09-20-05 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, September 20, 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: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be at the specific request of individual City Commission members.
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 Ellis absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Revised Exhibit "A" for Item 9.L, Appointments to the
Board of Construction Appeals; Item 10.N, Ordinance No. 37-05 and Item 10.0, Ordinance No. 65-05,
will be Quasi Judicial Hearings; Commissioner Levinson requested Item 8.G, Special Event
Request/Harvest Fest, be moved to the Regular Agenda as Item 9.0; Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
. September 6, 2005 - Regular Meeting (Approved, 4-0)
. September 12, 2005 - Special/Workshop Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Walk Our Children to School Day - October 5, 2005
B. Unity in the Community Month - October 2005
C. Breast Cancer Awareness Month - October 2005
D. Put the Brakes on Fatalities Day - October 10, 2005
7. PRESENTATIONS:
A. Special Recognition Award - Christopher O'Hare, Stone Grove Memorials
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. FUNDING AGREEMENT /CHILDREN'S SERVICES COUNCIL: Approve a
funding agreement between the City of Delray Beach and Children's Services Council
(CSC) in the amount of $294,224.00 for the City's out of school program, day camps,
and summer camp programs.
B. INTERLOCAL AGREEMENT /SOLID WASTE AUTHORITY: Approve an
Interlocal Agreement between the City and Solid Waste Authority (SW A) for Municipal
Recycling.
C. RESOLUTION NO. 73-05 (REPEALING RESOLUTION NO. 86-04 /
MALKEMES PROPERTY): Approve Resolution No. 73-05 repealing Resolution
No. 86-04 which authorized the acquisition of a 3.03 acre parcel of property owned by
Mr. and Mrs. Malkemes for the expansion of Bexley Park.
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D. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special
event request to allow the Annual Halloween Day Parade to be held on October 29,
2005 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per
LDR Section 2.4.6(h) for the rolling closure of Atlantic Avenue from N.E. 1st Avenue to
Veterans Park, staff support for traffic control and security; contingent upon the receipt
of a hold harmless agreement.
E. FIRST NIGHT 2006/BUDGET: Approve the proposed budget for the First Night
2006 Event to be held on December 31,2005.
F. SPECIAL EVENT REQUEST / 6TH ANNUAL DELRAY BEACH
THANKSGIVING ART FAIR: Approve a special event request for the 6th Annual
Delray Beach Thanksgiving Art Fair to be held on November 26 and November 27,
2005 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section
2.3.6(H) for the use of N.E./S.E. 4th Avenue from N.E. 2nd Street to S.E. 2nd Street, to
utilize Hand's parking lot for vendor parking, and to authorize staff support for traffic
control, and security with sponsor paying all overtime costs; contingent upon receipt of
certificate of liability insurance.
G. (MOVED TO ITEM 9.0 ON THE REGULAR AGENDA)
H. SERVICE AUTHORIZATION NO. 1.2/PGAL, INC.: Approve Service
Authorization No. 1.2 to PGAL, Inc. in the amount of $277,370.00 for consulting
services for preparation of final construction documents for the Old School Square
Parking Garage. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks
& Recreation/Old School Square).
1. SERVICE AUTHORIZATION NO. 5/MATHEWS CONSULTING, INC.:
Approve Service Authorization No.5 to Mathews Consulting, Inc. in the amount of
$34,510.00 for engineering consulting services in conjunction with the culverting of the
Lake Worth Drainage District (LWDD) L-33 Canal across the north side of the Temple
Park property on Coral Trace Boulevard. Funding is available from 380-4150-572-63.23
(2004 G.O. Bond/Neighborhood Parks).
J. ACCEPTANCE OF PARKING DEDICATION AGREEMENT / ASTOR
CONDOMINIUMS: Approve and accept a parking dedication agreement associated
with the Astor Condominiums Class III Site Plan Modification approval, located at the
northeast corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 6, 2005 through September 16, 2005.
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L. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Time Management Systems, Inc. (TMS) in the amount of
$51,450.00 for the purchase and installation of an employee time and attendance
automated system to replace the City's manual system. Funding is available
from 334-6111-519-66.10 (General Construction Fund/General Government/
Software).
9. REGULAR AGENDA:
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION
ASSOCIATED WITH THE "LYNCH RESIDENCE": Consider an appeal of the
Historic Preservation Board's decision on the "Lynch Residence", located in the Nassau
Park Historic District at 226 South Ocean Boulevard. (Quasi-Judicial Hearing)
(Motion to approve Board Order, appeal denied, decision of the Historic Preservation Board
was upheld; Approved, 4-0)
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION /CUGINI GRILLE: Consider an appeal of the Site Plan Review and
Appearance Board's condition of approval placed on the Class I Site Plan modification
involving elevation changes for Cugini Grille, located at 270 East Atlantic Avenue.
