12-13-05 Agenda Results Reg
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 13, 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 Revised Interlocal Agreement for Item 8.J, Interlocal
Agreement/Palm Beach County/Barwick Road; Request to move Item 9.A, Conditional Use Request/
Spin 2 Win, to the end of the Regular Agenda as Item 9.K; Approved as amended, 5-0)
5.APPROVAL OF MINUTES:
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NONE
6.PROCLAMATIONS:
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NONE
7.PRESENTATIONS:
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NONE
8.CONSENT AGENDA: City Manager Recommends Approval. (
Approved, 5-0)
A.FINAL BOUNDARY PLAT APPROVAL/ROYAL ATLANTIC PLAT: Approve
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the boundary plat for Royal Atlantic Plat, located on S.E. 1 Avenue, south of Atlantic
Avenue.
B.FINAL SUBDIVISION PLAT APPROVAL/COLONY PALMS: Approve the
subdivision plat for Colony Palms (AKA Atlantic Palms), a forty-five (45), fee-simple,
townhouse development, located on the south side of West Atlantic Avenue,
approximately 140 feet east of Whatley Road.
C.RESOLUTION NO. 88-05: Approve Resolution No. 88-05 assessing costs for action
necessary to remove junked and/or abandoned vehicles from four (4) properties
throughout the City.
D.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/ROOTS
CULTURAL FESTIVAL: Approve an Interlocal Agreement with Palm Beach
County which provides that the County will reimburse the City up to $12,500.00 for
expenses incurred by the City for the “Summer Days of Roots-Festival on the Square”
Event held in July/August, 2005.
E.PURCHASE ORDER INCREASE/BOYD STUART BOGGESS: Approve an
increase of $10,350.00 to purchase order #630780, Boyd Stuart Boggess, for the
completion of repairs to the parapet roof entryway at Fire Station #1. Funding is
available from 334-6112-519-46.10 (General Construction Fund/Renewal &
Replacement/Building Maintenance).
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F.RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD:Ratify the reappointment of Mark Krall as the Planning &
Zoning Board Representative for a two (2) year term ending July 1, 2007.
G.FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/
LATITUDE: Authorize the City to act as the utility permit applicant for water and
sanitary sewer service connections within the state right-of-way for Latitude, located at
the northwest corner of US 1 and Lindell Boulevard; and approve a hold harmless
agreement with the developer (Savion Holdings, LLC).
H.SERVICE AUTHORIZATION NO. 7/MATHEWS CONSULTING, INC.:
Approve Service Authorization No. 7 to Mathews Consulting, Inc. in the amount of
$41,171.00 for consulting services required for the development of the Temple Park Site
as a neighborhood park. Funding is available from 380-4150-572-63.23 (2004 G.O.
Bond/Neighborhood Parks).
I.AMENDMENT TO LICENSE AGREEMENT/AMERICA’S CITY
ENTERTAINMENT, LLC: Approve an amendment to the License Agreement
with America’s City Entertainment, LLC to extend the time period for booking the first
two (2) events to the end of February.
J.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/BARWICK ROAD:
Approve an Interlocal Agreement with Palm Beach County which provides for the
County to reimburse the City $12,500.00 for the installation of approximately 580 lineal
feet of curbing along the west side of Barwick Road. Funding is available from 334-
3162-541-68.02 (General Construction Fund/Barwick Road).
K.CHANGE ORDER NO. 2/FINAL PAYMENT/WESTCHESTER FIRE
INSURANCE COMPANY: Approve Change Order No. 2 in the amount of a
$9,027.99 decrease and final payment of $7,820.17 to Westchester Fire Insurance
Company for the completion of the Retention Ponds Project. Funding is available from
448-5470-538-65.58 (Stormwater Utility Fund/S.W. Area Improvements).
L.AGREEMENT/NON-PROFIT ACADEMY/EXECUTIVE SERVICE CORPS
OF SOUTHEAST FLORIDA (ESC): Approve an agreement with Executive Service
Corps of Southeast Florida, Inc. (ESC) in an amount not to exceed $37,500.00 to supply
presenters, equipment, supplies, and coordination of workshop training for the City’s
nd
2 Non-Profit Academy. Funding is available from 001-6311-559-82.21 (General
Fund/Aid to Private Organizations/NRI).
