07-10-01 ResultsCity of Delray Beach
Regular Commission Meeting
***Results***
Tuesday, July 10, 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. (MjpjProved, m' ~me,ded, ¥-0. M~or /w/ed the mod/jfc~t/o,s to SL ~,d ~D.)
APPROVAL OF MINUTES:
· Regular Meeting - May 15, 2001 (M/)/)roved4-O)
· Regular Meeting - June 5, 2001 (M/)/)roved 4-0)
PROCLAMATIONS:
A. Commending the Delray Beach Youth Basketball Teams
(Junior, Intermediate and Senior)
PRESENTATIONS:
A. Honoring County Commissioner Addle Green
B. All America City Presentation
CONSENT AGENDA: City Manager Recommends Approval. (Mi3i3roved, as ame,ded, 4-0)
A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2001-02:
Formally initiate Comprehensive Plan Amendment 2001-2 pursuant to Section 9.2.1 of
the Land Development Regulations.
ACCEPTANCE OF UTILITY EASEMENTS/FOXE CHASE: Approve and
accept a utility easement from Marlo Shlesinger and from Michael and Michelle
Kaufman, (Foxe Chase Lot 15 and Lot 16), for the installation of an 8" water main
from the Hammock Reserve Project to Bridlewood Circle within the Foxe Chase
Development.
ACCEPTANCE OF UTILITY EASEMENT/SPANISH WELLS
CONDOMINIUM ASSOCIATION: Approve and accept a utility easement deed
from Spanish Wells Condominium Association for the extension of a sanitary sewer
main located in the Spanish Wells Subdivision to the new Valencia Court Development.
FINAL PLAT/VALENCIA COURT: Approve a final subdivision plat for Valencia
Court, a proposed 6 lot subdivision, located on the north side of Old Germantown
Road, east of the Spanish Wells Subdivision.
FINAL PLAT/RECTORY PARK: Approve the boundary plat for Rectory Park
located on the southwest corner of the intersection of Atlantic Avenue and Swinton
Avenue.
-2-
07-10-01
FINAL PLAT/FIDELITY FEDERAL BANK: Approve the final plat for the
Fidelity Federal Bank located south of SE 1st Street between the Federal Highway pairs.
FINAL PLAT/WATERFORD PARK: Approve the final plat for Waterford Park
located south of the intersection of Lindell Boulevard and SW 10m Avenue.
CONSENT TO SUBLEASE/MONTEREY HOUSE: Approve the Consent to
Sublease for property known as the Monterey House between the Florida DeparUnent
of State's Division of Historical Resources (FDSHR) and the Delray Beach Historical
Society (DBHS) for a one (1) year term ending August 1, 2002.
POLICE SUBSTATION LEASE AGREEMENT/MDN LAKE IDA, INC:
Approve the lease agreement between MDN Lake Ida, Inc. and the City of Delray
Beach for a Police Substation located at 600 North Congress Avenue, Unit #420, for a
term ending December 31, 2001.
FUNDING AGREEMENT WITH PALM BEACH COUNTY/JP MORGAN
TENNIS CHALLENGE: Approve an agreement between the City of Delray Beach
and Palm Beach County for funding in the amount of [g25,000 to help offset the City's
costs associated with the JP Morgan Chase Tennis Challenge Event.
SECOND AMENDMENT/PALM BEACH COUNTY/WEED AND SEED
PROGRAM: Approve the Second Amendment to the Interlocal Agreement between
the City of Delray Beach and Palm Beach County for the Weed and Seed Program,
extending the City's services as fiscal agent through September 30, 2002.
SERVICE AUTHORIZATION # 99-03/LAWSON, NOBLE & WEBB/SW
AREA #3: Approve Service Authorization #99-03 in the amount of [g66,677.26 with
Lawson, Noble & Webb for improvement in the SW Area III and NW 13~h & NW 14~h
Avenue. Funding from 370-3162-541-65.59 (SW Area III/NW 13~h & 14~h Avenue).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 18, 2001 through July 6, 2001.
AWARD OF BIDS AND CONTRACTS:
Bid award to multiple vendors for the purchase of chemicals and fertilizers, via
the City of Delray Beach Co-op Bid #2001-25 at an estimated annual cost of
[g183,000. Funding in the estimated annual cost of [g69,000 from Parks and
Recreation Operating Budget and in the estimated annual cost of [gl 14,000 from
the Delray Beach Municipal Golf Course and Lakeview Golf Course operating
budgets.
