07-16-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, July 16, 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.
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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.
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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. (The Mayor noted the addition of Regular Agenda Item - 9.G - Purchase
of Properties and Item 9.H - Resolution No. 63-02 to the agenda; Item 10.B, Ordinance No. 25-02, was
postponed to a date certain of August 6, 2002 due to a request from the applicant. The Mayor also
noted the revised Resolution No. 55-02 and ordinances for Items 12.A and 12.B; Approved as amended,
5-0)
APPROVAL OF MINUTES:
july 2, 2002 - Regular Meeting (Approved, 5-0)
July 9, 2002 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
· None
PRESENTATIONS:
Hamlet Country Club Donation: Delray Beach Fire Rescue and Delray Beach Police -
Perry Don Francisco
Ceremonial Grant Checks - Representative Anne Gannon
Distinguished Budget Award
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
RESOLUTION NO. 55-02: Approve Resolution No. 55-02 abandoning a portion of
Royal Palm Boulevard, located on the east side of north Federal Highway,
approximately 3,600 feet south of Gulf Stream Boulevard, in conjunction with Old
Palm Grove Development.
RESOLUTION NO. 61-02/VANTAGE CARE RETIREMENT HEALTH
SAVINGS PLAN: Approve Resolution No. 61-02 adopting the Vantage Care
Retirement Health Savings Plan.
RESOLUTION NO. 62-02/ABANDONMENT AND ACCEPTANCE OF
UTILITY EASEMENTS/DELRAY LINCOLN MERCURY: Approve
Resolution No. 62-02 abandoning a portion of a 12 foot wide water distribution
easement lying within tract "A" of Delray Lincoln Mercury Plat No. 2, and acceptance
of a 12 foot wide water distribution easement deed located approximately 20 feet to the
north.
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07-16-2002
SERVICE AUTHORIZATION NO. 2/KIMLEY-HORN, INC.:
Service Authorization No. 2 to Kimley-Horn, Inc. for the design
Neighborhood Improvements Phase IV in the amount of $111,000.00.
available from 370-3162-541-65.43 (Lake Ida Road North).
Approve
of Seacrest
Funding is
FINAL SUBDIVISION PLAT APPROVAL/ANTIQUE EXPERIENCE:
Approve the boundary plat for Antique Experience, located on the southeast corner of
S.E. 5m Avenue and East Atlantic Avenue.
CHANGE ORDER NO. 2/FINAL PAYMENT/GTE BUILDERS, INC.:
Approve Change Order No. 2 in the amount of $9,617.94 and final payment in the
amount of $65,583.45 to GTE Builders, Inc. for the City Marina Improvements and
Sarah Gleason Park Improvements Project. Funding is available from 334-4181-572-
63.90 (General Construction Fund/Other Improvements).
CHANGE ORDER NO. 2/FINAL PAYMENT/ROSSO PAVING &
DRAINAGE, INC.: Approve Change Order No. 2 in the deduct amount of
$48,989.85 and final payment in the amount of $35,489.91 to Rosso Paving & Drainage,
Inc. for the NW lgh Avenue Improvements Project. Funding is available from 442-
5178-536-63.90 for $25,685.70 (Water & Sewer/Other Improvements) and 334-6111-
519-46.90 for $23,304.15 (General Construction Fund/Other Improvements).
THIRD AMENDMENT TO PALM BEACH COUNTY/WEED AND SEED
PROGRAM AGREEMENT: Approve Amendment No. 3 to the Interlocal
Agreement between the City of Delray Beach and Palm Beach County for the Weed and
Seed Program, extending the City's services as fiscal agent until September 30, 2003.
AMENDMENT TO SOUTH PALM BEACH COUNTY PUBLIC SAFETY
COMMUNICATIONS COOPERATIVE/PALM BEACH COUNTY
AGREEMENT: Approve Amendment No. 2 to the interlocal agreement between
the South Palm Beach County Public Safety Communications Cooperative and Palm
Beach County for use of a portion of the County's Trunked Radio System (SmartZone
Controller).
RCC CONSULTANTS, INC. AGREEMENT: Approve an agreement between the
City and RCC Consultants, Inc. in the amount of $22,299.00 for the development of a
licensing package for two (2) additional frequencies on the 800 MHz communications
system and consulting services.
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
GOODISON PARK ESTATES: Authorize the City to act as the utility permit
applicant for the construction of a water main extension within the state right-of-way
(south of Linton Boulevard and on the east side of A-l-A) and approve a Hold
Harmless Agreement with the developer (L.D.J.B. Development, L.L.C.).
