08-16-05 Agenda Results-Regular
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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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
Tuesday, August 16, 2005 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is en titled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
c. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be at the specific request of individual City Commission members.
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.
100 NW 1st Avenue
De1ray Beach, Florida 33444 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 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.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Item 8D, Agreement/Palm Beach County Sports
Institute/Community Olympic Development Program (CODP)/Tennis Center, was pulled from the
agenda due to a request from staff; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. August 2,2005 - Regular Meeting (Approved, 5-0)
. August 9, 2005 - Special/Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Muscular Dystrophy Association Fire Fighter Appreciation Week - August 28 -
September 3, 2005
B. Prostate Cancer Awareness Month - September 2005
7. PRESENTATIONS:
A. Senator Atwater and Representative Adam Hasner
B. "Spotlight on Education" - Mary Stratos, Principal of Carver Middle School
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/AVENUE EAST PLAT: Approve
the subdivision plat for A venue East, located on the east side of S.E. 2nd Avenue
between S.E. 1st Street and East Atlantic Avenue.
1. RESOLUTION NO. 57-05: Approve Resolution No. 57-05 abandoning the
East five (5) feet of a portion of S.E. 2nd Avenue, lying adjacent to Lots 1-18,
less the south ten (10) feet, thereof, Subdivision of Block 85, located between
East Atlantic Avenue and S.E. 1st Street, in conjunction with the Avenue East
Project.
B. AMENDMENT TO CONTRACT FOR SALE AND
PURCHASE/UNIVERSAL BEACH SERVICE CORPORATION: Approve an
Amendment to the Contract for Sale and Purchase between the City and Universal
Beach Service Corporation to allow a closing on or before September 15, 2005.
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C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /WEST 5TH
CONDOS: Authorize the City to act as the utility permit applicant for a water service
connection within the state right-of-way, located on the west side of southbound
Federal Highway, between S.E. 1st Street and S.E. 2nd Street; and approve a hold
harmless agreement with the developer (Faison-West Fifth, LLC).
D. AGREEMENT /P ALM BEACH COUNTY SPORTS INSTITUTE /
COMMUNITY OLYMPIC DEVELOPMENT PROGRAM (CODP)/TENNIS
CENTER: Approve an agreement with the Palm Beach County Sports Institute for a
Community Olympic Development Program at the Tennis Center. (PULLED due to a
request from staff)
E. AGREEMENT/DELRAY HARBOR CLUB: Approve an agreement with Delray
Harbor Club which provides that the Delray Harbor Club shall construct a wall on their
property between the City's proposed boat ramp and park area and the Harbor Club
property and will maintain the wall for ten (10) years. The City will fund up to
$60,000.00. Funding is proposed in the General Construction 05/06 CIP Plan.
F. CHANGE ORDER NO. 1!FINAL PAYMENT /CHAZ EQUIPMENT
COMPANY,INC.: Approve Change Order No.1 in the amount of $11,500.00 and
final payment in the amount of $53,510.00 to Chaz Equipment Company Inc. in
accordance with the interlocal agreement with the South Central Regional Wastewater
Treatment and Disposal Board (SCRWTDB) for the Area 1 Reclaimed Water System
Project. Funding is available from 441-5181-536-65.96 (Water & Sewer/Reclaimed
Water Transmission).
G. ALTERNATIVE WATER SUPPLY GRANT APPLICATION /SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to
submit a revised grant application to the South Florida Water Management District
(SFWMD) in the approximate amount of $1,000,000 (40% of the cost of construction)
for alternative water supply funding.
H. DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) GRANT
APPLICATION /DRAINAGE IMPROVEMENTS: Authorize staff to submit a
grant application to the Department of Environmental Protection (DEP) in the amount
of $278,000.00 for a 50/50 matching grant for the Seasage Drive, Melaleuca Road, and
Oleander Lane Drainage Improvements Project.
1. SERVICE AUTHORIZATION NO. 1O.2/CH2M HILL, INC.: Approve Service
Authorization No. 10.2 to CH2M Hill, Inc. in the amount of $12,913.00 for design of
parking off the alley for N.W. 5th Avenue. Funding is available from 334-3162-541-
65.83 (General Construction Fund/N.W./S.W. 5th Avenue). The Community
Redevelopment Agency (CRA) will fund the design fees.
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J. SERVICE AUTHORIZATION NO. 3/HAZEN & SAWYER, INC.: Approve
Service Authorization No.3 to Hazen & Sawyer, Inc. in the amount of $26,610.00 for
preparation of the variance application for the four log virus removal requirement.
Funding is available from 442-5178-536-64.45 (Water Sewer Renewal and Replacement
Fund/Gas Chlorine Conversion).
