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07-05-12 Agenda Results Regular MeetingMicrosoft Word - 07-05-12 Agenda Results Regular Meeting.doc City of Delray Beach Regular Commission Meeting City Commission Meeting Thursday, July 5, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 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. B. 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. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 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 Smith at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 ***AGENDA RESULTS*** 07/05/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. June 5, 2012 – Regular Meeting (Approved, 5-0) B. June 12, 2012 – Workshop Meeting (Approved, 5-0) C. June 19, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing and commending Carolyn Patton for her dedicated service to the Sandoway House Nature Center 7. PRESENTATIONS: A. RESOLUTION NO. 26-12: Approve Resolution No. 26-12 recognizing and commending Fiel Bronson for 30 years of dedicated service to the City of Delray Beach. (Approved, 5-0) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. RESOLUTION NO. 29-12 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/109 FERN COURT): Approve a tax exemption request for eligible improvements to the property located at 109 Fern Court within the Del Ida Park Historic District; and approve Resolution No. 29-12. B. RESOLUTION NO. 30-12: ABANDONMENT OF UTILITY EASEMENT: 633 NORTH OCEAN BOULEVARD: Approve Resolution No. 30-12 to abandoning a 10' X 100' utility easement located at 633 North Ocean Boulevard. C. MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) for State Road A-1-A, State Road 5, State Road 9 and State Road 806. D. RENEWAL OF AGREEMENT/SOUTHEASTERN COLLEGE (f/k/a KEISER COLLEGE): Approve renewal of an agreement with Southeastern College to provide a clinical training site for EMT and Paramedic students. 07/05/2012 -3 -E. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC: Approve the School Readiness Child Care Provider Agreement between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program located at Pompey Park and the Community Center. F. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve a Continue-to-Care Afterschool Program Provider Agreement between Early Coalition of Palm Beach County, Inc. and the City, to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. G. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2012 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $42,212.00 which will provide funding to support the Holiday Robbery Task Force. H. GRANT APPLICATION; 2012 ASSISTANCE TO FIREFIGHTERS: Authorize submission of a grant application to the Federal Emergency Management Agency for the 2012 Assistance to Firefighters Grant. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2012 through June 29, 2012. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Hub City Ford in the amount of $390,523.00 for fourteen (14) replacement Police Patrol vehicles. Funding is available from 501-3312-519-64.20 (Garage Fund: Repair & Maintenance Services/Vehicle Maintenance-Garage). 9. REGULAR AGENDA: A. WAIVER REQUEST/HARBOR PLAZA: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1),“Stacking Distance”, reducing the stacking distance from the required 50’ to 21.4’ for parking facility that contains 51 or more parking spaces for Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) 07/05/2012 -4 -B. UNITED STATES TENNIS ASSOCIATION (USTA) DAVIS CUP FINALS BID: Consider approval and authorization to submit a bid to the United States Tennis Association (USTA) to be the host site for the 2012 Davis Cup Finals if held in the United States. (Motion to approve; Approved, 5-0) C. GRANT APPLICATION/TOURIST DEVELOPMENT COUNCIL: DAVIS CUP: Approve and authorize staff to submit a grant application in the amount of $150,000.00 to the Palm Beach County Tourist Development Council (TDC) to support costs for the Davis Cup finals. (Motion to approve; Approved, 5-0) D. AGREEMENT/PALM BEACH COUNTY EDUCATION COMMISSION, INC.: Consider approval of an agreement between the City and the Palm Beach County Education Commission, Inc., for the funding of broadband service (purchase of the radios and related equipment) in the NW/SW neighborhoods. (Motion to approve; Approved, 5-0) E. REVISION TO PROCEDURES FOR QUASI-JUDICIAL HEARINGS: Approve revisions to the Procedures for Judicial Hearings Paragraph 4.A., “Swearing in of Witnesses”, to allow the Board’s Chairperson, Vice Chair or Second Vice Chair to swear in individuals for quasi-judicial items. (Motion to approve; Approved, 5-0) F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2015. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). (Appointed David Cook and approved 5-0.) G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2014. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). (Appointed Keith Sonderling and approved 5-0.) H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two (2) regular members from Zone 4 and an At Large Representative to serve three (3) year terms ending July 31, 2015 to the Neighborhood Advisory Council. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Pearl Markfield Elrod and approved 5-0; and appointed Kristen Albanese and approved 5-0.) I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint (4) regular members to serve two (2) year terms ending July 31, 2014 and one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Green Implementation Advancement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). (Appointed Michael Marcus and approved 5-0; Appointed Jeffrey Conley and approved 5-0; Appointed Pamela Grossman and approved 5-0 and appointed Isabelle Alarie and approved 5-0. 07/05/2012 -5 -Commissioner Carney’s appointment for an alternate member was deferred to the July 17, 2012 Regular Meeting) J. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three (3) regular members to serve two (2) year terms ending July 31, 2014 to the Financial Review Board. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2). (Appointed Brian Anderson and approved 5-0. Mayor McDuffie’s and Commissioner Jacquet’s appointments were deferred to the July 17, 2012 Regular Meeting) 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. B. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, subtitle "Pensions", Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70, “Direct Transfers of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply with a court decision. (Motion to approve; Approved, 5-0) C. ORDINANCE NO . 20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. (Motion to approve; Approved, 4-1; Commissioner Jacquet dissenting) D. RESOLUTION NO. 27-12/CONTRACT FOR SALE AND PURCHASE/212 N.W. 14TH AVENUE: Consider approval of Resolution No. 27-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 212 N.W. 14th Avenue to Jesus Aguierre-Rueda and Maria Gomez for the purchase price of $53,600.00 or appraised value. (Motion to approve; Approved, 5-0) 11. 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. 07/05/2012 -6 -12. FIRST READINGS: A. ORDINANCE NO. 19-12: Consider a Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CBD (Central Business District) for a vacant parcel located on the east side of S.W. 10th Avenue approximately 391 feet south of West Atlantic Avenue at 35 S.W. 10th Avenue. If passed, a public hearing will be held on July 17, 2012. (Motion to approve; Approved, 5-0) B. ORDINANCE NO. 21-12: Privately-initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lintco Development Overlay District” and amend Section 4.4.9 “General Commercial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the Floor Area Ratio (FAR) within the Lintco Development Overlay District, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. If passed, a public hearing will be held on August 7, 2012. (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 22-12: Privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Waterford Overlay District” and amend Section 4.4.25 “Special Activities District (SAD)”, Subsection (E) “Supplemental District Regulations” to limit the Floor Area Ratio (FAR) and residential density within the Waterford Overlay District, located south of Linton Boulevard, east of I-95. If passed, a public hearing will be held on August 7, 2012. (Motion to approve; Approved, 5-0) D. ORDINANCE NO. 23-12: City-initiated amendments to the Land Development Regulations Section 2.4.3(K)(1) “Development Applications”; Section 2.4.3(K)(3) “Permit Fees” and Section 6.3.3 “Sidewalk Café” Subsection 6.3.3(A) “Permit and Fees” to provide for an increase in certain development application and permit fees and increasing the permit fee assessed per square foot of approved sidewalk café space. If passed, a public hearing will be held on August 7, 2012. (Motion to approve; Approved, 5-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JUNE 29, 2012 ****** Meeting adjourned at 8:02 p.m. ****** 07/05/2012 - 2 - 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. June 5, 2012 – Regular Meeting (Approved, 5-0) B. June 12, 2012 – Workshop Meeting (Approved, 5-0) C. June 19, 2012 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Recognizing and commending Carolyn Patton for her dedicated service to the Sandoway House Nature Center 7. PRESENTATIONS: A. RESOLUTION NO. 26-12: Approve Resolution No. 26-12 recognizing and commending Fiel Bronson