hearing has been scheduled at this time. The City Manager presented Ordinance No. 84-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS, BY REPEALING ORDINANCE NO. 70-94 AND FORMER SECTION 71.60 OF THE CODE OF ORDINANCES AND ENACTING A NEW SECTION 71.060, "PARKING METER PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO ESTABLISH THAT ALL PERSONS MAY OBTAIN A PARKING PERMIT FOR ANCHOR, SANDOWAY, AND THE HOLIDAY INN NORTH PARKING LOTS, AND TO LIMIT THE PURCHASE OF PARKING PERMITS FOR THE INGRAHAM AVENUE LOT TO CITY RESIDENTS IN THE MANNER WHICH EXISTED PRIOR TO ENACTMENT OF ORDINANCE NO. 70-94, ESTABLISHING A FEE FOR THE PARKING PERMIT, TO PROVIDE FOR THE TRANSFERRING OF PARKING PERMITS AND THE ISSUANCE OF SUBSTITUTE STICKERS FOR A SUBSTITUTE VEHICLE ACQUIRED BY THE SAME PERMIT HOLDER SUBSEQUENT TO THE ISSUANCE OF THE ORIGINAL PERMIT PERMIT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 84-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Speaking from the audience were the following: (1) Mr. Robert Banker, resident of High Point, who stated he was opposed to the increase in the fee and emphasized that any increase would place a hardship upon senior citizens who live on limited income. He did not think it was fair since two months have elapsed and many residents have already purchased permits. Those purchasing permits now will have to pay more for a ten month period. Mr. Banker urged the Commission to deny the proposal for an increased fee. Mayor Lynch stated that it was the Commission's under- standing that no permits were to be issued until such time that the matter was resolved. Unfortunately, some permits were sold to City residents but not to non-residents. (2) Ms. Helen Coopersmith, who spoke on behalf of an individual who was opposed to the proposed fee increase but was not able to attend the Commission meeting. -17- 11/15/94 (3) Ms. Alice Finst,. 707 Place Tavant, felt that the current $25.00 fee is reasonable, but that an increase to $75.00 per year in order to meet a deficit was outrageous. The public hearing was closed. Mr. Ellingsworth stated that he had made the motion to increase the beach parking permit fee to $75.00 and presented his rationale. The shortfall for maintaining the beach is approxi- mately $663,000, and he did not feel that $75.00 for a year was an unreasonable amount. Dr. Alperin stated that he would be willing to support a lower fee of $50.00. Mrs. Smith and Mr. Randolph concurred and thought that tripling the amount at this time was excessive. Mrs. Smith moved to change the beach parking permit fee from $75.00 to $50.00 and to adopt Ordinance No. 84-94 on Second and FINAL 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. As amended under Item 4, "Agenda Approval", Items 10.B. and 10.C. were considered by the Commission in reverse order. 10.C. ORDINANCE NO. 90-94: An ordinance adopting Comprehen- sive Plan Amendment 94-1. 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 at this time. The City Manager presented Ordinance No. 90-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 94-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3151 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 94-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 90-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- 'ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. John Walker, Project Coordinator, gave a presentation highlighting the specific changes encompassed by Comprehensive Plan Amendment 94-1. Michael Weiner, Attorney representing the Del-Aire Property Owners Association, reiterated statements which he made during prior Commission meetings relative to a conflict in densi- ty calculations which were made prior to the adoption of the Comprehensive Plan. He stated that Comprehensive Plan Amendment 94-1 should not be approved until the correction has been made and suggested that the Commission deny the ordinance. Diane Dominguez, Planning Director, clarified that the maps which were illustrated in the Comprehensive Plan are being changed. The maps reflect potential residential units based on adopted land use designations. She explained that staff had looked at the vacant acreage based on the potential land use and came up with a potential number of dwellings units. She empha- sized that there have been numerous land use changes throughout the years, and that cities do not usually update this data. The tables as outlined in the Comprehensive Plan are really presented as an estimate in order to determine future planning. Ms. Dominguez stated that the tables do not dictate what the future of the property should be, emphasizing that it is the Future Land Use Map which determines the density in the City. The public hearing was closed. Dr. Alperin moved to approve Ordinance No. 90-94, adopting Comprehensive Plan Amendment 94-1, on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes. The motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 87-94: An ordinance rezoning a parcel of land located on the east side of Military Trail south of Linton Boulevard (Taheri Property) from POC (Planned Office Center) in part, and A (Agricultural), in part, to RM (Medium Density Resi- dential). 