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11-21-00NOVEMBER 21, 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, November 21, 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 Nell Hickem, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. o Agenda Approval. The City Manager stated that Item 9.B., Congress Commerce Centre Developer's Agreement, should be removed from the agenda as the agreement is still being worked on. Hayor Schmidt noted that a revised contract has been received with respect to Item 8.D., Amendment to Flight Media Contract (Tennis Center Naming Rights). The City Manager stated that the second paragraph of Section 3 had been revised in response to a question raised by the Mayor to clarify that the 10% was to be paid if after the conclusion of the contract with FMI the City were to secure a sponsorship with either Southwest- ern Bell Communications, Inc. or subsidiary thereof or Sun America Companies. Hr. Perlman 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. 6. 6.A. Approval of Minutes: None Proclamations: Commending the Haitian Citizens Police Academy and the Haitian Roving Patrol - Presentation of Local Heroes Changing America by Indivisible. Hayor Schmidt read and presented a proclamation com- mending the Haitian Citizens Police Academy and the Haitian Roving Patrol for their outstanding work in uniting the Haitian community with the Police and making Delray Beach a better place to live. Several representatives of the Haitian community expressed their appreciation to the Police Department for work- ing with and embracing their community, and to the City Commis- sion for taking the time to recognize them. 6.S. World AIDS Day - December 1, 2000. Hayor Schmidt presented a proclamation in recognition of December 1, 2000 as World AIDS Day. Presentations: None CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 96-00: Approve a resolution vacating and abandoning those certain easements retained by the City through Resolution No. 28-99, associated with the new Publix grocery store site on Federal Highway. The caption of Resolution No. 96-00 is as follows: A RESOLUTION OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THOSE CERTAIN EASEMENTS RETAINED BY THE CITY THROUGH RESOLUTION NO. 28-99, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 96-00 is on file in the City Clerk's office.) 8.B. CRA QUIET TITLE ACTION/37 N.W. 10TH AVENUE: Accept the Community Redevelopment Agency's offer to settle City liens -2- 11/21/00 that exist on CRA-acquired property at 37 N.W. 10th Avenue, and authorize the release of all liens against the subject property after payment is received. 8.C. ACCEPTANCE OF BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT 2000: Accept the Bureau of Justice Assistance FY 2000 Local Law Enforcement Block Grant in the amount of $189,985.00. 8.D. AMENDMENT TO FLIGHT MEDIA CONTRACT (TENNIS CENTER NAMING RIGHTS): Approve Amendment No. 1 to the Agreement for Procurement of Naming Rights of the Delray Beach Tennis Center between the City and Flight Media, Inc. (as amended) 8.E. AMENDMENT NO. 4 TO MATCHPOINT AGREEMENT: Approve Amendment No. 4 to the Agreement between the City and Match- Point, Inc. extending the forbearance of MatchPoint to sell naming rights until March 31, 2001. 8.F. HOLD HARMLESS AGREEMENT/GAS ONE, INC. (GAS DEPOT): Approve a hold harmless agreement between the City and Gas One, Inc., the developer of the Gas Depot project located at the northwest corner of Atlantic Avenue and Barwick Road, wherein the City agrees to act as the utility permit applicant for the purpose of constructing utilities within FDOT right-of-way and the developer agrees to hold the City harmless for the work performed under the permit. 8.G. OCEAN HAMMOCK COACH HOMES DEVELOPER'S AGREEMENT: Approve an agreement between the City and Ironwood Properties, Inc. (Developer) for joint participation in infrastructure improvements to be constructed along Pelican Lane and George Bush Boulevard, associated with the Ocean Hammock Coach Homes development. 8.H. SERVICE AUTHORIZATION #2/CH2M HILL (ALTERNATIVE WATER TREATMENT TECHNOLOGY STUDY): Approve Service Authorizatiion ~2 in the amount of $45,900.00 with CH2M Hill for professional engineering services related to an alternative water treatment technology study to determine the most viable treatment alterna- tive that will be implemented to meet EPA requirements. Funding is available from 441-5122-536-31.30 (Water & Sewer - Engineer- ing/Architectural). 8.I. CONTRACT ADDITION (C.O. #1)/FLORIDA BLACKTOP, INC. (EAST ATLANTIC AVENUE LANDSCAPE LIGHTING): Approve a contract addition (C.O. #1) in the amount of $31,655.95 with Florida Blacktop, Inc. under the Pineapple Grove Way Improvements con- -3- 11/21/00 tract for the construction and installation of electrical power circuits to accommodate the landscaping lighting along East Atlantic Avenue between the bridge and Venetian Drive, with funding from 334-6111-519-63.90 (R&R Buildings & Equipment - Other Improvements). 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period from November 6th through November 17, 2000. 