12-11-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
***AGFNDA R1~SU7;1'S***
RULE8 FOR PUBLIC PARTICIPATION
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 aze business meetings
Tuesday, December 11.2007 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall 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 aze specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. 8IGN 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. ADDRE88ING 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 ofI-icer 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.
1001VW let Avenue
Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to parddpate in and enjoy the benefits of a service,
Phone: (561) 243-7000 progxa:n, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 24 hours prior to the event in order fox the City to accommodate your request.
Adaptive listening devices aze 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.S.6., Bid Awaxd/Ron Bell, Inc. was added to the
Consent Agenda by addendum; Item 9. U., Purchase Award/MWI Corporation was added [o the Regular
Agenda by addendum; Item 9.A., Appeal of Sitc Plan Rcview and Appearance Board
Decision/Pediatrics By 1'he Sea and Item 9.B., Waiver Requests/Pediatrics By'Phe Sea were conducted
as one hcuing; Items 9. H., Waiver Request/Spady Cultural Complex and 9. L, Conditional Use
Hstension Request/Spady Cultural Complex were conducted as one hearing; Items 10.A., Ordinance
No. 4G-07; 10.A.1. Appeal/Site Plan Review and Appearance Board Actions/Midtown Delray and
10.A.2., Waiver Requests/Midtown Delray were conducted as one hearing; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
November 6, 2007 -Regular Meeting (Approved, 5-0)
November 2Q 2007 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Martin Luther King, Jx. Day -January 21, 2008
PRESENTATIONS:
A. RESOLUTION NO. 68-07: Recognizing and Commending Captaia Mark S. Davis
for 30 years of dedicated service to the City of Dekay Beach
B. City of Delray Beach Residents' Academy Certificates -Janet Meeks
C. Chiefs Achievement Awaxd for the Deray Beach Police Department Dive Team -
Chief Schroeder
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-n)
A. RATIFICATION OF THE APPOINTMENTS TO THE KIDS AND COPS
COMMITTEE: Approve and ratify certain appointments to the Kids and Cops
Committee to serve two (2) year terms ending November 30, 2009.
B. RESOLUTION NO 69 07/ALTERNATIVE WATER SUPPLY
GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMDl; Approve and adopt Resolution No. 69-07 authorizing execution of an
Alternative Water Supply Grant Agreement with the South Florida Watet Management
District (SFWMD) for funding in the amount of $619,700.00 for the constmction of the
Area 4 Reclaimed Water Transmission System Project.
12=11-2007
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C. RATE ADTUSTMENTS/AMENDMENT NO 6/DAVID MILLER AND
ASSOCIATES. INC.: Approve Amendment No. 6 to David Miller and Associates,
Inc. Architectural Services Agreement Section VII(A)(2)(a) to adjust the hourly rates by
five percent (5%).
D, cTATF HOUSING INITIATIVE PARTNERSHIP ($HIPl
ALLOCATION FOR FY 2007-2008 RECAPTURED FUNDS: Approve and
authorize the Ciry to allocate the recaptured funds for FY 2007-2008 for the purchase
of existing and/or construction of new single family homes, townhouses and
condominiums in partnership with a participating Community Development
Corporation (CDC) and/or eligible non-profit organizations. Funding is available from
118-1924-554-49.20 (State Housing Initiatives Partnership).
E.
CENTER: Approve an amendment to the Memorandum of Agreement (MOA) with
the United Way of Palm Beach County (UWPBC) for the Prosperity Center at the
Neighborhood Resource Center providing that the City will fund a one (1) time grant in
the amount of $22,000.00 in support of the Prosperity Center Manager position for FY
2007/2008.
F.
CHILDREN AND FAMILIES: Approve an Amendment to the agreement between
the Ciry and the Achievement Centers for Children and Families (ACCF), to include
funding in the amount of $52,000.00 for the teen program provided through the Parks
and Reczeadon Department for FY 2007/2008. Funding is available from 001-4111-
572-83.01 (General Fund/Other Grants and Aids).
