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10-17-00OCTOBER 17, 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 17, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Nancy Norman, Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. Mayor Schmidt noted that Item 9.E., Verizon Wireless Lease Agreement, had been added back on the agenda. Mr. Schwartz moved to approve the agenda as amended, 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. o Approval of Minutes: Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of September 19, 2000, 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. o Proclamations: 6.A. Recognizing the Delray Beach Orchid Society's 10th Annual Show - October 27-29, 2000 Hayor Schmidt read and presented a proclamation in recognition of the Delray Beach Orchid Society's 10th Annual Show which will be held October 27, 28 & 29, 2000, in the Old School Square gymnasium. The theme of this year's show is "VOTE! ORCHIDS 2000". Mayor Schmidt noted that the Delray Beach Orchid Society's annual show is regarded as one of the best small shows in the state and he encouraged everyone to come out and attend. 6.S. Recognizing and commending the Ocean Rescue Lifeguard Competition Team on their achievements at the 2000 United States Lifesaving Association National Lifeguard Championships. Hayor Schmidt read and presented a proclamation recog- nizing and commending the Ocean Rescue Lifeguard Competition Team on their achievements at the 2000 United States Lifesaving Association National Lifeguard Championships, as follows: First Place Winners: Supervisor Hether Irurzun and Ocean Rescue Officers Hark Henkle and Aaron Hamerling For Superior Achievement: Eric Feld Tom Hemenway Bethanne Schwartz Brent Tracy Shaun Gibson Amy Schwartz Regis Smeltz Chris Wiley 6.C. Florida City Government Week - October 22-28, 2000 Hayor Schmidt read and presented a proclamation in recognition of Florida City Government Week which will be ob- served October 22-28, 2000. Robert A. Barcinski, Assistant City Hanager, came forward to accept the proclamation. o Presentations: 7.a. Recognizing Elizabeth Godwin, the local First Place winner in the Sister Cities International llth Annual Young Artist Competition. Mayor Schmidt stated that Sister Cities International holds an art competition each year. It is a worldwide competi- -2- 10/17/00 tion and thousands of pieces of art work are submitted for consideration. Ten winners are selected internationally. This is the fifth year that Delray Beach has participated in it, and this is the second time that we've had one of the ten interna- tional winners. Elizabeth Godwin, a Junior at Atlantic High School, was selected as one of this year's winners with her entry titled "Mother & Child". Ms. Godwin came forward to accept her award from Hayor Schmidt. 7.B. Children's Services Council - November 7th Ballot Referendum. Helanie Brenner, on behalf of the Children's Services Council, spoke to the Commission about the "Vote Yes for Chil- dren'' campaign that will be on the November 7th ballot. The referendum will ask voters to increase the millage rate for the Children's Services Council from one-half mill to a full mill. Ms. Brenner summarized the CSC's achievements in Palm Beach County since it's inception, and briefly discussed the proposed allocation of the additional funding should the millage increase be approved (25% to after school/recreational activities for school-age children; 25% for child abuse intervention and prevention programs; and 50% for early childhood services). She urged everyone to vote "Yes" on November 7th for the referendum. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 74-00: A resolution adopting the Unified Local Mitigation Strategy for the City of Delray Beach. The caption of Resolution No. 74-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE UNIFIED LOCAL MITIGATION STRATEGY FOR THE CITY OF DELRAY BEACH; PROVIDING FOR A SEVER- ANCE CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Resolution No. 74-00 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 77-00: A resolution vacating and abandoning an unimproved right-of-way (labeled Kings Lynn) within the Plat of Lake Ida Manor, Addition No. 1, located west of N.W. 4th Avenue, based upon positive findings. This is a City-initiated action. -3- 10/17/00 The caption of Resolution No. 77-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN UNIMPROVED RIGHT-OF-WAY (LABELED KINGS LYNN) ADJACENT TO THE SOUTH LOT LINE OF LOT 7, ACCORDING TO THE PLAT OF LAKE IDA MANOR, ADDITION NO. 1, LYING WEST OF N.W. 4TH AVENUE, AS MORE PARTICULARLY DE- SCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. (The official copy of Resolution No. 77-00 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 78-00: A resolution vacating and abandoning the north/south alley right-of-way located in Block 1, Re-Plat of Ida Lake Terrace, located on the north side of N.W. llth Street between N.W. 2nd and 3rd Avenues, based on positive findings. This is a City-initiated action. The caption of Resolution No. 78-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY RIGHT-OF- WAY LOCATED IN BLOCK 1, RE-PLAT OF IDA LAKE TERRACE, LYING ON THE NORTH SIDE OF N.W. llTH STREET BETWEEN N.W. 2ND AND 3RD AVE- NUES, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA (The official copy of Resolution 78-00 is on file in the City Clerk's office.) 8.D. RESOLUTION NO. 79-00: A resolution vacating and abandoning the north/south alley right-of-way located in Block 4, Re-Plat of Ida Lake Terrace, located on the north side of Grove Way between N.W. 2nd and 3rd Avenues, based upon positive findings. This is a City-initiated action. The caption of Resolution No. 79-00 is as follows: -4- 10/17/00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY RIGHT-OF- WAY LOCATED IN BLOCK 4, RE-PLAT OF IDA LAKE TERRACE, LYING ON THE NORTH SIDE OF GROVE WAY BETWEEN N.W. 2ND AND 3RD AVENUES, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILI- TY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. (The official copy of Resolution No. 79-00 is on file in the City Clerk's office.) 8.E. RESOLUTION NO. 80-00: A resolution vacating and abandoning that portion of the unimproved N.W. 14th Street right-of-way lying north of and adjacent to Block 3 and Lots 4 & 5, Block 4, Re-Plat of Ida Lake Terrace, located between N.W. 2nd and 4th Avenues, based upon positive findings. This is a City-initiated action. The caption of Resolution No. 80-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE UNIMPROVED NORTHWEST 14TH STREET RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO BLOCK 3 AND LOTS 4 & 5, BLOCK 4, RE-PLAT OF IDA LAKE TERRACE, LOCATED BETWEEN N.W. 2ND AND 4TH AVENUES, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILI- TY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. (The official copy of Resolution No. 80-00 is on file in the City Clerk's office.) 