Loading...
06-06-00JUNE 6, 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, June 6, 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 Reverend Hajor Rollins with St. John Primitive Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. Hayor Schmidt noted the addition of Item 6.C. (Procla- mation recognizing and commending Tommy L. Stevens) to the agenda by addendum. Mayor Schmidt also requested that Item 8.A., Resolution No. 46-00, be moved from the consent agenda to the regular agenda as Item 9.AA., and that Item 8.E., Cross Access Easement and Parking Agreement/Urdl's Waterfall Crea- tions, be moved from the consent agenda to the regular agenda as Item 9.AAA. Hrs. Archer moved to approve the agenda as amended, seconded by Hr. Schwartz. 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: Mr. Schwartz moved to approve the Minutes of the Regular Meeting of May 16, 2000, seconded by Mrs. 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. o Proclamations: In recognition of June 14, 2000 as the 225th Birthday of the United States Army and declaring June 12-18, 2000 as United States Army Week. Hayor Schmidt read and presented the proclamation in recognition of the 225th Birthday of the United States Army and declaring June 12-18, 2000 as United States Army Week in the City of Delray Beach, and further expressing gratitude to those who have served and those who are now serving to protect our nation and its freedoms. Sergeant Michael Luff, United States Army, came for- ward to accept the proclamation. He extended an invitation for everyone to attend a birthday celebration on June 14, 2000, at the United States Army office located at 701 S.E. 6th Avenue in Delray Beach. 6.S. Recognizing and commending Alfred Etienne for his contributions to the community and on being the sixth recipient of Governor Bush's "Points of Light" Award. Hayor Schmidt read and presented a proclamation recog- nizing and commending Alfred Etienne for his contributions to the community and for being the sixth recipient of Governor Bush's "Points of Light" Award. Hr. Etienne came forward to accept the proclamation from Mayor Schmidt. Police Chief Richard Overman stated that Mr. Etienne is one of the finest gentlemen one could ever meet, and he has become a part of the Delray Beach Police family. Chief Overman expressed his appreciation to the City Commission for recogniz- ing Hr. Etienne and his contributions to the community. 6.C. OF NOTE: Recognizing and commending Tommy L. Stevens for his outstanding service to his community and the Roots Cultural Festival, Inc. (By Addendum) Hayor Schmidt made special note of a proclamation that was presented to Tommy Stevens on May 19, 2000, in recognition of the outstanding service to his community and all of the hard work done by Mr. Stevens in connection with the Roots Cultural Festival. o Presentations: 7.a. Employee Suggestion Award - James Hilgenfeldt, Senior -2- 06/06/00 Fleet Technician. Robert A. Barcinski, Assistant City Manager, explained that Mr. Hilgenfeldt, Senior Fleet Technician in the Fleet Hanagement group, suggested that the City replace the full size wheel hubcaps on police vehicles with a small cap that just covers the center of the wheel rim. This suggestion was made because the City was losing about one to two hubcaps per week. The difference in cost is approximately $23 per hubcap. By using the smaller caps, Hr. Hilgenfeldt's suggestion will save the City approximately $2,800 annually. Hr. Hilgenfeldt came forward to accept an award in the amount of $560 from Hayor Schmidt for his cost-saving suggestion. CONSENT AGENDA: City Manager recommends approval. 8.a. MOVED TO THE REGULAR AGENDA AS ITEM 9.AA. RIGHT-OF-WAY DEED, HOLD HARMLESS AGREEMENT & LANDSCAPE MAINTENANCE AGREEMENT/GOODWILL INDUSTRIES: Accept a right-of- way deed, hold harmless agreement and landscape maintenance agreement associated with Goodwill Industries at 1640 North Federal Highway. The subject property is located approximately 600 feet north of N.E. 14th Street between North Federal Highway and Old Dixie Highway, within the GC (General Commercial) dis- trict and the North Federal Highway Redevelopment Area. 8.C. AGREEMENT FOR SIDEWALK IMPROVEMENTS/GOODWILL INDUS- TRIES: Approve an agreement between the City and 1640 Federal Highway, L.C. (Goodwill Industries) to allow the deferral of sidewalk improvements along Old Dixie Highway until such time as the City requests the sidewalk to be constructed. 8.D. ACCEPTANCE OF EASEMENT DEED/GOODWILL INDUSTRIES: Accept an easement deed conveying to the City a 12 ft. utility easement for an existing east/west water main which crosses the property at 1640 North Federal Highway, associated with Goodwill Industries. 8.E. MOVED TO THE REGULAR AGENDA AS ITEM 9.AAA. AGREEMENT FOR SIDEWALK IMPROVEMENTS/STORAGE AMERICA: Approve an agreement between the City and Storage America L.L.C. to allow the deferral of sidewalk improvements within the S.W. 14th Avenue right-of-way, associated with the construction of a self-storage facility, until such time as the City requests the sidewalk to be constructed. The subject property is located on the north side of S.W. 10th Street between S.W. 14th & 15th Avenues. 3 06/06/00 8.G. RIGHT-OF-WAY USE AGREEMENT WITH E.SPIRE: Approve a right-of-way use agreement with American Communication Services of Jacksonville, Inc. d/b/a E.Spire to allow that company to use the City's rights-of-way in order to install cable for telecommunication services. 8.H. DEVELOPER'S AGREEMENT/WINTERPLACE PUD: Approve an agreement between the City and Brighton at Delray Beach, L.C., the developer of Winterplace PUD, which provides for a reduction in connection fees in exchange for the developer installing larger force main piping to accommodate future flows. 8.I. HOLD HARMLESS AGREEMENT/COURTYARDS OF DELRAY: Approve a hold harmless agreement between New Urban Communities Corp., the developer of Courtyards of Delray, and the City wherein the City agrees to act as the utility permit applicant for the purpose of constructing water main extensions within FDOT right- of-way (northbound and southbound Federal Highway) and the developer agrees to hold the City harmless for work performed under the permit. 8.J. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $98,182.66 for five (5) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924- 554-83.01 (SHIP Program), representing the 102nd, 103rd, 104th, 105th and 106th homeownership assistance grants provided through the program to-date. 8.K. SUBORDINATION OF MORTGAGE/COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Authorize and approve subordination of the City's second mortgage in the amount of $12,333.33 to allow the homeowner to secure a new loan for debt consolidation. 8.5. SUBSTITUTE SUBRECIPIENT FUNDING AGREEMENT UNDER CDBG PROGRAM: Approve the termination of a subrecipient funding agreement with Business & Economic Development & Revitalization (BEDR) Corporation, and the substitution of the Fair Housing Center of Greater Palm Beaches, Inc. as the new service provider for the remaining four months of the contract. 