01-06-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, January 6, 2004
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.
Bo
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 auxiliary aids and services to afford an individual 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 (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 requested Item 8.C, Acceptance of Easement Deed and
Agreement for Sidewalk Improvements/John Remus Services, be pulled to January 13, 2004; Item 8.R.1,
Contract award to Beck's Towing and Recovery, moved to the Regular Agenda as Item 9.A.1;
Clarification to Item 8.R.6, Purchase award for 2004 Ford Crown Victoria police vehicle, vehicle will be
purchased from Gus Machado Ford, Hialeah, Florida; Item 9.B, Adult Arcades and Item 9.C,
Conditional Use Request/Spinners Arcade, moved to the Regular Agenda as Items 9.L and 9.M; Item
92, Appointment to the Neighborhood Advisory Council, deferred to a date certain of January 13, 2004;
Approved as amended, 5-0).
APPROVAL OF MINUTES:
December 2, 2003 - Regular Meeting (Approved, 5-0)
December 9, 2003 - Regular Meeting (Approved, 5-0)
PROCLAMATIONS:
Martin Luther King, Jr. Day-January 19, 2004
PRESENTATIONS:
A. 2003 City Golf Championship Awards - Sandra Eriksson, Director of Golf
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
FINAL SUBDIVISION PLAT APPROVAL/PORTA AL MARE: Approve the
subdivision plat for Porta al Mare, located on the west side of the 100 Block of N.E. 6~h
Avenue.
FINAL BOUNDARY PLAT APPROVAL/MERIDIAN REPEAT: Approve the
boundary plat for The Meridian Replat located on the east side of the 300 Block of S.E.
6~h Avenue.
C. ACCEPTANCE OF EASEMENT DEED AND AGREEMENT FOR
SIDEWALK IMPROVEMENTS/JOHN REMUS SERVICES: Approve and
accept a five (5) foot easement deed and approve a 151.67 foot sidewalk deferral
agreement between the City and John Remus Services for S.E. 2~d Avenue (southwest
corner of S.E. 2~d Street and S.E. 2~d Avenue). (PULLED - will come back on January 13,
2004 Regular City Commission Meeting)
-2-
01-06-2004
D. RESOLUTION NO. 3-04/ABANDONMENT OF DRAINAGE EASEMENT:
Fo
Go
Ho
Jo
Approve the abandonment of a 12 foot wide drainage easement within the plat of
Linton Center (known as Lakeview Apartments), located on the east side of S.W. 10~
Avenue, south of Linton Boulevard.
RESOLUTION NO. 4-04: Approve Resolution No. 4-04 assessing costs for
abatement action required to remove nuisances on nine (9) properties throughout the
City.
RESOLUTION NO. 1-04: Approve Resolution No. 1-04 urging members of the
Florida Legislature to support municipal issues during the 2004 Legislative Session.
RESOLUTION NO. 2-04/ICMA 457 DEFERRED COMPENSATION PLAN:
Approve Resolution No. 2-04 adopting the amended and restated Plan and Trust
document for the ICMA Retirement Corporation Section 457 Deferred Compensation
Plan effective January 1, 2004, which reflects changes in the law as a result of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).
SERVICE AUTHORIZATION NO. 9.1/CH2M HILL, INC.: Approve Service
Authorization No. 9.1 to CH2M HILL, Inc. in the amount of $19,500.00 for additional
professional engineering services related to the water use permit application and ground
water modeling project. Funding is available from 442-5178-536-31.30
(Engineering/Architectural).
CHANGE ORDER NO. 1/FINAL PAYMENT/RPM GENERAL
CONTRACTORS, INC.: Approve Change Order No. 1 in the amount of $2,592.95,
and final payment in the amount of $10,937.51 to RPM General Contractors, Inc. for
completion of the Community Teen Center Skate Park Project. Funding is available
from 117-6111-572-63.40 (Recreation Impact Fees/Recreational Improvements).
CONTRACT ADDITION/TLC DIVERSIFIED, INC.: Approve a Contract
Addition (C.O. No. 1) in the amount of $148,400.00 to the Rehabilitation of Lift
Stations 19, 57, and 80 Project to include rehabilitation of Lift Stations 27 and 33.