8.K. AWARD OF BIDS AND CONTRACTS: Contract award in the amount of $17,907.75 to William Hatcher Construction for the rehabilita- tion of a single family housing unit at 237 S.W. llth Avenue, with funding from 118-1924-554-49.19 (SHIP Housing Rehabilitation). Mr. Schwartz moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commis- sion 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. REGULAR AGENDA: 9.A. POLICE COMPENSATION PACKAGE: proposed Police compensation package. Consider approval of the The City Hanager stated that the proposal is the same as what was discussed at the November 14th work session. He distributed a draft Hemorandum of Understanding between the City and the Police Benevolent Association as the bargaining agent for Police officers. The PBA has notified the City that they have approved the Memorandum of Understanding. The City Manager asked that the Commission approve the increase in compensation for Police officers as he felt it would go a long way in helping the City to retain the officers we have and to recruit others. Hr. Schwartz moved to approve the Police compensation package, including the draft Hemorandum of Understanding with the understanding that if there are minor changes that have to be made to the Hemorandum of Understanding, the City Hanager would be authorized to sign off on those changes, if any. The motion was seconded by Hrs. Archer. -4- 11/21/00 Prior to roll call, Hr. Schwartz commented that while he felt this compensation package was a step in the right direc- tion, more needs to be done in order to maintain the calibre of the Police Department and to keep our department competitive with other agencies. Mr. Perlman commented that he, too, felt this action was not the total solution to the problem. He felt the City would need to remain vigilant and monitor the situation with the Police Chief to stay abreast of any problems that may develop. Upon roll call the Commission voted as follows: Hr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONGRESS COMMERCE CENTRE DEVELOPER'S AGREEMENT: (THIS ITEM WAS REMOVED FROM THE AGENDA.) At this point the Commission moved to Item 12., First Readings, on the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 31-00: An ordinance annexing to the City a parcel of land located at the southwest corner of Linton Boulevard and Military Trail (commonly known as Palm Court Plaza), and establishing initial zoning of PC (Planned Commer- cial) District for the property. If passed, a quasi-judicial (as to zoning) public hearing will be scheduled for December 5, 2000. The City Manager presented Ordinance No. 31-00: 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 AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND MILITARY TRAIL (COMMONLY KNOWN AS PALM COURT PLAZA), AS THE SAME IS 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; PROVIDING FOR THE ZONING THEREOF TO PC (PLANNED COMMER- CIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE -5- 11/21/00 DATE. (The official copy of Ordinance No. 31-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Hanager noted that this is the first step of a several year process that will ultimately result in annexation of all of the Delray Beach Hospital property. Mrs. Archer moved to approve Ordinance No. 31-00 on FIRST Reading, 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. 12.B. ORDINANCE NO. 32-00: An ordinance rezoning a portion of Block 36, Town of Delray, from R-1-A (Single Family Residen- tial) and CF (Community Facilities) District to GC (General Commercial) District. The subject property is located on the north side of West Atlantic Avenue between N.W. 3rd and 4th Avenues. If passed, a quasi-judicial public hearing will be scheduled for December 5, 2000. The City Manager presented Ordinance No. 32-00: AN ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, REZONiNG AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT IN THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PORTION OF BLOCK 36, TOWN OF DELRAY, LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE BETWEEN N.W. 3RD AVENUE AND N.W. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -6- 11/21/00 Commissioner Archer asked why the property was being rezoned to General Commercial when she thought the intent was to use it for residential purposes? In response, Jeff Costello, Principal Planner, stated that the subject property is located within the West Atlantic Avenue redevelopment area. The GC zoning designation, within this overlay district, allows for residential densities of up to 30 units per acre subject to conditional use approval. As part of the RFP that was issued by the CRA for this property, the residential density is greater than the normal 12 units per acre. Hence, the regular zoning of RM (Hultiple Family Residential) would not be appropriate for this site. Mrs. Archer moved to approve Ordinance No. 32-00 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 33-00: An ordinance rezoning certain property commonly known as Steve Moore Chevrolet and adjacent properties from AC (Automotive Commercial) and GC (General Commercial) to CBD (Central Business District). The subject property is located on the east and west sides of S.E. 5th Avenue and S.E. 6th Avenue between S.E. 3rd and 4th Streets. If passed, a quasi-judicial public hearing will be scheduled for December 5, 2000. The City Manager presented Ordinance No. 33-00: AN ORDINANCE OF THE CITY COMMiSSiON OF THE CITY OF DELRAY BEACH, FLORIDA, REZONiNG AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT, IN PART, AND GC (GENERAL COMMERCIAL) DISTRICT, IN PART, IN THE CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING LOCATED ON THE EAST AND WEST SIDES OF S.E. 5TH AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND S.E. 