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03-07-00MARCH 7, 2000 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, March 7, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner David $chmidt Commissioner Bill Schwartz Mayor Jay Alperin Absent - Commissioner David Randolph Also present were - Acting City Manager Robert A. Barcinski City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Nancy Norman, Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. Hayor Alperin noted the addition of Item 8.AA., Ratification of Collective Bargaining Agreement & Memorandum of Understanding/Professional Fire Fighters of Delray Beach, to the Consent Agenda, by addendum. Also, the minutes of the Regular Meeting of January 4, 2000 were added under Item 5 for approval. Mayor Alperin further noted that a request for continuance had been received from the applicant's agent with respect to Item 9.B., Conditional Use Modification for Creations of Delray Beach. The City Attorney stated that substitute agreements containing minor revisions had been distributed for Item 8.I., Hold Harmless Agreement/Espinoza and Item 8.J., Hold Harmless Agreement/Zabala, on the Consent Agenda. Hr. Schmidt moved to approve the Agenda as amended, seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes: Regular Meeting of January 4, 2000. Mr. Schmidt moved to approve the Minutes of the Regu- lar Meeting of January 4, 2000, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Abstain; Mayor A1perin - Yes; Mr. Schmidt - Yes. Said motion passed with a 3 to 0 vote. Hr. Schwartz abstained from the vote inasmuch as he was not yet a City Commissioner at that meeting. Proclamations: None Presentations: 7.a. Chatelaine Homeowners Association in appreciation of Neighborhood Enhancement Grant. Jayne King, President of the Chatelaine Homeowners Association, expressed her appreciation to the City Commission on behalf of the residents of Chatelaine for the Neighborhood Enhancement Grant received by their community. The majority of the funding was used to enhance the Chatelaine entryway off of Lake Ida Road, including new signage and landscaping. With the assistance of Ron Hoggard, Ms. King gave a powerpoint presenta- tion illustrating the various improvements accomplished as a result of the grant. CONSENT AGENDA: City Manager recommends approval. 8.a. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2000-1: Formally initiate Comprehensive Plan Amendment 2000-1 pursuant to Section 9.2.1 of the Land Development Regulations. 8.B. FINAL PLAT APPROVAL/TOWN SQUARE: Approve the final subdivision plat for Town Square, a proposed mixed use project to consist of 22 townhouse units and a 4-story office building. The subject property is located on the south side of N.E. 1st Street between N.E. 5th Avenue (southbound Federal Highway) and N.E. 6th Avenue (northbound Federal Highway). 8.C. FINAL PLAT APPROVAL/ATLANTIC AVENUE OFFICE PLAZA: Approve the final plat for Atlantic Avenue Office Plaza, a proposed one story office development to be located on the north side of West Atlantic Avenue, just west of Coral Trace Boulevard. 8.m. REVISED CROSS ACCESS EASEMENT AGREEMENT/TOWERS CENTER COMMERCIAL PLAZA: Accept a revised Cross Access Easement Agree- ment associated with the Towers Center commercial plaza to establish a perpetual nonexclusive cross access and parking, ingress, egress and utility easement over and across the Towers -2- 3/07/00 Center, Mayfair Plaza and Portofino Square commercial centers located on the east side of S.E. 6th Avenue (northbound Federal Highway), between S.E. 10th and 8th Streets. 8.E. ACCEPTANCE OF RIGHT-OF-WAY DEED/SEXTON PROPERTY (416 S.E. 5TH STREET): Accept a right-of-way deed conveying to the City a 62.48 sq.ft, parcel of land in Lot 1, Block 3, Osceola Park, to provide for dedication of a safe corner at the south- west intersection of S.E. 5th Street and S.E. 5th Avenue (south- bound Federal Highway) associated with the redevelopment of the Sexton property at 416 S.E. 5th Street. 8.F. WAIVER OF REQUIREMENT FOR SURVEYS ASSOCIATED WITH CITYWIDE ALLEY ABANDONMENT PROJECT: Approve a waiver of the requirement to submit surveys associated with the Citywide alley abandonment project, based upon positive findings with respect to LDR Section 2.4.7(B) (5). 8.G. LEASE AGREEMENT WITH FLORIDA INLAND NAVIGATION DIS- TRICT FOR PARCEL MSA 650: Approve a lease agreement with the Florida Inland Navigation District (F.I.N.D.) for the lease of Parcel MSA 650 which is located on the west side of the Intra- coastal Waterway, just south of Knowles Park between Delray Harbor Club and Harbourside. 8.H. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/SHARING OF GEOGRAPHICAL DATA: Approve an interlocal agreement between the City and Palm Beach County for the sharing of geographical and land information. There is no cost to the City. 8.I. HOLD HARMLESS AGREEMENT/ESPINOZA: Approve a hold harmless agreement with Mr. and Mrs. Espinoza to allow them to construct a security fence within the public right-of-way while indemnifying the City from any suits or claims relating to the maintenance of the public right-of-way, and to repair the fence at their own cost. (AS AMENDED) 8.J. HOLD HARMLESS AGREEMENT/ZABALA: Approve a hold harm- less agreement with Mr. Zabala to allow him to construct a security fence within the public right-of-way while indemnifying the City from any suits or claims relating to the maintenance of the public right-of-way, and to repair the fence at his own cost. (AS A/~ENDED) 8.K. EMS MATCHING GRANT APPLICATION/INTRAVENOUS INFUSION PUMPS FOR ADVANCED LIFE SUPPORT (ALS) TRANSPORT VEHICLES: Authorize submitting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $20,700 to assist with the purchase of six Intravenous Infusion Pumps to be placed on ALS transport vehicles. The total project cost is $27,600 with the City's share of $6,900 to 3 3/07/00 be funded from 115-2311-522-64.90 (Special Projects - Paramedic Fund) . 8.L. EMS MATCHING GRANT APPLICATION/EKG HONI- TOR/DEFIBRILLATORS FOR FIRE SUPPRESSION VEHICLES IN WESTERN PART OF THE CITY: Authorize submitting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $27,000 for the purchase of two 12-Lead EKG Monitor/Defibrillators to be placed on Fire Suppression vehicles located in the western part of the City. The total project cost is $36,000 with the City's share of $9,000 to be funded from 115-2311-522-64.90 (Special Projects - Paramedic Fund). 8.M. EMS MATCHING GRANT APPLICATION/AUTOMATIC EXTERNAL DEFIBRILLATORS FOR POLICE DEPARTMENT VEHICLES: Authorize submitting an application to the Florida Department of Health, EMS Matching Grant Program, for grant funding in the amount of $117,900 for the purchase of fifty (50) Automatic External Defibrillators (AEDs) to be placed in Police Department vehi- cles. The total project cost is $157,200 with the City's share at $39,300. If the grant is approved, the City's share will be funded through mid-year budget adjustment. 