01-13-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, January 13, 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.
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 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 noted the addition of Item 9.K, Special Meeting/January 22, 2004,
to the agenda by addendum; revised contract for Item 8.G, Landscape Agreement/Dave Bodker
Landscape Architecture/Planning, Inc./Linton Boulevard; Item 8.E, Granting of Easement Deed/Lake
Worth Drainage District, moved to the Regular Agenda as Item 9.A.2; and Item 82, Resolution No. 5-
04., moved to the Regular Agenda as Item 9.A.1; Approved as amended, 5-0)
APPROVAL OF MINUTES:
· NONE
PROCLAMATIONS:
Calling for the First Nonpartisan Election to be held on March 9, 2004
PRESENTATIONS:
A. NW/SW 5~h Avenue Preliminary Design Presentation
CONSENT AGENDA: City Manager Recommends Approval.
A.
(Approved as amended, 5-0)
RESOLUTION NO. 6-04: Approve Resolution No. 6-04 assessing costs for the
demolition of an unsafe structure located at 217 N.W. ffh Avenue.
RESOLUTION NO. 7-04: Approve Resolution No. 7-04 assessing costs for the
demolition of an unsafe structure located at 133 N.E. Th Avenue.
RESOLUTION NO. 8-04: Approve Resolution No. 8-04 assessing costs for
abatement action required to remove nuisances on nine (9) properties throughout the
city.
ACCEPTANCE OF EASEMENT DEED/LINCOLN PARK AT DELRAY
L.L.C.: Approve and accept an easement deed from Lincoln Park at Delray, L.L.C. for
public utilities located near Laver's Circle.
MOVED TO REGULAR AGENDA AS ITEM 9.A.2
GRANTING OF RIGHT-OF-WAY DEED/PALM BEACH COUNTY:
Approve the City granting a twelve (12) foot right-of-way to Palm Beach County from
the Bexley Park property, located adjacent to Military Trail just north of the L-31 canal,
to be used for a right hand turn lane.
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01-13-2004
LANDSCAPE AGREEMENT/DAVE BODKER LANDSCAPE
ARCHITECTURE/PLANNING, INC./LINTON BOULEVARD: Approve an
agreement in the amount of $22,275.00 to Dave Bodker Landscape
Architecture/Planning, Inc. to provide landscape architectural services for Linton
Boulevard, between Congress Avenue and Military Trail. Funding is available from 119-
4151-572-63.20 (Landscaping/Beautification).
AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-
PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections
to handle and canvass the City's absentee and provisional ballots for the March 9, 2004
First Non-Partisan Election, and represent the City at the requisite Logic and Accuracy
tests.
MOVED TO REGULAR AGENDA AS ITEM 9.A.1
PUBLIC ARTS IMPLEMENTATION COMMITTEE: Approve the Master Plan
process as presented and outlined at the December 9, 2003 City Commission Meeting
and reauthorize the loan of $15,600.00. Funding is available from 115-1702-579-31.90
(Other Professional Services).
SPECIAL EVENT REQUEST/DELRAY AFFAIR: Approve a special event
request from the Chamber of Commerce to allow the Delray Affair to be held on April
16-18, 2004; including a temporary use permit per LDR Section 2.4.6(H) for street
closures of Atlantic Avenue from NW/SW 1st Avenue to the Intracoastal Waterway and
blocking access to Atlantic Avenue on each side street in this area at the alley running
parallel to Atlantic Avenue; waiver of LDR Section 4.6.7(D)(3)(j)(ii) to allow event
signage to be placed more than one week prior to event, staff support for security and
traffic control, contingent upon specified staff recommended exceptions contained in
1/8/04 memo and the receipt of a hold harmless agreement and certificate of liability
insurance.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 5, 2004 through January 9, 2004.
AWARD OF BIDS AND CONTRACTS:
· NONE
01-13-2004
REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
A.1.
A.2.
