REGULAR MEETING AGENDA BOCA RATON CITY COUNCIL OCTOBER 24, 2017 06:00 PM 1. INVOCATION: 2. PLEDGE OF ALLEGIANCE TO THE FLAG: 3. ROLL CALL: Mayor Susan Haynie Deputy Mayor Jeremy Rodgers Council Member Andrea Levine O'Rourke Council Member Scott Singer Council Member Robert S. Weinroth 4. AMENDMENTS TO THE AGENDA: 5. MINUTES: A. of the City Council and GBR Beach & Park District Joint Meeting of September 26, 2017 B. of the Special Meeting of October 2, 2017 C. of the Final Budget Hearing of October 2, 2017 D. of the Workshop Meeting of October 10, 2017
E. of the Regular Meeting of October 10, 2017 6. PROCLAMATIONS/PRESENTATIONS: A. Proclamation Fill the Boot Days Proclamation 7. BOARD APPOINTMENTS (Prior to consideration of motions to approve board appointments, the Mayor shall provide for public comment.) A. Builders Board of Adjustment and Appeals Vacancy Sheet B. Citizens Pedestrian and Bikeway Advisory Board Vacancy Sheet and Application C. Civil Service Board Vacancy Sheet and Applications D. Executive Employees Retirement Plan Vacancy Sheet and Applications E. Financial Advisory Board Vacancy Sheet and Application 8. RESPONSES TO WORKSHOP INFORMATION REQUESTS: 9. CONSENT AGENDA (Prior to consideration of a motion to approve the Consent Agenda, the Mayor shall provide for public comment. Those items removed from the Consent Agenda will be considered immediately following the vote on the Consent Agenda or as otherwise directed by the City Council.)
A. Sealed Bids 1) V.B.I.E.D. Robot and Training; Requested by Police Services; Remotec, Inc.; $269,949 2) Wastewater Sludge Polymer; Requested by Utility Services; Polydyne, Inc.; $158,000 3) Tactical Vests and Plates; Requested by Police Services; TYR Tactical, LLC; $119,575 Bids B. Intergovernmental Agreements 1) Janitorial and Sanitation Supplies; Requested by City Wide; Network Services Company by use of authorized service distributor Dade Paper & Bag Company; $147,100 2) Chiller Maintenance and Repair Services; Requested by City Wide; Trane U.S., Inc.; $87,609 3) Ballistic Vests, Plates, Helmets and Accessories; Requested by Fire Rescue Services; Point Blank Enterprises, Inc.; $82,776 Bids C. Sole Source 1) Valve Maintenance Trailer; Requested by Municipal Services; E.H. Wachs, Co.; $73,165 2) Original Equipment Manufacturer (OEM) Fuel System Module Kits and Maintenance; Requested by Municipal Services; E.J. Ward, Inc.; $55,775 Bids D. Emergency 1) Gravity Filter Repairs; Requested by Utility Services; Florida Design Contractor s Inc.; $152,350
Bid E. Resolution No. 132-2017 A resolution of the City of Boca Raton canceling and rescheduling certain workshop and regular meetings in 2018, as described more particularly herein; providing for severability; providing for repealer; providing an effective date Resolution No. 132-2017 F. Resolution No. 133-2017 A resolution of the City of Boca Raton authorizing the City Manager to execute Work Order No. 15 with Globaltech, Inc. for the purpose of professional engineering services for the Dixie Highway Reclaimed Water Main Extension; providing for severability; providing for repealer; providing an effective date Resolution No. 133-2017 G. Resolution No. 134-2017 A resolution of the City of Boca Raton authorizing the City Manager to execute Work Order No. 16 with Kimley-Horn and Associates, Inc. for the purpose of professional engineering services for the Downtown Decorative Street Lighting Upgrades Project; providing for severability; providing for repealer; providing an effective date Resolution No. 134-2017 H. Employee Election Certification 1) Linda MacLaren to the Civil Service Board Certification I. Board Certification City Manager Appointee 1) Robert DiChristopher to the Executive Employees Retirement Plan Certification J. Board Received 1) Business Improvement District (BID) Steering Committee August 23, 2017 2) Community Appearance Board September 26, 2017
