02-15-11 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, February 15, 2011 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. (Commissioner Frankel absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (1ba~~or 1~~TcL7uffie noted Item 10.A., Ordinance No. 04-11 (First
Reading/F?irst Pul_71ic F-Tearing), ,vas postponed to 1Larch 15, 2011 Regular 1Leeting and the Second
Reading/Second T'ul_71ic~ ETearing to 11pri1 5, 2011 Regular 1Leeting, Ttem x.11., Final Sul_7di~-ision T?lat
1lpproval/S~,vinton 11c~res, ,vas mo~-ed to the Regular 1lgenda as Ttem 9.11..11. and Ttem ~;.T~:.1., C:ontrac~t
11~,vard/C:ha~ T__?cluipment ,vas mo~-ed to the Regltlar 1lgenda as Ttem 9.11.11.11. 1lppro~-ed as amended,
4-0)
5. APPROVAL OF MINUTES:
A. January 11, 2011 -Workshop Meering (Approved, 4-0)
B. January 25, 2011 -Annual Citizen's Roundtable Meering (Approved, 4-0)
C. February 1, 2011 -Regular Meering (Approved, 4-0)
6. PROCLAMATIONS:
A. Arbor Day -February 22, 2011
7. PRESENTATIONS:
A. South Florida Water Management District - Drj=Season Presentation (ADDENDUM)
8. CONSENT AGENDA: City Manager Recommends Approval (Approved as amended, 4-0)
A. MOVED TO I TEM. Q.A.A. ON THE REGULAR AGENDA.
B. RESOLUTION NO. 08-11: ABANDONMENT OF A UTILITY EASEMENT;
SHULER'S MEMORIAL CHAPEL: Approve Resolurion No. 08-11 abandoning a
10' x 150' utility= easement located on Shiner's Memorial Chapel property= at 606 West
Atlanric Avenue.
C. ACCEPTANCE OF A RIGHT-OF-WAY DEED/362 N.E. 3RD AVENUE:
Approve and accept aright-of-wad= deed for dedicarion of 2' of alley= right-of-wad= and 5'
of road right-of-wad= associated with renovation for a public parking lot at 362 N.E. 3rd
Avenue.
D. QUEST FOR SIDEWALK DEFERRALS/SEASAGE DRIVE AND
TAMARIND ROAD: Approve a request to defer the installarion of sidewalks along
Seasage Drive and Tamarind Road for the Ferrara Residence located at the northeast
corner of Seasage Drive and Tamarind Road.
02/15/2011
-2-
E. QUEST FOR SIDEWALK DEFERRAL/1018 POINSETTIA DRIVE:
Approve a request to defer the installarion of a sidewalk along Poinsettia Drive for the
Fonfara Residence located at 1018 Poinsettia Drive.
F. AGREEMENT EXTENSION/DR. TOHN FLETEMEYER/SEA TURTLE
MONITORING SERVICES: Approve an agreement extension for one ~=ear with
Dr. John Fleteme~=er in the amount of $38,750.00 for sea turtle monitoring services.
Funding is available from 332-4164-572-34.90 (Beach Restorarion Fund: Other
Contractual Services).
G. DISASTER RECOVERY INITIATIVE (DRI) /HOUSING
REHABILITATION CONTRACT AWARD: Approve one (1) Housing
Rehabilitarion contract award for the project located at 808 S.W. 11th Terrace to Ray
Graeve and Sons Construcrion, Inc., the lowest responsive bidder, in the amount of
X33,723.21 for housing rehabilitation under the Disaster Recovery Initiative (DRI)
Program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other
Current Charges/Housing Rehabilitation).
H. CHANGE WORKSHOP MEETING DATE IN MARCH: Approval to
reschedule the Workshop Meeting from March 10, 2011 to March 8, 2011.
I. RESOLUTION NO. 05-11: Approve Resolurion No. 05-1lamending Resolutions
No. 55-09 and No. 58-09, which established the responsibilities of the Financial Review
Board and its member requirements, to clarify= that the board's dunes shall fall under the
direcrion of the City= Manager or City= Commission and restrict the membership of the
board.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
January 31, 2011 through February 11, 2011.
K. AWARD OF BIDS AND CONTRACTS:
1. MOVED r0 I rEM 9.A.A.A. ON rHE REGULAR AGENDA.
2. Contract award to multiple vendors in the amount of X115,159.59
for emergency= repair of the 36" Raw Water Main at the intersection of S.W. 10`h
Street and 15`h Avenue. Funding is available from 442-5178-536.63.50 (W & S
Renewal & Replacement Fund: Improvements Other/Water Mains).
3. Contract award to Associated Consulting Professionals for lead based paint
tesring and/or risk assessments as needed for houses built prior to 1978
participaring in the City='s housing rehabilitation program. Funding is available
from 118-1960-554-49.19 (Neighborhood Services/Other Current
Charges/Housing Rehabilitation) and 118-1963-554-49.19(Neighborhood
Services/Other Current Charges/Housing Rehabilitation).
02/15/2011
-3-
9. REGULAR AGENDA:
A.A. FINAL SUBDIVISION PLAT APPROVAL/SWINTON ACRES:
Approve the final plat fora 0.62 acre, two (2) lot subdivision known as Swinton Acres.
