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08-15-00AUGUST 15, 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, August 15, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - Commissioner Alberta McCarthy Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Hayor David Schmidt. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. Hayor Schmidt noted the addition of Item 7.A., Presen- tation by Elizabeth Wesley on the Roots Cultural Festival, to the agenda by addendum. Mayor Schmidt also asked that Item 7.B., Introduction of "Sonny" by Officer Skip Brown, be added to the agenda. Hr. Schwartz moved to approve the agenda as amended, seconded by Hr. 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. o Approval of Minutes: Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of July 25, 2000, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.a. Literacy Awareness Month - September 2000. Hayor Schmidt read and presented a proclamation in recognition of the month of September, 2000, as Literacy Aware- ness Month. The Mayor added that the elementary schools in town are always looking for people to go into the classrooms and read to the children. It is a wonderful experience and he encouraged everyone to participate in this program. 6.S. Recognizing and commending Alfred "Zack" Straghn. Hayor Schmidt read and presented a proclamation recog- nizing and commending Alfred "Zack" Straghn for his exemplary leadership and as a superb example of dedicated service to God and his community. Hr. Straghn came forward to accept the proclamation. He thanked everyone for this special recognition, and remarked that the best decision he ever made was deciding to stay in Delray Beach and build his life here instead of going off to the big city. Presentations: 7.a. Elizabeth Wesley on the Roots Cultural Festival. (BY ADDENDUM) Mr. Tommy Stevens, Executive Director of Roots Cultur- al Festival, reported that the recently concluded 23rd Annual Roots Cultural Festival was a great success. He thanked every- one for all of the support provided by the City to the festival. Hr. Stevens then distributed festival T-shirts as well as certificates of appreciation for the City's support. Hs. Wesley commented that a reception will be held at a later date to recognize all those who helped to fund and support the festi- val. 7.S. Introduction of "Sonny" by Officer Skip Brown. Officer Brown introduced "Sonny", a C.C.I. (Canine Companions for Independence) puppy. Sonny is 12 weeks old, weighs 22 pounds, and his job will ultimately be spends 15 months with Officer Brown and learns about 30 commands; go back to orlando for six months of intensive training and he will be -2- 08/15/00 assigned to someone who is a quadraplegic or anyone that would like to have such a dog to help them out with a disability. As a part of Sonny's training, Officer Brown asked for access to City-owned buildings when Sonny is ready Officer Brown comment- ed that he views Sonny as something of a gift that has been given to him to rearrange a bit so that the gift can be returned to someone who will truly benefit from and appreciate the time, effort and love put into Sonny's training. o CONSENT AGENDA: City Manager recommends approval. 8.a. REASSIGNMENT OF PREVIOUSLY APPOINTED ADVISORY BOARD MEMBERS: Rescind the prior appointments of Gary Eliopoulos to the Historic Preservation Board and Rhonda Sexton to the Site Plan Review and Appearance Board, and ratify the appointments of Gary Eliopoulos to the Site Plan Review and Appearance Board and Rhonda Sexton to the Historic Preservation Board. 8.B. COMMITMENT TO PROVIDE FUNDING FOR PHASE II OF THE DELRAY BEACH HISTORIC STRUCTURES SURVEY: Approve an application to the Florida Department of State, Division of Historical Re- sources for funding assistance to complete the Delray Beach Comprehensive Historic Structures Survey and approve the commit- ment of $5,000.00 as half of the local share of funding. 8.C. REVISED INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY (N.E. 4TH STREET): Approve a revised interlocal agreement be- tween the City and Palm Beach County related to roadway improve- ments along N.E. 4th Street from Swinton Avenue eastward to N.E. 6th Avenue (northbound Federal Highway) to increase the amount of the County's reimbursement by $5,500.00 and to extend the date for completion by one year. 8.D. 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 109th homeownership assistance grant provided through the program to-date. 8.E. APPOINTMENT OF OUTSIDE COUNSEL/MARULLO V. CITY OF DELRAY BEACH AND GAYLE NYE: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. 8.F. REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development -3- 08/15/00 Boards for the period July 31st through August 11, 2000. 