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01-02-01JANUARY 2~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, January 2, 2001. 1. Roll call showed: Present - Commissioner Patricia Archer (arrived 6:10 p.m.) 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 o Delray Beach. The opening prayer was delivered by Reverend Nancy Norman, Unity Church of The Pledge of Allegiance to the flag of the United States of America was given. Agenda Approval. Mayor Schmidt noted that an additional application had been placed on the dais for consideration by the Commission regarding Item 9.K., Appointments to the Code Enforcement Board. The City Manager asked that Item 8.J. on the consent agenda (Munroe v. City of Delray Beach and Sgt. Robert Bradley) be moved to the regular agenda as Item 9.AA. Several members of the Commission had questions on the item and he felt it best that it be considered on the regular agenda to address those questions. Mr. Schwartz moved to approve the agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: None o PROCLAMATIONS: Mayor Schmidt read and presented a proclamation in recognition of January 15, 2001 as Martin Luther King, Jr. Day in the City of Delray Beach. Mrs. Lily Strainge came forward to accept the proclamation. Mrs. Strainge expressed her appreciation to the City Commission for their support of Martin Luther King, Jr. Day and the activities associated with it's celebration. She reviewed the activities planned for the holiday weekend, culminating with a Memorial March on Monday, January 15th, at 1:30 p.m. beginning at the Community Center and ending at Pompey Park, followed by a birthday celebration in the auditorium. Mrs. Strainge looked forward to everyone's participation in this observance. (Commissioner Archer arrived at the meeting, the time being 6:10 p.m.) o PRESENTATIONS: None go CONSENT AGENDA: (City Manager recommends approval) 8.A. RESOLUTION NO. 1-01: Approve a resolution setting a public hearing date of February 20, 2001, for consideration of the Pineapple Grove Entrance Special Assessment District final assessment roll. The caption of Resolution No. 1-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEAR1NG CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 1-01 is on file in the City Clerk's Office). 8.B. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/WATERWAY VILLAGE: Authorize the City to act as the utility permit applicant for the construction of a sanitary force main within state right-of-way (Federal Highway) and approve a hold harmless agreement wherein the developer agrees to hold the City harmless for work performed by the developer in the state right-of-way, associated with the Waterway Village mixed use development to be located at the southwest corner of South Federal Highway and Lindell Boulevard. 8.C. ACCEPTANCE OF EASEMENT DEED/THE ENCLAVE P.U.D.: Approve and accept an easement deed from Home Development Corporation of South Florida granting to the City utility easements for the maintenance of water and sewer mains constructed by the developer for The Enclave P.U.D., a multiple family development located on the south side of West Atlantic Avenue, approximately 2,000 feet west of Military Trail in unincorporated Palm Beach County. The City Commission approved a water service agreement for this project on December 8, 1998. 8ono INTERLOCAL AGREEMENT WITH SOLID WASTE AUTHORITY FOR LIME SLUDGE RECYCLING: Approve an interlocal government agreement between the City and the Solid Waste Authority for the purchase of recycled lime and the disposal of lime sludge. This agreement will reduce our annual budget for lime purchase and sludge disposal from $560,000/year to $354,000/year, for a savings of $206,000. -2- 01-02-01 8oto MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among Palm Beach County law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and provides for the rendering of assistance in a law enforcement emergency. 8oFo FUNDING AGREEMENT FOR ODABACHIAN PROPERTY/PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM: Approve a project agreement between the City and the Palm Beach County Florida Boating Improvement Program (FBIP) for funding in the amount of $70,000 from FBIP to assist with the purchase of the Odabachian property by the City of Delray Beach for a new boat ramp park. 8.G. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $19,000.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the l l6th homeownership assistance grant provided through the program to-date. 8oHo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 1 lth through December 29, 2000. g.I. AWARD OF BIDS AND CONTRACTS: Bid award in the approximate amount of $20,874.00 to Diana Food Group for the out-of-school program snack bid, with funding from 115-2122-521-52.20 (Weed & Seed Grant -General Operating Supplies). Purchase award in the amount of $17,249.00 to Compaq Computer Corporation, via State of Florida contract, for the purchase of a Compaq network server computer to replace the existing main network server that is running at 95% capacity. Funding is available from 334-6112-519-64.11 (General Capital R&R - Computer Equipment). 3 Bid award at an estimated annual cost of $16,500.00 to USA Charter as primary contractor and to Blackwell's Tractor Services as secondary (backup) contractor for Code Enforcement nuisance abatement (lot clearing and mowing), with funding from 001-2741-524-34.30 (Code Enforcement - Lot Mowing/Clearing) go Jo MUNROE V. CITY OF DELRAY BEACH AND SGT. ROBERT BRADLEY: This item was moved to the regular agenda as Item 9.AA. 01-02-01 Mr. Perlman moved to approve the consent agenda as amended, 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. o REGULAR AGENDA: 9.AA. MUNROE V. CITY OF DELRAY BEACH AND SGT. ROBERT BRADLEY: Approve the appointment of outside counsel in the referenced matter and deny the offer to settle the case as recommended by the City Attorney. The City Attorney stated that this case is against the City and Sgt. Bradley. Up to this time, the City Attorney's has represented both parties. However, the case has reached a point where there is a conflict due to certain allegations in the complaint that were not dismissed so the recommendation is for approval of the appointment of outside counsel for the employee. The City Attorney further stated that another letter of offer of settlement for $100,000 has been received from the Plaintiff. There was previously an offer of judgment, also for $100,000, that the City Commission denied in September of 2000. The City Attorney's office continues to recommend denial of the offer to settle the case in the amount of $100,000. Mr. Schwartz moved to approve the appointment of outside counsel as recommended by the City Attorney. 