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01-17-06 Minutes Reg JANUARY 17.2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Jon Levinson in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 17, 2006. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Vice Mayor Jon Levinson Commissioner Alberta McCarthy Absent - Mayor Jeff Perlman Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk At this point, Vice Mayor Levinson stated Mayor Perlman is ill and will not be present this evening and noted that Item 9.A., Consideration of a Conditional Use Reauest/Atlantic Plaza has been withdrawn from the Agenda and will not be heard this evening. Also, Vice Mayor Levinson stated former Mayor Jay Alperin's mother passed away this past week and he asked everyone to keep her in their thoughts and prayers. 2. The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain with the Delray Beach Fire-Rescue Department and the Delray Beach Police Department. 3. gIven. The Pledge of Allegiance to the flag of the United States of America was 4. AGENDA APPROVAL. Mr. Levinson stated Item 9.A., Consideration of a Conditional Use Reauest/Atlantic Plaza has been withdrawn from the Agenda due to a request from the developer. Mrs. Ellis moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 01/17/06 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of December 13, 2005, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Regular Meeting of January 3, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Mrs. Ellis moved to approve the Minutes of the Special/Workshop Meeting of January 10, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMA TIONS: 6.A. Reco2nizin2 and Commendin2 the Delrav Rocks Football & Cheerleadin2 SQuads Vice Mayor Levinson read and presented a proclamation hereby proclaiming the Delray Rocks Football and Cheerleader participants to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Ben Leonard, Recreation Supervisor II/Rocks Football, came forward to accept the proclamation and gave a few brief comments. 6.B. Reco2nizin2 and Commendin2 the Delrav Rocks Football Coaches' Vice Mayor Levinson read and presented a proclamation hereby proclaiming the Delray Rocks 125-pound coaches to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for The City of Delray Beach, Florida." Ben Leonard, Recreation Supervisor II/Rocks Football, came forward to accept the coaches' proclamations. 6.C. Reco2nizin2 DIAL 2-1-1 Week - February 5-11. 2006 Vice Mayor Levinson read and presented a proclamation hereby proclaiming the week of February 5-11, 2006 as DIAL 2-1-1 WEEK in the City of Delray Beach, Florida. Meredith Hughes came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. Government Finance Officers Association Achievement for Excellence in Financial Reoortin2 Certificate of - 2 - 01/17/06 Joseph Safford, Finance Director, stated this is a national award from the Government Finance Officers Association and the financial statement is submitted on an annual basis to the national organization. It is reviewed by a panel of experts in the field and if it meets all the criteria then it receives the Certificate of Achievement for Excellence in Financial Reporting. He stated the City of Delray Beach Finance Department has received this award for twenty-two consecutive years. 7.B. 2005 Di2ital Cities Survey Award - Information Technolo2V Division Vice Mayor Levinson presented Joseph Safford, Finance Director, with the Digital Cities Survey Award from the Center for Digital Government which is a national research and advisory institute on information technology policies and best practices in state and local government. He stated the City of Delray Beach was recognized and awarded first place. Vice Mayor Levinson congratulated Mr. Safford and his staff in the area of information technology for winning first place. Joseph Safford, Finance Director, introduced Guy Buzzelli, Chief Information Officer for the Information Technology Division for the City of Delray Beach and came forward to accept the award. Mr. Safford stated this is a national award and the City of Delray Beach was selected as number one in the nation for a city of its size for the Information Technology Division. Vice Mayor Levinson stated anyone can access the City's website at www.mydelraybeach.com and noted there are a variety of additional features (i.e. the ability to check water bill, permits, etc.). 7.C. Re-accreditation Award for the Parks and Recreation Department Joseph Weldon, Director of Parks and Recreation, stated to be re- accredited (every 5 years), the Parks and Recreation Department completed a detailed self-assessment that was followed by a 3 day visit and peer review by a team of experienced professionals in the field of Parks and Recreation. National accreditation requires parks and recreation agencies to respond to 155 standards representing elements of effective and efficient parks and recreation operations. Agencies must meet 36 fundamental standards plus 85% of the remaining standards to achieve re-accreditation. Albert Gaum-Rickard, Administrative Office Manager/Parks and Recreation, passed out pins to the City Commission. 