Loading...
03-21-06 Minutes Reg Commissioner Jeff Perlman MARCH 21, 2006 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice Mayor Levinson in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 21, 2006. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Vice Mayor Levinson Commissioner Alberta McCarthy Absent - Mayor Jeff Perlman Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Mary Beth Wells, St. Paul’s Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.AGENDA APPROVAL. Item Vice Mayor Levinson stated there was additional information provided for th 9.A., Waiver Requests/5 Avenue Flats (Board Order)Item 9.B., Conditional Use and for Request/Maroone Ford (Board Order)Item 9.B. ; however, there has been a request to remove Exhibit 9.I., Appointments to the Also, he noted that there is a revised Neighborhood Advisory CouncilItem 10.C., Ordinance No. 13- and a revised ordinance for 06. Item 8.F., Third Amendment to Contract for The City Attorney requested that Sale and Purchase/Auburn Trace be removed because staff is still waiting for documents. Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote. 5.APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Special/Workshop Meeting of March 16, 2006, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said 03/21/06 motion passed with a 4 to 0 vote. Mrs. Ellis moved to approve the Minutes of the Special Meeting of March 17, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. 6.PROCLAMATIONS: 6.A. Law Day – May 1, 2006 Vice Mayor Levinson read and presented a proclamation hereby proclaiming Monday, May 1, 2006, as “Law Day” and urge all citizens, schools, businesses, and media to use this occasion to preserve and strengthen the rule of law. On behalf of the South Palm Beach County Bar Association, Marc Barmat and Jeffrey Marks came forward to accept the proclamation and thanked the Commission. 7. PRESENTATIONS: 7.A. Weed & Seed Presentation Sharon L’Herrou stated she came before the Commission a little more than a year ago and at that time the Department of Justice had informed them that they were going to be cutting their funding. Therefore, they did not know a year ago whether or not if they would exist today. Ms. L’Herrou stated they asked the Commission to look at their projects and they shared information about the statistics and shared their successes in reducing crime and increasing academic achievement. She stated the Commission offered their support and the Chief of Police offered to incorporate all of the weeding aspects of the budget into his budget and also absorb the administrative and personnel costs. Consequently, Ms. L’Herrou stated they were able to go to the Criminal Justice Commission and get their support for their seeding efforts and were able to continue programming for another year. She stated one of programs that have been continued is the “Carver Kids of Character Project” and noted that the youth are one of the primary beneficiaries of the project. Ms. L’Herrou stated almost 90% of the youth who have been regular participants have been crime free since the project’s inception several years ago. Detective Scott (one of the original founders) and Sergeant Rosenthal (martial arts instructor) thanked the Commission for supporting this project and gave a brief overview of the program. At this point, the youth from the Carver Kids of Character Project came forward to present the Commission with Certificates of Appreciation. Ms. McCarthy stated she applauds Detective Scott and Sergeant Rosenthal for this endeavor and what they are doing with these young children. She stated she was involved in a similar situation in Massachusetts many years ago and having been an instructor and part owner of a karate school in an area in the community similar to this, she found that the young children - 2 - 03/21/06 develop their own type of camaraderie as well. Ms. McCarthy stated when she came to Florida one of the first things she looked for was a karate school because her children had gone to the school as well and they competed in the AAU tournament and stated if this group is not doing this at this time, she would be glad to help give direction. Ms. L’Herrou stated in the first tournament ten of the youths were taken and six came back with medals. Vice Mayor Levinson stated the Delray Beach Police Department is incredible at giving of their private time not just their public time. He stated many of the things that go on in the community with the Police Officers are after hours when they could be with their own families. Both Sergeant Rosenthal and Detective Scott are two examples of some of the finest police officers who do give of their time. Vice Mayor Levinson stated the Commission and the community appreciate it very much. 7.B.