11-07-00 ResultsCITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
NOVEMBER 7, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M.
COMMISSION CHAMBERS
******** Agenda Results ********
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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 meetings in the
Commission Chambers.
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:
under this section.
Any citizen is entitled to speak on items
B. 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.
C. 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. Ail
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.
AGENDA
2.
3.
4.
Roll Call. (Commissioner Schwartz absent)
Invocation.(Reverend Jim Atchison, Church of the Palms)
Pledge of Allegiance to the Flag.
Agenda Approval. (Approved 4-0, as amended. Item 9S,
Temporary Agreement, Market Place of Delray Plaza, was
added to the agenda.)
Approval of Minutes: (Approved 4-0)
Proclamations:
A. National Bible Week - November 19-26, 2000
Presentations:
RESOLUTION NO. 87-00: A resolution recognizing and
commending J.Leroy Croft posthumously for having been
a Pioneer Resident of Delray Beach and for having
served the City of Delray Beach with distinction and
dedication.
Lori J. Durante, Director-Curator, Museum of Lifestyle
& Fashion History, Inc.
Consent Agenda: (Approved 4-0)
LIEN REVIEW ADVISORY TEAM: Approve an increase in the
regular membership from five to seven members, with
three alternate members, and ratify the recommended
list of appointees to the Lien Review Advisory Team.
RESOLUTION NO. 88-00: Approve a resolution vacating
and abandoning a portion of the Laing Street right-of-
way located between Andrews Avenue and the
Intracoastal Waterway, based upon positive findings.
C. RESOLUTION NO. 89-00 (ABANDO~NT AREA 9-A): Approve
Regular Commission Meeting
November 7, 2000
a resolution vacating and abandoning that portion of
the east/west alley right-of-way lying adjacent to the
south lot lines of Lots 4 through 20, inclusive, Block
E, Plat of La Hacienda, within the North Federal
Highway area, based upon positive findings. This is a
City-initiated action.
Do
RESOLUTION NO. 90-00 (ABANDONMENT AREA 9-B): Approve
a resolution vacating and abandoning the entire
east/west alley right-of-way lying within Block D,
Plat of La Hacienda, within the North Federal Highway
area, based upon positive findings. This is a City-
initiated action.
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RESOLUTION NO. 91-00 (ABANDONMENT AREA 9-C): Approve
a resolution vacating and abandoning the entire
north/south alley right-of-way lying within Block D,
Plat of La Hacienda, within the North Federal Highway
area, based upon positive findings. This is a City-
initiated action.
Fo
RESOLUTION NO. 92-00 (ABANDONMENT AREA 9-D): Approve
a resolution vacating and abandoning that portion of
the east/west alley right-of-way lying adjacent to the
north lot lines of Lots 5 through 17, inclusive, Block
C, Plat of La Hacienda, within the North Federal
Highway area, based upon positive findings. This is a
City-initiated action.
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RESOLUTION NO. 93-00 (ABANDONMENT AREA 9-E): Approve
a resolution vacating and abandoning the entire alley
right-of-way lying within Block A, Plat of Snow Hill,
within the North Federal Highway area, based upon
positive findings. This is a City-initiated action.
H. RESOLUTION NO. 95-00 (STATEWIDE MUTUAL AID AGREEMENT):
Approve a resolution authorizing the Hayor and the
City Clerk to execute a revised Statewide Hutual Aid
Agreement through the Department of Community Affairs,
Division of Emergency Management, for catastrophic
disaster response and recovery.
SECOND AMENDMENT TO AGREEMENT WITH MEDICAL DIRECTOR:
Jo
Approve the Second Amendment to the Agreement between
the City and Randall L. Wolff, H.D. (Hedical Director)
to provide for an increase in compensation to Dr.
Wolff.
CONSULTING AGREEMENT WITH LANGTON ASSOCIATES FOR GRANT
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Regular Commission Meeting
November 7, 2000
WRITING SERVICES: Approve a consulting agreement with
Langton Associates, Inc. for grant writing services
for the period November 1, 2000 through October 31,
2001, with an option to extend the agreement for two
(2) one-year periods upon mutual agreement.
K. REMOVED
L. CONSENT TO ASSIGNMENT OF PARKING LEASE/MARIPOSA
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RETIREMENT HOME: Approve a Consent to Assignment of a
lease which provides off-site parking spaces for the
Mariposa Retirement Home located at 48 S.E. 1st
Avenue.
