06-06-06 Minutes Reg
Commissioner Jeff Perlman
JUNE 6, 2006
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, June 6, 2006.
1.
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Susan A. Ruby, City Attorney
Chevelle D. Nubin, City Clerk
2.
The opening prayer was delivered by Commissioner Montague.
3.
The Pledge of Allegiance to the flag of the United States of America was
given.
4.AGENDA APPROVAL.
Item 9.H., Bid Award/Chaz
Mayor Perlman noted the addition of
Equipment Company, Inc.
be added to the Regular Agenda by addendum.
Item 12.C., Ordinance No. 35-06
Also, he noted that has been revised
Item 10.C., Resolution No. 35-06 and Resolution No. 36-06
and requested that be
removed from the Agenda.
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mrs.
Montague. Upon roll call the Commission voted as follows: Mr. Fetzer – Yes; Mr.
Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes. Said
motion passed with a 5 to 0 vote.
5.APPROVAL OF MINUTES:
Mrs. Montague moved to approve the Minutes of the Regular Meeting of
May 16, 2006, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows:
Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr.
Fetzer – Yes. Said motion passed with a 5 to 0 vote.
06/06/06
6. PROCLAMATIONS:
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NONE
7.PRESENTATIONS:
7.A.Reverend J.W.H. Thomas, Jr. – Pastor, Saint Paul Missionary Baptist
Church
Mayor Perlman stated Reverend Thomas is retiring after 46½ years as
Pastor of Saint Paul Missionary Baptist Church. Mayor Perlman stated Pastor Thomas is
a legend throughout the community and there is going to be a retirement celebration in
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honor of his career on June 17 at 6:00 p.m. at the Palm Beach County Convention
Center. Mayor Perlman presented Pastor Thomas with a “Key to the City” and Pastor
Thomas came forward to accept it.
8.CONSENT AGENDA:
City Manager Recommends Approval.
8.A.FINAL BOUNDARY PLAT APPROVAL/MIRAFLORES PLAT:
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Approve the boundary plat for the Miraflores Plat, located on the east side of S.E. 1
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Avenue, between S.E. 1 Street and S.E. 2 Street.
8.B.RESOLUTION NO. 38-06:
Approve Resolution No. 38-06 abandoning
a 50’ wide unimproved public right-of-way dedicated on the Plat of Lake Ida Shores,
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located on the west side of N.W. 8 Avenue, approximately 285’ north of Lake Ida Road.
The caption of Resolution No. 38-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A 50 FOOT WIDE
UNIMPROVED PUBLIC RIGHT-OF-WAY LYING
WITHIN LAKE IDA SHORES, LOCATED ON THE
TH
WEST SIDE OF NW 8 AVENUE, APPROXIMATELY
285’ NORTH OF LAKE IDA ROAD, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT “A”.
(The official copy of Resolution No. 38-06 is on file in the City Clerk’s
office.)
8.C.AMENDMENT NO. 2 TO CONTRACT FOR SALE AND
PURCHASE/CARVER SQUARE/JEAN LOUIS SAINT FORT AND JOSETTE
SAINT FORT:
Approve Amendment No. 2 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 September 29, 2006.
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8.D.PALM BEACH COUNTY GRANT/EMERGENCY MEDICAL
SERVICES:
Approve the application for a non-matching grant to the Palm Beach
County Department of Emergency Medical Services in the amount of $43,301.30 to
purchase an additional Special Events Response Vehicle (SERV) and associated
advanced life support equipment; and approve Resolution No. 39-06.
8.E.LICENSE AGREEMENT/SCHOOL BOARD OF PALM BEACH
COUNTY:
Approve a license agreement between the City and the School Board of
Palm Beach County which allows the City to conduct environmental testing and obtain
field measurements for the proposed soccer complex at the old Atlantic High School site.
8.F.CONTRACT CLOSEOUT/FINAL PAYMENT/CONCO
HORTICULTURAL:
Approve Contract Closeout and final payment in the amount of
$2,955.00 to Conco Horticultural for completion of the installation of landscaping for the
Gateway Parks Project.
8.G.SERVICE AUTHORIZATION NO. 3.0/KIMLEY-HORN AND
ASSOCIATES, INC.:
Approve Service Authorization No. 3.0 to Kimley-Horn and
Associates, Inc. in the amount of $22,681.00 for schematic site plan work to reconfigure
the existing Miller Field Complex. Funding is available from 334-6112-519-31.30
(General Construction Fund/Engineering/Architect).
8.H.PIPING AND LANDSCAPING LICENSE AGREEMENT/LAKE
WORTH DRAINAGE DISTRICT (LWDD):
Approve a Piping and Landscaping
License Agreement between the City and the Lake Worth Drainage District (LWDD) as
part of the permitting process for the installation of the L-33 Canal Culvert for Eagle
Park.
8.I.SERVICE AUTHORIZATION NO. 4/CH2M HILL, INC.:
Approve
Service Authorization No. 4 to CH2M Hill, Inc. in the amount of $19,000.00 for
professional services required for coordinating a national design competition for the
proposed park at the Old School Square Cultural Arts Center. Funding is available from
380-4150-572-63.29 (2004 G.O. Bond/Old School Square).
8.J.CONSENT TO SUBCONTRACT/WASTE MANAGEMENT:
Approve a Consent to Subcontract Agreement with Waste Management (WM) to allow
the use of a subcontractor, Eastern Waste Systems, Inc. (EWS), to collect vegetative and
bulk waste in the City.
8.K.GRANT AWARD/EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG):
Approve and accept the Edward Byrne Memorial
Justice Assistance Grant (JAG) award in the amount of $35,432.00 which will provide
funding for the Police Department’s Holiday Task Force Overtime; and accept the award
documentation, program narrative, and budget narrative.
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8.L.RESOLUTION NO. 37-06:
Approve Resolution No. 37-06 establishing
the Unity Collaborative to address community issues relating to diverse segments of the
City’s population.
The caption of Resolution No. 37-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ESTABLISHING THE UNITY COLLABORATIVE
TO ADDRESS COMMUNITY ISSUES RELATING
TO DIVERSE SEGMENTS OF THE CITY OF
DELRAY BEACH POPULATION.
(The official copy of Resolution No. 37-06 is on file in the City Clerk’s
office.)
8.M.SPECIAL EVENT REQUEST/PALM BEACH FIESTAS
PATRONALES AND BUSINESS EXPO:
Approve a special event request to allow the
Palm Beach County Fiestas Patronales and Business Expo to be held August 5-6, 2006
from 1:00 p.m. to 11:00 p.m. on the grounds of Old School Square.
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8.N.SPECIAL EVENT REQUEST/3 ANNUAL ALL AMERICA DUCK
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DERBY:
Approve a special event request to allow the 3 Annual All America Duck
Derby, sponsored by the Sunrise Rotary Club of Delray Beach, to be held November 18,
2006 from 11:00 a.m. until 4:00 p.m. at Veteran’s Park, including temporary use permit
per LDR Section 2.4.6(H) for the use of Veteran’s Park and the parking lot.
