12-14-10 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
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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, December 14, 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. (ilbayor 1Lc~Duffie noted Ttem }~.CB., Special }?rent Request/2"a 1lnnual
C:hillounge Night, ,vas mo~-ed to the Regular 1lgenda as Ttem 9.11..11.., Ttem }~.J.D, Re~-ie~,v of 1lppealal_71e
band Development Board 11c~tions, Site 1?lan Revie~,v and 11ppc ~ tc: Board (SPR~113), ,vas moved to
the Regular 1lgenda as Ttem 9.11.11.11., Ttem ~;.1~:.1., C:ontrac~t 11 cd/C:haz }?cluipment C:ompanv, Tnc~.,
,vas mo~-ed to the Regular 1lgenda as Ttem 9.11.11.11.11. 1lppro~-ed as amended, 5-0)
5. APPROVAL OF MINUTES:
A. November 30, 2010 -Special Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Calling for the First Non-Partisan Election to be held on March 8, 2011
7. PRESENTATIONS:
A. Accreditation Award for the Parks and Recreation Department
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 5-0)
A. CONTRACT CLOSEOUT (FINAL PAYMENT) /RSI OF FLORIDA, INC.:
Approve a Contract Closeout (Final Pad=ment) in the amount of $6,329.00 to RSI
of Florida, Inc. for completion of the WTP Administrative Building Re-Roof. Funding
is available from 442-5178-536-62.10 (W & S Renewal & Replacement Project:
Buildings) .
B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 4; FINAL) H.A.
CONTRACTING, CORP.: Approve a Contract Closeout (C.O. No. 4; Final) in the
amount of a $10,000.00 decrease and final pad=ment in the amount of $51,964.60 to
H.A. Contracting Corp., for completion of the Old School Square Window Hardening.
Funding is available from 334-4151-572-46.08 (General Construction Fund: Repair &
Maintenance Services/OSS Window Replacement).
C. HOUSING REHABILITATION BID AWARDS FOR NEIGHBORHOOD
STABILIZATION PROGRAM (NSPI: Award two (2) NSP Housing Rehabilitation
projects through the Community= Development Division to CJ Contracting, LLC. in the
amount of $88,200.00 for the following projects: 5175 N.W. 6th Street and 530 N.W.
47th Avenue. Funding is available from 118-1935-554-62.12 (Neighborhood Services:
Capital Outlay=/Acquisition Rehabilitation).
12/14/2010
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D. TRI-PARTY AGREEMENT FOR THE TED CENTER: Approve a Tri-Partj=
Agreement between the Community= Redevelopment Agency= (CRA), City= of Delra~=
Beach and TED Center in the amount of $7,500.00 through the Community=
Development Block Grant (CDBG) program for FY 2010-2011. Funding is available
from 118-1966-554-83.01 (Neighborhood Services: Other Grants and Aids).
E. ACCEPTANCE OF A RIGHT-OF-WAY DEED/46 S.W. 9TH AVENUE:
Approve and accept a right-of-wad= deed from the Communitj= Redevelopment
Agency= providing fora 2-foot dedication of right-of-wad= for the alley= parallel to S.W.
9th Avenue at 46 S.W. 9th Avenue.
F. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES
AGREEMENT: Approve a Vote Processing Equipment Use and Elecrion Services
Agreement between the Palm Beach Countj= Supervisor of Elections and the Citj= for
conducting municipal elections.
G. MOVED r0 I rEM 9.A.A. ON rHE REGULAR AGENDA
H. SPECIAL EVENT REQUEST/SAVOR THE AVENUE: Approve and endorse
Savor the Avenue, sponsored b~= Florida Table Magazine and supported b~= the
Downtown Development Authority, to be held on March 24, 2011 from 5:30 p.m.
to 8:30 p.m.; to grant a temporarj= use permit per LDR Section 2.4.6(F) for closure and
use of Atlantic Avenue from Swinton to the west side of N.E./S.E. 5th Avenue from 2
p.m. until 10:00 p.m.; and to authorize staff support for securitj=, barricading, use of a
Citj= owned portable generator and banner hanging with banners to be hung no sooner
than 14 dad=s prior to the event; contingent upon receipt of a certificate of event and
alcohol liabilitj= insurance and an executed Hold Harmless Agreement b~= March 10,
2011.
I. CONSULTING AGREEMENT/LANGTON ASSOCIATES, INC.: Approve a
Consulting Agreement with Langton Associates, Inc. for grant consulring services.