DECISION/SIGN CRAFT: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding a waiver to Land Development Regulations
(LDR) Section 4.6.7(G)(3)(d) for the Marriott Residence Inn, located at 1111 East
Atlantic Avenue. (Quasi-Judicial Hearing) (Motion to approve appeal; Appeal denied,
4-1; Mayor Peflman dissenting)
RESOLUTION NO. 5-04: Approve Resolution No. 5-04 to extend the Public Arts
Implementation Committee through June 2004 and to empower the Committee to
assist the City with Public Art Projects. (Approved, 5-0)
GRANTING OF EASEMENT DEED/LAKE WORTH DRAINAGE
DISTRICT: Approve the City granting a forty (40) foot easement to the Lake Worth
Drainage District (LWDD) from the Bexley Park property, located adjacent to the L-31
canal and just east of Military Trail. (Motion to approve possible negotiations for a better
easement to include reuse of water main; Approved, 5-0)
WAIVER REQUEST EXTENSION/CALYPSO BAY TOWNHOMES:
Consider a six (6) month extension of the request to waive Land Development
Regulations (LDR) Section 2.4.6(H) regarding temporary use permits to allow an off-site
temporary sales office for the Bella Vista Development (Calypso Bay) located at 1020
Miramar Drive. (Quasi-Judicial Hearing) (Motion to approve waiver request extension to
April 15, 2004 subject to applicant removing sign; Approved, 5-0)
WAIVER REQUEST/1030 WALLACE DRIVE: Consider a request to waive Land
Development Regulations (LDR) Section 4.4.19(H)(2) which requires a ten (10) foot
wide landscape buffer abutting the Wallace Drive right-of-way, located on the west side
of Wallace Drive approximately 365 feet south of S.W. l0~h Street within the Wallace
Drive Redevelopment Area. (Quasi-JudiciM Hearing) (Motion to approve waiver;
Approved, 5-0)
REQUEST TO REDUCE LIENS/ADM PROPERTIES, L.L.C BUYERS
INVESTMENT GROUP, INC.: Consider a request from Mr. Jim Drosakis,
Director of Real Estate Operations for ADM Properties, L.L.C. Buyers Investment
Group, Inc. to waive the interest and administrative fees totaling $5,388.12 assessed for
abating nuisances on two (2) vacant lots located within the second Block of S.W. 11th
Avenue. ADM Properties, L.L.C. Buyers InvesUnent Group, Inc. is prepared to pay the
remaining lien of $2,914.49. Staff recommends approval. (Approved, 5-0 with payment to
be paid in full in 30 days)
PROPOSAL TO CHANGE POLICE/FIRE PENSION MULTIPLIER:
Provide direction regarding proposal to change the Police and Fire Pension Multiplier.
(Consensus of the Commission to increase the Police/Fire Pension Multiplier to 31/2% with
employee costs of 6% and an Opt In or Opt Out clause)
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01-13-2004
ENGINEERING CONSULTING AGREEMENTS: Discuss criteria for
Engineering Consulting Agreements. (Consensus of the Commission to approve the
consultant selection criteria to include the new Exhibit C)
SPECIAL EVENT REQUEST/CELEBRATE THE SOUL OF DELRAY 2004:
Approve a special event request for the fourth "Celebrate the Soul of Delray" event to
be held on Sunday, March 6, 2004 from 10:00 a.m. to 9:00 p.m., including a temporary
use permit per LDR's Section 2.4.6(H) for street closure/use of Atlantic Avenue from
Swinton Avenue to NW/SW 5~h Avenue, use of Tennis Center parking lot and
clubhouse and the large covered City stage; a waiver of sign code to allow event signage
more than one week in advance, provide staff support for security and traffic control,
barricade set up, trash clean up/removal, EMS services, use of City trash containers and
signage; and waiver of overtime costs; contingent upon sponsor providing certificates of
liability insurance and liquor liability insurance, and a hold harmless agreement.
(Approved subject to staff conditions, 5-0)
APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) member to the Police and
Firefighters Retirement System Board of Trustees to fill an unexpired term ending June
30, 2004. Based on the rotation system, the appoinunent will be made by
Commissioner Costin (Seat #1). (Appointed Kenneth Rubin and approved, 5-0)
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
10.
11.
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). (Appointed Arthur
Brown and approved, 5-0)
APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
a#er, ate member to the Board of Adjustment for an unexpired term ending August 31,
2005. Based upon the rotation system, the appointment will be made by Mayor
Perlman (Seat #5). (Appointed Harvey Starin as alternate member and approved, 5-0)
SPECIAL MEETING/JANUARY 22, 2004: Discuss the Special Meeting scheduled
for January 22, 2004 to ratify the Bond Election. (The Special Meeting date scheduled for
January 22, 2004 will not change)
PUBLIC HEARINGS:
· NONE
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.
01-13-2004
12.
13.
POSTED:
FIRST READINGS:
· NONE
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 8:lJ p.m. ~~
JANUARY 9, 2004
01-13-2004