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12-07-99 DECEMBER 7, 1999 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, December 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 delivered by Reverend Dan Casselberry, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. Mayor Alperin noted the addition of Item 8.J.5., Award for the purchase of a MedJocke¥ III, Special Events Response Vehicle for use by the Fire Department, to the Consent Agenda (Award of Bids and Contracts) by addendum. The City Attorney announced that Item 10.A., Ordinance No. 47-99 (Second Reading/Quasi-Judicial Public Hearing), rela- tive to the LDR text amendment pertaining to Block 69, would have to be postponed inasmuch as the requisite statutory adver- tising had not been met due to an error on the part of The Boca News. The necessary advertisement was not timely published. Hence, the City Clerk will have to readvertise the notice for the second reading. The City Attorney recommended that the item remain on the agenda until the Commission considers the public hearing items at 7:00 p.m., at which time she would announce again that the item is being postponed and have the Commission make a decision at that time on what date to reschedule the item for and postpone to that date certain. Mr. Randolph noted a clerical error in the Pire Depart- ment's memorandum dated December 6, 1999, in support of the purchase of the Special Events Response Vehicle. The first line reads, "On December 23, 1999, I was informed ...". The City Manager thought that the date should correctly read November 23, 1999. Mrs. Archer moved to approve the agenda, as amended, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: Mr. Schmidt moved to approve the Minutes of the Regu- lar Meeting of November 16, 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. Recognizing and commending Carole R. Shetler for her leadership at Atlantic High School and her many contributions to the Delray Beach community. Mayor Alperin read and presented a proclamation extend- ing the City's heartfelt thanks and appreciation to Carole R. Shetler for her exemplary service as Principal of Atlantic High School, acknowledging the significant contributions made by Ms. Shetler to the Delray Beach community, and wishing her continued success in her new position as Area I Executive Director for the School District of Palm Beach County. Ms. Shetler came forward to accept the proclamation. She stated that she is very proud of having worked with the City of Delray Beach during her tenure as AHS Principal and extremely appreciative of everything the community has done to support Atlantic High School and all of its local schools. 6.B. Observing and honoring the 200th anniversary of George Washington's death on December 14, 1999. Mayor Alperin read and presented a proclamation in honor and observance of December 14, 1999, as the 200th anniver- sary of the death of George Washington, and recognizing the many contributions this Patriot made to his country. Ms. Kimberly Harty, President of the Fifer George Weissenfels Society, Children of the American Revolution, came forward to accept the proclamation and expressed her apprecia- tion to the City Commission for this recognition. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 1999 2 12/07/99 through September 30, 2000, with funding in the amount of $48,000.00 from 001-1111-511-34.90 (City Commission - Other Contractual Services). 8.B. AGREEMENT FOR SIDEWALK IMPROVEMENTS/JENNINGS COMMER- CIAL BUILDING: Approve an agreement between the City and Rus- sell B. Jennings, Inc. to allow the deferral of sidewalk improve- ments within the Dixie Highway right-of-way immediately abutting Lot 18, Delray Beach Estates, until such time as the City re- quests the sidewalk to be constructed. 8.C. AMENDMENT TO PARKING LICENSE AGREEMENT/CAFFE LUNA ROSA: Approve an amendment to the parking license agreement between the City and Caffe Luna Rosa, Inc. to allow valet park- ing service seven days a week from 11:00 a.m. to 11:00 p.m., from December 15th through April 30th each year the agreement is in effect. 8.D. RESOLUTION NO. 42-99 & ACCEPTANCE OF EASEMENT DEED: Approve a resolution vacating and abandoning an easement associ- ated with the expansion of Boca Delray Animal Hospital, located at the northeast corner of Military Trail and Jefferson Road, based upon positive findings, and accept an easement deed for a 15 ft. wide exclusive sanitary sewer easement to accommodate the installation of a deep sanitary sewer main within Lot 61, Second Addition to Country Club Acres. The caption of Resolution No. 42-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE 7.5 FOOT UTILITY EASEMENT LOCATED ALONG THE EAST SIDE OF LOT 61 (LESS THE NORTH 20 FEET THEREOF), SECOND EDITION TO COUNTRY CLUB ACRES AS RECORDED IN PLAT BOOK 24, PAGE 21 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICU- LARLY DESCRIBED HEREIN, SUBJECT TO ACCEP- TANCE OF AN EASEMENT DEED GRANTING TO THE CITY OF DELRAY BEACH A 15 FOOT SANITARY SEWER EASEMENT, AS THE SAME IS MORE PARTICU- LARLY DESCRIBED HEREIN, ALL ASSOCIATED WITH THE EXPANSION OF BOCA DELRAY ANIMAL HOSPITAL LOCATED AT 1488 SOUTH MILITARY TRAIL, DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 42-99 is on file in the City Clerk's office.) 8.E. RESOLUTION NO. 78-99: Approve a resolution vacating and abandoning a portion of Old Dixie Highway right-of-way in conjunction with the proposed development of Jennings Commercial Building, located on the east side of Old Dixie Highway, approxi- mately 315 feet south of Gulfstream Boulevard, based upon pos- -3- 12/07/99 itive findings and subject to retaining a utility easement over a portion thereof. The caption of Resolution No. 78-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF THE ROAD RIGHT-OF- WAY FOR OLD DIXIE HIGHWAY LYING WEST OF AND ADJACENT TO LOT 18, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21 AT PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILI- TY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE WEST TEN FEET AND THE NORTH TEN FEET OF THE EAST TWENTY FEET OF THE ROAD RIGHT-OF-WAY FOR OLD DIXIE HIGHWAY LYING WEST OF AND ADJACENT TO LOT 18, DELRAY BEACH ESTATES, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 78-99 is on file in the City Clerk's office.) 