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09-07-99 SEPTEMBER 7, 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, September 7, 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 Pastor Mike Bell with Lakeview Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mr. Schmidt asked that Item 8.C., Final Plat Approv- al/"Estuary", be moved from the consent agenda to the beginning of the regular agenda as Item 9.AA. 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. Schmidt moved to approve the Minutes of the Regu- lar Meeting of August 17, 1999, 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. 6. Proclamations: 6.A. Recoqnizing Scott Woolley as Ernst & Younq's 1999 Florida Entrepreneur of the Year. Mayor Alperin read and presented a proclamation recog- nizing and commending Mr. Scott Woolley, President of Five Star Productions, on being named Ernst & Young's 1999 Florida Entre- preneur of the Year in the Business Services category. Five Star Productions is South Florida's largest film/video produc- tion company and is located in the City of Delray Beach. Mr. Woolley came forward to accept the proclamation and expressed his thanks and appreciation to the Mayor and City Commission for the recognition. 6.B. Recoqnizinq and commendinq the 1999 Ocean Rescue Lifequard EMS Competition Team's First Place tie in the 1999 Emergency Medical Foundation International Basic Life Support Competition. Mayor Alperin read and presented a proclamation recog- nizing and commending the Delray Beach Ocean Rescue EMS Competi- tion Team First Place Winners Lieutenant Eric Feld, EMT, Ocean Lifeguard Walter Baum, EMT, and Ocean Lifeguard Brent Tracy, EMT, for their representation of the City of Delray Beach at the 1999 Emergency Medical Foundation International Basic Life Support Competition held in Orlando, Florida, on July 7, 1999. Messrs. Feld, Baum and Tracy came forward to accept their proclamations, along with Beach Supervisor Rich Connell. Mr. Connell introduced Dr. Gandia, representing the Florida College of Emergency Physicians, who presented a trophy to the Ocean Rescue Lifeguard EMS Competition Team and commended them on their achievements at the competition. 7. Presentations: 7.A. Special Merit Award to Robert Bullard, Utility Mainte- nance Manaqer, and Clayton Gilbert, Utility Maintenance Supervi- sor, for their suggestion to reduce pumpinq operations at the Master Booster Pump Station, thereby reducing electrical costs at the facility by approximately 75%, with an annual savings of $15,0.00 anticipated. Mayor Alperin stated that Messrs. Bullard and Gilbert are to share a special merit award in recognition of their suggestion regarding operational efficiency of pump station #100, the City's sewage booster pump station on S.Eo 4th Avenue and 3rd Street. He explained that several years ago the City implemented a program to give special recognition to those employees who found ways of improving safety for the citizens and employees of the City of Delray Beach and also for saving the City money. Richard Hasko, Director of Environmental Services, then explained the cost-saving idea which had been submitted by Messrs. Bullard and Gilbert where they figured out a way to save an estimated $15,000 annually in electrical costs at one of the major booster pump stations by modifying an aspect of the sta- tion's operation. -2- 9/07/99 Mayor Alperin then presented a check in the amount of $1,117.00 to Mr. Gilbert and a check in the amount of $1,188.00 to Mr. Bullard, along with the thanks and appreciation of the City Commission for their efforts on behalf of the City of Delray Beach. 8__. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 53-99: A resolution extending an invitation to the City of Moshi, Tanzania, to establish a Sister City relationship with the City of Delray Beach. The City Manager presented Resolution No. 53-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXTENDING AN INVITATION TO THE CITY OF MOSHI, TANZANIA, TO ESTABLISH A SISTER CITY RELATIONSHIP WITH THE CITY OF DELRAY BEACH, AND INVITING THE PEOPLE OF MOSHI, TANZANIA, TO PARTICIPATE IN THIS MUTUALLY ADVANTAGEOUS PROGRAM. (The official copy of Resolution No. 53-99 is on file in the City Clerk's office.) 8.B. FINAL PLAT APPROVAL/COLNON SUBDIVISION: Approve the final plat for Colnon Subdivision, a proposed three lot subdivi- sion located south of N.W. llth Street on Lake Ida. 8.C. FINAL PLAT APPROVAL/"ESTUARY": THIS ITEM WAS MOVED TO THE BEGINNING OF THE REGULAR AGENDA AS ITEM 9.AA. 8.D. FINAL PLAT APPROVAL & ACCESS EASEMENT/CONGRESS COM- MERCE CENTRE: Approve the final subdivision plat for Congress Commerce Center, a proposed industrial park to be located at the southeast corner of Lake Ida Road and Congress Avenue, and grant a non-exclusive, perpetual easement over City-owned property to provide for access to and from the Congress Commerce Centre property onto Lake Ida Road. 8.E. HOLD HARMLESS AGREEMENT & RIGHT-OF-WAY DEED/PINEAPPLE GROVE PROPERTIES, LTD.: Approve a hold harmless agreement for brick pavers located in an easement and the construction of a sewer line in the public right-of-way and accept a right-of-way deed for a 16 foot drive aisle from Pineapple Grove Properties, Ltd. in accordance with the provisions of Resolution No. 26-99 abandoning the north/south alley located on the old Winn Dixie property at the northeast corner of N.E. 2nd Avenue and N.E. 1st Street. 