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02-16-99 FEBRUARY 16, 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay A1perin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, February 16, 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 Dan Casselberry, Cason United Methodist 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 as presented, 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 A1perin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of Pebruary 2, 1999, subject to correction of typographical errors on pages 6 and 16. 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 A1perin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 67 Proclamations: 6.A. Calling for the First Nonpartisan Election on March 9, 1999. Mayor Alperin read, in its entirety, a proclamation calling for the First Nonpartisan Election to be held on Tuesday, March 9, 1999, and establishing all of the precincts and polling places in the City of Delray Beach for said election. 7. Presentations: 7.A. Retirement Award to Code Enforcement Officer Arthur Garland for 43 years of dedicated service to the City of Delray Beach. In recognition of his years of service to the City of Delray Beach, Mayor Alperin presented a plaque to Mr. Garland with the inscription, "Retirement Award presented to Arthur Garland. This award of gratitude carries with it our heartfelt thanks for a job well done. February 22, 1956 to February 26, 1999." 7.B. American Cancer Society's Relay for Life. Ms. Jaimebeth Vicidomini, Development Specialist with the American Cancer Society, presented an overview of the Relay for Life event which will be held this year at Spanish River High School in Boca Raton on May 14 & 15, 1999. The purpose of the event is to have fun while raising money to fight cancer and to provide services to cancer patients and their families. A brief video presentation followed. In conclusion, Ms. Vicidomini encouraged everyone to support the American Cancer Society's efforts by participating in this year's Relay for Life. 7.C. Annual Financial Report by Ernst & Young. Mr. Paul Bremer, Ernst & Young, explained that the Annual'Financial Report is for the year ended September 30, 1998. It is divided into four parts; the introductory section, the financial section, the statistical section and the compliance section. Contained in the introductory section is the transmit- tal letter from the City Manager and the Finance Director which is an excellent overview of the financial operations of the City over the past year. Also included in the introductory section is the Certificate of Achievement from the Government Finance Officers Association which is an award for the highest form of financial reporting for government accounting. The financial section contains at page one Ernst & Young's opinion on the City's financial statements. Mr. Bremer noted that in past years this opinion has been unqualified; however, this year there is a slight change in the opinion due to the unprecedented nature of the Year 2000 problem. The Govern- mental Accounting Standards Board has issued a technical memoran- dum that basically says it does not believe that accounting firms/CPAs have the wherewithal to address the Y2K problem nor does it believe that the governmental entities that are reporting have the wherewithal to know all of the issues related to Y2K until January 1, 2000 actually arrives. Hence, Ernst & Young's opinion is qualified just for this one issue but remains unquali- fied in all other respects as in past years. Mr. Bremer continued that the City's undesignated fund balance in the General Fund grew to $6.4 million for the year -2- 2/16/99 ended September 30, 1998. This amounts to just under fifty (50) days of operating expenses for the General Fund, and is consis- tent with good, conservative fiscal accountability. In the Enterprise Funds, the cash flows from operating activities exceeded the City's property additions and debt service. Also included in the financial section is the "Notes to Financial Statements" which provides a lot of detail about the type of funds the City has, the entities that are included such as the CRA, the DDA and the SCRWTD Board, and explanatory information about account balances. It is a very comprehensive addendum to the actual financial statements. The financial section is followed by the statistical section which allows one to look at ten year trend information for a lot of categories such as General Fund revenues, General Fund expenditures, property tax levies, property tax assessments, general debt service and the like. The fourth section is the compliance section. Mr. Bremer stated there are no material weaknesses in the City's internal control nor are there any reportable conditions. Relative to the management letter, Mr. Bremer noted there is a minor