05-03-11 Agenda Results Regular MeetingCity of Delray Beach
Regular Commission Meeting
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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 Maw, 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.
1. ROLL CALL. (ilLayor 1Lc~I7uffie al_7sent)
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
A. April 12, 2011 -Workshop Meering (Approved, 4-0)
B. April 21, 2011 -Regular Meering (Approved, 4-0)
6. PROCLAMATIONS:
A. Narional Preservation Month -May 2011
B. Knights of P~~thagoras Mentoring Network's Ladies of Distinction Dad= - Mad= 7, 2011
C. Travel and Tourism Week -May 7-15, 2011
D. Narional Emergency Medical Services Week -May 15-21, 2011
E. Narional Public Works Week -May 15-21, 2011
F. Water Reuse Week -May 15-21, 2011
7. PRESENTATIONS:
A. Recognizing and Commending Dale Medeiros for her multitude of volunteer service
hours with the City=, local and narional organizarions.
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved, 4-0)
A. RESOLUTION NO. 19-11: ABANDONMENT OF A UTILITY
EASEMENT/1110 WATERWAY LANE: Approve abandonment of a 5' x 100'
utility easement on the property located at 1110 Waterway Lane.
B. TRANSPORTATION ENHANCEMENT PROGRAM GRANT PROPOSAL
PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPOI:
Authorize submitring a Transportation Enhancement Program Grant Proposal to the
Palm Beach Metropolitan Planning Organization (MPO) for beautification
improvements along N.E. 2nd Avenue within the Del-Ida Park Historic District.
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C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/B & O
CONSTRUCTORS, INC.: Approve Contract Closeout (Change Order No. 1 /Final)
to B & O Constructors, Inc. in the amount of a X1,225.21 decrease and a final payment
amount of $8,550.31 for completion of the Munnings/Williams House Rehabilitarion
Project. Funding is available from 334-4851-575-62.89 (General Construction Fund:
Buildings; Munnings/Williams Rehabilitation).
D. SERVICE AUTHORIZATION 07-05/WANTMAN GROUP/S.W. 10TH
AVENUE WATER MAIN UPGRADES: Approve Service Authorization No. 07-05
with Wantman Group in the amount of $48,846.00 for design of a water main upgrade
on S.W. 10th Avenue from S.W. 2nd Street to West Atlantic Avenue. Funding is
available from 442-5178-536-68.76 (Water & Sewer Renewal & Replacement Fund:
Improvements Other/S.W. 10th Avenue WM).
E. AMENDMENT NO. 1 TO THE ALTERNATIVE WATER SUPPLY
GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT
(SFWMD~ Approve Amendment No. 1 to the Alternative Water Supp1~= Grant with
South Florida Water Management District (SFWMD) to reduce funding from
X210,900.00 to X154,800.00 for the Area 11B Reclaimed Water System expansion.
Funding due to the grant reduction is available from 441-5181-536-65.96 (Water &
Sewer Fund: Other Improvements/Reclaim Water Transmission).
F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBGI /HOUSING
REHABILITATION CONTRACT AWARDS: Approve two (2) Housing
Rehabilitarion contract awards for 1414 N.W. 2nd Avenue and 1417 S.W. 4th Street
to Citevide Construction Services, Inc., the lowest responsive bidder, in the amount of
$58,476.45 for housing rehabilitation grants under the Communitj= Development Block
Grant (CDBG). Funding is available from 118-1963-554-49.19 (Neighborhood Services:
Other Current Charges/Housing Rehabilitation).
G. HOUSING REHABILITATION BID AWARDS FOR NEIGHBORHOOD
STABILIZATION PROGRAM (NSP~ Award three (3) NSP Housing
Rehabilitarion projects through the Community= Development Division to CJ
Contracting, LLC. in the amount of X34,431.60 for 2216 N.E. 3rd Avenue; r1ll Phase
Roofing & Construction, Inc. in the amount of X27,120.45 for 125 N.W. 12th Avenue
and to Ha~~vood Construction in the amount of $43,097.25 for 1505 S.W. 3rd Court.
Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital
Outlay=/Acquisition Rehabilitation).
