06-08-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, June 8, 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. (Commissioner Levinson absent)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor requested Item 9.A, Municipal Golf Course Management
Agreement/BJCE, Inc., be postponed until June 22, 2004; Item 9.B, Tennis Center Management
Agreement/Dubin & Associates, be postponed until June 22, 2004; Item 12.B, Ordinance No. 30-04,
be postponed until June 22, 2004; Item 12.C, Ordinance No. 31-04, be postponed until June 22,
2004; and Item 10.B be continued on June 22, 2004; Approved as amended, 4-0).
APPROVAL OF MINUTES:
May 18, 2004 - Regular Minutes (Approved, 4-0)
PROCLAMATIONS:
A. Recognizing the Tzofim Friendship Caravan Tavor
PRESENTATIONS:
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Hamlet Country Club support of Delray Police and Fire-Rescue Departments
Legislative Session Update- Senator Ron I~ein
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
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FINAL SUBDIVISION PLAT APPROVAL/PJB L.L.C. PLAT: Approve the
subdivision plat for PJB L.L.C., a two (2) lot single family minor subdivision, located
at the northeast corner of Martin Luther I~ng, Jr. Drive (N.W. 2~d Street) and N.W.
5~h Avenue and associated waiver to the alley improvement obligation (LDR Section
6.1.2(A) (2) (a)) for one-half the cost of the alleyway.
B. RESOLUTION NO. 43-04/MORSE KIA AUTOMOTIVE: Approve
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Resolution No. 43-04 abandoning a twenty-six (26) foot strip of right-of-way, located
adjacent to Dixie Highway and just north of Fladell Way, reserving an easement for
utilities.
ACCEPTANCE OF A RIGHT-OF-WAY DEED/MORSE KIA
AUTOMOTIVE: Approve and accept a right-of-way deed with Morse Operations,
Inc. for a portion of land adjacent to Dixie Highway and just north of Fladell Way in
order to provide a uniform right-of-way on Fladell Way.
RESOLUTION NO. 44-04: Approve Resolution No. 44-04 assessing costs for
action necessary to remove junked and/or abandoned vehicles from eight (8)
properties throughout the City.
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RESOLUTION NO. 45-04: Approve Resolution No. 45-04 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located
at 709 S.W. 2~d Terrace.
RESOLUTION NO. 46-04: Approve Resolution No. 46-04 assessing costs for
abatement action required to remove nuisances on twelve (12) properties throughout
the City.
ACCEPTANCE OF A RIGHT-OF-WAY DEED/PARADISE SALON
STUDIOS: Approve and accept a right-of-way deed with Paradise Salon Studios,
located at 140 N.E. 2~d Avenue.
ACCEPTANCE OF A RIGHT-OF-WAY DEED/EAST SIDE LOFTS:
Approve and accept a right-of-way deed and landscape maintenance agreement
associated with East Side Lofts (fka Antique Country Pine), located at 2050-2100
North Federal Highway.
FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
THE MERIDIAN: Authorize the City to act as the utility permit applicant for the
construction of an eight (8) inch water main within the state right-of-way (located
between S.E. 3~d Street and S.E. 4~ Street on the east side of northbound Federal
Highway) and approve a Hold Harmless Agreement with the developer (Mallory II,
L.L.C.).
SERVICE AUTHORIZATION NO. 1/CH2M HILL, INC.: Approve Service
Authorization No. 1 to CH2M HILL, Inc. in an amount not to exceed $50,000.00
for construction management services relating to the Aquifer Storage and Recovery
(ASR) Well Rehabilitation Project. Funding is available from 442-5178-536-31.30
(Engineering/Architectural).
RESCIND CONTRACT AWARD/RSI OF FLORIDA, INC.: Rescind the
contract award to RSI of Florida, Inc. for the Re-roofing of the Utilities Maintenance
Building Project and postpone the project.