7.D. Site Plan Review and Appearance Board (SPRAB) Awards The Site Plan Review and Appearance Board (SPRAB) conducted its 14th Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the beauty of the community through creative design or renovations to existing properties. Eligible projects are those that were approved by the Board, and received a Certificate of Occupancy during the previous fiscal year (October 1,2004 - September 30, 2005). - 3 - 01/17/06 Roger Cope, Chairman of the Site Plan Review and Appearance Board (SPRAB), presented the following Site Plan Review and Appearance Board (SPRAB) Awards to the following 2005 recipients. NEW COMMERCIAL DEVELOPMENT Gulfstream Business Bank y Gulfstream Business Bank, Lee Waring, (Developer) y Kupi & Eliopoulos Architects, P.A., (Architect) y Lucido and Associates Landscape y Architecture, (Landscape Architect) NEW RESIDENTIAL REDEVELOPMENT Ocean City Lofts y Southpoint Realty Development, Thomas Laudani, (Owner/Developer) y Falkanger Snyder Martineau & Yates Architects (Architect) y Daniel H. Carter Landscape Architects, Inc. (Landscape Architect) NEW DOWTOWN RESIDENTIAL DEVELOPMENT Village Grande y Louis and Kathryn Carbone, Coastal Design & Development Group, (Owner/Developer) y Currie, Sowards, Aguila, Partnership Architects (Architect) y Dave Bodker Landscape Architecture/Planning Inc., (Landscape Architect) EXTERIOR RENOVATIONS Co-Winners SPA Eleven y Nicole Oden, (Owner) y Brewer Architecture Inc., (Architect) y Daniel H. Carter Landscape Architects Inc., (Landscape Architect) Joe's Restaurant y Joseph Peraino IV and Pasquale Carucci, (Owner/Developer) y S&D Architecture, Inc., (Architect) NEW INDUSTRIAL DEVELOPMENT The Flex Building y Wahoo Properties, Inc. , (Owner) (561) 585- 1023 y Brewer Architecture Inc., (Architect) y A. Grant Thombrough and Associates, (Landscape Architect) NEW PUBLIC BUILDINGS S.D. Spady Elementary School y The School District of Palm Beach County, Dr. Art Johnson, School Superintendent, (Owner/Developer) y Jose Murguido, AlA, (Architect) y Curtis & Rogers Design Studio, Inc., (Landscape Architect) WALL SIGNAGE Gulfstream Business Bank y Gulfstream Business Bank, (Owner) '" Mark Gregory, MG Sales & Consultant, and Claudio Camilucci, (Sign Contractors) 8. CONSENT AGENDA: City Mana2er Recommends Approval. 8.A. FINAL SUBDIVISION PLA T APPROVAL/TURTLE BEACH PLA T: Approve the minor subdivision plat for Turtle Beach, located on the east side of State Road A-I-A, just south ofCasuarina Road. 8.B. ACCEPTANCE OF RIGHT-OF-WAY DEED/527 N.W.lst AVENUE: Approve and accept a right-of-way deed associated with 527 N.W. 1st Avenue. - 4 - 01/17/06 8.C. RESOLUTION NO. 4-06: Approve Resolution No. 4-06 assessing costs for abatement action required to remove nuisances on ten (10) properties throughout the City. The caption of Resolution No. 4-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRA Y BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMP ANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 4-06 is on file in the City Clerk's Office. ) 8.D. BUDGET TRANSFER FROM CITY MANAGER'S CONTINGENCY TO GRANT ACCOUNT/CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT: Approve a budget transfer from the City Manager's Contingency Account in the amount of $21,990.00 to the Chamber of Commerce Economic Development Grant Account. 8.E. RESOLUTION NO. 5-06 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Approve Resolution No. 5-06 adopting the amended Local Housing Assistance Plan for Fiscal Years 2004-2007 pursuant to Title 67-37 of the Florida Administrative Code. The caption of Resolution No. 5-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ADOPTING THE AMENDED LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND - 5 - 01/17/06 INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROV AL. (The official copy of Resolution No. 5-06 is on file in the City Clerk's Office. ) 8.F. RESOLUTION NO. 6-06 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) HURRICANE HOUSING ASSISTANCE PLAN): Approve Resolution No. 6-06 adopting the amended State Housing Initiatives Partnership (SHIP) Hurricane Housing Assistance Plan for Fiscal Years 2005-2008 pursuant to Title 67-37 of the Florida Administrative Code. The caption of Resolution No. 6-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ADOPTING THE AMENDED HURRICANE HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. (The official copy of Resolution No. 6-06 is on file in the City Clerk's Office. ) 8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 3,2006 through January 13, 2006. 8.H. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Don Reid Ford in the amount of $13,635.00 via the Florida Sheriffs Association Bid #04-12-0823 Rollover for the purchase of one (1) 2006 Ford Taurus for the Fire-Safety Division. Funding is available from 001-2317-522-64.20 (General Fund/Automotive). - 6 - 01/17/06 2. Approve an emergency purchase order #632741 and award to McCourt North Tennis in the amount of $25,000.00 for the resurfacing of seven (7) hard courts at the Delray Beach Tennis Center. Funding is available from 001-4215-575-46.90 (General Fund/Other Repair/Maintenance Costs). 3. Purchase award to Westco Turf Supply, Inc. in the amount of $21,333.00 via the Florida State Contract #515-630-03-1 for the purchase of one (1) Toro Groundsmaster 3505 Fine Cut Rotary Mower for the Parks Maintenance Division. Funding is available from 001-4131-572-64.90 (General Fund/ Other Machinery /Equi pment). 4. Purchase award to Pitney Bowes in the amount of $27,286.00 via the Florida State Contract Number 600-760-00-1 for the purchase of one (1) Pitney Bowes Model DM 1000 Digital Postage Machine with a thirty (30) pound scale for City Hall. Funding is available from 334-6112-519-64.90 (General Construction Fund/Other Machinery /Equi pment). Mrs. Archer moved to approve the Consent Agenda, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to o vote. 9. REGULAR AGENDA: 9.A. THIS ITEM HAS BEEN WITHDRAWN DUE TO A REQUEST FROM THE DEVELOPER. 