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06-15-99 JUNE 15, 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., Tuesday, June 15, 1999. 1. Roll call showed: Present Commissioner Patricia Archer* Commissioner David Randolph Commissioner David Schmidt Commissioner Michael Wright Mayor Alperin (*not present at roll call) Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Reverend Van Cleckley, The Church of the Living God. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item 5, Approval of Minutes for the Special Meeting of June 8, 1999, and Item 7.C., Report on Citrix ATP Tennis Tournament (Brahm Dubin) to the agenda. In addition, Mayor Alperin noted that additional items added to the agenda are Item 6.A., Proclamation for Roy M. Simon, and Item 8.C., Agreement and General Release with Co=~uni- ty Redevelopment Agency/Fire Department Training (revised copy of the Agreement and General Release). 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: Mr. Schmidt moved to approve the Minutes of the Spe- cial Meeting of June 8, 1999, seconded by Mr. Wright. 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. 6. Proclamations: 6.A. Recognizing and commending Roy M. Simon for his valu able contributions to the City of Delray Beach throughout the past 40 years Mayor Alperin read and presented a proclamation recog- nizing and commending Roy M. Simon for his valuable contribu- tions to the City of Delray Beach throughout the past 40 years. Mr. Simon thanked the Commission for the proclamation. He also thanked his wife for contributing to his work. Mr. Simon stated that he appreciated helping the community. 6.B. Parks and Recreation Month - July 1999 Mayor Alperin read and presented a proclamation pro- claiming July, 1999, as Parks and Recreation Month. Mr. Joe Weldon, Director of Parks and Recreation came forward to accept the proclamation. 7. Presentations: 7.A. Certificate of Completion/1999 Institute for Elected Municipal Officials awarded to Commissioner Michael Wright Mayor Alperin read and presented the Certificate of Completion 1999 Institute for Elected Municipal Officers to Michael Wright. 7.B. Community Redevelopment Agency presentation regarding the issuance of Tax Increment Redevelopment Revenue Refunding and Improvement Bonds, in one or more series, in an amount not to exceed $11,820,000.00 Christine Caron, Community Redevelopment Agency's Controller explained that the CRA chose NationsBank over other banks because it had offered better overall rates. She stated that the CRA Board had approved a proposal from NationsBank to issue 1999 Series A and Series B bonds, including the refunding of 1997 Series A and Series B bonds. She clarified, however, that she was not asking for approval at that time. She only intended to give Commissioners an overview of the project. Ms. Caron stated that the CRA would seek approval from the Commis- sion during the Special Meeting of June 22, 1999. 7.C. Report on Citrix ATP Tennis Tournament (Brahm Dubin) Jeff Duner presented the Citrix ATP Tennis Tournament Report. He thanked the City's participation in the tournament, recognized Hoyt Owens and staff for their assistance to the project. Mr. Duner stated that Delray Beach was recognized throughout the world for its Tennis Event Tournaments. He played a 5 minute video depicting the Tennis Center's biggest events. He stated that these tournaments reached over 11 mil- 2 06/15/99 lion people throughout the world, including Japan, Mexico, European nations, etc. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. SOUTHEAST REGIONAL AND JUNIOR LIFEGUARD CHAMPIONSHIPS: Approve a request from the United States Lifeguard Association (USLA) to host the USLA's Southeast Regional Lifeguard Champion- ships on the municipal beach on July 16-17, 1999, and the Junior Lifeguard Regional Championships on July 31, 1999. 8.B. ACCEPTANCE OF LIMITED ACCESS EASEMENT AGREEMENT/720 ELDORADO LANE: Accept a Limited Access Easement Agreement for property located at 720 Eldorado Lane to provide for a limited access easement over the side of the lot adjacent to N.W. 8th Avenue in order to have frontage on Eldorado Lane. 8.C. AGREEMENT AND GENERAL RELEASE WITH COMMUNITY REDEVELOP MENT AGENCY/FIRE DEPARTMENT TRAINING: Approve an Agreement and General Release between the City and the Community Redevelopment Agency, as owner, for the use of property located at 24-26 N.W. 3rd Avenue for fire rescue training exercises. 8.D. WATER MAIN EXTENSION IMPROVEMENT AGREEMENT/DELRAY KAWASAKI PROJECT: Approve an agreement between the City and Tazami, Inc. (developer of the Delray Kawasaki project) wherein the City will participate in the extension of a water main on Old Dixie Highway beyond the required facilities for the project. Funding is not to exceed $10,000 and is available from 442-5178-536-61.78 (Water Distribution Improvements). 8.E. MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCE DURES 1999-2001/DELRAY BEACH RENAISSANCE PROGRAM: Approve the Memorandum of Understanding for the period March 1, 1999 through February 28, 2001, together with the Policies and Procedures that govern the Delray Beach Housing Renaissance Program. 