10-16-01 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, October 16, 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.
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ROLL CALL. (Commissioner Archer arrived at 6.'05 p.m.)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL.
APPROVAL OF MINUTES:
NONE
PROCLAMATIONS:
A. Recognizing and Commending Pompey Park Youth Tennis Team
B. Recognizing City Government Week - October 21 through October 27, 2001
C. Delray Beach Orchid Society's 1Ph Annual Show - October 26 through October 28, 2001
D. Recognizing National Epilepsy Awareness Month - November 2001
PRESENTATIONS:
Resolution No. 63-01 - Recognizing and commending Jack Ceasar for Thirty-years of
Dedicated Service to the City of Delray Beach
Delray Shores/Sudan Neighborhood Action Plan (Approved, 4-0)
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
RESOLUTION NO. 64-01: Approve Resolution No. 64-01 which verifies the City's
commitment to provide a 50% match to the $6,000 requested from the Division of
Historic Resources Division of the State of Florida for the Historic District Design
Guidelines Grant.
RESOLUTION NO. 65-01: Approve Resolution No. 65-01 establishing the Elder
Ready Task Force consisting of fifteen (15) members with a sunset date of November 1,
2002. Commission appointments will be made at the November 6~h Commission
meeting.
LIMITED ACCESS EASEMENT: Approve a limited access easement for property
located at 701 NW 2'~d Avenue (northeast corner of NW 2'~d Avenue and NW Th Street.)
to allow for the construction of pool without encroachment into the required setback.
LANDSCAPE
ARCHITECTURAL
SERVTCES/A.
GRANT
THORNBROUGH & ASSOCIATES (SWTNTON AVENUE
BEAUTIFICATION, PHASE TT): Approve an agreement in the amount of
$16,500.00 to A. Grant Thornbrough & Associates to provide landscape architectural
services for the Swinton Avenue Beautification, Phase II project. Funding is available
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from 119-4151-572-60.69 (Beautification/Improvements Other).
COMMUNITY DEVELOPMENT DIVISION'S
HOUSING
REHABILITATION GRANT AWARDS: Approve Housing Rehabilitation grant
awards through Community Development Division Housing Rehabilitation Grant in
the amount of $24,297.00 to Abisset Corporation for 317 SW 12~h Street, and
$20,259.75 to South Florida Construction for 343 NW 7h Avenue. Funding is available
from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
ASSIGNMENT CONSENT/URS CORPORATION (FORMALLY DAMES &
MOORE): Approve the request from URS Corporation to change the name on all
future service authorizations for engineering services from Dames & Moore to URS
Corporation due to acquisition of Dames & Moore by URS Corporation.
FINAL PAYMENT/SECURITY ROOFING, INC. (RE-ROOFING BEACH
PAVILIONS): Approve final payment in the amount of $789.80 to Security Roofing
Inc. for the completion of the Beach Pavilions re-roofing project. Funding is available
from 334-6112-519-62.13 (Re-roofing Beach Pavilions).
CHANGE ORDER #1/FLORIDA BLACKTOP (SE/SW ROADWAY
IMPROVEMENTS: Approve Change Order #1 to Florida Blacktop in the amount of
$109,762.59 for the completion of the SE/SW Infrastructure Improvements.
Funding is available in the amount of $66,357.58 from 441-5181-536-69.22 (SE 7h
Avenue), and in the amount of $43,405.01 from 370-3162-541-63.45 (2000 Road Bond-
SE/SW Area Improvements).
CONTRACT ADDITION (C.O. #1)/SONIC ENGINEERING
(SOUTHRIDGE/SUNSET/ALBATROSS/ROADWAY INFRASTRUCTURE
IMPROVEMENTS CONTRACT): Approve a Contract Addition (C.O. #1) in the
amount of $107,351.50 to Sonic Engineering for approximately 2.205 L.F. of gravity
sewer main replacement for the Lake Ida Road improvement project. Funding is
available from 442-5178-536-61.51 W&S/Sewer Mains).
SERVICE AUTHORIZATION NO. 10/MATHEW'S CONSULTING (WATER
MODEL OF DISTRIBUTION SYSTEM): Approve Service Authorization No. 10
to Mathew's Consulting for professional engineering services in the amount of
$107,164.75 for preparation of a computer model of the water distribution system.
Funding is available from 442-5178-536-31.90 (W&S Other Professional Services).
SPECIAL EVENT REQUEST/12th ANNUAL HARVEST FEST: Approve a
special event request to hold the 12~h Annual Harvest Fest on November 17h and lgh
from 10 a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park, waiver
of the 2-hour parking limits at various parking lots, staff support for security, traffic
control and event signage.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 1, 2001 through October 12, 2001.
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M. AWARD OF BIDS AND CONTRACTS:
Purchase award for an estimated annual cost of $91,575.00 to Praxair Inc. for
Liquid Carbon Dioxide (Co2) via the City of West Palm Beach Bid #00/01-51.
Funding is available from 441-5122-536-52.21 (W&S Chemicals).
Award of bid in the estimated annual cost of $75,000.00 to AMPS, Inc. for
production well rehabilitation for various wells located within the City. Funding
is available from 442-5178-536-63.97 (W&S Repair & Replacement Fund).
Bid award for an estimated annual cost of $15,000.00 to Allied Universal
Corporation for the purchase of Hydrofluosilcic Acid. Funding is available
from 441-5122-536-52.21 (W&S Chemicals).
Contract renewal for an estimated annual cost of $35,000.00 to Colonna Asphalt
Restoration Inc. for asphalt and concrete repairs to various locations within the
City. Pricing via Broward County contract #H-D-98-280-M1, funding is
available from 441-5123-536-34.90 (Other Contractual Services).
