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01-16-01JANUARY 1C 2001 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, January 16, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz (arrived 6:05 p.m.) 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 Matthew "Bump" Mitchell, Christ Missionary Baptist Church. The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Schmidt noted the addition of Item 9.I., Request for Funding/EPOCH's Spady Museum Project, to the regular agenda by addendum. Mr. 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; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. (Commissioner Schwartz arrived at the meeting, the time being 6:05 p.m.) APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 12, 2000, seconded by Mr. 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. Mr. Schwartz moved to approve the Minutes of the Regular Meeting of January 2, 2001, seconded by Mrs. Archer. 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. 6. PROCLAMATIONS: 6oAo American Heritage School Kev Club Day - January 30, 2001 Mayor Schmidt read a proclamation recognizing and commending the American Heritage School of Boca/Delray on the occasion of it's first annual Key Club installation and charter ceremony, and further proclaiming January 30, 2001 as American Heritage School Key Club Day in the City of Delray Beach. 6.B. Recognizing and commending Rhiannon Jeffre}5 Freshman at Atlantic High School~ on her outstanding achievements in swimmin~ Mayor Schmidt read and presented a proclamation recognizing and commending Rhiannon Jeffrey on her outstanding achievements and performance in the sport of swimming and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through her efforts. Ms. Jeffrey came forward to accept her proclamation from Mayor Schmidt. 6.C. Recognizing and commending the Atlantic High School Boys Cross Countr}: Team on an outstanding and unprecedented season Mayor Schmidt read and presented a proclamation recognizing and commending the members of the Atlantic High School Boys Cross Country Team (John Jefferson, Sean Jefferson, Alfredo Felix, Josh Randall, Kenny Schappert, Billy Grummer and Patrick Bowser) and their Coaches (Mike McPherson, Manny Moreno and Ken Schappert) on an outstanding season that included winning the Conference, County, District, Regional and State Championships, and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through their efforts. The members and coaches of the Atlantic High School Boys Cross Country Team came forward to accept their proclamations from Mayor Schmidt. Coach Mike McPherson, on behalf of the team, expressed his thanks and appreciation to the Commission for this recognition. 6.D. Recognizing and commending the Delra¥ Beach Fire Department's Dive Team as the TOP DIVE TEM OF THE YEAR 2000 Mayor Schmidt read and presented a proclamation recognizing and commending the members of the Delray Beach Fire Department's Dive Team (Driver Engineer Michael McCleary, Driver Engineer Christopher Zidar, Driver Engineer James Dalton, Paramedic Joseph Lang, Paramedic Matthew Pearce and Lieutenant William Marino) on their outstanding achievements at the 14th Annual Public Safety Divers National Championship and Forum, and as outstanding citizens of the community and distinguished representatives of the City of Delray Beach. The members of the Fire Department's Dive Team came forward to accept their proclamations from Mayor Schmidt. Division Chief Russ Accardi commended the Dive Team -2- 01-16-01 members on their dedication, and recognized the quality efthe professional services available to the citizens of Delray Beach through their efforts. Chief Accardi, on behalf of the Dive Team, expressed his thanks and appreciation to the City Commission for their support and recognition. At this point, the City Manager introduced the new Fire Chief, Kerry Keen. He commented that Chief Keen did an outstanding job for the City when he was here before and he was very pleased that he was able to get him to come back to Delray Beach. Chief Keen commented that it was an honor to be back in Delray Beach and he looked forward to again being a part of the City's outstanding Fire Department. o PRESENTATIONS: 7oAo 2000 City Golf Championship Awards (Sandra Erikssom Director of Golf} Sandra Eriksson, Director of Golf, introduced Mary Beth Birsky as the new Director of Operations at the Delray Beach Golf Club. year 2000: Ms. Eriksson then presented the following City Golf Championship awards for the Senior Women's First Flight - Women's Second Flight - Women's First Flight - Senior Women's Champion - Eva Lochridge, Delray Beach Martha Clark, Delray Beach Nola-Ann Pearson, Boca Raton Jean Flockenzier, Delray Beach Super Senior Men's First - Super Senior Men' s Champion - Senior Men's Second - Senior Men's First Flight - Men' s Second Flight - Men's First Flight - City Champion Men's - Alex David, Palm Beach Gardens Guido Cavalle, Boca Raten J.C. Campbell, Delray Beach Craig McCann, Pembroke Pines Mike Chwalik, Delray Beach Ralph Royse, Boynton Beach Tim Conley, Delray Beach 7ogo Commission Long Drive Competition (Commissioner Perlman) Sandra Eriksson, Director of Golf, presented the City Commission Long Drive Competition trophy to Commissioner Perlman with her congratulations. Ms. Eriksson noted that Commissioner Perlman gets to keep the trophy for a year, and will have the opportunity to defend his win in the 2001 long drive competition. 7oCo Report on School Attendance Boundaries (Janet Meeks) Janet Meeks, Senior Planner, gave an update on the school attendance boundaries issue. At their December 6, 2000 meeting, the School Board did not approve either the City's proposed boundaries or the Attendance Boundary Committee's (ABC) proposal. Instead, the School Board directed district staff to get together with the municipalities to come up with an 01-16-01 alternative boundary scenario. This was done and an alternate plan was arrived at. That plan was approved on first reading at the School Board meeting on December 13, 2000. Ms. Meeks proceeded to give a short presentation on the demographics of the new plan. Under the plan, in order to include the Bass Creek neighborhood in the Carver Middle School boundary, Delray Estates was shifted from Carver down to Omni Middle School, and the area south of Germantown Road west out to Linton Boulevard would now go to Omni Middle School as well. Under the alternate plan, the capacity at Carver Middle School would decrease from 124% utilization down to 102%, while the minority percentage for Blacks would increase from 45% existing to 59%. It appeared that everything was going along well, but concerns have now been raised by Boca Raton parents over what the alternate plan does to the demographics at Omni Middle School. Their concern is that under the alternate plan, Omni's capacity is raised to 110%. Omni is currently at 101%. The complaint is that the Omni facility is a small plant and to provide additional portables would be a tremendous hardship. They also had concerns that the alternate plan would shift a new minority population into Omni and that they would prefer to keep the same group that currently exists at that school. Two of the Boca Raton parents worked on a new proposal for Omni Middle School where Delray Estates would remain within Carver's boundaries and the Bass Creek neighborhood would go to Omni Middle School. Ms. Meeks commented that it was stressed to the School District how important it is to Delray Beach to keep the Bass Creek subdivision in our boundaries. With second reading of the alternate plan scheduled for the School Board meeting on January 22, 2001, Ms. Meeks stated that she anticipates objections from the Omni people because of their concerns with the 110% utilization. She noted that it had been suggested to them that they look to the south and east because, under the alternate proposal, Boca Middle School is only at 83% capacity. In view of this, they were asked if they would leave Delray Beach boundaries alone and take a look at shifting between Omni and Boca Middle School. Given all of the above, Ms. Meeks stated that she was fairly confident that the alternate plan proposal would be approved by the School Board, although she felt there would be public comments from the Boca Raton parents. On question from Commissioner McCarthy, Lula Butler, Director of Community Improvement, commented that she did not feel a huge delegation from Delray Beach would be necessary, but rather to have appropriate representation from the Carver delegation and the Bass Creek neighborhood. go CONSENT AGENDA: (City Manager recommends approval) 8.A. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee ballots for the March 13, 2001 municipal election, and represent the City at the requisite logic and accuracy tests. 