Loading...
09-07-00SEPTEMBER 7, 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 Thursday, September 7, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - Commissioner Bill Schwartz 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. Hayor Schmidt noted the addition of Item 8.0.10., Bid award to Subaqueous Services, Inc. for the Tropic Isle Canal Dredging project, under Award of Bids and Contracts, consent agenda by addendum. to the Hs. HcCarthy 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; Ms. McCarthy - 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 August 1, 2000, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of August 15, 2000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o Proclamations: 6.a. Breast Cancer Awareness Honth - October 2000. Hayor Schmidt presented a proclamation in recognition of the month of October, 2000, as Breast Cancer Awareness Month and October 20, 2000 as Mammography Day. 6.B. Kids Day America - September 16, 2000. Hayor Schmidt presented a proclamation in recognition of September 16, 2000 as Kids Day America and the promotion of proper health, safety and environmental habits for children. 6.C. National Young Reader's Day - November 8, 2000. Hayor Schmidt presented a proclamation in recognition of November 8, 2000 as National Young Reader's Day, and encour- aged everyone to take the opportunity to go to one of the schools in town and read to the children. It is a great experi- ence and the children love it. o Presentations: None o CONSENT AGENDA: City Manager recommends approval. 8.A. INTERLOCAL AGREEMENT FOR WEST ATLANTIC AVENUE COORDINATOR POSITION: Approve an interlocal agreement between the City and the Community Redevelopment Agency for assistance in funding staff support for the West Atlantic Redevelopment Coalition, Inc. 8.B. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 2000 through September 30, 2001, with funding in the amount of $48,000.00 from 001-1111-511-34.90 (City Commission - Other Contractual Services). 8.C. RESOLUTION NO. 63-00: Approve a resolution amending the membership of the Parking Management Advisory Board by adding a representative from the West Atlantic Redevelopment -2- 9/07/00 Coalition and an additional citizen-at-large representative, an amendment to the Board's By-Laws, and authorize the modification of the appointment/expiration dates to coincide with those of the CRA, DDA and Planning and Zoning Board. The caption of Resolution No. 63-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, AS SUBSE- QUENTLY AMENDED BY RESOLUTIONS 10-98 AND 33- 98, BY AMENDING SECTION 3 PERTAINING TO MEMBERSHIP COMPOSITION TO INCREASE THE NUMBER OF MEMBERS FROM NINE TO ELEVEN BY INCLUDING A REPRESENTATIVE FROM THE WEST ATLANTIC REDEVELOPMENT COALITION AND AN ADDITIONAL CITIZEN-AT-LARGE REPRESENTATIVE; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 63-00 is on file in the City Clerk's office.) 8.D. RESOLUTION NO. 64-00 (ABANDONING A PORTION OF PERIWIN- KLE LANE): Approve a resolution vacating and abandoning an unimproved, east/west portion of the Periwinkle Lane right-of- way lying between N.W. 2nd Avenue and the north/south portion of Periwinkle Lane, based upon positive findings. The caption of Resolution No. 64-00 is as follows: A RESOLUTION OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN UNIMPROVED, EAST/WEST PORTION OF THE PERIWINKLE LANE RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO LOTS 2 AND 4, PLAT OF FAIRACRE, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 64-00 is on file in the City Clerk's office.) 8.E. FINAL PI~AT APPROVAL/STORAGE AMERICA: Approve the final boundary plat for Storage America, a proposed self service storage facility located on the north side of S.W. 10th Street between S.W. 14th and 15th Avenues. The subject property is zoned LI (Light Industrial) District and contains 3.36 acres. -3- 9/07/00 8.F. GRANT APPLICATION TO FLORIDA BOATING IMPROVEMENT PROGRAM OF PALM BEACH COUNTY (PROPERTY ACQUISITION): Authorize submitting an application to the Florida Boating Improvement Program of Palm Beach County for grant funding in the amount of $70,000 (50% of the total cost of $140,000) to assist with the purchase of the Odabachian property located on the east side of U.S. Highway ~1, adjacent to the HSA 650 Parcel which the City leases from the Florida Inland Navigation District. 8.G. INITIATION OF FUTURE LAND USE MAP AMENDMENT AND REZON- ING FOR INTERNATIONAL TENNIS RESORT PROPERTY: Initiate a small scale Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 units/acre) to CF-R (Community Facili- ties-Recreation) and associated rezoning from RM (Hedium Density Residential) to CF (Community Facilities) District for the International Tennis Resort property (now known as the Delray Swim and Tennis Club). 8.H. RELEASE OF BILLS ON PURCHASE OF INTERNATIONAL TENNIS RESORT PROPERTY: Approve the release of unpaid bills pursuant to the contract for the purchase of the International Tennis Resort property. 8.I. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE PROGRAM: Approve two funding subsidies in the total amount of $38,375.00 ($17,000.00 and $21,375.00, respectively) for income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), represent- ing the ll0th and lllth homeownership assistance grants provided through the program to-date. 8.J. AMENDMENT NO. 2 TO DISASTER RECOVERY SERVICES AGREE- MENT/GRUBBS CONSTRUCTION COMPANY: Approve Amendment No. 2 to the Disaster Recovery Services Agreement with Grubbs Construc- tion Company to increase certain equipment rental rates and hourly personnel rates. 8.K. RESOLUTION NO. 60-00: Approve a resolution assessing costs for the emergency board-up of an unsafe structure located at 575 Angler Drive. The caption of Resolution No. 60-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND -4- 9/07/00 DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST 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 MAILING OF NOTICE. (The official copy of Resolution No. 60-00 is on file in the City Clerk's office.) 8.L. RESOLUTION NO. 61-00: Approve a resolution assessing costs for the demolition of an unsafe structure at 46 N.W. 12th Avenue. The caption of Resolution No. 61-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 61-00 is on file in the City Clerk's office.) 8.M. RESOLUTION NO. 62-00: Approve a resolution assessing costs for action necessary to abate nuisances on twenty-six (26) properties throughout the City. The caption of Resolution No. 62-00 is as follows: -5- 9/07/00 A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PA_NY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 62-00 is on file in the City Clerk's office.) 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 14th through September 1, 2000. 