10-13-87 Regular
CITY OF DELRAY BEACH
~~ CITY COMMISSION
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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 proceed-
ings, 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. Jewish War Veterans and Jewish War Veterans of America Week .-
November 8 - 13, 1987.
b. Financial Independence Week - October 18 - 24, 1987.
5. Agenda approval.
Action: Motion to approve.
PUBLIC HEARING
6. Ordinance No. 68-87 - Amending Zoning Code - Restricting Access
Onto Residential Streets. Second Reading amending Chapter 30
"Zoning" of the Code of Ordinances to restrict access from
multiple family or non-residential zoned property onto residen-
tial streets which are adjacent to single family zoned property.
The Second Reading was postponed from the September 8th meeting.
Recommendation: Planning & Zoning Board recommends approval.
Action: To adopt the Ordinance on Second Reading.
* 7. Ordinance No. 80-87 - Amending Code - Landlord Permit. Second
Reading and PUBLIC HEARING amending Chapter 16 "Offenses Miscel-
laneous" 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 adopt the Ordinance on Second Reading.
8.
Ordinance
Family.
"Zoning"
family.
No. 81-87 Amending Zoning Code Defini tion
Second Reading and PUBLIC HEARING amending Chapter
of the Code of Ordinances relative to definition
of
30
of
Recommendation: Commission action.
Action: To adopt the Ordinance on Second Reading.
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CONSENT AGENDA
Request for Solicitation of Funds
A.A.O.N.M.S.
Amara Shrine Temple
Recommendation: City Clerk recommends approval.
Action: Motion to approve solicitation from October 13
through 17, 1987.
Adoption of Rules for Code Enforcement Board. Consider adopting
of Rules for Code Enforcement Board.
Recommendation: Acting City Manager and City Attorney recom-
mend approva 1.
Action: Motion to approve.
11. Sponsorshi~/Sunshine Cup Championship. Consideration and
authorizat1on of cash sponsorship for the 1987 Sunshine Cup
Championship in the amount of $7,500. Funds to come from the
1987-88 Parks and Recreation Department budget. City Manager
authorized to make necessary budget adjustments as needed to
prevent any possible over expenditure.
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Action: Motion to approve.
A-1-A Sidewalk Project. Consider award of contract to the low
bidder, Henry Haywood, Inc., in the amount of $11,400.00 for
replacement of existing asphalt sidewalk on A-I-A at Atlantic
Avenue with paver blocks. Funding to come from the Beach
Restoration Fund interest.
Recommendation: Acting City Manager concurs in the recommenda-
tion of the City Engineer.
Action: Award of Contract.
Communication from Planning and Zoning Board re: Parcel of Land
on Lake Ida Road. Consider communication from Planning and
Zoning Board regarding a six acre parcel, more or less, located
south of Lake Ida Road, east of I-95.
Recommendation: Commission action.
Action: Receive and file.
Abandonment of Utility Easement - Lots II and 12, Pine View
Subdivision. Resolution No. 43-87 abandons a 6 foot utility
easement lying along the north line of Lots 11 and 12, Pine View
Subdivision.
Recommendation: Engineering and Planning Departments recom-
mend approval.
Action: Motion to adopt the Resolution.
Hazardous Waste Removal. Consider award of contract to Chemical
Waste Management, Inc., for removal services of municipally
generated hazardous chemicals and waste, site clean-up,
containment and disposal. This is a time and material contract
which will be based on actual cost of services. Funding to come
from individual departments generating waste and major incident
cost to be funded with Emergency Contingency Funds.
Recommendation: Fire Chief and Acting City Manager recommend
approval.
Action: Award of Contract.
Change Order No. 1 For 1986 Sidewalk Project. Consider authoriz-
ing payment of Change Order No. 1 in the amount of $4,034.20 to
Henry Haywood for miscellaneous additional work for the 1986
Sidewalk Project. Funds to come from the 1987-88 General
Construction Fund.
Recommendation: Acting City Manager concurs in recommendation
of City Engineer.
Action: Motion to approve.
AGENDA 10-13-87
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17. Re uest from Vietnam Veterans of America, Palm Beach Cha ter 25
for Donation. Consider authorizing 500 to help defray costs for
"The Moving Wall" exhibit. Funding to come from the Commission
Contingency Account.
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Recommendation: Commission action.
Action: Motion to approve.
Dixie Boulevard Improvements. Consider authorizing preparation
of plans and authorizing negotiations for acquisition of property
for construction of a cul-de-sac on Dixie Boulevard eliminating
connection to Swinton Avenue.
