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03-16-99 MARCH 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, March 16, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay A1perin Absent - None Also present were City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Richard Evans with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor A1perin noted the modification to Item 9.E.1., Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment with Tenet Healthcare Corporation, reversing paragraphs (3) and (4) on page 6 of the agreement so that Fair Oaks will be annexed before Lago Vista in order to prevent creation of an enclave. Mayor A1perin noted the addition of Item 9.0., Impacts of Blue Lake Development on Delray Beach, and Item 9.P., Final Results of Municipal Election/Commission Seat #3, to the regular agenda by addendum. Mayor A1perin stated that a request had been received to postpone Item 9.A., Conditional Use Request/Specialty Retail Store (Bazaar) in Former Winn Dixie Building, until the April 6, 1999 regular meeting. Mayor Alperin further noted the distribution of a modified Ordinance No. 10-99 (Item 12.B.) to include a paragraph that was inadvertently omitted from the initial draft. Mr. Schmidt asked that Item 8.C., Change Order #l/Delta Petroleum & Industrial, Inc. (Police Department Fuel Tanks & Service Island), and Item 8.E., Review of Appealable Land Devel- opment. Board Actions, be removed from the consent agenda and considered at the beginning of the regular agenda. Mr. Randolph moved to approve the agenda as amended, seconded by Mr. Ellingsworth. 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. 5. Approval of Minutes: Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of March 2, 1999, and the Special Meeting of March 10, 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. Recognizing and commending the 1999 Senior Games Medal Winners for their athletic achievements. Mayor Alperin read and presented a proclamation in recognition of the following multiple medal winners at the 1999 Senior Games, commending each of them for their spirit and enthusiasm: Dr. Syd Sude - 11 Gold Medals (6 in track and field, 4 in swimming, and 1 in basketball skills) Loring Holmes - 9 Medals (4 Gold and 5 Silver, all in swimming) Herbert Furash - 9 Medals (4 Silver and 5 Bronze, all in swimming) Alvin Malthaner - 8 Medals (6 Gold, 1 Silver and 1 Bronze, all in swimming) Edythe Carter - 6 Gold Medals (1 in basketball skills and 5 in track and field) Robert Spaulding - 6 Gold Medals (all in swimming) Justin Langsner - 6 Medals (1 Gold in basketball skills, 1 Gold in table tennis, 1 Silver in paddleball, 1 Silver in track and field, 1 Silver in table tennis, and 1 Bronze in swimming) Marvin Kleinman - 5 Medals (1 Gold, 2 Silver and 2 Bronze, all in swimming) Jane Krauser - 4 Gold Medals (all in swimming) 2 03/16/99 Alan Rappaport - 4 Gold Medals (all in swimming) Barry Kittredge - 4 Medals (1 Gold in swimming, 1 Gold in table tennis, 1 Gold in racquetball, and 1 Bronze in basketball skills) Murray Eager - 3 Medals (2 Gold and 1 Silver, all in swimming) Norman Tinkle - 3 Medals (1 Gold and 2 Silver, all in table tennis) Marry Zevin - 3 Medals (1 Gold and 1 Silver in tennis, and 1 Silver in table tennis) 6.B. Building Safety Week - April 4 through 10, 1999 Mayor Alperin read and presented a proclamation in recognition of Building Safety Week during the period April 4th through April 10, 1999. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 7. Presentations: 7.A. RESOLUTION NO. 17-99: A resolution recognizing and commending Commissioner Kenneth C. Ellingsworth for his many years of dedicated service to the City of Delray Beach. The caption of Resolution No. 17-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING KENNETH C. ELLINGSWORTH POR HAVING SERVED WITH DISTINCTION AS COMMISSION- ER OF THE CITY OF DELRAY BEACH FROM NOVEMBER OF 1992 THROUGH MARCH OF 1999. (The official copy of Resolution No. 17-99 is on file in the City Clerk's office.) Mayor A1perin read Resolution No. 17-99 in its entire- ty. Upon motion by Mr. Randolph and second by Mr. Schmidt, Resolution No. 17-99 was approved by acclamation of the City Commission. Mayor Alperin also presented a plaque to Commission- er Ellingsworth, with the inscription "Presented to Ken Elling- sworth With Gratitude for Your Tireless and Unrelenting Efforts in the Interests of the City of Delray Beach. We Present this Award as a Constant Reminder of a Job Well Done and to Express Our De%p Appreciation For Your Important Personal Contribution Through The Devoted Years You Have Shared With The City of Delray Beach. November 17, 1992 to March 25, 1999." 3 03/16/99 At this point, Mr. Ellingsworth introduced his wife, Puddy, and his son, Howard, who were seated in the audience. He then stated that the last 6-1/2 years had given him the opportu- nity to get to know and work with the employees of the City of Delray Beach who are very fine people. He thanked the employees for what they do every day to help make Delray Beach the fine community that it is, and also expressed his appreciation to Susan Ruby, the City Attorney, and David Harden, the City Manag- er, for the excellent jobs they have done. Mr. Ellingsworth concluded by acknowledging the many fine members of the City Commission with whom he has served over the years, including Mrs. Barbara Smith, Tom Lynch, Armand Mouw, Kevin Egan, David Ran- dolph, Mayor Jay Alperin, David Schmidt and most recently Pat Archer. He stated it has been an honor to serve with all of these individuals and thanked everyone for the memories. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. ACCEPTANCE OF WARRANTY DEED/THE RECTORY: Accept a Warranty Deed from Aeacus Real Estate Limited Partnership (The Rectory project at the southwest corner of Swinton Avenue and Atlantic Avenue) for a portion of Lot 5, Block 61, to provide a wide turning radius for the waste hauler to make a right hand turn from the east-west alley onto the north-south alley behind The Rectory. 8.B. MODIFICATION OF STANDARDS FOR APPROVAL/FINGER PIER AT 325 S.E. 7TH AVENUE: Approve a modification of standards for approval pursuant to LDR Section 7.9.4(A) to allow the construc- tion of a finger pier dock extending 35 feet out from the proper- ty line at 325 S.E. 7th Avenue. 8.C. THIS ITEM WAS MOVED FROM THE CONSENT AGENDA TO THE BEGINNING OF THE REGULAR AGENDA FOR CONSIDERATION. 8.D. APPOINTMENT OF OUTSIDE COUNSEL/ELAINE WHITE V. CITY OF DELRAY BEACH, ET AL: Approve the appointment of outside counsel in the referenced matter as recommended by the City Attorney. 8.E. THIS ITEM WAS MOVED FROM THE CONSENT AGENDA TO THE BEGINNING OF THE REGULAR AGENDA FOR CONSIDERATION. 8.F. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $12,569.00 to Gateway, via Florida State contract, for the purchase of six (6) personal computers to replace six diskless personal computers currently in the MIS training room, with funding from 334-6112- 519-64.11 (Renewal & Replacement/Computer Equip- ment). 2. Purchase award in the amount of $48,492.50 to Fisher Scientific Company for the purchase of 85 -4- 03/~6/99 Scott Aviation Self Contained Breathing Apparatus (SCBA), to upgrade from the current 2.2 units to the smaller, lighter and less fatiguing 4.5 carbon cylinders. Funding is from 001-2315-526-64.90 (Fire Operations - Other Machinery/Equipment). Purchase award in the amount of $16,999.80 to Laerdal Medical Corporation, sole source provider, for the purchase of six (6) automatic electronic defibrillators for use by the Fire Department, with initial funding from 001-2315-526-64.90 (Fire Operations - Other Machinery/ Equipment) to be reimbursed by the State of Florida County Grant Award Program. 4. Purchase award in the amount of $13,852.00 to Lucent Technologies, sole source provider, for the upgrade of the AT&T 75 phone system at the Police Department to make it Year 2000 compliant, with funding in the amount of $10,840 from 334-6111-519-64.90 (Other Machinery/Equipment) and $3,012 from 112-2172-521-52.27 (Law Enforcement Trust Fund). Mr. Schmidt moved to approve the Consent Agenda, as amended, 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. At this point, the Commission considered the two (2) items removed from the consent agenda at the request of Mr. Schmidt0 8.C. CHANGE ORDER #l/DELTA PETROLEUM & INDUSTRIAL, INC. (POLICE DEPARTMENT FUEL TANKS & SERVICE ISLAND): Approve Change Order #1 in the amount of $22,300.00 and a 120 calendar day extension to the contract with Delta Petroleum & Industrial, Inc. for additional services and materials associated with the remedi- al work at the Police Department fuel tanks and service island, with funding from 334-6112-519-62.10 (General Construction Fund - Buildings). Mr. Schmidt stated that in reviewing the backup infor- mation on this item, he noted that the reason the City was having to replace this line was that the as-built plans showed that the line was fiberglass, but it turned out that it really was not fiberg%ass. He asked if there was a possibility of seeking any recourse against whoever installed the pipe in the first place? In response, Richard Hasko, Director of Environmental Services, stated that staff is looking into this aspect although the line was put in the ground in 1985 and it has been somewhat difficult to trace the project back. The City Attorney stated -5- 03/16/99 she would look into the matter to see if any recourse can be pursued. Mr. Schmidt moved to approve Change Order #1 with Delta Petroleum & Industrial, Inc., seconded by Mr. Ellingsworth. 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. 8.E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 1st through March 12, 1999. Mr. Schmidt stated that he had removed this item from the consent agenda as it is his understanding that SPRAB Item E. (storefront awnings at the Nutrition Cottage and Mixed Bag) is scheduled for reconsideration by the Site Plan Review and Appear- ance Board at their March 17th meeting, and the Planning Depart- ment felt that it should not be accepted by the City Commission at this point. Diane Dominguez, Director of Planning and Zoning, explained that the situation involves two separate businesses where each business wanted a different color awning. At the March 3rd SPRAB meeting, only one of the businesses was repre- sented and that business ended up choosing the other business owner's awning color. The business owner who was not present on March 3rd asked for reconsideration at the March 17th meeting because she has a problem with the remaining color. In view of this, Ms. Dominguez did not want the SPRAB action of March 3rd to be accepted by the City Commission until SPRAB has the opportuni- ty to reconsider the matter. Mr. Schmidt moved to appeal SPRAB Item E. (storefront awnings at the Nutrition Cottage and Mixed Bag, located on the north side of East Atlantic Avenue between N.E. 4th and 5th Avenues) to the next regular City Commission meeting of April 6, 1999, ~ecognizing that the issue may become moot depending on the outcome of the Site Plan Review and Appearance Board reconsidera- tion scheduled for March 17, 1999. 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. Mr. Randolph moved to receive and file the Report of Appealable Land Use Items for the period noted, with the excep- tion of SPRAB Item E. related to the storefront awnings at the Nutrition Cottage and Mixed Bag. 