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. Mrs. Archer moved to DENY the offer to settle the case as recommended by the City Attorney, 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. 9oao CONDITIONAL USE MODIFICATION/COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider a request for conditional use modification to allow the expansion of the existing Community Primitive Baptist Church. The subject property is located north of Atlantic Avenue between N.W. 10th Avenue and N.W. 1 lth Avenue, and is zoned R-1-A (Single Family Residential) District. QUASI-JUDICIAL PROCEEDING This being a quasi-judicial proceeding, Mayor Schmidt asked the members of the Commission to disclose any ex parte contact concerning the application. No member of the Commission had any ex parte contact to disclose on the application. The City Attorney stated this item would be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. -4- 01-02-01 Paul Dorling, Director of Planning and Zoning, entered the project file into the record. He stated that the conditional use modification involves the expansion of an existing church (1,610 square feet) with a 2,819 square foot addition, for a total of 4,429 square feet. The expansion would increase the seating capacity from 48 seats to 113 seats and provide for a new Fellowship Hall and restrooms. The exterior improvements will include the paving of a lot to the east as well as the reconfiguration of the existing parking lot, to provide a total of thirty (30) parking spaces. The Planning and Zoning Board considered this application at a public hearing held on December 18, 2000. There was no public comment; however, the Board discussed the technical need for the church to provide an additional eight (8) parking spaces to accommodate the proposed 113 seats. This could be accommodated by reconfiguration of the parking lot design and reducing the size of the Fellowship Hall, and this was attached as a condition of the Planning and Zoning Board's recommendation for approval. The Planning and Zoning Board voted 4 to 1 (Mr. Bird dissenting) to recommend approval of the conditional use modification, subject to conditions and based upon positive findings with respect to 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. The dissenting vote was based on concerns that the alley abandonment should precede the conditional use modification approval to assure that the abandonment would not adversely affect the redevelopment of the adjacent vacant properties. The recommended conditions of approval are as follows: · That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained in the Planning and Zoning Board Staff Report as Appendix A; · That the seating within the sanctuary shall be reduced commensurate with the number of on-site parking spaces provided; · That the site plan shall note the pervious/impervious calculations; · That an application for alley abandonment be submitted and approved for the north/south alley; and · That a photometric plan be submitted in accordance with the requirements of LDR Section 4.6.8. The location of light poles shall be noted on the landscape plan. At this point, Mayor Schmidt opened the proceeding for public comment. There being no one from the audience who, having been duly sworn, wished to speak on this item, the public hearing was closed. Mayor Schmidt asked if staff had discussed the recommended conditions of approval with the applicant? Mr. Dorling responded that the applicant had agreed, on the record, to the recommended conditions of approval at the Planning and Zoning Board hearing on December 18, 2000. Mayor Schmidt then asked about the alley abandonment preceding the conditional use modification approval? Mr. Dorling responded that the condition of approval is that if the alley segment to the north is not abandoned, then the conditional use modification approval would not be valid. The alley abandonment was discussed by the Development Services Management Group (DSMG) and it was the consensus of that group that this approach would be acceptable. Mrs. Archer moved to approve the conditional use modification request for the Community Primitive Baptist Church subject to the conditions and based upon the findings 01-02-01 recommended by the Planning and Zoning Board. The motion was 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. 9.B. CONDITIONAL USE REQUEST/MURPHY OIL GAS STATION: Consider a request for conditional use approval to allow the construction of a new gasoline station on Parcel "C" of the Wal-Mart Plaza development site. The subject property is located on the west side of Military Trail, approximately 600 feet south of Linton Boulevard, and is zoned PC (Planned Commercial) District. QUASI-JUDICIAL PROCEEDING Mayor Schmidt asked for the disclosure of any ex parte contact by any Commission member with respect to the pending application. Each Commission member disclosed for the record his or her ex parte contacts concerning the application. The City Attorney stated this item would be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the project file into the record. He stated that the conditional use request is to construct a gasoline station on the out-parcel at the Wal-Mart site located on the west side of Military Trail, just south of Linton Boulevard. The station will contain a 208 sq.ft, kiosk and eight (8) double-sided fuel pumps (16 dispensers) under a 6,125 square foot canopy. In a related action, Mr. Dorling noted that the Board of Adjustment granted a variance to the minimum 6,000 sq.ft, building size required in the PC (Planned Commercial) zoning district on September 14, 2000. The perimeter landscaping for the subject parcel was originally installed when the Wal-Mart was built and is well established. The Planning and Zoning Board considered the conditional use request at a public hearing on December 18, 2000. Two members of the public expressed concern about the proposed gasoline station, one with respect to the traffic generation rates and the other, a Country Lake resident, with respect to the adverse smell of vented gas fumes on the residential subdivision. Mr. Dorling noted that the Country Lake development is some 600 feet away from the proposed gasoline station. After discussion, the Planning and Zoning Board voted 5 to 0 to recommend that the conditional use be approved based upon positive findings with respect to 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 following conditions: · That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained in the Planning and Zoning Board Staff Report as Appendix "A"; · That the vehicular circulation area be redesigned to relocate the storage tanks to the west side of the canopy and reduce the paved area on the east side. The existing landscaping along the east side of the property shall