Loading...
05-07-02MAY 7, 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 7, 2002. 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 o The opening prayer was delivered by Mayor Schmidt. o The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt stated he has received a request from Officer Skip Brown that Item 8.Q., Special Event/3ra Annual Haitian Flag Day Celebration, be removed from the Consent Agenda. Mayor Schmidt noted that Item 8.T., Ramblin Rose License Agreement has been moved to the Regular Agenda as Item 9.1. Mayor Schmidt stated there is a request to postpone the proclamation for Kids Day America/International. Mayor Schmidt stated there is also a request to add Item 7.D., Delray Affair - Lynn Bialakis to Presentations. The City Attorney noted an amendment to Item 9.K., Purchase of Breezy Ridge Properties, changing this from twenty-two (22) to twenty-seven properties. In addition, the City Attorney noted an amendment to Item 12 (First Readings), Ordinance No. 13-02(A) and Ordinance No. 13-02(B). Mr. Perlman moved to approve the Agenda as amended, 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. APPROVAL OF MINUTES: Mayor Schmidt noted a correction to page 7, third paragraph under Item 9.A.A. and stated the words Momentation Committee should read Implementation Committee. Mr. Levinson moved to approve the Minutes of the Regular Meeting of April 2, 2002, as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to approve the Minutes of the Special Meeting of April 8, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote (Mrs. Archer absent from April 8, 2002 meeting). Mayor Schmidt noted a typographical error to page 8, paragraph 4. The word buidable should be buildable. Mrs. Archer moved to approve the Minutes of the Regular Meeting of April 16, 2002, as amended, 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. o PROCLAMATIONS: 6oAo National Preservation Week- May 12 - May 18~ 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming May 12, 2002, through May 18, 2002, as National Preservation Week. Wendy Shay, Historic Preservation Planner came forward to accept the proclamation. Mary Swinford, Delray Beach Historical Society, thanked the City of Delray Beach for their support and stated she is working very closely with Wendy Shay to put together a fun celebration of National Preservation Week. In addition, Ms. Swinford thanked Bonnie Deerfield of the Historical Resources Division of the State of Florida and Old School Square as well. 6oBo Kids Day America/International - May 18~ 2002 Dr. Tanya Hlinka requested that the proclamation for Kids Day America/International be postponed until September. -2- 5/07/02 6.C. National Safe Boating Week - May 18 - May 25~ 2002 Mayor Schmidt read and presented a proclamation hereby proclaiming May 18th through May 25, 2002 as National Safe Boating Week. On behalf of the Coast Guard, Commander Patrick Feighery came forward to accept the proclamation. Mr. Levinson stated it is important to note that several of those Auxiliary members including Mr. Schwartz who is in here this evening, are also members of the Delray Beach Volunteer Marine Patrol. 6ono National Public Works Week- May 19 - May 25~ 2002 Mayor Schmidt noted a proclamation hereby proclaiming May 19th through May 25, 2002 as National Public Works Week. ° PRESENTATIONS: 7oAo Awards Presentation - Historic Preservation Week Poster Contest Wend¥ Sha¥~ Historic Preservation Planner~ stated the City in conjunction with the Planning and Zoning Department sponsored a Historic Preservation Poster Contest. Ms. Shay stated all full-time Delray Beach students from grades 6-12 were invited to participate in the contest. Ms. Shay stated there were 26 participants from Atlantic High School, St. Vincent Ferret School and American Heritage. Ms. Shay stated the CRA donated $250 in order for the City to purchase a $500 savings bond for the first prize for the poster contest. Ms. Shay introduced the following three winners of the Historic Preservation Week Poster Contest and presented each winner with an award: Paola Sanchez - 1st Place Michael Santorsola - 2nd Place A.J. Rosenthal - 3rd Place 7oBo National Recreation and Parks Association Aquatics Award Bob Taylor~ Ocean Rescue Superintendent~ stated he is honored this year by the National Recreation and Parks Association to win the National Aquatics Excellence Award. Mr. Taylor stated in the past the Ocean Rescue Team for running, rowing, and paddling. However, this particular award for all the service the Delray Beach Ocean Rescue provides to the community and presented the plaque to the City Commission. 7.C. Speeding on Lindell Boulevard Mary Lou Ciambriello~ 721 Lindell Boulevard~ presented the City Commission with thirty-four signatures of people in the area requesting that something be done about the speeding on Lindell Boulevard. Ms. Ciambriello urged the Commission to immediately address this concern. -3- 5/07/02 7.D. Delray Affair - Lynn Bialakis Lynn Bialakis, Event Director for the Delray Affair and Special Event Coordinator for the Greater Delray Beach Chamber of Commerce, expressed her gratitude and appreciation for the City's support of the annual Delray Affair. Ms. Bialakis stated the Delray Affair celebrated its 40th anniversary this year and commented that more than 250,000 people attended the event over the three days. Ms. Bialakis presented the City Commission with a framed commemorative poster of the 40th anniversary for the Delray Affair. go CONSENT AGENDA: City Manager Recommends Approval. 8oao RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of April 18, 2002. 8ogo DISTRIBUTION OF FY 2003 DRUG CONTROL & SYSTEM IMPROVEMENT FUNDS: Approve the distribution of FY 2003 Drug Control & System Improvement (DCSI) funds (aka Byrne funds) in the amount of $730,760 as recommended by the Criminal Justice Commission, and authorize the Mayor to send a letter agreeing to the allocation of these funds. 8.C. AWARD OF CONTRACT/CIGNA: Approve the City's Group Long-Term Disability Plan with CIGNA effective May 1, 2002 for a period of two (2) years. 8.D. ADVANCED PUBLIC SAFETY, INC. AGREEMENT: Approve an agreement between the City of Delray Beach and Advanced Public Safety, Inc. for the research, development of technology and equipment, and implementation of the Advanced Public Safety (APS) Software for the Delray Beach Police Department. 8.E. CITY OF DELRAY BEACH/CRA/SANDERSON AGREEMENT: Approve an agreement between the City of Delray Beach, Community Redevelopment Agency, and David Sanderson in the total amount of $23,830.00 for the splitting of the cost of installing drainage and brick pavers in the alley on the south side of Atlantic Avenue and just east of Northbound U.S. 1. 8.F. AMENDMENT NO. 5/MATCHPOINT, INC. AGREEMENT: Approve Amendment No. 5 to the agreement between the City of Delray Beach and MatchPoint, Inc. which provides that Matchpoint no longer has the right to sell naming rights for the Tennis Center. 8.G. LOCAL DOMESTIC PREPAREDNESS EQUIPMENT PROGRAM AGREEMENT: Approve an agreement between the City of Delray Beach, City of Boca Raton, and the Division of Emergency Management to accept $165,000 worth of monitoring devices and other equipment used to respond to hazardous material incidents and other acts related to terrorist activities. -4- 5/07/02 8.H. RESOLUTION NO. 40-02: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of one (1) Electronic Capnography Device, one (1) 12-Lead Monitor Defibrillator, and one (1) Automatic Transport Ventilator. The caption of Resolution No. 40-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2002/2003. (The official copy of Resolution NO. 40-02 is on file in the City Clerk's office.) 8.1. CONTRACT ADDITION/RPM GENERAL CONTRACTORS, INC.: Approve a Contract Addition (C.O. #1) to the ESD/Police Department Interior Modifications Project in the amount of $32,060.00 to RPM General Contractors, Inc. for the restoration of the cupolas at Fire Headquarters. Funding is available from 334-6112-519-46.10 (Repair and Maintenance/Building Maintenance). 8.J MODIFICATION TO PARKING LICENSE AGREEMENTS: Approve the modification to Parking License Agreements regarding enforcement provisions and non- restricted use of queuing areas by licensees. 8.K ACCEPTANCE OF EASTMENT DEED/It & S DEVELOPMENT: Approve and accept an easement deed granting to the City the means to maintain a sanitary sewer main that will be constructed by the developer of a warehouse building located on the south side of S.W. 10th Street just east of 1-95. 8.L. BID AWARD/SOUTHEASTERN PUMP CORPORATION: Approve a contract award to second lowest bidder, Southeastern Pump Corporation at an estimated annual cost of $65,270.00 for submersible wastewater pumps. Funding is available from 441-5144-536- 46.20 (Water/Sewer Fund/Equipment Maintenance). 