“You are Not Alone” – Delores Rangel Vice Mayor Levinson introduced Colonel David Smith and his wife Creig Smith. On behalf of the Delray Beach City Commission, Vice Mayor Levinson presented Colonel David Smith with a special recognition award for his contribution as facilitator of the “You are Not Alone Program” and thanked him for his efforts to provide assistance and support to military families in the community. Commissioner McCarthy stated she is extremely moved by the dedication and the time that people have volunteered during this period where America is at war. Ms. McCarthy stated the development of this program was to be an information resource and an emotional support for those of us who are left at home. She read a letter into the record written by Melissa Rangel (Delray Beach resident and daughter of City of Delray Beach employee Delores Rangel). At this point, Commissioner McCarthy presented a Certificate of Appreciation to Mrs. Carrie Jones. On behalf of her daughter Jennifer L. Jones (Staff Sergeant), Mrs. Carrie Jones came forward to accept the certificate and thanked the Commission for their support. Delores Rangel, resident of Delray Beach for 40 years and employee of the City of Delray Beach, thanked Commissioner McCarthy (Founder) and the entire Commission for their assistance and encouragement of the organization “You are Not Alone” which is a group that supports military families. She stated it has been one year since the inception of this organization and noted that the monthly meetings have been very successful. Colonel Smith stated he is retired after 25 years with the Air Force and his wife Creig is from Delray Beach and thanked the Commission for the recognition of their efforts. Mr. Smith presented each of the Commissioners with a military challenge coin. Eleanor Williams stated she attends the group meetings for the military families and feels this is a wonderful idea and it is great that Creig and Dave Smith have made this idea work. Ms. Williams stated she feels everyone in this country is lucky to be represented and protected by the men and women who are fighting to keep everyone safe. - 3 - 03/21/06 7.C.Non-Profit Academy Certificates Janet Meeks, Education Coordinator, stated this is the second graduating class for the Non-Profit Academy. Mrs. Meeks stated over the eight week session they reviewed topics such as Board basics, media relations, finding the money, grant writing, risk management, human resource and program evaluations. Bob Irving, President of the Executive Service Corporation of Southeast Florida, stated he is very proud to be a part of this. He commended Mary Wyns and Dr. Ron Nyham (FAU) and commended the City Commission and the City staff. At this point, Mary Wyns presented the Commission with a paper weight and thanked the Commission for helping support the non-profits. Ms. Wyns, Commissioner Archer and Commission McCarthy presented the following non-profit organizations with a plaque: ? Aid to Victim of Domestic Abuse, Inc. ? Community Child Care Center ? Delray Beach Arts, Inc. ? Delray Beach Historical Society ? Delray Youth Basketball Boosters, Inc. ? Families First of Palm Beach County ? Hispano-Latino Cultural Alliance, Inc. ? Milagro Center ? Museum of Lifestyle and Fashion History ? Questers Community Service Fund, Inc. ? SEARS Foundation Zerlean Williams, Delray Boosters, stated she feels fortunate to live in the greatest city in the world (Delray Beach) and thanked the Commission for listening to problems with an open mind and trying to resolve them for the betterment of all concerned. She stated the Delray Youth Basketball Boosters, Inc. was presented with a proclamation last year and thanked the Commission for giving them the opportunity to attend. Julie Swindler, Executive Director of Families First of Palm Beach County, thanked the Commission for allowing their agency to be a part of the Delray Beach Non-Profit Academy. Ms. Wyns officially presented Dr. Ronald C. Nyham with a special appreciation award for all the knowledge and wisdom he shared with every participant in the Non-Profit Academy. Dr. Ronald C. Nyham, resident of Delray Beach for the last 16 years, stated he is very proud to be a part of this program and feels it has been a huge success. He stated although all the organizations participated in the majority of the sessions he introduced the following three individuals who attended every session: ? Edwin Ross ? Zerlean Williams - 4 - 03/21/06 ? Kevin Butler At this point, Commissioner Archer stepped away from the dais. 8.CONSENT AGENDA: City Manager Recommends Approval. 8.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. 8.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. 8.B.