10-19-04 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, October 19, 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
Delray 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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted additional information for Item 9.E, Agreement/
BellSouth/Winning Rewards Program; Item 9.F., Cari-Fiesta Special Event, was pulled from the agenda;
Item 9.], First Night International 2005 Conference, was moved to Item 9.B.1.; Approved as amended,
5-0)
5. APPROVAL OF MINUTES:
. October 5, 2004 - Regular Meeting (Approved, 5-0)
. October 12, 2004 - Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Perry DonFrancisco
B. Recognizing and Commending Bert Fashaw
C. Delray Beach Orchid Society's 14th Annual Show
7. PRESENTATIONS:
A. Delray Beach Police Department's Accredited Status - Larry Schroeder, Police Chief
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RESOLUTION NO. 78-04: Approve Resolution No. 78-04 assessing costs for
abatement action required to remove nuisances on fifteen (15) properties throughout
the City.
B. ACCEPTANCE OF RIGHT-OF-WAY DEED/SPA ELEVEN: Approve and
accept a right-of-way deed for Old Dixie Highway associated with the Spa Eleven Site
Plan Modification, located on the east side of North Federal Highway, approximately
156 feet north of Lake Avenue (1440 North Federal Highway).
C. ACCEPTANCE OF UTILITY EASEMENT DEED /TRINITY
EVANGELICAL LUTHERAN CHURCH: Approve and accept a utility easement
deed associated with the Trinity Evangelical Lutheran Church and School, located at the
northwest corner of Lake Ida Road and Swinton Avenue.
D. QUIET TITLE/PARCELS ACQUIRED FROM PALM BEACH COUNTY:
Grant authorization to Quiet Title on three (3) parcels acquired from Palm Beach
County.
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E. AGREEMENT FOR LOBBYING SERVICES /KA THLEEN E. DALEY:
Approve an agreement for consultant/lobbying services between the City and Kathleen
E. Daley and Associates, Ine. in the amount of $48,000.00 for the period October 1,
2004 through September 30, 2005. Funding is available from 001-1111-511-34.90
(General Fund/Other Contractual Services).
F. TRI-PARTY AGREEMENT/FIRST NIGHT 2005: Approve an agreement
between the City, Joint Venture, and Old School Square and proposed budget for the
First Night 2005 Event.
G. SPECIAL EVENT REQUEST /HOLIDAY PAGEANT PARADE: Approve and
endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation
Department and the Chamber of Commerce to be held on December 11, 2004
beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section
2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews
Avenue to N.W. 1st Avenue and Miramar and Lowery for parade set up from
approximately 4:00 p.m. to 7:30 p.m., and authorize staff support for traffic control and
security, EMS assistance, barricade set-up/removal, trash removal and clean up, and
processing of the FDOT permit.
H. SPECIAL EVENT REQUEST/HOLIDAY TREE LIGHTING: Approve a
special event request for the Annual Holiday Tree Lighting to be held on the grounds of
Old School Square on November 27, 2004 from approximately 6:00 p.m. to 9:00 p.m.,
granting a temporary use permit per LDR Section 2.4.6(H) for use and closure of
Atlantic Avenue from Swinton to NE/SE 2nd Avenue, SE 1st Avenue from Atlantic
Avenue to the alley and NE 1st Avenue from Atlantic Avenue to the alley from
approximately 4:00 p.m. to 11:00 p.m., staff assistance for traffic control and security,
EMS assistance, barricade set-up/removal, trash removal and clean up, set up/use of
the large stage and City generator.
1. SPECIAL EVENT POLICIES AND PROCEDURES: Approve the revised
Special Event Policies and Procedures with an effective date of January 1, 2005.
J. AMENDMENT NO. lILEASE AGREEMENT /FLORIDA INLAND
NAVIGATIONAL DISTRICT (FIND): Consider approval of Amendment No.1
to the lease agreement between the City and the Florida Inland Navigational District
(FIND) to incorporate the newly obtained parcel into the existing lease agreement.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 4,2004 through October 15, 2004.
L. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Sanders Company, Ine. in the amount of $27,675.00 for one
(1) dry pit/submersible sanitary sewerage pump for Lift Station No. 50.
