01-20-15 Regular Meeting Agenda Results City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, January 20, 2015
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.
C. Citizens that request to do a presentation that is on a portable flash drive device or a CD/DVD, must
provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish
to present.
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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
A. Recognizing and Commending Diane Colonna, Executive Director of Community
Redevelopment Agency, for over 30 years of service in Public Administration.
B. Spotlight on Education- Plumosa School of the Arts and Carver Middle School
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.
Motion to withdraw Item 10.A., Ordinance No. 29-14 (Second Reading/Second Public Hearing); Item 10.B.,
Ordinance No. 30-14 (Second Reading/Second Public Hearing) and Ordinance No. 31-14 (Second
Reading/Second Public Hearing) from the agenda to come back on February 3, 2015 as a First Reading/First
Public Hearing)
7. AGENDA APPROVAL. (Mayor Glickstein noted that Item 8.D., Amendment to Service
Authorization No. 12-13.1/Mathews Consulting, Inc./Lake Ida Drainage Improvements,was moved to
the Regular Agenda as Item 9.A.A.;Item 8.F.,Lease Agreement/Creative City Collaborative,was moved
to Regular Agenda as Item 9.B.B.; Item 9.G., Request for Proposals (RFP) of 2014-38/Collection of
Solid Waste and Recyclable Materials,was moved to Item 9.C.C.Approved as amended, 5-0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended,5-0)
A. AMENDMENT NO. 2 TO THE AGREEMENTS FOR GENERAL
CONSULTING SERVICES: Approve Amendment No. 2 to the Agreements for
General Consulting Services (RFQ No. 2012-05) with Currie Sowards Aguila Architects,
David Miller & Associates and Walter Zackria and Associates, PLLC. This
recommendation is in compliance with Chapter 36, Section 36.02(C)(3), "Professional
Services" and Section 36.07(A)(3), "City Commission Approved Contracts, Renewal'.
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B. RENEWAL TO THE CONTRACT/ATLANTIC REFRIGERATION
CORPORATION: Approve a first year renewal with Atlantic Refrigeration
Corporation (Bid No. 2014-10) for yearly service, repairs and maintenance of air
conditioner units at City buildings. This recommendation is in compliance with Chapter
36, Section 36.02(C)(3), "Professional Services", and Section 36.07(A)(3), "City
Commission Approved Contracts,Renewal'.
C. AMENDMENT NO. 2 TO THE GENERAL ENGINEERING
CONSULTING SERVICE AGREEMENTS: Approve Amendment No. 2 to the
General Engineering Consulting Service Agreements (RFQ #2012-06) with Calvin
Giordano & Associates, Kinley-Horn & Associates, Inc., Mathews Consulting, Inc.,
and Wantman Group, to extend services for one (1) year. This recommendation is in
compliance with Chapter 36, Section 36.02(C)(3), "Professional Services", and Section
36.07(A)(3), "City Commission Approved Contracts, Renewal'.
D. (MOVED TO REGULAR AGENDA AS ITEM 9.A.A.)
E. ACCEPTANCE OF A RIGHT OF WAY DEED/MINDFUL MANAGEMENT:
Approve acceptance of an alley right-of-way of four (4) feet along the west side of the
property to the City of Delray Beach for the purposes of expanding and improving the
alley for the project associated with Mindful Management located on the west side of
Pineapple Grove Way (N.E. 2nd Avenue) and 56 feet south of N.E. 3rd Street (280 &290
Pineapple Grove Way).
F. (MOVED TO REGULAR AGENDA AS ITEM 9.11.11.)
G. PROCLAMATIONS:
1. Recognizing Black History Month— February 2015
H. AWARD OF BIDS AND CONTRACTS:
1. Bid award to MBR Construction, Inc. (Bid No. 2015-06) in the amount of
$320,195.36 for Fire Headquarters Public Plaza Project (P/N 2011-17). This
recommendation for award is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02 (A), "Sealed Competitive Method". Funding is
available from multiple accounts.
