10-15-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, October 15, 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, 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. (Commissioner Perlman absent)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (The Mayor noted the addition of Proclamation Item 6.1, Delray Beach
Orchid Society, and Consent Agenda Item - 8.R, License Agreement/NETdelivery, to the agenda. Item
10.A, Resolution No. 83-02, was withdrawn due to a request from the Community Redevelopment
Agency (CRA) and Item 10.F, Ordinance No. 52-02, was withdrawn due to a request from staff;
Approved as amended, 4-0)
APPROVAL OF MINUTES:
October 1, 2002 - Regular Meeting (Approved, 4-0)
October 7, 2002 - Special Meeting (Approved, 4-0)
October 8, 2002 - Special Meeting (Approved, 4-0)
PROCLAMATIONS:
B.
C.
D.
E.
F.
Recognizing and Commending Eula Mason-Berry
Commending S.D. Spady Elementary- "A" on FCAT
Commending Morikami Elementary - "A" on FCAT
National Epilepsy Awareness Month - November 2002
Children's Home Society 10ffh Year Anniversary - November 2002
Jewish War Veterans/Ladies Auxiliary of Broward/Palm Beach County Council Week -
November 3, 2002 - November 10, 2002
National Bible Week - November 24, 2002 - December 1, 2002
Recognizing and Commending Urban League of Palm Beach County
Delray Beach Orchid Society's 1Zh Annual Show - October 25, 2002 - October 27,
2002
PRESENTATIONS:
Delray Youth Vocational Charter School - Officer Punn
Lights On After School Program -Janet Meeks
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
FINAL SUBDIVISION PLAT APPROVAL/STONE STATION: Approve the
subdivision plat for Stone Station Florida, Inc., located on the southwest corner of S.W.
Th Street and Auburn Avenue.
B. FINAL SUBDIVISION PLAT APPROVAL/COLNON REPLAT: Approve the
subdivision plat for the Colnon Replat located south of N.W. 11~h Street on Lake Ida.
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C. ACCEPTANCE OF EASEMENT DEED/DELRAY PARK OF COMMERCE:
Approve and accept an easement deed associated with the development of Delray Park
of Commerce, Tract D (Grand Bahamas Professional Park) located on the east side of
N.W. 1Th Avenue (Park of Commerce Boulevard) at Fountain's Way.
AUBURN TRACE HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
Auburn Trace Homeowners' Association allowing the Delray Beach Police Department
to enforce local and state traffic laws on its property.
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY: Approve an interlocal agreement between the City of Delray Beach and the
Community Redevelopment Agency (CRA) for furnishing/administration of
professional engineering services.
AGREEMENT/EXPANDING AND PRESERVING OUR CULTURAL
HERITAGE (EPOCH): Approve the modified funding agreement and Amendment
No. 1 to the lease agreement for Spady House between the City of Delray Beach and
Expanding and Preserving Our Cultural Heritage (EPOCH).
SPECIAL EVENT REQUEST/SKATE THE SUNSHINE STATE: Approve a
special event request for Skate the Sunshine State sponsored by Style Ventures, Inc.
which will pass through Delray Beach on November 10, 2002, granting a temporary use
permit per LDR Section 2.4.6(H) for use of Anchor Park as a pit stop area, and to
authorize staff assistance for escorting the skaters through town and trash removal;
contingent on the sponsor providing liability insurance and a hold harmless agreement.
SPECIAL EVENT REQUEST FOR 3rd ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 3~d Annual
Delray Beach Thanksgiving Art Fair to be held on November 30, and December 1,
2002 from 10 a.m. to 5 p.m., to grant a temporary use permit per LDR Section 2.3.6(H)
for the closure of N.E. 2~d Avenue, from N.E. 1st Street to N.E. Th Street, and to
authorize staff support for traffic control and security.
FINAL CLOSEOUT SETTLEMENT/CAROLINA CABANA: Approve the
negotiated final closeout settlement between the City of Delray Beach and Carolina
Cabana for past due payments.
LICENSE AGREEMENT/BAKA ENTERPRISES OF FLORIDA, L.L.C.:
Consider approval of a license agreement with BAKA Enterprises, Inc. for the use of
the Tennis Center Stadium for a boxing event to be held from 6:00 p.m. until 11:00
p.m. on December 7, 2002.
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $25,000.00 for N.W. 1st
Street. This brings the number to 149 homeowners assisted under the Renaissance
Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
10-15-2002
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant,contract award through Community Development
Division in the amount of $24,837.55 to South Florida Construction (202 S.W. ffh
Court). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation
Grant).
