07-08-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, July 8, 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.
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3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor requested Item 9.D, Final Boundary Plat Approval/Owens Baker,
be pulled from the agenda due to a request from staff; Item 8.F, Water Relocation
Agreement/Diamond, was clarified as the relocation of existing water services and not water mains;
Commissioner Levinson requested Item 8.N, City of Delray Beach/Delray Beach Housing Authority
Funding Agreement be moved to Regular Agenda as Item 9.A.1; Approved as amended, 5-0.)
APPROVAL OF MINUTES:
· June 17, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing and Commending Reverend John W.H. Thomas, Jr.
Recognizing and Commending Sergeant Robert Bradley
Recognizing and Commending Officer Fred Parker
PRESENTATIONS:
RESOLUTION NO. 42-03: Recognizing and Commending Lieutenant Wayne
Yoder for twenty-one years of dedicated service to the City of Delray Beach, and
congratulations on his new position with the National Fire Academy. (Approved, 5-0)
B. Recommendations of the Pedestrian Bicycle Task Team
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
FINAL SUBDIVISION PLAT APPROVAL/SHOREWALKER PLACE:
Approve the subdivision plat for Shorewalker Place, located on the south side of
George Bush Boulevard, east of Andrews Avenue.
REQUEST FOR SIDEWALK DEFERRAL/209 PALM TRAIL: Approve a
request to defer the installation of a sidewalk in front of 209 Palm Trail. Staff
recommends approval.
RESOLUTION NO. 40-03: Approve Resolution No. 40-03 assessing costs for the
demolition of an unsafe structure located at 46 N.W. 12m Avenue.
RESOLUTION NO. 41-03: Approve Resolution No. 41-03 assessing costs for action
necessary for the emergency board-up of an unsafe structure located at 24 N.W. 7m
Avenue.
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E. AUTHORIZATION TO PROCEED/COASTAL PLANNING &
ENGINEERING, INC.: Authorize Coastal Planning & Engineering, Inc. to proceed
with the borrow easement modification and to pursue a submerged land lease to protect
sand resources for future Delray Beach Renourishment projects in an amount not to
exceed $14,310.58. Funding is available from 332-4164-572-31.30 (Beach Restoration
Fund).
WATER RELOCATION AGREEMENT/DIAMOND: Approve an agreement in
the amount of $3,491.25 between the City of Delray Beach and Corky Diamond for the
relocation of water meters.
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/OFFICE
COMPLEX: Authorize the City to act as the utility permit applicant for the existing
water main connection within the state right-of-way (located on the southwest corner of
Northbound Federal Highway and S.E. 10~ Street) and approve a Hold Harmless
Agreement with the developer (Southern Development Services, Inc.).
HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant,contract award through Community Development
Division in the amount of $22,774.50 to Alpha South Construction (350 S.W. 8
Avenue). Funding is available from 118-1924-554-49.19 (SHIP Housing Rehabilitation
Grant).
AMENDMENT TO EDUCATION BOARD RULES: Approve an amendment to
the Rules of the City of Delray Beach Education Board, Article III, Section A, "Regular
Meetings" to provide consistency with Chapter 32, "Departments, Boards and
Commissions", Section 32.30, "Meetings", subsection (A) of the Code of Ordinances;
and reduce the number of required monthly meetings from two to one.
CONTRACT ADDITION/MAN-CON, INC.: Approve Contract Addition No. 1
to the Lift Station #6 Force Main System Improvements Project in the amount of
$57,338.15 to Man-Con, Inc. for an additional water main installation on N.W. 6~
Avenue. Funding is available from 442-5178-536-63.50 (Water Mains).
CHANGE ORDER NO. 1/REED LANDSCAPING, INC.: Approve Change
Order No. 1 in the amount of a $25,244.36 decrease to Reed Landscaping, Inc. for the
Lake Ida Road Beautification Project.
