07-15-14 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
** *AGENDA RESULTS * **
Tuesday, July 15, 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. May 6, 2014 — Regular Meeting (Approved, 5 -0)
B. May 20, 2014 — 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 Glickstein noted there was additional information for Item 9.C.,
Waiver Requests /Coda and Item 9.D., Waiver Requests /SOFA District Lofts; Staff requested that Item
11.C., Ordinance No. 22 -14 and Ordinance No. 23 -14 be postponed, Approved as amended, 5 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 5 -0)
A. REQUEST OF A SIDEWALK DEFERRAL /3011 JASMINE COURT: Approve
an agreement to defer installing a sidewalk along the east side of Jasmine Court, east of
Spanish Trail and south of Jasmine Drive, in the Tropic Isles Subdivision for the
property located at 3011 Jasmine Court.
B. ACCEPTANCE OF A RIGHT OF WAY DEED /SOUTHGATE MOTEL:
Approve acceptance of a 20' right of way deed along the rear property frontage adjacent
to Old Dixie Highway for Southgate Motel located at 1600 North Federal Highway.
C. ACCEPTANCE OF A RIGHT OF WAY DEED /RAINBOW WAREHOUSE:
Approve acceptance of a right -of -way deed associated with a Class V Site Plan approval
for Rainbow Warehouse for a 10' right -of -way located along the west side of Wallace
Drive at 1402 Wallace Drive.
D. FINAL SUBDIVISION PLAT /UPTOWN DELRAY: Approve a final subdivision
plat for Uptown Delray, a proposed mixed -use development that includes 146 dwelling
units and 3,529 square feet of retail /office space, located on the north side of S.E. 2nd
Street between S.E. 4`'' Avenue and S.E. 5`'' Avenue.
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ACCEPTANCE OF A RIGHT OF WAY DEED: Approve acceptance of a
Right -of -Way Deed with Monogram Residential Delray II Project Owner, LLC.,
to abandon a portion of a 16' wide north -south alley in the center of the block
for the project associated with Uptown Delray located between S.E. 4`'' Avenue
and S.E. 5`'' Avenue on the north side of S.E. 2nd Street.
E. FINAL SUBDIVISION PLAT /DELRAY PRESERVE: Approve a final
subdivision boundary plat to combine five parcels of land into one parcel for Delray
Preserve located on the east side of North Federal Highway, south of Gulf Stream
Boulevard.
F. ACCEPTANCE OF A SANITARY SEWER EASEMENT DEED /MD NOW:
Approve acceptance of an exclusive sanitary sewer deed for the installation of a
manhole for MD Now located at 601 Linton Boulevard.
G. ACCEPTANCE OF A WATER EASEMENT DEED /MD NOW: Approve
acceptance of an exclusive water deed for the relocation of a water meter for MD Now
located at 601 Linton Boulevard.
H. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2 /FINAL) /MANCIL'S
TRACTOR SERVICE, INC.: Approve Contract Closeout (C.O. No. 2 /Final) in the
amount of S36,033.81 decrease and final payment in the amount of $58,612.45 to
Mancil's Tractor Service, Inc., for completion of the S.W. 2nd Street Beautification
Project (Bid No. 2012 -14). This item complies with Code of Ordinances Chapter 36,
Section 36.06, "Change Orders ", (A)(2), "City Commission Approved Contracts; Within
the Scope of Work ". Funding is available from 334 - 3162 - 541 -65.95 (General
Construction Fund: Capital Outlay /S.W. 2nd Street Beautification) and 448- 5461 -538-
65.95 (Storm Water Utility Fund: Other Improvements /S.W. Street Beautification).
I. CONTRACT FOR CONSULTING AND PROFESSIONAL
SERVICES /CENTER FOR ENTERPRISE OPPORTUNITY/ COMMUNITY
REDEVELOPMENT AGENCY (CRAB Approve a Contract for Consulting and
Professional Service between the City of Delray Beach, Center for Enterprise
Opportunity and the Community Redevelopment Agency (CRA) in the amount of
$50,000.00 for microenterprise development. Funding is available from 118- 1965 -559-
49.59 (Neighborhood Services: Other Current Charges /Micro Lending) and 118 -1930-
559- 49.50 (Neighborhood Services: Other Current Charges /Micro Lending).
