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08-21-01AUGUST 21~ 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, August 21, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - Assistant City Manager Robert A. Barcinski City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Deputy City Clerk Angela Wong o Reverend Neil Hickem with First Baptist Church delivered the opening prayer. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mr. Levinson inquired about the Special Event Request for Skate the Sunshine State and noted that the charity is Vanderbilt University. Mr. Levinson inquired about when the City is asked to support a charity event and the funds are going out of state does the City have a policy regarding this? In response, the City Manager stated the City does not have a policy regarding this issue. With regard to the bids and contracts, Mr. Levinson stated there were two in- house projections on those bids that were very low. Mr. Levinson asked whether or not the City is current with regards to our internal staff being able to estimate these because all three bids were low; two of those bids being extremely low. The City Manager stated he would be glad to look further into this matter and bring back to the Commission. Mr. Perlman moved to approve the Agenda as presented, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. -1- 08/21/01 5. APPROVAL OF MINUTES: Mayor Schmidt noted a typographical error to page 18 of the Minutes from the Regular Meeting of August 7, 2001. In the last paragraph from the bottom the word "Manger" should read "Manager". Mrs. Archer moved to approve the Minutes of the Regular Meeting of August 7, 2001 as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to approve the Minutes of the Special Meeting of August 14, 2001 as presented, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: OF NOTE: 6oAo Prostate Cancer Awareness Month - September 2001 Mayor Schmidt noted a proclamation hereby proclaiming September 2001 as Prostate Cancer Awareness Month. ° PRESENTATIONS: 7oAo Kathleen Daley, Lobbyist - 2002 Legislative Agenda Kathleen Daley, City Lobbyist, congratulated the City Commission and staff for winning the All-America City Award. Ms. Daley stated she has received comments and requests from the City Manager's office regarding what the Commission would like to see addressed. Ms. Daley stated she looks forward to reviewing the Visions 2010 document and see is looking forward to reading more documents that are forthcoming. After she reads the other documents, Ms. Daley stated she would compile the information into a study or list for the Commission. Regarding the timetable before the session begins, Ms. Daley stated everyone knows this is redistricting year and the session will begin the third week of January. The committee meetings will start in September and will go through December; then they will go right into the session in the month of January. At this point, Ms. Daley recognized State Representative Bill Andrews and stated he is a good member and they work well together. -2- 08/21/01 Ms. Daley suggested holding a Special Workshop Meeting on Wednesday, September 19, 2001, and invited local delegation to give their input whether they feel something is reasonable or not. Ms. Daley stated the major issue everyone is facing is redistricting. She stated many members are turned out and they want Congregational seats or many house members are turned out and want Senate seats. Ms. Daley stated usually in the House there are interim projects that most committees work on. Each committee submits a list of things and some committees have received a full-blown rejection and some have not been answered yet. Ms. Daley stated she has been waiting to receive these interim projects from some of these committees but does not really know what they are. All the Community Affairs, which most local government issues go through, were rejected. However, Ms. Daley stated they resubmitted different projects. Ms. Daley stated that they will focus on what needs to be done, redistricting and funding issues. With regard to the Community Redevelopment Agency (CRA), Ms. Daley stated they are looking to redo the CRA and commented that CRA's are very different around the State. Ms. Daley stated she would need the City's input on what they would like do regarding the CRA. Ms. Daley stated water issues would be a big issue because of what is going on with water statewide. With regard to grants during the water process, Ms. Daley stated the legislature has put together a Water Advisory Panel and those who want to get water projects must submit an application. Ms. Daley stated this is legislatively awarded and stated any water projects the City may have needs to be narrowed down and the applications need to be submitted to the appropriations committee as soon as possible. Ms. Daley stated last year with all good intentions the City of West Palm Beach tried to pass a special tax for revenue sharing. Ms. Daley explained if this had passed the City of Delray Beach would have received less money in the revenue sharing. With regard to the communication between she and the Commission, Ms. Daley noted that as far as reporting to the Commission she wrote in her contract that she is willing to make conference calls, send the Commission monthly and/or weekly reports. Ms. Daley stated she is here to accommodate the Commission and will do whatever the Commission requests of her. Ms. Daley suggested that there be a joint meeting between Mike Langton, with Langton Associates, the CRA, the DDA and anyone in the community who is requesting any grants. Ms. Daley stated she would be happy to attend any community meetings the Commission feels are important for her to do so. Ms. Daley announced that Palm Beach County Day is January 22, 2002 and invited everyone to attend. Lastly, Ms. Daley stated if staff or anyone in the community needs to get in touch with her, she has an open door policy and the City Manager's office has all the numbers where -3- 08/21/01 she can be contacted. Mr. Perlman asked Ms. Daley when they will be hearing about another Senate seat being added in Palm Beach County, which is a high priority of the Delray Beach Chamber of Commerce and other businesses. Ms. Daley stated this is a countywide concern and stated on Wednesday, September 5, 2001 at 4:00 p.m. the Redistricting Committee will be coming to Palm Beach County and will hold a public hearing. With regard to the City's wish list for funding, Mr. Perlman stated if the Commission needs to do things for the agencies, does Ms. Daley feel it would helpful to write, call or visit in order to help the Commission work the maze of Tallahassee. Ms. Daley stated she feels it is a good idea for the Commission to come to Tallahassee if they are willing to do so. Mr. Levinson stated the League of Cities asked for all the cities to put in their wish lists with the League of Cities. Therefore, Mr. Levinson stated that this way they can be consolidated if there were commonalties then they would make it a League priority. Ms. Daley stated the Commission may also want to consider inviting Jamie Titcomb, Palm Beach County League Executive Director, to attend the Special Workshop Meeting of September 19th. go CONSENT AGENDA: City Manager Recommends Approval. 8.A. INITIATION OF COMPREHENSIVE PLAN TEXT AMENDMENT RELATING TO SCHOOL CONCURRENCY: Approve the initiation of Comprehensive Plan text amendment relating to school concurrency. Pursuant to LDR Section 9.2.1, the City Commission must formally initiate amendments to the Plan. 8.B. HOLD HARMLESS AGREEMENT/BOSTON'S ON THE BEACH: Approve a Hold Harmless Agreement associated with the installation of an awning at Boston's on the Beach. The property is located at 40 South Ocean Boulevard, on the west side of Ocean Boulevard just south of East Atlantic Avenue. 8.C. HOLD HARMLESS AGREEMENT/SOPRA RESTAURANT: Approve a Hold Harmless Agreement associated with the installation of awnings at SOPRA Restaurant. The property is located at 110 East Atlantic Avenue, on the south side of Atlantic Avenue between SE 1st Avenue and SE 2nd Avenue. 8.D. SERVICE AUTHORIZATION#24/DAVID MILLER (YOUTH TEEN CENTER): Approve Service Authorization #24 with David Miller in the amount of $22,000.00 for consulting services renovations to the Youth Teen Center. Funding is available from 334- 611-572-62.09 (General Construction/Youth Teen Council). 8oto SPECIAL EVENT REQUEST/ ?TH ANNUAL DELRAY BEACH STREET CRAFT FESTIVAL: Approve a request for special event to hold the 7th Annual Delray Beach Street Craft Festival on September 22' and September 23, 2001, including a temporary use permit, and approval of police security with the sponsor paying all police overtime costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. -4- 08/21/01 8.F. SPECIAL EVENT REQUEST/SKATE THE SUNSHINE STATE: Approve a request to endorse an event called the Skate the Sunshine State which will pass through Delray Beach on Saturday, November 17, 2001, including a temporary use permit per LDR Section 2.4.6(H) for the use of Anchor Park as a pit stop are, and approval of staff assistance for escorting the skaters through town and trash pick up. Approval is contingent upon receipt of a hold harmless agreement and certificate of insurance. 