02-03-15 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS ***
Tuesday, February 3, 2015
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: City Commission meetings are business meetings 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,
presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated.
Public comment shall be allowed as follows:
A. Comments and Inquiries on Non - Agenda and Agenda Items (excluding public hearing or quasi - judicial
hearing 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.
B. Public Hearings /Quasi - Judicial Hearings: Any citizen is entitled to speak on items under these sections at
the time these items are heard by the Commission.
C. Citizens that request to do a presentation that is on a portable flash drive device or a CD/ DVD, must
provide their media to the City Clerk no later than 12:00 p.m. one day prior to the meeting where they wish
to present.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission
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. 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.
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, program, or activity conducted by
the City. Contact the City Manager at 243 -7010, 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.
100 NW 1st Avenue • Delray Beach, Florida 33444
Phone: (561) 243 -7000 • Fax: (561) 243 -3774
www.mvdelraybeach.com
ROLL CALL. (Commissioner Jarjura arrived at 6:14 p.m.)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. APPROVAL OF MINUTES:
A. None
5. PRESENTATIONS:
A. None
6. COMMENTS AND INQUIRIES ON AGENDA AND NON - AGENDA ITEMS
FROM THE PUBLIC IMMEDIATELY FOLLOWING PRESENTATIONS:
A. City Manager's response to prior public comments and inquiries
B. From the Public
7. AGENDA APPROVAL. (Mayor Glickstein noted that Item 8.E., Resolution No. 10 -15 /Request to
Use Trolley for Plumosa School of the Arts Foundation Event, was moved to the Regular Agenda as
Item 9.A.A. Approved as amended, 5 -0)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5 -0)
A. ACCEPTANCE OF A SIDEWALK EASEMENT DEED /THE DEL: Approve
acceptance of a 5' sidewalk easement deed along N.E. 3rd Avenue for property
associated with The Del located at 381 N.E. 3rd Avenue.
B. LANDSCAPE MAINTENANCE AGREEMENT AND HOLD HARMLESS
AGREEMENT /THE DEL: Approve a landscape maintenance and hold harmless
agreement associated with The Del project located at 381 NE 3rd Avenue to allow the
installation of landscaping within the NE 3rd Avenue and Artists Alley rights -of -way.
C. SERVICE AUTHORIZATION No. 12 -05 /WANTMAN GROUP FOR LAKE
WORTH DRAINAGE DISTRICT (LWDD) L -33: Approve Service Authorization
with the Wantman Group, Inc. in the amount of $11,755.00 for professional services
related to the Lake Worth Drainage District (LWDD) L -33 Culvert Assessment Report.
This recommendation for approval is in compliance with the Code of Ordinances,
Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding Twenty -
Five Thousand Dollars ($25,000.00) ". Funding is available from 448 - 5461 - 538 -46.47
(Storm Water Utility Fund: Repair & Maintenance Service /LWDD L -33 Culvert).
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D. AMENDMENT TO SERVICE AUTHORIZATION NO. 12- 13.1 /MATHEWS
CONSULTING, INC. /LAKE IDA DRAINAGE IMPROVEMENTS: Consider
approval of an Amendment to Service Authorization No. 12 -13.1 with Mathews
Consulting, Inc. in the amount of $14,911.00 for professional design services (RFQ No.
2012 -06) related to water main improvements in conjunction with the Lake Ida
Drainage Improvements Project (Project No. 13 -072). This Service Authorization
includes design, permitting and bidding services. This recommendation for award is in
compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(3),
"Professional Services" and Section 36.03(B), "Multiple Acquisistions from a Vendor
Exceeding $25,000 ". Funding is available from 442 - 5178 - 536 -65.98 (Water & Sewer
Renewal & Replacement Fund: Other Improvements /Lake Ida Area).
E. (MOVED TO REGULAR AGENDA AS ITEM 9.A.A.)
F. K -9 SALE AND HOLD HARMLESS AGREEMENT: Approve a K -9 Sale and
Hold Harmless Agreement regarding the sale of Police canine "Max" to Officer Adam
Margolis.
