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02-07-06 Minutes Commissioner Jeff Perlman FEBRUARY 7, 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 7, 2006. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Roger P. Richardson with Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.AGENDA APPROVAL. Item 8.K.Third Amendment to Mayor Perlman requested that , Contract for Sale and Purchase/Auburn TraceItem 9.I., Grant Funding and Request/Palm Beach County International Film Festival be removed from the Agenda. Item 8.U., Change Order No. 6 The City Manager requested that (Contract Addition)/Asphalt Consultants, Inc. be moved to the Regular Agenda as Item 9.S. because he has more information to provide to the Commission. Mrs. Ellis moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 02/07/06 5.APPROVAL OF MINUTES: Mr. Levinson moved to approve the Minutes of the Regular Meeting of January 17, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to approve the Minutes of the Special Meeting of January 18, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 5 to 0 vote. 6.PROCLAMATIONS: 6.A. Recognizing Black History Month – February 2006 Mayor Perlman read and presented a proclamation hereby proclaiming the month of February 2006 as Black History Month. Lula Butler, Director of Community Improvement came forward to accept the proclamation. 7.PRESENTATIONS: ? NONE 8.CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 7-06: Approve Resolution No. 7-06 abandoning a Right-Of-Way for Dixie Boulevard, lying between Lindell Boulevard and Avenue K. The caption of Resolution No. 7-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE BOULEVARD RIGHT-OF-WAY (ROW) LYING BETWEEN LINDELL BOULEVARD AND AVENUE “K”, AS SHOWN ON THE PLAT OF DEL-RATON PARK (PB 14, PG 9), AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 7-06 is on file at the City Clerk’s Office.) 8.B.FINAL SUBDIVISION PLAT APPROVAL/LATITUDE DELRAY PLAT: Approve the subdivision plat for Latitude Delray, a mixed use development, located on the northwest corner of Lindell Boulevard and south Federal Highway. - 2 - 02/07/06 8.C. LIMITED ACCESS EASEMENT AGREEMENT/BRUCE AND EMILY ROBSON: Approve a Limited Access Easement Agreement between the City and Bruce and Emily Robson providing for the placement of a limited access easement over the property line adjacent to Tamarind Road. 8.D. SPECIAL EVENT REQUEST/EAST END VOLLEYBALL TOURNAMENT: Approve a request from East End Volleyball for the East End Volleyball Tournament to be held at the municipal beach on March 25 and 26, 2006. 8.E.APPROVAL OF AMENITIES FOR UPGRADING PARKS: Approve amenities to upgrade existing parks and the beachfront area as presented at the January 10, 2006 Workshop Meeting and authorize staff to proceed with purchases and installation. 8.F.CORRECTION/SERVICE AUTHORIZATION NO. 7/MATHEWS CONSULTING, INC.: Approve a correction to Service Authorization No. 7 to Mathews Consulting, Inc. for the Temple Park Project which was incorrectly listed (typo) on the December 13, 2005 Commission Agenda as $41,171.00 instead of the correct amount of $47,171.00. 8.G.CORAL TRACE HOMEOWNERS’ ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Coral Trace Homeowners’ Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 8.H. QUIET TITLE/CITY PARCELS: Grant authorization to Quiet Title on six (6) City lots that were selected for transfer into the newly created Community Land Trust. 8.I. RATIFICATION OF THE APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Approve and ratify the appointments to the Kids and Cops Committee for two (2) year terms ending November 30, 2007. 8.J. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan Election to be held on March 14, 2006. 8.K.THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.L. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CLEAN AND SAFE PROGRAM: Consider approval of an Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $312,000.00 for funding for the Clean and Safe Program for FY 05/06. - 3 - 02/07/06 8.M. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/GEOGRAPHIC AND LAND INFORMATION: Consider approval of an Interlocal Agreement between the City and Palm Beach County for the exchange and update of geographic and land information. 8.N. MEMORANDUM OF UNDERSTANDING/FLORIDA DEPARTMENT OF FINANCIAL SERVICES: Approve a Memorandum of Understanding with the Florida Department of Financial Services; and accept the 2005 Domestic Preparedness Grant from the State Homeland Security Grant Program in the amount of $7,595.00 to maintain a specialized decontamination team and purchase new decontamination equipment. 8.O. VEHICLE REPAIR/FIRE DEPARTMENT: Approve the repair of Fire Department vehicle #200460 by Southeast Truck Specialist, Inc. in the amount of $20,748.23. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims). 8.P.CONTRACT ADDITION/PGAL, INC.: Approve a Contract Addition in the amount of $17,930.00 to PGAL, Inc. for supplementary consulting services required in conjunction with the development of the Old School Square Parking Garage. Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage). 8.Q. EMERGENCY CONTRACT AWARD/CHAZ EQUIPMENT COMPANY, INC.: Approve an emergency contract award in the amount of $139,500.00 to Chaz Equipment Company, Inc. for the repair of a sewer main break at Lift Station 58. Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement Fund/Sewer Mains). 8.R. THIS ITEM HAS BEEN REMOVED FROM AGENDA. 8.S. CHANGE ORDER NO. 1/FINAL PAYMENT/ROSSO PAVING & DRAINAGE, INC.: Approve Change Order No. 1 in the amount of $12,073.06 and final payment in the amount of $16,634.08 to Rosso Paving & Drainage, Inc. for completion of the Bus Shelter Concrete Pads Project. Funding is available from 334- 3162-544-65.70 (General Construction Fund/Transit Stop Bus Shelters). 8.T. CHANGE ORDER NO. 2 (CONTRACT ADDITION)/RANGER CONSTRUCTION, INC.: Approve Change Order No. 2 (Contract Addition) in the amount of $71,739.00 to Ranger Construction, Inc. for the Miller Park Parking Lot Resurfacing. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims). 8.U. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.S. - 4 - 02/07/06 8.V. CHANGE ORDER NO. 6 (CONTRACT ADDITION)/ASPHALT CONSULTANTS, INC.: Approve Change Order No. 6 (Contract Addition) between the City and Asphalt Consultants, Inc. in the amount of $112,026.00 for the relocation/replacement of the existing 6” water main on the north two blocks as part of th the N.W./S.W. 5 Avenue Improvements Project. Funding is available from 442-5178- 536-63.50 (Water/Sewer Renewal & Replacement Fund/Water Mains). 8.W. SERVICE AUTHORIZATION/HELLER-WEAVER AND SHEREMETA, INC.: Approve a Service Authorization to Heller-Weaver and Sheremeta, Inc. in the amount of $10,350.00 for supplemental survey work related to the Old School Square Garage and Park Campus Expansion. Funding is available from 380- 4150-572-63.29 (G.O. Bond/Old School Square Parking Garage). 