07-06-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, July 6, 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.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Commissioner Levinson requested that Item 8.J.1, Purchase award to
Motorola, Inc., be moved to the Regular Agenda as Item 9.A.1; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· June 22, 2004 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing and commending Lula Butler, Director of Community Improvement -
Florida League of Cities "Florida Cities of Excellence" City Employee of the Year
Award
PRESENTATIONS:
· NONE
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
FINAL BOUNDARY PLAT APPROVAL/NIETO PARK PLAT: Approve the
subdivision plat for the Nieto Park Plat located on the north side of the 300 Block of
S.W. 3~d Street.
SERVICE AUTHORIZATION NO 10.1: Approve Service Authorization No. 10.1
to CH2M Hill, Inc. in the amount of S17,532.00 for additional services in conjunction
with the N.W./S.W. 5~h Avenue Beautification Project. Funding is available from 334-
4141-572-65.83 (General Construction Fund/Beautification/N.W./S.W. 5~h Avenue).
SERVICE AUTHORIZATION NO. 1/CORNELL PARK/ROBERT
WALTERS ARCHITECTS, INC.: Approve Service Authorization No. 1 to Robert
Walters Architects, Inc. in the amount of ~g27,000.00 for consulting services for the
development of Cornell Park to include site survey, master planning, stakeholder
consensus building, preliminary and final sight plan development and engineering.
Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Comell Park).
PURCHASE ORDER INCREASE/LIQUID CHLORINE: Approve an increase
of $55,000.00 to blanket purchase order #614892, Jones Chemicals, Inc., for the
purchase of liquid chlorine for the Water Treaunent Plant. Funding is available from
441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
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07-06-2004
E. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/Il07
SOUTH OCEAN BOULEVARD: Authorize the City to act as the utility permit
applicant for a water service connection within the state right-of-way (located at 1107
South Ocean Boulevard) and approve a Hold Harmless Agreement with the developer
(Mark Timothy, Inc.).
FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/602
NORTH OCEAN BOULEVARD: Authorize the City to act as the utility permit
applicant for a water service connection within the state right-of-way (located at 602
North Ocean Boulevard) and approve a Hold Harmless Agreement with the developer
(Michael E. Neuman).
RESOLUTION NO. 52-04: Approve a resolution supporting a referendum to be
held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of
Palm Beach County for the purpose of financing a comprehensive plan to construct and
renovate public schools countywide.
RESOLUTION NO. 54-04: Approve a resolution opposing an amendment to the
Florida Constitution that would raise Florida's Homestead Exemption to $50,000.00.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 21, 2004 through July 2, 2004.
AWARD OF BIDS AND CONTRACTS:
(MOVED TO ITEM 9.A.1 ON THE REGULAR AGENDA)
Purchase award to CCG Systems, Inc. in the amount of $62,000.00 for Faster
Fleet Management Software for the City Garage. Funding is available from 334-
6112-519-66.10 (General Construction Fund/Renewal &
Replacement/Software).
REGULAR AGENDA:
A.1
PURCHASE AWARD: Purchase award to Motorola, Inc. in the amount of $34,410.00
for seventy-two (72) Motorola PMDC Application Software Licenses for electronic
communication for the Police DeparUnent. Funding is available from 001-2113-521-
49.90 (General Fund/Police Support/Other Current Charges). (Approved, 4-0;
Commissioner Levinson filed Conflict of Interest)
CONDITIONAL USE REQUEST/MONUMENT AND ORNAMENTAL
STONE CUTTING FACILITY: Consider a request for conditional use approval to
allow the establishment of a monument and ornamental stone cutting facility for
Granite & Marble Design, located at the northeast corner of Congress Avenue and Dr.