3) Parks and Recreation Board August 1, 2017 10. QUASI-JUDICIAL CONSENT AGENDA: (Prior to consideration of a motion to approve the Quasi-Judicial Consent Agenda, the Mayor shall provide for the opportunity for the public to request removal of any resolution for public hearing; the conduct of same will be governed by the quasi-judicial procedures attached to this agenda.) (If you are planning to speak during any public hearing under listed under Numbers. 11, 12, or 13, please state your name and address for the record and limit your remarks to five (5) minutes. The conduct of any public hearing under Number 11 will be governed by the "quasi-judicial procedures" attached to this agenda.) 11. QUASI-JUDICIAL AND RELATED PUBLIC HEARINGS: The public hearings on Items A., B., and C. will be conducted contemporaneously, as the petitions are related, and pursuant to quasi-judicial procedures as required for Ordinance No. 5414 and Resolution No. 119-2017. A separate vote will be taken on each ordinance and resolution. A. Ordinance No. 5413 (Requires four votes for adoption.) An ordinance of the City of Boca Raton considering a Universal Conditional Amendment to the Future Land Use Map of the Comprehensive Plan by redesignating certain property consisting of 2.03 acres, more or less, from Commercial (C) to Residential High (RH), located at 1 South Ocean Boulevard and 910 East Palmetto Park Road; providing for revisions to the Future Land Use Map; providing for repealer; providing an effective date (UC-16-06/SC) Ordinance No. 5413 B. Ordinance No. 5414 An ordinance of the City of Boca Raton considering a Universal Conditional Rezoning, pursuant to Article VI, Chapter 23, Code of Ordinances, of property consisting of 2.03 acres, more or less, from the Community Business (B-2) zoning district to the Multi-Family Residential (R-5-A) zoning district and of property consisting of 1.49 acres, more or less, from the Multi-Family (R-4) zoning district to the Multi-Family Residential (R-5-A) zoning district, located at 1 South Ocean Boulevard, 155 South Ocean Boulevard and 910 East Palmetto Park Road; providing for the appropriate revisions to the Zoning District Map; providing for repealer; providing an effective date (UC-16-06/ZC) Ordinance No. 5414 C. Resolution No. 119-2017 A resolution of the City of Boca Raton considering a site plan, pursuant to a Universal Condition (UC) request, to construct a seven (7) story multi-family residential condominium building, approximately 324,400 square feet with 70 units, with a technical deviation from Section 23-190(j), Code of Ordinances, to allow for a reduction in inbound reservoir distance to a gated entrance for a residential development located at 1 South Ocean Boulevard, 155 South Ocean Boulevard and 910 East Palmetto Park Road; providing for repealer; providing
an effective date (UC-16-06/SPA) Resolution No. 119-2017 Drawings *Due to large file size, please allow additional time for attachment to open.* 12. REGULAR PUBLIC HEARINGS: (Prior to consideration of a motion to approve any matter on the Regular Public Hearings section of the agenda, the Mayor shall provide for public comment.) A. Ordinance No. 5415 (Second of two public hearings.) An ordinance of the City of Boca Raton amending Chapter 28 Zoning, Code of Ordinances; amending Section 28-1326 to prohibit medical marijuana treatment center dispensing facilities in all zoning districts in the City, and clarifying the impact of a list of prohibited uses on authorized uses within zoning districts; amending Section 28-2 to provide a definition for medical marijuana treatment center dispensing facility; providing for severability; providing for repealer; providing for codification; providing an effective date (AM-16-03) Ordinance No. 5415 13. REGULAR PUBLIC HEARINGS/SETTLEMENTS: (Prior to consideration of a motion to approve any matter on the Regular Public Hearings/Settlements section of the agenda, the Mayor shall provide for public comment.) 14. INTRODUCTION OF ORDINANCES (Rule 1.13 of the City Code states that the Council shall not grant leave to any person to speak on any ordinance which is listed for the purpose of introduction only.) A. Ordinance No. 5420 An ordinance of the City of Boca Raton amending Chapter 28 Zoning, Code of Ordinances, relating to off-street parking provisions for electric vehicles; amending Section 28-1646 to provide for definitions related to electric vehicles; amending Sections 28-1648, 28-1649, 28-1650, 28-1653, and 28-1655 to provide for electric vehicle off-street parking provisions for multifamily residential, commercial, and industrial uses; providing for severability; providing for repealer; providing for codification; providing an effective date (AM-17-03) Ordinance No. 5420 B. Ordinance No. 5421 An ordinance of the City of Boca Raton amending Chapter 28 Zoning, Code of Ordinances, Definitions, to modify the definition of Established Grade for the purpose of changing the calculation for determining height of a building and established grade; and repealing Section 28-62, Code of Ordinances, Variances for Height of Single-Family Residences; providing for severability; providing for repealer; providing for codification; providing an effective date (AM-17-06) Ordinance No. 5421
