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01-19-99 JANUARY 19, 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, January 19, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Ken Ellingsworth Commissioner David Schmidt Mayor Jay Alperin Absent - Commissioner David Randolph Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Matthew "Bump" Mitchell, Christ Missionary Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Schmidt moved to approve the agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 5. Approval of Minutes= Mr. Schmidt moved to approve the Minutes of the Regular Meeting of January 5, 1999, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: 6.A. Recoqnizing and commending the Delray Rocks Football Program. Mayor Alperin read and presented a proclamation recog- nizing and commending the 1998 Delray Rocks Football Program, and the achievements of the individual football teams and cheerlead- lng squads. Coach Ben Leonard came forward to accept the proclama- tion on behalf of the Rocks Football Program and expressed his appreciation to the Commission for the City's outstanding support of this very worthwhile program. 7. Presentations: 7.A. City Golf Championship Awards Sandra Eriksson, LPGA, Director of Golf, and Mayor Alperin presented the following awards: Men's Championship David Haag, Boynton Beach - Champion (148) Mike McDonald, Delray Beach - City Champion (151) Women's Championship Linda Kurzinger, Boynton Beach - Champion (172) Wanda Goodleaf, Delray Beach - City Champion (178) Men's First Flight Mike Farrell, Delray Beach (151) Women's First Flight Lynn McCarthy, Margate (187) Men's Second Flight Jerry Iannuzzelli, Delray Beach (170) Women's Second Flight Martha Collins, Delray Beach (183) Men's Seniors Championship Randy Morcroft, Delray Beach (151) Women's Senior Division Shirley Wolff, Delray Beach (193) Men's Senior First Flight Mike Sczepanik, Boca Raton (169) Men's Senior Second Flight Ralph East, Delray Beach (180) Men's Super Seniors Guido Cavallo, Boca Raton (160) Men's Super Seniors First Flight 2 01/19/99 Russell Keegan, Delray Beach (174) Ms. Eriksson and Mayor Alperin extended their congratu- lations to the winners. CONSENT AGENDA: City Manager recommends approval. 8.A. RATIFICATION OF OLD SCHOOL SQUARE BOARD OF DIRECTORS: Ratify the slate of new appointees to the Old School Square Board of Directors for three year terms beginning January 13, 1999. 8.B. AGREEMENT FOR REPAYMENT OF OLD SCHOOL SQUARE LINE OF CREDIT AGREEMENT OF JULY 1992: Consider approval of an agreement between the City, the Community Redevelopment Agency (CRA) and Old School Square, Inc. wherein the CRA relieves Old School Square of the obligation to the City and the CRA agrees to pay to the City the balance of the principal outstanding, in equal installments over a period of ten years. 8.C. LEASE RENEWAL/CASON COTTAGE: Approve a ten (10) year renewal of the lease agreement between the City and the Delray Beach Historical Society for the property known as Cason Cottage. 8.D. ACCEPTANCE OF EASEMENT & RIGHT OF ENTRY AND LICENSE AGREEMENT WITH SMITH (BROOKS LANE): Accept an easement deed for a five foot drainage easement and approve a right of entry and license agreement with Charles Smith, 1033 Brooks Lane, to facilitate completion of the Brooks Lane drainage improvements project. 8.E. ACCEPTANCE OF EASEMENT DEED/SHULER MEMORIAL CHAPEL, INC.: Accept an easement deed from Shuler Memorial Chapel, Inc. to accommodate installation of a sidewalk over the northeast corner of Mr. Shuler's property. 8.F. ACCEPTANCE OF RIGHT-OF-WAY DEED/MARTY FLADELL DRIVE (fka DON FRANCISCO'S WAY): Accept a right-of-way deed from William E. Bowman, Jr. and James E. Bowman for a 25 foot road right-of-way for Marty Fladell Drive (fka Don Francisco's Way) associated with the construction of a parking lot for Continental Concrete. 8.G. AGREEMENT FOR SIDEWALK IMPROVEMENTS/MARTY FLADELL DRIVE (fka DON FRANCISCO'S WAY): Approve an Agreement for Sidewalk Improvements with William E. Bowman, Jr. to waive the requirement for installation of a sidewalk along Marty Fladell Drive (fka Don Francisco's Way) in conjunction with new development until such time as the City requests construction of the sidewalk. 8.H. ACCEPTANCE OF EASEMENT DEED/CFBC, L.C.: Accept an easement deed from CFBC, L.C. granting a five foot easement along the west side of Lot 1, Block 59 (located at the southeast corner of N.W. 1st Avenue and N.W. 2nd Street) to allow the City to maintain a sidewalk that will be installed in this area. -3- 01/19/99 8.I. LIMITED ACCESS EASEMENT AGREEMENT/CFBC, L.C.: Approve a limited access easement agreement with CFBC, L.C. to provide for a limited access easement along the north side of the proper- ty adjacent to N.W. 2nd Street so that frontage of the property shall then be on N.W. 1st Avenue pursuant to LDR Section 4.3.4(E) (4) . 