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09-23-97 SEPTEMBER 23, 1997 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 P.M., Tuesday, September 23, 1997. 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 Dan Casselberry, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of Item $.L.7., Bid Award to Praxair, Inc. to the Consent Agenda by addendum. With regard to Item 8.K., Review of the Appealable Land Development Board Actions, the City Manager noted that the City has received an appeal for Item "D" under Site Plan Review and Appearance Board (SPRAB). Therefore, the motion would need to state approval of the Appealable Land Development Board Actions with the exception of Item "D" under SPRAB. Mr. Schmidt moved to approve the agenda as amended excluding Item "D" under SPRAB, 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. 5. Approval of Minutes: With regard to the Minutes of the Regular Meeting of September 9, 1997, Mr. Ellingsworth noted a correction to page 23. He stated that the debt service millage should be 0.85% rather than 8.5%. Mr. Ellingsworth moved to approve the Minutes of the Regular Meeting of September 9, 1997 as corrected, seconded by Mr. Egan. 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. Mr. Schmidt moved to approve the Minutes of the Special Meeting of September 11, 1997, seconded by Mr. Randolph. 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. 6. Proclamations: 6.A. Domestic Violence Awareness Month - October 1997 Mayor Alperin read and presented a proclamation pro- claiming October 1997 as Domestic Violence Awareness Month in Delray Beach, Florida. Ms. Hall, a member of AVDA, came forward to accept the proclamation and thanked the Commission for approv- ing a $20,000 grant to AVDA and for their continued support. In addition, Ms. Hall invited everyone to attend AVDA's candlelight vigils during the month of October. 6.B. Recognizing and Commending the Delray Beach Lifequard Mayor Alperin read and presented a proclamation recog- nizing and commending Gold Medal Winners: Tom Swift, Ocean Lifeguard EMT Patricia Daymon, Ocean Lifeguard EMT Grant Whitcomb, Ocean Lifeguard EMT and, for superior achievement: Lance Seller, Ocean Lifeguard Lieutenant and Competition Team Captain Mark Henkle, Ocean Lifeguard EMT Fred Burwell, Ocean Lifeguard EMT John Potts, Ocean Lifeguard EMT Andy Lewis, Ocean Lifeguard EMT Tom Hemenway, Ocean Lifeguard EMT for their representation of the City of Delray Beach and offer them congratulations on a job well done in the 1997 National Lifeguard Competition. On behalf of the Ocean Lifeguards, Tom Swift came forward to accept the proclamation and informed the Commission that he and Heather Hanson have both been invited to be on the USA World Team and compete in February 1998 in Interna- tional Competition. 7. Presentations: 7.A. Distinguished Budget Presentation Award for 1997 from Government Finance Officers Association (GFOA) -2- 09/23/97 Mayor Alperin presented the Distinguished Budget Presentation Award for 1997 from the Government Finance Officers Association to Joe Safford, Finance Director. Mr. Safford came forward to accept the award and announced that the City of Delray Beach has received the distinguished budget presentation award for 11 consecutive years and the excellence in financial report- ing award for 13 years. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. FINAL PLAT APPROVAL/PALM TRAN SATELLITE FACILITY: Approve the final boundary plat for the Palm Tran Satellite Facility located at the northwest corner of Congress Avenue and N.W. 1st Street. 8.B. RATIFICATION OF CONSENSUS/OLD SCHOOL SQUARE SIGNAGE: Ratify the Commission consensus of September 16, 1997, to approve the proposed marquee signage for Old School Square, with funding up to $27,000 from 334-6112-519-62.10. 8.C. AMENDMENT NO. 3 TO FRANCHISE AGREEMENT BETWEEN BFI AND THE CITY: Approve Amendment No. 3 to Solid Waste and Recycling Collection Franchise Agreement dated August 8, 1996, between Browning-Ferris Industries of Florida, Inc. (BFI) and the City to provide for the corporate transfer of the agreement to BFI Waste Systems of North America, Inc. 8.D. ACCEPTANCE OF EASEMENT DEED/S.E. 4TH AVENUE SIDEWALK: Accept an easement deed from the H. Halid Zeder Trust for a 7 ft. sidewalk easement within Lots 11 and 12, Block 94, to allow for the installation and maintenance of a public sidewalk on the west side of S.E. 4th Avenue as part of the S.E. 4th Avenue improve- ments project. 8.E. ACCEPTANCE OF ACCESS EASEMENT FROM LAKE WORTH DRAINAGE DISTRICT FOR CORAL TRACE BOULEVARD: Accept an access easement from the Lake Worth Drainage District (LWDD) to allow for the construction of Coral Trace Boulevard across the LWDD Canal No. L-33. 8.F. HOLD HARMLESS AGREEMENT/GROVE SQUARE, INC.: Approve a hold harmless agreement between the City and Grove Square, Inc. to allow for the construction of a bar area, a portion of which will encroach into a City easement, in the courtyard behind the restaurants (Hoot, Toot & Whistle/Dakotah's/City Limits) current- ly operating in Block 85 (Grove Square). 8.G. PURCHASE AUTHORIZATION FOR ADDITIONAL GARBAGE CARTS: Approve the purchase of an additional 1,115 garbage carts (715 68-gallon and 400 32-gallon) from Otto Industries at a total cost of $44,345.50, with funding from 433-3711-534-49.35. 8.H. RESOLUTION NO. 72-97: Adopt a resolution authorizing a tri-party agreement by and among the City of Delray Beach, as 3 09/23/97 Conduit Issuer, NationsBank, N.A. (formerly Landmark National Bank of Ft. Lauderdale), as Prior Trustee, and The Bank of New York (BNY), as Successor Trustee, wherein NationsBank agrees to resign as Trustee and transfer all rights and duties to BNY, and BNY agrees to accept these rights and duties and accept appoint- ment by the City as Trustee, Paying Agent and Registrar with respect to the Industrial Revenue Bonds, Series 1985. The caption of Resolution No. 72-97 is as follows: AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, DATED AS OF BY AND AMONG LANDMARK NATIONAL BANK OF FORT LAUDER- DALE, A NATIONAL BANKING ASSOCIATION ORGAN- IZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA AND HAVING ITS PRINCIPAL CORPORATE TRUST OFFICE AT FT. LAUDERDALE, FLORIDA ("PRIOR TRUSTEE") AND THE BANK OF NEW YORK, A BANKING CORPORATION DULY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW YORK AND HAVING ITS PRINCIPAL CORPORATE TRUST OFFICE AT 101 BARCLAY STREET, FLOOR 21 WEST, NEW