SERVICE AUTHORIZATION NO. 07 /CB & I COASTAL PLANNING &
ENGINEERING, INC.: Approve Service Authorization No. 7 with CB & I Coastal
Planning and Engineering, Inc. in the amount of $76,490.00 for professional services
related to post beach renourishment Florida Department of Environmental Protection
permit requirements. This is in compliance with Code of Ordinances Chapter 36,
Section 36.02, "Methods of Acquisition ", (C) "Direct Acquisition Method ", (3),
"Professional Services ". Funding is available from 332 - 4164 - 572 -31.30 (Beach
Restoration Fund: Professional Services /Engineering /Architectural).
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K. CHANGE ORDER NO. 2 /MANCIL'S TRACTOR SERVICE, INC.: Approve
Change Order No. 2 to Mancil's Tractor Service, Inc. in the amount of $14,700.25 and
grant an extension of the contract deadline ten (10) calendar days for completion of
additional scope of work for the N.E. 1" Avenue Improvements Project (Project No.
12 -042). This is in compliance with Code of Ordinances Chapter 36, Section 36.06,
"Change Orders ", (A) (3), "City Commission Approved Contracts; Extension of
Completion Dates ". Funding will be provided from the Contract Unforeseen
Conditions Allowance.
L. RESOLUTION NO. 33 -14: Approve Resolution No. 33 -14 assessing costs for
abatement action required to remove nuisances on three (3) properties throughout the
City of Delray Beach.
M. PROCLAMATIONS:
1. None
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 30, 2014 through July 11, 2014.
O. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Transmap Corporation in the amount of $22,834.00 for sign
inventory (Project No. 14 -084). This award is in compliance with Code of
Ordinances Chapter 36, Section 36.02 (C)(6)(a), "Sole Source and City
Standard "; Section 36.03 (A), "Acquisitions of Twenty -Five Thousand Dollars
($25,000.00) or Greater" and Section 36.03 (B), "Multiple Acquisitions from
Vendor Exceeding Twenty -Five Thousand Dollars in Any Fiscal Year ". Funding
is available from 334 - 3162 - 541 -46.90 (General Construction Fund: Repair &
Maintenance Services /Other Repair /Maintenance Costs).
9. REGULAR AGENDA:
A. FINAL SUBDIVISION PLAT AND WAIVER REQUEST/SALVATORI-
GALLOWAY: Consider approval of a final subdivision plat for a proposed two -lot
single family subdivision; and a waiver request to Land Development Regulations
(LDR) Section 4.3.4(1 to reduce the minimum lot size from 7,500 square feet to 6,120
square feet with Salvatori- Galloway for the proposed Lot 2 of the subdivision located at
the southeast corner of N.E. 2nd Avenue and N.E. 13`'' Street. (Quasi-judicial
Hearing) (First motion to approve a waiver pursuant to board order of Land Development
Regulations (LDR) Section 4.3.4(l,' ); Approved, 5 -0. Second motion to approve the Salvatori-
Galloway plat pursuant to the board order; Approved, 5 -0)
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B. WAIVER REQUEST /402 NORTH OCEAN BOULEVARD: Consider approval
of a waiver request to Land Development Regulations (LDR) Section 6.1.3(D) (1) (b),
"Relief from Sidewalk Installation; Residential; Waiver ", to allow relief from the
requirement for construction of a five foot (5') sidewalk along the north side of Beach
Drive in association with a North Beach Overlay District for the property located at 402
North Ocean Boulevard. (Quasi-judicial Hearing) (Motion to adopt the board order as
presented; Approved, 5 -0)
C. WAIVER REQUESTS /CODA: Consider approval of two (2) waiver requests to
Land Development Regulations (LDR) Section 4.4.6 (F) (3) (c), "Porch Encroachments ",
to allow 66% frontage for open front porches along S.W. 1" Avenue and S.W. 2nd
Avenue, whereas a maximum of 50% is allowed and Section 4.6.14(B)(6) "Other
Intersections ", to allow 30' sight visibility triangles at the intersections of S.W. 2nd
Avenue and S.W. 1" Avenue along S.W. 1" Street, whereas 40' sight visibility triangles
are required for Coda located at the S.W. corner of S.W. 1" Street and S.W. 1" Avenue.
