12-03-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, December 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.
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.
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.
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4.
5.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. /Approved, 5-0/
APPROVAL OF MINUTES:
· November 19, 2002 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
· NONE
PRESENTATIONS:
A. Site Plan Review and Appearance Board (SPRAB) Awards
B. "All About Me" Contest Winners - Delray Beach Parks and Recreation Deparm~ent
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A.
FINAL SUBDIVISION PLAT APPROVAL/DELRAY 403: Approve the
subdivision plat for Delray 403, located on the northeast side of S.E. 1st Street and S.E.
4m Avenue.
FINAL SUBDIVISION PLAT APPROVAL/MERIDIAN: Approve the
subdivision plat for the Meridian, located on the east side of S.E. 6~h Avenue, between
S.E. 3~ Street and S.E. 4m Street.
RESOLUTION NO. 84-02/ABANDONMENT OF WATER
EASEMENT: Approve the abandonment of a 12' wide water easement lying
within a portion of Lots 3 and 4, Blank-Nichols Subdivision along with the
combined preliminary/final plat for a 1.973 acre development known as the
Meridian, located on the east side of S.E. 6~h Avenue (Northbound Federal
Highway), between S.E. 3~ Street and S.E. 4~h Street.
RESOLUTION NO. 95-02/ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a 6' wide utility easement within the Plat of Sabal Lakes
Phase Three, located east of Barwick Road and north of the L-31 Canal off of Seagrape
Circle.
RESOLUTION NO. 96-02: Approve Resolution No. 96-02 assessing costs for the
demolition of an unsafe structure located at 234 S.W. 10m Avenue.
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PURCHASE OF RECTRAC SOFTWARE: Approve the purchase of the RecTrac
software in the amount of $46,625.00 for the Delray Beach Parks and Recreation
Department to synchronize payments and registration at all six (6) remote sites with a
link to the AS400. Funding is available from 115-4925-572-64.90 (Special Projects
Fund/After School Program/Other Machinery/Equipment).
CHANGE ORDER NO. 1/FINAL PAYMENT/G.T.E. BUILDERS, INC.:
Approve Change Order No. 1 in the amount of $10,887.20, and final payment in the
amount of $18,017.01 to G.T.E. Builders, Inc. for the Community Teen Center (505)
Project. Funding is available from 117-6111-519-63.40 (Recreation Impact
Fee/Recreation Improvements), 334-6111-572-62.09 (Delray Youth Teen Council), and
442-5178-536-61.83 (Water/Sewer/Lift Station Rehabilitation).
CHANGE ORDER NO. 1/FINAL PAYMENT/CORNERSTONE
BUSINESSES, INC.: Approve Change Order No. 1 in the amount of a $21,000.00
decrease, and final payment in the amount of $33,651.00 to Cornerstone Businesses,
Inc. for the Barrier Island 16" ICWW Force Main Crossing Project. Funding is
available from 441-5161-536-69.23 (Water/Sewer Fund).
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant,contract award through Community Development
Division in the amount of $21,000.00 to Preston Construction (329 S.W. 1Zh Avenue).
Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
SPECIAL EVENT REQUEST/HOWARD ALAN 14TM ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 14~h
annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on
January 18 and 19, 2003, granting a temporary use permit per LDR Section 2.4.6(H) for
street closure of Atlantic Avenue, east of N.E./S.E. 6~h Avenue east to Salina, and
Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street
closure permit; authorize staff support for security and traffic control, and permit an
event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the
event with the sponsor paying all overtime costs; contingent on sponsor providing a
certificate of liability insurance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 18, 2002 through November 29, 2002.
HUMAN RESOURCES MANAGEMENT PARTNERS, INC./SALARY
STUDY: Approve the three percent (3%) base rate adjustment for general employees
and other pay plan adjustments as recommended by Human Resources Management
Partners, Inc. to be effective December 1, 2002.
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L. AWARD OF BIDS AND CONTRACTS:
Contract award to Insituform Technologies, Inc. in the amount of $528,972.00
for trenchless sanitary sewer rehabilitation of 9,112 feet of gravity sewer (System
17/Barrier Island). Funding is available from 442-5178-536-63.51 (Sewer
Mains).
Bid award to various vendors for the purchase of chemicals and fertilizers via
Co-op Bid #2002-43 for a total amount of $183,000.00. Funding is available
from 001-4131-572-52.26 (General Fund/Gardening Supplies), 445-4714-572-
52.26 (Delray Beach Municipal Golf Course Fund/Gardening Supplies), 446-
4714-572-52.26 (Lakeview Golf Course Fund/Gardening Supplies), and 001-
4511-539-52.26 (General Fund/Gardening Supplies).
Lease award to Meats Motor Leasing in the amount of $28,000.00 for FY 2002
for the lease of five (5) police vehicles under the Florida Sheriff's Association
and Florida Association of Counties, Bid #02-10-0826. Funding is available
from 001-2115-521-44.40 (Rental and Lease Vehicles).