SERVICE AUTHORIZATION NO. 5/CAULFIELD & WHEELER, INC.:
Approve Service Authorization No. 5 to Caulfield & Wheeler, Inc. in the amount of
$24,525.00 for the S.W. 1st Street/S.W. 3~ Street and S.W. 6~ Avenue/S.W. 3~ Avenue
topographic survey for water main improvements. Funding is available from 442-5178-
536-63.50 (Water/Sewer Renewal & Replacement Fund/Water Mains).
REINO PARKING SYSTEMS, INC./MULTI-SPACE PARKING METERS:
Approve payment in the amount of $54,613.52 to Reino Parking Systems, Inc. for the
purchase of the existing Multi-Space Parking Meter System. Funding is available from
115-1802-512-64.90 (Special Projects Fund/Other Machinery/Equipment).
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MOVED TO REGULAR AGENDA AS ITEM 9.A.1
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 16, 2003 through July 3, 2003.
P. AWARD OF BIDS AND CONTRACTS:
Contract award to FiberCat Networking in an amount not to exceed $28,654.81
for repairs to the City's wireless systems. Funding is available from 001-1811-
513-64.11 and 334-6112-519-64.11 (Computer Equipment).
Purchase award to Exeter Architectural Products in the amount of $49,736.39
for forty-one (41) hurricane shutters for the second floor of Police Deparunent
Headquarters. Funding is available from 334-6111-519-62.10 (General
Construction Fund/Buildings).
Contract renewal with Red Wing Shoe Store for the purchase of safety footwear
for City Employees via the Palm Beach County Bid #01-078/CC at an
estimated annual cost of $21,961.00. Funding is available from various
departments' operating expense budgets.
Purchase award to Office Depot at an estimated annual cost of $205,000.00 via
the Florida Atlantic University RFP #03S-407 for offices supplies. Funding is
available from various departments' operating budgets.
Purchase award to Water Treatment & Controls Company in the amount of
$15,885.00 for an 8,500 gallon Ferric Chloride Storage Tank for the Water
Treatment Plant. Funding is available from 441-5161-536-63.90 (Other
Improvements).
Bid award to Knight Electric Company, Inc. in the amount of $26,750.00 for
the replacement of marina pedestals. Funding is available from 426-4311-575-
63.90 (City Marina Fund/Other Improvements).
Bid award to Harry Maxime Landscaping at an estimated annual cost of
$19,046.00 for the landscape maintenance of George Bush Boulevard/N.E. 8
Street and West Atlantic Avenue. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund/Maintenance).
REGULAR AGENDA:
A.1.
CITY OF DELRAY BEACH/DELRAY BEACH HOUSING AUTHORITY
FUNDING AGREEMENT: Approve an agreement for funding and acceptance of
funds between the City of Delray Beach and Delray Beach Housing Authority for a
period October 1, 2002 through September 30, 2003. The Delray Beach Housing
Authority will implement and administer the SEEDTECH Technology Center at Carver
Estates. (Approved, 5-0)
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CONTRACT ADDITION NO. 1/DOUGLAS N. HIGGINS, INC.: Approve
Contract Addition No. 1 to the Seacrest Neighborhood Improvements Phase IV
Project in the approximate amount of $229,500.00 to Douglas N. Higgins, Inc. for ten
(10) additional splitter islands. Funding is available from 334-6111-519-63.89
(Neighborhood Enhancements). (Motion to approve thirteen (13) splitter islands for an
additional amount of $70,000.00 increasing the total amount to $299,500.00; Approved, 5-0)
SPECIAL EVENT REQUEST & RESOLUTION NO. 43-03/ROOTS
CULTURAL FESTIVAL: Consider a request for special event approval to allow
the 26~h Annual Roots Cultural Festival to be held between August 8~h and August 10,
2003, and approve Resolution No. 43-03 in support of the event. (Approved, 5-0)
CONDITIONAL USE REQUEST/BEXLEY PARK: Consider a request for
conditional use approval to allow the consmaction of 72 multi-family units within the
PC (Planned Commercial) portion of the Bexley Park Development, a proposed
traditional neighborhood development, located at the northeast corner of the L-31
