07-25-06 Minutes Reg
JULY 25. 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, July 25, 2006.
1:
Roll call showed:
Present - Commissioner Rita Ellis
Commissioner Fred Fetzer
Commissioner Jon Levinson
Commissioner Brenda Montague
Mayor Jeff Perlman
Absent - David T. Harden, City Manager
Also present were - Robert A. Barcinski, Acting City Manager
Susan A. Ruby, City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Reverend Ron Arflin with Abbey
Delray South.
3.
gIven.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman requested that Item 8.G.8., Contract Award to Ron Bell.
Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.1.
Rate.
He stated there is additional information for Item 9.1., Proposed Milla2:e
Mr. Levinson stated he would like to move Item 9.1., Proposed Milla2:e
Rate to the meeting of August 1, 2006 because the City Manager inadvertently scheduled
his vacation during the fourth week of July thinking there was not going to be a City
Commission meeting. Mr. Levinson stated he spoke today with the Property Appraiser's
office and noted the date for the requirement for setting the proposed rate is August 4,
2006 at 5:00 p.m. and noted that the Tax Roll Coordinator has indicated that if the City
Commission discusses this at their meeting of August 1, 2006 (when the City Manager
returns) that this would still provide sufficient time to get the DR-420 Form to the
Property Appraiser's office.
07/25/06
Mrs. Ellis moved to approve the Agenda as amended, seconded by Mr.
Fetzer. 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:
Mr. Fetzer moved to approve the Minutes of the Regular Meeting of July
11, 2006, 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.
Mrs. Montague moved to approve the SpeciallWorkshop Meeting of July
18,2006, 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.
6.
PROCLAMATIONS:
. NONE
7.
PRESENTATIONS:
7.A Presentation of Ceremonial Checks from the Department of
Environmental Protection. Florida Recreation Development Assistance Pro2:ram -
Representative Adam Hasner and Representative Richard Machek
Representative Richard Machek, gave a brief history on Delray Beach and
presented a ceremonial check in the amount of $200,000.00 from the Department of
Environmental Protection, Florida Recreation Development Assistance Program for Lake
View Park for the Mike Machek Boy Scout Park.
Representative Adam Hasner, stated he was pleased to be able to bring
home state funds for important local projects that are in need and help supplement some
of the City costs on some of these important projects. Representative Hasner stated it is
his privilege to present the $200,000.00 check and thanked the City Commission for
everything they do for the City of Delray Beach.
7.B. CDBG Rehab Proiect for The McClenehan Familv
Lula Butler, Director of Community Improvement, introduced Elizabeth
Alpert, Community Development Administrator. Mrs. Butler stated a few months ago
staff came before the Commission and asked for an exception to the maximum that is
allowed to be awarded under the Grant Program for housing rehabilitation under the
CDBG Program. Mrs. Butler stated staff showed the Commission the impact of their
decision and the difference it has made for the McClenehan Family. The McClenehan's
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home sustained severe damages after Hurricane Wilma leaving the structure
uninhabitable and separating the seven member family. The presentation included a
news brief from Channel 25 and a PowerPoint presentation on the results of this.
Mary McClenehan came forward and thanked Mayor Perlman, the City
Commission and her contractor Mr. Joe Mosca.
Mayor Perlman presented Mr. Mosca with a Certificate of Appreciation in
recognition ofthe McClenehan family.
Mrs. Butler stated the McClenehan family moved into the home on S.W.
9th Street on July 2, 2006.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL BOUNDARY PLAT APPROVAL/5TH AVENUE AT
iiEiRAY PLAT: Approve the boundary plat for the 5th Avenue at Delray Plat, located
on the east side of N.E. 5th Avenue (southbound Federal Highway), between N.E. 1st
Street and N.E. 2nd Street.
8.B. RESOLUTION NO. 51-06: Approve Resolution No. 51-06 assessing
costs for abatement action necessary to remove junked and/or abandoned vehicles from
five (5) properties throughout the City.
The caption of Resolution No. 51-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, PURSUANT
TO CHAPTER 90 OF THE CODE OF ORDINANCES OF
THE CITY OF DELRA Y BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED
AND/OR ABANDONED VEHICLES WITHIN THE
CITY OF DELRA Y BEACH; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A
DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR
UNP AID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 51-06 is on file at the City Clerk's
Office. )
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8.C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENTI
ATLANTICA: Authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Atlantica, located north of George
Bush Boulevard, between N.E. 6th Avenue (northbound Federal Highway) and N.E. 7th
Avenue and approve a hold harmless agreement with the developer (LMC Development
Delray, LLC).
8.D. SERVICE AUTHORIZATION NO. 1.5/PGAL. INC.: Approve
Service Authorization No. 1.5 to PGAL, Inc. in the amount of $198,085.00 for basic
construction administration, post occupancy services, additional geotechnical services,
material testing services, and threshold inspection services for the Old School Square
Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O.
Bond/Old School Square).
8.E. CONTRACT RENEW ALIURBAN DESIGN STUDIO. LLC:
Approve renewal of a consulting agreement with Urban Design Studio, LLC in the
estimated annual amount of $7,500.00 for Beach Overlay District review services.
Funding is available from 001-2511-515-31.90 (General Fund/Other Professional
Services).
8.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period July 10, 2006 through July 21,2006.
8.G. AWARD OF BIDS AND CONTRACTS:
1: Contract award to Chaz Equipment Company, Inc. in the amount
of $1,185,514.00 for the A-1-A Water Main Upgrade Project.
Funding is available from 442-5178-536-65.27 (Water/Sewer
Renewal & Replacement Fund/Water Main SR AlA - Atlantic
Ave. to Pelican) and 442-5178-536-65.28 (Water/Sewer Renewal
& Replacement Fund/Water Main SR AlA - Casuarina Rd. to
Atlantic Ave.)
2. Purchase award to CDW-G in the amount of $46,000.00 for the
purchase of 200 additional Citrix Licenses to allow the IT
Department to install and update software from a centralized point.
Funding is available from 334-6112-519-34.90 (General
Construction Fund/Other Contractual Services).
3. Purchase award to Kilpatrick Company in the amount of
$17,853.36 via the expired Florida State Contract #515-630-03-1
for the purchase of one (1) Smithco Spray Star Model 1600p
Sprayer for the Municipal Golf Course. Funding is available from
445-4761-572-64.90 (Delray Beach Municipal Golf Course
Fund/Other Machinery/Equipment).
