12-12-06 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 12. 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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (M:ayor noted the addition of Item 9.1(, Housing Assistance and
Development Agreement (Revised), added to the Regular Agenda by addendum; Additional Information
for Item 8.E, Lease Agreement for Temporary Parking/Pineapple Grove, Ltd.; Revised Agreement for
Item 8.1, License Agreement/Block 77 Development Group, L.c.; Additional Information (Board
Orders) for Items 9.A, Waiver Requests/346 N.W. 7th Avenue; 9.B, Waiver Request/510 Seagate Drive;
9.C, Waiver Request/Sun American Bank and 9.D, Waiver Request/Old Neal's Market/ A to Z
Automotive; and additional information for Item 9.], Agreement/United States Tennis Association, Inc.
(USTA)/Fed Cup Tie; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. NONE
6. PROCLAMATIONS:
A. Martin Luther King, Jr. Day - January 15,2007
7. PRESENTATIONS:
A. Site Plan Review and Appearance Board (SPRAB) Awards
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL BOUNDARY PLAT APPROVAL/HARTMAN TOWNHOUSES
PLAT: Approve the boundary plat for the Hartman Townhouses Plat, located on the
northwest comer ofN.E. 3rd Street and N.E. 7th Avenue.
B. CHANGE ORDER NO. 2/FINAL (CONTRACT CLOSEOUT)/ ALMAZAN
BROTHERS. INC.: Approve Change Order No. 2 in the amount of a $9,496.00
decrease and final payment in the amount of $11,505.20 to Almazan Brothers, Inc. for
completion of the Royal Palm Drive Road Reconstruction Project. Funding is available
from 334-3162-541-65.84 (General Construction Fund/Capital Outlay/Royal Palm
Drive).
C. FIRST AMENDMENT /2002 PALM BEACH COUNTY RECREATION
CULTURAL FACILITIES BOND/INTRACOASTAL WATERWAY PARK:
Approve a First Amendment to the Interlocal Agreement between the City and Palm
Beach County for increased funding for the Intracoastal Waterway Park Project
(Mangrove Park). The amendment increases the total County Bond funding from an
amount not to exceed $1,000,000.00 to an amount not to exceed $2,000,000.00, and
increases the required City match from $1,152,240.00 to $1,606,008.00.
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D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-
RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution
of funding agreements with two (2) sub-recipients (Community Child Care Center
d/b/a Achievement Centers for Children and Families and the Urban League of Palm
Beach County, Inc.) under the Community Development Block Grant (CDBG)
program for FY 2006-2007, with the total funding in the amount of $84,620.00 from
various accounts within the CDBG fund.
E. LEASE AGREEMENT FOR TEMPORARY PARKING/PINEAPPLE
GROVE. L TD: Approve a lease agreement between the City of Delray Beach and
Pineapple Grove Ltd. allowing the City to use the vacant property, located at 105 - 115
N.E. 1st Street for public parking purposes until March 31, 2007.
F. RATIFICATION OF APPOINTMENTS TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the reappointments of Mr. Peter
Perri, representative of the West Atlantic Redevelopment Coalition and Reginald Cox as
the alternative representative for two (2) year terms ending September 30, 2008.
G. ADOPTION OF THE DELRAY BEACH PARKING MASTER PLAN:
Approve and adopt the Delray Beach Parking Master Plan.
H. 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 DVD Makers in the amount of $24,000.00 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).
1. LICENSE AGREEMENT/BLOCK 77 DEVELOPMENT GROUP, L.C.:
Approve a license agreement between the City and Block 77 Development Group, L.c.
for the temporary use of two parcels (Lot 19, Block 69 and portions of Lots 10 and 11,
Block 77) to accommodate parking for the general public, located on S.E. 1 sl Avenue
just south of Atlantic Avenue.
]. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 4, 2006 through December 8, 2006.
K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Bermuda Services, Inc. in the amount of $52,268.33 for irrigation
and landscape improvements to the Chatelaine Subdivision, in connection with
the Strategic Task Team Initiative. Funding is available from 334-6130-541-
63.89 (General Construction Fund/Neighborhood Enhancement Expenditure).
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2. Bid award to Gator Landscaping in an estimated annual cost of $44,182.00 for
the landscape maintenance of the Stormwater Retention Areas and Improved
Water Retention Areas. Funding is available from 448-5416-538-34.90
(Stormwater Utility Fund/Other Contractual Services).
3. Bid award to West Construction, Inc. in the amount of $144,007.05 for
construction of the Rosemont Park Improvements, in the Rosemont
neighborhood located between S.W. 5th Avenue and S.W. 4th Avenue. Funding
is available from 334-4131-572-65.89 (General Construction
Fund/Neighborhood - S.W. 6th Street - Rosemont) and 441-5161-536-65.89
(Water/Sewer Fund/ Neighborhood - S.W. 6th Street - Rosemont).
4. Bid award to various vendors for pipe fittings and accessories for the City
Utilities Warehouse and Construction Division at an estimated annual cost of
$231,076.79. Funding is available from various departmental operating budgets
and construction projects.
5. Bid award to Signature Systems, LLC in the amount of $18,936.45 for 8,000
square feet of Event Deck to be used to cover one clay court for use for Tennis
and other events. Funding is available from 001-4210-575-63.90 (General
Fund/Other Improvements).
6. Purchase award to Americas Generators, Inc. in the amount of $295,057.96 for
the purchase of large fixed and portable generators to power various Sanitary
Lift Stations, Storm Water Pump Stations, and the North Water Re-pump
Facility during power outages. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment),
441-5161-536-64.90 (Water/Sewer Fund/Other Machinery/Equipment) and
448-5461-538-68.18 (Storm Water Utility Fund/Storm Water Pump Station
Rehabilitation).
9. REGULAR AGENDA:
A. WAIVER REOUESTS/346 N.W. 7th AVENUE: Consider waiver requests to Land
Development Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix" to
reduce the lot frontage, lot width and lot size for two (2) proposed lots, located at the
southwest comer of N.W. 4th Street and N.W. 7th Avenue (346 N.W. 7th Avenue).
(Quasi-Judicial Hearing) (Approved, 5-0)
B. WAIVER REOUEST /510 SEAGATE DRIVE: Consider a request for waiver of
Land Development Regulations (LDR) Section 6.1.3(D)(1)(b), "Sidewalks" associated
with a two-story addition to an existing single family residence, located at 510 Seagate
Drive, within the Beach Overlay District. (Quasi-Judicial Hearing) (Approved, 5-0)
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C. WAIVER REQUEST /SUN AMERICAN BANK: Consider a request for waiver of
Land Development Regulations (LDR) Section 2.4.6(F), "Temporary Use Permit", to
allow a temporary pre-fab building for Sun American Bank, located on the north side of
S.E. 6th Street, between S.E. 5th Avenue and S.E. 6th Avenue. (Quasi-Judicial Hearing)
(Motion to approve waiver not to exceed a period of 24 months and with staff conditions #1
and #2 listed on Page 2 of the Staff Report; Approved, 5-0)
D. WAIVER REQUEST/OLD NEAL'S MARKET/A TO Z AUTOMOTIVE:
Consider a request for waiver of Land Development Regulations (LDR) Section
2.4.6(F)(3)(e), "Temporary Parking Lots", to allow temporary parking in the lot located
at the comer of N.E. 1st Street between N.E. 1st Street and N.E. 2nd Avenue. (Quasi-
Judicial Hearing) (Approved, 5-0)
E. DISCUSSION/200? ANNUAL TOWN HALL MEETING: Provide direction
regarding the 2007 Annual Town Hall Meeting. (Commission provided direction to staff
regarding format for the Town Hall meeting including presentations, public participation and
venue)
F. FY 200? 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. (Approved,5-
0)
G. CREATIVE CITY COLLABORATIVE: Consider the establishment of a Creative
City Collaborative Organizational/Incorporation Committee and provide direction on
its formation and tasks. (Motion to establish the Creative City Collaborative Committee as
outlined; Approved, 5-0)
H. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT: Consider
approval of the final Housing Assistance and Development Agreement between
Midtown Dekay, LLC and the City of Dekay Beach, Dekay Beach Community Land
Trust, Inc., and the Dekay Beach Chamber of Commerce for the development of
workforce housing. (Approved, 5-0)
1. BID AWARDS/MULTIPLE VENDORS: Consider approval of multiple bid
awards in an estimated annual cost of $102,000.00 for the purchase and delivery of
various medical and drug supplies for the Fire Department via Bid #2006-43. Some of
the recommended bid awards are not to the lowest bidder. Funding is available from
001-2315-526-52.20 (General Fund/General Operating Supplies) FY 2007. (Approved,
5-0)
J. AGREEMENT/UNITED STATES TENNIS ASSOCIATION INC.(USTA)/
FED CUP TIE: Consider approval of a Host Facility Agreement with the United
States Tennis Association, Inc. (USTA) for the Fed Cup Tie to be held at the Tennis
Center on April 21-22, 2007. (Approved, 5-0)
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K. HOUSING ASSISTANCE AND DEVELOPMENT AGREEMENT: Consider a
request regarding the Housing Assistance and Development Agreement between
Auburn Trace, L TD and the City of Delray Beach for the development of workforce
housing relative to the Community Work Force Housing Innovation Program
(CWHIP). (Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 68-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to the Land Development Regulations (LDR) which intend
to clarify the current regulations, provide parameters, and define compatible
development within the historic districts. The amendments are primarily based on
recommendations provided by REG Architects, the consultants hired during the
moratorium to find resolutions to the recent concerns over the level and type of
development affecting historic preservation efforts within all five (5) of the City's
historic districts. If passed, a public hearing will be scheduled for January 2, 2007.
(This ordinance is postponed to provide the Historic Preservation Board the
opportunity to make recommendations and staff has asked REG Architects, Inc.
to test the proposed guidelines on certain homes in the historic districts.)
(M:otion to POSTPONE to a date not certain; Approved, 5-0)
B. 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 defined 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 Medium Density Residential (RM), 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 (OS SHAD) 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. (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. NONE
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 8, 2008
****** Meeting adjoumed at 8:03 p.m. ******
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