03-06-06 Agenda Results Reg
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
City Commission Meeting RULES FOR PUBLIC PARTICIPATION
1.PUBLIC COMMENT:
The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Monday, March 6, 2006
Generally, remarks
and the right to limit discussion rests with the Commission.
by an individual will be limited to three minutes or less
. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
A.
Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
section.
Delray Beach City Hall
B.
Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter within the scope of
jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or
comments.
C.
Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed only when requested by a member of the City Commission.
2.SIGN IN SHEET:
Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the
sheet located on the right side of the dais. If you are not able to do so prior to the
start of the meeting, you may still address the Commission on an appropriate item.
The primary purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the sign-in
sheet if you have not already done so.
3.ADDRESSING THE COMMISSION:
At the appropriate time, please step up to
the podium and state your name and address for the record. All comments must
be addressed to the Commission as a body and not to individuals. Any person
making impertinent or slanderous remarks or who becomes boisterous while
addressing the Commission shall be barred by the presiding officer from speaking
further, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
100 NW 1st Avenue
The City will furnish auxiliary aids and services to afford an individual with a
Delray Beach, Florida 33444
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Smith 243-7010, 24
Phone: (561) 243-7000
hours prior to the event in order for the City to accommodate your request.
Fax: (561) 243-3774
Adaptive listening devices are available for meetings in the Commission
Chambers.
1.ROLL CALL.
(Commissioner Levinson arrived at 6:24 p.m.; Commissioner McCarthy absent)
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Mayor noted additional information for Items 8.M.2, Various Bid Awards
for City vehicles; 9.C, Waiver Requests/Coda Property; and 9.J, Moratorium/Development Proposals/
Historic Districts; Item 8.H, Request for Proposal/Multi Space Meters, was moved to the Regular
Agenda as Item 9.A.1; Request from the United States Conference of Mayors was added to the Regular
Agenda as Item 9.K; Item 8.I, Third Amendment to Contract for Sale and Purchase/Auburn Trace, was
pulled from the agenda; Approved as amended, 3-0)
5.APPROVAL OF MINUTES:
?
February 21, 2006 – Regular Meeting
(Approved, 3-0)
6.PROCLAMATIONS:
A.Commending multiple medal winners - Delray Beach 2006 Senior Games
B.Recognizing American Red Cross Month – March 2006
C.Recognizing Fair Housing Month – April 2006
7.PRESENTATIONS:
?
NONE
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 3-0)
A.LEASE AGREEMENT EXTENSION/FIRST PRESBYTERIAN CHURCH:
Approve a lease agreement extension request to First Presbyterian Church for the
Gleason Street Parking Lot.
B.CONTRACT RENEWAL/PARKING PROS: Approve the renewal of a contract
with Parking Pros for the staffing of the South County Courthouse Garage on weekend
evenings. Funding is available from 001-3151-545-34.90 (General Fund/Other
Contractual Services).
C.PUBLIC PARKING FEE SPACES/CODA DEVELOPMENT: Approve the
purchase of nineteen (19) public parking fee spaces in the amount of $304,000.00, in
st
accordance with Ordinance No. 79-05, by the Coda Development, located on S.W. 1
stnd
Street, between S.W. 1 Avenue and S.W. 2 Avenue.
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D.SERVICE AUTHORIZATION NO. 32.1/DAVID MILLER & ASSOCIATES,
P.A.: Approve Service Authorization No. 32.1 to David Miller & Associates, P.A. in
the amount of $121,000.00 for consulting services in the design of future expansion
areas and interior renovations as part of the City Hall Space Study Project. Funding is
available from 334-6112-519-31.30 (General Construction Fund/Engineering &
Architectural).
E.COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of
the funding agreement with sub-recipient, The Center for Technology, Enterprise, and
Development, in the amount of $30,000.00. Funding is available from 118-1965-554-
83.01 (Community Development Fund/Other Grants & Aids).
F.GRANT AWARD WAIVER/STATE HOUSING INITIATIVES
PARTNERSHIP PROGRAM (SHIP): Approve a one time waiver of the maximum
$8,000.00 grant award established for the disaster relief strategy under the City’s Local
Housing Assistance Plan; and approve a payment of $8,750.00 to the Henry Cooper
household.