recommendation on recordkeeping and recording of revenue in the area of federal and state grants. It had no material effect on the financial statements. Concerning the accounts receivable collection policy, because of the ambulance billing, the amount that is delinquent (over 180 days) has increased. While it is felt that the allowance for uncollectible accounts is adequate, this is an area that needs continual attention as it is easy to let these accounts slide. With respect to bank reconciliations, they are being done and reviewed, but need documentation. Concerning the tennis center contract, there was a question about the timeliness and also the appropriateness of some of the supporting data relative to the revenue that was received. This just needs to be tightened up a bit. With that, Mr. Bremer concluded his remarks and thanked the Commission for the opportunity to serve the City. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the actions ap- proved' by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of January 27, 1999. 8.B. RESOLUTION NO. 9-99 (ALLEY ABANDONMENT/RECTORY PARK): Approve a resolution vacating and abandoning a portion of an east/west alley right-of-way within Block 61, Town of Delray, but reserving and retaining to the City an easement over the entire area thereof, associated with the proposed Rectory development to be located at the southwest corner of Swinton Avenue and Atlantic Avenue, based upon positive findings. -3- The caption of Resolution No. 9-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AN EAST/WEST ALLEY RIGHT-OF-WAY WITHIN BLOCK 61, TOWN OF DELRAY, ASSOCIATED WITH THE PROPOSED RECTORY DEVELOP- MENT TO BE LOCATED AT THE SOUTHWEST CORNER OF SWINTON AVENUE AND ATLANTIC AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. (The official copy of Resolution No. 9-99 is on file in the City Clerk's office.) 8.C. CLOSURE OF S.W. 2ND AVENUE AT S.W. 6TH AND 7TH STREETS: Approve the closure of S.W. 2nd Avenue from SoW. 7th Street north past S.W. 6th Street associated with the construction of a chemical storage building at the Water Treatment Plant. 8.D. ACCEPTANCE OF RIGHT-OF-WAY DEED/DELRAY KAWASAKI DEALER- SHIP: Accept a Right-of-Way Deed from Dee Car Realty, Ltd. granting to the City ten feet (10') of right-of-way for Old Dixie Highway along the western boundary of the Delray Kawasaki Dealer- ship site located at 1900 North Federal Highway (west side of North Federal Highway, approximately 150 feet north of Allen Avenue. 8.E. LANDSCAPE MAINTENANCE AND HOLD HARMLESS AGREEMENTS/ APPLE PROFESSIONAL CENTER: Approve a Landscape Maintenance Agreement and a Hold Harmless Agreement with Apple Holdings Corporation to provide for the installation and maintenance of landscaping and parking along the north property line in the public right-of-way of N.E. 3rd Street, associated with the redevelopment of the former Apple Shop site located at the southwest corner of N.E. 2nd Avenue (Pineapple Grove Way) and N.E. 3rd Street. 8.F. TEMPORARY RIGHT OF ENTRY AND LICENSE AGREEMENT TO PERFORM TESTING AND DUE DILIGENCE/BLOCK 77: Approve an agreement between the City and the CRA (as owners) and Block 77 Development Group, L.C. (as buyer) to provide that the Block 77 developer may enter on the land to perform certain due diligence and testing associated with the purchase and redevelopment of the property. 8.G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/REGIONAL HAZARDOUS MATERIALS RESPONSE TEAM: Approve an Interlocal Agree- ment for Funding of Hazardous Materials Emergency Response Services between Palm Beach County and the City wherein the County will pay to the City a portion of funds provided by the -4- 2/16/99 Solid Waste Authority for the provision of emergency hazardous materials response services within certain zones. 8.H. FLORIDA DEPARTMENT OF TRANSPORTATION APPLICATION FOR LOCAL AGENCY PROGRAM & CERTIFICATION: Approve and authorize the Mayor to sign an Application for Local Agency Program, Local Agency~Certification to the Florida Department of Transportation for the purpose of certifying staff in the areas of in-house design, consultant selection and consultant design. 8.I. RESOLUTION NO. 11-99 (MPO GRANT): Approve a resolution approving the Highway Beautification Grant and Maintenance Memorandum of Agreement with the Florida Department of Transpor- tation related to the Metropolitan Planning Organization grant through Beautiful Palm Beaches for beautification along West Atlantic Avenue (State Road 806) from NW/SW 6th Avenues through NW/SW 10th Avenues. The caption of Resolution No. 11-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT. (The official copy of Resolution No. 11-99 is on file in the City Clerk's office.) 8.J. REMOVED 8.K. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $31,100 for two (2) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP). 