03-20-01 ResultsCity of Delray Beach
Regular Commission Meeting
*****Agenda Results ******
Tuesday, March 20, 2001
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 (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.
5.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
· Regular Meeting of February 20, 2001(~tjSjSr0ved 5-0)
· Special Meeting of March 12, 2001 (~4pproved 4-0)
PROCLAMATIONS:
A. Recognizing and commending County Commissioner Mary McCarty
B. Recognizing April 15~h - April 22, 2001, as Days o£Remembrance
C. Recognizing May 2ffh - May 26, 2001 as National Public Works Week
PRESENTATIONS:
AA. Good Job Done Award to Bill Schwartz
A. Annual Financial Report - Ernst & Young
B. Sister Cities Committee and the Delray Art League - Sister Cities International "Young
Artist Exhibit 2001" - "Im/)mssions of The Fm#s of ~Vor/d Peace"
CONSENT AGENDA: ~tpproved 5-0, as amended (I/em 8~ moved/o 9~4~t; 72B removed)
A. WATERWAY VILLAGE DEVELOPER'S AGREEMENT: Approval of the
agreement between the City and the developer of Waterway Village. This development
is proposed to be located south of Lindell Boulevard and between Dixie Highway and
Federal Highway.
B. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement deed
granting to the City the means to install and maintain a water main along the east side of
a vacant lot on Douglas Avenue.
C. ACCEPTANCE OF EASEMENT DEED: Approve and accept an easement deed
which allows an electrical connection for lighting to the parking lot located at the corner
of NE 3~a Avenue and NE 1Zh Street.
D. PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENTS AND
EASEMENTS: Approve the standard agreement and easement deed to allow brick
paver sidewalk construction and future maintenance in Pineapple Grove.
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03-20-01
E. PINEAPPLE GROVE BRICK PAVER SIDEWALK AGREEMENT/MYERS:
Approval of a Brick Paver Sidewalk Construction Agreement with owners Warren J.
Myers & Patricia A. Healy-Golembe for property located at 181 N.E. 2'~ Avenue.
(~tj~j~roved 4-O)
AGREEMENT FOR SIDEWALK IMPROVEMENTS/DALE E. POPIK:
Approve an agreement between the City and Dale E. Popik to allow the deferral of
sidewalk improvements within the Cypress Drive right-of-way immediately abutting 964
Cypress Drive, Tropic Isle until such time as the City requests the sidewalk to be
constructed.
AGREEMENT FOR SIDEWALK IMPROVEMENTS/GERSON BAITEL:
Approve an agreement between the City and Gerson Baitel to allow the deferral of
sidewalk improvements within the SE ffh Street right-of-way immediately abutting 714
SE ffh Street, Rio Del Ray Shores Subdivision until such time as the City requests the
sidewalk to be constructed.
MODIFICATIONS TO DEP CONTRACT FOR FUNDING RELATING TO
THE YEAR 2001 BEACH NOURISHMENT PROJECT: Approve the
modifications to Florida DeparUnent of Environmental Protection (DEP) contract
#99PB2 for the state's cost sharing of the upcoming Beach Nourishment Project.
RESOLUTION NO. 25-01: Approve Resolution No. 25-01 requesting the United
States Army Corps of Engineers to implement an emergency deviation from the Water
Conservation Area #1 (WCA #1) regulation schedule to 11.00 feet NGVD during the
South Florida Water Management District declared water shortage.
RESOLUTION NO. 26-01: Approve Resolution No. 26-01 opposing all Legislative
Initiative which would eliminate or diminish authority of Local Governments to
amortize billboards along "any" highway system.
RESOLUTION NO. 28-01: Approval of a resolution authorizing the City to transfer
real property located at 214 SW 5m Avenue to allow the transfer of one lot to Habitat
for Humanity of South Palm Beach County.
AMENDMENT #1 TO THE CONTRACT WITH OMNICOM, INC.: Approval
of Amendment #1 to the Omnicom contract for an amount not to exceed ~g20,877.50,
for additional consulting fees associated with the final testing and implementation of the
new 800 MHZ radio system.
