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08-03-99 AUGUST 3, 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay A1perin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, August 3, 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 given by the Reverend Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval: Mayor Alperin noted the additional information which had been provided in relation to Item 12.A., Ordinance No. 29-99 (Police and Fire Retirement Plan), concerning a request from the I.A.F.F. that the provisions of the amended ordinance be applica- ble to those members already retired or enrolled to retire under the DROP plan. The City Manager asked that Item 8.B., Final Plat Approval for Congress Commerce Centre, be removed from the agenda. Mr. Schmidt asked that Item 8.I., Great Floridians 2000 Award, be moved from the consent agenda to the regular agenda for consideration as Item 9.AA. The City Attorney asked that the agenda be amended to include the appointment of an alternate representative to the Intergovernmental Coordination Issues Forum. It was the consen- sus of the Commission to add this to the regular agenda as Item 9.K. Mr. Randolph moved to approve the agenda as amended, 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. 5. Approval of Minutes: Mr. Wright moved to approve the Minutes of the Regular Meeting of July 20, 1999, seconded 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. 6. Proclamations: 6.A. Recognizing and commending Dana Sittler on her achieve- ments and as a participant in (1) The Miss Pre-Teen Florida Scholarship and Recognition Program and (2) The Miss National Pre-Teen Program. Mayor Alperin read and presented two proclamations recognizing Miss Sittler's selection to participate as a State Finalist in both The Miss Pre-Teen Florida Scholarship and Recognition Program and The Miss National Pre-Teen Program, and commending her for her many and varied accomplishments. Miss Sittler came forward to accept the proclamations. 7. Presentations: 7.A. Presentation by Mr. William Fay, Principal at Banyan Creek Elementary School, recognizing Mayor Jay Alperin and Assistant City Manager Robert A. Barcinski for their assistance to the elementary school. Mr. Fay explained that when he first arrived as Princi- pal at Banyan Creek Elementary School four years ago, one of the issues he was faced with was the fact that the school did not have cable television available to it as a learning resource. In working with Adelphia Cable, Mr. Fay was informed that the school was too far from a connection. In working with the School Board, the school was $2,500 away from getting to the connection. Mayor Alperin heard about the situation, and he and Bob Barcinski, the Assistant City Manager, got together with then-School Board member Bob Hayes and a local representative from Adelphia to figure out a way to solve the problem. They did so by coming up with a grant and Banyan Creek Elementary School did eventually get hooked up to cable. Mr. Fay commented that while this seems like a small item, it is the type of thing that reflects why he is so pleased to be Principal of a school in Delray Beach where he has found so much community pride and involvement. Mr. Fay continued that during his tenure he has had the opportunity to work with the Police Department, the Fire Department, Public Works, Mr. Barcinski and the Education Board and has had nothing but the utmost cooperation and sincere concern from all about making sure that all of the children in Delray Beach get the very best education possible. At this point, Mr. Fay presented plaques to Mayor A1perin and to Mr. Barcinski on behalf of the students of Banyan 2 8/03/99 Creek Elementary School in recognition of their commitment to quality education. Mayor Alperin expressed his appreciation to Mr. Fay, but especially recognized Mr. Barcinski for making a lot of things happen in town and credited him for taking on so many responsibilities in the community that he truly deserves the recognition. 7.B. Presentation by Mr. Perry DonFrancisco - Delray Citi- zens for Delray Police Annual Scholarship Award to Daniel Flynn. Mr. DonFrancisco stated that each year the Delray Citizens for Delray Police provides an annual scholarship to the child of a Delray Beach Police Officer. This award has been presented to at least one recipient as many as three times for the past 13 years. This year's recipient, Daniel Edward Flynn, is the son of Officer Edward Flynn and Mrs. Sue Flynn. Mr. DonFrancisco then reviewed the impressive early accomplishments already achieved by this young man, noting that Daniel's long term goal after attending the University of Central Florida is to get involved in sports management at the major league or professional level. Mr. DonFrancisco then quoted Daniel as thanking his Dad for instilling in him the work ethic he needs to get ahead in the world and to pull himself up by his boot- straps. Mr. DonFrancisco stated it is with great pride that Delray Citizens for Delray Police awards the 1999 scholarship in the amount of $500.00 to Daniel Edward Flynn. Mr. Flynn came forward to accept the scholarship award and the congratulations of the City Commission. 7.C. Presentation on the proposed Five Year Capital Improve- ment Program for FY 2000/2004. Richard Hasko, Director of Environmental Services, presented an overview of some of the highlights of this coming year's capital program (FY 2000). The improvement categories included Parks & Recreation, Infrastructure, Facilities, Staff Resources, and Fleet Resources. Major projects programmed for Parks and Recreation include the construction of restroom facilities at Sandoway Park at a budgeted cost of $90,000 to be funded from Recreation Impact Fees; Orchard View Park improvements to include roadways, picnic area, playground equipment, pavilions, ball diamonds, etc., at a budgeted cost of $550,000 to be funded from Recrea- tion Impact Fees; Tennis Center project to convert stadium court to hard surface and construct three new courts on westerly site extension at a budgeted cost of $140,000 to be funded from the General Construction Fund in anticipation of funding from a Palm Beach County grant; the Pompey Park ballfield improvements to include new fencing, dugouts, lighting and parking at a budgeted cost of $300,000 for the ballfields and $60,000 for some addi- tional playground equipment to be funded from the General Con- 3 8/03/99 struction Fund; Municipal Golf Course project involving the construction of approximately 10,000 feet of new cart paths at a budgeted cost of $100,000 from the Municipal Golf Course Fund; and the Municipal Marina improvements to include seawall rehabil- itation ($30,000), riverwalk design ($30,000) and $280,000 for actual renovations of the Marina including some relocation of Marine Way and some beautification, with the City Marina as the funding source. Going on to Infrastructure, major projects programmed for FY 2000 are the annual program for resurfacing of deteriorat- ed roadways, budgeted at $100,000 from the General Capital Fund; the Seacrest/Del-Ida Park neighborhood project which is an ambitious program to include traffic calming, sidewalk and landscaping improvements as well as drainage and utility rehabil- itation, with funding in the amount of $791,000 from the General Construction Fund, $134,000 from Stormwater, and $504,000 from Water & Sewer Renewal and Replacement. In this same area, but apart from the special assessment district for the Seacr- est/Del-Ida neighborhood, is the Seacrest Park project which will involve drainage improvements to correct flooding on N.E. 3rd Avenue from N.E. 20th Street to N.E. 22nd Street, at a budgeted cost of $333,250 to be funded from Stormwater Utility. Mr. Hasko continued with the N.E. 4th Street/N.E. 3rd Avenue project which will involve the rehab and improvement of N.E. 4th Street from N.E. 2nd Avenue east to Federal Highway including some upgrades to the F.E.C. crossing, budgeted at $459,390 from General Capital, $50,000 from Stormwater and $60,000 from Water and Sewer Renewal & Replacement. Additional projects include the S.E. 7th Avenue water main upgrade from Atlantic Avenue to S.E. 5th Street, budgeted at $553,000 from Water & Sewer Connec- tion Fees; the annual program