8.L. SPECIAL EVENT REQUEST/1999 BUD LIGHT PRO/AM BEACH VOLLEYBALL TOURNAMENTS: Approve a request from Exclusive Sports Marketing for special event approval to allow the 1999 Bud Light Pro/Am Beach Volleyball Tournament to be held April 24 & 25, 1999, and a Summer Volleyball Tournament to be held June 19 & 20, 1999, both at the municipal beach. 8.M. AMENDMENT NO. I TO AGREEMENT BETWEEN THE CITY AND McALPINES TOWING: Approve Amendment No. 1 to the agreement with McAlpines Towing for the towing of vehicles for the Police Department which provides for a transfer of the contract from a sole proprietorship to a corporation (McAlpines Towing to McA1- pines Towing, Recovery and Transport, Inc.). 8.N. RESOLUTION NO. 12-99 (PAWN SHOP LEGISLATION): Approve a resolution in support of proposed legislation providing for amendments to Sections 539.001(15) and (20), Florida Statutes, -5- 2/-16/99 relating to claims against purchased and pledged goods and to local regulation of pawnbrokers. The caption of Resolution No. 12-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING PROPOSED LEGISLATION RELATED TO PAWNBROKERS; PROVIDING FOR AMENDMENTS TO SECTIONS 539.001(15) AND (20), FLORIDA STATUTES, WHICH WOULD REQUIRE PAWNBROKERS TO CONVEY MISAPPRO- PRIATED GOODS TO A VALID CLAIMANT UPON PROOF OF OWNERSHIP AND ALLOW PAWNBROKERS TO RECOVER THEIR COSTS FROM THE CUSTOMER CONVEYING THE MISAPPROPRIATED GOODS; FURTHER PROVIDING THAT POLITICAL SUBDIVISIONS MAY ENACT ORDINANCES MORE RESTRICTIVE THAN THE STATE LAW; ENCOUR- AGING ALL MUNICIPALITIES TO EDUCATE THEIR CITIZENRY ON THE IMPORTANCE OF AND NEED FOR THE PASSAGE OF THIS BILL BY THE LEGISLATURE OF THE STATE OF FLORIDA; PROVIDING FOR THE DISTRIBUTION OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (The official copy of Resolution No. 12-99 is on file in the City Clerk's office.) 8.0. RESOLUTION NO. 10-99: Approve a resolution assessing costs for abatement action required to remove nuisances on twenty-two (22) properties throughout the City. The caption of Resolution No. 10-99 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 ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 10-99 is on file in the City Clerk's office.) 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 1st through 12, 1999. 8.Q. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the estimated annual amount of $10,404.00 to Tanner Industries, Inc., via City of Boynton Beach co-op bid, for the purchase of anhydrous ammonia to be used at the Water Treat- ment Plant, with funding from 441-5122-536- 52.21 (Water Treatment & Storage - Chemicals). 2. Purchase award in the total amount of $23,756.00 to Florida Door Control of Orlando, Inc., sole source provider, for the purchase of a replacement electronic door entry system for the Police Department, with funding from 001-2111-521-64.90 (Police Administrative Services - Other Machinery/ Equipment). 3. Five year lease purchase agreement in the amount of $700,180.21 with IBM Credit Corporation for the lease purchase of two AS/400s Model 9406-620 from IBM Business Partner, Midrange Support and Servic- es, Inc., and approve the down payment of $100,000 from the Repair and Replacement Fund (334-6112-519-64.11). 4. Purchase award in the amount of $27,900.77 to Contemporary Controls and Communications, Inc., sole source provider, for the purchase of eighteen (18) radios for the computerized irrigation system, with funding from 001-4131-572-64.90 (Parks Maintenance - Other Machinery/Equipment). Mr. Schmidt moved to approve the Consent Agenda, seconded by Mr. Randolph. 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. PROPOSAL REGARDING SALE OF TENNIS CENTER NAMING RIGHTS: Consider a proposal to sell naming rights for the Delray Beach Tennis Center/Stadium. Brahm Dubin discussed the fact that the Delray Beach Tennis Center has come to be a recognized name in the tennis world, and now he felt it was time to sell naming rights. Key elements of the proposal, which would essentially be a partner- ship between the City, the County and a major corporation, include a new 2-sided electronic marquee sign located on Atlantic -7- 2/16/99 Avenue in front of the Tennis Center, televised matches on the Chris Evert Pro Celebrity Tennis Classic and the ATP Tournament, and the money which Mr. Dubin projected would be $650,000 over three years, with $175,000 payable in year one, $225,000 in year two, and $250,000 in year three. Mr. Dubin noted that every major stadium has naming rights and he felt the time is right to move forward as long as it is done with taste and choosing the right company which will be controlled by the Commission. He urged the City Commission to favorably consider the proposal to sell naming rights which will help to pay for the ATP Tournament and will ultimately benefit all of