G. REQUEST FOR SIDEWALK DEFERRAL/1516 LAKF DRIVE• Approve a
request to defer the installation of a sidewalk in front of 1516 Lake Drive.
II, FiNAl SUBDIVISION PLAT APPROVAL/OLD SCHOOL SQUARE
PARKING GARAGE AND PARK SITE PLAT: Approve the subdivision plat for
the Old School Squaze Parking Garage and Park Site Plat, located in Block 76 and
bounded by an alley on the south, N.E. 1" Avenue on the west, N.E. 1" Street on the
north and Pineapple Grove Way (N.E. 2"' Avenue on the east).
I. SF'RVIGE ALITHOIZiZATION NO 04-015/CH2M HILI„ IN .: Approve
Service Authorization No. 04-01.5 (Amendment 5 to Service Authorization No. 1) to
CH2M Hill, Inc. in the amount of $12,211.00 for professional engineering services in
identifying pre-treatment options for removing contaminants from the Aquifer Storage
and Recovery Well. Funding is available from 442-5178-536-46.90 (Water/Sewer
Renewal & Replacement Fund/Other Repair & Maintenance Costs).
J. ('DBG COI`TSOLIDATED AI~,"`rrJAL PERI7ORMANGE AND EVALUATION
REPORT (CAPERI: Approve the Community Development Block Grattt (CDBG)
Consolidated Annual Performance and Evaluation Report (CAPER) for FY 2006-2007
as required by the U.S. Department of Housing and Urban Development
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K. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve a
Housing Rehabilitation grant/contract awazd to Master Contractors, Inc. in the amount
of $21,614.25. Funding is available from 118-1963-554-49.19 (Community
Development Fund/Housing Rehabilitation); and approve a waiver request to the
Neighborhood Services Division's approved Policies and Procedures that limits bid
awazds to be within ten percent (10%) of the in-house estimate.
L.
BEACH COUNTY: Approve and authorize the execution of a funding agreement
with one (1) sub-recipient (the Urban League of Palm Beach County, Inc.) under the
Community Development Block Grant (CDBG) program for FY 2007-2008, with the
total funding in the amount of $7,410.00. Funding is available from 118-1966-554
83.01 (Community Development Fund/Other Grants and Aids).
M.
CHILDREN AND FAMILIES: Approve and authorize the execution of a funding
agreement with one (1) sub-recipient (Community Child Caze Center d/b/a
Achievement Centers for Children and Families) under the Community Development
Block Grant (CDBG) program for FY 2007-2008, with the total funding in the amount
of $75,000.00. Funding is available from 118-1966-554-83.01 (Community
Development Fund/Community Child Caze Center).
N
TRANSPORTATION (FOOT)/LANDSCAPE IMPROVEMENTS: Approve a
Memorandum of Agreement (MOA) with the Florida Deparunent of Transportation
(FOOT) for the maintenance of landscaping along SR 806 (E/W Atlantic Avenue) from
S.W./N.W. ]2's Avenue to SR AIA; and approve Resolution No. 70-07.
O. SPEGLAI~ EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a
special event request for the Art & Jazz on the Avenue scheduled for January 17, 2008
from 6:00 p.m. to 10:00 p.m.; granting a temporary use pemut per LDR Section 2.4.6(F)
for the closure of Atlantic Avenue from Swinton Avenue to the west side of N.E./S.E.
7'" Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley,
and to the alleys north and south of Adandc on N.E./S.E. 1" Avenue, N.E./S.E. 2"d
Avenue, S.E. 3`d Avenue, N.E./S.E. 4`" Avenue, and authorize staff support for secudry
and traffic control, banner hanging/removal, barricade set-up/removal, trash removal,
clean up assistance, and with payment of costs to the City per the agreement between
the Ciry and the Downtown Marketing Cooperative.
p. COIV'''RACT RENEWAL/HB ACTUARIAL SERVICES. ING.: Approve
renewal of an agreement with HB Actuarial Services, Inc. in the amount of $12,000.00
for professional services related to property and casualty insurance. Funding is available
from 551-1575-591-31.90 (Business Insurance Fund/Other Professional Services).