Recommendation: Acting City Manager concurs in recommendation
of City Engineer.
Action: Motion to approve.
Depot Road Clean-Up. Consider award of contract to the low
bidder, Tire Disposal Service, for clean up of Depot Road in the
amount of $19,500, with funding to come from the Sanitation Fund
and authorizing placing lien on properties for service provided.
Recommendation: Acting City Manager concurs in recommendation
of Code Enforcement Administrator.
Action: Motion to approve.
Balance of Retainage Due General Contractor For Public Safety
Facility. Consider payment of balance of retainage due Milne and
Nicholls, General Contractor, for the Public Safety Facility in
an amount not to exceed $27,701.81. Funds to come from the 1985
General Obligation Bond.
Recommendation: Digby Bridges, Architect, and Police Chief
recommend approval.
Action: Motion to approve.
REGULAR AGENDA
General Administration, Finance and Personnel
Addendum #7 to Waste Management Garbage Contract.
authorizing execution of Addendum #7 to Waste Management
to provide continuous trash and garbage pickup services.
Consider
Contract
Recommendation: Acting City Manager and City Attorney
recommend approval.
Action: Motion to approve.
Ordinance No. 82-87 - Amending Code - Garbage and Trash. First
Reading amending Chapter 12 "Garbage and Trash" of the Code of
Ordinances relative to increasing fees.
Recommendation: Acting City Manager concurs in recommendation
of Finance Director.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 27th.
Ordinance No. 86-87 - Amending Code - Increasing Permit Fees.
First Reading amending Chapter 9 "Buildings and Construction" of
the Code of Ordinances relative to increasing permit fees.
Recommendation: Acting City Manager concurs in recommendation
of Chief Building Official and Finance
Director.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 27th.
AGENDA 10-13-87
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Ordinance No. 87-87 - Amending Code - Increasing Permit Fees for
Moving Buildings. First Reading amending Chapter 9 "Buildings
and Construction" of the Code of Ordinances relative to increas-
ing permit fees for moving buildings.
Recommendation: Acting City Manager concurs in recommendation
of Chief Building Official and Finance
Director.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 27th.
Ordinance No. 88-87 - Amending Code - Tree Removal Permit Fees.
First Reading amending Chapter 9 "Buildings and Construction" of
the Code of Ordinances relative to tripling the fee for tree
removal when work has begun without a permit.
Recommendation: Acting City Manager concurs in recommendation
of Chief Building Official and Finance
Director.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 27th.
Ordinance No. 89-87 - Amendin Code - Increasin Permit Fees for
Tents and Temporary Structures. First Reading amending C apter
16 "Offenses-Miscellaneous" of the Code of Ordinances relative to
increasing the permit fees for tents and temporary structures.
Recommendation: Acting City Manager concurs in recommendati.on
of Chief Building Official and Finance
Director.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 27th.
Setting policies and procedures Relative to Selection of Members
for City' s Boards, Committees and Commissions. Resolution No.
42-87 sets forth policies and procedures relative to selection of
members to City Boards, Committees and Commissions.
Recommendation: Commission action.
Action: To adopt Resolution.
Planning, Development and Engineering
Appeal From Decision of Community Appearance Board - Byrons Fur-
niture Plaza - Sign. Consider appeal of the Community Appearance
Board decision regarding sign.
Recommendation: Commission action.
Appeal From Decision of Community Appearance Board Pelican
HarborShoppes - Sign. Consider appeal of the Community Appear-
ance Bqard decision regarding sign.
Reccmmendation: Commission action.
Ordinance No. 83-87 Sherwood Park Plaza Rezoning. First
Reading relative to rezoning a 3.04 acre parcel from SAD (Special
Activities) District to GC (General Commercial) District, located
at the southeast corner of Congress Avenue and Lowson Boulevard.
Recommendation: Planning and Zoning Board recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 27th.
AGENDA 10-13-87
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Ordinance No. 84 -8 7 - Haggerty Annexation. First Reading
ative to annexing a 9.09 acre parcel, subject to RH (Medium
to High Density Dwelling) District, located south of S.W.
Street, between S.W. 8th Avenue and Germantown Road.
re1-
High
10th
Recommendation: Planning and Zoning Board recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing November 24th.
Ordinance No. 85-87 - Crepin Annexation. First Reading relative
to annexing a 5.13 acre parcel, subject to MOI (Medical, Office
and Institutional) District, located east of the County Mental
health Office on Military Trail, south of Linton Boulevard.
Recommendation: Planning and Zoning Board recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing November 24th.