8.F. RESOLUTION NO. 81-00: A resolution authorizing the Community Redevelopment Agency to acquire certain property within Block 53, Town of Delray (commonly known as the Norris property) by gift, purchase or eminent domain. The caption of Resolution No. 81-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING -5- 10/17/00 THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COHHUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (The official copy of Resolution No. 81-00 is on file in the City Clerk's office.) 8.G. ACCEPTANCE OF GRANT AWARDS FOR PARKS AND RECREATION PROJECTS: Accept two grant awards from the Florida Inland Navigation District (F.I.N.D.) and approve the associated project agreements for (1) grant award in the amount of $70,000 to assist with the purchase of the Odabashian property for boat ramp parking, and (2) grant award in the amount of $81,000 to assist with renovations and improvements to the City Harina. The project agreement for the land acquisition should be ap- proved subject to closing on the property. 8.H. ACCEPTANCE OF GRANT AWARD FOR POLICE PATROL BOAT: Accept a grant award from the Florida Inland Navigation Dis- trict (F.I.N.D.) in the amount of $47,229 to assist with the purchase of a Police boat to patrol and enforce boating laws on waterways within the City, and approve the associated project agreement. 8.I. SITE LICENSE AGREEMENT/DELRAY PALM VIEW, INC.: Ap- prove a site license agreement between the City and Delray Palm View, Inc. which provides for the City to install a receiver antenna for the 800 MHz radio system on the Hardrives tower located at 2101 South Congress Avenue. 8.0. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS WITH TWO SUBRECIPIENTS: Approve and authorize the execution of two subrecipient funding agreements with MAD DADS ($52,000) and the Community Child Care Center ($18,000) under the Community Development Block Grant (CDBG) program for FY 2001, with total funding in the amount of $70,000 from 118-1966-554-83.01 (Other Grants & Aid/S52,000) and 118-1966-554-82.09 (Child Care Cen- ter/S18,000). 8.K. CHANGE ORDER #1/SUBAQUEOUS SERVICES, INC. (TROPIC ISLE CANAL DREDGING PROJECT): Approve Change Order ~1 in the amount of $100,000.00 to the contract with Subaqueous Services, Inc. for the Tropic Isle Canal Dredging project, with funding from 448-5461-538-65.54 (Stormwater Utility - Tropic Isle Dredging). -6- 10/17/00 8 . L. CONTRACT CLOSEOUT/ME TRO SERVICE CONSULTANTS, INC. (FIRE HYDRAND REPAIR AND MAINTENA/qCE): Approve closeout of the existing contract with Metro Service Consultants, Inc. for fire hydrant repair and maintenance, and liquidate two outstanding purchase orders in the total amount of $55,772.50 with the funds reverting to 441-5123-536-34.90 (Water & Sewer Other Contractual Services). 8.M. CLOSEOUT CHANGE ORDER & FINAL PAYMENT/G.T.E. BUILDERS (COMMUNITY CENTER EXPANSION AND ROOF REPAIRS): Approve closeout Change Order #1 in the amount of $35,739.38 and final payment in the amount of $41,211.70 to G.T.E. Builders for completion of the Community Center expansion and roof repairs project, with funding from 334-6112-519-62.10 (General Construction Fund - Buildings). 8.N. REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 2nd through October 13, 2000. 8.0. AWARD OF BIDS AND CONTRACTS: Contract renewal with Air Liquide America Corp., via City of West Palm Beach bid, for the purchase and delivery of liquid carbon dioxide at an estimated annual cost of $51,000.00, with funding from 441-5122-536-52.21 (Water & Sewer - Chemi- cals). Award in the total amount of $25,400.00 to Pres- sure Cleaning Services, Inc. for the cleaning (descaling) of the clarifiers, drains and cross- over piping at the Water Treatment Plant, with funding from 441-5122-536-34.90 (Water Treatment & Storage - Other Contractual Services). Purchase award in the amount of $18,200.00 under the City's annual contract with Southeastern Pump for the purchase of pumps and related equipment to be provided by the City in association with the Breezy Ridge Estates Improvements project, with funding from 441-5161-536-65.48 (W&S Capital Outlay - Breezy Ridge Estates). Purchase award in the amount of $23,705.00 to Hydro Pumps, Inc. for the purchase of a replace- ment motor and electrical cable for the submers- -7- 10/17/00 ible pump at the aquifer storage and recovery facility, with funding from 442-5178-536-63.97 (W&S Renewal & Replacement - Raw Water Well Rehabilitation). Installation of the new pump and cable will be done by AMPS under our continu- ing contract for well rehabilitation. Contract award in the amount of $35,000.00 with Colonna Asphalt Restoration, Inc., via Broward County contract, for miscellaneous asphalt re- pairs and patching as a result of utility work within paved areas, with funding from 441-5123- 536-34.90 (Water Distribution - Other Contractual Services}. Contract award in the amount of $177,925.00 to RSI of Florida, Inc. for the re-roofing of both the first and second floor roofs of the Police headquarters building at 300 West Atlantic Avenue and the roof of the shooting range/fitness center building located just south of the Police head- quarters building, with funding from 334-6112- 519-46.10 (General Construction Fund - Building Maintenance). Hr. Schwartz moved to approve the consent agenda, 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. REGULAR AGENDA: 9.a. REMOVAL OF TEMPORARY STREET CLOSURE/S.E. 4TH STREET: Consider approving the removal of the temporary street closure at S.E. 4th Street between S.E. 6th Avenue (northbound Federal Highway) and S.E. 7th Avenue. (Postponed from August 15, 2000 to allow time for the Homeowners Association and staff to work out a mutually agreeable arrangement.) Paul Dorling, Acting Director of Planning and Zoning, stated that he and Randal Krejcarek, City Engineer, met with members of the Marina District Homeowners Association on Septem- ber 21, 2000. Various traffic calming measures were discussed and at the conclusion of the meeting, the Homeowners Association voted to support the removal of the temporary street closure subject to the provision of alternative traffic calming lea- -8- 10/17/00 tures. These include installing semi-diverters on S.E. 4th Street and S.E. 6th