11-15-05 Agenda Results Regular
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
City Commission Meeting 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, November 15, 2005
Generally, remarks
and the right to limit discussion rests with the Commission.
by an individual will be limited to three minutes or less
. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
A.
Public Hearings: Any citizen is entitled to speak on items under this
Commission Chambers
section.
Delray Beach City Hall
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 at the specific request of individual City Commission members.
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
The City will furnish auxiliary aids and services to afford an individual with a
Delray Beach, Florida 33444
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
Phone: (561) 243-7000
7127, 24 hours prior to the event in order for the City to accommodate your
Fax: (561) 243-3774
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1.ROLL CALL.
(Mayor Perlman absent)
2.INVOCATION.
3.PLEDGE OF ALLEGIANCE TO THE FLAG.
4.AGENDA APPROVAL.
(Vice-Mayor Levinson noted Item 8.Q, Visa Check/MasterCard Class
Action Litigation, and Item 8.R, CM at Risk Contract/Old School Square Parking
Garage/Preconstruction Services, were added to the Consent Agenda by Addendum; City Attorney
Susan Ruby noted that there will be small changes to Item 8.R, CM at Risk Contract, to incorporate an
Exhibit; Approved as amended, 4-0)
5.APPROVAL OF MINUTES:
?
November 1, 2005 – Regular Meeting (
Approved, 4-0)
?
November 8, 2005 – Workshop Meeting (
Approved, 4-0)
6.PROCLAMATIONS:
A.Recognizing and Commending Alan Antolic
B.Recognizing and Commending the Delray Beach Ocean Rescue Lifeguard Competition
Team
C.Recognizing and Commending the South Florida Dynamics Baton Twirling Corps
th
D.St. Paul AME Church – 108 Anniversary
7.PRESENTATIONS:
A.Special Recognition Award – Brittany Smith
B.Special Recognition Award – Marty Riger
C.“Spotlight on Youth” – John Morley, President of the Delray Beach Youth Council
D.“Spotlight on Neighborhoods” – Gail-Lee McDermott, Chairman, Neighborhood
Advisory Council
E.Update on R.A.C.E. (Relationship between Authorities, Citizens, and Experts), Samuel
E. Mathis, Jr., Diversity Business Strategist and Advisor
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 4-0)
A.RESOLUTION NO. 84-05: Approve Resolution No. 84-05 abandoning a portion of
Dixie Highway Right-Of-Way, directly adjacent to Lot 2 and a portion of Lot 3 of the
plat of Delray Beach Estates, approximately 1,760 feet south of Gulf Stream Boulevard.
B.FINAL SUBDIVISION PLAT APPROVAL/NORTH FEDERAL HIGHWAY
REPLAT: Approve the subdivision plat for the North Federal Highway Replat, a
minor subdivision, located between Old Dixie Highway and Federal Highway, north of
nd
N.E. 22 Street.
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C.INITIATION OF CITY PROPOSED REZONING: Formally initiate a City
proposed rezoning from CBD-RC (Central Business District – Railway Corridor) to
CBD (Central Business District) for a portion of Lots 9, 13, and 14 of Block 78; Lots 15
nd
and 16 of Block 78; and a portion of Block 86, located on the east side of S.E. 2
st
Avenue, approximately 90’ south of S.E. 1 Street.
D.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/DROWNING
PREVENTION COALITION: Approve an Interlocal Agreement with Palm Beach
County to provide a Learn to Swim Program at Pompey Park and the Delray Swim and
Tennis Center through the Drowning Prevention Coalition of Palm Beach County.
E.RATIFICATION OF THE APPOINTMENTS TO THE NEIGHBORHOOD
ADVISORY COUNCIL: Approve and ratify the November 1, 2005 Neighborhood
Advisory Council Appointments for three (3) year terms as per Section 32.46 of the City
Code of Ordinances.
F.CHANGE ORDER NO. 2/FINAL PAYMENT/CHAZ EQUIPMENT
COMPANY, INC.: Approve Change Order No. 2 in the amount of a $57,281.22
decrease and final payment in the amount of $34,916.13 to Chaz Equipment Company,
Inc. for completion of the Area 1 Reclaimed Water System Project. Funding is available
from 441-5181-536-65.96 (Water/Sewer Fund/Reclaimed Water Transmission).
G.CHANGE ORDER NO. 2 (CONTRACT ADDITION)/RANDOLPH &
DEWDNEY CONSTRUCTION, INC.: Approve Change Order No. 2 (Contract
Addition) to the Fire Apparatus Maintenance Building Project in the amount of
$26,800.00 to Randolph & Dewdney Construction, Inc. for demolition and
reconstruction of the Old School Square south entrance canopy. Funding is available
from 334-6112-572-46.12 (General Construction Fund/Old School Square Roof
Repair).
