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01-13-04 MinutesJANUARY 13~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 13, 2004. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk Mayor Perlman announced John Jones who was a volunteer marine patrol passed away last week. In addition, the Assistant Chief of Protocol for the U.S. State Department and resident of Delray Beach passed away two days ago. Therefore, Mayor Perlman stated he would like to dedicate the Invocation this evening in their memory. 2_ The opening prayer was delivered by Pastor Jean Lyonel with Light of Hope Tabernacle Church of Delray Beach. given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL. The City Attorney there is a modified agreement for Item 8.G., Landscape Agreement/Dave Bodker Landscape Architecture/Planning, Inc./Linton Boulevard. Mayor Perlman noted the addition of Item 9.K., Special Meeting/January 22, 2004 to the Regular Agenda by addendum. Mayor Perlman stated he would like to move Item 8.I., Resolution No. 5- 04 to the Regular Agenda as Item 9.A. 1. Mr. Levinson requested that Item 8.E., Granting of Easement Deed/Lake Worth Drainage District be moved to the Regular Agenda as Item 9.A.2. -1- 01/13/04 Mr. Levinson moved to approve the Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: None. PROCLAMATIONS: At this point, Mayor Perlman introduced Jamie DeVoursney (age 9) who attends third grade at Unity School of Delray Beach. Jamie won a day with Mayor Perlman in an auction and was selected to student shadow him this evening. 6oA. Calling for the First Nonpartisan Election to be held on March 9, 2004 Mayor Perlman read and presented a proclamation hereby calling for the First Nonpartisan Election to be held on Tuesday, March 9, 2004, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. ° PRESENTATIONS: 7oAo NW/SW 5th Avenue Preliminary Design Presentation Richard Hasko, Director of Environmental Services, stated CH2M Hill is the City's Consultant for the NW/SW 5th Avenue project and introduced the following individuals: Richard Staudinger, Project Director with CH2M Hill, stated CH2M Hill is doing the Streetscape/Infrastructure Improvements for NW/SW 5th Avenue and introduced Diane Borchardt, Project Manager with CH2M Hill. Diane Borchardt, Project Manager with CH2M Hill, gave a brief presentation and overview for the preliminary design for the NW/SW 5th Avenue Project. Mrs. Borchardt stated the entire sidewalk will cost approximately $220,000 which would include Terrazzo the entire length of the three block corridor on both sides of the street except for the driveways. Mrs. Borchardt stated the City would have to decide whether they want the entire length of the corridor to include Terrazzo or just portions of it. Mr. Staudinger stated a regular sidewalk costs approximately $2.00 per square foot, pavers (as like what has been done along Atlantic Avenue) costs approximately $8.00 per square foot, and Terrazzo costs approximately $12.00 per square foot. Mr. Staudinger stated the reason the Terrazzo is a little more expensive is because a -2- 01/13/04 full sidewalk section is completed underneath and this becomes labor intensive and a very beautiful overlay goes on top of it. Ms. McCarthy stated she will be out of town and therefore will not be able to attend the meeting on Thursday. Ms. McCarthy stated a fair amount of money was spent in putting down the pavers on the sidewalks. In other areas of the City, Ms. McCarthy stated people have actually purchased paver bricks for a particular price and suggested that these bricks be moved somewhere else if indeed the Terrazzo were to be put in. Ms. McCarthy stated people in the community may want to purchase these paver bricks and have a name put on them to raise some additional dollars for the Terrazzo because the idea of the Terrazzo sidewalks came from the citizens because of their difficulty walking on the sidewalks in high-heels or due to any physical limitations they may have. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 6-04: Approve Resolution No. 6-04 assessing costs for the demolition of an unsafe structure located at 217 N.W. 9th Avenue. The caption of Resolution No. 6-04 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 6-04 is on file in the City Clerk's office.) 8.B. RESOLUTION NO. 7-04: Approve Resolution No. 7-04 assessing costs for the demolition of an unsafe structure located at 133 N.E. 7th Avenue. The caption of Resolution No. 7-04 is as follows: -3- 01/13/04 office.) 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 EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 7-04 is on file in the City Clerk's 8.C. RESOLUTION NO. 8-04: Approve Resolution No. 8-04 assessing costs for abatement action required to remove nuisances on nine (9) properties throughout the City. The caption of Resolution No. 8-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 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 ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID AS SES SMENTS. (The official copy of Resolution No. 8-04 is on file in the City Clerk's office.) -4- 01/13/04 8.D. ACCEPTANCE OF EASEMENT DEED/LINCOLN PARK AT DELRAY L.L.C.: Approve and accept an easement deed from Lincoln Park at Delray, L.L.C. for public utilities located near Laver's Circle. 8oto THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS 9.A.2. 