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07-11-06 Agenda Results City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting RULES FOR PUBLIC PARTICIPATION 1.PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday, July 11, 2006 Generally, remarks and the right to limit discussion rests with the Commission. by an individual will be limited to three minutes or less . The Mayor or presiding officer has discretion to adjust the amount of time allocated. Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitled to speak on items under this Commission Chambers section. Delray Beach City Hall B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2.SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3.ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue The City will furnish auxiliary aids and services to afford an individual with a Delray Beach, Florida 33444 disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, Phone: (561) 243-7000 24 hours prior to the event in order for the City to accommodate your request. Fax: (561) 243-3774 Adaptive listening devices are available for meetings in the Commission Chambers. 1.ROLL CALL. 2.INVOCATION. 3.PLEDGE OF ALLEGIANCE TO THE FLAG. 4.AGENDA APPROVAL. (Mayor noted Item 6.A, Proclamation for Melissa Capone, was added to the agenda; Additional information for Item 8.C, Ratification of Appointments to the Parking Management Advisory Board; Item 9.A, Conditional Use Request/Seagate Beach Club, was postponed to a date certain of August 1, 2006 due to a request from the applicant; Additional information for Item 9.B, Appeal of the Historic Preservation Board’s Decision Associated with 527 North Swinton Avenue; Revised memo for Item 9.I, Appointment to the Civil Service Board; and Revised memo for Item 9.M, Appointment to the Public Art Advisory Board; Approved as amended, 5-0) 5.APPROVAL OF MINUTES: ? June 20, 2006 – Regular Meeting ( Approved, 5-0) 6.PROCLAMATIONS: A. Recognizing and Commending Melissa Capone 7.PRESENTATIONS: A.RESOLUTION NO. 43-06: Approve Resolution No. 43-06 Recognizing and commending Patty Taylor for 30 years of dedicated service to the City of Delray Beach. ( Approved, 5-0) B.Special Recognition – Dick Sheremeta 8.CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A.COMBINED PRELIMINARY/FINAL SUBDIVISION PLAT APPROVAL/ DHBH #1 PLAT: Approve the subdivision plat for a 0.672 acre site to be platted as st DHBH #1 Plat, located at the northeast corner of East Atlantic Avenue and N.E. 1 Avenue. 1.OFF SITE PARKING AGREEMENT: Approve an Off Site Parking Agreement in association with the preliminary/final DHBH #1 Plat. 2.RESOLUTION NO. 47-06/ABANDONMENT OF RIGHT-OF-WAY: Approve Resolution No. 47-06 abandoning a portion of an improved north- south alley right-of-way within Block 76, Town of Linton (Delray) Plat; located stnd north of East Atlantic Avenue, between N.E. 1 Avenue and N.E. 2 Avenue. 3.TEMPORARY ACCESS EASEMENT AGREEMENT: Approve a Temporary Access Easement Agreement associated with the 16’ x 26’ portion of improved north-south alley right-of-way within Block 76 proposed for abandonment. 07-11-2006 - 2 - B.RESOLUTION NO. 46-06: Approve Resolution No. 46-06 assessing costs for abatement action required to remove nuisances on eighteen (18) properties throughout the City. C.RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD:Approve and ratify the appointments of Peter Perri, West Atlantic Redevelopment Coalition (WARC) Representative, and Reginald Cox, alternate WARC Representative, for unexpired terms ending September 30, 2006; Peter Arts, Community Redevelopment Agency Representative, for a two (2) year term ending July 1, 2008; and Herman Stevens, Downtown Development Authority Representative, for an unexpired term ending August 1, 2006. D.SUBDIVISION IMPROVEMENT AGREEMENT/LEGACY BANK: Approve a Subdivision Improvement Agreement between the City and Legacy Bank for required improvements to the alley adjacent to the project as a condition of development. E.REQUEST FOR SIDEWALK DEFERRAL/908 HYACINTH DRIVE: Approve a request to defer the installation of a sidewalk in front of 908 Hyacinth Drive. Staff recommends approval. F.