8.F. REMOVED 8.G. CLOSEOUT CHANGE ORDER %1 & FINAL PAYMENT/REGAL CONTRACTORS, INC. (LEON M. WEEKES ENVIRONMENTAL PRESERVE): Approve closeout Change Order #1 in the amount of $1,227.00 and final payment in the amount of $26,646.00 to Regal Contractors, Inc. for completion of the improvements at the Leon M. Weekes Environmental Preserve, with funding from 117-4169-572-63.40 (Recreation Improvements Fund/Leon Weekes Scrub Trail). 8.H. RESOLUTION NO. 38-99: Approve a resolution setting a public hearing date of July 20, 1999, at 7:00 p.m. regarding the establishment of the Pineapple Grove Entrance Special Assessment District. The caption of Resolution No. 38-99 is as follows: -3- 06/15/99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING REGARDING THE CONSIDERATION OF THE PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVID- ING AN EFFECTIVE DATE. (The official copy of Resolution No. 38-99 is on file in the City Clerk's office). 8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 31, 1999, through June 11, 1999. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the total amount of $61,332.00, including trade-in allowance for current Life Pak units, to Hewlett-Packard for the purchase of eight (8) Code Master 100 12-lead EKG moni- tor/defibrillators with diagnostic capabilities, and six (6) battery chargers for use by the Fire Department. Funding in the amount of $16,000.00 will be from 001-2315-526-64.90 (Fire Opera- tions/Other Machinery & Equipment), with $45,332.00 from 115-0000-248-64.00 (Reserve for Fire Rescue). 2. Purchase award in the total amount of $18,216.00 to Southern Precision Armory for the purchase of two (2) Simrad Rifle Night Sights for the Police Department, with funding in the amount of $16,532 from 112-2172-521-64.90 (Law Enforcement Trust Fund - Other Machinery/Equipment) and $1,684 from 112-2172-521-52.20 (General Operating Supplies). Mr. Schmidt moved to approve the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion 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. REGULAR AGENDA: 9.A. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE: Consider a request for special event approval for the 1999 Summer Nights on the Avenue series, including temporary use permits for use of City property and rights-of-way, staff sup- port, and funding of overtime costs up to a maximum of $5,000.00. Mr. Bill Wood, Director of the Chamber of Commerce, briefly discussed his request for the 1999 Summer Nights on the -4- 06/15/99 Avenue series. He said that the information packet he had just passed out to Commissioners already contained the schedule of events and that he would be glad to go over any materials if Commissioner so desired. Mr. Schmidt moved to approve the special event request for the 1999 Summer Nights on the Avenue series, including temporary use permits for use of City property and rights-of- way, staff support, and funding of overtime costs up to a maxi- mum of $5,000.00, seconded by Mr. Wright. 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. 9.B. CRA APPLICATION TO KEEP PALM BEACH COUNTY BEAUTIFUL, INC./BEAUTIFICATION FOR WEST ATLANTIC AVENUE: Consider a re- quest from the Community Redevelopment Agency for the City's participation and assistance with the CRA's application to Keep Palm Beach County Beautiful, Inc. (fka Beautiful Palm Beaches, Inc.) for funding of beautification activities on West Atlantic Avenue. Ms. Shelly Treadwell, Economic Development Manager, explained that the CRA was seeking the City's permission to submit an application with Keep Palm Beach County Beautiful, Inc. for funding of beautification activities alongside West Atlantic Avenue. She indicated that the CRA would need the City to write a letter to Keep Palm Beach County Beautiful, Inc. in support of this project. Ms. Treadwell stated that the project would include landscape improvements and irrigation work for West Atlantic Avenue. She further added that the CRA was plan- ning to include some roundabouts. She stated that the attitude in the United States towards roundabouts was taken with skepti- cism. However, once a roundabout was built, it was quickly accepted by the community. Ms. Treadwell stated that the CRA would vote on the upcoming Thursday for a 50% match to the program. She added that two applications were being prepared, one with roundabouts and the other without. Commissioner Ran- dolph stated that he would like to see this project come to fruition in Delray Beach. However, he would like to receive a memo from staff depicting additional information regarding this project. Mr. Randolph moved to approve the request from the Community Redevelopment Agency for the City's participation and assistance with the CPA's application to Keep Palm Beach County Beautiful, Inc. (fka Beautiful Palm Beaches, Inc.) for funding of beautification activities on West Atlantic Avenue, seconded by Mrs. Archer. Upon roll call the Commission voted as fol- lows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. -5- 06/15/99 9.C. AGREEMENT WITH CRA FOR ACQUISITION OF CARTER PROPERTY FOR EXPANSION OF EXISTING RETENTION