8oFo GRANTING OF RIGHT-OF-WAY DEED/PALM BEACH COUNTY: Approve the City granting a twelve (12) foot right-of-way to Palm Beach County from the Bexley Park property, located adjacent to Military Trail just north of the L-31 canal, to be used for a right hand mm lane. 8oGo LANDSCAPE AGREEMENT/DAVE BODKER LANDSCAPE ARCHITECTURE/PLANNING, INC./LINTON BOULEVARD: Approve an agreement in the amount of $22,275.00 to Dave Bodker Landscape Architecture/Planning, Inc. to provide landscape architectural services for Linton Boulevard, between Congress Avenue and Military Trail. Funding is available from 119- 4151-572-63.20 (Landscaping/Beautification). 8.H. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/ CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee and provisional ballots for the March 9, 2004 First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy tests. g.I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 1. 8.J. PUBLIC ARTS IMPLEMENTATION COMMITTEE: Approve the Master Plan process as presented and outlined at the December 9, 2003 City Commission Meeting and reauthorize the loan of $15,600.00. Funding is available from 115-1702- 579-31.90 (Other Professional Services). 8.K. SPECIAL EVENT REQUEST/DELRAY AFFAIR: Approve a special event request from the Chamber of Commerce to allow the Delray Affair to be held on April 16-18, 2004; including a temporary use permit per LDR Section 2.4.6(H) for street closures of Atlantic Avenue from NW/SW 1st Avenue to the Intracoastal Waterway and blocking access to Atlantic Avenue on each side street in this area at the alley running parallel to Atlantic Avenue; waiver of LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to event, staff support for security and traffic control, contingent upon specified staff recommended exceptions contained in 1/8/04 memo and the receipt of a hold harmless agreement and certificate of liability insurance. -5- 01/13/04 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 5, 2004 through January 9, 2004. 8omo AWARD OF BIDS AND CONTRACTS: None. Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A.1. RESOLUTION NO. 5-04: Approve Resolution No. 5-04 to extend the Public Arts Implementation Committee through June 2004 and to empower the Committee to assist the City with Public Art Projects. The caption of Resolution No. 5-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPLEALING RESOLUTION NOS. 26-03, 68-03 AND 67-02 AND ENACTING A NEW RESOLUTION ESTABLISHING A NINE MEMBER PUBLIC ARTS IMPLEMENTATION COMMITTEE; PROVIDING THAT CURRENTLY SITTING MEMBERS MAY CONTINUE ON THE PUBLIC ARTS IMPLEMENTATION COMMITTEE, ESTABLISHING THE DURATION OF THE PUBLIC ARTS IMPLEMENTATION COMMITTEE'S EXISTENCE; PROVIDING FOR THE COMMITTEE TO ASSIST THE CITY WITH CURRENTLY ONGOING PUBLIC ART PROJECTS; PROVIDING A REPLEALER CLAUSE, AN EFFECTIVE DATE AND A SUNSET DATE. (The official copy of Resolution No. 5-04 is on file in the City Clerk's office.) Mayor Perlman stated a number of the people on the Public Arts Implementation Committee have resigned. Mayor Perlman stated he does not want the Committee to move forward with anything until there is a full Committee and gave direction to the City Clerk to advertise this as soon as possible so that the appointments can be made at the February 3, 2004 City Commission meeting if possible. Mayor Perlman stated there are a number of applicants interested in serving on this Committee. -6- 01/13/04 Mrs. Archer moved to approve Resolution No. 5-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.A.2. GRANTING OF EASEMENT DEED/LAKE WORTH DRAINAGE DISTRICT: Approve the City granting a forty (40) foot easement to the Lake Worth Drainage District (LWDD) from the Bexley Park property, located adjacent to the L-31 canal and just east of Military Trail. The City Attorney stated she has had conversations today to see if the City can reserve part of the easement for reclaimed water mains. Mr. Levinson moved to approve the proposed easement deed; however, encourage City staff to work with the Lake Worth Drainage District to reserve an area for a reuse water line, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oAo APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/SIGN CRAFT: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding a waiver to Land Development Regulations (LDR) Section 4.6.7(G)(3)(d) for the Marriott Residence Inn, located at 1111 East Atlantic Avenue. (Quasi-JudicialHearing) Mayor Perlman read into the record the City of Delray Beach procedures for conducting a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearing items this evening. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. No ex parte communications were disclosed. Lula Butler, Director of Community Improvement, stated this item is a request from the agent representing the Marriott Residence Inn located at 1111 E. Atlantic Avenue for a waiver to Section 4.6.7(G)(3)(d) of the LDR's governing signs. The waiver request was considered by the Site Plan Review and Appearance Board (SPRAB) at their regular meeting of December 3, 2003. Mrs. Butler stated SPRAB voted 6-0 to deny the waiver request. Section 4.6.7(G)(3)(d) of the LDR's stipulates that free standing signs located within the standard setback may not exceed 20 square feet in size. Mrs. Butler stated the initial sign presented and permitted was graphically depicted showing a copy of 18.2 square feet. The new sign installed failed its final inspection because it exceeded the 20 square feet measuring 29.75 square feet. -7- 01/13/04 The Board felt that the agent did not put forth a significant hardship and the sign could easily be fixed by changing out the panel to meet code. Mrs. Butler stated Section 2.4.7(B) of the LDR's allows the City Commission to grant waivers to this section of the code after making a finding of fact based on one of the