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02-02-99 FEBRUARY 2, 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, February 2, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Nancy Norman, Unity Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 7.A., Presen- tations, Employee Suggestion Award to Captain Ross Licata, Police Department, for his suggestion to lease vehicles from Saturn of Delray for use by the Citizens on Patrol (COP) Volunteer Program, and Item 9.I., Interest in Consideration for Palm Beach County League of Cities Appointments, to the agenda by addendum. Mr. Ellingsworth moved to approve the agenda as amend- ed, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion.passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Schmidt moved to approve the Minutes of January 19, 1999, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes. Said motion passed with a 5 to 0 vote. 6. Proclamations: 6.A. American Red Cross Month - March 1999 Mayor Alperin presented a proclamation recognizing March, 1999, as American Red Cross Month and urged all citizens to donate their time and resources to support Red Cross activi- ties. 7. Presentations: 7.A. Employee Suggestion Award to Captain Ross Licata, Police Department, for his suggestion to lease vehicles from Saturn of Delray for use by the Citizens On Patrol (COP) Volun- teer Program. Mayor Alperin explained that Captain Licata suggested that the City lease new vehicles from Saturn of Delray for use by the Citizens On Patrol volunteer program at a significant cost savings over the operation and maintenance of the old Police cars currently being used. The anticipated savings to the City will be close to $20,000, resulting in a monetary award to Captain Licata in the amount of $4,000. Mayor Alperin called Captain Licata forward, presented him with the award and expressed his appreciation for saving the City a significant amount of money and improving the image and functionality of the volunteer program at the same time. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. PROPOSED SCHOOL SITE FOR DELRAY BEACH/BOYNTON BEACH MIDDLE SCHOOL: Accept the Education Board's recommendation to pursue acquisition of a 35 acre parcel known as the Ruby Bennett property (east side of Military Trail, south of the L-30 Canal) for a 'new school facility pending the outcome of contamination studies, and authorize forwarding same to the Palm Beach County School Board. 8.B. OFF-SITE PARKING AGREEMENTS/MALLORY SQUARE (fka COLONY CLUB): Approve off-site parking agreements between the City, Atlantic Center, Ltd., Freecor Investments, Inc. and Mallory Development, Ltd. for a proposed 32 unit multi-family development known as Mallory Square (fka Colony Club) to be located at the southwest corner of N.E. 7th Avenue and N.E. 1st Street. 8.C. RESOLUTION NO. 8-99: Approve a resolution in further support of the Pineapple Grove Main Street Neighborhood Plan by endorsing the Pineapple Grove ARTWALK project. The caption of Resolution No 8-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN FURTHER SUPPORT OF THE PINEAPPLE GROVE MAIN STREET NEIGHBORHOOD PLAN BY ENDORSING THE PINEAPPLE GROVE ARTWALK PROJECT. -2- 2/02/99 (The official copy of Resolution No. 8-99 is on file in the City Clerk's office.) 8.D. CONTRACT ADDITION (C.O. #1)/REPUBLIC CONSTRUCTION & DEVELOPMENT CORPORATION (PUBLIC WORKS STORAGE BINS): Approve a contract addition (C.O. #1) in the amount of $17,476.00 with Republic Construction & Development Corporation under the Pine Grove Park Improvements contract for the reconstruction of the Public Works material storage bins, with funding from 334-3351- 591-63.22 (General Construction Fund - Fleet Service Bay). 8.E. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (RECORDS STORAGE WAREHOUSE): Approve closeout Change Order ~1 in the amount of $332.42 and final payment in the amount of $12,114.62 to Republic Construc- tion & Development Corp. for completion of the interior improve- ments at the Records Storage Warehouse, with funding from 334-6112-519-62.24 {General Construction Fund - Records Storage Warehouse). 8.F. CLOSEOUT CHANGE ORDER #1 AND FINAL PAYMENT/ARBOR TREE AND LANDSCAPE CO., INC. (SHADYWOODS ROADSIDE SWALE PROJECT): Approve closeout Change Order #1 in the deduct amount of $6,220.53 and final payment in the amount of $1,165.14 to Arbor Tree and Landscape Co., Inc. for completion of the Shadywoods roadside swale project, with funding from 448-5411-538-63.66 (Stormwater Utility - Shadywoods Drainage). 8.G. RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the Planning and Zoning Board, Community Redevelopment Agency and Downtown Development Authority appoint- ees to the Parking Management Advisory Board for two year terms ending January 31, 2001. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 19th through January 29, 1999. 8.I. AWARD OF BIDS AND CONTRACTS: 1. Contract award in the amount of $77,609.00 to Tel- con, Inc., lowest responsive bidder, for the East George Bush Boulevard Drainage Improvements project (A1A to Andrews Avenue), with funding from 448-5411-538-63.68 (Stormwater Utility East George Bush Boulevard). 2. Contract award in the amount of $275,772.50 to Chaz Equipment Company, Inc., lowest responsive bidder, for the Dotterel Road Reconstruction project, with funding in the amount of $15,235.00 from 442-5178-536-61.78 {W&S Renewal & Replacement - Water Distribution Improvements); $82,150.00 from 442-5178-536-63.51 (Sewer Main Rehabilita- -3- 2/02/99 tion); and $178,387.50 from 448-5411- 538-63.70 (Stormwater Utility - Dotterel Road). 3. Bid award in the amount of $15,950.00 to V.I.P. Painting, Inc., lowest responsive bidder, for the painting ~of window sills, frames, face trim and down spouts at Old School Square, with funding from 334-6112-519-46.10 (General Construction Fund -Building Maintenance). 4. Purchase award in the total amount of $16,226.59 to Hector Turf, via GSA Contract, for the purchase of one Toro Greensmaster 3100 Triples Mower and accessories for use at the Lakeview Golf Course, with funding from 446-4761-572-64.90 5. Bid award in the amount of $45,104.00 to Kuhn Carpet & Tile, lowest responsive bidder, for carpeting of the City Hall North Wing (Community Improvement/Planning & Zoning, City Clerk, Mayor's office and Publications Editor), with funding from 334-6112-519-46.10 (General Construction Fund - Building Maintenance). Mr. Schmidt moved to approve the Consent Agenda, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/RECREATIONAL ESTABLISHMENT (BILLIARDS CENTER): Consider a request for conditional use approval to establish a billiards facility (Shootersville Bil- liards) within Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding 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. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She explained that the proposal is to establish a billiards center at the Lake Ida Plaza in about 11,000 sq.ft, of the former Winn-Dixie store. It will include 28 billiard tables, kitchen and dining facilities and a full service bar. The proposed hours of operation are Monday through Friday from 11:00 a.m. until 2:00 p.m., and Saturday and Sunday from 12 Noon until 2:00 a.m. The Lake Ida Plaza center is -4- 2/02/99 zoned PC (Planned Commercial) District. The restaurant and bar are allowed as permitted uses, but the billiard aspect of the proposal requires conditional use approval. In terms of traffic and parking, no significant impact is expected. The use will not be open in the early morning and will likely be busiest in the evening when many of the other uses in the center are closed. There were some concerns initially raised by the adjacent child care center regarding some potential conflicts, but it is felt that with the differing hours of operation and the fact that the day care center is oriented towards the rear of the plaza while the billiards center will be oriented towards the front will reduce any conflicts. In addition, the applicant is proposing to install a ten foot wall as a barrier between the billiards center and the child care center to provide additional protection from any conflicts. At the Planning and Zoning Board public hearing, the day care center operator stated that she was satisfied with this condition. Ms. Dominguez continued that the Planning and Zoning Board donsidered the application at a public hearing on January 25, 1999. The Board voted unanimously to recommend that the conditional use request be approved, subject to the following three conditions: (1) The applicant shall erect a ten foot (10') high concrete block wall along the western side of Lake Ida Plaza to separate the adjacent child care center playground from the billiards center loading area; (2) That there be no live entertainment associated with this business; and (3) That additional sound barriers be placed between the billiards center and the adjacent day care center. David Cummings, applicant, gave an overview of the equipment to be used and the general operation of the proposed billiards center. Mr. Cummings stated that the business will be run in a professional manner so as to be an asset to the City. He further stated that he agrees with and accepts the conditions of approval recommended by the Planning and Zoning Board. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve the conditional use request for Shootersville Billiards recreational establishment at Lake Ida Plaza based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E) (5) of the Land Development Regulations and the policies of the Comprehen- sive Plan, subject to the conditions of approval as recommended by the Planning and Zoning Board outlined above. The motion was seconded by Mr. Schmidt. -5- 2/02/99 Mayor Alperin stated that he has some concerns about the image this establishment might project for the rest of the center and he hoped the business will be run in as upscale and professional a manner as the applicant has represented here this evening. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated that a request had been received to defer consideration of Items 9oB. and 9.C. until later in the meeting pending the arrival of Mr. Bill Wood, Chamber President. It was the consensus of the Commission to defer consideration until Mr. Wood's arrival at the meeting. 9.B. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a reques% from the Chamber of Commerce for special event approval for the Delray Affair to be held April 9-11, 1999. 9.C. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval for the 2nd Annual Delray Affair 5K Run to be held on Saturday, April 10, 1999, from 7:00 a.m. to 10:00 a.m. 9.D. FLORIDA REDEVELOPMENT ASSOCIATION/FLORIDA MAIN STREET ANNUAL. CONFERENCE: Consider a request from the CRA for a mone- tary commitment in the amount of $1,500 to support the FRA/Florida Main Street annual conference to be held September 8-10, 1999, at the Delray Beach Marriott. Mr. Ellingsworth moved to approve a monetary commitment in the amount of $1,500 to support the FRA/Florida Main Street Annual Conference, with funding to come from the Economic Devel- opment account. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.E. SERVICE AUTHORIZATION #10/CH2M HILL: Consider approval of Service Authorization #10 in the amount of $15,514.00 with CH2M Hill to perform a hazard assessment and prepare a risk management plan for response to an accidental chlorine gas release at the Water Treatment Plant, as required by federal legislation under the Clean Air Act. Funding will be from 441-5122-536-31.30 (Engineering/Architectural). The City Manager noted it is an EPA requirement to prepare this plan. There was already earlier an OSHA requirement for planning for chlorine leaks and the Fire Department has the responsibility for planning for any hazardous chemicals stored anywhere in the City. He felt there is a lot of redundancy with this requirement; it is going to cost the City $15,000 to basi- -6- 2/02/99 cally collect this together in another document in the format that the EPA wants it in. He finds this highly objectionable, but unfortunately the City does not have a choice in the matter. Mr. Schmidt commented that at the last SCRWTD Board meeting, a consultant was hired for a very similar thing and at a more competitive price. After discussion, Mr. Schmidt moved to approve Service Authorization #10 with CH2M Hill subject to negotiations to bring the price more in line with that approved by the SCRWTD Board. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.F. REMOVED 9.G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint a citizen-at-large representative to the Parking Manage- ment Advisory Board for a two year term ending January 31, 2001. The appointment will be made by Commissioner Schmidt. Mr. Schmidt moved to appoint Marion McIntyre as the citizen-at-large representative to the Parking Management Adviso- ry Board for a two year term ending January 31, 2001. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint a regular member {subcontractor position) to fill an unexpired term ending January, 2000, and an alternate member for a full three year term ending January, 2002. The appointments will be made by Commissioner Randolph (regular member) and Mayor A1perin {alter- nate member). Mr. Randolph moved to appoint George Brewer as a regular member (subcontractor position) on the Code Enforcement Board to fill an unexpired term ending January 14, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated he wished to appoint Roger Simon as an alternate member to the Code Enforcement Board for a three year term ending January, 2002. Mr. Ellingsworth so moved, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -7- 2/02/99 9.I. INTEREST IN CONSIDERATION FOR PALM BEACH COUNTY LEAGUE OF CITIES APPOINTMENTS: Consider a request from the Palm Beach County'League of Cities for letters of interest to be considered for appointment as the League of Cities representative to the Airport Noise Committee and/or an alternate member to the Trea- sure Coast Regional Planning Council. The City Manager asked if there was any interest on