01-04-05 Agenda Results-Regular
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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.
Tuesday, January 4,2005
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
De1ray 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 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 Item 8D, Review of Appealable Land Development Board
Actions, be moved to the Regular Agenda as Item 9.]; Additional information for Item 9.B, Letter of
Interest/Survey and Appraisal of Property/Alzheimer Foundation Property; Additional information for
Item 10.A, Ordinance No. 68-04; and the addition of Item 9.1, Contract/Mickey Mantle; Approved as
amended, 5-0)
5. APPROVAL OF MINUTES:
· December 6, 2004 - Regular Meeting (Approved, 5-0)
· December 14, 2004 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. St. Paul's Episcopal Church - 100th Anniversary
B. Calling for the First Nonpartisan Election to be held on March 8, 2005
7. PRESENTATIONS:
· NONE
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL/912 PLAT: Approve the three (3) lot
minor subdivision 912 Plat, a re-plat of a portion of Lot 9, located on the northwest
corner ofN.W. 2nd Avenue and N.W. 9th Street.
B. ACCEPTANCE OF EASEMENT DEED /SAFE AND SECURE: Approve and
accept an easement deed providing a 12 foot wide easement over a water main as part
of the development approval of the Safe and Secure Project, located along North
Federal Highway.
C. GRANT APPLICATION/LAND AND WATER CONSERVATION: Approve a
grant application to Land and Water Conservation for funding in an amount up to
$200,000.00 for improvements to the Boy Scout Hut Park.
D. (MOVED TO ITEM 9.] ON THE REGULAR AGENDA)
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E. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Tropic Fence, Inc. in the amount of $20,347.00 via the Palm
Beach County Contract #04-127PR for the removal and installation of 740' of
fence at Miller Park. Funding is available from 115-4101-572-63.90 (Special
Projects Funds/Parks & Recreation/Other Improvements).
9. REGULAR AGENDA:
A. WAIVER REQUESTS/HIGHLAND GROVE ESTATES: Consider a request of
several waivers for Highland Grove Estates, located at the northwest corner of Old
Germantown Road and Palm Cove Boulevard. (Quasi-Judicial Hearing) (Motion to
approve all five (5) waivers; Approved, 4-1; Commissioner Archer dissenting)
B. LETTER OF INTEREST /SURVEY AND APPRAISAL OF
PROPERTY / ALZHEIMER FOUNDATION PROPERTY: Consider approval
of a Letter of Interest regarding the property adjacent to the Alzheimer facility, located
on the northwest corner of Lake Ida Road and Congress Avenue and authorization to
proceed with a survey and appraisal. (Approved, 5-0)
C. PROPOSAL FOR SETTLEMENT IN GOVERNMENT TECHNOLOGY
RESOURCES (GTR) v. CITY OF DELRAY BEACH: Consider a Proposal for
Settlement in the amount of $10,000.00 in Government Technology Resources (GTR)
v. City of Delray Beach. Staff recommendation is acceptance. (Approved, 4-1; Mayor
Perlman dissenting)
D. MATCH POINT, INC. CHARITY CONTRIBUTION: Consider a request from
Mark Baron requesting a reduction in the 2004 and 2005 minimum charity
contributions from Match Point, Inc.; and a request for a permanent reduction. (Motion
to approve a reduction in the 2004 and 2005 minimum charity contributions; Approved, 5-0)
E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for a three year term ending January
14, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Archer (Seat #2). (Appointed Beril Kruger and approved, 5-0)
F. 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). (POSTPONED to a date certain of February 1,2005)
G. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint two (2) Citizen-at-Large representatives for two year terms ending
January 31, 2007. Based upon the rotation system, the appointments will be made by
Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). (Appointed Troy
Wheat and approved, 5-0; and appointed Melvin Sacharow and approved, 5-0)
H. RESOLUTION NO. 1-05: Consider approval of Resolution No.1-OS supporting the
modernization of the Boynton Inlet. (Approved, 5-0)
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1. CONTRACT /MICKEY MANTLE: Consider approval of acceptance of a framed
Mickey Mantle Contract from Fran Marincola. (Motion to accept gift and authorize City
Manager to work out details for acceptance of gift; Approved, 5-0)
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 13, 2004 through December 31, 2004. (First motion to appeal the Site Plan
Review and Appearance Board's (SPRAB) decision for Item G, Avenue East; Approved, 5-0.