8.M. MODIFICATION OF STANDARDS FOR APPROVAL/BOAT LIFT AT 1708 SOUTH OCEAN BOULEVARD: Approve modifications to the stan- dards for approval pursuant to LDR Section 7.9.11 and 7.9.5(B) to allow the construction of a boat lift at 1708 South Ocean Boulevard. 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 15, 2000 through June 2, 2000. 8.0. AWARD OF BIDS AND CONTRACTS: -4- 06/06/00 Purchase award in the amount of $51,019.00 to Portacel Disinfection Systems through the author- ized manufacturer's representative RC Beach & Associates, sole source vendor, for the purchase of upgraded manufacturer replacement parts for the Water Treatment Plant's chlorinators, with funding from 442-5178-536-61.76 (Water & Sewer R&R - Equipment Replacement Program). o Bid award in the total amount of $352,909.09 to Ahrens Enterprises, Inc. d/b/a Ahrens Companies for construction of the ESD Maintenance Building Expansion ($133,547.00) and Parks Haintenance Building Expansion ($215,136.00), plus alternate one ($1,846.79) for painting the ESD maintenance building after completion and alternate two ($2,379.30) for masonry door enclosure in ESD Administration Building, with funding in the amount of $215,136 from 334-4131-572-62.10 (Parks Haintenance Building) and $137,773.09 from 441- 5161-536-62.10 (W&S Buildings - ESD Maintenance Expansion). o Contract award in the amount of $15,500.00 to E.C. Stokes Mechanical Contractor, Inc. for the City Hall HVAC, Chillers and Tracer Unit annual maintenance contract, with funding from 001-1802- 512-46.20 (Equipment Haintenance) . o Purchase order addition in the amount of $18,500.00 to Colonna Construction, under exist- ing contract via Broward County pricing, for miscellaneous asphalt repairs and patching as a result of utility work within paved areas, with funding from 442-5178-536-31.90 (Water & Sewer R&R - Other Professional Services). Hr. Perlman moved to approve the consent agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commis- sion 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. o REGULAR AGENDA: 9.AA. RESOLUTION NO. 46-00: Consider approval of a resolu- tion authorizing the execution of a Highway Beautification Grant and Maintenance Memorandum of Agreement between the Florida Department of Transportation (FDOT) and the City for Atlantic Avenue from Swinton Avenue west to NW/SW 2nd Avenue. 5 06/06/00 The caption of Resolution No. 46-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT. (The official copy of Resolution No. 46-00 is on file in the City Clerk's office.) Hayor Schmidt stated that he removed this item from the consent agenda because the diagram attached to the agreement shows a roundabout at the intersection of Swinton Avenue and Atlantic Avenue. He received a telephone call earlier in the day expressing concern about whether the City was committing itself to building the roundabout if the funding was accepted. Hayor Schmidt stated that he had discussed it with the City Hanager and wanted that discussion to be placed on the record. The City Hanager stated that this does not constitute a commitment on the part of the City to build the roundabout at this time. The City is committing to some beautification of those two blocks which is appropriate. The Hanager further stated that the roundabout issue will be discussed in greater detail at the June 13th workshop as to how we might do a tempo- rary roundabout to try it out to see if it works or not. But accepting this agreement does not commit the City to build it. Regarding the subject HPO grant, the City Hanager commented that the City has previously accepted four grants for beautification along West Atlantic Avenue (two ISTEA grants and two Beautiful Palm Beaches grants). This grant will be the fifth, and on June 20th the Commission will be asked to approve the initial application for a sixth grant which will be for the section between 10th and 12th Avenues. That will complete the entire length of West Atlantic Avenue. It has taken several years to pull all of this together, but at this point there is a commitment of well over $1 million without counting the grant on tonight's agenda and the one coming on June 20th. Construction is expected to begin later this year on the first portion of the work. Hr. Schwartz commented that the landscape plans indi- cate there will be coconut palms included in the beautification project. He expressed concern about using coconut palms in the downtown area since they could pose a danger to people and property in the event of a fairly brisk storm. The City Manager stated that the City has a lot of coconut palms in its landscaping, all the way up and down Atlan- tic Avenue and on Swinton Avenue. If this is a concern, then at some point there should be discussion as to whether or not the City Commission wants to continue this theme. -6- 06/06/00 Mrs. Archer moved to approve Resolution No. 46-00, seconded by Hr. Perlman. 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. CROSS ACCESS EASEMENT AND PARKING AGREEMENT/URDL'S WATERFALL CREATIONS: Approve a cross access easement and park- ing agreement for Urdl's Waterfall Creations, located on the south side of N.W. 1st Street approximately 430 feet west of Congress Avenue. Hayor Schmidt stated that he pulled this item from the consent agenda because he represented the seller in this transaction. Therefore, he passed the gavel to Vice Mayor Archer and stepped down on the item. Hr. Schwartz moved to approve the cross access ease- ment and parking agreement for Urdl's Waterfall Creations, 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. Hayor Schmidt returned to the dais at this time. 9.a. RESOLUTION NO. 47-00 (RESOLUTION OF NECESSITY FOR PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT): Consider approval of a resolution declaring the necessity for public improvements for that segment of Pineapple Grove Way from the first alley intersection just north of Atlantic Avenue to N.E. 4th Street, and directing the establishment of a special assess- ment district to defray a part of the expense for such improve- ments. The caption of Resolution No. 47-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THAT SEGMENT OF PINEAPPLE GROVE WAY FROM THE FIRST ALLEY INTERSECTION JUST NORTH OF ATLANTIC AVENUE TO N.E. 4TH STREET, AS SHOWN ON EXHIBIT "A", AND DIRECTING THE ESTABLISH- MENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR PUBLIC IMPROVEMENTS TO THAT SEGMENT OF PINEAPPLE GROVE WAY DESCRIBED HEREIN; PROVIDING FOR THE ESTINLATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESS- MENT ROLL. -7- 06/06/00 (The official copy of Resolution No. 47-00 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated that there is one question about the amount of time that the property owners would have to pay back the special assessment. The City has usually allowed the property owners to pay the assessment over a ten year period at 8% interest. Pineapple Grove has requested that the City allow the property owners twenty (20) years in which to pay the assessment because the properties are being assessed on a lineal foot basis and there are some rather large properties in the proposed special assessment district. After discussion, it was the consensus of the City Commission to accept a payment term of twenty (20) years for the assessment district. Mr. Schwartz moved to approve Resolution No. 47-00, including a payment term of twenty years. The motion was seconded by Hr. 