05-04-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, May 4, 2004
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, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
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ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted Account Number for Item 8.P, Site Evaluation
Contract/Weed & Seed, is 115-2125-521-31.90; Revised ordinance for Item 12.A, Ordinance No. 24-04;
Mayor requested Item 9.K, Request to Release Liens/Community Redevelopment Agency, be moved to
Item 9.G; Item 9.G, Bridge Openings, be moved to Item 9.K; Commissioner McCarthy requested Item
8.E, Acceptance of Sidewalk Easement, be moved to the Regular Agenda as Item 9.A.A; Approved as
amended, 5-0)
APPROVAL OF MINUTES:
April 13, 2004 - Regular Minutes (Approved, 5-0)
April 20, 2004 - Regular Minutes (Approved, 5-0)
PROCLAMATIONS:
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Carver High School Reunion
National Preservation Week - May 3-9, 2004
PRESENTATIONS:
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Awards Presentation - Historic Preservation Week Poster Contest
Historic Preservation Board Awards for Outstanding Preservation Work
Delray Affair - Lynn Bialakis
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
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TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treamqent and Disposal Board at
their Quarter Annual Meeting of April 15, 2004.
FINAL SUBDIVISION PLAT APPROVAL/HARBOUR HOUSE PLAT:
Approve the subdivision plat for Harbour House, a four (4) lot fee simple townhouse
development, located at the northwest corner of N.E. 1st Street and the Intracoastal
Waterway.
RESOLUTION NO. 34-04: Approve the abandonment of a portion of Canal Street
right-of-way lying at the northwest corner of N.E. 1st Street and the Intracoastal
Waterway, adjacent to the proposed Harbour House Plat.
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D. ACCEPTANCE OF UTILITY EASEMENT AGREEMENT/PORTEN
CUSTOM HOMES, L.C.: Approve a utility easement agreement associated with the
abandonment of a portion of Canal Street, located on the northwest corner of N.E. 1st
Street and the Intracoastal Waterway.
(MOVED TO ITEM 9.A.A ON THE REGULAR AGENDA)
PALM BEACH COUNTY COURT PUBLIC AGENCY COMMUNITY
SERVICE AGREEMENT: Approve a Public Agency Agreement with the Courts of
the 15th Judicial Circuit that provides for the Parks & Recreation Deparl~nent's
participation in the Palm Beach County Court Community Service Program for
community service workers at Pompey Park.
GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL:
Authorize staff to submit a grant application to the Children's Services Council (CSC)
for funding in the approximate amount of $283,471.00 for the City's out of school
program, day camps and summer camp programs.
SERVICE AUTHORIZATION NO. 10/HELLER-WEAVER AND
SHEREMETA, INC.: Approve Service Authorization No. 10 to Heller-Weaver and
Sheremeta, Inc. in the amount of $15,720.00 for the Lake Ida Area Water Main
Improvement Topographic Survey Project. Funding is available from 442-5178-536-
65.98 (Water/Sewer Renewal & Replacement/Lake Ida Area).
SERVICE AUTHORIZATION NO. 6/KIMLEY-HORN AND ASSOCIATES,
INC.: Approve Service Authorization No. 6 to Kimley-Hom and Associates, Inc. in
the amount of $151,970.00 for professional engineering services related to the corridor
study of U.S. 1 from S.E. 4~ Street to N.E. 4~ Street. Funding is available from the
Community Redevelopment Agency.
CHANGE ORDER NO. 2/FINAL PAYMENT/ROSSO PAVING AND
DRAINAGE, INC.: Approve Change Order No. 2 in the amount of a $5,030.00
decrease, and final payment in the amount of $15,612.80 to Rosso Paving and Drainage,
Inc. for completion of the Sherwood Park Traffic Calming Project. Funding is available
from 334-3162-541-65.60 (General Construction Fund/Traffic Calming).
CHANGE ORDER NO. 1/FINAL PAYMENT/RPM GENERAL
CONTRACTORS, INC.: Approve Change Order No. 1 in the amount of a $980.36
decrease, and final payment in the amount of $2,407.28 to RPM General Contractors,
Inc. for completion of the Water Treatment Plant Control Room Modifications Project.
