05-13-86 Regualr
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
~~S.
7:00 p.m.
AGENDA
Council Chambers
Please be advised that if a person decides to appeal any decision
made by the City Council 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.
PUBLIC HEARING
5. Ordinance No. 21-86 - Nocera Annexation. Second Reading and
PUBLIC HEARING relative to annexing a 0.39-acre parcel subject
to LI (Light Industrial) zoning district, located on the west
side of Germantown Road between Royal Palm Drive and S. W. 10th
Street.
Recommendation: Planning Director recommends approval since
the request is consistent with the City's
Land Use Plan.
Action: To adopt the Ordinance on Second Reading.
6. Ordinance No. 24-86 - Amending Code - Utili tv Tax Increase.
Second Reading and PUBLIC HEARING amending Chapter 25 "Taxation"
of the Code of Ordinances to increase the tax on utility
services from 7.5% to 8.5%.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
7. Ordinance No. 25-86 - Amendino Zoning Code - Industr ial Zoning
Distr icts. Second Reading and PUBLIC HEARING amending Chapter
30 "Zoning" of the Code of Ordinances to require that all LI
(Light Industrial) Districts and MI (Medium Industrial)
Districts be subject to site and development plan approval.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To adopt the Ordinance on Second Reading.
PROCEDURAL ITEMS
8. Approval of minutes of Regular Meeting of April 22, 1986 and
Special Meetings of April 10, 1986 and April 15, 1986.
9. Comments and Inquiries on Non-Agenda Items:
a. Council
b. City Attorney
c. City Manager
d. Citizens
CONSENT AGENDA
*10. Requisition No. 7 S. G. Phillips Constructors of Florida.
I.lli;.. Consider authorizing payment of Requisition No. 7 in the
amount of $576,900.33 for Regional Wastewater Treatment Plant
expansion.
Recommendation: Director of Public utili ties recommends ap-
proval.
Action: Motion to authorize payment.
11. Ratification of South Central Regional Wastewater Treatment and
Disposal Board action of April 17th Ouarterly Annual Meeting.
Consider ratification of SCRWTD Board action relative to:
a. Sludge Handling Contract.
b. Disbursement of excess O&M revenues.
c. Change Order No.1 - Subaqueous Intracoastal Crossing, Part
B (Foster Marine).
d. Change Order No. 1 - WWTP Expansion, Part A (S. G. Phillips
Constructors of Florida, Inc.)
Recommendation: SCRWTD Board approved 7-0.
Action: Motion to ratify action.
* 12.
Communi ty Development Block
Rehabilitation Grant Awards.
Housing Rehab Grant Awards:
Grant Program Acti vi ties - Housing
Consider approval of the following
Low Bidder
Location
Amount
Gemini Construction
Frank Fidler/James Brown
First Construction of
the Palm Beaches
343 N. w. 7th Avenue
617 N. W. 1st Street
228 S. E. 3rd Avenue
$10,715
17,000
6,205
Funds are available in the Community Development Block Grant
Program.
Recommendation: Assistant City Manager/Director, Community
Development recommends approval.
Action: Motion to approve.
13. Expenses - Legislative Affairs and Annexation. Consider author-
izing transfer of $20,000 from the Contingency Reserve to be
used as expenses relative to legiSlative affairs and annexation.
Recommendation: Council action.
Action: Motion to approve.
* 14.
polvmer 844A Water Treatment Plant. Consider
contract to Amer ican Cyanamid Company, sole source,
pounds of Polymer 844A at a cost of $1.90 per pound,
to come from the 1985/86 budget.
award of
for 40,000
with funds
Recommendation: Director of Public Utilities recommends ap-
proval.
Action: Motion to award contract.
* 15.
Requisition No. 4 - Foster Marine Contractors.
authorizing payment of Requisition No. 4 in
$42,629.29 for Intracoastal waterway crossing
funds to come from the 1984 Revenue Bond.
Inc. Consider
the amount of
expansion, with
Recommendation: Director of Public Utili ties recommends ap-
proval.
Action: Motion to authorize payment.
AGENDA 5-13-86
Page 2
* 16. Inspection on Installation of Air Scrubbers - Lift Station Nos.
1. 50 and 80. Consider approval of resident inspections on the
installation of the air scrubbers, estimated at four hours per
day for a total cost of $9,800.00, with funds to come from the
FY85/86 budget.
Recommendation: Director of Public Utili ties recommends ap-
proval.
Action: Motion to approve.
* 17. Change Order No. 1 - N. W. 2nd Street Water Transmission Main.
Consider approval of Change Order No. 1 from Barker, Osha &
Anderson, Inc. in the amount of $26,537.00 to increase the total
contract price to $612,686.59, with funds to come from the 1984
Revenue Bond.
Recommendation: Director of Public Utilities recommends ap-
proval.
Action: Motion to approve.
* 18. Change Order No. 1 - Air Scrubber at Lift Station No.1. Con-
sider approval of Change Order No. 1 in the amount of $2,680.00
to increase the total contract pr ice to $169,790.00 to allow
extra air to be injected into the dry well, with funds to come
from the FY85/86 budget.
Recommendation: Director of Public Utili ties recommends ap-
proval.
Action: Motion to approve.
* 19. Nuisance Abatement. Resolution No. 27-86 assesses costs of
abating nuisances in accordance with Section 13-13 on 22 parcels.
Recommendation: City Clerk recommends approval.
Action: To adopt the Resolution.
* 20. Nuisance Abatement. Resolution No. 28-86 assesses costs in the
amount of $3,561.80 for abatement action regarding demolition of
an unsafe building located at 19-23 N. W. 14th Avenue.