REJECTION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER
MAIN IMPROVEMENTS PROJECT: Approve the rejection of all bids
received for the 2003-011 Palm Trail Neighborhood Water Main Improvements
Phase 1 Project due to the reallocation of funding to higher priority projects and
authorize staff to re-bid in September, 2004.
CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT:
Approve and authorize the execution of a funding agreement in the amount of
$16,243.00 with one (1) sub-recipient (Delray Youth Vocational Charter School)
under the Weed & Seed program for FY 2003-2004. Funding is available from 115-
2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid).
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N. DISTRIBUTION OF FY 2005 DRUG CONTROL & SYSTEM
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IMPROVEMENT FUNDS: Approve the distribution of FY 2005 Drug Control
& System Improvement (DCSI) funds (aka Byme funds) in the amount of $726,880
as recommended by the Criminal Justice Commission; and authorize the Mayor to
send a letter agreeing to the allocation of these funds.
LEASE AGREEMENT/MATCH POINT, INC.: Approve a lease agreement
between the City of Delray Beach and Match Point, Inc. for the use of two (2) office
spaces and six (6) phone lines, located at the north end of the City Attorney's office
building.
RESOLUTION NO. 48-04: Approve Resolution No. 48-04 and the Interlocal
Agreement between the Florida Deparn-nent of Transportation, Palm Beach County,
and Palm Beach County Municipalities for the expansion of the membership of the
Palm Beach Metropolitan Planning Organization (MPO) to include Greenacres,
Royal Palm Beach, and Wellington.
RESOLUTION NO. 42-04: Consider approval of a resolution to set the public
hearing date for the Pineapple Grove Way Special Assessment District Final
Assessment Roll.
AMENDMENT #2 TO THE CLINICAL SERVICES AGREEMENT/DR.
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RANDALL WOLFF: Approve Amendment #2 to the Clinical Services Unit
(CSU) Agreement between the City and Dr. Randall Wolff to provide for a 15%
increase effective October 1, 2004 and enhancements to the Fire Fighter and Police
Officer annual physical examinations.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
To
Accept the actions and decisions made by the Land Development Boards for the
period May 17, 2004 through June 4, 2004.
AWARD OF BIDS AND CONTRACTS:
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Bid award to Integrity Well and Pump Company in the amount of
$307,300.00 for rehabilitation of the Aquifer Storage and Recovery (ASR)
well. Funding is available from 442-5178-536-46.90 (Water & Sewer/Other
Repair & Maintenance).
Purchase award to Ferguson Waterworks at an estimated annual amount of
$17,894.22 via the City of Hollywood Bid #F-3765-02-WG for the purchase
of fire hydrants for the Water Sewer Division. Funding is available from
442-5178-536-61.77 (Water & Sewer/Renewal & Replacement/Fire Hydrant
Replacement).
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REGULAR AGENDA:
A. MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/BJCE,
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INC.: Consider approval of a revised agreement between the City and BJCE, Inc.
to provide for management services at the Municipal Golf Course and at the
Lakeview Golf Course for the period October 1, 2004 through September 30, 2009.
