09-21-04 Results
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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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 21, 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
Delray Beach City Hall section.
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
De1ray 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 Costin absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted additional information for Item 9.A, Appeal of Site Plan
Review and Appearance Board Decision/Palms of Delray; the following items were delayed to October
5, 2004: Item 9.], FY 2005 Golf Rates/Lakeview Golf Course; Item 9.K, FY 2005 Golf Rates/
Municipal Golf Course; and Item 9.L, FY 2005 Tennis Rates/Tennis Facilities; the following items were
deferred to October 5, 2004: Item 9.0, Appointments to the Board of Adjustment; Item 9.P,
Appointments to the Code Enforcement Board; Item 9.Q, Appointments to the Board of Construction
Appeals; Item 9.R, Appointment to the Neighborhood Advisory Council; Item 9.S, City Attorney
Evaluation; and Item 9.T, City Manager Evaluation; Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
. September 7, 2004 - Regular Meeting (Approved, 4-0)
. September 14, 2004 - Special Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Recognizing N. Willard (Bill) Schwartz
B. Walk Our Children to School Day - October 6, 2004
7. PRESENTATIONS:
A. "Spotlight on Education" - Judith Brennan, Manager of School Boundaries and
Demographics regarding the status of the Atlantic High School Boundaries
B. HIV / AIDS among minority women in Delray Beach - Dr. Pierre Dorsainvil, Internal
Medicine/Infectious Disease, and Elizabeth Robinson, Regional Minority AIDS
Coordinator, Palm Beach County Health Department
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. CHANGE ORDER NO. I/FINAL PAYMENT/RANDOLPH AND
DEWDNEY CONSTRUCTION, INC.: Approve Change Order No. 1 in the
amount of a $5,000.00 decrease, and final payment in the amount of $10,268.65 to
Randolph and Dewdney Construction, Ine. for completion of the Municipal Cemetery
Restroom Facility Project. Funding is available from 334-6111-519-62.10 (General
Construction Fund/Buildings).
B. DUNE REVEGETATION: Authorize the Dune Revegetation Tasks associated with
the Beach Renourishment Project in the amount of $50,000.00. Funding is available
from 332-4164-572-34.90 (Beach Restoration Fund/Other Contractual Services).
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C. 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve
acceptance and the proposed allocation of the 2004 Local Law Enforcement Block
Grant in the amount of $50,446.00 with a City match of funds in the amount of
$5,605.00 for a total amount of $56,051.00. Funding is available from 115-2129-521-
14.10 (2004 LLEBG Overtime), 115-2129-521-21.10 (2004 LLEBG FICA), and 115-
2129-521-49.50 (2004 LLEBG Volunteer Program).
D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 7, 2004 through September 17, 2004.
E. CONTRACT CHANGE ORDER NO. liD & J ENTERPRISES, INC.:
Approve Contract Change Order No.1 to D & J Enterprises, Ine., Debris Management
Contract, Exhibit "B" 3.0 to change the rate from $0.025 to $0.25 per cubic yard to
correct contract error.
F. AWARD OF BIDS AND CONTRACTS:
. NONE
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) (Motion to
Deny the appeal; Appeal denied, 4-0)
B. CONDITIONAL USE REQUEST /GROVE SQUARE: 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 floor area and
55 dwelling units, located at the northeast corner of S.E. 1 st Street and S.E. 2nd Avenue.
(Quasi-Judicial Hearing) (First motion to approve building height for this building, not
existing buildings; Approved, 3-1; Mayor Perlman dissenting. Second motion to approve
density for this building, not existing buildings; Approved, 3-1; Mayor Perlman dissenting.)