POND: Consider approval of an agreement between the City and the Community Redevelopment Agency wherein the City would be obligated to reimburse the CRA for two-thirds of the costs involved in the CRA's acquisition of the property and for the demolition of the existing structures to accommodate the expansion of an existing retention pond at the southwest corner of S.W. 4th Avenue and S.W. 1st Street. The City's cost, estimated to be somewhat less than $50,000, would be funded from 448-5461-538-61.10 (Stormwater Utility - Land Acquisition). Chris Brown, Executive Director of the CRA, requested the City's approval of this project. He stated that during hurricane Mitchell, there were a lot of floods. He suggested that the City expand the drainage field to prevent flooding during severe weather conditions. He further suggested enhanc- ing the area and turning it into a park for the neighborhood. Mr. Brown stated that the CRA would buy and demolish the current structure, and subsequently, send the City a deed. Mr. Wright moved to approve the agreement between the City and the Community Redevelopment Agency for acquisition of the Carter property for expansion of an existing retention pond, 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 A1perin - Yes. Said motion passed with a 5 to 0 vote. 9.D. REDEVELOPMENT PLAN FOR THE SOUTHRIDGE/S.W. 4TH AVENUE AREA: Consider approval of the redevelopment plan for Redevelop- ment Area #3 as designated on the Future Land Use Map. The study area is generally located north of Linton Boulevard, south of S.W. 10th Street, east of S.W. 8th Avenue and west of Old Dixie Highway. Jeff Costello, Principal Planner, explained that the redevelopment plan called for the stabilization of existing areas. He added that the plan provided infrastructure to encour- age redevelopment which included paving streets, installation of street lights and traffic pattern modifications in the residen- tial areas. The vacant properties at Linton Boulevard and S.W. 4th Avenue would retain the redevelopment area designations until a specific development proposal was presented. Commission- er Schmidt inquired if the property owners had been contacted about this plan. Mr. Costello responded that staff had given proper notice to all parties involved. Mayor Alperin opened the floor for public comment. There being no one from the public speaking in opposition of the redevelopment plan, the public hearing was closed. Mr. Schmidt moved to approve the redevelopment plan for Redevelopment Area #3 as designated on the Future Land Use -6- 06/15/99 Map, 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.E. LICENSE AGREEMENT FOR PORTION OF TENNIS CENTER/ENZYMES JUICE BAR: Consider approval of a license agreement between the City and Paige Thompson (d/b/a Enzymes Juice Bar) which would allow the licensee to operate a mobile cart on the second floor of the Tennis Center for the purpose of offering juices and other concessions to Tennis Center patrons. The initial term of the agreement shall be for one year, with the licensee paying the sum of $550 to the City on a monthly basis. Mr. Brahm Dubin, Manager of the Tennis Center and Golf Course, requested the Commissioners to approve the license agreement with Enzymes Juice Bar. He said that the agreement was a 30-day, risk-free deal. Mr. Dubin pointed out that should Enzymes Juice Bar not work out, he would be able to cancel the contract without any further cause. Ms. Paige Thompson would remove her equipment off the premises, but leave the Tennis Center with the icemaker. Additionally, he pointed out that the counter could also be used at other tennis events. Mr. Dubin noted that the Tennis Center would collect $550.00 a month in rental fee, and that the players would enjoy getting a healthy drink after a match. In concluding, Mr. Brahm Dubin stated that the lunch menu would include healthy choice of sandwiches and that he would be in charge of approving the menu. Mr. Randolph moved to approve the license agreement between the City and Paige Thompson (d/b/a Enzymes Juice Bar) for a term of one year, with the licensee paying the sum of $550 to the City on a monthly basis, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright -Yes; Mr. Randolph - Yes; Mayor A1perin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. BID AWARD FOR JANITORIAL SERVICES: Consider approval of a bid award in the amount of $81,510.00 to Golden Mark Mainte- nance as the lowest responsive bidder for the annual janitorial services contract for various locations within the City. Fund- ing will be from the various department's operating budgets. The City Manager stated that previous lowest bidders provided poor janitorial service. Therefore, staff opted for the lowest, responsive bidder, Golden Mark Maintenance. He ex- plained that although that represented an increase in the dollar amount expended for janitorial services, the new company should meet the City's standards for service. Mrs. Archer moved to approve the bid award in the amount of $81,510 to Golden Mark Maintenance as the lowest responsive bidder for the annual janitorial services contract for various locations within the City, seconded by Mr. Ran- -7- 06/15/99 dolph. 