12-05-06 Agenda Results Reg
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
Delray 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. December 5. 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
Delray 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. ROLLCALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Item 8.H, Amendment No. l/Sound Investments By].W.
Inc./Pro DVD Makers, was moved to Item 9.A.1 under the Regular Agenda; Revised Agreement for
Item 8.P, Subordination Agreement/Orion Bank; Item 9.C, FY 2007 Performance Measures/Golf
Courses and Tennis Facilities, was pulled from the agenda; Revised Agreement for Item 9.D, Housing
Assistance and Development Agreement and Item 9.D, was moved to Item 9.B; Revised Ordinance for
Item 10.A, Ordinance No. 59-06; Revised Ordinance for Item 1O.B, Ordinance No. 33-06; and Item
10.K, Ordinance No. 76-06, was postponed to the December 12, 2006 Commission Meeting; Approved
as amended, 5-0)
5. APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
A. NONE
7. PRESENTATIONS:
A. City of Delray Beach Student Residents' Academy Certificates - Lula Bulter
8. CONSENT AGENDA: City Manager Recommends Approval.. (Approved as amended, 5-0)
A. ACCEPTANCE OF EASEMENT DEED/STORAGE PARTNERS OF
DELRAY. LLC: Approve and accept an easement deed between the City and Storage
Partners of Delray, LLC, providing a 12 foot water line easement to be constructed for
the Delray Beach Extra Closet Project, located at 14216 Military Trail.
B. ACCEPTANCE OF EASEMENT DEED/GRAYHAWK DEVELOPMENT
CORP: Approve and accept an easement deed between the City and GrayHawk
Development Corp, providing a sewer main easement adjacent to Whadey Road in the
Country Club Acres subdivision.
C. LEE'S CROSSING HOMEOWNERS ASSOCIATION. INC.lTRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
the Lee's Crossing - Delray Beach Homeowners Association, Inc. allowing the Delray
Beach Police Department to enforce local and state traffic laws on its property.
D. RESOLUTION NO. 72-06: Approve Resolution No. 72-06 supporting the proposed
Fine Arts Program at Plumosa Elementary School.
12-05-2006
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E. CHANGE ORDER NO. 1(CONTRACT ADDITION)/ASPHALT
CONSULTANTS. INC.: Approve Change Order No.1 (Contract Addition) in the
amount of $21,800.00 to Asphalt Consultants, Inc. for additional work required due to
design changes, and a contract extension of twenty-eight (28) days for the Country Club
Acres Infrastructure Improvements Project. Funding is available from 441-5161-536-
65.86 (Water/Sewer Fund/Other Improvements/Country Club Acres).
F. LEASE AGREEMENT /M SPACE HOLDINGS, LLC: Approve a lease
agreement in the amount of $75,870.00 with M Space Holdings, lLC for a triple-wide
modular facility as a temporary facility for Fire Station No.4 for eighteen (18) months.
Funding is available from 001-2311-522-44.20 (General Fund/Building).
G. LEASE AGREEMENT /REGIONS FINANCIAL CORPORATION: Approve a
Master Lease Purchase Agreement in the amount of $131,420.00 with Regions Financial
Corporation financing eighty-two (82) club carts at a rate of 3.77% for a forty-eight (48)
month term and authorize the execution of the documents. Funding is available from
001-7111-519-71.50 (General Fund/Lease Purchase-Principal) and 001-7111-519-72.50
(General Fund/Lease Purchase-Interest).
H. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA).
1. SPECIAL EVENT REOUEST /HOWARD ALAN 18th ANNUAL
DOWNTOWN ART FESTIVAL: Approve a special event request for the 18th
Annual Downtown Art Festival sponsored by Howard Alan Events, Ltd. to be held on
January 20 and 21, 2007 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit
per LDR Section 2.4.6(F) for street closure of Adantic Avenue, east of side of
N.E./S.E. 6th Avenue east to Salina and Veterans Park lot for vendor parking; authorize
staff to apply for the FDOT street closure permit; authorize staff support for security
and traffic control, barricading, and permit an event sign to be erected on Adantic
Avenue just east of 1-95 ten (to) days prior to the event with the sponsor paying all
overtime costs.
J. ACCOUNT FUNDING CHANGE/HOUSING REHABILITATION
GRANT /CONTRACT AWARD: Approve an account funding change from
Community Development Fund/Housing Rehabilitation (118-1963-554-49.19) to the
State Housing Initiatives Partnership (SHIP) /Housing Rehabilitation (118-1924-554-
49.19) for one (1) housing rehabilitation deferred payment loan (609 S.W. 8th Avenue) in
the amount of $34,125.00.
