12-02-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, December 2, 2003
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxilial3; aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
pr%ram, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetinas in the Commission Chambers.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted the addition of Item 10.C, Contract for Sale and Purchase
of Property/Monterey House, to the agenda by addendum; Items 8.G, Hammock Reserve
Homeowners' Association Traffic Enforcement Agreement, and 9.D, Amendment No. 1/Sale and
Purchase Contract, were pulled from the agenda; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· November 18, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
A. Calling for a Special Election to be held on January 20, 2004
B. National HIV/AIDS Awareness Week - December 1-7, 2003
PRESENTATIONS:
A. Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. APPROVAL OF POLL WORKERS FOR THE SPECIAL ELECTION:
Approval of the poll xvorkers for the Spedal Election to be held on January 20, 2004.
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE SPECIAL
ELECTION: Authorize the Palm Beach County Supervisor of Elections to handle
and canvass the City's absentee and provisional ballots for the January 20, 2004 Special
Election, and represent the City at the requisite Logic and Accuracy tests.
ACCESS EASEMENT AGREEMENT/JOHN D. ROOF: Approve an access
easement agreement that allows the public to use a driveway adjacent to Mr. John D.
RooFs property located on the west side of S.W. 10~ Avenue between S.W. 10~ Street
and Wallace Drive to access a convenience store.
CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT
COMPANY, INC.: Approve Change Order No. 1 in the amount of $5,989.40, and
final payment in the amount of $19,385.10 to Chaz Equipment Company, Inc. for the
Rye Lane, Enfield Road, and Lake Terrace Water Main and Raw Water Supply
Common Header Pipe Project. Funding is available from 442-5178-536-65.82
(Water/Sewer Renewal and Replacement Fund/Raw Water Manifold).
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12-02-2003
CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT
COMPANY, INC.: Approve Change Order No. 1 in the amount of $2,463.25, and
final payment in the amount of $10,551.50 to Chaz Equipment Company, Inc. for S.W.
7~ Street Road~vay and Server Improvements Project. Funding is available from 441-
5161-536-63.90 (Water/Server Fund/Other Improvements).
CHANGE ORDER NO. 2/FINAL PAYMENT/MANCON, INC.: Approve
Change Order No. 2 in the amount of $7,621.00, and final payment in the amount of
$150,705.73 to Mancon, Inc. for the Lift Station No. 6 Force Main System
Improvements Project. Funding is available from 442-5178-536-63.50 (Water/Sexver
Renexval and Replacement Fund/Water Mains).
HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement bet~veen the City and
Hammock Reserve Homeo~vners' Association allo~ving the Delray Beach Police
Department to enforce local and state traffic la~vs on its property. (PULLED)
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for January 29, 2004 from 6:00
p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the
closure of Atlantic Avenue from S~vinton to N.E. 7th Avenue, the south side of Atlantic
Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from
Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E.
2nd Street, and authorize staff support for security and traffic control, banner hanging
and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of
City stages.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 17, 2003 through November 26, 2003.
AWARD OF BIDS AND CONTRACTS:
Contract award to DiLoreto & Sons Vending, Inc. for snack vending machine
service at various locations within the City.
REGULAR AGENDA:
REQUEST FOR IN-LIEU PARKING SPACES/PINEAPPLE GROVE
BUILDING: Consider a request by Pineapple Grove Building for the purchase of
four (4) in-lieu parking spaces in the amount of $24,000.00 and the construction of ten
(10) on-street parking spaces in the adjacent rights-of-way. Pineapple Grove Building is
located on the xvest side of N.E. 2~d Avenue (Pineapple Grove Way) north of N.E. 2~d
Street. (Quasi-JudiciM Hearing) (Motion to approve the purchase of four (4) in-lieu
parking spaces and the construction of ten (10) on-street parking spaces; Approved, 5-0)
12-02-2003
REQUEST TO REDUCE LIENS/THOMAS: Consider a request from Mr. James
Thomas to ~vaive the interest and administrative fees totaling $1,338.29 assessed for
abating nuisances on properpy located at 40 S.W. 6~ Avenue. Mr. Thomas is prepared
to pay the City's out-of-pocket expenses in the amount of $3,030.86. Staff recommends
approval. (Approved, 5-0 with payment to be paid in full in 30 days)
MACARTHUR FOUNDATION/GRANT AGREEMENT: Consider approval of
an agreement bet~veen the City of Delray Beach and the MacArthur Foundation for a
t~vo (2) year grant in the amount of $150,000 in support of the South~vest Area
Neighborhood Redevelopment Plan. (Approved, 4-0; Commissioner Archer left dais)
AMENDMENT NO. 1/SALE AND PURCHASE CONTRACT: Consider approval of
Amendment No. 1 to the Sale and Purchase Contract bet~veen the City and D.R.
