10-05-10 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
~ ~ ~r
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, October 5, 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 wiIl furnish auxiliary aids and ser~Tices 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.
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (ilLayor 1Lc~Duffie noted Ttem G.11., Florida C:it~- CBo~-ernment 11'eek, ,vas
postponed; Ttem 6.F3. E-Iealtl~~- 1Louth E-Iealthv F3oc1~- I7a~- ,vas postponed; Ttem ~.Z?., Special }~~-ent
Request/F-Iolida~- Pageant Parade, ,vas moved to the Regltlar 1lgenda as Ttem 9.11..11; Ttem ~. C.~., Revie~,v
of 1lppealal_71e I_.and Development F3oard 11c~tions, Site Z?lan Revie~,v and 1lppearanc~e F3oard (SPR~1F3)
Ttem #2, ,vas moved to the Regular 1lgenda as Ttem 9.11.11.11., 1lpplicant requested Ttem 9.11., 1lppeal of
the Site Z?lan Revie~,v and 1lppearanc~e F3oard's Decision/Ne~,~- C:enturv C:ourt~-ards, 1.7e WI'I'I-IIDI2~W1T.
1lppro~-ed as amended, 5-0)
5. APPROVAL OF MINUTES:
A. September 13, 2010 -Workshop Meering (Approved, 5-0)
B. September 13, 2010 -Special Meeting (Approved, 5-0)
C. September 20, 2010 -Workshop Meering (Approved, 5-0)
D. September 20, 2010 -Impasse Hearing (Approved, 5-0)
E. September 21, 2010 -Regular Meering (Approved, 5-0)
6. PROCLAMATIONS:
A. Florida City Government Week -October 17-23, 2010
B. Healthy Mouth Healthy Body Day -October 27, 2010
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 5-0)
A. RESOLUTION NO. 56-10 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/220 NORTH DIXIE BOULEVARDS Approve a tax
exemprion request for eligible improvements to the propertj=located at 220 North Dixie
Boulevard within the Del Ida Park Historic District; and approve Resolurion No. 56-10.
B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND HOLD HARMLESS
AGREEMENT/215 N.E. 5TH AVENUE: Approve and accept aright-of-wad= deed
for a two foot addirional alley= right-of-wad= and a Hold Harmless Agreement for a
landscape island associated Krystal Kleen Coin Laundry located at 215 N.E. 5`h Avenue.
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C. RESOLUTION NO. 57-10: ABANDONMENT OF RIGHT-OF-WAY FOR
DELRAY ELEVEN: Approve Resolurion No. 57-10 abandoning a portion of a 16'
north-south alley within Block 11, Osceola Park, located midway between S.E. 7`h Street
and S.E. 6`h Street, for Delray Eleven.
ACCEPTANCE OF AN EASEMENT DEED /DELRAY ELEVEN:
Approve and accept a 16' water and sewer easement deed within Block 11,
Osceola Park, located midway between S.E. 7`h Street and S.E. 6`h Street, for
Delray Eleven.
D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/ H & j
CONTRACTING, INC.: Approve a Contract Closeout (Change Order No. 2/Final)
in the amount of a $2,565.03 decrease and final pad=ment amount of $45,460.00 to H & J
Contracting, Inc. for the complerion of Old School Square Park Phase I
Project. Funding is available from 334-4151-572-63.59 (General Construction Fund:
Improvements Other/Old School Square Park Improvements), 441-5161-536-63.90
(Water/Sewer Fund: Other Improvements) and 448-5461-538-63.90 (Storm Water
Utilitj= Fund: Other Improvements).
E. CONTRACT CLOSEOUT (FINAL PAYMENT) /THE GUARANTEE
COMPANY OF NORTH AMERICA: Approve a Contract Closeout and Final
Payment in the amount of X135,623.24 to The Guarantee Company of North America;
the suretj= for H & D Construction Company, Inc., for the S.W. 14`h Avenue Roadway,
Alleys & Drainage Improvements project. Funding is available from 334-3162-541-
68.05 (General Construcrion Fund: Other Improvement/S.W. 14`h Alley
Improvements), 448-5461-538-68.25 (Storm Water Utilitj= Fund: Other Improvement/
S.W. 14`~ Avenue- S.W. 2nd to S.W. 1s~ and 101-1969-541-68.25 (ARRA Economic
Stimulus FD: Other Improvement/S.W. 14`h Avenue- S.W. 2nd to S.W. 1 s~.
