11-04-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, November 4, 2003
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: (561) 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 will 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.
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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.
Co
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 auxilialT aids and services to afford an indMdual 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 ¢oice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetinas in the Commission Chambers.
2.
3.
4.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted the addition of Item 9.J, Direction Regarding the Recreation
Centers, Parks and Cultural Facilities Bond Issue, to the agenda by addendum; Item 9.C, Request to
Reduce Liens/Community Redevelopment Agency, withdrawn due to a request from the CRA; Item
10.D, Ordinance No. 43-03, postponed due to a request from staff; Item 10.E, Ordinance No. 44-03,
postponed due to a request from staff; Approved as amended, 5-0)
APPROVAL OF MINUTES:
October 21, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing and commending Brittany Roxbury
Recognizing Rainberry Bay's 25th Anniversary
"Keeping the Charm Month" - November 2003
PRESENTATIONS:
A. "Spotlight on Education" -Judy Fdinek,
Achievement (AAA) Plan
B. Lights On After School Program -Joe Weldon
Director of Accelerated Academic
CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarter Annual Meeting of October 16, 2003.
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD/RESOLUTION NO. 1-03: Approve South Central Regional
Wastewater Treatment and Disposal Board's (SCRWTD) Resolution No. 1-03
modifying Resolution No. 9-81 to allow SCRWTD to retain the collected Sinking Fund
user charges rather than distributing them to the Cities of Delray Beach and Boynton
Beach.
FINAL SUBDIVISION PLAT APPROVAL/HAMILTON PLACE: Approve
the subdivision plat for Hamilton Place, located on the northeast corner of S.E. 6~
Avenue and S.E. yd Street.
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D. FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/
HAMILTON PLACE: Authorize the City to act as the utility permit applicant for the
construction of a ~vater main extension ~vithin the state right-of-~vay (located at the
northeast corner of S.E. yd Street and northbound Federal High~vay) and approve a
Hold Harmless Agreement ~vith the developer (Savion Devdopers at Park Place,
L.L.C.).
ACCEPTANCE OF EASEMENT DEED/LONE PINE ROAD: Approve and
accept an easement deed betxveen Fine Built Construction, Inc. and the Cit7 to alloxv for
the extension of a water main onto Lone Pine Road, located west of Davis Road and
just south of the northern City boundary.
RESOLUTION NO. 74-03: Approve Resolution No. 74-03 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at
2655 Dorson Way.
RESOLUTION NO. 75-03: Approve Resolution No. 75-03 assessing costs for
abatement action required to remove nuisances on twenty (20) properties throughout
the City.
RESOLUTION NO. 76-03: Approve Resolution No. 76-03 assessing costs for action
necessary to remove junked and/or abandoned vehicles from five (5) properties within
the City.
CHANGE ORDER NO. 1/FINAL PAYMENT/RPM GENERAL
CONTRACTORS, INC.: Approve Change Order No. 1 in the amount of a $310.36
decrease, and final payment in the amount of $4,545.69 to RPM General Contractors,
Inc. for completion of the Pompey Park Interior Improvements Project. Funding is
available from 334-4172-572-46.10 (General Construction Fund/Building Maintenance).
SERVICE AUTHORIZATION NO. 18/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 18 to Mathexvs Consulting, Inc. in the amount of
$126,827.00 for engineering design services regarding Area 1 of the City's reclaimed
water system. Funding is available from 441-5181-536-65.96 (Reclaimed Water
Transmission).
RESOLUTION NO. 73-03: Approve Resolution No. 73-03 authorizing the City to
purchase property for drainage retention located at Lot 14, Block B, Carver Memorial
Park (N.W. 15~ Avenue), and Contract for Sale and Purchase between the City and the
Rufus Norman Estate in the amount of $17,597.00.
11-04-2003
SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve
and endorse the Art & Jazz on the Avenue scheduled for December 11, 2003 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 S~vinton to N.E. 7th Avenue, the south side 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.
2nd Street, and authorize staff support for security and traffic control, banner hanging
and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of
City stages.
SPECIAL EVENT REQUEST/17th ANNUAL TURKEY TROT: Approve a
special event request to allow the 1T~ Annual Turkey Trot to be held on Saturday,
November 22, 2003 from 7:30 a.m. until approximately 8:30 a.m., including temporary
use permit per LDR Section 2.4.6(H) for the closure and use of A-1-A from Casurina to
George Bush Boulevard and Casurina from Gleason to A-1-A from 5:00 a.m. to
approximately 10:00 a.m., and authorize staff support for security and traffic control,
barricade set-up/removal, trash removal and clean up, use of small stage, and waiver of
parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic
Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 10:00 a.m.
CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement
between the City of Delray Beach and Chris Evert Charities, Inc. for the Chris Evert
Pro-Celebrity Tennis Classic to be held at the Tennis Center on December 6-7, 2003.
APPOINTMENT OF OUTSIDE COUNSEL ON CASES RELATING TO
MATTERS RAISED IN HOFFERT AND OTHER RELATED CASES: City
Attorney seeks approval for outside counsel on above named cases.
DEVELOPER AGREEMENT/YORK BUILDERS, INC.: Approve an
agreement between the City and York Builders, Inc. in the amount of $10,600.00 for
roadway improvements in the 1000 Block of S.W. 8~ Avenue.
REQUEST FROM THE DELRAY BEACH GARLIC FESTIVAL: Approve a
request from The Delray Beach Garlic Festival for the utilization of the parking lot
owned by Dharma Holdings, LTD., located on Block 86 for a special event (Garlic
Fest) to be held November 7, 2003 through November 9, 2003.
PAYMENT OF RETAINAGE/FLORIDA BLACKTOP: Approve payment of
retainage plus interest to Florida Blacktop. The final payment for the N.E./N.W.
project is $101,816.38; final payment for the S.E./S.W. project is $28,254.54.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Devdopment Boards for the period
October 20, 2003 through October 31, 2003.
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T. AWARD OF BIDS AND CONTRACTS:
Contract a;vard to Mora Engineering Contractors, Inc. in the amount of
$109,773.37 for the construction of approximately 1200 feet of 24 inch
reclaimed ;vater main along the ;vest side of the LWDD E-4 Canal north of
Atlantic Avenue. Funding is available from 441-5181-536-65.96 (Reclaimed
Water Transmission).
Purchase a;vard to R.B. Grove Inc. in the amount of $31,400.00 for a 100 KVA
trailer mounted generator. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment).
Purchase award to IBM Business Partner, Midrange Support and Service, Inc. in
the amount of $582,932.00 via State Contract #250-000-031 for the purchase of
txvo (2) IBM iSeries Servers, Model 9406-810. Funding is available from 334-
6112-519-64.11 and 334-6112-519-66.10 (Repair and Replacement Fund).
REGULAR AGENDA:
APPEAL OF ADMINISTRATIVE INTERPRETATION/ATLANTIC PALMS:
Consider an appeal of an administrative interpretation regarding the direction to the
Planning and Zoning Board that a site plan xvhether or not it meets the criteria under
Section 4.4.6(1) should not be considered given the nature of the development proposal
i.e.: a rezoning. (Quasi-JudiciM Hearing) (Motion to approve appeal; Appeal denied, 5-
0)
CONDITIONAL USE REQUEST/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 Excel
Restaurant, to be located within the Linton Square Shopping Center at the northeast
corner of Linton Boulevard and Congress Avenue. (Quasi-JudiciM Hearing) (Motion
to approve conditional use request subject to conditions; Denied, 5-0)
C. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT
AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to
waive liens including the interest and administrative fees in the amount of $8,435.23
assessed for abating nuisances on property located on S.W. 7~ Avenue.
(WITHDRAWN due to a request from the Community Redevelopment Agency)
SPECIAL EVENT REQUEST/CULTURAL LOOP: Consider approval for the
establishment of the Cultural Loop, the Loop kick off day, and activities proposed for
November 22, 2003 including waiver of LDR Section 4.6.7(L) to allow artwork to be
hung on light poles, grant a temporary use permit per LDR Section 2.4.6(H) to allow
the placement of art work in the Cit3T's right-of-way for up to six (6) months, and the
use of the drainage retention area at S.W. 4~ Avenue and S.W. 1~ Street for the event
day, and authorize amendment to our banner hanging agreement xvith FPL for hanging
artwork on their light poles. Staff assistance is also requested for transport of art work,
post hole digging, and hanging art~vork. (Approved subject to staff conditions, 5-0)
11-04-2003
E. SETTLEMENT OF DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) RULE CHALLENGE: Consider dropping the
Department of Environmental Protection (DEP) rule challenge regarding Rate Making
by Water Management Districts and accept the settlement language. (Approved
settlement based on language proposed, 5-0)
PROPOSAL FOR SETTLEMENT/IDA AND LOUIS BARTOLOTTA v. CITY
OF DELRAY BEACH: Consider acceptance of proposal for settlement subject to
the receipt of appropriate releases in the Ida and Louis Bartolotta v. City of Delray
Beach case. Staff recommends acceptance. (Approved, 5-0)
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regz//ar member to the Delray Beach Housing Authorit7 for a four (4)
year term ending October 27, 2007. Based on the rotation system, the appointment xvill
be made by Commissioner Costin (Seat #1). (Appointed Gary Rosen and approved, 5-0)
APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) member to the Historic Preservation Board for an unexpired term ending
August 31, 2005. Based upon the rotation system, the appointment will be made by
Mayor Perlman (Seat #5). (Appointed Jeffrey Silberstein and approved, 4-1; Commissioner
Archer dissenting)
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint (15) members and t~vo (2) s/z/den/members to the Neighborhood Advisory
Council for specified expiration dates as listed in the backup material for this agenda
item. The appointments xvill be made based on the rotation system xvith each
Commissioner appointing three (3) members, beginning xvith Commissioner Costin.
