05-01-01 ResultsCity of Delray Beach
Regular Commission Meeting
**** AGENDA RESULTS ****
Tuesday, May 1, 2001
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
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
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.
5.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Approved 4-0- Item 12 D was removed From the agenda)
APPROVAL OF MINUTES:
Regular Meeting of March 20, 2001
PROCLAMATIONS:
A.
(Approved 4-0)
Safe Boating Weekend - May 12 & 13
and Safe Boating Week - May 19 through May 25, 2001
Emergency Medical Service Week - May 20 through May 26, 2001
PRESENTATIONS:
CONSENT AGENDA: (Approved 5-0)
RESOLUTION NO. 33-01: Approve a resolution requesting funds from the Palm
Beach County Emergency Medical Services Grant Award program to be used for the
purchase of a Special Events Response Vehicle (SERV), two (2) 12-lead monitor
defibrillators, and two (2) automated external defibrillators.
B. FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT
GRANT: Approve the application for a matching grant for the Firefighter
Investment & Response Enhancement (FIRE) Act Grant 2001, provided by
F.E.M.A., for personal protective equipment. City's required 30% matching portion
is $27,981.60, with funding from 001-2315-526-52.22 (Uniforms).
RESOLUTION NO. 34-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 40 SW 6~h Avenue.
RESOLUTION NO. 35-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 245 NW lffh Avenue.
RESOLUTION NO. 36-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 815-941 SW 2ffh Court.
RESOLUTION NO. 38-01: Approve a resolution vacating and abandoning a 10'
utility easement within the Water's Edge development located at the southwest
corner of Lake Ida Road and Congress Avenue.
AMENDMENT #1 TO ENGINEERING AGREEMENT/MATHEWS
CONSULTING, INC.: Consider an amendment to the Engineering Agreement
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between the City and Mathews Consulting, Inc. to increase their hourly rates.
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CORAL-TECH
(POLICE DEPARTMENT COMMUNICATIONS CENTER): Approve
closeout Change Order #1 in the amount of $409.79 and final payment in the
amount of $11,510.98 to Coral-Tech for completion of the Police Department
Communications Center, with funding from 334.6112-519-63.22 (Police 800Mhz
Radio System).
CLOSEOUT CHANGE ORDER #4 & FINAL PAYMENT/REPUBLIC
CONSTRUCTION (VETERANS PARK RESTROOM): Approve closeout
Change Order #4 in the amount of $2,725.52 and final payment in the amount of
$29,027.73 to Republic Construction and Development Corporation for completion
of the Veterans Park Restroom project, with funding in the amount of $5,608.42
from 334-4126-572-62.10 (Veterans Park Restroom), -$3,196.50 from 446-4761-572-
62.10 (Veterans Park Playground Restoration), -$1,739.40 from 441-5161-536-62.10
(Lakeview Restroom), and $2,053.00 from 441-5161-536-62.10 (ESD Maintenance
Expansion).
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/ARBOR TREE
(ROAD BOND SWALES): Approve closeout Change Order #1 in the ded, ct
amount of $174,876.14 & final payment in the amount of $14,658.10 to Arbor Tree
for completion of the Road Bond Swales project, with funding from 448-5470-538-
65.41 (Swale Reconstruction).
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CHAZ
EQUIPMENT (BREEZY RIDGE ESTATE): Approve closeout Change Order
#1 in the amount of $39,021.33 & final payment in the amount of $56,629.13 to
Chaz Equipment for completion of the Breezy Ridge Estate project, with funding in
the amount of $8,600.00 from 442-5178-536-63.51 (R&R Sanitary Sewer), $12,093.00
from 442-5178-536-50 (R&R Water Distribution), $18,328.33 from 370-3162-541-
65.48 (2000 Road Bond-Breezy Ridge Estates).
