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07-10-01JULY 10~ 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., Tuesday, July 10, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - Commissioner Jon Levinson Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2_ Reverend Matthew "Bump" Mitchell with Christ Missionary delivered the opening prayer. Baptist Church o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt noted the modification to the funding code for Item 8.L., Service Authorization #99-03/Lawsom Noble & Webb/SW Area #3, and the amendment to Item 9.D., Resolution No. 45-01. The City Attorney requested that Item 14.A., Disposition of the case of the City of Delra¥ Beach v. the Department of Agriculture and Consumer Services be added to the agenda in the event the City would need to take any action. Mrs. Archer McCarthy moved to approve the Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. o APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of May 15, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mr. Perlman moved to approve the Minutes of the Regular Meeting of June 5, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. 07/10/01 McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. o PROCLAMATIONS: 6.A. Commending the Delray Beach Youth Basketball Teams (Junior~ Intermediate and Senior) Mayor Schmidt read and presented a proclamation proclaiming the Delray Beach Youth Basketball to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Mrs. Williams came forward to accept the proclamation and thanked the children. Roger Ribeiro, Parks and Recreation Superintendent introduced Mr. Tom Maloney, Athletics Supervisor and Mr. and Mrs. Williams. Mr. Ribeiro stated Mr. and Mrs. Williams have put their heart and soul into the children of Delray Beach and feels the City is truly blessed to have devoted residents of this community who spend time with the children to advance them in the athletic and academic endeavors. Mrs. Williams thanked the City, introduced the coaching team staff, and thanked all the dedicated parents for their participation. Mrs. Williams stated she is very proud of the girls teams and feels fortunate that the teams represent the All America City. o PRESENTATIONS: 7.8. All America City Presentation Delray Beach Chuck Ridley, Jay Alperin, Co-Chair of the All America City Committee, announced the City of was one of the ten finalists to win the All America City Award and introduced also Co-Chair for the All America City Committee. At this point, Mr. Alperin presented Mayor Schmidt with a plaque of the All America City Award recognition and a photograph of the entire delegation. Secondly, Mr. Alperin presented Bill Wood, Director of the Chamber of Commerce, with a certificate. Also, Mr. Alperin introduced Joe Gillie, Director of Old School Square. Joe Gillie, Director of Old School Square, displayed the "Patchwork of Pride" quilt and explained the idea behind this quilt emerged from a standpoint that when you think of a quilt you think of the many layers of the community and the many pieces that come together to create this giant oneness. He stated the "Patchwork of Pride" represents programs such as the Enrichment Program, the Village Academy, and the Community Helping Neighbors. Mr. Gillie stated the trip to Atlanta was expensive and thanked a lot of the businesses who came forward to help make this happen with their pledges before the City even was accepted as a finalist. Mr. -2- 07/10/01 Gillie stated the community raised over $30,000 in order for the delegation to attend the All America City presentation in Atlanta. Mr. Gillie thanked Kevin for his help with the coordination of putting the quilt together. The quilt is displayed here at City Hall and will then be moved and displayed throughout the community. Mr. Gillie urged everyone to continue to support the Enrichment Program, the Village Academy, and the Community Helping Neighbors and stated he is so proud to represent the community and thanked the Commission for all their support. Lula Butler, Director of Community Improvement, thanked the City Manager and the Commission for allowing her the opportunity to do this and for all their support. Ms. Butler introduced the Steering Committee and thanked them for all their hard work. At this point, Mr. Gillie presented a ten-minute video of the All America City presentation. Mayor Schmidt distributed photos to Joe Gillie, Jay Alperin, Chuck Ridley, Bill Wood, and Marjorie Ferrer. 7oAo Honorin~ County Commissioner Addie Green On behalf of the City of Delray Beach, Mayor Schmidt presented the newest County Commissioner Addie Green with a "Key to the City" and welcomed her to her new office in Delray Beach. Mayor Schmidt stated Ms. Green is very committed to working with all the cities within her district and helping as much as she can. He feels this is a very positive attitude for a County Commissioner to have and thanked her for her commitment. On behalf of County Commissioner Mary McCarty and County Commissioner Addie Green, Ms. Green in return presented a proclamation to the City of Delray Beach for winning the All America City Award. o CONSENT AGENDA: City Manager Recommends Approval. 