the part of the Mayor or Commission members to be considered for the two available positions. The League of Cities would like to have an answer by February 10, 1999. He suggested that everyone think about it and let him know if there is any interest at the Febru- ary 9th meeting. Mayor Alperin commented that both of these appointments are very important, although he cannot consider appointment due to time constraints. The Airport Noise Committee is very impor- tant because if it is dominated by people who don't want the noise under any circumstances, the airport will be stifled. One of the-problems now is that PBIA does not have the runway capaci- ty to handle the big planes that bring in the tourists from Europe. They have to come by way of Miami or Fort Lauderdale. As a member of the Tourist Development Council, he is aware that it is an important issue. It was the consensus of the City Commission to advise the City Manager of any interest at the February 9th meeting. At this point, the time being 6:30 p.m., the Commission moved to Item 12, First Readings, on the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 5-99: An ordinance rezoning a parcel of land owned by St. Vincent Ferrer Church, located 480 feet south of George Bush Boulevard between N.E. 8th Avenue and Palm Trail, from R~i-AA (Single Family Residential) District to CF (Community Facilities) District. If passed, a quasi-judicial public hearing will be scheduled for February 16, 1999. The City Manager presented Ordinance No. 5-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-i-AA (RESIDEN- TIAL SINGLE FAMILY) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PORTION OF THE ST. VINCENT FERRER CHURCH PROPERTY LOCATED 480 FEET SOUTH OF GEORGE BUSH BOULEVARD BETWEEN N.E. 8TH AVENUE AND PALM TRAIL, AS MORE PARTICULARLY DE- SCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A 8 2/02/99 GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schmidt moved to approve Ordinance No. 5-99 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 6-99: An ordinance amending the Future Land Use Map designation from LD (Low Density Residential 0-5 du/ac) to CF-P (Community Facilities-Public Buildings), and rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) District for a parcel of land located on the east side of S.W. 2nd Avenue between S.W. 6th and 7th Streets, associ- ated with the construction of a chemical storage building at the City's Water Treatment Facility. If passed, a quasi-judicial public hearing will be scheduled for February 16, 1999. The City Manager presented Ordinance No. 6-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM LD (LOW DENSITY RESIDENTIAL) TO CF-P (COMMUNITY FACILITIES-PUBLIC BUILDINGS), AND REZONING FROM R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DIS- TRICT, FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF SoW. 2ND AVENUE BETWEEN S.W. 6TH STREET AND S.W. 7TH STREET, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMEND- MENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schmidt moved to approve Ordinance No. 6-99 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9 2/02/99 12.C. ORDINANCE NO. 7-99: An ordinance amending Chapter 32, "Departments, Boards and Commissions", Section 32.08, "Length of Terms; Restrictions", of the City Code to provide for a prohibi- tion on serving on two or more boards or committees concurrently except in certain circumstances, and where prohibited by state law or the Florida Constitution. If passed, a public hearing will be scheduled for February 16, 1999. The City Manager presented Ordinance No. 7-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, BY AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", SUB-HEARING, "ADVISORY BOARDS AND COMMIT- TEES", SECTION 32.08, "LENGTH OF TERMS; RESTRICTIONS", BY REPEALING SUBSECTION (E), AND PROVIDING A NEW SUBSECTION (E), TO PROVIDE FOR A PROHIBITION ON SERVING ON TWO OR MORE BOARDS OR COMMITTEES CONCURRENTLY EXCEPT IN CERTAIN CIRCUMSTANCES, AND WHERE PROHIBITED BY STATE LAW OR THE FLORIDA CONSTITUTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 7-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes;. Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11 on the agenda. il. 