10-16-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
***AGEI~•1DA 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 16, 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 spec~cally 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 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 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.
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 CALL. (Commissioner Fetzer absent)
2. INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted the addition of Item 7.E., Presentation of Ceremonial Check
from the South Florida Water Management District (SFWI~ID) for the Alternative Water Supply (AWS)
Grant was added to the agenda under Presentations by addendum; Item 9.F. Designation of Voting
Delegate/National League of Cities Annual Business Meeting/Congress of Cities was added to the
Regular Agenda by addendum; Additional Information for Item 12.B, Ordinance No. 45-07; Item 8.D.,
Grant Applications/Florida Department of State/Division of Historical Resources was moved to the
Regular Agenda as Item 9.A.A.; Request for Postponement of Item 10.E. to a date certain of November
20, 2007, Regular Commission Meeting; Item 8.B., Renewal of Lease Agreement/Defray Beach
Historical Society/Canon Cottage Property was moved to the Regular Agenda as Item 9.A.A.A; Item
8.L.1., Purchase Award/Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce Manufacturing, Inc.,
was moved to the Regular Agenda as Item 9.A.A.A.A.; and Item 8.L.2, Purchase Award/Hall-Mark Fire
Apparatus of Ocala, Florida was moved to the Regular Agenda as Item 9.A.A.A.A.A.; Approved as
amended, 4-0)
5. APPROVAL OF MINUTES:
• October 2, 2007 -Regular Meeting (Approved, 4-0)
• October 9, 2007 -Special/Workshop Meeting (Approved, 4-0)
G. PROCLAMATIONS:
A. Family Literary Month -November 2007
B. National Hospice and Palliative Care Month -November 2007
7. PRESENTATIONS:
A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork)
Committee Presentation
B. Recognizing and Commending Jorge L. Delgado, Jr., Specialist E-4 for his Service and
Commitment to the United States Army
C. "Spotlight on Education" -Darlene Kostrub, Executive Director of Palm Beach
County Literacy Coalition
D. Downtown Marketing Cooperative Holiday Season Plans
E. Presentation of Ceremonial Check from the South Florida Water Management District
(SFWMD) for the Alternative Water Supply (AWS) grant -Dick Hasko, Director of
Environmental Services
10-16-2007
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8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. AMENDMENT NO.1/HISTORIC FACADE ARCHITECTURAL CONTROL
AND REDEVELOPMENT EASEMENT: Approve Amendment No. 1 to the
Historic Facade Architectural Control and Redevelopment Easement Agreement
between the City and the Community Redevelopment Agenry (CRA) providing that
additional structures may be placed on the Cason Cottage property (Bungalow or
Lavender Shutter Building) with the permission of the Community Redevelopment
Agenry (CRA) in order to allow for the placement of the Hunt House on the property.
B. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA
C. RESOLUTION NO. 59-07: Approve Resolution No. 59-07 supporting the Carver
Estates Revitalization Hope VI Grant application developed by the Delray Beach
Housing Authority.
D. MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDA
E. COASTAL PLANNING & ENGINEERING/BEACH RENOURISHMENT:
Approve and authorize Coastal Planning & Engineering to proceed with the Two (2)
Year Post Construction Physical Monitoring for the Beach Renourishment Project in
the amount of $44,249.00. Funding is available from 332-4164-572-31.30 (Beach
Restoration Fund/Engineering/Architect).
F. EXTENDED WARRANTY/ZOLL MEDICAL CORPORATION: Approve a
one (1) year extended warranty in the amount of $18,648.00 to Zoll Medical
Corporation for fourteen (14) 12-Lead Defibrillator Monitors M Series Units. Funding
is available from 001-2315-526-46.20 (General Fund/Equipment Maintenance).
G. ANNUAL PROTECT HOLIDAY/YOU ARE NOT ALONE
ORGANIZATION: Approve a request to endorse the 2"d Annual Project Holiday
sponsored by the You Are Not Alone Organization and authorize City and staff
support to assist with mailing packages to armed services personnel.
H. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve and
endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation
Department and the Chamber of Commerce to be held on December 8, 2007 beginning
at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F)
for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue
to N.W. 1S` Avenue for parade route; Miramar, Lowery, Gleason and Andrews for
parade set up from approximately 4:00 p.m. to 6:00 p.m.; and authorize staff support for
traffic control and security, EMS assistance, barricade set-up/removal, trash
removal/clean up, and processing of the FDOT permit.
10-16-2007
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I. SPECIAL EVENT REQUEST/ HOLIDAY TREE LIGHTING/ART & TAZZ
ON THE AVENUE: Approve and endorse the Holiday Tree Lighting and Art &
Jazz on the Avenue scheduled for November 29, 2007 from 6:00 p.m. to 10:00 p.m.;
granting a temporary use permit per LDR Section 2.4.6(F~ fox the closure of Atlantic
Avenue from Swinton Avenue to N.E./S.E. 7`s Avenue; to the alley north of Atlantic
Avenue on N.E. 151 Avenue, N.E. 2°d Avenue, Railroad Way, and N.E. 4~' Avenue; from
Atlantic Avenue to the alley south on S.E. 15Y Avenue, S.E. 2°d Avenue and S.E. 4~'
Avenue; and authorize staff support for security and traffic control, banner
hanging/removal, barricade set-up/removal, trash removal, clean up assistance, and
use/set up of the new Ciry stage.
J. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve
two (2) Housing Rehabilitation grant/contract awards through the Community
Development Division in the amount of $31,862.25 to Cordoba Construction Co. Inc.,
and in the amount of $33,967.50 to Ray Graeve and Sons Construction. Funding is
available from 118-1924-551-49.19 (State Housing Initiatives Partnership (SHIP)
Program/Housing Rehabilitation) and 118-1963-554-49.19 (Community Development
Fund/Housing Rehabilitation).
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 1, 2007 through October 12, 2007.
L. AWARD OF BIDS AND CONTRACTS:
1. (MOVED TO ITEM 9.A.A.A.A. ON THE REGULAR AGENDA).
2. (MOVED TO ITEM 9.A.A.A.A.A. ON THE REGULAR AGENDAI.
3. Purchase award to American Traffic Products and Services in the amount of
$20,455.70 for the City's yearly supply of signs and sign supplies. Funding is
available from 001-3141-541-52.20 (General Fund/General Operating Supplies).
9. REGULAR AGENDA:
A.A. GRANT APPLICATIONS/FLORIDA DEPARTMENT OF
STATE/DIVISION OF HISTORICAL RESOURCES: Authorize staff to submit
two (2) grant applications to the Florida Department of State, Division of Historical
Resources for funding in the amount of $25,000.00 to resurvey four (4) historic districts
(Del-Ida Park, Nassau Park, Old School Square and West Settlers Historic Districts) and
purchase ten (10) State Historical Markers. (Approved, 4-0)
A.A.A. RENEWAL OF LEASE AGREEMENT/DELRAY BEACH HISTORICAL
SOCIETY/GABON COTTAGE PROPERTY: Approve the renewal of the lease
agreement between the Ciry and the Delray Beach Historical Society fox the Cason
Cottage Property. (Approved, 4-0)
10-16-2007
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A.A.A.A. PURCHASE AWARD/TEN-8 FIRE EQUIPMENT, INC. OF BRADENTON,
FLORIDA/PIERCE MANUFACTURING, INC.: Purchase award to Ten-8 Fire
Equipment, Inc. of Bradenton, Florida/Pierce Manufacturing, Inc. in the amount of
$469,778.00 for the purchase of one (1) Pierce Manufacturing, Inc. Custom Heavy Duty
Pumper for the Fire Department. Funding is available from 501-3312-591-64.25
(Central Garage Fund/Heavy Equipment). (Approved, 4-0)
A.A.A.A.A. PURCHASE AWARD/HALL-MARK APPARATUS OF OCALA. FLORIDA:
Purchase award to Hall-Mark Fire Apparatus of Ocala, Florida in the amount of
$214,741.37 via the Florida Sheriff's Association, Bid #OS-06-0823 for one (1) 2008
