03-20-07 Agenda Results RegCity of Delray Beach
Regular Commission Meeting
**r1Gl?NDl~ RESUI_;I"S***
RULE8 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 aze business meetings
Tuesday, Match 20, 2007 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
Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated.
Public Hearings 7:00 p.m.
Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this
Delray Beach City Hall section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heazd 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
Delray Beach, Florida 33444 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,
Phone: (561) 243-7000 program, or activity conducted by the City. Contact Doug Smith at 243-7010,
Fax: (561) 243-3774 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.
ROLL CALL. (Commissioner Ellis absent)
2. INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES: (Mayor noted Item 9.C, Agreement/WiFi Services/Delray Beach Wi-
I~i, lnc., was removed from the regular agenda due to a request from applicant.; Additional Information
for Item 9.D, Capital Project Financing Needs and Item 9.H, Official Municipal Election Results was
added to the regular agenda by addendum; Approved as amended, 4-0)
• March 5, 2007 -Regular Meeting (Approved, 4-0)
• March 15, 2007 -Special/Workshop Meeting (approved, 4-0)
6. PROCLAMATIONS:
A. Water Conservation Month - Apri12007
B. Commending multiple medal winners - Dekay Beach 2007 Senior Games
C. Recognizing and Commending the Delray Rocks Football & Cheerleading Squads
D. Recognizing and commending Melissa Kaminiecki -Administration/Recreation
Division -Parks and Recreation Department Employee of the Year for 2006; Greg
Okonski -Ocean Rescue Division and Margaret Johnson -Parks Maintenance
Division as Parks and Recreation Top Employees of the Year for 2006.
7. PRESENTATIONS:
A. Zion Study Circle -Susan Ruby
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. ACCEPTANCE OF EASEMENT DEED/BBC, LLC• Accept an easement deed
with for a five foot sidewalk easement along the north side of the 1100 Block of NW 15L
Street.
B. RESOLUTION NO. 22-07/FLORIDA DEPARTMENT OF
TRANSPORTATION F( DOTI/OLD GERMANTOWN ROAD SIDEWALKS•
Approve and adopt Resolution No. 22-07 authorizing execution of a Joint Participation
Agreement QPA) with the Florida Department of Transportation (FDOT) for the
installation of sidewalks on Old Germantown Road between Linton Boulevard and
Homewood Boulevard.
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C. SERVICE AUTHORIZATION NO. 10/MATHEWS CONSULTING, INC
Approve Service Authorization No. 10 to Mathews Consulting, Inc. in the amount of
$39,320.00 for professional services for updating the computerized hydraulic model of
the water distribution system. Funding is available from 441-5181-536-31.90
(Water/Sewer Fund/Other Professional Services).
D. AGREEMENT /MARLIN ENGINEERING• Approve an agreement with Marlin
Engineering in the amount of $20,981.94 to provide professional services fox the
presentation of a Quiet Zone Study fox the CSX Railroad five (5) public and four (4)
private crossings of record within Delray Beach. Funding is available from 001-2911-
519-31.30 (General Fund/Engineering/Architect).
E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/TROMBONE
STYLE MAST ARMS/SR A1A AND EAST ATLANTIC AVENUE• Approve an
Interlocal Agreement with Palm Beach County for reimbursement in the amount of
$46,500.00 for the installation of trombone style mast arms at the intersection of SR
A1A and East Atlantic Avenue.
F. SPECIAL EVENT REOUEST/EASTER SUNRISE SERVICE• Approve a
request to endorse the Easter Sunrise Service to be held on April 8, 2007, to grant a
temporary use permit per LDR Section 2.4.6(F) for the closure of South Ocean
Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use
of the pavilion, authorize staff support for traffic control, barricading and EMS
presence.
G. AGREEMENT/DELRAY BEACH HOUSING AUTHORITY• Approve an
agreement between the Ciry and the Delray Beach Housing Authority (DBHA) granting
the City permission to access the Carver Estates property in order to demolish the
buildings and clear the site.
H. AMENDMENT/COMMUNITY DEVELOPMENT DIVISION PROGRAM
DESCRIPTION MANUAL: Approve a request to amend the Community
Development Division Program Description Manual which specifies the standard
operating procedures for Federal, State and Local program administration under the
Department of Community Improvement, Community Development.