8.G. AWARD OF BIDS AND CONTRACTS: Purchase award in the amount of $11,117.54 to Corporate Express, via Florida State contract, for the purchase of office furniture for the ESD maintenance building expansion, with funding from 441-5161-536-64.10 (W&S Capital Outlay - Office Furniture & Fixtures). o Purchase award in the amount of $32,907 to Gate- way Computers, via Florida State contract, for the purchase of nine (9) laptops for the Police Department, with funding from 334-6111-519-64.29 (COPS MORE - Lap Tops). o Bid award in the amount of $2,054,929.26 to Florida Blacktop, Inc., for the construction of improvements along Pineapple Grove Way between the alley north of East Atlantic Avenue and NE 4th Street, with funding from 334-6111-519-65.12 (General Capital), 442-5178-536-65.12 (W&S Renew- al & Replacement , and 448-5461-538-65.12 (Storm- water Utility). o Purchase award in the amount of $77,975.00 to Laerdal Hedical Corporation for (34) thirty-four semi-automatic external defibrillators, with funding from 115-0000-334-18.00 (EMS Grant/EKG Defibrillators) in the amount of $59,400.00 and 115-0000-248-99.00 (Federal Forfeiture Funds in the amount of $18,575.00. Hr. Schwartz moved to approve the consent agenda, seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o REGULAR AGENDA: 9.a. REMOVAL OF TEMPORARY STREET CLOSURE/S.E. 4TH STREET: Consider approving the removal of the temporary street closure at S.E. 4th Street between S.E. 6th Avenue (northbound Federal Highway) and S.E. 7th Avenue. Paul Dorling, Acting Director of Planning and Zoning, -4- 08/15/00 explained that in 1996 the Planning and Zoning Board approved a temporary closure at S.E. 4th Street just west of S.E. 7th Avenue near the 7-Eleven convenience store. The temporary closure was in response to concerns raised by the Harina Histor- ic District Homeowners Association over excessive speeds, traf- fic volume and commercial traffic encroachment from the 7-Eleven into the residential neighborhood to the east. The diagonal closure was in place for a much longer period of time than was originally anticipated. With the closure in place, the City commissioned an outside engineering firm to do an analysis of the closure to find out if the closure was appropriate and if in fact it was working in achieving the desired results. The study was completed and the engineers found that the street closure was, in their opinion, not appropriate in that it was simply diverting traffic to other residential streets in the area and not eliminating the traffic problem. Hr. Dorling stated that the recommendations of the engineering firm (HcHahon & Associ- ates) were to remove the closure and to implement alternative traffic calming measures. The Planning and Zoning Board consid- ered these recommendations at a public hearing held on July 17, 2000. Hany residents objected to the removal of the street closure and were concerned with cut-through traffic, speeding and trash. Some people suggested that S.E. 4th Street be changed to one-way westbound, and another person felt that the traffic calming measures should be in place prior to removal of the closure. The Board voted 3 to 2 to remove the closure based on a finding that the closure had failed to achieve its goals and had resulted in traffic being diverted to other residential streets, subject to the condition that other traffic calming measures be simultaneously implemented in accordance with the December 1998 "Traffic Pattern Analysis for Marina District". On question from Hrs. Archer, Randal Krejcarek, City Engineer, stated that the intent would be to do two things in terms of traffic calming. The first would be to put in chicanes in the 200 block of S.E. 7th Avenue which would create a meandering effect as one travels south. The second would be to put in what would be a right-in, right-out at northbound 3rd and 4th Streets or to put in a semi-diverter that would allow traffic to exit the neighborhood on 4th or on 3rd Street, but would not allow the traffic to come in to the neighborhood, or some combination of traffic calming measures could be done at both the 3rd and 4th Street intersections with northbound Federal Highway. Hayor Schmidt commented that he had received several telephone calls earlier in the day from residents in the area, -5- 08/15/00 including the President of the Homeowners Association who ex- pressed a desire to address the Commission on this item at tonight's meeting. The Mayor stated that the Homeowners Association would like the Commission to delay action on the item so that they can sit down with the City Engineer and try to come up with a plan for the traffic calming measures that would address their concerns about traffic. It was the consensus of the City Commission to hear from the President of the Marina Historic District Homeowners Association, Mr. Robert Hewett, 214 S.E. 7th Avenue. Mr. Hewett discussed the types of traffic problems which occur in the neighborhood and asked that the community be afforded the oppor- tunity to try to design something in conjunction with the City to control the traffic within