06-22-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, June 22, 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 McCarthy arrived at 6:40 p.m.)
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted additional agreement for Item 8.C, Vendor
Agreement/Service Authorization No. 1/Gary Moore; Commissioner Costin requested that Item 8.A,
Service Authorization No. 99-07/Arcadis/LNW, be moved to the Regular Agenda as Item 9.A.1; Item
9.D, Appeal of the Historic Preservation Board's Decision Associated with Ascot Office, was withdrawn
due to a request from the applicant; Item 12.A, Ordinance No. 31-04, will not come back for second
reading on July 6, 2004, as part of the Comprehensive Plan it will come back for second reading when
the Comprehensive Plan is adopted; Approved as amended, 4-0)
APPROVAL OF MINUTES:
June 8, 2004 - Regular Meeting (Approved, 4-0)
June 15, 2004 - Special Meeting (Approved, 4-0)
PROCLAMATIONS:
· NONE
PRESENTATIONS:
Expanding & Preserving Our Cultural Heritage (EPOCH) Grant Fund Request
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. (MOVED TO ITEM 9.A.1 ON THE REGULAR AGENDA)
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SERVICE AUTHORIZATION NO. P-01/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. P-01 to Currie Sowards Aguila
Architects in the amount of ~30,750.00 for consultant design services for the new Lake
Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake
Ida Park).
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VENDOR AGREEMENT/SERVICE AUTHORIZATION NO. 1/GARY
MOORE: Approve a Vendor Agreement and Service Authorization No. 1 to Gary
Moore in the amount of $68,000.00 for the design and installation of art improvements
along West 5~h Avenue from S.W. 1st Street to N.W. 2~d Street (Martin Luther I~ng
Boulevard). The Community Redevelopment Agency (CRA) has agreed to pay the cost
of this service authorization. Funding is available from 334-3162-541-65.83 (General
Construction Fund/N.W./S.W. 5~h Avenue/S.W. 1st Street to N.W. 2~d Street).
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D. SERVICE AUTHORIZATION NO. P-0!/BOY SCOUT HUT
PARK/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service
Authorization No. P-01 to ICAmley-Horn and Associates, Inc. in the amount of
$29,924.00 for survey and schematic site plan work to develop the Boy Scout Hut Park
Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout
Hut Park).
AGREEMENT/GULF STREAM COUNCIL, INC.: Approve an agreement in the
amount of $11,000.00 between the City and Gulf Stream Council, Inc. (BSA) to sponsor
a Cub Scout Program at the Village Academy Elementary School. Funding is available
from 118-1974-554-49.90 (Other Current Charges/Neighborhood Association).
THIRD AMENDMENT TO THE TRIPARTITE AND INTERLOCAL
AGREEMENT/DELRAY BEACH LIBRARY: Approve the Third Amendment to
the Tripartite and Interlocal Agreement between the City, the Community
Redevelopment Agency, and the Delray Beach Public Library Association, Inc.
modifying the date of construction, date of deposit, and requiring the library to meet the
terms and requirements in the technical assistance advisement request and response.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 7, 2004 through June 18, 2004.
H. AWARD OF BIDS AND CONTRACTS:
· NONE
9. REGULAR AGENDA:
A.1
SERVICE AUTHORIZATION NO. 99-07/ARCADIS/LNW: Approve Service
Authorization No. 99-07 to Arcadis/LNW in the amount of $74,100.00 for the design
of converting S.E./N.E. 1st Streets between Swinton Avenue and East Ch Avenue from
one-way to two-way streets. The Community Redevelopment Agency (CRA) has
agreed to pay for the design of this project. Funding is available from 334-3162-541-
65.88 (S.E./N.E. 1st Street/One Way Pairing). (Approved, 5-0)
MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/BJCE, INC.:
Consider approval of a revised agreement between the City and BJCE, Inc. to provide
for management services at the Municipal Golf Course and the Lakeview Golf Course
for the period October 1, 2004 through September 30, 2009. (Motion to approve revised
Golf Management Agreement; Denied, 5-0)
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. (Motion to approve revised Tennis
Management Agreement; Denied, 5-0. Motion to put Tennis and Golf Management Services
out to bid; Approved, 5-0)
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REQUEST FOR IN-LIEU PARKING SPACES/THE ASCOT BUILDING:
Consider a request from The Ascot Building for the purchase of five (5) in-lieu parking
spaces in the amount of $30,000.00 and the construction of seven (7) on-street parking
spaces in the adjacent right-of-way. The Ascot Building is located on the southwest
corner of N.E. 1st Avenue and N.E. 2'~ Street. (Quasi-JudiciM Heating) (Motion to
approve the purchase of five (5) in-lieu parking spaces; Approved, 5-0)
APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH ASCOT OFFICE: Consider a request to appeal the Historic
Preservation Board's action associated with a Class V site plan for the Ascot Office,
located at the southwest corner of N.E. 1st Avenue and N.E. 2'~ Street. (Quasi-
Judicial Heating) (WITHDRAWN due to a request from the applicant)
REQUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN YELLOW
BUILDING: Consider a request from Handelsman Yellow Building a/k/a the Blank
House for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00.