8.G. SPECIAL EVENT REQUEST/COLUMBUS DAY: Approve a request to endorse the 2nd Annual Columbus Day Italian Fiesta sponsored by the Order Sons of Italy in America Lodge #2719, to be held on October 13, 2001, including staff assistance for traffic control and security, and trash removal and clean up. Approval is contingent upon receipt of hold harmless agreement and certificate of insurance. Event sponsor paying 50% of overtime. g.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 6, 2001 through August 17, 2001. g.I. AWARD OF BIDS AND CONTRACTS: Contract renewal for one year to Commercial Chemical for the purchase of Sodium Hypochlorite at an estimated annual cost of $20,240.00 for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (W&S/Chemicals). o Housing Rehabilitation grant awards through Community Development Division Housing Rehabilitation Grant in the amount of $19,026.00 to South Florida Construction for 1412 SW 4th Street, $21,078.75 to Hatcher Construction for 44 NW 8th Avenue, and $20,265.00 to South Florida Construction for 133 SW 8th Avenue. Funding in the total amount of $60,369.75 is available from 118-1924-554-49.19 (SHIP Rehab Program). Mr. Perlman moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, the City Attorney stated there has been an appeal filed on the Site Plan Review and Appearance Board (SPRAB) action regarding Vista Del Mar. o REGULAR AGENDA: 9oao AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 2001 through September 30, 2002 in the amount of $48,000.00 with funding from 001-1111-511-34.90 (City Commission - Other Contractual Services). Robert A. Barcinski, Assistant City Manager, stated this is the Agreement for -5- 08/21/01 Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2001 to September 30, 2002 in the amount of $48,000 with funding from the City Commission account. Mr. Barcinski stated the amount of the agreement is the same as it has been the last several years. There have been some additions to clarify some of the duties and functions included in the document. For example, written reports every two weeks during session and once a month out of session. Meetings are specified that Ms. Daley would attend at the Commission's request as well as the development of the City's legislative platform. Mayor Schmidt stated because of the short nature of the session, he would like to see Ms. Daley's reports weekly instead of every two weeks. Ms. Daley stated she would be happy to do this and noted that she will be posting as much as possible via e-mail addresses. Mr. Levinson moved to approve the Agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 2001 through September 30, 2002, in the amount of $48,000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. LICENSE AGREEMENT/FLORIDA TELEPORT INC.: Consider approval of a License Agreement with Florida Teleport Inc. (FTI) in order to accommodate the landing of undersea cable and use of City infrastructure for placement of cable. The term of the agreement is for fifty (50) years. The City Attorney noted the revised pages 7, 9, and 10 and stated it is her understanding these revised pages are accepted by Mr. Dave Brache, Chief Executive Officer. Brian Shutt, Assistant City Attorney, read the following revisions as listed on page 7, paragraph #10 - Installation of Cable: "t~-FTI fa:~!s to shall install Cable in t4~e City Infrastructure by January 1, 2003. If FTI hils to do so, FTI shall make payment to the City in the amount of $50.000.00 which shall be due on January 1, 2003. and annually thereafter; provided, however, if the City determines, in its sole discretion, that FT! failed to install Cable in City Infrastructure or beach manholes by January 1, 2003 because of events beyond the control of FTI, the City, in its sole discretion, may or may not extend the payment date. If by January 1, 2005, FT! has not installed Cable in City Infrastructure or the beach manholes, the City, in its sole discretion may declare this Agreement null and void." Mr. Shutt read the following revisions into the record as listed on page 9 and 10, -6- 08/21/01 paragraph #16 - Default: "If FTI fails to make payment to the City as required under the terms and conditions of this Agreement or if FT! abandons its Facilities or fails to maintain its Facilities and if the following occurs: either the appointment of a receiver to take possession of all or part of the assets of FT! or a general assignment by FT! for the benefit of creditors or any action taken or suffered by FT! under any insolvency or bankruptcy act during the term of this Agreement, then, at City's election, be deemed a breach of this agreement." "If FTI fails to make payment to the City as required, and during the term of this Agreement, FT! is adjudicated bankrupt or insolvent or takes the benefit of any federal reorganization or composition proceeding, makes a general assignment, or takes the benefit of any insolvency law; or in the event of abandonment or desertion by FTI; or if this License Agreement is transferred or passes to or devolves upon any persons, firms partnerships or corporation other than FT! by operation of law or otherwise, then these events may constitute a default under this Agreement, as determined by the City in its sole discretion, in which the City could avail itself of all remedies herein reserved or otherwise available by law." Mr. Shutt stated this clarifies that if FTI goes into bankruptcy or seeks any sort of stay in bankruptcy and if FT! fails to make payments to the City or if they abandoned their facilities in the City's Infrastructure, then, it is at the City's election whether or not to terminate the agreement. Ms. McCarthy moved to approve the License Agreement with Florida Teleport with the revisions as presented by the Assistant City Attorney, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.C. CONTRACT AWARD TO LUXURY LIMOUSINE SERVICE, INC.: Consider approval of a contract award to second low bidder, Luxury Limousine Service, Inc. for an annual contract for bus rental and driver service for the Parks Department at an estimated annual cost of $128,547.00. Funding is available in FY 2002 Budget from 001-4106-572-44.90 (Summer Camp), 001-4121-572-44.90 (Special Events), 001-4105-572-44.90 (After School) and 115-4912-572-55.30 (Rocks Football). Joseph Weldon, Director of Parks and Recreation, stated the City received three bids for the bus service contract. The apparent low bidder was Quality Transportation Services, Inc. but they did not meet the minimum specifications. Mr. Weldon stated there are three sites with a Junior and Senior camp at each one. There are 55 children in each camp and at least four -7- 08/21/01 supervisors that go on the bus trips. Therefore, Mr. Weldon stated the Parks and Recreation Department needs a minimum 59 capacity bus to accommodate all 59 passengers. Mr. Weldon stated it is staff's recommendation to award the bid to the Luxury Limousine Service, Inc. (second/ow bidder) in the amount of $128,547. Mayor Schmidt commented that there is a substantial difference in the bids and questioned whether or not Quality Transportation Services, Inc. was advised after the bids were open that they did not meet the specifications and were they give an opportunity to correct that? In response, Mr. Weldon stated the City has used Quality Transportation Services, Inc. in the past and cancelled their contract because the City was dissatisfied with their service. Mr. Weldon stated Quality Transportation Services, Inc. was not give the opportunity to correct it because they did not meet the minimum specifications. Mr. Levinson stated on the materials provided to the Commission regarding Luxury Limousine Service, Inc., they did not identify that they were using 59 passenger buses. Roger Ribiero, Recreation Superintendent, stated he was informed by Coach USA that they do provide 59 passenger buses. The City Manager stated to his understanding all of the companies listed on the last page are the companies, which provide vehicles to Luxury Limousine Service, Inc. Mr. Weldon stated that this is correct. Mr. Perlman moved to approve the contract award to Luxury Limousine Service, Inc. (second/ow bidder) in the amount of $128,547.