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09-19-00SEPTEMBER 19, 2000 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, September 19, 2000. Roll call showed: Present - Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Commissioner Bill Schwartz Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Dan Casselberry with Cason United Methodist Church. The Pledge of Allegiance to the flag of the United States of America was given. Agenda ADDroval. Mayor Schmidt noted the addition of Item 8.K.8., Bid Award to Optimum Services, Inc. for the demolition of the exist- ing clubhouse and concession building at the Delray Swim and Tennis Club (f/k/a Layer's International Tennis Resort), to the consent agenda by addendum. On question from Commissioner Schwartz concerning Item 8.K.5, contract award for the Police Department Communications Center modifications project, the City Manager stated that this project involves the remodeling of the communications center to accommodate the new radio system. It is not for the radio system equipment. On question from Commissioner Schwartz concerning Item 8.K.6, contract award for the Breezy Ridge Estates Neighborhood Improvements project, the City Manager stated that this project is part of the 2000 Roadway Bond Program. Mr. Schwartz moved to approve the agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. ,5, ApprQval of Minutes: Mrs. Archer moved to approve the Minutes of the Regu- lar Meeting of September 7, 2000, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Abstain; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. (Note: Commissioner Schwartz abstained from the vote inasmuch as he was no~ present at the September 7, 2000 regular meeting.) Proclamations: 2000. Large Scale Community Association Day - September 20, Mayor Schmidt noted the proclamation in recognition of September 20, 2000 as Large Scale Community Association Day, and expressing congratulations to the Community Associations Insti- tute as it celebrates it's 20th Annual Workshop which is being held at the Delray Beach Marriott from September 20th through September 24, 2000. Presentations: 7.A. RESOLUTION NO. 68-00: A resolution recognizing and commending Donald L. (Don) Haley for over twenty-five (25) years of dedicated public service to the City of Delray Beach. The caption of the Resolution 68-00 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING DONALD L. HALEY, FOR OVER TWENTY-FIVE YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution 68-00 is on file in the City Clerk's office.) Mayor Schmidt read Resolution No. 68-00 in its entire- ty and, on behalf of the City Commission, presented same to Mr. Haley who came forward to accept the resolution. Mrs. Archer moved to approve Resolution No. 68-00, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA: City Manager recommends approval. 8.A. AGREEMENT WITH DEMAND STAR.COM/INTERNET WEB SITE FOR PURCHASING DEPARTMENT: Approve an agreement with Demand Star. Com for a web site to be created for Internet advertising -2- 09/19/00 of formal bids and requests for quotations for the Purchasing Department. There is no cost to the City. 8.B. AMENDMENT ~5 TO DEP CONTRACT FOR FUNDING RELATED TO THE BEACH NOURIS~IMENT PROJECT: Approve Amendment #5 to the City's contract with the Florida Department of Environmental Protection to extend the term from September 30, 2000 to Decem- ber 31, 2001, in order to retain funding for the beach nourish- ment project. AMENDMENT NO. I TO INTERLOCAL AGREEMENT WITH HIGHLAND BEACH/CONVERSION TO 800 MHZ TRUNKED RADIO SYSTEM: Approve Amendment No. 1 to the interlocal agreement between the City and Highland Beach for fire and emergency medical services to speci- fy the Town of Highland Beach's responsibilities related to the conversion of the City's radio system to an 800 MHz trunked system. 8oDo SIXTH AMENDMENT TO BANKING SERVICES AGREEMENT WITH BANK OF AMERICA: Approve an amendment to the City's banking services agreement with Bank of America to extend the present contract with current pricing for an additional 2-year period through September 30, 2002, with an option to renew for up to two additional one year renewal periods. LETTER OF SUPPORT/TOUSSAINT LOUVERTURE ARTS FOR SOCIAL JUSTICE CHARTER HIGH SCHOOL: Approve and authorize the Mayor to sign a letter of support for the Toussaint Louverture Arts for Social Justice Charter High School proposed by the Center for Education, Training & Holistic Approaches, Inc. 8.F. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZTIONS: Approve the recommended funding allocations for special events and charitable organizations for FY 2001. 8.G. CONTRACT ADDITION (C.O. ~i)/AHRENS COMPANIES (ESD COMPLEX OVERHEAD DOOR REPLACEMENT): Approve a contract addition (C.O. %1) in the amount of $43,930.28 with Ahrens Companies under the ESD/Parks Maintenance Building Expansion contract for furnishing and installing 28 steel overhead garage doors to replace all of the existing fiberglass garage doors in the complex. Funding is available from 334-6112-519-62.10 (R&R Buildings Capital Outlay). 8.H. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/AKERBLOM CONTRACTING, INC. (REHABILITATION OF LIFT STATIONS 1lA, 25 & 53): Approve closeout Change Order #1 in the amount of $2,375.10 and final payment in the amount of $12,038.71 to Akerblom Contracting, Inc. for completion of the rehabilitation of lift stations llA, 25 & 53 project, with funding from 442-5178-536-61.83 (Lift Station Conversion to Submersible). 3 09/19/00 8.I. APPOINTMENT OF OUTSIDE COUNSEL/JENKINS V. CITY: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. 8oJo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 5th through September 15, 2000. AWARD OF BIDS AND CONTRACTS: Bid award to Carolina Cabana Company (f/k/a Bandana Beach Service) for the rental of cabanas and beach equipment at the municipal beach for a period of three years beginning on October 10, 2000 and ending on October 9, 2003, with an option to renew for an additional three years. The City will receive a monthly rate of $3,570.00. 