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06-06-00 ResultsAeenda Results APPELLATEPROCEDURES 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. AGENDA 2. 3. 4. 5. Roll Call. Invocation. Everyone present Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Regular Meeting of May 16, 2000 Approved 5-0 Proclamations: In recognition of June 14, 2000 as the 225th Birthday of the United States Army and declaring June 12-18, 2000 as United States Army Week. Recognizing and commending Alfred Etienne for his contributions to the community and on being the sixth recipient of Governor Bush's "Points of Light" Award. Presentations: Employee Suggestion Award - James Hilgenfeldt, Senior Fleet Technician Consent Agenda: Approved, as amended, 5-0. Item 8A was moved to 9AA; item 8E, was moved to 9AAA. Mayor noted agenda addendum, adding item 6C RESOLUTION NO. 46-00: Approve a resolution authorizing the execution of a Highway Beautification Grant and Maintenance Memorandum of Agreement between the Florida Department of Transportation (FDOT) and the City for Atlantic Avenue from Swinton Avenue west to NW/SW 2nd Avenue. ~ Approved 5-0 ~ RIGHT-OF-WAY DEED, H DSCAPE MAINTENANCE AGREEMENT/GOODWILL INDUSTRIES: Accept a right-of-way deed, hold harmless agreement and Regular Commission Meeting June 6, 2000 landscape maintenance agreement associated with Goodwill Industries at 1640 North Federal Highway. The subject property is located approximately 600 feet north of N.E. 14th Street between North Federal Highway and Old Dixie Highway, within the GC (General Commercial) district and the North Federal Highway Redevelopment Area. C. AGREEMENT FOR SIDEWALK IMPROVEMENTS/GOODWILL Do INDUSTRIES: Approve an agreement between the City and 1640 Federal Highway, L.C. (Goodwill Industries) to allow the deferral of sidewalk improvements along Old Dixie Highway until such time as the City requests the sidewalk to be constructed. ACCEPTANCE OF EASEMENT DEED/GOODWILL INDUSTRIES: o Accept an easement deed conveying to the City a 12 ft. utility easement for an existing east/west water main which crosses the property at 1640 North Federal Highway, associated with Goodwill Industries. CROSS ACCESS EASEMENT AND PARKING AGREEMENT/URDL'S Approved 4-0 Mayor stepped down Fo WATERFALL CREATIONS: Approve a cross access easement and parking agreement for Urdl's Waterfall Creations, located on the south side of N.W. 1st Street approximately 430 feet west of Congress Avenue. AGREEMENT FOR SIDEWALK IMPROVEMENTS/STORAGE AMERICA: Go Ho Approve an agreement between the City and Storage America L.L.C. to allow the deferral of sidewalk improvements within the S.W. 14th Avenue right-of-way, associated with the construction of a self-storage facility, until such time as the City requests the sidewalk to be constructed. The subject property is located on the north side of S.W. 10th Street between S.W. 14th & 15th Avenues. RIGHT-OF-WAY USE AGREEMENT WITH E.SPIRE: Approve a right-of-way use agreement with American Communication Services of Jacksonville, Inc. d/b/a E.Spire to allow that company to use the City's rights-of-way in order to install cable for telecommunication services. DEVELOPER'S AGREEMENT/WINTERPLACE PUD: Approve an agreement between the City and Brighton at Delray Beach, L.C., the developer of Winterplace PUD, which provides for a reduction in connection fees in exchange for the developer installing larger force main piping to accommodate future flows. -2- Regular Commission Meeting June 6, 2000 HOLD HARMLESS AGREEMENT/COURTYARDS OF DELRAY: Approve a hold harmless agreement between New Urban Communities Corp., the developer of Courtyards of Delray, and the City wherein the City agrees to act as the utility permit applicant for the purpose of constructing water main extensions within FDOT right- of-way (northbound and southbound Federal Highway) and the developer agrees to hold the City harmless for the work performed under the permit. J. FUNDING SUBSIDIES UNDER DELRAY BEACH RENAISSANCE Ko PROGRAM: Approve funding subsidies in the total amount of $98,182.66 for five (5) income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the 102nd, 103rd, 104th, 105th and 106th homeownership assistance grants provided through the program to-date. SUBORDINATION OF MORTGAGE/COMMUNITY DEVELOPMENT BLOCK L o GRANT PROGRAM: Authorize and approve subordination of the City's second mortgage in the amount of $12,333.33 to allow the homeowner to secure a new loan for debt consolidation. SUBSTITUTE SUBRECIPIENT FUNDING AGREEMENT UNDER CDBG Mo PROGRAM: Approve the termination of a subrecipient funding agreement with Business & Economic Development & Revitalization (BEDR) Corporation, and the substitution of the Fair Housing Center of Greater Palm Beaches, Inc. as the new service provider for the remaining four months of the contract. MODIFICATION OF STANDARDS FOR APPROVAL/BOAT LIFT AT No 1708 SOUTH OCEAN BOULEVARD: Approve modifications to the standards for approval pursuant to LDR Section 7.9.11 and 7.9.5(B) to allow the construction of a boat lift at 1708 South Ocean Boulevard. REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS: Oo Accept the actions and decisions made by the Land Development Boards for the period May 15, 2000 through June 2, 2000. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the Portacel Disinfection amount of $51,019 to Systems through the -3- Regular Commission Meeting June 6, 2000 authorized manufacturer's representative RC Beach & Associates, sole source vendor, for the purchase of upgraded manufacturer replacement parts for the Water Treatment Plant's chlorinators, with funding from 442-5178-536- 61.76 (Water & Sewer R&R - Equipment Replacement Program). o Bid award in the total amount of $352,909.09 to Ahrens Enterprises, Inc. d/b/a Ahrens Companies for construction of the ESD Maintenance Building Expansion ($133,547.00) and Parks Haintenance Building Expansion ($215,136.00), plus alternate one ($1,846.79) for painting the ESD maintenance building after completion and alternate two ($2,379.30) for masonry door enclosure in ESD Administration Building, with funding in the amount of $215,136 from 334-4131-572-62.10 (Parks Haintenance Building) and $137,773.09 from 441- 5161-536-62.10 (W&S Buildings - ESD Maintenance Expansion). o Contract award in the amount of $15,500.00 to E.C. Stokes Mechanical Contractor, Inc. for the City Hall HVAC, Chillers and Tracer Unit annual maintenance contract, with funding from 001-1802- 512-46.20 (Equipment Haintenance) . o Purchase order addition in the amount of $18,500.00 to Colonna Construction, under existing contract via Broward County pricing, for miscellaneous asphalt repairs and patching as a result of utility work within paved areas, with funding from 442-5178-536-31.90 (Water & Sewer R&R - Other Professional Services). o Regular Agenda: A. RESOLUTION NO. 47-00 (RESOLUTION OF NECESSITY FOR PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT): Approved 5-0. Motion to approve with a 20 year pay back. Consider approval of a resolution declaring the necessity for public improvements for that segment of Pineapple Grove Way from the first alley intersection just north of Atlantic Avenue to N.E. 4th Street, and directing the establishment of a special assessment district to defray a part of the expense for such improvements. -4- Regular Commission Meeting June 6, 2000 B. RESOLUTION NO. 48-00 (SETTING PUBLIC HEARING DATE FOR PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT): Approved 5-0 Approved 5-0 D. Consider approval of a resolution setting the public hearing date as July 25, 2000 for the establishment of the Pineapple Grove Phase II Special Assessment District, and providing for the mailing and publication of required notices. RELOCATION OF THE HISTORICAL GREEN MARKET: Consider a request to relocate the Historical Green Market to the Tennis Center parking lot. CONDITIONAL USE REQUEST/OUTDOOR DINING FOR DADA Approved 5-0, subject to conditions noted on back-up LOUNGE: Consider a request for conditional use approval to establish an outdoor dining area which operates at night for DaDa Lounge (f/k/a Damiano's) . The subject property is located at the southwest corner of Swinton Avenue and N.W. 1st Street, and is zoned OSSHAD (Old School Square Historic Arts District). QUASI-JUDICIAL PROCEEDING CONDITIONAL USE MODIFICATION/HESS GASOLINE STATION: Approved 5-0, subject to conditions noted on backup Consider a request for conditional use modification to allow the demolition of an existing Hess Gasoline Station and reconstruction of a new gasoline station with a convenience store. The subject property is located on the east side of Hilitary Trail, approximately 400 feet north of West Atlantic Avenue, and is zoned GC (General Commercial) District. QUASI- JUDICIAL PROCEEDING F. CONDITIONAL USE REQUEST/THE CAR PLACE UNLIMITED: Approved 5-0. No vehicle is to be left outside overnight Consider a request for conditional use approval to allow the establishment of a window tinting operation and the installation and sales of car stereos and security devices for The Car Place Unlimited, Inc. within the Congress Square Industrial development. The subject property is located at the northeast corner of Congress Avenue and Marty Fladell Drive, and is zoned HIC (Hixed Industrial and Commercial) District. QUASI-JUDICIAL PROCEEDING FLORIDA MUNICIPAL INSURANCE TRUST/TRUSTEE NOMINATIONS: Tabled to the 20th of June, 2000 Consider if there is any interest in having a City Commission member's name placed in nomination for -5- Regular Commission Meeting June 6, 2000 election to the Florida Hunicipal Board of Trustees. H. SPECIAL EVENT REQUEST/ART & JAZZ Insurance Trust ON THE AVENUE: Approved 5-0 Consider a request for special event approval for Art & Jazz on the Avenue scheduled for June 29, 2000, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. 10. Public Hearings: A. RESOLUTION NO. 45-00 (SEACREST/DEL-IDA SPECIAL Approved 4-1. Mr. Perlman dissented B o ASSESSMENT DISTRICT): Consider approval of a resolution for the certification and adoption of the preliminary assessment roll for the Seacrest/Del-Ida special assessment district. ORDINANCE NO. 13-00 (FIRST READING/FIRST PUBLIC Approved 5-0 C o HEARING): An ordinance amending Appendix A, "Definitions", of the Land Development Regulations regarding dwelling units and other habitable structures. If passed, a second public bering will be scheduled for June 20, 2000. ORDINANCE NO. 12-00 (FIRST READING/FIRST PUBLIC Approved 5-0 11. 12. 13. HEARING): An ordinance amending LDR Section 4.4.18(B) (4) to allow limousine services as a principal use within the Service Industry land use category of the Planned Commerce Center (PCC) District. If passed, a second public hearing will be scheduled for June 20, 2000. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. Xo City Hanager's response to prior public comments and inquiries. B. From the Public. First Readings: None Comments and Inquiries on Non-Agenda Items. Xo City Manager City Attorney City Commission -6- Adjourned m 9:30