Loading...
05-07-02 ResultsCity of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, May 7, 2002 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. Bo 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. Co 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 (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 removal of item 8.Q., Special Event/Haitian Flag Day Celebration, from the agenda due to staff request; Kfds Day America/International proclamation moved from the agenda due to a request from the applicant; Item 8.T, Ramblin Rose License Agreement, moved to regular agenda as item 9.I; Item 9.K, Purchase of Breezy Ridge Properties, amended to twenty-seven (27) properties; the addition of Delray Affair presentation; City Attorney noted Item 12.A, Ordinance No. 13-02, has versions 13-02(A) and 13-02(t3); approved as amended, 5-0) APPROVAL OF MINUTES: April 2, 2002 - Regular Meeting (Approved, 5-0) April 8, 2002 - Special Meeting (Approved, 4-0; Commissioner Archer absent during vote) April 16, 2002 - Regular Meeting (Approved, 5-0) PROCLAMATIONS: National Preservation Week - May 12 - May 18, 2002 Kfids Day America/International- May 18, 2002 National Safe Boating Week - May 18 - May 25, 2002 National Public Works Week - May 19 - May 25, 2002 PRESENTATIONS: Awards Presentation - Historic Preservation Week Poster Contest National Recreation and Parks Association Aquatics Award Speeding on Lindell Boulevard CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treaunent and Disposal Board at their Quarter Annual Meeting of April 18, 2002. DISTRIBUTION OF FY 2003 DRUG CONTROL & SYSTEM IMPROVEMENT FUNDS: Approve the distribution of FY 2003 Drug Control & System Improvement (DCSI) funds (aka Byme funds) in the amount of $730,760 as recommended by the Criminal Justice Commission, and authorize the Mayor to send a letter agreeing to the allocation of these funds. AWARD OF CONTRACT/CIGNA: Approve the City's Group Long-Term Disability Plan with CIGNA effective May 1, 2002 for a period of two (2) years. -2- 05-07-2002 ADVANCED PUBLIC SAFETY, INC. AGREEMENT: Approve an agreement between the City of Delray Beach and Advanced Public Safety, Inc. for the research, development of technology and equipment, and implementation of the Advanced Public Safety (APS) Software for the Delray Beach Police Department. CITY OF DELRAY BEACH/CRA/SANDERSON AGREEMENT: Approve an agreement between the City of Delray Beach, Community Redevelopment Agency, and David Sanderson in the total amount of $23,830.00 for the splitting of the cost of installing drainage and brick pavers in the alley on the south side of Atlantic Avenue and iust east of Northbound U.S. 1. AMENDMENT NO. 5/MATCHPOINT, INC. AGREEMENT: Approve Amendment No. 5 to the agreement between the City of Delray Beach and MatchPoint, Inc. which provides that Matchpoint no longer has the right to sell naming rights for the Tennis Center. LOCAL DOMESTIC PREPAREDNESS EQUIPMENT PROGRAM AGREEMENT: Approve an agreement between the City of Delray Beach, City of Boca Raton, and the Division of Emergency Management to accept $165,000 worth of monitoring devices and other equipment used to respond to hazardous material incidents and other acts related to terrorist activities. RESOLUTION NO. 40-02: Approve a resolution requesting funds from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of one (1) Electronic Capnography Device, one (1) 12-Lead Monitor Defibrillator, and one (1) Automatic Transport Ventilator. CONTRACT ADDITION/RPM GENERAL CONTRACTORS, INC.: Approve a Contract Addition (C.O. #1) to the ESD/Police DeparUnent Interior Modifications Project in the amount of $32,060.00 to RPM General Contractors, Inc. for the restoration of the cupolas at Fire Headquarters. Funding is available from 334- 6112-519-46.10 (Repair and Maintenance/Building Maintenance). MODIFICATION TO PARKING LICENSE AGREEMENTS: Approve the modification to Parking License Agreements regarding enforcement provisions and non-restricted use of queuing areas by licensees. ACCEPTANCE OF EASTMENT DEED/H & S DEVELOPMENT: Approve and accept an easement deed granting to the City the means to maintain a sanitary sewer main that will be constructed by the developer of a warehouse building located on the south side of S.W. lffh Street just east of 1-95. BID AWARD/SOUTHEASTERN PUMP CORPORATION: Approve a contract award to second/owes/bidder; Southeastern Pump Corporation at an estimated annual cost of $65,270.00 for submersible wastewater pumps. Funding is available from 441-5144- 536-46.20 (Water/Sewer Fund/Equipment Maintenance). 