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06-01-99 JUNE 1, 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, June 1, 1999. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright 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 Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda A~proval. Mrs. Archer requested that Item 8.M., Review of Appeal- able Land Development Board Actions, be moved from the consent agenda to the beginning of the regular agenda. Mr. Randolph requested that Item 8.D., Resolution No. 35-99, be moved from the consent agenda to the beginning of the regular agenda. Mr. Schmidt moved to approve the agenda as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: None 6. Proclamations: 6.A. Code Enforcement Officers' Appreciation Week June 21st through June 25, 1999. Mayor Alperin presented a proclamation in recognition of Code Enforcement Officers' Appreciation Week to be observed June 21-25, 1999, and encouraged all citizens to join with the City Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and thanked the Commission for their recognition of the Code Enforcement Division. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 32-99: A resolution urging the Palm Beach County Board of Commissioners to proceed with a Municipal Service Taxing Units (MSTU) study to determine costs of services for unincorporated areas, and that a Tax Equalization Study Group be jointly appointed by the County and the PBC League of Cities for refinement of the data. The caption of Resolution No. 32-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSION- ERS TO PROCEED WITH A MUNICIPAL SERVICE TAXING UNITS (MSTU) STUDY, TO DETERMINE COSTS OF SERVICES FOR UNINCORPORATED AREAS; THAT A TAX EQUALIZATION STUDY GROUP BE JOINTLY APPOINTED BY PALM BEACH COUNTY AND THE PALM BEACH COUNTY LEAGUE OF CITIES, INC. FOR REFINEMENT OF THE DATA; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 32-99 is on file in the City Clerk's office.) 8.B. REMOVED 8.C. RESOLUTION NO. 34-99: A resolution vacating and abandoning the remaining portion of the street right-of-way platted as S.W. 2nd Street within Breezy Ridge Estates, lying -2- 6/01/99 west of Coral Trace Boulevard, approximately 380 feet north of West Atlantic Avenue, based upon positive findings, but reserving and retaining to the City a utility easement for existing public and private utilities over the entire area thereof. The caption of Resolution No. 34-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.W. 2ND STREET WITHIN THE PLAT OF BREEZY RIDGE ESTATES AS RECORDED IN PLAT BOOK 23, PAGE 105 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS 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. 34-99 is on file in the City Clerk's office.) 8.D. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A 8.E. RESOLUTION NO. 36-99: Approve a resolution assessing costs for the emergency board-up of an unsafe structure located at 230 S.W. 3rd Avenue. The caption of Resolution No. 36-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8 "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. -3- 6/0 /99 (The official copy of Resolution No. 36-99 is on file in the City Clerk's office.) 8.F. RESOLUTION NO. 37-99: Approve a resolution assessing costs for abatement action required to remove nuisances on twenty 20) properties throughout the City. The caption of Resolution No. 37-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE 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 ASSESS- MENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUI- SANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU- TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. (The official copy of Resolution No. 37-99 is on file mn the City Clerk's office.) 8.G. DEVELOPER'S AGREEMENT WITH JOHN FRYSINGER: Approve an agreement between the City and John Frysinger (Developer) to allow the developer to pay to the City $2,500.00 as his share of the cost to improve the north/south alley within Block 2, Osceola Park, between S.E. 4th and 5th Streets, in conjunction with the development of five single family homes on property owned by Mr. Frysinger which will take access off of the alley. 8.H. RENEWAL OF LICENSE AGREEMENT/DELRAY BEACH ACADEMY: Approve an amendment to the license agreement between the City and Delray Beach Academy, Inc. for the use of various facilities at Pompey Park in conjunction with the operation of a charter school, by extending the license term for a one year period ending June 15, 2000. 8.I. ACCEPTANCE OF EASEMENT DEED/BLOOD'S HAMMOCK GROVES: Accept an easement deed from James D. Blood granting to the City a 12 foot utility easement in order to accommodate the extension -4- 6/0 /99 of water and sewer service to the Blood's Hammock Groves proper- ty. 8.J. ACCEPTANCE OF EASEMENT DEED/DELRAY OCEAN ESTATES: Accept an easement deed from DIKAL, a Florida joint venture, granting to the City the right to use the west 2.7 feet of Lot A, Delray Ocean Estates, to extend an existing ten foot general utility easement. 8.K. AGREEMENT FOR SIDEWALK IMPROVEMENTS/HIBISCUS ROAD: Approve an agreement between the City and the owners of property located at Lot 28, Block 5, Seagate Extension (Hibiscus Road) to waive the requirement for the installation of a sidewalk until such time as the City requests the owners to construct the sidewalk. 8.L. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $36,562.00 for two (2) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554- 83.01 (SHIP Program). 