REGULAR AGENDA:
A. PUBLIC FINANCIAL MANAGEMENT, INC. PRESENTATION
RESOLUTION NO. 90-02: Consider approval of Resolution No. 90-02 authorizing
the negotiated sale of the City's Utility Tax Revenue Refunding Bonds, Series 2002, in
the aggregate principal amount of not exceeding $16,500,000 for the purpose of paying
and defeasing the City's Utilities Tax Revenue Refunding and Improvement Bonds,
Series 1992; Utilities Tax Revenue Refunding and Improvement Bonds, Series 1994;
Utilities Tax Revenue Bonds, Series 1995; Utilities Tax Revenue Bonds, Subordinate
Series 1996; and Utilities Tax Revenue Bonds, Subordinate Series 1998 (Collectively the
"Refunded Bonds"). (Approved, 5-0)
RESOLUTION NO. 91-02: Consider approval of Resolution No. 91-02 authorizing
the issuance of not exceeding $18,000,000 in the initial aggregate principal amount of
the City's General Obligation Refunding Bonds, Series 2002 (Decade of Excellence
Program); providing for the form and terms of the bonds. (Approved, 5-0)
RESOLUTION NO. 92-02: Consider approval of Resolution No. 92-02 authorizing
the negotiated sale of the City's General Obligation Refunding Bonds, Series 2002
(Decade of Excellence Program) in the initial aggregate principal amount of not
exceeding $18,000,000. (Approved, 5-0)
BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY 2002
bonus payment to JCD Sports Group for golf operations in the amount of $13,650 and
for Tennis Center operations in the amount of $2,360. Funding is available from 445-
4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual
Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Services), and
001-4215-575-34.90 (General Fund/Other Contractual Services). (Approved with staff
recommendation, 5-0)
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CONDITIONAL USE REQUEST/ALBATROSS CHILD CARE CENTER:
Consider a request for conditional use approval to allow the establishment of a child
care facility for Albatross Child Care Center, located at the southeast corner of
Albatross Road and Curlew Road. (Quasi-Judicial Hearing) (Motion to deny the
conditional use request; Approved, 5-0)
PROPOSAL/VILLAGE FOUNDATION: Consider approval of a proposal from
the Village Foundation, Inc. for a partnership with the Delray Beach Parks and
Recreation DeparUnent for teen programming at Pompey Park in the amount of
$23,000.00. Funding is available from 115-4101-572-49.90 (Special Projects Fund).
(Approved, 5-0)
RESOLUTION NO. 94-02: Consider approval of Resolution No. 94-02 authorizing
the acquisition of property by eminent domain for parking purposes. (Approved, 5-0)
CLARIFICATION/APPEAL OF HISTORIC PRESERVATION
BOARD/TREEHOUSE: Consider a request from the City Attorney for the purpose
of clarification regarding the motion made on November 19, 2002. (First Motion was to
rescind previous motion made on November 19, 2002; Approved 4-0. Second Motion was to
approve the appeal with the applicant's conditions; Tie Vote 2-2. The second motion failed due
to the tie vote. Therefore, the decision of the Historic Preservation Board was upheld. Since
Commissioner Archer was absent on November 19, 2002, she stepped down.)
APPOINTMENTS TO THE PEDESTRIAN-BICYCLE TASK TEAM: Appoint
10.
seven (7) members to the Pedestrian-Bicycle Task Team. According to Resolution No.
88-02, each member of the City Commission will appoint members to the Pedestrian-
Bicycle Task Team with the task team membership electing a Chairperson. Based on
the rotation system, the appointments 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 Richard Connell and
approved, 5-0; appointed Stefanie Gapinski and approved, 5-0; appointed Bob Griek and
approved, 5-0; appointed Leslie Horenburger and approved, 5-0; appointed Eileen Marks and
approved, 5-0; appointed Albert Richwagen and approved, 5-0; appointed James Smith and
approved 5-0)
PUBLIC HEARINGS:
Ao
ORDINANCE NO. 47-02 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2002-02): Consider on second reading an ordinance
adopting Comprehensive Plan Amendment 2002-02 and associated Future Land Use
Map (FLUM) amendment. Amendment 2002-02 includes: (Approved, 5-0)
· Modification of the definitions' section of the Public Schools Facilities Element, by
adding numerous new definitions.
Modification of Policy B-2.1 of the Future Land Use Element, regarding
Concurrency, to add specific language with respect to Public School Concurrency
Review.
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12.
Modification of Policy A-2.4 of the Future Land Use Element, regarding the
location of the automobile dealerships, to decrease the area which dealerships
should be directed to, as a result of a rezoning which expanded the CBD (Central
Business District).
Modification of the Inventory and Analysis section of the Coastal Management
Element to reflect the recent completion of the Beach Renourishment Proiect.
Modification of the Introduction and Summary of Major Features (Planning Area
subsection), Obiective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use
Element, all regarding the provision of services to land within the planning area.
Privately initiated Future Land Use Map amendment from LD (Low Density
Residential, 0-5 du/ac) to CC (Commercial Core) for a 0.025 acre 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.
ORDINANCE NO. 52-02: An ordinance rezoning from R-l-AA (Single Family
Residential) to CBD (Central Business District) for a 0.025 acre 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) (Approved with conditional variance, 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. 53-02: An ordinance modifying Ordinance No. 4-99 by
amending Subsection 4.6.9(E), "Location of Parking Spaces" of the Land Development
Regulations to extend the In-Lieu of Parking Fee regulations. If passed, a public
hearing will be scheduled for January 7, 2003. (Approved with direction to staff, 5-0)
ORDINANCE NO. 54-02: An ordinance revising Ordinance No. 51-02 to clarify
that Lot 3 of Block 2 and Lot 3 of Block 3 of the Silver Terrace Subdivision are
included in Ordinance No. 51-02. If passed, a public hearing will be scheduled for
January 7, 2003. (Approved, 5-0)
ORDINANCE NO. 55-02: An ordinance amending Chapter 111, "Advertising" of
the City Code of Ordinances by enacting a new Section 111.18, "Distributing
Commercial and Non-Commercial Handbills in Public Places". If passed, a public
hearing will be scheduled for January 7, 2003. (Approved, 4-1; Commissioner McCarthy
dissenting)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting ad/ourned at 8:30p.m. ~~
POSTED: NOVEMBER 27, 2002
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