04-04-06 Agenda Results Reg
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, April 4, 2006
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 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
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 Smith at 243-7010,
Phone: (561) 243-7000
24 hours prior to the event in order for the City to accommodate your request.
Fax: (561) 243-3774
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 requested Item 8.C, Delray Lakes Homeowners’ Association
Traffic Enforcement Agreement, be moved to the Regular Agenda as Item 9.A.1; Item 8.P, Third
Amendment to Contract for Sale and Purchase/Auburn Trace, was pulled from the agenda; Revised
Board Order for Item 9.A, Appeal of the Historic Preservation Board’s Decision Associated with 711
North Swinton Avenue; Approved as amended, 5-0)
5.APPROVAL OF MINUTES:
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March 6, 2006 – Regular Meeting (
Approved, 5-0)
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March 21, 2006 – Regular Meeting (
Approved, 5-0)
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March 30, 2006 – Organizational Meeting (
Approved, 5-0)
6.PROCLAMATIONS:
A.Recognizing and commending James Scala – Ocean Rescue Division - Parks and
Recreation Department Employee of the Year for 2005; and Angel Rodriguez – Parks
Maintenance Division and Matthew Carbone – Administration/Recreation Division as
Parks and Recreation Top Employees of the Year for 2005
B.National Public Works Week – May 21-26, 2006
C.Days of Remembrance – Holocaust
7.PRESENTATIONS:
A.Delray Camera Club Awards – “Vibrant Delray 2006”
8.CONSENT AGENDA: City Manager Recommends Approval.
(Approved as amended, 5-0)
A.AMENDMENT NO. 1/BUSINESS LEASE AGREEMENT/MAE VOLEN
SENIOR CENTER, INC.: Approve Amendment No. 1 to the Business Lease
Agreement with the Mae Volen Senior Center, Inc. to extend the operation of the
Alzheimer’s Center to September 21, 2006.
B.ACCEPTANCE OF GRANT/EMERGENCY MEDICAL SERVICES (EMS)
GRANT: Accept Emergency Medical Services (EMS) grant funding in the amount of
$43,707.20; and authorize the purchase of eight (8) EtCO2 Sidestream LoFlo Upgrades
and supplies in the amount of $41,199.50 from Zoll Medical Corporation for the Fire-
Rescue Department. Funding is available from 001-2315-526-64.90 (General Fund/Fire
Rescue/Other Machinery/Equipment).
C.(MOVED TO ITEM 9.A.1 ON THE REGULAR AGENDA)
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D.RESOLUTION NO. 16-06: Approve Resolution No. 16-06 authorizing funding in
the amount of $5,000.00 to the Brickel Foundation for the Olweus Bullying Prevention
Program.
E.AMENDMENT NO. 1/GENERAL CONSULTING ENGINEERING
SERVICES AGREEMENT/MCMAHON ASSOCIATES, INC.: Approve
Amendment No. 1 to the General Consulting Engineering Services Agreement between
the City and McMahon Associates, Inc. to provide for a 5% increase in the cost of
professional engineering services.
F.ACCEPTANCE OF 2004/2005 ANNUAL FINANCIAL REPORT: Accept the
Comprehensive Annual Financial Report for fiscal year ended September 30, 2005; a
formal presentation of the report will be made at the April 11, 2006 Commission
Workshop Meeting.
G.SPECIAL EVENT REQUEST/AVDA: Approve a special event request to allow
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the 9 Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) 5K Walk/Run to be
held on Saturday, October 14, 2006 from 7:30 a.m. until approximately noon.
H.DONATION/COMMUNITY CHAIR PROJECT: Accept a donation from the
West Atlantic Redevelopment Coalition (WARC) of twelve (12) Adirondack chairs to
become part of the City’s public art inventory.
I.CONSENT TO SUBCONTRACT/WASTE MANAGEMENT: Approve a
Consent to Subcontract Agreement with Waste Management (WM) to allow the use of
a subcontractor, Eastern Waste Systems, Inc. (EWS), to collect vegetative and bulk
waste in the City.
J.SPECIAL EVENT REQUEST/BED RACE: Approve a special event request to
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allow the 9 Annual Bed Race and Street Dance to be held on May 11, 2006 from 5:30
p.m. until 10:00 p.m.