8.m. FINAL SUBDIVISION PLAT APPROVAL/TOWN PLACE AT DELRAY: Approve the subdivision plat for Town Place at Delray, located at the southwest intersection of N.E. 6th Avenue and N.E. 2nd Street. 8.N. FINAL SUBDIVISION PLAT APPROVAL/BORTON MOTORS PLAT 2: Approve the boundary plat for Borton Motors, located on the east side of North Federal Highway north of the Borton Volvo Property. 8.0. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund subsidies for five (5) eligible applicants/families in the amount of $18,226.00 for 315 NW 12th Avenue, $20,250.00 for 131 NW 11th Avenue, $20,250.00 for SW 8th Avenue, $22,500.00 for SW 6th Avenue, and $22,500.00 for SW 6th Avenue. This brings the number to 142 homeowners -5- 5/07/02 assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). 8.P. HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve Housing Rehabilitation grant\contract awards through Community Development Division in the amounts of $22,470.00 to Craftsman Plus, Inc. (310 NW 7th Avenue), $15,718.50 to Henry L. Haywood (1302 Prospect Street), $17,325.00 to South Florida Construction (618 SW 5th Avenue), $20,616.75 to Alpha South Construction (328 NW 11th Avenue), $14,568.75 to Preston Construction (108 SW 8th Street). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). 8.(~). THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.R. RESOLUTION NO. 41-02: Approve Resolution No. 41-02 authorizing the Community Redevelopment Agency (CRA) to acquire BiLo Market and Laundry by gift, purchase, or eminent domain. The caption of Resolution No. 41-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS HEREINAFTER DESCRIBED BY THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EM1NENT DOMAIN; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (The official copy of Resolution No. 41-02 is on file in the City Clerk's office.) 8.S. PINEAPPLE GROVE MAIN STREET, INC. AGREEMENT: Approve an agreement between the City of Delray Beach and Pineapple Grove Main Street, Inc. in the amount of $45,000.00 for the reimbursement of expenses for certain streetscape elements. 8oTo ITEM MOVED TO REGULAR AGENDA AS ITEM 9.I. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a gram application to the Children's Services Council (CSC) for funding in the approximate amount of $130,328.00 for the City's out of school program, day camps and summer camp programs. 8oVo SHERWOOD FOREST HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Sherwood Forest Homeowners Association for Community Policing on its property. 8oWo SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $16,775.00 to allow the applicant to secure new financing. -6- 5/07/02 8.X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 15, 2002 through May 3, 2002. 8oYo AWARD OF BIDS AND CONTRACTS: 1_ Purchase award to Turner Outdoor Equipment in the total amount of $22,623.44 via the Orange County School Board Bid #99-04-08 for one (1) John Deere Tractor/Front End Loader for the Delray Beach Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). 2_ Purchase award to Hector Turf in the amount of $17,499.39 via General Services Administration (GSA) contract #GS-07F-8722D (18HO) for one (1) Greensmaster 3100 (18HP) tractor. Funding is available from 446- 4761-572-64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment). 3_ Service award to Pressure Cleaning Services, Inc. (sole service provider) in the total amount of $16,800.00 for the cleaning (descaling) of Clarifier #1 at the Water Treatment Plant. Funding is available from 441-5122- 536-34.90 (Water Treatment & Storage/Other Contractual Services). 4_ Purchase award to Municipal Code Corporation in the amount of $14,000.00 for the reprint and codification of the City Code of Ordinances to include thirty-seven (37) new books and a computer software program. Funding is available from 001-1411-512-47.90 (Other Printing Costs). Mrs. Archer moved to approve the Consent Agenda as amended, 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 motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/SHERWOOD PONTIAC DEALERSHIP: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding Sherwood Pontiac Dealership, located on the west side of Federal Highway, south of Linton Boulevard. Quasi-Judicial Hearing The City Attorney stated this item will be conducted as a quasi-judicial hearing, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney asked the Commission to disclose any ex parte contacts for the record. Mr. Levinson, Ms. McCarthy, Mayor Schmidt, Mr. Perlman, and Mrs. Archer had no ex parte contacts. -7- 5/07/02 The City Attorney stated anyone from the public who wishes to address the Commission regarding the appeal, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2002-051 into the record. Mr. Dorling stated on November 15, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a modification to the property which included a demolition of the existing showroom at Sherwood Pontiac with construction of a new showroom with a write-up building along the north side. The write-up building contained a store-front style overhead door that consisted of multi-pane windows. The applicant requested replacing the store-front overhead door with a non-decorative metal roll-up door. The Board denied this request since the write-up area doors will be visible from Federal Highway and that the metal roll-up doors would be aesthetically incompatible along this arterial road. On April 10, 2002, SPRAB considered an amendment which involved a 2,255 square foot second floor addition on the write-up building and a change to the overhead door. The change from the previously approved storefront overhead door was to a non-decorative metal roll-up door. The Board's motion was to approve the modification request subject to the applicant retaining the previously approved door or providing an alternative decorative door. Roger G. Sabersom Attorney for Sherwood Pontiac GMC Truck~ Inc. stated the dealership was originally approved for a major renovation, demolition of the existing showroom, and reconstruction of a new showroom which is currently under construction and will be a major aesthetic improvement to this area as well as a functional improvement. Mr. Saberson stated as a dealership they have practical considerations, problems, and limitations with using the glass doors given the fact that the second storage has been done for the service write-up area. In terms of height, Mr. Saberson stated originally the service write-up area was approximately 1 lA stories. Mark Marsh~ architect with Digby Bridges~ Marsh & Associates~ P.A. stated the previously approved sectional overhead doors which are now reduced in height to ten feet be modified and changed to an aluminum metal door rather than the sectional glass door. Mr. Saberson stated aside from the operation during the day and having the doors open and in the event there were glass doors with hurricane shutter type doors in front of the glass doors, the owner may have to draw the aluminum metal doors down in the evening for security purposes. Furthermore, Mr. Saberson stated there is an area where all the service records are kept along with computer systems and other equipment the dealership uses. Mr. Saberson gave a brief presentation showing an example of the roll-up doors versus those that are termed decorative doors. He urged the Commission to give the applicant credit for the -8- 5/07/02 substantial improvement, renovation, and aesthetic appeal that they now have for the new dealership in addition to giving the applicant the ability and flexibility to use metal roll-up doors. Mr. Levinson asked which way the doors to the service area currently face and if the doors could have faced a different way. In response, Mr. Marsh stated these doors face north and used to be behind the old showroom building and could not have faced any other way due to setback limitations. Mr. Marsh stated the area was an open patio that had no other contemporary facilities for sales and commented that they looked at the north and the south side. However, functionally Mr. Marsh stated that is because of the management linkage between that part of the department and the service bay area. Mr. Dorling stated there are twenty-four dealerships and five having doors that face the right-of-way. Three of those have varying degrees of metal doors and have significant setbacks from the road greater than what is being presented. Mr. Levinson asked if the dealership will have an alarm system. In response, Mr. Marsh stated the dealership will have some type of alarm system and because of the storage of the materials (service records and equipment) he feels this could be a vulnerable situation. Mr. Levinson stated he has looked over the materials and the presentation Mr. Marsh has provided