05-16-06 Agenda Results Reg
City of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
City Commission Me RULES FOR PUBLIC PARTICIPATION eting
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, May 16, 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. (
Approved, 5-0)
5.APPROVAL OF MINUTES:
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May 2, 2006 – Regular Meeting (
Approved, 5-0)
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May 9, 2006 – Special/Workshop Meeting (
Approved, 5-0)
6.PROCLAMATIONS:
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A.St. Vincent Ferrer Catholic School - 50 Anniversary
B.National Clean Beaches Week – June 29 - July 5, 2006
7.PRESENTATIONS:
A.Florida Atlantic University’s Hometown Tour – Dr. Kristen Murtaugh, Vice President
of the John D. McArthur FAU Campus
B.“Spotlight on Education” – Kathy Weigel, Principal of Atlantic High School
C.High Academic Performance Students – Atlantic High School
D.Julie Harris – 2006 High School Poster and Essay Contest Winner
E.Awards Presentation – Historic Preservation Month Poster Contest
8.CONSENT AGENDA: City Manager Recommends Approval. (
Approved, 5-0)
A.FINAL SUBDIVISION PLAT APPROVAL/MARK DOWN TOWN PLAT:
Approve the subdivision plat for Mark Down Town, a mixed-use development, located
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on the southeast and southwest corners of S.E. 2 Street and S.E. 1 Avenue.
B.FLORIDA COMMUNITIES TRUST (FCT) GRANT/WESTERN SENIOR/
COMMUNITY CENTER: Authorization to apply for a Florida Communities Trust
(FCT) Grant in the amount of $2,200,909.05 for land purchased for the site of the
Western Senior/Community Center.
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C.SPECIAL EVENT REQUEST/4 OF JULY: Approve a special event request for
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the 4 of July Celebration event to be held from noon until 12:00 midnight, including a
temporary use permit per LDR Section 2.4.6(H) for the closure of Atlantic Avenue
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from the east side of N.E./S.E. 6 Avenue to Ocean Boulevard, and from the south
side of Thomas Street to the north side of Miramar on Ocean Boulevard.
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D.RESOLUTION NO. 21-06 (TAX EXEMPTION REQUEST FOR ELIGIBLE
IMPROVEMENTS/1127 NASSAU STREET): Approve a tax exemption request
for eligible improvements to 1127 Nassau Street, located in the Nassau Park Historic
District; and approve Resolution No. 21-06.
E.BASELINE BUDGET SUBMISSION/CHILDREN’S SERVICE COUNCIL
(CSC)/BEACON CENTER AT VILLAGE ACADEMY: Approve authorizing
staff to submit the baseline budget funding request for Fiscal Year 2006/07 to the
Children’s Service Council of Palm Beach County in the amount of $853,075.00 for the
program and services associated with the Beacon Center at Village Academy.
F.SERVICE AUTHORIZATION NO. 2.0/KIMLEY-HORN AND
ASSOCIATES, INC.: Approve Service Authorization No. 2.0 to Kimley-Horn and
Associates, Inc. in the amount of $23,558.00 for schematic site plan work to develop the
new soccer complex at the former Atlantic High School site. Funding is available from
380-4150-572-63.49 (2004 G.O. Bond/Soccer Complex).
G.ITEM REMOVED FROM AGENDA
H.REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
May 1, 2006 through May 12, 2006.
I.SPECIAL EVENT REQUEST/2006 EXCLUSIVE SPORTS MARKETING
VOLLEYBALL TOURNAMENT:Approve a request from Exclusive Sports
Marketing for the 2006 Exclusive Sports Marketing Volleyball Tournament to be held at
the municipal beach on June 10 and 11, 2006.
J.CHANGE ORDER NO. 2 (CONTRACT CLOSEOUT)/FINAL
PAYMENT/INTEGRITY WELL & PUMP COMPANY: Approve Change Order
No. 2 (Contract Closeout) in the amount of a $10,820.66 decrease and final payment in
the amount of $17,073.97 to Integrity Well and Pump Company for completion of the
Aquifer Storage and Recovery Facility Rehabilitation Project. Funding is available from
442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair/
Maintenance Costs).
K.CHANGE ORDER NO. 1 (CONTRACT ADDITION)/ALMAZAN
BROTHERS: Approve Change Order No. 1 (Contract Addition) in the amount of
$34,928.00 to Almazan Brothers to the Royal Palm Drive Road Reconstruction Project
for the clearing of underbrush and nuisance trees at the Western Senior/Community
Center site. Funding is available from 380-4150-572-62.58 (2004 G.O. Bond/Western/
Senior Center).