8.M. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the total amount of $23,322.00 to Gateway 2000, via Florida State contract, for the purchase of replacement computers (seven for the Parks and Recreation Department at a cost of $12,558.00 and six for the Community Improvement Department at a cost of $10,764.00), with funding from 334-6112-519-64.11 (General Construction Fund/Computer Equipment). 2. Bid awards to multiple vendors for medical and drug supplies at an estimated annual cost of $94,683.18, via joint bid with the City of Boynton Beach with Delray Beach as lead entity. Funding in the estimated amount of $93,044.23 will be from 001-2315-526-52.20 (Fire Operations/General Operating Supplies), and from 001-4123-526-52.20 (Ocean Rescue/General Operating Supplies) in the estimated amount of $1,638.95. 3. Purchase award in the total amount of $13,117.33 to Hector Turf for the purchase of one (1) Toro -5- 6/01/99 Sand Pro #5020, one (1) Dozer Blade, and one (1) Toro 72" Guardian Recycler Deck, via GSA Federal Supply Contract, with funding in the amount of $9,666.19 from 445-4761-572-64.90 (Municipal Golf Course - Other Machinery & Equipment) and $3,451.14 from 446-4761-572-64.90 (Lakeview Golf Course - Other Machinery & Equipment). Mr. Randolph moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. RESOLUTION NO. 35-99: Approve a resolution providing that the site plan for the new Publix Supermarket (No. 99-113- SPF-SPR) was approved by the City's Site Plan Review and Appear- ance Board on May 19, 1999, with conditions as outlined in Exhibit "A". The caption of Resolution No. 35-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ("CITY"), PROVIDING THAT THE SITE PLAN FOR THE PUBLIC SUPERMARKET (NO. 99-113-SPF-SPR) WAS APPROVED BY THE CITY'S SITE PLAN REVIEW AND APPEARANCE BOARD ON MAY 19, 1999, WITH CONDITIONS AS OUTLINED IN EXHIBIT "A". (The official copy of Resolution No. 34-99 is on file in the City Clerk's office.) Mr. Randolph stated that he moved this item to the regular agenda as he has gone on record as being opposed to a Publix supermarket at the proposed location and wishes his vote to be consistent. He reiterated his position that the traffic that will be generated by the new Publix will be too much for the Federal Highway pairs in this location. Mr. Schmidt moved to approve Resolution No. 35-99, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote. -6- 6/01/99 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 17th through May 28, 1999. Mrs. Archer stated she had moved this item to the regular agenda inasmuch as she will be abstaining with respect to SPRAB Item 2 (she is the applicant). Mr. Wright moved to accept the actions and decisions made by the Land Development Boards for the period May 17th thru May 28, 1999. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Wright - Yes. Said motion passed with a 4 to 0 vote. 9.A. PARKING LICENSE AGREEMENT/THE AVENUE BAR AND GRILL, INC. (d/b/a 32 EAST): Consider approval of a parking license agreement between the City and The Avenue Bar and Grill, Inc. (d/b/a 32 East) to provide for valet parking for a one year term, including a waiver for temporary lot improvement requirements for the Leviathan property. Mr. Randolph moved to approve the parking license agreement, as amended, for 32 East, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. RESOLUTION NO. 31-99: Consider approval of a resolu- tion declaring the necessity for public improvements for that segment of N.E. 2nd Avenue from Atlantic Avenue north to the first alley intersection (Pineapple Grove entrance), and direct- ing the establishment of a special assessment district to defray a part of the expense for said improvements. The City Manager presented Resolution No. 31-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THAT SEGMENT OF N.E. 2ND AVENUE FROM ATLANTIC AVENUE NORTH TO THE FIRST ALLEY INTERSECTION AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR PUBLIC IMPROVEMENTS TO THAT SEGMENT OF N.E. 2ND AVENUE DESCRIBED HEREIN; PROVIDING FOR -?- 6/o /99 THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPAP~ATION OF THE ASSESSMENT ROLL. (The official copy of Resolution No. 31-99 is on file in the City Clerk's office.) Mrs. Archer moved to approve Resolution No. 31-99, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.C. PROPOSED AGRICULTURAL USE OF PROPERTY AT 2750 SEACREST BOULEVARD: Provide direction on a request for agricultural tax exemption for the Eckler Grove property located at 2750 Seacrest Boulevard. After discussion, it was the consensus of the City Commission to have the Planning and Zoning Department and the City Attorney work with the applicant to see if the situation can be worked out to everyone's satisfaction. One possibility might be looking at an amendment to the RR (Rural Residential) zoning category, while another possibility might be to grandfather the agricultural use under the existing R-1AA zoning district. 