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10-03-00October 3, 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, October 3, 2000. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby South. The opening prayer was delivered by Reverend Richard Evans, Abbey Delray The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Schmidt noted the addition of Item 8.J.8., Bid award to Hoover Pumping Systems for the installation of an automated, above-ground irrigation system at the Delray Swim and Tennis Club, to the consent agenda by addendum. He also noted the addendum to the staff recommendation that had been provided for Item 9.E., Thomas Battles Report. Mayor Schmidt further stated that he had been informed that under Item 8.B., MacArthur Grant/Downtown Plan Steering Committee, the Beach Property Owners Association representative has been changed from Frank Boyar to Kevin Warner. The City Attorney asked that Item 9.D., Verizon Wireless Lease Agreement, be removed from the agenda as there are certain technical requirements from Motorola that need to be addressed. The agreement will be rescheduled for a future meeting. Mr. Schwartz moved to approve the agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Approval of Minutes: Mrs. Archer moved to approve the Minutes of the Special Meeting of September 12, 2000. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6oAo YMCA Day - December 2~ 2000. Mayor Schmidt commented that there is a new YMCA being built in Boynton Beach which will serve, among other cities, Delray Beach. The facility is scheduled to open it's doors on December 2, 2000. In recognition of that event, Mayor Schmidt presented a proclamation declaring that date as YMCA Day. ° Presentations: None o CONSENT AGENDA: City Manager recommends approval. 8oAo RATIFICATION OF WEST ATLANTIC REDEVELOPMENT COALITION APPOINTMENT TO PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of George Maso as the West Atlantic Redevelopment Coalition (WARC) Board's representative on the Parking Management Advisory Board for a term ending August 31,2001. 8ogo MacARTHUR GRANT/DOWNTOWN PLAN STEERING COMMITEE: Approve the list of nominated individuals to serve on the MacArthur Grant/Downtown Plan Steering Committee as recommended by the Community Redevelopment Agency (as amended). 8.C. RENEWAL OF TEMPORARY PARKING LOT PERMIT/MILAGRO CENTER: Approve a one year renewal (through October 2, 2001) of the Milagro Center's permit for a temporary parking lot located at the southwest corner of SE 1st Street and SE 3rd Avenue within the Central Business District, subject to the provisions of LDR Section 2.4.6(H). 8oDo ACCEPTANCE OF SIDEWALK EASEMENT DEED/PROPOSED HAITIAN MUSEUM: Accept an easement deed from Agama Path, Inc. conveying to the City a five foot sidewalk easement along SE 1st Avenue associated with the proposed Haitian Museum site at 101 SE 1 st Street, located at the northeast corner of SE 1 st Avenue and SE 1 st Street. 8oto AGREEMENT FOR SIDEWALK IMPROVEMENTS/CHURCH OF GOD BY FAITH: Approve an agreement between the City and Church of God by Faith to allow the deferral of sidewalk improvements within the NW 6th Avenue right-of-way until such time as the City requests the sidewalk to be constructed. The subject property is located on the west side -2- 10/03/00 of NW 6th Avenue between NW 3rd and 4th Streets. 8.F. JOINT PARTICIPATION AGREEMENT WITH PALM BEACH COUNTY (LINTON BOULEVARD & FEDERAL HIGHWAY INTERSECTION IMPROVEMENTS): Approve an agreement between the City and Palm Beach County for joint participation and project funding in construction of Linton Boulevard and Federal Highway intersection improvements, with the City to pay up to $15,600 for utility adjustments in conjunction with the project, with funding from 442-5178-536-65.13 (Water & Sewer R&R - Linton Boulevard Utility Relocation). 8.G. RESOLUTION NO. 73-00: Approve a resolution assessing costs for abatement action necessary to remove nuisances from 34 properties throughout the City. The caption of Resolution No.73-00 is as follows: A RESOLUTION OF THE CITY COMMISSION 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 ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH 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.73-00 is on file in the City Clerk's office.) g.