H. ADOPTION OF DELRAY BEACH PEDESTRIAN/BICYCLE TASK TEAM
FINAL REPORT: Approve formal adoprion of the Delra~= Beach Pedestrian/Bic~=cle
Task Team Final Report.
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I. SPECIAL EVENT REQUEST/AVDA 5K WALK/RUN: Approve a special event
request to endorse the 14th Annual Aid to Victims of Domestic Abuse, Inc. (AVDA)
5K Walk/Run to be held on Saturday, October 15, 2011 from 7:30 a.m. until
approximately= noon, with set up at 5:00 a.m., to grant a temporarj= use permit per LDR
Section 2.4.6(F) for the use of Anchor Park and the City= right-of-wad= along Ocean
Boulevard from Bucida Road to George Bush Boulevard, to waive parking meter fees in
the Anchor Park and Sandowa~=lots from 5:00 a.m. to 11:00 a.m., and to authorize staff
assistance for providing traffic control, barricading, signage, trash clean up and removal,
Citj=generator use, and set up and use of the small stage.
J. SPECIAL EVENT REQUEST/4th OF JULY FESTIVITIES: Approve a special
event request for the 4th of July= Festivities, including granting a temporarj= use permit
per LDR Section 2.4.6(F) for the closure of Atlanric Avenue from the east side of
N.E./S.E. 7th Avenue to Ocean Boulevard, and from the south side of Thomas Street
to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive
Code of Ordinances Sections 101.25 "Commercial Enterprises" and 101.32
"Assemblies" to allow assembly= on the beach and vendors; to allow all beach parking
lots to remain open until approximately= midnight; and to approve staff support for
securitj= and traffic control, street barricading and banner hanging, large stage set up and
use, EMS support, use of City= generator, signage, and clean up and trash removal.
K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made b~= the Land Development Boards for the period
April 18, 2011 through April 29, 2011.
L. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Spearhead Development Group, Inc. in the amount of
$102,999.80 for the construction of several sidewalk improvements
associated with the Communitj= Improvement Sidewalk Phase II project.
Funding is available from 118-1965-554-63.11 (Neighborhood Services:
Improvements -Other/Bikepaths/Sidewalks).
2. Purchase award to Sensus USA, Inc. in the amount of $241,500.00 for the
purchase of 2,000 one inch and 3/4 inch water meters. Funding is available
from 442-5178-536-61.81 (Water & Sewer Renewal & Replacement Fund:
Land/Water Meter Replacement Program).
3. Contract award to Foster Marine Contractor's, Inc. in the amount of
X1,586,019.82 for the construction of improvements on S.W. 12`~
Avenue/Auburn Avenue/S.W. 14`h Avenue from S.W. 10`h Street to West
Atlanric Avenue. Funding is available from 334-3162-541-68.04 (General
Construction Fund: Other Improvement/S.W. 12`h Avenue/Auburn/14`h
Avenue), 448-5461-538-68.04 (Storm Water Utilitj= Fund: Other Improvement/
S.W. 12`~ Avenue/Auburn/14`h Avenue) and 442-5178-536.68-04 (Water &
Sewer Renewal & Replacement Fund: Improvements Other/ S.W. 12`h
Avenue/Auburn/14`h Avenue).
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9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/VETERANS OF FOREIGN WARS (POST
41411: Consider approval of a condirional use request to allow the Veterans of Foreign
Wars (VFW) Post 4141 to establish a fraternal lodge within an exisring 2,783 sq. ft.
