04-16-13 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS
Tuesday, April 16, 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 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,
presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated.
Public comment shall be allowed as follows:
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 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 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
www.mvdeiraybeach.com
1. ROLL CALL. (Commissioner Jacquet absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. January 8, 2013 — Special /Workshop Meeting (Approved, 4 -0)
B. March 19, 2013 — Regular Meeting (Approved, 4 -0)
5. PROCLAMATIONS:
A. Paralyzed Veterans Association (PVA) Awareness Month — April 2013
B. National Arbor Day — April 16, 2013
C. "A Day to Remember" — Apri127, 2013
D. Delray Beach Police Department Month — May 2013
E. National Travel and Tourism Week — May 4 -12, 2013
6. PRESENTATIONS:
A. Presentation of African Art — Sister Cities Committee
7. 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
8. AGENDA APPROVAL. (Mayor Glickstein noted Item 9.D., Revision to the Commission Rules of
Procedure, revised information was on the dais; Item 9.F., Special Event Request /2nd Annual Wine and
Seafood Festival, was moved to the Regular Agenda as Item 10.A.A; Item 10.D., Appointment to Public
Art Advisory Board, there was updated information on the dais; Additional information was on the dais
for Item 11.A., Ordinance No. 06 -13. Approved as amended, 4 -0)
9. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4 -0)
A. LANDSCAPE MAINTENANCE AGREEMENT /120 SOUTHRIDGE ROAD:
Approve a Landscape Maintenance Agreement with R. Scott Buchanan for landscape
installation within the right -of -way at 120 Southridge Road.
04/16/2013
-2-
B. ADDITIONAL SCOPE / RANDOLPH & DEWDNEY CONSTRUCTION,
INC.: Approve additional scope to Randolph & Dewdney Construction, Inc. in the
amount of $16,670.14 for the Fire Station No. 1 Storm Hardening Project. Funding to
be paid out of the Contract's Undefined General Allowance.
C. RESOLUTION NO. 25 -13: Approve Resolution No. 25 -13 assessing costs for
abatement action required to remove nuisances on 29 properties throughout the City of
Delray Beach.
D. REVISIONS TO THE COMMISSION RULES OF PROCEDURE:
Approve revisions to the Commission Rules of Procedure to allow public comment not
to exceed 3 minutes on special agenda items which are part of a workshop meeting.
E. SPECIAL EVENT REQUEST /ON THE AVE: Approve a special event request
to endorse On the Ave to be held on May 9, 2013 from 6:00 p.m. to 10:00 p.m., to
grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic
Avenue from Swinton to the west side of N.E. /S.E. 5th Avenue, Railroad Avenue from
Atlantic north to 150 feet north of the east /west alley, and to the alleys north and south
of Atlantic on N.E. /S.E. 1st Avenue, N.E. /S.E. 2nd Avenue, S.E. 3rd Avenue, and
N.E. /S.E. 4th Avenue and the southeast quadrant of the Delray Beach Center for the
Arts grounds; and to authorize staff support as outlined in the staff report; with
payment of costs to the City per the Special Event Policies and Procedures.
F. (MOVED TO ITEM 10.A.A. ON THE REGULAR AGENDA)
G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April 1, 2013 through April 12, 2013.
H. AWARD OF BIDS AND CONTRACTS
1. Multiple awards to listed vendors for the purchase of Chemicals and Fertilizers
through the Co -Op annual contract Bid No. 2013 -20 on an "as needed basis" at
an estimated annual cost of $205,000.00. Funding is available from
Beautification Trust Fund /Parks Maintenance, DB Municipal Golf Course,
Lakeview Golf Course, Beautification Trust Fund and General Fund /Parks and
Recreation Operating Supply Budgets.