8.O.SERVICE AUTHORIZATION NO. 3.1/WALTERS ZACKRIA
ASSOCIATES:
Approve Service Authorization No. 3.1 to Walters Zackria Associates
in the amount of $515,000.00 for design development and construction documents for the
Western Senior/Community Center Project. Funding is available from 380-4150-572-
62.58 (2004 G.O. Bond/Parks & Recreation/Western/Senior Center).
8.P.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ROSSO PAVING AND DRAINAGE, INC./CATHERINE STRONG
PARK:
Approve Change Order No. 1 (Contract Closeout) in the amount of an
$88,424.13 decrease and final payment in the amount of $148,725.23 to Rosso Paving
and Drainage, Inc. for completion of the Catherine Strong Park Project. Funding is
available from 380-4150-572-62.59 (2004 G.O. Bond/Catherine Strong Center).
8.Q.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/HARTZELL CONSTRUCTION, INC.:
Approve Change Order No. 1
(Contract Closeout) in the amount of $620.06 and final payment in the amount of
$57,476.41 to Hartzell Construction, Inc. for completion of the Southwest Area
Sidewalks Project. Funding is available from 118-1965-554-63.11 (Community
Development Fund/Bikepaths/Sidewalks).
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8.R.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/ASPHALT CONSULTANTS, INC.:
Approve Change Order No. 1
(Contract Closeout) in the amount of an $84,830.05 decrease and final payment in the
amount of $115,573.49 to Asphalt Consultants, Inc. for completion of the Area 2 & 3
Reclaimed Water System Project. Funding is available from 441-5181-536-65.96
(Water/Sewer Fund/Reclaimed Water Transmission System).
8.S.CHANGE ORDER NO. 1 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/MEF CONSTRUCTION, INC.:
Approve Change Order No. 1 (Contract
Closeout) in the amount of a $717,481.10 decrease and final payment in the amount of
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$3,273.75 to MEF Construction, Inc. for work performed on the N.E. 1 Street Pairs
Conversion Project; due to limited resources and manpower MEF will not be completing
the project. Liquidated funding to be reserved for replacement contract award.
8.T.CONTRACT AWARD/ARTIST FOR VETERAN’S PARK
PROJECT:
Approve an agreement between the City and artist, Michiko Kurisu, for the
Atlantic Avenue Bridge Underpass at Veteran’s Park Project. Funding is available from
115-1702-579-31.90 (Special Projects Fund/Public Arts Trust Account/Other
Professional Services).
8.U.RESOLUTION NO. 40-06:
Approve Resolution No. 40-06 formally
adopting the names of three (3) City parks.
The caption of Resolution No. 40-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
NAMING THREE CITY PARKS.
(The official copy of Resolution No. 40-06 is on file in the City Clerk’s
office.)
8.V.CHANGE ORDER/COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM/JMOSCA BUILDERS:
Approve a Change Order in
the amount of $20,000.00 to JMosca Builders for additional costs associated with the
rehabilitation of an eligible structure funded under the Community Development Block
Grant Program. Funding is available from 118-1963-554-49.19 (Community
Development Fund/Housing Rehab).
8.W.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS:
Accept the actions and decisions made by the Land Development Boards for
the period May 15, 2006 through June 2, 2006.
8.X.AWARD OF BIDS AND CONTRACTS:
1.
Bid award to Atlantic Refrigeration in the estimated annual amount
of $39,840.00 for the annual contract for air conditioning services
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and repairs for City buildings. Funding is available from various
building maintenance accounts.
2.
Purchase award to Motorola in the amount of $17,969.90 via the
Palm Beach County School Board Contract #06C-31R for the
purchase of five (5) replacement XTS 5000 Radios for the Police
Department. Funding is available from 001-2111-521-64.90
(General Fund/Machinery/Equipment).
3.
Contract award to Rosso Paving and Drainage, Inc. in the amount
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of $225,837.50 for the N.E. 4 Street Improvements Project.
Funding is available from 448-5461-538-65.31 (Stormwater Utility
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Fund/N.E. 4 St. – N.E. 5 Ave. to N.E. 6 Ave.)
4.
Contract award to Pantropic Power, Inc. in the amount of
$19,635.78 for replacing the generator at the South Pump Station.
Funding is available from 442-5178-536-64.90 (Water/Sewer
Renewal & Replacement Fund/Other Machinery & Equipment).
5.
Contract award to Adelphia in the amount of $19,607.00 for the
installation of fiber optics at Catherine Strong Park to enable
access to the City’s Network. Funding is available from 001-4137-
572-46.90 (General Fund/Other Repair/Maintenance Costs).
6.
Purchase award to Hector Turf in the amount of $20,641.12 via the
GSA Contract #GS-00F-0087M for the purchase of one (1) Toro
Greensmaster 3100 Mower for the Lakeview Golf Course.
Funding is available from 446-4761-572-64.90 (Lakeview Golf
Course Fund/Other Machinery/Equipment).
Mr. Fetzer moved to approve the Consent Agenda as amended, seconded
by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs. Montague – Yes;
Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes. Said
motion passed with a 5 to 0 vote.
9.REGULAR AGENDA:
9.A.CONDITIONAL USE REQUEST/ISLAND AIR:
Consider a request to
allow the construction of a free-standing, 33-unit, multiple family townhouse
development, to be known as Island Air, in the GC (General Commercial) zoning district,
located on the east side of North Federal Highway, approximately 360 feet north of
(Quasi-Judicial Hearing)
George Bush Boulevard.
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
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Mayor Perlman asked the Commission to disclose their ex parte
communications. Mrs. Montague stated she had no ex parte communications to disclose.
Mr. Levinson stated he had a conversation with Chip Falkanger. Mayor Perlman stated
he had a conversation with Tom Laudani, Developer with Southpoint Realty
Development Company. Mrs. Ellis stated she too had a conversation with Chip
Falkanger. Mr. Fetzer stated he had a conversation with Randy Welker with the Chamber
of Commerce.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department project file #2006-186 into the record.
Mr. Dorling stated this property is 2.91 acres and currently contains an
existing structure called Island Air which was constructed in 1959. The property is
located in the North Federal Highway Redevelopment area and the applicant has
requested demolition to the existing structure to construct a 33 unit multi-family
development on the property. As freestanding multi-family uses are considered
conditional uses in the General Commercial (GC) zoning designation and this is why the
conditional use request is before the Commission now.
At its meeting of May 15, 2006, the Planning and Zoning Board
considered this proposal and there was significant discussion about the performance
standards. Mr. Dorling stated the applicant is proposing a density of 11.34 acres and
therefore the development needs to substantially meet all applicable performance
standards. Currently they meet all but one of those standards and that one standard they
don’t meet is a standard which requires a variety housing be provided (i.e. two and three
bedroom units), or reduce the density of the project. The Planning and Zoning Board
also had significant discussion about this project and the North Federal Highway
Redevelopment Plan which encourages new development along the North Federal
Highway to be placed closer to the edge of the right-of-way and should be a mixed use
type of development. Mr. Dorling stated there was some discussion that residential may
be supported at this corner because of its placement along Federal Highway but the Board
voted 2 to 2 for support of the project (which in essence is a non-vote.).
