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06-20-00JUNE 20, 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 20, 2000. Roll call showed: Present - Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - Commissioner Pat Archer Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Pastor Martin, Barwick Road Baptist Church. David 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. Hr. Schwartz moved to approve the agenda as presented, seconded by Hr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. o Approval of Minutes: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of June 6, 2000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. o Proclamations: 6.a. Parks and Recreation Month - July 2000. Hayor Schmidt read and presented a proclamation in recognition of July, 2000, as Parks and Recreation Month in the City of Delray Beach. Joe Dragon, Assistant Director of Parks and Recreation came forward to accept the proclamation. o Presentations: 7.a. Beautification plans for Lake Ida Road between Con- gress Avenue and Military Trail (Turner & Associates). Nancy Davila, City Horticulturist, gave a brief over- view of the history of beautification in the City of Delray Beach. Debora Turner, landscape architect and principal with Jerry Turner & Associates, presented the proposed landscape design for the segment of Lake Ida Road between Congress Avenue and Military Trail. Ms. Turner explained that an effort had been made to continue the landscape design in place on Lake Ida Road from Swinton Avenue to Congress Avenue along the western segment of the roadway. The biggest change that was made was in the ground cover and shrubbery which will emphasize more color than the eastern portion of the road. The proposed design is predominantly canopy trees along with ground cover and shrubs, as is necessary to accommodate visibility and sight line requirements. There is no sod in the project. Hs. Turner then reviewed the individual median segments and the design materials used throughout the project. At this point, Nancy Davila addressed the Commission concerning the project's funding. She explained that one of the problems with the grant application to Keep Palm Beach County Beautiful is that that entity historically has not granted more than $100,000 to any one recipient. Since the City wants to take advantage of the 50% match with Keep Palm Beach County Beautiful, staff is trying to work out a situation where they might approve consecutive funding for this year and next year to match the dollars that the City has committed ($250,000) in next year's Capital Improvement Program. It is hoped that they will look favorably upon this request, or else the City may be look- ing at a project with a little bit higher price tag than was initially anticipated. Hs. Davila continued that it was her understanding that the County's Linton Boulevard widening project would be going on at the same time as the Lake Ida Road project. Not only will this cause most of the traffic from these east/west connectors to pour onto Atlantic Avenue, it will also put the City in a bad position in applying for grants. In the same year that the City will try to get money for a subsequent year for -2- 6/20/00 Lake Ida Road, we will also have to be applying for Linton Boulevard funds. It was suggested by the County that maybe they could delay the Linton Boulevard start for six months, but that probably will not be enough to avert the problems. Hs. Davila urged the City Commission to keep in mind the potential ramifications to the City, both from a traffic standpoint and financially, and convey these concerns to the County so that perhaps something can be done to alleviate the situation. On question from Mr. Perlman, Ms. Davila stated that she felt County Commissioner McCarty recognized the City's concerns, but that she has concerns about concurrency. On further question from Mr. Perlman as to a sight line problem when one is trying to go east out of some of the developments along Lake Ida Road, Ms. Turner responded that the proposed design is very sensitive to this issue and clarified that there is no work on the sides of the road in this project; all of the work is in the medians. It is a requirement to calculate the sight distance lines so that vehicular egress from the developments is not affected and this includes the types of materials that can be put in the medians in terms of height so as not to obstruct visibility. Mr. Perlman commented that he was very happy to see this beautification happening because this is an area that needs some attention and he felt this would help to stabilize the situation. On question from Ms. McCarthy, Ms. Davila stated that it is her understanding that the County plans to start Lake Ida Road in March 2001, to be completed in December 2001. Assuming the project is completed in December 2001, the City would be poised and ready to go ahead with the plantings in January 2002. Hs. Davila continued that she had been working on a time schedule to try to lay everything out to try to figure out how far out we would need to move Linton for the City to be able to recover financially and to get into the next pot of money that would be available through Keep Palm Beach County Beautiful. Upon further discussion, it was the consensus of the City Commission to move ahead with the landscape design plans for Lake Ida Road between Congress Avenue and Military Trail as presented by Ms. Turner and Ms. Davila. CONSENT AGENDA: City Manager recommends approval. -3- 6/20/00 8 .A. AGREEMENT FOR MANAGEMENT SERVICES/INTERIM EXECUTIVE DIRECTOR FOR THE CRA: Approve an agreement for management services between the City and the Community Redevelopment Agency which provides for Diane Dominguez to act as Interim Executive Director for the CRA commencing July 5, 2000. 