03-21-06 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
Tuesday, March 21, 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 at 243-7010,
Phone: (561) 243-7000
24 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.
(Mayor Perlman absent)
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Vice-Mayor Levinson noted additional information for Items 9.A, Waiver
Requests/5 Avenue Flats and 9.B, Conditional Use Request/Maroone Ford; Revised Exhibit for Item
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9.I, Appointments to the Neighborhood Advisory Council; Revised Ordinance No. 13-06; Item 8.F,
Third Amendment to Contract for Sale and Purchase/Auburn Trace, and Item 9.B were pulled from the
agenda; Approved as amended, 4-0)
5.APPROVAL OF MINUTES:
?
March 16, 2006 – Special/Workshop Meeting
(Approved, 4-0)
?
March 17, 2006 – Special Meeting
(Approved, 4-0)
6.PROCLAMATIONS:
A.Law Day – May 1, 2006
7.PRESENTATIONS:
A. Weed & Seed Presentation
B.“You are Not Alone” – Delores Rangel
C.Non-Profit Academy Certificates
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 3-0;
Commissioner Archer away from dais)
A.RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
action of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of January 18, 2006.
B.FINAL SUBDIVISION PLAT APPROVAL/GULF STREAM VILLAS:
Approve the subdivision plat for Gulf Stream Villas, a 14-lot, fee-simple townhouse
development, located on the southwest corner of Gulfstream Boulevard and Webb
Avenue.
1.RESOLUTION NO. 15-06: Approve Resolution No. 15-06 abandoning two
20’ wide alley rights-of-way associated with the Gulf Stream Villas Townhouse
Development, lying west of Block C and Block D of the replat of Blocks 2-5,
inclusive of Gulf Stream Estates.
C.ACCEPTANCE OF RIGHT-OF-WAY DEED/FRANC PROPERTY: Approve
and accept a right-of-way deed associated with the Franc Property, located on the west
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side of S.E. 5 Avenue, south of S.E. 7 Street.
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D.SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a
request from Reverend William Stokes on behalf of the Delray Beach Clergy
Association for special event approval for closure of Ocean Boulevard (A-1-A) during
the Easter Sunrise Service to be held April 16, 2006 from 6:30 a.m. until 7:30 a.m. at the
beach pavilion.
E.MEMORANDUM OF AGREEMENT (MOA)/AREA AGENCY ON AGING
OF PALM BEACH/TREASURE COAST, INC.: Approve a Memorandum of
Agreement (MOA) with the Area Agency on Aging of Palm Beach/Treasure Coast, Inc.
for a three (3) year term for the Senior Immunization Project.
F.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 and to
approve a cross access easement agreement.
(PULLED)
G.PARKING SPACES/THE FRIENDS OF SANDOWAY HOUSE NATURE
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CENTER, INC./4 ANNUAL EARTH DAY EVENT: Approve a request from
The Friends of Sandoway House Nature Center, Inc. to reserve parking spaces in the
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Sandoway Parking Lot to accommodate their 4 Annual Earth Day Event to be held on
Saturday, April 8, 2006.
H.FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.)/RESOLUTION
FOR ASSISTANCE: Approve and adopt a Resolution for Assistance from the
Florida Inland Navigation District (F.I.N.D.) for the application of a grant for funding
for the F.I.N.D. Park on the Intracoastal Waterway.
I.INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY/ATLANTIC HIGH SCHOOL: Approve an Interlocal Agreement with
the School Board of Palm Beach County to allow the School Board the use of the
athletic fields next to the new Atlantic High School and the City the use of the
gymnasium at the old Atlantic High School site.
J.SERVICE AUTHORIZATION NO. 11.1/CH2M HILL, INC.: Approve Service
Authorization No. 11.1 to CH2M Hill, Inc. in the amount of $13,600.00 for preparation
of a Florida Department of Environmental Protection (FDEP) construction permit
renewal package and follow-up responses for permit acquisition for the Rehabilitation
of the City’s Aquifer Storage & Recovery (ASR) Well Project. Funding is available from
442-5178-536-31.30 (Water/Sewer Renewal & Replacement Fund/Engineering/
Architect).
K.AGREEMENT/IRONWOOD PROPERTIES/MERIDIAN: Approve an
agreement with Ironwood Properties in the amount of $13,950.00 to be paid to the City
in lieu of hardscape/landscape improvements associated with the Meridian.
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L.SPECIAL EVENT REQUEST/RELAY FOR LIFE: Approve a special event
request for the American Cancer society’s Relay for Life Fundraiser to be held at Old
School Square from 4:00 p.m. on March 31, 2006 until 11:00 a.m. on April 1, 2006.
M.SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special
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event request to allow the 8 Annual Cinco De Mayo Fiesta to be held Saturday, May 6,
2006, from 11:00 a.m. until 10:00 p.m. at Old School Square.