8.F. AGREEMENT FOR TRANSFER OF PROPERTY/HABITAT FOR HUMANI- TY: Approve an agreement between the City and Habitat for Humanity of Boca-Delray, Inc. concerning the transfer of proper- ty located at 214 S.W. 5th Avenue from Habitat to the City for 3 9/07/99 the purpose of quiet title action in order to clear title and obtain title insurance, with subsequent transfer back to Habitat for Humanity. 8.G. TRAFFIC ENFORCEMENT AGREEMENT/DEL AIRE COUNTRY CLUB PROPERTY OWNERS ASSOCIATION: Approve an agreement between the City and the Del Aire Country Club Property Owners Association to allow the Delray Beach Police Department to enforce state and local traffic laws on the private roads of the Del Aire Country Club. 8.H. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO- GRAM: Approve a funding subsidy in the amount of $13,600.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 93rd homeownership assistance grant provided through the program to-date. 8.I. RESOLUTION NO. 54-99: Approve a resolution assess- ing costs for the demolition of an unsafe building located at 407 S.W. 2nd Street (W 1/2 of Lot 16, Block 30, Town of Delray) . The caption of Resolution No.54-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS" OF THE LAND DEVELOPMENT REGULATIONS OF ~HE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 54-99 is on file in the City Clerk's office.) 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 16th through September 3, 1999. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $263,510.00 to Marine Engineering Contractors, Inc. for construction of the chemical storage building at the Water Treat- ment Plant, with funding from 441-5161-536-63.73 (Chemical Storage Building). 4 9/07/99 2. Contract award in the amount of $96,062.00 to Glasgow Equipment Service, Inc. for the removal and replacement of three underground fuel storage tanks at the Environmental Services complex, with funding from 334-6112-519-64.28 (General Construc- tion Fund - Fuel Tanks). 3. Purchase award in the total amount of $413,025 to Comark Government & Education Sales for the purchase of 83 laptops and associated options (via Florida SNAPS contract in the amount of $403,169) and memory to upgrade the existing 77 laptops at the Police Department (via Florida State contract in the amount of $9,856), with funding from 334-6111-519-64.29 (COPS More 98 Grant). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.AA. FINAL PLAT APPROVAL/"ESTUARY": Approve the final subdivision plat for "Estuary", a proposed 82 unit townhouse development to be located on the west side of the Intracoastal Waterway, east of North Federal Highway between Denery Lane and Royal Palm Boulevard. Mr. Schmidt stated that he did not have a concern about the plat. However, he had received a call last week from one of the officers of the La Hacienda Homeowners Association which abuts this property and their concern about the potential impact that this development is going to have as far as drainage in their neighborhood. Apparently now there is a little canal that drains the rain water running east off of Federal Highway into the Intracoastal Waterway. The Estuary is proposed to be surrounded by a wall, so Mr. Schmidt wanted to take this opportu- nity to make sure the City is on top of this and there will be no negative impact on the residents in the area. The City Manager responded that the drainage has been a major concern and something that the developer had to deal with in order to get his permits from the South Florida Water Management District. He was not sure of the exact solution, but knew that the drainage goes through the Estuary development in some manner and would check on it and let Mr. Schmidt know how it is being handled. Mr. Wright moved to approve the final subdivision plat for "Estuary", seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -5- 9/07/99 - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.A. CONDITIONAL USE REQUEST/TOWN SQUARE: Consider a request for conditional use approval to allow (1) a building height of 54 feet and (2) the establishment of a bank with drive-through in the Central Business District for Town Square, a proposed mixed use development to be located at the current site of Republic Security Bank on the south side of N.E. 1st Street, between N.E. 5th and 6th Avenues. QUASI-JUDICIAL PRO- CEEDING The City Clerk swore in those individuals wishing to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, stated this project involves a development that includes a 17,000 sq.ft, office building that is four stories in height, with a height to the mid-point of the roof of 54 feet measured from the crown of the road. This is one aspect of the project that requires conditional use approval. Within the Central Business District (CBD), a height of up to 60 feet may be al- lowed but anything over 48 feet requires conditional use approv- al. The second aspect of the conditional use request is to have a drive-through facility for a bank. Because the CBD is intend- ed to be a pedestrian-oriented district with most of the uses and development pattern of the type to encourage pedestrian traffic as opposed to vehicular traffic, any