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09-03-02 Results
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, September 3, 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 change to "Exhibit A" of Consent Agenda Item - 8.D - Downtown Horse & Carriage, Inc. Agreement; Consent Agenda Item 8.C, Resolution No. 71-02, was withdrawn due to a request from the applicant; Approved as amended, 5-0) APPROVAL OF MINUTES: August 20, 2002 - Regular Meeting (Approved, 5-0) August 27, 2002 - Special Meeting (Approved, 5-0) PROCLAMATIONS: Sickle Cell Awareness Month - September 2002 Kfids Day America/International - September 28, 2002 Breast Cancer Awareness Month - October 2002 PRESENTATIONS: A. None CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) FINAL SUBDIVISION PLAT APPROVAL/GLEASON STREET VILLAS: Approve the subdivision plat for Gleason Street Villas, located on the west side of Gleason Street, approximately 1,200 feet south of East Atlantic Avenue. FINAL SUBDIVISION PLAT APPROVAL/ROYAL COMMERCIAL PARK OF DELRAY PLAT NO. 2: Approve the subdivision plat for Royal Commercial Park of Delray Plat No. 2, located on the east side of Congress Avenue, approximately 290 feet north of West Atlantic Avenue. RESOLUTION NO. 71-02: Approve the abandonment of the 16' north-south alley within the Blank-Nichols Subdivision together with the 16' north-south alley running through the center of the north 87.5 feet of the south half of Block 120, Town of Delray Plat, for the proposed Meridian mixed-use development. (PULLED; Item will come back at a later date) DOWNTOWN HORSE & CARRIAGE, INC. AGREEMENT: Approve an agreement between the City of Delray Beach and Downtown Horse and Carriage, Inc. for horse and carriage rides along Atlantic Avenue from November 22, 2002 through January 1, 2003. -2- 09-03-2002 E. DELRAY YOUTH ENRICHMENT DEVELOPMENT CENTER, INC. AGREEMENT: Approve the sub-recipient agreement for funding in the amount of $150,000.00 with the Delray Youth Enrichment Development Center, Inc. d/b/a Delray Youth Vocational Charter School under the 2001-2002 Community Development Block Grant (CDBG) Program. PALM BEACH COUNTY FUNDING AGREEMENT: Approve a funding agreement with the Palm Beach County Board of County Commissioners for reimbursement up to the amount of $100,000.00 to off-set renovation costs associated with the Delray Beach Teen Central Project. ARCHITECT AGREEMENT/WARD NORTHUP: Approve an agreement between the City of Delray Beach and Ward Northup in the amount of $46,500.00 for the needed improvements at the municipal golf course. Funding is available from 445- 4761-572-31.30 (Delray Beach Municipal Golf Course Fund/Engineering/Architect). MONTEREY HOUSE LEASE AGREEMENTS: Approve a Second Restated Lease and Restated Sublease for the property known as the Monterey House to reflect changes in rent, repair, and replacement fees of each party to the lease agreement. HOLD HARMLESS AGREEMENT/SUNDY ESTATES, L.C.: Approve a Hold Harmless Agreement between the City of Delray Beach and Sundy Estates, L.C. for the installation of a conduit within the City's right-of-way. HOLD HARMLESS AGREEMENT/FIDELITY FEDERAL BANK & TRUST: Approve a Hold Harmless Agreement with Fidelity Federal Bank and Trust for the installation/construction of a brick paver sidewalk within the State and City right-of-way along S.E. 5m Avenue and S.E. 1st Street, under the Florida DeparUnent of Transportation permit. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy for one (1) eligible applicant/family in the amount of $18,950.00 for 729 S.E. 2'~d Avenue. This brings the number to 148 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve Housing Rehabilitation grant,contract award through Community Development Division in the amount of $19,950.00 to Preston Construction, Inc. (302 Washington Avenue). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). RATIFICATION OF PARKING LOT NAMES: Ratify and approve the names of two (2) parking lots located in the West Atlantic Redevelopment Area on S.W. 4~h Avenue south of Atlantic Avenue (Frog Alley Lot) and N.W. 5~h Avenue between N.W. 1st Street and N.W. 2'~d Street (Sands Lot). 09-03-2002 ADDENDUM NO. 1/ROOTS CULTURAL FESTIVAL, INC. FUNDING AGREEMENT: Approve Addendum No. 1 to the funding agreement between the City of Delray Beach and Roots Cultural Festival, Inc. for a change in the expenditures of awarded funds. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 19, 2002 through August 30, 2002. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Fluid Conservation Systems, Inc. in the amount of $54,695.00 for water main leak detection equipment. Funding is available from 441-5161-536- 64.90 (Other Machinery/Equipment). 