remain; · That a photometric plan be submitted in accordance with LDR Section 4.6.8. The photometric plan shall indicate that the canopy lighting is recessed so that they are not visible from adjacent properties; · That the site plan be revised to note the location of the vents for the underground storage tanks; · That outside vending machines be prohibited on the site; and 01-02-01 · That a confirmation letter be provided from Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Speaking on behalf of the applicant, Wal-Mart Stores East, Inc., was Todd Pressman who stated that staff had reviewed the project very carefully and determined that it meets all of the required criteria. In addition, the Planning and Zoning Board considered the application and, based upon positive findings, recommended that it be approved subject to the outlined conditions which Murphy Oil agrees to comply with. Mr. Pressman clarified that the use involves gasoline sales only; there is no car wash, there is no convenience store aspect. There will be just a small kiosk for minor items and gasoline sales. Mr. Pressman stated that he would be happy to answer any questions. At this point, Mayor Schmidt opened the proceeding for public comment. There being no one who, having been duly sworn, wished to speak on this item, the public hearing was closed. Mayor Schmidt asked if the confirmation letter from the Palm Beach County Traffic Division had been received? Mr. Dorling stated that he had seen the original letter from the County confirming that concurrency is met at the Planning and Zoning Board hearing and would make sure that a copy was on file in the record. On question from Mayor Schmidt as to access for the gas station, Mr. Pressman stated that ingress to the site will be from the existing driveway to Wal-Mart off of Military Trail. There is a traffic signal at the Wal-Mart access/Military Trail intersection. Commissioner Archer commented that she was pleased to see this type of development go in at this location, where there is no additional access to Military Trail. On question from Commissioner Schwartz as to why a variance was needed, Mr. Dorling explained that the Land Development Regulations require a minimum 6,000 sq.ft, building in the Planned Commercial zoning district. With this particular development, the actual kiosk building will only be 208 square feet, although the canopy under which the gas pumps will be located will be 6,125 sq.ft. Staff could not technically recognize the canopy area as building space; hence, a variance was required to reduce the required minimum floor area to 208 square feet. The Board of Adjustment approved this variance on September 14, 2000. Commissioner Schwartz further commented that he was somewhat concerned about the additional traffic that will be generated by this development. There is a traffic signal at the Wal- Mart ingress/egress; nonetheless, it is an extremely busy area and the traffic gets backed up substantially, both on Military Trail going north and south, and for vehicles waiting to make a left turn out of the Wal-Mart center. In response, Mr. Pressman noted that a traffic study had been submitted and reviewed by staff. It was determined that there is adequate capacity on the surrounding roadways to accommodate the additional trips that will be generated. Mr. Pressman continued that a good number of the trips generated are "capture" trips, not new trips generated by the gas station as a destination. On question from Commissioner Archer on the anticipated hours of operation, Mr. Pressman stated that the hours of operation will mirror the Wal-Mart operation. 01-02-01 Mrs. Archer moved to approve the conditional use request for Murphy Oil Gas Station subject to the conditions and based upon the findings recommended by the Planning and Zoning Board. The motion was 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. 9oCo INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE BACKROOM PROPERTY: Consider approval of an interlocal agreement between the City and the Community Redevelopment Agency to provide for the City's participation in the transaction for the acquisition of the Backroom property by the CRA. Diane Dominguez, Executive Director of the Community Redevelopment Agency, stated that the CRA is under contract to purchase the Backroom lounge on West Atlantic Avenue. The purchase price is $580,000. The request is for the City to participate in this purchase by contributing $100,000 toward that price. Ms. Dominguez stated that, while not thrilled with the price, the Backroom has been something of a hardship for residents in the area and the CRA feels strongly that the purchase is necessary to move forward with redevelopment activities along West Atlantic Avenue. She noted that the agreement does provide that the City would be reimbursed a pro rata amount of the $100,000 based on the percentage of the gross sales price received by the CRA in a subsequent sale or transfer of the property (including land, real property, the business and the alcohol beverage license). Mayor Schmidt stated that he supported the request, but felt that if the City was being asked to share in any loss, then it should also share in any gain, and that the return not be capped at $100,000. If the property were ultimately to sell for more than $580,000, then the City would receive a pro rata share of the actual selling price. Commissioner McCarthy asked if there was any provision in the West Atlantic Redevelopment Plan for any type of entertainment to be in place, not that the Backroom would be replaced, but if consideration had been given to this issue? Ms. Dominguez stated there is nothing in the plan that specifically addresses entertainment other than to talk in general terms of the development pattern and uses that are similar to what exists on East Atlantic Avenue being carried over onto West Atlantic Avenue. The goal is for the same type of pedestrian-oriented activity that presumably would include things like restaurants and possibly clubs, but there is no specific provision that says that an entertainment area needs to be provided. Ms. Dominguez suggested that this is something that could be looked at as part of the MacArthur Grant process for the entire business district plan. She cautioned, however, that when there is the close proximity that exists on West Atlantic Avenue between commercial and residential uses, it is something that has to be looked at very carefully. She cited the complaints that have been received about City Limits on East Atlantic Avenue from neighborhoods that are a couple of blocks away, so the impact on the residential area on West Atlantic Avenue would have to be looked at very carefully because of the close proximity of single family homes and apartments within the