07-05-11 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, Tull, 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 Fetzer ,vas al_7sent.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (~ba~~or ~~1cL7uffie noted Item 9.L)., Reconsideration of a Vote for a
Community Redevelopment 1lgenc~- Board 1lppointment, ,vas I~08'I'I~ONED, Item 9.Cp.,
1lppointment to the F'inanc~ial Revie~,v Board, ,vas I~(J8'I'I~(JNEI39 additional information for Ttem 9.1~:.,
1lppointments to the Nuisance 111.7atement Board, ,vas on the dais. 1lppro~-ed as amended ~,vith Ttem
9.I7., Reconsideration of a Vote fora Community Redevelopment llgenc-~- Board 1lppointment,
remaining on the agenda, 4-0).
5. APPROVAL OF MINUTES:
A. June 21, 2011 -Regular Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. None
8. CONSENT AGENDA: City Manager Recommends Approval (Approved, 4-0)
A. QUEST FOR SIDEWALK DEFERRAL/114 N.W. 16th STREET: Approve a
request to defer the installation of a sidewalk along N.W. 16th Street and N.W. 2nd
Avenue for the property located at 114 N.W. 16th Street.
B. RESOLUTION NO. 26-11/ABANDONMENT OF SIDEWALK
EASEMENT/HYATT PLACE: Approve Resolution No. 26-11 to abandon a 5'x
55' sidewalk easement located on the property at 115 N.E. 1st Street associated with
H~=att Place development.
C. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/POMPEY PARK
CONCESSION STAND PROJECT: Approve an easement agreement between the
Citj= and Florida Power & Light (FPL) regarding a pad mounted transformer and
associated underground electrical utilities for the Pompe~= Park Concession Stand
Project.
D. MINOR SUBDIVISION PLAT APPROVAL/HYATT PLACE: Approve a minor
subdivision plat for 104 N.E. 2nd Avenue Plat (a/k/a Hyatt Place) located on the north
side of N.E. 1 st Street, between Pineapple Grove Way and N.E. 1 st Avenue.
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E. SUSTAINABLE COMMUNITIES GRANT CONSORTIUM
AGREEMENT: Approve a Consortium agreement to provide support to various
agencies, organizations, governments and individuals to complete work on a Regional
Sustainable Communities Initiative funded under a sustainabilitj= grant from US
Department of Housing and Urban Development.
F. DEVELOPER'S AGREEMENT/GRANITE WORTHING, LC: Approve a
Developer's Agreement with Granite Worthing, LC. in the amount of $12,535.00 for
funding of the re-design of Worthing Park.
1. SERVICE AUTHORIZATION NO. 07-05.1/AECOM: Approve Service
Authorization No. 07-05.1 with AECOM in the amount of X12,535.00 for
funding of the re-design of Worthing Park; contingent upon approval of the
Developer's Agreement. Funding is available from 117-4133-572-68.19
(Recreation Impact Fee FD: Other Improvement/Worthing Park
Improvement).
G. FINAL SUBDIVISION PLAT APPROVAL/FRANKLIN AT DELRAY
BEACH: Approve the Final Subdivision Plat for Franklin at Delray Beach, located on
the west side of Federal Highway, approximately 320 feet south of S.E. 10th Street and
north of the Plaza at Delray.
H. MODIFICATION #2 TO SUBGRANT AGREEMENT/NEIGHBORHOOD
STABILIZATION PROGRAM: Approve Modification #2 to the Neighborhood
Stabilization Program (NSP) Subgrant Agreement to extend the contract date to
Februarj= 4, 2012, pursuant to direction from the Department of Communitj=Affairs.
I. FUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
(CRA) /ECONOMIC DEVELOPMENT DIRECTOR POSITION: Approve a
Funding Agreement with the Community= Redevelopment Agency (CRA) regarding the
funding of the Economic Development Director position.
J. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2011-1: Formally
initiate Comprehensive Plan amendment 2011-1 pursuant to Section 9.2.1 of the Land
Development Regulations.
K. AGREEMENT/EZLINKS GOLF, INC. /MUNICIPAL GOLF COURSE AND
LAKEVIEW GOLF COURSE: Approve an Agreement with EZLinks Golf, Inc. to
provide the City= with Point of Sale computer s~=stems and other services for the
Municipal Golf Course and Lakeview Golf Course.
