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04-30-91SpMtg APRIL 30, 1991 A Special 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 6:05 P.M., Tuesday, April 30, 1991. Roll call showed: Present - Commissioner Jay Alperin Commissioner William Andrews (Arrived at 6:12 P.M.) Commissioner Armand Mouw Commissioner David Randolph Mayor Thomas E. Lynch Absent - None Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz Mayor Lynch called the meeting to order and announced this meeting has been called for the purpose of considering the following: 1. Public Hearing Regarding Transmittal of Comprehensive Plan Amendment 91-1 to the Department of Community Affairs. Mr. Kovacs, Planning Director, stated the action tonight is one of transmittal, not approval, but should be taken seriously, as the City does not want to send items to the State to undergo further review if there is no intent to enact them. The review being done today was dictated, in part, by the Comprehensive Plan, which states that every year the City shall give an extensive review of the goals and policies of the plan and provide an assessment of what has been done. The Capital Improvement Budget should also be looked at to determine if there are significant changes that should be made. A Special Meeting was held on January 28, 1991, to allow citizen comment. Mr. Kovacs stated the first part of the documentation deals with the Summary of Future Land Use Map Amendments and Rezonings. There are two changes that need to be made on the Chart; one is the Delray Town Center, Phase II, which was initiated by the property owner. The second change is the OSSHAD item, wherein the Planning and Zoning Board adopted the staff recommendation of Mixed Use land designation instead of Transitional. At this time Commissioner Andrews arrived. 1.1. Spence Property. The Commission is to consider recommending a future Land Use change for a 14.23 acre parcel on County property. Mr. Kovacs stated this property is located in the County. The City's Land Use Plan shows designations on County land, allowing the City to annex without going through a Plan Amendment. The property owner objected to being annexed into the City as Residential, so this was deleted from the annexation and the owner was informed that this would be addressed as a Plan Amendment. The property owner desires a Commercial designation. In order to develop this property, the owner must be annexed into the City; therefore, the City's plan will eventu- ally rule. 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. Edward O'Cleary, representing Mrs. Spence, the owner, stated this property has been zoned Commercial in the County for the past ten years. Mrs. Spence is quite willing to be annexed into the City, but she is opposed to the downzoning of the property to a lesser value and a lesser use. The public hearing was closed. Mr. Andrews moved to retain the Medium Density Residential designation, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No. Said motion passed with a 4 to 1 vote. 1.2. Del-Aire Golf Course. The Commission is to consider a City- initiated request for a Land Use designation from Recreation & Open Space to Low Density Residential. 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. The Commission concurred to support the P&Z recommendation to retain the Open Space. 1.3. Lakeview Golf Course. The Commission is to consider recom- mending a proposed Land Use change from Recreation and Open Space to Low Density Residential for a 41.34 acre parcel, presently known as the Lakeview Golf Course. 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. George Anderson, 3564 Lakeview Drive, spoke in favor of chang- ing the Land Use Map from the current designation of Open Space to agree with the Residential zoning. Larry Smith, representing the organization of Lakeview Neigh- bors for Open Space, stated he would like to hold his remarks until after Stan Redick, a professional Planning Consultant, speaks to the Commission. Stan Redick, stated when individuals began purchasing lots it was assumed that the golf course was a part of the plat. Today, there -2- 4/30/91 would be safeguards to ensure that the lots were protected and proce- dures established to remove the golf course at some future date. However, at that time, this was not the case. One part of the Compre- hensive Plan is to provide such safeguards for individuals. He ques- tioned if this golf course, or other courses, are removed from the open space requirement, whether the City can then meet the requirements that have been established as a level of service for Open Space within the City. It is his opinion that, if this is changed to a Residential classification, a non-conforming use is being created in this golf course. He feels it is inappropriate and should be more thoroughly considered before going in that direction at this time. Mr. Smith stated that he feels the decision made in 1989 to designate golf courses as Open Space was not a mistake but, for