Loading...
03-11-04 MinutesMARCH 11~ 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., Thursday, March 11, 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 Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, Deputy City Clerk At this point, Mayor Perlman stated he would like to have a moment of silence in memory of Mary Hooks, former City Commissioner of West Palm Beach and former Florida Secretary of Labor who also served on the Tourist Development Council of Palm Beach County. In addition, Mayor Perlman stated he would like to have a moment of silence in memory of the victims of the violence last night in the city. 2_ The opening prayer was delivered by Pastor Klay Lakeview Baptist Church. Aspinwall with o given. The Pledge of Allegiance to the flag of the United States of America was o AGENDA APPROVAL. Mayor Perlman stated Item 7.A., Presentation - 15th Annual Del- Aire/Delra¥ Citizens for Delra¥ Police - Charities Golf Tournament to benefit Delra¥ Beach Fire-Rescue and Police Departments - Perry DonFrancisco will be postponed to the regular meeting of March 16, 2004. Mayor Perlman requested that Item 9.A., Appeal of Administrative Interpretation/Hotel Vista Del Mar be postponed to the regular meeting of April 13, 2004. The City Attorney requested that Item 9.F., Resolution No. 13-04 be postponed to the regular meeting of March 16, 2004 for a public hearing. 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: Mr. Levinson noted a typographical error to page 8 (Item 9.H.) of the Minutes from the Regular Meeting of February 17, 2004. Mr. Costin moved to approve the Minutes of the Regular Meeting of February 17, 2004, as amended, 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 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of February 24, 2004, seconded by Mr. Levinson. 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. Mr. Levinson moved to approve the Minutes of the Special Meeting of February 27, 2004, seconded by Ms. McCarthy. 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. o PROCLAMATIONS: 6oAo Recognizing American Red Cross Month - March 2004 Mayor Perlman read and presented a proclamation hereby proclaiming March 2004 as American Red Cross Month in Delray Beach. A representative from the American Red Cross came forward to accept the proclamation. ° PRESENTATIONS: 7.A. 15th Annual Del-Aire/Delray Citizens for Delray Police - Charities Golf Tournament to benefit Delray Beach Fire Rescue and Police Departments - Perry DonFrancisco This item has been postponed to the regular meeting of March 16, 2004. 7.B. Recognition and Presentation of Employee Recognition Bonus' to Environmental Services, Water Treatment Plant Employees for developing an alternative cost effective water treatment process -2- 03/11/04 Richard Hasko, Director of Environmental Services, stated he is very proud of his staff and commended them all for a job well done. Dan Beatty, Deputy Director of Public Utilities, stated as a result of John Bullard's effort as well as 24 other employees in the Environmental Services Department and Water Treatment Plant, they were able to reduce the color of the water by 35% reducing the operating costs by over $250,000 (not including the $5,000,000 that it would have cost to build the facility) to operate the Anion Exchange Plant. Mr. Beatty stated he is extremely proud of the entire staff. Mayor Perlman stated this is a great achievement and the savings are enormous. He thanked all the employees for everything they do on a daily basis for the City of Delray Beach. Mr. Beatty recognized and presented the following individuals with their awards: · John Bullard · Cliff Marion · Clive Grant · Bill Pitschman · Bob Bullard · Devon Miller · Doug Stryjek · Clayton Gilbert · N'Detenga n'Gurumo · Milton Willingham · Tom Barratt · Bob Williamson · Tracy Bean · Scott Solomon · William Blake · Pedro Prado · Bob DeSisto · Rita Taylor · Ramon Hernandez · Fengli Yang · Cesar Irizarry · Chris Cavalere · Gil Ironside · Tom Kirkham · Terry Kinley CONSENT AGENDA: City Manager Recommends Approval. g.A. COMBINED PRELIMINARY/FINAL BOUNDARY PLAT APPROVAL/ TENTH STREET COMMERCE PARK PLAT II : Approve the boundary plat for the Tenth Street Commerce Park Plat II, a 12-bay mixed industrial and commercial development, located on the south side of S.W. l0th Street, approximately 480 feet west of S.W. l0th Avenue. 8.B. RESOLUTION NO. 18-04: Approve Resolution No. 18-04 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. The caption of Resolution No. 18-04 is as follows: -3- 03/11/04 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 ASSESSMENTS. office.) 8.C. (The official copy of Resolution No. 18-04 is on file in the City Clerk's GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND LIGHT: Approve a utility easemem graining to Florida Power and Light the means to install/maimain an underground power line on City owned property as a result of the construction of the parking garage and library. 8.D. RESOLUTION NO. 16-04: Consider approval of Resolution No. 16-04 authorizing the City to transfer and exchange certain real property with the Florida Inland Navigational District (FIND) and the Delray Harbor Club. The caption of Resolution No. 16-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO EXCHANGE REAL PROPERTY OWNED BY THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ON THE EAST SIDE OF SOUTH FEDERAL HIGHWAY SOUTH OF 10TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN AND IN ACCORDANCE WITH THAT REAL PROPERTY EXCHANGE AGREEMENT BETWEEN THE PARTIES TO BE UTILIZED FOR PARK PURPOSES; PROVIDING AN EFFECTIVE DATE. -4- 03/11/04 office.) 8.E. legislation intersections. (The official copy of Resolution No. 16-04 is on file in the City Clerk's RESOLUTION NO. 19-04: Approve Resolution No. 19-04 supporting authorizing the installation of traffic infraction detection devices at The caption of Resolution No. 19-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING LEGISLATION RELATING TO TRAFFIC INFRACTION DETECTION DEVICES AT INTERSECTIONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA, THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES, TO EACH MEMBER OF THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, TO THE MEMBERS OF THE PALM BEACH COUNTY BOARD OF COMMISSIONERS, TO THE MAYORS OF PALM BEACH COUNTY, TO THE PALM BEACH LEAGUE OF CITIES AND TO THE FLORIDA LEAGUE OF CITIES; PROVIDING FOR A REPEALER CLAUSE; AND AN EFFECTIVE DATE. office.) (The official copy of Resolution No. 19-04 is on file in the City Clerk's 8.F. QUIET TITLE/COUNTY PARCELS: Consider authorization to Quiet Title for six (6) of the seven (7) parcels acquired from Palm Beach County. 8.G. AMENDMENT NO. 1/PLAYERS INTERNATIONAL MANAGEMENT, INC. (PIM) AGREEMENT: Consider approval of Amendment No. 1 to the Players International Management, Inc. (PIM) Agreement providing for a change in the name of the event and clarification of programs, concessions, and advertising requirements. 8.H. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement in the amount of $15,625.00 with sub-recipient Delray Beach Housing Authority for SEEDTECH Technology under the Weed & Seed program for FY 2003-2004. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). 