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12-02-97 DECEMBER 2, 1997 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, December 2, 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 Rabbi Wender of Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Agenda Approval. Mayor Alperin noted the addendum provided by the City Attorney to Item 8.H.2. (Bid award to Almazan Brothers Trucking, Inc. for the Woods of Southridge road construction project). The City Attorney explained that the addendum makes the contract not effective until the special assessment district is finalized and approved by the City Commission which should be in January or February, 1998. Mayor Alperin further noted that a replacement Exhibit "B" had been provided for Item 9.C., Bonus Payment and Contract Amendment/BJCE, Inc., on the Regular Agenda. Mr. Ellingsworth moved to approve the agenda as amend- ed, 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: Mr. Schmidt moved to approve the Minutes of the Regular Meeting of November 18, 1997, 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. 6. Proclamations= None 7. Presentations= 7.A. Andy Pinto, President - Delra¥ Beach Lodge Sons of Italy in America. On behalf of the Sons of Italy Delray Beach Lodge, Mr. Pinto bestowed upon Mayor Alperin an honorary membership. Mr. Pinto also presented Mayor Alperin with an Italian cookbook autographed by the State President of the Sons of Italy. Mayor Alperin accepted the honorary membership and thanked Mr. Pinto and the Sons of Italy for their consideration. 8. CONSENT AGENDA= City Manager recommends approval. 8.A. HAMLET TRAFFIC ENFORCEMENT AGREEMENT= Approve an agreement with the Hamlet Resident Homeowner Association allowing the Police Department to enforce state and local traffic laws on the private roads of the Hamlet. 8.B. NCIC/FCIC USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT: Approve renewal of the user agreement with the Florida Department of Law Enforcement for use of the Florida and National Crime Information Centers (FCIC/NCIC) which allows the City's Police Department to access state and national data banks. 8.C. EXTENSION OF MEMORANDUM OF UNDERSTANDING/DELRAY BEACH HOUSING RENAISSANCE PROGRAM: Approve a one year extension of the Memorandum of Understanding and the Policies and Procedures that govern the Delray Beach Housing Renaissance Program. 8.D. AGREEMENT FOR SIDEWALK IMPROVEMENTS/COLRiDGE COMPANY, INC.: Approve an agreement between the City and Colridge Compa- ny, Inc. to allow the deferral of sidewalk improvements along Venetian Drive associated with a multi-family development (tri- plex) until installation is required by the City. The subject property is located south of Ingraham Avenue on the west side of Venetian Drive. 8.E. CONTRACT EXTENSION FOR CITY ACQUISITION OF WARD PROPER- TY: Approve an extension of the closing date to January 31, 1998, for the City's acquisition of the Ward property adjacent to the Leon Weekes Environmental Preserve. 8.F. RESOLUTION NO. 85-97 AUTHORIZING ACQUISITION OF PROPER- TY AND ASSIGNMENT OF CONTRACT TO HABITAT FOR HUMANITY: Approve a resolution authorizing the City to acquire property located at 105 S.W. 7th Avenue as part of the City's Affordable Housing Program, together with an Assignment Agreement authorizing the City to assign the sale and purchase contract to Habitat for Humanity of Boca-Delray. -2- 12/02/97 The caption of Resolution No. 85-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 85-97 is on file in the City Clerk's office.) 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period November 17 through November 26, 1997. 8.H. AWARD OF BIDS AND CONTRACTS: 1. Lease contract in the amount of $36,064.80 via Dade County Public School Contract, to Copyco, Inc. for a 60 month lease of a copy machine for the Planning and Zoning Department, with funding from 001-2511-515-44.30 and 001-2711-524-44.30. 2. Bid award in the amount of $234,960 to Almazan Brothers Trucking, Inc., for the Woods of Southridge roadway construction project. Funding will come from 334-3162-541-61.17. This is an assessment project with the City paying $78,320; and with $156,640 being a General Fund loan which will be repaid from the assessments on the abut- ting properties. As amended by Addendum No. i to the contract which provides that the contract shall not become effective until the special assessment district is finalized and approved by the City Commission. Mr. Randolph moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE MODIFICATION/SHULER'S MEMORIAL CHAPEL: Consider a request for conditional use modification for Shuler's Memorial Chapel to allow expansion of the existing funeral home. The subject property is located at the southwest corner of West 3 12/02/97 Atlantic Avenue and S.W. 6th Avenue, and is zoned GC (General Commercial) District. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the Planning and Zoning Department's project file into the record. There being no one else who wished to address the City Commission, the quasi-judicial proceeding was closed. Mr. Ellingsworth moved to approve the conditional use modification for Shuler's Memorial Chapel, subject to the find- ings and conditions as recommended by the Planning and Zoning Board. The motion was 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. 9.B. PROPOSED IMPROVEMENTS TO THE LAKEVIEW GOLF COURSE CLUBHOUSE: Presentation on the proposed improvements to the Lakeview Golf Course Clubhouse, and consider approval to proceed with development of construction documents. Mr. Brahm Dubin explained that the main reason for the proposed improvements to the Lakeview golf course clubhouse is to bring the facility into compliance with ADA (Americans with Disabilities Act). Further, there are leaks and the facility needs to be made more functional. The design is simple, func- tional and cost-effective, with the improvements to be funded out of the enterprise fund. Mr. Dubin continued that the Lakeview golf course is also in need of new greens. He felt there was a good chance the greens could be done this summer although he was not entirely sure. It will cost approximately $45,000 to do the greens and tees; to close the golf course for three months will cost another $50,000. Accommodations could be worked out for the Lakeview clientele to use the municipal golf course during the closure. Mr. Dubin felt there was a fair amount of risk involved with rebuilding the clubhouse and the potential for customers to trip and fall, etc. If everything can be paid for, he felt it would be worthwhile to consider closing down the golf course for the greens work during the summer while the clubhouse improve- ments are in progress and get everything over at the same time. Mr. Jess Sowards, the project architect, presented the plans and renderings for the proposed improvements to the La- keview clubhouse. He noted that the same foundation and existing -4- 12/02/97 footprint of the building will be used, with a very clean and simple floor plan. The parking lot will be cleaned up somewhat to make it more efficient and provide a few more parking spaces, with appropriate location of handicap parking. On question from Mr. Egan as to when a decision will be made concerning the greens, Mr. Dubin stated that he and Mr. Barcinski need to discuss the matter further. The clubhouse and the greens are two completely separate issues, but it may be worthwhile to consider doing both projects during the same time period. However, no decision has yet been made. Mr. Schmidt moved to approve proceeding with the development of construction documents based on the preliminary design presented this evening. The motion was seconded by Mr. Egan. 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.C. BONUS PAYMENT AND CONTRACT AMENDMENT/BJCE, INC.: Consider approval of a bonus payment in the amount of $18,225 to BJCE, Inc. for FY 1997, with funding from 445-4711-572-31.90; together with an amendment to the Golf Course Management Agree- ment dated November 1, 1994, to revise Exhibit "B", Performance Bonus, for FY 1998. Robert A. Barcinski, Assistant City Manager, explained that pursuant to the agreement with Mr. Dubin for the management of both the Municipal and Lakeview golf courses, he is eligible to receive a bonus payment of up to 15% of the base management fee for both golf courses as a yearly bonus provided he meets or exceeds the performance measures set forth at Exhibit "B" of the contract. Staff feels Mr. Dubin has done an excellent job with the golf courses and has considerably exceeded some of the performance measures this year. Therefore, Mr. Barcinski stated that his recommendation is for approval of the maximum bonus, or $18,225, as well as approval of an amendment to the golf course portion of the management agreement which adds new performance measures for FY 1998. Mr. Schmidt commented that he had a little bit of a problem with giving a performance bonus for some things that are normal golf course maintenance, such as aerating greens, tees and fairways. In his opinion, a bonus means that someone has gone above and beyond what one would normally be expected to do. He felt that Mr. Dubin has done a good job with both golf courses, but considered some of the items on the performance bonus list to be things for which one would not be entitled to additional compensation. While he did not have a problem with the bonus payment for FY 1997, he felt that the performance measures proposed for FY 1998 should be reviewed. -5- 12/02/97 Mr. Egan moved to approve the bonus payment in the amount of $18,225 to BJCE, Inc. for FY 1997, 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. It was the further consensus of the Commission to direct staff to revisit the criteria used in formulating the performance measures for FY 1998, and bring the contract amend- ment back for further consideration at the December 9, 1997, regular meeting. 