2: Purchase award in the amount of $11,615.12 to Hector Turf, via General Services Administration (GSA) contract, for the purchase of one Toro Multi Pro 1100 Sprayer for the Municipal Golf Course, with funding from 445-4761-572-64.90 (Municipal Golf Course Capital Outlay - Other Machinery/Equiment). Purchase award in the amount of $24,300.42 to Kaiser GMC, via Florida State contract, for the purchase of a 2000 GMC 3500 heavy duty one ton flatbed truck as a replacement for a wrecked vehicle, with funding from 501-3312-591-64.20 (Garage/Vehicle Replacement - Automotive). Purchase award in the amount of $20,075.00 to Hydro Pumps, sole source provider, for the pur- chase and installation of two (2) high service water pumps to replace those at the south pump station and Owens Baker tank, with funding from 441-5143-536-64.90 (Water Maintenance - Other Machinery/Equipment). Contract award in the amount of $76,900.00 to Coral-Tech Associates, Inc. for the Police Depart- ment Communications Center modifications project, with funding from 334-6112-519-63.22 (General Construction Fund - 800 MHz Radio System). Contract award in the amount of $517,270.00 to Chaz Equipment Co., Inc. for construction of the Breezy Ridge Estates Neighborhood Improvements project, with funding in the amount of $124,725 from 370-3162-541-65.48 (2000 Roadway Bond Pro- gram, $10,140.00 from 448-5470-538-65.48 (Stormwa- ter Utility), and $382,405.00 from -4- 09/19/00 441-5161-536-65.48 Outlay). (Water & Sewer New Capital Contract award in the amount of $13,725.00 to Murray Logan Construction, using an existing Palm Beach County contract, for labor and equipment to rehabilitate Lift Stations 58 & 93. The City will provide all materials. Funding is available from 441-5144-536-46.20 (W&S Lift Station Mainte- nance - Equipment Maintenance). Bid award in the amount of $61,110.00 to Optimum Services, Inc. as the lowest responsive, responsi- ble bidder, for the demolition of the existing clubhouse and concession building at the Delray Swim and Tennis Club (f/k/a Layer's International Tennis Resort), with funding from 334-6112-519-62.10 (Miscelllaneous Building R&R). (By Addendum) Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commis- sion voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. CONSENSUS STATEMENT/PUBLIC SCHOOL ISSUES: Consider approval of a proposed consensus statement regarding public school issues, and associated actions. Janet Meeks, Senior Planner, presented an overview of the consensus statement drafted in response to Commission direc- tion at the September 12th workshop meeting, as follows: (1) That while it is the City's desire to eliminate the enclaves of students being bused to other municipalities, the impact to do so in one year with no plans from the School District to shift resources to accommodate the "re-culturing" of the school is a detriment to the students as well as the communi- ty as a whole; (2) That the School District of Palm Beach County modify their Five Year Plan FY 2001-2005 to include a new middle school and elementary school to be located within the coastal area of Delray Beach and identify and acquire the necessary land suitable for the construction of the new schools; and (3) Commission discretion regarding a statement on whether or not to support the expansion of the Carver Middle School magnet program. -5- 09/19/00 Ms. Meeks stated that the recomended action is to accept the consensus statement, request a meeting with the School Superintendent of Palm Beach County to discuss the City's concerns regarding the proposed boundaries, and to request that the School Board defer adopting the proposed boundaries being discussed by the Attendance Boundary Committee (ABC) for Carver Middle School, Plumose Elementary School and Orchard View Elemen- tary School for ninety (90) days in order to allow the community to work with the ABC to come up with a plan that is equitable for all students located within Delray Beach. The City Manager then discussed some preliminary work he had done with school boundaries just to show that there are alternatives to those being considered by the Attendance Bounda- ry Committee. He noted that the ABC proposal has Delray Beach children going to four different middle schools. The alterna- tive suggested by him has them going to two middle schools that would either be in Delray or to the new Boynton Beach middle school. He acknowledged that there are numerous variations to his suggested boundaries, but the point is that there are better ways of handling the situation than what is being proposed by the Attendance Boundary Committee. The City Manager further stated that while some diffi- culty was encountered in getting all of the statistical informa- tion, based on what was provided it seems that things are moving in a positive direction and that the International Baccalaureate program at Carver Middle School is helping to bring up the percentage of black students participating in the Atlantic High School IB program. Discussion by the Commission ensued concerning support for expansion of the International Baccalaureate program at Carver Middle School. Ms. McCarthy expressed concern about the potential impact of this action on the rest of the student populace. She questioned if the IB program were to be expanded by some percentage, would that then mean that the equivalent percentage of the other student population that is not part of the program would be removed from the school and bused to other cities. If that were going to be the case, Ms. McCarthy felt that the Commission needed to know that and be willing to accept the impact of that decision. In further discussion the Commission acknowledged the potential for boundary district changes to have a very large effect on allowing for expansion of the IB program at Carver Middle School with little or no displacement of the general student body. It was the consensus to support the expansion of the magnet program if the new boundaries could be achieved. Mr. Schwartz moved to accept the consensus statement outlined by staff with the addition of the submission of a suggestion of different boundaries as suggested by the City Manager, that the Commission request a meeting with the Superin- -6- 09/19/00 tendent and also a joint workshop with the School Board to discuss the boundary changes, and that the School Board delay making any decisions on school boundaries for ninety days as set forth in the recommended action. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.B. SPECIAL EVENT REQUEST/NORTH AMERICAN CORPORATE GAMES: Consider approval of a request to use the Tennis Center for the North American Corporate Games opening ceremonies to be held on October 27, 2000, as well as a proposed street festival to be held in conjunction with this event. The City Manager stated that the proposal is to use the tennis center for the North American Corporate Games opening ceremonies, although as of today they were also looking at the possibility of doing this at Old School Square instead of the tennis center. If that happens, then there would certainly be less cost for the City and probably less cost overall. The City Manager recommended, however, that the Commission go ahead and act on the subject request so that they would still have this option if they were not able to work things out with Old School Square. Mayor Schmidt noted that the Commission did endorse this event last November. It is going to bring a lot of people to the community as well as giving the City exposure by hosting the opening ceremonies. Mrs. Archer moved to approve the special event request for the North American Corporate Games, including temporary use permits, staff support and waiver of overtime. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.C. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 2001. The appointment will be made by Commissioner McCarthy (Seat %4). Commissioner McCarthy moved to appoint Janine Dabney- Battle to the Board of Adjustment as an alternate member to fill an unexpired term ending August 31, 2001. The motion was second- ed by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.D. APPOINTMENTS TO THE EDUCATION BOARD: Appoint four regular members and two student members to the Education Board. ? os/ls/oo The regular member appointments will be made by Commissioner Perlman, Commissioner Archer, Commissioner Schwartz and Commis- sioner McCarthy. The student member appointments will be made by Mayor Schmidt and Commissioner Perlman. Commissioner Perlman moved to appoint Stephanie Stew- art to the Education Board as a regular member for a one year term ending July 31, 2001. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. Commissioner Archer moved to appoint Jayne King to the Education Board as a regular member for a one year term ending July 31, 2001. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - No; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote. Commissioner Schwartz moved to appoint James Kemp to the Education Board as a regular member for a two year term ending July 31, 2002. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. Commissioner McCarthy moved to appoint Eugene Herring to the Education Board as a regular member for a two year term ending July 31, 2002. The motion was seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt stated that he wished to appoint Katrina Sorenson to the Education Board as a student member for a one year term ending July 31, 2001. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as fol- lows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. Commissioner Perlman moved to appoint Shreya Parikh to the Education Board as a student member for a two year term ending July 31, 2002. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.E. DEMAND FOR JUDGMENT/MUNROE V. CITY OF DELRAY BEACH/SGT. BRADLEY: Consider a demand for judgment in the refer- enced matter. -8- 09/19/00 Mr. Schwartz moved to deny the demand for judgment as recommended by the City Attorney. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. CITY ATTORNEY EVALUATION. Mrs. Archer moved to approve a five percent (5%) performance increase for the City Attorney. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perl- man - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. CITY MANAGER EVALUATION. Mrs. Archer moved to approve a five percent (5%) performance increase for the City Manager. The motion was seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:50 p.m., the Commis- sion moved to Item 11 on the agenda. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. There were no responses to prior comments and inqui- ries. 11 .B. From the Public. 11.B.1. Jean Beer, 2145 S.W. 26th Terrace, asked if the Commis- sion intended to take any action with respect to the federal Senate Bill that gives developers the right to go directly to the federal courts if they don't like what is done on a local level? The City Manager advised that both the Florida League of Cities and the National League of Cities are fighting the bill. It was the consensus of the Commission to have a resolu- tion in opposition to the legislation drafted for consideration at the September 26, 2000 special meeting. 12. FIRST READINGS: None 13. Comments and Inquiries on Non-Aqenda Items. 9 09/19/00 13.A. City Manaqer. -- The City Manager expressed his appreciation to the Mayor and Commissioners for their confidence and support. 