02-06-01 ResultsCity of Delray Beach
Regular Commission Meeting
KtILES FOR PUBLIC PARTICIPATION
Tuesday, February 6, 2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
Bo
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
Co
Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetinas in the Commission Chambers.
2.
3.
4.
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE TO THE FLAG
AGENDA APPROVAL (Approved, as amended, $-0. Mayor noted the agenda addendum
of item 9N-Del Raton Park Replat; Items 9C, 12B, 12C and 12D were removed)
APPROVAL OF MINUTES:
· Regular Meeting of January 16, 2001 (Approved 5-0)
PROCLAMATIONS:
A.
Recognizing and commending the Delray Rocks and Cheerleaders on their
achievements during the 2000 Season
Recognizing and commending Gene Tarver for his outstanding community service
and contributions to the youth of Delray Beach
C. Recognizing the First Sister City Delegation to Moshi, Tanzania
PRESENTATIONS:
A. Distinguished Budget Presentation Award for the Fiscal Year beginning October 1,
1999
CONSENT AGENDA: (All items under consent were approved 5-0)
A. AGREEMENT FOR FACILITATION SERVICES/DOWNTOWN BUSINESS
DISTRICT PLAN: Approve an agreement between the City and Pat Bidol-Padva,
Ph.D., for facilitation services associated with the MacArthur Grant/Downtown
Business District Plan, in the amount of $15,000 with funding from 001-6113-559-
31.90 (MacArthur Gram).
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Approve the Lien Review Advisory Committee's recommendations concerning the
disposition of outstanding liens on 25 outstanding customer files.
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/OCEAN
HAMMOCK: Authorize the City to act as the utility permit applicant for the
construction of a water main within state right-of-way (A1A) and approve a hold
harmless agreement wherein the developer (Ironwood Properties, Inc.) agrees to hold
the City harmless for work performed by the developer in the state right-of-way,
associated with the Ocean Hammock townhouse development located at the
-2-
02-06-01
southwest corner of Pelican Lane and A1A.
DECLARATION OF RESTRICTIONS BY F.I.N.D. ON THE ODABACHIAN
PROPERTY: Approve a Declaration of Restrictions requested by the Florida
Inland Navigation District (F.I.N.D.) which provides that the Odabachian property
recently purchased by the City shall be used as a public boat parking area in
conjunction with the planned boat ramp to be constructed on the adjacent F.I.N.D.
parcel (MSA 650).
LETTER OF AGREEMENT/GLATTING JACKSON KERCHER ANGLIN
LOPEZ RINEHART, INC. (PARKS AND RECREATION MASTER PLAN):
Approve a letter of agreement between the City and Glatting Jackson Kercher Anglin
Lopez Rinehart, Inc. for that firm to perform a Needs Assessment and prepare a
Master Plan for the Parks and Recreation Department, with funding in the amount of
$78,700 from 334-6111-519-31.30 (General Construction Fund -
Engineering/Architectural).
AMENDMENT #1 TO INTERLOCAL AGREEMENT WITH PALM BEACH
COUNTY/CNG FUEL MANAGEMENT SERVICES: Approve Amendment #1
to the interlocal agreement between the City and Palm Beach County for CNG
(Compressed Natural Gas) fuel management services by extending the agreement for
five (5) years, to August 18, 2006.
SERVICE AUTHORIZATION #7/MATHEWS CONSULTING, INC. (N.E. 4TM
STREET WIDENING): Approve Service Authorization #7 in the amount of
$24,700.00 with Mathews Consulting, Inc. for engineering services associated with
the widening of NE 4th Street from NE 2nd Avenue to NE 5th Avenue (southbound
Federal Highway), including coordination with FEC Railway regarding the FEC
crossing, with funding from 334-3162-541-65.19 (General Construction - NE 4th
Street Improvements).
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/MOLLOY
BROTHERS (SEACREST/DEL-IDA NEIGHBORHOOD IMPROVEMENTS
PHASE I): Approve closeout Change Order #1 in the amount of $27,106.50 and
final payment in the amount of $40,146.75 for completion of the Seacrest/Del-Ida
Neighborhood Improvements Phase I project, with funding in the amount of $10,200
from 442-5178-536-63.50 (W&S R&R - Water Distribution Improvements),
$16,906.40 from 334-3162-541-62.54 (General Construction Capital Outlay -
Seacrest/Del-Ida), and $13,040.35 from 448-5461-538-63.97 (Stormwater - Other
Improvements).