9.B. CONDITIONAL USE EXTENSION REQUEST/BLOCK 77: Consider an extension request for the conditional use approvals which allowed a building height of 60 feet for a 6-story mixed-use building (residential/retail) and which allowed the residential units to exceed 30 units per acre for Worthing Place, located on the south side of East Atlantic Avenue between S.E. 1st Avenue and S.E. 2nd Avenue. (Quasi- Judicial Hearing) Vice Mayor Levinson read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Vice Mayor Levinson asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. - 7 - 01/17/06 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-347 into the record. Mr. Dorling stated this project is the granting of an extension of two conditional use approvals which were granted approval in January 2000. He stated this is a mixed-use project that was subject to multiple law suits from an adjacent property owner and those appeals were finalized on March 31, 2004 in favor of the City. Utilizing the March 31, 2004 date, the current development approvals are valid through March 31, 2006. Demolition permits for the existing building on Block 69 have been issued and the building has been demolished. The site has been fenced and excavated preparing the site for the installation of the footers and underground utilities. The demolition and current level of construction does not represent 25% of the total cost of all improvements; and it does not appear that the development will achieve this threshold by the expiration date. Therefore, the approval will expire on March 31, 2006, unless approval of the conditional use and site plan extensions are granted. Mr. Dorling stated this project is being processed under LDR Section 2.4.4(F)(2) "Construction Has Commenced". He stated one has to determine whether construction has actually commenced and whether it has commenced in good faith. Mr. Dorling stated the request is for an 18 month extension and the approval date would run through September 30, 2007. Staff recommends approval of this request. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach, representing Block 77 Development Group, stated they agree with the staff report and entered a brief into the record in support of the conditional use extension request. At this point, Vice Mayor Levinson stated if anyone wishes to speak and they do not speak to the issue at hand he will stop the meeting. He noted this item is not about an approval of a process; this project is already approved. At this point, staff is discussing specifically whether or not the commencement of construction has begun as outlined in LDR Section 2.4.5(F)(I) and Section 2.4.4(F)(2). Vice Mayor Levinson stated if anyone from the public would like to speak in favor or in opposition of the extension request of two conditional use approvals, to please come forward at this time. Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. stated III his opinion, the applicant has not complied and this does not meet the Code. Vicki Rvder. 2959 "C" N.W. 10th Street. Delrav Beach. stated she believes the extension should not be granted and sang a song into the record on behalf of "SAVE DELRA Y". John Bennett. 137 Seabreeze Avenue. Delrav Beach. speaking on behalf of the Progressive Residents of Del ray (PROD), urged the Commission to deny the extension request for extra height and density for the building on Block 77. He stated the - 8 - 01/17/06 LDR Section states that there has to have been substantial construction and in his opinion there has not been. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mr. Dorling and Mr. Weiner had no cross-examination. Mr. Weiner gave a brief rebuttal. Mr. Weiner stated Block 69 and Block 77 are tied together and are one site and meet the requirements under the Code with respect to "Construction Has Commenced" and LDR Section 2.4.4(F)(2). He urged the Commission to vote in favor of the extension request and stated substantial competent evidence has been met. At this point, the City Attorney reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). It was the consensus of the City Commission to approve the Conditional Use extension request to be valid until September 30, 2007. Mrs. Archer moved to approve to adopt the Board Order, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, Vice Mayor Levinson stated for those people who were not here in 2000, 2001 or 2002 or later and for those who were and did not participate for one reason or another, this project was the impotence for the Master Plan of the downtown. The purpose of this was to ensure the quality of development as the City moved forward into the redevelopment of the downtown. Vice Mayor Levinson stated it started with hundreds of residents who got together at Charettes, workshops, meetings, and presentations who weighed in thousands of hours to ensure that the quality of development and the design was codified in the City's Code. The Master Plan was adopted and from that the Design Guidelines were developed and from that the Design Guidelines were inserted into the Land Development Regulations (LDR's) of the City to ensure that any and all development was consistent with the goals and objectives. He encouraged the public to go to the City's web site or the CRA's website and download a copy of the Master Plan, the Design Guidelines, and the LDR's. 9.C. DOWNTOWN MARKETING CO-OPERA TIVE AGREEMENT: Consider approval of the Downtown Marketing Co-operative Agreement (formerly known as the Joint Venture) with the City, Community Redevelopment Agency, Downtown Development Authority, and the Chamber of Commerce. For clarification, Ms. McCarthy asked if the West Atlantic Redevelopment Coalition (W ARC) is a participant in this. Mr. Barcinski stated W ARC is not a voting member at this point; however, W ARC attends all the Downtown - 9 - 01/17/06 Marketing Co-Operative meetings and have input into the process and what is being done. Furthermore, Mr. Barcinski stated W ARC is presumably taken care of through the CRA's Board. Ms. McCarthy moved to approve the Downtown Marketing Co-operative Agreement between the City of Delray Beach, the Community Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and the Chamber of Commerce, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 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. 