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07-25-00JULY 25, 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, July 25, 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 Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. The City Manager requested that Item 12.D., Ordinance No. 17-00 relative to the City's purchasing ordinance, be re- moved from the agenda as there are some additional changes that need to be made to the ordinance. For the record, the City Attorney stated that there is a modification to Item 8.C., Acceptance of Right-of-Way Deed/Royal Palm Drive, regarding additional language that had been added to the deed. The modified copy has been provided to the Clerk. Hs. HcCarthy moved to approve the agenda as amended, seconded by Hrs. Archer. 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. 5. Approval of Minutes: Mr. Schwartz moved to approve the Minutes of the Regular Meeting of June 20, 2000. The motion was 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. With respect to the Minutes of the Regular Meeting of July 11, 2000, Hayor Schmidt noted a correction on page 7 under Item 9.C. where the item should be amended to read more clearly, and on page 12 where 'Mayor Alperin' was incorrectly shown as opposed to Hayor Schmidt. Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of July 11, 2000, as corrected. The motion was seconded by Hr. Schwartz. 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. Proclamations: None. Presentations: 7.a. Presentation by Perry DonFrancisco - Citizens for Delray Police Annual Scholarship Awards to Roderick Payne and Julius Mitchell II. Perry DonFrancisco, President of Delray Citizens for Delray Police, stated that this is the 14th consecutive year that scholarships have been provided to at least one child of a Delray Beach Police officer. This year there are three recipi- ents, Roderick Payne from Santaluces High School, Malissa Schroeder who is currently enrolled in Florida Atlantic University's Nursing Program, and Julius Mitchell II who is a graduate of Lake Worth Community High School. Each of the scholarships is in the amount of $500.00 to assist these young people in pursuing their academic goals. Hajor Larry Schroeder of the Police Department came forward to accept the scholarship awards on behalf of the recipients and their families and expressed his thanks to the Delray Citizens for Delray Police for its support. 7.S. Human Resources Department Presentation. Ned Gusty, Director of Human Resources, presented an -2- 07/25/00 overview of the various functions of the Human Resources Depart- ment, including the services provided by the department, duties and responsibilities, and future goals. 7.C. Planning Department Presentation. Paul Dorling, Acting Director of Planning and Zoning, presented an overview of the various functions of the Planning and Zoning Department, including the services provided by the various divisions of the department, duties and responsibili- ties, and future goals. 7.D. Presentation by Chuck Ridley on the community initia- tire concerning the Back Room. Chuck Ridley, Executive Director of MIlD DADS, reported to the Commission on the series of meetings that were recently held in an effort to address the issues which had been presented to the City Commission concerning the Back Room lounge and liquor store located on West Atlantic Avenue. He expressed his appreciation to the Commission for allowing the community to have the opportunity to collaboratively discuss the situation in an effort to resolve the issues. Hr. Ridley also expressed his appreciation to the media for their patience, to the families of the participants and to the participants themselves for giving their time and energy to the process. Hr. Ridley then read into the record a response letter that included a summary of the consensus position formulated by the community dialogue committee and the recommendations to the City Commission for addressing and resolving the various issues (a copy of which is attached hereto and made a part of these minutes}. Hayor Schmidt, on behalf of the City Commission and all of the residents of Delray Beach, expressed his thanks to Hr. Ridley and to all of the other people who participated in the process. He agreed that this collaborative method of having the residents included in trying to solve the problem is exactly what the Commission discussed at the goal-setting sessions about trying to make the local government process more inclusive for the residents and to give them a greater voice. He further agreed that the process that was used in this instance can be used successfully to deal with some of the City's other problems and/or issues. Hs. HcCarthy stated that not only would she recommend -3- 07/25/00 acceptance of the recommendations, but that they be addressed in a timely fashion and that target dates be set for continued meetings. She encouraged the young people who had been involved to remain involved and actively pursue such things as board appointments. Ms. McCarthy then stated that she would like to see the recommendations incorporated into the City's plans for the next quarter of this year as she did not want this to be lost in the shuffle. Hs. HcCarthy moved to amend the agenda to include Item 7.D. as a formal item on which to take action. The motion was seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perl- man - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to formally accept the Community Dialogue Committee recommendations concerning the Back Room Lounge & Store as presented by Mr. Chuck Ridley (a copy of which is attached hereto and made a part of these minutes). The motion was seconded Hr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commis- sion moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10 .A. RESOLUTION NO. 49-00 (PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT): A resolution providing for the certifica- tion and adoption of the preliminary assessment roll for the Pineapple Grove Way Special Assessment District to include those properties bordering on Pineapple Grove Way (N.E. 2nd Avenue) from the first alley intersection north of Atlantic Avenue to N.E. 4th Street; providing for the assessment amount as to each property and for the method of payment of the special assess- ment. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 49-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE -4- 07/25/00 PRELIMINARY ASSESSMENT ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES BORDERING ON PINEAPPLE GROVE WAY (N.E. 2ND AVENUE) FROM THE FIRST ALLEY INTERSECTION NORTH OF ATLANTIC AVENUE TO N.E. 4TH STREET, 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. 49-00 is on file in the City Clerk's office.) The City Attorney stated that Resolution No. 49-00 establishes the Pineapple Grove Way Special Assessment District and adopts the preliminary assessment roll. The total cost of the project, excluding the utility work to be done by the City, is estimated at $2,049,850.00 of which the City and the CPA will each pay one-third of the amount and the property owners will contribute the remaining one-third of the cost in the amount of $683,283.33. At the end of construction, a final assessment roll will be adopted by the City Commission. The property owners will then have sixty (60) days to pay the assessment in one lump sum or they may pay the assessment in twenty annual installments at an interest rate of 8%. 