YORK, NEW YORK, 10286 ("SUCCESSOR TRUST- EE''). (Copy of Resolution No. 72-97 is on file in the offi- cial Resolution Book) 8.I. RESOLUTION NO. 70-97: Adopt a resolution assessing costs for emergency action required to board up an unsafe struc- ture at 139 N.W. 12th Avenue. The caption of Resolution No. 70-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 70-97 is on file in the offi- cial Resolution Book) -4- 09/23/97 8.J. RESOLUTION NO. 71-97: Adopt a resolution assessing costs for abatement action required to remove nuisances on 23 properties throughout the City. The caption of Resolution No. 71-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO C~LAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTER- EST ON ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (Copy of Resolution No. 71-97 is on file in the offi- cial Resolution Book) 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board and the Site Plan Review and Appearance Board during the period September 8 through September 19, 1997. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $107,000 to Quality Transportation for bus rental and driver service for various Parks Department programs, with funding in the amount of $45,320 from 001-4105-572-44.90; $41,050 from 001-4106-572-44.90; $8,550 from 001-4121-572-44.90; and $12,080 from 115-4912- 572-55.30. 2. Bid award in the amount of $63,826.68 to Neff Machinery for a John Deere 410E/Backhoe-Loader via GSA Contract GS-30F- 1021D, with funding from 501-3312-591-64.20 through transfer from 501-0000-301-50.00. 3. Bid renewal award to Photoline Supplies at an estimated annual cost of $19,159.30 via City of Boca Raton Bid #95-071, with funding from FY 1998 budget, various departmental operat- ing accounts. -5- 09/23/97 4. Bid award in the amount of $15,020 to Luis Cintron Lawn Service, Inc. for landscape maintenance of the Atlantic Avenue Greenway Plan (vacant lots), with funding from FY 1998 budget, 119-4144-572-46.40. 5. Bid award in the amount of $63,311.06 to Custom Care, Inc. for landscape maintenance of the following: Homewood Boulevard, between Linton and Lowson Boulevards; Linton Boulevard, between Military Trail and CSX Railroad; three medians on Military Trail (in front of Del Aire Country Club); South Federal Highway, between Linton Boulevard and the C-15 Canal; Congress Avenue, between Lake Ida Road and Linton Boulevard; and water retention areas (Lake Ida and S.W. 10th Avenue); with funding from FY 1998 budget ($61,918.22 from 119-4144-572-46.60, and $1,392.84 from 448-5411-538-34.90. 6. Bid award, based on highest commission revenue to the City, to DiLoreto & Sons, Inc. for snack vending machine service at various locations within the City. 7. Bid award in the estimated annual cost of $68,544 to Praxair, Inc. via City of West Palm Beach for C02 Carbon Dioxide, with funding from 441-5122-536-52.21. Mr. Ellingsworth moved to approve the Consent Agenda as amended, seconded by Mr. Schmidt. 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. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/KIDS KINGDOM OF PALM BEACHES, INC.: Consider a request for conditional use approval to allow the establishment of a child care facility (Kids Kingdom of Palm Beaches, Inc.) within Lake Ida Plaza, a shopping center located at the southwest corner of Lake Ida Road and Congress Avenue. The subject property is zoned PC (Planned Commercial) District. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. -6- 09/23/97 Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. Ms. Dominguez stated this is a request for conditional use approval to allow for the establishment of a child care facility (Kids Kingdom of Palm Beaches, Inc.) within the Lake Ida Plaza, a shopping center located at the southwest corner of Lake Ida Road and Congress Avenue. The subject property is zoned PC (Planned Commercial) District. This facility will accommodate approximately 75 chil- dren ranging in ages from infants up to 5 years old. Hours of operation will be Monday-Friday from 6:30 a.m. until 6:00 p.m. A 5,744 square foot outdoor play area and a drop-off area is to be located to the rear of the center. At its meeting of September 15, 1997 the Planning and Zoning Board voted 6-0 to recommend that the request be approved subject to the following conditions: (1) That a site plan modification be processed addressing the items listed under the section of the staff report entitled "Compliance with the LDRs", (2) that the loading area for the former Winn Dixie be relocated to the north end of the bay, and (3) that drop-off area and pick-up area to the child care facility be from the rear of the shopping center. Kimberly King, Director of the Kids Kingdom of Palm Beaches, Inc., announced she is available to address any concerns the Commission may have about the facility. There being no one from the public who wished to speak in opposition or in favor of the application, the public hearing was closed. Discussion by the Commission ensued. Mayor Alperin commented about the storefront and asked if the site will come all the way out towards the front of the building? In response, Ms. Dominguez stated that there will be windows and emergency exits on the front side of the center only. Ms. King explained that although there will not be any access from the front of the center, people will be able to see the children in the classrooms from the front of the center. Mr. Randolph expressed concern over the access area of the child care facility and feels that drop-off and pick-up in this area may get slightly congested. Ms. King stated that with the drop-off and pick-up area being in the rear of the facility, they will not be affecting any of the businesses located in the front of the shopping center. In addition, Ms. King stated that by keeping most of the activity towards the rear of the center, will not only provide enough space for traffic to flow more smoothly in both directions, but will provide adequate parking as 7 09/23/97 well. Ms. King reassured Mr. Randolph that she does not foresee a problem with the drop-off and pick-up area being located to the rear of the facility. Mr. Ellingsworth moved to approve the conditional use request to Kids Kingdom of Palm Beaches, Inc. based on positive findings with respect to policies of the Comprehensive Plan, Chapter 3 (Performance Standards), and Section 2.4.5(D) (5) of the Land Development Regulations subject to the conditions as out- lined in the Planning and Zoning