07-16-2002
L. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for four (4) eligible applicants/families in the amount of $21,285.00 for 3302
Spanish Wells Drive C, $19,238.00 for 2809 Zomo Way #3-A-2, $21,375.00 for NW 5th
Avenue, and $18,226.00 for NW 6~h Avenue. This brings the number to 147
homeowners assisted under the Renaissance Program. Funding is available from 118-
1924-554-83.01 (SHIP Program).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 1, 2002 through July 12, 2002.
N. AWARD OF BIDS AND CONTRACTS:
Contract award to Pioneer Contracting, Inc. in the amount of $116,886.55 for
the Delray Shores Enhancements - Udell Lane Project. Funding is available
from 334-6111-519-63.89 (Neighborhood Enhancements).
Contract award to Conquest Engineering, Inc. in the amount of $304,534.00 for
the Seacrest Neighborhood Improvements Phase TTT, Water Main Upgrades
project. Funding is available from 442-5178-536-65.03 (Seacrest/Del-Ida).
Purchase award to Fisher Scientific Company in the amount of $46,560.00 via
the Broward Co-op Bid for replacement fire fighting personal protective
clothing. Funding is available from 001-2311-522-52.22, 001-2313-522.52.22,
001-2315-522.52.22, and 001-2317-522.52.22 (Uniforms/Linen).
Purchase award to Chemical Lime Company at an estimated annual cost of
$314,241.50 via the City of Boynton Beach Co-op Bid #052-2821-02/I<ZR for
bulk quicklime for the City of Delray Beach. Funding is available from 441-
5122-536-51.21 (2002-2003 Budget).
Bid award to Signcraft, Inc. in the amount of $18,134.00 for the installation of
seventy-one (71) signs for the Wayfinder Signs Phase TT project. Funding is
available from 334-6111-519-64.90 (General Consmnction Fund/Other
Machinery/Equipment).
REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/HESSLER PAINT AND DECORATING CENTER: Consider an
appeal of a decision of the Site Plan Review and Appearance Board's action denying an
awning for Hessler Paint and Decorating Center, located at 4591 West Atlantic Avenue.
Quasi-Judicial Hearing (Approved, 5-0)
ITEM REMOVED
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07-16-2002
C. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER, INC.:
Do
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Consider approval of a request from the Friends of Sandoway House Nature Center,
Inc. to grant a temporary use permit per LDR Section 2.4.6(H) for the use of the
eastern portion of the Ingraham Parking Lot from 5:00 p.m. on November 21, 2002
through noon on November 25, 2002, and use of the balance of the Ingraham Parking
Lot and the Sandoway Parking Lot from 5:00 p.m. until midnight on November 23,
2002 to accommodate their annual fund-raiser; contingent on the sponsor providing
liability insurance and a hold harmless agreement. (Approved, 4-0; Mayor Schmidt filed
Conflict of Interest)
ESTABLISHMENT OF PROPOSED MILLAGE RATE: Consider establishing
the proposed millage rate for FY 2003. (Motion to approve 8 mills; Approved 5-0)
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
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Appoint one (1) regular member to the Delray Beach Housing Authority to fill an
unexpired term ending July 14, 2004. Based on the rotation system, the appointment
will be made by Commissioner McCarthy (Seat #4). (Appointed Joseph Bemadel and
approved, 5-0)
APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
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four (4) members to the Planning and Zoning Board for two (2) year terms ending
August 31, 2004. Based upon the rotation system, the appointments will be made by
Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt
(Seat #5), and Commissioner Perlman (Seat #1). (Appointed Diane Borchardt and
approved, 5-0; appointed Kenneth Peltzie and approved, 5-0; appointed Jess Sowards and
approved, 5-0; appointed Jillian Woehlkens and approved, 5-0)
PURCHASE OF PROPERTIES: Consider approval of contracts to purchase
properties located at:
· 2400 Owens Baker Road and Contract for Sale and Purchase between the City and
James w. and E.B. Baker and Carolyn Tubbs in the amount of ~g149,500.00
· 2320 Owens Baker Road and a vacant parcel of land and Contract for Sale and
Purchase between the City and Anthony E. and Laurel B. Baker in the amounts of
~g91,000.00 and ~g41,600.00
· 2464 Owens Baker Road and Contract for Sale and Purchase between the City and
Eugene B. and Barbara M. Baker in the amount of ~g143,000.00 (Approved, 5-0)
RESOLUTION NO. 63-02: Consider approval of Resolution No. 63-02 authorizing
the City of Delray Beach to issue Revenue Bonds not to exceed $7,000,000 for the
purpose of financing the cost of land acquisition with respect to the Barwick Land
Acquisition Project with Bank of America. (Approved, 5-0)
07-16-2002
10. PUBLIC HEARINGS:
ORDINANCE NO. 24-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations to add
Public Educational Facilities of the School District of Palm Beach County as a principal
use in Residential and Community Facilities (CF) zoning districts; Section 4.3.3 adding
supplemental regulations for Public Educational Facilities; modifying the definition of
Residential Zoning Districts; renaming Educational Facilities and clarifying that private
schools and other similar educational facilities are conditional uses in certain residential
zoning districts; and adding private schools and other similar educational facilities as a
conditional use in the Planned Residential Development (PRD) zoning district.