Avenue, and S.E. 3rd Street and S.E. 6th Avenue; making S.E. 4th Street one-way (east to west) from S.E. 7th Avenue to S.E. 6th Avenue; installing chicanes in the 200 block and 300 block of S.E. 7th Avenue; and installing either a raised intersection or a roundabout at the intersection of S.E. 7th Avenue and S.E. 2nd Street. Mr. Dorling noted that the Planning and Zoning Board had considered the matter at a public hearing on July 17, 2000, and voted to recommend removal of the temporary closure subject to these alternative traffic calming devices to be installed simultaneously with the removal of the closure. Mr. Robert Hewett, President of the Marina Historic District Homeowners Association, stated that the homeowners concur with the recommendation as presented by Hr. Dorling. He thanked the Commission for allowing the opportunity to work this out in mutually agreeable fashion and commended both Hr. Dorling and Hr. Krejcarek on their willingness to cooperate and profes- sionalism. Mrs. Archer moved to approve removal of the temporary closure of S.E. 4th Street between S.E. 6th and 7th Avenues, subject to the condition that the traffic calming measures outlined by the Acting Director of Planning and Zoning be imple- mented simultaneously. 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.S. LEWIS COVE SWALES. Conrad Sittler, 1011 Lewis Cove, speaking on behalf of the residents of Lewis Cove, stated that the purpose of his presentation was to ask the City Commission to direct staff to restore Lewis Cove to it's condition prior to the digging of the swales. He presented his understanding of how the project came about as well as the problems that have occurred for the resi- dents as a result of the swale construction. Mr. Sittler dis- cussed his review of the information provided to him concerning the City's NPDES (National Pollution Discharge Elimination System) permit and his contention that the modification being requested by the Lewis Cove residents is spoken to directly in the permit and is allowable. He stated that he and the City Engineer had recently walked the street in an effort to come to some mutually acceptable solution, but thus far had not been successful. He felt that there were basically two problem areas -9- 10/17/00 on Lewis Cove (addressed as 1035 and 1040 Lewis Cove) that needed to be fixed while the rest of the street could be re- stored to its original condition. Mr. Sittler continued that the City has spent some $7,000 to have the swales dug on Lewis Cove and then to find out why they did not work as they were intended to do (i.e. leaving standing water). He and the other residents feel the problem can be solved by addressing the drainage problems at the two addresses mentioned above while restoring the rest of the properties to their original condition with no swales. However, it is now his understanding that the City plans to spend another $10-$15 thousand dollars to re-dig the swales, raise the base of the swale to six inches, and install a "sock" under the swale to help with drainage and eliminate the standing water problem. Hr. Sittler urged the Commission to take the action recommended by the Lewis Cove residents that would fix the problem to their satisfaction while at the same time would satisfy the City's regulatory require- ments. At this point, Randal Krejcarek, City Engineer, dis- cussed the problems that had occurred with standing water in the swales and the different options that are being looked at in order to deal with this problem, not only on Lewis Cove but also on Del Harbour Drive. He outlined four remedial options, as follows: the first would be the installation of vortex boxes; the second option would be an exfiltration trench; the third option, and the one recommended by the consulting engineer, would be a combination of a vertical well along with a modified swale which would involve reconstructing the swales to a depth of no more than six inches; and the last option is the "sock" option which is recommended by staff and which involves install- ing what is called a "sock" which is a modified exfiltration system underneath the swale. The sock is a pipe 4 to 6 inches in diameter with holes in it and has what appears to be a fabric sock over it so that the soil and silt does not get into the pipe and clog it up. It acts just like an exfiltration trench but the benefit in this situation would be that the sock would be above the water table. The swales would be restored to a depth of six inches. A lengthy discussion ensued, including extensive question and answer between the Commission and staff as to the various engineering alternatives and the costs associated with each option. Hr. Krejcarek reiterated that in this case, be- cause of the higher water table which is only a couple of feet below the surface of the road, the recommendation is to go with the "sock" option. It would work like an exfiltration trench, -10- 10/17/00 but above the water table to filter the water, collect it and also drain the swales so that water does not stand in them for an excessive amount of time. He felt that this option would remove the majority of the water from the properties the fastest and the safest in terms of pollution. Upon further discussion, it was the consensus of the City Commission to direct staff to fix the standing water prob- lem and provide the best water quality utilizing whatever option provides the best solution as determined by the Engineering Division. As for filling in all of the swales, it was the majority consensus that they not be completely filled in; howev- er, they should be looked at while the remedial work is being done and if they are too severe they should be partially filled in to that whatever swales are left would be at no more than six inches. At this point, the time being 7:30 p.m., the Commis- sion moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.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) District for the Delray Swim and Tennis Club facility located on the west side of Jaeger Drive between Dotterel Road and Egret Circle. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDI- CIAL HEARING AS TO ZONING The City Manager presented Ordinance No. 27-00: AN ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE 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 -11- 10/17/00 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 and stated that the item would be conducted as a quasi-judicial hearing with respect to the rezoning aspect, which allows for presentations by all involved parties, the admission of docu- ments into the record and public testimony. It was the consensus of the City Commission to conduct a combined quasi-judicial proceeding for both the rezoning aspect of Ordinance No. 27-00 (Item 10.A.) and the associated conditional use request (Item 10.A.1.) . Hayor Schmidt asked for the disclosure of any ex parte contact by any Commission member with respect to the pending applications. Each Commission member disclosed for the record his or her ex parte contacts concerning the applications. The City Clerk swore in those individuals who wished to give testimony on the items. Paul Dorling, Acting Director of Planning and Zoning, entered the project files into the record. Hr. Dorling stated that the Future Land Use Map amendment and rezoning are being processed to accommodate the proposed tennis center operation which was contemplated by the City at the time the property was purchased by the City. The Planning and Zoning Board considered the proposed land use actions at a public hearing on September 18, 2000, at which time some opposition was voiced by residents of the Delray Racquet Club due to security and intensity of use concerns. After discussion, the Board voted 5 to 1 to recommend approval of the small scale FLUM amendment and rezoning based upon positive findings with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D) (5) (Rezoning Findings) of the Land Development Regulations. -12- 10/17/00 With respect to the conditional use application, Hr. Dorling stated that the City recently purchased the recreation facilities associated with the Delray Racquet Club. The City retained the west 5.6 acres of the site containing 14 tennis courts, swimming pool and clubhouse, and conveyed the east portion (2.66 acres) containing 10 tennis courts and associated parking to the Delray Racquet Club Condominium Association. As part of the transaction, the City entered into an agreement to utilize the 2.66 acre parcel of land, including non-exclusive and ingress/egress easements for use of the parking area for 99 years and use of the tennis courts for 35 years. The 2.66 acres owned by the condominium association is zoned RM (Hedium Density Residential). Within the RM district the use of common recrea- tion facilities such as tennis courts for club or commercial purposes is allowed as a conditional use. The Planning and Zoning Board considered the conditional use application at a public hearing on September 18, 2000, and voted 6 to 0 to recom- mend approval based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Compatibili- ty) of the Land Development Regulations, and policies of the Comprehensive Plan, and subject to the following conditions: (1) That a site plan modification be processed ad- dressing the parking lot upgrades, including landscaping and lighting; (2) That the tennis courts not be lighted; and (3) That the Police Department reviews the site plan, inspects the site, and provides recommendations related to any security concerns. lng. At this point, Hayor Schmidt opened the public hear- Speaking from the audience was the following: Hr. Chuck Oliver, 2255 Lindell Boulevard, member of the Delray Racquet Club Association Board of Directors, ex- plained that the tennis complex is located right in the middle of the Delray Racquet Club community and there is some concern on the part of the residents that the use might be intensified. Hr. Oliver asked for some assurance that the property would not be used for any purpose other than a tennis complex and swimming pool that might be a disturbance to the community. There being no one else who, having been duly sworn, wished to address the City Commission, the public hearing was closed. -13- 10/17/00 Mr. Perlman moved to approve Ordinance No. 27-00 on Second and FINAL Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.A.1. CONDITIONAL USE REQUEST/TENNIS CENTER AT DELRAY RAC- QUET CLUB: Consider a request for conditional use approval to allow the use of the common recreational facilities (tennis courts and parking facilities) within the Laver's Delray Racquet Club Addition, located on the east side of Jaeger Drive between Dotterel Road and Egret Circle, to be operated in conjunction with City's swim and tennis facility located to the west. QUASI-JUDICIAL PROCEEDING Hr. Schwartz moved to approve the conditional use request to establish a tennis center at Delray Racquet Club based upon the findings and subject to the conditions recommend- ed by 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; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. In response to the concern expressed that the City should have its own web page, the City Hanager stated that the design of a City web page is in the HIS FY 2001 project work plan. We do not have an anticipated completion date at this point it is unclear whether we will be handling it in-house or contracting it out, but we do plan to do that this year. In response to the request that the Code Enforcement Board agendas be made available through the internet and e-mail, the Community Improvement Department has an in-house Internet committee that has been working and planning for the development of the department's web page. They will be submitting a propos- al for the design of the web page within the next couple of weeks. The goal is to have a web page with some interactive services available by March 2001. The Code Enforcement Board agendas could be e-mailed upon request through the Code Adminis- -14- 10/17/00 trator's office. There is no automatic process in place for doing that at this time. In response to the prior comment about Boynton Beach's plan to take one section of the city at a time and not allowing new development in the area while a master plan is drawn up neighborhood by neighborhood, the City Hanager referred to the presentation at the October 10th workshop on the Strategic Task Team targeting specific neighborhoods. This concept provides for the creation of a comprehensive neighborhood action plan, addressing physical, social and human issues affecting the quality of life for the residents. The completed plans will provide for improvements that will be put in place, estimated time frames and costs as well as identification of outside resources needed. The Commission has indicated support for this initiative and the four neighborhoods targeted for fiscal year 2001 are Delray Shores, Chatelaine, Rainberry Woods, and the combined Atlantic Gardens and Sunshine neighborhoods in the southwest section to create one plan. In response to the comment about the workload on the Police Department for special events, the City