Carol Krol Way (321 North Congress Avenue). (Quasi-Judicial Hearing) (Approved,
5-0)
07-06-2004
B. REQUEST FOR IN-LIEU PARKING SPACES/CHRISTINA'S
RESTAURANT: Consider a request from Christina's Restaurant for the purchase of
four (4) in-lieu parking spaces in the amount of $24,000.00. Christina's Restaurant is
located at 65 N.E. 2'~d Avenue (Ocean City Lumber Complex). (QuaM-Judicial
Hearing) (Motion to TABLE until July 20, 2004; Approved, 5-0)
DELINQUENT FEES/AMERICAN LEGION/THE CARING KITCHEN:
Consider a request to waive delinquent Solid Waste Authority Disposal Assessment
Fees in the amount of $11,480.97 for the American Legion and The Caring I4Atchen.
(Motion to approve a grant to both entities conditioned on payment of arrearages to the City
and entering into an updated lease agreement; Approved, 5-0)
REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT
AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to
waive the interest and administrative fees in the amount of $4,242.56 assessed for
abating nuisances on property located at 34 N.W. 3~d Avenue. The Community
Redevelopment Agency is prepared to pay the remaining lien of $3,555.29 Staff
recommends approval. (Approved, 4-0; Mayor Perlman passed the gavel due to Conflict of
Interest)
CONTRACT AWARD/WALL WAY USA OF FLORIDA: Consider approval of a
contract award to Wall Way USA of Florida in the amount of $17,500.00 for the
construction of approximately 350 linear feet of eight (8) foot high screen walls along
the north property line of the Temple Sinai site on West Atlantic Avenue due to a
request from Temple Sinai to provide additional sound buffering. Funding is available
from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other
Improvements). (Approved, 5-0)
LEGAL ACTION/GOVERNMENT TECHNOLOGY RESOURCES (GTR):
Consider authorizing staff to commence legal action against Government Technology
Resources (GTR) for breach of contract for the development of a web-enabled software
package for code enforcement, building permits, business licenses, and planning and
zoning. (Motion to authorize legal action; Approved, 5-0)
REFERENDUM/REMOVING DEED RESTRICTIONS: Provide direction
regarding the ballot wording and ordinances required to remove the deed restrictions on
Block 52 and the North 48 feet of Lot 15, Block 101. (Consensus of the Commission to
move forward with both referendum questions pertaining to Block 52 and Lot 15)
DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of
Cities' 7gh Annual Conference to be held at the Westin Diplomat Resort in Hollywood,
Florida on August 19-21, 2004. (Motion to designate Mayor Perlman as voting delegate;
Approved, 5-0)
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07-06-2004
APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) members
to the Education Board for two (2) year terms ending July 31, 2006. Based on the
rotation system, the appointments will be made by Mayor Perlman (Seat #5),
Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner
Levinson (Seat #3) and Commissioner McCarthy (Seat #4). (Appointed Jack Licht and
approved, 5-0; appointed Debra Kaiser and approved, 5-0; appointed Peggy Murphy and
approved, 5-0; appointed Jennifer Ferreri and approved, 5-0; and appointed Suzanne Katz and
approved, 5-0; )
RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT
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ADVISORY BOARD: Ratify the alternate member appointments of Brenda Montague,
Community Redevelopment Agency (CRA); Perry DonFrancisco, Downtown Development
Authority (DDA); Joseph Pike, Planning and Zoning Board (P&Z); Rosalind Murray, West
Atlantic Redevelopment Coalition 0vVARC); and David Cook, Chamber of Commerce on the
Parking Management Advisory Board with term expirations to coincide with the regular board
representative's term. (Approved, 5-0)
PROPOSED CONCERT CONTRACT TERMS/ROOTS CULTURAL
FESTIVAL: Provide direction on proposed contract terms with Roots Cultural
Festival, Inc. for a concert to be held at the Delray Stadium on September 25, 2004.
(Consensus of the Commission to obtain a written statement from Worldwide Entertainment
indicating that the Roots Cultural Concert would not be in violation of the agreement and then
discuss item at the July 13, 2004 Special/Workshop Meeting)
PENSION MULTIPLIER INCREASE FOR RETIRED POLICE OFFICERS
AND FIREFIGHTERS IN THE DEFERRED RETIREMENT OPTION
10.
