10-02-07 Agenda Results RegCity 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, October 2, 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.
Z. 8IGN 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. ADDRE88ING THE COMMI$8ION: 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 PROCEDURE8
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 Bench, Florida 33444 The City will fiunish 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 Fetzer absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (hZayor noted Item 8.B Landscape Maintenance Agreement/Cannery Row
Development was moved to Item 9.A.A. under the regular agenda; Approved as amended, 4-0)
5. APPROVAL OF MINUTES:
~ September 18, 2007 -Regular Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. Change a Light Day -October 3, 2007
B. Make A Difference Day -October 27, 2007
C. Florida City Government Week -October 21-27, 2007
D. National Arts and Humanities Month -October 2007
E. National Physical Therapy Month -October 2007
7. PRESENTATIONS:
A. Dekay Beach Jaycees Fishing Tournament/Defray Citizens for Dekay Police -Officer
Jeffery Messer and Chris Reich
B. My Safe Florida Home Program Presentation
8. CONSENT AGENDA: Ciry Manager Recommends Approval. (Approved as amended, 4-0)
A. ACCEPTANCE OF EASEMENT DEED/CLEARBROOK HOMEOWNERS
ASSOCIATION: Approve and accept an easement deed between the City and
Clearbrook Homeowners Association to allow the installation of a reclaimed water line
from Homewood Boulevard to Clearbrook Circle.
B. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA).
C. RESOLUTION NO. 58-07: Approve Resolution No. 58-07 providing support for
the City's beach renourishment project and a funding commitment to provide for the
local match.
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D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/NEIGHBORHOOD PLANNER: Approve an Interlocal Agreement
between the City and the Community Redevelopment Agenry (CRA) for funding in the
amount up to $34,410.00 per year for a Neighborhood Planner position to be assigned
to the Neighborhood Resource Center to serve as a liaison between the Community
Redevelopment Agency (CRA), West Atlantic Avenue Task Team (WATT) and West
Atlantic Avenue Redevelopment Coalition (WARC); and provide Community Land
Trust (CLT) outreach services. The Community Redevelopment Agency (CRA) shall
contribute 50% of the cost of this position.
E. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/PLAN REVIEWER II: Approve an Interlocal Agreement between the
City and the Community Redevelopment Agenry (CRA) in an amount up to $67,200.00
per year for a Plan Reviewer II position in the Community Improvement Department
for the prioritization of CRA projects for plan review and permit approval.
F. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/PLANNING AND OTHER SERVICES: Approve an
Interlocal Agreement between the City and the Community Redevelopment Agenry
(CRA) in an amount up to $115,500.00 per year for planning and other services from
the Planning and Zoning Department, Parking Management Specialist and the
Information Technology Division.
G. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/CLEAN AND SAFE PROGRAM: Approve an Interlocal Agreement
between the City and the Community Redevelopment Agenry (CRA) in the amount of
$870,000.00 for funding for the Clean and Safe Program for FY 2007/2008.
H. ~NTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/CONSTRUCTION/PROFESSIONAL SERVICES: Approve an
Interlocal Agreement between the City and the Community Redevelopment Agenry
(CRA) for funding construction/professional services for FY 2007/2008.
I. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY/IN-HOUSE PROTECT MANAGEMENT SERVICES: Approve an
Interlocal Agreement between the City and the Community Redevelopment Agenry
(CRA) in the amount of $78,750.00 for funding of the Project Manager position in the
Environmental Services Department/Engineering Division. The Project Manager
position manages the Community Redevelopment Agency (CRA) projects, helps keep
the projects on schedule and ensure that they are properly coordinated and managed.
J. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT
ADVISORY BOARD: Approve and ratify the reappointment of Mr. Charles Halbexg,
Planning & Zoning Board Representative, to the Parking Management Advisory Board
for a two (2) year term ending August 31, 2009.