8olo CHANGE ORDER NO. 2/FINAL PAYMENT/MORA ENGINEERING CONTRACTORS, INC.: Approve Change Order No. 2 in the -5- 03/11/04 amount of a $4,081.14 decrease, and final payment in the amount of $14,267.78 to Mora Engineering Contractors, Inc. for the Reclaimed Water Main Construction, High School Site Project. Funding is available from 441-5181-536-65.96 (Water & Sewer/Reclaimed Water Transmission). go Jo HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $16,091.25 to Craftsman Plus, Inc. (322 S.W. 1st Avenue), $24,638.25 to Sun Band Builders (402 S.W. 15th Avenue), and $20,921.25 to Henry L. Haywood (323 N.W. 4th Avenue). Funding is available from 118-1924-554- 49.19 (SHIP Housing Rehabilitation Grant). 8.K. SPECIAL EVENT REQUEST/6th ANNUAL GARLIC FESTIVAL: Approve a special event request for the 6th Annual Garlic Festival to be held November 12-14, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for use of City st st nd rights-of-way (N.E. 1 Avenue from Atlantic Avenue to N.E. 1 Street and N.E. 2 Avenue from the alley just north of Atlantic Avenue to N.E. 1st Street on November 11th at 6:00 a.m.), and the north side of City Hall parking lot; granting a waiver per LDR Section 4.6.7(D)(3)(j)(ii) to allow signs and banners to be placed more than one week prior to the event, staff assistance as outlined in the attached letter; contingent upon sponsor providing a certificate of insurance, liquor liability insurance, and a hold harmless agreement. 8.L. SPECIAL EVENT REQUEST/SCHOOL SHOWCASE OF THE ARTS/SOUTH FLORIDA PARENTING BLOCK PARTY: Approve a special event request to allow the School Showcase of the Arts - South Florida Parenting Block Party sponsored by the Delray Beach Education Board and South Florida Parenting to be held on the grounds of Old School Square on April 24 and 25, 2004 from 10:00 a.m. until 5:00 p.m.; granting a waiver per LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be put up more than one week prior to the event and to authorize staff support for security and traffic control, trash removal, EMS services, and barricading. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 16, 2004 through March 5, 2004. 8oNo AWARD OF BIDS AND CONTRACTS: ° Purchase award to Selectron Technologies, Inc. in the amount of $50,400.00 and Sungard HTE, Inc. in the amount of $8,050.00 for a total amount of $58,450.00 for the purchase of an Interactive Voice Response System, including software, hardware, and installation. Funding is available from 334-6111-519-66.10 (General Construction Fund/Software), 334-6111-519-64.11 (General Construction Fund/Computer Equipment) and 001-2721- 524-66.10 (General Fund/Software). Purchase award to Fisher Scientific Company in the amount of -6- 03/11/04 $44,420.95 via the Broward Co-op Bid for thirty-five (35) sets of replacement fire fighting personal protective clothing. Funding is available from 001-2311-522-52.22, 001-2313-522.52.22, and 001- 2315-526.52.22 (Uniforms/Linen). Purchase award to Biosite, Inc. in the amount of $47,500.00 for ten (10) portable cardiac enzyme detection devices known as the Triage Cardiac System. Funding is available from 001-2315-526- 64.90 (Fire Operations/Other Equipment). Various bid awards in the amount of $313,474.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312- 591-64.20 (Central Garage Fund/Automotive). Bid award to Tanner Industries at an estimated annual cost of $18,550.00 via the City of Boynton Beach Co-op Bid #035-2821- 04/CJD for the purchase of anhydrous ammonia. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). Contract award to Almazan Brothers, Inc. in the amount of $143,508.00 for the Alley at Ocean City Lumber Block 84 Water Main and Drainage and Dixie Highway/S.E. l0th Street Drainage Improvement Project. Funding is available from 442-5178-536- 63.50 (Water Main Upgrades) and 448-5461-538-65.77 (Old Dixie Highway). 8.0. RESOLUTION NO. 21-04: Approve Resolution No. 21-04 supporting the nomination of the City of Delray Beach for the Florida League of Cities Florida City of Excellence Award. The caption of Resolution No. 21-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING THE CITY OF DELRAY BEACH, FOR THE FLORIDA LEAGUE OF CITIES, INC., FLORIDA CITY OF EXCELLENCE AWARD. (The official copy of Resolution No. 21-04 is on file in the City Clerk's office.) 8.P. RESOLUTION NO. 22-04: Approve Resolution No. 22-04 supporting the nomination of Mayor Jeff Perlman for the Florida League of Cities Mayor of the Year Award. The caption of Resolution No. 22-04 is as follows: -7- 03/11/04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING MAYOR JEFF PERLMAN FOR THE FLORIDA LEAGUE OF CITIES, INC., MAYOR OF THE YEAR AWARD. office.) (The official copy of Resolution No. 22-04 is on file in the City Clerk's 8.Q. RESOLUTION NO. 23-04: Approve Resolution No. 23-04 supporting the nomination of David T. Harden for the Florida League of Cities City Manager of the Year Award. The caption of Resolution No. 23-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING DAVID T. HARDEN, CITY MANAGER OF THE CITY OF DELRAY, FLORIDA FOR THE FLORIDA LEAGUE OF CITIES, INC., CITY MANAGER OF THE YEAR AWARD. office.) (The official copy of Resolution No. 23-04 is on file in the City Clerk's 8.R. RESOLUTION NO. 24-04: Approve Resolution No. 24-04 supporting the nomination of Lula Butler for the Florida League of Cities City Employee of the Year Award. The caption of Resolution No. 24-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOMMENDING LULA BUTLER FOR THE FLORIDA LEAGUE OF CITIES, INC., CITY EMPLOYEE OF THE YEAR AWARD. office.) (The official copy of Resolution No. 24-04 is on file in the City Clerk's 8.S. RESOLUTION NO. 25-04: Approve Resolution No. 25-04 supporting the nomination of David T. Harden for the International City Managers' Association (ICMA) Award for Career Excellence. The caption of Resolution No. 25-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, -8- 03/11/04 RECOMMENDING DAVID T. HARDEN, CITY MANAGER OF THE CITY OF DELRAY, FLORIDA FOR THE INTERNATIONAL CITY MANAGER'S ASSOCIATION AWARD FOR CAREER EXCELLENCE. (The official copy of Resolution No. 25-04 is on file in the City Clerk's office.) Mr. Costin moved to approve the Consent Agenda, 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. o REGULAR AGENDA: 9.A. APPEAL OF ADMINISTRATIVE INTERPRETATION/HOTEL VISTA DEL MAR: Consider an appeal of an administrative interpretation relating to the Hotel Vista Del Mar Project, located at 64 South Ocean Boulevard. (Quasi-Judicial Hearing) This item has been postponed until the regular meeting of April 13, 2004. 