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. The caption of Resolution No. 15-06 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A 20’ WIDE NORTH-SOUTH UNIMPROVED ALLEY RIGHT-OF-WAY LYING WEST OF BLOCK C AND BLOCK D OF THE REPLAT OF BLOCKS 2-5 INCLUSIVE OF GULF STREAM ESTATES, LOCATED ON THE SOUTH SIDE OF GULF STREAM BOULEVARD, WEST OF WEBB AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”. (The caption of Resolution No. 15-06 is on file in the City Clerk’s office.) 8.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 thth side of S.E. 5 Avenue, south of S.E. 7 Street. 8.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. 8.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. - 5 - 03/21/06 8.F.THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 8.G.PARKING SPACES/THE FRIENDS OF SANDOWAY HOUSE NATURE TH 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 Sandoway Parking Lot th to accommodate their 4 Annual Earth Day Event to be held on Saturday, April 8, 2006. 8.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. 8.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. 8.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). 8.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. 8.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. 8.M.SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a th special 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. 8.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). 8.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. - 6 - 03/21/06 8.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. 8.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. th 8.R. SPECIAL EVENT REQUEST/8 ANNUAL GARLIC FESTIVAL: Approve th a special event request for the 8 Annual Garlic Festival to be held on the grounds of Old School Square on February 16-18, 2007. 8.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. 8.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. 8.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. - 7 - 03/21/06 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). Mrs. Ellis moved to approve the Consent Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mrs. Ellis – Yes; Vice Mayor Levinson – Yes. Said motion passed with a 3 to 0 vote. 9.REGULAR AGENDA: TH 9.A.WAIVER REQUESTS/5 AVENUE FLATS: Consider a request for several th waivers relating to the minimum stacking distance and reduction of site visibility triangle for 5 thnd (Quasi- Avenue Flats, located at the northwest corner of N.E. 5 Avenue and N.E. 2 Street. Judicial Hearing) Vice Mayor Levinson read the City of Delray Beach Quasi-Judicial procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Vice Mayor Levinson asked the Commission to disclose their ex parte communications. No ex parte communications were disclosed. At this point, Mrs. Archer returned to the dais. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-330 into the record. Mr. Dorling stated on February 8, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class V Site Plan Application, Landscape Plan, Architectural Elevations, and landscape waivers for a four-story mixed-use building containing 1,048 square feet of retail floor area and 2,509 square feet office floor area on the first floor; and 12 residential condominium units on floors 2-4. The development proposal includes waivers to reduce the minimum parking lot stacking distances from 20 feet to 17 feet at the east entrance and from 20 feet to 15 feet at the south entrance. - 8 - 03/21/06 Mr. Dorling stated positive findings were made in staff report and similar waivers have been approved in the past for projects similar to this. Staff recommends approval of all the waivers. The City Attorney briefly 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). Mrs. Archer moved to approve the Board Order, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote. 9.B.THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, the time being 7:01 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10.PUBLIC HEARINGS: 10.A.ORDINANCE NO. 11-06 (SECOND READING/SECOND 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. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 11-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.4, “GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS”, SUBSECTION 2.4.4(E), “EXPIRATION OF APPROVALS”, TO CLARIFY TIMEFRAMES FOR DEVELOPMENT APPROVALS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 9 - 03/21/06 Vice Mayor Levinson declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Ellis moved to adopt Ordinance No. 11-06 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote. 10.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: 10.B.