Jason Mankoff, 102 North Swinton Avenue, Delray Beach,
stated this
is a conditional use for a 33 multiple family townhouse in the GC (General Commercial)
District subject to the requirements of the RM (Multiple Family Residential) zoning
district except for setback and height requirements. He clarified that they are not
maximizing the density and in the GC they could actually go to 48 feet. They adopt and
agree with the findings in the staff report (other than certain conditions of approval).
They agree that the required findings of Chapter 3 have been met as of the townhouse
design standards of Section 4.3.3(O) and the required findings for a conditional use
pursuant to Section 2.4.5(E).
James Blythe, Architect,
briefly discussed the project and reviewed the
performance standards.
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Staff indicated that they meet all the performance standards except for
one; however, Mr. Mankoff stated they meet all the performance standards (performance
standard “e”). Mr. Mankoff stated they request that the Commission approve the project
without condition #3. In addition, Mr. Mankoff stated they have met with the City
Engineer who has agreed that the Technical Items #8 of Exhibit “A” relating to condition
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#1 concerning a dedication at the north end of N.E. 7 Avenue should be eliminated as a
condition.
Mayor Perlman stated if anyone from the pubic would like to speak in
favor or in opposition of the conditional use, to please come forward at this time.
Frank Docktor, 50 East Road #9-B, Delray Beach,
urged the
Commission to support the project because he feels it is an ideal location for a family
development.
Gary Eliopoulos, 205 George Bush Boulevard, Delray Beach,
stated he
is on the Planning and Zoning Board; however, he was unable to attend the meeting of
May 15, 2006. He stated some sites are more appropriate for residential as opposed to
mixed use. He strongly urged the Commission to approve this project as proposed.
There being no one else from the public who wished to address the
Commission regarding the conditional use, the quasi-judicial hearing was closed.
Mr. Mankoff asked Mr. Dorling if he had talked to the City Engineer
regarding condition #8 – Exhibit “A” concerning the dedication. Mr. Dorling stated he
had discussed this with the City Engineer.
Mr. Dorling expressed concern over the list of projects and the comment
that somehow these past projects will set trends or a precedent. This project may be
appropriate for the North Federal Highway Plan because it calls for mixed use in that
corridor.
Mr. Mankoff stated steadily the density issue is being looked at differently
and the three bedroom units with different floor plans have been sufficient for meeting
that performance standard. He stated this is a unique parcel along North Federal
Highway and they do not feel commercial is appropriate.
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. Montague asked Mr. Dorling to restate the reasons for a variance in
the number of bedrooms. Mr. Dorling stated in the staff report it indicates that it did not
meet that criteria. The criteria reads: a number of different unit types, sizes, and floor
plans are available within a development in order to accommodate households of varying
ages and sizes. He stated this is accomplished; however, it goes on to say that
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multifamily housing will at a minimum have a mix of one, two, and three bedrooms with
varying floor plans.
After brief discussion, the City Attorney stated the Commission approved
the Conditional Use subject to the conditions except for Condition #3 and Technical
Condition #8 (under Section 1) with a 3 to 2 vote.
Mrs. Ellis moved to approve the Board Order as stated, seconded by Mr.
Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman – Yes; Mrs.
Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – No; Mrs. Montague – No. Said motion
passed with a 3 to 2 vote, Commissioner Levinson and Montague dissenting.
9.B.BID AWARD/NEEDHAM ROOFING, INC.:
Consider approval of a
bid award to second lowest bidder, Needham Roofing, Inc., in the amount of $179,849.00
for the Re-roofing of the Community Center Gymnasium Project. Funding is available
from 334-4125-572-46.90 (General Construction Fund/Other Repair/Maintenance).
Richard Hasko, Director of Environmental Services, stated this item is a
recommendation for roof replacement at the Community Center to the second low bidder.
The base bid for Associates Roofing which was the apparent low bidder and Needham
Roofing which was the second low bidder was a difference of approximately $6,000.00.
Staff’s concern is because of the age of the roof the contingency rate for deck
replacement was significantly higher in the Associates Roofing bid than it was in
Needham Roofing. Staff recommends Needham Roofing, Inc. (second lowest bidder).
Mr. Levinson stated he was impressed by the speed of the job and asked if
staff has verified the references. Mr. Hasko stated these roofers are all licensed and
certified installers.
Mr. Fetzer moved to approve the contract award to Needham Roofing, Inc.
(second lowest bidder) in the amount of $179,849.00 for the re-roofing of the Community
Center Gymnasium Project, seconded by Mrs. Ellis. Upon roll call the Commission
voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs.
Montague – Yes; Mayor Perlman – Yes. Said motion passed with a 5 to 0 vote.
9.C.BID AWARD/RAYSIDE TRUCK AND TRAILER, INC.:
Consider
approval of a bid award to second lowest bidder, Rayside Truck and Trailer, Inc. in the
amount of $21,513.00 for the purchase of a utility body and crane to be mounted on City
Vehicle #444 for maintenance of the Lift Station for the Utility Maintenance Division.
Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive).
Richard Hasko, Director of Environmental Services, stated this is a
recommendation to award to the (second lowest bidder) primarily because the low bidder
did not comply with the advertised specifications that were advertised.
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Mr. Levinson suggested that the Request for Proposal’s (RFP’s) include a
statement that if a company does not comply with the bid specifications then they are not
considered a responsive bidder. Therefore, he stated there is a not the situation where the
second lowest bidder (or the lowest person who completes the requirements) is selected.
If they do not complete the requirements, then they should not even be considered so a
situation such as this could be eliminated.
Mrs. Ellis moved to approve the contract award to Rayside Truck and
Trailer, Inc. (second lowest bidder) in the amount of $21,513.00 for the purchase of
utility body and crane, seconded by Mrs. Montague. Upon roll call the Commission
voted as follows: Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor
Perlman – Yes; Mrs. Ellis – Yes. Said motion passed with a 5 to 0 vote.
9.D.POTENTIAL SALE OF PROPERTY/CHURCHILL PROPERTY:
Consider approval of an agreement between the City and William Plum for a period of
ninety (90) days to work on the City’s behalf to sell the former Churchill property at a
3% commission.
The City Attorney stated she would like to know if the Commission would
like to retain William Plum for a period of ninety (90) days to work on the City’s behalf
to sell the former Churchill property at a 3% commission.
The City Manager suggested that the City do an RFP and commented the
City can always retain a broker to sell the property if there are no responses to the RFP.
The City Manager stated he does not feel this is the best time to place this on the market
and suggested that the City of Delray Beach not enter into an agreement at this time.
After brief discussion, the Commission concurred with comments
expressed by the City Manager regarding an RFP.
9.E.APPOINTMENT TO THE BOARD OF ADJUSTMENT:
Appoint one
(1) alternate member to the Board of Adjustment for an unexpired term ending August
31, 2007. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3).
Pursuant to Section III.A.3. of the Local Rules, this appointment has been
postponed to the July 11, 2006 City Commission meeting.
