05-01-01MAY L 2001
A Regular Meeting of the City Commission of the City of Delray Beach, Florida
was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00
p.m., Tuesday, May 1, 2001.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy (arrived 6:05 p.m.)
Commissioner Jeff Perlman
Mayor David Schmidt
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
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Rabbi Suzanne Carter delivered the opening prayer.
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The Pledge of Allegiance to the flag of the United States of America was given.
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AGENDA APPROVAL.
The City Attorney requested that Item 12.D., Ordinance No. 32-01 be withdrawn
from the agenda because it is redundant to Item 12. E., Ordinance No. 28-01.
Mrs. Archer moved to approve the agenda as amended, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote.
APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Regular Meeting of March 20,
2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a
4 to 0 vote.
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PROCLAMATIONS:
6.A. Safe Boating Weekend - May 12 & 13 and Safe Boating Week - May 19
through May 25~ 2001
Mayor Schmidt read and presented a proclamation proclaiming May 12th and 13th
as Safe Boating Weekend and May 19th through May 25th, 2001 as National Safe Boating Week
05/01/01
in Delray Beach, Florida, and urge all citizens to support the goals of the National Safe Boating
Campaign and U.S. Coast Guard Auxiliary and start the year-round effort to promote safe
boating. Mary Suckow, Flotilla Commander, came forward to accept the proclamation and
stated the Coastguard Auxiliary and Team Coastguard spent a lot of hours in promoting boating
safety through education and thanked the Commission for their support.
6.8.
Emergency Medical Service Week- May 20 through May 26~ 2001
Mayor Schmidt read and presented a proclamation in recognition of this event, do
hereby proclaim the week of May 20 through May 26, 2001 as Emergency Medical Service
Week in Delray Beach, Florida and commend our Emergency Medical Service teams for a job
well done. Chief Koen came forward to accept the proclamation and stated it is important to
note that Emergency Medical Service is a system where many components all come together at
exactly the right moment for the best possible outcome for the community and the citizens.
Chief Koen stated it is a very busy system in the sense that 8500 times last year the City had the
need for emergency medical services in response to this community need which averages to
about 25 times per day which is fairly typical of this entire region. Chief Koen stated this is a
very highly valued community activity and service and could not be possible without the support
of the citizens, the City Commission, and City administration. He thanked everyone for the
recognition as well as the continued support through the years.
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PRESENTATIONS:
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All America City Finalist - June 22-23~ 2001 in Atlanta~ Georgia
Jay Alperin, stated he and Chuck Ridley Co-Chair the All America City
Committee, and proudly announced that Delray Beach has been elected as one of the finalist in
the National Civic League National Competition. The final competition round will be held in
Atlanta, Georgia on June 22-23, 2001. Mr. Alperin stated the committee will be raising
approximately $30,000 through private donations to support the effort and thanked the
Commission for their continued support.
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CONSENT AGENDA: City Manager Recommends Approval.
8.A. RESOLUTION NO. 33-01: Approve a resolution requesting funds from the
Palm Beach County Emergency Medical Services Grant Award program to be used for the
purchase of a Special Events Response Vehicle (SERV), two (2) 12-lead monitor defibrillators,
and two (2) automated external defibrillators.
The caption of Resolution No. 33-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REQUESTING FUNDS FROM THE
PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES
GRANT AWARD PROGRAM FOR FY 2001/2002.
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05/01/01
goB.
(The official copy of Resolution No. 33-01 is on file in the City Clerk's office.)
FIREFIGHTER INVESTMENT & RESPONSE ENHANCEMENT ACT
GRANT: Approve the application for a matching grant for the Firefighter Investment &
Response Enhancement (FIRE) Act Grant 2001, provided by F.E.M.A., for personal protective
equipment. City's required 30% matching portion is $27,981.60, with funding from 001-2315-
526-52.22 (Uniforms).
8.C. RESOLUTION NO. 34-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 40 SW 6th Avenue.
The caption of Resolution No. 34-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ARTICLE 7.8, "UNSAFE BUILDINGS",
DEVELOPMENT REGULATIONS OF
DELRAY BEACH, AS SES SING
ABATEMENT ACTION REGARDING
BUILDING ON LAND(S) LOCATED WITHIN THE CITY
OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
PURSUANT TO
OF THE LAND
THE CITY OF
COSTS FOR
AN UNSAFE
(The official copy of Resolution No. 34-01 is on file in the City Clerk's office.)
8.D. RESOLUTION NO. 35-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 245 NW l0th Avenue.
The caption of Resolution No. 35-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ARTICLE 7.8, "UNSAFE BUILDINGS",
DEVELOPMENT REGULATIONS OF
DELRAY BEACH, AS SES SING
ABATEMENT ACTION REGARDING
BUILDING ON LAND(S) LOCATED WITHIN THE CITY
OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
PURSUANT TO
OF THE LAND
THE CITY OF
COSTS FOR
AN UNSAFE
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INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 35-01 is on file in the City Clerk's office.)
8.E. RESOLUTION NO. 36-01: Approve a resolution for action necessary for the
demolition of an unsafe structure located at 815-941 SW 20th Court.
The caption of Resolution No. 36-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
ARTICLE 7.8, "UNSAFE BUILDINGS",
DEVELOPMENT REGULATIONS OF
DELRAY BEACH, AS SES SING
ABATEMENT ACTION REGARDING
BUILDING ON LAND(S) LOCATED WITHIN THE CITY
OF DELRAY BEACH; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH
ACTION; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A
LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
PURSUANT TO
OF THE LAND
THE CITY OF
COSTS FOR
AN UNSAFE
(The official copy of Resolution No. 36-01 is on file in the City Clerk's office.)
8.F. RESOLUTION NO. 38-01: Approve a resolution vacating and abandoning a 10'
utility easement within the Water's Edge development located at the southwest corner of Lake
Ida Road and Congress Avenue.
The caption of Resolution No. 38-01 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A 10' UTILITY EASEMENT WITHIN THE
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8.G.
WATER'S EDGE DEVELOPMENT LOCATED AT THE
SOUTHWEST CORNER OF LAKE IDA ROAD AND
CONGRESS AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 38-01 is on file in the City Clerk's office.)
AMENDMENT #1 TO ENGINEERING AGREEMENT/MATHEWS
CONSULTING, INC.: Consider an amendment to the Engineering Agreement between the City
and Mathews Consulting, Inc. to increase their hourly rates.
8.H.
CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CORAL-TECH
(POLICE DEPARTMENT COMMUNICATIONS CENTER): Approve closeout Change
Order #1 in the amount of $409.79 and final payment in the amount of$11,510.98 to Coral-Tech
for completion of the Police Department Communications Center, with funding from 334.6112-
519-63.22 (Police 800Mhz Radio System).
8.1. CLOSEOUT CHANGE ORDER #4 & FINAL PAYMENT/REPUBLIC
CONSTRUCTION (VETERANS PARK RESTROOM): Approve closeout Change Order #4
in the amount of $2,725.52 and final payment in the amount of $29,027.73 to Republic
Construction and Development Corporation for completion of the Veterans Park Restroom
project, with funding in the amount of $5,608.42 from 334-4126-572-62.10 (Veterans Park
Restroom), -$3,196.50 from 446-4761-572-62.10 (Veterans Park Playground Restoration), -
$1,739.40 from 441-5161-536-62.10 (Lakeview Restroom), and $2,053.00 from 441-5161-536-
62.10 (ESD Maintenance Expansion).
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CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/ARBOR TREE
(ROAD BOND SWALES): Approve closeout Change Order #1 in the deduct amount of
$174,876.14 & final payment in the amount of $14,658.10 to Arbor Tree for completion of the
Road Bond Swales project, with funding from 448-5470-538-65.41 (Swale Reconstruction).
8.K. CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CHAZ
EQUIPMENT (BREEZY RIDGE ESTATE): Approve closeout Change Order #1 in the
amount of $39,021.33 & final payment in the amount of $56,629.13 to Chaz Equipment for
completion of the Breezy Ridge Estate project, with funding in the amount of $8,600.00 from
442-5178-536-63.51 (R&R Sanitary Sewer), $12,093.00 from 442-5178-536-50 (R&R Water
Distribution), $18,328.33 from 370-3162-541-65.48 (2000 Road Bond-Breezy Ridge Estates).
8.L.
FINAL PAYMENT/INTRASTATE CONSTRUCTION CORPORATION
(LAKE IDA 18" FORCE MAIN CROSSING): Approve final payment in the amount of
$10,471.75 to Intrastate Construction Corporation for completion of the Lake Ida 18" Force
Main Crossing project, with funding from 442-5178-536-65.18 (Lake Ida Road Utility
Relocations).
8.M. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a
subsidy for one (1) eligible applicant in the amount of $20,000.00, for vacant property located on
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SW 5th Avenue. This represents the 122nd applicant under the Delray Renaissance Program.