Approve the contract renewal with Office Depot via the Florida Atlantic
University Agreement #OP A80 for the purchase and delivery of office supplies
for an estimated annual cost of [g126,350. Funding from various departments
operating budget.
07-10-01
REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
Bo
Co
Consider an appeal of the Site Plan Review and Appearance Board's action to deny a
sidewalk waiver associated with a Class II Site Plan Modification for Ocean Hammock.
Quasi-Judicial Hearing ~otion to de~ the ,:aiver ,:as ~])roved 4-0)
CONDITIONAL USE REQUEST: Consider a conditional use request to allow the
establishment of an assisted living facility for Mil-Atlantic, located on the west side of
Military Trail approximately 650 feet south of West Atlantic Avenue. Quasi-Judicial
Hearing (~4iOiOroved 4-0, s,bject to conditions)
RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT &
MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT
Do
ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and
Memorandum of Understanding between the City and the Police Benevolent
Association (Police Officers and Sergeants) for the three year period October 1, 2001
through September 30, 2004. (~4])])roved 3-0)
RESOLUTION NO. 45-01: Consider approval of Resolution No. 45-01 which
supports Amtrak passenger rail service between Jacksonville and Miami along the East
Coast of Florida. (~4pproved 4-0, as amended)
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate voting delegate to the Florida League of
Cities' 75~h Annual Conference to be held at the Wyndham Palace Hotel & Spa, Lake
Buena Vista on August 23-25, 2001. ~or David ~. Schmidt -~4])])roved 4-0)
PROPOSAL FOR SETTLEMENT ALWANI v. CITY: Consider a proposal for
settlement in the Alwani v. City of Delray Beach case. (SeO/ement accOted- ~4pproved 4-0)
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one member to the Downtown Development Authority to fill an unexpired
term ending July 1, 2002. The appoinunent will be made by Commissioner Perlman
(Seat ~1). (l~'c/,a,'d M~G/oin- ~4:o:Oro~ed 4-0)
APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint the
following members to the Nuisance Abatement Board; three (3) regular members with
term ending March 31, 2003 and one (1) regular member with an unexpired term ending
March 31, 2002. Also appoint two (2) alternate members with term ending March 2003.
The regular member appoinmqents will by made by Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman
(Seat #1), and the alternate members by Commissioner Archer (Seat #2) and
Commissioner Levinson (Seat #3). (3/r: Levinson ~j/oointed Rober~ Gi//es]oie, as Re£,/ar; and
[f era Scold, as ~4/ternate; Ms. McCarth~ ~])ointed Eve~n Dobson; M~or ~chmidt ~])ointed Jose
RamieS5' Mrs'. Mrcher ~])ointed John Mi//er; Jr:, as M#ernate. Mppointments ,:em ~])roved 4-0)
-4-
07-10-01
10.
11.
12.
13.
14.
PUBLIC HEARINGS:
ORDINANCE NO. 37-01 (SECOND READING/SECOND 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.
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 (~4t/a~tz'c Gro~e), on the north side of West
Atlantic Avenue, between NW 3~d and NW 5~h Avenues:
· Authorize the submittal ora S1.5 million Section 108 Loan Guarantee application to
assist with the development of the 4.6 acre mixed use project (continued from the
June 19, 2001 Commission Meeting).
to e4, eoo - 4-0
(It has been requested that this item be continued to a date certain o£July 24,
2oo .)
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:
A. ORDINANCE NO. 38-01: An ordinance rezoning from RM (Medium Density
Residential) to CF (Community Facilities) for the First Presbyterian Church and the
abutting Fisler Property located on Gleason Street south of East Atlantic Avenue. If
passed, a public hearing will be scheduled for July 24, 2001.
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 City of Delray Beach v. Florida Deparunent of Agriculture and Consumer Services and Terry
L. Rhodes, in her capacity as Commissioner of Florida Department of Agriculture and
Consumer Service, Case No. CL 01-2707 AD.
07-10-01
Attendees:
Purpose:
Mayor David Schmidt
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Commissioner Jeff perlman
City Manager David T. Harden
City Attorney Susan Ruby
Assistant City Attorney Jay Jambeck
A certified court reporter
The City has scheduled a closed attorney-client session pursuant to Florida
Statutes 286.011(8) in the case of City of Delray Beach v. Florida Department of
Agriculture, et al. The estimated length of the closed session shall be 20
minutes.
*** ADJOURNED 8:16 P.M. ***
07-10-01