9.F.APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY
COMMITTEE:
Appoint one (1) regular member to the Boca Raton Aviation Advisory
Committee for a two (2) year term ending May 31, 2008. Based upon the rotation
system, the appointment will be made by Commissioner Montague (Seat #4).
Mrs. Montague moved to appoint Robert Conway as a regular member to
the Boca Raton Aviation Advisory Committee for a two (2) year term ending May 31,
2008, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr.
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Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr.
Fetzer – Yes. Said motion passed with a 5 to 0 vote.
9.G.APPOINTMENT TO THE POLICE ADVISORY BOARD:
Appoint
one (1) regular member to the Police Advisory Board for an unexpired term ending
December 13, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Montague (Seat #4).
Mrs. Montague stated she would like to defer her appointment for the
Police Advisory Board to the June 20, 2006 City Commission meeting.
9.H. BID AWARD/CHAZ EQUIPMENT COMPANY, INC.:
Consider a
bid award to second lowest bidder, Chaz Equipment Company, Inc., in the amount of
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$986,318.70 for construction of the S.E./N.E. 1 Street One-Way Pair Conversion. The
Community Redevelopment Agency (CRA) will contribute an additional $131,711.60 to
the project for a total contribution of $648,563.70. The City will provide funding in the
amount of $337,755.00. Funding will be available from 334-3162-541-65.88 (General
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Construction Fund/S.E./N.E. 1 Street One-Way Pair), 448-5461-538-65.88 (Stormwater
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Utility Fund/S.E./N.E. 1 Street One-Way Pair), and 442-5178-536-65.88 (Water/Sewer
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Renewal & Replacement Fund/S.E./N.E. 1 Street One-Way Pair).
The City Attorney briefly updated the Commission regarding the City’s
discussions with FEC.
Brief discussion by the Commission and the City Attorney followed.
Mrs. Ellis moved to approve the bid award to Chaz Equipment Company,
Inc. (second lowest bidder), seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr.
Fetzer – Yes; Mr. Levinson – Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:04 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.PUBLIC HEARINGS:
10.A.ORDINANCE NO. 30-06 (FIRST READING/FIRST PUBLIC
HEARING):
City initiated amendment to Land Development Regulations (LDR)
Section 2.4.6, “Procedures for Obtaining Permits and Approvals”, to provide that
properties in single family residential districts may only be entitled to one (1) extension
for a building permit; amending Section 4.4.3, “Single Family Residential (R-1)
Districts”, by enacting Subsection 4.4.3(I), “Construction Site Conditions/Restrictions”
and Subsection 4.4.3(J), “Violations of 4.4.3(I)”, to provide for conditions and
restrictions for structures that are undergoing construction and remedies for violators. If
passed, a second public hearing will be scheduled for June 20, 2006.
The caption of Ordinance No. 30-06 is as follows:
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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
SECTION 2.4.6, “PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS”, SUBSECTION
2.4.6(B)(4), “CONDITIONS OF THE PERMIT”, TO
PROVIDE THAT PROPERTY IN SINGLE FAMILY
RESIDENTIAL DISTRICTS MAY ONLY BE
ENTITLED TO ONE EXTENSION FOR A BUILDING
PERMIT; AMENDING SECTION 4.4.3, “SINGLE
FAMILY RESIDENTIAL (R-1) DISTRICTS”, BY
ENACTING SUBSECTIONS 4.4.3(I), “CONSTRUCTION
SITE CONDITIONS/RESTRICTIONS”, AND
SUBSECTION 4.4.3(J), “VIOLATIONS OF 4.4.3(I)”, TO
PROVIDE FOR CONDITIONS AND RESTRICTIONS
FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND TO PROVIDE FOR
REMEDIES IF THOSE RESTRICTIONS ARE
VIOLATED; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 30-06 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.
Paul Dorling, Director of Planning and Zoning, stated the Beach Property
Owners’ Association (BPOA) submitted a letter to the Neighborhood Advisory Council
(NAC) indicating that with the building boom, the residents living on the barrier island
have experienced various problems with developers working in neighborhoods. After
lengthy research and a series of workshops and meetings and input from a local
developer, it was determined that the City was lenient with respect to building
construction regulations in single family zoned districts. The Neighborhood Advisory
Council with the help of the City Attorney’s office drafted an amendment that would
address these issues. These amendments apply only to construction activities which
requires a permit from the City and which occurs in any of the six single family zoning
districts. The amendment creates criteria for establishing work hours, how construction
parking is handled, when deliveries can be made, requires the cleaning of the
construction sites and adjacent areas, and requires the completion of single family
construction within 18 months. Mr. Dorling stated there is a six month clause extension
that can be granted by the Chief Building Official in the event there is shortage of
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06/06/06
materials.
At its meeting of May 15, 2006, the Planning and Zoning Board held a
public hearing regarding this item. Several members of the public spoke in favor of the
amendment but felt the proposed penalty of 50% of the original building permit fee was
not significant enough to make a difference if there was a failure to build the house
within 18 months. The Board recommended that the penalty fee be increased to 100% of
the initial building fees. Mr. Dorling noted that on page two of the ordinance the wording
needs to be modified from fifty percent to one hundred percent so that it is consistent
with the Planning and Zoning Board’s recommendation which was unanimous with a 4 to
0 vote.
Mr. Levinson commented that there was only one general contractor who
was consulted.
Lula Butler, Director of Community Improvement,
stated the Chief
Building Official and the Deputy Building Official were actively engaged in this
discussion and they had their own consultation separately from the Neighborhood
Advisory Council (NAC). Staff also sent the proposed ordinance to the Gold Coast
Builders’ Association for their review and received no comments back from them.
Mayor Perlman declared the public hearing open.
Gail Lee McDermott, Chair of the Neighborhood Advisory Council,
stated they have worked very hard to make this happen and she urged the Commission to
support this ordinance.
Cary Glickstein, speaking on behalf of the Beach Property Owners’
Association (BPOA),
stated this ordinance is long overdue and noted that everyone in
town is affected by the noise, odor, radios, trash, dumpsters, and the port-a-lets, etc. As a
builder, Mr. Glickstein stated builders are under great pressure to get things done in the
least expensive way and the concern of the neighbor next door is not at the forefront of
what they are concerned about. Mr. Glickstein stated very few of these jobs have a full-
time supervisor so in terms of controlling these problems and nuisances, it is left to the
subcontractors to police their own employees. He stated many other cities and counties
throughout the state and country have similar regulations in terms of how they penalize
builders and developers for missing the timetables. He stated the requirements are
reasonable and urged the Commission to support this ordinance.
Brief discussion followed between Mr. Glickstein and the Commission.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 30-06, the public hearing was closed.
Prior to the vote, Mr. Fetzer stated this is a good ordinance and thanked
the Neighborhood Advisory Council (NAC).
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06/06/06
Mayor Perlman commended the Neighborhood Advisory Council (NAC).
Mrs. Ellis moved to approve Ordinance No. 30-06 on First Reading/First
Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as
follows: Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes;
Mrs. Montague – Yes. Said motion passed with a 5 to 0 vote.
