07-05-05 Agenda Results-Regular
City of Delray Beach
Regular Commission Meeting
*** AGENDA RESUL TS***
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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, July 5,2005 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. A. Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is en titled 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: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
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
De1ray 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 Randolph at 243-
Fax: (561) 243-3774 7127, 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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted the addition of Item 6.B, Rotary's Rota-Read-A-Thon, to
the Agenda by addendum; Commissioner Levinson requested Item, 8.P.1, Purchase Award/Motorola,
be moved to the Regular Agenda as Item 9.A.1; Item 12.B, Ordinance No. 36-05, was pulled from the
agenda due to a request from the applicant; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. June 21, 2005 - Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing Bahamian Independence Day
B. Rotary's Rota-Read-A-Thon
7. PRESENTATIONS:
A. Government Finance Officers Association - Distinguished Budget Presentation Award
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL BOUNDARY PLAT APPROVAL/CORAL TRACE OFFICE PARK
PLAT: Approve the boundary plat for Coral Trace Office Park, located on the
northwest comer of Atlantic Avenue and Coral Trace Park Boulevard.
B. RESOLUTION NO. 43-05/ ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 43-05 abandoning of the north 143.5 feet of the west 16 feet
of the alley right-of-way of Block 73, located at the southeast comer of N.E. 4th Street
and N.E. 1st Avenue, within the Pineapple Grove Shops.
C. RESOLUTION NO. 44-05/TERMINA TION OF AGREEMENT /
ACCEPTANCE OF RIGHT-OF-WAY DEED: Approve Resolution No. 44-05
terminating the agreement dated June 12, 1961 and accept and approve the right-of-way
deed associated with the Pineapple Grove Plaza (Old Publix Site on N.E. 2nd Avenue).
D. RESOLUTION NO. 45-05/ ABANDONMENT OF RIGHT-OF-WAY:
Approve Resolution No. 45-05 abandoning a portion of Avenue "K" lying west of the
west right-of-way line for South Federal Highway.
E. ACCEPTANCE OF EASEMENT DEED /STERLING BANK: Approve and
accept an easement deed associated with Sterling Bank, located at the southwest comer
of S.E. 6th Avenue (Northbound Federal Highway) and S.E. 9th Street.
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F. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
(FRDAP) GRANT /MIKE MACHEK BOY SCOUT PARK: Authorization to
apply for a grant from the Florida Recreation Development Assistance Program
(FRDAP) in the amount of $200,000.00 for the Mike Machek Boy Scout Park.
G. AMENDMENT NO. 1!LEASE AGREEMENT/LAKE IDA PARK: Approve
Amendment No.1 to the lease agreement between the City and Palm Beach County to
extend our current lease from 25 years to 30 years to be eligible for a Florida Recreation
Development Assistance Program (FRDAP) grant in the amount of $200,000.00 for
renovations of Lake Ida Park (11 th Street).
H. CHANGE ORDER NO. 1!FINAL PAYMENT /ENCO, LLC: Approve Change
Order No.1 in the amount of a $4,386.21 decrease, and final payment in the amount of
$19,905.49 to ENCO, LLC for the Lifeguard Towers Phase II Project. Funding is
available from 334-6112-572-62.14 (General Construction Fund/Lifeguard Towers).
1. CHANGE ORDER NO. 1!FINAL PAYMENT /EXETER ARCHITECTURAL
PRODUCTS: Approve Change Order No.1 in the amount of a $5,425.15 decrease,
and final payment in the amount of $3,839.06 to Exeter Architectural Products for the
Police Hurricane Shutters Project. Funding is available from 334-6111-521-62.10
(General Construction Fund/Buildings).
J. CONTRACT ADDITION /RANDOLPH & DEWDNEY CONSTRUCTION,
INC./FIRE APPARATUS MAINTENANCE BUILDING/POMPEY PARK
GYMNASIUM: Approve a Contract Addition to Randolph and Dewdney
Construction, Inc. on the Fire Apparatus Maintenance Building Project in the amount
of $217,208.30 for the emergency re-roofing of the Pompey Park gymnasium. Funding
is available from 334-4172-572-46.10 (General Construction Fund/Building
Maintenance).
