01-15-85 Regular
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
January 15, 1985
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 hear ing, 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.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Approval of minutes of Regular Meetings of December 4, 1984 and
December 11, 1984.
5. Comments and Inquiries on Non-Agenda Items:
a. Citizens
b. Council
c. City Attorney
d. City Manager
6. Agenda approval.
Action: Motion to approve.
PUBLIC HEARING
7. Ordinance No. 97-84 - Amendina Code - Pensions. Police and
Firemen. Second Reading and PUBLIC HEARING amending Chapter
18 "Pensions and Retirement" of the Code of Ordinances rela-
tive to disability retirement provisions.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
8. Ordinance No. 104-85 Amendin9 Code Cable Television
Franchise. Second Reading and PUBLIC HEARING amending Chapter
10 "Cable Television Franchise" of the Code of Ordinances,
changing Grantee II from Denntronics Cable, Inc. to Sunbelt-
Denntronics, Ltd.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
9. Ordinance No. 105-84 - Amendina Code - Pensions for General
EmDlovees. Second Reading and PUBLIC HEARING amending Chapter
18 "Pensions and Retirement" of the Code of Ordinances rela-
tive to eligibility, participation and service.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
10. Ordinance No. 108-84 - Amending Code - Responsibilitv for City
Marina Administration. Second Reading and PUBLIC HEARING amend-
ing Chapter 8 "Boats and Boating" of the Code of Ordinances
relative to transferring the responsibility of the City Marina
administration from the Finance Department to the Parks &
Recreation Department.
Recommendation: City Manager recommends approval.
Action: To adopt the Ordinance on Second Reading.
CONSENT AGENDA
11. Extension of Completion of Delray Beach Public Librarv Ad-
dition. Consider request for a 25-1/2 working day extension,
to January 25, 1985, for completion of the Public Library ad-
dition. The Board of Directors of the Library concurred with
the architect's recommendation for the extension.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: Motion to grant extension.
12. Traffic Agreements - Swinton Avenue at N. E. 1st Street and
S. E. 1st Street. Consider authorizing execution of a 10-year
agreement between the City and Palm Beach County to provide for
maintenance and operation of traffic control devices located on
Swinton Avenue at N. E. 1st Street and S. E. 1st Street.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: Motion to approve.
*13.
Si te Plan Approval - The Commons.
plan approval for The Commons, a
general and professional office
north side of West Atlantic Avenue
and The Hamlet Shoppes.
Consider request for site
proposed 90, 804-square foot
development located on the
between High Point Boulevard
Recommendation: Planning & Zoning Board approved 6-0, sub-
ject to the conditions stated in the at-
tached memorandum.
Action: Motion to approve.
14. Ratification of Aareement between the City and Ocean Prop-
erties. Ltd. Consider ratification of agreement between the
City and Ocean Properties, Ltd. for use of the municipal park-
ing facility adjacent to the Holiday Inn Camino Real for a
crane to raise steel and other building materials to the top of
the hotel. The municipal lot was closed from 3:00 p.m.,
December 26th through 12:01 a.m., December 30, 1984.
Recommendation: Council action.
Action: Motion to approve.
* 15.
Final Plat Aooroval - The Harbour's Edge (Plats 1 and 2\. Con-
sider request for final plat approval for The Harbour's Edge
(Plats 1 and 2), an approved life care retirement community,
located at the northwest corner of Linton Boulevard and the'
Intracoastal Waterway.
Recommendation: Planning & Zoning Board approved 6-0.
Action: Motion to approve.
16. Easement Deed - Delray Plaza (Robert H. Wiebelt. Trustee).
Consider acceptance of a 10-foot off-site water main easement
in Delray Plaza to satisfy final plat approval.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: Motion to accept easement deed.
17. Reduction of Retainage - Crom Corporation. Consider request to
reduce retainage from $22,091,80 to $5,000 for the IMG ground
storage tank in the vicinity of High Point and Davis Road as
the structure is 98% complete. The total contract was $270,918
and the $5,000 will assure that the disinfectant of the tank
will be performed.
Recommendation: Director of Public Utilities recommends ap-
proval.
Action: Motion to approve.
AGENDA 1-15-85
Page 2
* 18.
Conditional Use. Site Plan Aporoval - The Colony Professional
Offices. Consider request for conditional use and site plan
approval for The Colony Professional Offices, a proposed 23,000-
square foot professional office complex located on the east
side of N. E. 6th Avenue, between N. E. 6th Street and N. E.
7th Street.
Recommendation: Planning & Zoning Board approved 6-0, sub-
ject to the conditions stated in the at-
tached memorandum. The Board further
recommends that the standard sidewalk re-
quirement be waived as stated in the
attached memorandum.
Action: Motion to approve.
