07-14-87 Regular
CITY OF DEL RAY BEACH
- CITY COMMISSION
7:00 o.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. Presentation - Tennis Courts (Rov Simon).
5. Agenda Approval.
Action: a. Motion to amend "Local Rules" to move Section on
Comments and Inquiries on Non-Agenda Items by
Citizens to first item of Procedural Items.
b. Motion to approve Agenda.
PUBLIC HEARING
6. Ordinance No. 47-87 - Cable Television Franchise. Second Read-
ing and PUBLIC HEARING repealing Chapter 10 "Cable Television
Franchise" and enacting a new Chapter 10 "Cable Television
Franchise".
Recommendation: City Attorney recommends approval.
Action: To adopt the Ordinance on Second Reading.
7.
Ordinance
Franchise.
renewal of
to provide
Cable, Ltd.
No. 50-87 Renewal of Sunbelt Denntronics. Ltd.
Second Reading and PUBLIC HEARING relative to
Grantee II, Sunbelt Denntronics Cable, Ltd. franchise
for the expansion of Grantee II, Sunbelt Denntronics
Recommendation: City Attorney recommends approval.
Action: To adopt the Ordinance on Second Reading.
*8. Ordinance No. 51-87 - Increasinl!: Al!:l!:rel!:ate Floor Area Reouire-
ments. Second Reading and PUBLIC HEARING amending Chapter 30
"Zoning" of the Code of Ordinances relative to increasing the
aggregate floor area requirements for dwellings in the RM, RM-
10, RM-15 and RH districts.
Recommendation: Commission action.
Action: To adopt the Ordinance on Second Reading.
*9. Public Hearinl!: on the Communi tv Develooment Block Grant Prooosed
Statement of Obiectives and the Proiected Use of Funds. FY87/88.
Recommendation:
Commission action.
*10. Hal!:l!:ertv Land Use Plan Amendment. First PUBLIC HEARING relative
to a request to amend the Land Use Plan for a 9.1-acre parcel of
land from ART (Agricultural Residential Transitional), in part,
and SF (Single Family), in part to MF-H (Multi-Family High
Density). The property is located south of S. W. lOth Street,
between S. W. 8th Avenue and Germantown Road.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval, and that the peti-
tion be transmitted to the State Department
of Community Affairs for the required 90 day
review.
Action: Motion to approve.
*11. Seacrest Commercial Prooerties. Ltd. Land Use Plan Amendment.
First PUBLIC HEARING relative to a request to amend the Land Use
Plan for a 11. II-acre parcel of land from C (Commercial), in
part, MF-IO (Multiple Family 10 units/acre), in part and SF
(Single Family), in part, to the proposed Large Scale Mixed Use
Development land use category. The property is located on the
east side of North Federal Highway, betwen Allen Avenue and the
Delray Drive-In Theatre.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval, and that the peti-
tion be transmitted to the State Department
of Community Affairs for the required 90 day
review.
Action: Motion to approve.
*12. First PUBLIC HEARING to Amend the Text of the Land Use Element
of the Comorehensive Plan to Establish a "Larl!:e Scale Mixed Use
Development" Desil!:nation.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval, and that the
proposed text amendment be transmitted to
the State Department of Community Affairs
for the required 90 day review.
Action: Motion to approve.
CONSENT AGENDA
*13. Chanl!:e Order No.1 - Palm Sauare and Marine Wav. Consider ap-
proval of CO in the amount of $17,745.60 increase, for the 1986
resurfacing of Palm Square and Marine Way, along with additional
pavement markings. Funds are to come from the 1986/87 Resurfac-
ing Project, Capital Reserve. Contract price prior to this CO
is $ll2,215.75.
Recommendation:
Acting City Manager
mendation of the City
to approve Change Order
concurs in
Engineer.
No.1.
the
recom-
Action: Motion
*14. Customer Service Representative III Position. Consider the ad-
dition of a Customer Service Representative III Position in the
Utility Billing Division of the Finance Department at an annual
cost of $18,700, with funds to come from the Water/Sewer Fund.
Recommendation: Acting City Manager concurs in the recom-
mendation of the Finance Director.
Action: Motion to approve.
*15.
Noise Variance for Pile Drivinl!: at Atlantic Avenue
sider request for relief from the noise control
permit construction of a new fender system for
Avenue Bridge. Work is scheduled between the hours
and 6:00 a.m. from July 14th to September 16, 1987.
Bridl!:e. Con-
ordinances to
the Atlantic
of 8:00 p.m.
Recommendation: Commission action.
Action: Motion to approve.
AGENDA 7-14-87
Page 2
* 16. Gazebos - Parks & Recreation Department. Consider award of con-
tract to the low bidder, Ralph Osborn, for the construction of
two gazebos at the municipal beach in the amount of $13,078,
with funds to come from the 1986/87 budget.
Recommendation: Acting City Manager concurs in the recom-
mendation of the Parks & Recreation Director.
Action: Motion to award contract.
* 17.