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) BETWEEN S.E. 3RD STREET AND S.E. 4TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING HAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-00 is on file -7- 11/21/00 in the City Clerk's office.) The City Attorney read the caption of the ordinance. On question from Mrs. Archer, Mr. Costello stated that the developer had discussed plans for a "mixed use" development which could include retail and/or office development. A formal application has not yet been submitted for review. A residen- tial component had also been discussed, but that is yet to be determined pending the outcome of environmental studies on the site in view of the prior automotive use. Mr. Schwartz moved to approve Ordinance No. 33-00 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. agenda. At this point, the Commission moved to Item 11 on the 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11 .A. City Manager's response to prior public comments and inquiries. In response to the concern expressed about the site plan approval process and townhouse projects with reference to buildings being constructed against the sidewalk, the City Manager noted that staff assumed the reference was to the Town Square development on the Republic Bank property. While the Land Development Regulations allow a zero building setback on the property, the developer set back the buildings ten to twelve feet. The stairs and entrance walkways are located between the buildings in the public sidewalk, with landscaping installed between the stairs. The project is currently under construction and the associated landscaping has yet to be installed. The project was initially processed through the Planning and Zoning Board and the City Commission since it involved a conditional use approval to increase the height of the Republic Security Bank office to 54 feet. The Site Plan Review and Appearance Board approved the site plan, and the general layout of the site plan did not change between review by the Planning and Zoning Board and it's approval by SPRAB. There was a comment at the Planning and Zoning Board that P.R.O.D. supported the project. The building permit was issued in accordance with the approved -8- 11/21/00 site plan. It is noted that projects can be appealed to the City Commission if residents feel the Site Plan Review and Appearance Board did not address their concerns. While SPRAB meetings do not require advertised public hearings, the board encourages public input and does not deny members of the public an opportunity to comment. The City Hanager continued that this issue was previ- ously raised in 1997. At that time, Diane Dominguez (then Planning and Zoning Director) wrote a memo about it which stat- ed, "Hy understanding is that a great deal of thought and hard work went into the creation of our current review process in 1990. The system has largely de-politicized in that the Plan- ning and Zoning Board and the City Commission deal with the broader use of policy issues and the Site Plan Review and Appearance Board handles the technical details and aesthetic concerns. The end result is a process that provides ample opportunity for public opinion, but also gives property owners a basic degree of certainty as to the prospective use of their property. The issues before each board are clearly defined and as a consequence meetings are businesslike and professionally run. We have avoided the problems experienced by neighboring cities (i.e. Boynton Beach and Highland Beach) where use and site plan issues were incorrectly melded, resulting in multi- million dollar judgments against those cities. In contrast, Delray Beach has enjoyed statewide and national recognition for it's professionally run government. In my opinion, changing the review process as suggested would be a major step backwards." The City Manager noted that this remains the Planning and Zoning Department's position on this issue. 11 .B. From the Public. ll.B.1. Alice Finst, 707 Place Tavant, expressed concern about the trees on Lake Ida Road that will be in the way of the road widening project. She stated that she had spoken with the City Engineer and the City Horticulturist and found that there are no plans to remove the trees. Mrs. Finst felt that since these trees were paid for by City bond issue money and planted with City funds in City right-of-way, there should be some sort of plan to use them in other locations rather than simply allow them to be plowed under. Hrs. Finst then commented on all of the trees at the 1-95 interchanges that have been taken out and demolished. Hany of the palms were of substantial size and she was extremely dismayed at them being destroyed. She asked if the City was -9- 11/21/00 taking any stand on what is happening in this regard? Hrs. Finst asked why the City does not have any kind of tree protection ordinance? She commented on a practice she has noticed in residential areas where residents prune their trees by cutting off their tops as high up as they can manage, and then just leave the stump. She felt that this practice greatly distracts from the ambiance of neighborhoods and she would like to know why the City does not have an ordinance as far as tree pruning is concerned. Mrs. Finst stated that the School Board had sent out invitation notices to people