11-02-04 Results
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
I ==::J
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, November 2,2004 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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted revised ordinance for Item 10.A, Ordinance No. 59-04;
Item 10.B, Ordinance No. 42-04, was Tabled due to a request from the applicant. Mayor requested Item
S.F, Special Event Request/Art & Jazz on the Avenue, be moved to the Regular Agenda as Item 9.H.
Commissioner Levinson requested Item S.H, City Recognition and Gifts Policy, be moved to the
Regular Agenda as Item 9.1; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
. Children's Book Week - November 15-21, 2004
7. PRESENTATIONS:
A. RESOLUTION NO. 80-04: Recognizing and Commending Jessie Grant for 30
years of dedicated service to the City of Delray Beach.
B. SW Presidents' Association, Carolyn Gholston
C. Race Relations Strategy, Sam Mathis
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/DIXIE DEL-IDA PLAT: Approve
the minor subdivision plat for Dixie Del-Ida, a re-plat of a portion of Lots 2, 3, 4, and 5,
Block 5, Del Ida Park, the property is bounded by N.E. 2nd Avenue and Dixie
Boulevard.
B. FINAL SUBDIVISION PLAT APPROVAL/DIXIE DEL-IDA POINT PLAT:
Approve the minor subdivision plat for Del-Ida Point, a re-plat of a portion of Lots 26,
27, and 28, Block 4, Del Ida Park, located on the southwest corner of N.E. 2nd Avenue
and N.E. 6th Street.
C. ACCEPTANCE OF RIGHT-OF-WAY DEED /19 SOUTH SWINTON
AVENUE: Approve and accept a right-of-way deed associated with 19 South Swinton
Avenue, located on the east side of South Swinton Avenue, approximately 256 feet
south of Atlantic Avenue within the Old School Square Historic Arts District.
11-02- 2004
- 2 -
D. CHANGE ORDER NO. 2/FINAL PAYMENT/D.N. HIGGINS, INC.:
Approve Change Order No.2 in the amount of $127,167.87 and final payment in the
amount of $214,672.16 to DN. Higgins, Ine. for the Seacrest Neighborhood
Improvements Phase IV Project. Funding is available from 442-5178-536-65.03
(Water/Sewer Renewal and Replacement Fund/Seacrest/Del Ida) and 334-3162-541-
65.43 (General Construction Fund/Lake Ida Road North).
E. AMENDMENTS NO. 2/PALM BEACH COUNTY FINANCIAL
ASSISTANCE AGREEMENTS: Approve Amendment No. 2 to the Financial
Assistance Agreements with Palm Beach County for the Lake Ida Road Beautification
to allow for an extension of the deadline to apply for financial reimbursement.
F. (MOVED TO ITEM 9.H ON THE REGULAR AGENDA)
G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT / A VDA: Approve and authorize the
execution of a sub-recipient funding agreement with Aid to Victims of Domestic Abuse
(A VDA) in the amount of $50,000.00 under the Community Development Block Grant
(CDBG) program for FY 2002-2003. Funding is available from 118-1965-554-83.01
(CDBG/Miscellaneous Expense/Other Grants and Aid).
H. (MOVED TO ITEM 9.1 ON THE REGULAR AGENDA)
1. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 18, 2004 through October 29, 2004.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Eimco Water Technologies, Ine. in the amount of
$187,830.00 for the rehabilitation of Clarifier No. 1 at the Water Treatment
Plant Project. Funding is available from 442-5178-536-64.90 (Water/Sewer
Renewal and Replacement Fund/Other Machinery and Equipment).
2. Purchase award to Line-Tech, Ine. in the amount of $50,000.00 via the city of
Boynton Beach Contract for water service relocation. Funding is available from
442-5178-536-65.17 (Water/Sewer Renewal and Replacement Fund/Water
Service Relocations).
3. Purchase award to Chaz Equipment in the amount of $50,000.00 for sanitary
sewer manhole rehabilitation. Funding is available from 442-5178-536-61.84
(Water/Sewer Renewal and Replacement Fund/Manhole Rehabilitation).
4. Purchase award to Duval Ford in the amount of $19,376.00 via the State of
Florida Contract for the purchase of one (1) i-Ton Utility Body Pickup Truck
for the Water & Sewer Network Division. Funding is available from 441-5161-
536-64.25 (Water/Sewer Fund/Heavy Equipment).