12-11-2007
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Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS•
Accept the actions and decisions made by the Land Development Boards for the period
from November 19, 2007 through November 3Q 2007.
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boazds for the period
from December 3, 2007 through December 7, 2007.
S. AWARD OF BIDS AND CONTRACTS:
1. Contract awazd to RSI of Florida in the amount of $174,993.00 fox the Fire
Station No. 2 Re-Roofing Project. Funding is available from 3346112-522-
46.15 (General Construction Fund/Roof Repair-Fire Station).
2. Contract awazd to Total Quality Construction Services, Inc. in the amount of
$156,727.74 for the construction of the west pazking lot at the Delray Beach
Swim and Tennis Center. Funding is available from 117-4133-572-65.57
(Recreation Impact Fee Fund/Swim and Tennis Parking Lot).
3. Purchase awazd to The Armored Group, LLC in the amount of $96,335.00 fox
the purchase of a new SWAT truck for the Delray Beach Police Department.
Funding is available from 501-3312-591-64.20 (Central Garage
Fund/Automotive).
4. Purchase awazd to Chaz Equipment Inc. in the amount of $50,000.00 for
Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the
current annual contract. Funding is available from 442-5178-536-63.82
(Water/Sewer Renewal & Replacement Fund/Sanitazy Sewer Manhole
Rehabilitation).
5. Purchase awazd to Line-Tee, Inc. in the amount of $25,000.00 for the Water
Service Relocations. Funding is available from 442-5178-536-65.17
(Water/Sewer Renewal & Replacement Fund/Water Service Relocations).
6. Bid awazd to Ron Bell, Inc., the lawert bidder, in the amount of $20,780.00 fox the
replacement of the roof over the living quarters at Fire Station No. 5. Funding
is available from 001-2311-522-46.10 (General Fund/Building Maintenance).
(Addendum)
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/PEDIATRICS BY THE SEA• Consider an appeal of the Site Plan
Review and Appeazance Boazd's decision regazding the building elevations associated
with the Class IV site plan modification for Pediatrics By The Sea, located at 285 S.E.
5s' Avenue. (QuaSI JudiCia/ Hearing) (Motion to adopt Board Order as presented;
Approved, 5-0)
12-11-2007
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B. WAIVER REQUESTS/PEDIATRICS BY THE SEA: Consider a request fox
waivers associated with the Class IV Site Plan Modification fox Pediatrics By The Sea
located at the northeast cornet of S.E. 5`" Avenue and S.E. 3`d Street (285 S.E. 5's
Avenue). (Quasi Judicial Hearing) (Motion to adopt Board Order as presented;
Approved, 5-0)
C. WAIVER REQUESTS/ONNEN DISASTER AND RECOVERY CENTER:
Consider a request for waivers associated with the Class IV site plan modification for
Onnen Disaster and Recovery Center, located at 234 N.E. 4s' Avenue. (Quasi Judicial
Hearing) (Motion to adopt Board Ordcc as presented; Approved, 5-0)
D. CONDITIONAL USE REQUEST/WAL-MART: Consider a conditional use
request to allow the establishment of a 24hour ox late night business for Wal-Mart,
located on the west side of Military Trail, approximately 650 feet south of Linton
Boulevazd (16205 South Military Trail). (Quasi Judicial Hearing) (Motion to adopt
Board Order as prescn[ed; Approved, 4-1. Commissioner EGopoulos dissenting.)
E. ['ONDITIONAL USE EXTENSION REQUEST/ATLANTIC SHORES:
Consider a conditional use extension request to increase the building height to a
maximum of 60 feet and to allow an increase above 30 dwelling units per acre (41.30
du/ac) for Atlantic Shores, a proposed residential development pursuant to Land
Development Regulations (LDR) Section 2.4.4.(F)(1) and (2), "Extensions". Atlantic
Shores is located on the west side of S.E. 2"d Avenue, approximately 80 feet south of
S.E. 1" Street. (Quasi JudiCla/ Heating) (Motion to adopt Board Order as presented;
Approved, 5-0)
F. WAIVER REQUESTS/H_AI~IMAD SHOPPES: Considex two (2) waiver requests
associated with the Class III Site Plan Modification fox the property located at 139 N.W.