(C:ommissioner }?liopoulos filed a C:onflic~t of Interest and left the dais. 1Lotion to approve,
1lppro~-ed 3-0)
A.A.A. Contract award to Chaz Equipment in the amount of $24,000.00 for the emergency=
repair of a 10" Force Main on Lowson Boulevard just west of Congress Avenue at the
Abbey Delray entrance. Funding is available from 442-5178-536-63.51 (W & S Renewal
& Replacement Fund: Improvements Other/Sewer Mains). (1~~Iotion to approve,
1lppro~-ed, 4-0)
A. WAIVER REQUESTS/BRIGHT HORIZONS d/b/a 32 EAST: Consider two
(2) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4),
"Front Setbacks", and 4.4.13(F)(8), "Structures Allowed Within Setback", to permit a
proposed balcony=, support columns of the balcony=-canopy=, entry= arch columns and
attached high top tables to encroach within the front setback for Bright Horizons d/b/a
32 East located at 32 East Atlantic Avenue. (Quasi Judicial Hearing) (1~~Iotion to adopt
l_7oard order as presented; 1lppro~-ed, 4-0)
B. WAIVER REQUEST/ADVANCE AUTO PARTS: Consider a waiver request to
Land Development Regulations (LDR) Section 4.6.7 (E) (7), "Design Standards Matrix",
governing signs for Advance Auto Parts at 3003 South Federal Highway=. (Quasi-
, judicial Hearing (~1~~Iotion to adopt board order as presented; Approved, 4-0)
C. CONDITIONAL USE REQUEST/UNITED PARKING SYSTEMS. INC.:
Consider a Conditional Use request to allow United Parking S~=stems, Inc. to manage
and operate the existing SunTrust Bank off-site parking lot located at the southwest
corner of East Atlantic Avenue and S.E. 3rd Avenue as a commercial "for pad=" parking
lot with utilization b~= both bank customers and pad=ing patrons. (Quasi Judicial
Hearing (1~~Iotion to approve subject to conditions, Approved, 4-0)
D. QUEST FOR VALET QUEUE/PINEAPPLE GROOVE: Consider a request
from Pineapple Groove, located at 19 NE 3rd Avenue, to establish a parking valet
queue in the Railroad Parking Lot. (1~~Iotion to approve Option `B" request, Approved, 4-0)
E. GRANT APPLICATION/FLORIDA COMMUNITIES TRUST (FCT~
Consider authorizing submission of a grant application to Florida Communities
Trust (FCT) for the acquisition of three parcels surrounding the "505" Teen Center and
Skate Park between S.E. 5th Avenue and S.E. 6th Avenue (US1 Corridor) with
matching funds to be included in the FY 2012 Capital Improvement Plan. (1~~Iotion to
approve,llppro~-ed, 4-0)
02/15/2011
-4-
F. CONSULTING SERVICE AUTHORIZATION 06-10.2/CURRIE SOWARDS
AGUILA ARCHITECTS: Consider approval of Consulting Service Authorization
No. 06-10.2 with Currie Sowards Aguila Architects in the amount of $27,000.00 for
Phase II construction drawings for the Pompe~= Park Concession Building. Funding is
available from 334-4127-572-62.10 (General Construction Fund: Buildings). (1~~Iotion to
appro~-e as recommended l_r~- staff in favor of Option #6; 1lppro~-ed 4-0).
G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY
BOARD: Appoint one (1) Citizen-at-Large Representative to the Parking Management
Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the
rotation s~=stem, the appointment will be made b~= Commissioner Fetzer (Seat #2).
(C:ommissioner F etzer's appointment I3EFE12IiEI3 to the 1Larc~h 1, 2011 Regular Commission
1Leeting)
H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to serve an unexpired term ending January 14, 2012. Based upon the
rotation s~=stem, the appointment will be made b~= Commissioner Grad= (Seat #4).
(C:ommissioner CBra~'s appointment I3EEEIiIiEI3 to the 1Larc~h 1, 2011 Regular Commission
1Leeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 04-11 (FIRST READING/FIRST PUBLIC HEARING
Privately= initiated amendment to the Land Development Regulations (LDR) Section
4.4.13, "Central Business District", Subsection (D), "Conditional Uses and Structures
Allowed", to add "Escorted Segwa~= Tours" as a conditional use and amending Section
4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ),
"Segwa~= Tours and Segwa~= Sales", to provide for specific requirements for the
establishment and operation of such uses. If passed, a second public hearing will be
held on March 1, 2011. (Staffhas requested the item be postponed until the March
15, 2011 City Commission Meeting] (~~Iotion to hOS'I'hONE Ordinance No. 04-11,
1lppro~-ed, 4-0)
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. 03-11: Privately= initiated rezoning from Agricultural (A) District
to Professional and Office District (POD) fora 2.09 acre vacant parcel of land located
on the north side of West Atlantic Avenue, west of High Point Boulevard and the
Delray Garden Center. If passed, a public hearing will be held on March 1, 2011.
(ilLotion to approve, 1lppro~-ed, 4-0)
02/15/2011
-5-
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City=Manager
B. City= Attorney=
C. Citj=Commission
POSTED: FEBRUARY 11, 2011
02/15/2011
-6-