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09-04-01SEPTEMBER 4, 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, September 4, 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 2_ The opening United Methodist Church. prayer was delivered by Reverend Dan Casselberry with Cason o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mr. Perlman requested that Item 8.E., Change Order #1/Weekly Asphalt Paving, Inc. (2000 Road Bond Resurfacing) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Ms. McCarthy moved to approve the agenda as amended, seconded by Mr. Levinson. Upon roll 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. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of August 21, 2001, seconded by Mr. Levinson. 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. 09/04/01 6. PROCLAMATIONS: 6oAo Kids Day America - September 22~ 2001 Mayor Schmidt noted a proclamation hereby proclaiming September 22, 2001 as Kids Day America. 6ogo Sickle Cell Awareness Month - September 2001 Mayor Schmidt read and presented a proclamation hereby proclaiming the month of September 2001 as Sickle Cell Awareness Month. Charlie B. Hudnell, President of Sickle Cell Foundation of Palm Beach County, Inc., came forward to accept the proclamation. ° PRESENTATIONS: 7oAo Delray Beach Residents Academy Lula Butler, Director of Community Improvement, introduced Janet Meeks, Education Coordinator. Janet Meeks, Education Coordinator, stated the Community Improvement Department is ready to embark on a new program called the "Residents Academy" which is going to be a 6-week program. Mrs. Meeks stated the objective of the program is to provide an introduction by City leaders and staff to provide the residents with information and materials that will enable the citizens to understand how departments that make up our local government serve our community. In addition, the program will enable a citizen to better understand the processes involved, and help them to successively navigate and unravel the "red tape" syndrome of what can be a complex system of government operations and services. The Academy will be held every Thursday for six consecutive weeks beginning October 4, 2001. The City Commission will have the opportunity at the first session ("At the Helm") to give a brief overview of what they do for the City. Mrs. Meeks stated the departments that are closely related to each other have been grouped together. Mrs. Meeks stated the program will end with a Graduation Breakfast and applications will be available through the Chamber of Commerce Website and will be placed in the front lobby of City Hall. Mr. Perlman commended Mrs. Meeks for setting up this program. Mr. Perlman feels this is a great follow-up to the Neighborhood Summit, which was very successful. Mr. Perlman stated that this further promotes three of their target goals because it promotes community unity, strengthens neighborhoods by getting people involved, and the quality education opportunities is really for everyone. Mr. Levinson stated at the Chambers Strategic Retreat there was a lot of discussion about expanding the Leadership Delray Program in an effort to get non-business people involved. Mr. Levinson commented that he hopes that we can get some of these people -2- 09/04/01 to enroll in the Leadership Delray Program. Mrs. Meeks stated the first session will be in the evening and then in the Spring staff may try to implement an afternoon session in an effort to get people involved who are unable to attend the evening session. Mrs. Meeks stated staff is ultimately hoping to get a broad base of residents to take the program. CONSENT AGENDA: City Manager Recommends Approval. 8.A. MODIFICATION OF PARKING LICENSE AGREEMENT (KYOTO SUSHI & SAKE LOUNGE): Approve a request from Kyoto Sushi & Sake Lounge to modify the Parking License Agreement by reducing their valet parking queue by two (2) parking spaces (from five to three) by eliminating the two (2) recently created customer pick-up spaces on the west side of NE 2nd Avenue (Pineapple Grove Way). 8.B. MODIFICATION OF AGREEMENT BETWEEN THE CITY AND COUNTY/JP MORGAN CHASE TENNIS CHALLENGE BENEFIT (VENUS & SERENA WILLIAMS EVENT): Approve the agreement providing for reimbursement to the City in the amount of $25,000.00 for the JP Morgan Chase Tennis Challenge Benefit (Venus & Serena Williams Event) extending the date for the City to provide information to the County until December 31, 2001. 8.C. 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve acceptance of the 2001 Local Law Enforcement Block Grant in the amount of $210,539 with a City match of funds in the amount of $23,393 for a total amount of $233,932. 8.D. SPECIAL EVENT REQUEST/SUNSHINE STATE GAMES: Consider a request by the Palm Beach County Sports Commission to use our beach (between Sandoway and Anchor Park) for a beach volleyball tournament June 14 through June 17, 2001 as part of the Sunshine State Games. The Florida Sports Commission is to provide sports equipment, manpower and event insurance. 8.t. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. SERVICE AUTHORIZATION #9/MATHEWS CONSULTING, INC.(WATER TREATMENT PLANT CAPACITY UPGRADE PERMITTING): Approve Service Authorization #9 with Mathews Consulting, Inc. in the amount of $17,300.00 for the Water Treatment Plant Capacity Upgrade Permitting. Funding is available from 441-5181-536- 31.90 (Other Professional Services). 8.G. RESOLUTION NO. 53-01: Approve Resolution No. 53-01 assessing costs for action necessary to abate nuisances on thirteen (13) properties throughout the City. The caption of Resolution No. 53-01 is as follows: -3- 09/04/01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 53-01 is on file in the City Clerk's office.) 8.H. RESOLUTION NO. 54-01: Approve Resolution No. 54-01 assessing costs for action necessary to remove junked and/or abandoned vehicles from three (3) properties throughout the City. The caption of Resolution No. 54-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 54-01 is on file in the City Clerk's office.) 8.1. AMENDMENT #1/JANUS RESEARCH, INC. (DELRAY BEACH COMPREHENSIVE HISTORIC STRUCTURES SURVEY, PHASE II): Approve Amendment #1 to the agreement with Janus Research Inc. which contains provisions that the -4- 09/04/01 State of Florida requires it grantees to include in any agreement where the State is contributing grant money. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANTS/CATHERINE STRONG CENTER & BARWICK PARK: Authorization to apply for two (2) grants from Florida Recreation Development Assistance Program (FRDAP); Catherine Strong Center grant for a total of $143,000 for tennis courts (includes a City match of $35,750); and $50,000 grant for playground equipment at Barwick Park. 8.K. ACCEPTANCE OF AN EASEMENT DEED: Approve and accept an easement deed which allows the City the means to install and maintain a water main along the west side of Lot 14, South Ridge Subdivision. 8oLo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 20, 2001 through August 31,2001. 8omo AWARD OF BIDS AND CONTRACTS: Purchase of a trailer mounted Vac-Con unit from Southern Sewer Equipment Sales in the amount of $25,950.00 via the City of Gainesville contract. Funding is available from 441-5123-536-64.90 (Other Machinery & Equipment). Mrs. Archer moved to approve the Consent Agenda 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. o REGULAR AGENDA: 9.A.A. CHANGE ORDER #1/WEEKLY ASPHALT PAVING~ INC. (2000 ROAD BOND RESURFACING): Approve Change Order #1 in the amount of $2,000.00 to Weekly Asphalt Paving, Inc. for additional remobilization costs, and a 12% increase for all other unit prices, however with quantities being less then originally estimated, the contract amount remains the same. Funding is from 370-3162-541-65.40 (2000 Roadway Bond Resurfacing). Mr. Perlman asked why the City would be responsible for the increase of the cost of materials when the City already has a contract? In response, the City Manager stated the reason for the increase is because of the length of time that has transpired since the work was started. The City Manager stated the project has stretched out longer than what was anticipated when the project was bid. The City Manager stated the City is now into a second Phase. Dan Beatty, Deputy Director of Public Utilities, reiterated comments made by the -5- 09/04/01 City Manager and stated the City is responsible for the cost increase because of the duration of time between the two phases of the project. Mr. Perlman inquired about whether or not the contractor would be obligated to do the job? In response, the City Attorney stated the company would more than likely present a legal argument charging the City with damages for delay. The City Attorney stated when a project is bid, those are the prices. However, the City Attorney stated is this particular case, apparently there was a delay which presents a different fact. Mr. Perlman moved to approve Change Order #1 in the amount of $2,000 to Weekly Asphalt Paving, Inc. for additional remobilization costs, and a 12% increase for all other unit prices, 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 time being 6:10 p.m., the Commission moved to Item 9.A., Appeal of the Site Plan Review and Appearance Board Action. 0.A. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of the Site Plan Review and Appearance Board decision regarding approval of a Class V Site Development Plan, Landscape Plan and Elevations associated with the Hotel Vista Del Mar, located approximately 300 feet south of Atlantic Avenue on the west side of Ocean Boulevard, (State Road A- l-A). Ouasi-Judicial Hearing Mayor Schmidt asked the Commission to disclose any ex parte contacts. For the record, Mayor Schmidt stated he did speak to Perry DonFrancisco, Michael Weiner, Michael Busha, and Marcela Camblor of the Treasure Coast Regional Planning and Gary P. Eliopoulos. Mr. Perlman stated with regard to the lift issue, he would like to disclose that he has been exposed to various conversations at the Charrette. In addition, Mr. Perlman stated he spoke to Tom McMurrain of Ocean Properties, Bob Currie, Fran Marincola, and Marcela Camblor. With regard to the site plan specifically, Mr. Perlman stated he spoke to Gary P. Eliopoulos, Perry DonFrancisco, and Michael Weiner. Mr. Perlman stated he was at a meeting with the CRA in which this project was talked about and he also spoke to Tom Lynch. Mrs. Archer stated she spoke with Fran Marincola, Michael Weiner, Perry DonFrancisco, Tom McMurrain, SPRAB, and several citizens who left messages on her answering machine; one of which Mrs. Archer stated she spoke in quite detail to J. Reeve Bright, Attorney. In addition, Mrs. Archer stated she received letters and e-mails, which she has made available to the City Clerk. Mr. Levinson stated he had lunch with Bob Currie and a meeting with Michael Weiner and Perry DonFrancisco. In addition, Mr. Levinson stated he had a number of e-mails, -6- 09/04/01 which he has made available to the City Clerk. Ms. McCarthy stated she spoke to Susan Ruby, Perry DonFrancisco, Michael Weiner, Fran Marincola, and Gary P. Eliopoulos. In addition, Ms. McCarthy stated she has had a multitude of e-mails, which she has forwarded, to City Hall. 