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12-04-01DECEMBER 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 6:02 p.m., Tuesday, December 4, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby City Clerk Barbara Garito 2. The opening prayer was delivered by Reverend Dan Casselberry, Cason United Methodist Church. o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL. Mayor Schmidt stated the applicant has requested that Item 9.D., Green Market Expansion Request, be pulled from the Regular Agenda. Mayor Schmidt stated with regard to Item 8.G.2., Bid Awards of the Consent Agenda, the applicant is disputing some of the information contained in the backup and would like this item postponed to the Regular City Commission Meeting of December 11, 2001. Mr. Perlman requested that Item 8.D., Ramblin Rose License Agreement, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Perlman moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: 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. APPROVAL OF MINUTES: Ms. McCarthy noted a typographical error on page 2 of the minutes from the Regular Meeting of November 20, 2001. Mrs. Archer moved to approve the Minutes of the Regular Meeting of November 20, 2001, subject to the grammatical correction on page 2 as noted by Vice-Mayor McCarthy, 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. o PROCLAMATIONS: 6oAo Recognizing and Commending Shelly Weil and Janet Meeks Mayor Schmidt read and presented a proclamation commending and congratulating Shelly Weil and Janet Meeks for their excellent service and commitment to education in the City of Delray Beach. Janet Meeks~ Education Coordinator~ thanked the Commission for creating the Education Coordinator position and stated she has had a lot of fun doing this over the past eight months. Shelly Weil~ Chairperson of the Delray Beach Education Board~ thanked the Commission for their confidence and stated the students, teachers, and principals will all benefit from the Principal for a Day Program. Lula Butler~ Director of Community Improvement, stated she would like to take this opportunity to give a special thanks to Shelly Weil and Janet Meeks. Ms. Butler stated as a volunteer Mr. Weil put in numerous hours to make this program a success. Mr. Perlmam speaking as a Liaison to the Education Board~ thanked Shelly Weil and Janet Meeks for all their hard work and commitment. ° PRESENTATIONS: 7.A. Impressions of a Neig[hborhood Street - Art Contest Award - Traffic Calming Policy Brochure Officer Tony Durante, Delray Beach Police Department, stated the Police Department has been working with the City Engineer to come up with a way to get information out to the public regarding the current Traffic Calming Policy. Mr. Durante stated there is a program that exists in the City where a homeowners association or a group of people could apply for traffic calming features to go in their neighborhood. Mr. Durante stated while in police work and while visiting homeowners associations, he has had the opportunity to meet with individuals who have complained about speeding, etc. Mr. Durante stated traffic calming is a way to address the problem in a long-term sense. Mr. Durante stated he and Randal Krejcarek, City Engineer, designed a brochure and thought it would be a good way for students in the community to get involved so they asked second graders at Pine Grove Elementary School to help with the artwork for the cover of the brochure. -2- 12/04/01 At this point, Mr. Durante introduced the Judges of the Impressions of a Neighborhood Street Art Contest: JUDGES: · Henry Pelissier · John Miller · Inea Jean · Megan Illsley · Lori Durante Henry Pelissier, a Judge from the Impressions of a Neighborhood Street Art Contest introduced the following contestants: CONTESTANTS: 1st Place Winner: Zoe Fulco 2na Place Winner: Rafael Valderrama 3ra Place Winner: Grabrielle Laurent Mrs. Archer suggested that the original artwork be placed in poster frames and displayed in the lobby at City Hall. Mayor Schmidt commended and thanked Mr. Durante for all the work he put into this program. At this point, the time being 6:30 p.m., the Commission moved to Item 7.B. 7.8. Presentation of the Site Plan Review and Appearance Board Design Awards Old Dixie Barbecue (New Commercial Development) CRA Building (Public Facility - Co-winner) Orchard View Park (Public Facility - Co-winner) Pineapple Town (Retail Redevelopment Project) Spengler Construction (Office Redevelopment Project) Town Square (Multi-Family Residential Development) Crane's Beach House (Residential Exterior Renovations) 816 Palm Trail (Commercial Exterior Renovations) Crane's Beach House (Signage) Francisco Perez-Azua, Chairman of the Site Plan Review and Appearance Board (SPRAB), stated he is pleased to present the 2000-2001 SPRAB Design Award recipients. He thanked and congratulated the award winners in their efforts to create a superior urban design for the City of Delray Beach. Mr. Perez-Azua introduced and acknowledged the seven members of the Site Plan Review and Appearance Board all of which volunteer their time to the improvement of the -3- 12/04/01 community. Paul Dorling, Planning Director, stated he would like to take this opportunity to recognize Scott Pape, Senior Planner and Ron Hoggard, Senior Planner for the great job they did in preparing the entire Power Point presentation. Mayor Schmidt thanked Mr. Perez-Azua and the Board for all the fine work that they do with overseeing the applications. go CONSENT AGENDA: City Manager Recommends Approval. 8oAo ACCEPTANCE OF RIGHT-OF-WAY DEEDS/AUTOBAHN MOTORS: Acceptance of right-of-way deeds for Federal Highway and Old Dixie Highway associated with the Autobahn Motors Dealership, located on the west side of North Federal Highway, 920 feet north of NE 14th Street. 8.B. MODIFICATION TO PARKING LICENSE AGREEMENT: Approve the modification to Parking License Agreements regarding enforcement responsibilities to include the City Manager or his designee(s). 