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04-14-87 Regular CITY OF DELRAY BEACH - CITY COMMISSION 7:00 p.m. AGENDA Commission Chambers 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 or hearing, such persons will need a record of these pro- ceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Proclamations: a. Commendation - Paul Hoeffer. b. Association for the Education of Young Children of the Palm Beaches - April 24-30, 1987. c. Barrier Awareness Day - May 7, 1987. d. Victim Rights Week - April 26-May 2, 1987. e. National Consumers Week - Week beginning April 19, 1987. f. Israel Independence Day - May 3, 1987. 5. Agenda Approval. Action: Motion to approve. PUBLIC HEARING 6. Ordinance No. 27-87 - Amendin~ Zonin~ Code - Special Re~ulations for Automobile Dealerships and Related Uses. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances relative to establishing special regulations for automobile dealerships and related uses. Recommendation: Planning & Zoning Board and Acting Planning Director recommend approval. Action: To adopt the Ordinance on Second Reading. 7. Ordinance No. 29-87 - Amendin~ Zonin~ Code - Proposed Residen- tial Uses in Commercial Zonin~ Districts. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances to permit single family residences in certain commercial zoning districts. Recommendation: Planning & Zoning Board and Acting Planning Director recommend approval. Action: To adopt the Ordinance on Second Reading. 8. Ordinance No. 17-87 - Amendin~ Code - Loud Speakers and Public Address Svstem. Second Reading and PUBLIC HEARING amending Chapter 16 "Offenses - Miscellaneous" of the Code of Ordinances relative to outside speakers or public address system. Recommendation: Commission action. Action: To adopt the Ordinance on Second Reading. 9. Ordinance No. 18-87 Amendin~ Zonin~ Code Landscapin~. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances relative to special landscape set- backs. Recommendation: Commission action. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. Second Reading of the Code of 11-87 Amendin~ and PUBLIC HEARING Ordinances relative Code Parkin~ Violations. amending Chapter 26 "Traffic" to parking violations. Recommendation: City Attorney recommends approval. Action: To adopt the Ordinance on Second Reading. 11. Ordinance No. 14-87 - Amendin~ Code - Parkin~ Penalties. Second Reading and PUBLIC HEARING amending Chapter 26 "Traffic" of the Code of Ordinances relative to parking penalties. Recommendation: City Attorney recommends approval. Action: To adopt the Ordinance on Second Reading. 12. Ordinance No. 10-87 - Amendin~ Code - Planned Commercial Center District Si~na~e. Second Reading and PUBLIC HEARING amending Chapter 9 "Building and Construction" of the Code of Ordinances relative to signage governing the Planned Commercial Center District. Recommendation: Director of Development and Inspection/CBO recommends approval. Action: To adopt the Ordinance on Second Reading. 13. Ordinance No. 11-87 Amendin~ Zonin~ Code Definition of Kitchep. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances to provide for the definition of kitchen. Recommendation: Acting Planning Director and Director of Development and Inspection/CBO recommend ap- proval. Action: To adopt the Ordinance on Second Reading. 14. Ordinance No. 21-87 Amendin~ Code Floor Slab Elevations. Second Reading and PUBLIC HEARING amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to estab- lishing an alternative variance procedure to permit floor slab elevation of less than 18 inches above the crown of the road. Recommendation: Commission action. Action: To adopt the Ordinance on Second Reading. 15. Ordinance No. 26-87 - South Countv Mental Health Center Annex- ation. Second Reading and PUBLIC HEARING relative to annexing a 5.07 acre parcel subject to MOI (Medical Office and Institu- tional) zoning district, located on the east side of Military Trail, approximately 700 feet south of Linton Boulevard. This annexation is being accomplished by virtue of a water service agreement executed on June 18, 1981. Recommendation: Planning & Zoning Board and Acting Planning Director recommend approval. Action: To adopt the Ordinance on Second Reading. * 16. Ratification of Sale of Citv Prooertv. PUBLIC HEARING to con- sider ratification of sale of a portion of Lot 26, Subdivision of Section 20, Township 46 South, Range 43 East, S. W. lOth Avenue. This parcel is included in the land swap with the Arch- diocese. Recommendat1Qn: Commission action. Action: Motion to ratify sale of City property. AGENDA 4-14-87 Page 2 CONSENT AGENDA *17. Reouisition No. 19 - S. G. Phillips Constructors of Florida. Inc. Consider authorizing payment of Requisition No. 19 in the amount of $24,019.50 for Regional Wastewater Plant Expansion. Recommendation: City Manager concurs in the recommendation of the Public Utilities Director. Action: Motion to approve. *18. Reconstruction of Lift Station No. 84. Consider award of con- tract to the low bidder, R. J. Sullivan Corporation, for the re- construc tion of Li ft Station No. 84, located at 480 High Poin t Drive, in the amount of $18,800, with funds to come from the 1986/87 budget. Recommendation: City Manager concurs in the recommendation of the Public Utilities Director. Action: Motion to award contract. *19. Pickup Truck - Public Works Deoartment. Consider award of con- tract to Bill Wallace Ford, because of warranty service, for one one-half ton pickup truck in the amount of $9,357.80, with funds to come from the 1986/87 budget. Recommendation: City Manager concurs of Director of Public to award contract. in the recommendation Works/City Engineer. Action: Motion *20. Vans Fire Department. Consider award of contract to Bill Wallace Ford, because of warranty service, for two economy Aerostar Vans and one E-150 Club Van in the amount of $33,754.04, with funds to come from the 1986/87 budget. Recommendation: City Manager concurs in the recommendation of the Fire Chief. Action: Motion to award contract. *21. 1986/87 Sidewalk Proiect. Consider award of contract to the low bidder, Henry Haywood, in the amount of $35,625, with funds to come from General Fund Contingency from lapsed funding in 1985/86, for sidewalks at the following locations: S. E. 1st Street - Swinton to 1st Avenue N. W. 37th Avenue - North of Lake Ida Road S. W. 8th Court - Swinton to S. W. 4th Avenue Avenue L - Florida Boulevard to Spanish Trail N. W. 1st Street - Swinton to N. W. 1st Avenue Recommendation: Ci ty Manager concurs of Director of Public to award contract. in the recommendation Works/City Engineer. Action: Motion *22. Chan~e Order No.1 - Asbestos Abatement of Florida. Inc.. Con- sider approval of Change Order No. 3 which completes the asbestos removal at the North Water Treatment Plant and South Water Treatment Plant in the amount of $6,200.00, with funds to come from the 1986/87 budget. Contract price prior to this CO was $116,479.00. Recommendation: City Manager concurs in recommendation of Public Utilities Director and Director of Public Works/City Engineer. Action: Motion to approve Change Order. AGENDA 4-14-87 Page 3 * 30. Si~n for South Countv Courthouse. erec t a proj ect sign at the si te Facility on Atlantic Avenue. Consider request of waiver to of the South County Judicial Recommendation: City Manager recommends approval. Action: Motion to approve. *31. Rules of Procedure - Board of Construction Appeals. Recommenda tion: Ci ty Manager concurs in the recommendation of the Board of Construction Appeals and the City Attorney. Action: Motion to approve. *32. Nuisance Abatement. Resolution No. 12-87 assesses costs of abat- ing nuisances in accordance with Section 13-13 on 54 parcels. Recommendation: City Manager concurs in recommendation of City Clerk. Action: To adopt the Resolution. REGULAR AGENDA General Administration. Finance and Personnel * 33. ACQuisition of .79 Acres - North Swinton Avenue and N. E. 1st Street. Consider authorizing execution of a contract between the City and Gracey-Helms Investments, Inc. for the purchase of a .79 acre parcel, plus house, in the amount of $183,500 ($197,000 less $13,500 City demolition cost), subject to veri- fication of property value prior to closing. Funding is to come from General Fund Unrestricted Fund Balance. Recommendation: City Manager recommends approval. Action: Motion to approve execution of contract. 