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04-03-01 ResultsCity of Delray Beach Regular Commission Meeting ***** Agenda Results *** Tuesday, April 3, 2001 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. 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 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. o o o ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. (Approved 5-0, as amended. Mayor noted the addition o£ 6A and postponement o£12B) APPROVAL OF MINUTES: (Approved 5-0) · Regular Meeting - February 6, 2001 · Special Meeting- March 14, 2001 PROCLAMATIONS: · "National Public Safety Telecommunicators Week" April 8~h Through April 14, 2001 PRESENTATIONS: Del-Aire/Delray Citizens for Delray Police (Perry DonFrancisco) annual golf tournament to benefit the Police and Fire Departments. Bo Delray Camera Club Presentation: Th Annual Members' Showcase "Delray at Work and Play" CONSENT AGENDA: (Approved 5-0) JOINT PARTICIPATION AND PROJECT FUNDING AGREEMENT /PALM BEACH COUNTY: Accept a Joint Participation and Project Funding Agreement with Palm Beach County in the amount of $948,431.50 for the construction of utility upgrades and relocation associated with the Lake Ida Road Widening Project. Funding is available in the amount of $219,051.50 from 442-5178-536-65.18 (Lake Ida Road Utility Relocations), $206,648.00 from 441-5161-536-63.78 (Chatelaine Lift Station) and $522,732.00 from 441-5181-536-69.21 (Barwick/Lake Ida Road Force Main). B. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECT (FDEP) Co PERMIT FEES: Approve permit fees in the amount of $16,500 for FDEP related to the Year 2001 Beach Nourishment Project. Funding is available from 332-4164-572- 49.90 (Beach Restoration Fund). REQUEST TO SUBORDINATE CITIES' SECOND MORTGAGE Do POSITION: Approve request to subordinate the Cities' second mortgage position in the amount of $17,094 to avoid foreclosure for a Housing Rehabilitation Program recipient. RESOLUTION NO. 29-01: Approve a resolution assessing costs for action necessary -2- 04-03-01 to remove junked and/or abandoned vehicles from five (5) properties throughout the City. RESOLUTION NO. 30-01: Approve a resolution assessing costs for action necessary to abate nuisances on eight (8) properties throughout the City. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant/family in the amount of $15,000, for property located at 135 NW 8~h Avenue. This represents the 121st applicant/family under the Delray Renaissance Program. Funding is from 118-1924-554-83.01 (SHIP Program). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 19m through March 30, 2001. H. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $93,087.90 to Drilling Services, Inc., for the abandonment and re-construction of Drinking Water Well #26 with funding from 442-5178-536-61.82 (Water/Sewer Renewal & Replacement). REGULAR AGENDA: CONTRACT AWARD/MEGAN SOUTH, INC. (WEST ATLANTIC AVENUE BEAUTIFICATION - PHASE 1) Consider approval of a contract award in the amount of $1,170,187.00 to Megan South, Inc., (second low bid) for the West Atlantic Avenue Beautification - Phase 1. Funding is available from 441-5161-536-65.49 (West Atlantic Water Main) for $87,310.75 and $1,082,876.25 from the CRA. (Approved 5-0) REQUEST TO PARTICIPATE IN AMERICORPS FLORIDA READS! FOOD DRIVE: Consider a request from the Education Foundation of Palm Beach County to participate in AmeriCorps Florida Reads! Palm Beach County "Food Drive" during the week of April 23~d through April 27, 2001. (Approved 5-0) SPECIAL EVENT/CINCO DE MAYO FIESTA: Consider a request for special event approval to allow the Cinco De Mayo Fiesta to be held Saturday, May 5, 2001, including use, set-up and take-down of the large City stage, staff support for security and waiver of security costs. (Approved 5-0, subject to staFFs recommendations) SPECIAL EVENT/THE LEUKEMIA AND LYMPHOMA SOCIETY ANNUAL 2K WALK: Consider a request for special event approval to allow the Leukemia and Lymphoma Society Annual 2K Walk to be held on September 20, 2001, including a temporary use permit for the use of the sidewalks along A1A and Anchor Park, staff support, consideration of waiving overtime costs and the request to use Sandoway Park for overflow parking. (Approved 5-0, subject to staFFs recommendations) RESOLUTION NO. 31-01: Consider approval of Resolution No. 31-01 and Contract for Sale and Purchase between the City and Melanie & Gregory McElroy authorizing 04-03-01 10. 11. 12. the City to purchase property located between the Woods of Southridge Subdivision and SW Th Avenue in the amount of $21,650. The purpose of the acquisition is to provide public right-of-way. F. REQUEST FOR SPONSORSHIP/WORLD TRADE CENTER PALM BEACH: Consider a request from the World Trade Center Palm Beach to participate in the World Trade Luncheon. PUBLIC HEARINGS: COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ORDINANCE NO. 23-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending LDR Section 4.3.3(I) Foster Homes and Group Homes, and related zoning districts, pursuant to LDR Section 2.4.5(M). This ordinance is being modified by the City Attorney's office and will be continued to the April 17th meeting for First Reading/First Public Hearing. Co~ti~ed to ~d~hd/17, 2001 FROM THE A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 20-01: An ordinance amending Chapter 97 "Health and Safety", by creating Section 97.10 "Citrus Canker Control Procedures" of the Code of Ordinance thereby adopting a method to be adhered to by Vegetation Maintenance Companies and Public Utility Companies within the City of Delray Beach in order to help control the spread of Citrus Canker. If passed, a public hearing will be scheduled for April 17, 2001. ORDINANCE NO. 25-01: An ordinance rezoning from PCC (Planned Commerce Center) to RT (Resort Tourism) for Glacier Ice and Snow Arena on a 5.963 acre parcel of land, located at the southeast corner of Lake Ida Road and Congress Avenue (north half of the Congress Commerce Center site). If passed, a public hearing will be scheduled for April 17, 2001. ORDINANCE NO. 22-01: An ordinance amending Chapter 4, "Zoning Regulations" of the LDR's by amending Section 4.6.7, "Signs", clarifying the purpose and regulations relating to non-commercial speech; repealing the sign matrix chart and enacting a new sign matrix chart; amending the definition section by amending the definitions of on- premise sign and vehicular sign. If passed, a public hearing will be scheduled for April 17, 2001. 1. Discussion of Pending Off-Premise Sign Applications D. ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section to -4- 04-03-01 provide clarification to the definition "Ground Floor Building Area". If passed, a public hearing will be scheduled for April 1'7, 2001. ORDINANCE NO. 26-01: An ordinance amending Chapter '71, "Parking Regulations", of the City Code of Ordinances by amending Section '71.0'7, "When Impoundment Authorized", by amending Subsection (E) to include emergency vehicles. If passed, a public hearing will be scheduled for April 1'7, 2001. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission ************** AD JO URNED AT $:25 P.M. 04-03-01