H.CONTRACT ADDITION/MURRAY LOGAN CONSTRUCTION, INC.:
Approve a Contract Addition in the amount of $21,750.00 via the Northern Palm Beach
County Improvement District’s Continuing Maintenance Contract to Murray Logan
Construction, Inc. for additional work relating to the Upgrade of Lift Station 100A
Project. Funding is available from 442-5178-536-68.15 (Water/Sewer Renewal and
Replacement Fund/Lift Station Rehabilitation).
I.DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $49,000.00 for 203 N.W.
th
10 Avenue. This brings the number to 161 homeowners assisted under the
Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner
Subsidy).
J.SUPPLEMENTAL PRE-DESIGN SERVICES/PGAL, INC.: Approve a
proposal in the amount of $16,989.00 from PGAL, Inc. for supplemental pre-design
consulting services regarding the preparation of construction documents for the Old
School Square Parking Garage Project. Funding is available from 380-4150-572-63.29
(2004 G.O. Bond/Parks & Recreation/Old School Square).
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K.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/RANGER
CONSTRUCTION, INC.: Approve Change Order No. 1 (Contract Addition) in the
amount of $220,295.95 to Ranger Construction, Inc. to add the 2006 Street Resurfacing
Project to the current 2005 Resurfacing Contract. Funding is available from 334-3162-
541-61.17 (General Construction Fund/Resurfacing).
L.CHANGE ORDER NO. 1/JMW CONSTRUCTION CORPORATION:
Approve Change Order No. 1 in the amount of $133,257.85 to JMW Construction
Corporation for additional amenities to the Lake Ida Park Project; a Palm Beach County
Grant will fund $100,000.00. Funding is available from 380-4150-572-63.26 (2004 G.O.
Bond/Lake Ida Park) and 448-5461-538-63.90 (Stormwater Utility Fund/Other
Improvements).
TH
M.RIGHT OF ENTRY AND LICENSE AGREEMENT/145 N.E. 4 AVENUE:
Approve and accept a right of entry and license agreement with O.D. Priest, Jr. to allow
the removal of asphalt parking and the installation of a paver sidewalk.
TH
N.FLORIDA EAST COAST RAILWAY COMPANY (FEC)/S.E. 4 STREET
CROSSING REHABILITATION: Approve a reimbursement to the Florida East
Coast Railway Company (FEC) in the amount of $20,427.72 for reconstruction of the
th
S.E. 4 Street crossing per provisions of the 1952 FEC Agreement. Funding is available
from 334-3162-541-46.90 (General Construction Fund/FEC Crossing Rehab/Other
Repair/Maintenance Costs).
O.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 24, 2005 through November 11, 2005.
P.AWARD OF BIDS AND CONTRACTS:
1.Purchase award to Ten-8 Fire Equipment, Inc. of Bradenton, Florida/Pierce
Manufacturing, Inc. in the amount of $382,450.00 for the purchase of one (1)
2006 Pierce Manufacturing, Inc. Special Operations Vehicle for the Fire
Department. Funding is available from 501-3312-591-64.25 (Central Garage
Fund/Heavy Equipment).
2.Approve a purchase order with Line Tech, Inc. in the amount of $25,000.00 via
the City of Boynton Beach Contract, Bid No. 022-2821-04/JA for the Water
Service Relocation Project. Funding is available from 442-5178-536-65.17
(Water/Sewer Renewal and Replacement Fund/Water Service Relocations).
Q.VISA CHECK/MASTERCARD CLASS ACTION LITIGATION: Approve the
City’s participation in a Class Action lawsuit for antitrust violations regarding the use of
Visa Check/MasterCard from October 25, 1992 to June 21, 2003.
11-15-2005
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R.CM AT RISK CONTRACT/OLD SCHOOL SQUARE PARKING
GARAGE/PRECONSTRUCTION SERVICES: Approve a CM at Risk Contract
with Catalfumo Construction in the amount of $129,586.91 for the preconstruction
services phase of the Old School Square Parking Garage CM at Risk Contract. Funding
is available from 380-4150-572-63.29 (2004 G.O. Bond/Parks & Recreation/Old
School Square).
9.REGULAR AGENDA:
A.APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/BANK UNITED: Consider an appeal of the Site Plan Review and
Appearance Board’s denial regarding the placement of the Bank United signs, located at
331 East Atlantic Avenue. (Quasi-Judicial Hearing)
(Motion to approve the appeal;
DENIED, 4-0)
B.WAIVER REQUEST/SAFE & SECURE SELF STORAGE: Consider a waiver
request to waive Land Development Regulations (LDR), Section 4.6.7(F)(7), “Design
Standards Matrix”, to allow Safe & Secure Self Storage to have a flat wall sign in excess
of what is allowed under the Code, pursuant to LDR Section 2.4.7(B)(5), “Findings”.
