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.