02-15-00FEBRUARY 15, 2000
A Regular Meeting of the City Commission of the City
of Delray Beach, Florida, was called to order by Mayor Jay
Alperin in the Commission Chambers at City Hall at 6:00 P.M.,
Tuesday, February 15, 2000.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Bill Schwartz
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Jim
Atchison, Church of the Palms.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
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Agenda Approval.
...moved to approve the agenda as amended, seconded by
.... Upon roll call the Commission voted as follows: Hr. Schmidt
- Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph -
Yes; Mayor A1perin - Yes. Said motion passed with a 5 to 0
vote.
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Approval of Minutes:
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Proclamations:
6.a.
Recognizing The Sandoway House on achieving the status
of a Florida Certified Yard
6.B. Recognizing and commending the
1999
Delray Rocks
Football Program
6.C.
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American Red Cross Month - March 2000
Presentations:
Ernst & Young - Annual Audit Report
7.B. Kathleen Daley - 2000 Legislative Agenda
7.C. Tourist Development Council (Mayor Alperin)
CONSENT AGENDA: City Manager recommends approval.
8.a.
FINAL PLAT APPROVAL/SPANISH TRAIL - DOGWOOD TOWN
HOMES: Approve the final subdivision plat for Spanish Trail -
Dogwood Townhomes, a three lot townhouse development to be
located at the northwest corner of Spanish Trail and Dogwood
Drive.
8.B.
LANDSCAPE MAINTENANCE AGREEMENT/ENTERPRISE RENT-A-CAR:
Approve a Landscape Maintenance Agreement associated with
Enterprise Rent-A-Car at 959 S.E. 6th Avenue. The subject
property is located at the northeast corner of S.E. 6th Avenue
(northbound Federal Highway) and S.E. 10th Street (Lots 1 & 2,
Block 1, Rio Del Rey Shores).
8.C.
EXTENSION OF SEA TURTLE MONITORING CONTRACT WITH DR.
JOHN FLETEMEYER: Approve an amendment to the letter agreement
with Dr. John Fletemeyer for the sea turtle conservation program
to extend the contract for three years (through 2004) at the
current annual rate of $13,444.20, with funding from 332-4164-
572-34.90 (Beach Restoration Fund). The cost is partially
reimbursed by federal and state appropriations.
8.D.
AMENDMENT TO LEASE AGREEMENT WITH FLORIDA EAST COAST
RAILWAY COMPANY: Approve an amendment to the lease agreement
with the FEC Railway for the City's lease of four (4) parcels of
land for parking, roadway and beautification purposes, as amend-
ed to reduce the leased area, and a proportionate adjustment to
the annual base rental fee.
8.E.
AMENDMENT #001 TO SUBSTANCE ABUSE GRANT CONTRACT WITH
FLORIDA DEPARTMENT OF CHILDREN & FAMILIES: Approve Amendment
#001 to the contract between the City and the Department of
Children & Families (DCF) - Alcohol, Drug Abuse and Mental
Health (ADH) Program Office which provides funding in the amount
of $135,000 for substance abuse prevention activities through
MAD DADS for FY 1999/2000 (July 1, 1999 thru June 30, 2000).
8.F.
FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO
GRAM: Approve a funding subsidy in the amount of $21,581.00 for
an income eligible applicant under the Delray Beach Renaissance
Program, with funding from 118-1924-554-83.01 (SHIP Program)
representing the 96th homeownership assistance grant provided
through the program to-date.
8.G.
SERVICE AUTHORIZATION #5/MATHEWS CONSULTING (BARRIER
ISLAND IMPROVEMENTS): Approve Service Authorization ~5 in the
amount of $105,300.00 with Mathews Consulting, Inc. for prelimi-
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nary and final design services related to the Barrier Island
Improvements project, with funding from 448-5470-538-65.42
(Stormwater Utility - Barrier Island Improvements). This is a
2000 Roadway Improvement Bond project.
8.H.