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/CHAZ EQUIPMENT st COMPANY, INC./S.E./N.E. 1 STREET ONE WAY PAIR PROJECT/OLD SCHOOL SQUARE UTILITY RELOCATION: Approve Change Order No. 1 st (Contract Addition) to the S.E./N.E. 1 Street One Way Pair Project in the amount of $123,100.00 to Chaz Equipment Company, Inc. for the installation of double 6” Florida Power & Light conduits for the conversion to underground electric lines for Old School Square. Funding is available from 380-4150-572-63.29 (2004 G.O. Bond/Old School Square). G.CHANGE ORDER NO. 2/WEST CONSTRUCTION, INC: Approve Change Order No. 2 between the City and West Construction, Inc. in the amount of $71,350.00 for the installation of sod and a sidewalk, which were previously removed from the original contract, to the Machek Boy Scout Park Project. Funding is available from 380- 4150-572-63.25 (2004 G.O. Bond/Mike Machek Boy Scout Park). H.FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/ CITYSCAPE: Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way for Cityscape, located at the northwest rdth corner of N.E. 3 Street and N.E. 5 Avenue (southbound Federal Highway) and approve a hold harmless agreement with the developer (Cityscape PDC, LLC). I.AMENDMENT NO. 1/INTERLOCAL AGREEMENT/SCHOOL BOARD OF PALM BEACH COUNTY: Approve Amendment No. 1 to the Interlocal Agreement between the City and the School Board of Palm Beach County, for the Purchase and Construction of a Soccer Complex and Joint Use of Land and Facilities, to add the requirement of Level 2 Screening for employees and contractual personnel with access to the School Board’s facilities, to comply with the Jessica Lunsford Act. 07-11-2006 - 3 - J.RESOLUTION NO. 49-06/STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN: Approve Resolution No. 49-06 adopting the amended Local Housing Assistance Plan for Fiscal Years 2004-2007 pursuant to Title 67-37 of the Florida Administrative Code. K.GRANT APPLICATION/2005 DEPARTMENT OF COMMUNITY AFFAIRS (DCA) DISASTER RECOVERY INITIATIVE: Authorize staff to apply, through Palm Beach County Housing and Community Development, for funding in the amount of $3,135,500.00 under the 2005 Department of Community Affairs Disaster Recovery Initiative. L.SERVICE AUTHORIZATION NO. 1.0/DIGBY BRIDGES, MARSH AND ASSOCIATES, P.A.: Approve Service Authorization No. 1.0 to Digby Bridges, Marsh and Associates, P.A. in the amount of $16,500.00 for professional design services for the expansion of the Police Department’s Generator Room to accommodate a new 600 KW Generator. Funding is available from 001-2115-521-62.10 (General Fund/ Buildings). M.AWARD OF BIDS AND CONTRACTS: 1.Approve a purchase order to Ron Bell, Inc. in the total amount of $59,640.00 for the re-roofing of the Delray Beach Police Department Shooting Range and Evidence Storage Building ($39,840.00) and Lift Station #100 ($19,800.00) which were damaged by Hurricane Wilma. Funding is available from 551-1575- 591-45.50 (Business Insurance Fund/Property Claims). 2.Contract award to Rosso Paving & Drainage, Inc. in the amount of $390,972.20 for the construction of a pavilion, tot lot playground surface, hardscape items, landscaping, irrigation, and parking for the Eagle Park Project. Funding is available from 380-4150-572-63.23 (2004 G.O. Bond/Neighborhood Parks). 3.Contract award to Shenandoah Construction in the amount of $26,605.00 for the cleaning/televising of the existing drainage pipes for the Sea Sage/Melaleuca/Oleander Stormwater Project. Funding is available from 448- 5461-538-65.35 (Stormwater Utility Fund/Sea Sage/Melaleuca/Oleander Fund). 4.Bid award to V.P.H. Builders, Inc. in the amount of $23,500.00 for the demolition, removal, and replacement of the Atlantic Avenue and A-1-A beach crossover walkway and observation deck. Funding is available from 001-4131- 572-63.40 (General Fund/Recreation Improvements). 5.Lease agreement with Ikon Office Solutions in the total amount of $28,467.00 over a three (3) year term via the Miami-Dade Contract #114DD11 for the lease of an Ikon-Cannon Image Runner 7095 Copier for the City Clerk’s Office. Funding is available from 001-1411-512-44.30 (General Fund/Equipment Rental Leases). 07-11-2006 - 4 - 6.Bid award to multiple vendors for the purchase of road construction materials for the City via Co-op Bid at an estimated annual cost of $300,848.00. Funding is available from various departments operating expense budgets and capital project accounts. 7.Contract award to Sentry Industries, Inc. for a two (2) year period at an estimated annual cost of $250,000.00 for the first year for the purchase and delivery of Sodium Hypochlorite. Funding is available from 441-5123-536- 52.21 (Water/Sewer Fund/Chemicals). 8.Bid award to U.S. Biosystems, Inc. at an estimated annual cost of $22,450.00 for supplemental laboratory analysis for the Water Treatment Plant Lab. Funding is available from 441-5124-536-34.90 (Water/Sewer Fund/Other Contractual Services). 9.Contract award to P.B. Deco Concrete in the amount of $18,250.00 for the cleaning and repair of the textured concrete at the Delray Swim and Tennis Facility. Funding is available from 001-4215-575-46.90 (General Fund/Other Repair/Maintenance Costs). 