8.B. RESOLUTION NO. 4-01: Approve a resolution vacating and abandoning two utility easements within the Plat of Delray Ocean Estates, based upon positive findings and subject to the acceptance of an easement deed conveying a replacement easement. The subject property is located on the east side of South Ocean Boulevard, north of Linton Boulevard. The caption of Resolution No. 4-01 is as follows: -4- 01-16-01 8oCo A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING TWO (2) UTILITY EASEMENTS LOCATED WITHIN THE PLAT OF DELRAY OCEAN ESTATES AS RECORDED IN PLAT BOOK 79, PAGES 69 AND 70 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED GRANTING TO THE CITY OF DELRAY BEACH A 10 FOOT UTILITY EASEMENT FOR REPLACEMENT PURPOSES. (The official copy of Resolution No. 4-01 is on file in the City Clerk's office.) AUTHORIZATION TO PROCEED/ADDITIONAL SERVICES ASSOCIATED WITH THE 4TM BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with additional services associated with the preparation of the expanded Limited Reevaluation Report for the 4th Beach Nourishment Project at a cost not to exceed $18,357.00. Funding will be from the Beach Restoration Fund (332-4164-572-31.30), to be reimbursed through federal, state and county appropriations. 8.D. FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1: Approve the final subdivision plat for Del Raton Park Replat No. 1, a proposed two lot mixed use subdivision that will be developed as the Waterway Village project, located at the southwest corner of Lindell Boulevard and South Federal Highway. 8.E. SPECIAL EVENT REQUEST/2001 BUD LIGHT PRO/AM VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for special event approval to allow the 2001 Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on May 12 and 13, 2001. 8oFo AMENDMENT #001 TO STANDARD CONTRACT WITH DEPARTMENT OF CHILDREN & FAMILIES (SUBSTANCE ABUSE PREVENTION ACTIVITIES): Approve an amendment to the standard contract with the Department of Children & Families to increase the City's funding allocation by $50,000 (from $135,000 to $185,000) for the program year ending June 30, 2001, for substance abuse prevention activities. 8.G. RESOLUTION NO. 5-01: Approve a resolution declaring support for school nurses in all Florida public schools. The caption of Resolution No. 5-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING SUPPORT FOR SCHOOL NURSES IN ALL FLORIDA PUBLIC SCHOOLS. (The official copy of Resolution No. 5-01 is on file in the City Clerk's office.) 01-16-01 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 2nd through January 12, 2001. g.I. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $23,000 to Fast Dry Companies for the resurfacing of seven (7) hard courts at the Tennis Center and to provide an on-site technician during the Citrix Tournament, with funding from 334- 4145-572-63.90 (Tennis Center/Other Improvements). o Purchase award in the amount of $58,000 to Intl. Yacht Sales for the purchase of a 24.6 World Cat (Catamaran) SF Boat and twin axle trailer, and an additional $4,557.76 to various vendors for the purchase of miscellaneous supplies. Funding in the amount of $47,220 will be from the Florida Inland Navigation District (F.I.N.D.) grant, with the balance from 001-2111-521- 64.90 (Police - Other Machinery/Equipment). 3 Housing rehabilitation grant award in the amount of $19,325.25 to South Florida Construction for the rehab of a single family housing unit at 618 S.W. 7th Avenue, with funding from 118-1924-554-49.19 (SHIP - Housing Rehabilitation). Mr. Schwartz moved to approve the consent agenda, seconded by Mr. Perlman. 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. o REGULAR AGENDA: 9.A. AGREEMENT WITH OWL FOUNDATION INC. FOR USE OF THE MUNICIPAL TENNIS CENTER: Consider approval of an agreement between the City and the Owl Foundation Inc. for the use of the Municipal Tennis Center on Saturday, April 7, 2001, for the Owl Foundation Tennis Challenge (a Venus and Serena Williams charity event). Robert A. Barcinski, Assistant City Manager, presented an overview of the proposed event and agreement. The event will be a charity event featuring Venus and Serena Williams, and will include exhibition matches, children's and adult clinics, a Pro/Am, and related activities. The purpose of the event is to serve as a fundraiser for the Owl Foundation Inc. which provides services and assistance to young people experiencing academic difficulties. Mr. Barcinski noted that the agreement is similar to the agreement the City has with Chris Evert Charities. It will be a one day event with a three (3) year commitment, and will include television coverage. He further stated that the City has received a verbal commitment from County Commissioner Addie Greene to fund the $25,000 cash contribution to the Foundation. Mr. Barcinski stated that the staff recommendation is for approval of the agreement. On question from Commissioner Archer as to an estimated cost to the City for this 01-16-01 event, Mr. Barcinski stated that he felt the City's cost would be roughly $8,000. That would include the $3,000 rental fee, estimated overtime, and ancillary costs such as utilities. On question from Commissioner Perlman as to the date of the event, the City Manager noted that the agreement provides that the event will take place in the month of April. Each year, the City and the Owl Foundation will come up with a mutually agreeable date. Commissioner McCarthy stated for the record that she had had a meeting with County Commissioner Greene and Mr. Dubin when this event was being discussed. She confirmed that Commissioner Greene stated at that meeting that she was in support of this event and was going to go to the County administration to find out how to structure the contribution. That is probably why the City has not yet received a written confirmation on the funding. Commissioner McCarthy moved to approve the agreement between the City and the Owl Foundation Inc., 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. 9.B. RESOLUTION NO. 3-01 (TENNIS FACILITIES TASK TEAM): Consider approval of a resolution establishing the Tennis Facilities Task Team as an advisory body to the City Commission. The caption of Resolution No. 3-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE TENNIS FACILITIES TASK TEAM AS AN ADVISORY BODY TO THE CITY COMMISSION; PROVIDING FOR THE AUTHORITY OF SAID TASK TEAM; PROVIDING FOR THE COMPOSITION OF SAID TASK TEAM AND APPOINTMENT THERETO; PROVIDING AN EFFECTIVE DATE; AND SETTING A SUNSET DATE. (The official copy of Resolution No. 3-01 is on file in the City Clerk's office.) The City Manager commented that the resolution was drafted pursuant to the City Commission's comments at the January 9th workshop. It is anticipated that the Commission will appoint the membership at the February 6th regular meeting, with the task team to immediately pursue its assigned task with a target completion date of April 17, 2001. The sunset date can always be extended by action of the Commission, if necessary. For the record, Mayor Schmidt stated that he wished to correct one thing that was in the newspaper the other day. There was a story that said that this task team was going to decide the final use for the Delray Swim & Tennis Club, and that a decision would be made by the end of April 2001. Mayor Schmidt clarified that this is something that is going to be done as part of the Parks and Recreation master plan and needs assessment. Input from the task team will, of course, 01-16-01 be accepted, but it will not be a done deal by the end of April. The City Manager added that this task team is going to address all of the City's tennis facilities; not just that one. Commissioner Archer moved to approve Resolution No. 3-01, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 20-22, 2001. Robert A. Barcinski, Assistant City Manager, presented an overview of the annual request for the Delray Affair. He noted that the maximum City contribution for overtime would be $11,500.00, all vendor permits would be assigned by the Chamber of Commerce, and the Delray Affair would be the only event allowed to be held in the City during the period April 20-22, 2001. On question from Commissioner McCarthy, Mr. Barcinski clarified that the Delray Affair 5K Run is looked at as being a part of the Delray Affair although it was agendaed as a separate item. Mr. Barcinski continued that approval of the request is recommended with the conditions that the Director of Parks and Recreation have input concerning the events proposed on park property, that signs be approved per code requirements, that banners be allowed within the confines of the event site as may be approved by the Director of Community Improvement, and that the approval be contingent on receipt of a certificate of insurance and hold harmless agreement. Mr. Perlman moved to approve the special event request for the 2001 Delray Affair subject to the staff recommendation. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. As a point of information, Mayor Schmidt stated that he had a meeting set up on Monday (January 22, 2001) with the merchants, Police and Fire personnel, and city officials about the issue that was brought up at a recent Commission meeting concerning the placement of the vendor booths during the Delray Affair. 9.D. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval for the 3rd Annual Delray Affair 5K Run & Health Walk to be held on Saturday, April 21, 2001. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. He recommended approval, subject to splitting the overtime costs 50/50 with a cap of $1,000.00 and contingent on receipt of a certificate of insurance and hold harmless agreement. Mrs. Archer moved to approve the special event request for the 2001 Delray Affair 01-16-01 5K Run subject to the staff recommendation. 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. AMENDMENT TO STANDARD PARKING LICENSE AGREEMENT: Consider approval of proposed penalties for violation of the standard valet parking license agreement. Robert A. Barcinski, Assistant City Manager, explained that the current parking license agreement for valet parking contains a termination clause whereby the agreement could be terminated by the City Manager for any violation. In practice, however, when a violation is noted by the Police Department, a letter has been sent requiring correction of the violation within a certain time period as opposed to immediate termination. From time to time a valet company working for the licensee will violate certain sections of the agreement, primarily those related to parking and use of the queues. The Parking Management Advisory Board, along with Police representatives, considered this matter and recommended that a progressive fine system be put in place to encourage compliance as opposed to automatically terminating an agreement for any violation. The proposed amendment would impose fines for (1) valet parking in public parking spaces both on street and in lots, (2) valet parking in the designated queue area, and (3) for expanding the approved queue area. The recommended schedule of fines would start with a warning and progress to termination on the fourth (4th) violation within the one year term of the agreement. The penalties would apply to the holder of the agreement and not to the valet service. Mr. Schwartz moved to approve the amended Parking License Agreement, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 0.F. REQUEST TO EXTEND SANDOWAY PARKING LOT CLOSING TIME: Consider extending the closing time for the Sandoway parking lot from 8:00 p.m. until 9:00 p.m. during the season. Robert A. Barcinski, Assistant City Manager, stated that staff has been conducting random surveys of parking along A1A and the beach parking lots pursuant to Commission direction at the August 1, 2000 regular meeting. The surveys started at the end of September 2000 and will continue through the end of the season. The survey was segregated into various segments along A1A to reflect vacant spaces and also includes the number of cars parked in various beach lots on random dates and times. He discussed the trends reflected in the surveys which showed few, if any, spaces available on A1A south of Atlantic Avenue to Ingraham Avenue, fewer spaces available on A1A at night after 8:00 p.m. and when it was not cold out, fewer spaces available in general after about the middle of November, and that the daytime counts reflect a higher number of vacant spaces on A1A when all lots are open. Mr. Barcinski continued that the Parking Management Advisory Board reviewed the data at a special meeting earlier today and voted 7 to 1 to recommend that the closing time for the Sandoway parking lot be extended to 9:00 p.m. through season (April Both). At the end of the season, additional data would be compiled and brought back to the City Commission for further evaluation. 01-16-01 Mr. Schwartz moved to approve extending the closing time for the Sandoway parking lot from 8:00 p.m. to 9:00 p.m. through the end of the winter season (April Both), seconded by Mr. Perlman. Prior to roll call, Commissioner McCarthy commented that she had been contacted by two residents of the neighboring Ocean Place condominium (Sally Williams and Margaret Comstock) who indicated to her that they were opposed to extending the closing time for the Sandoway lot. Commissioner Perlman commented that he felt the 9:00 p.m. closing time until April 30, 2001 for evaluation purposes was a reasonable request, although he would not support a later closing time. 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. KLASFELD V. CITY OF DELRAY BEACH: Consider an offer from Plaintiff to satisfy nuisance abatement liens upon certain property. The City Attorney recommends denial of the offer. The City Attorney stated that a letter offer had been received from Plaintiff' s counsel offering to pay the City $425 in satisfaction of the fourteen (14) liens against the subject property. This amount is $39.00 less than the City's actual costs in abating the nuisances and does not include any administrative fee to the City or interest upon the liens. Mr. Schwartz moved to DENY the offer of settlement in the referenced matter, 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. 9.H. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two citizen-at-large representatives to the Parking Management Advisory Board for two year terms ending January 31, 2003. The appointments will be made by Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). Mayor Schmidt stated that he wished to reappoint Bernard Dahlem as a citizen-at- large representative on the Parking Management Advisory Board for a two year term ending January 31, 2003. Mr. Schwartz so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Commissioner Perlman moved to reappoint Randy Straghn as a citizen-at-large representative on the Parking Management Advisory Board for a two year term ending January 31, 2003. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; - 10 - 01-16-01 Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.1. REQUEST FOR FUNDING/EPOCH'S SPADY MUSEUM PROJECT: Consider a request from EPOCH (Expanding & Preserving Our Cultural Heritage, Inc.) for funding in the amount of $57,000 as an interest-free loan to be paid back within a two year period, to pay the balance ofEPOCH's commitment to the Spady Museum project. (BY ADDENDUM) Mayor Schmidt stated that he was contacted last week by Vera Farrington and Elaine Woods, EPOCH's new Executive Director, about a shortfall in their fundraising efforts for EPOCH's commitment to the building renovation for the Spady Museum project. Their request is for the Commission to consider loaning them that shortfall, which is in the amount of $57,000 for a two year period on an interest-free basis. Elaine Woods, Executive Director of EPOCH, discussed with the City Commission her plans for fundraising activities in order to raise the necessary funds to repay the City for the loan and to get back on track with the Spady Museum. In addition, Ms. Woods stated that she planned to pursue an aggressive membership campaign, corporate and private donations. The projected repayment schedule is as follows: first installment of $15,000 due December 31, 2001; second installment of $15,000 due May 30, 2002; final payment of $27,000 due December 31, 2002. On question from Mayor Schmidt, the City Manager stated that funding for the loan would be available from projected surplus for the current year. Mr. Schwartz moved to approve funding in the amount of $57,000 as an interest-free loan to be paid back within a two year period, to pay the balance of EPOCH's commitment to the Spady Museum project. 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. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 3-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations by placing a moratorium on business uses as defined herein opened for business at any time between the hours of 12:00 midnight and 5:00 a.m. for a period of six months from the date of adoption of this ordinance in the General Commercial zoning district and the Central Business District within the Downtown Development Authority area. If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 3-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF - 11 - 01-16-01 ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), (C), (D) AND (G), AND BY AMENDING SECTION 4.4.13, "CENTRAL BUS1NESS (CBD) DISTRICT", SUBSECTIONS 4.4.13(B), (C) AND (D) WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA AS MORE PARTICULARLY DESCRIBED HEREIN, BY PLACING A MORATORIUM ON BUS1NESS USES OPENED FOR BUS1NESS AT ANY TIME BETWEEN THE HOURS OF 12:00 MIDNIGHT AND 5:00 A.M. AND AS FURTHER DEF1NED HEREIN, FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE IN THE GENERAL COMMERCIAL (GC) DISTRICT AND THE CENTRAL BUS1NESS (CBD) DISTRICT WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that the six month moratorium would prohibit the establishment of new businesses having operating hours between 12:00 midnight and 5:00 a.m., and would also prohibit existing businesses which currently do not operate during these hours from extending their hours of operation during this time period. The ordinance would apply within the General Commercial zoning district and the Central Business District within the Downtown Development Authority area. The ordinance would not affect any existing businesses that currently operate between these hours, and provides an exemption for hotels, motels, office uses, restaurants and cocktail lounges. Mr. Dorling continued that the West Atlantic Redevelopment Coalition (WARC), the Community Redevelopment Agency (CRA) and the Downtown Merchants Association (DMA) Board had all reviewed the proposed ordinance and recommended approval. The Downtown Development Authority considered a moratorium on convenience stores at their December 2000 meeting and recommended approval. Since that time, the language has been expanded to 24-hour businesses and the revision will be reconsidered by the DDA on January 17, 2001. The Downtown Business Merchants Association (DMAD) will also consider the moratorium on January 17, 2001. In December, 2000, the Planning and Zoning held a public hearing on the proposal for a six month moratorium on 24-hour convenience stores. During the meeting the Board expanded its discussion to 24-hour businesses, a concept that they endorsed. However, the Board's formal recommendation was limited to approval of the six month moratorium for 24-hour convenience stores. The Planning and Zoning Board will reconsider the moratorium for 24-hour businesses on January 22, 2001. All recommendations will be reported to the City Commission at or before second reading of the proposed ordinance. - 12 - 01-16-01 Commissioner Perlman asked why the proposed ordinance had been broadened to address "24-hour businesses" if the intent was to work on convenience stores? He asked if there was a state definition for "convenience store" and if it would not be preferable to use that language instead? Mr. Dorling stated that the West Atlantic Redevelopment Coalition, where the proposed ordinance originated, had a concern that if the moratorium was limited to just convenience stores, that a convenience store would somehow be able to call itself something else and get around the ordinance, so they wanted it expanded to 24-hour businesses. Commissioner Perlman expressed concern that certain types of uses, such as call centers and e-commerce, could be adversely impacted by a moratorium on "24-hour businesses". Mr. Dorling stated that the zoning code would consider those uses as office uses, and that the proposed ordinance includes an exemption for office uses. He noted that this exemption was added in direct response to concerns by the Chamber of Commerce that we would not want to exclude those types of uses. Commissioner Perlman commented that he was not comfortable with using the broader language for the moratorium as opposed to just convenience stores. He felt it would be preferable to go with the state definition of convenience store instead of having to worry about how the broader language might be interpreted by the business community. The City Attorney noted that the statutory definition of "convenience store" exempts out certain things that the City might consider to be a convenience store. The moratorium ordinance was originally drafted with only convenience store uses, but the Police Department wanted it to be somewhat broader so that other 24-hour businesses could be looked at also, except for the uses that are totally exempted from the ordinance. The City Manager commented that "laundromats" had also been mentioned as a concern, where somebody might want to open up a 24-hour laundromat. There are some other types of businesses that could be a source of problems, and the intent is to allow some time to study the whole issue. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Speaking from the audience was the following: Frank Wheat, Chairman of the Downtown Development Authority, stated that the entire DDA Board was in full support of the six month moratorium on 24-hour businesses, and that a letter confirming this position had been forwarded to the City. There being no one else from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 3-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. - 13 - 01-16-01 Perlman - No; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 4-01: An ordinance amending Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations by increasing the parking requirement for restaurants in the original Downtown Development Authority area. If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 4-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUS1NESS (CBD) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS BY AMENDING SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO INCREASE THE PARKING REQUIREMENT FOR RESTAURANTS IN THE ORIGINAL DOWNTOWN DEVELOPMENT AUTHORITY (DDA) AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that the proposed change is to increase the parking requirement from one space per 300 square feet of floor area to six (6) spaces per 1,000 square feet, or an increase of 2.67 spaces per 1,000 square feet. The proposed text amendment was generated by a recommendation from the Parking Management Advisory Board. The Downtown Development Authority, the West Atlantic Redevelopment Coalition and the Community Redevelopment Agency all reviewed the change and recommended approval. The Planning and Zoning Board considered the text amendment at a public hearing on November 20, 2000, and voted 5 to 1 to recommend that it be approved. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 4-01 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. - 14- 01-16-01 Commissioner McCarthy commented for the record that this ordinance will only apply to new or increased restaurant space in the original Downtown Development Authority area. It will not do anything to discourage the growth and redevelopment of those areas of the City that are targeted for redevelopment. 10.C. ORDINANCE NO. 5-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Sections 4.4.13(G) and 4.4.24(G) of the Land Development Regulations by deleting the one time one space parking reduction within the Central Business District (CBD) and the Old School Square Historic Arts District (OSSHAD). If passed, a second public hearing will be scheduled for February 6, 2001. The City Manager presented Ordinance No. 5-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUS1NESS (CBD) DISTRICT", SUBSECTION 4.4.13 (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY DELETING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that when the Commission reviewed this proposal at the January 9th workshop, it was the consensus not to support the complete elimination of the one time one space parking reduction as proposed in Ordinance No. 5-01. It was felt that eliminating this provision could have an adverse impact on smaller, "Mom & Pop" type operations that might want to locate in the CBD or OSSHAD districts. Instead, the Commission gave direction to allow for a one space parking exemption in those instances where either new development, expansion of an existing use or a change in use resulted in the requirement of only one new parking space. If more than one parking space was required, no exemption would be allowed and parking would have to be provided in order for the development to occur. In response to that direction, staff drafted Ordinance No. 6-01 which is proposed this evening for Commission review. Mr. Dorling stated that if the substitute ordinance (6-01) accurately reflected the Commission's direction, staff would proceed with advertising it for formal consideration on first reading and at a first public hearing on February 6, 2001. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 15 - 01-16-01 Mayor Schmidt declared the public hearing open. Speaking from the audience was the following: Frank Wheat~ Vice-Chairman of the Parking Management Advisory Board~ stated that the Parking Board favored the proposed ordinance as it was originally written. However, at a special meeting held earlier today, the Board reviewed the substitute ordinance and voted to recommend it's approval as it accomplishes what the Board wants to see done in the affected areas. There being no one else who wished to speak on this item, the public hearing was closed. Ms. McCarthy moved to DENY Ordinance No. 5-01 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. 