and stated he has a problem with making an adjustment now and feels there are alternatives that Mr. Marsh can use to mitigate the problem. Mr. Marsh stated the dealership is set back substantially from the street and secondly they have upgraded the front of the building. Mr. Marsh stated the facility was upgraded tremendously and was unanimously agreed upon by SPRAB Mayor Schmidt asked if any of the other dealers have glass roll-up doors like SPRAB would like installed. In response, Mr. Dorling stated there are none that he is aware of. Mr. Dorling reiterated that the motion from SPRAB was that the applicant either retain the glass or provide something else that is more decorative then what is being proposed and therefore it is not limited to glass or a roll-up door. With regard to the doors, Mr. Perlman asked if something were to be done that is decorative could it also be decorative and practical. In response, Mr. Marsh stated the limitation on a decorative door would that it would have to be a sectional kind of door. Mr. Perlman asked if Mr. Marsh could have a decorative door that could meet the windstorm and security requirements. Mr. Marsh stated it would be very similar to a garage door like at home (raised panel) and he cannot agree that this is more aesthetically pleasing than something that is totally inconspicuous and fades out with the building. Ms. McCarthy asked if there is some kind of compromise. In response, Mr. Dorling stated his understanding is that SPRAB feels that there are some more aesthetically pleasing compromises that can be proposed. Mayor Schmidt asked if there is motion to approve the appeal. No one made a motion to approve the appeal. -9- 5/07/02 Mr. Levinson moved to deny the appeal, 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 to deny passed with a 5 to 0 vote. 10. PUBLIC HEARINGS: NONE. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. In response to a concern regarding the need for bike racks in the downtown area, the City Manager stated the City's Comprehensive Plan calls for the installation of bicycle facilities in the downtown area to accommodate and encourage the use of bicycle as transportation. These could include bike racks, bike lockers, and other bicycle parking facilities. In addition, transportation policies in the Comprehensive Plan call for a design of bicycle lanes on collector arterial roadways and requires bicycle parking on all new development and redevelopment projects. Implementation of these policies as was the designation of the current staff person to coordinate bicycle issues in the City is a good start in making Delray Beach more bicycle-friendly. Secondly, with regard to a concern expressed by a resident who lives on N.W. 22nd Street about speeding in the area, the City Manager stated in the past the Police Department has conducted nine selective enforcement operations in this area and since that time they have not received further complaints. However, the City Manager stated the Police Department will be setting up in that area for some follow-up investigation for this particular complaint. With regard to a concern expressed by Mr. Calvisi who resides at 1206 N.E. 2nd Avenue #2 in Delray Beach, the City Manager stated Mr. Calvisi relayed to the Commission his concern about the different construction sites between his residence and place of employment. The City Manager stated one of the City employees drove the route and mentioned to the City Commission that he noticed a number of construction sites (West Atlantic Avenue and sidewalks, 1-95 and Atlantic Avenue interchange, and 1-95 and Lowson Boulevard overpass). The City Manager stated all these sites are swept weekly by Public Works and they sweep up to the barricades that are in place. However, because they are active construction zones there is a considerable amount of debris that daily finds its way on to the roadway. The City Manager stated all these areas are FDOT projects with the exception of the West Atlantic Avenue sidewalk and street lighting project. The construction zones also tend to be high traffic accident areas and the City has asked the Police Department to insure that they require the tow truck operators to clean up the site after an accident prior to leaving the area. The City Manager stated the City will also increase the frequency of sweeping in these areas while construction continues. The City Manager stated there was also a concern expressed about cement trucks dropping wet concrete on the roadway which causes problems for bike riders. The City Manager explained that this problem usually occurs along the Congress Avenue corridor because of the -10- 5/07/02 close proximity to the cement plants. Cement trucks are sometimes overfilled at the plant and cement leaks out of the tumbler and consequently ends up on the roadway. He further stated usually this occurs when cement trucks turn which causes the load in the tumbler to shift. The Public Works Department receives a few phone calls every month for the Police Department requesting that the City clean up cement in the roadway. If the cement hardens, Public Works uses a grinder to remove it. This is done 2-3 times a year depending on how much of a traffic hazard it is. Public Works staff has had discussions with the two local cement companies about this problem and in several cases the City has required the cement company to remove the concrete from the roadway. This however can only be done when the City can determine the certainty of who is responsible for the problem. 11.B. From the Public. ll.B.1. Kevin Warner~ 248 Venetian Drive~ commented about a newspaper article in the Sun-Sentinel regarding Atlantic Grove and stated there were some comments made by the community about the higher cost of the townhouses and complaints about how the project has moved beyond their reach financially. In addition, Mr. Warner commented about a quote in the newspaper article made by a City Commissioner. Mr. Warner stated the City did not build enough controls for this project and asked the Commission where they were when decisions were being made for this project. Mr. Warner was reprimanded by the Mayor and asked to be seated since he was addressing his comments against one member of the Commission and not as a whole, which is in violation of the rules of participation. ll.B.2. Rosetta Rolle~ 301 N.W. 3ra Avenue~ expressed concern over several young children playing on N.W. 3rd Avenue between 3rd Street and Lake Ida Road. Ms. Rolle stated she is concerned with the volume of traffic on N.W. 3rd Avenue and suggested that the City erect signs that read "Children Playing" to alert the drivers. In addition, Ms. Rolle suggested that the City enforce the speed limit so that people who speed on this street will slow down. ll.B.3. Jennifer Wood~ 120 North Ocean Boulevard~ stated it is now turtle nesting season and there are many residences along A-1-A that are not abiding by the protocol and have bright shining lights i.e. a few of the local businesses and large homes next to the Seagate Beach Club (near Casuarina Road and continuing further south). With regard to the lighting, Ms. Wood stated that people are not abiding by the State Statutes. Secondly, with regard to the barges along the intracoastal, Ms. Wood stated there are some evenings when the barges are going up and down the intracoastal as late as 1:00-2:00 a.m. Ms. Wood commented that when the barges pass by the sound vibrates in the water for an additional 15-20 minutes. She asked if there is an exact cut-off time for the barges to travel up and down the intracoastal and suggested that they start their business at 4:30 a.m. or 5:00 a.m. versus 1:30 a.m. or 2:00 a.m. With regard to the airport expansion, Ms. Wood stated there are many people who are opposed to the airport expansion. Ms. Wood stated there are going to be more jet and plane traffic in the area and feels this will only add to the noise. Ms. Wood continued to state that some people are not aware of the pollutants which come from the jets and planes are not healthy. -11- 5/07/02 Ms. Wood stated many people are also opposed to jet streamer advertisements and on various Sunday's jets go up and down the ocean and instead of the banners the jets have jet streams. Ms. Wood stated it could be a perfectly sunny day when the jets come by and light off signs and at that point there is cloud coverage for approximately 4-5 hours. Ms. Wood stated she enjoys the beautiful blue skies and does not want to see the blue sky emitted with cloud coverage or chemicals. Ms. Wood suggested instead of landscape businesses using gas blowers that they use plug-in or battery operated gas blowers because she does not like the smell of the gas blowers. ll.B.4. Charlotte Wright~ 802 N.W. 2I'a Street expressed concern over an