04-02-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, April 2, 2002
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 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 addition of item 8.Q.4, Lease Award to PMI Imaging
Systems of Florida, Inc., to the consent agenda; National Bike Week proclamation moved to 4/16/02
City Commission Meeting; Commissioner Levinson requested Item 8.K, Selection of Implementation
Committee/Delray Downtown Master Plan, be moved to regular agenda as item 9.A.A; Commissioner
Perlman requested Item 8.H, FEC Railway Agreement, be moved to regular agenda as item 9.A.A.A;
Staff requested Item 8.E, Resolution No. 30-02, be moved to regular agenda as item 9.A.A.A.A;
approved as amended, 5-0)
APPROVAL OF MINUTES:
Special Meeting of March 13, 2002 (Approved, 5-0)
Regular Meeting of March 19, 2002 (Approved, 5-0)
PROCLAMATIONS:
Recognizing and commending Jonathan Arehart
Commending multiple medal winners - Delray Beach 2002 Senior Games
Proclaiming April 10, 2002 as Arbor Day
Proclaiming April 2002 as Fair Housing Month
Proclaiming May 2002 as National Bike Month
PRESENTATIONS:
International Tennis Championships - Host Site Sponsorship Trophy
HomeFront Security Volunteer Program - Officer Skip Brown
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
CITY OF DELRAY BEACH/DELRAY BEACH HOUSING AUTHORITY
FUNDING AGREEMENT: Approve an agreement for funding and acceptance of
funds between the City of Delray Beach and Delray Beach Housing Authority for a
period April 1, 2002 through September 30, 2002. The Delray Beach Housing Authority
will implement and administer the SEEDTECH Technology Center at the Carver
Estates Housing Complex.
CITY OF DELRAY BEACH/COMMUNITY REDEVELOPMENT
AGENCY/ENTERPRISE NATIONAL BANK SUBSIDIZED LOAN
AGREEMENT: Approve a subsidized loan agreement between the City of Delray
Beach, Community Redevelopment Agency (CRA), and Enterprise National Bank
regarding assistance with certain residential and business improvements.
ELITE PROTECTION SERVICES AGREEMENT: Approve an agreement
between the City of Delray Beach and Security Services of America, LLC. (Elite
-2-
04-02-2002
Protection Services) for the purpose of establishing Advanced Life Support "first
responder" services and dispatch emergency medical assistance protocols solely for
Delaire Country Club Community.
RESOLUTION NO. 29-02: Approve Resolution No. 29-02 vacating and abandoning
a portion of Dixie Highway located approximately 740 feet south of Gulf Stream
Boulevard and accept a right-of-way deed of the east 10 feet of Lots 13 and 14, plat of
Delray Beach Estates.
_(_MOVED TO ITEM 9.A.A.A.A ON THE REGULAR AGENDA)
RESOLUTION NO. 31-02: Approve Resolution No. 31-02 vacating and abandoning
a portion of the sixty (60) feet canal right-of-way, located north of and adjacent to Lot
1, Lake Eden Subdivision Plat No. 3.
HOUSE OF GOD/OFFSITE PARKING AGREEMENT: Approve the
agreement between the City of Delray Beach and the House of God Church which
allows the Church to utilize twenty-one (21) parking spaces located on City property
during the time periods that City Hall is closed to provide proper parking for the
church's patrons.
(MOVED TO ITEM 9.A.A.A ON THE REGULAR AGENDA)
FUTBOL MASTERS, INC./LICENSE AGREEMENT: Approve a license
agreement between the City of Delray Beach and Futbol Masters, Inc. for the use of the
Tennis Center and other City facilities for a Pro Celebrity Soccer Classic to be held on
January 10-12, 2003.
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for two (2) eligible applicants/families in the amount of ~37,125.00 for NW
11~h Avenue and NW 13~h Avenue. This brings the number to 137 homeowners assisted
under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP
Program).
_(_MOVED TO ITEM 9.A.A ON THE REGULAR AGENDA)
SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special
event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 4, 2002, from
11:00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per
LDR Section 2.4.6(I4) for the closure of NE 1st Avenue on the north side of the
grounds of Old School Square to the loading gate area, and staff support for security,
trash removal, and waiver of City overtime costs.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a
special event request and endorse the Art & Jazz on the Avenue scheduled for May 9,
2002 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section
2.4.6(I4) for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, the south
side of Atlantic Avenue from NE 7th Avenue to just past the Blue Anchor Pub,
Railroad Drive from Atlantic Avenue to NE 1st Street, NE 2nd Avenue from Atlantic
04-02-2002
Avenue to NE 2nd Street, and to authorize staff support for security and traffic control,
banner hanging and removal, barricade set-up and removal, trash removal and clean up,
and use/set-up of City stages.