9.REGULAR AGENDA: A.CONDITIONAL USE REQUEST/SEAGATE BEACH CLUB: Consider a request to allow the demolition and reconstruction of a new private beach club, the Seagate Beach Club, with attendant recreational, dining, and related accessory facilities, within the RM (Medium Density Residential) zoning district, located on the east side of South Ocean Boulevard, south of Casuarina Road (400 South Ocean Boulevard). (Quasi-Judicial Hearing) (Motion to continue to a date certain of August 1, 2006 due to a request from the applicant; Approved, 5-0) B.APPEAL OF THE HISTORIC PRESERVATION BOARD’S DECISION ASSOCIATED WITH 527 NORTH SWINTON AVENUE: Consider an appeal of the Historic Preservation Board’s decision denying a demolition permit for 527 North Swinton Avenue, located in the Del-Ida Park Historic District. (Quasi-Judicial Hearing) (Motion to approve the Appeal and the Board Order as stated; Approved, 4-1; Commissioner Ellis dissenting) C.WAIVER REQUEST/GRAMERCY SQUARE: Consider a waiver request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), “Paving Widths”, to reduce the required minimum paving width for an interior road from 24’ to 20’ for Gramercy Square Phase II, pursuant to LDR Section 2.4.7(B)(5), “Waiver Findings”. (Quasi-Judicial Hearing) (Motion to approve Board Order granting approval of reducing minimum paving width from 24’ to 20’; Approved, 5-0) 07-11-2006 - 5 - TH D.SPECIAL EVENT REQUEST & RESOLUTION NO. 48-06/29 ANNUAL ROOTS CULTURAL FESTIVAL/YOUTH AND ADULT BASKETBALL th TOURNAMENTS:Consider approval of a special event request to allow the 29 Annual Roots Cultural Festival Family Day in Pompey, Festival Parade, One Day Gospel Festival on the Square, and Youth and Adult Basketball Tournaments to be held July 21, 2006 through August 12, 2006, and approve Resolution No. 48-06 in support of the event; granting temporary use permit per LDR Section 2.4.6(H) for the use of City facilities, right of way and parking lots; authorize staff support for security; waiver of facility rental fee for City facilities; contingent upon sponsor providing a liability insurance certificate, rental agreement from Old School Square (OSS), and a hold harmless agreement. (Motion to postpone; Approved, 5-0) E.INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2006-1: Formally initiate Comprehensive Plan Amendment 2006-1 pursuant to Section 9.2.1 of the Land Development Regulations. (Approved, 5-0) F.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider the actions and decisions made by the Land Development Boards for the period June 19, 2006 through July 7, 2006. (First motion to appeal the Site Plan Review and Appearance Board’s Eagle Park Item. Second motion to receive and file remaining balance of report; Approved, 5-0) G.DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of th Cities’ 80 Annual Conference to be held at the Hyatt Regency Hotel in Jacksonville, Florida on August 10-12, 2006. (Motion to designate Commissioner Fetzer as voting delegate; Approved, 5-0) H.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). (Appointed George Thacker and approved, 5-0) I.APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate member to the Civil Service Board for a two (2) year term ending July 1, 2008. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). (Appointed Eric Luckman and approved, 5-0) J.APPOINTMENTS TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint two (2) regular members and one (1) resident member to the Delray Beach Housing Authority for four (4) year terms ending July 14, 2010. Based upon the rotation system, the appointments will be made by Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2), and Commissioner Levinson (Seat #3). (Appointed Thuy Shutt and approved, 5-0; appointed Alfred Etienne and approved, 5-0; and appointed Dawn Guzzetta and approved, 5-0; all appointed as regular members) 07-11-2006 - 6 - K.APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) regular member to the Downtown Development Authority (DDA) for an unexpired term ending July 1, 2008. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). (Appointed Nancy Stewart and approved, 5-0) L.APPOINTMENTS TO THE EDUCATION BOARD: Appoint five (5) regular members for two (2) year terms ending July 31, 2008 and one (1) student member for a one (1) year term ending July 31, 2007 to the Education Board. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2). (Appointed Debra Kaiser and approved, 5-0; appointed Harold Van Arnem and approved, 5-0; appointed Peggy Murphy and approved, 5-0; Commissioner Levinson and Commissioner Ellis deferred their appointments and Commissioner Fetzer deferred his second appointment) M.APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint three (3) regular members to the Public Art Advisory Board for two (2) year terms ending August 2, 2008. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), and Mayor Perlman (Seat #5). (Appointed Vincent Dole and approved, 5-0; appointed Sharon Koskoff and approved, 5-0; and appointed Mary Smith and approved, 5-0) 10.PUBLIC HEARINGS: A.RESOLUTION NO. 45-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/SCHOOL BOARD OF PALM BEACH COUNTY: Consider approval of Resolution No. 45-06 authorizing the City to purchase property from the School Board of Palm Beach County for the construction of a soccer complex for recreational purposes, located at 2501 Seacrest Boulevard (old Atlantic High School Site); and Contract for Sale and Purchase between the City and the School Board of Palm Beach County in the amount of $834,750.00. ( Approved, 4-0; Commissioner Ellis away from dais) B.ORDINANCE NO. 30-06 (SECOND READING/SECOND 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. ( Approved, 5-0; Commissioner Ellis returned to dais) 07-11-2006 - 7 - C.ORDINANCE NO. 36-06: An ordinance amending Chapter 136, “Sexual Offenders and Sexual Predators”, of the Code of Ordinances, Section 136.02, ‘Sexual Offenders and Predator Residence Prohibition”, to provide for an additional exception to the residence prohibition to exclude persons who were convicted of the enumerated offenses prior to October 1, 2004 to mirror the Florida State Statutes. (Approved, 5-0) D.RESOLUTION NO. 28-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Consider approval of Resolution No. 28-06 authorizing the City to transfer/sell City th owned property, located at 218 S.W. 4 Avenue, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. (Approved, 5-0) E.RESOLUTION NO. 29-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Consider approval of Resolution No. 29-06 authorizing the City to transfer/sell City owned property, located at 1025 Mango Drive, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. (Approved, 5-0) F.RESOLUTION NO. 30-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Consider approval of Resolution No. 30-06 authorizing the City to transfer/sell City owned property, located at 1027 Mango Drive, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. (Approved, 5-0) G.RESOLUTION NO. 31-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Consider approval of Resolution No. 31-06 authorizing the City to transfer/sell City nd owned property, located on S.W. 2 Street, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. (Approved, 5-0) H.RESOLUTION NO. 32-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Consider approval of Resolution No. 32-06 authorizing the City to transfer/sell City th owned property, located on N.W. 8 Avenue, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. (Approved, 5-0) I.RESOLUTION NO. 33-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Consider approval of Resolution No. 33-06 authorizing the City to transfer/sell City th owned property, located on S.W. 13 Avenue, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. (Approved, 5-0) 07-11-2006 - 8 - J.RESOLUTION NO. 34-06/CONTRACT FOR SALE AND PURCHASE OF PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Consider approval of Resolution No. 34-06 authorizing the City to transfer/sell City nd owned property, located on S.W. 2 Terrace, to be utilized for affordable housing purposes; and approve Contract for Sale and Purchase between the City and the Delray Beach Community Land Trust, Inc. in the amount of $10.00. (Approved, 5-0) 11.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A.City Manager's response to prior public comments and inquiries. B.From the Public. 12.FIRST READINGS: A.ORDINANCE NO. 5-06: Annexation, Small-Scale Future Land Use Map amendment from County RL-3 (Low Density Residential – 3 dwelling units per acre) to City TRN (Transitional) and Rezoning from County CG/SE (Commercial General/Special Exception to City SAD (Special Activities District) for a 0.99 acre property, to be known as Robotic Space Savers, located at the southwest corner of Conklin Drive and Military Trail. If passed, a public hearing will be scheduled for July 25, 2006. (Approved, 5-0) B.ORDINANCE NO. 39-06: Amendment to the Land Development Regulations (LDR) Article 4.7, Family/Workforce Housing”, Subsection 4.7.4(d), “Density Bonus Program for the Southwest Neighborhood Overlay District, Carver Estates Overlay District, and Infill Workforce Housing Area; Bonus Allowances”, to provide the same number of bonus units for “sale” and “rental” units; Section 4.7.7, “For Sale Housing Units”, to allow a right of first refusal to the Community Land Trust; and 4.7.9(c)(v) to provide that the proportions of “for sale” to “for rent” units for projects that are funded by certain State financing programs shall not need to be proportional if 20% of the “for sale” units are workforce units. If passed, a public hearing will be scheduled for July 25, 2006. (Approved, 5-0) 13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A.City Manager B.City Attorney C.City Commission ****** Meeting adjourned at 9:22 p.m. ****** 07-11-2006 - 9 -