02-21-06 Minutes Reg
FEBRUARY 21, 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 6:03 p.m., Tuesday, February 21, 2006.
1.
Roll call showed:
Commissioner Patricia Archer (arrived at 6:09 p.m.)
Present -
Commissioner Rita Ellis
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -David T. Harden, City Manager
Susan A. Ruby, City Attorney
Also present were -Chevelle D. Nubin, City Clerk
Brian Shutt, Assistant City Attorney
Douglas Smith, Assistant City Manager
2.
The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
3.
The Pledge of Allegiance to the flag of the United States of America was
given.
4.AGENDA APPROVAL.
Item 8.P.,Third Amendment to Contract for
Mayor Perlman stated
Sale and Purchase/Auburn Trace
, has been removed from the Agenda.
Item10.B., Ordinance No. 5-06
He noted , will not be heard this evening
Item 10.C.,
and will come back before the Commission in May 2006. In addition,
Ordinance No. 6-06
is being removed due to a request from the City Attorney and will
be finalized after site plan approval by the Site Plan Review and Appearance Board
(SPRAB).
Item 8.K.,
Also, Mayor Perlman stated there is additional information for
Change Order No. 1/West Construction, Inc.
Ms. McCarthy moved to approve the Agenda as amended, seconded by
Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr.
Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes. Said motion passed with a
4 to 0 vote.
02/21/06
5. APPROVAL OF MINUTES:
Mrs. Ellis moved to approve the Minutes of the Regular Meeting of
February 7, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Mr. Levinson – Yes; Ms. McCarthy – Yes; Mayor Perlman – Yes; Mrs. Ellis –
Yes. Said motion passed with a 4 to 0 vote.
Ms. McCarthy moved to approve the Minutes of the Workshop Meeting of
February 14, 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. Said motion passed with a 4 to 0 vote.
6.PROCLAMATIONS:
?
NONE
7.PRESENTATIONS:
7.A.RESOLUTION NO. 9-06:Robert
Recognizing and commending
Phillips
for35 years of dedicated service to the City of Delray Beach.
The caption of Resolution No. 9-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, RECOGNIZING AND
ROBERT PHILLIPS
COMMENDING FOR THIRTY-FIVE
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH.
(The official copy of Resolution No. 9-06 is on file at the City Clerk’s
Office.)
Mayor Perlman read and presented Resolution No. 9-06 to Mr. Phillips.
Mr. Levinson moved to approve Resolution No. 9-06, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes;
Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Levinson – Yes. Said motion passed with a
4 to 0 vote.
7.B.Recognizing and commending C. Ron Allen for receiving the
Governor’s Points of Light Award
Mayor Perlman read and presented the Governor’s Points of Light Award
to C. Ron Allen. Mr. Allen came forward and gave a few brief comments.
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02/21/06
8.CONSENT AGENDA:
City Manager Recommends Approval.
8.A.RESOLUTION NO. 11-06:
Approve Resolution No. 11-06 abandoning
a portion of an unimproved north-south alleyway within Block 2 of the plat of Sophia
Frey Subdivision Addition to Delray.
The caption of Resolution No. 11-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A NORTH-
SOUTH UNIMPROVED ALLEY RIGHT-OF-WAY
LYING BETWEEN LOTS 4,5,6,7 AND 13,14,15,16,
BLOCK 2, SOPHIA FREY ADDITION TO DELRAY,
LOCATED BETWEEN NORTH FEDERAL HIGHWAY
TH
(U.S. 1) AND NE 7 AVENUE, APPROXIMATELY
150’ NORTH OF GEORGE BUSH BOULEVARD, BUT
RESERVING AND RETAINING TO THE CITY A
GENERAL UTILITY EASEMENT OVER THE ENTIRE
ABANDONMENT AREA AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT “A”.
(The official copy of Resolution No. 11-06 is on file at the City Clerk’s
Office.)
8.B.RESOLUTION NO. 12-06:
Approve Resolution No. 12-06 assessing
costs for abatement action required for the emergency board-up of an unsafe structure
nd
located at 614 N.W. 2 Street.
The caption of Resolution No. 12-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
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02/21/06
(The official copy of Resolution No. 12-06 is on file at the City Clerk’s
Office.)
