07-25-2006 Agenda Results
City of Delray Beach
Regular Commission Meeting
*** AG ENDA RESUL TS***
~~ .0
() 'I). ~
.J
'; ..:""'" J
~4.. ,,~'r;
==::J
RULES FOR PUBLIC PARTICIPATION
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
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
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
presiding officer has discretion to adjust the amount of time allocated.
Tuesday. July 25.2006
A. Public Hearings: Any citizen is entitled to speak on items under this
section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard conceming 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
Dekay Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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 Doug Smith 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.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor noted Additional Information for Item 9.1., Proposed Millage
Rate; Item 8.G.8, Contract award to Ron Bell Inc. was moved to Regular Agenda as Item 9.A.1 due to a
reguest from staff; Commissioner Levinson reguested that Item 9.1., Proposed Millage Rate, be moved
to the August 1,2006 City Commission Regular Meeting; Approved as amended, 5-0)
5. APPROVAL OF MINUTES:
. July 11,2006 - Regular Meeting (Approved, 5-0)
. July 18,2006 - Special/Workshop Meeting (Approved, 5-0)
6. PROCLAMATIONS:
. NONE
7. PRESENTATIONS:
A. Presentation of Ceremonial Checks from the Department of Environmental Protection,
Florida Recreation Development Assistance Program - Representative Adam Hasner
and Representative Richard Machek
B. CDBG Rehab Project for The McClenehan Family
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. FINAL BOUNDARY PLAT APPROVAL/5TH AVENUE AT DELRAY PLAT:
Approve the boundary plat for the 5th Avenue at Delray Plat, located on the east side of
N.E. 5th Avenue (southbound Federal Highway), between N.E. 1st Street and N.E. 2nd
Street.
B. RESOLUTION NO. 51-06: Approve Resolution No. 51-06 assessing costs for
abatement action necessary to remove junked and/or abandoned vehicles from five (5)
properties throughout the City.
C. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT /
ATLANTICA: Authorize the City to act as the utility permit applicant for a water
service connection within the state right-of-way for Atlantica, located north of George
Bush Boulevard, between N.E. 6th Avenue (northbound Federal Highway) and N.E. 7th
Avenue and approve a hold harmless agreement with the developer (LMC
Development Delray, LLC).
07 -25-2006
- 2 -
D. SERVICE AUTHORIZATION NO. 1.5/PGAL. INC.: Approve Service
Authorization No. 1.5 to PGAL, Inc. in the amount of $198,085.00 for basic
construction administration, post occupancy services, additional geotechnical services,
material testing services, and threshold inspection services for the Old School Square
Parking Garage Project. Funding is available from 380-4150-572-63.29 (2004 G.O.
Bond/Old School Square).
E. CONTRACT RENEWAL/URBAN DESIGN STUDIO. LLC: Approve renewal
of a consulting agreement with Urban Design Studio, LLC in the estimated annual
amount of $7,500.00 for Beach Overlay District review services. Funding is available
from 001-2511-515-31.90 (General Fund/Other Professional Services).
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
July 10,2006 through July 21, 2006.
G. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Chaz Equipment Company, Inc. in the amount of
$1,185,514.00 for the A-l-A Water Main Upgrade Project. Funding is available
from 442-5178-536-65.27 (Water/Sewer Renewal & Replacement Fund/Water
Main SR AlA - Atlantic Ave. to Pelican) and 442-5178-536-65.28 (Water/Sewer
Renewal & Replacement Fund/Water Main SR AlA - Casuarina Rd. to Atlantic
Ave.)
2. Purchase award to CDW-G in the amount of $46,000.00 for the purchase of
200 additional Citrix Licenses to allow the IT Department to install and update
software from a centralized point. Funding is available from 334-6112-519-
34.90 (General Construction Fund/Other Contractual Services).
3. Purchase award to Kilpatrick Company in the amount of $17,853.36 via the
expired Florida State Contract #515-630-03-1 for the purchase of one (1)
Smithco Spray Star Model 1600p Sprayer for the Municipal Golf Course.
Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf
Course Fund/Other Machinery/Equipment).
4. Contract award to Red Wing Shoe Store at an estimated annual cost of
$66,775.00 via the Brevard County Proposal #/Tide P-2-06-19 for the purchase
of safety shoes for City Employees. Funding is available from various
departments' operating expense budgets.
5. Contract award to B.K. Marine Construction, Inc. in the amount of $36,245.00
for the City Marina and Veterans Park Dock Project. Funding is available from
551-1575-591-45.50 (Business Insurance Fund/Property Claims).