34. Appointment Civil Service Board. Consider appointment of Milford Ross, a regular member, who would be willing to serve another term as a regular member ending April 1, 1989. Recommendation: Commission action. Action: Motion to appoint Board member. * 35. Apoointment - Delrav Beach Human Relations Committee. Consider ratifying one NAACP appointee to a term ending March 15, 1988: Willy J. Spivey Recommendation: Commission action. Action: Motion to ratify Committee appointee. * 36. Aopointments - Board of Construction Aopeals. Consider appoint- ment of two members (Engineer and Real Estate/Insurance) to the Board of Construction Appeals to terms ending January 1, 1989. Recommendation: Commission action. Action: Motion to appoint Board members. * 37. Appointment - General Employees Pension Board. Consider appoint- ment of a member to the General Employees Pension Board. Recommendation: Commission action. Action: Motion to appoint Board member. Plannin~ and Development * 38. Amendments to Contract between Citv .Il!h Consider proposed amendments with contract between the City and Affairs. and Walter H. Keller. Jr.. to contract for compliance the Department of Communi ty Recommendation: Acting Planning Director recommends approval. Action: Motion to approve. AGENDA 4-14-87 Page 5 *39. Amendment to Contract between the Citv and Solin & Associates. Consider proposed amendment to contract for compliance with con- tract between the City and the Department of Community Affairs. Recommendation: Acting Planning Director recommends approval. Action: Motion to approve. * 40. Citv Comments on Four Countv Petitions. Consider request for transmittal of City comments to the County relative to the following petitions for special exception or site plan modifi- cations for unincorporated areas: a. b. Panagos Office/Warehouse Motor Homes and RVs on Military Trail N. E. 8th Street Marina Volvo Dealership c. d. Recommendation: Planning & Zoning Board and Acting Planning Director recommend approval. Action: Motion to approve. * 41. Ordinance No. 19-87 - Amendin~ Zonin~ Code - MIC and Commercial Zonin~ District. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances relative to MIC (Mixed Industrial) and Commercial Zoning District. Recommendation: Planning & Zoning Board and Acting Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing April 28th. * 42. Ordinance No. 40-87 - Peterson Rezonin~. First Reading rela ti ve to rezoning a 1.09-acre parcel from LI (Light Industrial) District to MIC (Mixed Industrial and Commercial) District, located on the west side of Congress Avenue, between Atlantic Avenue and the L-12 Canal. It is designated I (Industrial) on the City's Land Use Plan. Recommendation: Planning & Zoning Board and Acting Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing April 28th. Public Utilities * 43. Ordinance No. posal Rates. Sewers" of the in City Hall. 12-87 Amendin~ Code - Increase in Sewa~e Dis- First Reading amending Chapter 29 "Water and Code of Ordinances relative to posting of rates Recommendation: City Manager concurs in recommendation of Director of Public Utilities. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing April 28th. Le~al * 44. James O. retention Newman v. Newman v. William Adams and James Johnson. of outside independent counsel regarding William Adams and James Johnson. Consider James O. Recommendation: City Attorney recommends approval. Action: Motion to approve. * 45. Settlement Offer in Citv of Delrav Beach v. Arthur Novick Case. Consider settlement offer of $30,000 in the City of Delray Beach v. Arthur Novick case. Recommendation: City Attorney recommends approval. Action: Motion to approve. AGENDA 4-14-87 Page 6 PROCEDURAL ITEMS 46. Approval of minutes of Regular Meeting of March 24, 1987 and Special Meetings of March 3, 1987, March 12, 1987 and March 17, 1987. 47. Comments and Inquiries on Non-Agenda Items: a. Commission b. City Attorney c. City Manager d. Citizens AGENDA 4-14-87 Page 7 THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COMMISSION April 14, 1987 7:00 p.m. ADDENDUM Commission Chambers 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 or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. CORRECTION 20. Vans and Lar~e Four-Door Sedan - Fire Deoartment. Con- sider award of contract to Bill Wallace Ford, because of warranty service, for two economy Aerostar Vans, and one E- 150 Club Van in the amount of $33,754.04, with funds to come from the 1986/87 budget and one 1987 LTD Crown Victoria four-door sedan in the amount of $11,300.00, with funds to come from the 1986/87 budget. Recommendation: City Manager concurs in t~ 1:.ll.ll.om- mendation of the Fire Chief. Action: Motion to approve. THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COMMISSION April 14, 1987 7:00 p.m. ADDENDUM Commission Chambers 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 or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. CORRECTION 45. Settlement Offer in Citv of Delrav Beach v. Arthur Novick Case. Consider settlement offer of $30,000 in the City of Delray Beach v. Arthur Novick case. Recommendation: City Attorney recommends denial. Action: Motion to approve.