11-02- 2004
- 3 -
5. The following items are associated with the Capacity Upgrade of Lift Station
100A Project:
a. Purchase award to Southeastern Pump in the amount of $19,257.00 for
the purchase of pumps, rails, breakaway fittings, and electrical
components.
b. Purchase award to R.B. Grove, Ine. in the amount of $33,450.00 for the
purchase of a fixed 125 KV A fixed generator.
e. Contract award to Murray Logan Construction, Ine. in the amount of
$48,000.00 via the Northern Palm Beach County Improvement District
Contract for labor and equipment.
Funding is available from 441-5181-536-69.29 (Water/Sewer Fund/LS100A
Capacity Upgrade).
6. Purchase award to Garber Ford Fleet Sales in the amount of $17,276.00 via the
Sheriffs Association and Florida Association Contract for the purchase of one
(1) %-Ton Utility Body Pickup Truck for the Parks and Recreation Department.
Funding is available from 501-3312-591-64.20 (Central Garage
Fund/ Automotive).
7. Purchase award to Florida Rural Water Association (FRW A) in the amount of
$64,400.00 for the purchase of thirteen (13) Skid Mounted Generators. Funding
is available from 441-5161-536-64.90 (Water/Sewer Fund/New Capital/Other
Machinery and Equipment).
9. REGULAR AGENDA:
A. LANDSCAPE MAINTENANCE AGREEMENT /BERKHEIMER
BUILIDNG: Consider approval of and acceptance of a Landscape Maintenance
Agreement for the Berkheimer Building, located at 80 N.E. 4th Avenue. (Approved, 4-0;
Commissioner Archer filed Conflict ofInterest and left dais)
B. REQUEST FOR WAIVER/ABBEY DELRAY SOUTH: Consider a waiver
request from Abbey Delray South, located at 1717 Homewood Boulevard, to Land
Development Regulations Section 4.6.7(E)(1) to allow the placement of an off-premise
sign. (Quasi-Judicial Hearing) (Approved, 5-0; Commissioner Archer returned to dais)
C. INTERLOCAL AGREEMENT WITH THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CONTRACT WITH ASPHALT
CONSULTANTS, INC. FOR CONSTRUCTION OF IMPROVEMENTS/
NW /SW 5TH A VENUE AND CONTRACT ADDITION NO.1 FOR MILLER
PARK:
1. Consider approval of an Interlocal Agreement between the City and the
Community Redevelopment Agency (CRA) in an amount not to exceed
$1,094,823.38. (Approved, 4-0; Mayor Perlman filed Conflict of Interest, passed the
gavel to Vice-Mayor McCarthy, and left dais)
11-02- 2004
- 4 -
2. Consider approval of a contract between the City and Asphalt Consultants, Ine.
in the amount of $1,853,886.75 for the construction of improvements for the
NW /SW 5th Avenue Beautification Project. Funding is available from 334-
3162-541-65.83 (General Construction Fund), 442-5178-536-65.83 (Water &
Sewer /Renewal/Replacement) and 448-5461-538-65.83 (Stormwater Utility
Fund). (Approved, 4-0; Mayor Perlman ftied Conflict of Interest)
3. Consider approval of Contract Addition No.1 between the City and Asphalt
Consultants, Ine. in the amount of $88,314.00 for the resurfacing of the Miller
Park parking lot. Funding is available from 001-6111-519-49.90 (General
Fund/Other Current Charges). (Approved, 4-0; Mayor Perlman filed Conflict of
Interest)
D. INITIATION OF AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LDR): Formally initiate an amendment to Land Development
Regulations regarding height limitations in the CBD (Central Business District).