9.B. CONDITIONAL USE REQUEST/VILLAS IN THE GROVE: Consider a request for conditional use approval to allow for a density in excess of 30 units per acre and to allow for building height up to 60 feet in the Central Business District (CBD), for the Villas in the Grove, a proposed mixed-use development, located at the northeast corner ofN.E. 1st Street and N.E. 2nd Avenue (approximately 2.1 acres). (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent items. The Deputy 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. Mr. Levinson stated he spoke to Michael Weiner, Anthony Pugliese, and Meryl Stumberger. Ms. McCarthy stated she too spoke to Michael Weiner, Anthony Pugliese, and Meryl Stumberger at a separate meeting. Mayor Perlman stated he spoke to Michael Weiner, Anthony Pugliese, Meryl Stumberger, and Francisco Perez-Azua. Mr. Costin stated he spoke to Michael Weiner, Anthony Pugliese, and Meryl Stumberger at a different meeting as well. Mrs. Archer stated she spoke to all of the individuals listed above at a separate meeting and individually as well. Jeff Costello, Assistant Planning and Zoning Director, entered the Planning and Zoning Department project file #2004-084 into the record. -9- 03/11/04 Mr. Costello stated the development proposal consists of the demolition of the one-story building adjacent to the F.E.C. Railroad and north of the two-story portion of the "Creations of Delray Beach" building that is to be retained; and construction of a four-story mixed-use building along Pineapple Grove Way. The proposed five-story building will consist of two and one-half levels of parking and three levels of residential dwelling units, six (6) retail bays totaling 8,056 square feet, two (2) office bays totaling 2,138 square feet and a sheltered parking area. At its meeting of February 23, 2004, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. Testimony was given by two (2) members of the public in opposition to the requests. After deliberation, the Board recommended approval of both conditional use requests on a vote of 4-0 (Bochardt and Pike absent), based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations (LDR) Chapter 3, LDR Sections 2.4.5(E)(5), 4.3.4(J)(4)(b), and 4.4.13(I) and the Pineapple Grove Main Street Neighborhood Plan. Francisco Perez-Azua, Architect for Villas in the Grove Development, stated the conditional use is required to obtain permission to build a total of 90 units (43 units per acre) and the five-story portion of the project. Mr. Perez-Azua briefly explained the building elevations for this project and stated approximately 32% of the property stays at ground level, 29% is a four-story area, and 11% of the property is a two-story area. Michael Weiner, Attorney representing the applicant, briefly explained how the applicant meets all the requirements and urged the Commission to vote in favor of this project. Mayor Perlman declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Archer stated she is ecstatic about the project and feels that Mr. Perez-Azua has done an outstanding job. Mr. Costin stated he too is very pleased with the project. Brief discussion followed by the Commission. Mr. Costin asked what percentage of parking is dedicated for the commercial space. Mr. Perez-Azua stated out of the 259 spaces 90 of those parking spaces are dedicated and the rest are shared. Mrs. Archer moved to approve the conditional use request for Villas in the Grove to allow a height in excess of 48' (58'-2") based upon positive findings with respect to Land Development Regulations Sections 2.4.5(E)(5) and 4.3.4(J)(4)(b), subject to the conditions listed on page 20 of the Planning and Zoning Board Staff Report with -10- 03/11/04 the exception of condition #4, seconded by Mr. Levinson. 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. Mr. Costin moved to approve the conditional use request for Villas in the Grove to allow a density in excess of 30 units per acre (43 du/ac) within the Central Business District, based upon positive findings with respect to the objectives and policies of the Comprehensive Plan, Land Development Regulations Chapter 3, Sections 2.4.5(E)(5), and 4.4.130) and the Pineapple Grove Main Street Neighborhood Plan, subject to the conditions listed in the Planning and Zoning Board Staff Report with the exception of condition #4 as listed on page 20 of the Planning and Zoning Board Staff Report, seconded by Mr. Levinson. 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.C. RECONSIDERATION OF REQUEST TO REDUCE LIENS/ADM PROPERTIES, L.L.C BUYERS INVESTMENT GROUP LIMITED, INC.: Reconsideration of a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. to waive liens totaling $8,302.61 assessed for abating nuisances on two (2) vacant lots located within the second Block of S.W. 11th Avenue. Staff recommends a partial waiver and accepting payment of the City's actual out-of-pocket costs, $2,914.49, by ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. with conditions. Lula Butler, Director of Community Improvement, stated this item is a reconsideration of an item that was heard and approved by the City Commission on January 13, 2004 from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, LLC Buyers Investment Group to release a portion of the liens assessed for abating nuisances for two (2) vacant lots located within the second block of S.W. 11th Avenue. The lien amounts are $4,742.06 and $3,560.55 for vacant parcels identified as Lots 1 & 6 of Block 9 within the Atlantic Gardens subdivision. The recommendation came with the understanding that the City's out-of-pocket costs were to be paid within thirty (30) days from City Commission approval and that the City would hold the release of the lien until the submission of the required building permit for the two single family homes. The agent representing the Investment Group alleges that they were unaware of the scheduled agenda item and were not notified of this approval, thus they missed the 30-day pay-off of the outstanding balances. Staff recommends that the Commission uphold their motion from the January 13, 2004 meeting. Mrs. Archer moved to reconsider the request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc., 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. -11- 03/11/04 Mr. Levinson stated he feels the City has complied with previous policies in what has been done consistently in terms of waiving the fees other than the out-of- pocket cost. Ms. McCarthy stated the Commission took the time to develop a policy last year so that the City would be able to help people build single-family homes and keep them affordable. Mayor Perlman stated he cannot support full waivers or partial waivers because he feels there is a significant amount of development interest in the City of Delray Beach and the City does not need the incentive. Alan Mentser, President of Buyer's Investment Group Ltd., Inc. and ADM Properties, L.L.C., introduced Jim Drosakis, Director of Real Estate Operations; stated most of the properties acquired are through Tax Deed sales and have to go through a Quiet Title process. Mr. Mentser urged the Commission to approve the recommendation of staff with the addition of a complete release of lien upon tender of payment so they can file their Quiet Title actions, obtain good and marketable title, and be able to have their funding in place for construction. After brief discussion, the Commission stated the release of liens will be upon submission of the required building permits. Mr. Levinson moved to approve to reinstate the original waiver of the fees as calculated on January 13, 2004, and restart the thirty (30) day clock from today's date, 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. 