12-11-12 Agenda Results Regular MeetingMicrosoft Word - 12-11-12 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, December 11, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission
Chambers Delray Beach City Hall 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 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 presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled
to speak on items under this 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. 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, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 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. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774
12/11/2012 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.B., Presentation by Sister Cities’ Student Ambassadors:
Spencer Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakhik, Phoebe Weiner and Danielle Zaros was added to Presentations as an addendum; Item 7.C., Presentation by Coastal
Planning & Engineering on Beach Renourishment, was added to Presentations as an addendum; Item 8.P., FY 2013 Proposed Performance Measures/Golf Courses and Tennis Facilities, was moved
to the Regular Agenda as Item 10.A.A.; Item 8.S.2., Bid Award/Sealand Contractors, there was additional information on the dais; Item 10.G., Proposed Sponsorship/Cleveland Clinic/International
Tennis Championships and Champions Tour, there was revised information on the dais; Item 10.K., Revised General Employees Investment Policy Guidelines, was added to the Regular Agenda
as an addendum and Item 10.L., Bid Award/ELEV8 Sports Institute was added to the Regular Agenda as an addendum Approved as amended, 5-0) 5. APPROVAL OF MINUTES: A. None 6. PROCLAMATIONS:
A. None 7. PRESENTATIONS: A. RESOLUTION NO. 57-12: Approve Resolution No. 57-12 recognizing and commending Timothy Simmons for 30 years of dedicated service to the City of Delray Beach.
(Approved, 5-0) B. Presentation by Sister Cities’ Student Ambassadors: Spencer Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakhik, Phoebe Weiner and Danielle Zaros (ADDENDUM)
C. Presentation by Coastal Planning & Engineering on Beach Renourishment (ADDENDUM) 8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0) A. FINAL SUBDIVISION
PLAT APPROVAL/SPODAK DENTAL OFFICE: Approve a final subdivision plat for Spodak Dental Office, a new office development located on the north side of West Atlantic Avenue, west of Homewood
Boulevard.
12/11/2012 -3 -B. FINAL SUBDIVISION PLAT APPROVAL/MIDTOWN DELRAY REPLAT 1: Approve a final subdivision plat for a new townhouse development being re-platted as Midtown Delray Re-Plat
1, located south of Linton Boulevard, near Military Trail, between Park Access Road and Orchard Lane. C. CONSULTING SERVICE AUTHORIZATION NO. 12-02/KIMLEY HORN AND ASSOCIATES, INC.:
Approve Consulting Service Authorization No. 12-02 with Kimley Horn and Associates, Inc. in the amount of $98,271.36 for post design services for the Federal Highway Enhancements Project;
contingent upon approval the Interlocal Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) for the US 1 Corridor Improvement Project.
Funding is available from 334-3162-541-68.52 (General Construction Fund: Capital Outlay/Buildings). D. MULTI-PARTY AGREEMENT: CITY OF DELRAY BEACH/COMMUNITY REDEVELOPMENT AGENCY (CRA)/DELRAY
BEACH PRESERVATION TRUST: Approve a Multi-Party Agreement between the City of Delray Beach, the Community Redevelopment Agency (CRA) and the Delray Beach Preservation Trust for the Neighborhood
Sign Program. E. RESOLUTION NO. 60-12: Approve Resolution No. 60-12 to name the north-south public alley located east of N.E. 3rd Avenue, between N.E. 3rd Street and N.E. 4th Street
“Artists Alley”. F. AMENDMENT NO. 2 TO THE CONTRACT FOR SALE AND PURCHASE: 2707 S.W. 2ND STREET: Approve Amendment No. 2 to the Contract for Sale and Purchase between the City and Santiago
Gutierrez to extend the closing date to January 15, 2013 for the sale of Neighborhood Stabilization Program (NSP) property located at 2707 S.W. 2nd Street. G. LANDSCAPE MAINTENANCE AGREEMENT/101
S.E. 2ND AVENUE: Approve a Landscape Maintenance Agreement with Susan Wieland for tree replacement within the right-of-way at 101 S.E. 2nd Avenue. H. LAND USE RESTRICTION AGREEMENT AND
DEED RESTRICTIONS/DELRAY HOUSING GROUP, INC./614 S.W. 6TH AVENUE: Approve a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restrictions with Delray Housing
Group, Inc. for the property located at 614 S.W. 6th Avenue. I. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 530 N.W. 48TH AVENUE: Approve a Neighborhood Stabilization Program
(NSP) Land Use Restriction Agreement and Deed Restrictions with Jean L. Nelan for the property located at 530 N.W. 48th Avenue.
