12-09-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, December 9, 2003
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.
Bo
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.
Co
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 auxilial3; aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
pr%ram, 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 the addition of Item 7.E, Rock Star Video Games;
additional information for Items 7.C, Public Arts Needs Assessment; 9.D, Contract Renewal/Langton
Associates; and 9.G, Bus Shelters; Items 9.A, Amendment No. 1/Sale and Purchase Contract and 9.M,
Mayor Salary Survey, were pulled from the agenda; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· NONE
PROCLAMATIONS:
· NONE
PRESENTATIONS:
B.
C.
D.
E.
Recognizing and Commending the Delray Beach Fire Rescue Competition Team
United Way of Palm Beach County - Scott Badesch
Public Arts Needs Assessment - Glen Weiss
Residential Design Guidelines - Beach Property Owners' Association
Video Game
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
RESOLUTION NO. 80-03: Approve Resolution No. 80-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
638 N.W. 53~d Avenue.
ACCEPTANCE OF A RIGHT-OF-WAY DEED/ST. PAUL'S A.M.E.
CHURCH: Approve and accept a right-of-way deed for N.W. 5~ Avenue in
conjunction with the construction of an off-site parking lot for St. Paul's A.M.E.
Church, located at 119 N.W. 5~ Avenue.
UTILITY IMPROVEMENT AGREEMENT/PORTA AL MARE, L.L.C.:
Approve a utility agreement between the City and Porta al Mare, L.L.C. in the amount
of $12,120.00 for the installation of 132 feet of new water main in the alley that runs
north of N.E. 1~ Street between northbound and southbound Federal Highway.
Funding is available from 442-5178-536-63.50 (Water Main Upgrades).
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12-09-2003
D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements ~vith six (6) sub-recipients (Alpha Time Children's Center,
Community Child Care Center, Mad Dads of Greater Delray Beach d/b/a Village
Foundation, Palm Beach County Resource Center, Inc., Roots Cultural Festival, Inc.,
and Urban League of Palm Beach County, Inc.) under the Community Development
Block Grant (CDBG) program for FY 2003-2004, ~vith the total funding in the amount
of $122,000.00 from various accounts ~vithin the CDBG fund.
SPECIAL EVENT REQUEST/HOWARD ~ 15th ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 15~
Annual Do~vnto~vn Art Festival sponsored by Ho~vard Alan Events, Ltd. to be held on
January 17 and 18, 2004, granting a temporary use permit per LDR Section 2.4.6(H) for
street closure of Atlantic Avenue, east of N.E./S.E. 6~ Avenue east to Salina, and
Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street
closure permit; authorize staff support for security and traffic control, and permit an
event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the
event ~vith the sponsor paying all overtime costs; contingent on sponsor providing a
certificate of liability insurance.
SPECIAL EVENT REQUEST/FIRST NIGHT 2004: Approve a special event
request to hold the 7~ Annual First Night event on December 31, 2003 from 4:00 p.m.
to midnight, granting a temporary use permit per LDR Section 2.4.6(H) for the use and
street closures of City rights-of-way and facilities as requested, to waive LDR's section
4.6.7(D)(3)(j)(ii) to allo~v event signage to be placed no earlier than December 15, 2003,
and authorize staff support for security and traffic control, signage construction and
installation, barricade set-up/removal, trash removal and clean up, and use/set-up of
City stages as needed at no charge.
CONTRACT ADDITION/MORA ENGINEERING CONTRACTORS, INC.:
Approve Contract Addition No. 1 to the Reclaimed Water Main Construction, West
Side of E-4 Canal Project in the amount of $36,985.64 to Mora Engineering
Contractors, Inc. for the quantity adjustments to the original contract. Funding is
available from 441-5181-536-63.95 (Connection Fees).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Devdopment Boards for the period
December 1, 2003 through December 5, 2003.
AWARD OF BIDS AND CONTRACTS:
Contract a~vard to Insituform Technologies, Inc. in the amount of $480,233.50
via the 2003 City of Lake Worth Contract, the To~vn of Palm Beach Contract
(RFP #2003-13), and the 2003-04 Manatee Count7 Contract (RFP #00-6019FL)
for trenchless sanitary server rehabilitation of 5,309 feet of gravity server
(Systems 16 and 17/Barrier Island). Funding is available from 442-5178-536-
63.51 (Server Mains).
12-09-2003
Purchase a~vard to Turner Outdoor Equipment in the amount of $15,840.72 via
the Orange County School Board Contract #02-03-11VH for one (1) John
Deere Modal #5105 Tractor for the Delray Beach Golf Course. Funding is
available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course
Fund/Other Machinery/Equipment).
REGULAR AGENDA:
AMENDMENT NO. 1/SALE AND PURCHASE CONTRACT: Consider
approval of Amendment No. 1 to the Sale and Purchase Contract bet~veen the City and
D.R. Horton, Inc. providing for construction management services for the public park
at no cost to the City and for early payment of park impact fees by D.R. Horton.