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. Mayor Schmidt declared the public hearing open. Speaking from the audience was the following: Bill Branning, 9 N.E. 2nd Street, President of Pineap- ple Grove Main Street, stated that he was very proud that Pineapple Grove had finally reached this point and was ready to move forward with the implementation of the biggest project in the neighborhood plan. He urged the City Commission to approve the resolution and support the special assessment district. There being no one else from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 49-00, seconded by Hr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - -5- 07/25/00 Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. passed with a 5 to 0 vote. Said motion 10.B. RESOLUTION NO. 54-00: A resolution authorizing the City to purchase certain property located at 2350 Jaeger Drive from Delray Beach International Tennis Resort, Ltd., and accept- ing the contract for sale and purchase. (This item does not require a public hearing.) The City Manager presented Resolution 54-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 54-00 is on file in the City Clerk's office.) The City Attorney pointed out that while this item does not require a public hearing, the following item (Resolu- tion No. 55-00) does require a public hearing. They both deal with the same property transactions and the contracts are contingent on each other. Hs. Ruby then reviewed the essential terms of the contract pursuant to Resolution No. 54-00, which are that the City would purchase the 24 tennis court property and associated parking for $575,000.00, would give the Seller a number of free golf passes and grant to the St. Tropez development free tennis memberships for a period of seven (7) years, that the City would pay for the title insurance and survey of the property, and the Seller would pay all documentary stamps and costs to cure any title defect. The City Attorney continued with a review of the essential terms of the contract pursuant to Resolution No. 55-00 relative to the sale of ten tennis courts with associated park- ing and the small parcel located at the north end of the club property to the Delray Racquet Club Association. The City would receive $225,000 plus $150,000 for maintenance from the Racquet Club, the closing for the sale of the property must be simultaneous with the closing of the purchase of the property by the City, the City would retain a 99 year non-exclusive easement -6- 07/25/00 for ingress, egress and parking over the parking area property and would be responsible for maintaining the parking area. The City would retain a 35 year non-exclusive easement for the use of the ten tennis courts and the City would be responsible for the upkeep and maintenance of the courts for this period of time as well as regulate and administer the usage of the courts. The Racquet Club would agree to have its members pay membership fees for the right to play tennis on the courts and the fees would be split by percentage with the City. The Racquet Club would grant to the City an encroachment easement regarding the grandstand court as well as granting an access easement to the City over a certain concrete pathway. The City would also retain an in- gress/egress easement over the small parcel at the north end of the tennis courts to provide access for maintenance for a period of 99 years. On question from Mr. Perlman, the City Manager stated that the City's net out-of-pocket cost going into the purchase will be $200,000 and that will be paid from recreation impact fees. These are fees paid by new dwelling units built in the City and they can only be used for increasing the City's inventory of recreational facilities. The budget as presented includes the acquisition and both the revenue and expense for the operation of the facility. On question from Mrs. Archer, the City Manager stated that the net operating cost, that is total expenses minus the additional revenues, is about $70,000 additional annually for this facility. On question from Ms. McCarthy, the City Attorney stated that the 35 year easement is for the ten tennis courts. When that 35 year period is over, the City will no longer have any rights either to maintain or to use those courts unless the City purchases them at some future time or if there were to be a renegotiation. The City does have right of first refusal if the Racquet Club wants to sell the courts. Hr. Schwartz stated that he had heard there might be another individual interested in buying a portion of the tennis courts, and asked the City Hanager if he was familiar with that scenario? The City Manager stated that he was aware of one individual that would like to acquire some of the tennis courts. However, given the fact that this has been a very complex transaction, he felt that the Commission should either proceed -7- 07/25/00 with it or not. If the Commission approves the transactions, then the City would need to evaluate the various options for use of these facilities, including possible use and/or acquisition by other people, and provide recommendations to the Commission on any proposal or offer that may turn out to be serious. At this point, the City Hanager stated that he would not recommend an outright purchase of a portion of the courts by another party. He felt that the wisest course would be to wait until the comprehensive study of the City's recreation and park needs is completed and then make decisions about the future of the tennis courts, the future of the building and other possible uses for the International Tennis Resort property. Mr. Perlman commented that he was aware of a party interested in purchasing six of the fourteen tennis courts for $150,000. He felt that this was something that should be seri- ously considered but after the subject property transactions are consummated. Mr. Perlman moved to approve Resolution No. 54-00, seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 55-00: A resolution authorizing the City to sell certain property located at 2350 Jaeger Drive to the Delray Racquet Club Association, Inc., and accepting the contract for sale and purchase. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 55-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 55-00 is on file in the City Clerk's office.) -8- 07/25/00 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. Mayor Schmidt declared the public hearing open. Speaking from the audience were the following: Kevin Warner, 248 Venetian Drive, commented that in previous discussions on this item there were some unknowns as to the potential costs related to title issues associated with this transaction. He asked if this was still an unknown cost? Mary Hoffman, 955 Dotterel Road, expressed concern at hearing that the City might be considering selling off some of the tennis courts. As a resident of Delray Racquet Club, she understood that the City would be taking over and maintaining the property. She would be opposed to the City chopping the property up and selling it off to anyone who wants to buy it. John Bennett, 137 Seabreeze Avenue, commented that at the time this was first being looked at, there were rumors about different things that supposedly had been promised to different people, such as with respect to lighting of the courts. He suggested that any promises made be put on the record so that everyone knows about them up front and there will not be any surprises later on. Mathis Hunt, 325 Lincoln Lane, expressed concern about the City's