13 .B. City Attorney. The City Attorney expressed her appreciation to the Mayor and Commissioners for their confidence and support. She also expressed her appreciation to her staff for the fine job that they do. 13 .C. City Commission. 13.C.1. Commissioner Archer commented that the Principal at South Technical Education Center had given a presentation at the Progressive Residents of Delray (P.R.O.D.) meeting this morn- ing. She was quite surprised to discover that South Tech is probably the only fully active technical school in the county and that in the next year there will be three times the number of students at South Tech with only two-thirds of the budget. Mrs. Archer stated that she wanted to bring this to the Commis- sion's attention as it is something that needs to be included as the City moves forward with the school boundary situation and other school issues. Mrs. Archer further commented that as we go through the redevelopment process with the Community Redevelopment Agency for the West Atlantic Avenue area, particular attention needs to be given to the historic areas of the minority communi- ty. She expressed concern that some of the historic homes might be overlooked and suggested that there be some way for the Historic Preservation Board to work in concert with the CRA to make sure there is no further decimation of historic properties in the minority community. 13.C.2. Commissioner Perlman commented that with respect to South Tech, the City might want to consider working with Boynton Beach on this issue because the Boynton Chamber is very con- cerned about what is happening at that facility. Commissioner Perlman commented on a book project called "Indivisible" that was done by Duke University. He heard today that it is being published and that the book includes some chapter photos of the Haitian Roving Patrol as well as MAD DADS. This is something that is going to go around the country and he felt it was a tremendous honor that of all the programs in the country, the roving patrol and MAD DADS were included. Commissioner Perlman briefly reported on the Village Academy. They are finally getting some furniture in, but are continuing to battle the perception that they are a charter school. He commented that ABC News Night Line is going to be in town on Thursday (September 21st) to do a feature on the acade- -10- 09/19/00 my, and also that Washington Mutual gave them $10,000 to open up a family resource room where they can bring in parents and teach them how they can impact their child's education. So it is a great donation and a great program they will be able to launch there. Commissioner Perlman also reported that the MacArthur Grant process is moving along in coming up with a list of people for the steering committee. It is a rather large steering committee that is coming together, but it is trying to be as inclusive as possible because it is going to redefine the down- town from the beach to 1-95 in what is quite an historic leap for the City. Mr. Perlman also noted that there is some poten- tial for additional resources through the Ford Foundation and our allies at the MacArthur Foundation are going to be pushing to get those resources in to Delray Beach. 13.C.3. Commissioner McCarthy echoed the remarks about the South Technical Education Center. There are wonderful opportu- nities offered for those students who choose to go into the trades 13.C.4. Commissioner Schwartz also commented on the importance of schools such as the South Technical Education Center as they offer opportunities for education in the skilled trades that are every bit as important as the professions. He would totally support anything that can be done to support South Tech. Commissioner Schwartz also commented that he had received a copy of the annexation report for the Foxe Chase community and asked what brought that about? The City Manager stated that the association had formed a committee to explore the possibility of annexing into the City. They met with staff and asked that the report be prepared. It was provided to them about a week and a half ago, but as yet no response has been received. Mr. Schwartz commented on the significant increase in taxes that the Foxe Chase residents would pay if they were to come into the City, and so was not sure how they would take to the prospect of annexation. He felt that the benefits provided by the City might outweigh the increase in taxes, and would be interested to see how the Foxe Chase community responds. 13.C.5. Mayor Schmidt had no comments or inquiries. At this point, the time being 7:10 p.m., the Commis- sion moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINaS: 10.A. RESOLUTION NO. 69-00 (MILLAaE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness, for FY 2001. Prior to consider- -11- 09/19/00 ation of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 69-00: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution 69-00 is on file in the City Clerk's office.) The City Attorney stated that Resolution No. 69-00 levies a tax on all properties in the City of Delray Beach for FY 2001 as follows: 7.26 mills for operation and maintenance of the General Fund, and 0.69 mills for the payment of principal and interest on bonded indebtedness, for a total millage rate of 7.95 mills. The millage rate of 7.95 mills is three-tenths of a mill more than FY 2000. The rolled back rate calculated under the TRIM law for operating purposes is 6.5949 mills. The mil- lage rate is 10.09% above the rolled back rate. A public hearing was held having been legally adver- tised 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 audience who wished to address the City Commission, the public hearing was closed. The City Manager stated that he did speak with Mr. Dale Popik, 975 Cypress Drive in Tropic Isle, this afternoon and Mr. Popik reiterated his opposition to the millage increase. Mr. Perlman moved to approve Resolution No. seconded by Mrs. Archer. 