12/11/2012 -4 -J. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 3740 LANCEWOOD PLACE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed
Restrictions with Lana Ritz for the property located at 3740 Lancewood Place sold for single-family homeownership. K. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/DELRAY HOUSING
GROUP, INC./1505 S.W. 3RD COURT: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated
property located at 1505 S.W. 3rd Court. L. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/DELRAY HOUSING GROUP, INC./1212-1214 SW 2ND STREET: Approve a Neighborhood Stabilization
Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 1212-1214 S.W. 2nd Avenue. M. LAND USE RESTRICTION
AGREEMENT AND DEED RESTRICTIONS/DELRAY HOUSING GROUP, INC./616 S.W. 9TH STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions
with Delray Housing Group, Inc. for the donated property located at 616 S.W. 9th Street. N. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/DELRAY HOUSING GROUP, INC./518 S.W. 9TH
COURT: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 518
S.W. 9th Court. O. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 3619 AVENUE MONTRESSOR: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and
Deed Restrictions with Heubreux Destinvil for a property that will be sold for single-family homeownership located at 3619 Avenue Montressor. P. (MOVED TO ITEM 10.A.A. ON THE REGULAR
AGENDA) Q. SPECIAL EVENT REQUEST/SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and supported by the Downtown Development
Authority, to be held on March 28, 2013 from 5:30 p.m. to 8:30 p.m.; to grant a temporary 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 security, barricading, use of a City owned portable generator and banner hanging with
banners to be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement
by March 7, 2013. The event sponsor is responsible for an estimated total cost of $4,323.00.
12/11/2012 -5 -R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 3, 2012 through December
7, 2012. S. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Coastal Contracting & Development, Inc. the lowest responsive bidder, in the amount of $92,510.00 for renovations to the Utility
Billing Division. Funding is available from 442-5178-536-62.10 (Water & Sewer Renewal & Replacement Fund: Buildings). 2. Bid award to Sealand Contractors in the amount of $12,486,967.77
for the Federal Highway Beautification Project; contingent upon approval of an Interlocal Agreement between the City and the Community Redevelopment Agency for the US 1 Corridor Improvement
Project and bid concurrence from the Florida Department of Transportation (FDOT). Funding is available from 442-5178-536-68.52 (Water & Sewer Renewal & Replacement Fund: Improvements
Other/Federal Highway Beautification), 448-5461-538-68.52 (Storm Water Utility Fund: Other Improvement/Federal Highway Beautification), 334-3162-541-68.52 (General Construction Fund:
Other Improvement/Federal Highway Beautification) and 334-3162-541-68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification). 3. Purchase award to HD Supply
Waterworks, LTD in the amount of $55,233.00 for the purchase of 19 Hydroguard (Model HG-10) automatic water line flushing units. Funding is available from 442-5178-536-64.90 (Water &
Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING CONSENT AGENDA.
