03-05-07 Agenda Results Reg
City of Delray Beach
Regular Commission Meeting
*** AG ENDA RESULTS***
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RULES FOR PUBLIC PARTICIPATION
Monday. March 5. 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
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. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Item 8.], Grant Agreement/Palm Beach County Tourist
Development Council was added to the consent agenda by Addendum; Additional Information (Board
Order) for Item 9.A, Conditional Use Modification Request/Delray Beach Club; Additional Information
(Board Order) for Item 9.B. Waiver Request/Delray Beach Club; Item 1O.C, Ordinance No. 79-06, was
postponed due to a request from the applicant; Revised information (Cannery Row Purchase and Sale
Agreement and the Declaration of Covenants and Restrictions) for Item 10.0 and this item was
removed from the agenda; and Item 8.H, Review of Appealable Land Development Board Actions was
moved to Item 9.A.l under the regular agenda; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. February 20, 2007 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Fair Housing Month - April 2007
B. Recognizing Sigma Gamma Rho Sorority Youth Day - March 10, 2007
7. PRESENTATIONS:
A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. ACCEPTANCE OF EASEMENT DEED/4999 WEST ATLANTIC AVENUE:
Approve and accept an easement deed for a proposed 10' x 30' bus shelter easement
located at 4999 West Atlantic Avenue (Walgreens).
B. RESOLUTION NO. 17-07/ ABANDONMENT OF AN ALLEYWAY:
Approve Resolution No. 17-07 vacating and abandoning a 16' x 422.28' portion of the
right-of-way of an existing north/south alleyway lying within Block 76 of the plat of the
Town of Linton, located north of East Atlantic Avenue, between NE 151 Avenue and
Pineapple Grove Way (NE 2nd Avenue).
C. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
AGREEMENTS/RESOLUTION NO. 16-07 AND RESOLUTION NO. 19-07:
Approve Resolution No. 16-07 and Resolution No. 19-07 authorizing the Joint
Participation Agreement (JP A) and a Maintenance Memorandum of Agreement (MOA)
with the Florida Department of Transportation (FDOT) for the installation and
maintenance of landscaping at the intersection of the 1-95 interchange and West
Atlantic Avenue.
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D. RESOLUTION NO. 18-07: Approve Resolution No. 18-07 assessing costs for
abatement action required to remove nuisances on fifteen (15) properties throughout
the City.
E. HAMLET RESIDENTS ASSOCIATION/TRAFFIC ENFORCEMENT
AGREEMENT: Approve a traffic enforcement agreement between the City and the
Hamlet Residents Association allowing the Delray Beach Police Department to enforce
local and state traffic laws on its property.
F. HOUSING REHABILITATION GRANT /CONTRACT AWARD: Approve one
(1) Housing Rehabilitation grant/contract award through the Community Development
Division in the amount of $31,127.25 to Ray Graeve & Sons Construction for 125 SW
1 Olh Avenue. Funding is available from 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
G. CONTRACT ADDITION (C.O. NO. 1)/BLOCK 64 DRAINAGE AND
WATER MAIN IMPROVEMENT PROJECT /CHAZ EOUIPMENT
COMPANY, INC.: Approve Contract Addition (CO. No.1) to the Block 64
Drainage and Water Main Improvements Project in the amount of $49,000.00 to Chaz
Equipment Company, Inc. for the installation of a sanitary sewer main on SW 3rd Street.
Funding is available from 442-5178-536-63.51 (Water/Sewer Renewal & Replacement
Fund/Other Improvements/Water Mains).
H. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA).
I. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Conco Horticultural, Inc. in the amount of $87,818.00 for the
installation of trees and palms at the City Cemetery. Funding is available from
001-4131-572-46.50 (General Fund/City Hall/Cemetery Tree Replacement).
2. Contract award to Don Hillman, Inc. in the amount of $18,760.41 for replacing
the radiator on the 800KW generator at the Water Treatment Plant. Funding is
available from 441-5143-536-46.20 (Water/Sewer Fund/Equipment
Maintenance).
3. Contract award to Knight Electric, Co., Inc. in the amount of $18,500.00 for
installation of one (1) 200-amp, single phase electrical service, including
materials and labor for temporary Fire Station #4. Funding is available from
334-6112-522-62.88 (General Construction Fund/Fire Station #4).
4. Purchase award to Duval Ford in the amount of $119,549.00, via the Florida
Sheriffs Association Contract #06-14-0821 for the purchase of one (1) Ford F-
150 4x2 1Jz ton pick-up and four (4) Ford F-250 % ton pick-up trucks for the
Parks and Recreation Department. Funding is available from 001-4138-572-
64.20 (General Funds/Automotive) and 119-4144-572-64.20 (Beautification
Trust Fund/Automotive).
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J. GRANT AGREEMENT/PALM BEACH COUNTY TOURIST
DEVELOPMENT COUNCIL: Approve a grant agreement between the City and
the Palm Beach County Tourist Development Council in the amount of $35,000.00 for
the FED Cup.