(Approved, 4-0; Mayor Perlman returned to dais and Commissioner Costin filed Conflict of
Interest and left dais)
E. TAX RULING: Consider granting permission to request a private letter ruling
regarding payment of increased benefits. (Commission directed staff to provide more
information regarding the number of employees interested; Commissioner Costin returned to
dais)
F. PROPOSAL FOR SETTLEMENT IN VOSBURGH v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $12,500.00 in
Vosburgh v. City of Delray Beach. Staff recommendation is acceptance. (Motion to
approve settlement; Approved, 3-2; Mayor Perlman and Commissioner Archer dissenting)
G. CONSULTANT AGREEMENT /SAMUEL E. MATHIS, JR.: Consider approval
of a consultant agreement between the City and Samuel E. Mathis, Jr. in the amount of
$25,000.00 for services related to the development and implementation of a "Race
Relations Dialog and Strategy" for the City. Funding is available from 001-1111-511-
34.90 (General Fund/Other Contractual Services). (Approved, 5-0)
H. SPECIAL EVENT REQUEST / ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for December 9, 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 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. 2nd
Street, and authorize staff support for security and traffic control, banner hanging and
removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City
stages. (Motion to approve Art & jazz with the possibility of extending the event to N.W. 3rd
Avenue to include merchants west of Swinton Avenue; Approved, 5-0)
1. CITY RECOGNITION AND GIFTS POLICY: Approve the City Recognition and
Gifts Policy. (Motion to approve with direction to the City Manager regarding proclamation
language; Approved 5-0)
11-02- 2004
- 5 -
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-04 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR), 4.3.4(K)
"Development Standards Matrix" to provide for a change in the minimum building
setbacks and Section 4.4.24, "Old School Square Historic Arts District" (OS SHAD), to
provide for changes to the Principal Uses, Accessory Uses, Conditional Uses, Review
and Approval Process, Development Standards and Special District Regulations to
regulate development size, massing, and scale. If passed, a second public hearing will be
scheduled for November 16, 2004. (Motion to approve the revised Ordinance No. 59-04
with the omission of the reference "and (7)" in paragraph (F) (4) and the deletion of paragraph
(F)(7) in its entirety; Approved, 4-1; Commissioner McCarthy dissenting)
B. ORDINANCE NO. 42-04 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR), 4.4.24 "Old
School Square Historic Arts District" (OSSHAD), Subsection 4.4.24(B), "Principal Uses
and Structures" to include properties that are allowed the Permitted Uses of the CBD
(Central Business District) Zoning District; amending Subsection 4.4.24(F)
"Development Standards", to include additional properties in the OSSHAD District
that are subject to the development standards of the CBD. If passed, a second public
hearing will be scheduled for November 16, 2004. (TABLED due to a request from the
applicant)
C. ORDINANCE NO. 49-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 2, "Administrative Provisions", of the Land
Development Regulations by amending Section 2.4.6(H), "Temporary Use Permit"
regarding horse drawn carriages to allow the use of horse drawn carriages (for special
events) if the owner or operator has a license agreement approved by the City
Commission and providing for limited hours in the summer season. If passed, a second
public hearing will be scheduled for November 16, 2004. (Motion to approve Ordinance
No. 49-04; Approved, 3-2; Mayor Perlman and Commissioner Archer dissenting)
D. ORDINANCE NO. 64-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) Subsection 4.3.3(0)(1),
Application; 4.3.4(]) (4), "Increases to Height Regulations"; Subsection 4.3.4(K),
"Development Standards Matrix", Section 4.4.9 "General Commercial (GC) District";
Section 4.4.13, "Central Business District (CBD)"; Subsection 4.4.24(F), "Development
Standards"; Section 4.5.6, "The West Atlantic Avenue Overlay District"; Subsection
4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with
a Thirty-five (35) Foot Height Limitation"; Subsection 4.6.9(E)(3), "In-lieu Fee", and
Subsection 4.6.18 "Architectural Elevations and Aesthetics" to incorporate regulations
related to the GC (General Commercial) portion of the West Atlantic Avenue Overlay
District into the CBD (Central Business District). If passed, a second public hearing
will be scheduled for November 16, 2004. (Approved, 5-0)
11-02- 2004
- 6 -
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. 57-04: Annexation, Small-Scale Future Land Use Map (FLUM)
Amendment from County HR (High Density Residential-8 dwelling units per acre) to
City MD (Medium Density Residential 5-12 dwelling units per acre), and rezoning from
AR (Agricultural Residential) to RM (Medium Density Residential) for a 4.86 acre
property, located on the west side of Military Trail, approximately 700 feet south of
Atlantic Avenue. If passed, a public hearing will be scheduled for November 16, 2004.
(Approved, 5-0)
B. ORDINANCE NO. 62-04: An ordinance amending Land Development Regulations
(LDR), 1.3.6(A) "Repairs and Maintenance" to allow repair and maintenance to
nonconforming historic structures to exceed the annual maximum thresholds listed for
nonconforming structures. If passed, a public hearing will be scheduled for November
16,2004. (Approved, 5-0)
C. ORDINANCE NO. 63-04: An ordinance amending Land Development Regulations
(LDR), Appendix "A", "Definitions", to provide a more detailed definition of "Sign".
If passed, a public hearing will be scheduled for November 16, 2004. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 29, 2004
****** Meeting adjourned at 8:35p.m. ******
11-02- 2004
- 7 -