K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract award through the Community Development
Division in the amount of $33,589.50 to South Florida Construction Services, Inc. (102
S.W. 8th Avenue). Funding is available from 118-1963-554-49.19 (Community
Development Fund/Housing Rehabilitation).
12-05-2006
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L. AMENDMENT TO LEASE AGREEMENT /NEW CINGULAR WIRELESS
PCS, LLC: Approve an Amendment to the lease agreement with Cingular Wireless,
PCS, LLC on the City's elevated water storage tank, providing that Cingular will pay the
City $17,500.00 for twelve (12) months from December 1,2006 to November 30, 2007
and providing that if Cingular is able to transfer the lease to another entity the City's
approval of such transfer shall not be unreasonably withheld.
M. AMENDMENT TO LEASE AGREEMENT/NEW CINGULAR WIRELESS
PCS. LLC: Approve an Amendment to the lease agreement with Cingular Wireless,
PCS, LLC on the Police Department radio tower, providing that Cingular will pay the
City a monthly rental fee of $1,700.00 with a 2% annual increase in the rental fee,
guarantee the rental payment to the City between February 1, 2007 through January 31,
2009 regardless of whether they are using the site or terminate the agreement, pay a fee
equal to twelve (12) rental payments, if they decide to terminate the agreement; and the
City may notify Cingular prior to the expiration of the five (5) year term of its intent not
to renew the Agreement for the use of the Police Tower.
N. ADDENDUM/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/DELRAY BEACH COMMUNITY LAND TRUST. INC.:
Consider approval of an addendum to the Contract for Sale and Purchase of Property
with the Delray Beach Community Land Trust, Inc. extending the closing date from
November 30, 2006 to December 8, 2006, for three (3) properties located at 802 S.W.
3rd Street, 1012 N.E. 3rd Avenue and 119 S.W. 9th Avenue.
O. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL
REPORT (CAPER): Approve the Community Development Block Grant (CDBG)
Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2005-2006 as
required by the U.S. Department of Housing and Urban Development.
P. SUBORDINATION AGREEMENT/ORION BANK: Authorize and approve a
subordination agreement between the City and Orion Bank in the amount of
$1,200,000.00 for a further advance regarding incurred costs for the Master Planned
Development of The Villages at Delray encompassing the current Auburn Trace
Apartment Community and the redevelopment of the adjoining former Carver Estate
Community Project.
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
November 20, 2006 through December 1,2006.
R. RESOLUTION NO. 73-06: Approve Resolution No. 73-06 supporting Municipal
Home Rule.
12-05-2006
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S. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to DTC Communications, Inc. in the amount of $22,641.89 via
the GSA Contract #GS-03F-00I0M for replacement of equipment for the
Police Department's Vice, Intelligence & Narcotics Section. Funding is
available from 115-2112-521-64.90 (Machinery Equipment/Other
Machinery/Equipment).
2. Bid award to ].c. White in the amount of $18,375.56 under State Contract
#425-001-06-1 for portable partitions to be used in the Community Center
Gym for the International Tennis Championships and other events. Funding is
available from 001-4210-575-63.90 (General Fund/Other Improvements).
9. REGULAR AGENDA:
A. 1. AMENDMENT NO. 1/S0UND INVESTMENTS BY l.W. INC.lPRO Dvn
MAKERS: Approve Amendment No. 1 to the agreement between the City and Sound
Investments by].W., Inc. d/b/a Pro Dvn Makers in the amount of $6,700.00 per year
for three (3) years, to maintain and upgrade our virtual tour on the City's web page.
Funding is available from 001-4111-572-46.90 (General Fund/Other
Repair/Maintenance Costs). (Motion to postpone until the December 12, 2006 Commission
Meeting; Approved, 5-0)
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/711
NORTH SWINTON AVENUE: Appeal of the Historic Preservation Board's
decision regarding partial demolition and new construction at 711 North Swinton
Avenue, located in the Del-Ida Park historic District. (Quasi-Judicial Hearing)
(Commission approved Appeal overturning the Historic Preservation Board's decision and
adopted Board Order as set forth; Approved, 3-2. Commissioner Levinson and Commissioner
Montague dissenting)
B. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT: Consider
approval of the Housing Assistance and Development Agreement between Midtown
Delray, LLC and the City of Delray Beach, Delray Beach Community Land Trust, Inc.,
and the Delray Beach Chamber of Commerce for the development of workforce
housing. (Approved, 5-0)
C. BONUS PAYMENT TO lCD SPORTS GROUP, INC: Consider approval of FY
2005 - 2006 bonus payment to ]CD Sports Group for both golf operations in the
amount of $11,725.50 and for Tennis Center operations in the amount of $5,602.50.
Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course
Fund/Other Professional Services), 446-4711-572-34.90 (Lakeview Golf Course/Other
Professional Services), 001-4215-575-34.90 (General Fund/Tennis Operations/Tennis
Center/Other Contractual Services) and 001-4210-575-34.90 (General Fund/Tennis
Operations/ Stadium). (Motion to approve per staff recommendations; Approved, 5-0)
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D. FY 2007 PEFORMANCE MEASURES/GOLF COURSES AND TENNIS
FACILITIES: Consider approval of proposed performance measures for FY 2007 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. (PULLED)
E. FLORIDA INLAND NAVIGATIONAL DISTRICT (F.I.N.D) PARK
NAMING: Provide direction regarding naming the Florida Inland Navigational
District (F.I.N.D) Intracoastal Park. (Motion to approve the name of "Mangrove Park";
Approved, 5-0)
F. LEGISLATIVE AGENDA: Provide direction regarding local legislative issues for
2007. (Commission provided direction to staff regarding the local legislative issues for 2007)
G. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA)
CHAIRMAN/VICE-CHAIRMAN: Appoint a Chairman and Vice-Chairman to the
Community Redevelopment Agency Board. (Appointed Frank Wheat as Chairman and
approved, 4-0; appointed Howard Lewis as Vice Chairman and approved, 4-0; Mayor Perlman
fued Conflict of Interest, passed the gavel to Vice Mayor Ellis and left dais)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-06: Privately sponsored Future Land Use Map amendment
(small-scale) from CF (Community Facilities) to LD (Low Density Residential 0-5
du/ac) for a 9.00 acre portion of the Christ the King Monastery of St. Clare and
rezoning from CF (Community Facilities) to R-l-AA (Single Family Residential).
(Quasi-Judicial Hearing) (Motion to approve the amended Ordinance No. 59-06 with
Exhibit "A" on First Reading; Approved, 5-0)
B. ORDINANCE NO. 33-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendments to the Land Development Regulations (LDR)
establishing a new mixed-use zoning district Section 4.4.29 "MROC (Mixed Residential,
Office and Commercial) District", establishing minimum development standards
through modification of Section 4.3.4(K) "Development Standards Matrix"; and
modification of Section 4.6.9(C)(8)(a) "Shared Parking", which will allow the shared
parking option for the new zoning district. (Approved, 5-0)
C. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) to MIC
(Mixed Industrial and Commercial) for an 8.8 acres property located along Depot Road,
north of the Old Train Station, between the CSX Railroad and 1-95. (Quasi-Judicial
Hearing) This ordinance to be continued to a date certain of January 16, 2007.
(1-1otion to continue to January 16,2007 Commission Meeting; Approved, 5-0)
D. ORDINANCE NO. 70-06: City initiated annexation and rezoning from County AR
(Agricultural Residential) to City RM-8 (Residential Medium Density 5-8 du/ac) for a
3.18 acres parcel located on the south side of 133m Road South, 640' west of Barwick
Road approximately 1,400 feet north of Lake Ida Road. (Quasi-Judicial Hearing)
This ordinance to be continued to a date certain of January 16, 2007. (Motion to
continue to January 16,2007 Commission Meeting; Approved, 5-0)
12-05-2006
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E. ORDINANCE NO. 72-06: An ordinance amending Chapter 100, "Nuisances" of the
Code of Ordinances by enacting a new Section 100.10, "Individually Designated
Historic Structures and Structures in Historic Districts," to prohibit neglect of
Individually Designated Historic Structures and Structures in Historic Districts and to
provide enforcement to help prevent deterioration of the same. (Approved, 5-0)
F. ORDINANCE NO. 74-06: City initiated amendment to the Land Development
Regulations (LDR) Chapter 8, "Special Implementation Programs" by enacting a new
Section 8.6 "Proportionate Fair-Share Program". Adoption of this Ordinance is
required by State Law. (Approved, 5-0)
G. ORDINANCE NO. 73-06: An ordinance amending Chapter 59, "Reclaimed Water",
of the Code of Ordinances by amending Section 59.09, "Fees, Rates and Charges", to
adjust the wholesale customer rate. (Approved, 5-0)
H. ORDINANCE NO. 75-06: An ordinance amending Chapter 35, "Employee Policies
and Benefits", of the Code of Ordinances by amending Subsection 35.097 (M), "Early
Retirement Incentive", to provide for changed eligibility timing. (Approved, 5-0)
1. ORDINANCE NO. 65-06: An ordinance amending Ordinance No. 34-06 of the
Code of Ordinances by amending Section 37.45, "Supplemental Code Enforcement
Procedures", Subsection (Q), "Civil Penalties", by removing the reference to Section