9.D. REQUEST TO REDUCE LIENS/ADM PROPERTIES, L.L.C BUYERS INVESTMENT GROUP LIMITED, INC.: Consider a request from Mr. Jim Drosakis, Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. to waive the liens totaling $8,077.01 assessed for abating nuisances and demolition of an unsafe structure on property located at 304 S.W. 7th Street. Staff recommends a partial waiver and that the remaining lien of $4,039.74, the City's out-of-pocket costs, be paid by ADM Properties, L.L.C. Buyers Investment Group Limited, Inc. Lula Butler, Director of Community Improvement, stated this item is a request to reduce liens assessed to the property addressed as 304 S.W. 7th Street as submitted by Buyer's Investment Group Limited, Inc. The request is for a full release of liens assessed by the City. The total amount of liens assessed to this property is $8,077.01 which includes costs associated with an emergency board-up, demolition of an unsafe structure and the abatement of nuisances between 1995 and 2002. Ms. Butler stated Buyer's Investment Group Limited, Inc. is requesting a 100% reduction and staff is recommending that based on the policy, the City's out-of- pocket costs be recouped and that the lien be reduced to the amount of $4,037.27 and the -12- 03/11/04 out-of-pocket costs in the amount of $4,039.74 be paid by the investment group within thirty (30) days of City Commission action. Ms. Butler stated staff is requesting that the release of the liens be done with the submission of a building permit. Mr. Costin moved to approve the request from Buyer's Investment Group Limited, Inc. to reduce liens assessed to the property located at 304 S.W. 7th Street and that the balance of the lien in the amount of $4,039.74 (representing the City's out-of- pocket costs) be paid within thirty (30) days of Commission approval and the release of the reduced lien amount shall be coordinated with the submission of a building permit for a single-family home, 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. 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. 13-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations proposing a four month moratorium on Adult Arcade Establishments. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 13-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM ON ARCADES AS FURTHER DEF1NED HEREIN FOR A PERIOD OF FOUR (4) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING FOR PENALTIES PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 13-04 is on file in the City Clerk's -13- 03/11/04 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman asked the Commission to disclose any ex parte communications. The Commission had no ex parte communications to disclose. Mayor Perlman declared the public hearing open. Klay Aspinwall, Pastor of Lakeview Baptist Church, inquired as to why the moratorium is set for four months. In response, Mayor Perlman stated there is currently some pending litigation and the City is awaiting the outcome. There being no one else who wished to give testimony on this item, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 13-04 on Second Reading/Second Public Hearing, seconded by Ms. McCarthy. 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.B. ORDINANCE NO. 18-04: An ordinance amending Chapter 33, "Police and Fire Departments", Section 33.62, "Benefit Amounts and Eligibility", providing an enhanced multiplier benefit option for the Police and Fire Pension Plan. 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 caption of Ordinance No. 18-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", PROVIDING AN ENHANCED MULTIPLIER BENEFIT OPTION FOR ELIGIBLE MEMBERS; PROVIDING AN INCREASE IN MEMBER CONTRIBUTIONS FOR THOSE MEMBERS WHO ELECT THE ENHANCED MULTIPLIER; PROVIDING AN OPTION TO PURCHASE THE ENHANCED MULTIPLIER FOR THOSE MEMBERS WHO DO NOT ELECT THE ENHANCED MULTIPLIER OPTION BEFORE APRIL 15, 2004; AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE", PROVIDING -14- 03/11/04 FOR APPLICATION OF THE ENHANCED MULTIPLIER TO THE EARLY RETIREMENT INCENTIVE; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 18-04 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney presented a revised Ordinance No. 18-04 which clarifies Section 33.687(C) (Early Retirement Incentive) located on page 4. The City Attorney stated the language "Eligible employees who elect to receive the early retirement incentive on or after March 15, 2004 shall receive three and one-half percent (3.5%) of average monthly earnings for each year of continuous service, or portion thereof..." and clarified that the words "eligible employees" meaning those employees who elected to have a 3.5% multiplier. Therefore, the City Attorney stated the words "who previously elected" have been added for clarification and noted this does not change the substance of the ordinance. Mayor Perlman declared the public hearing open. James Tabeek, IAFF Representative, stated for the record he was not aware of the change. The City Attorney gave direction to the Deputy City Clerk to present Mr. Tabeek with a copy of the revision. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated the City of Delray Beach has the finest Fire-Rescue Department in South Florida and he feels the same is true for the non-management employees as well as the management employees. Mr. Smith stated he would like to see them compensated in all forms including the retirement benefits. However, Mr. Smith stated at the same time every year during the budget process there is not enough money to do all the critical things that need to be done throughout the city. Mr. Smith asked how much this will cost the City to do and how much of the $1.3 million will there be to use for next year. The City Manager stated the cost to the City of Delray Beach for this change is approximately $500,000 per year. There being no one else from the public who wished to address the Commission regarding Ordinance No. 18-04, the public hearing was closed. -15- 03/11/04 Prior to the vote, Mayor Perlman stated he feels this enhancement of pension benefits benefit the City of Delray Beach and its residents in many ways that are both tangible and intangible. Mayor Perlman stated some of the intangible benefits would be as a recruiting/retention tool and he feels this is a good place to invest in public safety. For the benefit of the public, Ms. McCarthy stated there has been a move going on where Palm Beach County requested the City to cooperate with them to do something jointly to combine the County and City's Fire-Rescue forces. However, the City felt this would negatively impact the response time of the Fire-Rescue Department. She stated this is not an isolated situation but has been considered over a long period of time in order to maintain the quality of response time of the Fire-Rescue Department. Ms. McCarthy stated she is not aware of any critical things that the City has not budgeted for and explained that the City has been adhering to the Five Year Capital Improvement Plan and has been very responsible and responsive. She would like this to be known for those people who may not have the opportunity to attend the meetings as often as the Commission. Mr. Costin moved to adopt Ordinance No. 18-04 on Second and FINAL Reading, seconded by Mr. Levinson. 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. 10.C. ORDINANCE NO. 17-04: An ordinance amending Chapter 33, "Police and Fire Departments", Pensions, Section 33.60, "Definitions", clarifying the definition of earnings to include certain educational supplemental incentive payments and to exclude certification and other payments. 