Funding is available from 442-5178-536-61.83 (Lift Station Conversion to Submersible).
CONTRACT CLOSEOUT/PALM BEACH COUNTY JOINT
PARTICIPATION AGREEMENT (LAKE IDA ROAD WIDENING): Approve
the joint participation agreement closeout with Palm Beach County, the total value of
work completed is $865,900.00 from the original agreement of $948,431.50, for utility
upgrades and relocation associated with the Lake Ida Road Widening project. A
balance of $82,531.50 will be liquidated from P.O. #596438 and residual funds reverting
to 441-5161-536-63.78 (Chatelane Lift Station), 441-5181-536-69.21 (Barwick/Lake Ida
Road Force Main), and 442-5178-536-65.18 (Lake Ida Road Utility Relocations).
01-06-2004
Lo
Mo
No
Oo
Po
Qo
CANCELLATION OF CONTRACT (COLE INDUSTRIAL & TECHNICAL
SUPPLY, INC.)/AWARD OF CONTRACT (FERGUSON UNDERGROUND
/HUGHES SUPPLY, INC.): Approve cancellation of the contract with Cole
Industrial & Technical Supply, Inc. for two (2) pipe fitting and accessory items due to
withdrawal of bid; and award of contracts to Ferguson Underground and Hughes
Supply, Inc., second /ovest bidders, for the items. Funding is available from various
departmental operating budgets.
GRANT CONSULTING AGREEMENT/LANGTON ASSOCIATES: Approve
a smartGRANTS Consulting Contract between the City of Delray Beach and Langton
Associates for grant writing services for a term of one (1) year.
SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special
event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 1, 2004, from
11:00 a.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per
LDR Section 2.4.6(H) for the closure of NE 1st Avenue on the north side of the
grounds of Old School Square to the loading gate area, and staff support for traffic
control and security, trash removal, barricade set up, signage and waiver of LDR Section
4.6.7 (D) (3) (j) (ii) to allow the installation of event signage on April 21, 2004; contingent
upon sponsor providing a hold harmless agreement, a certificate of liability insurance,
and liquor liability insurance with conditions for serving alcoholic beverages and site
fencing.
SPECIAL EVENT REQUEST/EAST END VOLLEYBALL TOURNAMENT:
Approve a request from East End Volleyball for the East End Volleyball Tournament
to be held at the municipal beach on March 6 and 7, 2004.
ACCEPTANCE OF COUNTY PARCELS: Consider approval and acceptance of
seven (7) vacant surplus parcels of land from Palm Beach County at no charge to the
City acquired by Palm Beach County through tax deed.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Ro
Accept the actions and decisions made by the Land Development Boards for the period
December 8, 2003 through January 2, 2004.
AWARD OF BIDS AND CONTRACTS:
1. MOVED TO REGULAR AGENDA AS ITEM 9.A.1
2.
Purchase award to the Dell Computer Corporation in the amount of ~g16,938.96
via the State of Florida Contract #250-000-03-1 for the purchase of twelve (12)
Dell OptiPlex desktop replacement terminals for the Environmental Services
Department. Funding is available from 442-5178-536-64.11 (Computer
Equipment).
-4-
01-06-2004
Purchase award to Bennington Carpet & Tile in the amount of $25,420.00 for
replacement carpeting for the Delray Beach Municipal Golf Course Clubhouse.
Funding is available from 445-4761-572-46.90 (Delray Beach Municipal Golf
Course Fund/Other Repair/Maintenance Costs) and 445-4715-572-46.10
(Delray Beach Municipal Golf Course Fund/Building Maintenance).
Contract award to Hydro Pumps, Inc. in the amount of $17,806.25 for
miscellaneous repairs on four (4) production well pumps and motors. Funding
is available from 442-5178-536-46.90 (Other Repair and Maintenance).
Contract award to Chaz Equipment in the amount of $25,254.00 via Annual
Contract No. 2002-3'7 for cementitious lining of wet wells for Lift Stations 2'7
and 33. Funding is available from 442-5178-536-61.83 (Lift Station Conversion
to Submersible).