M.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/WEED & SEED
PROJECT: Approve an Interlocal Agreement with Palm Beach County which
provides that the Palm Beach County Criminal Justice Commission will provide
$100,000.00 for “seeding” projects for the City’s Weed & Seed Program; and approve
receipt of the funding.
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N.SPECIAL EVENT REQUEST/HOWARD ALAN 17 ANNUAL
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DOWNTOWN ART FESTIVAL: Approve a special event request for the 17
Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on
January 21 and 22, 2006, granting a temporary use permit per LDR Section 2.4.6(H) for
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street closure of Atlantic Avenue, east of N.E./S.E. 6 Avenue east to Salina, and
Vittoro’s parking lot for vendor parking; authorize staff to apply for the FDOT street
closure permit; authorize staff support for security and traffic control, barricading, and
permit an event sign to be erected on Atlantic Avenue just east of I-95 ten (10) days
prior to the event with the sponsor paying all overtime costs.
O.RESOLUTION NO. 89-05 AND RESOLUTION NO. 90-05: Approve and accept
additional Resolution No. 89-05 and Resolution No. 90-05 in the Countywide Fire
Dispatch case at the recommendation of outside council.
P.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 5, 2005 through December 9, 2005.
Q.AWARD OF BIDS AND CONTRACTS:
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NONE
9.REGULAR AGENDA:
A.(MOVED TO ITEM 9.K)
B.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)
(Approved, 5-0)
C.CONDITIONAL USE MODIFICATION REQUEST/ARNST OCEAN
AUTOMOTIVE: Consider a request to allow the expansion of the existing
automobile repair use by constructing a new 5,075 square foot building for Arnst Ocean
Automotive, located on the west side of North Congress Avenue, approximately 800
st
feet north of N.W. 1 Street. (Quasi-Judicial Hearing)
(Approved, 5-0)
D.REQUEST FOR IN-LIEU PARKING SPACES/CITYWALK: Consider a request
from Citywalk at Pineapple Grove for the purchase of six (6) in-lieu parking spaces
nd
utilizing an In-Lieu of Parking Fee Agreement. Citywalk is located at 200 N.E. 2
Avenue (Pineapple Grove Way). (Quasi-Judicial Hearing) (
Approved, 5-0)
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E.BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of FY 2005
bonus payment to JCD Sports Group for golf operations in the amount of $9,045.00
and for Tennis Center operations in the amount of $3,016.40. Funding is available from
445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Professional
Services), 446-4711-572-34.90 (Lakeview Golf Course/Other Professional Services),
001-4215-575-34.90 (General Fund/Tennis Operations/Tennis Center/Other
Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis Operations/
Stadium).
(Motion to add 1/3 of the difference ($2,000.00) to staff’s recommended bonus
amount for a total bonus of $14,061.40; Approved, 4-1; Commissioner Levinson dissenting)
F.FY 2006 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES: Consider approval of proposed performance measures for FY 2006 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
(Consensus of
the Commission to bring item back with changes as discussed)
G.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of an Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA) allowing the City to begin
demolition and utility relocation work on property just east of Old School Square, south
st
of N.E. 1 Street, and west of Pineapple Grove Way.
(Approved, 4-0; Mayor Perlman filed
Conflict of Interest, passed the gavel to Vice-Mayor Levinson, and left dais)
H.PROPOSAL FOR SETTLEMENT IN AYALA v. CITY OF DELRAY BEACH:
Consider a Proposal for Settlement in the amount of $100,000.00 in Ayala v. City of
Delray Beach. Staff recommends denial.
(Motion to approve settlement; DENIED, 5-0
Mayor Perlman returned to dais)
I.APPOINTMENTS TO THE POLICE ADVISORY BOARD:Approve and
appoint eleven (11) members (five (5) regular members for two-year terms and six (6) regular
members for three-year terms) to the Police Advisory Board as recommended by the Mayors
Advisory Committee on R.A.C.E. (Relationship between Authorities, Citizens, and
Experts); and authorize the two (2) final positions to be designated for Youth
appointments.