upgrade and rehabilitation of deteriorated sewage lift stations at a budgeted cost of $200,000 funded from Water and Sewer Renewal & Replacement; the annual program for rehabilitation of deteriorated sewer mains and manholes at a budgeted cost of $600,000 for sewer main rehab and $100,000 for manhole rehab to be funded from Water and Sewer Renewal & Replacement; the relocation of utility lines within Linton Boulevard to accommodate the Palm Beach County widening project at a budget cost of $266,000 from Water and Sewer Renew- al & Replacement; the S.W. 7th Avenue water main upgrade to improve service and fire protection at a budgeted cost of $195,000 funded from Water & Sewer R&R; S.W. 8th Court improve- ments to include water and sewer rehab, sidewalk and swale construction and street resurfacing, budgeted at $115,000 from Water & Sewer R&R and $130,000 from Stormwater; Island Drive improvements to include water and sewer rehab, drainage improve- ments and street reconstruction budgeted at $117,000 from Water & Sewer R&R and $105,000 from Stormwater; Royal Palm Boulevard improvements to include water and sewer installation ($80,000 from Water & Sewer R&R) and roadway and drainage construction ($151,000 from Stormwater); Highland Avenue Traffic Calming project to include installation of traffic calming devices on Highland Avenue between Homewood Boulevard and the Municipal -4- 8/03/99 Golf Course at a budgeted cost of $53,000 to be funded from the Municipal Golf Course; and Atlantic Avenue Street Furniture project to include the replacement of benches and trash recepta- cles on Atlantic Avenue at a budgeted cost of $30,000 to be funded from General Capital. As for Facilities, Mr. Hasko reviewed the proposed projects including expansion of the existing Parks Maintenance compound to accommodate large equipment storage at a budgeted cost of $220,000 from General Capital, the replacement of roll- up bay doors at the Fleet Maintenance facility to comply with storm protection requirements (Garage Door Hurricane Upgrades) at a budgeted cost of $ 90,000 from General Capital, and the annual program for painting, recarpeting, air conditioning repair and other maintenance activities for various City facili- ties at a budgeted cost of $150,000 also from the General Capi- tal Improvements fund. In the category of Staff Resources, Mr. Hasko noted that the second phase of the imaging system installation to accommodate electronic storage of City records and documents is programmed for FY 2000 at a budgeted cost of $89,000 to be funded from General Capital. In addition, digital GIS (Geograph- ic Information System) mapping of the City is programmed to provide an accurate base map for various engineering, planning, police and fire applications, at a budgeted cost of $150,000 from Water & Sewer New Capital and $65,000 from the Stormwater Fund. Lastly, under the category of Fleet Resources, Mr. Hasko reviewed the annual program for replacement of aging vehicles and restoration of worn vehicles to extend useable life, at a budgeted cost of $988,330 for vehicle replacement and $84,000 for restoration to be funded from the Central Garage. Mr. Hasko then reviewed the proposed capital program cost summary, as follows: Recreation Impact Fee Fund $ 650,000 General Capital Improvement Fund 2,609,290 City Marina Fund 340,000 Water and Sewer - New Capital Outlay 150,000 - Connection Fees 769,000 - Renewal & Replacement 2,505,000 Municipal Golf Course Fund 226,000 Lakeview Golf Course Fund 20,000 Stormwater Utility Fund 1,350,000 Central Garage Fund 1,072,330 for a total of almost $9.7 million ($9,697,620) in capital projects for FY 2000. -5- 8/03/99 Mr. Hasko concluded with a review of some highlights of future projects, reflecting an ambitious schedule in coming years as well, including: Old School Square Improvements $ 600,000 FY 2001 N.E. 2nd Avenue Corridor 2,061,000 FY 2001 Sarah Gleason Park 200,000 FY 2001 Atlantic Avenue Roundabouts 243,000 FY 2001 Breezy Ridge Estates Imp. 1,693,000 FY 2002 N.W. 1st Street Improvements 1,108,000 FY 2002 Sunset, Reigle, Mango Impr. 282,000 FY 2001 S.E. 7th Avenue Traffic Calming 50,000 FY 2001/02 Lake Ida Park 320,000 FY 2001/03 Albatross Road Drainage Imp. 385,000 FY 2001/03 Intracoastal Park 275,000 FY 2002/03 Southwest Area Improvements 3,331,000 FY 2003/05 At this point, Mr. Hasko turned the presentation over to Randal Krejcarek, City Engineer, who presented illustrative graphics showing the locations of the current year's capital program projects, as well as the capital projects programmed for FY 2000 and future years. Mr. Krejcarek also presented compara- tive road condition maps of road surveys done back in roughly 1995 as opposed to the condition of the roads after the current fiscal year's work is completed. At the conclusion of the presentation, the City Manag- er stated that the intent was to give an overview of the high- lights of the proposed capital program. He acknowledged that there may be some projects that the Commission may want to see shifted around and he is certainly open to any direction in that regard. The appropriate time to address any changes would be at the upcoming budget meetings so that if adjustments need to be made, staff can try to accommodate them. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 99-2: Formally initiate Comprehensive Plan Amendment 99-2 pursuant to LDR Section 9.2.1. 8.B. REMOVED 8.C. EXTENSION OF CONDITIONAL USE APPROVAL TO ESTABLISH AN ASSISTED LIVING FACILITY (ALF) AND ADULT DAY CARE FOR PALM GARDENS AT DELRAY: Approve a request to extend the conditional use approval for Palm Gardens at Delray, an Assisted Living Facility (ALF) and adult day care, for an additional eight (8) months (from April 20, 2000 to December 20, 2000). The subject property is located approximately 1,000 feet west of Military Trail and 280 feet south of West Atlantic Avenue. 8.D. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various ac- 6 8/03/99 tions approved by the South Central Regional Wastewater Treat- ment and Disposal Board at the quarterly meeting of July 15, 1999. 8.E. MODIFICATION OF STANDARDS FOR APPROVAL/FINGER PIERS AT 1802 AND 1806 SOUTH OCEAN BOULEVARD: Approve modifications to the standards of approval pursuant to LDR Section 7.9.4(A) to allow the construction of finger pier docks extending 30 feet out from the property lines at 1802 and 1806 South Ocean Boule- vard. 8.F. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $51,400.00 for three income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program). These awards (one in the amount of $16,200, one in the amount of $15,200 and one in the amount of $20,000) represent the 87th, 88th and 89th homeownership assistance grants provided under the Renaissance Program. 8.G. AMENDMENT TO CONSOLIDATED ACTION PLANS FOR FY 1996/97 AND 1997/98: Approve an amendment to the previously approved Annual Consolidated Action Plans for Fiscal Years 1996/97 and 1997/98 to allow for the use of unused dollars in the amount of $210,000 for two new activities/projects which are eligible in accordance with federal regulations governing CDBG dollars, and authorize submission of the amendment to the U.S. Department of Housing and Urban Development. 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 19th thru July 30, 1999. 8.I. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9oAAo 8.J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $10,074 to Gate- way 2000 for the purchase of six (6) replacement computers, and purchase award in the amount of $10,140 to Dell Computer Corp. for the purchase of one replacement server, both via Florida State Contract, for a total award of $20,214 for re- placement computer equipment at the Municipal Golf Course. Funding will be from 445-4761-527-64.11 (Municipal Golf Course Capital Outlay/Computer Equipment). 2. Purchase award in the total amount of $20,440.50 to Ferguson Underground, Inc., via City of Boy- nton Beach bid, for the purchase of meter box lids. Funding will be from 442-5178-536-52.31 -7- 8/03/99 (W&S Renewal & Replacement/Meter Replacement Program). 3. Purchase award in the amount of $12,637.00 to Hydro Pumps, Inc. (lowest of three quotes solicit- ed) for the purchase of gearboxes and related machinery to convert the turbine drive on Clarifi- ers 1, 2 and 3 at the Water Treatment Plant to direct drive. Funding will be from 441-5143-536-46.20 (Water Maintenance - Equipment Maintenance). 