L. SUBDIVISION IMPROVEMENT AGREEMENT/KCMCL PINEAPPLE
GROVE, LLC: Approve a Subdivision Improvement Agreement with KCMCL
Pineapple Grove, LLC for the Hyatt Place at Pineapple Grove, to pay $7,500.00.00 of
improvements to the intersection of N.E. 1 st Avenue and N.E. 1 st Street to the City.
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M. AGREEMENT/DEB PETROLEUM COMPANY, INC.: Approve an Agreement
with DEB Petroleum Company=, Inc. for provision to the Citj= of an emergency= backup
supply= of diesel and unleaded fuel from the gas station at 380 W. Linton Boulevard as
necessary= during disaster response activities.
N. AGREEMENT/DEB PETROLEUM 2, INC.: Approve an Agreement with DEB
Petroleum Company= 2, Inc. for provision to the City= of an emergency=backup supply= of
diesel and unleaded fuel from the gas station at 2100 W. Linton Boulevard as necessary=
during disaster response activities.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
June 22, 2011 through July 1, 2011.
P. AWARD OF BIDS AND CONTRACTS:
Contract award to All Phase Roofing and Construcrion in the amount of
$16,922.00 for re-roofing of the Fleet Maintenance tire bad= roof. Funding is
available from 334-3351-591-46.10 (General Construction Fund: Repair &
Maintenance Services/Building Maintenance).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/MILAGRO CENTER: Consider a conditional
use request for Milagro Center to allow the establishment of a child care center to
operate within a porrion of the exisring 7,500 square foot clubhouse facilitj= at the
Village at Delra~= multiple family= residenrial development located at 695 Auburn
Avenue. (Quasi Judicial Hearing) (1~~Iotion to adopt board order as presented; Approved,
4-0)
B. WAIVER REQUESTS/BUGERFI RESTAURANT: Consider waiver requests to
Land Development Regulations (LDR) Section 4.6.7(J)(3), "Roof Signs", to allow a sign
to be placed above the roofline and Land Development Regulations (LDR) Section
4.6.7(E)(7), "Design Standards Matrix", to allow a sign to be placed on an elevation that
does not face a dedicated street frontage for BurgerFi Restaurant located at 6 South
Ocean Blvd. (Quasi Judicial Hearing) (~~Iotion to adopt board order as presented;
1pproved, 3-1. Commissioner Frankel dissenting)
C. TRANSFER OF PUBLIC ART BOARD FUNDS/INSTALLATION OF
EAGLE SCOUT STATUE: Consider approval to transfer money= from the Public
Art Board funds to pad= for installation of the Eagle Scout Statue at Old School Square
Park. Funding is available from 115-1702-579-31.90 (Special Projects Fund: Professional
Services/Other Professional Services). (~~Iotion to 'I'ABL.E, Approved, 4-0)
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D. RECONSIDERATION OF A VOTE FOR A COMMUNITY
REDEVELOPMENT AGENCY BOARD APPOINTMENT: Consider a request
to reconsider the vote for an appointment made to the Communitj= Redevelopment
Agency Board at the June 21, 2011 Regular Commission Meeting. (1~~Iotion to reconsider
Commissioner Cpra~'s appointment to the Community- Rede~-elopment 1lgencv Board; Denied,
4-0)
E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) regular member to the Code Enforcement Board for an unexpired term ending
January 14, 2012. Based upon the rotarion system, the appointment will be made by
Commissioner Frankel (Seat #3). (Appointed Kurt Lehmann and approved, 4-0)
F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT
AUTHORITY: Appoint one (1) regular member to the Downtown Development
Authority (DDA) to serve a three (3) year term ending July 1, 2014. Based upon the
rotation system, the appointment will be made by Commissioner Carney (Seat
#1). (1ppointed Rvan I3c~vlston and appro~-ed, 4-0)
G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1)
alternate member to the Financial Review Board to serve a (2) year term ending July 31,
2013. Based upon the rotation system, the appointment will be made by Commissioner
Fetzer (Seat #2). (hOS'I'hONED)
H. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) regular member to the Green
Implementation Advancement Board to serve a two (2) year term ending July 31,
2013. Based upon the rotation system, the appointment will be made by Commissioner
Carney (Seat #1). (Appointed Jeff Benavides and approved, 4-0)
I. APPOINTMENTS TO THE EDUCATION BOARD: Appoint three (3) regular
members to the Education Board to serve a two (2) year term ending July 31,
2013. Based upon the rotarion system, the appointments will be made by Commissioner
Fetzer (Seat #2), Commissioner Carney (Seat #1) and Commissioner Fetzer (Seat #2).
