11-16-04 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, November 16, 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 the addition of Item 8.L, Subordination Agreement for
Community Development Funding Recipient, to the Consent Agenda by addendum; Revised Exhibit
"A" for Item 9.D.3, Resolution No. 86-04; Item 10.A, Ordinance No. 57-04, was pulled from the agenda
due to a request from the applicant; Commissioner Levinson requested that Item 8.F, Additional Audit
Fees/Ernst & Young, be moved to the Regular Agenda as Item 9.A.l; and Item 8.], Lease Agreement
with Delray Toyota, be moved to the Regular Agenda as Item 9.A.2; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. October 19, 2004 - Regular Meeting (Approved, 5-0)
. November 2, 2004 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing and Commending Melvin Sacharow
B. National Hospice Month - November 2004
7. PRESENTATIONS:
A. RESOLUTION NO. 81-04: Recognizing and Commending Norma Smith for 35
years of dedicated service to the City of Delray Beach. (Approved, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarter Annual Meeting of October 21, 2004.
B. RESOLUTION NO. 82-04: Approve Resolution No. 82-04 assessing costs for
abatement action required to remove nuisances on nine (9) properties throughout the
City.
C. RESOLUTION NO. 83-04: Approve Resolution No. 83-04 assessing costs for action
necessary to remove junked and/or abandoned vehicles from eight (8) properties
throughout the City.
D. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /302-304
S.E. 5TH AVENUE: Authorize the City to act as the utility permit applicant for a
water service connection within the state right-of-way (located at 302-304 S.E. 5th
A venue, southbound U.S. 1) and approve a Hold Harmless Agreement with the
developer (Rockwell Development Company).
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E. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /DEPOT
ROAD: Authorize the City to act as the utility permit applicant for force main work
performed within the state right-of-way (Depot Road, under I-95) and approve a Hold
Harmless Agreement with the developer a & D Corporation of South Florida).
F. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
G. IN-LIEU OF PARKING FEE AGREEMENT /JOE'S RESTAURANT:
Approve an In-Lieu of Parking Fee Agreement with 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).
H. WATER SERVICE AGREEMENT /NEW ROCHELLE PLAZA (AKA TIRE
KINGDOM): Approve a water service agreement for New Rochelle Plaza (aka Tire
Kingdom) an unincorporated County parcel, located at the northwest comer of Military
Trail and Conklin Drive.
L AGREEMENT WITH PENCIL, INC.: Approve an agreement with PENCIL, Inc.,
a non-profit organization that encourages private sector and civic involvement to
support the public schools by inviting individuals to be "Principal For A Day".
J. (MOVED TO ITEM 9.A.2 ON THE REGULAR AGENDA)
K. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to PVS Technologies, Inc. in the amount of $170,000.00 for
ferric chloride for use in the Water Treatment Plant. Funding is available from
441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
2. Purchase award to Otto Waste Systems in the amount of $35,000.00 for the
purchase of garbage carts with lids as a sole source purchase. Funding is
available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement).
3. Purchase award to Club Car Transportation and Utility Vehicles for the
purchase of four (4) 2004 Turf Gasoline Utility Vehicles in the amount of
$21,400.00 via the Florida State Contract 070-840-400. Funding is available
from 445-4761-572-64.90 (Delray Municipal Golf Course/Other
Machinery/Equipment) and 446-4761-572-64.90 (Lakeview Golf Course/Other
Machinery /Equipment).
4. Contract award to Rosso Paving & Drainage, Inc. in the amount of $895,651.65
for the N.E. 4th Avenue (N.E. Atlantic Avenue to N.E. 2nd Street) Beautification
Project. Funding is available from 334-3162-541-65.81 (General Construction
Fund/N.E. 4th Avenue-East Atlantic), 448-5461-538-65.81 (Stormwater Utility
Fund/N.E. 4th Avenue), 442-5178-536-63.51 (Water/Sewer Renewal &
Replacement Fund/Sewer Mains) and 441-5181-536-65.96 (Water/Sewer
Fund/Other Improvements/Reclaimed Water Transmission).
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9. REGULAR AGENDA:
A1 ADDITIONAL AUDIT FEES/ERNST & YOUNG: Approve the payment of
additional Audit Fees for FY 2003 in the amount of $20,000.00 to Ernst & Young for
the debt refunding bond issue transactions and the new GASB 34 transaction reporting
requiremen ts. Funding is available from various departments' operating expense
budget. (Motion to approve contingent upon the City receiving the necessary papers from
Ernst & Young; Approved, 4-1; Mayor Perlman dissenting)
A2 LEASE AGREEMENT WITH DELRAY TOYOTA: Approve a lease agreement
with Delray Toyota to lease five (5) Toyota Camry LE's for thirty-nine (39) months in
the amount of $57,447.00 to support the existing Community Observer Patrol (COP)
Volunteer Program. Funding is available in 001-2113-521-44.40 (General Fund/Vehicle
Rental/Lease). (Approved, 5-0)
A EXTENSION OF CONDITIONAL USE REQUEST /WEATHERSPOON
CAR WASH: Consider a request to extend the conditional use approval to allow the
establishment a car wash facility to be known as Weatherspoon Car Wash, located on
the west side of North Federal Highway (2210 North Federal Highway), approximately
1,600 feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearing) (Approved, 5-0)
B. CONTRACT AWARD/CHAZ EQUIPMENT, INC.: Consider approval of a
contract award to third lowest bidder, Chaz Equipment, Inc., in the amount of
$1,730.052.50 for construction of the Area One Reclaimed Water Transmission System.