following: · The sign shall not adversely affect the neighborhood area · The sign shall not significantly diminish the provision of public facilities · The sign shall not create an unsafe situation; and · The sign does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner Staff's recommendation is to uphold SPRAB's decision to deny the request which will require the owner to replace the sign panel in compliance with code requirements. The City Attorney asked Mrs. Butler to enter the project file into the record to include these minutes of SPRAB, the Agenda, the sign code, and any other documentation. Sandra Beck, President of Sign Craft (applicant), stated the company only installed the sign and when this sign was designed it was correct. However, when the sign was manufactured it was not done properly. Mrs. Beck stated the developer of the property has indicated that the sign has been up for over a year and there have been no complaints. Mrs. Beck stated since the company who manufactured the sign is no longer around to fix it the hardship would be on Sign Craft to fix something that they did not manufacture thus the reason for the waiver request. Mayor Perlman asked if anyone from the public would like to speak on this item, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Butler stated this is not a huge infraction; however, she understands SPRAB's position because the sign can be corrected. Mrs. Archer asked what cost would be involved to reduce the sign. In response, Mrs. Beck stated she does not feel it is as simple as pulling out the panel and stated the approximate cost to re-manufacture the sign is approximately $3,000-$4,000. Ms. McCarthy asked when the final inspection was actually performed. In response, Mrs. Butler stated the sign has been in place for approximately one year and the sign was probably inspected within a month of installation. -8- 01/13/04 Mr. Costin moved to approve the appeal of the Site Plan Review and Appearance Board's decision regarding a waiver to the LDR's for the Marriott Residence Inn, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. The appeal was DENIED with a 4 to 1 vote. 9.B. WAIVER REQUEST EXTENSION/CALYPSO BAY TOWNHOMES: Consider a six (6) month extension of the request to waive Land Development Regulations (LDR) Section 2.4.6(H) regarding temporary use permits to allow an off-site temporary sales office for the Bella Vista Development (Calypso Bay) located at 1020 Miramar Drive. (Quasi-Judicial Hearing) The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mrs. Archer and Mr. Costin had no ex parte communications to disclose. Mayor Perlman stated he received an email from the Beach Property Owners' Association (BPOA). Mr. Levinson and Ms. McCarthy also received the email from the BPOA regarding this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2002-392 into the record. Mr. Dorling stated at its meeting of October 15, 2002, the City Commission approved the waiver for the utilization of an adjoining existing family home as a temporary off-site sales office for Calypso Bay, a 6-unit townhouse project to be located on the west side of Gleason Street approximately 100 feet south of Miramar Drive. The single family residence has been converted to a sales office and the associated parking and landscaping improvements have been installed. The developer has decided not to proceed with the townhouse proposal and has redesigned the site to an 8-unit condominium development known as Bella Vista. Due to the redesign to accommodate the 8-unit condominium development, the applicant has requested a 6-month extension from the October 15, 2003 expiration date to April 15, 2004 for the utilization of the single-family house as a sales office. Mr. Dorling stated staff recommends approval based upon positive findings with respect to LDR Section 2.4.7(B)(5) subject to this limited time and that the only sales operation conducted from this location would be for the eight unit development known as Bella Vista. At this point, the City Clerk swore in the following individual who was not previously sworn in. John Sierra, Northpoint Southpoint Realty Development (applicant), stated the Calypso Bay project is now known as Bella Vista an 8-units condominium development. Mr. Sierra stated they currently have 5-units reserved and are looking for 3 -9- 01/13/04 more units. Mr. Sierra stated they would like to stay in the office for the remainder of the time until they can sell the remaining units and also get their plans into the City for permits. At this point, Mayor Perlman stated if anyone from the public would like to give testimony on this item, to please step forward at this time. Stephen Blum, 115-C Venetian Drive, representing The Antilles Homeowners' Association which is located at the intersection of Venetian Drive and Miramar Street. Their property is adjacent to the single-family home and is currently being used as an office by Southpoint Realty. Mr. Blum stated the neighborhood is zoned for residential use and he feels commercial concerns devalue the character of the neighborhood. Mr. Blum stated for little over a year Southpoint Realty has maintained an office in a single-family home in their residential community. Mr. Blum stated to anyone living or planning to live in their neighborhood this is a permanent commercial enterprise. Mr. Blum stated he feels this is not setting a good precedent. Mr. Blum stated if an extension is granted he suggested the following (1) that it be no more than six months from the end of the last one and no later than April 15, 2004; and that it be understood this is the last