Loading...
07-07-99 JULY 6, 1999 A Regular Meeting of the City Commission of the City of .Delray Beach, Plorida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, July 6, 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 the Reverend Dan Casselberry with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Randolph moved to approve the agenda as presented, 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. 5. ADproval of Minutes~ Mr. Schmidt noted a correction to the Minutes of the Special Meeting of June 22, 1999. As currently written, the minutes indicate that at the conclusion of the special meeting, the Commission convened a regularly scheduled work session. There was no workshop scheduled to be held in conjunction with the special meeting; hence; adjournment of the special meeting concluded the evening's business. Mr. Schmidt moved to approve the Minutes of the Regu- lar Meeting of June 15, 1999, and the Minutes of the Special Meeting of June 22, 1999, with the correction noted. 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: None 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 39-99: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grants Program to be used for the purchase of an additional Special Events Response Vehicle (SERV) for the Fire Department. The caption of Resolution No. 39-99 as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANTS PROGRAM. (The official copy of Resolution No. 39-99 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 41-99: Approve a resolution in honor of the late Dr. Robert E. Raborn and proclaim Arbor Day 2000 (April 30, 2000) as "Dr. Robert E. Raborn Arbor Day", and author- ize a letter be sent to the Palm Beach County Board of Commis- sioners requesting similar recognition for Dr. Raborn. The caption of Resolution No. 41-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, IN HONOR OF DR. ROBERT E. RABORN, ACKNOWLEDGING HIS MEMORY AND HIS MANY GOOD WORKS IN DELRAY BEACH AND NEIGHBORING MUNICIPALITIES. (The official copy of Resolution No. 41-99 is on file in the City Clerk's office.) 8.C. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the total amount of $18,375.00 for an income eligible applicant under the Delray Beach Renaissance Program., with funding from 118-1924-554-83.01 (SHIP Program). 8.D. AMENDMENT %002 TO SUBSTANCE ABUSE GRANT CONTRACT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES FOR FY 1999: Ap- prove Amendment #002 to the standard contract between the City and the State Department of Children and Families for FY 1999 to decrease the City's funding allocation for the Adult Substance Abuse Prevention component by $27,800 due to a late program start date. 8.E. CONTRACT RENEWAL FOR FY 2000 WITH DEPARTMENT OF CHIL- DREN AND FAMILIES FOR CHILD/ADOLESCENT AND ADULT SUBSTANCE ABUSE PREVENTION PROGRAMS: Approve renewal of the contract between the City and the Department of Children and Families to continue the provision of substance abuse prevention programs and servic- es to children/adolescents and adults residing within the CDBG 2 71o6199 target area. The amount of grant funding for FY 2000 has in- creased to $135,000. 8.F. CENTER BASED CHILD CARE AGREEMENT WITH THE SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve the renewal of the Center Based Child Care Agreement with the School District of Palm Beach County to provide child care service programs within the City of Delray Beach for the period July 1, 1999 through June 30, 2000. 8.G. ADDENDUM NO. 1/AGREEMENT FOR GENERAL CONSULTING ENGI- NEERING SERVICES: Approve and authorize the Mayor to execute Addendum No. 1 to the City's Standard Agreement for General Consulting Engineering Services. The addendum clarifies what is to be included in each phase of the service authorization and will be reviewed and approved by the City Attorney prior to execution. 8.H. FINAL PAYMENT/FARMER & IRWIN CORPORATION (POLICE DEPARTMENT AIR CONDITIONING UNITS): Approve final payment in the amount of $3,468.00 to Farmer & Irwin Corporation for comple- tion of the replacement of seven roof top and roof mounted air conditioning units at Police Department headquarters, with funding from 334-6111-519-63.21 (General Construction Fund - Police A/C Chiller System). 8.I. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY REGARDING UNLICENSED CONTRACTORS: Approve an interlocal agreement between the City and Palm Beach County to participate under the County's Ordinance 97-56 which provides for the regulation of contractors and construction activities. The agreement authorizes the County to enforce the ordinance within our municipal boundaries. 8.J ACCESS EASEMENT AND OFF-SITE PARKING AGREEMENT: Approve an Access Easement and Off-Site Parking Agreement by and between Wal-Mart Stores, Inc., LS&R Investments (d/b/a Delray Eye Associates), and the City wherein Wal-Mart agrees to grant Delray Eye Associates the exclusive right to use 20 surplus parking spaces on Wal-Mart's property as well as a non-exclusive access easement across its driveways and walkways to allow Delray Eye Associates customers access to the 20 parking spaces. 8.K. AUTHORITY TO FILE QUIET TITLE ACTIONS: Approve and authorize the City Attorney's Office to file quiet title actions on properties received each year from Palm Beach County through the County lands available list. 8.L. AUTO THEFT TASK FORCE AGREEMENT: Approve an Auto Theft Task Force Agreement between the City and the Palm Beach County Sheriff's Office whereby Delray Beach will participate in a multi-agency operation that combines the resources of law enforcement agencies within Palm Beach County to help lower the rate of stolen vehicles. 3 7/06/99 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 14th through July 2, 1999. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the total amount of $25.456.21 to J.C. White Office Purniture, via Florida State Contract, for the purchase of office furniture modules and partitions for the City Clerk's Office, with funding in the amount of $2,700.00 from 001-1411-512-51.20 (Office Equipment < $500) and $22,800.00) from 001-1411-512-64.10 (Office Furniture/Fixtures). 2. Purchase award in the amount of $11,098.09 to J.C. White Office Furniture, via Florida State Contract, for the purchase of replacement furni- ture for the Police Department's Crimes Against Persons office, with funding from 001-2115-521-51.20 (Police Investigative - Office Equipment < $500). 3. Bid award to Bishop Plumbing Company as primary contractor and to Stokes Mechanical Contractor, Inc. as backup contractor for the Plumbing Servic- es and Repairs annual contract at an estimated annual cost of $12,856.00, with funding from various departmental operating expense budgets. 4. Bid award to Davco Electrical Corporation as primary contractor and to J. Crudup Electric as backup contractor for the Electrical Services and Repairs annual contract at an estimated annual cost of $9,343.50, with funding from various departmental operating expense budgets. 5. Bid award in the amount of $22,123.50 to Custom Care, Inc. for continuation of landscape improve- ments within the Seagate Neighborhood, focusing on the irrigation and relandscaping of medians on Seasage Drive, Bauhinia and Poinsettia, with funding from 334-4144-572-63.36 (General Construc- tion Fund - Seagate Medians). 6. Purchase award in the total amount of $31,245.00 to International Development Advisory Services, Inc. (IDAS) for the purchase of CrimeView/ArcView Crime Analysis/Mapping software for the Police Department. IDAS is the exclusive distributor in the State of Florida per agreement with the Omega Group, the developers and publishers of the CrimeView software. The ArcView software, includ- ing the Internet Map Server, are under SNAPS -4- 7/06/99 agreement with the State of Florida, effective through February 2, 2000. Funding in the amount of $23,624.00 will be from 001-2133-521-66.10 (Support Services/Software), with the remaining balance of $7,621.00 coming from Prior Year Surplus of the Law Enforcement Trust Fund. Mr. Schmidt moved to approve the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commision 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. CRA REQUEST TO RESOLVE LIENS AGAINST PROPERTY LOCATED AT 107-109 S.W. 5T~ AVENUE: Consider a request from the Communi- ty Redevelopment Agency (CRA) to waive all but $5,387.80 of the total of $12,058.51 in accumulated liens, interest and adminis- trative 'fees assessed against the property addressed as 107-109 S.W. 5th Avenue. Lula Butler, Director of Community Improvement, ex- plained this item is a request from the Community Redevelopment Agency where they are looking to acquire a piece of property that is available from the Lands Available list (which means there is a tax deed certificate), and then clear the title which would include clearing any of the outstanding liens held by the City. The CRA is willing to pay the City's out-of-pocket