8.C.FIRST AMENDMENT AND EXTENSION/MEMORANDUM OF
AGREEMENT/SOUTH FLORIDA URBAN SEARCH AND RESCUE TASK
FORCE:
Approve the First Amendment and Extension to the South Florida Urban
Search and Rescue Task Force Memorandum of Agreement for the City’s continued
participation in the South Florida Urban Search and Rescue Task Force.
8.D.RESOLUTION NO. 8-06:
Approve Resolution No. 8-06 recognizing
John J. Fletcher, Jr.
and commending for30 years of dedicated service to the City of
Delray Beach.
The caption of Resolution No. 8-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
JOHN J. FLETCHER, JR.
AND COMMENDING FOR
THIRTY YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
(The official copy of Resolution No. 8-06 is on file in the City Clerk’s
office.)
8.E. RATIFICATION OF THE OLD SCHOOL SQUARE BOARD OF
DIRECTORS FOR 2006:
Approve and ratify the proposed slate of Directors for the
Old School Square Board for 2006.
8.F.RATIFICATION OF THE SISTER CITIES COMMITTEE BOARD
OF DIRECTORS FOR 2006:
Approve and ratify the proposed slate of Directors for
the Sister Cities Committee for 2006.
8.G.CONTRACT CANCELLATION/FIRST GENESIS LAWN
SERVICE, INC.:
Authorize the cancellation of the contract with First Genesis Lawn
Services, Inc. for landscape maintenance of Atlantic Avenue (west of the CSX Railroad
to Military Trail) and authorize staff to re-bid this project.
8.H.AGREEMENT/PALM BEACH COUNTY/MILLER PARK:
Approve
and accept a Palm Beach County Recreation Assistance Program Funding Agreement
between the City and Palm Beach County in the amount of $10,000.00 for construction of
the Miracle Field at Miller Park.
8.I.AGREEMENT/PALM BEACH COUNTY/LAKE IDA PARK:
Approve and accept a Palm Beach County Florida Boating Improvement Program Project
Agreement between the City and Palm Beach County for funding in the amount of a
$100,000.00 grant for renovations to Lake Ida Park.
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02/21/06
8.J.FINAL PAYMENT (CONTRACT CLOSEOUT)/BERMUDA
LANDSCAPE:
Approve final payment (contract closeout) in the amount of $30,771.50
to Bermuda Landscape DBA Southeastern Irrigation for the completion of the West
Linton Boulevard Beautification Project. Funding is available from 119-4151-572-63.20
(Beautification Trust Fund/Landscaping/Beautification).
8.K.CHANGE ORDER NO. 1/WEST CONSTRUCTION, INC:
Approve
Change Order No. 1 between the City and West Construction, Inc. in the amount of
$75,357.00 for the addition of previously removed improvements to the Machek Boy
Scout Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O.
Bond/Mike Machek Boy Scout Park). (Additional information included a change in the
amount of Change Order No. 1 from $69,709.00 to $75,357.00).
8.L.GRANT FUNDING REQUEST/PALM BEACH INTERNATIONAL
FILM FESTIVAL 2006
: Approve authorizing the Mayor to submit a funding request to
County Commissioner Mary McCarty in the amount of $38,000.00 from the District IV
Recreation Assistance Program Fund to assist with the cost of hotel accommodations for
the 2006 Palm Beach International Film Festival; and approve the advance of funds until
the grant is received.
8.M. SPECIAL EVENT/BEACH TENNIS USA:
Approve a special event
request from Beach Tennis USA for a Beach Tennis USA Event to be held at the
municipal beach on May 4-7, 2006; contingent upon receipt of a revised insurance
certificate.
8.N.UNDERGROUND UTILITY CROSSING AGREEMENT FEE
INCREASE/FLORIDA EAST COAST RAILWAY COMPANY (FEC):
Approve a
Florida East Coast Railway Company (FEC) annual fee increase from $9,200.00 to
$14,820.00 for underground utility crossings.
8.O.CONTRACT ADDITION (CHANGE ORDER NO. 3)/JMW
CONSTRUCTION, INC:
Approve a Contract Addition (Change Order No. 3) between
the City and JMW Construction, Inc. in the amount of $106,952.00 for the addition of
previously removed improvements to the Lake Ida Park Project. Funding is available
from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park).