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. 6 03/16/99 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/SPECIALTY RETAIL STORE (BAZAAR) IN FORMER WINN DIXIE BUILDING: Consider a request for condition- al use approval to allow the establishment of a specialty retail store {bazaar) within the former Winn Dixie building, located at the northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street. QUASI-JUDICIAL PROCEEDING Mayor A1perin stated that a request had been received from the applicant for a postponement to the regular City Commis- sion meeting on April 6, 1999. Mr. Ellingsworth moved to postpone the quasi-judicial proceeding for the conditional use request for the specialty retail store {bazaar) in the former Winn Dixie building to the date certain of April 6, 1999. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperiu - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.B. NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN. Consider approval of a redevelopment plan for the North Federal Highway corridor between N.E. 4th Street and the north city limits, to provide a framework for future redevelopment of the corridor. Ron Hoggard, Senior Planner, presented an overview of the changes which have occurred along the North Federal Highway corridor since the redevelopment plan was first discussed about two years ago. The roadway was recently reconstructed by the Florida Department of Transportation with bike lanes added along the road. Some of the median cuts have been closed which has had a positive benefit in some of the residential areas to the east, specifically Bond Way. Most importantly, private development initiatives have occurred including the redevelopment of the Swap Shop property, the Yake property now has an approved plan for The Estuary development, Kokomo Key is complete, Ellie's has expand- ed, and the old Miller Dodge site has the Kawasaki dealership coming in soon. Ail of these things have had a very positive impact on the North Federal Highway corridor and subsequently have changed the strategy somewhat for the corridor's redevelop- ment. The earlier plan had a lot more government intervention. Now, the public sector's role is primarily to provide direction with the redevelopment to be accomplished mainly through private sector.initiatives. With respect to the Future Land Use Map designations in the area, no changes are recommended at this time. However, the City will continue to look at the area just north of 4th Street and south of George Bush Boulevard for a potential expansion of the Commercial Core designation so that CBD zoning could be applied in this area in the future. It is anticipated that an 7 03/16/99 application will be received shortly for a new Publix supermarket to bec~me part of this area. In terms of zoning, only one change to the current zoning is recommended at this time. It involves eight (8) parcels in the area of Bond Way and N.E. 8th Avenue to be rezoned from RM (Multiple Family Residential - Medium Density) to RL (Multiple Family Residential - Low Density). RL zoning exists both north and east of this area and seven of the eight parcels to be rezoned are currently developed as single family homes. Mr. Hoggard then discussed the proposed building placement envisioned on North Federal Highway, that being a neo-traditional approach consisting of buildings located closer to the roadway's edge with wide, shade-covered sidewalks and pedestrian scaled lighting and other street furniture. Proposals for improving the appearance of the Dixie Highway corridor include placement of a bike path between the railroad and Dixie Highway, adding street trees on both sides of the road and on-street parallel parking and a sidewalk on the east side of the street. Mr. Hoggard reviewed various other improvements included in the plan such as the location of a police substation in the area, residential neighborhood stabilization including beautifi- cation and street lighting, and the possibility of a neighborhood park. In summary, Mr. Hoggard reviewed the preliminary cost estimates for improvements included in the plan totaling some $1,142,638.00. Funding for some public improvements may be available from the City or through the Community Redevelopment Agency's tax increment generated by new development and redevel- opment in the North Federal Highway corridor. Other improvements will be financed in part through the establishment of one or more special assessment districts created pursuant to the plan. Mrs. Archer moved for the adoption of the North Federal Highway Redevelopment Plan, seconded by Mr. Schmidt. 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/WALGREENS RED RIBBON RIDE: Consider a request for special event approval for the Walgreens Red Ribbon Ride to be held on March 28, 1999, including a tempo- rary use permit for the use of Anchor Park from 6:00 a.m. to 10:00 a.m., and staff support for traffic control, barricading and trash container set up and removal. Robert A. Barcinski, Assistant City Manager, stated the request is for the use of Anchor Park on Saturday, March 28th, from 6:00 a.m. to 10:00 a.m. as a pit stop along the bike route. The event volunteers will set up the site for assistance to the riders and will clean up the site. The City's involvement would be to 'set up carboard trash containers, barricade the lot and -8- 03/16/99 provide traffic control. Traffic control can be done with on-duty personnel and barricading the lot for this use would require minimum time. Trash containers can be set out by the crew putting up barricades that morning. Approval of the request is recommended. Mr. Schmidt moved to approve the special event request for the Walgreens Red Ribbon Ride on March 28, 1999, as recom- mended by staff. The motion was seconded by Mrs. Archer. 