06-04-07 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
Monday, Tune 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. 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.
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 u7 the Commission
Chambers.
ROLL CALL. (Commissioner Montague absent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Item 8.I, Subdivision Improvement Agreement/Cannery
Row, LLC, was moved to Item 9.A.A. under the Regular Agenda and Item 8.V.1, Bid Award/Conco
Horticultural, Inc. was moved to Item 9.A.A.A. under the Regular Agenda; Approved as amended,4-0)
5. APPROVAL OF MINUTES:
May 15, 2007 -Regular Meeting (Approved, 4-0)
6. PROCLAMATIONS:
A. National Clean Beaches Week -June 29 -July 5, 2007
B. Parks and Recreation Month -July 2007
C. Recognizing and Commending Ed Noon, Mike Gaylord, Conor Gorman, Luigi
Pratt and Scott Moore -Ocean Rescue Division
D. National HIV Testing Day -June 27, 2007
7. PRESENTATIONS:
A. NONE
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 4-0)
A. FINAL BOUNDARY PLAT APPROVAL/MORSE DELRAY TOYOTA RE-
PLAT: Approve the final boundary plat for the Morse Delray Toyota Re-Plat, located
between US 1 and Old Dixie Highway, just north and south of LaMat Avenue.
B. ACCEPTANCE OF EASEMENT DEED/4999 WEST ATLANTIC AVENUE:
Approve and accept an easement deed for the installation of a fire hydrant to serve the
proposed new Walgreens located at the northeast corner of West Atlantic Avenue and
Military Trail (Store #5489).
C. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/334 N.E. 3rd AVENUE:
Approve and accept aright-of-way deed between the City and Kilbourne & Zeitz, Inc.,
for the property located at 334 N.E. 3rd Avenue.
D. HOLD HARMLESS AGREEMENT/855 SOUTH OCEAN BOULEVARD:
Approve and accept a hold harmless agreement between the City and Mark Timothy,
Inc. to allow the property owner to connect to the utilities on the Florida Department
of Transportation (FDOT) right-of--way, located at 855 South Ocean Boulevard.
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E. HOLD HARMLESS AGREEMENT/SEAGATE HOTEL: Approve and accept a
hold harmless agreement between the City and HHC Atlantic, LLC associated with the
Seagate Hotel project for the installation and maintenance of the wall mounted light
fixtures that extend within the Atlantic Avenue right-of-way, located on the south side
of East Atlantic Avenue, between Venetian Drive and Gleason Street.
F. CONTRACT ADDITION (C.O. NO. 41/CHAZ EQUIPMENT COMPANY,
INC.: Approve a Contract Addition (C.O. No. 4) in the amount of $410,227.80 to
Chaz Equipment Company, Inc. for the additional work required for the S.E./N.E. 1S`
Street One Way Pair Project. Funding is available from 448-5461-538-65.88 (Storm
Water Utility Fund/Other Improvements/S.E./N.E. 1S` Street One Way Pair) and 334-
3162-541-65.88 (General Construction Fund/Capital Outlay/S.E./N.E. 1S` Street One
Way Pair).
G. SERVICE AUTHORIZATION NO. 9/KIMLEY-HORN AND ASSOCIATES,
INC.: Approve Service Authorization No. 9 in the amount of $22,500.00 to Kimley-
Horn and Associates, Inc. for the design process of the temporary modifications to US
1 between S.E. 10`'' Street and George Bush Boulevard. Funding is available from 334-
4141-572-65.99 (General Construction Fund/S.E./N.E. 5`'' and 6`'' Avenues) after
transfer from the Community Redevelopment Agency (CRA).
H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve and
authorize an interlocal agreement between the City and Palm Beach County for the
transfer of Barwick Road jurisdictional responsibility from Palm Beach County
including the payment of $134,000.00 to the City for resurfacing and the installation of a
traffic separator at the intersection of Barwick Road and West Atlantic Avenue.
I. (MOVED TO ITEM 9.A.A. ON THE REGULAR AGENDAI.
J. EARLY HISTORY OF DELRAY BEACH/ZION STUDY CIRCLE: Approve
and authorize the adoption of the Early History of Delray Beach and its use and
dissemination; and approve the use of the City of Delray Beach Logo on the Early
History Timeline.
K. SPECIAL EVENT REQUEST/ART & JAZZ: Approve a request to endorse the
Art & Jazz on the Avenue scheduled for June 28, 2007 from 6:00 p.m. to 10:00 p.m.; to
grant 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`'' Avenue, Railroad Drive
from Atlantic Avenue north to the north side of the east/west alley and to the alleys
north and south of Atlantic on N.E./S.E. 1S` Avenue, N.E./S.E. 2"d Avenue, S.E. 3ra
Avenue, N.E./S.E. 4`'' Avenue, and the Tennis Center parking lot; and authorize staff
support for security and traffic control, EMS assistance, banner hanging and removal,
barricade set up and removal, trash removal and clean up.