Funding is available from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water
Transmission System). (Approved, 5-0)
C. PALM BEACH COUNTY LEAGUE OF CITIES/HOST FOR GENERAL
MEMBERSHIP MEETING: Consider a request from the Palm Beach County
League of Cities for the City to host a League meeting in 2005. (Consensus of the
Commission to host a meeting, City Manager will follow-up with the Palm Beach County
League of Cities)
D. ACQUISITION OF PROPERTY/BEXLEY PARK EXPANSION: Consider
authorizing the acquisition of property by gift, purchase, or eminent domain of three (3)
properties adjacent to the Bexley Park site for the expansion of Bexley Park.
1. RESOLUTION NO. 84-04: Consider approval of Resolution No. 84-04
authorizing the acquisition of a 3.18 acre parcel of property owned by Maureen
Churchill, by gift, purchase, or eminent domain for the Expansion of Bexley
Park. (Motion to approve Resolution No. 84-04; Approved, 3-2; Commissioner
Levinson and Commissioner McCarthy dissenting)
2. RESOLUTION NO. 85-04: Consider approval of Resolution No. 85-04
authorizing the acquisition of a 5 acre parcel of property owned by Joyce Willis,
by gift, purchase, or eminent domain for the Expansion of Bexley Park. (Motion
to approve Resolution No. 85-04; Approved, 3-2; Commissioner Levinson and
Commissioner McCarthy dissenting)
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3. RESOLUTION NO. 86-04: Consider approval of Resolution No. 86-04
authorizing the acquisition of a 3.03 acre parcel of property owned by Bill and
Lou Malkemes, by gift, purchase, or eminent domain for the Expansion of
Bexley Park. (Motion to approve Resolution No. 86-04; Approved, 4-1;
Commissioner Levinson dissenting)
E. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider approval of the actions and decisions made by the Land Development Boards
for the period November 1, 2004 through November 12, 2004. (Motion to appeal
SPRAB Item "D", Intracoastal Park; Approved, 5-0)
F. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP,
INC.: Consider approval of a consulting agreement with JCD Sports Group, Inc. in
the amount of $20,000.00 for the period of December 1, 2004 through November 30,
2005. Funding is available from 001-4210-575-34.90 (T ennis Center Special
Events/Other Contractual Services). (Approved, 5-0)
10. PUBLIC HEARINGS:
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. (Quasi-Judicial Hearing) (PULLED due to a request from the
applicant)
B. ORDINANCE NO. 59-04 (SECOND READING/SECOND 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"
(OSSHAD), 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. (Motion to approve
Ordinance No. 59-04; Approved, 4-1; Commissioner McCarthy dissenting)
C. ORDINANCE NO. 49-04 (SECOND READING/SECOND 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. (Motion to approve
Ordinance No. 49-04; Approved, 4-1; Mayor Perlman dissenting)
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D. ORDINANCE NO. 66-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) to create a new Article
4.7, "Family/Workforce Housing", enacting 4.4.6(H) (6), "Density Bonuses", amending
Article 4.5, "Overlay and Environmental Management Districts", by enacting 4.5.9,
"Southwest Neighborhood Overlay District", 4.5.10, "Southwest 10th Street Overlay
District", and 4.5.11, "Carver Estates Overlay District", to provide for regulations and
incentives to build workforce housing and to create overlay districts which are entitled
to density bonuses for the provision of workforce housing units. If passed, a second
public hearing will be scheduled for December 6, 2004. (Motion to approve Ordinance
No. 66-04; Approved, 5-0)
E. ORDINANCE NO. 64-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR)
Subsection 4.3.3(0)(1), Application; 4.3.40)(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). (Approved, 5-0)
F. 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. (Approved, 5-0)
G. ORDINANCE NO. 63-04: An ordinance amending Land Development Regulations
(LDR), Appendix "A", "Definitions", to provide a more detailed definition of "Sign".
(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 Public.
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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 comer
of Swinton Avenue and S.W. 10th Street. If passed, a public hearing will be scheduled
for December 6, 2004. (Approved, 3-0; Commissioner McCarthy filed Conflict of Interest
and left dais; Mayor Perlman left dais and passed the gavel to Deputy Vice-Mayor Levinson)
B. ORDINANCE NO. 65-04: Future Land Use Map Amendment (FLUM) from
County LR-3 (Low Residential - 3 units per acre) to GC (General Commercial) and
annexation with initial zoning of AC (Automotive Commercial) for a parcel of land
within unincorporated Palm Beach County, located at 5005 Conklin Drive (northwest
comer of Military Trail and Conklin Drive aka Tire Kingdom). If passed, a public
hearing will be scheduled for December 6, 2004. (Approved, 3-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 12, 2004
****** Meeting adjourned at 8:45p.m. ******
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