liability with respect to this property transaction. Joanne Stewart, condominium owner in the Delray Rac- quet Club, asked about the City's plans for the clubhouse build- ing? The City Hanager stated that the present recommenda- tion to the Commission is to make the minimum improvements that are necessary to use the building for at least a year until the recreation needs study is completed. At that point the City would have a better idea of what the best long-range use of the building might be. We would also be more intimately familiar with the building and its problems and could make a more in- formed decision about whether or not to keep it or replace it. Francisco Prato, 955 Dotterel Road, who expressed his support for the proposed property transactions. He also suggested that the City might want to consider putting in a small playground for children as there are young families also living in the Racquet Club condominiums. -9- 07/25/00 Henry Williams, 310 N.W. 3rd Avenue, commented that if the City is going to put all of this money into buying this property, he felt it should be made clear who is going to be in charge of controlling the parking and the tennis courts. There being no one else from the audience who wished to speak on this item, the public hearing was closed. In response to Mr. Warner's question on the title issues, Hayor Schmidt stated that there were three that were identified. Two dealt with property that the City needed ease- ments over which will be done as part of this transaction so those are taken care of. The third issue was that the condominium documents for three of the buildings contain language that says the members are entitled to a social and swim membership. Hayor Schmidt stated that, assuming this transaction goes through, staff would then have to put together something together to provide that membership to them. In response to the comment made about court lighting, the City Attorney stated that there will be no lighting on the ten tennis courts and they will be open just during the daytime hours. The parking will be open to the public at all times. The City Hanager interjected that it has been dis- cussed with the condominium association the fact that if either the City or they had a special event that was going to generate a large parking demand, it would be coordinated between the two parties. In the normal day-to-day operation, no problem is anticipated. With respect to the concern expressed about liability, the City Attorney stated that the City is not taking on additional liability. On question from Ms. McCarthy, the City Manager stated that the contracts as presented include all of the commitments that are binding on the parties. Ms. McCarthy moved to approve Resolution No. 55-00, seconded by Hr. Schwartz. 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. 10 .D. RESOLUTION NO. 57-00: A resolution establishing a -10- 07/25/00 budget for the Stormwater Utility System, establishing the rates for FY 2001 stormwater management assessments, and certifying and adopting the stormwater assessment roll. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 57-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN ACCORDANCE WITH CHAPTER 56 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE CERTIFICATION AND ADOPTION OF THE STORMWATER ASSESSMENT ROLL. (The official copy of Resolution No. 57-00 is on file in the City Clerk's office.) The City Attorney stated that Resolution No. 57-00 establishes the budget for the Stormwater Utility System, estab- lishes the rates for FY 2001, and certifies and adopts the stormwater management assessment roll. The assessment is pro- posed at a rate of $4.50 per month per ERU (Equivalent Residen- tial Unit), for a total annual assessment of $54.00 per ERU. This is the same as the current year assessment. Property owners within the Lake Worth Drainage District are given a 25% discount, and a separate 25% discount is given to owners of property served by private drainage systems. 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 hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mr. Schwartz moved to approve Resolution No. 57-00, seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - -11- 07/25/00 Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. with a 5 to 0 vote. Said motion passed 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 the inquiry from Mrs. Rolle concerning the house next to Mount Olive Baptist Church and her request that it not be demolished, the City Hanager read the following comments from the Community Redevelopment Agency: "The house has structural damage from termites and water leaks, and will be very expensive to repair. It is small, approximately 1,000 sq.ft., and it will likely not be economically viable for repair and reuse as a residence. Nevertheless, because of its historic significance, the CRA will make all efforts to relocate and restore the house. It may have to sit somewhere on blocks temporarily until funds are available and a permanent location within the historic district can be secured." In response to the inquiry from Hrs. Slavin about the beach parking lots and their closing hours, the City Hanager stated that the parking lot closing times are set administratively with City Commission approval. Hrs. Slavin has been encouraged to present her request to the Parking Management Advisory Board and it is scheduled for consideration at the board's meeting scheduled for today, July 25, 2000. Once the Parking Management Advisory Board makes a recommendation, it will be brought back to the City Commission for consideration. 11 .B. From the Public. ll.B.1. Conrad Sittler, 1011 Lewis Cove, asked that special consideration be given to the amount of time allocated for the residents of the Lewis Cove area to present their concerns to the City Commission. Hayor Schmidt advised Hr. Sittler that he and each of the other individuals who wished to address the Commission at this point on the agenda would be limited to three minutes each as is done for anyone else who chooses to speak at this time. Hr. Sittler then complained about the "ditches" that have been dug on Lewis Cove. In addition to being ugly, he felt they are a liability and a health hazard. Hr. Sittler stated -12- 07/25/00 that he has spent hours with the City Hanager and his staff in an effort to resolve this issue but thus far has received no satisfaction. ll.B.2. David Stewart, 1034 Lewis Cove, stated that he is very dismayed with the ditches that have been put in the front yards on Lewis Cove. A very short notice was provided that did not give the opportunity for the residents to respond prior to the beginning of the work. Further, when the work began, the swales were dug much deeper than what was indicated on the notice. The ditches are aesthetically unpleasing and are a hazard as well. Mr. Stewart stated that he had pulled an 18-month old child out of the swale in front of his house. Also, there is standing water in the ditches which contributes to the breeding of bugs and mosquitoes, and there are tadpoles and snakes living in the water. Mr. Stewart submitted photographs of the situation for the record, and requested that the City take steps to correct the problem and find another way to move the water. ll.B.3. Doreen Graham Hall, 1014 Lewis Cove, stated that it was her understanding that prior to the ditches being dug on Lewis Cove, there were no soil tests done by the City to deter- mine what was under the ground. Further, that