L. SPECIAL EVENT REQUEST/PRO-MOTIONS SPORTS MARKETING
VOLLEYBALL TOURNAMENT: Approve a request from Pro-Motions Sports
Marketing to host a Volleyball Tournament to be held at the municipal beach on June
23 and 24, 2007.
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M. AGREEMENT/PALM BEACH COUNTY/NEIGHBORHOOD RESOURCE
CENTER (NRCI SHUTTERING PROJECT: Approve an agreement between the
City and Palm Beach County regarding the implementation of the Neighborhood
Resource Center (NRC) Shuttering Project through the Disaster Recovery Initiative
(DRI) Program.
N. AGREEMENT/PALM BEACH COUNTY/EXTENSION OF MANGO
DRIVE AND S.W. 7t'' AVENUE: Approve an agreement between the City and Palm
Beach County regarding the implementation of the extension of Mango Drive and S.W.
7`'' Avenue through the Disaster Recovery Initiative (DRI) Program.
O. AGREEMENT/CORDOBA CONSTRUCTION/AMERICAN LEGION
HALL: Approve an agreement between the City, Cordoba Construction and the
American Legion Hall for the re-roofing project at 196 N.W. 8`'' Avenue. The City shall
pay Cordoba Construction $16,900.00 for the re-roofing project. Funding is available
from 118-1963-554-49.19 (Community Development Fund~Housing Rehabilitation).
P. ROADWAY TRANSFER AGREEMENT/FLORIDA DEPARTMENT OF
TRANSPORTATION: Approve an agreement between the City and the Florida
Department of Transportation (FDOT) that provides for FDOT to transfer Depot
Road from N.W. 2"d Avenue to Lake Ida to the City; and that the City shall accept the
responsibility for the operation and maintenance of the road.
Q. RECONFIGURATION PLANNING PHASE AGREEMENT/MOTOROLA:
Approve an agreement between the City and Motorola that Motorola shall start the
reconfiguration planning phase of relocating the City's public safety communications
system from its existing channels, in the 800 MHz range, to other licensed channels not
located in the 800 MHz range.
R. RECONFIGURATION PLANNING PHASE AGREEMENT/NEXTEL:
Approve an agreement between the City and Nextel that Nextel shall fund the
reconfiguration planning phase of relocating the City's public safety communications
system from its existing channels, in the 800 MHz range, to other licensed channels not
located in the 800 MHz range.
DISTRIBUTION OF FY 2008 TUSTICE ASSISTANCE GRANT FUND:
Approve the distribution of FY 2008 Justice Assistance Grant funds (JAG) formerly
known as Byrne funds in the amount of $564,568.00 as recommended by the Criminal
Justice Commission; and authorize the Mayor to send a letter agreeing to the allocation
of these funds.
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T. MULTIPLE AGREEMENTS/BLOCK 77 DEVELOPMENT GROUP,
L.C./TRANSFER OF THE BLOCK 69 PARKING GARAGE: Approve the
following agreements related to the transfer of the Block 69 Parking Garage to the City
from the Block 77 Development Group, L.C.: Limited Parking License Agreement,
Indemnification and Hold Harmless Agreement, Assignment and Assumption of
Parking Space Lease, Agreement Between Adjoining Landowners, Memorandum of
Understanding, Third Amendment to Parking Space Lease, Memorandum of Lease,
Second Amendment to Release of Parking Easement, Guaranty Agreement, Sump
Pump Installation Warranty Agreement and Mutual Estoppel Certificate.
U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 14, 2007 through June 1, 2007.
V. AWARD OF BIDS AND CONTRACTS:
1. (MOVED TO ITEM 9.A.A.A. ON THE REGULAR AGENDA
2. Purchase award to Dell Incorporated in the amount of $448,086.02 per State
Contract No. 250-000-03-01 for the purchase of the SAN Mirroring with
VMware Virtualization Solution. Funding is available from 334-6111-521-64.11
(General Construction Fund/Computer Equipment).
3. Purchase award to Emergency Vehicle Supply LLC in the amount of $79,483.20
for the purchase of equipment for ten (10) police vehicles added to the fleet
earlier this year. Funding is available from 001-2117-521-64.20, 001-2119-521-
64.20 (General Fund/Automotive) and 001-2219-521-521-46.31, 001-2121-521-
46.31 (General Fund/Vehicle Maintenance/Other).