FINAL PAYMENT/INTRASTATE CONSTRUCTION CORPORATION
(LAKE IDA 18" FORCE MAIN CROSSING): Approve final payment in the
amount of $10,471.75 to Intrastate Construction Corporation for completion of the
Lake Ida 18" Force Main Crossing project, with funding from 442-5178-536-65.18
(Lake Ida Road Utility Relocations).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve
subsidy for one (1) eligible applicant in the amount of $20,000.00, for vacant
property located on SW 5m Avenue. This represents the 122'~ applicant under the
Delray Renaissance Program. Funding is from 118-1924-554-83.01 (SHIP Program).
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendation
concerning outstanding liens on various properties.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
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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 April 19, 2001.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the
period April 16, 2001 through April 27, 2001. (Approved5-O. Sprab's Item-8PE to
be reconsidered at a later meeting)
Q. AWARD OF BIDS AND CONTRACTS:
Contract awards through Community Development Block Grant (CDBG)
Housing Rehabilitation Grants in the amount of $17,823.75 to South Florida
Construction for rehab of a single family home at 409 SW ffh Court, and in
the amount of $17,808.00 to William Hatcher Construction for rehab of a
single family home at 705 SE 2~ Avenue, with funding in the tota/amount of
$35,631.75 from 118-1963-554-49.19 (Housing Rehab CDBG) and contract
awards through the State Housing Initiative Partnership (SHIP) program in
the amount of $22,774.50 to William Hatcher Construction for rehab of a
single family home at 818 SW 6~h Avenue, and in the amount of $24,832.50
to Craftsman Plus, Inc. for rehab of a single family home at 813 SW 3~
Court, with funding in the total amount of $47,607.00 from 118-1924-554-
49.19 (SHIP Rehab Program).
Contract renewal for the purchase of gasoline and diesel fuel to multiple
vendors via the Palm Beach County Co-op Bid #99-166/PP at an estimated
annual cost of $347,715.99. Funding from account 445-4715-572-52.11
(Golf Course/Fuel) and 501-3311-591-52.51 (Garage/Fuel).
REGULAR AGENDA:
WAIVER REQUEST TO THE ALLEY IMPROVEMENT OBLIGATION:
Consider a waiver to LDR Section 6.1.2(A) (2) (a), associated with a request to
construct a garage at 333 NW 3~ Avenue. (Motion to de/er was approved 5-0)
SPECIAL EVENT/HAITIAN FLAG DAY: Consider a request for special event
approval for the Haitian Flag Day Celebration to be held on Sunday, May 20, 2001,
including temporary use permit, staff support, use of City equipment, and
consideration of waiving overtime costs. (Approved S-O)
SPECIAL EVENT REQUEST/DELRAY SPRING ART FESTIVAL:
Consider a request for special event approval to allow the Delray Spring Art Festival
to be held on May 26-27, 2001, including a temporary use permit for street closure
and staff support for security, with the event sponsor paying all overtime costs.
(Approved 5-0, subject to sta/?s recommendations.)
REQUEST FOR AN ADDITIONAL QUEUE/KYOTO SUSHI SAKE
LOUNGE: Consider a request to modify the Parking License Agreement with
Kyoto Sushi Sake Lounge, increasing the approved queue by one (1) space to
accommodate the creation of a separate pick-up area.
(Approved 5-0)
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REQUEST TEMPORARY PARKING PERMITS/CASTLE FLORIDA:
Approve a request from Castle Florida for temporary parking permits extending the
2-hour regulation (Worthing Lot behind the Grip Building), to accommodate
construction activities for Sopra Restaurant. Parking Management Advisory Board
recommended de~/a/..
(Approved J-2- Ms. McCarthy and Mr. $chmidt dissented)
CONTRACT AWARD/GTE BUILDERS (CITY MARINA & SARAH
GLEASON PARK: Consider approval of a contract award in the amount of
$749,522.60 to GTE Builders (second/ow b/d) for the City Marina Improvement and
Sarah Gleason Park Improvements Phase I project. Funding is available in the
amount of $372,870.00 from 426-4311-575-65.23 (City Marina Improvements),
$241,780.00 from 334-4181-572-63.90 (Sarah Gleason Park Improvements). The
balance of funds will be from 2000 Roadway Bond surplus, $94,323.00 from 370-
3162-541-65.23 and $40,550.00 from 370-3162-541-65.57 respectively.