the ditches were dug so that the water on the street would drain. She stated that the water cannot drain because the properties are located on a rock ledge. This leaves standing water most of the time which has created a health and safety hazard. Ms. Hall ques- tioned why the City did not do a soil test before having the swales dug, and asked if other alternatives were looked into before the decision was made to tear up what was once a very nice neighborhood? ll.B.4. Rosalie Blood, 1027 Lewis Cove, stated that the swales were put in in an attempt to fix the drainage problem on Lewis Cove, but they have only made the situation worse. She asked that storm drains or gutters be installed instead of the deep swales that are not working and creating a hazardous situation. ll.B.5. Scott Buchanan, 1023 White Drive, stated that the situation with the swales on Lewis Cove really is a problem and is a mistake that should be fixed as soon as possible. The neighborhood is a nice area and he felt that the swales that were dug on Lewis Cove have simply created a mess. ll.B.6. John Hopkins, 1041 Lewis Cove, stated that he felt the situation is a disaster. He questioned if the City had done the proper soil testing or boring prior to the digging of the ditch- -13- 07/25/00 es? He felt that the result has been lowered property values and problems with standing water as both a health and safety hazard. He urged the Commission to take a close look at what has taken place on Lewis Cove and take the necessary steps to rectify the situation as soon as possible. ll.B.7. Kathy Sittler, 1011 Lewis Cove, stated that the ditch- es have not helped with the drainage situation, but have only made it worse. They have created a hazardous situation for children in the neighborhood. Mrs. Sittler asked that the City please reconsider its position on this matter. ll.B.8. Marty Richmond, 1002 Poinsettia Road, stated that he felt the ditches on Lewis Cove have created a very unsafe condi- tion. He acknowledged that there is a drainage problem in the area and suggested that the City look for a solution that would help the entire neighborhood. As a partial response to the concerns expressed by the residents and neighbors of Lewis Cove, the City Hanager stated that the standing water is likewise not acceptable to the City. While he did not know what ultimate solution would be proposed here, certainly the City would have to get rid of the standing water. Since the City started constructing swales, over six miles of swales have been constructed and there has been only one other area where there was a standing water problem. He stated that the problem would be dealt with, one way or another. ll.B.9. Jay Slavin, resident of Rainberry Bay, asked if there has been any movement on televising the City Commission's meet- ings? The City Hanager stated that staff is continuing to look at alternatives. Whether Adelphia Cable would consider doing it for free or not, he had not heard that. That had not been the case in the discussions with them thus far, but there may be another way of doing it. As far as doing it this summer, the City Hanager stated that there is no money in the current fiscal year budget. Hayor Schmidt stated that it will likely be discussed as part of the budget process for the next fiscal year. ll.B.10. Jean Beer, 2145 S.W. 26th Terrace, urged the City Commission to financially support the YATC (Youth Automotive Training Center) program. She felt that this program should be viewed as a critical need in the City because it is something -14- 07/25/00 that will save lives, reduce crime and help to improve neighbor- hoods. ll.B.11. Chuck Ridley, 137 S.W. 12th Avenue, spoke on behalf of Dr. Josh Smith who was unable to attend the meeting. Mr. Ridley commented on the recent mediation process that looked at some conditions that Dr. Smith had brought before the former City Commission. He relayed Dr. Smith's appreciation for the compas- sion demonstrated and the leadership provided by the City. ll.B.12. Alice Finst, 707 Place Tavant, expressed her apprecia- tion to Nilza Madden and Susan Maloney in the City Clerk's Office for their assistance to her in researching an issue. She also expressed her thanks to Sandy Roberts in the Community Improvement Department and to Diana Mund in the Planning Depart- ment for their help as well. Mrs. Finst further thanked the City Commission for initiating the set up of the City's web site where she has been able to access a great deal of information. ll.B.13. Stuart Klein, 4182 N.W. 2nd Street, commented about the lack of trees in the median on Military Trail between Atlan- tic Avenue and Linton Boulevard. He asked if the City had any plans for beautifying the median? Hayor Schmidt advised Hr. Klein that the County is responsible for that roadway. However, his comment would be passed along to the County to see if they could get some land- scaping in there. 12. FIRST READINGS: 12.A. ORDINANCE NO. 15-00: An ordinance annexing a parcel of land located on the north side of West Atlantic Avenue be- tween the Villas D'Este and Windy Creek subdivisions; providing for a small scale Future Land Use Map amendment from County HR-8 (High Residential 8 dwelling units/acre) to City TRN (Transitional); and establishing initial zoning of POD (Professional Office District). If passed, a quasi-judicial public hearing will be scheduled for August 15, 2000. The City Manager presented Ordinance No. 15-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE APPROXIMATELY 1,600 FEET EAST OF -15- 07/25/00 BARWICK ROAD, LYING BETWEEN THE VILLAS D'ESTE AND WINDY CREEK SUBDIVISIONS, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF TRN (TRANSITIONAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO POD (PROFESSIONAL OFFICE DISTRICT); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Acting Director of Planning and Zoning, presented an overview of the application through review of the staff report. The Planning and Zoning Board considered this item at a public hearing on July 17, 2000, and voted 4 to 0 to recommend that the request be approved based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. Mr. Schwartz moved to approve Ordinance No. 15-00 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. (Note: Ms. McCarthy stepped down for the following item. Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 12.B. ORDINANCE NO. 16-00: An ordinance providing for a small scale Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to CF-P (Community Facilities-Public Buildings) and rezoning from R-1-A (Single Family Residential) -16- 07/25/00 District to CF (Community Facilities) District, for a parcel of land located on the south side of Lake Ida Road, approximately 286 feet west of N.W. 5th Avenue, associated with the expansion of the Community Child Care Center. If passed, a quasi-judicial public hearing will be scheduled for August 15, 2000. The City Manager presented Ordinance No. 16-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE HAP DESIGNATION FROM LD (LOW DENSITY RESIDENTIAL 0-5 DWELLING UNITS/ACRE) TO CF-P (COMMUNITY FACILITIES - PUBLIC BUILDINGS), AND REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNI- TY FACILITIES) DISTRICT, FOR A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD, APPROXINLATELY 286 FEET WEST OF N.W. 5TH AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SNLALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING THE OFFICIAL ZONING HAP OF THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Acting Director of Planning and Zoning, presented an overview of the application through review of the staff report. The Planning and Zoning Board considered this item at a public hearing on July 17, 2000, and voted 4 to 1 (Hasner dissenting) to recommend that the request be approved based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan, and Sections 3.1.1, 3.3.2 and 2.4.5(D) (5) of the Land Development Regulations. Mrs. Archer moved to approve Ordinance No. 16-00 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. -17- 07/25/00 Commissioner McCarthy returned to the dais at this time. 12.C. ORDINANCE NO. 14-00: An ordinance amending Chapter 32, "Departments, Boards and Commissions", Subheading "Education Board", of the City Code to provide for increased board member- ship and to clarify and update the duties and responsibilities of the Education Board. If passed, a public hearing will be scheduled for August 15, 2000. The City Manager presented Ordinance No. 14-00: AN ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMIS- SIONS'', SUBHEADING "EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 32.26, "COMPOSI- TION; APPOINTMENT; TERMS", TO PROVIDE FOR INCREASED BOARD MEMBERSHIP; AMENDING SECTION 32.29, "DUTIES AND RESPONSIBILITIES", BY AMENDING SUBSECTION 32.29(D) TO PROVIDE FOR A "STATE OF SCHOOLS" PRESENTATION, BY AMEND- ING SUBSECTION 32.29(H) TO PROVIDE FOR COMMENTS BY THE EDUCATION BOARD TO THE CITY REGARDING THE SCHOOL BOARD OF PALM BEACH COUNTY'S FIVE YEAR CAPITAL IMPROVEMENT PROGRAM AND ITS IMPACT ON CITY SCHOOLS; AMENDING SECTION 32.30, "MEETINGS; REPORTS", BY AMENDING THE HEADING OF AND SUBSECTION 32.30(C) TO DELETE REFERENCES TO REPORTS, REPLACING REPORTS WITH A "STATE OF SCHOOLS" PRESENTATION WHICH IS INCORPORATED IN SUBSECTION 32.29(D); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schwartz moved to approve Ordinance No. 14-00 on FIRST Reading, 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. -18- 07/25/00 12 .D. AGENDA. ORDINANCE NO. 17-00: THIS ITEM WAS REMOVED FROM THE At this point the Commission returned to Item 8., the consent agenda. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. PARKING MANAGEMENT ADVISORY BOARD STRATEGIC Ratify the prior consensus of the City Commission to formally adopt the Parking Management Advisory Board's Strategic Plan. 8.S. FINAL PLAT APPROVAL/TENTH STREET COMMERCE PARK: Approve the final boundary plat for Tenth Street Commerce Park, a proposed light industrial development to be located on the south side of S.W. 10th Street, just west of Wallace Drive. 8.C. ACCEPTANCE OF RIGHT-OF-WAY DEED/ROYAL PALM DRIVE: Accept a right-of-way deed conveying to the City a 25 foot right-of-way tract for Royal Palm Drive in association with the Tenth Street Commerce Park plat. The right-of-way dedication is located immediately south of and adjacent to the Tenth Street Commerce Park site. 8.D. FINAL PLAT APPROVAL/FESSLER ESTATES: Approve the final subdivision plat for Fessler Estates, a proposed two lot subdivision located 1,600 feet south of George Bush Boulevard between Andrews Avenue and State Road A1A. 8.E. OFF-SITE PARKING AGREEMENT/SUNDY ESTATES: Approve an off-site parking agreement for Sundy Estates to provide for the use of sixteen (16) parking spaces within the 20-space valet parking lot located at the southeast corner of Swinton Avenue and S.E. 1st Street, directly across from the Sundy House. 8.F. ACCEPTANCE OF EASEMENT DEEDS/FOXE CHASE SUBDIVISION: Accept two easement deeds which grant to the City a utility easement along the south property line of Lot 8 and the north property line of Lot 9 in the Foxe Chase subdivision located on the south side of Old Germantown Road. The easements are neces- sary for the installation and maintenance of a water main exten- sion to the subject properties. 8.G. ACCEPTANCE OF EASEMENTS/WINTERPLACE A P.U.D.: Accept certain utility easements dedicated to the City of Delray Beach on the subdivision plat for Winterplace A P.U.D., a proposed 151 -19- 07/25/00 lot residential subdivision to be located at the southeast corner of Military and the LWDD Canal L-30. The subject proper- ty is outside of the City limits, but is within the City's water and sewer service area and has an approved water service agree- ment. 8.H. FIRST AMENDMENT TO INTERLOCAL AGREEMENT/WEED & SEED PROGRAM: Approve the First Amendment to interlocal Agreement between the City and Palm Beach County for the Weed & Seed Program to extend the agreement until September 30, 2001. 8.I. RESOLUTION NO. 51-00: Approve a resolution amending Resolution No. 17-97 by amending the list of eligible employees in Exhibit "A" and Exhibit "B" to include all employees eligible for the City's 3% management match program, and adopting the restated ICMA-RC Model Government Plan. The caption of Resolution No. 51-00 is as follows: A RESOLUTION OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 17-97 BY AMENDING THE LIST OF ELIGIBLE EMPLOYEES IN EXHIBIT "A" A_ND EXHIB- IT "B" OF SAID RESOLUTION TO INCLUDE ALL EMPLOYEES ELIGIBLE FOR THE CITY'S 3% MANAGE- MENT NLATCH PROGRAM; ADOPTING THE RESTATED ICNLA-RC MODEL GOVERNMENT PLA_N; PROVIDING FOR A_N EFFECTIVE DATE. (The official copy of Resolution No. 51-00 is on file in the City Clerk's office.) 8.0. LEASE AGREEMENT WITH SOLID WASTE AUTHORITY/TRANSFER STATION: Approve a new lease agreement between the City and the Solid Waste Authority of Palm Beach County for the SWA's lease of the transfer station property located between S.W. 4th Avenue and the FEC Railroad, approximately 600 feet south of Linton Boulevard. 8.K. RESOLUTION NO. 56-00: A resolution assessing costs for action necessary to remove junked and/or abandoned vehicles from four (4) properties within the City. The caption of Resolution No. 56-00 is as follows: A RESOLUTION OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO -20- 07/25/00 CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAIL- ING OF NOTICE OF LIEN. (The official copy of Resolution No. 56-00 is on file in the City Clerk's office.) 8.5. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 10th through July 21, 2000. 8.M. AWARD OF BIDS AND CONTRACTS: Contract awards through the State Housing Initia- tives Partnership (SHIP) program in the amount of $17,793.30 to William Hatcher Construction for rehab of a single family home at 125 N.W. 7th Avenue, and in the amount of $17,094.00 to South Florida Construction for a single family home at 580 Snapper Way, with funding in the total amount of $34,887.30 from 118-1924-554-49.19 (SHIP Housing Rehab) . o Bid award in the estimated annual amount of $20,000 to Palm Beach Laundry and Linen Service for linen rental service for the Delray Beach Hunicipal Golf Course restaurant, with funding from 445-4715-572-52.22 (Hunicipal Golf Course - Uniforms/Linen Service) (FY 2001 budget). o Contract award to NationsBank for City of Delray Beach purchasing card through NationsBank Purchasing Card Program Agreement with the State of Florida (Contract Agreement ~4-973-120-W) . o Approval of payment in the amount of $26,459.92 to Tree-Line Sales & Service, Inc., sole source -21- 07/25/00 provider, for the refurbishment of City Vehicle ~714 (Bucket Truck) to bring the vehicle up to safety standards, with funding from 501-3312-591- 64.21 (Garage Fund/Vehicle Restoration). Mr. Schwartz moved to approve the Consent Agenda, seconded by Hrs. Archer. 