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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. Bo 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. Co 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. 2. 3. 4. o o ° 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: Ao 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) Ao 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 Co Do 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. 06-08-2004 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). 06-08-2004 N. DISTRIBUTION OF FY 2005 DRUG CONTROL & SYSTEM Oo Po Qo Ro 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. So 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: ° 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). 06-08-2004 REGULAR AGENDA: A. MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/BJCE, Bo Co 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 Fo Go 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): Ho 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) 06-08-2004 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: 10. 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 06-08-2004 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; go 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; ho 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; no 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; 06-08-2004 11. 12. 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) 06-08-2004 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. ****** 06-08-2004