05-06-08 Agenda ResultsCity of Delray Beach
Regular Commission Meeting
RULES 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 are business meetings
Tuesdayr. May_6. 2008 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 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 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,
Phone: {561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 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, (N[at•or I~.llis and C:onunissioncr iVicDuffic absent}
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Vke i49a~-or noted a 'Title change for Item 8.J., 13id ,Award/Stuart and Shclbv
Dc~~clopmcni-(~ulfstrc:rm Rot>#ing/i35 N.1~'. 5`~' Avcnuc; Additional information (Board Order) For
Itci17 9.C:., f:nnditional lase Rcyucsr/Villages Parc; ,ldditional information (Board Order} for item 9. D.,
Rcconsidcration of 5pccial Actirrn Request/Of#icc Dcprn/CVS PE~armacy 13uilduig and this item was
pnstponccl ~o the ~unc .3, 2(I(l~ Rc}~ular (;ommission 14ceting; 8.1'., Olcl ~cl~ool tiquarc Park F?rpansion
Phase Onc ;~la~~cr Si€c flan/(~lartinl; ~ac~son hcrchcr Angiin, [nc., was tnovcd t~ the ]Zcl?ular :lgcnda
as Item 9.x1..1 ,Item `1.1?., 1C'aiver Requests/Oftice Depot/CC'S Pharmacy l;uilding Dcvclopmcnta]
Proposal vas postponed to the June 3, 2(1(18 Re};ular (;rnnmission Meeting; Approved as amended, 3-(l)
5. APPROVAL OF MINUTES:
• Apri115, 2008 -Regular Meeting (;1ppr~n<ed, 3-(~)
6. PROCLAMATIONS:
A. Recognizing and commending Melissa Backus - Administration/Recreation
Division -Parks and Recreation Department Employee of the Year fox 2007; Luigi
Pratt -Ocean Rescue Division and Dexter Hazel -Parks Maintenance Division
as Parks and Recreation Top Employees of the Year fox 2007.
B. Recognizing Delray Intracoastal Cruise Tours -Joe & Kerry Reardon
C. Emergency Medical Services Week -May 18-24, 2008
D. Thexapy Dog Awareness Day -May 10, 200$
E. P.A.N.D.O.R.A.'s Neutoendocrineimmune Disoxdexs Awareness Day -May 12, 2008
7. PRESENTATIONS:
A. S.P.LR.LT. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Employee Awards Presentation
B. Special Recognition Award Level 5 Fitness and Conditioning
C. Special Recognition Award -Dot Bast
D. Historic Preservation Board Awards Recognition
$. CONSENT AGENDA: City Managex Recommends Approval. (Approved as amended, 3-n)
A. RATIFI ATI N F THE TH ENTRAL REGIONAL TEWATER
TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the
action of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarter Annual Meeting of April 17, 2008.
05/06/200$
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B. REQUEST FOR SIDEWALK DEFERRAi../501 PALM TRAIL: Approve a
request to defer the installation of a sidewalk for 501 Palm Trail.
C. EASEMENT AGREEMENT/FLORIDA POWER & LIGHTISEACREST
O ER COMPLEX: Approve an easement agreement between the City and
Florida Power & Light, to grant access to the property described in "Exhibit A" for a
pad mounted transformer for the Seacrest Soccer Complex.
D. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/FIRE STATION
NO. 4: Approve an easement agreement between the City and Florida Power & Light,
to grant access to the property described in "Exhibit A" for a pad mounted transformer
far Fire Station No. 4.
E. HOLD HARMLESS AGREEMENT/DEPOT INDUSTRIAL CENTER,
LLC/HISTORIC DEPOT SQUARE: Approve and authorize a Hold Harmless
Agreement between the City and Depot Industrial Center, LLC., for work to be
performed within the State right-of--way.
F. MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA
G. RESOLUTION NO. 14-08/REIMBURSEMENT RESOLUTION: Approve and
adopt Resolution No. 14-08 which allows the City to be reimbursed from future
borrowing for expenses relative to parking meter equipment.
H. SPECIAL EVENT REQUEST/2008 EXCLUSIVE SPORTS MARKETIN
LLEYBALL TOURNAMENT• Approve a request from Exclusive Sports
Marketing for the 2008 Exclusive Sports Marketing Volleyball Tournaments to be held
at the municipal beach on May 17 to May 18, 2008 and July 19 to July 20, 2008.