costs for the demolitions of unsafe structures on the property; howev- er, they are asking for a waiver of the nuisance abatement efforts and other accumulated interest fees on this property. Mrs. Butler stated that she feels this is a reasonable request as the CRA is proposing to use this lot as one of the available lots within the Renaissance Program. Mrs. Archer noted there is an additional $1,110.84 which is an actual out-of-pocket expense for the City and which the CRA is requesting be waived. She felt it would be more appropriate if the CRA also covered this additional out-of-pock- et expense. Mr. Randolph stated that Mrs. Archer's comments seem reasonable, but on the other hand the benefit that will be derived as the end result of a new homeowner under the Renais- sance Program which will put the property back on the tax rolls, in his mind, outweighs requiring the additional payment. During discussion, Mayor Alperin commented that he would like to see more accounting of how many successes the City has had in terms of turning properties around and getting them back on the tax roll. -5- 7/06/99 Mr. Randolph moved to approve the waiver of $6,670.71 in accumulated fees, interest and administrative charges as- sessed against the property located at 107-109 S.W. 5th Avenue and that the CRA remit $5,387.80 as payment for the City's demolition costs. The motion was 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. CONTRACT ADDITION (C.O. #i)/MAN CON, INC. (NORTHWEST AREA DRAINAGE, ROADWAY AND UTILITY IMPROVEMENTS): Consider approval of a contract addition in the amount of $215,119.00 for installation of new 8" ductile iron water mains on various streets, the installation of new water services on an existing 16" water main on N.W. 4th Avenue from N.Wo 3rd Street north to Lake Ida Road, and one inch asphalt overlay of the streets upon completion of the utility work. Funding is available from 442-5178-536-63.50 (W&S Renewal & replacement/Water Mains). Mrs. Archer moved to approve the contract addition (C.O. #1) with Man Con, Inc. for the Northwest Area Drainage, Roadway and Utility Improvements project. The motion was second- ed 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. 9.C. RESOLUTION NO. 44-99 AND SPECIAL EVENT REQUEST/22ND ANNUAL ROOTS FESTIVAL: Consider approval of a resolution in support of the 22nd Annual Roots Cultural Festival to be held July 9th through August, 8, 1999, together with consideration of requested support items and insurance requirements. The City Manager presented Resolution No. 44-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY ©F DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC. IN THEIR SPONSORSHIP OF THE TWENTY-SECOND ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No.44-99 is on file in the City Clerk's office.) Robert A. Barcinski, Assistant City Manager, presented an overview of the special event request for the 22nd Annual Roots Festival as outlined in his background memorandum. He stated staff recommends approval of the requests with the condi- tion that the signage be approved by the Director of Community Improvement and that a general liability insurance certificate is received as well as a hold harmless agreement. 6 7/06/99 The City Attorney recommended that the motion be framed so as to approve Resolution No. 44-99 and the staff recommendation as to approval for support items with the addi- tion of the hold harmless agreement. Mr. Schmidt so moved, seconded by Mr. Wright. 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.D. RESOLUTION NO. 43-99 (AMENDING THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM/LOCAL HOUSING ASSISTANCE PLAN): Consider approval of a resolution amending the previous- ly adopted and approved Local Housing Assistance Plan pursuant to the State Housing Initiatives Partnership (SHIP) program for Fiscal Years 1999, 2000 and 2001, to allow an increase in the maximum allowable assistance awards for low income applicants, authorize the necessary certifications by the Mayor and submis- sion of the amended plan to the State of Florida Housing Finance Corporation. The City Manager presented Resolution No. 43-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE PREVIOUSLY ADOPTED AND APPROVED LOCAL HOUS- ING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO, ESTABLISHING AN INCREASE TO THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE OF FLORIDA HOUSING FINANCE CORPORATION, PROVIDING FOR AN EFFEC- TIVE DATE UPON APPROVAL. (The official copy of Resolution No.43-99 is on file in the City Clerk's office.) Mrs. Archer moved to approve Resolution No. 43-99 and authorize the necessary certifications by the Mayor and submis- sion of the amended plan to the State of Florida Housing Finance Corporation, seconded by Mr. Schmidt. Upon roll call the Commis- sion 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. AUTHORIZATION TO CLOSE 1993 BOND WATER AND SEWER FUND: Consider approval of the Finance Department's request to close the 1993 Bond Water and Sewer Fund and transfer the funds to the Water and Sewer Fund. Joe Safford, Finance Director, stated this is essen- tially a formality item in keeping with the policy that when a construction bond fund is ready to be closed out it is brought -7- 7/06/99 to the City Commission for final approval. The 1993 bond issue was just under $7,000,000. There is one remaininW project that has a couple of outstandinW purchase orders. That is the Aqui- fer Storage & Recovery (ASR) project where the City is waiting to wet a permit which should take about 60 days. Other than that, the only remaining funds are interest earnings. For arbitrage and audit purposes, the Finance Department is request- ing Commission approval to close the fund at this time. The balances for the ASR project will be transferred and set up as a payable to that project. The interest earnings will be applied to interest costs in the Water and Sewer Fund. Mr. Wright moved to authorize the Finance Department to close the 1993 Bond Water and Sewer Fund and transfer the remaining funds as recommended by staff. The motion was second- ed 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.F. SETTLEMENT OFFER/AMIE CLARK V. CITY: Consider approv- al of a settlement offer in the referenced matter as recommended by the City Attorney. The City Attorney stated that the Plaintiff, through her attorney, has offered to settle this case for $33,000.00 which includes all attorney's fees and costs. Approval of the settlement offer is recommended. Mr. Schmidt moved to approve the settlement offer as recommended by the City Attorney, 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. 9.G. APPOINTMENT TO DELRAY BEACH PUBLIC LIBRARY TASK TEAM: Consider the appointment of Commissioner Archer to the Delray Beach Public Library Task Team. Mr. Randolph moved to appoint Commissioner Archer to serve as the City Commission's representative on the Delray Beach Public Library Task Team. The motion was 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. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 2002. The recommendation, subject to acceptance by Mayor Alperin, will be made by Commis- sioner Wright (Seat #3). -8- 7/06/99 Mr. Wright moved to appoint Dawn Guzzetta as a regular member on the Delray Beach Housing Authority to fill an unex- pired term ending July 14, 2002. Mayor Alperin accepted the recommendation for appointment. The motion was 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. 9.I. NOMINATION TO SOUTH COUNTY JURY TRIAL FEASIBILITY COMMITTEE: Consider nominating a representative for possible appointment to the South County Jury Trial Feasibility Committee established by the Board of County Commissioners to review and provide recommendations regarding the feasibility of establish- ing additional Jury Districts in Palm Beach County. Mr. Wright expressed an interest in being nominated for consideration as an appointee to the South County Jury Trial Feasibility Committee. Mrs. Archer, too, expressed an interest in this committee as she is very much in favor of having jury trials at the South County Courthouse. Mrs. Archer moved to nominate Commissioner Wright as the City's representative for possible appointment to the South County Jury Trial Feasibility Committee. The motion was second- ed by Mr. Randolph. 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 6:30 p.m., the Commis- sion moved to Item 12, FIRST READINGS, on the agenda. 