CLOSEOUT CHANGE ORDER #1 & FINAL PAYHENT/JSfW CONSTRUC
TION CORPORATION (RENOVATIONS TO POMPEY PARK RECREATIONAL FACILI
TIES): Approve closeout Change Order ~1 in the amount of
$22,673.01 and final payment in the amount of $34,294.21 to JMW
Construction Corporation for completion of the Renovations to
Pompey Park Recreational Facilities project, with funding in the
amount of $27,083.21 from 334-4172-572-63.03 (Pompey Park Ball-
fields) and $7,211.00 from 112-2172-521-49.50 (Police Department
Crime Prevention).
8.I. RESOLUTION NO. 15-00: Approve a resolution assessing
costs for the emergency board-up of an unsafe structure located
at 45 N.W. 14th Avenue.
The caption of Resolution No. 15-00 is as follows:
A RESOLUTION OF THE CITY COMMiSSiON OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 15-00 is on file
in the City Clerk's office.)
8.J. RESOLUTION NO. 16-00: Approve a resolution assessing
costs for abatement action necessary to remove nuisances on
sixteen (16) properties throughout the City.
The caption of Resolution No. 16-00 is as follows:
A RESOLUTION OF THE CITY COMMiSSiON OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
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ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR
AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 16-00 is on file
in the City Clerk's office.)
8.K.
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period January 31st through February 11, 2000.
8.5.
AWARD OF BIDS AND CONTRACTS:
Lease award to Xerox for the three year lease of
a Xerox 5352 Copier for the Engineering and
Construction divisions at a total lease cost over
the three year period of $10,629.00, with pricing
per Florida State contract and funding from 001-
2911-519-44.30 (Engineering - Equipment
Rental/Lease).
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Contract award in the total amount of $249,998.00
to Green Team Enterprises, Inc. (d/b/a GTE, Inc.)
for construction of the Community Center Addition
and Roof Repair project (base bid for building
addition @ $151,778.00 plus alternate bid for
roof repairs @ $98,220.00), with funding from
334-4125-572-62.10 (Community Center Addition)
for $151,778 and 334-6112-519-62.10 (R&R Build-
ings) for $98,220.
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Bid award in the total amount of $55,510.00 to
Line-Tech, Inc. for relocation of 57 water
services from rear yard to front yard, with
funding from 442-5178-536-65.17 (W&S Renewal &
Replacement - Water Service Relocation).
........... moved to approve the Consent Agenda,
seconded by ..... Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5
to 0 vote.
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9. REGULAR AGENDA:
9.A. APPEAL OF HISTORIC
PRESERVATION
BOARD DECISION:
Consider an appeal of the Historic Preservation Board's condi-
tions of approval for the Silberstein Office Building (COA-399)
located at 219 N.E. 1st Avenue. QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial hearing which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered into the record the Planning and Zoning Department's
file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of
.............. and recommended approval.
The following individuals spoke in opposition:
The following individuals spoke in favor:
The public hearing was closed.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
............. moved to ......... , seconded by .... Upon
roll call the Commission voted as follows: Mr. Schwartz - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
9.B.
CONDITIONAL USE MODIFICATION FOR CREATIONS OF DELRAY
BEACH: Consider a request for conditional use modification to
add 10,000 sq.ft, of floor area to the approved project for
Creations of Delray Beach, located at the northeast corner of
Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 1st Street within
the former Winn Dixie building. The subject property is zoned
CBD (Central Business District). The Planning and Zoning Board
and staff recommend DENIAL. QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial hearing which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
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The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered into the record the Planning and Zoning Department's
file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of
.............. and recommended approval.
The following individuals spoke in opposition:
The following individuals spoke in favor:
The public hearing was closed.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
....... moved to ...... , seconded by .... Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr.
Schwartz - Yes. Said motion passed with a 5 to 0 vote.
9.C. ADDITIONAL FUNDING REQUEST/SANDOWAY HOUSE: Consider a
request from The Sandoway House for funding assistance in the
total amount of $17,200.00.
....... moved to ........ , seconded by ........ Upon roll
call the Commission voted as follows: Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Ran-
dolph - Yes. Said motion passed with a 5 to 0 vote.
9.D.