8.C. PROFESSIONAL SERVICES/FUSIVE (CITY WEB SITE): Approve professional services from Fusive in the amount of $58,000 for Phase II of the development of the City's web site. Funding is from 334-6111-519-31.90 (Other Professional Services). 8oDo THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. FINAL INVOICE/FINAL PAYMENT (BRONCO SERVICES): Approve the final invoice/final payment in the amount of $31,996.50 to Bronco Services to complete the small meter replacement project. Funding is available from 442-5178-536-52.31 (Water Meter Replacement). 8oFo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period of November 19, 2001 through November 30, 2001. 8oGo AWARD OF BIDS AND CONTRACTS: Purchase award to Otto Industries, Inc. in the amount of $16,486 for garbage carts, lids and warranty. Funding is available from 433-3711- 534-49.35 (Cart Renewal & Replacement). Bid award to U.S. Biosystems in the amount of $10,000 for the annual contract for laboratory analysis testing of water and wastewater for the Water Treatment Plant Lab. Funding is available from 441-5124-536- -4- 12/04/01 34.90 (Other Contractual Services). Bid Award #2 to U.S. Biosystems in the amount of $10,000 has been postponed to the Regular City Commission Meeting of December 11, 2001. Mr. Perlman moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A.A. RAMBLIN ROSE LICENSE AGREEMENT: Approve the automatic reassignment and reissue of license to Dane Mark's Ramblin' Riverboat, Inc. from Gray Line Water Tours for the operation of a cruise boat out of Veteran' s Park. Mr. Perlman asked if the City has assurance that Mr. Mark is going to get a cruise boat. In response, the City Attorney stated these are issues that need to be confirmed with Mr. Dane Mark and she is hoping to set up a meeting with Mr. Mark to see what his exact plans will be. The City Attorney explained that the license agreement is automatically re-assigned to Mr. Mark and if he does not follow the license agreement or does not produce the boat within a reasonable time then he is in default. Mr. Perlman expressed concern over Mr. Mark producing the boat within a "reasonable time" and stated he does not want to see this drag on for too long. Mr. Perlman moved to approve the Ramblin' Rose License Agreement, 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. 9oao RECOMMENDATION OF SITE PLAN REVIEW AND APPEARANCE BOARD/LONGHORN STEAK HOUSE & MATTRESS DISCOUNTERS: Consideration of architectural elevation modifications for the proposed Longhorn Steak House and Mattress Discounters located at The Plaza at Delray. (Formerly Picadilly Restaurant, pursuant to Section 4.6.18(B)(13) Land Development Regulations. Quasi-Judicial Hearing Paul Dorling, Planning Director, stated this proposal involves modification of the elevation to the existing 9,801 square foot restaurant (formerly Piccadilly Circus Restaurant) located in The Plaza at Delray (f/k/a Delray Mall) shopping center. The LDR's call for the out buildings to be consistent with the shopping center and if in fact they are not consistent they could be approved through an action of the City Commission. At its meeting of November 14, 2001, the Site Plan Review and Appearance Board approved the Class I! Site Plan and Landscape Plan modifications for the Longhorn Steakhouse and Mattress Discounters. The proposed elevation changes were denied by the Board as they were unable to make positive findings with respect to LDR Section 4.4.12(F)(2) and 4.6.18(B)(13) due to the incompatibility of the proposed building elevations with the -5- 12/04/01 shopping center and with each other. On November 28, 2001, the Site Plan Review and Appearance Board reconsidered the revised building elevations. The Board discussed these changes and found that while the building elevation is not consistent with the architectural style and color of the shopping center, they are complimentary to the overall shopping center. The City Attorney stated because this is involving a singular piece of land, this item should be treated as a Quasi-Judicial proceeding. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. The City Attorney asked the Commission to disclose any ex parte contacts. Mayor Schmidt stated he met with Mr. Shapiro, one of the owners of the shopping center to discuss this. Mrs. Archer stated she had a conversation with Alice Finst. Mr. Perlman stated he too had a conversation with Alice Finst. Ms. McCarthy stated she had no conversations with anyone. Mr. Levinson stated he had a conversation with Kelli Freeman, President of the Tropic Isle Association, Alice Finst and staff. At this point, Mr. Dorling entered into the record the Planning and Zoning Department's project file 2002-001. The City Attorney noted that the presentation made by Mr. Dorling has been accepted into the record. The following applicant came forward to address the Commission: Robert Shapiro~ Chief Operating Officer of the LefMark Group~ Florida~ Inc. and general partner of St. Steven Limited Partnership with the owner with the Plaza of Delra¥~ stated this out parcel represents the last remaining building that needs some sort of upgrade for that particular property. Mr. Shapiro stated in 1995/1996 his entity acquired the Plaza Delray and tore down approximately 200,000 feet and rebuilt about 150,000 feet. Mr. Shapiro stated he is very proud to have received a Special Recognition Award from the Delray Beach Chamber of Commerce for that project. Mr. Shapiro stated while staff initially felt the potential design for Long Horn Steakhouse is really out of character and inconsistent, Mr. Shapiro stated the national character of Long Horn Steakhouse with 135/145 units and the dramatic change from what is an eyesore to what is being proposed is really in character with an overall total of 350,000 feet. Mr. Shapiro stated he feels that SPRAB was correct in asking the LefMark Group to modify the Mattress Discounters portion of the plan to be more consistent internally with the Long Horn Steak House design. Mr. Shapiro stated this design is in good taste and is consistent with the rest of the quality of the center. He feels