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. In response to the suggestion that a brochure about volunteer opportunities in the City be created, the City Manager stated that Nancy King, the City's Publications Editor, is contacting Officer Brown in the Police Department, the Library and the Chamber of Commerce to set up a procedure for collecting information on new and existing volunteer opportunities in these respective areas. Once this is in place, it will be feasible to put together a brochure, with probably quarterly updates. In the -10- 2/02/99 meantime, volunteer opportunities will be published in the News For Neiqhborhoods. ll.B. From the Public. ll.B.1. Jean Beer, 2145 S.W. 26th Terrace, asked for an ac- counting of how much the City spends out of the General Fund for Community Redevelopment Agency (CRA) projects. These range from land acquisitions (such as the purchase of the Ocean City Lumber property for $75,000 or the historic preservation houses for $225,000-$250,000) to increased operating expenses for all of the special events downtown. Mrs. Beer stated that she feels the rest of the City should be able to know how much is spent per year on events and special things in the CRA that the City contributes to from the General Fund. ll.B.2. Alice Finst, 707 Place Tavant, asked for a progress report on what is happening with Lake Ida Road, particularly what the proposed design is and what traffic calming measures are being incorporated to make the road safer. Mrs. Finst further asked about the Marine Way property (blue building) on Lake Ida Road. She complained that the property appears to be deteriorating and asked why the code enforcement process has been unsuccessful in this instance? At this point, the Commission returned to Items 9.B. and 9.C. on the Regular Agenda inasmuch as Mr~ Wood, President of the Chamber of Commerce, had arrived at the m~eting. 9.B. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 9-11, 1999. Robert A. Barcinski, Assistant City Manager, stated this is the annual request for endorsement of the Delray Affair to be held April 9-11, 1999, to grant the temporary use permit for the closure of Atlantic Avenue from Swinton Avenue to N.E. 7th Avenue, allow signage to be placed more than one week prior to the event, provide staff support, split the overtime costs 50/50 with a maximum City contribution of $11,500, waive the code to allow banners only on barricades, not from buildings, and allow vendor permits to be assigned by the Chamber as has been done in the past. Mr. Barcinski stated staff recommends approval of the request with the following exceptions: (1) Approve use of parks with the stipulation that the Parks and Recreation Director has input concerning the events proposed on park property; and (2) Grant approval of signs per code requirements, and allow banners to be placed on stages and road barricades. -11- 2/02/99 He continued that the estimated overtime total for this event is $27,000 for this year, which is down from last year's cost of $33,000. Staff has been working with the Chamber to bring the overtime costs down without sacrificing service or security. Mr. Schmidt moved to approve the special event request for the Delray Affair as recommended by staff. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval for the 2nd Annual Delray Affair 5K Run to be held on Saturday, April 10, 1999, from 7:00 a.m. to 10:00 a.m. Robert A. Barcinski, Assistant City Manager, stated the 2nd Annual 5K Run will be held on A1A on Saturday, April 10th, from 7:00 a.m. to 10:00 a.m. The request includes a temporary use permit for use of Anchor Park and use and closure of A-i-A, waiver of the sign code to allow signage to be placed more than one week prior to the event, staff support for traffic control and barricade placement, and a split of overtime costs 50/50. Last year, the overtime cost was approximately $2,000. Staff recommends approval of the request. Mr. Schmidt moved to approve the special event request for the Delray Affair 5K Run as recommended by staff and with a cap on the City's share of the overtime costs at $1,000. The motion was seconded by Mrs. Archer. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this point the Commission moved to Item 13 on the agenda. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. In response to the inquiry at the last meeting about the overgrowth along the sidewalk on N.E. 1st Street and N.E. 4th Avenue, the City Manager reported that it was cut yesterday. The sidewalk is damaged, but is going to be torn up as the building is constructed there. The developer is in the process of getting things ready to draw permits, so in the meantime it can probably be barricaded off as it would not be worth repairing at this point. Commissioner Schmidt questioned if this was the same property he had referred to when he made his comments, and -12- 2/02/99 indicated he would call the City Manager to clarify the situa- tion. The City Manager reported on a number of items from last week's Municipal League meeting. The County Commission is going to be discussing the possibility of setting up a Municipal Service Taxing Unit (MSTU) for the