5`" Avenue, Hammad Shopper, West Settlers Historic District. (Quasi Judicial
Heating) (Motion to adopt Board Order as presented; Approved, 5-0)
G. WAIVER REQUESTS/COMMUNITY LAND TRUST. INC.: Considex a
request for waivers 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 Housing Ordinance for four (4) pazcels submitted fox
permitting by the Community Land Trust, Inc. The properties aze located at 313 S.E.
5's Street, 317 S.E. 5`" Street, 46 N.W. 11`" Avenue and 48 N.W. 11s' Avenue. (Quasi-
JudlCial Heating) (Motion to adopt Board Order as presented; Approved, 5-0)
H. WAIVER REQUEST/SPADY CULTURAL GOMPLEX• Consider a waiver
request associated with the Class IV Site Plan Modification for the property located at
154 -170 N.W. 5's Avenue, Susan Williams House and Spady Cultural Complex, located
within the West Settlers Historic District. (Quasi Judicial Hearing) (Motion to adopt
Board Order as presented; Approved, 5-0)
12-11-2007
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I. CONDITIONAL USE EXTENSION REOUEST/SPADY CULTURAL
COMPLEX: Consider a conditional use extension request for 154 - 170 N.W. 5`"
Avenue, Susan Williams House and Spady Cultural Complex, located within the West
Settlers Historic District. (Quasi Judicial Hearing) (Motion co adopt Board Order as
presented; Approved, 5-0)
J. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY
2006 - 2007 bonus payment to JCD Sports Group fox both golf operations in the
amount of $12,206.25 and fox Tennis Centex operations in the amount of $3,795.00.
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 Professional Services) and 001-4210-575-34.90 (General Fund/Tennis
Operations/Staditun/Other Professional Services). (Moron to approve bonus payment to
JCD Sports Group as recommended by staff Approved, 5-0)
K. SPECIAL EVENT PERMIT REOUEST/BOWFIRE _ CONCERT/OLD
SCHOOL SQUARE: Consider approval of a pexxnit request for the Bowfire Concert
sponsored by Old School Square proposed from 8:00 p.m. to 10:00 p.m. on January 11,
2008, at Old School Square; authorize staff support for security and traffic control, trash
pick up and removal, bamcade assistance, trash boxes, provide 4'x 4' event signage;
authorize reserved parking in the Old School Square Parking Garage; contingent on the
receipt of a hold harmless agreement and receipt of the certificate of liability insurance.
(Motion to approve subject to staff recommendations; Approved, 5-0)
L. cPFrra EVENT PE MIT REQUEST/HERE AND NOW CONCERT
(THE LEGACY OF LUTHER VANDROSSI/OLD SCHOOL SOUARE:
Consider approval of a permit request fox the Here and Now: The Legacy of Luther
Vandross Conceit sponsored by Old School Square proposed from 8:00 p.m. to 10:00
p.m. on January 31, 2008, at Old School Square; authorize staff support for security and
traffic control, trash pick up and removal, barricade assistance, trash boxes, provide 4'x
4' event signage; authorize reserved parking in the Old School Squaze Parking Garage;
contingent on the receipt of a hold harmless agreement and receipt of the certificate of
liability insurance. (Motion to approve subject to staff recommendations; Approved, 5-0)
M. AUTHORIZATION TO FILE COMPLAINT FOR INJUNCTIVE
RELIEF/LYDIA R. SMILEY: Consider a request authorizing the City to file a
Complaint for Injunctive Relief against Lydia R. Smiley for failing to comply with
Section 91.02(A) of the Code of Ordinances pertaining to keeping poultry on residential
property when 1t 1s prohibited. (Motion to authorize the City to file a Complaint for
Injunctive KeGeE; Approved, 5-0)
N. APPFAi OF FEMA FUNDING DETERMINATION FOR HURRICANE
FRANCES: Consider a request authorizing the City to appeal the decision made by
FEMA through their audit process, that the City received approximately $495,000.00 in
funds that was an overpayment from FEMA. (Motion to authorize the Ciry to Ele an
appeal; Approved, 5-0)
12-11-2007
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O. SETTLEMENT OFFER/QUIET TITLE ACTION/CHARLES POWELL V.
