04-01-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, April 1, 2003
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.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor requested Item 8.K. 1, Contract award to Utility Service Company,
Inc., be moved to the Regular Agenda as Item 9.A.1; Item 9.B, Service Authorization No. 2/URS
Corporation, delayed to a date certain of April 15, 2003; Commissioner Levinson requested Item 9.D,
Appointment to the Community Redevelopment Agency, be deferred to a date certain of April 15, 2003;
City Attorney requested Item 10.D, Ordinance No. 8-03, be deferred to a date certain of April 15, 2003
for Public Hearing; Approved as amended, 5-0).
APPROVAL OF MINUTES:
March 13, 2003 - Regular Meeting (Approved, 5-0)
March 18, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
Days of Remembrance - Holocaust
Fair Housing Month - April 2003
Macular Degeneration Awareness Week- April 7-13, 2003
PRESENTATIONS:
International Tennis Championships - Mark Baron
Junior Golf Championship Awards - Sandra Eriksson, Director of Golf
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
RESOLUTION NO. 17-03/VANTAGE CARE RETIREMENT HEALTH
SAVINGS PLAN: Approve Resolution No. 17-03 amending the VantageCare
Retirement Health Savings Plan.
RESOLUTION NO. 18-03: Approve Resolution No. 18-03 assessing costs for action
necessary to remove junked and/or abandoned vehicles from nine (9) properties within
the City.
RESOLUTION NO. 19-03: Approve Resolution No. 19-03 assessing costs for action
necessary to abate nuisances on eight (8) properties throughout the City.
LANDSCAPE
MAINTENANCE
AGREEMENT/WONDERLAND
MANAGEMENT, INC.: Approve a landscape maintenance agreement between the
City of Delray Beach and Wonderland Management, Inc. located at 310 North Swinton
Avenue to allow existing landscaping to encroach into the right-of-way.
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04-01-2003
E. FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
Fo
Go
Ho
Jo
MALLORY SQUARE: Authorize the City to act as the general use permit applicant
for the installation of paver brick sidewalks within the state right-of-way (bounded by
S.E. 5~ Avenue, S.E. 6~ Avenue, S.E. 3~d Street, and S.E. 4~ Street) and approve a Hold
Harmless Agreement with the developer (Ironwood Properties, Inc.).
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant,contract awards through Community Development
Division in the amount of $23,835.00 to Craftsman Plus, Inc. (19 S.W. 9~ Street), and
$13,728.75 to Preston Construction (313 S.W. 8~ Avenue). Funding is available from
118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a
request for special event approval to allow the Easter Sunrise Service to be held April
20, 2003 from 6:15 a.m. until 7:30 a.m., including a temporary use permit for the closure
of South Ocean Boulevard from Atlantic Avenue to Miramar, the use of the pavilion,
staff support for traffic control, barricading, and EMS assistance on behalf of the
Delray Beach Clergy Association.
DEVELOPER'S AGREEMENT/STONE STATION: Approve a developer's
agreement between the City of Delray Beach and R & J Land Properties, Inc. for Stone
Station, located adjacent to Auburn Avenue north of S.W. 8~i~ Street.
AMENDMENT NO. 1/PALM BEACH COUNTY SCHOOL DISTRICT
INTERLOCAL AGREEMENT/SCHOOL CONCURRENCY: Approve
Amendment No. 1 to the interlocal agreement between the City of Delray Beach and
the Palm Beach County School District on School Concurrency.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 17, 2003 through March 28, 2003.
AWARD OF BIDS AND CONTRACTS:
1.
2.
°
MOVED TO REGULAR AGENDA AS ITEM 9.A.1
Contract award to Chaz Equipment, Inc. in the amount of $87,632.50 for S.W.
7th Street Roadway Infrastructure Improvements. Funding is available from
441-5161-536-63.90 (Water/Sewer/Other Improvements), 118-1965-554-63.41
(Boys & Girls Club), and 334-3162-541-61.17 (Roadway Resurfacing).
Contract award to Douglas N. Higgins, Inc. in the amount of $1,217,297.25 for
the Seacrest Neighborhood Improvements Phase IV Project. Funding is
available from 370-3162-541-65.43 (Roadway Bond Program Fund), 448-5470-
538-65.43 (Stormwater Utility Fund), and 442-5178-536-65.03 (Water/Sewer
Renewal and Replacement Fund).
Purchase award to National Waterworks, Inc. in the amount of $23,414.78 for
the purchase of 300 feet of 24-inch reclaimed water transmission main with
appropriate fittings and restraining components. Funding is available from 441-
5181-536-63.90 (Other Improvements).