use with a drive- through requires is a conditional use. Ms. Dominguez noted that in this instance there has been a drive-through at the existing banking facility since the 1970's. It will be demolished and replaced adjacent to the new bank building. The site is located between the Federal Highway pairs which is a heavily traveled vehicular corridor. Hence, it is an appropriate location for a drive-through banking facility. Regarding the proposed 54 foot height, the proposed office building is set back significantly from at least three of the bordering streets and there are adjacent buildings that vary in height from one story to the Colony Hotel which has a highest point of about 40 feet. The proposed development will also include 22 townhomes along two of the streets and those will be around 35 feet in height which provides for some transition. The Planning and Zoning Board held a public hearing on the conditional use request on August 16, 1999, at which several members of the public spoke in favor of the proposal. The Board voted unanimously to recommend approval of both aspects of the conditional use request. Mr. Cary Glickstein, Ironwood Properties (applicant), stated that the existing bank facility will be replaced with a larger bank facility and Republic Security Bank is then going to reoccupy the entire first floor. Encompassing portions of the perimeter are three story townhomes. Mr. Glickstein noted that the proposed density is at 14 units to the acre in comparison to the allowable density of 30 units to the acre in the CBD. He -6- 9/07/99 felt that the architecture is compatible with the downtown and that the proposed height of 54 feet is consistent with the Land Development Regulations in satisfying the criteria to go above the 48 foot limit. The drive-through has been at this location for a couple of decades already, so it will not be a new or unanticipated use. At this point, Mayor Alperin declared the hearing open for public comment. Speaking from the audience was the follow- ing: John Bennett, 137 Seabreeze Avenue, expressed his support for the proposed project. He commented that it is rather tall, but based on where it is located he did not feel it would significantly intrude on Atlantic Avenue which is his major concern. The proposal provides needed downtown residen- tial development without going overboard as some other projects want to do. There being no one else from the audience who wished to address the City Commission, the public hearing was closed. On question from Commissioner Archer, Ms. Dominguez clarified that the height is 54 feet to the mid-point of the roof on the office building, 59 feet to the very top. On question from Commissioner Schmidt, Mr. Glickstein clarified that the drive-through facility will be located at about the middle of the property coming in off of either Federal Highway (northbound or southbound), on the east side of the office building. Mr. Wright moved to approve the conditional use re- quest for Town Square to allow a height of 54 feet based on positive findings with respect to LDR Section 4.3.4(J) (4) (b) (Height Allowance Criteria) and Section 2.4.5(E) (5) (Conditional Use Findings), and approval of the conditional use request to establish a bank with drive-through for Town Square based on positive findings with respect to Chapter 3 (Performance Stan- dards) and Section 2.4.5(E) (5) (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehen- sive Plan, said approvals to be subject to the following condi- tions: (l) Approval of a site plan by the Site Plan Review and Appearance Board that is in general conformance to the submitted sketch plan, and that addresses the site visibility issues raised in the Planning and Zoning Board Staff Report for the August 16, 1999, Planning and Zoning Board meeting; and (2) Submission of a traffic statement prior to action on the site plan. -7- 9/07/99 The motion was 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. 9.B. IN-LIEU OF PARKING FEE FOR GROVE SQUARE (BLOCK 85 REDEVELOPMENT): Consider approval of a request to allow the payment of an in-lieu of fee for one (1) parking space associat- ed with the construction of an office building for Grove Square (Block 85 Redevelopment), proposed to be located on the east side of S.E. 2nd Avenue between East Atlantic Avenue and S.E. 1st Street (immediately south of City Limits restaurant). Diane Dominguez, Director of Planning and Zoning, presented an overview of the request. Grove Square (Block 85 Redevelopment) was approved in August, 1995, as a mixed use project with restaurant/retail uses in phase one (now completed) and office/residential in phase two. On August 25, 1999, the Site Plan Review and Appearance Board approved a site plan modification associated with the buildout of the development. The modifications involve the construction of an 11,638 square foot 4-story office building (rather than a 12,328 square foot 4-story mixed use building) and a 144 square foot storage area addition within phase one. A condition of that approval was the payment of an in-lieu of fee for one (1) parking space. Ms. Dominguez continued that the proposal requires 40 parking spaces. The code provides that the requirement may be reduced by one parking space on a one time basis. Thirty-eight parking