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K. TRI-PARTY AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH
HISTORICAL SOCIETY: Approve an agreement between the City, Palm Beach
County and the Dekay Beach Historical Society for funding from Palm Beach County
in an amount not to exceed X200,000 for the Hunt House Learning Center and Archival
Storage Facility.
L. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special
event request to allow the Annual Halloween Parade sponsored by the Noontime
Kiwanis Club to be held on October 27, 2007 from 1:30 p.m. until approximately 2:15
p.m., including temporary use permit per LDR Section 2.4.6(F~ for the rolling closure of
Atlantic Avenue from N.E. 1" Avenue to Veterans Park, staff support for traffic control
and security; contingent upon the receipt of a hold harmless agreement.
M. LETTER OF SUPPORT/COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM (CDBGI FUNDING FOR FY 2008: Approve and authorize the Mayor
to sign the letter of support for the Community Development Block Grant (CDBG)
funding for FY 2008.
N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
September 17, 2007 through September 28, 2007.
O. AWARD OF BIDS AND CONTRACTS:
1. NONE.
9. REGULAR AGENDA:
A.A LANDSCAPE MAINTENANCE AGREEMENT/CANNERY ROW
HOMEOWNERS ASSOCIATION: Approve and accept a landscape maintenance
agreement between the City and Cannery Row Homeowners Association for the
maintenance of landscaping within the public rights-of--way along N.E. 1$` Avenue, N.E.
2"d Avenue and N.E. 3`~ Street adjacent to the Cannery Row Development.
(Commissioner Eliopoulos filed a Conflict of Interest and left dais; Approved, 3-0)
A. CONDITIONAL USE MODIFICATION REQUEST/SOUTH COUNTY
MENTAL HEALTH CENTER: Consider a conditional use request to allow the
construction of five (5) housing facilities which will each have four (4) sleeping rooms
with two (2) beds per room for South County Mental Health Center, located at 16158
South Military Trail. (Quasi Judicial Hearing) (Motion to adopt Board Order as
presented; Approved, ~0. Commissioner Eliopoulos returned to dais)
B. CONDITIONAL USE REQUEST/HISTORIC_DEPOT SQUARE: Consider a
conditional use request to allow a multiple family residential development containing a
minimum of 25% workforce units and up to 24 dwelling units per acre to be known as
Historic Depot Square in the MIC (Mixed Industrial and Commercial) Zoning District
located between the CSX Railroad and I-95, south of Lake Ida Road. (Quasi Judicial
Hearing) (Motion to adopt Board Order as presented; Approved, 4-0)
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C. WAIVER REQUESTS/CALVARY BIBLE ALLIANCE CHURCH: Consider a
request for waivers to the Land Development Regulations (LDR) Section 6.1.2(A)(2),
which requires right-of--way improvements per LDR Section 5.3.1(C) when a project is
adjacent to unimproved rights-of--way and a waiver to LDR Section 4.6.9(D)(3)(c)(1),
which requires a 50-foot stacking distance along S.W. 11s' Street associated with a Class
N site plan modification for Calvary Bible Alliance Church, located on the southwest
corner of S.W. 10~' Street and S.W. 8~' Avenue (898 S.W. 10~' Street). (Quasi Judicial
Heating) (Motion to adopt Board Order as presented; Approved, 4-0)
D. REQUEST FOR IN-LIEU PARKING SPACES/DRAGONFLY
RESTAURANT: Consider a request from the Dragonfly Restaurant for the purchase
of six (6) in-lieu parking spaces in the amount of $39,000 to accommodate the
conversion of use of a historic single family residence to a restaurant. The Dragonfly
Restaurant is located at 125 N.E. 1" Avenue. (Quasi Judicial Heating) (Motion to
adopt Board Order as presented; Approved, 3-0. Commissioner Eliopoulos left dais)
E. APPOINTMENT OF OUTSIDE COUNSEL/JETPORT II, LLC AND SUN
RECYCLING, LLC V. THE CITY OF DELRAY BEACH AND THE DELRAY
BEACH CODE ENFORCEMENT BOARD: Consider the appointment of the law
firm of Holland & Knight, LLP as outside counsel for the City in the case of Jetport II,
LLC and Sun Rerycling, LLC v. The City of Dekay Beach and the Delray Beach Code
Enforcement Board, at no cost to the Ciry. (Commissioner Eliopoulos returned to dais.
