02-24-14 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Monday, February 24, 2014
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
ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. January 21, 2014 — Regular City Commission Meeting (Approved, 5 -0)
5. PRESENTATIONS:
A. John Nolen Award
B. City's 2014 Legislative Priorities - State Legislative Delegation
6. 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
7. AGENDA APPROVAL. (Mayor Glickstein noted that the applicant requested Item 8.K., Temporary
Use and Hold Harmless Agreement /THAB, LLC (d /b /a Admiral Water Taxi) be removed; Additional
information was on the dais for Item 9.B., Appeal of Site Plan Review and Appearance Board's (SPRAB)
Decision /Chase Bank; Item 10.A., Ordinance No. 05 -14, staff requested this item be postponed.
Approved as amended, 5 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5 -0)
A. ACCEPTANCE OF A RIGHT OF WAY DEED /1010 HIBISCUS LANE:
Approve and accept a right -of -way deed with Adam F. Well for dedication along N.W.
6`h Avenue for the property located at 1010 Hibiscus Lane.
B. ACCEPTANCE OF A RIGHT -OF -WAY DEED /920 HIBISCUS LANE:
Approve and accept a right -of -way deed with Brett R. Kaye for dedication along N.W.
6th Avenue for the property located at 920 Hibiscus Lane.
C. ACCEPTANCE OF A RIGHT -OF -WAY DEED /1098 HIBISCUS LANE:
Approve and accept a right -of -way deed with Elaine Lewis for dedication along N.W.
6`h Avenue for the property located at 1098 Hibiscus Lane (formerly 602 N.W. 11`h
Street).
D. REQUEST FOR A SIDEWALK DEFERRAL /115 N.W. 16TH STREET: Approve
an agreement to defer installing a sidewalk along N.W. 16`h Street for the property
located at 115 N.W. 16ffi Street.
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E. REQUEST FOR A SIDEWALK DEFERRAL /609 PALM TRAIL: Approve an
agreement to defer installing a sidewalk along Palm Trail for the property located at 609
Palm Trail.
F. RESCIND PURCHASE AWARD /AIR LIOUIDE INDUSTRIAL U.S. LP:
Approve a request to rescind a purchase award to Air Liquide Industrial U.S. LP,
originally awarded via a Palm Beach County contract ( #13- 080 /SWC), in the amount of
$88,000.00 for the purchase and delivery of Liquid Carbon Dioxide (CO) for use at the
Water Treatment Plant (WTP).
G. CHANGE ORDER NO. 1(C.O. NO. 1) /ALL PHASE ROOFING &
CONSTRUCTION: Approve Change Order No. 1 (C.O. No. 1) to All Phase
Roofing & Construction in the total amount of $29,075.15 for additional scope due to a
structural deficiency discovered during construction; and for a contract time extension
of nine (9) days for the Beach Beautification Plan Project (Bid #2013 -54). The request is
in compliance with Ordinance No. 29 -13, "Acquisition of Goods and Services and
Disposal of City Property ", Section 36.06, "Change Orders ", (A) (1) & (3). Funding is
available from 117 - 4170 - 572 -68.83 (Recreation Impact Fee FD: Other
Improvement /Beach Pavilion).
H. SERVICE AUTHORIZATION NO. 12- 14 /MATHEWS CONSULTING
INC. /AREA 12B RECLAIMED WATER SYSTEM: Approve Service
Authorization No. 12 -14 with Mathews Consulting Inc. in the amount of $178,176.00
for professional engineering services in the design of Area 12B Reclaimed Water System
Project (RFQ #2012 -06). The recommendation for award is in compliance with
Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of
City Property ", Section 36.02, "Methods of Acquisition ", (C), "Direct Acquisition
Method ", (3), "Professional Services ". Funding is available from 441 - 5161 - 536 -68.79
(Water and Sewer Fund: Improvements Other /Reclaim Water, Area 12B).
