11-06-01 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, November 6, 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. (Mayor noted removaI oFItem 8.B From the Consent Agenda,
and moved Item 8.A~ Final Plat Approval/Siemens-Evert Service Campus, From the
Consent Agenda to t~e Regular Agenda as Item 9.A.A. The Agenda was approved, as
amende4 5-0)
APPROVAL OF MINUTES:
· Regular - October 2, 2001 (Approved, 5-0)
· Regular - October 16, 2001 (Approved as amended, 5-0)
PROCLAMATIONS:
A. Proclaiming November 2001 as
AWARENESS MONTH"
PRESENTATIONS:
A.
B.
C.
D.
"JOEY BERGSMA RETINOBLASTOMA
Presentation by the South West President's Association
Employee Suggestion Award to Robert Bullard, Utility Maintenance Manager
Employee Suggestion Award to Clayton Gilbert, Utility Supervisor
Advisory Attendance Committee (ABC) Proposed Boundaries for Delray Beach
schools for 2002
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
Item moved to Regular Agenda, Item 9.A.A.
Item removed
RESOLUTION NO. 66-01/ABANDONMENT OF A PORTION OF PALM
TRAIL: Approve the abandonment of a portion of Palm Trail, lying approximately 92'
south of the centerline of Allen Avenue, adjacent to the east line of Lot 25, and the
south half of Lot 26, Block B, Snow Mill Subdivision.
RESOLUTION NO. 67-01/ABANDONMENT OF UTILITY
EASEMENT/VISTA DEL MAR DRIVE: Approve the abandonment of a 5' utility
easement within Lot 15, Plat of Delray Beach Esplande, located on the south side of
Vista Del Mar Drive and the Intracoastal Waterway.
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E. REQUEST FOR SIDEWALK DEFERRAL/A&V DEVELOPMENT
Fo
CORPORATION (JASMINE DRIVE): Approve a request from A&V
Development Corporation to defer the installation of a sidewalk in front of 3111
Jasmine Drive (Tropic Isles Subdivision).
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PERMIT &
HOLD HARMLESS AGREEMENT/RENAISSANCE VILLAGE: Approve the
Go
Ho
FDOT Utility Permit & Hold Harmless Agreement between the City and Renaissance
Village for work performed within the state right-of-way (northbound Federal Highway
south of NE 2'~ Street).
HOLD HARMLESS AGREEMENT/TOWN SQUARE OF DELRAY
ASSOCIATION, INC.: Approve a Hold Harmless Agreement between the City and
Town Square of Delray Association, Inc. for the installation of car canopies over
parking spaces within an easement located at 75 NE 6~h Avenue.
SURVEY CONSULTING SERVICES AGREEMENTS: Approve the list of firms
recommended by the Selection Committee to provide Survey Consulting Services. All
agreements are subject to review and approval by the City Attorney.
INTERLOCAL AGREEMENT WITH SCHOOL BOARD OF PALM BEACH
COUNTY/ATLANTIC HIGH SCHOOL BALLFIELDS MAINTENANCE:
Jo
Approve an Interlocal Agreement between the City and the School Board of Palm
Beach County for the City's use of the ballfields at Atlantic High School as well as each
party's participation regarding the maintenance of the ballfields.
AMENDMENT #1 TO THE CLINICAL SERVICES AGREEMENT/DR.
Ko
RANDALL WOLFF: Approve Amendment #1 to the Clinical Services Unit (CSU)
agreement between the City and Dr. Randall Wolff to provide a place where all City
employees may receive routine medical treatment, and the police and fire department
employees receive their annual physical exams on site.
AMENDMENT #1 TO THE CASON COTTAGE LEASE AGREEMENT:
Lo
Approve Amendment #1 to the lease agreement with the Delray Beach Historical
Society to include an additional 1925 historic bungalow style house to be located on the
Cason Cottage property. The City will assume responsibility for exterior maintenance
only.