(Quasi-Judicial Hearing) (Motion to approve Board Order and approve appeal, applicant
does not have to go back to the Site Plan Review and Appearance Board, there will be no
transoms; Approved, 4-0)
C. LICENSE AGREEMENT / AMERICA'S CITY ENTERTAINMENT, LLC:
Consider approval of a license agreement between the City and America's City
Entertainment, LLC for events to be held at the Delray Stadium. (Approved, 3-1;
Commissioner Levinson dissenting)
D. AGREEMENT /BILLBOARD RELOCATION: Consider two (2) alternative
agreements with Clear Channel Outdoor regarding the reduction of local billboards.
Staff recommends approval of the agreement that replaces eight (8) signs for four (4)
SignS. (Motion to approve the agreement that replaces eight (8) signs for four (4) signs;
Approved, 4-0)
E. AMENDED AND RESTATED CONSULTANT AGREEMENT /SAMUEL E.
MATHIS, JR.: Consider approval of the amended and restated consultant agreement
between the City and Samuel E. Mathis, Jr., Diversity Business Strategic and Advisor,
providing for continued services for a one (1) year period for Phase III of the R.A.C.E.
(Relationship between Authorities, Citizens, and Experts) Initiative and payment of
$7,00.00 per month. Funding is available from 001-1111-511-34.90 (General
Fund/Other Contractual Services). (Approved, 4-0)
F. AGREEMENT /HORSE DRAWN CARRIAGES, INC.: Consider approval of an
agreement between the City and Horse Drawn Carriages, Inc. to provide horse and
carriage rides along Atlantic Avenue as specified from November 1, 2005 through April
30,2006. (Motion to TABLE; Approved, 4-0)
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G. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of an Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA) for planning services in the amount
of $100,000.00. (Approved, 3-0; Mayor Perlman filed Conflict of Interest, passed the gavel to
Vice-Mayor Levinson, and left dais)
H. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of an Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA) for funding of Capital Projects
within the CRA District. (Approved, 3-0; Mayor Perlman filed Conflict of Interest)
1. 2005-2006 AGREEMENT /CHILDREN'S SERVICES COUNCIL/BEACON
CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL: Consider
approval of the 2005/2006 agreement between the City of Delray Beach and Children's
Services Council (CSC) in the amount of $795,547.00 for programs and services carried
out under the Beacon Center at Village Academy Elementary School. (Approved, 4-0;
Mayor Perlman returned to dais)
J. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE
COVERAGE: Consider approval of a contract award to various insurance companies
as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty
Insurance Policies effective October 1, 2005 at the estimated annual premium of
$1,507,555.00. (Motion to award contract as outlined in the blue folder for a premium of
$1,515,631.00; Approved, 4-0)
K. SPONSORSHIP /PALM BEACH COUNTY 2005 ECONOMIC SUMMIT:
Consider approval of purchasing a Marquee, Giveaway, or Session Sponsorship of the
Palm Beach County 2005 Economic Summit. Funding is available from 001-1111-511-
48.10 (General Fund/Commission Special Event Contingency Fund). (Motion to
approve a Marquee sponsorship; Approved, 4-0)
L. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint one (1) regular member to the Board of Construction Appeals for a two (2)
year term ending August 31, 2007 and one (1) regular member for an unexpired term
ending August 31, 2006. Based upon the rotation system, the appointments will be
made by Commissioner Levinson (Seat #3) and Commissioner Archer (Seat #2).
(Appointed Mark Gregory and approved, 4-0; and appointed Norman Rosenblatt and approved,
4-0)
M. CITY ATTORNEY EVALUATION. (Motion to approve 4.0% increase; Approved, 4-0)
N. CITY MANAGER EVALUATION. (Motion to approve 4.0% increase; Approved, 4-0)
O. SPECIAL EVENT REQUEST /HARVEST FEST: Approve a special event
request to hold the Annual Harvest Fest on October 22nd and 23rd, 2005 from 10 a.m. to
5 p.m. at Old School Square, to grant a temporary use permit, contingent upon staff
support for security and traffic control as determined by the Police Chief and trash
removal/site cleanup to be completed by Chamber volunteers and staff. (Approved, 3-1;
Commissioner Levinson dissenting)
09-20-2005
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 31-05 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2005-1): Consider on second reading an ordinance adopting
Comprehensive Plan Amendment 2005-1 and associated Future Land Use Map
(FLUM) amendments, Amendment 2005-1 includes:
1. Text Amendments:
a. Future Land Use Element - Modification of Policy C-2.6 to reflect
adoption of a Redevelopment Plan for Redevelopment Area #5
(Osceola Park), and that future development in this area shall be
consistent with the Plan.
b. Future Land Use Element - Modification of Policy C-l.4 to correct the
described boundaries of the North Federal Highway Corridor.