(Quasi-judicial Hearing) (First motion to approve the waiver for the porch encroachment;
Approved, 5 -0. Second motion to approve a waiver to the sight visibility triangles; Approved, 4-
1. Commissioner Jacquet dissenting)
D. WAIVER REQUESTS /SOFA DISTRICT LOFTS: Consider approval of three (3)
waiver requests for SOFA District Lofts to allow 9' from finished floor to finished
ceiling on the ground level, whereas 10' is required pursuant to Land Development
Regulations (LDR) Section 4.4.13(F)(1)(c), "Floor Height ", and to allow 57.87% glass
transparency area on the ground level facing S.E. 1" Avenue, whereas a minimum of
75% glass transparency area is required pursuant to Land Development Regulations
(LDR) Section 4.6.18 (B) (14) (iv) (2), "Windows and Doors ", and to allow a 0' perimeter
landscape strip along the south property line, whereas a minimum 5' perimeter
landscape strip is required pursuant to Land Development Regulations (LDR) Section
4.6.16(14)(3)(d), "Landscaped Barrier ", for the property located on the east side of S.E.
1" Avenue, south of S.W. 1" Street. (Quasi-judicial Hearing) (Motion to adopt the
board order as presented; Approved, 5 -0)
E. WAIVER REQUESTS /SOFA DISTRICT OFFICES: Consider approval of three
(3) waiver requests to Land Development Regulations (LDR) Sections
4.6.18 (B) (14) (iv) (2), "Windows and Doors "; Section 4.6.14(B) (1), "Driveway
Intersecting Street or Alley "; and Section 4.4.13(14)(4)(c)(2), "Upper Levels ", for SOFA
District Offices located at the northeast corner of S.E. 1" Avenue and S.E. 1" Street.
(Quasi-judicial Hearing) (Motion to adopt the board order as presented; Approved, 5 -0)
F. REOUEST FOR A SIDEWALK DEFERRAL /SOUTHGATE MOTEL:
Consider an agreement to defer installing a sidewalk along the east side of Old Dixie
Highway for a Class V Site Plan associated with the Southgate Motel located at 1600
North Federal Highway. (Commissioner Jacquet left the dais. Motion to deny request for
sidewalk deferral; Approved, 3 -1. Commissioner Frankel dissenting)
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G. COUNTER PROPOSAL TO SETTLEMENT AGREEMENT WITH MR.
LOUIE CHAPMAN,�JR.: Consider a counter proposal to a settlement agreement
with Mr. Louie Chapman, Jr. to settle his employment claims. (Motion to approve the
proposal for settlement with amendments to "Exhibit A"; Approved, 4 -1. Commissioner
Petrolia dissenting)
H. REVIEW OF EXECUTIVE PLACEMENT FIRMS TO CONDUCT A CITY
MANAGER SEARCH FOR THE CITY OF DELRAY BEACH: Provide direction
regarding the use of an Executive Placement Firm to conduct a City Manager search for
the City of Delray Beach. (It was the consensus of the Commission to have a Special Meeting
with all four (4) Executive Placement Firms present to give 10 minute presentations)
I. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate
to the Florida League of Cities' 88`'' Annual Conference to be held at Westin Diplomat
in Hollywood, Florida on August 14 -16, 2014. (Motion to designate Commissioner Frankel;
Approved, 5 -0)
IN -LIEU OF PARKING FEE REQUEST /MINDFUL MANAGEMENT:
Consider approval of a request from Mindful Management for the purchase of two (2)
in -lieu parking spaces located at 280 -290 N.E. 2nd Avenue at a cost of $7,800.00 each
totaling $15,600.00 to be paid in full upon issuance of a building permit (Motion to defer
this item to the August 5, 2014 Regular Meeting; Approved, 5 -0)
K. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for
FY 2015, and set the budget review and adoption schedule. (Motion to approve the
proposed millage rate as recommended by staff: 7.1611 mils for operating; .3028 mils for debt
services; a total millage rate of 7.4639; Approved, 5 -0)
L. PROPOSED MILLAGE RATE /DOWNTOWN DEVELOPMENT
AUTHORITY: Consider approval of the Downtown Development Authority's
proposed millage rate for FY 2015. (Motion to approve the proposed millage rate of 1.0000;
Approved, 5 -0)