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 caption of Ordinance No. 17-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.60, "DEFINITIONS", REVISING THE DEFINITION OF "EARNINGS" TO INCLUDE CERTAIN EDUCATIONAL SUPPLEMENTAL INCENTIVE PAYMENTS AND TO EXCLUDE CERTIFICATION PAY AND ALL OTHER PAYMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. -16- 03/11/04 (The official copy of Ordinance No. 17-04 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 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 17-04, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 17-04 on Second and FINAL Reading, 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. 10.D. ORDINANCE NO. 16-04: An ordinance amending Chapter 35, "Employees Policies and Benefits", Section 35.097, "Retirement Income; Basis Amount and Payment", to provide additional optional forms of benefit. 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 caption of Ordinance No. 16-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "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", TO PROVIDE ADDITIONAL OPTIONAL FORMS OF BENEFIT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-04 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 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 16-04, -17- 03/11/04 the public hearing was closed. Mr. Costin moved to adopt Ordinance No.16-04 on Second and FINAL Reading, seconded by Mrs. Archer. 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. 10.E. ORDINANCE NO. 19-04: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.11, "Definitions", to provide for definitions regarding design-build contracts and enacting a new Section 36.16 "Design Build Contracts". 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 caption of Ordinance No. 19-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", BY AMENDING SECTION 36.11, "DEFINITIONS", TO PROVIDE FOR DEFINITIONS REGARDING DESIGN-BUILD CONTRACTS; ENACTING SECTION 36.16, "DESIGN- BUILD CONTRACTS", TO PROVIDE FOR THE ABILITY TO USE THE DESIGN-BUILD PROCESS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-04 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 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 19-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 19-04 on Second and FINAL Reading, seconded by Mrs. Archer. 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. 10.F. ORDINANCE NO. 15-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Chapter 4, "Zoning Regulations", Section 4.3.3(I), "Community Residential Home and Group Homes" in order to correct an inconsistency created from recent LDR changes regarding -18- 03/11/04 the terminology of residential and non-residential alcohol and drug abuse treatment facilities. If passed, a second public hearing will be scheduled for April 13, 2004. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 15-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER FOUR, "ZONING REGULATIONS", BY AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL HOME AND GROUP HOMES", TO PROVIDE CONSISTENCY THROUGHOUT THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-04 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 compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 15-04, the public hearing was closed. Mr. Costin moved to approve Ordinance No. 15-04 on First Reading/First Public Hearing, seconded by Mr. Levinson. 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. ll.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. -19- 03/11/04 11.B. From the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ urged the Commission to create a permanent Pedestrian/Bicycle Greenways Committee, file an application for grant funding, and adopt a Pedestrian/Bicycle Master Plan. Mr. Smith stated there was a pedestrian fatality recently at Atlantic Avenue and the Intracoastal Bridge. Mr. Smith identified the following unsafe conditions at this location: (1) lack of a shield protecting pedestrian from motor vehicles (2) lack of a physical barrier preventing pedestrians from crossing Atlantic Avenue, and (3) lack of a sidewalk as you step off the bridge on the southwest side heading west. Agenda. At this point, the Commission moved back to Item 9.E. of the Regular 9.E. PARKING LICENSE AGREEMENTS: Consider approval of proposed modifications to the parking license agreements. Scott Aronson, Parking Management Specialist, stated on December 2, 2003, the City Commission considered the proposed modifications to the Parking License Agreements including a $25.00 increase per valet queue space, and expansion of the agreement to require compliance with state and local traffic laws. In addition, the violation of state or local traffic laws was proposed to be subject to fines and penalties. The City Commission directed staff to bring the item back to the Parking Management Advisory Board (PMAB) for further consideration. The Board recommended the following: (1) increase the fee of each valet queue space by $10.00 from $50.00 to $60.00 per month and, (2) include in Section 9 of the agreement that the Licensee, his/her employees, agents representatives and/or subcontractors must comply with all State and Local ordinances regarding traffic laws. Staff recommends approval. Mrs. Archer moved to approve the Parking License Agreements as presented, seconded by Mr. Costin. 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.F. RESOLUTION NO. 13-04: Consider approval of Resolution No. 13-04 providing for the transfer of real property to the Delray Beach Community Redevelopment Agency to be utilized for the Renaissance Housing Program. The caption of Resolution No. 13-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED ALONG THE EAST SIDE OF S.W. 5TH AVENUE JUST NORTH OF S.W. - 20 - 03/11/04 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY TO BE UTILIZED FOR THE RENAISSANCE HOUSING PROGRAM. office.) (The official copy of Resolution No. 13-04 is on file in the City Clerk's This item has been postponed to the regular meeting of March 16, 2004. 9.G. RESOLUTION NO. 15-04: Consider approval of Resolution No. 15-04 amending Resolution No. 64-03, FY 2004 Budget Adoption, transferring $1,721,226.00 from the General Fund (Prior Year Surplus) to the General Construction Fund. The caption of Resolution No. 15-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 64-03 ADOPTED SEPTEMBER 23, 2003, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2003/2004, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2003/2004; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 15-04 is on file in the City Clerk's office.) Joseph Safford, Finance Director, stated in the General Construction Fund for this year and last year there is $1,721,226.00 worth of projects that have either been constructed or will be constructed and the revenue source is assessment funds. He stated once the assessment roll is passed, the City gives people who are on the assessment roll ten years to pay; however, he cannot use this to upfront the cost of the project. Therefore, Mr. Safford stated $1,721,226.00 is being transferred from the General Fund prior year surplus to fund those projects and once the assessments have been received, the General Fund will be reimbursed. The City Manager stated the projects were the Seacrest DeMda improvements and the Pineapple Grove Way project. The City Manager stated the Seacrest DeMda assessment is delayed because the project has taken longer then anticipated. -21 - 03/11/04 Ms. McCarthy inquired about the timeframe of how long people will be permitted to pay the assessment and asked whether or not the projects will take ten years to complete. Mr. Safford stated the projects will be done upfront and with regard to the assessment people are given up to ten years to pay although most do not take the entire ten years to pay. Ms. McCarthy moved to approve Resolution No. 15-04, seconded by Mrs. Archer. 