Sheriff. This is something that the League's officers have been working on for a number of months. There are now five counties in the state that have this kind of arrangement and, basically, the result is that the unincorporated area picks up most of the cost for the Sheriff's road patrol and it reduces the County millage inside cities. The City Manager stated Palm Beach County Legislative Action in Tallahassee will be held in March. Most people will go up on Wednesday, March 10th, with most of the activities taking place on Thursday, March 11, 1999. The City Manager asked the Mayor and Commissioners to think about whether or not the Commission wants to take a posi- tion on the County's bond issues. The recreation and cultural facilities issue is a $25 million issue, and the environmentally sensitive lands and agricultural reserve issue is a $150 million issue. Both are on the March 9th ballot. The City Manager reported that Mr. Bob Burdett has resigned as Executive Director of the Municipal League. Mr. Burdett has accepted a position with Boca Raton to manage that city's golf courses. Jamie Titcomb was selected as the Interim Executive Director for the League. The City Manager reported that toward the end of February, 1999, the First Lady of Tanzania will be visiting Delray Beach. This will be part of the City's observance of Black History Month. Lula Butler is involved with coordinating the visit which is being arranged by the owners of Borton Volvo. The City Manager stated that some time ago there was a request to put in school zone flashers at Pine Grove School. A letter dated January 21, 1999, from Palm Beach County has been received advising that they should be installed within thirty (30) days. With respect to the concern expressed at the Town Hall meeting about motorcycle noise and the request for the City to take some action in that area, the City Manager reported that state law provides, "The provisions of this section shall be applicable and uniform throughout the state and all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this section unless expressly authorized" So the state sets decibel limits for motorcycles and the kinds of mufflers they have to have, and the City cannot enact anything different than that. We can only enforce state law. -13- 2/02/99 The City Manager noted there was a good deal of concern expressed at the Town Hall meeting about the condition of various streets in the City. As an interim report, he stated that a survey of street conditions at the beginning of FY 1998 (October 1997). At that time, 42 streets in the City were identified that either had moderately excessive defects or excessive defects. Ten of these streets were reworked in 1998, three are currently under construction, and eight are in various stages of design and will be done this year. There are three more scheduled for FY 2000 and five scheduled for 2001. One of the streets (SW 2nd Avenue between the Courthouse and the Norris apartments) is planned to be abandoned. Under the terms of the City's agreement with the County, if they need that by the year 2000 it has to be given to them and the City is required to abandon the street. It has not been resurfaced for this reason. That leaves twelve (12) streets for which there is currently no plan. A number of these streets should be resurfaced this year as part of the resurfacing program, and staff hopes to have this finalized within two to three weeks. The City Manager continued that both this year and last there was some interest expressed by the City Commission in possibly putting together a bond issue to bring all of the streets up to par. He has asked one of the City's consulting engineers to come in and look at this to see what it would cost to put together a proposal that would basically involve bringing all of the City's streets that are in the lowest three categories in the grading plan up to top notch condition, plus all of the underground utility work that is needed on those streets which would be water, sanitary sewer or drainage. Ail of this can be put together into one package to be looked at to see if the Commission might want to go ahead and bond the whole thing to get it all~ done in a fairly short time. The City Manager stated he expects the report to be completed within three months or so at which time the whole picture will be presented to the Commission at a workshop. Concerning the correspondence which questioned whether or not there was any gang activity in the City of Delray Beach, the City Manager stated he had asked the Police Department to provide some information on this matter. The Police Department reports they have identified fifteen (15) criminal street gangs that either are active or have been active within the City. The majority of them are currently active and they are throughout the community. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Scb~midt had no comments or inquiries. -14- 2/02/99 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Ellinqsworth reported that Mr. Leo Noble gave a presentation on the school concurrency issue at yester- day's Intergovernmental Coordinating Council meeting, and sug- gested that Mr. Noble be scheduled for an agenda in the near future to give his report to the City Commission. The City Manager stated that Mr. Noble is scheduled for the February 9th workshop meeting. Mr. Ellingsworth then reported he had received a copy of the FDOT's 5-Year Plan, and Delray Beach has been funded for two big items. The $376,000 enhancement funds the City applied for for sidewalks is included in the plan, as is $500,000 for beautification on West Atlantic Avenue. Mr. Ellingsworth submit- ted the plan for review. Lastly, Mr. Ellingsworth stated the City has had perfect attendance over the past six years at Metropolitan Planning Organization (MPO) meetings. However, the March meeting is scheduled for Thursday, March 18th, and he will not be able to attend. Mr. Ellingsworth suggested the Commission appoint a replacement for him at the March 16th regular meeting so that individual could attend the March 18th meeting unless Mr. Ran- dolph is able to attend on the City's behalf. Mr. Randolph indicated that he could probably attend the MPO's March 18th meeting in place of Mr. Ellingsworth. 13.C.4. Commissioner Randolph reiterated his concerns about the problem of traffic speeding through residential neighborhoods. Right now there is very little, if any, enforcement and it is a problem that needs to be addressed even if it means purchasing surveillance equipment, more radar or what not. He feels that the Police Department needs to come down hard on these speeders because as it stands right now most of them think they can get away with it. Mr. Randolph strongly urged that something be done in this regard before a tragedy occurs. 13.C.5. Mayor Alperin had no comments or inquiries. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 4-99 (IN LIEU OF PARKING REGULATIONS): An ordinance amending LDR Section 4.6.9(E), "Location of Parking Spaces", to provide for revised in lieu of parking regulations. 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. -15- 2/02/99 The City Manager presented Ordinance No. 4-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULA- TIONS'', SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING REGULATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, A SUNSET CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-99 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Bill Wood, President of the Greater Delray Beach Chamber of Commerce, 64 S.E. 5th Avenue, read the following statement into the record: "The in-lieu parking fee" seems to be one of the city's most misunderstood economic development tools. It has enabled growth and prosperity in the downtown that other- wise would not have occurred. It provided property owners or developers the opportunity to build or renovate in our decidedly mature downtown by literally "paying for parking spaces in lieu of providing them". Without it, the Delray Beach Library renova- tion and expansion would not have happened. They bought twenty- four spaces that were impossible to provide at the current location. Java Bean Junction bought two spaces. Cafe La Boheme bought one, as did Cafe Luna Rosa. As a tool for economic development, it provides the opportunity for entrepreneurs to -- affordably -- gamble or take a chance on succeeding in downtown. "And, it has served us very well; the results are visible. Our popular downtown draws residents and visitors from near and far with its diverse offerings in the way of shops, galleries, restaurants and entertainment venues. They come to enjoy the fabric that is Delray -- a traditional downtown with lots of choices to mix and mingle, to see and be seen. Its success has also led to higher property values throughout the entire.city, not just the downtown. "Of course, this success has also led to some serious parking difficulties. While in lieu has been a very successful economic development incentive, it has become obvious that change is needed to keep pace with the new demands of our parking resources. That is how we got to where we are today. -16- 2/02/99 "We support the changes that more accurately reflect the actual cost for additional spaces by utilizing different fees in the four districts. However, as we await the results of the Rich study on the beach, we are concerned about