I. REQUEST TO EXCEED HOUSING REHABILITATION GRANT LIMIT:
Approve a request to exceed the housing rehab Community Development Block Grant
(CDBG) limit of $35,000.00 in order to address unforeseen health and safety concerns
for one (1) housing rehabilitation grant located at 102 SW 8~' Avenue. Funding is
available from 118-1963-554-49.19 (Community Development Fund/Housing
Rehabilitation).
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CONSTRUCTION CONTRACT/HARTZELL CONSTRUCTION, INC
Approve a construction contract with Hartzell Construction, Inc., in the amount of
$98,796.00 for the construction of concrete sidewalks, clearing and grubbing, and
sodding swales along SW 4`'' Street, SW 11`s Avenue and SW 10~' Avenue. Funding is
available from 118-1965-554-63.11 (Community Development
Fund/Bikepaths/Sidewalks).
K. RESOLUTION NO 24-07• Approve Resolution No. 24-07 regarding the
expenditure of money in support of the proposed amendments to the Palm Beach
County Charter.
L. AGREEMENT/SERVICE AUTHORIZATION NO 1/GLATTING
iACKSON KERCHER ANGLIN, INC • Approve an agreement and Service
Authorization No. 1 with Glatting Jackson Kercher Anglin, Inc. for professional
consulting services in conjunction with the Old School Square Cultural Arts Center
Expansion Project. The proposed fees for Phase 1 total $128,500.00. Funding is
available from 334-4151-572-63.59 (Improvements Other/Old School Square Park
Improvements).
M. SERVICE AUTHORIZATION NO 6/COASTAL PLANNING &
ENGINEERING, INC • Approve Service Authorization No. 6 to Coastal Planning
& Engineering, Inc., in the amount of $26,750.00 for consulting services in developing
plans, specifications and providing construction services at the Atlantic Dunes
Boardwalk Project. Funding is available from 334-4170-572-63.48 (General
Construction Fund/Atlantic Dunes Boardwalk).
N. GUARANTEED MAXIMUM PRICE (GMP)/WESTERN/SENIOR
COMMUNITY CENTER/WEITZ COMPANY• Approve Phase II of the
Guaranteed Maximum Price (GMP) in the amount of $10,123,650.00 to The Weitz
Company for the Western/Senior Community Center Project. Funding is available
from 380-4150-572-62.58 (2004 G.O. Bond/Western/Senior Community Center).
O. FDOT UTILITY PERMIT & HOLD R11~[LESS
AGREEMENT/WALGREENS STORE NO 5489• Authorize the City to act as
the utility permit applicant for connecting a fire hydrant to an existing water main in the
Florida Department of Transportation (FDOT) right-of--way, located at the intersection
of West Atlantic Avenue and Military Trail and approve a hold harmless agreement with
the developer (Rockwell Development).
P. VIDEO PRODUCTION AGREEMENT /DELRAY YOUTH VOCATIONAL
CHARTER SCHOOL: Approve and ratify an agreement with the International City
Management Association (ICMA) for the preparation of a video about the Delray
Youth Vocational Charter School and authorize the City Manager to execute the
attached contract for video production.
Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS•
Accept the actions and decisions made by the Land Development Boards for the period
March 5, 2007 through March 16, 2007.
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R. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Roof Painting by Hartzell, Inc. in the amount of $24,990.00 for
painting interior offices in the Police Department. Funding is available from
001-2111-521-46.10 (General Fund/Building Maintenance).
2. Purchase awards to Duval Ford in the amount of $158,891.00 for the purchase
of eight (8) vehicles; and to Classic Chevrolet in the amount of $25,316.00 for
the purchase of two (2) vehicles; via the Sheriff's Association Contract for
various departments within the City. Funding is available from 501-3312-591-
64.20 (Central Garage Fund/Automotive).
3. Purchase award to Integrian in the amount of $27,870.00 for the purchase of six
(6) digital in-car audio/visual recording systems for the Police Department.
Funding is available from 001-2117-521-64.90, 001-2119-521-64.90 and 001-
2121-521-64.90 (General Fund/Other Machinery/Equipment).
4. Purchase award to Tactical Products Group in the amount of $50,180.00 for the
purchase of ballistic vests and plates (bulletproof vests) for the Police
Department. Funding is available from 115-2132-521-52.27 (Operating
Supplies/Equipment <$750) and 115-2132-521-64.90 (Operating
Supplies/Other Machinery/Equipment).