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.D. LEASE AGREEMENT/WEED AND SEED: Consider approval of a lease agreement between the City and Weed and Seed for office space at 200 NW 1st Avenue (City Attorney's Office). The term is for one (1) year, with a one-year renewal. Robert A. Barcinski, Assistant City Manager, stated this is a request to approve a lease agreement for a period of one year with a one-year renewal between the City and Weed and Seed for office space located at 200 N.W. 1st Avenue. Mr. Barcinski stated an amended lease agreement has been provided to the Commission and noted that there has been a change to paragraph #9 to make this in line with the lease agreement they currently have with their current space. The payment is $550 per month and they will have three office spaces with a restroom in this space. With regard to how staff arrived at the amount of $550, the City Manager stated this is to cover the utilities, other maintenance, and to recover the City's capital costs. The City Manager stated Weed and Seed is an agency doing work in the City. However, the City Manager explained there are costs involved from making the space ready for them. Therefore, -8- 08/21/01 over the two-year period the City would get back what they spent to bring this space up to a usable condition. Mr. Levinson asked if there is an issue with document security? In response, the City Attorney stated part of the renovation is to secure the office. Mr. Barcinski reiterated the City Attorney's comments and stated the renovations include doors being closed, adding insulation both in the wall and overhead, new carpeting, and the restroom. Ms. McCarthy moved to approve the lease agreement between the City and Weed and Seed for office space at 200 N.W. 1st Avenue (City Attorney's office) as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oEo RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Robert Costin as the Community Redevelopment Agency (CRA) representative on the Parking Management Advisory Board to fill a two (2) year term ending July 1, 2003. Mr. Perlman moved to approve and ratify the appointment of Robert Costin as the Community Redevelopment Agency (CRA) representative on the Parking Management Advisory Board to fill a two-year term ending July 1, 2003, 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. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oFo RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Elaine Morris as the Planning and Zoning Board representative on the Parking Management Advisory Board to fill a two (2) year term ending August 31, 2003. Mr. Levinson moved to approve and ratify the appointment of Elaine Morris as the Planning and Zoning Board representative on the Parking Management Advisory Board to fill a two-year term ending August 31, 2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members and two alternate members to the Board of Adjustment for two-year terms ending August 31, 2003. The appointment of the regular members will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). Commission McCarthy (Seat #4) and Mayor Schmidt (Seat #5) will make the appointment of the alternate members. Mrs. Archer moved to reappoint Bernard J. Federgreen (incumbent) as a regular member to the Board of Adjustment for a two-year term ending August 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed -9- 08/21/01 with a 5 to 0 vote. Mr. Levinson moved to reappoint Randee Schatz (incumbent) as a regular member to the Board of Adjustment for a two-year term ending August 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to appoint Jullian M. Woelkens as an alternate member to the Board of Adjustment for a two-year term ending August 31, 2003, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to appoint Clifford Torres as an alternate member to the Board of Adjustment for a two-year term ending August 31, 2003, 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. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. ll.B.1. Jean Beer~ 2145 S.W. 26th Terrace~ thanked the City Manager and the Planning and Zoning Department for providing a map to her of all the properties in the City that do not contribute to City taxes. Mrs. Beer displayed a copy of the map to the Commission and stated perhaps an analysis needs to be done when looking at the tax base by taking out the CRA and find out what is left to meet the ever-increasing needs of the operating budget. ll.B.2. Bill Schwartz~ 3863 Live Oak Boulevard~ stated after Ms. Beer's presentation he now realizes that since we have so much exempt property, it means it takes more for the rest of the taxpayers to make up for. Secondly, Mr. Schwartz commented about the valet parking on Atlantic Avenue and in the Pineapple Grove area. Mr. Schwartz stated looking to our neighboring communities; almost exclusively there is no charge for valet parking. Mr. Schwartz stated this is because the restaurant operators pay for the valet parking or the valet firms that do this work on gratuities. Mr. Schwartz stated he feels it was of little consequence when the parking fee was $2.00. However, he feels when the parking fee is raised to approximately $5.00 to park, this is big City time and is not for the "Village by the Sea". Regardless of whether or not people can afford this fee to park, Mr. Schwartz stated people should not have to pay the parking fee for the benefit of the restaurateur who would like to have that kind of service. In addition, Mr. Schwartz stated he resents the fact that the valet parking firms take up an enormous amount of parking spaces on Atlantic Avenue and commented that most of the time those spaces are vacant. Mr. Schwartz -10- 08/21/01 feels it is unfair to those people who do not wish to use valet service and stated the City is loosing that parking. Mr. Schwartz stated parking is a paramount interest and concern in our downtown district and is vital for survival. Mr. Schwartz stated this issue needs some serious looking into even though it may not be one of the major issues of priority for the Commission. ll.B.3. JoAnn Peart~ 107 N.W. 9th Street~ stated last evening she spoke for the Lake Ida Property Owners' Association and the Board asked her to speak against changing the zoning to allow homeless shelters in Delray Beach. Mrs. Peart stated Palm Beach County has the most rehabilitation facilities in the State and within the County, West Palm Beach and Delray Beach have the most facilities. Mrs. Peart stated Delray Beach is also one of two cities that is the magnet for Haitian refugees and in her opinion feels the word "refugee" means one is also homeless. Mrs. Peart stated Delray Beach has other facilities such as Crossroads, the South County Mental Health Facility along with 45-75 unlicensed residential facilities in the neighborhoods of social services that Delray Beach provides. Ms. Peart suggested that the Commission take time and study to see if there is an absolute need for a homeless facility. Ms. Peart asked how many times the Police Department really has someone that truly need shelter or help in a week or month whom they cannot find shelter for and stated she would like to see the numbers for this. Mrs. Peart urged the Commission to look into other alternatives such as teaming up with the Palm Beach County Homeless Coalition and asked that the City make every attempt to keep the community balanced. ll.B.4. John Bennett~ 137 Seabreeze Avenue~ as a follow up to Mr. Schwartz's comments, Mr. Bennett stated when the valet queue in front of Yama's it was free if you went to Yama's or $3.00 otherwise. Mr. Bennett stated remembering back when he was a young urban professional in Washington, D.C. and also New York, there were parking garages. Mr. Bennett explained that you would take your ticket to whatever restaurant you were going to and they would validate the ticket and thus you would not pay to park. However, Mr. Bennett stated it seems that the restaurants here view this as a profit center. Mr. Bennett asked what does the sticker that vegetative maintenance is suppose to get if they work in lawns that has citrus trees. Mr. Bennett stated he noticed a number of different firms around his neighborhood working out of yards with citrus that do not appear to have any sticker on them. Mr. Bennett asked for a description of the sticker so he knows what he is missing or not missing. Secondly, Mr. Bennett asked how many of these stickers have been purchased by landscaping/maintenance firms. Lastly, Mr. Bennett asked why the agenda appears to be getting less informative rather than more. Mr. Bennett stated approximately two years ago if a special event was listed, the name of the street would be listed and the street the City intended to be closed. Mr. Bennett stated unless someone goes to the City Clerk's office and reads the agenda backup, there is no way of knowing where the special event is going to be with the exception of the special event held at Anchor Park. ll.B.5. Jim Smith~ 1225 S. Ocean Boulevard~ thanked everyone involved for cleaning up the graffiti along Ocean Boulevard and stated it looks wonderful. However, he asked