I. PROFESSIONAL SERVICES VENDOR LIST /NEIGHBORHOOD
STABILIZATION PROGRAM (NSP)- Approve the list of general contractors in
response to the City's RFP #01- 2014NS for Professional Services required to carry out
activities under the Neighborhood Stabilization Program (NSP) contingent on the list
being approved by the Florida Department of Community Affairs. This is in
compliance with in accordance with Chapter 36 of the City Code of Ordinances,
Section 36.02, (A)(2), "Request for Proposals ". Funding is available from 118- 1935 -554-
62.12 (Neighborhood Services: Department of Community Affairs- Neighborhood
Stabilization Program /Capital Outlay /Acquisition Rehabilitation) and 118- 1934 -554-
62.12 (Neighborhood Services: Community Redevelopment Agency- Neighborhood
Stabilization Program /Capital Outlay /Acquisition Rehabilitation).
J. AMENDMENT TO THE WORKFORCE HOUSING COVENANT: SP5
WOOD MIDTOWN DELRAY, LLC.: Approve an Amendment to the Workforce
Housing Covenant as proposed, between the City, Alta Congress Owner, LLC and SP5
Wood Midtown Delray, LLC., for the project associated with Midtown Delray.
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K. TEMPORARY USE AND HOLD HARMLESS AGREEMENT /THAB, LLC
(d /b /a ADMIRAL WATER TAXI) Approve a Temporary Use and Hold Harmless
Agreement between the City and THAB, LLC. (d /b /a Admiral Water Taxi), for the
temporary use of dock space to load and unload passengers at Veterans Park from 6:30
p.m. to 9:30 p.m. on Thursday, Friday, and Saturday nights as part of its water taxi
service. (REMOVED)
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 27, 2014 through February 21, 2014.
M. PROCLAMATIONS:
Multiple Myeloma Awareness Month — March 2014
2. WellFestTM Delray — March 8 -9, 2014
N. AWARD OF BIDS AND CONTRACTS:
Purchase award to Rechtien International Trucks in the amount of $7,305.04 for
repairs to the engine of Delray Beach Fire Rescue Ambulance #200865 West
Palm Beach, Florida in accordance with Ordinance No. 29 -13, Chapter 36,
Section 36.02 (C) (6) (a), "Sole Source and City Standard ". Funding is available
from 501 - 3311 - 591 -52.52 (Garage Fund: Operating Supplies /City Garage —
Outside Service).
9. REGULAR AGENDA:
A. APPEAL OF THE CITY MANAGER'S DECISION /BUDDHA SKY BAR:
Consider an appeal from Christopher Licata on behalf of Buddha Sky Bar, of the City
Manager's denial of their request to extend their alcohol license premise on March 15,
2014 from 11:00 a.m. until 6:00 p.m. (Quasi-judicial Hearing) (Motion to adopt Board
Order as presented, with conditions as listed; Approved, 5 -0)
B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD'S (SPRAB)
DECISION/ CHASE BANK: Consider an appeal to the Site Plan Review and
Appearance Board's (SPRAB) decision of a waiver request to Land Development
Regulations (LDR) Section 4.6.7(E)(7), "Design Standards Matrix ", to allow one (1) flat
wall sign on the east elevation that faces an interior parking lot for Chase Bank located
at 1755 South Federal Highway. (Quasi-judicial Hearing) (Commissioner Gray left the
dais. Motion to adopt Board Order as presented; Approved, 4 -0)
C. WAIVER REOUEST AND TEMPORARY USE PERMIT /DELRAY KIA:
Consider a waiver request to Land Development Regulations (LDR) Section
2.4.6(F) (3) (e), "Temporary Parking Lots ", and approve a temporary use permit to allow
temporary storage of vehicles by Delray Kia at the former Ralph Buick Dealership
located at 2501 South Federal Highway. (Quasi-judicial Hearing) (Commissioner Gray
returned to the dais. Motion to adopt Board Order as presented; Approved, 5 -0)
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D. CONDITIONAL USE REQUEST /SOFA DISTRICT OFFICES AND LOFTS:
Consider approval of a conditional use request pursuant to Land Development
Regulations (LDR) Section 4.4.13(D)(12), "Conditional Uses and Structures Allowed ",
to permit a density in excess of 30 dwelling units (67.6 dwelling units per acre proposed)
for SOFA District Offices and Lofts located on the east side of S.E. 1st Avenue, south
of S.E. 1" Street at 111 S.E. 1" Avenue in the Central Business District (CBD). (Quasi -
Judicial Hearing) (Motion to adopt Board Order as presented with conditions as listed in
Exhibit "A "; Approved, 5 -0)
E. PROPOSED CHANGES TO RULES OF PROCEDURE FOR THE CITY
COMMISSION: Consider approval of the revised Rules of Procedure for the City
Commission to comport with recent ordinance changes. (Commissioner Frankel left the
dais. Motion to approve; Approved, 4 -0)
F. SETTLEMENT PROPOSAL IN THE CLAIM OF ESTATE OF BRUCE
KOESER: Consider a settlement proposal in the amount of $210,000.00 for unpaid
life insurance to the Estate of Bruce Koeser. (Commissioner Frankel returned to the dais.