K. CHANGE ORDER NO.2 (CONTRACT ADDITION)/ROSSO PAVING &
DRAINAGE, INC.: Approve Change Order No.2 (Contract Addition) between the
City and Rosso Paving & Drainage, Inc. in the amount of $58,982.91 for utility
changes/modifications, installation of fiber optic conduit, and roadway restoration for
the N.E. 4th Avenue Project. Funding is available from 448-5461-538-65.81 (Storm
Water Utility Fund/N.E. 4th Avenue), 334-3162-541-65.81 (General Construction
Fund/N.E. 4th Avenue), and 442-5178-536-63.51 (Water/Sewer Renewal &
Replacement Fund/Sewer Mains).
L. SPECIAL EVENT REQUEST /19th ANNUAL TURKEY TROT: Approve a
special event request to allow the 19th Annual Turkey Trot to be held on Saturday,
November 19, 2005 from 6:00 a.m. until approximately 9:00 a.m., including temporary
use permit per LDR Section 2.4.6(H) for the closure and use of A-l-A from Casuarina
to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize
staff support for security and traffic control, barricade set-up/removal, trash removal
and clean up, use of small stage, and waiver of parking meter fees for Sandoway,
Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-l-A
from 8:00 a.m. until approximately 10:00 a.m.
M. RESOLUTION NO. 55-05: Approve Resolution No. 55-05 authorizing the issuance
of $10,000,000 of General Obligation Bonds and authorize the sale of such bonds to
SunTrust Bank.
N. RESOLUTION NO. 56-05: Approve Resolution No. 56-05 authorizing SunTrust
Bank as the provider of an $8,000,000 Line of Credit at a variable rate.
O. RESOLUTION NO. 52-05: Consider approval of Resolution No. 52-05 amending
Resolution No. 75-04 and Resolution No. 24-05, FY 2005 Budget Adoption, adding
$151,447.00 to the Golf Fund and Sanitation Fund.
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 1, 2005 through August 12, 2005.
Q. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Workplace Resources in the amount of $107,179.37 via the
Florida State Contract #425-001-01-1 and Broward County Contract Price
Agreement #F5FM2005 for the purchase of Herman Miller/Geiger furniture
for the Delray Beach Public Library. Funding is available from 380-3552-571-
64.10 (2004 G.O. Bond/Library/Office Furniture/Fixtures).
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2. Purchase award to J.c. White in the amount of $100,997.34 via the Florida State
Contract #425-001-01-1 for the purchase of Haworth furniture for the Delray
Beach Public Library. Funding is available from 380-3552-571-64.10 (2004
G.O. Bond/Library/Office Furniture/Fixtures).
3. Purchase award to Show Turf in the amount of $40,144.00 via Hernando
County School District Contract #03-515-03 for a John Deere 3235C
Lightweight Fairway Mower for the Lakeview Golf Course. Funding is available
from 445-4761-572-64.60 (Delray Beach Municipal Golf Course Fund/
Machinery and Equipment).
4. Purchase award to Contemporary Controls & Communications, Inc. in the
amount of $18,469.00 for the purchase of one (1) Scorpio Radio Remote
Irrigation Unit for Lake Ida Park and one (1) Irrinet Unit for the Catherine
Strong/Splash Park. Funding is available from 380-4150-572-63.26 (2004 G.O.
Bond Fund/Improvements Other/Lake Ida Park) and 380-4150-572-62-59
(2004 G.O. Bond Fund/Buildings/Catherine Strong Center).
5. Contract award to MEF Construction, Inc. in the amount of $782,957.10 for the
S.E./N.E. 1st Street One-Way Pair Conversion Project. The Community
Redevelopment Agency (CRA) will provide funding of $582,327.10. Funding is
available from 334-3162-541-65.88 (General Construction Fund/S.E./N.E. 1st
Street One-Way Pair), 448-5461-538-65.88 (Stormwater Utility Fund/S.E./N.E.
1st Street One-Way Pair), and 442-5178-536-65.88 (Water/Sewer Renewal and
Replacement Fund/S.E./N.E. 1st Street One-Way Pair).