Manager stated that Mr. Barcinski, the Chamber of Commerce and the Police Chief are working on the special events issue and hope to be able to come up with some recommendations that will help relieve the workload on the Police Department in the near future. In response to the inquiry about making the City Commission agenda available on the Internet in a more timely fashion, the City Hanager stated that the Commission agenda is available on both the Planning and Zoning Department's website and the Chamber of Commerce website. It is posted on the Inter- net shortly after 8:00 a.m. on Monday mornings. The Clerk's office has requested training so that they would be able to upload the agenda on the Internet when it is finalized on Fri- day. This could be anytime from late afternoon to early eve- ning. We understand it would take about one-half hour to com- plete the process of going from Word to HTML and then on to the Internet. We also understand that posting a draft agenda on the Internet would require a significant amount of staff time to continually update it through the final form. That being the case, we are reluctant to commit to posting the agenda in other than final form. The Clerk's office makes every effort to post the agenda in a timely fashion. Some subscribers do have a draft agenda mailed to them on Friday afternoons while others have the final agenda faxed to them on Honday mornings. It is also put on the Internet on Monday mornings. If anyone re- -15- 10/17/00 quests, the Clerk's office can also e-mail a draft copy of the agenda on Friday afternoons or a final copy on Honday morning. 11 .B. From the Public. ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, asked where in the budget is the financing for the tennis stadium, not the tennis center, located? Hrs. Beer commented that she would like to see the Planning and Zoning Department directed to go over and redefine the Community Facilities zoning district. She felt that the CF district was never meant to encompass all of the things that it now encompasses, nor did she feel that profit-making organiza- tions should be part of the CF district. Hrs. Beer asked that consideration be given to developing a plan for cell towers, including where in the City they should be allowed and how many should be allowed. She expressed concern about the action taken by the Planning and Zoning Board to recommend approval of a waiver to allow a tower in the General Commercial zoning district. She stated that there are more and more companies coming on line that are going to want tower facilities, and she felt it was imperative that the City formulate an overall plan to deal with this issue and find out what kind of limitations the City can impose on these towers. ll.B.2. Henry Williams, 310 N.W. 3rd Avenue, echoed Mrs. Beer's comments concerning cell towers. He urged the Commission to look after the citizens and not the telecommunications providers that want to build the towers. ll.B.3. John Bennett, 137 Seabreeze Avenue, commented that the new Commission's goals as set out in the Strategic Plan 2000- 2005 ought to be put up in the Commission Chambers. Mr. Bennett questioned the "inclusiveness" of City Commission procedures, especially with respect to the three minute rule for public speakers, and asked what purpose is served by saying that people cannot combine their time into a coherent presentation. As an example, at the hearing for Pathways to Recovery, there were citizens who had seriously analyzed the issues and tried to assign them to different individuals to speak on. Hr. Bennett suggested that it would have been more coherent if one person had been allowed to make the presentation as a whole, and asked why the Commission's rules prohibit this from happening? He felt it would serve the Commission's interest as the information -16- 10/17/00 would then be presented in clearer fashion and likewise the citizens can still feel a part of the process if they are al- lowed to give their time to somebody else who will present their views. As a secondary point, Mr. Bennett suggested that the City Commission ask some of their questions before the public speaks so that the public will have the opportunity to respond if appropriate. He felt that both of these recommendations would improve the process and people's perception of it. There being no further public comments, the Commission returned to Item 9.C. on the regular agenda. 9.C. SPECIAL EVENT REQUEST/iST ANNUAL DELRAY BEACH THANKS- GIVING ART FAIR: Consider a request for special event approval to hold the 1st Annual Delray Beach Thanksgiving Art Fair spon- sored by Howard Alan Events on November 25 & 26, 2000, including a temporary use permit for street closure and staff support for traffic control and security. (Commissioner Schwartz left the room at this time.) Robert A. Barcinski, Assistant City Manager, presented an overview of the request. He noted that this is a new event, and that a certain amount of the proceeds will be shared with the Joint Venture. The estimated cost for police overtime is $2,250. Hr. Barcinski stated that he had discussed the proposed event with the Chief of Police and his staff in view of the fact that it is being requested for the same weekend that the Christ- mas Tree lighting is scheduled. The Police Department advised that they are comfortable with the event and that they can cover the required overtime without ordering officers to work the event. Hr. Barcinski recommended approval of the event, contin- gent on the sponsor providing liability insurance and a hold harmless agreement. Ms. McCarthy moved to approve the special event re- quest for the 1st Annual Delray Beach Thanksgiving Art Fair as recommended by staff. The motion was seconded by Hrs. Archer. 