01-07-14 Agenda Results Regular Meeting City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, Tanuary 7,2014
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.mvdelraybeach.com
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. November 19, 2013 —Regular Meeting (Approved, 5-0)
B. December 31 2013 —Regular Meeting (Approved, 5-0)
C. December 10, 2013 —Regular Meeting (Approved, 5-0)
5. PRESENTATIONS:
A. None
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 Ghckstein noted Item 8.G., Consent to Assignment of a Valet
Parking License Agreement /270 East Atlantic Delray Beach, LLC. to Taverna Opa,was moved to the
Regular Agenda as Item 9.A.A.; Item 9.A.., Final Subdivision Plat Approval and Waiver Request for
1001 Hibiscus Lane Plat and Item 9.A.L,Waiver Request,were deferred to the February 4,2014 Regular
Meeting, Item 9.B., Appeals of Site Plan Review and Appearance Board's (SPRAB) Actions/Atlantic
Crossing was deferred to the January 21, 2014 Regular Meeting; Item 9.C., Internal Adjustment and
Waiver Requests/St. George, was deferred to the February 4, 2014 Regular Meeting. Approved as
amended, 5-0).
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. REQUEST FOR A SIDEWALK DEFERRAL/951 MCCLEARY STREET:
Approve an agreement to defer installing a sidewalk along McCleary Street for the
property located at 951 McCleary Street.
B. RESOLUTION NO. 02-14: ABANDONMENT OF AN ALLEYWAY/
FREDERICK BOULEVARD: Approve Resolution No. 02-14; abandonment of a
portion of the north-south alleyway lying west of Frederick Boulevard, approximately
50 feet south of Avenue "H" in conjunction with the property located at 2910 Frederick
Boulevard.
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C. SERVICE AUTHORIZATION NO. 12-03/WANTMAN GROUP, INC.:
Approve Service Authorization No. 12-03 to the Wantman Group, Inc. in the amount
of $79,725.00 for professional engineering services in the design of Replacement of
Force Mains at System 58A and 87 Force Main Replacement project. Funding is
available from 442-5178-536-63.88 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/Force Main Replacement).
D. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AWARD/RENTAL
AND HOMEBUYER DISPOSITION SERVICES VENDORS: Approve multiple
bid awards for Rental and Homebuyer Disposition Services for the Neighborhood
Stabilization Program in regards to RFQ 02-2014NS.
E. RESOLUTION NO. 01-14: Approve Resolution No. 01-14 encouraging the Florida
Legislature to adopt and Governor Rick Scott to support legislative changes allowing
for local regulations prohibiting smoking on playgrounds.
F. RESOLUTION NO. 03-14: Approve Resolution No. 03-14 supporting legislation
requiring FEMA to complete the National Flood Insurance Program Affordability
Study and supporting all legal actions filed by the State regarding same.
G. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
H. PROCLAMATIONS:
1. National Stalking Awareness Month—January 2014
2. Martin Luther King,Jr. Day—January 20, 2014
I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
December 9, 2013 through January 3, 2014.
J. AWARD OF BIDS AND CONTRACTS:
1. Award to Air Liquide Industrial U.S. LP in the amount of $88,000.00 for the
purchase and delivery of liquid carbon dioxide (CO2) for use at the Water
Treatment Plant (WTP) in compliance with Ordinance No. 29-13, Chapter 36,
"Acquisition of Goods and Services and Disposal of City Property", Section
36.02 (C) (7) (c), "Utilization of Other Governmental Entities' Contracts".
Funding is available from 441-5122-536-52.21 (Water and Sewer Fund:
Operating Supplies/Chemicals).
2. Bid Award to Atlantic Refrigeration in the estimated amount of $57,732 to
provide service, repairs, and preventive maintenance on various air conditioning
systems throughout the City in compliance with Ordinance No. 29-13, Chapter
36, "Acquisition of Goods and Services and Disposal of City Property", Section
36.02 (A), "Sealed Competitive Method".