the design improves the overall project at Plaza Delray and urged the Commission to approve the architectural elevation. The City Attorney politely asked if there is anyone else who would like to speak for or against this request to please step forward at this time and address the Commission. Jim Smith~ 1225 S. Ocean Boulevard~ stated in his experience he has never seen nor has he ever heard of an out parcel split in half. Mr. Smith stated he feels the reason this -6- 12/04/01 parcel would be split in half is because when a merchant/owner of a shopping center wants to increase their revenue, they take a larger building and split it into other buildings. Mr. Smith feels this parcel is out of character with the neighborhood and urged the Commission to reject this proposal. Alice Finst~ 707 Place Tavant~ stated if you took a pair of scissors and cut it in half there would be two free standing buildings in their own design, color, and theme. Ms. Finst stated this does not work and agrees wholeheartedly with comments expressed by Mr. Smith. Ms. Finst stated this proposal is two buildings stuck together that should either be separate or should not exist at all. There being no one else from the public who wished to address the Commission regarding this item, the Quasi-Judicial Hearing was closed. Brief discussion followed between staff and the Commission. Mr. Perlman inquired about the City's policy regarding outbuildings and asked if there are any guidelines that there should be just one business. In response, Mr. Dorling stated there are currently no specific guidelines that address this issue. Ms. McCarthy commented that many times different shopping centers will have their own criteria about their out parcels. She stated that one of the things about this being two entities in one is that if something should happen and one of them go out of business, an entire parcel would not be left empty or become unsightly. Ms. McCarthy stated she feels that the frontage that the applicant changed so that the building has more curve appeal from Federal Highway is something that the Commission was looking for. Ms. McCarthy stated she is glad to see that the frontage has been addressed so that it is not offensive and people do not have to look at the loading docks. Mr. Levinson stated he feels it is important to make it clear that he is in no way related to Mr. Lawrence Levinson (architect). Mr. Levinson moved to approve the architectural elevation modifications for the proposed Longhorn Steak House and Mattress Discounters, subject to the condition as listed on page four in the Planning and Zoning Staff Report, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.B. EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/ VICTORY CAR WASH: Consider approval of an extension of a conditional use to allow the establishment of a car wash facility for Victory Car Wash, which is located at the southeast corner of SE 5th Avenue (Southbound Federal Highway) and SE 7th Street. Quasi-Judicial Hearing The City Attorney politely asked if anyone besides Mr. Dorling wishes to address the Commission, to please step forward at this time and be sworn in by the City Clerk. -7- 12/04/01 Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. The City Attorney has the Commission to disclose any ex parte contacts. Mayor Schmidt, Mr. Perlman, Ms. McCarthy, and Mrs. Archer had no ex parte contacts. Mr. Levinson stated he had a conversation with Bill Wood. Paul Dorling, Planning Director, stated this is a conditional use request to allow the establishment of a car wash facility that contains an automatic/mechanical system and hand detailing operation for Victory Car Wash. The development proposal includes the demolition of the existing improvements on the site construction of a 2,050 square foot mechanical wash facility, 750 square foot office/store, and 900 square foot covered detailing area and 375 square foot covered waiting area. In addition, the development proposal includes improvement of the alley located along the west property line, installation of six back-out parking spaces, and a dumpster enclosure. At its meeting of July 11, 2000, the City Commission approved this conditional use which is valid for 18 months and is due to expire January 11, 2002. Positive findings with respect to the extension request are made in the Planning and Zoning Staff Report and staff recommends approval of this extension request. Chaim Shore~ owner/applicant~ stated the reason they are asking for an extension is because they are having difficulty obtaining a loan because of the traffic count. Therefore, Mr. Shore stated they may request to do a hand wash in the meantime until the traffic count goes up so they can be approved for the loan to do Phase II which is the automatic full service car wash. The City Attorney politely asked that if anyone else from the public wishes to speak for or against the conditional use, they would need to step forward at this time. Brief discussion followed between staff and the Commission. Mr. Levinson asked Mr. Dorling if this could be permitted. In response, Mr. Dorling stated the hand wash portion of it would require a modification to the conditional use. Mr. Shore stated he would appreciate not having to go through the process again because it is time consuming and is a cost factor. Mr. Dorling stated that unfortunately for the applicant the LDR's require that it be approved through the conditional use process and would require Planning and Zoning recommendation and ultimately City Commission approval. Mr. Perlman asked Mr. Shore when he went for bank financing did they give him a number that they are looking for in that area. Mr. Shore stated the lender does not believe that the existing traffic would support the investment. Therefore, Mr. Shore explained he has been to several lenders who have denied his request. Ms. McCarthy asked for clarification whether or not this request is for an -8- 12/04/01 automated car wash and if there was any retail attached to this. In response, Mr. Shore stated this request