Funding is from 118-1924-554-83.01 (SHIP Program).
8.N. LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendation concerning
outstanding liens on various properties.
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RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
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 April 19, 2001.
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REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 16,
2001 through April 27, 2001.
8.0.
AWARD OF BIDS AND CONTRACTS:
Contract awards through Community Development Block Grant (CDBG)
Housing Rehabilitation Grants in the amount of $17,823.75 to South
Florida Construction for rehab of a single family home at 409 SW 9th
Court, and in the amount of $17,808.00 to William Hatcher Construction
for rehab of a single family home at 705 SE 2nd Avenue, with funding in
the total amount of $35,631.75 from 118-1963-554-49.19 (Housing Rehab
CDBG) and contract awards through the State Housing Initiative
Partnership (SHIP) program in the amount of $22,774.50 to William
Hatcher Construction for rehab of a single family home at 818 SW 6th
Avenue, and in the amount of $24,832.50 to Craftsman Plus, Inc. for rehab
of a single family home at 813 SW 3rd Court, with funding in the total
amount of $47,607.00 from 118-1924-554-49.19 (SHIP Rehab Program).
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Contract renewal for the purchase of gasoline and diesel fuel to multiple
vendors via the Palm Beach County Co-op Bid #99-166/PP at an
estimated annual cost of $347,715.99. Funding from account 445-4715-
572-52.11 (Golf Course/Fuel) and 501-3311-591-52.51 (Garage/Fuel).
Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes;
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
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REGULAR AGENDA:
9.A. WAIVER REQUEST TO THE ALLEY IMPROVEMENT OBLIGATION:
Consider a waiver to LDR Section 6.1.2(A)(2)(a), associated with a request to construct a garage
at 333 NW 3rd Avenue.
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Jeff Costello, Principal Planner, stated the subject property is located on the east
side of N.W. 3rd Avenue, approximately 300' south of Lake Ida Road. The site contains an
existing house, which has primary access from N.W. 3rd Avenue. The proposal is to construct a
two-car garage with access provided from the unimproved alley.
Pursuant to LDR Section 6.1.2(A)(2)(a), when access to a project is provided
from a local street and/or alley, then the project must provide appropriate traffic lanes meeting
requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest
paved street or alley to the project.
The nearest paved street is Lake Ida Road, approximately 300' north of the
property. As the garage will be accessed from the alley, the alley must be constructed from Lake
Ida Road to the property. The cost for improving the 300' section of alley will be approximately
$30,000. The applicant has requested a waiver to this requirement, as it will be cost prohibitive
to construct the alley and the garage.
Mr. Costello stated staff does not recommend supporting the waiver at this time
but recommends deferral of the alley improvement obligation for 333 N.W. 3rd Avenue. Mayor
Schmidt asked if the applicant is aware that staff is recommending deferral instead of a waiver?
In response, Mr. Costello stated the applicant is fully aware that staff is recommending a deferral
instead of a waiver.
James Clintom applicant, stated he would appreciate it greatly if the
Commission permits him to construct a two-car garage behind the house.
Mr. Levinson moved to approve the deferral of the alley improvement obligation
for N.W. 3rd Avenue, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
9.B. SPECIAL EVENT/HAITIAN FLAG DAY: Consider a request for special
event approval for the Haitian Flag Day Celebration to be held on Sunday, May 20, 2001,
including temporary use permit, staff support, use of City equipment, and consideration of
waiving overtime costs.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse
the Haitian Flag Day Celebration sponsored by Our Lady of Perpetual Help Catholic Church's
Youth Group on May 20, 2001. In addition, staff is requesting to grant a temporary use permit
per LDR's section 2.4.6(H) for use of Merritt Park, to authorize use and set up of City stage,
authorize staff support for security, trash removal and to consider waiving overtime costs.
The Youth Group of Our Lady of Perpetual Help Catholic Church is planning a
celebration for Haiti's Flag Day on May 20th. A program will be held at the church followed by
a procession to the park along S.W. 4th Street. Presentations, poems, entertainment and food
booths will be staged in the park. The park would be used from approximately 4:30 p.m. until
8:00 p.m. The estimated overtime cost for the event is $700. Last year's overtime costs were
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approximately $500.
Mr. Barcinski stated staff recommends approval of the event, the temporary use
permit, providing staff assistance for security, stage set up and removal, and trash removal, and
consideration of waiving overtime costs. Mr. Barcinski stated Officer Skip Brown helped put
together a cost estimate and they are hoping to raise funds through donations to help offset these
costs.
On behalf of the Haitian community, Officer Skip Brown invited the Commission
to attend this event.
Mr. Perlman stated he attended the event last year and feels it is a wonderful
event. He urged the Commission to continue supporting this event.
Mrs. Archer moved to approve staff's recommendation and waive the estimated
overtime costs of $700, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes;
Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.C. SPECIAL EVENT REQUEST/DELRAY SPRING ART FESTIVAL:
Consider a request for special event approval to allow the Delray Spring Art Festival to be held
on May 26-27, 2001, including a temporary use permit for street closure and staff support for
security, with the event sponsor paying all overtime costs.
Mr. Barcinski stated this is a request to endorse the 3rd Annual Downtown Spring
Art Festival sponsored by Howard Alan Events, Ltd. to be held May 26-27, 2001, to grant a
temporary use permit per LDR's section 2.4.6(H) for use of City right-of-way on Atlantic
Avenue from the east side of Venetian Drive to the west side of Andrews Avenue and Salina
Avenue and use of City parking lots west of the Intracoastal for vendor parking, to authorize
staff to apply for the FDOT street closure permit and to authorize staff support for security and
traffic control.
Mr. Barcinski stated this is the third time this event is being held. The estimated
overtime cost for City services is $2,200. The applicant will pay all the overtime costs and as
well provide for trash removal, clean up, porta lets, and barricade rental.
Staff recommends endorsement of the event, granting of the temporary use permit
for the street closure and parking lot use as recommended by staff, providing staff assistance for
security and traffic control, and allowing the event sign to be installed with all overtime costs to
be paid by the sponsor. Mr. Barcinski stated the applicant is requesting use of City parking lots
west of the Intracoastal Waterway and staff recommends that this use exclude Veterans Park. In
addition, the City has a hold harmless agreement and insurance certificate.
Mr. Perlman asked about the status of the construction? In response, Mr.
Barcinski stated staff would ensure that this is open for traffic detours.
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With talking to some people who live on the beach, Mr. Levinson stated one of
the concerns is people who attend the event drive through neighborhoods and he asked if staff
could erect additional barricades and signage during this event particularly in this area because it
tends to get very congested.
Mr. Perlman moved to approve the special event request to allow the Delray
Spring Art Festival to be held on May 26-27, 2001, subject to staff recommendations, seconded
by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
9.D. REQUEST FOR AN ADDITIONAL QUEUE/KYOTO SUSHI SAKE
LOUNGE: Consider a request to modify the Parking License Agreement with Kyoto Sushi Sake
Lounge, increasing the approved queue by one (1) space to accommodate the creation of a
separate pick-up area.
Paul Dorling, Planning Director, stated this item is before the Commission to
consider a proposal to modify the Parking License Agreement with Kyoto Sushi Sake Lounge
increasing their queue from four spaces to five spaces to accommodate the creation of a separate
pick-up area located on the west side of N.E. 2nd Avenue (Pineapple Grove Way), just north of
Atlantic Avenue.
The modification will accommodate three spaces on the east side to be the
designated drop-off area for incoming traffic and the two on the west side to be designated a
pick-up area for outgoing traffic. The private lot used to accommodate this queue, the Furniture
Kingdom Lot at 188 N.E. 2nd Avenue, creates the ideal scenario (Straight 1 block to park/Straight
1 block for delivery with car headed south on N.E. 2nd Avenue). To achieve this separation, the
current Parking License Agreement must be increased from four to five spaces.
The Parking Management Advisory Board considered this proposal at their April
24, 2001, meeting and unanimously recommended approval.
Mrs. Archer moved to approve the request to modify the Parking License
Agreement with Kyoto Sushi Sake Lounge, increasing the approved queue by one (1) space to
accommodate the creation of a separate pick-up area, seconded by Mr. Perlman. Upon roll call
the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.E. REQUEST TEMPORARY PARKING PERMITS/CASTLE FLORIDA:
Approve a request from Castle Florida for temporary parking permits extending the 2-hour
regulation (Worthing Lot behind the Grip Building), to accommodate construction activities for
Sopra Restaurant. Parking Management Advisory Board recommended denial.
Paul Dorling, Planning Director, stated the applicant is requesting four dashboard-
parking passes extending the 2-hour parking limit in the Worthing Lot for various subcontractors
who will be doing interior construction work in the Grip Building for Sopra Restaurant. These
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passes are to accommodate those subcontractors who have to make continuous trips back and
forth to their trucks for materials and supplies throughout the day. The use of the spaces, if
approved, will commence in the beginning afMay and end sometime in August.
