10-02-01 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, October 2, 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.
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.
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. (Commissioner Perlman moved Item $.E From the Consent
Agenda to the Reg, uIar Agenda as Item 9.A.A. Approved as amended, 5-0)
APPROVAL OF MINUTES:
· September 19, 2001 (ApprovedS-O)
PROCLAMATIONS:
Recognizing and commending the Ocean Rescue Lifeguard Competition Team on
their achievements at the 2001 United States Lifesaving Association National
Championships.
Recognizing and commending the Ocean Rescue Junior Lifeguard Competition
Team on their achievements at the 2001 United States Lifesaving Association Junior
Lifeguard National Championships.
C. Proclaiming October 2001 as "UNITED WE STAND MONTH"
PRESENTATIONS: None
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
FINAL PLAT/CARLSON-BLACK: Approve the final plat for Carlson Black, a two
lot subdivision with an office building proposed on Lot 1 and a hotel proposed on Lot
2. The property is located on the south side of West Atlantic Avenue east of Whatley
Road.
FINAL PLAT/PARKSIDE TOWNHOMES OF DELRAY: Approve the final plat
for Parkside Townhomes of Delray, the project consists of 165 garden apartments and
is located north of West Atlantic Avenue and west of Coral Trace Boulevard.
C. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF
DELRAY BEACH AND THE DELRAY BEACH PUBLIC LIBRARY
ASSOCIATION, INC.: Approve Amendment No. 1 to the agreement between the
City of Delray Beach and Delray Beach Public Library Association, Inc. delineating the
Association shall be solely responsible for the design and construction of the new
library and selection of design professionals and contractors.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions
approved by the South Central Regional Wastewater Trealxnent and Disposal Board at
the Quarterly Annual Meeting of September 19, 2001.
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E. THIS ITEM MOVED TO REGULAR AGENDA ITEM NO. 9.A.A.
F. MUNICIPAL TAX CONSULTING AND MANAGEMENT AGREEMENT:
Approve an agreement with Municipal Tax Consulting and Management to recover
sales taxes that m~ have been paid to vendors. This is a contingency fee contract from a
"sole source" vendor with a cost of 33.33% of total funds recovered. If no funds are
recovered, than there is no charge for services.
LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH,
BUCKEY DENT BASEBALL SCHOOL, INC., AND TOUSSAINT
L'OUVENTURE HIGH SCHOOL FOR ART AND SOCIAL JUSTICE:
Approve the license agreement between the City, the Buckey Dent Baseball School,
Inc., and Toussaint L'Ouventure High School for Art and Social Justice for temporary
use of the baseball school's facilities from October 1, 2001 through December 31, 2001.
CONTRACT ADDITION/ROSSO PAVING & DRAINAGE: Approve contract
addition to contract for Rosso Paving & Drainage in the total amount of $56,186.70 for
the construction of a parking lot on Gleason Street across from the First Presbyterian
Church ($30,501.00) and at the Environmental Services complex ($25,685.70). Funding
is available from 115-000-248-01.00 (Parking in lieu of fee) for $30,501.00 and 442-
5178-536-63.90 (Other Improvements) for $25,685.70.
SERVICE AUTHORIZATION #5/CH2M HILL (ANION EXCHANGE
TREATMENT): Approve Service Authorization #5 with CH2M Hill in the amount
of $107,127.00 for professional engineering services for pilot testing and preliminary
design of the Anion Exchange TreaUnent System at the Water Treatment Plant.
Funding is available from 442-5178-536-63.87 (Anion Exchange Project).
CONTRACT AWARD/EIMCO PROCESS EQUIPMENT COMPANY:
Approve a contract award to Eimco Process Equipment Company (sole source
provider) in the amount of $51,510.00 for the rehabilitation of Clarifier No. 4 at the
Water Treatment Plant. Funding is available from 442-5178-536-64.90 (R&R-Other
Machinery & Equipment).
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for five (5) eligible applicants/families in the amount of $19,500 for SW 8~h
Avenue, $18,000 for SW 3~ Avenue, $19,238 for SW 6m Avenue, $15,000 for SW 13m
Avenue, and $15,000 for SW 13m Avenue. This represents 130-homeowner assistance
under Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP
Program).
RESOLUTION NO. 60-01: Approve Resolution No. 60-01 assessing costs for action
necessary to abate nuisances on thirteen (13) properties throughout the City.
RESOLUTION NO. 61-01: Approve Resolution No. 61-01 assessing costs for action
necessary for the emergency board-up of an unsafe structure located at 1331 NW 3~
Street.
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
September 14, 2001 through September 28, 2001.
O. AWARD OF BIDS AND CONTRACTS:
Bid award in the amount of $758,382.00 to Insituform Technologies for trenchless
sanitary sewer rehabilitation utilizing the existing Manatee County contract unit
prices. Funding is available from 442-5178-536-63.51 (Sewer Mains).
Purchase award in the amount of $21,293.00 to Electric Motors of Palm Beach for
two (2) variable frequency drive units for replacement at Miller Park and the South
Pump Station. Funding is available from 441-5143-536-64.90 (Other
Machinery/Equipment).
Approve a lease agreement for an annual cost of $38,541.12 with Enterprise Rent-
A-Car to support undercover operations by the Police Deparunent's Vice,
Intelligence and Narcotics (VIN) Unit. Funding is available from 001-2115-521-
44.40 (Vehicle Rental/Lease).
Contract renewal of various film and photographic supplies to Focus Camera at an
estimated annual cost of $17,216.59 via the City of Boca Raton Bid #98-110.
