08-27-07 Agenda ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, public comments, Commission
discussion and official action. City Commission meetings are business meetings
Tuesday, August 7, 2007 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 or
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda 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.
C. Regular Agenda and First Reading Items: Public input on agendaed items,
other than those that are specifically set for a formal public hearing, shall
be allowed when agreed by consensus of the City Commission.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items 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 on an appropriate item.
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.
1001VW 1st Avenue
Delray Beach, Florida 33444 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax• (561) 243-3774 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.
1. ROLL CALL. (Commissioner McDuffie absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Item 8.N.1 Purchase Award/Orkin Pest Control was moved
to Item 9.A.A. under the regular agenda; Item 9.H, Nominations For The Florida Cities of Excellence
Awards Program was added to the regular agenda by addendum; and Item 10.A. (Ordinance No. 22-07)
Section 5, Page 9 was withdrawn due to applicant's request; Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
• July 24, 2007 -Regular Meeting (Approved, 4-0)
• July 31, 2007 -Special Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. NONE
7. PRESENTATIONS:
A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the
action of the South Central Regional Wastewater Treatment and Disposal Board at their
Quarterly Annual Meeting of July 19, 2007.
B. CHANGE ORDER NO 3/BLOCK 64 DRAINAGE AND WATER MAIN
IMPROVEMENT PROJECT/CHAZ EQUIPMENT COMPANY. INC.:
Approve Change Order No. 3 in the amount $20,000.00 to Chaz Equipment Company,
Inc. for the connection of eight (8) properties to an 8" water main on Swinton Avenue
for the Block 64 Drainage and Water Main Improvements Project. Funding is available
from 442-5178-536-65.33 (Water/Sewer Renewal & Replacement Fund/Block 64
Improvements).
C. ('ONTRACT CLOSEOUT {(' O NO 6/FINAL)/DURACLEAN. INC:
Approve a Contract Closeout (C.O. No. 6/Final) in the amount of $46,815.98 and final
payment in the amount of $49,825.98 to Duraclean, Inc. for the completion of the
water damage remediation at Fire Stations No. 1, 2, 3 and 5. Funding is available from
001-2311-522-46.10 (Fire Department/General Fund/Building Maintenance).
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D. CONTRACT CLOSEOUT lC O NO 2/FINALl/NEEDHAM ROOFING.
INC.: Approve a Contract Closeout (C.O. No. 2/Final) in the amount of $19,452.00
decrease and final payment in the amount of $28,506.00 to Needham Roofing, Inc. for
completion of the Pompey Park Centex Re-Roofing Project. Funding is available from
334-4172-572-46.10 (General Construction Fund/Building Maintenance).
E. CONTRACT REVISION AND RENEWAL/CONSULTING
A[~REEMENT/URBAN DESIGN STUDIO, LLC: Approve the renewal of a
revised consulting agreement with Urban Design Studio, LLC for Beach C-verlay
District review services. The review -fee will increase from $750.00 to $850.00 and the
contract period is from August 10, 2007 through August 9, 2008.
F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/]35 NW 5TH AVENUE: Approve an Interlocal Agreement
between the City and the Community Redevelopment Agenry (CRA) for the
management and funding of the construction/rehabilitation of 135 NW 5`~ Avenue by
the City.
G. AMENDMENT/SUB-RECIPIENT HOUSING PARTNERSHIP
AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC
Approve an amendment to the Sub-Recipient Housing Partnership Agreement between
the City and the Delray Beach Community Land Trust, Inc. for the purposes of
subsidizing the costs associated with affordable housing units within the Community
Land Trust.
H. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
jFRDAP) GRANTS FY 2008/DELRAY BEACH FAMILY RECREATION
AND FITNESS CENTER/MILLER PA_RI~ Approve a request to apply for grants
from the Florida Recreation Development Assistance Program (FRDAP) in the amount
of $90,000 for the Delray Beach Family Recreation and Fitness Center for playground
equipment, fencing, walkways and drinking fountains, etc., and in the amount of
$200,000 for renovations to Miller Park.
I, RF.SnLilTinN NO 45-07: Approve Resolution No. 45-07 naming the
Western/Senior Community Center the "Delray Beach Family Recreation and Fitness
Center".
J. ADDITIONAL AUDIT FEES/CALER, DONTEN, LEVINE, DRUKER.
PORTER & VEIL P A.• Approve the payment of additional Audit Fees for FY 2006
in the amount of $35,906.00 to Caler, Donten, Levine, Druker, Porter & Veil, P.A. for
additional audit services. Funding is available from multiple accounts.
K. ~R;ENTDA~FI`t'*' NO 1 TO INTERLOCAL AGREEMENT/PALM BEACH
~Y,nu~OurE DEVELOPMENT CONSORTIUM: Approve Amendment No.
1 to the Interlocal Agreement creating the Palm Beach County Workforce Development
Consortium.
