09-04-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
RULE$ 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, September 4, 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. $IGN IN 8HEET: Frior 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 COMMI88ION: 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 PROCEDUREB
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.
100 NW 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.
ROLL CAi.i..
2. INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Revised Board Order for Item 9.C., Appeal of Site Plan
Review and Appearance Board Decision/Kentucky Fried Chicken and Item 8.B., Acceptance of Right-
Of-Way Deed/238 SE 7~h Avenue was moved to the Regular Agenda as Item 9.A.A.; Approved as
amended, 5-0)
5. APPROVAL OF MINUTES:
August 21, 2007 -Regular Meeting (Approved, 5-0)
August 28, 2007 -Special/Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. National Sickle Cell Awareness Month -September 2007
7. PRESENTATIONS:
A. Employee Suggestion Award to Fire-Rescue Lieutenant David Brassard - Fire
Department
B. Gateway Feature Update -Community Redevelopment Agenry (CRA)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL BOUNDARY PLAT APPROVAL/SEAGATE HOTEL ON
ATLANTIC AVENUE: Approve the final boundary plat for the Seagate Hotel on
Atlantic Avenue Plat, located on the south side of East Atlantic Avenue between
Venetian Drive and Gleason Street.
B. MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA)
C. CONTRACT CLOSEOUT (C.O NO 1/FINALI/WEST CONSTRUCTION.
IN .: Approve a Contract Closeout (C. O. No. 1/Final) in the amount of a $10,105.00
decrease and final payment in the amount of $13,295.70 to West Construction, Inc. for
the completion of the Rosemont Park Project. Funding is available from 334-4131-572-
65.89 (General Construction Fund/Neighborhood - S.W. 6`'' Street -Rosemont) and
441-5161-536-65.89 (Water/Sewer Fund/Other Improvements/Neighborhood
Park/S.W. 6~` Street -Rosemont).
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D. rONTRACT ADDITION (C O NO 5)/CHAZ EQUIPMENT COMPANY,
INC •/BLOCK 64 DRAINAGE AND WATER MAIN IMPROVEMENTS
PROT~ Approve a Contract Addition (C.O. No. 5) in the amount of $9,875.00 to
Chaz Equipment Company, Inc. for the addition of swales along the west side of S.W.
1$` Avenue between S.W. 3`~ Street and S.W. 4s' Street for the Block 64 Drainage and
Water Main Improvements Project. Funding is available from 448-5461-538-65.33
(Storm Water Utility Fund/Other Improvements/Block 64 Improvements).
E. RESOLUTION NO. 49-07: Approve Resolution No. 49-07 assessing costs for
abatement action required to remove nuisances on six (6) properties throughout the
Ciry.
F. TROMBONE MAST ARM_ AGREEMENT/PALM BEACH COUNTY•
Approve an agreement between the City and Palm Beach County for the installation of
the trombone mast arms at the intersection of West Atlantic Avenue and S.W./N.W.
12~' Avenue. Palm Beach County will reimburse the City in the amount of $250,000.00
for the installation of the trombone mast arms.
G. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)B Approve an interlocal agreement between the City and Community
Redevelopment Agency for work performed by the City Attorney's Office.
H. SPECIAL EVENT REQUEST/ART & TAZZ ON THE AVENUE• Approve a
special event request for the Art & Jazz on the Avenue scheduled for October 18, 2007
from 6:00 p.m. to 10:00 p.m.; granting a temporary use permit per LDR Section 2.4.6(F)
for the closure of Atlantic Avenue from Swinton Avenue to the west side of N.E./S.E.
7`s Avenue, Railroad Avenue from Atlantic Avenue north to the north side of the
ease/west alley, and to the alleys north and south of Atlantic Avenue on N.E./S.E. 1$`
Avenue, N.E./S.E. 2"d Avenue, S.E. 3`~ Avenue, N.E./S.E. 4`~ Avenue, and to authorize
staff support for security and traffic control, EMS assistance, banner hanging and
removal, barricade set-up/removal, trash removal and clean up, and the sponsor will
pay the City 20% for all costs over $1,000 plus the full cost of bamcade rental and trash
boxes; contingent upon the conditions listed in the staff report, the sponsor providing a
hold harmless agreement and certificate of liability insurance one (1) week prior to the
event.