F. RESOLUTION NO. 58-10: Approve Resolution No. 58-10 assessing costs for
abatement action required to remove nuisances on eight (8) properties throughout the
Citj=.
G. RESOLUTION NO. 59-10: Approve Resolurion No. 59-10 supporting the Let's Move
campaign.
H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL
SERVICES: Approve an Interlocal Agreement with the Community= Redevelopment
Agency= (CRA) for the funding of construction costs and professional services for
certain projects as listed on Exhibit "A" attached to the Agreement for FY 10/11.
I. AMENDMENT TO THE LICENSED USER AGREEMENT/
TICKETMASTER L.L.C.: Approve an Amended Licensed User Agreement between
the Citj= and Ticketmaster L.L.C. for the resale of tickets for events at the Tennis
Stadium.
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J. ANNUAL PROGRESS REPORT/FLOODPLAIN MANAGEMENT AND
MITIGATION PLAN: Approve the Annual Progress Report on the Floodplain
Management and Mitigation Plan for submittal to the Insurance Services Offices.
K. SERVICE AUTHORIZATION/GIL VALDES, INC./HOME INSPECTION
PROFESSIONAL SERVICES VENDOR: NEIGHBORHOOD
STABILIZATION PROGRAM (NSP~ Approve a Service Authorization with the
vendor Gil Valdes, Inc., to increase funds in the amount of $15,000.00 for Home
Inspecrion Professional Services to continue activiries required under the
Neighborhood Stabilizarion Program (NSP) contingent on approval b~= the Florida
Department of Community Affairs. Funding is available from 118-1935-554-49.14
(Neighborhood Services: Other Current Charges/Acquisition Rehabilitation) and 118-
1934-554-49.14 (Neighborhood Services: Other Current Charges/Acquisition
Rehabilitarion).
L. D.U.I. GRANT AWARD /FLORIDA DEPARTMENT OF
TRANSPORTATION: Approve acceptance of a grant award from the Florida
Department of Transportarion (FDOT) in the amount of $33,523.00 for funding for the
Police Department's Driving Under the Influence (D.U.L) program. Funding is
available from 001-2115-521-12.10 (General Fund: Regular Salaries/Wages).
M. GRANT AWARD/DEPARTMENT OF ENERGY/ LOCAL ENERGY
ASSURANCE PLAN (LEAPS Approve and accept the Local Energy= Assurance
Plan (LEAP) grant from the Department of Energy in the amount of X130,000.00
which will provide funding for energy=assurance planning and training.
N. FIRST AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS
AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED
TO THE ATLANTIC PLAZA PROJECT: Approve the First Amendment to the
Declararion of Reserved Rights and Agreement not to Encumber N.E. 7`h Avenue
regarding the abandonment and relocation of N.E. 7`h Avenue between N.E. 1st Street
and East Atlantic Avenue to extend the rime frame to obtain site plan certification b~= a
period of six months.
O. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special
event request to allow the Annual Halloween Parade sponsored b~= the Noonrime
Kiwanis Club to be held on October 30, 2010 from 1:30 p.m. until approximately 2:30
p.m., including temporarj=use permit per LDR Secrion 2.4.6(F) for the rolling closure of
Atlanric Avenue from N.E. 2nd Avenue to Veterans Park, and staff support for traffic
control, security=, and barricading; conringent on the receipt of the Cerrificate of Liabilitj=
Insurance and a signed and notarized Hold Harmless Agreement b~=October 25, 2010.