commercial building in the GC (General Commercial) zoning district, located at 802
S.E. 5th Avenue. (Quasi Judicial Hearing) (1~~Iotion to adopt board order as presented;
1lppro~-ed, 4-0)
B. WAIVER REQUESTS/ FRANKLIN AT DELRAY BEACH: Consider approval
of four (4) waiver requests associated with the Franklin at Delra~= Beach development,
located on the west side of South Federal Highway=, south of S.W. 10th Street and north
of the Plaza at Delray=, including waivers to Land Development Regulations (LDR)
Section 4.3.4 (H) (6) (b), "Special Landscape Setbacks", which requires a 25' special
landscape setback along Federal Highway; Section 4.6.9(D)(3)(c)(1), "Stacking
Distance", which requires a 50' stacking distance for all driveway= connections; Section
6.1.3(B), "Sidewalk Design Requirements", which requires a minimum width of 5' for
the internal sidewalks and Section 4.6.2(B), "Distance between Residenrial Buildings",
which requires a building separarion of 79.78' between buildings #6 and #7. (Quasi-
,judicial Hearing (~1~~Iotion to adopt board order as presented; Approved, 4-0)
C. TEMPORARY USE PERMIT/DAUGHTER OF ZION SEVENTH-DAY
ADVENTIST CHURCH: Consider a request for a temporarj= use permit b~=
Daughter of Zion Seventh-Dad= Advenrist Church to erect a tent on a vacant block
owned b~= the Delra~= Beach Housing Authoritj= (DBHA), located on SW 12th Avenue
and 10th Street, from July 7, 2011 to August 13, 2011 to conduct six (6) weeks
of nighty= services from 7 p.m. to 9 p.m. and community= outreach programs on
Mondays and Wednesdays from 6 p.m. to 7 p.m. (1~~Iotion to approve per staff
recommendation; 1lppro~-ed, 4-0)
D. ASSIGNMENT OF VALET PARKING QUEUE ON N.E. 2ND AVENUE
FORMERLY OPERATED BY KYOTO SUSHI: Consider requests to assign the
valet parking queue on N.E. 2nd Avenue formerly operated by Kyoto Sushi. (1~~Iotion to
appro~-e assignment to "I'ramonti's l_7ased on the condition that they charge the fees and do the
letter as far as ~,vorking ~,vith other restaurants as contained in the staff report;llppro~-ed, 4-0)
E. APPOINTMENT TO THE GREEN IMPLEMENTATION
ADVANCEMENT BOARD: Appoint one (1) alternate member to the Green
Implementarion Advancement Board to serve an unexpired term ending July 31, 2011.
Based upon the rotation s~=stem, the appointment will be made b~= Commissioner
Carney (Seat #1). (Appointed Yalmaz Siddigtu and approved, 4-0)
10. PUBLIC HEARINGS:
A. RESOLUTION NO. 12-11: TRANSFER OF PROPERTY AT ZEDER
AVENUE: Consider approval of Resolution No. 12-11 authorizing the City to transfer
a vacant property= located at Southridge Lot 20 Block 10 (Zeder Avenue) to the
Community Land Trust (CL"I~ for affordable housing. (1~~Iotion to approve, Approved, 4-0)
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B. ORDINANCE NO. 15-11: Consider amending Chapter 33, "Police and Fire-Rescue
Departments"; Secrion 33.62, "Benefit Amounts and Eligibility', Subsection (E),
"Disabilitj= Rerirement Provisions", Sub-Subsecrion (5), "Disabilitj= Rerirement
Benefits", to increase the minimum service incurred disabilitj= benefit for firefighters;
and amending Secrion 33.64, "Contributions", Subsecrion (A), "Member
Contributions", to increase member contributions for firefighters. (~~Iotion to approve,
1lppro~-ed, 4-0)
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. ORDINANCE NO. 16-11: Consider a city=-initiated amendment to the Land
Development Regularions (LDR) Section 4.3.3 (I), "Communitj= Residential Homes and
Group Homes", to remove an out-of--date reference to Section 4.3.3(D), "Residential
and Non-Residential Licensed Services Provider Faciliries". If passed, a public hearing
will be held on May 17, 2011. (Commissioner Fetzer left the dais. 1~~Iotion to approve,
1lppro~-ed, 3-0)
B. ORDINANCE NO. 17-11: Consider a city= initiated amendment to Land Development
Regularions (LDR) Secrion 4.4.29, "Mixed Residential Office and Commercial (MROC)
District", to clarify= allowable densities. If passed, a public hearing will be held on Mad=
17, 2011. (Commissioner Fetzer awa~~ from the dais. 1~~Iotion to approve, Approved, 3-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. Citj=Manager
B. Citj= Attorney=
C. Citj=Commission
POSTED: APRIL 29, 2011
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