in the Bass Creek area telling them that they could appear and say why they do not want their chil- dren going to Boca schools. She felt that the Boundary Commit- tee was again ignoring what the City of Delray Beach has requested. Hrs. Finst concluded by stating that Thanksgiving baskets are being put together this evening at Pompey Park and suggested that the Hayor and Commission members might go and help out after the meeting. ll.B.2. Jean Beer, 2145 S.W. 26th Terrace, speaking on behalf of Progressive Residents of Delray (P.R.0.D.), stated that with Pat Cayce's departure as Historic Preservation Planner, P.R.0.D. requests that instead of just using somebody who is already in the Planning Department, that the City find somebody for that job who has as extensive a background and is as knowledgable in historic planning as Mrs. Cayce. Speaking on her own behalf, Hrs. Beer asked where in the budget can she find the figures for the Citrix tennis tournament and tennis stadium expenses? She stated that she has not been able to get this information from the Finance Department and asked why the numbers are not available to the public? ll.B.3. Henry Williams, 310 N.W. 3rd Avenue, asked if the City was having to put any money into the work that is going on at the 1-95 interchanges where the trees are being torn out? He felt it was a shame that the landscaping had matured and now was being pulled out and destroyed. Hayor Schmidt commented that the City had discussions with the Florida Department of Transportation when they first came up with the plans for redoing the interchange ramps. It -10- 11/21/00 was his understanding that new landscaping will be installed once the ramps are reconfigured and that FDOT will be responsi- ble for replacing what they are tearing out. ll.B.4. John Bennett, 137 Seabreeze Avenue, commended Commis- sioners Archer, McCarthy and Perlman for their participation in the Veterans Day ceremonies. Mr. Bennett commented that several weeks ago the Chamber of Commerce hosted a familiarization tour for hotel professionals from as far south as Fort Lauderdale up to Palm Beach. Only about eight of the thirty-odd attending had actual- ly been to Delray Beach before and they were provided with a lot of valuable information. Hr. Bennett felt that this effort would result in a lot more people from those hotels coming to town. Mr. Bennett then commented that last May the City Commission was kind enough to allocate some funds to assist the Atlantic High School Band in going to Hawaii for the Aloha Festival Parade. On Thursday, November 23rd, CBS will be broad- casting the Macy's Thanksgiving Day Parade and, on a tape-de- layed basis, the Aloha Festival Parade. He was not quite sure if the network was going to intersperse the two or do Hacy's all the way and then jump to Hawaii, but millions will watch and he felt that this was a pretty good return on the City's investment. Mr. Bennett wished everyone a Happy Thanksgiving! 13. Comments and Inquiries on Non-Agenda Items. 13 .A. City Manager. The City Hanager had no additional comments or inqui- ries. 13 .B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Archer stated that she had the opportuni- ty to attend the opening of the "Indivisible" exhibit at 01d School Square. It was extremely gratifying to see members of the Haitian Patrol there and how very proud they were of being -11- 11/21/00 included in the exhibit. She was very glad that the City had honored them tonight with a proclamation. Mrs. Archer publicly thanked Pat Cayce for all of her hard work and the valuable input she has provided over the years to the Historic Preservation Board. Mrs. Cayce will be a very difficult person to replace. Hrs. Archer stated that she had received some comments with regard to the Adult Recreation Center at Veterans Park and the impression that over the last three or four months the facility has gotten kind of shabby. An example given was that the floor did not seem to be cleaned on a regular basis, and that perhaps this might be due to a change in janitorial person- nel. Hrs. Archer asked that someone look into this situation. Hrs. Archer had also received a comment that there had been some palms removed along A1A and that the stumps were not removed and it was rather unsightly. Also, that there might be some sort of problem at the pavilion at Atlantic and A1A where the landscaping looks rather downtrodden and trampled. 13.C.2. Commissioner Perlman stated that he had the opportuni- ty to attend a luncheon last Friday that Bethesda Hospital gave honoring "Six Women of Grace" for their volunteerism in the community. He noted that four of the six honorees were Delray Beach residents, including the City's own Lula Butler and also Gall Brown with the Historical Society. Mr. Perlman commented that it was a very beautiful, moving event and the City has a lot to be proud of with these outstanding women. Hr. Perlman also commented that he had the opportunity to go to CityPlace and take a tour with the project's developer who gave a running commentary on his views of the new urbanism and mixed use projects. It was very educational and interesting to see what they have planned there and how and what they see the City of the future to be. The developer is based in New York, but will be coming back to South Florida and wants to take a tour of Delray Beach to see what is going on here. Overall, it was very