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. 9.S. RESOLUTION NO. 48-00 (SETTING PUBLIC HEARING DATE FOR PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT): Consider approval of a resolution setting the public hearing date as July 25, 2000 for the establishment of the Pineapple Grove Phase II Special Assessment District, and providing for the mailing and publication of required notices. The caption of Resolution No. 48-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING REGARDING THE CONSIDERATION OF THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVID- ING AN EFFECTIVE DATE. (The official copy of Resolution No. 48-00 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated that the resolution sets the public hearing date for the Pineapple Grove Way Special Assessment District for July 25, 2000, at which time the Commission will consider adoption of the preliminary assess- ment roll. 8 06/06/00 Mrs. Archer moved to approve Resolution No. 48-00, seconded by Ms. McCarthy. 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. RELOCATION OF THE HISTORICAL GREEN MARKET: Consider a request to relocate the Historical Green Market to the Tennis Center parking lot. Chris Brown, Executive Director of the CRA, introduced Lori Moore, Green Market manager. He discussed the fact that this year's green market was a bit slower than the three previ- ous years. In looking at it, it was felt that by moving the market to the tennis center site there would be greater exposure to the general public. It would also be in keeping with the goal of having more social and community activities on West Atlantic Avenue. The CRA Board reviewed and endorsed the proposal. Mr. Brown and Ms. Moore discussed the idea with Mr. Dubin who was very supportive of the idea as he felt it would also be a great opportunity to promote the tennis center. The market itself would be located on the eastern portion of the front parking lot, and then the CRA parking lot on 1st Avenue could be used for both tennis and market patrons. Hr. Brown summarized that the request is to use the tennis center parking lot for the next year beginning in October to place the green market on West Atlantic Avenue, with the understanding that on those days when there is an event at the tennis center, the market will move to another location as it has done in past years. Hrs. Archer expressed concern about the green market vendors parking their trucks and such in the parking lot or along West Atlantic Avenue. With everything that the City is doing right now to beautify West Atlantic as well as the naming rights consideration, she felt this would be rather unattractive and that the timing might not be right. She understood the importance of having the market on West Atlantic Avenue for the exposure and visibility, but was not sure that this would be the right time to do it. Hr. Perlman stated that he felt the market would benefit from the West Atlantic Avenue visibility. His only concern was how the tennis players would react to such an ar- rangement. Hs. Hoore responded that Saturday morning is the slowest morning of the week at the tennis center according to Hr. Dubin, and that he did not think that the tennis patrons would have a problem with it. Hr. Schwartz commented that he wants to see the market continue and be successful, but he is concerned about the issues raised by Mrs. Archer. -9- 06/06/00 Hs. Hoore stated that the vendor parking would remain in the vacant field next to the northernmost CRA parking lot so the vendors' vehicles would not be seen from Atlantic Avenue. She felt the market itself is very attractive and inviting once it is all set up. Hr. Brown concurred that they would not want to have truck parking on Atlantic Avenue as it would distract from the ambiance of the market. Hrs. Archer stated that she would have no objection to trying this location for the time being as long as the vendors' vehicles are not parked on Atlantic Avenue. Hr. Brown commented that Hr. Dubin had indicated he would be willing to allow the market for two years. The idea is to eventually bring the market to West Atlantic on a permanent basis. The current thinking is that whatever is developed on the south side at the Discount Auto site would probably be the eventual, final destination for the green market because that is where all of the parking will eventually be. Mrs. Archer moved to approve the request to relocate the Green Market to the east end of the Tennis Center parking lot subject to the conditions recommended by staff. The motion was seconded by Ms. McCarthy. 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. 9.D. CONDITIONAL USE REQUEST/OUTDOOR DINING FOR DADA LOUNGE: Consider a request for conditional use approval to establish an outdoor dining area which operates at night for DaDa Lounge (f/k/a Damiano's) . The subject property is located at the southwest corner of Swinton Avenue and N.W. 1st Street, and is zoned OSSHAD (Old School Square Historic Arts District). QUASI-JUDICIAL PROCEEDING The City Attorney stated that this item would be conducted as a quasi-judicial hearing which allows for presenta- tions 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 explained that the conditional use request is to allow outdoor dining at night associated with the establishment of a new restaurant, DaDa Lounge. The development proposal is to construct a brick paver outdoor dining area on the east side of the existing building immediately adjacent to Swinton Avenue. Hs. Dominguez noted -10- 06/06/00 that this is an expansion of use area and the applicant will be purchasing four (4) parking spaces in the CRA's parking lot to the southwest of the property. She continued that the request was reviewed by the Historic Preservation Board on May 3, 2000. The Board recommended approval, subject to the condition that the adjacent resident to the south be taken into consideration and that no outdoor seating or service should be permitted after 10:00 p.m. unless the adjacent resident (Hrs. Lang) had no objection to allowing the outdoor drinking and dining to contin- ue until 2:00 a.m. Hrs. Lang was contacted by staff and she indicated that she has no objection to the outdoor dining area or the hours of operation. Ms. Dominguez stated that the Planning and Zoning Board held a public hearing on the conditional use request on Hay 22, 2000. There was no public testimony. After discussion, the Board voted 5 to 1 (the dissenting vote was due to concerns with the late hours of operation and the noise which may be generated by the outdoor dining area) to recommend approval based upon positive findings with respect to Chapter 3 (Perfor- mance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations and the policies of the Comprehensive Plan, and subject to the following conditions: (1) That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns noted herein; (2) That a Unity of Title or off-site parking agree- ment be provided for the four (4) parking spaces to be purchased from the CRA; and (3) That there be no amplified music outdoors. Lindsay Walter, Kilday & Associates, representing the property owner, stated that the recommended approval are acceptable to the applicant. conditions of At this point the proceeding was opened to the public. Speaking from the audience was the following: Mary Lou Jamison, 515 North Swinton Avenue, expressed some concern about potential noise problems and asked if a time limit was going to be imposed as a part of the approval? The City Attorney advised that there was no time limit included in the recommended conditions of approval. Hayor Schmidt noted that the operation would be subject to the City's noise ordinance. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. -11- 06/06/00 Hr. Schwartz moved to approve the conditional use request to establish an outdoor dining area which operates at night for DaDa Lounge, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) of the Land Development Regulations, and policies of the Comprehensive Plan, and subject to the conditions of approval recommended by the Planning and Zoning Board. The motion was seconded by Mrs. Archer. 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. 9.E. CONDITIONAL USE MODIFICATION/HESS GASOLINE STATION: Consider a request for conditional use modification to allow the demolition of an existing Hess Gasoline Station and reconstruc- tion of a new gasoline station with a convenience store. The subject property is located on the east side of Hilitary Trail, approximately 400 feet north of West Atlantic Avenue, and is zoned GC (General Commercial) District. QUASI-JUDICIAL PROCEED- ING 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 the subject property contains a Hess gasoline service station with five (5) fuel pumps as well as a two-story office/commercial building. The conditional use modification request is for demolition of the existing office building and gas station and construction of a 1,662 sq.ft, convenience store/gas station with four (4) double-sided fuel pumps (eight dispensers) under a 3,180 sq.ft, canopy. The proposed gasoline station and conve- nience store/food mart will operate 24 hours per day. Hs. Dominguez continued that the Planning and Zoning Board considered the request at a public hearing on Hay 22, 2000. There was no public testimony, and the Board 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 the policies of the Compre- hensive Plan, and subject to the following conditions: (1) That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and Technical Items contained within the staff report; however, -12- 06/06/00 final disposition of Technical Items 2 and 5 shall be within the purview of the Site Plan Review and Appearance Board; (2) That the design of the parking areas be handled through the site plan process, with final disposition by the Site Plan Review and Appearance Board; and (3) That a photometric plan be submitted in accor- dance with LDR Section 4.6.8. The photometric plan shall indi- cate that the canopy lighting is recessed so that they are not visible from the adjacent property. Dick Koker, attorney representing Amerada Hess Corporation, the owner and operator of the property, stated that the recommended conditions of approval are acceptable to the applicant. At this point the proceeding was opened to the public. There being no one who, having been duly sworn, wished to address the Commission, the public hearing was closed. Hrs. Archer expressed some concern about the 24 hour operation of the facility and how that might lend itself to criminal activity. She asked if there would be access to the interior of the store all 24 hours? Reed Cook, Amerada Hess Corporation, responded that there would be access to the convenience store on a 24 hour basis. He was not aware of any problems with crime at this particular location, but if it were to become a problem there is the ability to set up a pass-through box. Hs. HcCarthy commented that there had been some con- cern about the tank trucks having enough room to maneuver on this site, and asked if this issue had been addressed? Hs. Dominguez stated that this issue has been resolved and will be worked out in greater detail through the site plan approval process. Hs. HcCarthy moved to approve the conditional use modification request for the Hess Express Gas Station, 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, and subject to the conditions of approval recommended by the Planning and Zoning Board. The motion was seconded by Mrs. Archer. 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. 9.F. CONDITIONAL USE REQUEST/THE CAR PLACE UNLIMITED: Consider a request for conditional use approval to allow the -13- 06/06/00 establishment of a window tinting operation and the installation and sales of car stereos and security devices for The Car Place Unlimited, Inc. within the Congress Square Industrial develop- ment. The subject property is located at the northeast corner of Congress Avenue and Marty Fladell Drive, 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 the site and development plan for Congress Industrial Square was approved with conditions by the Site Plan Review and Appearance Board in January, 1998. The project is currently under construction and is nearing completion. The request is to establish a window tinting, car stereo and security sales and installation operation for The Car Place Unlimited. The use falls within the category of automobile paint, body and repair, and requires conditional use approval. The business will occupy two bays at the north end of the building. Hs. Dominguez continued that the Planning and Zoning Board considered the request at a public hearing on Hay 22, 2000. There was no public testimony, and the Board 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 the policies of the Compre- hensive Plan. Albert Robert, applicant, briefly discussed his busi- ness operation and stated that he was available to answer any questions. At this point the proceeding was opened to the public. There being no one who, having been duly sworn, wished to address the Commission, the public hearing was closed. Upon question from Mrs. Archer, Mr. Robert stated that there will be no outside overnight storage of vehicles. Ail vehicles will be kept inside of the bay which is where all of the work will be done. There will be no outside storage of any kind. request Hr. Schwartz moved to approve the conditional use to establish a window tinting and car stereo -14- 06/06/00 sales/installation operation for The Car Place Unlimited within Congress Industrial Square, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. The motion was 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. FLORIDA