12-06-04 Results
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
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RULES FOR PUBLIC PARTICIPATION
Monday. December 6. 2004
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
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
presiding officer has discretion to adjust the amount of time allocated.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled 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
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 hours pnor to the event in order for the City to accommodate your
request. Adaptive listening dev1ces are avatlable for meetings in the
Commisslon Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Item 9.G, Appointment to the Board of Construction
Appeals, Patricia \Vestal! and Jose Aguùa requested that the1t names be removed for conslderation;
Approved, 5-0)
5. APPROVAL OF MINUTES:
· November 16,2004 - Regular Meeting (Approved, 5-0)
· November 19,2004 - Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
· Florida Jewish History Month - January, 2005
7. PRESENTATIONS:
A. "Obie Community Spirit Award", Robert Barnard, Orange Bowl Committee
1. Orange Bowl Day Proclamation - December 6, 2004
B. "How Did I Survive The Hurricane Storms" Contest Winners - Delray Beach Parks
and Recreation Department
C. Keith Straghn Foundation Thanksgiving Dinner, Alfred Zack Straghn
D. Outside the Walls Ministries, Inc., William N. Griffin, President/Founder
E. City of Delray Beach Residents' Academy Certificates - Janet Meeks
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RESOLUTION NO. 88-04/ ABANDONMENT OF DRAINAGE EASEMENT:
Approve the abandonment of a 10 foot wide drainage easement and acceptance of a
replacement easement located within Lots 167 and 168, 2nd Section, Tropic Isle
Subdivision, generally located at the southeast comer of Allamanda Drive and Spanish
Trail.
1. AGREEMENT / ANGELO MORALES: Approve a cost sharing agreement
between the City and Angelo Morales for the relocation of an existing drainage
system on Spanish Trail. Funding is available from 448-5461-538-63.90 (Storm
Water Utility Fund/Improvements/Other).
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B. HAMLET RESIDENT HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
the Hamlet Resident Homeowners' Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
C. AMENDMENT NO. 3/SITE LEASE AGREEMENT/AT&T: Approve
Amendment No.3 to Water Tower Site Lease Agreement with AT&T to extend the
agreement until May 31, 2008, with the ability to renew for three (3) five-year terms and
allow AT&T to place six (6) mast head amplifiers on the water tower.
D. SERVICE AUTHORIZATION NO. 20/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 20 to Mathews Consulting, Inc. in the amount of
$49,715.00 for the design of the Swinton Avenue Beautification Phase II Project.
Funding is available from 119-4151-572-60.69 (Beautification Trust
Fund/Improvements/Other).
E. CHANGE ORDER NO. l/FINAL PAYMENT/C&D CONSTRUCTION
INC.: Approve Change Order No.1 in the amount of a $6,174.72 decrease, and final
payment in the amount of $8,704.37 to C&D Construction, Inc. for completion of the
City Marina Dock and Pier Replacement Project. Funding is available from 426-4311-
575-63.90 (City Marina Fund/Repair/Maintenance/Other Improvements).
F. SPECIAL EVENT REOUEST /FIRST NIGHT 2005: Approve a special event
request to hold the 8th Annual First Night event on December 31, 2004 from 4:00 p.m.
to midnight, granting a temporary use permit per LDR Section 2.4.6(H) for the use and
street closures of City rights-of-way and facilities as requested, to waive LDR's section
4.6.7(D)(3)G)(ü) to allow event signage to be placed no earlier than December 7, 2004,
and authorize staff support for security and traffic control, signage construction and
installation, barricade set-up/removal, trash removal and clean up, and use/set-up of
City stages as needed at no charge.
G. SPECIAL EVENT REOUEST / ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for January 20, 2005 from 6:00
p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(1-1) 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. 1st
Street, and authorize staff support for security and traffic control, banner hanging and
removal, barricade set-up/removal, trash removal and clean up.
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H. SPECIAL EVENT REOUEST /HOWARD ALAN 16th ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 16th
Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on
January 22 and 23, 2005, granting a temporary use permit per LDR Section 2.4.6(H) for
street closure of Atlantic Avenue, east of N.E.jS.E. 6th Avenue east to Salina, and
Vittoro's parking lot for vendor parking; authorize staff to apply for the FDOT street
closure permit; authorize staff support for security and traffic control, and permit an
event sign to be erected on Atlantic Avenue just east of 1-95 one week prior to the
event with the sponsor paying all overtime costs.