SPECIAL EVENT REQUEST/5TH ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for the 5TM Annual Downtown
Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 25 and
May 26, 2002, granting a temporary use permit per LDR Section 2.4.6(H) for use of City
right-of-way on Pineapple Grove Way from the north side of NE 1st Street to the south
side of NE 3~ Street, and to authorize staff support for security and traffic control.
SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW AND
BALLOON RACE: Consider approval of a Hot Air Balloon Glow to be held on May
17, 2002, and Hot Air Balloon Race to be held on May 18 and May 19, 2002 at Lake Ida
Park, granting a temporary use permit per LDR Section 2.4.6(H) for the closure of
Atlantic Avenue on May 17, 2002 from A1A to Andrews between 3:00 p.m. and 11:00
p.m., and staff support for security and traffic control, barricading, and signage
preparation/set up, stage set up/take down, and trash removal for this event.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 18, 2002 through March 29, 2002.
AWARD OF BIDS AND CONTRACTS:
Purchase award to R&S Integrated Products and Services, Inc. in the amount of
$48,567 for the purchase of a LaserFiche Document Imaging System under
State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2502011-2,
and purchase of supporting hardware in the amount of $34,688 from various
vendors. Funding is available from 334-6112-519-64.12 (Office Equipment).
Bid award to Cornerstone Businesses, Inc. in the total amount of $357,510.00
for directional drilling a sixteen (16") force-main under the Intracoastal
Waterway and an eight (8") water-main connection between the Sabal Lakes
development and the Lake Forest development ($272,510.00) and an "alternate
A", the installation of an eight (8") conduit for Florida Teleport under separate
agreement ($85,000.00). Funding is available from 441-5181-536-63.74 for
$217,510.00 (Intracoastal Sewer Crossing), 441-5181-536-65.21 for $55,000.00
(Davis Road/Lone Pine), and 441-5161-536-69.23 for $85,000.00 (Florida
Teleport Intracoastal Crossing).
Lease award to AXSA Document Solutions in the amount of $32,976.00 (total
award) for a color copier. Funding is available from 001-2911-519-44.30
(General Fund/Equipment) and 448-5411-538-44.30 (Stormwater Utility
Fund/Equipment).
Lease award to PMI Imaging Systems of Florida, Inc. in the amount of
$16,297.92 (Four (4) year lease) via the State of Florida SNAPS Agreement
#25002202-2 for the upgrade of the Canofile Cannon DR-3020 Scanner (Police
Mug System Scanner). Funding is available from 001-2113-521-44.30 (Lease
04-02-2002
-4-
Equipment).
REGULAR AGENDA:
A. 1. APPEAL OF
SITE PLAN REVIEW AND APPEARANCE BOARD
A.A.
A.A.A.
A.A.A.A.
ACTION/POLLO TROPICAL: Consider an appeal of a decision of the Site
Plan Review and Appearance Board's action relating to the denial of a monument
sign as submitted from Pollo Operations, Inc. d/b/a Pollo Tropical, located at 950
Linton Boulevard. (Quasi-Judicial Hearing) (Approved, 5-0)
REQUEST FOR WAIVER/POLLO TROPICAL: Consider a waiver request
from Pollo Operations, Inc. d/b/a Pollo Tropical, located at 950 Linton Boulevard,
to LDR Section 4.6.7(G)(7) governing the location of flat wall signs. (Approved, 5-0)
SELECTION OF IMPLEMENTATION COMMITTEE/DOWNTOWN
DELRAY BEACH MASTER PLAN: Approve the membership for the
Downtown Delray Beach Master Plan Implementation Committee. It will be
comprised of twenty-one (21) former Steering Committee members and ten (10)
new members representing the affected community. (Approved, 5-0)
FEC RAILWAY AGREEMENT: Approve the agreement between the City of
Delray Beach and FEC Railway for the construction and maintenance of the
railroad crossing and crossing signals for NE 4~h Street. (Approved, 5-0)
RESOLUTION NO. 30-02: Approve Resolution No. 30-02 vacating and
abandoning a portion of SE Th Avenue right-of-way, lying north of SE 5~h Street.
