02-01-05 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.
Pompey Park
Recreation Center
1101 NW 2nd Street
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, February 1, 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 additional information for Item 9.K, Appointment to the
Nuisance Abatement Board; additional information for Item 9.M, Appointment to the Planning and
Zoning Board; Item 9.H., Resolution No. 6-05, moved to the Regular Agenda as Item 9.A.l;
Commissioner Levinson requested Item, 8.], Amendment No.1 to the Agreement with City Center
Development, LLCjOcean City Lofts, be moved to the Regular Agenda as Item 9.A.2; Approved as
amended, 5-0)
5. APPROVAL OF MINUTES:
· January 18, 2005 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
· NONE
7. PRESENTATIONS:
· Recognition and Presentation to Jamie Titcomb, Executive Director, Palm Beach
County League of Cities
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 January 20, 2005.
B. RESOLUTION NO. 5-05/ ABANDONMENT OF EASEMENT:
Approve the abandonment of an exclusive 12' wide water and sewer easement lying
within a portion of Tract "A", Lot 1, Lot 2, Lot 3, and Lot 4, and acceptance of a
replacement easement for Harbor House Plat.
C. RESOLUTION NO. 4-05: Approve Resolution No.4-OS urging members of the
Florida Legislature to support the growth management issues during the 2005
Legislative Session.
D. RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR
2005: Approve and ratify the proposed slate of Directors for the Sister Cities
Committee for 2005.
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E. SPECIAL EVENT REQUEST /EAST END VOLLEYBALL TOURNAMENT:
Approve a request from East End Volleyball for the East End Volleyball Tournament
to be held at the municipal beach on April 9 and 10,2005.
F. SPECIAL EVENT REQUEST /DELRAY AFFAIR: Approve a special event
request from the Chamber of Commerce to endorse the 43rd Delray Affair to be held on
April 1-3, 2005; including a temporary use permit per LDR Section 2.4.6(H) for street
closures of Atlantic Avenue from NW/SW 1st Avenue to the Intracoastal Waterway and
NE/SE 1st Street, and blocking access to Atlantic Avenue on each side street in this area
at the alleys running parallel to Atlantic Avenue; waiver of LD R Section 4.6.7 (F) (3) (j) (ii)
to allow event signage to be placed on March 14, 2005, staff support for security and
traffic; contingent upon the staff recommended exceptions in memo dated 1/25/05 and
the receipt of a hold harmless agreement and certificate of liability insurance.
G. SPECIAL EVENT REQUEST /SAINT PATRICK'S DAY PARADE: Approve a
special event request to allow the 37th Annual St. Patrick's Day Parade to be held on
Saturday, March 12, 2005 beginning with setup at noon and ending at approximately
3:30 p.m., grant a temporary use permit per LDR Section 2.3.6(H) for street closures of
Atlantic Avenue from Venetian Drive to the County Courthouse for the parade and
Venetian Drive and Gleason Street for staging of parade entries, staff support for traffic
control and security, barricading, trash removal, and assistance in obtaining the FDOT
permit, use and set up of half of the small stage, waiver of LDR's Section
4.6.7(F)(3)(j)(ii) to allow event signage to be placed no earlier than March 2, 2005
contingent upon specified conditions contained in 1/20/00 memo being met and the
receipt of a hold harmless agreement and certificate of liability insurance.
H. SERVICE AUTHORIZATION NO. 14/CURRIE SOWARDS AGUILA
ARCHITECTS/lNTRACOASTAL PARK: Approve Service Authorization No. 14
to Currie Sowards Aguila Architects in the amount of $106,750.00 for additional design
services associated with the Intracoastal Park Florida Inland Navigational District
(FIND) Project. Funding is available from 334-4174-572-63.90 (General Construction
Fund/Other Improvements/Intracoastal Park).
1. SERVICE AUTHORIZATION NO. 1.1/CURRIE SOWARDS AGUILA
ARCHITECTS /LAKE IDA PARK: Approve Service Authorization No. 1.1 to
Currie Sowards Aguila Architects in the amount of $51,250.00 for consultant design
services for the Lake Ida Park Project. Funding is available from 380-4150-572-63.26
(2004 G.O. Bond/Lake Ida Park).
J. (MOVED TO ITEM 9.A.2 ON THE REGULAR AGENDA)
K. JOINT DEFENSE AGREEMENT/TOWN OF WELLINGTON AND THE
CITY OF DELRAY BEACH v. PALM BEACH COUNTY: Approve a Joint
Defense Agreement regarding the Town of Wellington and the City of Delray Beach v.
