04-15-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, April 15, 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.
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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 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetinas in the Commission Chambers.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted the addition of Item 8.R.6, Bid Award to Frederico, Inc., to
the Consent Agenda by addendum; Items 8.E, Final Subdivision Plat Approval/Sabal Lakes Phase IV,
and 8.F, Resolution No. 22-03, were moved to the Regular Agenda as Items 9.A.1 and 9.A.2 due to a
request by staff; The account number for Item 8.R.3, Contract Award to Arbor Tree & Land, was
corrected to read 334-6120-519-61.90; and Item 7.A, Kathleen Daley, was postponed; Approved as
amended, 5-0.)
APPROVAL OF MINUTES:
March 27, 2003 - Organizational Meeting (Approved, 5-0)
April 1, 2003 - Regular Meeting (Approved, 5-0)
April 8, 2003 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
B.
C.
D.
E.
Arbor Day - April 9, 2003
Month of the Young Child - April 2003
National Community Development Week - April 21-27, 2003
National Landscape Architecture Week -April 19-27, 2003
National Organ & Tissue Donor Awareness Week - April 14-20, 2003
PRESENTATIONS:
Kathleen Daley - Legislative Update (POSTPONED)
Delray Merchants' Association - Clay Wideman
Community Neighborhood Helping, Inc. - Edith Thompson
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/OLD PALM GROVE: Approve the
subdivision plat for Old Palm Grove, located at northeast and southeast corners of
North Federal Highway and Royal Palm Boulevard.
RESOLUTION NO. 23-03/ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a general utility easement lying within the proposed Old
Palm Grove subdivision, located on the east side of North Federal Highway,
approximately 3,600 feet south of Gulf Stream Boulevard.
RESOLUTION NO. 24-03: Approve Resolution No. 24-03 abandoning a 7' wide
pedestrian ingress/egress tract of the Estuary II Plat, located on the south side of
abandoned Royal Palm Boulevard, approximately 550 feet east of North Federal
Highway.
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04-15-2003
RESOLUTION NO. 25-03/ABANDONMENT OF SIDEWALK EASEMENT:
Approve Resolution No. 25-03 abandoning a portion of a 6' wide perimeter sidewalk
easement lying within tract P-2 of the Estuary Plat, located approximately 830 feet east
of North Federal Highway, north of Denery Lane, south of Allen Avenue and
immediately adjacent to the Intracoastal Waterway.
MOVED TO REGULAR AGENDA AS ITEM 9.A.1
MOVED TO REGULAR AGENDA AS ITEM 9.A.2
RESOLUTION NO. 21-03/ABANDONMENT OF UTILITY EASEMENT:
Approve the abandonment of a portion of a utility easement lying within Lots 1 and 2
of the Lake Eden Subdivision, Plat No. 3, located at the northwest corner of Swinton
Avenue and N.W. 25~h Court.
CHANGE ORDER NO. 2/FINAL PAYMENT/CHAZ EQUIPMENT CO.,
INC.: Approve Change Order No. 2 in the amount of a $14,076.04 decrease, and final
payment in the amount of $11,492.86 to Chaz Equipment Co., Inc. for the Swinton
Gardens Subdivision Project. Funding is available from 118-1922-554-63.90
(Community Development/Other Improvements).
GRANT APPLICATION TO STATE OF FLORIDA: Authorize staff to submit a
grant application to the State of Florida for funding in the approximate amount of
$8,000.00 for the Community Emergency Response Team (CERT) of the Delray Beach
Fire Department.
CONTRACT ADDENDUM/JEG ASSOCIATES: Authorize and approve an
addendum to the contract between the City of Delray Beach and JEG Associates in the
total amount of $14,000 for the Southwest Area Neighborhood Redevelopment Plan.
The CRA has agreed to pay $9,000 of the cost. Funding is available from 118-1974-
554-31.96 (Community Development Fund) and 001-6113-559-31.96 (General Fund).
LEASE AGREEMENT/ST. STEPHEN LIMITED PARTNERSHIP: Approve
a commercial lease agreement between the City of Delray Beach and St. Stephen
Limited Partnership for the Delray Beach Police Department Substation located at 1570
South Federal Highway.
HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve
Housing Rehabilitation grant,contract awards through the Community Development
Division in the amount of $15,046.50 to South Florida Construction (507 S.W. ffh
Court), $9,124.50 to Henry L. Haywood (1308 N.W. Z~d Street) and $18,700.50 to Henry
L. Haywood (1315 Prospect Street). Funding is available from 118-1924-554-49.19
(SHIP Housing Rehabilitation Grant).
FLORIDA DEPARTMENT OF TRANSPORTATION MASTER STREET
LIGHTING AGREEMENT: Approve an agreement between the City of Delray
Beach and Florida Department of Transportation (FDOT) for street lighting
maintenance.