the City to now consider changing that decision with no reason other than the fact that it is owned by a few people is not sufficient justification. He suggested the City keep this as Open Space and reconsider the issue of the zoning to make it consistent with the Comprehensive Plan designa- tion. Jim Goggin, 3727 Arelia Drive, presented 113 letters to the Commission in addition to reading a petition that contained 130 sig- natures, urging the City Commission to deny the change of 91-065 to the Comprehensive Plan regarding the Lakeview Golf Course and to rezone the property "Open Space" to keep it in line with the Plan. The following persons spoke in opposition to the Land Use change: Eugenia Malfitano, Jennifer Kruman, Larry Crawford, Chet Heldman, Karen Kiselewski, Dave Kurten, J. P. Martel, David Rich, Brian Lincoln and Norman Manzo. Paul Golis, 3570 Lakeview Drive, spoke in favor of the Land Use change. David Schmidt, representing the owners of the Golf Course, stated he feels a mistake was made when the City adopted the Comprehen- sive Plan with regard to the Open Space. The P&Z Board was presented with information that stated the golf course was part of the Lakeview Townhomes and an amenity. This was incorrect. His clients have no plans to develop the property at this time. He feels the Commission should act in accordance with action taken last year by following the recommendation of the P&Z Board and change the Land Use designation to Low Residential. Steve Rubin, Vice-President of the Shadywoods Homeowners Association, spoke in opposition to the change. He feels the Comprehen- sive Plan is as valid as it was one year ago when it was adopted by the State of Florida. The public hearing was closed. Dr. Alperin questioned if there is a potential solution in a compromise. Mr. Kovacs stated he feels the plans should not reflect one thing and then allow the development of something else. -3- 4/30/91 Dr. Alperin moved to maintain the Land Use as Recreation and Open Space with direction for staff to look for a potential compromise to solve the Zoning and Land Use conflict, seconded by Mr. Mouw. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - No; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 3 to 2 vote. 1.4. Delray Town Center Phase II. The Commission is to consider recommending a change in the Land Use Amendment designation from Transi- tional to General Commercial and Recreation & Open Space. This change was initiated by the City. Mr. Mouw questioned how much of the ten acres will become open space. Mayor Lynch requested the restriction regarding the night use and the operation of the businesses be included to protect the surround- ing neighborhood. Mr. Mouw also commented that he had been told that promises were made previously with regard to landscaping on the back side of the wall and that has never been done. Mr. Kovacs stated he would review the site plan and supply the information to the Commission later in the evening. 1.5. Levy. The Commission is to consider recommending a change in the Land Use designation from Transitional to General Commercial. 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. Roger Saberson, representing the owner, stated they are hoping to compromise in regard to how far east they could locate the Commercial property. The owner stopped the application along the west side of Frederick Boulevard in the hope that he could be permitted some reason- able use of the property located close to Federal Highway and yet leave a reasonable residential buffer to protect the residential property in Tropic Bay. The P&Z Board approved the request for a General Commercial Land Use designation and General Commercial Zoning, with a 6 to 1 vote. Richard Schanz, Harry Reagan, Bob French, Lorraine Kasper and Marion MacLeod spoke in opposition to the change from Transitional to General Commercial. Mr. Saberson reminded the residents in Tropic Bay that the way the property is presently zoned places it in an untenable position from the standpoint of getting any use. The public hearing was closed. Mr. Andrews moved to retain this as transitional, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - No; Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote. At this point Mr. Kovacs announced the Commission can now return to the Delray Town Center item. -4- 4/30/91 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. (Mayor Lynch stated he neglected to do this earlier, but anyone wishing to make a comment can do so at this time.) The public hearing was closed. The Commission concurred to leave the Transitional designation as is. 1.6. Old Harbor Office Centre. The Commission is to consider recommending a change in the Land Use designation from General Com- mercial to Transitional. The Commission concurred to leave this as a General Commercial designation. 