first block off of the avenue. For the record, Commissioner McCarthy stated that she would like the West Atlantic Redevelopment Coalition and the business people along that portion of the avenue to be made 01-02-01 aware of these comments and that this issue be brought back to them. She would like the Planning and Zoning Board and the Community Redevelopment Agency to look at the 300 foot commercial strip that is in place at this time because it may be possible and probable that we may need to go back more than 300 feet. Another thing that was brought to light during earlier discussions was the fact that at the time the Backroom building was built, clubs were using disc jockeys and not the sophisticated sound systems that are available today. The acoustic system and the insulation in the Backroom building are probably outdated to accommodate the needs of entertainment and sound systems of today. Another thought that was expressed at that time was instead of eliminating entertainment completely, seeing that the goal is to compliment things that are happening on East Atlantic Avenue, it is quite possible that there may be interest in a sports bar type of facility so that people who have used this area for their entertainment do not feel slighted and feel that they now have to go elsewhere. Commissioner McCarthy felt that these might be some ways to help resolve some of the aversion that people have to the potential sound impact. She asked that these things be kept in mind as redevelopment moves forward and Request for Proposals (RFPs) come out. Mr. Perlman moved to approve the interlocal agreement between the City and the Community Redevelopment Agency with the caveat that it be amended to provide that the City will share in either the loss or the profit, pro rata, on the sale of the property. The motion was 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. 9oDo AGREEMENT WITH PALM BEACH COUNTY FOR FUNDING OF TENNIS CENTER IMPROVEMENTS: Consider approval of an agreement between the City and Palm Beach County that provides for reimbursement to the City from the County in an amount not to exceed $150,000 to offset costs paid for improvements to the Tennis Center. The City Manager stated that at the time the two new hard surface tennis courts were built, Palm Beach County agreed that they would fund up to $150,000 toward that construction. The subject agreement sets forth how that funding is to be obtained. The City Attorney commented that she is working with Palm Beach County in an effort to delete from the agreement the last sentence in paragraph 9 which reads, "Further, Delray Beach shall not transfer management of the project to a third party without the written consent of the County." In this regard, Mrs. Ruby asked that any approval by the Commission include allowing her the opportunity to pursue negotiations with the County to either delete the sentence or perhaps modify it to provide that the City need only provide notification to the County as opposed to obtaining consent. Mrs. Archer moved to approve the agreement between Palm Beach County and the City for the funding of Delray Beach tennis court improvements, with the ability for the City Attorney to delete or modify the last sentence in paragraph 9 of the agreement as outlined above. The motion was seconded by Mr. Schwartz. 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. 9.E. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the January 25, 2001 Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, and specified overtime costs. 01-02-01 Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request for the January 25th Art & Jazz event as outlined in his memorandum, contingent on receipt of an updated certificate of insurance. Mr. Perlman moved to approve the special event request as recommended by staff for the January 25, 2001 Art & Jazz on the Avenue. The motion was seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUEST/FOURTH ANNUAL BED RACE: Consider a request for special event approval for the Fourth Annual Bed Race to be held on March 3, 2001, including temporary use permits for street closures, staff support, a waiver to allow event signage more than one week in advance, use of City stages at no charge, and waiver of overtime costs. Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request for the Fourth Annual Bed Race as outlined in his memorandum, contingent on the sponsor providing the required liability insurance and hold harmless agreement. Mr. Schwartz moved to approve the special event request as recommended by staff for the Fourth Annual Bed Race. The motion was 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. 9oGo PROFESSIONAL SERVICES AGREEMENT/TREASURE COAST REGIONAL PLANNING COUNCIL (MacARTHUR GRANT/DOWNTOWN BUSINESS DISTRICT PLAN): Consider approval of an agreement with the Treasure Coast Regional Planning Council for professional services relating to the MacArthur Grant/Downtown Business District Plan. Paul Dorling, Director of Planning and Zoning, stated that the agreement provides for the Treasure Coast Regional Planning Council to conduct the formal charrette. The amount of $60,000 is what was allocated through the MacArthur Grant to fund the charrette process. The City Manager noted that this charrette will not conflict with the Visions 2010 process which will be held the third weekend in May. Mr. Perlman moved to approve the professional services agreement with the Treasure Coast Regional Planning Council for the MacArthur Grant Downtown Business District Plan. The motion was 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. 9.H. RESOLUTION NO. 2-01: Consider approval of a resolution authorizing the City to purchase a parcel of land located at Tract O, Tropic Palms Plat 1, from Walter & Georgine Hahn for the purpose of providing a drainage detention pond. The subject property is located just west of the F.E.C. Railroad between Lindell Boulevard and the Leon M. Weekes Environmental Preserve. The City Manager presented Resolution No. 2-01: - 10 - 01-02-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, DESCRIBED AS TRACT O, TROPIC PALMS PLAT 1, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH PROPERTY IS LOCATED JUST WEST OF THE F.E.C. RAILROAD BETWEEN LINDELL BOULEVARD AND THE LEON M. WEEKES ENVIRONMENTAL PRESERVE, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND WALTER & GEORG1NE T. HAHN. (The official copy of Resolution No. 2-01 is on file in the City Clerk's Office). Assistant City Attorney Brian Shutt stated that the City proposes to purchase the property for $85,000.00 and that it will be used for the construction of drainage improvements in Lindell Boulevard/Albatross Road area. Mr. Shutt noted that there is a right of first refusal provision in the contract for the seller