THE CITY: Consider approval of a Settlement Offer in the amount of $485.85 in the
Quiet Title Action of Chazles Powell v. the Ciry. Staff recommends approval subject to
the receipt of the appropriate releases. (Motion to approve settlement offer as
recommended; Approved, 5-0)
P. RESOLUTION NO. 71-07: Consideration of Resolution No. 71-07 regarding the
City pursuing measures to become a "Green Local Government" using the Green Local
Government Standazd developed by the Florida Green Building Coalition. (Motion to
approve Resolution No. 71-07; Approved, 5-0)
Q. U.S. 1 CORRIDOR/TEMPORARY IMPROVEMENTS: Consider approval of
the implementation of the proposed temporary improvements along SE/NE 5'" Avenue
and SE/NE 6's Avenue between SE 10`" Street and George Bush Boulevard. Cost of
temporary installation not to exceed $670,000.00. Funding will be provided by the
Community Redevelopment Agency (CRA). (First motion to approve implementation of
the temporary improvements; Approved, 4-l. Commissioner Fetzer dissenting. Second motion
to continue the commission meeting pas[ 11:00 p.m.; Approved, 5-0)
R. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE• Appoint three
(3) regular members to the Kids and Cops Committee to serve two (2) year terms
ending November 30, 2009. Based upon the rotation system, the appointments will be
made by Mayor Ellis (Seat #5), Commissioner Eliopoulos (Seat #1) and Commissioner
Fetzer (Seat #2). (appointed )ennifcr F3uce and approved, 4-0; appointed Cory Cassidy and
approved, 40; and appointed Officer Francis Moschette and approved, 4-0. Commissioner
McDuffie away from dais)
S. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint one (1) regular member to the Downtown Development Authority (DDA) to
serve an unexpired term ending July 1, 2008. Based upon the rotation system, the
appointment will be made by Commissioner Eliopoulos (Seat #1). (Appointed Diane
Franco and approved, 4-0. Commissioner McDuffie away from dais)
T. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL•
Appoint one (1) regular member from Zone 1 to the Neighborhood Advisory Council
to serve an unexpired term ending October 31, 2008. Based upon the rotation system,
the appointment will be made by Commissioner McDuffie (Seat #3). (Appointed Ria
Santos and approved, 5-0. Commissioner McDuffie returned to dais)
U. PURCHASE AWARD/MWI CORPORATION• Consider approval of a purchase
awazd to MWI Corporation in the amotmt of $46,692.00 for a replacement storm water
pump at the Thomas Street Pump Station. Funding is available from 448-5461-538-
68.18 (Stormwater Utility Fund/Storm Water Pump St Rehab). (Addendum) (Motion to
approve; Approved, 5-0)
12-11-2007
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 46-07 (SECOND READING/SECOND PUBLIC
HEARINGI: Consideration of a rezoning request to allow a modification of the
Blood's Grove Special Activities District (S.A.D.), Zoning Ordinance No. 51-95, in
conjunction with a new mixed-use development known as Midtown Dekay containing
116 townhouse units (of which 32 units are subject to the family workforce housing
ordinance) and 29,571 square feet of medical offices to be located at the southwest
comer of Linton Boulevard and Old Germantown Road (4600 Linton Boulevard).
(QuadJudlCld Heathlg~ (Motion to approve Ordinance No. 46-07; Approved, ~-0)
1. APPEAL/SITE PLAN REVIEW AND APPEARANCE B
ACTIONS/MIDTOWN DELRAY: Consideration of an appeal regarding
the Site Plan Review and Appearance Board's approval of the site plan,
landscape plan and architectural elevations associated with the construction of a
proposed 116-unit townhouse development and 29,571 square foot medical
office building known as Midtown Delray, located at 4600 Linton Boulevard.