Purchase award in the amount of $20,639.00 via the Florida Sheriff's
Association Contract #03-11-0825, Specification #3 for the purchase of a 2004
Ford Crown Victoria police vehicle. Funding is available from 501-3312-591-
64.20 (Vehicle Replacement Fund). (Clarification - vehicle will be purchased from
Gus Machado Ford, Hialeah, Florida)
REGULAR AGENDA:
AMENDMENT NO. 1/MATCH POINT, INC.: Consider approval of
Amendment No. 1 to the amended and restated agreement between the City and Match
Point, Inc. (Approved, 5-0)
A.1
Contract award to Beck's Towing & Recovery with annual franchise fees to be paid to
the City in the amount of $141,250.00 for wrecker/towing services for the Police
Department. (Approved, 5-0)
B. MOVED TO REGULAR AGENDA AS ITEM 9.L
C. MOVED TO REGULAR AGENDA AS ITEM 9.M
CONDITIONAL USE REQUEST/MONUMENT AND ORNAMENTAL
STONE CUTTING FACILITY: Consider a request for conditional use approval to
allow the establishment of a monument and ornamental stone cutting facility, located
on the west side of Congress Avenue (within the Congress Auto Center) approximately
2,300 feet north of West Atlantic Avenue. (Quasi-Judicial Hearing) (Motion to
approve conditional use request subject to conditions; Approved, 5-0)
REQUEST TO REDUCE LIENS/DURANTE REALTY: Consider a request
from Durante Realty (on behalf of new buyer) to waive the interest and administrative
fees totaling $6,236.21 assessed for abating nuisances on property located at 315 S.W.
3~ Street. Durante Realty is prepared to pay the City's out-of-pocket expenses in the
amount of $8,643.12. Staff recommends approval. (Approved, 5-0 with payment to be
paid in full in 30 days)
01-06-2004
F. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF
Go
Ho
DELRAY BEACH: Consider a Proposal for Settlement in the amount of ~g37,499.99
in Clara Outram v. City of Delray Beach. Staff recommendation is denial. (Motion to
approve the settlement; Settlement denied, 5-0)
PROPOSAL FOR SETTLEMENT/ENVIRONMENTAL PROTECTION
AGENCY (EPA): Consider a Proposal for Settlement in the amount of ~g3,370.40
(~g2,527.80 to be paid to the EPA and ~g842.60 to be paid to the City of Fort Lauderdale)
to be released from the lawsuit as a Potentially Responsible Party (PRP). Staff
recommendation is acceptance. (Approved, 5-0)
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint
three (3) regular members and one (1) alternate member to the Code Enforcement
Board for a three (3) year term ending January 14, 2007. Based upon the rotation
system, the appointments will be made by Commissioner Costin (Seat #1),
Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), and Commissioner
McCarthy (Seat #4). (Appointed Leonard Epstein as Regular Member and approved, 5-0;
appointed Glenn Schuster as Regular Member and approved, 5-0; appointed David Hawke as
Regular Member and approved, 5-0; appointed Gilda Fernandez as Alternate Member and
approved, 5-0)
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Jo
Ko
Appoint one (1) member to the Neighborhood Advisory Council for Zone One for an
unexpired term ending October 31, 2005. Based upon the rotation system, the
appointment will be made by Commissioner Levinson (Seat #3). (DEFERRED to a
date certain of January 13, 2004)
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) re£,/ar
member to the Board of Adjustment for an unexpired term ending August 31, 2004.
Based upon the rotation system, the appoinn~nent will be made by Commissioner
McCarthy (Seat #4). (Appointed Mel Pollack as regular member and approved, 5-0)
APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY
Lo
BOARD: Appoint four (4) members to the Parking Management Advisory Board for
various representations for a term ending January 31, 2006 and one (1) Citizen-at-Large
for an unexpired term ending January 31, 2005. Based upon the rotation system, the
appointments will be made by Commissioner McCarthy (Seat #4), Mayor Perlman (Seat
#5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), and
Commissioner Levinson (Seat #3). (Appointed Vannessa Grant and approved, 5-0;
appointed Nancy Lierle and approved, 5-0; appointed Jorge Ramos and approved, 5-0;
appointed Joe Gillie and approved, 5-0; appointed Troy Wheat as Citizen-at-Large and
approved, 5-0)
ADULT ARCADES: Consider initiating a moratorium process regarding "Adult
Arcades". (Motion to approve initiating a moratorium process regarding "Adult Arcades";
Approved, 5-0)
01-06-2004
10.