10.B.ORDINANCE NO. 33-06 (FIRST READING/FIRST PUBLIC
HEARING):
City initiated amendments to the Land Development Regulations (LDR)
creating a new zoning district, Section 4.4.29, “MROC (Mixed Residential, Office, and
Commercial) District”, amending Section 4.3.4(K), “Development Standards Matrix” and
Section 4.6.9(C)(8)(a), “Shared Parking” to add MROC as a zoning district which can
utilize shared parking. If passed, a second public hearing will be scheduled for June 20,
2006.
The caption of Ordinance No. 33-06 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 SUBSECTION 4.3.4(K),
"DEVELOPMENT STANDARDS MATRIX";
ENACTING SECTION 4.4.29, "MIXED
RESIDENTIAL, OFFICE AND COMMERCIAL
(MROC) DISTRICT"; AND AMENDING
SUBSECTION 4.6.9(C)(8)(a), “SHARED PARKING”,
TO ESTABLISH A NEW MIXED USE ZONING
DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 33-06 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.
Paul Dorling, Director of Planning and Zoning, stated this amendment
creates a new zoning district to be called MROC (Mixed Residential, Office, and
Commercial) and it also encourages mixed use development and the ordinance identifies
permitted conditional accessory and supplementary uses allowed, establishes maximum
thresholds for each type of use, and establishes the review and approval process. The
primary function of this zoning district is to attract Class “A” office space and allow
limited residential development including workforce housing. The ordinance would
allow 100% office RD (Research and Development uses) and would also allow up to
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06/06/06
20% of commercial uses. Mr. Dorling stated it does allow multifamily residential units
up to 40 units to the acre within the corridor and up to 50 units to the acre within the area
around the tri-rail station. Of those residential units, it does require 25% of them to be
workforce and it also allows the utilization of shared parking.
At its meeting of May 15, 2006, the Planning and Zoning Board held a
public hearing and recommended a minor change that would limit stand alone residential
buildings to a maximum height of 60 feet. This has been incorporated into the ordinance
and the Board voted 4 to 0 in support. Mr. Dorling stated staff has received some last
minute comments from the County which he believes could be considered as non-
substantial and addressed between first and second reading. Or, City staff could meet
with County staff in the next week or two and bring the ordinance back to the
Commission for another first reading.
The City Attorney stated the other option would be to continue the
ordinance to another date and staff will have another first reading incorporating all the
changes. There are a number of changes suggested by the County and the Commission
may have other changes as well.
Mr. Dorling stated the County is a one landowner in an entire district and
there is some direction which we need to be focused on for the corridor itself.
Mayor Perlman declared the public hearing open.
Audrey Wolf, speaking on behalf of the Palm Beach County Board of
Commissioners,
stated they are very interested in the MROC district and the Congress
Avenue Redevelopment Plan. They would like to continue to work closely with staff to
make sure that the code is actually going to facilitate for the area from a practical level.
Ms. Wolf stated the County is working on some test cases with the redevelopment of the
property because they believe there is a substantial portion of their property that could be
made available for non-County uses as part of the redevelopment.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mayor Perlman stated he and Randy Welker have been working on this for
a long time and went to the FAU design institute when they thought Office Depot was
leaving and they wondered what they could do on the Congress Avenue Corridor. Mayor
Perlman stated the three public policy goals were (1) to attract Class “A” office space and
jobs, (2) to provide a residential workforce housing component, and (3) create a corporate
corridor that would look attractive (i.e. a secondary gateway into Delray Beach).
Mrs. Montague moved to approve to continue Ordinance No. 33-06 to a
date not certain and staff to meet with other organizations, etc., seconded by Mrs. Ellis.
Upon roll call the Commission voted as follows: Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr.
Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes. Said motion passed with
a 5 to 0 vote.
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06/06/06
10.C.THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
Item 11, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.City Manager’s response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
inquiries.
11.B.From the Public.
11.B.1.Jayne King, 3400 Place Valencay, Delray Beach,
expressed concern
over the Delray Sewage Outfall and stated there has been brown discharge flowing into
the ocean off Delray Beach from the sewage plant on Congress Avenue (Delray Beach).
She stated she was shocked when she found that this antiquated practice of dumping
partially treated sewage into the ocean is still used. In her research, Mrs. King stated she
has found that all sewer plants are required under Federal Law (The Clean Water Act
passed by Congress in 1972) to have a permit to discharge and commented the Delray’s
permit expired December 2005. The plant management applied for a new permit June
2005 and has not been able to obtain one. The plant has been refused a new permit five
times since June 2005 for failing to agree to do testing in the receiving environment (the
ocean). She stated Federal Law requires sewage treatment facilities to demonstrate that
they are not degrading their receiving environment. The tests that the sewage plant has
not agreed to do are designed to address these federal requirements. Mrs. King stated
under The Clean Water Act, the plant is liable for fines at a minimum of a $1,000.00 a
day for operating without a permit. Mrs. King stated Delray must work diligently to
solve this critical environmental issue.
11.B.2.Annette Annechild, 300 North Swinton Avenue, Delray Beach,
inquired about the recycling that used to be going on at the beach and now it is not
happening anymore. Consequently, everyone is throwing newspapers and bottles into the
regular trash. She stated during Sun Fest the City of West Palm Beach was able to get
businesses like FPL to sponsor trash cans so all the trash cans had advertisements on
them and were paid for by those companies. Ms. Annechild stated the recycling was
excellent and throughout all of Sun Fest they recycled an enormous amount which they
publish every year.
Secondly, she stated the bike rack at City Hall is not cemented in and
requested that this be cemented.
th
11.B.3.Shirley Johnson, 701 N.W. 4 Street, Delray Beach, representing the
Board of the Progressive Residents of Delray (P.R.O.D.),
commented about an article
on the new Senior Center in Delray Beach that has raised a concern about not charging a
non-resident fee to use the facilities. She stated the taxpaying citizens’ vote and pay for
bonds to build and maintain recreational venues that all others may enjoy without a
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06/06/06
charge of any type. Ms. Johnson stated there is no non-residential charge for the teen
center and noted that other cities have these charges. She asked why the citizens’ of
Delray Beach can’t expect the same type of treatment and protection by our public
officials.
11.B.4.Rand Hoch, 400 North Flagler Drive #1402, West Palm Beach (serves
on the Board of Directors of the Palm Beach County Human Rights Council)
, stated
the Palm Beach County Human Rights Council has two requests for consideration. He
stated since Palm Beach County’s equal employment ordinance prohibits discrimination
on the basis of several protected classes including marital status, familial status, and
sexual orientation, the Palm Beach County Human Rights Council is asking to confirm
the City’s non-discrimination policy covering City employees with the County ordinance
by adding sexual orientation, marital status, and familial status. He stated this change
will only cover employees of the City of Delray Beach and will not cover any private
employers. Mr. Hoch stated once the City of Delray Beach makes this change then a City
employee would first have to exhaust the City’s internal resolution policy. The Council
is also requesting the City of Delray Beach to provide all City employees with the same
family benefits regardless of marital status. Last year, the County Commissioners
adopted a domestic partnership ordinance providing registered domestic partners with
some basic family benefits and changes in their policies so that the County employees
with domestic partners could cover their families with the same health insurance
available to married employees. Mr. Hoch stated other public employers offering this
domestic partnership benefits locally include the Palm Beach County School District, the
Sheriff’s Office, the Clerk and Comptroller, the Supervisor of Elections, the Property
Appraiser, the Port of Palm Beach and the cities of Lake Worth and West Palm Beach.
