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05-02-00MAY 2, 2000 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, May 2, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Rabbi Suzanne Carter, Chaplin for the Delray Beach Police and Fire Department. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. Mayor Schmidt noted that Item 6.A., Proclamation in recognition of Salvation Army Week, would be removed from to- night's agenda and rescheduled for the next regular meeting. He further noted the addition of Item 6.C., Proclamation recogniz- ing the members of the Florida Atlantic University Bed Race Team which won the international competition, and Item 7.B., Presentation on Tennis Center naming rights. Mayor Schmidt also commented that additional backup was provided for Item 8.A., Acceptance of Easement Deed from Aurora Homes. Hrs. Archer moved to approve the agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. o Approval of Minutes: Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of April 18, 2000, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. Salvation Army Week - May 14 through 20, 2000. (THIS ITEM WAS REMOVED FROM THE AGENDA AND RESCHEDULED FOR MAY 16, 2000.) 6.S. Safe Boating Week - May 20 through 26, 2000. Hayor Schmidt read and presented a proclamation in recognition of National Safe Boating Week, urging all citizens to support the goals of the National Safe Boating campaign and U.S. Coast Guard Auxiliary and efforts to promote safe boating. Mr. Bernard Englander, U.S. Coast Guard Auxiliary, Flotilla 54, came forward to accept the proclamation and thanked the City Commission for their support of this worthwhile endeav- or. 6.C. Recognizing and commending the members of the Florida Atlantic University Football Program's Student Booster Team (Staci Hawkins, Bill Eaton, Cedric Williams, Shaun Thompson and Lee Pasick) on their achievement of winning the 27th Annual Honolulu International Bed Race competition. Presentation of this proclamation was deferred until later in the meeting when the members of the FAU Bed Race Team arrived at the meeting on their way home from Hawaii. o Presentations: 7.a. Sister Cities International Young Artist Competition - Certificates of Appreciation and Awards Presentation. Hayor Schmidt introduced Charlotte Durante, President of Delray Beach's Sister Cities organization. Charlotte Durante gave a brief overview of the Sister Cities program. One of the focuses has been on the involvement of young people in the program as it is very important for them to grow up learning about other cultures and learning to appreciate other cultures. The Sister Cities Student Exchange Program has been very well received. The Young Artists Program is another way in which young people can express themselves, through original artwork, their concept of the Sister Cities mission. The theme of the competition for the year 2000 was "Peace Begins at Home". Mrs. Durante congratulated all of the entrants on the wonderful artwork that was submitted. They were very difficult to judge; however, it was necessary to select at least one winner to send on to the next level. -2- 05/02/00 Hayor Schmidt then presented the following awards: Carver Middle School Participating Artists Elana Bloom Ryan Bourdon Gina Brown Laura Gratto Honorable Mention Charde' Haldonado 3rd Place Christy Lee 2nd Place Lindsay Harris 1st Place Bradley Searles Atlantic High School 2nd Place Mathieu Joseph 1st Place & Overall Winner Elizabeth Godwin 7.S. Presentation on Tennis Center naming rights (introduc- tion by Brahm Dubin). Brahm Dubin reviewed with the City Commission his memorandum dated Hay 2, 2000, which gave a history of how the City reached the current juncture with the naming rights issue. He stated that the goal is to sell naming rights and to find a company with motivation that will take on the project seriously. Giving a company an exclusive contract for six (6) months emphasizes a sense of urgency, knowing that they only have six months to bring a deal to the table. Hr. Dubin stated that his proposal is to use the services of Flight Media, Alex McKenzie, President, on a commission basis only for a six month exclusive 3 05/02/00 period to sell naming rights for the Delray Beach Tennis Center. Alex McKenzie, President of Flight Media, introduced himself to the City Commission. He reviewed his accomplishments in the field and discussed the merits of the Delray Beach Tennis Center in offering naming rights. On question from the City Hanager as to the timing involved with corporate budget calendars, Hr. HcKenzie stated that we are at a fairly critical time for something to happen for the year 2001. Most corporate monies for the year 2000 are gone and corporations are going through budgets for the year 2001 right now. Hayor Schmidt stated that previous Commissions were comfortable with the idea of selling the naming rights for the Tennis Center. He asked if the present Commission is still comfortable with the concept? Hrs. Archer commented that when the naming rights concept first came up, she was not all that comfortable with it. However, she felt there could be a real advantage to publicly merchandising Delray Beach and the fact that it is in Palm Beach County, especially with all of the publicity that Hiami has been receiving recently. At this point she would be in favor of the concept. On question from Ms. McCarthy, the City Manager stated that the proposal