for 30 years of dedicated service to the City of Delray Beach. (Approved, 5-0) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. RESOLUTION NO. 29-12 (TAX EXEM PTION REQUEST FOR ELIGIBLE IMPROVEMENTS/109 FERN COURT): Approve a tax exemption request for eligible improvements to the property loca ted at 109 Fern Court within the Del Ida Park Historic District; and approve Resolution No. 29-12. B. RESOLUTION NO. 30-12: ABANDONMENT OF UTILITY EASEMENT: 633 NORTH OCEAN BOULEVARD: Approve Resolution No. 30-12 to abandoning a 10' X 100' utility easement located at 633 North Ocean Boulevard. C. MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve authorization for the Mayor to execute an inclusive Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) for State Road A-1-A, State Road 5, State Road 9 and State Road 806 . D. RENEWAL OF AGREEMENT/SOUTHEASTERN COLLEGE (f/k/a KEISER COLLEGE): Approve renewal of an agreem ent with Southeastern College to provide a clinical training site for EMT and Paramedic students . 07/05/2012 - 3 - E. SCHOOL READINESS CHILD CARE PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC: Approve the School Readiness Child Care Provider Ag reement between the City of Delray Beach and the Early Coalition of Palm Beach County, Inc. to provide subsidized child care funding for the Afterschool Program loca ted at Pompey Park and the Community Center. F. AFTERSCHOOL PROGRAM PROVIDER AGREEMENT/EARLY LEARNING COALITION OF PALM BEACH COUNTY, INC.: Approve a Continue-to-Care Afterschool Program Provid er Agreement between Early Coalition of Palm Beach County, Inc. and the City, to continue reimbursable funding through the Continue to Care-Afterschool Scholarship program for the Afterschool Program located at Pompey Park and the Community Center. G. GRANT AWARD/RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Approve and accept the FY 2012 Recovery Act Edward Byrne Memorial Just ice Assistance Grant (JAG) award in the amount of $42,212.00 which will provide fu nding to support the Holiday Robbery Task Force. H. GRANT APPLICATION; 2012 ASSISTANCE TO FIREFIGHTERS: Authorize submission of a grant application to the Federal Emergency Management Agency for the 2 012 Assistance to Firefighters Grant. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2012 through June 29, 2012. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Hub City Ford in the amount of $390,523.00 for fourteen (14) replacement Police Patrol vehicles . Funding is available from 501-3312- 519-64.20 (Garage Fund: Repair & Main tenance Services/Vehicle Maintenance- Garage). 9. REGULAR AGENDA: A. WAIVER REQUEST/HARBOR PLAZA: Consider approval of a waiver request to Land Development Regulations (LDR) S ection 4.6.9(D)(3)(c)(1),“Stacking Distance”, reducing the stacking distance from the requi red 50’ to 21.4’ for pa rking facility that contains 51 or more parking spaces for Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) 07/05/2012 - 4 - B. UNITED STATES TENNIS ASSOCI ATION (USTA) DAVIS CUP FINALS BID: Consider approval and authorization to sub mit a bid to the United States Tennis Association (USTA) to be the host site for the 2012 Davis Cup Finals if held in the United States. (Motion to approve; Approved, 5-0) C. GRANT APPLICATION/TOURIST DEVELOPMENT COUNCIL: DAVIS CUP: Approve and authorize staff to submit a grant application in the amount of $150,000.00 to the Palm Be ach County Tourist Development Council (TDC) to support costs for the Davis Cup finals. (Motion to approve; Approved, 5-0) D. AGREEMENT/PALM BEACH COUN TY EDUCATION COMMISSION, INC.: Consider approval of an agreement bet ween the City and the Palm Beach County Education Commission, Inc., for the fu nding of broadband service (purchase of the radios and related equipment) in the NW/SW neighborhoods. (Motion to approve; Approved, 5-0) E. REVISION TO PROCEDURES FOR QUASI-JUDICIAL HEARINGS: Approve revisions to the Procedures for Judi cial Hearings Paragraph 4.A., “Swearing in of Witnesses”, to allow the Board’s Chairpe rson, Vice Chair or Second Vice Chair to swear in individuals for quasi-judicial items. (Motion to approve ; Approved, 5-0) F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2015. Based upon the rotation system, the appointment will be made by Co mmissioner Frankel (Seat #3). (Appointed David Cook and approved 5-0.) G. APPOINTMENT TO THE CIVIL SERVICE BOARD : Appoint one (1) regular member to the Civil Service Board to serve a two (2) year term ending July 1, 2014. Based upon the rotation system, the a ppointment will be made by Commissioner Frankel (Seat #3). (Appointed Keith Sonderling and approved 5-0.) H. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint two (2) regular members from Zone 4 and an At Large Representative to serve three (3) year terms ending July 31, 2015 to the Neighborhood Advisory Council. Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2) and Commissioner Frankel (Seat #3). (Appointed Pearl Markfield Elrod and approved 5-0; and appointed Kristen Albanese and approved 5-0.) I. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint (4) regular members to serve two (2) year terms ending July 31, 2014 and one (1) al ternate member to serve an unexpired term ending July 31, 2013 to the Green Implementation Advancement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). (Appointed Michael Marcus and approved 5-0; Appointed Jeffrey Conley and approved 5-0; Appointed Pamela Grossman and approved 5-0 and appointed Isabelle Alarie and approved 5-0. 07/05/2012 - 5 - Commissioner Carney’s appointment for an alternate member was deferred to the July 17, 2012 Regular Meeting) J. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three (3) regular members to serve two (2) year terms ending Ju ly 31, 2014 to the Financial Review Board. Based upon the rotation syst em, the appointments will be made by Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Jacquet (Seat #2). (Appointed Brian Anderson and approved 5-0. Mayor McDuffie’s and Commissioner Jacquet’s appoint ments were deferred to the July 17, 2012 Regular Meeting) 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission will hear public comments, if any, regard ing the FY 2013 Proposed Budget at this time. B. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire- Rescue Departments”, subtitle "Pensions", Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; A pplication”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of Benefits”; Section 33.64, “Contributions”; Section 33.65, “Administrat ion”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retiremen t Benefit Enhancement”; Section 33.70, “Direct Transfers of Eligible Rollover Di stributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply with a court decision. (Motion to approve; Approved, 5-0) C. ORDINANCE NO . 20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, S ection 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. (Motion to approve; Approved, 4-1; Commissioner Jacquet dissenting) D. RESOLUTION NO. 27-12/CONTRACT FOR SALE AND PURCHASE/212 N.W. 14 TH AVENUE: Consider approval of Resolution No. 27-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 212 N.W. 14th Avenue to Jesus Aguierre-Rueda and Maria Gomez for the purchase price of $53,600.00 or appraised value. (Motion to approve; Approved, 5- 0) 11. 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. 07/05/2012 - 6 - 12. FIRST READINGS: A. ORDINANCE NO. 19-12: Consider a Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from RM (Medium Density Residential) to CB D (Central Business District) for a vacant parcel located on the east side of S.W. 10 th Avenue approximately 391 feet south of West Atlantic Avenue at 35 S.W. 10 th Avenue. If passed, a public hearing will be held on July 17, 2012. (Motion to approve; Approved, 5-0) B. ORDINANCE NO. 21-12: Privately-initiated amendment to the Land Development Regulations to create Section 4.5.19, “Lin tco Development Overlay District” and amend Section 4.4.9 “General Commerc ial (GC) District”, Subsection (G), “Supplemental District Regulations” to limit the Floor Area Ratio (FAR) within the Lintco Development Overlay District, loca ted at the northwest corner of Linton Boulevard and S.W. 4 th Avenue. If passed, a public hearing will be held on August 7, 2012. (Motion to approve; Approved, 5-0) C. ORDINANCE NO. 22-12: Privately-initiated amendment to the Land Development Regulations to create Section 4.5.20, “Water ford Overlay District” and amend Section 4.4.25 “Special Activities District (SAD )”, Subsection (E) “Supplemental District Regulations” to limit the Floor Area Ratio (FAR) and residential density within the Waterford Overlay District, located south of Li nton Boulevard, east of I-95. If passed, a public hearing will be held on August 7, 2012. (Motion to approve; Approved, 5-0) D. ORDINANCE NO. 23-12: City-initiated amendments to the Land Development Regulations Section 2.4.3(K)(1) “Developm ent Applications”; Section 2.4.3(K)(3) “Permit Fees” and Section 6.3.3 “Sidewalk Café” Subsection 6.3.3(A) “Permit and Fees” to provide for an increase in certain development application and permit fees and increasing the permit fee assessed per square f oot of approved sidewalk café space. If passed, a public hearing will be held on August 7, 2012. (Motion to approve; Approved, 5- 0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JUNE 29, 2012 ****** Meeting adjourned at 8:02 p.m. ******