8.F. RIGHT-OF-WAY USE PERMIT/ADELPHIA BUSINESS SOLUTIONS OF FLORIDA: Approve a permit agreement between the City and Adel- phia Business Solutions of Florida which will allow Adelphia to use the City's rights-of-way in accordance with City ordinances in order to provide telecommunications services in the City of Delray Beach. 8.G. SERVICE AUTHORIZATION ~i/DAMES AND MOORE (WEST ATLAN- TIC AVENUE IMPROVEMENTS): Approve Service Authorization %1 in the amount of $111,800.00 with Dames and Moore for design of hardscape and landscape improvements along West Atlantic Avenue from 1st Avenue to 10th Avenue. Funding will be from ISTEA grants, Beautiful Palm Beaches grants, and the Community Redevel- opment Agency. 8.H. FINAL PAYMENT/CUSTOM CARE, INC. (SEAGATE NEIGHBORHOOD BEAUTIFICATION): Approve final payment in the amount of $2,199.35 to Custom Care, Inc. for completion of the irrigation and landscaping improvements within the Seagate neighborhood, with funding from 334-4144-572-63.36 (General Construction Fund - Seagate Neighborhood). 8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 15th through December 3, 1999. -4- 12/07/99 8.J. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Tropical Lawn & Landscape Co. at an estimated annual cost of $11,712.50 for the landscape maintenance of Atlantic Avenue (west of CSX Railroad to Military Trail), with funding from 119-4144-572-46.40 (Beautification Trust Fund). 2. Lease award to Xerox for the three year lease of a Xerox 5352 Copier for the City Attorney's Office at a total lease cost over the three year period of $10,629.00, with pricing per Florida State contract and funding from 001-1611-514-44.30 (City Attorney - Equipment Rental/Lease). 3. Purchase award in the amount of $15,036.00 to AMJ Equipment Corporation, sole source vendor, for the purchase of eleven (11) new turbidity units to replace existing 1990 labor intensive equip- ment that is failing, with funding from 441-5122-536-64.90 (Water Treatment & Storage - Other Machinery/Equipment). 4. Contract addition in the amount of $30,000.00 with Aquifer Maintenance & Performance Systems, Inc. to increase the contract amount for well rehabilitation to $60,000 for the contract term of October 11, 1999 to October 10, 2001, due to additional work for unexpected pump and column failures. Funding is available from 442-5178- 536-63.97 (Raw Water Well #24 Rehab) . 5. Purchase award in the amount of $14,718.00 to Gilberti, Inc. of West Palm Beach, sole source vendor, for the purchase of a MedJockey III, Special Events Response Vehicle for use by the Fire Department, with funding from 115-2311-522-64.90 (Fire Department Special Projects - Other Machinery/Equipment), to be reimbursed through Palm Beach County EMS grant. (BY ADDENDUM) Mr. Schmidt moved to approve the Consent Agenda as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer Yes. Said motion passed with a 5 to 0 vote. -5- 12/07/99 9. REGULAR AGENDA: 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's condi- tion of approval to add hardware to exterior decorative shutters for the Castle Florida Building at 150 North Swinton Avenue (COA-351) and the Dittman Federspiel Building at 151 N.W. 1st Avenue (COA-364). QUASI-JUDICIAL PROCEEDING The City Attorney stated this item would be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Pat Cayce, Historic Preservation Planner, stated that the appeal is about upholding the Historic Preservation Board's decision to add hardware to decorative plastic shutters which were installed on the two newly constructed buildings without the approval of the Historic Preservation Board. The Board is not asking for the removal of the shutters or any change, with the exception of having hardware installed. The reason for this is that it would give the shutters the appearance of being operable shutters. Ms. Cayce stated that the Design Guidelines, which are part of the City's historic preservation ordinance, require that shutters be the full length of the window and half of the width and be installed on the casing side of the window so that if they aren't operable, at least they appear to be operable. In the case of the Castle Florida (Swinton Avenue) building, the approval was for wood louvered shutters, wall mounted with spacers to make them appear operable, where shut- ters were indicated on the elevations. The use of shutters on the front elevation was left to the owner's discretion. In the case of the Dittman Federspiel building (N.W. 1st Avenue), the material for the shutters was never approved. The shutters on both buildings were installed as wall shutters, that is against the wall, and they are vinyl shutters. At this point, Ms. Cayce stated she wished to enter the project file into the record, including a set of photographs which she submitted to the City Clerk for review by the City Commission. Tony Keller, Vice-Chairman of the Historic Preserva tion Board (who was acting Chairman of the HPB at the meeting at which the decision was made), stated that the original proposal was that the shutters on the Castle Florida building would be wooden and would appear to be operable. Contrary to that, the shutters are vinyl with no spacers. In an effort to mitigate the problem, the Historic Preservation Board voted to add the hardware and the shutter dogs. Mr. Keller stated that the Board felt this was a reasonable compromise to correct a problem that -6- 12/07/99 the developer self-inflicted. He asked that the Commission support the Historic Preservation Board's decision. Robert Federspiel, representinq Dittman Federspiel and also Castle Florida, stated that the City's code does not pro- vide for standards as they would relate to inoperable shutters. It only has one short sentence dealing with shutters, and it predates the hurricane code issues and all of the problems that came out of Hurricane Andrew. He continued that in his building impact glass was installed and the shutters were only installed as a cosmetic addition. He explained the problems associated with trying to now come back and install fake hinges to make it appear that the shutters are operable. Further, the building was C.O.'d by the City. Mr. Federspiel felt that a study should be done as to how shutters should be dealt with in the historic districts and include in that study the changes in the hurricane code to see how those changes might impact various considera- tions. Lloyd Hasner, representin~ Castle Florida, also dis- cussed the rationale for installing the vinyl shutters flush against the