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03-05-02MARCH 5~ 2002 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt at Pompey Park Recreation Center, 1101 N.W. 2nd Street at 6:00 p.m., Tuesday, March 5, 2002. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor David W. Schmidt Absent - Commissioner Jeff Perlman Also present were - City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito 2_ The opening prayer was delivered by Pastor Klay Aspinwall with Lakeview Baptist Church. o o The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of February 19, 2002, seconded by Mrs. Archer. 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. o PROCLAMATIONS: Days Remembrance - Holocaust 6oAo Mayor Schmidt noted a proclamation hereby proclaiming the week of Sunday, April 7 through Sunday, April 14, 2002 as Days of Remembrance in memory of the victims of Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Mayor Schmidt stated as noted by the City Attorney Item 10.B., Ordinance No. 6-02 will not be conducted as a quasi-judicial hearing. the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Delray Beach, Florida, should strive to overcome intolerance and indifference through learning and remembrance. 6.B. Recognizing and designating April 2002 as "Read Together Palm Beach County Month" Mayor Schmidt noted a proclamation hereby proclaiming April 2002 as Read Together Palm Beach County Month in the City of Delray Beach, Florida, and call upon all citizens, business firms, and organizations to join in with active participation, support, and encouragement. o PRESENTATIONS: 7oAo 2000/2001 Comprehensive Annual Financial Report - Ernst & Young Mike Pattillo, Senior Manager with Ernst & Young, thanked Joe Safford, Finance Director, and Milena Walinski, Assistant Finance Director, along with the Finance Department staff for all of their assistance and support with the Comprehensive Annual Financial Report. Mr. Pattillo gave a brief overview of the 2000/2001 Comprehensive Annual Financial Report (CAFR) and highlighted some specific items in the report. Mr. Pattillo read the following statement into the record from Page 1, Financial Section of the Comprehensive Annual Financial Report. "In our opinion, based on our audit and the reports of the other auditors, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Delray Beach, Florida, as of September 30, 2001 and the results of its operations and the cash flows of its proprietary fund types for the year then ended, in conformity with accounting principles generally accepted in the United States." o CONSENT AGENDA: City Manager Recommends Approval. 8oAo CLEARBROOK HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Clearbrook Homeowners Association for Community Policing on its property. 8.B. LICENSE AGREEMENT/FLORIDA TELEPORT, INC.: Approve of a license agreement between the City and Florida Teleport, Inc. (FTI) for the construction of a pipeline across the Intracoastal Waterway. 8.C. COMMAND SECURITY CORPORATION AGREEMENT: Approve an agreement between the City and Command Security Corporation for off-duty police work for the City's Police Department. -2- 03/05/02 8.D. JOINT APPLICATION DEVELOPMENT AGREEMENT/GOVERNMENT TECHNOLOGY RESOURCES, INC.: Approve an agreement between the City and Government Technology Resources, Inc. for the development of a web-enabled software package for Community Improvement in the amount of $25,000. Funding is available from 334- 6112-519-66.10 (Software). 8oto LANDSCAPE MAINTENANCE AGREEMENT/THE ESTUARY II: Approve a landscape maintenance agreement between the City of Delray Beach and Scott Porten for The Estuary II, located on Royal Palm Boulevard, east of North Federal Highway. 8.F. TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve additional turtle monitoring services with John Fletemeyer associated with the 4th Beach Renourishment project in the amount of $13,680 for a total project cost of $27,304.20. Funding is available from 332-4164-572-34.90 (Other Contractual Services). 8.G. RESOLUTION NO. 18-02: Approve Resolution No. 18-02 assessing costs for action necessary to abate nuisances on twenty-five (25) properties throughout the City. The caption of Resolution No. 18-02 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 18-02 is on file in the City Clerk's office.) 8.H. CHANGE ORDER NO. 2/FINAL PAYMENT/WEEKLEY ASPHALT PAVING, INC.: Approve Change Order No. 2 in the amount of $29,831.07 and final payment in the amount of $29,977.83 to Weekley Asphalt Paving, Inc. for the completion of the 2000 Road Bond Resurfacing project. Funding is available from 370-3162-541-65.40 (2000 Roadway Bond/Resurfacing). 8.I. CHANGE ORDER NO. 1/FUSIVE (CITY WEB SITE): Approve Change Order No. 1 in the amount of $42,263.00 for professional services by Fusive for the next phase of the development of the City's official website. Funding is available from 334-6111-519-31.90 -3- 03/05/02 (Other Professional Services). 8.J. CONTRACT ADDITION/LINE-TEC~ INC.: Approve a contract addition for water service relocations for three separate areas within the City of Delray Beach to Line-Tec, Inc. in the amount of $23,300. Funding is available from 442-5178-536-65.50 for $11,800.00 (SE-SW Area) and 442-5178-536-61.78 for $11,500.00 (Water District Improvements). 8oKo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 18, 2002 through March 1, 2002. 8.L. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve to rescind Housing Rehabilitation grant\contract award to Hatcher Construction for non- performance and re-award to South Florida Construction (44 NW 8th Avenue) through Community Development Division in the amount of $21,483.00 to South Florida Construction. Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant). 8omo AWARD OF BIDS AND CONTRACTS: Approve purchase from Maroone Ford in the amount of $16,021.36 in repair services for police vehicle #0007. Funding is available from 501- 3311-591-52.52. Mr. Levinson moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. o REGULAR AGENDA: 9oao REQUEST FOR IN-LIEU PARKING SPACES/MANAGEMENT SYSTEMS: Consider a request by Management Systems for the purchase of three (3) in-lieu parking spaces in the amount of $18,000. Management Systems is located on the southwest corner of NE 1st Avenue and NE 2nd Street in the Old School Square Historic Arts District (OSSHAD). Scott Aronson, Parking Management Specialist, stated Management Systems is a proposed 2,400 square foot, two-story office building located on the southwest corner ofN.E. 1st Avenue and N.E. 2nd Street in the Old School Square Historic Arts District (OSSHAD). The proposed site plan includes five (5) on-site parking spaces. The applicant is seeking to purchase three (3) in-lieu parking spaces in accordance with Section 4.6.9(E)(3)(b)(3) of the LDR. Mr. Aronson stated LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project the applicant must construct additional on- street parking. The applicant proposes to construct two (2) on-street parking spaces along N.E. 1st Avenue and will seek reimbursement for a portion of the in-lieu parking fee. -4- 03/05/02 At its meeting of February 26, 2002, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. Prior to the roll call, Ms. McCarthy asked what it would cost to provide two parking spaces on the street. In response, Mr. Aronson stated in the past two parking spaces cost about $4,000-$5,000 per space. Mr. Aronson commented that he does not have the current cost estimates but he can get those figures. Ms. McCarthy commented that this is the second City Commission Meeting in a row where there have been requests for in-lieu fees and inquired whether there is any alternative parking for this building. In response, Mr. Aronson stated across the street from the site is the Banker's Row parking lot and this lot usually has spaces available during the day. Mr. Levinson moved to approve the request by Management Systems for the purchase of three (3) in-lieu parking spaces per LDR Section 4.6.9(E)(3)(b)(3), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.B. IN-LIEU OF PARKING FEE AGREEMENT/OUTSIDE THE BOX, INC.: Consider a request from Outside The Box, Inc. to enter into an in-lieu of parking fee agreement for two (2) parking spaces previously approved for Caf6 Veri Amici, located at 189 NE 2aa Avenue. Scott Aronson, Parking Management Specialist, stated at its meeting of February 5, 2002, the City Commission approved the purchase of two (2) in-lieu parking spaces for Cafd Veri Amici located at 189 N.E. 2nd Avenue (Pineapple Grove Way). Outside The Box Inc., the owner of the property where Cafd Veri Amici is located, is requesting to enter into an in-lieu Parking Fee Agreement for the two (2) spaces previously approved for Cafd Veri Amici. At its meeting of February 26, 2002, the Parking Management Advisory Board unanimously recommended approval to allow Outside The Box Inc. to enter into an in-lieu Parking Fee Agreement. Mrs. Archer inquired whether or not this would mean the owner of the building entering into this agreement would be responsible for the full payment of the fees over a period of time. In response, Mr. Aronson informed Mrs. Archer that she understands this correctly. Mrs. Archer moved to approve the request from Outside The Box, Inc. to enter into an in-lieu parking fee agreement for two (2) parking spaces, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9oCo MODIFICATIONS TO CONTRACT FOR FUNDING RELATING TO THE 4th BEACH NOURISHMENT PROJECT: Consider approval of the modifications to the contract for the 4th Beach Renourishment project to include an additional 100,000 cubic yards of sand material to be placed on the beach to accommodate erosion losses since the project design. -5- 03/05/02 Dan Marfino, Principal Planner, stated this item relates to the modification of the original contract approved by the City Commission on December 11, 2001. Mr. Marfino stated the original contract called for 1.1 million cubic yards of sand and this modification is for 100,000 cubic yards bringing the contract total to 1.2 million cubic yards. The additional 100,000 cubic yards of sand material is expected to cost an additional $260,000. Mr. Marfino stated funds for this additional volume can be accommodated through short term financing with the entire cost of the contract later reimbursed from Federal, State and County appropriations. Mr. Marfino stated staff recommends approval of the modifications to the contract. Ms. McCarthy moved to approve the modifications to the contract for funding relating to the 4th Beach Renourishment Project, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.D. GRAFFITI REMOVAL/OCEAN BOULEVARD: Consider policy for removal of graffiti located on the east side sidewalk along Ocean Boulevard. The City Manager stated staff has received a request from Mr. Jim Smith for graffiti removal on the sidewalk