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01-16-01 ResultsCity of Delray Beach Regular Commission Meeting ***Agenda Results **** RULES FOR PUBLIC PARTICIPATION Tuesday, JanuaW 16, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 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. Bo 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. Co 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 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 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. 2. 3. 4. ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE TO THE FLAG AGENDA APPROVAL (Approved as amended 4-0. Item Funding/Epoch's Spady Museum Project, was added to the agenda) APPROVAL OF MINUTES: · Regular Meeting of December 12, 2000 (Approved5-O) · Regular Meeting of January 2, 2001 (Approved 5-0) PROCLAMATIONS: A. B. 91 - Request for American Heritage School Key Club Day - January 30, 2001 Recognizing and commending Rhiannon Jeffrey, Freshman at Atlantic High School, on her outstanding achievements in swimming Recognizing and commending the Atlantic High School Boys Cross Country Team on an outstanding and unprecedented season Recognizing and commending the Delray Beach Fire Department's Dive Team as the TOP DIVE TEAM OF THE YEAR 2000 PRESENTATIONS: 2000 City Golf Championship Awards (Sandra Eriksson, Director of Golf) Commission Long Drive Competition (Commissioner Perlman) Report on School Attendance Boundaries (Janet Meeks) CONSENT AGENDA: (All items under Consent were approved 5-0) A. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE MUNICIPAL ELECTION ITEMS: Authorize the Palm Beach County Supervisor of Elections to handle and canvass the City's absentee ballots for the March 13, 2001 municipal election, and represent the City at the requisite logic and accuracy tests. RESOLUTION NO. 4-01: Approve a resolution vacating and abandoning two utility easements within the Plat of Delray Ocean Estates, based upon positive findings and subject to the acceptance of an easement deed conveying a replacement easement. The subject property is located on the east side of South Ocean -2- 01-16-01 Boulevard, north of Linton Boulevard. AUTHORIZATION TO PROCEED/ADDITIONAL SERVICES ASSOCIATED WITH THE 4T}I BEACH NOURISHMENT PROJECT: Authorize Coastal Planning & Engineering, Inc. to proceed with additional services associated with the preparation of the expanded Limited Reevaluation Report for the 4th Beach Nourishment Project at a cost not to exceed $18,357.00. Funding will be from the Beach Restoration Fund (332-4164-572-31.30), to be reimbursed through federal, state and county appropriations. FINAL PLAT APPROVAL/DEL RATON PARK REPLAT NO. 1: Approve the final subdivision plat for Del Raton Park Replat No. 1, a proposed two lot mixed use subdivision that will be developed as the Waterway Village project, located at the southwest corner of Lindell Boulevard and South Federal Highway. SPECIAL EVENT REQUEST/2001 BUD LIGHT PRO/AM VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for special event approval to allow the 2001 Bud Light Pro/Am Volleyball Tournament to be held at the municipal beach on May 12 and 13, 2001. AMENDMENT #001 TO STANDARD CONTRACT WITH DEPARTMENT OF CHILDREN & FAMILIES (SUBSTANCE ABUSE PREVENTION ACTIVITIES): Approve an amendment to the standard contract with the Department of Children & Families to increase the City's funding allocation by $50,000 (from $135,000 to $185,000) for the program year ending June 30, 2001, for substance abuse prevention activities. RESOLUTION NO. 5-01: Approve a resolution declaring support for school nurses in all Florida public schools. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 2nd through January 12, 2001. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $23,000 to Fast Dry Companies for the resurfacing of seven (7) hard courts at the Tennis Center and to provide an on-site technician during the Citrix Tournament, with funding from 334- 4145-572-63.90 (Tennis Center/Other Improvements). Purchase award in the amount of $58,000 to Intl. Yacht Sales for the purchase of a 24.6 World Cat (Catamaran) SF Boat and twin axle trailer, and an additional $4,557.76 to various vendors for the purchase of miscellaneous supplies. Funding in the amount of $47,220 will be from the Florida Inland Navigation District (F.I.N.D.) grant, with the balance from 001-2111-521- 01-16-01 64.90 (Police - Other Machinery/Equipment). Housing rehabilitation grant award in the amount of $19,325.25 to South Florida Construction for the rehab of a single family housing unit at 618 S.W. 7th Avenue, with funding from 118-1924-554-49.19 (SHIP - Housing Rehabilitation). REGULAR AGENDA: A. AGREEMENT WITH OWL FOUNDATION INC. FOR USE OF THE MUNICIPAL TENNIS CENTER: Consider approval of an agreement between the City and