wall with no spacers behind them. They are cosmetic in nature and meant to blend in with the character of the neigh- borhood and historic district. If the Historic Preservation Board had told them from the beginning that the buildings should have operable shutters, then that if what they would have been. However, there was no clear direction and the end result is that the buildings were finished in the manner that was the most aesthetically pleasing. At this point, Ms. Cayce clarified that the Historic Preservation Board was not requiring anything more than the hardware. They were not requiring spacers between the unap- proved vinyl shutters. Also, the Board has had a policy (and it is a part of the Design Guidelines) that decorative shutters are not historically correct. In this case, however, the Board is only hoping to rectify the situation as it exists. A lengthy discussion by the Commission followed, after which Mr. Schmidt moved to deny the appeal. The motion died for lack of a second. Mrs. Archer moved to approve the appeal as modified (i.e. that the applicant agrees to install the shutter dogs, but not the hinges, and the applicant will come to some agreement with the Historic Preservation Board as to color). The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - No; Mr. Schmidt - No; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion FAILED TO PASS with a 3 to 2 vote. Mr. Randolph moved to approve the appeal, seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mayor Alperin No; Mr. Schmidt - No; Mrs. Archer - No; Mr. -7- 12/07/99 Wright - Yes; Mr. Randolph - Yes. Said motion FAILED TO PASS with a 3 to 2 vote. The City Attorney stated that the appeal is denied. 9.B. REQUEST FOR WAIVER/CONTRIBUTION FOR IMPROVING AND/OR EXTENDING S.W. 7TH STREET: Consider a request from Stone Sta- tion Florida Inc. to waive the requirements of LDR Section 6.1.2(A) (2) relative to providing one-half the cost of improving and/or extending an unimproved local street (S.W. 7th Street) located on a boundary of a proposed project. Following a lengthy discussion, it was the consensus of the City Commission that further analysis of the request as well as input from the neighborhood would be helpful before reaching a decision. Mrs. Archer moved to postpone consideration of the request for waiver to the December 14, 1999 regular meeting. The motion was 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 time being 7:20 p.m., the City Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 47-99 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Sections 4.4.24(B) (9) and 4.4.24(F) (1) by adding Lots 19 through 24, inclusive, Block 69, to the list of lots in the Old School Square Historic Arts District (OSSHAD) that may be developed pursuant to certain standards of the Central Business District. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No.47-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" AND SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO ADD LOTS 19 THROUGH 24, INCLUSIVE, BLOCK 69, TO THE LIST OF LOTS WITHIN THE OSSHAD ZONING DISTRICT THAT MAY HAVE THE SAME PRINCIPAL USES AS THE CENTRAL BUSINESS DISTRICT AND 8 12/07/99 THAT MAY BE DEVELOPED PURSUANT TO THE STAN- DARDS OF THE CENTRAL BUSINESS DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-99 is on file in the City Clerk's office.) The City Attorney reiterated that Ordinance No. 47-99 would have to be postponed inasmuch as the requisite statutory advertising had not been met due to an error on the part of The Boca News. Mr. Wright moved to reschedule the quasi-judicial and second public hearing for Ordinance No. 47-99 to the date and time certain of January 4, 2000, at 7:00 p.m. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - No; Mayor Alperin - No; Mr. Schmidt - Yes. Said motion passed with a 3 to 2 vote. 10.B. ORDINANCE NO. 48-99 (REZONING ASSOCIATED WITH TENNIS CENTER EXPANSION): An ordinance rezoning two properties located on the west side of N.W. 2nd Avenue, approximately 400 feet south of Martin Luther King, Jr. Drive (N.W. 2nd Street) from R-1-A (Single Family Residential) District to CF (Community Facilities) District to accommodate the expansion of the Tennis Center. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No.48-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL DISTRICT IN THE CF (COMMU- NITY FACILITIES) DISTRICT; SAID LAND BEING THE SOUTH 52 FEET OF LOT 14 AND ALL OF LOT 15, BLOCK 43, TOWN OF DELRAY, LOCATED ON THE WEST SIDE OF N.W. 2ND AVENUE, APPROXIMATELY 400 FEET SOUTH OF MARTIN LUTHER KING, JR. DRIVE (N.W. 2ND STREET), AS MORE PARTICULAR- LY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-99 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated that the item would be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, -9- 12/07/99 the admission of documents into the record and public testimo- ny. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the Planning and Zoning Board considered the rezoning at a public hearing on November 15, 1999 and voted unanimously to recommend that it be approved. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 48-99 on Second and FINAL Reading, 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. 10.B.1. CONDITIONAL USE MODIFICATION/TENNIS CENTER EXPANSION: Consider a request for conditional use modification to allow the expansion of the Municipal Tennis Center/Stadium (Phase IV.) QUASI-JUDICIAL PROCEEDING The City Attorney stated that the item would be con- ducted as a quasi-judicial proceeding which allows for presenta- tions by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated that the Planning and Zoning Board considered the request for conditional use modification at a public hearing on November 15, 1999. After discussion, the Board voted unanimously to recommend approval, based upon positive findings with respect to LDR Section 3.1.1 and Section 2.4.5(E) (5) (Conditional Use Findings) and policies of the Comprehensive Plan, subject to the following conditions: (1) That a site plan modification addressing all applicable Land Development Regulations be reviewed and approved by the Site Plan Review and Appearance Board; and (2) That hedges with a shade tree every twenty-five feet (25 ft.) be installed along the north and west property lines. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. -10- 12/07/99 Mr. Schmidt moved to approve the conditional use modification request for the Municipal Tennis Center, based upon the findings and subject to the conditions of approval recommend- ed by the Planning and Zoning Board. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearings. 11.A. City Manager's response to prior public comments and ~nqu~ries. The City Manager provided additional information with respect to the street lighting on Southridge Road. He noted that a formal request went to Florida Power & Light on July 14, 1999. At this time it is taking FP&L about nine (9} months to install street lights. The Southridge Road lighting is current- ly in the design phase, so installation is anticipated sometime around April 2000. In response to the inquiry from Mr. DesJean about McCleary Street, the City Manager reported that both he and the Director of Environmental Sciences looked at the roadway and agree with staff that it does not need a full resurfacing. However, there were two areas that had depressions in the street that need to be repaired and there was also a hole in the street. These things will be taken care of shortly if they have not already been remedied. In response to Mr. Williams' expressed concern about some of the roadwork on N.W. 3rd Street and some of the various avenues, the City Manager reported there have been some areas along this project where the pavement has settled. The project has not yet been finalized, the inspector is aware of the loca- tions of the settlements, and corrective measures are being taken to resolve the settlement. In response to the comment raised again about iow water pressure in this same area, the City Manager advised that he had sent out a memorandum on this issue to the City Commis- sion. The water mains are completed, but not all of the exist- ing water services have been transferred to the new main. There are about sixty (60) services on various projects that still need to be transferred. Various alternatives are being looked at to get a good price to reconnect these services. Those experiencing iow water pressure are still connected to the old 2-inch mains. It is hoped that all of the connections will be changed out by February 2000. -11- 12/07/99 In response to the question raised about the City not observing Veterans Day as a City holiday, the City Manager reported that Veterans Day was once a City holiday in Delray Beach. Sometime in the early 1980's (an exact date cannot be determined), the employees agreed to exchange Veterans Day for the Friday after Thanksgiving. The City Manager noted that all of the holidays are spelled out in the City's four union con- tracts and any changes in those would have to be negotiated with the various unions involved. ll.B. From the Public. 11.B.1. Irwin Rockoff, 743 N.W. 23rd Lane, asked for clarifica- tion as to the sequence of events now scheduled for the Worthing Place (Block 77) project and the proposed text amendment affect- ing the use of certain property in Block 69? The City Manager responded that this had not yet been determined. Staff will consult with the City Attorney and follow her advice as to how the items should be sequenced. 11.B.2. Virginia Snyder, 38 South Swinton Avenue, expressed her concern about what she feels is a health hazard in the community and that is the noise generated by music at City Limits restaurant in the downtown. When the noise is bad enough to prevent people from sleeping, Mrs. Snyder contended it is noise pollution. She stated that on one occasion she contacted the Police Department, but was told they could not do anything since a noise variance or a waiver to the noise ordinance had been granted to the facility before it ever opened. Mrs. Snyder felt that the granting of waivers or variances such as this are counterproductive to the welfare of the majority of citizens and is not done to alleviate hardships for the property owner. 11.B.3. Rosetta Rolle, 301 N.W. 3rd Avenue, asked if there are written guidelines for the City's Eduation Board and, if so, how could she get a copy of same? The City Manager stated that there are written guide- lines for the Education Board and Mrs. Rolle was welcome to obtain a copy of them from his office. 11.B.4. Commander Scott Schle¥, American Legion, Post 65, briefly commented that he had received a lot of complaints from City workers that they were not allowed to take the morning off at attend services at the cemetery and at Veterans Park on Veterans Day. 11.B.5. Alice Finst, 707 Place Tavant, complained that the Chambers' sound system is not working properly and that it is very difficult to hear the discussion in either the City Hall lobby or in the conference room. She felt it would be advanta- geous for the City to install a video system that would make it -12- 12/07/99 easy for everyone to see and hear what is going on in the Cham- bers. There being no additional public comments, the City Commission returned to Item 9.C. on the Regular Agenda. 9.C. REQUEST FOR WAIVER OF PERMIT FEE/AMERICAN LEGION POST 65: Consider a request from the American Legion, Milton Myers Post 65, to waive a building permit fee estimated at $2,500 in order to complete the improvements to the American Legion Post building located at 263 N.E. 5th Avenue. Jerry Sanzone, Chief Building Official, explained that the original contractor submitted plans and the required applica- tions for interior demolition and renovation of the American Legion Post 65 building, a designated historic site, in July 1997. The permit fee of $2,222.00 was paid and the permit was approved and issued with conditions in August 1997. The permit file was closed, effectively cancelling the permit, on August 12, 1998 after verifying that the first and only inspection for the project was done on August 29, 1997 and that all work on the building had been discontinued for at least six months. Command- er Scott Schley is now leading the completion of the renovation project. He acknowledges there were problems with the original contractor's work as well as major cost overruns. A new contrac- tor has been hired and will be submitting new plans and applica- tions to complete the project. The request is for waiver of the permit fee estimated at $2,500 inasmuch as the total fee was initially paid and to repay these fees would be a financial hardship to the American Legion Post. The staff recommendation is for approval of the request, primarily to allow the comple- tion of the renovation project