Funding is available from various departments' FY 2001-2002 operating budgets.
Purchase award to Special Products Group for the purchase of uniforms for the
Police DeparUnent at an estimated annual cost of $67,710.25. Funding is available
from all divisions 52.22 (Uniforms/Linen Service) line items in the FY 2001-2002
budget.
9. REGULAR AGENDA:
A.A.
CONTRACT RENEWAL/LANGTON ASSOCIATES: Approve extension of the
Consulting Agreement between the City of Delray Beach and Langton Associates for a
period of one year at a fee of $62,500.00. (Approved as amended~
A. RECONSIDERATION OF APPEAL OF THE SITE PLAN REVIEW AND
APPEARANCE BOARD ACTION: Reconsider an appeal of the Site Plan Review
and Appearance Board decision regarding approval of a Class V Site Development Plan,
Landscape Plan and Elevations associated with the Hotel Vista Del Mar, located
approximately 300 feet south of Atlantic Avenue on the west side of Ocean Boulevard,
(State Road A-l-A). Quasi-Judicial Hearing (Approved 3-2 to uphold appeal,
Commissioner Archer and Commissioner McCarthy dissenting)
BID AWARD TO HAVERLAND BLACKROCK CORP - SPORTS TURF ONE
(ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELD): Consider approval
of a contract award to second/o;~est bidder, Haverland Blackrock Corp - Sports Turf One
in the amount of $47,760.00 for the Atlantic High School multi-purpose field. Funding
is available from 001-4131-572-34.90 (R&R Other Contractual Services).
(Approved 5-0)
SPECIAL EVENT REQUEST FOR UNITY WALK: Consider approval of a
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10.
request to endorse the Delray Beach Unity Walk scheduled to be held on November 11,
2001 from 2:00 p.m. to 5:00 p.m., sponsored by Community Chat. Requested is staff
assistance for security, traffic control, barricading, and trash removal and clean up,
signage and use of the Tennis Stadium, also requested is to waive all fees and overtime
costs. (Approved 5-O)
PUBLIC HEARINGS:
ORDINANCE NO. 54-01 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Land Development Regulation Section 4.4.28(D) and 4.4.13(D)
and (1) to allow multi-family dwelling units at the density greater than thirty (30) units
per acre, as a conditional use in the CBD-RC (Central Business District - Railroad
Corridor) zoning district, between NE 2'~ Street and NE 3~ Street. If passed, a second
public hearing will be scheduled for October 16, 2001. (Tabled to the Regular
Meeting o£November 6~ 2001)
ORDINANCE NO. 51-01 (SECOND AND FINAL READING): An ordinance
annexing into the City the Fanelli property located on the east side of Military Trail,
north of Atlantic Avenue (immediately east of the Boys Farmers Market) and
establishing initial zoning of GC (General Commercial) for the property. Quasi-
judicial (as to zoning) Public Hearing (Approved 5-0)
ORDINANCE NO. 27-01 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2001-1): (Approved as amended 5-0)
1. One (1) Future Land Use Map amendment (Fanelli Annexation).
2. Update of the Potential Residential Units Map & Table, appearing in both
Future Land Use and Housing Element.
3. General update of the Public Facilities Element.
4. Update of the Comprehensive Plan Map Series to reflect current municipal
boundaries.
ORDINANCE NO. 53-01 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Land Development Regulations Section 4.4.9(D) (Conditional
Uses and Structures Allowed), Section 4.4.9(F)(2) (West Atlantic Avenue Overlay
District Standards), and Section 4.4.9(G)(1) (West Atlantic Avenue Overlay District
Supplemental District Regulations), for the GC (General Commercial) Zone District,
relating to recommendations in the West Atlantic Avenue Redevelopment Plan. If
passed, a second public hearing will be scheduled for October 16, 2001. (Approved 5-
0)
ORDINANCE NO. 52-01 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2001-3): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2001-3 which includes
creation of a new Public Schools Facilities element, which will include a definition
section and related map series, and revision to the existing Capital Improvement
Element to include the School Districts adopted Six-Year Capital Facilities Plan.
(Pursuant of Florida Statute 163.3187(1)(j), this amendment is exempt from the twice a
year Comprehensive Plan amendment imposed by Florida Statute). (Approved 5-0)
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11. FROM THE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
City Manager's response to prior public comments and inquiries.
From the Public.
12.
13.
FIRST READINGS:
ORDINANCE NO. 55-01: An ordinance rezoning from R-1-A (Single Family
Residential) to CF (Community Facilities) to accommodate an off-street parking lot for
Donnie's Golden Spoon Restaurant located on the east side of NW 6~h Avenue,
approximately 300 feet north of West Atlantic Avenue. If passed, a quasi judicial
public hearing will be scheduled for October 16, 2001. (Approved,q-O)
ORDINANCE NO. 56-01: An ordinance amending Land Development Regulations
Section 4.3.3(0,) regarding the definition of Guest Cottages, pursuant to Section
2.4.5(ND. If passed, a public hearing will be scheduled for October 16, 2001.
(Approved 5-0)
ORDINANCE NO. 57-01: An ordinance amending Chapter 101 (Municipal Parks,
Beach and Other Recreational Sites), by amending Section 101.27 (Animal Regulations)
to allow for animals on the sidewalk and grassy area west of the dune line on the east-
side of A-1-A. If passed, a public hearing will be scheduled for October 16, 2001.
(Approved as amended, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
***** Adjourned at 9:20 p.m. *****
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