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04-01-03APRIL 1~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m. Tuesday, April 1, 2003. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Robert Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk South. The opening prayer was delivered by Reverend Richard Evans, Abbey Delray o The Pledge of Allegiance to the flag of the United States of America was given. o AGENDA APPROVAL: The City Manager requested to delay Item 9.B., Service Authorization 2/URS Corporation to the regular meeting of April 15, 2003. The City Attorney stated that Item 10.D. required a certain advertisement before second reading that inadvertently was overlooked. Therefore, the City Attorney stated that Item 10.D. Ordinance No. 8-03 will need to be rescheduled for the second reading and public hearing for the regular meeting of April 15, 2003. Mayor Perlman requested that Item 8.K.l., Contract Award to Utility Service Company, Inc., be pulled from the Consent Agenda and moved to the Regular Agenda for discussion as Item 9.A.1. Mr. Levinson stated he would like to defer Item 9.D., Appointment to the Community Redevelopment Agency, to the regular meeting of April 15, 2003. Mr. Costin moved to approve the Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Ms. McCarthy noted a grammatical error on page 10 (second paragraph) of the March 13, 2003 Minutes and stated the words "what street" appear twice. Ms. McCarthy moved to approve the Minutes of the Regular Meeting of March 13, 2003, as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Regular Meeting of March 18, 2003, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. o PROCLAMATIONS: 6oAo Days of Remembrance - Holocaust Mayor Perlman read a proclamation hereby proclaiming the week of Sunday, April 27 through Sunday, May 4, 2003 as Days of Remembrance. 6oBo Fair Housing Month - April 2003 Mayor Perlman read and presented a proclamation hereby proclaiming April 2003 as Fair Housing Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6oCo Macular Degeneration Awareness Week - April 7-13~ 2003 Mayor read and presented a proclamation hereby proclaiming April 7-13, 2003, as Macular Degeneration Awareness Week. Ted and Charlotte Isen, Chairs of the Fighting Blindness Foundation, and Harold and Eileen Isdaner, Co-Chairs, will accept the proclamation. ° PRESENTATIONS: 7oAo International Tennis Championships - Mark Baron Mark Baron, Tournament Director for the International Tennis Championships, presented an award to the City of Delray Beach for not only being a sponsor but for being a partner in this event. 7oBo Junior Golf Championship Awards - Sandra Erikssom Director of Golf Sandra Eriksson, Director of Golf, introduced Chris Little, Manager at Lakeview Golf Course, who presented awards to the following: -2- 04/01/03 The 2002 City Junior Championship: > Boy's Champion: > Girl's Champion: > First Flight Champion: > Second Flight Champion: The 2003 Tykes on Spikes: Eddie Peckels (Delray Beach) Gina Larsen, Ft. Lauderdale Denver Milord, Delray Beach Will Gardner, Village of Golf Jonah Levine, Boca Raton (age 4-6) Caulen Coe, Gulf Stream (age 7-9) Branden Digan, Parkland (age 10-12) The 2002 The Jingle Bell Scramble: > Caroline Peckels (on the champion's team) Delray Beach 8_ CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 17-03/VANTAGE CARE RETIREMENT HEALTH SAVINGS PLAN: Approve Resolution No. 17-03 amending the VantageCare Retirement Health Savings Plan. The caption of Resolution No. 17-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO AND ADOPTING AN AMENDMENT TO THE VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 17-03 is on file in the City Clerk's office.) 8.B. 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. The caption of Resolution No. 18-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING -3- 04/01/03 NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS- MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (The official copy of Resolution No. 18-03 is on file in the City Clerk's office.) 8.C. RESOLUTION NO. 19-03: Approve Resolution No. 19-03 assessing costs for action necessary to abate nuisances on eight (8) properties throughout the City. The caption of Resolution No. 19-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 19-03 is on file in the City Clerk's office.) g.D. 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. 8oto FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/ 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. 5th Avenue, S.E. 6th Avenue, S.E. 3rd Street, and S.E. 4th Street) and approve a Hold Harmless Agreement with the developer (Ironwood Properties, Inc.). -4- 04/01/03 8.F. 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. 9th Street), and $13,728.75 to Preston Construction (313 S.W. 8th Avenue). Funding is available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant). 