that two other concerns regarding the graffiti be addressed. Mr. Smith suggested that the City use the -11- 08/21/01 Citizen Observer Patrol (COP) as spotters. Mr. Smith stated the reason for this is the graffiti team only works on the graffiti removal and spends no time on the spotting. Mr. Smith stated it gives the City a valuable double check that the graffiti has been cleaned up and commented that graffiti only attracts more graffiti. In conclusion, Mr. Smith reiterated that he would like the City to claim this area as a "graffiti free zone". Mr. Smith reiterated the public safety concern regarding the Seagate Beach Club. If the City has not already done so, Mr. Smith encouraged the Commission to send the Police Chief there to explain the situation that people cannot make a left-hand turn because people are going to get hurt. Mr. Smith feels it is very simple to move the valet parking service for the Seagate Beach Club across the street. Mr. Smith suggested the following proposed change in the pre-printed agenda to read as follows: "At the conclusion of the public comments, the Commissioners or City Manager may respond to citizens complaints or suggestions. In the event that the Commissioner or City Manager needs additional time for research before they can answer a suggestion or a complaint, that the item will be carried forward as an unfinished item and identified as such in the next pre-printed Commission Meeting Agenda until it is addressed." Mr. Smith stated that if this were worded in the pre-printed agenda, citizens would then know in advance when they pick up the agenda if their complaint is going to be addressed that evening or will be addressed at the next time. At this point, the Commission moved to Item llA, City Manager's response to prior public comments and inquiries. ll.A. City Manager's response to prior public comments and inquiries. With regard to Mr. Smith's comments, the City Manager stated that the City's normal practice to respond to public comments and inquiries is to address the concerns at the next meeting or as soon as information is available. The person making the inquiry may not be at the meeting but in either case, the City Manager stated the normal practice is to give a written response. With regard to Mr. Smith's concern about the Seagate Beach Club, the City Manager stated a left turn is really not a problem there. However, there is a problem there with U-turns. It appears the majority of the violators making U-turns are club members rather than valets. The valets have been instructed that illegal U-turns are not acceptable and will not be tolerated. Members of the club will be notified of the problem and asked not to commit illegal turns. The City Manager stated the members would also be warned that if they do commit illegal U-turns, they would be subject to a traffic citation. To elaborate on the map that Mrs. Beer presented, the City Manager stated the estimate on the total acreage that is completely tax exempt is 1,098 acres. This is approximately eleven percent of the total acreage in the City that is completely exempt from property taxes. -12- 08/21/01 With regard to a comment about an incumbent on one of the Board's not being reappointed, the City Manager stated all applicants are contacted by telephone by the Board Liaison to see if they are still interested in serving. The City Manager stated at the time, Mrs. Pat Warren was the Board Liaison who phoned Mrs. Borchardt and left a phone message. Apparently, Mrs. Borchardt was out of town at the time. However, Ms. Warren included Mrs. Borchardt's name on the memorandum dated July 13, 2001 to the Commissioners advising them of their appointments and available applicants. Mrs. Borchardt subsequently phoned Mrs. Warren to advise her that she was indeed still interested in serving. Her name was included on the Commission memorandum dated July 24, 2001 along with the attendance records. Therefore, the City Manager stated all of the appropriate information was made available to the Commission and Mrs. Borchardt was contacted about her willingness to continue serving. With regard to a previous comment regarding free handicap parking at the beach, the City Manager stated per State Statute free handicap parking is required for four hours. Local government may extend the time allowance but is not permitted to decrease the time. The City Manager stated because the City receives County funding for Beach Renourishment, the parking at the beach has to be made available to all residents (County & City) on the same basis. Furthermore, the City Manager stated the City couldn't discriminate against classes of residents. With regard to the graffiti on the beach sidewalk, the City Manager stated this is seen frequently when there are a lot of surfers on the beach. The City Manager explained that surfers use surfboard wax to make the graffiti and it is very difficult to get off. It usually takes approximately 2-3 times to totally remove the graffiti. Staff takes as much off on the first attempt and then returns the following day to remove the rest using pressure cleaners, chemicals, and other methods as needed. The City Manager stated as far as the City is concerned, the entire City is considered a "graffiti free zone" and attempts to remove graffiti anywhere in the City within 24 hours. The City Manager stated Mr. Smith is absolutely correct with his statement about "graffiti attracts more graffiti". The City Manager explained that the lifeguard staff would be more diligent about watching the beach sidewalk to be sure that the graffiti is caught. With regard to the all the fireworks in the neighborhoods on the 4th of July, the City Manager stated during July staff was inundated with calls regarding fireworks but made every effort to respond to each call. The City Manager stated in general, July is an extremely busy time. On July 4th, staff received 281 for service, 35 of which were calls relating to fireworks, one of those resulting in injury. During the month of July, the City seized hundreds of fireworks being used by adults and minors. Fireworks were also seized from businesses that were engaged in the sale of fireworks within the City's jurisdiction. In addition to answering these calls officers provide extra patrol in areas where the City receives an inordinate number of fireworks calls. The Police Department resources were also tasked during this period with large block parties. The City Manager stated in some cases a large number of officers were required to take care of the traffic and other associated problems. With regard to Mr. Levinson's inquiry about the Fire Department providing education on the dangers of fireworks, the City Manager stated the Fire Department has been contacted by the Beta Theta Pi Fraternity at Florida Atlantic University who have a strong interest in this type of program. The City Manager stated that the Fraternity has an alumnus who -13- 0 8/21/01 is a plastic surgeon and has become alarmed about the number of children being injured in various kinds of hazards such as fireworks, electricity, chemical burns from household products, etc. The City Manager explained the City is working with them in developing an educational effort to be focused on the after school programs in the City. 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: 10.A. ORDINANCE NO. 39-01 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-02)~ Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2001-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2001-02 includes: The City Manager presented Ordinance No. 39-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2001-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2001-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 39-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to CF (Community Facilities) for a parcel of land located at 36 NW 4th Avenue to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment project. Corrective Future Land Use Map amendment for the Rinaldi parcel (approximately 0.03 acres) from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a parcel of land located on the east side of Bronson Avenue approximately 100 feet south of East Atlantic Avenue. -14- 08/21/01 Mayor Schmidt clarified that the modification for the Coastal Management Element has been pulled from the agenda. Dan Marfino, Principal Planner, stated the item before the Commission is that of consideration of those items which will be transmitted as part of Comprehensive Plan Amendment 2001-2 to the Florida Department of Community Affairs. This amendment represents the second amendment of the City's twice a year amendment process. Mr. Marfino explained that this amendment is comprised of eight individual items: five City initiated text amendments, two City initiated Future Land Use Amendments, and one privately initiated text amendment. Mr. Marfino