04-05-05 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, AprilS, 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 S.AA, Delray Library Change Order
No. 42/BSA Corporation, to the Consent Agenda by addendum; the addition ofItem 9.L, Extension of
Consulting Agreement/Samuel E. Mathis, Jr., to the Regular Agenda by addendum; Revised Contract
for Item S.N, Consulting Agreement/JEG Associates, Inc.; Item 9.A, Appeal of Site Plan Review and
Appearance Board Decision/Interstate Signcrafters, was pulled from the Agenda at the request of the
applicant; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. March 15,2005 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Days of Remembrance - Holocaust
B. The League of Women Voters 85th Anniversary
C. Water Conservation Month - April 2005
D. Parkinson's Disease Awareness Month - April 2005
7. PRESENTATIONS:
A. Government Finance Officers Association - Certificate of Achievement for Excellence
in Financial Reporting
B. Delray Camera Club Awards - "South Florida Visions 2005"
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. RESOLUTION NO. 19-05/ ABANDONMENT OF EASEMENT:
Approve Resolution No. 19-05 for the abandonment of an exclusive 5' wide limited
access easement along the east property line of Lot 2, Delray Ocean Estates North,
located on the west side of Ocean Boulevard, approximately 1,240 feet south of George
Bush Boulevard.
B. RESOLUTION NO. 20-05: Approve Resolution No. 20-05 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
112 N.W. 8th Avenue.
C. RESOLUTION NO. 21-05: Approve Resolution No. 21-05 assessing costs for action
necessary to remove junked and/or abandoned vehicles from ten (10) properties
throughout the City.
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D. RESOLUTION NO. 22-05: Approve Resolution No. 22-05 assessing costs for
abatement action required to remove nuisances on four (4) properties throughout the
City.
E. ACCEPTANCE OF RIGHT-OF-WAY DEED/FITZY'S RESTAURANT:
Approve and accept a right-of-way deed associated with Fitzy's Restaurant, located at
101 S.E. 4th Avenue.
F. ACCEPTANCE OF RIGHT-OF-WAY DEED/30 S.E. 1ST AVENUE: Approve
and accept a right-of-way deed associated with 30 S.E. 1st Avenue and adjacent alleys.
G. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/CORAL
TRACE OFFICE PARK: Authorize the City to act as the utility permit applicant for
a water service connection within the state right-of-way, located on the northwest
corner of Atlantic Avenue and Coral Trace Boulevard; and approve a hold harmless
agreement with the developer (Coral Trace Office Park, LLC).
H. CHATEAU WOODS HOMEOWNERS' ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
the Chateau Woods Homeowners' Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
1. RESOLUTION NO. 18-05: Approve Resolution No. 18-05 opposing the
Community Redevelopment Agency (CRA) legislation regarding HB 1521 and SB 2060.
J. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for May 12, 2005 from 6:00 p.m.
to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure
of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side parking lane 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.
1 st Street, and authorize staff support for security and traffic control, banner hanging
and removal, barricade set-up/removal, trash removal and clean up.
K. SPECIAL EVENT REQUEST/8TH ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for the 8th Annual Downtown
Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 28 and
May 29,2005, granting a temporary use permit per LDR Section 2.4.6(H) for use of City
right-of-way on Atlantic Avenue from the west side of Bronson Avenue to the east side
of Seabreeze; and to authorize staff support for security /traffic control, waiver to allow
event signage to be installed one week prior to event with event sponsor paying all
overtime costs; contingent upon receipt of certificate of liability insurance.
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L. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW: Approve a
special event request for the Hot Air Balloon Glow to be held on May 28, 2005,
granting a temporary use permit per LDR Section 2.4.6(H) for the closure of North
Ocean Boulevard (A-i-A) on May 28, 2005 from Atlantic Avenue to the City parking
lot north of the Marriott from 4:00 a.m. to 10:00 p.m., allow beach parking lots to stay
open until 11:00 p.m. on May 28th, use of the City parking lot at the Marriott for
balloonists, and staff support for security and traffic control, barricading, and signage
preparation/ set up, and trash removal for this event.