9. REGULAR AGENDA:
A.A. AMENDMENT TO SERVICE AUTHORIZATION NO. 12-13.1/MATHEWS
CONSULTING, INC./LAKE IDA DRAINAGE IMPROVEMENTS: Approve
Service Authorization No. 12-13.1 with Mathews Consulting, Inc. in the amount of
$14,911.00 for professional design services (RFQ #2012-06) related to water main
improvements in conjunction with the Lake Ida Drainage Improvements Project
(Project No. 13-072). This Service Authorization includes design, permitting and
bidding services. This recommendation for award is in compliance with Chapter 36,
Section 36.02(C)(3) "Professional Services". Funding is available from account 442-
5178-536-65.98 (Other Improvements/Lake Ida Area). (Vice Mayor Petrolia left the dais.
Motion to bring back on the February 3,2015 Regular Commission Meeting;Approved,4-0)
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B.B. LEASE AGREEMENT/CREATIVE CITY COLLABORATIVE: Motion to
approve a lease agreement between the City of Delray Beach and the Creative City
Collaborative of Delray Beach, Inc. for the lease of approximately 10,289 square feet in
the Old School Square Parking Garage. (Vice Mayor Petrolia returned to the dais.Motion to
approve;Approved, 5-0)
C.C. REQUEST FOR PROPOSALS (RFP) OF 2014-38/COLLECTION OF SOLID
WASTE AND RECYCLABLE MATERIALS: Consider a motion to approve
the Selection Committee's ranking of responses for (RFP #2014-38) collection of
Solid Waste and Recyclable Materials. (Motion to defer and have the City Attorney and City
Manager to investigate possible cone of silence violations;Approved, 5-0)
A. WAIVER REQUEST/GARY'S RACK FAT ROOSTER: Consider approval of a
waiver request to Land Development Regulations (LDR) Section 4.6.7)(3), "Roof
Signs", for two flat wall signs to be placed above the roofline or on the parapet for
Gary's Rack Fat Rooster located at 204 East Atlantic Avenue. (Quasi-judicial
Hearing(Motion to adopt board order as presented;Approved,4-0)
B. CONSIDER A SIDEWALK IN-LIEU FEE/ 130 SE 7TH AVENUE: Consider a
request from the property owner of 130 SE 7`'' Avenue for a sidewalk deferral or the
option to pay a fee in-lieu of sidewalk. (Quasi-judicial Hearing) (Motion to adopt
board order as presented;Approved,4-0)
C. CONDITIONAL USE REQUEST/SUNFLOWER CREATIVE ARTS
CHILDCARE: Consider approval of a conditional use request to establish a child care
facility, Sunflower Creative Arts Child Care within the Del-Ida Park Historic District.
The project consists of the adaptive reuse of the 3,132 square foot, contributing
structure from a single-family residence to a childcare facility, along with associated site
improvements including a thirteen (13) space parking area located on the east side of
the property located at 227 Dixie Boulevard. (Quasi-judicial Hearing) (Motion to
adopt board order as presented;Approved,4-0)
D. PROPOSED AGREEMENT/GABRIEL, ROEDER, SMITH & COMPANY
(GRS) Consider approval of an agreement with Gabriel Roeder Smith & Company
(GRS) for actuarial consulting services that reflects the City's expected FY 2015
requirements for actuarial services in an amount not to exceed $50,000.00. Funding is
available from various sources. (Motion to approve agreement; Approved, 3-1. Vice Mayor
Petrolia dissenting)
E. SOFTWARE LICENSE AGREEMENT/SUNGARD PUBLIC SECTOR,
INC.: Consider approval of a Software License Agreement with Sungard Public Sector,
Inc. retroactive to October 1, 2014, for software licensing maintenance and support for
Public Administration Software at a cost not to exceed $342,000.00 for a three-year
term. This is in compliance with the Code of Ordinances, Chapter 36, Section
36.02(C)(6)(a), "Sole Source". (Motion to approve;Approved,4-0)
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F. LOAN PURCHASE AND SALE AGREEMENT/IBERIABANK AUBURN
TRACE AFFORDABLE HOUSING: Motion to Approve a "Loan Purchase and
Sale Agreement" between Iberiabank and the City of Delray Beach for the purchase of
the Iberiabank loan for the Auburn Trace Affordable Housing Apartments, to authorize
staff to perform all necessary due diligence, including obtaining a title insurance
commitment prior to acquiring the loan, and to Approve Fee Agreements with Special
Counsel in connection with the pending Foreclosure and Bankruptcy proceeding.