numbers are based on what other events have sold for in this area on a per attendee basis. They are dis- counted somewhat for the City's smaller facility. They are negotiable, up or down, but it is felt that they represent a reasonable price for the advertising an entity would get at the facility. On question from Mr. Schwartz, the City Manager stated that the fee for the naming rights would be, at a minimum, $250,000 per year. The City agreed to pay Hatch Point $1,050,000 over a four year period and the County is paying us $255,000 ($85,000 over three years), so over the four year period the City has a net cost of roughly $800,000 in round numbers. After that the City will no longer make payments to Match Point for the Citrix tournament, so that is when the City has the opportunity to start recouping what has been paid out in the earlier years through the later years of the contract. But selling the naming rights is a key to making all of that happen. On further question from Mr. Schwartz, the City Manag- er stated that we could look at getting funds from the state. Hr. Perlman commented that he had not seen this item -4- 05/02/00 until about 15 minutes ago and he felt it required a rather serious decision. He would prefer to digest it a little more, and he would also have preferred to heard from a couple of different companies so that there could be a relative evaluation and comparison. He did not have a problem with the concept of selling naming rights, but would be more comfortable with making this kind of decision with a little more notice. Hayor Schmidt stated that he felt the consensus is that the Commission is comfortable with the concept of selling the naming rights. Hayor Schmidt then asked if there was a consensus to direct staff to put together a contract with Hr. McKenzie? He stated that he concurred with Commissioner Perlman about the short notice on this item, but on the other hand he really did not see any down side for the City with the six month term and commission only as opposed to paying a fee. It was the majority consensus of the City Commission (Hr. Perlman dissent- ing) to direct staff to proceed with the contract. o CONSENT AGENDA: City Manager recommends approval. 8.a. ACCEPTANCE OF EASEMENT DEED FROM AURORA HOMES, INC.: Accept an easement deed granting to the City an easement to allow for the installation and maintenance of an 8" gravity sewer main that will connect the City's gravity sewer system to the Coral Trace development's gravity sewer system. 8.B. GRANT OF EASEMENT TO BELLSOUTH: Approve the grant of an easement to BellSouth to allow for the installation of a switch box behind the Boy Scout Hut located on the north side of Lake Ida Road. 8.C. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council for funding in the approximate amount of $123,502 in support of the City's out of school program, day camps and summer camp program. 8.D. RESOLUTION NO. 36-00: Approve a resolution authoriz- ing the City Manager to apply for funding for landscape improve- ments along Lake Ida Road (Congress Avenue to Military Trail) through Palm Beach County's 2000/2001 Thoroughfare Beautifica- tion Grant Program. The caption of Resolution No. 36-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING THROUGH PALM BEACH COUNTY'S 2000/2001 THOR- OUGHFARE BEAUTIFICATION GRANT PROGRAM FOR 5 05/02/00 LAKE IDA ROAD. (The official copy of Resolution No. 36-00 is on file in the City Clerk's office.) 8.E. FINAL PAYMENT/HELLER-WEAVER & SHEREMETA (LAVER'S PROPERTY SURVEY WORK): Approve final payment in the amount of $8,355.00 to Heller-Weaver & Sheremeta, Inc. for completion of the survey work associated with the Layer's property, with funding from 001-2911-519-31.30 (Engineering/Architectural). 8.F. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/MURRAY LOGAN CONSTRUCTION (REHABILITATION OF LIFT STATIONS): Approve closeout Change Order ~1 in the net deduct amount of $881.00 and final payment in the amount of $15,645.40 to Hurray Logan Con- struction, Inc. for completion of the Rehabilitation of Lift Stations 13, 24 & 26 project, with funding from 442-5178-536- 61.83 (Lift Station Conversion to Submersible). 8.G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/N.E. 4TH STREET (SWINTON AVENUE TO N.E. 6TH AVENUE): Approve an interlo- cal agreement between the City and Palm Beach County which will transfer control of the right-of-way along N.E. 4th Street (from Swinton Avenue to N.E. 6th Avenue) to the City, and provide for reimbursement of up to $234,500 from the County for improvements along this corridor. 8.H. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various ac- tions approved by the South Central Regional Wastewater Treat- ment and Disposal Board at the quarterly meeting of April 20, 2000. 8.I. RESOLUTION NO. 37-00: Approve a resolution assessing costs for action necessary to abate nuisances on seventeen (17) properties throughout the City. The caption of Resolution No. 37-00 is as follows: A RESOLUTION OF THE CITY COH~ISSION 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 ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND -6- 05/02/00 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. (The official copy of Resolution No. 37-00 is on file in the City Clerk's office.) 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 17th through April 28, 2000. 