02-01-11 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
~ ~ ~r
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, February, 2011 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 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
Delray Beach, Florida 33444 The City wiIl furnish auxiliary aids and ser~Tices 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.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
A. January 18, 2011 -Regular Meering (Approved, 5-0)
6. PROCLAMATIONS:
A. Recognizing 2-1-1 Awareness Week -February 11 - 17, 2011
B. Recognizing Delray Beach American Little League for 40 Years of Service
7. PRESENTATIONS:
A. Site Plan Review and Appearance Board (SPRAB) Awards
8. CONSENT AGENDA: City Manager Recommends Approval (Approved, 5-0)
A. QUEST FOR SIDEWALK DEFERRAL AGREEMENT/418 N.W. 14`''
STREET: Approve a request to defer the installation of a sidewalk along N.W. 14th
Street for the property located at 418 N.W. 14th Street.
B. AGREEMENT/PALM BEACH COUNTY/AUBURN AVENUE PROJECT:
Approve an Agreement with Palm Beach Count= which provides for reimbursing the
Cit= $1,000,000.00 for the costs associated with the Auburn Avenue project.
C. SERVICE AUTHORIZATION NO. 07-17/MATHEWS CONSULTING
INC. /AREA 12A RECLAIMED WATER SYSTEM: Approve Service
Authorizarion No. 07-17 to Mathews Consulting, Inc. in the amount of X179,963.00 for
professional engineering services in the design of the Area 12A Reclaimed Water
System. Funding is available from 441-5161-536-68.73 (Water and Sewer Fund:
Improvements Other/Reclaim Water, Area 12A).
D. LANDSCAPE MAINTENANCE AGREEMENT/CROSSWINDS SINGLE
FAMILY HOME ASSOCIATION: Approve a Landscape Maintenance Agreement
with Crosswinds Single Fami1~= Home Association to install eight (8) beds of annuals
within the Cit= right-of-wad= in front of the intersections of Homewood Boulevard and
Azalea Court, Begonia Court, Carnation Court and Dracaena Court.
02/01/2011
-2-
E. LANDSCAPE MAINTENANCE AGREEMENT/909 SOUTH OCEAN
BOULEVARD: Approve a Landscape Maintenance Agreement with Robert A. Beck
II for the installation of new shrubs within the City= right-of-wad= in front of 909 South
Ocean Boulevard.
F. AMENDMENT NO. 4 TO THE SUB-RECIPIENT HOUSING
PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND
TRUST, INC.: Approve Amendment No. 4 to the Sub-Recipient Housing
Partnership Agreement between the Citj= and the Delray=Beach Community= Land Trust,
Inc. for the purposes of subsidizing the costs associated with affordable housing units
within the Community= Land Trust.
G. ELITE PROTECTION SERVICES AGREEMENT: Approve renewal of the
agreement with Elite Protection Services to provide Advanced Life Support (ALS)
Services, on a First Responder basis for Delaire Countrj= Club.
H. RESOLUTION NO. 07-11: Approve Resolution 07-11 assessing cost for abatement
action required to remove nuisances on three (3) properties throughout the Citj=.
I. FY 2011 PROPOSED PERFORMANCE MEASURES/GOLF COURSES AND
TENNIS FACILITIES: Approve proposed performance measures for FY 2011 for
the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities.
J. SERVICE AUTHORIZATION NO. 17/SPATIAL FOCUS, INC.: Approve
Service Authorization No. 17 with Spatial Focus, Inc. in the amount of $9,950.00 for
technical assistance related to the SunGard Public Safety= software project. Funding is
available from 334-2111-521-31.90 (General Construction Fund: Professional
Services/other Professional Services).
K. SPECIAL EVENT REQUEST/14th ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request to endorse the 14th Annual
Downtown Delra~= Craft Festival sponsored b~= Howard Alan Events, Ltd. to be held
May 28 - 29, 2011 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic
Avenue north to the south side of the entrance to Atlantic Grove townhomes and use
of the Tennis Center parking lot and to provide staff support for traffic control and
security=, barricading and fire inspection services; contingent upon receipt of a Certificate
of Liabilitj=Insurance.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
January 17, 2011 through January 28, 2011.
02/01/2011
-3-
M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to A & A Associates in the amount of $35,840.50 for private security=
services from February 14-28, 2011 for the Champions/World Tour Tennis
Tournament. Funding is available from 001-4210-575-55.40 (General Fund:
Recrearional Supplies/Tennis Tournament).
2. Contract award to Brang Construction, Incorporated, the lowest responsive
bidder, in the amount of $325,900.00 for the construction of twentj=-three (23)
bus shelters utilizing ARRA grant funds. Funding is available from 101-3163-
544-65.70 (ARRA Economic Stimulus: Other Improvements/Transit Stop Bus
Shelters).
3. Contract award to Dr. Craig B. Kushinir D.O., in the amount of $22,000.00 for
the posirion of Medical Director for the Fire Rescue Department. Funding is
available from 001-2315-526-31.90 (General Fund: Professional Services/Other
Professional Services).
4. Contract awards to Municipal Lighring in the amount of $44,375.00 for the
maintenance and installation of ten (10) decorative street light standards and
LED fixtures to replace standards being removed on Atlanric Avenue, due to
rust and corrosion. Funding is available from 334-3162-541-46.14 (General
Construcrion Fund: Repair & Maintenance Services/Atlanric Avenue Street
Light Replacement).
5. Purchase award to Ferguson Enterprises, Inc. in the amount of $93,335.56
for piping materials to be installed b~= the Citj='s construction crew for the S.W.