A. City Manager's response to prior public comments and inquiries. B. From the Public. 10. REGULAR AGENDA: AA. FY 2013 PROPOSED PERFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES:
Approve proposed performance measures for FY 2013 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. (Motion to approve; Approved, 5-0)
12/11/2012 -6 -A. WAIVER REQUEST/HYATT PLACE: Consider approval of a waiver request from Land Development Regulations (LDR) which limits the length of time that a stand-alone bar may
reserve a site for the Hyatt Place hotel, located at 104 Pineapple Grove Way. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) B. CONDITIONAL USE REQUEST/SOUTH
OF ATLANTIC (SOFA) BUILDING #1: Consider a conditional use request to allow a density in excess of 30 units per acre (62.2 du/ac proposed) for SOFA Building #1, located on the east side
of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street in conjunction with the construction of 117 residential units within a 4-story structure. (Quasi-Judicial Hearing) (Motion
to adopt board order as presented; Approved, 5-0) 1. WAIVER REQUEST/SOUTH OF ATLANTIC (SOFA) BUILDING #1: Consider a request for waiver to Land Development Regulations (LDR) Section
4.7.9(i), “Family Workforce Housing”, to allow an increase in the percentage of one bedroom units in the project to exceed the 30% maximum allowed (56.41% proposed) for SOFA Building
#1, located on the east side of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. CONDITIONAL
USE REQUEST/SOUTH OF ATLANTIC (SOFA) BUILDING #2: Consider approval of a conditional use request to Land Development Regulations (LDR) Section 4.4.13(I), “Performance Standards”, to
allow a density in excess of 30 units per acre (64.7 du/ac proposed) for SOFA Building #2, located on the west side of S.E. 2nd Avenue, between S.E. 1st Street and S.E. 2nd Street in
conjunction with the construction of 55 residential units within a 4-story structure. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) 1. WAIVER REQUEST/SOUTH
OF ATLANTIC (SOFA) BUILDING #2: Consider a waiver request to Land Development Regulations (LDR) Section 4.7.9(i), “Family Workforce Housing”, to allow an increase in the percentage of
one bedroom units over the maximum of 30% allowed (54.5% proposed) for SOFA Building #2, located on the west side of S.E. 2nd Avenue, south of S.E. 1st Street. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 5-0) D. WAIVER REQUEST/1240 SEASPRAY AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section
4.6.14(B)(1), “Sight Visibility Triangle Measurements, Driveway Intersecting Street or Alley”, to allow a seven foot (7’) reduction of the minimum ten foot (10’) sight visibility triangle
requirement within the North Beach Overlay District for the Barbara Residence located at 1240 Seaspray Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved,
5-0)
12/11/2012 -7 -E. CONDITIONAL USE REQUEST/OCEAN CITY PROPERTIES, LTD.: Consider approval of a conditional use request to convert 10,800 sq. ft. of existing retail space to a 3,550 sq.
ft. full service restaurant and bar with a 7,250 sq. ft. bowling alley with eight (8) lanes, located within the Ocean City Lumber Complex at N.E. 2nd Avenue, between East Atlantic Avenue
and N.E. 1st Street. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) F. AUTHORIZE CONTRACT NEGOTIATIONS FOR A NEW CITY MANAGER: Consider authorizing
the City Attorney to enter into contract negotiations with the Commission’s first choice for the new City Manager. (Motion to authorize the City Attorney to begin contract negotiations
with Louie Chapman as soon as possible; Approved, 3-2. Commissioner Frankel and Mayor McDuffie dissenting) G. PROPOSED SPONSORSHIP/CLEVELAND CLINIC/INTERNATIONAL TENNIS CHAMPIONSHIPS
AND CHAMPIONS TOUR: Consider approval of a proposed two (2) year sponsorship arrangement between the City and Cleveland Clinic for the Delray Beach International Tennis Championships
and Champions Tour. (Motion to approve; Denied, 4-0. Commissioner Jacquet left the dais) H. RESOLUTION NO. 62-12: Approve Resolution No. 62-12; establishing specific program guidelines
for economic development incentive programs funded through the City budget and the Delray Beach Economic Development Fund. (Motion to approve; Approved, 5-0. Commissioner Jacquet left
the dais) I. WRITE-OFF SPECIAL EVENTS DEBT: Consider approval of write offs in the amount of $51,137.71 owed to the City for various Special Events. (Motion to approve; Approved, 5-0)
J. OFFER OF SETTLEMENT IN LANDMARK ADVERTISING, LLC. v. CITY OF DELRAY BEACH: Consider an Offer of Settlement in Landmark Advertising LLC. v. City of Delray Beach. Staff recommends denial.
