04-20-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, April 20, 2004
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted that Item 7.D, C. Ron Allen, Journalist, Sun-
Sentinel - Commissioner McCarthy, was added to the agenda as a presentation; Item 9.G, Delray Beach
Housing Authority/Carver Estates, was added to the Regular Agenda by addendum; and additional
information for Item 8.J, Amendment/Ticketmaster, L.L.C. Agreement/Davis Cup; Approved as
amended, 5-0)
APPROVAL OF MINUTES:
· NONE
PROCLAMATIONS:
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Municipal Clerk's Week - May 2-8, 2004
Delray Beach Church of God - 75~h Anniversary
PRESENTATIONS:
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"Spotlight on Education" - S.D. Spady Elementary School Modernization, Jose
Murguido, A1A Zyscovich Architects
City of Delray Beach Residents' Academy Certificates -Janet Meeks
Preliminary Site Plan for Catherine Strong Center -Joe Weldon
C. Ron Allen, Journalist, Sun-Sentinel - Commissioner McCarthy
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. GRANTING OF REVISED UTILITY EASEMENT DEED/FLORIDA
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POWER AND LIGHT: Approve a revised utility easement granting to Florida Power
and Light the means to install/maintain an underground power line on City owned
property as a result of the construction of the parking garage and library.
ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a
hold harmless agreement between the City and Kurt Peterson for the installation of a
fence within a public right-of-way.
BEACH PERFORMANCE MONITORING STUDY: Approve a contract
between the City of Delray Beach and Coastal Planning & Engineering, Inc. in an
amount not to exceed $33,404.00 for the 24-month Post-Construction Beach and
Offshore Performance Monitoring Study. Funding is available from 332-0000-337-
31.00 (Intergovernmental Revenue/Beach Renourishment Grant Fund).
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04-20-2004
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AMENDMENT NO. 1/SURVEYING SERVICES AGREEMENT/AVIROM &
ASSOCIATES, INC.: Approve Amendment No. 1 to the surveying services
agreement between the City of Delray Beach and Avirom & Associates, Inc. providing
for a five (5) percent increase of their hourly rates.
SPECIAL EVENT REQUEST/AVDA 5K WALK: Approve a special event request
to allow the 6~h Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walk/Run
to be held on Saturday, October 2, 2004 from 7:30 a.m. until approximately noon,
including temporary use permit per LDR Section 2.3.6(H) for the use of Anchor Park
and City right-of-way along Ocean Boulevard from Casurina to George Bush
Boulevard, waiver of parking meter fees, and staff support for traffic control,
barricading, signage, trash pick up/removal, and set up/use of the small stage;
contingent on the sponsor providing liability insurance and a hold harmless agreement.
SPECIAL EVENT REQUEST/7TM ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for the Th Annual Downtown
Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 29 and
May 30, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for use of City
right-of-way on Pineapple Grove Way from the north side of N.E. 1st Street to the
south side of N.E. 4~h Street; and to authorize staff support for security/traffic control,
waiver to allow event signage to be installed one week prior to event with event sponsor
paying all overtime costs; contingent upon receipt of certificate of liability insurance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
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Accept the actions and decisions made by the Land Development Boards for the period
April 12, 2004 through April 16, 2004.
AWARD OF BIDS AND CONTRACTS:
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Bid award to various vendors for the purchase of gasoline and diesel fuel via the
Palm Beach County Co-op Bid #02145A at an estimated annual cost of
$546,513.70. Funding is available from 445-4714-572-52.11 (Golf Course
Fuel/Oil Other), 446-4714-572-52.11 (Lakeview Fuel/Oil Other), and 501-
3311-591-52.51 (Central Garage Inventory/Fuel) ( 2004-2005 Budget).
Contract renewal via Veto Beach Bid #97-41 with G&K Services for uniform
rental at an estimated annual cost of $55,380.00. Funding is available from
various departments' operating expense budget.
PALM BEACH COUNTY AGREEMENT/DAVIS CUP: Approve an agreement
with the Palm Beach County Board of County Commissioners for the reimbursement
of funds to the City in an amount up to $40,000.00 for expenses incurred by the City
for the Davis Cup.
04-20-2004
AMENDMENT/TICKETMASTER L.L.C. AGREEMENT/DAVIS CUP:
Approve an amendment to the Ticketmaster Agreement between the City and
Ticketmaster L.L.C. to provide that all proceeds received from the Davis Cup ticket
sales shall be paid directly to the United States Tennis Association (USTA) Davis Cup
box office.