Funding is available in 001-1111-511-34.90 (Operaring Expenses-Misc/Other
Contractual Service).
J. MOVED r0 I rEM 9.A.A.A. ON rHE REGULAR AGENDA
K. AWARD OF BIDS AND CONTRACTS:
1. MOVED r0 I rEM 9.A.A.A.A. ON rHE REGULAR AGENDA
2. Purchase award to Acrion Target in the amount of $53,293.00 for modifications
to the firing range which will replace the backstop and upgrade areas
demonstrating wear. Funding is available from 334-2111-521-46.90
(General Construction Fund: Repair & Maintenance Services/Other
Repair/Maintenance Costs) and 115-2112-521-49.90 (Special Projects Fund:
Other Current Charges).
12/14/2010
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9. REGULAR AGENDA:
AA. SPECIAL EVENT REQUEST/2nd ANNUAL CHILLOUNGE NIGHT:
Approve a special event request for the 2nd Annual Chillounge Night sponsored b~=
Design O' Fresco Corporation proposed to be held on Saturday=, Februarj= 5, 2011 from
6:00 p.m. to 11:00 p.m. on the Old School Square Park site, to grant a temporarj= use
permit per LDR Section 2.4.6 (F) for portions of N.E. 1st Avenue, to provide staff
support for traffic control and securitj=, EMS services, barricading, trash removal, event
signage and a fireworks show; conringent upon the condirions of approval listed in the
staff report (ilLotion to approve, 1lppro~-ed, 5-0)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
December 6, 2010 through December 10, 2010. (Commissioner Eliopot~los filed a Conflict
of Interest for the Site Plan Re~-ie~,v 1lppearance Board Item I7 and left the dais. 1Lotion to
approve,llppro~-ed, 4-0)
AAAA. Contract award to Chaz Equipment Company, Inc. in the amount of X29,310.00 for the
rehabilitation of Building Lift Station #50's wet well. Funding is available from 442-
5178-536-68.53 (W & S Renewal & Replacement Fund/Improvements Other/Wet Well
Rehabilitation Building LS). (ilLotion to approve,llppro~-ed, 5-0)
A. WAIVER REQUEST/338 N.E. 1ST AVENUE: Consider approval of a waiver
request to Land Development Regularions (LDR) Section 4.5.1(E)(9)(a), "Open Air
Spaces", to allow an encroachment into the building height plane for 338 N.E. 1s`
Avenue. (Quasi Judicial Hearing) (1~~Iotion to adopt board order as presented; Approved,
5-0)
B. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY
2009/2010 bonus pad=menu to JCD Sports Group, Inc. for both golf operations in the
amount of $14,316.00 and for Tennis Center operations in the amount of
$6,345.00. Funding is available from 445-4711-572-34.90 (Delra~= Beach Municipal Golf
Course Fund/Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf
Course/Other Contractual Service), 001-4215-575-34.90 (General Fund/Operaring
Expenses- Miscellaneous/Other Contractual Service) and 001-4210-575-34.90 (General
Fund: Operaring Expenses-Misc/Other Contractual Service). (1~~Iotion to approve,
1lppro~-ed, 5-0)
C. ALTERNATE SITE PLAN APPROVAL FOR THE 4th ANNUAL
DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Consider approval to
rescind the approved site plan for the 4th Annual Downtown Delra~= Beach Craft
Festival being held on December 26-27, 2010, and approve an alternate plan. (1~~Iotion to
approve,llppro~-ed, 5-0)
12/14/2010
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D. OFFER OF SETTLEMENT: ERIC J. GRUBER v. OLD SCHOOL SQUARE &
CITY OF DELRAY BEACH: Consider an offer from Eric J. Gruber to settle his
complaint against Old School Square, Inc. and the City of Delray Beach. (1~~~otion to den~~
offer of settlement;llppro~-ed, ~-0)
E. SETTLEMENT AGREEMENT: TIMOTHY CULANE v. CITY OF DELRAY
BEACH: Consider a settlement agreement in the amount of $20,000.00 in the claim of
Timothy Culhane against the City of Delray Beach. (1~~~otion to approve, subject to
appropriate releases,llppro~-ed, ~-0)
F. APPOINTMENT TO THE BOCA BATON AVIATION ADVISORY
COMMITTEE: Appoint one (1) regular member to the Boca Raton Aviarion
Advisory Committee to serve a two (2) year term ending May 31, 2012. Based upon the
rotation s~=stem, the appointment will be made b~= Commissioner Fetzer (Seat #2).