10.C.1. Review of proposed Ordinance No. 6-01 (modified ordinance re one time one space parking reduction as discussed at the January 9th workshop). The City Manager presented Ordinance No. 6-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION 4.4.28(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY MODIFYING THE ONE TIME ONE SPACE PARKING REDUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Upon discussion, it was the consensus of the City Commission that substitute Ordinance No. 6-01 accurately reflected the direction given at the January 9th workshop, with further direction to proceed with advertising the ordinance for First Reading/First Public Hearing on February 6, 2001. 10.D. ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13, 2001, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 S.E. 4th Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a - 16 - 01-16-01 public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Speaking from the audience were the following: Kevin Warner~ 248 Venetian Drive, stated that while he felt the proposed referendum was a good idea, he also felt that language should be added to it so that the issue would be presented in a clear manner. He suggested that some background be provided to the voters so that they might better understand what the need is and why the question is on the ballot. He could see where someone who is not familiar with the issue might have questions or be confused if they do not have the right information. For the record, the City Attorney stated that the City is constrained by state statute as to the number of words that can be contained in the actual ballot question. By statute, only 75 words are allowed; the question as proposed contains 71 words. Notwithstanding this, the City can certainly pursue educational efforts to better inform the voters. Alice Finst~ 707 Place Tavant, asked for an explanation in layman's terms as to what is involved with the referendum, if it is tied into some kind of three-way land trade, and what will happen if it is approved or not approved? - 17 - 01-16-01 Mayor Schmidt responded that the present Library building is owned by the Library Association, but the property that it is built on is owned by the City. When the land was given to the City, there was a deed restriction on a portion of the property that restricted it's use for municipal purposes. That deed restriction can only be released by an affirmative vote of the citizens of Delray Beach, and that is why it has to go to a referendum for approval by the voters. Assuming the referendum is approved, the present plan is that the land would be swapped by the City with the Community Redevelopment Agency and the Library Association would give the building to the CRA in exchange for the Library Association getting land next to the Courthouse on West Atlantic Avenue to build a new library building. The City would receive the CRA parking lots on the east side ofN.E. 1st Avenue which Old School Square hopes to use for it's expansion. At this point, Diane Dominguez, Executive Director of the Community Redevelopment Agency, commented that she felt the CRA Board's position was that the swap would only involve the CRA property on West Atlantic Avenue (Discount Auto/Kwik Stop) for the Library building and property. The CRA Board sees the expansion of Old School Square as something completely separate from the Library transaction. The City Manager commented that the Library building and the land that it sits on are worth considerably more than what the Library would be getting on West Atlantic Avenue. He felt that the whole thing would need to be examined further if the CRA's position is as stated by Ms. Dominguez. If that were the case, what would the City be getting out of the deal? John Callahan~ Director of the Delra¥ Beach Public Library, acknowledged that this is a very complicated issue and stated that the Library Board would do it's best to get out an informational campaign over the next couple of months in an effort to explain the situation, assuming the ordinance were to be approved this evening. The proposed referendum, if approved, would clear up the deed restriction and allow the Library to expand in the future and be able to meet the needs of the public. He felt that the terms of any potential land transactions were obviously subject to more discussion, but the immediate need was for passage of the ordinance to open the door to allow the land to be traded and the property to be redeveloped in the future. If for some reason the deal for the land on West Atlantic Avenue were to fall through, the Library Board still needs this issue to be passed so that other options could be pursued. Until the deed restriction is removed, the Library Board is pretty much stymied in any expansion effort. It is not feasible nor cost effective to attempt any further expansion on the current site, and that is why the Library Board is seeking the City's support in allowing the issue to go to the voters. Gerald Franciosa~ 939 Eve Street, commented that he was somewhat suspicious when there is a deed restriction from 1939 that the property has to be used for municipal purposes and now the City wants to have that restriction lifted. He asked what the City would do with the property, and also questioned if the Library would want to locate to the West Atlantic Avenue site as it was his understanding that this is the highest crime district in the city. In response, Commissioner McCarthy stated that this proposal has been on the table as part of the redevelopment of West Atlantic Avenue for some time; it is not a new project. She emphasized to Mr. Franciosa that the perception that it would be unsafe to have a public facility in this location is, hopefully, outdated. Much time and effort has gone into making the whole city a - 18- 01-16-01 safe community, and that is why the City continues to move forward with enhancing all of the neighborhoods, so that if these perceptions are still out there, they can be changed. Jon Levinsom 943 Evergreen Drive, spoke in support of the proposed referendum as he felt it was a very important issue for the City. It would be a significant psychological as well as physical benefit to the community to put the Library right in the dead center of town where it would draw people from both the east and west to that focal point. The first step in making everything come together is to get the deed restriction lifted. Once that is done, then the City, the CRA and the Library need to get together to work out the details and negotiate a fair deal. Mr. Levinson also commented that he felt it would be important to get an educational effort underway to explain the referendum to the voters and encourage them to get out the vote. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 1-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.D.1. Election to be Ordinance No. RESOLUTION NO. 6-01: Consider approval of a resolution calling for a Special held on March 13, 2001, to provide for a referendum on the question set forth in 1-01. The caption of Resolution No. 6-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON MARCH 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 1-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 6-01 is on file in the City Clerk's office.) Mr. Schwartz moved to approve Resolution No. 6-01, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. 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. - 19 - 01-16-01 The City Manager presented Ordinance No. 2-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.90) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. (Commissioner McCarthy left the room at this time.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to speak on this item, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 2-01 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 4 to 0 vote. (Commissioner McCarthy returned to the dais.) 10.F. PROPERTY TRANSFER TO PALM BEACH COUNTY: Consider approval of three quit claim deeds transferring certain property located at or near the intersection of Lake Ida Road and Barwick Road from the City to Palm Beach County for the proposed expansion of Lake Ida Road. Richard Hasko, Director of Environmental Services, explained that this item is necessary in order to grant Palm Beach County the required right-of-way that they need for the - 20 - 01-16-01 proposed road widening. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to speak on this item, the public hearing was closed. Mr. Schwartz moved to approve the three quit claim deeds transferring certain property from the City to Palm Beach County for the proposed expansion of Lake Ida Road. 