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. o REGULAR AGENDA: 9.A. SPECIAL EVENT REQUEST/KUNG FU CONSERVATORY: Consider a request for special event approval for a fundraising event sponsored by Kung Fu Conservatory of Boca Raton on Saturday, July 29, 2000, including a temporary use permit for S.E. 2nd Avenue at the Milagro Center, staff assistance for street barri- cading, security and traffic control, small stage use and setup, and waiver of overtime costs. Robert A. Barcinski, Assistant City Manager, stated that this is a request for a fundraising event sponsored by the Kung Fu Conservatory of Boca Raton to be held on Saturday, July 29th, at the Hilagro Center. Funds raised will be used for granting scholarships to take Kung Fu lessons. The applicant has requested a waiver of overtime costs which is estimated to run about $500.00. The staff recommendation is to consider approval of the event, including the temporary use permit and staff assistance as requested, contingent on the event sponsor providing a certificate of insurance, a hold harmless agreement, and paying all overtime costs. Dianne Levitt, with the Kung Fu Conservatory, ad- dressed the Commission and indicated that her group could not afford to pay the $500 in overtime costs. She asked that the Commission consider waiving the overtime inasmuch as this is a first time event and, hopefully, she would be able to get spon- sorships for future events. On question from Ms. McCarthy, the City Manager stated that there was probably enough money in the City Commission's special event contingency account if the Commission wanted to give $500.00 to this organization. This may seem like a very small amount, but the Police overtime budget is over-expended by about a quarter of a million dollars for a variety of reasons. -22- 07/25/00 Hayor Schmidt commented that he felt this was a worth- while project and he could see supporting it once, but he had a concern about the number of events that are coming up in the City. He felt that the Commission needs to take a serious look at setting some definite guidelines for organizations when they come to the City about how much the City might fund and for how long. Hrs. Archer concurred with the Hayor, and suggested that some recommendations be developed by staff and brought to the Commission on some guidelines that could be established to help get a handle on this situation. Upon further discussion, Hrs. Archer moved to approve the special event request for Kung Fu Conservatory, including a $500 contribution from City Commission contingency account and with the caveat that a final report be provided by Kung Fu Conservatory showing how the funds were spent and what scholar- ships had been granted to demonstrate that the funds were spent to help the community. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - No; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - No; Mrs. Archer - Yes. Said motion passed with a 3 to 2 vote. 9.B. SPECIAL EVENT REQUEST/4TH ANNUAL GODZILLA, SUSHI AND HOT BIKES FESTIVAL: Consider a request for special event approval for the 4th Annual Godzilla, Sushi and Hot Bikes Festival to be held on Sunday, October 8, 2000, including a temporary use permit for Railroad Avenue from Atlantic Avenue to N.E. 1st Street, authority to hang banners no earlier than September 25th, approval of stage use at 50% of the rental fee, and staff assistance for street barricading and security with the event sponsor to pay overtime costs. Robert A. Barcinski, Assistant City Manager, gave an overview of the request as outlined in his background memoran- dum. The staff recommendation is for approval of the request, subject to the receipt of a certificate of liability insurance and a hold harmless agreement. Hrs. Archer moved to approve the special event request for the 4th Annual Godzilla, Sushi and Hot Bikes Festival as recommended by staff. The motion was 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. -23- 07/25/00 9.C. SPECIAL EVENT REQUEST/COLUMBUS DAY CELEBRATION: Consider a request for special event approval for the 1st Annual "Celebration of Columbus Day" sponsored by the Order Sons of Italy in America to be held on Thursday, October 12, 2000. Robert A. Barcinski, Assistant City Manager, stated that this would be the 1st Annual Columbus Day Celebration being sponsored by the Order Sons of Italy in America Lodge ~2719 to be held on October 12, 2000, from 5:00 p.m. until 11:00 p.m. The original request was for a temporary use permit for the closure of South Ocean Boulevard from the south side of Atlantic Avenue to the north side of Hiramar, staff support for traffic control and security, barricade set-up and removal, stage set-up and removal, trash cleanup, authorize the beach parking lots (Harriott, Sandoway and Ingraham) to remain open until midnight, and to consider waiving overtime costs. Hr. Barcinski continued that the request was routed to the Beach Property Owners Association. A letter of objection was received from that organization with a recommendation that the event be moved to a City park. The possibility of moving the celebration to Veterans Park was discussed and the event sponsors are willing to make this change. The Veterans Park location would reduce staffing needs, and the estimated overtime costs at this location would be $900.00. Perry DonFrancisco, on behalf of the Sons of Italy, stated that the organization would be comfortable with holding the event at the Veterans Park location. The only consideration being asked for is perhaps some partial assistance with the estimated overtime costs of $900.00. The City Hanager commented that the proposed Columbus Day event will not take place until the next fiscal year. He suggested that the Commission might want to approve the special event request with the Sons of Italy paying the estimated over- time, but then revisit it after the Commission has had the opportunity to look at the special event report and evaluate it as far as adding additional events and the level of support, if any, the Commission may choose to give them. Hrs. Archer moved to approve the special event request for the 1st Annual Celebration of Columbus Day to be held in Veterans Park, subject to the staff recommendation and with the understanding that the event sponsor will pay the overtime costs; however, that the Commission will revisit the overtime issue after a policy has been established. The motion was -24- 07/25/00 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. 9.D. BID AWARD FOR PLUMBING SERVICES AND REPAIRS ANNUAL CONTRACT: Consider approval of a bid award in the estimated annual amount of $15,960 to Stokes Mechanical Contractor, Inc. as the lowest responsible bidder (second iow bid) for the plumb- ing services and repairs annual contract, with funding from various departmental operating budgets. The City Hanager explained that this bid is to provide the City with plumbing services over the course of the coming year. It is on the regular agenda because the recommendation is to award to the second low bidder, Stokes Hechanical Contractor, as the lowest respondible bidder instead of to the apparent low bidder, Bishop Plumbing Company. The reason for this recommendation is that Public Works staff have had several unacceptable experiences with Bishop Plumbing as outlined in the backup material. Hr. Schwartz moved to approve the bid award for the annual plumbing services and repairs contract to Stokes Hechani- cal Contractor as the lowest responsive bidder. 