spaces have been provided resulting in a deficiency of one space ($12,000 in-lieu of parking fee). However, the devel- oper will be providing three (3) parking spaces in the right-of- way immediately in front of the office building along S.E. 2nd Avenue. Per LDR Section 4.6.9(E) (3) (e), the fee of $12,000 will be reduced by an amount equal to the cost of constructing park- ing spaces in the right-of-way, including the cost of paver blocks, a portion of the landscaping, lighting and those types of things, as well as pavement. Mr. Wright moved to approve the in-lieu of parking fee for Grove Square, 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.C. PARKING LICENSE AGREEMENT/DAKOTAH 624: Consider approval of a parking license agreement with Dakotah 624 for the use of six (6) spaces on the south side of Atlantic Avenue between the FEC Railway and S.E. 2nd Avenue from 5 p.m. to 2:00 a.m., seven days per week, for valet parking queues. Robert A. Barcinski, Assistant City Manager, presented an overview of the request which is to approve a parking license agreement with Dakotah 624 for valet parking on the south side 8 9/07/99 of Atlantic Avenue, involving six (6) spaces for the queue, basically from the railroad tracks west to S.E. 2nd Avenue. The license agreement was set up previously under Grove Square. The required insurance has been reviewed and accepted, as well as the lease agreement to use private parking for the cars. The Parking Management Advisory Board recommended approval of the license agreement by a vote of 6 to 0 on August 24, 1999. Mr. Barcinski noted that Dakotah's will share the spaces with Hoot, Toot and Whistle. Mr. Schmidt moved to approve the parking license agreement with Dakotah 624 for valet parking, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/1ST ANNUAL GLOBAL FESTIVAL: Consider a request for special event approval for the First Annual Delray Beach Global Festival to be held on October 23, 1999, from 10:00 a.m. until 10:00 p.m., to include a temporary use permit for the closure of N.E. 1st Avenue from Atlantic Avenue north to just south of the Old School Square gymnasium, use and set-up of the large stage, staff assistance for barricad- ing, trash removal and security, and waiver to allow event signage more than one week in advance. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. It was noted that this event will be taking the place of the former Visions of Perfect Harmony Festival. The staff recommendation is for approval of the temporary use permit, the waiver of the sign code to allow the signage to be placed on October llth, to provide staff assis- tance as requested and to split the overtime 50/50. The over- time is estimated at $800.00. Also, the sponsors will be re- quired to provide liability insurance as well as a hold harmless agreement. Mrs. Archer moved to approve the special event request for the 1st Annual Global Festival as recommended by staff, 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. SPECIAL EVENT REQUEST/FIRST NIGHT: Consider a request for special event approval for First Night to be held on Decem- ber 31, 1999 from 4:00 p.m. until midnight, to include a tempo- rary use permit for the use of City facilities and rights-of-way (street closures), staff support, waiver of overtime costs and facility and equipment costs, and to provide portable lighting for street intersections. -9- 9/07/99 Robert A. Barcinski, Assistant City Manager, presented an overview of the request. The staff recommendation is for approval of the event, temporary use permit, the closure of streets as outlined, providing staff support for security and traffic control, barricading and trash pick-up, approval of a waiver of 70% of the costs for use of City facilities and equip- ment and waiver of overtime costs. The sponsor will be required to provide the required liability insurance and a hold harmless agreement. Mr. Randolph moved to approve the special event re- quest for First Night to be held on December 31, 1999, as recom- mended by staff. The motion was 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. 9.F. SPECIAL EVENT REQUEST/RUN FOR THE WHISPER 5K RUN/WALK (NATIONAL OVARIAN CANCER COALITION): Consider a request for spe- cial event approval for the Second Annual Run for the Whisper to be held on April 15, 2000, from 7:30 a.m. until the end of the run/walk, to include a temporary use permit for the use of Anchor Park and the A1A right-of-way, staff assistance for barricading the route, and Police assistance for security and traffic control. Robert A. Barcinski, Assistant City Manager, presented an overview of the request. The staff recommendation is for approval of the event, temporary use permit, and staff assis- tance provided the event sponsor pays the overtime cost which is estimated at $1,800. The sponsor will be required to provide the required liability insurance and a hold harmless agreement. Mrs. Archer moved to approve the special event request for the Second Annual Run for the Whisper to be held on April 15, 2000, as recommended by staff. 