09-22-87 Regular
CITY OF DELRAY BEACH
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CITY COMMISSION
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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. Agenda approval.
Action: Motion to approve.
BUDGET CONSIDERATION
*5.
Levving of Tax Rate.
No. 38-87 relative to
City of Delray Beach.
PUBLIC HEARING and adoption of Resolution
levying a tax on all properties within the
Recommendation: Acting City Manager and Finance Director
recommend approval.
Action: To adopt the Resolution.
6. HOlding a PUBLIC HEARING on the Federal Revenue Sharing.
*7. Aoorooriations for the lq87/88 Budget. PUBLIC HEARING and adop-
tion of Resolution No. 39-87 relative to making appropriations
of sums of money for all necessary expenditures of the City from
October 1, 1987 to September 30, 1988.
Recommendation: Acting City Manager and Finance Director
recommend approval.
Action: To adopt the Resolution.
PUBLIC HEARING
8. Ordinance No. 68-87 - Amending Zoninll: Code - Restricting Access
Onto Residential Streets. Second Reading and PUBLIC HEARING
amending Chapter 30 "Zoning" of the Code of Ordinances to
restrict access from multiple family or non-residential zoned
property onto residential streets which are adjacent to single
family zoned property.
Recommendation: Planning & Zoning Board recommends approval.
Action: To adopt the Ordinance on Second Reading.
9. Ordinance No. 6q-87 Amending Zoninll: Code Interoretative
Powers of the Planninll: & Zoninll: Board. Second Reading and
PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of
Ordinances relative to allowing 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 adopt the Ordinance on Second Reading.
10. Ordinance No. 70-87 - Amending Code - Deoartment Name Chanll:es.
Second Reading and PUBLIC HEARING amending Chapter 2 "Adminis-
tration" of the Code of Ordinances changing the name of the
Planning Department to the Planning and Zoning Department;
creating the Department of Information Resource Management and
the Department of Engineering.
Recommendation: Acting City Manager recommends approval.
Action: To adopt the Ordinance on Second Reading.
11. Ordinance No. 71-87 - Amending Code - Increasinll: South Central
Regional Wastewater Treatment and Disoosal Board Feeji. Second
Reading and PUBLIC HEARING 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 adopt the Ordinance on Second Reading.
12. Ordinance No. 7,-87 - Amendinll: Zoning Code - Modification of Ao-
oroved Site and Develooment Plan. Second Reading and PUBLIC
HEARING amending Chapter 30 "Zoning" of the Code of Ordinances
relative to modification of approved site and development plans
to provide for and permit the Planning Director to make a deter-
mination of non-impacting minor modifications.
Recommendation: Planning & Zoning Board recommends approval.
Action: To adopt the Ordinance on Second Reading.
13. Ordinance No. 74-87 Amending Zoning Code Backout Parking
Onto Allevs/Design Considerations. Second Reading and PUBLIC
HEARING 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 adopt the Ordinance on Second Reading.
14. Ordinance No. 7~-87 - Amending Zoning Code - Car Wash Establish-
ments. Second Reading and PUBLIC HEARING 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 adopt the Ordinance on Second Reading.
l~. Ordinance No. 76-87 Amending Zoning Code Definition of
Mul tiole Famil v Dwelling. Second Reading and PUBLIC HEARING
amending Chapter 30 "Zoning" of the Code of Ordinances relative
to the definition of a Multiple Family Dwelling.
Recommendation: Planning & Zoning Board recommends approval.
Action: To adopt the Ordinance on Second Reading.
16. Ordinance No. 77-87 - Amending Zoning Code - Drive-In Facilities
for Financial Institutions in the Communitv Commercial District.
Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning"
of the Code of Ordinances to allow drive-in facilities for
financial institutions when part of a full-service financial
institution.
Recommendation: Planning & Zoning Board recommends approval.
Action: To adopt the Ordinance on Second Reading.
17. Ordinance No. 78-87 - Amendinll: Zoninll: Code - Restaurants in NC
(Neighborhood Commercial) District. Second Reading and PUBLIC
HEARING 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 adopt the Ordinance on Second Reading.
AGENDA 9-22-87
Page 2
18. Ordinance No. 7 q-87 Amendinll: Code - Increase in Tennis Fees.
Second Reading and PUBLIC HEARING amending Chapter 19 "Parks,
Beaches and Recreation" of the Code of Ordinances relative to
increase in tennis fees.
Recommendation: Commission action.
Action: To adopt the Ordinance on Second Reading.
*19.
Nassau Street Historic District.
Nassau Street area as a historic
Chapter 31, Section 31-13(4).
PUBLIC HEARING to designate
district in accordance with
Recommendation: Historic Preservation Board recommends ap-
proval.
Action: Motion to approve.
CONSENT AGENDA
*20. Reauisition No. 24 - S. G. Phillios Constructors of Florida. Inc.
Consider authorizing payment of Requisition No. 24 in the amount
of $19,183 for Regional Wastewater Plant Expansion.
Recommendation: Acting City Manager concurs in recommenda-
tion of Public Utilities Director.
Action: Motion to approve requisition.