8.X. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements with four (4) sub-recipients (Community Child Care Center, Fair Housing Center of the Greater Palm Beaches, Inc. and the Urban League of Palm Beach County in the total amount of $95,000. Funding is available from the Community Development Block Grant Budget. 8.Y. MEMORANDUM OF UNDERSTANDING AND POLICIES AND PROCEDURES 2006-2010/DELRAY BEACH HOUSING RENAISSANCE PROGRAM: Approve the Memorandum of Understanding and the Policies and Procedures that govern the Delray Beach Housing Renaissance Program for the period March 2006 through March 2010. 8.Z. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 17, 2006 through February 3, 2006. 8.A.A. AWARD OF BIDS AND CONTRACTS: 8.A.A.1. Lease award to Enterprise Rent-A-Car in the total annual cost of $43,200.00 for a twelve (12) month lease of six (6) vehicles for the Vice, Intelligence, and Narcotics (VIN) Unit of the Police Department. Funding is available from 001-2115- 521-44.40 (General Fund/Vehicles). 8.A.A.2. Contract award to Hatcher Construction & Development, Inc. in the amount of $61,156.70 for interior and exterior renovations associated with the Neighborhood Resource Center Rehabilitation Project. Funding is available from the Community Development Block Grant Program (Other Grants & Aids). 8.A.A.3. Purchase award to Metro-Dade K-9 in the total amount of $16,400.00 for the purchase of one (1) Green Canine and one (1) Titled Canine for the Police Department. Funding is available from 001-2115-521-52.25 (General Fund/K-9 Expenses) and 115-2111-521-49.90 (Special Projects Fund/Other Current Charges/Obligations). - 5 - 02/07/06 8.A.A.4. Contract award to Johnson Davis in the amount of $833,700.00 for the Lake Worth Drainage District (LWDD) L-33 Canal Box Culvert Extension Project. Funding is available from 380-4150-572-63.23 (G.O. Bond/Neighborhood Parks). 8.A.A.5. Contract award to Associates Roofing in the amount of $553,799.00 for the Municipal Golf Course Clubhouse Re-roofing Project. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims-Golf Course Clubhouse Roof). 8.A.A.6. Contract award to Accurate Events in the amount of $34,988.00 for Security Guards, Supervisors and Body Guard Services for the International Tennis Championships at the Delray Beach Tennis Center. Funding is available from 001-4210- 575-55.40 (General Fund/Tennis Operations). 8.A.A.7. Contract Award to JBE Technology, Inc. at a total cost of $169,711.82 (to be paid for by FEMA, the State of Florida and Property Insurance proceeds) for the replacement of wireless equipment presently located at 12 remote sites throughout the City. Funding is available from 551-1575-591-45.50 (Insurance Fund/Property Claims). 8.A.A.8. Bid Award (Extension) to Special Products Group, Inc. in the amount of $22,887.00 via the City of Boynton Beach Bid #062-1412-03/CJD for an additional year at the same terms and conditions for the purchase of dress and work uniforms for the Fire Department. Funding is available from 001-2311-522-52.22; 001-2313-522-52.22; 001- 2315-526-52.22; and 001-2317-522-52.22 (General Fund/Fire/Uniforms). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. 9.REGULAR AGENDA: 9.A.APPEAL OF THE HISTORIC PRESERVATION BOARD’S DECISION ASSOCIATED WITH PINEAPPLE GROVE LTD: Consider an appeal of the Historic Preservation Board’s decision for Pineapple Grove Ltd., located on the ststnd (Quasi- north side of N.E. 1 Street, between N.E. 1 Avenue and N.E. 2 Avenue. Judicial Hearing) Mayor Perlman 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. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson, Ms. McCarthy, Mrs. Ellis and Mrs. Archer had no ex parte communications to disclose. Mayor Perlman stated he had a brief conversation with Mr. Louis Carbone. - 6 - 02/07/06 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-302 and the site plan into the record. Mr. Dorling stated the item before the Commission is a consideration of an appeal of four waivers and one variance associated with the Class V site plan, landscape plan and architectural elevations for Pineapple Grove Limited. The subject st property is located on the north side of N.E. 1 Street, between Pineapple Grove Way and st N.E. 1 Avenue. The Historic Preservation Board’s actions were taken on January 4, 2006. The Board recommended approval of the project but did not support or grant the four requested waivers or the one variance as they were unable to make the necessary findings. Staff supports HPB’s failure to make required findings and therefore staff requests that the Commission deny this appeal and uphold HPB’s approval of the project without the support of the waivers. Louis Carbone, owner/agent for the applicant Pineapple Grove, Ltd., gave a brief PowerPoint presentation regarding the proposed project and stated this project was being reviewed based on guidelines that were in existence prior to May 4, 2004 (before the new Design Guidelines). Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of this proposal, to please come forward at this time. No one from the public came forward to address the Commission. Mr. Dorling and Mr. Carbone gave brief rebuttal statements. At this point, the City Attorney stated she will modify the Board Order and 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). Mr. Levinson moved to approve the Board Order, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote. 9.B.REQUEST FOR VALET QUEUE EXPANSION/CAFFE LUNA ROSA: Consider a request from Caffe Luna Rosa to expand their existing valet queue area from four (4) spaces to seven (7) spaces. Scott Aronson, Parking Management Specialist, stated Caffe Luna Rosa currently has their valet queue located on the south side of Atlantic Avenue between Salina Avenue and South Ocean Boulevard. The recent opening of the Shore Restaurant and heavy seasonal traffic is back up the existing queuing area and blocking the travel lane on Atlantic Avenue. The request is to incorporate the three officially designated spaces into the queue which would require relocation of the officially designated spaces. The three spaces are currently municipal parking spaces two are reserved for lifeguards and one of them is designated for the Police Department. The request was considered by - 7 - 02/07/06 the Development Services Management Group and there was support for the expansion of the queue for evening use after 5:00 or 6:00 p.m. At its meeting of January 24, 2006, the Parking Management Advisory Board recommended approval of the expansion of the valet queue during the full operating hours of the valet queue (11:00 a.m. - 11:00 p.m. seven days a week). Mr. Aronson stated the Commission has been provided a letter from the lifeguards opposing the removal of the parking spaces. In addition, he spoke with Chief Schroeder who also had some opposition about relinquishing those spaces during the daytime hours. Staff recommends expansion of the valet queue