04-15-2003
N. FEDERAL GRANT APPROVAL/OFFICE OF HOMELAND SECURITY:
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Approve a federal grant with a 25% local match from the Office of Homeland Security
to be administered by the State of Florida for computer/software, building security
improvements, and protective equipment for the Police Department.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for May 8, 2003 from 6:00 p.m. to
10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure of
Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue
from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic
Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street,
and authorize staff support for security and traffic control, banner hanging and removal,
barricade set-up/removal, trash removal and clean up, and use/set-up of City stages.
SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW: Approve a
special event request for the Hot Air Balloon Glow to be held on May 30, 2003,
granting a temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic
Avenue on May 30, 2003 from A1A to Venetian between 5:00 p.m. and 11:00 p.m., and
staff support for security and traffic control, barricading, and signage preparation/set
up, stage set up/take down, and trash removal for this event.
SPECIAL EVENT REQUEST/2003 BUD LIGHT PRO/AM VOLLEYBALL
TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2003
Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on June
21 and 22, 2003.
AWARD OF BIDS AND CONTRACTS:
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Contract award to Envirodyne, Inc. in the amount of $18,709.00 for
supplemental laboratory analysis for water and wastewater for the
Environmental Services Department. Funding is available from 441-5124-536-
34.90 (Water Treatment/Storage/Other Contractual Services).
Purchase award to McCotter Ford in the amount of $20,748.00 via the Florida
Sheriffs Association and Florida Association of Counties Bid #02-10-0826 for
the purchase of a 2003 Ford Crown Victoria for the Police DeparUnent.
Funding is available from 001-2119-521-64.20 (Federal Forfeiture Account).
Contract award to Arbor Tree & Land, Inc. in the amount of $44,500.00 for the
removal of landscape and vegetative debris from the new Atlantic High School
Site. Funding is available from 334-6120-519-61.90 (Other Land Costs).
Lease award to Xerox Corporation in the total amount of $16,646.76 via the
Putnam Contract #071736300 for the lease of a Xerox DC555SH digital copier
for the Fire Department. Funding is available from 001-2311-522-44.30
(Equipment Rental/Lease).
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04-15-2003
Purchase award to McCotter Ford in the amount of $30,933.00 via the Florida
Sheriffs Association Bid #02-10-0826 for the purchase of a 2003 Ford
Excursion for the Police Department. Funding is available from 001-2119-521-
64.20 (Police District 2/Automotive).
Bid award to Frederico, Inc. in the amount of $16,500.00 for demolition and
land clearing of the property located at 150 Davis Road. Funding is available
from 334-6120-519-61.90 (General Construction Fund/Other Land Costs).
REGULAR AGENDA:
REQUEST FOR IN-LIEU PARKING SPACES/OCEAN CITY LOFTS:
Consider a request by Ocean City Lofts for the purchase of four (4) in-lieu parking
spaces in the amount of $48,000.00 and the construction improvement of thirteen (13)
existing on-street parking spaces in the adjacent rights-of-way. Ocean City Lofts is
located at the southeast corner of N.E. 2~d Street and N.E. Th Avenue and on the west
side ofN.E. Th Avenue, 100 feet south ofN.E. 2~d Street. (Approved, 5-0)
A.1.
FINAL SUBDIVISION PLAT APPROVAL/SABAL LAKES PHASE IV:
Approve the subdivision plat for Sabal Lakes Phase IV, located on the northeast corner
of Barwick Road and the LWDD Canal L-31. (Approved, 5-0)
A.2.