(QuasiJudlClal Hearing) (Motion to adopt Board Oedcr as prescnted; Approved,
5-0)
2. WAIVER REQUESTS/MIDTOWN DELRAY: Consider approval of two
(2) waiver requests associated with Ordinance No. 46-07. (Quasi Judicial
Heating (Motion to adopt Board Order as presented; Approved, 5-0)
B. ~ INANCE NO. 55-07 (FIRST READING/FIRST PUBLIC HEARING
City initiated amendments to the Land Development Regulations (LDR) amending
Section 1.4.3, "Enforcement"; Section 1.4.4, "Penalty", providing that neglect shall
constitute a nuisance and providing fox enforcement and penalties; Section 2.2.6(C),
"Meeting and Quorum", providing fox voting, 2.2.6(D), "Dudes and Responsibilities",
providing fox express authority fox the Historic Preservation Board to apply the
Historic Compatibility Regulations; Section 4.5.1(E), "Development Standards",
Subsection 4.5.1(E)(6), "Demolition", and 4.5.1(FJ, "Restrictions on Demolitions",
providing requirements fox the application and approval fox demolition. If passed, a
second public hearing will be scheduled fox January 3, 2008. (Motion ro POSTPONE
Ordinance No. ~5-07 on First Reading to January 3, 2008 Regular Commission. Commissioner
McDuffic awav from dais; Appeovcd, ¢0)
C. ORDINANCE NO. 57-07 (FIRST READING/FIRST PUBLIC HEARING).;
City initiated amendment to Land Development Regulations (LDR) Section 4.4.24
(B)(12), "Principal Uses and Structures", which specifies the accessory uses and
structures permitted in the Old School Square Historic Arts District (OSSHAD), to add
all of the accessory uses that axe also currently permitted in the Central Business District
(CBD). If passed, a second public hearing will be scheduled fox January 3, 2008.
(Motion to approve Ordinance No. 57-07 on Rirst Reading Approved, 4-0. Commissioner
McDuffic returned to dais and Commissioner Montague away from dais)
12-11-2007
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D. ORDINANCE NO 38-07 (FIRST READING/FIRST PUBLIC HEARINGI•
City initiated amendments to the Land Development Regulations (L.DR) which intend
to clarify the current regulations, provide parameters, and define compatible
development within the historic districts. The amendments intend to provide an
objective way of providing compatible new development within the City's five (5)
historic districts. If passed, a second public hearing will be scheduled for January 3,
2008. (This ordinance was TABLED by the Planning and Zoning Board at their
December 3, 2007 meetrng.) (Motion to TABLE Ordinance No. 38-07; Approved, 4-0.
Commissioner Montague away from dais)
E. ORDINANCE NO. 56-07: An ordinance amending Chapter 32, "Departments,
Boards and Commissions", of the Code of Ordinances of the City of Delray Beach,
Florida, by amending Section 32.41, "Composition; Terms; Appointment", to clarify the
composition of the Kids and Cops Committee. (Motion to approve Ordinance No. 56-07;
Approved, ~-0. Commissioner Montague resumed to dais)
I1. 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
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manages
B. City Attorney
C. City Commission
12-11-2007
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14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the case of:
Del Boca Vista, LLC, et al. v. City of Delray Beach
Case No. 07-80452-CIV-Middlebrooks
Attendees: Mayor Rita Ellis
Commissioner Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Woodie McDuffie
Commissioner Brenda B. Montague
City Manager David Harden
City Attorney Susan Ruby
Assistant City Attorney Terrill Pybum
A certified court reporter
Purpose: Discuss settlement negotiations and strategy related to litigation
expenditures in the above case.
15. SETTLEMENT OF:
Del Boca Vista, LLC, et al. v. City of Dekay Beach
Case No. 07-80452-CIV-Middlebxooks (City Commission provided direction to the City Attorney)
POSTED: DECEMBER 7, 2007
****** Meeting adjourned at 12.•13 a.m. ******
12-11-2007
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