8.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2001-02: Formally initiate Comprehensive Plan Amendment 2001-2 pursuant to Section 9.2.1 of the Land Development Regulations. 8.B. ACCEPTANCE OF UTILITY EASEMENTS/FOXE CHASE: Approve and accept a utility easement from Mario Shlesinger and from Michael and Michelle Kaufman, (Foxe Chase Lot 15 and Lot 16), for the installation of an 8" water main from the Hammock Reserve Project to Bridlewood Circle within the Foxe Chase Development. 8oCo ACCEPTANCE OF UTILITY EASEMENT/SPANISH WELLS CONDOMINIUM ASSOCIATION: Approve and accept a utility easement deed from Spanish -3- 07/10/01 Wells Condominium Association for the extension of a sanitary sewer main located in the Spanish Wells Subdivision to the new Valencia Court Development. 8.D. FINAL PLAT/VALENCIA COURT: Approve a final subdivision plat for Valencia Court, a proposed 6 lot subdivision, located on the north side of Old Germantown Road, east of the Spanish Wells Subdivision. 8.E. FINAL PLAT/RECTORY PARK: Approve the boundary plat for Rectory Park located on the southwest corner of the intersection of Atlantic Avenue and Swinton Avenue. 8.F. FINAL PLAT/FIDELITY FEDERAL BANK: Approve the final plat for the Fidelity Federal Bank located south of SE 1st Street between the Federal Highway pairs. 8.G. FINAL PLAT/WATERFORD PARK: Approve the final plat for Waterford Park located south of the intersection of Lindell Boulevard and SW 10th Avenue. 8.H. CONSENT TO SUBLEASE/MONTEREY HOUSE: Approve the Consent to Sublease for property known as the Monterey House between the Florida Department of State' s Division of Historical Resources (FDSHR) and the Delray Beach Historical Society (DBHS) for a one (1) year term ending August 1, 2002. 8oio POLICE SUBSTATION LEASE AGREEMENT/MDN LAKE IDA, INC: Approve the lease agreement between MDN Lake Ida, Inc. and the City of Delray Beach for a Police Substation located at 600 North Congress Avenue, Unit #420, for a term ending December 31, 2001. go Jo FUNDING AGREEMENT WITH PALM BEACH COUNTY/JP MORGAN TENNIS CHALLENGE: Approve an agreement between the City of Delray Beach and Palm Beach County for funding in the amount of $25,000 to help offset the City's costs associated with the JP Morgan Chase Tennis Challenge Event. 8.K. SECOND AMENDMENT/PALM BEACH COUNTY/WEED AND SEED PROGRAM: Approve the Second Amendment to the Interlocal Agreement between the City of Delray Beach and Palm Beach County for the Weed and Seed Program, extending the City's services as fiscal agent through September 30, 2002. 8.L. SERVICE AUTHORIZATION # 99-03/LAWSON, NOBLE & WEBB/SW AREA #3: Approve Service Authorization #99-03 in the amount of $66,677.26 with Lawson, Noble & Webb for improvement in the SW Area IH and NW 13th & NW 14th Avenue. Funding from 370-3162-541-65.59 (SW Area III/NW 13th & 14th Avenue). 8omo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2001 through July 6, 2001. -4- 07/10/01 g.N. AWARD OF BIDS AND CONTRACTS: Bid award to multiple vendors for the purchase of chemicals and fertilizers, via the City of Delray Beach Co-op Bid #2001-25 at an estimated annual cost of $183,000. Funding in the estimated annual cost of $69,000 from Parks and Recreation Operating Budget and in the estimated annual cost of $114,000 from the Delray Beach. o Municipal Golf Course and Lakeview Golf Course operating budgets. Approve the contract renewal with Office Depot via the Florida Atlantic University Agreement #OP A80 for the purchase and delivery of office supplies for an estimated annual cost of $126,350. Funding from various departments operating budget. Mr. Perlman moved to approve the Consent Agenda as modified, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 9.C. of the Regular Agenda. o REGULAR AGENDA: 9.C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Police Benevolent Association (Police Officers and Sergeants) for the three year period October 1, 2001 through September 30, 2004. At this point, Ms. McCarthy left the dais. Mr. Perlman moved to approve the ratification of the Collective Bargaining Agreement & Memorandum of Understanding between the City and the Police Benevolent Association for the three year period October 1, 2001 through September 30, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 0 vote. 9.D. RESOLUTION NO. 45-01: Consider approval of Resolution No. 45-01 which supports Amtrak passenger rail service between Jacksonville and Miami along the East Coast of Florida. The City Manager presented Resolution No. 45-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY -5- 07/10/01 OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND MIAMI ALONG THE EAST COAST OF FLORIDA; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 45-01 is on file in the City Clerk's office.) The City Manager explained the present plan is you would have to change trains in West Palm Beach. He stated there would be no stops on the FEC Railroad between West Palm Beach and Miami. At this point, Ms. McCarthy returned to the dais. Ms. McCarthy moved to approve Resolution No. 45-01 as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.E. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate voting delegate to the Florida League of Cities' 75th Annual Conference to be held at the Wyndham Palace Hotel & Spa, Lake Buena Vista on August 23-25, 2001. Mr. Perlman moved to designate Mayor Schmidt as a voting delegate to the Florida League of Cities' 75th Annual Conference to be held at the Wyndham Palace Hotel & Spa on August 23-25, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.F. PROPOSAL FOR SETTLEMENT ALWANI v. CITY: Consider a proposal for settlement in the Alwani v. City of Delray Beach case. The City Attorney is recommending filing this proposal for settlement in the amount of $45,000 from an incident which occurred between an automobile and a City fire truck. Mr. Perlman moved to approve the settlement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: -6- 07/10/01 10.A. ORDINANCE NO. 37-01 (SECOND READING/SECOND PUBLIC HEARING: An ordinance amending Land Development Regulations, Section 4.4.13 Regarding the Parking Requirements in the CBD zone district to accommodate required parking utilizing valet or tandem parking, and Section 4.6.9 establishing design standards and regulations for valet and tandem parking arrangements. 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 37-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL BUS1NESS (CBD) DISTRICT, SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(G)(1)(e), "SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUB SECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-01 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. There being no one from the public who wished to address the Commission on this issue, the public hearing was closed. -7- 07/10/01 Mr. Perlman moved to adopt Ordinance No. 37-01 on Second Reading/Second Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 10.B. PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A Public Hearing regarding the following actions relating to the proposed 4.6 acre mixed-use project located on Blocks 28 and 36 (Atlantic Grove), on the north side of West Atlantic Avenue, between NW 3rd and NW 5th Avenues: 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. Authorize the submittal of a $1.5 million Section 108 Loan Guarantee application to assist with the development of the 4.6 acre mixed use project (continued from the June 19, 2001 Commission Meeting). (It has been requested that ~is item be continued to a date certain of July 24, 200~,) Mrs. Archer moved to approve to continue the public hearing to a date certain of July 24, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public-Immediately Following Public Hearings. 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. With regard to roadside vendors on Lake Ida Road, the City Manager stated Code Enforcement officers have been checking the area on Saturdays. Also, Captain Gillard who is in charge of this district was alerted to the situation so the police patrol in that area could also be on the look out. The City Manager emphasized that roadside vendors are not allowed. With regard to the bus shelters, the City Manager stated the Metropolitan Planning Organization (MPO) has not yet released the applications. The City Manager explained they are awaiting the award of the Palm Tran bus shelter contract that will include a standardized design for shelters without advertising. This design can then be used by cities that do not want to create their own unique design. The City Manager stated the process will continue to be monitored and as soon as the applications are available the City will be filing them. 11.B. From the Public. -8- 07/10/01 ll.B.1. Alice Finst~ 707 Place Tavant, stated on behalf of the Homeowners' League of Chatelaine, she would like to extend compliments to the Code Enforcement officers. She recognized Tom Meteer and Susan Passero for doing an excellent job with the neighborhood. Secondly, Ms. Finst extended her appreciation to Jay Jambeck, Assistant City Attorney, in his efforts on behalf of the Homeowners' League of Chatelaine before Judge Wilkie Ferguson. Ms. Finst stated she hopes the City keeps hanging in there regarding Citrus Canker and stated it is a shame that 700 trees are being cut down in Delray Shores because we cannot seem to get our public rights established. She urged the Commission to continue supporting Mr. Jambeck in his efforts on behalf of the Homeowners' League of Chatelaine. Regarding the scheduling of events in Delray Beach, Ms. Finst stated on Thursday, June 28th there were numerous events scheduled that were all very important. Ms. Finst explained on June 28th there was Jazz on the Avenue, the Parks and Recreation Citizen Hearing at West Park Baptist Church, the CDBG Grant at Pompey Park Recreation Center, and the Charter Revision Committee at City Hall. Ms. Finst feels if someone wanted to be an informed citizen on June 28th they would have had a very difficult time running between these different locations. Ms. Finst stated it appears that the Historic Preservation Board (HPB) and the Site Plan Review and Appearance Board (SPRAB) are meeting at the same time on Wednesdays and suggested that the Commission stagger the