8.0. AWARD OF BIDS AND CONTRACTS: Purchase award in the amount of $15,800, includ- ing delivery, to Blue Ribbon Industrial Compo- nents Corporation for the purchase of 20 flow line digital panel meters and Wika pressure transducers for the ESD Utility Maintenance Division, with funding from 441-5144-536-46.20 (W&S Lift Station Maintenance - Equipment Mainte- nance). o Purchase award in the amount of $35,000 to R.B. Grove, Inc., via General Services Administration (GSA) contract, for the purchase of a 150 KW Trailer Hounted Portable Generator as additional support for the pump station on the barrier island, with funding from 448-5461-538-64.90 (Stormwater Utility - Other Equipment). o Bid award in the annual amount of $67,053.00 to Universal Beach Service Corp. for the beach cleaning services contract for a three year -6- 9/07/00 period beginning October 1, 2000, with funding from 001-4123-572-34.90 (Ocean Rescue - Other Contractual Services). o Bid award in the amount of $58,190.00 to OK Tours, Inc. for bus rental and driver service, with funding in the amount of $8,940 from 001- 4105-572-44.90 (After School), $7,220 from 001- 4121-572-44.90 (Athletics/Special Events), $33,030 from 001-4106-572-44.90 (Summer Camp), and $9,000 from 115-4912-572-55.30 (Rocks Foot- ball). o Purchase award in the amount of $14,458.82 to JC White Office Furniture, via State of Florida contract, for the purchase of office furniture for the Police Department's Vice, Intelligence and Narcotics section, with funding in the amount of $8,184.49 from 001-2115-521-51.20 (Police Investigative - Office Equipment) and $6,274.33 from 001-2115-521-64.10 (Office Furni- ture/Fixtures}. o Purchase award in the amount of $24,846 to SNAP- ON Industrial, via State of Florida contract, for the purchase of a Sun Engine Analyzer for the Central Garage, with funding from 501-3311-591- 64.90 (City Garage - Other Hachinery/Equipment) through budget transfer from Garage Fund prior year surplus. o Purchase award in the amount of $37,625.00 to Industrial Water Treatment and Controls Company, sole source vendor, for the purchase of an auto- matic emergency chlorine shut-off system at the Water Treatment Plant, with funding from 441- 5143-536-64.90 (Water Haintenance - Other Hachinery & Equipment). o Approval of a three (3) year lease with Hears Motor Leasing for a full size vehicle for the Police Department Volunteer Program at a total cost of $13,844. Funding for the first two years ($9,228) will be from 115-2116-521-49.50 (1998 BJA Block Grant), with the third year ($4,614) from 115-2118-521-49.50 (1999 BJA Block Grant). -7- 9/07/00 o Bid awards to multiple vendors for the annual medical and drug supplies contract at an estimat- ed cost of $96,500, with funding in the amount of $95,000 from 001-2315-526-52.20 (Fire Opera- tions/General Operating Supplies) and $1,500 from 001-4123-572-52.20 (Ocean Rescue). 10. Bid award in the amount of $59,069.00 to Subaque- ous Services, Inc. for the Tropic Isle Canal Dredging project, with funding from 448-5461-538- 63.90 (Stormwater Utility - Other Improvements). (BY ADDENDUM) Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commis- sion voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. o REGULAR AGENDA: 9.a. CONDITIONAL USE REQUEST/DOWNTOWN DELRAY FIDELITY FEDERAL BANK: Consider a request for conditional use approval to allow the establishment of a financial institution with drive- through facility for Downtown Delray Fidelity Federal Bank. The subject property is located on the south side of S.E. 1st Street between S.E. 5th Avenue (southbound Federal Highway) and S.E. 6th Avenue (northbound Federal Highway), and is zoned CBD (Cen- tral Business District). QUASI-JUDICIAL PROCEEDING The City Attorney stated that this item would be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Acting Director of Planning and Zoning, entered the project file into the record. He stated that the development proposal involves the demolition of the existing Bud's restaurant and construction of an 11,200 sq.ft., 2-story bank building, with three drive-through lanes, one ATH lane, and associated parking. Financial institutions such as that being proposed are allowed in the CBD zoning district subject to conditional use approval. The Planning and Zoning Board consid- ered the application at a public hearing on August 21, 2000. -8- 9/07/00 There was no public testimony. The Board voted 6 to 0 to recom- mend approval based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations, and policies of the Comprehensive Plan, and subject to the condition that a site plan be processed that is in general conformance with the sketch plan incorporat- ing the comments within the Planning and Zoning Department staff report. Rick Gonzalez, President of REG Architects, Inc., on behalf of the applicant, presented a colored rendering of the proposed project. He stated that he was available to answer any questions. At this point, Hayor Schmidt opened the proceeding for public comment. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Hrs. Archer moved to approve the conditional use request to establish a financial institution for the Downtown Delray Fidelity Federal Bank, based upon the findings and recom- mendation of the Planning and Zoning Board. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.S. REJECTION OF BIDS & AWARD OF SEPARATE PURCHASE ORDERS FOR MUNICIPAL GOLF COURSE BRIDGE REPAIR PROJECT: Consider rejecting all bids received for the golf course rehabilitation project, and approve a reduced scope of work and alternate purchase awards to Florida Guardrail, Inc., via Palm Beach County contract, in the amount of $6,918.70, to Hurray Logan Construction, via City of West Palm Beach contract, in the amount of $6,400.00, and in-house signage work by the Traffic Division in the estimated amount of $1,000.00, for a total revised project cost of $14,318.70 with funding from 445-4761- 572-63.90 (Hunicipal Golf Course - Other Improvements). Richard Hasko, Director of Environmental Services, reviewed the revised scope of the project and the manner in which the staff was recommending that it be accomplished. Hrs. Archer moved to reject the bids received for the project, approve the reduced scope of work and the award of separate purchase orders as outlined in the staff report in -9- 9/07/00 order to accomplish the bridge repair project as revised. The motion was seconded by Mr. Perlman. Upon roll call the Commis- sion voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.C. AMENDMENT NO. 1 TO TENNIS CENTER MANAGEMENT AGREEMENT: Consider approval of Amendment No. 1 to the Tennis Center Management Agreement with Dubin & Associates, Inc. to provide for additional management services for the Delray Swim and Tennis Club property (referred to in the agreement as the Addi- tional Site). The City Attorney stated that this item is to amend the agreement that the City has with Dubin & Associates to provide for the management of the Delray Tennis and Swim Club property. The City Hanager commented that the two sites would be managed in a unified manner, although separate books will be kept so that they are separate cost centers. Goals for the year need to be set at some point and the opportunity to earn bonuses for meeting those goals. On question