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.G. SPADY MUSEUM AND THE WILLIAMS HISTORIC HOME/CRA DONA- TION: Consider a request from the Community Redevelopment Agency to move the historic Susan Williams home at 30 N.W. 3rd Avenue to the Spady Historic Museum site at 170 N.W. 5th Avenue, and donation of same to the City. The City Manager stated a request has been received from the Community Redevelopment Agency to move the Williams house (which is located across the street from the Tennis Center on 3rd Avenue) over next to the Spady House Museum to be used as offices for EPOCH and the museum itself. The action requested of the Commission is approval to accept ownership of the Wil- liams house. He further stated it is his understanding that the -10- 9/07/99 CRA and EPOCH would be working together to obtain funding for the restoration of the house, although this does not mean there will be no cost to the City. We do not have a good estimate of what the restoration will cost at this point and we do not know what outside funding might be obtained. There is an exposure for the need for some City assistance with the restoration. If the Commission votes to accept the house, then the City would be undertaking an obligation to see that the house gets restored by one means or another. Mr. Randolph stated that he felt accepting the house would be a step in the right direction. While acknowledging there will be some restoration costs involved, many of the historic homes in the area have been demolished and this is an opportunity to lend some credence to the efforts of the people who have been struggling to save some of the structures in the West Settlers historic district. On question from Mrs. Archer, the City Manager stated it is his understanding that the CRA will pay to have the struc- ture moved to the Spady Museum site. Mrs. Archer moved to approve acceptance of the dona- tion of the historic Susan Williams home from the Community Redevelopment Agency. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.H. COST ESTIMATE TO SURVEY CANALS IN TROPIC ISLE SUBDIVI- SION: Consider a proposal from Coastal Planning & Engineering, Inc. to perform surveying and associated engineering services for the purpose of developing a preliminary cost estimate to dredge the canals of Tropic Isle subdivision. The City Manager stated that he and the City Attorney had met with an attorney and representatives of the plaintiffs in the Tropic Isle lawsuit. After discussing what their desires were and the posture of the case, the Manager and City Attorney felt it would be wise to get a better estimate of the cost of dredging the canals to put the City in the best posture for defending the lawsuit or taking whatever action might be neces- sary to settle it. The recommendation is to approve an agree- ment with Coastal Planning & Engineering in the amount of $14,970 to survey all of the canals and give the City a cost estimate based on the volume that they measure that would need to be removed to give a navigable channel five feet in depth at iow tide. Mr. Schmidt moved to approve contracting with Coastal Planning & Engineering for $14,970 to survey the Tropic Isle canals, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. -11- 9/07/99 Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.I. BID AWARD/STILES-KEM OF MET PRO CORP. (POLYPHOSPHATE ANNY]AL CONTRACT): Consider approval of a bid award at an esti- mated annual cost of $49,980 to the lowest responsive, responsi- ble bidder, Stiles-Kem of Met Pro Corp. (third low bid) for the purchase of polyphosphate for the Water Treatment Plant, with funding from 441-5122-536-52.21 (Water Treatment & Stor- age/Chemicals) in FY 2000 budget. Mrs. Archer moved to approve the bid award to Stiles- Kem of Met Pro Corp. for the purchase of polyphosphate for the Water Treatment Plant. 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. 9.J. BID AWARD/REPUBLIC CONSTRUCTION & DEVELOPMENT CORP.(POLICE EVIDENCE STORAGE BUILDING & EXERCISE AREA): Consid- er approval of a bid award in the amount of $170,878.00 to Republic Construction & Development Corp., second iow bidder, for construction of a new Police Evidence Storage Building and interior modifications in constructing an exercise area, with funding from 334-6111-519-62.10 (Capital Outlay - Buildings). Also requested is acceptance of the iow bidder's request to have their bid withdrawn. Mr. Wright moved to approve the bid award to Republic Construction & Development Corp. for construction of the Police Evidence Storage Building and exercise area. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:50 p.m., the Commis- sion moved to Item 12, First Readings, on the agenda. 12. FIRST READINGS 12.A. ORDINANCE NO. 34-99: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for an increase in residential and commercial collection service rates for FY 2000. If passed, a public hearing will be scheduled for Septem- ber 21, 1999. The City Manager presented Ordinance No. 34-99: AN ORDINANCE OF THE CITY COMMISSION OP THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES -12- 9/07/99 LEVIED", TO PROVIDE FOR INCREASED RESIDEN- TIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2000; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schmidt moved to approve Ordinance No. 34-99 on FIRST Reading, 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. 