08-02-05 Minutes
AUGUST 2. 2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, August 2,2005.
1. Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Ab sent - Commissioner Rita Ellis
Also present were - David T. Harden, City Manager
Susan A. Ruby, City Attorney
Janet K. Whipple, Acting City Clerk
2. The opening prayer was delivered by Dr. Roger Richardson with Church
of the Palms.
3. The Pledge of Allegiance to the flag of the United States of America was
gIven.
4. AGENDA APPRO V AL
Mayor Perlman stated Item 12.B., Ordinance No. 57-05 has been
removed. He requested that Item 8.J., Lease A2reement with Rick Case Honda, of the
Consent Agenda be moved to the Regular Agenda as Item 9.E. Also, Mayor Perlman
stated there is additional information for Item 10.A., Ordinance No. 56-05.
Mr. Levinson moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
4 to 0 vote.
5. APPRO V AL OF MINUTES:
Mayor Perlman noted there is a correction to page 31 of the July 19, 2005
Minutes (City's Cultural Plan).
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
July 19, 2005 as amended, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 4 to 0 vote.
08/02/05
6. PROCLAMA TIONS:
None.
7. PRESENTATIONS:
7.A. Firemark Award. Liberty Mutual- Paramedic James Bunnell
Brian Anderson with Firemark stated since 1996 Liberty Mutual has been
awarding Firemark A wards around the country for either an act of heroism, assisting in a
life saving event with regard to a firefighters own personal safety or commitment to the
community in which they work and live above and beyond their call. Mr. Anderson
presented the Firemark Award to Paramedic James Bunnell. On behalf of James Bunnell,
Russell Accardi, Division Chief/Fire-Rescue Department, came forward to accept the
Firemark Award and read into the record the report regarding a house fire with the family
and 7 dogs trapped inside. Mr. Accardi recognized Mr. Bunnell for saving the life of the
family and the dogs and has earned the distinction of the 2004 Firefighter of the Year.
For the benefit of the public, Mayor Perlman announced that every year
the firefighters do a fundraising calendar costing $15.00 and James Bunnell is featured in
the calendar. Mayor Perlman encouraged everyone to support the effort.
7.B. Dr. Nancy Poulson. Interim Dean of the Harriet L. Wilkes Honors
Colle2e. John D. MacArthur Campus. Florida Atlantic University
Dr. Poulson stated Harriet L. Wilkes is named after George Cornell's wife
and thus a connection to Delray Beach.
Dr. Nancy Poulson Interim Dean of the Harriet L. Wilkes Honors College
on the John D. MacArthur Campus of Florida Atlantic University (FAU), gave a brief
PowerPoint presentation for the Honors College curriculum which focuses on liberal arts
and science and stated the Honors College was created in 1999 by the State Legislature in
an attempt to keep more of Florida's bright students in the State of Florida.
Mayor Perlman asked if there are any plans with the SCRIPPS Institute.
Dr. Poulson stated they are working on a summer institute for the summer of 2006 geared
to rising high school juniors and seniors. Furthermore, Dr. Poulson stated it would be a
three week long residential experience that would have a credit course in the morning and
SCRIPPS scientists would be lecturing in the afternoon about their research.
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7.C. Jay Alperin. Presentation of a Resolution by Old School SQuare on
Site Master Plan
Dr. Jay Alperin, President of the Board of Directors of Old School Square,
stated at the last Board meeting there was considerable discussion concerning the
proposed development of the park to be located east of Old School Square. He stated as a
result of the discussion the Board has asked Dr. Alperin to present a resolution to the
Commission. Dr. Alperin read into the record the Old School Square Resolution of the
Board of Directors.
Mayor Perlman stated he supports the Old School Square Resolution and
feels this is a tremendous opportunity to do something unique and special. He stated this
can be a dynamic park in this location and appreciates the input from Old School Square.
Mr. Levinson stated there was a great article in Governing Magazine about
the Chicago Park which talks about the redevelopment that is going on around the park
and the millions of dollars of it. He stated the City of Delray Beach needs a millennium
type park in this location and agrees that this will be a spectacular park.
Mayor Perlman stated the article said that the park has attracted a huge
amount of economic investment. In his opinion, he feels the park will add to the
downtown landscape and not detract from it.
Mr. Levinson stated before securing the services of a park designer that
the City may want to consider a design competition rather than having a traditional type
park. He suggested as it gets closer to the design of the park that the Commission have
discussion about ensuring that spectacular "wow" factor.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPRO V AL/NORTH DEL-IDA
ESTATES PLAT: Approve the subdivision plat for North Del-Ida Estates, located on
the west side ofN.E. 2nd Avenue, between N.E. 6th Street and N.E. ih Street.
8.B. FINAL SUBDIVISION PLAT APPROVALIWALLACE 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.
8.C. AGREEMENT/COMMAND SECURITY CORPORATION: Approve
an agreement with Command Security Corporation to administer the City's off-duty
police details.
8.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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8.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 ofN.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.
8.F. FIRST AMENDMENT TO FUNDING AGREEMENT/DELRA Y
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).
8.G. RA TIFICA TION 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.
8.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.