I. SPECIAL EVENT REQUEST/HOWARD ALAN ]3'~ ANNUAL
DOWNTOWN DELRAY BEACH CRAFT FESTIVAL• Approve a special event
request for the 13s' Annual Downtown Dekay Beach Craft Festival sponsored by
Howard Alan Events, Ltd. to be held from 10:00 a.m. until 5:00 p.m. on September 22,
2007 - September 23, 2007, granting a temporary use permit per LDR Section 2.4.6(F)
for the closure of N.E. 2"d Avenue from the alley just north of Atlantic Avenue to
approximately 400 feet north of N.E. 3`~ Street, to utilize City Hall parking lot for
vendor parking, authorize staff support for police traffic control and security,
barricading and Fire Inspector with the sponsor paying all overtime costs; contingent
upon receipt of an executed Hold Harmless Agreement.
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J. ACCEPTANCE OF RIGHT-OF-WAY DEED/346 AND 352 N.W. 7TH
AVENUE: Approve and accept aright-of--way deed between the City and Dekay
Beach Community Land Trust, Inc. fox 25 feet in association with the construction of
two (2) single family homes addressed as 346 and 352 N.W. 7~' Avenue, for eligible
homebuyers approved by the Delray Beach Community Land Trust, Inc.
K. SECOND AMENDMENT/INTERLOCAL AGREEMENT/PALM BEACH
COUNTY: Approve a Second Amendment to the Interlocal Agreement with Palm
Beach County that provides additional support to the Delray Beach Weed and Seed
"seeding" efforts; Palm Beach County will provide additional funding in the amount of
$100,000.00.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
August 20, 2007 through August 31, 2007.
M. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Duval Ford in the amount of $23,413.00 via the Florida
Sheriffis Association Contract #06-14-0821 for the purchase of one (1) 2008
Ford Crown Victoria Police Interceptor for the Police Department. Funding is
available from 501-3312-591-64.20 (Central Garage Fund/Automotive).
2. Purchase award to Emergency Vehicle Supply (EVS) in the amount of
$39,791.60 as a sole provider for the custom installation package to be installed
on five (5) City vehicles. Funding is available from 501-3312-591-64.20 (Central
Garage Fund/Automotive).
3. Contract award to Brang Construction, Inc. in the amount of $559,303.00 for
the construction of Bexley Txail Community Park Improvements Project.
Funding is available 380-4150-572-63.24 (2004 G.O. Bond/Bexley Park) and
441-5161-536-63.24 (Water/Sewer Fund/Bexley Park).
9. REGULAR AGENDA:
A.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/238 SE 7TH AVENUE: Approve
and accept aright-of--way deed between the City and Dan Dietrich for five (5) feet, for
S.E. 7`~ Avenue in association with the development of 238 S.E. 7~' Avenue, located on
the west side of S.E. 7~' Avenue between S.E. 2°d Street and S.E. 3`~ Street, within the
Marina Historic District. (Commissioner Eliopoulos filed a Conflict of Interest and left dais;
Approved, 4-0)
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A. rONDITIONAL USE REQUEST/VILLAGE SQUARE: Consider a conditional
use request to allow a density in excess of 12 units per acre (18.04 du/ac is proposed) in
the Southwest Area Neighborhood Overlay District in accordance with the provision of
the City's Family Workforce Housing Ordinance for the Village Square (fka Carver
Estates), a 332 unit residential development, located on the east side of Auburn Avenue
and S.W. 13`~ Avenue between S.W. 7~' Street and S.W. 10s` Street. (Quasi Judicial
Hearing) (Motion to adopt Board Order as presented; Approved, 5-0. Commissioner
Eliopoulos returned to dais)
B. WAIVER REQUESTS AND INTERNAL ADiUSTMENT
RE ZUEST/VILLAGE SQUARE: Consider an internal adjustment to the Land
Development Regulations (LDR) Section 4.4.6(F)(3)(c) for side street, and front
setbacks and two (2) waiver requests to the Land Development Regulations (LDR)
Section 6.1.2(C)(3)(a) "Paving Widths" to reduce the required minimum paving width
for an interior road from 24' to 22' and Section 4.6.9(D)(2) "Provisions for Ingress and
Egress" to waive the requirement that adequate maneuvering area shall be provided for
a vehicle to enter and exit the parking area onto the street in a forward manner. The
waiver requests are in conjunction with the Village Square, a proposed 332 unit
residential development located on the east side of Auburn Avenue and S.W. 13~'
Avenue between S.W. 7s' Street and S.W. 10~' Street. (Quasi Judicial Hearing)
(Motion to adopt Board Order as presented; Approved, 5-0)
C. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/KENTUCKY FRIED CHICKEN: Consider an appeal of the Site
Plan Review and Appearance Board's decision regarding signage for Kentucky Fried
Chicken, located at 360 Linton Boulevard. (Quasi Judicial Hearing) (Motion to adopt
Board Order as presented; Approved, 5-0)
D. SPECIAL EVENT POLICIES AND PROCEDURES• Approve the amended
Special Event Policies and Procedures with an effective date of October 1, 2007.