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, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-008 Mr. Dorling stated the development proposal includes the demolition of the Bermuda Inn, a 20 room two-story motel (constructed in 1968) along with the associated pool and parking. The subject property is located approximately 300 feet south of Atlantic Avenue on the west side of South Ocean Boulevard (State Road A-l-A). The new hotel has a total of 70 rooms and a private gym/spa. The 1,333 square foot restaurant component and the rooftop pool were eliminated from earlier plans. There are a total of 50 parking space accommodated within the building on the ground floor and below grade. There are six floors, including the subgrade parking level and the structure will have an overall height of 48 feet. On three separate occasions (June 20, July 11 and August 8, 2001), the Site Plan Review and Appearance Board considered the proposal and was unanimously approved on August 8, 2001. The project has been modified during the course of these three meetings to address concerns of staff, the Board and the public. On June 20th the main concerns were that of building height, loading and compatibility with the adjacent residential properties to the west on Salina Avenue. At that meeting, the Board provided direction and the applicant came back on July 11th and addressed the height through the removal of decorative towers which were exceeding the 48 feet and lowering the actual required towers which were accommodating stairways and elevators. Mr. Dorling stated the loading area was expanded. However, it was noted that there was still concern with the loading area, how it would function, and its adequacy given the hotel guests as well as the restaurant, which was on the site. Mr. Dorling stated the compatibility along Salina Avenue was addressed by providing added height to landscape material from 12 to 16 foot trees. The Board discussed an additional concern relating to traffic circulation. The applicant returned on August 8, 2001, and further addressed the height by reducing the number of towers to one and removing a tower, which accommodated a stairway and elevators to access the roof level for a pool. Mr. Dorling stated since the pool was removed, those elements were removed. With regard to the loading area, Mr. Dorling stated the loading area is even larger than what is required and they made it function from a circulation point of view. Mr. Dorling stated they also removed the restaurant, -7- 09/04/01 which eliminated some of the concerns with respect to the adequacy of a loading area. At this point, the loading area will be to provide for the restocking of the vending machines within the hotel. The compatibility concerns along Salina Avenue were further addressed by increasing the rear setback from 5 feet to 10 feet and providing an 8-foot setback on the fifth floor at which location additional landscaping was provided. Also, Mr. Dorling stated enhanced trees were up to 25 to 35 feet were provided along the west elevation to break up that elevation to the residents. The traffic concerns related to Ocean Boulevard, were addressed by installing a traffic divert which allowed exiting traffic on Ocean Boulevard to go southbound only. This alleviated the concerns with people attempting to turn left and going north on Atlantic Avenue. At this point, Mr. Dorling presented slides to the Commission and briefly discussed some of the changes that occurred. Mr. Dorling stated the Site Plan Review and Appearance Board (SPRAB) approved three waivers. These waivers are as follows: Approve a waiver to LDR Section 4.6.9(D)(c)(1), to reduce the required stacking distance for the Salina Avenue driveway entrance from 20' to 14'. Approve a waiver to LDR Section 4.6.14(A), to reduce the visibility triangle at the Salina Avenue driveway entrance from 20' to 10' and at the Ocean Boulevard driveway entrance from 20' to 8', based upon positive findings with LDR Section 2.4.7(B)(5). Approve a waiver to LDR Section 6.1.3(B), to eliminate the required sidewalk along Salina Avenue. Mr. Dorling stated the applicant's plan is consistent with the LDR's, the Comprehensive Plan, and staff is requesting that the Commission uphold the Site Plan Review and Appearance Board's decision. Michael Weiner~ Attorney speaking on behalf of the appellant Boston's Inc. and Boston's on the Beach, Inc., stated these appellants are the owners and operators of the property located at 70 S. Ocean Boulevard, Delray Beach, Florida. Mr. Weiner stated the principal owner of these two Florida Corporations is Perry DonFrancisco. In addition, the following experts are present to testify: Richard Sheremeta, Civil Engineer, John Carline, Urban Planner and Dan Rapco. Mr. Weiner stated this appeal is not an appeal to stop the neighboring project. Mr. Weiner stated they are here to solve a puzzle associated with progress on one hand and good planning on the other. The project being considered is a Class V site plan landscape plan and architectural elevations for the hotel Vista Del Mar located on the west side of South Ocean Boulevard approximately 300 feet south of East Atlantic Avenue. The appellants are the owners and operator of Boston's on the Beach directly to the north of the project showing a common boarder of approximately 180 feet in length. The action being considered relates to the approval by the Site Plan Review and Appearance Board their last meeting of which was August 8, 2001. -8- 09/04/01 Mr. Weiner stated certain drainage issues means that stormwater run-off must be accepted by some fashion. Mr. Weiner stated this physical imposition makes them different from any other landowners. Secondly, Mr. Weiner stated there is a question whether or not this particular plan would restrict the present rights of the appellants and a question of whether or not allowing this particular design will take valuable rights from the appellant. With regard to the stormwater runoff, Mr. Weiner stated the Commission would hear that Boston's must accept the volume of water from this site. Mr. Weiner stated some of the water flows to a flat roof and swales. Mr. Weiner stated the integrity and capacity would be jeopardized and stated no landowner should be required to accept this burden. As to the second issue, Mr. Weiner stated in the absence of some contractual or statutory obligation a landowner has no legal right to unobstructed air and light from the adjoining land. Mr. Weiner stated if the neighbor receives approval of the site plan with a serrated building with approximately one-third of the total rooms relying on a view over Boston's. Mr. Weiner further explained when Boston's builds its own five-story building and builds it in accordance with the regulations for the City of Delray Beach then Boston's has the absolute right to build a blank wall in front of those rooms and the adjoining property owner cannot complain in any manner. Mr. Weiner stated there are two elements in the Comprehensive Plan the first element is to do with Open Space LDR Section 4.4.13(F)(2) and the second element is the Future Land Use Element Objective A-1. In addition, Mr. Weiner reference Section 2.4.5(F)(5) (Site Plan Findings) which states the following: "Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values." Mr. Weiner stated the plan proposed for the hotel with respect to its north elevation depends upon a view over the two-story structure, which is presently Boston's. Mr. Weiner stated from a front view Boston's Restaurant would look like Alternate "A" . Mr. Weiner stated Boston's has a right to look like Alternate "C". Mr. Weiner stated the Central Business District (CBD) has been designed to allow zero lot lines (Alternate "C"). Further discussion followed by Mr. Weiner. Mr. Weiner stated the City's staff expressed concerns regarding ocean visibility from the northern hotel rooms. Mr. Weiner stated it said, "if a building were to be constructed on Boston's property that it would be blocked." Mr. Weiner stated they proposed that the corner on each floor (four units on the north side) should be removed opening and closing between the two buildings a view corridor. The following expert witnesses gave the following testimonies: -9- 09/04/01 Richard Sheremeta, representing the firm Heller, Weaver, Sheremeta, stated he has had the opportunity to review the development plans presented to SPRAB and expressed several concerns. Mr. Sheremeta stated one concern is drainage calculations that were presented which reflect "pre" versus "post" discharge from the site. Secondly, Mr. Sheremeta stated the drainage pattern and whether or not it will remain the same or if it will be changed. Based upon the review by Heller, Weaver, Sheremeta, the conclusion was made that the drainage calculations only address the actual volume of discharge from the site and does not address where that discharge is going to be. Furthermore, Mr. Sheremeta stated they have concluded that approximately eleven percent of the existing site as it stands today discharges to the west towards Salina Avenue. However, in the post development state or the proposed development plan, Mr. Sheremeta stated there would then be approximately 92 percent of that property discharging towards the north and west. Mr. Sheremeta stated there is approximately 6 lA times as much water under the five year storm event that would be discharged in that direction. Mr. Sheremeta stated it is approximately 29,000 gallons of water in a five-year storm event. Mr. Sheremeta stated looking at a five-story blank wall essentially along that north property line, any rainfall that falls does not fall horizontally and storm events are accompanied by winds. Mr. Sheremeta stated the proposed development would actually increase that wall service by roughly 4,300 square feet of wall surface. Mr. Sheremeta stated there would be roughly 41,000 gallons that will be discharged from that site towards the west as opposed to the way it is now towards A-1-A. Mr. Sheremeta stated he has some very serious concerns about whether or not the project has adequately addressed the runoff from the project and its potential impact on Boston's and Salina Avenue. With regard to the one-story roof at Boston's, Mr. Sheremeta stated it currently receives some runoff from the existing Bermuda Inns north faCade. However, Mr. Sheremeta stated when the new development is completed the new exposure will increase by a factor of three and the net affect will be that there will be twice as much water impacting the roof under any storm event as compared to what occurs now. In conclusion, with regard to the one-story roof, Mr. Sheremeta suggested is to not put the wall against it. Secondly, if the wall is there, Mr. Sheremeta suggested to fabricate some type of a flow diverted at the base of that wall which would direct water away that roof and back towards A-1-A. As far as the overall site is concerned, Mr. Sheremeta stated he does not feel adequate data has been presented to the City to evaluate the full impact of whether or not the drainage facilities proposed can adequately satisfy the concerns. Mr. Sheremeta stated the landscaping that is put there would impact the swale that is proposed along the north property line. Mr. Sheremeta stated it would cut down on its capacity and on its ability to convey water towards the