12.B. ORDINANCE NO. 35-99: An ordinance amending Chapter 71, "Parking Regulations", of the City Code by enacting a new Section 71.030, "Immobilization Regulations", to enact guide- lines governing the immobilization (booting) of vehicles on private property. If passed, a public hearing will be scheduled for September 21, 1999. The City Manager presented Ordinance No. 35-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SUBSECTION 71.030, "IMMOBILIZATION REGULATIONS", TO ENACT GUIDELINES GOVERNING THE IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 35-99 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Com- ments and Inquiries on Non-Agenda Items from the Public. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. -13- 9/07/99 ll.A. City Manaqer's response to prior public comments and inquiries. In response to Mrs. Rosetta Rolle's complaint about her driveway not being properly installed by the contractor working in the northwest section of the City, the City Manager stated that the contractor had installed it straight instead of flared as it approached the street. The contractor has since been required to replace the apron with the correct flaring and the work has been completed. 11.B. From the Public. 11.B.1. John Bennett, 137 Seabreeze Avenue, stated that he wished to go formally on the record as opposing the Block 77 contracts. The development is simply too dense, the building too large and too close to Atlantic Avenue to preserve the character of this vital street. 11.B.2. Alice Finst, 707 Place Tavant, stated that she be- lieves the parking downtown in the area of the proposed Block 77 development is grossly overcrowded with the existing parking being inadequate. To contemplate bringing in such a large development is not looking out for the residents and the people who are going downtown to the businesses. The overwhelming amount of cars that will be allowed in by the parking needed for the project would just be compounding the problem. Mrs. Pinst further commented that if 30 feet were to be taken out of Wot- thing Park, not too much of the park would be left. She ques- tioned any benefit to the park and the people who use it and felt that the proposed project was one more "developer relief act" that the City does not need. 11.B.3. Jean Beer, 2145 S.W. 26th Terrace, emphasized that she was speaking on her own behalf and not on behalf of P.R.O.D. She personally feels that the proposed density of the Block 77 project is too great for the area in which it is to be located. She reviewed the summary minutes of the Commission's October 13, 1998 workshop meeting when the three projects that were initial- ly considered for Block 77 were presented to the Commission by the CRA for review and comment. Mrs. Beer noted that the end result, as summarized, was that the Commission expressed appreci- ation to the CRA for their hard work and wished them well in arriving at a decision. She did not take it that the Commission gave any sort of conceptual approval to any of the proposals or any guarantees to any of the developers about any specific density. 11.B.4. Charlotte Wriqht, 802 N.W. 2nd Street, stated there continues to be problems with illegal dismissal of tenants from the Palm Manor apartments, and the Delray Beach Police Depart- ment has sided with the operator on the basis that she holds a hotel/motel license and is entitled to take such action. Ms. Wright submitted a statement from the Tax Collector's office -14- 9/07/99 indicating that a computer search had been run and no listing found for a hotel/motel occupational license held by Palm Manor or under the names of the owners or operator, a copy of which is attached hereto and made a part of these minutes. She asked for relief or assistance from the City in dealing with the operator putting people out on the street with little or no notice. The City Manager stated that under state statute this is a civil matter. There are laws to protect tenants and what the tenants need to do is go into court and seek protection. The City has no involvement. Ms. Wright responded that it is the Delray Beach Police Department that is telling tenants they have to be out of the apartments within two hours because the operator holds a hotel/motel license. The City Manager stated that the tenants need to get an attorney or go to the Judge and deal with it through the court system because the City cannot help in resolving the problem. ll.B.5. Rosett& Rolle, 301 N.W. 3rd Avenue, spoke in support of Ms. Wright and asked that the City look into the situation. Mrs. Rolle alleged there are children being affected by the actions of the landlord and felt that the City should be con- cerned about their health and well being. ll.B.6. Josh Smith, Jr., 3616 Avenue de Glen, stated he, too, has a problem with people being put out on the street under threat of arrest from Delray Beach Police officers if the offi- cers have not checked out whether there is a hotel/motel license and are simply taking the word of the woman in charge, especial- ly now that the court records show there is no such license. ll.B.7. Henry Williams, 310 N.W. 3rd Avenue, stated that he feels the City is already involved in the situation if Delray Beach Police officers are going to the apartments and telling people they have to get out. Mr. Williams asked that the City look into how the Police Department is handling this matter. ll.B.8. Rodne¥ Romano, representinq