12. FIRST READINGS: 12.A. ORDINANCE NO. 26-99: An ordinance amending Chapter 50, "Utilities Generally; Public Service Tax", Section 50.19, "Monthly Returns Required; Computation", of the City Code by repealing Subsection 50.19(A) and enacting a new Subsection 50.19(A) to provide for a quarterly return for sellers whose tax liability does not exceed $120.00 per quarter. If passed, a public hearing will be scheduled for July 20, 1999. The City Manager presented Ordinance No. 26-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SECTION 50.19, "MONTHLY RE- TURNS REQUIRED; COMPUTATION", SUBSECTION 50.19(A), OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AND ENACTING A NEW SUBSECTION 50.19(A) TO PROVIDE FOR A QUARTER- LY RETURN FOR SELLERS WHOSE TAX LIABILITY 9 7/06/99 DOES NOT EXCEED ONE-HUNDRED AND TWENTY DOLLARS ($120.00) PER QUARTER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Wright moved to approve Ordinance No. 26-99 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. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. The City Manager had no responses to prior public comments and/or inquiries. 11.B. From the Public. 11.B.1. Jean Beer, 2145 S.W. 26th Terrace, speaking for her- self and on behalf of P.R.O.D. (Progressive Residents of Del- ray), stated they were very happy to hear there is going to be a comprehensive plan for the Central Business District/DDA area. The members of P.R.O.D. would ask the Commission to be sure that some of the people who are appointed to this committee represent the residents of the City, not just the residents of the CRA area. The rest of the City has as much at stake, if not more, than the business community and needs to have a voice in the formulation of any such plan. She continued there is a big difference in philosophies between the people who live in Delray and the developers and the business community, most of whom do not live in the City. She noted that the emphasis now is that we need lots of residents downtown because that is the only way to get business downtown. Mrs. Beer stated that Delray Beach is different from other cities, with a small town atmosphere and a quality of life that everyone who is a resident of this city has a stake in. There has to be a balance between very intensive high rise development and the quality of life in Delray Beach. The residents want something a lot less than the developers who want to make the maximum amount of money. Mrs. Beer continued that on her reading of the CRA minutes and the report she got on the meeting, they seem to think that they are going to appoint the committee. She urged the Commission to insure that the Central Business District Plan committee include a well balanced mixture of historic preservation people and residents from the -10- 7/06/99 rest of the City instead of being stacked with business people, developers and CRA residents. ll.B.2. Alice Finst, 707 Place Tavant, who commented that the ordinances and resolutions which are posted on the bulletin board in the lobby are locked under the plastic or glass cover- ing which makes it impossible to read beyond the first page of an item. Mrs. Finst asked that the ordinances and resolutions be placed back out where the public can have easy access to read them. With respect to the roundabout or traffic circle under consideration for Atlantic Avenue, Mrs. Finst relayed her experi- ence with a traffic circle that had been installed out on west Lake Ida Road at the Via Flora intersection. It was an extreme- ly bad intersection with no traffic control. The County decided to put in a traffic island and it improved the situation tremen- dously. Mrs. Finst commented on the manner in which the County handled the installation of the circle. It was done slowly, starting with big tubs of plants to guide the traffic. Then came additional signage and after what seemed like a 'getting used to' period, the County took the tubs away and put the concrete circle in. By that time, people were trained to go in the right direction and it has worked out very well. Mrs. Finst continued that there seems to be some concern as to how the proposed roundabout at Atlantic and Swinton Avenues is going to work out downtown. She suggested that staff look into the process that was used by the County on Lake Ida Road, with training the public to go in a circle first before digging up the whole road and destroying the traffic pattern. By starting out slowly, staff would have the opportunity to try it out to see if it works before anything permanent is done. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. The City Manager reported that we have received notice from the Department of Environmental Protection that we did get a grant in the amount of $100,000 approved for the Pompey Park ballfields. The City Manager then presented the City Liveability Award from the United States Conference of Mayors and Waste Management to Mayor Jay Alperin for the Police volunteer program which earned an honorable mention at the conference. Mayor Alperin noted that the award is really for the volunteers and the fine job they have done. The City Manager distributed a memorandum that was faxed over late this afternoon from the Chamber of Commerce about one of the ordinances which will be considered later in the meeting. -11- 7/06/99 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission 13.C.1. Commissioner Schmidt had no comments or inquiries. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Wriqht had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin had no comments or inquiries. At this point, the time being 6:40 p.m. and there being no further business until the public hearings scheduled for 7:00 p.m., Mayor Alperin declared a recess of the meeting. Mayor Alperin reconvened the meeting at 7:00 p.m., at which time the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 25-99 (FIRST READING/FIRST PUBLIC HEAR- ING: An ordinance amending the Land Development Regulations by amending Section 4.6.13, "Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles", to amend parking and storage requirements as they relate to truck parking in the Seacrest/Del-Ida Park Neighborhood Plan area in the R-1-A (Sin- gle Family Residential) zone district. Prior to consideration of passage of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. If passed, a second public hearing will be scheduled for July 20, 1999. The City Manager presented Ordinance No. 25-99: 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 4.6.13, "PARKING AND STORAGE OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR VEHICLES", TO AMEND THE PARKING AND STORAGE REQUIREMENTS AS THEY RELATE TO TRUCK PARKING IN THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN AREA IN THE R-1-A (SINGLE FAMILY RESIDENTIAL) ZONE DISTRICT WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -12- 7/06/99 (The official copy of Ordinance No. 25-99 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. Jeff Costello, Principal Planner, explained that the current regulations provide that within the R-1-A district trucks may have up to 1-1/2 ton capacity. In all of the other residential zoning districts truck size is limited to 3/4 ton rated capacity. He continued that in March of 1998, the City adopted the Seacrest/Del-Ida Park Neighborhood Plan as a tool to help stabilize the area. One component of that plan was to rezone the multi-family zoning designations in the study area to R-1-A zone district. The rezoning was adopted on October 20, 1998. An unintended consequence of that action is that resi- dents of those areas may now park large trucks and commercial vehicles in their driveways. The Seacrest Homeowners Associa- tion has requested an LDR amendment to eliminate this provision for their area. It is noted that the City, the CRA and the residents (through a special assessment district) are making a substantial investment in infrastructure improvements, beautifi- cation and traffic calming measures in an effort to stabilize property values and improve the appearance of the neighborhood. To allow large trucks and commercial vehicles to be continuously parked on private driveways is felt to be counterproductive to these efforts. Mr. Costello further stated that the Planning and Zoning Board considered the proposed amendment at a public hearing on June 21, 1999. There was a motion to recommend approval of the text amendment; however, that motion failed to pass on a 3 to 4 vote. Staff supports the proposed amendment and recommends approval of the ordinance on first reading. Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Mr. Scott Christensen, 10 N.E. 13th Street, represent- ing the Seacrest Homeowners Association, stated the association requested the proposed amendment as it was one of those things that was overlooked during all of the efforts to put together the neighborhood plan and the subsequent rezonings associated with it. This zoning issue did not come up until a commercial vehicle came into the area after the zoning was actually changed. The Seacrest Homeowners Association feels it is com- pletely inappropriate to have commercial vehicles and these large trucks in the neighborhood and it is out of keeping with the intent of the neighborhood plan. Mr. Christensen urged the Commission to support Ordinance No. 25-99. -13- 7/06/99 Alice Finst, 707 Place Tavant, representing the Board of Directors of the Homeowners League of Chatelaine, who stated that it would be useful to the residents of Chatelaine to have Section 4.6.13(B) (1) (d) of the text amendment changed from, "Only trucks as defined in this section and used by a resident of the premises are allowed", to "Only trucks as defined in this section and owned by a resident of the premises are allowed". She stated that a lot of businesses use residential areas for night time parking and the Chatelaine homeowners feel there would be better control over this proposed change if it were limited to 'owned' instead of 'used' by a resident, or amended to 'owned and used by a resident' There being no one else who wished to address the City Commission, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 25-99 on FIRST Reading, seconded by Mrs. Archer, for purposes of discus- sion. Mr. Schmidt stated he had a concern about Mrs. Finst's recommendation as he feels it is unreasonable to say that if you work for someone you can't bring your truck home and have to park it somewhere else, but if you actually own the truck it's okay to park in your driveway. He stated he would like to see the ordinance passed as written by staff. Commissioner Wright and Commissioner Archer concurred with Mr. Schmidt's comments. On question from Mayor Alperin for clarification, Mr. Costello stated that the proposed change to 3/4 ton would apply only to those properties zoned R-1-A (Single Family Residential) located within the Seacrest/Del-Ida Park Neighborhood Plan area. The rest of the ordinance is as it was before, but the change is to include the Seacrest/Del-Ida Park area in with all of the other residential zoning districts that already have the 3/4 ton limitation. Mr. Randolph stated he understands the intent behind the proposed ordinance, but having worked in the trades for many years he is concerned that this change will have a negative impact on others who work in the trades to make a living. For this reason, he stated he would not support Ordinance No. 25-99. Mayor Alperin clarified that the larger trucks up to 1-1/2 ton capacity have only been allowed in the Seacrest/ Del-Ida neighborhood for about eight months since the properties were rezoned to R-1-A. They only became allowed through an oversight when the rezonings occurred. The proposed ordinance is not taking away something that was always allowed there, but something that was inadvertently given with the rezonings that were done to correct another problem. At this point, the roll was called to the motion. Upon roll call the Commission voted as follows: Mr. Randolph - -14- 7/06/99 No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 4 to 1 vote. 10.B. ORDINANCE NO. 23-99 (FIRST READING/FIRST PUBLIC ~EAR- ING): An ordinance amending the Land Development Regulations by amending Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", and Section 4.6.9, "Off-Street Parking Regulations", Subsection (E), "Loca- tion of Parking Spaces", all to amend parking requirements for restaurants in the Central Business (CBD) District. If passed, a second public hearing will be scheduled for July 20, 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. 23-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO AMEND PARKING REQUIRE- MENTS FOR RESTAURANTS IN THE CENTRAL BUSI- NESS (CBD) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-99 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. Ron Hoggard, Senior Planner/Redevelopment, introduced the item by explaining that the in-lieu of parking fee issue in the downtown area was initially discussed late last year. Part of the proposed amendments at that time were to increase the parking requirements for restaurants in the original DDA area from one space per 300 square feet to six spaces per thousand square feet. Since the in-lieu fee ordinance at that time was pretty detailed and dealt with a lot of issues, it was deter- mined to pull the restaurant section out of that ordinance and deal with just the in-lieu fee issues which ordinance was subse- quently passed. The restaurant parking issue was taken back to the Parking Management Advisory Board in February, 1999, and the board reaffirmed its original decision that the parking require- ments for restaurants in the original DDA area should be in- creased from one space per 300 sq.ft, to six spaces per 1,000 -15- 7/06/99 sq.ft., which equates to an additional 2.67 spaces per 1,000 sq.ft. Currently, in the original DDA area which is one block north and south of Atlantic Avenue between Swinton Avenue and the Intracoastal Waterway, the parking requirement for all non-residential uses is one space per 300 sq.ft. Therefore, any building that may start out as a retail operation and subsequent- ly converts to a restaurant does not have to provide any addi- tional parking for the restaurant even though that use generates a greater parking demand. Mr. Hoggard continued that the proposed ordinance would increase the parking requirement to six spaces per 1,000 sq.ft, which is the current parking requirement in the Pineapple Grove area, the West Atlantic Avenue redevelopment area, the OSSHAD district and the rest of the CBD area east of the Intra- coastal Waterway and north and south of the original DDA area. The parking requirement in the rest of the City is 12 spaces per 1,000 sq.ft, for restaurants. Mr. Hoggard noted that the consul- tants, Rich & Associates, recently completed their study on parking east of the Intracoastal and their recommendation in that area was to go to 12-1/2 spaces per 1,000 square feet for restaurants. Staff did not feel this was supportable; however, the six spaces per 1,000 sq.ft, still gives a benefit to redevel- opment yet brings the required parking closer to the actual demand requirement for restaurants. Mr. Hoggard further noted that since the in-lieu fees were increased and if the proposed parking increase is passed, in order to make it easier for restaurants to supply their parking and meet the additional cost requirements, a provision was added to the proposed ordinance to allow off-site parking lots to utilize valet parking. Currently, an off-site parking lot has to be within 300 feet of the business. This ordinance would add methodology to allow those parking lots to be located within 1,000 feet and a valet service to operate for the restau- rant to supply the necessary parking. The City Attorney had included language where the off-site parking has to be secured by a memorandum which will be recorded and a lease has to be provided on a yearly basis. If the lease expires and the off- site parking disappears, then the owner gets up to 45 days to secure additional parking or pay the in-lieu of fee, or stop the use. In conclusion, Mr. Hoggard stated that the Planning and Zoning Board recommended against the proposed ordinance on a 5 to 2 vote. The main issue was that the board did not feel there is a true parking problem in the downtown area and that the text amendments would hurt the smaller businesses. The Community Redevelopment Agency (CRA) also reviewed the proposed amendments and recommended approval of the off-site parking lot and valet provisions, but recommended denial of the increased parking requirements for restaurants. -16- 7/06/99 At this point, Mayor Alperin declared the public hearing open. Speaking from the audience were the following: Chris Brown, Executive Director of the Community Redevelopment Aqenc¥ at 24 North Swinton Avenue, reitereated the CRA's opposition to the proposed ordinance. The in-lieu of parking fee has already been increased from $6,000 per space to $12,000 per space for this area. To now double the parking requirement for restaurants will virtually guarantee that no more restaurants will open in this area of the CBD. The burden of the increased in-lieu of fee coupled with an increase in parking is too great for the economic means of someone with a small business to handle. The other issue is that there are many forms and sizes of restaurants. They are not all 5,000 sq.ft, restaurants that serve 300 meals on a Friday night. A coffee shop inside of a bookstore will get classified for that space as a restaurant, as would a small ice cream shop. There are many forms of restaurants and the proposed ordinance is a sweeping piece of legislation that will certainly hurt the very small enterprises, not to mention the larger restaurants. Mr. Brown stated that he feels there is enough parking and one of the jobs of the CRA is to keep up with the parking. The CRA has spent literally millions of dollars in the CBD building parking spaces and continues to look at other locations for additional parking to keep up with the parking demand. Mr. Brown concluded by stating that restaurants are the engine for downtown redevel- opment and to double the parking burden on top of the increased fee is going to kill any additional restaurants in the CBD. He urged the City Commission not to adopt the proposed