8.J. CLOSEOUT CHANGE ORDER ~1 AND FINAL PAYMENT/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP. (PARKS DEPARTMENT EMPLOYEE LOUNGE/TRAINING ROOM): Approve closeout Change Order #1 in the deduct amount of $1,276.00 and final payment in the amount of $13,556.40 to Republic Construction & Development Corp. for completion of the Employee Lounge/Training Room interior renova- tions project at the Parks and Recreation maintenance facility, with funding from 001-4131-572-62.10 (Parks & Recreation/ Build- ings). 8.K. CLOSEOUT CHANGE ORDER #2 AND FINAL PAYMENT/INTERCOUNTY FOUNDATION, INC. (BUCIDA ROAD WATER MAIN AND DRAINAGE IMPROVE- MENTS): Approve closeout Change Order #2 in the deduct amount of $5,626.52 and final payment in the amount of $7,452.42 to Inter- county Foundation, Inc. for completion of the Bucida Road Water Main and Drainage Improvements project, with funding from 442-5178-536-63.50 (W&S Renewal and Replacement - Water Line Upgrades). 8.L. RESOLUTION NO. 6-99: Approve a resolution assessing costs for abatement action required to remove nuisances on fourteen (14) properties throughout the City. The caption of Resolution No. 6-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 6-99 is on file in the City Clerk's office.) -4- 01/19/99 8.M. RESOLUTION NO. 7-99: Approve a resolution setting the public hearing date for consideration of the Woods of Southridge Special Assessment District final assessment roll. The caption of Resolution No. 7-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE WOODS OF SOUTHRIDGE 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. 7-99 is of file in the City Clerk's office.) 8.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 4th through January 15, 1999. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $14,762.00 to Sanders Company, Inc., sole source provider, for the purchase of two (2) impellers and mechanical seals for Lift Station 100 as part of the preven- tative maintenance program, with funding from 442-5178-536-64.90 (W&S Renewal and Replacement - Other Machinery and Equipment). 2. Contract award in the amount of $69,361.00 to Farmer & Irwin Corporation for the replacement of roof top and roof mounted air conditioning units at the Police Department Headquarters facility, with funding from 334-6111-519-63.21 (General Construction Fund - Police Chiller A/C System). 3. Purchase award in the total amount of $24,300.00 to Glock, Inc. for the purchase of new replacement duty handguns for the Police Department, with funding from 001-2111-521-52.27 (Police Adminis- trative Services - Equipment less than $500). 4. Purchase award in the total amount of $14,425 to Lawmen's and Shooters Supply, Inc., via Florida State contract, for the purchase of the annual supply of ammunition for the Police Department, with funding from 001-2111-521-52.20 (Police Administrative Services - General Operating Supplies). -5- 01/19/99 5. Purchase award in the total amount of $20,097.00 to Gateway, via Florida State contract, for the purchase of nine (9) computers (7 replacements and 2 new computers) for the Fire Department to meet Year 2000 compliance, with funding in the amount of $2,360 from 001-2311-522-64.11 (Fire Adminis- tration - Computer Equipment), $2,360 from 001-2317-522-64.11 (Fire Safety - Computer Equip- ment), and $15,377 from 334-6112-519-64.11 (R&R - Computer Equipment). Mr. Ellingsworth moved to approve the Consent Agenda, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. REQUEST FOR REDUCTION IN PAVEMENT WIDT~ AND RELIEF FROM IMPROVEMENT OBLIGATIONS/TEE ESTUARY SUBDIVISION: Consider approval of a request to reduce the pavement width from 24 feet to 22 feet for residential streets located within the proposed Estuary Subdivision (fka Yake Property), and for relief from LDR Section 5.3.1(E), "Improvement Obligations", to provide one-half the cost of improving the alleys on both the north and south borders. The subject property is located 850 feet east of North Federal Highway, north of Denery Lane, south of Allen Avenue, immediately adjacent to the Intracoastal Waterway. Diane Dominguez, Director of Planning and Zoning, presented an overview of the two requests. As to the improvement obligation, The Estuary site has 15 ft. wide unimproved alleyways on both the north and south borders. Pursuant to LDR Section 5.3.1(E), half the cost of improving these