the neighborhood. Upon further discussion, Hr. Perlman moved to postpone consideration of the removal of the temporary street closure on S.E. 4th Street for a period of sixty (60) days to allow time for the Homeowners Association and staff to work out a mutually agreeable arrangement, and reschedule the item for consideration at the October 17, 2000 regular meeting. The motion was second- ed by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.S. NA~4ING OF THE INTERNATIONAL TENNIS RESORT PROPERTY: Consider naming of the International Tennis Resort Property. The City Hanager asked that this item be delayed and placed on the August 22nd agenda as a special meeting item. He stated that the City Attorney had done a corporate name search and there is an inactive corporation, Delray Beach Racquet Club, Inc. The individual who had the name is on vacation and is supposed to be back on August 21st so the City Attorney suggest- ed that we at least speak with that individual before we choose the name that staff is recommending. If the Commission wished to select another name for the facility, then it would not be necessary to wait. Discussion by the Commission followed, after which it was the consensus to rename the International Tennis Resort property the "Delray Swim & Tennis Center". Mrs. Archer so moved, seconded by Hr. Schwartz. 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. -6- 08/15/00 9.C. SPECIAL EVENT REQUEST/6TH ANNUAL DELRAY BEACH STREET CRAFT FESTIVAL: Consider a request for special event approval to hold the 6th Annual Delray Beach Street Craft Festival on September 9th and 10th, including a temporary use permit, and approval for police security with the sponsor paying all police overtime costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. He stated that the staff recommendation is for approval of the event, including the temporary use permit, staff support for Police security with the sponsor paying all Police overtime costs, and contingent on the sponsor providing liability insurance and a hold harmless agreement. Hr. Schwartz moved to approve the special event re- quest for the 6th Annual Delray Beach Street Craft Festival as recommended by staff. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.D. REJECTION OF BID/WEST ATLANTIC AVENUE: Consider approval of staff's recommendation to reject the bid received for the West Atlantic Avenue Beautification Project - Phase I. Richard Hasko, Director of Environmental Services, explained that only one bid was received for the project and that bid was approximately thirty percent (30%) higher than the engineer's estimate. The engineer's estimate was $1,183,168.70. The sole bid from Weekly Asphalt came in at $1,547,360.93. In the opinion of the City's consultant, URS/Dames Moore, the single bid resulting from the bidding process was not representative of competitive pricing of the proposed improvements. The recommendation was to reject the bid and rebid the project for competitive pricing. Mr. Hasko further stated that the rebid schedule would be set so that construction could begin immediately after the Delray Affair in the spring of 2001. That would ensure that the majority of the construction would be completed during the summer of 2001. On question from Mayor Schmidt, Mr. Hasko stated that the construction delay for Phase I of the West Atlantic Avenue project would not have any impact on the timing of the other two phases. In addition, with the delay of the Phase I improvements -7- 08/15/00 for 4 to 6 months into the spring and summer of 2001, there will be no impact on seasonal traffic. Hr. Schwartz moved to reject the bid received for the West Atlantic Avenue Beautification Project - Phase I and authorize staff to rebid the project. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.E. CONTRACT FOR PURCHASE OF PROPERTY: Consider authoriz- ing the City to purchase certain property (Lots 12 and 13, Block 2, Silver Terrace), and accepting the contract for sale and purchase. The City Attorney stated that a postponement is re- quested until the September 7, 2000 City Commission meeting as the contract for sale and purchase has not yet been finalized. Hr. Schwartz moved to postpone consideration of the proposed purchase of property to the City Commission regular meeting scheduled for September 7, 2000. The motion was second- ed by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 9.F. LICENSE AGREEMENT BETWEEN THE CITY AND PNC INVEST- MENTS, INC.: Consider approval of a license agreement between the City and PNC Investments, Inc. to hold the "PNC Investments Florida Open" (Squash tournament) at the Municipal Tennis Center from November 8th through 12, 2000. The City Hanager stated that the contract outlines what is to be provided by both the City and PNC Investments. In addition, a separate memorandum had been provided detailing the costs of the various services that the City would be asked to