extension and on April 15, 2004, the house reverts back to residential use only, (2) the Southpoint Realty sign should be immediately replaced with one that says Calypso Bay or whatever they are selling at that place, (3) the office will be used solely to market Calypso Bay and no other Southpoint projects and will be used for no activities that may create congestion or parking problems. In conclusion, Mr. Blum stated they want to protect the character, value, and integrity of their residential community. Mr. Sierra stated in the request he stated that they would go proactive from the original date of approval for the six months and would be inclined to change the signage or take down the sign that says Southpoint. Mayor Perlman asked about the possibility of this setting a precedent. In response, Mr. Dorling stated this is a unique situation and would not necessarily apply to other projects. However, Mr. Dorling stated the precedent has already been set with the Commission's prior approval for this facility that has already operated for a little over a year. Mr. Levinson commented about a doctor's office across the street and asked if this is a non-conforming use. In response, Mr. Dorling stated this is a non- conforming use and was established when the area was zoned RM-15 which at that time did allow offices; however, the current zoning does not allow this. Mrs. Archer moved to approve a six month extension to April 15, 2004, to include removal of the real estate sign (at this time) and for sales to include no other than Bella Vista, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. -10- 01/13/04 9.C. WAIVER REQUEST/1030 WALLACE DRIVE: Consider a request to waive Land Developmem Regulations (LDR) Section 4.4.i9(H)(2) which requires a ten (ia) foot wide landscape buffer abutting the Wallace Drive right-of-way, located on the west side of Wallace Drive approximately 365 feet south of S.W. l0th Street within the Wallace Drive Redevelopmem Area. (Quasi-Judicial Hearing) The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, emered the Planning and Zoning Departmem project file #2004-032 into the record. Paul Dorling, Director of Planning and Zoning, stated on December 17, 2003, the Site Plan Review and Appearance Board (SPRAB) approved a site plan, which included demolition of approximately 445 square feet of the existing single-family dwelling, the conversion of the balance of the single-family dwelling (1,292 square feet) to office use, construction of a 1,542 square foot office/warehouse addition. This also included landscaping and parking. One of the parking spaces ended up in the from setback along Wallace Drive thus the subject of this request. Mr. Dorling stated staff recommended denial of the location and necessary waiver to place one parking space within five feet of Wallace Drive. The Site Plan Review and Appearance Board (SPRAB) recommended approval of the waiver to LDR Section 4.4.i9(H)(2) which requires the provision of a ten foot (ia') wide landscape abutting the Wallace Drive right-of-way. Staff recommends denial of the waiver request to LDR Section 4.4.i9(H)(2) to reduce the depth of the required landscape buffer from ten feet (ia') to five feet (5'), based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5); and require the site plan modifications to comply with the LDR's. The City Clerk swore in the following individuals who were not previously sworn in. Tony Spirelli, owner/applicam, stated he has concurred with everything the City has requested of them. With regard to the parking space, Mr. Spirelli stated it does not seem logical to back imo Wallace Drive and if this is changed according to staff's recommendation it turns into a right angle into the driveway. Mr. Spirelli stated SPRAB agreed that the property was feasible to allow for this parking space. Mayor Perlman stated if anyone from the public would like to address the Commission regarding the waiver, to please come forward at this time. Brief discussion by the Commission followed. -ii- 01/13/04 Mrs. Archer asked for clarification regarding the parking space. Mr. Dorling stated this is a required parking space and explained that there is a required ten (la') foot setback along Wallace Drive which encroaches and presents a five (5') setback. Mr. Levinson stated he does not think it would be logical to back out on Wallace Drive and does not see the safety concerns if someone were to back out onto Wallace Drive. He feels it would be more logical to back out into the driveway and then drive straight out onto Wallace Drive. Mr. Levinson moved to approve the waiver request to LDR Section 4.4.19(H)(2) to reduce the depth of the landscape buffer from la feet to 5 feet based upon positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to a vote. 9.D. REQUEST TO REDUCE LIENS/ADM PROPERTIES, L.L.C BUYERS INVESTMENT GROUP, INC.: Consider a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group, Inc. to waive the interest and administrative fees totaling $5,388.12 assessed for abating nuisances on two (2) vacant lots located within the second Block of S.W. 11th Avenue. ADM Properties, L.L.C. Buyers Investment Group, Inc. is prepared to pay the remaining lien of $2,914.49. Staff recommends approval. Lula Butler, Director of Community Improvement, stated this item is a request from Real Estate Operations for ADM Properties, LLC Buyers Investment Group to release a portion of liens assessed for abating nuisances for two (2) vacant lots located within the second block of S.W. 11th Avenue. The total amount of the liens is $4,742.06 and $3,560.55 for Lots 1 and 6 of Block 