10-18-11 Agenda Results Regular MeetingMicrosoft Word - 10-18-11 Agenda Results Regular Meeting.doc
City of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** City Commission Meeting Tuesday, October 18, 2011 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission
Chambers Delray Beach City Hall 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 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. 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 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. 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. 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774
10/18/2011 -2 -1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.A., USA Netball Association, Inc. Tournament -Carole
Hokrein, was added to the Presentations as an addendum; the applicant requested that Item 9.C., Consideration of an Appeal/Historic Preservation Board’s Decision/Class III Site Plan
Modification and Item 9.C.1., Consideration of an Appeal/Historic Preservation Board’s Decision/Waiver Request be postponed; Item 9.F. Bid Award/Randolph and Dewdney Construction, Inc.
was added to the Regular Agenda as an addendum. Approved as amended, 5-0). 5. APPROVAL OF MINUTES: A. September 13, 2011 – Workshop Meeting (Approved, 5-0) B. October 4, 2011 – Regular
Meeting (Approved, 5-0) 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. USA Netball Association, Inc. Tournament -Carole Hokrein (ADDENDUM) 8. CONSENT AGENDA: City Manager Recommends
Approval. (Approved as amended, 5-0) A. REQUEST FOR SIDEWALK DEFERRAL/1001 LEWIS COVE: Approve a request to defer the installation of sidewalk along Lewis Cove for property located at
1001 Lewis Cove. B. REQUEST FOR SIDEWALK DEFERRAL/975 BANYAN DRIVE: Approve a request to defer the installation of a sidewalk along Banyan Drive for property located at 975 Banyan Drive.
C. FINAL SUBDIVISION PLAT APPROVAL/LITTLE WOOD ESTATES: Approve the final subdivision plat for Little Wood Estates, located at the south end of N.W. 1st Avenue, between Woods Lane and
Trinity Lutheran Church. D. AMENDMENT NO. 1 TO THE AGREEMENT/PALM BEACH COUNTY: Approve Amendment No. 1 to the Agreement with Palm Beach County to extend the deadline to October 21,
2012 for completing improvements comprising the Auburn Avenue project.
10/18/2011 -3 -E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING PREVENTION COALITION (DPC): Approve an Interlocal Agreement with Palm Beach County for payment of swimming lesson fees
not to exceed $50.00 per class for the Learn to Swim Program at Pompey Park and the Delray Swim and Tennis Center through the Drowning Prevention Coalition of Palm Beach County. F. HOUSING
REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) and Residential Construction Mitigation Program
(RCMP) to the lowest responsive bidder for 316 N.W. 6th Avenue to Raymond Graeve & Sons Construction, Inc. in the amount of $28,090.46. Funding is available from 118-1963-554-49.19 (Neighborhood
Services: Other Current Charges/Housing Rehabilitation) and 118-1936-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). G. HOUSING REHABILITATION GRANT/CONTRACT
AWARD: Award one (1) Housing Rehabilitation contract to the selected contractor for Neighborhood Stabilization Program, All Phase Roofing & Construction, in the amount of $39,018.00
for 212 N.W. 14th Avenue. Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). H. CHANGE FUNDING SOURCE FROM DISASTER RECOVERY
INITIATIVE (DRI) TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING REHABILITATION CONTRACT AWARD: Approval to change the funding source from Disaster Recovery Initiative (DRI) to Community
Development Block Grant (CDBG) for the Housing Rehabilitation contract award for 354 N.W. 6th Avenue; and approval to exceed the maximum housing rehabilitation cost, established at $37,000.00
for an individual property under the Department’s approved Policies and Procedures to accommodate the total bid award of $37,875.95. Funding is available from 118-1963-554-49.19 (Neighborhood
Services: Other Current Charges/Housing Rehabilitation). I. GRANT APPLICATION: WALMART -HOLIDAY TOY PROGRAM: Provide authorization for submission of a grant application to Walmart in
the amount of $5,000.00 to support a Holiday Toy program for disadvantaged youth in collaboration with local Law Enforcement Officers. J. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE:
Approve a special event request to endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 10,
2011 beginning at approximately 6:00 p.m. to 9:00 p.m., grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from A-1-A to N.W. 5th Avenue
for the parade route and set up from approximately 4:00 p.m. to 6:00 p.m., and approve staff support for traffic control, security, EMS assistance, barricading, trash removal, clean
up, and event signage.