briefly summarized the five City initiated text changes. The first item is a general update of goal area D of the Future Land Use Element relating to schools. Mr. Marfino stated several policies and objectives were modified in order to reflect current data information and policies of both the City and the Palm Beach County School Board. The modifications relate to specific racial balance numbers, school location and siting policies, reaffirming the City's desire for neighborhood schools, as well as a new Objective D-5 which reads: "In order to increase student achievement in Delray Beach School's, the City supports the School Board's adopted "Achievement Matters For All" plan." Mr. Marfino stated the next item is the creation of Policy C-4.8 that provides that "The City will participate, along with the CRA, in funding the development of public/private parking lots in the Pineapple Grove Main Street area." Mr. Marfino stated this is related to recent amendments to the CRA plan, which the City also adopted. Mr. Marfino stated the next items relate to modifications of several maps and tables within the Transportation Element. Map #12 - Future Traffic Network, Map #14 - Functional Classifications & Maintenance Agency, and Table T-1 - Street Classification, Responsible Agency and Ultimate Right-of-Way, were modified to reclassify the segment of S.W. 4th Avenue from S.W. l0th Street to Linton Boulevard, as a "City Collector". In addition, Mr. Marfino stated Map #15 - Existing (1995) Annual Average Daily Traffic Conditions and Map #16 - Existing Park Season PM Peak Hour Peak Director Traffic Conditions were updated to reflect the most current available data for those maps. Mr. Marfino stated the final City initiated text change is the modification of the five-year schedule of capital improvements in the Capital Improvement Element in order to reflect changes associated with the adopted 2001-02 Capital Improvement Budget. Mr. Marfino stated this is not included in the packet, as this Budget has not yet been adopted. Mr. Marfino stated it would be inserted into the amendment upon adoption of it. At its meeting of August 20, 2001, the Planning and Zoning Board unanimously recommended approval of all the items listed above on a (7-0) vote. Jeff Costello, Principal Planner, stated this proposal is an amendment to the Future Land Use Map changing the land use designation for this property from Low Density -15- 08/21/01 (LD) Residential to Community Facilities (CF). Earlier this month, the Commission approved a rezoning and conditional use request to establish a 24-space parking lot on this site, which is associated with the overall Atlantic Grove Development. In order to be consistent with the adjacent land use designations in this area of Community Facilities (CF) and General Commercial (GC), staff is amending the Future Land Use Map. Positive Findings can be made with respect to Future Land Use Element Policy A-1.7, consistency with the Comprehensive Plan, and the West Atlantic Avenue Redevelopment Plan. The Planning and Zoning Board unanimously recommended approval of this amendment. Mr. Costello stated the next item is corrective Future Land Use Map (FLUM) amendment from MD (Medium Density Residential 5-12 du/ac)to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a portion of the Rinaldi property. This site is primarily commercial and is located on the east side of Bronson Avenue approximately 100 feet south of Atlantic Avenue and contains 0.03 acres. Positive findings can be made with respect to this Future Land Use Map Amendment and rezoning that the designations were established in error. Mr. Costello stated the next item is a text amendment to the description of the transitional land use designation found in the Comprehensive Plan. The request is to modify the description to allow the following statement: "In RO zoning, a maximum of 20 units per acre shall be permitted as a conditional use if the zoning adjacent to the RO property is CBD-RC or CBD." The designation provides for a transition between less intensive residential use and higher intensive commercial uses. In other instances, this designation allows the establishment of uses, which are compatible with adjacent residential use. In 1986, the RO Zoning district was adopted to encourage the upgrading and redevelopment of deteriorating structures by allowing a mix of residential and office uses in the area generally between Atlantic Avenue and N.E. 4th Street. At that time the area in question included the R-1-A (Single Family Residential) and RM-6 (Multi-family Dwelling District - 6 du/ac) zoning districts. The area later became a part of the Old School Square Historic Arts District (OSSHAD). With the Citywide rezoning and adoption of the Land Development Regulations in October 1990, the RO zoning designation was applied to the properties located in DeMda th Park, generally between N.E. 4 Street and George Bush Boulevard, and the FEC Railroad and nd th N.E. 2 Avenue. It also included properties on the north side of N.E. 4 Street, between Swinton Avenue and N.E. 2nd Avenue. Most of these properties were either converted to or were developed as offices under the previous RM-10 (Multi-Family Dwelling District) zoning designation, which allowed professional offices as a conditional use. Although this is not an actual Future Land Use Map Amendment, it does affect the intensity. Therefore, Mr. Costello stated Future Land Use Element Policy A-1.7 was used in the analysis of this request. The applicant's justification relates to the need for a transition of 30 units per acre allowed in the CBD and CBD-RC. Staff feels a maximum 12 units per acre provide that transition between the higher intensity commercial and the lower intensity residential to the north. Allowing increased densities for properties surrounding the CBD -16- 08/21/01 (Central Business District) will impact the desired medium density transition and bring higher densities closer to single family neighborhoods. Staff feels that higher density is more appropriate downtown where it supports commercial development. Mr. Costello stated on March 3, 1998, the Commission approved the Seacrest/DeMda Park Neighborhood Plan and at that time in that plan it called for down zoning of multi-family zoned properties. The properties that were zoned RM and RL were down zoned to single family residential. Mr. Costello clarified that multi-family is allowed at a low density of 3-6 units per acre in this zone district and the RO zoning did not allow it. The RO zoning does allow single family duplex and office type uses. Mr. Costello stated if this amendment is approved then the Seacrest DeMda Plan should be amended accordingly to address the increase of 20 units per acre in that area. Mr. Costello stated N.E. 4th Street is a County Collective roadway and it provides a transition between higher density and more intense commercial uses to the south and a low density residential to the north. These properties that have the transitional designation directly abut low density residential consisting of single family and duplex units and staff is concerned with respect to compatibility. With respect to consistency, Mr. Costello stated if this amendment is approved the RO zoning regulations will need to be amended to allow the multi-family use of up to 20 units per acre. It is noted that at the Planning and Zoning Board meeting of August 20, 2001, the applicant did have a sketch of what was proposed for the site. It is also noted that in order to construct 10 units on the applicant's property there would need to be other amendments to the RO zoning to reduce setback requirements or a variance would need to be obtained from the Board of Adjustment (BOA). Staff recommends denial of the text amendment request and noted that at its meeting of August 20, 2001, the Planning and Zoning Board recommended denial of the text amendment by a (4-3) vote. Bill Andrews~ 801 Palm Trail #7, speaking regarding the property at 207-217 N.E. 4th Street, stated his street has approximately fifty times more traffic volume compared to N.E. 5th Street. Mr. Andrews agrees with the concept of the Seacrest DeMda Neighborhood Plan. Mr. Andrews stated that he has done an analysis on his property and based on speaking to realtors in the community and based on talking to a firm that has done this all over the United States, they have informed Mr. Andrews that what he proposes is what is good for today and at the highest and best use for that property. In addition, these townhouses could potentially sell in the $320,000 range. Mr. Andrews stated someone changed their mind and all of a sudden came up with an office building. Mr. Andrews stated he pointed out what if the development were 8 units per acre and he was informed that based on that number crunching it would take approximately 5-6 years before anyone would