8.B. RATIFICATION OF CHAMBER APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mark Baron as the Chamber of Commerce representative on the Parking Management Advisory Board for a two year term ending July 1, 2002. 8.C. ACCEPTANCE OF EASEMENT DEED AND HOLD HARMLESS AGREE- MENT/EQUITY PARTNERS SEVEN, LTD.: Accept an easement deed for the installation/construction of a sewer main on the new Publix site between northbound and southbound Federal Highway, and approve a hold harmless agreement for improvements and mainte- nance within the easement once it has been constructed. 8.D. AMENDMENT #002 TO STANDARD CONTRACT WITH DEPARTMENT OF CHILDREN & FAMILIES (ALCOHOL, DRUG ABUSE AND MENTAL HEALTH PROGRAM OFFICE) FOR FY 1999/2000: Approve Amendment #002 to the standard contract between the City and the Department of Chil- dren & Families which decreases the funding allocation for MAD DADS' Excel Focus Five Program from $95,000 to $54,000 based on current program funding needs (i.e. deleting the expansion of the program into Plumosa Elementary School). 8.E. STANDARD CONTRACT WITH DEPARTMENT OF CHILDREN & FAMI- LIES (ALCOHOL, DRUG ABUSE AND MENTAL HEALTH PROGRAM OFFICE) FOR FY 2000/2001: Approve the standard contract between the City and the Department of Children & Families which provides for the Community Improvement Department's administration, on behalf of MAD DADS, of $135,000 in substance abuse prevention funding assistance for FY 2000/2001. 8.F. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO- GRAM: Approve a funding subsidy in the amount of $15,000.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 107th homeownership assistance grant provided through the program to-date. 8.G. ACCEPTANCE OF RIGHT-OF-WAY DEED/SPENGLER CONSTRUCTION AND MASONRY: Accept a right-of-way deed for N.E. 3rd Avenue associated with Spengler Construction and Masonry, Inc., to be located on the west side of N.E. 3rd Avenue, approximately 130 -4- 6/2o/oo feet south of N.E. 4th Street, within the CBD-RC (Central Busi- ness District-Railroad Corridor) zoning district and the Pineap- ple Grove Redevelopment Area. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 5th through June 16, 2000. 8.I. AWARD OF BIDS AND CONTRACTS: Contract award in the amount of $13,690.00 to Eagle Painting for the Pompey Park Community Center and Gymnasium painting project, with funding from 001-4127-572-46.10 (Pompey Park Recreational Facility/Repair and Haintenance Services}. o Purchase award in the amount of $11,540.62 to JC White Office Furniture, via State of Florida contract, for the purchase of office furniture for the Police Department's Records Section, with funding in the amount of $2,095.80 from 001-2113- 521-64.10 (Police Support Services - Office Furniture/Fixtures) and $9,444.82 from 001-2113- 521-51.20 (Office Equipment <$500). o Contract award in the amount of $1,458,795.00 to Telcon, Inc. for the Venetian Drive Improvements project (Venetian Drive, Hiramar Street, Ingraham Avenue, Nassau Street and Langer Way), with funding in the amount of $704,507 from 441-5181- 536-65.09 (Venetian Drive), $112,239 from 442- 5178-536-61.78 (Water Distribution Improvements), $185,548 from 448-5461-538-65.09 (Stormwater/Venetian Drive), and $456,501 from 370-3162-541-65.42 (Barrier Island). Mr. Schwartz moved to approve the Consent Agenda as presented, seconded by Ms. McCarthy. Upon roll call the Commis- sion voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. o REGULAR AGENDA: 9.a. CONDITIONAL USE REQUEST/DELRAY BEACH ANTIQUE HkLL: Consider a request for conditional use approval to allow the -5- 6/20/00 establishment of a bazaar for the Delray Beach Antique Mall. The subject property is located at the southwest corner of North Federal Highway and N.E. 14th Street, and is zoned GC (General Commercial) District. QUASI-JUDICIAL PROCEEDING The City Attorney stated that 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. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record and presented an over- view of the conditional use request. She noted that the Plan- ning and Zoning Board initially considered the application at a public hearing on Hay 22, 2000, at which some concern was ex- pressed about the building facade and the general condition of the shopping center. The board felt that the application should include a program for the improvement of the facade and contin- ued the item until June 19, 2000, with the condition that the applicant come back with a facade improvement plan. This was done and on June 19th, the Planning and Zoning Board again considered the conditional use request and voted 6 to 0 to recommend approval of the conditional use request for Delray Beach Antique Hall, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations, policies of the Comprehensive Plan, and subject to the following conditions: (1) That a Class I Site Plan Hodification be pro- cessed indicating the upgrades to the site as well as a floor plan that is accurately scaled; (2) That the booths be a minimum of 9' x 9'; (3) That there be no outdoor display of merchandise anywhere on the shopping center premises, except for special events which must be approved by the City Commission; (4) That no individual sales occur at the booths, with the exception of food sales; (5) That the food area be limited to 500 sq.ft, as shown on the floor plan; -6- 6/20/00 (6) That the parking be reassessed after one year from the issuance of the Certificate of Occupancy to determine if the use generates a greater parking demand. If vehicles are observed parking off site, in the aisle ways, on the vacant land, or otherwise not within the designated parking spaces, or if there are similar indications of a parking shortage, additional paved parking spaces must be installed or otherwise provided in accordance with City codes; (7) That additional site lighting be provided under the canopy and within the parking lot area; (8) That the existing nonconforming freestanding sign be removed and a new monument style sign be installed that meets current code requirements; (9) That the landscaping be reinstated as approved with the 1993 landscape code compliance plan; (10) That items to be sold at the Delray Beach Antique Hall are verifiable antiques as defined in the City's Land Development Regulations; and (11) That the facade improvement plan as agreed upon in the staff report be completed within six months (December 20, 2000) of the approval of the conditional use, with the following modifications: (a) That the existing colors be consistent throughout the plaza; (b) That a Haster Sign Program be approved by SPRAB, with the style for the wall signs being channel letters, not box signs; and (c) That revisions to the arch feature and the color scheme of the plaza be revisited by SPRAB prior to December 1, 2003. At this point the applicant's representative, Carlos Garcia-Helez, addressed the City Commission. He stated that the proposed use will be an improvement to the area and that the applicant agrees with all of the recommended conditions of approval. The only issue has been with the arch. The applicant feels the arch is an original and identifiable feature of the property that was built in 1950, and would ask that the arch be allowed to remain the way it is. At this point Hayor Schmidt declared the public hear- -7- 6/20/00 lng open. Speaking from the audience was the following: Anton Reckner, co-owner of the Delray Beach Antique Mall, spoke in support of the conditional use application. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. On question from Commissioner McCarthy as to whether the staff and the applicant had reached a compromise on the arch, Hs. Dominguez clarified that basically the applicant has been given some time to deal with the issue. When it is time for the building to be repainted, which is approximately three years out, they are to come in with some type of proposed treat- ment for the arch that would add to the overall center. At this time the arch is not in poor condition; it is just not cosmeti- cally appealing. Hr. Perlman moved to approve the conditional use request for the Delray Beach Antique Mall based upon the find- ings and subject to the conditions of approval recommended by the Planning and Zoning Board as outlined above. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.S. DIRECTION ON TRAFFIC CALMING MEASURES (PINEAPPLE GROVE WAY): Provide direction concerning the traffic calming measures to be used along the Pineapple Grove Way corridor, in particular at the intersection of N.E. 3rd Street and Pineapple Grove Way (N.E. 2nd Avenue). Randal Krejcarek, City Engineer, explained that staff had been working with the Pineapple Grove Main Street Design Committee to finalize the improvement plan for the Pineapple Grove Way corridor. Agreement was reached on every item with the exception of the traffic calming measure to be used at the N.E. 3rd Street intersection with Pineapple Grove Way. The Design Committee wants to have a roundabout installed at this intersection while staff is recommending that a raised intersec- tion be used. The rationale for staff's recommendation is (1) low volumes crossing intersection in an east-west direction, (2) no identified crash history, and (3) several driveways that are fairly close to the intersection would either have to be closed or moved at additional