4. Purchase award in the amount of $18,715.00 to Hewlett Packard, sole source provider, for the purchase of an RF Communications test set to be used by Environmental Services to locate locked- up radio transmitting units (RTUs) in the system, diagnose problems with RTUs and calibrate units for return to the system. Hewlett Packard is the sole manufacturer of this equipment which will be purchased direct from the factory. Funding will be from 441-5143-536-64.90 (Water Mainte- nance/Other Machinery & Equipment). 5. Contract award in the amount of $122,315.00 to Jam-Rock, Inc. (low bidder) for the Pineapple Grove Entrance project which includes reconstruc- tion of N.E. 2nd Avenue (Pineapple Grove Way) from East Atlantic Avenue north to the first alley intersection. Funding for this project will be from 334-6111-519-63.90 (General Construc- tion Fund - Pineapple Grove Streetscape), with $50,000 from the Community Redevelopment Agency and $25,000 from the Pineapple Grove Entrance Special Assessment District. 6. Contract award in the amount of $652,017.50 to Molloy Brothers, Inc. for utility improvements in the Seacrest/Del-Ida Park neighborhoods, subject to review and approval by the City Attorney, with funding in the amount of $479,415.00 from 442-5178-536-63.50 (W&S Renewal & Replace- ment/Water Line Upgrades) and $172,602.50 from 448-5461-538-63.97 (Stormwater Drainage/N.E. 12th Street). Mr. Schmidt moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 8 8/03/99 9. REGULAR AGENDA: 9.AA. GREAT FLORIDIANS 2000 AWARD: Nominate Mr. C.Y. Byrd and Mr. Marshall DeWitt for the Great Floridians 2000 Award Program. If the nominees are selected, the City will be respon- sible for a $175 payment per designee to cover the cost of the marker. The City Manager stated that former Commissioner Ellingsworth had asked that the Commission consider nominating these two individuals for the Great Floridians 2000 Award. The Florida League of Cities has contacted cities and solicited additional nominations. If the Commission chooses to go ahead with either one or both, staff will go ahead and get the neces- sary forms put together. Mr. Schmidt stated that he did not have a problem with nominating either Mr. Byrd or Mr. DeWitt as they were both instrumental in the development of Delray Beach. However, he was not aware that nominations could still be made for this program and at the last workshop he brought to the Commission's attention that he felt it would be appropriate to honor Jerry Marshall in some way. Since this program is still available, Mr. Schmidt wanted to see if the Commission wanted to consider Mr. Marshall for nomination as well. Mayor Alperin commented that at the last Education Board meeting there was some discussion by the board about naming their annual "Most Improved School" award in honor of Mr. Marshall by naming it the "Jerry Marshall Award", so that is one way of recognizing Mr. Marshall's contributions. Mr. Schmidt stated he was not aware of this, but felt that if the Education Board is in fact going to name the award for Mr. Marshall that would probably be more appropriate. Mrs. Archer moved to approve the nomination of Mr. C.Y. Byrd and Mr. Marshall DeWitt for the Great Floridians 2000 Award. 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.A. ARCHITECTURAL ELEVATIONS FOR WALGREEN'S (OUTPARCEL AT CONGRESS SQUARE SHOPPING CENTER): Consider approval of the architectural elevations for a proposed Walgreens at an outpar- cel of the Congress Square Shopping Center located at the south- west corner of West Atlantic Avenue and Congress Avenue. Diane Dominguez, Director of Planning and Zoning, explained that there is a provision in the Comprehensive Plan which states that, in general, outbuildings are to be of the same character and architectural style as the main shopping -9- 8/03/99 center, and they normally are approved by the Site Plan Review and Appearance Board. However, there is a provision which says that if the proposed elevations or if the building is not simi- lar but is otherwise deemed to be something that would be accept- able, then it can be brought to the City Commission for consider- ation of approval. The Site Plan Review and Appearance Board recommended approval of the elevations for a Walgreens that is going to be replacing the Bennett Auto building at the corner of Congress Avenue and Atlantic Avenue. The existing building will be demolished and a new building constructed which will contain some of the same building materials (such as stucco walls and mansard roofs with standing seam metal) as the shopping center. A proposed tower feature and the mansard roof help to provide some continuity with the main center and the outbuilding. The proposed color (cream with a pinkish tint) is complimentary to the darker pink of the shopping center. Mr. Wright moved to approve the architectural eleva- tions for Walgreens, based upon positive findings with respect to LDR Section 4.6.18(B) (13) (b), that although the architectural style and color differs from that of the shopping center, the building will be complimentary to the overall shopping center and the surrounding area. The motion was seconded by Mr. Ran- dolph. 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. 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. CONSOLIDATED ACTION PLAN FOR FY 2000 ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Conduct a public hearing and consider approval of the Consolidated Action Plan for Fiscal Year 2000 in compliance with federal guidelines governing the use of Community Development Block Grant (CDBG) funds. Charles Bender, Community Development Program Coordina- tor, stated that the public hearing scheduled for this evening is a last effort for citizen participation in the drafting of the Annual Consolidated Plan which is the plan for the budgeting of the Community Development Block Grant funds that are received from the U.S. Department of Housing and Urban Development. For FY 2000 it is anticipated that the City's CDBG allocation will be $624,000 for eligible community development-related activi- ties. He briefly reviewed the projected use of the funds which, if approved by the City Commission, will be submitted to HUD for final approval. 8/03/99 At this point, Mayor Alperin declared the public hearing open. No one from the audience wished to address the Commision on this item. The public hearing was closed. Mr. Randolph moved to approve the Consolidated Action Plan for FY 2000 and authorize submittal to the U.S. Department of Housing and Urban Development, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 28-99 (FIRST READING/FIRST PUBLIC HEAR- ING: An ordinance amending Section 4.6.9, "Off Street Parking Regulations", Subsection (C), "Number Of Parking Spaces Re- quired'', dealing with parking requirements for certain mixed use projects. 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. 