Dharma Holdinqs, asked that the City Commission continue to stand firm and require full information on the Block 77 project before making a decision one way or another. He felt that when all of the details are forth- coming and the Commission has the opportunity to analyze them, it will be clear that all of the promises for economic boom, public parking and wonderful times for downtown are empty promis- es. 11.B.9. Martin Borden, 100 Venetian Drive, stated that he, too, is concerned about the proposed Block 77 development. He felt that the density is far too great for the area and that any development should be consistent with the rest of the architec- -15- 9/07/99 ture in the community. Mr. Borden urged the City Commission to continue to research the project very carefully. At this point, the time being 7:10 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 56-99 (TENTATIVE TAX LEVY): A resolu- tion tentatively levying a tax on all properties within the City of Delray Beach for maintenance and operation, and for payment of principal and interest on bonded indebtedness, for FY 2000. 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.56-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No.56-99 is on file in the City Clerk's office.) The City Attorney stated that the tentative millage rate is 7.65 mills, and is 4.08% above the rolled back rate. 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. Speaking from the audience was the following: John Bennett, 137 Seabreeze Avenue, stated that he felt the reduction of five-hundredths of a mill (0.05 mill) is not going to return much to the taxpayers and that it would be better for the City to keep the $150,000 or so that it would gain by keeping the current rate of 7.70 mills and using it for something worthwhile like increasing the number of computers at the library for children who don't have them at home. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Randolph moved to approve Resolution No. 56-99, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Schmidt - No; Mrs. Archer - No; Mr. Wright - Yes; -16- 9/07/99 Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 3 to 2 vote. 10.B. RESOLUTION NO. 57-99 (TENTATIVE TAX LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2000. 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.57-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTE- NANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 57-99 is on file in the City Clerk's office.) The City Attorney stated that the tentative millage rate for all properties within the DDA Taxing District is 1.00 mill, which is 5.31% above the rolled back rate. 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 speak on this item, the public hearing was closed. Mr. Schmidt moved to approve Resolution No. 57-99, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 58-99 (TENTATIVE BUDGET ADOPTION FOR FY 2000): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 1999 through September 30, 2000. 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.58-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTA- TIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1999, TO THE 30TH DAY OF SEPTEMBER, 2000; TO PRESCRIBE THE TERMS, CONDITIONS AND -17- 9/07/99 PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENTS; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No.58-99 is on file in the City Clerk's office.) The City Manager highlighted some of the major items in the FY 2000 budget, noting that it is intended to continue the level of service that is currently provided to the residents of the City. The largest single item is $334,268 in additional compensation to Police officers to deal with the attrition problem we have had, particularly this past year. This will increase Police starting salaries from $30,000 to $32,000, will pay an educational incentive of about $2,000 for a bachelor's degree and $1,000 for an associate degree, and increase the pay for incumbent Police officers and Sergeants by $2,000 per year. There is also a pay plan adjustment for blue collar employees that will cost $97,270. The City will be contracting the mainte- nance on the Bermuda grass ballfields at Pompey Park for the two Little League fields. The current estimate on that is about $25,000. The funding for the Library has increased from $800,000 to $880,000. We are proceeding with the second year of a replacement and upgrade program for Police Department weapons at a cost of $17,140. Also, a Staff Assistant II position in the Parks and Recreation Department, Athletics and Special Events, is being made a full time position instead of a part time position for a total cost of $27,060 (the net is probably about half that). The City Manager continued that three years ago the Police Department added five (5) Police officers using a federal grant. The FY 2000 budget continues those officers on City staff even though the grant has now run out. This will be the first year without that grant. 