The caption of Resolution No. 53-05 is as follows:
DECLARATION OF OFFICIAL INTENT WITH
RESPECT TO REIMBURSEMENT OF TEMPORARY
ADV ANCES MADE FOR CAPITAL EXPENDITURES
TO BE MADE FROM SUBSEQUENT BORROWINGS.
(The official copy of Resolution No. 53-05 is on file in the City Clerk's
office. )
8.1. 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.
The caption of Resolution No. 54-05 is as follows:
A RESOLUTION AUTHORIZING THE EXECUTION
AND DELIVERY OF A MASTER LEASE
AGREEMENT, EQUIPMENT SCHEDULE NO. 01 AND
RELATED INSTRUMENTS, AND DETERMINING
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OTHER MATTERS IN CONNECTION THEREWITH.
(The official copy of Resolution No. 54-05 is on file in the City Clerk's
office. )
8.J. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.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.
8.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
MachineryÆquipment ).
2. Purchase award to FireCo, Inc. in the amount of$21,386.00 for the
purchase of two (2) hand held ISG KI000 Thermal Imaging
Cameras for the Fire Department. Funding is available from 115-
0000-248-64.00 (Special Projects Fund/Reserve for Fire Rescue).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded
by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed
with a 4 to 0 vote.
9. REGULAR AGENDA:
9.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)
Mayor Perlman read the Quasi-Judicial procedures for a Quasi-Judicial
Hearing for this item.
Janet Whipple, Acting City Clerk, swore in those individuals who wished
to give testimony.
Mayor Perlman asked the Commission to disclose their ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2005-223 into the record.
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Mr. Dorling stated this is a proposal to establish a kennel within a 3,196
square foot bay in the existing Corporate Tech Center located north of the Sun-Sentinel
building. The proposed use will provide day care and overnight kenneling, retail sales,
and grooming for household pets. The hours of operation will be Monday through Friday
from 7:00 a.m. to 7:00 p.m. and Saturday from 9:00 a.m. to 6:00 p.m. The proposal
indicates that the dogs will be walked within the 25 foot deep landscape strip along
Congress Avenue and interior landscape areas along the north side of the building subject
to the condition of approval that all solid waste be immediately picked up and placed in
sealed containers prior to disposal.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing. After brief discussion, the Board voted 6-0 to recommend approval of the
conditional use request, based upon positive findings with respect to Section 3.1.1 and
Section 2.4.5(E)(5) [does not create a detrimental effect on adjacent properties nor hinder
development], and policies of the Comprehensive Plan, subject to the condition of
approval that all solid waste be immediately picked up and placed in sealed containers
prior to disposal.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, to come forward at this time.
Mr. Levinson asked if this will be inconsistent with the original plan for
the Congress Avenue corridor (commercial core gateway). Mr. Dorling stated given its
location he does not believe it will be inconsistent because it is a developed site at the far
south end.
Ms. McCarthy expressed concern that people from Delray Oaks were not
notified and asked if there was a reason for this. Mr. Dorling stated they were probably
outside the 500 feet but he will check into it. Ms. McCarthy stated, in looking at the
layout of the building, there appears to be a lot of space behind the break room and asked
if this is allocated for parking and if not is there a reason why this area is not being
grassed and fenced in for the dogs to be exercised, etc.
Janet Whipple, Acting City Clerk, swore in Michelle Martiya Martins, the
applicant for the project.
Michelle Martiya Martins, applicant, briefly explained the diagram.
Mrs. Archer asked if there is any protection for the animals such as a
natural boundary to stop them from running into the street. Mr. Dorling stated there is no
physical boundary but emphasized the dogs will be on leashes. He also stated there is an
area to walk the dogs located on Congress A venue west of the building, and an area north
of the building, internal to the site. Mrs. Archer asked if there would be anyone on the
premises overnight and if there will be crates inside the rooms where the dogs will be
kept overnight. Ms. Martins stated both rooms and cages will be used and there will be a
surveillance system set up which she can monitor from her home. However, Ms. Martins
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stated no one will be staying overnight. Ms. Martins stated the entire back area of the
warehouse will be air conditioned with no roof on the rooms and there will be gate in the
front but the plans are still tentative.
Brief discussion followed regarding where the dogs will be walked.
Ms. Archer expressed concerned whether or not there is ample room to
walk all the dogs. Ms. Martins stated there will be approximately 20-30 dogs maximum
and is looking into the pros and cons of double leashing the dogs.
Mrs. Archer moved to approve the Conditional Use request to establish a
kennel for Beast to Beauty, subject to the condition of approval that all solid waste be
immediately picked-up and placed in sealed containers prior to disposal, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to
o vote.
9.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. ih Avenue and Auburn Avenue; and Contract for Sale and
Purchase between the City and Auburn Trace, Ltd. in the amount of$I,500,000.00.
The caption of Resolution No. 50-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF
DELRA Y BEACH, FLORIDA; PROVIDING FOR A
PUBLIC HEARING AND AN EFFECTIVE DATE.
