AGENDA REGULAR CITY COMMISSION MEETING Tuesday, March 16, :00 P.M.

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1 CALL TO ORDER AND ROLL CALL AGENDA REGULAR CITY COMMISSION MEETING Tuesday, March 16, :00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor George Bowles, Bread of Life Christian Center OUTGOING COMMENTS BY VICE MAYOR TRINCHITELLA & ADMINISTER OATH OF OFFICE TO VICE MAYOR GONOT APPROVAL OF THE MINUTES 1) Regular City Commission Meeting March 2, ) Community Redevelopment Agency Meeting February 17, 2004 ACKNOWLEDGEMENT OF BOARD MINUTES 1) Planning & Zoning Board Meeting February 5, ) Code Enforcement Board Meeting February 9, 2004 APPROVAL OF THE AGENDA March 16, 2004 PRESENTATION 1) Community Improvement Video 2) Beauty Spot Awards 3) Recognition by the Mayor and Commissioners of the Deerfield Beach High School Girls Basketball Team 2004 Back to Back State Champions 3) Susan Trevarthen and David Orshefsky to give report on the EAR Coalition 4) Proclamation proclaiming March 20 & 21 as American Cancer Society Relay for Life Days honoring Robert M. Lacey 5) Recognition of the Ocean Rescue Team responsible for the lifesaving events that took place on Hillsboro Beach on March 2,

2 WRITTEN REQUEST 1) A Representative from Trinity Community Church to request replacement of their church sign at the corner of Hillsboro Blvd. and SE 8 Terrace. 2) Barbara Hall, Greenberg Taurig, request the use of a temporary location for Rooms To Go for ten months while permanent facility under construction. 3) Deerfield Beach Parking and William Bodenhamer to request the utilization of the Deerfield Beach Chamber of Commerce Parking lot facility. PUBLIC HEARING 2 ND READING 1) P.H : Ordinance 2004/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION 18-4 OF THE CITY CODE RELATIVE TO REGULATION OF ROADSIDE SALES; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE ACTION: Commission to vote on Ordinance PUBLIC HEARINGS - CHANGE OF USE 2) P.H : Applicant: City Pub, Inc. Location: Proposed Use: Previous Use: 956 S Federal Hwy. restaurant/bar and liquor store auction company (A Consignment Auction) 3) P.H : Applicant: Law Office of Tony E. Mizelle Location: Proposed Use: Previous Use: 825 S Federal Hwy. law office and practice chiropractor (American Medical Rehab Association) 4) P.H : Applicant: Creative Healthcare Solutions, Inc. Location: 230 S Powerline Rd., #2 Proposed Use: acupuncture Previous Use: merchant/repair (Singer Sewing Center) 2

3 QUASI-JUDICIAL PUBLIC HEARINGS THIS ITEM HAS BEEN TABLED UNTIL A TIME UNCERTAIN 5) P.H A: APPLICATION 90-RM25-27 Revision 2 AND CASE NO (continued from January 6, February 3, February 17, & March 2, 2004 meetings) Applicant: HOWARD JOHNSON PLAZA RESORT, by Ruden McClosky Proposal: To remodel an existing restaurant, reconfigure an existing parking lot and construct a 1,705 square-foot outdoor dining area; AND seeking the following 3 VARIANCES from the provisions of the Deerfield Beach Land Development Code: 1.) from Section in order to allow a canopy structure to be located 12 feet from the corner property line rather than 25 feet; 2.) from Section (3) in order to allow decking to be located 6 feet from the corner property line rather than 10 feet; 3.) from Section (b) (1) in order to allow a zero landscape buffer along a public right-ofway rather than 10 feet as required by Code; AND seeking CONDITIONAL USE from the provisions of Section of the Deerfield Beach Land Development Code in order to allow outdoor dining in excess of twenty-four in the beach area; AND seeking a TECHNICAL DEVIATION for 14 parking spaces from the provisions of Section (q) (iv) of the Deerfield Beach Land Development Code. Location: A 2.16-acre parcel described as Lots 3, 4 and 5, Block 4; Lots 1 thru 6, less the South feet thereof Block 3; all of Lots 1, 5, 6, 7 and 9; the West 55 feet of Lots 2, 3 and 4, Block 6 of DEERFIELD BEACH plat, more particularly described in the file, located at 2096 N.E. 2 nd Street. 6) P.H A: 03-RM10-37 REVISION 1 AND CASE NO AMENDED Applicant: 19 th AVENUE TOWNHOUSE PARTNERS LTD, by Rick Pfendler Proposal: Site plan modification to construct a maximum 2-foot high retaining wall and three marginal/finger pier docks, with boat lifts AND seeking the following 5 VARIANCES from the provisions of the Deerfield beach land development Code: 1.) from Section (c) (6) in order to allow a retaining wall in a waterfront yard to be located zero feet from the side property lines, rather than 5 feet; 2.) from Section (a) (1) in order to allow docks to extend 47 feet into the Intracoastal Waterway rather than the maximum 20 feet; 3.) from Section (a) (3) to allow a dock to be located 10 feet from the adjacent property line rather than 25 feet when the lot frontage along a body of water exceeds 100 feet in length; 4.) from Section (a) (4) to allow finger piers in the Intracoastal Waterway, AND 5.) from Section (c) (4) to allow three boatlifts that are located 16 feet from the adjacent property line rather than the maximum of two boatlifts which shall not extend closer than 25 feet to the adjacent property line, when the lot frontage along a body of water exceeds 100 feet in length. Location: A.33-acre parcel described as Lots 9 and 10, Block 14 of the OCEAN VUE AMENDED PLAT, more particularly described in the file, located at 549 N.E. 19 th Avenue. 3

