04-19-05 Agenda Results-Regular
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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RULES FOR PUBLIC PARTICIPATION
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
Tuesday, April 19, 2005 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is en titled 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 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 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. (Commissioner Archer absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Approved, 4-0)
5. APPROVAL OF MINUTES:
· March 31, 2005 - Organizational Meeting (Approved, 4-0)
· April 5, 2005 - Regular Meeting (Approved, 4-0)
· April 12, 2005 - Special Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Recognizing Uriel Neto, Assistant State Attorney
B. Nurses Day, May 6, 2005
C. Civility Month - May 2005
7. PRESENTATIONS:
A. "Spotlight on Education" - Frank Little, Director Delray Vocational Charter School
B. City of Delray Beach Residents' Academy Certificates - Janet Meeks
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. FINAL SUBDIVISION PLAT APPROVAL/HERITAGE CLUB REPLAT:
Approve the subdivision plat for Heritage Club Replat, a 57 lot, fee-simple, townhouse
development, located on the south side of S.E. 10th Street, approximately 330' west of
southbound Federal Highway.
B. FINAL SUBDIVISION PLAT APPROVAL/TROPIC ISLES TOWNHOMES
PLAT: Approve the subdivision plat for Tropic Isles Townhomes, an 8 lot, fee-simple,
townhouse development, located on the northwest comer of Frederick Boulevard and
Avenue H.
C. FINAL SUBDIVISION PLAT APPROVAL/FIFTH AVENUE ESTATES
PLAT: Approve the minor, two (2) lot subdivision plat for Fifth A venue Estates Plat,
located on the west side ofN.W. 5th Avenue, 223 feet south ofN.W. 12th Street.
D. ACCEPTANCE OF EASEMENT /FLORIDA POWER & LIGHT COMPANY:
Approve and accept a utility easement within the Florida Power & Light property to be
used for the construction and maintenance of the Area One Reclaimed Water
Transmission Main, located south of Lake Ida Road, immediately west of the CSX
railroad.
04-19- 2005
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E. INTERLOCAL AGREEMENT /P ALM BEACH COUNTY /SWINTON
A VENUE IMPROVEMENTS: Approve an Interlocal Agreement with Palm Beach
County for reimbursement funding in an amount not to exceed $45,000.00 for the
Swinton Avenue Street Improvements Project.
F. AGREEMENT /NEW URBAN COMMUNITIES: Approve an agreement with
New Urban Communities (developer of the Atlantic Grove Project) which provides
that the City will pay the developer 50% of the cost, up to $10,000.00, for asphalt
overlay work performed on N.W. 4th Avenue between Atlantic Avenue and N.W. 1st
Street. Funding is available from 334-3162-541-61.17 (General Construction
Fund/ Street Reconstruction).
G. LOCAL AGENCY PROGRAM AGREEMENT (LAP) /FLORIDA
DEPARTMENT OF TRANSPORATION (FDOT): Approve a Local Agency
Program Agreement with the Florida Department of Transportation (FDOT) for
funding in the amount of $500,000.00 for construction costs for the West Atlantic
Avenue (10th Avenue to 6th Avenue) Beautification Project.
H. SPECIAL EVENT REQUEST / ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for June 30, 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 of Atlantic
Avenue (one lane) 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 (street closure will be from 3:00 p.m. to approximately midnight), and
authorize staff support for security and traffic control, banner hanging and removal,
barricade set-up/removal, trash removal and clean up assistance.
1. TRANSPORTATION ENHANCEMENT APPLICATION: Authorize staff to
submit applications for the Year 2005 Transportation Enhancement Application Cycle
for FY 2010-2011 funding.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 4, 2005 through April 15, 2005.
K. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Jani King Commercial Cleaning Services in the annual
amount of $36,600.00 for janitorial services for the Delray Beach Golf Course.
Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf
Course Fund/Other Contractual Services).
2. Contract award to Randolph & Dewdney Construction in the amount of
$435,185.00 for the construction of the Fire Apparatus Maintenance Building.