Recommendation: Director of Development and Inspection/CBO
recommends approval.
Action: To adopt the Resolution.
REGULAR AGENDA
21. Mr. Diobv Bridges. Digby Bridges. Marsh & Associates. Proposed
changes to Public Safety Facility.
Recommendation: For discussion and Council action.
* 22. Mr. Frank Wexford. S. G. Phillips Constructors of Florida. Inc.
Council decision on reduction of retainage from 10% to 5% and
payment for materials stored on site - release of lien.
Recommendation: For discussion and Council action.
* 23. Conditional Use and Site Plan Approval - Patio Delray. Consider
request for conditional use and site plan approval to allow
renovation of an existing restaurant into a restaurant, retail
shops and an office development containing 12,046 square feet,
in a three-story structure and to allow the use of adjacent RM-
10 (Multiple Family Dwelling) District property for off-street
parking. The property is located at the southwest corner of
East Atlantic Avenue and Palm Square. It is zoned CBD (Central
Business District), in part, and RM-lO (Multiple Family Dwell-
ing) District, in part.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval with conditions.
Action: Motion to approve.
AGENDA 5-13-86
Page 3
* 24. Conditional Use and Site Plan Approval Extension - Lake Ida
Professional Plaza. Consider request for extension of the
conditional use and site plan approval for Lake Ida Professional
Plaza, a 54,712 square foot office center with drive-in faci-
lities for a financial institution, located at the northwest
corner of Congress Avenue and Lake Ida Road.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend that a 30 day extension be
granted (from May 13, 1986 through June 12,
1986) .
Action: Motion to approve.
* 25. Auditino Services. Consider authorizing negotiation of a
contract with Ernst & Whinney for auditing services.
Recommendation: City Manager and Finance Director recommend
approval.
Action: Motion to approve subject to Council's approval of
the final terms and conditions.
* 26. Settlement Matter - Collier v. City of Delray Beach.
Recommendation: City Attorney recommends approval.
Action: Motion to approve.
* 27. Ordinance No. 26-86 - Residential Office (RQ) Rezoning (North
Swinton Avenue Areal. First Reading to consider a City-
initiated proposal to rezone a 40.25 acre area from R-lA (Single
Family Dwelling) District, in part, and RM-6 (MUltiple Family
Dwelling) District, in part, to RO (Residential Office) Dis-
trict. The property is located north of Atlantic Avenue and
south of N. W. 4th Street/No E. 4th Street, between N. E. 2nd
Avenue and N. W. 1st Avenue.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing May 27th.
* 28. Ordinance No. 27-86 - Amending Code - Elimination or Repair of
Unsafe Buildings. First Reading amending Chapter 9 "Buildings
and Construction" of the Code of Ordinances by enlarging the
time to 30 days between title search and the sending of notices
relative to elimination or repair of unsafe buildings.
Recommendation: City Attorney recommends approval.
Action:. To pass the Ordinance on First Reading.
Note: If passed, Public Hearing May 27th.
* 29. Ordinance No. 28-86 - Amendino Zoning Code - Child Care. Adult
Day Care and Familv Day Care Facilities. First Reading relative
to Child Care and Adult Day Care as a conditional use wi thin
certain zoning distr icts, and providing a separate def ini tion
for Family Day Care facilities as a permitted use within certain
zoning districts.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing May 27th.
* 30. Ordinance No. 29-86 Amending Code Violations of Alarm
Systems. First Reading amending Chapter 2 "Administration" of
the Code of Ordinances to clar ify that the Code Enforcement
Board has concurrent juriSdiction to hear and decide the cases
involving alleged violations of alarm systems.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing May 27th.
AGENDA 5-13-86
Page 4
*31. Ordinance No. 30-86 Amending Code Community Appearance
Board. First Reading amending Chapter 9 "Buildings and Con-
struction" of the Code of Ordinances relative to powers and
duties of the CAB.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing May 27th.
There is one Original and one Alternate Ordinance No. 30-86.
Council may pass the ordinance of their choice.
*32. Ordinance No. 31-86 - Amending Zoning Code - Setbacks for Screen-
ed Enclosures. First Reading amending Chapter 30 "Zoning" of
the Code of Ordinances to reduce certain setbacks to 10 feet for
screened enclosures.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing May 27th.
*33. Ordinance No. 32-86 - Amendino Zoning Code - Abused Spouse Resi-
dences. First Reading amending Chapter 30 "Zoning" of the Code
of Ordinances to allow a type of emergency shelter known as
abused spouse residences to be located as permitted uses within
certain zoning districts.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing May 27th.
*34. Two-Cent Local Option Gasoline Tax. Resolution No. 29-86
requests the Palm Beach County Board of Commissioners to adopt
an additional two-cent local option gasoline tax to increase
revenue to finance roadway improvements in the County.
Recommendation: Council action.
Action: To adopt the Resolution.
AGENDA 5-13-85
Page 5
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
--..f
7:00 1?m.
ADDENDUM
Council Chambers
Please be advised that if a person decides to appeal any
decision made by the City Council with respect to any matter con-
sidered 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.
32. Ordinance No. 31-86 - Amending Zoning Code - Setbacks for
Screened Enclosures. First Reading amending Chapter 30
"Zoning" of the Code of Ordinances to reduce certain set-
backs to 10 feet for screened enclosures.
Recommendation:
Planning & Zoning
denial.
To pass the Ordinance on
Note: If passed, Public
Board
recommends
Action:
First Reading.
Hearing May 27th.