alleys is required. Most of the properties abutting the subject alleys have been improved with single and multi-family housing that takes access from the adjacent streets. It is unlikely that the alleyways will be improved for vehicular access. Further, support has been expressed by residents of the area for abandonment of the alleys in order to improve crime control. The site plan for The Estuary includes a bike path along the west side of the property, which is to be dedicated to the public. As a condition of site plan approval, it is to be extended to Palm Trail within the alley right-of-way. This will provide for a continuous pedestrian and bikeway link from Royal Palm Boulevard to Palm Trail. Given that the developer is to bear the full cost of dedicating and con- structing the bike path, and that it is unlikely that the alleys will be otherwise improved, staff supports the request for relief from the improvement obligation. As to the request for reduction in pavement width, Ms. Dominguez stated that the required width for a local street is 24 feet per LDR Section 6.1.2(B) (3). The proposed width for the -6- 01/19/99 private streets located within The Estuary is 24 feet where parallel and back-out parking spaces are located, and 22 feet throughout the remainder of the development. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirement is not feasible or would constitute a hardship in a particular instance, and provided the reduction would not endanger public safety and welfare. In this instance, the City Engineer and the Fire Marshal have no objec- tions to the request. Staff sees no compelling need to require the 24 feet and supports the request for a reduction in pavement width in those areas indicated on The Estuary site plan. Mr. Ellingsworth moved to approve the request to not provide one-half of the cost of improving the alleys for The Estuary and to reduce the pavement width for the internal streets located within The Estuary subdivision from 24 feet to 22 feet in those areas indicated on the site plan. 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. Said motion passed with a 4 to 0 vote. 9.B. RESOLUTION NO. 5-99 (ALLEY ABANDONMENT/BLOCK ONE, KENMONT SUBDIVISION) & ACCEPTANCE OF EASEMENT DEED: Consider approval of a resolution vacating and abandoning a 15 foot wide east/west alley right-of-way within Block One, Kenmont Subdivi- sion, located between Bond Way and Denery Lane, based upon positive findings, and subject to acceptance of an easement deed for public utilities. The City Manager presented Resolution No. 5-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A FIFTEEN FOOT WIDE EAST/WEST ALLEY RIGHT-OF-WAY WITHIN BLOCK ONE, KENMONT SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 20 AT PAGE 65 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED BETWEEN BOND WAY AND DENERY LANE, AS MORE PARTICULARLY DESCRIBED HEREIN; SUBJECT TO ACCEPTANCE OF AN EASEMENT DEED FOR PUBLIC UTILITIES. (The official copy of Ordinance No. 5-99 is on file in the City Clerk's office.) Diane Dominguez, Director of Planning and Zoning, stated the abandonment request was made by the owners of Lots 22 through 24 located on the south side of the alley in order to incorporate the vacated area into their lots. Because the alley was dedicated entirely by the Kenmont plat, the full 15 feet would revert back to these three abutting property owners. Ms. -7- 01/19/99 Dominguez continued that abandonment of the alley will not prevent access to any lots of record. However, the alley is currently used as an occasional secondary means of access for two residences located on its north side. While primary access is via Denery Lane, a detached double-door garage structure was constructed at 910 Denery Lane. This allows the garage to be accessed via a paved driveway from Denery Lane as well as from the unpaved alley. At the west end of the alley, an asphalt drive was constructed to the rear of the property located at 906 Denery Lane. A paved north/south alley connecting to Bond Way dead-ends into this asphalt drive; therefore, access will remain available although it will be diminished by two feet because of a slight offset between the north/south alley and the driveway. Ms. Dominguez stated that the Planning and Zoning Board considered the abandonment request at a public hearing on Novem- ber 16, 1998. The owner of 910 Denery Lane spoke in opposition, indicating that the abandonment will cause an inconvenience as she occasionally uses the alleyway to drop things off in the rear of her property. After discussion, the Board voted 6 to 1 to recommend approval of the