1-06: Rezoning from POD (Professional Office District) to RM-I0 (Medium Density Residential-l0 Units per acre) for a 1.77 acre parcel to be known as Palm Trail Carriage Homes, 816 Palm Trail, located approximately 170 feet north of George Bush Boulevard. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. (Quasi-Judicial Hearing) The caption of Ordinance No. 1-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PROFESSIONAL AND OFFICE (POD) DISTRICT TO MEDIUM DENSITY RESIDENTIAL- 10 UNITS PER ACRE (RM-I0) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE WEST SIDE OF PALM TRAIL, APPROXIMATELY 170 FEET NORTH OF GEORGE BUSH BOULEVARD, AS MORE P ARTICULARL Y DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2005"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-06 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. - 10 - 01/17/06 Vice Mayor Levinson passed the gavel to Deputy Vice Mayor Ellis and stepped down from the dais. The City Attorney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-007 into the record. Mr. Dorling stated this rezoning involving eleven (11) platted lots (Lots 4 through 9 and 13 through 17, Block 5, Sophia Frey) and associated abandoned alleyways totaling 1. 77 acres. The property contains an existing 22,799 square foot medical/office building with POD (Professional & Office District) associated parking area. The subject property is owned by Palm Trail Holdings, L.L.C. and is proposing to demolish the existing two-story building and construct 16 townhome units. The proposed use cannot be accommodated under the current POD zoning and a change of zoning is being sought. The 1.77 acre site, if rezoned to RM-I0, would allow for a maximum of 17 townhome units. At its meeting of November 21, 2005, the Planning and Zoning Board considered the request and it was postponed by the Board by a 4 to 2 vote with direction to staff to check the utilities and alley abandonment situation. At its meeting of December 19, 2005, the Planning and Zoning Board reconsidered the request at a public hearing. The same member of the public spoke and clarified that there were no more concerns relating to the adjacent alley or utilities. The Board voted unanimously 5 to 0 to recommend approval of the rezoning request. At this point, Vice Mayor Levinson returned to the dais. Gary Eliopoulos, Kupi & Eliopoulos Architects, P.A., stated his partner Rusty Kupi is present for any questions. Vice Mayor Levinson stated if anyone from the public would like to address the Commission regarding Ordinance No. 1-06, to please come forward at this time. Prior to the vote, Mrs. Archer stepped down from the dais. Mrs. Ellis moved to adopt Ordinance No. 1-06 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 2-06: Amendment to Land Development Regulations Subsection 4.3.4(1), "Height", by amending Paragraph 4.3.4 (1)(1), "Defined"; Paragraph 4.3.4.(1)(3), "Exceptions to District Height Limitations"; Paragraph 4.6.18(B)(14)(i), "Roofs and Gutters"; and Appendix "A", "Definitions"; to allow and regulate parapets. Prior to consideration of passage of this ordinance on Second and - 11 - 01/17/06 FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 2-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SUBSECTION 4.3.4(1), "HEIGHT"; BY AMENDING PARAGRAPH 4.3.4(1)(1), "DEFINED"; AMENDING PARAGRAPH 4.3.4(1)(3), "EXCEPTIONS TO DISTRICT HEIGHT LIMITATIONS"; AMENDING PARAGRAPH 4.6. 18(B)(14)(i), "ROOFS AND GUTTERS"; AMENDING APPENDIX "A", "DEFINITIONS", TO ALLOW AND REGULATE PARAPETS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-06 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 amendment to allow the slopped parapets up to 6 feet in height as a decorative feature on top of a flat roof without altering the way height is measured. Currently, this option is only available for vertical parapets and this limits architectural detailing flexibility. At this point, Mrs. Archer returned to the dais. At its meeting of December 19, 2005, the Planning and Zoning Board held a public hearing in conjunction with the text amendment. There was no one from the public that spoke on the issue. The Board voted unanimously 6 to 0 to recommend approval of the text amendment request to regulate sloped parapets. Vice Mayor Levinson declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 2- 06, the public hearing was closed. Mrs. Ellis asked if the 50% of the flat roof area is 50% around the top of the building that the parapet would be built. In response, Mr. Dorling stated this is 50% coverage or a maximum of 12 feet. - 12 - 01/17/06 Mrs. Archer moved to adopt Ordinance No. 2-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. 10.C. ORDINANCE NO. 3-06: Amendment to Land Development Regulations Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required" for the reservation of one (1) parking space per residential unit in mixed-use developments utilizing the shared parking tables. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 3-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", PARAGRAPH (8)(A), "SHARED PARKING", TO ESTABLISH STANDARDS FOR RESERVED SPACES FOR MIXED USE DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-06 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. Scott Aronson, Parking Management Specialist, stated at the City Commission meeting of January 3, 2006, staff presented Ordinance No. 3-06 which require developers using the shared parking tables in mixed use developments to reserve one parking space per residential unit. At that meeting, the City Commission directed staff to show various scenarios as to how this would affect the actual parking requirements and what would need to be provided with and without those reserved spaces. He briefly reviewed the three scenarios (The Strand, 5th Avenue Townhomes, and Fifth Avenue Flats). Mr. Aronson stated staff feels that based on the small percentage of increased parking spaces that are required in addition to the fact that most of the larger developments are all using tiered parking to the rear of the development so that the "sea of asphalt" would not be prevalent, you would have the entryways to the parking deck or garage on one street possibly two if there is a dual entrance. He stated - 13 - 01/17/06 staff recommends approval given those facts along with the benefits to the residents purchasing the units. Vice Mayor Levinson declared the public hearing open. Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. congratulated Mr. Aronson and the City for the concept of shared parking and feels it is a terrific idea. Mr. Smith suggested that staff look at peak periods on a daily basis and not take an average of just the week. There being no one else from the public who wished to address the Commission regarding Ordinance No. 3-06, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 3-06 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 4-06: An ordinance amending Chapter 91, "Animals" of the Code of Ordinances by amending Section 91.20, "Running at Large", to clarify that "at large" shall mean not under the direct control of owner whether on or off owner's property. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 4-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING SECTION 91.20, "RUNNING AT LARGE", IN ORDER TO CLARIFY THAT DOGS MUST BE UNDER THE OWNER'S DIRECT CONTROL WHETHER THEY ARE ON OR OFF OF THE OWNER'S PROPERTY, PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 4-06 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. Vice Mayor Levinson declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 4- 06, the public hearing was closed. - 14 - 01/17/06 Ms. McCarthy moved to adopt Ordinance No. 4-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. II.A. City Mana2er's response to prior public comments and inQuiries. The City Manager had no comments or inquiries on non-agenda items. 11.B. From the Public. 11.B.1. Jim Smith. 1225 S. Ocean Boulevard. Delrav Beach. stated in his opinion the only one way that Delray Beach can retain its village by-the-sea is by reducing the number of car trips. He stated traffic grid-lock is universally cited as the primary reason people give for the lower quality of life. He stated more parking, more cars, more lanes, and more streets do not solve traffic congestion. He stated downtown density can be a positive thing when it is supported by a convenient and comfortable public transportation system that is linked to other transportation alternatives like walking and biking. He suggested that the City implement a City Transportation System and that the developers pay part of the costs of an integrated transportation system. He urged the Commission to address the transportation needs of the citizens and asked that the City Manager complete an application for State funding for a PedestrianlBike Coordinator. Mr. Smith stated the money is free and he volunteered himself for the job. At this point, the time being 7:18 p.m., the Commission moved to Item 9.D. of the Regular Agenda. 9.D. AGREEMENT/CGI COMMUNICATIONS. INC.: Consider approval of an agreement with CGI Communications, Inc. to provide an online community video program for the City. Doug Smith, Assistant City Manager, stated at a previous City Commission meeting staff presented the Commission with additional research on a video program sponsored by the Florida League of Cities. CGI Communications (through their e-LocalLink division) will produce an online video program to be linked to the City's web site that will highlight various aspects of our community such as businesses, education, recreation and housing. In addition, the web site can also have a welcome from the Mayor. Mr. Smith stated staff did further research with the assistance of the Chamber and spoke to other companies to see if they could provide a comparable program. Only one of the companies was able to do this. The production cost for their services is $34,000.00 versus the initial company CGI Communications which would be at no cost to the City. Mr. Smith stated if this is something the Commission would like to pursue further, the City Attorney will need to review the contract and make the necessary changes before staff brings this back. - 15 - 01/17/06 Ms. McCarthy asked if the City decides to put this into place, does the City retain the ability to okay what is going to be on the video. Mr. Smith stated under the agreement the City of Delray Beach would have the final approval