is for an automated car wash and stated there is a small convenience store. Mr. Dorling explained that car wash facilities are a conditional use in the GC (General Commercial) and stated the conditional use is very specific and is only for an automated car wash. Ms. McCarthy asked if the applicant receives an extension that they are asking for here would they be able to open the retail part of this. In response, Mr. Dorling stated the retail was an accessory to the car wash function. Ms. McCarthy asked if the applicant were granted an extension, how long would this extension be for. Mr. Dorling stated the standard is eighteen months but if the Commission wished to do so they could extend this further. Mayor Schmidt asked if the applicant proposes to phase this by starting with the hand wash and then convert to the mechanical, would it require modification of this conditional use approval. Mr. Dorling stated the introduction of the hand wash would require a modification. Mr. Dorling stated it could be a minor modification which would require approval by the Planning and Zoning Board and a major modification would require a full process to the City Commission. With respect to Ms. McCarthy's comment about retail or stores, Mr. Dorling stated they can open up retail sales as a permitted use in the GC (General Commercial) so they could operate some facility without any conditional use requirement approval. Mr. Dorling stated given the fact that this property was an old gas station there may be some site upgrades that would accommodate that kind of use. Mr. Levinson stated he does not have a problem with granting the 18 months, but feels they may need to go back through and do the phasing by starting with the hand wash first to at least get them started. Mr. Levinson moved to approve the conditional use extension request for Victory Car Wash based upon positive findings with respect to Chapter 3 (Performance Standards), Sections 2.4.5(E)(5) and 4.3.3(D) of the Land Development Regulations, and the policies of the Comprehensive Plan valid for 18 months, 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. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. WAIVER REQUEST/RENEWAL OF TEMPORARY PARKING LOT PERMIT (BLOCK 86): Consider approval of a waiver to the Land Development Regulations Section 2.4.6(H)(3)(d)(5), to allow the renewal of a temporary parking lot permit to exceed the maximum time limit of three years for the Block 86 temporary parking lot, located at the south side of SE 1st Street and SE 3ra Avenue and the FEC Railroad track. Quasi-JudicialHearing The City Attorney stated this item will be conducted as a quasi-judicial hearing -9- 12/04/01 which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney politely asked if anyone besides Mr. Darling wishes to address the Commission regarding this waiver request, to please step forward at this time and be sworn in by the City Clerk. The City Attorney asked the Commission to disclose any ex parte contacts. Mr. Perlman stated he spoke with Ed Frakley of Dharma Properties. Mrs. Archer, Mayor Schmidt, and Ms. McCarthy had no ex parte contacts. Mr. Levinsan stated he spoke with Bill Wood and staff. Paul Darling, Planning Director, stated Dharma Properties is requesting a waiver to LDR Section 2.4.6(H)(3)(d)(5) to allow the renewal of their temporary parking lot permit to exceed the maximum time limit of three years. In October 1998, Dharma Properties was issued a temporary parking lot permit on the subject property. Mr. Dorling explained that the perimeter landscaping and lighting were installed. The north 1/3 of the lot is paved and the balance contains shell rock with paver block walkways. LDR Section 2.4.6 allows temporary parking lots for a maximum of three years and that requirement expired on October 2, 2001. Mr. Dorling stated the applicant is seeking an extension to allow him to continue for an additional year. At their meeting of November 27, 2001, the Parking Management Advisory Board recommended approval of this extension request. Staff also recommends approval of the waiver request for the additional year requested. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Brief discussion by the Commission ensued. Prior to the vote, Mr. Levinson expressed concern with regard to temporary parking lots and stated on the other hand there is nothing that precludes the applicant from making this a permanent parking lot by spending the money necessary to upgrade it to required standards for a full parking lot. Mrs. Archer commented that this parking lot is not open for the public at all and stated the lot is closed unless it is being used for some particular event. Mr. Perlman commented that he would like to see the applicant pave the parking lot. The City Manager commented that it has not been extended under the temporary parking lot section afthe Code, but it is in fact an unpaved temporary lot that has been extended for more than three years. Mr. Darling stated to his recollection and under the temporary parking lot LDR's -10- 12/04/01 Section, this is the first time that this has exceeded the three years and has been applied. Mrs. Archer moved to approve the waiver request to allow the renewal of a temporary parking lot permit to exceed the maximum time limit of three years for the Block 86 temporary parking lot, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - No; Mayor Schmidt - Yes; Mr. Perlman - No. Said motion failed with a 3 to 2 vote. 10.B. ORDINANCE NO. 59-01 (SECOND AND FINAL READING): An ordinance amending the Land Development Regulations Section 2.4.4(F) (Extensions) adding paragraph (4) regarding litigation, which prevents construction. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 59-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION (F), "EXTENSIONS", BY ENACTING A NEW SUBPARAGRAPH (4), "LITIGATION PREVENTING CONSTRUCTION", TO PROVIDE GUIDELINES FOR EXTENSIONS WHEN LITIGATION IS FILED TO PREVENT CONSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 59-01 is on file in the City Clerk's office) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission on this item, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 59-01 on Second and FINAL Reading, 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. ll.A. City Manager's response to prior public comments and inquiries. -11- 12/04/01 With regard to a prior concern expressed that a house had been torn down with only a fireplace left standing and why that was done, the City Manager stated in the past the only reason to leave a wall after demolition was to ensure that the elevation was not changed. The City Manager explained that FEMA's current rule requires that any building with a 51% improvement must be built to current standards. Thus, the slab must meet flood zone requirements otherwise one cannot obtain flood insurance. The City Manager stated there is no advantage to leaving any part of a demolished single family home if it is going to be reconstructed. The City Manager stated impact fees are based on use and are set by Palm Beach County. The City Manager stated if for instance a building was completely torn down a couple of years ago and someone comes in to build, they can still get credit for the previous use for impact fee purposes. Secondly, with regard to a concern expressed about Sopra Restaurant not observing the requirements of their valet parking license. The City Manager stated a warning th notice was sent to the licensee on November 29 citing similar fractions of the license agreement and the changes being proposed to the agreement broadening enforcement capabilities will help us to do a better job of policing that. The City Manager stated there was a prior inquiry regarding the property located at 906 S.W. l0th Street. This property has 17 prior Code Enforcement cases logged against them since 1992. The watermelon sales have ceased quite some time ago and the vehicles that were for sale were being placed on the vacant lot by a local car dealer and the renter of the property who the City has tracked down. The car dealer was warned and ceased placing vehicles on the vacant lot and the renter of the property is not a car dealer and was selling his own cars. However, the City Manager stated this will also be discontinued. The City Manager stated staff has had two conversations with the owner of the property concerning the appearance of the exterior. In the past, the property has been cleaned up after visits by Code Enforcement and then reverted to an acceptable condition. The City Manager stated staff is working with the owner to try and make the changes permanent and the property will be re-inspected on December l0th to determine the extent of compliance and what further action might be required. 11.B. From the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ stated that the Commission needs to be sensitive to the feelings and provide services for the people who live east of the Intracoastal. Mr. Smith stated in the past he has addressed the Commission about numerous concerns to improve things on the east side of the Intracoastal. Mr. Smith urged the City to install a sidewalk near the Seagate Hotel and Beach Club because he is concerned that someone will be seriously injured or killed while crossing A-1-A. He pleaded with the Commission to address this problem immediately. ll.B.2. Jean Beer~ 2145 S.W. 26th Terrace~ thanked the City Manager for the letter regarding the house located at 906 S.W. l0th Street. Ms. Beer expressed concern over the increasing number of cars on this lot from yesterday afternoon until this evening. -12- 12/04/01 11.B.3. Alice Finst~ 707 Place Tavant~ stated that presentations are not being made in an appropriate fashion for the public to see and commented that some Boards (i.e. SPRAB) are not using Power Point. The City Manager stated that all presentations should be done on either Power Point or an overhead transparency. 9.C. BON[IS PAYMENT TO JCD SPORTS GRO[IP: Consider approval of the FY 2000-2001 bonus payments to JCD Sports Group for golf operations in the amount of $17,500 and for Tennis Center operations in the amount of $3,000. Funding is available in the amount of $12,000 from 445-4711-572-34.90; $5,500 from 446-4711-572-34.90; $1,500 from 001-4124- 572-34.90 and $1,500 from 001-4133-472-34.90. (Other Contractual Services). Robert A. Barcinski, Assistant City Manager, stated this is a request to consider a bonus payment to JCD Sports Group for golf operations for F/Y 2000-01 in the amount of $17,500 and $3,000 for tennis operations. Mr. Barcinski stated per terms of the management agreement, Mr. Dubin is eligible for up to 15% of the annual fee of $135,900 for golf which would be a bonus amount eligible of $20,385 as well as the tennis contract being eligible for up to 15% of the annual fee of $44,000, which would make Mr. Dubin eligible for a bonus amount of up to $6,600. Mr. Barcinski explained that staff agrees with the amount requested for golf and recommends a $2,000 bonus for tennis versus the $3,000 requested. Discussion by the Commission followed. With regard to the operating profit for Lakeview, Mr. Perlman asked why the projection is so far from the actuals. In response, Mr. Barcinski stated the projections are based on the unaudited figures that are taken from the income statement which may change when it is audited. Mr. Barcinski stated staff indicated that they would try to increase the net operating profit from $188,000 to $190,000. Mr. Barcinski stated the final audited net profit for the previous year was $159,255 but ended up at $85,368 this year. The previous year was brand new and Mr. Barcinski stated some rounds this last year have dropped and some expenses have gone up. Mr. Perlman asked what the rounds for 2000 were. In response, Mr. Barcinski stated he does not have that number but believes it is less than 60,000. Mr. Perlman commented that it seems as though there is a significant drop in rounds but it is not huge and yet the drop in profit is pretty steep. Brahm Dubim President of JCD Sports Group~ stated the year before was an incredible year