Therefore, Mr. Hoch reiterated that the Council is asking that the City of Delray Beach
provide the same family benefits to City employees with domestic partners as are
provided to employees who have been married (benefits include: health insurance, sick
leave, family medical leave, and bereavement leave).
11.B.5.Alice Finst, 707 Place Tavant, Delray Beach, speaking on behalf of the
Board of Progressive Residents of Delray (P.R.O.D.),
suggested that the City
Commission meetings be video taped or filmed. She stated she spoke to the Assistant
City Clerk in Boca Raton who stated that the City of Boca Raton started videoing their
meetings in the 1980’s and doing live feed in the 1990’s. The programs are fed live into
the City’s Channel 20 and into their radio station. The City of Boca Raton broadcasts
live City Commission meetings, Workshops, Planning and Zoning meetings, and Airport
Commission meetings.
Mayor Perlman stated the City’s practice is to take the testimony this
evening and have staff get back to them in a couple of weeks. With regard to Mrs.
King’s comments about the sewage pipe, Mayor Perlman recommends that staff ask Bob
Hagel, Executive Director of the South Central Regional Wastewater Treatment and
Disposal Board (SCRWTDB) to respond since he would be the most up-to-date with this
issue. Mayor Perlman suggested that Mr. Hoch’s issue be placed on a Workshop Agenda
so that the Commission can discuss and take a look at what other municipalities are
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06/06/06
doing. With regard to televising the City Commission meetings, he stated it was already
reported that this would be reviewed in context of the City’s upcoming budget (August
2006).
Item
At this point, the time being 7:50 p.m., the Commission moved to
12, First Readings.
12.FIRST READINGS:
12.A.ORDINANCE NO. 34-06:
An ordinance amending Section 37.45,
“Supplemental Code Enforcement Procedures”, to provide for civil violation imposition
and collection of penalties via ticketing through City Code and Law Enforcement
Officers; and to provide for a Hearing Officer to hear civil violation appeals. If passed, a
public hearing will be scheduled for June 20, 2006.
The caption of Ordinance No. 34-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING SECTION 37.45, “SUPPLEMENTAL
CODE ENFORCEMENT PROCEDURES”, OF THE
CODE OF ORDINANCES BY REPEALING IT IN ITS
ENTIRETY AND ENACTING A NEW SECTION 37.45,
“SUPPLEMENTAL CODE ENFORCEMENT
PROCEDURES”; PROVIDING FOR A HEARING
OFFICER TO HEAR CIVIL VIOLATION APPEALS;
PROVIDING FOR PENALTIES, IMPOSITION, AND
COLLECTION OF LIENS; PROVIDING FOR CIVIL
OFFENSES; PROVIDING FOR PAYMENT FOR
SERVICES AND QUALIFICATIONS OF HEARING
OFFICERS; PROVIDING FOR THE ESTABLISHMENT
OF CIVIL VIOLATION PROCEDURES; PROVIDING
FOR THE ESTABLISHMENT OF CIVIL PENALTIES
FOR VIOLATIONS; PROVIDING FOR IMPOSITION
AND COLLECTION OF CIVIL PENALTIES;
PROVIDING FOR APPEALS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 34-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and stated this does
not yet include any violations for animal issues. Staff is trying to coordinate with the
County so that any amendments to this ordinance are acceptable to them. Therefore, the
City Attorney stated this ordinance will be amended in the future to include any
violations for animal issues.
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06/06/06
Mr. Fetzer moved to approve Ordinance No. 34-06 on FIRST Reading,
seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mr. Fetzer –
Yes; Mr. Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes.
Said motion passed with a 5 to 0 vote.
Mr. Levinson thanked Al Berg, Assistant Director of Community
Improvement and Lula Butler, Director of Community Improvement, for their work with
this issue.
The City Attorney stated she would like to thank Terrill Barton, Assistant
City Attorney, for her work on this ordinance.
12.B.ORDINANCE NO. 32-06:
Rezoning from RM (Medium Density
Residential) to CF (Community Facilities) for Lots 11 and 23, Block 6, Atlantic Gardens,
ndth
located approximately 57 feet north of S.W. 2 Street, between S.W. 11 Avenue and
th
S.W. 12 Avenue for the Delray Beach Neighborhood Resource Center. If passed, a
public hearing will be scheduled for June 20, 2006.
The caption of Ordinance No. 32-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
REZONING AND PLACING LAND PRESENTLY
ZONED MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT TO COMMUNITY FACILITIES (CF)
DISTRICT; SAID LAND BEING TWO PARCELS
LOCATED APPROXIMATELY 57 FEET NORTH OF
ND
SW 2 STREET AND EXTENDING BETWEEN SW
THTH
11 AVENUE AND SW 12 AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, MARCH 2006" PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 32-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed
rezoning involves two lots (Lots 11 and 23, Block 6, Atlantic Gardens) totaling 0.314
acres. The City is converting the former police sub-station building to a community
center for the Neighborhood Resource Center. The proposal includes the construction of
an off-site parking lot on the adjacent vacant lot to the east (Lot 23). The subject
properties are zoned RM (Medium Density Residential) which does not allow community
center as either a principal or conditional use. The proposed rezoning to CF (Community
Facilities) would allow community uses, such as community centers and public parking
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06/06/06
lots as a principal (permitted) use.
At its meeting of May 15, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the request and recommended approval with a 4-0
vote.
Mrs. Ellis moved to approve Ordinance No. 32-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr.
Levinson – Yes; Mrs. Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr.
Fetzer – Yes. Said motion passed with a 5 to 0 vote.
12.C.ORDINANCE NO. 35-06:
City initiated amendment to Land
Development Regulations (LDR) Section 4.3.3, “Specific Requirements for Specific
Uses”, to require the installation of generators for certain critical facilities. If passed, a
public hearing will be scheduled for June 20, 2006.
The caption of Ordinance No. 35-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, CHAPTER FOUR “ZONING
REGULATIONS”, BY ENACTING A NEW
SUBSECTION 4.3.3(LL), “KIDNEY DIALYSIS
CENTERS”; BY ENACTING A NEW SUBSECTION
4.3.3(LLL), “PHARMACIES”; BY ENACTING A
NEW SUBSECTION 4.3.3(MM), “GROCERY
STORES”; BY ENACTING A NEW SECTION
4.3.3(OO), “MULTIFAMILY RESIDENTIAL
BUILDINGS EQUIPPED WITH ELEVATORS”; BY
ENACTING A NEW SUBSECTION 4.3.3(OOO),
“CLUBHOUSES AND COUNTRY CLUBS”, ALL TO
PROVIDE THAT CERTAIN KIDNEY DIALYSIS
CENTERS, PHARMACIES, GROCERY STORES,
RESIDENTIAL BUILDINGS WITH ELEVATORS,
CLUBHOUSES AND COUNTRY CLUBS SHALL
PROVIDE AUXILIARY POWER GENERATORS
WITHIN SPECIFIED TIME FRAMES; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 35-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance.
