02-03-04 ResultsCity of Delray Beach
Regular Commission Meeting
***AGIZNDA RESULTS***
Tuesday, February 3, 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.
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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 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.L, Agreement/Horse Drawn Carriages, Inc., moved
to the Regular Agenda as Item 92; Commissioner Levinson requested Item 8.K, Ratification of the Sister
Cities Board of Directors for 2004, be pulled from the agenda to come back on February 17, 2004;
Approved as amended, 5-0).
APPROVAL OF MINUTES:
January 06, 2004 - Regular Meeting (Approved, 5-0)
January 13, 2004 - Regular Meeting (Approved, 5-0)
January 16, 2004 - Special Meeting (Approved, 5-0)
January 22, 2004 - Special Meeting (Approved, 5-0)
PROCLAMATIONS:
Recognizing and Commending the Delray Rocks Football & Cheerleading Squads
Celebrating the 100~ Year Anniversary of Masonic Lodge #275 -January 2004
Recognizing Engineers Week - February 22-28, 2004
PRESENTATIONS:
"Spotlight on Education" -Debra Johnson, Principal of High Tech Middle School 98-GG
Appreciation for "Read to Students' Day" - Seacrest Christian Elementary School
Gift of Fire Fighter Statue to Fire-Rescue Department - Marcia Higgs, Urdl's Water
Gardening Center, Inc.
Glory Awards - Edith Thompson
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 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 January 15, 2004.
RESOLUTION NO. 12-04: Approve Resolution No. 12-04 authorizing the
appropriation and expenditure of matching grant funds in the amount of ~g65,000.00 to the
South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for
engineering design, permitting, and construction of the next phase of the reclaimed water
treannent expansion project. Funding is available from 441-5181-536-63.95 (Water/Sewer
Fund).
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02-03-2004
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FINAL PAYMENT/GAMETIME, INC.: Approve a $7,921.04 decrease to Purchase
Order #610147, and final payment in the amount of $150,117.71 to Gametime, Inc. for
completion of skate park equipment installation at the Community Teen Center's Skate
Park. Funding is available from 117-6111-572-63.40 (Recreation Impact Fees/Recreation
Improvements).
TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve sea turtle
monitoring services for FY 2004 with John Fletemeyer in an amount not to exceed
$27,304.20. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund).
SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
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FUNDING RECIPIENT: Authorize and approve subordination of the City's second
mortgage in the amount of $15,226.00 to allow the applicant to secure new financing.
RESOLUTION NO. 10-04: Approve Resolution No. 10-04 and the Maintenance
Agreement between the State of Florida Department of Transportation and the City for
the beautification of U.S. Highway 1 at Linton Boulevard.
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(CRA)/BUS SHELTERS: Approve an Interlocal Agreement between the Community
Redevelopment Agency (CRA) and the City for bus shelters in the amount of $129,120.00.
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund subsidy
for one (1) eligible applicant/family in the amount of $23,750.00 for new construction on
N.W. 13~ Avenue. This brings the number to 156 homeowners assisted under the
Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner
Subsidy).
SPECIAL EVENT REQUEST/HOWARD ALAN 7th ANNUAL WINTER
STREET CRAFT FESTIVAL: Approve a special event request to allow the 7~ Annual
Delray Beach Winter Street Craft Festival sponsored by Howard Alan Events, Ltd. to be
held on February 28-29, 2004 from 10:00 a.m. - 5:00 p.m., including a temporary use
permit per LDR Section 2.3.6(H) for street closures of NE/SE 4~ Avenue, one block
north/south of Atlantic Avenue as well as the north end of Hand's parking lot for vendor
parking and staff support for security, with the event sponsor paying all overtime costs.
SPECIAL EVENT REQUEST/SAINT PATRICK'S DAY PARADE: Approve a
special event request to allow the 36~ Annual St. Patrick's Day Parade to be held on
Saturday, March 13, 2004 beginning at 2:00 p.m., including temporary use permits per LDR
Section 2.3.6(H) for street closures of Atlantic Avenue from Venetian Drive to the County
Courthouse for the parade and Venetian Drive and Gleason Street for staging of parade
entries from 12:00 p.m. to approximately 3:30 p.m., staff support for traffic control and
security, barricading, trash removal, and assistance in obtaining the FDOT permit, use and
set up of half of the small stage, waiver of LDR's Section 4.6.7(F)(3)(j)(ii) to allow event
signage to be placed no earlier than March 3, 2004 with event sponsor paying
approximately $677.50 in overtime costs; contingent upon specified conditions contained
in 1/20/00 memo being met, the receipt of a hold harmless agreement and certificate of
liability insurance.
02-03-2004
K. RATIFICATION OF THE SISTER CITIES BOARD OF DIRECTORS FOR
2004: Approve and ratify the proposed slate of Directors for the Sister Cities Committee
for 2004. (PULLED - will come back on February 17, 2004 Regular City Commission Meeting)
MOVED TO REGULAR AGENDA AS ITEM 9.I
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 12, 2004 through January 30, 2004.
