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08-05-03 ResultsCity of Delray Beach Regular Commission Meeting ***AGENDA RESULTS*** Tuesday, August 5, 2003 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. ROLL CALL. (Mayor Perlman and Commissioner Costin absent) INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. (Vice-Mayor Levinson noted that Item 6.A, City of Delray Beach Fire Fighters' Appreciation Week is postponed until August 19, 2003 due to a request by the Muscular Dystrophy Association; Item 8.G, Tri-Party Agreement/First Night 2004 postponed until August 19, 2003 due to a request from staff; Item 9.C, Award of Contract/Law Enforcement Systems, Inc. by addendum was pulled; Item 10.A, Ordinance No. 22-03, should read permitted use; Approved as amended, 3-0). APPROVAL OF MINUTES: · July 22, 2003 - Regular Meeting (Approved, 3-0) PROCLAMATIONS: City of Delray Beach Fire Fighter Appreciation Week - August 25~h - September 1, 2003 (POSTPONED until August 19, 2003) B. Recognizing and Commending the People of Jamaica PRESENTATIONS: RESOLUTION NO. 51-03: Recognizing and Commending Ellen Wickert for 30 years of dedicated service to the City of Delray Beach. (Approved, 3-0) CONSENT AGENDA: City Manager Recommends Approval. (Approved as amended, 3-0) FINAL SUBDIVISION PLAT APPROVAL/POINTE AT LAMBERT TRAILER COURT: Approve the subdivision plat for Pointe at Lambert Trailer Court, located on the southeast corner of S.E. 5~h Avenue and East Atlantic Avenue. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00. C. PALM BEACH COUNTY SPORTS COMMISSION/CITY OF DELRAY BEACH AGREEMENT: Approve an agreement between the City of Delray Beach and the Palm Beach County Sports Commission for the development of a Community Olympic Development Wrestling Program at Atlantic High School in the amount of ~gl0,000.00. Funding is available from 115-4924-572-49.90 (Special Projects Fund/Other Current Charges). -2- 08-05-2003 D. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTS: Approve and authorize the execution of funding agreements in the total amount of $11,200.00 with four (4) sub-recipients (Southwest President's Association, Delray Beach American Little League, Expanding and Preserving Our Cultural Heritage (EPOCH), and Children Learning After School Sessions, Inc. (CLASS)) under the Weed & Seed program for FY 2003. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). MAINTENANCE AND SUPPORT AGREEMENT/MOTOROLA, INC.: Approve an agreement between the City of Delray Beach and Motorola, Inc. for the maintenance and support of the Police Deparn-nent's field computer applications. Funding is available from 001-2113-521-46.90 (General Fund/Other Repair & Maintenance Costs). ACCEPTANCE OF INTERLOCAL AGREEMENT/BUS SHELTERS: Approve and accept an interlocal agreement between the City of Delray Beach and Palm Beach County for reimbursement funding regarding the installation of forty-seven (47) transit bus shelters throughout the City. TRI-PARTY AGREEMENT/FIRST NIGHT 2004: Approve an agreement between the City, Joint Venture, and Old School Square and proposed budget for the First Night 2004 Event. (POSTPONED until August 19, 2003) TEMPORARY SERVICES/PLANNING AND ZONING DEPARTMENT: Approve an increase in the amount of $7,001.00 to the existing purchase order for temporary services for the Planning and Zoning Department, to a total of $22,000.00. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 21, 2003 through August 1, 2003. AWARD OF BIDS AND CONTRACTS: Contract award to Atlantic Painting & Sandblasting, Inc. in the amount of $47,300.00 via the Martin County Contract for sandblasting and painting the metal surfaces within Clarifier No. 3 at the Water Treatment Plant. Funding is available from 441-5122-536-46.90 (Other Repair/Maintenance). Purchase award to FiberCat Networking in the amount of $45,870.82 for new surveillance computer/video monitors for the Water Treatment Plant Control Room. Funding is available from 441-5122-536-64.90 (Other Machinery/Equipment). Purchase award to the Dictaphone Corporation in the amount of $66,919.70 via GSA Contract #GS-03-F-4040B for a replacement voice recording system for the Police Deparnnent Communications Center. Funding is available from 001- 2113-521-64.90 (Other Machinery/Equipment). Contract award to the Florida Coca-Cola Bottling Company for beverage vending services and fountain services. 08-05-2003 9. REGULAR AGENDA: 10. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 1st Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of Florida, to be held on April 3-4, 2004 from 11:00 a.m. until 6:00 p.m. on the grounds of Old School Square and on a portion of the Community Redevelopment Agency (CRA) parking lot, including a temporary use permit per LDR Section 2.3.6(H) for the closure and use of N.E. 1st Avenue north of the grounds of Old School Square to N.E. 1~ Street, staff assistance for traffic control/security, trash removal/clean up with event signage to be installed one week prior to the event; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and approval from the CRA for the use of their parking lot. (Approved, 3-0) PUBLIC COMMENTS/FY 2004 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2004 Proposed Budget at this time. AWARD OF CONTRACT/LAW ENFORCEMENT SYSTEMS, INC.: Consider approval of a contract between the City of Delray Beach and Law Enforcement Systems, Inc. for the collection of backlogged parking citations and associated fees for a term of three (3) years with two (2) one (1) year renewals. (PULLED) PUBLIC HEARINGS: ORDINANCE NO. 22-03 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending the Land Development Regulations Section 4.4.11 "Neighborhood Commercial" Zoning District to clarify the uses subject to the special regulations section and to add vocational schools limited to Arts and Crafts, Business, Beauty, Dancing, Driving, Gymnastics, Photography, Modeling, and Karate-Judo as a v ...... v,, permitted use. If passed, a quasi-judicial public hearing will be scheduled for August 19, 2003. (Approved, 3-0) ORDINANCE NO. 24-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations regarding parking requirements for self service storage facilities within the North Federal Highway Overlay District. (Quasi-JudicialHearing) (Approved, 3-0) ORDINANCE NO. 20-03 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2003-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2003-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Deparn~nent of Community Affairs. Amendment 2003-02 includes: (Approved, 3- 0) 1. Redevelopment Plan for the Wallace Drive Industrial Area. 2. Amendments to the Text of the Comprehensive Plan include: -4- 08-05-2003 11. 12. a) Modification of Future Land Use Element Policy C-2.3 to reflect adoption of a Redevelopment Plan for Redevelopment Area #2 (Wallace Drive Industrial Area). b) Creation of Future Land Use Element Policy C-1.7 to reflect completion of a Neighborhood Redevelopment Plan for the Southwest Area. Amendments to the Future Land Use Map include: a) Future Land Use Map Amendment from TRN (Transitional) in part and OS-C (Open Space-Conservation) in part to MD (Medium Density Residential 5-12 du/ac) for a 0.509 acre portion of the Delray Harbor Club Condominium Development, located on the east side of U.S. Highway 1, approximately 650' south of S.E. 10~h Street. b) City initiated Future Land Use Map Amendment for approximately 45.5 acres from RDA-2 (Redevelopment Area #2) to CMR (Commerce) in part, IND (Industrial) in part and CF-C (Community Facilities- Churches) in part for the Wallace Drive Redevelopment Area. c) City initiated Future Land Use Map Amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for the following areas pursuant to the adopted Southwest Area Neighborhood Redevelopment Plan: i. South of West Atlantic Avenue and North of S.W. 1st Street, between S.W. gh Avenue and S.W. 12~h Avenue ii. East and West Sides of S.W. 5~h Avenue, south of S.W. 1st Street iii. Northwest corner of S.W. 1~ Street and S.W. 4~h Avenue COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2003 2004): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds. (Approved, 3-0) COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 25-03: An ordinance designating the Amelung House located at 106 N.E. 12~h Street to the Local Register of Historic Places. If passed, a public hearing will be scheduled for August 19, 2003. (Approved, 3-0) 08-05-2003 13. Bo ORDINANCE NO. 26-03: An ordinance amending Section '/1.030 of the Code of Ordinances relating to the immobilization regulations on private property. If passed, a public hearing will be scheduled for August 19, 2003. (Approved, 3-0) COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission Meeting adjourned at Z'4O p.rn. ****** POSTED: AUGUST 1,200:3 08-05-2003