8.P.THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
8.Q.FY 2006 PEFORMANCE MEASURES/GOLF COURSES AND
TENNIS FACILITIES:
Approve the proposed performance measures for FY 2006 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
8.R.SATISFACTION OF MORTGAGE/RELEASE OF NOTE/
AGREEMENTS/COVENANTS CONVEYING THE RIGHT OF FIRST REFUSAL
AND RELEASE OF OPTION TO PURCHASE PROPERTY/CRC RECOVERY
FOUNDATION, INC.:
Approve the Satisfaction of Mortgage and Note and Release of
nd
Option to Purchase the CRC Recovery Foundations, Inc. property, located on N.E. 2
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02/21/06
Street.
8.S.SERVICE AUTHORIZATION NO. 7/MATHEWS CONSULTING,
INC.:
Approve Service Authorization No. 7 to Mathews Consulting, Inc. in the amount
of $141,975.00 for consulting services for planning, design, and construction of the Area
4 Reclaimed Water Transmission System Extension Project. Funding is available from
441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission System).
8.T.COMMISSIONER’S HEALTH INSURANCE/POLICY CHANGE:
Approve a change to the City’s group medical coverage to extend the group medical
coverage to former City Commissioners that have served six (6) full years.
8.U.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for
the period February 6, 2006 through February 17, 2006.
8.V.AWARD OF BIDS AND CONTRACTS:
1.
Purchase award to Water Treatment & Controls Co. in the amount
of $87,522.00 as a sole source purchase for the provision and
installation of all equipment required for implementation of a
sodium hypochlorite system at the City’s Water Treatment Plant.
Funding is available from 442-5178-536-64.45 (Water/Sewer
Renewal and Replacement Fund/Gas Chlorine Conversion).
2.
Purchase award to DataFlow Systems in the amount of $19,625.00
and Car-Comm, Inc. in the amount of $6,452.50 for a total amount
of $26,077.50 for the sole source purchase of 25 radio computer
boards and 25 radio units to replenish the City’s in-house stock of
utility monitoring telemetry system radios for the upcoming
hurricane season. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal & Replacement Fund/Other
Machinery/Equipment).
3.
Contract award to Almazan Brothers in the amount of $85,120.00
for the Royal Palm Drive Road Construction Project. Funding is
available from 334-3162-541-65.84 (General Construction
Fund/Royal Palm Drive).
4.
Contract award to Blackhawk Security, Inc. in the amount of
$28,520.00 for security services at Pompey Park. Funding is
available from 001-4127-572-34.40 (General Fund/Temporary
Services).
5.
Contract award to Data Flow Systems, Inc. in the amount of
$30,116.00 for the provision of materials and services required for
restoration and upgrade of the telemetry monitoring and control
systems for the City’s Aquifer Storage & Recovery (ASR) Well.
Funding is available from 442-5178-536-46.90 (Water/ Sewer
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02/21/06
Renewal & Replacement Fund/Other Repair/Maintenance).
6.
Purchase award to Pierce Manufacturing through Ten-8 Fire
Equipment, Inc. of Bradenton, Florida in the amount of
$422,806.00 for the purchase of one (1) 2006 Pierce Custom
Engine-Pumper fire suppression vehicle for the Fire-Rescue
Department. Funding is available from 501-3312-591-64.25
(Central Garage Fund/Heavy Equipment) and 551-1575-591-45.50
Business Insurance Fund/Property Claims).
Mr. Levinson moved to approve the Consent Agenda as amended,
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.REGULAR AGENDA:
9.A.CONDITIONAL USE EXTENSION REQUEST/ASTOR:
Consider
an extension request for the conditional use approvals which allowed a building height in
excess of 48 feet (58’ 2” approved) and which allowed a density in excess of 30 units per
acre (43 dwelling units per acre) in the CBD (Central Business District) for Astor (fka
st
Villas in the Grove), located at the northeast corner of Pineapple Grove Way and N.E. 1
(Quasi-Judicial Hearing)
Street.
Mayor Perlman read 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. The Commission had no ex parte communications to disclose.
Mark McDonnell, Assistant Planning Director, entered the Planning and
Zoning Department project file #2004-084 into the record.