9.D. AMENDMENT TO MANAGEMENT AGREEMENT FOR TENNIS CEN- TER/DUBIN & ASSOCIATES, INC.: Consider approval of a contract amendment to the tennis center portion of the Management Agree- ment with Dubin & Associates, Inc. to extend the term through September 30, 1999, and increase base management fees for FY 1998 and FY 1999. Funding is available from 001-4124-572-31.90. Robert A. Barcinski, Assistant City Manager, stated that the purpose of the proposed amendment is to extend the term of the tennis center portion of the management agreement through September 30, 1999, so that it will coincide with the term for the golf course portion. The other part of the request is to increase the base fee for tennis center management from $18,000 for FY 1997 to $20,000 for FY 1998 and $20,800 for FY 1999. Mr. Ellingsworth moved to approve the contract amend- ment to the tennis center portion of the Management Agreement with Dubin & Associates, Inc. to extend the term through Septem- ber 30, 1999, and increase base management fees for FY 1998 and FY 1999. The motion was seconded by Mr. Egan. 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. 9.E. TENNIS CENTER CONSULTING AGREEMENT/PRIME ACCESS, INC.: Consider approval of a consulting agreement with Prime Access, Inc. for securing sponsorships for events held at the tennis center, in the amount of $6,000 annually. Mr. Barcinski, Assistant City Manager, explained that the request is for approval of a tennis center consulting agree- ment with Prime Access, Inc. for securing sponsorships for events to be held at the tennis center in the amount of $6,000 annually. Approval is also requested for salary increases for Mr. Felsberg and Mr. Evert who will be handling alot of the on-site promotion- al set-up work. Funding would come from sponsorship revenues. Mr. Brahm Dubin introduced Mr. Joel London who is President of Prime Access, Inc., a 50% shareholder and the person who will be running the company. Mr. Dubin further stated that he, too, owns 50% of the company. The reason he created the -6- 12/02/97 company is to provide services to the City in securing sponsor- ships for the tennis center and also the golf courses as may be appropriate. Mr. Randolph moved to approve the consulting agreement with Prime Access, Inc. for securing sponsorships, and the increased compensation for Mr. Felsberg and Mr. Evert with the funding to come from sponsorship revenues. 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. 9.F. PEDI-CAB USE/ART AND JAZZ ON THE AVEBU3E: Consider allowing the use of pedi-cabs in the downtown area for the December llth Art and Jazz on the Avenue. Mr. Barcinski, Assistant City Manager, stated that this request is to again allow the use of pedi-cabs in the downtown area at the December llth Art and Jazz. The reports he got from the Police and other observers were that there did not seem to be any problems with the use of pedi-cabs at the October Art & Jazz. Mr. Egan moved to approve the use of pedi-cabs for the December llth Art and Jazz as recommended by staff, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - No. Said motion passed with a 3 to 2 vote. 9.G. PROPOSED REVISION TO AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS AND GUARANTEE/HAMMOCK RESERVE DEVELOP- MENT COMPANY: Consider approval of a request from Hammock Reserve Development Company to modify the City's standard form agreement governing subdivision improvements and guarantee (letter of credit). The City Attorney stated that the Hammock Reserve Development Company already entered into a subdivision improve- ment and guarantee agreement, which is the standard form of agreement used by the City and previously approved by the City Commission. The General Counsel for Hammock Reserve has proposed some modifications to the City's standard form which, in essence, would permit a one-time reduction in the letter of credit amount if approved by the City Manager upon obtaining an opinion from the City Engineer that satisfactory progress is being made and approximately one-half of the improvements have been completed. The City may deny the reduction in its sole discretion. If the City Commission wished to favorably consider this change, the City Attorney suggested that the City's current