03-19-13 Agenda Results Regular MeetingMicrosoft Word - 03-19-13 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, March 19, 2013 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: City Commission meetings are business meeting and the right to limit discussion rest with the Commission. Generally,
remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated.
A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing 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. B.
Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. 2. SIGN IN SHEET: Prior to
the start of the Commission Meeting, individuals wishing to address the Commission 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. 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 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 the City Manager 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
03/19/2013 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor Carney noted Item 7.A., Check Presentation for Sponsorship of a portion of
First Night -Delray Beach Marketing Cooperative (DBMC), was added to Presentations as an addendum; Item 9.K., Right-of-Way Deed Acceptance/428 N.E. 8th Avenue was added to the Consent
Agenda as an addendum; the applicant requested Item 10.B., Appeal of Site Plan Review and Appearance Board (SPRAB) Decision: Enterprise Rent-a-Car, be POSTPONED to the April 16, 2013
Regular Meeting; revised information is on the dais for Item 10.F., Request for Proposals (RFP) Responses for Bond Counseling Services. Approved as amended, 5-0). 5. APPROVAL OF MINUTES:
A. January 31, 2013 – Workshop Meeting (Approved, 5-0) B. February 19, 2013 – Regular Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. Water Conservation Month – April 2013 7. PRESENTATIONS:
A. RESOLUTION NO. 18-13: Approve Resolution No. 18-13 recognizing and commending Barbara J. Flynn for 35 years of dedicated service to the City of Delray Beach (Approved, 5-0) B. Recognizing
and commending NAKeD Hair Salon for their contributions and service in the community C. Check Presentation for Sponsorship of a portion of First Night -Delray Beach Marketing Cooperative
(DBMC) (ADDENDUM) 8. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC IMMEDIATELY FOLLOWING PRESENTATIONS A. City Manager's response to prior public comments and
inquiries B. From the Public
03/19/2013 -3 -9. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0) A. GRANT APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Authorize staff to accept a grant
from the Florida Department of Transportation (FDOT) in the amount of $525,000.00 for the Downtown Roundabout Shuttle trolley system. B. SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY
(SFRTA): Authorize staff to pursue an agreement with South Florida Regional Transportation Authority (SFRTA) for the feeder service program to provide funding to the City for shuttle
service between the Tri-Rail Station. C. RESOLUTION NO. 21-13: Approve Resolution No. 21-13; a declaration to reimburse capital expenditures relative to the Beach Nourishment Project
as well as the Federal Highway Beautification Project. D. CONSENT TO ASSIGNMENT/ROSSO PAVING & GRADING, INC. TO ROSSO SITE DEVELOPMENT, INC.: Approve a Consent to Assignment with Rosso
Paving & Grading, Inc. to Rosso Site Development, Inc. E. RESOLUTION NO. 10-13: Approve Resolution No. 10-13 assessing costs for abatement action required to remove nuisances on 14 properties
throughout the City of Delray Beach. F. GRANT APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/HIGHWAY SAFETY PROGRAM: Approval to submit a grant application to the Florida Department
of Transportation’s (FDOT) Highway Safety Program in the amount of $57,808.00 for programming to mitigate aggressive driving within the City limits. G. GRANT AGREEMENT/PALM BEACH COUNTY/FED
CUP TIE: Approve a Grant Agreement between the City and Palm Beach County to provide a grant to the City in the amount of $38,000.00 for the FED Cup Tie to be held on April 20 & 21,
2013. H. MUNICIPAL ELECTION RESULTS/RESOLUTION NO. 20-13: Canvass the returns, and declare the results of the March 12, 2013 First Nonpartisan and Special Elections and approve Resolution
No. 20-13.