K. SERVICE AUTHORIZATION NO. 1!KEITH AND SCHNARS, P.A.:
Approve Service Authorization No. 1 to Keith and Schnars, P.A. in the amount of
$166,500.00 for design of infrastructure improvements for the Osceola Park
Neighborhood Improvements Project. Funding is available from 334-3162-541-65.85
(General Construction Fund/Osceola Park) and 442-5178-536-65.85 (Water/Sewer
Renewal & Replacement Fund/Osceola Park).
L. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2005-2:
Formally initiate Comprehensive Plan Amendment 2005-2 pursuant to Section 9.2.1 of
the Land Development Regulations.
M. UNITED STATES FIRE ADMINISTRATION /STAFFING FOR
ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT:
Authorization to apply to the United States Fire Administration for a Staffing for
Adequate Fire and Emergency Response (SAFER) Grant in the amount of $400,000.00
with a City match of $922,709.00 to provide three (3) additional personnel for the Fire-
Rescue Department for a five (5) year period.
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N. CONSENT TO ASSIGNMENT /DEERFIELD LINEN SERVICE: Approve
Consent to Assignment of agreement from Deerfield Linen Service to Bayview Linen
Company; Deerfield Linen Service was purchased by Bayview Linen.
O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
June 20, 2005 through July 1, 2005.
P. AWARD OF BIDS AND CONTRACTS:
1. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
2. Purchase awards to Duval Ford North in the amount of $120,954.00, Classic
Chevrolet in the amount of $12,248.00, and Wesco Turf Supply in the amount
of $33,128.00 for a total award of $166,330.00 via the Florida Sheriffs'
Association Contract #04-12-0823 and the State of Florida Contract #515-630-
03-1 for the replacement of eight (8) City vehicles. Funding is available from
501-3312-591-64.20 (Central Garage Fund/Automotive).
3. Purchase award to National Waterworks in the amount of $21,337.56 for water
main pipe materials for the N.E. 5th Street and N.E. 6th Street/Palm Trail Water
Main Improvements Project; and approve rescinding P.O. #623499 to
Ferguson, Inc. in the amount of $16,316.45 which was previously issued for the
same material purchase. Funding is available from 442-5178-536-63.50
(Water/Sewer Renewal & Replacement Fund/Water Main Rehabilitation).
4. Purchase award to Data Flow Systems in the amount of $35,845.00 for
replacement radio telemetry components to restock inventory depleted as a
result of last year's hurricanes. Funding is available from 442-5178-536-64.90
(Water/Sewer Renewal & Replacement Fund/Other Machinery/Equipment).
5. Purchase award to Bennett Fire Products in the amount of $21,762.40 via the
Lake County Contract #02-010A for the purchase of sixteen (16) sets of
replacement fire fighting personal protective clothing. Funding is available from
001-2311-522-52.22, 001-2313-522-52.22, 001-2315-526-52.22, and 001-2317-
522-52.22 (General Fund/Uniforms/Linen).
6. Purchase award to GameTime in the amount of $37,914.30 via Florida State
Contract #650-001-04-1 for playground equipment for the Catherine Strong
Park. Funding is available from 338-4150-572-62.59 (2004 G.O. Bond/
Building/ Catherine Strong Center).
7. Bid award to Bermuda Landscape Services D /B / A Southeastern Irrigation in
the amount of $140,582.50 for irrigation, landscaping, and one (1) year
maintenance contract for the Rain berry Woods Strategic Task Team
Neighborhood Improvement Plan. Funding is available from 334-6130-541-
43.25 (General Construction Fund/Neighborhood Enhancements/Sprinkler
Systems).
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8. Purchase award to Contemporary Controls & Communications, Inc. in the
amount of $75,419.22 for the purchase of seven (7) Scorpio Radio Remote
Irrigation Units and four (4) Irrinet Hub Field Units for various locations
throughout the City. Funding is available from 119-4151-572-64.90
(Beautification Trust Fund/ Other Machinery/Equipment).