2. Purchase award to Otto Industries, Inc. (sole provider) in the amount of $21,719.00 for 588 sixty-eight (68) gallon garbage carts. Funding is available from 433-3711- 534-99.01 (Sanitation Fund/Project Reserve). REGULAR AGENDA: CONDITIONAL USE MODIFICATION REQUEST/LAKE IDA CHURCH OF CHRIST: Consider a conditional use modification request associated with the construction of a new 600 seat sanctuary and conversion of the existing sanctuary building to a Fellowship Hall for Lake Ida Church of Christ, located at the southwest corner of Lake Ida Road and Roosevelt Avenue. (Quasi-Judicial Hearing) (Approved subject to conditions, 5-0) CONDITIONAL USE REQUEST/GRANITE & MARBLE DESIGNS: Consider a request for conditional use approval to allow the establishment of a monument and ornamental stone cutting £acility for Granite & Marble Designs, located within the 321 Delray Plaza Building (known as Sera Building) at the northeast corner of Congress Avenue and Dr. Carol I4roll Way. (Quasi-Judicial Hearing) (Approved subject to conditions, 5-0) SPECIAL EVENT/CHILDREN'S HOPE SOCIETY 5K WALK/RUN: Consider approval of special event request to allow the 1st 5K Walk/Run sponsored by the Children's Hope Society Foster Parent Association, to be held on April 13, 2003 from 7:30 a.m. until approximately 1:00 p.m., including a temporary use permit per LDR Section 2.4.6(H) for the closure of sidewalks along Ocean Boulevard and Anchor Park, and authorize staff support for traffic control and stage set up/removal; contingent on the sponsors paying any overtime costs, providing a hold harmless agreement, and a certificate of liability insurance. (Approved, 5-0) -4- 09-03-2002 D. REQUEST FOR IN-LIEU PARKING SPACES/MERIDIAN: Consider 10. request by the Meridian for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00. The Meridian is located in the 300 Block of S.E. 6~ Avenue (Federal Highway Northbound). (Approved subject to agreement between parties, 5-0) REQUEST FOR IN-LIEU PARKING SPACES/SANDERSON BUILDING: Consider a request by the Sanderson Building for the purchase of five (5) in-lieu parking spaces in the amount of $60,000.00. The Sanderson Building is located at 630 East Atlantic Avenue. (Approved, 5-0) FY 2003 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2003 golf rates for the Lakeview Golf Course. (Approved, 5-0) FY 2003 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2003 golf rates for the Municipal Golf Course. (Approved, 5-0) FY 2003 TENNIS RATES/TENNIS CENTER: Consider approval of the proposed FY 2003 tennis rates for the Tennis Center. (Approved, 5-0) APPOINTMENTS TO THE PUBLIC ARTS TASK FORCE: Ratify four (4) members and appoint five (5) members to the Public Arts Task Force. According to Resolution No. 67-02, each member of the City Commission will appoint one (1) member to the Public Arts Task Force with the Mayor appointing a Chairperson from the membership. The appoinunents will be made by Commissioner Perlman (Seat #1), Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4) and Mayor Schmidt (Seat #5). (Appointed Dorothy Beck and approved, 5-0; appointed Digby Bridges and approved, 5-0; appointed Blane De St. Croix and approved, 5-0; appointed Richard Mc©loin (Chairman) and approved, 5-0; appointed Carolyn Pendelton-Parker and approved, 5-0; Approved ratification of four (4) members, 5-0)) PURCHASE AWARD/DELRAY BEACH POLICE DEPARTMENT: Consider approval of the purchase of six (6) Panasonic Toughbook 28 computers for the Police Department. (Approved, 5-0) PUBLIC HEARINGS: ORDINANCE NO. 37-02: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2002. (Approved, 5-0) RESOLUTION NO. 72-02 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2003. (Approved, 5-0) 09-03-2002 11. 12. RESOLUTION NO. 73-02 (TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2003. (Approved, 5-0) RESOLUTION NO. 74-02 (TENTATIVE BUDGET ADOPTION FOR FY 2003): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2002 through September 30, 2003. (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. 38-02: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 1.6% for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. (Approved, 5-0) ORDINANCE NO. 39-02: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential, and irrigation rates for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. (Approved, 5-0) ORDINANCE NO. 40-02: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2003. If passed, a public hearing will be scheduled for September 17, 2002. (Approved, 5-0) ORDINANCE NO. 41-02: An ordinance rezoning from RM (Multiple Family Residential - Medium Density) to CF (Community Facilities) a parcel of land located on the east side of Gleason Street, approximately 450 feet east of south East Atlantic Avenue (39 Gleason Street); associated with the First Presbyterian Church of Delray Beach. If passed, a quasi-judicial public hearing will be scheduled for September 17, 2002. (Approved, 5-0) ORDINANCE NO. 43-02: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan" of the City Code of Ordinances by enacting Subsection (M), "Early Retirement Incentive" to establish an early retirement incentive program for eligible employees. (Approved subject to actuals, 5-0) 09-03-2002 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission Meeting adjourned at Z'5Op.m. ~~ POSTED: AUGUST :30, 2002 09-03-2002