5. Contract award to Linetech, Inc. in the amount of $20,989.00 for the installation
of 2" water and sewer for the Temporary Fire Station No. 4 facilities located at
Barwick Road Baptist Church. Piggybacking on Ciry of Boynton Beach Bid #
02-2821-07/JA. Funding is available from 442-5178-536-63.90 (WBcS Renewal
& Replacement Fund/Other Improvements).
6. Contract award to Kilbourne & Sons, Inc. in the amount of $21,688.20 for
construction of a paved staging area for Temporary Fire Station No. 4 trailer
office space. Funding is available from 334-6112-522-49.90 (General
Construction Fund/Other Current Charges).
9. REGULAR AGENDA:
A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/20
NORTH SWINTON AVENUE• Appeal of the Historic Preservation Board's
decision regarding the relocation of a structure to 20 North Swinton Avenue located in
the Old School Square Historic District. (Quasi Judicial Hearing) (Mayor Perlman
declared a Conflict of Interest, passed the gavel to Deputy Vice Mayor Fetzer and left the dais.
.-\ppeal failed; Historic Preservation Board's Decision upheld.)
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B. CONDITIONAL USE EXTENSION REQUEST /MIRAFLORES
DEVELOPMENT: Consider an extension request to allow for a residential
development with height in excess of 48 feet (58'-4" proposed) and to allow for a
density in excess of 30 units per acre (38.8 du/ac proposed) within the Central Business
District (CBD), for the Miraflores Development located on the east side of SE 15L
Avenue approximately 76.5 feet south of SE 15` Street. (Quasi Judicial Hearing)
(N[otion to approve board order as set forth; approved, 4-0)
C. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI FI, INC • Consider
approval of an agreement between the City and Delray Beach WI-FI, Inc. for
construction of a wi-fi system through out the entire City. (REMOVED from the agenda
duc m a rcyuest from applicant)
D. CAPITAL PROTECT FINANCING NEEDS• Consider approval of the processing
of FY 2007 Utility Tax Bond Issues and provide guidance on either a negotiated sale
with our local underwriting firm or an Internet competitive bid sale. (Motion to proceed
with bond issue and a negotiated agreement with a broker for terms and conditions. Approved
3-1; Mayor Perlman dissenting)
E. RESOLUTION NO 23-07/FLORIDA DEPARTMENT OF
TRANSPORTATION: Consider approval of Resolution No. 23-07 requesting the
Florida Department of Transportation (FDOT) to consider alternative designs to allow
the construction of a sidewalk as well as landscaping between the proposed sidewalk
and existing walls located along SR A1A in the City limits of Delray Beach. (Approved,
~-o)
F. APPOINTMENT TO THE CIVIL SERVICE BOARD• Appoint one (1) regular
member to the Civil Service Board for a two (2) year term ending April 1, 2009. Based
upon the rotation system, the appointment will be made by Commissioner Montague
(Seat #4). (appointed Eric Luckman and approved, 4-U)
G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD• Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending
January 14, 2010. Based upon the rotation system, the appointment will be made by
Commissioner Montague (Seat #4). (Appointed George Thacker and approved, 4-0)
H. OFFICIAL MUNICIPAL ELECTION RESULTS• Canvass the returns, and
declare the official results of the March 13, 2007 First Nonpartisan Election. (Approved,
a-o)
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10. PUBLIC HEARINGS:
A. ORDINANCE NO 59-06 (SECOND READING/SECOND PUBLIC
HEARRINGI: Privately sponsored Future Land Use Map amendment (small-scale)
from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) for an 8.27
acre portion of the Christ the King Monastery of St. Clare and rezoning from CF
(Community Facilities) to R-1-AA (Single Family Residential) and associated reduction
of lot frontage and lot width requirements for proposed Lots 17 and 22 within the
subdivision at Christ the King Monastery of St. Clare, Inc., located at the southeast
corner of Sherwood Boulevard and Sutton Place. (Quasi Judicial Hearing)
(,Approved, 4-1))
B. ORDINANCE NO 68-06 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendments to multiple sections of the Land
Development Regulations (LDR) Section 1.4.3, "Enforcement", Section 1.4.4,
"Penalty", Section 2.2.6, "'The Historic Preservation Board", Section 2.4.6, "Procedures
for Obtaining Permits and Approvals", Section 3.2.4, "Standards for Specific Areas or
Purposes", Section 4.1.4, "Use of Lots of Record", Section 4.3.3, "Special Requirements
for Specific Uses", Section 4.4.17, "Residential Office District", Section 4.4.24, "Old
School Square Historic Arts District", Section 4.5.1, "Historic Preservation Sites and
Districts", and Appendix "A", Definitions, as recommended after a comprehensive
review of the Delray Beach Historic Preservation Design guidelines. (Motion to approve
Ordinance No. C8-O6 on second reading; DENIED, 3-1. Mayor Perlman dissenting)
C. ORDINANCE NO 12-07• City initiated amendment to the Land Development
Regulations (LDR), enacting Section 2.4.11, "Developer's Agreements", to allow the
City to enter into Developer's Agreements, when it is in the best interest of the City.