8.G. 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. 8.H. 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. 8th Street. 8.1. AMENDMENT NO. I/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. 8.J. 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: o o This item has been moved to the 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). 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- -5- 04/01/03 516-1536-64.90 (Other Machinery/Equipment) and 441-516-1536-52.31 (Water Meter Replacement). Mr. Levinson moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. o REGULAR AGENDA: 9.A. 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. 2nd Street and N.E. 4th Avenue and on the west side of N.E. 4th Avenue 100 feet south of N.E. 2nd Street. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mrs. Archer, Mr. Costin, Mayor Perlman, Ms. McCarthy and Mr. Levinson all stated they met with Mr. Weiner and Mr. Laudini (developer). Jeff Costello, Principal Planner, entered the Planning and Zoning project 2003- 131 file into the record. Mr. Costello stated this property is located on the southeast corner of N.E. 2nd Street and N.E. 4th Avenue and on the west side ofN.E. 4th Avenue 100' south ofN.E. 2nd Street. The development proposal incorporates Lots 1-5 of Block 99, Re-subdivision of Blocks 91 & 92 and the west lA of Block 99 of the Town of Linton plat (east parcel) and Lots 9-12 of Block 91, Re-subdivision of Blocks 91 & 92 and the west lA of Block 99, Town of Linton plat (west parcel). The two properties contain 1.44 acres and are zoned CBD (Central Business District). The 4-story eastern building will contain three floors with 5,315 square feet of ground floor commercial area. The buildings are set back 10 feet and the upper floors (2nd through 4th flOOrS) are set back an additional 10 feet and the same holds true on the west side with this being all residential with parking on the first level. Mr. Costello stated that positive findings can be made with respect to concurrency, consistency with the Comprehensive Plan, along with policies and objectives as outlined in the staff report. In addition, Mr. Costello stated that positive findings can be made with respect to the Future Land Use Map consistency. Mr. Costello stated there is only one performance standard that has not been met and one does not technically apply. However, staff feels that the applicant has met the standard (which relates to provision of retail -6- 04/01/03 or commercial use on the first floor). The performance standard that has not been met relates to shared parking and provision of the additional public parking spaces. This proposal involves construction of thirteen on-street spaces and includes four in-lieu parking spaces and stated all the parking cannot be accommodated on either site and reiterated that four spaces are being proposed within the public right-of-way. At its meeting of March 17, 2003, the Planning and Zoning Board held a public hearing regarding the Conditional Use request for the mixed-use building with a density of 44 units per acre. Mr. Costello stated there was public comment both in favor and in opposition. The Board voted 4-2 to approve the request and one of the Board members had a concern that all the parking should be provided on-site and another Board member felt that the applicant did not sufficiently meet the performance standards. However, Mr. Costello stated the Planning and Zoning Board did approve the request subject to the conditions as outlined on page 18-20 of the Planning and Zoning Staff Report, which includes Appendix "A". Michael Weiner, Attorney representing the applicant (City Center Development, LLC), stated they have received the support of the DDA, CRA, as well as the affirmative vote of the Planning and Zoning Department. Mr. Weiner gave a brief presentation of the inside computer renderings and reviewed the eight performance standards. Mr. Weiner stated this is first class commercial space and 50% of the ground floor area is devoted to commercial space. For the record, Mr. Weiner stated the applicant meets the requirements of consistency, concurrency, and compatibility of the Comprehensive Plan. Lastly, Mr. Weiner read into the record quotations from the Downtown Delray Beach Master Plan. Mayor Perlman stated if there is anyone who would like to address the Commission regarding the Conditional Use request, to please come forward at this time. Alice Finst, 707 Place Tavant, stated if one looks at the map this project will be visible from Federal Highway and will loom over the existing one-story buildings that are on Federal Highway. Mrs. Finst stated one neighbor stated they would not be able to see the sun and noted that these buildings are close to the maximum height and she feels this project will