The Blank House is located at 85 S.E. 6~h Avenue. (Quasi-JudiciM Heating) (Motion
to TABLE until August 3, 2004; Approved, 5-0)
CONTRACT AWARD/CENTEX ROONEY CONSTRUCTION COMPANY,
INC.: Consider approval of a contract award to Centex Rooney Construction
Company, Inc. in the amount of $100,693.00 for the construction of 1,010 linear feet of
eight (8) foot high screen walls along two (2) property lines of the Atlantic High School
site in compliance with City obligations under agreements with Temple Sinai and the
Coral Trace Homeowners Association. Funding is available from 334-6120-519-63.90
(General Construction Fund/Atlantic High School/Other Improvements). (Approved,
5-0)
CONTRACT AWARDS/MEDICAL/DRUG SUPPLIES: Consider approval of
contract awards, via joint bid with the City of Boynton Beach, in the estimated annual
amount of $120,000.00 to Quad Med, Inc.; Ever Ready First Aid; Sun Belt Medical;
Bound Tree Medical; and second/on:est bidder; Tri-Anim Health Services for medical/drug
supplies for the Delray Beach Fire-Rescue Department. Funding is available from 001-
2315-526-52.20 (General Operating Supplies). (Approved, 5-0)
OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN LAURI
RICHMAN v. CITY OF DELRAY BEACH, GARY MILLER, FOGHT
ENTERPRISES AND GLM REMODELING: Consider approval of an Offer of
Judgment/Proposal for Settlement in the amount of $15,000.00 in Lauri Richman v.
City of Delray Beach, et al. (Approved, 5-0)
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of
Cities' 78~h Annual Conference to be held at the Westin Diplomat Resort in Hollywood,
Florida on August 19-21, 2004. (DELAYED until July 6, 2004 Commission Meeting)
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AGREEMENT/BLUEFISH CONCIERGE: Consider approval of an Offer of
Settlement in the amount of ~gS,000.00 regarding a contract between the City and
Bluefish Concierge. (Approved, 5-0)
APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
10.
Appoint one (1) member to the Downtown Development Authority for a three (3) year
term ending July 1, 2007. Based on the rotation system, the appointment will be made
by Commissioner Levinson (Seat #3). (Appointed Herman Stevens and approved, 5-0)
PUBLIC HEARINGS:
ORDINANCE NO. 14-04 (SECOND READING/SECOND 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. (Motion to approve with an effective
date of August 1, 2004; Approved 5-0)
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 West Atlantic
Avenue and S.W. 2'~ 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
FLUM 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;
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f. Housing Element - Update Residential Neighborhood Categorization Map to
reflect existing land use and boundary changes;
g. 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;
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;
n. 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;
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
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11.
12.
2. Future Land Use Map Amendments:
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. 10~i~ 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~ Avenue (1200 Block) within the West Atlantic
Avenue Overlay District.
(Motion to approve Ordinance No. 29-04; Approved, 4-0; Commissioner McCarthy filed Conflict of
Interest)
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. (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. 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 12~ Avenue (1200 Block) within the West Atlantic
Avenue Overlay District. (Approved, 5-0)
ORDINANCE NO. 36-04: An ordinance amending Chapter 56, "Stormwater" of the
City Code of Ordinances, amending Sections 56.04, "Definitions" and 56.16,
"Establishment of Rates for Stormwater Management Assessments" to provide that
individual parcel owners within a residential subdivision shall be responsible for a
prorated portion of the assessments of all common areas within the subdivision. If
passed, a public hearing will be scheduled for July 6, 2004. (Approved, 5-0)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JUNE 18, 2004
Meeting adjourned at 9:55p.m. ~~
06-22-2004