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 18th through September 29, 2000. g.I. MODIFICATION AND EXTENSION AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve the Modification and Extension Agreement between the City and the Children's Services Council for grant funding in the amount of $123,502 in support of the Parks & Recreation Out-of-School Youth Recreation/Enrichment program, subject to review and approval by the City Attorney. go Jo AWARD OF BIDS AND CONTRACTS: -3- 10/03/00 Purchase award in the amount of $21,037.00 to Data Flow Systems, sole source provider, for the purchase of telemetry components to be used to facilitate the upgrading of systems at the Water Treatment Plant, with funding from 441-5143-536-46.20 (Water Maintenance Equipment Maintenance). Contract award in the amount of $885,208.00 to Sonic Engineering, Inc. for construction of the Southridge Road/Sunset Avenue/Albatross Road area infrastructure improvement project. This is a 2000 Roadway Bond Program project, with funding in the amount of $576,390.00 from 370- 3162-541-65.46 (2000 Roadway Bond Program), $110,280.00 from 448- 5470-538-65.46 (Stormwater Utility Fund), and $198,538.00 from 441- 5161-536-65.46 (Water & Sewer New Capital). Purchase award at an estimated annual cost of $31,865.00 to Vulcan Performance Chemicals, sole source provider, for the furnishing and delivery of hydrogen peroxide for odor and corrosion control for the City's wastewater system, with funding from 441-5144-536-52.21 (Lift Station Maintenance - Chemicals). Approval of payment in the amount of $16,130.25 to Florida Detroit Diesel for emergency repairs to Fire Apparatus Truck #9232, with funding from 501-3311-591-52.52 (Garage/Vehicle Maintenance Outside Service). Bid award in the amount of $13,572.00 to Kim's Florida Garden for the annual landscape maintenance contract for South Federal Highway and Congress Avenue, with funding from 119-4144-572-46.40 (Beautification Maintenance). Contract renewal with Focus Camera, via City of Boca Raton bid, for the purchase of various film and photographic supplies at an estimated annual cost of $17,216.59, with funding from various departmental operating budgets (line item 34.70 - Photo/Microfilm). Bid award in the amount of $81,634.02 to Calico Racquet Courts, Inc. for the rehabilitation of 20 clay tennis courts at the Delray Swim and Tennis Club, with funding from 117-4133-572-63.90 (Recreation Impact Fees - Other Improvements). Bid award in the amount of $44,138.02 to Hoover Pumping Systems for the installation of an automated, above-ground irrigation system at the Delray Swim and Tennis Club, with funding from 117-4133-572-63.90 (Recreation Impact Fees - Other Improvements). (By Addendum) -4- 10/03/00 Ms. McCarthy moved to approve the consent agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/INCREASED HEIGHT FOR EXISTING TELECOMMUNICATIONS TOWER: Consider a request for conditional use approval to allow an increase in height from 62 feet to 125 feet for an existing telecommunications tower located on the east side of NW 18th Avenue, approximately 660 feet north of Marty Fladell Drive (231 NW 18th Avenue), within the MIC (Mixed Industrial and Commercial) zoning 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. item. The City Clerk swore in those individuals who wished to give testimony on this Paul Dorling, Acting Director of Planning and Zoning, entered the project file into the record. He stated that the property is located at 231 NW 18th Avenue and is the site of Frederico Equipment Company which operates a general contracting business. On January 19, 2000, the Site Plan Review and Appearance Board approved a site plan modification to allow the installation of a 62 ft. high monopole telecommunications tower at the southwest corner of the subject property. Sprint PCS has now requested to extend the existing 62 ft. high tower to 125 feet in height which requires a conditional use approval. The proposed 125 ft. tower will allow the co-location of four service providers (existing Nextel, proposed Sprint PCS and two future providers). The Planning and Zoning Board considered the request at a public hearing on September 18, 2000, at which there was no public testimony. After discussion the Board voted 6 to 0 to recommend approval of the conditional use request based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings) and Section 4.3.3(S) of the Land Development Regulations, and policies of the Comprehensive Plan, and subject to the following conditions: (1) That the tower owner shall offer space on the tower with fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay; (2) tower extension; That the plans be revised to identify the overall height of the proposed (3) That except where superseded by the requirements of other county, state or federal regulatory agencies possessing jurisdiction over telecommunication towers, the -5- 10/03/00 telecommunication tower shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray; and (4) That a site plan modification be processed with the site plan to be in general conformance with the sketch plan and which addresses the access and landscaping issues identified in the staff report. There was no representation on the part of the applicant. Mayor Schmidt declared the public hearing open. There being no one who, having been duly sworn, wished to address the City