Bucket Truck - Parks & Recreation Deoartment.
contract to the low bidder, Asplundh, for
bucket truck in the amount of $57,495, with
the 1986/87 budget.
Consider award of
a 1987 Ford F-700
funds to come from
Recommendation: Acting City Manager concurs in the recom-
mendation of the Parks & Recreation Director.
Action: Motion to award contract.
* 18. Renovation of the Concession Buildinl!: at Currie Commons Park.
Consider approval of and authorizing execution of agreement
between the City and Delray Beach National Little League for
renovation of the concession building located at the American
Legion Field in Currie Commons Park, at no expense to the City.
Recommendation:
Acting City Manager concurs in the recom-
mendation of the Parks & Recreation Director.
to approve and authorize execution of agree-
Action: Motion
ment.
* 19. Dispatch Contract - Town of Gulf Stream. Consider authorizing
execution of intergovernmental agreement from (retroactively)
June 15, 1987 to June 15, 1988 between the City and the Town of
Gul f Stream. Gul f Stream shall pay $20,000 to the Ci ty for
police dispatching and communications services.
Recommendation: Acting City Manager concurs in the recom-
mendation of the Police Chief.
Action: Motion to approve intergovernmental agreement.
* 20. Communi tv Development Block Grant Prol!:ram Activities Housinl!:
Rehabilitation Grant Award and Contract Award. Consider ap-
proval of the fOllowing Housing Rehab Grant Awards:
Low Bidder
Location
Amount
Henry L. Haywood
Henry L. Haywood
401 S. W. 8th Avenue
618 S. W. 7th Avenue
$12,590
13,624
Funds are available in the Community Development Block Grant Pro-
gram.
Recommendation: Acting City Manager recommends approval.
Action: Motion to approve.
* 21.
Aooointment - Communitv
ment of Armand Mouw to
1991.
Redevelopment Al!:encv. Consider appoint-
the CRA to a term ending September 9,
Recommendation: Commission action.
Action: Motion to appoint Agency Member.
* 22. Apoointment - Downtown Development Authoritv. Consider appoint-
ment of Connie Tuttle to the DDA to a term ending July 1, 1990.
Recommendation: Commission action.
Action: Motion to appoint Authority Member.
* 23.
Delrav Beach Human Relations Committee.
Betty Diggins to the Delray Beach Human
term ending March 15, 1988.
Consider appointment of
Relations Committee to a
Recommendation: Chamber of Commerce recommends appointment.
Action: Motion to ratify appointment.
AGENDA 7-14-87
Page 3
* 24.
Land Transfer to Housinl!: Authoritv.
of documents to effect transfer of
Delray Beach Housing Authority.
Consider approval of form
land from the City to the
Recommendation: Commission action.
Action: Motion to approve.
* 25. Seven Foot Strio Alonl!: Conl!:ress Avenue. Consider request from
Palm Beach County Land Acquisition Office to purchase from
Cities of Delray Beach and Boynton Beach, jointly, a seven foot
strip along Congress Avenue, adjacent to the road right-of-way
for $25,200.
Recommendation: Acting City Manager recommends approval.
Action: Motion to approve sale of real property under terms
and conditions as set forth in contract of sale.
* 26. Final Plat Approval - Linton Lake. Consider request for final
plat approval for Linton Lake, an approved mixed use development
consisting of 200 multi-family dwelling units and 325,000 square
feet of office space, located at the southwest corner of Linton
Boulevard and Congress Avenue.
Recommendation: Planning & Zoning
rector recommend
conditions.
Action: Motion to approve.
Board and
approval,
Planning
subject
Di-
to
* 27. Final Plat Aooroval - Second Amended Plat of Rainberrv Estates.
Consider request for final plat approval for the Second Amended
Plat of Rainberry Estates, a proposed two lot subdivision, being
a replat of Lots 67, 68 and 69 of the Amended Plat of Rainberry
Estates, located at the southwest corner of Davis Road and
Riviera Drive.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: Motion to approve.
* 28. Final Plat Aporoval Rainberrv Bav Section Nine-A. Consider
request for final plat approval for Rainberry Bay Section Nine-
A, being a replat of Lot 19 of Rainberry Bay Section Nine, to
allow for the extension of N. W. 23rd Lane into Rainberry
Estates. The property is located within the Rainberry Bay de-
velopment at the northernmost corner of the site.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: Motion to approve.
* 29. Administrative Relief for Comoact Car Parkinl!: Delrav Dental
Soecialists. Consider request for administrative relief to
allow five compact car parking spaces for long-term employee
parking use for Delray Dental Specialists, a proposed facility
for three private dental practices, located at the southeast
corner of S. E. 5th Street and S. E. 6th Avenue.
Recommendation: Technical Review Committee and Planning Di-
rector recommand approval.
Action: Motion to approve administrative relief.
* 30. Roots Cultural Festival. Resolution No. 25-87 supports Roots
CuI tural Festival in their effort to sponsor the lOth Annual
Roots Cultural Festival from July 23rd through August 9, 1987.
Recommendation: Commission action.
Action: Motion to adopt the Resolution.