N.SERVICE AUTHORIZATION NO. 14.1/CURRIE SOWARDS AGUILA
ARCHITECTS: Approve Service Authorization No. 14.1 to Currie Sowards Aguila
Architects in the amount of $14,750.00 for additional services provided for the permit
submittal process and site modifications for the Intracoastal Park Project. Funding is
available from 334-4174-572-63.90 (General Construction Fund/ Intracoastal Park/
Other Improvements).
O.SEVENTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY
REDEVELOPMENT AGENCY (CRA): Approve the Seventh Amendment to the
Block 77 Contract between the Community Redevelopment Agency (CRA) and Block
77 Development Group, L.C. to provide for an extension of the contract until June 9,
2006.
P.AMENDMENT NO. 1 TO CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND
JOSETTE SAINT FORT: Approve Amendment No. 1 to Contract for Sale and
Purchase of property to Jean Louis Saint Fort and Josette Saint Fort, as part of the
Carver Square Relocation Project, extending the date of expiration to May 31, 2006.
Q.AMENDMENT NO. 1 TO CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/REGINALD JONAS AND ELIZABETH
TAYLOR: Approve Amendment No. 1 to Contract for Sale and Purchase of property
to Reginald Jonas and Elizabeth Taylor, as part of the Carver Square Relocation Project,
extending the date of expiration to May 31, 2006.
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R.SPECIAL EVENT REQUEST/8 ANNUAL GARLIC FESTIVAL: Approve a
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special event request for the 8 Annual Garlic Festival to be held on the grounds of Old
School Square on February 16-18, 2007.
S.AMENDMENT NO. 1 TO LEASE AGREEMENT/PALM BEACH
COUNTY/HEAD START: Approve Amendment No. 1 to the lease agreement with
Palm Beach County for the property leased at the Catherine Strong Center for the Head
Start Program.
T.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 6, 2006 through March 17, 2006.
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U.AWARD OF BIDS AND CONTRACTS:
1.Purchase award to Westco Turf Supply, Inc. in the amount of $33,104.92 via the
Florida State Contract #515-630-03-1 for the purchase of two (2) Model
#30344 Toro Groundsmaster 3280-D Rotary Mowers for Parks Maintenance.
Funding is available from 001-4138-572-64.90 (General Fund/Other
Machinery/Equipment).
2.Bid award to Midnight Sun Tours, in the estimated annual amount of $73,311.00
for bus rental and driver services for the Parks and Recreation Department.
Funding is available from 001-4127-572-55.30 (General Fund/Youth Football),
115-4912-572-55.30 (Special Projects Fund/Youth Football), 001-4105-572-
44.90 (General Fund/Out of School Program/Lease Costs), 001-4121-572-
44.90 (General Fund/Athletics & Special Events/Lease Costs), 001-4127-572-
44.90 (General Fund/Pompey Park/Lease Cost), 001-4119-572-44.90 (General
Fund/Teen Center/Lease Cost), and 001-4111-572-44.90 (General Fund/Parks
& Recreation Administration/Lease Costs).
3.Bid award to Harcross Chemicals for the purchase of hydrofluorosilicic acid at
an estimated annual cost of $31,730.00 for the Water Treatment Plant. Funding
is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals) FY
06/07.
4.Purchase awards via the Florida Sheriffs’ Association Contract #04-12-0823
Rollover to Garber Ford in the amount of $20,921.00 for one (1) ¾ Ton Pickup
Truck for the Parks & Recreation Department; and award to Classic Chevrolet
in the amount of $12,038.00 for one (1) Compact Pickup Truck for the
Community Improvement Department. Funding is available from 001-4138-
572-64.20 (General Fund/Automotive) and 001-2741-524-64.20 (General
Fund/Automotive).
5.Purchase award to CDWG, Inc. in the amount of $25,777.00 via the State of
Florida Contract for the purchase of the HP MSL6030 Tape Library. Funding is
available from 334-6111-519-64.11 (General Construction Fund/Computer
Equipment).
9.REGULAR AGENDA:
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A.WAIVER REQUESTS/5 AVENUE FLATS: Consider a request for several
waivers relating to the minimum stacking distance and reduction of site visibility triangle
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for 5 Avenue Flats, located at the northwest corner of N.E. 5 Avenue and N.E. 2
Street. (Quasi-Judicial Hearing)
(Motion to approve Board Order, 4-0; Commissioner
Archer returned to dais)
B.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) (A Request
was received to postpone this item)
(PULLED)
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C.INCREASE TO MONTHLY VALET PARKING QUEUE SPACE FEES:
Consider approval of an increase in the monthly valet queue parking space fees.
(First
motion to approve an increase to $125 per month, East of the Intracoastal; Tie Vote, 2-2;
Commissioner McCarthy and Commissioner Ellis dissenting (no action). Second motion to
approve an increase to $140 per month, East of the Intracoastal; Approved, 3-1; Commissioner
Archer dissenting. Third motion to approve an increase from $60 to $75 per space per month,
West of the Intracoastal; Approved, 4-0)
D.AGREEMENT/IMAGE SPORTS MANAGEMENT, INC.: Consider approval
of an agreement 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 subject to remaining
approvals from organizations; Approved, 4-0)
E.TREASURE COAST REGIONAL PLANNING COUNCIL/TOWN
PLANNING SERVICES: Consider a proposal from the Treasure Coast Regional
Planning Council for Town Planning Services associated with the Atlantic Plaza, Hotel
Vista Del Mar, and South Swinton Avenue Projects.
