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09-22-98 SEPTEMBER 22, 1998 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, September 22, 1998. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt 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 Richard Evans, Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Aqenda Approval. The City Attorney noted that a substitute agreement has been provided with respect to Item 10.D.i., Amendment No. 5 to BFI Contract. Mr. Egan moved to approve the agenda with the amendment noted for Item 10.D.i., seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. Approval of Minutes: None 6. Proclamations: 6.A. OF NOTE: Recoqnizinq the 20th Anniversary of the Habilitation Center for the Handicapped - October 1998 Mayor Alperin presented a proclamation in recognition of the 20th Anniversary of the Habilitation Center for the Handicapped which will occur in October, 1998. 7. Presentations: None 8. CONSENT AGENDA: City Manager recommends approval. 8.A. RESOLUTION NO. 59-98: Approve a resolution requesting Palm Beach County to ask the Florida Department of Environmental Protection, Florida Marine Patrol, to conduct a study to deter- mine if new or additional speed restrictions are warranted along the Intracoastal Waterway in the area immediately north of the Linton Boulevard bridge and extending southward to the C-15 Canal. The caption of Resolution No. 59-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, REQUEST THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO CONDUCT A STUDY TO DETERMINE IF NEW OR ADDITIONAL SPEED RESTRICTIONS ARE WARRANTED ALONG THE INTRACOASTAL WATERWAY IN THE AREA IMMEDIATELY NORTH OF THE LINTON BOULEVARD BRIDGE IN THE CITY OF DELRAY BEACH AND EXTENDING SOUTH TO THE CITY LIMITS AT THE C-15 CANAL; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 59-98 is on file in the City Clerk's office.) 8.B. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $58,500.00 for three (3) income eligible applicants under the Delray Beach Renaissance Program, with funding in the amount of $31,000.00 from 118-1924-554-83.01 (SHIP) and $27,500.00 from 118-1923- 554-83.01 (HOME). 8.C. LANDSCAPE MAINTENANCE AGREEMENT/HOUSE OF GOD CHURCH: Approve a landscape maintenance agreement with the House of God Church located at the southwest corner of N.Wo 3rd Avenue and N.W. 1st Street, wherein the Church shall be allowed to install landscaping material in the north/south alley right-of-way in exchange for landscape maintenance by the Church and removal of the landscaping if at any time the alley is needed by the City for any public purpose. 8.D. AMENDMENT #2 TO CENTER BASED CHILD CARE AGREEMENT WITH SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve Amendment 02 to the Center Based Child Care Agreement with the School District of Palm Beach County which adds language regarding accreditation criteria, classical music and reading requirements, and increases the Job Training Partnership Act (JTPA) rates to equal the Subsidized Child Care rates. 8.E. REMOVED -2- 09/22/98 8.F. CHANGE ORDER #i/AKERBLOM CONTRACTING, INC. (AQUIFER STORAGE ~ RECOVERY FACILITY): Approve Change Order #1 in the amount of $66,375.10 to Akerblom Contracting, Inc. for the Aquifer Storage and Recovery Facility project, with funding from 441-5181-536-69.18 (W&S Transmission Aquifer Storage and Recovery). 8.G. REVISED ACCESS EASEMENT AGREEMENT/OCEAN PROPERTIES: Approve a revised access easement agreement between the City and Ocean Properties, Ltd. with respect to the public parking lot on the north side of the Delray Beach Marriott. 8.H. REMOVED 8.I. RESOLUTION NO. 60-98: Approve a resolution assessing costs for abatement action required to remove junked and/or abandoned vehicles from four properties in the City. The caption of Resolution No. 60-98 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ON 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 OF LIEN. (The official copy of Resolution No. 60-98 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 September 14th through September 18, 1998. 8.K. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $211,890.00 to Regal Contractors, Inc. for the construction and instal- lation of improvements at the Leon M. Weekes Environmental Preserve, with funding from 117-4169-572-63.40 (Recreation Impact Fee - Leon Weekes Scrub Park). Mr. Randolph moved to approve the Consent Agenda, seconded by Mr. Ellingsworth. Upon roll call the Commission -3- 09/22/98 voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. TEMPORARY PARKING LOT/PINEAPPLE TOWN: Consider a request to establish a temporary parking lot within the Central Business District at the southeast corner of Pineapple Grove Way and N.E. 2nd Street associated with a commercial development known as Pineapple Town. Diane Dominguez, Director of Planning and Zoning, explained that the City Commission adopted regulations earlier this year to allow temporary parking lots in certain portions of the Central Business District (CBD) as a means to help alleviate some of the parking problems. The subject proposal would estab- lish a six (6) space temporary lot as part of the redevelopment of the existing buildings at the southeast corner of N.E. 2nd Street and NoE. 2nd Avenue in the Pineapple Grove area. Origi- nally, the