for a period of fifteen (15) years. (Ms. McCarthy left the room at this time.) The City Manager commented that this land purchase is necessary as part of the City's overall infrastructure and drainage improvements program. Mr. Schwartz moved to approve Resolution No. 2-01, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. (Ms. McCarthy returned to the dais.) 9.1. PALM BEACH COUNTY DAY SPONSORSHIP: Determine if there is interest in participating as a sponsor for Palm Beach County Day to be held in Tallahassee over the period of March 6-8, 2001. Upon discussion, Commissioner Archer, Commissioner McCarthy and Mayor Schmidt indicated that they would all be interested in attending Palm Beach County Day in Tallahassee. Mr. Schwartz moved to approve participation as a Municipal/Non-Profit sponsor for Palm Beach County Day in the amount of $300.00, 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. - 11 - 01-02-01 9.J. CONTRACT ADDITION (C.O. #1)/TELCON, INC. (VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS): Consider approval of a contract addition (C.G. #1) in the amount of $69,119.00 and a ninety (90) calendar day time extension with Telcon, Inc. to include the replacement of deteriorated water mains under the Venetian Drive Infrastructure Improvements contract. Randal Krejcarek, City Engineer, explained the scope and necessity of the additional work to be performed. In addition to upgrading deteriorated water main lines on Ingraham Avenue and a portion of Venetian Drive, the contract addition also includes a ninety (90) calendar day extension for the project. On question from Mayor Schmidt, Mr. Krejcarek stated that with the time extension, the estimated completion date for the project would be pushed back to May, 2001. Mr. Krejcarek also noted that the contract addition allows for the construction across Atlantic Avenue not to take place until after the Delray Affair. On question from Commissioner McCarthy as to how the residents will be notified about the extended length of time, Mr. Krej carek stated that notification would be provided through both the Chamber of Commerce to area businesses as well as to residents through the Beach Property Owners Association. Mr. Perlman moved to approve the contract addition (C.G. #1) with Telcon, Inc. under the Venetian Drive Infrastructure Improvements contract, 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.K. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three regular members and one alternate member to the Code Enforcement Board for three year terms ending January 14, 2004. The appointments will be made by Mayor Schmidt (regular member/real estate), Commissioner Perlman (regular member/architect), Commissioner Archer (regular member/engineer), and Commissioner Schwartz (alternate member/real estate). Mayor Schmidt stated that he wished to reappoint Lynn Gardner to the Code Enforcement Board as a regular member (real estate person) for a three year term ending January 14, 2004. Mrs. Archer so moved, 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. Mr. Perlman moved to appoint Dwight Stephenson to the Code Enforcement Board as a regular member (architect position) for a three year term ending January 14, 2004. The motion was 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. Mrs. Archer moved to appoint Josh Smith, Jr. to the Code Enforcement Board as a regular member (engineer position) for a three year term ending January 14, 2004. 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 - 12 - 01-02-01 passed with a 5 to 0 vote. Mr. Schwartz moved to reappoint Anthony Veltri to the Code Enforcement Board as an alternate member for a three year term ending January 14, 2004. 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. 0oEo LUMP SUM BONUS PROVISION FOR GENERAL EMPLOYEES: Consider approval of a proposed change to the lump sum bonus provision for general employees (exempt and non-exempt). The City Manager stated that at the time the City Commission reestablished bonuses for topped out employees, it was limited to three percent. At the time (roughly 1994) that number was appropriate, but with today's tight labor market the Manager felt it was important to have the full five percent (5%) available. Hence, the recommendation is for a change in City policy to provide that a topped out employee who receives less than five percent would be eligible for a bonus payment of up to five percent. In addition, any such bonus amount would be paid at the time of the employee's annual performance review instead of having to wait until year end to receive the bonus payment. Mr. Schwartz moved to approve the lump sum bonus provision for general employees as recommended by the City Manager. 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. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 35-00 (SECOND READING/SECOND PUBLC HEARING): An ordinance amending the Land Development Regulations relative to Alcohol and Drug Abuse Treatment Facilities. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 35-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AS FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND "NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" TO CONFORM TO CHANGES IN THE FLORIDA - 13 - 01-02-01 STATUTES; AMENDING SECTION 4.3.3(D), "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", TO REFLECT CHANGES MADE TO THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY", AND TO PROVIDE SPACING REQUIREMENTS BETWEEN SCHOOLS AND OTHER ALCOHOL AND DRUG ABUSE TREATMENT FACILTIES; AMENDING SECTION 4.4.6 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RM ZONING DISTRICT; AMENDING SECTION 4.4.9 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE GC ZONING DISTRICT; AMENDING SECTION 4.4.13 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CBD ZONING DISTRICT; AMENDING SECTION 4.4.16 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE POD ZONING DISTRICT; AMENDING SECTION 4.4.17 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RO ZONING DISTRICT; AMENDING SECTION 4.4.21 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CF ZONING DISTRICT; AMENDING SECTION 4.4.24 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE OSSHAD ZONING DISTRICT; AMENDING SECTION 4.6.9 TO SPECIFY THE OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-00 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. (Commissioner Schwartz left the room at this time.) Paul Dorling, Director of Planning and Zoning, noted for the record that the Planning and Zoning Board considered the proposed text amendments at a public hearing on November 20, 2000, and voted 6 to 0 to recommend approval. 