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 at this time. The City Manager presented Ordinance No. 87-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AD PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART, TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, WHICH PROVIDES A RESIDENTIAL ZONING -19- 11/15/94 DISTRICT WITH FLEXIBLE DENSITIES HAVING A BASE OF SIX (6) UNITS PER ACRE AND A RANGE TO TWELVE (12) UNITS PER ACRE, AND WHICH ALSO AUTHORIZES THE CITY COMMISSION TO ESTABLISH THE DENSITY FOR A SPECIFIC RM DEVELOPMENT BY AFFIXING A NUMERICAL SUFFIX TO THE DESIGNATION TO LIMIT THE DENSITY TO A SPECIFIC NUMBER BETWEEN SIX AND TWELVE UNITS PER ACRE, PURSUANT TO SECTION 4.4.6(H) (1) OF THE LAND DEVELOPMENT REGULATIONS; SAID LAND BEING LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 1,400 FEET SOUTH OF LINTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 87-94 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney announced that this zoning issue requires a quasi-judicial hearing. The hearing allows for pre- sentations by all involved parties, the admission of documents into the record and public testimony. Those individuals planning to give testimony before the City Commission in this matter were duly sworn in by the City Clerk. (1) Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. She pointed out an incorrect section number related to Required Findings, page 5 should have been reflected on page 11 under (D). This has been changed to read Section 3o3.2(D). Ms. Dominguez presented a brief background of the property in question. The petition involves five acres of prop- erty which is currently POC (Planned Office Center) and thirty- five acres which is zoned A (Agricultural). The 5-acre POC property is an undeveloped portion of the South County Profes- sional Center. There is an approved site plan on file for this property for approximately 50,000 Sqoft. of medical offices. The remainder of the property was annexed in 1993 with initial zoning of A (Agricultural). Prior to that annexation, the City's advi- sory land use designation for the property was Medium Density. At the time of the voluntary annexation, the land use designation was changed to Transitional. -20- 11/15/94 The proposal under consideration this evening is for rezoning of the 40+ acres to RM (Medium Density Residential) District which allows a density of from six to twelve units per acre. The property is under contract with a developer whose stated intention is to develop the property for a rental apart- ment community. In regard to traffic impact, a development under RM zoning would have fewer trips than the potential number of trips which could occur through development under the Transitional land use designation. A number of trips has been vested in the ap- proved site plan for Phase II of the South County Professional Center. Also, there are some trips vested with the existing nursery operation. For the record, the Planning Department has received a letter from Palm Beach County's Senior Engineer which states that multiple family development of the site at a density of 12 units per acre meets concurrency standards. This is subject to condi- tions which will be required to be met as part of the site plan approval. Also for the record, documentation has been received from the County confirming the widening of Military Trail to six lanes on the County's Five Year Plan and is scheduled for con- struction during the FY 96/97. Once the widening is complete, there should be few issues related to capacity for any type of development on this property. There is a need for a loop road connecting Military Trail to Linton Boulevard which will go through the Taheri property, through the Blood's property at some point. Ms. Dominguez pointed out that the planners for the Blood's property have raised some issues regarding this loop road in that it will be a City collector road. They have expressed concern that this would allow public traffic on what would be considered private residential communities; however, these issues will be resolved during the site plan approval. The Planning Director noted that the proposed medium density residential development will be a transition between existing commercial and office development to the north and lower density residential development to the south, and is appropriate in terms of compatibility. She stated that multi-family and single family uses can coexist and cited examples of such in- stances in Delray Beach, Boynton Beach and Boca Eaton. Ms. Dominguez emphasized that the quality of development is just as important as the density. Many people are under the false im- pression that multiple family means a lower quality of develop- ment that might possibly affect the value of their homes. Howev- er, there is evidence that recent developments within the City have substantial amenities and represent substantial investments. Ms. Dominguez stated that this petition was heard by the Planning and Zoning Board at its meeting of October 17, 1994. A number of individuals spoke in opposition to the RM zoning, -21- citing the proposed