08-02-05 Agenda Results-Regular
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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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
Tuesday, August 2, 2005 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is en titled 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 at the specific request of individual City Commission members.
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.
100 NW 1st Avenue
De1ray Beach, Florida 33444 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243-
Fax: (561) 243-3774 7127, 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.
1. ROLL CALL. (Commissioner Ellis absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted a correction to page 31 of the July 19,2005 Minutes; Staff
requests that Item 8.], Lease Agreement with Rick Case Honda, be moved to the Regular Agenda as
Item 9.E; Additional Information for Item 10.A, Ordinance No. 56-05; Staff requests that Item 12.B,
Ordinance No. 57-05, be pulled from the agenda; Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
. July 19, 2005 - Regular Meeting (Approved as amended, 4-0)
6. PROCLAMATIONS:
. NONE
7. PRESENTATIONS:
A. Firemark Award, Liberty Mutual- Paramedic James Bunnell
B. Dr. Nancy Poulson, Interim Dean of the Harriet L. Wilkes Honors College, John D.
MacArthur Campus, Florida Atlantic University
C. Jay Alperin, Presentation of a Resolution by Old School Square on Site Master Plan
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. FINAL SUBDIVISION PLAT APPROVAL/NORTH DEL-IDA ESTATES
PLAT: Approve the subdivision plat for North Del-Ida Estates, located on the west
side of N.E. 2nd A venue, between N .E. 6th Street and N .E. 7th Street.
B. FINAL SUBDIVISION PLAT APPROVAL/WALLACE DRIVE COMMERCE
CENTER PLAT: Approve the subdivision plat for Wallace Drive Commerce Center,
located on the west side of Wallace Drive, between Poinsettia Drive and Georgia Street.
C. AGREEMENT /COMMAND SECURITY CORPORATION: Approve an
agreement with Command Security Corporation to administer the City's off-duty police
details.
D. AGREEMENT /URBAN DESIGN STUDIO, LLC: Approve a consulting
agreement with Urban Design Studio, LLC to provide architectural review services for
Beach Overlay District Projects that are governed by the Beach Design Guidelines for a
fee of $750.00 per project.
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E. SPECIAL EVENT REQUEST /CARIBBEAN AMERICAN CULTURAL
FESTIVAL: Consider a special event request to allow the 3rd Annual Caribbean
American Cultural Festival sponsored by the Caribbean American Business Association,
Inc. to be held on October 16, 2005 from 3:00 p.m. until 11:00 p.m. on the grounds of
Old School Square, including a temporary use permit per LDR Section 2.3.6(H) for the
use of a portion of N.E. 1st Avenue north of the grounds of Old School Square, staff
assistance for traffic control/security, trash removal/clean up, event signage, EMS
assistance, and barricade set up with event signage to be installed no earlier than
October 7, 2005; contingent on the sponsor providing a hold harmless agreement,
certificate of insurance, and payment of City costs per event policies/procedures.
F. FIRST AMENDMENT TO FUNDING AGREEMENT/DELRAY YOUTH
VOCATIONAL CHARTER SCHOOL: Approve the First Amendment to the
funding agreement with Delray Youth Vocational Charter School which provides for an
award of $12,000.00 and extends the current agreement through September 30, 2005.
Funding is available from 115-2126-521-83.01 (Special Projects Fund/2004 Weed and
Seed/Other Grants/Aid).
G. 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 July 26, 2005.
H. RESOLUTION NO. 53-05: Approve Resolution No. 53-05 authorizing the
reimbursement of original expenditures with proceeds of lease purchase financing of
133 Laptops for the Police Department totaling $487,977.00.
1. RESOLUTION NO. 54-05: Approve Resolution No. 54-05 authorizing a master
lease agreement with Fifth Third Bank and lease purchase financing for 133 Laptops for
the Police Department totaling $487,977.00.
J. (MOVED TO ITEM 9.E ON THE REGULAR AGENDA)
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 18, 2005 through July 29, 2005.
L. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Clarke Waste Systems, Inc. in the amount of $25,050.00 for
the purchase of an Applied Green Machine Sidewalk Sweeper Model 424 RS.
Funding is available from 119-4144-572-64.90 (Beautification Trust Fund/Other
Machinery /Equipment).
