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02-06-07 Agenda Results Reg . . City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** ;~ ~4.. ~~~ ==:J RULES FOR PUBLIC PARTICIPATION Tuesday. February 6.2007 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. Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 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 Item 9.A, Conditional Use Request/135, 145 and 169 SE 6th Avenue was postponed due to a request from the applicant; Corrected memorandum on dais for Item 9.F, Rejection of Bids/Bexley Trail Community Park Improvements Project; Item to.A, Ordinance No. 59-06 (Second Reading/Second Public Hearing) was postponed; and will come back as a First Reading at the February 20, 2007 Commission Meeting; and Item to.D, Ordinance No. 79-06 was postponed to the March 5,2007 Commission Meeting due to a request from the applicant; Approved as amended, 4- 0) 5. APPROVAL OF MINUTES: . January 16, 2007 (Approved, 4-0) 6. PROCLAMATIONS: A. Recognizing 2-1-1 Awareness Week - February 11 -18,2007 B. Autism Awareness Month - April 2007 C. Recognizing Marguerette Juanita Bain McKay 7. PRESENTATIONS: A. Recognizing and Commending Fred Sergio for his 90th birthday B. "Spotlight on Education" - Tammy Ferguson, Principal, Village Academy C. Special Recognition Awards -Area Schools - Project Holiday 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 actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Annual Meeting of January 18, 2007. B. RESOLUTION NO. 7-07: Approve Resolution No. 7-07 assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from six (6) properties throughout the City. C. FINAL SUBDIVISION PLAT APPROVAL/CANNERY ROW: Approve the subdivision plat fot Cannery Row, located south of NE 4th Street between NE 1 st Avenue and NE 2nd Avenue (pineapple Grove Way). 02-06-2007 - 2 - D. REQUEST FOR SIDEWALK DEFERRAL/960 FERN DRIVE: Approve a request to defer the installation of a sidewalk in front of 960 Fern Drive. Staff recommends approval. E. REOUEST FOR SIDEWALK DEFERRAL/1825 COPELY PLACE. VALENCIA COURT, LOT #4: Approve a request to defer the installation of a sidewalk in front of 1825 Copely Place, Valencia Court, Lot #4. Staff recommends approval. F. CHANGE ORDER NO. 2/FINAL (CONTRACT CLOSEOUT)/OVERHOLT CONSTRUCTION CORPORATION.: Approve Change Order No. 2/Final (Contract Closeout) in the amount of a $44,595.90 decrease and final payment in the amount of $82,665.96 to Overholt Construction Corporation for completion of the Delray Swim and Tennis Center Clubhouse Project. Funding is available from 380- 4150-572-62.60 (2004 G.O. Bond Fund/Delray Swim and Tennis) and 117-4133-572- 63.90 (Recreation Impact Fee/Other Improvements). G. SERVICE AUTHORIZATION NO.7 /CH2M HILL. INC.: Approve a Service Authorization No.7 to CH2M Hill, Inc. in the amount of $63,500.00 for professional services related to evaluating alternative water supply strategies. Funding is available from 442-5178-536-31.30 (Water/Sewer Renewal and Replacement Fund/Engineering/Architectural Services). H. RIGHT OF ENTRY AGREEMENT AND EASEMENT DEED/FAIRWAYS OF DELRAY: Approve and accept the right of entry agreement and easement deed to allow the City to go onto certain common areas of Fairways of Delray and to install a reclaimed water line for irrigation purposes. 1. LIMITED ACCESS EASEMENT AGREEMENT/COMMUNITY LAND TRUST: Approve a Limited Access Easement Agreement between the City and the Delray Beach Community Land Trust providing for the placement of a limited access easement over the north property line, adjacent to SW 2nd Street. J. APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approve the poll workers for the First Nonpartisan Election to be held on March 13,2007. K. CONTRACT RENEWAL/ACCURATE PARKING, INC.: Approve the renewal of a contract with Accurate Parking, Inc. (formerly Parking Pros) for the staffing of the South County Courthouse Garage on weekend evenings and special events. Funding is available from 001-3151-545-34.90 (General Fund/Other Contractual Services). L. AGREEMENT /BARWICK ROAD BAPTIST CHURCH: Approve an agreement between the City and Barwick Road Baptist Church to allow the City to use the southwest comer of the church property, located at 500 Barwick Road to locate a temporary Fire-Rescue station for twenty-four (24) months or until the new fire station at Lake Ida and Barwick Road is complete. 