density of 12 units to the acre as being too high and suggesting that a reduced density of 5 to 8 units per acre would be appropriate. Other concerns expressed had to do with increased traffic volume and the potential development of a rental community. The Planning and Zoning Board split in its vote, recommending 4 to 3 that a density suffix of "8" be at- tached to the RM designation, thereby limiting the ultimate density of the property to eight units per acre. (2) Mr. Dennis Mele, Attorney representing the peti- tioner, gave a brief presentation highlighting compatibility issues for the development. He noted that if the City decides to apply a density suffix to the RM zoning, it must be based on a determination that the resulting development is harmonious with adjacent properties and does not adversely affect areas of envi- ronmental significance or sensitivity. (3) Dr. Taheri, owner of the subject property, stated he purchased the property approximately thirty years ago when it was a farm and Military Trail was a two-lane dirt road. He reviewed the history of the property up to the present applica- tion. Dr. Taheri stated that proposed development will include luxury apartments with amenities such as tennis courts, swimming pools, a lake and extensive landscaping. He further stated that he has tried to be sensitive to adjacent communities in the planning of this development, and that the current proposal is the lowest intensity development which can reasonably be placed on the property. (4) Mr. Kieran Kilday, Land Planner and Landscape Architect for the proposed development, pointed out that the first time the property owner considered voluntary annexation into the City was as the result of the School Board issue of where to site an elementary school. There was an agreement to sell a portion of Dr. Taheri's property to the City for use as a school site, with a contingency that commercial zoning would then be placed on the north/northwest portion of the site. However, at the Planning and Zoning Board hearing on the matter, concerns were expressed by neighboring residents about the potential impact of the commercial use. Thus, the present request is for strictly residential use. Mr. Kilday stated that the multi-family zoning has been designated on the property since 1989. He has thoroughly re- viewed all documentation which was sent to the State and the assumption was that a density of a maximum of 12 units to the acre was the potential for this parcel, and that such residential development would represent half of the traffic impact that the Transitional land use designation would allow on the site. Mr. Kilday concluded his presentation with a video and aerial photographs showing the variety of land uses in the area. He noted that the Delray Medical Center and hospital complex have a sizeable amount of employees who need housing which is one -22- 11/15/94 'reason why this particular property was selected for the proposed development. The following expert witnesses gave testimony in sup- port of the rezoning: (5) Mr. Michael Slay, Appraiser with Calloway and Price, addressed the effects a rental development would have on residential communities within the area. He concluded his pre- sentation by emphasizing that in his professional opinion, the proposed development would not adversely impact the property values of surrounding and nearby residential communities. (6) Mr. Robert Rennebaum, Traffic Engi- neer/Vice-President with Simmons and White, reported that the development proposal complies with the Palm Beach County Traffic Performance Standards. However, new development generates new traffic. In order to minimize the impact, a number of improve- ments are planned. For example, the intersection at Linton Boulevard and Military Trail is presently under construction; the intersection at Clint Moore Road and Military Trail presenting under construction; the intersection of Clint Moore is under design to be expanded. No building permits for the proposed development will be issued until these road improvements are complete. Also to be considered is the six-laning of Military Trail which is scheduled by the County for FY 96/97. (7) Speaking from the public in support of the propos- al was Mr. Euqene Find, 2136 N.W. 62nd Drive (Broken Sound), Boca Raton, who stated that his single family property is in full view of a project much the same as what is being proposed for the Taheri property and he feels it is quite compatible as well as aesthetically pleasing. The following individuals spoke in opposition: (8) Mr. Dan Bernheim, Jr., 4198 Live Oak Boulevard, President of the Del-Aire Country Club, voiced his community's opposition to the development proposal. Traffic congestion and the change in density are major concerns. He does not feel that a density of 12 units per acre will be compatible with neighbor- ing residential communities. (9) Mr. Jay Felner, 4773 Fern Drive, stated that he has successfully developed many building projects, including multiple family projects, in Delray Beach. He noted that he has served two 2-year terms on the City's Planning and Zoning Board and has also served on the Construction