abandonment, based on positive findings and subject to the dedication of a replacement easement to cover existing utilities. No one from the audience wished to address the City Commission on this item. Mr. Schmidt moved to approve Resolution No. 5-99 based upon positive findings with respect to LDR Section 2.4.6(0) (5). The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.C. REPORT ON MAD DADS, INC. SUBRECIPIENT AGREEMENT/ ACTIVITIES: Consider responses to comments and concerns raised by Dr. Josh Smith, Jr. regarding the use of Community Development Block Grant (CDBG) funds provided to the MAD DADS organization. Lula Butler, Director of Community Improvement, stated that Community Development Block Grant dollars are provided to entitlement cities with the requirement that 70% of the funds be spent for the benefit of low and moderate income residents. The City's CDBG program is operated within an established target area which houses the highest concentration of the City's low and moderate income households. As long as all of the program's activities are being carried out within this target area, they are considered to benefit low and moderate income households, whether through direct benefit per household or area benefit for things such as infrastructure improvement. Ms. Butler stated that the activities carried out by the MAD DADS organization fall within the category of benefiting low to moderate income persons through working towards the creation of a suitable living envi- ronment within the established CDBG target area. 8 01/19/99 Ms. Butler further noted that the City's first year funding award (1994) to MAD DADS was $33,000 for one position. The 1995 funding was increased to $58,500 in support of two (2) positions. The agency's 1998 award (still at two positions) is at $53,000 and covers approximately 90% of the two positions. MAD DADS' total budget has grown from $58,500 in 1995 funded entirely by the City to a little over $450,000 in 1998 with the City's contribution being approximately 12% of their total budget. Ms. Butler concluded by saying she believes MAD DADS has done an excellent job of leveraging the dollars it receives from the City to support programs and activities carried out by them. Josh Smith, Jr., 3616 Avenue De Glen, questioned the wording of the agenda item caption, reiterated his request to be placed on the agenda to speak to the City Commission on his request that taxpayer money no longer be contributed to MAD DADS, and asked why he had not been provided with a copy of the backup material for this item in advance of the meeting? Mayor Alperin asked that a copy of the backup informa- tion be given to Dr. Smith. The Clerk did so. Mayor Alperin then stated that tonight's agenda item is not in response to Dr. Smith's accusations but rather in response to the City Manager asking Ms. Butler and MAD DADS to provide information for the City Commission's consideration. The Mayor suggested to Dr. Smith that he read and consider the information before making further accusations. Mayor A1perin asked if there were any additional comments from the audience. There were none. The Mayor expressed his appreciation to staff for all of the work put forth in compiling the information which had been provided. He noted that it probably consumed a considerable amount of time and asked that at some point he be given an estimate of how much staff time was spent on putting this infor- mation together. 9.D. APPOINTMENTS TO THE CITY'S MILLENNIUM COMMITTEE: Consider ratifying the appointments of the members to the Millen- nium Steering Committee as proposed by staff. Mr. Ellingsworth moved to ratify the appointments of the members of the Millennium Steering Committee as proposed by staff. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Elling- sworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.E. SETTLEMENT/BOOKBINDER V. CITY OF DELRAY BEACH: Consid- er settlement of the referenced matter as recommended by the City Attorney. -9- 01/19/99 Mr. Schmidt moved to approve settlement of the matter for $8,500.00, which includes all attorney's fees and costs. The motion was seconded by Mrs. Archer. Upon roll call the Commis- sion voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.F. DIRECTION CONCERNING BOARD APPOINTMENT RESTRICTIONS: Clarify the City Commission's policy concerning restrictions on Board appointments (i.e. serving on two boards). The City Attorney noted that the current ordinance conflicts with what she believes the Commission's intent was (i.e. in certain cases to allow dual membership where it does not conflict or constitute a constitutional