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. 10.F.1. TEMPORARY CONSTRUCTION EASEMENT: Consider approval of a temporary construction easement from the City to the County over property located at the intersection of Lake Ida Road and Barwick Road, associated with the road widening project. Richard Hasko, Director of Environmental Services, stated that the temporary construction easement would allow the County access on to the adjacent properties for purposes of actually performing the construction work. He noted that the intent was to have the temporary easement extend the entire length of the right-of-way that is being conveyed to the County. The actual legal description in this temporary construction easement only extends it a certain distance, and so another temporary construction easement will be brought forward in the future for property along the balance of the right-of-way. Mr. Schwartz moved to approve the temporary construction easement, seconded by Mr. 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. 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 Mr. Franciosa's concern about off-premises signage in Tropic Isle, the City Manager stated that the Code Enforcement Division will contact him concerning the City's regulations on this type of signage. Code Enforcement personnel have monitored and will continue to monitor the Tropic Isle area, both during regular work hours and on weekends. At one time off- premises real estate signs were prevalent, but recently the number found has dwindled to three or four. Code Enforcement personnel have explained to the local real estate offices that off-premises signs are not permitted and that Code Enforcement officers regularly pick up such signs. The City Manager continued that the City Engineer spoke to Mr. Franciosa about unpaved streets within the City. He explained that any unpaved street having a residence on it - 21 - 01-16-01 would be paved as part of the 2000 Roadway Bond program. The streets Mr. Franciosa was interested in were Frederick Boulevard which will be paved as part of the bond program, and Avenue "H" which will not be paved. In response to the concern expressed about some of the people hanging out at Veterans Park, the City Manager stated that Veterans Park has been one of the initiatives in District One of the Police Department for the past two years. Numerous extra patrols have been conducted and documented on all three shifts. Since 1998, based on arrests and crime statistics for this location, there appears to be a decrease in homeless and vagrant activity. However, it is difficult to quantify the decrease based on arrests alone. The law is very specific about enforcement and homeless individuals as it relates to First Amendment rights in public parks. Lawsuits have been filed on behalf of homeless individuals against law enforcement agencies for violation of Constitutional rights in both Miami and Orlando. Officers in Delray Beach are aware of their limitations when asked to enforce trespass laws in city parks. The Police Department has offered several suggestions to Parks and Recreation officials to reduce the attractiveness of the park in certain areas to vagrants. In summary, if state laws or city ordinances are being violated, the appropriate action is taken. District One officers will continue with the efforts to make Veterans Park a safe place for all of our citizens. In response to the concern expressed by Mr. Van Gemert regarding distribution of newspapers in the rights-of-way and swales, the City Manager stated that the Courts have held that First Amendment protection extends to the means of distribution as well as to the content of newspapers. However, municipalities may impose reasonable time, place and manner restrictions if the restrictions are content-neutral on the distribution of newspapers and if the restrictions are narrowly drawn without unnecessary interference with First Amendment freedoms, and if the restrictions allow for reasonable alternative chance of communication [Miami Herald Publishing v. the City of Hallandale, & Gold Coast Publications v. Corrigan]. The City's current ordinance at Chapter 118 of the code is a reasonable time, place and manner restriction and is narrowly drawn. "Narrowly tailored" or "narrowly drawn" means the ordinance or regulation must not be broader than necessary to accomplish the purpose for which the ordinance was enacted. The City's ordinance provides that it is a violation of the City code if distributors fail to stop delivery within three (3) days after written notice is received by the publisher or distributor to stop distribution. The City's ordinance is constitutional because it does not provide for a total ban, but is particularized to those that request that distribution cease. In response to the complaint from Mr. Blake regarding different kinds of activities of a criminal nature at Delray Estates, the City Manager stated that at the present time there are 19 Police officer vacancies, not 30 as Mr. Blake had indicated. While this number is significant, the Police Department is able to maintain service through elimination of some activities and the use of overtime. The City Manager then relayed a report from the Police Department as to the suspected criminal activites reported by Mr. Blake, their follow-up, investigation and conclusion. - 22 - 01-16-01 11.B. From the Public. ll.B.1. Jay Gordom 4101 Satin Leaf Court~ stated that his speaking to the Commission on behalf of the tennis community for the third time in as many meetings is an indication that Mr. Dubin is not fulfilling the terms of his contract. The petition signed by some 85 tennis players almost two years ago is further indication of his failure and a signal of how long this failure has been significant. Many players tried to work with Mr. Dubin for a year before the petition came about, and it was only after his failure to run the Tennis Center even close to okay that they drew up the petition. Mr. Gordon noted that one of the items about the courts being slippery has been partly addressed by resurfacing four courts last year and four courts this year, but that was only one of the players' concerns. He felt that Mr. Dubin's proposal to form a committee to search for a Tennis Director was "preposterous, and tantamount to his own admission of failure. After five years of having the contract, the fact that he can't find a Tennis Director on his own that will work with him for any period of time is all you need to know. What else should he be doing but finding a Tennis Director for now two world class facilities here in Delray Beach, or what should be world class facilities." Mr. Gordon found it ironic that Mr. Dubin would not cooperate with the members in forming a tennis committee to deal with the day to day issues, but now forms a tennis committee to look for a Tennis Director. Mr. Gordon further stated that the last Tennis Director who quit about a month ago would probably come back to work right away if Mr. Dubin were no longer involved. Mr. Gordon also questioned the need for the formation of a task force to determine the direction of tennis in Delray or the use of the stadium. Again, he asked what Mr. Dubin has been doing for five years if not giving direction to the tennis community of Delray? Mr. Gordon continued by saying that he was gratified to see that the rusted-out light pole next to court #20 at Laver's (Delray Swim 8: Tennis Club) was finally removed, but questioned why it was out there for at least three months. He alerted the Mayor and another Commissioner to it last week, and it was gone a couple of days later. He also noted that there are 47 other poles on those ten courts that may or may not be rusted out. Mr. Gordon concluded by stating that he was gratified to see a free kids day announced for Delray, but felt that it might be due to his protests about expensive lessons. ll.B.2 Dino Moreno~ 102 N.E. 6th Avenue, stated that he owns several restaurants in Delray Beach and over the past ten years he has had approximately 60 burglaries of the restaurants in his area. Mr. Moreno expressed concern about the number of police officers in the city and why so many of them have left the force to go elsewhere. He did not understand why Delray Beach has such a small amount of police officers, and very slow response. He stated that he had called 9-1-1 and it took about 25 minutes to get there from one block west [of Swinton Avenue]. Mr. Moreno commented that there is a construction site just across the street from his restaurants, and there are no officers around. He has called the Police Department and it takes them 25 minutes; he has called the Sheriff' s Office and they arrive in 15 minutes. They are farther away and they come