MUNICIPAL INSURANCE TRUST/TRUSTEE NOMINATIONS: Consider if there is any interest in having a City Commission member's name placed in nomination for election to the Florida Municipal Insurance Trust Board of Trustees. Hrs. Archer inquired as to how many trustees serve on the board and what impact we might be able to make? The City Manager stated that the Municipal Insurance Trust provides several different types of insurance. The City currently gets its health insurance from the Trust. They also do workers compensation, liability and various other kinds of insurance that municipalities need. One factor to consider is that the City's health insurance contract runs out in about a year. If the City rebids and ends up awarding to another ven- dor, then the seat would be lost at that point because the City would no longer have coverage through the Trust. Commissioner Schwartz stated that he might be interested in serving. He has previously had experience with insurance and so perhaps could be of some help, and it might also be of some benefit to the City of Delray Beach to have representation on the board. Hayor suggested tabling the item until the June 20th regular meeting to give the City Hanager an opportunity to try to get answers to the questions raised by the Commission. Mr. Schwartz moved to table Item 9.G. to the regular meeting of June 20, 2000. The motion was seconded by Hs. McCarthy. 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.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz on the Avenue scheduled for June 29, 2000, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. Robert A. Barcinski, Assistant City Manager, presented -15- 06/06/00 an overview of the special event request. Hrs. Archer moved to approve the special event request for the June 29th Art & Jazz on the Avenue, based upon and subject to the staff recommendation. The motion was seconded by Ms. McCarthy. 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 7:05 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10 .A. RESOLUTION NO. 45-00 (SEACREST/DEL-IDA SPECIAL ASSESS- MENT DISTRICT): Consider approval of a resolution for the certification and adoption of the preliminary assessment roll for the Seacrest/Del-Ida special assessment district. The City Manager presented Resolution No. 45-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE PRELIMINARY ASSESSMENT ROLL FOR THE SEACREST/ DEL-IDA SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES GENERALLY NORTH OF N.E. 4TH STREET, SOUTH OF N.E. 22ND LANE, WEST OF THE FEC RAILROAD, AND EAST OF SWINTON AVENUE, AS MORE FULLY DESCRIBED HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 45-00 is on file in the City Clerk's office.) Randal Krejcarek, City Engineer, presented a brief history of how the proposed project came into focus, culminating with the adoption of the Seacrest/Del-Ida Park Neighborhood Plan by the City Commission in Harch of 1998. He continued with an overview of the improvements programmed for the special assess- ment district, which focus on street beautification, infrastruc- ture upgrades and traffic calming elements. With respect to traffic calming, Hr. Krejcarek stated that the installation of speed humps was in the plan when it first began. However, because there was a court case pending on speed humps, the decision was made to eliminate them so as not to hold up the -16- 06/06/00 plan. In lieu of the speed humps, additional divider medians were included as traffic calming measures. Hr. Krejcarek then discussed the financing plan as proposed through the special assessment district, noting that the assessment is on a square foot basis. As far as the speed humps are concerned, the City Hanager stated that staff recognizes that there will probably be some areas that will still need to have speed humps to control speeding. They will be put in wherever they are needed, but staff did not feel it was appropriate at this time to show them on the plan. The additional splitter islands were added and should help to reduce the number of speed humps that are needed, but they will be added later as they are needed. On question from Hrs. Archer, Hr. Krejcarek stated that part of the street beautification element involves the removal of paved swale areas and replacement with grass. The intent is to remove all of the pavement within the swale area, partly because it is a part of the plan but also because of the NPDES (National Pollutant Discharge Elimination System) permit. One of the requirements of the City under this permit is to show water quality improvement of the stormwater. One of the ways that the City has committed to do this is through the removal of pavement in swales. Hr. Krejcarek acknowledged that there are some residences where the paved swale in front of the house is the only parking available. In those instances, staff will work with the residents to come up with some alternative way of providing parking that impacts the swale area less than what it does now. Situations such as this would be part of the cost that is to be assessed. On question from Hs. HcCarthy, Hr. Krejcarek stated that the only differences between the neighborhood plan that was adopted in Harch 1998 and the plan as it is proposed now are that the speed humps have been temporarily removed and the splitter islands have been added. On question from Mr. Schwartz, the City Attorney stated that there was a case out of Sarasota that challenged whether cities had the right under state statutes to install things like speed humps that are not per FDOT regulations. The case went on for a little while and impacted the Seacrest/ Del- Ida neighborhood plan some because the City did not know how the court would rule. Basically, the court concluded that the person that was challenging the city's right to do these things could not bring a private cause of action under that statute, so that eliminated the risk that the City was trying to avoid when the speed humps were taken out of the plan. On further question from Hr. Schwartz, Hr. Krejcarek -17- 06/06/00 responded that splitter islands or medians serve to calm traffic by acting as a deterrent to through traffic into residential neighborhoods. The City Hanager also pointed out that the islands physically prohibit cars from crossing into a street's centerline so that the driver has to slow down to make a turn onto that street. 