for the evening hours after 5:00 p.m. to 11:00 p.m. Brief discussion between staff and the Commission followed. Jorge Ramos, Director of Operations for Caffe Luna Rosa, stated at busy times they have four valets and the problem occurs during the day because many people use the beach which creates more traffic congestion. Mr. Ramos stated they are servicing their restaurant customers, the Shore restaurant customers, and the beach people. David Leonard, President of BPS Valet, stated he brought this to the attention of the Parking Management Advisory Board (PMAB) before Shore restaurant was started because he anticipated that the impact of this restaurant would change the valet queue. Mr. Leonard stated this is a very busy queue on Saturdays, Sunday mornings, anytime during the day where the weather is perfect, and Friday and Saturday evenings. He stated he has eight valets on the weekends. Mr. Aronson stated all parking license agreements will be up for renewal on April 1, 2006. Mr. Levinson moved to approve an amendment to the contract to allow Caffe Luna Rosa to use seven (7) spaces instead of four (4) with the operating hours of the valet queue from 11:00 a.m. – 11:00 p.m. seven days a week until April 1, 2006, and Caffe Luna Rosa will offset the City’s additional cost in lost revenue, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 9.C.REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING: Consider approval of a request from Community Neighborhood Helping, Inc. to provide $10,000.00 in seed money, which will be reimbursed to the City through a Palm Beach County grant, for the Glory Awards 2006 to be held on May 5, 2006. Funding is available from 001-1111-511-48.10 (City Commission/Special Events). Mr. Levinson moved to approve the funding request from Edith Thompson to provide $10,000 in seed money for the Glory Awards 2006 to advance the County commitment for funding, seconded by Ms. McCarthy. Upon roll call the - 8 - 02/07/06 Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:07 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10.PUBLIC HEARINGS: 10.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. The caption of Ordinance No. 8-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY 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 at 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 Delray Beach, Florida. The City Manager stated the proposal is to add a $5.00 surcharge to parking fines and by State law that money would be earmarked for the City’s School Crossing Guard Program and is expected to generate approximately $60,000 per year. Mayor Perlman declared the public hearing open. There being no one else from the public who wished to address the Commission regarding Ordinance No. 8-06, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 8-06 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 5 to 0 vote. - 9 - 02/07/06 Item 11, Comments and At this point, the Commission moved to Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A.City Manager’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.Gerry Franciosa, 939 Eve Street, Delray Beach, stated he came before the Commission approximately six months ago about televising the Commission meetings. He read into the record a statement by an elected official from the City’s website dated August 1, 2005. 11.B.2.Michael Weiner, 102 N. Swinton Avenue, Delray Beach, complimented the Commission and staff on the conduct of the Town Hall meeting. He stated a great deal of opinions were rendered and noted he is not sure what meeting the media reported on. Item At this point, the time being 7:13 p.m., the Commission moved to 9.D. of the Regular Agenda. 9.D. REQUEST FOR FINANCIAL SUPPORT/S.D. SPADY ADVANCED CHORUS : Consider a request for financial support to send nine (9) fourth and fifth grade students from the S.D. Spady Elementary School Chorus selected to perform in Charleston, West Virginia with the American Choral Directors Association Southern Division Honor Choir. Funding is available from 001-1111-511-48.10 (City Commission/Special Events). Robert A. Barcinski, Assistant City Manager, stated this is a request from Mr. Kurt J. Clark, Chorus Director, S.D. Spady Elementary School requesting financial support from the City for nine (9) fourth and fifth grade students who have been selected to travel to Charleston, West Virginia on February 21, 2006 to sing with the American Choral Directors Association Southern Division Honor Choir. Mr. Levinson moved to approve $1,500 for a student and chaperone, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. 9.E.ADDITIONAL REQUEST/DELRAY BEACH FILM FESTIVAL : Consider a request from Mr. Michael Posner to have a surfing contest on the south end of the beach across from Anchor Park to be held on March 11, 2006; and permit the festival to hold a golf tournament at the Municipal Golf Course on March 10, 2006. - 10 - 02/07/06 Robert A. Barcinski, Assistant City Manager, stated this is a request from Mr. Michael Posner, Festival Director and Founder of the Delray Beach Film Festival, for different events he would like to hold during his film festival to be held in March. One is to hold a surfing contest at the south end of the beach across from Anchor Park on th Saturday, March 11 from 8:00 a.m. to 2:00 p.m. and to hold a golf tournament at the thst golf course on Friday, March 10. The other is the closure of N.W. 1 Street from Swinton to the alley west of Swinton Avenue to expand the area available for their Gala being held on Wednesday night at Dada’s. Mr. Barcinski stated Anchor Park has been reserved to the South Florida Lymphomathon on Saturday, March 11, 2006; therefore, parking would be an issue. However, Mr. Posner has indicated he is willing to use part of the Atlantic Dunes parking lot and he will shuttle people back and forth. Mrs. Archer stated Mr. Posner has worked very hard and she supports the request. Mrs. Ellis inquired about an alternative date if there are no waves the day of the surfing contest. In response, Mr. Barcinski stated Sunday, March 12, 2006 would be the alternate date. Mayor Perlman stated he supports the surfing and the Gala; however, he expressed concern over the daytime golf tournament and noted it is City Policy not to allow the golf tournaments during the season. Mrs. Archer moved to approve the request from Mr. Michael Posner with the Delray Beach Film Festival subject to the five recommendations listed in staff’s memorandum, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mayor Perlman – No; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting. 9.F.SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND rd CULTURAL SHOW: Consider approval of a special event request to allow the 3 Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on March 18-19, 2006 from 10:00 a.m. until 10:00 p.m. on the grounds of Old School Square and on a portion of the Old School Square parking lot. Robert A. Barcinski, Assistant