9. REGULAR AGENDA:
A. WAIVER REQUEST /WEST 5TH CONDOS RESIDENTIAL
DEVELOPMENT: Consider a waiver request to waive Land Development
Regulations (LDR) Section 4.6.9(D) (3) (c) (2), "Stacking Distance", to reduce the 100' of
clear stacking distance required from the right-of-way line to the electronically
controlled gate panel to 64' for the West 5th Condos Residential Development, pursuant
to LDR Section 2.4.7 (B) (5), "Findings". (Quasi-Judicial Hearing) (Motion to approve
staff recommended action; Approved, 5-0)
B. WAIVER REQUEST /MAROONE NISSAN: Consider a waiver request to allow a
two (2) temporary sales/office trailers for Maroone Nissan, located at 2200 South
Federal Highway. (Quasi-Judicial Hearing) (Approved, 5-0)
C. WAIVER REQUEST /BLOCK 69: Consider a waiver request to allow the reduction
of open space from 8.3% to 6.9% associated with the Block 69 Parking Garage,
pursuant to LDR Section 2.4.5(F), "Site and Development and Master Development
Plans (MDP)". (Quasi-Judicial Hearing) (Approved, 5-0)
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D. BID AWARD/PREMIER BUS OPERATING COMPANY: Consider approval of
a bid award to second lowest bidder, Premier Bus Operating Company, in the estimated
annual amount of $68,640.00 for bus rental and driver services for the Parks and
Recreation Department. Funding is available from 001-4127-572-55.30 (General
Fund/Youth Football), 115-4912-572-55.30 Special Projects Fund/Youth Football),
001-4105-572-44.90 (General Fund/Out of School Program/Lease Costs), 001-4121-
572-44.90 (General Fund/Athletics & Special Events/Lease Costs), 001-4127-572-44.90
(General Fund/Pompey Park/Lease Cost), and 001-4119-572-44.90 (General Fund/
Teen Center/Lease Cost). (Approved, 5-0)
E. SPECIAL EVENT REQUEST/LUPUS WALK-A-THON: Consider approval of
a special event request to allow the 1 st Annual Strides for Lupus sponsored by the Lupus
Foundation of America South East Chapter to be held on Saturday, January 14, 2006
from 8:00 a.m. until 1:00 p.m. with site set up to begin at 7:00 a.m., including granting a
temporary use permit per LDR Section 2.4.6(H) for the closure and use of Anchor Park
as a staging area and the use of sidewalks along the east side of A-l-A from Anchor
Park to the north end of the beach; and authorize staff support for security and traffic
control, barricade set-up/removal, EMS assistance, use/setup of small stage; waiver of
parking fees in Anchor Park; with event signage to be installed no earlier than ten (10)
days prior to the event and banners only be allowed on the stage and in Anchor Park;
contingent on sponsor providing a hold harmless agreement, a certificate of event
liability insurance no later than two (2) weeks before the event. (Motion to approve as
submitted; Approved, 5-0)
F. SPECIAL EVENT REQUEST /FILM FESTIVAL: Consider approval of a special
event request to endorse the 1st Annual Delray Beach Film Festival sponsored by
Michael C. Posner to be held March 8-11, 2006 at Old School Square in the theater and
pavilion area; including funding of Old School Square rental fees, technician fees, and
historic preservation fees. (Motion to TABLE; Approved, 5-0)
G. SPECIAL EVENT REQUEST /FREEDOM RIDE: Consider approval of a
special event request to endorse the "Freedom Ride 2005" sponsored by WIRK Radio
Station to be held on Saturday, October 8, 2005 from 4:00 p.m. until 11:00 p.m.,
including granting a temporary use permit per LDR Section 2.4.6(H) for the closure and
use ofN.E. 1st Avenue from Atlantic Avenue to the grounds of Old School Square; and
authorize staff support for security and traffic control, barricade set-up/removal, EMS
assistance, event signage; contingent on sponsor providing a hold harmless agreement, a
certificate of liability insurance, certificate of liquor liability insurance, and a copy of an
agreement with the CRA for use of their parking lot no later than ten (10) days prior to
the event; no bike parking allowed on the sidewalks on Atlantic Avenue. (Motion to
approve staff recommendation; DENIED, 5-0)
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H. AMENDMENT /CONSENT TO ASSIGNMENT /COMMUNITY
REDEVELOPMENT AGENCY (CRA)/]EG ASSOCIATES, INC./SMART,
INC.: Consider approval of an amendment to the Interlocal Agreement with the
Community Redevelopment Agency (CRA) and JEG Associates, Inc. and consent to
assignment to Smart, Inc. for consulting services associated with the Southwest
Neighborhood Plan. (Approved, 4-0; Mayor Perlman filed Conflict of Interest, passed the
gavel to Vice-Mayor Levinson, and left dais)
1. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA)/GATEWAY FEATURE GRANT MATCH: Consider approval
of an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the
funding of up to $150,000.00 for the 50/50 matching Florida Department of
Transportation (FDOT) Grant for landscaping along West Atlantic Avenue. (Approved,
4-0; Mayor Perlman ftied Conflict of Interest)
1. RESOLUTION NO. 58-05: Consider approval of Resolution No. 58-05
authorizing the City Manager to execute documents for the Florida Department
of Transportation (FDOT) Highway Beautification Council Grant Application.