28-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.9. "OFF-STREET PARKING REGULA- TIONS'', SUBSECTION C, "NUMBER OF PARKING SPACES REQUIRED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING THE PARKING REQUIREMENTS FOR CER- TAIN 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.28-99 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. Diane Dominguez, Director of Planning and Zoning, stated that this ordinance allows for computing parking based on peak usage. After discussion at the workshop, the Planning staff did contact the cities that had adopted similar ordinances and was able to confirm with the Town of Jupiter and the City of West Palm Beach that they have used this frequently and have had no problems with the parking being short. The City of Clearwa- ter was also contacted, but they had only recently adopted the ordinance and did not have any projects approved for use of its provisions. Mayor Alperin declared the public hearing open. Speaking from the audience was the following: 8/o /9 Chris Brown, CRA Executive Director, stated that he believes the ordinance to be sound legislation and urged the City Commission to adopt it. There being no one else from the audience who wished to address the Commission, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 28-99 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.C. REQUEST FOR SIGN CODE WAIVER/ATLANTIC REFRIGERATION: Conduct a public hearing and consider a request for a waiver to the provisions of LDR Section 4.6.7(E) (7) of the sign code to allow two proposed flat wall signs for Atlantic Refrigeration, 1255 N.W. 17th Avenue, which exceeds the maximum number of signs permitted by code. Jerry Sanzone, representing the Community Improvement Department, explained that the applicant is requesting approval to install two flat wall signs on the building's east elevation, facing 1-95. The building has three projecting faces on this elevation. The proposed 119 sq.ft. (17' x 7') illuminated, channel lettering, whose mulberry "Atlantic" copy with teal green decorative underline would be placed on the building's north projection. The fire red 18 sq.ft. (9' x 2') "Lennox" non-illuminated aluminum plate lettering finished in automotive enamels would be placed on the building's south projection. Section 4.6.7(E) (7) allows for one major identification sign per business with the maximum size calculated at 15% of the building face, not to exceed 160 square feet. The Site Plan Review and Appearance Board, at the regular meeting of June 30, 1999, considered the request and voted unanimously to support the applicant's request to the Commission for the proposed waiver. Staff recommends consideration of the waiver request. However, staff believes the owner can comply with the existing sign code by combining both signs onto one projection and permit the standard corporate color of red for "Lennox" The combined sign will be less than the 160 square feet allowed per code. Mr. Sanzone stated that a precedent would be set by granting the waiver request. Mr. Glen Welden with Bright Image Signs, authorized agent for Atlantic Refrigeration, explained that the request is to have signage placed on the building {east elevation facing 1-95) which would consist of the Atlantic Refrigeration logo at 112 sq.ft, on the north projection of the building, with the "Lennox" sign on the south projection at 18 sq.ft., for a pro- posed total of 130 sq.ft, of signage. The "Lennox" logo is the primary business for Atlantic Refrigeration, while the Atlantic Refrigeration sign would represent the company logo. Mr. Welden -12- 8/03/99 noted that the total square footage proposed is less than that allowed by code, and the separation of the signage is pleasing to the eye and does not become one large billboard focused on only one side of the building. The Site Plan Review and Appear- ance Board reviewed the proposal and voted unanimously to recom- mend that a waiver be granted to allow the signage as proposed. At this point, Mayor Alperin declared the public hearing open. Speaking from the audience was the following: Gerald DeFoe, resident of Country Manors, expressed the concern that by granting the requested waiver, the Commis- sion would be setting a precedent and that the same types of situations might come up in the future. There being no one else who wished the address the City Commission, the public hearing was closed. After discussion, Mr. Randolph moved to approve the sign code waiver for Atlantic Refrigeration based upon positive findings with respect to Section 2.4.7(B) of the Land Develop- ment Regulations. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote. 10.D. ORDINANCE NO. 27-99 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT): An ordinance adopting an amendment to the Comprehensive Plan to address the siting of public school facilities and policies regarding intergovernmen- tal coordination. 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. 27-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-99 is on file in the City Clerk's office.) -13- 8/03/99 The City Attorney read the caption of the ordinance. She stated Ordinance No. 27-99 is before the Commission for consideration on First Reading and a public hearing on transmit- tal of the amendment to the Department of Community Affairs. Diane Dominguez, Director of Planning and Zoning, explained that requirements under the Florida Statutes were changed and the City has to adopt policies which comport with those changes, basically to address the siting of public school facilities and policies regarding intergovernmental coordination. 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 who wished to address the Commission on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 27-99 on First Reading with direction to transmit to the Florida Depart- ment of Community Affairs for review. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated that a complaint was received at the last meeting about a utility project on the north side of West Atlantic Avenue that caused some disturbance of the area along Sunset Pines Drive. Three issues were raised, those being (1) the lack of notice of the construction project; (2) a lack of timeliness in restoration of the project; and (3) that some phone calls made to City staff had not been returned in a timely fashion. The City Manager reported the project was being fast tracked in order to provide a loop connection to the Sunset Pines residential area because there have been problems with iow chlorine residuals in that water system. Standard procedure is to notice affected residents at least 14 days before beginning a construction project. That notice was not given in this in- stance because the project was being expedited. There should have been some notice given, however, and staff has apologized to Ms. Spodak for the oversight and met with her to review the restoration issues. Delays in restoration primarily involve the curbing replacement along the water main alignment. Because there was a very short length of curbing and in an effort to reduce the cost of curb restoration, staff was coordinating replacement of the curbing on Sunset Pines Drive with other -14- 8/03/99 curbing restoration projects. As of July 29, 1999, the curb restoration on this project had been completed. There were two additional restoration issues discussed. One was resodding of an area on the west side of Sunset Pines Drive. Although it was not disturbed by construction, it was used for staging of equip- ment and materials. The City Manager stated we have agreed with that request and the resodding has probably taken place by now. The other issue was resurfacing of Sunset Pines Drive. An inspection of the road indicates that it is in disrepair in certain areas, primarily along the west side where there is evidence of vehicular traffic between the road and the Discount Auto Parts parking lot immediately to the west. Preconstruction photographs clearly indicate the existence of these pavement conditions prior to the project. Since the deterioration was not a result of the City's activities and Sunset Pines Drive is a private street, resurfacing is not warranted and will not be done. Ms. Spodak has been so advised. Staff has also conveyed apologies to her for not getting back to her more quickly. Due to not connecting on some phone calls and the volume of the work, staff did not get back to her as soon as they should have. ll.B. From the Public. ll.B.1. Rosetta Rolle, 301 N.W. 3rd Avenue, addressed the Commission concerning the capital improvement program and urged that the streets in the northwest and southwest neighborhoods be taken care of as soon as possible since the road conditions are very bad in these areas. She asked if these streets are going to be resurfaced? Mrs. Rolle further stated she is aware of some work going on in the northwest section, but asked what is going to happen in the southwest area? The City Manager responded that all of the streets in the northwest section in the vicinity of 3rd Street should be finished within a couple of months. In September, 1999, the City should be ready to award a bid, with construction to begin in October, for S.W. 8th Avenue from Atlantic Avenue down to 4th Street, and then 4th Street from 8th Avenue over to 10th Ave- nue. The City Manager stated there are a couple more streets included in this project and that he would provide Mrs. Rolle with a complete list of the streets involved with these projects. He further commented that the other work