Palm Beach County in opposition to Palm Beach County's Charter Amendment relating
to Voluntary Annexation.
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L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 18, 2005 through January 28, 2005.
M. AWARD OF BIDS AND CONTRACTS:
1. Purchase award in the amount of $135,120.00 to Selectron Technologies, Inc.
and Sungard HTE, Inc. for additional e-government modules to include
interactive Web Response for building permits and Utility Customer Service.
Funding is available from 441-5161-536-64.11 (Water/Sewer Fund/Computer
Equipment) and 334-6112-519-66.10 (General Construction Fund/Renewal &
Replacement/Miscellaneous Software).
2. Contract award to Chaz Equipment, Inc. in the amount of $45,000.00 via the
City of Boca Raton Contract for the replacement of a sewer manhole located in
Highpoint. Funding is available from 442-5178-536-63.51 (Water/Sewer
Renewal & Replacement Fund/Sewer Mains).
3. Lease award to Ikon Office Solutions in the total amount of $39,432.24 for a
thirty-six (36) month lease of six (6) digital copiers for various secure locations
for the Police Department. Funding is available from 001-2111-521-44.30
(General Fund/Equipment), 001-2121-521-44.30 (General Fund/Equipment),
001-2117-521-44.30 (General Fund/Equipment), and 001-2115-521-44.30
(General Fund/Equipment).
9. REGULAR AGENDA:
A. 1. RESOLUTION NO. 6-05: Approve Resolution No.6-OS naming the City park area
that includes the Boy Scout Hut "The Mike Machek Boy Scout Park". (Approved, 5-0)
A.2. AMENDMENT NO. 1 TO THE AGREEMENT WITH CITY CENTER
DEVELOPMENT, LLC/OCEAN CITY LOFTS: Approve Amendment No.1 to
the agreement between the City and City Center Development, LLC to provide for an
increase in payment to the developer in the amount of $32,1 00.00 for the relocation of
utilities within the City right-of-way on N.E. 4th Avenue. (Approved, 3-0; Commissioner
Levinson ftied Conflict ofInterest and Commissioner Costin left dais)
A. CONDITIONAL USE REQUEST ICITYSCAPE: Consider a request for
conditional use approval to allow a building height in excess of 48' (57' 6" proposed)
within the CBD (Central Business District) for Cityscape, a proposed mixed-use
development consisting of 34,000 square feet of retail floor area and 75 residential
condominiums, located at the northwest corner of N.E. 5th Avenue (southbound
Federal Highway) and N.E. 3rd Street. (Quasi-Judicial Hearing) (Approved, 4-0;
Commissioner Costin filed Conflict ofInterest and left dais)
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B. CONDITIONAL USE REQUEST/THE STRAND: Consider a request for
conditional use approval to allow the density to exceed 30 units per acre (42.7 dwelling
units per acre proposed) and a building height in excess of 48' (57' 7" proposed) within
the CBD (Central Business District) for The Strand, a proposed mixed-use development
consisting of 134 residential units and 28,820 square feet of combined office, retail, and
restaurant space, located on the north and south sides of S.E. 1st Street, between S.E. 3rd
Avenue and the Florida East Coast Railroad (FEC). (Quasi-Judicial Hearing)
(Approved, 5-0)
C. WAIVER REQUEST/ATLANTIC PALMS: Consider a waiver request to waive
Land Development Regulations (LDR) Section 6.1.2(C) (3) (a), "Paving Widths",
6.1.3(B)(3), "Separation", and 6.1.4(C) (3) (b), "Location", for Atlantic Palms pursuant to
LDR Section 2.4.7 (B) (5), "Findings". (Quasi-Judicial Hearing) (First motion to
approve waiver to LDR Section 6.1.2(C)(3)(a); Approved, 5-0. Second motion to approve
waiver to LDR Section 6.1.3(B)(3); Approved, 5-0. Third motion to approve waiver to LDR
Section 6.1.4(C) (3) (b); Approved, 5-0)
D. SCHOLARSHIP AGREEMENT/SAINT PATRICK'S DAY EVENTS, INC.:
Consider approval of a Scholarship Agreement with Saint Patrick's Day Events, Inc. to
establish a scholarship fund for eligible Youth Council members. (Approved, 5-0)
E. AMENDMENT NO. 1 TO THE MANAGEMENT AND SUBLEASE
AGREEMENTS/THE FRIENDS OF SANDOWAY HOUSE NATURE
CENTER,INC.: Consider approval of Amendment No.1 to both the Management
Agreement and the Sublease Agreement with The Friends of Sandoway House Nature
Center, Inc. to include repair and maintenance of the HV AC system. (Motion to approve
Amendment No.1 to the Management Agreement and the Sublease Agreement; Approved, 5-0)
F. SPECIAL EVENT REQUEST /LYMPHOMATHON: Consider approval of the
