11-18-03 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, November 18,
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.
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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 auxilial3; aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
pr%ram, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) 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 o£ Item 9.A.1, Reconsideration o£ the City
Commission's Decision/Excel Restaurant, to the agenda by addendum. Commissioner Levinson
requested Item 8.G, Utility Improvement Agreement/City Center Development, L.L.C., be moved to
the Regular Agenda as Item 9.A.1.1; Agenda approved as amended, 5-0)
APPROVAL OF MINUTES:
November 4, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing and commending Delray Medical Center
Recognizing and commending Jewish War Veterans Ladies Auxiliary National President
- Emma-Lou Rosenstein
PRESENTATIONS:
Site Plan Reviexv and Appearance Board (SPRAB) Axvards
City of Delray Beach Residents' Academy Certificates -Janet Meeks
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
FINAL BOUNDARY PLAT APPROVAL/HERITAGE CLUB: Approve the
boundary plat for Heritage Club (a.k.a. Park Place Townhomes), located on the south
side of S.E. 10~ Street between Federal Highway and Old Dixie Highway.
B. ACCEPTANCE OF EASEMENT DEEDS/TOWNPLACE AT DELRAY:
Approve and accept easement deeds from David Stern and Savion Developers, L.L.C.
for the maintenance of a sidexvalk along N.E. 6~ Avenue.
FLORIDA EAST COAST RAILWAY COMPANY (FEC)/ATLANTIC
AVENUE CROSSING: Approve payment in the amount of $45,453.57 to the
Florida East Coast Railxvay Company for reconstruction of the East Atlantic Avenue
crossing. Funding is available from 334-3162-541-61.17 (General Construction
Fund/Street Reconstruction).
RESOLUTION NO. 77-03: Approve Resolution No. 77-03 supporting expansion of
the membership of the Palm Beach Metropolitan Planning Organization (MPO) to
include voting representatives for Greenacres, Royal Palm Beach, and Wellington.
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E. LICENSE AGREEMENT/WORLDWIDE ENTERTAINMENT, INC:
Approve a license agreement bet~veen the City of Delray Beach and World,vide
Entertainment, Inc. for events to be held at the Delray Stadium.
AGREEMENT/VILLAGE FOUNDATION: Approve an agreement bet~veen the
City and the Village Foundation, Inc. in the amount of $52,130.00 for a partnership
~vith the Delray Beach Parks and Recreation Department for teen programming at
Pompey Park. Funding is available from 001-4127-572-83.01 (Parks & Recreation/C.S.
Pompey Recreation Facility/Other Grants and Aids).
MOVED TO REGULAR AGENDA AS ITEM 9.A.l.1
CHANGE ORDER NO. 2/REED LANDSCAPING, INC.: Approve Change
Order No. 2 in the amount of a $43,426.16 decrease to Reed Landscaping, Inc. for the
Lake Ida Road Beautification Project. Funding is available from 119-4151-572-63.20
(Beautification Trust Fund/Landscaping/Beautification).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Devdopment Boards for the period
November 3, 2003 through November 14, 2003.
AWARD OF BIDS AND CONTRACTS:
Purchase a~vard to Otto Industries Systems in the amount of $23,444.00 for the
purchase of garbage carts ~vith lids as a sole source purchase. Funding is
available from 433-3711-534-49.35 (Sanitation/Cart Rene~val and Replacement).
REGULAR AGENDA:
A.1. RECONSIDERATION OF THE CITY COMMISSION'S DECISION/EXCEL
A.I.1.