10/18/2011 -4 -K. SPECIAL EVENT REQUEST/HOWARD ALAN 23RD ANNUAL DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event request for the 23rd Annual Delray Beach Festival of the Arts
sponsored by Howard Alan Events, Ltd. to be held on January 21-22, 2012 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for use of City rights-of-way
on Atlantic Avenue from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th Avenue) for vendor parking; authorize staff support for security and traffic control,
barricade assistance, EMS assistance, fire inspection services, and permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event with
the sponsor paying all overtime costs. L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October
3, 2011 through October 14, 2011. M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to LV Superior Landscaping, Inc. in the estimated annual amount of $33,049.36 for landscape maintenance
of Stormwater Retention Areas. Funding is available from 448-5416-538.34-90 (Stormwater Utility Fund: Other Operating/Other Contractual Services). 2. Bid awards to LV Superior Landscaping,
Inc. in the amount of $19,696.94 for Landscape Maintenance of Lake Ida Road Medians, South Federal Highway and Congress Avenue. Funding is available from 119-4144-572-46.40 (Beautification
Trust Fund: Repair & Maintenance Services/Beautification Maintenance). 3. Contract award to Intercounty Engineering, Inc. in the amount of $237,142.00 for construction 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 Water Main). 4. Contract award to Line-Tec, Inc. in the amount of $70,681.00 for relocating water services as part of the Osceola Neighborhood Redevelopment Plan. Funding
is available from 442-5178-536-65.85 (Water & Sewer Renewal & Replacement Fund: Other Improvements; Osceola Park). 5. Purchase award to Airgas in the amount of $107,000.00 for delivery
of Liquid Carbon Dioxide (CO2) to be ordered “as needed”. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals). 6. Purchase award to Otto
Waste Systems, as a sole source provider, in the amount of $50,000.00 for purchase of hot stamped garbage carts, lids and wheels to be ordered “as needed”. Funding is available from
433-3711-534-49.35 (Sanitation Fund: Other Current Charges/Cart Renewal & Replacement). 7. Purchase award to Dumont Company, Inc. in the amount of $51,200.00 for the purchase and delivery
of Sodium Hypochlorite on an “as needed” basis to remote booster station locations. Funding is available from 441-5123-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
10/18/2011 -5 -8. Purchase award to CDW-Government in the amount of $346,873.44 and to Emergency Vehicle Supply (EVS) in the amount of $23,460 for the purchase and installation of sixty-eight
(68) In-Car video systems in police vehicles. Funding is available from 334-2111-521-64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/Equipment) and 115-2112-521-64.90
(Special Projects Fund: Machinery/Equipment/Other Machinery/Equipment). 9. REGULAR AGENDA: A. CONDITIONAL USE REQUEST/THE ELECTRIC EXPERIENCE: Consider a conditional use request to allow
the sale of Segways and Segway tours along designated routes for The Electric Experience located at 1047 East Atlantic Avenue. (Quasi-Judicial Hearing) (Motion to adopt board order as
presented; Approved, 5-0) B. WAIVER REQUESTS/BOUERI MIXED-USE BUILDING: Consider approval of six (6) waiver requests to Land Development Regulations (LDR) Section 4.4.13(F)(3) and Section
4.4.13(F)(4), “Principle Uses and Structures Permitted”, regarding the required building frontage and front setback along S.E. 1st Avenue and along S.E. 1st Street; Land Development
Regulations (LDR) Section 4.6.18 (B)(14)(iv)(2), “Windows and Doors”, to reduce the required 75% transparency surface to 49% in the building elevation along S.E. 1st Avenue and to 43%
along S.E. 1st Street; Land Development Regulations (LDR) Section 5.3.1(D)(3), “Corner Clip”, to reduce the required corner clip at the intersection of S.E. 1st Street and S.E. 1st Avenue
from 20’ by 20’ to 12’-11” by 12’-11”; Land Development Regulations (LDR) Section 6.1.3(b), “Additional Paving”, to reduce the required 8’ wide sidewalk along S.E. 1st Avenue and S.E.
