06-04-02 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, June 4, 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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.
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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.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
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 Randolph at 243-
7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the
City to accommodate your request. Adaptive listening devices are available for
meetinas in the Commission Chambers.
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6.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. ~Mayor $chmidt noted Item 8.N, Resolution No. 49-02 and Resolution
No. 50-02; Approved as amended, 5-0/
APPROVAL OF MINUTES:
· May 21, 2002 - Regular Meeting (Approved, 4-0; Commissioner McCarthy abstained)
PROCLAMATIONS:
· None
PRESENTATIONS:
Commending Police and Fire Departments for their contribution to the community -
Lawrence Strainge
"What I Want To Be When I Grow Up" Essay Presentation - Parks and Recreation
Department
CONSENT AGENDA: City Manager Recommends approval. (Approved as amended, 5-0)
FINAL SUBDIVISION PLAT APPROVAL/GOODISON PARK ESTATES:
Approve the boundary plat for Goodison Park Estates, located on the east side of State
Road A-l-A, approximately 300 feet south of Linton Boulevard.
RESOLUTION NO. 36-02: Approve Resolution No. 36-02 vacating and abandoning
a portion of SE Th Avenue right-of-way, lying north of SE 5~h Street and acceptance of
an additional ten (10) feet of right-of-way.
RESOLUTION NO. 46-02: Approve Resolution No. 46-02 assessing costs for action
necessary for the emergency board-up of an unsafe structure located at 24 N.W. Th
Avenue.
RESOLUTION NO. 47-02: Approve Resolution No. 47-02 assessing costs for action
necessary for the emergency board-up of an unsafe structure located at 115 N.W. 4~h
Avenue.
RESOLUTION NO. 48-02: Approve Resolution No. 48-02 assessing costs for action
necessary to abate nuisances on twelve (12) properties throughout the City.
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F. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
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subsidies for one (1) eligible applicant/family in the amount of $25,000.00 for 206 SW
14m Avenue. This brings the number to 143 homeowners assisted under the
Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
HOUSING REHABILITATION GRANT\CONTRACT AWARDS: Approve
Housing Rehabilitation grant,contract awards through Community Development
Division in the amounts of $20,842.50 to Craftsman Plus, Inc. (30 SW Vh Avenue), and
$17,865.75 to South Florida Construction (224 SW lffh Avenue). Funding is available
from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
CONTRACT ADDITION/COLONNA CONSTRUCTION CO., INC.:
Approve a Contract Addition (C.O. #2) to the Community Improvement Sidewalks
Project in the amount of $15,009.00 to Colonna Construction Co., Inc. for the
construction of Pineapple Grove Way, N.E. 1st Street and N.E. 2'~ Avenue Intersection
Modifications. Funding is available from 334-6111-519-65.12 (General Construction
Fund/N.E. 2'~ Avenue - Pineapple Grove).
SPECIAL EVENT REQUEST/4th OF JULY: Approve a special event request for
the 4~h of July Celebration event to be held from 2:00 p.m. until 12:00 midnight,
including a temporary use permit for the closure of Atlantic Avenue from the east side
of N.E. and S.E. 7h Avenue to Ocean Boulevard, and from the south side of Thomas
Street to the north side of Miramar on Ocean Boulevard, waiver to allow banners and
flags, waiver to allow assembly on the beach and vendors on A1A, and staff support for
security and traffic control, street barricading, banner hanging, stage set up/use, and
clean up/trash removal.
SPECIAL EVENT REQUEST/SUMMER NIGHTS: Approve a special event
request for the Summer Nights on the Avenue program to be held on July 12, 2002,
including temporary use permit, staff support for security and traffic control, street
barricading, banner hanging, stage set up/use, and clean up/trash removal with
payment to the City for overtime costs exceeding $5,000.00.
ACCEPTANCE OF EASTMENT DEED/DELRAY RACQUET CLUB:
Approve and accept an easement deed granting to the City the means to construct and
maintain an irrigation pump station on a portion of the Delray Racquet Club property.
GRANTING OF EASTMENT DEED/DELRAY RACQUET CLUB: Approve
an easement deed granting to the Delray Racquet Club the means to maintain an
irrigation pump station on a portion of City owned property.
AMENDMENT TO AGREEMENT/PINEAPPLE GROVE: Approve
Amendment No. 1 to the funding agreement between the City of Delray Beach and
Pineapple Grove Mainstreet, Inc. that provides for an extension of receipt of funds
from the County.
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RESOLUTION NO. 49-02/ RESOLUTION NO. 50-02: Approve Resolution
No. 49-02 authorizing the acquisition of properties by eminent domain and Resolution
No. 50-02 authorizing the making of offers in certain eminent domain proceedings in
regards to Atlantic High School.
O. AWARD OF BIDS AND CONTRACTS:
Contract award to Murray Logan Construction, Inc. in the amount of
$16,500.00 for rehabilitation of rails and breakaway fittings at Lift Stations 6lB
and 86D. Funding is available from 441-5144-536-46.20 (Equipment Repair).