Staff Report, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONDITIONAL USE MODIFICATION/CASALE MARBLE IMPORTS: Consider a request for conditional use modification to allow the expansion of Casale Marble Imports, a monument and ornamental stone cutting facility, located at the southwest corner of S.W. 17th Avenue and S.W. 7th Street. The subject property is adja- cent to 1-95 and is zoned I (Industrial) District. QUASI-JUDI- CIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. Ms. Dominguez explained that this is a request for a conditional use modification to allow for the expansion of Casale Marble Imports, a monument and ornamental stone cutting facility within the Industrial district at 750 S.W. 17th Avenue. The development proposal is a two-phased project. Phase I includes the addition of an outdoor storage area, new loading dock, access drive, additional parking, chain link fence and gate, canopies, and associated landscaping. Phase II con- sists of construction of a 4,060 sq. ft. building addition to accommodate a showroom and office space, which will reduce the outdoor storage area by 1,068 sq. ft. At its public hearing on September 15, 1997, the Planning and Zoning Board voted 6-0 to recommend that the condi- tional use modification be approved subject to the following conditions: (1) that a site plan modification application be submitted which addresses the "Technical Items" and violations identified in the Staff Report, (2) that the storage area fence 8 09/2 /97 be 8 feet in height and the equipment and material stored outside be limited to a maximum height of 8 feet, and (3) that adjacent to the storage area hedges be installed 4 feet in height at the time of planting, with trees every 20 to 25 feet on center. The following individual spoke in favor of the applica- tion: Roy A. Simon, Architect for Casale Marble Imports, stated that the applicant is requesting additional outside storage because the facility has grown extremely large so rapid- ly. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Egan moved to approve the conditional use modifica- tion request to Casale Marble Imports based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Required Findings) of the Land Development Regula- tions, the policies of the Comprehensive Plan, and subject to the conditions as outlined in the Planning and Zoning Staff Report, 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. 9.C. CONTRACT ADDITION & CHANGE ORDER ~5/MURRAY LOGAN CONSTRUCTION, INC.: Consider contract additions and Change Order %5 in the amount of $123,520.94 to Murray Logan Construction, Inc. for the barrier island pump stations; with funding in the amount of $117,525.94 from 448-5411-538-62.35, $1,220 from 442-5178-536- 61.46, $2,275 from 442-5178-536-61.84, and $2,500 from 440-5179-536-63.61, through budget transfer from 448-5411-538- 99.01 and 442-5178-536-61.78. The contract additions include the installation of chains on all underwater discharge flapgates for maintenance access, emergency installation of deteriorated force main pip- ing/rails at Lift Station 22, additional check valve for drain Clarifier #4 at the Water Treatment Plant, and additional clear- ing at Morikami Park drainage installation per (C.O. %3). Change Order #5 includes plus/minus quantity adjust- ments to the contract items based on unit prices, additional pavement reconstruction/overlay associated with the project, miscellaneous adjustments due to utility conflicts with the drainage piping, piping retrofit to accommodate owner furnished pumps at all stations, and miscellaneous modifications and repairs to the existing deteriorated Thomas Street pump sta- tion/discharge pipe. Dick Hasko, Acting Director of Environmental Services, explained that approximately 75% of the contract additions were -9- 09/23/97 the direct result of the relocation of two of the pump stations. He stated that the relocation was done in an effort to lessen the impacts on the neighborhood on the barrier island. However, staff came upon some unforeseen soil conditions while physically reciting the two pump stations. Mr. Schmidt moved to approve the contract addition (CO #5) in the amount of $123,520.94 to Murray Logan Construction for the Barrier Island Pump Station improvements, seconded by Mr. Egan. 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.D. SPECIAL EVENT REQUEST/HARVEST FEST: Consider a request from the Chamber of Commerce for special event approval to include street closure, sign waiver, staff support, and 50/50 overtime cost split, for the 10th Annual Harvest Fest to be held on November 15-16, 1997. Mr. Ellingsworth moved to approve the special event request to include street closure, sign waiver, staff support, and 50/50 overtime cost split for the 10th Annual Harvest Fest to be held on November 15-16, 1997, seconded by Mr. Schmidt. 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. 9.E. SPECIAL EVENT REQUEST/9TH ANNUAL VISIONS OF PERFECT HARMONY FESTIVAL: Consider a request from the Peach Umbrella Plaza Association for special event approval, including use of the Tennis Center, small city stage, barricades and other servic- es for the 9th Annual Visions of Perfect Harmony Festival to be held on October 3-4, 1997. Mr. Egan moved to approve the special event request from the Peach Umbrella Plaza Association for special event approval, including use of the Tennis Center, a small city stage, barricades at no charge, and a 50/50 split for the costs of police overtime for the 9th Annual Visions of Perfect Harmony Festival to be held on October 3-4, 1997, seconded by Mr. Ran- dolph. 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. 9.F. RECOMMENDATION FROM THE EDUCATION BOARD/HOUSE BILL 2121: Consider approval of the Education Board's recommendations on changes to House Bill 2121, an act relating to educational facilities and funding. Mr. Schmidt moved to approve the Education Board's recommendations of proposed changes to House Bill 2121 and that these recommendations be forwarded to the state legislature and the School Board, seconded by Mr. Randolph. Upon roll call the -10- 09/23/97 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.G. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two regular members (layperson and subcontractor) to the Code Enforcement Board to fill unexpired terms ending January 13, 1999, and January 13, 2000, respectively. The appointments will be made by Commissioner Randolph (layperson) and Mayor Alperin (subcontractor). Commissioner Randolph moved to appoint Martin Bellsey as a regular member/layperson to the Code Enforcement Board to fill an unexpired term ending January 14, 1999, 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. Mayor Alperin stated he wished to postpone his appoint- ment until the next regular meeting of October 7th. 9.H. APPOINTMENTS TO THE HIGH-RISE FIRE SAFETY TASK TEAM: Appoint eleven (11) members to the High-Rise Fire Safety Task Team. Mr. Schmidt moved to appoint William H. Latimer, Jr. (resident representative) as a member to the High-Rise Fire Safety Task Team, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Egan moved to appoint Martin H. Rubin (resident representative) as a member to the High-Rise Fire Safety Task Team, 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. Mr. Ellingsworth moved to appoint Robert Story (resi- dent representative) as a member to the High-Rise Fire Safety Task Team, seconded by Mr. Schmidt. Upon roll call the Commis- sion 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. Mr. Randolph moved to appoint Wallace D. Doud {resident representative) as a member to the High-Rise Fire Safety Task Team, 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. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. -11- 09/23/97 Mayor Alperin stated he wished to appoint David A. Tynan (resident representative) as a member to the High-Rise Fire Safety Task Team. Mr. Randolph so moved, 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. Mr. Schmidt moved to appoint Fo Stephen Bates (building manager representative) as a member to the High-Rise Fire Safety Task Team, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Egan moved to appoint Kenneth B. Humphries (build- ing manager representative) as a member to the High-Rise Fire Safety Task Team, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Ellingsworth moved to appoint Thomas E. Lynch (insurance industry representative) as a member to the High-Rise Fire Safety Task Team, seconded by Mr. Egan. 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. Mr. Randolph moved to appoint Terry Eichas (real estate representative) as a member to the High-Rise Fire Safety Task Team, 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. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin stated he wished to appoint Tom Dickmann (fire sprinkler contractor) as a member to the High-Rise Fire Safety Task Team. Mr. Egan so moved, 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. Mr. Schmidt moved to appoint Reed B. Verley, P.E. (fire protection engineer) as a member to the High-Rise Fire Safety Task Team, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling- sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to the First Readings portion of the agenda. 12. FIRST READINGS: -12- 09/23/97 12.A.1. ORDINANCE NO. 41-97: An ordinance amending Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations to provide for performance standards and increased requirements for recreational amenities. If passed, a public hearing will be scheduled for October 7, 1997. The City Manager presented Ordinance No. 41-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.6(A), "PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE DISTRICT; AMENDING SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO PROVIDE FOR COMPLI- ANCE WITH PERFORMANCE STANDARDS IN ORDER TO EXCEED THE BASE DENSITY, AND TO PROVIDE INCREASED REQUIREMENTS FOR RECREATIONAL AMENITIES; ENACTING SUBSECTION 4.4.6(I), "PERFORMANCE STANDARDS", TO PROVIDE FOR SAID STANDARDS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 41-97 is on file in the official Ordinance Book) At this point, the City Attorney read the caption of both Ordinance No. 41-97 and Ordinance No. 42-97. Diane Dominguez, Planning Director, explained that the RM zoning district currently provides for a density range of six (6) units per acre to a maximum of twelve (12) dwelling units per acre. The basis for determining the appropriate density is a finding that the development is "harmonious with adjacent proper- ties." The proposed amendment would provide performance standards for evaluating whether or not a particular density is appropri- ate. The amendments also propose additional requirements for recreational facilities, and an increase in the minimum square footage of 3 and 4-bedroom units. The Planning and Zoning Board formally considered these amendments on September 15, 1997. The Board voted 6 to 0 to recommend approval of the amendments which provide for perfor- mance standards and increased requirements for recreational amenities. By a 4 to 2 vote, the Board voted to recommend that the amendments to the Development Standards Matrix which would increase the minimum dwelling unit sizes be denied. -13- 09/23/97 In view of the Planning and Zoning Board's recommenda- tion, two Ordinances have been prepared for the Commission's consideration. Ordinance No. 41-97 reflects only those amend- ments recommended for approval by the P&Z Board. Ordinance No. 42-97 reflects the amendments for both performance standards and increased requirements for recreational amenities, as well as increased minimum square footage requirements for dwelling units. Mr. Ellingsworth moved to approve Ordinance No. 41-97 on FIRST Reading, seconded by Mr. Egan. 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. 12.A.2. ORDINANCE NO. 42-97: An ordinance amending Section 4.4.6, "Medium Density Residential (RM) District", of the Land Development Regulations to provide for performance standards and increased requirements for recreational amenities; and amending Section 4.3.4, "Base District Development Standards", to provide increased minimum square footage requirements for dwelling units in the RM zoning district. If passed, a public hearing will be scheduled for October 7, 1997. The City Manager presented Ordinance No. 42-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.6(A), "PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE DISTRICT; AMENDING SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO PROVIDE FOR COMPLI- ANCE WITH PERFORMANCE STANDARDS IN ORDER TO EXCEED THE BASE DENSITY, AND TO PROVIDE INCREASED REQUIREMENTS FOR RECREATIONAL AMENITIES; ENACTING SUBSECTION 4.4.6(I), "PERFORMANCE STANDARDS", TO PROVIDE FOR SAID STANDARDS; AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE INCREASED MINIMUM SQUARE FOOTAGE REQUIREMENTS FOR DWELLING UNITS IN THE RM ZONING DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 42-97 is on file in the official Ordinance Book) Mr. Egan moved to approve Ordinance No. 42-97 on FIRST Reading, seconded by Mr. Randolph° 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° -14- 09/23/97 11. Comments and Inquiries on Non-Agenda Items from the Public - Immediately following Public Hearings. 