Funding is available from 442-5178-536-61.83 (Water/Sewer Renewal and
Replacement Fund/Lift Station No. 50 Conversion).
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2. Contract award to Utility Service Co., Ine. in the amount of $58,645.00 for
exterior paint repair of the elevated storage tank, damage was sustained during
Hurricanes Frances and Jeanne. Funding is available from 442-5178-536-46.90
(Water/Sewer Renewal and Replacement Fund/Other Repair & Maintenance).
3. Bid award to Sports Turf One, Ine. in the amount of $47,760.00 for the
landscape maintenance of the multi-purpose fields at Atlantic High School.
Funding is available from 001-4131-572-34.90 (General Fund/Other
Contractual Services).
9. REGULAR AGENDA:
A. OCEAN RESCUE CONTRACT AND MEMORANDUM OF
UNDERSTANDING, LOCAL 1842, IAFF: Approve the Ocean Rescue Contract
and Memorandum of Understanding requested by Local 1842, IAFF effective October
1,2003 through September 30, 2004. (Approved, 5-0)
B. AGREEMENT /HORSE DRAWN CARRIAGES, INC.: Consider approval of an
agreement between the City and Horse Drawn Carriages, Ine. to provide horse and
carriage rides along Atlantic Avenue as specified from November 1, 2004 through April
30,2005. (Approved, 4-1; Mayor Perlman dissenting.)
B.1. FIRST NIGHT INTERNATIONAL 2005 CONFERENCE: Consider acceptance
of an invitation to be the host City for the First Night International Annual Conference
to be held April 9-13, 2005 and accept the host committee responsibilities. (Approved,
5-0)
C. GRANT AGREEMENT WITH THE AMERICAN LEGION POST AND THE
CARING KITCHEN AND RESTATED LEASE AGREEMENT WITH THE
AMERICAN LEGION POST: Consider approval of a Grant Award Agreement
between the City, the American Legion Post 188, and Christians Reaching Out To
Society, Ine. (The Caring Kitchen) and approval of the Restated Lease Agreement
between the City and the American Legion Post 188. (Motion to approve Grant
Agreement and Restated Lease Agreement; Approved, 5-0)
D. FOURTH AMENDMENT /BLOCK 77 CONTRACT /COMMUNITY
REDEVELOPMENT AGENCY: Consider approval of the Fourth Amendment to
the Block 77 Contract between the Community Redevelopment Agency (CRA) and
Block 77 Development Group, L.c. to allow rental or condominium units to be
developed on the property. (Approved, 5-0)
E. AGREEMENT /BELLSOUTH/WINNING REWARDS PROGRAM: Consider
approval of a three (3) year agreement between the City and BellSouth
Telecommunications for the Winning Rewards Program which will result in savings to
the City of $105,190.20. (Approved, 5-0)
F. CARl-FIESTA SPECIAL EVENT: Consider approval of a proposed Cari-Fiesta
event to be held at the Delray Beach Tennis Center on January 14-15, 2005 and provide
direction on contract terms and conditions. (PULLED)
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G. REQUEST /ORCHID SOCIETY: Consider approval of a request from Julia
Hamner to recognize the Orchid Society's Orchid Show as a special event and authorize
the placement of event signs by City staff at four (4) locations in the City. Staff
recommends denial. (Motion to approve as a minor event with City assistance limited to the
placement of signs; Approved, 5-0)
H. RESOLUTION NO. 79-04: Consider approval of Resolution No. 79-04 authorizing
the expenditure of funds to educate and inform the public about the proposed Palm
Beach County Charter Amendment regarding municipal annexation. (Motion to
authorize up to $25,000.00 to educate and inform the public and approval of Resolution No.
79-04; Approved, 5-0)
1. PALM BEACH COUNTY LEGISLATIVE DELEGATION: Discuss the Palm
Beach County Legislative Delegation Public Hearing Schedule for the 2005 Legislative
Session. (Consensus of Commission to discuss at the November 9, 2004 Workshop Meeting)
J. (MOVED TO ITEM 9.B.l )
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 48-04: Future Land Use Map Amendments (FLUM) for two
separate parcels that are part of land swap activity associated with the establishment of
the Intracoastal Park site. The first parcel is a small-scale (FLUM) Amendment from
TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre)
and rezoning from POD (professional and Office District) to RM (Medium Density
Residential) for a 0.13 acre parcel that is currently owned by the Delray Harbor Club.