first. Mr. Moreno also stated that there are no police officers in the station. Mr. Moreno commented that he pays a lot of taxes and he does not see a patrol car all day long. At 12:00 midnight he sees a patrol car. His restaurant is on Federal Highway and he sees Sheriff' s cars passing by all the time, but no Delray police cars. Mr. Moreno stated that he is not afraid for his life, but feels that the lack of Police presence makes it so people do not want to come to his restaurant. They are on Atlantic Avenue and people feel safe there, but not one block north. He said that he spoke to about eight (8) officers in the past week and they all want to quit because they can get better from the county or someplace else. Mr. Moreno concluded by saying that he needs support from the Police in order to - 23 - 01-16-01 run his businesses. ll.B.3. Sherrial Clark~ 37 S.W. 13th Avenue, President of the Atlantic Park Gardens Association, presented several requests from the neighborhood association. First, complaints have been received from the residents about trash being left out by the bus stop at the corner of S.W. 2nd Street and S.W. 12th Avenue. It is a busy intersection and trash is often left along both sides of the bus stop. Mr. Clark asked if it would be possible to get some trash cans put out there as this would help to clean up the area. Mr. Clark asked if the City could look into having the students moved from the intersection at S.W. 2nd Street and S.W. 12th Avenue because it is a very busy area in terms of traffic. Mr. Clark continued that there are a great many vacant lots in the neighborhood and asked about the possibility of converting one or more of those lots into a playground area for neighborhood children who are not able to get over to Pompey Park. Mr. Clark commented that property values in the neighborhood have increased in the past year because of new construction, and the residents would like to see them increase even more. The big issue they have is with absentee owners, and he gave an example of a problem area being in the second block of 12th and 14th Avenues where there are a lot of apartments. Mr. Clark asked if they could get some help with putting out some type of notification in plain and simple terms to those absentee owners that they need to keep their properties up, or just to the tenants that even though they are renting, they can still take care of the place. Mr. Clark concluded by saying that the new construction has been good, but the area also needs to be upgraded in terms of plumbing (water lines) and the sewer system because when the newer homes are watering their lawns, the pressure drops sharply. ll.B.4. Cynthia Ridley~ 137 S.W. 12th Avenue~ stated that she is currently the Chairperson of Community Chat. She briefly discussed the history of Community Chat as a group of concerned citizens who came together several years ago to develop a community plan for the southwest section of Delray Beach. Many good ideas came out of the process, with one of the biggest accomplishments being the Village Academy. Ms. Ridley commented that an upcoming event called the Community Unity Dinner will be held on Thursday, January 25, 2001 at the Delray Municipal Golf Course. ll.B.5. Alice Finst~ 707 Place Tavant, expressed concern about the type of development that she is seeing in Delray Beach. She specifically referred to the buildings just north of Atlantic Avenue between north and southbound Federal Highways (the Republic Security Bank site), and to the five-story, yellow bank or office building next to the railroad tracks just south of Atlantic Avenue. Mrs. Finst complained that the City code would allow such drastic and out of proportion buildings to be constructed, and suggested that the code be looked at so that having more of these buildings can be avoided in the future. - 24 - 01-16-01 Mrs. Finst commented that the wall that has been constructed at the Community Child Care Center runs right up to the sidewalk, and she felt that this was something that needs to be looked at as well. She understood that if you look at the wall side as the rear of the property, it is probably allowed as far as the code is concerned. But as far as aesthetics and proportion, she questioned why the wall was allowed to run that close to the street? Mrs. Finst then commented on the traffic lines that have not been put in place on Lake Ida Road. She noted that Lake Ida Road was repaved back in November because of the widening that will soon be underway. However, they have yet to complete the lane striping and at night it is very difficult to see any kind of markers in the street coming up (north on) Congress Avenue and turning left onto Lake Ida Road. Mrs. Finst asked that the County be contacted to get the traffic lanes properly striped on Lake Ida Road so they can be seen at night, and suggested that perhaps some lighting at the intersection would also be helpful. ll.B.6. John Bennett~ 137 Seabreeze Avenue~ commented that last March about the last thing the previous Commission did was to call a special meeting at which they approved a salvage agreement with an unknown person for exploration of an unstated piece of City property east of the Intracoastal Waterway. Mr. Bennett stated that he would like to know who the person was the City contracted with, where the property was, what the person expected to find, and did the City get anything out of it? He continued that the backup material indicated that the individual had done a test bore two days before the Commission's special meeting. Mr. Bennett asked if that was done with anyone's authority from the City or did the person just go on City property and do it? Mr. Bennett then inquired about the status of sidewalk deferral agreements. He noted that in October, 2000, one was approved for the Church of God by Faith, and in the backup material it said that the staff recommended approval even though the City no longer accepted these agreements. Mr. Bennett asked when this policy was adopted, if indeed a policy had been adopted? ll.B.7. John Engels~ 1781A San Jose Drive, reviewed his professional credentials and achievements, noting that he has many business and social relationships in Delray Beach. Mr. Engels then relayed to the Commission his impression of the management at the Tennis Center. He was contacted by Mr. Dubin in March 2000 and asked to help out because the Tennis Director at that time was quitting. Mr. Engels stated, "Over the next nine months ! have never seen a more degrading and dyslexic management style. ! saw more employees come and go than I've ever seen anywhere. Not once did Mr. Dubin walk out on the courts to watch any of the teaching or social programs. ! received no salary, no insurance benefits, nothing but a percentage of my lessons. ! took five days off in nine months. Three days before this last Thanksgiving ! was unceremoniously told that ! was terminated and that he had nothing further to say to me. He stared at me and ! got up and walked out of the tennis center." Mr. Engels stated that he was telling this to the Commission because he would like to open further discussion with them, either one at a time or as a group. In addition, he found it very upsetting that Mr. Dubin would say at a public meeting that he thought his naysayers should be investigated. Mr. Engels felt this was a slap in the face to a lot of the members of the community. ll.B.8. Gerald Franciosa~ 939 Eve Street, thanked the City Manager for his responses to his previous inquiries. However, he would still like to know if there is an ordinance in the City to - 25 - 01-16-01 pave all City streets and has it been budgeted, whether it be land that is undeveloped and the street is not paved. If Delray Beach wants to consider itself to be an All America City, he felt that all of the streets should be paved. Mr. Franciosa then asked if it was legal for a private citizen to take someone's signs off of a right-of-way when they don't belong there? Does that person have the right to do that? Mr. Franciosa then commented on what he felt were too many homeless people walking around the City with shopping carts. He was not concerned from the standpoint of law enforcement and the fact that these people have rights, but felt that as an All America City, Delray Beach should have some kind of program to take care of these people. Mr. Franciosa commented on the Police Department and his feeling that they do not respond to calls. He stated that a boat was broken into at Veterans Park over the weekend, and when the owner called for an officer, no one ever came. The Police Department said to make a report by telephone. Mr. Franciosa urged the City Commission to work on this problem because having a strong Police Department that responds to the community is important. ll.B.9. Richard Van Gemert~ 