2. Purchase award to FireCo, Inc. in the amount of $21,386.00 for the purchase of
two (2) hand held ISG Kl000 Thermal Imaging Cameras for the Fire
Department. Funding is available from 115-0000-248-64.00 (Special Projects
Fund/Reserve for Fire Rescue).
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9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST /BEAST TO BEAUTY: Consider a request to
allow the establishment of a kennel to be known as Beast To Beauty, located at the
Corporate Tech Center Bay "A" (2905-A South Congress Avenue). (Quasi-Judicial
Hearing) (Motion to approve subject to changes; Approved, 4-0)
B. RESOLUTION NO. 50-05: Consider approval of Resolution No. 50-05 authorizing
the City to purchase approximately 6.02 acres of property located at the northwest
corner of S.W. 7th Avenue and Auburn Avenue; and Contract for Sale and Purchase
between the City and Auburn Trace, Ltd. in the amount of $1,500,000.00. (Motion to
approve with corrections on Resolution and Contract; Approved, 4-0)
C. CLEAR CHANNEL OUTDOOR REQUEST: Consider a request by Clear
Channel Outdoor to reduce the local billboards in exchange for three (3) new I-95
locations. Staff recommends denial. (Motion to direct staff to renegotiate to a successful
conclusion of the agreement; Approved, 3-1; Commissioner Archer dissenting)
D. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint
three (3) regular members to the Public Art Advisory Board for one (1) year terms
ending August 2, 2006 and appoint four (4) regular members for two (2) year terms
ending August 2, 2007. Based upon the rotation system, the appointments will be made
by Commissioner Ellis (Seat #1), Commissioner Archer (Seat #2), Commissioner
Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5),
Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2). (Appointed Sharon
Koskoff and approved, 4-0; appointed Vincent Dole and approved, 4-0; appointed Patricia
Truscello and approved, 4-0; appointed Kevin Rouse and approved, 4-0; and appointed Carolyn
Pendelton-Parker and approved, 4-0; Commissioner Ellis' appointments were deferred until
August 16,2005)
E. LEASE AGREEMENT WITH RICK CASE HONDA: Approve a lease agreement
with Rick Case Honda to lease nine (9) Honda Civics for thirty-six (36) months in the
total amount of $78,435.00 to support the Police Department's Volunteer Program.
Funding is available in 001-2113-521-44.40 (General Fund/Vehicle Rental/Lease).
(Approved, 4-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 56-05 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2005-2): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2005-2 and associated
Future Land Use Map (FLUM) amendments, and authorize transmittal to the State
Department of Community Affairs. Amendment 2005-2 includes:
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1. Text Amendments:
a. Future Land Use Element - Modification of the description of the
Medium Density FLUM designation to include provisions for increased
density to approximately 18 units / acre within the boundaries of special
overlay districts to accommodate higher density residential development
subject to the provision of workforce housing.
b. Future Land Use Element - Modification of the description of the
Transitional FLUM designation to include provisions for increased density
to approximately 18 units / acre within the boundaries of special overlay
districts to accommodate higher density residential development subject to
the provision of workforce housing.
c. Future Land Use Element - Modification of the description of the
General Commercial FLUM designation to include provisions for
increased density to approximately 18 units / acre within the boundaries of
special overlay districts to accommodate higher density residential
development subject to the provision of workforce housing.
d. Future Land Use Element - Add policy regarding creation of an overlay
district for the Congress Avenue Corridor to encourage the development
of Class A corporate offices.
e. Transportation Element - Add policy regarding the change of NE/SE 1st
Streets from one-way back to two way traffic.
f. Transportation Element - Add policy regarding enhancement of the US-l
corridor (NE/SE 5th Avenue and NE/SE 6th Avenue) between N.E. 4th
Street and S.E. 4th Street through beautification and the provision of
improved parking and pedestrian circulation.
g. Transportation Element - Add policy to seek the reduction of the ultimate
right-of-way for Federal Highway from 120 feet to 100 feet, north of
George Bush Boulevard.
h. Housing Element - Revise "Analysis" section to update information
pertaining to historically significant housing.
1. Open Space and Recreation Element - Update "Analysis", "Conclusions"
and "Needs and Recommendations" sections to reflect updated
conditions and to be consistent with the adopted City of Delray Beach
Parks and Recreation System Master Plan.