and those performance measures were used. Mr. Dubin explained that normally $85,000 is in line and stated these are incredible profits for an executive course. Mr. Perlman commented that he is trying to understand why there was a drop in rounds by 6,000 and why the profit fell in half. -13- 12/04/01 Mr. Levinson stated he would like to see a different approach used and looked at each of these items and assign a value to it to weight an average. Mr. Levinson stated he tried to make this as purely objective as he could. In the case of golf, Mr. Levinson stated out of a total of 187 points between the two courses they achieved 112 points which was 60% of the total. If you multiple that number times the available bonus that would give them a $12,231 golf bonus not $17,500. In the case of tennis, Mr. Levinson stated there were 100 points available and not a lot of the tennis objectives were met so they ended up at 30% of the points potential times the $6,600 potential bonus and came up with $1,980 of actual bonus. Mr. Levinson stated he assigned points to make this as objective as possible and suggested that this year the City identify the more important issues that the City wants JDC Sports Group to achieve. Mr. Levinson stated that it is obvious that net income is more important than whether or not 10 trees need to be replaced. Mr. Levinson stated he cannot concur with the recommendation of $17,500 or $2,000 but instead recommends a bonus amount of $12,231 for golf and $1,980 bonus amount for tennis. Mr. Perlman stated he agrees with Mr. Levinson about the Melaleuca trees and feels this should not be listed as a goal but something that is routine like cutting the grass. Mr. Perlman stated he prefers that JCD does ambitious but realistic goals and asked who is actually setting the numerical goals. In response, Mr. Barcinski stated he concurs with the management staff at the golf course and some of the numbers come from the Budget document which is ultimately approved by the City Commission. Mr. Perlman stated he would prefer that they have ambitious but realistic goals. The City Manager commented that the courts were not ready as early as what was anticipated. Ms. McCarthy commented that last year when the goals were being projected, the Commission asked for realistic goals. She stated the projections were based on all that happened but the projections did not happen as soon as were anticipated. Ms. McCarthy stated the Commission approved these goals because these goals seemed obtainable. She asked if this contract is based on making projections and whether or not these projections have to be achieved in order to earn the bonuses. Mr. Barcinski stated that he believes the way the contract reads, it gives the percentage of the fee based on performance measures set and approved by the City Commission. Mr. Barcinski stated these are based on budget projections that are set in the budget as well as other factors that are not included in the budget. Mrs. Archer stated she feels it is an excellent idea to assign weighted figures to the goals to be achieved and would like to see some changes for the upcoming year. Mrs. Archer feels for the future, the goals should be more realistic and suggested that the Commission make it very clear on what basis they expect achievement and weight the achievement of the various goals. Therefore, Mrs. Archer stated there is an understanding going forward. Mr. Perlman stated the golf rounds at the Municipal Golf Course are only off by -14- 12/04/01 4,000 and he would like clarification as to why the profits have been cut in half. Mr. Barcinski stated the expenses increased by approximately $23,000. Ms. McCarthy asked what kind of expenses have actually increased. Mr. Barcinski stated he is not sure exactly what line item expenses have increased. The City Manger suggested this item be delayed until next week in order to do a complete analysis of Lakeview and explain what happened. Mr. Levinson stated the Commission needs to refocus these goals and stated he has less concern about the gross sales in the dining room or the gross sales in the pro shop as he does about the net income. For example, Mr. Levinson stated with regard to tennis, five of the eight items did not meet the objectives. Mr. Levinson stated that going forward the Commission should prioritize the goals and create a grid system. Mrs. Archer stated for future use when the Commission gets to the point of reviewing what happened and deciding on bonuses the Commission needs to have more definitive information and answers so that when there is a review, the Commission has the ability to ask questions and receive response so that they know what is going on. Mr. Levinson stated there were a number of references in the document from JCD Sports Group that reference customer satisfaction. He stated this has not been consistently surveyed and suggested that there be a customer service survey. Mr. Levinson feels these types of surveys are good assuming that they come back to the City Manager's office or an independent verification entity on a regular basis. It was the consensus of the Commission to table this item until next week. 9.D. GREEN MARKET EXPANSION REQUEST: Consider a request from the Green Market to allow the market to expand and utilize a portion of SE 2nd Avenue from Atlantic Avenue to just north of the first parking lot entrance. This item has been withdrawn by the applicant. 