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. time.) (Commissioner Schwartz returned to the dais at this 9.m. REQUEST FOR WAIVER (RECONFIGURATION OF NONCONFORMING LOTS IN DEL PARK SUBDIVISION): Consider approval of a waiver to -17- 10/17/00 LDR Section 4.3.1(D) to allow the reconfiguration of existing nonconforming lots to create new nonconforming lots for Lots 1- 3, Block 4, Del Park, located at the southwest corner of N.E. 13th Street and N.E. 3rd Avenue within the Seacrest/Del-Ida neighborhood. Paul Dorling, Acting Director of Planning and Zoning, presented an overview of the request. The property was platted in 1922 as Lots 1-3, Block 4, Del Park, with frontage on N.E. 3rd Avenue. In the mid-1960s, three duplexes were constructed on the property across lot lines with the fronts facing N.E. 13th Street. The proposed subdivision will consist of three lots with the lot lines reoriented to front on N.E. 13th Street. The Community Redevelopment Agency is in the process of purchasing the three duplexes, which will then be resold as three individual structures for conversion to single family homes. Hr. Dorling stated that the recommendation is to approve the request based on a finding that it is necessary and appropriate to reconfigure the existing nonconforming lots to create new nonconforming lots in that the resubdivision is necessary to implement a program specified in the adopted neighborhood plan and that it is appropriate to reconfigure the lots to coincide with the manner in which the existing structures were developed. Hayor Schmidt commented that he would prefer to see a replat of the properties, but in this case he could accept the reconfiguration of the lots. Mrs. Archer moved to approve the waiver to LDR Section 4.3.1(D) to allow the reconfiguration of existing nonconforming lots to create new nonconforming lots for Lots 1-3, Block 4, Del Park, based upon positive findings. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. VERIZON WIRELESS LEASE AGREEMENT: Consider approval of a lease agreement between the City and Verizon Wireless for a lattice tower to be constructed at the Police Department. The City Hanager stated that staff has been working for some time to determine what needed to be done to the Police Department tower to accommodate the new 800 MHz radio system. Engineering studies were done on the existing tower and it does not meet current design criteria for 110 mph winds to support -18- 10/17/00 the antennas that will be put on it. While going through the process of looking at what would have to be done in order to strengthen the tower, the City was contacted by Verizon Wire- less. They have offered to build a new, replacement tower for the City. It will be a lattice tower like the one that is there now, and will be built a short distance (20 feet or so) north of the existing tower. The City Hanager continued that staff did look at the possibility of building our own tower. One of the drawbacks with that was that if the City built the tower and leased space to Verizon, there is no guarantee that they will be there twenty years. Since technology is changing so rapidly, staff felt it would be preferable to get the tower up front. If other companies want to locate on it, the City can make some money from that. In addition, Verizon can build the tower much more quickly than the City could get it built. On question from Commissioner Archer, Captain Ross Licata stated that it is part of the agreement with Verizon that upon completion of building the new tower and doing the cutover to the new radio system, Verizon Wireless will pick up the cost of deconstructing the existing tower and disposing of it. For the cost of building the tower, which is approximately $170,000, they will have free rental space on the tower for twenty years. After that, they will pay a set amount as is outlined in the agreement. The new tower will support the City's equipment and Verizon's equipment and will also be able to support the equip- ment for two additional providers. Ownership of the tower will be conveyed to the City upon completion. On question from Commissioner Schwartz, the City Manager stated that the City owns the current tower. The prob- lem with it is that it will not support the new antennas in 110 mph winds. The existing tower was built to a different code. The construction code has changed since that time. The existing tower is 180 feet high; the new tower will be the same height. Hr. Perlman moved to approve the lease agreement with Verizon Wireless, seconded by Mrs. Archer. 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.F. FULL SERVICE GRANTS WRITING CONTRACT WITH LANGTON ASSOCIATES: Consider authorizing a Full Service Grants Writing Contract with Langton Associates, piggybacking on the Palm Beach Gardens contract. -19- 10/17/00 The City Hanager noted that this is not the actual contract, but rather authorization to proceed with putting one together which would then be brought back to the Commission. With respect to the three other proposals that Palm Beach Gar- dens received, the City Hanager commented that he had looked through them and felt none of them had the range of experience and success that Langton Associates has demonstrated. He recom- mended that the City Commission authorize staff to proceed with obtaining a contract with Langton. Hr. Schwartz moved to authorize staff to proceed with putting together a contract with Langton & Associates for grant writing services. The motion was seconded by Hrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.G. HOUSING REHABILITATION CONTRACT AWARDS/ABISSET CORPORA TION: Consider approval of two housing rehabilitation contract awards through the State Housing Initiatives Partnership (SHIP) program in the total amount of $44,950.50 to Abisset Corporation as the lowest responsive, responsible bidder ($20,685 for 111 S.W. 8th Avenue/second iow bid, and $24,265.50 for 11 S.W. 4th Street/iow bid), with funding from 118-1924-554-49.19 (SHIP Program). Lula Butler, Director of Community Improvement, noted that this item is on the regular agenda because the recommenda- tion is to award one of the contrcts to other than the low bidder. For the property at 111 S.W. 8th Avenue, the apparent low bid was submitted by William Hatcher Construction. That bid was rejected because the contractor failed to provide the re- quired bid bond check. Hence, the recommendation to award to Abisset Corporation (second low bidder) as the lowest respon- sive, responsible bidder. Hrs. Archer moved to approve award of the housing rehabilitation contracts to Abisset Corporation as the lowest responsive, responsible bidder. The motion was seconded by Hs. 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. 