expense if a roundabout were to be put in. -8- 6/20/00 On question from Hr. Perlman, Hr. Krejcarek stated that a raised intersection is anticipated to cost somewhere in the neighborhood of $15,000 while a roundabout may be roughly twice that or $30,000. He noted, however, that this should be viewed in the context of a $2 million project. At this point Hr. Lou Waldmann, Project Hanager for Pineapple Grove Main Street, explained the Design Committee's preference for a roundabout at the N.E. 3rd Street intersection. It is viewed as being an essential part of the whole aesthetic design of Pineapple Grove Way and is more than simply a traffic calming situation. The roundabout at this location is perceived as an integral part of the overall improvement plan. Discussion followed on the change from the seven (7) mid-block at grade pedestrian crossings in the conceptual plan to the five (5) mid-block raised pedestrian crossings included in the detail design plan. Hr. Krejcarek explained that by reducing the number of mid-block pedestrian crossings to five and raising them, combined with the other calming measures at the intersections, provides for the optimum effect of the traf- fic calming goal which is to slow down the speed of the vehicles going up and down Pineapple Grove Way. Hr. Perlman moved to approve the plan as presented by staff, including the five (5) mid-block raised pedestrian cross- ings, and with the exception that a roundabout at N.E. 3rd Street and Pineapple Grove Way (N.E. 2nd Avenue) be included in the design. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:10 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10 .A. ORDINANCE NO. 12-00 (SECOND READING/SECOND 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. -9- 6/20/00 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, A GENERAL REPEALER CLAUSE, AND AN 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. Hayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this item, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 12-00 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 10 .B. ORDINANCE NO. 13-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Appendix A, "Definitions", of the Land Development Regulations regarding dwelling units and other habitable structures. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 13-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF -10- 6/20/00 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.) 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 hearing open. There being no one who wished to address the Commission on this item, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 13-00 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. At the last regular meeting, Mr. Gerald DeFoe again spoke in support of school concurrency and urged the City Commission to approve the concurrency agreement. The City Manager stated that the Palm Beach County League of Cities had a presentation concerning this issue at its last meeting and Hr. Noble expects to have the final agreement to the cities early in July, 2000. The main reason he is delaying sending it out is that the School Board is producing a new Five Year Capital Improvement Program and he wants to have that new capital program as an exhibit to the agreement that is finally approved by the cities. Concerning Mr. DeFoe's remarks about the need for bus shelters in the City, the City Manager reported that the Metro- politan Planning Organization is setting up a grant program for bus shelters on a 50%/50% match basis. The City is anxiously -11- 6/20/00 awaiting the application forms and procedures and fully expects to apply for funding to build some shelters in the City. 11 .B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, asked if the City was aware of any proposals on the part of the Lake Worth Drainage District to take any properties located along the canals which belong to the District in the western part of Delray Beach? Hrs. Finst also commented on the future need for schools in Delray Beach and the need to look now at potential school sites while there may still be the opportunity to reserve some property for this purpose. She expressed concern that if this is not done now, in five or ten years there will not be any land left in the City. ll.B.2. Jay Slavin, resident of Rainberry Bay, urged the City Commission to seriously consider televising its meetings. Ms. Slavin felt this would be very helpful to many people who are unable, for various reasons, to attend the meetings. 12. FIRST READINGS: None At this point, the time being 7:25 p.m., the Commis- sion returned to Item 9.C. on the regular agenda. 