03/19/2013 -4 -I. SPECIAL EVENT REQUEST/AVDA 5K/10K WALK/RUN: Approve a special event request to endorse the 14th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K/10K Walk/Run
to be held on Saturday, October 12, 2013 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor
Park and the City right-of-way along Ocean Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in Anchor Park, Sandoway lots, Atlantic Dunes Park, Ingraham
Lot and the City lot at Gleason Street from 5:00 a.m. to 11:00 a.m., and to authorize support as outline in the staff report, with the event producer paying 100% of City costs; contingent
on the receipt of the Certificate of Liability Insurance by September 27, 2013. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land
Development Boards for the period March 4, 2013 through March 15, 2013. K. RIGHT OF WAY DEED ACCEPTANCE/428 N.E. 8TH AVENUE: Approve acceptance of a right-of-way deed for two feet (2’)
of alley right-of-way dedication for the property located at 428 N.E. 8th Avenue. (ADDENDUM) 10. REGULAR AGENDA: A. CONDITIONAL USE REQUEST/SOUTHGATE MOTEL: Consider approval of a conditional
use request associated with the renovation and expansion of the existing ten (10) room motel including the construction of a two-story addition to accommodate seventeen (17) new motel
rooms for a total of twenty-seven (27) rooms, and construction of new on-site parking spaces with associated landscaping for Southgate Motel, located at 1600 North Federal Highway. (Quasi-Judicial
Hearing) (Motion to adopt board order as presented; Approved, 3-2. Commissioner Frankel and Commissioner Gray dissenting) B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) DECISION:
ENTERPRISE RENT-A-CAR: Consider an appeal of the Site Plan Review and Appearance Board (SPRAB) decision to deny a flat wall sign with corporate colors for Enterprise Rent-A-Car, located
at 14832 South Military Trail. (Quasi-Judicial Hearing) (Motion to postpone; Approved, 5-0) C. WAIVER REQUESTS/DELRAY BEACH FAIRFIELD HOTEL: Consider approval of six (6) waivers to the
Land Development Regulations (LDR) Sections 4.4.13(F)(4)(b)(1), “Front Setbacks”, 4.4.13.(F)(4)(c)(1), “Building Frontage”, 4.6.9(D)(3)(c)(1), “Stacking Distance”, 6.1.3(B)(1)(f), “Sidewalk
Design Requirements” and 4.6.18(B)(14)(iv)(2), “Windows and Doors”, pertaining to the Delray Beach Fairfield Hotel, located on the south side of West Atlantic Avenue, between S.W. 9th
Avenue and S.W. 10th Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
03/19/2013 -5 -D. CONDITIONAL USE REQUEST/DELRAY MEDICAL CENTER: Consider approval of a conditional use request to increase the building height to a maximum of 60 feet for the Delray
Medical Center located at 5270 Linton Boulevard. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) E. JOB CREATION INCENTIVE AGREEMENT/ALDRIDGE CONNORS
LLP.: Consider approval of a Job Creation Incentive Agreement with Aldridge Connors LLP, for the creation of 250 new and existing jobs to Delray Beach office space on the Innovation
Corridor, with a maximum five-year grant of $200,000.00. (Motion to approve; Approved, 5-0) F. REQUEST FOR PROPOSALS (RFP) RESPONSES FOR BOND COUNSELING SERVICES: Consider approval of
the Selection Committee’s ranking of the Bond Counsel Services (RFP# 2013-32) responses short list and provide authorization to enter into a contract. (Motion to approve; Approved, 5-0)
G. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) alternate member to the Green Implementation Advancement Board to serve an unexpired term plus a two year
term ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat #1). (Appointed Walter Cornell and approved, 5-0) H. APPOINTMENT
TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term plus a two (2) year term ending August 31, 2015. Based upon the rotation
system, the appointment will be made by Commissioner Jacquet (Seat #2). (Appointed Jess Sowards and approved, 5-0) I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular
member to the Civil Service Board to serve a two (2) year term ending April 1, 2015. Based upon the rotation system, the appointment will be made by Mayor Carney (Seat #5). (Appointed
Larry Zalkin and approved, 5-0) 11. PUBLIC HEARINGS: A. RESOLUTION NO. 19-13/CONTRACT FOR SALE AND PURCHASE/125 N.W. 12TH AVENUE: Consider approval of Resolution No. 19-13, a contract
for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 125 N.W. 12th Avenue to Azianne Zamor in the amount of $70,000.00 or appraised