G.RESOLUTION NO. 13-06: Approve Resolution No. 13-06 opposing the removal of
local cable franchise authority, which would preempt the City’s authority over cable and
video services; abrogate the franchise agreement with Adelphia; lower the City’s revenue
for cable services; reduce the City’s public, educational, and government (PEG)
capacity, and the City would lose the capital grant from Adelphia.
H.(MOVED TO ITEM 9.A.1 ON THE REGULAR AGENDA)
I.THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/
AUBURN TRACE: Approve the Third Amendment to the Contract for Sale and
Purchase between the City and Auburn Trace, LTD. to extend the closing date to
March 15, 2006 and to incorporate the Cooperation Agreement.
(PULLED)
J.HOLD HARMLESS AGREEMENT/STRUCTURES IN RIGHT-OF-WAY:
Approve and accept a hold harmless agreement between the City and Samuel L. Hagan,
Jonathan A. Fuchs, and Christina Hagan to allow a fence to be placed in the alley right-
of-way.
K.FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/
RESOLUTION NO. 14-06/HURRICANE WILMA: Approve a Joint Participation
Agreement (JPA) with the Florida Department of Transportation (FDOT) for funding
in an amount up to $287,440.59 for the City’s removal of debris and police maintenance
of traffic along roads classified by the Federal Highway Administration to be damaged
by Hurricane Wilma; and approve Resolution No. 14-06.
L.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 21, 2006 through March 3, 2006.
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M.AWARD OF BIDS AND CONTRACTS:
1.Purchase award to Taylor Data Systems, Inc. in the amount of $26,074.95 for
the purchase of five (5) additional in-vehicle Mobile Data Terminals with
software and wireless service for the Fire-Rescue Department. Funding is
available from 334-6111-522-64.11 (General Construction Fund/Computer
Equipment).
2.Various bid awards in the amount of $625,555.00 via the Florida Sheriffs’
Association Contract #04-12-0823 Rollover, State of Florida Contract #007-
001-05-1, GSA Contract GS-30F-1029D, and the Florida State D.O.T. Contract
#FVPP-05-CA-5 for the replacement of City vehicles. Funding is available
from 501-3312-591-64.20 (Central Garage Fund/Automotive).
3.Contract award to Hardrives, Inc. in an amount not to exceed $60,000.00 for
the excavation, hauling, and disposal of excess lime sludge from the sludge
overflow lagoon at the Water Treatment Plant. Funding is available from 442-
5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair &
Maintenance).
9.REGULAR AGENDA:
A.NATIONAL INDOOR FOOTBALL LEAGUE/TENNIS CENTER: Provide
direction and authorize staff to finalize a contract with Image Sports Management, Inc.,
a member of the National Indoor Football League, for use of the Tennis Stadium and
other facilities, including parking lots, for the Palm Beach Phantoms.
(Motion to approve
finalizing contract with Image Sports; Approved, 4-0)
A.1. REQUEST FOR PROPOSAL/MULTI SPACE METERS: Approve the Request
for Proposal for the purchase, installation, and maintenance of multi space meters as
advertised.
(Consensus of the Commission to obtain information on full scope of options)
B.CONDITIONAL USE REQUEST/DELRAY BEACH YACHT CLUB:
Consider a request to allow a new yacht club with facilities (Yacht Club at Delray Beach)
by allowing the demolition and reconstruction the current Delray Beach Yacht Club,
located at 110 MacFarlane Drive, pursuant to Land Development Regulations (LDR)
Sections 4.4.6(D)(9), “Conditional Uses and Structures Allowed; Yacht Club with
Facilities”, and 2.4.5(E)(5), “Conditional Use Required Findings”. (Quasi-Judicial
Hearing)
(Motion to approve Board Order; Approved, 4-0)
C.WAIVER REQUESTS/CODA PROPERTY: Consider a request for waiver of
Land Development Regulations (LDR) Section 4.4.17(H)(1), “Residential Office (RO)
district; Special Regulations”, and Section 4.6.9(D)(3)(c), “Design Standards; Stacking
distance” associated with the Class V site plan for the CODA (fka Lighthouse) project,
stst
located at the southwest corner of S.W. 1 Street and S.W. 1 Avenue. (Quasi-Judicial
Hearing)
(Motion to approve Board Order; Approved, 4-0)
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D.CONDITIONAL USE REQUEST/MAROONE FORD: Consider a request to
establish a parking and storage lot for vehicles within the MIC (Mixed Industrial and
Commercial) district for Maroone Ford, located on the west side of Wallace Drive,
between Georgia Street and Milfred Street. (Quasi-Judicial Hearing)
(Motion to
POSTPONE until the March 21, 2006 Commission Meeting; Approved, 4-0)
TH
E.CONDITIONAL USE REQUEST/14 AVENUE TOWNHOMES: Consider a
request to allow a density in excess of 12 units per acre (12.4 dwelling units per acre
proposed) in the Southwest Area Neighborhood Overlay District in accordance with
th
the provision of the City’s Family/Workforce Housing Ordinance, for 14 Avenue
Townhomes, a proposed 24-unit townhome residential development, located on the
thstnd
east side of S.W. 14 Avenue, between S.W. 1 Street and S.W. 2 Street. (Quasi
Judicial Hearing)
(Motion to approve Board Order, 3-0; Mayor Perlman filed Conflict of
Interest, passed the gavel to Vice-Mayor Levinson, and left dais)
F.AGREEMENT/CGI COMMUNICATIONS, INC.: Consider approval of an
agreement with CGI Communications, Inc. to provide an online community video
program for the City.