west. Thirdly, Mr. Sheremeta stated additional typographic data needs to be presented along Salina Avenue to see what the full impact of any excess runoff is going to be on Salina Avenue as well as at Boston's. Mr. Sheremeta stated it appears that there is a low spot at the northwest property corner, which would result in some ponding. Lastly, as another alternative, Mr. Sheremeta suggested looking into the possibility of redirecting all the runoff back to A1A where it currently goes. -10- 09/04/01 John Carline, Urban Planner with Urban Design Studio, stated as with the majority of Florida Coastal communities, Delray Beach is experiencing growth and redevelopment. As a waterfront property, values continue to escalate and the pressure to develop to the maximum limits allowed is becoming more and more evident. Mr. Carline stated the hotel Vista Del Mar is one of the first projects on the block to push the limits. It will inevitably set the standards for future community character along this urban edge of ocean frontage. Mr. Carline stated when Boston's decides to exercise their development rights these views will be significantly reduced if not eliminated. A small channel might remain that would allow light and air to penetrate but a view of a proposed five-story building on the north property would hardly constitute the intended view. The proposed owner of Boston's has a valid concern that if this project is approved with such a strong dependency on side views off the north property line, it will severely depreciate the value in associated development rights of his project. After reviewing the proposed plans for Vista Del Mar, Mr. Carline stated that any additional development on the south side of Boston's property that increases the building height will impact the views from the proposed hotel. The Vista Del Mar Hotel relied on views that disregard the development right for the Boston's property. In summary, Mr. Carline stated the proposed hotel is a good use for the property. However, Mr. Carline stated additional attention should be given to the urban edge that this project would become part of Ocean Boulevard. Furthermore, Mr. Carline stated now is the time to look and require redevelopment to incorporate the established patterns that create a friendly pedestrian environment and a ground floor frontage that provides human scale elements in appropriate uses. Dan Rapco, Price Real Estate Firm and resident of the City of Delray Beach, stated with regard to LDR Section 2.4.5(F)(5) specifically to that portion that stated:..." so as not to cause substantial depreciation of property values." Mr. Rapco stated this is talking about the property values to the adjacent owner. Mr. Rapco stated if this were the case, then the Vista Del Mar Hotel as proposed would probably not cause any damages if the design was so that there was no northern exposures at all. However, Mr. Rapco stated with northerly exposures, the development of Boston's property would be damaged. Mr. Rapco stated by denying Boston's the right to build to its highest and best use (i.e. two stories with no blocked rooms versus five stories to its maximum height) then Boston's has been damaged. Jos6 N. Aguila, architect with Robert G. Currie Partnership, Inc. and representing the applicant for the Vista Del Mar Hotel, explained they are proposing to build a five-story building (Bermuda Inn). The building is currently located on the north property line. Mr. Aguila stated there were several presentations brought before SPRA8 and at one point he felt it seemed appropriate to bring into perspective some of the things that are happening along that corridor. Mr. Aguila gave a PowerPoint presentation and explained that their plans have been adjusted at every level. The letter "L" of the Boulevard to the south is residential property; and from there to the right is CBD. Mr. Aguila emphasized that he is referring to the last property on the south that can be developed in the CBD. With regard to the grade level plan, Mr. Aguila stated the restaurant has been deleted, the handicap spaces have been flipped to the lobby side, they created better visibility issues, and created a one-way in and a one-way out from Ocean Avenue to alleviate all the traffic concerns. Mr. Aguila stated the landscaping on the west side has been increased dramatically by virtue of the setbacks, which have been done above the -11- 09/04/01 LDR requirements. In addition, the landscaping at the entrance has been increased. Mr. Aguila stated the affect of the setback is 18 feet depend where you look at the room wall or 24 feet where the balcony door comes in. Mr. Aguila stated they do not feel that the appellant should loose their rights to develop their property nor do they feel their project prevents the appellant from doing such. Mr. Aguila stated at the SPRAB meeting numerous residents of people who own and live on Salina Avenue fully support this project. Mr. Aguila stated it has been demonstrated to staff that this project has complied with every regulation and feels it will work. Robert G. Currie, architect with Robert G. Currie Partnership, stated they have complied with every LDR regulation. Mr. Currie stated they have cut back set backs on all sides that is not required, they provided landscaping on all sides which is not required. Mr. Currie stated the only thing he has heard this evening that seems to be a problem is that they are building on the property line, which the LDR's allow. Mr. Currie stated that part of the ordinance states "in an urban area along the street in this zone we want to have a continuation of the corridor". Mr. Currie stated if Mr. DonFrancisco would like to build to the property line he encourages him to do so. Mr. Currie stated it would increase the value of the property and increase the value of the strip along A-1-A. Mr. Currie feels this will greatly enhance that strip along A-1-A. Mr. Currie stated the goals of the LDR's is to bring residents into the downtown to help support this area and feels what better way then to build a hotel. In conclusion, Mr. Currie stated they have met with all the criteria and fully supports this project. At this point, for procedural purposes, the City Attorney asked Mr. Aguila if he would like to enter his PowerPoint presentation into the record? There being no objection, the City Attorney stated Jos~ Aguila's PowerPoint presentation has been entered into the record. Harvey Over, Attorney with Gunster & Yoaklev et al in West Palm Beach and speaking on behalf of Don Robinson (homeowner located behind the proposed vroiec0, stated his client is not against the use of this property as a hotel. Mr. Over stated this is too massive of a project and the impact that it has on the residential neighborhood adjacent to and immediately behind the adjacent project. Mr. Over stated the footprint of this building is too large and the setbacks are too small. To illustrate this, Mr. Oyer made reference to the page one of four and stated that the "L" shaped property in the center of the page is the existing use of the property. Mr. Oyer stated on the second page the footprint of this building on the property and is four tenths of an acre in size. Mr. Oyer stated the applicant proposes to take up 85-95% of the property depending what is calculated as landscaping. The third page shows a current picture of Salina Avenue with the proposed hotel project. In conclusion, Mr. Oyer urged the Commission to take into the consideration that this is too massive a building to put in this residential district. Also, Mr. Oyer stated it not only devalues the surrounding properties but amongst the drainage concerns and the waiver of the sight visibility triangle, it raises public safety issues as well. Bonnie Biar, speaking for Marion V. Cousins, read into the record the following letter written by Marion Cousins who is not present due to injury: "My name is Marion Cousins. ! have operated business on the corner of East Atlantic and Salina Avenue for over 25 years and have also resided on Salina -12- 09/04/01 Avenue for the same period of time. I am writing this letter to express my support of the proposed hotel and to express my views to the character of Salina Avenue. The fact that Salina Avenue serves as a border between commercial and residential properties is certainly nothing new. In fact, the residents on Salina have always lived in harmony with the commercial activity that occurs on South Ocean Boulevard. What is curious to me as ! sat through last months meeting is that ! did not recognize anyone who is an actual resident living in close proximity of the proposed hotel. If you were to personally interview the people who actually live on Salina Avenue, ! can assure there would be minimal if any opposition to the proposed hotel. Believe me, we would rather see an upscale boutique hotel on the Bermuda Inn property as opposed to some of the other development proposals ! have seen in the City. When a person decides to live on Salina Avenue it is with full awareness that they will have to co-exist with commercial activity both Salina and Atlantic Avenues. The fact that the hotel has a front entrance on South Ocean Boulevard will greatly reduce the impact that this development will have on Salina Avenue. Since it is inevitable that someday the Bermuda Inn property will be expanded and approved upon, ! cannot think of a better alternative than the proposed boutique hotel project before you now." At this point, the City Clerk swore in the following individual: Thomas E. Lynch~ member of the Palm Beach County School Board~ stated in 1985 when Delray was going to be redeveloped, there were three things being looked at. One was to keep the oceanfront a great asset to Delray. The second was to improve upon our main street from 1-95 to the ocean and the third was to make it a village-like atmosphere. Mr. Lynch stated Delray Beach has gone through a lot of changes but overall have always kept the village- like atmosphere. Mr. Lynch stated he feels the reason this project has gone on for approximately ten months and gone through a lot of controversy is there has been a lot of different issues with it. For example, Mr. Lynch stated the issue of parking, the issue of restaurants and garbage have all been dealt with except for the real issue which is the size of the building. Mr. Lynch stated this is a massive building on a small lot and feels it is not compatible with the neighborhood. Mr. Lynch stated he does not support this proposal and urged the Commission to vote against this project. At this point, the City Clerk swore in the following individual: Mark Mahoney~ 21 Grove Way~ stated he agrees that character is the key and that is why he chose to live here. Mr. Mahoney stated that the applicant has every right to do what is appropriate from a commercial standpoint, but it has got to be within the character of the City. -13- 09/04/01 Dan Burns, 1036 Bucida Road, stated he was informed that the individual paid too much money for the property and is trying to get too much into a small space. Mr. Burns reiterated that it is just too small of a piece of property and will only set a precedent for others. He urged the Commission to reconsider this proposal because he feels Delray is a great place to live the way it is now. Darren Panks, President