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4. Contract award to Red Wing Shoe Store at an estimated annual
cost of $66,775.00 via the Brevard County Proposal #/Title P-2-
06-19 for the purchase of safety shoes for City Employees.
Funding is available from various departments' operating expense
budgets.
5. Contract award to B.K. Marine Construction, Inc. in the amount of
$36,245.00 for the City Marina and Veterans Park Dock Project.
Funding is available from 551-1575-591-45.50 (Business
Insurance Fund/Property Claims).
6. Contract award to Staffing Connection! Action Labor in the
estimated annual amount of $190,000.00 for a two (2) year term to
provide school crossing guards and supervisory services for the
Police Department. Funding is available from 001-2115-521-
34.90 (General Fund/Other Contractual Services).
7. Contract award to Asphalt Consultants, Inc. in the amount of
$1,377,027.00 for the Country Club Acres Infrastructure
Improvements Project. Funding is available from 334-3162-541-
65.86 (General Construction Fund/Country Club Acres), 441-
5161-536-65.86 (Water/Sewer Fund/Country Club Acres), and
448-5461-538-65.86 (Stormwater Utility Fund/Country Club
Acres).
8. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.1.
Mr. Levinson moved to approve the Consent Agenda as amended,
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.
9.
REGULAR AGENDA:
9.A.1. CONTRACT AWARD TO RON BELL. INC. Contract Award to Ron
Bell, Inc. in the amount of $146,290.00 for the re-roofing of the Delray Beach Police
Department Headquarters building which was damaged by Hurricane Wilma. Funding is
available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
The City Attorney stated due to the nature and severity of the issues at the
Police Department and the likelihood that if we have a hurricane, the damage to the
Police Department would affect the service to the residents. Staff recommends approval
of a Declaration of an Emergency and approval ofthe Contract Award to Ron Bell, Inc.
Mr. Levinson moved to approve a Declaration of an Emergency, seconded
by Mr. Fetzer. 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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07/25/06
Mrs. Montague moved to approve the Contract Award to Ron Bell, Inc. in
the amount of $146,290.00 for the re-roofing of the Delray Beach Police Department
Headquarters building which was damaged by Hurricane Wilma, seconded by Mr. Fetzer.
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.
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9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISIONIEAGLE PARK: Consider an appeal of the Site Plan Review and
Appearance Board's conditions of approval for the Class V Site Plan and Landscape Plan
for Eagle Park. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent quasi-judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. Mr. Levinson stated he had a conversation with Christel Silver who is
an adjacent property owner in Coral Trace and a conversation (twice) with Kathy Weigel,
Principal of Atlantic High School. Mrs. Montague stated she had a conversation with
Christel Silver. Mayor Perlman, Mrs. Ellis, and Mr. Fetzer had no ex parte
communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning Department file #2006-306.
Mr. Dorling stated this is an appeal of the Site Plan Review and
Appearance Board conditions of approval on Eagle Park made on June 28, 2006. The
Site Plan Review and Appearance Board reviewed a Class V site plan, landscape plan
and architectural plan for a passive neighborhood park located north of Temple Sinai
known as Eagle Park. The development proposal consists of the following: (1)
Construction of a 5-foot wide concrete pathway, pavilion, tot lot, and benches, (2)
Reconfiguration of the existing median cut along Coral Trace Boulevard to allow for u-
turns, (3) Construction of 12 parallel parking spaces along Coral Trace Boulevard, (4)
Installation of associated landscaping. The Board had significant discussion about it and
they approved four (4) conditions. An additional condition was added noted as Condition
#5 which requires a curvilinear retention area be modified from its existing rectangular
shape to one that is curvilinear. As per Richard Hasko's memorandum, the Engineering
Department has issues with both a time point of view as well as a monetary point of view
(permitting issues that would delay the construction of this park and additional costs with
the curvilinear retention area). Staff recommends that the appeal be upheld and that the
Commission moved forward with conditions 1-4 only.
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07/25/06
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition ofthe appeal, to please come forward at this time.
Alice Finst, 707 Place Tavant, Delray Beach, expressed concern leaving
the retention pond in this rectangular state.
There being no one else who wished to address the Commission regarding
the appeal, the public hearing was closed.
Mr. Levinson moved to approve the Board Order as stated thereby
approving the appeal with the deletion of Condition #5, seconded by Mrs. Ellis. 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.
9.B. WAIVER REOUESTITROPIC CAY TOWNHOMES: Consider a
partial waiver request to waive Land Development Regulations (LDR) Section 6.1.3(A),
"Principles of Design", to eliminate the required sidewalk along the west side of
Frederick Boulevard for Tropic Cay Townhomes, located at the southeast corner of
Frederick Boulevard' and Fladell's Way, pursuant to LDR Section 2.4.7(B)(5),
"Findings", and Section 6.1.3(D)(1)(b), "Waiver". (Quasi-Judicial Hearing)
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project file #2004-211 into the record.
On October 27, 2004, the Site Plan Review and Appearance Board
(SPRAB) approved a Class V site plan, landscape plan, and architectural elevations
associated with the construction of eight (8) fee simple townhomes to be known as Tropic
Cay Townhomes. During the platting process, engineering requirements to retain historic
drainage flows within the right-of-way have required swale areas which could not be
accommodated if a sidewalk is provided on each side of the street. A waiver request to
provide a sidewalk on the east side of Frederick Boulevard only is requested at this time
and is now before the Commission for consideration. It is noted that there is no sidewalk
on the west side of this road going south nor is there one to the east. The applicant would
provide a sidewalk that would be contiguous along the east side. Required findings with
respect to LDR Section 2.4.7(B)(5) are made in the staff report. At their meeting of June
29, 2006, the Development Services Management Group (DSMG) recommended
approval.
Mayor Perlman stated if anyone from the public would like to speak in
favor or in opposition of the request, to please come forward at this time.
There being no one who wished to address the Commission regarding the
waiver request, the public hearing was closed.
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07/25/06
Mr. Levinson moved to approve the Board Order which includes the
waiver of the sidewalk along the west side of a portion of Frederick Boulevard, by
adopting the findings of fact and law contained in the staff report, and finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets criteria
set forth in Section 2.4.8(B)(5) of the LDR's, seconded by Mrs. Montague. 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
o vote.
