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03-12-85 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL March 12, 1985 AGENDA Council Chambers 7:00 o.m. 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. Approval of minutes of Regular Meeting of February 26, 1985. 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. 17-85 - Linton Oaks Square Annexation. Second Reading and PUBLIC HEARING relative to annexing a 8.816-acre parcel subject to GC (General Commercial) zoning district, located at the southeast corner of Military Trail and Linton Boulevard. Recommendation: Planning & Zoning Board approved 3-2 (Carey and Sumrall dissenting; Simon abstaining). Action: To adopt the Ordinance on Second Reading. 8. Ordinance No. 18-85 - Changin9 the City's Land Use Plan Desi9- nation CLinton Oaks Squarel. Second Reading and PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 8.816-acre parcel, located at the south- east corner of Military Trail and Linton Boulevard. Recommendation: Planning & Zoning Board approved 3-2 (Carey and Sumrall dissenting; Simon abstaining). Action: To adopt the Ordinance on Second Reading. 9. Ordinance No. 20-85 - Barrett Annexation. Second Reading and PUBLIC HEARING relative to annexing a 2.71-acre parcel, subject to LI (Light Industrial) district, located on the west side of Germantown Road, between Royal Palm Drive and Georgia Street. Recommendation: Planning Department recommends approval since the request is consistent with the Land Use Plan. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. 23-85 - Entrance Gate Si9ns. Second Reading and PUBLIC HEARING amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to entrance gate signs. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 11. Ordinance No. 26-85 - Vehicles to be Marked. Second Reading and PUBLIC HEARING amending Chapter 28 "Vehicles for Hire" of the Code of Ordinances to provide for alternate forms of identifi- cation for hired vehicles other than taxicabs. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. · 12. Ordinance No. 27-85 - Zonin9 Ordinance Amendment - Parkinq. Second Reading and PUBLIC HEARING amending "Zoning" of the Code of Ordinances relative to parking regulations. Off-Street Chapter 30 off-street Recommendation: Planning & Zoning Board approved 7-0. Action: To adopt the Ordinance on Second Reading. 13. Ordinance No. 29-85 - Zonin9 Ordinance Amendment - Parkin9 Re9u- lations for the General Commercial District. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances relative to parking regulations for the GC (General Commercial) District. Recommendation: Planning & Zoning Board approved 7-0. Action: To adopt the Ordinance on Second Reading. CONSENT AGENDA 14. Tent Permit Request - Scarlett O'Hara's. Consider request for a 40xlOO foot tent to be erected at Scarlett O'Hara's parking lot, Old Harbor Plaza for St. Patr ick' s Day Celebration from March 15th through March 18, 1985. Recommendation: Director of Development and Inspection/CBO recommends approval. Action: Motion to approve. 15. Tent Permit Request - Faith Mission Deliverance Church. Inc. Consider request for a 30x60 foot tent to be erected at 251 S. w. 8th Street for gospal revival services from March 10th to April 7, 1985. Recommendation: Director of Development and Inspection/CBO recommends approval. Action: Motion to approve. 16. Aooointments - Delray Beach Human Relations Committee. Consider ratification of three members to the Delray Beach Human Relations Committee to terms ending March 15, 1987: Mrs. Nadine Hart Mrs. Gertrude Carter Mr. Tommie Stevens Recommendation: Nacirema Club recommends approval. Action: Motion to ratify appointments. · 17. 75th Anniversary - Scout-O-Rama. Consider request from Gulf Stream Council, Inc., Boy Scouts of Amer ica for the use of Veterans' Park and the Adult Community Center by the Seminole District on May 11th from 10:00 a.m. to 4:00 p.m. Recommendation: Council action. Action: Motion to approve. AGENDA 3-12-85 Page 2 .18. Ten-ton Dumo Truck. Consider award of a contract to the low bidder, Bay Ford for one ten-ton (5 yard) dump truck for Public Works Department in the amount of $24,121.32, with funds to come from the 1984/85 budget. Recommendation: Director of Public Works/City Engineer recom- mends approval. Action: Motion to approve. . 19. Traffic Si9nal - West Atlantic and 12th Avenue. Recommendation: Council action. Action: Motion to install traffic $30,000, with funds to come signal in the amount of from the Contingency Fund. 20. Church Si9ns. Morator ium on enforcement of section 9-21 (A) (2) , Chapter 9 "Buildings and Construction" of the Code of Ordinances as that section applies to houses of worship, pending Council decision on revisions to that code section. The morator ium shall be applicable to matters now in enforcement proceedings as well as future enforcement activity. Recommendation: Council action. Action: Motion to approve. 21. Land Use Comorehensi ve Plannin9 Committee. the following appointments: Consider ratifying Charles O'Connor Phyllis Plume Helen Coppersmith Elaine Roberts Yvonne Baine Tore Wallin David Days Sam Schwimer David Nathanson Charlotte Vogler Len Parnes Mike Tiernan Louise Stebbins Robert Stump Joycelyn Patrick Recommendation: Council action. Action: Motion to ratify 15 members of the Committee. 22. Reduction in Retainaqe from 10% to 2% for Lift Station No. 17 - Donestevez Mechanical Contractors. Inc. Consider a reduction in retainage from 10% ($14,595.60) to 2% ($2871.32). The contract cost is $145,956, of which $2,500 remains to be complete. The City will retain a total of $2871.32 + $2,500 to assure the work is completed. Funds will come from the 1984/85 budget. Recommendation: Director of Public Utilities recommends approval. Action: Motion to approve. · 23. Nuisance Abatement. Resolution No. 21-85 assesses costs of abating nuisances in accordance with Sections 13-12 and 13-13 on 9 parcels. Recommendation: City Clerk recommends approval. Action: To adopt the Resolution. · 24. Abandonment of Tracts Center. Resolution No. of Tracts A & B within located to the east of of Tropic Isle Drive. A & B Tropic Isle Harbor Shoooin9 23-85 authorizes vacating and abandoning the Tropic Isle Harbor Shopping Center, South Federal Highway on the north side Recommendation: Planning & Zoning Board approved 6-0 with Currie abstaining. Action: To adopt the Resolution. . 25. Request for Exclusion from Palm Beach County Free Public Library Taxinq District. Resolution No. 24-85 requests that certain municipalities be excluded from the Palm Beach County free public library taxing district. Recommendation: Council action. Action: To adopt the Resolution. AGENDA 3-12-85 Page 3 REGULAR AGENDA . 26. Conditional Use. Site Plan A9proval - Linton Oaks Square. Con- sider request for conditional use and site plan approval for Linton Oaks Square, a proposed 69,640-square foot shopping center, including a gasoline service station, located at the southeast corner of Linton Boulevard and Military Trail. Recommendation: Planning & Zoning Board approved 6-2 (Carey and Sumrall dissenting; Simon abstaining) subj ect to the conditions set forth in the attached memorandum. Action: Motion to approve. 27. Marina Delray. Status Report (City Attorney) · 28. Delint Center Development of Re9ional Impact CORIl. Consider establishing May 28, 1985 as the date for which a Public Hearing will be held on the Delint Center DRI, and direct the City Clerk to prepare and distr ibute the necessary notice in accordance with Chapter 380, Florida Statutes. Recommendation: Planning Director recommends approval. Action: Motion to approve. · 29. Ordinance No. 31-85 - Zonin9 Ordinance Amendment - Payments in Lieu of Off-Street Parkin9. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances that payments in the CBD (Central Business District) shall be made to the City in lieu of providing off-street parking. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing March 26th. AGENDA 3-12-85 Page 4