8.N. SERVICE AUTHORIZATION #99-003/KIMLEY-HORN ASSOCIATES (SE/SW AREA INFRASTRUCTURE IMPROVEMENTS): Approve Service Authorization ~99-003 in the amount of $196,684.00 with Kimley- Horn Associates, Inc. for preliminary and final design services related to the Southeast/Southwest Area Improvements project, with funding from 370-3162-541-65.45 (2000 Roadway Bond - SE/SW Area - Atlantic Avenue to South 10th Street). 8.0. SERVICE AUTHORIZATION #99-02/LAWSON, NOBLE & WEBB (SOUTHRIDGE/SUNSET/ALBATROSS IMPROVEMENTS): Approve Service Authorization #99-02 in the amount of $102,667.42 with Lawson, Noble & Webb, Inc. for preliminary and final design services associated with the infrastructure improvement projects in the Southridge area, Albatross Road/Lindell Boulevard area, and a portion of Frederick Boulevard, with funding from 370-3162-541- 65.46 (2000 Roadway Bond Program - Southridge/ Sunset/Albatross Improvements). 8.9. SERVICE AUTHORIZATION #99-01/SCHORAH & ASSOCIATES (NORTHWEST AREA INFRASTRUCTURE IMPROVEMENTS): Approve Service Authorization #99-01 in the amount of $147,042.00 with Michael B. Schorah & Associates, Inc. for preliminary and final design services related to the Northwest Area Infrastructure Improve- ments project, with funding from 370-3162-541-65.44 (2000 Road- way Bond Program - NE/NW Area Improvements). 8.Q. CLOSEOUT CHANGE ORDER #2 AND FINAL PAYMENT/ACKERBLOM -4- 3/07/00 CONTRACTING, INC. (AQUIFER STORAGE & RECOVERY FACILITIES): Approve closeout Change Order ~2 in the amount of $3,692.00 and final payment in the amount of $11,571.97 to Ackerblom Contract- ing, Inc. for completion of the Aquifer Storage & Recovery Facilities project, with funding from 441-5181-536-69.18 (Water & Sewer Transmission - Aquifer Storage & Recovery). 8.R. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/JAM-ROCK, INC. (PINEAPPLE GROVE ENTRYWAY): Approve closeout Change Order #1 in the net deduct amount of $12,881.50 and final payment in the amount of $2,321.48 to Jam-Rock, Inc. for completion of the Pineapple Grove Entryway project, with funding from 334-6111- 519-63.90 (General Construction Fund - Pineapple Grove Entry). 8.S. FINAL PAYMENT/MASTER CONTRACTORS, INC. (KNOWLES PARK BOAT RAMP): Approve final payment in the amount of $11,036.20 to Master Contractors, Inc. for completion of the Knowles Park Boat Ramp, Restrooms and Nature Boardwalk project, with funding from 334-4179-572-63.90 (General Construction Fund - Knowles Park). 8.T. FINAL PAYMENT/ANDREA CONSTRUCTION COMPANY (WATER TREATMENT PLANT ELEVATED WALKWAY): Approve final payment in the amount of $569.70 to Andrea Construction Company, Inc. for completion of the Water Treatment Plant elevated walkway modifi- cations project, with funding from 441-5161-536-63.79 (Water Treatment Plant/Lime Building Walkways). 8.U. RESOLUTION NO. 7-00: Approve a resolution approving the Highway Beautification and Maintenance Memorandum of Agree- ment with the Florida Department of Transportation (FDOT) to provide for maintenance by the City of landscape improvements to be installed by FDOT from Linton Boulevard north to the L-30 Canal as part of the Department's 1-95 improvement project. The caption of Resolution No. 7-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE HIGHWAY BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR MAINTENANCE BY THE CITY OF DELRAY BEACH OF LANDSCAPE IMPROVEMENTS TO BE INSTALLED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION AS PART OF THE DEPARTMENT'S STATE ROAD 9 (INTERSTATE-95) IMPROVEMENT PROJECT, FROM LINTON BOULEVARD NORTH TO THE L-30 CANAL, AS MORE PARTICULARLY DESCRIBED WITHIN SAID HIGHWAY BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF AGREEMENT. 5 3/07/00 (The official copy of Resolution No. 7-00 is on file in the City Clerk's office.) 8.V. RESOLUTION NO. 18-00: Approve a resolution in support of the establishment of an annual "Florida Citizenship and Leadership Day", commencing on March 10, 2000. The caption of Resolution No. 18-00 is as follows: A RESOLUTION OF THE CITY COH~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AN ANNUAL "FLORIDA CITIZEN- SHIP AND LEADERSHIP DAY", COH~ENCING ON MARCH 10, 2000. (The official copy of Resolution No. 18-00 is on file in the City Clerk's office.) 8.W. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve two funding subsidies in the total amount of $40,250.00 for two income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 98th and 99th homeownership assistance grants provided through the program to-date. 8.X. SUBORDINATION OF MORTGAGE/COMMUNITY DEVELOPMENT BLOCK GRANT RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $8,625.00 to allow the homeowner to secure a new loan for debt consolidation. 8.Y. REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 14th through March 3, 2000. 8.Z. AWARD OF BIDS AND CONTRACTS: Contract renewal with Ritz Safety Equipment, via Palm Beach County bid, for the purchase of safety shoes at an estimated annual cost of $30,542.00, with funding from various departmen- tal operating budgets. o Contract award in an amount not to exceed $15,000 to Shenandoah Construction, via Broward County School Board contract, for the cleaning and televising of approximately 6,500 linear feet of drainage pipe at various locations throughout the City, with funding from 370-3162-541-65.44 (2000 Roadway Bond Program - NE/NW Area Atlantic to Lake Ida). -6- 3/07/00 o o o o o o Contract award in the amount of $11,400.00 to BSA Corporation to rebuild the ramps at three (3) lifeguard towers, with funding from 334-6112-519- 62.10 (General Construction Capital Outlay - Buildings). Contract renewal with HTE, Inc. for annual soft- ware maintenance on the City's financial applica- tions for the period Harch 1, 2000 to February 28, 2001, at an annual cost of $13,144.00, with funding from 001-1511-513-46.90 (Financial Admin- istration - Other Repair/Haintenance) . Purchase award in the amount of $11,601.00 to Gateway 2000, via State of Florida contract, for the purchase of three laptop computers to replace obsolete equipment in the HIS Division, with funding from 334-6112-519-64.11 (General Capital Fund - Computer Equipment). Purchase award in the amount of $27,023.10 to Fisher Scientific Company for the purchase of 45 Self Contained Breathing Apparatus (S.C.B.A.) for the Fire Department. This is the second purchase of a 3-year capital program to upgrade from 2.2 units to the smaller, lighter and less fatiguing 4.5 carbon cylinders. Funding is available from 001-2315-526-64.90 (Fire Operations - Other Hachinery/Equipment) . Purchase award in the amount of $40,845.00 to GameTime, Inc., via Florida State contract, for the purchase of Haley's Lookout playground equip- ment