overpower the area. Mrs. Finst commented about the density and the dwelling units increasing from 30 dwelling units to 63 dwelling units and feels this is one more step in losing the downtown corridor. No one else from the public came forward to address the Commission. Mrs. Archer stated she feels this is a very attractive project and commented that Crossroads uses the available parking lot in the area including the lot on the east side of 4th Avenue. Mrs. Archer stated with Crossroads located in the area there will be a great deal of on- street parking and she feels new owners need to be aware of this before they purchase. Mr. Levinson stated he feels this is a great project and commented that developers are doing what is being asked of them. Mr. Levinson stated the density is being increased from 30 dwelling units per acre to 44 dwelling units per acre not from 30 to 63 units per acre. Mr. Levinson stated he thinks this will be a great addition and hopefully the first of -7- 04/01/03 projects that will meet the objectives of the Downtown Master Plan. Mr. Levinson stated the CRA and the DDA both support this project and he is encouraged by developers who have met the intent as well as the design guidelines. Mr. Costin stated he is very pleased with the development and more importantly feels the developer has taken a decrepit piece of property downtown and is making a tremendous improvement. Mr. Costin stated this will be something to be very proud of. Ms. McCarthy stated she supports this project and feels the developer has presented a very creative product. Ms. McCarthy continued to state that this is a quality project and she feels it will attract people to the downtown area who are looking for a more trendy type of lifestyle. Mayor Perlman stated he is very pleased with this project and feels the elevations are extremely attractive. In addition, Mr. Perlman stated he is particularly excited about the price point and feels it will make downtown living accessible to a whole other group of people who have not been able to afford the $300,000-$400,000 townhouses that are being built in the area. Mayor Perlman commended the developer for creativity and taking a risk in what would appear to be not a prime piece of real estate in Delray. Mr. Perlman stated he feels this will become prime real estate as a result of the project and will spur a lot of activity in the area. Mrs. Archer moved to approve the Conditional Use request for Ocean City Lofts subject to the conditions as recommended by staff, as outlined on page 18-20 of the Planning and Zoning staff report, which includes Appendix "A", seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.A.1. CONTRACT AWARD: 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). Richard Hasko, Director of Environmental Services, explained when Tank Pro, Inc. submitted their proposal they omitted various required submittal dates in the proposal two of which were very critical to our ability to determine whether or not the contractor was capable of doing the work. One was an evaluation the condition of the elevated tank and another was a schedule of the proposed maintenance. Mr. Hasko stated staff considered the Tank Pro, Inc. bid non-responsive because they did not provide the required submittal materials that was very important for staff to analyze in determination of the bid. Therefore, Mr. Hasko stated staff's recommendation is to award the bid to Utility Service Company, Inc. Mr. Levinson moved to approve the contract award to Utility Service Company, Inc., for the maintenance of the Water Storage Tank, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. -8- 04/01/03 10. PUBLIC HEARINGS: 10.A. 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. Prior to consideration of passage of this item a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Lula Butler, Director of Community Improvement, stated this item before the Commission is a request for a waiver under Section 4.6.7(G)(7) of the LDR's regulating the number of freestanding signs allowed per lot within the historic district. The request is from Dharma Holdings Limited for their business "The Rectory" which is located at 14 S. Swinton Avenue. At its meeting of February 19, 2003, the Historic Preservation Board considered a request from "The Rectory", located at 14 S. Swinton Avenue, to approve a second freestanding sign to be located away from the street frontage on the west side of the parking lot. This sign would be an addition to the freestanding sign for "Sweet Art by Lucia", a business located in a separate building at the south end of the parking lot on S. Swinton Avenue. Ms. Butler stated the Board felt it did not adversely affect the neighborhood, that it would not significantly diminish the provision of public facilities, nor create an unsafe situation or resulted in granting any special privilege for this particular property. Staff recommends approval of the proposed sign and its location as recommended by the Historic Preservation Board. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding the waiver request, the public hearing was closed. Mrs. Archer asked at what point we would be in favor of a stack sign instead of individual signs. In response, the City Manager stated usually the directory type signs are where there is one building that is divided among several businesses. The City Manager stated the unusual thing with this situation is there are two separate buildings that have never been connected to each other. Mr. Costin moved to approve the request from Dharma Holdings, Ltd. to waive Section 4.6.7(G)(7) of the LDR's regarding the number of freestanding signs allowed per lot in the Historic District, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. -9- 04/01/03 Archer - Yes. Said motion passed with a 5 to 0 vote. 10.B. 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. Prior to consideration of passage of this item a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. No ex parte contacts were disclosed. Lula Butler, Director of Community Improvement, stated this is stated this item before the Commission is a request for a waiver under Section 4.6.7(G)(7) of the LDR's regulating the number of freestanding signs in historic districts. This property is located on the northeast corner ofN.E. 1st Avenue and N.E. 2nd Street (201 N.E. 1st Avenue). At its meeting of March 12, 2003, the Historic Preservation Board considered a request from Saraga & Lipshy, P.A. to approve a second freestanding sign for their business located. This sign would be an addition to the freestanding sign located on the southwest corner of the property. LDR Section 4.6.7(G)(7) stipulates that signs for businesses located in the historic district are limited to not more than one of any type nor more than two per lot. The Board determined that a second freestanding sign to be located on N.E. 2nd Street will assist traffic traveling east and west on N.E. 2nd Street to identify the location of the business, and approved the Certificate of Appropriateness for installation of the sign. Staff recommends approval of the waiver request to Section 4.6.7(G)(7) based on the finding and recommendation of the Historic Preservation Board. Brian Lipshy, owner of Saraga & Lipshy, P.A., stated when they originally came before the Commission they had requested a flat panel sign. However, the recommendation of the Historic Preservation Board is for a freestanding sign. Mr. Lipshy stated with the closure of 1st Avenue, if their clients are coming from Federal Highway they are having a difficult time finding the property. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Brief discussion followed between staff and the Commission. -10- 04/01/03 Mr. Costin moved to approve the request from Saraga & Lipshy, P.A. to waive Section 4.6.7(G)(7) of the LDR's regarding the number of freestanding sings allowed per lot in Historic District, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.C. 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. The caption of Ordinance No. 7-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", TO ADD SELF SERVICE STORAGE FACILITIES AND ADDING SUB SECTION (c) PROVIDING SUPPLEMENTAL REGULATIONS FOR SELF SERVICE STORAGE FACILITIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 7-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. Bonnie Kuljian, 925 Kokomo Key Lane, stated she attended the Planning and Zoning Board meeting regarding this property and expressed concern over the variance change. Ms. Kuljian stated she is opposed to this ordinance and feels it will make North Federal Highway look too industrial. Michael Weiner, speaking on behalf of the applicant, showed some renderings of what the public had to say and stated he feels they can meet the requirements to fit in with the Federal Highway Corridor Plan. -11- 04/01/03 There being no one else from the public who wished to address the Commission regarding Ordinance No. 7-03, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 7-03 on First Reading/First Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.D. 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. The caption of Ordinance No. 8-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.25, "DISCHARGE OR USE OF FIREWORKS", TO PROVIDE THAT THE USE OF PYROTECHNIC SPECIAL EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES INSIDE BUILDINGS OR OTHER ENCLOSED SPACES IS PROHIBITED AND TO SPECIFY THE REQUIREMENTS FOR OUTDOOR FIREWORKS DISPLAYS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Resolution No. 8-03 is on file in the City Clerk's office.) This item has been rescheduled for a public hearing on April 15, 2003. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. With regard to a previous concern expressed by the Lanikai Villas Condominium about the location of the new lifeguard tower, the City Manager stated several members of staff met with them on March 27, 2003, and outlined the permitting process the State of Florida and the effect the coastal construction line had on placing the tower and in reviewing the location of the tower, the City took great care to meet our safety service needs and tried to minimize the impact on the residents of the Lanikai Village. The City Manager stated a number of the residents are still in disagreement with where the tower was placed and feel that it will adversely -12- 04/01/03 affect their property values. Furthermore, the City Manager stated they indicated they may come back to the Commission requesting some further relief. Secondly, with regard to a concern expressed about raccoons, possums, and other animals being displaced by the construction in the North Federal Highway and suggestions that the City and the developers should work together to relocate them, the City Manager stated staff confirmed with the Florida Fish and Wildlife Conservation Commission their position on relocation and read the following into the record: "It's a popular myth that the animal that are a nuisance on your property can simply be relocated. It sounds easy enough and one would think it might be best for the property owner and nuisance animal. However, it's rare that relocated animals have a good chance of survival, and moving them may even affect the survival of animals in their new "home." Relocation can be stressful to wild animals. Relocated animals have no prior experience with their new homes which immediately puts them at a disadvantage in finding food and shelter. Animals released in a new territory like the local knowledge to fit in with existing animal hierarchies. Releasing animals may help spread disease. A relocation site may not have all the basic needs for the animal to site. The combination of the previous factors often caused animals to leave the release area. In summary, the City Manager stated the relocation sounds appealing, but it is tough on the transported animals and can have negative impacts on the animal populations where they are released. Our goal is to coexist with Florida's wild animals and we owe it to them to seek low stress and hopefully non-lethal solution to nuisance animal problems. Usually, that means modifying our own behavior. The City Manager stated that relocating animals to public land is against Florida law. A nuisance animal trapper licensed by the Fish and Wildlife Conservation Commission may relocate animals to private lands when he or she has the permission of the landowner." With regard to a concern expressed at the March 13th meeting about the intersection of Lake Ida Road and N.W. l0th Avenue, the City Manager stated the concern surrounded vehicles unable to make turns from N.W. l0th Avenue onto Lake Ida Road do to traffic stacking up. This problem was caused by the reduction in the available lanes on Lake Ida Road under 1-95 based on the observations of the Police Department. Staff believes this was an isolated problem that should not reoccur in the future. It was suggested that the right turn lane be extended and noted that staff is unable to extend the right turn lane on N.W. l0th Avenue south of Lake Ida due to the geometry of the intersection of the road alignments. The City Manager stated there was damage to the swale in this area and noted that it will be repaired. 11.B. From the Public. ll.B.1. Jennifer Wood~ 917 Bucida Road~ Delra¥ Beach~ expressed concern over turtle nesting season and stated she would like the City to be aware that there are certain homes along the beach area that are still not in compliance with the lighting nuisance standards. Ms. Wood commented about a home four houses south of the Seagate Club and stated this estate is not complying with the City's ordinance. In addition, Ms. Wood stated the Delray Beach Club has six huge spot lights on top of their building shining towards the ocean and noted that this is not in compliance with State law. Secondly, Ms. Wood stated the beach has cliffs the turtles cannot climb up these cliffs in some areas of the beach. -13- 04/01/03 Ms. Wood commented about developers in the community and suggested that they donate land to the City of Delray Beach in an effort to give back to the community. Ms. Wood suggested that the developers donate some of this land and extend the public beach. In addition, Ms. Wood suggested that the developers donate land to the City of Delray Beach for a park (i.e. for the Haitian community) and a dog park. Ms. Wood reiterated she feels it is very important that the developers give back to the community by donating free land to the City of Delray Beach. 9.B. 