8.K. AWARD OF BIDS AND CONTRACTS: Bid award to Chemical Lime Company of Alabama, Inc., via City of Boynton Beach co-op bid, for the purchase of bulk quicklime at an estimated annual cost of $313,379.80, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). o Bid award for the air conditioning services and repairs annual contract to Atlantic Refrigeration as primary contractor and to CGR Construction Company as secondary contractor, at an estimated annual cost of $27,640 with funding from various departmental operating budgets. Mrs. Archer moved to approve the Consent Agenda, seconded by Hr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 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. 10-00 (VALET PARKING QUEUE SIGNS): An ordinance amending Chapter 71, "Parking Regulations", of the City Code by amending Section 71.022, "Parking Prohibited During Certain Hours on Certain Streets", to provide for the use of valet parking queues. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 10-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING -7- 05/02/00 CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 71.022, "PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS", TO PROVIDE FOR THE USE OF VALET PARKING QUEUES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-00 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 Schmidt declared the public Speaking from the audience was the following: hearing open. John Bennett, 137 Seabreeze Avenue, stated that he supports the ordinance but feels it should be made very clear through signage as to the situation and associated penalties. The current signs are not all that clear, especially to people who are new to the area, and there are discrepancies on differ- ent signs that need to be straightened out so that there is consistency as well as clarity. There being no one else from the audience who wished to address the City Commission, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 10-00 on Second and FINAL Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - 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. ll.A. City Manager's response to prior public comments and inquiries. There were no responses to prior public comments and inquiries. 11 .B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, inquired about the status of the property located at 1000 Lake Ida Road, commonly known as the Harine Way or blue building. She stated that the 8 05/02/00 matter of the liens on this property has been brought up before, and she asked that the outstanding liens on this property as well as outstanding liens in general be placed on a future workshop agenda. Mrs. Finst also asked that the Davis Road connector be placed on an upcoming workshop for discussion so that residents of the area and concerned citizens will know what the City plans to do about providing a connector to Atlantic Avenue, especially when the Lake Ida Road construction begins. Following discussion, Hayor Schmidt asked that an update on the Lake Ida Road property (blue building) be provided at the May 9th workshop. ll.B.2. Jean Beer, 2145 S.W. 26th Terrace, stated that she has had contact with people living in the Sudan and Delray Shores subdivisions who want Davis Road opened up as a connector to Atlantic Avenue. There is concern about how these people are going to get in and out of the area when Lake Ida Road is wid- ened. Mrs. Beer then thanked the City Manager for faxing to her the information on legislation. She stated that she had written to the Governor and had advised all of PROD's board members to do likewise about the billboard situation and several other things. Hrs. Beer stated that one of the big concerns at the last Presidents Council meeting was the amount of roaming dogs in the City. She commented that Carolyn Zimmerman had found out there will be free spaying and rabies shots available at Linton Center, which is at the northeast corner of Linton Boulevard and Congress Avenue, on May 3rd through 6th and May 10, 11 and 12, 2000. This information was put on their phone tree to all of the neighborhood associations in the hope that they will forward the message to their members. With respect to the Tennis Center naming rights issue, Mrs. Beer commented that she personally hates to see another great opportunity rushed in with no advertisement and nobody in the public knows about it, and the Commission being put in the position of having to make a decision on the spot. She felt this was terrible because we have made mistake after mistake after mistake with great opportunities that were too wonderful to be missed. She hoped that these things would stop. ll.B.3. Kenneth Gray, resident of Delray Shores, spoke concerning a Davis Road connection to Atlantic Avenue. He stated that the Davis Road intersection at Lake Ida Road is already a very congested area, and during the Lake Ida Road -9- 05/02/00 construction the situation is only going to get worse. The area residents need relief at that intersection and he felt there should be another route out of the neighborhoods. Hr. Gray commented that the 4-1aning of Lake Ida Road is not going to help people getting through the Davis Road/Lake Ida Road intersection. He suggested the possibility of building a bridge over the canal through to Congress Avenue or reopening the road that is there. He felt it would be very beneficial to everyone in these communities to have another way out of the neighborhoods without having to come to the intersection at Lake Ida/Davis Roads to