enlightening. Mr. Perlman felt that CityPlace is going to be some competition, but they want to learn from us and we can probably learn a little bit from them as well. 13.C.3. Commissioner McCarthy also commented that Pay Cayce will be seriously missed by the City. She has worked with Mrs. Cayce on some projects over the years and she is truly a historian for the entire city of Delray Beach. -12- 11/21/00 Hs. HcCarthy commented that she, too, had received some comments about Veterans Park and the need for improved maintenance of the grounds. She wondered if there had been some kind of change in the maintenance schedule, but the park does not look as pristine, especially around the fountain area, the gazebo and where the walkways are. Commissioner HcCarthy commented that she was very encouraged about the second meeting with Dr. Harlin of the School Board. After a lot of hard work and diligence from City staff, Janet Meeks and Lula Butler in particular, and with input from citizens who live in Delray Beach and whose children go to school in the city, she felt that Dr. Marlin took a very pos- itive approach to the City's proposal. Ms. McCarthy understood that the newest member of the School Board, Dr. Robinson, had contacted the City about holding a town meeting so that the citizens would have another opportunity to look at the proposal and provide their input. Commissioner HcCarthy felt that the City might have a good opportunity to have our proposals move forward. Hayor Schmidt commented that Dr. Robinson had asked to schedule the meeting for either November 29th or 30th after 6:00 p.m. In looking at schedules, it was felt that the 29th would be better so as not to conflict with the joint CRA/WARC meeting. Either the Village Academy or Old School Square were being looked at as possible sites, with 7:00 p.m. as the preferred time. 13.C.4. Commissioner Schwartz stated that he continues to feel that something needs to be done about the Boca Raton Airport situation. The problem has become significantly worse, especially since the flight patterns have been changed so that the air traffic is much more over the City of Delray Beach, and particularly residential sections of the city. Commissioner Schwartz felt that since the control tower has become operational, the air traffic has increased tremendously. He is getting lots of telephone calls telling him that the City needs to do something about it because the noise is so bad it is interfering with the quality of life. He felt that the problem should primarily be Boca Raton's concern, and that Delray Beach should complain long and loudly in order to be heard. Commissioner Schwartz felt that the problem needs to be addressed quickly and suggested it be done through negotiation with the City of Boca Raton. If that does not work, then the case should be taken to the FAA. -13- 11/21/00 Commissioner Schwartz commented that several months ago the Commission considered some recommendations about extend- ing the hours at the parking facilities on the beach side that were made by the Parking Management Advisory Board. One of the proposals was that instead of an 8:00 p.m. closing time, there should be a 9:00 p.m. closing at Sandoway Park and a 10:00 p.m. closing at the Harriott lot. Commissioner Schwartz felt that the Commission needed to take action on these proposals, espe- cially with the winter season upon us. He felt this would make it easier for residents as well as for tourists visiting Delray in terms of accessible parking. Commissioner Schwartz then commented on the proposal for an ice skating rink on the property at the southeast corner of Congress Avenue and Lake Ida Road. He felt that the City should do everything possible to bring the ice skating facility into the City as it would be a wonderful recreational asset that would be privately owned and operated. 13.C.5. Mayor Schmidt, following up on Commissioner Schwartz's remarks about the Boca Raton Airport, commented that he had been given information that the flight patterns were not as represented by Mr. Schwartz and, in addition, a final decision had not yet been made. After the last meeting attended by Mayor Schmidt, there was no agreement on any proposal and the only agreement was that they wanted to get the control tower up and running so that they had enforcement procedures and it would give them more flight data to look at. Mayor Schmidt commented that another workshop is planned for sometime in December, but it would probably be after the first of the year before any kind of decision is made. Hayor Schmidt commented that he had cut the ribbon this past Sunday at the Indian Festival at Morikami Park. For good luck they do henna painting on hands, and he was talked into having a design done on his hand. Hayor Schmidt stated that he attended the Thanksgiving prayer service at Veterans Park last week that was sponsored by the Delray Clergy Association and the Police Chaplains. It was a very nice event and he hoped that in the future more people would attend. On the issue of school boundaries, Hayor Schmidt stated that he and Lula Butler thought it would be a good idea, in anticipation of the School Board's meeting with the Boundary -14- 11/21/00 Committee, to put together a letter explaining the City's proposals and copies of the powerpoint presentation. This will be sent to all of the School Board members so that they will have it before their meeting. Hayor