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. 9.G. CONTRACT AWARD FOR FIBER OPTIC CONNECTION FOR ENVIRONMENTAL SERVICES DEPARTMENT: Consider approval of a contract award in the amount of $40,300.00 to Universal Cabling Systems, Inc., sole source provider, for installation of a fiber optic cable and associated conduit connecting the Environmental Services complex to the City's fiber optic network. Funding will be from 442-5178-536-61.76 (R&R Equipment Replacement Program). Mr. Hasko, Director of Environmental Services, request- ed the Commissioners' support in getting the city on the fiber optic network. He explained that more users were on-line and that the need for reliable communications had increased signifi- cantly. Mr. Hasko explained that there was a lot of unreliabili- ty and down times with the existing system. He pointed out that fiber optic network was critical now because new upgrades had been done in the Environmental Services Department, as well as other departments. Additionally, MIS had the ability to work with Environmental Services using the new communication device. Commissioner Archer felt it that the installation of a fiber optic cable was a positive move and offered her support to this project. Mr. Hasko concluded by stating that the new system also reduced the susceptibility to weather changes. Mrs. Archer moved to approve the contract award in the amount of $40,300 to Universal Cabling Systems, Inc., sole source provider, for installation of a fiber optic cable and associated conduit connecting the Environmental Services complex to the City's fiber optic network, 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.H. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate a voting delegate to the 73rd Annual Conference of the Florida League of Cities to be held August 19-21, 1999, at Lake Buena Vista, Florida (Wyndham Palace Hotel). Commissioner Schmidt expressed his interest in becom- ing the voting delegate to the Florida League of Cities' 73rd Annual Conference in Lake Buena Vista, Florida. Mrs. Archer moved to approve to designate Mr. Schmidt as the voting delegate to the 73rd Annual Conference of the Florida League of Cities to be held August 19-21, 1999, at Lake Buena Vista, Florida (Wyndham Palace Hotel), seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph 8 06/15/99 - Yes; Mayor Alperin - Yes; Said motion passed with a 5 to 0 vote. 9.I. OFFER OF JUDGMENT/TATE CASE: Consider the filing of an Offer of Judgment in conjunction with the Lake Worth Drainage District as recommended by the City Attorney. Commissioners recommended approving a joint offer of judgment in the amount of $500,000, exclusive of attorney's fees. The settlement costs would be equally divided between the Lake Worth Drainage District and the City of Delray Beach. Mr. Wright moved to approve the Offer of Judgment in conjunction with the Lake Worth Drainage District in the amount of $500,000, exclusive of attorney's fees, seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.J. CLAIM OF MARULLO V. CITY OF DELRAY BEACH: Consider an offer to settle the referenced claim. The City Attorney recom- mends denial. Commissioners consulted with the City Attorney conern- ing any liabilities involved should they make any comments on the Marullo's claim. The City Attorney cautioned that the issue was still under litigation, any comments, if any, should be made sparingly. Mayor Alperin suggested not to discuss the matter due to potential litigation. Mr. Randolph moved to deny the claim of Marullo v. the City of Delray Beach, seconded by Mr. Wright. 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 to deny passed with a 5 to 0 vote. 9.K. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint four (4) members to the Downtown Development Authority for three year terms ending July 1, 2002. The appointments will be made by Commissioner Schmidt, Commissioner Archer, Commission- er Wright and Commissioner Randolph. Commissioner Schmidt moved to reappoint Frank D. Wheat as a member to the Downtown Development Authority for a three year term, ending July 1, 2002, 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. Commissioner Archer moved to appoint Rita W. Ellis as a member to the Downtown Development Authority for a three year term ending July 1, 2002, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. 06/ 5/99 Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Commissioner Wright moved to appoint Kenneth McNall as a member to the Downtown Development Authority for a three year term ending July 1, 2002, 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 Alpe- rin - Yes. Said motion passed with a 5 to 0 vote. Commissioner Randolph moved to appoint Sydney Heard as a member to the Downtown Development Authority for a three year term ending July 1, 2002, 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. At this point, the time being 7:00 p.m., the Commis- sion moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 17-99 (SECOI~D READING/SECOND PUBLIC HEAR ING): 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. Prior to consideration of passage of this ordinance on Second Reading and Second Public Hearing, 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) DI STRI CT", SUBSEC- TION (F) , "DEVELOPMENT STANDARDS", AND SUBSECTION (H), "SPECIAL REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", SUBSECTION (F) , "DEVELOPMENT STANDARDS" AND SECTION 4 o 3 . 