meetings to alternate Wednesdays. Ms. Finst stated tomorrow evening HPB and SPRAB are meeting at City Hall and the Parks and Recreation study is being reviewed at the library. She suggested that staff come up with a calendar so that these important meetings can be scheduled and people can attend. Ms. Finst encouraged everyone to attend the SPRAB Board meeting tomorrow evening where the Vista Del Mar Hotel will be discussed. To construct this building as its been proposed with a 30 foot deep basement next to a zero lot line building, Ms. Finst inquired as to how this entire block is going to remain standing with the construction that is proposed for this area. Ms. Finst suggested that the public address system be fixed because she cannot hear the conversation coming from the dais. Lastly, Ms. Finst stated she has not seen anything posted about when the Budget Hearings are scheduled and her neighborhood has had no opportunity to put anything into the budget and would like to know when they will have the opportunity to do this. ll.B.2. John Bennett~ speaking on behalf of Progressive Residents of Delray (PROD), stated there have been reports in the newspaper about the affect of school concurrency since the builders out west are trying to claim all the money for schools. Mr. Bennett stated he is -9- 07/10/01 sure this is in good hands but would like to be reassured that we are looking after these schools particularly those in Delray Beach. Secondly, with regard to the budget, Mr. Bennett inquired about the City's pension situation. Lastly, Mr. Bennett stated he is concerned with the effort to wind up the Charter Revision Committee meetings so quickly when not much has been done in the aspect of making it readable. He feels there has been little effort to make it readable other than one or two phrases that have been pointed out as being particularly awkward. Mr. Bennett stated the original schedule called for meetings through November 1st and feels there is plenty of material to be addressed in the Charter. 11.B.3. Louis Martinez~ 506 Southridge Road, thanked the Commission for speeding up the construction for paving the roads in the Southwest area. However, Mr. Martinez stated there is still problems with the lots located next to his property that needs to be cut. He has notified the Code Enforcement division regarding the overgrown grass. Secondly, Mr. Martinez expressed concern about there not being proper lighting in his neighborhood and inquired about what procedure he should follow in order to get a light installed on an existing pole? Mr. Martinez stated he contact FPL and they informed him the City is responsible for putting in a new light. The City Manager stated he would have Mr. Barcinski, Assistant City Manager, look into this matter and then get back in touch with Mr. Martinez. Mayor Schmidt asked where the light pole is exactly located. Mr. Martinez stated the light pole is located between his house and two empty lots. Mr. Martinez reiterated that this area is much too dark and more street lighting is needed is this area. ll.B.4. Santalicio Martinez~ 506 Southridge Road, echoed comments expressed by his son. In addition, he pointed out that people drive too fast in this area and a sign should be posted to inform people to slow down. ll.B.5. Jim Smith~ 1225 S. Ocean Boulevard, stated he moved to Delray approximately eleven months ago and expressed the following concerns. One, Mr. Smith encouraged the Commission to keep up the good things they are doing throughout the City. He stated when he and his wife first moved to Delray they had certain expectations about what living here would be like and after being here for eleven months it has exceeded his expectations. Secondly, Mr. Smith asked the Commission to consider removing the graffiti on the sidewalk on Ocean Boulevard along the public beach (specifically meter #119). Mr. Smith stated he is not only concerned about the graffiti but is concerned that there appears to be no procedure for spotting this graffiti. Mr. Smith suggested that the City consider making a proclamation that the area on Ocean Boulevard becomes the "graffiti free zone". In addition, he -10- 07/10/01 suggested that the volunteers in the Police department (Citizens Observer Patrol) perhaps add to their job description to check the sidewalk each day and insure the graffiti is cleaned up the next day. Mr. Smith expressed concern over the "S" shaped curve where the Seagate Beach Club is located and feels this area is very dangerous. Mr. Smith stated people who are crossing from the west side of the street over to the east side of the street where the asphalt runs out have to step onto the City sidewalk. They do not cross at the traffic light but instead cross where the valet parking is for the beach club. Mr. Smith stated other areas along A-1-A where there is an "S" shape curve are clearly marked with traffic signs that read "slow" or "15 MPH". He feels a sign indicating "15 MPH" should be erected near the beach club because this area is a safety hazard. Mayor Schmidt stated the Engineering staff would look into this matter. ll.B.6. Helene "Cookie" Miller~ 2220 S. Ocean Boulevard #504~ stated she joined the Chamber of Commerce and volunteers approximately 10 hours per week. Ms. Miller stated Palm Beach County just completed roadwork a few months ago on Federal Highway and Linton Boulevard. However, Ms. Miller stated there is no street sign at the intersection that designates it is Linton Boulevard or Federal Highway. Ms. Miller respectfully urged the Commission to contact the County and ask them to erect a sign as soon as possible so our visitors as well as the citizens do not get lost. ll.B.7. Barry Silver~ Attorney representin;~ Delray Shores for Citrus Canker, thanked the City of Delray for getting involved in the litigation to try and protect the citrus trees. Mr. Silver thanked the City for "going out on a limb" in order to protect these citrus trees and especially thanked the City Attorney and Jay Jambeck for their efforts and hard work. Lastly, Mr. Silver congratulated the City for being one of the ten finalists and winning the All America City Award. At this point, the time being 7:25 p.m., the Commission moved back to Item 9.A. of the Regular Agenda. 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of the Site Plan Review and Appearance Board's action to deny a sidewalk waiver associated with a Class II Site Plan Modification for Ocean Hammock. Quasi- Judicial Hearing At this point, Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and -11- 07/10/01 public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department project file #2001-174. The subject property is located on the southwest corner of Pelican Lane and Ocean Boulevard. The Site Plan Review and Appearance Board (SPRAB) approved a site plan for Ocean Hammock Townhomes on September 27, 2000. The project, which is currently under construction, includes 10 townhomes which front on and take access from Pelican Lane. Pelican Lane has a 40 foot right-of-way, of which the north 10 feet is located within the Town of Gulf Stream and the south 30 feet, is located within the City of Delray Beach. Following the site plan approval for Ocean Hammock, the plans for reconstruction of Pelican Lane were modified to shift the pavement to the south so that the entire paved surface would be located with the City of Delray Beach. The waiver was denied by SPRAB on June 20, 2001. The applicant is now seeking an appeal to the SPRAB action. Staff presented the item to the Board and recommended denial since there are two additional alternatives to providing the sidewalk immediately adjacent to the curb and gutter, beyond eliminating the sidewalk. The first is to relocate the sidewalk to the north side of the street within the Town of Gulf Stream. The second alternative is for the applicant to provide an easement along the north side of the development, adjacent to Pelican Lane to allow the sidewalk to be located 5feet behind the curb and gutter. Staff's recommendation is to uphold the decision by the Site Plan Review and Appearance Board and deny the request for the sidewalk waiver, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). Catv Glicksteim President of Ironwood Properties~ stated he is not objecting to the sidewalk because it was in the original plan. However, Mr. Glickstein stated the problem now is they have compressed the area within which to do a lot of the things required for these homes. Mr. Glickstein stated the sidewalk is not good for this development. There is a very steep grade change on the property, which has been alleviated to some degree in connection with improving the drainage improvements on that entire road. In an effort to create a safety area, he stated in his view what is actually being created is a relatively unsafe condition with quite a bit of up and down undulation in a relatively short area. Mr. Glickstein reiterated that in trying to alleviate safety concerns in a general sense, sidewalks are good. However, Mr. Glickstein stated they are creating some site specific problems which warrant the waiver request. Furthermore, Mr. Glickstein stated the people that have purchased in this community do not want the sidewalks. -12- 07/10/01 There being no one else who, having been duly sworn, wished to address the Commission on this issue, the public hearing was closed. Mayor Schmidt stated that he noticed on the site plan the right-of-way for Pelican Lane is only 40 feet and asked if there was any reduction granted for that? In response, Mr. Costello stated for existing streets during the site plan review process the Development Services Management Group has the authority to reduce the right-of-way width. Typically, Mr. Costello stated 60 feet would be required but due to the fact that they were going to be able to deal with the reconstruction of Pelican Lane and put the sidewalk only on one side there was no reason for additional dedication. As noted by Mr. Glickstein, Mr. Costello stated through the reconstruction process there were changes made and this is the reason for the 5 foot sidewalk easement which prevented having to move the buildings back. Mr. Glickstein noted that there has never been a sidewalk on Pelican Lane prior to the reconstruction. In checking with the Police Department, other