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. Speaking from the audience were the following: Josh Smith, Jr., 3616 Avenue de Glen, asked if there was any particular reason why the increase in salaries for Police officers was an across the board $2,000 increase as opposed to a percentage increase? The City Manager responded that it was negotiated through the collective bargaining process and is basically what the Police union asked for that both the City and the union were -18- 9/07/99 able to agree on. Further, the City looked carefully at other agencies that were attracting officers away from us and felt that the $2,000 increase would help make Delray Beach competi- tive. Jean Beer, 2145 S.W. 26th Terrace, commented that this particular hearing is the first time the public has had the opportunity to voice an opinion on the budget and at this point it is too late to have any significant input into the process. She suggested to the Commission that they should think about this and possibly consider revising the process. Alice Finst, 707 Place Tavant, stated that she feels very shut out from the budget process. In past years there was an opportunity for real public input and she did not see where there has been any opportunity for any kind of public input on the FY 2000 budget other than the hearing tonight where the comments are limited to three minutes. Mrs. Finst felt it would be useful to go back to a more open process so that the public would really be involved in what was going on with the expendi- ture of public money. Rosetta Rolle, 301 N.W. 3rd Avenue, underscored Mrs. Finst's comments about what she felt was the need for greater citizen input into the budget process. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Schmidt moved to approve Resolution No. 58-99, 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. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manaqer. The City Manager commented that the budget document has been available since July 13th for anyone who cares to get a copy or examine a copy of it, as well as all of the backup material. So for anyone who cares to dig into it, the informa- tion is available. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt stated that the comments made earlier in the meeting about the problems at the apartment complex were of great concern to him if, in fact, someone was 9/o?/99 misrepresenting to the Police their licensing status or if the Police has a misunderstanding of the licensing status. He asked that at the very least this be looked into with the Police Department to make sure that the officers have the correct information as to the license, if indeed there is one for this building. Commissioner Schmidt reminded everyone of the Kiwanis luncheon on Thursday, September 9th, where School Board Superin- tendent Joan Kowal will be in attendance. He just found out that Carole Shetler will also be there so it would be doubly nice if the Commission is there so they can thank her for the good job she did at Atlantic High School. 13.C.2. Commissioner Archer stated she had attended the Palm Beach County Legislative Delegation's subcommittee meeting where annexation and de-annexation were discussed. One of the major topics of discussion was the fact that Broward County has decid- ed that by 2010 there will be no unincorporated areas in that county. Discussion came up as to whether or not this would be appropriate for Palm Beach County and, if so, when. The meeting was not very well attended and there will be another meeting in the north end of the county. At this point it is just really to establish the issues that will be reviewed, but it is something that we ought to be aware of and possibly want to spend a little more time on in the future. 13.C.3. Commissioner Wright had no comments or inquiries. 13.C.4. Commissioner Randolph had no comments or inquiries. 13.C.5. Mayor Alperin stated that he had received a copy of a letter addressed to Thomas Carney, the Chairman of the Delray Beach Housing Authority, from which the Mayor quoted, "The purpose of this letter is to inform you of the Delray Beach Housing Authority's total weighted public housing management assessment program. The Delray Beach Housing Authority's total weighted score for the assessment of it's fiscal year ended March 31, 1999, is 93.75%." Mayor Alperin noted that any Hous- ing Authority that gets over 90% is considered a high perform- er. Considering the condition that the Housing Authority was in ten years ago, Mayor Alperin felt they deserve the Commission's thanks and appreciation for how much they have done for the City and for residents who often do not have proper representation. There being no further business to be considered, Mayor Alperin declared the meeting adjourned at 7:25 p.m. ~ -City ~lerk ~ ATTEST: -20- 9/07/99 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 held on September 7, 1999, which minutes were formally approved and adopted by the City Commission on ~~ ~7~ 79? /~ity C~rk r NOTE TO RE~ER: 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. -21- 9/07/99 ,,.~:~:,~.. John K. Clark, CFC, ' ~tte~J0~J~0~ South CouIIty Branch Office Dell'ay Beach, FL 33445 This is to state that after going through our computer records that I can not find occupational licenses for Palm Manor Hotel/Motel, under that name or under the owners of Carolyn Holder or Roy and Irma Mitchell. I did find that Carolyn Holder had a cosmetology license from 1992 to 1996 in the name of Romell's Hair Design. C. Lofley Customer Service ~pe South County Branch Tax Collector's Office of Palm Beach County