value. (Motion to approve; Approved, 5-0) 12. FIRST READINGS: A. ORDINANCE NO. 07-13: Consider a privately-initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial)
for Delray Marketplace (former Ralph Buick Dealership property), located at 2501 South Federal Highway. If passed, a public hearing will be held on April 2, 2013. (Motion to approve;
Approved, 5-0)
03/19/2013 -6 -13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: MARCH 15, 2013 ****** Meeting adjourned at 8:13 p.m. ******
03/19/2013
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor Carney noted Item 7.A., Check Presentation for Sponsorship of a
portion of First Night - Delray Beach Marketing Cooperative (DBMC), was added to Presentations as an
addendum; Item 9.K., Right-of-Way Deed Acceptance/428 N.E. 8 th Avenue was added to the Consent
Agenda as an addendum; the applicant requested Item 10.B., Appeal of Site Plan Review and
Appearance Board (SPRAB) Decision : Enterprise Rent-a- Car, be POSTPONED to the April 16, 2013
Regular Meeting; revised information is on the dais for Item 10.F., Request for Proposals (RFP)
Responses for Bond Counseling Services. Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. January 31, 2013 – Workshop Meeting (Approved, 5-0)
B. February 19, 2013 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Water Conservation Month – April 2013
7. PRESENTATIONS:
A. RESOLUTION NO. 18-13: Approve Resolution No. 18-13 recognizing and
commending Barbara J. Flynn for 35 years of dedicated service to the City of Delray
Beach (Approved, 5-0)
B. Recognizing and commending NAKeD Hair Salon for their contributions and service
in the community
C. Check Presentation for Sponsorship of a portion of First Night - Delray Beach
Marketing Cooperative (DBMC) (ADDENDUM)
8. COMMENTS AND INQUIRIES ON AG ENDA AND NON-AGENDA ITEMS
FROM THE PUBLIC IMMEDIATELY FOLLOWING PRESENTATIONS
A. City Manager's response to prior public comments and inquiries
B. From the Public
03/19/2013
- 3 -
9. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5-0)
A. GRANT APPLICATION/FLOR IDA DEPARTMENT OF
TRANSPORTATION (FDOT): Authorize staff to accept a grant from the Florida
Department of Transportation (FDOT) in the amount of $525,000.00 for
the Downtown Roundabout Shuttle trolley system.
B. SOUTH FLORIDA REGIONAL TR ANSPORTATION AUTHORITY
(SFRTA): Authorize staff to pursue an agreement with South Florida Regional
Transportation Authority (SFRTA) for the feeder service program to provide funding to
the City for shuttle service between the Tri-Rail Station.
C. RESOLUTION NO. 21-13: Approve Resolution No. 21-13; a declaration to
reimburse capital expenditures relative to the Beach Nourishment Project as well as the
Federal Highway Beautification Project.
D. CONSENT TO ASSIGNMENT/ ROSSO PAVING & GRADING, INC. TO
ROSSO SITE DEVELOPMENT, INC.: Approve a Consent to Assignment with
Rosso Paving & Grading, Inc. to Rosso Site Development, Inc.
E. RESOLUTION NO. 10-13: Approve Resolution No. 10-13 assessing costs for
abatement action required to remove nuisances on 14 properties throughout the City of
Delray Beach.
F. GRANT APPLICATION/FLOR IDA DEPARTMENT OF
TRANSPORTATION (FDOT)/HIGHWAY SAFETY PROGRAM: Approval
to submit a grant application to the Florid a Department of Transportation’s (FDOT)
Highway Safety Program in the amount of $57,808.00 for programming to mitigate
aggressive driving within the City limits.
G. GRANT AGREEMENT/PALM BEACH COUNTY/ FED CUP TIE : Approve
a Grant Agreement between the City and Palm Beach County to provide a grant to the
City in the amount of $38,000.00 for the FED Cup Tie to be held on April 20 & 21,
2013.
H. MUNICIPAL ELECTION RESULTS/RESOLUTION NO. 20-13: Canvass the
returns, and declare the results of the Ma rch 12, 2013 First Nonpartisan and Special
Elections and approve Resolution No. 20-13.
03/19/2013
- 4 -
I. SPECIAL EVENT REQUEST/AV DA 5K/10K WALK/RUN: Approve a special
event request to endorse the 14th Annual Aid to Victims of Domestic Abuse, Inc.
(AVDA) 5K/10K Walk/Run to be held on Saturday, October 12, 2013 from 7:30 a.m.
until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of-way along Ocean
Boulevard from Bucida Road to George Bush Bo ulevard, to waive parking meter fees in
Anchor Park, Sandoway lots, Atlantic Dune s Park, Ingraham Lot and the City lot at
Gleason Street from 5:00 a.m. to 11:00 a.m ., and to authorize support as outline in the
staff report, with the event producer payi ng 100% of City cost s; contingent on the
receipt of the Certificate of Liab ility Insurance by September 27, 2013.
J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 4, 2013 through March 15, 2013.