1st Street to 5’ for Boueri Mixed-use Building, located at 104 S.E. 1st Street. (Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0) C. CONSIDERATION OF
AN APPEAL/HISTORIC PRESERVATION BOARD’S DECISION/CLASS III SITE PLAN MODIFICATION: Consider an appeal of the Historic Preservation Board’s denial of the Class III site plan modification
request for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing) POSTPONED 1. CONSIDERATION OF AN APPEAL/HISTORIC PRESERVATION BOARD’S DECISION/WAIVER REQUEST: Consider a waiver request to Land
Development Regulations (LDR) Section 4.5.1(E)(3)(b)(2), “Parking”, for six required parking spaces for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing) POSTPONED D. REQUEST TO CHALLENGE
THE FUNDING MECHANISM PERTAINING TO PALM BEACH COUNTY’S INSPECTOR GENERAL PROGRAM: Request authorization to allow the City Attorney to join Delray Beach with other municipalities in
a lawsuit challenging the funding mechanism pertaining to Palm Beach County’s Inspector General Program. (Motion to approve; Approved, 5-0)
10/18/2011 -6 -E. SPECIAL EVENT REQUEST/TWILIGHT BICYCLE RACE AND WELLNESS FESTIVAL: Consider approval and endorsement of a new event, Delray Beach Twilight Bicycle Race and Wellness
Festival, sponsored by RAC Event Productions/Swaggerolls to be held on March 9, 2012 from 9:00 a.m. to 11:00 p.m., and March 10, 2012 from 8:00 a.m. to 11:00 p.m.; grant a temporary
use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to Railroad Way, Railroad Way from Atlantic to N.E. 1st Street, N.E. 1st Street from Railroad
Way to Swinton and N.E. 1st Avenue from Old School Square grounds to Atlantic from approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 10, 2012 for the bike races; and authorize
staff support for traffic control and security, EMS assistance, trash removal and cleanup, trash boxes and event signage; contingent upon receipt of a nonrefundable deposit in the amount
of $2,000.00, copies of signed rental agreements with Old School Square and the City for use of Old School Square Park, receipt of a signed and notarized Hold Harmless Agreement and
receipt of a Certificate of Event Liability and Alcohol Liability Insurance by the dates outlined in the staff report. (Motion to approve subject to conditions; Approved, 5-0) F. BID
AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION, INC.: Consider approval of a bid award to Randolph and Dewdney Construction, Inc., in the amount of $456,710.00 for renovations to the Pompey
Park Concession Stand. Funding is available from 334-4127-572-62.10 (General Construction Fund/Pompey Park Concession Stand). (ADDENDUM) (Motion to approve subject to entering into an
Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding up to $200,000; Approved, 4-1. Commissioner Frankel dissenting) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 36-11
(SECOND READING/SECOND PUBLIC HEARING): Consider a privately initiated amendment to the Land Development Regulations (LDR) Section 4.4.9. (B), “Principle Uses and Structures Permitted”,
and Section 4.4.13 (B), “Principal Uses and Structures Permitted”, to clarify that bicycles with an electric helper motor are the only motorized equipment permitted in the “rental of
sporting goods and equipment” use category. (Motion to approve; Approved, 5-0) B. ORDINANCE NO. 39-11: Consider an amendment to the Code of Ordinance Section 72.02, “Definitions,” to
conform to the State Statute definition of a bicycle and to place further limitations on motorized bicycles. (Motion to approve; Approved, 5-0) C. RESOLUTION NO. 43-11/CONTRACT FOR SALE
AND PURCHASE/2216 N.E. 3RD AVENUE: Consider approval of Resolution No. 46-11, a contract for sale and purchase, authorizing the City to transfer Neighborhood Stabilization Program property
located at 2216 N.E. 3rd Avenue to the Delray Beach Community Land Trust for the amount of $10.00. (Motion to approve; Approved, 5-0)
10/18/2011 -7 -D. RESOLUTION NO. 44-11/CONTRACT FOR SALE AND PURCHASE/310 SOUTHRIDGE ROAD: Consider approval of Resolution No. 44-11, a contract for sale and purchase, authorizing the
City to transfer Neighborhood Stabilization Program property located at 310 Southridge Road to the Delray Beach Community Land Trust for the amount of $10.00. (Motion to approve; Approved,
5-0) E. RESOLUTION NO. 45-11/CONTRACT FOR SALE AND PURCHASE/518 S.W. 9TH COURT: Consider approval of Resolution No. 45-11, a contract for sale and purchase, authorizing the City to transfer
Neighborhood Stabilization Program property located at 518 S.W. 9th Court to the Delray Beach Housing Group, Inc. for the amount of $10.00. (Motion to approve; Approved, 5-0) F. RESOLUTION
NO. 46-11/CONTRACT FOR SALE AND PURCHASE/1505 S.W. 3RD COURT: Consider approval of Resolution No. 46-11, a contract for sale and purchase, authorizing the City to transfer Neighborhood
Stabilization Program property located at 1505 S.W. 3rd Court to the Delray Beach Housing Group, Inc. for the amount of $10.00. (Motion to approve; 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. 37-11: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.5.3, “Flood Damage Control Districts”, Subsection (D) “Construction Standards”,
to modify the section while maintaining compliance with State Statutes. If passed, a public hearing will be held on November 1, 2011. (Motion to REMOVE from agenda; Approved, 5-0) B.