Funding is available from 442-5178-536-62.10 (Water/Sewer Renewal &
Replacement/Buildings).
CHANGE ORDER NO. 1/FINAL PAYMENT/RANGER CONSTRUCTION
SOUTH: Approve Change Order No. 1 in the amount of $8,440.25 and final
payment in the amount of $21,329.75 to Ranger Construction - South for completion of
the 2003 Street Resurfacing Project. Funding is available from 334-3162-541-61.17
(Street Reconstruction).
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M. TRANSPORTATION ENHANCEMENT GRANT APPLICATION: Approve
and authorize the Mayor to execute the 2004 Transportation Enhancement Grant
Application in the amount of $500,000.00 for the construction of bicycle lanes on
Homewood Boulevard from Lowson Boulevard to Atlantic Avenue.
RESOLUTION NO. 35-04: Approve a resolution requesting funds from the Palm
Beach County Emergency Medical Services Grant Award program to be used for the
purchase of an Advanced Life Support Equipment Upgrade Package for an additional
Engine Company at a cost of $25,649.81.
PAYMENT TO ALLIED CHARTER TOURS, INC./DAVIS CUP: Approve
payment in the amount of $16,957.50 to Allied Charter Tours, Inc. for shuttle bus
service for employees and fans for the Davis Cup Event. Funding is available from
001-4210-575-55.44 (Tennis Stadium/Davis Cup)
SITE EVALUATION CONTRACT/WEED & SEED: Approve a contract
between the City and Treasure Coast Health Council (TCHC) in the amount of
$16,000.00 to conduct a Weed & Seed site evaluation as required by the Executive
Office of Weed & Seed (EOWS)/Department of Justice. Funding is available from
115-2125-521-31.90 (Special Projects Funds/Other Professional Services).
CONTRACT/WEED & SEED: Approve an agreement between the City, Weed &
Seed Initiative, and New Innovations in the amount of $16,000.00 to fund educational
enrichment services provided by New Innovations to the Parks and Recreation
Department's Out-of-School Program. Funding is available from 115-2125-521-83.01
(Weed and Seed Grants/Other Grants/Aid).
CONTRACT/WEED & SEED: Approve an agreement between Weed & Seed
Initiative and the Parks & Recreation Department in the amount up to $47,600.00 for
funding the salary cost of personnel to provide computer training in the SEED TECH
computer lab. Funding is available from 115-2125-521-83.01 (Weed and Seed
Grants/Other Grants/Aid).
PURCHASE AWARD/CENTRAL FLORIDA YAMAHA: Approve a purchase
award to Central Florida Yamaha, Inc. in the amount of $15,950.00 for the purchase of
a Carolina Skiff Rescue Boat/Dive Platform for the Fire Department. This is a
replacement for a boat that was handed down from Ocean Rescue. Funding is available
from 115-0000-248-64.00 (Paramedic Fund)
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $22,500.00 for new
construction on N.W. gh Avenue. This brings the number to 159 homeowners assisted
under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home
Owner Subsidy).
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SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for June 24, 2004 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 (one lane) from N.E. 7~ 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. 1st Street (street closure will be from 3:00 p.m. to approximately midnight), and
authorize staff support for security and traffic control, banner hanging and removal,
barricade set-up/removal, trash removal and clean up assistance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
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Accept the actions and decisions made by the Land Development Boards for the period
April 19, 2004 through April 30, 2004.
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AWARD OF BIDS AND CONTRACTS:
1. Contract award to Jones Company of South Florida in the amount of
$274,237.87 for retention ponds at N.W. lg}~ Avenue, N.W. 15~}~ Avenue, and
S.W. 7~}~ Avenue. Funding is available from 448-5470-538-65.44 (Storm Water
Utility Funds/N.E./N.W. Area/Lake Ida to Atlantic) and 448-5470-538-65.58
(Storm Water Utility Funds/Other Improvements/S.W. Area Improvements).