6. Contract award to Staffing Connection/ Action Labor in the estimated annual
amount of $190,000.00 for a two (2) year term to provide school crossing
guards and supervisory services for the Police Department. Funding is available
from 001-2115-521-34.90 (General Fund/Other Contractual Services).
07-25-2006
- 3 -
7. Contract award to Asphalt Consultants, Inc. in the amount of $1,377,027.00 for
the Country Club Acres Infrastructure Improvements Project. Funding is
available from 334-3162-541-65.86 (General Construction Fund/Country Club
Acres), 441-5161-536-65.86 (Water/Sewer Fund/Country Club Acres), and 448-
5461-538-65.86 (Stonnwater Utility Fund/Country Club Acres).
8. (MOVED TO ITEM 9.A.l ON THE REGULAR AGENDA)
9. REGULAR AGENDA:
A.1. CONTRACT AWARD TO RON BELL, INC. Contract Award to Ron Bell, Inc. in
the amount of $146,290.00 for the re-roofing of the Delray Beach Police Department
Headquarters building which was damaged by Hurricane Wilma. Funding is available
from 551-1575-591-45.50 (Business Insurance Fund/Property Claims) (First Motion to
declare an emergency; Approved 5-0. Second Motion to approve Contract Award to Ron Bell,
Ine. in the amount of $146,290.00; Approved, 5-0)
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/EAGLE PARK: Consider an appeal of the Site Plan Review and
Appearance Board's conditions of approval for the Class V Site Plan and Landscape
Plan for Eagle Park. (Quasi-Judicial Hearing) (Motion to approve the Board Order as
stated thereby approving the Appeal and the elimination of condition #5; Approved, 5-0)
B. WAIVER REOUEST /TROPIC CAY TOWNHOMES: Consider a partial waiver
request to waive Land Development Regulations (LDR) Section 6.1.3(A), "Principles of
Design", to eliminate the required sidewalk along the west side of Frederick Boulevard
for Tropic Cay Townhomes, located at the southeast comer of Frederick Boulevard and
Fladell's Way, pursuant to LDR Section 2.4.7(B) (5), "Findings", and Section
6.1.3(D)(1)(b), "Waiver". (Quasi-Judicial Hearing) (Motion to approve the Board
Order as stated including the waiver; Approved, 5-0)
C. WAIVER REOUEST /BANK OF AMERICA: Consider a waiver request to waive
Land Development Regulations (LDR), Section 4.6.7(F)(7), "Design Standards Matrix",
to allow Bank of America to have a flat wall sign in excess of what is allowed under the
Code. (Quasi-Judicial Hearing) (Motion to approve the Board Order as stated including
the waiver; Approved, 5-0)
D. REJECTION OF BIDS/ROSEMONT PARK PROJECT: Consider rejection of
all bids received for the Rosemont Park Project due to bids significandy in excess of
budgeted funding; and authorize staff to re-bid in August, 2006. (Approved, 5-0)
E. CM AT RISK CONTRACT /WESTERN/SENIOR COMMUNITY CENTER/
PRECONSTRUCTION SERVICES: Consider approval of the Review Committee's
rankings of the Request For Proposals (RFP's) for the Western/Senior Community
Center CM At Risk Contract and authorize staff to proceed with contract negotiations
with the top ranked finn, The Weitz Company, for the preconstruction services phase
of the Western/Senior Community Center Project. (Motion to accept rankings and allow
staff to proceed with negotiations with the Weitz Company; Approved, 5-0)
07-25-2006
- 4 -
F. REQUEST FOR QUALIFICATIONS (RFQ)/FIRE STATIQN #4: Consider
approval of the Review Committee's rankings of the Request For Qualifications
(RFQ's) for professional architectural consulting services for the planning and design of
a Fire/Rescue Facility to replace Fire Station #4; and authorize staff to proceed with
contract negotiations with the top ranked firm, Currie-Sowards-Aguila Architects.