City Manager, stated this is a request for rd the Commission to approve the 3 Annual Asian Food Fair and Cultural Show proposed to be held March 18-19, 2006 on the grounds of Old School Square as well as utilizing the Old School Square parking lot. The event is from 10:00 a.m. until 10:00 p.m. Staff is st also requesting the closure of N.E. 1 Avenue north of the grounds of Old School Square st to N.E. 1 Street and staff support. The site will be fenced and there will be an admission charge. The estimated staff overtime costs for the event are $11,400 with an additional estimate of $450 for event signage and barricade rental and $230 to man the parking garage. The event sponsor will be required to pay a portion of the costs which will be $3,485. Staff recommends approval of the event with the following conditions: (1) the City be provided with a certificate of liability insurance from the amusement ride - 11 - 02/07/06 operator prior to the event, and (2) the City be provided with a copy of the State inspection certificate for amusement rides prior to operating any such rides. rd Mr. Levinson moved to the special event request to allow the 3 Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on March 18-19, 2006 from 10:00 a.m. to 10:00 p.m., subject to the conditions listed in the staff report, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 9.G. SPECIAL EVENT REQUEST/SAINT PATRICK’S DAY PARADE: th Approve a special event request to allow the 38 Annual St. Patrick’s Day Parade to be held on Saturday, March 11, 2006. Robert A. Barcinski, Assistant City Manager, stated this is a request for th the 38 Annual Saint Patrick’s Day Parade proposed to be held on Saturday, March 11, 2006. Staff recommends approval subject to the following conditions: (1) all conditions contained in Lt. Williams’ January 20, 2000 memo are met, (2) the event sponsors provide the city with the required liability insurance and hold harmless agreement by st March 1, (3) Event signage not to be put up any earlier than March 1, 2006, (4) Parade st ends at N.W. 1 Avenue versus the South County Courthouse. The City Manager stated this would have gone on the Consent Agenda except they are seeking a media sponsor. th Mrs. Archer moved to approve the special event request to allow the 38 Annual St. Patrick’s Day Parade to be held on Saturday, March 11, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 9.H.HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a Housing Rehabilitation grant/contract award through the Community Development Division in the amount of $24,050.25 to South Florida Construction (314 th N.W. 5 Avenue). Funding is available from 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). Lula Butler, Director of Community Improvement, stated the reason this is on the regular agenda is because staff recommends approval to award to the second lowest bidder as opposed to the lowest bidder. Mrs. Butler stated the lowest bidder is non-performing on his current contract and this contractor has health issues that are interfering with his ability to do the job successfully. Therefore, staff is asking permission to award the contract to the second lowest responsive bidder. Ms. McCarthy moved to approve the housing grant/contract award through the Community Development Division in the amount of $24,050.25 to South Florida Construction (second lowest bidder), seconded by Mrs. Archer. Upon roll call - 12 - 02/07/06 the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. 9.I. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.J.FEDERAL COMMUNICATIONS COMMISSION’S (FCC) NOTICE OF PROPOSED RULEMAKING REGARDING PREEMPTION OF LOCAL GOVERNMENT AUTHORITY AS IT RELATES TO FRANCHISING/ LEIBOWITZ & ASSOCIATES: Consider authorizing Leibowitz & Associates to file a response, on behalf of the City, with the Federal Communications Commission (FCC) on the proposed rulemaking regarding the preemption of Local Government Authority as it relates to franchising. Commissioner Ellis stepped away from the dais. The City Attorney stated there have been emails going back and forth with Ila Feld, et al regarding this item. Mr. Levinson moved to approve Ila Feld to participate on behalf of the City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. 9.K.OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN MARILYN SHUSTER v. CITY OF DELRAY BEACH AND FLORIDA EAST COAST RAILWAY: Consider approval of an Offer of Judgment/Proposal for Settlement in the total amount of $19,000.00 in Marilyn Shuster v. City of Delray Beach. The City Attorney stated this is a request for the Commission to authorize the proposal for settlement in the amount of $19,000.00. The Plaintiff alleges injuries from the fall including a left rotator cuff. If the Plaintiff accepts the City’s settlement offer, then the City would request the Plaintiff release the City of all claims and execute all documents and releases. The City Attorney and the City’s Insurance Adjuster recommend approval of the proposal for settlement. Mr. Levinson moved to approve Offer of Judgment/Proposal for Settlement in the Marilyn Shuster v. City of Delray Beach in the amount of $19,000.00, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. - 13 - 02/07/06 9.L. RESOLUTION NO. 10-06/SCRIPPS RESEARCH INSTITUTE OPPORTUNITY FUND : Consider approval of Resolution No. 10-06 supporting the Scripps Research Institute Opportunity Fund. The caption of Resolution No. 10-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE SCRIPPS RESEARCH INSTITUTE OPPORTUNITY FUND. (The official copy of Resolution No. 10-06 is on file at the City Clerk’s Office.) Commissioner Ellis returned to the dais. Mayor Perlman read the caption of Resolution No. 10-06. For the benefit of the public, Mayor Perlman stated this is really a Tri-City proposal even though the Scripps Research Institute would locate in Boca Raton. It has been a three city bi-county effort in forging this proposal. He stated the Planning and Zoning Department is working with Boca and other city departments as well. He stated the City tries to get a return on their investment with everything they do and he would not support this unless he felt it would give the City a substantial return on that investment. Mayor Perlman stated he believes the $2 million dollars will come back to the City many, many, many fold. He stated he likes how the money will be slotted (i.e. job creation and diversity programs) which will allow people of all walks of life to take advantage of this cluster. He stated it is a great investment and if the City of Delray Beach is fortunate enough to have the Scripps Research Institute locate in Boca Raton, he expects that we will see it return to us many times over. Mr. Levinson stated he is extremely excited about this. Mrs. Archer stated she feels this is money well spent. Mr. Levinson moved to approve Resolution No. 10-06, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. 