Industry Licensing Board for Palm Beach County. Mr. Felner stated that he is not opposed to rezoning the property, but is opposed to a density of 12 units to the acrew which he feels is too high. (10) Ms. Helen Coopersmith, representing Progressive Residents of Delray (PROD), who stated that as a former member of -23- 11/15/94 'the City's Comprehensive Land Use Committee and the Planning and Zoning Board, she has addressed issues regarding the future planning of the City. She pointed out that as the City grows, issues which were once thought to be best for the City are no longer applicable. Ms. Coopersmith suggested that Dr. Taheri compromise by a redesign of the units on the site, placing more units out toward Military Trail and less units nearer to the Blood property. Then, when the Blood property comes in, they would be asked to site more units out toward Linton Boulevard and build less units toward the rear of their property. (11) Mr. Bob Benz, Landscape Architect/Land Planner with Land Design South, representing the Del-Aire Property Owners Association, gave a lengthy presentation in regard to the compat- ibility with the surrounding land uses and presented an overview of the adjacent properties. (12) Mr. Ed Giuliano, developer of Foxe Chase and other prestigious developments in Boca Raton, was not opposed to the development as proposed but felt the location was inappropriate. He was adamantly opposed to the density at this particular loca- tion and pointed out that the property had been bulldozed without regard to saving trees, etc. (13) Mr. Steve Freedman, Eel Aire resident, reported that his community had never been contacted by the developer nor was the Country Lakes subdivision even though the attorney repre- senting the petitioner indicated at the Planning and Zoning Board hearing that all the surrounding communities had been contacted. He stated that the entrances to several residential developments along Military Trail will be adversely affected by this proposal due to increased traffic. (14) Mr. Bernard Richman, Eel Aire resident, pointed out that members of the Planning and Zoning Board stated that they would accept a density of a maximum of 8 units per acre; whereas, other members stated that they would accept only 5 units. He expressed concern regarding additional traffic along Military Trail which will be generated by this proposal. He pointed out that the Eel Aire residents oftentimes have a ten minute wait before they are able to exit the subdivision onto Military Trail during peak hours. (15) Michael Weiner, Esquire, representing Mr. Saul Weinberger and the Del-Aire Property Owners Association, stated for the record that he objects to the quasi-judicial proceeding as conducted by the City of Delray Beach on the basis that the proceedings do not meet the laws of the Supreme Court. Mr. Weiner concluded his evidence and closing statement. The public hearing was closed. Discussion by the Commission ensued. -24- 11/15/94 Dr. Alperin stated that the issue before the Commission is not whether the property will be rental or the nature of the site plan design. The only issue is whether or not this zoning change is appropriate for the City. He felt that the most impor- tant requirement for the rezoning is that it is harmonious with the rest of the community. He felt that the petitioners had been unsuccessful in proving this point and that their arguments were inadequate. He stated that he did not feel the density suffix was an issue because a suffix is not what the petitioner had asked for. The petitioner had asked for RM zoning, which covers the full range of from six to twelve units per acre. Dr. Alperin stated that he could not support the proposal. Mayor Lynch stated that during the mid-1980's, the Land Use Advisory Committee evaluated the future use of land within the City and determined a blueprint to accomplish these goals. In 1989, the Comprehensive Plan was adopted which basically set up this blueprint. The subject property was shown on the future land use map as medium density residential with a potential of up to 12 units per acre. When the issue of the school site was being discussed, the owner asked for consideration in the form of commercial zoning on a portion of the property. At that time many residents of Del-Aire came out and opposed the commercial. During the voluntary annexation of this property, a compromise was reached for Transitional land use which does allow medium density residential at 12 units per acre and also the ability to consider offices and commercial. The City gave the property owner land use rights with the annexation and those rights must be honored. If the City did not want to see this type of devel- opment on the property, then we shouldn't have annexed it or given it a land use designation under which the use is allowed. Commissioners Randolph and Ellingsworth supported the recommendation of the Planning and Zoning Board as they felt a density of 8 units per acre was satisfactory for the area. For the record, the City Attorney referred to the extensive staff report which sets forth certain findings as required by Section 3.1.1 of the Land Development