The txvo student members xvill be appointed by Commissioners Costin and Archer.
(Appointed George Braverman and approved, 5-0; appointed Sandra Keener and approved, 5-0;
appointed Robert A. Gillespie and approved, 5-0; appointed Charles Stravino and approved, 5-
0; appointed Sheldon Well and approved, 5-0; appointed Susan Kay and approved, 5-0;
appointed Karen Lustgarten and approved, 5-0; appointed Cory (Caroline) Cassidy and
approved, 5-0; appointed Mike Cruz and approved, 5-0; appointed Evelyn Dobson and
approved, 5-0; appointed Gall Lee McDermott and approved, 5-0; appointed Fred Fetzer and
approved, 5-0; appointed Harvey Starin and approved, 5-0; appointed Rim Ellis and approved,
5-0; appointed Roy Fraker and approved, 5-0; appointed student member Allison Mattocks and
approved; 5-0; appointed student member Aaron Ussery and approved, 5-0)
DIRECTION REGARDING THE RECREATION CENTERS, PARKS AND
CULTURAL FACILITIES BOND ISSUE: Commission approval of support
members of the community to promote the bond issue and direction regarding the
translation of the ballot into Creole. (Direction to staff to proceed with list and to translate
ballot into Creole)
11-04-2003
10. PUBLIC HEARINGS:
11.
ORDINANCE NO. 41-03 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Chapter 2, "Administrative Provisions", of the
Land Development Regulations by amending Section 2.4.6(H), "Temporary Use
Permit" to add horse drawn carriage rides, ice skating rink, carousel and other related
holiday/seasonal temporary uses authorized by the City Commission. (Approved, 5-0)
ORDINANCE NO. 21-03: An ordinance amending Chapter 99, "Noise Control" of
the City Code of Ordinances to clarify distance requirements for noise emanating from
vehicles and buildings; and to provide a time limit on outdoor playing of musical
instruments, phonographs and similar devices in residential zoning districts. (Approved,
5-0)
ORDINANCE NO. 42-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development
Regulations, Section 4.3.3(V) "Uses Involving Alcoholic Beverages" to provide for a
definition of alcoholic beverage that is consistent ~vith State Statutes and a distance
limitation bet~veen Stand Alone Bars. If passed, a second public hearing ~vill be
scheduled for November 18, 2003. (Approved, 4-1; Commissioner McCarthy dissenting)
ORDINANCE NO. 43-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 4, "Zoning Regulations", of the Land Development
Regulations, Section 4.3.3(AA) "Adult Entertainment Establishments" to amend the
distance limitation bet~veen any adult entertainment establishment and alcoholic
beverage establishment. If passed, a second public hearing ~vill be scheduled for
November 18, 2003. (POSTPONED)
ORDINANCE NO. 44-03 (FIRST READING/FIRST PUBLIC HEARING):
An ordinance amending Chapter 113, "Alcoholic Beverages", of the City Code of
Ordinances, Section 113.20 "Prohibition of Nudity, Partial Nudity and Sexual Conduct
at Alcoholic Beverage Establishments" to change distance limitations and include Stand
Alone Bars. If passed, a second public hearing ~vill be scheduled for November 18,
2003. (POSTPONED)
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.
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12. FIRST READINGS:
13.
ORDINANCE NO. 45-03: An ordinance rezoning from AC (Automotive
Commercial) to GC (General Commercial) for a 0.73 acre parcel of land located at the
south~vest corner of S.E. 6~ Avenue (northbound Federal High~vay) and S.E. 9~ Street
(550 S.E. 9~ Street). If passed, a quasi-judicial public hearing ~vill be scheduled for
November 18, 2003. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 31, 2003
11-04-2003