(Motion to approve; Denied, 5-0) K. REVISED GENERAL EMPLOYEES INVESTMENT POLICY GUIDELINES: Consider approval of a revised General Employees Investment Policy Guidelines. (ADDENDUM)
(Motion to approve; Approved, 5-0) L. BID AWARD/ELEV8 SPORTS INSTITUTE: Consider approval of a bid award to ELEV8 Sports Institute in the amount of $38,400.00 for the annual landscape
maintenance of three (3) ballfields at Pompey Park. Funding is available from 001-4131-572-34.90 (General Fund: Other Contractual Service. (ADDENDUM) (Motion to approve; Approved, 5-0)
12/11/2012 -8 -11. PUBLIC HEARINGS: A. ORDINANCE NO. 41-12 (SECOND READING/SECOND PUBLIC HEARING): Consider a privately-initiated rezoning request from Planned Office Center (POC) to
Special Activities District (SAD) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. (Quasi-Judicial Hearing) (THE APPLICANT HAS REQUESTED
THIS ITEM BE POSTPONED TO THE JANUARY 3, 2013 REGULAR MEETING) (Motion to postpone to the January 3, 2013 Regular Meeting; Approved, 5-0) B. RESOLUTION NO. 58-12/CONTRACT FOR SALE AND
PURCHASE/1040 HOMEWOOD BOULEVARD #L201: Consider approval of Resolution No. 58-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program
(NSP) property located at 1040 Homewood Boulevard #L201to Sebastian Bellotti for the purchase price of $45,800.00 or appraised value. (Motion to approve; Approved, 5-0) C. RESOLUTION
NO. 61-12/CONTRACT FOR SALE AND PURCHASE/135 S.W. 6TH AVENUE: Consider approval of Resolution No. 61-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood
Stabilization Program (NSP) property located at 135 S.W. 6th Avenue to Vena Poussin and Jean Francois Alies for the purchase price of $106,950.00 or appraised value. (Motion to approve;
Approved, 5-0) 12. FIRST READINGS: B. ORDINANCE NO. 44-12: Consider an ordinance calling for a referendum to be held on March 12, 2013, proposing to the electorate of the City that the
City Commission be authorized to grant a property tax exemption to certain qualified businesses pursuant to Section 3, Article VII of the State Constitution; providing for submission
of the proposed ballot question to the electors of the City; setting forth the form of the question to be voted upon at such election. If passed, a public hearing will be held on January
3, 2013. (Motion to approve; Approved, 5-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: DECEMBER 7, 2012 ****** Meeting
adjourned at 10:24 p.m. ******
12/11/2012
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.B., Presentation by Sister Cities’ Student
Ambassadors: Spencer Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakhik, Phoebe
Weiner and Danielle Zaros was added to Presentations as an addendum; Item 7.C., Presentation by
Coastal Planning & Engineering on Beach Renourishment, was added to Presentations as an addendum;
Item 8.P., FY 2013 Proposed Perfor mance Measures/Golf Courses and Te nnis Facilities, was moved to
the Regular Agenda as Item 10.A.A.; Item 8.S.2., Bid Award/Sealand Contractors, there was additional
information on the dais; Item 10.G., Proposed Sponsorship/Cleveland Clinic/International Tennis
Championships and Champions Tour, there was revised information on the dais; Item 10.K., Revised
General Employees Investment Poli cy Guidelines, was added to the Re gular Agenda as an addendum
and Item 10.L., Bid Award/ELEV8 Sports Institute was added to the Regular Agenda as an addendum
Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
A. None
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. RESOLUTION NO. 57-12: Approve Resolution No. 57-12 recognizing and
commending Timothy Simmons for 30 years of dedicated service to the City of Delray
Beach. (Approved, 5-0)
B. Presentation by Sister Cities’ Student Ambassadors: Spencer Anderson, Emma Arrieta,
Alex Brandt, Mika Durante, Izaak Lakh ik, Phoebe Weiner and Danielle Zaros
(ADDENDUM)
C. Presentation by Coastal Planning & Engineering on Beach Renourishment
(ADDENDUM)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL SUBDIVISION PLAT APPR OVAL/SPODAK DENTAL OFFICE:
Approve a final subdivision plat for Spodak Dental Office, a new office development
located on the north side of West Atlantic Avenue, west of Homewood Boulevard.