make a left or right turn. At this point, Ms. McCarthy commented that she was under the impression that there were about two or three exits out of Delray Shores. Nonetheless, the majority of people go to the intersection at Davis and Lake Ida Roads. She asked Mr. Gray is he knew why that is? Hr. Gray responded that it is very difficult to make either a right or left hand turn out of any of the three intersections, especially at peak travel times. Hayor Schmidt commented that County Commissioner HcCarty has advised that while traffic at that intersection does not warrant a traffic signal right now, that the County would reexamine it after the road is widened. Hr. Gray stated that he did not think that a light would help the situation and that there needs to be another route out. ll.B.4. Donald Allgrove, resident of Rainberry Lake, stated that he had inquired some time ago about the feasibility of having the cost of water bills automatically deducted from checking accounts. The response he was given at that time was that the City would be looking into it. Mr. Allgrove asked if this had been done yet and if he could get a status on it? At this point, the Commission returned to the regular agenda. o REGULAR AGENDA: (Note: Mayor Schmidt passed the gavel to Vice-Mayor Archer and 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/EXPANSION OF DRUG ABUSE FOUNDATION: Consider a request for conditional use modification to allow the construction of an 80-bed dormitory and associated parking at the Drug Abuse Foundation of Palm Beach County (Sie- mens-Evert Campus), increasing the number of beds by 36 for a total of 150 beds. The subject property is located at the southwest corner of Swinton Avenue and S.W. 4th Street and is -10- 05/02/00 zoned CF (Community Facilities). QUASI-JUDICIAL PROCEEDING The City Attorney stated this item would 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. Jeff Costello, Principal Planner, entered the project file into the record and gave an overview of the proposed modification. He stated that the existing Drug Abuse Foundation campus located at the southwest corner of Swinton Avenue and S.W. 4th Street contains 114 beds in three dormitories. The proposal is to construct a 10,000 sq.ft, dormitory with 80 beds at the southwest corner of the site adjacent to the City's Public Works complex. The Planning and Zoning Board considered the application at a public hearing on April 17, 2000. At that meeting the applicant revised the application to reflect that only 44 existing beds would be eliminated (down from 48), resulting in a net increase of 36 beds, for a total of 150 beds. There was no public testimony in opposition or support of the item. The Board voted 5 to 0 to recommend approval of the conditional use modification request, based upon positive find- ings 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 following conditions: (1) That a site plan application be submitted which addresses the technical items outlined in Exhibit "A" to the Planning and Zoning Board staff report and conditions of approv- al; (2) That the sketch plan be revised to provide the minimum required floor area pursuant to LDR Section 4.3.3(D) (1) (a) and the Standard Housing Code; and (3) That the sketch plan be revised to provide a minimum of ten percent (10%) of the total floor area devoted to common area for a variety of recreational or therapeutic activi- ties, exclusive of halls, corridors, stairs, and elevator shafts pursuant to LDR Section 4.3.3(D) (1) (b) . Alton Taylor, Executive Director of the Drug Abuse Foundation at 400 South Swinton Avenue, explained that there is currently a residential treatment program and a halfway house program on the site. The increase of 36 beds that will occur with the modification will not meet the needs of clientele requesting services from the agency and there are more people on -11- 05/02/00 the facility's waiting list than the new beds will accommodate. However, one of the things that the new building will allow the Foundation to do is open 27 new beds for female halfway house services. The Foundation's Board took the position that while the number of new beds will not eliminate the waiting list, the focus at this time should be adding those components to the treatment facility that are lacking. One of those components that is lacking is a halfway house program for women. The Board felt that adding these components would improve the overall effectiveness of the program, while at the same time lobbying the county, the state and the federal government for more re- sources to deal with the wait list. Ms. McCarthy commented that the criteria of a halfway house is different from the facility that is currently operat- ing. She asked if there has been any type of dialogue with the facility's residential neighbors because the proposed expansion will make the center a little bit different than it has been? Mr. Taylor responded by stating that in the ten years the Drug Abuse Foundation has been at this location, it has been a very good neighbor in reaching out to the residents, even designing programs just for the neighborhood. Mr. Taylor felt that the relationship with the adjacent communities has been excellent and the facility has been very sensitive to nearby residents. Mr. Perlman asked if there are any plans to expand beyond the 150 beds? Mr. Taylor responded that the expansion to 150 beds will pretty much get the facility to where it wants to be in terms of maintaining a campus-like atmosphere for the residents. There is no intent to add any additional residential services to that site. If the Foundation has the opportunity to expand residential services, it would be at some other location. Vice-Mayor Archer applauded the Foundation's goal of providing a residential component for women. This type of service has been lacking in the south county area, and she expressed her appreciation on behalf of the Drug Task Force for recognizing and acting on this need. Mr. Perlman moved to approve the conditional use modification request to expand the Drug Abuse Foundation based upon the findings and subject to the conditions recommended by the Planning and Zoning Board. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Vice-Mayor Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. Vice-Mayor Archer returned the gavel to Mayor Schmidt who returned to the dais at this time. 9.B. SPECIAL EVENT REQUEST/DOWNTOWN SPRING ART FESTIVAL: -12- 05/02/00 Consider a request for special event approval for the 2nd Annual Downtown Spring Art Festival to be held on Saturday and Sunday, Hay 27 and 28, 2000, including temporary use permit, staff support, and waiver for event signage. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. Basically, Atlantic Avenue would be closed from the east side of Venetian Drive to the west side of Andrews Avenue, tapered south to the west side of Salina. The use of Veterans Park is requested for vendor parking, as is staff support for security, traffic control and barricading. The estimated overtime cost for City services is $3,300 which will be paid by the event sponsor. Hr. Alan will also provide for trash removal, port-o-lets and barricade rental. Part of the proceeds from this event will go to support the Downtown Joint Venture. Mr. Barcinski stated that staff recommends approval of the request, contingent on the sponsor providing the required insurance certificate and a hold harmless agreement. Hr. Schwartz moved to approve the special event re- quest for the 2nd Annual Downtown Spring Art Festival as recom- mended by staff. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/HAITIAN FLAG DAY: Consider a request for special event approval for the Haitian Flag Day Celebration to be held on Sunday, May 21, 2000, including tempo- rary use permit, staff support, use of City equipment, and consideration of waiving overtime costs. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. The celebration is being sponsored by Our Lady of Perpetual Help Catholic Church Youth Group, and includes the use of Herritt Park, use of the City's stage, and staff support for security and trash removal. Also requested is consideration of waiving overtime costs. Hr. Barcinski noted that this is a first time event and the estimated total overtime cost is roughly $800.00; however, if the stage can be set up on Friday then the cost can be reduced to about $400.00 for securi- ty costs. He stated that staff recommends approval of the special event request and consideration of the request to waive overtime costs. Approval would be contingent on the sponsor providing the required liability insurance and hold harmless agreement. Hr. Schwartz moved to approve the special event re- quest for the Haitian Flag Day Celebration as recommended by staff and including the overtime waiver. The motion was second- ed by Ms. McCarthy. Upon roll call the Commission voted as -13- 05/02/00 follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.D. Air/ENDED AND RESTATED AGREEMENT WITH COCA-COLA: Consider approval of an amended and restated agreement with Coca-Cola Enterprises, Inc., d/b/a Florida Coca-Cola Bottling Company. Brian Shutt, Assistant City Attorney, commented that the essential terms of the agreement are highlighted in his memorandum to the City Manager. The City Hanager stated that the key change is the twelve (12) blackout days to allow the City to pursue other sponsors. Hrs. Archer moved to approve the amended and restated agreement with Coca-Cola, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:40 p.m., the Commis- sion moved to Item 12, FIRST READINGS, on the agenda. 12. FIRST READINGS: 12.A.1. ORDINANCE NO. 11-00: An ordinance amending the Land Development Regulations to establish notification requirements for specified waivers. If passed, a public hearing will be scheduled for May 16, 2000. The City Manager presented Ordinance No. 11-00: 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 REQUIRE- MENTS FOR THE GRANTING OF RELIEF FROM CER- TAIN MINIMUM LOT DIMENSIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-00 is on file in the City Clerk's office.) -14- 05/02/00 The City Attorney read the caption of the ordinance. 