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. The caption of Ordinance No. 16-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS”, SECTION 4.3.4(J) “HEIGHT” SUBSECTION 4.3.4(J)(4), “INCREASES TO HEIGHT REGULATIONS”, BY AMENDING SUBSECTION 4.3.4(J)(4)(b), “ALLOWANCES”, TO PROVIDE FOR MODIFICATIONS TO PERFORMANCE STANDARDS AND TO REQUIRE WORKFORCE HOUSING; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Vice Mayor Levinson declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 16-06 on FIRST Reading/FIRST Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. - 10 - 03/21/06 10.B.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. The caption of Ordinance No. 17-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.6 “MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT”, SUBSECTION 4.4.6(D), “CONDITIONAL USES AND STRUCTURES ALLOWED”, BY ADDING SUBSECTION 4.4.6(D)(13) TO INCLUDE REFERENCES TO APPLICABLE WORKFORCE HOUSING OVERLAY DISTRICTS; AMENDING SUBSECTIONS 4.4.6(F), “DEVELOPMENT STANDARDS”, 4.4.6(G), “SUPPLEMENTAL DISTRICT REGULATIONS” AND SUBSECTION 4.4.6(H), “SPECIAL REGULATIONS”, TO ADD ADDITIONAL WORKFORCE HOUSING OVERLAY DISTRICTS; AMENDING SECTION 4.4.9 “GENERAL COMMERCIAL (GC) DISTRICT”, SUBSECTION 4.4.9(D) CONDITIONAL USES AND STRUCTURES ALLOWED”, BY ENACTING SUBSECTION 4.4.9(D)(19) TO INCLUDE AN INCENTIVE TO BUILD WORKFORCE HOUSING UNITS; AMENDING ARTICLE 4.5, “OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS”, BY ENACTING SUBSECTION 4.5.12, “INFILL WORKFORCE HOUSING AREA”; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Vice Mayor Levinson declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 17-06 on FIRST Reading/FIRST Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. - 11 - 03/21/06 10.B.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). The caption of Ordinance No. 18-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE 4.7, “FAMILY/WORKFORCE HOUSING”, PROVIDING FOR REGULATIONS AND INCENTIVES TO BUILD WORKFORCE HOUSING AND ENSURING THAT THE CITY HAS SUFFICIENT FAMILY/WORKFORCE HOUSING; CREATING AN ADDITIONAL DISTRICT ENTITLED “INFILL WORKFORCE HOUSING AREA”; PROVIDING A REQUIREMENT FOR THE PROVISION OF WORKFORCE HOUSING WHERE INCREASED HEIGHT AND/OR DENSITY IS REQUESTED AND ALLOWED; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Vice Mayor Levinson declared the public hearing open. th Cito Beguiristain, 1301 S.W. 10 Avenue Bldg “J”, Delray Beach, FL 33444 (with Auburn Development), made reference to page 19, Section 4.7.9(c)(v) of the ordinance which states: “If the development includes both “for sale” and “for rent” units, the proportion of “for rent” workforce units to “for sale” workforce units must not exceed the proportion of “for rent” market rate units to “for sale” market rate units.” He stated he is not proposing to build market rate rental units; however, is proposing to build affordable rental units. He suggested removing the rules for the proportion “for rent” market rate units to affordable rent units because they are proposing to build 100% affordable rental units. The City Attorney suggested that the Commission pass this ordinance and staff will work on amending the ordinance. There being no one from the public who wished to address the Commission regarding Ordinance No. 18-06, the public hearing was closed. - 12 - 03/21/06 Mrs. Ellis moved to approve Ordinance No. 18-06 on FIRST Reading/FIRST Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – No; Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. Said motion passed with a 3 to 1 vote, Commissioner McCarthy dissenting. 10.B.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. The caption of Ordinance No. 19-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 4, “ZONING REGULATIONS”, SECTION 4.4.13(I), ‘PERFORMANCE STANDARDS”, TO PROVIDE FOR INCLUSION OF WORKFORCE HOUSING AMONG OTHER CONDITIONS IN ORDER TO OBTAIN INCREASED DENSITY; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Vice Mayor Levinson declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 19-06 on FIRST Reading/FIRST Public Hearing, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote. 10.B.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. The caption of Ordinance No. 20-06 is as follows: - 13 - 03/21/06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 4 “ZONING REGULATIONS”, SECTION 4.1.4, “USE OF LOTS OF RECORD”, BY ENACTING A NEW SUBPARAGRAPH 4.1.4(D), TO PROVIDE FOR THE USE OF LOTS OF RECORD OF AT LEAST 40 FEET FOR THE CONSTRUCTION OF WORKFORCE HOUSING UNITS AS LONG AS THE DESIGNS CONFORM TO CERTAIN PLANS; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 20-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Vice Mayor Levinson declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Ms. McCarthy moved to approve Ordinance No. 20-06 on FIRST Reading/FIRST Public Hearing, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Mrs. Ellis – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote. 10.