If approved, Mr. Darting stated the contractor has agreed that the construction
employees will park in the Grip Building parking lot minimizing the impact for 8-hour spaces in
the Worthing Lot.
At their April 24, 2001 meeting, the Parking Management Board made a
recommendation of denial. This was forwarded siting concerns over setting a precedent for
future requests and the fact that there was adequate 8-haur parking in close proximity.
Mayor Schmidt asked where the 8-hour parking is located? In response, Mr.
Dorting stated the Worthing Lot is a split between the 2-hour and 8-hour parking lot. The
southern row of parking in Worthing lot is 8 hours.
Mrs. Archer stated the concern of the Parking Management Board was that by
allowing special construction passes particularly in an area where there was already parking
provided, may cause problems in having future construction efforts by continually asking for
construction passes because there was a remote area where they could park. The other concern
was that by granting four passes to subcontractors who would be coming in and out would put
the construction company in a position of having individuals parking there on a regular basis
whether they were needed or not. Mrs. Archer explained that this is the basis of why the Parking
Management Board recommended denial.
Mr. Levinson asked why the building does not have sufficient parking? Mrs.
Archer stated the Grip Building was not in attendance and stated the feeling was that this was a
problem for the Grip Building to solve not the City.
Mr. Dorting stated there is parking in the garage underneath the Grip Building and
then it is remote to the Worthing Lot. The interest was because there would be so much traffic
back and forth, they wanted to be able to park very close (2-hour spaces versus the 8-hour
spaces).
At this point, Mr. Pertman asked what staff's rationale was for recommending
approval of the applicant's request? In response, Mr. Darting stated staff did not see any harm in
providing four spaces if they were enforced and with the commitment that the balance of the
contractors not take up the public parking spaces. Mr. Darting stated staff felt this was a better
situation than allowing them to ballpark fairly close to the building.
Mrs. Archer commented if this is supposedly for the subcontractors to get in and
out, would two parking spaces be sufficient? In response, Mr. Darting stated Castle Florida
asked for four parking spaces and he is not sure if twa spaces would be sufficient.
Mr. Levinson asked if there is anything that would prohibit them from parking in
the 8-hour parking spaces and commented about the City not being able to enforce it if they do
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choose to park in the 8-hour spaces? Mr. Dorling stated there is nothing that would prohibit them
from parking in the 8-hour parking spaces and the City would have no way to enforce it.
Mrs. Archer moved approval of the request from Castle Florida for two parking
spaces including the provisions that the balance of the parking be in the Grip Building parking
lot, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - No; Mayor Schmidt - No; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 3 to 2 vote.
9.F. CONTRACT AWARD/GTE BUILDERS (CITY MARINA & SARAH
GLEASON PARK: Consider approval of a contract award in the amount of $749,522.60 to
GTE Builders (second low bid) for the City Marina Improvement and Sarah Gleason Park
Improvements Phase I project. Funding is available in the amount of $372,870.00 from 426-
4311-575-65.23 (City Marina Improvements), $241,780.00 from 334-4181-572-63.90 (Sarah
Gleason Park Improvements). The balance of funds will be from 2000 Roadway Bond surplus,
$94,323.00 from 370-3162-541-65.23 and $40,550.00 from 370-3162-541-65.57 respectively.
Mayor Schmidt stated he had a request from one of the neighbors to this area for
an explanation of the project. He feels this is a little late in the process because this has been
through Planning and Zoning and SPRAB approval. Mayor Schmidt asked Mr. Hasko to give an
overview of the project before the Commission considers the contract.
Dick Hasko, Director of Environmental Services, explained that the primary issue
is the marina and the way the parking configuration is planned. He stated there were several
iterations of plans looking at how best to deal and balance the formalization of parking in this
area without loosing all the open space and green area. There were right-of-way restrictions in
terms of perimeters and there were other things going on in the vicinity in terms of the project.
In order to maximize the parking you are limited to the length of the roadway because the right-
of-way necks down on the south. If this were done, then all the potential for green area would be
destroyed in the north end. Mr. Hasko stated one alternative would be to have a one-way street
with angled parking but the traffic circulation did not work. In order to maintain the two-way
traffic, the only other alternative was the parallel parking configuration, which is what the City
ended up with. Mr. Hasko stated there are a total of 40 parking spaces on the current plan with a
two-way traffic condition.
Mr. Hasko stated this contract award is before the Commission to approve a
contract award in the amount of $749,522.60 to Green Team Enterprises, Inc. (d/b/a GTE
Builders) for the City Marina Improvements & Sarah Gleason Park Improvements. The
proposed bid award is to the second low bidder. Upon examination of the bids, the apparent low
bidder, Castle Florida Building Corp., provided an incomplete and erroneous package. After a
meeting with a representative from Castle Florida Building Corp. and the architects office to
review the bid package for scope and content, Castle Florida Building Corp. has acknowledged
an error with respect to both projects and has withdrawn their bid. Therefore, the lowest
responsible bidder for both projects is GTE Builders.
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Staff is proposing a bid award to Green Team Enterprises, Inc. (d/b/a GTE
Builders) with a modification to the City Marina Scope to delete the line item for Dock and
Seawall Repairs. The price that was bid was extremely high for the scope of services involved
and is also an easy scope to separate from the project and rebid at a later date because it involved
some seawall repair, some patching of concrete, replacing of some dolphins. Funding is
available to augment this project with 2000 Roadway Bond surplus funds in addition to the
current project funding that had been set aside in the capital plan.
Mr. Perlman moved to approve the contract award in the amount of $749,522.60
to Green Team Enterprises, Inc. (d/b/a GTE Builders) as second low bidder for the City Marina
Improvement and Sarah Gleason Park Improvements Phase I project, subject to removal and
seawall, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
INITIATION OF AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS: Consider the initiation of an amendment to the LDR's Section 4.6.9
(Parking) and 4.6.16 (Landscaping) to accommodate preservation of mature trees in parking
areas.
Paul Dorling, Planning Director, stated the request is an initiation of LDR text
amendments to Sections 4.6.9 (Parking) and 4.6.16 (Landscaping) to allow a reduction in
required parking and flexibility with respect to placement of required landscape islands to allow
the preservation of mature trees in parking lots.
Prior to adoption of the City's Land Development Regulations in October, 1990
the Land Development Regulations of the City of Delray Beach contained a provision which
permitted substitution of mature, exceptional tree specimens for required parking spaces. The
regulation allowed for reduction in the required parking when it would result in the preservation
of specimen trees. With the rewrite of the LDR's in 1990 this provision was removed.
The City Commission considered a waiver request for "Elizabeth's on 7th
Restaurant" to waive one required parking space to save a large Black Olive tree. These
proposed amendments would allow that to be accomplished without going through the waiver
process.
Ms. McCarthy moved to approve the initiation of LDR text amendments to
Sections 4.6.9 (Parking) and 4.6.16 (Landscaping), seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Prior to the vote, Mr. Levinson inquired about whether there is a definition for the
words "mature trees". In response, Mr. Dorling stated that there is a definition in the LDR's in
1990. It related to the girth of the tree, the approximate age and height of the tree and this would
be added to Section 4.6.16 (Landscaping) as part of this.
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Mrs. Archer asked if this would include foreign species? In response, Mr. Dorling
stated this would not include foreign species which are encouraged to be removed, but would
include native species.
9.H. RESOLUTION NO. 32-01 (MID-YEAR BUDGET ADJUSTMENT):
Consider approval of a resolution making mid-year adjustments to the adopted budget for FY
2001.
The City Manager presented Resolution No. 32-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO.
71-00 ADOPTED SEPTEMBER 19, 2000, WHICH MADE
APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE FISCAL YEAR 2000/2001, BY
SETTING FORTH THE ANTICIPATED REVENUES AND
EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY
FOR THE FISCAL YEAR 2000/2001; REPEALING ALL
RESOLUTIONS INCONSISTENT HEREWITH.
(The official copy of Resolution No. 32-01 is on file in the City Clerk's office).
The City Manager stated that this is the budget adjustment with an explanation of
various changes. The major part of the change is due the fact that the City's health insurance
bids came in higher than anticipated and the debt change is about $1,000,000 in the general fund.
With regard to the Tennis Stadium Fund, Mr. Perlman commented about the
$150,000 being brought over from the General Fund to cover the deficit in the sponsorships and
Citrix revenues, and asked if the City is awaiting the report from the Tennis Facilities Task Team
before we move forward with an RFP on the naming rights? In response, the City Manager stated
staff has started working on the RFP. At one time, the Tennis Facilities Task Team had asked
the City to wait until they considered it and now the City is at a point to start working on this.
Mr. Levinson asked the City Manager when he anticipates this would be ready for
the Commission to review? In response, the City Manager stated he would be more than happy
to find this out. Mr. Levinson stated it would be great to do this very soon so that someone can
get the season of naming rights.