incident which occurred on April 28, 2002, at Pompey Park Recreation Center between 3:00-6:00 p.m. between a mentally handicapped individual and law enforcement personnel. Ms. Wright stated another individual was with this handicapped individual when arrested and taken to the Delray Beach Police Department and released within 15 minutes. Ms. Wright expressed concern over the child being abused and would like to know what the probable cause was for his arrest. ll.B.5. Jeff Spear~ President of Spear Coral Corporatiom 3721 S.W. 47th Avenue~ #307~ Fort Lauderdale~ stated he is here this evening to speak under Item 9.B., Appeal of Building Official Decision/Coral Trace. The City Commission explained that this item has not yet been addressed but would be later this evening. ll.B.6. John Bennett~ 137 Seabreeze Avenue~ stated he would like to follow-up on the answer that the City Manager gave him at the last meeting about the trees at the Lane Subdivision. Mr. Bennett commented about the triple permit fee and feels the City's rules have been violated. In addition, Mr. Bennett stated the sanction is not anything that would not deter anyone of that kind of operation. He suggested that the Commission revisit the penalty portion of the City Code and come up with a sliding scale. Speaking on behalf of the BPOA, Mr. Bennett commented about the outdoor dining for the Old Calypso restaurant. Mr. Bennett stated a complaint regarding outdoor dining was brought before SPRAB approximately one year ago. As a condition of the outdoor dining, the restaurant was told they had to build a wall and put up an awning, neither of which has been done and the restaurant once again has outdoor dining. Mr. Bennett stated the City needs to make sure that there are adequate controls in order to insure that everyone will obey the law. ll.B.7. Jack Thomas~ Secretary/Treasurer of Carolina Cabana holder of the contract for Beach Services~ stated he is here to present a proposal to amend the contract but needs more than three minutes to speak. Mayor Schmidt suggested the Mr. Thomas give the City Manager a copy of his proposal and see about scheduling this item on the agenda. -12- 5/07/02 ll.B.8. Alice Finst~ 707 Place Tavant~ expressed concern over the outdoor dining along Atlantic Avenue and stated there is no room to walk because of the tables and diners. Secondly, Ms. Finst expressed concern over the new buildings going up on Federal Highway and stated it seems that the City Codes are not producing the kind of buildings that she would like to see downtown. Ms. Finst stated recently SPRAB approved a building which ended up being on two sides of the street (south end of Federal Highway). Ms. Finst stated it is very difficult to maintain the speed limit and commented that people will have to cross Federal Highway to use the pool. ll.B.9. Candy Killian~ Alumni of Atlantic Hi;~h School~ read a passage from the National Trust for Historic Preservation regarding historic sites. Ms. Killian stated she wholeheartedly supports the Commission in trying to fight for the Post Office but does not understand why Atlantic High School is not important. Ms. Killian commented that the Commission has done so much to preserve the history of Delray Beach and stated the Commission will be remembered as a Commission that went down in Delray history. ll.B.10. Jennifer Speech~ expressed concern over the litter and trash on the streets throughout the community that is not being picked up. Ms. Speech urged the Commission to consider fining individuals for littering. Secondly, on Atlantic Avenue underneath the bridge, Ms. Speech stated there is an old discarded sign from the City and it appears there is no manicuring of that area at all. Ms. Speech stated there are two signs asking Pat Archer to be voted for City Commission and asked that these signs be removed. At this point, the Commission moved to Item 9.K., Purchase of Breezy Ridge Properties. 9.K. PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of contracts for the purchase of twenty-two (22) Breezy Ridge properties. The City Attorney stated in the memo there are twenty-two (22) properties listed with the prices and two addendums with five additional contracts with prices associated with the contracts. The City Attorney thanked everyone who met with her and stated everyone she met with was quite lovely and it was an enjoyable experience. Mr. Levinson commented that it is great that these people have come forth and done this on behalf of the City and he personally appreciates their willingness to help in this difficult situation. Mrs. Archer moved to approve the contracts for purchase of twenty-seven (27) Breezy Ridge Properties, 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. -13- 5/07/02 At this point, the time being 7:32 p.m., the Commission moved to Item 9.B., Appeal of Building Official Decision/Coral Trace of the Regular Agenda. 9.B. APPEAL OF BUILDING OFFICIAL DECISION/CORAL TRACE: Consider an appeal of a decision of the Chief Building Official's action regarding the 6 month extension of an on-site construction trailer in the Coral Trace Subdivision. Quasi-Judicial Hearing The City Attorney stated this item will be conducted as a quasi-judicial hearing, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney asked the Commission to disclose any ex parte contacts for the record. Mrs. Archer, Mr. Perlman, Mayor Schmidt and Ms. McCarthy had no ex parte contacts. Mr. Levinson stated he spoke to Jane Finkel, Treasurer of the Coral Trace Homeowners' Association. The City Attorney stated anyone from the public who wishes to address the Commission regarding the appeal, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. George Diaz, Deputy Building Official, stated this item is a request from Jeffrey N. Spear who is a developer of the Coral Trace Development to extend the temporary permit issued for the on-site construction trailer to a period of up to six (6) months after final close-out. Pursuant to LDR Section 2.4.6(H) Temporary Use Permit: The Chief Building Official has the authority to grant a Temporary Use Permit for a construction trailer. Typically, the construction trailer is removed from the site upon or soon after the last Certificate of Occupancy (CO). Mr. Diaz stated when the Certificate of Occupancy (CO) is issued for the last unit the City will no longer have any control that the public will not be coming into the construction trailer. As the trailer does not comply with the code requirements, Mr. Diaz stated this could potentially pose liability issues for the City. Mr. Diaz stated that in the past the City has not granted any extension for this type of request and if granted it would set a precedent and therefore he recommends denial of the request. Furthermore, Mr. Diaz stated he would also like to note that there are two other utility vehicles located next to the trailer where materials are being stored and staff is also requesting that these be removed. Jeff Spear~ President of Spear Coral Corporatiom 3721 S.W. 37th Avenue #307 Fort Lauderdale~ stated the utility vehicles Mr. Diaz is referring to were removed in the last two days. Mr. Spear stated in terms of a safety issue the trailer is tied down. There being no one else from the public who wished to address the Commission -14- 5/07/02 regarding the appeal, the public hearing was closed. Discussion by the Commission followed. Mrs. Archer asked how many homes closed in the last three months. In response, Mr. Spear stated approximately 40-50 homes have closed within the last three months. Mrs. Archer inquired about the size of the trailer and whether or not the trailer has ever been used as a sales office. Mr. Spear stated the trailer is 8 feet by 40 feet and explained that the trailer has only been used as a construction trailer and at no time has it been used as a sales office. Ms. McCarthy asked if the complex has a clubhouse and whether or not Mr. Spear has the ability to use the clubhouse. In response, Mr. Spear stated the complex has a clubhouse and stated he could probably insist to use the clubhouse for the next 45 days at which time he is still in control. Mr. Spear anticipates turning over control of the association by the end of June. Mr. Spear stated he has been asked by the advisory committee of the homeowners to not use the clubhouse but instead they prefer that he use the trailer. Ms. McCarthy stated when she reviewed this item she thought it was a good idea for Mr. Spear to be around after the fact because people feel so vulnerable especially after a builder leaves. Ms. McCarthy stated she is always looking for a way to come up with a compromise. Ms. McCarthy stated if this advisory committee and the homeowners' have closed and purchased properties through Mr. Spear and are really concerned about this, she