02-15-05 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, February 15, 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 the addition of Item 9.N, Funding Request/First Night
International Conference, to the Regular Agenda by addendum; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
· February 1, 2005 - Regular Meeting (Approved, 5-0)
· February 8, 2005 - Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Rotary International - 100th Anniversary
B. Recognizing Black History Month - February 2005
7. PRESENTATIONS:
· NONE
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. FINAL SUBDIVISION PLAT APPROVAL!I & D CORPORATION OF
SOUTH FLORIDA PLAT: Approve the minor subdivision I & D Corporation of
South Florida Plat, the property is bounded by N.W. 2nd Street and the CSX Railroad.
B. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award through the Community Development
Division in the amount of $24,517.50 to Tommy Preston (805 S.W. 3rd Street). Funding
is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG)
Program/Housing Rehabilitation).
C. RATIFICATION OF THE OLD SCHOOL SQUARE BOARD OF
DIRECTORS FOR 2005: Approve and ratify the proposed slate of Directors for the
Old School Square Board for 2005.
D. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a
request for special event approval to allow the Easter Sunrise Service to be held March
27, 2005 from 5:30 a.m. until 7:30 a.m., including a temporary use permit per LDR
Section 2.3.6(H) for the closure of South Ocean Boulevard from Atlantic Avenue to
Miramar, the use of the pavilion, staff support for traffic control, barricading, and EMS
assistance on behalf of the Delray Beach Clergy Association.
02-15-2005
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E. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special
event request to allow the 7th Annual Cinco De Mayo Fiesta to be held Saturday, May 7,
2005, from 11:00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use
permit per LDR Section 2.4.6(H) for the closure of the north end of NE 1st Avenue,
and authorize staff support for traffic control and security, trash removal, barricade set
up, signage and waiver of LD R Section 4.6.7 (F) (3) (j) (ii) to allow the installation of
event signage no earlier than April 27, 2005; contingent upon sponsor providing a hold
harmless agreement, a certificate of liability insurance, and liquor liability insurance with
conditions for serving alcoholic beverages and site fencing.
F. AGREEMENT /P ALM BEACH COUNTY /SOUTH COUNTY
COURTHOUSE GARAGE: Approve a License Agreement between the City and
Palm Beach County for the utilization of the South County Courthouse Garage on
weekend evenings.
G. AGREEMENT /PARKING PROS: Approve an agreement with Parking Pros to
operate the South County Courthouse garage on weekends. Funding is available from
001-3151-545-34.90 (General Fund/Other Contractual Services).
H. TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve the
renewal of sea turtle monitoring services with Dr. John Fletemeyer in an amount not to
exceed $14,800.00 for 2005 and $16,300.00 for 2006. Funding is available from 332-
4164-572-34.90 (Beach Restoration Fund).
1. 2002 PALM BEACH COUNTY RECREATION/CULTURAL FACILITIES
BOND-INTRACOASTAL WATERWAY PARK INTERLOCAL
AGREEMENT: Approve an Interlocal Agreement with Palm Beach County that
provides reimbursement to the City in an amount not to exceed $1,000,000.00 for
funding of the development of the Intracoastal Park Project. The City must expend
$1,152,240.00 before the County will provide reimbursement to the City from the 2002
Recreation and Cultural Facilities Bond Issue.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 31, 2005 through February 11, 2005.
K. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Overholt Construction Corporation in the amount of
$865,109.00 for the construction of the Delray Swim and Tennis Center
Clubhouse Project. Funding is available from 380-4150-572-62.60 (2004 G.O.
Bond/Delray Swim and Tennis) and 117-4133-572-63.90 (Recreation Impact
Fee/Other Improvements).
2. Purchase award to Special Products Group, Inc. in the amount of $23,060.50 via
the City of Boynton Beach Bid #062-1412-03/C]D for the purchase of
uniforms for the Fire Department. Funding is available from 001-2311-522-
52.22, 001-2313-522-52.22, 001-2315-526-52.22, and 001-2317-522-52.22
(Uniforms/Linen).