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9.C. WAIVER REOUESTIBANK OF AMERICA: Consider a waiver
request to waive Land Development Regulations (LDR), Section 4.6.7(F)(7), "Design
Standards Matrix", to allow Bank of America to have a flat wall sign in excess of what is
allowed under the Code. (Quasi-Judicial Hearing)
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Lula Butler, Director of Community Improvement, entered the project file
into the record and stated this is a request for a waiver to Section 4.6.7(F)(7) of the
LDR's governing the number and placement of signs. The item is specifically related to
the applicant's request to have a flat wall sign in exception to what the Code allows.
Bank of America is a single occupant in a one-story building that fronts West Atlantic
Avenue. The business presently has one free standing monument style sign and one flat
wall sign both facing West Atlantic Avenue. Mrs. Butler stated Section 4.6.7(E) provides
for one wall sign per business along with the requirement that the sign must face a
dedicated street. The wall sign proposed for the west elevation is in excess of what is
allowed under the code and does not meet the test of facing a "dedicated street". In this
instance the sign would face the parking lot and the applicant is asking for a waiver to the
Code for this. This item was heard by SPRAB at their regular meeting of June 14,2006
and the Board voted 6-0 in support of the waiver request. Section 2.4.7(B)(5) of the
LDR's allows the City Commission to grant waivers to the Section of the code that
governs signs, providing the Commission shall make a finding of fact based on (1) the
granting of a waiver shall not adversely affect the neighboring area, (2) shall not
significantly diminish the provision of public facilities, (3) shall not create an unsafe
situation, and (4) does not result in the granting of a special privilege in that the same
waiver would be granted under similar circumstances on other property for another
applicant. Staff recommends approval of the waiver.
Grel!:orv Davis. Thomas Sien & Awninl!: Company. Inc.. 4590 118th
Avenue North. Clearwater. FL 33762. thanked the Commission for the opportunity to
be here and stated his company was asked by Bank of America to install this sign on this
particular elevation because of the bank's entrance. He stated after speaking with staffhe
understood that the sign faced the residential area and therefore City staff requested that
the sign be a non-illuminating sign. Mr. Davis urged the Commission to approve the
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waiver request.
Mrs. Montague moved to approve the waiver of Section 4.6.7(F)(7),
pursuant to the action and recommendation of the Site Plan Review and Appearance
Board for the Bank of America building located at 4650 West Atlantic Avenue and
approval of the Board Order, 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.
9.D. REJECTION OF BIDSIROSEMONT PARK PROJECT: Consider
rejection of all bids received for the Rosemont Park Project due to bids significantly in
excess of budgeted funding; and authorize staff to re-bid in August, 2006.
Randal Krejcarek, City Engineer, stated this is a request to reject the bids
that were received for Rosemont Neighborhood Park. He stated Rosemont Neighborhood
Park is City right-of-way at S.W. 6th Street between S.W. 4th Avenue and 5th Avenue
which will be turned into a linear park. Mr. Krejcarek stated staff recommends to reject
the bids is because staff received two bids that were substantially over the budgeted
amount. This project is going to be funded by the Community Redevelopment Agency
(CRA) and staff is going to request that the CRA increase the funding for the next fiscal
year. The re-bid will be advertised in August, which will coincide with an anticipated
contract award at the October 3,2006 City Commission meeting.
Mayor Perlman asked if the CRA is completely funding the project or are
they supplementing the City. In response, Mr. Krejacrek stated there is a small amount
of money coming out of the Water and Sewer Renewal Fund for this park.
Mr. Levinson asked how the design for this project was created. In
response, Mr. Krejacrek stated the design was started in-house; a consultant was hired to
put the contract documents together. Furthermore, Mr. Krejacrek stated his staff along
with Nancy Davila (City Horticulturist) worked on the initial design. Mr. Levinson
stated this would have been a great design-build type project where staff could have
gotten a firm together with a contractor and the contractor would have been the prime.
The architectural firm, landscape, and others would have come in and it may have been
that they would have had sensitivity in the design process to the cost of the construction.
Mr. Levinson stated these kinds of opportunities can be good design build opportunities
because the two are working together with the contractor being primarily responsible for
the cost.
Mr. Fetzer moved to approve the rejection of bids received for the
Rosemont Park Project and authorize staff to re-bid the contract, seconded by Mrs.
Montague. 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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9.E. CM AT RISK CONTRACTIWESTERNISENIOR COMMUNITY
CENTER! PRECONSTRUCTION SERVICES: Consider approval of the Review
Committee's rankings of the Request For Proposals (RFP's) for the Western/Senior
Community Center CM At Risk Contract and authorize staff to proceed with contract
negotiations with the top ranked firm, The Weitz Company, for the preconstruction
services phase of the Western/Senior Community Center Project.
Randal Krejcarek, City Engineer, stated this isa request for approval to
award the CM At Risk Contract and authorize staff to negotiate the preconstruction
services of the CM At Risk Contract. Staff sent out an RFP and received a response from
eleven (11) firms and invited the four (4) top firms back for a presentation to the review
committee. He stated before we did the reviews in front of the committee two of the
companies notified staff and said they are withdrawing. Therefore, Mr. Krejcarek stated
Catalfumo Construction Company and The Weitz Company were the only two
companies that came in and did presentations. After the rankings and discussions, the
review committee selected The Weitz Company. Staff requests that the Commission
accept the rankings of the Review Committee and authorize staff to enter into
negotiations with The Weitz Company (top ranked firm) for the preconstruction services
phase of the CM At Risk Contract for construction of the Western/Senior Community
Center.
Prior to the vote, Mr. Levinson asked if staff can provide the detail of the
scoring in the future.
Mrs. Ellis moved to approve the rankings of the Review Committee and
authorize staff to proceed with negotiations with The Weitz Company, 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.F. REOUEST FOR OUALIFICATIONS (RFO)/FIRE STATION #4:
Consider approval of the Review Committee's rankings ofthe Request For Qualifications
(RFQ's) for professional architectural consulting services for the planning and design of a
Fire/Rescue Facility to replace Fire Station #4; and authorize staff to proceed with
contract negotiations with the top ranked firm, Currie-Sowards-Aguila Architects.
Randal Krejcarek, City Engineer, stated this is a request for approval for
staff to negotiate service authorization with the number one firm for the Request For
Qualifications for Design of the Fire Station #4 which is at the northeast corner of
Barwick Road and Lake Ida Road. Nine firms responded and after staff review the
number one firm is Currie-Sowards-Aguila Architects and Digby Bridges Marsh &
Associates, P.A. is number two. He stated this item is a request for staff to negotiate with
Currie-Sowards-Aguila (top ranked firm).