(1ppointed Barrv CBauc~h and appro~-ed, ~-0)
G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member to the Financial Review Board to serve an unexpired term ending Ju1~=
31, 2011. Based upon the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed Laura Reines and approved, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 18-10: Consider approval of a citj=-iniriated annexation (via the
provisions of the executed Agreement for Water Service and Consent to Annexation)
for the Marketplace of Delray=, located at the northwest corner of West Atlantic Avenue
and Militarj=Trail. (ilLotion to approve, 1lppro~-ed, ~-0)
B. ORDINANCE NO. 43-10 (SECOND READING/SECOND PUBLIC
HEARINGI: Citj= iniriated rezoning from Count= CG (General Commercial) to City=
PC (Planned Commercial) for the Marketplace of Delray=, located at the northwest
corner of West Atlantic Avenue and Military Trail. (Quasi Judicial Hearing) (1~~~otion
to approve,llppro~-ed, ~-0)
C. ORDINANCE NO. 20-10: Consider approval of a privately= initiated rezoning from
RM (Medium Densit= Residenrial) to GC (General Commercial) for Lintco
Development, located at the northwest corner of Linton Boulevard and S.W. 4`h
Avenue. (Quasi Judicial Hearing) (Commissioner Eliopot~los filed a Conflict of Interest
and left the dais. 1Lotion to approve,llppro~-ed, 4-0)
12/14/2010
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D. ORDINANCE NO. 17-10: (SECOND READING/ADOPTION HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2010-11: Consider approval
and adoprion of Comprehensive Plan amendment 2010-1 including the following text
changes. (Commissioner Eliopot~los filed a Conflict of Interest and left the dais. 1~~Iotion to
approve,llppro~-ed, 4-0)
A. Text Amendments:
i. Citj=-iniriated: Capital Improvement Element -Update the Citj='s Five-Year
Capital Improvements Schedule (Table CI-CIP) to reflect adoprion of the
FY2011-FY2015 Capital Improvements Program.
ii. Citj=-iniriated: Capital Improvement Element -Update the Citj='s Reclaimed
Water Capital Improvement Schedule (Table RW-CIP) to reflect adoption of
the FY2011-FY2015 Capital Improvements Program.
iii. Citj=-iniriated: Capital Improvement Element - Update the Palm Beach
Countj= School District's Capital Improvement Schedule (Table SD-CIP) to
reflect adoption of its FY2011-FY2015 Capital Improvements Program.
iv. Citj=-iniriated: Capital Improvement Element -Update the General Fund
Revenue and Expenditure 5-Year Forecast Table.
v. Citj=-iniriated: Capital Improvement Element - Update the Pledgeable
Revenue Matrix Table.
vi. Citj= initiated: Capital Improvement Element -Update the Debt Summarj=
Table.
vii. Citj=-iniriated: Conservarion Element - Modificarion of Objective E-1 and
Polio= E-1.1, dealing with the Green Task Force, to reflect new name (Green
Implementarion Advancement Board) and expanded Board purpose.
viii. Citj=-iniriated: Future Land Use Element -Modification of Polio= A-1.4 to
extend the time frame for complerion of a stud= on economic development
issues from FY08/09 to FY11 /12.
ix. Citj=-iniriated: Future Land Use Element -Modification of Polio= A-1.10 to
extend the time frame for evaluaring the need for establishing design
guidelines for the Congress Avenue Corridor and the Four Corners Overlay=
District from FY08/09 to FY10/11.
x. City-iniriated: Future Land Use Element -Modification of Policy A-1.11 to
extend the rime to develop a marketing plan to attract new business and
promote redevelopment of the Congress Avenue corridor from FY08/09 to
FY10/11.
xi. Citj=-iniriated: Future Land Use Element -Modification of Polio= A-2.5 to
extend the rime frame for anal=sis of the Land Development Regulations,
deahngwith nonconforming uses, from FY08/09 to FY11/12.
