08-01-2006 Agenda Results
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESULTS***
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RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Dekay Beach City Hall
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
and the right to limit discussion rests with the Commission. Generally, remarks
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.
Tuesday. August 1, 2006
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
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
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
The City will furnish auxiliary aids and services to afford an individual with a
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,
24 hours prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
1. ROLL CALL. (Commissioner Montague absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted the addition of Item 9.1, Palm Beach County Caucus of
Black Elected Officials/Black Tie Gala and Item 9.), Florida Cities of Excellence Awards Program,
added to the Regular Agenda by addendum; Additional Information for Item 9.B, Appeal of SPRAB
Oecision/Seagate Beach Club; Additional Information for Item 9.D, Lease Agreement/GTP
Acquisition Partners II, LLC and additional information for Item 10.A, Ordinance No. 38-06; Approved
as amended, 4-0)
5. APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
A. NONE
7. PRESENTATIONS:
A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
action of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of July 20, 2006.
B. ACCEPTANCE OF RIGHT-OF-WAY DEED/SLOAN HAMMOCK
PROJECT: Approve and accept a right-of-way deed associated with the Sloan
Hammock Project, located along the east side of the property and adjacent to S.E. 7th
Avenue.
C. ACCEPTANCE OF RIGHT-OF-WAY DEED/SW 14TH AVENUE
TOWNHOMES PROJECT: Approve and accept a right-of-way deed associated
with the SW 14th Avenue Townhomes Project, located along the east side of the
property and adjacent to the alley.
D. ACCEPTANCE OF RIGHT-OF-WAY DEED/LAFRANCE HOTEL
PROJECT: Approve and accept a right-of-way deed associated with the LaFrance
Hotel Project, located along the west side of the property and adjacent to the alley.
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E. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP) GRANTS/BEXLEY TRAIL COMMUNITY AND EAGLE PARKS:
Authorization to apply for grants from the Florida Recreation Development Assistance
Program (FRDAP) in the amount of $200,000.00 for Bexley Trail Community Park and
in the amount of $200,000.00 for Eagle Park for the development of both parks.
F. CLOSEOUT/CHANGE ORDER NO. 3/FINAL PAYMENT/RANGER
CONSTRUCTION INDUSTRIES. INC.: Approve Change Order No. 3 in the
amount of $2,500.00 and final payment in the amount of $70,143.41 to Ranger
Construction Industries, Inc. for the completed 2005 Street Resurfacing Project.
Funding is available from 334-3162-541-61.17 (General Construction Fund/Street
Reconstruction).
G. CHANGE ORDER NO. 2/CHAZ EQUIPMENT, INC.: Approve Change Order
No.2 in the amount of $47,750.00 to Chaz Equipment, Inc. for the emergency repair of
a 10" sanitary sewer main at Lift Station #84 in the High Point Subdivision. Funding is
available from 442-5178-536-63.51 (Water/Sewer Renewal and Replacement
Fund/Sewer Mains).
H. CORRECTION/ HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Approve a correction to the Housing Rehabilitation Grant/Contract Award
which was incorrectly listed (typo) on the May 2, 2006 Commission Agenda as being
available in the State Housing Initiatives Partnership (SHIP) Program instead of the
Community Development Block Grant (CDBG) Program. The account number 118-
1963-554-49.19 was correct.
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 24,2006 through July 28,2006.
J. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Duraclean, Inc. in the amount of $50,281.00 for water
damage and microbial remediation at the north wing of City Hall and the
Municipal Golf Course Clubhouse. Funding is available from 551-1575-591-
45.50 (Insurance/Property Claims).
2. Bid award to Boyd S. Boggess in the amount of $16,840.00 for the replacement
of all 4 x 12 beams on the arbor at Veterans Park. Funding is available from
001-4131-572-63.40 (General Fund/Recreational Improvements).
K. AMENDMENT NO. l/TRI-PARTY OPERATING
AGREEMENT /MIRACLE LEAGUE FIELD: Approve Amendment No.1 to the
Tri-Party Operating Agreement between the City, Miracle League of Delray Beach, Inc.
and Anthony V. Pugliese, III, regarding the insurance requirements for the Miracle
League Field at Miller Park.
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9. REGULAR AGENDA:
A. CONDITIONAL USE REOUEST /SEAGATE BEACH CLUB: Consider a
request to allow the partial 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 approve board order as set forth;
Approved 4-0).
B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SEAGATE BEACH CLUB: Consider an appeal of the Site Plan
Review and Appearance Board's decision regarding the Seagate Beach Club, located on
the east side of Ocean Boulevard, south of Casuarina Road. (Quasi-Judicial Hearing)
(Motion to approve board order as set forth; Approved 4-0).