12.A.2. ORDINANCE NO. ll-00A: An ordinance amending the Land Development Regulations to establish notification requirements for specified waivers, and giving authority to the Historic Preservation Board to grant waivers for historic properties. If passed, a public hearing will be scheduled for May 16, 2000. The City Manager presented Ordinance No. ll-00A: AN ORDINANCE OF THE CITY COMMiSSiON 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 REQUIRE- MENTS FOR THE GRANTING OF RELIEF FROM CER- TAIN MINIMUM LOT DIMENSIONS; PROVIDING THAT THE HISTORIC PRESERVATION BOARD MAY 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 BASED UPON THE FINDINGS AND RECOMMENDATION OF THE PLANNING AND ZONING BOARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. ll-00A is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Jeff Costello, Principal Planner, stated that the previous City Commission reviewed this amendment on Harch 7, 2000. At that time the amendment included a provision that the Historic Preservation Board would have the authority to grant certain waivers. The Commission had concerns with that provi- sion and remanded the proposed amendment to the Historic Preser- vation Board for consideration. At the Historic Preservation Board meeting of April 5, 2000, the board recommended that the text amendment be adopted as originally proposed, with the Historic Preservation Board being able to grant waivers. Howev- er, the board requested that if the Commission decided not to delegate this authority, that the proposed notification be mailed ten days prior to the meeting at which the Historic Preservation Board would make its recommendation on the waiver as opposed to ten days prior to the Commission meeting. That would enable the HPB to take public comment into consideration before making a recommendation on a waiver request. -15- 05/02/00 The City Hanager commented that the reason this ordi- nance was generated is because of the situation that occurred with the Ogren house on the west side of North Swinton Avenue. The prospective purchaser wanted to split that property and build another house on a lot immediately north of the Sam Ogren house. That was very controversial in the neighborhood and we received a lot of complaints that there was not adequate given. That is why this ordinance was created. The City Manager fur- ther stated that because this is a sensitive issue, he felt it is something that the Commission may want to deal with directly. However, if the Commission chooses to delegate authority to the Historic Preservation Board, he suggested only giving the HPB waiver authority inside of the historic districts and not also to buildings on the Local Register of Historic Places which may be outside of a district because the neighborhood character- istics may be different outside of a historic district. Hayor Schmidt commented that he is concerned about the number of substandard lots throughout the town and he would be reluctant to delegate the Commission's authority to make the final decision on these waivers. Commissioner Schwartz commented that one of the ques- tions that came up at the goal-setting session was the capabili- ty of maintaining the price differential on the substandard 50 ft. lots. It was felt there should be a zoning change to allow the rear and side setbacks on these lots to be decreased so that people could add on to their homes without getting out of their price range. While he is extremely appreciative of everything the Historic Preservation Board does for the City, he felt that we would be changing the due process procedure if the ordinance were to be approved. Hs. HcCarthy commented that the term "substandard" is being used to describe the 50 ft. lots; however, prior to the City changing the criteria that the frontage of a lot had to be 60 feet when previously people could build homes on lots with 50 ft. frontage, these were not substandard lots. Due to changing the frontage, many of the 50 ft. lots are no longer buildable lots if they are not deep enough. This is different from creat- ing a lot which is really substandard. Hs. HcCarthy further stated that there are quite lots in town that have 50 ft. front- ages on blocks that have homes already built on 50 ft. lots. These lots are oftentimes in what we refer to as our affordable communities and what it takes for people who are trying to build an affordable house to get a waiver and the right to build on these lots is very costly and time consuming. She felt it to be an uneven parallel to turn around and say that it should be made easier for people in other areas where they want to build historical exceptions to the rule. -16- 05/02/00 To clarify, the City Hanager stated that 50 ft. lots are buildable if one has a 50 ft. lot by itself. The proposed ordinance only applies to the situation where the same person owns two (2) fifty ft. lots adjacent to each other. A person would not be allowed to separate those two lots and build two houses. It becomes more a question of whether to allow that additional density or not. Hs. HcCarthy further commented that she believes there is something of a time sensitive issue involved having to do with whether a 50 lot had been platted and the plat recorded by a certain date. If a 50 ft. lot has not been platted, it can be costly and time consuming in order to make the lot buildable. Hrs. Archer stated that she did not feel comfortable at this time turning over the waiver authority to the Historic Preservation Board and would prefer to see that kept in the hands of the City Commission. Mrs. Archer moved to approve Ordinance No. 11-00 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy - No. Said motion passed with a 3 to 2 vote. Mrs. Archer moved to DENY Ordinance No. ll-00A on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the City Commission returned to Item 6.C., a proclamation recognizing the members of the FAU Bed Race Team, inasmuch as the team had arrived at the meeting upon their return from competition in Hawaii. 