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P. MOVED r0 I rEM 9mA.A. ON rHE REGULAR AGENDA
Q. MOVED r0 I rEM 9mA.A.A. ON rHE REGULAR AGENDA
R. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Ovivo USA, LLC in the amount of $46,639.00 for removing
and rebuilding the drive motor assembly on Clarifier #1 at the Water Treatment
Plant. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal &
Replacement Fund: Other Machinerj=/Equipment).
2. Purchase award to Cartegraph Systems, Inc. in the amount of $33,650.00 for
licensing, installation and training for the WORKdirector work order module of
the Cartegraph asset management system. Funding is available from 441-5161-
536-66.10 (Water & Sewer Fund: Books/Publications/Software).
3. Purchase award to GameTime, a Playcore Company in the amount of
$77,992.19 for purchase and installation of a playground system at the Delray
Beach Family Recreation & Fitness Center site. Funding is available from 334-
4184-572-68.44 (General Construction Fund: Other Improvement/Family
Recreation Playground Area).
9. REGULAR AGENDA:
AA. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a
special event request to endorse the Annual Holiday Pageant Parade co-sponsored by
the Parks and Recreation Department and the Chamber of Commerce to be held on
December 11, 2010 beginning at approximately 6:00 p.m. to 9:00 p.m., granting a
temporarj= use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic
Avenue from Gleason Street to N.W. 1st Avenue for the parade route and Lowerj=,
Andrews and Atlantic for parade set up from approximately 4:00 p.m. to 6:00 p.m..
Commission is also requested to provide staff support for traffic control, security=, EMS
assistance, barricading, trash removal, clean up, event signage and processing of the
FDOT street closure permit (Approved as amended, 5-0)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 20, 2010 through October 1, 2010. (Commissioner Eliopot~los filed a Conflict of
Interest for the Site Plan Re~-ie~,v 1ppearance Board Item #2 and left the dais. 1Lotion to
approve,llppro~-ed, 4-0)
A. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S
DECISION/ NEW CENTURY COURTYARDS: Consideration of an appeal
regarding the Site Plan Review and Appearance Board's decision approving New
Centurj= Courts=ards located on the west side of South Federal Highway, 320' south of
S.E. 10th Street. (Quasi Judicial Hearing) (The applicant has withdrawn this
item) (WI'I'I-ID W1T)
10/05/2010
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B. WAIVER REOUEST/928 SEASAGE DRIVE: Consider a waiver request to reduce
the sight visibilitj= triangle requirement from ten feet (10') to two feet (2') for a clear line
of sight between three feet (3') and six feet (6') within the area formed along both sides
of the driveway= intersecting the property= line at 928 Seasage Drive, a proposed new
single family= residence within the North Beach/Seagate Overlay= District. (Quasi-
Judicial Hearing) (1lotion to adopt 1.7oard order as presented; 1lppro~-ed, 5-0)
C. TEMPORARY PARKING LOT/36 S.E. 2nd AVENUE: Consider approval of a
temporary parking lot at 36 S.E. 2nd Avenue, located on the west side of S.E. 2nd
Avenue, between East Atlantic Avenue and S.E. 1 st Street.. (Quasi Judicial Hearing)
(illation to appro~-e sul_7jec~t to conditions, 1lppro~-ed, 5-0)
D. CERTIFICATE OF APPROPRIATENESS AND SITE PLAN EXTENSION
QUEST/WAIVER REQUEST/36 S.E. 1st AVENUE: Consider a request to
extend the certificate of appropriateness and site plan for twentj=-four (24) months and a
waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(8)(a)3.a,
"Upper Stork= Height" to allow an increase of the maximum upper storj= height from
twelve feet (12') to fourteen feet (14') for the property located at 36 S.E. 1st Avenue.