04-01-2003
Purchase award to Invensys Metering System in the amount of $138,200.00 for
the purchase of various parts/supplies needed to upgrade the City's Touch Read
Metering System. Funding is available from 441-516-1536-64.90 (Other
Machinery/Equipment) and 441-516-1536-52.31 (Water Meter Replacement).
REGULAR AGENDA:
CONDITIONAL USE REQUEST/OCEAN CITY LOFTS: Consider a request
for conditional use to allow a density in excess of 30 dwelling units per acre for Ocean
City Lofts, a proposed 1.44 acre mixed-use development containing 63 residential
condominium units and 5,315 square feet of retail uses, located at the southeast corner
of N.E. 2'~ Street and N.E. Th Avenue and on the west side of N.E. Th Avenue 100 feet
south of N.E. 2'~ Street. (Quasi-JudiciM Hearing) (Approved subject to staff
conditions, 5-0)
A.1.
Contract award to Utility Service Company, Inc. in the total amount of $324,270.18 for
the painting and maintenance of the 0.5 Million Gallon Elevated Water Storage Tank
over a period of eleven years. Funding is available from 442-5178-536-46.90 (Other
Repair/Maintenance). (Approved, 5-0)
SERVICE AUTHORIZATION NO. 2/URS CORPORATION: Consider
approval of Service Authorization No. 2 to URS Corporation in the amount of
$89,000.00 for design of hardscaping and landscaping improvements for the NW/SW
5~h Avenue Project. Funding is available from 334-4144-572-65.80 (General
Construction Fund). The Community Redevelopment Agency (CRA) will pay for the
design fees. (DELAYED to a date certain of April 15, 2003)
RESOLUTION NO. 20-03: Consider approval of Resolution No. 20-03 providing
for a deferred payment agreement for water/sewer connection and building fees equal
to the net present value of $200,000.00 for Vista Palms (Adult Congregate Living
Facility). (Approved, 5-0)
D. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
10.
BOARD: Appoint one (1) person to the Community Redevelopment Agency Board
for an unexpired term ending July 1, 2006. Based on the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3). (DEFERRED to a
date certain of April 15, 2003)
PUBLIC HEARINGS:
WAIVER REQUEST/DHARMA HOLDINGS, LTD.: Consider a request from
Dharma Holdings, Ltd. for "The Rectory", located on 14 South Swinton Avenue, to
waive Section 4.6.7(G)(7) of the Land Development Regulations regarding the number
of freestanding signs allowed per lot in Historic Districts. (Quasi-JudiciM Hearing)
(Approved, 5-0)
WAIVER REQUEST/SARAGA & LIPSHY, P.A.: Consider a request from Saraga
& Lipshy, P.A., located on 201 N.E. 1st Avenue, to waive Section 4.6.7(G)(7) of the
Land Development Regulations regarding the number of freestanding signs allowed per
lot in Historic Districts. (Quasi-Judicial Hearing) (Approved, 5-0)
04-01-2003
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11.
12.
13.
ORDINANCE NO. 7-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development
Regulations by amending Section 4.4.9 (G)(2), "North federal Highway Overlay
District" to add self service storage facilities as a conditional use and provide specific
regulations, LDR Section 4.4.9 (G)(2)(c), for these facilities. If passed, a quasi-judicial
second public hearing will be scheduled for April 15, 2003. (Approved, 5-0)
ORDINANCE NO. 8-03: An ordinance amending Chapter 96, "fire Safety and
Emergency Services", of the Code of Ordinances by amending Section 96.25,
"Discharge or Use of fireworks" to prohibit the use of pyrotechnic special effects,
flame effects, or similar devices inside of buildings/enclosed spaces and to specify the
requirements for outdoor fireworks displays. (DEFERRED to a date certain of April 15,
2003)
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. 5-03: An ordinance amending Chapter 7, "Building
Regulations", Section 2.4.6, "Procedures for Obtaining Permits" and Section 4.5.4
"Coastal Construction" of the Land Development Regulations to provide consistency
with the 2001 florida Building Code Changes. If passed, a public hearing will be
scheduled for April 15, 2003. (Approved, 5-0)
ORDINANCE NO. 9-03: An ordinance amending Chapter 95, "Emergency
Management", of the City Code of Ordinances by amending Section 95.10, "fire and
Hazardous Materials Emergencies" to clarify the definition of hazardous materials. If
passed, a public hearing will be scheduled for April 15, 2003. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at Z'5Ol~.rn. ******
POSTED: MARCH 28, 200:3
04-01-2003