(Commissioner Levinson away from dais; Approved, 3-0)
D. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC• Consider approval of
a development agreement with Cannery Row, LLC regarding the purchase and use of
the Community Facility Property and the dedication of the Park Property located in the
Cannery Row Development. (Approved, 3-0)
E. ORDINANCE NO. 9-07• Rezoning of a 0.78 acre parcel of land from GC (General
Commercial) to Automotive Commercial for Delray Cycle, located on the east side of
Dixie Highway, approximately 1,250 feet south of Gulf Stream Boulevard. (Quasi-
JudiCial Hearing) (Approved, 3-0; Commissioner Levinson returned to dais and
Commissioner Montague stepped away from dais)
CONDITIONAL USE REQUEST/DELRAY CYCLE• Consider a request
to establish a full service vehicle repair facility in conjunction with the sale of
motorcycles and motorcycle accessories within the AC (Automotive
Commercial) District on a 0.78 acre site located at 2455 N. Old Dixie Highway,
approximately 1,250 feet south of Gulf Stream Boulevard. (Quasi Judicial
Hearing) (Motion to adopt board order as set forth; Approved, 3-0)
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F. ORDINANCE NO 10-07• Privately initiated amendment to the Land Development
Regulations (LDR), Section 4.4.19, "Mixed Industrial and Commercial District", Section
4.5.15, "The I-95/CSX Railroad Corridor Overlay District"; and Article 4.7, "Family
Workforce Housing", to provide regulations associated with the creation of a new
Workforce Housing Overlay District. (Approved, 4-0; Commissioner Montague returned to
dalti)
G. RESOLUTION NO 20-07 (FIRST READING/FIRST PUBLIC HEARINC~,~
Consider approval and adoption of Resolution No. 20-07 designating the area within
the boundaries of the Carver Square Redevelopment area of the Community
Redevelopment Agency (CRA) as a Brownfield Area for rehabilitative purposes. If
passed, a second public hearing will be scheduled for April 10, 2007. (Mayor Perlman
declared a Conflict of Interest, passed the gavel to Deputy Vice Mayor Fetzer and left the dais.
,lppro~~ed, 3-0)
H. ORDINANCE NO 11-07• Privately initiated amendments to the Land Development
Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.2,
"Applicability," to allow payment of a fee to the Dekay Beach Community Land Trust
in lieu of providing Workforce Housing units on site in order to qualify for increased
height or density in the CBD (Central Business District). (Appro~red, 3-0)
I. ORDINANCE NO 8-07 (SECOND READING/SECOND PUBLIC
HEARINGI: City initiated amendment to the Land Development Regulations (LDR)
Article 4.5 "Overlay and Environmental Management Districts", Section 4.4.9, "General
Commercial District" and Section 4.4.12, "Planned Commercial District", to
accommodate redevelopment at the intersection of West Atlantic Avenue and Military
Trail. (Approved, 4-0; Mayor Perlman returned to dais)
J. ORDINANCE NO 13-07• City initiated amendment to the Land Development
Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program", Subsection
8.5.1(C), "Ownership and Maintenance", and Section 8.5.2, "Public Art Advisory
Board", to provide clarification as to the use of funds for the Public Arts Program.
(Approved, 3-0; Commissioner Montague away from dais)
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. NONE
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13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: MARCH 16, 2007
****** Meeting adjourned at 11:07p.m. *****~
03-20-2007
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