Motion to approve; Approved, 5 -0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 05 -14: Consider an amendment to Chapter 36, "Acquisition of
Goods and Services and Disposal of City Property ", of the Code of Ordinances, by
amending Section 36.04, "Protest Procedures ", to provide for time requirements for
the City's response to bid protests; and amending Section 36.07, "Termination,
Extension, and Renewal ", to clarify which contracts may be terminated by the City
Manager. (STAFF HAS REQUESTED THE ITEM BE POSTPONED UNTIL
THE MARCH 4, 2014 CITY COMMISSION MEETING TO MEET
ADVERTISEMENT REQUIREMENTS)
B. RESOLUTION NO. 09 -14 /CONTRACT FOR SALE AND PURCHASE: 108-
110 N.W. 12TH AVENUE: Consider approval of Resolution No. 09 -14; a contract for
sale and purchase between the City of Delray Beach and the Delray Beach Community
Redevelopment Agency (CRA) in the amount of ten dollars ($10.00) for affordable
housing purposes for the property located at 108 -110 N.W. 12`h Avenue. (Commissioner
Gray left the dais. Motion to approve; Approved, 4 -0)
11. FIRST READINGS:
A. ORDINANCE NO. 03 -14 Consider a privately - initiated small-scale Future Land Use
Map (FLUM) amendment from TRN (Transitional) to MD (Medium Density
Residential 5 -12 du /ac) and an associated amendment to the FLUM to identify that the
property is included within the Southwest Neighborhood Overlay District a parcel of
land located on the south side of S.W. 1" Street, between S.W. 1" Avenue and S.W. 2nd
Avenue within the Coda Development. If passed, a public hearing will be held on
March 4, 2014. (Motion to approve; Approved, 5 -0)
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B. ORDINANCE NO. 04 -14: Consider a privately - initiated rezoning from RO
(Residential Office) District to RM (Medium Density Residential) District for a parcel of
land located on the south side of S.W. 1" Street, between S.W. 1" Avenue and S.W. 2nd
Avenue within the Coda Development. If passed, a public hearing will be held on
March 18, 2014. (Motion to approve; Approved, 5 -0)
C. ORDINANCE NO. 06 -14: Consider a privately - initiated amendment to the Land
Development Regulations (LDR) by amending Article 4.7, "Family /Workforce
Housing ", Section 4.7.1, "Definitions ", Subsection (P), "Southwest Neighborhood
Overlay District ", to expand the area as shown on the map by repealing the existing
map and replacing it with a new one; and by amending Section 4.5.9, "The Southwest
Neighborhood Overlay District ", to correct a scrivener's error. If passed, a public
hearing will be held on March 18, 2014. (Motion to approve; Approved, 5 -0)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: FEBRUARY 21, 2014
"" "Meeting adjourned at 9.•15p.m. * * * * **
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