1.7. Marina Caye. The Commission is to consider recommending a change in the Land Use designation from Large Scale Mixed Use (Medium Density Residential) to Large Scale Mixed Use (Medium Density Residen- tial and General Commercial [2 acres]). The Commission concurred to leave this as is. 1.8. Krause. The Commission is to consider recommending a change in the Land Use designation from Medium Density Residential and Transi- tional to Transitional or General Commercial. The Commission concurred to leave this as is. 1.9. Gwynn. The Commission is to consider recommending a change in the Land Use designation from Medium Density Residential to Transi- tional. 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. John Gwynn stated at the time the property was purchased, it was in a County pocket and zoned Commercial. He is requesting the change in order that this parcel might conform to the adjacent commer- cial properties. The public hearing was closed. Mr. Mouw moved to approve the Gwynn application from Medium Density Residential to Transitional, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. 1.10. Fire Station #1. The Commission is to consider recommending a change in the Land Use designation from Redevelopment Area #1 to Com- munity Facilities "P" (Public Buildings). -5- 4/30/91 The Commission concurred in allowing the change. 1.11. Del-Ida Park and Dell Park. The Commission is to consider recommending a change in the Land Use designation from Low Density Residential to Transitional. The Commission concurred to allow the change. 1.12. OSSHAD. The Commission is to consider recommending a change in the Land Use designation from Various to Mixed Use. The Commission concurred in changing the designation to Mixed Use. 1.13. 1-95 Conservation Parcel (Vau~hn). The Commission is to consider recommending a change in the Land Use designation from Recrea- tion & Open Space "C" (Conservation) to Recreation & Open Space. The Commission concurred to the change from Recreation & Open Space "C" to Recreation & Open Space. 1.14. 1-95 Conservation Parcel (Palm Beach county). The Commission is to consider recommending a change in the Land Use designation from Recreation & Open Space "C" (Conservation) to Recreation & Open Space. Mr. Mouw moved for approval of all those items not individually voted on, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mr. Kovacs stated there are three components to this; one is the Goals, Objectives and Policies with an audit of what has been done, including items completed. Some items were never started so performance dates were skipped. There were some items that were addressed and then recommended that the policy be dropped, one being public maintenance of private beaches. He then called attention to and detailed the following changes: Page I-3 Streets Page I-5 CF - Everything except Conservation and Large Scale Mixed Use Page 1-6 Other Mixed Use Categories Page I-7 Table of Palm Beach County Traffic Standards Page II-5.1 Areas needing redevelopment strategies Page III-l&2 Changes to Capital Improvement Plan (Should not be there) Page III-3 No change in the dollar amounts Page III-5 Do not delete Public Parks and Leisure Services Page III-6 Deleted the words "at City Hall" and there is a typographical error in the amount. -6- 4/30/91 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, Plorida. The public hearing was closed. Dr. Alperin moved for approval, as amended, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 2. Request for Continuance of an Appeal. The Commission is to 6'onsider a request for continuance of an appeal of a P&Z Board determi- nation of Similarity of Use to allow a commercial boat dock as a condi- tional use in the Central Business Zoning District. Dr. Alperin moved to continue an appeal of the P&Z Board Determination of Similarity of Use to May 7, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 1 vote. 3. Ordinance No. 7-91. Ordinance No. 7-91, annexing to the City of Delray Beach land lying and being in Section 14, Township 46 South, Range 42 East, Palm Beach County, Florida, effective March 1, 1991, is before the Commission for consideration on Second and FINAL Reading. Public Hearing was held February 12, 1991. This annexation is commonly referred to as the West Atlantic Avenue Annexation #3. Public Hearing was held February 12, 1991. The City Manager presented Ordinance No. 7-91: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LAND LYING AND BEING IN SECTION 14, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF MILITARY TRAIL AND ATLANTIC AVENUE; 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 PC (PLANNED COMMERCIAL) DISTRICT, IN PART, AND POC (PLANNED OFFICE CENTER) DISTRICT, IN PART; AND GC (GENERAL COMMERCIAL) DISTRICT IN PART; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-91 is on file in the official Ordi- nance Book) The City Attorney stated that Parcel 501 and all of its sub parcels is the area controlled by Mutual of New York, who is objecting to being annexed voluntarily. The Commission has the option of annexing the entire parcel, subject to challenge by the owner, because the City -7- 4/30/91 