1st Lymphomathon sponsored by the Lymphoma Research Foundation to be held on
April 17, 2005 from 8:00 a.m. until 2:00 p.m., including temporary use permit per LDR
Section 2.3.6(H) for the use of Anchor Park and City right-of-way along A-l-A from
Casurina to George Bush Boulevard, waiver of parking fees, and staff support for
security /traffic control, barricading, signage, and set up / use of the small stage;
contingent upon specified conditions contained in 1/26/05 memo and the sponsor
providing liability insurance and a hold harmless agreement. (Motion to approve subject
to staff conditions, Approved, 5-0)
G. AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT WITH THE
COMMUNITY REDEVELOPMENT AGENCY (CRA)/LANDSCAPING
IMPROVEMENTS/N.E. 3RD AVENUE: Consider approval of Amendment No.1
to the Interlocal Agreement between the City and the Community Redevelopment
Agency (CRA) to provide that the CRA shall increase its contribution amount not to
exceed $43,967.00 to fund the landscaping and irrigation improvements for the N.E. 3rd
Avenue Beautification drainage areas. (Approved, 4-0; Mayor Perlman filed Conflict of
Interest, left dais, and passed the gavel to Vice-Mayor McCarthy)
H. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
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1. SPECIAL EVENT REQUEST/CELEBRATE THE SOUL OF DELRAY 2005:
Approve a special event request for the 5th Annual "Celebrate the Soul of Delray" event
to be held on Sunday, March 5, 2005 from 10:00 a.m. to 9:00 p.m., including a
temporary use permit per LDR's Section 2.4.6(H) for use of Atlantic Avenue right-of-
way from Swinton Avenue to NW /SW 5th Avenue, use of Tennis Center parking lot
and Clubhouse, use of the large covered City stage; provide staff support for security
and traffic control, barricade set up, trash clean up/removal, EMS services, use of City
trash containers and signage; contingent upon sponsor providing certificates of liability
insurance, liquor liability insurance, and a hold harmless agreement. Staff recommends
denial. (Motion to approve subject to staff conditions, Approved, 5-0; Mayor Perlman
returned to dais)
J. PROPOSAL FOR SETTLEMENT IN LEVY v. CITY OF DELRAY BEACH:
Consider a Proposal for Settlement in the amount of $7,500.00 in Levy v. City of Delray
Beach. Staff recommendation is denial. (Motion to approve the settlement; Settlement
denied, 5-0)
K. 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). (Appointed Greta Britt and approved, 5-0)
L. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) member to the Parking Management Advisory Board to
represent the Atlantic Avenue Corridor between Swinton Avenue and Interstate 95 for
an unexpired term ending January 31, 2006. Based upon the rotation system, the
appointment will be made by Commissioner Costin (Seat #1). (Appointed Jeannette
Dobson and approved, 5-0)
M. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint
one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5). (Appointed Paul Zacks and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 7-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) Appendix "A",
Section 4.3.4(K), "Development Standards Matrix", and Section 4.4.6, "Medium
Density Residential (RM) District", modifying the development standards in
conjunction with the implementation of the Southwest Area Neighborhood
Redevelopment Plan. If passed, a second public hearing will be scheduled for February
15,2005. (Approved, 5-0)
B. ORDINANCE NO. 77-04: City initiated amendment to Land Development
Regulations (LDR) enacting Article 8.5, "Public Art", to establish a public art program.
(Approved, 5-0)
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C. ORDINANCE NO. 4-05: An ordinance amending Chapter 135, "Abatement of
Nuisances", Section 135.10, "Definitions", to comply with the updated Florida Statute
893.138. (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.
12. FIRST READINGS:
A. ORDINANCE NO. 8-05: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the
Code of Ordinances by enacting a new subsection 96.16(B)(6) to clarify that prior
verification of fire alarms is prohibited. If passed, a public hearing will be scheduled for
February 15, 2005. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 28, 2005
****** Meeting adjourned at 8:08 p.m. ******
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