ordinance. Susie Simms, Chairman of Goverrnnental Affairs, Delra¥ Beach Chamber of Commerce, and Bill Wood, President of the Delray Beach Chamber of Commerce, speaking on behalf of the Chamber, respectfully requested that the Commission not adopt the proposed ordinance but keep the requirement for parking spaces for restaurants in the CBD exactly as they are. Mr. Wood commented that apparently some see the proposed ordinance as a way to control the number of restaurants in the downtown, sort of a statement that we have enough and do not need any more restaurants, and that the ordinance will also solve the parking problem. Mr. Wood reminded everyone that the downtown restau- rants are in large measure responsible for the resurgence and success of the downtown. As patrons have come to enjoy the restaurants, they have also come to discover the shops and the galleries and the ambiance of Atlantic Avenue. These patrons are the one who will tell us and the restaurants when there are enough because they will stop coming to them. In the meantime, the City has already doubled the fee for in-lieu of parking to more accurately reflect actual costs of constructing parking. This change is new enough that we do not yet know the actual impact on restaurant development; however, we do know that it is going to have a significant dampening effect on restaurant investment in the Central Business District. Higher fees or not, investors in larger restaurants considering the downtown -17- 7/06/99 are going to be very pragmatic in their decisions. They know they will have to have enough parking for their patrons. The combination of higher fees and increased requirements for spaces is actually going to hurt most those who will have the least impact on the parking problem; that is, small food establish- ments like the ice cream parlor or the coffee shop. These are the businesses that make up the character and the quaintness of the downtown. Mr. Wood stated that the Chamber does not believe that the proposed change to six spaces per 1,000 sq.ft, is necessary, particularly in light of the new $12,000 in-lieu of parking fee. Any rush to control something that is inherently self-controlling will effectively shut down both new and expan- sions of existing food establishments. Mr. Wood urged the Commission's careful consideration of the arguments as downtown revitalization does not have an "end", but challenges ut to use our economic tools more creatively and carefully as we continual- ly progress. Aldo Coniqliaro, 137 East Atlantic Avenue, questioned the position that there is a parking shortage in the downtown. We have tennis tournaments, Art & Jazz on the Avenue, the Delray Affair, and any number of other special events that draw thou- sands of people to Delray Beach and for each event we manage to park the cars. He has never received any complaints from his customers that they were not able to find parking, and since the restaurants primarily do their biggest business at night when the business people have gone home, he does not understand how targeting restaurants is going to affect the parking situation. Mr. Coniglaro stated that if the proposed ordinance is adopted, it is going to stop the smaller projects from coming to the downtown and that will hurt the uniqueness of Delray Beach. He urged the Commission to deny the proposed ordinance. Bill Branninq, 9 N.E. 2nd Street, President of Pineap- ple Grove Main Street, stated that the members of Pineapple Grove are also opposed to the proposed ordinance. In the Pineap- ple Grove neighborhood plan which was endorsed and approved by the Commission several months ago, we were asking for the same parking that Atlantic Avenue has at 3 spaces per 1,000 sq.ft. because it cannot be denied that that provision has enabled businesses to come in and turn Atlantic Avenue around. If the City now starts going backward, it will not only hurt Atlantic Avenue but Pineapple Grove as well, and just at the point that Pineapple Grove is looking to move forward. Jean Beer, speaking for herself and on behalf of P.R.O.D. (Proqressive Residents of Delra¥), stated the proposed ordinance was discussed by P.R.O.D. at their board meeting earlier in the day and the vote was to be in favor of this ordinance. She noted that the Parking Management Advisory Board supported the proposed change and she felt the Commission ought to listen to that board's recommendation. From her personal point of view, doubling the parking requirement might be a bit too much and also classifying a coffee shop as a restaurant -18- 7/06/99 seems unreasonable as well. However, if the people in the OSSHAD district and all the other areas have to comply with the 6 spaces per 1,000 sq.ft, requirement, then it is not unreason- able to expect the rest of the City to do likewise. Mrs. Beer suggested, from a personal standpoint, that perhaps the ordi- nance should be sent back for additional review and rewrite. Frank Holmes and John Peterson, representing Outside The Box, a small development company in Delray Beach, expressed their opposition to the proposed ordinance. It would virtually prohibit small developers such as themselves from proceeding with projects planned for the downtown/Pineapple Grove area. In their opinion, there is not a problem with parking in the down- town and the ordinance as presented would only serve as a deter- rent to continued redevelopment and new development. Butch Johnson, representing 32 East, expressed the opinion that the proposed ordinance will prohibit the addition and expansion of businesses in the downtown. To increase the up-front costs to the extent that this ordinance proposes to do will only be prohibitive to development efforts which will further help Atlantic Avenue. Mr. Johnson cautioned against how much new business (or in his case, expansion) will be impacted and urged the City Commission to seriously reconsider the pro- posed ordinance. Bruce Gimmy, 439 East Atlantic Avenue, representing the Parking Management Advisory Board, stated that he is also representing many of the existing restauranteurs in the downtown area which he represents on the parking board. It is the charge of the Parking Management Advisory Board to recommend solutions to the City Commission. The Board reviewed the proposed ordi- nance, with advice from the Planning staff and from the parking consultants, and determined that now is the time to proceed with such an ordinance. Mr. Gimmy stated that he had spoken with representatives of Twilight Zone, City Limits, Delray Cafe, Dakotah 624, Peter's Stone Crab, Splendid Blendeds, and Erny's and their comments were "overkill", "saturation"and devaluing their businesses. For every new one that opens, at least one restaurant will close. Mr. Gimmy urged the Commission to pro- tect the existing restaurants on East Atlantic Avenue. New restaurants are needed on West Atlantic Avenue, in Pineapple Grove and on the Federal Highways which is perhaps the emphasis should now be placed. Michael Weiner, representing the Richwagens, the owners of Power's Lounge as well as their bicycle shop, urged the City Commission not to pass Ordinance No. 23-99 as it will only serve to proclaim the car as king and Delray Beach will become an average town. The experiment downtown with the re- duced parking has worked well and it would be foolish to cut it off and stop the redevelopment and renovations which is exactly what will happen if the ordinance is passed in conjunction with the increased in-lieu of parking fees. The ordinance will make -19- 7/06/99 it that much more difficult for a small family enterprise that has been in town for a very long time to proceed with plans to preserve a building that has stood for decades. Mr. Weiner urged the Commission to stick with the plan as it stands. It has worked and we do not want to see all of that effort stalled in its tracks. Matt Gracey, 505 East Atlantic Avenue, expressed the concern that the economic engine is really being blamed here for a problem that might be created in the future. There are no easy solutions, but he did not feel that all of the other op- tions have been given a fair chance. He continued that if the Commission were to vote in favor of the ordinance this evening, he urged that the queue space concept be seriously reconsidered as he felt it is a horrendous concept that will kill the spaces on Atlantic Avenue. The restaurants have been a boon to the revitalization of the downtown, but the key to the whole situa- tion is long term planning and coming up with some workable solutions. Ronald Brion, operator of the art gallery at 207 East Atlantic Avenue, stated that he has operated the business for some two years, seven days a week, and has not once received a complaint from his customers about parking. He did complain, however, that in the 200 block of Atlantic Avenue there are six restaurants, including Power's Lounge, with a seventh scheduled to