Custom Rescue Transport Unit for the Fire Department. Funding is available from
501-3312-591-64.25 (Central Garage Fund/Heavy Equipment. (Approved, 4-0)
A. REQUEST FOR IN-LIEU PARKING SPACES/ONNEN DISASTER AND
RECOVERY CENTER: Consider a request from the Onnen Disaster and Recovery
Center for the purchase of three (3) in-lieu parking spaces in the amount of $46,800.00
to accommodate a proposed 4-story mixed use building containing 9,361 square feet of
office space and one (1) residential unit on the fourth floor. The Onnen Disaster and
Recovery Center is located at 234 N.E. 4''' Avenue. (Quasi Judicial Heating) (Motion
to approve the Board Order as presented; Approved, 4-0)
B. AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider approval of an
agreement between the City and Horse Drawn Carriages, Inc. to provide horse and
carriage rides along Atlantic Avenue and N.E. 2"d Avenue as specified from November
1, 2007 through May 30, 2008. (Approved, 4-0)
C. RE,~ECTION OF BIDS/DELRAY BEACH SWIM AND TENNIS CENTER
WEST PARKING LOT PROJECT: Consider rejection of all bids received for the
Delray Beach Swim and Tennis Center West Parking Lot Project; and authorize staff to
re-advertise for competitive bids. (Approved, 4-0)
D. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY:
Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4)
year term ending October 27, 2011. Based upon the rotation system, the appointment
will be made by Mayor Ellis (Seat #5). (DEFERRED until November 6, 2007 Regular
Commission Meeting)
E. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint four (4) regular members to the Neighborhood Advisory Council for Zone 1,
Zone 2, Zone 3 and Zone 4 to serve three (3) year terms ending August 31, 2010 and
one (1) At Large Representative to serve a three (3) year term ending August 31, 2010.
Based upon the rotation system, the appointments will be made by Commissioner
McDuffie (Seat #3), Commissioner Montague (Seat #4), Mayor Ellis (Seat #5),
Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). (Appointed
Gaston Joseph and approved, 4-0; appointed Jennifer Witt and approved, 4-0; appointed Linda
Laurence Leib and approved, 4-0; appointed Harold Van Arnem and approved 4-0;
Commissioner Fetzers' appointment was deferred until November 6, 2007)
10-16-2007
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F. DESIGNATION OF VOTING DELEGATE/NATIONAL LEAGUE OF
CITIES ANNUAL BUSINESS MEETING/CONGRESS OF CITIES: Consider
designating a voting delegate and an alternate to the- National League of Cities Annual
Business Meeting/Congress of Cities to be held at the Ernest N. Morial Convention
Center in New Orleans, Louisiana on November 17, 2007. (Motion to appoint
Commissioner McDuEfie as the voting delegate; Approved, 4-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 46-07 (FIRST READING/FIRST PUBLIC HEARING
Consideration of a modification of the Blood's Grove Special Activities District (S.A.D)
Ordinance No. 51-95, in conjunction with a new mixed-use development known as
Midtown Dekay containing 116 townhouse units (of which 32 units are subject to the
family workforce housing ordinance) and 29,571 square feet of medical offices to be
located at the southwest corner of Linton Boulevard and Old Germantown Road (4600
Linton Boulevard). If passed, a quasi judicial public hearing will be scheduled for
November 6, 2007. (Approved, 4-0)
B. CONTRACT FOR SALE AND PURCHASE/CONDOMINIUM UNITS 1-9/
OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/FAMILY
GOURMET MARKETS, LLC: Consider approval of a contract to sell City owned
property, condominium units 1-9, located on the first floor of the Old School Square
Parking Garage at the southwest corner of N.E. 2°d Avenue and N.E. 15` Street, and
Contract for Sale and Purchase between the City and Family Gourmet Food Markets,