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Mrs. Ellis moved to accept the rankings of the Review Committee and
authorize staff to enter into negotiations with Currie-Sowards-Aguila Architects,
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.
9.G. SPECIAL EVENT REOUEST/ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for August 17,2006 from 6:00 p.m.
to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to N.E.
7th Avenue, S.E. ih Avenue from the north side of Brisca Atlantica property to the north
side of the Brisca Atlantica parking lot entrance, the alley north of Atlantic Avenue
between N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic Avenue to the
alley just north of Atlantic Avenue, and N.E. 2nd Avenue from Atlantic Avenue to the
alley.
Robert A. Barcinski, Acting City Manager, stated this is a request for the
City Commission to endorse Art & Jazz on the Avenue scheduled to be held on
Thursday, August 17, 2006 from 6:00-10:00 p.m., to grant a temporary use permit for
street closure for portions of Atlantic Avenue from Swinton Avenue to N.E./S.E. 7th
Avenue, S.E. ih Avenue from the north side of Brisca Atlantica property to the north side
of the Brisca Atlantica parking lot entrance, the alley north of Atlantic Avenue between
N.E. 2nd Avenue and authorize staff support for security and traffic control, banner
hanging and removal, barricade set up and removal, trash removal and clean up and use
and set up of the small City stage. The estimate of overtime costs for this event is
$8,500.00; cost for barricade rental is estimated at $275.00 and based on the event
agreement, the Downtown Marketing Cooperative is to pay the City 20% for all costs
over $1,000.00.
Mr. Fetzer stated the last time an Art & Jazz on the Avenue event was held
there were concerns from business owners and asked if this issue has been resolved. In
response, Mr. Barcinski stated he talked to Mr. Wheat the other day and has been in
contact with the owner of Sonoma. Mr. Barcinski stated staffwill need to be very careful
where the barricade is placed. Mr. Wheat has indicated he would like to give it another
try and see how it goes. Mr. Barcinski stated that evidently the barricade was put in the
wrong place so there was a problem getting into the Sonoma lot. He stated ifhe receives
negative responses and it does not work out then staff will be back to the Commission.
Mrs. Montague commented about the issue with Cathy Cross regarding
the police barricade. Mr. Barcinski stated the same thing will be done for Ms. Cross.
Mr. Levinson asked if this is 'consistent with the banner policy and Mr.
Barcinski explained that this is consistent with what the Commission decided.
Mr. Fetzer moved to approve the special event request for Art & Jazz on
the Avenue to be held on August 17,2006, seconded by Mrs. Montague. Upon roll call
the Commission voted as follows: Mrs. Montague - Yes; Mayor Perlman - Yes; Mrs.
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Ellis - Yes; Mr. Fetzer - Yes; Mr. Levinson - No. Said motion passed with a 4 to 1 vote,
Mr. Levinson dissenting.
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9.H. PROPOSED PALM BEACH COUNTY BED TAX
INCREASE/PALM BEACH COUNTY LEAGUE OF CITIES. INC.: Provide
direction regarding the proposed Palm Beach Countywide Bed Tax increase from four (4)
cents to five (5) cents to finance the expansion of Convention Center parking and future
expansion of the Center.
Mr. Levinson stated he has not had the time to talk to the primary
hoteliers; however, Ocean Properties is supportive of the garage expansion because it is
part of their project for the hotel convention center.
Mayor Perlman stated there will be a League of Cities meeting tomorrow
(July 26,2006) and noted he has not heard back from anyone regarding where they stand
on this issue.
It was the consensus of the Commission to obtain more information from
the businesses, hospitality and entertainment facility community. Therefore, the City
Commission will take no formal action a\ this time.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10.
PUBLIC HEARINGS:
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10.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISIONIROBOTIC SPACE SAVERS: Consider an appeal of the Site Plan Review
and Appearance Board's denial of the Class V Site Plan, Landscape Plan, and
Architectural Elevations associated with the construction of a 3-story self-storage
building, to be known as Robotic Space Savers, located on the southwest corner of
Military Trail and Conklin Drive. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
(Quasi-Judicial Hearing)
1: ORDINANCE NO. 5-06: Annexation, Small-Scale Future Land
Use Map amendment from County LR-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. (Quasi-
Judicial Hearing)
The caption of Ordinance No. 5-06 is as follows:
- 12-
07/25/06
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED AT THE
SOUTHWEST CORNER OF CONKLIN DRIVE AND
MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
AFFIXING AN OFFICIAL LAND USE
DESIGNATION OF TRANSITIONAL FOR SAID
LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN;
ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO
SPECIAL ACTIVITIES DISTRICT (SAD) DISTRICT;
AND AMENDING SECTION 4.4.25(G), "S.A.D.s",
TO ADD SUBSECTION (9) "ROBOTIC SPACE
SAVERS" TO THE LIST OF APPROVED S.A.D.s;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 5-06 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.
Mrs. Ellis moved to adopt Ordinance No. 5-06 on Second and FINAL
Reading, 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 - Yes. Said motion passed with a 4 to 1 vote, Mr. Levinson dissenting.
to.B. RESOLUTION NO. 50-06: Approve Resolution No. 50-06 establishing
a budget for the Stormwater Utility System, establishing the rates for FY 2007
Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll.
The caption of Resolution No. 50-06 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
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07/25/06
ESTABLISHING A BUDGET FOR THE
STORMW A TER UTILITY SYSTEM; ESTABLISHING
RATES FOR STORMWATER MANAGEMENT
ASSESSMENTS FOR EACH PARCEL WITHIN THE
BENEFITTED AREA, OTHER THAN NON-ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING,
ALL IN ACCORDANCE WITH CHAPTER 56 OF THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, FLORIDA, AND RELEVANT STATUTORY
AUTHORITY; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE
STORMW ATER ASSESSMENT ROLL.
1
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(The official copy of Resolution No. 50-06 is on file at the City Clerk's
Office. )
The City Attorney stated this is a resolution for the stormwater
assessment. The assessment is proposed at the rate of $5.33 per month per Equivalent
Residential Unit (ERU), for a total annual assessment of $63.96 per ERD. This
represents a $0.83 per month per ERU increase over the current year assessment.