open. There are twelve parking spaces, three of which are used for valet purposes. Of the nine remaining spaces, five or six are taken by waiters, waitresses or business owners. He felt it would help the parking situation if these individuals were directed to park elsewhere rather than take up the on- street spaces. Paul Schmidt, 945 Hibiscus Lane, who stated that he felt it would be unfair to Pineapple Grove and West Atlantic Avenue and future entrepreneurs in those areas to impose the proposed parking restrictions. The restaurants on Atlantic Avenue have caused the turnaround downtown. To do a reverse now and unfairly charge those businesses, some of which are going to be restaurants, who want to locate in Pineapple Grove or on West Atlantic Avenue will only serve to defeat the progress that has been made. Beril Kruger, 9 N.E. 16th Street, who urged the Commis- sion not to revert to what we used to have in Delray Beach, a deserted Atlantic Avenue after 5:00 p.m. The restaurants have come in and brought people to the downtown along with other businesses. There are people strolling the Avenue until 11:00 p.m. and later. People have moved to Boca and now want to come back to Delray Beach. The progress that has been made has to keep going. Mr. Kruger stated he did not feel there is a park- ing problem. Every night of the week people come downtown and don't have a problem parking. Even during events like the -20- 7/06/99 Delray Affair, people find places to park. He urged the Commis- sion to reject the proposed ordinance. Christina Betters, owner of the Twiliqht Cafe, who stated that she feels the growth in Delray is good and there are enough people to keep all the businesses going. She asked that the Commission not adopt the proposed ordinance. There being no one else who wished to address the Commission, the public hearing was closed. For clarification, Mr. Hoggard responded to several of the comments that had been made during the public hearing. First, for changes in use, the in-lieu of fees have no effect on restaurants downtown currently. They would only be impacted if the parking requirements were changed and the City required them to pay for their additional parking spaces. Right now, they could change the use for existing square footage and they do not have to pay the in-lieu fee because there is no additional parking required. Second, regarding Pineapple Grove, the park- ing requirement is not being changed for that area. The parking requirement is six spaces per 1,000 sq.ft.; that is not being changed. Also, the in-lieu of parking fee for the Pineapple Grove was not increased. It remains at $6,000 per space. Discussion by the Commission followed. Mayor Alperin stated he agrees that right now there is no parking problem downtown. However, the Commission does have a responsibility to plan for the future and he felt that if Delray Beach continues to grow at the rate we are going, then we will have a parking problem. He felt that some consideration should be given to uses such as ice cream parlors and coffee shops which is appropriate to the impact these uses would have on the parking situation. Further, he is concerned about how the in-lieu of parking fee will affect redevelopment, but at the same time he is also concerned about the competition that may be created for the businesses already here. He felt that perhaps the ordinance as proposed is a little premature. Mr. Wright stated that he heard some convincing argu- ments tonight against the proposed ordinance and he felt that most of them were valid. He felt the plan has worked well so far and we may have a problem if we start tinkering with it. Mrs. Archer stated that she strongly supports adequate parking for future development in downtown Delray Beach, but she also supports solutions. She stated she could not support Ordinance No. 23-99 in its current form. She felt there are three major areas that have to be given consideration. The first is the problem of employee parking. The second one is areas targeted for redevelopment. She felt that an area like Pineapple Grove deserves the same consideration for restaurants which initiated the development in the downtown along Atlantic -21- 7/06/99 Avenue, and possibly this same consideration needs to be given to West Atlantic Avenue as well. Third, she felt we need to take into consideration the small business establishments. Any establishment under 1,500 sq.ft, cannot survive under the cur- rent in-lieu of parking fees. Without giving consideration to these areas, Mrs. Archer could not support the ordinance in its current form. Mr. Schmidt stated that his problem with Ordinance No. 23-99 and the one to follow on the agenda (Ordinance No. 24-99) is that they seem to be taking a piecemeal approach to parking, instead of looking at the downtown as a whole. First, do we have a parking problem; are there specific areas where there may be parking problems; and being able to hopefully craft a solu- tion that will deal with all of the downtown. Mr. Schmidt felt that the study that is going to be done of the CBD might be the perfect opportunity to take a look at the entire downtown busi- ness district from a parking standpoint to see what the problems may be and what solutions may be required. Second, Mr. Schmidt stated that he will not be present at the July 20th regular meeting, so if the vote this evening is to pass the ordinance on first reading, he would ask that second reading of the ordinance be deferred until the August 3rd regular meeting as he would certainly want the opportunity to vote on this ordinance. Mr. Randolph commented that he feels for what we have now and the current number of restaurants in the downtown, there is sufficient parking. To change the current ordinance at this point, he feels would be a mistake. He suggested holding off on it as he would not want to rush into anything that is going to damage what has been accomplished over the last few years to make Delray Beach the viable community that it is. At this point, in its current form, Mr. Randolph stated he would not support Ordinance No. 23-99. Mayor Alperin concurred with Mr. Schmidt that when the whole CBD is looked at would be the ideal time to also address parking. Mrs. Archer stated she would be in favor of giving credit for those establishments that provide lease agreements for off-site parking in private lots. She felt this was an excellent idea and a way to be sure that any future growth does not create an additional problem for parking. She was not in favor of having queue spaces all up and down Atlantic Avenue and would like to see some resolution of that or continued use of shared spaces or perhaps spaces that do not queue on Atlantic Avenue. She would also like to see some way to handle employee parking. In addition, she concured with Mr. Schmidt's sugges- tion to look at the situation in an overall format along with the study of the CBD. Mrs. Archer moved to DENY Ordinance No. 23-99 on First Reading, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; -22- 7/06/99 Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 24-99 (FIRST READING/FIRST PUBLIC HEAR- ING: An ordinance amending Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regula- tions'', Section 4.6.9, "Off-Street Parking Regulations,,, Subsec- tion (C), "Number of Parking Spaces Required", of the Land Development Regulations of the City of Delray Beach, to amend parking requirements for residential uses in the Central Busi- ness District and for certain mixed use projects within the City of Delray Beach. If passed, a second public hearing will be scheduled for July 20, 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. 