(Motion to approve and appoint L’Tanya Allen, Juan delos-Reyes, Joseph
Ferrer, Jose Ramirez, and Charles Ridley for two (2) year terms; approve and appoint Annette
Annechild, Sharon Austin, Joshua Bressler, John Jackson, Andrew Luchey, and Jimmy
Weatherspoon for three (3) year terms; Approved, 4-1 Commissioner Levinson dissenting)
J.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).
(Appointed Harold Van Arnem and
approved, 5-0; Commissioner McCarthy’s appointment was deferred to January 3, 2006)
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K.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)
(DENIED, 5-0)
10.PUBLIC HEARINGS:
A.LEASE AND MANAGEMENT AGREEMENT/DELRAY BEACH PUBLIC
LIBRARY ASSOCIATION, INC.: Consider approval of a lease agreement, subject
to the terms of the Tripartite and Interlocal Agreement which allowed the Library
Association the right to purchase the property after 20 years, and management
agreement with the Delray Beach Public Library Association, Inc. (
Approved, 5-0)
11.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
12.FIRST READINGS:
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. If passed, a public hearing will be held
on January 3, 2006. (
Approved, 5-0)
B.ORDINANCE NO. 80-05: Rezoning from RO (Residential Office) to RM (Medium
Density Residential) for a 0.205 acre portion of the Coda (fka Lighthouse) property,
ststnd
located south of S.W. 1 Street, between S.W. 1 Avenue and SW 2 Avenue. If
passed, a public hearing will be held on January 3, 2006. (
Approved, 5-0)
C.ORDINANCE NO. 82-05: Privately initiated rezoning request from CBD-RC
(Central Business District-Railroad Corridor) to CBD (Central Business District) for the
south seven (7) feet of Lot 9, and Lots 10 through 12 inclusive, together with the north
thirty-seven (37) feet of Lot 13; lying in Block 78 totaling 0.85 acres, located along the
ndstnd
west side of S.E. 2 Avenue, between S.E. 1 Street and S.E. 2 Street. If passed, a
public hearing will be held on January 3, 2006. (
Approved, 4-0; Commissioner McCarthy
away from dais)
D.ORDINANCE NO. 81-05: City initiated rezoning request from CBD-RC (Central
Business District-Railroad Corridor) to CBD (Central Business District) for parcels of
nd
land totaling 1.25 acres, located on the east and west sides of S.E. 2 Avenue, between
stnd
S.E. 1 Street and S.E. 2 Street. If passed, a public hearing will be held on January 3,
2006. (
Approved, 5-0; Commissioner McCarthy returned to dais)
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E.ORDINANCE NO. 83-05: Rezoning from AC (Automotive Commercial) to GC
(General Commercial) for a 6.28 acre parcel, located on the east side of Federal
Highway and the west side of Florida Boulevard (formerly the Ralph Buick Dealership).
If passed, a public hearing will be held on January 3, 2006. (
Approved, 5-0)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
14.CLOSED ATTORNEY/CLIENT SESSIONpursuant to F.S. 286.011(8) re: the cases of:
Village by the Sea, LLP, et al. v. City of Delray Beach
Case No. 50-2003 CA-010252-XXOCAI; and
Frank and Nilsa McKinney v. City of Delray Beach
Case No. 50-2003-AP-001062XXCTAY
Attendees:Mayor Jeff Perlman
Commissioner Pat Archer
Commissioner Alberta McCarthy
Commissioner Jon Levinson
Commissioner Rita Ellis
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Terrill Barton
A certified court reporter
Purpose:Discuss settlement negotiations and strategy related to litigation
expenditures in the above cases.
15. SETTLEMENT OF:
Village by the Sea, LLP, et al. v. the City of Delray Beach
Case No. 50-2003 CA-010252-XXOCAI; and
Frank and Nilsa McKinney v. City of Delray Beach
Case No. 50-2003-AP-001062XXCTAY
(Motion to deny settlement offers in both of the above cases; DENIED, 5-0)
POSTED: DECEMBER 9, 2005
****** Meeting adjourned at 9:18 p.m. ******
12-13-2005
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