4 (K) , "DEVELOP- MENT STANDARDS MATRIX", ALL TO AMEND BUILD- ING AND LANDSCAPE SETBACK REQUIREMENTS ALONG THE FEDERAL HIGHWAY CORRIDOR WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEAL- ER 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.) -10- 06/15/99 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. Jeff Costello, Principal Planner, explained that the North Federal Highway called for reduced front setbacks. He added that in order to ensure the reduced setback, a maximum setback of 15' was proposed. Mr. Costello stated that the ordinance included a waiver provision to increase the setback beyond 15', given certain circumstances, to a particular proper- ty. Commissioner Archer did not want property owners to have any problems. She inquired if there were any additional board applications or fees. Mr. Costello replied that the waiver would be handled through the same site plan process. Mayor Alperin opened the floor for public comment. There being no one who wished to speak regarding this item, the public hearing was closed. Mr. Schmidt moved to adopt Ordinance No. 17-99 on Second and FINAL Reading, 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. 10.B. ORDINANCE NO. 18-99: An ordinance amending Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Lev- ied'', of the City Code to reduce the rates charged by BFI for garbage and trash collection services for customers using commer- cial carts. 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. 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. (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. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter -11- 06/15/99 of the City of Delray Beach, Florida. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 18-99 on Second and FINAL Reading, 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. Wright - Yes. Said motion passed with a 5 to 0 vote. 10.B.1. AMENDMENT NO. 7 TO SOLID WASTE AND RECYCLING COLLEC TION FRANCHISE AGREEMENT DATED AUGUST 8, 1996: Consider approv- al of Amendment No. 7 to the agreement between BFI and the City to modify Section 17.1 of the contract to provide that all sums paid to BFI shall be in accordance with the rates set forth at Section 51.70 of the City Code. Commissioner Schmidt opened the floor for public comment, but no one came forward to speak. Mr. Schmidt moved to approve Amendment No. 7 to the agreement between BFI and the City to modify Section 17.1 of the contract to provide that all sums paid to BFI shall be in accor- dance with the rates set forth at Section 51.70 of the City Code, seconded by Mr. Randolph. 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.C. ORDINANCE NO. 19-99 (CITY-INITIATED REZONINGS ASSOCIAT ED WITH THE NORTH FEDERAL HIGHWAY REDEVELOPMENT PLAN): An ordi- nance 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. 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. 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 DENSI- TY/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 -12- 06/15/99 PREVIOUSLY ADOPTED BY THE DELRAY BEACH CITY COMMISSION; 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 stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. Nilza Madden, Agenda Coordinator/Executive Assistant swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. Mr. Costello explained that the properties contained a total of 9 parcels, 7 of the parcels contained single family homes, one parcel contained a triplex and one parcel was vacant. The rezonings were implements to the North Federal Highway Redevelopment 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 adopt Ordinance No. 19-99 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Inunediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. Mr. Harden stated that he was researching further the service authorization inquiry, and that it would be brought back at a future meeting. 11.B. From the Public. 11.B.1. Jean Beer, 2145 S.W. 26th Terrace, stated that on behalf of P.R.O.D., she would like to commend the Commissioners for their quick response to the tax equalization project. She felt there is plenty of industrial and commercial businesses in the east side of Delray Beach. However, she would like to see -13- 06/15/99 some long range planning for the commercial development in the west side of Delray Beach. She suggested the City utilize the Palm Beach County Planning and Zoning Department for data and as a planning tool. ll.B.2. Alice Finst, 707 Place Tavant, brought to the Commis- sion's attention that Pompey Park needs to be put on their priority list. She stated that the park is not clean and that it was not as inviting as it could be. She suggested placing vegetation around the trees in order to keep them clear of bottles