standard form of agreement be modified to reflect the proposed revisions. William E. Shannon, General Counsel for Hammock Reserve Development Company, explained the reasons for the request to -7- 12/02/97 modify the agreement, noting that it becomes financially burden- some to keep the entire letter of credit in place even as the subdivision improvements are completed, inspected and approved by City staff. On question from Mr. Ellingsworth, the City Manager stated that he feels the request is a reasonable one and he does not have a problem with it. On question from Mayor Alperin, the City Attorney stated that a sentence could be added to the agreement to make it clear that while the request for a reduction in the letter of credit amount could be made at the approximate mid-point of the development, this would not mean that one-half of the letter of credit amount would be released. Rather, the amount that might be released would be at the discretion of the City Manager. On question from Mr. Schmidt, Mr. Randal Krejcarek, City Engineer, stated that the proposed amendments would not create any undue burden for the City's engineering personnel. Mr. Egan moved to approve the proposed revision to the City's standard form agreement governing subdivision improvements and guarantee (letter of credit), to include the additional sentence clarifying that any reduction does not have to equate to the progress of the development, in the City's sole discretion. The motion was 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. Said motion passed with a 5 to 0 vote. 9.H. AGREEMENTS WITH PALM BEACH COUNTY AND PALM BEACH COUNTY SCHOOL DISTRICT/PINE GROVE COMMUNITY PARK: Consider approval of an interlocal agreement by and among the City, the County and the School District related to the design, construction and funding of ballfield lighting and other improvements at Pine Grove Community Park, and the Second Addendum to the Master Agreement between the City and the School District to provide for the mutual use, maintenance and provision of additional recreation and playground facilities at Pine Grove Community Park. The City Attorney stated that the interlocal agreement between the City, the County and the School District is essen- tially a funding agreement which provides that the County will provide $190,000 for design and construction, while the City will contribute $100,000. Any improvements over that combined amount will be the City's responsibility. The park will have to remain a park, as one of the conditions of the County's grant money, for 15 years. If the use ever ceases during that period, the County would receive reimbursement of their full contribution. The City would receive a prorated rebate. On question from Mayor Alperin, the City Manager stated there is $290,000 available while the current estimate is about 8 12/02/97 $320,000. He indicated the discrepancy would be worked out through the bid process, possibly with the use of bid alternates. On question from Mr. Ellingsworth, Joe Weldon, Director of Parks and Recreation, stated the City will be responsible for the park's maintenance. Mr. Randolph moved to approve the Interlocal Agreement between Palm Beach County, the City of Delray Beach and the School District of Palm Beach County for funding of design and construction of Pine Grove Community Park and the Second Addendum to the Master Agreement between the City of Delray Beach and the Palm Beach County School District for the Mutual Use of Recrea- tional Facilities at Pine Grove Elementary School. 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. Prior to roll call, Ms. Paulette Burdick, Chairperson of the Palm Beach County School Board, thanked the Mayor and City Commissioners for continuing to work with the School District in regard to meeting the needs of the children of Palm Beach County. She expressed her particular appreciation for the City's support of the modifications to House Bill 2121. Ms. Burdick stated she would be discussing with the School Board next week the idea of placing a half-penny sales tax on the ballot sometime next year so that not only can new schools be built, but they can be maintained as well. 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: 10.A. ORDINANCE NO. 47-97: An ordinance rezoning a portion of the Yake property from RL (Low Density Residential/3-6 units per acre) to RM-8 (Medium Density Residential/5-8 units per acre). The subject property is located approximately 850 feet east of North Federal Highway, north of Denery Lane, south of Royal Palm Boulevard, and immediately west of and adjacent to the Intracoastal Waterway. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 47-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL (LOW DENSITY RESIDENTIAL/3-6 UNITS PER ACRE) DISTRICT IN THE RM-8 (MEDIUM DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT; SAID LAND BEING -9- 12/02/97 COMMONLY KNOWN AS A PORTION OF THE YAKE PROPERTY LOCATED APPROXIMATELY 850 FEET EAST OF U.S. HIGHWAY #1, NORTH OF DENERY LANE, SOUTH OF ROYAL PALM BOULEVARD, AND IMMEDIATE- LY WEST OF AND ADJACENT TO THE INTRACOASTAL WATERWAY, 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. (The official copy of Ordinance No. 47-97 is on file in the City Clerk's office.) Mayor Alperin stated that a request has been received from the applicant for a further postponement until the first meeting in January, 1998. Mr. Egan moved to continue Ordinance No. 47-97 to the date certain of January 6, 1998, seconded by Mr. Ellingsworth. 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. The City Attorney publicly announced that consideration of Ordinance No. 47-97 has been continued to the date certain of January 6, 1998, at 7:00 p.m. 10.B. ORDINkNCE NO. 52-97 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance amending Appendix "A", "Definitions", of the Land Development Regulations by establishing a definition for 'Self-Service Storage Facility'; amending LDR Section 4.3.3 to establish specific requirements for self-service storage facili- ties; and amending Section 4.4.19, "Mixed Industrial and Commer- cial District", and Section 4.4.26, "Light Industrial District", to allow self-service storage facilities as a conditional use in those zone districts. If passed, a second public hearing will be scheduled for January 6, 1998. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 52-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELR3%Y BEACH, FLORIDA, AMENDING APPENDIX "A" "DEFINITIONS", OF THE LAND DEVEL OPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ESTABLISHING A DEFINITION FOR 'SELF-SERVICE STORAGE FACILITY'; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", TO ESTABLISH SPECIFIC RE- QUIREMENTS FOR SELF-SERVICE STORAGE FACILI- TIES; AMENDING SUBSECTION 4.4.19(D), "CONDI- TIONAL USES AND STRUCTURES ALLOWED", BY -10- 12/02/97 ADDING SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL ZONE DISTRICT; AMENDING SUBSECTION 4.4.26(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY ADDING SELF-SERVICE STORAGE FACILITIES AS A CONDITIONAL USE WITHIN THE LIGHT INDUSTRIAL ZONE DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-97 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. There being no one who wished to address the City Commission, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 52-97 on FIRST Reading, seconded by Mr. Randolph for discussion. Mr. Randolph expressed his concern that self-service storage facilities sometimes do not adhere to maintenance and general appearance standards without proper management from the property owner. In response, Diane Dominguez, Director of Planning and Zoning, stated that one of the requirements is that there be a on-site manager and that there be living quarters provided for a manager so that someone would be on-site at all times. Also, the ordinance is restrictive as to the types of uses that can be conducted on the site. On question from Mr. Schmidt as to how the proposed ordinance would affect existing self-service storage facilities not located in the MIC or LI zoning districts, Ms. Dominguez stated there are some storage facilities in the Industrial zone district which would remain non-conforming. Any self-service storage facilities existing in the MIC or LI districts would become conforming conditional uses. However, most of those do not conform to the standards set out in the proposed ordinance so they would remain non-conforming as far as the development standards. If at some point in the future they wanted to make any changes, they would have to be evaluated on a case by case basis. Mayor Alperin commented that he felt the limitation of 6:00 a.m. to 8:00 p.m. on the hours of operation was somewhat restrictive. After discussion, it was the consensus of the City Commission to expand the hours of operation to 5:00 a.m. until 9:00 p.m. It was the further consensus of the Commission to clarify that no building on a site could exceed fifteen feet in height, with the exception of the on-site manager's apartment which could be located on a second floor. -11- 12/02/97 Mr. Egan amended his motion to approve Ordinance No. 52-97 on FIRST Reading as amended by consensus of the City Commission with respect to hours of operation and a height exclusion for the on-site manager's apartment. Mr. Randolph amended his second. 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. 11. Comments and Inquiries on Non-Agenda Items from the Public-Immediately followinq Public Hearings. 