Delray Beach as it will serve to further promote the City. Mr. Dubin further commented there is every reason to believe the City will also receive $85,000 per year from Palm Beach County's Tourist Development Council, no strings attached, for the first three years of the ATP Tournament. The element the County would get would be the national and international TV recognition from the telecasts. Following a brief discussion, it was the consensus of the City Commission to approve releasing the proposal and author- ize Mr. Dubin and City staff to negotiate for sale of the naming rights for the Tennis Center. The City Manager noted that any proposal for a contract would be brought back to the City Commis- sion for consideration. 9.B. SPECIAL EVENT REQUEST/4TH ANNUAL WINTER STREET CRAFT FESTIVAL: Consider a request from Howard Alan Events for special event approval for the 4th Annual Delray Beach Winter Street Craft Festival to be held on February 27-28, 1999, including a temporary use permit for the use of NE/SE 4th Avenue (one block north and south of Atlantic Avenue) and staff support for barri- cading and security. Robert A. Barcinski, Assistant City Manager, gave a brief overview of what will be involved with this particular event.~ He recommended endorsement of the event, approval of the temporary use permit, and approval of staff support for barricad- ing and police security with the sponsor paying all overtime costs, contingent upon receipt of the required liability insur- ance and hold harmless agreement. Mr. Schmidt moved to approve the special event request for the 4th Annual Delray Beach Winter Street Craft Festival as recommended by staff. The motion was seconded by Mrs. Archer. Upon r~ll 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. 9.C. APPROPRIATE PRICE-FIXING CASE SETTLEMENT FUA]DS FOR ROAD RECONSTRUCTION: Accept $27,913.35 from the Office of Attorney General as the City's share of a settlement fund to resolve the petroleum products price-fixing case, and appropriate this money -8- 2/16/99 to the capital budget for the purpose of street reconstruction and resurfacing. The City Manager stated that a check in the amount of $27,913.35 was received late last month from the State of Flori- da, representing the City's share of the settlement in the petroleum price-fixing case which was filed back in the 1970's by the State of Plorida. Ail settlement funds can only be used for road construction and maintenance. The Engineering Division is currently planning this year's street resurfacing program and needs to know that these additional funds are available for that program. So, rather than waiting until the mid-year adjustment, the City Manager recommended that the $27,913.35 settlement money be appropriated directly to the capital budget for street recon- struction and resurfacing. Mr. Ellingsworth moved to appropriate the price-fixing case settlement funds in the amount of $27,913.35 to the capital budget for street reconstruction and resurfacing purposes. The motion.was seconded by Mr. Randolph. Upon roll call the Commis- sion 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.D. REMOVED 9.E. PALM BEACH INTERNATIONAL FILM FESTIVAL SPONSORSHIP: Consider approval of a sponsorship in support of the Palm Beach International Film Festival scheduled for April 9-18, 1999. The City Manager stated this is the Festival's fourth year and we have again received a request for support. This item was not included in the budget at the beginning of the year, but there are funds available in the City Manager's contingency account that could be used to support the Festival if the Commis- sion wishes to do so. After discussion, Mr. Randolph moved to approve a $5,000 sponsorship for the Palm Beach International Film Festival to be funded from City Manager's contingency account. The motion was seconded by Mrs. Archer. 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. 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. 5-99: An ordinance rezoning a parcel of land owned by St. Vincent Ferret Church, located 480 feet south of George Bush Boulevard between N.E. 8th Avenue and Palm Trail, -9- 2/16/99 from R-I-AA (Single Family Residential) District 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-JUDICIAL HEARING 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 (SINGLE FAMILY RESIDENTIAL) 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 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 and 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, Principal Planner, entered the project file into the record. He stated that the subject rezoning is corrective in nature and involves a 3.4 acre parcel located immediately south of the existing St. Vincent Ferrer Church. The property has been part of the church's holdings since the mid- 1970's. With the City-wide rezonings in 1990, the northern portion of the church property was rezoned but the south parcel was inadvertently left out of that action. The corrective rezoning was initiated by the City Commission in January, 1999, and the Planning and Zoning Board considered the application at a public hearing on January 25, 1999, and voted unanimously to recommend that the rezoning be approved based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D) (5) of the Land Development Regulations and policies of the Comprehensive Plan. 