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12-12-00 ResultsCITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING DECEMBER 12, 2000 - 6:00 P.M./PUBLIC HEARINGS 7:00 P.M. COMMISSION CHAMBERS ***** Agenda Results ***** 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 meetings in the Commission Chambers. 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: under this section. Any citizen is entitled to speak on items B. 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. C. 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 o ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail 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 Regular Commission Meeting December 12, 2000 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. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval.(Approved 3-0, as amended. removed) Item 8I was 5. Approval of Minutes: (None) 6. Proclamations: None 7. Presentations: RESOLUTION NO. 100-00: Recognizing and commending Patricia S. Cayce for over 12 years of dedicated service to the City of Delray Beach. (Approved 5-0) Consent Agenda: City Hanager recommends approval. (Ail items under consent were approved 5-0, as amended. Item 8I was removed) FINAL PLAT APPROVAL/MARINA BAY: Approve the final subdivision plat for Marina Bay, a proposed ten (10) unit townhouse development to be located on the west side of Marine Way, approximately 225 feet south of S.E. 1st Street. RESOLUTION NO. 101-00: Approve a resolution vacating and abandoning a portion of the N.W. 2nd Avenue road right-of-way lying between N.W. 12th Street and Grove Way, based upon positive findings. C. WAIVERS TO LDR SECTION 4.3.3(S) ASSOCIATED WITH REPLACEMENT OF THE COMMUNICATIONS TOWER AT THE POLICE DEPARTMENT: Approve waivers to LDR Section 4.3.3(S) relating to setback, buffering, and processing requirements for the replacement of the telecommunications tower at the Police Department, based on positive findings with respect to LDR Section 2.4.7 (B) (5) . -2- Regular Commission Meeting December 12, 2000 D. AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH CRA FOR PLANNING, PARKING MANAGEMENT AND COMPUTER SERVICES: o Fo Approve an amended and restated interlocal agreement between the City and the Community Redevelopment Agency to provide for planning services to the CRA, the shared use of a Parking Hanagement Specialist and the provision of limited computer network installation services to the CRA when the CRA moves to a new location. BILL OF SALE FOR OCEAN OUTFALL SYSTEM: Approve a bill of sale transferring ownership of the ocean outfall system from the City of Delray Beach to the South Central Regional Wastewater Treatment and Disposal Board, pursuant to the terms of the agreement dated July 12, 1979. CHANGE ORDER #2/SUBAQUEOUS SERVICES, INC. (TROPIC ISLE Go CANAL DREDGING PROJECT): Approve Change Order #2 in the amount of $100,000.00 to the contract with Subaqueous Services, Inc. for an additional 5,000 cubic yards of dredged material associated with the Tropic Isle Canal Dredging project, with funding from 448-5461-538-65.54 (Stormwater Utility - Tropic Isle Dredging). FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE Ho PROGRAM: Approve a funding subsidy in the amount of $20,000.00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program), representing the ll5th homeownership assistance grant provided through the program to-date. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 4th through December 8, 2000. I. INTERLOCAL AGREEMENT WITH THE TOWN OF GULF STREAM & AMENDMENT NO. 1 TO OCEAN HAMMOCK COACH HOMES DEVELOPER'S AGREEMENT: Approve an interlocal agreement between the City of Delray Beach and the Town of Gulf Stream, and Amendment No. 1 to the Ocean Hammock Coach Homes Developer's Agreement dated November 30, 2000, relating to the reconstruction of -3- Regular Commission Meeting December 12, 2000 Pelican Lane. (REMOVED) J. AWARD OF BIDS AND CONTRACTS: Contract award in the amount of $1,133,457.03 to Florida Blacktop, Inc. for construction of the Southeast/Southwest Area Infrastructure Improvements (a 2000 Roadway Bond project), with funding in the amount of $189,894.88 from 370- 3162-541-65.45 (2000 Roadway Bond - SE/SW Area), $231,654.39 from 442-5178-536-65.50 (Water & Sewer R&R - Water Hain SE/SW Area), $152,383.03 from 448-5461-538-65.50 (Stormwater - SE/SW Area), $65,000.00 from 448-5461-538-65.53 (Stormwater - SE 7th Avenue), and $494,524.73 from 441-5181-536-69.22 (W&S - SE 7th Avenue Water Hain). Bid award in the estimated amount of $92,040.00 for annual contracts with multiple vendors, via co-op bid, for various road construction materials, with funding from Streets Division and Construction Division FY 2001 operating budgets and capital project accounts. Purchase award in the total amount of $279,382 to Comark Government and Education Sales Inc., via Florida SNAPS II contract, for the purchase of Panasonic laptops, backlit keyboards, software and accessories for the Police Department, with funding from 334-6111-519-64.29 (COPS Hore 98 Grant). 9. Regular Agenda: FUNDING REQUEST/ROOTS CULTURAL FESTIVAL: Consider approval of a funding request in the amount of $5,500 for the 2001 Roots Cultural Festival. Funding is available from 001-1111-511-48.10 (City Commission Special Event Account). (Approved 5-0) B. CDBG CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER): Consider approval of the Community Development Block Grant (CDBG) Consolidated Annual Performance and Appraisal Report (CAPER) for FY 2000 as required by the U.S. Department of Housing and Urban Development. -4- Regular Commission Meeting December 12, 2000 (Approved 5-0) C. PARKS AND RECREATION MASTER PLAN/NEEDS ASSESSMENT: Provide direction concerning the three top-ranked firms for preparation of a Parks and Recreation Master Plan/Needs Assessment. (Motion to accept staff's recommendations. Approved 5-0) SPECIAL EVENT REQUEST/12TH ANNUAL DOWNTOWN ART FESTIVAL: Consider a request for special event approval to allow the 12th Annual Downtown Art Festival sponsored by Howard Alan Events to be held January 20-21, 2001, including temporary use permit for street closure and parking lot use, staff assistance for traffic control and barricading, and event signage to be installed one week prior to the event, with all overtime costs to be paid by the event sponsor. (Approved 5-0 - Subject to staff's recommendations.) RESOLUTION NO. 102-00 (AIRCRAFT NOISE REDUCTION): Consider approval of a resolution requesting that the United States Congress and the Federal Aviation Administration adopt an amendment to the Airport Noise and Capacity Act of 1990 to provide that all non-Stage 3 domestic and foreign subsonic turbojet airplanes, including those weighing less than 75,000 pounds, be phased out of service completely by January 1, 2005, or as soon as reasonably possible on an aggressively accelerated schedule. (Approved 5-0) 10. Public Hearings: A. ORDINANCE NO. 34-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations to increase the parking requirement for restaurants in the original DDA area to six (6) spaces per 1,000 square feet of floor area, and amending Sections 4.4.13(G) and 4.4.24(G) by deleting the one time one space parking reduction in the Central Business District (CBD) and the Old School Square Historic Arts District (OSSHAD). If passed, a second public hearing will be scheduled for January 2, 2001. (Denied 5-0) -5- Regular Commission Meeting December 12, 2000 ORDINANCE NO. 35-00 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations relative to Alcohol and Drug Abuse Treatment Facilities. If passed, a second public hearing will be scheduled for January 2, 2001. (Approved 5-0) 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. no City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: no ORDINANCE NO. 36-00: An ordinance amending Chapter 71, "Parking Regulations", of the City Code by amending Section 71.999, "Penalty", to revise the fees charged for parking violations. If passed, a public hearing will be scheduled for January 2, 2001. (Approved 5-0) 13. Comments and Inquiries on Non-Agenda Items. no City Manager City Attorney City Commission ******************** ADJOURNED AT 8:15 ************************ -6-