CLOSEOUT CHANGE ORDER #2 & FINAL PAYMENT/SIGA INC.
(ORCHARD VIEW PARK): Approve closeout Change Order #2 in the amount of
$2,970.54 and final payment in the amount of $6,052.66 to SIGA Inc. for completion
of the Orchard View Park project, with funding from 334-6112-519-63.40 (General
Construction Fund - Recreational Improvements).
02-06-01
J. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the amount of $21,375.00 for an
income eligible applicant under the Delray Beach Renaissance Program, with
funding from 118-1924-554-83.01 (SHIP Program), representing the 117th
homeownership assistance grant provided through the program to-date.
SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $16,047.00 to allow the applicant to obtain a new
mortgage for construction of a single family home.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions
approved by the South Central Regional Wastewater Treatment and Disposal Board
at the quarterly meeting of January 18, 2001.
RESOLUTION NO. 7-01: Approve a resolution supporting increased funding for
Regional Planning Councils.
RESOLUTION NO. 8-01: Approve a resolution assessing costs for action
necessary to abate nuisances on twenty-three (23) properties throughout the City.
APPOINTMENT OF OUTSIDE COUNSEL/MERVIL & SELDIN CLAIMS:
Approve the appointment of outside counsel in the referenced matter as
recommended by the City Attorney.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the
period January 16th through February 2, 2001.
AWARD OF BIDS AND CONTRACTS:
Bid award in the estimated amount of $87,400 to CSR Rinker for the annual
Ready Mix Concrete contract, via joint bid with the City of Boynton Beach,
with funding from 001-3113-541-53.90 (Streets Maintenance - Other Road
Materials) and various capital project accounts
Bid award in the estimated amount of $15,680 to Tanner Industries for the
annual Anhydrous Ammonia contract for the Water Treatment Plant, via joint
bid with the City of Boynton Beach, with funding from 441-5122-536-52.21
(Water Treatment & Storage - Chemicals).
Purchase award in the total amount of $16,800 to Otto Industries, Inc. for the
purchase of 588 68-gallon roll garbage carts, with funding from 433-3711-
534-49.35 (Sanitation Fund/Cart Renewal & Replacement). 108 of the carts
-4-
02-06-01
will be delivered free of charge as warranty replacements for defective carts.
Contract award in the amount of $702,506.25 to Rosso Paving & Drainage,
Inc. for the Marty Fladell Drive & N.W. 18th Avenue improvements, a 2000
Roadway Bond project, with funding in the amount of $338,088.45 from
370-3162-541-65.47 (2000 Roadway Bond Program), $182,148.50 from 448-
5470-538-65.47 (Stormwater), and $182,269.30 from 441-5161-536-65.47
(Water & Sewer New Capital).
Purchase award in the amount of $30,870.00 to RLS Lighting, Inc. for the
purchase of park benches and litter containers to be placed along Pineapple
Grove Way (N.E. 2nd Avenue) between Atlantic Avenue and N.E. 4th Street,
with funding in the amount of $11,130 from 433-3711-534-49.35 (Sanitation
Fund - Cart Renewal & Replacement) and $19,740.00 from 334-6111-519-
65.12 (General Construction Fund - NE 2nd Avenue Improvements).
REGULAR AGENDA:
CONDITIONAL USE REQUEST/CUSTOM CAR WORKS: Consider approval
of a request for conditional use approval to establish a window tinting and car stereo
sales/installation operation for Custom Car Works, located within the LL Park of
Commerce located at the northeast corner of Congress Avenue and Dr. Carol Krol
Way. The subject property is zoned MIC (Mixed Industrial and Commercial)
District. QUASI-JUDICIAL PROCEEDING (Approved 5-0)
B. RECONSIDERATION OF A CONDITION OF APPROVAL FOR
WATERWAY VILLAGE: Consider a request to modify the original conditions of
approval with respect to off-site improvements associated with Waterway Village, a
proposed mixed use (residential/commercial) development located at the southwest
corner of South Federal Highway and Lindell Boulevard. (Approved 5-0, as
recommended by staff.)