CONDITIONAL USE REQUEST/SPINNERS ARCADE: Consider a request
for conditional use approval to allow the establishment of a coin operated amusement
game facility to be known as Spinners Arcade to occupy three (3) bays within the
BocaRay Plaza, (4900 Linton Boulevard, Suite #33) located at the southeast corner of
Linton Boulevard and Military Trail. (Quasi-JudiciM Hearing) (Motion to approve
conditional use request with conditions; Approved, 4-1; Mayor Perlman dissenting)
PUBLIC HEARINGS:
ORDINANCE NO. 47-03: An ordinance rezoning from R-l-AA (Single Family
Residential) to RM-8 (Multiple Family Residential-Medium Density-8 dwelling units per
acre) for a 1.36 acre parcel of land known as Simmons Cay located on the west side of
State Road A-1-A (Ocean Boulevard) approximately 140 feet south of Vista Del Mar
Drive. (Quasi-Judicial Hearing) (Motion to approve Ordinance No. 47-03; Denied, 3-2)
ORDINANCE NO. 20-03 (ADOPTION HEARING FOR COMPREHENSIVE
PLAN AMENDMENT 2003-02): Consider on second reading an ordinance
adopting Comprehensive Plan Amendment 2003-02 and associated Future Land Use
Map (FLUND amendments, Amendment 2003-02 includes:
1. Redevelopment Plan for the Wallace Drive Industrial Area.
2. Amendments to the Text of the Comprehensive Plan include:
a)
b)
Modification of Future Land Use Element Policy C-2.3 to reflect
adoption of a Redevelopment Plan for Redevelopment Area #2
(Wallace Drive Industrial Area).
Creation of Future Land Use Element Policy C-1.7 to reflect completion
of a Neighborhood Redevelopment Plan for the Southwest Area.
Amendments to the Future Land Use Map include:
a) Future Land Use Map Amendment from TRN (Transitional) in part and
OS-C (Open Space-Conservation) in part to MD (Medium Density
Residential 5-12 du/ac) for a 0.509 acre portion of the Delray Harbor
Club Condominium Development, located on the east side of U.S.
Highway 1, approximately 650' south of S.E. 10m Street.
b)
c)
City initiated Future Land Use Map Amendment for approximately 45.5
acres from RDA-2 (Redevelopment Area #2) to CMR (Commerce) in
part, IND (Industrial) in part and CF-C (Community Facilities-
Churches) in part for the Wallace Drive Redevelopment Area.
City initiated Future Land Use Map Amendment from MD (Medium
Density Residential 5-12 du/ac) to GC (General Commercial) for the
following areas pursuant to the adopted Southwest Area Neighborhood
Redevelopment Plan:
01-06-2004
South of West Atlantic Avenue and north of S.W. 1st Street,
between S.W. gh Avenue and S.W. 12~h Avenue
East and west sides of S.W. 5~h Avenue, south of S.W. 1st Street
Northwest corner of S.W. 1~ Street and S.W. 4~h Avenue
(Approved, 5-0)
ORDINANCE NO. 48-03: An ordinance rezoning from POD (Professional Office
District) in part and CD (Conservation District) in part to RM (Medium Density
Residential) for a 0.509 acre portion of the Delray Harbor Club Condominium
Development located on the east side of U.S. Highway No. 1, approximately 650 feet
south of S.E. lffh Street. (Quasi-JudiciM Hearing) (Approved, 5-0)
ORDINANCE NO. 49-03: An ordinance rezoning from R-1-A (Single Family
Residential) to LI (Light Industrial) for parcels of land located on the east side of
Wallace Drive, south of S.W. lffh Street; and, rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for two parcels of land located 100 feet east of
Tangelo Terrace, between Poinsettia Drive and Georgia Street in conjunction with the
Wallace Drive Redevelopment Plan. (Quasi-Judicial Hearing) (Approved, 5-0)
ORDINANCE NO. 50-03: An ordinance rezoning from RM (Medium Density
Residential) to GC (General Commercial) for the following areas pursuant to the
adopted Southwest Area Neighborhood Redevelopment Plan:
1. South of West Atlantic Avenue, north of S.W. 1~t Street, between S.W. gh
Avenue and S.W. 12~h Avenue.