RESTAURANT: The applicant is requesting a reconsideration of the City
Commission's denial of the conditional use request to allo~v the establishment of a 24-
Hour or Late Night Business to be located ~vithin 300 feet of residentially-zoned
property for Excel Restaurant, to be located ~vithin the Linton Square Shopping Center
at the northeast corner of Linton Boulevard and Congress Avenue. (Motion to
reconsider City Commission's decision; Denied, 3-2; Mayor Perlman, Commissioner Costin,
and Commissioner Levinson dissenting)
UTILITY IMPROVEMENT AGREEMENT/CITY CENTER
DEVELOPMENT, L.L.C.: Approve a utility agreement bet~veen the City and City
Center Development, L.L.C., developers of Ocean City Lofts, in the amount of
$59,970.00 for the installation of utility improvements (sanitary server, drainage, and
reclaimed ~vater) on N.E. 4~ Avenue. Funding is available from 441-5181-536-65.96
(Reclaimed Water Transmission), 442-5178-536-63.51 (Sanitary Sewer Upgrades), and
448-5461-538-65.81 0N.E. 4~ Avenue). (Approved, 4-0; Commissioner Levinson filed
Conflict of Interest)
11-18-2003
A. REQUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT
AGENCY: Consider a request from the Community Redevelopment Agency (CRA) to
~vaive the interest and administrative fees in the amount of $3,547.03 assessed for
abating nuisances on property located at 222 S.W. 3~a Avenue. The Community
Redevelopment Agency is prepared to pay the remaining lien of $2,313.60. Staff
recommends approval. (Approved, 4-0; Mayor Perlman passed the gavel due to Conflict of
Interest)
REQUEST TO REDUCE LIENS/ARSALI: Consider a request from Mr. Nicholas
Arsali to waive the interest and administrative fees totaling $3,443.38 assessed for
abating nuisances on propert3~ located at 231 N.W. 8~ Avenue. Mr. Arsali is prepared to
pay the Cit3~'s out-of-pocket expenses in the amount of $7,329.90. Staff recommends
approval. (Approved, 5-0)
REQUEST TO REDUCE LIENS/ROBINSON: Consider a request from Ms.
Jacqueline Robinson to ~vaive the interest and administrative fees totaling $1,156.06
assessed for abating nuisances on property located at 45 S.W. 13~ Avenue. Ms.
Robinson is prepared to pay the City's out-of-pocket expenses in the amount of
$4,617.28. Staff recommends approval. (Approved as recommended by staff, 5-0)
RESOLUTION NO. 78-03: Consider approval of Resolution No. 78-03 authorizing
the Cit3~ of Delray Beach to issue Revenue Bonds not to exceed $9,685,000 for the
purpose of refinancing the City's 2002A, 2002B, and 1999 Revenue Bonds, and the cost
associated with the new library project. (Approved, 5-0)
PROPOSAL FOR SETTLEMENT IN MARTINEZ v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $5,000.00 in Martinez
v. Cit3, of Delray Beach. Staff recommends acceptance. (Approved, 5-0)
PROPOSAL FOR SETTLEMENT IN ERNESTO FIGUEROA v. CITY OF
DELRAY BEACH: Consider a Proposal for Settlement in the amount of $50,000.00
in Ernesto Figueroa v. City of Delray Beach. Staff recommends denial. (Motion to
approve the settlement; Settlement denied, 5-0)
APPOINTMENTS TO THE EDUCATION BOARD: Appoint txvo (2) stadent
members to the Education Board, one (1) for a two (2) year term ending July 31, 2005
and one (1) for a one (1) year term ending July 31, 2004. Based on the rotation system,
the appointments xvill be made by Commissioner Levinson (Seat #3) and Commissioner
McCarthy (Seat #4). (Appointed Jessica Thomas as a student member and approved, 5-0; and
appointed Charline Guillaume as a student member and approved, 5-0)
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11.
12.
H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
the follo~ving members to the Nuisance Abatement Board; t~vo (2) regular members for
unexpired terms ending March 31, 2004 and March 31, 2005 and one (1) a#ernate
member for an unexpired term ending March 31, 2005. Based upon the rotation
system, the appointments ~vill be made by Commissioner Levinson (Seat #3),
Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). (Commissioner
Levinson deferred his appointment until the December 2, 2003 City Commission Meeting.
Appointed Joe Williams as a regular member and approved, 5-0; and appointed Susan Kay as an
alternate member and approved, 5-0)
PUBLIC HEARINGS:
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). (Quasi-JudiciM Heating) (Approved subject to facts in staff report,
5-0)
ORDINANCE NO. 42-03 (SECOND READING/SECOND 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 between Stand Alone Bars. (Approved, 5-0)
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
December 2, 2003. (Approved, 5-0)
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 December 2, 2003.
(Approved, 5-0)
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.
FIRST READINGS:
NONE
11-18-2003
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: NOVEMBER 14, 2003
11-18-2003