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09-07-04 Results City of Delray Beach Regular Commission Meeting *** AGENDA RESUL TS*** I I 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 Tuesday, September 7, 2004 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 Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers section. Delray Beach City Hall B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is en titled 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. c. 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. 100 NW 1st Avenue DeIray Beach, Florida 33444 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, Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 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. 1. ROLL CALL. (Commissioner Archer and Commissioner Costin absent) 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor noted that Item 8.2, Confirmation/Revision/Rescission/Emergency Resolutions, was added to the Consent Agenda by addendum; Item 6.A, Recognizing N. Willard Schwartz, was delayed; the following items were delayed to September 21, 2004: Item 9.A, Appeal of Site Plan Review and Appearance Board Decision/Palms of Delray; Item 9.B, Conditional Use Request/Grove Square; Item 9D, Request for In-Lieu Parking Spaces/Joe's Restaurant; Item 9.E, Request for In-Lieu Parking Spaces/Cold Stone Creamery; Item 9.F, Request for In-Lieu Parking Spaces/Atlantic Coffee and Tea; Item 9.G, Request for In-Lieu Parking Spaces/Mano-A-Mano (aka Tapas); Item 9.H, Request for In-Lieu Parking Spaces/329 Pineapple Grove Way; and Item 10D, Ordinance No. 35-04; the following items were deferred to September 21, 2004: Item 9.P, Appointments to the Board of Adjustment; Item 9.Q, Appointments to the Code Enforcement Board; Item 9.R, Appointments to the Board of Construction Appeals; and Item 9.S, Appointment to the Neighborhood Advisory Council; Approved as amended, 5-0) 5. APPROVAL OF MINUTES: . August 17, 2004 - Regular Meeting (Approved, 3-0) 6. PROCLAMATIONS: A. Recognizing N. Willard (Bill) Schwartz (Delayed) B. Calling for a Special Election to be held on November 2,2004, on the referendum question regarding the release of part of Lot 15, Block 101, behind current library site. 7. PRESENTATIONS: . NONE 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 3-0) A. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB): Approve the Tripartite Interlocal Agreement and the Fifth Amendment to the Interlocal Agreement regarding reclaimed water. 1. TRIPARTITE INTERLOCAL AGREEMENT: Approve the Tripartite Interlocal Agreement between the City, the City of Boynton Beach, and the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) which transfers the present reclaimed water line from the SCRWTDB to the City of Boynton Beach. In exchange the City will receive $1,359,255.13 which is our equity interest in the line. 09-07 - 2004 - 2 - 2. FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT: Approve the Fifth Amendment to the Interlocal Agreement which allows the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) to be a wholesaler of reclaimed water to the Cities of Boynton Beach and Delray Beach. B. FINAL SUBDIVISION PLAT APPROVAL/COURT YARDS AT MARTELL ARMS PLAT: Approve the subdivision plat for Court Yards At Martell Arms, a re-plat of a portion of the Plat Martell Arms, located on the west side of the 1000 block of N.E. 8th Avenue. C. RESOLUTION NO. 65-04: Approve the abandonment of a portion of the Dixie Highway right-of-way, adjacent to Lot 4 of the Plat of Delray Beach Estates, approximately 1,700 feet south of Gulf Stream Boulevard. D. RESOLUTION NO. 66-04: Approve the abandonment of a portion of the S.W. 7th Street right-of-way, located between Interstate 95 and S.W. 17th Avenue rights-of-ways. E. ACCEPTANCE OF A RIGHT-OF-WAY DEED/GRAY PLAZA: Approve and accept a right-of-way deed associated with Gray Plaza, located at 85 S.W. 5th Avenue. F. ACCEPTANCE OF HOLD HARMLESS AGREEMENT /KURT PETERSON: Approve and accept a hold harmless agreement between the City and Kurt Peterson for the installation of landscaping within a public right-of-way. G. RESOLUTION NO. 64-04: 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. H. RESOLUTION NO. 70-04: Approve a resolution adopting the Revised Unified Palm Beach County Local Mitigation Strategy Plan. 1. RESOLUTION NO. 71-04 (GRANT APPLICATION TO STATE OF FLORIDA): Authorize the Delray Beach Public Library staff to submit an operating grant application directly to the State of Florida to obtain operating funds for operations and maintenance of the library. J. RESOLUTION NO. 63-04: Approve a resolution supporting the establishment of the Palm Beach Countywide Coastal Council and approve an Interlocal Agreement establishing the Palm Beach Countywide Coastal Council, which replaces the Palm Beach Countywide Beaches and Shores Council. 