(POSTPONED until June 22, 2004)
TENNIS CENTER MANAGEMENT AGREEMENT/DUBIN &
ASSOCIATES): Consider approval of a revised agreement between the City and
Dubin & Associates for management services at the Delray Beach Tennis Center for
the period October 1, 2004 through September 30, 2009. (POSTPONED until June
22, 2004)
VILLAGE FOUNDATION/INTEREST CHARGES: Consider a request from
the Village Foundation to forgive interest charges in the amount of ~g532.00 for the
late payment of a loan. (Motion to forgive interest charges; Approved, 4-0)
D. DEFERRAL OF LICENSE FEES/FLORIDA TELEPORT: Consider
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approval of a deferral of license fees from Florida Teleport until 2006 due to title
problems with their site in Delray Beach. (Motion to approve the deferral and authorize
the City Attorney to prepare an amendment to the agreement; Approved, 4-0)
SPECIAL EVENT REQUEST & RESOLUTION NO. 47-04/ROOTS
CULTURAL FESTIVAL: Consider a request for special event approval to allow
the 27h Annual Roots Cultural Festival to be held between August 6~h and August 8,
2004, and approve Resolution No. 47-04 in support of the event. (Approved, 4-0 with
staff recommendations)
PROPOSED AMENDMENT NO. 2/HORSE DRAWN CARRIAGE, INC.:
Consider approval of Amendment No. 2 to the agreement with Horse Drawn
Carriages, Inc. to allow them to continue to operate Thursdays through Saturdays
until October 31, 2004. Staff recommends denial. (Motion to approve Amendment
No. 2; Denied, 4-0)
RESOLUTION NO. 49-04 (COMMITTING TO COMPLY WITH
MINIMUM LEVEL OF SERVICE STANDARDS FOR FIRE/RESCUE):
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Consider approval of Resolution No. 49-04 committing to comply with minimum
level of service standards for Fire/Rescue services. (Approved; 4-0)
SETTLEMENT AGREEMENT/CIGNA: Consider approval of a settlement
agreement between the City and CIGNA. (Approved, 4-0)
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I. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2)
regular members and one (1) alternate member to the Civil Service Board for two (2)
year terms ending July 1, 2006. Based upon the rotation system, the appoinunents
will be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and
Commissioner Archer (Seat #2). (Appointed Kxistin Christensen as Regular Member and
approved, 4-0; appointed Leonard Friedman as Regular Member and approved, 4-0;
appointed Morris Weintraub as Alternate Member and approved, 4-0)
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY BOARD: Appoint one (1) member to the Community Redevelopment
Agency Board for a four (4) year term ending July 1, 2008. Based on the rotation
system, the appointment will be made by Commissioner Archer (Seat #2). (The
Mayor passed the gavel due to Conflict of Interest. Appointed Brenda Montague and
approved, 3-0)
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
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Appoint one (1) re£,/ar member to the Delray Beach Housing Authority for a four
(4) year term ending July 14, 2008. Based on the rotation system, the appointment
will be made by Commissioner Archer (Seat #2). (Appointed Joseph Bemadel and
approved, 4-0)
PUBLIC HEARINGS:
ORDINANCE NO. 14-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending the Land Development Regulations by repealing Sections
2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program",
and Section 4.6.7 "Signs" and enacting a new single Section 4.6.7 "Signs", and
amending Appendix "A", to update the definitions, to provide a single cohesive
ordinance regulating signs and sign permits. If passed, a second public hearing will
be scheduled for June 22, 2004. (Motion to approve with proposed changes; Approved,
4-0)
POLICY STATEMENT: Consider approval of a Policy Statement
allowing temporary portable signs in the public right-of-way during periods
of major construction/redevelopment. (Approved, 4-0)
ORDINANCE NO. 29-04 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2004-02 and
associated Future Land Use Map (FLUM) amendments, and authorize transmittal to
the State Department of Community Affairs. Amendment 2004-02 includes:
1. Text Amendments:
Future Land Use Element - Modification of the description of the Medium
Density FLUM designation to include provisions for increased density to
approximately 24 units/acre within the boundaries of a special overlay
district within the Southwest Neighborhood Area, subject to Conditional Use
approval. This overlay district, located between the commercial area along
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West Atlantic Avenue and S.W. 2~d Street, from Swinton Avenue to
Interstate 95, is being created to accommodate higher density residential
development pursuant to the Southwest Area Neighborhood Redevelopment
Plan;
b. Future Land Use Element - Modification of the descriptions of the
