04-17-01 ResultsCity of Delray Beach
Regular Commission Meeting
* * *Agenda Results* * *
Tuesday, April 17, 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.
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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.
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.
5.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Approved .5-0, as amended)
APPROVAL OF MINUTES:
March 6, 2001 - Regular Meeting (Approved.5-O)
March 29, 2001 - Organizational Meeting (Approved.5-O)
PROCLAMATIONS:
C.
D.
E.
F.
Recognizing and commending the 2001 Senior Games Multiple Medal Winners for their
athletic achievements
Caridad Asensio Day - April 20, 2001
Women's American ORT Day - April 20, 2001
Commending National Commander Ronald Ziegler -Jewish War Veterans of the USA
Code Enforcement Officials Week-June 25 through June 29, 2001
AAA Auto Club South Day - April 24, 2001
PRESENTATIONS:
A. Delray Youth Enrichment Task Force
CONSENT AGENDA: (Approved .5-0, as amended)
LEASE & MANAGEMENT AGREEMENT/SPADY HOUSE PROPERTY:
Approve the Lease and Management Agreement between the City and Expanding and
Preserving Our Cultural Heritage, Inc., (EPOCH) for the Spady House Property.
(Approved .5-O, subject to agreement with CRA)
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
April Z~d through April 13, 2001.
(Approved ~-0)
AWARD OF BIDS AND CONTRACTS:
Bid award in the amount of $84,800.00 to Murray Logan for rehabilitation of
Lift Station #31. Funding is available in 442-5178-536-61.83 (Lift Station
Conversion to Submersible).
Purchase award in the total amount $24,772.00 to Southeastern Pumps for
submersible pumps as part of our preventive maintenance program. Funding is
available in 441-5144-536-46.20 (Equipment Maintenance).
Purchase award in the total amount of $27,725.60 to Hydro Pumps for two
hydrated lime pumps and related equipment. Funding is available in 441-5161-
536-64.90 (Other Machinery & Equipment).
Contract award in the total amount of $1,698,495.00 to Chaz Equipment, Inc.
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for the Seacrest/Del Ida Neighborhood Improvements Phase II. Funding is
available in the amount of $828,673.00 from 334-3162-541-62.54 (General
Project Fund); $472,320.00 from 442-5178-536-65.03 (Water & Sewer);
$134,000.00 from 448-5461-538-65.03 (Drainage Project); $189,000.00 from
448-5461-538-65.20 (Drainage Project); $63,364.00 from 370-3162-541-65.43
(2000 Bond General); and $11,138.00 from (2000 Bond Storm Water).
(Approved 5-0)
REGULAR AGENDA:
REQUEST FOR AN ADDITIONAL QUEUING AREA ON ATLANTIC
AVENUE: Consider a request for an additional queuing area on Atlantic Avenue on
the second block east of Swinton Avenue in proximity of 110 East Atlantic Avenue.
(Approved 5-0, subject to staff review of parking agreemen0
REQUEST FOR VALET QUEUE CUSTOM PICK-UP AREA: Consider a
request designating the first two (2) parking spaces on the southeast corner of SE 1st
Avenue as a customer pick-up area for the valet queue on the south-side of Atlantic
Avenue between Swinton md SE 1st Avenues.
(Approved 4-1, for a trial period. Commissioner McCarthy dissented)
IN-LIEU PARKING FEE/ELIZABETH'S ON ,]TH RESTAURANT: Consider
approval of $12,000 in-lieu of parking fee for one (1) parking space for Elizabeth's on
Th restaurant.
(Approved 4-0. Commissioner Archer left dais)
SANDOWAY HOUSE REQUEST: Consider a request from Sandoway House
Nature Center, Inc. to extend the closing time of the Ingraham Parking Lot on May gh
until 11:00 p.m. to accommodate their Astronomy Program.
(Approved 30)
CONTRACT AWARD/MAXIME LANDSCAPING (WEST ATLANTIC
AVENUE LANDSCAPE MAINTENANCE): Consider approval of a contract
award in the amount of $11,700.00 to Maxime Landscaping (third low bid) for the
landscape maintenance for West Atlantic Avenue (west of CSX Railroad to Military
Trail). Funding will be from 119-4144-572-46.60 (Beautification Maintenance).
(Approved 30)
LIEN REVIEW ADVISORY COMMITTEE RECOMMENDATIONS:
Consider approval of the Lien Review Advisory Committee's recommendations
concerning outstanding liens on various properties.
