06-19-01 ResultsCity of Delray Beach
Regular Commission Meeting
*** Agenda Results
Tuesday, June 19, 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.
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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.
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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.
ROLL CALL.
INVOCATION. (Reverend Nancy Norman, Unity Church o£ Delray gave the
invocation.)
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted agenda addendum o£item 9M and the removal
o£item 9J. The Agenda was approved, as amended,
APPROVAL OF MINUTES: (Approved 5-0)
· Regular Meeting - May 1, 2001
· Special Meeting-June 12, 2001
PROCLAMATIONS:
PRESENTATIONS:
A. Senator Ron Klein - Legislative Session Rap-Up
CONSENT AGENDA: City Manager Recommends Approval. (A//items under consent
were approved 5-0)
A. FDOT UTILITY PERMIT & HOLD HARMLESS
AGREEMENT/COCONUT KEY: Authorize the City to act as the utility permit
applicant for the construction of a water main within the state right-of-way (Atlantic
Avenue) and approve a hold harmless agreement with the developer (Town & Country
Builders, Inc.).
UTILITY EASEMENT/COCONUT KEY: Approve and accept a utility easement
deed which allows Coconut Key access to the Markland Lane right-of-way for the
construction of an eight (8) inch water main.
FINAL PLAT/COCONUT KEY: Approve the final subdivision plat for Coconut
Key, a sixty-nine (69) townhouse community located on the south side of West Atlantic
Avenue just east of Markland Lane.
BOUNDARY PLAT/DIMLO: Approve the boundary plat for Dimlo Plat, a four (4)
commercial structure project to be located on the north side of West Atlantic Avenue
just east of the Villa D'Este apartment complex.
HOLD HARMLESS AGREEMENT/GROVE SQUARE: Approve a hold
harmless agreement associated with the installation of a canopy at Grove Square, 55 SE
2'~ Avenue, on the east side of the road between East Atlantic Avenue and SE 1st Street.
RESOLUTION NO. 43-01: Approve a resolution assessing costs for abatement
action required for the demolition of an unsafe structure located at 31 SW 11m Avenue.
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RESOLUTION NO. 44-01: Approve a resolution assessing costs for abatement
action required to remove nuisances on seven (7) properties throughout the city.
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/RSI FLORIDA
RE-ROOFING): Approve closeout Change Order #1 in the amount of $1,780.00 and
final payment in the amount of $20,850.50 to R.S.I. Florida Inc. for completion of the
Police DeparUnent re-roofing contract. Funding from 334-6112-519-46.10 (General
Construction Fund/Building Maintenance).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy
for one (1) eligible applicant/family in the amount of $22,500.00 for property located
on SW 7m Avenue (new construction). This represents the 125m applicant under the
Delray Renaissance Program. Fundingis available from 118-1924-544-83.01 (SHIP Program).
PURCHASE AWARD/MOTOROLA: Approve a purchase award to Motorola in the
amount of $77,815.32 for additional radio equipment and accessories for the Fire
Department. Funding is available from 334-6112-519-63.22 (800 MHz Radio System).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
°
Accept the actions and decisions made by the Land Development Boards for the period
June 4, 2001 through June 15, 2001.
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AWARD OF BIDS AND CONTRACTS:
None
REGULAR AGENDA:
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WAIVER REQUEST/210 ENFIELD ROAD: Consider a request to waive the
requirement for a hedge to screen an opaque fence located within the front and side
street setbacks at 210 Enfield Road. (Denied3-2)
B. MOTION TO RECONSIDER PRIOR LIEN REVIEW COMMITTEE
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RECOMMENDATION: Consider a motion to reconsider the Lien Review
Committee's prior recommendation concerning Customer 55, David Hargrove.
(No motion given - Prior action stands)
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
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Consider approval of the Lien Review Advisory Committee's recommendation
concerning outstanding liens on various properties. (Approved 5-0)
UTILITY SERVICE AREA ENCROACHMENT: Consider action regarding
potable water service to Country Club Acres located west of Military Trail within Palm
Beach County. (Consensus: Sta££to explore it t~rther.)
FORM AGREEMENT REGARDING USE OF STRUCTURES FOR FIRE
TRAINING: Consider approval of a form agreement allowing the Fire DeparUnent to
perform training in structures planned for demolition and giving the City Manager
authorization to execute the agreement. (Approved 5-0)
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RESOLUTION NO. 41-01: Consider approval of Resolution No.41-01 authorizing
the acquisition of Lot 14, Block B, Carver Memorial Park (NW 15m Avenue). The
property will ultimately be utilized for drainage retention purposes. (Approved 5-0)
RESOLUTION NO. 42-01: Consider approval of Resolution No. 42-01 providing for
the election notto collect permit fees but to increase our local communications services
tax rate by 0.12%. (ApprovedS-O)
ITEM REMOVED
CONTRACT CANCELLATION/AWARD EMERGENCY CONTRACT:
Consider a request to cancel the contract award to OK Tours, Inc. for bus rental and
driver services for summer camp, football program, and holiday camp and approve an
emergency contract with Corporate Connection Sovereign Coach Tours in the total
amount of $49,465. Funding is available in the amount of $37,440 from001-4106-527-
44.90 (Summer Camp/Other Rental); $2,080 from 001-4121-572-44.90 (Athletics &
Special Events/Other Rental); $3,250 from 001-4105-572-44.90 (After School
Program/Other Rental); and $6,695 from 115-4912-572-55.30 (Special
Projects/Football). (Approved 5-0)
PROPOSED AGREEMENT/LADY LUCILLE CRUISES: Consider an
agreement with Lady Lucille for use of the dock at Veterans Park during the summer
months. (Removed by Applican0
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one member to the Downtown Development Authority (DDA). The term is
for three (3) years term ending July 1, 2004. Appointment will be made by Mayor
Schmidt (Seat #5). (Approved 5-0)
APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint four (4) members to the Community Redevelopment Agency (CRA). The
term is for four (4) years ending July 1, 2005. The appointments will be made by
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), and Mayor Schmidt (Seat #5). (A// appointments approved 5-0)
CONTRACT/FLORIDA STATE DEPARTMENT OF CHILDREN &
10.