C. REQUEST FOR VALET QUEUE/SAKI ROOM: Consider a request from the
Saki Room to establish a valet parking queue to be located on the 400 Block of West
Atlantic Avenue. (Approved, 3-0)
D. LEASE AGREEMENT /GTP ACQUISITION PARTNERS II, LLC: Consider
approval of a Lease Agreement between the City and GTP Acquisition Partners II,
LLC, which provides that the City shall lease an 80' x 80' square parcel to GTP allowing
them to place a communications tower on the parcel, located near the City's
maintenance shed at the municipal golf course. (Approved, 4-0)
E. RESOLUTION NO. 52-06: Consider approval of Resolution No. 52-06 authorizing
the execution of an interlocal agreement with the City of Boca Raton regarding the
coordinated opposition to Palm Beach County's funding of county-wide Fire-Rescue
and dispatch services. (Approved, 4-0)
F. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for
FY 2007, and set the budget review and adoption schedule. (Motion to set 7.3 millage
rate; Approved, 4-0)
G. PUBLIC COMMENTS/FY 2007 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2007 Proposed Budget at this time.
H. 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). (Appointed Gerald
Croscilla and approved, 4-0; Appointed Ned Rosen and approved, 4-0 and appointed Jordan
Coyne as student member and approved, 4-0)
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I. PALM BEACH COUNTY CAUCUS OF BLACK ELECTED
OFFICIALS/BLACK TIE GALA: Provide direction regarding supporting the Palm
Beach County Caucus of Black Elected Officials Black Tie Gala to be held on August
25, 2006. (ADDENDUM) (Motion to purchase a half page ad and two tickets; Approved,
4-0)
J. FLORIDA CITIES OF EXCELLENCE AWARDS PROGRAM: Provide
direction regarding nominations for the Florida Cities of Excellence Awards Program.
(ADDENDUM) (Consensus of the Commission for staff to bring back item on August 15,
2006)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 38-06 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2006-1): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2006-1 and associated
Future Land Use Map (FLUM) amendments, and authorize transmittal to the State
Department of Community Affairs. Amendment 2006-1 includes: (Motion to approve
subject to changes; Approved, 3-1; Commissioner Levinson dissenting)
1. Text Amendments:
a. Future Land Use Element - Modification of Mixed Use Categories to add
a description for the new "Congress Avenue Mixed Use" designation,
including provisions for maximum densities and intensities, workforce
housing and a transit-oriented development overlay near the tri-rail
station; and to delete to description for the "Redevelopment Areas"
designation.
b. Future Land Use Element - Amendment of Table L-7, Land Use
Designation/Zoning Matrix, to accommodate the new Congress Avenue
Mixed Use Designation.
c. Future Land Use Element - Modification of Policy A-7.2 to include the
provision of workforce housing in the Congress Avenue Mixed Use
designation and to support a privately initiated text amendment to allow
residential development within workforce housing overlay districts in the
CMR (Commerce) FLUM designation.
d. Future Land Use Element - Modification of Policy A-7.4 to increase the
time period for which workforce housing units, constructed under the
Family/Workforce Housing Program, shall remain affordable from 30-40
years.
e. Future Land Use Element - Modification of Policy A-2.4 to reflect
elimination of the potential for automobile dealerships between NE 5th
Street and George Bush Boulevard. This text amendment is privately
initiated in concert with the privately initiated O.c. Taylor Dealership
Future Land Use Map Amendment.
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f. Future Land Use Element - Modification of the description of the
Commerce FLUM designation to include provisions for residential
development within a designated overlay district, subject to provision of
workforce housing. Ibis text amendment is privately initiated in concert
with the Depot Road property Future Land Use Map Amendment.
2. Future Land Use Map Amendments:
. City and Privately Initiated Future Land Use Map amendment from GC
(General Commercial) to CC (Commercial Core) for the north Federal
Highway Area including 700 and 707 NE 6th Avenue (former O.c. Taylor
Dealership) with a combined total of 23.2 acres, located between NE 4th
Street and George Bush Boulevard and extending from the FEC Railroad to
approximately % block east ofNE 6th Avenue.
. City Initiated Future Land Use Map amendment from TRN (Transitional) in
part, CMR (Commerce) in part, CF (Community Facilities) in part and GC
(General Commercial) in part to CMU (Congress Avenue Mixed Use) for
225.5 acres, generally located south of West Atlantic Avenue to the L-38
Canal, between Congress Avenue and the CSX Railway and including the
Congress Park, Congress Park South and Office Depot developments
located on the west side of Congress Avenue.
. City Initiated Future Land Use Map amendment from County MR-5
(Medium Density Residential 5 units per acre) to City MD (Medium Density
Residential 5-12 du/ac), for an area comprising 3.18 acres, located on the
west side of Barwick Road, north of the L-31 Canal, adjacent to the Bexley
Park Subdivision.
. Privately Initiated Future Land Use Map amendment from IND (Industrial)
to CMR (Commerce) for the Depot Road property comprising 8.8 acres,
located north of West Atlantic Avenue between Depot Road and the CSX
Railroad.
B. EAR TRANSMITTAL: Consider approval of the transmittal of the Evaluation and
Appraisal Report (EAR). (Approved, 4-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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12. FIRST READINGS:
A. ORDINANCE NO. 42-06: Amendment to Land Development Regulations (LDR)
Section 4.6.9(E)(3), "Location of Parking Spaces", relating to increases in the in-lieu
parking fees. If passed, a public hearing will be scheduled for August 15, 2006.
(Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 28,2006
*** Meeting adjourned at 10:17 PM ***
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