(Quasi-Judicial Hearing) (
Approved, 4-0)
TH
C.CONDITIONAL USE REQUEST/5 AVENUE FLATS: Consider a request to
th
allow a building height in excess of 48’ (to a maximum of 60’) for 5 Avenue Flats, a
proposed mixed-use development that includes 12 residential condominiums and 3,183
th
sq. ft. of office/retail space, located at the northwest corner of N.E. 5 Avenue and
nd
N.E. 2 Street. (Quasi Judicial Hearing) (
Approved, 4-0)
D.PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS OF DELRAY
BEACH, LOCAL 1842, IAFF AGREEMENT AND MEMORANDUM OF
UNDERSTANDING: Consider approval of a collective bargaining agreement and
Memorandum of Understanding with the Professional Fire Fighters and Paramedics of
Delray Beach, Local 1842, IAFF effective October 1, 2004 through September 30, 2007.
(
Approved, 4-0)
EMERGENCY ADVISORY RADIO SYSTEM: Consider authorizing staff to
E.
proceed with the purchase and installation of an Emergency Advisory Radio System to
warn and instruct residents during emergency situations.
(Commission direction to
proceed expeditiously with an Emergency Advisory Radio System)
F.SETTLEMENT OFFER IN KEMP v. CITY OF DELRAY BEACH: Consider a
Settlement Offer in the amount of $22,500.00 in Kemp v. City of Delray Beach. Staff
recommendation is acceptance. (
Approved, 4-0)
11-15-2005
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G.APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint two (2) regular members (one member for Zone 1 and one member for Zone
2) to the Neighborhood Advisory Council for three (3) year terms ending October 31,
2008. Based upon the rotation system, the appointments will be made by
Commissioner Ellis (Seat #1) and Commissioner McCarthy (Seat #4).
(Appointed
Bonnie Raycroft and approved, 4-0; and appointed Arthur Brown and approved, 4-0)
10.PUBLIC HEARINGS:
A.ORDINANCE NO. 74-05: Rezoning from RO (Residential Office) to R-1-A (Single
th
Family Residential) for a 0.57 acre parcel of land for 9 Street Properties, located at the
ndth
southeast corner of N.E. 2 Avenue and N.E. 9 Street. (Quasi Judicial Hearing)
(
Approved, 4-0)
B.ORDINANCE NO. 56-05 (REVISED FIRST READING FOR
COMPREHENSIVE PLAN AMENDMENT 2005-2):Public Hearing for
Comprehensive Plan Amendment 2005-2.
1.Text Amendments:
a.Future Land Use Element – Modification of the description of the Medium
Density FLUM designation to include provisions for increased density to
24 units per acre for the Carver Estates Overlay District and to a maximum
of 18 units/acre within the boundaries of other special overlay districts to
accommodate higher density residential development subject to the
provision of workforce housing.
b.Future Land Use Element – Modification of the description of the
Transitional FLUM designation to include provisions for increased density
to approximately 18 units/acre within the boundaries of special overlay
districts to accommodate higher density residential development subject to
the provision of workforce housing.
c.Future Land Use Element – Modification of the description of the General
Commercial FLUM designation to include provisions for increased density
to approximately 18 units/acre within the boundaries of special overlay
districts to accommodate higher density residential development subject to
the provision of workforce housing.
d.Future Land Use Element – Add policy regarding creation of an overlay
district for the Congress Avenue Corridor to encourage the development of
Class A corporate offices.
st
e.Transportation Element – Add policy regarding the change of NE/SE 1
Streets from one-way back to two way traffic.
f.Transportation Element – Add policy regarding enhancement of the US-1
ththth
corridor (NE/SE 5 Avenue and NE/SE 6 Avenue) between NE 4
th
Street and SE 4 Street through beautification and the provision of
improved parking and pedestrian circulation.
11-15-2005
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g.Transportation Element – Add policy to seek the reduction of the ultimate
right-of-way for Federal Highway from 120 feet to 100 feet, north of
George Bush Boulevard.
h.Housing Element – Revise “Analysis” section to update information
pertaining to historically significant housing.
i.Open Space and Recreation Element – Update “Analysis”, “Conclusions”
and “Needs and Recommendations” sections to reflect updated conditions
and to be consistent with the adopted City of Delray Beach Parks and
Recreation System Master Plan.
j.Capital Improvement Element – Modify Table CI-CIP (5-Year Capital
Improvements Schedule for Projects > $25,000) to reflect adoption of the
FY 2006-2010 Capital Improvement Program.
k.Capital Improvement Element – Modification of Table SD-CIP. This table
is the School District’s Six Year Capital Improvement Schedule referenced
in CIP Element Policy A-8.3.
l.Public Schools Facilities Element – Updated Concurrency Map Series for
the School District (Maps PS 1.1; PS 2.1; PS 3.1; and PS 3.2).
