09-04-01 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday September 4, 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.
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.
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. (Commissioner PerIman moved Item 8.E from the Consent
Agenda to the Regular Agenda as gA.A. - Approved as amended~ 5-0)
APPROVAL OF MINUTES:
· August 21, 2001 - Regular Meeting (Approved 5-0)
PROCLAMATIONS:
A. I~ds Day America - September 22, 2001
B. Sickle Cell Awareness Month - September 2001
PRESENTATIONS:
A. Delray Beach Residents Academy
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended~ 5-0)
A. MODIFICATION OF PARKING LICENSE AGREEMENT (KYOTO SUSHI
& SAKE LOUNGE): Approve a request from Kyoto Sushi & Sake Lounge to modify
the Parking License Agreement by reducing their valet parking queue by two (2) parking
spaces (from five to three) by eliminating the two (2) recently created customer pick-up
spaces on the west side of NE 2~d Avenue (Pineapple Grove Way).
B. MODIFICATION OF AGREEMENT BETWEEN THE CITY AND
COUNTY/JP MORGAN CHASE TENNIS CHALLENGE BENEFIT
(VENUS & SERENA WILLIAMS EVENT): Approve the agreement providing for
reimbursement to the City in the amount of $25,000.00 for the Jp Morgan Chase Tennis
Challenge Benefit (Venus & Serena Williams Event) extending the date for the City to
provide information to the County until December 31, 2001.
2001 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve
acceptance of the 2001 Local Law Enforcement Block Grant in the amount of $210,539
with a City match of funds in the amount of $23,393 for a total amount of $233,932.
SPECIAL EVENT REQUEST/SUNSHINE STATE GAMES: Consider a request
by the Palm Beach County Sports Commission to use our beach (between Sandoway
and Anchor Park) for a beach volleyball tournament June 14 through June 17, 2001 as
part of the Sunshine State Games. The Florida Sports Commission is to provide sports
equipment, manpower and event insurance.
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09-19-01
THIS ITEM WAS MOVED TO THE REGULAR AGENDA
SERVICE AUTHORIZATION #9/MATHEWS CONSULTING,
INC.(WATERTREATMENT
PLANT CAPACITY UPGRADE
Go
Ho
PERMITTING): Approve Service Authorization #9 with Mathews Consulting, Inc. in
the amount of $17,300.00 for the Water Trean-nent Plant Capacity Upgrade Permitting.
Funding is available from 441-5181-536-31.90 (Other Professional Services).
RESOLUTION NO. 53-01: Approve Resolution No. 53-01 assessing costs for action
necessary to abate nuisances on thirteen (13) properties throughout the City.
RESOLUTION NO. 54-01: Approve Resolution No. 54-01 assessing costs for action
necessary to remove junked and/or abandoned vehicles from three (3) properties
throughout the City.
AMENDMENT #I/JANUS RESEARCH, INC. (DELRAY BEACH
COMPREHENSIVE HISTORIC STRUCTURES SURVEY, PHASE II):
Approve Amendment #1 to the agreement with Janus Research Inc. which contains
provisions that the State of Florida requires it's grantees to include in any agreement
where the State is contributing grant money.
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Lo
(FRDAP) GRANTS/CATHERINE STRONG CENTER & BARWICK PARK:
Authorization to apply for two (2) grants from Florida Recreation Development
Assistance Program (FRDAP); Catherine Strong Center grant for a total of $143,000 for
tennis courts (includes a City match of $35,750); and $50,000 grant for playground
equipment at Barwick Park.
ACCEPTANCE OF AN EASEMENT DEED: Approve and accept an easement
deed which allows the City the means to install and maintain a water main along the
west side of Lot 14, South Ridge Subdivision.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
°
Accept the actions and decisions made by the Land Development Boards for the period
August 20, 2001 through August 31, 2001.
M. AWARD OF BIDS AND CONTRACTS:
Purchase of a trailer mounted Vac-Con unit from Southern Sewer Equipment
Sales in the amount of $25,950.00 via the City of Gainesville contract. Funding
is available from 441-5123-536-64.90 (Other Machinery & Equipment).
REGULAR AGENDA:
A.A.
CHANGE ORDER #1/WEEKLY ASPHALT PAVING, INC. (2000 ROAD
BOND RESURFACING): Approve Change Order #1 in the amount of $2,000.00 to
Weekly Asphalt Paving, Inc. for additional remobilization costs, and a 12% increase for
all other unit prices, however with quantities being less then originally estimated, the
09-19-01
contract amount remains the same. Funding is from 370-3162-541-65.40 (2000
Roadway Bond Resurfacing). (Approved, .5-0)
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION: Consider an appeal of the Site Plan Review and Appearance Board decision
regarding approval of a Class V Site Development Plan, Landscape Plan and Elevations
associated with the Hotel Vista Del Mar, located approximately 300 feet south of
Atlantic Avenue on the west side of Ocean Boulevard, (State Road Ad-A). Quasi-
Judicial Hearing (Denied, 4-1)
MODIFICATION TO LIEN REPAYMENT PERIOD/DAVID HARGROVE:
Consider a request that the repayment period be extended from 12 months to 24
months for the David Hargrove lien in the amount of $3,301.02. (Approved,
REQUEST TO WAIVE LIENS/CLIFFORD BELL: Consider a request to waive
liens on a vacant lot located at NW 6~h Avenue which was purchased by Clifford Bell
through a tax sale. The liens currently total $4,167.31; the City's actual out-of-pocket
costs are $1,322.36, which Mr. Bell is prepared to pay. (Approved, .5-0)
REQUEST FOR IN-LIEU PARKING FEE/RENAISSANCE VILLAGE:
Consider a request by Renaissance Village for the purchase of one /1/ in-lieu parking
space and the construction of three (3) on-street parking spaces. Renaissance Village is
a twenty (20) unit townhouse development located in the Central Business District
(CBD) at the southeast corner of NE 6~h Avenue and NE Z~d Street (Martin Luther King
Boulevard). (Approved, ~-0)
REQUEST FOR IN-LIEU PARKING FEE/BOB'S FAMOUS BAR (fka
POWERS LOUNGE): Consider a request by Bob's Famous Bar (fka Powers
Lounge/Richwagon Cycle) for the purchase of two (2) in-lieu parking spaces. Bob's
Famous Bar site is on the north side of Atlantic Avenue just west of the FEC Railroad.