CHANGE ORDER NO. 1/FINAL PAYMENT/CHAZ EQUIPMENT CO.,
INC.: Approve Change Order No. 1 in the amount of $100,531.81, and final payment
in the amount of $183,712.37 to Chaz Equipment Co., Inc. for Seacrest Del-Ida
Neighborhood Improvements Project. Funding is available from 370-3162-541-65.43
(Lake Ida Road), 334-6111-519-65.12 (N.E. 2'~ Avenue), 442-5178-536-63.90
(Water/Sewer/Other Improvements), and 448-5461-538-63.90 (Storm Water/Other
Improvements).
AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY:
Approve an agreement for consultant/lobbying services between the City and Kathleen
E. Daley in the amount of $48,000.00 for the period October 1, 2002 through
September 30, 2003. Funding is available from 001-1111-511-34.90 (General
Fund/Other Contractual Services).
CONTRACT RENEWAL/LANGTON ASSOCIATES: Approve renewal of the
consulting agreement between the City of Delray Beach and Langton Associates for
grant writing services for a term of one (1) year.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 30, 2002 through October 11, 2002.
AWARD OF BIDS AND CONTRACTS:
Contract award to National Auction Company for auctioneering services at
2.65% of gross receipts of the auction and $10.00/hour for additional
administrative services.
Bid award to various vendors for the purchase of gasoline and diesel fuel via the
Palm Beach County Co-op Bid #02-145/PP at an estimated annual cost of
$451,547.85. Funding is available from 445-4714-572-52.11 (Golf Course
Fuel/Oil Other), 446-4714-572-52.11 (Lakeview Fuel/Oil Other), and 501-
3311-591-52.51 (Central Garage Inventory - Fuel).
Bid award to Club Car, Inc. for the purchase of eighty (80) golf carts for the
Delray Beach Municipal Golf Course in the amount of $112,260.00. Funding is
available from 445-4761-572-64.90 (Delray Beach Municipal Golf Course
Fund/Other Machinery/Equipment).
Bid award to Fine Built Construction, Inc. for demolition of Breezy Ridge and
Owens Baker Road properties in the amount of $122,663.00.
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10-15-2002
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LICENSE AGREEMENT/NETDELIVERY SOFTWARE: Approve a software
license agreement between the City and NETdelivery Corporation, Inc. for the Delray
Beach Police DeparUnent for preparation and electronic transmission of police reports.
REGULAR AGENDA:
WAIVER REQUEST/CALYPSO BAY TOWNHOMES: Consider a request to
waive LDR Section 2.4.6(H) regarding temporary use permits to allow an off-site
temporary sales office for the Calypso Bay Development located on the west side of
Gleason Street, approximately 100 feet south of Miramar Drive. (Quasi-JudiciM
Hearing) (Approved subject to staff recommendations, 4-0)
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CONTRACT AWARD/ARTHUR J. GALLAGHER: Consider approval of a
contract award to various insurance companies as negotiated by our broker, Arthur J.
Gallagher, for the City's Property and Casualty Insurance Policies without the third
party excess liability coverage effective October 1, 2002 at the annual premium of
$1,274,051.00. (Motion was set to approve Option Two (2) minus excess liability premium
and budget transfer of $63,000; Approved, 4-0)
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AMENDMENT NO. 3/TENNIS CENTER MANAGEMENT AGREEMENT:
Consider approval of Amendment No. 3 to the Tennis Center management agreement
between the City of Delray Beach and Dubin & Associates, Inc. regarding an
adjustment of the management fee. (Approved, 4-0)
D. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) regular member to the Site Plan Review and Appearance
Board to fulfill an unexpired term ending August 31, 2003. Based upon the rotation
system, the appoinunent will be made by Commissioner Levinson (Seat #3). (Approved,
4-0)
AMENDMENT TO DELRAY MERCHANT'S ASSOCIATION
10.