M. SPECIAL EVENT REQUEST / A VDA 5K WALK: Approve a special event request
to allow the 8th Annual Aid to Victims of Domestic Abuse, Inc. (A VDA) 5K Walk/Run
to be held on Saturday, October 15, 2005 from 7:30 a.m. until approximately noon,
including temporary use permit per LDR Section 2.4.6(H) for the use of Anchor Park
and City right-of-way along Ocean Boulevard from Casurina to George Bush
Boulevard, waiver of parking meter fees, and staff support for traffic control,
barricading, signage, trash pick up/removal, and set up/use of the small stage;
contingent on the sponsor providing liability insurance and a hold harmless agreement.
N. CONSULTING AGREEMENT/JEG ASSOCIATES, INC.: Approve a
Consulting Agreement with JEG Associates, Inc. in the amount of $70,000.00 for
services associated with the implementation of the Southwest Area Neighborhood Plan.
The Community Redevelopment Agency (CRA) will fund $40,000.00 with the
remaining balance of $30,000.00 to be funded from year two of the MacArthur Grant.
O. SERVICE AUTHORIZATION NO. 03/SPATIAL FOCUS, INC.: Approve
Service Authorization No. 03 to Spatial Focus, Inc. in the amount of $15,150.00 for the
installation of the Map Server, development of quality control procedure, and assistance
with migrating data to new Map Server. Funding is available from 448-5411-538-31.90
(Storm Water Utility Fund/Other Professional Services).
P. CHANGE ORDER NO. 2/FINAL PAYMENT/ALMAZAN BROTHERS,
INC: Approve Change Order No.2 in the amount of $17,342.97 and final payment in
the amount of $37,043.89 to Almazan Brothers, Inc. for the Alley at Ocean City
Lumber Block 84 Water Main and Drainage and Dixie Highway/S.E. 10th Street
Drainage Improvement Project. Funding is available from 448-5461-538-65.77 (Storm
Water Utility Fund/Old Dixie Highway and 442-5178-536-63.51 (Water/Sewer Renewal
& Replacement Fund/Sewer Mains).
Q. CHANGE ORDER NO. 1!FINAL PAYMENT /CONQUEST
ENGINEERING,INC: Approve Change Order No.1 in the amount of a $1,250.93
decrease, and final payment in the amount of $8,059.60 to Conquest Engineering, Inc.
for the S.E. 7th Avenue Drainage Project. Funding is available from 448-5461-538-65.53
(Storm Water Utility Fund/S.E. 7th Avenue).
R. SERVICE AUTHORIZATION NO. P-2: Approve Service Authorization No. P-2
to CH2M Hill, Inc. in the amount of $58,300.00 for architectural and engineering
services for the Pompey Park Facility Expansion Project. Funding is available from
380-4150-572-62.61 (2004 G.O. Bond/Parks & Recreation/Pompey Park Expansion).
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S. SERVICE AUTHORIZATION NO. 1.1!CORNELL PARK/ROBERT
WALTERS ARCHITECTS, INC.: Approve Service Authorization No. 1.1 to
Robert Walters Architects, Inc. in the amount of $19,800.00 for consulting services for
the development of Cornell Park. Funding is available from 380-4150-572-63.27 (2004
G.O. Bond/Cornell Park).
T. INTERLOCAL AGREEMENT /P ALM BEACH COUNTY: Approve an
Interlocal Agreement with Palm Beach County for the engineering and construction
costs for the Florida Inland Navigational District (F.1.N.D.) Park and the Delray Harbor
Club Turn Lane Project.
U. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through the Community Development
Division in the amount of $19,845.00 to Tommy Preston (721 N.W. 4th Street) and
$21,919.00 to South Florida Construction (618 S.W. 6th Avenue). Funding is available
from 118-1963-554-49.19 (Community Development Block Grant (CDBG)
Program/Housing Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives
Partnership (SHIP) Program/Housing Rehabilitation).
V. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT: Authorize and approve subordination of the City's
second mortgage in the amount of $23,250.00 to allow the applicant to secure new
financing.
W. CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/VILA & SON
LANDSCAPING CORPORATION/FEDERAL HIGHWAY MEDIAN
BEAUTIFICATION): Approve Change Order No.1 (Contract Closeout) in the
amount of $774.50 and final payment in the amount of $5,057.52 to Vila & Son
Landscaping Corporation for the Federal Highway Median Beautification Project.