ORDINANCE NO. 38-11: Consider an annexation (via the provisions of the executed Agreement for Water Service and Consent to Annexation) with initial City zoning of CF (Community Facilities)
for Lago Vista, located at the southeast corner of Linton Boulevard and the LWDD E-3 Canal. If passed, a public hearing will be held on November 1, 2011. (Motion to approve; Approved,
5-0) 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: OCTOBER 14, 2011 ****** Meeting adjourned at 7:57 p.m. ******
10/18/2011
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1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL. (Mayor McDuffie noted Item 7.A., USA Netball Association, Inc.
Tournament - Carole Hokrein, was added to the Presentations as an addendum; the applicant requested
that Item 9.C., Consideration of an Appeal/Historic Pres ervation Board’s Decision/Class III Site Plan
Modification and Item 9.C.1., Consideration of an Appeal/Historic Preservation Board’s
Decision/Waiver Request be postponed; Item 9.F. Bid Award/Randolph and Dewdney Construction,
Inc. was added to the Regular Agenda as an addendum. Approved as amended, 5-0).
5. APPROVAL OF MINUTES:
A. September 13, 2011 – Workshop Meeting (Approved, 5-0)
B. October 4, 2011 – Regular Meeting (Approved, 5-0)
6. PROCLAMATIONS:
A. None
7. PRESENTATIONS:
A. USA Netball Association, Inc. Tournament - Carole Hokrein (ADDENDUM)
8. CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
A. REQUEST FOR SIDEWALK DEFERRAL/1001 LEWIS COVE: Approve a
request to defer the installation of sidewa lk along Lewis Cove for property located at
1001 Lewis Cove.
B. REQUEST FOR SIDEWALK DEFERRAL/975 BANYAN DRIVE: Approve a
request to defer the installation of a sidewalk along Banyan Drive for property located at
975 Banyan Drive.
C. FINAL SUBDIVISION PLAT APPROVAL/LITTLE WOOD ESTATES:
Approve the final subdivision plat for Little Wood Estates, located at the south end of
N.W. 1st Avenue, between Woods Lane and Trinity Lutheran Church.
D. AMENDMENT NO. 1 TO THE AGREEMENT/PALM BEACH COUNTY:
Approve Amendment No. 1 to the Agreement with Palm Beach County to extend the
deadline to October 21, 2012 for completi ng improvements comprising the Auburn
Avenue project.
10/18/2011
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E. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING
PREVENTION COALITION (DPC): Approve an Interlocal Agreement with Palm
Beach County for payment of swimming lesson fees not to exceed $50.00 per class for
the Learn to Swim Program at Pompey Park and the Delray Swim and Tennis Center
through the Drowning Prevention Coalition of Palm Beach County.
F. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one
(1) Housing Rehabilitation c ontract through the Community Development Block Grant
(CDBG) and Residential Construction Miti gation Program (RCMP) to the lowest
responsive bidder for 316 N.W. 6th Avenue to Raymond Graeve & Sons Construction,
Inc. in the amount of $28,090.46. Fund ing is available from 118-1963-554-49.19
(Neighborhood Services: Other Current Cha rges/Housing Rehabilitation) and 118-
1936-554-49.19 (Neighborhood Services: Other Current Charges/Housing
Rehabilitation).
G. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one
(1) Housing Rehabilitation contract to the selected contractor for Neighborhood
Stabilization Program, All Phase Roofing & Cons truction, in the amount of $39,018.00
for 212 N.W. 14th Avenue. Funding is available from 118-1935-554-62.12
(Neighborhood Services: Capital Outlay/Acquisition Rehabilitation).
H. CHANGE FUNDING SOURCE FROM DISASTER RECOVERY
INITIATIVE (DRI) TO COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)/HOUSING REHABILITATION CONTRACT AWARD: Approval to
change the funding source from Disaster Recovery Initiative (DRI) to Community
Development Block Grant (CDBG) for th e Housing Rehabilitation contract award
for 354 N.W. 6th Avenue; and approval to exceed the maximum housing rehabilitation
cost, established at $37,000.00 for an in dividual property under the Department’s
approved Policies and Procedures to accommo date the total bid award of $37,875.95.
Funding is available from 118-1963-554-4 9.19 (Neighborhood Services: Other Current
Charges/Housing Rehabilitation).
I. GRANT APPLICATION: WALMAR T - HOLIDAY TOY PROGRAM:
Provide authorization for submission of a gran t application to Walmart in the amount
of $5,000.00 to support a Holiday Toy program for disadvantaged youth in
collaboration with local Law Enforcement Officers.
J. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve a
special event request to endorse the Annual Holiday Pageant Parade co-sponsored by
the Parks and Recreation Department and the Chamber of Commerce to be held on
December 10, 2011 beginning at approxim ately 6:00 p.m. to 9:00 p.m., grant a
temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic
Avenue from A-1-A to N.W. 5th Avenue for the parade route and set up from
approximately 4:00 p.m. to 6:00 p.m., an d approve staff support for traffic control,
security, EMS assistance, barricading, tras h removal, clean up, and event signage.
10/18/2011
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K. SPECIAL EVENT REQUEST/HOWARD ALAN 23RD ANNUAL DELRAY
BEACH FESTIVAL OF THE ARTS: Approve a special event request for the
23rd Annual Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd.
to be held on January 21-22, 2012 from 10:00 a.m. to 5:00 p.m., granting a temporary
use permit per LDR Section 2.4.6(F) for use of City rights-of-way on Atlantic Avenue
from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th
Avenue) for vendor parking; authorize staff support for security and traffic control,
barricade assistance, EMS assistance, fire inspection services, and permit an event sign
to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event
with the sponsor paying all overtime costs.
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
October 3, 2011 through October 14, 2011.
M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to LV Superior Landscaping, Inc. in the estimated annual amount of
$33,049.36 for landscape maintenance of Stormwater Retention Areas. Funding
is available from 448-5416-538.34-90 (Stormwater Utility Fund: Other
Operating/Other Contractual Services).
2. Bid awards to LV Superior Landscaping, Inc. in the amount of $19,696.94 for
Landscape Maintenance of Lake Ida Road Medians, South Federal Highway and
Congress Avenue. Funding is available fr om 119-4144-572-46.40 (Beautification
Trust Fund: Repair & Maintenance Serv ices/Beautification Maintenance).
3. Contract award to Intercounty Engineering, Inc. in the amount of $237,142.00
for construction of a water main upgrad e 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 Water Main).
4. Contract award to Line-Tec, Inc. in the amount of $70,681.00 for
relocating water services as part of the Osceola Neighborhood Redevelopment
Plan. Funding is available from 442-51 78-536-65.85 (Water & Sewer Renewal &
Replacement Fund: Other Impr ovements; Osceola Park).
5. Purchase award to Airgas in the amount of $107,000.00 for delivery of Liquid
Carbon Dioxide (CO2) to be ordered “as needed”. Funding is available from
441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Chemicals).
6. Purchase award to Otto Waste Systems, as a sole source provider, in the amount
of $50,000.00 for purchase of hot stampe d garbage carts, lids and wheels to be
ordered “as needed”. Funding is availabl e from 433-3711-534-49.35 (Sanitation
Fund: Other Current Charges/Cart Renewal & Replacement).