feels as an alternative they should be willing to share that space for this limited period of time. Mr. Spear stated he completely understands this being an alternative. However, Mr. Spear stated there is only one room that is an office in the clubhouse and the rest is for public use. He feels he needs two people on-site for at least three months. Mr. Spear continued to state there are numerous supplies and file cabinets that are currently being stored in the trailer. Ms. McCarthy stated she was lead to believe that the people who would be servicing these warranties would be subcontractors and providing their own materials. Mr. Spear stated there is quite a bit of coordination in the process in doing it correctly. Mr. Spear stated there are occasional disputes between the homeowner and the subcontractor and noted there is a certain amount of work that is not particularly the responsibility of the subcontractor. Mr. Spear continued to state that he has people on the payroll that do quite a bit of the customer service work. One person that would be working out of this trailer would be a service man who would perform the actual skills in the house itself. Another person would be a coordinator who would keep track of all the work by logging it in, talking to the homeowners' and scheduling appointments. Mayor Schmidt asked if there are any units that have not been sold for the first time. In response, Mr. Spear stated there is one unit that has not been sold for the first time. Mayor Schmidt stated from his experience as an attorney dealing with homeowners' who buy from developers that if you do not knock out your punch list within 30 days after closing there end up being some real construction problems. Mayor Schmidt does not feel a trailer is needed on-site to be dealing with warranty items long-term versus short-term punch list items. Mayor Schmidt stated he cannot see setting a precedent because there does not seem to be the support -15- 5/07/02 necessary and therefore he cannot support the request. Mr. Levinson stated he spoke with Jane Finkle, Treasurer of the Coral Trace Homeowners' Association, and her comment was that it was convenient to have the trailer located on-site because this way a homeowner could go to someone who is physically there. Mr. Levinson stated he cannot support the extension of six months but could support leaving the trailer on-site for an additional 30-60 days beyond today or after the last CO is issued. Mrs. Archer stated having purchased a home from a developer approximately ten years ago, most of the homeowners were very happy to have the developer on site for a while after the development was sold out. Mrs. Archer stated she does not feel most homeowners will wait six months to complete their punch lists. Mrs. Archer stated she can support leaving the trailer on site for an additional 30 days or a maximum of 60 days. Mr. Perlman asked if Commission adequately discussed the liability issues. The City Attorney stated there are no liability issues because the City is protected by sovereign immunity for permitting and licensing issues. Mr. Levinson moved to approve granting a 60-day extension after the last Certificate of Occupancy (CO) is issued provided not more than 90-days from today, 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. 9.C. CONDITIONAL USE REQUEST/PINEAPPLE GROVE VILLAGE: Consider a conditional use request to allow a density in excess of thirty (30) dwelling units per acre (39.2 units per acre) for the proposed 160 unit Pineapple Grove Village Apartment Complex, located on the east and west sides of N.E. 3rd Avenue, between N.E. 3rd Street and N.E. 2nd Street and extends approximately 154 feet south of N.E. 2nd Street. Quasi-Judicial Hearing The City Attorney stated this item will be conducted as a quasi-judicial hearing, which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Attorney asked the Commission to disclose any ex parte contacts for the record. Mayor Schmidt, Mr. Perlman, Mrs. Archer, and Ms. McCarthy had no ex parte contacts. Mr. Levinson stated he spoke with Paul Slattery, Architect with Slattery & Associates. The City Attorney stated anyone from the public who wishes to address the Commission regarding the Conditional Use request, to please step forward at this time and be sworn in by the City Clerk. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning -16- 5/07/02 project file #2002-128 into the record. The conditional use request involves the establishment of a multi-family residential development consisting of 136 apartments in two 5-story buildings and 24 townhouse units with a density that will exceed 30 units to the acre by 9.22 units for a total of 39.22 du/ac. The request will also involve the demolition of 11 existing commercial and residential buildings on the two blocks and the construction of the apartment buildings. The first floors of the two apartment buildings will be parking and there will be two additional parking areas located along the south side of the property. The apartments will consist of forty one-bedroom units and 80 two-bedroom units and 16 three-bedroom units, while the townhouses have 18 two-bedroom units. Mr. Dorling stated the development will also include a 1,600 square foot clubhouse and pool. Additional amenities for the residents include a fitness room, billiards room, business center, garages, and storage rooms. Mr. Dorling stated the required findings with respect to Chapter 3, the Conditional Use Findings, and the Performance Standards are discussed in the Planning and Zoning Staff Report. As required with the text change, the applicant has worked closely with the Pineapple Grove Design Committee with respect to meeting and exceeding the performance standards. At its meeting of April 9, 2002, the Design Review Committee reviewed the proposal and recommended approval of the development proposal based upon positive findings with respect to performance standards of LDR Section 4.4.13 (I) and the Design Guidelines of the Pineapple Grove Main Street Neighborhood Plan, subject to the three conditions listed on Page 19 of the Planning and Zoning Staff Report. At its meeting of April 11, 2002, the Community Redevelopment Agency (CRA) reviewed the Conditional Use Request and recommended approval subject to several conditions as listed on Page 19 and 20 of the Planning and Zoning Staff Report. At its meeting of March 20, 2002, the Downtown Development Authority (DDA) reviewed the proposal and unanimously recommended approval. Mr. Dorling stated staff recommends approval of the Conditional Use request to allow a residential development with a density greater than 30 dwelling units for Pineapple Grove Village, based upon positive findings with respect to LDR Section 4.4.130) (Performance Standards for Density), the Pineapple Grove Neighborhood Plan, Chapter 3 (Performance Standards), and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and consistency with the policies of the Comprehensive Plan, subject to the conditions as listed on Page 22-23 Item #1-17 and Page 24-25 Item #1-35. John Corbett, Attorney with Corbett & White representin~ the applicant (RAM Development Compan¥)~ stated on November 20, 2001, the City Commission adopted a text change to allow conditional use for residential development in the CBD-RC Zoning District. At that time, Mr. Corbett stated the applicant requested the text change in order to bring forward this specific project for this site. Mr. Corbett stated the applicant is requesting the approval of a Conditional Use to allow the 160-unit apartment and townhouse project on this 4.08 acre site. Mr. Corbett stated as the Planning and Zoning Staff Report articulates a critical missing element in the downtown is a significant housing development. This project will locate 160 households adjacent to Pineapple Grove Way and in close proximity to the existing and future retail -17- 5/07/02 restaurant and service businesses to the downtown. These units will provide a source of customers year-round and an opportunity for employee housing. In addition, the project will provide the additional benefit of much needed parking for the downtown. Paul Slatterv, Architect with Slatterv and Associates, gave a brief PowerPoint presentation regarding the proposal. Mr. Slattery explained the site plan and stated there are two apartment buildings four levels above parking located on either side of N.E. 3rd Avenue. Mr. Slattery explained that the concept behind the project is anyone approaching the project whether it be a pedestrian or vehicular always approaches a project coming north, south, east, or west, and approaches and passes one of the three-story townhouse buildings prior to entering the heart of the village. There is a one-story recreation building and a pool area abutting this