that needs to be done in the northwest section is on 1st Street and some of the cross avenues such as 9th and llth Avenues. This work is scheduled for two years out in the capital program. As far as other work in the southwest section, it will depend to some extent on what the School Board does because they want to get some additional land for expanding the campus with the new school that is to go in there and that may affect the City's plans. The City Manager concluded by stating there is addition- al work in the southwest section scheduled in later years, but he would have to check on it and could then respond to Mrs. Rolle more completely. -15- 8/03/99 ll.B.2. Gerald DeFoe, resident of Country Manors, speaking on behalf of Progressive Residents of Delray (P.R.O.D.) and the residents of the Lake Ida Road corridor and all those who are serviced by Fire Station #4, read and distributed a statement concerning Fire Rescue personnel and service urging the Commis- sion not to consider any reduction of personnel or equipment at Fire Station ~4 nor at any of the other fire stations in the City even if it means an increase in the millage levy. A copy of the statement read by Mr. DeFoe, along with accompanying letters, is attached hereto and made an official part of these minutes. Mayor Alperin stated that he has not seen any propos- als along this line and asked Mr. DeFoe where he had gotten his information? Mr. DeFoe responded he has had conversations with the Fire Chief and the City Manager about this matter. Mayor Alperin asked where Mr. DeFoe first learned about this as a proposal? Mr. DeFoe responded that he initially received a letter from the Fire Department Union which he did not pay much attention to, but then read about it in The Palm Beach Post newspaper. On question from Mr. Wright, Mr. DeFoe stated that he had asked for clarification of the issue from the Fire Depart- ment, speaking with the Fire Chief as well as with the two Assistant Fire Chiefs. In addition, he has also had conversa- tions with City officials who are all in a position to know about the matter. Mr. Wright then asked if Mr. DeFoe had been given a fair explanation of what, if anything, was being contem- plated? Mr. DeFoe responded that as it has been explained to him, the plan most often proposed and emphasized is the reduc- tion of the personnel at Fire Station #4, leaving three people there with one EMS vehicle. 11.B.3. Robert Spector, 1420 N.W. 20th Avenue, RaiD_berry Lake, stated he had a letter from Chief Rehr on what is intended to be done. Basically, there are six fire stations in the City of Delray Beach. Each fire station has a fire suppression truck and a Fire Rescue EMS vehicle. Mr. Spector continued that according to Chief Rehr's letter, the intent is to take three of the stations and remove half of the firefighters/paramedics. But if this is done at Fire Station #4 and the one remaining company goes out on a call, there will be no one left at that station to respond to any additional calls. Those calls will have to be responded to from another station a greater distance away which will take additional time. Mr. Spector stated this would be improper and should not be done. He urged the Commis- sion to leave the fire rescue coverage as it currently exists in the City. ll.B.4. Kenneth Gray, 696 Udell Lane, expressed concern about the routes and avenues that the residents of his neighborhood will have available to them during the proposed widening of Lake Ida Road. Mr. Gray stated he had written both the City and the -16- 8/03/99 County concerning the fact that the residents of Delray Shores and that vicinity would need another route out of their neighbor- hoods during construction if and when the construction begins. 11.B.5. Charlotte Wriqht, 801 N.W. 2nd Street, complained about an apartment complex where she claimed the tenants have been dismissed from the property and/or improperly treated with- out cause or due process. She stated Police officers have been called out to scene and have taken sides with the apartment manager, stating they do hold a hotel/motel license which Ms. Wright claimed was untrue. Ms. Wright asked for any help the City might be able to give to stop the alleged improper treat- ment and to assist in getting all of her losses back. ll.B.6. Jess Sowards, 134 N.E. 1st Avenue, asked the Commis- sion for reconsideration of Ordinance No. 22-99 which was adopt- ed on July 20, 1999. The ordinance calls for a five foot build- ing setback for the Central Business District zone east of the Intracoastal Waterway. Mr. Sowards noted that currently there is a zero foot building setback west of the Intracoastal Water- way. If we stay with the five foot setback on the east side of the waterway, this will render fourteen (14) retailers non-con- forming. Those are basically buildings from Gleason Street east to Salina Avenue. Mr. Sowards continued that there is basically an eight foot, six inch (8'6") wide sidewalk that runs along the avenue and it is his understanding the intent is for pedestrian- friendly sidewalks. He stated we would do so with a zero foot building setback. Further, he stated there are currently nation- al retailers that are actively negotiating contracts with owners of properties on the east side and these retailers need square footage. ll.B.7. Alice Finst, 707 Place Tavant, complained about the maintenance and plantings at the Frances Bright Park. She asked that the necessary attention be paid to that park. Mrs. Finst then reiterated her concern about the unkempt condition of the property at 1000 Lake Ida Road (i.e. the Marine Way garage or the blue building). She stated that the complaints on that property date back to at least 1995, there are fines levied approaching $10,000.00 and the property is a detriment to the surrounding community. Mrs. Finst asked what is the Commission's stand on foreclosing on liens on non- residential property, and also asked for a compilation of the properties where fines are running and have been running for more than two years. She felt it was time for the City to collect the revenue for the basic things that are going on to deprive the citizens of a beautiful city. She suggested that the Commission have a meeting on these fines that are running to take a look at the amount of money that is involved and to figure out a way to stop these continuously running fines, especially when there is nothing being done to improve the appearance of the properties. -17- 8/03/99 11.B.8. Bernie Burkoff, resident of Rainberr¥ Lakes, stated that he concurs with the previous speakers concerning the propos- al to reduce the number of personnel at the various fire sta- tions. The 437 families living in Rainberry Lakes would be very concerned about this if it is something that is going to hap- pen. The residents of Rainberry Lakes do not want a reduction in fire/EMS personnel at Fire Station #4. 12. FIRST READINGS: 10.A. ORDINANCE NO. 29-99 (POLICE & FIRE RETIREMENT PLAN): An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code to enhance certain retirement benefits to participants of the Police and Firefight- er's Retirement Plan by increasing certain multipliers, by allowing changes in the beneficiary after the retirement date and eliminating offsets for disability retirees. If passed, a public hearing will be scheduled for August 17, 1999. The City Manager presented Ordinance No. 29-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 33.60, "DEFINITIONS", TO PROVIDE CHANGES INTHE DEFINITION OF AVERAGE MONTHLY EARNINGS; AMENDING SECTION 33.61, "MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION", SUBSECTION 33.61(C), "CHANGE IN DESIGNATION OF BENEFICIARY", TO PROVIDE FOR CHANGES IN BENEFICIARIES; AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBIL- ITY'', TO PROVIDE FOR A CHANGE IN THE MULTI- PLIER FOR NORMAL RETIREMENT BENEFITS, CHANG- ING THE PERCENTAGE FOR DISABILITY RETIRE- MENTS AND ELIMINATING OFFSETS; AMENDING SECTION 33.64, "CONTRIBUTIONS", TO PROVIDE FOR A DECREASE IN PARTICIPANT CONTRIBUTIONS; AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE" TO PROVIDE FOR A CHANGE IN THE MULTIPLIER; AMENDING SECTION 33.689, "RETIRE- MENT BENEFIT ENHANCEMENT", TO CLARIFY THE BENEFITS