09-07 - 2004 - 3 - K. INITIATION OF FUTURE LAND USE MAP AMENDMENT: Formally initiate Future Land Use Map (FLUM) Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre); and rezoning from POD (professional Office District) to RM (Medium Density Residential) associated with the parcels involved with the Intracoastal Park land swaps between the Florida Inland Navigational District (FIND), City of Delray Beach, and the Delray Harbor Club, located on the east side of South Federal Highway, approximately 700 feet south of S.E. 10th Street. L. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00. M. AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/UNIVERSAL BEACH SERVICE CORPORATION: Approve Amendment to the Contract for Sale and Purchase between the City and Universal Beach Service Corporation to extend the closing date to fifteen (15) days beyond the conclusion of the quiet title action. N. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the approximate amount of $30,000.00 for playground equipment for Miller Park. O. INDEPENDENT CONTRACTOR AGREEMENT /THE ARC: Approve an independent contractor agreement between the City and The ARC for a trained inclusion specialist for a special needs child in our Out of School Program in the approximate amount of $16,190.00. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual Services). P. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM: Approve the Parks & Recreation Department's participation as a host agency in the Senior Community Service Employment Program. Q. CONTRACT ADDITION /CHAZ EQUIPMENT, INC.: Approve a Contract Addition in the amount of $25,500.00 to Chaz Equipment for emergency force main repair work associated with the piping modifications at Lift Station 50. Funding is available from 442-5178-536-63.51 (Water/Sewer/Renewal/Replacement Fund/Sewer Mains). R. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $16,222.50 to Sun Band Builders (145 S.W. 13th Avenue), $11,613.00 to South Florida (240 N.W. 2nd Avenue), $18,532.50 to Sun Band Builders (314 N.W. 4th Avenue), and $22,155.00 to Tommy Preston (105 S.W. 7th Street). Funding is available from 118-1963-554-49.19 (Community Development/SHIP Grant/Housing Rehabilitation) . 09-07 - 2004 - 4 - S. REQUEST TO EXTEND CLOSING HOURS FOR SANDOWAY PARKING LOT: Approve a request by Perry DonFrancisco to extend the closing hours to 2:00 a.m. at Sandoway Park on October 23,2004 and October 24,2004. T. MORTGAGE JOINDER AND CONSENT /CRISANTI AND CAMPBELL PROPERTIES: Approve the City's execution of a Mortgage Joinder and Consent to subordinate the City's mortgage to the easement deed regarding the Crisanti and Campbell Properties. U. RESOLUTION NO. 72-04: Approve a resolution supporting the reauthorization of the Federal Transportation Programs. V. SPECIAL EVENT REQUEST / ART & JAZZ ON THE A VENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for October 21, 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 parking lane of Atlantic Avenue from N.E. 7th 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, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up. W. SPECIAL EVENT REQUEST /18th ANNUAL TURKEY TROT: Approve a special event request to allow the 18th Annual Turkey Trot to be held on Saturday, November 20, 2004 from 6:30 a.m. until approximately 8:30 a.m., including temporary use permit per LDR Section 2.4.6(H) for the closure and use of A-l-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for security and traffic control, barricade set-up/removal, trash removal and clean up, use of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic A venue from Venetian to A-l- A from 8:00 a.m. until approximately 10:00 a.m. X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 16, 2004 through September 3, 2004. Y. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Taylor Data Systems, Ine. in the amount of $69,914.34 for nine (9) Walkabout Hammerhead XRT Mobile Data Terminals, mounting brackets, and docking stations for the Fire Department. Funding is available from 334-6111-519- 64.11 (General Construction Fund/Computer Equipment). 2. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of$169,215.00 via the City of Columbus, Ohio bid for one (1) Heavy Duty Paramedic Rescue Vehicle for the Fire Department. Funding is available from 501- 3312-591-64.20 (Central Garage Fund/Automotive) FY 03/04 and 501-3312-591- 64.21 (Central Garage Fund/Vehicle Restoration) FY 03/04 and FY 04/05. 09-07 - 2004 - 5 - 3. Contract award to Construction Quality Control, Inc. in the amount of $89,986.00 for construction of the Delray Swim and Tennis Storage Building Project. Funding is available from 117-4133-572-62.10 (Recreation Impact Fee Fund/Buildings). Z. CONFIRMATION /REVISION /RECISSION /EMERGENCY RESOLUTIONS: Confirm Emergency Resolutions A, B, D, E, and H pursuant to Chapter 95 of the City Code of Ordinances and approve the rescission of Resolution A and the revised Resolution B. 