9.C. AGREEMENT FOR SIDEWALK IMPROVEMENTS/SPENGLER CONSTRUC- TION AND MASONRY: Consider approval of an agreement between the City and AIS Investments, LLC (Spengler Construction and Mason- ry) to allow the deferral of sidewalk improvements along N.E. 3rd Avenue until such time as the City requests the sidewalk to be constructed. Diane Dominguez, Director of Planning and Zoning, acknowledged that the City Commission had discussed at the June 13th workshop the practice of allowing sidewalk waivers and deferral agreements, and gave direction to staff to develop more specific criteria for consideration of these requests. However, this particular project was already well into the process prior to that discussion and so was agendaed for Commission considera- tion under the existing criteria in order not to delay the project. Hs. Dominguez explained that the subject property is proposed for development as a construction office and is basically an infill lot on N.E. 3rd Avenue in the industrial section of the Pineapple Grove area. There are currently no sidewalks along N.E. 3rd Avenue. The area is almost completely -12- 6/20/00 developed, primarily with industrial type uses. The Pineapple Grove Neighborhood Plan calls for the installation of a sidewalk along the west side of 3rd Avenue, although installation of a continuous sidewalk by the City may not occur for many years. The deferral request was reviewed and supported by the Development Services Hanagement Group (DSHG) and the City Engineer. The sidewalk deferral agreement will run with the land and be binding on the parties' heirs and successors. In view of these things, the staff recommendation is to approve the sidewalk deferral agreement for Spengler Construction and Masonry. Hr. Perlman moved to approve the sidewalk deferral agreement for Spengler Construction and Masonry. The motion was seconded by Hr. Schwartz. Prior to roll call, Hr. Schwartz stated that he would support this particular deferral agreement because of the fact that the applicant was so far along in the process. However, he felt that these deferral agreements do nothing to help achieve the goal of getting sidewalks throughout the City. If nothing else, it would be a start to a sidewalk network. In the future Hr. Schwartz would not be willing to support sidewalk deferral agreements. Upon roll call the Commission voted as follows: Hayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.D. SPECIAL EVENT REQUEST/AARP WALK EVENT: Consider a request for special event approval to allow the 2nd Annual AARP Walk to be held on Saturday, October 7, 2000, including tempo- rary use permit, staff support for traffic control and waiver of parking meter fees Robert A. Barcinski, Assistant City Manager, presented an overview of the request. The staff recommendation is for approval of the event, including the temporary use permit for the use of Anchor Park and City right-of-way, waiver of parking meter fees in Anchor Park and providing staff support for traf- fic control, with the conditions that overtime would be paid if it is required, that a general liability certificate of insur- ance naming the City as additional insured be provided along with a hold harmless agreement. -13- 6/20/00 Hr. Schwartz moved to approve the special event re- quest for the 2nd Annual AARP Walk as recommended by staff. The motion was seconded by Hr. Perlman. Prior to roll call, Ms. McCarthy asked if the Beach Property Owners Association (BPOA) had been notified of this event and if staff was communicating to them that these various special events are being planned to take place in their neighborhood prior to them being placed on an agenda? Hr. Barcinski responded that in the past staff has not done this on a regular basis, but if the Commission wished to adopt this as a policy it could certainly be done in the future. Upon roll call the Commission voted as follows: Hr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Hs. HcCarthy stated that it was her intent to encour- age the various neighborhood associations to make the phone calls or to sit down with staff to find out ahead of time what things are being projected for the next three to six months so that they will have some input into what is happening and in keeping the residents apprised of upcoming events and how they might affect a particular neighborhood. 9.E. SPECIAL EVENT REQUEST/AVDA 5K WALK: Consider a re- quest for special event approval to allow the 2nd Annual Aid to Victims of Domestic Abuse (AVDA) 5K Walk to be held on Saturday, October 28, 2000, including temporary use permit, staff support for traffic control and waiver of parking meter fees. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. The staff recommendation is for approval of the event, including the temporary use permit and the waiver of parking meter fees as well as staff assistance for traffic control with the sponsor paying all overtime costs, if needed, and that a general liability certificate of insurance naming the City as additional insured be provided along with a hold harmless agreement. Hr. Schwartz moved to approve the special event re- quest for the 2nd Annual AVDA 5K Walk as recommended by staff. The motion was seconded by Mr. Perlman. motion passed with a 4 to 0 vote. 9.F. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE: Consider a request for special event approval for the Summer -14- 6/20/00 Nights on the Avenue program, including temporary use permit, staff support with payment to the City for overtime costs exceeding $5,000 and allow the Harriott, Sandoway and Ingraham parking lots to be left open until midnight for the August 24th event. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. The Summer Nights on the Avenue program consists of seven events to be held at different loca- tions in the downtown area, including the Tennis Center and the beach side. Hr. Barcinski noted that in past years the Commis- sion agreed to fund overtime costs up to $5,000 for the entire program, and it is recommended that this practice be continued. He further noted that with respect to the event planned for August 24th on A1A, the request includes allowing the beach parking lots (public lots at the Harriott, Sandoway and Ingraham Parks) to remain open until midnight. The staff recommendation is for approval, subject to the certificate of insurance and a hold harmless agreement. In discussing the parking in the beach lots for the August event, it was the consensus of the Commission to allow the lots to remain open until midnight with the caveat that the signs be posted to indicate they will close at 11:00 p.m. That way, if all of the cars are out earlier than midnight, the Park Ranger can go ahead and close the lots. Ms. McCarthy moved to approve the special event re- quest for the Summer Nights on the Avenue program as recommended by staff. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.G. SPECIAL EVENT REQUEST/4TH OF JULY CELEBRATION: Consider a request for special event approval for the 4th of July Celebration, including temporary use permit for street closures, waiver to allow banners and flags, waiver to allow assembly on the beach and vendors on A1A, and staff support. Robert A. Barcinski, Assistant City Manager, presented an overview of the request through review of his background memorandum dated June 14, 2000. Hr. Perlman moved to approve the special event request for the 4th of July Celebration as recommended by staff. The motion was seconded by Ms. McCarthy. Upon roll call the Commis- -15- 6/20/00 sion voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.H. CRA APPLICATION TO KEEP PALM BEACH COUNTY BEAUTIFUL, INC. (BEAUTIFICATION ON WEST ATLANTIC AVENUE): Consider a request from the Community Redevelopment Agency for the City's participation and assistance with the CPA's application to Keep Palm Beach County Beautiful, Inc. for funding of beautification activities on West Atlantic Avenue (10th to 12th Avenues) Shelley Treadwell, CPA Consultant, explained that the CPA would be submitting an application to Keep Palm Beach County Beautiful for funding to support the beautification activities programmed for West Atlantic Avenue from NW/SW 10th Avenue to NW/SW 12th Avenue. The intent is to continue the landscape theme utilized along East Atlantic Avenue over to the West Atlantic corridor, with all of the work to be within the right- of-way and not in the medians. The grant requirement is that the City must sign the agreement if the funds are awarded, that the City will provide maintenance in perpetuity if the program is funded, and a letter of endorsement for the project. Discussion ensued as to the type of landscape materi- als, particularly coconut palms, proposed to be incorporated into the beautification project. Hs. HcCarthy asked if there was some other way to keep the project just as beautiful without the use of coconut palms, and asked that this be seriously looked at before any finalization of the plans. Hs. Treadwell stated that she would discuss this issue with the West Atlantic Redevelopment Coalition Board as well as the Community Redevelopment Agency Board. Ms. McCarthy asked that some alternatives be provided along with some visual depictions of what the alternative plans might look like. Hr. Schwartz expressed concern about the use of live oak trees as well as the coconut palms in the beautification plans. Both types of trees mean more maintenance and he was concerned about potential increased maintenance costs to the City and, ultimately, to the taxpayers. Mr. Schwartz moved to approve the CPA's request for the City's participation and assistance with the CPA grant application to Keep Palm Beach County Beautiful for funding of beautification activities on West Atlantic Avenue. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. -16- 6/20/00 McCarthy - Yes; Mayor Schmidt - Yes. 4 to 0 vote. Said motion passed with a 9.I. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate a voting delegate to the Florida League of Cities' 74th Annual Conference to be held at the Broward County Convention Center in Fort Lauderdale on August 10-12, 2000. Hayor Schmidt stated that he had received a letter from Commissioner Archer in which she expressed an interest in being the City's voting delegate as she will be attending the conference. Hr. Schwartz moved to designate Commissioner Pat Archer as the City's voting delegate at the Florida League of Cities' 74th Annual Conference. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.0. 