4 QUASI-JUDICIAL PUBLIC HEARINGS 7) P.H : CASE NO AND CHANGE OF USE Applicant: UAI STORE & RESTAURANT, INC./SABOR BRASIL Proposal: Seeking a TECHNICAL PARKING DEVIATION for 14 parking spaces in accordance with Section 98-88(q) of the Deerfield Beach Land Development code in order to accommodate an eat-in restaurant; AND seeking a CHANGE OF USE to allow said restaurant to be added on to an existing take-out restaurant and to occupy space previously used as a retail store (Sabor Brasil). Location: South Federal Highway. 8) P.H : CASE NO AND CHANGE OF USE Applicant: LUPITAS MEXICAN GRILL/EL REVENTON SPORTS BAR Proposal: Seeking a TECHNICAL PARKING DEVIATION for 25 parking spaces in accordance with Section 98-88(q) of the Deerfield Beach Land Development Code in order to allow an existing bar to expand into two adjoining spaces as a bar and restaurant; AND seeking a CHANGE OF USE to allow said bar/restaurant to occupy space previously used as an employment agency and another space previously used as a bagel restaurant. Location: West Sample Road. 9) P.H : SIGN CASE NO. 617 Applicant: GAS CITY, by McNeill Signs Proposal: Seeking a VARIANCE from the provisions of Section (c)(1) of the Deerfield Beach Land Development Code in order to allow an additional 40 squarefoot monument sign. The Code allows only one freestanding monument sign per property. Location: 1011 South Powerline Road. GENERAL ITEMS 10) Consideration of a Deerfield Beach Housing Authority Town House Project. ACTION: To approve the City Administration s recommendation 11) Consideration to reactivate the Community Relations Board. 4

5 GENERAL ITEMS-CONTINUED 12) Dale Allen, Executive Director of the Deerfield Beach Housing Authority, in conjunction with the Broward County Historical Commission, to present an initial proposal regarding the old cemetery site located at SE 2 Avenue and SE 4 Street. THIS ITEM HAS BEEN TABLED UNTIL A TIME UNCERTAIN 13) Consideration of Letter of Intent from Howard Johnson and the City of Deerfield Beach regarding parking in the CRA Development. (tabled from January 6, February 3, February 17, and March 2, 2004) 14) Discussion relating to Fire Inspection Fees. (tabled from February 17, and March 2, 2004) 15) Consideration of a one-year extension to the Crystal Lake Dredging Project Agreement with Colin Jackson, et al. CONSENT AGENDA 16) Resolution 2004/ - A Resolution approving a Memorandum of Understanding with Florida International University for its Laboratory for Structural Mitigation at the International Hurricane Research Center. (tabled from March 2, 2004) 17) Resolution 2004/ - A Resolution authorizing a site lease agreement with Sprint PCS for installation of antennas on the West Water Tower Facility. 18) Resolution 2004/ - A Resolution awarding a renewal contract to Beached Management, Inc. for a beach equipment rental concession. 5

6 CONSENT AGENDA-CONTINUED 19) Resolution 2004/ - A Resolution approving an agreement with On Target Challenge, Inc. (d/b/a On Target Communications) to provide The Corporate Cup Challenge, the Firefighter Challenge ) 20) Ordinance 2004/ - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, AMENDING SECTION 46-9 OF THE CITY CODE RELATING TO DEFACEMENT OF PROPERTY BY GRAFFITI; CONTAINING A PROVISION FOR INCLUSION IN THE CITY CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE. and set public hearing for April 6, ) Resolution 2004/ - A Resolution approving a contract between Ronald R. Schultz, for the purposes of developing geographic boundaries for Commission Election Districts pursuant to the City charter of the City of Deerfield Beach. 22) Resolution 2004/ - A Resolution approving the purchase from Able South Turf Equipment Sales and Service of four Scag riding mowers for the Grounds Maintenance Division for a total expenditure of $43, and from JLN Small Engine, Inc. two commercial grade string trimmers and edgers for a total price of $1, ) Resolution 2004/ - A Resolution awarding a renewal contract tot Emerald Transportation Corporation, pursuant to the terms and conditions of bid /#02, finding the proposal of Emerald Transportation Corporation to be in the best interest of the City. 24) Resolution 2004/ - A Resolution approving a settlement agreement with Denise Gibbs. ADMINISTRATIVE ACTIONS AND CITY MANAGER COMMENTS COMMENTS BY MAYOR AND COMMISSIONERS 6

7 PUBLIC TO BE HEARD Persons addressing the Commission during this segment may not discuss items that are on the agenda. A three (3) minute time limit will be imposed on those addressing the Commission. The Commission shall take the subject under advisement and refer to administration unless a majority of the Commission wishes to discuss the matter. ADJOURNMENT FUTURE MEETINGS Regular Meeting April 6, 2004 Regular Meeting April 20, 2004 Written requests to address the Commission must be submitted to City Manager one week prior to commission meeting. Any person wishing to appeal any decision made by the City Commission with respect to any matter considered at such meetings or hearings will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and the evidence upon which the appeal is made. The above notice is required by State Law (F.S ). Anyone desiring a verbatim transcript shall have the responsibility, at his/her own expense, to arrange for the presence of a certified court reporter at the hearing. 7