9.H. RESOLUTION NO. 82-00: Consider approval of a resolu- tion authorizing the City to acquire certain property known as the Odabashian parcel located on the east side of U.S. Highway -20- 10/17/00 #1, just south of Knowles Park between the Delray Harbor Club and Harbourside, and accepting the contract for sale and pur- chase. The City Manager presented Resolution No. 82-00: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, DESCRIBED AS THAT PART OF LOTS 10 AND 11, BLOCK 1, MODEL LAND COMPANY'S SUBDIVISION IN SECTION 21, TOWNSHIP 46 SOUTH, PJkNGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ~1, SOUTH OF KNOWLES PARK, AS MORE PARTICULARLY DESCRIBED HEREIN; AND INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND EDUARDO AND JAMES ODABASHIAN. (The official copy of Resolution No. 82-00 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, briefly reviewed the essential terms of the purchase as outlined in his memoran- dum to the Commission. Hayor Schmidt commented that he and the City Hanager were at County Commissioner McCarty's quarterly meeting last week and the topic of the County's participation in the purchase of this property came up. Commissioner HcCarty was confident that the City would receive the grant for $70,000 from the County. That, coupled with the $70,000 F.I.N.D. grant, allows the City to acquire this property at virtually no cost. Mrs. Archer moved to approve Resolution No. 82-00, seconded by Hr. Perlman. 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. 9.I. RESOLUTION NO. 76-00: Consider approval of a resolu- tion authorizing the City to acquire Lots 10 and 11, Block 30, Town of Delray, located on the west side of S.W. 4th Avenue between S.W. 1st and 2nd Streets, and accepting the contract for sale and purchase. The lots are currently being used and will -21- 10/17/00 continue to be used by the City for stormwater retention. The City Manager presented Resolution No. 76-00: A RESOLUTION OF THE CITY COMMISSION 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 10 & 11, BLOCK 30, 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 THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY. (The official copy of Resolution No. 76-00 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 76-00, seconded by Hr. Schwartz. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.j. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint a citizen-at-large representative to the Parking Hanage- ment Advisory Board for a term ending January 31, 2001. The appointment will be made by Commissioner HcCarthy. Commissioner McCarthy moved to appoint Randy Straghn to the Parking Management Advisory Board as a citizen-at-large representative for a term ending January 31, 2001. The motion was seconded by Mrs. Archer. 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.K. SETTLEMENT/MURPHY V. CITY OF DELRAY BEACH: Consider a settlement offer in the referenced matter. Mrs. Archer moved to approve settlement of Murphy v. City of Delray Beach in the amount of $15,000.00 which includes all attorney's fees and costs. The motion was seconded by Hs. 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 -22- 10/17/00 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 28-00: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", of the City Code to provide for various changes of a procedural nature which were brought about by revisions made to Chapter 162 of the Florida Statutes this year. If passed, a public hearing will be scheduled for November 7, 2000. The City Manager presented Ordinance No. 28-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 37.03, "DEFINITIONS", TO PROVIDE FOR CLARIFICATION OF A REPEAT VIOLATION; BY AMENDING SECTION 37.36, "INITIATION OF ENFORCEMENT PROCEDURES", TO PROVIDE PROCEDURES FOR ADDRESSING CHANGES IN PROPERTY OWNERSHIP; BY REPEALING SECTION 37.42, "FINES FOR NONCOMPLIANCE WITH ORDERS", IN ITS ENTIRETY AND ENACTING SECTION 37.42, "ADMINISTRATIVE FINES; COSTS OF REPAIR; LIENS", TO PROVIDE UPDATED LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY ENACTING SECTION 37.46, "NOTICES" TO PROVIDE A PROCEDURE FOR SERVING NOTICE UPON VIOLATORS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 28-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Perlman moved to approve Ordinance No. 28-00 on FIRST Reading, 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. 12 .B. ORDINANCE NO. 29-00: An ordinance amending Chapter -23- 10/17/00 90, "Abandoned Property", of the City Code to provide for updat- ed definitions, revisions to certain notice requirements and to provide for language as prescribed by Chapter 705 of the Florida Statutes. If passed, a public hearing will be scheduled for November 7, 2000. The City Manager presented Ordinance No. 29-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 90, "ABANDONED PROPERTY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 90.01, "DEFINI- TIONS'', TO PROVIDE FOR ADDITIONAL DEFINI- TIONS; BY AMENDING SECTION 90.02, "STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PUBLIC PROPERTY", TO PROVIDE LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY AMENDING SECTION 90.03, "STORING, PARKING OR LEAVING ABANDONED PROPERTY ON PRIVATE PROPERTY", TO PROVIDE LANGUAGE AS PRESCRIBED BY STATE STATUTE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schwartz moved to approve Ordinance No. 29-00 on FIRST Reading, seconded by Mr. Perlman. Hayor Schmidt commented on those instances where someone leaves a junked car on another person's property, it is cited and towed and then the property owner gets notified of the fine for having a junked car on the property, but it is not their car and they can prove it is not their car. He asked if there was any type of waiver provision for these types of situa- tions where the property owner does not own the car that was towed? In response, Lula Butler, Director of Community Improve- ment, stated that there is no provision or procedure for waiving the fee. There are times when it can be documented that the City will cover the cost, but this is done administratively. There is no formal procedure. Upon roll call the Commission voted as follows: Hrs. -24- 10/17/00 Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The City Manager had no additional comments. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Archer suggested that Janet Meeks, Senior Planner and Education Board liaison, be asked to attend the meeting with the School District Superintendent scheduled for Thursday, October 19, 2000. The City Manager stated that Ms. Meeks is planning to attend the meeting. Commissioner Archer commented that she had the opportunity to attend the Workforce 2020 program sponsored by the Chamber of Commerce and found it to be most enlightening. Host interesting was that they were outlining the situations that employers were going to be faced with in hiring and maintaining their employees for the next coming decade, and they anticipated that for the next twenty to thirty years we are going to be facing some substantial problems based upon the changing business atmosphere and increased costs associated with keeping current employees and hiring replacements. The interesting thing was that it costs anywhere from $3,000 to $25,000 to replace an entry level employee, so on the job training can be very beneficial. The other interesting point was that only 15% of Palm Beach County employers utilize work force development services. 