Funding is available from 119-4151-572-63.20 (Beautification Trust Fund/
Landscaping/Beautification) .
X. GRANT APPLICATION TO UNITED STATES FIRE ADMINISTRATION:
Authorize staff to submit a Fire Act Grant application to the United States Fire
Administration for funding in the amount of $83,199.00 with a 20% local match of
$20,799.00 from the City to replace the current dispatch tone alert system equipment
for the Fire Department (FY 2006 Budget).
y. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 14,2005 through April 1, 2005.
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z. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Noritsu America Corporation in the amount of $40,216.00
for the purchase, installation, and maintenance of a Noritsu Dry Digital Printer,
Remote Digital Input Terminal, and accessories for the Police Department.
Funding is available from 115-2112-521-64.11 (Special Projects Fund/Computer
Equipment).
2. Purchase award to Sensus Metering Systems in the amount of $64,999.00 for the
purchase of 500 MXU transceivers and 5,000 gel caps for Phase II of the
installation of 500 radio-read water meters in the area east of the Intracoastal.
Funding is available from 441-5161-536-52.31 (Water/Sewer Fund/Water Meter
Replacement) .
AA. DELRAY BEACH LIBRARY CHANGE ORDER NO. 42/BSA
CORPORATION: Approve the Delray Beach Library Change Order No. 42 between
the Delray Beach Library and BSA Corporation in the amount of $315,018.00 for
modifications associated with the Library Project. Funding is available from 334-3552-
571-62.10 (General Construction Fund/Buildings).
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/lNTERSTATE SIGNCRAFTERS: Consider an appeal of the Site
Plan Review and Appearance Board's decision regarding an exception to the Master
Sign Program for Subway, located at 660 Linton Boulevard. (Quasi-Judicial Hearing)
(PULLED due to a request from the applicant)
B. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING:
Consider approval of a request from Community Neighborhood Helping, Inc. to
provide $8,000.00 in seed money, which will be reimbursed to the City through a Palm
Beach County grant, for the Glory Awards 2005 to be held on May 29,2005. Funding
is available from 001-6111-519-99.03 (Manager's Contingency Fund). (Approved, 5-0)
C. LICENSE AGREEMENT/6TH ANNUAL MIDCOAST CONVENTION OF
NARCOTICS ANONYMOUS, UNINCORPORATED (MCCNA
2005)/TENNIS FACILITIES: Consider approval of a license agreement between
the City and Midcoast Convention of Narcotics Anonymous, Unincorporated for the
use of the Tennis Facilities for the 6th Annual MCCNA 2005 Event. (Approved, 5-0)
D. REQUEST FOR FUNDING/CARVER MIDDLE SCHOOL BAND: Consider
approval of a request from the Carver Middle School Band for a donation to help
support the band's trip to perform at Universal Studios in May, 2005. (Motion to
approve staff recommendation of $1,000.00 contribution; Approved, 5-0)
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E. PARKING SPACES/THE FRIENDS OF SANDOWAY HOUSE NATURE
CENTER, INC./EARTH DAY: Consider a request from The Friends of Sandoway
House Nature Center, Inc. to reserve parking spaces in the Sandoway Parking Lot to
accommodate their 3rd Annual Earth Day Event. (Motion to approve the event with staff
recommendations and waive parking fees for the day; Approved, 5-0)
F. OLD SCHOOL SQUARE PARKING GARAGE: Presentation and discussion of
revisions to the Old School Square Parking Garage Project to address event sponsor
concerns.
