08-04-09 Agenda Results RegularCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
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
Tuesday, August 4, 2009 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
100 NW 1st Avenue record.
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 u7 the Commission
Chambers.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.M., Developer's Agreement/Cannery Row,
LLC was moved to the Regular Agenda as Item 9.A.A. Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. July 7, 2009 -Regular Meeting (Approved, 5-0)
B. July 14, 2009 -Special Workshop Meeting (Approved, 5-0)
C. July 21, 2009 -Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
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 Quarter- Annual Meeting of July 16, 2009.
B. RESOLUTION NO. 33-09: Approve Resolution No. 33-09 supporting the Beach
Renourishment Project.
C. SERVICE AUTHORIZATION NO. 5/COASTAL PLANNING &
ENGINEERING, INC./BEACH RENOURISHMENT PROJECT:
Approve Service Authorization No. 5 for Coastal Planning & Engineering, Inc. to
proceed with the preliminary engineering and geotechnical engineering tasks for the
Beach Renourishment Project, at a cost not to exceed $428,412.00. Funding is available
from 332-4164-572-31.30 (Beach Restoration Fund/Professional
Services /Engineering/Architectural) .
D. ACCEPTANCE OF RIGHT-OF-WAY DEED/TASTE
RESTAURANT: Approve and accept aright-of-way deed associated with the Taste
Restaurant located at 169 and 171 Pineapple Grove Way (N.E. 2nd Avenue).
08/04/2009
-2-
E. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/251 DIXIE
BOULEVARD: Approve and accept aright-of--way deed associated with the approved
mixed-use development for property located at 251 Dixie Boulevard within the Del-Ida
Park Historic District.
F. DISASTER RECOVERY INITIATIVE (DRII /HOUSING
REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2)
Housing Rehabilitation grant awards to the lowest responsive bidders for the following
projects: 918 S.W. 3Td Court to Haywood Construction in the amount of $36,441.10 and
926 S.W. 11~' Terrace to Jemstone Construction Group in the amount of $28,828.28.
Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current
Charges/Housing Rehabilitation).
G. ANTI-DISPLACEMENT AND RELOCATION POLICY: Approve and adopt
an anti-displacement and relocation policy to be used in conjunction with the City's
community development programs.
H. SECOND ADDENDUM TO THE INTERLOCAL AGREEMENT/PALM
BEACH COUNTY SHERIFF'S OFFICE: Approve a Second Addendum to the
Interlocal Agreement between the City and the Palm Beach County Sherifps Office for
the Urban Area Security Initiative (UASI) Grant which will extend the grant period to
December 31, 2009.
I. AGREEMENT/UNITED STATES DEPARTMENT OF TUSTICE, DRUG
ENFORCEMENT ADMINISTRATION (DEAD Approve and accept a State and
Local Task Force Agreement between the City and the United States Department of
Justice, Drug Enforcement Administration (DEA), to reimburse the Delray Beach
Police Department for overtime up to $16,903.25 subject to availability of funds.
J. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY
MULTI-AGENCY VIOLENT CRIMES TASK FORCE/CRITICAL
INCIDENT PROTOCOL: Approve a Memorandum of Understanding with the
Palm Beach County Multi-Agency Violent Crimes Task Force (VCTF) and a
Memorandum of Understanding for the VCTF Critical Incident Protocol to update the
City's signatory to the agreement.
K. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAGS
FUND: Approve the Mayor's submission of a letter in support of the Countywide
Justice Assistance Grant funds (JAG) funding allocations for FY 2010.
L. PROPOSED MILEAGE RATE/DOWNTOWN DEVELOPMENT
AUTHORITY: Approve the Downtown Development Authority's proposed millage
rate for FY 2010.
M. .(MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDAI.
08/04/2009
-3-
N. SPECIAL EVENT REQUEST/15TH ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request to endorse the 15`'' Annual
Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held on
October 3 - 4, 2009 from 10:00 a.m. until 5:00 p.m., to grant a temporary use permit
per LDR Section 2.4.6(F) for use of N.E. 4`'' Avenue from Atlantic Avenue to N.E. 1S`
Street and from Atlantic Avenue to S.E. 1S` Street, to utilize the Hands parking lot for
vendor parking, to authorize staff support for traffic control and security.
O. SPECIAL EVENT REQUEST/4th ANNUAL WALK FOR LUPUS
NOW: Approve a special event request to endorse the 4th Annual Walk for Lupus
Now sponsored by the Lupus Foundation of America Southeast Florida Chapter
proposed to be held October 31, 2009 from 8:00 a.m. until noon, with set up to begin at
6:00 a.m., including granting a temporary use permit per LDR Section 2.4.6(F) for use
of Anchor Park as a staging area and the use of sidewalks along A1A from Casurina to
the north end of the beach, to waive parking fees in Anchor Park, to authorize staff
support for security and traffic control, barricading, clean up and trash removal, use and
set up of the small stage, and special event signage; contingent on sponsor providing a
hold harmless agreement and a certificate of event liability insurance no later than two
(2) weeks before the event; the event sponsor being responsible for site clean up; and
signage installation occurring no earlier than ten (10) days prior to the event with
banners allowed only on the stage and in Anchor Park.