as to when these goals might be set, Assistant City Manager Robert Barcinski stated that he hoped it could be done in October of this year so the goals and objec- tives could be set early enough to be used for bonus evaluation at the end of next fiscal year. Mr. Perlman moved to approve Amendment No. 1 to the Tennis Center Management Agreement, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.D. FY 2001 TENNIS CENTER RATES: Consider approval of the proposed FY 2001 rates for the Municipal Tennis Center. Robert A. Barcinski, Assistant City Manager, stated that the proposed rates are the maximum rates for the various categories at the tennis facilities, which will include both the Tennis Center and the Delray Swim and Tennis Center, for the next fiscal year. Ail rate increases are based on market analy- ses and conditions. Commissioner Perlman asked if any consideration had -10- 9/07/00 been given to having just a swim or social membership, without the tennis? In response, Brahm Dubin stated that he could not say at this point. He would first want to have everything up and running, get input from the users and then have the Commis- sion make some decisions in that regard. Hrs. Archer moved to approve the proposed rates for the Tennis Center and the Delray Swim and Tennis Club for FY 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.E. FY 2001 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2001 maximum rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, presented the proposed FY 2001 maximum rates for the municipal golf course. The rates, again, are based on market conditions and are set in an effort to maximize business. On question from Commissioner HcCarthy on caddy fees, Mr. Dubin stated that there are no caddy fees; they work on a tip only basis. The course does not charge for caddies and it is only being done on weekends at the present time. Hr. Perlman moved to approve the proposed maximum rates for FY 2001 for the Muncipal Golf Course. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.F. FY 2001 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2001 maximum rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, presented an overview of the proposed FY 2001 rates for the Lakeview Golf Course. The rate increases proposed are varied and are based on market conditions. Fees proposed are in line with other comparable courses. Mrs. Archer moved to approve the FY 2001 maximum rates for the Lakeview Golf Course, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; -11- 9/07/00 Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.G. SPECIAL EVENT REQUEST/MUZAK HEART AND SOUL STROLL: Consider a request for special event approval to allow the Huzak Heart and Soul Stroll to be held on October 14, 2000, including temporary use permit, use of the City's small stage, and staff assistance for traffic control. Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request. He noted that the walk is being held as a fund raiser for the Village Academy. Overtime costs would be a maximum of about $250.00. If traffic control can be provided by on-duty staff, there will be no overtime. Staff is recommending one change to the event and that is that the race starting point and set-up be moved to the south end of the Community Center parking lot versus the east end of the Tennis Center parking lot. The event sponsor does not have a problem with the change. Hrs. Archer moved to approve the special event request for the Muzak Heart and Soul Stroll as recommended by staff. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.H. SPECIAL EVENT REQUEST/DEAF SERVICE CENTER WALK: Consider a request for special event approval to allow the 1st Annual Deaf Service Center Walk to be held on January 11, 2001, including temporary use permit, staff assistance for traffic control, waiver of parking meter fees at Anchor Park and allow the park to remain open until approximately 8:30 p.m. Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request. It is proposed to be held in conjunction with the Chamber of Commerce Swing and Sing event to be held the same night on George Bush Boulevard. The staff recommendation is to approve the event, including the temporary use permit, waiver of parking fees in Anchor Park after 5:00 p.m., approval of the parking lot staying open until 8:30 p.m., and approval of staff support for traffic control, subject to the sponsor paying for overtime if any is incurred, providing a certificate of insurance naming the City as additional insured, and providing a hold harmless agreement. Hrs. Archer moved to approve the special event request -12- 9/07/00 for the Deaf Service Center Walk as recommended by staff, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.I. RESOLUTION NO. 59-00: Consider approval of a resolu- tion authorizing the City to purchase certain property (Lots 12 and 13, Block 2, Silver Terrace) for the purpose of providing affordable housing, and accepting the contract for sale and purchase. The City Manager presented Resolution No. 59-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOTS 12 & 13, BLOCK 2, SILVER TERRACE, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND E.V. KELLEY. (The official copy of Resolution No. 59-00 is on file in the City Clerk's office.) Mrs. Archer moved to approve Resolution No. 59-00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.J. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint one regular member and one alternate member to the Board of Adjustment to fill unexpired terms ending August 31, 2001. The appointments will be made by Commissioner Archer (regular mem- ber) and Commissioner Schwartz (alternate member). Mrs. Archer moved to appoint Bernard Federgreen as a regular member on the Board of Adjustment to fill an unexpired term ending August 31, 2001. The motion was seconded by Hs. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. -13- 9/07/00 Hayor Schmidt noted the letter received from Commis- sioner Schwartz in which he recommended the appointment of Clifford E. Torres, Jr. to the Board of Adjustment as an alter- nate member to fill an unexpired term ending August 31, 2001. Hayor Schmidt asked that a motion be made on behalf of Commis- sioner Schwartz to effect this appointment. Ms. McCarthy so moved, seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.K. BID AWARD FOR PURCHASE OF TRIPLE COMBINATION PUMPER FOR FIRE DEPARTMENT: Consider approval of a bid award in the amount of $299,604 to Ten 8 Fire Equipment Inc./Pierce, as the lowest responsive, responsible bidder, for the purchase of a triple combination pumper for the Fire Department, with funding from 501-3312-591-64.20 (City Garage - Vehicle Replacement). The City Hanager stated that this item was on the regular agenda because the recommendation is to award the bid to the second low bidder instead of the low bidder. The Fire Department found that the low bidder did not meet the specifica- tions in a number of important areas and recommended that the bid be awarded to Ten 8 Fire Equipment Inc./Pierce for $299,604. Hayor Schmidt complimented the Fire Department person- nel who did the bid review and summary on doing a very thorough job. Hrs. Archer moved to approve the bid award to Ten 8 Fire Equipment Inc./Pierce as the lowest responsive, responsible bidder for the triple combination pumper, and that the purchase be funded as recommended by the Assistant City Hanager in his memorandum dated August 31, 2000, included in the backup materi- al. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:35 p.m., the City Commission moved to Item 12 (First Readings) on the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 23-00: An ordinance annexing to the City the Pathways to Recovery site located on the east side of Barwick Road approximately 250 feet north of Sabal Lakes Road; -14- 9/07/00 providing for a small scale Future Land Use Map amendment from County HR-5 (Hedium Density 5 units per acre) to City CF (Commu- nity Facilities); and establishing initial zoning of CF (Community Facilities) for the property. If passed, a quasi- judicial public hearing will be scheduled for OCTOBER 3, 2000. The City Manager presented Ordinance No. 23-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED ON THE EAST SIDE OF BARWICK ROAD APPROXIMATELY 250 FEET NORTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIX- ING AN OFFICIAL LAND USE DESIGNATION OF CF (COMMUNITY FACILITIES) 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 CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-00 is on file in the City Clerk's office). The City Attorney read the caption of the ordinance and stated that a quasi-judicial hearing has been scheduled for October 3, 2000. Paul Dorling, Acting Director of Planning and Zoning, stated that the proposal involves the annexation of the proper- ty, a small scale Future Land Use Map (FLUM) amendment from the County designation to a City designation, and application of an initial zoning classification. He reviewed the statutory authority at F.S. 171.044 for the annexation and the required findings as set out in the staff report, the statutory authority at F.S. 163.3187 for the small scale FLUM amendment and the required findings, and the applicant's request for initial zoning of CF (Community Facilities) District which appears appropriate given the history of community facility uses on the -15- 9/07/00 site, with positive findings found in the staff report. Hr. Dorling continued that the Planning and Zoning Board considered the application at a public hearing on August 21, 2000, and voted 5 to 1 to recommend approval. Mrs. Archer moved to approve Ordinance No. 23-00 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. For the public's information, Hayor Schmidt stated that there will be a quasi-judicial public hearing on October 3, 2000, for Ordinance No. 23-00, along with consideration of the associated conditional use request for the subject property. The City Attorney clarified that the annexation and the small scale Future Land Use Map amendment are legislative activities that will require a public hearing, while the zoning issue and the conditional use request are matters that will require a quasi-judicial hearing. Ail of the components will be heard on October 3, 2000. 12.B. ORDINANCE NO. 24-00: An ordinance changing the Future Land Use Hap (FLUM) designation from RDA ~6 (Redevelopment Area ~6) to GC (General Commercial) for two parcels of land generally located north of the C-15 Canal between Federal Highway and Old Dixie Highway, associated with the adoption of the Lindell Boulevard/Federal Highway Redevelopment Plan. If passed, a public hearing will be scheduled for September 19, 2000. The City Manager presented Ordinance No.24-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA ~6 TO GC (GENERAL COMMERCIAL) FOR TWO PAR- CELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, IN CONJUNCTION WITH THE ADOPTION OF THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDE- VELOPMENT PLAN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-00 is on file in the City Clerk's office). -16- 9/07/00 The City Attorney read the caption of the ordinance. Paul Dorling, Acting Director of Planning and Zoning, stated that the proposed Future Land Use Hap (FLUM) amendment from Redevelopment Area ~6 to General Commercial is necessary to be consistent with the redevelopment plan for the Lindell Boule- vard/Federal Highway area. The amendment is also in response to the ORC (Objections, Recommendations and Comments) Report from the State Department of Community Affairs for Comprehensive Plan Amendment 2000-1 of which the redevelopment plan was a part. One of the DCA's comments was that adoption of the redevelopment plan in absence of the subject FLUM amendment would make the Comprehensive Plan internally inconsistent. Hence, the DCA suggested that the proposed FLUM amendment be processed for adoption concurrent with Comprehensive Plan Amendment 2000-1. Mr. Dorling further stated that the Planning and Zoning Board considered the amendment at a public hearing on August 21, 2000. There was no public testimony; however, a letter of objection and petition containing 23 signatures was received from Tropic Harbor Association, Inc. After consideration, the Board voted unanimously to recommend approval based upon positive findings with respect to the Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings) of the Land Development Regulations for Redevelopment Area #6. Mrs. Archer moved to approve Ordinance No. 24-00 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 12.C. ORDINANCE NO. 25-00: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for an increase in residential and commercial collection service rates for FY 2001. If passed, a public hearing will be scheduled for September 19, 2000. The City Manager presented Ordinance No.25-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES -17- 9/07/00 LEVIED", TO PROVIDE FOR INCREASED RESIDEN- TIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2001; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-00 is on file in the City Clerk's office). The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 25-00 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 12.D. ORDINANCE NO. 17-00: An ordinance amending Chapter 36, "Finance; City Property Transactions", Subheadings "City Purchasing" and "Change Orders and Contract Hodifications", to provide for a streamlined procedure for purchases under $1,000.00, to add electronic bids/quotes for purchases under $6,000.00, to provide for changes in the City's purchasing limits and to correct certain titles. If passed, a public hearing will be scheduled for September 19, 2000. The City Manager presented Ordinance No.17-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSAC- TIONS", SUBHEADING "CITY PURCHASING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 36.02, "ACQUISI- TION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES"; BY AMENDING SECTION 36.03, "VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION PRICE"; BY