11.A. City Manager's response to prior public co=~ents and inquiries. None. 11.B. From the Public. 11.B.1. Naomi Frankfurt, resident of Delray Beach, explained that after recently losing a great deal of her hearing she obtained a TTY phone from the Deaf Service Center. Ms. Frankfurt commended the Deaf Service Center in Delray Beach for introducing her to the many services available at the center including the help group, and assistance devices. In addition, she was informed of "The Hearing Dogs of Florida" where dogs are trained to assist the deaf and people with hearing difficulties. Ms. Frankfurt explained that fortunately after only six months of training her dog became a Certified Hearing Ear Dog. Ms. Frankfurt stated she was so impressed with the services they provide she became a spokesperson for the Deaf Service and she sincerely thanked the Commission for their continued support. 11.B.2. Joan Gindlesperger, speaking on behalf of the Deaf Service Center, thanked the Commission for their continued support. 11.B.3. Mary O'Connor, representing the Boys & Girls Club, thanked the Commission for their continued support. 11.B.4. Anwar Gillion, speaking as a member of the Boys & Girls Club, expressed his appreciation for all the recreational activities that the Boys & Girls Club has to offer. 11.B.5. Drew Zuccala, owner of Zuccala's Wrecker Service, Inc., stated he is the current towing contractor for the City of Delray and distributed pictures of one of his trucks which has been in violation according to Code Enforcement. He explained that the wrecker service is required by the City to be at a scene in less than 30 minutes and stated his vehicles are not considered commercial vehicles but are actually licensed service/rescue vehicles. He suggested that perhaps a modification could be made to the Code of Ordinance to enable him to better serve the community. The City Manager stated that when the complaints were filed, the truck was being parked in front of the fence beside the driveway or on the driveway, not behind the fence. The City Manager stated that the truck has been observed at different hours throughout the day and not just during lunch time. The City Manager commented the truck is much less obtrusive parked behind the fence and stated he will have staff will look into possibly modifying the code. -15- 09/23/97 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. In response to Mr. Egan's prior concern regarding restaurants downtown and the storage of outdoor dining tables and chairs, the City Manager stated that at this time the only requirement according to our Code, is that the restaurant maintain a 5 foot wide pathway for pedestrians. He also reported that the City has had some maintenance issues with two restaurants, both of which have been contacted and encouraged to remove all the eating utensils, decorations and litter at the end of each business day along with some corrections as to how they stack or store their chairs and tables. The City Manager stated he feels that these conditions have improved over the past month and the conditions are continually being monitored. With regard to Mr. Schmidt's prior concern about a telephone call he received from a woman possibly needing assistance, the City Manager stated her situation was evaluated and she was referred to family services at the Delray Full Service Center. Family services determined that the client was having a difficult time adjusting to her recent disability. The woman has been diagnosed with diabetes and other medical problems. She was referred to the Out Reach Center at Boca Raton Community Hospital "Living with Diabetes" and they have been assisting her. The City Manager reported that he recently attended the International City Manager's Conference in Vancouver, Canada and it was a very good conference. He feels that Vancouver is a very interesting city and stated that approximately twenty-five years ago they made the decision not to build expressways inside their city. Instead they have worked very hard providing housing close to people's place of employment. At this time, Vancouver has under construction, in various phases, 14,000 dwelling units in the downtown area. One project alone has 9,000 units and is a $1.5 billion dollar project. He further stated that Vancouver has a bus system, trolleys, and an elevated rail system for transportation within their city. The City Manager stated that he was extremely impressed with the City of Vancouver and its progress. He will be providing additional information to the Commission at a later date. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Mr. Ellinqsworth Mr. Ellingsworth had no comments or inquiries. -16- 09/23/97 13.C.2. Mr. Randolph Mr. Randolph inquired about the status of the replacement fence along Lake Ida Road. In response, the City Manager explained that the City is in the process of obtaining easements and is doing some preliminary design work. Further, the City Manager stated that he has scheduled a meeting with the City Engineer later this week to discuss the progress of the project. 13.C.3. Mr. E~an Mr. Egan had no comments or inquiries. 13.C.4. Mr. Scb. midt Mr. Schmidt had no comments or inquiries. 13.C.5. Mayor Alperin Mayor Alperin inquired to the status of the blue building on Lake Ida Road and commented that the parking lot is unpaved and is not being well taken care of. He believes that the owner was already notified by Code Enforcement several months ago but the conditions have not improved. The City Manager stated he will give the Commission a status report regarding this building on Lake Ida Road. Secondly, Mayor Alperin commented on the Huber Drug building and inquired about modifying the Code of Ordinance to encourage residential units over the businesses along Atlantic Avenue. Apparently the owner was having difficulties in remodeling eleven units in his building. Mayor Alperin reported that in the September issue of Golf Maqazine there is an article which praises quality golf courses in Palm Beach County and one of the prominent golf courses mentioned was the Delray Beach Municipal Golf Course. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised public hearings portion of the agenda. 10. PUBLIC HEARINGS: It was the consensus of the Commission to consider Item 10.A.; Item 10.B.; and Item 10.C. jointly because they were closely related. 10.A. RESOLUTION NO. 73-97: 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 1998. Prior to consideration of -17- 09/23/97 passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 73-97: 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. (Copy of Resolution No. 73-97 is on file in the offi- cial Resolution Book) 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. The City Attorney stated that in previous years it was required by the legislature that she read the entire Resolution. However, the City Attorney stated that although it is no longer required to read the entire Resolution, there are some things which she is required to announce publicly. The City Attorney announced that this is the millage levy for the City of Delray Beach. The millage rate of 7.80 mills is 0.05 less than fiscal year 1997. The rolled back rate calculated under the TRIM law for operating purposes is 6.73 mills. The millage rate is 3.34% above the rolled back rate. The City Manager explained that the tax increase is caused by not going to the roll back rate. The total increase in ad valorem revenue is $970,000. Of that amount, $108,000 will pass through the City to the Community Redevelopment Agency. The City is increasing its allocation to the General Fund Capital projects by about $200,000. One project is replacement of the gym floor at Pompey Park Community Center which is $70,000 and the other project is replacement of some of the air conditioning systems in the Police Department in the amount of $145,000. Another significant increase is the Police Department budget which is increasing by $450,000. A portion of that is for support to laptop computers that are being purchased primarily through grant funds. The Fire Department budget is increasing by $418,000, a portion of which is to allow for one additional Plan Reviewer & Inspector position. Due to the increase in the volume of work, this position will enable the City to increase its efforts so that plans may be reviewed in a more timely manner. The Parks and Recreation budget is increasing by $350,000, a portion of which is to improve maintenance of our Parks and Recreation facilities. In particular, the City is trying to catch up on deferred maintenance from the last seven or eight -18- 09/23/97 years at the Pompey Park Community Center and the Civic Center next to City Hall. The bulk of those increases is for the increase in cost of the salaries and wages for employees which has been budgeted at 3 1/2% for this year overall. The City Manager informed the Commission that he previously distributed a copy of the financial report for the current fiscal year ending August 31st and stated the City is expecting a healthy surplus at the end of the year. He believes it is adequate to do whatever necessary toward rebuilding the General Fund undesignated fund balance and also allowing for any added adjustments. He feels there is enough money available that if the Commission wishes to do so they may increase the amount of money that the City is giving to the library by $40,000 to bring the additional funding amount up to $100,000 an amount which was discussed on September 9th. The City Manager stated that there are two ways this could be done, one would be to increase the carry forward from this year by $40,000, or transfer $40,000 out of this year's contingency to the library. At this point, the City Attorney announced that Resolu- tion No. 74-97 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 fiscal year 1998. This millage exceeds the 0.98 rolled back rate calculated under the TRIM law by 1.90%. At this point, Mayor Alperin declared the public hearing open for Items 10.A.; 10.B.; and 10.C. Duane Gainer, Division Director of the Center for Employment Training (CET), pleaded with the Commission to recon- sider their support for the center. Elizabeth Taylor, student of the Center of Employment Training (CET), explained that she attended CET to study automat- ed office skills and feels CET is a very good school. Denise Adams, graduate of CET, stated that due to the training she received through CET she was able to obtain a job so that she would no longer have to be a welfare recipient. She spoke highly of CET and urged the Commission to support the center. Cassandra Warrell, medical assistant and graduate of CET, stated she would appreciate any funding the City can give to the center in order for the medical assistant class to continue. In the past, Ms. Warrell stated that she was a welfare recipient but feels that she has benefited tremendously from the center. Cindy Clark, graduate of CET, expressed her apprecia- tion to the center for the five months of training she received to become an auto insurance seller and stated the students who attend the center are very conscientious. She stated that she is -19- 09/23/97 quite proud to be part of the CET alumni and urged the Commission to continue funding the training at the center. Another student who currently attends CET for plumbing training, stated that since she has attended CET it has given her a much better outlook for the future. She urged the Commission to support the center because she feels it would ultimately benefit the entire community. Jeanette Simpson, graduate of CET, stated that CET offers good training and feels the school is very beneficial to the people in the community. Fred Trainer, student currently attending CET, stated the school offers good training and not only gives him a feeling of hope but something to feel proud about. Quinlan Joseph, graduate of CET and currently employed at Old School Square, stated he studied plumbing while attending the center and feels proud to have received such beneficial training. Sonja Davis, graduate of CET, expressed her apprecia- tion to the center for helping to boost students self-esteem, motivation, and in helping them to develop their skills. Ms. Davis stated that because of the training she received from CET she is currently employed as a supervisor. Ken Lanqford, instructor at CET, urged the Commission to find funding to help the center. Mary O'Connor, Executive Director of the Boys & Girls Club of Palm Beach County, stated that for quite some time she has expressed desire