(Quasi Judicial Hearing) (1~lotion to adopt board order as presented with conditions,
1lppro~-ed, 5-0)
E. WAIVER REOUEST/511 SOUTH OCEAN BOULEVARD: Consider a waiver
request to reduce the required sight visibility= triangle from 10' to 4'2" for a clear line of
sight between three feet (3') and six feet (6') in the area formed along both sides of the
driveway= intersecting the property= line at 511 South Ocean Boulevard for a proposed
new single family= residence within the Ocean Overlay= District. (Quasi Judicial
Hearing) (Motion to adopt 1.7oard order as presented; 1lppro~-ed, 5-0)
F. WAIVER REQUESTS/57 S.W. 5TH AVENUE PUBLIC PARKING LOT:
Consider three waiver requests: to allow 23 feet where 24 feet minimum aisle width is
required, to allow zero feet (0') to three feet, four and one half inches (3' 41/2")
landscape buffer where five feet (5') is required, and to allow seven feet (7') where
twentj= feet (20') of stacking is required for 57 S.W. 5`h Avenue Public Parking Lot.
(Quasi Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
G. CONDITIONAL USE REQUEST/GERMAN AUTO WORLD, INC.:
Consider a conditional use request to allow establishment of an automobile body=, paint
and repair shop for German Auto World, Inc. to occupy= 9,075 sq. ft. of a multiple
tenant building fronting on West Atlantic Avenue and a 4,848 sq. ft. existing warehouse
building located in the rear, at 2175 West Atlantic Avenue. (Quasi Judicial Hearing)
(illation to adopt 1.7oard order as presented; 1lppro~-ed, 5-0)
H. QUEST TO INSTALL A NATIVITY CRECHE AT CHRISTMAS TREE
SITE: Consider approval of a request to install a Nativity= Creche in the vicinitj= of the
Christmas tree at Old School Square. (lotion to approve, Approved, 5-0)
L PARKS AND RECREATION FEES: Consider approval to change facilitj= and field
fees for Parks and Recreation for FY 2010-2011. (lotion to approve, Approved, 5-0)
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J. OFFER AN EARLY RETIREMENT INCENTIVE FOR MEMBERS OF THE
GENERAL EMPLOYEE'S PENSION PLAN: Consider approval to offer the
early retirement incentive to members of General Employees Pension Plan. (1~Iotion to
approve,llppro~-ed, ~-0)
K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authoritj= for an
unexpired term ending March 6, 2014. Based upon the rotation system, the
recommendation for appointment will be made by Commissioner Frankel (Seat #3).
(1ppointed CBuarn Sims and appro~-ed, ~-0)
L. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board to serve an unexpired term
ending August 31, 2012. Based upon the rotation system, the appointment will be made
by Mayor McDuffie (Seat #5). (Appointed 1~nnette Smith and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 23-10 (SECOND READING/SECOND PUBLIC
HEARINGI: Consider a city= initiated amendment to the Land Development
Regularions Section 4.3.3 "Special Requirements for Specific Uses", to enact a new
Subsecrion (KKK) establishing regulations for Live/Work Units; amending Section
4.4.12 "Planned Commercial District", Subsecrion (D) "Conditional Uses and
Structures Allowed", Section 4.4.13 "Central Business District", Subsecrion (D)
"Condirional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residenrial, Office
and Commercial", Subsection (E) "Conditional Uses and Structures Allowed" to allow
Live/Work units as a condirional use; and amending Appendix "A" "Definitions" to
provide a revised definition for "Live/Work Unit". (1~~Iotion to approve, Approved, 5-0)
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B. ORDINANCE NO. 25-10 (,FIRST READING/FIRST PUBLIC HEARING
Consider a citj= iniriated amendment to the Land Development Regularions (LDR) b~=
amending Secrion 4.3.3, "Special Requirements For Specific Uses", Subsecrion ('I~,
"Fami1~= Dad= Care" and enacting a new Subsection (T'I~, "Large Family= Child Care
Home' ; amending Subsecrion (C), "Accessorj= Uses and Structures Permitted" and
Subsection (D), "Condirional Uses and Structures Mowed" of Section 4.4.3, "Single
Family= Residential (R-1) Districts", Secrion 4.4.5, "Low Densitj= Residential (RL)
District", Section 4.4.6, "Medium Density= Residential (RM) District", Section 4.4.7,
"Planned Residenrial Development (PRD) District", Section 4.4.9, "General
Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Secrion
4.4.17, "Residenrial Office (RO) District", and Section 4.4.24, "Old School Square
Historic Arts District (OSSHAD)' ;amending Secrion 4.4.9, "General Commercial (GC)
District", Subsection (G), "Supplemental Regularions", Sub-subsecton (3), Four
Corners Overlay= District; amending Section 4.4.29, "Mixed Residential, Office and
Commercial (MROC) District", Subsecrion (C), "Accessorj= Uses and Structures
Permitted" and Subsection (E), "Conditional Uses and Structures Allowed", in order to
update the Land Development Regulations (LDR) to comport with changes in state law;
amending Appendix A, "Definitions", to revise the definirions of "Child Care Facilitj="
and "Fami1~= Dad= Care Faciliries" and enacring a new definition, "Large Family= Child
Care Home". If passed, a second public hearing will be held on October 19, 2010.
