06-25-85 Regular
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
June 25, 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 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 June 11, 1985 and
Special Meeting of June 4, 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.
7. Report from Charter Review Committee (Leo Blair).
PUBLIC HEARING
8. Ordinance No. 53-85 - Chanain9 the City's Land Use Plan Desi9-
nation (Kaufman). Second Reading and PUBLIC HEARING relative to
Changing the City's Land Use Plan Designation in the
Comprehensive Plan for a 0.87-acre parcel from MF-6 (Multiple
Family) to C (Commercial), located on the east side of South
Federal Highway, between South Delray Shopping Center and Dumar
Plaza.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To adopt the Ordinance on Second Reading.
9. Ordinance No. 52-85 - Kaufman Annexation. Second Reading and
PUBLIC HEARING relative to annexing a 1.389-acre parcel subject
to GC (General Commercial) zoning district, located on the east
side of South Federal Highway between South Delray Shopping
Center and Dumar Plaza.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To adopt the Ordinance on Second Reading.
10. Ordinance No. 59-85 - Amendina Code - Nuisances on Property.
Second Reading and PUBLIC HEARING amending Chapter 13 "Health
and Sanitation" of the Code of Ordinances reducing the time from
14 days to 10 days for owner(s) of land to remove the condition
causing the nuisance on the land.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
*11. Ordinance No. 60-85 - Amendin9 Code - Fire Code Exemptions.
Second Reading and PUBLIC HEARING amending Chapter 11 "Fire
Protection and Prevention" of the Code of Ordinances to provide
exemptions from retroactive provisions of our Fire Codes other
than the state minimum code.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
12. Ordinance No. 61-85 - Amendin9 Code - Fire Hvdrants. Second
Reading and PUBLIC HEARING amending Chapter 29 "Water and
Sewers" of the Code of Ordinances eliminating hydrant meters and
upgrading the rates for fire hydrant use.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
*13. Ordinance No. 62-85 Amendin9 Code Handicapped Parkin9.
Second Reading and PUBLIC HEARING amending Chapter 26 "Traff ic"
of the Code of Ordinances establishing that it shall be a
violation for any person to park in a handicapped parking space
without a valid permit and establishing certain penalties.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
14. Ordinance No. 63-85 - Amendin9 Code - Board of Construction
Appeals Jurisdiction. Second Reading and PUBLIC HEARING
amending Chapter 9 "Buildings and Construction" of the Code of
Ordinances to conform the sections of the unsafe building
ordinance which permits 'appeals to the Board of Construction
Appeals with the provisions of Article XVII which set out the
jurisdiction of the Board.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
CONSENT AGENDA
*15. Tent Permit Request - Goldcoast All Amer ican Soap Box Derby.
Consider request for a 40xlOO foot tent to be erected at
Scarlett O'Hara's parking lot, 335 East Linton Boulevard for the
soap box derby event on July 5th and July 6, 1985.
Recommendation: Director of Development and InspectionjCBO
recommends approval.
Action: Motion to approve.
16. Request for Solicitation of Funds - Palm Beach TRY Center.
Recommendation: City Clerk recommends approval.
Action: Motion to approve solicitation of funds on June 29,
1985.
17. Request for Solicitation of Funds - Delray Beach Firefi9hters
Benevolent Association.
Recommendation:
Action: Motion
1985.
City Clerk recommends approval.
to approve solicitation of funds on July 27,
*18. Conditional Use. Site Plan l\pproval - 25 Seabreeze. Consider
request for conditional use and site plan approval for 25 Sea-
breeze, a proposed 9,425 square foot office development in a
four-story structure to allow the use of adjacent RM-15 property
for off-street parking, located on the east side of Seabreeze
Avenue, between Atlantic Avenue and Lowry Street.
Recommendation:
Planning & Zoning Board approved
subject to the conditions stated in
Planning Department memorandum dated
19th and to waive platting requirements.
to approve.
4-0,
the
June
Action: Motion
AGENDA 6-25-85
Page 2
*19. Lease of Transfer Station. Consider amendment to lease agree-
ment between the City and the Palm Beach County Solid Waste
Authority for the Transfer Station.
Recommendation: Council action.
Action: Motion to authorize execution of agreement.
20. Appointment - Civil Service Board. Consider appointment of Todd
Jackson as an alternate member of the Civil Service Board to a
term ending July 1, 1987.