2.Future Land Use Map Amendments:
a.
Future Land Use Map amendment from LD (Residential Low Density 0-5
du/ac) in part and GC (General Commercial) in part, to OS (Open Space)
for the public park within the Bexley Park Subdivision located on the east
side of Military Trail north of the L-31 Canal.
b.
Future Land Use Map amendment from County CH-8 (Commercial High
with an underlying High Residential, 8 units per acre) to City GC (General
Commercial), in part, and TRN (Transitional), in part for Valero Gas
Station, Watkins Motor Lines, and Public Self Storage, Inc, located on
the west side of Military Trail, 100 feet north of Conklin Drive.
c.
Future Land Use Map amendment from RDA-3 (Redevelopment Area #3)
to MD (Residential Medium Density 5-12 du/ac) for the Lee Burke
property, located on the north side of Linton Boulevard, 660 feet west of
th
SW 4 Avenue.
d.
Future Land Use Map amendment from RDA-3 (Redevelopment Area #3)
to MD (Residential Medium Density 5-12 du/ac) for Lintco multi-family
th
site, located at the northwest corner of Linton Boulevard and SW 4
Avenue.
e.
Future Land Use Map amendment from County HR-8 (High Residential -8
du/ac) to City MD (Medium Density Residential 5-12 du/ac) for Gramercy
Square II, located on the west side of Military Trail, approximately 700 feet
south of Atlantic Avenue.
(Motion to approve revised Ordinance No. 56-05; Approved, 4-0)
11-15-2005
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C.RESOLUTION NO. 80-05/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/FRITZNEL BEAUFRERE AND GERTA LOMBARD: Consider
nd
approval of contract to sell City owned property, located at 511 N.W. 2 Street, as part
of the Carver Square Relocation Project and Contract for Sale and Purchase between
the City and Fritznel Beaufrere and Gerta Lombard in the amount of $40,000.00; and
approve Resolution No. 80-05. (
Approved, 4-0)
D.RESOLUTION NO. 81-05/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/REGINALD B. JONAS AND ELIZABETH TAYLOR: Consider
st
approval of contract to sell City owned property, located at 602 S.W. 1 Street, as part
of the Carver Square Relocation Project and Contract for Sale and Purchase between
the City and Reginald B. Jonas and Elizabeth Taylor in the amount of $40,000.00; and
approve Resolution No. 81-05. (
Approved, 4-0)
E.RESOLUTION NO. 82-05/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY/LOUIS SAINT FORT AND JOSETTE SAINT FORT: Consider
rd
approval of contract to sell City owned property, located at 802 S.W. 3 Street, as part
of the Carver Square Relocation Project and Contract for Sale and Purchase between
the City and Louis Saint Fort and Josette Saint Fort in the amount of $40,000.00; and
approve Resolution No. 82-05. (
Approved, 4-0)
F.ORDINANCE NO. 75-05: An ordinance amending Title 13, “General Offenses”, of
the Code of Ordinances, by enacting a new Chapter 136, “Sexual Offenders and Sexual
Predators”, which provides that sexual predators and sexual offenders cannot reside
within 1,500 feet of a designated school, public bus stop, day care center, or park.
(
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. 79-05: Privately initiated amendment to the Land Development
Regulations Section 4.6.9, “Off-Street Parking Regulations”, and Appendix “A”,
“Definitions”, to establish a parking fee and provide a definition for a public parking
facility and programmed public parking facility. If passed, a public hearing will be held
on December 6, 2005. (
Approved, 4-0)
B.ORDINANCE NO. 76-05: Rezoning from County GC/SE (General Commercial/
Special Exception) to GC (General Commercial) for a 0.96 acre parcel of land for
Valero Gas Station, located on the west side of Military Trail, 100 feet north of Conklin
Drive. If passed, a public hearing will be held on December 6, 2005. (
Approved, 3-0;
Commissioner Ellis away from dais)
11-15-2005
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C.ORDINANCE NO. 77-05: Rezoning from County GC/SE (General Commercial/
Special Exception) to SAD (Special Activities District) for a 4.72 acre parcel of land for
Watkins Motor Lines, located on the west side of Military Trail, 430 feet north of
Conklin Drive. If passed, a public hearing will be held on December 6, 2005.
(
Approved, 4-0; Commissioner Ellis returned to dais)
D.ORDINANCE NO. 78-05: Rezoning from County GC/SE (General Commercial/
Special Exception) to SAD (Special Activities District) for a 3.45 acre parcel of land for
Public Self Storage, Inc, located on the west side of Military Trail, 270 feet north of
Conklin Drive. If passed, a public hearing will be held on December 6, 2005.
(
Approved, 4-0)
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
POSTED: NOVEMBER 11, 2005
****** Meeting adjourned at 9:38 p.m. ******
11-15-2005
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