(Motion to approve agreement to authorize staff to perform due diligence with 30 day due
diligence period;Approved,5-0).
G. (MOVED TO ITEM 9.C.C.)
H. NOMINATION FOR APPOINTMENT TO THE CODE ENFORCEMENT
BOARD: Nomination for appointment of one (1) regular member to the Code
Enforcement Board to serve a three (3) year term ending January 14, 2018. Based on the
rotation system, the nomination for appointment will be made by Commissioner
Frankel (Seat#3). (Appointed Stephanie Sugar and approved 4-0)
I. DISCUSSION/SECOND REGULAR CITY COMMISSION MEETING IN
FEBRUARY 2015: Discussion regarding the rescheduling of the February 17, 2015
Regular City Commission Meeting. (ADDENDUM) (It was the consensus of the
Commission to move the second Regular Meeting in February to February 24,2015)
(Motion to extend the meeting past 11:00 p.m;Approved, 4-1; Commissioner Jacquet dissenting. At this point,
Commissioner Jacquet left the dais.)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 29-14 (SECOND READING/SECOND PUBLIC
HEARING). Consider a city-initiated amendment to the Land Development
Regulations of the City of Delray Beach; repealing and replacing Section 4.4.13,
"Central Business District (CBD)", with new zoning regulations. (THE CITY
ATTORNEYHASREQUESTED THAT THIS ITEM BE WITHDRAWN)
B. ORDINANCE NO. 30-14 (SECOND READING/SECOND PUBLIC
HEARING I: Consider a city-initiated amendment to the Land Development
Regulations of the City of Delray Beach; amending Article 4.4 "Table of Contents";
amending Section 2.2.3(D), "Site Plan Review And Appearance Board"; amending
Section 2.4.5(F), "Site And Development and Master Development Plans (MDP)";
amending Section 2.4.6(F), "Temporary Parking Lots"; amending Section 4.1.1(A),
"Base Zoning Districts"; amending Section 4.3.3(1), "Community Residential Homes
And Group Homes"; amending Section 4.3.3(S), "Antennas Not Located on
Telecommunications Towers"; amending Section 4.3.40, "Height"; amending Section
4.3.4(1), "Development Standards Matrix"; repealing Section 4.4.28, "Central Business
District — Railroad Corridor (CBD-RC)"; amending Section 4.6.4(A), "Commercial
Zoning Adjacent to Residential Zoning or Zoning Districts With a Thirty-Five (35)
Foot Height Limitation"; amending Section 4.6.9(C)(1), "Bicycle Parking"; amending
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Section 4.6.9(E)(3), "Location of Parking Spaces, In-Lieu Fee"; amending Section
4.6.9(E)(4), "Public Parking Fee"; amending Section 4.6.16(q(4), "Foundation
Landscaping Requirements"; amending Section 4.6.16(q(5), "Special Landscape
Regulations for Properties Within The Central Business District (CBD)"; amending
Section 4.6.18(B), `Buildings Within The Downtown Area"; amending Section 6.3.3(F),
"Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and
amending Appendix A, "Definitions". (THE CITY ATTORNEY HAS
REQUESTED THAT THIS ITEM BE WITHDRAWN)
C. ORDINANCE NO. 31-14 (SECOND READING/SECOND PUBLIC
HEARING I. City-initiated rezoning of properties zoned CBD-RC (Central Business
District- Railroad Corridor) to CBD (Central Business District) for two areas, with the
north area generally located between N.E. 4`'' Street and N.E. 2nd Street and extending
from the north-south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway;
and, the south area generally located between S.E. 2nd Street and S.E. 7`'' Street, east of
and west of the FEC Railway. (THE CITY ATTORNEY HAS REQUESTED
THAT THIS ITEM BE WITHDRA WV)
D. ORDINANCE NO. 01-15 (SECOND READING): Consider an amendment to
Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances
by creating Section 132.11, "Electronic Cigarettes (E-cigarettes)", limiting the locations
where e-cigarettes can be used; providing findings in support of the adoption of the
ordinance. (Motion to approve;Approved,4-0)
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 12, 2015
***Meeting adjourned at 11.•44 p.m.
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