to move into the Catherine Strong Center. She complimented the City employees for all their help and extended an invitation to everyone to come see the center. In addition, she urged the Commission to continue supporting the center. The public hearing was closed on Resolution No. 73-97, Resolution No. 74-97, and Resolution No. 75-97. Discussion by the Commission followed. With regard to an article published recently commenting on a 2% increase in water rates, Mr. Randolph stated that the newspaper article had some misleading facts. In the article the following was mentioned: ..."City officials said that this increase would cover cost of living adjustment for employees" Mr. Randolph stated this statement caused some confusion amongst City of Delray Beach employees believing that they were entitled to a cost of living increase. For the record, Mr. Randolph clarified that the article was talking about BFI employees -20- 09/23/97 receiving a cost of living increase not the City of Delray Beach employees. Mr. Ellingsworth moved to adopt Resolution No. 73-97, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - No; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. 10.B. RESOLUTION NO. 74-97: A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 1998. 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. 74-97: 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 OPERATION, AND TO APPROPRIATE SAID COLLEC- TIONS THEREUNDER. (Copy of Resolution No. 74-97 is on file in the offi- cial Resolution Book) Mr. Randolph moved to adopt Resolution No. 74-97, seconded by Mr. Ellingsworth. 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.C. RESOLUTION NO. 75-97: A resolution making appropria- tions of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 1997 through September 30, 1998. 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. 75-97: 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, 1997, TO THE 30TH DAY OF SEPTEMBER, 1988; 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 -21- 09/23/97 INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 75-97 is on file in the offi- cial Resolution Book) Mr. Randolph moved to adopt Resolution No. 75-97, 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. Mr. Ellingsworth moved to approve the transfer of $40,000 from the 1996-97 Contingency Fund to the Library Fund, bringing the additional funding to $100,000, as previously discussed at the Regular Commission meeting of September 9th, seconded by Mr. Egan. 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 approve the Planning and Zoning Board's finding that the proposed Capital Improvement Plan and Capital Improvement Budget are consistent with the Comprehensive Plan, 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. 34-97: An ordinance amending Chapter 52, "Water", of the City Code by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential and irrigation rates for FY 1997/98. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANC- ES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDEN- TIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 1997/98; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE° -22- 09/23/97 (Copy of Ordinance No. 34-97 is on file in the official Ordinance Book) 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. The public hearing was closed. Mr. Egan moved to adopt Ordinance No. 34-97 on Second and FINAL Reading, seconded by Mr. Schmidt. 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. 10.E. ORDINANCE NO. 35-97: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresiden- tial/commercial rates for FY 1997/98. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 35-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS" OF THE CODE OF ORDINANCES OF THE CITY OF D~LRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDEN- TIAL/COMMERCIAL RATES FOR FY 1997/98; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 35-97 is on file in the official Ordinance Book) 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. The City Manager commented that there is one change since the First Reading of this ordinance. On page 3 of the ordinance, the per 1,000 gallon charge from South Central Region- al Wastewater Treatment and Disposal Board (SCRWTDB) is actually down from the 0.77 to 0.70. Mr. Harden explained that some customers may see the 2% increase while others may not see an increase, depending on the amount of water they actually use. -23- 09/23/97 Mayor Alperin opened the public hearing. There being no one from the public who wished to speak on this ordinance, the public hearing was closed. Mr. Schmidt moved to adopt Ordinance No. 35-97 on Second and FINAL Reading, 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. 10.F. ORDINANCE NO. 36-97: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levied", to provide for increased garbage, trash, recycling, vegetation and bulk waste collection service rates for FY 1997/98. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 36-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL SERVICE, MULTI-FAMILY AND COMMERCIAL COLLEC- TION SERVICE RATES FOR FY 1997/98; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 36-97 is on file in the official Ordinance Book) 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. The public hearing was closed. Mr. Egan moved to adopt Ordinance No. 36-97 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes. Said motion passed with a 4 to 1 vote. 10.G. ORDINANCE NO. 37-97: An ordinance amending Chapter 50, "Utilities Generally; Public Service Tax", Section 50.15, "Levy of Tax", to increase the utility tax for the purpose of adequate- ly funding the City's Beautification Program. Prior to consider- ation of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 37-97: -24- 09/23/97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX", SUBHEADING "PUBLIC SERVICE TAX", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 50.15, "LEVY OF TAX", TO INCREASE THE UTILITY TAX FOR THE PURPOSE OF FUNDING THE CITY'S BEAUTI- FICATION PROGRAM; PROVIDING A GENERAL REPEAL- ER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 37-97 is on file in the official Ordinance Book) 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. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 37-97 on Second and FINAL Reading, seconded by Mr. Schmidt. 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. 