L.RESOLUTION NO. 27-06: Approve Resolution No. 27-06 amending Resolution
No. 72-05 and Resolution No. 18-06, FY 2005-2006 Budget Adoption.
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M.ALTERNATIVE WATER SUPPLY GRANT APPLICATION/SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Authorize staff to
submit a grant application to the South Florida Water Management District (SFWMD)
for supplemental funding for the construction of the City’s Area 4 Reclaimed Water
Transmission System.
N.DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fund
subsidy for one (1) eligible applicant/family in the amount of $50,000.00 for 2455
Lindell Boulevard #3206. This brings the number to 170 homeowners assisted under
the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home
Owner Subsidy).
O.AWARD OF BIDS AND CONTRACTS:
1.Purchase award to National Waterworks, Inc. in the amount of $65,036.70 for
water main pipe materials for the Lake Ida Water Main Project. Funding is
available from 442-5178-536-65.98 (Water/Sewer Renewal & Replacement
Fund/Water Main/Lake Ida Area).
2.Contract award to JMW Construction Corporation, Inc. in the amount of
$15,000.00 for the addition of concrete slabs for transit bus shelters #19 and
#20 along Atlantic Avenue and shelters #33, #34, and #38 along Congress
Avenue to accommodate handicap access and shelter trash cans. Funding is
available from 334-3162-544-65.70 (General Construction Fund/Transit Stop
Bus Shelters).
3.Contract award to REP Associates, Inc. in the amount of $15,840.00 for
professional services for the Mold Remediation Project at the north wing of City
Hall. Funding is available from 001-2911-519-31.90 (General Fund/Other
Professional Services).
4.Contract award to REP Associates, Inc. in the amount of $12,184.00 for
professional services for the Mold Remediation Project at the Municipal Golf
Course Clubhouse. Funding is available from 001-2911-519-31.90 (General
Fund/Other Professional Services).
5.Purchase award to SunGard HTE, Inc. in the amount of $16,910.00 for the
purchase of Procurement Card Software to streamline the recording of
purchasing card transactions into the General Ledger for the Finance
Department. Funding is available from 001-1511-513-66.10 (General Fund/
Software).
9.REGULAR AGENDA:
A.APPEAL OF THE HISTORIC PRESERVATION BOARD’S DECISION
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ASSOCIATED WITH 112 N.E. 7 STREET: Consider an appeal of the Historic
Preservation Board’s decision granting a certificate of appropriateness for new
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construction at 112 N.E. 7 Street, located in the Del-Ida Park Historic District.
(Quasi-Judicial Hearing)
(Motion to approve appeal and adopt Board Order; Approved,
5-0)
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B.RECONSIDERATION OF A CONDITION OF APPROVAL ASSOCIATED
WITH A CONDITIONAL USE REQUEST/ROYAL PALM BEACH CLUB:
Reconsideration of a condition of approval associated with the conditional use request
to allow a free-standing multiple family development to be known as Royal Palm Club
at Delray Beach in the GC (General Commercial) zoning district, located at the
northeast corner of South Federal Highway and Fladell’s Way (2501 South Federal
Highway). (Quasi-Judicial Hearing)
(Motion to approve a substitute Condition No. 4 as
in staff report; Approved, 5-0)
C.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT
AGENCY (CRA)/REG ARCHITECTS, INC: Consider approval of an Interlocal
Agreement between the City and the Community Redevelopment Agency (CRA) which
provides for City funding in an amount not to exceed $50,000.00 for work performed
by REG Architects, Inc. to address the City’s historic districts and additional
regulations. Funding is available from 001-2511-515-31.90 (General Fund/Other
Professional Services).
(Approved, 4-0; Mayor Perlman filed Conflict of Interest, passed the
gavel to Vice-Mayor Ellis, and left dais)
D.MORATORIUM/IN-LIEU PARKING FEE REQUESTS: Consider a request
from the Parking Management Advisory Board (PMAB) to impose a temporary
moratorium on the approval of in-lieu of parking fee requests until modifications to the
in-lieu fees are codified. Staff recommends denial.