applicants were proposing to construct an addition and build a parking lot at the back of the site. This concept was abandoned, at least for now, because even with the parking in the back they could not meet the requirements for on-site parking. One of the uses proposed to locate on the redeveloped site is a restaurant which requires more parking than straight commercial usage. Under the current proposal, including the restaurant, the applicant will meet the parking requirements with the permanent parking lot which is five spaces, but also wants to add the temporary parking lot for the time being to accommodate overflow parking. Ms. Dominguez stated the request was reviewed by both the Pineapple Grove Main Street Design Committee and the Pineap- ple Grove Main Street Executive Committee. They were not sup- portive of it because it is not consistent with the Pineapple Grove Neighborhood Plan and what they are looking for for the area as far as buildings up close to the sidewalks and not having parking lots adjacent to the pedestrian ways. Staff, however, feels this is a temporary situation. The parking lot cannot exist for more than 3 years, provided yearly permit renewals are granted by the Parking Management Advisory Board. The temporary lot will supplement the parking deficiency in this area which could determine if the restaurant will succeed. At this point it is important for the businesses to be established to continue the revitalization that is occurring within the Pineapple Grove area. In addition, the Site Plan Review and Appearance Board recommend- ed approval as did the Community Redevelopment Agency and the Parking Management Advisory Board. The Downtown Development Authority also reviewed the development proposal and recommended approval with the condition that a landscape plan be submitted which shows the installation of the landscaping once the tempo- rary parking lot is removed. Mr. Ellingsworth moved to approve the temporary 6-space parking lot for Pineapple Town for one year, subject to the provisions of LDR Section 2.4.6{H). The motion was seconded by Mr. Egan. Prior to roll call, Mr. Schmidt expressed a concern about back-out parking onto N.E. 2nd Street. In response, Ms. Dominguez noted that originally an 8-space lot was proposed which probably would have involved backing out onto the street; howev- er, this was amended after the initial review to a 6-space temporary lot with a turnaround area. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - No; Mr. Egan - Yes. Said motion passed with a 4 to 1 vote. 9.B. CRA REPAYMENT OF CITY CONTRIBUTIONS TO PINEAPPLE GROVE MAIN STREET: Review the Community Redevelopment Agency's pro- jected payback of $90,000 advanced by the City for Pineapple Grove Main Street and provide direction concerning asking the CRA Board about the possibility of the CRA assuming future obliga- tions of repayment for additional City contributions to Pineapple Grove Main Street. The City Manager stated that during one of the budget workshops, the Commission asked about the progress made by the CRA in repaying the City for the $90,000 advanced to Pineapple Grove Main Street. It was also suggested we look into the possibility of the CRA repaying the additional amount that is in the budget this year for Pineapple Grove Main Street ($30,000). The correspondence from Mr. Brown, CRA Executive Director, provides a report on the status of the $90,000 repayment which is projected to be complete by the year 2003. In addition, Mr. Brown's letter outlines the objections to a further guarantee in light of some of the other obligations the CRA has taken on. The City Manager asked for direction from the Commission about whether to pursue this matter with the CRA Board. Mr. Egan stated he felt it was appropriate to ask the CRA to repay the money advanced by the City for the first three years, but with what Pineapple Grove has done and continues to try to do, if the City wants the program to move forward then the City should show support with its own contribution. Further, the CRA has agreed to help with the Old School Square debt. Mr. Egan stated he is not in favor of asking the CRA to repay the City's contribution over and above the initial $90,000 start-up money. He felt the $30,000 contribution this year should be looked at as the City's investment in what will eventually be returned over- all. Mr. Egan moved to not pursue the matter with the CRA Board, seconded by Mr. Ellingsworth. -5- 09/22/98 Prior to roll call, Mayor Alperin stated his biggest concern is that the Commission was originally led to believe there was a good chance that Pineapple Grove Main Street would be close to operating independently by this time. He was willing to extend the funding but with some assurance that the City would get the money back somewhere along the line. In looking at the plans for Pineapple Grove over the next five years, there are going to be a lot of expenses associated with the redevelopment and in all likelihood the City will be asked to contribute a considerable amount of money to this effort. Mayor Alperin felt that if the CRA was responsible for guaranteeing repayment of the up front money, there would be more of an incentive for them to work with the Pineapple Grove people to make sure they end up more independent. At this point the roll was called to the motion. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 9.C. CF~kNGE ORDER #I/DAVID BROOKS ENTERPRISES, INC. (LAKE- VIEW GOLF COURSE CLUBHOUSE): Consider approval of Change Order #1 in the amount of $26,820.00 and a time extension of 25 calen- dar days to David Brooks Enterprises, Inc. for construction of the Lakeview Golf Course Clubhouse, with funding from 446-4761-572-62.10 (Lakeview Golf Course - Clubhouse Renovation). Howard Wight, Deputy Director of Construction, reviewed the various items included in the change order. The revisions fall into three categories (owner requested revisions, archi- tect/engineer design revisions, and unforeseen conditions), and represent all of the changes anticipated for this project. The time extension will have minimal impact on keeping with the scheduled opening of the clubhouse by Thanksgiving. The addi- tional 25 calendar days will bring the final completion date to November 16, 1998. After discussion, Mr. Egan moved to approve Change Order #1 in the amount of $26,820.00 and a time extension of 25 calendar days with David Brooks Enterprises, Inc. for the Lake- view Golf Course Clubhouse project, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. CLAIM OF MAURY IVY/SETTLEMENT DEMAND AND APPOINTMENT OF OUTSIDE COUNSEL: Consider a settlement demand and appointment of outside counsel in the referenced matter as recommended by the City Attorney. The City Attorney stated her office received a settle- ment demand in the referenced claim in the amount of $250,000.00. -6- 09/22/98 She strongly recommended that the settlement demand be rejected by the City Commission. In addition, authorization is requested to appoint outside counsel to represent the City in this case as well as the appointment of outside counsel for the former officer if that is deemed appropriate under the law. Mr. Randolph moved to reject the settlement demand and authorize the appointment of outside counsel in the referenced matter as recommended by the City Attorney. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a resident member to the Delray Beach Housing Authority for a four year term ending July 14, 2002. The appointment will be made by Commissioner Egan. Mr. Egan moved to appoint Raymond Orr to the Delray Beach Housing Authority as a resident member for a four year term ending July 14, 2002. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint a regular member to the Board of Adjustment to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Schmidt. Mr. Schmidt moved to appoint Gregory Young to the Board of Adjustment to fill an unexpired term ending August 31, 2000. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11 on the agenda. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearings. ll.A. City Manaqer's response to prior public comments and inquiries. In response to the inquiry about the paint colors for the Rectory building at 14 South Swinton Avenue, the City Manager stated the Historic Preservation Board approved the paint colors on July 1, 1998, based on the following criteria: Paint colors are reversible and the building can be repainted; demolition by neglect is not. Due to neglect and lack of proper maintenance, the Rectory had serious structural and mechanical defects. The 7 09/22/98 owner has diligently rehabilitated the building while retaining its original architectural features. The paint colors do not obscure the defining architectural elements of the building. It will become part of the Rectory Square complex which will include a 3-story mixed use building to be constructed on the vacant lot at the southwest corner of Swinton Avenue and Atlantic Avenue. The new construction will take its architecturally stylistic elements from the Rectory, but will be larger and with propor- tionately greater massing. The main color of the new building will be yellow and will have the same copper roof and blue and green trim as the Rectory. Walkways, parking and similar archi- tectural styles will unite both buildings. The site will be heavily landscaped. The Rectory Square complex is in a portion of the Old School Square Historic District that is zoned Central Business District. The Historic Preservation Board considered the commercial zoning and felt it was appropriate to allow more vibrant color schemes than would be approved in an area that is characteristically residential. In response to comments made by Mr. Powell concerning liens on some lots that he owns, the City Manager stated that Mr. Powell cited F.S. Sections 162.09 and 162.10 for the basis that the City could not add administrative fees to the amount billed by the City for the cost of abating a nuisance. In 1994, F.S. Section 162.07 was amended to provide that if a municipality prevails in prosecuting the case then it would be entitled to the costs incurred in bringing the case before the Code Enforcement Board. The City was not entitled to charge for its costs in prosecuting a case prior to May 29, 1994, the effective date of the amendment to F.S. Section 162.07. However, Chapter 162 concerns liens placed on a property through the code enforcement process and not through the nuisance abatement process. There- fore, Chapter 162 does not apply to the City's nuisance abatement liens. The City