WAIVER REQUEST TO REDUCE OPEN SPACE REQUIREMENT/BLOCK
69 MUNICIPAL PARKING GARAGE: Consider a request to waive LDR Section
4.4.13(F)(2) to reduce the required 10% open space to 8.3% open space for the Block
69 Municipal Parking Garage, proposed to be located on the west side of S.E. 1st
Avenue, approximately 250 feet south of East Atlantic Avenue. QUASI-
JUDICIAL PROCEEDING (Removed Rescheduled for 2/20/01)
SPECIAL EVENT REQUEST/6T}I ANNUAL WINTER STREET CRAFT
FESTIVAL: Consider a request for special event approval to allow the 6th Annual
Delray Beach Winter Street Craft Festival to be held on February 24-25, 2001,
including a temporary use permit for street closure and staff support for security,
with the event sponsor paying all overtime costs. (Approved 4-0)
02-06-01
SPECIAL EVENT REQUEST/ST. PATRICK'S DAY PARADE: Consider a
request for special event approval to allow the 33ra Annual St. Patrick's Day Parade
to be held on Saturday, March 17, 2001, including temporary use permits for street
closures, staff support for traffic control and security, barricading, trash removal and
assistance in obtaining the FDOT permit. (Approved 4-0)
REQUEST FOR FUNDING/THE DELRAY BEACH CHORALE: Consider a
request from the Delray Beach Chorale for financial support to assist with the
group's trip to Eisenstadt, Austria, in August 2001. (Approved 3-2)
BID AWARD/LANDSCAPE MAINTENANCE FOR ATLANTIC AVENUE
GREENWAY PLAN: Consider approval of a bid award in the estimated amount of
$14,793.00 to First Genesis Lawn Service as the lowest responsive, responsible
bidder (second low bid) for the annual landscape maintenance contract for the
Atlantic Avenue Greenway Plan (vacant lots), with funding from 119-4144-572-
46.40 (Beautification - Maintenance). (Approved 4-0)
AIRCRAFT NOISE. ,(No motion)
POLICE OFFICER RECRUITMENT AND RETENTION. ,(No motion)
APPOINTMENTS TO THE TENNIS FACILITIES TASK TEAM: Appoint ten
(10) members to the Tennis Facilities Task Team. The appointments will be made
on the rotation basis, beginning with Commissioner Perlman (Seat #1) through
Commissioner Archer (Seat #2), Commissioner Schwartz (Seat #3), Commissioner
McCarthy (Seat #4) and Mayor Schmidt (Seat #5). (Approved 5-0)
APPOINTMENT TO THE EDUCATION BOARD: Appoint a member to the
Education Board to fill an unexpired term ending July 31, 2002. The appointment
will be made by Commissioner Archer (Seat #2). (Approved 5-0)
APPOINTMENT TO THE GENERAL EMPLOYEES PENSION BOARD:
Appoint a member to fill a vacated position on the General Employees Pension
Board. The appointment will be made by Commissioner Schwartz (Seat #3).
(Approved 5-0)
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Consider
approval of the Code Enforcement Board's recommendation to move a regular
member to an alternate member position, and appoint two regular members to the
Code Enforcement Board to fill unexpired terms ending January 14, 2003, and
January 14, 2002, respectively. The appointments will be made by Commissioner
McCarthy (Seat #4) and Mayor Schmidt (Seat #5).
(Approved 5-0)
02-06-01
10.
PUBLIC HEARINGS:
A. ORDINANCE NO. 3-01 (SECOND READING/SECOND PUBLIC HEARING):
An ordinance amending the Land Development Regulations by placing a moratorium
on business uses as defined herein opened for business at any time between the hours
of 12:00 midnight and 5:00 a.m. for a period of six months from the date of adoption
of this ordinance in the General Commercial zoning district and the Central Business
District within the Downtown Development Authority area. (Approved 5-0)
ORDINANCE NO. 4-01 (SECOND READING/SECOND PUBLIC HEARING:)
11
12.