(Approved,
ITEM REMOVED
CANCELLATION OF CONTRACT (DRAVO LIME INC.) /AWARD OF
CONTRACT (CHEMICAL LIME COMPANY): Consider cancellation of the
contract with Dravo for palletized lime due to inferior quality of product and failure to
meet minimum specifications; and award of contract to Chemical Lime Company, second
lo;vest bidde~; for the purchase of bulk lime at $107.56/ton. Funding is available from
441-5122-536-52.21 (Chemicals FY2001-2002) (Approved, .5-0)
REVISION TO CITY POLICY AND PROCEDURE/CITY'S INVESTMENT
POLICY: Consider a revision to the City's policy and procedure with respect to the
City's InvesUnent Policy reflecting Florida State Law and updated recommendations
made by the Government Finance Officers Association (GFOA). (Approved, ~-0)
FY 2002 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the
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09-19-01
proposed FY 2002 golf rates for the Municipal Golf Course. (Approved,
FY 2002 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the
proposed FY 2002 golf rates for the Lakeview Golf Course. (Approved,
FY 2002 TENNIS RATES/TENNIS CENTER: Consider approval of the
proposed FY 2002 tennis rates for the Tennis Center. (Approved,
PROPOSAL FOR SETTLEMENT IN RAIL v. CITY OF DELRAY BEACH, et
al: Consider a proposal for settlement in the case of James and Dawn Rail versus the
City of Delray Beach for $85,000.00. Staff recommends denial. (Approved, .q-O)
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
10.
Appoint four (4) regular members to the Board of Construction Appeals for two-year
terms ending August 31, 2003. The appointments will be made by Commissioner
McCarthy (Seat #4) Architect; Mayor Schmidt (Seat #5) General Contractor;
Commissioner Perlman (Seat #1) Master Plumber; and Commissioner Archer (Seat #2)
Sign Contractor. (Please contact Board Secretary for appointees' names)
PUBLIC HEARINGS:
RESOLUTION NO. 49-01 (TENTATIVE MILLAGE LEVY): A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2002. (Approved,
RESOLUTION NO. 50-01 (TENTATIVE MILLAGE LEVY/DDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY 2002. (Approved, .q-O)
11.
RESOLUTION NO. 51-01 (TENTATIVE BUDGET ADOPTION FOR FY
2002): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2001
through September 30, 2002. (Approved, .q-O)
RESOLUTION NO. 52-01: A resolution authorizing the sale of City-owned
property, a portion of Tract "A", Lakeview, abutting Lot 21, Block 4, Lakeview
(Walkers property). The property is a vacant strip of land approximately 10 feet by 90
feet abutting Lakeview Golf Course. (Approved, .q-O)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
City Manager's response to prior public comments and inquiries.
From the Public.
09-19-01
12.
FIRST READINGS:
Ao
ORDINANCE NO. 45-01: An ordinance amending Ordinance No. 1-98, which
comprises Waterford Place SAD (Special Activities District), to eliminate the condition
of approval requiring a certificate of occupancy for the hotel to be issued prior to the
issuance of a certificate of occupancy for the final multi-family building, located on the
south side of Linton Boulevard between Interstate-95 and Lindell Boulevard. If passed,
a public hearing will be scheduled for September 19, 2001. (Approved, .q-O)
Bo
ORDINANCE NO. 46-01: An ordinance amending Chapter 52, "Water" of the Code
of Ordinances by amending Section 52.34, "Water Rates", to provide for increased
residential, nonresidential and irrigation rates for FY 2002. If passed, a public hearing
will be scheduled for September 19, 2001. (Approved, 5-0)
Co
ORDINANCE NO. 47-01: An ordinance amending Chapter 53, "Sanitary Sewers", of
the Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer
Rates; Calculation of Sewer Surcharge", to provide for increased residential and
nonresidential/commercial rates for FY 2002. If passed a public hearing will be
scheduled for September 19, 2001. (Approved,
Do
ORDINANCE NO. 48-01: An ordinance amending Chapter 51, "Garbage and
Trash", of the Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for contracted garbage, trash, recycling, vegetation and bulk waste
collection service rates for FY 2002. If passed a public hearing will be scheduled for
September 19, 2001. (Approved,
ORDINANCE NO. 49-01: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National American Fee Schedule. If passed, a public hearing will
be scheduled for September 19, 2001. (Approved,
Fo
ORDINANCE 50-01: An ordinance repealing Chapters 57 and 58 of the Code of
Ordinances, and creating a new Chapter 57 entitled "Right-of-Way Application Process
for Communications Facilities"; amending Chapter 50, "Utilities Generally; Public
Service Tax", by deleting all references to Telecommunications Facilities; amending
Chapter 93, "Cable Television" by removing the requirement to pay Franchise Fees to
the City; providing for reservation of rights and remedies. If passed, a public hearing
will be scheduled for September 19, 2001. (Approved, 5-0)
09-19-01
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
***ADJOURNED AT 9:45 P.M.***
09-19-01