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. 9oHo SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB) RENEWAL AND REPLACEMENT RESERVE ACCOUNT: Discuss the difference in balances in the SCRWTDB Renewal and Replacement Reserve between the City of Delray Beach and Boynton Beach. Joseph Safford, Finance Director, stated the reserve account at the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) is jointly held by the City of Boynton Beach and the City of Delray Beach. Mr. Safford stated prior to a few months ago each city held their own bank accounts and over a period of twenty years the City of Boynton Beach earned more interest on their money than the City of Delray Beach. Mr. Safford stated recently the SCRWTDB requested that the reserve funds be sent back to them and they will hold the money in their bank. Mr. Safford stated a question arose asking "Why is there a difference between the City of Delray Beach and the City of Boynton Beach?" Brief discussion followed by the Commission and Mr. Safford. Mr. Safford stated the City of Delray Beach did a monthly calculation on the interest earnings for a 20 year period and the City of Boynton Beach does this on an annual basis. He stated in the 1990's there was a requirement to spend $1.5 million on the Odor Abatement Project and the City of Delray Beach issued a check whereas the City of Boynton Beach did not issue a check until approximately two years later. He stated the City of Boynton Beach paid the Odor Abatement Project from other city funds. Mr. Safford stated the funds were calculated in a certain manor, checked by the auditors and the SCRWTDB, and they agreed with Delray's methodology in the calculation of interest. He stated in the past the City of Delray Beach has supported 50% of the Reclaimed Water Project and at the current time this is in the City of Boynton Beach serving their golf courses. Therefore, the City of Boynton Beach will reimburse the City of Delray Beach its 50%. It was noted that this item is for informational purposes only and does not require a vote by the City Commission. 9.1. PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT: Discuss the proposed financial assistance agreement with the Palm Beach County Board of County Commissioners for roadside beautification improvements - 22 - 03/11/04 to Lake Ida Road. The City Manager stated when Lake Ida Road was widened the residents of Rainberry Bay requested additional landscaping to buffer the road. The City Manager stated the County has a program where they will allow $3.50 lineal foot to be matched by the City for additional landscaping. If the City accepts the money from the County then the City becomes obligated to maintain this area in the future as well as other conditions that will add to the cost. The City Manager stated he believes the additional maintenance costs are far more than what the City would receive from the County. Therefore, staff recommends that the City of Delray Beach not accept the agreement with the County, complete the project with its own funds and check with Rainberry Bay to ensure they are willing to maintain the area. Mr. Costin moved to approve to reject the proposed financial assistance from Palm Beach County for roadside beautification improvements to Lake Ida Road, seconded by Ms. McCarthy. 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. 9.J. ENGINEERING CONSULTING AGREEMENTS: Consider approval of seven (7) Engineering Consultant Agreements between the City and Mathews Consulting, Inc.; Hazen & Sawyer, PC; CH2M Hill; Lawson, Noble & Webb, Inc.; Kimley-Horn & Associates, Inc.; Keith & Schnars, P.A.; and McMahon & Associates for engineering consulting services. Mayor Perlman passed the gavel to Vice Mayor Levinson and left the dais. Richard Hasko, Director of Environmental Services, stated the consultants were evaluated in three (3) disciplines: General Civil, Environmental, and Traffic & Traffic Calming. Staff recommends that contracts be awarded to the firms ranking one through six in General Civil and one in Traffic & Traffic Calming. Mr. Hasko stated staff recommends approval of seven (7) Engineering Consultant Agreements between the City and Mathews Consulting, Inc., Hazen & Sawyer, PC, CH2M Hill, Lawson, Noble & Webb, Kimley-Horn & Associates, Keith & Schnars, P.A. and McMahon & Associates for engineering consulting services. Mr. Costin moved to approve the list of the seven (7) Engineering Consultants as presented by staff, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 0.K. REQUEST FOR PERMIT/WAlTER SERVICE/DELRAY BEACH MUNICIPAL BEACH: the Municipal Beach. At this point, Mayor Perlman returned to the dais. - 23 - Discuss a request for a permit to allow "Waiter Services" on 03/11/04 The City Manager stated he is asking for direction from the Commission and noted the City Attorney has pointed out that if this is considered a use or a concession, then it is prohibited under the Comprehensive Plan. If however, this is considered a service, then it would not be prohibited. The City Manager expressed concern over the additional garbage and trash on the beach that may be generated if this type of service were to be implemented. Mr. Levinson stated although he feels this service would provide some uniqueness, he is also concerned that this could potentially create an animal and bug problem. Mr. Levinson suggested that the Parks and Recreation staff talk to other cities to see whether or not they provide these types of services, how they control garbage, and what they do about food on the beach. Mrs. Archer stated although she agrees with Commissioner Levinson's comments she sees this as a concession. In addition, Mrs. Archer stated she does not feel this is something the city would like to deal with because it does not fit into the criteria. Mr. Costin stated he would like to hear more about how other communities are handling this and expressed concern over how the refuse would be handled. Ms. McCarthy stated she does not support allowing waiter services on the municipal beach and expressed concern over the garbage. Ms. McCarthy stated the beach is beautiful and well maintained and feels there are plenty of restaurants in close proximity to the beach. Mayor Perlman concurred with Commissioner Archer that this is a concession. He expressed concern over trash, ants, and bugs and if alcoholic drinks are served how the City would be able to control this. Mayor Perlman stated he foresees this as an enforcement nightmare and very problematic. It was the consensus of the Commission to not allow waiter services on the municipal beach. 