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/PALMS OF DELRAY: Consider an appeal of the Site Plan Review and Appearance Board's decision approving a Class IV Site Plan Modification, Landscape Plan, and elevations associated with the construction of two (2) new apartment buildings at the Palms of Delray, located on the south side of Dotterel Road, approximately 100 feet east of Jaeger Drive. (Quasi-Judicial Hearing) (Delayed to September 21, 2004) B. CONDITIONAL USE REOUEST /GROVE SOUARE: Consider a request for conditional use approval to allow for a density in excess of 30 units per acre (38.2 dwelling units per acre) and to allow for building height up to 54' 3" for Grove Square, a proposed mixed-use development consisting of 800 square feet of retail £loor area and 55 dwelling units, located at the northeast corner of S.E. 1" Street and S.E. 2nd Avenue. (Quasi- Judicial Hearing) (Delayed to September 21, 2004) C. SPECIAL EVENT REOUEST /1'" ANNUAL ALL AMERICA DUCK DERBY: Consider approval of a special event request to allow the 1" Annual All America Duck Derby, sponsored by the Sunrise Rotary Club of Delray Beach, to be held October 15-16, 2004 from 10:00 a.m. until 6:00 p.m. at Veteran's Park, including temporary use pennit per LDR Section 2.4.6(H) for the use of Veteran's Park and the parking lot, and authorize staff support for security and traffic control, barricade set-up/removal, trash removal and clean up, with event signage to be installed no earlier than October 7, 2004; contingent on the sponsor providing a hold harmless agreement, receipt of the Coast Guard approval one week before the event, and the stipulation that the dump truck cannot proceed any farther than the road barricade on N .E. 1" Street and a crane is not pennitted on site. (Approved, 3-0) D. REOUEST FOR IN-LIEU PARKING SPACES/JOE'S RESTAURANT: Consider a request from Joe's Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $48,000.00. Joe's Restaurant is located at 19-23 S.E. 5"' Avenue (Southbound Federal Highway). (Quasi-Judicial Hearing) (Delayed to September 21,2004) E. REOUEST FOR IN-LIEU PARKING SPACES/COLD STONE CREAMERY: Consider a request from Cold Stone Creamery for the purchase of five (5) in-lieu parking spaces in the amount of $60,000.00. Cold Stone Creamery is located at 110 East Atlantic Avenue. (Quasi-Judicial Hearing) (Delayed to September 21, 2004) 09-07-2004 - 6 - F. REQUEST FOR IN-LIEU PARKING SPACES/ATLANTIC COFFEE AND TEA: Consider a request from Atlantic Coffee and Tea for the purchase of two (2) in-lieu parking spaces in the amount of $24,000.00. Atlantic Coffee and Tea is located at 504 East Atlantic Avenue. (Quasi-Judicial Hearing) (Delayed to September 21, 2004) G. REQUEST FOR IN-LIEU PARKING SPACES/MANO-A-MANO (AKA TAPAS): Consider a request from Mano-A-Mano (aka Tapas) for the purchase of one (1) in-lieu parking space in the amount of $6,000.00. Mano-A-Mano is located at 8 East Atlantic Avenue. (Quasi-Judicial Hearing) (Delayed to September 21, 2004) H. REQUEST FOR IN-LIEU PARKING SPACES/329 PINEAPPLE GROVE WAY: Consider a request from 329 Pineapple Grove Way for the purchase of one (1) in-lieu parking space in the amount of $6,000.00. (Quasi-Judicial Hearing) (Delayed to September 21, 2004) 1. GOLF COURSES MANAGEMENT SERVICE AGREEMENT: Consider approval of the Selection Committee's rankings of the Request For Proposals (RFP's) for the Golf Courses Management Service Agreement and authorize staff to proceed with contract negotiations with the number one (1) ranked firm, JCD Sports Group. (Motion to approve with the condition that the Commission review the contract as soon as possible; Approved, 3-0) J. TENNIS FACILITIES MANAGEMENT SERVICE AGREEMENT: Consider approval of the Selection Committee's rankings the Request For Proposals (RFP's) for the Tennis Facilities Management Service Agreement and authorize staff to proceed with contract negotiations with the number one (1) ranked firm, JCD Sports Group. (Motion to approve with the condition that the Commission review the contract as soon as possible; Approved, 3-0) K. RESOLUTION NO. 61-04: Consider approval of Resolution No. 61-04 authorizing the issuance of not exceeding $24,000,000 in the initial aggregate principal amount of the City's General Obligation Improvement Bonds, Series 2004 (Recreational and Cultural Projects); providing for the form and terms of the bonds. (Approved, 3-0) L. RESOLUTION NO. 62-04: Consider approval of Resolution No. 62-04 authorizing the competitive sale of the City's General Obligation Improvement Bonds, Series 2004 (Recreational and Cultural Projects) in the initial aggregate principal amount of not exceeding $24,000,000. (Approved, 3-0) M. LEGAL ACTION/CAROLINA CABANA: Consider authorizing staff to commence legal action against Carolina Cabana for breach of contract as the exclusive provider of beach umbrellas, chairs, and cabanas on the municipal beach. (Approved, 3-0) N. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to waive a portion of the liens for interest and administrative fees in the amount of $3,846.59 assessed for abating nuisances on property located at 17 N.W. 5th Avenue. The Community Redevelopment Agency is prepared to pay the remaining lien of $1,898.42. Staff recommends approval. (Approved, 3-0) 09-07 - 2004 - 7 - O. CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT AND SUBCONTRACTS/COMMUNITY CHILD CARE CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Consider approval of a Memorandum of Agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $766,676.00 in support of the Beacon Center Services at Village Academy Elementary School and Subcontracts between the City and the Community Child Care Center in the amount of $603,276.00 and between the City and the Children's Case Management Organization in the amount of $163,400.00 for carrying out services at the Beacon Center. (Approved, 3-0) P. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) alternate members to the Board of Adjustment for unexpired terms ending August 31,2005. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). (Deferred to September 21, 2004) Q. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1). (Deferred to September 21, 2004) R. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint three (3) members to the Board of Construction Appeals; one (1) member for a two (2) year term ending August 31, 2006 and two (2) members for unexpired terms ending August 31, 2005. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Mayor Perlman (Seat #5), and Commissioner Costin (Seat #1). (Deferred to September 21, 2004) S. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone Six for an unexpired term ending October 31, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). (Deferred to September 21, 2004) 10. PUBLIC HEARINGS: A. RESOLUTION NO. 67-04 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2005. (Approved, 3-0) B. RESOLUTION NO. 69-04 (TENTATIVE MILLAGE LEVY /DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2005. (Approved, 3-0) C. RESOLUTION NO. 68-04 (TENTATIVE BUDGET ADOPTION FOR FY 2005): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2004 through September 30, 2005. (Approved, 3-0) 09-07 - 2004 - 8 - D. ORDINANCE NO. 35-04 (FIRST READING /FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix "A" "Definitions", by enacting a definition for new development, redevelopment, and in-fill development. If passed, a second public hearing will be scheduled for September 21, 2004. (Delayed to September 21, 2004) E. ORDINANCE NO. 50-04 (FIRST READING /FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.4.18(B)(4), "Service Industry", of the Planned Commerce Center Zoning District, Allowed Uses, to add "Food Catering Establishments, preparation, and storage only (No Food Served on Premises)" as a permitted use. If passed, a second public hearing will be scheduled for September 21, 2004. (Approved, 3-0) 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 Pub lie. 12. FIRST READINGS: A. ORDINANCE NO. 47-04: Future Land Use Map (FLUM) Amendment from MD (Medium Density Residential 5-12 dwelling units per acre) to TRN (Transitional) and rezoning from RM (Medium Density Residential 6-12 dwelling units per acre) to RO (Residential Office) for a 0.86 acre parcel of land, a portion of the Lighthouse Property, bordered by S.W. 1st Street on the north, S.W. 1st Avenue on the east, and S.W. 2nd Avenue on the west. If passed, a quasi-judicial public hearing will be scheduled for September 21, 2004. (Approved, 3-0) B. ORDINANCE NO. 54-04: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2004. If passed, a public hearing will be scheduled for September 21, 2004. (Approved, 3-0) C. ORDINANCE NO. 53-04: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and bulk waste collection service rates by 2.3% for FY 2005. If passed, a public hearing will be scheduled for September 21,2004. (Approved, 3-0) D. ORDINANCE NO. 55-04: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of .45 cents per 1,000 gallons for treatment costs. If passed, a public hearing will be scheduled for September 21, 2004. (Approved, 3-0) 09-07 - 2004 - 9 - E. ORDINANCE NO. 56-04: An ordinance amending Chapter 52, "Water" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential, and irrigation rates for FY 2005. If passed, a public hearing will be scheduled for September 21,2004. (Approved, 3-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: SEPTEMBER 3, 2004 ****** Meeting adjourned at 7:07 p.m. ****** 09-07 - 2004 - 10 -