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11-17-1998NOVEMBER 17, 1998 A Regular Meeting of the City Commis of Delray Beach, Florida, was called to orc Alperin in the Commission Chambers at City Ha Tuesday, November 17, 1998. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingswort Commissioner David Randolph. Commissioner David Schmidt Mayor Jay Alperin Absent - None Also present were - City Manager Davit City Attorney Suss 2. The opening prayer was delivered by Lakeview Baptist Church. 3. The Pledge of Allegiance to the fl States of America was given. 4. Agenda Approval. Mayor Alperin noted the addition of tation of 1998 Long Drive Contest Trophy to Egan, by addendum. The City Attorney stated that Item No. 47 -98 regarding in -lieu of parking regu14 moved to the First Readings portion of the ager as such, The City Manager asked that Item 9.E Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A] Schmidt - Yes. Said motion passed with a 5 to 0 6. Proclamations: 6.A. Recognizing and commending Lawrenc candidate for Department Commander, The America ment of Florida, 1998 -1999, for exemplary leade3 tion. Mayor Alperin read and presented a prc nizing Lawrence E. Strainge on his nomination the high office of Department Commander, The Department of Florida, and commending his fc leadership and as a superb example of dedicate and Country. Mrs. Lillie Strainge came forwa: proclamation on behalf of Commander Strainge. 6.B. Proclaiming 1999 as Free Sons of Israt nition of the Order's,150th Anniversary. Mayor Alperin read and presented claiming 1999 as Free Sons of Israel Year recognizing and commending this worthy occasion of it's 150th anniversary. Mr. forward to accept the proclamation. 7.A. Presentations: a in orgai Bern 7.A. RESOLUTION NO. 73 -98: A resolution commending Commissioner Kevin P. Egan for havinc of Delray Beach with dedication and distinction. The City Manager presented Resolution A RESOLUTION OF THE CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA, RECO( AND COMMENDING KEVIN P. EGAN FOR the finished product. Ms. Ferrer indicated the begin to be installed about the beginning of Dec 7 , C . MAD DADS (Chuck Ridley) . Mr. Ridley briefly discussed the off o respect to the Southwest Area planning process ment of a strategic plan for implementation. 7.D. Presentation of 1998 Long Drive Commissioner Kevin „Eaan._ Sandra Eriksson, Director of Golf Golf Course, presented the 1998 Long Drive C Commissioner Egan for his winning shot of 244 ys 8. CONSENT AGENDA: City Manager recommen B.A. RESOLUTION NO. 71-98 (EASEMENT ABA PLAZA ) : Approve a resolution vacating and aban utility easement within Atlantic Plaza, located corner of East Atlantic Avenue and N.E. 7th A, positive findings. The caption of Resolution No. 71 -98 iE A RESOLUTION OF THE CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA, VACAT ABANDONING A UTILITY EASEMENT WITHIN TIC PLAZA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 50 AT PAGE 129 PUBLIC RECORDS OF PALM BEACH COUNTY, DA, AS MORE PARTICULARLY DESCRIBED HEF (The official copy of Resolution No. in the City Clerk's office.) 8. B. RESOLUTION NO._ 72-98 (ABANDONMENT _ ED IN PLAT BOOK 42, PAGE 21 OF THE RECORDS OF PALM BEACH COUNTY, FLORID? AS MORE PARTICULARLY DESCRIBED 7 SUBJECT TO ACCEPTANCE OF REPLACEMENT MENTS. (The of f icial copy of Resolution No. in the City Clerk's office.) B.C. MODIFICATION OF STANDARDS FOR APPRI DOCKS AT 1516 LAKE DRIVE: Approve a modificat for approval pursuant to LDR Section 7.9.40 construction of a two slip boat house and f ingea 34 feet from the property line at 1516 Lake Driv+ B.D. FINAL PAYMENT TO PALM BEACH COUNTY M RESIDUAL FUNDS MILITARY TRAIL UTILITY RELOCATV f final reimbursement. payment in the amount of $ Beach County for utility relocation in conju paving and drainage donstruction on Military Ti ize the liquidation of the residual funds ii $42,120.00 in the project account 440 --5179 -536 Trail Utility Relocation). $.E. FINAL PAYMENTIANYTHING IN FENCE1 IN( IMPROVEMENTS):- Approve final payment in the am( to Anything In Fence, Inc. for completion of Fencing Improvements project, with funding ix $2,440.00 from 118 - 1965 -554 -63.40 (Community Recreation Improvements) , $2,000.00 from 4, (Water & Sewer R &R /Well Rehabilitation), and 442 -5178- 536 -61.83 (Water & Sewer R &R /Lift Ste tion) . 