(Motion to approve; Approved, 5-0)
E. SPECIAL EVENT REQUEST/RUN FOR MIRACLES/MILAGRO CENTER:
Consider approval and endorsement of the 2"d Annual Run for Miracles sponsored by
the Milagro Center to be held on January 6, 2008 from 7:30 a.m. to approximately 10:30
a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use
of A-1-A from Casuarina to George Bush Boulevard and Anchor Park from 5:00 a.m.
to approximately 10:30 a.m., and authorize staff support for traffic control, barricade
set-up/removal, trash removal and clean up, use of half of small stage, and waiver of
parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic
Avenue from Venetian Drive to A-1-A from 8:00 a.m. until approximately 11:00 a.m.;
contingent upon receipt of a certificate of liability insurance and an executed Hold
Harmless Agreement. (Motion to approve; Approved, 5-0)
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F. CALL TO ARTISTS/DEL IDA NEIGHBORHOOD PARK: Consider approval
of a request to allow the Public Art Advisory Board to advertise a call to artists for an
art project in the Del Ida Neighborhood Park: The proposed art will be ecologically
and environmentally friendly. Funding is available from the Public Arts Program fund.
(Motion to approve; Approved, 5-0)
G. RESOLUTION NO. 48-07: Consider approval of Resolution No. 48-07 authorizing
the issuance of Water and Sewer Bonds (Series 2007) in the aggregate amount of
$9,000,000.00 and authorizing the sale of such bonds to Branch Banking and Trust at a
rate of 4.410% for a term of 15 years with no penalty for early pre-payment. (Motion to
approve; Approved, 5-0)
H. SETTLEMENT OFFER/NUANCE SEME V. THE CITY: Consider a
Settlement Offer in the amount of $72,000.00 in Nuance Seme v. the City. Staff
recommendation is acceptance subject to the receipt of the appropriate releases. (Motion
to approve; Approved, 5-0)
I. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint
one (1) regular member to the Historic Preservation Board to serve a two (2) year term
ending August 31, 2009. Based upon the rotation system, the appointment will be made
by Commissioner Fetzer (Seat #2). (Appointed Jan Kucera-Winney and approved, 5-0)
J. APPOINTMENT TO THE SITE PLAN REVIEW AND APPEARANCE
BOARD: Appoint one (1) regular member to serve an unexpired term ending August
31, 2008. Based upon the rotation system, the appointment will be made by
Commissioner Montague (Seat #4). (Appointed Johnny Kincaide and approved, 5-0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO 50-07 TENTATIVE MILEAGE LEVY1: A resolution
tentatively levying a tax on all properties within the City of Delray Beach for operation
and maintenance and for payment of principal and interest on bonded indebtedness for
FY 2008. (Motion to approve; Approved, 5-0)
B. RESOLUTION NO 51-07 (TENTATIVE MILEAGE LEVY/DDA~ A
resolution tentatively levying a tax on all properties within the Downtown Development
Authority Taxing District of the City of Dekay Beach for FY 2008. (Approved, 5-0)
C. RESOLUTION NO 52-07 ~I'ENTATIVE BUDGET ADOPTION FOR FY
2008): A resolution tentatively making appropriations of sums of money for all
necessary expenditures of the City of Delray Beach for the period October 1, 2007
through September 30, 2008. (Approved, 5-0)
D. ORDINANCE NO 34-07 FIRST READING/FIRST PUBLIC HEARINGI:
Privately initiated amendment to the Land Development Regulations (LDR), Section
4.4.13, "Central Business District", to permit the use of parking lifts. If passed, a
second public hearing will be scheduled for September 18, 2007. (Commissioner
Eliopoulos filed a Conflict of Interest and left dais; Approved, 4-0)
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E. ORDINANCE NO 35-07 (FIRST READING/FIRST PUBLIC HEARINGI•
City initiated amendment to the Land Development Regulations (LDR) Section
4.4.13(G)(1), "Central Business District (CBD)", to clarify parking requirements for
hotels and motels in the Central Core Area. If passed, a second public hearing will be
scheduled for September 18, 2007. (Approved, 5-0. Commissioner Eliopoulos returned to
dais)
F. ORDINANCE NO. 33-07: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees",
Subsection 96.66(A) of the Code of Ordinances to adjust the fee schedule for
emergency medical transportation in accordance with the National Ambulance Fee
Schedule. (Approved, 5-0)
G. ORDINANCE NO. 32-07: An ordinance amending Chapter 35, "Employee Policies
and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending
Section 35.097, "Retirement Income; Basis, Amount and Payment", providing up to
one (1) additional year of credited service for certain employees who elect to terminate
City employment and retire on or before September 30, 2007. (Approved, 5-0)
H. 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 Land Development Regulations. (Approved, 5-0)
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.