(PULLED)
B. AMENDED AND RESTATED UTILITY AGREEMENT/CITY CENTER
DEVELOPMENT, L.L.C.: Consider approval of the amended and restated utility
agreement for Ocean City Lofts between the City and City Center Development, L.L.C.
to allow for the installation of utility improvements (sanitary sewer, drainage, and
reclaimed water) on N.E. 4~;' Avenue. (Approved, 4-0; Commissioner Levinson filed
Conflict of Interest)
BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY 2003
bonus payment to JCD Sports Group for golf operations in the amount of $18,000.00
and for Tennis Center operations in the amount of $5,500.00. Funding is available from
445-4711-572-34.90 (Ddray Beach Municipal Golf Course Fund/Other Contractual
Services), 446-4711-572-34.90 (Lakevie~v Golf Course/Other Contractual Services), and
001-4215-575-34.90 (General Fund/Other Contractual Services). (Approved staff
recommendation of 11%, 5-0)
CONTRACT RENEWAL/LANGTON ASSOCIATES: Provide direction
regarding the rene~val of the consulting agreement bet~veen the City of Delray Beach
and Langton Associates for grant ~vriting services for a term of one (1) year. (Consensus
of the Commission to support Smart Grant; Approved, 5-0)
TRIPARTITE AND INTERLOCAL AGREEMENT/AMENDMENTS NO. 1
AND NO. 2/DELRAY BEACH LIBRARY: Provide direction on ;vhether to
proceed based on the appraisal information received by the parties. (Motion to move
for~vard with the process and not opt out of the agreement; Approved, 4-0; Mayor Perlman
stepped down due to Conflict of Interest)
ENGINEERING CONSULTING AGREEMENTS: Consider approval of seven
(7) Engineering Consultant Agreements bet~veen the City and CH2M Hill; Eckler
Engineering; Hazen & Sawyer, PC; Kfimley-Hom & Associates; Lawson, Noble &
Webb; Mathe~vs Consulting, Inc.; and McMahon & Associates for engineering
consulting services. (Consensus of the Commission to review selection criteria at the January
13, 2004 Workshop Meeting)
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12-09-2003
BUS SHELTERS/DAYTECH MANUFACTURING, INC.: Consider approval
of a contract between the City of Delray Beach and Daytech Manufacturing in the
amount of $454,114.00 for the manufacture, delivery, construction and installation of
forty-seven (47) bus shelters. (Approved, 5-0)
MIDDLE SCHOOL 98-GG: Provide direction regarding a proposed resolution
supporting a school of choice for Middle School 98-GG. (First Motion to approve a
resolution supporting the boundaries; Denied, 4-1. Second Motion to approve a resolution
supporting a School of Choice; Approved, 4-1; Commissioner McCarthy dissenting )
CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL
REPORT (CAPER): Consider approval of the Community Development Block
Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for
FY 2003 as required by the U.S. Department of Housing and Urban Development.
(Approved, 5-0)
PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of $550,000.00
in Florida Blacktop v. City of Delray Beach. Staff recommendation is denial. (Motion to
approve the settlement; Settlement denied, 5-0)
APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
10.
11.
12.
BOARD: Appoint one (1) member to the Parking Management Advisory Board to
represent the Atlantic Avenue Corridor betxveen Sxvinton Avenue and Interstate 95 for
an unexpired term ending Januar7 31, 2004. Based upon the rotation system, the
appointment xvill be made by Commissioner Levinson (Seat #3). (Appointed Vanessa
Grant and approved, 5-0)
BOYS AND GIRLS CLUB/REQUEST WAIVER: Consider a request from the
Boys and Girls Club to waive the January 1, 2004 requirement for a building permit in
Section 1.03 of the lease between the City and the Boys and Girls Club. (Motion to
approve waiver; Approved, 5-0)
MAYOR SAI.ARY SURVEY: Provide direction regarding a possible increase to the
Mayor's salary. (PULLED)
PUBLIC HEARINGS:
· NONE
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:
12-09-2003
13.
ORDINANCE NO. 48-03: An ordinance rezoning from POD (Professional Office
District) and CD (Conservation District) to RM (Medium Density Residential) for a
0.509 acre portion of the Delray Harbor Club Condominium Development located on
the east side of U.S. Highxvay No. 1, approximately 650 feet south of S.E. 10~ Street. If
passed, a quasi-judicial public hearing xvill be scheduled for January 6, 2004. (Approved,
5-0)
ORDINANCE NO. 49-03: An ordinance rezoning from R-1-A (Single Family
Residential) to LI (Light Industrial) for parcels of land located on the east side of
Wallace Drive, south of S.W. 10~ Street; and, rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for t~vo parcds of land located 100 feet east of
Tangelo Terrace, bet~veen Poinsettia Drive and Georgia Street in conjunction ~vith the
Wallace Drive Redevelopment Plan. If passed, a quasi-judicial public hearing ~vill be
scheduled for January 6, 2004. (Approved, 5-0)
ORDINANCE NO. 50-03: An ordinance rezoning from RM (Medium Density
Residential) to GC (General Commercial) for the follo~ving areas pursuant to the
adopted South~vest Area Neighborhood Redevelopment Plan:
1. South of West Atlantic Avenue, north of N.W. 1 ~ Street, bet~veen S.W. 8~
Avenue and S.W. 12~ Avenue.
2. East and ~vest sides of S.W. 5~ Avenue, south of S.W. 1 ~ Street.
3. North~vest corner of S.W. 1 ~ Street and S.W. 4~ Avenue.
If passed, a quasi-judicial public hearing ~vill be scheduled for January 6, 2004.
(Approved, 4-1; Commissioner McCarthy dissenting)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 5, 2003
12-09-2003