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10-17-00 ResultsCITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING OCTOBER 17, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS ********** Agenda Results *********** 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 meetings in the Commission Chambers. 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: under this section. Any citizen is entitled to speak on items B. 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. C. 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. Ail 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. AGENDA Roll Call. (Everyone was present) Invocation. (made by Nancy Norman with Unity Church of Delray Beach) Pledge of Allegiance to the Flag. Agenda Approval. (The Agenda was approved 5- O. Mayor noted the inclusion of item 9E to the agenda - Lease Agreement with Verizon Wireless) Approval of Minutes: Regular Meeting of September 19, 2000 (Approved 5-0) Proclamations: A. Recognizing the Delray Beach Orchid Society's 10th Annual Show - October 27-29, 2000 B. Recognizing and commending the Ocean Rescue Lifeguard Competition Team on their achievements at the 2000 United States Lifesaving Association National Lifeguard Championships C. Florida City Government Week - October 22-28, 2000 Presentations: A. Recognizing Elizabeth Godwin, the local First Place winner in the Sister Cities International llth Annual Young Artist Competition B. Children's Services Council - November 7th Ballot Referendum Consent Agenda: (All items under consent were approved 5-0) A. RESOLUTION NO. 74-00: A resolution adopting the Unified Local Mitigation Strategy for the City of Delray Beach. Regular Commission Meeting October 17, 2000 B. RESOLUTION NO. 77-00: A resolution vacating and abandoning an unimproved right-of-way (labeled Kings Lynn) within the Plat of Lake Ida Manor, Addition No. 1, located west of N.W. 4th Avenue, based upon positive findings. This is a City-initiated action. C o RESOLUTION NO. 78-00: A resolution vacating and abandoning the north/south alley right-of-way located in Block 1, Re-Plat of Ida Lake Terrace, located on the north side of N.W. llth Street between N.W. 2nd and 3rd Avenues, based on positive findings. This is a City-initiated action. Do RESOLUTION NO. 79-00: A resolution vacating and abandoning the north/south alley right-of-way located in Block 4, Re-Plat of Ida Lake Terrace, located on the north side of Grove Way between N.W. 2nd and 3rd Avenues, based upon positive findings. This is a City-initiated action. m o RESOLUTION NO. 80-00: A resolution vacating and abandoning that portion of the unimproved N.W. 14th Street right-of-way lying north of and adjacent to Block 3 and Lots 4 & 5, Block 4, Re-Plat of Ida Lake Terrace, located between N.W. 2nd and 4th Avenues, based upon positive findings. This is a City- initiated action. Fo RESOLUTION NO. 81-00: A resolution authorizing the Community Redevelopment Agency to acquire certain property within Block 53, Town of Delray (commonly known as the Norris property) by gift, purchase or eminent domain. G. ACCEPTANCE OF GRANT AWARDS FOR PAPJ<S AND RECREATION Ho PROJECTS: Accept two grant awards from the Florida Inland Navigation District (F.I.N.D.) and approve the associated project agreements for (1) grant award in the amount of $70,000 to assist with the purchase of the Odabashian property for boat ramp parking, and (2) grant award in the amount of $81,000 to assist with renovations and improvements to the City Marina. The project agreement for the land acquisition should be approved subject to closing on the property. ACCEPTANCE OF GRANT AWARD FOR POLICE PATROL BOAT: Accept a grant award from the Florida Inland Navigation District (F.I.N.D.)in the amount of $47,229 to assist with the purchase of a Police boat to patrol and enforce boating laws on waterways within the City, and approve the associated project agreement. -3- Regular Commission Meeting October 17, 2000 I. SITE LICENSE AGREEMENT/DE LRAY PALM VIEW, INC.: Approve a site license agreement between the City and Delray Palm View, Inc. which provides for the City to install a receiver antenna for the 800 HHz radio system on the Hardrives tower located at 2101 South Congress Avenue. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS WITH TWO SUBRECIPIENTS: Approve and authorize the execution of two subrecipient funding agreements with MAD DADS ($52,000) and the Community Child Care Center ($18,000) under the Community Development Block Grant (CDBG) program for FY 2001, with total funding in the amount of $70,000 from 118-1966-554-83.01 (Other Grants & Aid/S52,000) and 118-1966-554-82.09 (Child Care Center/S18,000). CHANGE ORDER #1/SUBAQUEOUS SERVICES, INC. (TROPIC ISLE CANAL DREDGING PROJECT): Approve Change Order ~1 in the amount of $100,000.00 to the contract with Subaqueous Services, Inc. for the Tropic Isle Canal Dredging project, with funding from 448-5461-538-65.54 (Stormwater Utility - Tropic Isle Dredging). CONTRACT CLOSEOUT/METRO SERVICE CONSULTANTS, INC. (FIRE HYDRAND REPAIR AND MAINTENANCE): Approve closeout of the existing contract with Hetro Service Consultants, Inc. for fire hydrant repair and maintenance, and liquidate two outstanding purchase orders in the total amount of $55,772.50 with the funds reverting to 441-5123-536-34.90 (Water & Sewer Other Contractual Services). CLOSEOUT CHANGE ORDER & FINAL PAYMENT/G.T.E. BUILDERS (COMMUNITY CENTER EXPANSION AND ROOF REPAIRS): Approve closeout Change Order ~1 in the amount of $35,739.38 and final payment in the amount of $41,211.70 to G.T.E. Builders for completion of the Community Center expansion and roof repairs project, with funding from 334-6112-519-62.10 (General Construction Fund - Buildings). REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 2nd through October 13, 2000. AWARD OF BIDS AND CONTRACTS: Contract renewal with Air Liquide America Corp., via City of West Palm Beach bid, for the purchase and delivery of liquid carbon dioxide at an -4- Regular Commission Meeting October 17, 2000 estimated annual cost of $51,000.00, with funding from 441-5122-536-52.21 (Water & Sewer - Chemicals). o Award in the total amount of $25,400.00 to Pressure Cleaning Services, Inc. for the cleaning (descaling) of the clarifiers, drains and cross- over piping at the Water Treatment Plant, with funding from 441-5122-536-34.90 (Water Treatment & Storage - Other Contractual Services). o Purchase award in the amount of $18,200.00 under the City's annual contract with Southeastern Pump for the purchase of pumps and related equipment to be provided by the City in association with the Breezy Ridge Estates Improvements project, with funding from 441-5161-536-65.48 (W&S Capital Outlay - Breezy Ridge Estates). o Purchase award in the amount of $23,705.00 to Hydro Pumps, Inc. for the purchase of a replacement motor and electrical cable for the submersible pump at the aquifer storage and recovery facility, with funding from 442-5178- 536-63.97 (W&S Renewal & Replacement - Raw Water Well Rehabilitation). Installation of the new pump and cable will be done by AMPS under our continuing contract for well rehabilitation. o Contract award in the amount of $35,000.00 with Colonna Asphalt Restoration, Inc., via Broward County contract, for miscellaneous asphalt repairs and patching as a result of utility work within paved areas, with funding from 441-5123- 536-34.90 (Water Distribution - Other Contractual Services}. o Contract award in the amount of $177,925.00 to RSI of Florida, Inc. for the re-roofing of both the first and second floor roofs of the Police headquarters building at 300 West Atlantic Avenue and the roof of the shooting range/fitness center building located just south of the Police headquarters building, with funding from 334- 6112-519-46.10 (General Construction Fund - Building Haintenance) . 9. Regular Agenda: A. REMOVAL OF TEMPORARY STREET CLOSURE/S.E. 4TH STREET: Consider approving the removal of the temporary street -5- Regular Commission Meeting October 17, 2000 closure at S.E. 4th Street between S.E. 6th Avenue (northbound Federal Highway) and S. E. 7th Avenue. (Postponed from August 15, 2000 to allow time for the Homeowners Association and staff to work out a mutually agreeable arrangement. )- (Approved 5-0, subject to Staff's recommendations) B o LEWIS COVE SWALES. (No motion - Consensus: Engineering will need to do further research) C. SPECIAL EVENT REQUEST/iST ANNUAL DELRAY BEACH Do THANKSGIVING ART FAIR: Consider a request for special event approval to hold the 1st Annual Delray Beach Thanksgiving Art Fair sponsored by Howard Alan Events on November 25 & 26, 