Funding is available from 334-6111-519-62.10 (General Construction
Fund/Buildings) .
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L. COMMUNITY OLYMPIC DEVELOPMENT PROGRAM/TENNIS
CENTER: Approve a Community Olympic Development Program at the Tennis
Center to provide a Youth Tennis Program.
9. REGULAR AGENDA:
A. RESOLUTION NO. 23-05: Consider approval of Resolution No. 23-05 approving
an Interlocal Agreement between Palm Beach County and the City providing for the
annexation of seven (7) enclaves containing forty-nine (49) parcels plus the respective
rights-of-way for Jefferson Road, Lincoln Road, and Whatley Road within Country Club
Acres, located on the east side of Military Trail, 160 feet south of Atlantic Avenue.
(Approved, 4-0)
B. AMENDED INTERLOCAL AGREEMENT /COMMUNITY
REDEVELOPMENT AGENCY: Consider approval of an Amended Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) for
engineering, landscape design, and construction administration services to improve the
coordination of projects identified in the Downtown Master Plan, CRA Plan, and
Southwest Neighborhood Plan. (Mayor Perlman declared a Conflict ofInterest, passed gavel
to Vice-Mayor Levinson and left dais; Approved, 3-0)
C. R.A.C.E. RELATIONS INITIATIVES /RECOMMENDA TIONS: Consider
approval of the Preliminary Execution of Recommendation Phase proposed for the
implementation of specific actions under the R.A.C.E. initiative and authorize the
proposed budget allocation in the amount of $90,000.00 for fiscal year 2005/06.
(Approved, 4-0)
D. INTERLOCAL AGREEMENT /P ALM BEACH COUNTY /THOROUGH
FARE PLAN: Consider approval of an Interlocal Agreement with Palm Beach County
to provide 120 days notice if the County or any municipality desires to reduce the
capacity on the roadway from the County's Thoroughfare Plan. (Approved, 4-0)
E. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31,
2005. Based upon the rotation system, the appointment will be made by Commissioner
Levinson (Seat #3). (Appointed Bryce Newell and approved, 4-0)
F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) At Large Representative to the Neighborhood Advisory Council for an
unexpired term ending October 31, 2005. Based upon the rotation system, the
appointment will be made by Mayor Perlman (Seat #5). (Appointed Patricia Westall and
approved, 4-0)
G. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members to the Education Board for unexpired terms ending July 31, 2005 and July 31,
2006. Based upon the rotation system, the appointments will be made by
Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). (Appointed
Joseph Finley and approved, 4-0. Commissioner McCarthy deferred her appointment until the
04-19- 2005
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May 3, 2005 Regular Meeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 15-05: Voluntary annexation via the provisions of the executed
Water Service Agreements for thirty-one (31) parcels of land within Country Club
Acres, located on the east side of Military Trail, south of West Atlantic Avenue.
(Approved, 4-0)
B. 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. (Approved, 4-0)
C. ORDINANCE NO. 22-05 (SECOND READING/SECOND 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.
(Approved, 4-0)
D. 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. (Approved, 4-0)
E. ORDINANCE NO. 25-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations Section 2.4.4(E),
"Expiration of Approvals", to specify that extensions of time granted pursuant to
Section 2.4.4(F) (4) shall not be deemed a previous extension. If passed, a second public
hearing will be scheduled for May 3, 2005. (Approved, 4-0)
F. 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. (Approved, 4-0)
G. 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. (Approved, 3-0; Commissioner
Levinson away from dais)
H. 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. (Approved, 4-0; Commissioner Levinson returned to dais)
04-19- 2005
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1. 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. (Approved, 4-0)
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. 26-05: An ordinance designating The Hartman House, located at
302 N.E. 7th Avenue, to the Local Register of Historic Places. If passed, a public
hearing will be scheduled for May 3, 2005. (Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 15, 2005
****** Meeting adjourned at 7:40p.m. ******
04-19- 2005
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