2. East and west sides of S.W. 5~h Avenue, south of S.W. Ft Street.
3. Northwest corner of S.W. Ft Street and S.W. 4~h Avenue.
(Quasi-Judicial Hearing) (Approved, 5-0)
ORDINANCE NO. 1-04 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending Land Development Regulations Section 4.4.26 LI (Light Industrial)
District and Article 4.5 "Overlay and Environmental Management Districts" relating to
the Wallace Drive Area Redevelopment Plan. If passed, a second public hearing will be
scheduled for February 3, 2004. (Approved, 5-0)
ORDINANCE NO. 3-04 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations Appendix A "Definitions" to
amend the definition of adult entertainment establishment to provide for the inclusion
of Adult Novelty Stores and to provide a definition of Adult Novelty Stores. If passed,
a second public hearing will be scheduled for February 3, 2004. (Approved, 5-0)
RESOLUTION NO. 79-03: Consider approval of Resolution No. 79-03 authorizing
the City to sell property known as the current library site, Contract for Sale and
Purchase between the City and the Delray Beach Community Redevelopment Agency
(CRA), and Acceptance of the Tripartite and Interlocal Agreement and Amendment
No. 1 and Amendment No. 2. (Approved, 4-0; Mayor Perlman passed the gavel due to
Conflict of Interest)
01-06-2004
11.
12.
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:
ORDINANCE NO. 2-04: Privately initiated Future Land Use Map (FLUM)
Amendment from CMR (Commerce) in part and GC (General Commercial) in part, to
CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part
and GC (General Commercial) in part, to MIC (Mixed Industrial and Commercial) for a
1.80 acre parcel of land known as Delray Depot (formerly the Train Station Depot site),
located at the northwest corner of West Atlantic Avenue and 1-95. If passed, a quasi-
judicial public hearing will be scheduled for February 3, 2004. (Approved, 5-0)
ORDINANCE NO. 5-04: An ordinance rezoning from A (Agricultural) to RM-8
(Medium Density Residential-8 dwelling units per acre) for a 1.69 acre parcel of land for
Highland Grove Estates located on the north side of Old Germantown Road
approximately 1,115 feet west of Homewood Boulevard. If passed, a quasi-judicial
public hearing will be scheduled for February 3, 2004. (Approved, 5-0)
ORDINANCE NO. 7-04: An ordinance rezoning from POC (Planned Office Center)
to RM-11 (Multiple Family Residential-Medium Density-Il dwelling units per acre) for
a 5.04 acre parcel of land to be known as Atlantic Palms located on the south side of
West Atlantic Avenue, approximately 140 feet east of Whatley Road. If passed, a quasi-
judicial public hearing will be scheduled for February 3, 2004. (Motion to accept
amendment to the rezoning from the applicant within six (6) months and will come back to the
Commission; Approved, 5-0)
ORDINANCE NO. 6-04: 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. If passed, a public hearing will
be scheduled for February 3, 2004. (Approved, 5-0)
ORDINANCE NO. 4-04: An ordinance amending the Land Development
Regulations Appendix A "Definitions" repealing the definitions for Residential and
Non-Residential Alcohol and Drug Abuse Treatment Facility and enacting new
definitions for Residential and Non-Residential Licensed Service Provider and
amending Sections 4.3.3(D), 4.4.6, 4.4.9, 4.4.13, 4.4.16, 4.4.17, 4.4.21, 4.4.24, and 4.6.9
to reflect the change in terminology. If passed, a public hearing will be scheduled for
February 3, 2004. (Approved, 5-0)
01-06-2004
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting ad/oumcd at 8:501~.m. ~~
POSTED: JANUARY 2, 2004
- 10 -
01-06-2004