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. 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. 13-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, “FINANCE; CITY PROPERTY TRANSACTIONS”, OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 36.01, “COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS”, TO PROVIDE THAT PERSONAL SERVICES CONTRACTS ARE EXEMPT FROM THE REQUIREMENTS OF CHAPTER 36; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. - 14 - 03/21/06 (The official copy of Ordinance No. 13-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Vice Mayor Levinson declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-06, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 13-06 on Second and FINAL Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. Item 11, At this point, the time being 7:15 p.m., the Commission moved to Comments and 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 responses to prior public comments and inquiries. 11.B.From the Public. The public had no comments or inquiries on non-agenda items. Item 12, First Readings. At this point, the Commission moved to 12.FIRST READINGS: 12.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. The caption of Ordinance No. 21-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY’S LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 2.4.3.(K)(3), “PERMIT FEES”, IN ORDER TO ENACT A NEW SUBSECTION (S) TO PROVIDE THAT ALL PERMIT FEES REGARDING INSTALLATION OF GENERATORS AND ALL APPURTENANCES RELATED TO GENERATORS INCLUDING FUEL STORAGE AREAS AND SCREENING FOR ALL SERVICE STATIONS, GROCERY - 15 - 03/21/06 STORES, KIDNEY DIALYSIS CENTERS, PHARMACIES, RESIDENTIAL BUILDINGS WITH ELEVATORS, COUNTRY CLUBS AND CLUBHOUSES WITHIN RESIDENTIAL COMMUNITIES SHALL BE WAIVED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-06 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Vice Mayor Levinson thanked Chief Koen for bringing this forward. The City Manager stated staff plans to contact Publix specifically. Ms. McCarthy stated when staff was going and fixing hot meals for people who did not have electricity because of the hurricane Publix gave food in order to provide hot meals and feed citizens and noted they are conscientious. Mrs. Archer moved to approve Ordinance No. 21-06 on FIRST Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. Item 9.C. of the Regular Agenda. At this point, the Commission moved to 9.C.INCREASE TO MONTHLY VALET PARKING QUEUE SPACE FEES: Consider approval of an increase in the monthly valet queue parking space fees. Scott Aronson, Parking Management Specialist, stated there are currently six valet parking license agreements; one of the six is not working. Mr. Aronson stated Jimmy’s Stone Crab has closed and is not operating a valet queue at this time. In April 2004, the valet queues were increased from $50.00 to $60.00 per space. In reviewing the appropriateness of a fee increase the monetary value for each parking space was researched using revenue generated at the parking meters in front of the Marriott Hotel. Staff recommends a $15.00 per space increase from $60.00 to $75.00 per space per month. This would result in an annual total revenue increase from $17,280.00 per year to $21,600.00 ($4,320.00). Mr. Aronson referred to the City Manager’s memorandum and the queues on Atlantic Avenue east of the Intracoastal Waterway are metered spaces and there is a loss of revenue for those metered spaces. Mr. Aronson stated the average space in this area generates approximately $140.00 per month in revenue. He stated a few months ago the City Commission approved this valet queue to seven spaces so he has three extra spaces which were being charged on a temporary basis at $150.00 per space to make up for the lost revenue plus the valet queue space. The City Manager’s memorandum suggests that those spaces should be charged at $140.00 per space; however, based on the additional hours of operation the fee should be $125 per month and if the Commission feels this is too high, then he recommends a fee of $100.00 per space. - 16 - 03/21/06 At its meeting of February 28, 2006, the Parking Management Advisory Board (PMAB) recommended no increases to the valet queue spaces at this time and re-evaluate the fees for the next contract year at renewal (April 1, 2007 through March 31, 2008). Staff recommends increasing the fees from $60.00 to $75.00 per space per month and approval of the City Manager’s recommendations. Brief discussion by the Commission followed. Mrs. Archer moved to approve increasing the monthly valet queue parking