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 5th 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. This item has been delayed to the regular meeting of April 15, 2003. At this point, the Commission moved to Item 9.C. of the Regular Agenda. 9.C. 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). The caption of Resolution No. 20-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING THAT A CONDITIONAL USE WAS APPROVED FOR AN ACLF (ADULT CONGREGATE LIVING FACILITY), WHICH INCLUDES AN ILF (INDEPENDENT LIVING FACILITY) ON PROPERTY TO BE KNOWN AS VISTA PALMS, FORMALLY KNOWN AS MIL-ATLANTIC, PROVIDING FOR A DEFERRED PAYMENT AGREEMENT FOR WATER AND SEWER CONNECTION FEES AND BUILDING PERMIT FEES EQUAL TO THE NET PRESENT VALUE OF TWO HUNDRED THOUSAND DOLLARS ($200,000.00), SUBJECT TO A SEPARATE WRITTEN AGREEMENT BEING SUCCESSFULLY NEGOTIATED AND ENTERED INTO BETWEEN THE PARTIES AND ALSO SUBJECT TO BOND COVENANTS AND ACCEPTABLE REVIEW BY BOND COUNSEL. (The official copy of Resolution No. 20-03 is on file in the City Clerk's office.) Doak S. Campbell III, Attorney at Law, stated the project on Military Trail has been approved as a conditional use for an ALF-ILF project and it will have two main components. In order to be able to develop this in terms of a project that is going to have the ability to reach the most and widely divergent group of citizens, some assistance both at the City and the State level will be sought. -14- 04/01/03 Mr. Levinson asked if the fees that can be deferred are sufficient. In response, Mr. Campbell stated it will be sufficient. Mayor Perlman asked Mr. Campbell how he plans to work with Mil-Atlantic which was an approved project adjacent to this. In response, Mr. Campbell stated under the conditional use approval the ALF and the ILF are considered as one project. Furthermore, Mr. Campbell stated there has to be something in the nature of a binding covenant running with the land to where these projects will be united not necessarily as one single development but they will be united in accordance with the site plan and all of the requirements of the conditional use approval. Mayor Perlman asked the City Attorney if the Commission approves the resolution would the City of Delray Beach have an ability to negotiate the agreement. In response, the City Attorney stated this is subject to the city entering into and negotiating an agreement that is acceptable. Mayor Perlman stated that this resolution is providing for a deferral in payment not a waiver. The City Manager stated staff has expressed concern about the Comprehensive Plan prohibition on additional subsidized housing in the City of Delray Beach and that it needs to be spread throughout other municipalities. However, the City Manager stated this can be looked at as not being subsidized housing because it is an assisted living facility and has other living elements in it to assist people when they are not able to live independently. The City Manager reiterated that the city is not providing a direct subsidy but is deferring the payment. Mrs. Archer moved to approve Resolution No. 20-03, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9oDo APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY 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). This item has been deferred to the regular meeting of April 15, 2003. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. 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. The caption of Ordinance No. 5-03 is as follows: -15- 04/01/03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 7, "BUILDING REGULATIONS", SECTION 7.1.3, "BUILDING CODE" AND SECTION 7.1.7, "SEAWALLS"; ARTICLE 7.2, "ELECTRICAL CODE", SECTION 7.2.1, "GENERAL PROVISIONS", SECTION 7.2.2, "PERMITS AND INSPECTIONS", AND SECTION 7.2.3, "TECHNICAL REQUIREMENTS"; ARTICLE 7.3, "GAS CODE", SECTION 7.3.1, "ADOPTION BY REFERENCE"; ARTICLE 7.5, "MECHANICAL CODE"; ARTICLE 7.6, "PLUMBING CODE"; CHAPTER 2, "ADMINISTRATIVE PROVISIONS", SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(B), "BUILDING PERMITS" AND SUBSECTION 2.4.6(C), "CERTIFICATE OF OCCUPANCY"; CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.4 "COASTAL CONSTRUCTION", SUBSECTION 4.5.4(C) "DEVELOPMENT REGULATIONS", TO PROVIDE FOR THE ADOPTION OF THE 2001 FLORIDA BUILDING CODE AND AMENDMENTS TO THE 2001 FLORIDA BUILDING CODE ADOPTED BY PALM BEACH COUNTY, TO ELIMINATE DUPLICATIONS, TO RENUMBER AND REORGANIZE AS APPROPRIATE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 5-03 on FIRST Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 12.B. 