9.M.APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint two (2) regular members to the Code Enforcement Board for three (3) year terms ending January 14, 2009. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Ellis (Seat #1). Mayor Perlman stated he would like to reappoint Robert Marks as a regular member to the Code Enforcement Board for a three (3) year term ending January - 14 - 02/07/06 14, 2009. Mr. Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote. Mrs. Ellis moved to reappoint Mark Behar as a regular member to the Code Enforcement Board for a three (3) Year term ending January 14, 2009, seconded Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint three (3) “Other Representation” members to the Kids and Cops Committee for two (2) year terms ending November 30, 2007. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3) and Commissioner McCarthy (Seat #4). Mrs. Archer moved to reappoint Jennifer Buce as a regular member to the Kids and Cops Committee for a two (2) year term ending November 30, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. Mr. Levinson moved to reappoint Officer Francis Moschette as a regular member to the Kids and Cops Committee for a two (2) year term ending November 30, 2007, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 5 to 0 vote. Ms. McCarthy moved to reappoint Marilyn Pickens as a regular member to the Kids and Cops Committee for a two (2) year term ending November 30, 2007, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. 9.O. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate 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 Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Arline Sherman as an alternate member to the Nuisance Abatement Board for an unexpired term ending March 31, 2007. Mrs. Ellis so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote. 9.P.APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board - 15 - 02/07/06 to represent the Atlantic Avenue corridor between Swinton Avenue and the Intracoastal for a two (2) year term ending January 31, 2008. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he would like to defer his appointment until the Regular City Commission meeting of February 21, 2006. 9.Q.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). Mayor Perlman stated he wished to appoint Alexander “Sandy” Simon as a regular member to the Police and Firefighters’ Retirement System Board of Trustees for an unexpired term ending June 30, 2006. Mr. Levinson so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – No; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 4 to 1 vote, Commissioner Archer dissenting. 9.R. RECONSIDERATION OF THE POLICE ADVISORY BOARD APPOINTMENTS: Reconsideration of the Police Advisory Board Appointments that were approved at the December 13, 2005 Commission Meeting. Mayor Perlman passed the gavel to Vice Mayor Levinson and made a motion to reconsider the appointment of Joseph Ferrer. In addition, Mayor Perlman stated he would like to see if staff can recruit someone from the Haitian community to serve on this Board because they are a large segment of the community. At this point, Mr. Levinson passed the gavel back to Mayor Perlman to second the motion. Mayor Perlman stated he wished to approve all the names for two and three year terms with the exception of Joseph Ferrer. Mayor Perlman so moved, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer – No; Mr. Levinson – Yes; Ms. McCarthy – No; Mayor Perlman – Yes; Mrs. Ellis DENIED – No. Said motion was with a 3 to 2 vote, Commissioner Levinson and Mayor Perlman dissenting. For clarification, Mayor Perlman stated he does not have a problem with Mr. Ferrer but has a problem with the principle and feels if someone is running for office then this is what they should be doing. Mr. Levinson stated this was raised during the initial discussion that there was not a delineation of representation in the initial discussion by the Committee and there was no demographic profile provided to them other than their application which may or may not have made it clear that someone was or was not a particular ethnicity or from a desired segment of the community. - 16 - 02/07/06 Brief discussion by the Commission followed. Mrs. Ellis moved to ratify the Board members as suggested by the R.A.C.E. Committee, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson – No; Ms. McCarthy – Yes; Mayor Perlman – No; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 3 to 2 vote, Commissioner Levinson and Mayor Perlman dissenting. 9.S.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CATALFUMO CONSTRUCTION, LTD.: Approve Change Order No. 1 (Contract Addition) in the amount of $50,000.00 to Catalfumo Construction, Ltd. to provide a required financial commitment and to reserve a precast manufacturing date for structure components. Funding is available from 380-4150-572-63.29 (G.O. Bond/Old School Square Parking Garage). The City Manager stated the $50,000 to get started is fine but noted the April date for casting will not work as Old School Square Garage takes up more floor space than the Catalfumo Garage. In addition, he stated they have verbally advised that installation will not occur prior to September 2006 and may start as late as the first quarter of 2007. Prior to the vote, Commissioner Archer stated she will not support this request because Mr. Catalfumo is a known perpetrator of domestic violence. Mr. Levinson moved to approve Change Order No. 1 (Contract Addition) to the Preconstruction Services Agreement between the City of Delray Beach and Catalfumo Construction, Ltd. in the amount of $50,000.00, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – No; Mr. Levinson – Yes. Said motion passed with a 4 to 1 vote, Commission Archer dissenting. First At this point, the time being 7:52 p.m., the Commission moved to Readings. 12.FIRST READINGS: 12.A.ORDINANCE NO. 5-06: Future Land Use Map amendment from County RL-3 (Low Density Residential – 3 units per acre) to City TRN (Transitional) and Annexation with the establishment of initial City zoning of SAD (Special Activities District) for Safe and Secure (aka Robotic Space Savers) located at the southwest corner of Conklin Drive and Military Trail. The caption of Ordinance No. 5-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE - 17 - 02/07/06 SOUTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF TRANSITIONAL FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 5-06 is on file at the City Clerk’s Office.) The City Attorney read the caption of the ordinance. She stated this is before the Commission for a first reading at this time and the second reading/quasi- judicial hearing will be several months away. Paul Dorling, Director of Planning and Zoning, stated this property is located in unincorporated Palm Beach County and has a CG/SE (Commercial General/Special Exception) zoning designation. The property is located within the