C. REQUEST 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. 5th Avenue
(Southbound Federal Highway). (Quasi-Judicial Hearing) (Approved, 4-0)
D. REQUEST 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) (Approved, 4-0)
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E. 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) (Approved, 4-0)
F. 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) (Approved, 4-0)
G. 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)
(Approved, 4-0)
H. GOLF COURSES MANAGEMENT SERVICE AGREEMENT /BJCE, INC:
Consider approval of an agreement between the City and BJCE, Ine. to provide for the
management services at the Municipal Golf Course and the Lakeview Golf Course for
the period October 1, 2004 through September 30, 2008. (Motion to approve agreement
as amended; Approved, 4-0)
1. TENNIS FACILITIES MANAGEMENT SERVICE AGREEMENT/DUBIN
AND ASSOCIATES, INC.: Consider approval of an agreement between the City and
Dubin and Associates, Ine. to provide for the management services at the Municipal
Tennis Center and the Delray Swim and Tennis Club for the period October 1, 2004
through September 30, 2008. (Motion to approve agreement as amended; Approved, 4-0)
J. FY 2005 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the proposed
FY 2005 maximum golf rates for the Lakeview Golf Course. (Delayed to October 5,
2004)
K. FY 2005 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the proposed
FY 2005 maximum golf rates for the Municipal Golf Course. (Delayed to October 5,
2004)
L. FY 2005 TENNIS RATES/TENNIS FACILITIES: Approve the proposed FY
2005 maximum tennis rates for the Tennis Facilities. (Delayed to October 5, 2004)
M. SPECIAL EVENT REQUEST /CELEBRATE AMERICA: Consider a special
event request to allow "Celebrate America" sponsored by Perfect Results, Ine., to be
held on October 16, 2004 from 11:00 a.m. until 7:00 p.m. and to authorize staff
assistance for traffic control! security, trash removal! clean up, event signage, and
barricade set up with event signage to be installed no earlier than October 8, 2004;
contingent on the sponsor providing a hold harmless agreement and a certificate of
liability insurance by October 8, 2004. (Motion to approve subject to the three (3)
conditions in memorandum; Approved, 4-0)
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N. INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA)/LANDSCAPING IMPROVEMENTS/
N.E. 3RD AVENUE: Consider approval of an Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA) in an amount not to exceed
$33,000.00 to fund the landscaping and irrigation improvements for the N.E. 3rd
Avenue Beautification drainage areas and $6,970.00 for the removal of Australian Pine
Trees. Funding is available from 334-3162-541-63.20 (General Construction
Fund/Landscaping/Beautification) (Approved, 4-0)
O. 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 October
5, 2004)
P. 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 October 5, 2004)
Q. 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 October 5, 2004)
R. 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 October 5, 2004)
S. CITY ATTORNEY EVALUATION. (Deferred to October 5, 2004)
T. CITY MANAGER EVALUATION. (Deferred to October 5, 2004)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 73-04 (MILLAGE LEVY): A resolution 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, 4-0)
B. RESOLUTION NO. 74-04 (MILLAGE LEVY /DDA): A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2005. (Approved, 4-0)
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C. RESOLUTION NO. 75-04 (FY 2005 BUDGET ADOPTION): A resolution
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,
4-0)
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year
Capital Improvement Plan and FY 2005 Capital Improvement Budget are
consistent with the Comprehensive Plan, and approve same. (Approved, 4-0)
D. 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
A venue on the west. (Quasi-Judicial Hearing) (Approved, 4-0)
E. ORDINANCE NO. 50-04 (SECOND READING/SECOND 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. (Approved, 4-0)
F. 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 October 5, 2004.
(Motion to approve Ordinance No. 35-04; Denied, 4-0)
G. 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 effective October 1, 2004.
(Approved, 4-0)
H. 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 eight (8) percent
increase in User Charges and an increase of $0.045 per 1,000 gallons for treatment costs
effective October 1, 2004. (Approved, 4-0)
1. 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 a two (2)
percent increase in residential, nonresidential, and irrigation rates for FY 2005 effective
October 1, 2004. (Approved, 4-0)
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J. 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. (Approved, 4-0)
K. TRANSFER OF PROPERTY /FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Consider the re-approval of transferring a two (2)
foot strip of property adjacent to Atlantic Avenue (new library site) to the Florida
Department of Transportation which is requiring this for road right-of-way. (Approved,
4-0)
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:
. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 17, 2004
****** Meeting adjourned at 10:02 p.m. ******
09-21-2004
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