K.SERVICE AUTHORIZATION NO. 3.1/CH2M HILL, INC.: Approve Service
Authorization No. 3.1 to CH2M Hill, Inc. in an amount not to exceed $16,802.00 for
boundary and topographic surveying; and gopher tortoise permitting for site plan layout
and design of the Bexley Park Project. Funding is available from 380-4150-572-63.24
(2004 G.O. Bond/Parks & Recreation/Bexley Park).
L.BUREAU OF JUSTICE ASSISTANCE (BJA) BULLETPROOF VEST
PARTNERSHIP (BVP) GRANT: Authorization to apply for the Bureau of Justice
Assistance (BJA) Bulletproof Vest Partnership (BVP) Grant in an amount up to
$112,000.00 with a City match of $56,000.00 to purchase bulletproof vests for the
Police Department.
M.REQUEST FOR VALET QUEUE EXPANSION/CAFFE LUNA ROSA:
Approve a request from Caffe Luna Rosa to permanently expand their existing valet
queue area from four (4) spaces to seven (7) spaces.
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N.FINAL BOUNDARY PLAT APPROVAL/SEAGATE HOTEL AT ATLANTIC
PLACE PLAT: Approve the boundary plat for the Seagate Hotel at Atlantic Place
Plat, located on Atlantic Avenue at Venetian Drive.
O.INTERLOCAL AGREEMENT/PALM BEACH COUNTY/LINTON
BOULEVARD BRIDGE TENDER HOUSE: Approve an Interlocal Agreement
with Palm Beach County for reimbursement of $100,000.00 for upgrades to the Linton
Boulevard Bascule Bridge Tender House. Funding is available from 334-3162-541-
46.10 (General Construction Fund/Bridge/Linton Blvd. Tender House).
P.THIRD AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/
AUBURN TRACE: Approve the Third Amendment to the Contract for Sale and
Purchase between the City and Auburn Trace, LTD. to extend the closing date and to
approve a cross access easement agreement.
(PULLED)
Q.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
March 20, 2006 through March 31, 2006.
R.AWARD OF BIDS AND CONTRACTS:
1.Purchase award to Container Systems & Equipment Co., Inc. the amount of
$131,686.00 as a sole source purchase for the purchase of one (1) 2006
Schwarze A7000 Regenerative Air Street Sweeper demonstrator model
replacement vehicle for the Public Works Department. Funding is available
from 501-3312-591-64.20 (Central Garage Fund/Automotive).
2.Lease award to Ikon Office Solutions in the total amount of $22,662.72 over a
three (3) year term via the Miami-Dade Contract #114-DD11 for the lease of a
Canon Image Runner 7095 Digital Copier to be shared by the Community
Improvement and Planning & Zoning Departments. Funding is available from
001-2511-515-44.30 and 001-2711-524-44.30 (General Fund/Equipment Rental
Leases).
3.Contract award to Ron Bell, Inc. in the amount of $83,270.00 for the repairs to
the Old Train Depot roof which was damaged by Hurricane Wilma. Funding is
available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims).
4.Bid award to Larson Builders in the amount of $69,234.40 to remove and
replace the existing perimeter fence as part of the Strategic Task Team (STT)
Partnership and approved Neighborhood Plan. Rainberry Woods Homeowners
Association will contribute $20,000.00. Funding is available from 334-6130-
541-63.89 (General Construction Fund/Neighborhood Enhancements).
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9.REGULAR AGENDA:
A.APPEAL OF THE HISTORIC PRESERVATION BOARD’S DECISION
ASSOCIATED WITH 711 NORTH SWINTON AVENUE: Consider an appeal of
the Historic Preservation Board’s decision for 711 North Swinton Avenue, located in
the Del-Ida Park Historic District. (Quasi-Judicial Hearing)
(Motion to approve
Board Order; Approved, 5-0)
A.1. REQUEST DELRAY LAKES HOMEOWNERS’ ASSOCIATION TRAFFIC
ENFORCEMENT AGREEMENT: Approve an agreement between the City and
the Delray Lakes Homeowners’ Association allowing the Delray Beach Police
Department to enforce local and state traffic laws on its property.