8.F. CONTRACT ADDITION C.Q. 2 PAVEX C 2ND STREET AND CEMETERY ROADS): Approve a c (C.O. ##2) in the total amount of $37,906.25 wit tion under the 1998 Street Resurfacing contract 8.H. DIGITAL BASE MAPS /JOINT VENTURE WITH _= PROPERTY APPRAISER: Authorize the Mayor to s with ADR, Inc. for digital photogrammetric be area bounded on the north by Lake Ida, on the s, Street, on the east by the Intracoastal Water west by I -95 {approximately 1,845 acres }; wit] amount of $25,368 from 448 - 5461 - 538 -63.90 (St03 other Improvements) and $25,368 from 441 - 5161 -5 Capital - Other Improvements) for a total of $50 8.I. REVIEW OF APPEALABLE LAND DEVELOPMEN Accept the actions and decisions made by the Boards for the period from November 2nd thro 1998. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Bid award at an estimated annual to Complete Property Services fc maintenance of thirteen (13) sto areas within the City {approxima- with funding from 448 -5416 -538 -: Utility - Other Contractual Servi 2. Purchase award at an estimated $17,528.18 to McWane, Inc. D/B Co., via Miami -Dade Water Sew( purchase of fire hydrants, wi 442 - 5178 - 536 -52.29 (W &S Renewal Fire Hydrants under $504 }. 3. Award to Mears Motor Leasing for in the estimated amount of $3 vehicles to be used by the Polic Intelligence Division and Nar with funding from 001- 2115 -5,' Investigative - Vehicles Rental /I Mr. Ellingsworth moved to approve the seconded by Mr. Egan. Upon roll call the Con follows: Mr. Ellingsworth - Yes; Mr. Randol Alperin - Yes; Mr. Schmidt - Yes, Mr. Egan - passed with a 5 to 0 vote. 9. REGULAR AGENDA: Mr. Schmidt stepped down for the (NOTE: Form 8B, Memorandum of Voting Conf ] Municipal and Other Local Public Officers, is City Clerks office.) 9.A. REOUEST FOR WAIVER /OUTDOOR DISPLAY OF KAWASAKI: Consider a request to waive the p Section 4.4.10 (G) (5) (a) to allow outdoor displa-1 Delray Kawasaki dealership, to be located at 11 Highway within the. AC (Automotive Commercial) QUASI- JUDICIAL PROCEEDING Mr. Egan moved to approve the waive: 4.4.10 (G) (5) (a) to allow the outdoor display of longer than twenty (20) feet based upon the fi7 mendation of the Planning and Zoning Board. seconded by Mr. Randolph. Upon roll call the as follows: Mr. Randolph - Yes; Mayor Alperin Yes; Mr. Ellingsworth - Yes. Said motion pass vote. Mr. Schmidt returned to the dais at th 9.B. TEMPORARY _ USE AND HOLD HARMLESS SERVICES: Consider approval of a temporary use agreement with ERdb Inc. d /b /a Erny's to provic ley service in the downtown corridor for a tri (5 ) months. P.1 l ; 9.D. RE , UES'T' FOR WAIVER /USE OF LOTS OF ] WITH THE NORTH BEACH THREE PLAT: Consider a the provisions of LDR Section. 4.1.4(C) to allow of a non -- conforming lot separate from the North property, both of which are under the same owne DICIAL PROCEEDING Mr. Egan moved to approve the waive 4.1.4 t C i , based upon positive findings with rE 2.4.7 {g} of the Land Development Regulations. seconded by Mr. Randolph. Upon roll call the as follows: Mr. Egan - Yes; Mr. Ellingsworth dolph -- Yes; Mayor Alperin - Yes; Mr. Schmii motion passed with a 5 to 0 vote. 1. FINAL PLAT APPROVAL NORTH BEI Consider approval of the final for North Beach Three Plat, a subdivision located on the wes Ocean Boulevard (State Road Al2 side of Sandoway Lane. Mr. Schmidt moved to approve the J plat for North Beach Three Plat based upon p, The motion was seconded by Mr. Egan. Upon roll sion voted as follows: Mr. Ellingsworth - Yec. Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 70 -98 (ABANDONMENT UEENS AVENUE) AND ACCEPTANCE OF REPLACEMENT EA Mr. Randolph moved to approve the s quest for the December 10, 1998 Art & Jazz t recommended by staff. The motion was seconder Upon roll call the Commission voted as follows Yes; Mr. Egan w Yes; Mr. Ellingsworth w- Yes; Mr Mayor Alperin - Yes. Said motion passed with a 9.D. RE , UES'T' FOR WAIVER /USE OF LOTS OF ] WITH THE NORTH BEACH THREE PLAT: Consider a the provisions of LDR Section. 4.1.4(C) to allow of a non -- conforming lot separate from the North property, both of which are under the same owne DICIAL PROCEEDING Mr. Egan moved to approve the waive 4.1.4 t C i , based upon positive findings with rE 2.4.7 {g} of the Land Development Regulations. seconded by Mr. Randolph. Upon roll call the as follows: Mr. Egan - Yes; Mr. Ellingsworth dolph -- Yes; Mayor Alperin - Yes; Mr. Schmii motion passed with a 5 to 0 vote. 1. FINAL PLAT APPROVAL NORTH BEI Consider approval of the final for North Beach Three Plat, a subdivision located on the wes Ocean Boulevard (State Road Al2 side of Sandoway Lane. Mr. Schmidt moved to approve the J plat for North Beach Three Plat based upon p, The motion was seconded by Mr. Egan. Upon roll sion voted as follows: Mr. Ellingsworth - Yec. Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Said motion passed with a 5 to 0 vote. 9.E. RESOLUTION NO. 70 -98 (ABANDONMENT UEENS AVENUE) AND ACCEPTANCE OF REPLACEMENT EA 10 . B. ORDINANCE NO. 48-98: An ordinance re: Public Works warehouse property from PCC ( Center) to CF (Community Facilities) District property is located at the southwest corner of the CSX Railroad, approximately 480 feet east nue. QUASI- JUDICIAL HEARING The City Manager presented Ordinance N AN ORDINANCE OF THE CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA., REZON: PLACING LAND PRESENTLY ZONED PCC COMMERCE CENTER) IN THE CF (COMMUNITY TIES) DISTRICT; SAID LAND BEING C KNOWN AS THE PUBLIC WORKS WAREHOUSE P LOCATED AT THE SOUTHWEST CORNER OF L� ROAD AND THE CSX RAILROAD, AS MORE P. LARLY DESCRIBED HEREIN; AMENDING "ZON: OF DELRAY BEACH, FLORIDA, 1994 "; PROV, GENERAL REPEALER CLAUSE, A SAVING AND AN EFFECTIVE DATE. (The official copy of Ordinance No. in the City Clerk's office.) Mr. Egan moved to approve Ordinanc Second and FINAL Reading, seconded by Mr. Schi call the Commission voted as follows: Mayor A] Schmidt -- Yes; Mr. Egan - Yes; Mr. Ellings% Randolph - Yes. Said motion passed with a 5 to 11. Comments and Inquiries on Non-Agenda Public-In=ediately following Public Hearings. 11.A. City Manager =s response to prior pub inquiries. There were no resiDonses to prior -Du AN ORDINANCE OF THE CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA, 4.6.9, "OFF- STREET PARKING REGULA' SUBSECTION 4 . 6 . 9 (E) , "LOCATION OF SPACES ", OF THE LAND DEVELOPMENT REGU OF THE CITY OF DELRAY BEACH, TO PROV: REVISED IN LIEU OF PARKING REGUL. AMENDING SECTION 4.4.13, "CENTRAL 13 (CBD) DISTRICT", SUBSECTION 4.4 "SUPPLEMENTAL DISTRICT REGULATIONS EXCLUDE RESTAURANTS FROM THE REDUCED REQUIREMENT IN THAT CERTAIN AREA OF MORE PARTICULARLY DESCRIBED HEREIN; ING A GENERAL REPEALER CLAUSE, A CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No in the City Clerk's .off ice . ) The City Attorney stated that certain had been made to Ordinance No. 47 -98 in respon: sion's requests at the November 3rd meeting. changes, the ordinance should rightfully be coi first reading and, if passed, a second reading ing will be noticed. After discussion, Mr. Egan moved to No. 47 -98 on FIRST Reading with additional c certain language and the effective date. The m ed by Mr. Schmidt. Upon roll call the Com follows; Mr. Schmidt - Yes; Mr. Egan - Yes; M: Yes; Mr. Randolph - No; Mayor Alperin - Yes. S with a 4 to 1 vote. agenda. At this point, the Commission returnE AWARD] OF BID FOR HISTORIC STRUCTURE 9.G. RECONSTRUCTION OF DRINKING WATER WELL �. Closeout Change order & Fina: Associates Inc.: Consider appr Change Order #1 in the net d $27,064.87 and final payment is $20,434.13 to Jaffer Associates, the referenced project, wits 442 -5178- 536 -63.97 (Raw Water WeL tion) . 2. Emergency Purchase Order /Well Inc.: Consider approval of an ei order in the amount of $25,300. Systems, Inc. to complete the deducted from Jaffer Associates' referenced project, with 442 -5178- 536 - 63.97. Richard Hasko, Director of Environs explained the two -part request before the City includes closeout of the original contract wit ates for this project, and approval of an en order to Well Water Systems to complete the we the rehabilitation of Well #24. He reviewed Jaffer Associates has encountered with complel and why it is essential the well rehabilitatior that clearance from the County's Department Resources Management to use the 20 Series u pursued. Mr. Schmidt moved to approve closeout in the net deduct amount of $27,064.87 and find amount of $20,434.13 to Jaffer Associates, I Jaffer Associates executing the appropriate d releases. The motion was seconded by Mr. Rand call the Commission voted as follows: Mr. Ell Mr. Randolph - Yes; Mavor Alperin - Yes; Mr. Sc of this achievement had been presented to Mrs. in the meeting. 