the Owl Foundation Inc. for the use of the Municipal Tennis Center on Saturday, April 7, 2001, for the Owl Foundation Tennis Challenge (a Venus and Serena Williams charity event). (Approved 5-0) RESOLUTION NO. 3-01 {TENNIS FACILITIES TASK TEAM): Consider approval of a resolution establishing the Tennis Facilities Task Team as an advisory body to the City Commission. (Approved 5-0) SPECIAL EVENT REQUEST/DELRAY AFFAIR: Consider a request from the Chamber of Commerce for special event approval for the Delray Affair to be held April 20-22, 2001. (Approved subject to staff's recommendations, 5-0) SPECIAL EVENT REQUEST/DELRAY AFFAIR 5K RUN: Consider a request from the Chamber of Commerce for special event approval for the 3rd Annual Delray Affair 5K Run & Health Walk to be held on Saturday, April 21, 2001. (Approved 5-0) AMENDMENT TO STANDARD PARKING LICENSE AGREEMENT: Consider approval of proposed penalties for violation of the standard valet parking license agreement. (Approved 5-0) REQUEST TO EXTEND SANDOWAY PARKING LOT CLOSING TIME: Consider extending the closing time for the Sandoway parking lot from 8:00 p.m. until 9:00 p.m. during the season. (Approved 5-0) KLASFELD V. CITY OF DELRAY BEACH: Consider an offer from Plaintiff to satisfy nuisance abatement liens upon certain property. The City Attorney recommends denial of the offer. (Motion to deny the offer was approved 5-0) APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two citizen-at-large representatives to the Parking Management Advisory Board for two year terms ending January 31, 2003. The appointments will be made by Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat #1). (Approved 5-0) -4- 01-16-01 REQUEST FOR FUNDING/EPOCH'S SPADY MUSEUM PROJECT: Consider a request from EPOCH (Expanding & Preserving Our Cultural Heritage, Inc.) for funding in the amount of $57,000 as an interest-free loan to be paid back within a two year period, to pay the balance of EPOCH" commim~ent to the Spady Museum project. (Approved 5-0) 10. PUBLIC HEARINGS: ORDINANCE NO. 3-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations by placing a moratorium on business uses as defined herein opened for business at any time between the hours of 12:00 midnight and 5:00 a.m. for a period of six months from the date of adoption of this ordinance in the General Commercial zoning district and the Central Business District within the Downtown Development Authority Area. If passed, a second public hearing will be scheduled for February 6, 2001. (Approved 4-1 Commissioner Per/man dissenting) ORDINANCE NO. 4-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Supplemental District Regulations for the CBD (4.4.13(G)) by increasing the parking requirement for restaurants in the original Downtown Development Authority Area. If passed, a second public hearing will be scheduled for February 6, 2001. (Approved 5-0) ORDINANCE NO. 5-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Sections 4.4.13(G) and 4.4.24(G) of the Land Development Regulations by deleting the one time one space parking reduction within the Central Business District (CBD) and the Old School Square Historic Arts District (OSSHAD). If passed, a second public hearing will be scheduled for February 6, 2001. (Motion to deny Ordinance 5-01 was approved 5-0) Review of proposed Ordinance No. 6-01 (modified ordinance re one time one space parking reduction as discussed at the January 9th workshop). (No motion given.) ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13, 2001, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 SE 4th Avenue. (Approved 5-0) RESOLUTION NO. 6-01: Consider approval of a resolution calling for a Special Election to be held on March 13, 2001, to provide for a referendum on the question set forth in Ordinance No. 1-01. (Approved 5-0) E. ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, 01-16-01 11 12. 13. and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land development Regulations of the City of Delray Beach to adopt pollution control standards in accordance with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. (Approved 4-0.) PROPERTY TRANSFER TO PALM BEACH COUNTY: Consider approval of three quit claim deeds transferring certain property located at or near the intersection of Lake Ida Road and Barwick Road from the City to Palm Beach County for the proposed expansion of Lake Ida Road. (Approved 5-0) TEMPORARY CONSTRUCTION EASEMENT: Consider approval of a temporary construction easement from the City to the County over property located at the intersection of Lake Ida Road and Barwick Road, associated with the road widening project. (ApprovedS-O) 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 FIRST READINGS: NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission ********** Adjourned at 8:50 ********** 01-16-01