The second parcel is a small-scale FLUM Amendment from TRN (Transitional), MD
(Medium Density Residential 5-12 dwelling units per acre), and OS-C (Open Space-
Conservation) to OS-C (Open Space-Conservation) and rezoning from POD
(professional and Office District), RM (Medium Density Residential), and CD
(Conservation District) to OS (Open Space) which consists of 4.47 acres, generally
located on the east side of South Federal Highway between S.E. 10th Street and Linton
Boulevard. (Quasi-Judicial Hearing) (Approved, 5-0)
B. ORDINANCE NO. 29-04 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2004-02): Consider on second reading an ordinance
adopting Comprehensive Plan Amendment 2004-02 and associated Future Land Use
Map (FLUM) amendments, Amendment 2004-02 includes:
1. Text Amendments:
a. 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. 2nd Street, from Swinton Avenue to Interstate 95, is being
created to accommodate higher density residential development pursuant to the
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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;
e. 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;
g. Public Facilities Element - Add objective and policies related to the regional
water supply plan and preparation of a 10-year Water Supply Facilities Work
Plan addressing water supply facilities necessary to serve existing and new
development;
h. 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;
1. Conservation Element - Add objective and policy addressing projected water
needs and sources considering the South Florida Water Management District's
Lower East Coast Water Supply Plan;
J. 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;
l. Capital Improvement Element - Modify Table CI -CIP (5-Year Capital
Improvements Schedule for Projects>$25,000) to reflect implementation of the
new $24 million Parks and Recreation Bond and adoption of the FY 2005-2009
Capital Improvement Program;
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;
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o. Public Schools Facilities Element - Elimination of the appendices;
p. 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-1.1 dealing with the level of service standard
· Amend Policy A-3.1 dealing with intergovernmental coordination
r. Open Space Facilities Element - Add policy to establish an urban park at Old
School Square.
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. 10th 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 12th Avenue (1200 Block) within the West Atlantic
A venue Overlay District.
(Motion to approve Ordinance No. 29-04; Approved, 4-0; Commissioner McCarthy filed Conflict of
Interest)
C. ORDINANCE NO. 61-04: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Section 35.095, by amending Subsection (A) (2) "Participant
Contributions", to provide for an increased employee contribution. (Approved, 5-0)
D. ORDINANCE NO. 31-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance rezoning from GC (General Commercial) to CBD
(Central Business District) for 41.53 acres ofland for properties generally located on the
north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100
Block) and NW /SW 12th Avenue (1200 Block) within the West Atlantic Avenue
Overlay District. (Quasi-Judicial Hearing) (Approved, 5-0)
E. RESOLUTION NO. 76-04: Consider approval of Resolution No. 76-04 authorizing
the City to sell property located off of Jasmine Drive in the Tropic Isle Subdivision and
Contract for Sale and Purchase between the City and Gold Coast Homes in the amount
of $9,650.00; and approve and accept a utility easement deed to allow the City to install
a drainage pipe from Jasmine Drive to the canal. (Approved, 5-0)
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F. ORDINANCE NO. 58-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR),
Appendix "A" "Definitions", to provide a definition of "Adult Gaming Center", "Coin-
Operated Amusement Devices", and "Slot Machines" and enacting a new Subsection
4.3.3(AAA) "Adult Gaming Centers" and clarifying that adult gaming centers are
conditional uses in the General Commercial (GC) and Planned Commercial (PC)
Zoning Districts. (Approved, 5-0)
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. 60-04: An ordinance rezoning from CF (Community Facilities)
and R-l-A (Single Family Residential) to RM (Medium Density Residential) 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. 10th Street. If passed, a public hearing will be scheduled
for November 2, 2004. (Quasi-Judicial Hearing) (Motion to TABLE Ordinance No.
60-04 and direction to proceed with haste; Approved, 4-0; Commissioner McCarthy filed
Conflict of Interest)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 15, 2004
****** Meeting adjourned at 8:05p.m. ******
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