C. Ordinance No. 5422 An ordinance of the City of Boca Raton amending Chapter 19 Buildings and Building Regulations, Code of Ordinances; adopting local amendments to the Florida Building Code for the purposes of participating in the National Flood Insurance Program s Community Rating System; establishing the minimum elevation requirement for residential buildings and structures in flood hazard areas and non-flood hazard areas; establishing the minimum elevation requirement for commercial and multifamily buildings and structures in flood hazard areas and non-flood hazard areas; establishing elevation criteria related to the minimum elevation requirement for both residential and commercial buildings and structures in all flood zone areas; amending the definition of substantial improvement to require accumulation of costs of improvements and repairs of buildings, based on issued building permits, over a 3- year period for buildings and structures in flood hazard areas; deleting Section 19-32 relating to permit exemptions for single-family dwellings; amending Section19-67 relating to permit exemptions; amending Section 19-107 relating to construction documents to require additional plans and documents for building permits of residential and commercial buildings and structures in all flood zone areas; amending Section 19-139 relating to building permit valuations; and amending Sections 19-225 and 19-226 regarding variances relating to elevation requirements and flood plain management, and to marine structures and drainage, and clarifying the variance review responsibilities of the Builders Board of Adjustment and Appeals; providing for severability; providing for repealer; providing for codification; providing an effective date (AM-17-07) Ordinance No. 5422 D. Ordinance No. 5423 An ordinance of the City of Boca Raton providing for the vacation and abandonment of a portion of a water and sewer easement located at 7200 Palmetto Circle North in Unincorporated Palm Beach County, as more specifically described herein; providing a condition for vacation and abandonment; approving and accepting a water and sewer easement deed over certain lands located at 7200 Palmetto Circle North in Unincorporated Palm Beach County; providing for severability; providing for repealer; providing an effective date (EA-17-04) Ordinance No. 5423 E. Ordinance No. 5424 An ordinance of the City of Boca Raton amending the fiscal year 2016-2017 budget through the Second Budget Amendment for Hurricane Irma; providing for severability; providing for repealer; providing an effective date Ordinance No. 5424 15. PUBLIC REQUESTS: (If you are planning to speak during public requests, please state your name and address for the record and limit your remarks to five (5) minutes.) 16. RESOLUTIONS AND OTHER BUSINESS:
(Prior to consideration of a motion to approve any matter on the Resolutions and Other Business section of the agenda, the Mayor shall provide for public comment.) A. Resolution No. 130-2017 (For public hearing) A resolution of the City Council of the City of Boca Raton concluding the selection procedures specified in Section 3 of Ordinance No. 5406 in connection with the potential sale of the City s Municipal Golf Course West; selecting a purchaser of the City s Municipal Golf Course West and determining that selection to be in the best interests of the City; providing for severability; providing for repealer; providing for an effective date Memo Resolution No. 130-2017 B. Ordinance No. 5410 (For introduction) An ordinance of the City of Boca Raton authorizing the sale of a parcel of City-owned land consisting of approximately 188.158 acres and located at 8111 Golf Course Road, Palm Beach County (known as the City s Municipal Golf Course West), pursuant to Section 13-74, Code of Ordinances, and the specific provisions and procedures of Ordinance No. 5406; providing for severability; providing for repealer; providing an effective date Ordinance No. 5410 17. QUASI-JUDICIAL PUBLIC HEARINGS/VARIANCES & APPEALS (If you are planning to speak during any of the public hearings under section 17, please state your name and address for the record and limit your remarks to five (5) minutes. The conduct of these hearings will be governed by the quasi-judicial procedures attached to this agenda.) (Prior to consideration of a motion to approve any matter presented under Sections 18, 19 or 20 of the agenda, the Mayor shall provide for public comment.) 