912 Eve Street, Vice-President of the Tropic Isle Civic Association, commented on the agreement between the City and Tropic Isle that was fashioned to settle a lawsuit with regard to dredging the canals in Tropic Isle. In view of the fact that the project is winding down, an issue has arisen as to who is going to conduct a final survey of the canals that have been dredged to insure that the work was done to the specifications in the agreement. Mr. Van Gemert stated that he had discussed this with the City Manager and was told that the firm of Coastal Planning & Engineering would be used to do the final survey. The Tropic Isle Civic Association vehemently objects to this because Coastal Planning & Engineering was the firm the City used to do the original survey and they grossly underestimated the amount of material that needed to be removed from the canals. Mr. Van Gemert claimed that they had estimated some 2,000 cubic yards while the actual amount of dredged material was 12,000 cubic yards, some 400% more material to be removed from the canals than what Coastal had originally estimated. He felt that this indicated they are inadequate to the task of determining whether or not the canals have been dredged to the specifications. What the Board of the Tropic Isle Civic Association would like to see is that the Commission allow them to meet with City staff to select another firm to conduct the final survey, a firm that both parties would be comfortable with. 12. FIRST READINGS: None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. In response to Commissioner Archer's inquiry about the City's tree protection ordinance, the City Manager stated that he would be sending a copy of Nancy Davila's (City Horticulturist) comments to the City Commission. Essentially, if the Commission wants to do something more in terms of regulating it, more staff would need to be added. The City cannot do more with the staff currently in place. The City Manager noted that one of the biggest problems is - 26 - 01-16-01 that when somebody hatracks a tree or trims it improperly, it becomes a code enforcement violation, but the damage is already done so it is not a very effective method of controlling the problem. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. 13.C.1. City Commission. Commissioner Archer had no comments or inquiries. 13.C.2. Commissioner Perlman, in reference to the comments made about the Police Department, stated that the City Commission takes this issue very seriously. He pointed to the recent actions the Commission has taken, including one that cost $350,000, to address the matter, albeit with the realization that those things were not going to be the answer to all of the problems. He noted that this is a very complex issue, but the Commission is keenly aware of it and the need to move rather quickly on it. With respect to the comments about an All America City, Commissioner Perlman commented that his understanding is that an All America City doesn't mean that you live in Nirvana or a perfect community. It means that you have a community that is trying to tackle its problems and that is what Delray Beach is doing. As for the homeless, Mr. Perlman acknowledged that this is a difficult issue and your heart goes out to these people. There are community resources, however, such as food pantries and a Caring Kitchen, which provide some services. He noted, too, that when someone proposed building a homeless shelter in town, the mere mention of it caused an uproar because people felt that if it was built it would attract additional homeless people to the area. Commissioner Perlman commented on how much he had enjoyed the Martin Luther King, Jr. Day festivities on Monday. The organizers did a great job. Commissioner Perlman acknowledged his Aunt, down from Brooklyn, New York, who was in the audience along with his Dad. 13.C.3. Mayor Schmidt commented that he had a meeting on Friday (January 19th) with the Operations Manager at Palm Beach International Airport to talk about the air traffic problems the City has been experiencing. Mayor Schmidt also commented that he did the ribbon-cutting this past Saturday for the Crane Apartments on Gleason Street. He urged everyone to stop by and take a tour of the property. The owners did a wonderful job of renovating the building and it is something that the City can be very proud of. 13.C.4. Commissioner McCarthy commented that she thoroughly enjoyed a very full day of activities on Martin Luther King, Jr. Day in Delray Beach. The number of people who participated from throughout the City was very encouraging. - 27 - 01-16-01 Commissioner McCarthy commented on how well EPOCH's Spady House Museum project is coming along and what a wonderful asset it will be by the time it is done. The museum and the history that is being documented and put in there is really outstanding. Commissioner McCarthy then commented that there is a monthly tennis news magazine that come out, and in the January issue, Pompey Park was mentioned in a full page article because there are some top-seeded youngsters playing tennis at that facility. She indicated she would bring the article in to the City so that more people might be made aware of the great things that are happening at Pompey Park right around the corner. 13.C.5. Commissioner Schwartz stated that he, too, would be attending the meeting at Palm Beach International Airport with the Mayor on Friday. On question from Commissioner Schwartz, the City Manager stated that the business plan was distributed to the Commission this evening at Mr. Dubin's request for review and information purposes. Commissioner Schwartz asked if any progress had been made in getting some bus shelters built in the City? The City Manager responded that staff is continuing to work on this through the Metropolitan Planning Organization (MPO) and that, hopefully, before the year is out we will either have some bus shelters or at least be in line to get some built. Commissioner Schwartz commented that he had made several trips to the Delray Swim & Tennis Club recently and felt that it was in need of a fair amount of housekeeping. He saw a lot of trash, broken glass and that sort of thing, and felt strongly that the facility needs to be cleaned up. Since it is a part of the City now, the residents are entitled to a respectable, clean and safe environment. 8:50 p.m. There being no further business, the meeting was adjourned by Mayor Schmidt at 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 January 16, 2001 City Commission Regular Meeting, 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 completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. - 28 - 01-16-01 Commissioner McCarthy commented on how well EPOCH's Spady House Museum project is coming along and what a wonderful asset it will be by the time it is done. The museum and the history that is being documented and put in there is really outstanding. Commissioner McCarthy then commented that there is a monthly tennis news magazine that come out, and in the January issue, Pompey Park was mentioned in a full page article because there are some top-seeded youngsters playing tennis at that facility. She indicated she would bring the article in to the City so that more people might be made aware of the great things that are happening at Pompey Park right around the comer. 13.C.5. Commissioner Schwartz stated that he, too, would be attending the meeting at Palm Beach International Airport with the Mayor on Friday. On question from Commissioner Schwartz, the City Manager stated that the business plan was distributed to the Commission this evening at Mr. Dubin's request for review and information purposes. Commissioner Schwartz asked if any progress had been made in getting some bus shelters built in the City? The City Manager responded that staff is continuing to work on this through the Metropolitan Planning Organization (MPO) and that, hopefully, before the year is out we will either have some bus shelters or at least be in line to get some built. Commissioner Schwartz commented that he had made several trips to the Delray Swim & Tennis Club recently and felt that it was in need of a fair amount of housekeeping. He saw a lot of trash, broken glass and that sort of thing, and felt strongly that the facility needs to be cleaned up. Since it is a part of the City now, the residents are entitled to a respectable, clean and safe environment. There being no further business, the meeting was adjourned by Mayor Schmidt at ,8:50 p.m. ~ City Clerk .4~I~EST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the January 16, 2001 City Commission Regular Meeting, which minutes were formally approved and adopted by the City Co~,tmisssion on o~ t/~/O/ · City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. - 28 - 01-16-01