(ilLotion to approve, 1lppro~-ed, 5-0)
C. ORDINANCE NO. 35-10 (FIRST READING /FIRST PUBLIC HEARING
Consider a citj= initiated amendment to Land Development Regularions (LDR) replacing
several references to "Medicines and Prescriprions", "Drugs and Medicine" and "Drug
Store" with the term "Pharmacies". If passed, a second public hearing will be held on
October 19, 2010. (ilLotion to approve,llppro~-ed, 5-0)
D. ORDINANCE NO. 36-10 (,FIRST READING /FIRST PUBLIC HEARING
Consider a citj= initiated amendment to the Land Development Regularions (LDR)
Secrion 4.3.3 (CELL), "Pharmacies", to add the term "Medical Clinics" under
applicabilitj= and to change the categorj= ride to "Medical, Professional, Business Offices
and Medical Clinics". If passed, a second public hearing will be held on October 19,
2010. (ilLotion to approve,llppro~-ed, 5-0)
E. ORDINANCE NO. 31-10: Consider approval of an ordinance amending Chapter 35,
"Employ=ee Policies and Benefits", b~= amending Secrion 35.014, "Preferenrial Bonus
Points", in order to update the City's Code. (1~~Iotion to approve, Approved, 5-0)
10/05/2010
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F. ORDINANCE NO. 33-10: Consider approval of an ordinance amending Chapter 35,
"Employ=ee Policies and Benefits", Section 35.089, "Definirions", to provide revised
definitions of "Final Monthly= Compensation" and "Normal Retirement
Date' ;amending Section 35.095, "Contributions of Participant and Citj=", Subsection
(A), "Participant's Contriburion Account", to provide for a change in the contribution
amount; amending Section 35.097, "Retirement Income; Basis, Amount, and Pad=ment",
Subsection (A), "Normal Retirement Income", to change the normal form of retirement
to life annuity=; amending Subsection (C), "Disability= Retirement and Rerirement
Income", Paragraph (5), Subparagraph (A), "Monthly= Income Pad=able", Sub-
subparagraph (1), "Service-Connected Disabilitj=", to modify= disabilitj= average monthly=
earnings; amending Subsection (D), "Benefits Other Than on Retirement", Paragraph
(2), "Benefit Pad=able in the Event of Participaring Employ=ee's Death On or Before the
Normal Retirement Date", Subparagraph (A), "Death Benefit--Service-Connected
Death", to modify the monthly income General Employees Pension. (1~~Iotion to approve,
1lppro~-ed, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. Citj=Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 34-10: Consider a citj= initiated amendment to the Land
Development Regulations (LDR) Section 2.4.7(G), "Requests for Accommodarion"
procedures. If passed, a public hearing will be held on October 19, 2010. (Approved 5-0)
B. ORDINANCE NO. 37-10: Consider a citj= iniriated amendment to the Land
Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the
regulations. If passed, a public hearing will be held on October 19, 2010. (Consensus of
the Commission to 'I'~BL.E this item to the C)ctol_7er 19, 2010 Regular 1Leeting)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: OCTOBER 1, 2010
10/05/2010
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