9.D. RECOMMENDATION ON COUNTY LAND USE AMENDMENT 99-99 COM1 (LAKE IDA ROAD AND JOg ROAD): Consider forwarding a recommenda- tion to the Board of County Commissioners strongly objecting to a proposed amendment to the County Future Land Use Atlas to change the future land use designation for a 25.9 acre parcel from Medium Residential 5 (MR-5) to Commercial Low with an underlying 5 units per acre (CL/5) on 17.78 acres, and Commercial Low Office with an underlying 5 units per acre (CL-O/5) on 8.12 acres. The site is located on the northeast corner of Jog Road and Lake Ida Road. Diane Dominguez, Director of Planning and Zoning, stated that while the proposed land use amendment does not result in increased residential densities, it does involve increased intensities and consequently an increase in traffic which would impact traffic volumes both on Lake Ida Road and surrounding roadways within the City of Delray Beach. In July, 1998, when the City Commission adopted Resolution No. 42-98 in support of the widening of Lake Ida Road from Congress Avenue to Military Trail, it was with the understanding that such four-laning would not lead to approvals of increased densities in areas immediately -8- 6/01/99 west of the City. The Planning and Zoning Board considered the land use amendment on May 17, 1999, and voted unanimously to recommend that a recommendation strongly objecting to County Land Use Amendment 99-99 COM-1. It was the consensus of the City Commission to accept the Planning and Zoning Board's recommendation, with direction that a strongly worded letter expressing the Commission's dis- pleasure with the land use amendment be sent to the County. 9.E. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request from the Joint Venture for special event approval for the July 1, 1999, Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, and specified overtime costs. Mr. Schmidt moved to approve the special event request for the July 1, 1999 Art & Jazz on the Avenue subject to the staff recommendation. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. GRANT AWARDS FOR HOUSING REHABILITATION CONTRACTS: Consider approval of the following contracts: $17,775.98 to Dakota Construction for 302 S.W. 2nd Street, $15,576.75 to Frank Bouman Construction for 240 S.W. 14th Avenue, $19834.50 to Craftsman Plus, Inc. for 707 S.W. 6th Street, and $25,341.75 to Abisset Corporation for 216 S.W. 8th Court, with funding in the amount of $60,753.00 from 118-1924-554-49.19 (SHIP Housing Rehab) and $17,775.98 from 118-1923-554-49.19 (HOME Housing Rehab), for a total amount of $78,528.98. Mr. Wright moved to approve the grant awards for housing rehabilitation contracts, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.G. RETIREMENT BENEFIT ENHANCEMENTS FOR RETIREES: Consider the recommendations and provide direction on appropriate benefit enhancements for retirees. The City Manager made the following recommendations: (1) Increase retirement benefits for retirees who retired prior to September 30, 1993 by 5%, up to a maximum of $100.00 per month. Those receiving over $2,000 per month would get a $100.00 9 6/01/99 per month increase. Those receiving $2,000 per month or less would get a 5% increase. (2) Increase the minimum benefit for employees with over ten years of service to $500.00 per month. The City has some recent retirees receiving less than $500 per month because their service with the City was fairly short. The City Manager did not think it would be fair to increase their benefits to equal those with longer tenure with the City. The City Manager further noted that the proposal would be to fund these additional benefits from the overfunded balance of each pension fund to there would be no added annual cost to the City. It was the consensus of the City Commission to accept the City Manager's recommendation, with direction to proceed with preparation of the necessary ordinances and actuarial evaluations. 9.H. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a member to the Community Redevelopment Agency for a four (4) year term ending July 1, 2003. The appointment will be made by Commissioner Randolph. Mr. Randolph moved to reappoint John Weaver to the Community Redevelopment Agency for a four year term ending July 1, 2003. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a resident member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 2002. The recommenda- tion for appointment will be made by Commissioner Archer. Mrs. Archer moved to appoint Yvonne Wilson as the resident member on the Delray Beach Housing Authority to fill an unexpired term ending July 14, 2002. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:35 p.m., the Commission adjourned for the closed attorney/client session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: Tate v. City of Delray Beach and Lake Worth Drainage District. Attendees: Mayor Jay Alperin Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright City Manager David Harden City Attorney Susan Ruby Bill Doney, Esquire {lawyer for the City) A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expendtures in the referenced case. The closed session was concluded at 7:10 p.m. Mayor Alperin reconvened the meeting for the public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 29-99 (CRA REDEVELOPMENT REVENUE BONDS): Consider approval of a resolution authorizing the Community Redevelopment Agency of the City of Delray Beach to issue Redevelopment Revenue Bonds in the principal amount not to exceed Four Million Seven Hundred Thousand Dollars ($4,700,000). Mrs. Archer moved to postpone consideration of Resolu- tion No. 29-99 authorizing the CRA to issue redevelopment revenue bonds to the date certain of Tuesday, June 8, 1999, at 6:00 p.m. in the First Floor Conference Room. 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. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.B. TRANSFER OF PROPERTY TO HABITAT FOR HUMANITY: Consider approval and acceptance of a quit-claim deed transferring a City- owned parcel of land at 333 N.W. 4th Avenue to Habitat for Humanity of Boca-Delray. Mayor Alperin declared the public hearing open. There being no one from the audience who wished to address the Commis- sion, the public hearing was closed. -11- 6/01/99 Mr. Randolph moved to approve the transfer of property to Habitat for Humanity, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 17-99 (FIRST READING/FIRST PUBLIC HEAR- INa): An ordinance amending LDR Sections 4.3.4(H) (6)&(K); 4.4.9(F)&(H); and 4.4.10(F) regarding building and landscape setback requirements along the Federal Highway corridor. If passed, a second public hearing will be scheduled for June 15, 1999. Prior to consideration of passage of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 17-99: 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 SECTION 4.3.4 "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (H) (6), "SPECIAL SETBACKS", SECTION 4.4.9, GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (F), "DEVELOPMENT STANDARDS", AND SUBSECTION (H) , "SPECIAL REGULATIONS" , SECTION 4 . 4 . 10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT" , SUBSECTION (F) , "DEVELOPMENT STANDARDS", AND SECTION 4.3 . 4 (K) , "DEVELOPMENT STANDARDS MATRIX", ALL TO AMEND BUILDING AND LANDSCAPE SETBACK REQUIREMENTS ALONG THE FEDERAL HIGHWAY CORRIDOR WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-99 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 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. There being no one from the audience who wished to address the Commis- sion, the public hearing was closed. -12- 6/01/99 Mrs. Archer moved to approve Ordinance No. 17-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 11. Conunents and Inc~uiries on Non-Agenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to ~rior ~ublic comments and inc~uiries. There were no responses to prior public comments and inquiries. ll.B. From the Public. 11.B.1. John Bennett, 137 Seabreeze Avenue, submitted for the record a petition concerning beach area parking. The petition, signed by 331 beach area residents, reads: "We the undersigned beach area residents, desiring to maintain the character of, and the quality of life in, the beach area of Delray Beach, are ada~nantly opposed to either a parking garage east of the Intra- coastal Waterway or the night-time use of the City's beach parking lots. We respectfully request that the City Commission not authorize either course of action." 12. FIRST READINGS: 12.A. ORDINANCE NO. 18-99: An ordinance amending Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the City Code to reduce the rates charged by BFI for garbage and trash collection services for customers using commercial carts. If passed, a public hearing will be scheduled for June 15, 1999. The City Manager presented Ordinance No. 18-99: 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 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR A RATE CHANGE FOR ALL OF THOSE CUSTOMERS RECEIVING COMMERCIAL CART SERVICE, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -13- 6/01/99 (The official copy of Ordinance No. 18-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 18-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 19-99 (CITY-INITIATED REZONINGS WITH THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN): An ordinance rezoning nine parcels of land from RM (Multiple Family Residential- Medium Density) to RL (Multiple Family Residential Low Density) in conjunction with the adopted North Federal Highway Redevelopment Plan. The subject properties are located south of Lake Avenue South between U.S. Highway No. 1 and N.E. 8th Avenue, and contain 2.49 acres. If passed, a quasi-judicial public hearing will be scheduled for June 15, 1999. The City Manager presented Ordinance No. 19-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING NINE (9) PARCELS OF LAND PRESENTLY ZONED RM (MULTIPLE FAMILY MEDIUM DENSITY/6-12 DWELLING UNITS/ACRE) TO RL (MULTIPLE FAMILY RESIDENTIAL LOW DENSITY/6 DWELLING UNITS/ACRE); SAID LAND BEING GENERALLY LOCATED SOUTH OF LAKE AVENUE SOUTH BETWEEN U.S. HIGHWAY NO. 1 AND N.E. 8TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; ALL AS REQUIRED TO IMPLEMENT PROVISIONS OF THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN AS PREVIOUSLY ADOPTED BY THE BEACH CITY COMMIS- SION; 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. 19-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. -14- 6/01/99 Mr. Schmidt moved to approve Ordinance No. 19-99 on FIRST Reading, seconded by Mr. Randolph. ~on roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and In~iries on Non-Agenda It--s. 13 .A. City M~ager. 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 Sc~idt had no comments or inquiries. 13.C.2. Commissioner Archer asked that the final draft of the parking study for the area east of the Intracoastal Waterway be scheduled for review at next week's workshop meeting. 13.C.3. Commissioner Wright had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor A1perin had no comments or inquiries. There being no further business, Mayor Alperin declared the meeting adjourned at 7:30 p.m. 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 June 1, 1999, which -15- 6/01/99 minutes~ we.re fo~rma,lly approved and adopted by the City Commission on ' ' ' /~/~ / · 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. -16- 6/01/99