05-07-2002 FINAL SUBDIVISION PLAT APPROVAL/TOWN PLACE AT DELRAY: Approve the subdivision plat for Town Place at Delray, located at the southwest intersection of N.E. 6m Avenue and N.E. 2'~ Street. FINAL SUBDIVISION PLAT APPROVAL/BORTON MOTORS PLAT 2: Approve the boundary plat for Borton Motors, located on the east side of North Federal Highway north of the Borton Volvo Property. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund subsidies for five (5) eligible applicants/families in the amount of $18,226.00 for 315 NW 12m Avenue, $20,250.00 for 131 NW 11m Avenue, $20,250.00 for SW 8m Avenue, $22,500.00 for SW 6m Avenue, and $22,500.00 for SW 6m Avenue. This brings the number to 142 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve Housing Rehabilitation grant,contract awards through Community Development Division in the amounts of $22,470.00 to Craftsman Plus, Inc. (310 NW 7h Avenue), $15,718.50 to Henry L. Haywood (1302 Prospect Street), $17,325.00 to South Florida Construction (618 SW 5~h Avenue), $20,616.75 to Alpha South Construction (328 NW 11~h Avenue), $14,568.75 to Preston Construction (108 SW 8~h Street). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). SPECIAL EVENT/3ra ANNUAL HAITIAN FLAG DAY CELEBRATION: Approve a request for special event approval for the 3~ Annual Haitian Flag Day Celebration to be held on Sunday, May 19, 2002, including temporary use permit per LDR Section 2.4.6(H) for use of Merritt Park, use and set up of City stage, staff support for security, trash removal, and consideration of waiving overtime costs. RESOLUTION NO. 41-02: Approve Resolution No. 41-02 authorizing the Community Redevelopment Agency (CRA) to acquire BiLo Market and Laundry by gift, purchase, or eminent domain. PINEAPPLE GROVE MAIN STREET, INC. AGREEMENT: Approve an agreement between the City of Delray Beach and Pineapple Grove Main Street, Inc. in the amount of $45,000.00 for the reimbursement of expenses for certain streetscape elements. ITEM MOVED TO REGULAR AGENDA AS ITEM 9I GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $130,328.00 for the City's out of school program, day camps and summer camp programs. SHERWOOD FOREST HOMEOWNERS ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Sherwood Forest Homeowners Association for policing on its property. -4- 05-07-2002 W. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $16,775.00 to allow the applicant to secure new financing. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 15, 2002 through May 3, 2002. Y. AWARD OF BIDS AND CONTRACTS: Purchase award to Turner Outdoor Equipment in the total amount of $22,623.44 via the Orange County School Board Bid #99-04-08 for one (1) John Deere Tractor/Front End Loader for the Delray Beach Golf Course. Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course Fund/Other Machinery/Equipment). Purchase award to Hector Turf in the amount of $17,499.39 via General Services Administration (GSA) contract #GS-07F-8722D (18HO) for one (1) Greensmaster 3100 (18HP) tractor. Funding is available from 446-4761-572- 64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment). Service award to Pressure Cleaning Services, Inc. (sole service provider) in the total amount of $16,800.00 for the cleaning (descaling) of Clarifier #1 at the Water Treatment Plant. Funding is available from 441-5122-536-34.90 (Water Treatment & Storage/Other Contractual Services). Purchase award to Municipal Code Corporation in the amount of $14,000.00 for the reprint and codification of the City Code of Ordinances to include thirty- seven (37) new books and a computer software program. Funding is available from 001-1411-512-47.90 (Other Printing Costs). REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/SHERWOOD PONTIAC DEALERSHIP: Consider an appeal of a decision of the Site Plan Review and Appearance Board's action regarding Sherwood Pontiac Dealership, located on the west side of Federal Highway, south of Linton Boulevard. Quasi-Judicial Hearing (Motion to DENY; Approved, 5-0) APPEAL OF BUILDING OFFICIAL DECISION/CORAL TRACE: Consider an appeal of a decision of the Chief Building Official's action regarding the 6 month extension of an on-site construction trailer in the Coral Trace Subdivision. Quasi- Judicial Hearing (Motion to ALLOW on-site construction trailer for sixty (60) days after final C.