06-03-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, June 3, 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 requested Item 9.A, Conditional Use Request/Weatherspoon Car
Wash, be moved to the end of the Regular Agenda due to a request from applicant; Item 9.D,
Resolution No. 32-03, was postponed due to a request by applicant; and Item 10.A, Ordinance No. 15-
03, noted as a Quasi-Judicial Hearing. Approved as amended, 5-0.)
APPROVAL OF MINUTES:
May 20, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing and Commending Autobahn Motors
Recognizing Student Ambassadors: Linda Du, Noah Garbarino, Allison Lalane, Eva
Luo and Jessica Pisano
Recognizing and Commending Robert Banquer
Recognizing and Commending Mary Lee Keys
PRESENTATIONS:
Greater Delray Beach Chamber of Commerce - Delray Affair
Pine Grove Elementary School -Janet Meeks
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
FINAL SUBDIVISION PLAT APPROVAL/LAKEVIEW APARTMENTS:
Approve the boundary plat for Lakeview Apartments, located along the east side of
S.W. lffh Avenue, south of Linton Boulevard.
FINAL SUBDIVISION PLAT APPROVAL/VILLAGE GRANDE: Approve the
boundary plat for Village Grande, located on the east side of N.E. 4~h Avenue between
East Atlantic Avenue and N.E. 1st Street.
CONSENT TO ASSIGNMENT/GRUBBS EMERGENCY SERVICES, L.L.C.:
Approve Consent to Assignment with Grubbs Emergency Services, L.L.C. which will
acquire the City's contract for disaster recovery services.
D. CONSENT TO ASSIGNMENT/ALLIED RECEIVABLES FUNDING, INC.:
Approve Consent to Assignment with Allied Receivables Funding, Inc., which will
acquire the City's accounts receivables payments for the collection of solid waste,
vegetative waste, and recycling.
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06-03-2003
ACCEPTANCE OF EASEMENT DEED/ST. MARY'S ANGLICAN
CHURCH: Approve and accept an easement deed from St. Mary's Anglican Church
granting to the City the means to install/maintain a reclaimed water transmission main
and this easement will provide access from the Golf Course to Homewood Boulevard.
The City will pay the church $1,500.00. Funding is available from 441-5181-536-63.95
(Reuse Water System).
ACCEPTANCE OF A RIGHT-OF-WAY DEED/HENRY GARDNER:
Approve and accept a right-of-way deed with Mr. Henry Gardner for a portion of N.W.
5~h Avenue and the adjacent sidewalk currently located on his property.
CHANGE ORDER NO. 2/FINAL PAYMENT/JOHNSON-DAVIS, INC.:
Approve Change Order No. 2 in the amount of a $44,014.00 decrease, and final
payment in the amount of $14,293.11 to Johnson-Davis, Inc. for the LWDD L-33
Canal Box Culvert Project. Funding is available from 334-6120-519-63.90 (New High
School Site/Other Improvements) and 442-5178-536-63.50 (Water Mains).
LANDSCAPE MAINTENANCE AGREEMENT/BOCA DELRAY ANIMAL
HOSPITAL: Approve a landscape maintenance agreement between the City of Delray
Beach and Boca Delray Animal Hospital for the installation of landscaping within the
Jefferson Road right-of-way.
SPECIAL EVENT REQUEST/SUMMER NIGHTS: Approve a special event
request for the Summer Nights on the Avenue 2003 program, including temporary use
permit per LDR Section 2.4.6(H) for use of City property and right-of-way at various
locations, staff support for security and traffic control, street barricading, banner
hanging, stage set up/use, and clean up/trash removal, with payment to the City for
50% of overtime costs exceeding $5,000.00; contingent upon receipt of the hold
harmless agreement and certificate of insurance.
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and
endorse the Art & Jazz on the Avenue scheduled for June 26, 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
with an overtime cap of $6,500.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 19, 2003 through May 30, 2003.
06-03-2003
L. AWARD OF BIDS AND CONTRACTS:
Contract award to Aquifer Maintenance and Performance Systems in the
amount of $32,094.50 for the Rehabilitation of Production Well #22. Funding
is available from 442-5178-536-46.90 (Other Repair & Maintenance).
Purchase award to Otto Industries Systems in the amount of $23,988.00 for the
purchase of garbage carts with lids as a sole source purchase. Funding is
available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement).
Contract award to Hardrives, Inc. in the amount of $109,545.00 for the paving
of roads within the City Cemetery. Funding is available from 334-6111-519-
63.90 (Cemetery Expansion).