AMENDING SECTION 36.05, "BIDDING PROCEDURES", SUBSECTION (C); BY AMENDING SECTION 36.08, "EMERGENCY PUR- CHASES''; AMENDING SUBHEADING "CHANGE ORDERS AND CONTRACT MODIFICATIONS" BY AMENDING SECTION 36.12, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION"; BY AMENDING SECTION 36.13, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION CONTRACTS", TO PROVIDE FOR A STREAMLINED PROCEDURE FOR -18- 9/07/00 PURCHASES UNDER $1,000.00, TO ADD ELECTRONIC BIDS/QUOTES FOR PURCHASES UNDER $6,000.00, TO PROVIDE FOR CHANGES IN THE CITY'S PURCHASING LIMITS AND TO CORRECT CERTAIN TITLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-00 is on file in the City Clerk's office). The City Attorney read the caption of the ordinance. The City Hanager commented that the proposed ordinance will allow the City to take advantage of some technological changes and also to update the purchasing limits which have not been changed since 1983. Increasing the threshold for competi- tive bids from $10,000 to $15,000 will bring the City in line with what the State of Florida allows. Mrs. Archer moved to approve Ordinance No. 17-00 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 13 (Com- ments and Inquiries on Non-Agenda Items) on the agenda. 13. Comments and Inquiries on Non-Agenda Items. 12 .A. City Manager. Reporting on recent Palm Beach County League of Cities meetings, the City Hanager stated that there had been a presentation from the District Railroad Coordinator for FDOT. The coordinator advised that as part of the double tracking of the CSX lines, FDOT is going to put up four quadrant gates at all of the crossings. This will mean that it will then be possible to not have train whistles sound at night because the gates will be on all four quadrants and it would be virtually impossible for a vehicle to drive around the gate. While he did not know the exact timing, it is something that is coming in the next few years. Unfortunately, there is no similar thing happening with the FEC Railroad. If the City wanted to install them along that line, the City would have to pay for them and they are very, very expensive. -19- 9/07/00 The City Manager continued that the League Board also heard a presentation from the Children's Services Council. That agency is seeking authority on the November ballot for an addi- tional one-half mill to support their work. At present the CSC can levy up to one-half mill so they will be asking for authori- ty to go up to one mill. They expect that they would allocate their money about 50% for early childhood, about 25% for out-of- school, and 25% for abuse prevention. On question from Commissioner Archer as to what this might mean in terms of the City's budget, the City Hanager responded that he did not know if the CSC could really tell yet. The City does receive a sizeable grant for the after school program so there may be some potential for additional funding to involve more children. The City Hanager then advised that Joe Safford's (Finance Director) mother passed away the previous evening. In accordance with her wishes there will be no funeral service. In continuing to look at options for televising City Commission meetings, the City Manager stated that the Town of Highland Beach videotapes their meetings using a camera and equipment installed by Adelphia Cable technicians. The equip- ment costs about $20,000. The meetings are taped by Town staff (actually their Police Chief) and then the tapes are sent to Adelphia. Adelphia then broadcasts the tapes at a later date. This looks like something that may be fairly low cost. Adelphia will be getting back to the City with exactly what the costs would be. 12 .B. City Attorney. The City Attorney reported that Assistant City Attor- ney Jay Jambeck was successful in winning a summary judgment in the RPN case earlier today. He won the preliminary injunction hearing and now the summary judgment. Hs. Ruby expressed her appreciation to Hr. Jambeck for the outstanding job he did on the case. 12 .C. City Commission. 12.C.1. Commissioner Archer commented that it was her under- standing there is a community in Palm Beach County that has made some arrangement whereby it is setting up it's own cable compa- ny. By doing so they have the ability to tape their own meet- ings and put them on their cable station. It was also her -20- 9/07/00 understanding that it generates some revenue. While she was not sure of the details, she felt it was something that the City ought to look into. 12.C.2. Commissioner Perlman stated that he had gotten word from Adelphia Cable that their General Manager is personally looking into what can be done in terms of the most competitive pricing structure to televise the meetings. He hoped that a proposal would be submitted fairly quickly. Hr. Perlman commented that he attended the opening of Orchard View Park this past weekend and was very pleased with the way it turned out. He felt the park will get a lot of public use and he urged everyone to go out and visit. Hr. Perlman commented that he had attended a breakfast with the Principals of the Delray schools and was very pleased to hear them all say how supportive the City has been of their efforts over the years. They have a lot of exciting programs going on at the schools. There was also the opportunity to welcome the Village Academy as the newest school as well as several new Principals. Mr. Commissioner Committeeman. Perlman congratulated Commissioner Archer and Schwartz for being elected Committeewoman and 13.C.3. Commissioner McCarthy had no comments or inquiries. 13.C.4. Mayor Schmidt stated that he attended the 1st Interna- tional Academy sponsored by the Florida League of Cities about international economic development in the state. He obtained some very interesting information which he had passed on to the City Manager. There were also some very interesting discussions about the challenges facing the state with education as we enter what one of the speakers called the "Third Wave of Education" which is technology-based education, and how far behind Florida is on that. At this point the Commission moved to Item 11 on the agenda. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Hanager's response to prior public comments and inquiries. -21- 9/07/00 In response to Mr. John Bennett's complaint about the red light on bridges staying on after the gate goes up, the City Hanager reported that in discussing this with Palm Beach County, their process is that after the bridge closes and is locked down, the bridgetender activates the inner gate which would be the other lane to open and then the outer gate opens in se- quence. Three seconds after the outer gate is fully opened (all the way in the upright position) the traffic signal sequences to green. Anyone who travels through the red light after the outer gate raises is subject to a moving traffic violation citation. These processes have been approved by Palm Beach County Risk Hanagement. There is no intent to change this established operating procedure. People who drive under the arm while it is still on the way up and the light is red can get a ticket for doing so. 11 .B. From the Public. ll.