Attorney believes the City has derived its power to place nuisance abatement liens on property under Chapter 25-786, Laws of Florida, Special Act of 1949, which places nuisance abatement liens on a par with general City taxes. This section of Chapter 25-786 was incorporated in our Code of Ordi- nances under Section 100.27 which retains the priority of nui- sance abatement liens as special assessments. Mr. Powell also claims that the sale of the property by tax deed voids the City's nuisance abatement liens. Florida Statutes Section 197.552 provides that liens held by a municipality that are not satisfied with the disbursement proceeds of the sale survive the issuance of a tax deed. Therefore, it is the City Attorney's position the nuisance abatement liens in question are valid. In response to the request that the City install flashing lights on the school zone signs on S.W. 10th Avenue, the City Manager reported that the County has been contacted concern- ing this matter and they indicated it would take approximately ninety (90) days to design and construct flashing lights at no cost to the City. -8- 09/22/98 Also, at a previous meeting attention was called to House Bills 3501 and 3497. The City Manager stated that House Bill 3501 creates the Florida Small Business Technology Growth Program to be administered by the Technology Development Board of Enterprise Florida. A separate small business technology growth account is established by the board within the Florida Technology Research Investment Fund for the purpose of funding the provi- sions of the bill. The program provides financial assistance to businesses in Florida having a high job growth and emerging technology potential and fewer than 100 employees. Awards are to be finalized at the meetings of the Technology Development Board and subject to the policies of Enterprise Florida, Inc. The bill enumerates the responsibilities and powers of the Board to leverage at least $1.00 of matching investment for each dollar awarded for the program, to give the highest priority to moderate and high risk ventures that offer the greatest opportunity for compelling economic impact, and establish for each award a risk/reward timetable that profiles the risk of the assistance, estimates the potential economic development impact and estab- lishes a timetable for reviewing the success or failure of the assistance. The City Manager stated he has sent information about this program to the Community Redevelopment Agency and they are aware of it. The City has very few businesses that we are aware of that would fall into this kind of technology area that would qualify, but if one is identified at least we are aware of the program. Concerning House Bill 3497, the City Manager stated this is the bill that will clearly state in the law now that municipalities have the same authority as counties to expend public funds to attract and retain business enterprises. ll.B. From the Public. There were no public comments or inquiries. 12. FIRST READINGS: 12.A. ORDINANCE NO. 38-98: An ordinance amending Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", of the City Code by amending Subsection 113.20(A), "Definitions", to provide an amended definition for "Alcoholic Beverage Establishment" If passed, a public hearing will be scheduled for October 6, 1998. The City Manager presented Ordinance No. 38-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES", SECTION 113.20, "PROHIBITION OF 9 09/z2/98 NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS" SUBSEC- TION 113.20 (A) , "DEFINITIONS" BY AMENDING , SUBSECTION 113.20 (A) (1) , "ALCOHOLIC BEVERAGE ESTABLISHMENT" TO PROVIDE AN AMENDED DEFINI- TION THEREOF THAT IS DIRECTED TO COMMERCIAL AND BUSINESS ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES, BEER OR WINE IS AVAILABLE TO BE, OR IS ACTUALLY SOLD, DISPENSED, SERVED, CONSUMED, PROVIDED, POSSESSED OR OFFERED FOR SALE OR CONSUMPTION ON THE PREMISES; PROVID- ING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 38-98 on FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. At this time, the time being 6:30 p.m., it was the consensus of the City Commission to discuss Item 10.D.1., "Amend- ment No. 5 to BFI Contract", inasmuch as this item does not require a public hearing. Joe Safford, Finance Director, stated Amendment No. 5 to the BFI contract incorporates the changes previously discussed by the City Commission where BFI will now provide residential collection service on New Year's Day, a new clamshell truck and driver will be added which will be permanently assigned to the Code Enforcement division, as well as certain language changes to clarify the definition of multiple dwelling units. In addition, the contract is being amended to provide that rolloff electric compactors and rolloff containers, regardless of size or capaci- ty, that are used for the collection of garbage and trash for commercial activities are included under the terms of the fran- chise agreement. The New Year's Day pickup will cost an addi- tional $.07 per month per residential unit, and $.46 per month for the extra clamshell truck service. The City Commission had no questions on Amendment #5 to the BFI contract. The City Attorney stated that the vote on this item should be taken after consideration of Ordinance No. 33-98 which is scheduled for a public hearing later this evening. At this point the Commission moved to Item 13 on the agenda. 