and have the building put back into service. Mr. Schmidt moved to approve the request to waive the building permit fee for the American Legion Post 65 building, 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.D. PARKING LICENSE AGREEMENT/MARTINI'S ON ATLANTIC: Consider approval of a parking license agreement with Martini's on Atlantic for a six space valet parking queue on the south side of Atlantic Avenue, east of S.E. 1st Avenue. The Parking Management Advisory Board and staff recommend denial. Robert A. Barcinski, Assistant City Manager, stated that this request was considered by the Parking Management Advisory Board on October 26, 1999, and the board unanimously recommended denial. The primary reason for this recommendation was that the board did not want parking queues in front of every block on Atlantic Avenue. In January of 1999, the City Commis- sion established four (4) designated queue locations on Atlantic -13- 12/07/99 Avenue. The requested location is not one of the approved sites. The Parking Management Advisory Board felt that the applicant could use one of the sites just east or west of the requested location, and that the policy should be upheld. Mrs. Archer moved to DENY the request for a parking license agreement with Martini's on Atlantic as recommended by the Parking Management Advisory Board. 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 Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. REQUEST FOR LETTER OF SUPPORT/PINEAPPLE GROVE ARTWALK PROJECT: Consider a request from Pineapple Grove Main Street, Inc. for a letter in support of their appeal to the Palm Beach County Legislative Delegation for a $150,000 grant to help finance the Pineapple Grove Artwalk Project. Mrs. Archer moved to approve the letter of support for the Pineapple Grove Artwalk Project, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP, INC.: Consider approval of a consulting agreement with JCD Sports Group, Inc. in the amount of $18,000.00 for the period December 1, 1999 through November 30, 2000 (with two annual renewal options), with funding from 113-4210-575-31.90 (Tennis Center Special Events - Other Contractual Services). Robert A. Barcinski, Assistant City Manager, presented an overview of the proposed consulting agreement with JCD Sports Group for the period December 1, 1999 through November 30, 2000. The existing agreement with JCD Sports Group expired on November 30, 1999. The services provided by this agreement include attracting special events to the tennis stadium, manage- ment of the events, and identifying and assisting in obtaining additional revenue sources. Mr. Barcinski continued that two changes are proposed from last year's agreement. They are (1) an annual renewal clause for two (2) additional years subject to the City Manager's approval, and (2) a fee increase from $12,000 to $18,000. Mr. Wright requested clarification as to the distinc- tion between Mr. Dubin's management contract for the tennis center as opposed to the proposed consulting agreement with JCD Sports Group? In response, Brahm Dubin stated that his contract with the City through Dubin & Associates is for managing the day-to-day operations of the tennis center. The consulting agreement with JCD is for the work and hours involved with attracting events to the tennis stadium and is totally sepa- rate. JCD Sports Group's responsibility is to pursue special -14- 12/07/99 events to be held at the tennis facility, provide event manage- ment, and coordinate and facilitate these events. Mr. Wright asked that he be provided with a copy of the management contract with Dubin & Associates. Mr. Schmidt moved to approve the consulting agreement with JCD Sports Group, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - No; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 1 vote. 9.G. BONUS PAYMENT FOR FY 1999/BJCE, INC.: Consider approv- al of a bonus payment in the amount of $22,335 to BJCE, Inc. for FY 1999, with funding in the amount of $13,850 from 445-4711-572-34.90 (Municipal Golf Course/Other Contractual Services), $5,365 from 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Services), and $3,120 from 001-4124-572-34.90 (Tennis Center/Other Contractual Services). Robert A. Barcinski, Assistant City Manager, presented an overview of Mr. Dubin's request for a FY 1999 bonus payment in the amount of $22,335 (15% of the base fee for the golf and tennis operations) for accomplishing agreed upon goals and objectives. Based on the actual accomplishments versus project- ed, as well as additional projects Mr. Dubin has undertaken at the tennis center, Mr. Barcinski recommended a bonus payment in the amount of $21,000, with funding in the amount of $13,000 from 445-4711-572-34.90 (Municipal Golf Course/Other Contractual Services), $5,000 from 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Services), and $3,000 from 001-4124-572-34.90 (Tennis Center/Other Contractual Services). Mr. Randolph moved to approve a bonus payment to BJCE, Inc. for FY 1999 in the amount of $21,000 as recommended by staff. 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.H. PROPOSED POLICY CHANGES/TENNIS CENTER STADIUM USAGE FEES: Consider approval of proposed policy changes with regard to usage fees for non-profit civic groups to use the Tennis Center Stadium. Brahm Dubin stated that he has been in discussions with a local organization in an effort to attract them to the Tennis Center. He explained that the present policy for non- profit civic groups is to discount the stadium rental fee from $3,000 by 30% to $2,100. In addition, $500 is charged for utilities, $250 for trash removal, $300 for clean-up during the event and $500.00 for post-event clean-up, installation and removal of the stage and floor at $2,500, and a City Electrician at $250.00. There is also a facility fee on every ticket sold. -i5- 12/07/99 Only the rent portion is discounted. The interested organiza- tion suggested that since theirs would be a new event, perhaps the City would consider helping out by waiving the rent. In an effort to give himself a little more latitude when trying to attract events, Mr. Dubin developed the proposed policy changes that would help him in negotiating arrangements. Mr. Dubin stated that the amended policy would allow him to consider waiving the rental fee of $3,000 if the organiza- tion is a non-profit or civic group that is located within the City limits and