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. 9.D. APPLICATION TO S.F.W.M.D. FOR CITY-OWNED MITIGATION AREA RELATED TO THE ESTUARY PROJECT: Consider authorizing the City to act as co-applicant with Delray Estuaries, L.C. in an application to the South Florida Water Management District for a permit, to allow the use of City-owned property as a mitigation area related to The Estuary project. Prior to consideration of this item, the City Manager disclosed that his son is a wildlife biologist employed by C&N Environmental Consultants, Inc. that prepared the mitigation plan for this site. Brian Shutt, Assistant City Attorney, explained that the request is for the City to act as a co-applicant with the developer of the property in an application to the South Florida Water Management District to allow City-owned property to be used as a mitigation area in connection with The Estuary development. S.F.W.M.D. rules require the owner of a property to be a party to the application. Mr. Shutt noted this is the first step in the process; there will be some other agreements coming along later after some of the details are worked out. Mr. Schmidt moved to approve the application to the South Florida Water Management District for a permit to allow the use of City-owned property as a mitigation area related to The Estuary project. 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. AGREEMENTS WITH TENET HEALTHCARE CORPORATION: 1. Consider approval of an Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment with Tenet Healthcare Corporation to provide for annexation of four parcels of land over a period of time and consent to the stormwater assessment when annexed. 2. Consider approval of an Agreement and General Release with Tenet Healthcare Corporation to 9 03/16/99 provide for reimbursement of monies to the hospi- tal due to expansion and upgrades made by the hospital to provide water and sewer service for the benefit of third parties. With respect to the first agreement (Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment), the City Attorney noted there is a phased approach to the actual annexation program which is contained in the agreement and shown on the revised map which was distributed prior to the meeting. Ms. Ruby further stated that the agreement needs to be revised slightly to provide that Tenet Health System Hospitals, Inc., which is a subsidiary of Tenet Healthcare Corporation and the owner of Palm Court property, is a party to the agreement. The annexation program will commence in 2001, with the final phase coming into the City in 2011. Mr. Ellingsworth moved to approve the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment, as amended per the City Attorney. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion 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. As to the second agreement (Agreement and General Release), the City Manager explained that there was an agreement entered into between the City and the hospital back in 1981. Under the terms of that agreement, the hospital extended water and sewer lines for a couple of miles to serve its property. After the lines were extended there were other customers that hooked on to the system. Under the terms of the agreement, the company that owned the hospital at the time was to get some money back from those connections. Unfortunately, the agreement was not well written and is not clear exactly how all of that was to be computed. This has now been worked out with Tenet and the subject agreement will settle that issue as far as any money due from the City to the hospital. Mrs. Archer moved to approve the Agreement and General Release with Tenet Healthcare Corporation, 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. 9.F. CONTRACT AWARD/MAN-CON, INC.: (NORTHWEST/SPADY AREA DRAINAGE, ROADWAY AND UTILITY IMPROVEMENTS): Consider approval of a contract award in the amount of $924,596.00 to Man-Con, Inc. for construction of the N.W. Area (Spady Area) Drainage, Roadway and Utility Improvements project, with funding in the amount of $128,223 from 334-3162-541-61.17 (General Construction Fund - Street Reconstruction), $573,509 from 448-5411-538-63.69 (Storm- water Utility - Spady Area/NW 3rd Street), $216,864 from -10- 03/16/99 442-5178-536-61.78 (W&S Renewal and Replacement/Water Distribu- tion Improvements); and $6,000 from 442-5178-536-63.51 (Sewer Main Rehabilitation). Mr. Ellingsworth moved to approve the contract award to Man-Con, Inc. for the Northwest/Spady Area Drainage, Roadway and Utility Improvements project, seconded by Mr. Schmidt. 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.G. CONTRACT ADDITION (C.O. #3)/PAVEX CORPORATION (1999 STREET RESURFACING PROGRAM & CITY PARKING LOT NORTH OF HAND'S): Consider approval of a contract addition (C.O. ~3) in the amount of $93,465.80 with Pavex Corporation under the 1998 Street Resurfacing contract to include the resurfacing and restriping of various streets included in the 1999 street resurfacing program as well as the resurfacing/restriping of the City parking lot behind Hand's, with funding from 334-3162-541-61.17 (Street Reconstruction). Mr. Schmidt moved to approve the contract addition (C.O. #3) with Pavex Corporation for the 1999 Street Resurfacing Program and the City parking lot behind Hand's. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor A1perin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.H. CONTRACT ADDITION (C.O. #i)/CHAZ EQUIPMENT (BAY STREET WATER, STORM DRAIN AND ROAD RECONSTRUCTION): Consider approval of a contract addition (C.O. #1) in the amount of $127,965.00 with Chaz Equipment Co., Inc. under the Dotterel Road Reconstruc- tion contract to include water main and storm drain installation and road reconstruction of Bay Street from Venetian Drive to Gleason Street, with funding in the amount of $49,660 from 448-5411-538-62.29 (Stormwater - Nassau/Venetian/Bay Street), $26,350 from 334-3162-541-61.17 (Street Reconstruction), and $51,955 to be reimbursed by Ironwood Properties. Mr. Randolph moved to approve the contract addition (C.O. #1) with Chaz Equipment Company for the Bay Street water, storm 'drain and road reconstruction project. 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. 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: -11- 03/16/99 10.A. ORDINANCE NO. 11-99: An ordinance rezoning a parcel of land located on the north side of Old Germantown Road, approxi- mately 1,300 feet west of Homewood Boulevard and immediately east of Spanish Wells, from A (Agricultural) to RM-8 (Medium Density Residential/8 units per acre) District. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a quasi-judicial public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 11-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED A (AGRICULTURAL) DISTRICT IN THE RM-8 (MEDIUM DENSITY RESIDEN- TIAL/8 UNITS PER ACRE) DISTRICT; SAID LAND BEING LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, IMMEDIATELY EAST OF SPANISH WELLS CONDOMINIUM, AS THE SAME IS 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 official copy of Ordinance No. 11-99 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. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated the action involves a 1.4 acre parcel of land that has an underlying Future Land Use Map designation of Medium Density Residential. The application is for rezoning to RM which would allow 6 to 12 units per acre. Ms. Dominguez noted there was a previous proposal for rezoning of this property in 1997. At that time the owner wanted to construct 17 townhouses which equated to a density of 12 units per acre, or the maximum allowed under the RM zoning. The Planning and Zoning Board recommended a density suffix of 8 units per acre. When the rezoning was considered by the City Commis- sion, the motion was to approve rezoning the property to RM-6 which passed on a 3 to 1 vote. The applicant subsequently withdrew the rezoning petition. Ms. Dominguez continued that the current proposal is to construct 11 townhouses on the property which equates to a density of approximately 7.7 or 8 units per acre. In terms of adjacent development, on the south side of Germantown Road is -12- 03/16/99 generally low density single family residential; on the north side is multi-family medium density ranging from 4 units per acre up to 17 units per acre. The recommended density of 8 units per acre is consistent with the underlying land use and is compatible with the densities of surrounding developments. Also, since the previous rezoning proposal in 1997, performance standards have been adopted for the RM zoning district so any density above 6 units per acre would require compliance with at least some of those standards. The Planning and Zoning Board considered the rezoning at a public hearing on February 22, 1999, and voted unanimously to recommend approval of the rezoning with the density suffix of 8 units per acre. 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. 11-99 on Second and FINAL Reading based upon the findings and recommen- dation of the Planning and Zoning Board. The motion was seconded by Mr. Schmidt. 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 vCte. 10.B. ORDINANCE NO. 12-99: An ordinance amending various sections of the Land Development Regulations (4.6.3, 5.3.1, 6.1.2 and 6.1.4) regarding infrastructure improvement obligations. 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. 12-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.3, "ACCESS REQUIREMENTS AND RESTRICTIONS", SECTION 5.3.1, "STREETS (RIGHTS-OF-WAY) ", SUBSECTION 5 . 3 . 1 (E) , "IMPROVEMENT OBLIGATIONS" , SECTION 6 . 1 . 2 , "STREET DESIGN" , AND SECTION 6 . 1.4, "DRIVE- WAYS AND POINTS OF ACCESS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO CLARIFY AND CONSOLIDATE PUBLIC INFRASTRUCTURE REQUIREMENTS AND OBLIGATIONS FOR SITE DEVELOPMENT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-99 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- -13- 03/16/99 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. 12-99 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: 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.C. ORDINANCE NO. 13-99: An ordinance amending Chapter Three, "Performance Standards", of the Land Development Regula- tions regarding required findings for land development applica- tions. 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. 13-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER THREE, "PERFORMANCE STANDARDS", TO CONFORM WITH THE OBJECTIVES AND POLICIES OF THE EVALUATION AND APPRAISAL REPORT (EAR) BASED COMPREHENSIVE PLAN; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-99 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. There being no one who wished to speak on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 13-99 on Second'and FINAL Reading based on the findings and recommendation of the Planning and Zoning Board. The motion was seconded by Mr. Schmidt. 