want to build a development on the property. With regard to 6 units on this site, Mr. Andrews stated he was informed it would take approximately 12-15 years before someone would want to build a development on the property because "Pineapple Grove hasn't come to you yet". Mr. Andrews suggested building something on the site that would help "jump-start" that existing neighborhood. Or, Mr. Andrews stated to take the duplexes out and sit and wait for the wave to come up the street. Mr. Andrews agrees with Mr. Jess Sowards who is a member of the Planning and Zoning Board and feels that the issue is not about the number of units. Mr. Andrews stated the Commission could count on him because he is a developer that will stick by his word. Mr. Andrews stated the Commission is not getting the entire neighborhood picture. Mr. Andrews stated he lives on a collector street and feels nothing will happen in this area until some people make visual changes that will attract -17- 08/21/01 people deeper into the neighborhoods. Mayor Schmidt declared the public hearing open. Henry Williams, 310 N.W. 3ra Avenue, stated with regard to the construction along West Atlantic Avenue, he feels it would make more sense to tear down one side of the street and finish it, instead of tearing down both sides of the street. Mr. Williams stated he has experience in the construction business and feels it would be more feasible to do one side of the street and finish it before starting the other side of the street. Mr. Williams stated this way all the people can stay to one side of the street when they begin tearing up the other side of the street and it will help with all the congestion. Mr. Williams stated this is poor management and encouraged the Commission to look into this matter. Bill Schwartz, 3863 Live Oak Boulevard, stated it has not been too many years ago when someone wanted to build a house, store or service station when they would just go ahead and build it. Mr. Schwartz explained that there were no zoning, no planning, and no permits required, etc. and feels the City has come a long way. Mr. Schwartz stated that the City of New Orleans does not have a zoning plan and yet no one has ever put up a service station or 7-Eleven in the middle of a residential district. Mr. Schwartz stated Dallas, Texas only got its zoning plan about 10-12 years ago. Mr. Schwartz stated zoning was thought to be a concrete cut in stone affect. It was the core area which would be business and professional; the rest would be residential and maybe some outlining area industrial. Mr. Schwartz stated mixed use is best for the City. After listening to the Planning and Zoning Board Meeting last evening where this presentation was made in great detail, Mr. Schwartz stated he saw the condition of these homes that are in that location. He feels the homes are seriously dilapidated and does not feel there is a prayer of rehabilitating them. Mr. Schwartz stated he would not object to townhouses which are owner occupied in comparison to apartment houses of consequence were there is leasing instead. The private ownership means a lot and would create the whole neighborhood affect of everyone wanting to fix up his or her homes. Therefore, Mr. Schwartz supports this project and feels this is a good issue for the Commission to adopt. Scott Christensen, 10 N.E. 13th Street, President of the Seacrest Neighborhood Association, expressed concerns over the RO zoning that currently exists in the RL zoning district. Mr. Christensen stated on of the cornerstones of that was the down zoning of the neighborhoods and the quality of life in the neighborhood. Mr. Christensen explained that they looked at the RO and RL zoning that existed in DeMda at that time knowing that it had been underdevelopment as a mixed use along with the density uses. No attempt was made to change that because they felt it was perfectly acceptable to keep it at that level. In addition, they felt that 10 units to the acre transitional along 4th Avenue were acceptable. Mr. Christensen stated this current request is not just for Mr. Andrews' property but this is for the entire stretch from the railroad tracks to halfway across between Swinton Avenue and 2nd Avenue. Mr. Christensen stated there is potential for putting in 10 units on a lA acre parcel along two or three places along the strip. Mr. Christensen stated at the Planning and Zoning Board meeting of August 20, 2001, that in order for this particular parcel to meet 10 units and have the applicant's desired square footage and size of units, he would not only have to come back with a change in the zoning in the transitional density but would also have to have the setbacks altered and would -18- 08/21/01 have to go from a 25 foot setback to a 15 foot setback. Mr. Christensen stated the use can be either residential or commercial and feels the real issue is regarding density. In conclusion, Mr. Christensen stated he is strongly opposed to this proposal. Sarah Greeley~ 109 Dixie Boulevard and speaking as President of the Del-Ida Park Neighborhood Associatiom and graduate architect with Business Experience and former Zoning Chair for a neighborhood of 10~000 in Fort Lauderdale, stated Del-Ida Park is historically significant and very rare in South Florida. Primarily this has been a single-family neighborhood since 1923, and it displays a mosaic of charmingly detailed old Florida homes and small office buildings, despite its proximity to nearby bustling Atlantic Avenue. Ms. Greeley stated Mr. Andrews wishes to double the current allowable density to 20 units per acre. Mrs. Greeley stated the DeMda Park Neighborhood Association thanks and encourages Mr. Andrews for his enthusiasm in planning to upgrade his property but they will not accept the density and the scale by which he wishes to accomplish his improvements. Ms. Greeley stated Mr. Andrews 10 unit townhouse project and any future projects of light density which it might spawn either along N.E. 4th Street in DeMda's RO District or elsewhere in the City, are incompatible with low density small scale residential development. Sandy Jamisom 515 N. Swinton Avenue, stated that he would like everyone to be aware that the Historic Preservation Board (HPB) and the Community Redevelopment Agency (CRA) has denied this request. Mr. Jamison expressed concern over the RO zoning and stated he has a problem with the transitional zoning. He stated whatever the Commission decides to do with the RO or the transitional zoning, it will have a future impact on us. From the property line on George Bush Boulevard proceeding southbound to 4th Street. There are approximately 54.76 acres and 237 lots in the district. The lots in the RO zoning area consist of 105 lots, which is 44.3% of the total lots in the historic district. Thus, in the RL zoning area is 49 lots, which constitutes 20.6 of the total lots in Del Ida. The R-l-AA is 83 lots or 35% of the total lots. Mr. Jamison stated Mr. Andrews's project has promise but he does not want to see 20 units per acre. Barbara Drowne~ 2 Dixie Boulevard N., stated she is strongly opposed to this project. While driving east from N.E. 2nd Avenue to Federal Highway Mrs. Drowne stated this is a main route that most people in this area use to get to Federal Highway. She feels the increase in traffic will be horrendous. Bonnie Altenheim 106 N.E. 5th Street, stated she appreciates the efforts of the Planning and Zoning Board and feels the effort it takes to get something changed is very important and these laws help to maintain the integrity of the neighborhood. She stated she travels N.E. 4th Street on her way to work and on her way to the Publix and feels this route is a tremendous bottleneck. Although she appreciates the effort and good intent of this plan, Ms. Altenhein feels this will create serious traffic problems and will compromise the integrity of the area. Ms. Altenhein stated she lives on the outskirts of Pineapple Grove and she is not interested in "jump starting" the neighborhood. She is strongly opposed to this project and urged the Commission to vote against this project. -19- 08/21/01 Ann Gannom 236 N. Dixie Boulevard, discussed the property values in the neighborhood and stated a house located on the corner of Dixie Boulevard and Seacrest Boulevard sold for nearly $350,000 last year. Ms. Gannon stated she does not feel that property values are really the issue. Ms. Gannon stated she challenges Mr. Andrews to sit down with the people in her neighborhood association and work with them. She stated they feel the density is too high and is not necessary for this neighborhood. Ms. Gannon urged the Commission to vote against this project but to let them work with Mr. Andrews to see if something could be developed that is suitable for this property. Jerry Gomes~ 106 N.E. 5th Street, stated he has lived here for six years and stated he is strongly opposed to