19. Right-of-Way Deed - Evangelical Reach Out Church for Christ.
~ Consider acceptance of a right-of-way deed from the
Evangelical Reach Out Church for Christ, Inc. for public street
or highway purposes.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: Motion to approve.
20. Wreckina Services. Con'sider award of a contract to Zuccala' s
Wrecking Service, the only vendor able to recover heavy duty
vehicles and recover vehicles where heavy equipment is re-
quired. The annual cost will be $10,000-$15,000 with funds to
come from the various department accounts.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: Motion to approve.
21. Mobile Communication Services. Consider award of a contract
for mobile communication services to the only bidder to meet
the City's needs, Mobile Communication Services. The annual
contract will cost approximately $9,756, with $371.50 per month
for the Fire Department and $459.50 per month for the balance
of the City. Funds are to come from the various departments'
budgets.
Recommendation: City Manager recommends approval.
Action: Motion to award contract.
* 22.
Surolus prooerty.
Recommendation:
Action: Motion
retain
City Manager recommends approval.
to authorize surplus property for
Jim Graham to conduct the auction.
sale and
23.
Final
21..
Plaza
Plat Approval - Laver's International Plaza (Plats 1 and
Consider final plat approval for Laver's International
(Plats 1 and 2) .
Recommendation: Planning & Zoning Board approved 6-0, sub-
ject to obtaining the County Health Depart-
ment's approval.
Action: Motion to approve.
* 24.
Final Plat Approval Linton Square. Consider request for
final plat approval for Linton Square, an approved 107,885-
square foot shopping center, located at the northeast corner of
Linton Boulevard and Congress Avenue.
Recommendation: Planning & Zoning
(Sumrall dissenting) .
Action: Motion to approve.
Board
approved
5-1
AGENDA 1-15-85
Page 3
25. Heal th. Life and Disability Insurance. Consider author izing
entering into a contract with Gulf Life Group Insurance Company
for disability benefits to commence immediately and health and
life benefits to commence March 1, 1985 and to authorize
$120,704 from the General Fund fund balance to be reserved for
the City's group medical insurance.
Recommendation: Council action.
26.
Fuel and Motor Oil.
ing low bidders with
accounts:
Vendor
John Behnke
Chevron USA
Flamingo Oil
Consider award of contracts to the follow-
funds to come from the 1984/85 department
Fuel by tankwagon
Fuel by transport
Oil
Total expenses for fuel during the past year amounted to
$156,330.43.
Recommendation: City Manager recommends approvel.
Action: Motion to award contracts.
27. Electr ical Rewir ina - City Mar ina. Consider awar:] of cont ract
to low bidder, Ledbetter Electr ic, Inc. for electr ic rewir ing
at the City Marina in the amount of $22,187.43, with funds to
come from the Marina Fund.
Recommendation: City Manager recommends approval.
Action: Motion to award contract.
Vehicles for Public Works and Police Departments and Parks
Division. Consider award of contracts to the following low
bidders with funds to come from the 1984/85 department accounts:
* 28.
Public Works
Vendor
Peacock Dodge (State)
"
Bill Wallace
"
Biggs Ford (State)
Palm Beach Dodge
Powell Motor
Parks Division
Peacock Dodge (State)
"
"
"
Bi 11 Wallace
lllm Qll Price
Pickup Mid size 1 $ 7,2ll.00
Pickup w/utility body 1 7,710.00
4-door passenger (used) 1 7,000.00
" " 1 7,000.00
10-ton dump 1 17,396.12
Mini-Ram van 1 9,379.91
Maxi-Van 1 8.994.00
$64,691.03
3/4 Ton Pickup 1 $ 6,581.00
2 Ton Cab 1 12,885.87
3/4 Ton Pickup 2 15,704.00
Crew Cab 1 10,140.00
3/4 Ton Cab 2 19.389.24
$64,700.ll
As indicated in the attached memorandum, it
a contract be awarded to Peacock Dodge
$9,627.98 for a full-size van for the Police
is recommended that
in the amount of
Department.
Recommendation: City Manager recommends approval.
Action: Motion to award contracts.
29. Vehicles for Parks & Recreation Department. Consider award of
contracts to the following low bidders with funds to come from
the Parks & Recreation 1984/85 budget:
Vendor
Miller Dodge
Southeast Auto
.It.!rnl
Qll
Price
1985 IS-passenger vans
1984 Mercury Marquis
2
1
$24,806.60
8.000.00
$32,806.60
AGENDA 1-15-85
Page 4
30. Citv Cemetery. Consider authorizing $15,000 to be transferred
from the General Fund Contingency to the Cemetery Fund for
capital improvements.
* 31.
* 32.
* 33.
* 34.
* 35.
* 36.
37.
* 38.
Recommendation: Council action.