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 Schmidt declared the public Speaking from the audience were the following: hearing open. Greg Paige, 246 N. Dixie Boulevard, stated that he supports putting the speed humps back into the plan. Approxi- mately two years ago, property owners asked for approval of things such as speed humps, some of the roundabouts, and stick- ing to a timetable. He felt that if the City is going to assess property owners in the Seacrest/Del-Ida neighborhoods, then they should be assessed for what they thought they were going to get two years ago. Doug Mackiewicz, 721 North Swinton Avenue, represent- ing the residents of George Bush Boulevard located east of Swinton Avenue and west of Second Avenue, read a petition into the record that was signed by these residents opposing the Seacrest/Del-Ida improvement proposal until certain traffic problems are addressed. Hr. Hackiewicz submitted the petition into the record (a copy of which is attached hereto and made a part of these minutes). Keith Harty, 225 N.E. 14th Street, expressed his appreciation for the City's efforts to assist in improving the neighborhood. However, he stated that N.E. 14th Street is a residential street that is used as a cut-through for traffic going east and west to and from Federal Highway, the majority of which speeds down the street. He expressed concern about the safety of young children who live and play in the neighborhood. He noted that the original improvement plan did include speed humps and felt that safety should be given priority over aesthetics. Hr. Harty submitted for the record a petition signed by the residents of N.E. 14th Street in support of the installation of speed humps on that roadway (a copy of which is attached hereto and made a part of these minutes). Charles G. Owen, 258 N.E. 22nd Street, spoke in opposition to the Seacrest/Del-Ida special assessment district. Mr. Owen stated that he cannot afford to pay the assessment amount that is being proposed. He submitted for the record a letter opposing the improvement proposal (a copy of which is attached hereto and made a part of these minutes). -18- 06/06/00 Terry Sullivan, 215 N.E. 22nd Street, stated that he felt the monies for the assessment were miniscule, but expressed concern about what one is getting for what is being paid. He stated that it was his understanding that part of the money was to go for con~unity parking areas. If that is the case, Mr. Sullivan felt that the only people who would benefit would be those people who have apartment properties in the neighborhood of these lots. Maria T. Seiler, 204 Seacrest Circle, echoed Mr. Sullivan's remarks and also expressed concern about the trees that are proposed. She stated that the amount of the assessment is too high since she would only get two cabbage palms for her money. Bill Hegstrom, 225 N.E. 22nd Street, questioned the method being used for the assessment and disagreed with the entire plan. Randy Cooper, 222 N.E. 22nd Lane, strongly opposed the special assessment proposal. He questioned why he will be getting nothing for the amount of money that he is being asked to pay? Ron A. HcCrief, 211 N.E. 9th Street, reiterated the concerns about the cost of the improvements in relation to the benefit that different property owners are going to receive. He stated that his property is currently undergoing the first phase of the assessment project and he feels the quality of the work- manship needs improvement. He felt that the City should have better planned for the assessment and would like to see the money spent on things that are really needed rather than being wasted. Louis Brunetti, 111 S. Swinton Circle, stated that he does not live in the area proposed for the improvements and is opposed to paying the assessment. Paul Rice, 116 N.E. 6th Street, stated that he is opposed to the assessment and is against paying such a substan- tial amount of money for a sidewalk. Larry Fine, 238-240 N.E. 5th Terrace, expressed specific concerns about the parking in front of his home in relation to the concept of swales. He felt that these concerns need to be addressed before the plan is implemented. Beril Kruger, 9 N.E. 16th Street, stated that his primary concern is the traffic and speeding on his street. It is used as a cut-through, with heavy traffic and people constantly driving in excess of the 25 mph speed limit. Hr. -19- 06/06/00 Kruger also stated that the neighborhood is too dark and it is difficult while driving to see around corners since some of the hedges exceed the height limitation. He urged the Commission to consider installing street lights to help make the neighborhood a safer place to drive instead of planting trees in the swales. Janet Atkinson, 1602 Highland Lane, thanked the Commission for having the public hearing for the assessment. She asked for clarification as to when the public hearing was held for the neighborhood plan approval? She stated that the City should have notified her by letter so that she would have had the opportunity to come to the Commission before the plan was adopted. Hs. Atkinson stated that she is opposed to the assessment because all she will be getting is a swale and feels this will not be an improvement to her property. In addition, Hs. Atkinson asked the Commission what the proper procedure would be for neighbors if they want to question the amount that they are being assessed? In response, Hayor Schmidt stated that if there is a discrepancy, people will need to contact the City Hanager's office so that the assessment can be reevaluated and perhaps adjusted. John P. O'Neil, 257 N.E. 14th Street, stated that 14th Street is used as a cut-through and expressed concern about the excessive speeding in the neighborhood. He is concerned for the safety of the children in the area and stated that if sidewalks are being proposed for his neighborhood, he would urge the Commission to consider installing speed humps as well. Scott Christensen, 10 N.E. 13th Street, stated that during the last four years there have been eight public meetings and monthly association meetings held at the Community Center concerning this plan. A tremendous amount of work has gone into it, involving the neighborhood association, the City planners and the CRA toward the betterment of the entire community. With respect to the swale issue, Mr. Christensen stated there is a tremendous amount of asphalt that has been put in the swales over the years which needs to be removed to allow for drainage. Where the water main work has already been done, the drainage problems on those streets has been taken care of. Sarah B. Greeley, 109 Dixie Boulevard, thanked every- one who participated in the development of the plan but felt that there is still some confusion. If at all possible, she urged the Commission to table this item temporarily so that there could be one more public hearing or workshop meeting to work out some of the significant problems such as safety, drain- age, and speed humps. David L. Gottschall, 103 N.E. 18th Street, commented -20- 06/06/00 that it is very difficult to see when pulling out of the streets onto Swinton or Second Avenue because of the trees and hedges that block the view. He felt that the City should enforce the existing codes before making any improvements that he feels are ultimately not going to help the City. William Bower, owner of commercial property located at 275 George Bush Boulevard, stated that there are sidewalks being proposed for the front of his property. He asked the Commission to consider allowing him to install the sidewalks himself since he is currently doing some improvements and also happens to be a general contractor. Mr. Bower also felt that the assessment is rather high and he could save