space fees to $125.00 per space east of the Intracoastal. Vice Mayor Levinson passed the gavel to Deputy Vice Mayor Ellis in order to second the motion. Upon roll call the Commission voted as follows: Ms. McCarthy – No; Mrs. Ellis – No; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. FAILED Said motion with a 2 to 2 tie vote, Commissioner McCarthy and Commissioner Ellis dissenting. Mrs. Ellis moved to approve an increase in monthly valet queue parking space fees to $140.00 per space per month east of the Intracoastal, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – No; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 3 to 1 vote, Commissioner Archer dissenting. Ms. McCarthy moved to approve an increase in monthly value queue parking space fees from $60.00 to $75.00 per space per month west of the Intracoastal, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. 9.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. Robert A. Barcinski, Assistant City Manager, stated this is an agreement with Image Sports Management, Inc., a member of the National Indoor Football League (NIFL) for the use of the Tennis Stadium and other facilities, including parking lots, for the Palm Beach Phantoms. Mr. Barcinski stated Sharon Painter is present this evening to address any questions the Commission may have. Vice Mayor Levinson asked whether or not the consents were obtained from the other organizations that were listed. In response, the City Attorney stated staff has received word that some of them are fine and recommended that staff approve the agreement subject to obtaining the consents from other entities. Mrs. Archer moved to approve the agreement with Image Sports Management, Inc. (member of the NIFL) for the use of the Tennis Stadium and other facilities, including parking lots, for the Palm Beach Phantoms, subject to obtaining the remaining consents from other entities, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: - 17 - 03/21/06 Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. 9.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. Ms. McCarthy moved to approve the proposal from Treasure Coast Regional Planning Council for Town Planning Services associated with the Atlantic Plaza, Hotel Vista Del Mar, and South Swinton Avenue projects, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. Said motion passed with a 4 to 0 vote. 9.F.AGREEMENT/CGI COMMUNICATIONS, INC.: Consider approval of an agreement with CGI Communications, Inc. to provide an online community video program for the City. The City Manager stated Doug Smith, Assistant City Manager, is in Maryland for Hurricane Training Response and Recovery. The City Manager stated this is where FEMA has their training for natural disasters. Mrs. Ellis moved to approve the agreement with CGI Communications, Inc. to provide an online community video program for the City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Ellis – No; Mrs. Archer – No; DENIED Vice Mayor Levinson – No; Ms. McCarthy – No. Said motion was with a 4 to 0 vote. 9.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. The City Attorney stated this case arises out of an incident which occurred on August 29, 1999 at the Blue Anchor Pub in Delray Beach. Staff recommends settlement in the amount of $7,500.00 for each person or $15,000.00 subject to appropriate releases. Mrs. Archer moved to approve the settlement offer in Peters v. City of Delray Beach, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. 9.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. The City Attorney stated this is a result of an automobile accident involving a City of Delray Beach vehicle. The settlement is for $20,000.00 subject to appropriate releases. - 18 - 03/21/06 Ms. McCarthy moved to approve the settlement offer in the amount of $20,000.00 in the Lu v. City of Delray Beach, seconded Mrs. Ellis. Upon roll call the Commission voted as follows: Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. 9.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). Mrs. Archer moved to appoint John Spalding II as a regular member to the Neighborhood Advisory Council for Zone 6 for an unexpired term ending October 31, 2008, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes. Said motion passed with a 4 to 0 vote. Vice Mayor Levinson stated he wished to appoint Pamela Williams (Citizen-at- Large) for Zone 6 for an unexpired term ending October 31, 2007. Ms. McCarthy so moved, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote. 9.