9.E. JOINT PARTICIPATION IN THE WXEL-TV CONSORTIUM: Consider joint participation in the WXEL-TV Consortium, which will be comprised of local jurisdictions in support of local programming production. Funding allocated will be devoted to the production of South Florida Today (SFT) airing at 7 p.m. on Monday, Wednesday and Friday and at 6:30 p.m. on Saturday. The City Manager made reference to a letter from Mr. Fred Flaxman, Vice President for Development of WXEL, and explained that he attended a couple of meetings that WXEL has had with City Representatives. The City Manager stated WXEL is seeking support from cities to expand some of their magazine type coverage and are also looking for private donation support. The City Manager stated that the City of Boynton Beach has agreed to donate $10,000 this year. The City Manager stated the initial idea was to expand the magazine coverage and when City staff met to discuss it, WXEL threw in the thirty second spots for every $200 -15- 12/04/01 contributed as a value added piece. The City Manager feels this is worthwhile to be a part of this and participate at a level of $2,000 this year. Mayor Schmidt asked if this would exclude the City from participating with the Boca Education TV. In response, the City Manager stated this would not exclude the City from participating. The City Manager explained that as WXEL converts to digital, they will be picking up a lot of the educational effort because as he understands it there will be a statewide educational broadcast via digital that will be available to put out as part of their signal. However, the City Manager stated this will be a couple years down the road. Mr. Perlman asked how much it is to produce the spots. In response, the City Manager explained that WXEL would be broadcasting spots that the City gives them unless we would want them to produce them. There have been spots donated while others have cost a few thousand dollars to produce. Mr. Perlman asked if the City has this capability in-house. In response, the City Manager explained that the City does not have this capability in-house. Mr. Levinson stated he discussed this with the City Manager as well as the golf course and he views this more as a contribution to a community group much the same as the City has done with others who have requested money from the City to promote Delray (i.e. singing group that went to Europe, Atlantic High School Band that went to Aloha Bowl). Mr. Levinson stated that most of what WXEL is proposing to do they are obligated to do per their Charter. Mr. Levinson stated he feels WXEL is a great station and has been a supporter both corporately as well as individually. However, Mr. Levinson expressed concern that the City may not be ready to do this in terms of spots and stated the Legislation is about to finish and commented that the City will probably feel some impact to the sales tax reduction. Mrs. Archer stated she sees this as an opportunity to promote community events and feels there are many opportunities where this would be useful to the City. Mrs. Archer stated she would like to see Delray keep its name in front for a minimal contribution. In addition, Mrs. Archer stated she would be in favor of participating on an initial basis to see where it goes and what can be done later. Prior to the vote, the following discussion ensued. Ms. McCarthy inquired about the funds allocated for public relations and asked if it is possible for the City to pay for this with those funds. In response, the City Manager stated these funds are earmarked at this point for things the City is already planning to do. Mrs. Archer moved to approve the joint participation in the WXEL-TV Consortium, 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 - No. Said motion passed with a 4 to 1 vote. 9.F. LINTON BOULEVARD WIDENING: Discussion regarding the County's plan to construct a guardrail along the north side of Linton Boulevard between Germantown Road and Congress Avenue. -16- 12/04/01 The City Manager stated this item before the Commission is regarding a proposal for a guardrail on the north side of Linton Boulevard. The City Manager stated since he drafted this, he has not had the opportunity to speak with Palm Beach County Commissioner Mary McCarty about this. The City Manager explained that this has been added into the project as a request from the residents of Pines East that were concerned about having the traffic that much closer to their homes. The City Manager recommends that something be worked out that would not be a maintenance headache and something that would be more appealing. The City Manager stated he mentioned to Commissioner McCarty the example of the guardrail by the Community Child Care Center which is on the back side of the sidewalk. Now that the shrubbery has matured, someone cannot even tell the guardrail is there. The City Manager stated he wanted the Commission to be aware of the situation and asked for their support in order for staff to work with the County to try and come up with a different solution. It was the consensus of the Commission to allow the City Manager to work with Palm Beach County to try and come up with a different solution. 9.G. APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Appoint Jeffrey Collier for the position of Assistant City Attorney I effective December 10, 2001. The City Attorney stated there were over 100 applicants for this position. Mr. Collier was selected because he was one of the top applicants and a member of the law review while he attended law school. The City Attorney stated Mr. Collier was also a staff attorney for the 15th Judicial Circuit Court and when she checked his references, many of the judges gave him glowing comments. Mr. Perlman moved to appoint Jeffrey Collier for the position of Assistant City Attorney ! effective December 10, 2001, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint two (2) members to the Planning and Zoning Board to fill unexpired terms. Based on the rotation system, an appointment will be made by Commissioner Perlman (Seat #1) for a term ending August 31, 2002 and Commissioner Archer (Seat #2) for a term ending August 31, 2003. Mr. Perlman moved to appoint Kevin Warner (Engineer) as a member to the Planning and Zoning Board to fill an unexpired term ending August 31, 2002, 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. Mrs. Archer moved to appoint Mark Krall (Attorney) as a member to the Planning and Zoning Board to fill an unexpired 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 - No. Said motion passed with a 4 to 1 -17- 12/04/01 vote. At this point, the Commission moved to Item 12, First Readings portion of