Canal and Military Trail. (Quasi-Judicial Hearing) (Approved, 5-0)
FINAL BOUNDARY PLAT APPROVAL/OWENS BAKER: Consider approval
of the boundary plat for Owens Baker, located at the northwest corner of West Atlantic
Avenue and the Lake Worth Drainage District (LWDD) E-4 Canal. (Quasi-Judicial
Hearing) (PULLED)
REJECTION OF BIDS/SEAWALL PROJECT: Consider rejection of all bids
received for the 2001-039 N.E. 4~h Street and S.E. 3~ Street Seawall Project due to
errors in the bids and authorize staff to re-bid contract later in the year. (Approved, 5-0)
INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2003-02:
Formally initiate Comprehensive Plan Amendment 2003-02 pursuant to Section 9.2.1 of
the Land Development Regulations. (Approved, 5-0)
INITIATION OF FUTURE LAND USE MAP AMENDMENT: Formally
initiate Future Land Use Map (FLUM) Amendment from LD (Low Density Residential
0-5 du/ac) to CF-C (Community Facilities - Churches) and rezoning from R-1AA
(Single Family Residential) to CF (Community Facilities) for Trinity Lutheran Church,
located at the northwest corner of North Swinton Avenue and Lake Ida Road. (Quasi-
JudieialHearing) (Approved, 5-0)
APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman/Vice-Chairman to the
Community Redevelopment Agency Board. (Mayor Perlman stepped down due to Conflict
of Interest. Appointed Howard Ellingsworth as Chairman and approved, 4-0; appointed
Brenda Montague as Vice-Chairman and approved, 4-0)
APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for an unexpired term ending
January 14, 2004. Based upon the rotation system, the appoinunent will be made by
Commissioner Archer (Seat #2). (Commissioner Archer passed on appointment until the
July 22, 2003 Regular Meeting)
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10.
11.
12.
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate voting delegate to the Florida League of
Cities' 7Th Annual Conference to be held at the Wyndham Palace Resort and Spa on
August 14-16, 2003. (Motion to designate Commissioner Archer as voting delegate;
Approved, 5-0)
PUBLIC HEARINGS:
REQUEST FOR WAIVER/VINTAGE ROSE: Consider a waiver request from
the Vintage Rose, located at 102 N.E. 1st Avenue, to Land Development Regulations
Section 4.6.7(G)(7) governing the type and number of signs allowed per lot for Historic
Districts. (Quasi-JudiciM Hearing) (Approved, 5-0)
REQUEST FOR WAIVER/BULL BAR: Consider a waiver request from the Bull
Bar, located at 2 East Atlantic Avenue, to Land Development Regulations Section
4.6.7(G)(7) governing the type and number of signs allowed per lot for Historic
Districts. (Quasi-]~diciM Hearing) (Approved, 5-0)
ORDINANCE NO. 17-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations Section 4.6.9 (E)(3)(d)
regarding payment of in-lieu fees. If passed, a second public hearing will be scheduled
for July 22, 2003. (Approved, 5-0)
ORDINANCE NO. 18-03: An ordinance repealing the current Chapter 93, "Cable
Television" of the City Code of Ordinances and enacting a new Chapter 93, "Cable
Television" providing for revised definitions, equipment and technical standards,
establishment of a security fund, and other guidelines. (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. 19-03: An ordinance amending Ordinance No. 14-02 eliminating
the requirement to include the amount of civil penalties owed on the notices affixed to
the vehicle. If passed, a public hearing will be scheduled for July 22, 2003. (Approved,
5-0)
ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control" of
the City Code of Ordinances to clarify distance requirements for noise emanating from
vehicles and buildings; and to provide that the outdoor playing of musical or similar
instruments is prohibited in residential zoning districts. If passed, a public hearing will
be scheduled for July 22, 2003. (TABLED, 5-0)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
~~ Meeting adjourned at 8:05 p.m. ~~
POSTED: JULY :3, 200:3
07-08-2003