4. Purchase award to Fisher Scientific Company of Tampa in the amount of
$49,123.20 for the purchase of 119 Fire Fighter Rescue Escape Devices
(FFRED) to be mounted on our existing self contained breathing apparatus for
the Fire-Rescue Department. Funding is available from 115-2311-522-49.90
(Special Projects Fund/Other Current Charges).
9. REGULAR AGENDA:
A.A. SUBDIVISION IMPROVEMENT AGREEMENT/CANNERY ROW, LLC:
Approve and authorize a Subdivision Improvement Agreement between the City and
Cannery Row, LLC for improvements to the intersection of N.E. 1S` Avenue and N.E.
3Td Street. Cannery Row, LLC shall pay the City in the amount of $5,625.00 for the
improvements to the intersection. (Commissioner Eliopoulos filed a Conflict of Interest and
left dais; Approved, 3-0)
A.A.A. BID AWARD/CONGO HORTICULTURAL, INC.: Consider a bid award to
Conco Horticultural, Inc., in the amount of $50,050.00 for the removal of seven (7)
Royal Palm Tree Stumps and the purchase of eight (8) 30' Royal Palms for Old School
Square and along Seabreeze Avenue. Funding is available from 119-4144-572-46.40
(Beautification Trust Fund/Parks and Recreation) (Approved, 4-0)
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A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/706
SOUTHEAST 2ND STREET: Appeal of the Historic Preservation Board's decision
approving a Certificate of Appropriateness (COA) for construction of a new single-
family residence at 706 Southeast 2"d Street, located in the Marina Historic District.
(Quasi Judicial Hearing) (Motion to adopt Board Order as presented; Approved, 3-1,
Mayor Ellis dissenting.)
B. WAIVER REQUEST/LAST RESORT SALOON: Consider a request for waiver
of Land Development Regulations (LDR) Section 2.4.7(B)(1)(b)(i) "Special Power to
the City Commission", and Section 4.3.3(~(2)(a) "Prohibitions by Frequency", to waive
the prohibition against seeking a waiver for use of land or structures regulations and to
allow a reduction in the required separation distance from 750 feet to 200 feet when
measured from lot line to lot line for the Last Resort Saloon, Inc., a proposed stand
alone bar to be located within the Pelican Harbor Shoppes. (Quasi Judicial Hearing)
(Motion to approve Board Order as presented; Approved, 4-0)
C. WAIVER REQUEST/HAMMOCK HOUSE: Consider a request for waiver of
Land Development Regulations (LDR) Section 1.3.8(B) "Reconstruction Necessitated
by Acts of God", which requires applicants seeking building permits to submit within
one (1) year of the date on which the "Act of God" event occurred and that all
reconstruction be completed within three (3) years from the date of the event for the
Hammock House located at 1000 N.E. 9`'' Avenue. (Quasi Judicial Hearing) (Motion
to adopt Board Order as presented with conditions to submit building permit within one (1)
year from the date of June 4, 2007 and work to be completed within three years from the date
of June 4, 2007. Approved 4-0.)
D. RESOLUTION NO. 35-07/S.W. 8t'' AVENUE: Approve Resolution No. 35-07
declaring the necessity for public improvements for the S.W. 8`'' Avenue area and
directing the establishment of a special assessment district to defray a part of the
expense for the construction of a road. (Approved, 4-0)
E. SPECIAL EVENT REOUEST/PALM BEACH FIESTAS PATRONALES
AND BUSINESS EXPO: Consider approval of a special event request to endorse the
2"d Palm Beach Fiestas Patronales and Business Expo sponsored by the Puerto
Rican/Hispanic Chamber of Commerce for Palm Beach proposed to be held on August
3, 2007 and August 4, 2007 subject to the conditions outlined in the staff report.
(Consensus of the Commission to omit recommendation No.5. Motion to approve; Approved,
4-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 21-07 (FIRST READING/FIRST PUBLIC HEARING
Community Redevelopment Agency (CRA) initiated amendment to the Land
Development Regulations (LDR), amending Section 4.4.13, "Central Business District
(CBD)," Subsection 4.4.13(H)(1), to provide an exemption to the prohibition of office
uses on the ground floor of buildings on East Atlantic Avenue. If passed, a second
public hearing will be scheduled for June 19, 2007. (Approved, 4-0)
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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. 20-07: City initiated amendment to the Land Development
Regulations (LDR), amending Section 4.4.25, "Special Activities District (SAD)",
Subsection 4.4.25(C) to shift the authority for approval of site plans, landscape plans,
and architectural elevations from the Planning and Zoning Board to the Site Plan
Review and Appearance Board for projects located in the Special Activities District
(SAD). If passed, a public hearing will be scheduled for June 19, 2007. (Approved, 4-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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