13.C.2. Commissioner Perlman commented that in his role as a Tourist Development Council member, he and representatives from the Roots Festival were going to be meeting with the Cultural Council to see if something can be done about the Roots Execu- tive Director position. Hopefully they will be able to provide some sort of technical expertise that would help the Roots Festival get additional grant money from the County. He commented that the Cultural Council views the Roots Festival as having tremendous potential and wants to nurture that as part of -25- 10/17/00 their role. With respect to the Tennis Center naming rights, Mr. Perlman asked about the status of the RFP that was supposed to be ready in case Flight Hedia was not successful in securing a sponsor. He commented that he has been working on the selling of the naming rights for the convention center and has learned alot in the last six months about this works. They went out and did an RFP and got some pretty interesting responses from all over the country. Mr. Perlman suggested that the City may want to look at piggybacking as was done with the grant writing. He would be happy to share this information. Hr. Perlman commented that he had a chance to read through the material on strategic task teams that Will McCollum passed out last week. He found it to be extremely interesting and noted that it is really the cutting edge of what is being done all over the country with this kind of thing. Hr. Perlman stated that he was very impressed with all of the work that went into developing the concept. Finally, Mr. Perlman stated that he was very happy that the Commission was not going to be meeting for the next couple of weeks since it looks like there is going to be a Subway Series, with the New York Yankees playing the New York Mets in the World Series. 13.C.3. Mayor Schmidt asked that the appropriate notice be posted with respect to the upcoming meeting with the School Superintendent on Thursday, October 19th. He suggested that everyone who is planning to attend the meeting meet at City Hall at 2:15 p.m. for carpooling. Hayor Schmidt reported on the meeting he had attended last night about the Boca Raton Airport. Both he and the Mayor from Highland Beach spoke, among other people. He found it interesting that there were two proposals that seemed to have the most support and they were at opposite ends of the spectrum. Unfortunately, both of them included the flight plan for takeoffs that the City has objected to (proposals 8 and 2). Hayor Schmidt noted, however, that they apparently are going to reconsider the issue and include the cities that will be impact- ed by it in the discussions. Hopefully something will be re- solved that will have the least amount of impact on Delray Beach residents. Hayor Schmidt commented that he was very pleased to -26- 10/17/00 see the memorandum on the bond rating change from A to A+, and commended staff on that. Hayor Schmidt commented on the need to update the goals that are on display in the Commission Chambers. Mayor noted the passing of Mr. Leroy Croft, who was Mayor of the City in 1958. Mr. Croft was a long time resident and a real gentleman. Upon discussion, it was the consensus of the Commission to direct staff to prepare a resolution in honor of Mr. Croft. 13.C.4. Commissioner McCarthy commented that she was up at the County's Planning & Zoning office in West Palm Beach and had the opportunity to speak to the lady who specializes in brownfields. She was given a website address and indicated that she would pass this information on to Commissioner Perlman and the City Manager. Commissioner Perlman commented that it was his under- standing that the County's Brownfield Coordinator was going to be working on setting up a joint workshop with the CRA and the City Commission. 13.C.5. Commissioner Schwartz commented on the petitions and numerous telephone calls he has received from residents of Kokomo Key inquiring about the status of the proposed cell tower at the Swap Shop/Drive-In. The City Hanager stated that this item will be coming to the City Commission probably at the November 7th regular meeting. Commissioner Schwartz expressed his concern about these towers going up in the City and urged the Commission to take steps to restrict them. He felt strongly that direction should be given to draft an amendment to the code to limit their height and also to keep them away from residential areas and so forth. The City Hanager commented that in this particular case, the City Commission pretty much has total discretion. The request is for a waiver to allow a tower in the commercial district. The Commission is under no obligation to grant a waiver. There being no further business, the meeting was -27- 10/17/00 adjourned by Hayor Schmidt at 9:00 p.m. 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 October 17, 2000, which minutes were formally approved and adopted by the City Commis- sion on NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -28- 10/17/00 Commissioner Perlman commented that it was his under- standing that the County's Brownfield Coordinator was going to be working on setting up a joint workshop with the CRA and the City Commission. 13.C.5. Commissioner Schwartz commented on the petitions and numerous telephone calls he has received from residents of Kokomo Key inquiring about the status of the proposed cell tower at the Swap Shop/Drive-In. The City Manager stated that this item will be coming to the City Commission probably at the November 7th regular meeting. Commissioner Schwartz expressed his concern about these towers going up in the City and urged the Commission to take steps to restrict them. He felt strongly that direction should be given to draft an amendment to the code to limit their height and also to keep them away from residential areas and so forth. The City Manager commented that in this particular case, the City Commission pretty much has total discretion. The request is for a waiver to allow a tower in the commercial district. The Commission is under no obligation to grant a waiver. There being no further business, the meet lng was adjourned by Mayor Schmidt at 9:00 p.m. City Ci~k ' 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 October 17, 2000, which minutes w,e~e formally.~.approved and adopted by the City Commis- sion on 710.d~6~77~9 I; Booo NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -24- 10/17/00