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.E. ESTABLISHMENT OF PROPOSED MILLAGE RATE: Consider establishing the proposed millage rate for FY 2001. The City Hanager stated that he recommended setting a proposed millage rate of 8.15 mills. For all practical purpos- es, once the proposed millage rate is set it is very difficult to go higher. It can be done at the time the tentative millage rate is adopted, but would involve renoticing all of the proper- ty owners in the City which would be a very cumbersome and expensive process. The millage rate can be reduced both at the first public hearing and at the second public hearing. The recommended proposed millage of 8.15 mills is a one-half mill increase over our current rate of 7.65 mills. The half mill will cover the debt service on the bonds issued within the past year primarily to bring all of the City streets up to Grade "B" or better, pave the unpaved streets that are serving developed property, and to purchase a new Police/Fire radio system. The -25- 07/25/00 total of those bonds is a little over $11 million. In addition to that, there is the increased cost for the Police and Fire pension plans at $567,000. These two items together will ac- count for the one-half mill. There has been growth in the tax base which brings in additional revenue that will enable the City to address some of the other things that the public has been asking for over the past year or so. The City Manager further commented that even at this level, there are still nearly $2 million in departmental requests that are not being funded. Hr. Schwartz moved to establish the proposed millage rate for FY 2001 at 8.15 mills. The motion was 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. 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The City Hanager stated that, as mentioned by Hr. Ridley, there was a meeting last Wednesday (July 19th) with Hr. Battles from the Community Reconciliation Service with the Justice Department, Dr. Josh Smith and several other folks that Dr. Smith chose to bring to the meeting. The meeting was about the issues that Dr. Smith had raised, principally dealing with maintenance of alleys and also assessments for code enforcement liens and/or nuisance abatement liens. The City Hanager stated that he felt it was a productive meeting and that he was encour- aged by it. The next step is for Mr. Battles to write up what he perceived as the conclusions of the meeting and get that back to us. Staff would then bring that forward to the Commission to see if the proposals that were discussed for dealing with the issues are what the Commission would like to move forward with. The City Manager felt that Mr. Battles was able to get to the heart of the issues and will hopefully help everyone come up with some alternatives for resolving these matters. With respect to the expansion of the Community Child Care Center, the City Manager stated that he wanted to acknowl- edge the fine job done by Lula Butler and Housing Rehab Special- ist Dennis Thompson in handling what was a difficult transac- tion. The expansion had been held up for quite some time be- cause of one property owner that did not want to sell. Hrs. Butler and Mr. Thompson were asked to get involved and spent -26- 07/25/00 many hours working with the property owner to resolve all of the issues that she had and to bring the acquisition to a successful conclusion. Commissioner HcCarthy added that the property transac- tion had to do with a piece of vacant land, not someone's home- stead or a house that was being lived in. In each situation, the time was taken to create win-win situations in order that people did not feel displaced, were not displaced, and were not relocated to places they did not want to be when they opted to relocate. They were very happy with their decision and the situation was made as stress-free as possible. Commissioner McCarthy complimented Mrs. Butler and Mr. Thompson on going the extra mile to make sure that the people involved were treated fairly. 13 .B. City Attorney. The City Attorney publicly expressed her thanks and appreciation to Mr. David Frankel, President of the Delray Racquet Club Association, who was very instrumental in bringing about the successful resolution of the International Tennis Resort property transactions. 13.C. City Commission. 13.C.1. Commissioner Archer Commissioner Archer commented that she felt the resolution of this issue of the fines for the West Atlantic area communities was one of the most important issues that needed to be resolved as a City. She felt that it would have a major impact on moving ahead with the communication that the Commis- sion wants to put forth with the community and on the develop- ment of West Atlantic Avenue. Mrs. Archer stated that she looked forward to reviewing all of the information so that a decision could be reached to finally resolve the matter. Hrs. Archer then publicly thanked Chuck Ridley for all of his input into the discussions that have taken place with regard to the Back Room. She also thanked Commissioner McCarthy for all of her time and effort in this same regard, and publicly expressed her appreciation for their efforts. Commissioner Archer then reported on the recent Metro- politan Planning Organization (HPO) meeting. She noted that the City has improvements and widening coming up on Lake Ida Road as -27- 07/25/00 well as on Linton Boulevard. In addition to that, the MPO has approved the widening of the turnpike between Glades Road and Atlantic Avenue and will also be approving the widening of West Atlantic Avenue from Jog Road to the turnpike entrance. These projects will be taking place probably while some of these other improvements are going on. The MPO is also discussing the potential widening and lengthening of the turnpike bridge over West Atlantic Avenue. There are no funds for this right now but it will be in the budget in the next few years and they are looking to try to move it up with other funding sources. Hrs. Archer felt it was important to monitor these improvement projects with the County and the HPO in an effort to lessen or alleviate the impact they are going to have on the City. 13.C.2. Commissioner Perlman provided an update on the YATC program. He and the Police officers involved have been talking to South Tech and he felt that it looks pretty good. He was very hopeful that the program could actually become a reality and that South Tech would pick up a great amount of the cost because it has the facilities and the instructors. The only component South Tech does not offer is the mental health aspect. Mr. Perlman felt that could be bridged by looking for sources in the community that perhaps could offer some counseling. He enthusiastically supports the program and the positive impact that it will have on people's lives. Hr. Perlman stated that he and Commissioner Schwartz had attended Spady Day on Sunday, July 23rd, at the Spady House Huseum. He felt that it was a great event and that the project is progressing nicely. Hr. Perlman then commended the staff for all of their work on the Laver's (International Tennis Resort) transaction. He realized that it was a painstaking process but that ultimate- ly it was worth it. He also expressed his appreciation to Commissioner McCarthy and Chuck Ridley for their successful work with the Back Room issue. 13.C.3. Commissioner McCarthy commented that she was looking forward to playing golf on Sunday in the Roots Festival golf tournament as it will be her first official, real game. 13.C.4. Commissioner Schwartz stated that he echoed all of the comments and remarks made by the other Commissioners. 