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, addressed the Commission concerning the need for a part-time position to assist the City's Animal Control Officer. She urged the City Commission to seriously consider this matter. Hs. Zimmerman expressed her opinion that the sponsors of the different events held in the City ought to be responsible for paying their own costs for Police security and employee overtime. She did not feel that the citizens should have to pay when somebody is trying to raise money. Hs. Zimmerman then expressed her concern about the shortage of Police officers in the City. She felt it extremely important that the residents of Delray Beach be afforded a safe community and urged the City Commission to take some action on this problem as soon as possible. ll.B.2. Jay Slavin, resident of Rainberry Bay, suggested that the City publish some sort of explanation about the recent purchase of the additional tennis center at the former Interna- tional Tennis Resort. She commented that many residents do not understand what the City purchased and why it was purchased when the existing tennis center already costs the taxpayers money. Hs. Slavin felt it would be helpful if the City were to explain the reasons for purchase and its usefulness to the City. Ms. Slavin then commented that the rates at the Lake- view Golf Course in the summer, in the late spring and early -22- 9/07/00 fall are great; however, in the middle of December to the middle of April the rates are extraordinarily high for City residents. She suggested that the rate structure be re-examined in an effort to make it more favorable to residents. ll.B.3. Jean Beer, 2145 S.W. 26th Terrace, asked what the Commission or the League of Cities has done about material she faxed about the U.S. Senate Bill 1028. She stated that the legislation is aimed at growth management nationwide and will take control away from the local level. It has alrady passed the House of Representatives and the Senate will have it run through before the City knows what happens. Mrs. Beer urged the City Commission to seriously consider this matter. Hrs. Beer then asked why the ordinances on first reading were being read before 7:00 p.m.? She felt that people plan on being at the meetings at 7:00 p.m. even if they are not allowed to speak on an item. Hrs. Beer did not feel it was right to have first readings before 7:00 p.m. ll.B.4. Alice Finst, 707 Place Tavant, also questioned why the first readings were held before 7:00 p.m. She also commented that she felt it was cavalier of the Commission to pass an ordinance on first reading just to move it on to second reading. Doing so does not allow the opportunity for the Commission to get any input into what is going on. It just moves an item to second reading where a whole bunch of information that may or may not be true is thrown out and the Commission is supposed to make a quick decision on it at one meeting. Hrs. Finst felt it would be beneficial to have the information up front so that there would be time to mull it over and ask more questions between first and second readings. She asked that the Commis- sion go back to the first readings portion of the agenda, let the public speak, and then consider all of the information prior to the second reading. At this point, the time being 7:05 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 65-00 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2001. Prior to consideration of passage of this resolution, a -23- 9/07/00 public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 65-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 65-00 is on file in the City Clerk's office.) The City Attorney stated that Resolution No. 65-00 tentatively levies a tax on all properties within the City of Delray Beach for FY 2001 as follows: 7.26 mills for operation and maintenance of the General Fund, and 0.69 mills for the payment of principal and interest on bonded indebtedness, for a total of 7.95 mills as the tentative millage rate. The tenta- tive millage rate of 7.95 mills is three-tenths of a mill more than FY 2000. The rolled back rate calculated under the TRIM law for operating purposes is 6.5949 mills. The tentative millage rate is 10.09% above the rolled back rate. 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 wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 65-00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10 .B. RESOLUTION NO. 66-00 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. -24- 9/07/00 The City Manager presented Resolution No. 66-00: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTE- NANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 66-00 is on file in the City Clerk's office.) The City Attorney stated that Resolution No. 66-00 tentatively levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001. This tenta- tive millage exceeds the 0.92 rolled back rate calculated under the TRIM law by 8.97%. 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 wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 66-00, seconded by Hr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 10 .C. RESOLUTION NO. 67-00 (TENTATIVE BUDGET ADOPTION FOR FY 2001): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2000 through September 30, 2001. 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. 67-00: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTA- TIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL -25- 9/07/00 NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 67-00 is on file in the City Clerk's office.) 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. Jean Beer, speaking on behalf of Progressive Residents of Delray (P.R.O.D.), read the following statement into the record: "I would like to thank staff for their effort to ascer- tain the cost of publicizing the city through special events. The total net cost, if you include $50,000 for supervisory time, comes to $250,000. "We were surprised to hear that the Commission put a cap of 50 events when we have police morale problems already with a smaller number. Fifty events is virtually one per week. This is excessive. It seems to us that we should be reducing the number of events after analyzing their benefit on an individual basis. Furthermore, there seems to be an assumption that once an event is given it will go on indefinitely. There should be a review each year to see if they are in fact productive for the city and the downtown merchants. We also subsidize the Chamber whose prime function is to publicize the city. "PROD would like to compliment Commissioner Perlman for reminding the Commission that their new focus was to be on the neighborhoods and requesting money for them in this year's budget. "Although the mantra for years has been as value in the CRA goes up, the rest of the city follows. This is simply not always true. Chatelaine has had their values decrease. We