Mr. McDonnell stated this is a request to grant an extension of two
conditional use approvals; one allows a building height in excess of 48 feet and the
second allows the residential units to exceed 30 units per acre for Astor (fka Villas in the
Grove). The location of the property is at the northeast corner of Pineapple Grove Way
st
and N.E. 1 Street. The development proposal incorporates Lots 1-8 and Lots 13-16,
Block 83, Town of Linton Plat and is approximately 2.10 acres. There was a demolition
of the one-story portion of a building called “Creations of Delray Beach” and the
proposal was for a 5-story new construction, two and one-half levels of parking and three
levels of residential dwelling units (39 units). The proposed four-story mixed-use
building will contain 51 residential dwelling units, six (6) retail bays totaling 8,056
square feet, two (2) office bays totaling 2,138 square feet and a covered parking area.
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02/21/06
On March 11, 2004, the conditional use was approved; on April 14, 2004,
the Site Plan Review and Appearance Board (SPRAB) granted site plan approval; on
October 24, 2005, a Class III site plan modification was approved by the Site Plan
Review and Appearance Board (SPRAB); and on June 7, 2005, the subdivision plat was
approved. Demolition permits for the one-story portion of the existing building were
issued and the building has been demolished. Mr. McDonnell stated to achieve a
commencement of construction start the applicant would have had to spend 25% of the
total construction cost by now in order to lock in the approval. 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 conditional use approvals will expire on March 11, 2006 unless
approvals of the conditional uses are granted. Staff recommends approval to the
extension for the height at 58 feet 2 inches and the density at 43 units per acre and that
the approval is extended by 24 months which will take this to March 11, 2008.
Jason Mankoff, Attorney with Weiner & Aronson, P.A., 102 N. Swinton
Avenue, Delray Beach, stated his client purchased the property six months after the
original approval and made significant improvements to it at that time. For the record,
Mr. Mankoff stated there have been 20 previous requests for extensions and all 20 have
been approved. He entered a book into the record and urged the Commission to approve
the conditional use extension request for Astor.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the conditional use extension request, to please come forward at
this time. There being no one from the public who wished to give testimony on this item,
the public hearing was closed.
Mayor Perlman asked if this item comes before the Commission first then
why then does it have to go back to SPRAB. Mr. McDonnell stated in this particular case
the conditional use has to precede the site plan re-approval. Mr. Shutt stated this does not
go back to SPRAB or HPB because the Commission is making the final determination on
the conditional use extension this evening.
Brief discussion between the Commission and staff followed.
Brian Shutt, Assistant 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).
Mr. Levinson moved to approve the Board Order, 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.
At this point, Mr. Levinson moved to amend the Agenda to include a short
presentation by Match Point, Inc. who are present this evening with the understanding
that they were going to be scheduled for this Agenda.
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02/21/06
Mr. Levinson moved to approve to add a presentation by Match Point, Inc.
as Item 9.A.A., 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.A.A.Match Point, Inc. Presentation:
Mark Baron, Tournament Director of the International Tennis
Championships presented the City of Delray Beach with a crystal trophy and an original
poster of the event signed by Andre Agassi, Robbie Ginepri and James Blake.
Mayor Perlman thanked and commended Mr. Baron for the great job he
did on the tournament and noted this was the best year ever.
Ms. McCarthy thanked Mr. Baron for all the things he did for the children
in the city during this tournament and stated the Commission sincerely appreciates it.
9.B.WAIVER REQUEST/LOT DIMENSION:
Consider a request to waive
Land Development Regulations (LDR) Section 4.3.4(K), “Development Standards
Matrix”, to reduce the lot frontage, lot width, and lot size to allow the combination of
existing nonconforming lots to create three (3) new buildable lots for Lots 13, 14, 15, 16,
nd
32, and 33, Subdivision of Block 15, located on the south side of S.W. 2 Street, between
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(Quasi-Judicial Hearing)
S.W. 6 Avenue and S.W. 7 Avenue.
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. The Commission had no ex parte communications to disclose.
Mark McDonnell, Assistant Planning Director, entered the Planning and
Zoning Department project file #2006-115 into the record.