a lot of money by installing the sidewalks himself. Mr. Bower also expressed concern about the speed of the trains that pass by at night and on the weekends and asked if something could be done about that matter. Anne Gannon, 236 N. Dixie Boulevard, encouraged people to get involved with their homeowner associations to keep up with what is going on. She felt that the improvements proposed for the district would definitely increase the property values in the neighborhood. She also agreed that speeding is a problem and stated that people need to be more considerate by driving the speed limit. She reiterated that this is a step forward for the neighborhood and that she supports the plan wholeheartedly. Rena Foley, 255 George Bush Boulevard, spoke in favor of the assessment. She is very willing to take her assessment and apply it for the greater good of the entire neighborhood. She stated that everything that happens to the neighborhood as a whole benefits everyone. Toni Del Fiandra, 14 Dixie Boulevard, stated that her heart goes out to those who have high assessments. She comment- ed that at a previous association meeting she questioned the eight percent interest rate and asked if there would be any prepayment penalty. While she realizes that not everyone will be totally happy, the idea is to improve the entire area and then everyone will benefit. There being no one else who wished to address the City Commission on this item, the public hearing was closed. At this point, Hr. Krejcarek responded to some of the questions and concerns that had been raised such as with respect to the stormwater issue and replenishment of groundwater through restoration of grass swales. He emphasized that the City is aware there are individual problems with parking and the like, and that staff will work with property owners to modify the plan to accommodate different circumstances. Mr. Schwartz moved to approve Resolution No. 45-00, -21- 06/06/00 seconded by Mrs. Archer. Discussion by the Commission followed. Hs. HcCarthy encouraged those people with individual problems to contact the City Hanager so that staff will be able to work with them in an effort to address the various issues. Hr. Perlman stated that he felt with all of the ques- tions that were raised this evening it might be better to go back to the drawing board and take a little more time to look at the concerns. Hayor Schmidt commented that he felt it was imperative for the residents to look at the overall picture and the favor- able impact the improvements are going to have on the overall quality of life in the neighborhood. He stated that a lot of hard work has gone into the plan over the past three years, and he felt that it was time to move forward with it. If there are some revisions which need to be made insofar as traffic and speed control, they can be worked in as the plan progresses, but he would not want to see the plan held up any longer. Upon roll call the Commission voted as follows: Hs. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 1 vote. At this point, the time being 8:30 p.m., the Commis- sion took a five minute recess. Hayor Schmidt reconvened the meeting at 8:35 p.m. 10 .B. ORDINANCE NO. 13-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Appendix A, "Definitions", of the Land Development Regulations regarding dwelling units and other habitable structures. If passed, a second public hearing will be scheduled for June 20, 2000. The City Manager presented Ordinance No. 13-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING APPENDIX "A", "DEFINITIONS", TO CLARIFY CERTAIN DEFINI- TIONS REGARDING DWELLING UNITS AND OTHER HABITABLE STRUCTURES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-00 is on file in the City Clerk's office.) -22- 06/06/00 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. Speaking from the audience was the following: John Bennett, 137 Seabreeze Avenue, stated that he felt some of the definitions could be improved upon, especially as relates to consistency with language already contained in the Land Development Regulations. As an example, he suggested the use of 'residential inn' as opposed to 'residential type inn', simply for clarity and ease of reading. There being no one else who wished to address the Commission, the public hearing was closed. Diane Dominguez, Director of Planning and Zoning, noted that there was one change in the definition of boarding and rooming house, i.e. "...where more than one of the individu- al rooms or partitioned areas are occupied ...". She stated that the point of the amendment is to clarify the differences between the different types of dwelling units and habitable structures. She did not expect it to have a major impact on the enforcement of the City's rules and regulations. Mrs. Archer moved to approve Ordinance No. 13-00 on FIRST Reading, 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. 10 .C. ORDINANCE NO. 12-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.4.18(B) (4) to allow limousine services as a principal use within the Service Industry land use category of the Planned Commerce Center (PCC) District. If passed, a second public hearing will be scheduled for June 20, 2000. The City Manager presented Ordinance No. 12-00: AN ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC) DISTRICT", SUBSECTION 4.4.18(B), "ALLOWED USES", SUB- PARAGRAPH 4.4.18(B) (4), "SERVICE INDUSTRY", BY ADDING 'LIMOUSINE SERVICES WITH NO VEHI- CLE REPAIR OR DETAILING ON THE PREMISES' AS A PERMITTED USE; PROVIDING A SAVING CLAUSE, -23- 06/06/00 A GENERAL REPEALER CLAUSE, A_ND A_N EFFECTIVE DATE. (The official copy of Ordinance No. 12-00 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. Mr. Schwartz moved to approve Ordinance No. 12-00 on FIRST Reading, 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. 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. In response to Mr. Defoe's prior comments regarding the school concurrency issue, the City Hanager stated that the actual agreements to put the concurrency into affect have still not been finalized. The City Hanager stated that he is not sure why Palm Beach County chose to approve the agreements;; however, he cannot recommend the same course of action. The City Hanager stated that there are still changes being made to the agreements and advised the Commission to wait on taking any final action until the City reviews the final agreements. Furthermore, the City Manager stated that hopefully when the agreements are finalized, there would be something the City can support and move forward on. In response to Hr. Williams' concerns regarding the problems with water pressure in his neighborhood, the City Hanager stated that an eight inch water main and new service lines were recently installed on N.W. 3rd Avenue and the service on the customers side of the meter at Mr. Williams' home is PVC pipe rather than galvanized. Based on this information, the City Hanager stated low pressure is likely a result of blockage of the screens and taps inside the residence. The recent con- struction area sometimes dislodges debris in the pipes and clogs the internal screens in the process. The outside spiglots at Hr. Williams' house had very good pressure which leads to the conclusion that the screens need to be checked on internal fixtures. The City Hanager stated that the City is willing to work with Hr. Williams further regarding this problem. 