(Approved, 4-0; Mayor
Perlman filed Conflict of Interest, passed the gavel to Vice-Mayor Ellis, and left dais)
B.CONDITIONAL USE REQUEST/PARC PLACE NORTH AT DELRAY
BEACH: Consider a request to allow a free-standing multiple family residential
development as part of a mixed-use development in the General Commercial (GC)
zoning district for Parc Place North at Delray Beach, located at the east side North
Federal Highway, approximately 860 feet south of Gulf Stream Boulevard. (Quasi-
Judicial Hearing)
(Motion to approve Board Order; Approved, 5-0; Mayor Perlman
returned to dais)
C.CONDITIONAL USE REQUEST/ROYAL PALM CLUB AT DELRAY
BEACH: Consider a request to allow a free standing multiple family residential
development as part of a mixed-use development in the General Commercial district for
Royal Palm Club at Delray Beach (fka Ralph Buick Site), located at the northeast corner
of Fladell’s Way and South Federal Highway. (Quasi-Judicial Hearing)
(Motion to
approve Board Order; Approved, 5-0)
D.CONDITIONAL USE REQUEST/MAROONE FORD: Consider a request to
establish a parking and storage lot for vehicles within the MIC (Mixed Industrial and
Commercial) district for Maroone Ford, located on the west side of Wallace Drive,
between Georgia Street and Milfred Street. (Quasi-Judicial Hearing)
(Motion to
approve Board Order as set forth; Approved, 4-1; Commissioner Levinson dissenting)
E.TREE REMOVAL POLICY/REPLACEMENT AFTER STORM EVENT:
Consider approval of a proposed policy for tree removal and replacement after a major
storm event.
(Consensus of the Commission to take to the Neighborhood Advisory Council
for input)
F.ITEM REMOVED FROM AGENDA
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G.SPECIAL EVENT REQUEST/ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for May 11, 2006 from 6:00 p.m.
to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue to
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N.E. 7 Avenue, the south side of Atlantic Avenue from N.E. 7 Avenue to just past
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the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1 Street, and N.E.
ndnd
2 Avenue from Atlantic Avenue to N.E. 2 Street (street closure will be from 3:00
p.m. to approximately midnight).
(Approved, 4-1; Commissioner Levinson dissenting)
10.
PUBLIC HEARINGS:
A.ORDINANCE NO. 16-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
regarding Subsection 4.3.4(J)(4)(b), "Allowances", to provide for modifications to
performance standards and to require workforce housing.
(Approved, 5-0)
B.ORDINANCE NO. 17-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.4.6, “Medium Density Residential (RM) District”; Section 4.4.9, “General
Commercial (GC) District”; and Section 4.5, “Overlay and Environmental Management
Districts”, to include references to aspects of the Workforce Housing Ordinance for
RM zoned properties that are part of the Workforce Housing Overlay Districts; and
includes additional workforce housing overlay districts in the RM district and includes
an incentive to build workforce housing in the GC district.
(Approved, 5-0)
C.ORDINANCE NO. 18-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Article 4.7, “Family Workforce Housing”, establishing an additional workforce housing
overlay district known as the “Infill Workforce Housing Area”, located east of I-95 and
west of the Intracoastal outside of the coastal high hazard area for properties
predominantly zoned RM (Medium Density Residential).
(Approved, 5-0)
D.ORDINANCE NO. 19-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.4.13(I), “Performance Standards”, to provide for inclusion of workforce
housing among other conditions in order to obtain increased density.
(Approved, 5-0)
E.ORDINANCE NO. 20-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to the Land Development Regulations (LDR)
Section 4.1.4, "Use of Lots of Record", to provide for the use of lots of record of at
least 40 feet in width for the construction of workforce housing units.
(Approved, 5-0)
F.ORDINANCE NO. 14-06 (FIRST READING/FIRST PUBLIC HEARING):
Amendment to the Land Development Regulations (LDR) establishing a six (6) month
moratorium on demolitions, additions, and new construction in the City’s five (5)
Historic Districts. If passed, a second public hearing will be scheduled for April 18,
2006.
(Approved, 4-1; Commissioner Levinson dissenting)
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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:
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NONE
13.COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A.City Manager
B.City Attorney
C.City Commission
****** Meeting adjourned at 10:25 p.m. ******
04-04-2006
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