An ordinance amending LDR Section 4.4.13, "Central Business (CBD) District",
Subsection 4.4.13(G), "Supplemental District Regulations", by increasing the
parking requirement for restaurants in the original Downtown Development
Authority area. (Approved 5-0)
ORDINANCE NO. 6-01 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending LDR Sections 4.4.13(G) and 4.4.24(G) by modifying the one
time one space parking reduction within the Central Business District and the Old
School Square Historic Arts District. If passed, a second public hearing will be
scheduled for February 20, 2001. (Approved 5-0)
ORDINANCE NO. 7-01 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the LDRs regarding parking requirements in the CBD (Central
Business District) to accommodate required parking by utilizing valet or tandem
parking and establishing design standards for valet and tandem parking
arrangements. If passed, a second public hearing will be scheduled for February 20,
2001. (Motion to deny was approved 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-
IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries
B. From the Public
FIRST READINGS:
ORDINANCE NO. 10-01: An ordinance providing for a Charter revision by
amending Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office;
Filling of Vacancies", by repealing Subsections 3.06(C) and (D), and enacting new
Subsections 3.06(C)(1) and (C)(2) to provide for the filling of a vacancy in the
Office of Mayor, providing the length of the Mayor's successor's term and that of
the Commissioner serving in the successor's former seat, including the manner of
selection; and providing for a referendum to be held on March 13, 2001. If passed, a
public hearing will be scheduled for February 20, 2001. (Motion to deny was
02-06-01
approved 5-0)
RESOLUTION NO. 9-01: A resolution calling for a special election on a
Charter change to be held on March 13,2001, to provide for a referendum on
the Charter change presented in Ordinance No. 10-01.
ORDINANCE NO. 11-01: An ordinance providing for a Charter revision by
amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form
of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to provide
an exception to term limits to allow the Mayor or Commissioner elected to a two
year term to complete the term to which they were elected if the six consecutive year
term limit falls during the elected two year term; and providing for a referendum to
be held on March 13, 2001. If passed, a public hearing will be scheduled for
February 20, 2001. (Removed)
RESOLUTION NO. 10-01: A resolution calling for a special election on a
Charter change to be held on March 13,2001, to provide for a referendum on
the Charter change presented in Ordinance No. 11-01.
ORDINANCE NO. 12-01: An ordinance providing for a Charter revision by
amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form
of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to provide
that in addition to time served to fill a partial unexpired term as a result of
appointment being not included in the six (6) consecutive years term limit, that time
served to fill a partial unexpired term as a result of an election is also not included in
the six (6) consecutive years term limit; and providing for a referendum to be held on
March 13, 2001. If passed, a public hearing will be scheduled for February 20, 2001.
(Removed)
1. RESOLUTION NO. 11-01: A resolution calling for a special election on a
Charter change to be held on March 13,2001, to provide for a referendum on
the Charter change presented in Ordinance No. 12-01.
ORDINANCE NO. 13-01: An ordinance providing for a Charter revision by
amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form
of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to provide
that a Commissioner may serve for six (6) consecutive years as Commissioner and
the Mayor may serve for six (6) consecutive years as Mayor; and providing for a
referendum to be held on March 13, 2001. If passed, a public hearing will be
scheduled for February 20, 2001.
(Removed)
1. RESOLUTION NO. 12-01: A resolution calling for a special election on a
Charter change to be held on March 13,2001, to provide for a referendum on
the Charter change presented in Ordinance No. 13-01.
02-06-01
13.
ORDINANCE NO. 14-01: An ordinance providing for a Charter revision by
amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form
of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-
Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to clarify
the "one year" exclusion from serving after completion of a term; and providing for a
referendum to be held on March 13, 2001. If passed, a public hearing will be
scheduled for February 20, 2001.
(Motion to deny was approved 5-0)
RESOLUTION NO. 13-01: A resolution calling for a special election on a
Charter change to be held on March 13,2001, to provide for a referendum on
the Charter change presented in Ordinance No. 14-01.
ORDINANCE NO. 15-01: An ordinance designating the Water House located at
916 and 918 N.E. 5th Street as a local historic site and adding it to the Local Register
of Historic Places. If passed, a public hearing will be scheduled for February 20,
2OOl. (Approved 5-0)
ORDINANCE NO. 16-01: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the City Code to provide for a change in
the investment parameters for common or capital stock in the Police and Fire
Pension Plan. If passed, a public hearing will be scheduled for March 6, 2001.
(Approved 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
City Manager
City Attorney
City Commission
***Meeting adjourned at 10:15 p.m.***
02-06-01