(The official copy of Resolution No. 50-05 is on file in the City Clerk's
office. )
The City Attorney stated this is a resolution regarding the acquisition of
property. She noted a correction to the legal description and stated it should read "All of
Tract B". In addition, the City Attorney stated paragraph D under Roman Numeral XI in
the contract (Special Clauses) should be omitted. She stated the purchase price is
$1,500,000.00 for 6.02 acres of land. The Agreement also provides that Auburn Trace
will provide the Palm Beach County School District with an easement for drainage
purposes within 60 days of closing. Staff is working with the School District on the exact
perimeters of the easement (legal description).
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08/02/05
The City Manager stated acquisition of this property accomplishes several
things; it satisfies the need the Village Academy has for a stormwater retention area; the
City has worked with the County on how to get the new Head Start facility built on the
western portion of this tract which in turn will free up the existing Head Start land to
expand the Catherine Strong Park. For this reason, the City Manager stated he
recommends using the Park's acquisition funds for a portion of this cost. He stated this
area has been an eyesore for years and will become a part of the City's stormwater
management system and the City will operate and maintain it.
Brief discussion followed by the Commission regarding the new Head
Start Program.
Mayor Perlman expressed concern over the fate of the Teddy's Baseball
Field (located at Carver Estates), which was named after Pastor Theodore Bush's son,
stated the family that originally endowed the field is concerned that this could go away in
the redevelopment of this project and they are willing to relocate it and pay the costs
because it is important for them to maintain it.
Mr. Levinson moved to approve Resolution No. 50-05 as amended and the
Contract for Sale and Purchase as amended, seconded by Ms. McCarthy. Upon roll call
the Commission voted as follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote.
9.C. CLEAR CHANNEL OUTDOOR REQUEST: Consider a request by
Clear Channel Outdoor to reduce the local billboards in exchange for three (3) new 1-95
locations. Staff recommends denial.
Paul Dorling, Director of Planning and Zoning, stated he and Lula Butler,
Director of Community Improvement, reviewed these properties and they are currently
zoned GC (General Commercial) A (Agricultural), and MIC (Mixed Industrial and
Commercial) and are underdeveloped sites. While Florida Statutes prohibits the City
from requiring the removal of billboards with development or redevelopment, nothing
prohibits the underlying landowners from not renewing existing leases and voluntarily
removing the billboards. Staff recommends denial.
Mr. Levinson stated most of these billboards are in the middle of or
adjacent to commercial properties.
Brief discussion by the Commission followed regarding the relocation of
the billboards.
Geoff Sluggett, representing Clear Channel Outdoor, stated the City would
get an overall gross reduction in the number of billboards in the City and get them placed
on the major interstate where the heavy commercial uses tend to be. Mr. Sluggett stated
in the staff report it mentions that the three proposed sites are currently undeveloped
properties and this is not the case. He urged the Commission to support the proposal to
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remove four (4) billboards from residential areas in exchange for three (3) new sites to
industrial along 1-95 within the City of Del ray Beach municipal city limits.
Mr. Dorling noted the staff report stated the properties are currently
underdeveloped not undeveloped as indicated by Mr. Sluggett.
The City Attorney stated there is a Billboard Relocation Agreement with
important blanks in it which would take further negotiation. At this point, the City
Attorney suggested that the Commission give staff direction and bring back an
appropriate agreement.
Mr. Levinson moved to approve to direct staff to negotiate a successful
conclusion to the agreement, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 3 to 1 vote, Commissioner Archer dissenting.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.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:
The caption of Ordinance No. 56-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING
COMPREHENSIVE PLAN AMENDMENT 2005-2,
PURSUANT TO THE PROVISIONS OF THE "LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND
LAND DEVELOPMENT REGULATION ACT", FLORIDA
STATUTES SECTION 163.3161 THROUGH 163.3243,
INCLUSIVE; ALL AS MORE P ARTICULARL Y
DESCRIBED IN EXHIBIT " A" ENTITLED
"COMPREHENSIVE PLAN AMENDMENT 2005-2" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 56-05 is on file in the City Clerk's office.)
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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 A venue Corridor to
encourage the development of Class A corporate offices.
e. Transportation Element - Add policy regarding the change of
NE/SE 1 st Streets from one-way back to two way traffic.
£. Transportation Element - Add policy regarding enhancement
of the US-l corridor (NE/SE 5th A venue 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.
& 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.
h Open Space and Recreation Element - Update "Analysis",
"Conclusions" and "Needs and Recommendations" sections
to reflect updated conditions and to be consistent with the
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adopted City of Delray Beach Parks and Recreation System
Master Plan.
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.
Ron Hoggard, Senior Planner stated this is the second Comprehensive
Plan Amendment for this year (05-2). He presented a brief overview of the amendment
which included three (3) City initiated Future Land Use Map Amendments, one privately
initiated Future Land Use Map Amendment, and nine (9) text changes.
Mr. Hoggard entered the Planning and Zoning Department project file
#2005-260 and #2005-291 into the record.
Staff recommends approval of the Comprehensive Plan Amendment on
First Reading of the ordinance and transmittal to the State for their review.
Mayor Perlman declared the public hearing open.
Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated the wording in
the Federal Highway amendment itself should include bicycle lanes. He urged the
Commission to either table this item or add the bicycle lanes.