I. SPECIAL EVENT REOUEST /HOWARD ALAN 8h ANNUAL WINTER
STREET CRAFT FESTIVAL: Approve a special event request to allow the 8th
Annual Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events,
Ltd. to be held on February 26-27, 2005 &om 10:00 a.m. - 5:00 p.m., including a
temporary use permit per LDR Section 2.3.6(H) for street closures of NE/SE 4th
Avenue, one block north/south of Atlantic Avenue as well as the north end of Hand's
parking lot for vendor parking and staff support for security, with the event sponsor
paying all overtime costs.
J. REJECTION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER MAIN
IMPROVEMENTS PROJECT: Approve the rejection of all bids received for the
2003-011 Palm Trail Neighborhood Water Main Improvements Phase 1 Project due to
insufficlent funding and authorize staff to re-bid in October, 2006.
K. REJECTION OF BIDS/FIRE RESCUE APPARATUS MAINTENANCE
BUILDING PROJECT: Approve the rejection of all bids received for the 2002-022
Fire Rescue Apparatus Maintenance Building Project, implement revisions from value
engineering, and authorize staff to re-bid in January, 2005.
L. CONTRACT ADDITION/CHANGE ORDER NO. 1/INTEGRITY WELL
AND PUMP COMPANY: Approve a Contract Addition (Change Order No.1) in
the amount of $45,000.00 to Integrity Well and Pump Company for additional services
required by the Department of Environmental Protection (DEP) for the rehabilitation
of the Aquifer Storage and Recovery (ASR) Well Project. Funding is available &om
442-5178-536-46.90 (Water & Sewer/Renewal & Replacement Fund/Other Repair &
Maintenance).
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 15, 2004 through December 3, 2004.
N. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Phillips Medical Systems in the amount of $15,076.99 via the
Florida SNAPS II Agreement for eight (8) Automatic External Defibrillators
(AED) for the Police Department's patrol vehicles. Funding is available from
115-2111-521-64.90 (Special Project Fund/Other Machinery/Equipment).
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2. Lease award to Mears Motor Leasing in the annual amount of $42,840.00 via the
Florida Sheriffs' Association of Counties Bid #04-12-0823 for the lease of six
(6) police vehicles to support the Police Department's undercover operation.
Funding IS available from 001-2115-521-44.40 (police Department Vehicles/
Rental/Lease).
3. Purchase award to Exeter Architectural Products in the amount of $43,815.77
via the State of Florida Statewide Purchasing Subsystems (SPURS) Agreement
#1502177-4 for the purchase and installation of Storm Shield Hurricane Barriers
to thirty-five (35) openings on the first floor of Police Department
Headquarters. Funding is available from 334-6111-519-62.10 (General
Construction Fund/Buildings).
4. Purchase award to Cantway Trailer in the amount of $23,950.00 to convert ten
(10) of the recendy purchased Skid Mounted Generators to portable. Funding
is available from 441-5161-536-64.90 (Water/Sewer Fund/Capital Outlay/
Other Machinery and Equipment).
5. Contract award to Murray Logan Construction, Inc. in the amount of
$19,000.00 via the Northern Palm Beach County Water Control District
Contract for rehabilitation of Lift Station 14. Funding is available from 442-
5178-536-46.90 (Water/Sewer/Renewal and Replacement Fund/Other Repair/
Maintenance).
6. Bid award to American Lighting Maintenance, Inc. in the amount of $28,721.00
for parking lot lights for Miller Park. Funding is available from 117-6111-572-
63.40 (Recreation Impact Fee Fund/Recreation Improvements).
9. REGULAR AGENDA:
A. BONUS PAYMENT TO lCD SPORTS GROUP: Consider approval of FY 03-04
bonus payment to JCD Sports Group for golf operations in the amount of $18,625.00
and for Tennis Center operations in the amount of $6,270.00. Funding is available from
445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Professional
Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services),
001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other
Contractual Serv1ces) and 001-4210-575-34.90 (General Fund/Tennis Operations/
Stadium). (Motion to approve subject to staff recommendation; Approved, 5-0)
B. ADOPTION OF THE OSCEOLA PARK REDEVELOPMENT PLAN:
Consider approval and adoption of the Osceola Park Redevelopment Plan. (1vfotion to
approve and adopt; Approved, 5-0)
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C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/INTRACOASTAL PARK: Consider an appeal of the Site Plan Review
and Appearance Board's action associated with a Class V site plan, landscape plan, and
architectural elevations for Intracoastal Park, located on the east side of South Federal
Highway, approximately 1,325 feet north of Linton Boulevard. (Quasi-Judicial
Hearing) (Mooon to uphold the Slte Plan ReVlew and Appearance Board's approval of the
Class V site plan, landscape plan, and architectural elevaoons for Intracoastal Park WhlCh
mcludes provlding a SlX (6) foot to eight (8) foot high continuous wal! along the south property
line in place of the cham link fence Wlth the type of wall system to be approved by Clty Staff
and the resldents of the Harbourside Condorrunium; Approved, 5-0)
D. REOUEST FOR WAIVER/508 NORTH SWINTON AVENUE: Consider a
waiver request to Land Development Regulations Section 4.5.1 (C)(5) to allow the
construction of a new house, located at 508 North Swinton Avenue. (Quasi-Judicial
Hearing) (WITHDRAWN)
E. WIRELESS INTERNET /DOWNTOWN AREA: Provide direction concerning
wireless internet proposals for providing Wi-Fi services in the downtown area. (1vfooon
to TABLE; Approved, 5-0)
F. PROPERTY ACQUISITION STATUS REPORT: The City Attorney will give a
report on the status of efforts to acquire various properties to implement the Parks
Bond Issue.
G. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint one (1) member to the Board of Construction Appeals for an unexpired term
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Commissioner Archer (Seat #2). (Appointed Charles Halberg and approved, 4-0;
Commissioner Archer left dais)
H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint five (5) regular members and two (2) student members to the Neighborhood
Advlsory Council for two year terms ending October 31, 2006. Based upon the rotation
system, the appointments will be made by Commissioner Costin (Seat #1),
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner
McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and
Commissioner Archer (Seat #2). (DEFERRED)
I. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one
(1) alternate member to the Nuisance Abatement Board for an unexpired term ending
March 31, 2005. Based upon the rotation system, the appointment will be made by
Commissioner McCarthy (Seat #4). (DEFERRED)
J. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) member to the Site Plan Review and Appearance Board for
an unexpired term ending August 31, 2006. Based upon the rotation system, the
appointment will be made by Commissioner Costin (Seat #1). (Appointed Jose Aguila
and approved, 4-0)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 68-04 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR), 4.4.3, "Single
Family Residential (R-l) DIstricts", Article 4.5, "Overlay and Environmental
Management Districts" and Section 2.4.3(K), "Fees", relating to the creation of Design
Guidelines in order to maintain the character of the North Beach/Seagate and Ocean
Neighborhood Overlay District Areas by regulating proposed massing and scale of
structure. If passed, a second public hearing will be scheduled for January 4, 2005.
(Approved, 5-0)
B. ORDINANCE NO. 66-04 (SECOND READING/SECOND 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.
(Approved, 5-0)
C. ORDINANCE NO. 60-04: An ordinance rezoning from CF (Community Facilities)
and R-I-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 South Swinton Avenue and S.W. 10th Street. (Quasi-Judicial Hearing) (Approved,
4-0; Comnussioner McCarthy fùed Confuct of Interest and left dais)
D. 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). (Quasi-Judicial
He~) (Approved, 4-0)
E. ORDINANCE NO. 72-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance designating the west side of North Swinton Avenue, located between
Trinity Lutheran Church and the north side ofN.W. 17th Street, to the Local Register of
Historic Places. If passed, a second public hearing will be scheduled for January 4,
2005. (1vlotion to approve, DENIED, 5-0; Comnussioner McCarthy returned to dais)
F. ORDINANCE NO. 67-04 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR), 4.3.40)(4),
"Increases to Height Regulations" to limit the area in the CBD (Central Business
District) available for an increase in height and to modify the criteria which must be met
to support an increase in height in all areas where increases in height are allowed. If
passed, a second public hearing will be scheduled for January 4, 2005. (Approved, 3-0;
ComnusslOner Lev!nson and CommisslOner Archer left dals)
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G. ORDINANCE NO. 71-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance designating The DeWitt Estate, 1110 North Swinton Avenue, located
between N.W. 11th Street and N.W. 12th Street on the west side of North Swinton
Avenue, to the Local Register of Historic Places. If passed, a second public hearing will
be scheduled for January 4,2005. (Approved, 4-0; COmmlSSlOner Archer returned to dais)
H. ORDINANCE NO. 70-04 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) Sections 4.4.9,
"General Commercial", and 4.4.12, "Planned Commercial", to add churches, or places
of worship, as a Conditional Use subject to certain regulations and providing similar
regulatlons for clubs and lodges and amending Section 4.4.13, "Central Business (CBD)
District", to delete clubs and lodges as a conditional use. If passed, a second public
hearing will be scheduled for January 4, 2005. (Approved, 5-0; Commissioner LevlOson
returned to dais)
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.
12. FIRST READINGS:
. NONE
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 3, 2004
****** Meeting adjourned at 10:47 p.m. ******
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