12/11/2012
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B. FINAL SUBDIVISION PLAT APPROVAL/MIDTOWN DELRAY REPLAT 1:
Approve a final subdivision plat for a new townhouse development being re-platted as
Midtown Delray Re-Plat 1, located south of Linton Boulevard, near Military Trail,
between Park Access Road and Orchard Lane.
C. CONSULTING SERVICE AUTHORIZATION NO. 12-02/KIMLEY HORN
AND ASSOCIATES, INC.: Approve Consulting Service Authorization No. 12-02
with Kimley Horn and Associates, Inc. in the amount of $98,271.36 for post design
services for the Federal Highway Enhancements Project; contingent upon approval the
Interlocal Agreement between the City of Delray Beach and the Delray Beach
Community Redevelopment Agency (CRA) for the US 1 Corridor Improvement
Project. Funding is available from 334-31 62-541-68.52 (General Construction Fund:
Capital Outlay/Buildings).
D. MULTI-PARTY AGREEMENT: CITY OF DELRAY BEACH/COMMUNITY
REDEVELOPMENT AGENCY (CRA)/DELRAY BEACH PRESERVATION
TRUST: Approve a Multi-Party Agreement between the City of Delray Beach, the
Community Redevelopment Agency (CRA) and the Delray Beach Preservation Trust
for the Neighborhood Sign Program.
E. RESOLUTION NO. 60-12: Approve Resolution No. 60-12 to name the north-south
public alley located east of N.E. 3rd Av enue, between N.E. 3rd Street and N.E. 4th
Street “Artists Alley”.
F. AMENDMENT NO. 2 TO THE CONT RACT FOR SALE AND PURCHASE:
2707 S.W. 2ND STREET: Approve Amendment No. 2 to the Contract for Sale and
Purchase between the City and Santiago Gutierrez to extend the closing date to January
15, 2013 for the sale of Neighborhood Stabiliz ation Program (NSP) property located at
2707 S.W. 2nd Street.
G. LANDSCAPE MAINTENANCE AGREEMENT/101 S.E. 2ND AVENUE:
Approve a Landscape Maintenance Agreement with Susan Wieland for tree replacement
within the right-of-way at 101 S.E. 2nd Avenue.
H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/
DELRAY HOUSING GROUP, IN C./614 S.W. 6TH AVENUE: Approve a
Neighborhood Stabilization Program Land Use Restriction Agreement and Deed
Restrictions with Delray Housi ng Group, Inc. for the prope rty located at 614 S.W. 6th
Avenue.
I. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:
530 N.W. 48 TH AVENUE: Approve a Neighborhood Stabilization Program (NSP)
Land Use Restriction Agreement and Deed Restrictions with Jean L. Nelan for the
property located at 530 N.W. 48th Avenue.
12/11/2012
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J. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS:
3740 LANCEWOOD PLACE: Approve a Neighborhood Stabilization Program
(NSP) Land Use Restriction Agreement and D eed Restrictions with Lana Ritz for the
property located at 3740 Lancewood Place sold for single-family homeownership.
K. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/
DELRAY HOUSING GROUP, INC./1505 S.W. 3 RD COURT: Approve a
Neighborhood Stabilization Program (NSP) La nd Use Restriction Agreement and Deed
Restrictions with Delray Housing Group, In c. for the donated property located at 1505
S.W. 3rd Court.
L. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/
DELRAY HOUSING GROUP, INC./1212-1214 SW 2 ND STREET: Approve a
Neighborhood Stabilization Program (NSP) La nd Use Restriction Agreement and Deed
Restrictions with Delray Housing Group, In c. for the donated property located at 1212-
1214 S.W. 2nd Avenue.
M. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/
DELRAY HOUSING GROUP, INC./616 S.W. 9 TH STREET: Approve a
Neighborhood Stabilization Program (NSP) La nd Use Restriction Agreement and Deed
Restrictions with Delray Housing Group, In c. for the donated property located at 616
S.W. 9th Street.
N. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/
DELRAY HOUSING GROUP, INC./518 S.W. 9 TH COURT: Approve a
Neighborhood Stabilization Program (NSP) La nd Use Restriction Agreement and Deed
Restrictions with Delray Housing Group, In c. for the donated property located at 518
S.W. 9th Court.
O. LAND USE RESTRICTION AGREEMEN T AND DEED RESTRICTIONS:
3619 AVENUE MONTRESSOR: Approve a Neighborhood Stabilization Program
(NSP) Land Use Restriction Agreement and D eed Restrictions with Heubreux Destinvil
for a property that will be sold for single -family homeownership located at 3619 Avenue
Montressor.
P. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA)
Q. SPECIAL EVENT REQUEST/SAVOR THE AVENUE: Approve and endorse
Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and
supported by the Downtown Development Au thority, to be held on March 28, 2013
from 5:30 p.m. to 8:30 p.m.; to grant a temporary 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.; an d to authorize staff support for security,
barricading, use of a City owned portable ge nerator and banner hanging with banners to
be hung no sooner than 14 days prior to the event; contingent upon receipt of a
certificate of event and alcohol liability insurance and an executed Hold Harmless
Agreement by March 7, 2013. The event spons or is responsible for an estimated total
cost of $4,323.00.
12/11/2012
- 5 -
R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 3, 2012 through December 7, 2012.
S. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Coastal Contracting & Development, Inc. the lowest responsive
bidder, in the amount of $92,510.00 for renovations to the Utility Billing
Division. Funding is available from 442-5178-536-62.10 (Water & Sewer
Renewal & Replacement Fund: Buildings).
2. Bid award to Sealand Contractors in the amount of $12,486,967.77 for the
Federal Highway Beautification Project; contingent upon approval of an
Interlocal Agreement between the Ci ty and the Community Redevelopment
Agency for the US 1 Corridor Improvement Project and bid concurrence from
the Florida Department of Transportati on (FDOT). Funding is available from
442-5178-536-68.52 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/Federal Highway Beautification), 448-5461-538-68.52
(Storm Water Utility Fund: Othe r Improvement/Federal Highway
Beautification), 334-3162-541-68.52 (General Construction Fund: Other
Improvement/Federal Highway Beauti fication) and 334-3162-541-68.52
(General Construction Fund: Other Improvement/Federal Highway
Beautification).
3. Purchase award to HD Supply Waterwork s, LTD in the amount of $55,233.00
for the purchase of 19 Hydroguard (Model HG-10) automatic water line
flushing units. Funding is available fr om 442-5178-536-64.90 (Water & Sewer
Renewal & Replacement Fund: Machinery/Equipment/ Other Machinery/
Equipment).
9. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING CONSENT AGENDA.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
10. REGULAR AGENDA:
AA. FY 2013 PROPOSED PERFORMANC E MEASURES/GOLF COURSES AND
TENNIS FACILITIES: Approve proposed performan ce measures for FY 2013 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. (Motion to
approve; Approved, 5-0)
12/11/2012
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A. WAIVER REQUEST/ HYATT PLACE: Consider approval of a waiver request
from Land Development Regulations (LDR) which limits the length of time that a
stand-alone bar may reserve a site for the Hy att Place hotel, located at 104 Pineapple
Grove Way. (Quasi-Judicial Hearing) (Motion to adopt board order as presented;
Approved, 5-0)
B. CONDITIONAL USE REQUEST/SOUTH OF ATLANTIC (SOFA)
BUILDING #1: Consider a conditional use request to allow a density in excess of 30
units per acre (62.2 du/ac proposed) for SOFA Building #1, located on the east side of
S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street in conjunction with the
construction of 117 residential units within a 4-story structure. (Quasi-Judicial
Hearing) (Motion to adopt board order as presented; Approved, 5-0)
1. WAIVER REQUEST/SOUTH OF ATLANTIC (SOFA) BUILDING
#1: Consider a request for waiver to Land Development Regulations (LDR)
Section 4.7.9(i), “Family Workforce Housing”, to allow an increase in the
percentage of one bedroom units in the project to exceed the 30% maximum
allowed (56.41% proposed) for SOFA Build ing #1, located on the east side of
S.E. 3rd Avenue, between S.E. 1st Street and S.E. 2nd Street. (Quasi-Judicial
Hearing) (Motion to adopt board order as presented; Approved, 5-0)
C. CONDITIONAL USE REQUEST/SOUTH OF ATLANTIC (SOFA)
BUILDING #2: Consider approval of a conditional use request to Land
Development Regulations (LDR) Section 4.4.13 (I), “Performance Standards”, to allow a
density in excess of 30 units per acre (64.7 du/ac proposed) for SOFA Building #2,
located on the west side of S.E. 2nd Avenue, between S.E. 1st Street and S.E. 2nd Street
in conjunction with the construction of 55 residential units within a 4-story structure.
(Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
1. WAIVER REQUEST/SOUTH OF ATLANTIC (SOFA) BUILDING
#2: Consider a waiver request to La nd Development Regulations (LDR)
Section 4.7.9(i), “Family Workforce Housing”, to allow an increase in the
percentage of one bedroom units over the maximum of 30% allowed (54.5%
proposed) for SOFA Building #2, located on the west side of S.E. 2nd Avenue,
south of S.E. 1st Street. (Quasi-Judicial Hearing) (Motion to adopt board order
as presented; Approved, 5-0)
D. WAIVER REQUEST/ 1240 SEASPRAY AVENUE: Consider approval of a waiver
request to Land Development Regulations (LDR) Section 4.6.14(B)(1), “Sight Visibility
Triangle Measurements, Driveway Intersecting Street or Alley”, to allow a seven foot
(7’) reduction of the minimum ten foot (10’) sight visibility triangle requirement within
the North Beach Overlay District for the Barbara Residence located at 1240 Seaspray
Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved,
5-0)
12/11/2012
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E. CONDITIONAL USE REQUEST/OCEAN CITY PROPERTIES, LTD.:
Consider approval of a conditional use request to convert 10,800 sq. ft. of existing retail
space to a 3,550 sq. ft. full service restaurant and bar with a 7,250 sq. ft. bowling alley
with eight (8) lanes, located within th e Ocean City Lumber Complex at N.E. 2nd
Avenue, between East Atlantic Avenue and N.E. 1st Street. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 5-0)
F. AUTHORIZE CONTRACT NEGOTI ATIONS FOR A NEW CITY
MANAGER: Consider authorizing the City Attorney to enter into contract
negotiations with the Commission’s first choice for the new City Manager. (Motion to
authorize the City Attorney to begin contract negotiations with Louie Chapman as soon as
possible; Approved, 3-2. Commissioner Frankel and Mayor McDuffie dissenting)
G. PROPOSED SPONSORSHIP/ CLEVELAND CLINIC/INTERNATIONAL
TENNIS CHAMPIONSHIPS AND CHAMPIONS TOUR: Consider approval of
a proposed two (2) year sponsorship arrang ement between the Ci ty and Cleveland
Clinic for the Delray Beach International Tennis Championships and Champions Tour.