than periodic flooding on that street, there has never been a traffic incident involving a pedestrian. Mayor Schmidt expressed concern over the reduced right-of-way on that street and stated he would have to support the recommendation by the Site Plan Review and Appearance Board to deny the waiver. Mrs. Archer agrees with Mayor Schmidt and expressed concern over the reduced 5-foot right-of-way. She feels the fact that there will be homeowners' on this street will induce more traffic to the street not only from the homeowners' but also from people cutting through. Therefore, Mrs. Archer stated she supports the sidewalk as well. Mr. Glickstein stated that in all areas you get into a safety esthetic issue and stated the entire Barrier Island has no sidewalks. Mr. Glickstein stated the 30-unit hotel that was previously there generated far more traffic then this will ever generate given that the people who bought there none of them do not live here year round. Mrs. Archer moved to deny the request for the sidewalk waiver, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion to deny passed with a 4 to 0 vote, upholding SPRAB's decision. 9.B. CONDITIONAL USE REQUEST: Consider a conditional use request to allow the establishment of an assisted living facility for Mil-Atlantic, located on the west side of Military Trail approximately 650 feet south of West Atlantic Avenue. Quasi-Judicial Hearing Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. -13- 07/10/01 The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department project file #2001-167. Mr. Costello explained that this is a Conditional Use request to establish an Assisted Living Facility (ALF), Independent Living Facility (ILF), and Adult Day Care for a project known as Mil-Atlantic. The City Commission on January 5, 1999 previously approved this development, with an approval period of eighteen (18) months. The facility was not constructed and a timely extension request was not submitted and the approval has expired. At its meeting of June 18, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. The Board voted 4-0 to recommend that the Conditional Use request to establish an ALF/ILF, and Adult Day Care for Mil-Atlantic be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following revised conditions of approval: That the ALF/ILF be limited to 230 units (310 beds), and the Adult Day Care to fifteen (15) patients; o That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan; That a 30' wide road easement be provided parallel to the north property line, which does not contain any back-out parking; and, o That a wall be provided along the south and west property lines where it abuts the single-family subdivisions, unless an alternative is suggested by the City Horticulturist with respect to saving the majority of the trees. Mr. Costello stated staff is recommending approval of the Conditional Use request to establish an ALF/ILF, and Adult Day Care for Mil-Atlantic based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. -14- 07/10/01 Phillip Perlman, mana~in~ partner of the owner & developer of the property Mil-Atlantic, stated this property was approved as an Assisted Living Facility (ALF) previously. The financing slowed them down and therefore they ran out of time and thus this is why the applicant is reappearing before the Commission. Mr. Perlman stated this is a less intense use then what was previously approved. Furthermore, Mr. Perlman stated the open space is in excess of the code requirement, lot coverage is less than the code requirement, they exceed the parking requirements and setbacks, and there are no variances with regard to open space, landscaping, parking setbacks and the like. Mr. Perlman feels there is a great need for this facility and respectfully requests approval from the Commission. Mayor Schmidt asked if Mr. Perlman agrees with the four conditions as listed in the Planning and Zoning Staff Report? The applicant stated he agrees with the four conditions as listed. There being no one else who, having been duly sworn, wished to address the Commission on this issue, the public hearing was closed. Commissioner Perlman stated for the record that there is no relation between he and the applicant. He commented about this development proposal being approved in January 1999, and then there was 18 months that went by and the development was not constructed. Commissioner Perlman asked if this would actually be developed at this point? Mr. Phillip Perlman stated he is hopeful that this will move forward because of the financing conditions of the market. Ms. McCarthy stated she can vouch for the fact that financing for these types of facilities were a little stagnated and the government is being much more proactive in making things successful as far as being able to obtain these funds. Mr. Perlman moved to approve the Conditional Use request subject to the conditions recommended by the Planning and Zoning Board, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 0.G. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one member to the Downtown Development Authority to fill an unexpired term ending July 1, 2002. The appointment will be made by Commissioner Perlman (Seat #1). Commissioner Perlman moved to appoint Richard McGloin as a member to the Downtown Development Authority to fill an unexplored term ending July 1, 2002, 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. 0oHo APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint -15- 07/10/01 the following members to the Nuisance Abatement Board; three (3) regular members with term ending March 31, 2003 and one (1) regular member with an unexpired term ending March 31, 2002. Also appoint two (2) alternate members with term ending March 2003. The regular member appointments will by made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat #1), and the alternate members by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). Via a letter from Mr. Levinson he stated he wished to appoint Robert A. Gillespie as a regular member to the Nuisance Abatement Board to fill a vacancy with the term ending March 31, 2003. Mr. Perlman so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mrs. McCarthy moved to appoint Evelyn Dobson as a regular member to the Nuisance Abatement Board for a term ending March 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Mayor Schmidt stated he wished appoint Jose Ramirez as a regular member to the Nuisance Abatement Board for a term ending March 31, 2003. Ms. McCarthy so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. Mr. Perlman moved to appoint Marilyn Alford to the Nuisance Abatement Board as a regular member for an unexpired term ending March 2002, 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. Mrs. Archer moved to appoint John Miller, Jr. as an alternate member to the Nuisance Abatement Board as an alternate member with a term ending March 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Via letter, Mr. Levinson stated he wished to appoint Vera M. Scott as an alternate member to the Nuisance Abatement Board as an alternate member with a term ending March 2003. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 38-01: An ordinance rezoning from RM (Medium Density -16- 07/10/01 Residential) to Fisler Property hearing will be CF (Community Facilities) for the First Presbyterian Church and the abutting located on Gleason Street south of East Atlantic Avenue. If passed, a public scheduled for July 24, 2001. Quasi-Judicial Hearing The City Manager presented Ordinance No. 38-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO CF (COMMUNITY FACILITIES) ZONING DISTRICT, SAID LAND BEING A PARCEL OF LAND LOCATED SOUTH OF EAST ATLANTIC AVENUE AND EXTENDS WEST OF GLEASON STREET AND EAST OF BRONSON AVENUE AND CONTAINS 3.5 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-01 is on file in the City Clerk's office.) The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department project file #2001-164. The First Presbyterian Church was originally founded in 1924 and was the first church to be built east of the Intracoastal Waterway. The original structure (which was designated to the Local Register of Historic Places by the City Commission on November 16, 1999) remained the Presbyterian sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west of the original building. After the construction of the new sanctuary, the original building became the congregation Fellowship Hall. At its meeting of May 15, 2001, the City Commission approved the abandonment of that portion of Bronson Avenue lying adjacent to the church. The vacated right-of-way has been incorporated within the church's campus. At its meeting of June 18, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the -17- 07/10/01 proposal, the Board voted 4-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Staff is recommending approval on first reading of the ordinance for a zoning designation change from RM (Medium Density Residential) to CF (Community Facilities) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. There being no one who, having been duly sworn, wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 38-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney stated she had a nice vacation. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer stated she had a nice vacation and commented that the biggest highlight of her vacation was when she was in Atlanta watching the All America City Presentation. Mrs. Archer stated anyone who has ever said anything about not making the opportunity to present for the All America City Award has in her opinion never attended a presentation. She feels just the act of making the presentation (winning or not) is enough to encourage such pride in our City. Secondly, Mrs. Archer stated she is very proud of the Delray Beach Youth Basketball Team players and feels they did a wonderful job. She stated it is such a pleasure to see so many kids involved in the program and spending their time in a constructive manner by participating in sports. -18- 07/10/01 Mrs. Archer commented that she would very much like to see the bronze bust of Spencer Pompey placed at Old School Square since this is the center of our City. 13.C.2. Commissioner Perlman Mr. Perlman echoed comments expressed by Commissioner Archer regarding