(Approved.q-O)
AGREEMENT FLORIDA PUBLIC UTILITIES, CO.: Consider an agreement
between the City and Florida Public Utilities Co., to stage personnel and apparatus on
property located at 325 NW 2'~d Street, during the hours of the Delray Affair.
(Approved.q-O)
REQUEST GREEN MARKET RELOCATION: Consider approval of a request
from the Historic Delray Green Market to relocate to Worthing Park for the remaining
of this season which ends May 5~h.
(Approved 5-0, for the rest of this season)
POLICE RECRUITMENT & RETENTION INCENTIVE PROGRAM:
Consider adoption of a Police Recruitment & Retention Incentive Program.
(Approved.q-O)
PROPOSAL FOR SETTLEMENT IN FASHAW V. CITY OF
DELRAY
BEACH: Consider proposal of settlement in the Cynthia and George Fashaw versus
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10.
the City of Delray Beach case. Staff recommendation is to de~.
(Motion to deny was approved 5-0)
K. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular
member to the Civil Service Board for a two (2) year term ending April 1, 2003.
Appoinunent to be made by Commissioner Archer (Seat #2).
(Commissioner Arher appointed Allen Huntington - Approved 5-0)
L. WAIVER REQUEST TO REDUCE PARKING/"ELIZABETH'S 7m''
RESTAURANT: Consider a waiver request to reduce the parking requirement for
"Elizabeth's on Th'' restaurant by one space in order to save a specimen tree.
(Approved 5-0)
PUBLIC HEARINGS:
REQUEST FOR HEIGHT WAIVER/OLD SCHOOL SQUARE: Consider a
request for a waiver to the provision of LDR Section 4.3.4(K), "Development Standards
Matrix", to allow an increase in the height of the bandshell/stage located at Old School
Square, at the NE corner of Atlantic Avenue and Swinton Avenue (51 N Swinton
Avenue) from the maximum of thirty-five feet (35') to thirty-eight feet, eight inches (38'
8") in order to accommodate the technical requirements based on the width and the
depth of the stage.
(Approved 5-0)
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(ND. If passed, a public hearing
will be scheduled for May 1, 2001.
(Approved 5-0)
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.
(Approved 5-0)
ORDINANCE NO. 24-01: An ordinance amending LDR "Definitions" section to
provide clarification to the definition of "Ground Floor Building Area".
(Approved 5-0)
ORDINANCE NO. 26-01: An ordinance amending Chapter 71, "Parking
Regulations", of the City Code of Ordinances by amending Section 71.07, "When
Impoundment Authorized", by amending Subsection (E) to include emergency vehicles.
(Approved 5-0)
ORDINANCE NO. 27-01 (FIRST READING/TRANSMITTAL HEARING
FOR COMPREHENSIVE PLAN AMENDMENT 2001-1): Consider on first
reading an ordinance adopting Comprehensive Plan Amendment 2001-01 and
associated Future Land Use Map (FLUND amendments, and authorize transmittal to the
State Department of Community Affairs. Amendment 2001-1 includes:
(Approved 5-0)
1. General update of Goal Area "D" of the Future Land Use Element, relating to
Schools;
2. Modification of the definition of Community Facilities Land Use description, in
the Future Land Use Element;
3. General update of the Public Facilities Element;
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11.
12.
13.
4. General update of Comprehensive Plan Map Series to reflect current City
boundaries;
5. Modification of Housing Element Map #3, Table HO-20, Future Land Use
Element Map #3 and Table L-5, relating to potential residential units to be built
on vacant land within the City; and
6. The change to the FUTURE LAND USE MAP (FLUM) involves one area of
land which will be transmitted as a part of Amendment 2001-01.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
City Manager's response to prior public comments and inquiries.
From the Public.
FIRST READINGS:
A. ORDINANCE NO. 21-01: An ordinance amending Chapter 92, "Boats and Boating",
Section 92.10, "Mooring to Public Property" of the City Code of Ordinance to prohibit
prolonged dockage at Veterans Park, and also the use of City electricity and other
utilities while docking. If passed, a public hearing will be scheduled for May 1, 2001.
(Approved 5-0)
B. ORDINANCE NO. 31-0h An ordinance amending Chapter 73, "Parking Schedule"
of the City Code of Ordinance by extending the two-hour parking regulation along
Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8 p.m. If passed, a
public hearing will be scheduled for May 1, 2001.
(Approved 5-0)
C. 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. (In light of the changes made to this
ordinance it is staffs recommendation to consider it again for First Reading). If passed,
a public hearing will be scheduled for May 1, 2001.
(Approved 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
**Adjourned at 9:50 p.m.***
04-17-01