Mark McDonnell, Assistant Planning Director, stated this is a request from
Mr. Fred Griffin (Fred Griffin Construction, Inc.) on behalf of the owners to combine six
existing nonconforming lots to create three 50 foot wide buildable lots. Mr. McDonnell
stated currently the proposed lots do not meet lot frontage, lot width, or lot area
ndrd
requirements. The lots are located between S.W. 2 Street and S.W. 3 Street between
ndrd
S.W. 2 and 3 Avenues. He reiterated that they would be taking 25 foot wide lots and
turning them into 50 foot wide lots. As per LDR Section 4.3.1(D), the City Commission
has the authority to grant relief of the following standards (LDR Section 4.3.4(K)
Development Standards Matrix): (1) reduction of required lot frontage from 60 feet to 50
feet; (2) reduction of required lot width from 60 feet to 50 feet; and, (3) reduction of
required lot size from 7,500 square feet to 6,655 square feet. Pursuant to LDR Section
2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the
granting of the waiver; (a) shall not adversely affect the neighborhood area; (b) shall not
significantly diminish the provision of public facilities; (c) shall not create an unsafe
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02/21/06
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. The 50 foot wide lots are fairly standard in the southwest area and
are more common than the minimum required lot widths of 60 feet or greater. The
majority of the single family residences built through the Renaissance Program in this
general area have been constructed on 50 foot wide lots and the proposal is consistent
with the surrounding development pattern. In March 2004, the Delray Beach Community
Redevelopment Agency (C.R.A.) requested a similar waiver for Lots 22-26 of Block 15
and was approved. The waivers will not adversely affect the neighboring area, diminish
public facilities, or create an unsafe situation and an approval has been granted in a
similar situation. Staff recommends approval of the waivers to LDR Section
4.3.4(K)(Development Standards Matrix) to reduce the lot frontage, lot width and lot area
subject to a Declaration of Unity of Title being recorded and a survey showing the
recombination of the lots.
Fred Griffin, 305 S. Swinton Avenue, Delray Beach (applicant), stated he
is only requesting that the lots be buildable and noted that 90% of the lots in this area are
already 50 foot lots. Mr. Griffin stated Fred Griffin Construction, Inc. is going to build
rental housing.
Mayor Perlman stated anyone from the public who would like to speak in
favor or in opposition of this request, to please come forward at this time.
rd
Mr. Baptiste, 343 S.E. 3 Avenue, Delray Beach, stated he received a
notice because he lives within the vicinity of the project.
There being no one else from the public who wished to give testimony on
this item, the public hearing was closed.
Mr. Levinson moved to approve the waiver request per LDR Section
4.3.4(K) reducing lot frontage, lot width and lot size for three (3) lots as indicated in the
Planning and Zoning staff report, 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.
9.C.BID AWARD/SPORTS TURF ONE, INC.:
Consider approval of a bid
award to second lowest bidder, Sports Turf One, Inc., in the estimated annual amount of
$22,817.64 for the landscape maintenance of two (2) baseball fields at Pompey Park.
Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual
Services).
Joseph Weldon, Director of Parks and Recreation, stated staff
recommends awarding the contract award to Sports Turf One, Inc. (second lowest bidder)
for the landscape maintenance of two baseball fields at Pompey Park. Staff feels the low
bidder, Wellons Lawn Maintenance, does not have the experience, equipment, or proper
knowledge to maintain Bermuda grass.
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02/21/06
Ms. McCarthy asked if staff performed an on-site visit. In response, Mr.
Weldon stated the Parks Superintendent always visits and looks at the equipment, etc.
Mrs. Ellis moved to approve awarding the bid to Sports Turf One, Inc.
(second lowest bidder) in the amount of $22,817.64, 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.
9.D.REQUEST TO REDUCE LIENS/SUAREZ:
Consider a request from
Mr. Onofre Suarez to waive the interest and administrative fees totaling $5,256.98
th
assessed for abating nuisances on a vacant lot located on S.W. 7 Avenue. Mr. Suarez is
prepared to pay the remaining lien of $1,506.15. Staff recommends approval.
Lula Butler, Director of Community Improvement, stated this is a request
from Mr. Onofre Suarez to release a portion of liens assessed to a vacant lot he purchased
th
in 1999 located in the 1100 block of S.W. 7 Avenue (legally described as Ridgewood
Heights). The amount of liens and interest to be reduced is in the amount of $5,256.98.
Mr. Suarez had indicated that he is willing to build a single family house to this lot. The
total amount of liens assessed on the property is $6,763.13 and he agrees to pay the City’s
out-of-pocket costs in the amount of $1,506.15. This is consistent with the City’s policy
adopted by the City Commission on October 21, 2003. Staff recommends approval of the
reduction in the amount of $5,256.98 contingent upon Mr. Suarez paying the out-of-
pocket cost within 30 days of the City Commission’s decision and a release of liens as a
building permit is submitted.