G. HCR MANOR CARE FOUNDATION GRANT/COMMUNITY HEALTH
IMPROVEMENT PROGRAM (CHIP): Consider approval of the application for a
non-matching grant to the HCR Manor Care Foundation in the amount of $140,875.00
to provide funding for one (1) year for a Community Health Improvement Program
(CHIP) in the Fire-Rescue Department. (Motion to approve submitting the grant
application; Approved 4-1; Commissioner Levinson dissenting)
H. INITIATION OF COMPREHENSIVE PLAN AMENDMENT Z005-01:
Formally initiate Comprehensive Plan Amendment 2005-01 pursuant to Section 9.2.1 of
the Land Development Regulations. (Approved, 5-0)
1. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
regular member to the Board of Adjustment for an unexpired term ending August 31,
2006. Based upon the rotation system, the appointment will be made by Commissioner
Archer (Seat #2). (Appointed Clifton Miller and approved, 5-0)
J. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular
member to the Civil Service Board for a two (2) year term ending April 1, 2007. Based
upon the rotation system, the appointment will be made by Commissioner Levinson
(Seat #3). (Appointed Larry Zalkin and approved, 5-0)
K. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint one (1) regular member to the Public Employees Relations Commission
(PERC) for an unexpired term ending March 13,2008. Based upon the rotation system,
the appointment will be made by Commissioner Archer (Seat #2). (Appointed Sidney
Grossman and approved, 5-0)
L. EXTENSION OF CONSULTING AGREEMENT/SAMUEL E. MATHIS,
JR.: Consider approval of an extension to the monthly consulting agreement for
Diversity Community Affairs with Samuel E. Mathis, Jr., Diversity Business Strategist
and Advisor. Funding is available from 001-1111-511-34.90 (General Fund/Other
Contractual Services). (Approved, 5-0)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 22-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR) 4.3.3(V)(2) "Uses
Involving Alcoholic Beverages", by establishing subsection 4.3.3(V) (2) (c) to provide a
method of determining eligibility for a Stand Alone Bar. If passed, a second public
hearing will be scheduled for April 19, 2005. (Approved, 5-0)
B. ORDINANCE NO. 12-05: An ordinance amending Chapter 95, "Emergency
Management", Sections 95.05 through 95.13 to provide an updated ordinance regarding
emergency management. (Approved, 5-0)
C. ORDINANCE NO. 18-05: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", Section 35.097, "Retirement Income;
Basis, Amount, and Payment", of the City Code of Ordinances to provide for an option
of a 3% multiplier. (Approved, 5-0)
D. ORDINANCE NO. 19-05: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", Section 35.089, "Definitions", of the City
Code of Ordinances to provide for a revision in the definition of "Credited Service".
(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. 23-05: Privately initiated amendment to Land Development
Regulations (LDR) Section 4.4.11, "Neighborhood Commercial (NC)", increasing the
floor area limitation for banks and financial institutions. If passed, a public hearing will
be scheduled for April 19, 2005. (Approved, 3-0; Mayor Perlman away from dais and passed
the gavel to Vice-Mayor Levinson and Commissioner Archer away from dais)
B. ORDINANCE NO. 15-05: Annexation via the provisions of the executed Water
Service Agreements for 31 parcels of land within Country Club Acres, located on the
east side of Military Trail, south of West Atlantic Avenue. If passed, a public hearing
will be scheduled for April 19, 2005. (Approved, 5-0)
C. ORDINANCE NO. 14-05: Voluntary annexation of fifteen (15) parcels of land
within Country Club Acres, located on the east side of Military Trail, south of West
Atlantic Avenue. If passed, a public hearing will be scheduled for April 19, 2005.
(Approved, 5-0)
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D. ORDINANCE NO. 20-05: City initiated amendment to Land Development
Regulations (LDR) 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 public hearing will be
scheduled for April 19, 2005. (Approved, 5-0)
E. ORDINANCE NO. 13-05: City initiated corrective Future Land Use Map
Amendment (FLUM) from CF (Community Facilities) and LD (Low Density
Residential 0-5 dwelling units per acre) in part, to LD (Low Density Residential 0-5
dwelling units per acre) and rezoning from CF (Community Facilities) to R-l-AA
(Single Family Residential) for properties generally located on the west side of S.E. 7th
Avenue, approximately 145 feet south of S.E. 2nd Street. If passed, a public hearing will
be scheduled for April 19, 2005. (Approved, 5-0)
F. ORDINANCE NO. 24-05: City Initiated amendment to Land Development
Regulations (LDR) Section 4.5.1(C)(5), "Designation Procedures", concerning the
freeze period on the issuance of permits during the Historic District designation
process. If passed, a public hearing will be scheduled for April 19, 2005. (Approved, 5-
0)
G. ORDINANCE NO. 21-05: An ordinance amending Chapter 99, "Noise Control", of
the City Code of Ordinances to provide an updated noise control ordinance referencing
current zoning districts. If passed, a public hearing will be scheduled for April 19, 2005.
(Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 1, 2005
****** Meeting adjourned at 8:00 p.m. ******
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