3rd Street and 6th Avenue Water Main Upgrade. Funding is available from 442-
5178-536-68.62 (Water and Sewer Renewal & Replacement Fund:
Improvements Other/S.W. 3rd Street & 6th Avenue WM Upgrade).
6. Purchase award to Zoll Medical Corporation in the amount of $61,645.00 to
purchase four (4) Zoll Medical Auto Pulses for the remaining ALS transport
units. Funding is available from 334-2311-522-64.90 (General Construction
Fund: Machinery=/Equipment/Other Machinerj=/Equipment).
7. Purchase award to CDW Government in the amount of $64,256.49 for fifteen
(15) Panasonic Toughbook computers and related hardware. Funding is
available from 334-2311-522-64.11 (General Construction Fund:
Machinerj=/Equipment/Computer Equipment).
02/01/2011
-4-
9. REGULAR AGENDA:
A. WAIVER REQUESTS/362 N.E. 3rd AVENUE: Consider approval of two (2)
requested waivers to Land Development Regulations (LDR) Section 4.6.9 (D)(3)(b),
"Point of Access to the Street System", to allow 20' in width where 24' minimum width
is required and to (LDR) Section 4.6.16 (H) (3) (d), "New Multiple Family, Commercial,
and Industrial Development", to allow a reduction in the required five foot (5')
landscape strip separating vehicular use areas and adjacent properties for a proposed
public parking lot at 362 N.E. 3rd Avenue. (Quasi-judicial Hearing) (~~Iotion to adopt
l_7oard order as presented; 1lppro~-ed, 5-0)
B. REOUETT FOR AN IN-LIEU OF PARKING SPACE /CAFE DE FRANCE:
Consider a request from Cafe De France for the purchase of one (1) in-lieu of parking
space in the amount of $15,600.00 to accommodate an expansion of use. Cafe de
France is located at 110 East Atlantic Avenue. (Quasi Judicial Hearing) (1~~Iotion to
adopt l_7oard order as presented; 1lppro~-ed, 5-0)
C. QUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK
FACILITIES FOR ALL PEOPLE'S DAY® DIVERSITY FESTIVAL: Consider a
request that the Citj=waive facilitj= rental fees and provide staff support at Pompey Park
on March 27, 2011 from 9:00 a.m. - 6:00 p.m. for the All People's Day® Diversitj=
Festival (ilLotion to appro~-e request, Denied, 5-0)
D. SPECIAL EVENT REQUEST/VIVA SOUTH FLORIDA: Consider approval of
a new event, VIVA South Florida, sponsored by Pegasus Entertainment to be held on
September 9-10, 2011 from 12:00 noon to 11:00 p.m., and September 11, 2011 from
12:00 noon to 8:00 p.m., to grant a temporarj= use permit per LDR Section 2.4.6(F) for
use of the Citj= rights-of--way to include N.E. 1st Avenue from Atlantic north to the
garage entrance and Swinton from Atlantic to approximately N.E. 1st Avenue, to
authorize staff support for traffic control and securitj=, site cleanup and trash removal,
electrician assistance, barricading assistance, event signage, EMS assistance, trash boxes
and use of a Citj= generator; contingent upon meeting the conditions listed in the staff
report (ilLotion to appro~-e sul_7jec~t to conditions as outlined 1.7y staff; 1lppro~-ed, 5-0)
E. SPECIAL EVENT REOUETT/ASIAN FOOD FAIR AND CULTURAL
SHOW: Consider approval of a special event request to allow the 8th Annual Asian
Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be
held on March 19-20, 2011 from 12:00 noon until 10:00 p.m. on the grounds of Old
School Square and in the Old School Square Park; to grant a temporarj= use permit per
LDR Section 2.4.6(F) for the closure and use of a portion of N.E. 1st Avenue, to
authorize staff support for traffic control and securitj=, site cleanup and trash removal,
EMS assistance, standard event signage and assistance with banner hanging; use of the
Old School Square Garage, North Citj= Hall Parking lot, Citj= generator if needed and
three generator lights; and to waive to the Event Policies and Procedures to allow more
than two (2) major events in March; contingent upon meeting the conditions listed in
the staff report (ilLotion to approve,llppro~-ed, 5-0)
02/01/2011
-5-
F. RESOLUTION NO. 06-11: Consider approval of Resolution No. 06-11 amending
Resolurion No. 01-11 to allow for cancellarion of the special elecrion regarding
Commission terms if it is determined that there will not be a contested elecrion for a
commission seat (ilLotion to approve,llppro~-ed, 5-0)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 01-11: Modification to the Gulf Stream Building Sr1D (Special
Acriviries District) Ordinance 39-90, to reclassify= the uses listed within the ordinance
from condirional uses to principal (permitted uses) and to expand the list of uses to add
"one residential condominium on the 5th floor with a maximum of 4,925 sq. ft and a
maximum of four bedrooms. The Gulf Stream Building n/k/a HHH Bush Building is
located on the north side of George Bush Boulevard east of the Intracoastal Waterway=
at 1177 George Bush Boulevard. (~~Iotion to approve, Approved, 5-0)
B. RESOLUTION NO. 04-11/REVISED CONTRACT FOR SALE AND
PURCHASE/3740 LANCEWOOD PLACE: Consider approval of Resolurion No.
04-11, a revised contract for sale and purchase, authorizing the Citj= to sell
Neighborhood Stabilizarion Program propertj= located at 3740 Lancewood Place to
Lana Ritz for the amount of $200,000.00 and provide a subsidy= of up to $40,000.00
secured by a promissory note and second mortgage. (~1~~Iotion to approve, Approved, 5-0)
11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. Citj=Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. None
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: January 28, 2011
02/01/2011
-6-