Bid award to Motorola in the amount of $111,052.45 for the equipment,
engineering, installation, and programming of the two (2) channel expansion of
the 800 MHz public safety radio system. Funding is available from 115-2112-
521-49.90 (Police Deparunent Federal Forfeiture Account).
REGULAR AGENDA:
CONDITIONAL USE REQUEST/WEATHERSPOON CAR WASH: Consider
a request for conditional use approval to allow the establishment of a self-serve car
wash facility to be known as Weatherspoon Car Wash, located on the west side of
North Federal Highway (2210 North Federal Highway), approximately 1,600 feet south
of Gulf Stream Boulevard. (Quasi-JudiciM Hearing) (Approved with operating hours
of 6:00 a.m. until midnight, subject to conditions, 5-0)
B. ADOPTION OF THE SOUTHWEST NEIGHBORHOOD
REDEVELOPMENT PLAN: Approve and adopt the Southwest Neighborhood
Redevelopment Plan. (Approved, 5-0)
REQUEST FOR IN-LIEU PARKING SPACES/Ill EAST ATLANTIC
AVENUE: Consider a request by Craige's Furniture for the purchase of nine (9) in-
lieu parking spaces in the amount of $108,000.00. Craige's Furniture is located at 111
East Atlantic Avenue. (Quasi-JudiciM Hearing) (Approved subject to condition of an
off-site parking agreement upon certificate of occupancy, 4-1; Commissioner Costin dissenting)
RESOLUTION NO. 32-03: Consider approval of the abandonment of a portion of
Wallace Drive right-of-way (formerly Germantown Road), located on the west side of
S.W. lffh Avenue, between S.W. lffh Street and Wallace Drive. (PULLED by applicant)
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06-03-2003
10.
11.
12.
SPECIAL EVENT REQUEST/ANNUAL BED RACE: Consider a request for
special event approval for the Annual Bed Race sponsored by Pineapple Grove NP, Inc.
to be held August 30, 2003 and concerts to be held on August 29 and 30, 2003, granting
a temporary use permit per LDR Section 2.4.6(H) for the use and closure of N.E. 2'~
Avenue from 4:00 a.m. until 11:00 p.m. on August 30, 2003 and the closure of N.E. 1st
Avenue from the ground of Old School Square to N.E. 1st Street on Friday, August 29,
2003 from 6:00 a.m. until 11:00 p.m. on August 30, 2003; staff support for traffic
control and security, EMS assistance, barricade set up/removal, stage set up/removal,
trash clean up, and event signage; contingent upon the receipt of a certificate of liability
insurance and a hold harmless agreement with a change in the site plan to maintenance
a 14' clearance for emergency vehicles. (Approved, 5-0)
APPOINTMENT OF OUTSIDE COUNSEL/FLORIDA BLACKTOP V. CITY
OF DELRAY BEACH: Consider appoinunent of Malcolm Cunningham of the
Cunningham Law Firm to act as outside counsel for the case of Florida Blacktop, Inc. v.
City of Delray Beach at a rate not to exceed fg235.00 per hour. (Approved, 5-0)
PROPOSAL FOR SETTLEMENT/STATE FARM v. CITY: Consider
acceptance of proposal for settlement subject to the receipt of appropriate releases in
the State Farm v. City of Delray Beach case. Staff recommends acceptance. (Approved,
5-0)
PUBLIC HEARINGS:
ORDINANCE NO. 15-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Ordinance No. 7-03 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. (O,~si-J, aici~ Hearing') (Motion to approve Ordinance
No. 15-03; Failed, 5-0. Ordinance No. 15-03 denied)
RESOLUTION NO. 37-03: Consider approval of Resolution No. 37-03 transferring
two lots to Habitat for Humanity of South Palm Beach County to be utilized for
affordable housing. (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. 16-03: An ordinance rezoning from AC (Automotive
Commercial) to GC (General Commercial) for a 0.759 acre parcel of land located at 909
S.E. 5~h Avenue and S.E. ffh Street for Gulf Stream Business Bank. If passed, a quasi-
judicial public hearing will be scheduled for June 17, 2003. (Approved, 5-0)
06-03-2003
13.
ORDINANCE NO. 13-03: An ordinance amending the Land Development
Regulations Section 2.4.3 (K)(1) to provide for an increase in the development
application fees. If passed, a public hearing will be scheduled for June 1'7, 2003.
(Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting ad/ourned at lO:30 p.m. ******
POSTED: MAY :30, 200:3
06-03-2003