9. REGULAR AGENDA:
A.l. Purchase award to Motorola in the amount of $58,000.00 for the purchase of an
additional forty (40) mobile and forty (40) in-house Mobile Digital Terminal (MDT)
software clients for the Police Department. Funding is available from 001-2113-521-
66.10 (General Fund/Software). (Approved, 4-0; Commissioner Levinson filed conflict of
interest and left dais)
A. REQUEST TO ADVANCE COUNTY FUNDING/ROOTS CULTURAL
FESTIVAL, INC.: Consider approval of a request to advance funding in the amount
of $12,500, which will be reimbursed to the City through Palm Beach County grants, to
the Roots Cultural Festival, Inc. for their event to be held August 12-14, 2005. Funding
is available from 001-6111-519-99.03 (Manager's Contingency Fund). (Approved, 5-0;
Commissioner Levinson returned to dais)
B. CONDITIONAL USE REQUEST /BANK UNITED OF DOWNTOWN
DELRAY: Consider a request to allow the establishment of a financial institution,
Bank United of Downtown Delray, within the Central Business District (CBD), located
at the northwest comer of East Atlantic Avenue and N.E. 4th Avenue. (Quasi-Judicial
Hearing) (Motion to approve Conditional Use as amended, subject to conditions; Approved,
3-2; Commissioner Levinson and Commissioner McCarthy dissenting)
C. CONDITIONAL USE REQUESTS/QUICK LANE TIRE SERVICE
CENTER/FULL SERVICE AUTO REPAIR: Consider a request to allow the
establishment of a Quick Lane Tire Service Center; and the establishment of an auto
repair facility in conjunction with a used car dealership within the AC (Automotive
Commercial District), located on a 3.04 acre site at 2225 and 2255 South Federal
Highway, approximately 300 feet south of Tropic Boulevard. (Quasi-Judicial
Hearing) (Approved, 5-0)
D. REQUEST FOR IN-LIEU PARKING SPACE/MAKO TECHNOLOGIES:
Consider a request from Mako Technologies for the granting of one (1) in-lieu parking
space. Mako Technologies is located at 145 North Swinton Avenue. (Quasi-Judicial
Hearing) (Approved, 5-0)
E. REQUEST FOR IN-LIEU PARKING SPACES/HISTORIC RESIDENCES:
Consider a request from Historic Residences for the purchase of two (2) in-lieu parking
spaces in the amount of $12,000.00, to be paid over a three (3) year period via an In-
Lieu of Parking Fee Agreement. Historic Residences is located at 114 N.E. 1st Avenue.
(Quasi-Judicial Hearing) (Approved, 5-0)
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F. PROPOSAL/ ALEKSANDER GROUP, INC. (AGI): Consider a proposal from
the Aleksander Group, Inc. (AGI) for continued Legislative Representation to assist the
City with State grants. (Approved, 5-0)
G. BOCA RATON AIRPORT AUTHORITY /SOUND INITIATIVE: Consider a
request from the Boca Raton Airport Authority to join the Sound Initiative in support
of reducing airplane noise. (Motion to approve joining the Airport Authority Coalition
Sound Initiative and providing a $1,000.00 membership contribution; Approved, 4-1;
Commissioner Ellis dissenting)
H. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT
AGENCY (CRA): Consider approval of an Interlocal Agreement between the City
and the Community Redevelopment Agency (CRA) in the amount of $300,000.00 for
funding for the Clean and Safe Program for FY 04/05. (Approved, 4-0; Mayor Perlman
filed Conflict ofInterest, left dais, and passed the gavel to Vice-Mayor Levinson)
1. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint two (2) regular members to the Community Redevelopment Agency (CRA) for
four (4) year terms ending July 1, 2009. Based upon the rotation system, the
appointments will be made by Commissioner Levinson (Seat #3) and Commissioner
McCarthy (Seat #4). (Appointed Peter Arts and approved, 4-0; appointed Franklin Wheat
and approved, 4-0; Mayor Perlman ftied Conflict of Interest)
J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular
members and one (1) student member to the Education Board for two (2) year terms
ending July 31, 2007 and appoint one (1) student member for a one (1) year term ending
July 31, 2006. Based upon the rotation system, the appointments will be made by
Mayor Perlman (Seat #5), Commissioner Ellis (Seat #1), Commissioner Archer (Seat
#2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor
Perlman (Seat #5), Commissioner Ellis (Seat #1), and Commissioner Archer (Seat #2).