(ilLotion to reconsider appointment of C)ra Sorensen; 1lppro~-ed, 4-0. 1ppointed Leallnne
I7eRigne and approved, 4-0. Commissioner I etzer's t~,vo (2) appointments ,vas deferred to the
Ju1~- 19, 2011 Regular Commission 1Leeting)
J. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1)
regular member to serve a two (2) year term ending July 31, 2013 and one (1) regular
member to serve an unexpired term ending July 31, 2012 to the Police Advisory Board.
Based upon the rotation system, the appointments will be made by Commissioner
Fetzer (Seat #2) and Commissioner Carney (Seat #1). (Commissioner F'etter's and
Commissioner Carnev's appointments ~,vere DEFE1212ED to the Ju1~- 19, 2011 Regular
Commission 1Leeting)
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K. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint
three (3) regular members and one (1) alternate member to the Nuisance Abatement
Board to serve two (2) year terms ending on July 31, 2013. Based upon the rotation
s~=stem, the appointments will be made b~= Mai=or McDuffie (Seat #5), Commissioner
Carne= (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3).
(1lppointed CBreta Britt and appro~-ed, 4-0; 1lppointed Patricia Conlon and appro~-ed 4-0;
1lppointed 'T'heresa I7iZ'erna and appro~-ed, 4-0. Commissioner F'etter's appointment ,vas
deferred to the Ju1~- 19, 2011 Regular 1Leeting)
L. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint
three (3) regular members to the Public Art Advisor]=Board to serve a two (2) ~=ear term
ending July 31, 2013. Based upon the rotation system, the appointments will be made by
Commissioner Carne= (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner
Frankel (Seat #3). (1lppointed 1Larv 1Linieka and appro~-ed, 4-0; 1lppointed C)ra Sorenson and
approved 4-0. Commissioner F otter's appointment ,vas deferred to the Ju1~- 19, 2011 Regular
1Leeting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 22-11 (FIRST READING/FIRST PUBLIC HEARINGI:
Citj=-initiated amendment to the Land Development Regulations (LDR) Section 4.6.9,
"Off Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces
Required", and Appendix "A", "Definitions", b~= adding the definition of call centers
and providing for specific parking requirements for call centers. If passed, a second
public hearing will be held on July 19, 2011. (1~~Totion to approve, Approved, 4-0)
B. DEVELOPMENT AGREEMENT/CDS DELRAY REDEVELOPMENT
LLC/CDR ATLANTIC PLAZA, LTD.: Consider approval of a Development
Agreement with CDS Delra~= Redevelopment, LLC. and CDR Atlantic Plaza, LTD.
regarding the Atlantic Plaza Project (1~~Totion to approve to move to the Jt~h~ 19, 2011
Regular Commission 1Leeting, 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. 20-11: Citj=-initiated amendment to the Land Development
Regulations (LDR) Section 4.4.13, "Central Business (CBD) District", Subsection (G),
"Supplemental District Regulations", and Section 4.4.24, "Old School Square Historic
Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations", to
clarify= the parking requirements for restaurants. If passed, a public hearing will be held
on July 19, 2011. (1~~Totion to approve, Approved, 4-0)
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B. ORDINANCE NO. 21-11: Citj=-iniriated amendment to the Land Development
Regularions (LDR) to clarify= the applicabilitj= of the pad=ment of in-lieu of parking
program. If passed, a public hearing will be held on July 19, 2011. (~~Iotion to approve,
1lppro~-ed, 4-0)
C. ORDINANCE NO. 23-11: Citj=-iniriated amendment to the Land Development
Regularions (LDR) Section 2.4.3(K), "Fees", Subsection 2.4.3(K)(1), "Development
Applications", to provide for an increase in fees. If passed, a public hearing will be held
on July 19, 2011. (~~Iotion to approve, Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: JULY 1, 2011
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