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06/06/06
Paul Dorling, Director of Planning and Zoning, stated this is a City
initiated amendment to require generators for new facilities including grocery stores,
kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs
and clubhouses of residential communities. The amendment will also require the
retrofitting of most existing facilities with varying time frames ranging from two years to
six years for those uses with the exception of service stations and clubhouses which are
not included in the retrofitting requirement.
At its meeting of May 15, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the request and recommended approval with a 4-0
vote.
Prior to the vote, Mr. Levinson suggested since the City will be requiring
these facilities over the next 2-6 years to install generators, that the City notify them as a
courtesy. Mayor Perlman concurred with comments expressed by Mr. Levinson and
agreed that there needs to be some kind of notification process; however, it does not
necessarily have to be a part of this ordinance.
Mrs. Montague moved to approve revised Ordinance No. 35-06 on FIRST
Reading, seconded by Mrs. Ellis. Upon roll call the Commission voted as follows: Mrs.
Montague – Yes; Mayor Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr.
Levinson – Yes. Said motion passed with a 5 to 0 vote.
12.D.ORDINANCE NO. 31-06:
An ordinance amending Chapter 32,
“Departments, Boards, and Commissions”, subheading “Advisory Boards and
Committees” by amending Section 32.06, “Composition of Boards and Committees;
Generally”, Section 32.07, “Membership Qualifications/Requirements”; and Section
32.08, “Length of Terms; Restrictions”, to provide that membership of a board may be
established by resolution and to permit other City Board members to sit on the Unity
Collaborative. If passed, a public hearing will be scheduled for June 20, 2006.
The caption of Ordinance No. 31-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 32, “DEPARTMENTS,
BOARDS AND COMMISSIONS”, BY AMENDING
SECTION 32.06, “COMPOSITION OF BOARDS AND
COMMITTEES; GENERALLY; SECTION 32.07,
“MEMBERSHIP QUALIFICATIONS/REQUIREMENTS;
AND SECTION 32.08, “LENGTH OF TERMS;
RESTRICTIONS”, TO PROVIDE THAT MEMBERSHIP
OF A BOARD MAY BE ESTABLISHED BY
RESOLUTION AND TO PERMIT OTHER CITY
BOARD MEMBERS TO SIT ON THE UNITY
COLLABORATIVE; PROVIDING A SAVING CLAUSE,
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06/06/06
A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 31-06 is on file in the City Clerk’s
office.)
The City Attorney read the caption of the ordinance and stated this
ordinance is to accommodate the Unity Collaborative and other people who may be on
other City Board members (Phase II of the R.A.C.E. Relations initiative).
Mr. Fetzer moved to approve Ordinance No. 31-06 on FIRST Reading,
seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor
Perlman – Yes; Mrs. Ellis – Yes; Mr. Fetzer – Yes; Mr. Levinson – Yes; Mrs. Montague
– Yes. Said motion passed with a 5 to 0 vote.
Item 13, Comments and
At this point, the Commission moved to
Inquiries on Non-Agenda Items.
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A.City Manager
With regard to Mayor Perlman’s suggestion about obtaining possible
grants from the trust for public lands, the City Manager stated the contact person is out of
the office until after Memorial Day and should be in touch with the City of Delray Beach
shortly (he may have already done so by now).
Secondly, the City Manager stated the City of Delray Beach received an
award from the Innovation Group for the Delray Youth Vocational Charter School and
noted that Dr. Little would like to keep this award at the school. The City Manager stated
he received many compliments about the program and he feels the Innovation group
attracts local governments that are innovative in trying to be on the cutting edge of
developments in government services.
13.B.City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C.City Commission
13.C.1.Mr. Fetzer
Mr. Fetzer commented about the Evaluation and Appraisal Report (EAR)
meetings regarding the Comprehensive Plan. He stated this has been a difficult process;
however, he feels it is good from the standpoint that the City has not excluded anyone
from giving their input and has given everyone a chance to participate in these meetings.
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06/06/06
Mr. Fetzer thanked City staff and the City Attorney for the job they have done in trying to
do this in an orderly manner.
13.C.2.Mrs. Ellis
Mrs. Ellis also commented about the Evaluation and Appraisal Report
(EAR) meetings and stated she was disappointed in the attendance. However, she stated
the meetings were very informative and she met people who really had an interest in
serving their community.
Secondly, Mrs. Ellis stated Friday evening she was at the beach and
counted 18 dogs on the beach. She believes pet owners do not realize that it is illegal to
have dogs on the beach. Mrs. Ellis stated we really need to work on this issue and
suggested that the City of Delray Beach publicize those places where dogs are really
allowed.
13.C.3.Mrs. Montague
Mrs. Montague stated the S.P.I.R.I.T. (Service, Performance, Integrity,
Responsible, Innovative, and Teamwork) is alive and well. She stated staff is very
enthusiastic about making changes and making things more aesthetically pleasing. Mrs.
Montague thanked the City Manager and all the participants. She commented about how
nice the chairs and waterfall look in the lobby at City Hall.
13.C.4. Mr. Levinson
Mr. Levinson echoed comments expressed by Mrs. Ellis regarding pets on
the beach and suggested that staff inform the Police Department the times of day that this
really needs to be controlled.
Secondly, he stated the North Federal Highway Plan called for mixed-use
development and suggested that staff revisit this Plan.
With regard to Mrs. King’s comments about the sewage, Mr. Levinson
suggested that staff plan the pricing for the City’s fall budget to include the extension of
the sewer line (a mile or two) and stated the cost is $1,000.00 an inch. He suggested
calculating the cost to see what it would do to the operation and maintenance budget at
the plant and then bring this issue back and propose an increase in the sewer rates. Mr.
Levinson explained that this issue is not as simple as it is purported to be.
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Lastly, he stated he will be on vacation and will miss the June 13 and
th
June 20 City Commission meetings.
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06/06/06
13.C.5.Mayor Perlman
Mayor Perlman stated with regard to comments expressed by Mr.
Levinson about the sewage, he stated the City has been working on this for
approximately two years.
Secondly, Mayor Perlman stated he attended the graduation for the Delray
Youth Vocational Charter School which was a very happy and moving experience and
noted this was the first graduation without Officer Johnnie Pun. Mayor Perlman stated
Officer Hart is doing a terrific job with having to step into a very difficult circumstance.
He stated he spoke at the graduation and the challenge for them will be that as new
Commissioners come on board to make sure they understand how important this project
is to the community.