I. AMENDMENT NO. 1/INTERLOCAL ..AGREEMENT/COMMUNITY
REDEVELOPMENT AGENCY/135 N.W. 5'~AVENUE: Approve Amendment
No. 1 to the Interlocal Agreement between the City and the Community
Redevelopment Agency (CRA) for construction/renovations to 135 N.W. 5`" Avenue.
J. BID A ARD T ART AND SHELBY DE L PMENT-GULFSTREAM
ROOFING/135 N.W. 5`~ AVENUE: Approve a bid award to Stuart and Shelby
Development/Gulfstream Roofing in the amount of $610,723.00 for the rehabilitation
of 135 N.W. 5's Avenue contingent upon approval by the Community Redevelopment
Agency (CRA).
K. PROPOSED BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL
lCSC~./BEACON CENTER AT VILLAGE ACADEMY: Authorize staff to submit
the proposed budget funding request for Fiscal Year 2008/2009 to the Children's
Service Council of Palm Beach County in the amount of $807,460.00 for the program
and services associated with the Beacon Center at Village Academy.
05/06/2008
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L. SPECIAL EVENT RE(?UEST~ART AND JAZZ ON THE AVENUE: Approve
a special event request fox the Art and Jazz on the Avenue to be held on June 2G, 2008,
from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6{F)
for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7~' Avenue,
Railroad Avenue from Atlantic north to north side of the east/west alley, and to the
alleys north and south of Atlantic on NE/SE ls` Avenue, NE/SE 2"d Avenue, SE 3~'
Avenue, NE/SE 4~' Avenue, and the Tennis Centex Parking lot and to authorize staff
support fox security and traffic control, EMS assistance, banner hanging and removal,
barricade set up and removal, trash removal and clean up; contingent upon receipt of a
hold harmless agreement.
M. REVIEW OF APPEALAB)~.E LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
Apri114, 2008 through May 2, 2008.
N. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Ron Bell Roofing, Inc. in the amount of $37,200.00 for the re-
roofing of Fire Station No. 3. Funding is available from 3346112-522-46.15
(General Construction Fund/Roof Repair-Fire Station}.
2. Bid award to Ron Bell Roofing, Inc. in the amount of $95,900.00 for the re-
roofing of the former engineering office space. Funding is available from 442-
5178-536.62-10 (Water & Sewer Renewal & Replacement
Fund/Buildings/Buildings).
3. Rescind contract award to APC Systems in the amount a£ $302,610.00 and
award contract to North Star Technical Services, Inc. in the amount of
$227,500.00 for the purchase and installation of specialty equipment for the new
Information Technology (IT) Building under Florida State Contract #250-000-
03-1 Funding is available from 334-6112-519-62.85 (General Construction
Fund/Capital Outlay/City Hall Exp-IT Building}.
4. Purchase award to AT&T Business, in the amount of $50,515.29 for
software/hardware upgrades to the Nortel Option 11C PBX System located in
both the Police Department and City Hall. Funding is available from 001-1802-
512-66.10 (General Fund/Books & Publication/Software), 001-1802-512-64.11
(General Fund/Machinery & Equipment/Computer Equipment), 001-2111-
521-66.10 (General Fund/Police/Books & Publication/Software) and 001-211-
521-64.11 (General Fund/Police/Machinery & Equipment/Computer
Equipment).
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9. REGULAR AGENDA;
A.A. SERVICE AUTHORIZATION NO. 07-01/MOCK, ROOS & ASSOCIATES:
Approve Service Authorization No. 07-01 to Mock, Roos & Associates in the amount
of $95,000.00 fox the final design permitting and bidding of the Intracoastal Waterway
Educational Passive Park. Funding is available from 119-4151-572-6$.35 (Beautification
Trust Fund/Other Improvements/ Intracoastal Waterway Educational Passive Park).