11.A. City Manaqer's response to prior public comments and inquiries. The City Manager had no responses to prior public comments and inquiries. 11.B. From the Public. 11.B.1. Mr. St. Louis Marvilius, 310 Sterlinq Avenue, stated he is a Minister with a church group and has been looking for a place to hold services and establish a church. He rented a building at 1026 South Dixie Highway, but was informed by the Planning and Zoning Department that the property was not zoned for church use. He asked for assistance with this problem. The City Manager stated he would look into the situa- tion further and get back to the Reverend to let him know what the status of it is. 11.B.2. Mr. Santalicio Martinez, 506 Southridge Road and the President of the Southridqe Homeowners Association, who read into the record a request from the residents of Southridge Road (west of S.W. 4th Avenue) for the paving of the street as well as proper street lighting. A copy of the request letter is attached hereto and incorporated herein as an official part of the min- utes. 11.B.3. Mrs. Rosella Wands Nyland, 631 Southridge Road, reiter- ated the urgent need to have this segment of Southridge Road paved. The road is in very bad shape and needs to be taken care of like other roads in the City. 12. FIRST READINGS: 12.A. ORDINANCE NO. 53-97: An ordinance amending Chapter 135, "Abatement of Nuisances", of the City Code to empower the Nuisance Abatement Board with the full range of authority granted by state law. If passed, a public hearing will be scheduled for January 6, 1998. The City Manager presented Ordinance No. 53-97: -12- 12/02/97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 135, "ABATEMENT OF NUISANCES", PROVIDING FOR THE PAYMENT OF REASONABLE COSTS ASSOCIATED WITH INVESTIGATIONS OF AND HEAR- INGS ON PUBLIC NUISANCES; PROVIDING FOR PAYMENT OF REASONABLE ATTORNEY FEES TO THE CITY ASSOCIATED WITH THE SUCCESSFUL PROSECU- TION OF A CASE BEFORE THE NUISANCE ABATEMENT BOARD; PROVIDING FOR CONTINUING JURISDICTION FOR A PERIOD OF ONE YEAR OVER ANY PLACE OR PREMISES THAT HAS BEEN OR IS DECLARED TO BE A PUBLIC NUISANCE; PROVIDING FOR PENALTIES FOR PUBLIC NUISANCES, INCLUDING FINES NOT TO EXCEED $250.00 PER DAY; PROVIDING FOR PENAL- TIES INCLUDING FINES NOT TO EXCEED $500.00 PER DAY FOR RECURRING PUBLIC NUISANCES; PROVIDING FOR THE RECORDING OF ORDERS ON PUBLIC NUISANCES SO THAT NOTICE MUST BE GIVEN TO SUBSEQUENT PURCHASERS, SUCCESSORS IN INTEREST, OR ASSIGNS OF THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROVIDING THAT RECORDED ORDERS ON PUBLIC NUISANCES MAY BECOME LIENS AGAINST THE REAL PROPERTY THAT IS THE SUBJECT OF THE ORDER; PROVIDING FOR THE FORECLOSURE OF PROPERTY SUBJECT TO A LIEN AND THE RECOVERY OF ALL COSTS, INCLUDING REASONABLE ATTORNEY FEES ASSOCIATED WITH THE RECORDING OF ORDERS AND FORECLOSURES; PROVID- ING THAT NO LIEN CREATED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE MAY BE FORE- CLOSED ON REAL PROPERTY WHICH IS A HOMESTEAD UNDER SECTION 4, ARTICLE X OF THE FLORIDA STATE CONSTITUTION; PROVIDING THAT THE TOTAL FINES IMPOSED PURSUANT TO THE AUTHORITY OF THIS ORDINANCE SHALL NOT EXCEED $5,000.00; PROVIDING THAT NOTHING CONTAINED WITHIN THIS ORDINANCE PROHIBITS THE CITY OF DELRAY BEACH FROM PROCEEDING AGAINST A PUBLIC NUISANCE BY ANY OTHER MEANS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-97 is on file in the City Clerk's office.) The City Attorney read the caption of Ordinance No. 53-97. The City Manager stated that the proposed ordinance will give the Nuisance Abatement Board some of the tools similar to what the Code Enforcement Board already has, and they will have some intermediate measures they can take to help obtain code -13- 12/02/97 compliance short of shutting a business down or closing a rental property. On question from Mayor Alperin, Eric Hightower, Police Legal Advisor, reported that at this point two cases have been presented to the Nuisance Abatement Board. One of them may end up a moot point because of other action by Code Enforcement to have the house torn down. In the other case, staff is working out the provisions for probation which will have to go back to the Nuisance Abatement Board for a final hearing. There are several other properties that are being looked at, but they are still in the process of being sent warning letters to give them a chance to come into compliance and work with the City before going to the board. At this point, Shirley Johnson, 701 N.W. 4th Street, expressed her appreciation to the City for the actions taken to get rid of the nuisance that had been located on the property next door to her property. As a property owner who just recently moved back to Delray Beach, she encouraged the continued efforts to rid the neighborhoods of these blighting conditions for the benefit of the entire community. Mr. Egan moved to approve Ordinance No. 53-97 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - No; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 1 vote. At this point, the Commission returned to Item 9.I. on the Regular Agenda. 