12/14/2010
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xii. Citj=-iniriated: Future Land Use Element - Modificarion of Polio= C-1.4 to
extend the time frame for evaluating the need for establishing design
guidelines for the North Federal Highway= corridor from FY08/09 to
FY10/11.
xiii. City-initiated: Future Land Use Element -Modification of Policy C-1.12 to
extend the time frame for completion of a Redevelopment Plan for the South
Federal Highway from FY08/09 to FY10/11.
xiv. City-initiated: Future Land Use Element -Modification of Policy C-1.13 to
extend the time frame for completion of a Redevelopment Plan for Linton
Boulevard, from I-95 to Federal Highway, from FY08/09 to FY10/11.
xv. Privately=-iniriated: Future Land Use Element - Modification of the
description of the GC (General Commercial) Future Land Use designation to
idenrif~= specific uses and intensities (FARs) for development within a
proposed overlay= district for the Lintco property= on the north side of Linton
Boulevard, west of S.W. 4th Avenue.
xvi. Privately= initiated: Future Land Use Element - Modification of the
description of the GC (General Commercial) Future Land Use designation to
idenrif~= specific uses and intensities (FARs) for development within a
proposed overlay= district for Waterford located east of I-95, south of Linton
Boulevard.
xvii. Citj=-iniriated: Housing Element -Deletion of Polio= B-3.3 (Completed).
xviii. Citj=-iniriated: Transportation Element - Modificarion of Polio= A-1.8 to
extend the time frame for investigarion of the feasibilitj= of implementing an
impact fee or other s~=stem for assessment of new development to fund
operarion of the downtown roundabout shuttle service from FY08/09 to
FY10/11.
xix. Citj=-iniriated: Transportation Element -Modification of Objecrive A-8 to
extend the time frame for development of a program to encourage street
trees for green linkages from FY08/09 to FY10/11.
xx. Citj=-iniriated: Transportation Element - Modificarion of Polio= D-2.4 to
extend the rime frame for adoption of a bic~=cle network plan for the citj=
from FY09/10 to FY11/12.
xxi. Citj=-iniriated: Transportation Element - Modificarion of Polio= D-3.1 to
extend the time frame for completion of survey=s and anal=sis to determine
the issues and needs for employ=er based TDM activities, including but not
limited to ride sharing, van pooling, and flexible work hours, from FY09/10
to FY10/11.
xxii. Citj=-iniriated: Transportation Element -Modification of Polio= D-3.5 to
extend the rime frame to determine the operarional feasibility= and grant
funding requirements necessary= to provide shuttle service to meet and greet
all trains at the starion from FY08/09 to FY10/11.
12/14/2010
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B. Future Land Use Map Amendments:
i. Citj= initiated Future Land Use Map amendment from Countj= Commercial
High with an underl~=ing residential of 8 units per acre (CH/8) to Citj= GC
(General Commercial), for the Marketplace of Delray, located at the
northwest corner of West Atlantic Avenue and Militarj=Trail.
ii. Privately= initiated Future Land Use Map amendment from MD (Medium
Density= Residential 5-12 du/ac) to GC (General Commercial) for Lintoo
Development, located at the northwest corner of Linton Boulevard and
S.W. 4`h Avenue.
iii. Privately= initiated Future Land Use Map Amendment from TRN
(Transitional) to GC (General Commercial) fora 4.58 acre parcel located
within Waterford, located between I-95 and Lindell Boulevard, south of
Linton Boulevard and north of Audubon Boulevard.
E. CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT
C( APER~ Consider approval of the 2009-2010 Consolidated Annual Performance and
Evaluation Report required b~= the United States Department of Housing & Urban
Development (HUD) for utilization of federal grant funds. (~~Iotion to approve,
1lppro~-ed, 5-0)
F. RESOLUTION NO. 65-10/CONTRACT FOR THE SALE OF
PROPERTY/3740 LANCEWOOD PLACE: Consider approval of Resolution No.
65-10 authorizing the Citj= to sell Neighborhood Stabilization Program propertj= to Lana
Ritz in the amount of $212,000.00 and provide subsidy= up to $50,000.00 secured b~=
promissory note and second mortgage located at 3740 Lancewood Place. (~~Iotion to
approve,llppro~-ed, 5-0)
G. RESOLUTION NO. 66-10: TRANSFER OF PROPERTY AT 3619 AVENUE
MONTRESSOR: Consider approval of Resolution No. 66-10 authorizing the City= to
transfer propertj= located at 3619 Avenue Montressor to the Communitj= Land Trust
(CLT) for affordable housing. (~~Iotion to approve, Approved, 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. None
12/14/2010
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City=Manager
B. City= Attorney=
C. Citj=Commission
POSTED: DECEMBER 10, 2010
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