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. - 14- 01-02-01 Mrs. Archer moved to approve Ordinance No. 35-00 on Second and FINAL Reading. The motion was seconded by Mr. Perlman. Prior to roll call, Mr. Perlman commented that he had been assured by the City Attorney that if it turns out that the ordinance can be tightened up in the future, it can always be brought back to the City Commission for amendment. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 36-00: An ordinance amending Chapter 71, "Parking Regulations", of the City Code by amending Section 71.999, "Penalty", to revise the fees charged for parking violations. 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. 36-00: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 71.999, "PENALTY", TO REVISE THE FEES CHARGED FOR PARKING VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-00 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. 36-00 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. (Commissioner Schwartz returned to the dais.) 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. City Manager's response to prior public comments and inquiries. There were no responses to prior public comments and inquiries. - 15 - 01-02-01 11.B. From the Public. ll.B.1. Bruce Gimmy~ 439 East Atlantic Avenue~ spoke concerning the problem the downtown merchants have with the placement of the booths at the Delray Affair in the 100, 200 and the 400 blocks of Atlantic Avenue and in Pineapple Grove. Mr. Gimmy submitted for the record a copy of a letter dated April 24, 1998 from Mark Denkler, President of Vince Canning Shoes, to Bill Wood, Chamber President, which lauded the fact that by putting the booths in the center of the street in the 300 block of Atlantic Avenue, the 1998 Delray Affair was tremendously successful for the merchants in that block (a copy of which is attached hereto and made a part of these minutes). Mr. Gimmy stated that the current location of the booths with their backs to the merchants has a negative impact on business, and respectfully asked that the affected merchants have a say in how the booths are placed. He felt that the booths in the 100, 200 and 400 blocks and Pineapple Grove need to be in the center of the street to be pedestrian friendly, vendor friendly, and merchant and restaurant friendly. ll.B.2 Christie Campbell, owner of Beach Music at 424 East Atlantic Avenue, stated that she recently relocated her business to the 400 block from the 500 block. During her tenure in the 500 block, the Delray Affair represented the three busiest days of the year for her business. Having experience on both blocks now, she asked that the booths be relocated to the center of the street. She also suggested that the Delray Affair be extended over the bridge to the beachside and eventually west of Swinton Avenue if the traffic logistics can be worked out, as the merchants in these areas would benefit from the exposure. ll.B.3. Robert Brewer~ The Trellis Shop at 339 East Atlantic Avenue, commented that his is one of the fortunate blocks that got the booths moved to the center of the avenue which resulted in a significant increase in business because people can see the store. He felt it would be a decided advantage for the merchants to have the booths moved to the center of the street so that the businesses get the exposure as well. ll.B.4. Art Neiame~ Palm Beach Photographic Center~ also commented on the Delray Affair and the placement of the vendor booths. By having the booths face the center of the avenue, the stores behind them are cut off from all of the pedestrian traffic and it really kills business for those three days. He felt that the Delray Affair could be made user-friendly by facing the booths to the stores along the avenue so that all of the people who come downtown for the Affair will also be exposed to the businesses along the avenue. To do otherwise is alienating the merchants who pay the dues that support the Chamber who are not supporting the merchants. ll.B.5. Nancy Lierle~ Delray News & Tobacco (merchant on Atlantic Avenue), commented that her business is hurt severely from a financial standpoint for the three days of the Delray Affair. By putting the booths in the middle of the street, back to back so that they are facing the merchants, would be a help because it would give the merchants a little more exposure. The Delray Affair is good for the city and it is good for the Chamber of Commerce, but it has to be a two-way street. The merchants have to be helped also. ll.B.6. Nancy Goldberg~ owner of In Chocolate in the 400 block of East Atlantic Avenue~ stated that she has been through six Delray Affairs and last year it was her choice to close down her business. Ms. Goldberg stated that she worked on a Chamber committee to try to get them to change the way the booths are situated as well as some other issues, and while some - 16 - 01-02-01 changes were made in, the booths still remain the same. This is a very unfortunate situation because more and more merchants are going to close while all of these people are being brought downtown and the merchants are not getting any exposure. Ms. Goldberg asked for support from the Commission in working with the Chamber so that the Delray Affair is not only a good fundraiser for the Chamber, but is advantageous for the merchants as well. ll.B.7. Bob Chesla~ former business owner on East Atlantic Avenue, commented that the business owners were very happy when the 500 block changed the booths at the Delray Affair to the middle of the block. They had to fight to do it, but the difference was like night and day. Mr. Chesla asked that such a change be considered for the rest of the downtown area. It just makes sense to give the merchants more exposure and to expand the Delray Affair over the bridge to the beach. ll.B.8. Lou Waldmann, 298 Pineapple Grove Way, commented that those in Pineapple Grove feel, too, that consideration should be given to the negative impact that events such as the Delray Affair might have on the merchants in town. Mr. Waldmann suggested that the Mayor and the Commission and others who have interest should perhaps take a broader look at some of the concerns expressed tonight. ll.B.9. Keviu Warner~ 248 Venetian Drive, wished everyone a Happy New Year. The Beach Property Owners Association was delinquent in presenting Commissioner Perlman with a certificate for being guest speaker last month and he wanted to take the opportunity to thank Commissioner Perlman and present the certificate. ll.B.10. Gerry Franciosa~ 939 Eve Street~ on behalf of Tropic Isle Civic Association, commented that there have been some problems in his community with people putting up open house and garage sale signs on the weekends, and then other residents go around and take the signs down. Mr. Franciosa requested clarification as to what is or is not allowed by City ordinance with respect to these kinds of signs. He