RESOLUTION NO. 22-03: Approve the abandonment of a portion of Sabal Lakes
Road dedicated by Official Records Book 8255, Page 1362, located within Sabal Lakes
Phase IV Development. (Approved, 5-0)
B. REQUEST FOR IN-LIEU PARKING SPACES/BELUGA WINE BAR:
Consider a request by Beluga Wine Bar for the purchase of four (4) in-lieu parking
spaces in the amount of $48,000.00 and the construction of six (6) on-street parking
spaces in the adjacent rights-of-way. (Approved, 4-0; Commissioner Archer left dais)
FISCAL AGENT/ADM PREVENTION GRANT/VILLAGE FOUNDATION:
Consider a request for the City to act as the fiscal agent for funds in the amount of
$185,000.00 from the Florida State Department of Children and Families' Alcohol,
Drug Abuse and Mental Health Prevention Grant Program through a service agreement
with the Village Foundation. (Approved, 5-0 to proceed with contract; Commissioner
Archer returned to dais)
SPECIAL EVENT REQUEST/5th ANNUAL GARLIC FESTIVAL: Consider
approval of a special event request for the 5~h Annual Garlic Festival to be held
November 7-9, 2003, granting a temporary use permit for use of City rights-of-way
(N.E. 1st Avenue from Atlantic Avenue to N.E. 1st Street and N.E. 2~d Avenue from the
alley just north of Atlantic Avenue to N.E. 1~ Street), sign code waiver to allow signs
more than one week prior to the event, staff assistance as requested; contingent upon
sponsor providing a certificate of insurance, liquor liability insurance, and a hold
harmless agreement. (Approved subject to compromise for N.E. 1~ Avenue and staff
recommendations, 5-0)
04-15-2003
RESOLUTION NO. 26-03: Consider approval of Resolution No. 26-03 establishing
a Public Arts Implementation Committee. (Approved, 5-0)
FUNDING FOR PARKING/DELRAY BEACH PUBLIC LIBRARY: Consider
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information on the Debt Service Analysis for the Delray Beach Public Library Parking
Project and direct staff regarding same. (Consensus of the Commission to draw up an
agreement with the Library - proceed with Bond Issue)
APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
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Appoint three (3) regular members to the Board of Construction Appeals for unexpired
terms ending August 31, 2003 and August 31, 2004. Based upon the rotation system,
the appointments will be made by Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), and Mayor Perlman (Seat #5). (Appointed Fred Fetzer as Regular
Member and approved, 4-0; Commissioner McCarthy left dais; appointed Mary Ellen Keating as
Regular Member and approved, 4-0; Commissioner McCarthy left dais; appointed Clifton Miller
as Regular Member and approved, 5-0; Commissioner McCarthy returned to dais)
APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular
member to the Civil Service Board for a two (2) year term ending April 1, 2005. Based
upon the rotation system, the appointment will be made by Commissioner McCarthy
(Seat #4). (Appointed Larry Zalkin and approved, 5-0)
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two
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(2) regular members to the Code Enforcement Board for unexpired terms ending
January 14, 2004 and January 14, 2006. Based upon the rotation system, the
appointments will be made by Commissioner Levinson (Seat #3) and Commissioner
McCarthy (Seat #4). (Appointed David Hawke and approved, 5-0; and appointed Robert
Marks and approved, 5-0)
APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY
BOARD: Appoint two (2) members to the Community Redevelopment Agency Board
for unexpired terms ending July 1, 2005 and July 1, 2006. Based on the rotation system,
the appointments will be made by Commissioner Levinson (Seat #3) and Commissioner
McCarthy (Seat #4). (The Mayor stepped down due to Conflict of Interest. Appointed
Franklin Wheat and approved, 4-0; and appointed Howard Lewis and approved, 3-1;
Commissioner Levinson dissenting)
APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
two (2) alternate members to the Nuisance Abatement Board for two-year terms ending
March 31, 2005. Based upon the rotation system, the appointments will be made by
Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). (Appointed Mark
Behar and approved, 5-0; and appointed Eileen Marks and approved, 5-0)
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and
Firefighters Retirement System Board of Trustees to fill a two (2) year term ending
April 22, 2005. Based on the rotation system, the appointment will be made by Mayor
Perlman (Seat #5). (Appointed John Frysinger and approved, 4-1; Commissioner Archer
dissenting)
04-15-2003
10. PUBLIC HEARINGS:
ORDINANCE NO. 7-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 4, "Zoning Regulations", of the Land
Development Regulations by ~mending 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. (Quasi-JudiciM
Hearing) (Motion to approve Ordinance No. 7-03 on final reading with direction to staff to
come back with a new ordinance addressing the number of parking spaces for the self service
storage facilities; Approved, 5-0)
ORDINANCE NO. 47-02 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2003-01): Consider on second reading an ordinance adopting
Comprehensive Plan Amendment 2003-01 and associated Future Land Use Map
(FLUND amendment (Predo~s~ ado~fed as Com~rehe~dve P/ax ~4me~d~e~f 2002-02).
Amendment 2003-01 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.
· Modification of Policy A-2.4 of the Future L~nd 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 Project.
· Modification of the Introduction and Summary of Maior Features (Planning Area
subsection), Objective 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.
1. 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. 5-03: An ordinance amending Chapter 7, "Building
Regulations", Chapter 2, "Administrative Provisions" Section 2.4.6, "Procedures for
Obtaining Permits", and Chapter 4, "Zoning Regulations", Section 4.5.4 "Coastal
Construction" of the Land Development Regulations to provide consistency with the
2001 Florida Building Code Changes. (Approved, 5-0)
04-15-2003
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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. (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.
(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. 11-03: An ordinance amending Chapter 91, "Animals" of the
City's Code of Ordinances by amending Section 91.02, "Livestock and Poultry", Section
91.25, "Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required",
Section 91.28, "Impoundment;Disposition", and Section 91.42, "Impoundment
Authorized;Disposition" to accurately reflect the department/designees responsible for
handling animal complaints and impoundment issues; and provide for an impoundment
fee of $10.00. If passed, a public hearing will be scheduled for May 6, 2003. (Approved,
4-0; Commissioner McCarthy left dais)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 9:20p.m. ******
POSTED: APRIL 11, 2003
04-15-2003