2. Purchase award to Dural Ford in the amount of $28,000.00 via the Florida
Sheriffs' Association Contract for the purchase of one (1) Police pursuit vehicle
to replace one which was involved in an accident. Funding is available from
501-3312-591-64.20 (Vehicle Replacement).
REGULAR AGENDA:
A. POSTPONEMENT OF THE APPEAL OF THE HISTORIC
PRESERVATION BOARD'S ACTION ASSOCIATED WITH ASCOT
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OFFICE: Consider a request to postpone the appeal of the Historic Preservation
Board's action associated with a Class V site plan for Ascot Office, located at the
southwest corner of N.E. 1st Avenue and N.E. 2~d Street. (Motion to POSTPONE the
Appeal; Approved, 5-0)
ACCEPTANCE OF SIDEWALK EASEMENT: Approve acceptance of a sidewalk
easement for Lot 6, Block 59-Linehan Property, located on the east side of N.W. 1~
Avenue, north of N.W. 1~ Street. (Approved, 4-0; Commissioner McCarthy stepped down
from dais due to Conflict of Interest)
REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING,
INC.: Consider a request from Community Neighborhood Helping, Inc. for financial
support in the amount of $4,000.00 for their Glory Awards Event to be held on June 4,
2004. (Commissioner McCarthy returned to dais; Motion to approve the funding request;
Denied, 4-1; Commissioner McCarthy dissenting;)
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CONDITIONAL USE REQUEST/APACHE OFFSHORE POWERBOATS:
Consider a request for conditional use approval to allow the establishment of a boat
manufacturing facility for Apache Offshore Powerboats, located on the south side of
Southridge Road, approximately 210 feet west of south Swinton Avenue. (Quasi-
Judicial Hearing) (Motion to approve conditional use request with conditions; Approved,
5-0)
REQUEST FOR IN-LIEU PARKING SPACES/PARADISE SALON
STUDIOS: Consider a request by Paradise Salon Studios for the purchase of six (6) in-
lieu parking spaces in the amount of $36,000.00. Paradise Salon Studios is located on
the west side of Pineapple Grove Way, south of N.E. 2'~ Street. (Quasi-Judicial
Hearing) (Motion to approve the purchase of six (6) in-lieu parking spaces; Approved, 5-0)
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/EXPANSION OF OLD SCHOOL SQUARE: Consider approval of an
interlocal agreement between the City and the Community Redevelopment Agency
(CRA) for the expansion of Old School Square to include land acquisition, parking
garage, and the downtown park. (Approved, 3-0; Mayor Perlman passed the gavel and left
dais due to Conflict of Interest and Commissioner Costin left dais due to Conflict of Interest)
THIRD AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY
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REDEVELOPMENT AGENCY: Consider approval of the Third Amendment to
the Block 77 Contract between the Community Redevelopment Agency (CRA) and
Block 77 Development Group, L.C. to provide for a one (1) year extension of the
closing of the contract. (Approved, 4-0; Mayor passed the gavel and left dais and
Commissioner Costin returned to dais)
REQUEST TO RELEASE LIENS/COMMUNITY REDEVELOPMENT
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AGENCY: Consider approval to release various nuisance abatement liens on two
parcels of property adjacent to each other, located along the east side of S.W. 5m
Avenue just north of S.W. 2'~ Street. The Community Redevelopment Agency (CRA)
obtained title to the parcels which will be utilized for affordable housing. (Approved, 4-0
Mayor passed the gavel and left dais)
RESOLUTION NO. 30-04 (MID-YEAR BUDGET ADJUSTMENT): Consider
approval of a resolution making mid-year adjustments to the adopted budget for FY
2004. (Approved, 5-0; Mayor Perlman returned to dais)
REFERENDUM/REMOVING DEED RESTRICTION/CURRENT
LIBRARY SITE: Provide direction regarding when to place the question on the ballot
to remove the deed restriction on Lot 15, located behind the current library site.