Ms. McCarthy asked Mrs. Butler when this program was set up if there
was any criteria towards the buildings being affordable housing. In response, Mrs. Butler
stated there was no discussion about this; however, staff feels because of the location
most of them are somewhat affordable.
Mr. Levinson stated he concurs with comments expressed by
Commissioner McCarthy and suggested that if it is an affordable house under the
definitions established then the Commission will waive the additional fees; however, if it
is going to be a market rate house that when the building permit is filed the fees will not
be waived.
Mrs. Butler stated staff will bring the policy back to the Commission to
amend it to include the criteria as recommended.
Mr. Levinson moved to approve Mr. Suarez’s request to reduce liens
th
assessed to property located on S.W. 7 Avenue (vacant lot) in the amount of $5,256.98;
the balance of the lien ($1,506.15) representing the City’s out-of-pocket costs must be
paid within 30 days of Commission approval and the release of the reduced lien amount
shall be coordinated with the submission of a building permit for a single family home,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor
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02/21/06
Perlman – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Mr. Levinson – Yes; Ms. McCarthy
– Yes. Said motion passed with a 5 to 0 vote.
9.E.APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority
for a four (4) year term ending March 6, 2010. Based upon the rotation system, the
appointment will be made by Mayor Perlman (Seat #5).
Mayor Perlman stated he wished to reappoint Morris Weinman as a
regular member to the Delray Beach Housing Authority for a four (4) year term ending
March 6, 2010. Mr. Levinson so moved, 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.
9.F.APPOINTMENT TO THE EDUCATION BOARD:
Appoint one (1)
regular member to the Education Board for an unexpired term ending July 31, 2007.
Based upon the rotation system, the appointment will be made by Commissioner Ellis
(Seat #1).
Mrs. Ellis moved to appoint Dr. Sandra Tobias as a regular member to the
Education Board for an unexpired term ending July 31, 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.
9.G.APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD:
Appoint two (2) regular members to the Nuisance Abatement Board for two (2) year
terms ending March 31, 2008. Based upon the rotation system, the appointments will be
made by Commissioner Ellis (Seat #1) and Commissioner Archer (Seat #2).
Mrs. Ellis moved to reappoint Susan Kay as a regular member to the
Nuisance Abatement Board for a two year term ending March 31, 2008, 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.
Mrs. Archer moved to reappoint Greta Britt as a regular member to the
Nuisance Abatement Board for a two (2) year term ending March 31, 2008, 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.H.APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD:
Appoint one (1) regular member to the Parking Management Advisory Board
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
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02/21/06
appointment will be made by Mayor Perlman (Seat #5).
Mayor Perlman stated he wished to appoint Mark Denkler as a regular
member to the Parking Management Advisory Board for a two (2) year term ending
January 31, 2008. 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.
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. 7-06:
Rezoning from SAD (Special Activities
District) Waterford Place/Delint 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. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
(Quasi-Judicial Hearing)
at this time.
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 SAD (SPECIAL ACTIVITIES DISTRICT)
WATERFORD PLACE/DELINT TO RM (MEDIUM
DENSITY RESIDENTIAL) 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 in the City Clerk’s
office.)
Brian Shutt, Assistant 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.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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02/21/06
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
No staff presentation was provided.
The applicant gave a brief presentation and urged the Commission to
support the rezoning from SAD (Special Activities District) to RM (Medium Density
Residential).
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of the rezoning, to please come forward at this time.
Maureen Turner, 1012 Del Harbour Drive, Delray Beach, expressed
concern over the traffic that will be generated from this project (will be located south of
Linton Boulevard) because the cars will be using the Linton Boulevard Bridge. She
stated this means more cars coming up to use the Linton Boulevard Bridge where she
lives and commented that the noise is horrendous as it stands now.
There being no one else who wished to address the Commission, the
public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 7-06 on Second and FINAL
Reading, 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.
10.B.THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
10.C.THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
10.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. 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. 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,
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02/21/06
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 in the City Clerk’s
office.)
Brian Shutt, Assistant 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.
Mayor Perlman declared the public hearing open. There being no one
who wished to address the Commission regarding Ordinance No. 9-06, the public hearing
was closed.