provide. The net estimated cost to the City would be about $11,000 at the most. The City Hanager felt that the estimated Police coverage is more than what would be needed for the event, and that would reduce the City's cost somewhat. He further noted that Palm Beach County is putting up all of the cash involved, and the tournament is an internationally televised event. To cooperate with the County and to get the media expo- sure and economic benefit for the City, approval of the license agreement is recommended. Discussion ensued on the positive economic benefits to -8- 08/15/00 the City. It was felt that the benefits to the City are worth what it will cost the City to bring the event to the Tennis Center. Hrs. Archer moved to approve the license agreement with PNC Investments, Inc., seconded by Mr. Perlman. Prior to roll call, Mr. Perlman commented that while he would support this particular event, especially since it will help the City with the Sports Commission, he felt it was impera- tive to get a strategic plan in place for the Tennis Center where there is a business plan and a long term strategy for where the City wants to go with the facility. Then there would be hard and fast policies, and the City would be able to tell people what the City wants when they come to the City wanting to hold events. Hrs. Archer concurred in that she felt it was impor- tant to get some sort of plan in place for what the City is going to do with supporting the various activities in the commu- nity and also have some sort of game plan for the operation of the Tennis Center, including the stadium. With the recent acquisition of the Swim and Tennis Center, she felt that it would take about a year to sort everything out and develop an overall plan as to how the City is going to handle its affairs as far as recreational facilities and events at the center. Upon roll call the Commission voted as follows: Hr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Ap- point four members to the Planning and Zoning Board for two year terms ending August 31, 2002. The appointments will be made by Commissioner McCarthy, Mayor Schmidt, Commissioner Perlman and Commissioner Archer. Hayor Schmidt noted that Commissioner HcCarthy had provided a letter with respect to her appointment to the Plan- ning and Zoning Board so that the appointment would not be delayed due to her absence. Commissioner HcCarthy recommended the reappointment of Dwayne Randolph to the Planning and Zoning Board for a two year term ending August 31, 2002. Mr. Schwartz so moved, seconded by Mr. Perlman. Upon roll call the Commis- sion voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. -9- 08/15/00 Hayor Schmidt stated that he wished to appoint Jess Sowards to the Planning and Zoning Board for a two year term ending August 31, 2002. Mr. Perlman so moved, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Commissioner Perlman moved to reappoint Lloyd Hasner to the Planning and Zoning Board for a two year term ending August 31, 2002. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. Commissioner Archer moved to appoint Ken Peltzie to the Planning and Zoning Board for a two year term ending August 31, 2002. The motion was 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. At this point, the time being 6:55 p.m., the Commis- sion moved to Item 12., First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 20-00: An ordinance amending Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", of the City Code by repeal- ing Subsection 56.16(E) and enacting a new Subsection 56.16(E) in order to remove any reference to the Master Appraisal File. If passed, a public hearing will be scheduled for September 7, 2000. The City Manager presented Ordinance No. 20-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 56, "STORMWATER", SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION 56.16(E) OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUBSECTION 56.16(E) AND ENACTING A NEW SUBSECTION 56.16(E) IN ORDER TO REMOVE ANY REFERENCE TO THE MASTER APPRAISAL FILE; PROVIDING A -10- 08/15/00 GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 20-00 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - 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. 11 .A. City Manager's response to prior public comments and inquiries. In response to the inquiry about why the restrooms at the Tennis Center were closed during the First Night event, the City Hanager stated that the stadium restrooms were closed because they were used as dressing rooms for the ice skaters. The stand-alone restroom building and the Community Center restrooms were open. However, after each performance, those were closed to people leaving so that the next show's crowd could get in and they were then able to use the restrooms. As an update on Lewis Cove, the City Manager reported that the City had Nutting Engineering take soil samples and they are in the process of determining soil characteristics so that appropriate measures can be taken to insure that the water percolates and does not stand in the swales. As previously mentioned, soil borings were not taken prior to construction. The City has constructed about 30,000 lineal feet of swales and this is only the second time that there has been a standing water problem. It would not be a wise expenditure to test every area before the swales are built. At this point, the Commission moved to Comments and Inquiries on Non-Agenda Items. Item 13., 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. -11- 08/15/00 The City Hanager had no comments or inquiries. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Archer commented that she wanted to attend more of the events, including the parade, scheduled during the Roots Festival but because of her foot surgery it was better that she not spend much time walking on it. She missed alot of activities over the last four or five weeks, but was very glad to see that there was a wonderful turnout and everyone had a good time. 13.C.2. Commissioner Perlman commented that he had a great time during the Roots Festival parade. As it happened, the Superintendent of Schools and School Board Member Art Johnson ended up riding with him so he had the opportunity to lobby them on all of Delray's issues. He also had a great time at the Taste of Africa event and the golf tournament, and felt that the Roots Festival did an outstanding job this year. Mr. Perlman stated that he went to the Florida League of Cities conference and went to a seminar on redevelopment. There were alot of people there and alot of cities represented, and he was very proud of the fact that Delray Beach was the only city specifically referenced as a success story for redevelop- ment. 13.C.3. Commissioner Schwartz also commented that he felt the Roots Festival was very impressive. The turnout was fantastic and the whole festival was a very successful event. Hr. Schwartz commented that he, too, attended the Florida League of Cities conference and, as a first time attend- ee, he found it to be very educational and hoped that what he learned can be of some benefit to the City. 13.C.4. Mayor Schmidt commented that he was at the Chamber breakfast this morning welcoming the new teachers. If the teaching staff at the new Village Academy is any indication of how that school is going to operate, it is going to be a tremen- dous success. They are an extremely enthusiastic group of people and the school is set to open tomorrow on August 16th. -12- 08/15/00 At this point, the time being 7:02 p.m., the Commis- sion moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.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 Density Residential 8 dwelling units/acre) to City TRN (Transitional); and establishing initial zoning of POD (Profes- sional Office District). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING (as to zoning) 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 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 and stated that the item would be conducted as a quasi-judicial -13- 08/15/00 hearing (as to zoning) 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. Paul Dorling, Acting Director of Planning and Zoning, entered the project files into the record. He stated that the actions (annexation, small scale Future Land Use Hap amendment, and establishment of initial zoning) are being processed to accommodate the future development of a professional office district. The Planning and Zoning Board considered the applica- tion at a public hearing on July 17, 2000. Three members of the public expressed concerns about the existing billboard, buffer- ing to the north and the height and design of the future struc- ture. After discussion, the Board voted 4 to 0 to recommend approval of the requests 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. Michael Weiner, attorney representing the applicant, presented the Planning and Zoning Department staff report as evidence that the subject proposal meets each and every aspect of the required findings necessary for approval. 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 who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 15-00 on Second and FINAL Reading based upon the findings and recommenda- tion of the Planning and Zoning Board. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.