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08/02/05
There being no one else who wished to address the Commission regarding
Ordinance No. 62-05, the public hearing was closed.
Ms. McCarthy asked what this will be transitioned to. Mr. Hoggard stated
the initial zoning on these properties will be to accommodate the existing uses and noted
there is no proposal to make any changes at this time. Mr. Dorling stated the transitional
land use designation is the advisory designation that has been on the property for quite
some time. The transitional allows a mix of uses including multi-family and office
development, with limited commercial development. Mr. Dorling stated as Mr. Hoggard
has indicated, the zoning will allow the existing industrial uses to continue and the land
use designation would encourage a more consistent designation on any future
development.
Mayor Perlman asked if there was any consideration regarding the bicycle
lanes. Mr. Hoggard stated the policy in the Plan is to change the right-of-way from 120
feet to 100 feet which is currently a section of the road.
Mr. Dorling stated there have been some sketches and some alternatives
that have been produced by Kimley-Horn (Urban Design firm) and each of these includes
bike lanes which is a requirement.
Mr. Levinson suggested adding the word "safe" or "safety" to the last line
on page 4.
The City Attorney noted the change should read: "Improved safety,
parking, and pedestrian circulation."
Mr. Levinson moved to approve Ordinance No. 56-05 as amended on First
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes.
Said motion passed with a 4 to 0 vote.
10.B. ORDINANCE NO. 62-05 (FIRST READING/FIRST PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR),
4.4.6(D)(II), "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.
The caption of Ordinance No. 62-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.6, "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT", SUBSECTION
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4.4.6(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", TO EXPAND THE
GEOGRAPHICAL LOCATION WHERE PRIVATE
BEACH CLUBS ARE ALLOWED WITHIN THE RM
ZONING DISTRICT; PROVIDING A SA VING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 62-05 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a privately-
initiated amendment to the LDR, submitted on behalf of the owners of the Seagate Beach
Club to allow the inclusion of the Seagate Beach Club within the geographic area of the
RM (Medium Density Residential) zone district where private beach clubs are allowed.
Mr. Dorling stated the purpose for the proposed amendment is to provide an opportunity
for the petitioner's Club to remove its non-conforming/grandfathered status into that of a
conditional use. A reconfiguration of the site will enable the driveway to be pulled back
from the roadway, reducing the potential for traffic conflicts and congestion. This will be
even more critical with the road widening scheduled to occur at that portion of AIA.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing regarding the amendment. There was public testimony from a person in
support of the proposed changes. After discussing the amendment, the Board voted 6-0
to recommend to the City Commission approval of the proposed amendment.
Mayor Perlman declared the public hearing open.
Thomas F. Carney, Jr. representing the Seagate Beach Club, urged the
Commission to support the proposal.
There being no one else who wished to address the Commission regarding
Ordinance No. 62-05, the public hearing was closed.
Ms. McCarthy moved to approve Ordinance No. 62-05 on First
Reading/First Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission
voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs.
Archer - Yes. Said motion passed with a 4 to 0 vote.
10.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
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08/02/05
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.
The caption of Ordinance No. 61-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.19, "MIXED
INDUSTRIAL AND COMMERCIAL (MIC)
DISTRICT", SUBSECTION 4.4. 19(D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED", TO ADD THE STORAGE AND
RENTAL OF HEAVY EQUIPMENT AS A
CONDITIONAL USE IN THE MIC ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 61-05 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Del ray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this is a privately
initiated LDR text amendment. This amendment should be analyzed as a non-site
specific application as it affects all areas within the City that are zoned MIC. However,
the amendment was initiated by Hunter Crane in order to operate its business at the
former Shaw Trucking site at 2189 West Atlantic Avenue (west of the northwest corner
of Congress Avenue and West Atlantic Avenue). Shaw Trucking operated its business up
to February, 2003 at which time the business ceased operation. Hunter Crane was cited
on February 25, 2004 for conducting business without an occupational license. The
occupational license denial was based on the determination that the use fell within the
classification of "heavy equipment and tool rental" which is not an allowed use within the
MIC zoning district.
At its meeting of February 28, 2005, the Planning and Zoning Board
considered the applicant's original LDR text amendment which redefined the dimensions
of light construction equipment storage and rental to accommodate the large construction
equipment. The Planning and Zoning Board postponed the text amendment and directed
the applicant to work with staff to add a new use category for the storage and rental of
heavy storage equipment rather than redefining the dimensions to be considered under
light construction use. The applicant has added a 250 foot separation requirement from
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08/02/05
any arterial roadway (except Interstate 95) for this use. The revision also includes buffer
requirements that include either a six foot high wall or six foot high hedge together with
increase perimeter landscape buffer and trees or a provision of a ten foot minimum
landscape buffer with trees planted twenty-five feet on center around the perimeter of the
storage area.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing regarding this item. There was no public testimony regarding the
proposed amendment. After discussing the amendment, the Board unanimously voted 6-
o to recommend approval of the proposed amendment.
Jason Mankoff, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray
Beach, stated he agrees with the staff report and was present for any questions the
Commission may have.
Mrs. Archer asked if this opens the door for other requests of this type, if
it is approved in the district. Mr. Dorling stated it would be allowed on very limited sites.
However, he stated although it would be limited there are specific buffer requirements
and staff would have the ability to consider this on a case-by-case basis when the
conditional use is addressed.
Mrs. Archer asked if this will be seen from the new Atlantic High School
site. Mr. Dorling stated there is a specific requirement that in the text amendment that if
the site is abutted by a school or residential area that there would be a minimum six foot
berm, or wall and hedge, and trees twenty-five feet on center, along with the landscaping
buffer that would have to surround any storage area. Mr. Dorling stated that through the
conditional use process there is also the ability that none of the equipment can be stored
in their raised condition to mitigate the impacts.
Mrs. Archer asked if the storage equipment will be fourteen feet high in
their down position. Mr. Dorling stated there are a few large cranes that would be
fourteen feet high in their down position.
Ms. McCarthy stated if they are fourteen feet high and we only have six
foot buffers why bother having the buffers. Mr. Dorling stated in the situation where
there is a berm, it is envisioned that the hedge would be on top of the berm. If there is a
six foot wall and a six foot hedge, the hedge would go in front of the wall and the trees
would be planted twenty-five feet on center which would provide the blockage of
visibility at the higher levels. Mr. Dorling stated with the conditional use process, the
Commission could opt for a berm and a six foot hedge providing twelve feet of relief.
Ms. McCarthy stated if we do not want it to be an eyesore she would support having at
least a twelve foot buffer.
The City Manager suggested that the staff report be rewritten so that the
requirement is a six foot berm and a hedge or wall on top of the berm.
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08/02/05
Mr. Mankoff stated they will change the language accordingly.
The City Attorney stated this should be rewritten to state "it shall have a
six foot berm and either a six foot high wall on top or a six foot high hedge on top."
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 61-05, the public
hearing was closed.
Mrs. Archer moved to approve Ordinance No. 61-05 with the changes and
the addition of the berm and revised wording on First Reading/First Public Hearing,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
10.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 (RUD) Department
of the United States for utilization of grant funds.
Lula Butler, Director of Community Improvement, stated this item is
before the Commission for approval of the Five Year Consolidated Plan and 2005-2006
Annual Action Plan required by the United States Housing and Urban Development
Agency (RUD) for utilization of grant funds. The Five Year Plan is the City's Plan
which addresses the needs for low and moderate income households over the next five
years and explains the strategy of how the City will utilize the allocation received on an
annual basis, identifies the community needs and resources, and how program and
services will be implemented. Ms. Butler stated the Consolidated Plan was done in
conjunction with the City's consultant Joe Gray. In addition, Ms. Butler stated Kendra
Graham, Community Development Administrator, wrote the report. Ms. Butler stated the
national objectives the City is required to meet are designed to provide low and moderate
income housing to persons, prevent and eliminate "blight and slum" and address the
urgent need of the community. RUD requires a Citizen Participation Process to be in
place and in that regard, staff did a number of things differently this year.
Ms. McCarthy commented she is excited about the sidewalks.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding this item, the public
hearing was closed.
Mayor Perlman acknowledged that the Community Child Care Center
(one of the City's recipients) was present this evening.
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08/02/05
Prior to the vote, Mayor Perlman stated this year the funding for CDBG
was "touch and go" on a Federal level. He stated the US Conference of Mayors, as well
as, a number of other municipal groups was involved in heavy lobbying because this was
in danger of going away. Mayor Perlman stated this is a good investment for the City
and urged everyone to continue to be vigilant with regard to funding. He suggested they
write their Congressmen and Senators because the City cannot afford to lose any dollars.
Mrs. Archer moved to approve the Community Development Block Grant
(CDBG) Five Year Consolidated Plan (2005-2010) and Annual Action Plan for Fiscal
Year 2005/2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy
- Yes. Said motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquires on Non-Agenda Items from the City Manager and the Public.
II.A. City Mana2er's response to prior public comments and inauiries.
The City Manager stated all the inquiries at the last meeting were related
to the eminent domain issue and at this time he has nothing to add to those comments.
11.B. From the Public.
11.B.1. Jim Smith. 1225 S. Ocean Boulevard. Delray Beach. stated S.A.F.E.
(Safety As Floridians Expect) completed a safety analysis of Federal Highway and
identified 26 dangerous conditions. He stated S.A.F.E. met with Representative Adam
Hasner and presented the analysis to the new FDOT Chairman (Jim Wolfe) along with
his four lieutenants. They are working on a program to identify and correct these issues.
Mr. Smith stated FDOT is installing 30 new sidewalk corners to make them handicapped
accessible, and will look into the installation of a pedestrian crossing for children to
attend the 505 Club. He urged the Commission to support S.A.F.E's proposal.
11.B.2. Charles Bonfield. 220 MacFarlane Drive. Delray Beach. President and
Co-Founder of S.A.F.E., stated S.A.F.E. has completed a safety study and prepared a
PowerPoint presentation that has been given to members of FDOT (Florida Department
of Transportation), the City Engineer, to Bill Wood at the Chamber of Commerce, and
Diane Colonna at the CRA (Community Redevelopment Agency). Mr. Bonfield
distributed a copy of the report to Mayor Perlman and the City Manager and noted there
are many deficiencies for sidewalks particularly for handicapped people and for bicycle
lanes. He stated if the Commission desires to do so, he can return in the future and
present the PowerPoint presentation to the Commission.
11.B.3. Gerrv Franciosa. 939 Eve Street. Delray Beach President of PROD
(Pro2ressive Residents of Delray). commented about the questionnaire on the City's
website regarding the videotaping of Commission meetings and other City meetings. He
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08/02/05
stated PROD is not having anyone officially tape any meetings and commented the
taping is being done by individuals not associated with PROD.
Secondly, he stated there was a letter posted on the City's website by the
City Attorney regarding the eminent domain actions taken by the City of Delray Beach.
Mr. Franciosa stated the list includes the City's eminent domain cases and the CRA's
eminent domain cases and suggested adding another category to this list entitled
"Properties Taken by Threats of Eminent Domain". In his opinion, the public has a right
to know that there were homesteaded properties taken by threat of eminent domain. Mr.
Franciosa stated although the homeowner would receive a fair amount of money from the
City, the homeowner does not feel they have an option whether or not to sell the property.
Therefore, Mr. Franciosa suggested that all these properties be listed and made a part of
the letter so that people can make a fair evaluation of what the City has done in the past
15 years regarding eminent domain. He stated also in the letter (City's eminent domain
case #6 M&P Products) the 1996 date may be incorrect because he does not believe this
property was taken by eminent domain in 1996 for Atlantic High School.
At this point, the time being 7:55 p.m., the Commission moved back to
Item 9.D. of the Regular Agenda.
9.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).
Mayor Perlman stated due to the absence of Commissioner Ellis her
appointments will be deferred to the regular meeting of August 16,2005.
Mrs. Archer moved to appoint Sharon Koskoff as a regular member to the
Public Art Advisory Board for a one (1) year term ending August 2, 2006, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
4 to 0 vote.
Mr. Levinson moved to appoint Vincent Dole as a regular member to the
Public Art Advisory Board for a one (1) year term ending August 2, 2006, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a
4 to 0 vote.
Ms. McCarthy moved to appoint Patricia Truscello as a regular member to
the Public Art Advisory Board for a two (2) year term ending August 2, 2007, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes;
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08/02/05
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes. Said motion passed
with a 4 to 0 vote.
Mayor Perlman stated he wished to appoint Kevin Rouse as a regular
member to the Public Art Advisory Board for a two (2) year term ending August 2,2007.
Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission
voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 4 to 0 vote.
Mrs. Archer moved to appoint Carolyn Pendelton-Parker as a regular
member to the Public Art Advisory Board for a two (2) year term ending August 2,2007,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 0 vote.
9.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 III 001-2113-521-44.40 ( General Fund/Vehicle
Rental/Lease).
The City Manager stated this item is before the Commission to approve a
lease agreement to support the Police Department's Volunteer Program. Staff obtained
prices from several different makes and also had the vehicles tested by the volunteers.
Staff recommends that the City lease the Honda Civics based on the volunteer
satisfaction.
Officer Andrew Arena, Delray Beach Police Department, stated several of
the vehicles were tested and noted that the first vehicle was a verbal quote because he
was unable to get a written quote from the dealership. The Honda was the second lowest
written quote and recommends approval of a lease agreement with Rick Case Honda to
lease nine (9) Honda Civics for the Police Department's Volunteer Program.
Mr. Levinson moved to approve the lease agreement with Rick Case
Honda to lease nine (9) Honda Civics for the Police Department's Volunteer Program,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 53-05: Rezoning from CBD (Central Business
District) to CF (Community Facilities) for a 0.78 acre parcel of land for Delray
Community Missionary Baptist Church, located on the north and south sides of S.W. 1st
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08/02/05
Street, west of S.W. 5th Avenue. If passed, a public hearing will be scheduled for August
16,2005.
The caption of Ordinance No. 53-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED CBD (CENTRAL BUSINESS DISTRICT)
DISTRICT TO CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING A PARCEL
LOCATED ON THE NORTH AND SOUTH SIDES
OF SW 1ST STREET, WEST OF SW 5TH AVENUE, AS
MORE PARTICULARL Y DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRA Y BEACH,
FLORIDA, APRIL 2005"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 53-05 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated this is a rezoning for
Delray Community Missionary Baptist Church located at 94 S.W. 5th Avenue (northwest
corner of S.W. 1st Street and S.W. 5th Avenue). The subject property has been rezoned
several times beginning in 1990 with the City-wide rezoning, from RM-6 (Multiple
Family Residential-6 du/ac) to RM (Medium Density Residential). In conjunction with
the adopted Delray Beach Downtown Master Plan, the City Commission on October 19,
2004, approved Ordinance No. 31-04 which rezoned the subject site from GC (General
Commercial) to CBD (Central Business District).
The proposed rezoning is to go from CBD (Central Business District) to
CF (Community Facilities). Mr. Dorling stated currently the CF does not allow churches
and the church proposes to renovate the existing building to accommodate a
meeting/fellowship hall and the construction of a 3,500 square foot sanctuary with
classrooms and associated parking on the vacant parcels.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the request. There was no public testimony in support
of or opposition to the proposal. After reviewing the staff report and discussing the
proposal, the Board voted 6-0 to recommend approval of the rezoning.
Mrs. Archer moved to approve Ordinance No. 53-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
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08/02/05
motion passed with a 4 to 0 vote.
12.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
12.C. ORDINANCE NO. 59-05: Rezoning from R-I-A (Single Family
Residential) to RM (Medium Density Residential) for a 0.5 acre parcel ofland for the Lee
Burke Property, located on the north side of Linton Boulevard, approximately 660 feet
west ofS.W. 4th Avenue.
The caption of Ordinance No. 59-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-I-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL LOCATED ON THE NORTH SIDE OF
LINTON BOULEVARD, 660 FEET EAST OF SW 4TH
A VENUE AS MORE P ARTICULARL Y DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SA VING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 59-05 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the subject property
is a 0.5 acre parcel, which contains an existing single family residence. The property is
located within the Southridge/S.W. 4th Avenue Redevelopment Area. A proposal has
been submitted to construct a multiple family development that will include workforce
housing on the adjacent vacant 7.05 acres known as Lintco properties.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the FLUM amendment and rezoning. There was no
public testimony regarding the requests. After reviewing the staff report and discussing
the FLUM amendment and rezoning, the Board voted 6-0 to recommend approval of the
proposed FLUM Amendment from RDA #3 (Redevelopment Area #3) to MD (Medium
Density Residential) and Rezoning from R-I-A (Single Family Residential) to RM
(Medium Density Residential) for the Lee Burke Property.
Mrs. McCarthy moved to approve Ordinance No. 59-05 on FIRST
Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes.
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08/02/05
Said motion passed with a 4 to 0 vote.
12.D. ORDINANCE NO. 60-05: Rezoning from R-I-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.
The caption of Ordinance No. 60-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED R-I-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT TO RM (MEDIUM DENSITY
RESIDENTIAL) DISTRICT; SAID LAND BEING A
PARCEL LOCATED AT THE NORTHWEST
CORNER OF LINTON BOULEVARD AND SW 4TH
A VENUE AS MORE P ARTICULARL Y DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRA Y
BEACH, FLORIDA, APRIL 2005"; PROVIDING A
GENERAL REPEALER CLAUSE, A SA VING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 60-05 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the rezoning
involves 12 parcels (7.05 acres), which are located within the Southridge/S.W. 4th
A venue Redevelopment Area. A development proposal has been submitted to construct a
multiple family development that will include workforce housing on the properties.
At its meeting of July 18, 2005, the Planning and Zoning Board held a
public hearing in conjunction with the FLUM amendment and rezoning. There was no
public testimony regarding the requests. The Board voted 6-0 to recommend approval of
the proposed FLUM Amendment from RDA #3 (Redevelopment Area #3) to MD
(Medium Density Residential) and Rezoning from R-I-A (Single Family Residential) to
RM (Medium Density Residential) for the Lintco property.
Mrs. Archer moved to approve Ordinance No. 60-05 on FIRST Reading,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 4 to 0 vote.
12.E. ORDINANCE NO. 64-05: An ordinance amending Chapter 95,
"Emergency Management", by enacting Section 95.16, "Portable Generators", to provide
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08/02/05
for the regulation of portable generators. If passed, a public hearing will be scheduled for
August 16,2005.
The caption of Ordinance No. 64-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 95, "EMERGENCY
MANAGEMENT", BY ENACTING SECTION 95.16,
"PORTABLE GENERATORS", TO PROVIDE FOR THE
REGULATION OF PORTABLE GENERATORS;
PROVIDING A SA VING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 64-05 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Mr. Levinson stated it is great that the City is doing this. He stated from a
practical standpoint, people will still place generators in their garage and this will allow
the City to enforce the ordinance.
Ms. McCarthy moved to approve Ordinance No. 64-05 on FIRST
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes.
Said motion passed with a 4 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
B.A. City Mana2er
The City Manager provided the Commission with an updated "Save Our
Homes" chart and stated if there was an additional $1. 5 billion on the tax roll the City's
millage could be reduced to 6.4 mills.
Secondly, the City Manager stated he was contacted today by the Palm
Beach County Emergency Operations requesting him to serve on an Advisory Panel that
will be updating Palm Beach County's Post Disaster Redevelopment Plan.
He stated the consultant for the Old School Square parking garage has
asked if the City would like to have a scale model done. The model would include a fully
detailed site with all roads, walks, landscape, cars, people, etc. The City Manager stated
a one-eighteenth scale would cost $18,000 and one-eighth scale would cost $20,000.
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08/02/05
It was the consensus of the Commission to not purchase a model of the
Old School Square parking garage.
The City Manager stated Chief Schroeder has asked him to inform the
Commission that the telephone survey for public attitudes in the Police Department will
begin tomorrow. The written survey in Creole will be distributed on Sunday.
Lastly, the City Manager stated Mr. Doug Smith has been hired as the new
Assistant City Manager and will begin his employment with the City of Delray Beach on
September 26, 2005. The City Manager stated Mr. Smith is currently the Assistant
Village Manager for the Village of North Palm Beach.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Commission
13.C.1. Mrs. Archer
Mrs. Archer stated she had the opportunity to attend the CRA meeting
with the public presentation of the Cluster Study and it was very well received. She
looks forward to new and great things happening.
13.C.2. Ms. McCarthy
Ms. McCarthy had no comments or inquiries on non-agenda items.
13.C.3. Mr. Levinson
Mr. Levinson stated he was in Gainesville working on his home last week
and Russ Blackburn, who is the Palm Beach County Administrator, is one of the four
finalists for the City Manager position in Gainesville.
Secondly, Mr. Levinson stated he received an email today from the
Temple Sinai that they held a traditional welcome ceremony for the new Atlantic High
School. He stated the event was great and was followed by a tour of the high school.
Mr. Levinson congratulated Addie Greene regarding the Head Start
Program and stated Joe Gray was a key component of the Southwest Plan to make sure
that the complex became a City center for community services.
Mr. Levinson stated he was intrigued by The Late Late Show with Craig
Ferguson. Mr. Ferguson had given a glowing review on Delray Beach. Mr. Levinson
stated he has tickets to The David Letterman Show and will make it a point to thank
Craig Ferguson for his endorsement.
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08/02/05
He commented about an article written by Toni Marshall of the Sun-
Sentinel (Broward Edition) regarding the BSO (Broward Sheriffs Office) who reached
out to immigrants with a course in law enforcement. The BSO held a Haitian Police
Academy which was modeled after the Delray Beach Haitian Police Academy. Mr.
Levinson stated it is nice that people are recognizing the wonderful things Delray Beach
is doing. In addition, Mr. Levinson commented about an article written by Yolanda
Sanchez in the Sun-Sentinel (Broward Edition) which talked about all the changes on Las
Olas Boulevard and how they are modeling after Atlantic Avenue in Delray Beach.
Mr. Levinson suggested that staff add the following gesture from Kilwins
in the News for Neighborhoods (which is mailed out with the water bills): "On
Tuesdays, 20% of the proceeds will go to the Miracle League."
He commented about an article "Building a City Brand on the Tennis
Circuit". He also commented about another article which profiled Andy Roddick at the
Delray Beach Tennis Center.
He stated he had the opportunity to meet with Bob McFall who is the new
Director of the Area Agency on Aging and noted the agency is very anxious to assist the
City of Delray Beach in program design and negotiating of any agreement with the Mae
V olen Senior Center. Mr. Levinson stated Mr. McFall would like to discuss the available
funding which might be appropriate for the City of Delray Beach to apply for in addition
to Federal and State funding. Mr. Levinson distributed a booklet of their services to the
City Manager.
Mr. Levinson stated the Delray Beach Police Department crime rates have
decreased substantially.
He stated he is a member of the Treasure Coast Regional Planning Council
and commented about the first joint meeting of the South Florida Regional Planning
Council (Monroe, Dade, and Broward Counties) and the Treasure Coast (Palm Beach,
Martin, St. Lucie, and Indian River Counties) and feels it was terrific that both groups
were able to get together to discuss the issues jointly.
Lastly, Mr. Levinson stated he spoke to Commissioner Ellis this afternoon
and commented she is very ill and she sends her regards.
13.CA. Mayor Perlman
Mayor Perlman stated Florida Trend Magazine has a feature this month
regarding "hot" downtowns throughout the State, and Delray Beach is prominently
featured. He noted Delray Beach will be hosting the Small Town Downtowns in October
with Mayor's from all over the State. He stated this is very exciting and information is
available on-line.
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08/02/05
With regard to the article Mayor Perlman mentioned, Mr. Levinson stated .-
there was a comment made in the article that there was no grocery store or drug store
downtown. He noted that there is a grocery store four blocks away which is considered
downtown and asked if Ivan Ladizinsky, Public Infonnation Officer, could send an email
to Florida Trend infonning them.
Mayor Perlman stated at the last meeting he mentioned that the City of
Delray Beach was contacted by the Mayor's Office in Winnipeg, Canada and noted that
they found us through Otis White's website and his column in Governing Magazine.
Mayor Sam Katz from Winnipeg has a Chief of Staff and she visited last week and
wanted to know how the City succeeded particularly in civic engagements. Mayor
Perlman stated there will be a National Summit convening in Winnipeg, Canada in May
2006 and Delray Beach will be one of the case studies.
Lastly, he stated he has received very positive comments regarding the
sidewalk café ordinance, and that it has made a tremendous difference.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:20 p.m.
- ~ ~h:f1f\Dg .I -
Acting City Clerk
ATTEST:
~f ~ .......
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
infonnation provided herein is the Minutes of the Regular City Commission Meeting held
on August 2, 2005, which Minutes were fonnally approved and adopted by the City
Commission on August 16, 2005
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Ac Illg City Clerk -
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08/02/05
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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08/02/05