Mr. Levinson moved to adopt Ordinance No. 9-06 on Second and FINAL
Reading, 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.
10.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 Code and
National Fire Protection Association Codes and providing a procedure for affected
individuals to challenge the City’s local amendment provisions. 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. 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
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02/21/06
GENERAL REPEALER CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 10-06 is on file in the City Clerk’s
office.)
Brian Shutt, Assistant 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.
Mr. Shutt stated this ordinance puts the Fire Code in with Florida State
Statute as providing an appeal process in case someone wishes to challenge any local
amendments that the City of Delray Beach may adopt.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 10-06,
the public hearing was closed.
Ms. McCarthy moved to adopt Ordinance No. 10-06 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.
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.
Douglas Smith, Assistant City Manager, had no comments or inquiries on
non-agenda items.
11.B.From the Public.
11.B.1.Maureen Turner, 1012 Del Harbour Drive, Delray Beach,
stated she
has addressed the City Commission and the Palm Beach County Commission on this
issue. Ms. Turner expressed concern over the noise generated by the Linton Boulevard
Bridge. She urged the Commission to hold a workshop to address the issue. She stated
approximately two years ago Commissioner Archer was going to investigate to see how
the City of Boca Raton received Federal funding to put cement on their bridge. Ms.
Turner stated she is awakened every morning at 5:30 a.m. and last night was awakened at
1:00 a.m. in the morning from the banging noise generated from the cars traveling over
the Linton Boulevard Bridge. She asked what the City plans to do and urged the
Commission to hold a workshop as was done for residents on the beach regarding the
bike paths along A-1-A.
Mayor Perlman stated this is a County bridge not a Federal bridge. The
City of Delray Beach sent letters and asked staff to explore this. He stated it would cost
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02/21/06
millions of dollars to re-build the bridge and noted that Delray Beach taxpayers will not
pay to rebuild a County bridge and the County has turned this down. He stated the
Commission can re-instruct staff to see if there are any new technologies that we can look
into to get some relief.
Mrs. Archer stated the reason the bridge cannot be soundproofed is
because there is not enough clearance when the bridge moves to put anything else on it
and the hinges are not strong enough to carry any more weight.
11.B.2.Laurie Merten, 1010 Del Harbour Drive, Delray Beach,
stated she
moved into the area from Ocean Ridge a little over a year ago and echoed comments
expressed by Ms. Turner.
Mayor Perlman suggested that Ms. Merten contact Palm Beach County
Commissioner Mary McCarty regarding this issue.
11.B.3.Gerry Franciosa, 939 Eve Street, Delray Beach,
thanked Commissioner
McCarthy and Commissioner Archer for their time on this Commission and stated it has
been a pleasure to work with them. He stated he wrote a letter to the Editor of the Sun-
Sentinel and received a telephone call about it; however, they did not publish his letter.
Item
At this point, the time being 7:16 p.m., the Commission moved to
12, First Readings.
12.FIRST READINGS:
12.A.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 City ordinances. If passed, a public hearing will be held on March 6,
2006.
The caption of Ordinance No. 12-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 37, “DELRAY BEACH CODE
ENFORCEMENT”, OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 37.45, “SUPPLEMENTAL CODE
ENFORCEMENT PROCEDURES”, TO EXPRESSLY
INCLUDE ENFORCEMENT BY LAW ENFORCEMENT
OFFICERS OF ALL NON-CRIMINAL CITY
ORDINANCES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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02/21/06
(The official copy of Ordinance No. 12-06 is on file in the City Clerk’s
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Catherine Kozol, Police Legal Advisor/Assistant City Attorney, stated
there were issues with law enforcement especially arresting people for walking dogs on
the beach and the way the ordinance is written this is the only alternative for them. This
ordinance now allows the Police Officers to become Code Enforcement Officers so they
can give them a citation and go through the citation process.
Brief discussion between Mr. Levinson and Ms. Kozol continued.
Mr. Levinson moved to approve Ordinance No. 12-06 on FIRST Reading,
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.
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
Douglas Smith, Assistant City Manager, had no comments or inquiries on
non-agenda items.
13.B.City Attorney
Brian Shutt, Assistant City Attorney, had no comments or inquiries on
non-agenda items.
13.C.City Commission
13.C.1.Mrs. Archer
Mrs. Archer had no comments or inquiries on non-agenda items.