SECOND AMENDMENT TO LICENSE AGREEMENT/DELRAY BEACH
No
ACADEMY: Approve a second amendment to the license
agreement between the City and Delray Beach Academy,
Inc. to allow the continued use of the facilities at
Pompey Park through June 15, 2001
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS
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WITH SIX SUBRECIPIENTS: Approve and authorize the
execution of funding agreements with six (6)
subrecipients (Alpha-Time Children's Center, Boys &
Girls Clubs of Palm Beach County, Delray Beach Housing
Authority, Fair Housing Center of the Greater Palm
Beaches, "I Have A Dream" Foundation, and Urban League
of Palm Beach County) under the Community Development
Block Grant (CDBG) program for FY 2001, with total
funding in the amount of $116,350 from various
accounts within the CDBG fund.
AGREEMENT FOR USE OF NORTHERNMOST CITY BEACH
ACCESS/COASTAL SYSTEMS INTERNATIONAL, INC.: Approve
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an agreement between the City and Coastal Systems
International, Inc. that will allow Coastal Systems to
use the City's northernmost public beach access to
move equipment and materials to a construction site at
3435 North Ocean Boulevard, contingent on receipt of a
letter of credit.
REJECTION OF BIDS AND APPROVAL OF CONTRACT ADDITION
WITH REPUBLIC CONSTRUCTION FOR LAKEVIEW GOLF COURSE
RESTROOM BUILDING: Reject all bids received for the
Lakeview Golf Course Restroom project and,
alternatively, approve a contract addition (C.O. #3)
in the amount of $48,410.00 with Republic Construction
and Development Corporation under the Veterans Park
Restroom Modifications contract, with funding from
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Regular Commission Meeting
November 7, 2000
446-4761-572-62.10 (Lakeview Golf Course Buildings).
Q. REJECTION OF BIDS/RECONSTRUCTION OF DRINKING WATER
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WELL #26: Reject the bids received for the
Reconstruction of Drinking Water Well ~26 project, and
authorize staff to rebid as an abandonment/replacement
project as opposed to well reconstruction.
REJECTION OF BIDS/LANDSCAPE MAINTENANCE - ATLANTIC
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AVENUE GREEN-WAY PLAN (VACANT LOTS): Reject all bids
received for the Atlantic Avenue Greenway Plan (Vacant
Lots) landscape maintenance contract, and authorize
staff to rebid the project with revised
specifications.
GROVE SQUARE DEVELOPER'S AGREEMENT: Approve an
agreement between the City and G.A.A.C.H., Inc.
(Developer) for joint participation in the
improvements along S.E. 2nd Avenue associated with the
Grove Square development.
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 October 19, 2000.
RESOLUTION NO. 83-00: Approve a resolution assessing
costs for the emergency board-up of an unsafe
structure located at 45 N.W. 14th Avenue.
RESOLUTION NO. 84-00: Approve a resolution assessing
costs for the demolition of an unsafe structure
located at 18-24 N.W. 6th Avenue.
RESOLUTION NO. 85-00: Approve a resolution assessing
costs for abatement action necessary to remove junked
and/or abandoned vehicles from seven (7) properties
within the City.
RESOLUTION NO. 86-00: Approve a resolution assessing
costs for action necessary to abate nuisances on
seventeen (17) properties throughout the City.
FINAL PLAT APPROVAL/SOUTH CONGRESS COMMERCE CENTER:
Approve the final subdivision plat for South Congress
Commerce Center, a proposed two lot commercial
subdivision located north of Harty Fladell Drive
between Congress Avenue and N.W. 18th Avenue.
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Regular Commission Meeting
November 7, 2000
Z. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land
Development Boards for the period October 16th through
November 3, 2000.
AA. AWARD OF BIDS AND CONTRACTS:
Award in the amount of $34,850 to Calico Racquet
Courts Inc. (Cai-Cap) for the resurfacing of four
(4) tennis courts at the Delray Beach Tennis
Center, with funding from 001-4124-572-46.90
(Other Repair/Maintenance Costs).
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Purchase award in the amount of $18,300 to
NuCrane Machinery for the purchase of a John
Deere Aercore 2000 Aerator for the Municipal Golf
Course, with funding from 445-4761-572-64.90
(Capital Outlay - Other Hachinery/Equipment).
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Contract renewal with Commercial Chemical
Products for the purchase of sodium hypochlorite
at an estimated annual cost of $20,240, with
funding from 441-5122-536-52.21 (Chemicals).
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Contract award in the amount of $19,500 to
Insituform Technologies, Inc., via Broward County
contract, for trenchless sanitary sewer
rehabilitation of 325 feet of 15" gravity sewer
located at N.E. 2nd Street and N.E. 4th Avenue,
with funding from 442-5178-536-63.51 (R&R - Sewer
Mains).
