09-09-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, September 9, 2005
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (.~61) 243-3774
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
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual wffi be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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.
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.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportumty to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 CIIDD), 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.
2.
3.
4.
ROI.I- C~I.I. (Commissioner Costm absent)
INVOCATION.
PLEDGE OF AI.I.EGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted the addition of Item 8.R.8, Purchase award/Scoreboard
Enterprises and Item 8.T, Resolution No. 61-03, to the agenda by addendum; Item 9.B, Conditional Use
Request/Cottage Preschool, granted a six-month extension due to a request by the applicant; Items 9.D,
Conditional Use Request/Excel Restaurant, and 9.F, Appeal of Site Plan Review and Appearance Board
Decision/Borton Motors, pulled until October 7, 2003 due to requests from the applicants; Item 9.H,
Special Event Request/Hoops 4 All, withdrawn from the agenda due to a request from the applicant;
Item 8.A, Final Plat Approval/Ocean City Lofts, moved to the Regular Agenda as Item 9.A.A.; Item
8.Q, MacArthur Grant Renewal, moved to Regular Agenda as Item 9.A.A.A.; and Item 9.I, C. Spencer
Pompey Sculpture, moved up as Item 9.A.A.A.A.; Approved as amended, 4-0)
APPROVAL OF MINUTES:
August 19, 2003 - Regular Meeting (Approved, 4-0)
August 26, 2003 - Spec'ml Meeting (Approved, 4-0)
PROCLAMATIONS:
Recognizing and Commending the Delray Beach Ocean Rescue Competition Team
Sickle Cell Awareness Month - September 2003
PRESENTATIONS:
A. "Delray Beat" - Dr. Neil Fried
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. (MOVED TO ITEM 9.A.A ON THE REGULAR AGENDA)
ACCEPTANCE OF EASEMENT DEED/MALLORY SOUARE: Approve and
accept an easement deed from Mallory Square Delray, Ltd. for the maintenance of a
sidewalk along S.E. 4~ Street and S.E. 6~h Avenue.
C. GRANTING OF UTILITY EASEMENT DEED/FLORIDA POWER AND
LIGHT: Approve a utility easement granting to Florida Power and Light a 10 foot
utility easement over City owned property adjacent to the Florida East Coast Railway,
north of S.E. 4th Street for the Tropical Awning development project.
RESOLUTION NO. 57-03: Approve Resolution No. 57-03 abandoning Green
Parkway right-of-way, located between Lmton Boulevard and Black Olive Boulevard,
900' east of Homewood Boulevard, resets/rog an easement for utilities.
09-09-2003
ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and
accept a hold harmless agreement for improvements placed within a utility
easement between the City and the Pines of Delray Homeowners' Association
for Green Parkway.
RESOLUTION NO. 58-03: Approve Resolution No. 58-03 supporting the Beach
Renourishment Project.
RESOLUTION NO. 59-03: Approve Resolution No. 59-03 supporting electronic
notice publication.
RESOLUTION NO. 60-03: Approve Resolution No. 60-03 assessing costs for
abatement action requh:ed for the emergency board-up of an unsafe structure located at
3336 Avenue Villandry.
SERVICE AUTHORIZATION NO. 17.1/MATHEWS CONSULTING. INC.:
Approve Service Authorization No. 17.1 to Mathews Consulting, Inc. in the amount of
$18,000.00 for the design of intersection improvements at West Atlantic Avenue and
N.W. 24~h Avenue. Funding is available from 334-6120-S19-31.90 (Other Professional
Services).
SERVICE AUTHORIZATION NO. ll/CH2MHILL. INC.: Approve Service
Authorization No. 11 to CH2MHILL, Inc. in the amount of $28,784.00 for design and
permitting of the Aquifer Storage and Recovery (ASR) rehabilitation and pump
replacement project. Funding is available fi:om 441-5122-536-31.30
(Engineering/Architectural).
CHANGE ORDER NO. 1/FINAL PAYMENT/REPUBLIC
CONSTRUCTION AND DEVELOPMENT CORPORATION. INC.: Approve
Change Order No. 1 in the amount of a $955.36 decrease, and £tnal payment in the
amount of $3,991.93 to Republic Construction and Development Corporation, Inc. for
the completion of the Beach Lifeguard Towers Phase 1 project. Funding is available
fi:om 334-6112-519-62.14 (General Construction Fund/Beach Towers)
PALM BEACH COUNTY INTERLOCAL AGREEMENT: Approve an
interlocal agreement with the Palm Beach County Board of County Commissioners for
the reimbursement of funds to the City in an amount not to exceed $206,000.00 for the
Southwest Area Improvements Phase II Project.
HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
Housing Rehabilitation grant/contract awards through Community Development
Division in the amount of $12,967.50 to Preston Construction (338 N.W. 12~h Avenue)
and $13,314.00 to South Florida Construction (244 S.W. 5th Avenue). Funding is
available from 118-1924-554-49.19 (SHIP Housing Rehabilitation Grant).
FY 2004 GOLF RATES/LAKEVIEW GOLF COURSE: Approve the proposed
FY 2004 maximum golf rates for the Lakeview Golf Course.
09-09-2003
FY 2004 GOLF RATES/MUNICIPAL GOLF COURSE: Approve the proposed
FY 2004 maximum golf rates for the Municipal Golf Course.
FY 2004 TENNIS RATES/TENNIS CENTER: Approve the proposed FY 2004
maximum tennis rates for the Tennis Center.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 18, 2003 through September 5, 2003.
(MOVED TO ITEM 9.A.A.A ON THE REGULAR AGENDA)
AWARD OF BIDS AND CONTRACTS:
Purchase award to Don Reid Ford, Inc. in the amount of $48,418.00 via the
Florida Sheriffs Association and Florida Association of Counties Bid for the
purchase of two (2) utility body trucks for the Environmental Services
Department. Funding is available from 441-5143-536-64.20 and 441-5144-536-
64.20 (Automotive).
Purchase award to Rayside Track & Trailer in the amount of $16,330.00 for the
purchase of two (2) truck mounted hydraulic hoist for two (2) utility body
trucks. Funding is available from 441-5143-536-64.90 and 441-5144-536-64.90
(Other Machinery/Equipment).
Purchase award to the Cues Corporation in the amount of $46,500.00 for the
purchase of a sanitary sewer main line and lateral camera system for the
Environmental Services Department. Funding is available from 441-5141-536-
64.90 (Other Machinery/Equipment).
Purchase award to Sander's Company, Inc. in the amount of $26,175.00 for the
purchase of a dry pit submersible pump for Lift Station 50. Funding is available
from 441-5144-536-64.90 (Other Machinery/Equipment).
Purchase award to Nortrax in the amount of $17,195.00 for the purchase of a
hydraulic broom attachment for the Construction Division backhoe loader.
Funding is available from 441-5145-536-64.90 (Other Machinery/Equipment).
Lease award to Ikon Office Solutions in the total amount of $29,236.68 over a
three (3) year term via the Miami-Dade Contract #143-BB05 for the lease of a
Canon Image Runner 105 Digital Copier for the City Clerk Department.
Funding is available from 001-1411-512-44.30 (General Fund/Equipment).
Purchase award to A2000 Network Solutions, Mission Critical Systems, Inc. and
CompUSA in the total amount of $52,242.00 via State Contracts #250-000-03
and #250-000-03-1 for an intrusion detection system for the MIS Department.
Funding is available from 334-6112-519-66.10 (General Renewal & Replacement
Fund) and various line items in MIS budget (001-1811-513).
Purchase award to Scoreboard Enterprises in the amount of $18,980.00 for
scoreboards for Miller Park. Funding is available from 115-4910-572-64.90
(Other Machinery / Eqnipment).
09-09-2003
PERMIT AND HOII} HARMLESS AGREEMENT/GARY AND AIJ.ISON
ELIOPOULO$: Approve a permit and hold harmless agreement between the City
and Gary & Allison Eliopoulos regarding the moving of the Amelung House along
public rights-of-way and the repair and/or replacement of landscaping, signs, and curbs.
RESOLUTION NO. 61-03: Approve Resolution No. 61-03 supporting the
kindergarten through eighth grade expansion of the Village Academy School.
REGULAR AGENDA:
DELRAY BEACH MARINA RATES: Consider approval of a proposed rate
increase to forty-five cents per foot per day for use of the municipal marina facilities.
(Approved, 4 0)
A.A.
FINAL BOUNDARY PLAT APPROVAL/OCEAN CITY LOFTS: Approve
the boundary plat for Ocean City Lofts, located at the southeast comer of N.E. 2na
Street and N.E. 4th Avenue and on the west side of N.E. 4th Avenue, 100 feet south
of N.E. 2nd Street. (Approved, 3 0; Commissioner Levinson fried Conflict of Interest)
A.A.A.