CRA APPLICATION FOR TEA'21 (FORMERLY ISTEA) FUNDING
FOR WEST ATLANTIC AVENUE: Consider a request from the Community
Redevelopment Agency for the City's participation and assistance
with the CRA's application to the Metropolitan Planning
Organization (MPO) for TEA'21 (formerly ISTEA, Intermodal
Surface Transportation Efficiency Act) funding for enhancement
or beautification activities on West Atlantic Avenue.
....... moved to ....... , seconded by ....... Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mrs.
Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes. Said motion passed with a 5 to 0 vote.
9.E. SPECIAL EVENT REQUEST/ST. PATRICK'S DAY PARADE:
Consider a request for special event approval for the St. Pat-
rick's Day Parade to be held on Saturday, March 11, 2000,
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including temporary use permits for street closures, staff
support for traffic control and security, barricading, trash
removal and assistance in obtaining the FDOT permit.
....... moved to ......... , seconded by ..... Upon roll
call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9.F.
SPECIAL EVENT REQUEST/WINTER STREET CRAFT FESTIVAL:
Consider a request for special event approval for the 5th Annual
Delray Beach Winter Street Craft Festival to be held on February
26-27, 2000, from 10:00 a.m. to 5:00 p.m., including a temporary
use permit and staff support for Police security with the event
sponsor paying all overtime costs.
...... moved to ...... , seconded by ..... Upon roll call
the Commission voted as follows: Mr. Schwartz - Yes; Mr. Ran-
dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer
- Yes. Said motion passed with a 5 to 0 vote.
9.G. RESOLUTION NO. 14-00: Consider approval of a resolu-
tion authorizing the execution of a Bond Agreement with Nations-
Bank in the amount of $10 Million at a rate of 5.245% for an
approximate 20 year term, for the purpose of financing the 2000
Roadway Improvement Bond Program and a portion of the 800 MHz
Radio System.
The caption of Resolution No. 14-00 is as follows:
A RESOLUTION OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $10,000,000.00
IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE
BONDS, SERIES 2000, OF THE CITY OF DELRAY
BEACH, FLORIDA FOR THE PURPOSE OF FINANCING
ALL OR A PORTION OF THE COSTS OF CERTAIN
ROADWAY IMPROVEMENTS WITHIN THE CITY INCLUD-
ING APPURTENANT WATER, SEWER AND DRAINAGE
WORK, AND A PORTION OF THE COSTS OF A 800
MHZ RADIO SYSTEM AND ALL INCIDENTAL COSTS
RELATING THERETO; DETERMINING THE NEED FOR A
NEGOTIATED SALE OF SUCH BONDS TO BANK OF
AMERICA, N.A., DOING BUSINESS AS NATIONS-
BANK, N.A. (THE "BANK"); PROVIDING FOR THE
TERMS AND PAYMENT OF SAID REVENUE BONDS,
SERIES 2000, AND THE RIGHTS, REMEDIES AND
SECURITY OF THE OWNERS THEREOF; MILKING
CERTAIN COVENANTS RELATING TO THE ISSUANCE
OF SAID REVENUE BONDS, SERIES 2000; APPROV-
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ING THE FORM OF AND AUTHORIZING THE EXECU-
TION OF A BOND PURCHASE AGREEMENT WITH THE
BANK, DESIGNATING THE REVENUE BONDS, SERIES
2000 AS "QUALIFIED TAX-EXEMPT OBLIGATIONS"
WITHIN THE MEANING OF SECTION 265(b) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED;
AUTHORIZING THE PROPER OFFICERS OF THE CITY
TO DO ALL OTHER THINGS DEEMED NECESSARY OR
ADVISABLE IN CONNECTION WITH THE ISSUANCE OF
SAID BONDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
(The official copy of Resolution No. 14-00 is on file
in the City Clerk's office.)
..... moved to approve Resolution No. 14-00, seconded
by ...... Upon roll call the Commission voted as follows: Hr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes; Mr. Schwartz - Yes. Said motion passed with a 5
to 0 vote.
9.H.
LOCATION OF PLAYGROUND EQUIPMENT AT ORCHARD VIEW PARK:
Consider an alternate site for the location of playground equip-
ment at Orchard View Park that will be accessible to both school
children and park users.
....... moved to approve ...... , seconded by ..... Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.I.