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Contract award in the amount of $197,926.00 to
Chaz Equipment Company, Inc. for the Royal Palm
Boulevard Paving & Drainage Improvements project,
with funding in the amount of $72,590.00 from
442-5178-536-65.04 (Water & Sewer R&R) and
$125,336.00 from 448-5461-538-65.04
(Stormwater/Royal Palm Boulevard).
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Bid award in the amount of $162,310.00 to
Intrastate Construction Corporation for the Lake
Ida Road Force Main Relocation and Sabal
Lakes/Lake Forest Water Hain Crossing projects,
along with a contract deletion (C.O. ~1) in the
amount of $74,000 to delete bid item ~3 (crossing
at Sabal Lakes/Lake Forest), for a total project
amount of $88,310.00, with funding from 442-5178-
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Regular Commission Meeting
November 7, 2000
536-65.18 (Lake Ida Road Utility Relocations).
Renewal of the annual maintenance agreement with
HTE for software applications at the Police
Department for the period October 1, 2000 through
September 30, 2001, in the amount of $55,592.00
with funding from 001-2113-521-46.90 (Police
Support Services - Other Repair/Haintenance
Costs).
Purchase award in the total amount of $16,680 to
Academy Indoor Gun Range, Inc. for the purchase
of forty (40) Glock .40 caliber handguns as
replacement weapons for the Police Department,
with funding from 001-1211-521-52.27 (Police
Administrative Services - Equipment <$750).
Renewal of lease agreement with Mears Motor
Leasing for a one year lease of six (6) unmarked
vehicles for the Police Department's Vice,
Intelligence and Narcotics Unit in the amount of
$37,090, with funding from 001-2115-521-44.40
(Police Investigative - Vehicles Rental/Lease).
9. Regular Agenda:
A. WAIVER & CONDITIONAL USE REQUESTS / STEALTH
TELECOMMUNICATIONS TOWER AT DELRAY ' S LOST DRIVE-IN:
Consider a request for two waivers and conditional use
approval to allow a 90 ft. high stealth
telecommunications tower (flagpole) to be located on
the Delray's Lost Drive-In site. The subject property
is located on the east side of North Federal Highway,
approximately 500 feet north of Allen Avenue, and is
zoned GC (General Commercial) District. QUASI-JUDICIAL
PROCEEDING (Denied 4-0)
CONDITIONAL USE REQUEST/HOUSE OF GOD CHURCH: Consider
a request for conditional use approval to allow the
establishment of the House of God Church on Lots 15
and 16, Block 35, Town of Delray. The subject
property is located at the northwest corner of N.W.
1st Street and N.W. 3rd Avenue. It is zoned R-1-A
(Single Family Residential) and is located within the
West Settlers Historic District. QUASI-JUDICIAL
PROCEEDING
(Approved 4-0)
C. REQUEST FOR WAIVER (RECONFIGURATION OF NONCONFORMING
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Regular Commission Meeting
November 7, 2000
LOTS IN OSCEOLA PARK): Consider approval of a waiver
to LDR Section 4.3.1(D) to allow the reconfiguration
of existing nonconforming lots to create new
nonconforming lots for Lots 7 & 8, Block 4, Osceola
Park, located at the northwest corner of S.E. 4th
Avenue and S.E. 5th Street. The recommended action is
to DENY the waiver request. QUASI-JUDICIAL PROCEEDING
(Approved 4-0)
D. RESOLUTION NO. 94-00 (2ND AMENDMENT TO WEST ATLANTIC
AVENUE REDEVELOPMENT PLAN): Consider approval of a
resolution adopting the Second Amendment to the West
Atlantic Avenue Redevelopment Plan.
(Approved 4-0)
E. WAIVER REQUESTS AND FINAL PLAT APPROVAL FOR LANE
SUBDIVISION: Consider approval of three waiver
requests (pavement width, sidewalks, and right-of-way
width) and the final subdivision plat for Lane
Subdivision, a proposed four lot single family
development to be located east of Andrews Avenue on
the north and south sides of Hammond Road.
(Approved 4-0)
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USE OF IN-LIEU OF PARKING FEES: Consider approval of
the use of $40,000 of in-lieu of parking fees for
Phase II of the Decorative Street Signage program for
parking directional signs, parking locator signs,
parking lot directional signs, parking lot internal
signs and other directional/informational signs.