He stated he had the opportunity the week before last to go with a group to
Kansas City for the Neighborhood USA Conference which was excellent. Mayor
Perlman stated the theme was “responsibility” and it brought back memories for him
about what Chief Overman and Mayor Lynch once talked about with regard to
neighborhoods and people having a responsibility.
Mayor Perlman stated there is a reading bench that was donated to the
City of Delray Beach by St. Joseph’s School (currently in the lobby of City Hall near
Human Resources) in honor of the reading initiative. He stated the reading bench is a
piece of public art that was done by the students and the art teacher.
Mayor Perlman stated on Thursday, June 8, 2006 the City of Delray Beach
is hosting a conference with the Urban Land Institute. He stated this will be held at Old
School Square and approximately 150 people will be in attendance coming from Miami
to Port St. Lucie. Mayor Perlman stated there will be a private sector panel talking about
development challenges in the current market conditions as well as affordability issues.
He will be participating in the public sector panel with Mayor Abrams and the Chairman
of the St. Lucie County Commission with different perspectives of what is going on in
government around “smart growth”. Mayor Perlman stated the keynote speaker is
Harriet Tregoning, Executive Director of the Smart Growth Leadership Institute, who
was also the Director of Planning for the State of Maryland which received much
recognition approximately ten years ago for smart growth on a statewide level. Mayor
Perlman stated he and Diane Colonna will be doing a one hour case study on Delray
Beach.
Lastly, the City Manager asked if the presentation Mayor Perlman and
Diane Colonna will be doing can be video taped and put on Channel 98. The City
Manager stated staff will explore this further because he feels this is part of trying to get
new people some perspective on how we got to where we are and where we came from.
Mayor Perlman stated Diane is working on a PowerPoint presentation and suggested that
this be placed on the City’s website.
- 24 -
06/06/06
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:21 p.m.
~. ~. 'N~~j
City Clerk
ATTEST:
~o~~
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Regular City Commission Meeting held
on June 6, 2006, which Minutes were formally approved and adopted by the City
Commission on June 20, 2006
~o ,~~. \j~
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
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- 25-
06/06/06
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IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR ISLAND AIR PROPERTY
ORDER OF THE CITY COMMISSION.
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This conditional use request has come before the City Commission on
June 6, 2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request for Island Air
Property. All of the evidence is a part of the record In this case. Required findings are
made in accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. ComDrehenslve Plan - Future Land Use and Map: Is the future use and
intensity of the development consistent with the future land use map and
comprehensive plan and is it appropriate in terms of soil, topographic, and other
applicable physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes 4 No 1
b. Concurrency: Concurrency as defined pursuant to Objective B-2 of
the Land Use Element of the Comprehensive Plan must be met and a determination
made that the public facility needs of .the requested land use and/or development
application will not exceed the ability of the City to fund and provide, or to require the
provision of, needed capital improvements for the following areas:
Are the concurrency requirements met as respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes 5
No 0
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r+etn q. A, .
c. Consistency: Will the granting of the conditional use be consistent
with and further the goals and policies of the Comprehensive Plan?
Yes
4
No
1
II. LDR REQUIREMENTS:
a. LDR Section 2.4.5(E) Required Flndlnas: (Conditional Use): Pursuant
to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not:
i. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
II. Nor that it will hinder development or redevelopment of nearby
properties.
Will Section 2.4.5(E)(5) be met?
Yes 5 No 0
b. Performance Standards for Density Increase: Does the applicant
meet the requirements set forth in Section 4.4.6(1), attached hereto, to allow a density in
excess of 6 dwelling units per acre to 11.34 dwelling units per acre?
Yes
3
No
2
3. The comments and notes set forth in the staff report are hereby
incorporated herein.
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
5. 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.
6. Based on the entire record before it, the City Commission approves ~
denies 2 the conditional use request subject to all conditions set forth in the staff
2
report except Condition No.3 and Technical Item No.8 under Condition NO.1 and
hereby adopts this Order this 6 day of June, 2006, by a vote of. 3 in favor and
2 opposed.
~ST:~ ~ ~~ .
..I.. ~. ..-..J
Chevelle Nubin
City Clerk
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LOR Section 4.4.6(1)
(I) Performance Standards:
(1) These standards shall apply to all site plans approved subsequent
to October 7, 1997, and for modifications to existing developments which involve the
creation of additional residential units.
In order to increase a project density beyond six (6) units per acre,
the approving body must make a finding that the development substantially complies
with the performance standards listed in this section. The intent of the standards is to
mitigate the impacts of the additional density both intemal and extemal to the site. The
extent to which a project meets the standards will determine the number of units per
acre that will be permitted. For example, if a project meets or exceeds all of the
standards, and is otherwise consistent with applicable standards and policies of the
City's Comprehensive Plan and Land Development Regulations, the maximum density
is permitted. Projects which only partially achieve these standards will be permitted a
correspondingly lower density. The performance standards are as follows:
(a) The traffic circulation system is designed to control speed and reduce
volumes on the interior and exterior street network. This can be
accomplished through the use of traffic calming devices; street
networks consisting of loops and short segments; multiple entrances
and exists into the development; and similar measures that are
intended to minimize through traffic and keep speeds within the
development at or below 20 m.p.h.
(b) Buildings are placed throughout the development in a manner that
reduces the overall massing, and provides a feeling of open space.
(c) Where immediately adjacent to residential zoning districts having a
lower density, building setbacks and landscape materials along those
adjacent property lines are increased beyond the required minimums in
order to provide a meaningful buffer to those lower density areas.
Building setbacks are increased by at least 25% of the required
minimum; at least one tree per 30 linear feet (or fraction thereof) is
provided; trees exceed the required height at time of planting by 25%_or
more; and a hedge, wall or fence is provided as a visual buffer between
the properties.
(d) The development offers a varied streetscape and building design. For
example, setbacks are staggered and offset, with varying roof heights
(for multi-family buildings, the planes of the facades are offset to add
interest and distinguish individual units). Building elevations
incorporate diversity in window and door shapes and locations; features
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such as balconies, arches, porches, courtyards; and design elements
such as shutters, window mullions, quoins, decorative tiles, etc.
(e) A number of different unit types, sizes and floor plans are available
within the development in order to accommodate households of various
ages and sizes. Multi-family housing will at a minimum have a mix of
one, two and three bedroom units with varying floor plans. Single
family housing (attached and detached) will at a minimum offer a mix of
three and four bedroom units with varying floor plans.
(f) The development is designed to preserve and enhance existing natural
areas and/or water bodies. Where no such areas exist, new areas
which provide open space and native habitat are created and
incorporated into the project.
(g) The project provides a convenient and extensive bicycle/pedestrian
network, and access to available transit.
(2) It is acknowledged that some of the above referenced standards
may not be entirely applicable to small, infill type residential projects. For those types of
projects, the ultimate density should be based upon the attainment of those standards
which are applicable, as well as the development's ability to meet or exceed other
minimum code requirements.
(3) For vacant property that is proposed for rezoning to RM with a
density suffix, the approving body must made a finding that the proposed density is
appropriate based upon the future land use map designations of surrounding property
as well as the prevailing development pattern of the surrounding area.
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