12-04-01 ResultsCity of Delray Beach
Regular Commission Meeting
***AGENDA RESULTS***
Tuesday, December 4, 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.
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.
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.
ROLL CALL.
INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL. (Mayor noted removal of Item 9.D, Green Market Expansion
Reg~_C~_t, from the Regular Agenda, postponed Item 8. G.2~ Bid award to U.S.
Biosy~_t_C~_s~, Inc. to the December 11, 2001 meeting, and moved Item 8.D~ Ramblin Rose
~[~Sq_~greement, from the Consent Agenda to the Regular Agenda as Item 9.A.A.
the Agenda was approve4 as amende4 5-0)
APPROVAL OF MINUTES:
· Regular- November 20, 2001 (Approved 5-0, subject to corrections)
PROCLAMATIONS:
A. Recognizing and Commending Shelly Weil and Janet Meeks
PRESENTATIONS:
Impressions of a Neighborhood Street - Art Contest Award -
Traffic Calming Policy Brochure
B. Presentation of the Site Plan Review and Appearance Board Design Awards
Old Dixie Barbecue (New Commercial Development)
CRA Building (Public Facility - Co-winner)
Orchard View Park (Public Facility - Co-winner)
Pineapple Town (Retail Redevelopment Project)
Spengler Construction (Office Redevelopment Project)
Town Square (Multi-Family Residential Development)
Crane's Beach House (Residential Exterior Renovations)
816 Palm Trail (Commercial Exterior Renovations)
Crane's Beach House (Signage)
CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 5-0)
ACCEPTANCE OF RIGHT-OF-WAY DEEDS/AUTOBAHN MOTORS:
Acceptance of right-of-way deeds for Federal Highway and Old Dixie Highway
associated with the Autobahn Motors Dealership, located on the west side of North
Federal Highway, 920 feet north of NE 14~h Street.
B. MODIFICATION TO PARKING LICENSE AGREEMENT: Approve the
modification to Parking License Agreements regarding enforcement responsibilities to
include the City Manager or his designee(s).
-2-
12-04-01
PROFESSIONAL SERVICES/FUSIVE (CITY WEB SITE): Approve
professional services from Fusive in the amount of $58,000 for Phase II of the
development of the City's web site. Funding is from 334-6111-519-31.90 (Other
Professional Services).
Item moved to Reg"ular Agenda as Item 9.A.A
FINAL INVOICE/FINAL PAYMENT (BRONCO SERVICES): Approve the
final invoice/final payment in the amount of $31,996.50 to Bronco Services to complete
the small meter replacement project. Funding is available from 442-5178-536-52.31
(Water Meter Replacement).
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
of November 19, 2001 through November 30, 2001.
G. AWARD OF BIDS AND CONTRACTS:
Purchase award to Otto Industries, Inc. in the amount of $16,486 for garbage
carts, lids and warranty. Funding is available from 433-3711-534-49.35 (Cart
Renewal & Replacement). (Approved 5-0)
Bid award to U.S. Biosystems in the amount of $10,000 for the annual contract
for laboratory analysis testing of water and wastewater for the Water Treatment
Plant Lab. Funding is available from 441-5124-536-34.90 (Other Contractual
Services). (Item postponed until Deeember 11, 2001)
9. REGULAR AGENDA:
RAMBLIN ROSE LICENSE AGREEMENT: Approve the automatic reassignment
and reissue of license to Dane Mark's Ramblin' Riverboat, Inc. from Gray Line Water
Tours for the operation of a cruise boat out of Veteran's Park. (ApprovedS-O)
A. RECOMMENDATION OF SITE PLAN REVIEW AND APPEARANCE
BOARD/LONGHORN STEAK HOUSE & MATTRESS DISCOUNTERS:
Consideration of architectural elevation modifications for the proposed Longhorn Steak
House and Mattress Discounters located at The Plaza at Delray. (Formerly Picadilly
Restaurant, pursuant to Section 4.6.18(B)(13) Land Development Regulations. Quasi-
judicial Hearing (Approved 5-0)
EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/
VICTORY CAR WASH: Consider approval of an extension of a conditional use to
allow the establishment of a car wash facility for Victory Car Wash, which is located at
the southeast corner of SE 5~h Avenue (Southbound Federal Highway) and SE Th Street.