Recommendation: Council action.
Action: Motion to appoint Board member.
* 21.
Acceptance of Sanitarv
No. 55-85 accepts all
operational s recorded
Center, Phase II.
Sewers and Water Utilities. Resolution
sani tary sewers and water utili ties as
in the plat of South Delray Shopping
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
REGULAR AGENDA
* 22. Appointment - Board of Construction Appeals. Consider appoint-
ment of a member to the Board of Construction Appeals (Master
Plumber) to the unexpired term of Russell Warren ending January
8, 1986.
Recommendation: Council action.
Action: Motion to appoint Board member.
* 23. Appointments - Downtown Development Authority. Consider appoint-
ments of two member s to the Downtown Development Author i ty to
terms expiring July 1, 1988.
Recommendation: Council action.
Action: Motion to appoint Authority members.
* 24. Appointment - Board of Adjustment. Consider appointment of one
regular member to the Board of Adjustment to the unexpired term
of Matthew Gracey, Jr. ending March 15, 1987.
Recommendation: Council action.
Action: Motion to appoint Board member.
* 25. Beach Committee.
Committee.
Resolution No. 56-85 establishes the Beach
Recommendation: Council action.
Action: To adopt the Resolution.
26. Ap90intments - Beach Committee.
Recommendation: Council action.
Action: Motion to appoint Committee members.
* 27. Site Plan Approval - Rainberry Bay Clubhouse No.2. Consider re-
quest for site plan approval for Rainberry Bay Clubhouse No.2,
a proposed 13,500 square foot recreation complex, located within
the Rainberry Bay Development on the north side of Lake Ida
Road, between Davis Road and Barwick Road.
Recommendation: Planning & Zoning Board approved 4-0,
subject to the conditions stated in the
attached memorandum.
Action: Motion to approve.
AGENDA 6-25-85
Page 3
* 28. Relocation for Computer Placement.
Recommendation: Council action.
Action: Office relocation for computer placement.
* 29. Ordinance No. 56-85 - Amending Code - Adding Financial Insti-
tutions as Additional Permitted Use. First Reading amending
Ordinance No. 16-79 to add Financial Institutions as an addi-
tional permitted use.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing July 9th.
* 30. Ordinance No. 57-85- Zoning Ordinance Amendment Canopies.
Marauees and Covered Walkways. First Reading amending Chapter
30 "Zoning" of the Code of Ordinances to allow canopies,
marquees and covered walkways to be placed over the front and
side street setbacks and to extend into the right-of-way when
approved by City Council in the GC, SC, LC and CBD zoning
districts.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing July 9th.
* 31. Ordinance No. 65-85 - Amending Code - Utility Tax. First Read-
ing amending Chapter 25 "Taxation" of the Code of Ordinances to
increase the tax on utility service from 7.5% to 8.5% on the
total amount billed and allocate the revenue resulting from the
tax increase to the Delray Beach Beautification Program.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing July 9th.
* 32.
Ordinance No. 66-85
First Reading relative
Fund Committee.
Beautification
to establishing
Trust Fund Committee.
a Beautification Trust
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing July 9th.
33. A990intments - Beautification Trust Fund Committee.
Recommendation: Council action.
Action: Motion to appoint Committee members.
* 34. Ordinance No. 67-85 Zoning Ordinance Amendment Parking.
Storin9 or Keepin9 of Commercial Vehicles in Residential Areas.
First Reading amending Chapter 30 "Zoning" of the Code of
Ordinances relative to parking, storing or keeping of commercial
vehicles, boats, busses, trailers and trucks in residential
areas.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing July 9th.
* 35.
1985 General Obliaation Bond.
details for the 1985 General
Safety Facility.
Resolution No. 57-85 provides the
Obligation Bond for the Public
Recommendation: Council action.
Action: To adopt the Resolution.
AGENDA 6-25-85
Page 4
*36. Appeals of Decisions of Code Enforcement Board. Consider
appeals of decisions of Code Enforcement Board case numbers 85-
951 (Stein), 85-952 (Bowen), 85-954 (Brock), 85-968 (Pope) and
85-969 (Church) - unauthorized dwelling units in RM-15 (Multiple
Dwelling) zone.
Recommendation: Council action.
AGENDA 6-25-85
Page 5