07-24-01 ResultsCity of Delray Beach
Regular Commission Meeting
*** Results ***
Tuesday, July 24, 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.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Item 8E was moved from Consent to ReguIar, under 9AA. The
Agenda was approved, as amended, 5-0)
APPROVAL OF MINUTES:
· June 19, 2001
· July 10,2001
(Both minutes were approved 5-0)
PROCLAMATIONS:
PRESENTATIONS:
CONSENT AGENDA: City M~nager Recommends Approval.
(The Consent Agenda was approved 5-0)
A. HOLD HARMLESS AGREEMENT/CHAMBERS OFFICE CENTER:
Approve a hold harmless agreement between the City and B.C. Properties &
Investment, LLC, the developer of the Chambers Office Center, located on the South
Side of West Atlantic Avenue between Whatley Road and Sherwood Forest Drive,
wherein the City agrees to act as the utility permit applicant for the purpose of
constructing utilities within FDOT right-of-way and the developer agrees to hold the
City harmless for the work performed under the permit.
B. REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING/ST.
PAUL'S EPISCOPAL CHURCH: Approve a request to allow a temporary modular
building at St. Paul's Episcopal Church, located north of SW 2~d Street, between South
Swinton Avenue and SW 1st Street for a period of one (1) year.
DEDUCT CHANGE ORDER # 1 & FINAL PAYMENT/JMW
CONSTRUCTION CORP. (RENOVATIONS POMPEY PARK PHASE II):
Approve deduct closeout Change Order # 1 in the amount of -$~000.00 and final
payment in the amount of $3,395.14 to JMW Construction Corp. for completion of
renovations to Pompey Park Phase II project. Funding from 334-4172-572-63.03
PROOF OF CLAIM/BROCK v. MERRILL LYNCH & CO., et al: Approve the
recommendation for the City to opt-in to the proposed Class Action Settlement and
Fairness Hearing in the Brock v Merrill Lynch & Co., et al.
REQUEST FOR RELEASE OF LIENS: Approve a request for the release of liens
in the amount of $2,748.50 for property located at 332 NW 11~ Avenue.
(Motion to DENY the request was approved 5-0)
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F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 9, 2001 through July 20, 2001.
G. AWARD OF BIDS AND CONTRACTS:
Housing Rehabilitation grant awards through Community Development
Division Housing Rehabilitation Grants in the amount of $12,636.75 to Abisset
Corporation for 309 SW 1Zh Avenue, and two (2) contract awards to Hatcher
Construction for 421 SW ffh Court in the amount of $22,651.65, and 229 SE 1st
Avenue in the amount of $12,747.00. Funding in the totalamount of $48,035.40
is available from 118-1924-554-49.19 (SHIP Rehab Program).
REGULAR AGENDA:
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CONDITIONAL USE REQUEST: Consider a conditional use request to allow the
establishment of a 24-hour child care facility for Grammy's Place, Inc. located at the
northeast corner of South Swinton Avenue and SE 3~d Street. (Planning and Zoning
Board is recommending denial based upon a failure to make positive findings with
respect to Section 2.4.5(E)(5) (Compatibility) of the LDR's) Quasi-Judicial Hearing
(Approved 5-0)
CONDITIONAL USE REQUEST: Consider a conditional use request to allow a
mixed-use development with a density of more than 12 units per acre for the Atlantic
Grove Redevelopment Project located on the north side of West Atlantic Avenue,
between NW 3~d and NW 5~h Avenues. Quasi-Judicial Hearing
(Approved 5-0)
APPROVAL OF CITY POLICY FOR NEIGHBORHOOD TRAFFIC
Do
Go
CALMING: Consider approval of the proposed Policy for Neighborhood Traffic
Calming.
(Approved 5-0)
ESTABLISHMENT OF PROPOSED MILLAGE RATE: Consider establishing
the proposed millage rate for FY 2002.
(Approved 5-0)
CONSULTANT HISTORICAL SITE PLAN PHASE II /JANUS RESEARCH:
Consider approval of second lomest bidder, Janus Research to act as our consultant for
Phase II of the Historical Site Plan in the amount of $25,085.75. Funding is available in
a $10,000.00 grant from the Florida Department of State, Division of Historical
Resources and the remainder from Planning and Zoning Deparnnent's budget.
(Approved 5-0)
APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular
members to the Education Board with two-year terms ending July 21, 2003.