AGENDA 7-14-87
Page 4
* 31. Beach Renourishment Proiect. Resolution No. 26-87 requests fund-
ing from the Department of Natural Resources for the FY 1989/90
beach renourishment project. Total cost is not to exceed
$5,225,000; with local cost to be $632,850. Funds are to come
from the Erosion Control Fund.
Recommendation: Acting City Manage.r concurs in the recom-
mendation of the City Engineer.
Action: Motion to adopt the Resolution.
* 32. Acceotance of Easement Deed - Rainberrv Estates. Consider ac-
ceptance of an easement deed granting replacement easements for
utility purposes, subject to the abandonment of streets and cul-
de-sacs within the Rainberry Estates subdivision.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: Motion to accept easement deed.
* 33. Abandonment of Streets and Cul-de-Sacs Within Rainberrv Estates.
Resolution No. 27-87 abandons all public streets and cul-de-sacs
within the Rainberry Estates subdivision. The property is locat-
ed on the west side of Davis Road, between N. W. 15th Street and
Lone Pine Road.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval, subject to the
acceptance and recordation of an easement
deed granting replacement easements for
utility purposes.
Action: Motion to adopt the Resolution.
*34. Relocation of Utilitv Collection and Code Enforcement Divisions.
a. Approve and authorize execution of a 24-month modular office
rental agreement to Gelco Space at a rate of $l,OOO/month
with a one-year renewal option to include bid fees for set-
up, delivery and tear-down with funding to come from the
Water and Sewer Fund.
b. Approve funding from the Water and Sewer Fund in the amount
of $13,850 for associated relocation costs.
Recommendation:
Acting City Manager concurs in
dation of Finance Director.
to approve agreement and funding, as
recommen-
Action: Motion
above.
set forth
* 35.
11th Annual Sunrise Kiwanis Beach Festival. Consider request
for use of the beach across from the Holiday Inn Camino Real for
the Beach Festival to be held on Saturday, July 25th from 9:00
a.m. to 3:00 p.m.
Recommendation: Acting City Manager recommends approval.
Action: Motion to approve usage.
REGULAR AGENDA
General Administration. Finance and Personnel
36. Reauest - Roots Cultural Festival.
quested from the City:
The following items are re-
a. Contribution of $1,000 to be used for the stage.
b. Payment for the services of five police officers as
security. The Festival will pay for the services of five
additional pOlice officers.
c. Permission for merchants along Atlantic Avenue to display
festival flags.
d. Permission to fly a "ROOTS CULTURAL FESTIVAL" banner across
the following intersections: (1) Atlantic Avenue and N. W.
12th Avenue and (2) N. W. 8th Avenue and Martin Luther King
Drive.
Recommendation: Commission action.
AGENDA 7-14-87
Page 5
*37. Application for a "Pocket of Povertv Elil!:ibilitv Determination".
Consider authorizing execution of application to the Department
of Housing and Urban Development for "Pocket of Poverty Eligi-
bility Determination".
Recommendation: Acting City Manager recommends approval.
Action: Motion to approve.
*38. Ordinance No. 52-87 Amendinl!: Code Repealinl!: the Internal
Audi t Committee. First Reading amending Chapter 2 "Adminis-
tration" of the Code of Ordinances relative to repealing the
Internal Audit Committee from Code.
Recommendation: Commission action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing July 28th.
* 39. Ordinance No. 55-87 Amendinl!: Code Eliminate the Need and
Formalitv for a Beautification Trust Fund Committee. First
Reading amending Chapter 2 "Administration" of the Code of
Ordinances relative to repeal of the Beautification Trust Fund
Committee from Code.
Recommendation: Commission action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing July 28th.
Planninl!:. Development and Enl!:ineerinl!:
* 40. Landscaoe Waiver - Delrav Mall. Consider request for waiver of
certain landscape requirements at the Delray Mall.
Recommendation: Commission action.
* 41. Ordinance No. 54-87 - Amendinl!: Zoninl!: Code - Comoliance with the
Citv's Industrial and Hazardous Waste Disposal Rel!:ulation.
First Reading amending Chapter 30 "Zoning" of the Code of Ordi-
nances relative to inserting into each zoning district section
of the Code a reference to the requirement that each permitted
and conditional use must also comply with the requirements set
forth in the regulations for industrial and hazardous waste
disposal elsewhere in the Code.
Recommendation: City Attorney and Planning Director recom-
mend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing July 28th.
PROCEDURAL ITEMS
42. Comments and Inquiries on Non-Agenda Items by Citizens.
43. Approval of minutes of Regular Meeting of June 23, 1987.
44. Comments and Inquiries on Non-Agenda Items:
a. Commission
b. City Attorney
c. City Manager
AGENDA 7-14-87
Page 6
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COMMISSION
July 14, 1987
7:00 o.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.
AM.U.IQ1i
,.
,
II
45. Zoninl!: Ordinance Definition. Discussion by City Commission
to clarify definition of car wash and GC zoning district
relating to use and allowability.
Recommendation: Council Action.
.
".