9.I. INCREASE/FINAL PAYMENT FOR THE DOWNTOWN PARKING STUDY: Consider approval of an increase in the amount of $765.37 over the original approved amount for parking consultant John D. Edwards, and approve final payment in the amount of $1,393.77 with funding from 115-0000-248-01.00. The City Manager explained that the Parking Management Team has requested approval for the additional cost which was incurred because they asked the consultant to come down one more time than what had been originally specified in the contract. There are funds available in the account and approval is recom- mended. Mr. Egan moved to approve an increase of $765.37 over the original approved amount for parking consultant John D. Edwards, and final payment in the total amount of $1,393.77, 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. -14- 12/02/97 9.J. RATIFICATION OF APPOINTMENTS TO ALL AMERICA CITY STEERING COMMITTEE: Consider ratification of the 16 member Steering Committee proposed for the 1998 Ail America City Award application and process. Mr. Randolph moved to ratify the appointments to the Ail America City Steering Committee, 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. 9.K. APPOINTMENT TO THE HIGH-RISE FIRE SAFETY TASK TEAM: Appoint a resident representative from the Coastal House Condo- minium to the High-Rise Fire Safety Task Team to fill an unex- pired term ending March 31, 1998. Mr. Egan moved to appoint Michael R. Heyer as a resi- dent representative from the Coastal House Condominium to the High-Rise Fire Safety Task Team to fill an unexpired term ending March 31, 1998, 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. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. None 13.B. City Attorney. None 13.C. City Commission. 13.C.1. Mr. Schmidt had no comments or inquiries. 13.C.2. Mr. Egan questioned how the schedule for garbage pickups on holidays was determined? With the Thanksgiving holiday falling on a normal pickup day, the garbage was not picked up the next day but the next regular pickup day. In this case the next pickup day was Monday and with the extra accumula- tion of garbage, the crews were working late into the evening. Robert A. Barcinski, Assistant City Manager, stated that this is the way the contract is written with BPI and it is the same type of arrangement the City previously had with Waste Management. 13.C.3. Mr. Ellinqsworth had no comments or inquiries. 13.C.4. Mr. Randolph had no comments or inquiries. 13.C.5. Mayor Alperin stated he had received a letter about the FEC Railway meeting about getting passenger service back on the FEC line The City Manager noted that the Commission has support- -15- 12/02/97 ed this position in the past. The Mayor passed the letter on to the City Manager for his information. Mayor Alperin also commented that he had received the public hearing schedule for the Legislative Delegation and there is a hearing set for 5:00 p.m. next Wednesday, December 10, 1997, at Florida Atlantic University. The Mayor stated that he will try to attend this meeting as he particularly wants to address the need for additional treatment facilities in the southern part of the county. This is a big concern of the Drug Task Force since most of the treatment beds are in the north and central parts of Palm Beach County. Quite often if a Police officer has to transport a patient for treatment, he or she usually has to go to West Palm Beach at a minimum and this takes an officer out of the area they are supposed to be in for a good bit of time. What it really comes down to is another example of where the south county does not get it's fair share. Mayor Alperin further commented that if anyone else has any issues to be brought up to the delegation, this would be a good time to do it. Mayor Alperin then asked for clarification on the date for the annual Town Hall meeting? The City Manager stated that the Town Hall meeting is scheduled for February 10, 1998, in place of the City Commission's regular work session. There being no further business, Mayor Alperin declared the meeting adjourned at 7:30 p.m. ~City-Cl~rk ATTEST: ~ // The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of December 2, 1997, which minutes were formally approved and adopted by the City Commission - ~-Ci~ ~rk -- r 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. -16- 12/02/97