Mrs. Archer moved to approve Resolution No. 32-01, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0
vote.
9.1. RESOLUTION NO. 37-01:
Revision Committee for the sole purpose
recommendations to the City Commission.
Consider a resolution establishing a Charter
of reviewing the City Charter and formulating
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05/01/01
The City Manager presented Resolution No. 37-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A CHARTER
REVISION COMMITTEE FOR THE SOLE PURPOSE OF
REVIEWING THE CITY'S CHARTER AND FORMULATING
RECOMMENDATIONS TO THE CITY COMMISSION.
(The official copy of Resolution No. 37-01 is on file in the City Clerk's office.)
Mr. Levinson asked if there is some coordination that can be done so the City
does not end up with 11 business people and no residents or 11 homeowners' presidents and no
business representation.
Mayor Schmidt suggested that each Commissioner bring their perspective names
to the Workshop Meeting of May 8, 2001 for discussion. The appointments to the Charter
Revision Committee can then be made at the next Regular Commission Meeting of May 15,
2001.
Ms. McCarthy moved to approve Resolution No. 37-01, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with
a 5 to 0 vote.
0.J.
APPOINTMENTS TO THE POLICE AND FIRE BOARD OF TRUSTEES:
Appoint one member to the Police and Fire Board of Trustees to fill an unexpired term ending
June 30, 2002. Appointment will be made by Commissioner Archer (Seat #2). Appoint one
member for a two-year term ending April 22, 2003. Appointment will be made by
Commissioner Levinson (Seat #3).
Mrs. Archer moved to appoint Harry J. Hamilton as a member to the Police and
Fire Board of Trustees to fill an unexpired term ending June 30, 2002, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy
- Yes; Mayor $chmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a
5 to 0 vote.
Mr. Levinson moved to reappoint John Frysinger (incumbent) as a member to the
Police and Fire Board of Trustees for a two-year term ending April 22, 2003, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 6:45 p.m., Mayor Schmidt asked the City Manager to
give the Commission an update regarding the funding request from Delray Youth Enrichment
Vocational Center.
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With regard to the Delray Youth Enrichment Vocational Center, one thing that
was pointed out was $70,000 from Police in-kind services as opposed to cash. What they are
asking for in terms of cash is $100,000 capital and $150,000 a year for three years. The
explanation of the revenue is pretty much like was previously presented that over time the
amount of academic time they have versus what they are doing on the job changes so the amount
of money they are getting from the School Board changes.
Mayor Schmidt asked if the City has looked preliminarily how the operating part
may fit into the budget for next year or the following years? The City Manager stated this has not
been done.
Mr. Levinson asked when will the City anticipate they will have enough material
to provide to the Commission? In response, the City Manager stated he previously suggested the
$100,000 could come out of what the City has reserved for neighborhood improvements. The
City Manager stated this is not exactly what was envisioned but the money is available and it
would definitely have a significant impact on the neighborhood where most of these young
people would be coming out of initially and others in the future. As far as $150,000, that is a
matter of priorities. With regard to priorities, the City Manager stated the budget will be
addressed in the summer. If the Commission makes a decision that the money is going in then
the City can put it in and at that time will have to decide how it affects everything else. The City
Manager stated it is hard to visualize the whole picture until the entire budget is presented until
the Commission has a chance to review it which will be towards the end of July.
Mr. Perlman asked how much money the City has in the Neighborhood
Improvement Fund? In response, the City Manager stated $250,000, which is earmarked for
neighborhood improvements and he was under the impression that this money could be used for
any neighborhood although the City is trying to focus on three neighborhoods (Delray Shores,
Chatelaine, and Rainberry Woods) in the western part of the City. Mr. Perlman asked if Langton
is available to do any kind of work on this? The City Manager stated they are aware of the need
but he has not had a chance to speak with them as to what they feel the prospects might be. Mr.
Perlman stated he spoke to Representative Andrews who stated he would research to see what
the State might be able to bring to the table with regard to money for Charter Schools. Mr.
Perlman stated the City made an implicit promise to some of the neighborhoods out west and
feels there is some expectation to move forward with some of those improvements for Delray
Shores, Chatelaine, and Rainberry Woods. The City Manager stated he does not foresee this
happening this fiscal year. The City Manager stated he expects to bring Mr. Safford's report to
the Workshop Meeting of May 8th and go into this in greater detail. Mayor $chmidt gave
direction to the City Manager to ask Lula Butler, Director of Community Improvement, to give
the Commission a projection for what is going to be spent this fiscal year on Delray Shores.
Mr. Levinson stated he would like to know what dollar amount the City is talking
about as it relates to neighborhood improvements. He feels some of the money should be carried
forward to be able to complete the neighborhood improvements for Delray Shores, Chatelaine
and Rainberry Woods. Mr. Levinson stated he shares concerns regarding the City's implicit
promise made to these three neighborhoods.
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Mrs. Archer suggested that the Commission put this item on the Workshop
Meeting of May 8th for further discussion and see if we can contact Representative Andrews to
see if there is any other means of assistance and then make a decision.
It was the consensus of the Commission to continue discussion regarding the
funding of the Delray Youth Enrichment Vocational Center Funding to the Workshop Meeting
of May 8th.
Claire Marseille~ with the Youth Group at Lady Perpetual Help Church, read
a poem to the City Commission.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 29-01: An ordinance amending LDR Sections 4.6.9(D) and
6.1.4(D), regarding paving of driveways and parking spaces, and providing an amortization
period. If passed, a public hearing will be scheduled for May 15, 2001.
The City Manager presented Ordinance No. 29-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH FLORIDA, AMENDING CHAPTER 4,
"ZONING REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS", SECTION 4.6.9, "OFF-STREET
PARKING REGULATIONS", SUBSECTION 4.6.9(D), "DESIGN
STANDARDS", BY AMENDING SUB-SUBSECTION 4.6.9(D)(8),
"PARKING SURFACES AND DRAINAGE"; AMENDING
CHAPTER 6, "INFRASTRUCTURE AND PUBLIC PROPERTY",
ARTICLE 6.1, "DESIGN STANDARDS AND REQUIREMENTS",
SECTION 6.1.4, "DRIVEWAYS AND POINTS OF ACCESS", BY
AMENDING SUBSECTION 6.1.4(D), "CONSTRUCTION
REQUIREMENTS", BY CLARIFYING REGULATIONS
RELATING TO THE PAVING OF DRIVEWAYS AND PARKING
AREAS; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 29-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated these LDR amendments are to Section
4.6.9(D) and 6.1.4(D). This amendment is being process to re-emphasize the requirement that all
developed property within the City of Delray Beach must have paved off-street parking and
driveways. The proposed changes require existing developed property, excluding single-family
homes, that currently is not in compliance within a 3 year period. The proposed ordinance will
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not affect properties, which have either received a variance from the off-street parking and/or
driveway paving requirements, or approval from the City Engineer to use another type of
material besides asphalt or concrete.
The Planning and Zoning Board held a public hearing regarding this item at its
meeting of April 16, 2001. There was no public testimony regarding the amendment. After
discussing the item, the Board voted 7-0 to recommend to the City Commission approval of the
proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M).
Discussion by the Commission followed.
Ms. McCarthy asked when we started to change this ordinance, were those people
previously grandfathered in? In response, Mr. Dorling stated most of the situations we have
were areas that were annexed into the City and developed in the County. For one reason or
another they were not required to pave their surfaces. Mr. Dorling stated to his knowledge the
City's requirements for paving of parking lots and driveways is a long-standing ordinance. In
addition, Mr. Dorling stated this is being done to bring those existing properties to current
conditions. In absence of any development, Mr. Dorling stated there would be no way for the
City to require upgrading of the property.
Mrs. Archer asked if we were to annex a property in that had an existing dwelling
on it and there was no sidewalk in front of the property and they were required to pave the
driveway, what would we be doing about the sidewalk if none were required in the immediately
surrounding area? In response, Mr. Dorling stated this ordinance does not address sidewalks but
addresses paved parking lots and driveways only.
Mr. Perlman moved to approve Ordinance No. 29-01 on FIRST Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said
motion passed with a 4 to 1 vote.
After the vote, Ms. McCarthy stated that when these complexes and
neighborhoods agreed to the annexation and were supportive of it, this was not part of the issue.
She is pleased that the City is giving them a three-year period to do this, however, she is
uncomfortable throwing things at people after the fact. Ms. McCarthy stated in the future when a
neighborhood is annexed into the City, she would like to see that they are made aware of these
things ahead of time and not after the property is annexed.
The City Manager stated the sign code for commercial areas is quite a bit different
from the County. When we annex in areas that have signs, the City will try to be careful to
inform them what changes will be required and how quickly they will need to be in compliance
with the City Code.
Ms. McCarthy asked Mr. Dorling what happens to these people that do not
comply within a three-year period? Mr. Dorling stated they would be subject to Code
Enforcement action.