(~lr~tinn try TABLE; ;lpprrwed, 3-0}
A. WAIVER REQUEST/ED MORSE CADILLAC: Consider a request for waiver of
Land Development Regulations (LDR), Section 2.4.6(F), "Temporary Use Permit",
allowing the installation of a 1,728 square foot temporary modular building for Ed
Morse Cadillac located at 2300 South Federal Highway. (Quasi Judicial Hearing)
(ti[otirni tc~ adopt Board {)rdcr as presented; ;lpprovcd, 3-0)
B. WAIVER REQUEST/DELRAY MAZDA: Consider a request for waiver of Land
Development Regulations {LDR), Section 4.6.7(E)('7), "Sign Design Standards",
allowing two (2) flat wall signs on the west elevation of the Delray Mazda property
located at 2001 South Federal Highway. (Quasi Judreial Hearing) (Moricm to adopt
Board (hdcr as presented; .lpprovcd, 3-(1)
C. CONDITIONAL USE EXTENSION RE~UESTlVILLAGE PARC: Consider a
request to extend the conditional use allowing an increase in the residential density in
excess of 12 dwelling units per acre (17.8 proposed) pursuant to Land Development
Regulations (LDR) Section 4.7, "Family/Workforce Housing", associated with the
construction of a stand alone residential development containing 104 townhome units.
(QuasiJudrCialHearir~g) (Motion m adopt Board Order as presented; ,Apprrn-ed, 3-0)
D. RECONSIDERATION OF SPECIAL ACTION REOUE$T/ FFI E
DEPOT/CVS PHARMACY_ BUILDING: Cansider a request for reconsideration to
reduce the parking spaces required pursuant to Land Development Regulations (LDR)
Section 4.6.9(C)(3){A), "Requirements for Commercial Uses", by 56 spaces (from the
155 parking spaces required to the 99 spaces provided), for the Office Depot -CVS
Building located at 700 N.E. 6`" Avenue. (Quasi Judicial Hearing) (Motirm to
POST>'ONE items 9. D. and 9. F;. to the June 3, 2008 Regular [;ommission ~1cctin~;;
:lpprorcd, 3-0)
E. WAIVER REQUESTS/OFFICE DEPOT/CVS__ PHARMACY _ BUILDING
DEVELOPMENT PROPOSAL; Consider three {3) waiver requests to waive Land
Development Regulations (LDR) Sections 4.6.14 (A}(1) and (2), "Visibility at
Intersections", to reduce the required visibility triangle on the south side of the
intersection of the driveway to N.E. 5s' Avenue from 20' to 15'; and to reduce the
requited visibility triangles at the intersections of N.E. 5~' Avenue and N.E. $~` Street
and at N.E. 6~' Avenue and N.E. 7`s Street from 40' to 30'. (Quasi Judicial Hearing)
(iVlot~on rn POSTPONE Items 9.1~. and 9.1?,. to the ),unc 3, 2008 Regular Commission
Meeting; ,Approved, 3-0)
as/o6/2oos
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F. OLD.. SCHOOL SQUARE PARK EXPANSION PHASE ONE MASTER_ SITE
PLAN/GLATTING ,JACKSON KERCHER ANGLIN, INC.: Consider approval
for Glatting Jackson Kercher Anglin Inc. to proceed with design of the Old School
Square Park Expansion Phase One based on the proposed master site plan. (Motion to
POSTPONE ur,ril nc~ L1ar 13, ?(1(1~i Special/1~'nrkshnp ,V[ectulg; rlpprovcd, 3-(1}
G. RESOLUTION NO. 16-08/MID YEAR BUDGET AMENDMENT: Consider
approval of Resolution No. 16-08 amending Resolution No. 55-07 adapted September
18, 2007, which made appropriations of sums of money for all necessary expenditures
of the City of Delray Beach for the FY 2007/2008, by setting forth the anticipated
revenues and expenditures for the operating fluids of the City for FY 2007/2008.