apartment building. For the apartment buildings, the majority of the parking is below the building and the town homes have garages within them and guest parking adjacent to the town homes. Mr. Corbett stated in summary the staff report and presentations have demonstrated this project meets all of the required standards and the required findings can be positively made. Therefore, Mr. Corbett stated the applicant respectfully requests the approval of this Conditional Use. The following individuals from the public came forward to address the Commission: John Bennett, President of Progressive Residents of Delra¥ (PROD) speaking on behalf of the organization, stated PROD supports this project because they feel the stepping up to the center core for the town homes is a nice feature. In addition, PROD feels it is important to have residential units downtown and that the density be within a range that is appropriate. Diane Dominguez, CRA Director, reiterated how closely the applicant has worked with the CRA staff in particular Thuy Shutt, Urban Designer, on making some significant changes to what was originally proposed and making the project more compatible with the Pineapple Grove area. Ms. Dominguez stated the CRA feels this is going to be a terrific project and they wholeheartedly support. There being no one else from the public who wished to address the Commission regarding the Conditional Use request, the public hearing was closed. Mrs. Archer stated on N.E. 2nd Street in front of the clubhouse there are two parking spaces. Mrs. Archer continued to state that quite often she drives down N.E. 3rd Street and makes a left into the location and commented that with the rise in the road going to the railroad tracks when cars park there it is exceptionally difficult to see oncoming traffic going west on N.E. 2nd Street. Mrs. Archer stated that if there is parking there and if there is also vegetation on that corner so someone driving cannot see beyond there, she feels it will be a very difficult situation because there will be increased traffic at that location. Otherwise, she feels this is a very good project. Mr. Perlman commended the development team for the work they have done. -18- 5/07/02 Mayor Schmidt stated the way the project has turned out is exceptional given the location. However, he stated if this building was flipped over half a block it would have a tremendous negative impact on Pineapple Grove instead of a positive one. Mr. Perlman stated he is hoping with the design guidelines that this will be addressed and commented that he agrees with comments expressed by Mayor Schmidt. Mr. Perlman moved to approve the Conditional Use request to allow a density in excess of thirty (30) dwelling units per acre for Pineapple Grove Village, based upon positive findings with respect to LDR Section 4.4.13(I) as set forth in the staff report and subject to the conditions contained in the staff report, seconded by Mr. Levinson. 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. During the Quasi-Judicial Hearing of Item 9.C., Conditional Use Request/Pineapple Grove Village, the Commission moved to Item 9.J., Resolution No. 37-02 (Mid-Year Bud;~et Adiustment). 9.J. RESOLUTION NO. 37-02 (MID-YEAR BUDGET ADJUSTMENT): Consider approval of a resolution making mid-year adjustments to the adopted budget for FY 2002. The caption of Resolution No. 37-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 56-01 ADOPTED SEPTEMBER 19, 2001, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2001/2002, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2001/2002; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 37-02 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 37-02, 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. -19- 5/07/02 At this point, the Commission moved to Item 9.H., Resolution No. 38-02. 9.H. RESOLUTION NO. 38-02: Consider approval of Resolution No. 38-02 authorizing the City to purchase property for storm water retention located east of Congress Avenue and on the north side of Dr. Carol Kroll Way; and Contract for Sale and Purchase between the City and Reddy Ice Corporation in the amount of $661,400.00. The caption of Resolution No. 38-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS PARCEL C, LL PARK OF COMMERCE REPLAT LOCATED EAST OF CONGRESS AVENUE AND ON THE NORTH SIDE OF DR. CAROL KROLL WAY AS MORE PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN REDDY ICE CORPORATION AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 38-02 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 38-02, 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. At this point, the Commission moved to Item 9.D. Request For In-Lieu Parking Spaces/San Sebastian of the Regular Agenda. 9.D. REQUEST FOR IN-LIEU PARKING SPACES/SAN SEBASTIAN: Consider a request by San Sebastian for the purchase of six (6) in-lieu parking spaces and the construction of fifteen (15) on-street parking spaces in adjacent rights-of-way. San Sebastian, a proposed thirty-two (32) unit townhouse development, is located at the southeast and southwest corner of N.E. 5th Avenue and N.E. 3rd Street. Paul Dorling, Director of Planning and Zoning, stated San Sebastian is a proposed development containing 32 town home located on the south side ofN.E. 3rd Street from N.E. 4th Avenue to the alley east ofN.E. 5th Avenue. The development proposes 70 on-site spaces while 64 spaces are provided. The applicant is requesting six in-lieu parking spaces at a cost of $12,000 each. With the project there will be an additional fifteen parking spaces that are provided along N.E. 5th Avenue and N.E. 3rd Street. The applicant pursuant to Section 4.6.9 will seek reimbursement of the in-lieu fee for the total costs to build the additional fifteen spaces. Brief discussion by the Commission followed. -20- 5/07/02 Mr. Levinson moved to approve the request by San Sebastian for the purchase of (6) in-lieu parking spaces and the construction of fifteen on-street parking spaces, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 0oEo REQUEST FOR SIDEWALK DEFERRAL/1021 LEWIS COVE ROAD: Consider a request from Cheryl Coletti to defer the installation of a sidewalk in front of 1021 Lewis Cove Road (Delray Beach Shores Subdivision). Staff recommends approval. Dick Hasko, Deputy Director of Public Utilities, stated there are no existing sidewalks on this street or in the neighborhood other than the pedestrian/bike path on A-1-A. There are currently no plans to do any work in this area for sidewalks. Therefore, Mr. Hasko stated in this particular case staff supports the sidewalk deferral. Ms. McCarthy asked if the City has any long-term plans for installing sidewalks in this area. In response, Mr. Hasko stated at this point there are neither programs nor funding available specifically for this area. Mrs. Archer moved to approve the sidewalk deferral in front of 1021 Lewis Cove Road, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Prior to the vote, Mr. Perlman left the dais. 9.F. SPECIAL EVENT REQUEST/4th ANNUAL GARLIC FESTIVAL: Consider a request for special event approval for the 4th Annual Garlic Festival to be held November 1-3, 2002, including temporary use permit for use of City rights-of-way, sign code waiver to allow signs more than one week prior to the event, staff assistance as requested, and consideration of waiver of up to 50% of staff overtime. At this point, Mr. Perlman returned to the dais. Robert A. Barcinski, Assistant City Manager, stated this item is a request to endorse the Fourth Annual Garlic Festival to be held on November 1-3, 2002, to grant a temporary use permit per LDR's Section 2.4.6(H) for use of City rights-of-way (N.E. 1st Avenue from Atlantic to N.E. 1st Street and N.E. 2nd Avenue from the alley just north of Atlantic to N.E. 1st Street) and that these streets be barricaded on October 31, 2002, at 6:00 a.m. In addition, Mr. Barcinski stated the request includes allowing signage and banners to be placed more than one week prior to the event, to provide staff support as outlined for security traffic control, clean-up, and to split the overtime costs 60/40. The estimated overtime costs for this event is $20,320. Staff recommends to barricade N.E. 2nd Avenue and a 60/40 split of overtime costs with the event sponsor paying 60 percent. Bern Ryan, speaking for the Delra¥ Beach Garlic Festival, thanked the City -21- 5/07/02 for their support over the last three years and thoroughly understands the desire of City staff to recoup some of the overtime costs and is willing to pay 60 percent of the overtime costs. However, Mr. Ryan stated with regard to closing N.E. 2nd Avenue because of numerous reasons. Mr. Ryan stated the first reason is for economic reasons. Mr. Ryan stated from an economic standpoint, it is approximately $15,000 in lost vendor fees from that area not being closed off. In addition, Mr. Ryan stated it cuts down on the flow of the event because the event has grown and more space is needed. Lastly, Mr. Ryan stated from a security standpoint, if N.E. 2nd Avenue is not closed they cannot have a second gate open to the public and if an emergency situation were to occur the attendees could not be moved quickly out of the area. Therefore, Mr. Ryan stated he respectfully requests that the Commission allow N.E. 2nd Avenue to be closed. Mayor Schmidt asked why staff recommends that N.E. 2nd Avenue not be closed. In response, Mr. Barcinski stated the Police and Fire Department had a concern with this being a gated event and in the event of an emergency rescue vehicles need to have access through 2nd Avenue. Mr. Barcinski stated usually barricades are used for other special events and therefore are not fenced in as this event will be. Mr. Barcinski stated as long as the Fire Department has access and a fifteen foot clearway then it should be alright. Mayor Schmidt asked if the gating could be moved to accommodate this. In response, Mr. Ryan stated this would not be a problem. Mr. Perlman moved to approve the Special Event Request for the Fourth Annual Garlic Festival to be held on November 1-3, 2002, with the accommodation for the closure of N.E. 2nd Avenue and the 60/40 split in overtime costs, 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. 9.G. JOINT VENTURE REQUEST/EXTEND CLOSING TIME OF SANDOWAY PARKING LOT: Consider a request from Joint Venture to extend the closing time of the Sandoway Parking Lot on May 17, 2002 until 11:00 p.m. to accommodate the Hot Air Balloon Glow. Paul Dorling, Director of Planning and Zoning, stated this item is from the Delray Beach Joint Venture requesting that the Sandoway Parking Lot remain open until 11:00 p.m. on May 17, 2002, in order to accommodate the Balloon Glow. Mr. Dorling stated the use of the Sandoway Parking Lot would help to mitigate parking impacts to the surrounding neighborhood. Mr. Levinson moved to approve the request from Joint Venture to extend the closing time of the Sandoway Parking Lot on May 17, 2002, until 11:00 p.m. to accommodate the Hot Air Balloon Glow, 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. At this point, the Commission moved to Item 9.I., Ramblin Rose License Agreement. 0.I. RAMBLIN ROSE LICENSE AGREEMENT: Consider a request to Dane -22- 5/07/02 Mark's Ramblin' Riverboat, Inc. license agreement for a reduced summer schedule of three (3) days per week with a $600.00 monthly payment. The City Manager stated this is a request from the Ramblin Rose to operate this summer. The City Manager stated it has been several years since they have had a summer operation and would like to operate three days a week during the summer. The License Agreement requires that the Ramblin Rose operate four days a week and due to reduced operation and they are also requesting a $600 per month license fee. The City Manager stated if the Commission is willing to consider the request a formal amendment to the agreement would be brought back at the next meeting. Mr. Levinson stated he cannot support the amendment to the contract and feels there are too many issues that are of concern. Mayor Schmidt expressed concern about the particular boat that they want to use. Alice Appel~ South Florida representative of Rockmore Cruises~ stated the boat that is currently docked is called The Susannah and they work along with Dane Mark. She stated they enjoy the relationship with the City of Delray and have found a great response from both tourists as well as residents in providing them leisure activity along the intracoastal. Ms. Appel stated they would like to continue this relationship during the summer. The Commission gave direction to the City Manager and City Attorney to review the entire contract and as to whether or not there is a provision requiring them to serve food on the boat and not bring patrons to restaurants. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 13-02: An ordinance amending the historic designation adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House" historic site located on the east and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean Boulevard). If passed, a quasi-judicial hearing will be held on May 21, 2002. The caption of Ordinance No. 13-02(A) is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-02(A) is on file in the City Clerk's office.) -23- 5/07/02 The City Attorney read the caption of the ordinance. The caption of the Ordinance No. 13-02(B) is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-02(B) is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated these two ordinances were before the City Commission following direction of the Commission after the three ordinances were denied on April 2, 2002. Mr. Dorling stated the Commission provided direction to staff with respect to the five items identified in the Planning and Zoning Staff Report and these items have been incorporated into Ordinance No. 13-02(A). The applicant has also proposed an alternative ordinance which is Ordinance No. 13-02(B) which proposes three lots versus two west of the Fox Fontaine House, a 60-foot buffer versus a 100-foot buffer, no height restrictions on lots immediately west of the historic structures (610 & 622 North Ocean Boulevard), removal of two western lots from the current designation, and the addition of property to the north into the current historic designation. Mr. Levinson moved to approve Ordinance No. 13-02(A) on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve Ordinance No. 13-02(B) on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - Yes. Said ordinance was denied with a 3 to 2 vote. 12.B. ORDINANCE NO. 14-02: An ordinance amending Chapter 71 of the City Code of Ordinances by enacting Section 71.092 "Immobilization of vehicles by the City to collect outstanding parking fines". If passed, a public hearing will be held on May 21, 2002. The caption of Ordinance No. 14-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF -24- 5/07/02 ORDINANCES, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", BY ENACTING SECTION 71.092, "IMMOBILIZATION OF VEHICLES BY THE CITY TO COLLECT OUTSTANDING PARKING FINES", TO PROVIDE PROCEDURES FOR THE IMMOBILIZATION OF VEHICLES THAT HAVE A CERTAIN NUMBER OF UNPAID PARKING TICKETS OUTSTANDING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer inquired about item #6 in the Planning and Zoning Staff Report and asked if it is possible to establish a maximum towing fee. In response, the City Manager stated the City has an agreement with the towing company and the City would be responsible for setting the fee and the daily impound fee. Mrs. Archer moved to approve Ordinance No. 14-02 on FIRST Reading, seconded by Mr. Perlman. 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 the Palm Beach County League of Cities, the City Manager stated the Advanced Institute for Municipal Elected Officials will be held in the West Palm Beach area on November 1 st and 2nd. The City Manager stated he highly recommends that the Commission attend this course if they have not yet had the opportunity. Secondly, the City Manager stated the last city that needs to take action on school concurrency will all be taken care of so that concurrency should be effective in June. At that point, the City Manager stated each city will have 90 days to adopt its own ordinance. 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 Mrs. Archer stated she attended the Metropolitan Planning Organization (MPO) meeting and there was discussion on the railroad double tracking in the area between Pompano -25- 5/07/02 and Lake Worth in the near future. Mrs. Archer stated when the double tracking is completed it will increase train frequencies by four times and she feels it behooves the City to get the four quadrant gates at the same time. The City Manager stated as part of the double tracking they are redoing crossings by either going to four quadrant gates or have a divider so that people cannot cross to the other side and either one would be an acceptable alternative. The City Manager stated they will all comply with the Federal requirements so that the trains will not need to sound their whistles. 13.C.2. Commissioner Perlman Mr. Perlman stated he read an article in the Palm Beach Post about the Jewish War Veteran's Monument that was uplifted. Mr. Perlman inquired whether or not there was any damage to the monument itself. The City Manager stated from the newspaper article he read he understood that there was some minor damage (i.e. chipping) on the bottom of the monument. 