98.09, "Litter In Parks", amending the penalty amount for dogs on the beach and
skateboarding and adding a new penalty for ''Vehicles On The Beach" and "Garbage,
Sewage, and Other Waste Materials". (Approved, 5-0)
J. ORDINANCE NO. 66-06: An ordinance repealing Section 98.09, "Litter In Parks"
and amending Chapter 101, "Parks, Beaches and Recreation, General Provisions", of
the Code of Ordinances by amending Section 101.17, "Garbage, Sewage, and Other
Waste Materials", to read "Garbage, Trash, Litter, Sewage, and Other Waste Materials",
by amending Subsection 101.17(a), to strengthen prohibitions on littering on the
municipal beach, recreational facilities and public parks; and by enacting a new
Subsection 101.36, "Additional Rules Applying to City Parks, Recreation Facilities and
the Municipal Beach", to provide for additional rules which includes a prohibition on
smoking in certain areas of the beach that can be enforced by issuing civil citations in
addition to other remedies. (Approved, 5-0)
12-05-2006
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K. ORDINANCE NO. 76-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to the Land Development Regulations enacting Section
4.3.3(DDD), "Day and Night Treatment with Community Housing" to provide for
regulation of these new housing arrangements deftned in the Florida Administrative
Code, that provide housing only to individuals who are substance abuse impaired or in
recovery; adding "Day and Night Treatment with Community Housing" as a
Conditional Use within the General Commercial (GC), Central Business District (CBD),
Professional and Office District (POD), Residential Office (RO), Community Facilities
(CF) and Old School Square Historic Arts District (OSSHAD) zoning districts;
amending Appendix "A", "Definitions", to provide a definition for "Day and Night
Treatment with Community Housing". If passed, a public hearing will be scheduled for
January 2, 2007. (postponed to date certain of December 12, 2006) (Motion to
postpone to the December 12, 2006 Commission Meeting; Approved, 5-0)
L. ORDINANCE NO. 78-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to the Land Development Regulations repealing Section 4.6.7,
"Signs", in its entirety and enacting a new Section 4.6.7, "Signs", in order to provide a
single, combined and updated sign code; and amending Appendix "A", "Definitions",
to provide updated definitions relating to sign. If passed, a public hearing will be
scheduled for January 2, 2007. (Approved, 5-0)
M. ORDINANCE NO. 69-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated rezoning from GC (General Commercial) in part and AC (Automotive
Commercial) in part to CBD (Central Business District) for the North Federal Highway
Area and including 700 & 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 of NE
6th Avenue. If passed, a public hearing will be scheduled for January 16, 2007.
(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. 79-06: Privately initiated rezoning from GC (General
Commercial) to AC (Automotive Commercial) for a 6.28 acre property (formerly the
Ralph Buick Dealership), located at the northeast comer of South Federal Highway and
Fladell's Way. If passed, a public hearing will be scheduled for January 2, 2007.
(Approved, 4-0; Mayor Perlman away from dais)
12-05-2006
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B. ORDINANCE NO. 80-06: Amendment to the Land Development Regulations
(LDR) Section 2.4.5 "Procedures for Obtaining Development Approvals" and Section
2.4.3(K) "Fees" to create an application process for in-lieu of parking and public
parking fee requests. If passed, a public hearing will be scheduled for January 2, 2007.
(Approved, 4-0; Mayor Perlman away from dais)
C. ORDINANCE NO. 81-06: City initiated amendment to the Land Development
Regulations (LDR) amending Section 1.3.8, "Reconstruction Necessitated by An Act of
God", to add provisions for the reconstruction of lawful nonconforming commercial
structures damaged or destroyed by an Act of God. If passed, a public hearing will be
scheduled for January 2, 2007. (Approved, 5-0)
D. ORDINANCE NO. 82-06: City initiated amendment to the Land Development
Regulations (LDR) amending Section 4.3.3(I), "Community Residential Homes and
Group Homes" to provide that a Type 1 group home shall not be located within 1,000
feet of another Type 1 group home or a community residential home. If passed, a
public hearing will be scheduled for January 2, 2007. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 1, 2006
12-05-2006
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