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). Mrs. Ellis moved to appoint Cecelia Boone as a 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, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes. Said motion passed with a 4 to 0 vote. 9.K.APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1) youth member to the Police Advisory Board for a two (2) year term ending December 13, 2007 and one (1) youth member for a three (3) year term ending December 13, 2008. Based upon the rotation system, the appointments will be made by Commissioner Archer (Seat 2) and Commissioner Levinson (Seat 3). Mrs. Archer moved to appoint Altanese Jean-Louis as a youth member to the Police Advisory Board for a three (3) year term ending December 13, 2008, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer – Yes; Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes. Said motion passed with a 4 to 0 vote. - 19 - 03/21/06 Vice Mayor Levinson asked if someone would move the name of Karen St. Fort as a youth member to the Police Advisory Board for a two (2) year term ending December 13, 2007. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Vice Mayor Levinson – Yes; Ms. McCarthy – Yes; Mrs. Ellis – Yes; Mrs. Archer – Yes. Said motion passed with a 4 to 0 vote. Item 13, Comments and Inquiries on At this point, the Commission moved to Non-Agenda Items. 13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A.City Manager The City Manager had no comments or inquiries on non-agenda items. 13.B.City Attorney The City Attorney commented about the moratorium ordinance and stated she would like to leave the effective date as April 18, 2006 (when the second reading is expected to be). The decision on what applications to accept prior to that time can be made one of two ways. The Commission can accept applications until the passage of the ordinance. The City Attorney th stated if staff accepts the applications through April 18 (effective date of when the moratorium would be) these applications would go through the typical process. The City Attorney stated there is case law that says if there is really not a change in the law because it would not be compatible anyway; the Commission would not have to accept the applications. She expressed concern over the extra legal proof that the Commission would have to have about whether something is compatible or not. Vice Mayor Levinson stated we are accepting applications for those that would not be subject to the moratorium and are not accepting applications for those that would be subject to the moratorium. The City Attorney stated those applications that staff is not accepting that would be subject to the moratorium, the city has the extra burden of proof to show the compatibility and would like the Commission to be aware of this legal parameter. 13.C.City Commission 13.C.1.Mrs. Archer Mrs. Archer stated she will not be attending the Board Appreciation Reception on Friday, March 24, 2006 because she will be out of town for her niece’s wedding. Secondly, she stated the Drug Task Force has been a valid and operating Mayor’s task force for the City of Delray Beach. Mrs. Archer stated she would like to ensure the appointment of the liaison to the Drug Task Force is included with the appointments at the Organizational meeting next Thursday. She stated this has been an informal task force; however, she feels it is very important. - 20 - 03/21/06 She stated she is very pleased to have been serving on the Commission when the workforce housing ordinances were approved. Mrs. Archer stated if at all possible she would love to participate in the Treasure Coast Regional Planning meetings and asked that the City Clerk inform her when the meetings are scheduled. 13.C.2.Mrs. Ellis Mrs. Ellis had no comments or inquiries on non-agenda items. 13.C.3.Ms. McCarthy th Ms. McCarthy stated the 14 Annual African-American Achievers Awards for 2006 sponsored by JM Family Enterprises, Inc. and Southeast Toyota Distributors will be held on Thursday, March 30, 2006 at 6:15 p.m. at the Broward County Convention Center. She stated Mr. C. Ron Allen is one of the awardees for community service and she is extremely proud of what he has done in helping the community as she is proud of the past Delray Beach awardees. Secondly, she stated she received a telephone call over the weekend from a Delray Beach resident who has been disturbed by much of the debris they are seeing not only on vacant lots but also on front lawns, curbsides, etc. She stated they asked if something could be done possibly through the neighborhood associations to work together in some type of awareness or campaign and also make this type of situation available for people who need to do community service to help keep the streets clean. 