this project. Mr. Gomes stated he plans to live in this home the rest of his life and stated he did not move to this neighborhood to live next to the development that Mr. Andrews is proposing. Mr. Gomes stated he moved to the neighborhood because of its low density, charm and quietness. John Bennett~ 137 Seabreeze Avenue, commented about the 4-3 vote at the Planning and Zoning Board meeting and stated it is not as clear-cut as it may seem. There was a lot of discussion because of the issue of the timing with regard to the Comprehensive Plan going to DCA. Some of the three were voting in favor of passing it in the hopes that it could go to the State and things could be worked out with the neighborhood in the meantime. Mr. Bennett stated it is also not an issue whether or not the State is interested in another four units but besides the entire "gray strip" there is the possibility in the future of another area becoming our own that would be meet the criteria for this particular change. Mr. Bennett emphasized that this has to be factored in and even if this were granted, it does not set up the project because there are changes needed for setbacks, etc. With regard to the proposed education changes, which include moving Atlantic High School by Congress Avenue, Mr. Bennett stated this might or may not be a good idea. Mr. Bennett brought to the Commission's attention that there are studies that suggest the learning environment is seriously degraded when you get in the neighborhood of 2,800 students. He urged the Commission to give this some consideration to whether or not it is a good idea to build a larger school for the students. Bill Andrews~ State Representative, stated the State has passed a law about the size of high schools, which are 900 students not 2,800. Mr. Andrews stated they could build a school within a school, which would accommodate 1,800 students. After the Columbine shooting in Colorado, the Senate did hearings all over the State and determined the common denominator of anything if you are going to reduce violence on campuses is to build small schools. In addition, Mr. Andrews stated it is a matter of proven fact that grade performance enhances nearly a full letter grade from smaller schools. Mr. Andrews stated if the City is interested in the quaintness and quality of life, he does not understand how the City can consider sending everyone to a 2,800 student high school. Mr. Andrews stated this is the wrong thing to do because he feels it does not work with regard to grades or safety. Mr. Andrews suggested that the Palm Beach County School Board rebuild Atlantic High School at a different size and use the other building for a completely different type of high school. Mr. Andrews stated the best thing the City will get out of putting 2,800 students in one high school is more guards and Police to -20- 08/21/01 make sure that an incident like Columbine does not happen again. There being no one else from the public who wished to address the Commission regarding this issue, the public hearing was closed. Discussion by the Commission followed. Mayor Schmidt inquired about the time restraints staff is under in order to get this to the State on time? In response, Mr. Dorling, Planning Director, stated there are no amendments that are time sensitive. If the City transmits the Comprehensive Plan then we are under deadlines per Florida Statute. With regard to the amendment on the Atlantic Grove property, Mayor Schmidt asked if the proposed amendment would have a detrimental affect? In response, Mr. Darling stated this change would not affect the resolution of that item. It is consistent now and the reason for making this change is staff feels CF (Community Facilities) is more appropriate. Mayor $chmidt asked if we start the process of this amendment to CF, and six months down the road something is worked out to keep it there, can this process be stopped? For example, Mayor Schmidt asked if someone is going to put an office there, he asked if this would be inconsistent with the CF zoning? Mr. Darling stated this would be inconsistent and staff would have to reverse this decision and go through an additional land use change and a rezaning. Mrs. Archer asked for clarification regarding the transmittal of the Comprehensive Plan. She inquired if the City does not transmit this is the Mayor talking about the possibility of delaying for 30-60 days, or delaying altogether and then transmitting in six months? Mayor Schmidt suggested to table this for a period of time to allow some of the neighbors to work out a compromise with Mr. Andrews and inquired if this will this hurt one or the other items that is being proposed to be amended? In response, Mr. Dorling stated if this is what the Commission would like to do, the entire amendment can be transmitted and it would be about 45 days at DCA. Mr. Dorling stated a report would be returned to the City and at that point, the City would have 60 days to either adopt the amendment, adopt the amendment with changes, or to not adopt the amendment at all. The City Attorney asked Mr. Dorling if the Commission waited 30 days or so before transmitting anything to DCA, would that destroy the twice a year requirements? Mr. Dorling stated the potential affect would be it would force this amendment into next year and would limit the City for one additional amendment for next year. Mayor Schmidt asked what the City's deadline is to transmit the Comprehensive Plan and still be within this year so that we would have two next year? Mr. Dorling stated we could delay it for a maximum of three or four weeks. If this were delayed for another four weeks, it could potentially be adopted by the end of the year. However, Mr. Dorling stated we would have to be in a scenario where they did not have any objections or comments. Mr. Perlman stated regarding Mr. Andrews' proposal, he feels the equitable -21- 08/21/01 resolution would be that Mr. Andrews take time to work with the neighborhood. With regard to Mr. Christensen's comments about the potential domino affect this zoning will have on the neighborhood, Mr. Perlman politely asked staff to elaborate on this. Mr. Dorling stated currently there is a scenario where there are 30 units to the acre allowed, potentially 12 units to the acre in the Residential Office (RO) zoning district and then six units to the acre to the north of that. If the Commission allows 20 units to the acre it is quite possible that you would have people making the argument that abutting it they should be entitled to have 12 units per acre because that is a transition between 20 and 5. Staff feels the transition that exists today is appropriate. For the knowledge of the public regarding the relocation of Atlantic High School, Mr. Perlman stated there was discussion at the Education Board Meeting last night that there is potential of moving Atlantic High School to a more centralized location within or adjacent to the City. Mr. Perlman stated there is potential that it could be moved outside the current City limits. Mr. Levinson stated he has some mixed emotions regarding this issue. He would like to see something worked out between Mr. Andrews and the neighbors. On the other hand, Mr. Levinson would not like to loose any time and have the second amendments go into next year which then precludes the City from having two more amendments next year. Mr. Levinson stated one option for the Commission would be to kill it or any part of it after the 45 days. This would give all interested parties a chance to see if some of these issues can be worked out. Mr. Levinson stated if an agreement cannot be worked out and the neighborhood would like to see it remain as is, then when it comes back from DCA, the Commission could delete the text amendment and send it back with comments. Mr. Levinson stated he does not feel anything is lost by moving this along and is concerned that if this is not moved along we loose the ability to do two amendments each year. Ms. McCarthy stated she had a telephone conversation with Sandy Jamison as well as Representative Bill Andrews and remembering what the neighborhoods went through, Ms. McCarthy stated the neighborhoods got together and came to a viable plan that was a very good plan. Ms. McCarthy stated there are many concerned citizens speaking this evening and intelligent property owners on both sides of the fence. She suggested that the Commission table this item to the Regular City Commission Meeting of September 4, 2001 to give these property owners the opportunity to work out a compromise between themselves and Mr. Andrews. Mr. Andrews stated he is leaving for Ireland on August 29th and will be gone for approximately one week. Mr. Andrews explained that he will be attending important meetings with State Cabinet Officers and the Governor and he has to report back to the State. In addition, if he is put on this short