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05/01/01
12.B. ORDINANCE NO. 33-01: An ordinance adopting the Community
Redevelopment Plan Amendment. If passed, a public hearing will be scheduled for May 15,
2001.
The City Manager presented Ordinance No. 33-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY
REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH;
F1NDING THAT THE MODIFICATIONS CONFORM TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATIONS ARE
CONSISTENT WITH THE CITY OF DELRAY BEACH'S
COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS
PURSUANT TO THE APPLICABLE REQUIREMENTS OF
FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated the proposed amendments are intended to
update the background and status of the agency's programs; update property acquisition maps;
and, include language that addresses the additional responsibilities be given to the West Atlantic
Redevelopment Coalition (WARC).
The Plan is consistent with the Future Land Use Map and does not require any
Future Land Use Map changes to implement its programs. While many of the CRA's projects
involve staff or financial participation by the City, including the Downtown Business Area Plan
and the Seacrest/DeMda Park Neighborhood Improvement Program, applicable Policies are
included within the Comprehensive Plan for City participation in these programs. Therefore, a
positive finding can be made with respect to consistency with the Goals, Objectives and Policies
of the Comprehensive Plan.
In terms of the new commitments to financing of particular projects and
programs, the amendment adds the City as a funding source for Program #2.9, "Pineapple Grove
Main Street Program" to participate in funding the development of public/private parking lots.
The City has not yet made this commitment and the item is not included in the City's
Comprehensive Plan.
At its meeting of April 16, 2001, the Planning and Zoning Board held a public
hearing on the proposed Plan and unanimously recommended approval of the rezoning by a 7 to
0 vote.
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05/01/01
Mr. Perlman moved to approve Ordinance 33-01 on FIRST Reading, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed
with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 17-01 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations regarding parking requirements in
the CBD (Central Business District) zone district to accommodate required parking utilizing
valet or tandem parking and establishing design standards for valet and tandem parking
arrangements. (Continued from the March 6th Regular Commission Meeting). Staff recommends
continuing to a date certain of May 15, 2001. Prior to consideration of this ordinance on FIRST
Hearing/First Public Hearing, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 17-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUS1NESS (CBD) DISTRICT, SUBSECTION
4.4.13(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR
CERTAIN USES MAY BE PROVIDED AS VALET PARKING,
SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL
USE APPROVAL; AMENDING SUB SECTION 4.4.13 (G),
"SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING
SECTION 4.6.9, "OFFSTREET PARKING REGULATIONS",
SUB SECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY
STRUCTURES", TO PROVIDE THAT PARKING MAY BE
PROVIDED IN FRONT OF GARAGE UNITS WITHIN
TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS,
SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F),
"SPECIAL PROVISIONS", BY ENACTING A NEW
SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN
STANDARDS AND REGULATIONS FOR VALET AND TANDEM
PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-01 is on file in the City Clerk's office.)
The City Attorney recommended continuing the First Reading/First Public
Hearing of Ordinance No. 17-01 to a date certain of May 15, 2001.
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05/01/01
The City Manager stated this is where the Commission decided to delay the
ordinance until the City receives possible suggestions from the Charrette process which has not
yet been completed. The City Manager explained reports would be presented Friday evening so
staff felt it would be appropriate to delay this until the next regular meeting.
Mrs. Archer moved to continue the First Reading/First Public Hearing of
Ordinance No. 17-01 to a date certain of May 15, 2001 at 7:00 p.m., seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
10.B. ORDINANCE NO. 23-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes,
and related zoning districts, pursuant to LDR Section 2.4.5(M). Prior to consideration of passage
of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
The City Manager presented Ordinance No. 23-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 4.3,
"DISTRICT REGULATIONS, GENERAL PROVISIONS,"
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES" OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING SUBSECTION (I), "FOSTER HOMES
AND GROUP HOMES", AND ENACTING A NEW SUBSECTION
(I), "COMMUNITY RESIDENTIAL HOMES AND GROUP
HOMES", TO PROVIDE FOR REGULATION OF GROUP HOMES
AND COMMUNITY RESIDENTIAL HOMES; AMENDING
SECTION 4.4.1, "AGRICULTURE ZONE DISTRICT (A)",
SUBSECTION 4.4.1(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED"; AMENDING SECTION 4.4.2, "RURAL
RESIDENTIAL (RR) ZONE DISTRICT", SUBSECTION 4.4.2(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED";
AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL
(R-l) DISTRICTS", SUBSECTION 4.4.3(B), "PRINCIPAL USES
AND STRUCTURES PERMITTED"; AMENDING SECTION 4.4.5,
"LOW DENSITY RESIDENTIAL (RL) DISTRICT," SUBSECTION
4.4.5(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.5(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.6,
"MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT",
SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED, SUBSECTION 4.4.6(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.9,
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"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION
4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED",
SUBSECTION 4.4.9(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION
4.4.13(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED"; AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT," SUBSECTION 4.4.17(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED", SUBSECTION
4.4.17(C), "ACCESSORY USES AND STRUCTURES
PERMITTED", SUBSECTION 4.4.17(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED"; AMENDING SECTION 4.4.21,
COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTION
4.4.21(B), '"'PRINCIPAL USES AND STRUCTURES ALLOWED",
SUB SECTION 4.4.21 (D), "CONDITIONAL USES AND
STRUCTURES ALLOWED"; AMENDING SECTION 4.4.24, "OLD
SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD),
SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES
ALLOWED" SUBSECTION 4.4.24(D), "CONDITIONAL USES
AND STRUCTURES ALLOWED" TO PROVIDE FOR THE
REGULATION OF GROUP HOMES AND COMMUNITY
RESIDENTIAL HOMES; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 23-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Jay Jambeck, Assistant City Attorney, stated slight changes were made to this
ordinance based on the Commission comments.
Mr. Perlman stated he feels it is important to note that this is corrective in nature.
Mr. Jambeck emphasized that the changes made were minor wording changes to the definition
"group home".
Mayor Schmidt declared the public hearing open.
Alice Finst, 707 Place Tavant, representin~ the Board of Directors of the
Homeowners' League of Chatelaine, stated there is an item that reads: "no more than six
unrelated residents Group Home Type 1" and asked if this type of group home would be
permitted an R-l-AB (Single Family Residential) zoning? In response, Jay Jambeck, Assistant
City Attorney stated this would be permitted in R-1 zoning. Ms. Finst stated the City Code states
that it is no more than five unrelated persons and inquired as to why this ordinance provides for
up to six unrelated residents. Mr. Jambeck explained that the Florida Statute that this ordinance
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05/01/01
is based on provides up to six unrelated residents so it is consistent with Chapter 419, Florida
Statutes.
Ms. Finst stated this could be a problem as far as the interpretation of the zoning
code. Mayor Schmidt commented that he assumes the Florida Statute would supersede the
City's ordinance. Mr. Jambeck stated that indeed the Florida Statute would supersed the City's
ordinance. Ms. Finst stated there is apparently no square footage as far as the size of the house
that this could go into. She stated there are two-bedroom homes in Chatelaine and asked if there
could be six unrelated people living in a two-bedroom house?
There being no one else who wished to address the Commission on this issue, the
public hearing was closed.
The City Manager recommended that Ms. Finst voice her concerns to State and
Federal Legislators because they have the power to change it. He stated it is important for
people to remember that a "group home" is different than simply five unrelated individuals living
together. In a "group home" they must be living together as a family and there is a certain
amount of supervision and support care.
Mrs. Archer moved to adopt Ordinance No. 23-01 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
Prior to the vote, Mr. Perlman emphasized that this is not something the City is
doing to ensure that neighborhoods are filled with group homes. Mr. Perlman reiterated the
wording change to this ordinance is corrective in nature and stated State and Federal regulation
tie the City's hands to a certain extent. Therefore, Mr. Perlman suggested if someone is
concerned over this issue, they need to contact the State and/or their Congressman.
10.C. ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and
Boating", Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibit
prolonged dockage at Veterans Park, and also the use of City electricity and other utilities while
docking. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 21-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 92,
"BOATS AND BOATING", BY AMENDING HEADING,
"GENERAL PROVISIONS", SECTION 92.10, "MOORING TO
PUBLIC PROPERTY", TO SPECIFY THE LENGTH OF TIME
A PERSON IS PERMITTED TO DOCK AT VETERANS PARK,
LIMITING THE USE OF CERTAIN CITY FACILITIES IN
VETERANS PARK AND REFERENCING LDR SECTION
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4.3.3(U) RESTRICTING LIVE ABOARD
PROVIDING A GENERAL REPEALER CLAUSE;
CLAUSE AND AN EFFECTIVE DATE.
VESSELS;
A SAVING
(The official copy of Ordinance No. 21-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 21-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes. Said motion passed with a 5 to 0 vote.