would like to include something in a future newsletter to let everyone know what the rules are. Mr. Franciosa then stated that there are some streets in Tropic Isle that are not paved, and there are more streets in other parts of town in the same condition. It was his understanding that there is an ordinance that all streets in Delray will be paved by a certain date. Mr. Franciosa asked where that ordinance was and what the date is? Mr. Franciosa then commented on the problem with vagrants at Veterans Park. He felt that this was a problem in that they seem to intimidate the boaters who go there. They want to tie up your boat for a tip and if you don't tip them, people are afraid to leave their boats. Mr. Franciosa stated that he had spoken with the Chief of Police who told him that there is nothing that can be done about it. There is no law against them being there, even if they are intoxicated. ll.B.11 Richard Van Gemert~ 912 Eve Street in Tropic Isle~ Vice President of the Tropic Isle Civic Association, commented on the problem his community has with advertising circulars from local newspapers. Each day there is anywhere from one to five of them lying in the driveway, and they are thrown all over the place. People within Tropic Isle have called the publications and asked to have their addresses taken off the listings, but are told that it can't be done. Mr. Van Gemert asked that the Commission review the existing laws and if it is appropriate consider the possibility of adopting an ordinance restricting the number of these things that can be distributed - 17 - 01-02-01 each month by each newspaper; perhaps one per newspaper per month would be adequate. Right now it is completely out of control and is creating a nuisance for the Tropic Isle residents. Mayor Schmidt commented that he was not surprised this evening by the appearance of the merchants speaking about the Delray Affair. Mr. Gimmy had called him last week, and he had spoken with Mr. Wood and the City Manager about it. Mayor Schmidt stated that he would be willing to facilitate a meeting with the Chamber and some representatives of the merchants and some representatives of the City if that is what the Commission would like us to do. It was the consensus of the Commission to have the Mayor proceed in this regard. 12. FIRST READINGS: 12.A. ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13, 2001, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 S.E. 4th Avenue. If passed, a public hearing will be scheduled for January 16, 2001. The City Manager presented Ordinance No. 1-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Mr. Schwartz moved to approve Ordinance No. 1-01 on FIRST Reading, seconded by Mrs. Archer. The City Attorney stated that the City owns the land upon which the Library is built, and there is a deed restriction on part of the land that it may only be used for municipal purposes. If the City wanted to sell or transfer the land for other than municipal purposes (i.e. for private use), the question of whether or not to do so would have to be put to the voters at a referendum election. The City Manager stated that the proposal is that the Library will trade their building - 18- 01-02-01 to the Community Redevelopment Agency (CRA) for the site on West Atlantic Avenue, and the City would trade the land to the CRA for the land east of Old School Square which would allow for Old School Square's expansion. The CRA would end up with both the building and the land, and then it would be available to them for redevelopment purposes. 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. 12.B. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. If passed, a public hearing will be scheduled for January 16, 2001. The City Manager presented Ordinance No. 2-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.90) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated that the proposed LDR amendment includes the removal of an exemption for construction activities involving single family homes, the addition of requirements dealing with sediment controls including installation of temporary erosion control measures prior to and during construction, with permanent control measures required within seven (7) days of any completed construction activity, and the addition of a statement that private owners of storm drain systems that connect to the municipal system will be responsible for annual inspection, operation and maintenance of their private stormwater management system. Mr. Dorling stated that the Planning and Zoning Board considered the proposed text amendment at a public hearing on December 18, 2000, and voted 5 to 0 to - 19 - 01-02-01 recommend that it be approved based upon positive findings with respect to LDR Section 2.4.5(M). The City Manager asked that three very minor changes be made to the ordinance to improve the readability to the lay person. On page 2, in paragraph C(1), where it reads "... Pollution Prevention Plan (PPP)", he asked that the parenthetical notation be stricken from the ordinance. The term "Pollution Prevention Plan" only appears two other times in the ordinance, and he felt it would be clearer if the term were simply spelled out in paragraphs three and six. On question from Commissioner McCarthy, Mr. Krejcarek, City Engineer, stated that the requirement for an annual inspection is part of the City's requirements under the NPDES permit. It is a mandate from the Environmental Protection Agency as part of the City's initial permit. Commissioner McCarthy then asked what type of cost impact this requirement would have on a single family residence on one acre or more of land? Mr. Krejcarek responded that most of the private systems are either in a commercial area, a parking lot, or in some of the subdivisions that have private streets and privately maintained drainage systems. As to the actual annual cost involved for a single family home, he could not give an estimated figure, but noted that there are not very many single family homes that will be impacted. A brief discussion followed on the types of measures that could be used for pollution control as required under the ordinance for single family homes on an acre or more, including relatively inexpensive control measures such as hay bales. It was further clarified by Mr. Krejcarek that the required annual inspection can be done by the homeowner. At this point there are no forms that have to be submitted; the homeowner is only required to keep records that he or she is doing something. Mrs. Archer moved to approve Ordinance No. 2-01 on FIRST Reading, seconded by Mr. Schwartz. 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. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12.A. City Manager. As an update on the beach cleanup, the City Manager stated that the Coast Guard had reported that they should be out of the Anchor Park parking lot by the end of the day tomorrow, January 3, 2001. 12.B. City Attorney. The City Attorney had no comments or inquiries. 12.C. City Commission. 12.C.1. Commissioner Archer commented that at the last BPOA meeting she attended, there was some discussion by the residents about a problem with lighting at the north end of the beach. Apparently there is very little lighting and some concern was expressed about the safety of residents out walking early in the morning or in the evening. She asked the City Manager to find out what level of illumination there is along the walkway at the north end of the beach. - 20 - 01-02-01 12.C.2. Commissioner Perlman wished everyone a Happy New Year and thanked Assistant City Manager Bob Barcinski for the good job he did of handling things while the City Manager was away last week. Commissioner Perlman then stated that he had gotten a couple of calls from concerned employees about the increased cost of the health insurance plan from what is in place now. He was particularly concerned about what impact this could have on the Police Department and would this be another thing that could encourage further attrition if there is a hefty health insurance premium hike. 12.C.3. Commissioner McCarthy commented that with the City getting close to buildout, she would like to know if the City has done any research or could do some research to see if we need to address the numbers that we have in our Police and Fire Departments? If the needs are going to change because of demographics, maybe this could be addressed ahead of time instead of reacting to something after it happens. In response, the City Manager commented that when certain things happen and as the City expands we know we will need to add people in the Fire Department. As far as police is concerned, the City already has a very high ratio of police officers to population compared to other cities in the area. The problem with police is getting fully staffed. He felt that if the department could be brought up to full staff, we would be in good shape. 12.C.4. Commissioner Schwartz asked what was being done about the air traffic situation, especially the noise and altitude? Mayor Schmidt stated that he would be contacting the PBIA Manager to try to set up a meeting with him. It was his understanding from talking to the City Manager in Boca as well as a couple of the commissioners, they are placing the blame on the Palm Beach tower and the direction it is giving to the Boca tower. Commissioner Schwartz indicated that he would be glad to help out in any way that he might be able to. He continues to receive a large number of calls on this issue and hoped that something could be done about it. Commissioner Schwartz concluded by wishing everyone a very happy, peaceful and healthy New Year! 12.C.5. Mayor Schmidt reminded the Commission that the annual Town Hall meeting will be held on Tuesday, January 30th, at Old School Square. The meeting starts at 7:00 p.m. Mayor Schmidt noted that he will be out of town for the Commission workshop scheduled for February 13th' and Commissioner Archer will also be out of town on the trip to Tanzania. He asked if the Commission would like to leave the February workshop as scheduled with only three in attendance or reschedule it to another date. It was the consensus of the Commission to reschedule the February workshop from the 13th to February 27th' the fourth Tuesday of the month. Mayor Schmidt noted the Florida League of Cities Datagram in which IEMO - 21 - 01-02-01 (Institute for Elected Municipal Officials) classes are again being offered, and also that the Florida Institute of Government looks like it has a couple of pretty interesting land use seminars coming up. Mayor Schmidt stated that he had received a letter from the Florida Beach Patrol Chiefs Association and they wanted to commend two of our Ocean Rescue Lifeguards (Steve Zickl and Joe Wagenhouse) for their assistance in the Ocean Mile Swim Series. Mayor Schmidt echoed Commissioner Perlman in thanking Mr. Barcinski for the great job he did during the City Manager's absence last week. 8:00 p.m. There being no further business, the meeting was adjourned by Mayor Schmidt at ATTEST: City Clerk 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 regular meeting held on January 2, 2001, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. - 22 - 01-02-01 (Institute for Elected Municipal Officials) classes are again being offered, and also that the Florida Institute of Government looks like it has a couple of pretty interesting land use seminars coming up. Mayor Schmidt stated that he had received a letter from the Florida Beach Patrol Chiefs Association and they wanted to commend two of our Ocean Rescue Lifeguards (Steve Zickl and Joe Wagenhouse) for their assistance in the Ocean Mile Swim Series. Mayor Schmidt echoed Commissioner Perlman in thanking Mr. Barcinski for the great job he did during the City Manager's absence last week. 8:00 p.m. There being no further business, the meeting was adjourned by Mayor Schmidt at Cit~Cl~rk- t~' 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 regular meeting held on January 2. 2001. which minutes were formally / approved and adopted by the City Commission on ..... Git5' Cler~' NOTE TO READER: If the minutes you have received are not completed as indicated above, this means the>' are not the official minutes of the Cit> Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. 22- 01-02-01 Canmng Shoes, Inc 335 E. Atlantic Ave Delray Beach, FL 33483 Vince Canning Shoes Telephone (561) 276-6570 Fax (561) 276-0880 4/24/98 Bill Wood President Delray Beach Chamber of Commerce 648E 5thAve Delray Beach. F1 33483 Dear Bill What a great weekend tbr the Delrax Affair The v~eather was great and the streets were busy I just wanted to tbllow-up on the 300 Block There is a success story on the 300 block Ire changes tnade improved the block Iraffic flor, was good and the vendors I talked to had no complaints while the merchants are very ve~' happy Our sales ,~ere up 300% as ,~ell as Sm~e Chen's /he Trellis shop bas up 50% and Hand's had an ~ncr,:ase These result's were made despite the later date of the show Our return traffic this ~eek has been fantastic Ihe Delra~ Affair worked tbr both the merchants of our block and the vendors as well I think we can make sex eral more changes and should strive to work on the 400 block in some way I have other items, but they can be addressed later I look forward to ~ orldng with you. Bonme and Lynn or whomever the new Event Chairperson and/or new Event Coordinator at the Chamber ma5 be Sincerely, Mark Denkler President, Canning Shoes. lnc and Chairman of the Atlannc Avenue Delray Affair Conmfittee