7. Purchase award to Dumont Company, Inc. in the amount of $51,200.00 for the
purchase and delivery of Sodium Hypoc hlorite on an “as needed” basis to
remote booster station locations. Funding is available from 441-5123-536-52.21
(Water and Sewer Fund: Operating Supplies/Chemicals).
10/18/2011
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8. Purchase award to CDW-Government in the amount of $346,873.44 and to
Emergency Vehicle Supply (EVS) in the amount of $23,460 for the purchase
and installation of sixty-eight (68) In -Car video systems in police vehicles.
Funding is available from 334-2111-5 21-64.90 (General Construction Fund:
Machinery/Equipment/Other Machiner y/Equipment) and 115-2112-521-64.90
(Special Projects Fund: Machinery/Equipment/Other Machinery/Equipment).
9. REGULAR AGENDA:
A. CONDITIONAL USE REQUEST/TH E ELECTRIC EXPERIENCE:
Consider a conditional use request to allow th e sale of Segways and Segway tours along
designated routes for The Electric Experien ce located at 1047 East Atlantic Avenue.
(Quasi-Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
B. WAIVER REQUESTS/BOUERI MIXED-USE BUILDING: Consider approval
of six (6) waiver requests to Land Devel opment Regulations (LDR ) Section 4.4.13(F)(3)
and Section 4.4.13(F)(4), “Principle Uses and Structures Permitted”, regarding the
required building frontage and front setback along S.E. 1st Avenue and along S.E. 1st
Street; Land Development Regulations (LDR ) Section 4.6.18 (B)(14)(iv)(2), “Windows
and Doors”, to reduce the required 75% transparency surface to 49% in the building
elevation along S.E. 1st Avenue and to 43 % along S.E. 1st Street; Land Development
Regulations (LDR) Section 5.3.1(D)(3), “Corne r Clip”, to reduce the required corner
clip at the intersection of S.E. 1st Street and S.E. 1st Avenue from 20’ by 20’ to 12’-11”
by 12’-11”; Land Development Regulations (LDR) Section 6.1.3(b), “Additional
Paving”, to reduce the required 8’ wide sid ewalk along S.E. 1st Avenue and S.E. 1st
Street to 5’ for Boueri Mixed-use Build ing, located at 104 S.E. 1st Street. (Quasi-
Judicial Hearing) (Motion to adopt board order as presented; Approved, 5-0)
C. CONSIDERATION OF AN APPEAL/HISTORIC PRESERVATION
BOARD’S DECISION/CLASS III SITE PLAN MODIFICATION: Consider an
appeal of the Historic Preservation Board’s de nial of the Class III site plan modification
request for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing) POSTPONED
1. CONSIDERATION OF AN APPEAL/ HISTORIC PRESERVATION
BOARD’S DECISION/ WAIVER REQUEST: Consider a waiver request to
Land Development Regulations (LDR) Section 4.5.1(E)(3)(b)(2), “Parking”, for six
required parking spaces for 85 S.E. 6th Avenue. (Quasi-Judicial Hearing)
POSTPONED
D. REQUEST TO CHALLENGE THE FUNDING MECHANISM
PERTAINING TO PALM BEACH COUNTY’S INSPECTOR GENERAL
PROGRAM: Request authorization to allow the City Attorney to join Delray
Beach with other municipalities in a la wsuit challenging the funding mechanism
pertaining to Palm Beach County’s Inspector General Program. (Motion to approve;
Approved, 5-0)
10/18/2011
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E. SPECIAL EVENT REQUEST/TWILIGHT BICYCLE RACE AND
WELLNESS FESTIVAL: Consider approval and endorsement of a new event,
Delray Beach Twilight Bicycle Race and Welln ess Festival, sponsored by RAC Event
Productions/Swaggerolls to be he ld on March 9, 2012 from 9:00 a.m. to 11:00 p.m., and
March 10, 2012 from 8:00 a.m. to 11:00 p.m.; grant a temporary use permit per LDR
Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to Railroad Way,
Railroad Way from Atlantic to N.E. 1st Str eet, N.E. 1st Street from Railroad Way to
Swinton and N.E. 1st Avenue from Old Sc hool Square grounds to Atlantic from
approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 10, 2012 for the bike races;
and authorize staff support for traffic control and security, EMS assistance, trash
removal and cleanup, trash boxes and event signage; contingent upon receipt of a non-