(Approved 4-0)
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AGREEMENT WITH CHRIS EVERT CHARITIES, INC.: Consider
approval of a license agreement that would allow Chris
Evert Charities, Inc. to use the Tennis Center for a
two-day Pro-Celebrity Tennis Classic to be held on
December 2 and 3, 2000.
(Approved 4-0)
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POLICY CHANGES AT THE MUNICIPAL GOLF COURSE: Consider
approval of proposed policy changes at the Hunicipal
Golf Course to allow non-resident prepaid permits up
to 50, and to allow non-residents to call in for tee
times at specified times.
(Approved 4-0)
I. FY 2001 PERFORMANCE MEASURES FOR THE MUNICIPAL AND
LAKEVIEW GOLF COURSES: Consider approval of the
proposed FY 2001 performance measures for the
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Regular Commission Meeting
November 7, 2000
Hunicipal and Lakeview golf courses.
(Approved 4-0)
J. FY 2001 PERFORMANCE MEASURES FOR THE TENNIS CENTER AND
DELRAY SWIM & TENNIS CLUB: Consider approval of the
proposed FY 2001 performance measures for the Tennis
Center and the Delray Swim and Tennis Club.
(Approved 4-0, as amended)
SPECIAL EVENT REQUEST/FIRST NIGHT: Consider a request
for special event approval for First Night 2001 to be
held on December 31, 2000 from 4:00 p.m. until
midnight, to include a temporary use permit for the
use of City facilities and rights-of-way (street
closures), staff support, waiver of overtime costs and
facility and equipment costs, and to provide portable
lighting for street intersections.
(Approved 4-0)
SPECIAL EVENT REQUEST/FOTOFUSION 2001: Consider a
request for special event approval for Fotofusion 2001
to be held January 23-27, 2001, including sign
preparation, staff support for banner hanging, and
waiver of rental fees and signage costs.
(Approved 4-0)
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Consider a request for special event approval for the
December 7, 2000 Art & Jazz, including temporary use
permits for street closures, staff support, use of
City equipment, and specified overtime costs.
(Approved 4-0)
N. SETTLEMENT OFFER/PFLEGER V. CITY OF DELRAY BEACH
CLAIM: Consider a settlement offer in the referenced
matter.
(Approved 4-0)
O. SETTLEMENT OFFER/ALTIDOR V. CITY OF DELRAY BEACH:
Consider a settlement offer in the referenced matter.
(Approved 4-0)
P. OFFER OF JUDGMENT/SULLIVAN V. CITY OF DELRAY BEACH:
Consider an offer
matter.
(Denied 4-0)
of judgment in the referenced
Q. SETTLEMENT OFFER/SNYDER V. KILGORE , MUSCO, COLE ,
LINCOLN AND NANCY ADAMS:
in the referenced matter.
Consider a settlement offer
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Regular Commission Meeting
November 7, 2000
(Approved 4- O)
R. PURCHASE OF EMERGENCY MEDICAL CARE REPLACEMENT
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VEHICLE: Consider approving the purchase of an
Emergency Medical Care replacement vehicle, via a
joint bid with the City of Boca Raton, in the amount
of $135,050, with funding from 501-3312-591-64.20
(Vehicle Replacement).
(Approved 3-0, Commissioner McCarthy not present for
the vote)
ADDENDUM: TEMPORARY AGREEMENT TO OBTAIN WATER
/MARKETPLACE OF DELRAY PLAZA: Consider approval of a
Temporary Agreement to obtain water for a perior of
ninety days for certain properties within the
MarketPlace of Delray shopping plaza located at the
northwest corner of Military Trail and Atlantic Avenue
(Approved 4-0)
10. Public Hearings:
11.
no
ORDINANCE NO. 28-00: An ordinance amending Chapter
37, "Delray Beach Code Enforcement", of the City Code
to provide for various changes of a procedural nature
which were brought about by revisions made to Chapter
162 of the Florida Statutes this year.
(Approved 4-0)
B o
ORDINANCE NO. 29-00: An ordinance amending Chapter
90, "Abandoned Property", of the City Code to provide
for updated definitions, revisions to certain notice
requirements and to provide for language as prescribed
by Chapter 705 of the Florida Statutes.
(Approved 4-0)
Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
no
City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
no
ORDINANCE NO. 30-00: An ordinance amending the Silver
Terrace Special Activities District Ordinance to allow
additional uses along Dixie Highway. If passed, a
public hearing will be scheduled for November 21,
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Regular Commission Meeting
November 7, 2000
2000.
(Approved 4- O)
13. Comments and Inquiries on Non-Agenda Items.
City Manager
City Attorney
City Commission
(PIEETING ADJOURNED AT 11 P.M. )
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