along A-1-A. The City Manager explained a lot of the graffiti is initials and things that were pressed into the concrete while it was wet. The City Manager stated it has not been the City's practice in the past to redo these types of markings unless the markings are obscene or vulgar language or there was so much that it defaced the whole slab. Mr. Smith is also asking that the City remove some survey markings that usually disappear in a few months. The City Manager stated a certain type of paint is used that normally withers away. However, the City Manager stated Mr. Smith has contacted him since this and indicated that there are two or three markings that have been there for over a year. The City Manager stated maybe the incorrect paint was used and the City can certainly take care of removing these markings. As a general rule the City waits until the survey markings wither away, therefore, staff needs direction from the Commission whether the City should continue in this manner or change its practice. Mr. Levinson stated the issue when concrete is poured is someone has to physically be there until the cement is cured. Mr. Levinson asked if there is a program where Mr. Smith or someone from the Beach Property Owners' Association (BPOA) could help the City monitor the area to make sure no one scratches initials or words in the wet cement once the City pays $50 to replace this section of the sidewalk. The City Manager stated there is no such program currently in place, but the City could certainly look into this. Mr. Levinson stated because of the particular location being adjacent to the pavilion, Mr. Levinson feels $50.00 may be a good investment in preserving the good quality of the beachfront. Mayor Schmidt stated he does not object to this particular request but commented in the five years he has been on the City Commission, this is the only complaint he has ever received about graffiti on the beach sidewalk. Mayor Schmidt stated he does not feel it is considered to be an overwhelming problem by the residents and cannot justify spending the money or staff time to take out sections where someone may have wrote their initials. Mrs. Archer stated she concurs with removing the graffiti adjacent to the pavilion. However, Mrs. Archer stated unless it is marked in accentuated colors, she too does not see any -6- 03/05/02 reason at this time to spend additional money to do anything with the other markings. Mrs. Archer stated she would support removal only if the marking(s) were in an exceptionally visible position. Ms. McCarthy stated she would like to reiterate the statement "at this time" because there are some new developments with sidewalks and if the Commission sees a change in the trend, then she would like to be able to reconsider it. However, Ms. McCarthy stated at the present time $50 seems appropriate for this particular request. It was the consensus of the Commission that at the present time they are comfortable with the current policy and agree to replace the 3' x 5' cement slab adjacent to the pavilion. 9.E. HIGHLAND BEACH RESIDENTS/TENNIS CENTER RATES: Consider approval of a reduced non-resident membership rate at the Delray Beach Tennis Center for residents of the Town of Highland Beach. Mayor Schmidt stated he was contacted by the Mayor of Highland Beach because they have had a number of residents that were members of the Delray Beach Tennis Center who cancelled their memberships when the City raised the rates this year. The Mayor of Highland Beach asked Mayor Schmidt if he would be willing to accommodate them with a membership rate for Highland Beach residents. Mayor Schmidt stated he met with Mr. Dubin and Mr. Barcinski and came up with a compromise which would require a minimum often people to sign up for this membership in order to get this special rate. Prior to the vote, Mr. Levinson stated he feels the same way about this as he did about the discount rate offered to Palm Beach County people at the golf club. Mr. Levinson stated Palm Beach County does not subsidize the golf club in any way and felt it was not a compensating issue to offer that rate. Mr. Levinson stated the City does not have anything that is particular unique with Highland Beach and expressed concern that if ten people from another group were to have a similar request, would the City make the same accommodation (i.e. Gulf Stream or unincorporated Palm Beach County). Mr. Levinson stated he wants to make sure that this is being done because there is reason or rationale for it and not just because the City of Delray provides fire services to Highland Beach. Mayor Schmidt stated with the exception of Gulf Steam and Manalapan, there probably are not other towns that do not have facilities that their residents could join. Therefore, Mayor Schmidt stated he does not feel it would be opening up a "Pandora's Box" by approving this request for Highland Beach residents. Mrs. Archer inquired about how this fee compares to what the residents of Delray pay. In response, Mayor Schmidt stated the residents of Delray pay $400.00 for a family membership. Therefore, Mayor Schmidt stated the fee for residents of the Town of Highland Beach will be the difference split between the resident and non-resident rate. Ms. McCarthy moved to approve a reduced non-resident rate at the Delray Beach Tennis Center for residents from the Town of Highland Beach, seconded by Mrs. Archer. Upon -7- 03/05/02 roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - No. Said motion passed with a 3 to 1 vote. 9.F. REQUEST TO REDUCE LIENS/CHARLES RIDLEY: Consider a request from Mr. Charles Ridley to waive the interest and administrative fees in the amount of $2,694.37 assessed for a building demolition on property he inherited. One property is located at 137 SW 12th Avenue and a vacant lot located at 110 SW 12th Avenue. Mr. Ridley is prepared to pay the remaining lien of $4,847.02, which includes all of the City's out-of-pocket expenses, plus fees and interest on all nuisance abatement liens. Richard Bauer, Code Enforcement Administrator, stated this is a request to reduce the amount of interest and administrative fees assessed to property Mr. Ridley inherited. Mr. Bauer stated Mr. Ridley is prepared to pay the remaining balance. Mr. Levinson stated it is important to note that in the past the Commission at times has waived the entire lien and feels this proposal actually benefits the City more than the traditional relationship with these kinds of situations. Mrs. Archer commented that she is aware of several instances where the Commission has forgiven more than just the interest of settling debt. Therefore, Mrs. Archer stated in this instance she would support the request. Ms. McCarthy moved to approve the request to waive the interest and administrative fees in the amount of $2,694.37, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.G. DOCKING LICENSE/LADY LUCILLE CRUISES: Consider a request from Lady Lucille Cruises for a license to operate from Veterans Park up to 12 times per year. Mayor Schmidt suggested delaying this item for a week. The City Manager stated it appears that there are at least four or five other boats similarly situated that operate from time to time which raises the concern that all of them would have to be treated equally. The City Manager stated staff's recommendation is that the request for additional dockage be denied. Mrs. Archer stated she has been to Veteran's Park numerous times, but seldom sees boats docked there. Mrs. Archer stated she concurs with the comments expressed by the City Manager and stated she certainly does not want to set a precedent for other boats. Mr. Levinson asked the City Attorney if the City has reviewed the particular boat that has been brought to Delray as to whether or not they are in compliance with the agreement. The City Attorney explained that this particular boat has complied with everything thus far. Mrs. Archer stated she thought there was a requirement as to the number of passengers the boat could carry. Mrs. Archer stated she is concerned because the boat is located in Deerfield Beach and asked if they are shipping people to Deerfield Beach and operating the -8- 03/05/02 larger boat there and parking the smaller boat here in Delray. Mrs. Archer stated she has never seen anyone load the boat from Delray. In response, Mr. Shutt stated it is his understanding that people load and depart from Delray and are taken to Deerfield Beach for lunch or dinner then brought back to Delray. Ms. McCarthy moved to deny the request from Lady Lucille Cruises for a license to operate from Veteran's Park up to 12 times per year, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion to deny passed with a 4 to 0 vote. 9.H. APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Appoint Terrill Collete Pyburn, Esq. for the position of Assistant City Attorney I effective March 11, 2002. The City Attorney introduced Terrill Collette Pyburn, Esq. who has been selected for the position of Assistant City Attorney ! effective March 11, 2002. Mrs. Archer moved to appoint Terrill Collete Pyburn for the position of Assistant City Attorney ! per the conditions as outlined in the City Attorney's memo, seconded by Ms. McCarthy. 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. 9.I. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to fill an unexpired term ending July 31, 2002. Based on the rotation system, the appointment will be made by Mayor Schmidt (Seat #5). Mayor Schmidt moved to appoint Cheryl Lee-Bennett as a regular member to the Education Board to fill an unexpired term ending July 31, 2002, seconded by Ms. McCarthy. Upon roll the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:50 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's response to prior public comments and inquiries. With regard to a concern expressed by Mr. Milosky about dirt coming from The Estuary Development, the City Manager stated Code Enforcement has been in touch with the Superintendent of Construction considering the need to keep the dirt piles wet. The City Manager stated they are monitoring the situation and are doing everything they can to minimize any nuisance to the adjacent residential units. Secondly, with regard to a similar concern expressed by Mr. Vocaturo regarding the Tate Property, the City Manager stated staff is handling this situation in a similar manner. The City Manager stated staff has been in touch with the current owners and they are trying to keep the dirt piles wet so that the blowing dust and dirt is minimized. -9- 03/05/02 With regard to a concern expressed by Mr. Gray from the Regular City Commission Meeting of February 5, 2002, the City Manager stated Mr. Gray expressed some concerns for the Delray Shores neighborhood. The City Manager stated Mr. Gray's concerns were regarding drug activity, juvenile loitering at the Dollar Saver Store, sales