MACARTHUR GRANT RENEWAL: Approve and ratify the renewal of the
MacArthur Foundation grant in the amount of $150,000.00 for a two (2) year period
in support of the NW/SW Management Team. (Approved, 4-0)
A.A.A.A. C. SPENCER POMPEY SCULPTURE; Consider a request for the C. Spencer
Pompey Bust to be permanently displayed in the City Hall Lobby. (Approved, 4-0)
CONDITIONAL USE REOUEST/COTTAGE PRESCHOOL: Consider a
request for conditional use approval to allow the establishment of a child care facility
within the RM (Multiple Family Residential-Medium Density) zoning district for the
Cottage Preschool, to be located at the northeast comer of south Swinton Avenue and
S.E. 3'd Street. (Qnasi-Jncl/cialHeat~g) (PULLED due to a request by the applicant for
a six-month extension)
CONDITIONAL USE REOUEST/SAFE AND SECURE: Consider a request for
conditional use approval to allow the establishment of a self storage facility and a
wholesale storage fa(Rity for Safe and Secure, located on the west side of North Federal
Highway, approximately 890 feet south of Gulfstream Boulevard. (QaaM-JudiciM
Hearing) (Approved, 4-0)
CONDITIONAL USE REOUEST/EXCEL RESTAURANT: Consider a request
for conditional use approval to allow the establishment of a 24-Hour or Late Night
Business to be located within 300 feet of residentially-zoned property for Excd
Restaurant, to be located within the Linton Square Shopping Center at the northeast
comer of Lmton Boulevard and Congress Avenue. (Quasi-Judicial Heating)
(PULLED until October 7, 2003 Commission Meeting due to a request by applicant)
09-09-2003
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/IRONv~OOD PROPERTIES. INC.: Consider an appeal of a
decision of the Site Plan Review and Appearance Board's action regarding Mallory
Square, located on the south side of S.E. 3rd Street, between S.E. 5th Avenue and S.E. 6e~
Avenue. (Quasi-Judicial Hearing) (Motion to approve the appeal; Appeal denied, 4-0)
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BORTON MOTORS: Consider an appeal of a decision of the Site
Plan Review and Appearance Board's action regarding a site plan modification request
for Borton Motors, located on the east side of North Federal Highway, south of
Gulfstream Boulevard. (Quasi-Judicial Heating) (PULLED until October 7, 2003
Commission Meeting due to a request from the applicant)
REQUEST FOR IN-LIEU PARKING SPA(3E$/TAPA$ RESTAURANT:
Consider a request by Tapas Restaurant for the purchase of four (4) in-lieu parking
spaces in the amount of $24,000.00. Tapas is located at 8 East Atlantic Avenue.
(Quasi-JudicialHeaffng) (Approved, 4-0)
SPECIAL EVENT REOUEST/HOOPS 4 ALL: Consider approval of a special
event request to allow the "Hoops 4 All, 3 on 3" event sponsored by A & Associates
and the Police Athletic League to be held October 25 and 26, 2003, from 9:00 a.m. until
4:00 p.m.; granting a temporary use permit per LDR Section 2.3.6(I-1) for the closure of
Atlantic Avenue from N.W./S.W. 1s~ Avenue to N.W./S.W. 5e' Avenue as well as the
western portion of the Tennis Center parking lot, and staff support for traffic control
and security, EMS assistance, trash clean up/removal, and bleacher set up; contingent
upon sponsor providing a hold harmless agreement and a certificate of liability.
(~7ITHDRAWN by the applicant)
(MOVED TO ITEM 9.A.A.A.A ON THE REGULAR AGENDA)
AWARD OF CONTRACT/LAW ENFORCEMENT SYSTEMS. INC.: Consider
approval of a contract between the City of Delray Beach and Law Enforcement
Systems, Inc. for the collection of backlogged parking citations and associated fees for a
term of three (3) years with two (2) one (1) year renewals. (Approved, 4-0)
LAKE WORTH DRAINAGE DISTRICT: Consider a request authorizing the
Mayor to execute a letter requesting the Lake Worth Drainage District to annex
properties on N.W. 18~ Avenue for adequate provision of flood protection. (Approved,
4-0)
PROPOSAL FOR SETTLEMENT IN PETRAGLIA v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $1,000.00 in Petraglia v.
City of Delray Beach. (Motion to approve the settlement; Settlement denied, 4-0)
PROPOSAL FOR SETTLEMENT IN FLORIDA BLACKTOP v. CITY OF
DELRAY BEA(~H: Consider a Proposal for Settlement in the amount of $750,000.00
in Florida Blacktop v. City of Delray Beach. Staff recommendation is denial. (Moron to
approve the settlement; Senlemcnt denied, 4 0)
09-09-2003
N. ADULT ENTERTAINMENT AND ALCOHOLIC BEVERAGE
10.