REGULAR AGENDA:
A. ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND
TENNIS FACILITIES: Consider approval of proposed performance measures for
FY 2003-2004 for the Municipal Golf Course, Lakeview Golf Course, and Tennis
facilities. (Motion to TABLE with direction for Brahm Dubin to provide a marketing
plan; Approved, 5-0)
CONTRACT AWARDS/PROFESSIONAL CONSULTING SERVICES:
Consider approval of contract awards for professional consulting services to I~mley-
Horn, Inc., CH2M Hill, Tetra Tech, Inc., Robert Walters Architects, Inc., and Robert
G. Currie Partnership for design of parks improvement projects funded by the Parks &
Recreation Bond Program. (Approved, 5-0)
PARKS BOND PROJECTS STATUS REPORT: Review status of Parks and
Recreation Bond Issue projects.
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/EXPANSION OF OLD SCHOOL SQUARE: Consider approval of an
interlocal agreement between the City and the Community Redevelopment Agency
(CRA) for the expansion of Old School Square to include land acquisition, parking
garage, and the downtown park. (Motion to TABLE until May 4, 2004, Approved, 5-0)
CONSULTING AGREEMENT/TETRA TECH WHS: Consider approval of a
consulting agreement between the City and Tetra Tech WHS in an amount of
$16,600.00 for a needs and priorities assessment for the Western Community Center
and Pompey Park expansion projects funded by the Parks & Recreation Bond Program.
Funding is available from 380-4150-572-62.58 (2004 Parks and Recreation Bond
Construction Fund). (Approved, 5-0)
AMENDMENT NO. 2 TO THE SOLID WASTE FRANCHISE
AGREEMENT/SETTLEMENT OF LAWSUIT WITH SOUTHERN WASTE
SYSTEMS: Consider approval of Amendment No. 2 to the Solid Waste Franchise
Agreement with Waste Management, Inc. of Florida (WM) to provide that WM may
subcontract a portion of the construction and demolition (C&D) roll off business to
Southern Waste Systems (SWS); and provides that WM shall indemnify, defend, and
hold harmless the City from any other claims challenging the City's rights to franchise
C&D during the term of the agreement, and approve settlement of the lawsuit. (Motion
to approve Amendment No. 2 subject to appropriate releases and approve settlement;
Approved, 5-0)
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DELRAY BEACH HOUSING AUTHORITY/CARVER ESTATES: Consider
approval of a letter, to be signed by Mayor Perlman, to the Delray Beach Housing
Authority supporting their efforts to obtain federal funds for dealing with the structural
deficiencies at Carver Estates. (Motion to authorize Mayor Perlman to sign letter; Approved,
5-0)
PUBLIC HEARINGS:
ORDINANCE NO. 21-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) Section 1.4.1,
"Interpretation of Land Development Regulations; Subsection 2.4.3(G), "Architectural
Elevations"; Subsection 4.3.3(O), "Townhouses and Townhouse Type of
Development"; Subsection 4.3.4(J)(4), "Increases to Height Regulations"; and (K),
"Development Standards Matrix"; Subsection 4.4.9(F), "Development Standards"; and
(G)(1), "West Atlantic Avenue Overlay District Supplemental District Regulations";
Subsection 4.4.13(A), "Purpose and Intent"; and (F), "Development Standards"; and
(G), "Supplemental District Regulations"; and (I), "Performance Standards"; Subsection
4.4.24(A), "Purpose and Intent"; and (F), "Development Standards"; Subsection
4.4.28(F), "Development Standards"; Subsection 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning"; Subsection 4.6.18, "Architectural Elevations and
Aesthetics"; and Appendix "A", "Definitions", to implement the Downtown Delray
Beach Master Plan. If passed, a second public hearing will be scheduled for May 4,
2004. (Approved, 5-0)
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. 27-04: An ordinance amending Chapter 35, "Employees Policies
and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section
35.097, "Retirement Income; Basis Amount and Payment", to clarify the optional forms
of benefit. If passed, a public hearing will be scheduled for May 4, 2004. (Approved, 5-
0)
04-20-2004
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 16, 2004
~~ Meetiag adjourned at 8:25p.m. ~~
04-20-2004