K. RIGHT OF WAY DEED ACCEPTANCE/428 N.E. 8 TH AVENUE: Approve
acceptance of a right-of-way deed for two feet (2’) of alley right-of-way dedication for
the property located at 428 N.E. 8 th Avenue. (ADDENDUM)
10. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/SOUTHGATE MOTEL: Consider approval
of a conditional use request associated with the renovation and expansion of the
existing ten (10) room motel including th e construction of a two-story addition to
accommodate seventeen (17) new motel room s for a total of twenty-seven (27) rooms,
and construction of new on-site parking spaces with associated landscaping for
Southgate Motel, located at 1600 North Federal Highway. (Quasi-Judicial Hearing)
(Motion to adopt board order as presented; Approved, 3-2. Commissioner Frankel and
Commissioner Gray dissenting)
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB)
DECISION: ENTERPRISE RENT-A-CAR: Consider an appeal of the Site Plan
Review and Appearance Board (SPRAB) decision to deny a flat wall sign with corporate
colors for Enterprise Rent-A-Car, loca ted at 14832 South Military Trail. (Quasi-
Judicial Hearing) (Motion to postpone; Approved, 5-0)
C. WAIVER REQUESTS/ DELRAY BEACH FAIRFIELD HOTEL: Consider
approval of six (6) waivers to the Land Development Regulations (LDR) Sections
4.4.13(F)(4)(b)(1), “Front Setbacks”, 4.4.13.(F)(4)(c)(1), “Building Frontage”,
4.6.9(D)(3)(c)(1), “Stacking Distance”, 6.1.3(B)(1)(f), “Sidewalk Design Requirements”
and 4.6.18(B)(14)(iv)(2), “Windows and D oors”, pertaining to the Delray Beach
Fairfield Hotel, located on the south side of West Atlantic Avenue, between S.W. 9th
Avenue and S.W. 10th Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order
as presented; Approved, 5-0)
03/19/2013
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D. CONDITIONAL USE REQUEST/DELRAY MEDICAL CENTER: Consider
approval of a conditional use request to in crease the building height to a maximum of
60 feet for the Delray Medical Center located at 5270 Linton Boulevard. (Quasi-
Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
E. JOB CREATION INCENTIVE AGREEMENT/ ALDRIDGE CONNORS
LLP.: Consider approval of a Job Creation Incentive Agreement with Aldridge
Connors LLP, for the creation of 250 new and existing jobs to Delray Beach office
space on the Innovation Co rridor, with a maximum five-year grant of $200,000.00 .
(Motion to approve; Approved, 5-0)
F. REQUEST FOR PROPOSALS (RFP) RESPONSES FOR BOND
COUNSELING SERVICES: Consider approval of the Selection Committee’s
ranking of the Bond Counsel Services (RFP# 2013-32) responses short list and provide
authorization to enter into a contract. (Motion to approve; Approved, 5-0)
G. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) alterna te member to the Green
Implementation Advancement Board to serve an unexpired term plus a two year term
ending July 31, 2015. Based upon the rotation system, the appointment will be made by
Commissioner Morrison (Seat #1). (Appointed Walter Cornell and approved, 5-0)
H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment to serve an unexpired term plus a two (2)
year term ending August 31, 2015. Based upon the rotation system, the appointment
will be made by Commissioner Jacquet (Seat #2). (Appointed Jess Sowards and approved,
5-0)
I. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular
member to the Civil Service Board to serve a two (2) year term ending April 1, 2015.
Based upon the rotation system, the appointme nt will be made by Mayor Carney (Seat
#5). (Appointed Larry Zalkin and approved, 5-0)
11. PUBLIC HEARINGS:
A. RESOLUTION NO. 19-13/CONTRACT FOR SALE AND PURCHASE/125
N.W. 12 TH AVENUE: Consider approval of Resolution No. 19-13, a contract for sale
and purchase, authorizing the City to sell the Neighborhood Stabilization Program
property located at 125 N.W. 12 th Avenue to Azianne Zamor in the amount of
$70,000.00 or appraised value. (Motion to approve; Approved, 5-0)
12. FIRST READINGS:
A. ORDINANCE NO. 07-13: Consider a privately-initiated rezoning from AC
(Automotive Commercial) to PC (Planned Com mercial) for Delray Marketplace (former
Ralph Buick Dealership property), located at 2501 South Federal Highway. If passed, a
public hearing will be held on April 2, 2013. (Motion to approve; Approved, 5-0)
03/19/2013
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 15, 2013
****** Meeting adjourned at 8:13 p.m. ******