G. PROCLAMATIONS:
1. Recognizing Delray Art League 50`h Anniversary
Celebration Week February 26 — March 1, 2015.
2. Recognizing 2 -1 -1 Awareness Week — February 11 - 17, 2015.
H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 12, 2015 through January 23, 2015.
I. AWARD OF BIDS AND CONTRACTS:
1. Bid award to AKA Services, Inc. (Bid No. 2015 -25) in the amount of
$847,985.00 for construction of the Delray Shores Water Main Project Phase II
(P /N 2014 -030). This recommendation for award is in compliance with the
Code of Ordinances, Chapter 36, Section 36.02(A) (1), "Sealed Competitive
Method ". Funding is available from 442 - 5178 - 536 -68.93 (Water & Sewer
Renewal & Replacement Fund: Improvements Other /Delray Shores WM).
2. Bid award to AKA Services, Inc. (Bid No. 2015 -24) in the amount of
$826,095.00 for construction of the Tropic Palms Water Main Phase I (P /N
2014 -061). This recommendation for award is in compliance with the Code of
Ordinances, Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method ".
Funding is available from 442 - 5178 - 536 -68.97 (Water & Sewer Renewal &
Replacement Fund: Improvements Other /Tropic Palms WA/1).
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3. Bid award to Corporate Coaches, Inc. (Bid No. 2015 -10) in the amount of
$45,210.48 for bus rental and driver service for the Parks and Recreation
Department for special events, summer camp, after school, youth football, etc.
This recommendation for award is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(A), "Sealed Competitive Method ". Funding is
available from multiple accounts.
9. REGULAR AGENDA:
A.A. RESOLUTION NO. 10 -15 REQUEST TO USE TROLLEY FOR PLUMOSA
SCHOOL OF THE ARTS FOUNDATION EVENT: Consideration to approve
Resolution No. 10 -15 for the in -kind donation of a Downtown Roundabout Trolley for
Plumosa School of Arts Foundation Event on February 20, 2015. (Motion to approve;
Approved, 5 -0)
A. IN -LIEU OF PARKING FEE AGREEMENT /SONOMA GRILL: Consider
approval of a request from Sonoma Grill for the purchase of nine (9) in -lieu parking
spaces located at 640 East Atlantic Avenue at a cost of $23,660.00 each totaling
$212,940.00 to be paid through a Parking Fee Agreement requiring 50% payment upon
ratification of the agreement and two 25% payments on the second year and third year
anniversary date of the agreement. (Quasi-judicial Hearing) (Motion to adopt board
order as presented; Approved, 5 -0)
B. BID AWARD /TANNER INDUSTRIES, INC.: Consider approval of a bid award
to Tanner Industries, Inc. (Bid No. 2015 -09) the second lowest bidder, at an annual
estimated cost not to exceed $58,000.00 for the purchase of Anhydrous Ammonia for
use in the water treatment process. This is in compliance with the Code of Ordinances,
Chapter 36, Section 36.02(A)(1), "Sealed Competitive Method ". Funding is available
from 441 - 5122 - 536 - 52.21, (Water & Sewer Fund: Operating Supplies /Chemicals).
