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08-06-02 Results
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, August 6, 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, 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. 2. 3. 4. ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. /The Mayor noted a correction in Consent Agenda Item - 8.$.3 - Contract Award to Johnson-Davis to read "L-33" instead of "L-30"; Item 10.B, Ordinance No. 25-02, was withdrawn due to a request from the applicant; Approved as amended, 5-0) APPROVAL OF MINUTES: · July 16, 2002 - Regular Meeting (Approved, 5-0) PROCLAMATIONS: · City of Delray Beach Fire Fighter Appreciation Week - August 26~h - September 2, 2002 · Prostate Cancer Awareness Month - September 2002 PRESENTATIONS: · Public Arts Task Force - Richard McGloin CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater TreaUnent and Disposal Board at their Quarter Annual Meeting of July 18, 2002. RESOLUTION NO. 39-02/ABANDONMENT OF UTILITY EASEMENT/BLOCK 36: Approve the abandonment of a 16-foot utility easement within Block 36, less the west half (W. 1/2) of the 16-foot utility easement lying east of and adjacent to the east line of Lots 16 through 21, located on the north side of West Atlantic Avenue, between N.W. 3~d Avenue and N.W. 4~h Avenue. RESOLUTION NO. 66-02: Approve Resolution No. 66-02 abandoning the east- west alley and a portion of the north-south alley within Block 28, Town of Delray Plat, located between N.W. 4m Avenue and N.W. 5m Avenue. ACCEPTANCE OF A RIGHT-OF-WAY DEED/PROSPERI: Approve and accept a right-of-way deed with Mr. and Mrs. Prosperi regarding construction of a warehouse located adjacent to Wallace Drive, just south of Georgia Avenue. FINAL SUBDIVISION PLAT APPROVAL/ATLANTIC GROVE: Approve the subdivision plat for Atlantic Grove, located just north of West Atlantic Avenue, between N.W. 5~h Avenue and N.W. 3~d Avenue. -2- 08-06-2002 F. HAMMOCK RESERVE HOMEOWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Hammock Reserve Homeowners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. CITY OF DELRAY BEACH/PALM BEACH COUNTY FUNDING AGREEMENT: Approve an agreement between the City and Palm Beach County in an amount not to exceed $250,000.00 for the Southwest Area Improvements Project. AMERICAN SOCIETY OF COMPOSERS, AUTHORS, AND PUBLISHERS (ASCAP)/LICENSE AGREEMENT: Approve a license agreement between the City and the American Society of Composers, Authors, and Publishers, (ASCAP) for local government protection regarding copyright infringement, when music is played at public venues. 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve acceptance and the proposed allocation of the 2002 Local Law Enforcement Block Grant in the amount of $172,320.00 with a City match of funds in the amount of $19,145.00 for a total amount of $191,465.00. MODIFICATION TO DEP CONTRACT FOR FUNDING RELATING TO THE YEAR 2002 BEACH NOURISHMENT PROJECT: Approve a reduction in the Florida Department of Environmental Protection (DEP) contract #99PB2 in the amount of $120,000.00 for the construction phase of the Beach Nourishment Project. EXTENSION OF OCCUPANCY AGREEMENT/PIOUS SOCIETY: Approve the Pious Society's request to extend their occupancy on City-owned property until October 31, 2002; contingent upon the accessibility of the property to the City and its authorized designees for inspections, required studies, and tests. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FUNDING/RECLAIMED WATER SYSTEM EXPANSION: Authorize funding in the amount of $24,000.00 to South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for preparation of a federal funding request package regarding the Reclaimed Water System Expansion project. Funding is available from 441-5181-536-63.95 (SCRWTB Reuse System Expansion). AMENDMENT TO BOARD OF CONSTRUCTION APPEALS RULES: Approve revisions to the Board of Construction Appeals Rules incorporating the recently adopted procedures for quasi-judicial hearings. AMENDMENT TO HISTORIC PRESERVATION BOARD RULES: Approve revisions to the Historic Preservation Board Rules incorporating the recently adopted procedures for quasi-judicial hearings. CODE ENFORCEMENT BOARD RULES: Approve revised General Rules of Procedure for the Code Enforcement Board as adopted by that board on May 14, 2002. 08-06-2002 Po No RESOLUTION NO. 64-02 / RESOLUTION NO. 65-02: Consider approval of Resolution No. 64-02 and Resolution No. 65-02 authorizing the City to purchase properties for drainage retention located in the 400 block of S.W. 7th Avenue, and Contract for Sale and Purchase between the City and Alan I~asfeld in the amount of $13,500.00 per lot. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve cancellation of Housing Rehabilitation grant,contract award to South Florida Construction (44 NW 8~h Avenue) and authorize the Purchasing Division to liquidate the balance of the purchase order. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 15, 2002 through August 2, 2002. AWARD OF BIDS AND CONTRACTS: o ° Purchase award to DGG Taser Company (sole provider) in the amount of $46,663.80 for the purchase of sixty (60) M-26 Advanced Air Tasers for the Police Department. Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Purchase award to Lawmen's and Shooters' Supply, Inc. in the amount of $19,547.22 for the purchase of forty-five (45) Stinger Spike Systems and twenty- five (25) repair kits for newly purchased vehicles under the Police DeparUnent's "Take Home Vehicle Program". Funding is available from 115-2112-521-49.90 (Federal Asset Forfeiture Account). Contract award to Johnson-Davis, Inc. in the amount of $745,000.00 for the LWDD L-33 Canal Culvert. Funding is available from 334-6120-519-63.90 for $706,000.00 (General Construction Fund/New High School Site/Other Improvements) and 442-5178-536-63.50 for $39,000.00 (Water/Sewer Renewal & Replacement/Water Mains). ° REGULAR AGENDA: CONDITIONAL USE REQUEST/PALADIN ACADEMY: Consider a request for conditional use approval to allow the establishment of a private school, Paladin Academy within Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue. (Quasi-Judicial Hearing) (Approved, 5-0) Bo CONDITIONAL USE REQUEST/JOURDAN'S BRIDGE CLUB: Consider a request for conditional use approval to allow the establishment of Jourdan's Bridge Club within a 5,000 square feet bay of the Delray Square Phase II Shopping Center, located on the east side of Military Trail, approximately 650 feet north of Atlantic Avenue. (Quasi-Judicial Hearing) (Approved, 5-0) -4- 08-06-2002 Co Do Eo Ho FINAL SUBDIVISION PLAT APPROVAL/CRUZAN CORNER: Consider approval of the subdivision plat for Cruzan Corner, located just south of N.W. Th Street, between N.W. 4~h Avenue and (abandoned) N.W. 3~d Avenue. (Approved, 4-0; Mayor Schmidt filed Conflict of Interest) ROOTS CULTURAL FESTIVAL: Consider a request to allow the Roots Cultural Festival, Inc. to charge a fee for the use of parking in the lots on the north side of City Hall on August 10, 2002 and August 11, 2002. (Approved, 5-0) LICENSE AGREEMENT/BAKA ENTERPRISES, INC: Consider approval of a license agreement with BAIn Enterprises, Inc. for the use of Tennis Center Stadium, Clubhouse, and Community Center from 9:00 a.m. on September 27, 2002 through 6:00 p.m. on September 30, 2002. (Approved, 5-0) ARCHITECT/MUNICIPAL GOLF COURSE: Consider negotiations with Ward Northrup to provide architectural improvements at the Municipal Golf Course. (Approved, 5-0) authorizing contract services for needed REQUEST TO REDUCE LIENS/MARTHA OSBOURNE: Consider a request to reduce liens on a vacant lot acquired by Martha Osbourne located in the 100 Block of N.W. llth Avenue. The liens currently total ~g2,802.00; Ms. Osbourne is prepared to pay the remaining lien of ~gl,552.00, which includes the City's out-of-pocket expenses. (Approved, 5-0) RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT Jo ADVISORY BOARD: Ratify the appointment of Richard Sheremeta as the Downtown Development ~latho~i[y representative on the Parking Management Advisory Board to fill a two (2) year term ending August 1, 2004. (Approved, 5-0) APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint three (3) regular members to the Board of Adjustment for a term ending August 31, 2004. Based upon the rotation system, the appointments will be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), and Commissioner Levinson (Seat #3). (Appointed Jay Little and approved, 5-0; appointed Samuel Resnick and approved, 5-0; appointed Stanley Warshaw and approved, 5-0) APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint five (5) regular members to the Board of Construction Appeals for two-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), Commissioner Perlman (Seat #1), and Commissioner Archer (Seat #2). (Appointed George Brewer and approved, 5-0; appointed James Griffis and approved, 5-0; appointed Tim ©nnen and approved, 5-0; appointed Suzanne Page and approved, 5-0; appointed Chris Ryan and approved, 5-0) APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2004. Based upon the rotation system, the appointment will be made by Commissioner Archer (Seat #2). (Appointed Stanley Watsky and approved, 5-0) 08-06-2002 L. APPOINTMENT TO NOISE COMPATIBILITY ADVISORY COMMITTEE 10. (NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint one (1) member to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority for a one (1) year term. Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). (Appointed Harvey Brown, Sr. and approved, 5-0) PUBLIC HEARINGS: ORDINANCE NO. 33-02 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations to modify the definition and regulations pertaining to substance abuse treaunent facilities and amending Section 4.4.6 Medium Density Residential (RM) district by removing residential alcohol and drug treatment facilities as a conditional use. If passed, a second public hearing will be scheduled for August 20, 2002. (Approved, 5-0) ORDINANCE NO. 25-02: An ordinance adopting a 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-judieiM (as to zoning) Public Hearing (Pulled by applicant) 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). Quasi-JudieiM Hearing (Pulled by applicant) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2002 2003): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds. (Approved, 5-0) ORDINANCE NO. 31-02: An ordinance annexing eleven parcels of land (54.5 acres) located north of Lake Ida Road, between Barwick Road and Military Trail. (Approved, 5-o) ORDINANCE NO. 32-02: An ordinance annexing 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. (Approved, 5-0) 08-06-2002 11. 12. 13. 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. 35-02: An ordinance amending the Future Land Use Map (small-scale) from County MR-5 (Medium Residential 5-units per acre) to City ED (Low Density Residential 0-5 du/ac) and annexation with initial zoning of R-l-AAA (single Family Residential) for the Koeser Residence, located on the west side of Barwick Road, approximately 260 feet north of the L-31 canal (13341 Barwick Road). If passed, a quasi-judicial (as to zoning) public hearing will be scheduled for August 20, 2002. (Approved, 5-0) ORDINANCE NO. 36-02: An ordinance rezoning from R-l-AA (Single Family Residential) to RM (Multiple Family Medium Density Residential) a parcel of land located on the south side of S.E. 5~h Street, approximately 160 feet east of S.E. 6~h Avenue (Federal Highway). If passed, a quasi-judicial public hearing will be scheduled for August 20, 2002. (Approved, 5-0) ORDINANCE NO. 34-02: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by enacting Section 35.056 "Designation of Personnel as Critical to Security". If passed, a public hearing will be held on August 20, 2002. (Approved, 5-0) COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission ******* Meeting ad]ourned at S.'45 p.m. ****** 08-06-2002