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9. REGULAR AGENDA:
A.A. CONSENT TO ASSIGNMENT OF A VALET PARKING LICENSE
AGREEMENT/270 EAST ATLANTIC DELRAY BEACH, LLC. TO
TAVERNA OPA: Approve Consent To Assignment of a Valet Parking License
Agreement from 270 East Atlantic Delray Beach, LLC. to Tavema Opa. (Motion to
approve;Approved,4-1. Commissioner Frankel dissenting)
A. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER REQUEST FOR
1001 HIBISCUS LANE PLAT: Approve a final plat and a waiver for a 1.68 acre
residential development containing three (3) single-family lots to be platted as 1001
Hibiscus Lane Plat. (Quasi-judicial Hearing) (THE APPLICANT HAS
REQUESTED THIS ITEM BE DEFERRED TO THE JANUARY 21, 2014
REGULAR MEETING) (DEFERRED TO THE FEBRUARY 4, 2014
REGULAR MEETING)
1. WAIVER REQUEST: Consider a waiver request to Land Development
Regulations Section 4.3.4(K), "Development Standard Matrix", to reduce the
required lot frontage for Lot 1 from 100 feet to 25 feet for the property located
at 1001 Hibiscus Lane. (Quasi-judicial Hearing) (THE APPLICANT HAS
REQUESTED THIS ITEM BE DEFERRED TO THE JANUARY 21,
2014 REGULAR MEETING) (DEFERRED TO THE FEBRUARY 4,
2014 REGULAR MEETING
B. APPEALS OF SITE PLAN REVIEW AND APPEARANCE BOARD'S
(SPRAB) ACTIONS/ATLANTIC CROSSING: Consider privately-initiated appeals
of the Site Plan Review and Appearance Board (SPRAB) actions on the Class V site for
Atlantic Crossing, located on the north side of East Atlantic Avenue, between N.E. 6`h
Avenue and Veterans Park. (Quasi-judicial Hearings) (DEFERRED TO THE
JANUARY 21, 2014 REGULAR MEETING)
C. INTERNAL ADJUSTMENT AND WAIVER REQUESTS/ST. GEORGE:
Consider approval of waiver requests to Land Development Regulations (LDR) Section
4.4.9(F)(2)(a), "Building Setback", regarding the minimum front building setback of 5
feet and maximum setback of 15 feet from the ultimate right-of-way line along North
Federal Highway and an internal adjustment to Land Development Regulations (LDR)
Section 4.3.3(0)(3)(c), "Building Separation Internal Adjustment", which requires that
residential structures shall not be located closer than twenty-five feet (25') for a two-
story structure for St George, located on the east side of North Federal Highway, north
of George Bush Boulevard at 1023 North Federal Highway. (Quasi-judicial Hearing)
(DEFERRED TO THE FEBRUARY 4, 2014 REGULAR MEETING subject to
the Interim City Attorney reviewing the City's Rules regarding the appeal; the
item may be placed on the January 21, 2014 Regular Meeting Agenda.)
D. REQUEST FOR IN-LIEU PARKING SPACES/235 NORTH SWINTON
AVENUE: Consider a request from Robert Glick for the purchase of three (3) in-lieu
parking spaces in the amount of $23,400.00 located at 235 North Swinton Avenue.
(Quasi-judicial Hearing)(Motion to adopt board order as presented;Approved,5-0)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 36-13: Approve an amendment to Chapter 51, "Garbage and
Trash", Section 51.70, "Regular Charges Levied", to provide for decreased residential
collection service rates for the remaining FY 2014. (Motion to approve;Approved, 5-0)
B. ORDINANCE NO. 37-13: Approve an amendment to Chapter 31, "City Officials and
Employees", of the Code of Ordinances by repealing Section 31.05, "City Attorney;
Qualifications",in its entirety. (Motion to approve;Approved, 5-0)
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 3, 2014
******Meeting adjourned at 8.•14 p.m.
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