Approved, 4-0)
F. CONTRACT AWARD/ALL-RITE PAVING CONTRACTORS. INC.: Consider
approval of a contract award to All-Rite Paving Contractors, Inc. in the amount of
$135,804.50 for the construction of the west parking lot at the Dekay Beach Swim and
Tennis Center Project and consider waiving the irregularity of the lack of
acknowledgement of Addendum No. 1. Funding is available from 117-4133-572-65.57
(Recreation Impact Fee FD/Swim and Tennis Parking Lot). (Motion to TABLE to
October 9, 2007 Special/Workshop Meeting; Approved, 4-0)
G. SPECIAL EVENT REQUEST/HOWARD ALAN 1" ANNUAL DOWNTOWN
DELRAY BEACH NEW YEAR'S EVE CRAFT FESTIVAL: Consider an
approval of a special event request to endorse the 1 S` Annual Downtown Delray Beach
New Year's Eve Craft Festival sponsored by Howard Alan Events, Ltd. to be held from
10:00 a.m. to 5:00 p.m. on December 29, 2007 -December 30, 2007, granting a
temporary use permit per LDR Section 2.4.6(F) for the closure of N.W. 3`~ Avenue
from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis
Center Parking lot, to utilize the north lot at the Ciry Hall parking lot for vendor
parking, authorize staff support for police traffic control and security, barricading, fire
inspector services and event signage to be installed one (1) week prior to event with the
sponsor paying all overtime costs; contingent upon receipt of an executed Hold
Harmless Agreement. (Motion to approve the request subject to staff recommendations for
condition; Approved, 40)
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H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending
July 14, 2010. Based upon the rotation system, the appointment will be made by Mayor
Ellis (Seat #5). (Appointed Kelli Freeman and approved, 4-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 31-07 (FIRST READING/FIRST PUBLIC HEARING
Privately initiated amendment to the Land Development Regulations amending Section
4.4.24, "Old School Square Historic Arts District {OSSHAD)", Subsection 4.4.24(B),
Principal Uses and Structures", to include an additional property that is allowed in the
permitted uses of the Central Business District (CBD) Zoning District; amending
Subsection 4.4.24(F~, "Development Standards", to include an additional property in
the Old School Square Historic Arts District (OSSHAD) that is subject to the standards
of the Central Business District (CBD) Zoning District. If passed, a second public
hearing will be scheduled for October 16, 2007. (Approved, 4-0)
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 N0.48-07: An ordinance amending Chapter 37, "Delray Beach Code
Enforcement," of the Code of Ordinances by amending Section 37.45, "Supplemental
Code Enforcement Procedures", Subsection 37.45(L), "Recovery of Unpaid Civil
Penalties; Unpaid Penalty to Constitute a Lien; Foreclosure", to provide for the
placement of liens due to unpaid citations. If passed, a second public hearing will be
scheduled for October 16, 2007. (Approved, 4-0)
B. ORDINANCE NO. 47-07: City initiated amendment to the Land Development
Regulations (LDR), amending Section 1.4.1, "Interpretation of Land Development
Regulations", Article 2.2, "General Provisions", Sections 2.2.1, 2.2.4, 2.4.3, 7.1.3, 7.8.9,
7.8.12, 7.8.14, 7.8.15, 7.8.16, 7.8.17, 7.8.18, 7.8.19, 7.8.20, 7.8.21, and 7.8.22 and
repealing Section 2.25 and 7.8.13 to substitute "Board of Adjustment" for "Board of
Construction Appeals". If passed, a second public hearing will be scheduled for
October 16, 2007. (Approved, 4-0)
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: SEPTEMBER 28, 2007
****** Meeting adjourned at 8.30 p.m. *****
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