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) District to CF (Community Facilities) District, for a parcel of -14- 08/15/00 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDI- CIAL HEARING (as to zoning) The City Manager presented Ordinance No. 16-00: A_N ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE NLAP 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 NLAP 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 and stated that the item would be conducted as a quasi-judicial hearing (as to zoning) 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. Paul Dorling, Acting Director of Planning and Zoning, entered the project files into the record. He stated that the petition involves both a small scale Future Land Use Map amend- ment (for 8 lots) and rezoning (for 7 lots) to accommodate an expansion of the Community Child Care Center located on Lake Ida Road. The Planning and Zoning Board considered the application at a public hearing on July 17, 2000. There was some comment -15- 08/15/00 from residents of the Chevy Chase subdivision on the north side of Lake Ida Road about potential noise problems and hours of operation. After discussion, the Board voted 4 to 1 to recom- mend approval of the requests based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section 2.4.5(D) (5) (Rezoning Findings) of the Land Development Regula- tions. Jose Aguila, Currie Partnership, agent representing the applicant, stated that there are no issues with the staff report. He further advised that following the Planning and Zoning Board public hearing, the members of the homeowners association on the north side were invited to come over to the facility to see what was really being proposed. Mr. Aguila stated that the residents were then satisfied and comfortable with the project. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Hayor Schmidt declared the public Speaking from the audience were the following: hearing open. John Bennett, 137 Seabreeze Avenue, spoke in support of the application as he felt that the Community Child Care Center is a very important community facility and provides a wonderful service to the City. Bill Wood, President of the Greater Delray Beach Chamber of Commerce, spoke in support of the application as the Child Care Center is an extremely worthwhile endeavor. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 16-00 on Second and FINAL Reading based upon the findings and recommenda- tion of the Planning and Zoning Board. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as fol- lows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 18-00: An ordinance designating the Atlantic Avenue Bridge, located at East Atlantic Avenue and the -16- 08/15/00 Intracoastal Waterway, to the Local Register of Historic Places. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 18-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING HAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-00 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, gave a report on the two issues which had been raised by the City Commission at first reading of Ordinance No. 18-00 on August 1, 2000. The first concern was with what effect an historic designation would have on the ability to provide maintenance and repair to the bridge. Hr. Dorling referenced LDR Section 2.4.6(J) (1) which provides that a certificate of appropriateness (COA) would not be required for general, occasional maintenance of any historic structure. He further noted that in 1997 the Palm Beach County Commission designated the Camino Real Bridge in Boca Raton as historic over the opposition of the Florida Inland Navigation District (F.I.N.D.) which centered around similar repair and maintenance issues. This designation has not negatively impacted that bridge. The second issue that was raised was Resolution No. 86-95 which was passed by the City Commission in November, 1995, and stated the City's opposition to the reconstruction of the Ocean Avenue Bridge in Boynton Beach. The resolution also opposed any construction or reconstruction of any bridges located within the city limits of Delray Beach utilizing U.S. Coast Guard guide clearances requiring a 21 ft. vertical clearance and a 125 ft. horizontal clearance. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and -17- 08/15/00 the Charter of the City of Delray Beach, Florida. Hayor Schmidt declared the public Speaking from the audience were the following: hearing open. Susan Hurlburt, 1230 Vista Del Har, and Chairperson of the Historic Preservation Board, urged the City Commission to support the historic designation for the Atlantic Avenue Bridge. One of the main reasons for the historic designation is to help protect the integrity of nearby neighborhoods and historic districts in the City in the overall, long term picture. Bill Wood, President of the Greater Delray Beach Chamber of Commerce, expressed the Chamber's support for the historic designation as well as support from the Delray Mer- chants and Business Association to expedite this effort. He urged the Commission to support the historic designation for both the Atlantic Avenue Bridge as well as the Eighth Street Bridge (George Bush Boulevard Bridge). John Bennett, Vice-President for Governmental Rela- tions, Beach Property Owners Association, stated that the association wholeheartedly supports the designation of the Atlantic Avenue Bridge as historic. He commented on the historical significance with respect to its dedication to Hr. C.Y. Byrd, a long-time public servant and the first City attorney for the City of Delray Beach. Mr. Bennett urged the City Commission to support Ordinance No. 18-00. There being no one else who wished to address the Commission, the public hearing was closed. Hrs. Archer commented that she felt it would be impor- tant for the City to pursue historic designation at the State level if there would be a real advantage to having it. Mr. Schwartz moved to approve Ordinance No. 18-00 on Second and FINAL Reading, seconded by Mrs. Archer. 