THEREUNDER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No.29-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. She then reviewed the proposed changes as outlined in her memo- randum dated July 29, 1999, to the City Commission, and noted -18- 8/03/99 that the Extra Benefits Agreement will be agendaed along with the second reading and public hearing for Ordinance No. 29-99 which is scheduled for August 17, 1999. Mr. Randolph asked that the Mayor open the floor for any public comments on this issue so that the Commission might have the benefit of these remarks prior to consideration of the ordinance on second and final reading. It was the consensus of the Commission to allow public comment on first reading. Speaking on the ordinance was the following: Ray Haas, Fire Department employee, stated that he was speaking on behalf of all of the people that are enrolled in the DROP plan but are still working for the City. They are request- ing that they be included in the change from the 2.5 multiplier to the 3.0 multiplier. Mr. Haas also submitted new figures from the actuary stating exactly what the cost would be for the current members that are still working for the City. No one else from the audience wished to address the Commission on this item. On question from Mrs. Archer, the City Manager clari- fied that the proposed ordinance originated from the Commis- sion's desire to try to be more competitive as well as to give some more incentive for firefighters or police officers to stay on active duty as opposed to proceeding with disability claims as they have in the past. Mr. Randolph commented that he does not have a problem with what is being proposed in an effort to get new people and keep them for long periods of time. However, he does not want to send a message to some of the people who are already here and have been with the City for awhile that they are not being given the same consideration. Mrs. Archer then stated it was her understanding that individuals who are in the DROP plan are not eligible for the multiplier increase because they are already considered re- tired. They are still working and will continue to work for the five years, but are no longer contributing to the pension plan; therefore, they are not entitled under the present rules to any increase. Mrs. Archer asked if this was a correct assessment? The City Manager stated that is correct. When a change is made in benefits like this, the line has to be drawn somewhere although it can be drawn anywhere you want. He fur- ther stated that he has had people who left the City's employ within the last couple of months that knew this was coming ask him if there was some way it could be worked to get them the three percent. As he understands it, there is no legal obstacle to doing it. It is just a matter of what the Commission thinks is right and what the Commission thinks we can afford. He -19- 8/03/99 appreciated Mr. Haas providing the updated actuarial impact, and would like to have the Finance Director look at it to see how much reserve this would leave if you take out the $986,000 that this would cost and whether he has any concerns about the amount of reserve that would be left. As a point of clarification, Mayor Alperin noted that the proposed ordinance changes will not take any money away from people already in the DROP plan. Mrs. Archer suggested a postponement of Ordinance No. 29-99 until the Finance Director and the Commission have had an opportunity to review it further. As another possibility, the City Attorney suggested that the ordinance as drafted be passed on first and second reading because there are a lot of people who are not in the DROP plan who will be affected by the effective date of the first pay period after September 1st. If upon further review of the actuarial impact the Commission wants to amend the ordinance as to the current participants in the DROP plan, it could be modified by another ordinance. The City Manager added that there are a lot of Police officers who are very concerned about how this is going to go and he felt for their sake it should be settled as soon as possible. There are no DROP plan participants in the Police Department; they are all in the Fire Department. He concurred with the City Attorney's suggestion that the issue of current DROP plan enrollees be dealt with separately. Mr. Wright moved to approve Ordinance No. 29-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 30-99 (GENERAL EMPLOYEES RETIREMENT PLAN): An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the City Code to enhance certain retirement benefits to certain participants of the General Employees Retirement Plan by changing the normal retirement date, providing for no employee contributions, provid- ing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. If passed, a public hearing will be scheduled for August 17, 1999. The City Manager presented Ordinance No.30-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENE- FITS'', SUBHEADING "RETIREMENT PLAN", OF THE -20- 8/03/99 CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 35.089, "DEFINI- TIONS'', TO PROVIDE CHANGES IN THE DEFINI- TIONS OF "NORMAL RETIREMENT DATE" "RETIRE- MENT" AND "TERMINATED PARTICIPANT"; AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICI- PANT AND CITY", SUBSECTION 35.095(A), "PAR- TICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIBU- TIONS, AND TO PROVIDE FOR VARIABLE INTEREST ON CONTRIBUTIONS WITHDRAWN BY CERTAIN PARTIC- IPANTS PRIOR TO NORMAL RETIREMENT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT" SUBSECTION 35 . 097 (D) , "BENEFITS OTHER THAN ON RETIREMENT" , PART 35.097 (D) (1) , "BENEFIT ON TERMINATION OF SERVICE AND ON DEATH AFTER TERMINATION OF SERVICE", PARAGRAPHS (A) & (E), TO PROVIDE FOR INTEREST ON CERTAIN PARTICIPANT CONTRIBU- TIONS WITHDRAWN PRIOR TO RETIREMENT; CREAT- ING A NEW SECTION 35.110, "DEFERRED RETIRE- MENT OPTION PLAN", PROVIDING A DROP PLAN FOR CERTAIN ELIGIBLE PARTICIPANTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No.30-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. On question from Mrs. Archer, the City Manager stated that the deferred compensation plan for the General Employees will be handled by the current administrator. They have handled our deferred compensation plan for many years and have provided excellent service. Mr. Schmidt moved to approve Ordinance No. 30-99 on FIRST Reading, 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. At this point, the Commission returned to the Regular Agenda. 9.B. FINAL PLAT APPROVAL/DELRAY COMMONS: Consider approval of the final subdivision plat for Delray Commons, a replat to create a bank outparcel that is being sold from the original parcel. The subject property is located at the southwest corner of Military Trail and Atlantic Avenue. (Mr. Schmidt left the room at this time.) -21- 8/03/99 Diane Dominguez, Director of Planning and Zoning, explained that this item is actually a plat of a portion of unplatted property at the southwest corner of Military Trail and Atlantic Avenue where the Baby Super Store store is located. The plat creates two separate tracts. One tract will be for the bank building that has been vacant for some time and which was recently acquired by Republic Bank. The second tract will be the remainder of the shopping center. The bank requested a separate legal description be created so they could purchase rather than lease the site from the current owner. The City's subdivision ordinance requires separate legal descriptions to be created by a plat or replat of the property. The plat does provide for cross access, cross drainage and cross parking agreements between tracts. Ms. Dominguez stated that staff recommends approval of the request. Mr. Wright moved to approve the final subdivision plat for Delray Commons, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. (Mr. Schmidt returned to the dais at this time.) 9.C. ADDITIONAL REQUEST FOR TEMPORARY USE PERMIT/1999 GARLIC FESTIVAL: Consider a request for a temporary use permit for the use of the Worthing Park parking lot for vendor parking from 3:00 p.m. on Friday, October 15th through 8:30 p.m. on Sunday, October 17th, for the 1999 Garlic Festival. Robert A. Barcinski, Assistant City Manager, stated that the Commission approved this event on April 6, 1999, includ- ing a temporary use permit for street closures as well as sig- nage approval and staff support with the sponsor paying the costs. The event sponsor is now requesting the use of the Worthing Park parking lot for vendor parking for the specified period and had also requested event parking be allowed at the City Hall parking lots. As far as the City Hall parking lots, we could sign them for event parking and as for any other down- town lot people could park here for the event so there is no need for formal approval of that aspect. However, since the request is to use the Worthing Park lot just for vendor parking, Commission approval is required. He continued that approval is recommended only with the liability insurance and a hold harm- less agreement. At this point, the City Manager expressed his concern about the potential impact on the restaurants in the area on Friday and Saturday evenings if the Worthing Park lot is taken out of service. After discussion, it was the consensus of the Commis- sion to table this item to allow for staff to work with the event sponsor to see if there is another area that could be used -22- 8/03/99 for the vendor parking that would not impact the restaurant parking. 