for all the video content that is placed on the web site as well as work that the City might do to provide additional videos that would be on the site at no charge to the City. Mrs. Ellis asked if this proposal would allow someone to sell those marketing opportunities on the video. Mr. Smith stated the company would have the opportunity and be responsible for doing this. Brief discussion between staff and the Commission continued. After brief discussion, it was the consensus of the Commission to defer this item. 9.E. FUNDING REQUESTIRAINBOW TENNIS TOURNAMENT: Consider a funding request from Mr. Yusuf Ahmed in the amount of $7,000.00 to help offset costs of the Rainbow Tennis Tournament to be held February 17-19, 2006 at the Tennis Center. Staff recommends denial. Robert A. Barcinski, Assistant City Manager, stated this is a request to consider a funding request from Mr. Yusuf Ahmed in the amount of$7,000 to support the Rainbow Tennis Tournament. Staff received the final budget for the event which shows the difference between event revenues and expenses as $3,315.00. Staff originally recommended that this request be denied and that it should go through the normal budget request process; however, if the City Commission wishes to fund this, the City Manager has identified a couple of funding sources. Mr. Barcinski stated he suggests that the Commission fund the difference between the revenues and expenses. Yusuf Ahmed, 1367 Fairfax Circle East, Boynton Beach, President of Rainbow Tennis Association, stated the minority group in the City needs to be more involved in the Delray Beach Tennis Center. Mrs. Ellis stated Mr. Ahmed's motives are admirable; however, she cannot justify this as emergency funding. She stated to be fair Mr. Ahmed should really go up against the other organizations that are vying for funding under the normal process. Mrs. Ellis moved to approve the funding request in the amount of $3,000.00 with an undetermined source to help offset the costs of the Rainbow Tennis Tournament to be held February 17-19,2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - No; Ms. McCarthy - Yes; Mrs. Ellis - No. Said motion was a tie with a 2 to 2 vote. Brief discussion by the Commission followed. Due to a tie vote, the following second motion was made: - 16 - 01/17/06 Ms. McCarthy moved to approve the event with a financial contribution of $2,300.00 from the current City Commission Event Account, seconded by Mrs. Ellis. Prior to the vote, Mrs. Archer asked if the maker of the motion would consider changing the amount to $500.00 so that the Commission can show support and encourage them to come back next year following regular procedures. Ms. McCarthy stated she will accept changing the amount to $500.00 as long as staff asks Mr. Dubin if he can help identify other sponsors who might be able to help this particular program. Due to a tie vote, the amended motion was made: Ms. McCarthy moved to approve to support the event and offer a $500.00 contribution from the City Commission Event Account subject to staff asking Mr. Dubin to help identify other sponsors, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.F. SPONSORSHIP REQUESTINATURAL MEN AND NATURAL WOMEN ORGANIZATION (NMANWO): Consider a sponsorship request from the Natural Men and Natural Women Organization (NMANWO) for the North Florida/South Florida All Stars football game which was held on December 31, 2005; several of the Delray Rocks Players and Coaches participated in the game. If approved, a funding source will need to be identified. Robert A. Barcinski, Assistant City Manager, stated this is a request for a sponsorship from the Natural Men and Natural Women Organization (NMANWO) for a Youth All Star Football Game which was held at the old Atlantic High School football field on December 31, 2005. This game was originally scheduled to be held at the old Atlantic High School field but had to be changed due to conflicts with soccer. Although sponsorship packages start at $750 they were requesting a donation of any amount. Vice Mayor Levinson asked if this item can be brought back and he would like to know if the recipient is going to be a Delray Beach recipient and what the scholarship is for. Mrs. Ellis suggested that financial information be obtained. Ms. McCarthy concurs with comments expressed by Vice Mayor Levinson and stated she would like staff to make certain that people have the proper paperwork and she would like to see the financial information as well. Ms. McCarthy moved to approve to table this item until further financial information is obtained from staff, seconded Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. - 17 - 01/17/06 9.G. SPONSORSHIP REQUEST/4TH ANNUAL AFRICAN DIASPORA AWARDS AND LUNCHEON 2006: Consider a request from Jane Bassa Tolliver to provide a Bronze Sponsorship in the amount of $500 for the 4th Annual African Diaspora Awards and Luncheon to be held on February 5, 2006. If approved, a funding source will need to be identified. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to provide a Bronze Sponsorship in the amount of $500.00 for this awards program being held on February 5,2006. Brief discussion by the Commission followed. Ms. McCarthy moved to purchase a table in the total amount of $300.00 for the 4th Annual African Diaspora Awards and Luncheon, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2009. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to reappoint Anthony Veltri as a regular member of the Code Enforcement Board for a three (3) year term ending January 14, 2009, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.1. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner McCarthy (Seat #4). Ms. McCarthy moved to reappoint Philip Friedman as a regular member of the Nuisance Abatement Board for an unexpired term ending March 31, 2007, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. 9.J. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint three (3) regular members to the Parking Management Advisory Board to represent: the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal, the Atlantic Avenue and State Road AIA corridors lying east of the Intracoastal Waterway, and the Atlantic Avenue corridor between Swinton Avenue and Interstate 95 for two (2) year terms ending January 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), - 18 - 01/17/06 Commissioner McCarthy (Seat #4), and Mayor Perlman (Seat #5). Vice Mayor Levinson stated due to Mayor Perlman's absence, his appointment will be deferred to the Regular City Commission meeting of February 7, 2006. Mrs. Ellis moved to reappoint Jorge Ramos as a regular member to the Parking Management Advisory Board for a two (2) year term ending January 31, 2008, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Ms. McCarthy moved to reappoint Jeannette Dobson as a regular member to the Parking Management Advisory Board for a two (2) year term ending January 31, 2008, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.K. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for an unexpired term ending June 30, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Vice Mayor Levinson stated due to Mayor Perlman's absence, his appointment will be deferred to the Regular City Commission meeting of February 7, 2006. 9.L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board for a two (2) year term ending December 13, 2007. Based upon the rotation system, the appointment will be made by Commissioner Ellis (Seat #1). Mrs. Ellis moved to appoint Shelly Weil as a regular member to the Police Advisory Board for a two (2) year term ending December 13, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.M. APPOINTMENT TO PUBLIC EMPLOYEES RELA TIONS COMMISSION: Appoint one (1) regular member to the Public Employees Relations Commission (PERC) for a four (4) year term ending January 29,2010. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). Vice Mayor Levinson stated he wished to reappoint Lorraine Kasper as a regular member to the Public Employees Relations Commission (PERC) for a four (4) year term ending January 29, 2010. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; - 19 - 01/17/06 Vice Mayor Levinson - Yes; Ms. McCarthy - Yes. 9.N. RECONSIDERA TION OF THE POLICE ADVISORY BOARD APPOINTMENTS: Reconsideration of the Police Advisory Board Appointments that were approved at the December 13, 2005 Commission Meeting. Mrs. Ellis moved to table this item until the Regular City Commission meeting of February 7, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis - Yes; Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - 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. 8-06: An ordinance amending Chapter 71, "Parking Regulations", "General Provisions" of the Code of Ordinances by enacting Section 71.006, "Surcharge on Parking Fines", to provide for a surcharge on parking fines to fund the School Crossing Guard Program. If passed, a public hearing will be scheduled for February 7, 2006. The caption of Ordinance No. 8-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, BY AMENDING CHAPTER 71, "PARKING REGULATIONS", "GENERAL PROVISIONS", AND ENACTING SECTION 71.006, "SURCHARGE ON PARKING FINES", TO PROVIDE FOR A SURCHARGE ON PARKING FINES TO FUND THE SCHOOL CROSSING GUARD PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-06 is on file in the City Clerk's Office. ) The City Attorney read the caption of the ordinance. Mr. Levinson asked if this could be implemented mid-year. The City Manager stated this is something that could be done. Mrs. Archer moved to approve Ordinance No. 8-06 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Vice Mayor Levinson - Yes; Ms. McCarthy - Yes; Mrs. Ellis - Yes. Said motion passed with a 4 to 0 vote. - 20- 01/17/06 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. B.A. City Mana2er The City Manager stated the County recently changed the hours for the sale of alcohol on Sunday and he has received a request from one of the City's service station owners asking whether the Commission will entertain changing the City's ordinance to allow the beer sales on Sunday morning. After brief discussion, it was the consensus of the Commission to not support changing the hours of sale for alcohol on Sundays. Secondly, he stated the League of Cities General Membership meeting will be held at the new Delray Beach Library on February 22,2006 at 10:30 a.m. Lastly, the City Manager stated there is a Special City Commission meeting scheduled for January 18,2006 which will be held at the South Central Regional Wastewater Treatment Plant. 13.B. City Attornev 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 will not be attending the SCRWTDB meeting or the Special Commission meeting because she has a Board of Directors meeting with Aid to Victims of Domestic Abuse (A VDA). Secondly, she stated she would like to attend the Drug Task Force Meeting so that she can give her input to their Goal Setting. Mrs. Archer stated this meeting is in conflict with the Metropolitan Planning Organization (MPO) meeting because it is on Thursday morning. Mrs. Ellis stated she will attend the MPO meeting. Mr. Levinson stated A VDA received funding from the Federal Government of approximately $150,000. Mrs. Archer stated A VDA will be going to see the Mayor of the City of Boca Raton on Friday morning to see if they can secure some of the funds that went into the Police Fund for the closing of the house of prostitution so that housing can be provided for the administration offices of A VDA. Mrs. Archer stated A VDA is attending the non-profit workshop here in the City and they are excited to participate. - 21 - 01/17/06 13.C.2. Mrs. Ellis Mrs. Ellis had no comments or inquiries on non-agenda items. 