AMENDMENT #3 TO THE LICENSE AGREEMENT WITH DELRAY
Mo
BEACH ACADEMY/POMPEY PARK FACILITIES: Approve Amendment #3 to
the License Agreement with Delray Beach Academy for use of the facilities at Pompey
Park, extending the agreement to June 15, 2002.
WAIVER OF CONDITION IN CONTRACTS REGARDING BARWICK
ROAD SCHOOL SITE: Approve the waiver of condition in several contracts
regarding the Barwick Road School Site; that all parcels need to be under contract
within 60 days or any party may cancel the contract; providing that the City may
continue to secure agreements with others.
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N. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements with seven (7) subrecipients (Alpha Time Children's Center,
Community Child Care Center, Community Neighborhood Helping, Delray Phoenix,
Inc., Fair Housing Center of Greater Palm Beaches, Inc., MAD DADs of Greater
Delray Beach and Urban League of Palm Beach County) under the Community
Development Block Grant (CDBG) program for FY 2002, with the total funding in the
amount of $134,650 from various accounts within the CDBG fund.
SPECIAL EVENT REQUEST FOR 2nd ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request to hold the 2'~d
Annual Delray Beach Thanksgiving Art Fair on November 24~h and 25~h from 10 a.m. to
5 p.m., to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of NE
2'~d Avenue, from NE 1st Street to NE 4~h Street, and to authorize staff support for
traffic control and security.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a
special event request and endorse the Art & Jazz on the Avenue scheduled for
December 6~h from 6 p.m. to 11 p.m. to grant a temporary use permit per LDR Section
2.4.6(H) for the closure of Atlantic Avenue from Swinton to NE Th Avenue, the south
side of Atlantic Avenue from NE Th Avenue to just past the Blue Anchor Pub, Railroad
Drive from Atlantic to NE 1st Street, and NE 2~ Avenue from Atlantic to NE 2~
Street, and to authorize staff support for traffic control, security, set up and clean up.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 15, 2001 through November 2, 2001.
AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the amount of $206,314.94 to Presidio Corporation, for
professional computer services and equipment (backbone infrastructure) to be
used in various departments. This emergency purchase was made to take
advantage of a 37% cost savings. Funding is available from 334-6112-519-64.40
(Backbone Infrastructure).
2. Purchase award in the amount of $24,821.85 to Presidio Corporation, for
backbone infrastructure management software to be used in connection with
the purchase of backbone infrastructure computer equipment. This emergency
purchase was made to take advantage of a 37% cost savings. Funding is
available from 334-6112-519-64.11 (Computer Equipment).
3. Purchase award in the amount of $25,517 to Electronic Services, Inc., for
replacement of Pump N2 variable frequency drive unit located at the north
pump station. Funding is available from 442-5178-536-64.90 (R&R-Other
Machinery & Equipment).
4. Purchase award in the amount of $29,295 via the Broward County Co-op
agreement #8998 to Safety Equipment Company for the purchase of 135 sets of
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replacement boots for use by Fire Department personnel. Funding is available
from 115-000-248-64.00.
Purchase award in the amount of $38,434.50 to Municipal Equipment Company
for the purchase of 146 helmets for use by Fire Deparn-nent personnel.
Funding is available from 001-2313-522-52.22 for $1,350, 001-2315-526-52.22
for $18,000, and 115-000-248-64.00 for $19,084.50.
Purchase award in the amount of $31,132.00 to Dale Carnegie Training for
Police Department training courses titled "Leadership Training for Managers"
as part of a leadership training program for Command Staff. Funds are available
from 115-2124-521-54.30 (Training/Educational Cost), as part of the Local Law
Enforcement Block Grant 2001.
REGULAR AGENDA:
A.A.