Commission, the public hearing was closed. Discussion by the Commission followed. Mr. Schwartz expressed his opposition to telecommunication towers as he considers them to be a visual blight on the landscape. He felt that other methodologies could be used to facilitate the communication capabilities afforded by these towers and cited trunk tower technology as a far more preferable alternative. Mr. Schwartz urged the Commission to reject the instant application. Mr. Schwartz moved to DENY the conditional use request to establish a 125 ft. high monopole telecommunication tower for Sprint PCS. The City Attorney advised that written findings of fact and conclusions would be required for any denial of the tower application in accordance with federal law. Ms. McCarthy seconded the motion for discussion. On question from Ms. McCarthy, the City Attorney stated that the provisions of the Land Development Regulations dealing with telecommunications towers are in compliance with federal law. If the application were to be denied, there would need to be a written order issued that would set forth the findings as to why the application is inappropriate, why it would affect the stability of the neighborhood, why it would hinder development or redevelopment, etc. At this point, Mayor Schmidt called the question. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - No; Mrs. Archer - No; Mr. Schwartz - Yes. Said motion to DENY FAILED TO PASS by a 3 to 2 vote. 9.B. SCHOOL CONCURRENCY INTERLOCAL AGREEMENT: Consider approval of the Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish public school concurrency. Leo Noble, Palm Beach County School District Consultant, gave a brief overview of the school concurrency program agreement. The interlocal agreement establishes a process for a coordinated planning effort, the requirement for a financially feasible public school capital facilities program, and establishment of level of service standards for public schools. The -6- 10/03/00 School District has to meet financial feasibility, that is, has to be able to have the financing in place to build all of the new, permanent stations for new children as growth takes place. It also requires that the School District modernize the older schools in the district from now on as they turn 35 years old. Another aspect is the intergovernmental coordination between the cities and the School Board to make sure that school space is built for all students. Finally, there is a regulatory component that development, as it goes forward, has to be reviewed by the School District to make sure that there is school capacity for that development. Following a brief discussion, Mrs. Archer moved to approve the School Concurrency Interlocal Agreement. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the October 19, 2000 Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, and specified overtime costs. Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request. The estimated overtime cost for this event is $6,500. He stated that the recommendation is for approval as outlined in his memorandum, with an upper limit of $6,500 for overtime as opposed to the $7,000 that has been approved in the past. He felt that everyone was working to do a better job of controlling costs, thereby allowing further reduction of overtime costs. Mr. Schwartz moved to approve the special event request for the October 19th Art & Jazz on the Avenue as recommended by staff. The motion was seconded by Ms. McCarthy. Prior to roll call, Mr. Schwartz commented that in the future he hoped to see more and more of the associated costs gradually transferred to the Chamber of Commerce. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.D. VERIZON WIRELESS LEASE AGREEMENT: (THIS ITEM WAS REMOVED FROM THE AGENDA.) 9.E. THOMAS BATTLES REPORT: Consider approval of the summary agreement as set forth in the September 15, 2000 letter to the City Manager from Thomas L. Battles, Senior Reconciliation Specialist, U.S. Department of Justice, and the staff recommendation to address the issues. Lula Butler, Director of Community Improvement, stated that the item before the Commission is the summary of the agreement between the City and the Black Citizens Coalition as mediated by Mr. Battles. The action requested is approval of the agreement and also the implementation process as recommended by staff. Mrs. Butler commented on her -7- 10/03/00 supplemental memorandum dated October 2, 2000 in which she further recommended the ratification of the five member Advisory Team and that any decisions made by that team be made in the form of a recommendation and come back to the City Commission for consideration. On question from Commissioner McCarthy as to an education component, Mrs. Butler stated that this still needs to be negotiated. The instant recommendation deals with the summary of Mr. Battles' mediation meeting on July 19, 2000. Mr. Perlman moved to approve the summary agreement as outlined in Mr. Battles' report along with the action plan recommended by staff to address the issues, as amended to incorporate the Director of Community Improvement's further recommendation as set forth in her memorandum dated October 2, 2000. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9oFo HOUSING REHABILITATION CONTRACT AWARD/DAKOTA CONSTRUCTION, INC.: Consider approval of a contract award through the State Housing Initiatives Partnership (SHIP) program in the amount of $20,338.75 to Dakota Construction, Inc. as the lowest responsive bidder (second low bid) for the rehabilitation of a single family housing unit at 312 S.W. 1 lth Avenue. Lula Butler, Director of Community Improvement, stated that the request is for the Commission to approve a housing rehabilitation award to Dakota Construction as the lowest responsive bidder (second low bid). The apparent low bid was not considered because the required bid bond check was not provided. Mr. Schwartz moved to approve the housing rehabilitation contract award to Dakota Construction, Inc. as the lowest responsive bidder. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oGo BID AWARD FOR LANDSCAPE MAINTENANCE/GATOR LANDSCAPING & IRRIGATION: Consider approval of a bid award in the amount of $32,369.00 to Gator Landscaping & Irrigation as the lowest responsive bidder (third low bid) for landscape maintenance of Homewood Boulevard, Linton Boulevard and three medians on Mili- tary Trail, with funding from 119-4144-572-46.40 (Beautification Maintenance). Joe Weldon, Director of Parks and Recreation, stated that the request is for the Commission to approve award of an annual landscape contract to Gator Landscaping & Irrigation (third low bidder) as the lowest responsive, responsible bidder. The contract area encompasses Homewood Boulevard, Linton Boulevard and three medians on Military Trail. The apparent low bidder did not have the proper equipment to satisfactorily perform the job scope, while the second low bidder did not have satisfactory references and had insurance problems. -8- 10/03/00 Mrs. Archer moved to approve the bid award to Gator Landscaping & Irrigation as the lowest responsive, responsible bidder for the referenced contract. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.H. REGIONAL EVACUATION COORDINATION AND IMPLEMENTATION PROCEDURES: Consider authorizing the City Manager to sign the letter of support for the Host Shelter Plan, the Reentry Plan and the Road Monitoring Procedures. The City Manager stated that the Palm Beach County Division of Emergency Management has had a contract with Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems to help develop plans for regional evacuation coordination, and has asked the City to indicate support for the plans that have been developed. City staff is satisfied with the Host Shelter Plan, the Reentry Plan and the Road Monitoring Procedures. Staff is still working with the County on the Refuges of Last Resort Plan. This plan called for breaking into private facilities under emergency conditions so that they could be used for shelter. Staff believes, at least in our case, that there are enough public facilities near the interstate exits that could be used for that purpose without getting involved in breaking into private buildings. Hence, the Refuges of Last Resort Plan would be brought back at a later date. Ms. McCarthy moved to authorize the City Manager to sign a letter of support for the Host Shelter Plan, the Reentry Plan and the Road Monitoring Procedures. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.1. SETTLEMENT OF PROPERTY DAMAGE CLAIM BY DESIMON ALEXANDRE: Consider settlement of the referenced matter as recommended by the City Attorney. The City Attorney recommended acceptance of the offer to settle the case for $2,150.00 which includes all other costs or fees. Mr. Perlman so moved, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9oJo APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint five members to the Board of Construction Appeals for two year terms ending August 31, 2002. The appointments will be made by Commissioner McCarthy (air conditioning contractor), Mayor Schmidt (master electrician), Commissioner Perlman (professional engineer), Commissioner Archer (general contractor), and Commissioner Schwartz (real estate broker or insurance agent). -9- 10/03/00 Commissioner McCarthy moved to appoint Chris Ryan to the Board of Construction Appeals (air conditioning contractor) for a two year term ending August 31, 2002. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated that he wished to appoint Tim Onnen to the Board of Construction Appeals (master electrician) for a two year term ending August 31, 2002. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Commissioner Perlman moved to reappoint Leonard Sheppard to the Board of Construction Appeals (professional engineer) for a two year term ending August 31, 2002. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. Commissioner Archer moved to reappoint James Griffis to the Board of Construction Appeals (general contractor) for a two year term ending August 31, 2002. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Commissioner Schwartz moved to reappoint Michael Eisenrod to the Board of Construction Appeals (real estate broker or insurance agent) for a two-year term ending August 31, 2002. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:35 p.m., the Commission moved to Item 12. (First Readings) on the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 27-00: An ordinance changing the Future Land Use Map designation from MD (Medium Density Residential 5-12 units/acre) to CF-R (Community Facilities-Recreation), and associated rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the Delray Swim and Tennis Club facility located on the west side of Jaeger Drive between Dotterel Road and Egret Circle. If passed, a quasi-judicial (as to zoning) public hearing will be scheduled for October 17, 2000. The City Manager presented Ordinance No. 27-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE -10- 10/03/00 LAND USE MAP DESIGNATION FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE) TO CF-R (COMMUNITY FACILITIES-RECREATION), AND REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT, FOR A CITY-OWNED PARCEL OF LAND LOCATED ON THE WEST SIDE OF JAEGER DRIVE BETWEEN DOTTEREL ROAD AND EGRET CIRCLE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-00 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 small scale Future Land Use Map amendment and rezoning are proposed in order to accommodate the City- owned recreational facilities contemplated for the subject property (i.e. Delray Swim and Tennis Club). The Planning and Zoning Board considered the land use actions at a public hearing on September 18, 2000. Three members of the Delray Racquet Club Association spoke in opposition to the request citing concerns with the CF zoning allowing more intense uses than the current RM zoning. After discussion, the Board voted 5 to 1 to recommend approval of the FLUM amendment and rezoning based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations. The dissenting board member felt that the OSR (Open Space and Recreation) zoning category was more appropriate; however, tennis centers are not listed as a permitted use in the OSR district. In addition, Mr. Dorling noted a letter of objection received from the Delray Racquet Club Association Inc. expressing concern about potential uses of the property. A copy of this letter was provided to the City Commission for review. Mrs. Archer moved to approve Ordinance No. 27-00 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11 on the agenda. -11- 10/03/00 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. There were no responses to prior public comments. 11.B. From the Public. ll.B.1. Alice Finst~ 707 Place Tavant, inquired as to the status of a unified Web site for the City of Delray Beach. She felt that the City ought to have it's own web site rather than putting out information through the Chamber of Commerce's site. Mrs. Finst also suggested that the City Commission agenda be made available on the internet in a more timely fashion even if it is still in draft form. She also asked that the Code Enforcement Board agendas be made available through the internet and via e-mail. ll.B.2. Jean Beer~ 2145 S.W. 26th Terrace, expressed concern about overloading the Police Department with special event coverage. She felt the City ought to do some further investigation into the various special events and categorize them into those that require an intensive effort in terms of time and manpower allocation and those that are relatively simple and non-intensive such as some of the walk events. By doing so she felt the City would have a better idea of actual man-hours and what the Police Department is able to do. A second issue to have come up at a Progressive Residents of Delray (PR.O.D.) meeting is master planning. Mrs. Beer commented that Boynton Beach is taking one section of that city at a time and allowing no new development in that area while a master plan is drawn up neighborhood by neighborhood. The members of PR.O.D. would like the City Commission to think about doing something like this since the various neighborhood residents have very definite ideas about what they want their neighborhoods to be. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. Reporting from the League of Cities, the City Manager stated that there will be a countywide ordinance considered that would allow hearing officers to be used for traffic offenses. For general information concerning the school concurrency issue, the City Manager stated that if the agreement is adopted by all of the 28 municipalities that have to adopt it, it will still be five years before the schools catch up and the concurrency agreement allows schools to go as much as 110% of capacity even after the concurrency agreement is in effect and the School District has caught up with the backlog. There has been some concern that people might expect development to stop tomorrow because there are not schools there, and that is not going to happen. It will be five years before the concurrency agreement is fully implemented. -12- 10/03/00 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. 13.C.1. City Commission. Commissioner Archer had no comments or inquiries. 13.C.2. Commissioner Perlman asked the City Manager if the Commission would be workshopping the Police Department attrition issue? The City Manager stated that it would be scheduled for a work session as soon as he receives a proposal. He expected to receive something from the Chief within a week or so. Commissioner Perlman asked if anything had been heard from the School Board in response to the Commission's letter concerning school boundaries and requesting a joint workshop? The City Manager replied that no response had as yet been received. Mr. Perlman expressed some concern that we are running out of time to meet with them and asked if there was anything that could be done to facilitate the meeting? The City Manager suggested that the School Board members be contacted directly by the Commission. Commissioner Perlman commented that he had attended yesterday's luncheon arranged by the Education Board for the local school Principals. He felt that they would be asking the City to play a more activist role in the local schools. He was especially excited that they are going to be working on a vision plan, something along the line of what was done in 1990 which resulted in getting some special programs at Spady Elementary, Banyan Creek Elementary and Carver Middle School. 13.C.3. 13.C.4. 13.C.5. Commissioner Schwartz had no comments or inquiries. Commissioner McCarthy had no comments or inquiries. Mayor Schmidt had no comments or inquiries. At this point, the time being 6:45 p.m., Mayor Schmidt declared a recess in the meeting until 7:00 p.m., at which time the Commission would reconvene to consider Item 10, Public Hearings. Mayor Schmidt reconvened the meeting at 7:00 p.m., at which time the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.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; providing for a small scale Future Land Use Map amendment from County MR-5 (Medium Density 5 units per acre) to City CF (Community Facilities); and establishing initial -13- 10/03/00 zoning of CF (Community Facilities) for the property. QUASI-JUDICIAL HEARING AS TO ZONING. 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. 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 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 CF (COMMUNITY FACILITIES) FOR 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 stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. 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. Mayor Schmidt asked for the disclosure of any ex parte contact by any Commission member with respect to the pending application. Each Commission member disclosed for the record his or her ex parte contacts concerning the applications. Mayor Schmidt declared the public hearing open. The City Clerk swore in those individuals who wished to give testimony on Items 10.A, 10.A. 1, and 12.A. Paul Dorling, Acting Director of Planning and Zoning, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. Mr. -14- 10/03/00 Dorling gave a brief presentation on Items 10.A, 10.A. 1, and 12.A. The Planning and Zoning Board considered this item at its meeting of August 21, 2000 and recommended approval by a 5 to 1 vote. Mr. Chris Cutrow, Director of Planning for Michaelsons Architect, gave a report on his review of this item. He feels there should be no more than 50 patients. The following individuals spoke in opposition: Bob Ensler~ 26 Woods Lane~ Boynton Beach Jane Kin~ 3400 Place Valenkay Pam Hacket~ representative for State Rep. Bill Andrews~ 801 Palm Trail Rudy Va~er~ 4015 Maiestic Palm Way Etienne Jeam Shadow Lane Alexandre Bouvue~ 4554 Sunrise Boulevard Dan Carter~ 3204 Lakeview Drive Charles Hand~ 13214 Balwick Road Beth Johnston~ 3775 Satin Leaf Court Bob Hayes~ 181 SE 5th Avenue Tom Steinrich~ 3717 Satin Leaf Court Allan Blanksteim 3805 Sable Lakes Roads Ron Pascarelli~ 3760 Riverside Way Susan Ro~ers~ 1375 Sable Lakes Road Joseph DeCanto~ 1225 Sea Grape Circle Joey DeCanto~ 1225 Sea Grape Circle Jean Beer~ PROD~ 2145 SW 26th Terrace Howie Jones~ 4615 Rid~ewood Road