02-06-2007 - 3 - M. MEMORANDUM OF UNDERSTANDING/FIRST AMENDMENT TO DECLARATION OF CONTINUING OBLIGATIONS AND RESERVATION OF RIGHTS/GUARANTEE AGREEMENT /LIMITED PARKING LICENSE AGREEMENT /BLOCK 69: Approve the Memorandum of Understanding, the First Amendment to Declaration of Continuing Obligations and Reservation of Rights, the Guarantee Agreement and the Limited Parking License Agreement between Block 77 Development Group, L.c., the City of Delray Beach and the Community Redevelopment Agency (CRA) subject to the closing and transfer of the Block 69 Parking Garage to the City. N. RESOLUTION NO. 8-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LANDSCAPE IMPROVEMENTS: Approve and adopt Resolution No. 8-07 authorizing execution of a Maintenance Memorandum of Agreement (MOA) with the Florida Department of Transportation (FD01) for maintenance of landscaping along the US 1 corridor from the C-15 Canal to Tropic Boulevard; the Florida Department of Transportation (FD01) will construct the landscaping improvements and the City will be responsible for landscape maintenance. There is no cost to the City for the installation of landscaping. O. RESOLUTION NO. 9-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LOCALLY FUNDED AGREEMENT: Approve and adopt Resolution No. 9-07 authorizing execution of a Locally Funded Agreement with the Florida Department of Transportation (FD01) for the installation of trombone style mast arm signals at the intersection of SR AlA and East Atlantic Avenue. The City is responsible for funding the added cost for the trombone style mast arms at a cost of approximately $50,000.00. Funding is available from 334-3162-541- 68.31 (General Construction Fund/AlA Streetscape). P. RESOLUTION NO. 10-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ATLANTIC AVENUE BRIDGE UNDERPASS ART PROJECT: Approve and adopt Resolution No. 10-07 authorizing execution of a Maintenance Memorandum of Agreement with the Florida Department of Transportation (FD01) for the installation of public art and landscaping under the Atlantic Avenue Bridge. FDOT will make appropriate revisions to the agreement once final drawings are provided by the City. There will be no cost to the City other than routine maintenance. Q. EXOTIC VEGETATION/UNIVERSAL BEACH SERVICES CORPORATION: Approve and authorize Universal Beach Services Corporation to proceed with the exotic vegetation removal associated with the Beach Renourishment Project in the amount of $18,500.00. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund/Other Contractual Services). 02-06-2007 - 4 - R. SPECIAL EVENT REOUEST / A VDA 5K WALK/RUN: Approve a special event request to endorse the 10th Annual Aid to Victims of Domestic Abuse, Inc. (A VDA) 5K Walk/Run to be held on Sunday, October 13, 2007 from 7:30 a.m. until approximately noon, with set up at 5:30 a.m., to grant a temporary use pennit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean Boulevard from Casurina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lot, and to authorize staff assistance for providing traffic control, barricading, signage, clean up and stage set up and use; contingent on the sponsor providing the required liability insurance. S. SPECIAL EVENT REOUEST /SAINT PATRICK'S DAY PARADE: Approve a special event request to conduct the 39th Annual St. Patrick's Day Parade proposed to be held on Saturday, March 17, 2007, beginning with setup at 12:00 p.m., parade starting at 2:00 p.m. and ending at approximately 3:30 p.m., and to grant a temporary use pennit per LDR Section 2.4.6(F) for the use of Atlantic Avenue from Venetian Drive to NW 1 st A venue for the parade and Venetian Drive and Gleason Street for staging of parade entries; and to approve staff support for traffic control and security, barricading, EMS assistance, trash removal, assistance in obtaining the FDOT pennit and to allow event signage to be put up ten (10) days prior to the event; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. T. CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT AND SUBCONTRACTS/COMMUNITY CHILD CARE CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Approve a Memorandum of Agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $853,622.00 in support of the Beacon Center Services at Village Academy Elementary School and Subcontracts between the City and the Community Child Care Center and the Children's Case Management Organization for carrying out services at the Beacon Center. U. RESOLUTION NO. 5-07 AND RESOLUTION NO. 6-07: Approve Resolution Nos. 5-07 and 6-07 adopting the ICMA 457 and 401A retirement plan with certain elections. V. DELRAY BEACH POP UP BOOK/JOINT FUNDRAISING PROJECT FOR THE EDUCATION FOUNDATION: Approve a check request in the amount of $13,000.00 to the Chamber of Commerce Education Foundation for the underwriting of the All-America City page for the Delray Beach pop up book. W. PAYMENT/PRISTINE WATER SOLUTIONS: Approve a payment in the amount of $28,980.00 to Pristine Water Solutions, Inc. for the initial polyphosphate shipment for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 16, 2007 through February 2, 2007. 02-06-2007 - 5 - y. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Rangeline Tapping Services, Inc. in the amount of $50,000.00 for performing four (4) emergency line stops relating to the removal and realignment of waters mains from under the footprint of the new Environmental Services Department building and parking area. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal and Replacement Fund/Water Mains). 2. Contract award to West Construction, Inc. in the amount of $2,113,603.92 for the construction of the Mangrove Park Project. Funding is available from 334- 4174-572-63.90 (General Construction Fund/Other Improvements). 3. Purchase award to Dell Computer Corporation in the amount of $29,856.75 for purchase of twenty-five (25) desktop computers with customer software image. Funding is available from 334-6112-519-64.11 (General Construction Fund/Computer Equipment). 4. Purchase award to Embroidered Products in the amount of $27,907.00 for the purchase of uniforms for shift personal. Funding is available from 001-2315- 526-52.22 (General Fund/Uniforms/Linen Service). 9. REGULAR AGENDA: A. CONDITIONAL USE REOUEST /135. 145 AND 169 SE 6TH AVENUE: Consider a request to allow a density in excess of 30 dwelling units per acre (37.53 units per acre proposed) in the Central Business District for 135, 145 and 169 SE 6th Avenue, a proposed 28 unit residential condominium located on the east side of SE 6th Avenue, approximately 200 feet south of SE 1 st Street. (Quasi-Judicial Hearing) (POSTPONED) B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/SANTA FE SALON: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding the Santa Fe Salon, located at the Southwest comer of NE 2nd Street and NE 4th Avenue. (Quasi-Judicial Hearing) (Motion to POSTPONE until the February 13, 2007 Commission Special/Workshop Meeting; Approved, 4-0) C. WAIVER REOUESTS/SEAGATE HOTEL: Consider a request for waiver of Land Development Regulations (LDR) Section 4.4.13(F)(3)(f), Section 4.4.13(F)(3)(h) and Section 4.4.13(F)(3)(i), "Building Frontage and Front Setbacks", associated with the Class V site plan for Seagate Hotel on Atlantic Avenue located on the south side of Atlantic Avenue, between Venetian Drive and Gleason Street. (Quasi-Judicial Hearing) (Motion to approve Board Order as presented; Approved, 4-0) 02-06-2007 - 6 - D. WAIVER REOUEST/DELRAY BEACH COMMUNITY LAND TRUST. INC.: Consider a request for waiver of Land Development Regulations (LDR) Section 4.1.4(D), "Use of Lots of Record", and Section 4.7.12, "Other Incentives", governing the use of 40-foot lots under the Workforce Ordinance for two (2) parcels submitted for permitting by the Community Land Trust. The properties are located at 220 SW 4th Avenue and 214 NW 8th Avenue. (Quasi-Judicial Hearing) (Motion to approve Board Order as presented; Approved, 4-0) E. REOUEST FOR IN-LIEU PARKING SPACES/INTELETRAVEL: Consider a request from Intelettavel for the purchase of two (2) in-lieu parking spaces in the amount of $15,600.00. Intelettavel is located at 209 North Swinton Avenue. (Quasi- Judicial Hearing) (Motion to approve Board Order as presented; Approved, 4-0) F. REJECTION OF BIDS/BEXLEY TRAIL COMMUNITY PARK IMPROVEMENTS PROJECT: Consider rejection of all bids received for the Bexley Trail Community Park Improvements Project and authorize staff to re-bid this project. (Motion to authorize staff to reject all bids and re-bid project; Approved, 4-0) G. WESTERN/SENIOR COMMUNITY CENTER NAMING CONTEST: Provide direction regarding the proposed names for the Western/Senior Community Center. (Motion to approve the name of "Delray Beach Family Recreation and Fitness Center"; Approved, 4-0) H. MARLOWE AND COMPANY/PROPOSAL FOR FEDERAL LOBBYING SERVICES: Consider a proposal with Marlowe and Company to provide Federal Lobbying Services for the City of Delray Beach. (Consensus of the Commission to place item on the February 13, 2007 Commission Special/Workshop agenda) 1. MANAGEMENT /STAFFING AGREEMENT/MAE VOLEN SENIOR CENTER, INC.: Consider approval of a Management/Staffing Agreement between the City and Mae V olen Senior Center, Inc. to provide programming for senior citizens and continue its Alzheimer operations at the Western/Senior/Community Center. (Motion to approve the extension of the agreement; Approved 4-0) J. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). (Appointed Sigurdur Hardester and approved 4-0) K. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint three (3) regular members to the Board of Construction Appeals to serve two (2) year terms ending August 31, 2008. Based upon the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Commissioner Montague (Seat #4), and Mayor Perlman (Seat #5). (Appointed Anthony Spirelli and approved 4-0; and James Houck and approved 4-0. Commissioner Montague's appointment deferred to the February 20, 2007 Commission Meeting) 02-06-2007 - 7 - L. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) regular member to the Nuisance Abatement Board for an unexpired term ending March 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3). (Appointed Eileen Marks and approved 4-0) M. SPECIAL EVENT REOUEST /DELRAY BEACH FILM FESTIVAL: Approve a request to endorse the 2nd Annual Delray Beach Film Festival proposed to be held from March 13 through March 18, 2007; to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of NW 1 st Street on March 13, 2007 from 9:00 p.m. - 2:00 a.m., for the event party at DaDa's; to approve the reservation of sixteen (16) tee times at the Municipal Golf Course on March 15, 2007 beginning at 9:00 a.m. for a golf outing; to approve the use of the south end of the beach on March 17, 2007 from 8:00 a.m. to 12:00 p.m. for a surfing demonstration and contest; to approve the use of the beach on March 16,2007 from 10:00 a.m. - 6:00 p.m., for Beach Tennis in front of the Marriott and Boston's On The Beach; to authorize staff support for the traffic control and security for the street closure and event signage; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. (Motion to approve with staff recommendations) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 59-06 (SECOND READING/SECOND PUBLIC HEARING): 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-1-AA (Single Family Residential) and associated reduction of lot frontage and lot width requirements for proposed lots 20 and 25 within the subdivision at Christ the King Monastery of St. Clare, Inc., located at the southeast comer of Sherwood Boulevard and Sutton Place. (This ordinance is postponed; and wiD come back as a First Reading on February 20, 2007.) (Motion to POSTPONE to the February 20, 2007 Commission Meeting; Approved, 4-0) B. ORDINANCE NO. 38-06 (SECOND READING/ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2007-1): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2007-1 and associated Future Land Use Map (pLUM) amendments. Amendment 2007-1 includes: (Motion to approve Ordinance No. 38-06; Approved, 4-0) A. Text Amendments: 1. Future Land Use Element - Modification of the Commerce FLUM designation to allow residential development within a designated overlay district, subject to providing workforce housing. 02-06-2007 - 8 - 11. 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 the description for the "Redevelopment Areas" designation. 111. Future Land Use Element - Amendment of Table L-7, Land Use Designation/Zoning Matrix, to accommodate the new Congress Avenue Mixed Use Designation. IV. Future Land Use Element - Modification of Policy A-7.2 to include the provision of workforce housing in the MROC (Mixed Residential Office Commercial) zoning district which encompasses the new Congress Avenue Mixed Use designation. Language is also added to support a text amendment to allow residential development within workforce housing overlay districts in the CMR (Commerce) FLUM designation when a minimum of 25% of the units are workforce housing. v. Future Land Use Element - Modification of Policy A -7.4 to increase the time for workforce housing units, constructed under the Family/Workforce Housing Program, to remain affordable from 30 to 40 years. Vl. 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. Vll. Future Land Use Element - Modification of Policy A-1.9 to support adding a new mixed-use Future Land Use Map designation and zoning district within the Congress A venue Corridor. The new designation permits Commercial, Office and Residential Development. Originally, an overlay district was to be created and residential uses were not considered. Provisions for maximum densities and intensities have also been added to the policy. V111. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule for Projects > $25,000) to reflect adoption of the FY 2007-2011 Capital Improvement Program. lX. Capital Improvement Element - Modification of the General Fund Revenue and Expenditure Five Year Forecast Table to reflect the current Planning period. 02-06-2007 - 9 - x. Coastal Management Element Modification of Policy C-3.5 (Reconstruction Necessitated by an Act of God) to allow commercial structures to be rebuilt to pre-disaster use, densities and heights when nonconforming structures within the Coastal Planning Area are destroyed by a natural disaster. Currendy, this policy applies only to residential, hotel, motel and resort dwelling unit structures. This amendment adds commercial structures. B. Future Land Use Amendments Map: 1. 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 but including the Congress Park, Congress Park South and Office Depot Developments located on the west side of Congress Avenue. 11. 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 comprised of 3.18 acres, located on the west side of Barwick Road, north of the L-31 Canal, adjacent to the Bexley Park Subdivision. 111. Privately Initiated Future Land Use Map amendment from IND (Industrial) to CMR (Commerce) for the Depot Road property comprising 9.00 acres, located north of West Adantic Avenue between Depot Road and the CSX Railroad. lV. City Initiated 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) totaling 21.6 acres, located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately % block east of NE 6th Avenue. C. ORDINANCE NO. 5-07 (FIRST READING/FIRST PUBLIC HEARING): City initiated rezoning from MIC (Mixed Industrial and Commercial), PCC (planned Commerce Center), POC (planned Office Center), PC (planned Commercial), and CF (Community Facilities) to MROC (Mixed Residential Office and Commercial) for the area bounded by West Adantic Avenue on the north, the C-15 canal to the south, 1-95 transportation corridor on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South and the Office Depot complexes, located just west of Congress Avenue. If passed, a second public hearing will be scheduled for February 20,2007. (Approved, 4-0) 02-06-2007 - 10 - D. 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. (Quasi-Judicial Hearing) (Motion to POSTPONE to the March 5, 2007 Commission Meeting at 7:00 p.m.; Approved 3-0. Commissioner Levinson away from dais) E. ORDINANCE NO. 69-06 (SECOND READING/SECOND 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 a.c. Taylor dealership) with a combined total of 21.6 acres, located between NE 4th Street and George Bush Boulevard and extending from the FEC Railroad to approximately % block east of NE 6th Avenue. (Quasi-Judicial Hearing) (Approved, 4-0; Commission Levinson returned to dais) F. ORDINANCE NO. 70-06: City initiated annexation and rezoning from County AR (Agricultural Residential) to City RM-8 (Residential Medium Density 8 du/ ac) in part for an area totaling 3.18 acres located on the west side of Barwick Road, north of the L- 31 Canal, adjacent to the Bexley Park Subdivision. (Quasi-Judicial Hearing) (Approved, 4-0) . G. ORDINANCE NO. 3-07: Future Land Use Map amendment (small-scale) from County LR-l (Low Density Residential 1 du/ac) to City LD (Low Density Residential O- S du/ac) and rezoning from County AR (Agricultural Residential) to City R-l-AA (Single Family Residential) for a 0.72 acre property located at 2200 Lake Drive. (Quasi- Judicial Hearing) (Approved, 4-0) H. ORDINANCE NO. 4-07: Future Land Use Map amendment (small-scale) from County LR-3 (Low Density Residential 3 du/ac) to City TRN (Transitional) and rezoning from CG/SE (Commercial General/Special Exception) to City zoning of SAD (Special Activities District) for a 0.99 acre property, to be known as Robotic Space Savers located at the southwest comer of Conklin Drive and Military Trail. (Quasi- Judicial Hearing) (Approved, 4-0) 1. RESOLUTION NO. 4-07/CONTRACT FOR SALE AND PURCHASE OF PROPERTY /COMMUNITY REDEVELOPMENT AGENCY /INTERLOCAL AGREEMENT /145 SW 12TH AVENUE: Consider approval of Resolution No. 4-07 authorizing the City to purchase property, located at 145 SW 12th Avenue, to provide land to be used in conjunction with the Neighborhood Resource Center; and approve Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) in the amount of $10.00; and approve an lnterlocal Agreement between the City and the Community Redevelopment Agency (CRA) providing that the CRA shall pay for the construction costs of the conversion while the City shall oversee such construction. (Approved, 3-0; Mayor Perlman filed Conflict of Interest, passed the gavel to Vice-Mayor Ellis, and left dais) 02-06-2007 - 11 - . ~ 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. 2-07: Privately initiated amendments to the Land Development Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.9 "General Provisions," to allow one (1) bedroom units in the Workforce Housing Program. If passed, a public hearing will be scheduled for February 20, 2007. (Approved, 4-0) B. ORDINANCE NO. 71-06: Privately initiated rezoning from I (Industrial) in part and OS (Open Space) in part to MIC (Mixed Industrial and Commercial) for a 10.7 acre property located along Depot Road north of the Old Train Station, between the CSX Railroad and 1-95. If passed, a public hearing will be scheduled for February 20, 2007. (Approved, 4-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: FEBRUARY 2, 2007 ****** Meeting adjourned at 8:40p.m. ****** 02-06-2007 - 12 -