(Approved, 4-0; Mayor Perlman filed Conflict of Interest)
J. PROPOSAL FOR SETTLEMENT IN WILLIAMS v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $12,499.99 in Williams
v. City of Delray Beach. Staff recommendation is acceptance. (Motion to approve
settlement per staff recommendation; Approved, 5-0; Mayor Perlman returned to dais)
K. APPOINTMENTS TO THE BOARD OF AD]USTMENT: Appoint two (2)
regular members to the Board of Adjustment and two (2) alternate members for two (2)
year terms ending August 31, 2007. Based upon the rotation system, the appointments
will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5),
(Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2). (Appointed Lisa
Shaheen and approved, 5-0; appointed Bryce Newell and approved, 5-0; appointed Sigurdur
Hardester and approved, 5-0; and appointed William Branning and approved, 5-0)
L. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
three (3) regular members to the Historic Preservation Board for two (2) year terms
ending August 31, 2007. Based upon the rotation system, the appointments will be
made by Commissioner Ellis (Seat #1), Commissioner Archer (Seat #2), and
Commissioner Levinson (Seat #3). (Appointed John Miller and approved, 5-0; appointed
JoAnn Peart and approved, 4-1; Commissioner Levinson dissenting; and appointed Randee
Schatz and approved, 4-1; Commissioner Archer dissenting)
M. APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
three (3) regular members to the Planning and Zoning Board for two (2) year terms
ending August 31, 2007. Based upon the rotation system, the appointments will be
made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and
Commissioner McCarthy (Seat #4). (Appointed Nelson McDuffie and approved, 5-0;
Commissioner Archer and Commissioner McCarthy deferred their appointments until
September 6, 2005)
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N. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board for a one (1) year term ending
August 2, 2006 and appoint one (1) regular member for a two (2) year term ending
August 2, 2007. Based upon the rotation system, the appointments will be made by
Commissioner Ellis (Seat #1). (Appointed Mary Smith and approved, 5-0; appointed Roger
Hurlburt and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 53-05: Rezoning from CBD (Central Business District) to CF
(Community Facilities) for a 0.78 acre parcel ofland for Delray Community Missionary
Baptist Church, located on the north and south sides of S.W. 1st Street, west of S.W. 5th
Avenue. (Quasi-Judicial Hearing) (Approved, 5-0)
B. ORDINANCE NO. 62-05 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR)
Section 4.4.6(D)(11), "Medium Density Residential (RM) District; Conditional Uses and
Structures Allowed", to expand the geographical location where private beach clubs are
allowed within the RM Zoning District. (Approved, 5-0)
C. ORDINANCE NO. 61-05 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations
(LDR), Section 4.4.19(D) (2), "Mixed Industrial and Commercial (MIC) District;
Conditional Uses and Structures Allowed", to add the storage and rental of heavy
construction equipment not over 100' long, 14' wide, and 15' high as a Conditional Use
in the MIC (Mixed Industrial and Commercial) zoning district. (Approved, 5-0)
D. ORDINANCE NO. 57-05 (FIRST READING/FIRST PUBLIC HEARING):
Rezoning from PC (planned Commercial) in part, and PRD (planned Residential
Development) in part, to OSR (Open Space and Recreation) for an 11.15 acre parcel of
land for Bexley Park, located between Barwick Road and Military Trail north of the L-
31 Canal. If passed, a second public hearing will be scheduled for September 6, 2005.
(Approved, 5-0)
E. ORDINANCE NO. 49-05: City initiated amendment to Land Development
Regulations (LDR), Section 2.4.3(K) (1), "Development Applications", to provide for an
increase in the Development Application Fees. (Approved, 5-0)
F. ORDINANCE NO. 64-05: An ordinance amending Chapter 95, "Emergency
Management", by enacting Section 95.16, "Portable Generators", to provide for the
regulation of portable generators. (Approved, 5-0)
11. 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.
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12. FIRST READINGS:
A. ORDINANCE NO. 58-05: Voluntary annexation via water service agreement for a
4.72 acre parcel of land which contains Watkins Motor Lines Truck Terminal, located
on the west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. If
passed, a public hearing will be scheduled for September 6, 2005. (Approved, 5-0)
B. ORDINANCE NO. 63-05: Voluntary annexation via water service agreement for a
0.96 acre parcel of land which contains Valero Gas Station, located on the west side of
Military Trail, approximately 1,400 feet south of Lake Ida Road. If passed, a public
hearing will be scheduled for September 6, 2005. (Approved, 5-0)
C. ORDINANCE NO. 66-05: Voluntary annexation via water service agreement for a
3.45 acre parcel of land which contains the Public Self Storage facility, located on the
west side of Military Trail, approximately 1,400 feet south of Lake Ida Road. If passed,
a public hearing will be scheduled for September 6, 2005. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST 12, 2005
****** Meeting adjourned at 7:59p.m. ******
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