of beer and cigarettes to juveniles, and the need for enhanced Police enforcement. The City Manager stated the City has established extra patrols at the Dollar Saver Store since the 1 st of the year and the owner has been advised with reference to "No Trespassing" signs on his property. The Board for the neighborhood has been advised to invite the property owner and the store operator to the homeowners' association meeting to further discuss their concerns. The owner has also been advised about juveniles loitering in and around the store and the need for the clerks to be proactive and call Police. The City Manager stated the owner was asked to move adult videos and magazines to an inconspicuous area. Exterior lighting is being checked for favorable conditions and the owners have been aware that they are going to be held accountable for any criminal activity that occurs on their property. An officer from each shift has been assigned to the area and will report their findings biweekly. One arrest was made on February 22, 2002, at 2200 Lake Ida Road for possession of drugs and resisting arrest. Several covert attempts have been made to buy alcohol or cigarettes by under age persons at the Dollar Saver Store and have yielded negative results. Several covert attempts have been made to buy illegal drugs and have also yielded negative results. The City Manager stated Mr. Gray and the Board of the homeowners' association have been informed that the City would continue with its efforts to address their concerns but would need the help of the neighborhood as well. 11.B. From the Public. ll.B.1. McCall Rosenthal~ 817 N. Lake Avenue (La Hacienda)~ distributed a letter to Mayor Schmidt and Vice-Mayor McCarthy regarding The Estuary and the non-fulfillment of some promises that were made which need to be addressed before the construction begins for Phase II. Secondly, Ms. Rosenthal thanked Commissioner McCarthy, Chief Schroeder, and all those involved for resolving the drug situation in her neighborhood. ll.B.2. Wend¥ Mortimer~ Secretary for Representative William Andrews~ read into the record and distributed a letter to the Commission from Representative Andrews regarding his motives on issues before the Legislature that will affect the City of Delray Beach (attached is a copy hereto and made an official part of the minutes). ll.B.3. Alice Finst~ 707 Place Tavant~ thanked Commissioner McCarthy for her efforts regarding the drug situation next door to Ms. Rosenthal. Secondly, Mrs. Finst stated West Park Baptist Church on Lake Ida Road is being used as a polling location and requested for City staff to be there the day of the election. Mrs. Finst feels since people will be turning into this location to vote from both directions (north and south), it will help to make it much safer if City staff were there to help. -10- 03/05/02 With regard to the Atlantic High School issue, Mrs. Finst stated she cannot understand why no one has addressed the fact that there was a high school and a middle school on this property which coexisted for up to 40 years and now it is inappropriate to have the high school and middle school existing on the same property. ll.B.4. Jim Smith~ 1225 S. Ocean Bonlevard~ stated the City Commission made the right decision when they established the Citizens Residents Academy and commended them for a job well done. Mr. Smith stated there are citizens like himself who are looking to make a contribution to the City as a non-paid volunteer. He urged the City Commission to take the next step in the process and suggested that the City Commission ask the City Manager to form a "Citizens Council". Furthermore, Mr. Smith stated the Citizens Council could hold a monthly meeting to serve the purpose of establishing another review process of capital expenditures and provide the citizens with a forum. ll.B.5. John Bennett~ 137 Seabreeze Avenue~ expressed concern over waste management, specifically the condition of the grassy areas east of A-1-A. Mr. Bennett stated he recently noted a grand total of seven piles of dog waste which he personally picked up and threw away. Secondly, Mr. Bennett noted that the first station for the doggie bags is approximately three-tenths of a mile down the walk and suggested that there be a station for doggie bags at the north end of the beach for those people who do not come prepared. In addition, Mr. Bennett stated the trash cans end about two-tenths of a mile from the north end of the beach and suggested that there be at least one more trash can put in this area so when people have waste to dispose of they do not have to walk such a long distance. Mr. Bennett stated for approximately two years the trash can at the shelter on Laing Street was replaced with a metal trash can and asked if it would be possible to get a replacement. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager responded to Mrs. Archer's inquiry whether the Hannah Glover had the appropriate coast guard certification and commented that he received a letter dated February 8, 2002, from the coast guard's Miami office stating that they are appropriately certified and have their certificate of insurance. Secondly, the City Manager stated High Point West has asked again for a signal study at Barwick Road and N.W. 3rd Street and explained that the County has completed a study. The City Manager stated the study results indicate that neither the main street nor the side street traffic volumes meet the warrants for signalization. Also, the accident data revealed that there were no accidents susceptible to correction by signalization reported within the most recent 12 months. Therefore, the City Manager stated installation of a traffic signal at this intersection is not recommended. -11- 03/05/02 With regard to the concern expressed by Mr. Bennett, the City Manager stated staff has talked with the Police Department staff as well as the Parks and Recreation staff to determine whether complaints have been filed regarding the disposal of dog waste. The City Manager stated although the City has not received any formal complaints, some of the Commissioners may have received complaints concerning failure to clean up animal waste. The City Manager stated the only complaint the lifeguards have received since the ordinance change is that there have been more people trying to bring their dogs on the beach. The City Manager stated Parks maintenance reported that they have found less dog waste in the grass area since the dog ordinance has been put into affect and the disposal bags provided. The City Manager commented about Representative Andrews' letter and stated that there was a referendum on the library relocation. 13.B. City Attorney. The City Attorney welcomed Terrill Collete Pyburn who has been hired as the new Assistant City Attorney I. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer thanked the City Manager for his response regarding the dog waste and feels that there may be fewer surprises on the beach side because of Mr. Bennett patrolling the area. Secondly, Mrs. Archer stated she received a complaint from one of the citizens who lives off Lake Ida Road fairly close to 1-95 who had seen some problems with homeless people camping in the southeast empty lot. Mrs. Archer stated she reported this to the Police Department and commended them for their quick response in making a determination as to whether or not there was an existing problem. Furthermore, Mrs. Archer stated the Police will continue to monitor this area. 13.C.2. Mayor Schmidt Mayor Schmidt stated he will be responding to Representative Andrews in writing and commented the three issues mentioned in his letter have been "kicked around" for months in the City. Mayor Schmidt stated he is rather surprised that Representative Andrews has stepped forward at the last minute on all three issues to intervene, but to his knowledge has never discussed any of these items with the City. 13.C.3. Commissioner McCarthy Commissioner McCarthy had no comments or inquiries on non-agenda items. -12- 03/05/02 13.C.4. Commissioner Levinson With regard to Representative Andrews' letter, Mr. Levinson stated it is not only an insult to his intelligence, but is an insult to the other 60,018 people who live in the City. As the Mayor stated in the case of the Boca Raton Airport, Mr. Levinson stated the Delegation, long before the session started, dealt with this issue and voted 10-2 to support this issue. Mr. Levinson stated there was compromise language which was supported by the City of Boca, Deerfield, Highland Beach, and Delray. However, Mr. Levinson stated in his personal infinite wisdom, Mr. Andrews decided he knew more than everyone else. Secondly, regarding the library issue, Mr. Levinson commented it was only a year ago that there was a library referendum which passed 87-13% (give or take) that said move the library. Mr. Levinson commented in Mr. Andrews' letter, he stated "I ran into several residents that had strong objections to the relocation of the library." Mr. Levinson stated in the infinite wisdom of Mr. Andrews, this appears to be more important than the referendum which was held a year ago. Mr. Levinson stated it is ludicrous and an insult if Mr. Andrews is going to hold up a half million dollars worth of funding for the Delray Beach Library because he is annoyed over the decision made regarding the denial of his rezoning request by the City Commission. With regard to the Atlantic High School issue, Mr. Levinson stated this has been going on for ten years and Representative Andrews never raised an issue. Mr. Levinson stated he agrees with Representative Andrews in regards to wanting smaller schools, but stated the problem is Representative Andrews and the rest of the Legislature has not provided funding for this to the local government. Mr. Levinson reiterated that he is thoroughly annoyed by the behavior of Representative Andrews and feels it is very inappropriate. Mr. Levinson stated he received a letter from the University of Miami on behalf of the Chamber of Commerce and stated they are offering a Saturday MBA program for professionals in Delray Beach at the Office Depot Headquarters. Mr. Levinson stated it is terrific to have the University of Miami believe enough in the professional people who live in the community to offer an MBA program. At this point, the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 8-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations Appendix "A" Definitions to add a definition for bedrooms. 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. 