06-01-10 Agenda Results Regular MtgCity 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, Tune 1, 2010 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 u7 the Commission
Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 8.B., Amendment No. 3 to Downtown
Marketing Co-Operative Agreement and an Agreement, was moved to the Regular Agenda as Item
9.A.A. Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. None
6. PROCLAMATIONS:
A. Recognizing Student Ambassadors: Chelsea Brandt, Sofia Ellingsworth, Matthew
Feldman, Matthew Kondziela, Jacqueline Lowell, Danielle Trubow and Robert Weil
B. Parks and Recreation Month -July 2010
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. REVISION TO THE GRANT AWARD/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)/AGGRESSIVE DRIVING: Accept a revision to
the grant award from the Florida Department of Transportation (FDOT) in the amount
of $25,000.00 for implementation of an aggressive driving/speed enforcement program.
B. MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
C. SPECIAL EVENT REQUEST/4th OF JULY FESTIVITIES: Approve a special
event request for the 4th of July Festivities, including granting a temporary use permit
per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of
N.E./S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street
to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive
Code of Ordinances Sections 101.25 "Commercial Enterprises" and 101.32
"Assemblies" to allow assembly on the beach and vendors; to allow all beach parking
lots to remain open until approximately midnight; and to approve staff support for
security and traffic control, street barricading and banner hanging, new large stage and
half of small stage set up and use, EMS support, use of City generator, signage, and
clean up and trash removal.
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D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 24, 2010 through May 28, 2010.
E. AWARD OF BIDS AND CONTRACTS:
Contract award in the amount of $55,810.00 to Johnson-Davis, Inc.
for emergency repair of the aerial Force Main Crossing at Lift Station 50 located
along Lowson Blvd, west of Congress Avenue. Funding is available from 442-
5178-536-63.51 (W & S Renewal & Replacement Fund: Improvements
Other/Sewer Mains).
2. Purchase award in the amount of $52,833.65 to DGG Taser to replace seventy-
five (75) Tasers. Funding is available from 115-2112-521-49.90 (Special Projects
Fund: Other Current Charges).
9. REGULAR AGENDA:
AA. AMENDMENT NO. 3 TO DOWNTOWN MARKETING CO-OPERATIVE
AGREEMENT AND AN AGREEMENT: Approve Amendment No. 3 to the old
Downtown Marketing Cooperative Agreement which terminates the agreement and
approve a new Downtown Marketing Cooperative Agreement, subject to the respective
Boards of the Downtown Marketing Cooperative members. (Approved, 5-0)
A. WAIVER REQUESTS/TEMPORARY PARKING LOT/PALM BEACH
COUNTY TAX COLLECTOR/DMV RENOVATION: Consider a request for a
temporary parking lot and associated waivers for the Palm Beach County Tax
Collector/DMV Renovation located at 451 & 511 South Congress Avenue. (Quasi-
, judicial Hearing) (First Motion to approve the temporary parking lot; Approved, 5-0.
Second Motion to adopt the board order as presented; Approved, 5-0)
B. CONDITIONAL USE REQUEST/DELRAY SCRAP RECYCLING: Consider a
conditional use request to allow establishment of a scrap metal recycling facility for
Delray Scrap Recycling to be contained in a completely enclosed building, within Bays
11 and 12 of the Linton Center industrial complex, located east of I-95 at the
intersection of Poinsettia Drive and Tangelo Terrace. (Quasi Judicial Hearing)
(Motion to adopt the board order as presented; Approved, 5-0)
C. WAIVER REQUESTS/CANNERY ROW: Consider again approving three (3)
waivers to Land Development Regulations (LDR) Section 4.6.18 (B) (14) (iii) (1) (b),
Section 4.6.18(B) (14) (v) (2), and Section 4.6.18 (B) (14) (v) (3), "Buildings Within the
Downtown Area", for Cannery Row, located at the southwest corner of Pineapple
Grove Way (N.E. 2nd Avenue) and N.E. 4th Street. (Quasi Judicial Hearing)
Commissioner Eliopoulos filed a Conflict of Interest and left the dais. Motion to adopt the
board order as presented; Approved, 4-0)
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D. AMENDMENT TO AN IN-LIEU OF PARKING AGREEMENT/ATLANTIC
OCEAN CLUB (F/K/A BOB'S FAMOUS BARS Consider modifying a condition
of approval for off-site parking spaces associated with the in-lieu parking spaces
provided to reduce on-site spaces from eleven (11) to eight (8) for Atlantic Ocean Club
(f/k/a Bob's Famous Bar) located at 217-219 East Atlantic Avenue. (Quasi Judicial
Hearing) (First Motion to adopt the board order as presented; Approved, 5-0. Second
Motion to amend the In-Lieu Agreement to reduce the number of spaces from 11 spaces to 8
spaces; Approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 10-10 (FIRST READING/FIRST PUBLIC HEARINGI:
Providing for the acceptance of the resurvey report of Old School Square Historic
District including extending the Period of Significance to 1965 and reclassifying 13
properties from non-contributing to contributing. If passed, a second reading second
public hearing will be scheduled for June 15, 2010. (Approved, 5-0)
B. RESOLUTION NO. 31-10/CONTRACT FOR SALE AND
PURCHASE/COLA JONES/118 S.W. 6th STREET: Consider approval of
Resolution No. 31-10, a Contract for Sale and Purchase between the City and Lola
Jones for the property located at 118 S.W. 6th Street in the amount of $82,500.00.
Funding is available from 441-5161-536-61.10 (Water & Sewer Fund: Land/Land
Acquisition Cost). (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. 14-10: Consider approval of Ordinance No. 14-10 amending
Section 110.15, "Local Business Tax Schedule", of the Code of Ordinances in order to
provide for an increase in rates. If passed, a public hearing will be held on June 15,
2010. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MAY 28, 2010
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