has no agreement at this time for their voluntary annexation. Tomorrow is the deadline for these annexations to be submitted to the Property Appraiser's Office in order for the City to collect taxes for the upcoming year. The second option is for the City to take the properties south of Atlantic that are willing to be annexed and amend the ordinance to that effect. The only other possibility is to forget about the entire area and try to annex it next year. Upon question by Mayor Lynch, the City Attorney stated, should the annexation be contested by the owner, it is likely that the annexa- tion will fail. Mr. Mouw recommended that only the south side be annexed. The City Attorney and the City Manager expressed agreement with this recom- mendation. Mr. Mouw moved to take in the south side and set a date cer- tain, of perhaps November 1st, by which time, if a deal has not been negotiated for the following year, that the water and sewer be cut off on the western building, thereby allowing the City time to negotiate, sign ordinances and all kinds of other issues that they want to raise, seconded by Mr. Andrews. Upon roll call the Commission voted as fol- lows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Lynch expressed a concern that it would be a year before it was annexed and questioned what it means if the City loses a year. The City Manager stated, based on the analysis, the Utility Tax and Franchise Fees would be sufficient to pay the cost of serving it. At this time the roll was called to the motion. 4. Ratification of Appointments of Nominees to Kids and Cops Committee. The Commission is to consider ratification of appointments of nominees from the Ministerial Association and Plumosa Elementary School to the Kids and Cops Committee. The City Manager suggested that the Commission select persons and be prepared to present them at the next meeting. Mayor Lynch requested that staff contact these applicants and give them an oppor- tunity to participate. 5. Selection of a Nominee. The Commission is to consider the selection of a nominee to serve as the Palm Beach County Municipal League's representative to the Affordable Housing Commission. Dr. Alperin nominated Lula Butler or Dorothy Ellington to serve as the representative, seconded by Mr. Andrews. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0 vote. -8- 4/30/91 6. Length of Term for the Ad-Hoc Advisory Committee. The Commis- sion is to consider a length of term for the Ad-Hoc Advisory Committee to the South Central Regional Wastewater Treatment and Disposal Board. Mr. Mouw moved to appoint the Ad-Hoc Advisory Committee to the South Central Regional Wastewater Treatment and Disposal Board to a term~ of two years. Upon roll call the Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 7. Emergency Bid Award - Manhole Replacement. The Commission is to consider the award of an emergency bid for manhole replacement. 7.A. Lakeview Drive - D.S. Eakins Construction Corporation in an amount not to exceed $15,920.50 with funding from Repair and Replacement Sanitation - Sewer Manholes/Capital Building (Account No. 447-5169-536-60.31). Account balance $300,000. 7.B. North Drive and High Point Boulevard East - D.S. Eakins Con- struction Corporation in an amount not to exceed $16,307.50 with funding from Repair and Replacement Sanitation - Sewer Manholes/Capital Building (Account No. 447-5169-536-60.31). Account balance $300,000. Mr. Mouw moved for approval, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0 vote. 8. Commission comments. 8.a. Mayor Lynch announced that Tri Rail is going to close down as of May 2, 1991. 8.b. Mayor Lynch stated he is aware of cost estimates being done on 10th Street and questioned if the City is going to install these new pipes and, subsequently, with the four-laning of 10th Street, return and dig them up. The City Manager stated the pipes have been laid outside the roadway, but he was not sure they were outside the four-lane por- tion. 8.c. Mr. Andrews complimented Nancy King on the handling of the visit of the delegates from Miyazu, Japan. 8.d. The City Manager commented that an administrative policy was put in effect this week regarding the way the City administers the pay plan. Formerly, if there was a reclassification or promotion and employees were moved up two or more grades, they were entitled to a 10% pay increase. The policy change allows the promoted person to have the lesser of 5% and, following the pay grade which allows a 10% increase or more, they will not be eligible for a merit increase for a one year period after they have been promoted. Mayor Lynch declared the meeting adjourned at 10:00 P.M. -9- 4/30/91 -- ' City~ C ~r'k' ! ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Commission of April 30, 1991, which minutes were formally approved and adopted by the City Commission on ~/~_~ /~, /~l · - Jcity-C~k - ; NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of 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. -10- 4/30/91