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2. Future Land Use Map Amendments:
a. Future Land Use Map amendment from LD (Residential Low Density 0-5
du/ac) in part and GC (General Commercial) in part, to OS (Open Space)
for the public park within the Bexley Park Subdivision, located on the east
side of Military Trail north of the L-31 Canal.
b. Future Land Use Map amendment from County CH-8 (Commercial High
with an underlying High Residential, 8 units per acre) to City GC (General
Commercial), in part, and TRN (Transitional), in part for Valero Gas
Station, Watkins Motor Lines, and Public Self Storage, Inc., located on the
west side of Military Trail, 100 feet north of Conklin Drive.
c. Future Land Use Map amendment from RDA-3 (Redevelopment Area #3)
to MD (Residential Medium Density 5-12 du/ ac) for the Lee Burke
property, located on the north side of Linton Boulevard, 660 feet west of
S.W. 4th Avenue.
d. Future Land Use Map amendment from RDA-3 (Redevelopment Area #3)
to MD (Residential Medium Density 5-12 du/ac) for the Lintco multi-family
site, located at the northwest corner of Linton Boulevard and S.W. 4th
Avenue.
(Motion to approve Ordinance No. 56-05 as amended; Approved, 4-0)
B. ORDINANCE NO. 62-05 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR), 4.4.6(D)(11),
"Medium Density Residential (RM) District; Conditional Uses and Structures Allowed",
to expand the geographical location where private beach clubs are allowed within the
RM Zoning District. If passed, a second public hearing will be scheduled for August
16,2005. (Approved, 4-0)
C. ORDINANCE NO. 61-05 (FIRST READING/FIRST PUBLIC HEARING):
Privately initiated amendment to Land Development Regulations (LDR), 4.4.19(D)(2),
"Mixed Industrial and Commercial (MIC) District; Conditional Uses and Structures
Allowed", to add the storage and rental of heavy construction equipment not over 100'
long, 14' wide, and 15' high as a Conditional Use in the MIC (Mixed Industrial and
Commercial) zoning district. If passed, a second public hearing will be scheduled for
August 16, 2005. (Motion to approve with changes, the addition of a berm, and the
appropriate wording; Approved, 4-0)
D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FIVE-YEAR
CONSOLIDATED PLAN (2005-2010) AND FISCAL YEAR 2005-2006
ANNUAL ACTION PLAN: Consider approval of the Community Development
Block Grant (CDBG) Five-Year Consolidated Plan (2005-2010) and Fiscal Year 2005-
2006 Annual Action Plan required by the Housing & Urban Development (HUD)
Department of the United States for utilization of grant funds. (Approved, 4-0)
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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.
12. FIRST READINGS:
A. ORDINANCE NO. 53-05: Rezoning from CBD (Central Business District) to CF
(Community Facilities) for a 0.78 acre parcel ofland for Delray Community Missionary
Baptist Church, located on the north and south sides of S.W. 1st Street, west of S.W. 5th
Avenue. If passed, a public hearing will be scheduled for August 16, 2005. (Approved,
4-0)
B. ORDINANCE NO. 57-05: Rezoning from PC (planned Commercial) in part, and
PRD (planned Residential Development) in part, to OSR (Open Space and Recreation)
for an 11.15 acre parcel of land for Bexley Park, located between Barwick Road and
Military Trail north of the L-31 Canal. (PULLED due to a request from staff)
C. ORDINANCE NO. 59-05: Rezoning from R-l-A (Single Family Residential) to RM
(Medium Density Residential) for a 0.5 acre parcel of land for the Lee Burke Property,
located on the north side of Linton Boulevard, approximately 660 feet west of S.W. 4th
A venue. (Approved, 4-0)
D. ORDINANCE NO. 60-05: Rezoning from R-l-A (Single Family Residential) to RM
(Medium Density Residential) for a 7.05 acre parcel of land for Lintco Properties,
generally located at the northwest corner of Linton Boulevard and S.W. 4th Avenue.
(Approved, 4-0)
E. ORDINANCE NO. 64-05: An ordinance amending Chapter 95, "Emergency
Management", by enacting Section 95.16, "Portable Generators", to provide for the
regulation of portable generators. If passed, a public hearing will be scheduled for
August 16, 2005. (Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 29,2005
****** Meeting adjourned at 8:20 p.m. ******
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