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. 10.D. ORDINANCE NO. 19-00: An ordinance designating the George Bush Boulevard Bridge, located at George Bush Boulevard and the Intracoastal Waterway, to the Local Register of Historic Places. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to -18- 08/15/00 be held at this time. The City Manager presented Ordinance No. 19-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE GEORGE BUSH BOULEVARD BRIDGE LOCATED AT GEORGE BUSH BOULEVARD AND THE INTRACOASTAL WATERWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-00 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, stated that the report he gave with respect to the Atlantic Avenue Bridge was also applicable to the George Bush Boulevard Bridge. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Hayor Schmidt declared the public Speaking from the audience were the following: hearing open. John Bennett, Vice-President for Governmental Rela- tions, Beach Property Owners Association, stated that the BPOA wholeheartedly supports the designation of the George Bush Boulevard Bridge as historic. He commented on the historical aspects of the structure and urged the Commission to support the designating ordinance. Susan Hurlburt, 1230 Vista Del Mar, and Chairperson of the Historic Preservation Board, urged the City Commission to support the historic designation for the George Bush Boulevard Bridge as was done for the Atlantic Avenue Bridge. -19- 08/15/00 There being no one else who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 19-00 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 10.E. 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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.) -20- 08/15/00 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Hayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on the ordi- nance, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 14-00 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.E.1. RULES OF THE EDUCATION BOARD: Approve the amended Rules of the Education Board as adopted by that board on July 17, 2000. Hayor Schmidt noted that the Rules of the Education Board had been modified to be consistent with the ordinance changes and likewise required approval by the City Commission. The City Attorney noted a typographical error at Article III.B. (i.e. "b" to "be"), and requested that Article III.D. be amended to read, "No member of the Board ...", strik- ing the words, "or alternate member, if any," as a housekeeping item. Mr. Perlman moved to approve the Rules of the Educa- tion Board, as amended by the City Attorney. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. 10.F. TRANSFER OF PROPERTY TO HABITAT FOR HUMANITY: Consid- er approval of a quit-claim deed transferring one lot located at 333 N.W. 4th Avenue from the City of Delray Beach to Habitat for Humanity of South Palm Beach County. For the record, Hayor Schmidt stated that the City acquired the lot from Palm Beach County as a result of the County acquiring the lot due to unpaid taxes. Hence, the trans- fer to Habitat for Humanity is at no cost to the City. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and -21- 08/15/00 the Charter of the City of Delray Beach, Florida. Hayor Schmidt declared the public Speaking from the audience was the following: hearing open. John Bennett, 137 Seabreeze Avenue, commended the City Commission on the transfer of the lot to Habitat for Humanity. It is one of the finest organizations around but unfortunately does not have the resources to buy land in Delray Beach. Mr. Bennett urged the Commission to support the Habitat program through the transfer of property. There being no one else who wished to address the Commission, the public hearing was closed. Hr. Schwartz moved to approve the quit-claim deed transferring property from the City to Habitat for Humanity, seconded by Hrs. Archer. 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. 