(Approved, 4-0)
F.AGREEMENT/CGI COMMUNICATIONS, INC.: Consider approval of an
agreement with CGI Communications, Inc. to provide an online community video
program for the City.
(Motion to approve agreement with CGI Communications; DENIED,
4-0)
G.SETTLEMENT OFFER IN PETERS v. CITY OF DELRAY BEACH:
Consider a Settlement Offer in the total amount of $15,000.00 in Peters v. City of
Delray Beach. Staff recommendation is acceptance.
(Approved, 4-0)
H.SETTLEMENT OFFER IN LU v. CITY OF DELRAY BEACH: Consider a
Settlement Offer in the amount of $20,000.00 in Lu v. City of Delray Beach. Staff
recommendation is acceptance.
(Approved, 4-0)
I.APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council for Zone 6 for
an unexpired term ending October 31, 2008 and one (1) At Large Representative for an
unexpired term ending October 31, 2007. Based upon the rotation system, the
appointments will be made by Commissioner Archer (Seat #2) and Commissioner
Levinson (Seat #3).
(Appointed John Spaulding, II and approved, 4-0; and appointed Pamela
Williams and approved, 4-0)
J.APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to the Parking Management Advisory
Board to represent the Old School Square Historic Arts District for a two (2) year term
ending January 31, 2008. Based upon the rotation system, the appointment will be
made by Commissioner Ellis (Seat #1).
(Appointed Cecelia Boone and approved, 4-0)
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K.APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
youth member to the Police Advisory Board for a two (2) year term and one (1) youth
member for a three (3) year term. Based upon the rotation system, the appointments
will be made by Commissioner Archer (Seat 2) and Commissioner Levinson (Seat 3).
(Appointed Karen St. Fort and approved, 4-0; and appointed Altanese Jean-Louis and
approved, 4-0)
10.PUBLIC HEARINGS:
ORDINANCE NO. 11-06 (SECOND READING/SECOND PUBLIC
A.
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.
(Approved, 4-0)
B.ORDINANCES NO. 16-06, 17-06, 18-06, 19-06, AND 20-06/WORKFORCE
HOUSING: The following ordinances are amending Land Development Regulations
(LDR) pertaining to Workforce Housing:
1.
ORDINANCE NO. 16-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) regarding Subsection 4.3.4(J)(4)(b), "Allowances", to provide for
modifications to performance standards and to require workforce housing. If
passed, a second public hearing will be scheduled for April 4, 2006.
(Approved, 4-
0)
2.
ORDINANCE NO. 17-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) Section 4.4.6, “Medium Density Residential (RM) District”, to include
references to aspects of the Workforce Housing Ordinance for RM zoned
properties that are part of the Workforce Housing Overlay Districts. If passed,
a second public hearing will be scheduled for April 4, 2006.
(Approved, 4-0)
3.
ORDINANCE NO. 18-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) Article 4.7, “Family Workforce Housing”, establishing an additional
workforce housing overlay district known as the “Infill Workforce Housing
Area”, located east of I-95 and west of the Intracoastal outside of the coastal
high hazard area for properties predominantly zoned RM (Medium Density
Residential). If passed, a second public hearing will be scheduled for April 4,
2006.
(Approved, 3-1; Commissioner McCarthy dissenting)
4.
ORDINANCE NO. 19-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) Section 4.4.13(I), “Performance Standards”, to provide for inclusion of
workforce housing among other conditions in order to obtain increased density.
If passed, a second public hearing will be scheduled for April 4, 2006.
(Approved,
4-0)
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5.
ORDINANCE NO. 20-06 (FIRST READING/FIRST PUBLIC
HEARING): City initiated amendment to the Land Development Regulations
(LDR) Section 4.1.4, "Use of Lots of Record", to provide for the use of lots of
record of at least 40 feet for the construction of workforce housing units. If
passed, a second public hearing will be scheduled for April 4, 2006.
(Approved, 4-
0)
C.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.
(Approved, 4-0)
11.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A.City Manager's response to prior public comments and inquiries.
B.From the Public.
12.FIRST READINGS:
A.ORDINANCE NO. 21-06: An ordinance amending Land Development Regulations
(LDR) Section 2.4.3(K)(3), “Permit Fees”, to enact a new subsection (s) authorizing the
waiver of building permit fees for the installation of auxiliary power generators and fuel
systems in critical use groups and occupancies.
(Approved, 4-0)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
POSTED: MARCH 17, 2006
****** Meeting adjourned at 8:05 p.m. ******
03-21-2006
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