Annexation Request - North of Allen Avenue. if extended west.
between U. S. 1 and Dixie Boulevard (Miller Dodge1. Resolution
No. 1-85 requests permission from the Palm Beach County Board
of Commissioners to rezone a O. 67-acre parcel, subj ect to SC
(Specialized Commercial). It is zoned CG (General Commercial)
in the County and SC (Specialized Commercial) in the City.
Recommendation: Planning & Zoning Board approved 7-0 for
reasons stated in the attached memorandum.
Action: To adopt the Resolution.
Annexation Reauest - South of Germantown Road between the E-4
Canal and Homewood Boulevard if extended south (Sylvan Placel.
Resolution No. 2-85 requests permission from the Palm Beach
County Board of Commissioners to rezone a 64.89-acre parcel,
subject to R-lAA (Single Family) District. It is zoned AG
(Agricultural) ~n the County and is designated SF (Single
Family) on the City's Land Use Plan.
Recommendation: Planning & Zoning Board approved 4-0.
Action: To adopt the Resolution.
Sanitary Sewers and Water utilities Acceptance. Resolution No.
3-85 accepts all sanitary sewers and water utilities as opera-
tional as recorded in the plat of Park Ten Second Addition.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
Sanitarv Sewers and Water Utilities Acceotance. Resolution No.
4-85 accepts all sanitary sewers and water utilities as opera-
tional as recorded in the plat of South Delray Shopping Center.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
Storm Drains Acceotance. Resolution No. 5-85 accepts storm
drains as operational as recorded in the plat of South Delray
Shopping Center.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
Participation in the "Main Street" Proaram. Resolution No. 6-
85 authorizes participation in the Main Street Program.
Recommendation: Council action.
Action: To adopt the Resolution.
Aoorooriation of Funds "Main Street"
authorizing appropriation of funds in the
come from the General Fund Contingency
Street" program.
Pro9ram.
amount of
to finance
Consider
$18,000 to
the "Main
Recommendation: Council action.
Action: Motion to authorize appropriation of funds.
Sanitarv Sewers and Water Utilities Acceptance. Resolution No.
7-85 accepts all sanitary sewers and water utilities as opera-
tional as recorded in the plat of Park Ten 2nd Addition.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
AGENDA 1-15-85
Page 5
* 39.
* 40.
Water utilities Acceptance. Resolution No. 8-85 accepts all
the water utilities as operational as recorded in Delray Plaza.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
Annexation Request East side of Federal Hiahway between
Linton Boulevard and S. E. 10th Street CAnderson/Yuseml. Reso-
lution No. 9-85 requests permission from the Palm Beach County
Board of Commissioners to rezone a 0.5l-acre parcel, subject to
POI (Professional, Off ice and Institutional) zoning. It is
zoned CG (General Commercial) in the County and MF-15 (Multiple
Family) in the City.
Recommendation: Planning & Zoning Board approved 6-0.
Action: To adopt the Resolution.
REGULAR AGENDA
41. Presentation relative to Council consideration of olans for
Police Facility.
* 42.
* 43.
* 44.
* 45.
* 46.
* 47.
48.
Recommendation: Council action.,
Appeal to Decision of Community Aooearance Board Linton
Square. Consider appeal of the CAB decision regarding the man-
sard roof and parapet around the rear of the proposed Linton
Square Shopping Center, located at the northeast corner of
Linton Boulevard and Congress Avenue.
Recommendation: Council action.
Appeal to Decision of Community Appearance Board - Atlas Trans-
missions. Consider appeal of the CAB decision regarding the
Atlas Transmission building at 102 S. E. 5th Avenue.
Recommendation: Council action.
Aooointments - Code Enforcement Board. Consider appointments
of three regular and four alternate members to the Code Enforc-
ment Board to terms ending January 14, 1988.
Recommendation: Council action.
Action: Motion to appoint Board members.
Appointments - Internal Audit Committee.
of one regular member to the IAC to a
1985 and two alternate members to terms
and April 27, 1986.
Consider appointments
term ending April 27,
ending Apr il 27, 1985
Recommendation: Council action.
Action: To a}point Committee members.
Comprehensive Liability Insurance. Consider approval of and
authorization to enter into an agreement with Northwest
Insurance Company of Louisiana relative to the City's previous
comprehensive liability insurance coverage and to authorize
expenditure, as additional premium, an amount not to exceed
$11,500 for this purpose.
Recommendation: City Attorney recommends approval.
Action: Motion to approve.
Water/Sewer Consulting Engineers. Consider short listing for
potential consulting engineers for future presentations.
Recommendation: Council action.
Recreational Im~act Fees.
of the City.
Evaluate present proposed divisions
Recommendation: Council action.
AGENDA 1-15-85
Page 6
* 49.
* 50.
* 51.
* 52.
* 53.