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. -14- 03/16/99 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. There were no prior public comments or inquiries requiring a response. ll.B. From the Public. 11.B.1~ Gerald DeFoe, 142 Mockingbird Lane in Country Manors and Immediate Past President of Progressive Residents of Delray (P.R.O.D.), extended sincere thanks on behalf of the members of P.R.O.D. to Commissioner Ellingsworth for his service to the City and personally commended Mr. Ellingsworth for his actions while sitting on the City Commission. 11.B.2. Frank Devine, 2200 South Ocean Boulevard, on behalf of the Beach Property Owners Association, extended a very special word 6f appreciation, commendation and thanks to Commissioner Ellingsworth for all that he has done. 11.B.3. Shirley E. Johnson, 701 N.W. 4th Street, made the following comments: (1) Concerning the new ordinance which deals with the setting out of trash, she both welcomes and has reserva- tions about this law. While it should serve to improve the appearance of her neighborhood, she wondered how it wil affect those absentee property owners with vacant lots. These lots have in many cases become the dumping ground for trash haulers and lawn maintenance businesses. Ms. Johnson questioned if the new law would cause lawsuits against the City because of the liens that will be put against the property owners, and eventually will the City become the owner of these lots through these liens? She feels there are already many lots owned by the City that are not kept up and grass is allowed to grow over the limit. Even though the new ordinance may get rid of one problem, Ms. Johnson fore- sees the City opening itself up to another unless better atten- tion is paid to improving these City-owned lots. Secondly, Ms. Johnson stated she wished to mark the promotion of Mr. Brad Bennett to a larger locale. To many he was biased and unfair, but she found his reporting balanced, well researched and he afforded many the opportunity to be heard when other avenues were closed to them. If nothing else, Ms. Johnson felt he helped put Delray Beach on the map. She commented that the media serves as a needed fourth estate to this city and she felt that Mr. Bennett should be commended for his contributions. Thirdly, Ms. Johnson commended Mr. Ellingsworth for his many years of dedicated service to the City of Delray Beach. At this point the Commission returned to Item 9.I. on the Regular Agenda. -15- 03/16/99 9.I. AMENDMENT NO. 2 TO THE CONTRACT WITH COCA-COLA ENTER PRISES: Consider approval of Amendment #2 to the agreement with Coca-C61a to provide for the reassignment of the rights to certain revenues and promotional support from Net Assets to Match Point, Inc. for the remaining years of the contract. The City Manager explained that the agreement with Coca-Cola as currently written provides for a payment to be made to Net Assets. Since Net Assets is not holding a tournament this year, there is a provision in the contract that if they do not hold a.tournament, the payment is not made to them. However, the payment should be shifted over to Match Point, Inc. which will be holding a tournament this year. Mr. Randolph moved to approve Amendment No. 2 to the contract with Coca-Cola Enterprises, seconded by Mrs. Archer. 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.J. CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/DAVID BROOKS ENTERPRISES, INC. (LAKEVIEW GOLF COURSE CLUBHOUSE): Consider approval of closeout Change Order #2 in the amount of $16,187.00 and an 18 calendar day contract extension, and final payment in the amount of $54,358.00 to David Brooks Enterprises, Inc. for completion of the Lakeview Golf Course clubhouse project, with funding from 446-4761-572-62.10 (Lakeview Golf Course/Buildings). Mr. Ellingsworth moved to approve closeout Change Order #2 and final payment to David Brooks Enterprises, Inc. for completion of the Lakeview Golf Course clubhouse project. The motion was seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor A1perin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.K. BID AWARDS FOR AUTOMOTIVE PARTS: Consider approval of bid awards to multiple vendors (iow bidders as well as lowest responsive bidders) for automotive parts, at an estimated annual cost of $14,325.54, with funding from various departmental operating budgets. The City Manager explained that this item is on the regular agenda because there are a few items that were not recommended to go to the iow bidder, primarily where we had asked for original equipment manufacturer parts to be bid and we did not get a bid for that type of part. There were a couple of other cases where staff felt that iow bid was a different and inferior product which is outlined in the backup material. Mr. Schmidt moved to approve the bid awards for automo- tive parts to multiple vendors as recommended by staff. The motion was seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mayor A1perin - Yes; Mr. Schmidt - Yes; -16- 03/16/99 Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.L. ATTENDANCE AT METROPOLITAN PLANNING ORGANIZATION MEETING: Confirm the attendance of a City representative at the March 18th regular meeting of the Metropolitan Planning Organiza- tion. Mr. Ellingsworth reiterated that he will not be able to attend.this meeting and would like to have another member of the Commission attend as the City's representative. The meeting is scheduled for 9:00 a.m. on Thursday, March 18th, in West Palm Beach. During discussion, Mr. Schmidt indicated that he would be in West Palm Beach at the Courthouse for a 9:30 a.m. hearing which he did not expect to run very long. He stated he would be able to attend the MPO meeting, although he would be late in arriving. It was the consensus of the Commission to have Mr. Schmidt attend the Metropolitan Planning Organization meeting on March 18, 1999, as the City's representative. A replacement appointee for Mr. Ellingsworth will be considered at the organ- izational meeting. 