of the New Monmouth Condominium Association, 36 South Ocean Boulevard, read a letter into the record from Mr. Dennis Lemley, Chairman of the New Monmouth Condominium Association. Mr. Panks read the following statement: "After examining the plans for the proposed Vista Del Mar Hotel and calling upon all sixteen members of the condominium association with the exception of two who could not be reached, we concluded that the Vista Del Mar proposal is an excellent plan and conforms with the area." Mr. Panks stated he travels up and down Atlantic Avenue and has witnessed numerous businesses going in and out of Atlantic Avenue over the last twelve months. Mr. Panks stated the proposed hotel is a first class hotel and feels it will bring more prosperity to the City. Kevin Warner, 248 Venetian Drive and President of the Via Marina Homeowners' Association, stated the concept of view corridors is extremely important on the beach. Mr. Warner stated he hoped the Commission has placed as much importance upon the comments that he has heard tonight and that are contained in some letters that have been deeply involved in making Delray Beach the success that we are today. Mr. Warner stated it is very important to him to rely on the opinion of others and two of those individuals spoke this evening. Mr. Warner stated by the Commission turning down this project tonight will be another step in line with the comments that were heard at the Downtown Charrette from the Visions 2010 policy statement about maintaining some of the special characteristics of Delray Beach which generate the charm and unique appeal that Delray currently has. Mr. Warner stated he feels the Commission is at a crossroad and echoed comments that have been made in opposition to this project. John Bennett, 137 Seabreeze Avenue and representing the Beach Property Owners' Association, stated when you are not physically in Delray Beach one predominantly thinks of Atlantic Avenue and the beach. Mr. Bennett feels since this will affect the character of the beach area and stated the beach area above all is "The Village by the Sea". Mr. Bennett stated it does not seem to fit in and urged the Commission to think of long term and the preservation as it is mentioned in the Comprehensive Plan of the view corridors for the benefit of the beach and future tourist development. The following individuals presented closing arguments: Mark Krall, Attorney with Listick & Krall, P.A. representing the applicant, stated when he first had the opportunity to review the written appeal filed by Mr. Weiner on behalf of Boston's, Mr. Krall noted how broad based the appeal was. Mr. Krall stated he has gotten the same impression from Mr. Weiner's presentation this evening. Mr. Krall stated the appeal as presented unjustly ignores all the progress that was made during the last three SPRAB meetings, which were quasi-judicial hearings, all subject to public comments and all under oath. -14- 09/04/01 At the last SPRAB meeting the sole representative of Boston's at the time acknowledged that he was in favor of the project but had concerns about two issues which he thought could be further addressed. Those two issues being the side setback requirements between the two CBD properties and Boston's ability to redevelop their property in the future. Mr. Krall stated he would like to address the last two issues raised by Boston's at the last SPRAB meeting. With regard to the side setback requirements, the Code provides that you can have a zero lot line side setback within the CBD zoning district. In fact, Mr. Krall stated the City's Comprehensive Plan calls for the elimination of side setbacks within the CBD. As it stands, the entire hotel structure of the existing Bermuda Inn is presently situated on its north property line and abuts the existing Boston's property line in its entirety. Mr. Krall stated from a pure setback standpoint, Boston's is clearly going to benefit from this change and is not being hurt by it. With regard to future development rights, the possibility has been raised that is sometime in the future if Boston's decides to increase the height of their structure, they will be blocking the ocean view of rooms of the north side of the new hotel property. The applicant has agreed with this because they can still market garden view rooms and there has always been a demand for garden view rooms in an oceanfront hotel. At the last SPRAB meeting Mr. Krall stated there was a suggestion by Boston's that a property agreement could be entered into between Boston's and the Bermuda Inn running with the land and preserving Boston's right to go up 48 feet provided. Mr. Krall stated it is important to recognize Eugenia Kerstin, owner of the existing Bermuda Inn located at 62 S. Ocean Boulevard. He stated Mrs. Kurstin is proposing to build something within her rights and according to Code, but is also willing to be a good neighbor to Boston's and even exceed the requirements of the Code so as to assure that Boston's can do something similar in the future. Mr. Krall stated that this project is in full compliance with the LDR's the waivers are appropriate and minimal and allowed under the Code. Mr. Krall stated is supported by a full detailed staff report, which were compiled over three quasi-judicial SPRAB meetings and three public hearings and the support of actual residents on Salina Avenue including neighboring condominium associations. Mr. Krall stated the project is in full compliance with regard to setback, height requirements, open space, room size, parking, concurrency and consistency, and it furthers the intent of the City's Comprehensive Plan which states a specific need for additional hotel rooms. In conclusion, Mr. Krall reiterated that Mrs. Kerstin is not asking for any special considerations but is only asking to do what she is permitted to do under the City's Code. In addition, she is willing to allow her neighbor to the north to create the same type of scenario should he choose to do so in the future. Michael Weiner~ Attorney representing applicant~ stated a zero lot line should not be used for an ocean view. Mr. Weiner stated he acknowledged in his opening arguments that there are these competing things between urban edges and ocean views. Mr. Weiner stated he would like the Commission to make a decision now. Mr. Weiner stated the developer and the present owner have acknowledged that they are not going to challenge based upon the ocean views that they have now and that they fully realize that there may be a wall. In summary, Mr. Weiner encouraged the Commission to solve the drainage problems either by moving the wall back or by improving the drainage. Also, Mr. Weiner stated that the Commission will need to make a decision tonight that either there are going to be view corridors, or that it is alright to build the way they are building; and, Mr. Weiner stated even the City's regulations do not stop Boston's from building to its limits as well. -15- 09/04/01 Discussion by the Commission followed. Mr. Perlman stated that on page 12 of the Planning and Zoning Staff Report it talks about the concern about the four units on the property line and asked Mr. Currie why was something not done to mitigate the concerns of staft? In response, Mr. Currie stated these rooms are prime rooms and have great views. Mr. Currie explained the other issue is the LDR's in this urban corridor which encourages one to build to the property line. Mr. Levinson commented that this was a clearly identified concern of staff and the two alternatives that are recommended by staff do not seem to be dealt with. Mr. Dorling stated it was provided, as a recommendation because staff thought it would be a better situation if those rooms were eliminated. However, Mr. Dorling stated the Code does allow them to the zero lot line. Mr. Levinson stated if they were not going to do that, then staff recommended that they acknowledge the potential loss as the alternative to the loss of the 4 rooms. Mr. Dorling stated Mr. Currie did do this at the SPRAB meeting and tonight as well. Mr. Currie commented that it was also said in the alternative that they have to acknowledge that Mr. DonFrancisco can build this building. Mrs. Archer commented about the set back from the north property line. Mr. Currie stated it is 8 feet below grade back and it is 18-24 feet above grade. Mayor Schmidt asked what point on the hotel would one be hitting from the property line? Mr. Currie stated the surface of the wall of the building is 18 feet, which is a blank solid wall. With regard to the water drainage problem at Boston's, Ms. McCarthy asked if the architect's feel they have taken care of this? In response, Mr. Aguila stated as part of the normal review process they are required to provide drainage calculations, percolation tests, the civil engineer design, and other information which staff reviews and comments on. Mr. Aguila stated it is the architect's responsibility to make sure that they provide something that is credible. Mr. Aguila stated there will be more permeable area on the developed property then currently exists today. Mayor Schmidt stated in looking at the concurrency findings, since the drainage is being directed almost exclusively to the rear of the property, documentation at the Salina Avenue drainage system has adequate capacity to handle the additional flow as required prior to obtaining a building permit. Mayor Schmidt asked if Mr. Aguila has been given that additional documentation to in fact is satisfied? Mr. Aguila stated it is satisfied under normal things that are required to get them through the site plan approval process. Mr. Aguila stated they have to present them with three revised sets of documents with all of these issues to their satisfaction and typically this would not of done that before this evening. Mrs. Archer expressed concern with the amount of water and where it is going particularly in a major storm. She does not feel the water problem has been adequately addressed. Mr. Currie stated the property is 187 feet by 100 feet and the amount of rain that falls on that whether or not the building is tall or short is going to be the same. Mr. Currie stated there -16- 09/04/01 is 8 feet of space (10 feet in the front and 10 feet in the back) that all can be drainage. Mr. Currie said if the Commissioners were to ask Mr. Sheremeta whether it was possible to drain the site properly, he feels that Mr. Sheremeta would say it indeed could be done. Ms. McCarthy commented about Mr. Aguila's presentation and asked for clarification about if they developed on the north side of the building, Mr. Aguila had commented that they would either have a solid wall or be pushed back a certain amount of feet to have windows. Mr. Aguila stated in addition to complying with the LDR's and the Comprehensive Plan, they have to comply with the building code. In the building code, Mr. Aguila stated there are building separations and distance separations. Depending on how close you are to the property line, the less restrictive they are on the type of construction on that wall. By virtue of the building code, he must comply with the outer wall separation. Mr. Aguila stated the only part that is closer than 20 feet that affect their type of wall is that 38 feet section on the northeast corner abutting Boston's. Ms. McCarthy asked if they would be able to mirror the balconies? Mr. Aguila stated that the balconies could indeed be mirrored to be 24 and 36 feet. Mr. Perlman stated he understands the need for hotel space in the City and realizes it has been an objective of the City for many years. Mr. Perlman stated the reason this has been going on for ten months is because there is a lot of problems associated with this particular project. He does not feel the site plan is compatible and harmonious to the adjacent properties. Mr. Perlman stated because of its massive footprint and because it negatively impacts future development rights of the appellant and others. Mr. Perlman stated it would hurt property values not to mention the village like atmosphere, which also impacts property values. In addition, this site plan does not meet the goals of the Comprehensive Plan A-1. Mr. Perlman stated this plan is not complimentary to adjacent land uses as outlined by the evidence provided by the appellants and expert witnesses. Mr. Perlman moved to uphold the appeal and deny the project, seconded by Mr. Levinson for discussion. 