for Orchard View Park. The purchase in- cludes playground equipment and installation, installation of Fibar as safety cushion, play curbs around Fibar, and freight. Funding is available from 117-4178-572-63.40 (Recreational Improvements). Bid award for the purchase of liquid chlorine to Jones Chemical at an estimated annual cost of $69,090.00 and the purchase of calcium hypo- chlorite to Leslie's Swimming and Pool Supplies at an estimated annual cost of $4,449.50, via City of Boca Raton co-op bid for a total estimat- ed annual amount of $73,539.50. Funding in the amount of $69,090 will be from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals) and -7- 3/07/00 $4,449.50 from 441-5144-536-52.21 Station Haintenance - Chemicals). (W&S Lift o Bid awards in the total amount of $189,339 for replacement of City vehicles via Florida Sheriffs Association contract as specified in Attachment "B", via State of Florida contract as specified in Attachment "C", and via local bids as speci- fied in Attachment "D". Funding in the amount of $131,119 will be from 501-3312-591-64.20 (City Garage - Automotive) and $58,220 from 442-5178- 536-64.90 (W&S Renewal & Replacement - Other Machinery/Equipment). 10. Emergency contract award in the approximate amount of $53,300 to O.K. Tours, Inc. to provide bus service for the Parks and Recreation Depart- ment. The current bus company, Shortway Bus Lines, has gone out of business. O.K. Tours, Inc. has agreed to honor the prices and terms of Shortway's contract. Funding in the amount of $3,383 is available from 115-4912-572-55.30 (Football), $41,150 from 001-4106-572-44.90 (Summer Camp - Other Rental/Lease), $4,994 from 001-4105-572-44.90 (After School - Other Rental/ Lease), and $3,778 from 001-4121-572-44.90 (Ath- letics - Other Rental/Lease). 11. Approve an increase in the amount of $63,156.00 to the existing purchase order with Insituform Technologies, Inc. for emergency trenchless sanitary sewer rehabilitation, with funding from 442-5178-536-63.51 (Water & Sewer R&R - Sewer Mains). RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/PROFESSIONAL FIRE FIGHTERS OF DELRAY BEACH: Ratify and approve the Collective Bargaining Agreement and Hemorandum of Understanding between the City and the Profes- sional Fire Fighters of Delray Beach, Local 1842, IAFF for the three year period October 1, 1999 through September 30, 2002. (BY ADDENDUM) Hr. Schmidt moved to approve the Consent Agenda as amended, seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o REGULAR AGENDA: 8 3/07/00 (Note: Mr. Schmidt stepped down for the following item. Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 9.a. CONDITIONAL USE MODIFICATION/URDL'S WATERFALL CREA- TIONS: Consider a request for conditional use modification to allow the expansion of Urdl's Waterfall Creations, Inc. onto a vacant lot (1.64 acres) lying immediately west of the existing site. The subject property is located on the south side of N.W. 1st Street, approximately 430 feet west of Congress Avenue, and is zoned MIC (Mixed Industrial and Commercial) District. QUASI- JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that Urdl's Waterfall Creations has been at its existing site for numerous years and is looking to expand the business onto an adjacent vacant lot which is immediately to the west of the present site. Both properties are zoned HIC (Hixed Industrial and Commercial) District and expansion of the ornamental cast concrete/stone business requires a conditional use modification. The expanded area will include a 20 space parking lot, new storage areas and associated landscaping. The Planning and Zoning Board considered the application at a public hearing on February 28, 2000, and voted 6 to 0 to recommend approval based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) of the Land Development Regula- tions, and policies of the Comprehensive Plan, subject to the following revised conditions: (1) That a site plan be processed that is in general conformance with the sketch plan; (2) That the hedge located along the west property line be maintained at eight feet; (3) That the storage of building materials not exceed eight feet in height; (4) That the building material located on the exist- ing parking lot be removed to storage areas as indicated on the -9- 3/07/00 sketch plan, and that the parking lot be upgraded to current standards; (5) That a cross access and parking easement agree- ment be provided between the two parcels; and (6) That if the parcels are ever proposed for sepa- rate use, a conditional use modification be processed. Hayor Alperin declared the public Speaking from the audience was the following: hearing open. Bill Wilsher, agent representing Urdl's Waterfall Creations, stated that the expansion is basically to alleviate parking issues and provide additional area for storage of mer- chandise. The cross access and parking easement agreement is being worked on and the conditions of approval are acceptable to the applicant. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Hr. Schwartz moved to approve the conditional use modification for Urdl's Waterfall Creations, Inc. based upon positive findings and subject to the conditions of approval recommended by the Planning and Zoning Board. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 3 to 0 vote. Mr. Schmidt returned to the dais at this time. 9.B. CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY BEACH: Consider a request for conditional use modification to add 10,000 sq.ft, of floor area to the approved project for Creations of Delray Beach, located at the northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street within the former Winn Dixie building. The subject property is zoned CBD (Central Business District). The Planning and Zoning Board and staff recommend DENIAL. QUASI-JUDICIAL PROCEEDING Hayor Alperin stated that a letter had been received from the applicant's representative requesting a continuance of this item to the Harch 21, 2000 regular meeting. Hr. Schmidt so moved, seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. -10- 3/07/00 9.C. CONDITIONAL USE REQUEST/AUTOMOBILE PAINT, BODY AND REPAIR FACILITY FOR MAACO: Consider a request for conditional use approval to establish an automobile paint, body and repair facility for Maaco within Building #2 of the South Congress Commerce Center. The subject property is located on the east side of Congress Avenue, between Atlantic Avenue and Lake Ida Road, immediately south of Noland Plumbing, and is zoned MIC (Mixed Industrial and Commercial) District. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She reviewed the conditional use request as outlined in the staff memorandum, noting in particular that none of the bay doors will face any right-of-way. The Planning and Zoning Board considered the application at a public hearing on February 28, 2000, and voted 6 to 0 to recommend approval, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations, and policies of the Comprehensive Plan, and subject to the revised condition that a Class II site plan modification be processed that is in general conformance with the sketch plan and that no overhead doors face Congress Avenue. Bill Fenno, Sun-Tech Engineering, on behalf of the applicant, stated that the developer agrees with and accepts the recommended conditions of approval for the project. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Hrs. Archer moved to approve the conditional use request to establish an automobile paint, body and repair facility for Haaco, based upon positive findings and subject to the conditions recommended by the Planning and Zoning Board. The motion was seconded by Hr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor A1perin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.D. CONDITIONAL USE MODIFICATION/BETHEL EVANGELICAL CHURCH: Consider a request for conditional use approval to allow the expansion of Bethel Evangelical Church. The subject -11- 3/07/00 property is located at the northeast corner of S.W. 8th Avenue and S.W. 8th Street, and is zoned R-1-A (Single Family Residen- tial) District. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She presented an overview of the conditional use request, noting that the proper- ty was originally developed as an 1,800 sq.ft, church in 1965 and has been expanded several times since then. The current proposal includes the conversion of two (2) single family resi- dences to administrative and maintenance buildings, an increase in the sanctuary seating from 204 seats to 270 seats and the construction of a stabilized sod parking lot. The Planning and Zoning considered the application at a public hearing on Febru- ary 28, 2000. Three members of the public expressed concerns about vehicles parking within the adjacent rights-of-way and drug activity occurring in the unimproved lots off of S.W. 7th Avenue. The development proposal is intended to help alleviate those situations. The Planning and Zoning Board voted 6 to 0 to recommend approval of the conditional use modification request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E) (5) (Conditional Use Findings) and policies of the Comprehensive Plan, and subject to the following revised conditions: (1) That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns noted in the staff report; (2) That one tree every 25 feet be planted to form a solid tree line and that a hedge 4 feet at time of planting and maintained at 6 feet be installed along the perimeter of the property which immediately abuts residential uses; (3) That the existing stabilized sod parking areas along with the proposed stabilized sod parking area to the east of the administrative and maintenance buildings be converted to paved parking areas and that the landscape islands be curbed with "Type D" curbing; (4) That the dumpster be relocated to the rear of the administrative building; -12- 3/07/00 (5) That a unity of title be provided for the seven (7) platted lots; people; (6} That the seating capacity is limited to 270 (7) That the abandonment of the adjacent section of alleyway be approved; or if it is not approved, that the site plan and seating capacity be modified accordingly; (8) That signage be placed at the entry of the exist- ing parking lots along S.W. 8th Avenue indicating "Additional Parking Available in the Rear"; (9) That all of the parking lots have security light- ing as well as site lighting per LDR Section 4.6.8; (10) That a security gate be installed at the entrance of the proposed parking lot on S.W. 7th Avenue; and (11) That the site plan be reviewed by a City of Delray Beach Police Officer trained in CPTED (Crime Prevention Through Environmental Design) principles. At this point, the applicant's representative arrived at the meeting, was duly sworn, and stated that the applicant agrees with and accepts the conditions of approval recommended by the Planning and Zoning Board. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Hrs. Archer moved to approve the conditional use modification request for Bethel Evangelical Church, based upon positive findings and subject to the conditions of approval recommended by the Planning and Zoning Board. The motion was seconded by Hr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. (Note: Mr. Schmidt stepped down for the following item. Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 9.E. RESOLUTION NO. 17-00: Consider approval of a resolu- tion vacating and abandoning a portion of N.W. 2nd Avenue lying south of N.W. 12th Avenue, based upon positive findings. The caption of Resolution No. 17-00 is as follows: -13- 3/07/00 A RESOLUTION OF THE CITY CO~ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE N.W. 2ND AVENUE RIGHT-OF-WAY LYING DIRECTLY SOUTH OF N.W. 12TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEHENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE EAST TWELVE FEET OF THE WEST FIFTEEN FEET THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 17-00 is on file in the City Clerk's office.) The City Attorney stated that because this request applies to a specific area of property, it will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Prior to commencing the hearing, the City Attorney asked that the Commission disclose if any one of them had been contacted by anybody concerning the subject abandonment request. Hrs. Archer stated that she had received a letter from Hr. Robert Brewer in this regard, and she had also spoken with Mark Rosenberg concerning the application. Mrs. Archer entered into the file the letter from Robert T. Brewer dated March 4, 2000. Hayor Alperin stated that he, too, had spoken with Hr. Rosenberg concerning the application. Hr. Schwartz stated that he, too, had spoken with Hr. Rosenberg concerning the application. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She presented an overview of the request, noting that it involves the abandonment of a 25 ft. wide portion of the unimproved N.W. 2nd Avenue right-of-way, just south of N.W. 12th Street. It becomes a 50 ft. wide right-of-way immediately south of the abandonment area. The lot immediately west of the right-of-way proposed for abandonment contains a single family home which is owned by Hr. Brewer. To the south of that lot is a vacant lot that Mr. Brewer also owns and which is currently incorporated into his yard area. It could be developed separately as a single family home. Immediately to the south of Mr. Brewer's property is a single family home owned by Hr. Roy Simon which takes access off of a driveway that was constructed within the 50 ft. wide por- tion of the N.W. 2nd Avenue right-of-way. To the south of that -14- 3/07/00 house is another vacant lot which is also owned by the Simon family. The City's Development Services Hanagement Group (DSHG) has determined that if Hr. Brewer's south lot were to be devel- oped, it would have to take access off of the 50 ft. portion of right-of-way extending from N.W. llth Street since the 25 ft. wide section that is the subject of this abandonment is substan- dard in width. Pursuant to LDR Section 6.1.2(A) (2) (a), the developer of that lot would be responsible for improving N.W. 2nd Avenue to provide access and would assume all costs. Hs. Dominguez stated that a municipal water main is located within the N.W. 2nd Avenue right-of-way proposed for abandonment. The water main will remain in its present location and a replacement utility easement must be provided. The Planning and Zoning Board considered the abandon- ment request at a public hearing on January 24, 2000. Mr. Roy Simon spoke in opposition, stating that he would be negatively impacted by the abandonment if Hr. Brewer's south lot were ever to be developed as the right-of-way adjacent to his property would have to be improved and there would be increased traffic. He felt that if a house were to be built on that lot, it should have to take access from N.W. 12th Street via the substandard abandonment area. After a very brief discussion, the Board voted 6 to 1 to recommend denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0) (5) . Hs. Dominguez stated that staff feels the abandon- ment request meets the required findings and recommends approval based upon positive findings with respect to LDR Section 2.4.6(0) (5) and subject to accepting a replacement easement to cover the existing utilities. Hayor Alperin declared the public Speaking from the audience were the following: hearing open. Hark A. Rosenberg, H.D., 122 N.W. 12th Street, who presented a summary of his letter to the Hayor and City Commis- sioners dated February 28, 2000, a copy of which was entered into the record. Lynette Rosenberg, 122 N.W. 12th Street, read and entered into the record the letter from Robert T. Brewer to the Delray Beach City Commission dated March 4, 2000, in support of the abandonment request. Doug Ayerst, 111 N.W. llth Street, presented a letter in support of the abandonment request and entered same into the record. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. -15- 3/07/00 Mr. Schwartz moved to approve Resolution No. 17-00 based upon positive findings with respect to LDR Section 2.4.6(0)(5). The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 3 to 0 vote. Mr. Schmidt returned to the dais at this time. 9.F. SPECIAL EVENT REQUEST/"SKATE THE SUNSHINE STATE": Consider a request for special event approval for "Skate The Sunshine State", an inline skating event which will pass through Delray Beach on Thursday, April 13, 2000, including a temporary use permit for the use of Anchor Park as a pit stop area and staff assistance for escorting the skaters through town and trash removal. Robert A. Barcinski, Acting City Manager, presented a brief overview of the request. He stated that staff recommends approval of the event, contingent upon receipt of an updated insurance certificate and hold harmless agreement. Hrs. Archer moved to approve the special event request for "Skate The Sunshine State" as recommended by staff. The motion was seconded by Hr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.G. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW AND BALLOON RACES: Consider a request for special event approval for a Hot Air Balloon Glow on March 24th and Hot Air Balloon Races on March 25 & 26, 2000, sponsored by the City through the Millenni- um Committee, including a temporary use permit for closure of A1A and staff support for traffic control and security, barricading, sign preparation and installation, stage set up and removal, and trash removal. Robert A. Barcinski, Acting City Manager, presented an overview of the special event request through review of his staff report. He noted that since the City is technically the event sponsor, the City is liable for the insurance through the self-insurance program. However, each balloonist has individual insurance that will be verified as they are checked in on Fri- day, March 24th. Hr. Schwartz moved to approve the special event re- quest for the Hot Air Balloon Glow and Balloon Races as recom- mended by staff. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; -16- 3/07/00 Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.H. SPECIAL EVENT REQUEST/WALGREENS RED RIBBON RIDE 2000: Consider a request for special event approval for Walgreens Red Ribbon Ride 2000 which will pass through Delray Beach on Sunday, April 2, 2000, including a temporary use permit for the use of Anchor Park as a pit stop area and staff support for traffic control, barricading, and trash container set up and removal. Robert A. Barcinski, Acting City Manager, presented an overview of the special event request through review of his staff report. He stated that staff recommends approval of the event, contingent upon receipt of an insurance certificate and hold harmless agreement. Mrs. Archer moved to approve the special event request for Walgreens Red Ribbon Ride 2000 as recommended by staff. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.I. SPECIAL EVENT REQUEST/CYSTIC FIBROSIS 10K WALK: Consider a request for special event approval for the Cystic Fibrosis Foundation's Annual 10K Walk to be held on Saturday, May 20, 2000, including a temporary use permit for the use of the sidewalks along A1A and Anchor Park, Police assistance for traffic control and a 50/50 split on overtime costs. Robert A. Barcinski, Acting City Manager, presented an overview of the special event request through review of his staff report. Police overtime costs are estimated at $400.00. He stated that staff recommends approval of the event, including the split of Police overtime costs 50/50, contingent upon re- ceipt of an insurance certificate and hold harmless agreement. Mr. Schmidt moved to approve the special event request for the Cystic Fibrosis Foundation's Annual 10K Walk as recom- mended by staff. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. (Note: Mr. Schmidt stepped down for the following item. Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 9.g. REQUEST FOR TENT PERMIT/IRISH COTTAGE PUB & GRILL: Consider a request from the Irish Cottage Pub & Grill to erect a -17- 3/07/00 temporary tent on their property at 2515 North Federal Highway from Thursday, March 9th, through Monday, March 20, 2000, for a St. Patrick's Day celebration. Robert A. Barcinski, Acting City Manager, stated that LDR Section 2.4.6(H) (2) provides that the City Commission may approve a temporary use permit for uses under a tent. The Commission delegates the approval of tent permits that are erected for three days or less and which comply with the condi- tions set forth at LDR Section 2.4.6(H) (3) (a) to the Chief Building Official. The request from the Irish Cottage Pub is before the Commission because of the length of time the tent is proposed to be up and the use, retail sales. The LDRs prohibit the use of tents for retail sales or other commercial uses. Hr. Barcinski noted that similar approvals were granted in the past for the First Presbyterian Church and also with Wallace Ford. Dan Glazer, an owner of the Irish Cottage Pub, commented that his business has put up a tent for St. Patrick's Day every year for the past four years. The tent is only needed for two days, Saturday, March llth, and Friday, March 17th. He explained that the tent company cannot put the tent up before Harch llth and then take it down and put it back up again for the 17th. Hr. Glazer stated the tent has never been a problem before and a letter has always been submitted to the Building Department indicating when the tent would be put up and when it would be taken down. After discussion, Hr. Schwartz moved to approve the tent permit for the Irish Cottage Pub with the condition that the tent is only actually used for business on Harch llth and March 17th. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 3 to 0 vote. Mr. Schmidt returned to the dais at this time. 9.K. REPLACEMENT APPOINTMENT TO THE METROPOLITAN PLANNING ORGANIZATION: Consider appointing a replacement to the Metropolitan Planning Organization to fill the vacancy created by Commissioner Wright's resignation from the City Commission. It was the consensus of the City Commission to post- pone the replacement appointment until after the municipal election on Harch 14, 2000. It will be brought back to the Commission at the organizational meeting scheduled for Harch 30, 2000. 9.L. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member to the Education Board to fill an unexpired term ending -18- 3/07/00 July 31, 2001. The appointment will be made by Commissioner Archer (Seat #2). Mrs. Archer moved to appoint Marlene Brown to the Education Board as a regular member to fill an unexpired term ending July 31, 2001. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Hr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. Hrs. Archer stated that she wanted to let the rest of the Commission know that it is probable that the Education Board will put forward a request to increase the board's membership from seven members to nine members. There are new schools and one of the criteria for the Education Board is that they attend SAC committee meetings, so Mrs. Archer expected that the Commis- sion may see a request for an increase in members. At this point, the time being 7:00 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10 .A. ORDINANCE NO. 5-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", by adding 'Catering Services' as a permitted use, and providing for floor area limitations and restrictions on vehicle storage in conjunction with said use. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 5-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES", BY ADDING 'CATERING SERVICES' AS A PERMITTED USE; AMENDING SUBSECTION 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", TO PROVIDE FOR FLOOR AREA LIMITATIONS AND RESTRICTIONS ON VEHICLE STORAGE IN CONJUNCTION WITH CATERING SERVIC- ES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -19- 3/07/00 (The official copy of Ordinance No. 5-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Hayor Alperin declared the public hearing open. There being no one in the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 5-00 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.S. ORDINANCE NO. 6-00 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending LDR Section 4.4.9, "General Commer- cial (GC) District", to allow densities of up to 12 units per acre as a permitted use and up to thirty (30) units per acre as a conditional use within the West Atlantic Avenue Overlay Dis- trict, subject to performance standards. If passed, a second public hearing will be scheduled for Harch 21, 2000. Prior to consideration of passage of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 6-00: AiN ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW DENSITIES OF UP TO TWELVE (12) UNITS PER ACRE AS A PERMITTED USE AND UP TO THIRTY (30) UNITS PER ACRE AS A CONDITIONAL USE WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT, SUBJECT TO PERFORMANCE STANDARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-00 is on file in the City Clerk's office.) -20- 3/07/00 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Diane Dominguez, Director of Planning and Zoning, noted that with the adoption of Comprehensive Plan Amendment 99- 1 last year, Future Land Use Element Policy A-5.6 was added to the Plan. It reads, "The City shall amend the General Commer- cial (GC) zoning district to accommodate increased multiple family densities over 12 units per acre, but not to exceed a maximum of 30 units per acre as a conditional use in the West Atlantic Avenue Redevelopment Area Overlay." The proposed ordinance is necessary to implement this policy through the zoning code. Mayor Alperin noted that the West Atlantic Redevelop- ment Coalition, the Community Redevelopment Agency and the Planning and Zoning Board all reviewed the text amendments and recommended approval. Hayor Alperin declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 6-00 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.C. TRANSFER OF CITY-OWNED PROPERTY: Consider approval of a quit claim deed transferring a City-owned parcel of land on S.W. 6th Avenue to an eligible applicant under the Delray Beach Renaissance Program. A public hearing has been scheduled to be held prior to consideration of this item. Lula Butler, Director of Community Improvement, ex- plained that the City acquired the property about two years ago from Palm Beach County off of the "Lands Available" list. The proposal now is to deed it over to an eligible home buyer as a portion of the funding subsidy under the Renaissance Program. The prospective homeowner is one of the tenants relocated as a result of the tennis center expansion. 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. Hayor Alperin declared the public hearing open. -21- 3/07/00 There being no one in the audience who wished to speak on this item, the public hearing was closed. Hrs. Archer moved to approve the quit claim deed transferring City-owned property to an eligible applicant under the Delray Beach Renaissance Program. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as fol- lows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. There were no responses to prior comments or inqui- ries. 11 .B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, stated that she ob- served County signs posted for a variance at the property that is now known as Office Depot at the northwest corner of Atlantic Avenue and Military Trail. Upon reading the signs, she found that the request is to change the minimum number of square feet on the front of the Office Depot building to accommodate addi- tional signage. Mrs. Finst felt it important that the City keep a very close watch on these types of things because that proper- ty will in all likelihood come into the city and she would not want to have a precedent set as to the type of signage that will be allowed. She expressed concern that the type of signage that is being proposed is not in the City's sign code and also that whoever is supposed to be watching out for these things in the City's reserve area is not watching in the right direction. She felt this is something that needs to be looked at. Mrs. Finst further commented that the matter of Bar- wick Road came up at a recent candidates forum, but none of the candidates seemed to know about what was going on with the road. Hrs. Finst claimed that Barwick Road "has been in everybody's 2000/2001 plan" for many years and people are concerned about it. She asked that the City Hanager provide an update on Barwick Road since it is in the plan. Lastly, Hrs. Finst spoke concerning the disruption of the Green Harket by the different events held at the Tennis Center. Most recently, the Green Market had the restroom facilities at the tennis center shut off to market vendors and patrons. She claimed that when people went to use the -22- 3/07/00 facilities, they were told by a City employee to use the restroom at Dunkin' Donuts. Mrs. Finst felt this to be presumptuous and suggested that if the restroom facilities that are used by the Green Market for a few hours on Saturday mornings are to be closed off, then some other provision should be made. ll.B.2. Jean Beer, 2145 S.W. 26th Terrace, distributed copies of a newspaper article about Red Bank, New Jersey (copy at- tached), and the measures being taken to protect that town's vision for itself. She pointed out that when big developers wanted to come in, they were "summarily rejected" because the town felt that it first needed a plan. They got a large grant and they hired professionals to look at those particular areas in town that were of prime importance. They had the architects devise buildings that were in keeping with the rest of the town, and they had scale models made of these and put in town hall so that residents could come and look at them to see if they ap- proved. Mrs. Beer stated that Red Bank encouraged residents to take part in the approval process, whereas in Delray Beach the big development is rammed through and a precedent is set, open- ing up zoning possibilities for mega-buildings before the plan is in place. Mrs. Beer further stated that the grant from the MacArthur Foundation is the result of two month's work by Jeff Perlman, not the CRA, because Mr. Perlman was concerned about the divisiveness and wants to bring the City together. The CRA is lukewarm about it now because the community is going to be involved. Mrs. Beer suggested that perhaps Delray Beach could learn something from Red Bank. ll.B.3. Kevin Warner 248 Venetian Drive, wished Mayor Alperin well as he prepares to step down from the City Commission. Mr. Warner commented that he has been in town a relatively short period of time and has not had occasion to partake of Mayor Alperin's professional services, but he has been 'drilled' by the Mayor on a few occasions when they have crossed swords on various issues. Nonetheless, he hoped that Mayor Alperin would remain active in the community by sharing his perspective and experience. Mr. Warner was sorry that Commissioner Randolph was not present at the meeting as he wished to make the same com- ments in his regard. He believes that hearts are in the right place and hoped that the City could continue to benefit in the future from their expertise. 12. FIRST READINGS: 12.A. ORDINANCE NO. 7-00: An ordinance amending the Land Development Regulations to establish notification procedures for granting relief from minimum lot dimension requirements and providing that the Historic Preservation Board may grant waivers -23- 3/07/00 in certain instances. If passed, scheduled for Harch 21, 2000. a public hearing will be The City Manager presented Ordinance No.7-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SECTION 4.3.1, "APPLICATION OF DISTRICT REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE WITH ZONING REGULATIONS", OF THE LAND DEVEL- OPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ESTABLISH NOTIFICATION PROCEDURES FOR GRANTING RELIEF FROM MINIMUM LOT DIMEN- SION REQUIREMENTS AND PROVIDING THAT THE HISTORIC PRESERVATION BOARD MAY GRANT WAIV- ERS TO THE REQUIREMENT TO ALLOW THE DEVELOP- MENT OF A NONCONFORMING LOT OF RECORD WHICH IS UNDER THE SAME OWNERSHIP AS THE ADJACENT LOT BASED UPON THE FINDINGS AND RECOHHENDA- TION OF THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEAL- ER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Diane Dominguez, Director of Planning and Zoning, stated that the main purpose of the ordinance is to provide notification requirements for certain waivers that can be grant- ed to minimum lot sizes and buildable area. The proposed amend- ment requires that the City provide mailed notices ten (10) calendar days prior to a meeting, to all property owners within 500 feet of the perimeter of the property for which relief is being sought. The amendment also allows the Historic Preserva- tion Board to grant waivers (for historic properties) to allow the development of a nonconforming lot of record which is under the same ownership as the adjacent lot. Such waivers would also be required to be noticed. Hs. Dominguez pointed out that the City Hanager does not support giving the Historic Preservation Board waiver power. He feels that decisions to allow increased density and construction on substandard lots should be made by the City Commission. She continued that the Planning and Zoning Board held a public hearing on the text amendment on February 28, 2000, at which there was no public testimony regarding the request. The Board voted 5 to 1 to recommend approval based upon a positive finding that the amendment is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. -24- 3/07/00 Hrs. Archer stated that she agrees with the City Hanager that the City Commission ought to retain authority over the approval of substandard lots, especially with the possibili- ties for infill development and larger homes being built setback to setback. She had no objection to the notification require- ment and felt that would be appropriate. Hr. Schwartz commented that he, too, supports the notification portion of the proposed amendment but is