N. AWARD OF BIDS AND CONTRACTS:
Contract award in the amount of $384,790.00 to Daytech Manufacturing, Inc. for
the purchase, assembly and installation of forty-seven (47) bus shelters at selected
sites throughout the City. Funding is available from 334-3162-544-65.70 (Bus
Shelters).
Contract award to RSI of Florida, Inc. in the amount of $77,937.00 for the re-
roofing of the Utilities Maintenance Building project. Funding is available from
442-5178-536-62.10 (Water/Sewer Renewal and Replacement Fund/Buildings).
REGULAR AGENDA:
WAIVER REQUEST/BERMUDA GARDENS: Consider a request to waive Land
Development Regulations Section 4.3.4(K) to reduce the lot size and lot width in
association with a proposed subdivision at 924 Bermuda Road, located at the southwest
corner of Bermuda Road and State Road A-1-A. (Quasi-Judicial Hearing) (Approved, 5-
0)
WAIVER REQUEST/BANKOFF TOWNHOMES: Consider a request to waive the
required front setback in the CBD (Central Business District) to allow a front setback of
25' 6" for the Bankoff Townhome project, located on the west side of Seabreeze Avenue,
approximately 230 feet north of East Atlantic Avenue. (Quasi-Judicial Hearing)
(Approved, 5-0)
APPRAISAL FOR CITY PARCEL: Consider a developer request to buy a City owned
parcel of land, located south of S.W. 10~ Street between S.W. 9~ Avenue and S.W. 10~
Avenue; and authorize staff to proceed with appraisal. (Consensus of the Commission to
proceed with appraisal)
D. PROPOSAL FOR SETTLEMENT IN CLARA OUTRAM v. CITY OF DELRAY
BEACH: Consider a Proposal for Settlement in the amount of $24,999.99 in Clara
Outram v. City of Delray Beach. The City Attorney's Office recommends denial. (Motion
to approve settlement; Settlement denied, 5-0)
Consider a counter-offer Outram v. City of Delray Beach in the amount of
$7,500.00. (Motion to approve counter-offer; Counter-offer Approved, 5-0)
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METRON-FARNIER, L.L.C./AUTHORIZATION TO DISMISS LAWSUIT:
Consider authorization to dismiss the lawsuit against Metron-Famier, L.L.C. (Approved, 5-
0)
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE
(EMPA) GRANT APPLICATION: Approve and authorize the Mayor to execute
Emergency Management Preparedness and Assistance grant submittal documents for the
City. (Motion to approve submitting grant application documents to EMPA as set forth in the
memo dated January 30, 2004; authorize the City to match funds; and authorize the Mayor to
execute grant documents; Approved, 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 April 22,
2005. Based on the rotation system, the appoinunent will be made by Commissioner
Archer (Seat #2). (Appointed Gilbert Forbes and approved, 5-0)
APPOINTMENTS TO THE PUBLIC ARTS IMPLEMENTATION
10.
COMMITTEE: Appoint four (4) members to the Public Arts Implementation
Committee for a term ending June 30, 2004. Based on 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). This
item has been postponed due to a request From Glenn Weiss and Carolyn
Pendelton-Parker. (POSTPONED - recommendation to come back on February 17, 2004
Regular City Commission Meeting)
AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Approve an agreement
between the City and Horse Drawn Carriages, Inc. to continue to provide horse and
carriage rides along Atlantic Avenue Wednesday through Saturday until May 2, 2004.
(Approved, 4-1; Mayor Perlman dissenting)
PUBLIC HEARINGS:
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. (Quasi-Judicial Hearing)
(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. (Quasi-Judicial Hearing)
(Approved, 5-0)
02-03-2004
11.
12.
ORDINANCE NO. 1-04 (SECOND READING/SECOND 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. (Approved, 5-0)
ORDINANCE NO. 3-04 (SECOND READING/SECOND 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. (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. (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.
(Approved, 5-0)
ORDINANCE NO. 9-04 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations Section 4.4.17, RO (Residential
Office District), Subsection 4.4.17(B)(2) regarding duplex structures. If passed, a second
public hearing will be scheduled for February 17, 2004. (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:
ORDINANCE NO. 10-04: An ordinance rezoning from POC (Planned Office Center)
to RM-9 (Multiple Family Residential-Medium Density-9 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 17, 2004. (Approved, 5-0)
ORDINANCE NO. 8-04: An ordinance amending the Land Development Regulations,
enacting a new Subsection 2.4.3(K)(6), "Delray Beach Fire-Rescue Department Fees". If
passed, a public hearing will be scheduled for February 17, 2004. (Approved, 5-0)
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ORDINANCE NO. 11-04: An ordinance providing for the adoption and enforcement of
the minimum State Fire Code. If passed, a public hearing will be scheduled for February
17, 2004. (Approved, 5-0)
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ORDINANCE NO. 12-04: An ordinance amending Ordinance No. 20-03, that adopted
Comprehensive Plan Amendment 2003-02, regarding compliance with the Florida
Department of Community Affairs (DCA) Obiections, Recommendations and Comments
(ORC) report. If passed, a public hearing will be scheduled for February 1'7, 2004.
(Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at 8:55 p.tn. ******
POSTED: JANUARY 30, 2004
02-03-2004