Appoinnnents will be made by Commissioner McCarthy (Seat #4), Mayor Schmidt
(Seat #5), Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2),
Commissioner Levinson (Seat #3), and Commissioner McCarthy (Seat #4).
(Approved)
APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
three (3) regular members to the Historic Preservation Board with two-year terms
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ending August 31, 2003. Appointments will be made by Commissioner Levinson (Seat
#3), Commissioner McCarthy (Seat #4), and Mayor Schmidt (Seat #5).
(Approved)
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority with four year
term ending July 14, 2005. Appointment will be made by Commissioner McCarthy
(Seat #4), subject to acceptance by the Mayor.
(Approved)
APPOINTMENTS TO THE SITE PLAN REVIEW & APPEARANCE
10.
BOARD: Appoint two (2) regular members to the Site Plan Review and Appearance
Board for with two-year terms ending August 31, 2003. Appoinunents will be made by
Commissioner Perlman (Seat #1) and Commissioner Archer (Seat #2).
(Approved)
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two
(2) regular members the Code Enforcement Board with term ending January 14, 2002
and January 14, 2004, and two (2) alternate members with term ending January 14, 2002
and January 14, 2004. The regular appointments will be made by Commissioner
Perlman (Seat #1), and Commissioner Archer (Seat #2). The alternate appointments
will be made by Commission Levinson (Seat #3)and Commissioner McCarthy(Seat #4).
(Approved)
K. FUNDING REQUEST/DELRAY BEACH HOUSING AUTHORITY:
Consider approval of a request from the Delray Beach Housing Authority to provide
bridge funding for the acquisition of 3.08 acres of undeveloped property between SW
10~h Street and SW gh Street, for the construction of affordable housing. Funding is
available from 118-1922-554-49.14 (HOPE3 Acquisition Rehabilitation).
(Approved ~-0)
PUBLIC HEARINGS:
PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A
Public Hearing regarding the following action relating to the proposed 4.6 acre mixed-
use project located on Blocks 28 and 36 (Mf&,f/c Gro~:e), on the north side of West
Atlantic Avenue, between NW 3~d and NW 5m Avenues:
· Authorize the submittal of a $1.5 million Section 108 Loan Guarantee application to
assist with the development of the 4.6 acre mixed use project (continued from the
July 10, 2001 Commission Meeting).
(Approved 5-0)
ORDINANCE NO. 41-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations Appendix "A" and Section
4.3.3 adding a definition and special regulations regarding 24-hour businesses and listing
24-hour businesses as a conditional use in certain non-residential zoning districts. If
passed, a second public hearing will be scheduled for August 7, 2001.
(Approved 5-0)
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.
Quasi Judicial Hearing (Approved 5-0)
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11.
12.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
ORDINANCE NO. 40-01 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Land Development Regulations Section 4.4.11 (B) (3) to provide for
business and professional offices as a permitted use in the NC (Neighborhood
Commercial) zoning district, amending Section 4.4.11 (C)(2) to provide for refuse and
service areas and by amending Section 4.4.11 (H) to prohibit outdoor storage. If passed,
a second public hearing will be scheduled for August 7, 2001.
(Approved .5-0)
RESOLUTION NO. 46-01: A resolution establishing a budget for the Stormwater
Utility System, establishing the rates for FY 2002 Stormwater Management
Assessments, and certifying and adopting the Stormwater Assessment Roll.
(Approved .5-0)
FROM THE
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
A. ORDINANCE NO. 42-01: An ordinance rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities) a parcel of land located on the west side of
NW 4~h Avenue, approximately 150 feet south of NW 1st Street to accommodate an off-
street parking lot associated with the Atlantic Grove Redevelopment project. If passed,
a quasi-judicial public hearing will be scheduled for August 7, 2001.
(Approved 5-0)
t3. ORDINANCE NO. 43-01: An ordinance amending the Land Development
Regulations Section 4.6.9(E)(3)(b) to include a map which delineates the in-lieu of
parking fee areas and corresponding fee amounts. If passed, a public hearing will be
scheduled for August 7, 2001.
(Approved 5-0)
C. ORDINANCE NO. 44-01: An ordinance amending Chapter 33, Police and Fire
Departments Pension, Section 33.66 and Section 33.66(E) (2) (b) of the City Code of
Ordinances which modifies the Police and Fire Pension Plan to conform with the
Division of Retirement's concerns and meet the requirement of F.S. 112.661(5)(b). If
passed, a public hearing will be scheduled for August 7, 2001.
(Approved 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
***Ad/ourned at 9:lOp.re. ***
07-24-01