(Approved 5-0)
BONUS PAYMENT TO JCD SPORTS GROUP: Consider approval of the
FY2000-2001 bonus payments to JCD Sports Group for golf operations in the amount
12-04-01
of $17,500 and for Tennis Center operations in the amount of $3,000. Funding is
available in the amount of $12,000 from 445-4711-572-34.90; $5,500 from 446-4711-
572-34.90; $1,500 from 001-4124-572-34.90 and $1,500 from 001-4133-472-34.90.
(Other Contractual Services). (Tabled to the December 11, 2001 meeting)
GREEN MARKET EXPANSION REQUEST: Consider a request from the Green
Market to allow the market to exp~nd and utilize a portion of SE 2~d Avenue from
Atlantic Avenue to just north of the first parking lot entrance. (Item removed)
JOINT PARTICIPATION IN THE WXEL-TV CONSORTIUM: Consider joint
participation in the WXEL-TV Consortium, which will be comprised of local
jurisdictions in support of local programming production. Funding allocated will be
devoted to the production of So,th F/o~da Tod~ (SFT) airing at 7 p.m. on Monday,
Wednesday and Friday and at 6:30 p.m. on Saturday. (Approved 4-1, Commissioner
Levinson dissenting)
LINTON BOULEVARD WIDENING: Discussion regarding the County's plan to
construct a guardrail along the north side of Linton Boulevard between Germantown
Road and Congress Avenue. (Consensus o[ the Commission to work v~th Palm
Beach County)
APPOINTMENT OF ASSISTANT CITY ATTORNEY I: Appoint Jeffrey Collier
for the position of Assistant City Attorney I effective December 10, 2001. (Approved
5-0)
APPOINTMENTS TO THE PLANNING AND ZONING BOARD: Appoint
10.
11.
two (2) members to the Planning and Zoning Board to fill unexpired terms. Based on
the rotation system, an appoinn-nent will be made by Commissioner Perlman (Seat #1)
for a term ending August 31, 2002 and Commissioner Archer (Seat #2) for a term
ending August 31, 2003. (Approved 5-0 [or the appointment o[ Kevin Warner;
approved 4-1 [or the appointment o[ Mark Krall, Commissioner Perlman
dissenting)
PUBLIC HEARINGS:
WAIVER REQUEST/RENEWAL OF TEMPORARY PARKING LOT
PERMIT (BLOCK 86): Consider approval of a waiver to the Land Development
Regulations Section 2.4.6(H) (3) (d) (5), to allow the renewal of a temporary parking lot
permit to exceed the maximum time limit of three years for the Block 86 temporary
parking lot, located at the south side of SE 1st Street and SE 3~ Avenue and the FEC
Railroad track. (Denied 3-2, Commissioners Levinson, McCarthy and Perlman
dissenting)
ORDINANCE NO. 59-01 (SECOND AND FINAL READING): An ordinance
amending the L~nd Development Regulations Section 2.4.4(F) (Extensions) adding
paragraph (4) regarding litigation, which prevents construction. (Approved 5-0)
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
-4-
12-04-01
12.
13.
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
FIRST READINGS:
ORDINANCE NO. 60-01: An ordinance amending the Future Land Use Map (small-
scale) from County MR-5 (Medium Density Residential 5-12 du/ac) to City LD (Low
Density Residential 0-5 de/ac) and associated annexation with initial zoning of R-l-
AAA for the Mason Property, located on the west side of Barwick Road, approximately
500 feet south of Sabal Lakes Road. If passed, a quasi-judicial hearing will be scheduled
for January 8, 2002. (Approved
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
***Adjourned at $:00p.m. ***
12-04-01