assigning values and restrictions for that section prematurely. We request a second look be taken at the beach situation in light of the study's findings. "As we feel in lieu, even in its revised form, will serve our city as a valuable economic development incentive tool, we cannot support the "sunset" feature of the revision and respectfully request your consideration in revising that section. As economies are cyclical in nature, we strongly caution against eliminating the tool altogether. We also suggest that the three year payment schedule be uniform in all four districts. "The revised in lieu in Areas 1 and 2 are not incen- tives at the proposed rates, particularly for large projects. They truly encourage developers to find parking as opposed to paying for non-existing spaces. For example, one of our members, a long time resident and downtown business leader, researched a renovation of his business. To meet parking requirements using revised in lieu rates added $40 per square foot to the project, making it too cost prohibitive to proceed. "Having this tool, however, does provide unique oppor- tunities, particularly for some smaller businesses, which allows Delray to be a little more flexible than neighboring cities. We hope you will make the appropriate adjustments to this valuable tool."- Jeffrey Silberstein, 801 Elderberry Way, Boca Raton, stated he is developing a project at N.E. 4th Avenue and N.E. 1st Street and is opposed to the changes to the in lieu of parking fee for the CBD west of the Intracoastal Waterway. He felt the proposed fee of $12,000 per parking space in this area is too high and will be cost prohibitive to other infill development and redevelopment. He felt the in lieu of parking fee was created as an incentive to encourage development in the downtown and while Atlantic Avenue is prospering, there is a long way to go on the side streets to the north and south. Mr. Silberstein felt that the proposed ordinance will only serve to stifle further develop- ment in the downtown area. Chris Brown, Executive Director of the Community Redevelopment Agency, stated that he felt the proposed ordinance would be "too much, too fast" and suggested that its provisions be phased in perhaps over a period of five years. There being no one else who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth clarified that he had requested the sunset provision be included in the ordinance to insure that it -17- 2/02/99 would be reheard at a future date. At that time there will be more data to determine if the ordinance as currently written is working or not, if amendments need to be made, or if the in lieu of provision should be done away with at that time. Mr. Ellingsworth moved to approve Ordinance No. 4-99, as written, on Second and FINAL Reading. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 3-99 (TWO HOUR PARKING LIMIT IN VETERANS PARK): An ordinance amending Chapter 73, "Parking Schedules", of the City Code by amending Schedule I. to provide for a two-hour parking limit in the parking spaces at Veterans Park. 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. 3-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 73, "PARKING SCHEDULES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I. TO PROVIDE FOR A TWO- HOUR PARKING LIMIT IN THE PARKING SPACES AT VETERANS PARK; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-99 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 compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Speaking from the audience was the following: Bruce Gimm¥, 439 East Atlantic Avenue, stated that he supports the ordinance and hopes it will help to free up the parking at Veterans Park. He felt, however, that parking meters will ultimately be the answer to parking and enforcement in this area, but it will be interesting to see what the consultant has to say. There being no one else who wished to address the Commission, the public hearing was closed. -18- 2/02/99 Mr. Schmidt moved to approve Ordinance No. 3-99 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt Yes; Mrs. Archer~ - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin Yes. Said motion passed with a 5 to 0 vote. Prior to adjournment, Mayor Alperin asked if there were any additional comments from the public from anyone who may not have been present at the meeting before 7:00 p.m.? There were none. There being no further business, Mayor Alperin declared the meeting adjourned at 7:20 p.m. ~Cit9-Cl~fk ! ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of February 2, 1999, which minute~ were formally approved and adopted by the City Commission -- - /City Cl~k t NOTE TO RE~ER: 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. -19- 2/02/99