2. Future Land Use Map Amendments:
a. City initiated Future Land Use Map (FLUM) Amendment from RDA
#5 (Redevelopment Area #5) to CC (Commercial Core) in part, GC
(General Commercial) in part, MD (Residential Medium Density 5-12
du/ ac) in part and LD (Residential Low Density 0-5 du/ ac) in part, for
the Osceola Redevelopment Area, comprising of 35.6 acres and
generally located between S.E. 2nd Street and S.E. 5th Street and between
S.E. 5th Avenue and S.E. 1st Avenue.
b. City Initiated Future Land Use Map amendment from County - MR-5
(Medium Residential 0-5 du/ac) to City - LD (Residential Low Density
0-5 du/ ac) for Country Club Acres, located on the east side of Military
Trail, south of West Atlantic Avenue.
c. City Initiated Future Land Use Map Amendment from County - INST
(Institutional) to City - CF (Community Facilities) for Delray Medical
Center, located on the south side of Linton Boulevard, approximately
1,240 feet west of Military Trail. (Approved, 4-0)
B. ORDINANCE NO. 32-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated rezoning from County - AR (Agricultural Residential) to City R-l-A
(Single Family Residential) for Country Club Acres, located on the east side of Military
Trail, south of West Atlantic Avenue. If passed, a second public hearing will be
scheduled for October 11, 2005. (Approved, 4-0)
,
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C. RESOLUTION NO. 65-05/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /MICHAEL AND ROSA WYNN: Consider approval of contract to
sell City owned property, located on the south side of S.W. 2nd Street between S.W. 4th
Avenue and S.W. 5th Avenue, and Contract for Sale and Purchase between the City and
Michael and Rosa Wynn in the amount of $13,000.00; and approve Resolution No. 65-
05. (Approved, 4-0)
D. RESOLUTION NO. 70-05 (MILLAGE LEVY): A resolution levying a tax on all
properties within the City of Delray Beach for operation and maintenance, and for
payment of principal and interest on bonded indebtedness for FY 2006. (Approved, 4-0)
E. RESOLUTION NO. 71-05 (MILLAGE LEVY /DDA): A resolution levying a tax
on all properties within the Downtown Development Authority Taxing District of the
City of Delray Beach for FY 2006. (Approved, 4-0)
F. RESOLUTION NO. 72-05 (FY 2006 BUDGET ADOPTION): A resolution
making appropriations of sums of money for all necessary expenditures of the City of
Delray Beach for the period October 1, 2005 through September 30, 2006. (Approved,
4-0)
1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN:
Accept the Planning and Zoning Board's finding that the proposed Five Year
Capital Improvement Plan and FY 2006 Capital Improvement Budget are
consistent with the Comprehensive Plan, and approve same. (Approved, 4-0)
G. ORDINANCE NO. 70-05: An ordinance amending Chapter 52, "Water" of the City
Code of Ordinances by amending Section 52.34, "Water Rates", to provide for
increased residential, nonresidential, and irrigation rates for FY 2006. (Approved, 4-0)
H. ORDINANCE NO. 72-05: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates.
(Approved, 4-0)
1. ORDINANCE NO. 71-05: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rates by 3.0% for FY 2006. (Approved, 4-0)
J. ORDINANCE NO. 67-05: An ordinance amending Chapter 59, "Reclaimed Water",
of the Code of Ordinances to provide for clarification regarding the definition of
reclaimed water distribution system and reclaimed water transmission system and
changing the wholesale customer rate from $0.24 to $0.25 per 1,000 gallons. (Approved,
4-0)
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K. ORDINANCE NO. 69-05: 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. (Approved, 4-0)
L. ORDINANCE NO. 57-05 (SECOND READING/SECOND PUBLIC
HEARING): Rezoning from PC (planned Commercial) in part, and PRD (planned
Residential Development) in part, to OSR (Open Space and Recreation) for an 11.15
acre parcel of land for Bexley Park, located between Barwick Road and Military Trail
north of the L-31 Canal. (Quasi-Judicial Hearing) (Approved, 4-0)
M. ORDINANCE NO. 33-05: Annexation via the provisions of the executed Water
Service Agreements and Consent to Annexation with initial zoning of CF (Community
Facilities) for Delray Medical Center, located on the south side of Linton Boulevard,
approximately 1,240 feet west of Military Trail. (Approved, 4-0)
N. ORDINANCE NO. 37-05: City initiated rezoning from RM (Medium Density
Residential) to R-l-A (Single Family Residential) for a 5.9 acre portion of the Osceola
Park redevelopment area, generally located between S.E. 2nd Street and S.E. 3rd Street
between S.E. 2nd Avenue and S.E. 5th Avenue. (Quasi-Judicial Hearing) (Approved,
4-0)
O. ORDINANCE NO. 65-05: Voluntary annexation, small scale Future Land Use Map
(FLUM) Amendment from County HR-8 (High Residential-8 dwelling units per acre) to
City MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from
County AR (Agricultural Residential) to City RM-8 (Medium Density Residential-8
dwelling units per acre) for a 4.85 acre parcel of land known as Gramercy Square II,
located on the west side of Military Trail, approximately 710 feet south Atlantic Avenue.
(Quasi-Judicial Hearing) (Approved, 4-0)
P. BUSINESS LEASE: Consider approval of a Business Lease to the Mae V olen Senior
Center, Inc. for a period of up to one (1) year to provide transitional care for eligible
clients at the Alzheimer facility; the City will grant $1,000.00 per month for expenses.
(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:
. NONE
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 16, 2005
****** Meeting adjourned at 10:09 p.m. ******
09-20-2005
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