9.M. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1999. The appointment will be made by Commissioner Randolph. Mr. Randolph moved to appoint Cheryl Lee-Bennett as an alternate member on the Board of Adjustment to fill an unexpired term ending August 31, 1999. The motion was seconded by Mr. Ellingsworth. 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.N. REOUEST FOR REAPPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Consider a request from Monty Helm for reap- pointment to the Parking Management Advisory Board. After discussion, Mr. Schmidt moved to reappoint Monty Helm t6 the Parking Management Advisory Board to fill the remain- der of his original term ending January, 2000. 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. 9.0. IMPACTS OF BLUE LAKE DEVELOPMENT ON DELRAY BEACH: Consider objecting to the intensity of the Blue Lake DRI (former IBM site in Boca Raton, south of Yamato Road between Military -17- 03/16/99 Trail ~nd 1-95) based upon the recommendations of the Planning and Zoning Board. (BY ADDENDUM) Diane Dominguez, Director of Planning and Zoning, explained that Blue Lake is going to be a very large development adding some 4.5 million square feet of non-residential space and 600 hotel rooms on the former IBM campus in Boca Raton. In many respects it will be a positive thing in terms of jobs and econom- ic impact for the area, but the traffic impacts are going to be significant. The Florida Department of Transportation ran its own analysis and wound up recommending as conditions of approval that there be no building permits issued after the year 2004 (the development is to be phased, there are four phases of develop- ment) unless the widening of Military Trail from six to eight lanes is either budgeted or funded. This eight-laning would be from Atlantic Avenue south to the city limits and then into Boca Raton as well. What they have said as an out is that they can continue doing traffic studies and if they can show that the volumes are not as significant as projected then the widening would not have to be done. On the other side of it, in subse- quent years and even without Blue Lake, FDOT is showing that Military Trail is going to fail in any event, so this may just be accelerating what is inevitable if growth continues the way it is. Ms. Dominguez noted that Blue Lake, as a development of regional impact, has been going through a long review process. It is scheduled to go to the Boca City Commission next week and then ik goes to the State. Ms. Dominguez asked for direction from the Commission as to any comments or objections they might wish to make concerning the project. Mayor Alperin noted there is also a proposal to maybe move Boca's municipal golf course to the Blue Lake site which could reduce the impact considerably. Ms. Dominguez commented that the Planning and Zoning Board had suggested that the devel- opers look at doing a different mix of uses and have some resi- dential on part of the site so that some of the daily trips could be eliminated. After discussion, it was the consensus of the City Commission to forward the following comments and concerns to the City of Boca Raton: The City Commission does not object to Blue Lake, but does object to the part of it that requires an 8-1aning of Military Trail. Alternate ways of developing the site need to be looked at that would not have such a tremendous impact on the western part of the community. The City Commission would be in favor of the relocation of the municipal golf course to lessen the impact. Further, everything possible needs to be done to accommodate people using public transportation such as putting a Tri-Rail station on the site or close to it, and encourage every alternative to reduce the potential traffic impacts. 9.P. FINAL RESULTS OF MUNICIPAL ELECTION/COMMISSION SEAT #3: Canvas~ the final returns and declare the results of the munici- pal election held March 9, 1999, for City Commission Seat #3, as -18- 03/16/99 certified by the Supervisor of Elections for Palm Beach County pursuant to the manual recount of ballots conducted on March 15, 1999. (BY ADDENDUM) Mayor Alperin announced the results of the manual recount of ballots conducted on March 15, 1999, as follows: Candidate Barbara D. Brown received a total of 3,303 votes; Candidate Michael Wright received a total of 3,304 votes. Mr. Ellingsworth moved to approve the total votes for each candidate for Commission Member/Seat #3, including all of the regular and absentee votes as presented, and that it is hereby declared, based upon the above and foregoing results, that Michael Wright is elected as Commission Member/Seat %3, for a two (2) year term commencing on the 25th day of March, 1999, and ending, in accordance with the City Charter. 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. 