FINAL PLAT APPROVAL/SIEMENS-EVERT SERVICE CAMPUS: Approve
the boundary plat for Siemens-Evert Service Campus, located on the southwest corner
of SW 4~h Street and Swinton Avenue, which provides for dedication of right-of-way on
SW 3~d Avenue. (Approved 4-0, Mayor Schmidt stepped down due to contlict o£
interest)
CONDITIONAL USE REQUEST/THE ANTIQUE EXPERIENCE: Consider
a conditional use request to allow the establishment of an antique mall (bazaar) to be
known as The Antique Experience, located at the southeast corner of East Atlantic
Avenue and SE 5~h Avenue (southbound Federal Highway). Quasi-Judicial Hearing.
(Approved, 5-0)
CONDITIONAL USE MODIFICATION REQUEST/BETHEL
EVANGELICAL CHURCH: Consider a conditional use modification request
associated with the conversion of two single-family residences to administrative
maintenance buildings, increasing the sanctuary seating from 204 to 270 seats, and
consm2ction of a stabilized sod parking lot for Bethel Evangelical Church, located at the
northeast corner of SW gh Avenue and SW gh Court. Quasi-Judicial Hearing.
(Approved, 5-0)
CONDITIONAL USE REQUEST/PET NANNY: Consider a conditional use
request to allow the establishment of a kennel to be known as Pet Nanny within the
Park Ten Industrial Complex, located on the south side of SW 10~h Street, east of 1-95.
Quasi-Judicial Hearing. (Approved, 5-0)
PARKING LICENSE AGREEMENT/SOPRA RESTAURANT: Modification to
the Parking License Agreement for Sopra Restaurant involving a request for the
addition of two (2) parking spaces on the east side of SE 2~d Avenue, just south of East
Atlantic Avenue, to accommodate the creation of a separate pick-up location. (Denied,
5-0)
BID AWARD/COLONNA CONSTRUCTION COMPANY, INC.: Consider
approval of a contract award to second/owes/bidder, Colonna Construction Company,
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Inc. in the amount of $139,770 for the Community Improvement Sidewalk Project.
Funding is available from 118-1965-554-63.11 (Bikepaths/Sidewalks). (Approved, 5-0)
ESTABLISHMENT OF SANDOWAY PARKING LOT OFFICIAL CLOSING
TIME: Consider establishing the official closing time for Sandoway Parking Lot as 9:00
p.m., as recommended by the Parking Management Advisory Board. (Approved to
extend 9 p.m. closing time [or a J-month trial period until £utther discussion at
the February 5, 2002 Commission Meeting, 5-0)
RATIFICATION OF THE WEST ATLANTIC AVENUE
REDEVELOPMENT COALITION (WARC) APPOINTMENT TO THE
PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the
appointment of Evelyn Dobson as the West Atlantic Redevelopment Coalition
(WARC) Board's representative on the Parking Management Advisory Board for a term
ending September 30, 2004. (Approved, 5-0)
RESOLUTION 68-01/DESIGNATION IN THE FLORIDA RETIREMENT
10.
11.
12.
13.
SYSTEM (FRS) OPTION: Consider the designation of the City Commission for
inclusion in the Elected Officers' Class of the Florida Retirement System, as per
amended Florida State Statute, Section 121.052(3)(e), effective July 1, 2001. (Denied, 5-
0)
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 (I) to allow multi-family dwelling units at a 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~d Street and NE 3~*~ Street. If passed, a Public Hearing
will be held on November 20, 2001. (Ordinance No. 54-01 was tabled on October 2,
2001 to a date certain of November 6, 2001, subject to review of the Pineapple Grove
Design Guidelines). (Approved, 5-0)
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 58-01: An ordinance amending the Land Development Regulations
Section 2.2.6(B)(2) regarding the composition of and special qualifications for the
Historic Preservation Board. If passed, a public hearing will be scheduled for
November 20, 2001. (Denied, 4-1, Commissioner Archer dissenting)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
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City Manager
City Attorney
City Commission
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