Property owners within the Lake Worth Drainage District (LWDD) are given a 25%
discount. A separate 25% discount is given to owners of property served by the private
drainage. The proposed budget for the stormwater utility is incorporated into the
resolution and the rate structure with condominium factors is attached to the resolution as
well as Exhibit "B". If the Commission approves this, they are approving the stormwater
assessment roll.
Mayor Perlman declared the public hearing open.
Walter HU2:hes. 732 Boulevard Chatelaine. Delrav Beach. stated he has
been a resident of Delray Beach since 1978 and commented about taxes in the early to
mid 1980's (i.e. for storm sewage and the other for schools). He stated there was five
cent tax on gasoline for both of these things to last for five years. Mr. Hughes stated we
are now in 2006 and he believes the tax on the gasoline was never lifted. Mr. Hughes
asked if there is a limit to the stormwater assessment tax that the City of Delray Beach is
getting ready to impose now or is it something that is going to last forever.
Mr. Levinson inquired as to whether or not the entire City of Delray Beach
is within the Lake Worth Drainage District. Randal Krejcarek, City Engineer, stated west
of 1-95, part of the northwest area, Atlantic Avenue north to Lake Ida, and the Lake Ida
Lake is actually in the Lake Worth Drainage District and the rest ofthe City is not.
There being no one else from the public who wished to address the
Commission regarding Resolution No. 50-06, the public hearing was closed.
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07/25/06
Mr. Levinson moved to approve Resolution No. 50-06, 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.
to.C. 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. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
The caption of Ordinance No. 39-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, OF
THE CITY OF DELRA Y BEACH, AMENDING
ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING"
AND ORDINANCE 18-06, BY AMENDING SECTION
4.7.4, "DENSITY BONUS PROGRAM FOR THE
SOUTHWEST NEIGHBORHOOD OVERLAY
DISTRICT; THE CARVER ESTATES OVERLAY
DISTRICT AND THE INFILL WORKFORCE HOUSING
AREA; AND SUBSECTION 4.7.4.d. TO PROVIDE THE
SAME NUMBER OF BONUS UNITS FOR "FOR SALE"
AND RENTAL UNITS; BY AMENDING SECTION
4.7.7, "FOR SALE HOUSING UNITS" TO ALLOW A
RIGHT OF ,FIRST REFUSAL TO THE COMMUNITY
LAND TRUST; BY AMENDING SECTION 4.7.9,
"GENERAL PROVISIONS", SUBSECTION 4.7.9.c.v.,
TO PROVIDE THAT PROPORTIONS OF "FOR SALE"
TO "FOR RENT" UNITS FOR PROJECTS INCLUDING
"FOR SALE" AND "FOR RENT" UNITS THAT ARE
FUNDED BY CERTAIN STATE FINANCING
PROGRAMS SHALL NOT NEED TO BE
PROPORTIONAL SO LONG AS TWENTY PERCENT
OF THE "FOR SALE" UNITS ARE FOR WORKFORCE
HOUSING; BY AMENDING SECTION 4.7.11,
"DENSITY BONUS TABLES TO ELIMINATE THE
- 15-
07/25/06
BONUS DIFFERENTIAL BETWEEN "FOR SALE" AND
"FOR RENT" UNITS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
l
(The official copy of Ordinance No. 39-06 is on file at the City Clerk's
Office. )
The City Attorney read the caption ofthe 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 amendment
proposed three new changes; the first would give the same density bonus for "for sale"
units as "rental units". The second change revises Section 4.7.9 to not require similar
proportions of "for sale" and "rental units" within a project when it is funded by state
financing programs and it contains at least 20% "for sale" workforce units. The third
modification adds a provision that the Community Land Trust (CLT) receives rights of
refusal on workforce housing units developed on non-CLT owned lands.
At its meeting of June 19, 2006, the Planning and Zoning Board held a
public hearing in conjunction with the text amendment. The Board voted unanimously 6-
o (Chuck Halberg absent) to recommend approval of the text amendment request to
enhance the City's Workforce Housing Program.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 39-06,
the public hearing was closed.
Mrs. Ellis moved to adopt Ordinance No. 39-06 on Second and FINAL
Reading, 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.
to.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
ANNUAL ACTION PLAN (FY 2006 - 2007): Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the Housing &
Urban Development (HUD) Department of the United States for utilization of grant
funds.
Lula Butler, Director of Community Improvement, stated this is part of the
City's required public hearing on the proposed use of the CDBG dollars adopting the
City's Annual Action Plan for fiscal year 200612007. Based on the requirements from
the Federal Government citizen participation is part of the requirement and to meet that
requirement staff held a hearing before the West Atlantic Avenue Task Team (WATT) on
June 5, 2006 and presented the budget to the Neighborhood Advisory Council (NAC) at
their meeting of June 19, 2006. Mrs. Butler stated attached to the agenda item is a copy
- 16-
07/25/06
of the advertisement that appeared in the Boca/Delray News on June 6, 2006. The Plan
was published at the Delray Beach Library and there are no comments to present to the
Commission. Staff recommends approval of the Annual Action Plan as proposed for
CDBG for fiscal year 2006/2007.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to give testimony on this item, the public hearing was closed.
Mrs. Ellis stated the information is very informative and she enjoyed
reviewing it.
Mayor Perlman stated this is a great narrative.
Mrs. Montague moved to approve the Community Development Block
Grant (CDBG) Annual Action Plan required by Housing and Urban Development (BUD)
to address the needs identified by the target area residents, seconded by Mrs. Ellis. 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.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.
City Mana2:er's response to prior public comments and inquiries.
The Assistant City Manager had no comments or inquires on prior public
comments and inquiries.
11.B. From the Public.
11.8.1. Gladvs Webb-Searcy. 361 Bishop Drive. Delrav Beach. invited the
Commission to attend the Roots Cultural Festival Covenant Gathering that will be held
on July 31,2006 in the City Commission Chambers at 6:30 p.m. to discuss issues from a
public point of view.
Commissioner Ellis stated she will attend.
Mayor Perlman stated he would like the City Clerk to record the meeting
because in the event he is not able to get back from California in time for the meeting he
can listen to a recording.
11.B.2. Woody McDuffie. 2364 S.W. 35th Avenue. Delrav Beach. stated he just
left the Delray Beach Little League Board meeting and expressed thanks from all the
Board members. He stated after three sessions with Kimley-Horn he brought the plans to
the Board and they voted unanimously to approve the site plans for the re-design of
Miller Park. Mr. McDuffie thanked the Commission for their support.