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L. CONTRACT ADDITION (,C O NO 4/BLOCK 64 ALLEY IMPROVEMENT
PROJECT/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract
Addition (C.O. No. 4) in the amount of $77,525.00 to Chaz Equipment Company for
the emergency sewer main repairs on SW 7`s Avenue related to the Block 64 Alley
Improvement Project. Funding is available from 442-5178-536.46.90 (Water/Sewer
Renewal and Replacement Fund/Other Repair/Maintenance Costs).
M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
from July 23, 2007 through August 3, 2007.
N. AWARD OF BIDS AND CONTRA
MOVED TO ITEM 9 A A ON THE REGULAR AGENDA).
2. Purchase award to CDW-Government in the amount of $29,995.00 for seven
('7) replacement laptops for the Delray Beach Police Department. Funding is
available from 334-2111-521-64.11 (General Construction Fund/Computer
Equipment).
9. REGULAR AGENDA:
A.A PURCHASE AWARD/ORKIN PEST CONTROL: Purchase award to Orkin Pest
Control in the amount of $19,975.00 for a tent fiunigatton of City Hall for the
eradication of termite infestation. Funding is available from 001-1802-512-34.20
(General Fund/Pest Control Services). (Motion to table for further investigation; Approved,
4-0)
A. PUBLIC COMMENTS/FY 2008 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2008 Proposed Budget at this time.
B. WAIVER REQUEST TO ALLOW A TEMPORARY MODULAR
BUILDING/DELRAY MAZDA: Consider a waiver request to allow the installation
of a 653 square foot temporary modular building for the Delray Mazda Automotive
Dealership located at the southeast corner of South Federal Highway and Tropic
Boulevard (2001 South Federal Highway). (Quasi Judicial Hearing) (Motion to adopt
Board Order as presented; Approved, 4-0)
C. DELRAY BEACH MARINA RATES: Consider approval of a proposed rate
increase to $.60 per foot per day for non-lived aboard and $.70 per foot per day for live-
aboard; increase of late fee from $25.00 to $50.00 and removal of the option of paying
the minimum when boat is not in slip. (Approved, 4-0)
D. _PROPOSAL FOR eCivis GRANT NETWORK SERVICES: Consider approval
and authorize the Mayor to execute an agreement in the amount of $29,000 with eCivis
for their Grant Network Services. (Approved, 4-0)
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E. SPECIAL EVENT REQUEST/COMMUNITY REVIVAL AND BACK TO
SCHOOL EVENT: Consider approval of a special event request for a new event, the
"Community Revival and Back to School Event" sponsored by One Love-One
Community Foundation, Inc. proposed to be held at Pompey Park on August 17 - 19,
2007; from 8:00 p.m. to midnight on August 17, 2007, from 11:00 a.m. to 6:00 p.m. on
August 18, 2007 and August 19, 2007; and authorize staff support for security, signage,
EMS assistance, site clean up and trash removal, use of the new large stage, waiver of
stage rental fees and trash box costs, the Ciry to contribute funds in the amount of
$1,700.00 and provide the insurance for the event, contingent upon sponsor providing a
hold harmless agreement, certificate of liability insurance one (1) week prior to the event
and contingent upon the conditions listed in the staff report. (Motion to approve per staff
recommendations; Approved, 4-0)
F. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members to the Education Board for two (2) year terms ending July 31, 2009 and (1)
one regular member to serve an unexpired term ending July 31, 2008. Based upon the
rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1)
and Commissioner Fetzer (Seat #2). (Appointed Adam Davis and approved, 4-0; appointed
Susan Sikich and approved, 4-0; and appointed Kenneth Zeno and approved, 4-0)
G. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint two
(2) regular members to the Public Art Advisory Board to serve two (2) year terms
ending August 2, 2009. Based upon the rotation system, the appointments will be made
by Commissioner Eliopoulos (Seat #1) and Commissioner Montague (Seat #4).
(appointed Robert Currie and approved, 4-0; and appointed Patricia Truscello and approved, 4-
0)
H. NOMINATIONS FOR THE FLORIDA CITIES OF EXCELLENCE
AWARDS PROGRAM: Consider approval of nominations for the 2007 Florida Cities
of Excellence Awards for Ashley Wintemute for the City Employee of the Year Award
and the City of Delray Beach for the City of Excellence Award. (Approved, 4-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO 22-07 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2007-2): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2007-2 and associated
Future Land Use Map (PLUM) amendments, and authorize transmittal to the State
Department of Community Affairs. Amendment 2007-2 includes:
Text Amendments:
a. Future Land Use Element -Modification of the description of the GC (General
Commercial) Future Land Use designation to increase the allowable percentage
of building area devoted to residential use from 15% to 75% at a maximum
density of 30 units per acre within the Four Corners Overlay District, subject to
the provision of workforce housing.