24-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT,,, SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS,,, AND SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS,,, SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO AMEND PARKING REQUIRE- MENTS FOR RESIDENTIAL USES IN THE CENTRAL BUSINESS DISTRICT AND FOR CERTAIN MIXED USE PROJECTS WITHIN THE CITY OF DELRAY BEACH; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 24-99 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. Ron Hoggard, Senior Planner/Redevelopment, explained that the Comprehensive Plan has policies dealing with the recom- mendation that additional residential development be attracted to the downtown area and gave an overview of the basis and rationale for the proposed LDR amendments. Currently, the parking requirements for residential development downtown are the same as in other areas of the city. Staff believes that these requirements are too high for downtown dwelling units which tend to be occupied less by families than by singles or couples, many of whom prefer a downtown setting in order to be less automobile-dependent. The proposed LDR amendments include provisions to reduce the parking requirements for residential units in the CBD. This is accomplished by eliminating the -23- 7/06/99 required guest parking spaces for multi-family units which are constructed downtown. Sections of the code dealing with shared parking provisions have also been amended to provide a more comprehensive method of determining the parking requirements for mixed use projects. Mr. Hoggard stated the Parking Management Advisory Board reviewed the proposed amendments on May 25, 1999, and recommended approval. The Community Redevelopment Agency re- viewed the proposed amendments on May 13, 1999, and also recom- mended approval. Pineapple Grove Main Street reviewed the amendments on June 8, 1999, and had no comments. The Downtown Development Authority reviewed the amendments on June 16, 1999, and had no objections. The Planning and Zoning Board held a public hearing on the proposed amendments on June 21, 1999. Chris Brown, CRA Director, spoke in favor of the proposed amend- ments. There were no other public comments. After discussion, the Board voted to recommend adoption of the proposed amendments by a vote of 6 to 0, with Elaine Morris abstaining. At this point, Mayor Alperin declared the public hearing open for Ordinance No. 24-99. Speaking from the audi- ence were the following: Bill Wood, President of the Delra¥ Beach Chamber of Commerce, stated that the Chamber supports the proposed ordi- nance as both the Chamber of Commerce and the Council of 100 are in favor of all the programs that might be implemented that would encourage residential uses in the downtown area. Increas- ing residential development in the downtown is viewed as a long term solution to increased competition with other communities who are also working hard to make sure that their downtowns are vibrant and exciting places to be, as well as insuring that the existing businesses and shops survive and do well. Mr. Wood concluded by stating that the proposed ordinance is simply good policy. Chris Brown, CRA Executive Director, reiterated the Community Redevelopment Agency Board's support for Ordinance No. 24-99. One of the CRA's primary goals is to get people to live downtown and walk to the various restaurants and businesses, and the proposed ordinance is one that will help further this goal. Alice Finst, 707 Plmce T&vant, stated that she was very confused by all of the various amendments being proposed to address parking. Mrs. Finst felt there was a need to look at all of the parking issues as a whole in one comprehensive pack- age. Rodne¥ Romano, representing Dharma Holdinqs at 14 South Swinton Avenue, spoke in opposition to the proposed ordi- nance. He expressed the opinion that before any legislation is put in place, there is a need to first plan from an overall standpoint as relates to the parking issue. Mr. Romano further -24- 7/06/99 stated that as soon as the Commission makes a decision on this parking issue, the Block 77 development group will submit plans for the development of 240 residential units and 12,000 sq.ft. of commercial space. This equates to a density of more than 91 units per acre. In the staff report it is stated that staff believes the City's current standards are too high and should be lowered. However, they do not know for sure. If they are wrong and the Block 77 project is allowed to happen and it turns out there is inadequate parking, then what is going to happen as a practical matter is that the tenants of the development will use the public parking that is supposed to be replaced and the City will lose out. On the other hand, if staff is correct, then the ordinance as proposed appears to be fair. Recently, both the City Commission and the CRA advocated a comprehensive study of the CBD zone district because there is no clear vision with regard to traffic, parking, building height, clustering and all of the other planning issues that are so important to the CBD area. Mr. Romano respectfully requested that the Commission defer consideration of the proposed ordinance and incorporate it in to that comprehensive study so that regulations can be formu- lated in an orderly and proper fashion. Then, all of the appro- priate changes and ordinances can be presented as one complete package to the Commission for consideration. Matt Gracey, 505 East Atlantic Avenue, encouraged the Commission to support Ordinance No. 24-99 as it will help to encourage more residential development in the downtown. He added the caveat that the ordinance should be looked at as far as large scale developments go, although he was not advocating one way or the other for the Block 77 proposal. He felt addi- tional research was warranted along this line. Jean Beer, speaking for herself and on behalf of P.R.O.D., stated she was delighted to hear that there is no parking problem downtown so we don't need those parking garages she has been hearing about for years. Now, with the proposed ordinance, there is going to be no guest parking. The parking requirement is going to be cut. Mrs. Beer stated this makes no sense, especially in view of all of the discussion about the need for parking garages. She felt it imperative that the Commission look at what makes sense for Delray Beach, not as compared to everybody else. If Delray Beach is going to contin- ue to be a different kind of place than Fort Lauderdale, West Palm Beach and Boca Raton, then the Commission needs to plan for Delray the way we want it to be. Mrs. Beer concluded by stating that doing things piece by piece does make any sense. There being no one else from the audience who wished to address the City Commission, the public hearing was closed. Discussion by the Commission followed. Mrs. Archer stated she felt residential development in the downtown is a very important component of Delray's continued -25- ?/06/99 successs. However, she could not support a project that does not provide any designated guest parking as she felt sure those cars would use public parking. She felt that the shared parking concept is a viable one and that perhaps the current parking requirements for residential downtown are too high. While she could support a reduction, she would not support the elimination of designated guest parking. She felt some determination as to guest parking needs to be made that will not totally impact public parking. Mr. Wright echoed Mrs. Archer's comments with respect to guest parking. He felt that some accommodation for guest parking has to be made and he could not support the proposed ordinance in it's current form. Mr. Schmidt commented on the discrepancy between the prior ordinance (No. 23-99) where we said we do not have enough parking for restaurants and have had to resort to valet parking, yet with Ordinance No. 24-99 it seems there are other opportuni- ties for parking for guests of people living downtown. When considering the vision the City has for developing residential in the downtown, if it is as successful as people hope it will be, it's not just going to be the residents that live downtown utilizing the shops and the restaurants. There will be other people coming downtown and they are going to need a place to park, as are the guests of the people living there. Mr. Schmidt stated he could not support Ordinance No. 24-99 and again asked that if it is passed on first reading this evening, that second and final reading be deferred to the August 3rd regular meeting so that he can be in attendance to vote on it. Mr. Randolph also expressed concern about the elimina- tion of guest parking. If it isn't there, people are going to use public spaces. At this point, Mr. Randolph stated he was not completely comfortable with the ordinance. Mayor Alperin stated there were two issues raised this evening that bother him. One is that if you don't compare yourself with other places, what do you compare yourself with. When it comes to character, design or projects, he agreed that we don't want Delray Beach to be like other cities but to go in our own direction. But when it comes to numbers, you have to use other places for comparison purposes. The second thing that really bothered him was Mr. Romano's comments about the Block 77 project. Mayor Alperin felt Mr. Romano contradicted previous comments from a few weeks ago in an effort this evening to kill an idea by creating concern about it. The Mayor continued, however, that he does not see a valid reason to drop the guest parking. If the downtown residential concept succeeds, then hopefully there will be more people coming to the downtown and he felt that proposed residential developments should make accommodation for guest parking within the project itself. -26- 7/06/99 At this point, the City Manager stated it is interest- ing that you are always trying to find a balance with parking because you don't want to require too much because it is expen- sive to build, but you want to be sure there is enough to meet the need. He felt that in this particular instance for residen- tial development downtown, the City's requirement is high al- though perhaps it needs to be addressed in a different way than is proposed in Ordinance No. 24-99 with the elimination of guest parking. However, he also noted that over the last three or four years the City has been contacted by two high-rise build- ings on the beach that wanted to sell the City parking spaces because they are never used. We had to tell them 'No', because those parking spaces are required to meet the buildings' code requirements. Nonetheless, he felt that perhaps the Commission is correct that the whole structure of the proposed ordinance needs to be evaluated further before any action is taken. Mr. Schmidt moved to DENY Ordinance No. 24-99 on First Reading, 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. 