* 54.
* 55.
Ordinance No. 1-85 - Miller Dodae Annexation. First Reading
relative to annexing a 0.67-acre parcel subject to SC (Special-
ized Commercial) zoning district, located north of Allen
Avenue, if extended west, between U. S. 1 and Dixie Boulevard.
Recommendation: Planning & Zoning Board approved 7-0 for
reasons stated in the attached memorandum.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing February 12th.
Ordinance No. 2-85 - Miller Dodge Rezonina. First Reading
relative to rezoning a 1.05-acre parcel from GC (General
Commercial) to SC (Specialized Commercial). The property is
located north of Allen Avenue, if extended west, between U. S.
1 and Dixie Boulevard.
Recommendation: Planning & Zoning Board approved 7-0 for
reasons stated in the attached memorandum.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing February 26th.
Ordinance No. 3-85 - Sylvan Place Annexation. First Reading
relative to annexing a 64.89-acre parcel subject to R-lAA
(Single Family) district, located south of Germantown Road,
between the E-4 Canal and Homewood Boulevard.
Recommendation: Planning & Zoning Board approved 4-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing February 12th.
Ordinance No. 4-85 - Amending Code - Buildings and Construc-
tiQn. First Reading amending Chapter 9, "Buildings and
Construction" of the Code of Ordinances to allow a one for one
substitution of coconut palms for canopy trees.
Recommendation: Planning & Zoning Board approved 6-0 for
reasons stated in the attached memorandum.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
Ordinance No. 5-85 - Zoning Ordinance Amendment - Contractors'
Offices. First Reading amending Chapter 30 "Zoning" of the
Code of Ordinances to allow contactors' offices as a permitted
use within the GC (General Commercial) district and SC
(Specialized Commercial) district.
Recommendation: Planning & Zoning Board approved 4-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
Ordinance No. 6-85 Zoning Ordinance Amendment Building
Heiaht. First Reading amending Chapter 30 "Zoning" of the Code
of Ordinances relative to building height.
Recommendation: Planning & Zoning
(Kellerman dissenting)
tached memorandum.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January
Board approved 6-1
as stated in the at-
29th.
Ordinance No. 7-85 - Zoning Ordinance Amendment - MIC (Mixed
Industr ial and Commercial I Distr ict. First Reading amending
Chapter 30 "Zoning" of the Code of Ordinances to create the MIC
(Mixed Industrial and Commercial) District.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
AGENDA 1-15-85
Page 7
*56. Ordinance No. 8-85 Zonina Ordinance Amendment R-lA-C
(Sinale Family/Duplex Dwellingl District. First Reading amend-
ing Chapter 30 "Zoning" of the Code of Ordinances to create the
R-IA-C (Single Family/Duplex) Dwelling District.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
* 57. Ordinance No. 9-85 - Amending Code - Buildings and Construc-
tiQn. First Reading amending Chapter 9 "Buildings and Con-
struction" of the Code of Ordinances to provide for the City
Manager to authorize exemptions for identification and
directional signs for City facilities and public purpose
organizations.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
* 58. Ordinance No. 10-85 - Amending Code - Buildings and Construc-
tiQn. First Reading amending Chapter 9 "Buildings and Con-
struction" of the Code of Ordinances relative to signal signs
which may be approved by the designated inspector of the Build-
ing Department.
* 59.
* 60.
* 61.
* 62.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
Ordinance No. 11-85 - Amending Code - Buildings and Construc-
tiQn. First Reading amending Chapter 9 "Buildings and Con-
struction" of the Code of Ordinances relative to exempted signs.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
Ordinance No. 12-85 - Anderson/Yusem Annexation. First Reading
relative to annexing a 0.5l-acre parcel subject to POI (Pro-
fessional, Office and Institutional) zoning distr ict, located
on the east side, of Federal Highway between Linton Boulevard
and S. E. 10th Street.
Recommendation: Planning & Zoning Board approved 6-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing February 12th.
)
Ordinance No. 13-85 - Changing the City's Land Use Plan Desig-
nation (Anderson/Yuseml. First Reading relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan
for a O. 51-acre parcel, located on the east side of Federal
Highway between Linton Boulevard and S. E. 10th Street.
Recommendation: Planning & Zoning Board approved 6-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing February 12th.
Ordinance No. 14-85 - Amending Code - Buildings and Construc-
liQn. First Reading amending Chapter 9 "Buildings and Con-
struction" of the Code of Ordinances relative to minimum door
width requirements.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
AGENDA 1-15-85
Page 8
* 63.
Ordinance No. 15-85 - Amendina Code - Noise Control. First
Reading amending Chapter 16 "Offenses - Miscellaneous" relative
to enhancing animal and bird noise control.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 29th.
AGENDA 1-15-85
Page 9