Horton, Inc. providing for Construction Management Services for the public park at no
cost to the City and for early payment of park impact fees by D.R. Horton. (PULLED)
PARKING LICENSE AGREEMENTS: Consider approval of recommended
modifications to Section 4 "Payment for Parking Queue Spaces", Section 9
"Compliance ~vith La~vs", and Section 14 "Penalties for Violations/Termination" of the
parking license agreements. (Motion to extend the current contracts for sixty (60) days and
the Parking Management Advisory Board to review Items No. 9 and No. 14 including rate
increases and report recommendations to the Commission; Approved, 5-0; Commissioner
Archer returned to dais)
BOCA RATON AIRPORT AUTHORITY: Provide direction regarding the Boca
Raton Airport Authority's revision of the By-La~vs of its Aviation Advisory Committee
(AAC) and Noise Compatibility Committee (NCC). (Motion to follow the
recommendation to combine the Aviation Advisory Committee and the Noise Compatibility
Committee to form a single advisory committee with nine members; Approved, 5-0)
PROPOSAL FOR SETTLEMENT IN SYMBION CORPORATION v. CITY
10.
OF DELRAY BEACH: Consider a Proposal for Settlement in the amount of
$20,000.00 in Symbion Corporation v. City of Delray Beach. Staff recommends
acceptance. (Approved, 5-0)
APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
one (1) regular member to the Nuisance Abatement Board for an unexpired term
ending March 31, 2005. Based upon the rotation system, the appointment ~vill be made
by Commissioner Levinson (Seat #3). (Appointed John Hart and approved, 5-0)
PUBLIC HEARINGS:
ORDINANCE NO. 43-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land
Development Regulations, Section 4.3.3(AA) "Adult Entertainment Establishments" to
amend the distance limitation bet~veen any adult entertainment establishment and
alcoholic beverage establishment. (Approved, 5-0)
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12-02-2003
ORDINANCE NO. 44-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 113, "Alcoholic Beverages", of the City
Code of Ordinances, Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual
Conduct at Alcoholic Beverage Establishments" to change distance limitations and
include Stand Alone Bars. (Approved, 5-0)
CONTRACT FOR SALE AND PURCHASE OF PROPERTY/MONTEREY
11.
12.
13.
HOUSE: Consider approval of contract to sell City o~vned propervy, the Monterey
House and certain Block 60 parking condominium spaces and Contract for Sale and
Purchase bet~veen the City and the Community Redevelopment Agency (CRA) in the
amount of $700,000.00. (Motion to approve the origqnal agreement in the amount of
$700,000.00 and include an "as is" clause with direction to the Community Redevelopment
Agency to provide more information; Approved, 4-0; Mayor Perlman stepped down due to
Conflict of Interest)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 47-03: An ordinance rezoning from R-l-AA (Single Family
Residential) to RM-8 (Multiple Family Residential-Medium Density-8 d~velling units per
acre) for a 1.36 acre parcel of land kno~vn as Simmons Cay located on the ~vest side of
State Road A-1-A (Ocean Boulevard) approximately 140 feet south of Vista Del Mar
Drive. If passed, a quasi-judicial public hearing ~vill be scheduled for January 6, 2004.
(Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 26, 2003
12-02-2003