18. CITY MANAGER RECOMMENDATIONS AND REPORTS: 19. CITY ATTORNEY REPORTS: 20. MAYOR AND COUNCIL MEMBER REPORTS: 21. ADJOURNMENT: NOTICES Pursuant to F.S. 286.0105, if any decision of City Council affects you, and you decide to appeal any decision made at this meeting with respect to any matter considered, you will need a record of the proceedings and, for such purposes, you may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This NOTICE is required by State Law. If you desire a verbatim transcript, you shall have the responsibility,
at your own cost, to arrange for the transcript. Pursuant to Chapter 2 (Administration), Article VIII (Lobbyist Registration), Sections 2-351 through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who acts as a lobbyist must register at Palm Beach County s Lobbyist Registration site, www.pbcgov.com/legislativeaffairs/lobbying.htm, prior to engaging in lobbying activities before City of Boca Raton staff, boards, committees and/or the City Council, or any member thereof. Quasi-Judicial Public Hearing Procedures 1. Any hearing listed on the agenda as a quasi-judicial public hearing will be conducted pursuant to these rules. This means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, and on the materials, which are in the official City file on this application at the end of the hearing. 2. At the beginning of the hearing, the members of the City Council will announce for the record any ex parte contacts not previously disclosed in writing and included in the official City file. The name of the person with whom the contact occurred and the subject matter of the discussion will be disclosed. 3. The City Attorney will announce that each applicant/petitioner requesting approval, relief or other action from the City Council, planning and zoning board, community appearance board, or the zoning board of adjustment shall disclose, at the commencement (or continuance) of the public hearing(s), any consideration provided or committed directly, or on its behalf, for an agreement to support, or withhold objection to, the requested relief or action. 4. The City Clerk will administer an oath to all persons who intend to testify at this hearing. Any person who intends to testify at this hearing is asked to fill out a card, which can be found in the rear of the Council Chamber. The purpose of this card is to provide an accurate record of an appearance at this hearing. Please hand the card to one of the clerks in the front of the chamber. 5. The City staff will make an initial presentation. The applicant/petitioner will then make a presentation. During the staff and applicant/petitioner s presentation, only the members of the City Council are permitted to ask questions. 6. After the applicant/petitioner s presentation, all other parties who are present to testify and/or provide written or other evidence for inclusion in the record will be permitted to do so. No person may give/yield time to any other person. During this time, only the members of the City Council are permitted to ask questions. 7. After the staff, the applicant/petitioner and other interested parties have made their presentations, persons will be permitted to cross-examine participants in the hearing, including the staff and the petitioner, in order of their appearance at the hearing. Anyone who testifies at the hearing should remain until the conclusion of the hearing in order to be able to respond to any questions. 8. After the questions have been asked and answered, the applicant/petitioner shall be provided with an opportunity for a brief rebuttal and summary. 9. The Mayor will then declare the public hearing closed, and a motion will be made regarding the matter. The Council will then proceed to discuss the matter and vote on the matter. 10. For purposes of an appeal to the City Council filed by a third party (a party other than the initial applicant), the following clarification is provided: both the appellants (the party who filed the appeal) and the appellee (the party whose interest has been challenged by the appeal) shall be afforded the same rights to an initial presentation, cross-examination and rebuttal as provided to the applicant/petitioner described above. The time allotted to the appellee shall be equal to the total
time allotted to the appellants.