Ordinance No. 90-87 - Amending Ordinance No. 6-81 - Addition to
Acquilano SAD. First Reading amending Ordinance No. 6-81, which
rezoned the Acquilano Property, a 2.03 acre parcel, located on
the west side of South Federal Highway, between S.E. 10th Street
and the Delray Mall, to SAD (Special Activities) District, to add
"Dance School/Ballroom" as an additional conditional use.
Recommendation: Commission action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 27th.
Ordinance No. 91-87 - Amending Code - Signs In Setbacks. First
Reading amending Chapter 9 "Buildings and Construction ", of the
Code of Ordinances, Section 9-212, to provide standards for signs
lying partially in the setbacks.
Recommendation: Commission action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 27th.
Site Plan Approval - Arnold Industries. Consider request for
site plan approval for a proposed 16,000 square foot
manufacturing/storage use in three separate buildings on one
site. The project is located in the LI (Light Industrial)
District and is located north of S.W. lOth Street, between 15th
and 16th Avenues.
Recommendation: Planning and Zoning Board recommend approval,
subject to conditions.
Action: Motion to approve site plan.
Site Plan Approval - Crystal Ice. Consider request for site plan
approval for n 14,850 square foot building to house an ice
manufacturing ':>peration. The project is located in the MIC
(Mixed Industrial and Commercial) District and is located east of
Congress Avenu~, south of the L-32 Canal.
Recomrnendetion: Planning and Zoning Board recommend approval,
subject to conditions.
Action: Motion to approve site plan.
Site Plan Approval - Happy Holidays. Consider request for site
plan approval for a 2,500 square foot addition to an existing
building. The project is for a wholesale/retail use in the MIC
(Mixed Industrial and Commercial) District and is located west of
Congress Avenue at N.W. 1st Street.
Recommendation: Planning and Zoning Board recommend approval,
subject to conditions.
Action: Motion to approve site plan.
AGENDA 10-13-87
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Conditional Use - Delrat Plaza. Consider request for a storage
bU11.Q.lng as an ancil.l.a y use t:o the retail businesses in the
Delray Plaza Shopping Center, South Federal Highway, just north
of Ralph Buick.
Recommendation: Planning and Zoning Board recommend denial.
Action: Commission action.
Conditional Use Amoco Gasoline
request for redevelopment of the
Street and N.E. 2nd Avenue to
gasoline sales.
Station/Mini-Mart. Consider
southeast corner of N.E. 4th
a combination mini-mart and
Recommendation: Planning and Zoning Board recommend denial.
Action: Commission action.
Agreement City of Delray Beach and William Lehman, Jr.
Consider execution of agreement for removal of first row of
parking adjacent to Dixie Highway at such time as Dixie Highway
is expanded to a four land facility and for a landscaping area.
Recommendation: Acting City Manager and City Attorney recom-
mend approva l.
Action: Motion to approve.
Ci t Hall Architectural Contract. ConiOideration and award of
Phase I contradt W1t D.lgby Br1 ges, Marsh and Associates, P.A.,
for architectural services for additions to City Hall. Two
scopes of services with individual pricing are presented for
consideration.
Recommendation:
Acting City Manager and staff recommend
approval of agreement for expanded services
in the amount of $45,000.
Phase I Architectural contract to Digby Bridges
and Associates, P.A., in the amount of $45,000.
Action: Award
Marsh
Appointment - Code Enforcement Board. Consider appointment of
regular member to the Code Enforcement Board to fill the unexpir-
ed term of Tore Wallin to a term ending January 14, 1989. Joel
Port, alternate member, has requested the appointment.
Recommendation: Commission action.
Action: Motion to appoint Board Member.
Legal
Proposed Settlement Regarding Claim of Cecil Walls.
Recommendation: City Attorney recommends denial.
Action: Motion to approve.
Settlement Offer - McCracken vs City of Delray Beach.
Recommendation: City Attorney recommends denial.
Action: Motion to approve.
Final Order of Leon Ccunty Circuit Court - Challenge to 1986
Amendments to Chapters 175 and 185, Florida Statutes.
Recommendation: City Attorney recommends approval of partic-
ipation as Amicus Curiae.
Action: Motion to approve.
PROCEDURAL ITEMS
46. Comments and Inquiries on Non-Agenda Items by Citizens.
47. Approval of minutes of Regular Meeting of September 8, 1987 and
Special Meetings of September 15, 1987 and September 29, 1987.
48. Comments and Inquiries on Non-Agenda Items:
a. Commission
b. City Attorney
c. City Manager
AGENDA 10-13-87
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