(Consensus of the Commission to delay action on this item; Mayor
Perlman returned to dais)
G.SPECIAL EVENT REQUEST/DELRAY AFFAIR:Consider approval of a special
th
event request from the Chamber of Commerce to endorse the 44 Delray Affair to be
held on April 21-23, 2006; contingent upon the staff recommended exceptions, receipt
of a certificate of general liability insurance, liquor liability insurance, and a hold
harmless agreement.
(Motion to approve subject to conditions; Approved, 4-0)
H.SPECIAL EVENT ASSISTANCE REQUEST/PALM BEACH
INTERNATIONAL FILM FESTIVAL:Consider approval of request from the
Palm Beach International Film Festival to prepare and put up event signage, hang 30
banners on our decorative light poles, and allow the use of seven (7) metered parking
spaces on A-1-A, across from the Marriott, at no charge.
(Motion to approve subject to
conditions; Approved, 4-0)
I.SPECIAL EVENT SIGNAGE REQUEST/WAYSIDE HOUSE:Consider
approval of a request from the Wayside House to allow the placement of five (5) event
signs for the Spring Boutique fundraiser to be held March 7-9, 2006 at the Colony
Hotel. Staff recommends denial.
(Motion to approve request; DENIED, 3-1;
Commissioner Archer dissenting)
J.MORATORIUM/DEVELOPMENT PROPOSALS/HISTORIC DISTRICTS:
Consider a six (6) month moratorium on the demolition and large scale construction in
the historic districts.
(Direction to go forward with moratorium; Approved, 3-1;
Commissioner Levinson dissenting)
K.REQUEST FROM THE UNITED STATES (US) CONFERENCE OF
MAYORS: Consider a request from the United States (US) Conference of Mayors
requesting support of the Community Development Block Grant Program (CDBG) in
the fiscal year 2007 budget.
(Consensus of the Commission to call Senators and do a letter)
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10.PUBLIC HEARINGS:
A.ORDINANCE NO. 11-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations Section 2.4.4(E)(2),
“Expiration of Approvals; Conditional Uses, Site Plans, Landscaping Plans,
Architectural Plans, Preliminary Subdivision Plats”, to clarify the timeframes for
development approvals. If passed, a second public hearing will be scheduled for March
21, 2006.
(Approved, 4-0)
B.ORDINANCE NO. 12-06: An ordinance amending Chapter 37, "Delray Beach Code
Enforcement", Section 37.45, "Supplemental Code Enforcement Procedures", of the
Code of Ordinances, to include enforcement by Law Enforcement Officers of all non-
criminal City ordinances.
(Approved, 3-0; Mayor Perlman passed the gavel to Vice-Mayor
Levinson, and left dais)
11.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
12.FIRST READINGS:
A.ORDINANCE NO. 13-06: An ordinance amending Chapter 36, "Finance; City
Property Transactions”, Section 36.01, "Compliance with Standard Practice
Instructions”, of the Code of Ordinances, to provide that personal services contracts
are exempt from the requirements of Chapter 36. If passed, a public hearing will be
held on March 21, 2006.
(Approved, 4-0; Mayor Perlman returned to dais)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 9:23 p.m. ******
03-06-2006
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