Contract award to Astaldi Construction Corporation in the amount of
$565,378.00 for the Southwest Area Improvements Phase III (N.W. 13~h &
N.W. 1Th Avenue) Project. Funding is available from 442-5178-536-65.59 for
$560,778.00 (Water/Sewer R&R, S.W. Area 3) and 448-5470-538-65.59 for
$4,600.00 (Storm Water Utility, S.W. Area 3).
Subcontract award to Hatcher Construction and Development, Inc. in the
amount of $27,915.00 for the installation of concrete sidewalks and driveways
on the Southridge Road Water Main Improvements. Funding is available from
442-5178-536-65.62 (S.W. Th Avenue to South Swinton Avenue).
REGULAR AGENDA:
WAIVER REQUEST: Consider a request to waive minimum lot dimension
requirements for several lots within the proposed Old Palm Grove Development,
located at the northeast and southeast corners of North Federal Highway and Royal
Palm Boulevard. Quasi-Judicial Hearing (Motion to approve all waivers on page 3 of
staff report; Approved, 5-0)
SPECIAL EVENT REQUEST/DADA'S RESTAURANT: Consider a special
event request to hold an All Star Independence Jubilee on the grounds at Old School
Square on July 7, 2002 from 1:00 p.m. to 10:00 p.m., including a temporary use permit
for use of facilities, staff support for security and traffic, and EMS assistance, contingent
on the sponsor providing liability insurance. Staff recommends denial. (Motion to
approve subject to sponsor providing private security, expenses for traffic control, and EMS
services; Approved, 5-0)
C. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider acceptance of the actions and decisions made by the Land Development
Boards for the period May 20, 2002 through May 31, 2002. (Approved, 5-0)
MOTION TO STAY/ORDINANCE NO. 13-02(A): Consider a Motion to Stay
request from the applicant regarding the second reading of Ordinance No. 13-02(A).
(Motion to approve "Motion to Stay" with a review in six (6) months; Approved, 5-0)
PROPOSAL FOR SETTLEMENT/THOMAS v. CITY: Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Thomas v.
City of Delray Beach case. Staff recommends acceptance. (Approved, 4-0; Commissioner
Perlman left dais)
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PROPOSAL FOR SETTLEMENT/WALKER v. CITY: Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Walker v.
City of Delray Beach case. Staff recommends acceptance. (Approved, 4-0; Commissioner
Perlman left dais)
PUBLIC HEARINGS:
ORDINANCE NO. 13-02(A): An ordinance amending the historic designation
adopted via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox
House" historic site located on the east and west sides of Ocean Boulevard, south of
George Bush Boulevard (610 and 615 North Ocean Boulevard). (Quasi-JudiciM
Hearing) (Commission granted Motion to Stay and tabled item; Approved, 4-0;
Commissioner Perlman left dais)
ORDINANCE NO. 15-02: An ordinance amending Chapter 51 of the Code of
Ordinances, "Garbage and Trash" to provide conformity with the franchise agreement
between BFI and the City of Delray Beach and state laws. (Approved, 4-0; Commissioner
Archer left dais)
ORDINANCE NO. 17-02: An ordinance amending Chapter 35, "Employee Policies
and Benefits", of the Code of Ordinances to provide for dividing retirement plan costs
between the City and participants in the National Conference of Firemen and Oilers
Bargaining Unit as provided in their Collective Bargaining Agreement with the City.
(Approved, 5-0)
ORDINANCE NO. 18-02 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations Section 4.4.12 Planned
Commercial (PC) District to add Private Schools as a Conditional Use and Section
4.3.3 "Special Requirements for Specific Uses" to provide certain regulations for private
schools. If passed, a second public hearing will be scheduled for June 18, 2002. (Motion
to require 75 feet option; Approved, 5-0)
ORDINANCE NO. 19-02 (FIRST READING/FIRST PUBLIC HEARING): An
ordinance amending the Land Development Regulations to allow Public Schools in all
residential zoning districts as a Principal (permitted) use. If passed, a second public
hearing will be scheduled for June 18, 2002. (Motion to postpone Ordinance to correct
inconsistencies and will come back June 18, 2002 as a first reading; Approved, 5-0)
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.
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12. FIRST READINGS:
13.
ORDINANCE NO. 20-02: An ordinance amending Future Land Use Map from MD
(Medium Density Residential 5-12 du/ac) to CC (Commercial Core) and rezoning from
RM (Multiple Family Residential - Medium Density) to CBD (Central Business District)
for a parcel of land located on the east side of Venetian Drive, approximately 2'/8 feet
south of East Atlantic Avenue. If passed, a quasi-judicial public hearing will be
scheduled for June 18, 2002. (Approved, 5-0)
ORDINANCE NO. 21-02: An ordinance rezoning from RM (Multiple Family
Residential - Medium Density) to CBD (Central Business District) for a parcel of land
located on the west side of Gleason Street, approximately 193 feet south of East
Atlantic Avenue. If passed, a quasi-judicial public hearing will be scheduled for June 18,
2002. (Approved, 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
Meeting adjourned at $:4..~ p.m. ******
06-04-2002