Second motion to receive and ftie balance of report; Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 68-04 (SECOND READING/SECOND 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 structures. (Motion to approve with revised language;
Approved, 5-0)
B. ORDINANCE NO. 67-04 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.4(])(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. (Approved, 5-0)
C. ORDINANCE NO. 70-04 (SECOND READING/SECOND 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 regulations for clubs and lodges; and amending Section 4.4.13,
"Central Business (CBD) District", to delete clubs and lodges as a Conditional Use.
(Approved, 5-0)
D. ORDINANCE NO. 74-04 (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 January 18, 2005.
(Approved, 5-0)
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E. ORDINANCE NO. 79-04 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR) Section 4.4.24,
"Old School Square Historic Arts District" (OSSHAD), Subsection 4.4.24(B),
"Principal Uses and Structures", and Subsection 4.4.24(F), "Development Standards",
to allow the permitted uses and development standards of the CBD (Central Business
District) zoning district to apply to the south 34.75 feet of Lot 6, Block 75. If passed, a
second public hearing will be scheduled for January 18, 2005. (Approved, 4-0;
Commissioner Costin filed Conflict of Interest)
F. ORDINANCE NO. 71-04 (SECOND READING/SECOND 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. (Approved, 5-0)
G. ORDINANCE NO. 80-04 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Land Development Regulations (LDR) Section 4.6.9, "Off-
Street Parking Regulations", Subsection 4.6.9(B), "Applicability", to provide a credit for
parking under certain circumstances where a governmental entity acquires property for
public parking. If passed, a second public hearing will be scheduled for January 18,
2005. (Approved, 5-0)
H. ORDINANCE NO. 81-04: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A),
"Participants Contribution Account", by amending Section 3S.09S(A)(4) "Applicability
to Bargaining Unit Employees", to provide that the contribution by the National
Conference of Firemen and Oilers (NCF&O) shall be 2.5% and that in no event will the
employee contribution be less than 2.5% or greater than 4.5%, based on actuarial
requirements. (Approved, 5-0)
1. ORDINANCE NO. 76-04: An ordinance amending Chapter 112 "Alarm Systems",
Section 112.21, "Application for Alarm Registration; Reporting Changes to Required
Information", to provide for and require annual updates in information; amending
Section 112.26, "Response to Alarm; Alarm User Responsibility; Alarm Malfunction
and Corrective Action", by enacting a new Subsection 112.23(A) to require verification
for intrusion and burglar alarms. (Approved, 5-0)
J. RESOLUTION NO. 91-04: Consider approval of Resolution No. 91-04 authorizing
the City to purchase two lots to connect Southridge Road to Zeder Avenue as part of
the infrastructure improvements identified in the Southridge/SW 4th Avenue
Redevelopment Plan; and Contract for Sale and Purchase between the City and Faterry
L. Cleckley and Sharon C. Cleckley in the amount of $78,000.00. (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. 1-05: An ordinance adopting the Community Redevelopment
Agency Plan Amendment. If passed, a public hearing will be scheduled for January 18,
200 S. (Approved, 4-0; Mayor Perlman flied Conflict of Interest)
B. ORDINANCE NO. 75-04: Future Land Use Map Amendment (FLUM) from
County HR-8 (High Density Residential-8 dwelling units per acre) to City MD (Medium
Density Residential 5-12 dwelling units per acre) and annexation with initial City zoning
of RM-l0 (Medium Density Residential-l0 dwelling units per acre) for Gramercy,
located 260 feet west of Military Trail and 710 feet south of West Atlantic Avenue. If
passed, a public hearing will be scheduled for January 18, 2005. (Motion to approve
Ordinance No. 75-04 with City zoning of RM-8, Approved, 5-0)
C. ORDINANCE NO. 78-04: City initiated amendment to Land Development
Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements", Section 2.4.3(A),
"Standard Application Items", Section 2.4.S(M), "Amendment to the Land
Development Regulations", Section 4.S.1(C), "Designation Procedures", to provide for
the elimination of certain notices not required by state law and adding new public notice
requirements. If passed, a public hearing will be scheduled for January 18, 2005.
(Approved, 5-0)
D. ORDINANCE NO. 2-05: An ordinance amending Chapter 34, "Elections", Section
34-01, "State Law to Govern", to "opt-out" of the provisions of Section 101.657,
Florida Statutes, the early voting requirements. If passed, a public hearing will be
scheduled for January 18, 2005. (Approved, 5-0)
E. ORDINANCE NO. 3-05: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National American Fee Schedule. If passed, a public hearing will
be scheduled for January 18, 2005. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 30, 2004
****** Meeting adjourned at 8:50 p.m. ******
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