and shoes. Mrs. Finst also asked to see a progress report concern- ing Lake Ida Road. She is concerned about who is going to lose part of their properties and where traffic lights will be placed. ll.B.3. Rodney Romano, Attorney, expressed concern about the CRA's plans to redevelopment Block 77. He and his client feel the proposed project will not benefit the City and urged the Commissioners to assure the citizens of Delray Beach that it is not a done deal. He noted that no plans have been submitted to the city for review. When that happens, the redevelopment of Block 77 should get the scrutiny it deserves. ll.B.4. Frank J. Devine, 2200 South Ocean Boulevard, thanked the City Manager for his quick response for a Parking Study/Analysis for the area east of the Intracoastal Waterway. He further stated that should there by any plans for construc- tion of a public restroom at the Sandoway Park, he would like to be advised of them. 12. FIRST READINGS: 12.A. ORDINANCE NO. 20-99: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the City Code by amending Section 35.098, "Supplemen- tal Retirement Income and Minimum Benefits", to provide certain eligible members and their beneficiaries who retired under the General Employees Pension Plan with enhanced benefits, including an increased minimum benefit for participants with ten or more years of credited service. If passed, a public hearing will be scheduled for July 6, 1999. The City Manager presented Ordinance No. 20-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENE- FITS'', SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 35.098, "SUPPLEMEN- TAL RETIREMENT INCOME AND MINIMUM BENEFITS" TO PROVIDE CERTAIN ELIGIBLE MEMBERS AND 06/ 5/99 THEIR BENEFICIARIES WHO RETIRED UNDER THE GENERAL EMPLOYEES PENSION PLAN WITH ENHANCED BENEFITS, INCLUDING AN INCREASED MINIMUM BENEFIT FOR PARTICIPANTS WITH TEN OR MORE YEARS OF CREDITED SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-99 is on file in the City Clerk's office.) Susan Ruby, City Attorney, read the caption of this ordinance. Mayor Alperin noted that should this item pass, it would again be brought before the Commission for a Public Hear- ing on July 6, 1999. Mr. Randolph moved to approve Ordinance No. 20-99 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. 12.B. ORDINANCE NO. 21-99: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", Sec- tion 33.68, "Supplemental Retirement Income and Minimum Benefit for Members Who Retired Prior to a Certain Date", of the City Code by amending Subsection 33.68(A) and by enacting Subsection 33.68(C), to provide eligible members and their beneficiaries who retired under the "Police and Fire Pension Plan" with cer- tain enhanced benefits and setting a minimum benefit. If passed, a public hearing will be scheduled for July 6, 1999. The City Manager presented Ordinance No. 21-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING, "PENSIONS", SECTION 33.68, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFIT FOR MEMBERS WHO RETIRED PRIOR TO A CERTAIN DATE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 33.68(A) AND BY ENACTING SUBSECTION 33.68 (C); TO PROVIDE ELIGIBLE MEMBERS AND THEIR BENEFICIARIES WHO RETIRED UNDER THE "POLICE AND FIRE PENSION PLAN" WITH CERTAIN ENHANCED BENEFITS AND SETTING A MINIMUM BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-99 is on file in the City Clerk's office.) -15- 06/15/99 Susan Ruby, City Attorney, read the caption of Ordi- nance No. 21-99. Mrs. Archer moved to approve Ordinance No. 21-99 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. 13. Comments and Inquiries on Non~Aqenda Items. 13.A. City Manager. The City Manager stated that he would like to see a map depicting commercial rezoning in the county. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Archer Commissioner Archer stated that during her public outreach meetings, some employees had spoken to her concerning issues, which may have not been clarified, regarding the ICMA Match program. She stated that some general employees did not seem to understand the direction taken and that it was creating a low morale problem. She suggested that the City Manager discuss the issue a little further with City staff. The City Manager explained that the match program expansion was, among other things, an incentive to maintain staffing of certain positions, which were critical from a city-wide perspective, such as the Network Engineers in MIS. 13.C.2. Commissioner Schmidt Commissioner Schmidt had no comments or inquiries. 13.C.3. Commissioner Randolph Commissioner Randolph noted that the City Bulletin Board needed to provide more information to the public. 13.C.4. Mayor Alperin Mayor Alperin had no comments or inquiries. There being no further business, Mayor Alperin de- clared the meeting adjourned at 7:50 P.M. -16- 06/15/99 City Clerk 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 15, 1999, which minutes wer~ formally approved and adopted by the City Commis- sion on ~~/~ City Clerk NOTE TO READER: If the minutes you have received are not completed 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. -17- 06/15/99