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 to uphold the appeal and deny the project passed with a 4 to 1 vote. After the vote, the following discussion followed: Mrs. Archer stated she believes this sets a new precedent for the City of Delray Beach. She is opposed to the mass along the beach and stated this is not our commercial corridor through the center of town. Mrs. Archer stated the Codes might need to be reexamined. Mrs. Archer stated she did understand that there was no setback and that there was a height of 48 feet in the commercial area downtown along Atlantic Avenue, but not along the beach. Mrs. Archer stated that it was not the intent of the City to allow the possibility of a 48-foot high wall of construction along the beach. Mayor Schmidt expressed similar concerns expressed by Mr. Perlman and Mrs. Archer. He stated he spoke to a few of the design professionals at Treasure Coast Planning. Mayor Schmidt quoted LDR Section 4.4.13(F)(2) Open Space: "CBD may require that open -17- 09/04/01 areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass." With the compatibility and safety concerns for people checking into the hotel, Mayor Schmidt stated it was suggested as one alternative that it would be better to bring the lobby out to the front and make it more pedestrian friendly and have the entrance over to the south side. Mayor Schmidt stated he does not feel the building as proposed is compatible with the area. With regard to urban edge, Mayor Schmidt stated this is a different concept when you apply it to the beach area and there needs to be a different approach along the beach. Mayor Schmidt stated he could not support the project as proposed. Mr. Levinson asked if there is a way to codify this prohibition from utilizing these objections in the future for other development? In response, the City Attorney stated the Commission would need to review the City Codes and decide what kind of Codes the City should have. Mr. Levinson commented the one alternative recommended by staff is that the applicant not be permitted to utilize the same objections if Mr. DonFrancisco or someone else would develop those properties. The City Attorney stated there are no property rights to view. From a design standpoint, the City Attorney stated if someone is talking about view corridors that is a design. The City Attorney reiterated that there is no legal right to see the ocean water. At this point, the time being 8:20 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 49-01 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2002. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 49-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 49-01 is on file in the City Clerk's office.) 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. -18- 09/04/01 Mayor Schmidt stated the millage rate is being set at 8.10 mills. Mayor Schmidt declared the public hearing open. Mark Mahone¥~ 21 Grove Wa¥~ stated he is in favor of the services that residents receive in Delray Beach. However, he feels this millage is aggressive particularly considering the economic climate we are currently in. Mr. Mahoney stated if the Commission is not careful and prudent to how things are approached the City will end up with 100 percent zero. Mr. Mahoney stated the Commission has worked extremely hard to get the City to where it is and encouraged the Commission to be cautious and not push so fast. Lewis Rufino~ resident of Delra¥ Beach~ stated in receipt of his proposed tax bill and stated he appears that the services and other fees have tripled. With regard to the Palm Beach County statistics, Mr. Rufino stated he does not see any significant increase in population, which he assumes is where the demand for these services is coming from. Mr. Rufino commented about the increases in taxes to the proposed budget and asked for further explanation. Mayor Schmidt stated there are a number of taxing districts in addition to the City and depending on where you live in the County someone may have up to twenty-seven different taxing entities on their tax bill. Mr. Rufino stated in his particular instance, the City's line item has gone from $900 to $2,700. Mr. Rufino commented that due to the fact that the population has not changed more than two percent according to the County's statistics, he asked what other costs have escalated? Mayor Schmidt stated the City Manager could answer specific questions that Mr. Rufino may have after the meeting. Rosetta Rolle~ 301 N.W. 3ra Avenue~ stated several years ago when the CRA was proposed and the City went ahead and did it, Mrs. Rolle asked if the City were not its own CRA would not the City then have some discretion to the money that is now the CRA's money and therefore not have to raise taxes on properties? In response, Mayor Schmidt stated most of the money goes to support the bonds and stated whether or not the City passes them or the City passes them, there is still the debt service that tax money goes towards paying. In addition, Mayor Schmidt stated the money must be spent within the CRA district even if the City were its own CRA. With regard to the sunset of the CRA, Mrs. Rolle stated if the City were its own CRA and since the Commission are elected officials would it not be more meaningful to the citizens of Delray Beach than someone who is appointed. Mrs. Rolle asked if a sunset date has been established for the CRA? In response, the City Attorney stated there is no sunset date currently established for the CRA because the bonds are not finalized. However, the City Attorney stated that it is not to say that the City could not take it over and dissolve the CRA. There being no one else from the public who wished to address the Commission regarding this resolution, the public hearing was closed. -19- 09/04/01 Prior to the vote, with regard to the gentleman from Lake Ida, Mr. Perlman commented that in essence the City has a "Save our Homes" which limits the increase of three percent or the CPI which ever is lower. Mr. Perlman stated it has taken $366 million out of the tax roll. Furthermore, Mr. Perlman stated this is a tentative millage levy and invited the public to come to the Budget Hearing on Thursday, September 6, 2001. Mr. Levinson moved to adopt Resolution No. 49-01 on, 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. 10.B. RESOLUTION NO. 50-01 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2002. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 50-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 50-01 is on file in the City Clerk's office.) 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 regarding this resolution, the public hearing was closed. Mayor Schmidt announced that Resolution No. 50-01 sets the tentative millage levy for the Downtown Development Authority at one mill. Mr. Perlman moved to adopt Resolution No. 50-01, seconded by Mr. Levinson. 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. 10.C. RESOLUTION NO. 51-01 (TENTATIVE BUDGET ADOPTION FOR FY 2002): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1,2001 through September 30, -20- 09/04/01 2002. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 51-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1sT DAY OF OCTOBER, 2001, TO THE 30TM DAY OF SEPTEMBER, 2002; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 51-01 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding this resolution, the public hearing was closed. The City Manager stated the total City budget is going up a little less than five percent. Mr. Perlman moved to adopt Resolution No. 51-01, 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. 10.D. RESOLUTION NO. 52-01: A resolution authorizing the sale of City-owned property, a portion of Tract "A", Lakeview, abutting Lot 21, Block 4, Lakeview (Walkers property). The property is a vacant strip of land approximately 10 feet by 90 feet abutting Lakeview Golf Course. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 52-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY -21- 09/04/01 TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 52-01 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. 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. The City Attorney stated pursuant to this contract is a quit-claim deed due to an encroachment of the property owner's fence on the City's property. The property owners will pay the City $800 for the encroachment. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding this resolution, the public hearing was closed. Ms. McCarthy moved to adopt Resolution No. 52-01, seconded by Mr. Levinson. 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. 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 a previous inquiry about the decals for persons doing vegetative maintenance in public utility companies, the City Manager stated the decals have not yet been received. However, the City Manager stated the decals should be available in the next 2-3 weeks at which time staff will go through the process of notifying all the affected businesses and the City Manager stated the process is expected to be completed by the end of September. The City Manager stated there was an inquiry regarding the fact that a street was being closed for a special event but the information did not appear on the agenda. The City Manager explained that this was an oversight by the City Clerk's Office and in the future staff will insure that it is included in the agenda caption. With regard to fees charged for valet parking, the City Manager stated the City was unable to locate any neighboring communities providing free valet parking. The City of West Palm Beach currently charges $5.00 per vehicle and provides 180 parking spaces to the valet company and the City's municipal lots. The City is trying to institute a program to provide -22- 09/04/01 valet parking to visitors at no charge by running the valet parking in-house. Base funding for the program would be achieved through a contribution from the Downtown Development Authority (DDA). The City Manager stated it is unlikely the amount that they would contribute would cover expenses. The City Manager stated considering the rise and cost of labor and associated expenses in the business today the increase from $2.00 to $5.00 over time seems reasonable and in line with current market rates for this type service in the South Florida region. The provision of valet parking is usually perceived as a benefit to the customer and not the restaurateur. There are a total of 19 spaces that are leased to various valet companies along Atlantic Avenue. The valet companies secure approximately 350 privately owned parking spaces and service in excess of 500 vehicles per day during season. The City Manager stated incorporating these vehicles into the current municipal parking pool would increase the current parking problems. With regard to comments expressed about how much of the City is tax exempt, the City Manager stated staff was unable to get figures on the acreage. However, the City Manager stated staff was able to get the percentage of the total valuation that is exempt from taxes which includes homestead, etc. The City Manager stated Delray Beach is 22.16 percent, West Palm Beach is 26.86 percent, Lake Worth is 32.69 percent, Boynton Beach is 22.51 percent, and Boca Raton 16.63 percent. 