SERVICE AUTHORIZATION #3/CH2M HILL, INC.: Approve Service
Authorization #3 with CH2M Hill, Inc., in the amount of ~g39,151.00 for consulting
engineering services in conjunction with updating the City's Water Supply Master Plan.
Funding is available in 441-5111-536-31.90 (Water/Sewer-Other Professional Services).
CONTRACT AWARD & CHANGE ORDER #1/MAN-CON, INC.: Approve
the Contract Award in the amount of :5730,337.00 and Change Order #1 in the amount
of :5184,047.50 for a total of :5914,384.50 to Man-Con, Inc. for the Barrier Island
03-20-01
Infrastructure Improvements. Funding is available in the amount of $346,315.00 from
370-3162-541-65.42 (Barrier Island); $13,785.00 from 441-5161-536-65.42 (Barrier
Island); $63,213.00 from 442-5178-536-65.16 (Water/Sewer Island Drive); $117,000.00
from 442-5178-536-65.52 (Island Drive/Harbor Drive); $171,115.00 from 442-5178-
536-65.42 (Island Drive/Harbor Drive); $34,963.00 from 448-5461-538-6338 (Island
Drive Drainage); $167,993.50 from 448-5470-538-65.42 (Barrier Island).
STREET CLOSURE REQUEST: Approve a request to grant temporary use permit
per LDR's Section 2.4.6 (H) for the closure of SE 4~h Avenue from Atlantic Avenue to
SE 1st Street on March 23~d from 3:30 p.m. until 8:30 p.m. for a Vintage Car Show being
sponsored by the Delray Beach Public Library.
SPECIAL EVENT/EASTER SUNRISE SERVICE: Approve a request to grant
temporary use permit for the closure of South Ocean Boulevard from Atlantic Avenue
to Miramar on April 15~h from 5:30 a.m. until 7:30 a.m., for the use of the pavilion, staff
support, barricading, and EMS assistance on behalf of the Delray Beach Clergy
Association.
AGREEMENT FOR TRAFFIC AND PARKING ENGINEERING SERVICES:
Approve an agreement in the amount of $25,652.00 to Lawson, Noble & Webb, Inc.
for traffic and parking engineering services associated with the Downtown Business
District Plan.
AGREEMENT FOR MARKET ANALYSIS CONSULTANT SERVICES:
Approve an agreement in the amount of $20,000.00 to Marketek, Inc., for market
analysis consultant services associated with the Downtown Business District Plan.
FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE
PROGRAM: Approve a funding subsidy in the amount of $17,000.00 for one (1)
income eligible applicant under the Delray Beach Renaissance Program, with funding
from 118-1924-554-83.01 (SHIP Program), representing the 12ffh homeownership
assistance grant provided through the program to-date.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 5~h through March 16, 2001.
AWARD OF BIDS AND CONTRACTS:
Bid award for vehicle replacement from State Contract, as specified in
Attachment "C", and from a local bid as specified in Attachment "D'. Funding
is available from 501-3312-591-64.20 (Central Garage/Automotive) in the total
amount of $64,790.00.
Bid award to Rust Off, Inc. in the amount of $25,600.00 for anti-rust chemicals
for the city irrigation system. Funding is available from 119-4144-572-52.21
(Beautification Fund/Chemicals).
Bid contract renewal for the purchase of calcium hypochlorite from Leslie's
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03-20-01
Swimming Pool Supplies and purchase of liquid chlorine from Jones Chemical
via the City of Boca Raton Coop Bid #2000-046 at an estimated annual cost of
$73,815.00. Funding is available from 441-5122-536-52.21 (Water/Sewer
Fund/Chemicals) for $69,090.00 and from 441-5144-536-52.21
(Water/Sewer/Chemicals) for $4,725.00.
Bid award for a new vehicle from State Contract, to Regency Dodge in the
amount of $24,186.00 for a Dodge heavy-duty 3/4 ton pick up truck. Funding is
available from 001-2315-526-64.20 (Fire Deparn~nent/Automotive).
REGULAR AGENDA:
ATLANTIC GROVE DEVELOPMENT/LOCAL INITATIVES SUPPORT
CORPORATON (LISC): Consider approval of the request from the Developer and
its non-profit partners to participation in the Department of Housing & Urban
Development's Section 108 Loan Guarantee Program. (~tjbjbroved 3-2)
WOMAN'S CLUB AMENDED AND RESTATED LEASE: Consider approval of
the Woman's Club amended and restated lease for the joint use of the building as a
Woman's Club, a youth center, community meeting place and public park.