PLAN (DROP): Consider a request from retirees in the Deferred Retirement Option
Plan (DROP) to be allowed to purchase the increase in pension multiplier from 3% to 3
V~% which was approved for Police Officers and Firefighters earlier this year. (Motion
to TABLE until July 20, 2004; Approved, 5-0)
PUBLIC HEARINGS:
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WAIVER REQUEST/MINIMUM LOT DIMENSION: Consider a request to
waive Land Development Regulations (LDR) 4.3.4(K) to reduce the lot size, frontage,
and width in association with a proposed subdivision, located on the south side of Dixie
Boulevard and on the west side of N.E. 2~ Avenue. (Quasi-JudiciM Hearing)
(Motion to approve waiver request; Denied, 5-0)
FINAL SUBDIVISION PLAT APPROVAL/DIXIE DEL-IDA PLAT:
Request for approval of a final subdivision plat for a 0.79 acre, fee simple,
single-family detached subdivision known as Dixie Del-Ida Plat (aka Historic
Del-Ida Park Plat), located on the south side of Dixie Boulevard and on the
west side of N.E. 2~d Avenue. (Quasi-JudiciM Hearing) (Motion to approve
plat; Denied, 5-0)
07-06-2004
11.
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ORDINANCES NO. 38-04 & 39-04 (FIRST READINGS/FIRST PUBLIC
HEARINGS): Ordinances No. 38-04 and 39-04 were created for businesses that do
not have a street front to allow the placement of a permanent portable or ground sign.
ORDINANCE NO. 38-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Ordinance No. 14-04, by enacting a
new Subsection 4.6.7(E)(3)(e), "Ground Signs" to allow the placement of certain
Ground Signs in certain locations. If passed, a second public hearing will be
scheduled for July 20, 2004. (Motion to approve Resolution No. 38-04; Denied, 5-
0)
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ORDINANCE NO. 39-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Ordinance No. 14-04, by enacting a
new Subsection 4.6.7(E)(3)(e), "Other Portable Signs" to provide provisions
regarding Other, Non-grand Opening Portable Signs. If passed, a second public
hearing will be scheduled for July 20, 2004. (Motion to approve Resolution No. 39-
04; Denied, 5-0)
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SALE OF PARCEL: Consider approval of a potential purchaser and contract to sell
City owned property, a vacant 12,000 square foot parcel, located at 15549 S.W. 9m
Avenue and approve Contract for Sale and Purchase and Resolution No. 53-04. (First
motion to approve contract with Universal Beach Corporation in the amount of $100,000.00;
Approved, 4-0; Commissioner Costin filed Conflict of Interest. Second motion to approve
Resolution No. 53-04; Approved, 4-0; Commissioner Costin fried Conflict of Interest)
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ORDINANCE NO. 37-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Ordinance No. 13-04, Section 4, "Duration of
Moratorium/Extension of Moratorium" to extend the moratorium on Adult Arcade
Establishments for ninety (90) days. If passed, a quasi-judicial public hearing will be
scheduled for July 20, 2004. (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.
(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.
07-06-2004
12. FIRST READINGS:
ORDINANCE NO. 32-04: Privately initiated small scale Future Land Use Map
(FLUND Amendment from CF-R (Community Facilities-Recreation) to CC
(Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central
Business District) for a 2.42 acre parcel of land to be known as The Strand, bordered by
S.E. 1st Street on the north, S.E. 2~d Street on the south, S.E. 3~d Avenue on the east, and
the Florida East Coast (F.E.C.) Railway on the west. If passed, a quasi-judicial public
hearing will be scheduled for July 20, 2004. (Approved, 5-0)
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ORDINANCE NO. 34-04: An ordinance amending the Land Development
Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide
updated regulations for Satellite Dishes and Antennas. If passed, a public hearing will
be scheduled for July 20, 2004. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 2, 2004
07-06-2004