- 17 -
07/25/06
H.B.3. Martin Pierre-Louis. 709 S.W. 9th Street. Delrav Beach. expressed
concern over the stormwater letter he received from the City of Delray Beach.
I
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11.B.4. Merendieu Oberson. 1054 Sunset Avenue. Delrav Beach. expressed
concern over the stormwater letter he received from the City of Delray Beach.
At this point, the Commission moved back to the Item 9.1. of the Regular
Agenda.
9.1. THIS ITEM HAS BEEN MOVED TO THE REGULAR CITY
COMMISSION MEETING OF AUGUST 1.2006.
9.J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2)
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 Levinson (Seat #3),
Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2).
Mr. Levinson stated he spoke with Debbie Kaiser, Chair of the Education
Board, who has indicated that there are a number of other people who have an interest
and she is working on recruiting them.
Mrs. Ellis moved to approve to waive the City Commission rules and
defer all the appointments to the Education Board to be made at the August I, 2006 City
Commission meeting, 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 8:50 p.m., the Commission moved to Item
12, First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 40-06: An ordinance amending Section 37.39,
"Conflict of Interest; Hearing Procedures", of the Code of Ordinances, which provides
for summary adjudication of violations if the alleged violator fails to attend the Code
Enforcement Hearing. Ifpassed, a public hearing will be scheduled for August 15,2006.
The caption of Ordinance No. 40-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 37.39, "CONFLICT OF
INTEREST; HEARING PROCEDURES",
PROVIDING FOR SUMMARY ADJUDICATION OF
VIOLATIONS IF THE ALLEGED VIOLATOR FAILS
TO ATTEND THE CODE ENFORCEMENT
- 18 -
07/25/06
HEARING AND PROVIDING A METHOD FOR
SETTLEMENT; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 40-06 is on file in the City Clerk's
office. )
The City Attorney read the caption of the ordinance.
Terrill Barton, Assistant City Attorney, stated this ordinance is a new
initiative to streamline the Code Enforcement process.
Mr. Levinson moved to approve Ordinance No. 40-06 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.B. O~INANCE NO. 41-06: An ordinance amending Chapter 32,
"Departments, Boards and Commissions", of the Code of Ordinances, Section 32.41,
"Composition; Terms; Appointment", to clarify the composition of members on the Kids
and Cops Committee. Ifpassed, a public hearing will be scheduled for August 15,2006.
The caption of Ordinance No. 41-06 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 32, "DEPARTMENTS,
BOARDS AND COMMISSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH BY
AMENDING SECTION 32.41, "COMPOSITION;
TERMS; APPOINTMENT", TO CLARIFY THE
COMPOSITION OF MEMBERS ON THE KIDS AND
COPS COMMITTEE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
office. )
(The official copy of Ordinance No. 41-06 is on file in the City Clerk's
The City Attorney read the caption of the ordinance. She stated this
ordinance was drafted to allow the City Commission to fill vacancies if they cannot fill
them by any other means and adding Crosspointe Elementary School.
Mr. Fetzer moved to approve Ordinance No. 41-06 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.
- 19-
07/25/06
At this point, the Commission moved to Item 13, Comments and
Inquiries on Non-Agenda Items.
1
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13.
COMMENTS AND INOUIRIES ON NON-AGENDA ITEMS.
13.A.
City Mana2:er
Robert Barcinski, Acting City Manager, had no comments and inquiries
on non-agenda items.
13.B.
City Attornev
The City Attorney stated there was a first ruling in the Rosa Hotel/Vista
Del Mar case and noted the time for reconsideration!clarification is up tomorrow. She
stated staff would like to go ahead with a motion of clarification and rehearing because
she believes the Court did not take into account the City of Delray has quasi-judicial rules
adopted by the City Commission that set forth the entire hearing process.
13.C.
City Commission
13.C.1.
Mr. Fetzer
Mr. Fetzer had no comments or inquiries on non-agenda items.
13.C.2.
Mrs. Ellis
Mrs. Ellis had no comments or inquiries on non-agenda items.
13.C.3.
Mrs. Monta2ue
Mrs. Montague suggested that Roots provide the Commission with an
updated schedule.
13.C.4.
Mr. Levinson
Mr. Levinson commented about the Housing Leadership Luncheon and
stated the Housing Leadership Council is looking for support. He suggested that the City
of Delray Beach provide support through the Chamber of Commerce because Delray
Beach is in a leadership position for the County. He stated he will provide a copy of the
report to the City Clerk and noted it was done by FlU.
13.C.5.
Mavor Perlman
Mayor Perlman stated yesterday he had the opportunity to go with Debbie
Kaiser and Janet Meeks to the Summer Camp wrap-up at Pompey Park. He commented
about the reading initiative and stated the children had academic enrichment all summer
- 20-
07/25/06
long. Mayor Perlman stated the provider "New Dimensions" taught the children math,
reading, and English with songs and dancing so they had fun while they learned. Linda
Hunter, Librarian, distributed additional books to the children to take home.
Secondly, he stated last year after Hurricane Wilma the City of Delray
Beach had a problem with the Arbors Office Complex where S&H Solutions relocated
and the property owner came to the City Commission with repairs and was in danger of
losing some of the tenants. Mayor Perlman stated the City Commission got together with
Lula Butler, Director of Community Improvement, and her staff, to prioritize getting this
office complex and the companies back in business. Mayor Perlman stated he received a
letter from the owner of the building that was very complimentary of City staff for
getting them back in business and they have also welcomed two new tenants (Progressive
Insurance, Construction Services, as well as American Home Mortgage).
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:21 p.m.
~~.~~
City Clerk
ATTEST:
8~lb.
OR "-
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 July 25, 2006 which Minutes were formally approved and adopted by the City
Commission on August 15, 2006
~ ~. ~~A ~.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.
- 21 -
07/25/06
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ENVIRONMENTAL SERVICES DEPARTMENT,
Appellant(s),
vs.
CITY OF DELRA Y BEACH,
Appellee.
/
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This appeal of the placement of a condition on an approved site plan has
come before the City Commission on July 25,2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the condition to
provide a curvilinear retention area. All of the evidence is part of the record in this case.
Required findings are made in accordance with Subsections I and II.
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
Is the removal of Condition No. 5 to provide a curvilinear retention area
consistent with and furthers the policies and objectives of the Comprehensive
Plan?