LLC in the amount of $3,600,000.00. (Motion to direct Ciry Attorney to negotiate a contract
with Family Gourmet Food Markets, LLC for Item 10.C; Approved, 3-1)
C. CONTRACT FOR SALE AND PURCHASE/CONDOMINIUM UNITS 5-9/
OLD SCHOOL SQUARE PARKING GARAGE PROPERTY/FAMILY
GOURMET MARKETS, LLC:. Consider approval of a contract to sell City owned
property, condominium units 5-9, excluding the western four (4) units. The property is
located on the first floor of the Old School Square Parking Garage at the southwest
corner of N.E. 2°d Avenue and N.E. 1S` Street, and Contract for Sale and Purchase
between the City and Family Gourmet Food Markets, LLC in the amount of
$2,347,499.20, (Motion to direct Ciry Attorney to negotiate a contract with Family Gourmet
Food Markets, LLC for Item 10.C; Approved, 3-1)
D. CONTRACT FOR SALE AND PURCHASE/FIVE (5) CONDOMINIUM
UNITS/OLD SCHOOL SQUARE PARKING GARAGE
PROPERTY/DAVINCI CANDLE, LLC: Consider approval of a contract to sell
City owned property, five (5) condominium units, excluding the western four (4) units.
The property is located on the first floor of the Old School Square Parking Garage at
the southwest corner of N.E. 2"d Avenue and N.E. 15` Street, and Contract for Sale and
Purchase between the City and Davinci Candle, LLC in the amount of $2,244,600.00.
(Motion to direct City Attorney to negotiate a contract with Family Gourmet Food Markets,
LLC for Item 10.C; Approved, 3-1)
10-16-2007
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E. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC
HEARINGI: 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 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. (Motion
to POSTPONE to a date certain of November 20, 2007 Regular Commission Meeting;
Approved, 4-0)
F. ORDINANCE N0.48-07: An ordinance amending Chapter 37, "Dekay 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. (Approved, 4-0)
G. 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". (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 NO. 51-07: An ordinance amending Chapter 92, `Boats and
Boating", by amending Section 92.33, "Dockage Rate", of the Code of Ordinances to
clarify the dockage rate charged for the City Marina. If passed, a public hearing will be
scheduled for November 6, 2007. (Approved, 4-0)
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B. ORDINANCE NO. 45-07: An ordinance amending Section 37.45, "Supplemental
Code Enforcement Procedures", Subsection (~, "Civil Penalties", to provide for
citations for noise violations of motor vehicles and motorcycles; amending Chapter 70,
"Traffic Regulations", "General Provisions", by amending Section 70.02, "Truck and
Trailer Prohibition On Certain Portions Of Atlantic Avenue", in order to prohibit
motorrycles on certain portions of Atlantic Avenue; amending Chapter 99, "Noise
Control", by amending Section 99.02, "Definitions", to provide updated definitions; by
amending Section 99.04, "Loud and Unnecessary Noises Enumerated; Exceptions", to
change the name to "Loud and Raucous Noises Enumerated; Exemptions", by
amending Subsection (A), "Certain Acts Declared Unlawful", and (1)(a) and (14),
"Motor Vehicles Operating On A Public Right-Of-Way", to add "Motorcycles",
"Mufflers", and "Rapid Throttle Advance", in order to provide a cap for all motorcycle
exhaust noise and require EPA noise labels. If passed, a second public hearing will be
scheduled for November 6, 2007. (First motion to approve Option 1; Approved, 4-0.
Second motion to approve Option 2; DENIED, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Ciry Manager
B. Ciry Attorney
C. City Commission
POSTED: OCTOBER 12, 2007
****** Meeting adjourned at 9.52 p.m. ******
10-1G-2007
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