10.H. ORDINANCE NO. 33-97 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Section 4.4.19, "Mixed Industrial and Commercial (MIC) District", of the Land Development Regula- tions to clarify the intended goal of the district and to modify the allowable principal and conditional uses within the zoning district. Prior to consideration of passage of this ordinance, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 33-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMER- CIAL (MIC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.19(A), "PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE DISTRICT; AMENDING SUBSECTION 4.4.19(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", AND SUBSECTION 4.4.19(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO MODIFY THE ALLOWABLE USES WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 33-97 is on file in the official Ordinance Book) -25- 09/23/97 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. The public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 33-97 on Second and FINAL Reading, 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.I. ORDINANCE NO. 38-97: An ordinance rezoning a parcel of land from RM (Medium Density Residential) District to CF (Commu- nity Facilities) District for the establishment of a parking lot associated with St. Paul's Episcopal Church. The subject proper- ty is located on the west side of S.W. 1st Avenue, approximately 120 feet north of S.W. 2nd Street. 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-JUDI- CIAL HEARING The City Manager presented Ordinance No. 38-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LA~D PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF S.W. 1ST AVENUE, APPROXIMATELY 140 FEET NORTH OF S.W. 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 38-97 is on file in the official Ordinance Book) The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The Deputy City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The proposal incorporates the south half of Lot 15 and all of Lot 16, Block 54 of the resubdivision of the south half of Block 54, Town of Delray. The subject property is vacant. The -26- 09/23/97 rezoning is requested to accommodate a 24 space parking lot to be used for overflow parking associated with St. Paul's Episcopal Church. At its meeting of August 18, 1997, the Planning and Zoning Board held a public hearing in conjunction with review of the rezoning. There was no public testimony, and the Board voted 6 to 1 (McCarthy dissenting) to recommend that the rezoning request be approved, based upon positive findings with respect to policies of the Comprehensive Plan, Chapter 3 (Performance Standards), and Section 2.4.5(D) of the Land Development Regula- tions. At first reading on September 9, 1997, the Commission passed the ordinance by unanimous vote. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 38-97 on Second and FINAL Reading, seconded by Mr. Randolph. 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. 10.J. ORDINANCE NO. 39-97: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", Section 101.15 "Defini- tions'', of the City Code to provide for the inclusion of City- owned property generally located north of Beach Drive and east of State Road A1A in the area defined as the municipal beach under Chapter 101. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 39-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "PARKS, BEACHES, AND RECREA- TION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.15, "DEFINITIONS", TO PROVIDE FOR THE INCLUSION OF CITY-OWNED PROPERTY GENERALLY LOCATED NORTH OF BEACH DRIVE AND EAST OF STATE ROAD A-l-A, AS MORE FULLY DESCRIBED HEREIN, AS PART OF THE MUNICIPAL BEACH; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 39-97 is on file in the official Ordinance Book) 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. -27- 09/23/97 Mayor Alperin noted that this ordinance is to clarify the definition of "public beach" because the original definition failed to acknowledge that the City purchased additional beach property north of the present definition. He reiterated that this is municipal beach property. Mayor Alperin opened the public hearing. There being no one from the public who wished to speak on this ordinance, the public hearing was closed. Mr. Schmidt moved to adopt Ordinance No. 39-97 on Second and FINAL Reading, 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.K. ORDINANCE NO. 40-97: An ordinance amending Chapter 35, "Employee Policies and Benefits", "Retirement Plan", of the Code of Ordinances by amending Section 35.097(A) to provide that the normal form of benefit for participants who are not married at the time of retirement is a single life annuity; amending Section 35.097(C) to remove age-based limitations on disability benefits; amending Section 35.097(J) to conform to recent changes in federal law; and amending Section 35.098 to clarify the minimum benefit payable to multiple beneficiaries of a participant. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 40-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT"; AMENDING SUBSEC- TION (A) OF SAID SECTION, "NORMAL RETIREMENT INCOME", TO PROVIDE THAT THE NORMAL FORM OF BENEFIT FOR PARTICIPANTS WHO ARE NOT MARRIED AT THE TIME OF RETIREMENT IS A SINGLE LIFE ANNUITY; AMENDING SUBSECTION (C) OF SAID SECTION, "DISABILITY RETIREMENT AND RETIRE- MENT INCOME" TO REMOVE AGE-BASED LIMITATIONS ON DISABILITY BENEFITS; AMENDING SUBSECTION (J) OF SAID SECTION, "MAXIMUM PENSION", TO CONFORM TO RECENT CHANGES IN FEDERAL LAW; AMENDING SECTION 35.098, "SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS", TO CLARIFY THE MINIMUM BENEFIT PAYABLE TO MULTIPLE BENEFICIARIES OF A PARTICIPANT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE~ -28- 09/23/97 (Copy of Ordinance No. 40-97 is on file in the official Ordinance Book) 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. The City Attorney noted most of these changes are clarifications and changes to conform to Federal law. Mr. Schmidt moved to adopt Ordinance No. 40-97 on Second and FINAL 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. There being no further business, Mayor Alperin declared the meeting adjourned at 7:50 P.M. - ~City '-Cl~7rk ' 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 which minutes were_ formally approved and adopted by the City Commission on ~P~ ?. /997 ~ity C~rk NOTE TO READER: If the minutes you have received are not completed 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. -29- 09/23/97