Regulations. She reminded the Commission that prior to taking any action to either approve or deny any development application, the Commis- sion must make findings in consideration of the consistency of the application with respect to the Future Land Use Map, concur- rency, overall consistencies, and with respect to rezonings, consideration of LDR Section 2.4.5(D) (5). At this point, the City Attorney inquired of the peti- tioner if they would be willing to consider accepting a density suffix to the RM zoning classification. Mr. Kilday responded that should the Commission adopt the RM-8, the petitioner would not submit a site plan as this density would be too low to develop the contemplated apartment complex. In regard to accepting the application of a density -25- 11/15/94 suffix other than the 12 units, he would have to take this matter into consideration with his client. Dr. Alperin moved to deny the rezoning request of the Taheri property to RM (Medium Density Residential) District, based on a lack of proof as to compatibility of a density of 12 units per acre with properties in the surrounding area. Mr. Ellingsworth seconded the motion. Prior to the vote, Mayor Lynch, Mrs. Smith and Mr. Randolph stated that they could not support the motion. Mr. Ellingsworth withdrew his second to the motion, and the motion died for lack of a second. Mr. Randolph moved to approve Ordinance No. 87-94 on Second and FINAL Reading with a density suffix of RM-10 (Medium Density Residential - 10 units per acre), based on the finding that a density of 10 units per acre for the development proposal will be harmonious and compatible with surrounding and adjacent properties. Mayor Lynch passed the gavel to Vice-Mayor Alperin and seconded the motion. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mr. Lynch - Yes; Mrs. Smith - Yes; Vice-Mayor Alperin - No; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 10.D. ORDINAI~CE NO. 89-94: An ordinance annexing Lot 19, Delray Beach Estates, establishing initial zoning of GC (General Commercial) District, and providing for a small scale land use plan amendment to affix an official City land use designation of General Commercial. The subject property is located at 2706 North Federal Highway and contains 1.09 acres. 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 at this time. The City Manager presented Ordinance No. 89-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOT 19 OF DELRAY BEACH ESTATES LOCATED AT 2706 NORTH FEDERAL HIGHWAY, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; 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 GC (GENERAL COMMERCIAL DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -26- 11/15/94 (Copy of Ordinance No. 89-94 is on file in the official Ordinance Book) Assistant City Attorney Tolces read the caption of the ordinance. A public hearing was held having been legally adver- tised 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. Dr. Alperin moved for adoption of Ordinance No. 89-94 on Second and FINAL Reading, seconded by Mrs. Smith. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 - 0 to vote. 10.E. ORDINANCE NO. 86-94: An ordinance rezoning CRA-owned property located on the south side of West Atlantic Avenue be- tween S.W. 1st and 2nd Avenues (Kwik Stop and Discount Auto Parts), from CF (Community Facilities) District to GC (General Commercial) District. 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 at this time. The City Manager presented Ordinance No. 86-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN S.W. 1ST AVENUE AND S.W. 2ND AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 86-94 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally adver- tised 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. Ellingworth moved for the adoption of Ordinance No. 86-94 on Second and FINAL Reading, 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. 10.F. ORDINANCE NO. 85-94: An ordinance rezoning the St. Paul A.M.E. Church property located on the east and west sides of -27- 11/15/94 N.W. 5th Avenue, between N.W. 1st and 2nd Streets, from GC (Gen- eral Commercial) District to CF (Community Facilities) District. Planning and Zoning Board recommends approval. Prior to consider- ation of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled at this time. The City Manager presented Ordinance No. 85-94: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE EAST AND WEST SIDES OF N.W. 5TH AVENUE, BETWEEN N.W. 1ST STREET AND NW. 2ND STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 85-94 is on file in the official Ordinance Book) The Assistant City Attorney read the caption of the ordinance. A public hearing was held having been legally adver- tised 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. 