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b. Future Land Use Element -Modification of Policy A-7.2 to include the
provision of workforce housing in the Four Corners Overlay District.
c. Future Land Use Element -Modification of the description of the TRN
(Transitional) Future Land Use designation to allow for increased residential
density up to 24 units per acre within the Carver Estates Overlay District,
subject to the provision of workforce housing.
d. Future Land Use Element -Expansion of the Southwest Neighborhood Area
Overlay District to include properties located '/2 block on either side of SW 12~'
Avenue, between SW 2id Street and SW 3`~ Street. This overlay district allows a
maximum density of 24 units per acre, subject to the provision of workforce
housing.
e. Future Land Use Element -Modification of the description of the GC (General
Commercial) Future Land Use designation to increase the maximum density on
properties lying within the Four Corners Overlay District which are not located
at the intersection of Atlantic Avenue and Military Trail and which have less
than 160 feet of direct frontage on Atlantic Avenue to 50 units per acre.
Residential development on these properties may comprise up to 100% of the
total building area and shall not be subject to the requirement to provide
workforce housing. (Withdrawn by applicant)
f. Future Land Use Element -Modification of the description of the Medium
Density Residential Future Land Use designation to accommodate expansion of
the Carver Estates Overlay Area to include the south portion of the Auburn
Trace Development. This area is currently located within the Infill Workforce
Housing Area which allows up to 18 units per acre, subject to the provision of
workforce housing. Within the Carver Estates Overlay Area, the maximum
density will increase to 24 units per area.
2. Future Land Use Map Amendments:
a. City initiated Future Land Use Map amendment for approximately 3.9 acres,
located '/z block on either side of SW 12s' Avenue, between SW 2°d Street and
SW 3`~ Street, from LD (Residential Low Density 0-5 du/ac) to MD (Residential
Medium Density 5-12 du/ac). (I~lotion to approve Ordinance No. 22-07 as amended
withdrawing Section 5 on Page 9; Approved, 4-0)
B. RESOLUTION NO. 44-07: Approve and adopt Resolution No. 44-07 setting forth
an inventory list of properties to be used for affordable housing in accordance with
Section 166.0451 of the Florida Statutes. (Approved, 4-0)
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C. ORDINANCE NO. 2407: City initiated amendment to the Land Development
Regulations (LDR) Section 4.3.4, "Base District Development Standards", Subsection
4.3.4(x), "Development Standards Matrix", and Section 4.4.6, "Medium Density
Residential (Rlvl) District", Subsection 4.4.6(A), "Purpose and Intent", to add references
to the Carver Estates Overlay District and the Infill Workforce Housing Area.
(POSTPONED TO AUGUST 21, 2007 DUE TO FURTHER ADVERTISING)
(Motion to POSTPONE items 10.C through 10.G until the August 21, 2007 Regular
Commission Meeting; Approved, 4-0)
D. ORDINANCE NO 25-07• City initiated amendment to the Land Development
Regulations (LDR) Section 2.4.2, "Notice Requirements", and Section 2.4.3(I~, "Fees",
to provide for an increase in the Development Applications, Plan Check Fees and
Building Permit Fees. (POSTPONED TO AUGUST 21, 2007 DUE TO
FURTHER ADVERTISING) (POSTPONED until the August 21, 2007 Regular
Commission Meeting)
E. ORDINANCE NO. 26-07: City initiated amendment to the Land Development
Regulations (LDR) enacting Section 2.4.7(G), "Requests for Reasonable
Accommodation", to provide procedures for handling and processing requests for
accommodation from the City's Code. (POSTPONED TO AUGUST 21, 2007 DUE
TO FURTHER ADVERTISING) (POSTPONED until the August 21, 2007 Regular
Commission Meeting)
F. ORDINANCE NO. 27-07: City initiated amendment to the Land Development
Regulations (LDR) amending Section 4.4.13, "Central Business District (CBD)",
Subsection 4.4.13(0), "Conditional Uses and Structures Allowed", to clarify the
maximum allowed residential density in the West Atlantic Avenue Neighborhood.
(POSTPONED TO AUGUST 21,, 2007 DUE TO FURTHER ADVERTISING)
(POSTPONED until the August 21, 2007 Regular Commission Meeting)
G. ORDINANCE NO. 28-07: City initiated text amendment to Chapter 71, "Parking
Regulations" of the Code of Ordinances, by amending Section 71.058, "Cost of Parking
or Standing Vehicles in Certain Metered Spaces", regarding the increase of Parking
Meter Fees, east of the Intracoastal Waterway from $0.75 to $1.00 per hour.
(POSTPONED TO AUGUST 21 2007 DUE TO FURTHER ADVERTISING)
(POSTPONED until the August 21, 2007 Regular Commission Meeting)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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12. FIRST READINGS:
A. ORDINANCE NO. 29-07: An ordinance replacing an existing Florida Power and
Light Company (FPL) Franchise Agreement that is set to expire in 2011. If passed, a
public hearing will be scheduled for August 21, 2007. (Approved, 4-0)
B. ORDINANCE NO. 30-07: An ordinance amending Chapter 117, "Landlord
Permits", of the Code of Ordinances by amending Section 117.2, "Permit Fees", to
provide for an increase in the Landlord Permit fee from $30.00 per unit to $50.00 per
unit. If passed, a public hearing will be scheduled for August 21, 2007. (Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C, City Commission
POSTED: AUGUST 3, 2007
*~~~~~ Meeting adjourned at 7.•51 p.m. *~****
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