10.D. 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. 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. 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 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.) -27- 7/06/99 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. Mayor Alperin declared the public hearing open. There being no one who wished to address the City Commission, the public hearing was closed. The City Attorney noted a typographical error in Section 1 of the ordinance. The increase should be effective August 1, 1999, not July 1, 1999 as currently written. Mrs. Archer moved to approve Ordinance No. 20-99 on Second and FINAL Reading, with the correction noted by the City Attorney. The motion was 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 passed with a 5 to 0 vote. 10.E. ORDINA/qCE 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. 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. 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 SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No.21-99 is on file in the City Clerk's office.) -28- 7/06/99 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. 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. Mr. Wright moved to approve Ordinance No. 21-99 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.F. ORDINANCE NO. 22-99 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending the Land Development Regulations of the City of Delray Beach by amending Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(B) , "Principal Uses and Structures Permitted", Subsection 4.4.13 (F) ((2) , "Open Space", Subsection 4.4.13 (G) (2) , "Setbacks", and Subsection 4.4.13(H) , "Special Regulations", subparagraph (4); by amending Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", Subsection 4.4.28(B), "Principal Uses and Structures Permitted", all to amend the Central Business District and the Central Business District-Railroad Corridor zone districts in conjunction with the adopted Pineapple Grove Main Street Plan. If passed, a second public hearing will be scheduled for July 20, 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. 22-99: 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 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSEC- TION 4.4.13(B) "PRINCIPAL USES AND STRUC- TURES PERMITTED", SUBSECTION 4.4.13 (F) (2) , "OPEN SPACE", SUBSECTION 4.4.13(G) (2), "SET- BACKS" , AND SUBSECTION 4 . 4 . 13 (H) , "SPECIAL REGULATIONS", SUBPARAGRAPH (4); BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC)" SUBSECTION 4.4.28(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", ALL TO AMEND THE CENTRAL BUSI- NESS DISTRICT AND THE CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR ZONE DISTRICTS IN CONJUNCTION WITH THE ADOPTED PINEAPPLE GROVE MAIN STREET PLAN; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. -29- 7/06/99 (The official copy of Ordinance No.22-99 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. Jeff Costello, Senior Planner, presented an overview of the proposed ordinance stating that the proposed LDR amend- ments are required to implement the recommendations of the Pineapple Grove Main Street Plan which was adopted by the City Commission on May 5, 1998. The Planning and Zoning Board consid- ered the amendments at a public hearing on June 21, 1999, and voted unanimously to recommend approval. 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. Mr. Randolph moved to approve Ordinance No. 22-99 on FIRST Reading, seconded by Mr. Wright. Prior to roll call, Mr. Schmidt commented that with respect to the setbacks, the Commission recently made a similar setback change up on North Federal Highway and people who are hoping to develop are being affected by that because of the grade differential between Dixie Highway and Federal Highway. Mr. Schmidt asked that prior to second reading of the ordinance, the City Engineer take a look at this to make sure that no one is going to run into the same kind of problems. Mrs. Archer commented that she understood that this had already been addressed in that there would be some process for anyone who had that problem set up to change those require- ments or to alleviate the situation on a project by project basis that would not require additional fees or submittals. Mr. Costello stated that the process has now been set up and the problem with the Jennings project on North Federal Highway has been worked out. Mr. Schmidt reiterated that he wanted to be sure that this was looked at so that there were no unanticipated conse- quences for people when they want to come in for development proposals. At this point, the roll was called to the motion. 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. -30- 7/06/99 10.G. RESOLUTION NO. 40-99 (PROPERTY TRANSACTIONS BETWEEN THE CITY, THE CRA AND THE HOUSE OF GOD CHURCH): Consider approv- al of a resolution authorizing the City to purchase and sell cer- tain real property located on the west side of N.W. 3rd Avenue and incorporating the terms and conditions of two Contracts for Sale and Purchase between the City, the Community Redevelopment Agency, and The House of God Church. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 40-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE AND SELL CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ON THE WEST SIDE OF N.W. 3RD AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING THE CONDITIONS AND TERMS OF TWO CONTRACTS FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH, THE COMMUNITY REDEVELOPMENT AGENCY AND THE HOUSE OF GOD CHURCH; AND PROVIDING FOR PUBLIC NOTICE AND A PUBLIC HEARING. (The official copy of Resolution No. 40-99 is on file in the City Clerk's office.) The City Attorney stated this is a somewhat complicat- ed land transaction, but the two contracts (one between the City and the CRA and the other between the City and the House of God Church) essentially provide for a swap of property amongst the three parties, subject to all of the title work being acceptable. A public hearing was held having been legally adver- tised 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. On question from Mr. Wright as to the City's actual cost, the City Manager stated it will the cost the city the $65,100 minus the $10,597, which is $54,503. In looking at how the City would pay for this, one possibility was the money (roughly $50,000) that was received from the Marriott for the access easement across City property and we are also receiving payment for some liens on the lots that are being transferred to the Church. Between the two of those, the cost of the acquisi- tion is pretty well covered. The Manager also noted that the CRA paid some $30,000 for the two lots which are being given to the Church. -31- 7/06/99 Mr. Wright moved to approve Resolution No. 40-99, seconded by Mr. Randolph. ~on 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. At this point, Mayor Alperin asked if there were any additional comments from the public from anyone who might not have been at the meeting prior to 7:00 p.m.? Speaking from the audience was the following: Shirley Johnson, 701 N.W. 4th Street, who stated it is her understanding that the City is again entertaining the idea of submitting an application for designation as an All-America City. Ms. Johnson stated that if public funds are used for the process or the application, she requested that the public be given the opportunity to speak on this matter prior to any commencement of the process. While she understands the full impact of applying for and/or winning the All-America City designation, she felt the funds could better be spent on more worthy projects at home and to address the needs of the citizens in all areas of the City. No one else from the public wished to address the City Commission. There being no further business, Mayor Alperin de- clared the meeting adjourned at 8:50 p.m.  City Clerk ATTEST: THe undersmgned zs the y+M~ 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 July 6, 1999, which minutes w~f~ ~ormally approved and adopted by the City Commis- sion on ~z~z~ o~Z~, /~ . 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. -32- 7/06/99