violation). To address this, an ordinance has been drafted to provide that a person cannot serve on two advisory boards unless the resolution or ordinance establishing the board provides for that dual situa- tion. Ms. Ruby pointed out that the resolution that created the Parking Management Advisory Board provides for this scenario. However, there is another ordinance section in the City code that prohibits serving on more than one board. That code section is what needs to be clarified. After discussion, it was the consensus of the City Commission to continue the policy where an individual can only serve on one board. The Parking Management Advisory Board is a special circumstance where the Commission wants to have represen- tation from the various boards and it is clearly spelled out in the enacting resolution. The City Attorney stated she would review the draft ordinance to ensure it reflects the Commission's direction and will bring it back for first reading at the next regular City Commission meeting. 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. In view of the direction on Item 9.F., Mr. Schmidt stated he would defer his appointment of the citizen-at-large representative until he has the opportunity to speak with Mrs. McIntyre as to any preference she might have about which board to serve on. Mayor Alperin noted that Mr. DonFrancisco would also need to be notified of the policy so he can make a decision as to which board he would prefer to remain on as a member. 9.H. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint a regular member (layperson) to the Code Enforcement Board for a three year term ending January, 2002; a regular member (subcon- -10- 01/19/99 tractor position) to fill an unexpired term ending January, 2000; and an alternate member for a full three year term. The appoint- ments will be made by Commissioner Ellingsworth, Commissioner Randolph and Mayor Alperin. Mr. Ellingsworth moved to reappoint Martin Bellsey as a regular member (layperson) on the Code Enforcement Board for a three year term ending January, 2002. 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. Said motion passed with a 4 to 0 vote. Due to his absence, Mr. Randolph's appointment was deferred until the next regular meeting on February 2, 1999. Mayor Alperin asked that his appointment of an alter- nate member also be deferred to the next regular meeting on February 2, 1999. At this point, the Commission moved to Item 12, First Readings, on the agenda. 12. FIRST READINGS: 12.A. 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. If passed, a public hearing will be scheduled for February 2, 1999. 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. Mayor Alperin noted this is what was discussed at the January 12th workshop for a two hour parking limit at the Veter- ans Park parking area between the hours of 8:00 a.m. and 8:00 p.m., for a six month trial period to see how it works out. Mr. Schmidt moved to approve Ordinance No. 3-99 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the -11- 01/19/99 Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 12.B. 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. If passed, a public hearing will be scheduled for February 2, 1999. 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. Mr. Ellingsworth moved to approve Ordinance No. 4-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to a complaint about yard trash not being picked up at 31 N.W. 14th Avenue, the City Manager stated that our records indicate the resident reported the vegetation was missed on December 21st and December 28th. The supervisor for BFI reported the vegetation was placed across the street from the residence and was loose; nevertheless, BFI did pick the vegeta- tion up on January 7, 1999. There was also a report on September 28th that the vegetation had been missed for three weeks; it was collected on October 3rd. In this particular case it appears that the City's response to the citizen complaint was not as prompt as it should have been, particularly with respect to her December 21st call. The situation has been reviewed with BFI's supervisor who felt that the driver may have simply missed the trash and then it became more loose than it originally was -12- 01/19/99 because it was not picked up. He also reported that he had made several attempts to contact the resident and was finally able to get in touch with her to explain what had happened. Code En- forcement will monitor the area for the next several weeks to ensure the residents are receiving the service they are paying for, although it is believed the problem has been