10.D. ORDINANCE NO. 31-01: An ordinance amending Chapter 73, "Parking
Schedule" of the City Code of Ordinance by extending the two-hour parking regulation along
Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8 p.m. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to
be held at this time.
The City Manager presented Ordinance No. 31-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII,
"TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES",
SCHEDULE I. "TWO-HOUR/FOUR-HOUR PARKING
ZONES", BY AMENDING SUBSECTION (B), "TIME LIMIT",
TO PROVIDE THE PARAMETERS FOR PARKING ON
ATLANTIC AVENUE FROM SWiNTON TO A1 A;
PROVIDING FOR A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 31-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mr. Perlman moved to adopt Ordinance No. 31-01 on Second and FINAL
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Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes. Said motion passed with a 5 to 0 vote.
10.E. ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and
Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance
thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public
Utility Companies within the City of Delray Beach in order to help control the spread of Citrus
Canker. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 20-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING A METHOD OF
CITRUS CANKER DECONTAMINATION TO BE ADHERED
TO BY VEGETATION MAINTENANCE COMPANIES AND
PUBLIC UTILITY COMPANIES WITHIN THE CITY OF
DELRAY BEACH; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE. DATE.
(The official copy of Ordinance No. 20-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public hearing was held
having been legally advertised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 20-01 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
10.F. RESOLUTION NO. 39-01 (STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): A resolution adopting
the Local Housing Assistance Plan for Fiscal Years 2001-2004 pursuant to the State Housing
Initiatives partnership (SHIP) Program. Prior to consideration of passage of this resolution, a
public hearing has been scheduled to be held at this time.
The City Manager presented Resolution No. 39-01:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL
HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE
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HOUS1NG INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS
ATTACHED HERETO; ESTABLISHING A MAXIMUM COST
PER UNIT, THE STRATEGIES AND INCENTIVES OF THE
PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR
ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR
ADMINISTRATIVE EXPENSES; AUTHORIZING THE
NECESSARY CERTIFICATIONS BY THE MAYOR AND
AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE
HOUSING FINANCE CORPORATION; PROVIDING FOR AN
EFFECTIVE DATE UPON APPROVAL.
(The official copy of Resolution No. 39-01 is on file in the City Clerk's office.)
Lula Butler, Director of Community Improvement, stated this item is before the
Commission because under the SHIP Program the State requires the City to adopt and approve a
housing assistance plan for the next three years by adopting Resolution No. 39-01 pursuant to
Title 67-37 of the Florida Administrative Rules. Ms. Butler stated the City anticipates receiving
approximately $443,000 per year because of the dock sales and commented that housing sales
have been wonderful.
Mr. Perlman commended Ms. Butler for the outstanding job she has done with
housing and questioned why the annual allotment does not change over the three-year fiscal year
period? In response, Ms. Butler stated because they tell you must use the allotment that they
project and they make it the same for three years even though it will change each year.
Ms. McCarthy asked if Ms. Butler has found that they have been able to keep up
with the cost of the lots? In response, Ms. Butler stated the lower interest rates have helped,
however, the lot costs have gone up. Ms. Butler stated the availability of lots these days is a
challenge for the City. Ms. McCarthy asked if this is something the City should address as well?
Ms. Butler stated one of the reasons staff is putting the lot acquisition in this particular plan is
because the Delray Beach Housing Authority (DBHA) has indicated that there is a parcel of land
that they would like to have some joint participation with from the City to do new home
ownership and to target attractive land to acquire.
Mrs. Archer asked if this money would be used for single family homes? In
response, Ms. Butler stated this money would be used for single family homes.
Ms. McCarthy stated in order for the City to get FHA criteria costs heightened,
people locally need to write to HUD to say the medium price of homes is "xxx" number of
dollars and suggested that perhaps the City could do this and it may help for next year's
allocation. Ms. Butler stated the City has increased up to $134,000 as our maximum affordable
unit and the City does use FHA criteria. Furthermore, Ms. Butler stated the allocation of SHIP
dollars is not based on the cost of housing but is based on the doc stamps that are created.
Mayor Schmidt declared the public hearing open. There being no one who
wished to address the Commission on this issue, the public hearing was closed.
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Mr. Perlman moved to adopt Resolution No. 39-01, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0
vote.
ll.A.
City Manager's response to prior public comments and inquiries.
In response to a prior comment regarding children "jay walking" along Barwick
Road, the City Manager stated the Police Department has worked very hard trying to make this
area as safe as possible for children traveling to and from school. For example, the Police
Department started a Bicycle Helmet Project in 1999, which has resulted in over 250
documented contacts with students. Even with this effort, the City Manager explained children
would do things that will put themselves in danger from motorists. The City Manager stated
officers would speak to representatives from both schools to encourage their students to follow
the sidewalks and always be watchful when crossing the road. With regard to the possibility of
placing a crossing guard somewhere in the middle of the stretch between Atlantic Avenue and
Lake Ida Road, the Police Department would like to assess this possibility before providing a
definite answer. The Police Department will have someone monitor the pedestrian flow to
determine the number of children that would cross Barwick Road away from the regular crossing
and evaluate whether an additional crossing guard is the solution or whether there may be other
ways of addressing the problems. A further response should be available by the Regular City
Commission Meeting of May 15, 2001.
Secondly, the City Manager distributed maps to the Commission of the northwest
area that shows existing sidewalks in green, sidewalks that are in the 2000 Bond Program are
shown in brown, sidewalks adjacent to Atlantic Groves are shown in blue, and there are six
streets where sidewalks will be built under the Community Development Block Grant (CDBG)
Program. The City Manager stated that by the end of the year when these sidewalks are
completed, every street in this area will have a sidewalk on at least one side with the exception of
the north end of Roosevelt Avenue and a section ofN.W. 1st Street where the right-of-way is not
sufficient to allow for a sidewalk. The City Manager commented that a map would be sent to
Mrs. Rosetta Rolle and to the Northwest Neighborhood Presidents Council.
11.B. From the Public.
ll.B.1. Jean Beer~ 2145 S.W. 26th Terrace, stated she had a brief conversation with
Mayor Schmidt at the Charrette about the need for more leadership training for the Presidents
and residents of the various homeowners' associations. Ms. Beer suggested that there be area
meetings where staff could give a presentation and explain the City Boards and how they
operate. In addition, Ms. Beer stated that City could also have something like Leadership Delray
that could be done on an area basis. Mrs. Beer stated she feels this could be done on an area
basis and would perhaps make people more aware of the different points of view and the
different problems involved.
ll.B.2. Chuck Ridley~ 137 S.W. 12th Avenue, commented about the Downtown
Charrette and stated he feels it is the best process thus far for bringing the community together to
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look at the common interest of this community. He stated that with each Charrette there comes
implementation and urged the Commission to continue to provide the necessary leadership so
recommendations will be considered at the Charrette on Friday, May 5th. On behalf of all the
residents who participated and those who could not, Mr. Ridley thanked the Commission.
Mr. Levinson stated that just because he will not be attending the Charrette on
Friday does not mean he is not committed. Mr. Levinson informed Mr. Ridley that he would be
attending a graduation.
ll.B.3. Kevin Warner~ 240 Venetian Drive, echoed comments made by Mr. Ridley
about the Downtown Charrette.
Secondly, Mr. Warner thanked the Fire Department and the City for purchasing
the new fire vehicle ("Fire Pumper"). Mr. Warner stated he had the pleasure of not only seeing
the vehicle but he learned a lot about EMS functions and fire functions.
ll.B.4. Alice Finst~ 707 Place Tavant, echoed comments made by Mr. Ridley and agree
that the Downtown Charrette was moving to see people from all different parts of the City
working together with the plan.
Ms. Finst stated she visited the old CRA office and was cordially welcomed and
given the grand tour of all the plans and feels the Charrette produced some very innovative ideas.
She emphasized that this is indeed open to the public and encouraged everyone to review the
exciting plans for the West Atlantic Avenue area.
At this point, the Commission moved to Item 12.C., Ordinance No. 28-01.
12.C. ORDINANCE NO. 28-01: An ordinance amending Chapter 52, "Water" of the
City Code of Ordinances. If passed, a public hearing will be scheduled for May 15, 2001.