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. 5-99 on Second and FINAL Reading based upon the findings and recommenda- tion of the Planning and Zoning Board. The motion was seconded -10- 2/16/99 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. 10.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. 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. 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 S.W. 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 and stated the 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, Principal Planner, entered the project file into the record. He stated the 0.41 acre parcel consists of two lots the City has acquired located immediately east of the Water Treatment Plant. The rezoning is proposed to accommodate construction of a chemical storage building for that facility. The Planning and Zoning Board considered the petition at a public -11- 2/16/99 hearing on January 25, 1999. One resident spoke in opposition as he was concerned about the nature of the chemicals that would be stored on-site. Mr. Dorling noted the chemicals in question are inert and non-hazardous. The Planning and Zoning Board voted unanimously to recommend approval of the rezoning, based upon positive findings. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Ellingsworth moved to approve Ordinance No. 6-99 on Second and FINAL Reading based upon the findings and recommenda- tion of the Planning and Zoning Board. The motion was seconded by Mr. Randolph. 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. 10.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. 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. 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", SUBHEADING "ADVISORY BOARDS AND COMMITTEES", SECTION 32.08, "LENGTH OF TERMS; RESTRIC- TIONS'', BY REPEALING SUBSECTION (E), AND PROVIDING A NEW SUBSECTION (E), TO PROVIDE FOR A PROHIBITION OF 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. 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. -12- 2/16/99 Mayor Alperin declared the public hearing open. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 7-99 on Sedond and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes; Mr. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearinqs. ll.A. City Manager's response to prior public comments and inquiries. In response to the inquiry about the status of plans for the Lake Ida Road widening, the City Manager reported that the County has advised the project is under design by one of their consultants. The planned completion date is October, 1999. The roadway is being designed as a four-lane divided section, similar to the widening project east of Congress Avenue, and no traffic calming features are being proposed in the current design. Construction is scheduled to begin the first quarter of the year 2000. In response to the inquiry about the status of the blue metal building on Lake Ida Road, the City Manager stated there are currently two code enforcement cases involving that particu- lar property. One involves the location and quantity of parking spaces, parking surfaces and the utilization of appropriate garbage receptacles. This case was heard on October 27, 1998, and the Code Enforcement Board gave the property until May 10, 1999, to correct the violations. The Board further ruled that an accrued, but unassessed, fine of $5,975 would be recorded as a lien if the property owner did not comply by the May 10th dead- line. The second case involved construction work done without permits on the interior of the building. There is presently a fine of $1,715 recorded as a lien against the property. Another noncompliance hearing is scheduled for March 9, 1999. If there is no compliance by the March 9th hearing, an additional fine of approximately $3,270 could be assessed. At this time there are no active building permits on the property. Unpaid liens author- ized to be filed by the Code Enforcement Board may be foreclosed by the local governing body's attorney after three (3) months from the filing of the lien. ll.B. From the Public. 