(.lpprn~-cd 3-11}
H. PROPOSED AMENDMENT/IN-LIEU PUBLIC PARKING FEES: Consider
whether to proceed with a City initiated amendment to the Land Development
Regulations (LDR) Sections 4.6.9(E}(3) and (4) to increase current in-lieu and public
parking fees, pursuant to LDR Section 2.4.5(NI){5). The associated map, LDR Section
4.G.9(E)(3)(b), would also be amended to reflect the increased fees. (Conscnsrrs of nc~
(;c,minission to hrin~; this back in siz {O months)
I. AGREEMENT/WIFI SERVICES/E-PATH__ COMMUNICATIONS OF
DELRAY BEACH: Consider approval to terminate the contract with E-Path
Communications of Delray Beach in accordance with contract requirements and to seek
an immediate termination upon obtaining a waiver of contractual requirements if
possible. {i~lnrinn to terminate the contract with L3-Pat1~ Communications of Delray Beach;
,lpprrn-cd, 3-(1)
J. SETTLEMENT OFFER IN ROBERT HAUPTFUHRER y. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the total amount of $25,000.00 in
Robert Hauptfuhrer v. City of Delray Beach. Staff recommends approval subject to the
receipt of the appropriate releases. (iVlc>rion ro approve; ;lppmved 3-{l)
K. QFFER OF iUDGEMENT IN HEATHER LEITCH_ v: CITY OF DFLRAY
BEACH: Consider an Offer of Judgment for the total amount of $100,000.00 in
Heather Leitch v. City of Delray Beach. Staff recammends denial. (Motion to apprnvc;
DENIED, 3-(1)
L. A TH RIZATI N T PT T F A LAS A I N
LAWSUIT/ADDISON AND PETIT V. CITY OF TAMPA: Consider a request
for authorization to opt out of a Class Action Lawsuit entitled, Addison and Petit v.
City of Tampa. (~tifotian to apprnvc; ,lpprnvc 3-(l}
M. APPOINTMENT TO THE BO OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment to serve an unexpired term ending
August 31, 2009. Based upon the rotation system, the appointment will be made by
Mayor Ellis (Seat #5). {DEFERRED to the May 20, 208 Regular Commission Meeting)
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N. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Dekay Beach Housing Authority for an
unexpired term ending July 14, 2010. Based upon the rotation system, the
recommendation for appointment will be made by Commissioner Eliopoulos {Seat #1).
(;1~1~r>intcd ltu~~cll Yca~cr and al~pr<n~cd 3-()}
O. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) regular member to the Parking Management Advisory
Board to serve an unexpired term ending January 31, 2010. Based upan the rotatian
system, the appointment will be made by Commissioner Eliopoulos (Seat #1}.
(:Il~l~~~in3ccl john Gcr~;ccs and a~l~rrn~ec3 3-(1)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 17-08 FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2008-1~ Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated
Future Land Use Map (PLUM) amendments, and authorize transmittal to the State
Department of Community Affairs. Amendment 2008-1 includes the Text Amendment
and Future Land Use Map Amendment. (THIS ORDINANCE IS REQUESTED
TO BE POSTPONED TO COME BACKAS A PUBLIC HEARING ON MAY
20. 2Q(I8) ;POSTPONED to the ~\~far 2(~, ?{11')H lzc~;ulnr ~1~lccting; :ApproF~cd, 3-(1}
B. ORDINANCE NO. 31-07 SECOND READING/SECOND. PUBLIC
HEARINGI: Privately initiated amendment to the Land Development Regulations
amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property
that is allowed the permitted uses of the Central Business District {CBD) Zoning
District; amending Subsection 4.4.24(F), "Development Standards", to include an
additional property in the Old School Square Historic Arts District (OSSHAD) that is
subject to the standards of the Central Business District {CBD) Zoning District.
/APPLICANT' HAS REOUESTED POSTPONEMENT TO , UT NE 3, 2008
RE ULAR MEETING . (POSTPONED duc to a reducst from aP~licult to the ~unc 3.
'?~111Fi Re~~tilar ~lcctin~;; ah~roved, 3-I1}
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.
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12. FIRST READINGS:
A. ORDINANCE NO. 08-08: An ordinance repealing, in it entirety, Chapter 57, "Right-
of--Way Application Process For Communications Facilities", of the Code of
Ordinances and enacting a new Chapter 57, "Communications Facilities in Public
Rights-of-Way", to provide the terms and conditions for the erecting, constructing, and
maintaining of a communications facility in the City's public right-of--way for the
provision of communications service. If passed, a public hearing will be scheduled for
May 20, 2008. (Appr~vcd, 3-~i)
B. ORDINANCE NO. 21-08: An ordinance amending Chapter 36, "Finance; City
Property Transactions", Section 36.01, "Compliance With Standard Practice
Instructions", by pxoviding that bidding for Community Development Block Grant
projects shall be included as an exception from the Standard Practice Instruction. If
passed, a public hearing will be scheduled fox May 20, 2008. (Approved, 3-~)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. Ciry Commission
POSTED: MAY 2, 2008
****** Meeting adjourned at 8:20 p.m. *****
05/06/2008
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