9 within the Atlantic Gardens subdivision. Mrs. Butler stated the Buyers Investment Group acquired both of these lots through tax certificates and they intend to build two single-family homes. The investment group is seeking a 100% release of liens but would accept the Commission's policy to reduce the liens for the amount of the accrued interest and administrative fees assessed. These amounts are $3,012.80 for Lot 1 and $2,375.32 for Lot 6. They are prepared to pay the remaining lien of $2,914.49. Mrs. Butler stated the area where the two lots are located is zoned RM and this zoning does not change under the SW Neighborhood Plan. Mrs. Butler stated single-family homes are allowed as long as they follow R-1-A zoning regulations. Staff recommends approval to reduce the liens in the amount of $3,012.80 and $2,375.32 and providing that the City's out-of-pocket costs be paid within 30 days from City Commission approval and that the release of liens shall be coordinated with the submission of the required building permits for the two single-family homes. Ms. McCarthy moved to approve the request from Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group, Inc. to waive the interest and - 12- 01/13/04 administrative fees ($3,012.80 for Lot 1/Block 9 and $2,375.32 for Lot 6/Block 9) assessed for abating nuisances on two vacant lots located within the second block of S.W. 11~h Avenue, subject to conditions as recommended by staff, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.E. PROPOSAL TO CHANGE POLICE/FIRE PENSION MULTIPLIER: Provide direction regarding proposal to change the Police and Fire Pension Multiplier. The City Manager reminded the Commission that this is a combination meeting Work Session and formal meeting and should be looked at as a Work Session item. At the September 16, 2003 Work Session, the Commission discussed the request from Firefighters' and Police Officers' to increase the multiplier for their pension plan from 3% to 3½%. At the conclusion of that meeting, the Commission directed staff to have the Actuary price out several different alternatives including the impact of using assumptions on salary growth and investment returns consistent with what has been experienced over the last 10-12 years and also try and come up with an approach which was acceptable to both employees and the City Manager's office for funding such a change if the Commission decided to go forward. The City Manager stated the actuary states in his letter that the assumptions being used are appropriate at this time and he does not see the need for a change. The City Manager stated there are five different alternatives for funding such a change if the Commission wishes to do so and discuss those with representatives of the Police Officers' and the Firefighters' union. The City Manager stated they have indicated they could support options #4 or #5. Subsequent to the meeting, the City Manager suggested that something be done between option #4 & #5 where the City could pick up part but not all of the costs of the prior service for the effected employees so that the employee contribution could be set at more than 5.19% but less than 9.79%. Brief discussion by the Commission followed. It was the consensus of the Commission to increase the multiplier for the Firefighters (IAFF) and Police Officers (PBA) Pension Plan from 3% to 3½%; employees contributing 6% of their salary with the City paying any additional costs; and, that the employee have the choice to opt for the 3½% multiplier. However, if the employee chooses to opt in at 3½%, the employee can never return to the 3% multiplier. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ stated six months ago the Delray Beach Bicycle Pedestrian Task Team presented their recommendations to the City Commission. Mr. Smith stated since then a cyclist was critically injured while -13- 01/13/04 riding his bicycle along A1A, another cyclist was killed on Congress Avenue and S.W. l0th Street, and a pedestrian was killed while crossing Military Trail. Mr. Smith stated these four streets are all recommended Pedestrian/Bicycle Master Plan routes. Mr. Smith stated Delray Beach ranks first among all the other 30 plus municipalities in Palm Beach County in the number of bicycle crashes. Mr. Smith stated during the past five years Delray Beach has had more than twice as many bicycle crashes per mile as Boca Raton. Mr. Smith requested that the City Manager complete the review process so that the Commission may begin their recommendation phase specifically starting by creating a permanent Citizens Volunteer Bicycle/Pedestrian Committee approving the submission of an application for State funding of a coordinator by the March 31, 2004 deadline and adopting the recommended Bicycle/Pedestrian Master Plan routes. ll.B.2. Charles Bonfield, 220 MacFarlane Drive (S-1203), Delray Beach, strongly supports the recommendations of the Bicycle/Pedestrian Task Team and suggested that the City Manager and the Commission put this issue on a rapid review path because he feels the longer this issue is postponed the harder it will be to facilitate these plans. Mr. Bonfield stated if the City forms one, he would volunteer to serve on a Bicycle/Pedestrian Committee. ll.B.3. Robin Segal, 17293 Antigua Point Way, Boca Raton, strongly supports the recommendations of the Pedestrian/Bicycle Task Team and stated she has skated and biked in two other states and three other cities in Florida and now that she lives here she would like to see pedestrian and bike paths along A1A in Delray Beach south to Highland Beach. In addition, Ms. Segal stated if the City forms one, she too would volunteer to serve on a Bicycle/Pedestrian Committee. At this point, the Commission moved to back to the Regular Agenda. 