11.B.1. Jerry Marshall, 2245 S.W. 22nd Avenue, stated that volunteers are needed in the public schools to help out in various areas. Mr. Marshall suggested that consideration be given to allowing City employees to help out in this regard, possibly by allowing employees to be paid for taking an hour or -13- 2/16/99 so out of the work week to go into a school to work with a child. Mr. Marshall felt this would be good public relations as it would show that the City really is interested in helping out with education in the City. ll.B.2. Mr. Hereaux Blanc, 220 Davis Road, expressed concern about how the people living on the south side of the bridge across the L-32 Canal between the Sudan and Delray Shores subdi- visions would be able to leave their neighborhood in the event the bridge were to go out. 12. FIRST READINGS: 12.A. ORDINANCE NO. 8-99: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.22, "Vegetative Waste", Section 51.23, "Bulk Trash", Section 51.40, "Placement of Containers and Trash; Precollection Practices", all to clarify the set out times and fees charged, and amending Section 51.99, "Penalty", to clarify the penalty for a violation. If passed, a public hearing will be scheduled for March 2, 1999. The City Manager presented Ordinance No. 8-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.22, "VEGETATIVE WASTE", TO CLARIFY THESET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.23, "BULK TRASH", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.40, "PLACE- MENT OF CONTAINERS AND TRASH; PRECOLLECTION PRACTICES", TO CLARIFY THE SET OUT TIMES AND FEES CHARGED; BY AMENDING SECTION 51.99, "PENALTY", TO CLARIFY THE PENALTY FOR A VIOLATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Randolph commented that in the ordinance, it refers to items being placed at 'curbside' While the word 'curbside' is pretty clear, there are areas that do not have curbing. Mr. Randolph suggested the wording might better be amended to read 'streetside' or something along this line. The City Attorney concurred, noting that this change would not be substantive, simply a clarification. She stated she would revise the ordi- nance accordingly prior to consideration on second and final reading. -14- 2/16/99 Mr. Schmidt moved to approve Ordinance No. 8-99 on First Reading, seconded by Mr. Randolph. 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. At this point, the Commission returned to Item 9.F. on the regular agenda. 9.F. SETTLEMENT/REIDER V. CITY: Consider a proposed settle- ment of the referenced matter. The City Attorney stated that the Plaintiff, through his attorney, has offered to settle this case for $1,500.00, including all attorney's fees and costs. Staff recommends approval of the settlement. Mr. Schmidt moved to approve settlement of Reider v. City of Delray Beach in the amount of $1,500.00. The motion was 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer. In response to the concerns expressed by Commissioner Randolph about speeding in the City, the City Manager stated that the POlice Department is working on a comprehensive traffic enforcement plan, including an education element. It is some- thing that many people have expressed concern about and the Police Department is hoping to develop a way of dealing with it that will correct some of the driving practices we see around town, speeding in particular, because it is a major issue of concern. The City Manager then reported that at the Palm Beach County League of Cities Board meeting on February 10, 1999, the Airport Noise Committee vacancy was filled with the appointment of West Palm Beach City Commissioner Jeff Koons. The Treasure Coast Regional Planning Council position will be left open until after the March elections. The Board also approved the interim director contract with Mr. Titcomb. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt had no comments or inquiries. -15- 2/16/99 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Ellingsworth had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin stated he would not be able to attend the Managers and Mayors meeting on Thursday, February 18th, as he and the City Manager will be attending a Chamber of Commerce func- tion. He asked if somebody else from the City could attend on his behalf. Mayor Alperin stated he had received a request from the Nature Conservancy and National Audubon Society to endorse the March 9th bond issue question for the acquisition of land for conservation purposes. The Mayor asked if the City Commission wished to take a position on the matter, one way or the other. It was the consensus of the Commission not to take an official stand on the matter. There being no further business, Mayor Alperin declared the meeting adjourned at 7:20 p.m. JCity C~rk ' 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 16, 1999, which minutes were formally approved and adopted by the City Commission ' ~ City C~k' -r NOTE TO READER: If the minutes you have received are not com- pleted, as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions.