12-06-05 Agenda Results Regular
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
City Commission Meeting 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, December 6, 2005
Generally, remarks
and the right to limit discussion rests with the Commission.
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.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
A.
Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
section.
Delray Beach City Hall
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 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
The City will furnish auxiliary aids and services to afford an individual with a
Delray Beach, Florida 33444
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
Phone: (561) 243-7000
7127, 24 hours prior to the event in order for the City to accommodate your
Fax: (561) 243-3774
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1.ROLL CALL.
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Mayor noted Item 8.0, Initiation of Proposed Ordinance changing Land
Development Regulations was added to the Consent Agenda by Addendum; Additional Information for
Items 9.A, Conditional Use Request/Atlantic Plaza; 9.C, Appeal of the Site Plan Review and Appearance
Board Action/Seagate Hotel at Atlantic Place; 9.D, Appeal of the Site Plan Review and Appearance
Board Action/Hotel Vista Del Mar; and 9.L, Appointments to the Education Board; Approved as
amended, 5-0)
5.APPROVAL OF MINUTES:
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November 15, 2005 – Regular Meeting (
Approved, 5-0)
6.PROCLAMATIONS:
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NONE
7.PRESENTATIONS:
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NONE
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
A.RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarter Annual Meeting of November 17, 2005.
B.UTILITY EASEMENT/FLORIDA POWER AND LIGHT: Approve a utility
easement document granting to Florida Power and Light the means to install/maintain
a transformer within the Catherine Strong Park to supply power to the new water park.
C.HOLD HARMLESS AGREEMENT/COLONIAL FIREWORKS DISPLAYS
AND MANUFACTURING COMPANY: Approve and accept a hold harmless
agreement with Colonial Fireworks Displays and Manufacturing Company for the
Fireworks presentation for First Night 2005.
D.BROKER CONTINGENCY COMMISSIONS AND GENERAL
RELEASE/ARTHUR J. GALLAGHER & COMPANY: Approve a settlement in
the amount of $309.03 and execution of a General Release with Arthur J. Gallagher &
Company regarding contingency commissions.
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E.SECOND AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/
AUBURN TRACE: Approve the Second Amendment to the Contract for Sale and
Purchase between the City and Auburn Trace, LTD. to extend the closing date to
January 31, 2006.
F.MODIFICATION TO DEPARTMENT OF ENVIRONMENTAL
PROTECTION (DEP) CONTRACT/BEACH RENOURISHMENT: Approve
a modification to the Department of Environmental Protection (DEP) Contract No.
99PB2 regarding funding related to the Year 2002 Beach Renourishment Project.
G.PUBLIC ART ADVISORY BOARD RULES:Approve the rules of the Public Art
Advisory Board as adopted by that board on November 10, 2005.
H.CHANGE ORDER NO. 2/JMW CONSTRUCTION CORPORATION:
Approve Change Order No. 2 in the amount of $82,960.00 to JMW Construction
Corporation for the assembly and installation of bus shelters. Funding is available from
334-3162-544-65.70 (General Construction Fund/Transit Stop Bus Shelters).
I.CHANGE ORDER NO. 2 (CONTRACT ADDITION)/CHAZ EQUIPMENT
COMPANY, INC.: Approve Change Order No. 2 (Contract Addition) in the amount
of $78,423.75 to Chaz Equipment Company, Inc. to the Swinton Avenue Beautification
Project for the construction of fiber optic conduit and pull boxes which will serve as a
conduit for a redundant connection for future fiber optic connection between the
Environmental Services Department and City Hall. Funding is available from 441-
5161-536-62.32 (Water/Sewer Fund/New Capital, ESD Building Expansion).
J.CHANGE ORDER NO. 3 (CONTRACT ADDITION)/CHAZ EQUIPMENT
COMPANY, INC.: Approve Change Order No. 3 (Contract Addition) in the amount
of $39,250.00 to Chaz Equipment Company, Inc. to the Swinton Avenue Beautification
Project for the emergency repair of a sewer line break at 521 Curlew Road. Funding is
available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer
Mains).
K.SERVICE AUTHORIZATION NO. 6/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 6 to Mathews Consulting, Inc. in the amount of
$88,000.00 for the design of infrastructure improvements for the Seasage Drive,
Melaleuca Road, and Oleander Lane Drainage Improvements Project. Funding is
available from 442-5178-536-65.35 (Water/Sewer Renewal & Replacement Fund/
Seasage/Melaleuca/Oleander) and 448-5461-538-65.35 (Stormwater Utility Fund/
Seasage/Melaleuca/Oleander).
L.RIGHT-OF-ENTRY AGREEMENT AND EASEMENT DEED/HAMLET
COUNTRY CLUB: Approve the Right-of-Entry Agreement and Easement Deed
with the Hamlet Country Club to allow The Hamlet Country Club to connect to the
reclaimed water system being implemented by the City.
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M.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 14, 2005 through December 2, 2005.
N.AWARD OF BIDS AND CONTRACTS:
1.Contract award to Asphalt Consultants, Inc. in the amount of $1,240,565.00 for
the Area 2 & 3 Reclaimed Water Transmission Project. Funding is available
from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission
System).
O. INITIATION OF PROPOSED ORDINANCE CHANGING LAND
DEVELOPMENT REGULATIONS: Approve an initiation of a proposed
ordinance changing the Land Development Regulations which will prohibit office uses
including but not limited to Attorneys, Banks, and Medical Offices on ground floors of
buildings along Atlantic Avenue within the Entertainment/Retail Zone as identified in
the Downtown Delray Beach Cluster Study (Swinton Avenue to the Intercoastal).
9.REGULAR AGENDA:
A.CONDITIONAL USE REQUEST/ATLANTIC PLAZA: Consider a request to
allow a building height in excess of 48’ (to a maximum of 60’) and a density to exceed
30 residential units per acre (47 dwelling units per acre proposed) for Atlantic Plaza, a
proposed mixed-use development that includes 306 residential units 57,137 sq. ft. of
retail space, 8,811 sq. ft. of restaurant space and 44,204 sq. ft. of office space, located on
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the north side of East Atlantic Avenue, extending between N.E. 6 Avenue and
Veteran’s Park. (Quasi-Judicial Hearing)
(Motion to postpone; Approved, 3-2; Mayor
Perlman and Commissioner Levinson dissenting.)
B.APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION/BERMUDA GARDENS: Appeal of the Site Plan Review and
Appearance Board’s decision regarding Bermuda Gardens Townhomes, located at 924
Bermuda Gardens Road and South Ocean Boulevard. (Quasi-Judicial Hearing)
(Appeal DENIED, 4-1; Commissioner Archer dissenting)
C.APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION/SEAGATE HOTEL AT ATLANTIC PLACE: Appeal of the Site Plan
Review and Appearance Board’s decision regarding the Seagate Hotel at Atlantic Place,
located on the south side of East Atlantic Avenue between Venetian Drive and Gleason
Street. (Quasi-Judicial Hearing)
(Appeal APPROVED, 4-1; Commissioner Ellis
dissenting)
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D.APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION/HOTEL VISTA DEL MAR: Appeal of the Site Plan Review and
Appearance Board August 8, 2001 decision regarding approval of a Class V Site
Development Plan, Landscape Plan, and Elevations associated with the Hotel Vista Del
Mar, located approximately 300 feet south of Atlantic Avenue on the west side of
Ocean Boulevard (State Road A-1-A). (Quasi-Judicial Hearing)
(DENIED Site Plan
Application and APPROVED appeal, 5-0)
E.CONDITIONAL USE REQUEST/SPIN 2 WIN: Consider a request to allow the
establishment of an adult gaming center to be known as Spin 2 Win within the PC
(Planned Commercial) zoning district at the Delray Square Plaza (14570 South Military
Trail), pursuant to Land Development Regulations (LDR) Section 2.4.5(E),
“Establishment of a Conditional Use”. (Quasi-Judicial Hearing)
(PULLED for next
Regular Commission Meeting on 12/13/05)
F.CONDITIONAL USE REQUEST/LEGACY BANK OF FLORIDA: Consider a
request to allow the establishment of a financial institution, Legacy Bank of Florida,
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within the Central Business District (CBD), located on the west side of N.E. 5 Avenue
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284 feet north of Atlantic Avenue (50 N.E. 5 Avenue), formerly occupied by the
Washington Mutual Bank. (Quasi-Judicial Hearing)
(PULLED for next Regular
Commission Meeting on 12/13/05)
G.CONDITIONAL USE REQUEST/ARNST OCEAN AUTOMOTIVE:
Consider a request to allow the expansion of an automobile repair facility, Arnst Ocean
Automotive, by constructing a new 5,075 square foot building, located on the west side
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of North Congress Avenue, approximately 800 feet north of N.W. 1 Street. (Quasi-
Judicial Hearing)
(PULLED for next Regular Commission Meeting on 12/13/05)
H.AGREEMENT/PALM BEACH COUNTY SPORTS INSTITUTE/
COMMUNITY OLYMPIC DEVELOPMENT PROGRAM (CODP)/TENNIS
CENTER: Consider approval of an agreement with the Palm Beach County Sports
Institute for a Community Olympic Development Program at the Tennis Center.
(
Approved, 5-0)
I.AGREEMENT/CGI COMMUNICATIONS, INC.: Consider approval of an
agreement with CGI Communications, Inc. to provide an online community video
program for the City. There is no cost to the City for the program.
(Consensus of the
Commission for staff to research other companies providing this service and bring item back to
Commission)
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J.SPECIAL EVENT REQUEST/FIRST NIGHT 2006: Consider approval of a
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special event request to hold the 9 Annual First Night event on December 31, 2005
from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(H)
for the use and street closures of City rights-of-way and facilities as requested, to waive
LDR’s section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed no earlier than
December 16, 2005, and authorize staff support for security and traffic control, signage
construction and installation, barricade set-up/removal, trash removal and clean up,
EMS services, and use/set-up of City stages as needed at no charge. (
Approved, 4-1;
Commissioner Levinson dissenting)
K.SETTLEMENT OFFER IN N’DETENGA N’GURUMO v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the amount of $20,000.00 in
severance pay, $5,000.00 COBRA allowance, vacation and sick pay due upon retirement
in n’Detenga n’Gurumo v. City of Delray Beach. Staff recommendation is acceptance.
(
Approved, 5-0)
L.APPOINTMENTS TO THE EDUCATION BOARD: Appoint one (1) regular
member to the Education Board for an unexpired term ending July 31, 2006 and
appoint one (1) regular member for an unexpired term ending July 31, 2007. Based
upon the rotation system, the appointments will be made by Commissioner Levinson
(Seat #3) and Commissioner McCarthy (Seat #4).
(DEFERRED until 12/13/05)
10.PUBLIC HEARINGS:
A.ORDINANCE NO. 79-05: Privately initiated amendment to the Land Development
Regulations Section 4.6.9, “Off-Street Parking Regulations”, and Appendix “A”,
“Definitions”, to establish a parking fee and provide a definition for a public parking
facility and programmed public parking facility.
(POSTPONED until 12/13/05 due to a
request from the applicant. Item will come back as a first reading at that time.)
B.ORDINANCE NO. 56-05 (ADOPTION HEARING FOR
COMPREHENSIVE PLAN AMENDMENT 2005-2):Consider on second
reading an ordinance adopting Comprehensive Plan Amendment 2005-2 and associated
Future Land Use Map (FLUM) amendments, Amendment 2005-2 includes:
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
24 units per acre for the Carver Estates Overlay District and to a maximum
of 18 units/acre within the boundaries of other 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 a maximum of 18 units/acre within the boundaries of special overlay
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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 a maximum of 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.Future Land Use Element – Add new objectives and policies to support
the City’s workforce housing initiative.
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f.Transportation Element – Add policy regarding the change of N.E./S.E. 1
Streets from one-way back to two way traffic.
g.Transportation Element – Add policy regarding enhancement of the US-1
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corridor (N.E./S.E. 5 Avenue and N.E./S.E. 6 Avenue) between N.E.
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4 Street and S.E. 4 Street through beautification and the provision of
improved parking and pedestrian circulation.
h.Transportation Element – Add policy to seek the reduction of the ultimate
right-of-way for Federal Highway from 120 feet to 102 feet, north of
George Bush Boulevard.
i.Housing Element – Revise “Analysis” section to update information
pertaining to historically significant housing.
j.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.
k.Capital Improvement Element – Modify Table CI-CIP (5-Year Capital
Improvements Schedule for Projects > $25,000) to reflect adoption of the
FY 2006-2010 Capital Improvement Program.
l.Capital Improvement Element – Modification of Table SD-CIP. This table
is the School District’s Six Year Capital Improvement Schedule referenced
in CIP Element Policy A-8.3.
m.Public Schools Facilities Element – Updated Concurrency Map Series for
the School District (Maps PS 1.1; PS 2.1; PS 3.1; and PS 3.2).
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.
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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
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S.W. 4 Avenue.
d.Future Land Use Map amendment from RDA-3 (Redevelopment Area #3)
to MD (Residential Medium Density 5-12 du/ac) for Lintco multi-family
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site, located at the northwest corner of Linton Boulevard and S.W. 4
Avenue.
e.Future Land Use Map amendment from County HR-8 (High Residential -8
du/ac) to City MD (Medium Density Residential 5-12 du/ac) for Gramercy
Square II, located on the west side of Military Trail, approximately 700 feet
south of Atlantic Avenue.
(Motion to approve Ordinance No. 56-05; Approved, 5-0)
C.ORDINANCE NO. 59-05: Rezoning from R-1-A (Single Family Residential) to RM
(Medium Density Residential) for a 0.5 acre parcel of land for the Lee Burke Property,
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located on the north side of Linton Boulevard, approximately 660 feet west of S.W. 4
Avenue. (Quasi-Judicial Hearing) (POSTPONED TO JANUARY 3, 2006 DUE
TO FURTHER ADVERTISING)
D.ORDINANCE NO. 60-05: Rezoning from R-1-A (Single Family Residential) to RM
(Medium Density Residential) for a 7.05 acre parcel of land for Lintco Properties,
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generally located at the northwest corner of Linton Boulevard and S.W. 4 Avenue.
(Quasi-Judicial Hearing) (
Approved, 5-0)
E.ORDINANCE NO. 76-05: Rezoning from County GC/SE (General Commercial/
Special Exception) to GC (General Commercial) for a 0.96 acre parcel of land for
Valero Gas Station, located on the west side of Military Trail, 100 feet north of Conklin
Drive. (Quasi-Judicial Hearing) (
Approved, 5-0)
F.ORDINANCE NO. 77-05: Rezoning from County GC/SE (General Commercial/
Special Exception) to SAD (Special Activities District) for a 4.72 acre parcel of land for
Watkins Motor Lines, located on the west side of Military Trail, 430 feet north of
Conklin Drive. (Quasi-Judicial Hearing) (
Approved, 5-0)
G.ORDINANCE NO. 78-05: Rezoning from County GC/SE (General Commercial/
Special Exception) to SAD (Special Activities District) for a 3.45 acre parcel of land for
Public Self Storage, Inc, located on the west side of Military Trail, 270 feet north of
Conklin Drive. (Quasi-Judicial Hearing) (
Approved, 5-0)
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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:
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NONE
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
POSTED: DECEMBER 2, 2005
****** Meeting adjourned at 2:00 a.m. (12/07/05) ******
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