9.L. DAVIS CUP TIE: Consider approval of an agreement with the United States Tennis Association (USTA) for the 2004 Davis Cup Tie to be held April 9-11, 2004. Brian Shutt, Assistant City Attorney, stated with regard to the lighting, the foot candles are being reduced from 150 to 120. In addition, Mr. Shutt stated the USTA has entered into an agreement with the Marriott and this agreement has been executed. Mayor Perlman announced he and Brahm Dubin were at the Tourist Development Council meeting this morning and secured an agreement for Palm Beach County to give the City of Delray Beach $40,000 toward the event and stated this will help to offset the costs. - 24 - 03/11/04 Mr. Levinson moved to approve an agreement with the United States Tennis Association (USTA) for the 2004 Davis Cup Tie to be held April 9-11, 2004, seconded by Ms. McCarthy. 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.M. GOLF CART USE/PUBLIC HIGHWAYS: Discuss the use of golf carts on public highways. Brian Shutt, Assistant City Attorney, stated in order for the City to allow golf carts, the City would need to designate the roadways that the golf carts would be used on (i.e. City or County roadway only) because the City does not have jurisdiction over the State roadways. In addition, Mr. Shutt stated the City would also have to put up some type of signage to alert the public that golf carts can be used on these roads. Mr. Shutt stated pursuant to Florida Statute 316.212 a municipality may authorize golf cart use on a city street in accordance with the eight (8) restrictions as listed in the City Attorney' s memo. Mayor Perlman stated approximately two months ago he was approached by several people from the Lake Ida neighborhood and people who operate businesses that are interested in taking a golf cart to work instead of a car. Mr. Levinson stated he would like the Police Department to do more research on this and he feels this is a great idea if it can be done safely. Brief discussion followed between the Commission and the City Attorney. The City Attorney explained that Atlantic Avenue is a State road. Mrs. Archer stated she is strongly opposed to the use of golf carts at this time because of the current state of traffic and parking. Mrs. Archer stated she would not be opposed to reviewing the possibilities to see how the City would proceed but reiterated that at this time she cannot support this because she does not feel there are enough parking spaces, the City has not developed the parking garages, and the traffic is out of sight. She stated she feels this would be a policing nightmare and that it would be too difficult to control. Mr. Costin stated he is surprised at the lack of restrictions that the State places on the golf carts. He stated the law does not enable the City to place any further restrictions from what the State requires on any of these vehicles. One of those being that the owners of the vehicles carry liability insurance and the City of Delray Beach could not impose that restriction on allowing golf carts in the community. He also expressed concern over the age of people who would be driving the golf carts particularly at dusk and concurs with Commissioner Levinson's suggestion that the Police Department do more research on this issue before the Commission decides to take any action. - 25 - 03/11/04 Ms. McCarthy expressed concern that the City would not be able to require that the golf carts be registered or that they have permits. In addition, she expressed concern over the potential damage to the golf carts, who would be responsible for the liability, and what the limitations would be. Robert Toth, (unable to obtain address), supports the use of golf carts on public highways and stated this is designed to help alleviate the parking and traffic issues. He stated Delray Beach has become so transient and in his opinion these people are utilizing all the parking spaces. Mr. Toth stated this is an excellent way to showcase the All America City. The City Attorney stated the City of Delray Beach would not be able to do the things that Mr. Toth has suggested because this would be additional to the requirements of the Florida Statute. According to the Attorney General, municipalities may not place restrictions on golf carts if allowed to operate on certain streets. Brief discussion followed by the Commission. George Brewer, 204 N.W. 9th Street, Delray Beach, stated he has owned a golf cart for approximately two years and uses it every chance he can because of the parking issue. He urged the Commission to consider the possibility of a pilot program. After brief discussion, the Commission gave direction to the City Attorney and the City Manager to: (1) check with the legislature on current legislation, (2) check further with other cities that have this program, and (3) ask the Police Department to do more research. 9.N. REGULATION OF SOLICITORS AND PEDDLERS: Discuss the proposed draft ordinance regarding the regulation of solicitors and Peddlers. The City Attorney stated staff would like to bring the ordinance regarding solicitors and peddlers up-to-date. The City Manager stated the main reason this item is being placed on the agenda is because the Commission had specific concerns about some peddler operations in the City particularly ice cream trucks. Mr. Costin asked what the concern is with the ice cream vendors. Mr. Levinson stated he had received a request from the President of the Southwest Neighborhood Council and the President's Council because there was a concern for the safety of the children when the ice cream trucks were out during the evening hours. - 26 - 03/11/04 Mrs. Archer suggested that the Commission may want to consider dusk. The City Attorney stated this would be easier to enforce with a time certain. Mr. Costin agrees with the City Attorney and stated perhaps there should be winter hours and summer hours because of daylight savings time. Mr. Levinson suggested that the City Attorney look to see if there is a way to control someone coming to your door and soliciting as opposed to driving around and having customers come to them. The City Manager stated someone soliciting in the street is different then someone going to properties (vending in the streets versus pulling over to the curb). Ms. McCarthy stated in some of the multi-family complexes there are signs posted "No Soliciting" and people go in and leave handbills to advertise for sale of goods or services. Ms. McCarthy stated this is not only a violation but a safety hazard as well because with these papers hanging out of people's door is an indicator as to who is home and who is not. Ms. McCarthy asked if this has been addressed on page 3 of the ordinance. The City Attorney stated this is addressed on page 4 of the ordinance, Section 118.02 -Prohibited Acts (v) "On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property;". Ms. McCarthy asked what the individual can do that has been violated. The City Attorney made reference to Section 188.15 - Violations and Penalty of the ordinance and stated that the general enforcement mechanisms would apply. Mr. Levinson stated he would like to make sure that this ordinance and the handbill ordinance are consistent. Mr. Costin inquired about the length of time a permit is issued and asked if something can be put in the ordinance to regulate the specific time when permits are issued. The City Attorney suggested that the words "provided not longer than one year" (or whatever the time is) be added to Section 118.09 - Permit Expiration of the