13.C.5. Mayor Schmidt commented that he was also at the meet- ing with Mr. Battles and he felt that it was very productive. A -28- 07/25/00 good dialogue was established and there was the opportunity to explain and address some issues, and break down the barriers on both sides. Hayor Schmidt then stated that he had attended a birthday celebration this afternoon and presented a proclamation to Josephine Pantano who, it is believed, is the oldest resident in Delray Beach. She turned 102 years today and is quite a remarkable lady. There being no further business, adjourned by Hayor Schmidt at 9:30 p.m. the meeting was City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of the City Commission held on July 25, 2000, which minutes were formally approved and adopted by the City Commission 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. -29- 07/25/00 Museum. He felt that it was a great event and that the project is progressing nicely. Mr. Perlman then commended the staff for all of their work on the Layer's (International Tennis Resort) transaction. He realized that it was a painstaking process but that ultimate- ly it was worth it. He also expressed his appreciation to Commissioner McCarthy and Chuck Ridley for their successful work with the Back Room issue. 13.C.3. Commissioner McCarthy commented that she was looking forward to playing golf on Sunday in the Roots Festival golf tournament as it will be her first official, real game. 13.C.4. Commissioner Schwartz stated that he echoed all of the comments and remarks made by the other Commissioners. 13.C.5. Mayor Schmidt commented that he was also at the meet- ing with Mr. Battles and he felt that it was very productive. A good dialogue was established and there was the opportunity to explain and address some issues, and break down the barriers on both sides. Mayor Schmidt then stated that he had attended a birthday celebration this afternoon and presented a proclamation to Josephine Pantano who, it is believed, is the oldest resident in Delray Beach. She turned 102 years today and is quite a remarkable lady. There being no further business, adjourned by Mayor Schmidt at 9:30 p.m. the meeting was ~ity Clerk ; ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of the City Commission held on July 25, 2000, which minutes_were formally approved and adopted by the City Commission on ~J! _~xfb9L /~ ~O~ ' /City-~rk - -25- 07/25/00 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- 07/25/00 To: DeL-ay Beach City Commission CC: David Harden, City Manager Frorn: Charles Ridley, Executive Director, MAD DADS, Inc. Dat~: July 24, 2000 R~: Community Dialog Committee Recomm~ldation - Back Room Lounge & Store This is in response to the direction and support to from a collaborative committee in response to the problems brought to your attention at your regular meeting of July 11, 2000 by residents living near the Back Room lounge business. I suggested, and you supported the concept of coming together under a collaborative community dialog to address the nuisance and other issues that are affecting thc quality of life for adjacent residential neighborhoods. A collaborative committee consisiing of Mr. John Yurt and his two businesses panners, representatives from adjacent residential neighborhoods, club patrons, Police Department, West Atlantic Avenue Redevelopment Coalition (WARC), community activists, the CRA and City staff met to define the issues and options. A copy of the minutes from that first meeting is 'attached for your reference. The committee elected to form a smaller group that would meet further with the business owners to discuss the issues and come up with a consensus position and recommendation that would be brought back to the City Commission. Three more meetings were held, with one of them being a separate meeting hosted at the Back Room lounge facilitated by me with an expanded group ofpairons. I am pleased to report that we have a consensus and recommendation for the Commission this evening. We believe the community dialog process has proven to be a very effective tool and represents the beginning of our efforts to address other nuisances and crime impacting residents abutting and businesses located along the West Atlantic Avenue corridor. We will continue to utilize this process to communicate as parmers and enhance the quality of life for all. A summary of the consensus position and our recommendation to you is describ~ below. Comm~ee Recommendation: Thc owners of the Back Room Lounge will voluntarily dose the lounge operation. The liquor store will remain open as a retail business and will operate during normal business hours only, proposed at IO:OOAM to IO:OOPM daily. July 25, 2000 The owners will agree to not lease to any other tenant or open a new business of any type in thc existing lounge space. The business owners will agree to accept a grant for $100,000 that will be applied to exterior improvements of the building including new landscaping and improvements to the existing parking lot. · The owners will agree to support and encourage Police enforcement of "no trespassing" on the property during non-business hours and will discourage and control the use of the existing parking lot for "loitering" during business hours. · Agreed to not supply customers with cups and ice normally used for the convenience of consumption at and around the business location. · Agreed to comply with all applicable regulations under the City's Code of Ordinances and the Bureau of Alcohol & Tobacco that governs businesses holding a liquor license for retail package sales. · Agreed to acknowledge and represent, by plaque or some other agreed upon method, the historical significance of this business as the site of the original "Golden Slipper" lounge. In addition, the comtnittee is recommending that: · The City/CRA, under the MacArthur initiative, will provide for the review of the existing West Atlantic Avenue Redevelopment Plan and incorporate the provision for some type of entertalnment business suitable for young adults. · The City and CRA will actively seek out and encourage participation flrom the patrons group in the decision-making process as we develop West Atlantic Avenue. This participation could be in the form of board appointments, special committees and/or commRRity dialOgUe meetings. · The CRA will review and identify location(s) within the redevelopment area that are best suited for development as an "entertainment" business that is supported and marketed to the young adult. The agency will begin to acquire and assemble land for this purpose anticipating the issuance of a RFP for the same. Next Step: The committee hun determined that the issues along the West Atlantic corridor are not limited to the Back Room Lounge. Therefore, the committee will continue to use the highly effective community dialogUe collaborative with other businesses that are contributing to blighted conditions and illegal or criminal activity OC, CUlTi/Ig along this corridor. The owners of the Bi-Lo Market, Community Food Store, Mario Grocery and the Amoco Gas Station and multi- family rental units are targeted to be engaged in this process. We appreciate the Commi-nsions support and patience with this process and trust that this recommendation will be embraced that we will move forward as quickly as possible with the implementation of all aspect of the recommendation.