9.D. RESOLUTION NO. 51-99 (BUDGET ADJUSTMENT): Consider approval of a resolution adjusting the FY 1999 budget to reflect the increase in revenue from the State for the SHIP Program under the Community Development Block Grant (CDBG) budget, approve miscellaneous adjustments to various accounts, and approve the associated budget transfers. The City Manager presented Resolution No. 51-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 63-98 ADOPTED SEPTEMBER 22, 1998, AND RESOLUTION NO. 27-99 ADOPTED APRIL 20, 1999, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1999, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1999; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No.51-99 is on file in the City Clerk's office.) The City Manager stated that largest parts of the budget adjustment relate to adjusting the Community Development Block Grant budget to bring forward funds from prior years. Also, there is $95,400 in reserves for the SCRWTD Board that are being used to fund additional emergency repair items, and then budgeting our share of the Pineapple Grove Entrance project to have money to cover what will later come in from the assessments. Mr. Schmidt moved to approve Resolution No. 51-99, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. ALTERNATIVE DATE FOR THE YEAR 2000 TOWN HALL MEETING: Provide direction on an alternate date for the Year 2000 Town Hall Meeting. The City Manager explained that the date which had previously been selected (January 25, 2000) conflicts with Fotofusion which will be held from January 24th through January 30, 2000, so a different date needs to be selected. After discussion, it was the consensus of the Commis- sion to hold the Town Hall Meeting on February 8, 2000 (the -23- 8/03/99 second Tuesday of the month) and reschedule the workshop to the fourth Tuesday, February 22, 2000° 9.F. SETTLEMENT OFFER/~EGSTROM CLAIM: Consider making a settlement offer for the referenced matter as recommended by the City Attorney's Office. The City Attorney stated that under the Bert J. Har- ris, Jr. Private Property Rights Act, the Commission is required to at least consider a good faith offer of settlement within 180 days from the time the City received the claim. The deadline to make the offer is August 16, 1999. The City Attorney referred to the memorandum from her office dated July 26, 1999, in which a good faith offer of settlement is outlined. The essence of that offer is that the Hegstrom's property would be rezoned to allow its subdivision into three sixty foot (60') lots. In addition, there may be some setback waivers required related to the swimming pool. Approval of the good faith offer as outlined is recommended, not to include attorney's fees and costs. The City Attorney continued that there is also a "ripeness decision" that the Commission is required to address under the Act. If the Commission chooses to approve the settlement offer, she would also ask for approval of the ripeness decision to be issued if no settlement agreement is reached between the parties. Mr. Randolph moved to approve the good faith offer as outlined in the memorandum to the City Commission dated July 26, 1999, without the payment of attorney's fees and costs, and to allow the City Attorney's Office to present the ripeness deci- sion if the settlement is not concluded successfully by both parties entering into the agreement as outlined. 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.G. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint three regular members to the Planning & Zoning Board for two year terms ending August 31, 2001. The appointments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1), and Commissioner Archer (Seat #2). Mayor Alperin stated that he wished to reappoint Elaine H. Morris to the Planning and Zoning Board for a two year term ending August 31, 2001. Mr. Randolph so moved, seconded by Mrs. Archer. 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. Mr. Schmidt moved to reappoint Robin Bird to the Planning and Zoning Board for a two year term ending August 31, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer -24- 8/03/99 - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to appoint Pat Stark to the Planning and Zoning Board for a two year term ending August 31, 2001. The motion was 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. 9.H. APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint two regular members to the Site Plan Review and Appearance Board for two year terms ending August 31, 2001. The appointments will be made by Commissioner Wright (Seat #3) and Commissioner Randolph (Seat #4). Mr. Wright moved to reappoint Bill Branning to the Site Plan Review and Appearance Board for a two year term ending August 31, 2001. The motion was 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. Mr. Randolph moved to appoint Linda Friess to the Site Plan Review and Appearance Board for a two year term ending August 31, 2001. 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.I. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three regular members to the Historic Preservation Board for two year terms ending August 31, 2001. The appointments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1), and Commissioner Archer (Seat #2). Mayor Alperin stated that he wished to appoint Gail- Lee McDermott to the Historic Preservation Board for a two year term ending August 31, 2001. Mr. Wright so moved, 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. Mr. Schmidt moved to reappoint Tony Keller to the Historic Preservation Board for a two year term ending August 31, 2001. The motion was 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 Alpe- rin - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Shane Ames to the Historic Preservation Board for a two year term ending August 31, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. -25- 8/03/99 Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - No. Said motion passed with a 4 to 1 vote. 9.J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two regular members to the Education Board for two year terms ending July 31, 2001. The appointments will be made by Mayor Alperin {Seat #5) and Commissioner Schmidt (Seat #1) . For the record, Mayor Alperin noted that he had made an appointment to the Education Board at the July 20th meeting; however, his appointee declined the appointment due to a con- flict of dates for meetings. Per the Commission's Local Rules, the Mayor is entitled to nominate a replacement appointee. Mayor Alperin stated that he wished to appoint Greta Britt to the Education Board for a two year term ending July 31, 2001. Mr. Randolph so moved, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. Mr. Schmidt moved to appoint Elma Maldonado to the Education Board for a two year term ending July 31, 2001. The motion was seconded by Mrs. Archer. Upon roll call the Commis- sion 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.K. ALTERNATE FOR INTERGOVERNMENTAL COORDINATION ISSUES FORUM: Appoint an alternate representative to the Intergovern- mental Coordination Issues Forum to serve in the Mayor's stead as official representative when the Mayor is unable to attend the meetings. Mayor Alperin commented that the next meeting of the Issues Forum is Monday, August 9, 1999, at 1:30 p.m. in Lantana and he will not be able to attend due to a conflict. Regardless of whether any of the Commissioners could attend that meeting in his place, he felt it appropriate that an alternate representa- tive be appointed to serve in his stead when he is unable to attend the meetings. The Issues Forum deals with issues of common concern or any potential conflicts between cities and/or the County. The meetings are held on a quarterly basis. Upon discussion, no member of the City Commission was able to commit to attending the upcoming Issues Forum meeting on August 9th. However, Mr. Wright stated that he would be willing to serve as the alternate representative for future meetings. Mr. Randolph moved to appoint Commissioner Wright as the alternate representative to the Intergovernmental Coordina- tion Issues Forum. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - -26- 8/03/99 Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Aqenda Items. 12.A. City Manaqer. The City Manager stated he had spoken with Lou Wald- mann, Pineapple Grove Main Street Manager, this afternoon and he indicated that representatives of Pineapple Grove had spoken with several Commissioners about the possibility of going ahead with the Pineapple Grove project this next year on the basis of using the special assessment district money and the Community Redevelopment Agency (CRA) money to get the project launched. The City's portion would be finished up in the following year. The City Manager commented that with the way the scheduling would fall in the fiscal years, this funding alternative would probably work out okay. If this is agreeable to the City Commis- sion, the City Manager would like to pursue that alternative so that Pineapple Grove can maintain the momentum they have going right now. It was the consensus of the City Commission to concur with the funding alternative for Pineapple Grove if it can be worked out by the City Manager. The City Manager then distributed information received from The Innovation Groups on a product called a SoftBook Reader that would allow us to produce paperless Commission agenda packets. As he understands it, a built-in modem accesses and downloads files to the SoftBook Reader through a regular tele- phone line. It does not scroll down like a computer, but rather turns the pages like a book. The City Manager continued that the Innovation Groups are setting up a trial of this product. If the City Commission feels this is something they would like to try out, the cost for the package which includes 10 Soft- Books, is $8,500.00. He asked that the Commission review the information and get back to him with their thoughts on the product. The City Manager then noted that a set of changed pages for the Capital Improvement Plan had also been provided. In looking at it quickly, there are still a few glitches. For example, the Beach Restoration Fund was added, but the actual construction project for $5.5 Million in FY 2001 was omitted. There will be additional corrections and adjustments made, including the Pineapple Grove project, but most everything else has been pretty well resolved. 12.B. City Attorney. The City Attorney had no comments or inquiries. 12.C. City Commission. 12.C.1. Commissioner Schmidt had no comments or inquiries. -27- 8/03/99 12.C.2. Commissioner Archer stated it is her understanding that the City of West Palm Beach hired a firm to research and secure grant money for them and they are very happy with the results. It more than paid for itself in the first year. Mrs. Archer expressed the concern that with all of the things we are trying to do in the City, we possibly are not getting our fair share of the grant money that it out there. She recommended that the Commission look into the possibility of doing something like West Palm Beach did, and that the City of West Palm Beach be contacted to find out how they went about doing things as she would like to see Delray Beach get as much grant money as possi- ble. Mrs. Archer then stated that she had received a tele- phone call with regard to the setbacks in the Central Business District that is east of the Intracoastal Waterway. She under- stands there is a project in the works right now that involves the potential of bringing two national retailers to East Atlan- tic Avenue and that in order to meet the minimum parking require- ments for the floor space, they are looking to use the zero lot line rather than the five foot (5') setback. This particular development proposal involves the area on the north side of East Atlantic Avenue in the block right behind the Marriott Hotel where the Arvida real estate firm is at Andrews Avenue. Mrs. Archer stated she brought this up because (1) it is her under- standing from the party she spoke with that they had spoken with Diane Dominguez (Director of Planning and Zoning) and that if a Commissioner brought it up, it might bring about a resolution of the issue without them having to go through the lengthy process of asking for a variance or whatever because they are in negotia- tions, and (2) she has a concern that if a national retailer comes into an area like that on Atlantic Avenue that is congest- ed and if for some reason the retailer does not meet its project- ed volumes, they will simply leave and the City will probably end up with a restaurant or two. Mrs. Archer felt that since they are in negotiations, it is probably important that the Commission at least be aware of the situation and try to provide some direction. She personally would not have a problem with considering an exception, but she would have a problem with the potential ramifications in the future. If it ended up with a restaurant there, there would be reduced sidewalk space along with the potential for sidewalk tables. This, she felt, would be problematic. The City Manager stated that the memorandum from Diane Dominguez which had been distributed to the Commission pretty well lays out the background of the issue. 12.C.3. Commissioner Wriqht commended the Police Department, in particular Chief Overman and Officer Brown, for a very innova- tive program they have going where they are attacking the crimi- nal victimization of the elderly. The department is holding classes for senior citizens as well as teaching the Police officers how to deal sensitively with elderly citizens. Delray -28- 8/03/99 Beach is probably one of the first Police Departments in this area that has implemented such a program. 12.C.4. Commissioner Randolph commented that on the evening his car was run into in front of his home by a stolen vehicle, the speed limit sign was also knocked down at that time and has not been put back up. He asked that the sign be put back up as soon as possible. Mr. Randolph then expressed his concern about the traffic signalization at SW/NW 10th Avenue and Atlantic Avenue being too quick along the north/south direction, giving barely enough time to get one or two cars through the intersection. Then it gets dangerous because the third or fourth car may try to make it through before the light changes, but it is so quick and the east/west traffic on Atlantic Avenue is always in a big hurry. Every time it has been checked by the County, they have indicated that it is within acceptable timing limits. Mr. Randolph asked that the timing be checked again and, if the same conclusion is reached, he would want to know who is doing the inspection because he personally feels something should be done to time that light so it gives a few more cars the ability to cross Atlantic Avenue. 12.C.5. Mayor Alperln had no comments or inquiries. There being no further business to discuss, Mayor Alperin declared the meeting adjourned at 8:55 p.m. ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of August 3, 1999, which minutes were formally approved and adopted by the City Commis- sion on ~~~ /7 / ~O~ ~O R~R: I~ ~he m~nu~es you have receSved are no~ com- pleted as ~ndica~ed above, ~h~s means ~hey are n~ m~nu~es o~ ~he C~y C~mm~ss~on. They w~ii bec~me m~nu~es only a~er revSew and appr~vai which may ~nv~lve some amendments, additions or dele~5ons.