12. FIRST READINGS:
A. ORDINANCE NO. 39-07: An ordinance amending Chapter 52, "Water" of the City
Code of Ordinances by amending Section 52.34, "Water Rates", to provide for changes
in residential, nonresidential, and irrigation rates for FY 2008. If passed, a public
hearing will be scheduled for September 18, 2007. (Approved, 5-0)
B. ORDINANCE NO. 40-07: An ordinance amending Chapter 53, "Sanitary Sewers",
of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale
Sewer Rates; Calculation of Sewer Surcharge", to provide for increased sewer rates. If
passed, a public hearing will be scheduled for September 18, 2007. (Approved, 5-0)
C. ORDINANCE NO. 41-07: An ordinance amending Chapter 51, "Garbage and
Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges
Levied", to provide for increasing contracted garbage, trash, recycling, vegetation, and
bulk waste collection service rates by 2.6% for FY 2008. If passed, a public hearing will
be scheduled for September 18, 2007. (Approved, 5-0)
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D. ORDINANCE NO. 42-07: An ordinance amending Chapter 50, "Utilities Generally:
Public Service Tax", Section 50.15, "Levy of Tax", to provide for an increase of the
public service taxes fox electricity, fuel oil and gas. If passed, a public hearing will be
scheduled for September 18, 2007. (Approved, 5-0)
E. ORDINANCE NO. 36-07: City initiated amendment to the Land Development
Regulations (LDR) Section 2.2.3, "The Site Plan Review And Appearance Board",
Subsection (D), "Duties, Powers and Responsibilities", and Section 2.2.4, "The Board
of Adjustment", Subsection (D), "Duties, Powers and Responsibilities", to provide for a
method for appeals; amending Section 2.4.8, "Processing Schedules", in order to
provide 30 days for review of beach property plans in accordance with the beach
property owners design manual; amending Section 4.4.3, "Single Family Residential (R-
1) Districts", Subsections (A), "Purpose and Intent", (E), "Review and Approval
Process", (F), "Development Standards", and (G), "Supplemental District Regulations",
and amending Section 4.5.13, "North Beach/Seagate and Ocean Neighborhood Overlay
Districts", to provide that visual compatibility may be regulated in accordance with the
`Beach Property Owners Design Manual" for North Beach and Seagate
Neighborhoods. If passed, a public hearing will be scheduled for September 18, 2007.
(Approved, 5-0)
F. ORDINANCE NO. 37-07: City initiated amendment to the Land Development
Regulations (LDR) Appendix "A", "Definitions", by enacting definitions for "adult
material", "specified anatomical areas" and "specified sexual activities". If passed, a
public hearing will be scheduled for September 18, 2007. (Approved, 5-0)
G. ORDINANCE NO. 43-07: An ordinance amending Chapter 59, "Reclaimed Water",
of the Code of Ordinances by amending Section 59.06, "Use of Reclaimed Water within
the City of Delray Beach Utility Service Area", to provide that all customers shall
connect to the Reclaimed Water System; amending Section 59.09, "Fees, Rates and
Charges", to increase the wholesale rate; and amending Section 59.13, "Approved Uses
of Reclaimed Water", to provide for hours of use for irrigation. If passed, a public
hearing will be scheduled fox September 18, 2007. (Approved, 5-0)
H. ORDINANCE NO. 44-07: Consideration of an amendment to the Land
Development Regulations (LDR), Section 2.4.3(x)(1) "Development Applications"
reducing the development application fee for variances before the Historic Preservation
Board. If passed, a public hearing will be scheduled for September 18, 2007. (Approved,
5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: AUGUST S1, 2007
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