9.F. ENGINEERING CONSULTING AGREEMENTS: Discuss criteria for Engineering Consulting Agreements. Richard Hasko, Director of Environmental Services, stated per the direction of the City Commission staff performed a study/re-evaluation of the criteria that the City of Delray Beach has been using to evaluate consultant responses to RFQ's. Mr. Hasko stated the agencies solicited are considered representative of our area with regional governing bodies including Palm Beach County and the Palm Beach County School District, and local agencies consisting of three of the four largest municipalities in the County. Mr. Hasko stated the Consultant Evaluation Criteria included (1) Personnel Expertise and Qualifications (1-40 points or 40%), (2) Firm Experience (1-30 points or 30%), (3) Governmental Experience (1-10 points or 10%), and (4) Availability and Commitment of Resources (1 to 20 points or 20%). The Ranking Committee will evaluate respondents using the above criteria. Individual Raters' evaluations will reflect total points scores and rankings based on those scores. Overall rankings will be determined on the basis of the total point scores from evaluation sheets completed by the Rating Committee. Ties will be resolved on the basis of the cumulative ranking of the individual Committee members (the Firm with the - 14- 01/13/04 highest number of the highest rank would prevail). Mr. Hasko stated he recommends sending a notification attaching the new criteria to all of the respondents so that they have the opportunity to review the criteria by which they are going to be graded giving them a time specific opportunity to submit additional materials if the choose to do so. Mr. Hasko stated after speaking with Commissioner Levinson today, staff modified their recommendation by taking out Location of Project Team (1-10 points or 10%) as a criteria and increased the Availability and Commitment of Resources (1 to 20 points or 20%). Brief discussion by the Commission followed. Mr. Levinson thanked Mr. Hasko and feels this will give the City the best quality engineering firm. The rest of the Commission concurred with Mr. Levinson's comments and commended Mr. Hasko for a job well done. It was the consensus of the Commission to approve the consultant selection criteria to include the modified Exhibit "C". 9.G. SPECIAL EVENT REQUEST/CELEBRATE THE SOUL OF DELRAY 2004: Approve a special event request for the fourth "Celebrate the Soul of Delray" event to be held on Sunday, March 6, 2004 from 10:00 a.m. to 9:00 p.m., including a temporary use permit per LDR's Section 2.4.6(H) for street closure/use of Atlantic Avenue from Swinton Avenue to NW/SW 5~h Avenue, use of Tennis Center parking lot and clubhouse and the large covered City stage; a waiver of sign code to allow event signage more than one week in advance, provide staff support for security and traffic control, barricade set up, trash clean up/removal, EMS services, use of City trash containers and signage; and waiver of overtime costs; contingent upon sponsor providing certificates of liability insurance and liquor liability insurance, and a hold harmless agreement. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the 4~h Annual Celebrate the Soul of Delray proposed to be held on Saturday, March 6, 2004 from 10:00 a.m. to 9:00 p.m. to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of the Atlantic Avenue right-of-way from Swinton Avenue to NW/SW 5~h Avenue and the Tennis Center parking lot, to authorize use of the Tennis Center Clubhouse and the large covered City stage. Staff support is requested for traffic control and security, barricading, trash removal and clean up, EMS services, use of City trash containers and signage. The event sponsor would be required to manage the event. The estimated City cost is approximately $12,645 and provided WARC agrees to be the 501(c)(3) sponsor, per policies and procedures the estimated payment to the City would be $1,322.50. If the Commission approves the event request staff recommends approval of the seven (7) conditions outlined on page two of the Agenda backup memorandum. -15- 01/13/04 Mr. Levinson commented about the event starting at 10:00 a.m. and stated historically this time is very early for people to be coming out. Clay Wideman, representing the West Atlantic Avenue Corridor/President of the Delray Merchant's Association, stated he feels this is a sufficient starting time because the vendors and all the people involved in the event need sufficient time to get prepared. Mr. Wideman stated in his opinion he has found that if the start time is any later, too many difficulties arise. Mayor Perlman asked if Mr. Wideman has received firm commitments from the corporate sponsors. Mr. Wideman stated he requested $20,000 from the County and they actually awarded $10,000 and there have also been some verbal agreements from the corporate sponsors. Mayor Perlman noted a correction to the Event Budget and stated the CRA/DDA policies should read $500 not $1,000. Ms. McCarthy stated Mr. Wideman has matured and grown with this event and his entity is one of the very few entities that hold an activity of this magnitude West of Swinton Avenue. Ms. McCarthy stated Mr. Wideman has been very honorable in his commitment to the City of Delray Beach and commented about the Event Budget being a "proposed" budget. Mr. Wideman recognized and commended the Delray Merchant's Association Board for their assistance. Ms. McCarthy moved to approve the special event request for the 4th Annual Celebrate the Soul of Delray to be held on Sunday, March 6, 2004 from 10:00 a.m. to 9:00 p.m. as outlined with the seven (7) conditions listed on page two of the Agenda backup memorandum, seconded by Mr. Costin. Upon roll call the Commission as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oHo APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and Firefighters Retirement System Board of Trustees to fill an unexpired term ending June 30, 2004. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1). Mr. Costin moved to appoint Kenneth Rubin as a member to the Police and Firefighters' Retirement System Board of Trustees to fill an unexpired term ending June 30, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9oio APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone One for an unexpired term ending October 31, 2005. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). -16- 01/13/04 Mr. Levinson moved to appoint Arthur Brown as a member to the Neighborhood Advisory Council for Zone One for an unexpired term ending October 31, 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Harvey Starin as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005. Mr. Costin so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.K. SPECIAL MEETING/JANUARY 22, 2004: Discuss the Special Meeting scheduled for January 22, 2004 to ratify the Bond Election. The City Manager stated there was a conflict between the Commission meeting and the Sister Cities meeting. However, the City Manager stated the problem has been resolved. At this point, the time being 7:00 p.m., the Commission moved to the Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: None. ll.A. City Manager's response to prior public comments and inquiries. With regard to the Imperial Villas issue, the City Manager stated the work currently being done on the slope roofs appear to be in compliance with the Building Code. The City Manager stated the contractor is using a proper underlayment and there is a still a conflict with the type of shingles that are being installed. The contractor needs to provide an Engineer's report documenting that both the construction application and materials used to date are in compliance with the Standard Building Code prior to the final building inspections and certificate of occupancy being issued. In addition, the City Manager stated with regard to the flat roofs, the contractor installed new material on top of the existing roof without removing anything. There are materials available that it would be appropriate to do in that way. Therefore, this is a contract issue which is a private matter between the homeowners' association and the contractor. The City Manager reiterated that staff will be looking for an Engineer's certification that the materials applied to the flat roof are appropriate to applied without removing the old roof. The City Manager stated staff is attempting to set up another meeting with the Chairman -17- 01/13/04 of the Board and their agent and at that meeting staff will insist on a specific date by which they are to obtain the Engineer's report and if they do not, the City will then issue a Notice of Violation and report the contractor to the Contractor's Certifying Board. Secondly, with regard to comments expressed by Mayor Perlman with regard to receiving telephone calls alleging that the Watershed Rehabilitation Facility is going beyond their scope in performing medical treatments, the City Manager stated the physical appearance there appear to be no apparent changes. The City Manager stated staff received a letter from their Attorney dated December 9, 2003, addressing the issue of the nurses' station and the overall operation at Palm Gardens Apartments and violation notices have been issued for the appropriate code infractions. The last inspection done at Palm Gardens indicated that one apartment leased to Watershed was being utilized as a combination food storage area with several refrigerators/freezers, maintenance office, meeting area and nurses station. The City Manager stated Watershed assures the City of Delray Beach that it will relocate from Palm Beach Gardens Apartments on Linton Boulevard to its new facility in Boynton Beach prior to the spring of this year. The City Manager stated it is the intention of Watershed to cease operations within Delray Beach well within the 18 months time frame provided for in Section 397.403(1)(f) of the Florida Statutes. Lastly, the City Manager stated he enjoyed the Mayor's comments at the Mayor's Prayer Breakfast. 12. FIRST READINGS: None. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments and inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments and inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Mrs. Archer Mrs. Archer stated she enjoyed the Mayor's comments at the Mayor's Prayer Breakfast. Secondly, Mrs. Archer stated she received a letter from the Moshi Municipal Council requesting input from the City Commission in their construction of a -18- 01/13/04 secondary school for a dispensary and health center. Mrs. Archer asked the City Manager to respond and see if there is some type of assistance the City could provide. Mrs. Archer stated in the last seven days she has seen instances of bicyclists going against the traffic, turning in front of oncoming traffic, going through red lights and switching from the sidewalk to the street in front of motor vehicles at Congress Avenue and Military Trail, Atlantic Avenue and Military Trail, Federal Highway and Atlantic Avenue, and A1A and Casaurina. Mrs. Archer stated she would like to see better enforcement of the bicyclists' adherence to traffic rules. Furthermore, Mrs. Archer commented she understands there are accidents taking place all over Palm Beach County, however, after what see has witnessed this past week, she feels some of this is participated by the bicyclists'. Mrs. Archer stated she sympathizes that we are in need of bicycle and pedestrian lanes and also believes we need to support the laws of bicyclists as well. 13.C.2. Commissioner Costin Mr. Costin stated he too was very appreciative of the heartfelt comments expressed by Mayor Perlman at the Mayor's Prayer Breakfast. Secondly, Mr. Costin stated he will be out of town next week and he has already voted by absentee ballot in the Special Election. 