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. The caption of Ordinance No. 9-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 95, "EMERGENCY MANAGEMENT", SECTION 95.10, "FIRE AND HAZARDOUS MATERIALS EMERGENCIES", TO -16- 04/01/03 CLARIFY THE DEFINITION OF HAZARDOUS MATERIALS, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated this ordinance has been requested by the Fire-Rescue Department because of certain types of hazardous materials and the City needs to specifically address them in the Emergency Management Code. Mr. Costin moved to approve Ordinance No. 9-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to a prior concern expressed by Mrs. Archer about some problems along North Dixie Highway regarding some housekeeping with different businesses, the City Manager stated staff has periodically cleaned the right-of-way areas along the north end of Dixie Highway and have also consulted and worked with the new manager at Power Sports to rectify a number of zoning violations and violations in the placement of trash. The City Manager stated staff has previously cited Power Sports for improper trash, containerization, outside repair work, improper offioading of shipments, improper outside display and outdoor loudspeaker systems. The new management has worked with Code Enforcement staff and rectified the violations. The building to the north of Power Sports has also been cited for zoning code violations. These violations involve improper storage of materials and are pending a hearing before the Code Enforcement Board. 13.B. City Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. City Commission. Commissioner Archer Mrs. Archer congratulated Mayor Perlman for completing his first meeting. -17- 04/01/03 Secondly, Mrs. Archer stated she is happy to have had the opportunity to present trophies to the tennis champions. Mrs. Archer commented about The South Florida Community Wealth Building Tools Conference held at the Collins Center and stated the conference was very interesting especially the land trusts and various other ownership possibilities for maintaining the affordability of some of the communities. Furthermore, Mrs. Archer stated she fully supports the possibility of working on something with regard to this. 13.C.2. Commissioner Costin Mr. Costin congratulated Mayor Perlman for doing an exemplary job this evening. Secondly, Mr. Costin commented about the area on North Federal Highway south of the IHOP restaurant along Dixie Highway and stated it is an eyesore. Mr. Costin suggested that staff look into this matter to see if there is a way to extend the landscaping north of George Bush Boulevard in an effort to improve the presentation upon entering the community along Federal Highway. In addition, Mr. Costin stated he has noticed a lot of trash and litter along Federal Highway and feels this is very unsightly. He suggested that signs be posted along Federal Highway to help control some of the trash that is being thrown out the windows from automobiles. Mr. Costin stated he attend the Asian Festival and commented that it was very well attended. In addition, Mr. Costin stated he attended a dedication ceremony for Our Lady Queen of Peace Church on West Atlantic Avenue and the presentation by the children was very heartwarming. 13.C.3. Commissioner McCarthy Ms. McCarthy congratulated Mayor Perlman for completing his first meeting and commented that it will get easier. Secondly, Ms. McCarthy stated approximately three nights ago there was a blurb on television about a citizen who was bitten by a rabid raccoon. Ms. McCarthy stated she was very disturbed by this and inquired if these animals are moving into residential neighborhoods because of development and are rabid and bite a citizen, would the City have any liability? In response, the City Manager stated there would not be any liability for the City. Ms. McCarthy stated the Asian Festival was a very happy and joyous occasion. Ms. McCarthy stated she also attended the ceremony at Our Lady Queen of Peace Church and feels both events were very well done. -18- 04/01/03 13.C.4. Commissioner Levinson Mr. Levinson stated he would like to hear the pros and cons with regard to the tennis event. Secondly, Mr. Levinson commented about a newspaper article regarding some complaints from neighbors about the teen center. Mr. Levinson commented about an article in the Boca News today about FAU researchers developing a drug to cure colon cancer. Dr. Ramaswa Narayanan at the Charles E. Schmidt College of Science developed the drug using a gene that is normally associated with Down's syndrome. Mr. Levinson congratulated Delray Beach resident Dr. Ramaswa Narayanan for hopefully finding a cure to colon cancer. Mr. Levinson stated he attended Kids Fest on Saturday with his nephew and feels the moving of the showcase of the arts and combining it with Kids Fest was a great idea. Mr. Levinson congratulated the Education Committee and stated this was a terrific event. 