02-15-2005
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3. Purchase award to Atlantic & Southern Equipment, LLC in the amount of
$99,315.00 for the purchase of one (1) Single Axle Chassis Boom Truck for the
Water & Sewer Network Division. Funding is available from 441-5161-536-
64.25 (Water/Sewer Fund/Heavy Equipment).
4. Contract award to Hardrives, Inc. in an amount not to exceed $60,000.00 for
the excavation, hauling, and disposal of excess lime sludge from the sludge
overflow lagoon at the Water Treatment Plant. Funding is available from 442-
5178-536-65.30 (Water/Sewer Fund/Lagoon Service Drive).
5. Contract award to The Hartford for Life Insurance and CIGNA (LTD) for
Long Term Disability Insurance to be effective March 1,2005.
L. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN
ELECTION: Approve the poll workers for the First Nonpartisan Election to be held
on March 8, 2005.
M. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $17,250.00 to allow the applicant to secure new
financing.
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST /FIRST AVENUE TOWNHOMES:
Consider a request for conditional use approval to allow the density to exceed 30 units
per acre (38.8 dwelling units per acre proposed) and a building height in excess of 48'
(58' 4" proposed) within the CBD (Central Business District) for First Avenue
Townhomes, a proposed residential development consisting of 46 townhomes and
condominiums, located on the east side of S.E. 1st Avenue, approximately 76.5' south of
S.E. 1st Street. (Quasi-Judicial Hearing) (First motion to allow building height in excess
of 48' per pages 16 & 17 of staff report; Approved, 5-0. Second motion to allow density to
exceed 30 units per acre per pages 16 & 17 of staff report; Approved, 5-0)
B. WAIVER REQUEST/CONGRESS PARK OFFICE CONDOMINIUM:
Consider a waiver request to waive Land Development Regulations (LDR) Section
4.4.15(F)(3), "Development Standards", to allow that the architecture of the proposed
building not be integrated with the architecture of the other buildings in the office park
for Congress Park Office Condominium, located on the west side of South Congress
Avenue, approximately 1,000 feet south of West Atlantic Avenue. (Quasi-Judicial
Hearing) (Approved, 5-0)
C. CONDITIONAL USE EXTENSION REQUEST/SAFE AND SECURE:
Consider an extension request of the conditional use approval to allow the
establishment of a self storage facility and a wholesale storage facility for Safe and
Secure, located on the west side of North Federal Highway, approximately 890 feet
south of Gulfstream Boulevard (2512 North Federal Highway). (Quasi-Judicial
Hearing) (Approved, 5-0)
02-15-2005
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D. APPEAL OF PLANNING AND ZONING DIRECTOR'S
INTERPRETATION /RENAISSANCE INSTITUTE: Consider an appeal of the
Planning and Zoning Director's interpretation regarding acceptance of the Renaissance
Institute's Conditional Use application. (Quasi-Judicial Hearing) (Motion to approve
the appeal; DENIED, 5-0)
E. R.A.C.E. RELATIONS REPORT: Consider approval of the final report
representing Phase 1 and some of Phase 2 of the R.A.CE. Initiative as presented by
consultant, Samuel E. Mathis, Jr., Diversity Business Strategist and Advisor. (Motion to
approve staff recommendation and include Mayor and staff; Approved, 5-0)
F. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY /]EG ASSOCIATES, INC.: Consider approval of an Interlocal
Agreement with the Community Redevelopment Agency (CRA) and JEG Associates,
Inc. in the amount of $70,000.00 for services associated with the implementation of the
Southwest Area Neighborhood Plan. The CRA will fund $40,000.00 with the remaining
balance funded from year two of the MacArthur Grant. (Approved, 4-0; Mayor Perlman
filed Conflict ofInterest, left dais, and passed the gavel to Vice-Mayor McCarthy)
G. I-NET AGREEMENT / ADELPHIA CABLE COMMUNICATIONS: Consider
approval of an agreement with Adelphia Cable Communications to provide fiber optic
service to City facilities. (Consensus of the Commission to bring the agreement back to
Commission at a later date; Mayor Perlman returned to dais)
H. SERVICE AUTHORIZATION NO. 1.1/KIMLEY-HORN AND ASSOCIATES,
INC./MIKE MACHEK BOY SCOUT PARK: Consider approval of Service
Authorization No. 1.1 to Kimley-Horn and Associates, Inc. in the amount of
$44,500.00 for consulting services for the Mike Machek Boy Scout Park Project.
Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Park).
(Approved, 5-0)
1. CONSULTING AGREEMENT / ALEKSANDER GROUP, INC. AND TPC:
Consider approval of a consulting agreement with Aleksander Group, Inc. and TPC for
additional lobbying services to assist the City with State grants. (Approved as amended, 5-
0)
J. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3). (Deferred to March 1,2005)
K. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board for an unexpired term ending July 31, 2005. Based
upon the rotation system, the appointment will be made by Commissioner Archer (Seat
#2). (Appointed Linda Leib and approved, 5-0)
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L. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
two (2) regular members to the Nuisance Abatement Board for unexpired terms ending
March 31, 2005 and March 31, 2006. Based upon the rotation system, the
appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat
#1). (Appointed Greta Britt and approved, 5-0; and appointed Eileen Marks and approved, 5-
0)
M. COMMUNITY LAND TRUST (CLT) STEERING COMMITTEE: Consider
approval of the Community Land Trust (CLT) Steering Committee as recommended by
the Community Redevelopment Agency (CRA) and appoint the Commission
representative. (First motion to approve the Steering Committee as recommended by the
CRA; Approved, 4-0. Second motion to appoint Jon Levinson as Commission Liaison;
Approved, 4-0. Mayor Perlman ftied Conflict of Interest, left dais, and passed the gavel to Vice-
Mayor McCarthy)
N. FUNDING REQUEST /FIRST NIGHT INTERNATIONAL CONFERENCE:
Consider a funding request for the First Night International Conference in an amount
not to exceed $5,000.00 from the City and authorization to request funding from the
Downtown Development Authority (DDA) and the Community Redevelopment
Agency (CRA). (Approved, 5-0; Mayor Perlman returned to dais)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 7-05 (SECOND READING/SECOND 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. (Approved, 4-0; Commissioner Levinson left dais)
B. ORDINANCE NO. 6-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) 4.5.5 "Low
Density Residential (RL) District", enacting performance standards and providing for
recreational areas for multi-family developments to mitigate the impacts of additional
density from a base density of three (3) units per acre to a maximum of six (6) units per
acre and changing review of site plans from the Planning and Zoning Board to the Site
Plan Review and Appearance Board or the Historic Preservation Board. If passed, a
second public hearing will be scheduled for March 1, 2005. (Approved, 4-0)
C. ORDINANCE NO. 8-05: An ordinance amending Chapter 96 "Fire Safety and
Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", by
enacting a new Subsection 96.16(B)(6), to clarify that prior verification of fire alarms is
prohibited. (Approved, 4-0)
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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. 5-05: City initiated amendment to Land Development
Regulations (LDR) Section 6.3.3, "Sidewalk Café", to strengthen requirements to
mitigate issues and concerns identified in the Clean and Safe Committee studies of the
downtown area. If passed, a public hearing will be scheduled for March 1, 2005.
(Approved, 5-0)
B. ORDINANCE NO. 10-05: An ordinance repealing Chapter 93, "The City of Delray
Beach Cable Television Ordinance", in its entirety and replacing it with a new and
updated Chapter 93 to allow the ordinance to appropriately mesh with the proposed
franchise agreement with Adelphia. If passed, a public hearing will be scheduled for
March 1,2005. (Approved, 5-0)
C. ORDINANCE NO. 9-05: An ordinance amending Chapter 36 "Finance; City
Property Transactions", Section 36.05, "Bidding Procedures", amending Section 36.11
"Definitions", to provide that the City may use a Construction Manager At Risk
Contract on construction projects. If passed, a public hearing will be scheduled for
March 1,2005. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 11, 2005
****** Meeting adjourned at 9:39p.m. ******
02-15-2005
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