9. REGULAR AGENDA:
A.1 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
February 20, 2007 through March 2, 2007. (Mayor Perlman declared a Conflict of Interest,
passed the gavel to Vice-Mayor Ellis and left dais)
A. CONDITIONAL USE MODIFICATION REQUEST /DELRAY BEACH
CLUB: Consider a conditional use modification request for the Delray Beach Club to
allow the operation of a private club with attendant recreational, dining, and related
accessory facilities in the RM (Multiple Family - Medium Density Residential) district,
located on the east side of South Ocean Boulevard (State Road A-1-A), south of Linton
Boulevard (2001 South Ocean Boulevard). (Quasi-Judicial Hearing) (Motion to adopt
Board Order as presented; Approved, 5-0 )
B. WAIVER REOUEST /DELRAY BEACH CLUB: Consider a request for waiver of
Land Development Regulations (LDR) Section 4.6.9(F)(3)(e)(i), "Special Provisions", to
allow one (1) handicap parking space versus the two (2) handicap parking spaces
adjacent to a valet queue area for the Delray Beach Club. (Quasi-Judicial Hearing)
(Motion to adopt Board Order as presented; Approved, 5-0 )
C. REOUEST FOR IN-LIEU PARKING SPACE/325 PINEAPPLE GROVE
WAY: Consider a request from 325 Pineapple Grove Way (N.E. 2nd Avenue) for the
purchase of one (1) in-lieu parking space in the amount of $7,800.00. (Quasi-Judicial
Hearing) (Motion to adopt Board Order as presented; Approved, 5-0 )
D. REQUEST FOR IN-LIEU PARKING SPACE/SAKI ROOM (FKA BOB'S
FAMOUS BAR AND POWERS LOUNGE): Consider a request from the Saki
Room (fka Bob's Famous Bar and Powers Lounge) for the purchase of one (1) in-lieu
parking space in the amount of $15,600.00. Saki Room (fka Bob's Famous Bar and
Powers Lounge) is located at 217 East Atlantic Avenue. (Quasi-Judicial Hearing)
(Motion to adopt Board Order as presented; Approved, 5-0 )
E. REQUEST FOR FUNDING/COMMUNITY NEIGHBORHOOD HELPING,
INC.: Consider approval of a request from Community Neighborhood Helping, Inc.
to provide $12,500.00 in seed money, which will be reimbursed to the City through a
Palm Beach County grant, for the Glory Awards 2007 to be held on May 4, 2007.
Funding is available from 001-1111-511-48.10 (City Commission/Special Events).
(Approved, 5-0 )
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F. REOUEST FOR FINANCIAL SUPPORT/S.D. SPADY ELEMENTARY
MONTESSORI MAGNET SCHOOL: Consider a request from S.D. Spady
Elementary Montessori Magnet School for financial support to send five students
selected from S.D. Spady Elementary Chorus to perform in Chicago, Illinois with the
2007 Organization of American Kodaly Educators National Honor Choir on March 20,
2007. Funding is available from the Miscellaneous Grant Funding Contingency.
(Motion to approve contribution of $1,500.00; Approved, 5-0)
G. REVISED/PLAYERS INTERNATIONAL MANAGEMENT. INC. (PIM)
AGREEMENT: Consider approval of the revised agreement with Players
International Management, Inc. (pIM) extending the term of the agreement from 2011
to 2012, providing renewal for two (2) additional five (5) year terms upon consent of
both parties, and authorizing payment by the City of an extra $75,000.00 per year for an
extra event in the month of July. (Approved, 5-0 )
H. QUIET TITLE/232 NW 8TH AVENUE AND 315 SW 3RD STREET: Consider
authorization to Quiet Tide two (2) properties located at 232 NW 8th Avenue and 315
SW 3rd Street that are being transferred to the Community Land Trust for affordable
housing. (Approved, 5-0)
I. APPOINTMENT OF OUTSIDE COUNSEL/]ERROD MILLER, ET AL V.
DARREN COGONI. ET AL CASE: Consider approval of outside counsels, Fred
Gelston, Esq., and Jerry Barry, Esq. for the Jerrod Miller, et al v. Darren Cogoni, et al
case. (Approved, 5-0 )
J. PARTIAL RELEASE OF EASEMENT/BLOCK 77 DEVELOPMENT
GROUP, LC: Consider approval of a request from the Block 77 Development Group,
LC for a Partial Release of Easement regarding the placement of a sales trailer behind
Worthing Park. (Motion to approve partial release of easement; Approved, 3-2; Commissioner
Ellis and Mayor Perlman dissenting)
K. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for an unexpired term ending
January 14, 2010. Based upon the rotation system, the appointment will be made by
Commissioner Levinson (Seat #3). (Appointed Susan Kay and approved 5-0)
L. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board for an unexpired term
ending August 31, 2008. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5). (Appointed Keith Snider and approved 5-0)
M. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
one (1) alternate member and four (4) regular members to the Nuisance Abatement
Board for two (2) year terms ending March 31, 2009. Based upon the rotation system,
the appointments will be made by Commissioner Montague (Seat #4), Mayor Perlman
(Seat #5), Commissioner Ellis (Seat #1), Commissioner Fetzer (Seat #2) and
Commissioner Levinson (Seat #3). (Appointed Leonard Epstien and approved 5-0;
Appointed Philip Friedman and approved, 5-0; Appointed Kenneth Kaltman and approved, 5-
0; Appointed Todd L'Herrou and approved, 5-0; and Appointed Arline Sherman and approved,
5-0)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 59-06 (FIRST READING/FIRST 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 an 8.274 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 17 and 22 within the
subdivision at Christ the King Monastery of St. Clare, Inc., located at the southeast
comer of Sherwood Boulevard and Sutton Place. If passed, a second public hearing will
be scheduled for March 20, 2007. (Approved, 5-0)
B. ORDINANCE NO. 68-06 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendments to multiple sections of the Land Development Regulations
(LDR) Section 1.4.3, "Enforcement", Section 1.4.4, "Penalty", Section 2.2.6, "The
Historic Preservation Board", Section 2.4.6, "Procedures for Obtaining Permits and
Approvals", Section 3.2.4, "Standards for Specific Areas or Purposes", Section 4.1.4,
"Use of Lots of Record", Section 4.3.3, "Special Requirements for Specific Uses",
Section 4.4.17, "Residential Office District", Section 4.4.24, "Old School Square
Historic Arts District", Section 4.5.1, "Historic Preservation Sites and Districts", and
Appendix "A", Definitions, as recommended after a comprehensive review of the
Delray Beach Historic Preservation Design guidelines. If passed, a second public
hearing will be scheduled for March 20, 2007. (Approved, 3-2; Commissioner Montague
and Commissioner Fetzer dissenting)
C. 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) (POSTPONED due to the request from the
applicant)
D. DEVELOPER'S AGREEMENT /CANNERY ROW, LLC: Consider approval of
a development agreement with Cannery Row, LLC regarding the purchase and use of
the Community Facility Property and the dedication of the Park Property located in the
Cannery Row Development. (REMOVED)
E. ORDINANCE NO. 6-07 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.4.13, "Central Business (CBD) District," Subsection (F), "Development
Standards," relating to the Downtown Delray Beach Design Guidelines. (Approved, 5-0)
F. ORDINANCE NO. 8-07 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to the Land Development Regulations Article 4.5 (Overlay
and Environmental Management Districts), Section 4.4.9 GC (General Commercial
District) and Section 4.4.12 PC (planned Commercial District) to accommodate
redevelopment at the intersection of West Atlantic Avenue and Military Trail. If passed,
a second public hearing will be scheduled for March 20, 2007. (Approved, 5-0)
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G. ORDINANCE NO. 7-07: An ordinance amending Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the Code of Ordinances by amending
Section 33.66, "Finances and Fund Management", revising investment provisions.
(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. 9-07: Rezoning of a 0.78 acre parcel of land from GC (General
Commercial) to AC (Automotive Commercial) for Delray Cycle, located on the east side
of Dixie Highway, between Gulf Stream Boulevard and NE 23rd Street. If passed, a
public hearing will be scheduled for March 20, 2007. (Approved, 5-0)
B. ORDINANCE NO. 10-07: Privately initiated amendment to the Land Development
Regulations to establish an overlay district for family workforce housing within the MIC
(Mixed Industrial and Commercial) zoning district for the Depot Road Property. If
passed, a public hearing will be scheduled for March 20, 2007. (Approved, 5-0)
C. ORDINANCE NO. 11-07: Privately initiated amendments to the Land Development
Regulations, Article 4.7, "Family Workforce Housing," Section 4.7.2, "Applicability," to
allow payment of a fee to the Delray Beach Community Land Trust in lieu of providing
Workforce Housing units on site in order to qualify for increased height or density in
the CBD (Central Business District). If passed, a public hearing will be scheduled for
March 20, 2007. (Approved, 5-0)
D. ORDINANCE NO. 12-07: City initiated amendment to the Land Development
Regulations (LDR), enacting Section 2.4.11, "Developer's Agreements", to allow the
City to enter into Developer's Agreements, when it is in the best interest of the City. If
passed, a public hearing will be scheduled for March 20, 2007. (Approved, 5-0)
E. ORDINANCE NO. 13-07: City initiated amendment to the Land Development
Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program", Subsection
8.S.1(e), "Ownership and Maintenance", and Section 8.5.2, "Public Art Advisory
Board", to provide clarification as to the use of funds for the Public Arts Program. If
passed, a public hearing will be scheduled for March 20, 2007. (Approved, 5-0)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 2, 2007
****** Meeting adjoumed at 9:06 p.m. ******
03-05-2007
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