City’s Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation. The applicant is proposing to build a 4-story self storage building with associated parking and landscaping. At its meeting of January 23, 2006, the Planning and Zoning Board held a public hearing in conjunction with this request. There was public testimony in opposition from the adjacent single family neighborhood. There was significant concern that revolved around the proximity of the proposed development to Conklin Drive residential development and that it was inconsistent with the existing land use pattern for that community as well as the adjacent residential properties to the south, west, and east. Staff recommended that this be denied based upon issues on compatibility and inappropriate intensity of development. The SAD zoning that is being sought is actually a zoning district for projects that are otherwise not classified or categorized in other zone districts. The zoning designations that would accommodate this kind of facility are industrial (i.e. light industrial, mixed industrial, and some commercial). Staff feels an industrial type development would not be appropriate. Staff recommends to deny this item on first reading the ordinance for Annexation, the FLUM amendment from County - 18 - 02/07/06 LR-3 (Low Residential – 3 du/ac) to City Transitional (TRN), and the initial zoning designation of SAD (Special Activities District), based upon the findings of fact and law contained in the staff report, and failure to make positive findings with respect to LDR Section 3.2.2(D), 3.1.1 (Consistency), 3.1.1 (Compatibility), 2.4.5(D)(5) (Reasons for Rezoning) and inconsistencies with the Comprehensive Plan more specifically FLUM Element Policy A-1.7, Policy A-2.3, and Objective A-1. Mr. Levinson moved to approve Ordinance No. 5-06, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 5 to 0 vote. 12.B.ORDINANCE NO. 6-06: Modification to the SAD (Special Activities District) zoning district to allow the construction of two new buildings which total 17,700 square feet for the Delray Beach Extra Closet, located on the east side of Military Trail approximately 2,450 feet south of Lake Ida Road. If passed, a public hearing will be held on February 21, 2006. The caption of Ordinance No. 6-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE EXTRA CLOSET SPECIAL ACTIVITIES DISTRICT (SAD), AS ESTABLISHED BY ORDINANCE 28-89, BY ADDING TWO MORE SELF SERVICE STORAGE FACILITY BUILDINGS TOTALING 17,700 SQUARE FEET; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 6-06 is on file at the City Clerk’s Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property is a 4.95 acre tract located on the east side of Military Trail approximately 2,450 feet south of Lake Ida Road. The ordinance applied an SAD zoned district for the property and incorporated a site development plan, which allowed the construction of two (2) one- story self-storage buildings. The proposal before the Commission is an amendment of the SAD (processed as a rezoning) which involves modification of the approved site plan. The modification will involve the addition of two self-storage facility buildings bordering the south side of the property. At its meeting of January 23, 2006, the Planning and Zoning Board held a public hearing in conjunction with review of the request. One person from the public - 19 - 02/07/06 spoke in opposition to the proposed modification. After discussion, the Board voted 7-0 to recommend approval. Mr. Dorling stated this ordinance will be back to the City Commission in two weeks for second and final reading. The City Attorney stated the caption of the ordinance will be revised to reflect the Special Activities District (SAD) formerly known as the Extra Closet SAD. Mr. Levinson moved to approve Ordinance No. 6-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote. 12.C.ORDINANCE NO. 7-06: Rezoning from SAD (Special Activities District) to RM (Medium Density Residential) for Bahia Delray (fka Waterford Village Apartments), located approximately 2,100 feet south of Linton Boulevard, between I-95 and Lindell Boulevard. If passed, a public hearing will be held on February 21, 2006. The caption of Ordinance No. 7-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF AUDUBON BOULEVARD, ON THE WEST SIDE OF DOTTEREL ROAD, BETWEEN I-95 AND LINDELL BOULEVARD, AS MORE PARTICULARLY 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. 7-06 is on file at the City Clerk’s Office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a 25.29 acre parcel that contains Waterford Village currently zoned SAD and the request is to go to MD (Medium Density Residential 5-12 dwelling units/acre) which is consistent with the underlying use of the property as well as the Future Land Use Map Designation of Medium Density. This is to be accompanied by a Class IV Site Plan Modification to construct 48 additional three-story townhome units and convert the existing residential apartment rental units into condominiums for sale. The additional 48 units would increase the density of the project from 9.36 to 11.27 dwelling units per acre. - 20 - 02/07/06 At its meeting of January 23, 2006, the Planning and Zoning Board considered this request and voted unanimously 7-0 to recommended approval. Mr. Levinson moved to approve Ordinance No. 7-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 9-06: An ordinance amending Chapter 102, “Streets and Sidewalks”, of the Code of Ordinances by enacting Section 102.43, “Standards for Newsracks and Modular Newsracks, including Maintenance, Installation, and Locations”, to provide additional standards for the safe and secure installation of newsracks throughout the City. If passed, a public hearing will be scheduled for February 21, 2006. The caption of Ordinance No. 9-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 102, “STREETS AND SIDEWALKS”, SECTION 102.43, “STANDARDS FOR NEWSRACKS AND MODULAR NEWSRACKS, INCLUDING MAINTENANCE, INSTALLATION AND LOCATIONS”, TO PROVIDE ADDITIONAL STANDARDS FOR THE SAFE AND SECURE INSTALLATION OF NEWSRACKS THROUGHOUT THE CITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 9-06 is on file at the City Clerk’s Office.) The City Attorney read the caption of the ordinance. Mr. Levinson commented that the change now requires the newsracks to be bolted down to a concrete pad. Mr. Levinson moved to approve Ordinance No. 9-06 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 10-06: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.16, "Certain Codes Adopted by Reference", of the Code of Ordinances, by updating the references to the Florida Building Codes and National Fire Protection Association Codes and to provide a procedure for affected - 21 - 02/07/06 individuals to challenge the City’s local amendment provisions. If passed, a public hearing will be scheduled for February 21, 2006. The caption of Ordinance No. 10-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", BY UPDATING THE REFERENCES TO THE FLORIDA BUILDING CODE AND TO CERTAIN NATIONAL FIRE PROTECTION ASSOCIATION CODES; ENACTING A NEW SECTION 96.17, “APPEALS”, TO PROVIDE A PROCEDURE FOR AFFECTED INDIVIDUALS TO CHALLENGE THE CITY’S LOCAL AMENDMENT PROVISIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-06 is on file at the City Clerk’s Office.) The City Attorney read the caption of the ordinance. Mrs. Ellis moved to approve Ordinance No. 10-06 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote. Item 13, Comments and At this point, the Commission moved to Inquiries on Non-Agenda Items. 