(Approved, 5-0)
ORDINANCE NO. 25-02: An ordinance amending the Future Land Use Map
Amendment (Small-Scale) from CMR (Commerce) in part and GC (General
Commercial) in part to CMR (Commerce) and rezoning from MIC (Mixed Industrial
and Commercial) in part and GC (General Commercial) in part to MIC (Mixed
Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest
corner of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site
(former train station - 80 Depot Avenue). Quasi-judicial (as to zoning) Public
CONDITIONAL USE REQUEST: Consider a conditional use request
to allow the establishment of a monument and ornamental stone cutting
facility for Natural Stone Fabrication, located at the northwest corner of
West Atlantic Avenue and Interstate-95 (known as Depot Square Historic
Site). (POSTPONED to a date certain of August 6, 2002)
ORDINANCE NO. 27-02: An ordinance designating the S.E. O'Neal House located
at 910 N.E. 2'~ Avenue to the local register of Historic Places. (Approved, 5-0)
ORDINANCE NO. 28-02: An ordinance amending Ordinance No. 70-89, regarding
615 North Ocean Boulevard, to increase the maximum floor area from 2,400 square
feet to 2,650 square feet for the enclosure of a 250 square foot porch. (Approved, 5-0)
ORDINANCE NO. 16-02 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2002-01): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2002-01 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the
State Department of Community Affairs. Amendment 2002-01 includes:
City initiated Future Land Use Map amendment from County CHO/8 (Commercial
High Office with residential density of 8 units per acre) and MR5 (Medium
Residential, 5 units/acre) to City GC (General Commercial) and ED (Low Density,
1-5 du/ac), for eleven parcels located north of Lake Ida Road, between Barwick
Road and Military Trail.
07-16-2002
11.
12.
City initiated Future Land Use Map amendment from County MR5 (Medium
Residential, 5 units/acre) to City LD (Low Density Residential, 1-5 du/ac) for the
Winterplace Subdivision (now known as the Colony at Delray Beach), located at the
southeast corner of Military Trail and the LWDD L-30 Canal.
City initiated Future Land Use Map amendment from MD (Medium Density, 5-12
du/ac) to CC (Commercial Core) for a property located on the east side of Gleason
Street, approximately 94 feet south of East Atlantic Avenue. (Motion to approve with
amendments; Approved, 5-0)
RESOLUTION NO. 60-02: A resolution establishing a budget for the Stormwater
Utility System, establishing the rates for FY 2003 Stormwater Management
Assessments, and certifying and adopting the Stormwater Assessment Roll. (Approved,
5-0)
ORDINANCE NO. 26-02 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending the Land Development Regulations Section
3.1.1(B) and Section 2.4.3(A)(9) to add public school concurrency as a required finding
and to modify submission requirements. (Approved, 5-0; City Clerk left dais)
ORDINANCE NO. 29-02: An ordinance amending Ordinance No. 9-95, which
designated the Susan Williams House as a local historic site, to modify the description
and address of the property. (Approved, 5-0)
ORDINANCE NO. 30-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by
amending Sections 35.097(}) and 35.097(L)(2)(B) to comply with the recent Internal
Revenue Code requirements and Florida Statutes. (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 NO. 31-02: City initiated voluntary annexation of eleven parcels of
land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military
Trail. If passed, a public hearing will be scheduled for August 6, 2002. (Approved, 5-0)
ORDINANCE NO. 32-02: City initiated voluntary annexation of a 34.6 acre parcel,
the Winterplace Subdivision (now known as The Colony at Delray Beach), located at
the southeast corner of Military Trail and the LWDD L-30 Canal. If passed, a public
hearing will be scheduled for August 6, 2002. (Approved, 5-0)
07-16-2002
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
~~ Meeting ad/ourned at S:45 p.r~. ~~
07-16-2002