6.C. Proclamation recognizing and commending the members of the Florida Atlantic University Football Program's Student Booster Team on their achievement of winning the 27th Annual Honolulu International Bed Race competition. Hayor Schmidt read and presented a proclamation recog- nizing and commending Staci Hawkins, Bill Eaton, Cedric Wil- liams, Shaun Thompson and Lee Pasick, members of the FAU Bed Race Team, for their victorious efforts in competing in the 27th Annual Honolulu International Bed Race and bringing home the title of WORLD CHAMPIONS! On behalf of the City of Delray Beach, the Mayor extended his congratulations on a job well done. -17- 05/02/00 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The City Hanager stated that he would be bringing the Davis Road matter to the City Commission in the near future. There is a site plan going through the approval process for development of the Tate property and the Davis Road issue needs to be addressed before the plans are finalized. He noted that the existing road was quit-claimed as part of the lawsuit settlement, so even though there is pavement there, whatever interest the City may or may not have had has been quit-claimed and the road right-of-way is primarily in the Lake Worth Drainage District canal right-of-way which is what started the whole problem in the first place. Nonetheless, the matter will be brought to the Commission for direction on how to proceed. The City Hanager then commented that in filing away the goal-setting materials that were worked on last week, he came across the goal-setting list from 1990. He found it inter- esting that the number one top priority in 1990 was finance and budgeting, which didn't even make the list this time around. He felt good that the City had addressed that issue to the point where people feel very secure about the City's financial status. He further commented that the issue of neighborhoods was quite a bit different than what is being talked about today, and distributed some detailed information on what was meant by neighborhoods at that time. Also, the tennis center issue at that time was about where to put the new center, whether to put it downtown or in a different location. The City Hanager thought it rather fascinating to see what has changed over the ten year period. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Perlman stated that he felt the goal-set- ting session was terrific and he truly enjoyed working with everybody. It was a long day that went by very quickly and he came out energized from it. He is looking forward to the fol- low-up sessions. Hr. Perlman then commented on his monitoring of the Carver Hiddle School boundary situation. He stated that he had recently met with Tom Lynch, who is well aware of the concerns that the City has and he will be taking them to the Superinten- dent. Certain issues, such as siting and the importance of schools to the economics of a community came up while Mr. Lynch -18- 05/02/00 was Hayor and he recognizes the importance of having a strong triangle with good neighborhoods, a healthy business community and good schools. Hr. Perlman was confident that the City can count on him as an ally. Hr. Perlman continued that notices have gone out on the public input session which will be held at Atlantic High School on Tuesday, May 23rd, at 7:00 p.m. He remarked that the notice is very difficult to follow and seems to indicate certain things that he, as a committee member, had not even heard about. Hr. Perlman stated that he will be meeting with some of the school officials at Carver Middle School on Friday, May 5th, where they are going to show him how they can increase the magnet program without any increase in dollars. He felt this would be a powerful argument to take to the School Board if a way can be shown to preserve and expand that magnet without a big dollar impact. 13.C.2. Commissioner Archer expressed concern that there have been some questions raised more than once with regard to processing requests through the Parking Management Advisory Board, particularly as it involves in-lieu fees. They meet so infrequently (once a month) that any delay can cause some substantial increase in expense, particularly with the smaller, infill developers. Hrs. Archer suggested that the Commission hold a joint workshop with the Parking Hanagement Advisory Board so that the Commission can listen to their concerns and also offer some direction to the board so that it can go forward, hopefully, in a more efficient manner. The balance of the City Commission felt that this would be a good idea. 13.C.3. Commissioner Schwartz had no comments or inquiries. 13.C.4. Commissioner McCarthy had no comments or inquiries. 13.C.5. Mayor Schmidt reiterated that he felt the goal setting session was excellent. It just confirmed what he felt going into the election process about if certain people got elected, the City would have an excellent Commission. There being no further business, adjourned by Hayor Schmidt at 8:00 p.m. the meeting was ATTEST: City Clerk -19- 05/02/00 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 City Commission held on Hay 2, 2000, which minutes were formally approved and adopted by the City Commis- sion 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. -20- 05/02/00 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 City Commission held on May 2, 2000, which minutes were formally approved and adopted by the City Commis- sion on / ~ity Clg~k 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. -19- 05/02/00