13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.City Manager The City Manager stated at the January 3, 2006 City Commission meeting there was discussion about the injuries caused by people firing into the air and he will forward the report he received from Chief Schroeder about this issue to the Commission. The City Manager stated Legislation has been requested to make this incident a felony instead of a misdemeanor. The major difference being in order for the Police Department to arrest someone that does this, a Police Officer would have to observe them do it and if it is a felony they can arrest them based on substantial evidence. The report outlines some of the steps the Police Department is planning to take both in education and in - 22 - 02/07/06 getting more officers out into the community to try and catch anyone that might be doing this kind of activity. Secondly, he commented about the time schedule on the Congress Avenue Corridor Plan and stated it is currently scheduled for consideration by the Planning and th Zoning Board at their March 20 meeting and would come before the City Commission for LDR changes at the April 4, 2006 meeting. The associated Comprehensive Plan amendments would be submitted to the Department of Community Affairs with the first amendment of 2006 which is scheduled for July immediately after completion of the Evaluation and Appraisal Report. Lastly, the City Manager stated he will be attending the Florida City and County Management Foundation (FCCMF) Winter Institute on Thursday and Friday and th will also be celebrating his in-laws 60 Wedding Anniversary this weekend. Therefore, the City Manager stated Mr. Barcinski will be Acting City Manager. 13.B.City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C.City Commission 13.C.1.Mrs. Archer Mrs. Archer stated the Delray Beach International Tennis Championships was great. 13.C.2.Mrs. Ellis Mrs. Ellis thanked Mayor Perlman for his efforts and contributions on the efforts to bring SCRIPPS to South County. Secondly, Mrs. Ellis stated Commissioner McCarthy was honored at the African American Diaspora Awards and noted she was very proud to be there. Lastly, Mrs. Ellis stated she is thrilled over the Congress Avenue Corridor development. 13.C.3.Ms. McCarthy Ms. McCarthy stated she is elated over the City initiated Congress Avenue Plan. Secondly, she commented about the last Art & Jazz on the Avenue and the Grand Opening of Atlantic Grove businesses. Ms. McCarthy stated she has received a - 23 - 02/07/06 multitude of telephone calls around Delray Beach regarding SCRIPPS and through these telephone calls she is finding that Mayor Perlman has been everywhere. Ms. McCarthy extended kudos to Jane Tolliver’s business for hosting the th African American Diaspora Awards (4 year) and stated she has been able to see it grow. Lastly, Ms. McCarthy stated she is a football fan and got the best of both worlds because she was able to see her family and then she went to watch the Super Bowl to see the Steelers win. 13.C.4. Mr. Levinson Mr. Levinson stated in addition to Coretta Scott King’s funeral which was today, last week was the funeral for Jack Frysinger. Mr. Frysinger was a longtime resident of Delray Beach and a participant on many of the City Boards. Secondly, he asked for an updated Goals and Action Progress Report. The City Manager stated Doug Smith, Assistant City Manager, has been working on this for a couple of weeks. He stated he was at the League of Cities lunch and commented about a brochure made available by the City. He stated the brochure is very nice because it holds a lot of information in a very small document and is inexpensive to print. Mr. Levinson stated he received a fax from Gator Investments regarding South Federal Highway and noted that the City asked DOT’s consultant, URS, to go back and do some studies on the traffic counts and accident histories. Mr. Levinson stated Dr. Kathy Weigel was named the High School Principal of the Year by the Florida African American Education Alliance (FAAEA). He suggested that the City of Delray Beach recognize her for receiving this prestigious award. He commented about the newspaper article and the media coverage of the Town Hall meeting. He stated the tennis tournament was fabulous. Lastly, he stated the La France Hotel Exhibit at the Spady Museum is terrific and encouraged everyone to go see it. 13.C.5.Mayor Perlman Mayor Perlman commented about the tennis tournament and stated the City of Delray Beach presented Andre Agassi with a Key to the City. - 24 - 02/07/06 Secondly, he congratulated Commissioner McCarthy for being named “Woman of the Year” at the African American Diaspora Awards. Mayor Perlman stated he attended the Pines of Delray North Annual Meeting and noted they are still struggling with damage from the hurricane. He stated he received an email from URS asking him to acknowledge its receipt. He stated it is a cover letter in PDF format; however, he is uncertain as to what he would be acknowledging and noted he will forward this to the City Attorney. Mr. Levinson asked the City Manager to write a letter to URS from the Commission that based upon the presentation the City does not support the proposed Plan as it was presented. Mr. Levinson stated there were many questions that were asked that were not answered and until these questions are answered the Commission reserves judgment on the Plan. Mayor Perlman stated he requested that C. Ron Allen (winner of one of the Governor’s Points of Light Award) be scheduled on an upcoming Agenda. He announced that Mr. Allen has a Brain Bowl on Saturday morning at Old School Square. Mayor Perlman stated he had the opportunity to attend Pastor Thomas’ Retirement Service at St. Paul’s Missionary Baptist Church and it was a wonderful event. He stated Pastors from other churches came to pay tribute to Pastor Thomas. In addition, Mayor Perlman stated Commissioner McCarthy provided Pastor Thomas with tennis tickets. Mayor Perlman stated we are in an Election Season and he is concerned about truth and will be holding people accountable to the truth. He stated there was an article that ran over the weekend in the Palm Beach Post that was referenced this evening about “Commission Not Talking to Us”. Mayor Perlman stated the City has been in this particular neighborhood with a huge amount of effort in doing the Southwest Plan. He