11 .B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, speaking on behalf of the Board of Directors of the Homeowners League of Chatelaine, discussed the upcoming Planning and Zoning Board meeting on August 21st at which the Pathways Drug and Alcohol Treatment Center on Barwick Road will present a petition for expansion of the facility to house 106 patients. Mrs. Finst stated that the community is adamantly opposed to this proposition. The feeling is that the facility should not be expanded at all, and the thought of 106 uncontained patients who can come and go as they please living on a property that backs up to an elementary school is abhorrent to all. Mrs. Finst urged the members of the City Commission to attend the Planning and Zoning Board meeting to hear the whole petition in the full process, and then ulti- mately respond to the community by figuring out a way to close the facility down completely. Hrs. Finst then commented on a proposal set forth by the School Advisory Board for Carver Middle School and later on for Orchard View Elementary School. She stated that the propos- al is to bus some 660 of Delray Beach's children out of the city and that it can only be described as segregation. Hrs. Finst was extremely distraught to think that the Delray Beach communi- ty, which has tried so hard to encourage diversity and to have -22- 08/15/00 our children be together at all times in all situations, would have to suffer this proposal that is tantamount to segregation. She urged the City Commission to take a stand and to let the boundary committee know in no uncertain terms that such a proposal is unacceptable and intolerable. ll.B.2. Mary Lou Ciambriello, 721 Lindell Boulevard, expressed her appreciation for the letter regarding and acknowledging the speeding problem on her street. She asked that she be kept informed as to what the City plans on doing in order to address this issue. It is a relatively small problem and one she felt can be solved by the City. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Waste Management, Inc. of Florida vs. the City of Delray Beach. Attendees: Hayor David Schmidt Commissioner Pat Archer Commissioner Jeff Perlman Commissioner Bill Schwartz City Manager David T. Harden City Attorney Susan A. Ruby Assistant City Attorney Brian Shutt Richard Gaunt, Esq. A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expendi tures in the above case. The City Attorney read the following statement into the record: "The City has scheduled a closed attorney/client session pursuant to Florida Statutes Section 286.011(8) in the case of Waste Management, Inc. of Florida vs. the City of Delray Beach. The estimated length of the closed session shall be 15 minutes. The following persons will be attending: Hayor David Schmidt, Commissioners Pat Archer, Jeff Perlman and Bill Schwartz, City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Brian Shutt, Richard Gaunt, Esq., and a certified court reporter." At this point, the time being 7:35 p.m., Hayor Schmidt adjourned the regular meeting to the closed attorney/client session pursuant to F.S. 286.011(8). -23- 08/15/00 At 7:55 p.m., Hayor Schmidt reconvened the regular meeting and announced that the closed session was terminated. 15. SETTLEMENT OF LAWSUIT. The City Attorney stated that the settlement, if approved, would be to pay Waste Hanagement $200,000 to resolve all claims, all attorney's fees, and all other expenses, includ- ing pre-judgment interest. Hs. Ruby stated that the recommenda- tion is to approve the settlement. The City Manager stated that the settlement amount would be paid from the Sanitation Fund. There is sufficient fund balance there to cover it. Mr. Schwartz moved to approve settlement of Waste Management, Inc. of Florida vs. the City of Delray Beach as recommended by the City Attorney. The motion was seconded by Mrs. Archer. 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. There being no further business, adjourned by Hayor Schmidt at 8:00 p.m. the meeting was 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 August 15, 2000, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not com- -24- 08/15/00 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. -25- 08/15/00 At 7:55 p.m., Mayor Schmidt reconvened the regular meeting and announced that the closed session was terminated. 15. SETTLEMENT OF LAWSUIT. The City Attorney stated that the settlement, if approved, would be to pay Waste Management $200,000 to resolve all claims, all attorney's fees, and all other expenses, includ- ing pre-judgment interest. Ms. Ruby stated that the recommenda- tion is to approve the settlement. The City Manager stated that the settlement amount would be paid from the Sanitation Fund. There is sufficient fund balance there to cover it. Mr. Schwartz moved to approve settlement of Waste Management, Inc. of Florida vs. the City of Delray Beach as recommended by the City Attorney. The motion was seconded by Mrs. Archer. 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. There being no further business, adjourned by Mayor Schmidt at 8:00 p.m. the meeting was - - ' rCity-C~rk ..... 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 August 15, 2000, which minutes ~~l%approved and adopted by the CitYcommission on ~6~fiO - ~ity Cl~k - v 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. -21- 08/15/00