(Appointed Bradley Bradford and approved, 5-0; appointed Paul Seal and approved, 5-0;
appointed Logan Perel and approved, 5-0; appointed Susan Sikich and approved, 5-0;
appointed Adam Sorrin and approved, 5-0; and appointed John Jackson and approved, 5-0;
Mayor Perlman and Commissioner Archer deferred their second appointments until July 19,
2005; Mayor Perlman returned to dais)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 46-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR), 4.4.21 (B),
"Principal Uses and Structures Allowed", to add Clubs and Lodges which do not serve
alcohol as a Permitted Use within the Community Facilities (CF) Zoning District. If
passed, a second public hearing will be scheduled for July 19, 2005. (Approved, 5-0)
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B. ORDINANCE NO. 47-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR), 4.6.9(B)(4), "Off-
Street Parking Regulations; Applicability", to provide a credit for parking under certain
circumstances where a governmental entity acquires property for public parking or
parks. If passed, a second public hearing will be scheduled for July 19, 2005.
(Approved, 5-0)
C. ORDINANCE NO. 48-05 (FIRST READING/FIRST PUBLIC HEARING):
City initiated amendment to Land Development Regulations (LDR), 4.3.3(D),
"Residential and Non-Residential Licensed Service Provider Facilities", and Appendix
"A", "Definitions", regarding Prevention Education Service Providers. If passed, a
second public hearing will be scheduled for July 19, 2005. (Approved, 5-0)
D. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LAND
CONVEYANCE: Consider approval and adoption of the Florida Department of
Transportation (FDOT) Resolution No. 483-98 for the conveyance of land from the
FDOT to the City to be used as pocket parks, generally located along the I-95 sound
wall in the Southwest Neighborhood area between S.W. 1st Street and S.W. 3rd Street.
(Approved, 5-0)
E. ORDINANCE NO. 45-05: An ordinance amending Chapter 113, "Alcoholic
Beverages", of the Code of Ordinances, by enacting Section 113.21, "Patron Age
Restriction" to prohibit individuals under the age of twenty-one (21) from entering
alcoholic beverage establishments. (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. 50-05: An ordinance designating the Sewell C. Biggs House,
located at 212 Seabreeze Avenue, to the Local Register of Historic Places. If passed, a
public hearing will be scheduled for July 19, 2005. (Approved, 5-0)
B. ORDINANCE NO. 36-05: Rezoning from PRD (planned Residential Development)
to SAD (Special Activities District) for a 0.17 acre parcel of land, located on the north
side of the C-15 Canal, approximately 820 feet east of Federal Highway. If passed, a
public hearing will be scheduled for July 19, 2005. (PULLED due to a request from the
applicant)
C. ORDINANCE NO. 51-05: City initiated amendment to Land Development
Regulations (LDR), Article 6.3, "Use and Work in the Public Right-of-Way", relating to
Sidewalk Cafes. If passed, a public hearing will be scheduled for July 19, 2005.
(Approved, 5-0)
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D. ORDINANCE NO. 49-05: City initiated amendment to Land Development
Regulations (LDR), Section 2.4.3(K) (1), "Development Applications", to provide for an
increase in the Development Application Fees. If passed, a public hearing will be
scheduled for July 19, 2005. (Approved, 5-0)
E. ORDINANCE NO. 44-05: City initiated small scale Future Land Use Map (FLUM)
Amendment from LD (Low Density Residential 0-5 du/ ac) to OS (Open Space) and
rezoning from R-l-AAA-B (Single Family Residential) to OSR (Open Space and
Recreation) for Cornell Park, a 3.4 acre parcel of land, located at the northeast comer of
N.W. 9th Street and N.W. 4th Avenue. If passed, a public hearing will be scheduled for
July 19, 2005. (Approved, 5-0)
F. ORDINANCE NO. 52-05: An ordinance amending Chapter 35, "Employee Policies
and Benefits", subheading "Retirement Plan", Section 35.097, "Retirement Income;
Basis, Amount, and Payment", of the City Code of Ordinances to adopt changes to a
previously enacted ordinance that mistakenly lettered the optional enhanced multiplier
as 35.097(C) instead of 35.097(N). If passed, a public hearing will be scheduled for July
19,2005. (Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JULY 1, 2005
****** Meeting adjourned at 9:15p.m. ******
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