8-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND -13- 03/05/02 DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING APPENDIX "A", "DEFINITIONS", TO ADD THE DEFINITION OF "BEDROOM"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-02 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. Dan Marfino, Principal Planner, stated at its meeting of February 19, 2002, the City Commission voted unanimously to pass this ordinance and staff recommends approval for second reading. Mayor Schmidt declared the public hearing open. Alice Finst~ 707 Place Tavant~ stated she understands this ordinance which will assure that two parking spaces will be required in a one bedroom unit if the second room is declared a bedroom. Mrs. Finst expressed concern over the City's interpretation of the code as it relates to the number of people living in a domicile. Mrs. Finst asked for clarification as to how this extrapolates into single family living and what protection the City has adding two more people to a small house. Michael Weiner~ Attorney~ 102 N. Swinton Avenue~ urged the Commission to delay voting on this particular ordinance because he feels there has not been sufficient explanation as to why there has to be a change to the ordinance. Discussion between staff and the Commission followed. Dan Marfino, Principal Planner, stated with respect to applications for single- family homes this only applies to multi-family homes. Mr. Marfino stated if there is a secondary bedroom then it would increase to another square footage area and would require the apartment to be larger in the design. Mr. Marfino stated it is not designed to fit more people in a smaller space, but is designed to make a more appropriate space if there is a possibility of there being a bedroom. Mr. Levinson stated he feels it is a valid point to review the statute that deals with habitation particularly as it relates to single-family homes, but also for multi-family as well. Mr. Levinson suggested that the City readdress the policy regarding the number of unrelated people living in the same household. Mrs. Archer suggested the Commission postpone this item and review it instead of making a decision now. The City Manager stated Mrs. Finst's comments deals with two separate issues. The City Manager stated the ordinance this evening relates to parking spaces and the size of -14- 03/05/02 units. He continued to state Mrs. Finst is concerned about how the housing code applies in determining whether a unit is overcrowded and is an issue which would need to be dealt with separately. There being no one else who wished to address the Commission regarding Ordinance 8-02, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 8-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 3 to 1 vote. 10.B. ORDINANCE NO. 6-02: An ordinance amending the Future Land Use Map (small scale) from GC (General Commercial)to MD (Medium Density Residential 5-12 du/ac) for a 0.763 acre parcel of land for Palm Grove Village, located at the northeast corner of Royal Palm Boulevard and North Federal Highway. 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. 6-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP FROM GC (GENERAL COMMERCIAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) FOR A 0.763 ACRE PARCEL OF LAND FOR PALM GROVE VILLAGE AS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-02 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. Dan Marfino, Principal Planner, stated the applicant proposes to aggregate the subject property with additional property to the east and on the south side of Royal Palm Boulevard in order to develop a residential development with a mix of 34 single family and 12 multiple family residential units on a total of 4.623 acres. At its meeting of January 28, 2002, the Planning and Zoning Board held a public hearing in conjunction with the request and after discussion the Board voted 7-0 to recommend approval based upon positive findings with respect to Future Land Use Element Policy A-1.7 of -15- 03/05/02 the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Mayor Schmidt declared the public hearing open. McCall Rosenthal~ 817 N. Lake Avenue (La Hacienda)~ stated at the Planning and Zoning Board Meeting, residents were told that there is going to be a park built in the area as a gift to the neighborhood. Ms. Rosenthal expressed concern over the timetable for the park and other projects. Ms. Rosenthal stated she would like to see the promises fulfilled and asked if the City has a system where she could report that these promises are not being fulfilled. Diane Domin;~uez~ CRA Director~ stated the North Federal Highway Redevelopment Plan calls for a neighborhood park to be somewhere in the area. Ms. Dominguez stated the CRA has monies allocated for some improvements for North Federal Highway and are working with the developers of the project. Ms. Dominguez stated there are not many vacant lots left in the area. Ms. Dominguez stated one lot has been identified and the CRA is also looking at adjacent property. Ms. Dominguez stated the park is going to be a "tot lot" and will be something small to serve the neighborhood. Ms. Dominguez stated there is a possibility of a bike path to help solve some of the problems. With regard to a timeframe, the developers will have to acquire the lot because this is in-lieu of paying a $500.00 per unit recreation fee which is typically required from residential developers. She continued to state with regard to a timeframe for the park, this could be a couple of years. There being no one else who wished to address the Commission regarding Ordinance No. 6-02, the public hearing was closed. Prior to the vote, Ms. McCarthy inquired about the $500 per unit fee and whether or not this amount