(Motion to accept rankings and allow staff to proceed with negotiations with Currie-Sowards-
Aguila Architects; Approved 5-0)
G. SPECIAL EVENT REQUEST / ART & JAZZ: Consider approval and
endorsement of Art & Jazz on the Avenue scheduled for August 17, 2006 from 6:00
p.m. to 10:00 p.m.; and approve the closure of Atlantic Avenue from Swinton Avenue
to N.E. 7th Avenue, S.E. 7th Avenue from the north side of Brisca Atlantica property to
the north side of the Brisca Atlantica parking lot entrance, the alley north of Atlantic
Avenue between N.E. 2nd Avenue and Railroad Way, Railroad Way from Atlantic
Avenue to the alley just north of Atlantic Avenue, and N.E. 2nd Avenue from Atlantic
Avenue to the alley. (Approved 4-1, Commissioner Levinson dissenting)
H. PROPOSED PALM BEACH COUNTY BED TAX INCREASE/PALM
BEACH COUNTY LEAGUE OF CITIES, INC.: Provide direction regarding the
proposed Palm Beach Countywide Bed Tax increase from four (4) cents to five (5) cents
to finance the expansion of Convention Center parking and future expansion of the
Center. (Consensus of the Commission to review more information)
I. PROPOSED MILLAGE RATE: Consider approval of a proposed millage rate for
FY 2007, and set the budget review and adoption schedule. (Moved to August 1, 2006
City Commission Meeting)
J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular
members for two (2) year terms ending July 31, 2008 and one (1) student member for a
one (1) year term ending July 31, 2007 to the Education Board. Based upon the
rotation system, the appointments will be made by Commissioner Levinson (Seat #3),
Commissioner Ellis (Seat #1), and Commissioner Fetzer (Seat #2). (Motion to waive
rules and defer all appointments to the August 1, 2006 City Commission Meeting; Approved, 5-
0)
10. PUBLIC HEARINGS:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/ROBOTIC SPACE SAVERS: Consider an appeal of the Site Plan
Review and Appearance Board's denial of the Class V Site Plan, Landscape Plan, and
Architectural Elevations associated with the construction of a 3-story self-storage
building, to be known as Robotic Space Savers, located on the southwest comer of
Military Trail and Conklin Drive. (Quasi-Judicial Hearing) (Motion to adopt Board
Order as set forth; Approved, 4-1; Commissioner Levinson dissenting)
07-25-2006
- 5 -
1. ORDINANCE NO. 5-06: Annexation, Small-Scale Future Land Use Map
amendment from County LR-3 (Low Density Residential- 3 dwelling units per
acre) to City TRN (Transitional) and Rezoning from County CG/SE
(Commercial General/Special Exception to City SAD (Special Activities
District) for a 0.99 acre property, to be known as Robotic Space Savers, located
at the southwest comer of Conklin Drive and Military Trail. (Quasi-Judicial
Hearing) (Approved, 4-1; Commission Levinson dissenting)
B. RESOLUTION NO. 50-06: Approve Resolution No. 50-06 establishing a budget for
the Stormwater Utility System, establishing the rates for FY 2007 Stormwater
Management Assessments, and certifying and adopting the Stormwater Assessment
Roll. (Approved, 5-0)
C. ORDINANCE NO. 39-06: Amendment to the Land Development Regulations
(LDR) Article 4.7, "Family/Workforce Housing", Subsection 4.7.4(d), "Density Bonus
Program for the Southwest Neighborhood Overlay District, Carver Estates Overlay
District, and Infill Workforce Housing Area; Bonus Allowances", to provide the same
number of bonus units for "sale" and "rental" units; Section 4.7.7, "For Sale Housing
Units", to allow a right of first refusal to the Community Land Trust; and 4.7.9(c)(v) to
provide that the proportions of "for sale" to "for rent" units for projects that are
funded by certain State financing programs shall not need to be proportional if 20% of
the "for sale" units are workforce units. (Approved, 5-0)
D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL
ACTION PLAN (FY 2006 - 2007): Consider approval of the Community
Development Block Grant (CDBG) Annual Action Plan required by the Housing &
Urban Development (HUD) Department of the United States for utilization of grant
funds. (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. 40-06: An ordinance amending Section 37.39, "Conflict of
Interest; Hearing Procedures", of the Code of Ordinances, which provides for summary
adjudication of violations if the alleged violator fails to attend the Code Enforcement
Hearing. If passed, a public hearing will be scheduled for August 15, 2006. (Approved,
5-0)
07-25-2006
- 6 -
B. ORDINANCE NO. 41-06: An ordinance amending Chapter 32, "Departments,
Boards and Commissions", of the Code of Ordinances, Section 32.41, "Composition;
Terms; Appointment", to clarify the composition of members on the Kids and Cops
Committee. If passed, a public hearing will be scheduled for August 1 5, 2006.
(Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
*** Meeting adjourned at 9:05 PM. ***
07-25-2006
- 7 -