The City Manager presented Ordinance No. 28-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 52,
"WATER", SUBHEADING, "GENERAL PROVISIONS"; BY
AMENDING SECTION 52.01, "TURNING ON OF SERVICE", TO
PROVIDE A NEW TITLE, "TURNING ON SERVICE"; BY
RELETTERING THE FIRST PARAGRAPH SUBSECTION (A)
AND BY CREATING A NEW SUBPARAGRAPH (B),
PROVIDING FOR THE OPENING OF AN ACCOUNT IF THERE
IS ONLY ONE METER; BY AMENDING SECTION 52.03, "USE
OF WATER FROM HYDRANTS", SUBSECTION (B), TO
PROVIDE FOR THE RETURN OF THE METER BEFORE THE
DEPOSIT IS REFUNDED; BY AMENDING SECTION 52.04,
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"iNTERCONNECTION OF PUBLIC AND PRIVATE SYSTEMS",
TO PROVIDE FOR iNTERCONNECTIONS WITH ADJACENT
MUNICIPALITIES AND WATER UTILITIES; BY AMENDING
THE SUBHEADING, "METERS", BY REPEALING SECTION
52.15, "MINIMUM SIZE OF METERS" AND ENACTING A NEW
SECTION 52.15, "MINIMUM SIZE OF METERS", TO PROVIDE
A METHOD TO DETERMINE THE CORRECT METER SIZE; BY
AMENDING SECTION 52.17, "MULTIPLE CONNECTIONS
THROUGH ONE METER", TO PROVIDE FOR CONNECTIONS
THROUGH ONE METER UNDER CERTAIN
CIRCUMSTANCES; BY AMENDING SECTION 52.19,
"VEGETATION WATER METERS", SUBSECTIONS (A) AND
(B) AND ENACTING A NEW SUBSECTION (D), TO PROVIDE
FOR THE LOCATION AND CIRCUMSTANCES WHERE USE
OF A SEPARATE VEGETATION WATER METER IS
PERMISSIBLE; BY AMENDING SECTION 52.30, "OWNER
RESPONSIBLE FOR CHARGES", BY REPEALING THE FIRST
PARAGRAPH AND ENACTING NEW SUBSECTIONS (A), (B),
(C), (D), AND (E) TO CLARIFY THE RESPONSIBILITIES OF
OWNERS AND TENANTS; BY REPEALING SECTION 52.33,
AND ENACTING A NEW SECTION 52.33, "DEPOSIT TO
GUARANTEE PAYMENT", TO CONSOLIDATE THE RATES
AND THE DEPOSIT RATE FOR 1 1/2 INCH METERS OUTSIDE
THE CITY, AND BY ENACTING A NEW SUB SECTION (B) TO
PROVIDE THAT CUSTOMERS WITH NO PREVIOUS
DELINQUENCY NEED NOT PAY A DEPOSIT; BY AMENDING
SECTION 52.39, "OTHER FEES", BY AMENDING
SUBSECTION (D), "METER REREADING CHARGE", TO
PROVIDE FOR THE CIRCUMSTANCES FOR THE IMPOSITION
OF THE CHARGE; BY AMENDING SUBSECTION 52.39(H),
"FEE FOR MAINTENANCE OF IMPROVEMENTS IN RIGHT-
OF-WAY", TO CORRECT THE FEE CHARGED BY THE CITY
FOR INSTALLATION OF IRRIGATION IN RIGHTS-OF-WAY;
BY AMENDING "WATER SHORTAGE EMERGENCIES",
SECTION 52.67, "APPLICATION OF PROVISIONS", TO
CLARIFY THE STANDARDS FOR THE DECLARATION OF A
WATER SHORTAGE EMERGENCY; BY AMENDING SECTION
52.68, "WATER SHORTAGE PLAN ADOPTED BY
REFERENCE; AMENDMENTS", AND SECTION 52.69,
"DECLARATION OF WATER SHORTAGE CONDITION;
EMERGENCY", TO PROVIDE FOR THE ENFORCEMENT OF
ANY RESTRICTION IMPOSED BY THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT; AND BY AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
CHAPTER SIX, "iNFRASTRUCTURE AND PUBLIC
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PROPERTY", SECTION 6.1.10, "WATER SYSTEM",
SUBSECTION 6.1.10(B), "DESIGN STANDARDS",
SUBPARAGRAPH 6.1.10(B)(2), "FIRE PROTECTION
PROVISIONS", BY AMENDING THE FOURTH BULLETED
ITEM UNDER SECTION 6.1.10(B)(2) TO ELIMINATE THE
REFERENCE TO THE WIDTH OF THE ROAD; BY AMENDING
SECTION 6.1.10, "WATER SYSTEM", BY REPEALING
SECTION 6.1.10(B)(3), "PROHIBITION ON
INTERCONNECTIONS", BY REPEALING SECTION
6.1.10(B)(4), "LIMITATION ON NUMBER OF STRUCTURES
PER METER", BY REPEALING SECTION 6.1.10(B)(5),
"PROHIBITION ON USE OF CITY WATER FOR IRRIGATION",
AND BY REPEALING SECTION 6.1.10(B)(6), "WATER METER
SIZING", DELETING THESE PROVISIONS FROM THE LAND
DEVELOPMENT REGULATIONS BECAUSE THE PROVISIONS
ARE CONTAINED IN CHAPTER 52 OF THE CODE OF
ORDINANCES, AND BY AMENDING SECTION 6.1.10 BY
ENACTING A NEW SECTION 6.1.10(D), "INCORPORATION
BY REFERENCE", TO PROVIDE THAT CHAPTER 52, AS MAY
BE AMENDED FROM TIME TO TIME, IS INCORPORATED IN
THE LAND DEVELOPMENT REGULATIONS BY REFERENCE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(The official copy of Ordinance No. 28-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Perlman moved to approve Ordinance No. 28-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
12.D.
PER THE CITY ATTORNEY, ORDINANCE NO. 32-01 IS REDUNDANT
TO ORDINANCE 28-01 AND THEREFORE THIS ITEM HAS BEEN PULLED FROM
THE AGENDA.
12.E. ORDINANCE NO. 30-01: An ordinance amending LDR Section 6.1.3(C)(2),
regarding construction standards for sidewalks through driveways. If passed, a public hearing
will be scheduled for May 15, 2001.
The City Manager presented Ordinance No. 30-01:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES
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OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC
PROPERTY," SECTION 6.1.3, "SIDEWALKS", SUBSECTION
(C)(2), "SIDEWALK CONSTRUCTION", TO ELIMINATE THE
REQUIREMENT RELATING TO WIRE MESH; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 30-01 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Planning Director, stated this amendment is being processed to
provide consistency between the LDR requirement and the City's Minimum Construction
Standards and Specifications Manual.
The Planning and Zoning Board held a public hearing regarding this item at its
meeting of April 16, 2001. There was no public testimony regarding the amendment. After
discussing the item, the Board voted 7-0 to recommend approval of the proposed text
amendment based upon positive findings with respect to LDR Section 2.4.5(M).
Mr. Perlman moved to approve Ordinance No. 30-01 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
With regard to information available from the Census Bureau, the City Manager
stated that to date the Census Bureau has released limited information collected from Census
2000. The majority of currently available data comes from the Census 2000 redistricting
summary file, which contains summary statistics on population counts for the total population for
age 18 years and over, population counts by race, and population counts by Hispanic origin. The
Census Bureau will continually release a due date as it comes available. Detailed age
information is scheduled for release in mid-June. Information for larger geographic areas such
as states and counties will be available before smaller geographical areas such as cities.
Complete distribution of all data collected from the Census 2000 is not scheduled until March
2003. In addition, the City Manager stated the Census Bureau has noted constraints with staffing
and budget Federal guidelines regarding the tabulation of data by race and ethnicity. Data
processing or other considerations may result in changes to types of data products prepared or
the timing of their release.
The City Manager stated he has been asked to Chair the Transportation
Committee for the Palm Beach County League of Cities.
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05/01/01
The City Manager stated that the City Manager's Best Practices Conference this
past weekend was excellent and very informative. The City Manager referred to one session in
particular and explained that four different cities were showing what they are doing with the
"Intranet" as opposed to the "Internet" electronic government. He stated there are some very
interesting uses being made of the Geographic Information System (GIS).
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
City Commission.
Commissioner Archer
Commissioner Archer commented on the Downtown Charrette and stated she was
not only extremely impressed with the number of people in attendance but also overwhelmed by
the cooperation and overall commitment of the individuals involved in the planning of the
Charrette. She stated those who did not attend the Charrette and those who may have attended
should make every effort to stop by the old CRA office.
Mrs. Archer encouraged everyone to attend the Downtown Charrette on Friday,
May 4, 2001, from 7:00 p.m. - 9:00 p.m. being held in the City Commission Chambers at City
Hall, 100 N.W. 1st Avenue.
13.C.2.
Commissioner Perlman
Commissioner Perlman also commented on the Downtown Charrette and stated as
Co-Chair of the Steering Committee with Chuck Ridley he was truly impressed with the large
diverse attendance. He stated staff did a great job with informing citizens of the Charrette and
feels that overall the Charrette was exciting and very successful. However, Commissioner
Perlman stated the only disappointment was that no one from the CRA attended the Charrette
and he would like to know why.
Commissioner Perlman stated he received a letter from a Jupiter resident who
attended the Delray Affair and while at the event he received a parking ticket. Commissioner
Perlman stated that along with the letter, the man enclosed the parking ticket and a check made
payable to the City. Mr. Perlman gave all the information to the City Manager to handle.