REVISED PROPOSAL FOR ACQUISITION OF RECREATION FACILI
TIES AT INTERNATIONAL TENNIS RESORT:
9.j. APPOINTMENT TO PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint a member (representative of employees or employee organ-
izations) to the Public Employees Relations Commission (PERC)
for a four year term ending March 13, 2004. The appointment
will be made by Commissioner Schmidt (Seat ~1) .
Commissioner $chmidt moved to appoint ...... (represen-
tative of employees or employee organizations) to the Public
Employees Relations Commission (PERC) for a four year term
ending Harch 13, 2004, seconded by Upon roll call the Commis-
sion voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes;
Mr. Schwartz - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the City
Commission moved to the duly advertised Public Hearings portion
of the agenda.
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10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 3-00: An ordinance rezoning four
properties located at the southwest corner of Palm Trail and
McKee Lane from R-1-A (Single Family Residential) District to RM
(Medium Density Residential) District. Prior to consideration
of passage of this ordinance on Second and FINAL Reading, a
public hearing has been scheduled to be held at this time.
QUASI-JUDICIAL HEARING
The City Manager presented Ordinance No. 3-00:
AN ORDINANCE OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT IN THE RM
(MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY)
DISTRICT; SAID LAND BEING FOUR PROPERTIES
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
PALM TRAIL AND McKEE LANE, AS MORE PARTICU-
LARLY DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 3-00 is on file in
the City Clerk's office.)
The City Attorney stated this item will be conducted
as a quasi-judicial hearing which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered into the record the Planning and Zoning Department's
file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of
.............. and recommended approval.
The following individuals spoke in opposition:
The following individuals spoke in favor:
The public hearing was closed.
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There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
.... moved to adopt Ordinance No 3-00 on Second and
FINAL Reading, seconded by .... Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
10 .B.
ORDINANCE NO. 5-00 (FIRST READING/FIRST PUBLIC HEAR
ING): An ordinance amending LDR Section 4.4.24, "Old School
Square Historic Arts District (OSSHAD)", by adding 'Catering
Services' as a permitted use, and providing for floor area
limitations and restrictions on vehicle storage in conjunction
with said use. If passed, a second public hearing will be
scheduled for Harch 7, 2000.
The City Manager presented Ordinance No. 5-00:
AN ORDINANCE OF THE CITY COHHISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER FOUR, "ZONING REGULATIONS", SECTION
4.4.24, OLD SCHOOL SQUARE HISTORIC ARTS
DISTRICT (OSSHAD)", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY
AMENDING SUBSECTION 4.4.24(B), "PRINCIPAL
USES AND STRUCTURES", BY ADDING 'CATERING
SERVICES' AS A PERMITTED USE; AMENDING
SUBSECTION 4.4.24(H), "SPECIAL DISTRICT
REGULATIONS", TO PROVIDE FOR FLOOR AREA
LIMITATIONS AND RESTRICTIONS ON VEHICLE
STORAGE IN CONJUNCTION WITH CATERING SERVIC-
ES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 5-00 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter
of the City of Delray Beach, Florida. The public hearing was
closed.
.......... moved to approve Ordinance No. 5-00 on First
Reading and First Public Hearing, seconded by ..... Upon roll
call the Commission voted as follows: Mr. Schwartz - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
10 .C.
ORDINANCE NO. 2-00: An ordinance amending Chapter 56,
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"Stormwater", Section 56.04, "Definitions", of the City Code by
removing the definitions of "Director" and "Department", and
amending Section 56.17, "Adjustment of Stormwater Hanagement
Assessments", by adding the definition of the term "Director".
time.
The City Manager presented Ordinance No. 2-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 56, "STORMWATER", SECTION 56.04,
"DEFINITIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, BY REMOVING THE
DEFINITION OF "DIRECTOR" AND BY REMOVING THE
DEFINITION OF "DEPARTMENT"; AMENDING SECTION
56.17, "ADJUSTMENT OF STORMWATER MANAGEMENT
ASSESSMENTS", BY ADDING THE DEFINITION OF
THE TERM "DIRECTOR"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 2-00 is on file in
the City Clerk's office.)
..... moved to adopt Ordinance No. 2-00 on Second and
FINAL Reading, seconded by Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said
motion passed with a 5 to 0 vote.