(Motion to extend the meeting beyond 11:00 p.m.; Approved, 4 -1. Commissioner Jacquet dissenting)
M. NOMINATIONS FOR APPOINTMENT TO THE CIVIL SERVICE BOARD:
Nominate one (1) regular member and one (1) alternate member for appointment to the
Civil Service Board to serve two (2) year terms ending July 1, 2016. Based on the
rotation system, the nominations for appointment will be made by Commissioner
Petrolia (Seat #1) and Commissioner Jacquet (Seat #2). (Appointed Keith Sonderling and
approved 5 -0; Appointed Kevin Warner and approved 4 -1. Commissioner Petrolia dissenting)
N. NOMINATIONS FOR APPOINTMENT TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE: Nominate four (4) regular members for
appointment to the Affordable Housing Advisory Committee to serve two (2) year
terms ending July 31, 2016. Based on the rotation system, the nominations for
appointment will be made by Commissioner Petrolia (Seat #1), Commissioner Jacquet
(Seat #2), Commissioner Frankel (Seat #3) and Commissioner Jarjura (Seat #4).
(Appointed Evelyn Dobson and approved 5 -0; Appointed Colson Zulmar and approved 5 -0;
Appointed Dorothy Ellington and approved 5 -0; Appointed Susan Sims and approved 5 -0)
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O. NOMINATIONS FOR APPOINTMENT TO THE GREEN
IMPLEMENTATION BOARD: Nominate three (3) regular members for
appointment to the Green Implementation Board to serve two (2) year terms ending
July 31, 2016. Based on the rotation system, the nominations for appointment will be
made by Mayor Glickstein (Seat #5), Commissioner Petrolia (Seat #1) and
Commissioner Jacquet (Seat #2). (Appointed Bruce Bastian and approved 5 -0; Appointed
Frederick Kaub and approved 5 -0; Appointed Nancy Richards and approved 5 -0)
P. NOMINATIONS FOR APPOINTMENT TO THE POLICE ADVISORY
BOARD: Nominate six (6) regular members for appointment to the Police Advisory
Board to serve two (2) year terms ending July 31, 2016. Based on the rotation system,
the nominations for appointment will be made by Commissioner Jacquet (Seat #2),
Commissioner Frankel (Seat #3), Commissioner Jarjura (Seat #4), Mayor Glickstein
(Seat #5), Commissioner Petrolia (Seat #1) and Commissioner Jacquet (Seat # 2).
(Appointed Wyana Claxton and approved 5 -0; Appointed Lea Anne DeRigne and approved 5 -0;
Appointed Ellen Major -Hanna and approved 5 -0; Appointed Robert Shell and approved 5 -0;
Appointed Sheldon Weil and approved 5 -0)
Q. NOMINATION FOR APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Nominate one (1) regular member for
appointment to the Parking Management Advisory Board to serve a two (2) year term
ending July 1, 2016. Based on the rotation system, the nomination for appointment will
be made by Mayor Glickstein (Seat #5). (Appointed Bruce Gimmy and approved 5 -0)
R. NOMINATION FOR APPOINTMENT TO THE NUISANCE
ABATEMENT BOARD: Nominate one (1) regular member for appointment to the
Nuisance Abatement Board to serve a two (2) year term ending July 1, 2016. Based on
the rotation system, the nomination for appointment will be made by Commissioner
Jarjura (Seat #4). (Appointed Adam Reback and approved 5 -0)
NOMINATION FOR APPOINTMENT TO THE EDUCATION BOARD:
Nominate one (1) regular member to serve a two year term ending July 31, 2016 to the
Education Board. Based on the rotation system, the nomination for appointment will be
made by Commissioner Jacquet (Seat #2). (Appointed Mercie Alcindor and approved 5 -0)
T. NOMINATION FOR APPOINTMENT TO THE PUBLIC ART ADVISORY
BOARD: Nominate one (1) regular member to serve an unexpired term ending July 31,
2015 to the Public Art Advisory Board. Based on the rotation system, the nomination
for appointment will be made by Commissioner Jacquet (Seat #2). (Appointed Shirl
Fields and approved 5 -0)
U. NOMINATION FOR APPOINTMENT TO THE DELRAY BEACH
HOUSING AUTHORITY: Nominate one (1) regular member for appointment to
the Delray Beach Housing Authority to serve a four (4) year term ending July 1, 2018.