ordinance. Mr. Costin asked if there are situations where the City could issue temporary permits for a thirty (30) day period. The City Attorney stated this can be done; however, in no case longer than six months or whatever time is reasonable. Mrs. Archer asked if health inspections are required for food service peddlers because she is primarily concerned with people peddling in the streets. The City Manager stated he believes they would have to have a Health Department permit as well as a permit from the City. The City Attorney stated this is part of the County process; however, this could be a condition of the permit that the vendors provide the City with other permits as may be required by law. - 27 - 03/11/04 9.0. PROPOSAL FOR SETTLEMENT IN CORAL TRACE v. CITY OF DELRAY BEACH: Consider a Settlement in Coral Trace v. City of Delray Beach and authorize the City Attorney's Office to review and file all documents required to conform to the settlement. The City Attorney presented the 12 steps of the settlement as outlined in her memo dated March 3, 2004. Mr. Levinson moved to approve the proposed settlement in Coral Trace v. City of Delray Beach as outlined in the City Attorney's memorandum dated March 3, 2004, 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 0 vote. 9oPo APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) member to the Planning and Zoning Board 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 Charles Walker as a member to the Planning and Zoning Board for an unexpired term ending August 31, 2005. Mr. Costin so moved, seconded by Mr. Levinson. 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.O. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint two (2) regular members to the Nuisance Abatement Board for a two year term ending March 31, 2006. Based upon the rotation system, the appointments will be made by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). Mr. Costin moved to appoint Susan Kay as a regular member to the Nuisance Abatement Board for a two year term ending March 31, 2006, seconded by Mrs. Archer. 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. Mrs. Archer moved to reappoint Joe Williams as a regular member to the Nuisance Abatement Board for a two year term ending March 31, 2006, seconded by Mr. Levinson. 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. 12. FIRST READINGS: None. - 28 - 03/11/04 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Mrs. Archer Mrs. Archer commented about the construction near the seawalls across the street from Mallory Square on S.E. 6th Avenue (Northbound) and stated she has received some complaints from residents who have said approximately 30-90 days have passed by without any construction being done. In addition, Mrs. Archer stated some residents have inquired about the timetable of the project. Mrs. Archer stated because of the new construction across from Mallory Square all of the contractors and workers are parking along S.E. 6th Avenue (Northbound). Mrs. Archer stated as someone comes out of S.E. 3rd Street onto S.E. 6th Avenue (Northbound) you can only make a right hand turn and commented that with all the vehicles parking there, it is impossible to see the traffic. Mrs. Archer expressed concern over this being a safety issue and suggested that this be looked into. 13.C.2. Commissioner Costin Mr. Costin stated he had the pleasure of attending Palm Beach County Day and it was a very nice experience. Secondly, Mr. Costin stated he also had the opportunity to attend the Soul of Delray and everyone had a good time. He commented about an article in the Sun Sentinel News dated March 5, 2004 entitled "20 and 30 Something Set Living Large in Pricey Urban Condo". Mr. Costin stated the article explains how many young professional people are moving to Delray Beach and this is the kind of lifestyle they are looking for. Mr. Costin stated he was driving along Congress Avenue at Linton Boulevard at approximately 4:15 p.m. and commented it took him five changes of signals to get through the intersection at Linton Boulevard because the intersection was blocked and the traffic was not moving off Congress Avenue. Mr. Costin asked that the City Manager give direction to the Police Chief to look into this matter. - 29 - 03/11/04 13.C.3. Commissioner McCarthy Ms. McCarthy stated the Soul of Delray was a wonderful experience. In addition, Ms. McCarthy stated she attended the C.E.R.T. (Citizen Emergency Response Team) picnic and commented many people were happy and very receptive. Secondly, Ms. McCarthy stated she attended the funeral for Mary Hooks in West Palm Beach and it was well attended. Also, Ms. McCarthy stated the City of Riviera Beach had a proclamation for Ms. Hooks. She stated while she was driving east on S.W. l0th Street where the Walgreen's Drug Store abuts Northbound Federal Highway, she noticed the hedges to the east of Walgreen's Drug Store are too high and these hedges in addition to the utility easement box block the visibility. She feels a driver is almost forced to move forward until the front of the car is in the Northbound Federal Highway lane in order to see when it is safe to make the left hand turn. Mr. Levinson stated this situation is currently in the process of being resolved. 13.C.4. Commissioner Levinson Mr. Levinson stated he too read the article in the Sun Sentinel News dated March 5, 2004 and after reading the article he feels that what makes Delray Beach successful is the variety of products available. Secondly, Mr. Levinson stated he enjoyed Palm Beach County Day in Tallahassee and feels there were some good meetings in the Legislature. He commented about the C.E.R.T. picnic and the Soul of Delray. 13.C.5. Mayor Perlman Mayor Perlman stated the Florida Trend Magazine awards the Golden Spoon Award to the top restaurants in the state every year. Mayor Perlman stated "32 East" was named one of the top 20 restaurants in the State of Florida and "Sol Kitchen" was named one of the top 20 new restaurants in the State of Florida. Mayor Perlman stated the magazine calls Atlantic Avenue "Delray Street of Eats". Secondly, he stated he had the opportunity to attend "Read to Me Day" for one of the first grade classes at Trinity to celebrate Dr. Seuss month. Mayor Perlman stated he has agreed to co-chair the local effort to raise money for college scholarships for the United Negro College Fund (UNCF). Mayor Perlman stated he had the opportunity to speak at Abbey Delray North and commented former Mayor Scheifley (1972-1978) lives in Abbey Delray. -30- 03/11/04 Mayor Perlman stated he enjoyed the C.E.R.T. picnic and he is very pleased with the growth of the program because they are now at 250 members. He stated the program is receiving attention statewide and commented Dan Burns secured six rides on the Goodyear Blimp which were raffled off. Mayor Perlman commended the Fire- Rescue Department for a job well done. Mayor Perlman stated the Soul of Delray was well attended and noted that the crowd was very integrated. There being no further business, Mayor Perlman declared the meeting adjourned at 8:40 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 March 11, 2004, which Minutes were formally approved and adopted by the City C°mmissi°n°n t'pril 13' 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. -31 - 03/11/04