ESTABLISHMENTS: Provide direction to staff regarding Land Development
Regulations (LDR) and Code of Ordinance amendments for adult entertainment and
alcoholic beverage establishments. (Motion to initiate changes in the Land Development
Regulations and Code of Ordinances; Approved, 4-0)
RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Ratify the appointment of Mark Krall as the Planning and
Zoning Board representative on the Parking Management Advisory Board for a term
ending August 31, 2005. (Approved, 4-0)
APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appt;mt one
(1) alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2005. Based upon the rotation system, the appc~mtment will be made by
Mayor Perlman (Seat #5). (Appointed Mark Behar as an alternate member and approved, 4-
0)
PUBLIC HEARINGS:
ORDINANCE NO. 23-03: City initiated Future Land Use Map (FLUM) Amendment
from LD (Low Density Residential 0-5 du/ac) to CF-C (Community Facilities-
Churches) and rezoning from R-I-AA (Single Family Residential) to CF (Community
Fac'titles) for a 0.81 acre portion of the Trinity Lutheran Church Property, located at
the northwest comer of Lake Ida Road and Swinton Avenue. (Quasi-Judicial
Hearing) (Approved, 4-0)
RESOLUTION NO. 54-03 .(TENTATIVE MII.I.&GE LEVY).: A resolution
tentatively 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 2004. (Approved, 4-0)
RESOLUTION NO, 56-03 {TENTATIVE MII.I.&GE LEVY/DDA): A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Delray Beach for FY2004. (Approved, 4-0)
RESOLUTION NO. 55-03 (TENTATIVE BUDGET ADOPTION FOR FY
2004): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Deh:ay Beach for the period October 1, 2003
through September 30, 2004. (Approved, 4-0)
ORDINANCE NO. 27-03: An ordinance mending Chapter 32, "Departments,
Boards, and Commissions", of the City Code of Ordinances by enacting Sections 32.45-
32.S0 establishing the Nd~ghborhood Advisory Council. (Approved, 4-0)
09-09-2003
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
12.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 28-03: Privately initiated Future Land Use Map (FLUlVo
Amendment from LD (Low Density Residential 0-5 du/ac) to CF-C (Community
Facilities- Churches) for a 4.13 acre parcel of land and rezoning from R-l-AA (Single
Family Residential) to CF (Community Facilities) for a 0.795 acre parcel of land, located
on the north side of N.E. 6th Street between N.E. 8th Avenue and Palm Trail for St.
Vincent's Ferret Church. If passed, a quasi-judicial public hearing will be scheduled for
September 23, 2003. (Approved, 4-0)
ORDINANCE NO. 29-03: An ordinance adopting and enacting a new City Code of
Ordinances as reprinted and codified by the Municipal Code Corporation. If passed, a
public heating will be scheduled for September 23, 2003. (Approved, 4-0)
ORDINANCE NO. 30-03: 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 2.2% for FY 2004. If passed, a public hearing will
be scheduled for September 23, 2003. (Approved, 4-0)
ORDINANCE NO, 31-03: An ordinance mending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by mending Section 53.130, "User Charges; '¢(/holesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of .09 cents
per 1,000 gallons for treatment costs. If passed, a public hearing will be scheduled for
September 23, 2003. (Approved, 4-0)
ORDINANCE NO. 36-03: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", of the City Code of Ordinances to
increase the contribution requirement for general employees from zero to 2% of their
basic compensation. If passed, a public hearing will be scheduled for September 23,
2003. (Approved, 4-0)
ORDINANCE NO. 35-03: An ordinance mending Chapter 117, "Landlord
Permits", of the City Code of Ordinances by amending Section 117.02, "Permit Fees"
to provide for a $15.00 increase in landlord permit fees. If passed, a public hearing will
be scheduled for September 23, 2003. (Approved, 4-0)
09-09-2003
13.
14.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting closed at 8:30p.m. for Closed Attorney~Client Session ~*
CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of
Rectory Park, L.C.v. the City of Delray Beach, Florida.
Attendees:
Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jon Lev'mson
City Attomey Susan Ruby
Attorney Henry Handler
A certified court reporter
Purpose:
Discuss settlement negotiations and strategy rehted to litigation
expenditures in the above case.
POSTED: 8EPTEMBER 5, 2003
09-09-2003