Purchase award to Flowserve US Inc. in the amount of $41,500.00 for new
water main line stop equipment via based on prices from an existing City of
Lauderdale purchase order. Funding is available from 441-5123-536-64.90
(W&S Other Machinery & Equipment).
Bid award in the amount of $51,300.00 to Accurate Tennis for the resurfacing
of six (6) clay courts at the Delray Beach Tennis Center. Funding is available
from 334-4145-572-63.90 (General Construction/Other Improvements).
MODIFICATION AND EXTENSION AGREEMENT/CHILDREN'S
SERVICES COUNCIL: Approve the Modification and Extension Agreement
between the City and the Children's Service Council for grant funding in the amount of
$124,680 in support of the Park's & Recreation Out-of-School Youth
Recreation/Enrichment program, subject to review and approval by the City Attorney.
REGULAR AGENDA:
EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/DRUG
ABUSE FOUNDATION): Consider approval of an extension of a conditional use
modification request to allow the construction of an 80-bed dormitory for the Drug
Abuse Foundation, which is located at the Southwest Corner of Swinton Avenue and
SW Th Street. (Approved 4-0, Mayor Sehmidt stepped down due to eontliet of
interes0
REQUEST TO WAIVE LIEN INTEREST: Consider a request from Mr. Don
Johnson, 338 NW Th Avenue, to waive the interest accumulated ($258.70) on a lien
against his recently acquired property. Mr. Johnson is prepared to pay the remaining
lien of $746.13, which includes the City's out-of-pocket expenses. (Approved S-O)
AMENDMENT NO. 2/DUBIN & ASSOCIATES, INC. (TENNIS CENTER
MANAGEMENT AGREEMENT): Consider approval of Amendment No. 2 to the
Tennis Center Management Agreement with Dubin & Associates, Inc., reducing the
management fee by approximately $25,000 per year or a fee of $2,083 per month
effective November 1, 2001. (Approved g-O)
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REQUEST ADDITIONAL RATE CATEGORY/MUNICIPAL GOLF
COURSE (PALM BEACH COUNTY RESIDENT RATE): Consider a request to
include an additional rate category at the Municipal Golf Course for Palm Beach County
Residents. (Approved 4-1, Commissioner £evinson dissenting)
AT&T SITE LEASE AGREEMENT AMENDMENT NO. 2: Consider approval
of Amendment No. 2 to the Site Lease Agreement between the City and AT&T,
providing for an increase of the number of antennas on the water tower, increasing the
rent structure and clarifying AT&T's responsibility for all taxes. (Approved 4-1,
Commissioner Levinson dissenting)
BID REJECTION/& CHANGE ORDER #1/GTE BUILDERS (CITY
MARINA SEAWALL IMPROVEMENTS): Consider rejection of the only bid
received for the seawall and dock repair at the City Marina (Custom Built Marine
Consmnction in the amount of $116,790.00), and approve Change Order #1 in the
amount of $76,162.00 to the contract with GTE Builders. Funding is available from
426-4311-575-65.23 (City Marina Renovations). (Approved 5-0)
Go
AUTHORIZATION TO APPEAL/DHARMA (BLOCK 77): Consider giving the
City Attorney authorization to appeal the order granting Dharma the right to amend its
State Case concerning a consistency with Comprehensive Plan Challenge in the Block
77 matter. (Approved.q-O)
Ho
SPECIAL EVENT REQUEST/5th ANNUAL FIRST NIGHT-2002: Approve a
special event request to hold the 5~h Annual First Night-2002 event on December 31,
2001 from 4:00 p.m. to midnight. To grant a temporary use permit, the closure of
streets, use of facilities, allow event signage, staff support and waiver of overtime costs
and facility rental charges. (Approved 5-0)
DIFFERENTIAL PAY/MILITARY RESERVIST DUTY: Consider
recommendations regarding differential pay for employees called up for Active Military
Reservist Duty. (Approved 5-0)
PUBLIC HEARINGS:
Ao
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. (Approved 5-0)
Bo
REQUEST FOR WAIVER OF CITY ORDINANCE (ABC CARPET &
HOME): Consider a request from ABC Carpet & Home, 777 South Congress Avenue,
for a waiver to the provisions of Section 4.6.7(G)(7) of the Sign Code in the City's Land
Development Regulations. The City will consider waiving the provisions of the code
that state flat wall signs must face dedicated street frontage, and also limits the total
number of signs allowed on the project site. (Quasi-Judicial Hearing) (Approved 5-
0)
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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. (Quasi-Judicial Hearing)
(Approved.q-O)
CONDITIONAL USE REQUEST: Consider a conditional use request
to establish a privately operated parking lot for Donnie's Golden Spoon
Restaurant located on the ease side of NW 6~h Avenue, approximately 300'
north of West Atlantic Avenue. (Approved .q-O)
ORDINANCE NO. 53-01 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations Section 4.4.9(D)
(Conditional Uses and Structures Allowed), Section 4.4.9(17)(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, implementing recommendations in the West Atlantic Avenue Redevelopment
Plan. (Approved.q-O)
ORDINANCE NO. 56-01: An ordinance amending Land Development Regulations
Section 4.3.3(Q) regarding the definition and size of Guest Cottages, pursuant to
Section 2.4.5(ND. (Approved
RESOLUTION NO. 62-01: Consider approval of Resolution No. 62-01 authorizing
the acquisition of property located generally West of Barwick Road, North of the L-31
Canal, South of the L-30 Canal and East of Military Trail. (Approved.q-O)
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:
NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
***** Adjourned at 9:20 p.m. *****
10-16-01