Schmidt reminded everyone that there will be a Legislative Delegation Roundtable on Wednesday, November 29th, starting at 10:30 a.m. at the Lantana Recreational Center. It is being sponsored by the Palm Beach County League of Cities and will afford an opportunity to sit down with our legislative representativesnext Wednesday, starting at 10:30 a.m. at the Lantana Recreational Center, and this will be an opportunity for us to sit down with the legislative representatives and discuss the issues. The President of the League has asked that each city send at least three persons to the meeting. Hayor Schmidt stated that he is going to attend as is the City Hanager. If anyone else would like to go, he suggested they let Delores know so that she can make the arrangements. At this point, the time being 7:05 p.m., the Commis- sion moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 30-00: An ordinance amending the Silver Terrace Special Activities District Ordinance to allow addition- al uses along Dixie Highway. 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. 30-00: AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-96 WHICH ESTABLISHED THE SPECIAL ACTIVITIES (SAD) ZONING DISTRICT FOR CERTAIN LAND LOCATED IN THE SILVER TERRACE SUBDIVISION, BY AMENDING SECTION 2 OF SAID ORDINANCE 39-96 TO ALLOW ADDITIONAL USES ALONG DIXIE HIGHWAY, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE RENUMBERING OF THE REMAINDER OF SAID SECTION 2; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -15- 11/21/00 (The official copy of Ordinance No. 30-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Jeff Costello, Principal Planner, entered the project file into the record. He stated that the proposal affects six lots in the Silver Terrace subdivision located on the east side of Dixie Highway approximately 40 feet south of S.E. 10th Street. The change will allow the principal uses of the RO (Residential Office) District, excluding duplexes, as permitted uses on the subject property. The Planning and Zoning Board reviewed the proposed amendments at a public hearing on October 16, 2000, and voted to recommend approval. A public hearing was held having been legally adver- tised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Hayor Schmidt declared the public hearing open. There being no one from the audience who wished to address the Commis- sion, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 30-00 on Second and FINAL 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, Hayor Schmidt reopened the floor for public comment from anyone who might not have had the opportuni- ty to speak earlier in the meeting on any non-agendaed item. Speaking from the audience was the following: Kevin Warner, 248 Venetian Drive, stated that to the best of his knowledge there has been no new information, analy- sis or study that has come in to support the argument that there is a substantial parking shortage in town. He felt it was misguided to suggest, as Commissioner Schwartz had done, that it would be to the benefit of the residents to have the beach parking lots remain open later, especially since he knew of no residents in any sort of a group beyond single individuals who have complained about parking problems. Mr. Warner continued that he was very disappointed to learn that in the effort to improve signage throughout the City for various purposes, there is not going to be a sign of any sort that would point out to motorists the 235 space public parking underneath the Marriott -16- 11/21/00 Hotel. While he was not clear as to the reason behind this, he found it puzzling that the City was apparently not going to actively pursue informing motorists in town about the availability of this parking. Hr. Warner encouraged the City Commission to pursue hard facts and information based on studies and analyses, as opposed to emotional comments coming from a variety of sources, before taking further steps to do more than has already been done to make parking available. He also urged strongly that signage be provided to tell motorists that there is public parking available at the Harriott. To not do so he felt would be delinquent. There being no further public comments and no further business, Hayor Schmidt wished everyone a very happy and safe Thanksgiving and declared the meeting adjourned at 7:15 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 City Commission regular meeting held on November 21, 2000, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not com- 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. -17- 11/21/00 to pursue hard facts and information based on studies and analy- ses, as opposed to emotional comments coming from a variety of sources, before taking further steps to do more than has already been done to make parking available. He also urged strongly that signage be provided to tell motorists that there is public parking available at the Marriott. To not do so he felt would be delinquent. There being no further public comments and no further business, Mayor Schmidt wished everyone a very happy and safe Thanksgiving and declared the meeting adjourned at 7:15 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 regular meeting held on November 21, 2000, which minutes w~re formDlly approved and adopted by the City Commission on .~~~,~ _~.__~_ / ...... 'City 2Ie~k ' 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. -15- 1 /2 /oo