13.C.4. Vice Mayor Levinson Vice Mayor Levinson stated the Asian Festival this weekend was spectacular. He stated the event was extremely well attended with approximately 5,000 people in attendance on Saturday. He stated there was great food and the event was very impressive. In addition, Vice Mayor Levinson noted that Palm Beach County Commissioner Koons and Commissioner McCarty attended the event. Vice Mayor Levinson stated Commissioner Koons was very complimentary of the wonderful things Delray Beach is doing and thanked Commissioner Koons for his kind words. Secondly, he stated he received a copy of the letter from Mr. Jim Kemp regarding MacFarlane Drive and a couple of the areas near Miramar Street and Ingraham Avenue (near Seagate) and has not heard back from anyone from the city. The City Manager stated he has sent him a letter informing him that the city is working on this and has also sent a memo to the City Attorney asking if the city can do anything to make them leave the gate open. Lastly, Vice Mayor Levinson stated he received the Goals and Objectives for Code Enforcement for the fiscal next year from Al Berg, Assistant Director of Community Improvement. Vice Mayor Levinson stated it is great that there is now Saturday coverage and Darcy Tyson, Code Enforcement Officer, is now on the Atlantic Avenue corridor in the - 21 - 03/21/06 evenings. Vice Mayor Levinson suggested that this be placed on a Workshop Agenda because he feels there are zero tolerance things that need to be considered because of the number of repeat offenders. Vice Mayor Levinson stated the Neighborhood Advisory Council (NAC) is having a dinner for all of the Neighborhood Association Presidents and feels this is a good opportunity to talk to them about C.E.R. T. Programs and the new Generator Relief Program, etc. He suggested that a handout be distributed at this dinner so these concerns can be addressed. Ms. McCarthy stated this is a marvelous idea; however, she would also like to see this implemented in the neighborhoods where we have had reoccurring problems for years and years. There being no further business, Vice Mayor Levinson declared the meeting adjourned at 8:05 p.m. ~.,,' ~~ ,~. "N~ City Clerk ATTEST: ~o~ A. 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 March 21, 2006, which Minutes were formally approved and adopted by the City Commission on April 4, 2006 ~~ A~-4 ~. ~~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. - 22- 03/21/06 .. L..:_ .. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF OELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA WAIVER REQUESTED BY 5TH AVENUE FLATS 1. These waiver requests came before the City Commission on March 6, 2006. 2. The City staff. applicant. and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver requests of 5th Avenue Flats. All of the evidence is part of the record in this case. 3. 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. 4. Stackina Distance: Per LDR Section 4.6.9(D)(3)(c)(I), the minimum stacking distance between a right-of-way and the first parking space or aisle way in a parking lot that has 21-50 parking spaces shall be 20 feet. The proposed stacking distances for the car parking at the south entrances (NE 2nd Street) are 15' and for the east entrance (NE 5th Avenue) is 17'. Should the waiver be granted for the stacking distance? Yes 3 No 0 5. Siaht Visibility Trianale at the Intersection of the Garaae Drivewavs and the Riaht-of-Wav for the NE 5th Avenue GaraQe Entrance: Pursuant to LOR Section 4.6.14(A)(1), a 20 foot sight visibility triangle is required at the intersection of the garage driveways and the public right-of-way. The applicant shows the required 20 foot sight r+ l,h'l cr. A. . .. ..:..... ,. visibility triangles but has a 4 foot by 2 foot column and landscaping obstructing the view on NE 5th Avenue. The applicant requests the waiver to allow these obstructions in the sight visibility triangle for the NE 5th Avenue garage entrance. Should the waiver be granted? Yes 4 No 0 6. Siaht Visibilltv Trianale at the Street Intersection of NE 2"d Street and NE 5th Avenue: Pursuant to LOR Section 4.6.14(A)(2), a 40 foot sight triangle is required at the intersection of NE 2nd Street and NE 5th Avenue. There is a 45 foot visibility triangle shown but the triangle was measured incorrectly from the curb lines for NE 2nd and NE 5th instead of from the property lines, thus, the triangle is actually encroaching five (5) feet Into the proposed building footprint. Should the waiver be granted? Yes 4 No 0 7. The City Commission has applied the Comprehensive Plan and LOR requirements in existence at the time the original site plan 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 which supports the findings set forth in this Order. 9. Based on the entire record before it, the City Commission approves x denies _ the waiver requests and hereby adopts this Order this 21 st day of March, 2006, by a vote of 4 in favor and ~:~~. . . ... ~ Chevelle Nubin City Clerk 2