2000, including a temporary use permit for street closure and staff support for traffic control and security. (Approved 5-0, subject to Staff's recommendations) REQUEST FOR WAIVER (RECONFIGURATION OF NONCONFORMING m o LOTS IN DEL PARK SUBDIVISION): Consider approval of a waiver to LDR Section 4.3.1(D) to allow the reconfiguration of existing nonconforming lots to create new nonconforming lots for Lots 1-3, Block 4, Del Park, located at the southwest corner of N.E. 13th Street and N.E. 3rd Avenue within the Seacrest/Del-Ida neighborhood. (Approved 5-0, subject to Staff's recommendations) VERIZON WIRELESS LEASE AGREEMENT: (Approved 5-0) FULL SERVICE GRANTS WRITING CONTRACT WITH LANGTON ASSOCIATES: Consider authorizing a Full Service Grants Writing Contract with Langton Associates, piggybacking on the Palm Beach Gardens contract. (Approved 5-0) G. HOUSING REHABILITATION CONTRACT AWARDS/ABISSET Ho CORPORATION: Consider approval of two housing rehabilitation contract awards through the State Housing Initiatives Partnership (SHIP) program in the total amount of $44,950.50 to Abisset Corporation as the lowest responsive, responsible bidder ($20,685 for 111 S.W. 8th Avenue/second iow bid, and $24,265.50 for 11 S.W. 4th Street/iow bid), with funding from 118- 1924-554-49.19 (SHIP Program). (Approved 5-0) RESOLUTION NO. 82-00: Consider approval of a resolution authorizing the City to acquire certain property known as the Odabashian parcel located on the -6- Regular Commission Meeting October 17, 2000 east side of U.S. Highway #1, just south of Knowles Park between the Delray Harbor Club and Harbourside, and accepting the contract for sale and purchase. (Approved 5- O) RESOLUTION NO. 76-00: Consider approval of a resolution authorizing the City to acquire Lots 10 and 11, Block 30, Town of Delray, located on the west side of S.W. 4th Avenue between S.W. 1st and 2nd Streets, and accepting the contract for sale and purchase. The lots are currently being used and will continue to be used by the City for stormwater retention. (Approved 5-0) J. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint a citizen-at-large representative to the Parking Management Advisory Board for a term ending January 31, 2001. The appointment will be made by Commissioner McCarthy. (Randy Straghn - Approved 5-0) SETTLEMENT/MURPHY V. CITY OF DELRAY BEACH: settlement offer in the referenced matter. 5-0) Consider a (Approved 10. Public Hearings: ORDINANCE NO. 27-00: An ordinance changing the Future Land Use Map designation from MD (Medium Density Residential 5-12 units/acre) to CF-R (Community Facilities-Recreation), and associated rezoning from RM (Medium Density Residential) to CF (Community Facilities) District for the Delray Swim and Tennis Club facility located on the west side of Jaeger Drive between Dotterel Road and Egret Circle. QUASI-JUDICIAL HEARING AS TO ZONING (Approved 5-0) 1. CONDITIONAL USE REQUEST/TENNIS CENTER AT DELRAY 11. RACQUET CLUB: Consider a request for conditional use approval to allow the use of the common recreational facilities (tennis courts and parking facilities) within the Layer's Delray Racquet Club Addition, located on the east side of Jaeger Drive between Dotterel Road and Egret Circle, to be operated in conjunction with City's swim and tennis facility located to the west. QUASI-JUDICIAL PROCEEDING (Approved 5-0) Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. City Hanager's response to prior public comments and inquiries. -7- Regular Commission Meeting October 17, 2000 B. From the Public. 12. First Readings: ORDINANCE NO. 28-00: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", of the City Code to provide for various changes of a procedural nature which were brought about by revisions made to Chapter 162 of the Florida Statutes this year. If passed, a public hearing will be scheduled for November 7, 2000. (Approved 5-0) ORDINANCE NO. 29-00: An ordinance amending Chapter 90, "Abandoned Property", of the City Code to provide for updated definitions, revisions to certain notice requirements and to provide for language as prescribed by Chapter 705 of the Florida Statutes. If passed, a public hearing will be scheduled for November 7, 2000. (Approved 5-0) 13. Comments and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission (MEETING ADJOUR1FED AT 9: O0 P.M. ) -8-