makes a multi-year commitment. The facility fee would then be increased by $0.75 per ticket in an effort to recoup the rental fee. If 2,800 tickets are sold for an event the City gets back the rental fee. He felt that it might be appropriate in instances where all of the qualifications are met for the City to share in the risk to a certain extent when it fits the City's long-term goals of bringing certain types of events to the Tennis Center. He asked that he be granted the latitude to negotiate along this line with prospective groups that might be interested in using the Tennis Center for an event. Discussion by the Commission followed. Some concern was expressed about the ability of smaller non-profit groups to attract enough people to an event so that the City would recoup the rental fee. Mr. Schmidt commented that he would be willing to give the proposal a try to see if it works because it hopefully will give the City more of an opportunity to get some more use of the stadium by non-profit groups if the option is available. It may or may not work, but it can always be reevaluated at a later date° Mr. Dubin clarified that his intent was to allow this as an option only for first-time events that are trying to get off the ground. It could serve as an incentive to bring events into the tennis center, but the organizations would have to meet the criteria and it would be only for the first year. Mr. Schmidt moved to approve the proposed policy change for non-profit civic groups to use the tennis stadium for a term of one year, with it to be reevaluated by the City Commis- sion at the end of one year. The motion was 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 - No. Said motion passed with a 4 to 1 vote. 9.I. SUMMARY OF T~E PROPOSED ROADWAY IMPROVEMENT BOND PROGRAM: Consider approval of the proposed roadway improvement bond program, together with approval of revised Stormwater and Water and Sewer capital programs. Richard Hasko, Director of Environmental Services, presented an overview of the proposed Roadway Bond Program. For -16- 12/07/99 purposes of this project, the City was broken down into four quadrants by Atlantic Avenue separating north from south and Congress Avenue separating east from west. The bond program projects and associated costs are outlined by quadrant in Exhib- it I of the background documentation. The program costs are projected to total $12,273,738 and are categorized as follows: $7,269,020 for roadway improvements; $1,536,833 for potable water improvements; $749,984 for wastewater improvements; and $2,717,901 for drainage. From an administrative standpoint, the program will be implemented in eight (8) projects which are defined as follows: * Resurfacing/Swale Reconstruction project (citywide) ........... $ 845,040 * Barrier Island Projects ......... $1,742,231 1-95 to Intracoastal * Lake Ida Road to North City Limits $1,208,201 * Atlantic Avenue to Lake Ida Road .... $2,404,093 * Atlantic Avenue to South 10th Street $1,692,251 * South 10th St. to South City Limits $2,110,329 West of 1-95 * Congress Avenue to 1-95 ......... $1,159,000 * Congress Avenue West .......... $ 792,920 Mr. Hasko noted that a complete project listing with costs for each of the eight project areas was provided in the background documentation as Exhibit II. As far as funding for the program, it is anticipated that initial funds will be available about February 1, 2000. Roughly $2.3 Million will be required for the resurfacing/swale reconstruction project and engineering for the balance of the projects. On or about June 1, 2000, staff will be looking to encumber all of the funding required for the construction con- tracts for all of the projects (roughly $6.4 Million) except the two between Lake Ida Road on the north and S.W. 10th Street on the south, 1-95 to the Intracoastal Waterway. This area is expected to be affected most significantly by design parameters and requirements which will be presented in the Master Drainage Plan update currently being prepared by Kimley-Horn. The design and construction of these two projects will be delayed to allow for completion of the drainage report update so that its recom- mendations can be incorporated into the project engineering designs. Funding in the amount of $3.4 Million will be required -17- 12/07/99 about October 1, 2000 for construction contracts for these projects. Bonding in the amount of $7,269,020 is proposed to provide funding for roadway elements of the program. Approxi- mately $1,770,000 will be borrowed to meet current fiscal year funding requirements for stormwater related improvements with debt service funding available in subsequent years as shown on Exhibit V of the background documentation. Projects currently programmed in the Water & Sewer Fund will be accelerated as shown on Exhibit VII of the background documentation which will provide funding for utility related costs of the program from current revenues. The City Manager stated that the action requested of the City Commission at this point is to approve the changes to the Stormwater capital program as shown on Exhibit V of the background documentation and the changes to the Water and Sewer capital program as shown on Exhibit VII of the background docu- mentation. Mr. Schmidt so moved, 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.J. AWARD OF PURCHASE ORDER/MAN CON, INC. (EMERGENCY MANHOLE REPLACEMENT): Consider approval of the award of an emergency purchase order in the amount of $29,900.00 to Man Con, Inc., second low quote, for the emergency replacement of a sanitary manhole at the north end of Miami Boulevard, with funding from 442-5178-536-63.93 (Southeast Interceptor). Richard Hasko, Director of Environmental Services, explained that a manhole in the southeast interceptor line on Miami Boulevard failed about a week ago. Funds were allocated in the current year budget to deal with the deteriorated man- holes in the 24-inch line in Miami Boulevard, but the work had not yet commenced. The current situation is that there is a serious undermining of the street around the manhole and it is recommended that an emergency purchase order be awarded to the second low quote from Man Con, Inc. because the contractor with the low quote cannot mobilize and get to the site until after the New Year. In view of the safety hazard, staff felt the situation could not wait that long. Mrs. Archer moved to approve the purchase order award in the amount of $29,900 to Man Con, Inc. for emergency manhole replacement on Miami Boulevard. The motion was seconded by Mr. Schmidt. 