P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 20, 2009 through July 31, 2009.
Q. AWARD OF BIDS AND CONTRACTS:
1. Bid award to multiple vendors in the estimated annual amount of $186,500.00
for the purchase of chemicals and fertilizers for the City. Funding is available
from 001-4511-539-52.26 (General Fund/Operating Supplies/Gardening
Supplies), 119-4144-572-52.21 (Beautification Trust Fund/Operating
Supplies/Chemicals), 001-4131-572-52.21 (General Fund/Operating
Supplies/Chemicals), 445-4714-572-52.26 (D.B. Municipal Golf
Course/Operating Supplies/Gardening Supplies), and 446-4714-572-52.26
(Lakeview Golf Course/Operating Supplies/Gardening Supplies).
2. Contract award to Baker's Transport Service (BTS) in the amount not to exceed
$27,000.00 for hauling and disposal of liquid lime slurry from the Water
Treatment Plant (WTP) an additional sixty (60) days through the end of the
fiscal year. Funding is available from 441-5122-536-34.90 (Water and Sewer
Fund/Other Contractual Services).
3. Contract award to Chaz Equipment Company in the amount of $47,770.00 for
the emergency repair of sanitary sewer mains at Lift Station #24, along S.W. 6`''
Avenue at the intersection with S.W. 8`'' Court (816 S.W. 6`'' Avenue). Funding is
available from 442-5178-536-63.51 (Water/Sewer Renewal and Replacement
Fund/Sewer Mains).
08/04/2009
-4-
9. REGULAR AGENDA:
AA. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Approve a finding
that the Cannery Row developer is in compliance with the terms of the Developer's
Agreement, executed May 8, 2007. (Commissioner Eliopoulos declared a Conflict of Interest
and left dais. Approved, 4-0)
A. WAIVER REQUEST/DELRAY BEACH CLUB APARTMENTS: Consider a
request for waiver of Land Development Regulations (LDR) Section 4.6.9(D) (3) (c) (2),
"Stacking Distance", to allow a reduction in the required stacking distance from 100' to
70' feet and 100' to 66' for Delray Beach Club Apartments, located at 2000 South
Ocean Boulevard. (Quasi Judicial Hearing) (Motion to TABLE; Approved, 5-0)
B. CONDITIONAL USE REQUEST/CAFE AU PLAY: Consider a conditional use
request to allow a recreational establishment with attendant cafe known as Cafe Au Play
to be located on Parcel "B" of the South Delray Shopping Center at 3003 South Federal
Highway. (Quasi Judicial Hearing) (Motion to approve the Board Order as presented;
Approved, 5-0)
C. CONDITIONAL USE REQUEST/KAPLAN UNIVERSITY AND
INSTRUCTIONAL CENTER: Consider a conditional use request to establish
Kaplan University in the Mixed Residential Office and Commercial (MROC) zoning
district within the Delray Corporate Center located at 3333 South Congress Avenue.
(Quasi Judicial Hearing (Motion to approve the Board Order as presented; Approved, 5-
0)
D. REOUEST FOR IN-LIEU PARKING SPACES/BELUGA RESTAURANT
AND WINE BAR, INC.: Consider a request from Beluga Restaurant and Wine Bar,
Inc., for purchase of three (3) in-lieu parking spaces in the amount of $46,800.00.
Beluga Restaurant and Wine Bar, Inc. is located at 44 S.E. 2"d Avenue. (Quasi Judicial
Hearing (Motion to approve the Board Order as presented; Approved, 5-0)
E. RENEWAL/VALET PARKING LICENSE AGREEMENTS: Consider
renewal terms for all Valet Parking License Agreements from April 1, 2009 through
March 31, 2010. (Motion to approve agreements at an additional $10.00 per space with the
exception of Cut 432; Approved, 5-0)
F. PURCHASE AWARD/CARDS CORPORATION: Consider approval of a
purchase award to Carus Corporation in an estimated annual cost of $29,820.00 for the
purchase of Poly Phosphate at $1.42 per pound for the Water Treatment Plant as
needed. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals).
(Approved, 5-0)
G. COMMISSION RULES OF PROCEDURE: Consider changing the Commission
Rules of Procedure regarding time limits for Commission meetings, to require a
majority of the Commission to approve an extension for each hour after 11:00 PM.