11.B. From the Public. ll.B.1. Kevin Warner~ 248 Venetian Drive~ stated he had a wonderful time at the "Bed Race" and suggested that next year there be a Seniors Division. ll.B.2. Alice Finst~ 707 Place Tavant~ stated she attended the Charter Revision Committee Meeting and commented that approximately 20 people made offers of suggestions to the Committee on ways that they felt could improve the Charter. Ms. Finst stated not one suggestion was taken and feels the Committee had already made up their minds before they had the hearing. She suggested that the Commission either read the newspaper article written in the Delray Times dated August 29th, or listen to the tape from the last Charter Revision Committee Meeting of August 23, 2001. Secondly, Ms. Finst stated she attended a Workshop Meeting of the Boca Raton City Commission and noted that they have a similar format as the City of Delray with regard to the agenda. She stated they have a Workshop on the items that are on the agenda, which they hear the very next evening. Ms. Finst made the Commission aware that the problems are similar in the communities and stated it was like d~jh vu because the Commission was discussing shingles for their City buildings. Ms. Finst explained that the City of Boca Raton decided to use composition shingles and thought that it would last longer than wood shingles. Ms. Finst stated that the City of Boca Raton Lobbyist would survey all the legislators that represent them and see exactly where they stand on the Citrus Canker issue and then tell them what Boca says about it and encourage them to agree with the City of Boca's position on the Citrus Canker issue which is parallel to the City of Delray Beach's issue. They also sent word to their Lobbyist that he was to approach everyone from the Governor on down and tell them the feeling about Citrus Canker. Ms. Finst stated she is not sure if the City of Delray Beach is interested in following that pursuit -23- 09/04/01 but feels it would be a good way of informing our Legislatures to let them know how we feel about this issue. Lastly, with regard to the Workshop Meeting at the City of Boca Raton, Ms. Finst stated the Commission talks a lot about the neighborhoods and discuss the things they have accomplished for the neighborhoods. Ms. Finst suggested that the City of Delray Beach take a similar position with regard to the neighborhoods. ll.B.3. Sarah Greeley, 109 Dixie Boulevard, speaking as President of the Del-Ida Park Neighborhood Association, expressed concern over Mr. Burrus letter and indicated that she would like to refute each one of his points because she feels his letter is filled with untruths and misunderstandings on his part. First, with regard to foot traffic on Lake Court, Ms. Greeley feels time is really past for redesigning the Seacrest/DeMda Plan. A group of dedicated citizens, and the CRA worked with City staff and the Commission passed the Plan in March 1998. She urged the Commission to move on. Secondly, Ms. Greeley discussed greenery on the swales and stated many of these small groups of property owners are not aware that the City owns the swales and perhaps were not made aware of this when they purchased their properties. Thirdly, Ms. Greeley stated both Seacrest and DeMda developed in conjunction with the CRA, City staff, and passed by the City Commission the Seacrest/DeMda Plan and emphasized that this was a group effort. The fourth point is that some City officials have claimed that the community supports the project and Mr. Burrus claims that is untrue. Ms. Greeley stated they have held meetings and workshops specifically addressing this issue and urged the Commission to build the sidewalks. ll.B.4. Sandy Jamison, 515 N. Swinton Avenue, stated there are two letters written by Mr. Hayden Burrus, which contain some threats. Mr. Jamison distributed copies of these letters written by Mr. Burrus to the City Attorney and stated he does not need this foolishness. Mr. Jamison stated Mr. Burrus' hedges extend approximately fifteen feet in the City right-of-way and feels Mr. Burrus has been able to use this extra footage for his own benefit. Mr. Jamison stated he is receiving threatening telephone calls and does not feel he or any other citizen should have to put up with this behavior and innuendoes. Mr. Jamison stated he hopes the Seacrest/DeMda project is set in stone and encouraged the Commission to stand behind him. 9ogo MODIFICATION TO LIEN REPAYMENT PERIOD/DAVID HARGROVE: Consider a request that the repayment period be extended from 12 months to 24 months for the David Hargrove lien in the amount of $3,301.02. Lula Butler, Director of Community Improvement, stated this is before the Commission for the third time and the customer is asking for more leniency to pay over a 24- month period as opposed to a 12-month period. Ms. Butler stated that Mr. Hargrove is willing to pay the debt. Mr. Levinson moved to approve the request that the repayment period be extended from 12 months to 24 months for the David Hargrove lien in the amount of $3,301.02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said -24- 09/04/01 motion passed with a 5 to 0 vote. 9.C. REQUEST TO WAIVE LIENS/CLIFFORD BELL: Consider a request to waive liens on a vacant lot located at NW 6th Avenue which through a tax sale. The liens currently total $4,167.31; the City's actual out-of-pocket costs are $1,322.36, which Mr. Bell is prepared to pay. Lula Butler, Director of Community Improvement, stated Mr. Bell purchased a vacant lot located at N.W. 6th Avenue through a tax certificate and was not aware that there could be other liens attached to the lot. At some point in time, Mr. Bell received notice that he owed a total amount of $4,167.31. Mr. Bell is willing to pay the City's actual out-of-pocket costs that total $1,322.36. However, Ms. Butler stated that Mr. Bell has indicated that it would be a financial hardship to pay the entire $4,167.31. Therefore, Mr. Bell is asking the Commission to waive the interest that has accrued on the nuisances that resulted from the liens and the administrative fees. Ms. Butler stated the City has done multiple abatements on this particular lot from 1989-2001 and since Mr. Bell has taken ownership, stated the City has not had to cite the property. Clifford Bell, owner of the vacant lot located on N.W. 6th Avenue, stated since he has owned the property he has tried his best to keep the property clean. Mr. Bell stated that he is planning to build a home on this lot in the near future. Mrs. Archer moved to approve a request to waive liens on a vacant lot located at N.W. 6th Avenue in the amount of $4,167.31; and, that Mr. Bell be responsible for the City's actual out-of-pocket costs totaling $1,322.36, 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 $chmidt - Yes. Said motion passed with a 5 to 0 vote. 9ono REQUEST FOR IN-LIEU PARKING FEE/RENAISSANCE VILLAGE: Consider a request by Renaissance Village for the purchase of one (1) in-lieu parking space and the construction of three (3) on-street parking spaces. Renaissance Village is a twenty (20) unit townhouse development located in the Central Business District (CBD) at the southeast corner of NE 6th Avenue and NE 2nd Street (Martin Luther King Boulevard). Paul Dorling, Planning Director, stated Renaissance Village is a proposed 20-unit townhouse development located in the Central Business District (CBD) at the southeast corner of N.E. 6th Avenue and N.E. 2nd Street. The approved site plan provides 44 parking spaces. The applicant is seeking to purchase one in-lieu parking space in accordance with Section 4.6.9(E)(3)(b)(2) of the LDR's in the amount of $12,000. At their meeting of August 28, 2001, the Parking Management Advisory Board unanimously (9-0) recommended approval of the applicant's request. Mr. Perlman moved to approve a request by Renaissance Village for the purchase of one (1) in-lieu parking space and the construction of three (3) on-street parking spaces, -25- 09/04/01 seconded by Mr. Levinson. 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.E. REQUEST FOR IN-LIEU PARKING FEE/BOB'S FAMOUS BAR (fka POWERS LOUNGE): Consider a request by Bob's Famous Bar (fka Powers Lounge/Richwagon Cycle) for the purchase of two (2) in-lieu parking spaces. Bob's Famous Bar site is on the north side of Atlantic Avenue just west of the FEC Railroad. Paul Dorling, Planning Director, stated this is a site plan for Bob's Famous Bar which will be a two-story restaurant and a one-bedroom apartment at the former Powers Lounge/Richwagon Cycle site on Atlantic Avenue just west of the FEC Railroad. They will require 16 parking spaces. The site plan provides 14 parking spaces and a request has been submitted to purchase two in-lieu parking spaces in the amount of $24,000. At their meeting of August 28, 2001, the Parking Management Advisory Board voted unanimously (9-0) to recommend approval of the applicant's request. Mr. Perlman moved to approve the request by Bob's Famous Bar (f/Ua Powers Lounge/Richwagon Cycle) located on the north side of Atlantic Avenue west of the FEC Railroad, for the purchase of two (2) in-lieu parking, 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. 0.F. ITEM REMOVED 9.G. CANCELLATION OF CONTRACT (DRAVO LIME INC.)