10 .D.
ORDINANCE NO. 4-00 (FIRST READING/FIRST PUBLIC HEAR
ING): An ordinance amending the Land Development Regulations by
adding 'Public Parking Lots' and 'Pocket Parks" as permitted
uses within residential zoning districts. If passed, a second
public hearing will be scheduled for March 7, 2000.
The City Manager presented Ordinance No. 4-00:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH BY AMENDING CHAPTER FOUR,
"ZONING REGULATIONS", SECTION 4.4.3, "SINGLE
FAMILY RESIDENTIAL (R-i) DISTRICTS", SUBSEC-
TION 4.4.3 (B) , "PRINCIPAL USES AND STRUC-
TURES PERMITTED"; AMENDING SECTION 4.4.5,
"LOW DENSITY RESIDENTIAL (RL) DISTRICTS",
SUBSECTION 4 . 4 . 5 (B) , "PRINCIPAL USES AND
STRUCTURES PERMITTED"; AMENDING SECTION
4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM)
DISTRICT", SUBSECTION 4.4.6 (B) , "PRINCIPAL
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USES AND STRUCTURES PERMITTED"; AMENDING
SECTION 4.4.17, "RESIDENTIAL OFFICE (RO)
DISTRICT", SUBSECTION 4.4.17(B), "PRINCIPAL
USES AND STRUCTURES PERMITTED"; ALL BY
ADDING 'PUBLIC PARKING LOTS NOT ASSOCIATED
WITH A USE, PURSUANT TO AN ADOPTED NEIGHBOR-
HOOD OR REDEVELOPMENT PLAN' AND 'PUBLIC
POCKET PARKS' AS PERMITTED USES WITHIN THE
RESPECTIVE ZONING DISTRICTS; BY AMENDING
APPENDIX "A", "DEFINITIONS", OF THE LAND
DEVELOPMENT REGULATIONS TO PROVIDE A DEFINI-
TION FOR THE TERM 'POCKET PARK'; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 4-00 is on file in
the City Clerk's office.)
..... moved to approve Ordinance No. 4-00 on First
Reading and First Public Hearing ..... Upon roll call the Commis-
sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mrs. Archer - Yes; Mr. Schwartz - Yes; Mr. Randolph - Yes. Said
motion passed with a 5 to 0 vote.
11.
Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
ll.A. City Manager's response to prior public comments and
inquiries.
11 .B.
12.
13.
From the Public.
First Readings: None
Comments and Inquiries on Non-Agenda Items.
13 .A.
13 .B.
13.C.
13.C.1.
13.C.2.
13.C.3.
13.C.4.
13.C.5.
City Manager.
City Attorney.
City Commission.
Commissioner Schmidt
Commissioner Archer
Commissioner Schwartz
Commissioner Randolph
Mayor Alperin
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There being no further business, Hayor A1perin de-
clared the meeting adjourned at P.H.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of February 15, 2000, which
minutes were formally approved and adopted by the City Commis-
sion on
City Clerk
NOTE TO READER:
If the minutes you have received are not completed as indicated
above, this means they are not the official minutes of the City
Commission. They will become the official minutes only after
review and approval which may involve some amendments, additions
or deletions.
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13.C. City CommissioD.
13.C.1. Commissioner Schmidt commented that the landscaping is
overgrown at the Pines of Delray North development on Congress
Avenue. He was aware that the development's wall was to be
painted, but the landscaping is too overgrown to get in there.
13.C.2. Commissioner Archer had no comments or inquiries.
13.C.3. Coa-~issioner Schwartz had no comments or inquiries.
13.C.4. Commissioner Randolph had no comments or inquiries.
13.C.5. Mayor Alperin had no comments or inquiries.
There being no further business,
adjourned by Mayor Alperin at 8:30 p.m.
the meeting was
ATTEST:
City Cl~k
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the February 15, 2000 regular meeting of said City Commission,
which minutes were formally approved and adopted by the City
Commission on OCO ·
City Cle~
NOTE TO READER: If the minutes you have received are not com-
pleted as indicated above, this means they are not the official
minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some
amendments, additions or deletions.
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