(DENIED, 5-0)
CONDITIONAL USE REQUEST/LUND ANIMAL HOSPITAL: Consider a
conditional use request to allow the establishment of a veterinary clinic for Lurid Animal
Hospital, located in the Pelican Harbor Shoppes at the northeast corner of South
Federal Highway and Tropic Isles Drive. (Quasi-JudiciM Hearing) (Approved, 5-0)
REQUEST FOR SIDEWALK WAIVER/THE BROOKFIELD COMPANY:
Consider a request from The Brookfield Company for a waiver of Section 6.1.3 of the
Land Development Regulations providing relief from the installation of a sidewalk on
the north side of NE 4~h Street and the east side of Fisher Lane. (DENIED, 4-1;
Commissioner Archer dissented)
SPECIAL EVENT REQUEST/CARIBBEAN AMERICAN FESTIVAL:
Consider approval of a special event request for a Caribbean American Festival to be
held on June 1, 2002 from 11:00 a.m. to 11:00 p.m. at Old School Square, including a
waiver of LDR Section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than
one week prior to event, trash removal/site clean up, EMS service, staff support for
security and traffic control with the sponsor paying fifty (50%) of overtime costs,
contingent on the sponsor providing liability insurance and a hold harmless agreement.
(Approved, 5-0)
04-02-2002
NAMING RIGHTS AGREEMENT/DELRAY BEACH TENNIS CENTER:
Consider approval of an agreement with Superlative Group Inc. to act as a Non-
Exclusive Agent for the City of Delray Beach to sell naming rights for the Delray Beach
Tennis Center. (Approved, 4-1; Commissioner McCarthy dissented)
F. CRA APPLICATION FOR TEA'21 FUNDING FOR WEST ATLANTIC
AVENUE: Consider a request from the Community Redevelopment Agency for the
City's participation and assistance with the CRA's application to the Metropolitan
Planning Organization (MPO) for TEA'21 funding for enhancement or beautification
activities on West Atlantic Avenue from lffh Avenue to 12~h Avenue. (Approved, 5-0)
G. SECOND APPOINTMENT TO NOISE COMPATIBILITY ADVISORY
COMMITTEE (NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint
the second member to the Noise Compatibility Advisory Committee (NCAC) for the
Boca Raton Airport Authority. The term is for one (1) year. Based on the rotation
system, the appointment will be made by Commissioner Archer (Seat #2). (Appointed
Bill Schwartz and approved, 5-0)
H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board to fulfill an unexpired term ending
January 14, 2005. Based upon the rotation system, the appoinmqent will be made by
Commissioner Levinson (Seat #3). (Appointed Beril Krueger and approved, 5-0)
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
a/ternate member to the Board of Adjustment for an unexpired term ending August 31,
2003. Based upon the rotation system, the appointment will be made by Mayor
Schmidt (Seat #5). (Mayor deferred to 4/16/02)
J. APPOINTMENT OF THE CHAIRPERSON OF THE PUBLIC
EMPLOYEES RELATIONS COMMISSION: Appoint the chairperson of the
Public Employees Relations Commission (PERC) for a four year term ending January
29, 2006. (Appointed Todd Jackson and approved, 5-0)
APPOINTMENT TO THE ELDER READY TASK FORCE: Appoint one (1)
member to the Elder Ready Task Force for an unexpired term ending November 1,
2002. Based on the rotation system, the appointment will be made by Commissioner
Archer (Seat #2). (Appointed Karen Schell and approved, 5-0)
L. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
the following members to the Nuisance Abatement Board; two (2) regular members
with term ending March 31, 2004 and one (1) regular member to fill an unexpired term
ending March 31, 2003. Based upon the rotation system, the appointments will by
made by Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5) and
Commissioner Perlman (Seat #1). (Appointed Janet Patrick and approved, 5-0; appointed
Ed Ostrowski and approved, 5-0; appointed John Miller and approved, 5-0)
M. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint two
(2) members for the category of "Other Representation" to the I4fids and Cops
Committee for a two year term ending November 30, 2003. Based upon the rotation
system, the appointments will be made by Mayor Schmidt (Seat #5) and Commissioner
04-02-2002
10.
11.
12.
13.
Perlman (Seat #1). (Appointed Jennifer Buce and approved, 5-0; appointed Francis
Moschette and approved, 5-0)
PUBLIC HEARINGS:
ORDINANCE NO. 12-02: An ordinance amending the historic designation adopted
by Ordinance No. 70-89 for the "Fontaine Fox House" historic site located on the east
and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615
North Ocean Boulevard). (Quasi-Judicial Hearing) (DENIED Ordinance No. 12-
02(A), 5-0; DENIED Ordinance No. 12-02(t3), 5-0; DENIED Ordinance No. 12-02(C), 4-1;
Commissioner McCarthy dissented)
ORDINANCE NO. 11-02: An ordinance rezoning from RT (Resort Tourism) to PC
(Planned Commercial) for a 2.067 acre parcel of vacant land located at the southwest
corner of SE 5m Avenue and SE 10m Street for a proposed Washington Mutual Bank
and other commercial uses. (Quasi-Judicial Hearing) (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:
NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
a. City Manager
b. City Attorney
c. City Commission
~~ Meeting adjourned at lO:OO p.m. ~~
04-02-2002