Based on the rotation system, the nomination for appointment will be made by
Commissioner Jacquet (Seat #2). (Appointed Sylvia Morris and approved 5 -0)
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10. PUBLIC HEARINGS:
A. PUBLIC COMMENTS /FY 2015 PROPOSED BUDGET: The City Commission
,vill hear public comments, if any, regarding the FY 2015 Proposed Budget at this time.
B. RESOLUTION NO. 29 -14: Consider approval of Resolution No. 29 -14 establishing
a budget for the Stormwater Utility System, establishing the rates for FY 2015
Stormwater Management Assessments, and certifying and adopting the Stormwater
Assessment Roll. (Motion to approve; Approved, 5 -0)
C. AMENDMENT TO THE DEVELOPMENT AGREEMENT AND
PURCHASE AND SALE AGREEMENT /CANNERY ROW, LLC.: Consider
approval of an Amendment to the Development Agreement and Purchase and Sale
Agreement with Cannery Row, LLC., which provides that instead of the City having the
option to purchase a shell of a building on Lot 12 of Cannery Row Plat for $530,000.00,
the developer will give the City the property labeled Proposed Tract "O" on the plat for
park purposes. (Mayor Glickstein filed a Conflict of Interest, passed the gavel to Vice Mayor
Petrolia and left the dais. First motion to deny Amendment to the Development Agreement and
Purchase and Sale Agreement (FAILED DUE TO LACK OF A SECOND). Second motion to
approve Amendment to the Development Agreement and Purchase and Sale Agreement; Vote
was 2 -2 (NO ACTION)
11. FIRST READINGS:
A. ORDINANCE NO. 19 -14: Consider an amendment to the Land Development
Regulations (LDR), by amending Article 4.6, "Supplemental District Regulations ",
Section 4.6.9, "Off -Street Parking Regulations ", Subsection (E), "Locations of Parking
Spaces ", Sub - Subsections (3), "In -Lieu Fee" and (4), "Public Parking Fee ", to reflect
fee changes for same. If passed, a public hearing will be held on August 5, 2014. (Motion
to approve; Approved, 4 -1. Commissioner Frankel dissenting)
B. ORDINANCE NO. 21 -14: Consider amending Chapter 35, "Employee Policies and
Benefits ", Section 35.105, "Administration by Retirement Committee ", Subsection
(A) (1), "Retirement Committee Established ", to require the Chief Financial Officer or
Treasurer to be a member of the general employee's retirement committee. If passed, a
public hearing will be held on August 5, 2014. (Motion to approve; Approved, 5 -0)
C. ORDINANCE NO. 22 -14: Consider amending the Land Development Regulations
(LDR) of the City of Delray Beach, establishing a temporary building moratorium on
pet stores and as further defined herein for a period of six (6) months from the date of
adoption of the ordinance; providing for geographic area covered; providing for the
duration of moratorium. If passed, a public hearing will be held on August 5, 2014.
(POSTPONED)
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D. ORDINANCE NO. 23 -14: Consider an amendment to the Land Development
Regulations (LDR), establishing a temporary building moratorium on marijuana
dispensaries /medical marijuana treatment centers as further defined herein for a period
of six (6) months from the date of adoption of the ordinance; providing for geographic
area covered; providing for the duration of moratorium. If passed, a public hearing will
be held on August 5, 2014. (POSTPONED)
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 11, 2014
* ** *Meeting adjourned at 11.•51 p.m. * * **
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