Jerry Thompsom 2385 SW 13th Avenue Gary Capalka~ 4020 Sea Grape Circle Jerry Howard~ 4611 Pinetree Drive Alan Kaufmam Attorney representin~ PROD and Barwick Area Coalition Frank Basim 13387 Barwick Road Kevin Warner~ 248 Venetian Drive~ BPOA Mary Hoffman Alice Finst~ 707 Place Tavant -15- 10/03/00 Bill Mackey, 1205 Sea Grape Circle John Bennett, 137 Sea Breeze Avenue Darryl Mack, 3698 Satin Leaf Court Inea Jean, 3449 Place Valencay Karen Newman, Co-President of PTA of Banyan Creek Elementary School The following individuals spoke in favor: Michael Weiner, attorney representing applicant, Pathways To Recovery, introduced experts, which were accepted by the Commission, that will be speaking on behalf of the applicant, and gave a presentation in regards to the applications for Items 10.A, 10.A. 1, and 12.A. Kieran J. Kilday, Kilday & Associates, entered into the record exhibits on this project and presented the closing statement. Rob Reninbaum, Simmons & White Roberta Dabranna, Admissions Account Manager, Pathways To Recovery Dr. Zavas, Medical Director, Pathways To Recovery Lynn Davis, Therapist, Pathways To Recovery Frank Cardo, Real Estate Appraiser, Anderson & Cart Police Chief David Murray, security expert William Santuie, 14H Crossing Circle, Boynton Beach Sharon Kelly, 2565 S. Ocean Blvd., Palm Beach The public hearing was closed. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Weiner requested that the Commission allow the applicant to weigh the outcome of the first vote, and be allowed to take appropriate action if so called. He continued to ask that he have five minutes to rebut the public testimony. The City Attorney stated that Mr. Weiner had already had rebuttal and there is provision for closing argument and he chose to take the closing argument. Ms. Ruby continued to state that Mr. Weiner is able to withdraw his application for annexation and any other petitions he may have. Once the annexation is voted on, that is the act of the City Commission. Mr. Weiner requested a three-minute recess after a motion is made before the final vote, with Commission approving. Mr. Weiner then cross-examined Paul Dorling. -16- 10/03/00 At this point, the time being 10:15 p.m., the Mayor recessed then reconvened at 10:25 p.m. The Commission continued by questioning the applicant and staff on various issues. Mr. Perlman moved to DENY Ordinance No. 23-00 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.A.1. CONDITIONAL USE REQUEST/PATHWAYS TO RECOVERY: Consider a request for conditional use approval to allow the expansion of an alcohol and drug abuse treatment facility known as Pathways to Recovery, located on the east side of Barwick Road approximately 250 feet north of Sabal Lakes Road. QUASI-JUDICIAL PROCEEDING. 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 Attorney stated that it would not be legally proper for this item to be voted on because of the outcome of Ordinance 23-00. At this time, Mayor Schmidt returned to Item ll.B. Comments and Inquiries on Non-A~enda Items From the Public, which there were none. There being no further business, Mayor Schmidt declared the meeting adjourned at 11:05 P.M. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of October 3, 2000 which minutes were formally approved and adopted by the City Commission on -17- 10/03/00 City Clerk NOTE TO READER: If the minutes you have received are not completed 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. -18- 10/03/00 At this point, the time being 10:15 p.m., the Mayor recessed then reconvened at 10:25 p.m. issues. The Commission continued by questioning the applicant and .staff on' various~ Mr. Perlman moved to DENY Ordinance No. 23-00 on Second-and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.A. 1. CONDITIONAL USE REQUEST/PATHWAYS TO~cECOVERY: Consider a request for conditional use approval to allow the expansion of an alcohol and drag abuse treatment facility known as Pathways to Recovery, located on the east side of Barwick Road approximately 250 feet north of Sabal Lakes Road. QUASI-JUDICIAL PROCEEDING. 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 Attorney stated that it would not be legally proper for this item to be voted on because of the outcome of Ordinance 23-00. At this time, Mayor Schmidt returned to Item ll.B. Comments and Inquiries on Non-Agenda Items From the Public, which there were none. There being no further business, Mayor Schmidt declared the meeting adjoumed at 11:05 P.M. MAYOR CityClerk The undersigned is the City Clerk of the City of Dekay Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of October 3, 20~0~ which, minutes w~ere formally approved and adopted by the City Commission on -17- 10/03/00 City Clerk NOTE TO READER: If the minutes you have received are not completed 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. -18- 10/03/00