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.K. BID AWARD TO ENVIRODYNE LABORATORY INC. (ANNUAL CON- TRACT FOR SUPPLEMENTAL LABORATORY ANALYSIS): Consider approval of a bid award in the estimated annual amount of $10,000.00 to Envirodyne Laboratory, Inc. as the lowest responsive, responsi- ble bidder (third iow bid) to provide supplemental laboratory analysis for water and wastewater, with funding from 441-5124-536-34.90 (Environmental Compliance - Other Contractual Services). Richard Hasko, Director of Environmental Services, explained that the recommendation to award to the third iow bidder was based on the fact that the first iow bidder did not meet the specifications of the bid for a laboratory located within thirty miles, nor are their facilities adequately staffed and equipped to handle the detailed requirements for sampling. The second iow bidder had been used by the City in the past and their performance was less than satisfactory with their response time often exceeding bid requirements. The third iow bid, Envirodyne Laboratory, has been the City's vendor for the past three years and their service and quality of work has always been satisfactory. Hence, the recommendation to award to Enviro- dyne as the lowest responsive, responsible bidder. Mr. Schmidt moved to approve the bid award to Envirody- ne Laboratory, Inc., as the lowest responsive, responsible bidder, at an estimated annual cost of $10,000.00. 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.L. SETTLEMENT OFFER/GODBEE & LASTER V. CITY: Consider an offer of settlement in the referenced matter. The City Attorney stated that the Plaintiffs, subse- quent to the settlement offer that was rejected by the City Commission on October 19, 1999, have made a combined offer of $48,500, inclusive of fees and costs, to settle the matter. In light of the medical bills expended, Ms. Ruby recommended that the settlement offer be approved. Mr. Schmidt moved to approve the settlement offer in the amount of $48,500. The motion was seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENT TO MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM BOARD OF DIRECTORS: Appoint a primary member and a backup member to the Municipal Public Safety Communications Consortium (MPSCC) Board of Directors. The City Manager explained that this is the countywide consortium that has been established to look at the possibility -19- 12/07/99 of creating a countywide 800 megahurtz communication system for all police and fire public safety units. The recommendation is that he be appointed as the primary member to the MPSCC Board of Directors, with Police Chief Richard Overman as the alternate. Upon question from Mayor Alperin, the City Manager clarified that the South County Cooperative (Boca Raton, Delray Beach and Boynton Beach) is moving forward with its efforts for the 800 megahurtz radio system. There are two other groups working on a system which will include the rest of the county, hopefully in one big system eventually. What is being discussed at this point is that Boca/Delray/Boynton is the south county hub, West Palm Beach has a central hub already, and they want to create a north hub which is in the very early stages and a west hub out on Lake Okeechobee which has not even begun yet. All of that would be tied together in one system so that eventually a law enforcement officer or firefighter could go anywhere in the county and communicate with any other public safety entity within the county that the situation might call for. That is the vision, but whether it takes the MPSCC form or not remains to be seen. No one knows costs yet. The consortium is supposed to develop costs and once we see what those are, the City can decide whether it wants to continue with the MPSCC or not. While he has doubts about whether it will be cost effective to do what the consortium is proposing, the City Manager felt it important for Delray Beach to be involved because the county is going to make available to the cities $12.50 per traffic ticket that is collected that is supposed to go toward a radio system, and that may be funneled through the MPSCC. Mr. Randolph moved to appoint the City Manager as the City's primary member on the Municipal Public Safety Communica- tions Consortium Board of Directors, with Police Chief Richard Overman as the alternate member. 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.N. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a regular member to the Delray Beach Housing Authority to fill an unexpired term ending March 6, 2002. The appointment will be made by Commissioner Schmidt (Seat #1). Mr. Schmidt moved to appoint Doris Long-Sohn to the Delray Beach Housing Authority as a regular member to fill an unexpired term ending March 6, 2002. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.0. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a member to the Downtown Development Authority to fill -20- 12/07/99 an unexpired term ending July 1, 2000. The appointment will be made by Mayor Alperin (Seat #5). Mayor Alperin stated that he wished to appoint Robert W. Griek to the Downtown Development Authority to fill an unex- pired term ending July 1, 2000. Mr. Schmidt so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.P. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular member to the Education Board to fill an unexpired term ending July 31, 2001. The appointment will be made by Mayor Alperin (Seat #5). Mayor Alperin stated that he wished to appoint Lynda S. Hunter to the Education Board as a regular member to fill an unexpired term ending July 31, 2001. Mr. Randolph so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.Q. REQUEST FOR SUPPORT FOR NEW PUBLIC LIBRARY SITE: Consider a request from the Delray Beach Public Library Board for a statement of support for the placement of a new library at the site located on the south side of West Atlantic Avenue, directly opposite the Tennis Center and east of the County Courthouse. Daniel Murtaugh, President of the Board of Directors of the Delray Beach Public Library, asked for the City Commis- sion's conceptual support for the Library's move to the site on the south side of West Atlantic Avenue, directly opposite the Tennis Center and east of the County Courthouse. The