(Motion to approve; Denied, 4-0. Commissioner Jacquet left the dais)
H. RESOLUTION NO. 62-12: Approve Resolution No. 62-12; establishing specific
program guidelines for economic developmen t incentive programs funded through the
City budget and the Delray Beach Economic Development Fund. (Motion to approve;
Approved, 5-0. Commissioner Jacquet left the dais)
I. WRITE-OFF SPECIAL EVENTS DEBT: Consider approval of write offs in the
amount of $51,137.71 owed to th e City for various Special Events. (Motion to approve;
Approved, 5-0)
J. OFFER OF SETTLEMENT IN LANDMARK ADVERTISING, LLC. v. CITY
OF DELRAY BEACH: Consider an Offer of Settlement in Landmark Advertising
LLC. v. City of Delray Beach. Staff recommends denial. (Motion to approve; Denied, 5-0)
K. REVISED GENERAL EMPLOYEES INVESTMENT POLICY
GUIDELINES: Consider approval of a revised General Employees Investment
Policy Guidelines. (ADDENDUM) (Motion to approve; Approved, 5-0)
L. BID AWARD/ELEV8 SPORTS INSTITUTE: Consider approval of a bid award
to ELEV8 Sports Institute in the amount of $38,400.00 for the annual landscape
maintenance of three (3) ballf ields at Pompey Park. Funding is available from 001-4131-
572-34.90 (General Fund: Other Contractual Service. (ADDENDUM) (Motion to
approve; Approved, 5-0)
12/11/2012
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11. PUBLIC HEARINGS:
A. ORDINANCE NO. 41-12 (SECOND READING/SECOND PUBLIC
HEARING): Consider a privately-initiated rezoning request from Planned Office
Center (POC) to Special Activities Distri ct (SAD) for Delray Place, located at the
southeast corner of Linton Boulevard and South Federal Highway. (Quasi-Judicial
Hearing) (THE APPLICANT HAS REQUESTED THIS ITEM BE
POSTPONED TO THE JANUARY 3, 2013 REGULAR MEETING) (Motion to
postpone to the January 3, 2013 Re gular Meeting; Approved, 5-0)
B. RESOLUTION NO. 58-12/CONTRACT FOR SALE AND PURCHASE/1040
HOMEWOOD BOULEVARD #L201: Consider approval of Resolution No. 58-12,
a contract for sale and purchase, authorizing the City to sell the Neighborhood
Stabilization Program (NSP) property located at 1040 Homewood Boulevard #L201to
Sebastian Bellotti for the purchase pri ce of $45,800.00 or appraised value. (Motion to
approve; Approved, 5-0)
C. RESOLUTION NO. 61-12/CONTRACT FOR SALE AND PURCHASE/135
S.W. 6TH AVENUE: Consider approval of Resolution No. 61-12, a contract for sale
and purchase, authorizing the City to sell the Neighborhood Stabilization Program
(NSP) property located at 135 S.W. 6th Av enue to Vena Poussin and Jean Francois
Alies for the purchase price of $106,950.00 or appraised value. (Motion to approve;
Approved, 5-0)
12. FIRST READINGS:
B. ORDINANCE NO. 44-12: Consider an ordinance calling for a referendum to be held
on March 12, 2013, proposing to the electorate of the City that the City Commission be
authorized to grant a property tax exemption to certain qualified businesses pursuant to
Section 3, Article VII of the State Consti tution; providing for submission of the
proposed ballot question to the electors of the City; setting forth the form of the
question to be voted upon at such election. If passed, a public hearing will be held on
January 3, 2013. (Motion to approve; Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: DECEMBER 7, 2012
****** Meeting adjourned at 10:24 p.m. ******