uncomfort- able with the waiver provision at the Historic Preservation Board level. Hayor Alperin stated that while he is generally in favor of giving the boards as much leeway as possible in making certain decisions, he was also uncomfortable with the waiver provision. He asked if the Historic Preservation Board had reviewed the amendment? Diane stated that the amendment did not go to HPB as it was dealing mainly with notification requirements. Hayor Alperin suggested that the ordinance be passed on first reading to move it to a public hearing and, in the interim, make sure the HPB has a chance to review it to see if they have some good, logical argument that may sway the Commis- sion to support the ordinance as written. The City Attorney stated that the ordinance in its current form has not yet been advertised, so this would be an appropriate time to make any change that the Commission may wish to make. If the ordinance is passed as written, it could not be amended on second reading. An alternative would be to deny the subject ordinance on first reading with direction to bring a revised ordinance back at a later date. Mr. Schmidt moved to DENY Ordinance No. 7-00 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. At this point, the City Commission returned to the regular agenda. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint a regular member (General Contractor position) to the Board of Construction Appeals to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Schwartz (Seat #3). -25- 3/07/00 Mr. Schwartz moved to appoint James A. Griffis to the Board of Construction Appeals as a regular member (General Contractor position) to fill an unexpired term ending August 31, 2000. The motion was seconded by Hr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.N. SETTLEMENT/YOUNGINGER V. CITY OF DELRAY BEACH, ET AL: Consider settlement of the referenced matter as recommended by the City Attorney. The City Attorney stated that her office recommends approval of the proposed settlement in the amount of $120,000 subject to securing appropriate releases. Mr. Schwartz moved to approve settlement of Younginger v. City of Delray Beach, et al., as recommended by the City Attorney. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The Acting City Hanager had no comments or inquiries. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13 .C. City Commission. 13.C.1. Commissioner Schmidt had no comments or inquiries. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Schwartz commented that he was thrilled to see in the newspaper that Atlantic High School had been rated so highly and ranked by Newsweek magazine as one of the best high schools in the nation. Commissioner Schwartz commented that there was also in the newspaper a rather expansive article on the fact that the City needs hotel rooms and that we could lose some people who have been very beneficial to the community. He felt that the Commission needs to do everything it can to encourage good quality hotels to take care of the needs of the people who come to Delray Beach for major events such as Fotofusion and the -26- 3/07/00 Citrix Tennis Tournament, and others that we hope to attract in the future. He felt that this is an area that the City really needs to concentrate on. 13.C.4. Mayor Alperin had no comments or inquiries. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to 286.011(8) re: Scheinberg et al. v. City of Delray Beach. F.S. The City Attorney stated that the City has scheduled a closed attorney/client session pursuant to F.S. 286.011(8) in the case of Scheinberg et al. v. City of Delray Beach. The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Mayor Jay Alperin Commissioner David $chmidt Commissioner Pat Archer Commissioner Bill Schwartz Assistant City Manager Bob Barcinski City Attorney Susan Ruby Assistant City Attorney Jay Jambeck A certified court reporter The purpose of the closed door session is to discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. Hs. Ruby stated that the regular meeting would be reopened at the conclusion of the closed session. At this point, the time being 7:30 p.m., Hayor Alperin adjourned the meeting for the Closed Attorney/Client Session. Hayor Alperin reconvened the meeting at 7:45 p.m. and announced that the regular meeting was reopened and the closed session was terminated. The City Commission returned to the regular agenda. 15. SETTLEMENT PROPOSAL/STANLEY SCHEINBERG ET AL. V. CITY OF DELRAY BEACH. The City Attorney stated that the appropriate motion would be to approve the settlement agreement, with the appropri- ate agreement to be drafted by the City Attorney's office, that would contain, among other legal matters, the points that are contained in the memorandum dated Harch 6, 2000, from Assistant City Attorney Jay Jambeck to the City Commission concerning the Tropic Isle Class Action Settlement Agreement Summary (a copy of which is attached hereto and made a part of these minutes). -27- 3/07/00 Mr. Schwartz so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. There being no further business, adjourned by Hayor Alperin at 7:48 p.m. the meeting was City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of the Delray Beach City Commission held on March 7, 2000, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -28- 3/07/00 The purpose of the closed door session is to discuss settlement negotiations and strategy related to litigation expenditures in the referenced case. Ms. Ruby stated that the regular meeting would be reopened at the conclusion of the closed session. At this point, the time being 7:30 p.m., Mayor Alperin adjourned the meeting for the Closed Attorney/Client Session. Mayor Alperin reconvened the meeting at 7:45 p.m. and announced that the regular meeting was reopened and the closed session was terminated. The City Commission returned to the regular agenda. 15. SETTLEMENT PROPOSAL/STANLEY SCHEINBERG ET AL. V. CITY OF DELRAY BEACH. The City Attorney stated that the appropriate motion would be to approve the settlement agreement, with the appropri- ate agreement to be drafted by the City Attorney's office, that would contain, among other legal matters, the points that are contained in the memorandum dated March 6, 2000, from Assistant City Attorney Jay Jambeck to the City Commission concerning the Tropic Isle Class Action Settlement Agreement Summary (a copy of which is attached hereto and made a part of these minutes). Mr. Schwartz so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. There being no further business, adjourned by Mayor Alperin at 7:48 p.m. the meeting was City -Cl~rk - ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of the Delray Beach City Commission held on March 7, 2000, which minutes were formally approved and adopted by the City Commission on ¥~_D/h~_~ ~ ~f'x~9 tity Cl~kk -26- 3/o7/o0