refundable deposit in the amount of $2,000.00, copies of signed rental agreements with
Old School Square and the City for use of Ol d School Square Park, receipt of a signed
and notarized Hold Harmless Agreement and re ceipt of a Certificate of Event Liability
and Alcohol Liability Insurance by the dates outlined in the staff report. (Motion to
approve subject to conditions; Approved, 5-0)
F. BID AWARD/RANDOLPH AND DEWDNEY CONSTRUCTION, INC.:
Consider approval of a bid award to Rand olph and Dewdney Construction, Inc., in the
amount of $456,710.00 for renovations to the Pompey Park Concession Stand. Funding
is available from 334-4127-572-62.10 (General Construction Fund/ Pompey Park
Concession Stand). (ADDENDUM) (Motion to approve subject to entering into an
Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding up to
$200,000; Approved, 4-1. Commissioner Frankel dissenting)
10. PUBLIC HEARINGS:
A. ORDINANCE NO. 36-11 (SECOND READING/SECOND PUBLIC
HEARING): Consider a privately initiated amendment to the Land Development
Regulations (LDR) Section 4.4.9. (B), “Princ iple Uses and Structures Permitted”, and
Section 4.4.13 (B), “Principal Uses and Stru ctures Permitted”, to clarify that bicycles
with an electric helper motor are the only mo torized equipment permitted in the “rental
of sporting goods and equipment” use category. (Motion to approve; Approved, 5-0)
B. ORDINANCE NO. 39-11: Consider an amendment to the Code of Ordinance
Section 72.02, “Definitions,” to conform to the State Statute definition of a bicycle and
to place further limitations on motorized bicycles. (Motion to approve; Approved, 5-0)
C. RESOLUTION NO. 43-11/ CONTRACT FOR SALE AND PURCHASE/2216
N.E. 3RD AVENUE: Consider approval of Resolution No. 46-11, a contract for sale
and purchase, authorizing the City to transfer Neighborhood Stabilization Program
property located at 2216 N.E. 3rd Avenue to the Delray Beach Community Land Trust
for the amount of $10.00. (Motion to approve; Approved, 5-0)
10/18/2011
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D. RESOLUTION NO. 44-11/ CONTRACT FOR SALE AND PURCHASE/310
SOUTHRIDGE ROAD: Consider approval of Resolution No. 44-11, a contract for
sale and purchase, authorizing the City to transfer Neighborhood Stabilization Program
property located at 310 Southridge Road to the Delray Beach Community Land Trust
for the amount of $10.00. (Motion to approve; Approved, 5-0)
E. RESOLUTION NO. 45-11/ CONTRACT FOR SALE AND PURCHASE/518
S.W. 9TH COURT: Consider approval of Resolution No. 45-11, a contract for sale
and purchase, authorizing the City to transfer Neighborhood Stabilization Program
property located at 518 S.W. 9th Court to the Delray Beach Housing Group, Inc. for
the amount of $10.00. (Motion to approve; Approved, 5-0)
F. RESOLUTION NO. 46-11/ CONTRACT FOR SALE AND PURCHASE/1505
S.W. 3RD COURT: Consider approval of Resolution No. 46-11, a contract for sale
and purchase, authorizing the City to transfer Neighborhood Stabilization Program
property located at 1505 S.W. 3rd Court to the Delray Beach Housing Group, Inc. for
the amount of $10.00. (Motion to approve; 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. 37-11: Consider a city initiated amendment to the Land
Development Regulations (LDR) Section 4.5.3, “Flood Damage Control Districts”,
Subsection (D) “Construction Standards”, to modify the section while maintaining
compliance with State Statutes. If passed, a public hearing will be held on November 1,
2011. (Motion to REMOVE from agenda; Approved, 5-0)
B. ORDINANCE NO. 38-11: Consider an annexation (via th e provisions of the executed
Agreement for Water Service and Consent to A nnexation) with initial City zoning of CF
(Community Facilities) for Lago Vista, lo cated at the southeas t corner of Linton
Boulevard and the LWDD E-3 Canal. If passe d, a public hearing will be held on
November 1, 2011. (Motion to approve; Approved, 5-0)
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: OCTOBER 14, 2011
****** Meeting adjourned at 7:57 p.m. ******