13.C.3. Mayor Schmidt As a reminder to the public, Mayor Schmidt announced that the City Commission revised its meeting schedule this month. Mayor Schmidt stated originally the Commission was not going to meet next week. However, Mayor Schmidt stated the Workshop Meeting will be held on Tuesday, May 14, 2002, and the Regular Commission Meeting will be held on Tuesday, May 21, 2002. With regard to the Delegations from the two sister cities, Mayor Schmidt stated it was tremendous that both cities were able to be here at the same time. Mayor Schmidt stated he would like to commend Robert Barcinski, Assistant City Manager and Tracey Sweeney, Executive Assistant, for the great job they did organizing the events for the Delegations. With regard to the Post Office in Pineapple Grove, Mayor Schmidt stated he received a telephone call today from Congressman Foley's assistant who has been in touch with the Post Office as well as Senator Nelson and Congressman Shaw. Mayor Schmidt stated that Congressman Foley's representative informed him he has been assured by the Post Office that they will stay downtown and that they are going to try and extend their lease for a month or two and are continuing to look for a location downtown. Mayor Schmidt stated this past weekend he was in Orlando attending a seminar and although the trip to see the high school that the Atlantic High School architects built was cancelled, he drove by the school. Mayor Schmidt stated the school is very impressive and is just to the north of the intersection of two highways that are the equivalent of Congress Avenue (four lanes with a middle school across the street). Mayor Schmidt stated it appears that they seem to be dealing with the location quite well. 13.C.4. Commissioner McCarthy Ms. McCarthy reported that there was a fire that occurred on the west side ofi-95 near S.W. 10th Street and commented that the fire was well under control by the Fire -26- 5/07/02 Department. However, Ms. McCarthy stated the grass area had been ignited and the fire moved quite rapidly. Ms. McCarthy stated there appeared to be no problem to the east side where the residents live and she could not see any visible damage to the commercial buildings abutting the area. Secondly, Ms. McCarthy stated since the Commission has elected to change the schedule, she announced that she will not be at any of the City Commission Meetings for the rest of the month because she will be in Georgia attending her daughter's wedding and her other daughter' s graduation. 13.C.5. Commissioner Levinson Mr. Levinson stated on Saturdays he walks along Atlantic Avenue and 2nd and commented that he has started to pick up trash. Mr. Levinson stated there are two problems with the trash and feels these are solvable problems. One, is there are not enough garbage cans and secondly, the garbage cans are not in the right places. Mr. Levinson stated if something could be done in a week or two on a temporary basis, he feels it would help significantly on Friday and Saturday nights. Secondly, Mr. Levinson stated he would like to see the outdoor dining contract changed. Mr. Levinson stated he would like to see restaurants and/or take-out facilities that have outdoor dining be required to take care of their own trash. Mr. Levinson reiterated that something be done in a week or two on a temporary basis because he feels it would make an enormous difference. Mr. Levinson stated Cinco de Mayo was a great event but the BFI containers were overflowing by 6:00 p.m. and he feels there should be something in the contract which requires BFI to empty the garbage or supply more trash receptacles. Mr. Levinson reported that the Capital Improvement Budget for the School Board for the next five years is being set. Mr. Levinson stated to Carole Shetler's credit, she has inserted a re-modernization of Spady Elementary School into the Capital Improvement Plan. Mr. Levinson stated even though Spady had some work done in the past, the balance of the school is from the 1920' s. Mr. Levinson stated Ms. Shelter looked at the last renovation date and probably knew that it was not on the modernization schedule and Ms. Shetler did this at the expense of another school. Mr. Levinson stated although the School Board had not yet approved the Capital Improvement Plan it has been moved forward with both schools. Mr. Levinson stated he has received telephone calls from neighborhoods where there are people using Portable On Demand Storage (P.O.D.S.) and asked if there are requirements regarding the length of time someone may keep the P.O.D.S. in their driveway. Mr. Levinson stated this needs to be better communicated to the neighborhoods and the community. He suggested that the City notify the P.O.D.S. people and find out what the requirements are so the P.O.D.S. are not sitting in neighborhoods for 2-3 weeks at a time. Mr. Levinson stated he is distressed to hear about the way Lindell Boulevard was communicated and stated the neighborhood apparently has not been notified with the new application procedures for traffic calming. Mr. Levinson stated he thought there was a pretty -27- 5/07/02 good mechanism now that the application has been developed. Mr. Levinson suggested that the City revisit how this was communicated with the neighborhoods to make sure that they understand that there is a process they can use to immediately apply for relief. Mr. Levinson stated according to the traffic counts the largest number of cars traveling at a speed was 45 mph not 35 mph. Mr. Levinson stated the City granted ABC Carpet two new signs in exchange for taking down the one sign facing east. Mr. Levinson stated approximately one week ago he checked and that sign was still not painted out. Mrs. Archer stated she received a telephone call verifying the sign is now gone. With regard to Ms. Killian's concerns regarding Atlantic High School, Mr. Levinson stated he is actually a product of a school that was moved. Therefore, Mr. Levinson stated he completely understands what happens when your Alma Mater is moved and the legacy that you want to leave is not continued. In fact, Mr. Levinson stated he was proud to know and contributed money to the moving of his school because it was such a pit to begin with and it made more sense for the school to be next to the athletic fields (which were a mile down the street). Mr. Levinson reiterated that he totally understands the concerns expressed by Ms. Killian. Furthermore, with regard to Ms. Killian's allegation of the Commission being remembered in history, Mr. Levinson stated it could be no finer legacy than for twenty, thirty, or forty years from now for people to say that they were the first people to look ten, fifteen, twenty years out and made a proactive stance and did the right thing. Mr. Levinson stated he is very pleased and proud that the Commission will be remembered as a proactive Commission in history. at 9:10 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 May 7, 2002, which Minutes were formally approved and adopted by the City Commission on -28- 5/07/02 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. -29- 5/07/02 stated according to the traffic counts the largest number of cars traveling at a speed was 45 mph not 35 mph. Mr. Levinson stated the City granted ABC Carpet two new signs in exchange for taking down the one sign facing east. Mr. Levinson stated approximately one week ago he checked and that sign was still not painted out. Mrs. Archer stated she received a telephone call verifying the sign is now gone. With regard to Ms. Killian's concems regarding Atlantic High School, Mr. Levinson stated he is actually a product of a school that was moved. Therefore, Mr. Levinson stated he completely understands what happens when your Alma Mater is moved and the legacy that you want to leave is not continued. In fact, Mr. Levinson stated he was proud to know and contributed money to the moving of his school because it was such a pit to begin with and it made more sense for the school to be next to the athletic fields (which were a mile down the street). Mr. Levinson reiterated that he totally understands the concerns expressed by Ms. Killian. Furthermore, with regard to Ms. Killian's allegation of the Commission being remembered in history, Mr. Levinson stated it could be no finer legacy than for twenty, thirty, or forty years from now for people to say that they were the first people to look ten, fifteen, twenty years out and made a proactive stance and did the right thing. Mr. Levinson stated he is very pleased and proud that the Commission will be remembered as a proactive Commission in history. There being no further business, Mayor Schmidt declared the meeting adjoumed at 9:10 p.m. 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 May 7, 2002, w~M~inutes were formally approved and adopted by the City Commission on -28- 5/07/02 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. -29- 5/07/02