13.C.3.
Commissioner McCarthy
Commissioner McCarthy stated she was extremely impressed that City employees
who were at the Charrette after working all week long were not only enthusiastic but also very
approachable. Ms. McCarthy feels all the City employees did a splendid job with keeping the
flow of things going.
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05/01/01
With regard to the World Trade Council Luncheon, Ms. McCarthy stated the
display by Nancy King, Staff Editor, was quite impressive and very well organized.
Ms. McCarthy stated she had the opportunity to attend the Southwest President's
Association Meeting this week and discovered that "Community Chat" (Cynthia Ridley is in
charge of and is housed at MAD DADS), is complimenting what the City does regarding "Paint
up Delray". Community Chat will be painting two more houses in the southwest area on
Saturday, May 5, 2001 at 7:00 a.m. Ms. McCarthy feels this is wonderful and will only help to
enhance the entire community.
13.C.4.
Commissioner Levinson
Commissioner Levinson stated he and the City Manager attended the Palm Beach
County League of Cities Meeting and complimented the City Manager for giving a spectacular
presentation regarding the Sheriff' s initiatives in our City and other cities.
With regard to the City Attorney's memo regarding dual office holding, Mr.
Levinson suggested that City staff give recommendations on focus, possible meeting dates and
times, the frequency of the meetings, etc. Therefore, Mr. Levinson stated this way if there are
going to be any changes to the terms at least there will be some input from staff.
Commissioner Levinson commented that the newspaper gave the City a dubious
honor whereas the City was named the Aids Capitol of Palm Beach County. Mr. Levinson
suggested that the City write a letter to communicate to the Palm County Health Department to
see if there are some resources that they can bring to the community. Mr. Levinson stated there
is a small clinic facility in the southwest area that is trying to address some of these issues. He
stated this is clearly not a problem that the City would like to see continue on our streets.
The City Manager explained that the people working on this came to the City and
informed us of what they are going to be doing and asked for assistance in accessing the
community. The City Manager stated that there are three or four steps they will be going
through with that objective in mind of determining how to best do things that would help reduce
the rate of this disease occurring and reiterated that this is a Palm Beach County Health
Department initiative.
Lastly, Mr. Levinson stated he has received periodic telephone calls regarding the
aircraft noise coming from the Boca Raton Airport. Since Mr. Schwartz was so active in
spearheading this issue, Mr. Levinson asked whether or not the Commission could prevail upon
Mr. Schwartz to continue to keep the Commission appraised of this issue? The City Manager
stated that Mr. Schwartz indeed has an interest regarding this issue and explained that Mr.
Schwartz received a letter from the Federal Aviation Administration (FAA) and has asked the
City Manager to draft a response to the letter. The City Manager stated that since Mr. Schwartz
no longer serves on the City Commission he would like to be kept informed.
Mayor Schmidt suggested that the City Manager ask Delores Rangel, Staff
Assistant II, to contact the Boca Airport Authority. Mayor Schmidt commented that when he
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met with the Executive Director of the Boca Airport he was informed when the "Study" was
completed they would insure a copy is delivered to City Hall so it would be accessible to the
public and staff. Mayor Schmidt stated he would like to see the City follow up with this because
the City only has a 30-day comment period.
With regard to the Visions 2010 forums, Commissioner Levinson suggested that
the City invite area Presidents Homeowners' Associations (i.e., NW residents) to Workshop
meetings to give a brief presentation. He feels this may help to increase the attendance as well as
give the Commission a better focus on issues and challenges facing certain neighborhoods
throughout the City.
Lastly, Mr. Levinson apologized and stated that he would not be here for the
Downtown Charrette on Friday, May 4th because he will be attending his daughter's graduation.
13.C.5. Mayor Schmidt
Mayor Schmidt echoed comments made by Mr. Perlman and Mrs. Archer
regarding the success of the Downtown Charrette and thanked Jeff Costello, Chuck Ridley, and
the Steering Committee for the tremendous job they did with putting together the Charrette.
Mayor Schmidt stated that although he would like to encourage everyone to stop by the old CRA
building to see what is going on before Friday evening, he wants everyone to be aware that so
many people have stopped by, the staff is having trouble getting some of their work done.
Mayor Schmidt stated he attended the World Trade Council Luncheon in Boca
Raton with Vice-Mayor McCarthy yesterday. Mayor Schmidt stated the luncheon was well
attended and the presentation was very informative. In addition, Mayor Schmidt stated he was
impressed that there were more business contacts from people that are looking to maybe do
business in Delray Beach and is glad the City elected to participate.
14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the
case of Jesner Exanor v. City of Delray Beach and James Edward Schmidt.
Attendees:
Mayor David Schmidt
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Commissioner Jon Levinson
City Manager David Harden
City Attorney Susan Ruby
Kent Pratt, Esq.
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in
the above case.
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Mayor Schmidt read the following statement for the record: "The City has
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of
Jesner Exanor v. City of Delray Beach and James Edward Schmidt (no relation to the Mayor).
The estimated length of the closed session shall be 15 minutes. The following persons will be
attending: Mayor David Schmidt, Commissioners Pat Archer, Albert McCarthy, Jeff Perlman
and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Attorney Kent Pratt
and a certified court reporter."
Mayor Schmidt stated that after the closed session is over, he would announce
that the regular meeting is reopened, and the closed session is terminated.
At this point, the time being 8:00 p.m., the Mayor adjourned the regular meeting
to the closed attorney/client session.
At 8:45 p.m., Mayor Schmidt reconvened the regular meeting and announced that
the closed session was terminated.
At this point, Ms. McCarthy stated with regard to Item 8.P.E. , page two, at its
meeting of April 25, 2001, the Site Plan Review and Appearance Board denied (7 to 0), a request
for a color change for 633 West Atlantic, and existing commercial building, located on the north
side of West Atlantic Avenue, west ofN.W. 6th Avenue. Ms. McCarthy stated she would like to
appeal this decision because this was approved by the West Atlantic Avenue Redevelopment
Coalition (WARC) Board but denied by SPRAB. After looking at the color schemes on record,
the colors were acceptable they just stated that the color they wanted for the building they could
use for the column and vise versa. In addition, the gentleman who put this forward was involved
in an automobile accident and was not able to attend this particular meeting.
Ms. McCarthy moved to reconsider Item 8.P.E. under the Site Plan Review and
Appearance Board, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appeal Item 8.P.E., seconded by Mr. Levinson. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
at 9:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
Acting City Clerk
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ATTEST:
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the minutes of the Regular Commission Meeting held on May 1,
2001, which minutes were formally approved and adopted by the City Commission on
Acting City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated above, this means they are not
the official minutes of the City Commission. They will become the official minutes only after
review and approval, which may involve some amendments, additions or deletions.
-35-
05/01/01
Mayor Schmidt read the following statement for the record: "The City has
scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of
Jesner Exanor v. City of Delray Beach and James Edward Schmidt (no relation to the Mayor).
The estimated length of the closed session shall be 15 minutes. The following persons will be
attending: Mayor David Schmidt, Commissioners Pat Archer, Albert McCarthy, Jeff Perlman
and Jon Levinson, City Manager David Harden, City Attorney Susan Ruby, Attorney Kent Pratt
and a certified court reporter."
Mayor Schmidt stated that after the closed session is over, he would announce
that the regular meeting is reopened, and the closed session is terminated.
At this point, the time being 8:00 p.m., the Mayor adjourned the regular meeting
to the closed attorney/client session.
At 8:45 p.m., Mayor Schmidt reconvened the regular meeting and announced that
the closed session was terminated.
At this point, Ms. McCarthy stated with regard to Item 8.P.E., page two, at its
meeting of April 25, 2001, the Site Plan Review and Appearance Board denied (7 to 0), a request
for a color change for 633 West Atlantic, and existing commercial building, located on the north
side of West Atlantic Avenue, west ofN.W. 6th Avenue. Ms. McCarthy stated she would like to
appeal this decision because this was approved by the West Atlantic Avenue Redevelopment
Coalition (WARC) Board but denied by SPRAB. At~er looking at the color schemes on record,
the colors were acceptable they just stated that the color they wanted for the building they could
use for the column and vise versa. In addition, the gentleman who put this forward was involved
in an automobile accident and was not able to attend this particular meeting.
Ms. McCarthy moved to reconsider Item 8.P.E. under the Site Plan Review and
Appearance Board, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Ms. McCarthy moved to appeal Item 8.P.E., seconded by Mr. Levinson. Upon
roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson
- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
at 9:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
Acting City Clerk
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05/01/01
ATTEST:
MAYOR
The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the minutes of the Regular Commission Meeting held on May 1,
2001, which minutes were formally approved and adopted by the City Commission on
Acting City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated above, this means they are not
the official minutes of the City Commission. They will become the official minutes only after
review and approval, which may involve some amendments, additions or deletions.
-35-
05/01/01