corrected. In response to the complaint about a driveway on N.W. 12th Avenue that the City had not reconstructed, the City Manager stated that the resident has a circular driveway and the City originally proposed to redo the driveway on the south side. When the project was set to begin, it was found that the driveway on the south side was built in the setback area and, if reconstruct- ed, would have to be moved several feet to the north. The resident did not want to do this and asked to have the driveway done on the north side. In staff's opinion, the driveway on the north side is not in bad enough condition to warrant replacement. The City Manager stated he had written a letter to the resident telling her this and that the offer to give her a new driveway on the south side of her property still stands if she would like that done. If not, the City would like to redo the driveay approaches in the swale in either case. The City Manager then provided a status report on the traffic light at Whatley Road and Atlantic Avenue. The Florida Department of Transportation has designed the system and the bid has been awarded. The contractor is supposed to be in laying conduit this week, with sidewalks and gutters to be done at the same time. The project is to be completed by mid-April to the 1st of May. ll.B. From the Public. ll.B.1. Officer Skip Brown, Delra¥ Beach Police Department, announced that the department will be starting it's 12th Citizens Police Academy and extended an invitation to the Mayor and Commissioners to participate. Officer Brown noted that Mrs. Archer will be attending on Wednesday, February 17, 1999. 11.B.2. Jean Beer, 2145 S.W. 26th Terrace, suggested that perhaps the City or the Chamber of Commerce could make up a pamphlet or brochure about volunteer opportunities within the City such as at the Police Department, the Library, or wherever they are needed. The brochure could be available in places such as the Library, the Chamber and the like, with a little informa- tion about what would be entailed and a telephone number to call to get more information. Mrs. Beer felt this would be helpful in getting more people to volunteer their time. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: -13- 01/19/99 10.A. ORDINANCE NO. 2-99: An ordinance rezoning a parcel of land located on the north side of Southridge Road, between South Swinton Avenue and S.W. 4th Avenue, from RO (Residential Office), in part, and R-1-A (Single Family Residential), in part, to CF (Community Facilities) District. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDI- CIAL HEARING The City Manager presented Ordinance No. 2-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (RESIDEN- TIAL SINGLE FAMILY) DISTRICT, IN PART, AND RO (RESIDENTIAL OFFICE) DISTRICT, IN PART, IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF SOUTHRIDGE ROAD BETWEEN SOUTH SWINTON AVENUE AND S.W. 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The offical copy of Ordinance No. 2-99 is on file in the City Clerk's office.) The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City 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 stated that the Planning and Zoning Board considered this request at a public hearing on December 21, 1998, and voted unanimously to recommend approval. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 2-99 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.B. SALE OF CITY-OWNED PROPERTY TO EBENEZER UNITED CHRIS~ TIAN WESLEYAN CHURCH: Consider approval of the sale of a vacant City-owned parcel of land located on the south side of S.W. 2nd -14- 01/19/99 Street between S.W. 6th and 7th Avenues (Lot 48, Block 15, Town of Delray) to Ebenezer United Christian Wesleyan Methodist Church, and authorize execution of the associated Contract for Sale and Purchase. Lula Butler, Director of Community Improvement, stated the City acquired the subject property in November 1997 from the Lands Available list of parcels that are owned by the County because of non-payment of taxes. There was no out-of-pocket cost to the City for its acquisition. The parcel is a small, non-con- forming lot that is adjacent to vacant land owned by the Church. The Church has offered a purchase price of $2,000.00 and staff recommends acceptance of the offer. Mayor Alperin declared the public hearing open. There being no one who wished to speak on this item the public hearing was closed. , Mr. Schmidt moved to approve the sale of the property to Ebenezer United Christian Wesleyan Methodist Church pursuant to the terms of the Contract for Sale and Purchase. 