present library facility is inadequate to support a first class collec- tion for a city the size of Delray Beach, and it is not practi- cal to consider expansion at the current location. In June of 1999, the Board sponsored a design charrette that examined six possible sites for a new library. The charrette, participated in by over 150 Delray residents, recommended the site on West Atlantic Avenue as the one that would best meet the library's needs. It is centrally located, would contribute to the redevel- opment of the West Atlantic Avenue corridor, and is feasible from a financial standpoint. Mayor Alperin noted that the staff recommendation was to give conceptual approval to the proposed location, subject to certain considerations. The first being that the City fully supports the expansion of the South County Courthouse and would not support any development scheme for the library on the pro- -21- 12/07/99 posed site that would interfere with courthouse expansion. Second, the Library does not own any of the proposed site and the CRA may need to sell the property in order to have adequate funds available for other CRA projects. Furthermore, the CRA has certain legal requirements which would have to be met regard- ing how it disposes of property. Lastly, since the relocation of the Pineapple Grove Publix is going forward and the Post Office is also planning to relocate, the Library Board should also consider that site on N.E. 2nd Avenue as a potential loca- tion. Jack Callahan, representing the Library, commented that the Pineapple Grove site was considered and there were some preliminary discussions with the owner. The price quoted for the land alone was in the neighborhood of $4 to $6 million which is nearly 70% of what the Library Board thinks the entire project will cost, so that site was basically set aside. There has also been some discussion with the County Commission in terms of the courthouse expansion, and it seems to be the feel- ing that the Library would not be a conflicting use of that site since the County would primarily use it for parking. It is felt that some sort of a shared parking arrangement could be worked out if necessary. As for the CRA issues, Mr. Callahan stated these would have to be worked out as well. One of the reasons for requesting the Commission's conceptual approval is so the Board can then attempt to work on negotiations with the Communi- ty Redevelopment Agency. Discussion by the Commission followed. On question from Mr. Randolph, Mr. Callahan stated the proposed site contains a little over three acres which is just adequate for a two-story building. Of the six sites that were looked at, it is the largest one available. Mr. Murtaugh fur- ther commented that a parking garage would not immediately be required which would help to keep the project cost down. He felt that over time a parking garage would become necessary and he would hope that a cost-sharing arrangement could be worked out with the County Courthouse. The City Manager stated that the City's position is that we want to see the Courthouse expand. If it does expand the parking will be needed and then we would immediately have to have a garage. Mr. Callahan stated that if the Courthouse does not immediately expand, there would be enough surface parking within the proposed site to meet the Library's needs. However, if the Courthouse does expand there would certainly need to be a park- ing structure. On question from Mrs. Archer, Mr. Murtaugh stated this has been discussed with the County Commissioners and favorable -22- 12/07/99 responses in support of the proposed location have been received from them. Upon further discussion, it was felt it would be desirable to get some sort of agreement from the County that they would be amenable to the Library locating on this site. In addition, the Commission made it clear that they do not want to hold up the expansion of the Courthouse for any reason. Concep- tually the proposed location is a good idea, but the details need to be worked out before any definite commitment is made by the City Commission. Mrs. Archer moved to approve in concept the placement of a new library facility on the West Atlantic Avenue site, with the understanding that this does not constitute tacit approval of that particular site but rather approval of pursuit of the concept. 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. 12. FIRST READINGS: None 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager announced that State Senator Mandy Dawson will be having a town hall meeting for South Palm Beach County residents on Wednesday, December 15, 1999, from 7:00 to 9:00 p.m., at Pompey Park Auditorium, 1101 N.W. 2nd Street, Delray Beach. The City Manager advised that there are no public hearing items and no first readings scheduled for the December 14th regular meeting. Other than the public comments portion of the agenda, there is nothing that would have to be done at 7:00 p.m. or later. The agenda is fairly light, so it should be a short meeting. The City Manager then read the following thank you note he received from Mrs. Tressie Washington: "Dear Mr. Harden, A note of heartfelt thanks to you for helping to lighten the stress of my having to move from my home of 36 years. Without sincere support, it could have been a much more traumatic experi- ence. I am slowly settling in to my new home, enjoying the quiet community and finding my health improving. Thanks again for everything. Sincerely, Tressie Washington." The City Manager commented that Lula Butler and her staff worked very closely with Mrs. Washington, and he is very proud of the out- come. 13.B. City Attorney. -23- 12/07/99 The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Sc~idt had no comments or inquiries. 13.C.2. Commissioner Archer commented that she recently had an opportunity to work with Lula Butler and it was an absolute pleasure to work with her. 13.C.3. Commissioner Wright had no comments or inquiries. 13.C.4. Commissioner RandolDh had no comments or inquiries. 13.C.5. Mayor Alperln had no comments or inquiries. There being no further business, Mayor Alperin de- clared the meeting adjourned at 9:00 p.m. ' '-~y ~lerk ' 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 December 7, 1999, which minutes wer~ formally approved and adopted by the City Commis- sion on / 'City C~rk 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. -24- 12/07/99