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. Commissioner Schwartz stated he would be interested in having placed in nomination for election to the Florida Hunici- pal Insurance Trust Board of Trustees. Hr. Perlman moved to nominate Commissioner Schwartz, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perl- man - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a member to the Community Redevelopment Agency for a four year term ending July 1, 2004. The appointment will be made by Mayor Schmidt (Seat ~5) . Hayor Schmidt commented that this was an extremely difficult decision for him to make as all of the ten applicants are exceptional candidates. He then stated that he wished to appoint Brenda Montague to the Community Redevelopment Agency for a four year term ending July 1, 2004. -17- 6/20/00 Mr. Schwartz so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.5. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two members to the Downtown Development Authority for three year terms ending July 1, 2003. The appointments will be made by Commissioner Perlman (Seat ~1) and Commissioner Archer (Seat #2). Mr. Perlman moved to reappoint Jon Levinson to the Downtown Development Authority for a three year term ending July 1, 2003. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Hayor Schmidt stated that he had received a letter from Commissioner Archer in which she recommended the reappoint- ment of Robert Griek to the Downtown Development Authority for a three year term ending July 1, 2003. On behalf of Mrs. Archer, Mr. Schwartz so moved. 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. Said motion passed with a 4 to 0 vote. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a regular member to the Delray Beach Housing Authority for a four year term ending July 14, 2004. The appointment will be made by Commissioner Archer (Seat ~2) . Hayor Schmidt stated that he had received a letter from Commissioner Archer in which she recommended the reappoint- ment of Herman Green to the Delray Beach Housing Authority for a four year term ending July 14, 2004. On behalf of Mrs. Archer, Mr. Perlman so moved. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.N. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two regular members and one alternate member to the Civil Service Board for two year terms ending July 1, 2002. The regular member appointments will be made by Commissioner Schwartz (Seat #3) and Commissioner McCarthy (Seat #4). The alternate member appointment will be made by Mayor Schmidt (Seat #5). -18- 6/20/00 Mr. Schwartz moved to reappoint Donald Allgrove as a regular member on the Civil Service Board for a two year term ending July 1, 2002. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Hayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy moved to reappoint John Tallentire as a regular member on the Civil Service Board for a two year term ending July 1, 2002. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Hayor Schmidt stated that he wished to reappoint Murray Gold as an alternate member on the Civil Service Board for a two year term ending July 1, 2002. Mr. Schwartz so moved, seconded by Hr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.0. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a public member to the Police and Fire Board of Trustees for a two year term ending June 30, 2002. The appointment will be made by Commissioner Perlman (Seat ~1) . Mr. Perlman moved to reappoint Robert Levitt to the Police and Fire Board of Trustees for a two year term ending June 30, 2002. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.P. DEMAND FOR JUDGMENT/ADDERLY V. CITY: Consider a demand for judgment in the referenced matter. Hr. Schwartz moved to DENY the demand for judgment as recommended by the City Attorney. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.Q. DEMAND FOR JUDGMENT/JENKINS V. CITY: Consider a demand for judgment in the referenced matter. -19- 6/20/00 Hr. Perlman moved to DENY the demand for judgment as recommended by the City Attorney. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.m. PROPOSAL FOR SETTLEMENT/BEIZER V. BRINKER, ET AL: Consider a proposal for settlement in the referenced matter. After discussion, Mr. Schwartz moved to approve the proposal for settlement in the amount of $2,500.00 inclusive of fees and costs. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.S. SETTLEMENT OFFER/CLIFFORD V. CITY: ment offer in the referenced matter. Consider a settle- Ms. McCarthy moved to approve the settlement offer in the amount of $26,648.00, including all attorney's fees and costs, as recommended by the City Attorney. The motion was seconded by Hr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. As a matter of interest on the televising of City Commission meetings, the City Hanager reported that staff con- tacted the City of Boca Raton which televises its City Commis- sion, Planning and Zoning Commission, Airport Board and maybe one or two other board meetings. Boca Raton spent in excess of $250,000 getting set up and has two full time staff people assigned to this function. Their annual budget is in excess of $100,000. The Hanager stated that staff is continuing to look at other options, but he wanted to let the Commission know what was found out as far as Boca Raton is concerned. 