Yes 5
No
o
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
Is the removal of the Condition No. 5 to provide for a curvilinear retention
area from the approved site plan consistent with Section 2.4.5(F)(5), Section
4.6.18(E) and Chapter 3 of the Land Development Regulations?
Yes
5
No
o
rft-fVl q A.
3.
The City Commission has applied the Comprehensive Plan and LOR
"1
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requirements in existence at the time the original site plan was submitted.
4. 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.
5. Based on the entire record before it, the City Commission approves ~
denies _ the appeal removing Condition No. 5 as contained in the Staff Report and
hereby adopts this Order this 25th day of July, 2006, by a vote of 5
in favor and
o
opposed.
(~~O- ~QQ~
Rita Ills, Vice Mayor
ATTEST:
~ ~. ~\~~
Chevelle Nubin
City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
WAIVER REQUESTS FOR TROPIC CAY TOWN HOMES
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on July 25,
2006.
2. The . Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver requests for the development
known as Tropic Cay Town Homes. All of the evidence is a part of the record in this
case. Required findings are made in accordance with Subsection I.
I. WAIVER:
Pursuant to lOR Section 6.1.3(A), a five foot (5') wide sidewalk is required along both
sides of the proposed interior street. The applicant has requested that a partial waiver
be granted to this requirement that would require sidewalk construction along only the
east side of Frederick Blvd.
Pursuant to lOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
. Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 5
No 0
OR
Pursuant to lOR Section 6.1.3 (0)(1 )(b), where it is clear that the sidewalk system will
not serve its intended purpose, the requirement for sidewalks on both sides of the street
may be reduced to installation of a sidewalk only along one side of the street.
Does the waiver request meet all the requirements of 6.1.3(0)( 1 )(b)?
Yes 5
No 0
1
I1-cm q.(5.
3. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original development application was
1
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submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. 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.
5. Based on the entire record before it, the City Commission approves X
denies _ the waiver request to LDR Section 6.1.3(A) for the west side of the road.
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 25th day of July, 2006, by a vote of 5
in favor and
o
opposed.
~Sh~
Rita Ellis, Vice Mayor
ATTEST:
~S).~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
WAIVER REQUEST FOR BANK OF AMERICA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. These waiver requests have come before the City Commission on July 25,
2006.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Bank of America.
All of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsection I.
I. WAIVER:
LOR Section 4.6.7(F)(7) provides for one wall sign per business along with the
requirement that the sign must face a dedicated street. The Applicant has requested a
waiver from this requirement.
Pursuant to LOR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
shall make a finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and,
(d) Does not result in the grant of a special privilege in that the same waiver would
be granted under similar circumstances on other property for another applicant or
owner.
Does the waiver request meet all the requirements of 2.4.7(B)(5)?
Yes 5
No ,0
3. The City Commission has applied the Comprehensive Plan and LOR
requirements in existence at the time the original development application was
submitted and finds that its determinations set forth in this Order are consistent with the
Comprehensive Plan.
4. The City Commission finds there is ample and competent substantial
evidence to support its findings in the record submitted and adopts the facts contained
1
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in the record including but not limited to the staff reports, testimony of experts and other
competent witnesses supporting these findings.
5. Based on the entire record before it, the City Commission approves ~
]
denies _ the waiver request to LDR Section 4.6.7(F)(7).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 25th day of July, 2006, by a vote of
5 in favor and
o
opposed.
~is~gQ~YOr
A TIEST:
~\:J.~~
Chevelle Nubin, City Clerk
2
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRA Y BEACH, FLORIDA
ROBOTIC SPACE SAVERS,
Appellant( s),
vs.
CITY OF DELRAY BEACH,
Appellee.
/
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRA Y BEACH, FLORIDA
1. This appeal of a site plan denial has come before the City Commission on
July 25, 2006.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the Class V Site Plan
for Robotic Space Savers. All of the evidence is part ofthe record in this case.
3. The Findings required are made in accordance with Subsections I and "
and are made based on the following included conditions as well as the additional
conditions made in the Staff Report. The additional conditions are: The hours of
operation are limited to 7 a.m. to 7 p.m. The height of the building shall not exceed 48
feet except for the area where there is an A-frame protrusion in which area the height
shall not exceed an additional two feet for a total of 50 feet in height. The landscaping
on the rear and the sides shall be increased to provide a lush visual buffer from Conklin
Drive, the property to the rear and the adjacent property to the north. The City
Horticulturist has been delegated the authority to approve the landscaping, with the
acquiescence of the Appellant. The landscaping requirements shall be as approved by
the City Morticulturist in her sole and absolute discretion in order to provide a lush visual
buffer.
.L+-CM I Q. A ,
I.
COMPREHENSIVE PLAN:
REQUIREMENTS MET?
ARE THE COMPREHENSIVE PLAN
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'i
j
a. Comprehensive Plan - Future land Use Element Obiective A-2: This
objective requires the reduction and eventual elimination of uses which are inconsistent
with the character of the City of Delray Beach, or which are inconsistent with
predominant adjacent land uses.
Is this objective met?
Yes 4 No 1
b. Future land Use Map: The resulting use of land or structures must be
allowed in the zoning district within which the land is situated and said zoning must be
consistent with the applicable land use designation as shown on the Future Land Use
Map. The subject property is to be zoned Special Activities District (SAD).
Future land Use - Is project's proposed location consistent with the
Future Land Use Map?
Yes 4
No 1
c. Future Land Use Element Policy A-2.3: Development of remaining
vacant properties shall occur in a manner which is consistent with and
complementary to adjacent development regardless of zoning
designations.
Is this project complementary to adjacent uses?
Yes 4
No
1
II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS
MET?
a. Consistency (Standards for Site Plan Actions}: Compliance with
performance standards set forth in Chapter 3 and required findings in Section
2.4.5(F)(5) shall be the basis upon which a finding of overall consistency is to be made.
i. Is the building design, landscaping, and lighting (glare) such
that they create unwarranted distractions or blockage of
visibility as it pertains to traffic circulation?
Yes 5
No 0
2
ii. Vacant pro'perty shall be developed in a manner so that the
future use and intensity are appropriate in terms of soil, topographic,
and other applicable physical considerations; complementary to
adjacent land uses; and fulfills remaining land use needs.
Is this requirement met?
Yes
4
No
1
iii. The City shall consider the effect that the proposal will have
on the stability of nearby neighborhoods, Factors such as
noise, odors, dust, traffic volumes and circulation patterns
shall be reviewed in terms of their potential to negatively
impact the safety, habitability and stability of residential areas.
If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be
modified accordingly or denied.
Will this project adversely affect the stability of nearby
residential neighborhoods?
Yes 1
No 4
b. Section 3.1.1 CD}, Compliance with the Land Development
ReQulations: Section 3.1.1 (0) requires that items identified in the LORs shall
specifically be addressed by the body taking final action on the site and development
application/request. These areas include building setbacks, height, space, parking, and
site lighting. Sub items Il.b.i through Il.b.vii may be applied pursuant to LOR Section
4.4.35(F). All other LOR sections listed below shall be applied.
Should subsections Il.b.i through Il.b.vii be applied as listed
below?
Yes
1
No
4
i. LOR Chapter 4.3.3 Special Reauirements for Specific Uses:
Self-Service StoraQe Facilities:
Regardless of the zoning category, the following special
requirements for self storage facilities identified in LOR Section
4.3.3 must be met. These include: (N/A)
ii. LOR Section 4.3.3CA}C1}, Lot Area:
Pursuant to LOR Section 4.3.3(A)(1), the minimum lot area is two
(2) acres, and the maximum lot area is five (5) acres.
3
Is this requirement met?
Yes No
(N/A)
"1
iii. LOR Section 4.3.3(A)(2)(al. Outdoor Bav:
Pursuant to LOR Section 4.3.3(A)(2)(a), any self-service storaQe
facility which has outdoor bay-type access to storage units must be
designed in such a way that creates a compound-like structure with
a defined masonry perimeter. In addition, the facility should be
designed in such a way to minimize or eliminate sight lines of any
bay doors from the adjacent rights-of-way.
Is this requirement met?
Yes
No
(N/A)
iv. LOR Section 4.3.3{A){2)(b), . Facilitie's and Reauirements:
Pursuant to LOR Section 4.3.3(A)(2)(b), no building shall exceed
fifteen feet (15') in height. The building height depicted on the
elevation indicates a height of 48' when measured to the roof deck.
Is this requirement met?
i
~
~
.
J
Yes
No
(N/A)
v. LOR Section 4.3.3{A){2){c), Parkina:
Special regulations of LOR Section 4.3.3(A)(2)(c), Self-Service
Storage Facilities (SSSF), parking would be required at a rate of
one (1) space per 5,000 sq. ft. of building floor area devoted to self-
storage and accessory management/administration uses. Based on
the site plan with a total of 52,596 sq. ft. of storage and office
space, this equates to a total of eleven (11) parking spaces and
fourteen (14) parking spaces are being provided.
Is this requirement met?
Yes
No
(N/A)
vi. LOR Section 4.3.3{A){4), On-Site Manaaer Required:
All self-service storage facilities are required to have, and
continuously maintain, an on-site manager, and provide on-site
living quarters for such facilities.
4
Is this requirement met?
Yes
No
(N/A) .
vii. LOR Section 4.3.3(A)f~, Hours of Operation:
Self-service storage facilities customers may not access individual
storage units before 5:00 a.m. or any later than 9:00 p.m. Hours of
operation may be further restricted when it is deemed that morning
and evening traffic into and out of the facility may negatively impact
the character of an adjacent residential area. In no circumstances
shall customers of any SSSF have 24 hour access to their storage
unit(s ).
Is this requirement met?
Yes
No
(N/A)
viii. LOR Section 4.6.4(B)(1), Special District Boundary Treatment:
Industrial Zoning Adiacent to Residential Zonina:
Pursuant to LDR Section 4.6.4(8)(1), where the rear or side of
industrially-zoned property directly abuts residentially-zoned
property without any division or separator between them, (such as
a street, alley, railroad, waterway, park, or other pUblic open
space), the industrially zoned property shall provide a 60-foot
building setback from the property line located adjacent to the
residentially-zoned property.
Does this section apply to this SAD use?
Yes
1
No
4
ix. Perimeter Setbacks for SADs:
Pursuant to Section 4.4.25(D)(1), a minimum setback of 15 feet
(15') shall be established around the perimeter of any property
developed under the SAD designation. Within the front and any
side street setback, the 15 foot (15') setback shall be landscaped
and no pavement shall be allowed therein except for pedestrian
ways and driveways which provide access to the property and
which are generally perpendicular to the abutting street. The
proposed building provides a 75' - 10" front, 20' side street (north),
15' side interior (south), and 25'-2" rear setback.
Are the setbacks met?
Yes
5
No
o
5
x.
Special. Landscape Setback:
Pursuant to 4.3.4(4)(6)(b)(6), along Military Trail, from the L-38
Canal northward to the L-30 Canal, a special landscape area shall
be provided. This landscape area shall be the smaller distance of
either 30' or 10% of the average depth of the property; however, in
no case shall the landscape area be less than ten feet (10'). The
proposed development provides a thirty foot (30') landscape
setback along Military Trail.
l
t
Is the special landscape setback met?
Yes
5
No
o
xi. Liahtina:
Pursuant to LOR Section 4.6.8, site lighting, limited to a maximum
of twenty-five feet (25'), must be provided on-site and be consistent
with the illumination level requirements included in this section.
Further, cutoff luminaries or fixtures provided with cut-off shielding
shall be used around the perimeter of facility in order to limit glare
and light spillage onto adjacent properties.
Are the lighting requirements met?
Yes
5
No
o
xii. LOR Section 4.3.4 Base District Development Standards:
Pursuant to LOR Section 4.3.4(K), within SAD zone district, a
minimum of 25% open space is required.
Is the open space requirement met?
Yes
5
No
o
xiii. LOR Section 6.1.8 Underaroundina of Utilities:
Pursuant 'to Section 6.1.8, utility facilities serving the development
shall be located underground throughout the development.
Is this requirement met?
Yes
5
No
o
4. The City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the original site plan was submitted.
6
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. The City Commission finds that based on all the criteria that the site plan
is consistent with the goals, policies and objectives of the Comprehensive Plan.
Yes
4
No
1
7. Based on the entire record before it, the City Commission approves X
denies _ the appeal subject to conditions listed in Paragraph 3 of this Order and the
remaining conditions set forth in the Staff Report. The City Commission hereby adopts
this Order this 25th day of July, 2006, by a vote of
4
1
opposed.
~~~ S). ~)
Chevelle Nubin
City Clerk
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