69-00, Prior to roll call, Mr. Perlman commented that the issue of raising taxes was not taken lightly by the Commission. Considering the 2000 Roadway Bond and the Police and Fire pen- sion hit this year, he felt that the Commission and staff worked hard to cut the millage increase in half. In future years he hoped the millage rate could either be held steady or further reduced. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. -12- 09/19/00 10.B. RESOLUTION NO. 70-00 (MILLAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 70-00: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLEC- TIONS THEREUNDER. (The official copy of Resolution No. 70-00 is on file in the City Clerk's office.) The City Attorney stated that Resolution No. 70-00 levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2001. This millage exceeds the 0.92 rolled back rate calculated under the TRIM law by 8.97%. A public hearing was held having been legally adver- tised 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 audience who wished to speak on this item, the public hearing was closed. Mr. Perlman moved to approve Resolution No. 70-00, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 71-00 (FY 2001 BUDGET ADOPTION): A resolution making appropriations of sums of money for all neces- sary expenditures of the City of Delray Beach for the period October 1, 2000 through September 30, 2001. Prior to considera- tion of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 71-00: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPRO- PRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 2000, TO THE 30TH DAY OF SEPTEMBER, 2001; TO -13- 09/19/00 PRESCRIBE T~E TERMS, CONDITIONS AND PROVI- SIONS WIT~ RESPECT TO THE ITEMS OF APPROPRIA- TIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 71-00 is on file in the City Clerk's office.) A public hearing was held having been legally adver- tised 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 audience who wished to speak on this item, the public hearing was closed. At this point, Paul Dorling, Acting Director of Plan- ning and Zoning, informed the City Commission that the Planning and Zoning Board made a finding that the Capital Improvement budget is consistent with the City's adopted Comprehensive Plan. Mr. Schwartz moved to accept the finding of the Plan- ning and Zoning Board as to consistency between the capital improvement budget and the Comprehensive Plan, and to approve Resolution No. 71-00. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2001 Capital Improve- ment Budget are consistent with the Comprehensive Plan, and approve same. Mayor Schmidt declared the public hearing open. There being no one from the audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to accept the finding of the Plan- ning and Zoning Board that the Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. The motion was seconded by Mr. Peri- man. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 22-00 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.12, "Planned Commercial (PC) District", by amending Subsection 4.4.12(D), -14- 09/19/00 "Conditional Uses and Structures Allowed" and Subsection 4.4.12(G), "Supplemental District Regulations", to implement provisions of the Lindell Boulevard/Federal Highway Redevelop- ment Plan. 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. 22-00: AN' ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SUBSECTION 4.4.12(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", AND SUBSECTION 4.4.12(G), "SUPPLE- MENTAL DISTRICT REGULATIONS". TO IMPLEMENT PROVISIONS OF THE REDEVELOPMENT PLAN FOR THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDEVELOP- MENT AREA #6; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 22-00 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 adver- tised 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 audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 22-00 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 9-00 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2000-1): 1. Redevelopment yard/Federal Highway Area. Plan for the Lindell Boule- 2. Future Land Use Map Amendment from MD (Medium Density 5-12 dwelling units/acre) to TRN (Transitional) for Waterford Place, located south of Linton Boulevard, east of 1-95. -lS- 09/19/00 3. City-initiated Future Land Use Map Amendment from GC (General Commercial) in part, and CMR (Commerce) in part, to GC (General Commercial) for Home Depot, located south of Linton Boulevard, east of 1-95. The City Manager presented Ordinance No. 9-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2000-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2000-1" AND INCORPORATED HEREIN BY REFER- ENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Acting Director of Planning and Zoning, briefly reviewed the Objections, Recommendations and Comments (ORC) Report issued by the Department of Community Affairs with respect to Comprehensive Plan Amendment 2000-1. In summary, the objections involved internal consistency within the Comprehen- sive Plan, and the need for additional data and analysis to support the Future Land Use Map changes proposed within the Lindell/Federal Redevelopment Plan Area #6. The internal consis- tency is achieved with the adoption of the Future Land Use Map amendment outlined in the Redevelopment Plan (Ordinance No. 24-00) and the data and analysis concern was addressed through a traffic study showing a reduced traffic impact with the adoption of the FLUM designation outlined in the Redevelopment Plan. A public hearing was held having been legally adver- tised 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 audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 9-00 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. -16- 09/19/00 10.F. ORDINANCE NO. 24-00: Future Land Use Map amendments from RDA #6 to GC (General Commercial) in conjunction with the adoption of the Lindell/Federal Highway Redevelopment Plan. 