AGREEMENT: Consider approval of an amendment to the agreement between the
City of Delray Beach and Delray Merchant's Association regarding repayment of a
$30,000 loan associated with administrative and production costs for the "Celebrate the
Soul of Delray" event. (Approved subject to partnership going forward; 4-0)
PUBLIC HEARINGS:
RESOLUTION NO. 83-02: Approve Resolution No. 83-02 providing for the
transfer, conveyance, and lease of real property and acceptance of a Tri-Party agreement
between the City, Community Redevelopment Agency, and Delray Beach Public Library
Association, Inc. (Pulled by Community Redevelopment Agency)
INTERLOCAL AGREEMENT: Approve an interlocal agreement between
City of Delray Beach, Community Redevelopment Agency (CRA), Delray Beach
Public Library Association, Inc. and Palm Beach County for shared parking
regarding the relocation of the library. (Pulled by Community Redevelopment
Agency)
10-15-2002
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ORDINANCE NO. 51-02: An ordinance modifying the Special Activities District
(SAD) ordinance and Silver Terrace Redevelopment Plan to allow Single Family
detached dwellings on lots lying within Blocks 2 and 3 of the Silver Terrace Subdivision
fronting on Dixie Highway (except corner lots) to take access from Dixie Highway.
(Approved, 4-0)
ORDINANCE NO. 16-02 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2002-01): Consider on second reading an ordinance adopting
Comprehensive Plan Amendment 2002-01 and associated Future Land Use Map
(FLUM) amendments. Amendment 2002-01 includes: (Approved, 4-0)
Modification of Policy A-2.5 of the Future Land Use Element, relating to updating
the Land Development Regulations regarding non-conforming uses to reflect a new
completion date of FY 02/03.
Eliminate Policy A-5.1 of the Future Land Use Element relating to updating the
Land Development Regulations for consistency with Comprehensive Plan
Amendment 97-1, (accomplished).
Eliminate Policy A-5.6 of the Future Land Use Element regarding the need to
increase densities in the GC (General Commercial) Zone District, (accomplished).
Eliminate Policy B-I.1 of the Future Land Use Element regarding the establishment
of a neighborhood park in the Blood's Hammock Grove Area, (accomplished).
Modification of Policy C-4.2 of the Future Land Use Element in order to
acknowledge adoption of the Downtown Business Plan, and provide that all future
development will be consistent with the plan.
Modification of Public Schools Facilities Table A-I.1 (Standards for Tiered Level of
Service) and Table A-1.2 (Maximum Utilization Table) to reflect the most current
available information from the Palm Beach County School Board.
Modification of Table CI-CIP of the Capital Improvement Element to reflect
changes associated with approved budget for FY 2002-03.
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.
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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.
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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.
10-15-2002
11.
12.
ORDINANCE NO. 49-02: An ordinance rezoning from County AR (Agricultural
Residential) in part, CG (General Commercial) in part, and RTU (Residential
Transitional Urban) to City PRD (Planned Residential Development) in part and PC
(Planned Commercial) in part for eleven parcels of land (54.5 acres) located north of
Lake Ida Road, between Barwick Road and Military Trail. (Quasi-Judicial Hearing)
(Approved, 3-0; Commissioner Levinson left dais)
ORDINANCE NO. 50-02: An ordinance rezoning from County PUD (Planned Unit
Development) to City PRD (Planned Residential Development) for 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 L-30 Canal. (Quasi-Judicial Hearing)
(Approved, 4-0; Commissioner Levinson returned to dais)
ORDINANCE NO. 52-02: An ordinance rezoning from R-l-AA (Single Family
Residential) to CBD (Central Business District) a parcel of land located on the north
side of S.E. 4~h Street, approximately 127 feet east of S.E. 6~h Avenue (northbound
Federal Highway) associated with the Meridian Mixed-Use Development. (Quasi-
Judicial Hearing) (Pulled by Staff)
RESOLUTION NO. 82-02: Approve Resolution No. 82-02 providing for the
transfer of a City owned parcel and acceptance of an interlocal agreement between the
City of Delray Beach and the Community Redevelopment Agency (CRA) for the
acquisition of property located along the east side of S.W. 5th Avenue just north of
S.W. 2nd Street. (Approved, 4-0)
RESOLUTION NO. 81-02: Approve Resolution No. 81-02 authorizing the
Community Redevelopment Agency (CRA) to acquire property by eminent
domain. (Approved, 4-0)
ORDINANCE NO. 42-02: An ordinance amending Chapter 2, "Administrative
Provisions", Article 2.4 "General Provisions" Section 2.4.3(I<2)(2) "Plan Check Fees",
and Section 2.4.3(I<2)(3) "Permit Fees", of the Land Development Regulations to
provide for an increase. (Approved, 4-0)
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:
A. NONE
10-15-2002
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 7:45 p.m. ~~
POSTED: OCTOBER 11, 2002
10-15-2002