(Consensus of the Commission to discuss at a Workshop Meeting)
REVISED STANDARD FORM CONSTRUCTION CONTRACT: Consider
approval of the revised Standard Form Construction Contract. (Approved, 5-0)
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BRIDGE OPENINGS: Consider approval of a proposed bridge opening schedule
based on an impeding rule from the Coast Guard. (Motion to approve the schedule with
the Linton Boulevard bridge opening every hour and half hour, and a commercial exemption
for the Pilgrim Belle Eco Tours; Approved, 5-0)
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AGREEMENT/ZOLL MEDICAL CORPORATION: Consider approval of an
agreement between the City and Zoll Medical Corporation to provide the Fire
Department with educational grant incentives in the amount of $2,000.00 in exchange
for the City's participation in a study regarding AED defibrillators. (Approved, 5-0)
PUBLIC HEARINGS:
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ORDINANCE NO. 21-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
1.4.1, "Interpretation of Land Development Regulations; Subsection 2.4.3(G),
"Architectural Elevations"; Subsection 4.3.3(0), "Townhouses and Townhouse Type of
Development"; Subsection 4.3.4(l)(4), "Increases to Height Regulations"; and (K),
"Development Standards Matrix"; Subsection 4.4.9(F), "Development Standards"; and
(G)(1), "West Atlantic Avenue Overlay District Supplemental District Regulations";
Subsection 4.4.13(A), "Purpose and Intent"; and (F), "Development Standards"; and
(G), "Supplemental District Regulations"; and (I), "Performance Standards"; Subsection
4.4.24(A), "Purpose and Intent"; and (F), "Development Standards"; Subsection
4.4.28(F), "Development Standards"; Subsection 4.6.4(A), "Commercial Zoning
Adjacent to Residential Zoning"; Subsection 4.6.18, "Architectural Elevations and
Aesthetics"; and Appendix "A", "Definitions", to implement the Downtown Delray
Beach Master Plan. (Approved, 5-0)
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RESOLUTION NO. 17-04 (CRA REDEVELOPMENT REVENUE BONDS):
Consider re-adoption of Resolution No. 17-04 authorizing the Community
Redevelopment Agency of the City of Delray Beach to issue Redevelopment Revenue
Bonds not to exceed $12,000,000. (Motion to re-adopt; Approved, 4-0; Mayor Perlman
passed the gavel and left dais due to Conflict of Interest)
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ORDINANCE NO. 27-04: An ordinance amending Chapter 35, "Employees Policies
and Benefits", Subheading "Retirement Plans", of the City Code of Ordinances, Section
35.097, "Retirement Income; Basis Amount and Payment", to clarify the optional forms
of benefit. (Approved, 5-0; Mayor Perlman returned to dais)
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ORDINANCE NO. 23-04: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances, amending Subsection 53.130(F), "Wholesale Sewer
Rates", to provide for rates and charges for wholesale users of the City's sewerage
system. (Approved, 5-0)
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TRANSFER OF PROPERTY/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Consider approval of transferring a two (2) foot
strip of property adjacent to Atlantic Avenue (new library site) to the Florida
Department of Transportation which is requiring this road for right-of-way. (Approved,
5-0)
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11. 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.
12. FIRST READINGS:
ORDINANCE NO. 24-04: An ordinance amending the Land Development
Regulations Section 4.6.15(G) regarding swimming pool setback requirements. If
passed, a public hearing will be scheduled for May 18, 2004. (Approved, 5-0)
ORDINANCE NO. 25-04: An ordinance amending the Land Development
Regulations Sections 2.2.3(B) and 2.2.6(B) regarding the composition and special
qualifications for the Site Plan Review and Appearance Board and the Historic
Preservation Board. If passed, a public hearing will be scheduled for May 18, 2004.
(Approved, 5-0)
ORDINANCE NO. 28-04: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Section 35.105, "Administration by Retirement Committee", by
amending Section 35.105(A)(1), to provide for the naming of the position of Finance
Director as a member of the board. If passed, a public hearing will be scheduled for
May 18, 2004. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 30, 2004
******Meeting ad/oumed at 8:05 p.m. ******
05-04-2004