©. provided not more than ninety (90) days after May 7, 2002; Approved, 5-0) CONDITIONAL USE REQUEST/PINEAPPLE GROVE VILLAGE: Consider a conditional use request to allow a density in excess of thirty (30) dwelling units per acre (39.2 units per acre) for the proposed 160 unit Pineapple Grove Village Apartment Complex, located on the east and west sides of N.E. 3~d Avenue, between N.E. 3~d Street and N.E. 2~d Street and extends approximately 154 feet south of N.E. 2~d Street. 05-07-2002 10. Do Go Ho Jo Quasi-Judicial Hearing (Approved with staff recommendations and conditions, 5-0) REQUEST FOR IN-LIEU PARKING SPACES/SAN SEBASTIAN: Consider a request by San Sebastian for the purchase of six (6) in-lieu parking spaces and the construction of fifteen (15) on-street parking spaces in adjacent rights-of-way. San Sebastian, a proposed thirty-two (32) unit townhouse development, is located at the southeast and southwest corner of N.E. 5th Avenue and N.E. 3rd Street. (Approved, 5-0) REQUEST FOR SIDEWALK DEFERRAL/1021 LEWIS COVE ROAD: Consider a request from Cheryl Coletti to defer the installation of a sidewalk in front of 1021 Lewis Cove Road (Delray Beach Shores Subdivision). Staff recommends approval. (Approved, 4-0; Commissioner Perlman left dais) SPECIAL EVENT REQUEST/4th ANNUAL GARLIC FESTIVAL: Consider a request for special event approval for the 4~h Annual Garlic Festival to be held November 1-3, 2002, including temporary use permit for use of City rights-of-way, sign code waiver to allow signs more than one week prior to the event, staff assistance as requested, and consideration of waiver of up to 50% of staff overtime. (Approved with staff recommendations, 5-0) JOINT VENTURE REQUEST/EXTEND CLOSING TIME OF SANDOWAY PARKING LOT: Consider a request from Joint Venture to extend the closing time of the Sandoway Parking Lot on May 17, 2002 until 11:00 p.m. to accommodate the Hot Air Balloon Glow. (Approved, 5-0) RESOLUTION NO. 38-02: Consider approval of Resolution No. 38-02 authorizing the City to purchase property for stormwater retention located east of Congress Avenue and on the north side of Dr. Carol Kroll Way; and Contract for Sale and Purchase between the City and Reddy Ice Corporation in the amount of $661,400.00. (Approved, 5-0) RAMBLIN ROSE LICENSE AGREEMENT: Consider a request to Dane Mark's Ramblin' Riverboat, Inc. license agreement for a reduced summer schedule of three (3) days per week with a ~g600.00 monthly payment. (Direction to City Manager not to modify the agreement and to completely review contract requirements) RESOLUTION NO. 37-02 (MID-YEAR BUDGET ADJUSTMENT): Consider approval of a resolution making mid-year adjustments to the adopted budget for FY 2002. (Approved, 5-0) Ko PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of contracts for the purchase of twenty-seven (27) Breezy Ridge properties. (Approved, 5-0) PUBLIC HEARINGS: A. NONE 05-07-2002 11. 12. 13. 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. 13-02: An ordinance amending the historic designation adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House" historic site located on the east and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean Boulevard). If passed, a quasi-judicial hearing will be held on May 21, 2002. (Approved Ordinance No. 13-02(A), 5-0; Ordinance No. 13-02(t3), DENIED 3-2; Mayor Schmidt, Commissioner Levinson, and Commissioner Archer dissenting) ORDINANCE NO. 14-02: An ordinance amending Chapter 71 of the City Code of Ordinances by enacting Section 71.092 "Immobilization of vehicles by the City to collect outstanding parking fines". If passed, a public hearing will be held on May 21, 2002. (Approved, 5-0) COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission Meeting adfousned at 9:lOp.re. ****** 05-07-2002