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09-08-87 Regular/Executive [ITY DF DElRAY BEA[H 100 N.W. 1st AVENUE DELRAY BEACH, FLQRIDA33444 305/243- 7000 OF THE CITY COMMISSION An Executive Session to review Collective Bargaining matters will be held on Tuesday, in the Conference Room at 6:45 P.M., pursuant to Florida Statutes 447.605. d~; II.,<-~ q.A.4l AI,. Elizabeth Arnau City Clerk THE EFFORT ALWAYS MATTERS 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. Proclamations: a. Celebration of Citizenship Day - September 16th. b. Two Hundreth Anniversary of the Drafting of the Constitution of the United States of America - September 17th. 5. Agenda approval. Action: Motion to approve. BUDGET CONSIDERATION * 6. Tentativelv Levvin2 of Tax Rate. Resolution No. 34-87 relative to all properties within the City of PUBLIC HEARING and adoption tentatively levying a tax Delray Beach. of on Recommendation: Acting City Manager and Finance Director recommend approval. Action: To adopt the Resolution. * 7. Tentativelv Levvin2 Aoorooriations for PUBLIC HEARING and adoption of Resolution making tentative appropriations of sums necessary expenditures of the City from September 30, 1988. the lq87/88 Bud2et. No. 35-87 relative to of money for all October 1, 1987 to Recommendation: Acting City Manager and Finance Director recommend approval. Action: To adopt the Resolution. PUBLIC HEARING *8. Ordinance No. 48-87 - Linoro Comoanv Rezonin2. Second Reading and PUBLIC HEARING relative to rezoning a 6.78-acre parcel from LI (Light Industrial) District to MIC (Mixed Industrial and Commercial) District, located at the northeast corner of Congress Avenue and Lowson Boulevard/S. W. lOth Street. Recommendation: Planning & Zoning Board and Planning Di- rector recommend approval. Action: To adopt the Ordinance on Second Reading. *9. Ordinance No. 6,-87 - Chan2in2 the Citv's Land Use Plan Desi2- nation (Rubin)(Citv Initiated). Second Reading relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a 1.34-acre parcel from MF-15 (Multiple Family - 15 units/acre) to MF-M (Multi-Family Moderate Density), located on the east side of State Road AlA, between Brooks Lane and Lewis Cove, if these streets are extended eastward. The Second Reading was postponed from the August 25th meeting. Recommen9~tion: Planning & Zoning Board and Planning Di- rector recommend approval. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. 6~-87 - Amendin2 Code - Comoensation for Mavor and Councilmembers. Second Reading and PUBLIC HEARING amending Chapter 2 "Administration" of the Code of Ordinances relative to increase in compensation for Mayor and Councilmembers, effective March 31, 1988. Recommendation: Commission action. Action: To adopt the Ordinance on Second Reading. 11. Ordinance No. 66-87 Amendin2 Code Flood Hazar'ds. Second Reading and PUBLIC HEARING amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to flood hazards. Recommendation: Acting City Manager concurs in recommenda- tion of City Engineer. Action: To adopt the Ordinance on Second Reading. 12. Ordinance No 67-87 - Amendin2 Code - Industrial Waste and Pre- treatment. Second Reading and PUBLIC HEARING amending Chapter 29 "Water and Sewers" of the Code of Ordinances to provide for regulation for industrial waste and pretreatment modifies certain selected parameters. Recommendation: Direc.tor of Public Utilities recommends ap- proval. Action: To adopt the Ordinance on Second Reading. CONSENT AGENDA 13. Reauest for Solicitation of Funds - Delrav Beach Lions Club. Recommendation: Action: Motion through City Clerk recommends approval. to approve solicitation from December 15, 1987. September 1st *14. Acceotance of Ri2ht-of-Wav Deed for Delrav Beach Motors Addition (AMC Jeeo/Renault). Consider request for acceptance of a right- of-way deed for Delray Beach Motors Addition (AMC Jeep/Renault), located at the northwest corner of S. E. 5th Avenue and S. E. 7th Street. Recommendation: Planning & Zoning Board and Planning Di- rector recommend approval. Action: Motion to approve right-of-way deed. * 15. Renovation of the Communitv Center. Consider award of contract to the low bidder, Douma Contractors, for renovation of the Community Center in the amount of $81,720, with funds to come from the 1986/87 budget. Recomm.endation: Acting City Manager concurs in recommenda.. tion of the Parks & Recreation Director. Action: Motion to award contract. AGENDA 9-8-87 Page 2 * 16. * 17. * 18. *19. *20. 