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. Said motion passed with a 4 to 0 vote. .10.C. ORDINANCE NO. 1-99: An ordinance amending Chapter 96, "Fire Safety and Emergency Services,,, Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transportation in accordance with the Inflation Index Charge applicable to Medicare services and fee schedules. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 1-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES,,, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE ANNUAL INFLATION INDEX CHARGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-99 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- -15- 01/19/99 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. There being no one who wished to speak on this item, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 1-99 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 47-98 (IN LIEU OF PARKING REGULATIONS): An ordinance amending LDR Section 4.6.9(E), "Location of Parking Spaces", and Section 4.4.13(G), "Supplemental District Regula- tions'', in the CBD, regarding 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. (CONTINUED FROM 12/1/98) The City Manager presented Ordinance No. 47-98: 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; AMENDING SECTION 4.4.13, "CEN- TRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G), "SUPPLEMENTAL DISTRICT REGULA- TIONS'', TO EXCLUDE RESTAURANTS FROM THE REDUCED PARKING REQUIREMENT IN THAT CERTAIN AREA OF THE CBD MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A continuation of the public hearing opened on December 1, 1998, and continued to the date certain of January 19, 1999, 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 Alperin declared the public hearing open. Rich McGloln, 2275 North Swinton Avenue and board member of Pineapple Grove Main Street, urged the City Commission to deny Ordinance No. 47-98. -16- 0 /19/99 There being no one else who wished to speak on this item, the public hearing was closed. Mr. Ellingsworth moved to DENY Ordinance No. 47-98 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manager. In response to the inquiry at the last meeting about the right-of-way for Jefferson Road, the City Manager verified that the City has never annexed any part of that right-of-way. The Delray Animal Hospital was annexed into the City in 1989. Both that ordinance and the one that was passed on January 5, 1999, describe the properties by their lot numbers and do not include the right-of-way for Jefferson Road. Reporting on the Palm Beach County League of Cities, the City Manager stated that a presentation was made to the board about the Countywide gun sales ordinance, and it was agreed that the cities would support that as a Countywide ordinance. Presen- tations were also made on the two bond issues the County has proposed for the acquisition of property in the Agricultural Reserve for environmentally endangered land and for parks and recreation and cultural facilities. Another presentation was made on a proposal for a World Trade Center which would be built in Riviera Beach. It was also agreed that the League's attorney would work with the County's consultant and others to develop the concurrency documents for school concurrency and hopefully come up with one set of documents that would be adopted by all of the 27 cities that have to approve it. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt commented that the sidewalk needs to be repaired along the lot that is at the southeast corner of N.E. 1st Street and N.E. 4th Avenue. When the building on Federal Highway was being renovated, there was heavy equipment going in and out and the sidewalk got broken up in a couple of places. Mr. Schmidt also noted that the weeds on that lot are so tall they are hanging over the sidewalk so that needs to be taken care of as well. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Ellingsworth had no comments or inquiries. -17- 01/19/99 13.C.4. Mayor Alperin noted that Fotofusion is currently underway and encouraged everyone to take advantage of this opportunity to see the work of some of the top photographers in the world. There being no further business, Mayor Alperin declared the meeting adjourned at 7:15 p.m. ~C£t~C~erk ATTEST: ' t City Clerk of the City of Delray Beach, The undersigned is he Florida, and the information provided herein is the minutes of the meeting of said City Commission of January 19, 1999, which minute~ were formally approved and adopted by the City Commission ~ity Cl~k NOTE TO RE~ER: If the minutes you have received are not complet- ed 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. -18- 01/19/99