13.C.2.Mrs. Ellis
Mrs. Ellis stated she will be out of town for a week to have some medical
tests done.
13.C.3.Ms. McCarthy
Ms. McCarthy stated the La France Hotel event held at the library this
weekend was extremely well done.
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02/21/06
Secondly, she stated there was an Annual Tea hosted by St. Paul AME
Church held at Pompey Park and the choir was phenomenal. Ms. McCarthy stated this
was well attended and well received. She stated that the men will be coming to town in
June and noted this will be another exciting occasion.
13.C.4. Mr. Levinson
Mr. Levinson stated he serves as the liaison to the Intergovernmental
Coordination Group and there is a request by this group to look at funding a study on
industrially designated lands. He stated the County asked for this study which deals with
identifying lands for future corporate and business development. He stated there is
further discussion that is now going on to be more specific and have the Planning
Directors spend more time doing it in detail. It will require a funding mechanism which
the County has agreed to and the League of Cities is looking into. He asked Mr. Smith to
inform the City Manager and the Planning Director of this.
Secondly, he commented about the letter from FDOT regarding the RRR
project on South Federal Highway. Mr. Levinson stated he was annoyed by the letter and
sent an email to Mr. Le (Engineer) with a copy to the City Manager, the City Engineer,
County Commissioner, a State Representative, State Senator and the Governor indicating
that contrary to what was told to the Commission at the Workshop meeting (that the
design of the roadway would be completed by April), this is inaccurate information. Mr.
Levinson stated that FDOT is very anxious to work with the City of Delray Beach and
FDOT understands that maybe they had an inexperienced project manager combined with
an inexperienced consultant. Mr. Levinson stated hopefully they will be able to look at
the road and then come back before the Commission at another Workshop Meeting.
He commented about an article in the Jupiter Courier entitled “Tequesta
council likes the Looks of builder’s ‘stepped’ complex” and stated it closely mimics
Delray’s Design Guidelines.
Lastly, Mr. Levinson stated one of the things that did not get done last
year predominantly because of the hurricanes was the Board Member Recognition Event.
He stated this Event was scheduled and cancelled due to the hurricanes. Mr. Levinson
asked Mr. Smith to discuss this with Nancy King, Human Resources
Consultant/Communications about scheduling this event preferably before Commissioner
Archer and Commissioner McCarthy leave office in March 2006.
13.C.5.Mayor Perlman
Mayor Perlman stated the Commission approved the Palm Beach
International Film Festival 2006 on the Agenda this evening which will be relocating to
Delray Beach and he is very excited about it.
Secondly, he stated the Commission also approved the Beach Tennis USA
Event. Mayor Perlman stated he and Mr. Smith had a chance to meet with them and they
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02/21/06
showed them a promotional video. The promotional video shows tennis on a beach
volleyball court and stated it looks like fun.
Mayor Perlman commented about the email that Chief Schroeder sent
regarding Officer Gregory who received the Crisis Intervention Officer of the Year for
South Palm Beach County.
He stated February 22, 2006 the City of Delray Beach is hosting the
League of Cities at the new library. Also, Urban Land Institute (ULn will be at the
Tennis Center to discuss the Delray Beach revitalization story which is a very big honor.
Mayor Perlman stated ULI is renowned world over as the premiere land use organization
and they are coming to Delray Beach to hear about what we have done to revitalize the
downtown area. He stated he is proud to host them and be part of a panel and
presentation.
There being no further business, Mayor Perlman declared the meeting
adjourned at 7:27 p.m.
~._ .\\~ D. ~~~~)
City Clerk
ATTEST:
8~of ~
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 21, 2006, which Minutes were formally approved and adopted by the City
Commission on March 6, 2006
~~. \J~A~
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.
- 20-
02/21/06
-
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO
ASTOR 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 February 21, 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 request for
the Astor 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 Section 2.4.4(F)(1) been met?
Yes X No
5. In making a determination under LOR Section 2.4.4(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.::~C\.!\
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 X No
6. The comments and notes set forth in the staff report are hereby
incorporated 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
X denies _ the conditional use extension request to allow the previous
conditional use approval to be valid until March 11, 2008. The City Commission hereby
adopts this Order this 21st day of February, 2006, by a vote of 5
in favor and
o opposed.
ATTEST:
~..- ~\.SD. ~"\~.:
Chevelle Nubin
City Clerk
2