9. H. APPOIN'T'MENT TO THE SITE PLAN REVIEi+ BOARD: Appoint a member to the Site Plan Revi( Board for a two year term ending August 31, 20C ment will be made by Commissioner Egan (Seat #2) Mr. Egan moved to appoint Roger DeCal member (landscape architect or landscaping e: Site Plan Review and Appearance Board for a two August 31, 2000. The motion was seconded by Mi roll call the Commission voted as follows: Mays Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. EllingE Randolph - Yes. Said motion passed with a 5 to 9.I. APPOINTMENT TO THE DELRAY BEACH H Appoint a resident member to the Delray Beach for a four (4) year term ending July 12, 2002. will be made by Commissioner Randolph (Seat #4). Mr. Randolph recommended the appoir Davis as a resident member to the Delray Beach for a four (4) year term ending July 12, 2002 accepted the recommendation. Mr. Randolph so m Mr. Egan. Upon roll call the Commission voted Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsw Randolph - Yes; Mayor Alperin - Yes. Said mot: 5 to 0 vote. 9.J. Discussion concerning the qRROintment er to fill the vacancy created by Mr. E an's res Mayor Alperin stated the discussion I be to select an individual to fill the vacancl vial appointment to be made at the next re,, December 1, 1998. In response to the comment: the meetina by Mrs. Jean Beer. Mavor Alperin no individuals submitting applications, several o: standing. At this point, Mayor Alperin opened t: nominations or recommendations. Mr. Schmidt placed the name of Pat nomination, noting that Mrs. Archer had talked Commissioner Egan announcing his resignation a the City Commission in March, 1999. Mr. Randolph placed the name of F nomination, noting that Mrs. Brown, too, plans 1 in the upcoming election. Mr. Ellingsworth stated he would sup tion of Mrs. Archer to fill the vacancy create( Egan's resignation.. Mayor Alperin stated he, too, would su tion of Mrs. Archer. It was the majority consensus of the to appoint Mrs. Patricia Archer to fill the vz the resignation of Commissioner Egan which will at the close of tonight's meeting. The of: appoint Mrs. Archer will be scheduled for the regular meeting of December 1, 1998. On behalf of the City Commission, M pressed his appreciation to everyone who had interest in the City of Delray Beach. 13. Comments and Inquiries on Non-Agenda I 13.A. City Manager. The City Manager stated that he had t on the City Commission and over all the years betterment of Delray Beach. 13.0.3. Commissioner Ellingsworth extended be Egan and his family on their relocation to the B 13.C.4. Commissioner Randol h, too, extended to Commissioner Egan. 13.C.5. _Mayor Alperin commented that he has ] several people complaining about the appeari 'Ramblin' Rose' riverboat. He asked that staf the boat to see if it is up to the quality assured we would be getting by the new owner. Mayor Alperin commented that on Tuesd there will be a special party honoring Clarenc installation as President of the National Leagu City Commission has a meeting that evening, sc that a proclamation be prepared in recognition ment and sent to him with the Commission's reg: able to attend the function. Mayor Alperin then updated the Cc frustration he has encountered in attempting Sun Sentinel with respect to his concerns ar comments in the newspaper repeatedly misreprese the public. He made it clear at the workshop longer speak to that reporter or to any repot Sentinel at least until he had a meeting with Alperin continued that nobody from The Sentin him. He called the newspaper a few weeks tat the editor here in Delray Beach refused to me then contacted the newspaper's offices in Fc meet with an editor and got a runaround for a It took eight telephone calls before he receive then they refused to set up a meeting. The I one of the senior editors and, after someth: Lastly, Mayor Alperin expressed h, Commissioner Egan for everything he has done on Beach. He stated it has been a real pleasure Egan and wished him and his family the best of ness in their move to Massachusetts. There being no further business, K Glared the meeting adjourned at 8:05 p.m. ATTEST: vl/; � M f LfflP v 'z 1 The undersigned is the City Clerk of the City Florida, and the information provided herein i the meeting of said City Commission of November minutes were formally approved and adopted by sion on December 8, 1998. NOTE TO READER: If plated as indicated minutes of the City minutes only after amendments, addition I_rAIO NUM. the minutes you have recei above, this means they are Commission. They will be( review and approval which or deletions.