13.C.3. Ms. McCarthy Ms. McCarthy stated she is pleased to see that the 14th Annual Town Hall meeting is scheduled. Secondly, she stated she is delighted to see the brochure entitled "What's New on the Avenue" that is going to incorporate the grand opening of the Atlantic Grove businesses with Art & Jazz on the Avenue. Ms. McCarthy thanked the organizations that take the time and energy to put together functions and recognition of Dr. Martin Luther King, Jr. and stated the celebrations get better and better each year. She thanked the City Manager for walking from City Hall to Pompey Park. 13.CA. Vice Mayor Levinson Vice Mayor Levinson stated the reception for the new round of the Non- profit Academy began last Thursday and this year the senior volunteer executives are going to be helping in working with several organizations to focus on some of their post- training. He stated some of the meetings typically attended only by staff have been opened up to allow Board participation. Secondly, Mr. Levinson commented about the Mike Machek Park Groundbreaking Ceremony. Vice Mayor Perlman commented about Martin Luther King, Jr. Day and thanked Mr. & Mrs. Strainge and the committee. He stated there was a terrific article about Delray Beach in the South Florida Magazine. He commented about an article in the Boca Magazine about the great job Mayor Perlman has done. Vice Mayor Levinson announced that tomorrow night is the first Community Land Trust (CLT) Annual meeting. He stated the Community Redevelopment Agency (CRA) and the Community Land Trust Advisory Board selected an Attorney (David Schmidt) to replace Bob Federspiel who had been doing multiple duties for numerous things including the CL T. Vice Mayor Levinson stated he and Commissioner McCarthy were at Cason United Methodist Church and Reverend Austin gave a speech about the lack of - 22- 01/17/06 affordable housing. He stated he spoke to Reverend Austin after her presentation and informed her he has been eyeing the property to the west of the church and asked if the church would contribute that land to the CL T so that the City could build additional affordable workforce housing on it. Reverend Austin has agreed to take this back to their church Board. Ms. McCarthy stated Vice Mayor Levinson's suggestion is marvelous and stated she too has approached Reverend Austin as well. Ms. McCarthy is scheduling a meeting for Reverend Austin to meet with someone from D.C. because there are dpllars that the Commission has not accessed that are available from the Federal Government to build affordable housing. If we can help them with dollars (access dollars that are available for religious institutions) to build affordable housing, then, they maintain the ownership. The City Manager stated a Pastor in town complained about the housing situation and the City Manager commented that he is aware of several churches around the country that have very vigorous housing programs that they sponsor. There being no further business, Mayor Perlman declared the meeting adjourned at 8: 11 p.m. ~ 0-. .~~. \j~f'-) City Clerk ATTEST: ~~~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes ofthe Regular City Commission Meeting held on January 17, 20061 which Minutes were formally approved and adopted by the City Commission on February 7, 2006 . ~~.~~ City Clerk - 23- 01/17/06 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. - 24- 01/17/06 ~ IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRA Y BEACH, FLORIDA - EXTENSION REQUEST fOR CONDITIONAL USE APPROVALS GRANTED TO BLOCK 77 DEVELOPMENT FOR HEIGHT AND DENSITY (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on January 17, 2006. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension req~est for the Block 77 Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LOR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section2.4.4(F}(1) been met? Yes....1- No.JL 5. In making a determination under LOR Section2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; The extent to which construction has proceeded; r+CM q. B. .~ The extent to which there has been a bonafide continuous effort to develop but because of circumstances. beyond the control of the developer, it was not possible to meet the 25% standard. . Has the Developer shown diligence and good faith to commence and complete construction of the Block 77 Development Project? Yes 4 No 0 6. The comments and notes set forth in the staff report are hereby intorporated herein. 7. The City Commission has applied the LOR requirements in existence at the time the conditional use extension request was submitted. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9: Based on the entire record before it, the City Commission approves -2L denies _ the conditional use extension request to allow the previous conditional.use approval to be valid until September 30,2007. The City Commission hereby adopts this Order this 17th day of January, 2006, by a vote 'of opposed. 4 in favor and o ATTEST: \~~ }VIr~~e,O"l · C~evelle Nub," 0'; a. I dO:) lD City Clerk , 2