Commercial PLUM designations related to the West Atlantic Overlay Area;
c. Future Land Use Element - Modification of FLUM category descriptions to
reflect consolidation and elimination of unnecessary FLUM designations;
d. Transportation Element- Revise Map #17, Intermodal Facilities;
e. Transportation Element - Revision to policies under Objective D-3 to
address and update timetables and the completion of tasks;
f. Housing Element - Update Residential Neighborhood Categorization Map
to reflect existing land use and boundary changes;
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Public Facilities Element - Revisions to consider the regional water supply
plan and include a 10-year Water Supply Facilities Work Plan addressing
water supply facilities necessary to serve existing and new development;
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Conservation Element - Amendment dealing with public recreation and boat
ramps in conservation areas to achieve internal Plan consistency with the
Open Space and Recreation Element;
Conservation Element - Revisions addressing projected water needs and
sources considering the South Florida Water Management District's Lower
East Coast Water Supply Plan;
Open Space and Recreation Element - Add policy stating that all park
planning will be compatible with the adopted City of Delray Beach Parks and
Recreation System Master Plan;
k. Intergovernmental Coordination Element - Add policy to ensure
coordination of the Comprehensive Plan with the regional water supply plan;
Capital Improvement Element - Modify Table CI-CIP (5-Year Capital
Improvements Schedule for Projects>S25,000) to reflect implementation of
the new $24 million Parks and Recreation Bond;
m. Capital Improvement Element - Modification of Table SD-CIP. This table
is the School District's Six Year Capital Improvement Schedule referenced in
CIP Element Policy A-8.3;
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Public Schools Facilities Element - Updated Map Series for the School
District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3. Eliminate Maps PS
3.2 and PS 3.4;
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o. Public Schools Facilities Element- Elimination of the appendices;
Public Schools Facilities Element - Minor text changes throughout the
element to amend references to the updated Map Series; updated Six Year
Capital Improvement Schedule; and the deleted Appendices;
q. Public Schools Facilities Element - Amendments required to maintain
consistency with the recently amended Interlocal Agreement
· Add definition for "First FTE Student Count" to definitions section
· Amend Policy A-I.1 dealing with the level of service standard
· Amend Policy A-3.1 dealing with intergovernmental coordination
2. Future Land Use Map Amendments:
a. Privately initiated Future Land Use Map (FLUM) Amendment from LD (Low
Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12
du/ac) for The Cottages at Banyan Village, located at the southwest corner of
Swinton Avenue and S.W. 10m Street.
b. City initiated Future Land Use Map Amendment from GC (General
Commercial) to CC (Commercial Core) for properties generally located on
the north and south sides of West Atlantic Avenue, between NW/SW 1st
Avenue (100 Block) and NW/SW 12~h Avenue (1200 Block) within the West
Atlantic Avenue Overlay District.
(Motion to CONTINUE public hearing on June 22, 2004 at 7:00 p.m.; Approved, 4-0)
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. 26-04: An ordinance amending Chapter 132, "Offenses
Against Public Peace and Safety", of the Code of Ordinances by amending Section
132.09, "Skateboarding and the like Prohibited", to provide certain areas in which
skateboarding shall be prohibited. If passed, a public hearing will be scheduled for
June 22, 2004. (Approved, 4-0)
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13.
ORDINANCE NO. 30-04: An ordinance rezoning from CF (Community
Facilities) in part and R-1-A (Single Family Residential) in part to RM-10 (Medium
Density Residential 10 units per acre) for an 8.96 acre parcel of land for The
Cottages at Banyan Village, located at the southwest corner of Swinton Avenue and
S.W. lffh Street. If passed, a public hearing will be scheduled for June 22, 2004.
(POSTPONED until June 22, 2004)
ORDINANCE NO. 31-04: An ordinance rezoning from GC (General
Commercial) to CBD (Central Business District) for 41.53 acres of land for
properties generally located on the north and south sides of West Atlantic Avenue,
between NW/SW 1st Avenue (100 Block) and NW/SW 1Zh Avenue (1200 Block)
within the West Atlantic Avenue Overlay District. If passed, a public hearing will be
scheduled for June 22, 2004. (POSTPONED until June 22, 2004)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JUNE 4, 2004
Meeting adjourned at 8:lS p.m. ******
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