have had calls from people in Chatelaine, Delray Shores and Rainberry Lakes that their neighborhoods were becoming blighted. -26- 9/07/00 It is time that the city recognized that neighborhood improvement is not limited to those in the CRA area only. "The tax revenue from the two-thirds of the city that is not part of the CRA has had to absorb the increase, after other revenues, in General Fund expenditures for fifteen years. This will continue for the next 19 years. You cannot expect them to do this if their values are going down while those in the CRA are going up. You also cannot expect those same neigh- borhoods to be enthused about General Fund money for projects in the CRA area that are not essential. The CRA has more money at their disposal each year and the Chamber and the CRA must stop asking for subsidies for everything they do. You were all elected on the basis of your concerns for neighborhoods. That concern must be citywide. "We suggest that the city cut some spending in areas that are strictly made to publicize the city and give that money to neighborhoods outside of the CRA that need help." Jean Beer, speaking on her own behalf, read the following statement into the record: "When you look at the total amount of money spent on publicizing the city you must include the tennis stadium costs. According to the audit the deficit was $259,000 and Mr. Dubin agrees that we will be paying Citrix for the next two years. Unless some income is generated you should figure that amount into the total. It is interesting to note that the tennis stadium is nowhere in this budget. Some policy needs to be set so that there is a limit as to how much the city spends on publicity. This is after all a function of the Chamber and the CRA. We have great projections based on assumptions of the amount generated to the merchants from these events, but no facts and, in fact, hardly overwhelming atten- dance. "The city needs to set some policies in regard to how much city funds will be expended to subsidize the maintenance of non-profit organizations. For example, we have been maintaining the Woman's Club for over fifty years. We also subsidize the Chamber and the Library. I have been told that we will "always" have to subsidize Old School Square. Old School Square now wants to expand, yet it cannot cover its operating budget for what it has now. They need to become fully able to do so before taking on more. "Should you think I am opposed to the city subsidizing the Library, that is not true. Some services are essential to a -27- 9/07/00 city. If we are in favor of any expansion, it should be the Library. We need more money for police, the Library and the neighborhoods." Dale Popik, 975 Cypress Drive in Tropic Isle, ques- tioned why there is such a large increase ($1,000) in his pro- posed tax bill just for city taxes, especially since the City has benefited from an increased tax base due to all of the new construction that has taken place and increased property values. In response, the City Hanager stated that the proposed tax notice was based on 8.2 mills which was the proposed mil- lage. Since then the City Commission has reduced the millage to 7.95 mills. The entire millage increase can be accounted for by the road reconstruction program that is currently underway in the city. The debt service on the roadway improvement program can account for the entire increase of three-tenths of a mill. Hr. Popik stated that the city is still at a ten percent increase over a one year period with it's expanded tax base and he felt that was far too great of an increase. If there was any way for the millage to be reduced further, he felt that it should be done. There being no one else who wished to address the City Commission, the public hearing was closed. Mrs. Archer moved to approve Resolution No. 67-00, seconded by Hr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 10 .D. ORDINANCE NO. 22-00 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending LDR Section 4.4.12, "Planned Commer- cial (PC) District", by amending Subsection 4.4.12(D), "Condi- tional Uses and Structures Allowed" and Subsection 4.4.12(G), "Supplemental District Regulations", to implement provisions of the Lindell Boulevard/Federal Highway Redevelopment Plan. If passed, a second public hearing will be scheduled for September 19, 2000. Prior to consideration of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 22-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING -28- 9/07/00 CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.12, "PLANNED COHHERCIAL (PC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.12(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", AND SUBSECTION 4.4.12(G), "SUPPLE- MENTAL DISTRICT REGULATIONS", TO IMPLEMENT PROVISIONS OF THE REDEVELOPMENT PLAN FOR THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOP- MENT AREA ~6; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-00 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 redevelopment plan for the Lindell Boule- vard/Federal Highway area was before the City Commission on April 4, 2000, as part of Comprehensive Plan Amendment 2000-1. The plan called for mixed use development, including residential densities of up to 16 units per acre subject to meeting perfor- mance standards and based upon a development's conformance with applicable standards and criteria described in the redevelopment plan. The proposed text amendments to the PC (Planned Commer- cial) zoning district are necessary to accommodate the goals of the plan. The Planning and Zoning Board considered the text changes at a public hearing on Hay 22, 2000, and voted unanimously to recommend 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 wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 22-00 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 21-00 (TRANSMITTAL HEARING FOR -29- 9/07/00 COMPREHENSIVE PLAN AMENDMENT 2000-2): City-initiated Future Land Use Hap amendment from County C/5 (Commercial with residential density of 5 units per acre) to City GC (General Commer- cial) for approximately 14.19 acres located at the southwest corner of Linton Boulevard and Hilitary Trail (Palm Court Plaza). o City-initiated Future Land Use Hap amendment for 1.8+/- acres in Block 36, Town of Delray, from CF-P (Community Facilities-Public Buildings) and LD (Low Density Residential 0-5 units per acre) to GC (General Commercial). o Combined City and privately initiated Future Land Use Hap amendment for 6.4 acres from GC (General Commercial) and RDA ~5 (Redevelopment Area ~5) to CC (Commercial Core). The City Manager presented Ordinance No. 21-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2000-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2000- 2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-00 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Prior to consideration of passage of this ordinance on FIRST Reading and transmittal of Comprehensive Plan Amendment 2000-2, a public hearing has been scheduled to be held at this