/AWARD OF CONTRACT (CHEMICAL LIME COMPANY): Consider cancellation of the contract with Dravo for palletized lime due to inferior quality of product and failure to meet minimum specifications; and award of contract to Chemical Lime Company, second lowest bidder, for the purchase of bulk lime at $107.56/ton. Funding is available from 441-5122-536-52.21 (Chemicals FY 2001-2002). Mrs. Archer moved to approve cancellation of the contract award to Dravo Lime, Inc., and award to Chemical Lime Company (second/ow bidder) for the purchase of bulk lime at $107.56/ton, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 0oHo REVISION TO CITY POLICY AND PROCEDURE/CITY' S INVESTMENT POLICY: Consider a revision to the City's policy and procedure with respect to the City's Investment Policy reflecting Florida State Law and updated recommendations made by the Government Finance Officers Association (GFOA). Joe Safford, Finance Director, stated this item is nothing more than administrative -26- 09/04/01 housekeeping. Mr. Safford stated that normally the administrative policies are not required to go before the Commission. However, Mr. Safford stated the national organization recommends that the City Commission must approve any revisions being made to City's Investment Policy. Mr. Perlman moved to approve a revision to the City's policy and procedure with respect to the City's Investment Policy reflecting Florida State Law and updated recommendations made by the Government Finance Officers Association (GFOA), 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.I. FY 2002 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2002 golf rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider approval of the maximum rates proposed for fiscal year 2001-02 for the Delray Beach Municipal Golf Course. Mr. Barcinski reiterated that these are maximum rates and leave some flexibility in coming down in offering special rates at different times during the day. Rate increase for prepaid fees average about 3.5 percent overall while other golf rate increases range from 0-16.7% and are based on market conditions. Ms. McCarthy asked for clarification regarding the charity card fee. Mr. Barcinski stated there are various charities (i.e. lung association, heart association) where someone can buy a charity card during the summer for approximately $40. The prepaid charity card goes to the charity and they make agreements with the golf courses. Mr. Barcinski stated he understands there is a special rate and the card can be used at the private courses as well as public courses. Mr. Perlman moved to approve the proposed golf rates for the Delray Beach Municipal Golf Course for fiscal year 2001-02, 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. 9.J. FY 2002 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2002 golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider approval of the proposed golf course rates for the Lakeview Golf Course for fiscal year 2001-02. Mr. Barcinski stated the changes proposed for all fees range from a 33.33 percent decrease for ride with a play card from November to December to an increase of 13.3 percent for non-resident fees ride with a play card from December to April. Rate increases and decreases proposed are varied and are based on market conditions. Mayor Schmidt inquired about the 7:00 a.m. - 1:00 p.m. proposed reduction and commented that he feels this would be the busiest time. Mayor Schmidt asked staff if they have -27- 09/04/01 noticed a significant decrease in players during this time? Brahm Dubin, President of Dubin & Associates, stated Lakeview Golf Course is many leagues and most of the play in the morning is league plays unlike the Delray Beach Municipal Golf Club. Mr. Dubin stated Lakeview does not really offer much open play for residents. Mr. Dubin stated they want the market rates to actual increase business. Mr. Dubin reiterated that Lakeview is mainly league play in the mornings and emphasized that it is price sensitive. The City Manager asked how many rounds less has been played at Lakeview this year compared to last year? In response, Mr. Dubin stated last year Lakeview did 59,000 rounds, in 1999 Lakeview did 55,000 rounds and this year is approximately 55,000 rounds. Mr. Dubin stated Lakeview dropped 4,000 rounds this year due to the competition and due to the fact that it is extremely prices sensitive. Mrs. Archer moved to approve the proposed golf rates for the Lakeview Golf Course for fiscal year 2001-02, 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.K. FY 2002 TENNIS RATES/TENNIS CENTER: Consider approval of the proposed FY 2002 tennis rates for the Tennis Center. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider approval of the proposed Tennis Center rates for fiscal year 2001-02. The proposed rate increase for court fees is from 0-11.1 percent. Mr. Barcinski stated the proposed rate increases for membership range from 0-5.9%. All rate increases proposed be based on market conditions and copies are provided with the agenda backup of the proposed rate changes and rate comparison with other facilities. Ms. McCarthy asked what the 11.1 percent increase is for? In response, Mr. Barcinski stated the 11.1 percent increase is the increase of Juniors from November 1 st through April 30th which goes from $4.50 to $5.00 for court time. Mr. Levinson commented about the resident rates for memberships and stated the fees appear to be quite high. In addition, Mr. Levinson stated he recalls several people who debated this during the Tennis Task Team issue. Mr. Perlman moved to approve the proposed tennis rates for the Tennis Center memberships for fiscal year 2001-02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oEo PROPOSAL FOR SETTLEMENT IN RAIL v. CITY OF DELRAY BEACH, et al: Consider a proposal for settlement in the case of James and Dawn Rail versus the City of -28- 09/04/01 Delray Beach for $85,000.00. Staff recommends denial. The City Attorney stated this is a case that occurred in 1997. There is a proposal of settlement in the amount of $85,000 and staff recommends denial of the settlement. Mr. Perlman moved to deny the Proposal for Settlement in the amount of $85,000, 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. Levinsan - Yes. Said motion to deny passed with a 5 to 0 vote. 9omo APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four (4) regular members to the Board of Construction Appeals for two-year terms ending August 31, 2003. The appointments will be made by Commissioner McCarthy (Seat #4) Architect; Mayor Schmidt (Seat #5) General Contractor; Commissioner Perlman (Seat #1) Master Plumber; and Commissioner Archer (Seat #2) Sign Contractor. Ms. McCarthy moved to appoint John Baccari (architect) as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2003. 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. Mayor Schmidt moved to appoint Ran Brita (General Contractor) as a regular member to the Board of Construction Appeals for two-year terms ending August 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinsan - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 1 vote. Mr. Perlman moved to appoint Sal Pala (Master Plumber) as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2003, 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. Mrs. Archer moved to reappoint Claudia Camilucci (incumbent) as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinsan - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 45-01: An ordinance amending Ordinance No. 1-98, which comprises Waterford Place SAD (Special Activities District), to eliminate the condition of approval requiring a certificate of occupancy for the hotel to be issued prior to the issuance of a certificate of occupancy for the final multi-family building, located on the south side of Linton -29- 09/04/01 Boulevard between Interstate-95 and Lindell Boulevard. If passed, a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 45-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 1-98 WHICH COMPRISES THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE AND CONDITIONS FOR FURTHER DEVELOPMENT FOR WATERFORD PLACE, GENERALLY LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND L1NDELL BOULEVARD, BY AMENDING SECTION 1, BY REPEALING PARAGRAPH 20, TO ELIMINATE THE CONDITION OF APPROVAL REQUIRING A CERTIFICATE OF OCCUPANCY FOR THE HOTEL TO BE ISSUED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE FINAL APARTMENT COMPLEX BUILDING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated in May 1996, the SAD/DRI-DO for the Waterford Place was modified to replace the approved 322,413 square feet of office space with 300 residential units and a seventy-eight (78) room hotel. Mr. Dorling stated during deliberations associated with the change, City Commissioner's were concerned that the hotel room component be constructed to address a shortage of hotel rooms in the City. Therefore, Mr. Dorling stated a condition of approval was placed on the modification that required the hotel component to be constructed prior to the issuance of a final Certificate of Occupancy for the multi-family component. The applicant is now seeking removal of that condition based upon a change in conditions or circumstances. Mr. Dorling stated the shortage of hotel rooms is being satisfied with the newly approved and proposed hotel rooms in the Spanish River Resort west of the Marriott. At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. The Board voted (7-0) to recommend that the condition of approval be removed, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. -30- 09/04/01 Mr. Levinson moved to approve Ordinance No. 45-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 46-01: An ordinance amending Chapter 52, "Water" of the Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential and irrigation rates for FY 2002. If passed, a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 46-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated staff previously discussed with the Commission a six percent for the capacity charge and the commodity charge which is the per thousand gallon charge. However, the City Manager stated because of the savings the City achieved by implementing the touch-read system, the meter reading charge is being reduced from $1.61 to $1.40 inside the City. The actual increase will be a little less than six percent and for the small user the percentage is the least. Mr. Levinson stated at some point we might want to round up a little bit in order to build some reserves for things that are forthcoming. For general information, Ms. McCarthy requested that staff provide a list of the percentage of people in the City who use less than 6,000 gallons of water. Joe Safford, Finance Director, stated staff would get the information for the Commission. Mr. Levinson moved to approve Ordinance No. 46-01 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -31- 09/04/01 12.C. ORDINANCE NO. 47-01: An ordinance amending Chapter 53, "Sanitary Sewers", of the Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2002. If passed a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 47-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated the present rate structure divides evenly the cost of reading the meters between water and sewer. Because of the savings that have been achieved, the City Manager stated the charge is being eliminated for reading meters from the sewer rate. The City Manager explained stated the $1.61 inside City customer charge is being taken out completely making it zero. The net result of that is that a person using 12,000 gallons or more per month of water will see rate increase of one half of one percent. The City Manager stated if someone were using less than 12,000 gallons the sewer rate would actually decrease slightly. Mr. Perlman moved to approve Ordinance No. 47-01 on FIRST Reading, 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. 