FAMILIES: Consider approval of a contract with the Florida State Department of
Children and Families - Alcohol, Drug Abuse and Mental Health (ADND Program for
FY 2001-2002, providing the City $185,000.00 in substance abuse prevention funding
assistance. (Approved 5-0)
PUBLIC HEARINGS:
ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments,
Boards and Commissions" of the City Code of Ordinances by modifying Section 32.07
"Membership Qualification/Requirements". (ARprovedS-O)
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ORDINANCE NO. 32-01: An ordinance rezoning from GC (General Commercial) to
AC (Automotive Commercial) for a parcel of land located on the west side of North
Federal Highway approximately 920 feet north of Lake Avenue for Autobahn Motors,
Inc. Quasi-JudiciM Hearing. (Approved 5-0)
CONDITIONAL USE REQUEST/AUTOBAHN MOTORS
AUTOMOTIVE DEALERSHIP: Consider a conditional use request to
allow the establishment of a full service vehicle repair facility for Autobahn
Motors, Inc. located on the west side of North Federal Highway
approximately 920 feet north of Lake Avenue. (Approved 5-0)
WAIVER REQUEST/AUTOBAHN MOTORS AUTOMOTIVE
DEALERSHIP: Consider a waiver to LDR Section 4.4.10(F) (2) (d), which
requires a minimum lot area of 1.5 acres for Autobahn Motors Automotive
Dealership, located on the west side of North Federal Highway,
approximately 920 feet north of Lake Avenue. (Approved 5-0)
ORDINANCE NO. 37-01 (FIRST READING/FIRST PUBLIC HEARING: An
ordinance amending Land Development Regulations, Section 4.4.13 Regarding the
Parking Requirements in the CBD zone district to accommodate required parking
utilizing valet or tandem parking, and Section 4.6.9 establishing design standards and
regulations for valet and tandem parking arrangements. If passed, a second
reading/second public hearing will be scheduled for July 10, 2001. (Approved 5-0)
PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A
Public Hearing regarding the following actions relating to the proposed 4.6 acre mixed-
use project located on Blocks 28 and 36 (Atlantic Grove), on the north side of West
Atlantic Avenue, between NW 3~ and NW 5~h Avenues. The Public Hearing is
specifically to consider the following:
· Amending the current 2000-2001 Annual Action Plan for the City's Community
Development Block Grant Program (CDBG) to include submittal of
applications for an Economic Development Initiative (EDI) Grant and a
Section 108 Loan for the 4.6 acre mixed-use project. (Approved S-O)
Authorize the submittal of a $300,000 EDI Grant application and a $1.5 million
Section 108 Loan Guarantee application to assist with the development of the
4.6 acre mixed use project. (Approved 5-0)
ORDINANCE NO. 35-01: An ordinance amending Chapter 91, "Animals" of the
Code of Ordinances and amending Section 91.51 "Lighting Restrictions Along Beach",
to provide for a change in the dates and times that artificial lighting along the beach
shall be prohibited. (Approved 5-0)
ORDINANCE NO. 36-01: An ordinance amending Chapter 33, "Police and Fire
Departments" of the City Code of Ordinances, by amending Section 33.685, "Deferred
Retirement Option Plan", authorizing the Pension Board to select a third party
administrator to provide a self-directed investment program for DROP Accounts.
(Approved 5-0)
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15.
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:
None
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.286.011 (8) regarding the case
of Jesner Exanor v. City of Delray Beach case and Stephen Seldin v. City of Delray Beach
claim.
Attendees:
Mayor David W. Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff perlman
Commissioner Jon Levinson
City Manager David T. Harden
City Attorney Susan Ruby
Kent Pratt. Esq.
A certified court reporter
Purpose:
The City has scheduled a closed attorney-client session pursuant to Florida
Statues 286.011 (8) regarding the Jesner Exanor v. City of Delray Beach case and
Stephen Seldin claim. The estimated length of the closed session shall be 15
minutes.
Settelement ofJesner Exanor v. City of Delray Beach case and Stephen Seldin v. City of
Delray Beach claim.
*** ADJOURNED AT 8:00 P.M. ***
06-19-01