12. FIRST READINGS= 12.A. ORDINANCE NO. 9-99: An ordinance amending Chapter 100, "Nuisances", of the City Code to clarify and amend certain procedures and notice requirements regarding abatement of nui- sances, and to provide for the abatement of recurring nuisances in a timely manner. If passed, a public hearing will be sched- uled for April 6, 1999. The City Manager presented Ordinance No. 9-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 100, "NUISANCES", SUBHEADING "GENERAL PROVISIONS", SECTION 100.01, "EXISTENCE OF WEEDS, TRASH AND VEGETATION UPON LANDS PROHIBITED", SUBSECTION 100.01(D), TO PROVIDE CLARIFICA- TION OF THE TERMS 'LOT', ~PARCEL' AND 'TRACT'; BY AMENDING SUBHEADING "ABATEMENT PROCEDURES", BY REPEALING SECTION 100.21, "NOTICE OF VIOLATION REQUIRED", AND ENACTING A NEW SECTION 100.21, "NOTICE OF PUBLIC NUISANCE REQUIRED", TO PROVIDE FOR METHODS OF SERVICE OF NOTICES, COUNTY COURT CITATIONS AND NOTICES TO APPEAR; BY REPEALING SECTION 100.22, "CONTENT AND FORM OF NOTICE", AND ENACTING A NEW SECTION 100.22, "CONTENT AND FORM OF NOTICE OF PUBLIC NUISANCE", TO PROVIDE FOR A COMPLIANCE PERIOD, ASSESSMENT OF COSTS, ABATEMENT OF NUISANCES RECURRING WITHIN A 12-MONTH PERIOD WITHOUT PRIOR NOTICE AT THE OWNER'S EXPENSE, APPELLATE PROCEDURES, -19- 03/16/99 AND APPROVAL OF NOTICE FORM AND CONTENT BY THE CITY ATTORNEY; BY REPEALING SECTION 100.23, "HEARING", AND ENACTING A NEW SECTION 100.23, "NOTICE OF RECURRING NUISANCE ABATE- MENT REQUIRED; CONTENT AND FORM", TO PROVIDE FOR SERVICE PROCEDURES, CONTENT OF NOTICE, DEFINITION OF RECURRING NUISANCE, APPELLATE PROCEDURES, COST ASSESSMENT AND APPROVAL OF NOTICE FORM AND CONTENT BY THE CITY ATTORNEY; BY REPEALING SECTION 100.24, "ABATEMENT BY THE CITY", AND ENACTING A NEW SECTION 100.24, "ABATEMENT BY THE CITY", TO PROVIDE FOR INCREASES AND DECREASES IN COSTS AND ALTERNA- TIVE ABATEMENT PROCEDURES; BY AMENDING SECTION 100.25, "ABATEMENT BID PROCEDURES", TO PROVIDE FOR SECURING BIDS EVERY TWO YEARS FOR SERVICES TO ABATE NUISANCES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-99 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. 9-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Ellingsworth Yes. Said motion passed with a 4 to 1 vote. 12.B. ORDINANCE NO. 10-99: An ordinance amending Chapter 8, "Special Implementation Programs", of the Land Development Regulations by repealing Article 8.4, "Public Improvements and Special Assessments", in its entirety and enacting a new Article 8.4, "Special Assessments", to clarify the process of making and adopting special assessments. If passed, a public hearing will be scheduled for April 6, 1999. The City Manager presented Ordinance No. 10-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 8, "SPECIAL IMPLEMENTATION PROGRAMS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL ASSESS- MENTS'', IN ITS ENTIRETY AND ENACTING A NEW ARTICLE 8.4, "SPECIAL ASSESSMENTS", TO CLARIFY THE PROCESS OF MAKING SPECIAL ASSESS- MENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -20- 03/16/99 (The official copy of Ordinance No. 10-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. For the record, Diane Dominguez, Director of Planning and Zoning, reported that the Planning and Zoning Board consid- ered the proposed amendment at a public hearing on March 15, 1999, and voted unanimously to recommend approval. Mrs. Archer moved to approve Ordinance No. 10-99 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Archer stated she had recently read in the newspaper about Florida Power & Light reducing its fees and asked if there is any potential for a reduction in revenue to the City and, if so, what that impact might be and how we might cover the deficit if one were to be created? Mrs. Archer then recommended that a workshop be sched- uled to discuss the retention problem the City has among the younger officers in the Police Department. She felt that this situation has a substantial financial impact on the City and she would like to review what potentially could be done to abate the problem. Lastly, Mrs. Archer reported that on the east side in the first block of South Swinton Avenue, there is a raised sidewalk about 2-1/2 inches apparently caused by a root growing under it. She personally tripped over it and asked that a crew be sent out to fix it before another accident occurs. 13.C.2. Commissioner Schmidt commented that he was at the recent'opening of the Lakeview Golf Course clubhouse and compli- mented staff on the way the course is looking. It is a fine addition to the City's recreational facilities. He also noted that Commissioner Ellingsworth won the closest to the pin compe- tition on the first hole. -21- 03/16/99 13.C.3. Conunissioner RandolDh expressed his thanks and appreci- ation to Commissioner Ellingsworth for all of his contributions to the City and wished him the best of health and happiness in his retirement from the City Commission. 13.C.4. Mayor Alperln stated that with the Legislature passing and the Governor signing the Police and Fire Pension Bill, he is concerned about how it will impact the City. In doing some research, he looked through all of the benefits that the Police and Firefighters receive. Mayor Alperin stated he would like the Commission to review what other options the City might have with the Fire Department as far as time and hours are concerned. He felt it might be beneficial to look at going back to perhaps an 8 hour day or a 12 hour day and he asked the City Manager to review this to see what the cost effectiveness really is in that depart- ment. Mayor Alperin then deferred to Commissioner Elling- sworth for any final comments. 13.C.5. Commissioner Ellinqsworth again expressed his thanks to everyone he has worked with during his tenure on the City Commis- sion. He stated it has been an honor to be of service to the City of Delray Beach. There being no further business, Mayor Alperin declared the meeting adjourned at 7:40 p.m. ~City-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 March 16, 1999, which minute~ were formally approved and adopted by the City Commission on ~~, /999 ~ City ~erk ' 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. -22- 03/16/99