21. Communitv Wellness Program. Consider authorizing participation
in the Community Wellness Program by the City.
Recommendation:
Action: Motion
proval
Commission action.
to authorize participation, subject to
of contract by the City Attorney's office.
ap-
*
22. Contract With Mercer Slavin. Inc. Consider approval of contract
between the City and Mercer Slavin, Inc. to conduct search for
City Manager.
Recommendation: Commission action.
Action: Motion to approve.
*23. Citv Attornev's Salarv.
Recommendation:
Action: Motion
randum
Commission action.
to approve in accordance
of September 11, 1987.
with
Mayor's
memo-
*24. Communitv Develooment Block Grant Proll:ram Activities Housinll:
Rehabilitation Grant Award and Contract Award. Consider ap-
proval of the following Housing Rehab Grant Award:
Low Bidder
Location
Amount
Frank Fidler/
James Brown
421 S. W. 8th avenue
$9,950
Funds are available in the Community Development Block Grant Pro-
gram.
Recommendation: Acting City Manager recommends approval.
Action: Motion to approve.
*25. Communi tv Develooment Block Grant Proll:ram - Statement of Policies
and Procedures - Amendment #1.
Recommendation: Acting City Manager recommends approval.
Action: Motion to approve.
AGENDA 9-22-87
Page 3
*26. Communitv Develooment Block Grant Program Activitv Sidewalk
Construction. Consider award of contract for sidewalk con-
struction along N. W. 8th Avenue and N. W. 3rd Street to the low
bidder, Haywood Construction Company in the amount of $15,900.
Funds are available in the Community Development Block Grant
Program.
Recommendation: Acting City Manager recommends approval.
Action: Motion to approve.
*27. Acauisition of Communitv Disoatch Center Prooertv. Consider ap-
proval of purchase of surplus radio equipment in the amount of
$47,130 from dissolution of South Palm Beach County CDC to
support Police/Fire dispatching, with funds to come from the
1986-87 budget.
Recommendation: Acting City Manager concurs in recommendation
of Police Chief.
Action: Motion to approve purchase.
*28. Disk Drive for the IBM Svstem ,8. Consider approval of purchase
of an additional disk drive for the IBM System 38 from the low
bidder, XL-Datacomp in the amount of $17,260, with funds to come
from the 1986-87 budget.
Recommendation: Acting City Manager concurs in recommendation
of Finance Director.
Action: Motion to approve purchase.
*29. Utilitv Tractor - Parks & Recreation Deoartment. Consider award
of contract to Broward-Palm Beach Tractor Company in the amount
of $23,532 for a John Deere utility tractor with front end
loader and back-hoe to be used at the cemetery. Funds are to
come from the 1986-87 budget.
Recommendation: Acting City Manager concurs in recommendation
of Parks & Recreation Director.
Action: Motion to award contract.
30. South Florida Water Management District Grant to the Citv. Con-
sider acceptance of grant offer in the amount of $53,000 for
residential retrofit demonstration project from the SFWMD.
Recommendation: Acting City Manager concurs in recommendation
of Public Utilities Director.
Action: Motion to accept grant offer.
*31. Road Construction S. W. 7th Avenue Between S. W. 4th Street
and S. W. 6th Street. Consider award of contract to the low
bidder, Charles S. Whiteside in the amount of $18,171.25, with
funds to come from the 1986-87 budget.
Recommendation: Acting City Manager concurs in recommendation
of City Engineer.
Action: Motion to award contract.
*32. Variance for Prooosed Boat Life - Q70 Bolender Drive. Consider
request for variance for a proposed boat lift to extend 13 feet
into the Intracoastal Waterway.
Recommendation: Acting City Manager concurs in recommendation
of City Engineer.
Action: Motion to approve.
33. Reauest for Solicitation of Funds
South Palm Beach Countv. Inc..
League of Women Voters of
Recommendation:
Action: Motion
through
City Clerk recommends approval.
to approve solicitation from
November 12, 1987.
November
5th
AGENDA 9-22-87
Page 4
..* 34.
Nuisance
abating
cles.
Abatement.
nuisances by
Resolution
removing 14
No. 40-87 assesses costs for
junked and/or abandoned vehi-
Recommendation: Acting City Manager concurs in recommendation
of Acting Building Official.
Action: Motion to adopt the Resolution.
* 35. Insurance Program Renewal - lQ87-88.
following City insurance coverage:
Consider approval of the
a. Renewal of the City's Workers' Compensation insurance through
Florida League of Cities Self-Insurance Fund at an estimated
cost of $400,000.
b. Renewal of the City's Protected Self-Insurance through A. J.
Gallagher at a combined cost of $164,312.
c. Continuation of the City's Service Agreement with Gallagher-
Bassett for claims service, loss control and data management
service at an estimated cost of $20,650.
d. Renewal of the City's Boiler and Machinery policy at a cost
of $3,162 to be renewed through Gallagher-Bassett.
Total estimated cost is $588,124.
Self-Insurance Fund.
Funds are to come from the
Recommendation: Acting City Manager
of Finance Director
istrator.
Action: Motion to approve.
concurs in recommendation
and Risk Management Admin-
* 36. Halloween Street Dance. Consider request to hold a Halloween
Street Party/Gala on October 31, 1987, which will involve clos-
ing Atlantic Avenue between Venetian Drive and Gleason Street
from 6:00 p.m. and 1:00 a.m.
Recommendation: Downtown Development Authority and Atlantic
Avenue Association recommend approval.
Action: Motion to approve function, authorize staff to send
letter to DOT, agree to Parks & Recreation Department
assistance, and allow refreshments to be sold (not
alcoholic) on public property.
* 37. Lease Cars - Police Deoartment. Consider authorizing execution
of agreement between the City and Sheehan Rent-A-Car, Inc. for
leasing up to eight vehicles for the Organized Crime Unit at a
cost of $35,424 per year, with funds to come from the 1987-88
budget.
Recommendation: Acting City Manager concurs in recommendation
of Police Chief.
Action: Motion to authorize execution of agreement.
REGULAR AGENDA
General Administration. Finance & Personnel
* 38.
Aooeal
Movies.
to Decision of Communitv Aooearance Board Video
Consider appeal of the CAB decision regarding sign.
Stoo
Recommendation: Commission action.
* 39. Refuse and Trash Collection Service Contract. Consider bidding
refuse and trash collection service contract after conclusion of
current contract which expires in October 1988.
Recommendation: Commission action.
40. Towinll: Contract Bids.
bids.
Consider rejection of towing contract
Recommendation: Commission action.
Action: Reject all bids and direct staff to prepare City
specifications for rotation system.
AGENDA 9-22-87
Page 5
41. Ci tv Manager's Salarv Ranll:e. Consider salary range for Ci ty
Manager. Proposed range is $60,000 to $70,000.
Recommendation: Commission action.
42. Voting Delegate - Florida Leall:ue of Cities. Consider selection
of one Commissioner to serve as the City's Voting Delegate to
the 6lst Annual Florida League of Cities Convention in Miami,
October 15-17, 1987.
Recommendation: Commission action.
Action: Selection of Voting Delegate.
*43. Ordinance No. 80-87 Amending Code Landlord Permit. First
Reading amending Chapter 16 "Offenses Miscellaneous" of the Code
of Ordinances to require that a landlord permit be obtained for
dwelling units which are rented for residential purposes.
Recommendation: Commission action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 13th.
Planning. Develooment and Enll:ineering
*44. Ordinance No. 81-87 Amending Zoninll: Code Defini tion of
Familv. First Reading amending Chapter 30 "Zoning" of the Code
of Ordinances relative to definition of family.
Recommendation: Commission action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 13th.
*45. Parkinll: Code Waiver Horizon Club at Crosswinds. Consider
request for a parking waiver to allow a reduction in the amount
of paved parking spaces from 377 to 251 (126 spaces). The prop-
erty is located on the south side of Linton Boulevard, between
Homewood Boulevard and the Spanish Wells development.
Recommendation: Planning & Zoning Board recommends approval.
Action: Motion to approve waiver.
*46. Site Plan Aooroval - Del Mar Aoartment Proiect (Cardinal). Con-
sider request for a 104 unit apartment complex on 11.6 acres,
located east of the intersection of Albatross and Curlew and
west of the FEC Railroad.
Recommendation: Planning & Zoning Board recommends denial.
Action: Motion to approve.
*47. Sidewalk Waiver - Portion of Pelican Harbor. Phase 2. Consider
request for waiver of sidewalk requirements for a portion of
Pelican Harbor, Phase 2, located east of South Federal Highway
between the C-15 Canal and Tropic Isle Drive.
Recommendation: Technical Review Committee recommends ap-
proval.
Action: Motion to approve.
Lell:al
*48.
Settlement Offer - Amos Francis vs
sider settlement offer - workers'
amount of $55,000.
Citv of Delrav Beach.
compensation claim in
Con-
the
Recommendation: City Attorney and Risk Management Adminis-
trator recommend approval.
Action: Motion to approve.
AGENDA 9-22-87
Page 6
* 49. Settlement Offer - Glenn Desort vs Citv of Delrav Beach.
Recommendation: Commission action.
50. Collective Bargaining Agreement Between the Citv and IBF&O. Con-
sider ratification and authorization to execute collective
bargaining agreement between the City and IBF&O, Local 1227 for
fiscal year 1987-88.
Recommendation: Acting City Manager, City Attorney and Per-
sonnel Director recommend approval.
Action: Motion to ratify and authorize execution of agreement.
51. Collective Barll:aining All:reement Between the Citv and FOP. Con-
sider ratification and authorization to execute collective
bargaining agreement between the City and Florida State Lodge,
FOP for fiscal year 1987-88.
Recommendation: Acting City Manager, City Attorney and Per-
sonnel Director recommend approval.
Action: Motion to ratify and authorize execution of agreement.
PROCEDURAL ITEMS
52. Comments and Inquiries on Non-Agenda Items by Citizens.
53. Approval of minutes of Special Meeting of September 1, 1987.
54. Comments and Inquiries on Non-Agenda Items:
a. Commission
b. City Attorney
c. City Manager
AGENDA 9-22-87
Page 7