13.C.5 Mayor Perlman Mayor Perlman stated despite his first meeting happens to fall on April fool's Day and commented that there were also tornado watches today but he truly appreciates the patience of the Commission. Mayor Perlman stated last week he and David Schmidt had the opportunity to meet with Priscilla Presley, celebrity ambassador for the Dream Foundation. Mayor Perlman stated Office Depot presented the Dream Foundation with a $200,000 check and stated the organization is devoted to fulfilling the wishes of terminally ill adults between the ages of 18-65 years old. Mayor Perlman stated Office Depot is a major sponsor for the Dream Foundation and announced that if anyone knows someone who is terminally ill, they can contact Office Depot's Public Affairs Department because there are funds available to help people through these difficult times. Mayor Perlman stated he and Commissioner Archer were at the Wealth Building Tools Conference and commented that there was a group there from Baltimore Development Training Institute and they offered leadership training for non-profit heads, residents and neighborhood association presidents, elected officials, and department heads. Mayor Perlman stated he would like to see if they could return to the City Delray Beach and see what they can offer. Mayor Perlman stated it was great to see them here and noted that they were very impressed with Delray Beach. Mayor Perlman stated he would like to still lobby the Collins Center (title sponsor for the event) and they are still looking for demonstration sites for Palm Beach County and Broward County. Mayor Perlman stated the Vice President of Real Estate for the Collins Center asked the City of Delray Beach to submit a proposal on the Southwest Plan this week and he is hopeful to get some assistance from the Collins Center. -19- 04/01/03 Following up to comments expressed by Commissioner Costin about the litter, Mayor Perlman stated in some of the parking lots on Saturday and Sunday mornings after Friday and Saturday events there is a huge amount of beer bottles and garbage. Mayor Perlman suggested that there be a creative solution to this problem and he feels this does not speak to the image Delray is trying to project. Mayor Perlman commented about a woman who moved fi.om west Boca to the Courtyards of Delray who indicated she is very happy about where she lives. However, Mayor Perlman stated that her only complaint is the noise from the motorcycles and has asked if anything can be done in the residential area of Federal Highway. Mayor Perlman stated the motorcycle noise is becoming an issue especially in the downtown area. Mayor Perlman reminded everyone that the Kick-off for the Residents Academy is Thursday evening at 6:00 p.m. and the topic is the City Commission. Mayor Perlman congratulated Officer John Pun who was named the Palm Beach Post Law Enforcement Officer of the Year and stated this is a significant achievement. Mayor Perlman suggested to the City Manager that Officer Pun be recognized for this achievement and noted that he founded the Youth Enrichment Vocational Center. There being no further business, Mayor Perlman declared the meeting adjourned at 7:50 p.m. ATTEST: City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 1, 2003, which Minutes were formally approved and adopted by the City Commission on April 15, 2003 City Clerk -20- 04/01/03 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -21- 04/01/03 Following up to comments expressed by Commissioner Costin about the litter, Mayor Perlman stated in some of the parking lots on Saturday and Sunday mornings after Friday and Saturday events there is a huge amount of beer bottles and garbage. Mayor Perlman suggested that there be a creative solution to this problem and he feels this does not speak to the image Delray is trying to project. Mayor Perlman commented about a woman who moved from west Boca to the Courtyards of Delray who indicated she is very happy about where she lives. However, Mayor Perlman stated that her only complaint is the noise from the motorcycles and has asked if anything can be done in the residential area of Federal Highway. Mayor Perlman stated the motorcycle noise is becoming an issue especially in the downtown area. Mayor Perlman reminded everyone that the Kick-off for the Residents Academy is Thursday evening at 6:00 p.m. and the topic is the City Commission. Mayor Perlman congratulated Officer John Pun who was named the Palm Beach Post Law Enforcement Officer of the Year and stated this is a significant achievement. Mayor Perlman suggested to the City Manager that Officer Pun be recognized for this achievement and noted that he founded the Youth Enrichment Vocational Center. at 7:50 p.m. There being no further business, Mayor Perlman declared the meeting adjourned ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 1, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk -20- 04/01/03 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -21- 04/01/03