(~tpproved S-O)
AGREEMENT WITH JOINT VENTURE/FOURTH OF JULY
FIREWORKS: Consider approval of an agreement between the City and the Joint
Venture for the Fourth of July Fireworks display for the term 2001 through 2005.
(~4pproved S-O)
SPECIAL EVENT/ART & JAZZ ON THE AVENUE: Consider a request for
special event approval for Art & Jazz scheduled for May 10, 2001, including temporary
use permit and street closure, staff support, use of City equipment, and specified
overtime costs.
(~4pproved S-O)
SPECIAL EVENT/HOT AIR BALLOON GLOW AND BALLOON RACE:
Consider approval of a Hot Air Balloon Glow to be held on June 1st on Atlantic
Avenue, and Hot Air Balloon Race to be held on June 2'~ & 3~ at Lake Ida Park.
(~tpproved S-O)
REMOVED
RESOLUTION FOR ASSISTANCE FROM F.IN.D. ON NE 4TM STREET:
Consider approval of a resolution which would allow the City to seek reimbursement
from the Florida Inland Navigational District for the construction of a pocket park at
the end of NE 4m Street where it abuts the Intracoastal Waterway.
(~tp~roved S-O)
RESOLUTION NO. 20-01: Consider approval of a resolution authorizing the City to
purchase property located south of SW Th Street and between SW 5~h Avenue and SW
Th Avenue for the purpose of drainage retention.
(~4pproved S-O)
03-20-01
RESOLUTION NO. 27-01: Consider approval of a resolution authorizing submittal
of an application with the State of Florida for a Library Contract Grant and Agreement
between the City and the Delray Beach Library Association, Inc.
(~tpproved S-O)
DELRAY BEACH POLICE BENEVOLENCE ASSOCIATION
(PBA)/SUBLEASE: Consider approval of a request from the PBA to sublease a small
portion of the premises located in Boynton Beach for the erection of a cellular tower.
(~tp~roved S-O)
RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the Chamber of Commerce representative appointment
to the Parking Management Advisory Board to fill an unexpired term ending August 1,
2002. (~tj~j~roved S-O)
APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) member to
the Education Board to fill an unexpired term ending July 31, 2002. The appointment
will be made by Commissioner Archer (Seat #2).
(~t~proved S-O)
APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
10.
11.
12.
BOARD: Appoint one (1) member to the Site Plan Review and Appearance Board to
fill an unexpired term ending August 31, 2001. The appointment will be made by Mayor
Schmidt (Seat #5).
(~t~roved S-O)
PUBLIC HEARINGS:
ORDINANCE NO. 19-01: An ordinance amending the Future Land Use Map from
County MR-5 (Medium Density Residential 5 du/ac) to City ED (Low Density
Residential 0-5 du/ac) and associated annexation with initial zoning of R-I-AAA for the
Priest Property, located at the northwest corner of Barwick Road and L-31 Canal. This
is a quasi-judicial hearing.
(~t~roved S-O)
ORDINANCE NO. 18-01: A City initiated ordinance correcting Future Land Use
Map from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial)
and associated rezoning from RM (Medium Density Residential) to GC (General
Commercial) for a parcel of land located on the west side of NE 7h Avenue
approximately 120 feet north of George Bush Boulevard. This is a quasi-judicial
hearing.
(~tpproved S-O)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
FROM THE
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
03-20-01
ORDINANCE NO. 20-01: An ordinance creating Section 97.10 "Citrus Canker
Control Procedures" thereby adopting a method to be adhered to by Lawn Maintenance
Operations within the City of Delray Beach in order to help control the spread of Citrus
Canker. If passed, a public hearing will be scheduled for April 3, 2001. (l)e~/ed 5-0)
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, and also the use of City electricity and other utilities while docking.
If passed, a public hearing will be scheduled for April 3, 2001.
(Removed)
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
*** Meeting adjourned at 8:30 p.m.***
03-20-01