12 .B. City Attorney. The City Attorney had no comments or inquiries. 12 .C. City Commission. -20- 6/20/00 12.C.1. Commissioner Perlman complimented Klm Nowell, the City's front desk receptionist, on doing such a great job. No matter what kind of day one is having, she is always a ray of sunshine! Mr. Perlman commented that he had recently participated in a round table discussion in West Palm Beach about the direction in which the entire South Florida region is going. He was amazed that as soon as people found out he was from Delray Beach, there was a lot of discussion about the city because they felt that it was a model in many different ways as well as a microcosm for the region because of its diversity. He found the whole discussion to be fascinating and noted that a serialized version will be run in the Sun Sentinel. Mr. Perlman stated that he attended the 'Dad & Daughter Date Night' this past Saturday and felt that it was a wonderful event. He complimented the Parks and Recreation Department for doing such a nice job, and suggested that they might want to consider doing a 'Mother & Son' event in the future. Mr. Perlman commented that the Sister Cities Committee is hosting a fundraiser for the new Sister City in Tanzania (Moshi) on July 1st at 6:00 p.m. at the Golf Course Clubhouse. He urged everyone to participate and support this event. 13.C.2. on July 1st. Commissioner McCarthy also reminded everyone about the Sister City event coming up Ms. McCarthy also requested that the Parks and Recrea- tion Department look into doing a 'Moms & Sons' event as she felt this would be very worthwhile. Ms. McCarthy then stated that she wanted to reassure the people who come out to the City Commission meetings that sometimes when the Commission does not have a lot of discussion about an item or items on the agenda, it is usually because the Commission has already spoken to staff to get clearer understandings if there are questions about some of these things. She assured everyone that the Commission does their homework and does not take the agenda lightly. Hs. HcCarthy commented that she had recently attended a function for the National Coalition of 100 Black Women which was held at the Hilton in West Palm Beach. The organization's President is Rosalind Murray who is well known in Delray Beach. In addition, two residents of Delray Beach were recognized and received awards. Hrs. Libby Wesley received the Diamond Award for her continued volunteerism in helping the children of the community, and Ms. Lori Durante who received the Emerald Award as an up and coming young woman. It was a wonderful event and the City of Delray Beach was very well represented. -21- 6/20/00 13.C.3. Commissioner Schwartz commented on the recent articles in the newspapers about the Supreme Court's decision on prayer in schools and in any government situation. He was not sure how this might affect the City, but felt that the matter should be referred to the City Attorney for her review and opinion as to where the City stands on this issue and to ensure that we are not violating any law. 13.C.4. Mayor Schmidt reported that Elizabeth Godwin, whose artwork was the local winner of the Sister Cities Young Artist program, was one of the ten international winners. This is the second time in the last five years or so that Delray Beach has produced an international winner, and he was quite impressed with the exceptional young talent in our schools. Mayor Schmidt also reported that Charlotte Durante, the Chairperson of the Sister Cities Committee, has been asked to make a presentation at the International Conference about the City's program. In addition, two of the three officers in the National Youth Organization are from Delray Beach so the City is getting national recognition. Hayor Schmidt complimented the City Attorney on the great job that she does with respect to legal settlements in making sure that the information is out there for the public and they know what the Commission is doing when these lawsuits are resolved. Lastly, Hayor Schmidt stated that he had a great time at the U.S. Open in Pebble Beach, and he did see Tiger Woods. There being no further business, adjourned by Hayor Schmidt at 8:30 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 -22- 6/20/00 the meeting of the City Commission held on June 20, 2000, which minutes were formally approved and adopted by the City Commis- sion on 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. -23- 6/20/00 There being no further business, adjourned by Mayor Schmidt at 8:30 p.m. ATTEST: the meeting was 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 20, 2000, which minutes weN forma~,ly approved and adopted by the City Commis- sion on /City C~rk .... 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- 6/20/00