(Approved
INITIATION OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS: Consider the initiation of an amendment to the LDR's Section
4.6.9 (Parking) and 4.6.16 (Landscaping) to accommodate preservation of mature
trees in parking areas.
(Approved
RESOLUTION NO. 32-01 (MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to the adopted
budget for FY 2001.
(Approved.q-O)
RESOLUTION NO. 37-01: Consider a resolution establishing a Charter Revision
Committee for the sole purpose of reviewing the City Charter and formulating
recommendations to the City Commission.
(Approved
APPOINTMENTS TO THE POLICE AND FIRE BOARD OF
10.
TRUSTEES: Appoint one member to the Police and Fire Board of Trustees to fill
an unexpired term ending June 30, 2002. Appointment will be made by
Commissioner Archer (Seat #2). Appoint one member for a two-year term ending
April 22, 2003. Appointment will be made by Commissioner Levinson (Seat #3).
(Approved `q-O- Ms. Archer appointed Harry Hamilton; Mr. Levinson
reappointed John Frysinger)
PUBLIC HEARINGS:
ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations regarding parking
requirements in the CBD (Central Business District) zone district to accommodate
required parking utilizing valet or tandem parking and establishing design standards
for valet and tandem parking arrangements. (Continued from the March 6m Regular
Commission Meeting). Staff recommends continuing to a date certain of May 15,
2001. (Motion to continue to May 1~ 2001 Meeting was approved 5-0)
ORDINANCE NO. 23-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending LDR Section 4.3.30) Foster Homes and
Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M).
(Approved
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11.
12.
ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and
Boating", Section 92.10, "Mooring to Public Property" of the City Code of
Ordinance to prohibit prolonged dockage at Veterans Park, and also the use of City
electricity and other utilities while docking.
(Approved 5-0)
ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking
Schedule" of the City Code of Ordinance by extending the two-hour parking
regulation along Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8
p.m. (Approved 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and
Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code
of Ordinance thereby adopting a method to be adhered to by Vegetation
Maintenance Companies and Public Utility Companies within the City of Delray
Beach in order to help control the spread of Citrus Canker.
(Approved 5-0)
RESOLUTION NO. 39-01 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): A
resolution adopting the Local Housing Assistance Plan for Fiscal Years 2001-2004
pursuant to the State Housing Initiatives partnership (SHIP) Program.
(Approved 5-0)
FROM THE
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(D) and
6.1.4(D), regarding paving of driveways and parking spaces, and providing an
amortization period. If passed, a public hearing will be scheduled for May 15, 2001.
(Approved 4-1- Ms. McCarthy dissented)
ORDINANCE NO. 33-01: An ordinance adopting the Community
Redevelopment Plan Amendment. If passed, a public hearing will be scheduled for
May 15, 2001.
(Approved 5-0)
ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the
City Code of Ordinances. If passed, a public hearing will be scheduled for May 15,
2001.
(Approved 5-0)
ORDINANCE NO. 32-01: An ordinance amending LDR 6.1.10(B) & (D),
regarding "Water Systems". If passed, a public hearing will be scheduled for May
15, 2001. (Pulled)
ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2),
regarding construction standards for sidewalks through driveways. If passed, a public
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hearing will be scheduled for May 15, 2001. (Approved g-ti)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
14.
A. City Manager
B. City Attorney
C. City Commission
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8)
Jesner ofJesner Exanor v. City of Delray Beach and James Edward Schmidt.
(8 p.m. convened to Closed Session)
Attendees: Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff perlman
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Kent Pratt, Esq.
A certified court reporter
re: the case of
Purpose:
Discuss settlement negotiations and strategy related to litigation expenditures
in the above case.
(Meeting reconvened at 8:45 p.m.
Adjourned at 9p.m.
05-01-01