time frame, he will be up in Tallahassee at least every third meeting from now until January. Mr. Andrews stated he would like to propose that the group meet with an architect since he will be out of the country. Ms. McCarthy moved to table this to September 4, 2001 on First Reading/First Public Hearing. Mayor Schmidt stated the motion died due to lack of a second. Mayor Schmidt stated if the Commission passes this on First Reading and schedule the second reading for September 19th, would this meet the deadlines? In response, Mr. -22- 08/21/01 Dorling explained that this is a transmittal hearing on first reading that would go to the State and then a second reading would be held approximately 45-60 days from now. Mr. Levinson stated this is what his point was that the second reading comes far enough down the road that there will be enough time to talk about it. At that point, if there has been no agreement reached, then it would just be pulled from the agenda. Mrs. Archer inquired as to whether or not it is possible to make a motion to approve with the understanding that if there is no agreement reached within 45 days that this item would then be pulled? The City Attorney stated the Commission would need to consider it further not dependent on the agreement on the parties but emphasized that this is a planning decision about what is appropriate. Mrs. Archer moved approval of the transmittal of the Comprehensive Plan Amendment 2001-02 to the State Department of Community Affairs (DCA) on First Reading, with the understanding that prior to second reading the Commission will reexamine and make a final determination as to whether or not to continue, modify, or withdraw this amendment, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion passed with a 4 to 1 vote. 12. FIRST READINGS: None. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager announced there would be Staff Budget Meeting on Monday, August 27th at 7:00 p.m. and invited the Commission to attend. Secondly, with regard to Mrs. Archer's comment requesting assistance from the Metropolitan Planning Organization (MPO) on the replanting of the interchanges, the City Manager stated the landscaping has been designed and is included in the cost of reconstruction. The interchanges at Linton Boulevard and Atlantic Avenue but also the overpasses at Lake Ida Road and S.W. l0th Street have never been landscaped. The City Manager stated the only thing FDOT did not agree to do was provide irrigation at Lake Ida Road and the southwest overpasses. The City Manager suggested that the City might want to do this independently. Unlike the County, the City Manager stated Florida Department of Transportation (FDOT) has made it a policy to replace landscaping in areas they disrupt. Nancy Davila, City Horticulturist, has been working very closely with their landscape architect during the planning stages and she is under the opinion that our gateways will be beautiful once the project is completed. -23- 08/21/01 Lastly, the City Manager gave the City Commission two separate evaluation forms. He explained that one form is a little more detailed than the other. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson asked whether City staff was able to communicate with the "BRET" people. The City Manager stated a meeting has not been scheduled yet. With regard to a correspondence from Ms. Jamison who is a member of the Historic Preservation Board (HPB), Mr. Levinson stated there seems to be concern about the data that was provided to the HPB members on the Bill Andrews issue. Mr. Levinson stated he has attended some of the HPB meetings and noted there has been a problem in terms of the timely delivery of the materials. Mr. Levinson stated that in previous discussions regarding Board review, one of the things he hoped to include is the following question: "Are the Boards meeting on the right night of the week to meet the schedules of the workloads?" He requested that it be communicate to the Department Heads that the Board members are having a problem with getting the material for the meetings in a timely fashion. Mr. Levinson stated that some of the Boards may be meeting too close together and suggested moving some of the Board meetings further apart in order to even out the workload for staff. Mr. Levinson stated someone brought to his attention that when they attended a Commission Meeting they were unfamiliar with the process. He stated there was a general lack of knowledge about working with government. Thus, Mr. Levinson stated the question came up that could the City not provide a document to people when they made an application for a building permit, site plan, or anything related that would have a "check-off' list that would indicate the places to go (i.e. SPRAB, P&Z, HPB, or City Commission) and when the Boards meet. Mr. Levinson suggested contacting other cities to see what their procedures are and possibly do something similar. Mr. Levinson stated this way the City will be able to distribute something in an effort to better inform people of how to deal with government. Mr. Levinson stated he had lunch yesterday with Tom Gustafson and Commissioner Mike Ferguson regarding a Transit Greenway Program that Tom Gustafson has been doing. Mr. Levinson stated he had an opportunity to participate in some of the work because of the Museum of Discovery Science in Fort Lauderdale. Mr. Levinson stated it is an opportunity for funding of transit areas and emphasized that you do not have to necessarily build high-speed rails. Mr. Levinson stated this might be a good opportunity for West Atlantic Avenue. Lastly, Mr. Levinson congratulated Angela Wong in her new position as Deputy City Clerk and Barbara Garito who was recently officially appointed City Clerk. -24- 08/21/01 13.C.2. Commissioner McCarthy Ms. McCarthy gave a letter to the City Clerk written by a resident opposing Item 10.A., Comprehensive Plan Amendment 2001-2. Secondly, Ms. McCarthy gave the City Manager a list of legislative things she would like to see addressed. 13.C.3. Commissioner Perlman Mr. Perlman asked when the Capital Budget would be ready? In response, the City Manager stated he is hopeful this will be ready by Friday evening. With regard to the Downtown Charrette, Mr. Perlman stated he is very pleased with the work that Treasure Coast did. Mr. Perlman stated he had a conversation with the Urban Design Director for Treasure Coast regarding funding and stated she would supply a list of funding opportunities, grant programs and different strategies that other communities have done through similar processes. Mr. Perlman congratulated Vice-Mayor McCarthy and Commissioner Archer on winning the Carver Estates Golf Tournament. He stated they beat everyone else by two strokes. Mr. Perlman welcomed the new Deputy City Clerk. With regard to Mrs. Beer's statistics, Mr. Perlman stated he would be curious to see how the eleven percent of the total acreage compares with some Palm Beach County cities. 13.C.4. Commissioner Archer Mrs. Archer concurs with comments expressed by Mr. Perlman regarding Mrs. Beer's statistics and stated she too would be interested in seeing how the City of Delray Beach compares to other cities. Secondly, Mrs. Archer informed Mr. Schwartz that he may want to attend the Parking Management Advisory Meeting which is held the fourth Tuesday of every month. Mrs. Archer stated the items Mr. Schwartz expressed as concerns are reviewed and generated in that particular Board. Thirdly, Mrs. Archer stated she had lunch today at the Rotary Club and Frank Duke, Palm Beach County Planning Director, gave a presentation. Mrs. Archer stated that Mr. Duke stated that one of the problems Palm Beach County is going to have to deal with in general and in specifics is how to negate that factor that density has become a dirty word. Mrs. Archer stated one thing the City will have to look at very carefully is how to increase density appropriately in the downtown area and that this would be the biggest problem for Delray Beach in the upcoming 20 years. -25- 08/21/01 13.C.5. Mayor Schmidt With regard to the convention, Mayor Schmidt asked the Commission to take a few moments after the meeting so they can determine what seminars everyone will be attending and where they will be going. at 8:25 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on August 21, 2001, 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. -26- 08/21/01 13.C.5. Mayor Schmidt With regard to the convention, Mayor Schmidt asked the Commission to take a few moments after the meeting so they can determine what seminars everyone will be attending and where they will be going. at 8:25 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on August 21, 2001, which minutes were formally approved and adopted by the City Commission on Sept:ember 4, 2001 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. -26- 08/21/01