(Approve, 4-0. Commissioner Fetzer stepped away from the dais)
08/04/2009
-5-
H. APPOINTMENT OF OUTSIDE COUNSEL/HEATHER LEITCH v. CITY
OF DELRAY BEACH: Consider approval to appoint Kara Rockenback, Esq. as co-
counsel in the Appellate Case of Heather Leitch v. City of Delray Beach at the rate of
$225.00 per hour. (Approved, 5-0)
L APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) student
members to the Education Board to serve a two (2) year term ending July 31, 2011 and
a one (1) year term ending July 31, 2010. Based upon the rotation system, the
appointments will be made by Commissioner Bernard (Seat #4) and Mayor McDuffie
(Seat #5). (Appointed John Paul Caruso as a student member and approved, 5-0; and
appointed Nathaniel Ellis as a student member and approved, 5-0)
J. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint
three (3) regular members to the Historic Preservation Board to serve two (2) year terms
ending August 31, 2011. Based upon the rotation system, the appointments will be
made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3) and
Commissioner Bernard (Seat #4). (Appointed Rhonda Sexton and approved, 5-0; appointed
Dan Sloan and approved, 5-0; and appointed Pamela Reeder and approved, 5-0)
K. APPOINTMENTS TO THE GREEN TASK FORCE: Appoint seven (7)
regular and two (2) alternate members to the Green Task Force to serve terms ending
July 31, 2010 or July 31, 2011. Based on the rotation system the appointments will be
made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2),
Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4), Mayor McDuffie
(Seat #5), Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2),
Commissioner Frankel (Seat #3) and Commissioner Bernard (Seat #4). (Appointed
Edward Bispham as an alternate member and approved, 5-0; appointed Matthew O'Connell as
an alternate member and approved, 5-0; appointed Ana DeMelo and approved, 5-0; appointed
David Hawke and approved, 5-0; appointed Rita Johnson and approved, 5-0; appointed Jayne
King and approved, 5-0; appointed Suzanne Schenkel and approved, 5-0; appointed Nancy
Schneider and approved, 5-0; and appointed Yalmaz Siddiqui and approved, 5-0)
10. PUBLIC HEARINGS:
A. PUBLIC COMMENTS/FY 2010 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2010 Proposed Budget at this time.
08/04/2009
-6-
B. ORDINANCE NO. 38-09 (FIRST READING/FIRST PUBLIC HEARING
Consider aprivately-initiated amendment to the Land Development Regulations (LDR)
Section 4.4.12, "Planned Commercial (I'C) District", Subsection (D), "Conditional Uses
and Structures Allowed", and Subsection (G), "Supplemental District Regulations", to
provide regulations for the Silver Terrace Courtyards Overlay District; enacting Section
4.5.17, "Silver Terrace Courtyards Overlay District", to define the overlay district;
amending Sections 4.7.1, "Definitions", Section 4.7.2, "Applicability", and Section
4.7.5, "Density Bonus Program for the Southwest 10`'' Street and I-95/CSX Railroad
Corridor Overlay Districts", to provide for the creation of a new Workforce Housing
Overlay District; amending Section 4.7.9, "General Provisions", Subsection "o", to
modify the provisions allowing non-eligible occupants to occupy workforce housing
rental units under certain conditions. If passed a second public hearing will be held on
August 18, 2009. (Approved, 5-0)
C. ORDINANCE NO. 35-09 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a city initiated amendment to Land Development Regulations
(LDR) Section 4.6.9, "Off-Street Parking Requirements", Subsection (C), "Number of
Parking Spaces Required", Sub-subsection (8), "Multiple Uses", Paragraph (A), "Shared
Parking", to allow the utilization of the shared parking calculations table for mixed-use
developments when there is no residential use. (Approved, 5-0)
D. ORDINANCE NO. 33-09 (SECOND READING/SECOND PUBLIC
HEARING): Consider a city-initiated amendment to the Land Development
Regulations (LDR) 2.4.3(K), "Fees", Sub-subsection (1), "Development Applications",
Sub-subsection (3), "Permit Fees", to provide for an increase in such fees. (Approved, 5-
0)
E. ORDINANCE NO. 32-09 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a city-initiated amendment to the Land Development
Regulations (LDR) Section 4.4.13(B)(3), "Principle Uses and Structures Permitted", to
clarify that "Public Open Space/Plaza", is a principal (permitted) use within the Central
Business District (CBD). (Approved, 5-0)
F. ORDINANCE NO. 36-09 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider acity-initiated amendment to Land Development Regulations
(LDR) Section 4.3.4(K), "Development Standard Matrix", pertaining to setback
requirements in the Residential Office District (RO). (Approved, 5-0)
G. ORDINANCE NO. 34-09 (FIRST READING/FIRST PUBLIC HEARINGI:
Consider acity-initiated amendment to Land Development Regulations (LDR) Section
5.3.2, "Park Land Dedication", Subsection (C), "Impact Fee Required", to
clarify requirements regarding impact fees for single family and all other types of
development. If passed a second public hearing will be held on August 18, 2009.
(Approved, 5-0)
08/04/2009
-7-
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 31, 2009
08/04/2009
-8-