13.C.3. Commissioner McCarthy Ms. McCarthy commented about the Mayor's Prayer Breakfast and stated Mayor Perlman has the talent to tell the story whether it is his story or someone else's story. Ms. McCarthy thanked Mayor Perlman for sharing his story with everyone who was in attendance and stated it was very well done. Ms. McCarthy announced she will be going out of town and therefore will not be at the meetings at the end of this week. 13.C.4. Commissioner Levinson With regard to Mayor Perlman's speech at the Mayor's Prayer Breakfast, Mr. Levinson commended Mayor Perlman for a job well done. Secondly, Mr. Levinson inquired about the insurance Services Organization (iSO) inspection and asked if the Fire Chief would advise Commission if they need to participate. The City Manager stated staff would advise them if they are needed. Mr. Levinson commented about the Boca City Newsletter and requested that this Newsletter be given to ivan Ladizinsky, Public information Officer. -19- 01/13/04 Mr. Levinson stated it was good to see the Weed and Seed information and commented the Weed and Seed Program has had a significant impact in that part of the neighborhood with substantial decreases in crime. Mr. Levinson expressed his disappointment over a document sent out by the League of Women Voter's regarding the Special Election which he feels was too complicated and not very readable. Mr. Levinson stated the City Manager took the time to amend it to try and make it simpler and Mr. Levinson stated he was under the impression that this is what was going out; however, the original was sent out instead. Mr. Levinson apologized for this mishap and stated as a member of the League, he would be talking to them about it. With regard to A1A, Mr. Levinson stated he is receiving correspondence directed to him that does not appear to be copied to anyone. Mr. Levinson stated he will deliver the correspondence to staff so that any that has not been distributed can be redistributed. Mr. Levinson stated when the City Commission approved the Resolution for the Boca Middle School to be "Choice School" that they wanted to have an Active Outreach Program to solicit parents. Mr. Levinson stated he was disappointed to see in the newspaper today comments from A1 Williams that it would fall on his shoulders and other community activists to take on that responsibility. Mr. Levinson stated this was clearly not the intent of the Commission had and asked the City Manager to follow-up to ensure that the City has an Active Outreach Program for sign-ups for the school. Mr. Levinson stated this is a great opportunity for Delray Beach students who choose to go to that school there. Mr. Levinson commended staff for being responsive to Commission's suggestions. Mr. Levinson stated the Commission continues to hear good comments about City staff and congratulated everyone for doing a great job. 13.C.5. Mayor Perlman Mayor Perlman stated he is receiving very good feedback on the Bond Issue and appreciates the efforts of the Commission for helping out with their service organizations and associations. Secondly, Mayor Perlman stated he went to the Palm Beach Post Editorial Board today and stated this was a very interesting experience. Mayor Perlman stated he will be visiting the Sun-Sentinel on Thursday and is hoping the City will get some support from the Editorial pages as well. Mayor Perlman stated he attended the Leadership Delray's Education Panel and commented it was very informative. Mayor Perlman stated the School Board Chairman was there talking about the overview of what was happening throughout the district and his comments were very good. Mayor Perlman stated his task was to discuss the City's involvement in both public and private schools. - 20 - 01/13/04 Mayor Perlman stated he has been receiving a steady stream of emails on complaints about motorcycle noise. Mayor Perlman stated it appears a lot of the motomycle noise is happening along A1A. Mayor Perlman stated this is a real quality of life issue and asked that staff continue to issue tickets not just warnings. Mayor Perlman annotmced that Jamie DeVoursney (age 9) from Unity School of Delray Beach was selected to student shadow the Mayor this evening. Mayor Perlman stated he has really enjoyed Jamie's company this evening. Mayor Perlman stated he gave Jamie a tour of City Hall and they briefly attended the opening of Northern Trust. Mayor Perlman stated Jamie will also be present for the Office Depot presentation tomorrow at 11:00 a.m. There being no further business, Mayor Perlman declared the meeting adjourned at 8:15 p.m. City Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on January 13, 2004, which Minutes were formally approved and adopted by the City Commission on February 3, 2004 City Clerk 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 as set forth above. -21 - 01113/04