the All America City presentation in Atlanta. Mr. Perlman stated it was an incredible experience to attend the presentation. With regard to whether or not we should always do these types of things and whether or not it is worth it, Mr. Perlman stated Nilsa McKinney described it best when she put into words "the worst thing that can happen is that you have a bonding experience". Mr. Perlman stated Delray Beach hit the heartstrings and feels very proud of our City. Mr. Perlman announced a local artist is going to be doing a bronze bust of Spencer Pompey and they are looking for a home for the bust. Mr. Perlman stated the work would begin next Monday and Tuesday and invited everyone to come and look at the project. Mr. Perlman commented that Spencer Pompey is a living legend and feels there could not be a more worthwhile person to sculpt. Furthermore, Mr. Perlman suggested that Pompey Park would be the most appropriate location for the bronze bust of Spencer Pompey. Mr. Perlman stated on Friday, July 13th, as a continuance of the MacArthur Grant there is a delegation of approximately six people who will be traveling to Kansas City to share experiences about this project and to learn more about connecting communities. Mr. Perlman stated there will be several other major foundations in attendance and is hoping to get additional contacts and additional grants. 13.C.3. Commissioner McCarthy Ms. McCarthy stated she was in attendance at the All America City Competition in Atlanta as well. Ms. McCarthy noted this is the first time she has ever attended in person and commented that it was an extremely emotional experience and well worth attending. In addition, Ms. McCarthy stated she is very proud of our City. Secondly, Ms. McCarthy stated she was in the Delray Shores neighborhood this weekend trying to prepare the citizens for what was going to begin at 8:00 a.m. on Monday morning. Ms. McCarthy stated the citizens want to thank the City for at least trying and not ignoring their concerns. With regard to the Kansas City trip on Friday, Ms. McCarthy reminded Mr. Perlman to keep in mind economic dollars for businesses. Ms. McCarthy stated she would like to see the bronze bust of Spencer Pompey located where it will be more visible because she feels he is a hero for the entire City. 13.C.5. Mayor Schmidt -19- 07/10/01 Mayor Schmidt stated other than winning, the bonding process that went on in Atlanta was the most enjoyable part of the presentation. Secondly, Mayor Schmidt stated he and Vice-Mayor McCarthy were at the Community Child Care Center today for a presentation and noted the center received a grant in the amount of $15,000 from the Publix Foundation for their visual arts center. From the way the Publix representative was embracing the kids, Mayor Schmidt stated he has a feeling there may be some additional money forthcoming from Publix. At this point, the time being 7:55 p.m., Mayor Schmidt adjourned the regular meeting to the closed attorney/client session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.286.011(8) regarding the case of City of Delray Beach v. Florida Department of Agriculture and Consumer Services and Terry L. Rhodes, in her capacity as Commissioner of Florida Department of Agriculture and Consumer Service, Case No. CL 01-2707 AD. Attendees: Mayor David Schmidt Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman City Manager David T. Harden City Attorney Susan Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purpose: The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011 (8) in the case of City of Delray Beach v. Florida Department of Agriculture, et al. The estimated length of the closed session shall be 20 minutes. Mayor Schmidt read the following statement for the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of City of Delray Beach v. Florida Department of Agriculture, et al. The estimated length of the closed session shall be 20 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Patricia Archer, Alberta McCarthy, Jeff Perlman and City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." At this point, the time being 8:15 p.m., Mayor Schmidt reconvened the regular meeting and announced that the closed session was terminated. 14.A. DISPOSITION OF THE CASE OF THE CITY OF DELRAY BEACH V. THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES -20- 07/10/01 Mr. Perlman moved to voluntarily dismiss the State case and proceed to challenge the rule in conjunction with others, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. at 8:16 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting of July 10, 2001, which minutes were formally approved and adopted by the City Commission on Acting 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. -21- 07/10/01 Mr. Perlman moved to voluntarily dismiss the State case and proceed to challenge the rule in conjunction with others, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. at 8:16 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting of July 10, 20¢1, which minutes were formally approved and adopted by the City Commission on Acting 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. -21- 0 7/10/01