12.D. ORDINANCE NO. 48-01: An ordinance amending Chapter 51, "Garbage and Trash", of the Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for contracted garbage, trash, recycling, vegetation and bulk waste collection service rates for FY 2002. If passed a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 48-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY -32- 09/04/01 OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated the City's garbage service was rebid and the bid came in lower than what the City is currently paying. Therefore, the City Manager stated a single family resident would see a rate reduction from 5-8 percent. The City Manager stated there are also reductions in commercial. Joe Safford, Finance Director, stated the carrier previously billed multi-family and they were billed on a container charge basis. Mr. Safford stated the City is now charging per unit basis and the City will be taking over the billing. Mr. Safford stated the City is taking over the billing in an effort to develop more internal control and to make sure the City is getting the appropriate fees back to the City. Mr. Safford stated multi-family should see a reduction in the overall cost that is billed that organization. Mr. Perlman moved to approve Ordinance No. 48-01 on FIRST Reading, 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. 12.E. ORDINANCE NO. 49-01: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. If passed, a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 49-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL -33- 09/04/01 TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 49-01 on FIRST Reading, seconded by Ms. McCarthy. 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. 12.F. ORDINANCE 50-01: An ordinance repealing Chapters 57 and 58 of the Code of Ordinances, and creating a new Chapter 57 entitled "Right-of-Way Application Process for Communications Facilities"; amending Chapter 50, "Utilities Generally; Public Service Tax", by deleting all references to Telecommunications Facilities; amending Chapter 93, "Cable Television" by removing the requirement to pay Franchise Fees to the City; providing for reservation of rights and remedies. If passed, a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 50-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF- WAY BY REPEALING CHAPTERS 57 AND 58 AND CREATING A NEW CHAPTER ENTITLED "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES"; AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX" BY DELETING ALL REFERENCES TO TELECOMMUNICATIONS FACILITIES; AMENDING CHAPTER 93, "CABLE TELEVISION" BY REMOVING THE REQUIREMENT TO PAY FRANCHISE FEES TO THE CITY; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 50-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - -34- 09/04/01 Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to a concern expressed about the timely delivery of materials for the Historic Preservation Board, the City Manager stated there has been a significant increase in development activity in the associated staff report going to that Board. The City Manager stated this has coincided with the hiring of a new planner along with the associated learning curve. The City Manager stated that there are steps to assure a more timely delivery of the agenda materials. With respect to whether this is a function of Board's meetings are occurring too close together, the City Manager stated the Planning and Zoning Department in most weeks is responding to multiple meeting deadlines. The City Manager stated given the time of some meeting dates, some weeks are worse than other weeks. The City Manager stated the Historic Preservation Board (HPB) meets every first and third Wednesday. The Site Plan Review and Appearance Board (SPRAB) meets every other Wednesday; the Planning and Zoning Board meets every third Monday; the Parking Management Board meets every fourth Tuesday; and, the City Commission meets every first and third Tuesday. The City Manager stated agenda materials for all Boards are distributed the Thursday or Friday before each meeting. Therefore, with a minimum of eight agenda packets going out each month, the department cannot avoid having conflicts between meetings. The City Manager explained that some Boards meet on a certain day each month and another meeting every two weeks, and as a result there are weeks where all the meetings coincide. With regard to the noticing applicants of multiple Advisory Board meetings, the City Manager stated staff has begun to notify applicants of meeting dates, applications, efficiency letters, as well as follow-up calls during the review process. The City Manager stated he feels staff has taken the necessary steps to adequately deal with the issue. Per the City Commission's request, the City Manager stated the City has set up a meeting with the Legislative Delegation. The City Manager stated the City has received three positive responses from three members (Representative Andrews, Representative Gannon and Representative Machek) of the Delegation who will be present on September 19, 2001. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer -35- 09/04/01 Mrs. Archer stated she had the opportunity to attend the Palm Beach County Intergovernmental Coordination Meeting this past week and there were three things of merit. One, Mrs. Archer explained they passed a recommendation to endorse Legislation in the form of a resolution from the League of Cities for a bio solid facility by the Solid Waste Authority. Mrs. Archer stated this is definitely moving forward but is just a question of when everyone agrees to get it through the Legislation. Mrs. Archer stated the second item was a request from the South Florida Water Management District for municipalities to pass a resolution in support of the Acquifer Storage Recovery Pilot Program. Mrs. Archer explained that this is in association with the Comprehensive Everglades Restoration Plan where they inject water into the Acquifer. She distributed a copy of the resolution to the City Manager regarding what the South Florida Water Management District recommends. Mrs. Archer stated the third item is a request for municipal assistance to identify areas of the City that present concerns for 911 calls because of differences in street numbering and similar street names. For example, Mrs. Archer stated in West Palm Beach there is a street that goes from 2300 to 1700 to 2800 because of acquisitions. In addition, Mrs. Archer stated Okeechobee Boulevard the houses are not numbered consecutively from one side to another. Mrs. Archer stated a major problem has been identified with cell phone 911 calls because people have no idea where they are and they cannot give directions. They have asked the City to look over various items that they have identified and let them know if we have priorities or if staff feels it is an issue or not. The City Manager stated there are some people who are interested in trying to establish a Countywide numbering system. However, the City Manager feels this would not work well here because it would cause a tremendous amount of disruption to implement the system. The City Manager stated he is not aware of any problems but he will look into this matter. 13.C.2. Commissioner Perlman In the interest of trying to get the word out regarding the final Downtown Charrette Meeting, Mr. Perlman stated he would be speaking to the Council of 100 next Wednesday regarding the plan in an effort to try and get some interest in the business community. The meeting will be held on Monday, September 10, 2001 in the Ocean Breeze Room at Old School Square. With regard to the Bed Race, Mr. Perlman concurs with Mr. Warner's comments and feels it was an enjoyable event. Mr. Perlman stated he was very surprised at the size of the crowd who attended the "Bed Race" and stated he heard a lot of comments about how nice Pineapple Grove Way (2nd Avenue) looks. He stated many people have not seen this area since the improvements and reiterated that there were many positive comments. -36- 09/04/01 Lastly, Mr. Perlman announced that Gerald Filippi who was the President of High Point Association and who had been active in PROD passed away at the age of 93. Mr. Perlman stated he moved from Delray Beach to Vero Beach and stated the services will be held at St. Vincent Ferrer Catholic Church. Mr. Perlman stated he would like to acknowledge that Gerald Filippi was a very good person. 13.C.3. Commissioner McCarthy Ms. McCarthy stated she also attended the Bed Race on Friday, August 31 st and noted that the event was a lively time. Ms. McCarthy stated she wanted to share with the rest of the Commission that when she was at the Florida League of Cities Meeting the City Attorney sat on one of the panels. Ms. McCarthy stated the City Attorney did a great job representing the Commission and was well prepared. Ms. McCarthy stated the City Attorney gave a very impressive presentation and thanked her for a job well done. 13.C.4. Commissioner Levinson Mr. Levinson asked how the Commission is going to set the Legislative priorities? Mr. Levinson stated he understands that the Legislative Delegation will be here on September 19th. He suggested that maybe next week the Commission could boil the priority list down to a manageable number. The City Manager advised the City Clerk to add this to the Workshop Agenda of September 11, 2001. 13.C.5. Mayor Schmidt Mayor Schmidt stated the Commission should have copies of the Resolutions that were passed at the Florida League of Cities Convention. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:45 p.m. City Clerk -37- 09/04/01 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 September 4, 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. -38- 09/04/01 Lastly, Mr..Perlman announced that Gerald Filippi who was the President of High Point Association and who had been active in PROD pass6d away at the age of 93. Mr. Perlman stated he moved from Delfay Beach to Vero Beach andstated the services will be held at-St.- Vincent Ferret Catholic Church. Mr. Perlman stated he would like to acknowledge that Gerald - Filippi was a very good person. 13.C.3. Commissioner McCarthy- -- Ms. McCarthy stated she also attended the Bed Race on Friday, A//gust 3 i st and noted that the event was a lively t_ime. Ms. McCarthy stated She wanted to share with the rest of the Commission that when she was at the Florida League of Cities Meeting the City Attorney sat on One of the panels. Ms. McCarthy stated the City Attorney did a great job representing the Commission and was well prepared. Ms. McCarthy stated the City Attorney gave a very impressive presentation and thanked her for a job well done. 13.C.4. Commissioner Levinson Mr. Levinson ask~ how the Commission is going to set the Legislative priorities? Mr. Levinson stated he understands that the Legislative Delegation will be here on_ _ September 19th. He suggested that maybe next week the Commission could boil the priority list down to a manageable number. The City Manager advised the City Clerk to add this to the Workshop Agenda of September 11, 2001. 13.C.5. Mayor Schmidt Mayor Schmidt stated the Commission should have copi~es of the Resolutions that were passed at the Florida League of Cities Convention. at 9:45 p.m. There being no further business, Mayor Schmidt declared the meeting ad. joumed City Clerk -37- 09/04/01 ATTEST: .. M'AY OR -- : - 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 September 4, ,1, which minutes were formally approved and adopted by the City Commission on · /O',ago, v/ · -! 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. -38- 09/04/01