13. Comments and Inquiries on Non-Aqenda Items. -10- 09/22/98 13.A. City Manaqer. The City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt had no comments or inquiries. 13.C.2. Commissioner Eqan commented that his neighborhood has bulk trash pickup on Mondays, but the bulk trash was not picked up yesterday (September 21st) . There are quite a few piles out and with the storm coming, he felt it important to get BFI crews out to service the neighborhood. He noted, however, that overall BFI's service has been very good. In addition, Mr. Egan reminded everyone that if the CRA holds its meeting on Thursday night (September 24th), three proposals will be made for the parcel on S.E. 2nd Avenue and he felt it would be important for the Commission to attend and hear what is being considered. In all likelihood, however, he felt the meeting might be cancelled if Hurricane Georges stays on track. 13.C.3. Commissioner Ellinqsworth asked the City Manager to have the City Horticulturist look into the possibility of doing some native planting to replace some of the pine trees that have been lost at the Weekes Environmental Preserve due to the burn so that the site can be brought back to what was originally planned. 13.C.4. Commissioner Randolph commented that the landscaping of the 1-95 barrier wall along Lincoln Lane is doing well and the residents are basically happy with it, but in the area south of it there is none. He asked if there are any plans to do some- thing about this situation because he has gotten inquiries from residents in the area. 13.C.5. Mayor Alperin had no comments or inquiries. At this point, the time being 6:40 p.m., Mayor Alperin declared a recess until 7:00 p.m. for the public hearings. Mayor Alperin reconvened the meeting at 7:00 p.m. for the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 61-98: A resolution 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 1999. Prior to consideration of -11- 09/22/98 passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 61-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERA- TION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTED- NESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 61-98 is on file in the City Clerk's office.) The City Attorney stated that Resolution No. 61-98 levies a tax on all properties in the City of Delray Beach for PY 1999 as follows: 6.91 mills for operation and maintenance of the General Fund, and 0.79 mills for the payment of principal and interest on bonded indebtedness, for a total millage rate of 7.70 mills. The millage rate of 7.70 mills is one-tenth of a mill less than FY 1998. The rolled back rate calculated under the TRIM law for operating purposes is 6.61 mills. The millage rate is 4.54% 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 opened the public hearing. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth moved to approve Resolution No. 61-98, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 62-98: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 1999. 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. 62-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVEL- OPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND -12- 09/22/98 OPERATION, AND TO APPROPRIATE SAID COLLEC- TIONS THEREUNDER. (The official copy of Resolution No. 62-98 is on file in the City Clerk's office.) The City Attorney stated that Resolution No. 62-98 levies a tax in the amount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 1999. This millage exceeds the 0.85 rolled back rate calculated under the TRIM law by 17.65%. 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 opened the public hearing. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Randolph moved to approve Resolution No. 62-98, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Alperin Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 63-98: A resolution making appropria- tions of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 1998 through September 30, 1999. 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. 63-98: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPRO- PRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1998, TO THE 30TH DAY OF SEPTEMBER, 1999; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; 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. 63-98 is on file in the City Clerk's office.) 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. o9/22/98 Mayor Alperin opened the public hearing. Alice Finst, 707 Place Tavant, expressed concern about the funds shown for two projects in the Capital Improvement Plan. The first is the roller blade/skateboard park which appears to be scheduled for 1999 at a cost of $30,000 for design and then another $350,000 the following year for construction. The second is the Boy Scout Hut ballfield improvements project which appears to have $25,000 allocated in the first year for design and then the next year it goes up to $400,000. Mrs. Finst questioned the need to spend such large amounts of money on these projects and felt it would give the designers carte blanche to spend a lot of money unnecessarily if they know that much has been allocated. In response, Mayor Alperin noted that these figures are merely estimates at this point. When staff gets to the actual planning stage, the numbers will be looked at much more closely with design proposals coming back to the City Commission for direction before contracts are entered into for design work. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Schmidt moved to approve Resolution No. 63-98, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Mr. Schmidt moved to accept the Planning and Zoning Board's finding that the proposed Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 33-98: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for new and increased residential service, multi-family and commercial collection services rates for FY 1999. The City Manager presented Ordinance No. 33-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE -14- 09/22/98 OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR NEW AND INCREASED RESIDENTIAL SERVICE, MULTI-FAMILY AND COMMER- CIAL COLLECTION SERVICE RATES FOR FY 1999; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin opened the public hearing. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Ellingsworth moved to approve Ordinance No. 33-98 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes. Said motion passed with a 5 to 0 vote. 1. AMENDMENT NO. 5 TO BFI CONTRACT: Consider approval of Amendment No. 5 to the Solid Waste and Recycling Collection Franchise Agreement dated August 8, 1996, with BFI Waste Systems of North America, Inc. Mayor Alperin noted this item was explained earlier in the meeting prior to the recess. Mr. Randolph moved to approve Amendment No. 5 to Solid Waste and Recycling Collection Franchise Agreement dated August 8, 1996. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin Yes; Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 37-98 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending LDR Section 4.4.13, "Central Busi- ness District", Subsection 4.4.13(C), "Accessory Uses and Struc- tures Permitted", to allow Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Psychic Readers, Spiritualists, Numerologists and Mental Healers as an accessory use to Book Stores, Antique Shops, Gifts Shops, Music Stores, and Arts and Crafts Shops, subject to certain special provisions. If passed, second reading and a second public hearing will be scheduled for October 6, 1998. The City Manager presented Ordinance No. 37-98: -15- 09/22/98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)", SUBSECTION 4.4.13(C), "ACCESSORY USES AND STRUCTURES PERMITTED" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFT SHOPS, MUSIC STORES, AND ARTS AND CRAFTS SHOPS WITHIN THE CBD ZONE DISTRICT, SUBJECT TO CERTAIN SPECIAL PROVISIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Diane Dominguez, Director of Planning and Zoning, stated this text amendment was initiated by the Planning and Zoning Board on July 20, 1998. At that meeting the Board heard a similarity of use request to allow "psychic readings" in the CBD zone district at Shining Through, a retail establishment (New Age bookstore) located at 426 East Atlantic Avenue. The Planning and Zoning Board determined that the similarity of use approach was not appropriate, but they did initiate an amendment that would allow the use as an accessory use in the Central Business Dis- trict. Staff prepared an amendment which, if approved, would list the use in the Central Business District regulations under the category of accessory uses, would provide limitations on the type of stores that it could be accessory to and on the size of area that it could occupy, the number of readers that would be allowed at a time, and would prohibit any signage and require licensing by both the City and the County. Staff recommended denial of the amendment because an ordinance was recently passed which added "psychic readers" in certain parts of the General Commercial district to accommodate this use and similar types of operations. It is felt that adding the use as an accessory use in the Central Business District would set a precedent for allowing it in other, less restrictive commercial zones. After conducting a public hearing on the proposed text amendment, the Planning and Zoning Board voted 4 to 2 to recommend denial. 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 opened the public hearing. No one in the audience came forward to address the City Commission. The public hearing was closed. o9/22/98 The City Attorney recommended that Ordinance No. 37-98 be passed on first reading to move it to second reading and a second public hearing on October 6, 1998, for final action. Mr. Schmidt moved to approve Ordinance No. 37-98 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Alperin asked if there were any additional public comments or inquiries on non-agendaed items from anyone who was not present at the meeting prior to 7:00 p.m.? There were no additional comments from the public. There being no further business, Mayor Alperin declared the meeting adjourned at 7:10 p.m. ' City C~rk ATTEST: The un~de/rs~i~~n~dO~sR~~e~'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 September 22, 1998, which minutes were formally approved and adopted by the City Commission ~City Q/erk NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -17- o /22/ 8