85-94 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes; Mr. Ellingsworth - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries: There were no prior comments or inquiries from the public. ll.B. From the Public: 11.B.1. Jean Beer reported that miscellaneous debris such as roofing material, a truck and dumpster have been placed on a residential lot in Tropic Isles. After placing a call to Code Enforcement, Ms. Beer was informed that a building permit had been issued. She pointed out that there is currently no con- struction being conducted on the site and expressed concerned that these items were being allowed to remain on the property. She felt that these items were not necessary for building on a vacant lot and thought that perhaps the builder was storing these -28- 11/ 5/94 · materials until they are needed for construction. Ms. Beer felt that some sort of restrictions should be placed upon the issuance of building permits against the storage of building materials, particularly on vacant lots in residential areas. Mayor Lynch concurred with Ms. Beer's comments. He pointed out that a similar situation exists at the north end of Ocean Boulevard and that it has taken approximately three years to complete the construction of several homes in this area. 13. Comments and Inquiries on Non-Agenda Items. 13.A. Commission 13.A.1. Mayor Lynch reported that he had received a request from Treasure Coast Regional Planning Council for Commission support of AMTRAK passenger service along the Florida East Coast Railway corridor. The City Manager advised that the Commission had adopted a resolution in support of this concept at the last regular meeting on November 1, 1994. Mayor Lynch stated that during the year 1996, Israel will be celebrating three thousand years since King David first named Israel's capital. The Consulate General of Israel has requested that the City of Delray Beach consider honoring Isra- el's celebration by proclaiming a special name for a street in the City. The Mayor provided information on this matter to the City Manager. In response to Mayor Lynch's inquiry regarding a survey on Prevailing Prejudice and Hate Crimes, the City Manager advised that the Police Department will be taking care of the matter. Mayor Lynch stated that he had received a newspaper article which notes that Harry Smith, a former public relations individual with IBM, is now employed with a consulting firm that desires to do business with the City. He requested that the City Manager distribute the article among City staff. Mayor Lynch's made reference to Mr. Tom Haenlon's criticism of the condition of trees along North Federal Highway and asked if the City was at fault. The City Manager responded that the majority of trees were being destroyed because of individuals opening their car doors and the fact that guard rails were not placed around the trees for protection against weed eaters. He emphasized that the landscaping strips are very narrow, thus contributing to the poor condition of the trees. Mayor Lynch commented that perhaps staff should have reacted when the situation was first brought to our attention by Mr. Haenlon, and that in the future he hoped we would take a more pro-active position. -29- 11/15/94 13.A.1. Mrs. Smith stated that she has received several tele- phone inquiries regarding traffic congestion at the intersection of Linton Boulevard and Military Trail. Although this area is under the County's jurisdiction, Mrs. Smith asked if the City could offer police assistance to help handle the flow of traffic. The City Manager advised that he would check into the matter. Mrs. Smith congratulated Matt Gracey and the Delray Tennis Patrons on receiving the "Member Organization of the Year" award from the United States Tennis Association. She felt that this is good example of the community's effort of extending a lot of time toward the City's young people. 13.B. The City Attorney did not have any comments or inqui- ries. 13.C. City Manager: The City Manager noted that the "Adopt-A-Highway" program, which addresses the maintenance of highways in the State, will be placed on the Commission's January workshop agen- da. In response to Mr. Randolph's inquiry relative to water puddling on N.W. 7th Avenue at the end of the alley, the contrac- tor will be at the site on Friday and will flatten out the high spots for better drainage. In regard to the overgrowth along the F.E.C. Railroad, the City Manager stated that F.D.O.T. is responsible for the maintenance. He explained that the mowing begins at the north end of the State and continues to the south end and then the process is repeated. The City Manager noted that at the end of October the City had complained of the overgrowth, as did the City of Boca Raton, and that he anticipated all the right-of-way maintenance should be complete by the end of November. The City Manager pointed out, however, that there is very little flexibil- ity in F.D.O.T.'s routine. There being no further business, Mayor Lynch declared the meeting adjourned at 10:15 P.M. CityZClerk- ~ ! ATTEST: -30- 11/15/94 The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of November 15, 1994 which minutDs were formally approved and adopted by the City Commission on /99 · City ~lerk ~ NOTE TO READER: If the minutes that you have received are not completed as indi- cated above, then this means that these are not the official minutes of the City Commission. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions or deletions to the minutes as set forth above. -3z- 1 /15/94