(Motion to DENY the Parking
Management Advisory Board’s recommendation and allow them to weigh in when they have a
full committee; Approved, 5-0; Mayor Perlman returned to dais)
E.LEASE AGREEMENT/FIRST PRESBYTERIAN CHURCH: Consider approval
to renew the parking lot lease agreement with First Presbyterian Church for a five (5)
year period. (
Approved, 4-0; Commissioner Levinson away from dais)
F.RESOLUTION NO. 24-06: Consider approval of Resolution No. 24-06 authorizing
the City to purchase property for a public parking garage, located at the southwest
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corner of N.E. 1 Street and N.E. 2 Avenue; and Contract for Sale and Purchase
between the City and the Community Redevelopment Agency (CRA) in the amount of
$6,000.000.00.
(Approved, 4-0; Mayor Perlman filed Conflict of Interest, passed the gavel to
Vice-Mayor Ellis, and left dais; Commissioner Levinson returned to dais)
G.SPECIAL EVENT REQUEST/ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for June 29, 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, S.E. 7 Avenue from Atlantic Avenue to the parking lot entrance
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south of Atlantic Avenue, the alley north of Atlantic Avenue between N.E. 2 Avenue
and Railroad Way, Railroad Way from Atlantic Avenue to the alley just north of Atlantic
nd
Avenue, and N.E. 2 Avenue from Atlantic Avenue to the alley.
(Approved, 4-1;
Commissioner Levinson dissenting)
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H.RESOLUTION NO. 25-06: Consider approval of Resolution No. 25-06 authorizing
the issuance of Water and Sewer Bonds in the aggregate amount of $7,000,000.00; and
authorize the sale of such bonds to Branch Banking and Trust. (
Approved, 4-0;
Commissioner Levinson away from dais)
I.FEDERAL AVIATION ADMINISTRATION (FAA)/TERMINAL RADAR
APPROACH CONTROL (TRACON): Consider approval of authorizing the Mayor
to send a letter to the Federal Aviation Administration (FAA) expressing the City’s
concern regarding the FAA’s decision to move Palm Beach International Airport’s
(PBIA) Terminal Radar Approach Control (TRACON) to Miami International Airport.
(
Approved, 5-0; Commissioner Levinson returned to dais)
J.WORTHING PLACE DOCUMENTS NEEDED FOR CLOSING: Consider
approval of the Worthing Place Documents needed for closing; and approve any other
documents needed to close.
(Motion to approve form of documents subject to
modifications; Approved, 5-0)
K.RESCINDING DEFENSE OF FORMER LAW ENFORCEMENT
OFFICER/FORFEITURE OF PENSION: Consider approval of rescinding the
defense of former law enforcement officer, Jack Mackler, and authorization to serve
notice to the Pension Board to forfeit the pension of the former officer due to criminal
convictions.
(Motion to rescind defense of former law enforcement officer and authorization
to serve notice to the Pension Board and to bring back for a vote if pension can be attached to
judgments or restitution; Approved, 5-0)
L.FINAL SUBDIVISION PLAT APPROVAL/TROPIC CAY TOWNHOMES:
Consider approval of the subdivision plat for Tropic Cay Townhomes, an 8-lot, fee-
simple townhouse development, located on the southwest corner of Frederick
Boulevard and Fladell’s Way (Avenue “F”). Staff recommends denial.
(Motion to
approve subject to dedication; Approved, 5-0)
10.PUBLIC HEARINGS:
A.ORDINANCE NO. 26-06: Privately initiated rezoning from A (Agricultural) to R-1-
AAA (Single Family Residential) for the Germantown Road Subdivision, located on the
south side of Old Germantown Road (3426 Old Germantown Road). (Quasi-Judicial
Hearing) (
Approved, 5-0)
B.ORDINANCE NO. 28-06: Privately initiated amendment to Land Development
Regulations (LDR) Section 4.3.3, “Special Requirements for Specific Uses” and Section
4.3.4(H)(4), “Structures Allowed in Setbacks”, to allow permanently installed generators
within required setbacks and providing specific regulations for the location, operation,
and buffering of permanent generators. (
Approved, 5-0)
C.ORDINANCE NO. 29-06: City initiated amendment to Land Development
Regulations (LDR) Section 4.3.4(K), “Development Standards Matrix”, to clarify
setbacks for structures in residential districts. (
Approved, 5-0)
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D.RESOLUTION NO. 23-06 (RELEASE OF RESERVATION IN PROPERTY):
Consider approval of the release of reservation on property (225 sq. ft.), located near
the corner of A-1-A and Atlantic Avenue; and approve Resolution No. 23-06 and
associated Quit Claim Deed. (
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:
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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 9:23 p.m. ******
05-16-2006
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