the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 60-01: An ordinance amending the Future Land Use Map (small-scale) from County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low Density Residential 0-5 de/ac) and associated annexation with initial zoning of R-i-AAA for the Mason Property, located on the west side of Barwick Road, approximately 500 feet south of Sabal Lakes Road. If passed, a quasi-judicial hearing will be scheduled for January 8, 2002. The City Manager presented Ordinance No. 60-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE WEST SIDE OF BARWICK ROAD AND NORTH OF LAKE IDA ROAD, APPROXIMATELY 500 FEET SOUTH OF SABAL LAKES ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPLEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 60-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated the 0.88 acre property is currently located in unincorporated Palm Beach County and has an AR (Agricultural Residential) zoning designation. The property is located within the City's Planning Area and the owner is seeking voluntary annexation at this time. -18- 12/04/01 The property contains an existing 3,867 square foot one-story single family home and the annexation request has been made in conjunction with a request for city water services. At its meeting of November 19, 2001, the Planning and Zoning Board held a public hearing and there being no discussion regarding the proposal, the Board unanimously recommended approval of this annexation request. Mr. Perlman moved to approve Ordinance No. 60-01 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to Mr. Perlman's inquiry about the timing on the Emergency Management Grant, the City Manager stated the preliminary scores for grant awards are mailed April 15th. There is an appeals process with a deadline of May 6th. Pending no appeals, the City Manager stated the final scores and awards will go out May 6th and the City will have 21 days to accept or reject the grant award. Also, the City Manager stated the Finance Department has completed a report on the grants the City has received over the last five years and this will be presented to the Commission. 13.B. City Attorney. The City Attorney stated she will be hand delivering the ordinances with the ballot questions to the Commission. The City Attorney stated she is hoping to get these ordinances on the meeting of December 11, 2001, for a first reading with the second reading on January 8, 2002. The City Attorney informed the Commission to feel free to make any comments before next Tuesday. Secondly, the City Attorney welcomed Jeffrey Collier, the new Assistant City Attorney I, who will start employment with the City effective December 10, 2001. 13.C. 13.C.1. City Commission. Commissioner Levinson Mr. Levinson had no comments or inquiries on non-agenda items. 13.C.2. Commissioner McCarthy season. Ms. McCarthy stated she would like everyone to have a fabulous and safe holiday -19- 12/04/01 13.C.3. Mayor Schmidt Mayor Schmidt commented that Theresa LePore, Supervisor of Elections, will be here on December 11, 2001. Mayor Schmidt stated the new voting equipment will be set up in the lobby of City Hall and Ms. LePore will be giving demonstrations on how to use the equipment. In addition, Mayor Schmidt stated Ms. LePore will be making a presentation to the Commission at 6:00 p.m. Furthermore, Mayor Schmidt requested that a Press Release go out so that if people are interested, they can come and take a look at the new machines before they actually have to vote in March, 2002. 13.C.4. Commissioner Perlman With regard to the joint meeting with the CRA, WARC and the City Commission, Mr. Perlman stated he was reviewing the report from this meeting and noticed the City has blown a lot of the timeframes. Mr. Perlman stated the City did not sit with the CRA in October regarding the budget and stated he believes that they were required to have a public_relations plan by October/November. Mr. Perlman stated the meeting was well worth it but feels unless the City needs to follows-through it is ultimately not worth it. Secondly, Mr. Perlman commented that Caridad Asensio who headed and founded the Migrant Association of South Florida and built the health clinic out west in Boynton Beach, was struck by a car last night and is in critical condition. Mr. Perlman stated he has known Ms. Asensio for approximately fifteen years and stated she has also done a lot for farm workers in this area, west Delray in particular. Mr. Perlman asked everyone to keep her in their prayers and feels she has been an incredible asset to the community. The City Manager stated the CRA has formally adopted their report on the Joint Planning Session and the report is now going to WARC. The City Manager stated after WARC adopts the report, they would like the City Commission to formally adopt it. 13.C.5. Commissioner Archer Mrs. Archer stated Theresa LePore, Supervisor of Elections, was at Rotary at lunch giving everyone a demonstration on how to vote and this is the second time she has seen has seen the new voting equipment and is looking forward to learning a third time. Mrs. Archer stated that Ms. LePore informed her that in some of the more mature communities, they were very impressed with the ease at which people were able to vote. Mrs. Archer stated this is very encouraging to know. Secondly, Mrs. Archer stated Dale Griffin-Briese who is a long time resident of the City and at one time lived outside the City limits, stated she and her husband built a house in Osceola Park. Mrs. Archer stated Ms. Briese invited the Commission, staff, and the CRA to for a short reception at their two-story home. Mrs. Archer suggested that next week the Commission can discuss some dates as to when they would like to go see the home. -20- 12/04/01 at 8:00 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on December 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. -21- 12/04/01 at 8:00 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on December 4, 20~01, 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. 5 -21- 12/04/01