has been waived for the developer. In response, Ms. Dominguez stated when a developer is developing a residential project, they are required to donate land or as an alternative they can pay an impact fee of $500 per unit. Mayor Schmidt inquired about the timetable for the acquisition. In response, Ms. Dominguez stated this would have to be part of the site plan approval. With regard to the site plan for North Federal Highway which incorporated bike paths, Ms. McCarthy asked if this is something that will be forthcoming. In response, Ms. Dominguez stated the bike path is required by The Estuary development and is a way of connecting the neighborhoods. Ms. Dominguez explained that the bike path is on the plat and the developer is required to incorporate the bike path. Dan Marfino stated the approvals for Estuary Phase II are contingent upon finishing Estuary Phase I. The wall is estimated to be complete around mid-May prior to the issuance of the last Certificate of Occupancy (CO) on the residential unit in Estuary Phase I. After discussion, Mrs. Archer moved to adopt Ordinance No. 6-02 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: -16- 03/05/02 Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 7-02: An ordinance rezoning from GC (General Commercial) in part, RM (Multiple Family Residential-Medium Density) in part, and RL (Multiple Family Residential-Low Density) in part to PRD (Planned Residential Development) for 4.623 acres for Palm Grove Village, located on the north and south sides of Royal Palm Boulevard, east of North Federal Highway. 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. (Quasi-Judicial Hearing) The City Manager presented Ordinance No. 7-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN PART, RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) IN PART, AND RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) IN PART TO PRD (PLANNED RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF ROYAL PALM BOULEVARD, EAST OF NORTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-02 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 asked the Commission to disclose any ex parte contacts. Mayor Schmidt stated he met with the developers before they made their submission. Mrs. Archer, Mr. Levinson and Ms. McCarthy stated they had no ex parte contacts. 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. Barbara Garito, City Clerk, swore in the following individual who wished to give testimony on this item. Dan Marfino, Principal Planner, entered into the record the Planning and Zoning Department's project file #2002-059 into the record. Mr. Marfino stated at its meeting of -17- 03/05/02 February 19, 2002, the City Commission passed the ordinance unanimously on first reading and staff recommends approval of this ordinance on second reading. Mr. Levinson moved to adopt Ordinance No. 7-02 on Second and FINAL Reading, seconded by Ms. McCarthy. 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. 10.D. ORDINANCE NO. 9-02: An ordinance amending Land Development Regulations Section 5.3.1.(D)(4)(a) changing appeals of required right-of-way dedications from the Board of Construction Appeals to the City Commission. 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. 9-02: 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 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.1(D)(4), "REDUCTION IN WIDTH", TO REFER AN APPEAL OF A RIGHT-OF-WAY DEDICATION REQUIREMENT TO THE CITY COMMISSION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-02 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. Dan Marfino, Principal Planner, stated this amendment is being processed to refer an appeal of a right-of-way dedication requirement to the appropriate approving body, the City Commission, rather than the Board of Construction Appeals. At its meeting of January 28, 2002, the Planning and Zoning Board held a public hearing regarding this item and after discussion the Board voted 7-0 to recommend approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M). Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance 9-02, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 9-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - -18- 03/05/02 Yes; Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.E. ORDINANCE NO. 10-02: An ordinance amending Ordinance No. 59-01 to make clear the intent of that ordinance that suits against the City will also cause extensions on development approvals. 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. 10-02: 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 SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION (F), "EXTENSIONS", BY AMENDING PARAGRAPH (4), "LITIGATION PREVENTING CONSTRUCTION", TO PROVIDE FOR EXTENSIONS WHEN LITIGATION IS FILED AGAINST THE CITY TO PREVENT CONSTRUCTION RELATING TO A DEVELOPMENT APPROVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10-02, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 10-02 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 12. at 7:30 p.m. FIRST READINGS: None. There being no further business, Mayor Schmidt declared the meeting adjourned -19- 03/05/02 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 March 5, 2002, 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. -20- 03/05/02 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 March 5, 2002, w.t~ich Mistutes 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. -20- 03/05/02