stated if you total up what has occurred in these neighborhoods for the past six years (i.e. formation of the Land Trust, the Gateway feature that is coming, the new library on West Atlantic, sidewalks in the southwest section, Weed & Seed, the West Settlers District, th NW/SW 5 Avenue, business grants that have been given to entrepreneurs, an expanded Village Academy, new Boys & Girls Club, the Beacon Center, the soon to be neighborhood resource center, the plan for the new Carver Estates, plans for the new Carver Square, support for the Spady Museum, the free tennis programs through the Community Olympic Development Program and the Delray tennis patrons, the Osceola Park Plan, the Renaissance Housing Program, the hundreds of thousands of dollars in the CDBG investments, Atlantic Grove, the R.A.C.E. Relations efforts, affordable housing programs, new parks, pocket parks and the Southwest Park, the re-do of Pompey Park, support of non-profits, the non-profit academy and the support of various festivals) he feels the City of Delray Beach has a pretty good record. Mayor Perlman stated the City of Delray Beach has gone into the neighborhoods and has solicited input. - 25 - 02/07/06 Mayor Perlman stated Mr. Franciosa was quoting him with regard to televising the City Commission meetings. He stated televising the meetings is something to consider in upcoming budgets. Mayor Perlman stated although he has not heard a lot from the community with regard to televising the meetings, he thinks it is important to provide as much openness and access as possible for the public. The City Manager stated there are two options. The City of Delray Beach is buying a radio station and it would be very easy to place meetings on there. Secondly, he stated he is much more interested in video streaming versus putting it on cable. The City Manager stated video streaming is much less costly than setting up to do cable television. Mayor Perlman asked if there has ever been a study with regard to typical viewer ship. Mayor Perlman stated not enough information is getting out and stated Commissioner McCarthy had a wonderful idea that the hundreds of people who participate in the plans should sign the plans. He stated if there are signatories to those plans it provides a sense of ownership and is also evidence in the future that people came out and spent numerous hours giving their input and sketching out ideas and working with planners on the future of their neighborhoods. The City Manager stated the City of Delray Beach received national awards for citizen participation particularly for the Downtown Master Plan. There being no further business, Mayor Perlman declared the meeting adjourned at 8:34 p.m. ~~~.~~ City Clerk ATTEST: 8~o~ ~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on February 7, 2006, which Minutes were formally approved and adopted by the City Commission on February 21, 2006 - 26- 02/07/06 ~:v. \-J~ City Clerk 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. - - - 27- 02/07/06 -- IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA PINEAPPLE GROVE LIMITED, Appellant(s), vs. CITY OF DElRAY BEACH. Appellee. I ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The site plan was approved by the Historic Preservation Board (HPB) without certain waivers and variances that were requested by Appellant and denied by the HPB. This appeal of denial of the waivers and variances came before the City Commission on February 7, 2006. 2. Appellant and Appellee had stipulated that the site plan itself Is consistent with the Comprehensive Plan. the Future Land Use Map and the concurrency requirements were met. The parties stipulated that the appeal concems only the denial of certain waivers and a variance from the Land Development Regulations which were denied by HPB. 3. The Appellants and City staff presented documentary evidence and testimony to the City Commission. All of the evidence is a part of the record in this case. 4. Right of Way Dedication: Appellant requests the City Commission grant a variance to Section 4.3.4(H)(I). The Appellant asked for a variance to be granted on the above right-of-way dedication requirement so that the setback is measured from the property line versus the ultimate right-of-way line. The City Attorney opined that the City Commission did not have jurisdiction to grant the variance as all appeals of variance denials go to the Circuit Court. This r+Cth qA variance was not timely appealed to the Circuit Court and the City Commission did not have jurisdiction to grant the appeal. 5. Waivers: Pursuant to lOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 6. Appellant asked for a waiver of swimming pool setbacks. Pursuant to lOR Section 4.6.15(G)(1), swimming pools ara allowed to extend Into a rear or side setback area but no closer than 10 feat to any property line. However, swimming pools are prohibited within the front setback since there is no provision for their encroachment. The proposed duplex and townhouse pools are located completely within the front yard setback. The applicant has submitted a wavier request to allow the cools within the front setback. Should the waiver for swimming pool within the front setback be granted? Yes 0 7. Wall8etbacll: No 5 Pursuant to lOR Section 4.6.5(E) & (F), masonry walls located in the front yard must be screened by landscape material that is to be maintained at a minimum height equal to half the height of the wall. landscape materials must be of the type that WIll reach the required height within two years of planting. These walls must be setback 2 feet from the property line to provide adequate araa for vegetation to mature. The proposed wall is located along the property line with no setback and landscaping. The applicant has requested a waiver to eliminate the required wall setback and landscapIng. 2 - Should the waiver be granted for wall setback and landscape requirements? Yes 0 No 5 8. Wall Helaht: Per lDR Section 4.6.5(C), the maximum height of walls within the required front or street side yard is 6 feet. The proposed entry feature and gates exceed the six foot (6') requirement. The applicant has raquested a waiver to allow an increase in height over six feet (6') for the gate and entry feature. Should the waiver be granted for wall height for the entry feature? Yes 3 No 2 9. The City Commission has applied the Comprehensive Plan and lDR requirements In existence at the time the original site plan was submitted. 10. 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 which supports the findings set forth In this Order. 11. Based on the entire record before it, the City Commission approves the waiver of the wall height for the entry feature and denies the other waivers appealed by Appellant finds it is without jurisdiction to hear the variance appeal and hereby adopts this Order this 7th day of February, 2006, by a vote of 5 in favor and 0 opposed. ATTEST: ~~..~.~.~ Chevelle Nubln City Clerk - 3