04/16/2013
-3-
10. REGULAR AGENDA:
AA. SPECIAL EVENT REQUEST /2ND ANNUAL WINE AND SEAFOOD
FESTIVAL: Approve a special event request for the 2nd Annual Wine and Seafood
Festival, sponsored by Greater Delray Beach Chamber of Commerce proposed to be
held on November 9, 2013 from 11:00 a.m. to 10:00 p.m., and November 10, 2013
from 11:00 a.m. to 8:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F)
for closure and use of Atlantic Avenue from the west side of Bronson to the east side of
the Intracoastal from 4:00 p.m., Friday, November 8, 2013 through approximately 10:00
p.m. Sunday, November 10, 2013; and authorize staff support as outlined in the staff
report; contingent upon the conditions of approval listed in the staff report. The event
producer is required to pay 100% of all City costs, plus the administrative fee. (Motion to
approve; Approved, 4 -0)
A. RESOLUTION NO. 23 -13 /BEACH RENOURISHMENT
PROJECT /FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Consider
approval of Resolution No. 23 -13; authorizing the issuance of a bond up to
$22,250,000.00 in Delray Beach Bond Anticipation Revenue Improvement Notes, Series
2013, for the purpose of financing all or a portion of a Beach Renourishment Project
and a portion of a Federal Highway Beautification Project. (Motion to approve;
Approved, 4 -0)
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 adopt the board order as presented (denying the appeal);
Approved, 4 -0)
C. PROPOSAL FOR SETTLEMENT IN ELIZABETH BROWN/ BARRETTE
BROWN v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in
the total amount of $225,000.00 in Elizabeth Brown /Barrette Brown v. City of Delray
Beach. Staff recommends denial. (Motion to deny; Approved, 4 -0)
D. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one
(1) regular member to the Public Art Advisory Board to serve an unexpired term plus a
two (2) year term ending July 31, 2015. Based upon the rotation system, the
appointment will be made by Commissioner Jacquet (Seat #2). ). (Commissioner Jacquet's
appointment was DEFERRED to the May 7, 2013 Regular Commission Meeting)
E. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT
SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to serve a
two year term ending April 22, 2015 to the Police & Firefighters Retirement System
Board of Trustees. Based upon the rotation system, the appointment will be made by
Commissioner Jacquet (Seat #2). (Commissioner Jacquet's appointment was DEFERRED
to the May 7, 2013 Regular Commission Meeting)
04/16/2013
-4-
11. PUBLIC HEARINGS:
A. ORDINANCE NO. 06 -13: Consider a privately initiated Future Land Use Map
amendment — small scale from MD (Medium Density Residential 5 -12 du /ac) to GC
(General Commercial) and rezoning from RM (Medium Density Residential) to GC
(General Commercial) for MD Now Delray Beach, located on the north side of Linton
Boulevard, west of S.W. 4th Avenue at 601 Linton Boulevard. (Quasi-judicial
Hearing (Motion to approve; Approved, 4 -0)
B. ORDINANCE NO. 08 -13: Consider a city - initiated amendment to the Land
Development Regulations (LDR) Section 4.4.13, "Central Business (CBD) District ",
Subsection 4.4.13 (G)(1), "Central Core and Beach Area Supplemental Regulations ", to
provide for parking regulations governing call centers. (Motion to approve; Approved, 4 -0)
C. PURCHASE AND SALE AGREEMENT: OLD SCHOOL SQUARE GARAGE
RETAIL SPACE: Consider approval of a contract by resolution authorizing the sale
and purchase of interior space on the first floor of the Old School Square Parking
Garage. (Motion to deny Resolution No. 08 -13, Resolution No. 09 -13 and Resolution No. 24-
13 with direction for staff to work with the Arts Garage; Approved, 4 -0)
RESOLUTION NO. 08 -13: Provides for the sale to the Law Offices of
Kanner & Pintaluga, P.A., in the amount of $2,500,000.00 for 10,400 square feet
of interior space on the first floor of the Old School Square Garage Retail
Space.
2. RESOLUTION NO. 09 -13: Provides for the sale to S &F Acquisitions, Inc., a
related entity of Schmier & Feurring Properties, Inc. in the amount of
$2,500,000.00 for 10,400 square feet of interior space on the first floor of the
Old School Square Parking Retail Space.
3. RESOLUTION NO. 24 -13: Provides for the sale to The Law Offices of
Kanner & Pintaluga, P.A. in the amount of $1,000,000.00 for 5,385 square feet
of interior space on the first floor of the Old School Square Garage Retail
Space.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: APRIL 12, 2013
* * * ** *Meeting adjourned at 10.•29 p.m. * * * * **
04/16/2013
-5-