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. 24-00: AN'ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION IN THE COMPREHENSIVE PLAN FROM REDEVELOPMENT AREA #6 TO GC (GENERAL COMMERCIAL) FOR TWO PAR- CELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, IN CONJUNCTION WITH THE ADOPTION OF THE LINDELL BOULEVARD/FEDERAL HIGHWAY REDE- VELOPMENT PLAN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-00 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Acting Director of Planning and Zoning, stated that the subject Future Land Use Map amendments are those that were required by the Objections, Recommendations and Com- ments (ORC) Report from the Department of Community Affairs with respect to Comprehensive Plan Amendment 2000-1. A public hearing was held having been legally adver- tised 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 audience who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 24-00 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.F.1. CONDITIONAL USE REOUEST/WATERWAY VILLAGE: Consider a request for conditional use approval to allow a proposed 166 unit multi-family development (Waterway Village) to be located within a mixed use development at the southwest corner of Lin- dell Boulevard and South Federal Highway. QUASI-JUDICIAL PRO- CEEDING -17- 09/19/00 The City Attorney stated that this item would be conducted as a quasi-judicial proceeding which allows for presen- tations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Acting Director of Planning and Zoning, entered the project file into the record. He stated that the conditional use request involves the establishment of a mixed use residential/retail/office development with a proposed densi- ty of 14.31 units per acre. Conditional use approval is re- quired for the multi-family component of the development propos- al. Mr. Dorling noted that the proposal includes some off-site improvements which are addressed as conditions of approval, and that the proposal also includes the removal of two billboard signs located at the south end of the property. The Planning and Zoning Board considered the request at a public hearing on May 22, 2000, and voted 6 to 0 to recommend approval of the conditional use request to allow a density of 14.31 dwelling units per acre within the PC zone district for Waterway Village, based upon positive findings with respect to LDR Section 4.4.6(I) (Performance Standards for Density), Redevelopment Area No. 6 (Criteria), Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, and subject to the list of conditions attached to the staff report as Exhibit "A". Mr. Dorling further stated that the applicant had recently expressed some concern with the off-site improvements. Since the off-site improvements were considered by the Planning and Zoning Board in their deliberations to make positive find- ings, Mr. Dorling felt it was imperative that they be carried forward as conditions of approval. In addition, Mr. Dorling stated that he wished to recommend another of condition of approval that prior to the issuance of building permits, the executed agreements relating to improvements on adjacent proper- ties be provided to the City. Jose Aquila, architect with Currie Partnership, spoke on behalf of the applicant. Mr. Aguila stated that the appli- cant was in general agreement with all of the conditions that are imposed on the project, but felt that conditions ~8 and ~9 dealing with the off-site improvements required clarification. He stated that the properties in question are the Orange Royal business located on Federal Highway to the south of the Waterway Village site and three properties located on Old Dixie Highway adjacent to the northwest portion of the project site. The applicant does not own or control these properties, but has committed to facilitate certain improvements to them. -18- 09/19/00 With respect to the Orange Royal site, Mr. Aguila stated that the applicant has agreed to reseal the existing parking lot, to provide at least eight (8) and possibly as many as twelve (12) new parking spaces at the north end of the Orange Royal property, restripe the parking, install wheel stops and provide some trees and hedges along Federal Highway consistent with the landscaping to be provided for Waterway Village. The difference is that when the original plan was presented to the Planning and Zoning Board, seventeen (17) new parking spaces were shown at the north end of the Orange Royal site. Since then, after providing for necessary drainage, that number has been reduced to eight (8), although the applicant would try to stretch that to twelve (12) new parking spaces. With respect to the Dixie Highway properties, Mr. Aguila stated that the southernmost of the three is owned by a gentleman who cannot be contacted. Staff recognizes that the applicant has done everything possible to try to make this contact but it is virtually impossible to do, and so the appli- cant is precluded from doing anything to that parcel. The middle property is the convenience store which is a non-conform- ing building. The applicant has agreed to do some facade im- provements and provide some landscaping. The third parcel is the existing nursery where the problem is that pretty much any improvement would have caused a back-out parking situation which could not be supported by staff. Due to the constraints on this site, the applicant and the nursery owner have yet to reach a reasonable agreement on what can and cannot be done to improve the nursery site. At this point, Mayor Schmidt opened the proceeding for public comment. Speaking from the audience was the following: Scott Frank, owner of Orange Royal, stated that he had only recently been contacted by the applicant about reaching some sort of an agreement on improvements. He felt that the applicant was reneging somewhat on what they had said they were going to do when the application was before the Planning and Zoning Board. As far as he was concerned, there was no agree- ment between him and the applicant. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. A lengthy discussion ensued with respect to the off- site improvements. Mayor Schmidt stated that he did not feel this was the proper forum for the applicant and the adjacent property owner to debate what improvements might be made, and suggested that it might be necessary for the Commission to considering deferring action on the request until these issues were resolved. Mr. Aguila explained that the applicant was scheduled to close on the property the following Monday (Septem- ber 25th) and that any delay would adversely impact the appli- cant's ability to move forward with the project. -19- 09/19/00 At this point, the City Attorney requested clarifica- tion from the Acting Director of Planning and Zoning as to the recommended conditions of approval for the Waterway Village project. Mr. Dorling stated that the recommended conditions of approval are as follows: (1) That the applicant shall redesign the canal access feature if access is granted by the South Florida Water Management District, which can be reviewed as part of the site plan review process; (2) That the applicant shall construct a right turn lane, pursuant to FDOT standards, on southbound Federal Highway to accommodate traffic turning west onto Lindell Boulevard; (3) That the applicant shall install pavement to accommodate 24 feet of pavement width on both eastbound and westbound Lindell Boulevard between the project's Lindell Boule- vard entrance and Federal Highway; (4) That the applicant shall repave the two travel lanes (one eastbound and one westbound) from Federal Highway to the project's Lindell Boulevard entrance, which are to be used as a left turn lane into the project, and for eastbound Lindell Boulevard/northbound Federal Highway; (5) That the applicant shall install striping, stop bars, direction arrows, etc. for the four lanes of Lindell Boulevard between the project's Lindell Boulevard entrance and Federal Highway; (6) That the applicant shall install improvements to the Lindell Boulevard median between Dixie Highway and Federal Highway to include landscaping, curbing, irrigation, etc. as noted on the improvement plans submitted with the conditional use request; (7) That the conceptual plan shall be revised to correctly note the proposed density as 14.31 dwelling units per acre; (8) That the off-site improvement plan be revised to provide an off-street parking area in accordance with LDR Sec- tion 4.6.9; (9) That the applicant shall be responsible for the improvements to the adjacent properties and that these improve- ments are completed prior to release of the first Certificate of Occupancy for the project; (10) That the two billboards shall be removed within sixty (60) days of the start of construction; -20- 09/19/00 (11) That the applicant shall submit a minimum of three design options for the "Welcome to Delray" sign and re- ceive approval by the City Commission prior to issuance of a building permit. The applicant shall be responsible for the installation of this signage. The plat shall include a sign tract dedicated to the City for maintenance access purposes; (12) That a cross access easement shall be provided across the Walgreen's property for access by the residential development; (13) That a site plan be submitted that is in general conformance with the sketch plan and address the concerns and technical items contained within the staff report; (14) That a mix of shade and Royal Palm trees be provided along Lindell Boulevard and Federal Highway; and (15) That prior to the issuance of building permits, the executed agreements relating to improvements on adjacent properties be provided to the City. Mrs. Archer moved to approve the conditional use request to allow a density of 14.31 dwelling units per acre within the PC zoning district for Waterway Village, based upon the positive findings adopted by the Planning and Zoning Board and subject to the fourteen (14) recommended conditions of approval plus the additional (fifteenth) condition of approval recommended by the Acting Director of Planning and Zoning. The motion was seconded by Mr. Schwartz. Upon further discussion, it was the consensus of the Commission to table the conditional use request to allow the applicant, the adjacent property owner and staff to develop a list of off-site improvements that the applicant would incorpo- rate into the development plans, including a minimum of twelve (12) parking spaces at the north end of the Orange Royal site. The Commission then moved to Item 10.G., Ordinance No. 25-00. 10.G. ORDINANCE NO. 25-00: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for an increase in residential and commercial collection service rates for FY 2001. 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. 25-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING C~APTER 51, "GARBAGE AND TRASH", OF THE CODE -21- 09/19/00 OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDEN- TIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2001; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (T~e official copy of Ordinance No. 25-00 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. The City Manager stated that under our contract with BFI for solid waste collection services, they are entitled to a Consumer Price Index adjustment in the charges that they levy for collection of solid waste. It has been the City's practice in the past to pass these increases through to our customers. The FY 2001 adjustment represents about a 3% increase in our rates. Mayor Schmidt declared the public Speaking from the audience was the following: hearing open. Henry Williams, 310 N.W. 3rd Avenue, questioned why BFI was getting an increase when it is the same company that the City has been having problems with? Mayor Schmidt replied that the increase is not discretionary on the City's part, but is contractual. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Schwartz moved to approve Ordinance No. 25-00 on Second and FINAL Reading, seconded by Mr. Perlman. Prior to roll call, Ms. McCarthy acknowledged the concerns about the increase in rates and about the complaints that have been received about BFI's performance. Whatever company the City decides to contract with next for this service, she felt that any increases ought to be attached to performance instead of having automatic raises. That way, if a company is not going to do the job, they will not be rewarded for bad behavior. Upon roll call the Commission voted as follows: Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -22- 09/19/00 10.H. ORDINANCE NO. 17-00: An ordinance amending Chapter 36, "Pinance; City Property Transactions", Subheadings "City Purchasing" and "Change Orders and Contract Modifications", to provide for a streamlined procedure for purchases under $1,000.00, to add electronic bids/quotes for purchases under $6,000.00, to provide for changes in the City's purchasing limits and to correct certain titles. 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. 17-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSAC- TIONS'', SUBHEADING "CITY PURCHASING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 36.02, "ACQUISI- TION OF PERSONAL PROPERTY, SUPPLIES OR CONTRACTUAL SERVICES"; BY AMENDING SECTION 36.03, "VARIANCES BETWEEN THE BID/QUOTE AND ACQUISITION PRICE"; BY AMENDING SECTION 36.05, "BIDDING PROCEDURES", SUBSECTION (C); BY AMENDING SECTION 36.08, "EMERGENCY PUR- CHASES''; AMENDING SUBHEADING "CHANGE ORDERS AND CONTRACT MODIFICATIONS" BY AMENDING SECTION 36.12, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; NONCONSTRUCTION"; BY AMENDING SECTION 36.13, "CHANGE ORDERS OR CONTRACT MODIFICATIONS; CONSTRUCTION CONTRACTS", TO PROVIDE FOR A STREAMLINED PROCEDURE FOR PURCHASES UNDER $1,000.00, TO ADD ELECTRONIC BIDS/QUOTES FOR PURCHASES UNDER $6,000.00, TO PROVIDE FOR CHANGES IN THE CITY'S PURCHAS- ING LIMITS AND TO CORRECT CERTAIN TITLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEAL- ER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-00 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 audience who wished to speak on this item, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 17-00 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor -23- 09/19/00 Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission returned 10.F.1., Conditional Use Request for Waterway Village. to Item Mr. Aguila, architect representing the applicant, stated that the following agreement had been reached. The improvements that will be done by the applicant to the Orange Royal property include resealing and restriping the existing parking lot, provide twelve (12) new parking spaces to the north of the existing asphalt with striping and wheel stops, provide ten (10) trees along Federal Highway that will be a mix of Royal Palms and something else as will be done for the Waterway Vil- lage project so there will be landscape consistency, and provide a hedge along Federal Highway. Mr. Aguila stated that other than going from 17 spaces to 12 parking spaces on the north side of Orange Royal, the improvements stipulated to by the applicant are what were represented to the Planning and Zoning Board and relied upon by that board in making their recommendation to the City Commission. On the Dixie Highway side, Mr. Aguila stated that the applicant can only deal with the convenience store and the nursery site (i.e. the two northernmost properties). The south- ernmost parcel cannot be addressed as the applicant cannot get access to the owner. With respect to the convenience store, Mr. Aguila stated that the applicant agrees to install landscape improvements as shown on the sketch provided to the Acting Director of Planning and Zoning, facade improvements to the Dixie Highway elevation, and reseal and restripe the parking lot. Mr. Aguila stated that the property owner has agreed to and will allow these improvements to be done to his property. With respect to the nursery site, Mr. Aguila stated that he was not sure how much asphalt exists, but wherever there is asphalt it will be resealed and restriped, and landscape improvements installed as presented to the Planning and Zoning Board and as shown on the sketch plan. On question from Mayor Schmidt, Mr. Frank (owner of Orange Royal) stated that he had discussed the improvements set forth by Mr. Aguila and was comfortable with what was proposed. Mrs. Archer amended her motion to include the list of off-site improvements as read into the record by Mr. Aguila on behalf of the applicant. Mr. Schwartz amended his second. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Prior to adjournment, Mayor Schmidt asked if there were any additional comments from either the public or the dais? -24- 09/19/00 Mrs. Archer asked that when the RFP is prepared for garbage and trash collection, a request for participation by the vendor in various community events be included as a part of the package. The City Manager commented that this is normally done as part of the RFP. There being no further business, adjourned by Mayor Schmidt at 8:35 p.m. the meeting was City C~rk Y 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 City Commission meeting held on September 19, 2000, which minutes were formally approved and adopted by the City Commis- sion on O~r~ /7 ~ - flty'Cl-e~k - --r NOTE TO READER: If the minutes you have received are not com- pleted 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. -25- 09/19/00