(Motion to approve; Approved, 5 -0)
C. RESOLUTION NO. 09 -15 /BEST INTEREST RESOLUTION - PRIVATE
SECURITY / TENNIS TOURNAMENT: Motion to approve Resolution No. 09 -15
for private security during the ATP Champions Tour /Delray Beach Open by the
Venetian Las Vegas which will be held from February 13, 2015 through February 22,
2015. Funding is available from 001- 4210- 575 -55.40 (General Fund /Recreational
Supplies /Tennis Tournament). (Motion to approve; Approved, 5 -0)
D. NOMINATION FOR APPOINTMENT TO THE BOCA RATON AIRPORT
AVIATION ADVISORY COMMITTEE: Nomination for appointment of one (1)
regular member to the Boca Raton Airport Aviation Advisory Committee to serve an
unexpired term ending May 31, 2016. Based on the rotation system, the nomination for
appointment will be made by Mayor Glickstein (Seat #5). (Appointed Ezekiel Kaufman
and approved, 5 -0)
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E. NOMINATION FOR STUDENT APPOINTMENT TO THE EDUCATION
BOARD: Nomination for appointment of one (1) student member to the Education
Board to serve an unexpired term ending July 31, 2016. Based on the rotation system,
the nomination for appointment will be made by Mayor Glickstein (Seat #5). (Appointed
Sean Kelleher and approved, 5 -0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 02 -15 (FIRST READING /FIRST PUBLIC HEARING)-
Consider city- initiated Amendment to the Land Development Regulations (LDR) of the
City of Delray Beach; Repealing and Replacing Section 4.4.13, "Central Business
District (CBD) ", with new zoning regulations and reducing the allowable building
height on Atlantic Avenue between Swinton Avenue and the Intracoastal Waterway. If
passed, a second public hearing will be held on February 24, 2015. (Motion to approve
with modifications to lower requirements for properties that are near transportation resources
and parking garages; and larger properties that are within walking distance of a public parking
garage; Approved, 5 -0)
B. ORDINANCE NO. 03 -15 (FIRST READING /FIRST PUBLIC HEARING)-
Consider city - initiated amendment to the Land Development Regulations of the City of
Delray Beach; amending Article 4.4, "Table of Contents "; amending Section 2.2.3(D),
"Site Plan Review And Appearance Board "; amending Section 2.4.5(F), "Site And
Development and Master Development Plans (MDP) "; amending Section 2.4.6(F),
"Temporary Parking Lots "; amending Section 4.1.1(A), "Base Zoning Districts ";
amending Section 4.3.3(I), "Community Residential Homes And Group Homes ";
amending Section 4.3.3(S), "Antennas Not Located on Telecommunications Towers ";
amending Section 4.3.40, "Height "; amending Section 4.3.4(K), "Development
Standards Matrix "; repealing Section 4.4.28, "Central Business District — Railroad
Corridor (CBD -RC) "; amending Section 4.6.4(A), "Commercial Zoning Adjacent to
Residential Zoning or Zoning Districts With a Thirty -Five (35) Foot Height
Limitation "; amending Section 4.6.9(C)(1), "Bicycle Parking "; amending Section
4.6.9(E)(3), "Location of Parking Spaces, In -Lieu Fee "; amending Section 4.6.9(E)(4),
"Public Parking Fee "; amending Section 4.6.16(1-1)(4), "Foundation Landscaping
Requirements "; amending Section 4.6.16(1-1)(5), "Special Landscape Regulations for
Properties Within The Central Business District (CBD) "; amending Section 4.6.18(B),
"Buildings Within The Downtown Area "; amending Section 6.3.3(F), "Regulations
Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending
Appendix A "Definitions ". If passed, a second public hearing will be held on February
24, 2015. (Motion to approve with amendments to add community gardens as to approve the
use of the civic space in the Central Business District (CBD); Approved, 5 -0).
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C. ORDINANCE NO. 04 -15 (FIRST READING /FIRST PUBLIC HEARING-
Consider a city- initiated rezoning of properties zoned CBD -RC (Central Business
District- Railroad Corridor) to CBD (Central Business District) for two areas, with the
north area generally located between NE 4`h Street and NE 2nd Street and extending
from the north -south alleyway west of NE 3rd Avenue to the east of the FEC Railway;
and, the south area generally located between SE 2nd Street and SE 7`h Street, east of and
west of the FEC Railway. If passed, a second public hearing will be held on February
24, 2015. (Motion to approve; Approved, 5 -0)
11. FIRST READINGS:
A. None
12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: JANUARY 27, 2015
***Meeting adjourned at 9:54 p.m. * **
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