time. Paul Dorling, Acting Director of Planning and Zoning, stated that Comprehensive Plan Amendment 2000-2 was initiated by -30- 9/07/00 the City Commission on August 1, 2000, and generally focuses on clarification of several policies as outlined in the summary provided in the backup material. Hr. Dorling briefly reviewed the three Future Land Use Map amendments included in Amendment 2000-2. The first affects what is commonly known as the Palm Court Plaza located at the southeast corner of Linton Boulevard and Hilitary Trail. This represents the first part of the phased annexation through water service agreement for the Delray Community Hospital campus. The second land use change is a City-initiated change for Block 36 which is the redevelopment block currently being considered by the Community Redevelopment Agency. Mr. Dorling noted that the proposed land use of GC (General Commercial) would accommodate all of the four develop- ment proposals under consideration. The third FLUM amendment is a combination City and privately initiated effort for the former Steve Hoore Chevrolet site and adjacent commercial strips along the Federal Highway pairs on the east and west of that site. The Planning and Zoning Board considered Comprehensive Plan Amendment 2000-2 on August 21, 2000, and voted unanimously to recommend approval and that it be transmitted to the Department of Community Affairs for review and comment. 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 wished to address the City Commission, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 21-00 on FIRST Reading and transmit Comprehensive Plan Amendment 2000-2 to the Florida Department of Community Affairs. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perl- man - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.F. 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. 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. -31- 9/07/00 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 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. 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, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 20-00 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, Hayor Schmidt opened the floor for any additional comments from the public on non-agendaed items. Speaking were the following: Kevin Warner, 248 Venetian Drive, asked for an explanation of why both a first and second reading are required for the adoption of certain ordinances? The City Attorney responded that there is a Florida State statute that requires first and second readings on ordi- nances. It states that a public hearing shall be held at the second reading except for certain text changes that deal with the allowable uses of land. In that instance a public hearing is required on first reading as well as second reading. -32- 9/07/00 Hr. Warner further inquired if it would be up to the City Commission to decide whether to have public comment on a particular issue at first reading of an ordinance? The City Attorney responded that public hearings are formally advertised as such for second reading of an ordinance. The Commission does have discretion on whether or not to accept public comment on first reading. However, for quasi-judicial proceedings, the intent is to insure that the City meets court decisions that require due process for all interested parties to have an opportunity to be heard at one setting, not that an issue could not be continued from second reading to a date certain if it became necessary to do so. There are due process requirements under case law dealing with quasi-judicial proceed- ings to which the City must adhere. Venice Graham, 42 N.W. 9th Avenue, stated that she had been told that the City was planning to start allowing business- es to go in the area north of Mount Olive Baptist Church on N.W. 4th Avenue, and asked if there was any truth to this? Hayor Schmidt responded that there are some plans to try to get some businesses to move in on N.W. 5th Avenue where it has traditionally been commercial. He was not aware of any plans for N.W. 4th Avenue, but would have staff follow up and get a response to Ms. Graham. There being no one else from the audience who wished to speak, Hayor Schmidt closed the floor to public comment. In response to Mrs. Beer's comments, Mayor Schmidt advised that the Commission would be considering the policy on special events at the September 12th workshop. He further commented that the cap of 50 was something that the Commission used as a temporary stopgap until staff could take a closer look and a comprehensive policy can be adopted. It is not set in stone that there will always be 50 events. Hayor Schmidt then commented that he had gotten a letter from Senator Ron Klein that said this is the time for the Commission to speak with him about any legislative issues the City would like to see addressed. He suggested that any issues be passed along to Kathy Daley, the City's lobbyist. -33- 9/07/00 The City Hanager advised that Hs. Daley is scheduled to meet with the City Commission at the October workshop (Octo- ber 10, 2000). Hrs. Archer asked when the Commission might get more information or have further discussion on the Police situation (i.e. stretching them too thin on special events, what is happening with the new officers, and how these issues can best be approached)? The City Hanager stated that he and the Police Chief have discussed it, and the Chief is talking to him employ- ees about various options. He would bring a proposal as soon as possible. Hr. Perlman inquired if the Grants Consultant had made it into the FY 2001 budget? The City Manager responded that it had not specifically, but that at this point it would probably be funded out of contingencies. He commented that there are proposals he would bring to the Commission. In particular, there is one that has worked with the CRA and works with Palm Beach County that he would suggest as perhaps a good person to work with along this line. There being no further business, adjourned by Hayor Schmidt at 7:40 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 City Commission meeting held on September 7, 2000, which minutes were were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official -34- 9/07/00 minutes only after review and approval which may involve some amendments, additions or deletions. -35- 9/07/00 be funded out of contingencies. He commented that there are proposals he would bring to the Commission. In particular, there is one that has worked with the CRA and works with Palm Beach County that he would suggest as perhaps a good person to work with along this line. There being no further business, adjourned by Mayor Schmidt at 7:40 p.m. ATTEST: the meeting was ~ity Cle~ MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the City Commission meeting held on September 7, 2000, which minutes were we e formally approved and adopted by the City Commission on ~ity Cle~ ' NOT~ TO R~ADER: 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. -30- 9/07/00