21. *22. *23. Germantown Water Transmission Main. Consider award of contract to low bidder, Jobear, Inc. for Germantown Water Transmission Main in the amount of $392,527, with funds to come from the Water and Sewer Fund balance. Recommendation: Acting City Manager concurs in recommenda- tion of the Public Utilities Director. Action: Motion to award contract. Reauisition No.2, - S. G. Phillios Constructors of Florida. Inc. Consider authorizing payment of Requisition No. 23 in the amount of $37,500 for Regional Wastewater Plant Expansion. Recommendation: Acting City Manager concurs in recommenda- tion of Public Utilities Director. approve requisition. Action: Motion to Final Plat Aooroval Lakeview Phase II. Consider request for final plat approval for Lakeview Phase II, a proposed 18 lot, single family subdivision, located on the west side of Dover Road, between Linton Boulevard and Sherwood Boulevard. Recommendation: Action: Motion Planning & Zoning Board rector recommend approval. to approve final plat. and Planning Di- Abandonment of Easements and Ri2ht-of~ Within Amended Plat-2L Delrav Mall. Resolution No. 37-87 abandons certain easements and the right-of-way for Miami Boulevard lying within the Amended Plat of Delray Mall, located at the northwest corner of Linton Boulevard and U. S. Highway No.1. Recommendation: Action: Motion Planning & Zoning Board rector recommend approval. to adopt the Resolution. and Planning Di- Reolat of Delrav Mall - Final Plat. Consider request for final plat approval for a replat of Delray Mall, an approved commercial development, located at the northwest corner of Linton Boulevard and U. S. Highway No.1. Recommendation: Action: Motion Planning & Zoning Board rector recommend approval. to approve final plat. and Planning Di- Circus. Consider Delray Beach for County Courthouse Atlantic Avenue on request for waiver by the approval of a circus to be site, located in the 300 Saturday, October 31st. Exchange held at block Club of the new of West Recommendation: Commission action. Action: Motion to approve. Nuisance Abatement. Resolution No. 36-87 assesses costs of abat- ing nuisances in accordance with Section 13-13 on 52 parcels. Recommendation: Action: Motion to Ac ting City Manager tion of City Clerk. adopt Resolution. in recommenda- concurs REGULAR AGENDA General Administration. Finance and Personnel Amendment of Abel. Garcia. Consider amending Article 6 ment dated July 9, 1987, September 15, 1987. Atelier A2reement/Time Extension. of the Abel, Garcia, Atelier Agree- to extend the completion date to Recommendation: Acting City Manager recommends approval. Action: Motion to approve amendment. AGENDA 9-8-87 Page 3 24. Marke.i.....Jl...ng--Dnancial. Feasibilitv Studv/Restoration_. of the Delrav Beach Elementarv SchQQl. Consider acceptance of the Market and Financial Feasibility Study presented at the September 1st work- shop by Abel, Garcia and Atelier. RecommendatiQ.n: Action: Motion Acting City Manager concurs in the recommen- dation of the Old School Square Foundation. to accept study. * 25. Amendment to Abel. Garcia. Atelier A2reement/Phase I Services. Consider amending Abel, Garcia, Atelier agreement dated July 9, 1987 to include A&E Services for Phase I construction: Restora- tion of the Delray Beach Elementary School as provided in Article 18-1 "Continuation of Contract". Recom~dation: Acting City Manager recommends approval pend- ing finding appropriation and successful contract negotiation. Action: Motion to amend, pending funding appropriation and contract negotiation. 26. Grant Aoolication Authorization. Consider authorizing staff, with the assistance of Abel, Garcia, Atelier and Old School Square Foundation, to prepare and submit a Historic Preservation grant application in the amount of $500,000 with the Bureau of Historic Preservation. Funds requested will be used for Phase I construction: Delray Beach Elementary School, Restoration Project. Recommendatio.n: Acting City Manager recommends approval. Action: Motion to approve grant preparation and submission. *27. Ordinance No. 70-87 -_.j\..!!@llil..iJ1&.. Code Deoartment Name Chan2es. First Reading amending Chapter 2 "Administration" of the Code of Ordinances changing the name of the Planning Department to the Planning and Zoning Department; creating the Department of In- formation Resource Management and the Department of Engineering. Recommendation: Acting City Manager rcommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. Planning. Develooment and Engineering *28. Site Plan Aooroval Linoro Office/Storage. Consider request for site plan approval for a proposed 127,000 square foot office, retail and wholesale storage facility, located at the northeast corner of Congress Avenue and Lowson Boulevard/S. W. lOth Street. Recommendation: Action: Motion Planning & Zoning Board and recommend approval, subject to approve site plan. Planning Director to conditions. *29. Final Plat Aooroval Linoro Plat. Consider request for final plat approval for Linpro Plat, a proposed mixed use development, located at the northeast corner of Congress Avenue and Lowson Boulevard/S. W. lOth Street. RecommendaJ;iQ.!l: Action: Motion Planning Director to approve & Zoning Board recommend approval. final plat. and Planning *30. Abandonment of a Portion of Dixie Boulevard. Consider request to abandon a portion of Dixie Boulevard, an 80 foot right-of-way lying between Avenue "F" on the north and LaMat Avenue on the south. If abandoned, the property is intended to be used to ac- commodate the expansion of the nearby Mazda automobile dealer- ship. Recommendation: Planning & Zoning Board recommends denial. Action: Motion to approve. AGENDA 9-8-87 Page 4 *31. Ordinance No. 68-87 - Amendin~ Zonin2 Code - Restricting Access Onto Residential Streets. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to restrict access from multi- ple family or non-residential zoned property onto residential streets which are adjacent to single family zoned property. Recommendation: Ac tion: To pass Note: If Planning & Zoning Board recommends approval. the Ordinance on First Reading. passed, Public Hearing September 22nd. *32. Ordinance No. ....6...9..::..87 Amenling Zoning Code Interoretative Powers of the Planning & Zoning Board. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances relative to allow- ing the Planning & Zoning Board to make interpretations as to the similarity of proposed (unlisted) uses with permitted and conditional uses already listed in the Zoning Code. Recommendation: Planning & Zoning Board recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. *33. Ordinance No. 7,-87 - Amending Zoning Code - Modification of Ao- oroved Site and Develooment Plan. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances relative to modi- fication of approved site and development plans to provide for and permit the Planning Director to make a determination of non- impacting minor modifications. Recommendation: Planning & Zoning Board recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. *34. Ordinance No. 74-87 Amending Zoning Code Backout-.hrking Onto Allevs/Design Considerations. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to permit backout parking onto alleys and specifying design considerations for same. Recommendation: Planning & Zoning Board recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. *35. Ordinance No. 7~-87 - Amending Zoning Code - Car Wash Establish- ments. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances relative to allowing car wash establishments as a conditional use within the GC (General Commercial) and SC (Specialized Commercial) zoning districts. Recommendation: Planning & Zoning Board recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. *36. Ordinanoe No. 76-87 Amending Multiole Familv Dwelling. First "Zoning" of the Code of Ordinances a Multiple Family Dwelling. Zoning Code Definition Reading amending Chapter relative to the definition of 30 of Recommendation: Planning & Zoning Board recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. *37. Ordinance No. 77-87 - Amending Zoning Code - Drive-In Facilities for Financial Institutions in the Communi tv Commercial District. First Reading amending Chapter 30 "Zoning" of the Code of Ordi- nances to allow drive-in facilities for financial institutions when part of a full-service financial institution. Recommendation: Planning & Zoning Board recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. AGENDA 9-8-87 Page 5 *38. Ordinance No. 78-87 - Amending Zoning Code - Restaurants in NC (Neighborhood Commercial) District. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances by prohibiting drive-through or drive-in restaurants in NC (Neighborhood Commercial) Districts. Recommendation: Planning & Zoning Board recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. *39. Ordinance No. 72-87 Amending Code Increasin2 Permit Fees. First Reading amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to increase in permit fees. Recommendation: Acting City Manager recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. *40. Ordinance No. 71-87 - Amendin2 Code - Increasin2 South Central Re2ional Wastewater Treatment and Disoosal Board Fees. First Reading amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to increasing SCRWTD Board pass-thru fees. Recommendation: Acting City Manager recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. *41. Ordinance No. 7 q-87 - Amendin2 Code - Increase in Tennis Fees. First Reading amending Chapter 19 "Parks, Beaches and Recreation" of the Code of Ordinances relative to increase in tennis fees. Recommendation: Commission action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 22nd. Le2al *42. Settlement Offer - Richard and Ann Rubin vs Citv of Delrav Beach. Consider settlement offer in the case of Rubin vs City of Delray Beach. Recommendation: Commission action. 43. Collective Bar2ainin2 A2reement. Consider ratification and au- thorization to execute Collective Bargaining Agreement between the City and Professional Firefighters of Delray Beach, Local 1842, IAFF. Recommendation: Commission action. Planning *44. Site Plan Aooroval in Coniunction with Water Service A2reement _ Wachtel Office Buildin2. Consider request for site plan ap- proval in conjunction with an approved Water Service Agreement for a 1.00-acre parcel, located on the east side of North Federal Highway between the Delray Drive-in Theatre and Gulfstream Boulevard. Recommendation: Planning & Zoning Board and Planning Di- rector recommend approval. Action: Motion to approve site plan. PROCEDURAL ITEMS 45. Comments and Inquiries on Non-Agenda Items by Citizens. 46. Approval of minutes of Regular Meeting of August 25, 1987. 47. Comments and Inquiries on Non-Agenda Items: a. Commission b. City Attorney c. City Manager AGENDA 9-8-87 Page 6 THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COMMISSION September 8, 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. ADDITION 6a. Holding a PUBLIC HEARING on the Federal Revenue Sharing. 42a. Ratification of Settlement of Diana Bouie vs Donald West and the Citv of Delrav Beach in the amount of $7~.000.OO. Recommendation: Commission action. Action: Motion for ratification of settlement.