11 .B. From the Public. -24- 06/06/00 ll.B.1. Gerald Defoe, 142 Mockingbird Lane in Country Manors, addressed several concerns. First, Mr. Defoe presented the Commission with letters from High Point and Country Manors regarding Fire Department issues and informed the Commission they should expect to receive additional letters from approxi- mately twelve other communities as well. Secondly, Hr. Defoe stated he received word today from Hary HcCarty's office that turn signals will be installed be- tween Harketplace and Delray Square (Winn Dixie and Publix shopping centers) on West Atlantic Avenue within approximately six weeks. Regarding the school concurrency program, Mr. Defoe stated that the Palm Beach County Commission unanimously passed the school concurrency issue this afternoon. Mr. Defoe stated that regarding the Eastward Ho movement, there have been some modifications and he strongly urged the Commission to approve. In addition, Hr. Defoe stated he has been working with Palm Beach County Commissioner Karen Marcus for over seven years regarding the school concurrency issue and feels that this issue needs to be resolved. Lastly, Mr. Defoe expressed concern over the bus transportation throughout the City and strongly urged the City to work out a plan with Palm Tran and the County Commission for bus shelters. ll.B.2. John Bennett, 137 Seabreeze Avenue, thanked the Commission for their action taken at the Regular City Commission Heeting of Hay 16, 2000, in providing a sponsorship for an Atlantic High band member to attend the Aloha Festival in Hawaii on September 16, 2000. Hr. Bennett informed the Commission that two commemorations were held on Honday, Hay 29, 2000, (Hemorial Day) and stated that not one City representative attended either commemoration. He stated that this is a moral issue and feels that leaders need to set an example by honoring events such as these. 12. 13. First Readings: None Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager Regarding some concerns expressed from citizens regarding the Seacrest/Del-Ida Special Assessment, the City Hanager clarified that 22nd Lane is being constructed under the street bond program. The City Hanager stated although it is not -25- 06/06/00 part of the special assessment, this street will be paved and all other problems regarding standing water should be addressed. In response to Ms. McCarthy's concerns regarding some of the possibilities with the City's Utility Billing system and new software, the City Hanager stated that the City does not have advanced features such as accessing account information via the internet and making payments on-line. The City Hanager stated that the City's primary software vendor is working on this, however, at this point there is no projected completion date. The City Hanager stated the City is expecting to have that enhancement available soon and the City is also looking at the possibility of automatic payments. The City Hanager stated that he is hopeful that a decision will be made around the beginning of the fiscal year (October 1, 2000). 13 .B. City Attorney The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Commissioner Archer Commissioner Archer had no comments or inquiries. 13.C.2. Commissioner Perlman announced that Skip Brown's (Officer/Volunteer Programs), K-9 dog passed away last week of cardiomyopathy. Commissioner Perlman stated he attended the Haitian Flag Day in Herritt Park and stated a lot of pride was dis- played. He urged the Commission to attend events such as these in the future. Commissioner Perlman commented about how much he enjoyed the Firefighter's retirement dinner Saturday evening and felt it was truly an educational experience to witness the camaraderie. With regard to the Youth Automotive Training Center (YATC), Commissioner Perlman stated that they have requested to be placed on the Workshop agenda of June 13, 2000. 13.C.3. Commissioner McCarthy stated that she attended the opening ceremonies for the Roots Cultural Festival, Inc. and informed everyone that on Friday evening there will be a "Taste of Africa" located near the Wideman Building on Atlantic Avenue. Ms. McCarty stated she found the festival to be quite enjoyable and encouraged all to attend. Secondly, Commissioner McCarthy thanked Mr. Bennett -26- 06/06/00 for his comment about the Hemorial Day commemorations and stated she is certain that City representation will be better next year. Lastly, Ms. McCarthy stated she is hearing wonderful things about Delray and how the citizens really feel a part of the decision making being made in their community. 13.C.4. Commissioner Schwartz stated that as a Veteran him- self, he is completely mindful of Mr. Bennett's comments. Although he was out of town on Memorial Day, Commissioner Schwartz stated he agrees with Mr. Bennett that it is important to attend events such as these. In addition, Mr. Schwartz stated that as a Commissioner he is invited to numerous func- tions and feels they are all worthwhile but unfortunately cannot attend them all. 13.C.5. Mayor Schmidt stated that he would not be present at the Workshop Meeting of June 13, 2000, because he will be attending the U.S. Open in Pebble Beach. There being no further business, adjourned by Hayor Schmidt at 9:20 p.m. the meeting was ATTEST: City Clerk 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 June 6, 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. -27- 06/06/00 Secondly, Commissioner McCarthy thanked Mr. Bennett for his comment about the Memorial Day commemorations and stated she is certain that City representation will be better next year. Lastly, Ms. McCarthy stated she is hearing wonderful things about Delray and how the citizens really feel a part of the decision-making being made in their community. 13.C.4. Commissioner Schwartz stated that as a Veteran him- self, he is completely mindful of Mr. Bennett's comments. Although he was out of town on Memorial Day, Commissioner Schwartz stated he agrees with Mr. Bennett that it is important to attend events such as these. In addition, Mr. Schwartz stated that as a Commissioner he is invited to numerous func- tions and feels they are all worthwhile but unfortunately cannot attend them all. 13.C.5. Mayor Schmidt stated that he would not be present at the Workshop Meeting of June 13, 2000, because he will be attend- ing the U.S. Open in Pebble Beach. There being no further business, adjourned by Mayor Schmidt at 9:20 p.m. the meeting was City ~lerk ~ 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 City Commission held on June 6, 2000, which minutes were formally approved and adopted by the City Commis- sion on O/L~ ~o / City q~erk 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. -26- 06/06/00