Loading...
09-10-85 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL September 10, 1985 ~ 7:00 p.m. AGENDA Council Chambers Please be advised that if a person decides to appeal any decision made by the City C<-uncil 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 August 27, 1985. BUDGET CONSIDERATION *5. Tentatively Levying of Tax Rate. PUBLIC HEARING and adoption of Resolution No. 72-85 relative to tentatively levying a tax on all properties within the City of Delray Beach. Recommendation: City Manager and Finance Director recommend approval. Action: To adopt the Resolution. 6. Holding a PUBLIC HEARING on the Federal Revenue Sharing. *7. Tentatively Levyino Ao?ropriations for the 1985/86 Budget. PUBLIC HEARING and adoption of Resolution No. 73-85 relative to making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1985 to September 30, 1986. Recommendation: City Manager and recommend approval. Action: Motion to adopt the Resolution. 8. Comments and Inquiries on Non-Agenda Items: a. Citizens b. Council c. City Attorney d. City Manager 9. Agenda approval. Action: Motion to approve. Finance Director PUBLIC HEARING *10. Pro?osed Sale of Ci ty Pro~erty. proposed sale of approximately 2.55 east corner of the intersection Atlantic Avenue. PUBLIC HEARING to consider acres located at the south- of Homewood Boulevard and Recommendation: Council action. Action: Motion of intent to sell City property. CONSENT AGENDA 11. Contract for Beach Cleanin9 Services. Consider authorizing execution of a contract between the City and Universal Beach Services Corporation for beach cleaning and author ize negoti- ation of a price to pick up trash containers on the beach. Recommendation: City Manager recommends approval. Action: Motion to approve. 12. Request for SolWtation of Funds - Lea9ue of Women Voters of South Palm Beach County. Inc. Recommendation: City Clerk recommends approval. Action: Motion to approve solicitation of funds from November 4th through November 15, 1985. * 13. Nuisance Abatement. Resolution No. 71-85 assesses costs of abating nuisances in accordance with Section 13-13 on 10 parcels. Recommendation: City Clerk recommends approval. Action: To adopt the Resolution. REGULAR AGENDA * 14. Acceptance of Tem~orary and Pe.rmanent Easement Deeds for Water Transmission Line. Consider acceptance of a temporary 30 foot and a permanent 15 foot easement for the installation under- ground of a transmission water main along the north side of property which fronts on 18th Avenue and payment of $6,000 to the property owner. Recom~ndation: City Attorney recommends approval. Action: Motion to approve * 15. Aooointment Civil Service Board. Consider appointment of Morton Gilday 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. 16. Ap~ointment - Community Appearance Board. Consider appointment of Suzanne Bird as a regular member of the CAB to a two-year term ending August 25, 1987. Recommendation: Council action. Action: Motion to appoint Board member. * 17. Site Plan Approval - Commer~ial Buildin9 CU. S. No. 11. Con- sider request for site plan approval for the Commercial Building (U. S. No.1), a proposed commercial bank and office building with drive-in facility, located on the east side of Federal Highway, between Linton Boulevard and S. E. 10th Street. Recommendation: Planning & Zoning Board approved 6-0, sub- ject to the conditions stated in the attached memorandum. Action: Motion to approve. * 18. Conditional Use Approval - Corporate Tech Center Office Build- ing. Consider request for conditional use approval for Corporate Tech Center Office Building, a proposed 43,250-square foot office development, located at the northeast corner of Congress Avenue and the C-15 Canal. Recommendation: Planning & Zoning board approved 5-0, sub- ject to the conditions stated in the attached memorandum. Action: Motion to approve. AGENDA 9-10-85 Page 2 * 19. Water Service Aareement - Danilo Giamberini. Consider execution of water service agreement for a A6-acre parcel located at the southeast corner of West Atlantic Avenue at Whatley Road. The parcel is zoned CG (General Commercial) in the County and is designated SF (Single Family) in the City's Land Use Plan. Recommendation: Planning & Zoning Board approved 6-0, sub- ject to conditions contained in the memo dated August 16th and CAB approval. Action: Motion to approve. * 20. Annexation Request - Northwest Corner of Linton Boulevard and S. W. 4th Avenue (Eisenl. Re301ution No. 64-85 requests per- mission from the Palm Beach County Board of Commis.sioners to annex an 0.52-acre parcel, subject to POI (Professional, Office and Institutional) zoning district. Recommendation: Planning & Zoning Board approved 5-1 (Carey dissenting) . Action: To adopt the Resolution. * 21. Ordinance No. 73-85 - Chan9in9 the City's Land Use Plan Desi9- nation (Eisenl. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.52- acre parcel from MF-IO (Multi-Family Dwelling) District to POI (Professional, Off ice and Institutional) zoning Distr ict, located at the northwest corner of Linton Boulevard and S. w. 4th Avenue. Recommendation: Planning & Zoning Board approved 5-1 (Carey dissenting) . Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 22. Ordinance No. 72-85 - Eisen Annexation. First Reading relative to annexing an 0.52-acre parcel subject to POI (Professional, Office and Institutional) zoning district, located at the north- west corner of Linton Boulevard and S. W. 4th Avenue. Recommendation: Planning & Zoning Board approved 5-1 (Carey dissenting) . Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 8th. * 23. Ordinance No. 78-85 - Chan9in9 the Citv's Land Use Plan Desi9- nation (Sands 0' Sea Subdivision-Garfieldl. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 2.117-acre parcel from SF (Single Family) to C (Commercial), located at the northwest corner of Linton Boulevard and S. W. lOth Avenue. Recommendation: Planning & Zoning Board recommends POI (Professional, Office and Institutional). Action: To pass the Ordinance on First Reading Note: If passed, Public Hearing September 24th. * 24. Ordinance No. 79-85 - Chan9ing the City's Land Use Plan Desi9- nation (Sands O'Sea Subdivision-Tradewindsl. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lots 1 through 26, inclusive and Lots 47 through 52 inclusive from SF (Single Family) to C (Commercial), located north of Linton Boulevard between Germantown Road and S. W. lOth Avenue. Recommendation: Planning & Zoning Board (Professional, Office and zoning district. To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. recommends POI Insti tutional) Action: AGENDA 9-10-85 Page 3 *25. Ordinance No. 80-85 - Changing the City's Land Use Plan Desi9- nation (Lake Ida Commerce Centerl. First Reading relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a 49.95-acre parcel from MF-IO (Multiple Family) to PCC (Planned Commerce Center), located at the north- east corner of Congress Avenue and Lake Ida Road. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hear~ng September 24th. *26. Ordinance No. 81-85 - Lake Ida Commerce Center Rezonin9. First Reading relative to rezoning a 49.95-acre parcel from RM-IO (Multiple Family) to PCC (Planned Commerce Center), located at the northeast corner of Congress Avenue and Lake Ida Road. Recommendation: Planning & Zoning Board and Planning Director recommend approval with conditions. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. *27. Ordinance No. 82-85 - Changin9 the City's Land Use Plan Desi9- nation COld Harbor Office and Bank Facility Ill. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 9.94-acre parcel from MF-6 (Multiple Family) to C (Commercial), located at the southeast corner of U. S. No. 1 and Linton Boulevard. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. *28. Ordinance No. 83-85 - Old Harbor Office and Bank FaciE ty II Rezoning. First Reading relative to rezoning a 9.94-acre parcel from SAD (Special Activities District) to LC (Limited Commer- cial) District, located at the southeast corner of U. S. No. 1 and Linton Boulevard. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. *29. Ordinance No. 84-85 - Chanoin9 the City's Land Use Plan Desi9- nation (Old Harbor Plazal. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 6.59-acre parcel from MF-15 (Multiple Family) to C (Commercial), located at the northeast corner of U. S. No.1 and Linton Boulevard. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. *30. Ordinance No. 85-85 - Old Harbor Plaza Rezonin9. First Reading relative to rezoning a 6.59-acre parcel from SAD (Special Ac- tivities District) to LC (Limited Commercial), located at the northeast corner of U. S. No.1 and Linton Boulevard. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading Note: If passed, Public Hearing September 24th. AGENDA 9-10-85 Page 4 *31. Annexation Request - North Side of L-33 Canal between Davis Road and Hiah Point of Delray (Temple Gardensl. Resolution No. 75-85 requests permission from the Palm Beach County Board of Commis- sioners to annex a 22.57-acre parcel from SF (Single Family) to MF-IO (Multiple Family) . Recommendation: Planning & Zoning Board Director recommen~ approval. Action: To adopt the Resolution. and Planning * 32. Ordinance No. 86-85 - Chan9in9 the City's Land Use Plan Desi9.=. nation (Temple GaciEm.!ll. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 22.57-acre parcel from SF (Single Family) to MF-IO (Multiple Family), located on the north side of the L-33 Canal, between Davis Road and High Point of Delray. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. *33. Ordinance No. 93-85 - T~.lLGardens Annexation. First relative to annexing a 22.57-acre parcel, subject (Mul tiple Family Dwelling), located on the north side L-33 Canal, between Davis Road and High Point of Delray. Reading to RM of the Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 8th. *34. Ordinance No. 87-85 - Chan9in9 the City's Land -IL~lan Desi9.=. nation (Delray Shores Professional Plazal. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for all the units 1-1 through 1-22 and 2-1 through 2-22 from MF-IO (Multiple Family) to POI (Professional, Office and Institutional), located on the south side of Lake Ida Road between Congress Avenue and Davis Road. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. *35. Ordinance No. 88~~Qe.lray Shores Professional Plaza Re- zonin9. First Reading relative to rezoning all units 1-1 through 1-22 and 2-1 through 2-22 from SAD (Special Activities Distr ict) to POI (Professional, Off ice and Institutional), located on the south side of Lake Ida Road between Congress Avenue and Davis Road. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 36. Ordinance No. 89-85 - Chan9il'lS..-the City's Land Use Plan Desi9- nation (Flemin91. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 142.3- acre parcel from SF (Single Family) to PRD-L (Planned Resi- dential Development-Low Density), located on the north side of the L-31 Canal, between Barwick Road and Davis Road. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action; To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. AGENDA 9-10-85 Page 5 * 37. Ordinance No. 90-85 - Chanaina the City's Land Use Plan Desi9- nation (Anchoraae Trailer parkl. First Reading relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a 9.82-acre parcel from MF-IO (Multiple Family) to C (Commercial), located on the east side of U. S. No.1, between Allen Avenue and Avenue Au Soleil. Recommendation: Planning & Zoning Board voted 3-3; Planning Director recommends appro.al. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 38. Ordinance No. 91-85 - Chan9in9 the City's Land Use Plan Desi9- nation (Government Center Complexl. First Reading relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for all of Blocks 37 and 45, together with that portion of S. W. 3rd Avenue lying south of Atlantic Avenue and north of S. W. 1st Street, between Blocks 37 and 45 from R (Recreation and Open Space) and C (Commercial) to P (Public). Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 39. Annexation Request East Sj,ge of S. N~ 4th Avenue between Linton Boulevard aM. Sout~Ridge Road COver land Expr~RRl.. Resolution No. 74-85 requests permission from the Palm Beach County Board of Commissioners to annex a 1. 88-acre parcel, sub- ject to LI (Light Industrial) zoning district. Recommendation: Planning & Zoning Board Director recommend approval. Action: To adopt the Resolution. and Planning * 40. Ordinance No. 92-85 - Overland Express Annexation. First Read- ing relative to annexing a 1.88-acre parcel, subject to LI (Light Industrial) zoning district, located on the east side of S. W. 4th Avenue between Linton Boulevard and South Ridge Road. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 8th. * 41. Ordinance No. 94-85 - -Z.2n.in9 Ordilliill~~~ent Creating PRD-L Zonin9 District. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to create a new zoning district PRD-L to provide a residential zoning district with flexible low density and permitting multiple family and detached single family homes to be developed together. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 42. Ordinance No. 95-85 Zonin9 Ordinance Amendment Creatin9 PRD-M zonin9 Distr~. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to create a new zoning district PRD-M to provide a residential zoning district with flexible medium density and permitting multiple family and detached single family homes to be developed together. Recommendation: Planning & Zoning Board and Planning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. AGENDA 9-10-85 Page 6 * 43. Ordinance No. 96-85 - Annexation - Section 1. First Reading relative to annexativn of property known as Section 1 and calling for a Referendum Election before the ordinance becomes effective. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 44. Ordinance No. 97-85 - Annexation - Section 2. First Reading relative to annexation of property known as Section 2 and calling for a Referendum Election before the ordinance becomed effective. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 45. Ordinance No. 98-85 - Annexation - Section 3. First Reading relative to annexation of property known as Section 3 and calling for a Referendum Election before the ordinance becomes effective. (8) Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. Ordinance No. 99-85 - Charter Changes - Form of Ballots. First Reading relative to Charter changes to Article V "Elections" of the City Charter to provide for ballots listing City Council offices by seat number. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. ~ Ordinance No. 100-85 or Alternate - Charter Changes - Oualifi- ~ cations of Candidates. First Reading relative to changes to Article III "Legislative" of the City Charter or to Chapter 2 "Administration" of the Code of Ordinances (whichever is appropriate) to provide for adding a provision requiring all candidates to the office of Mayor or City Council seats to be a resident of the City on or before September 1st of the year preceding the regular or special election(s). Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. o Ordinance No. 101-85 - Charter Chanaes - Judge of Election and Oualification. First Reading relative to changes to Article V "Elections" of the City Charter to insert provisions providing who shall be the judge of the election and the election returns for the office of Mayor and the office of City Council seats. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 49. Ordinance No. 102-85 - Zonina Ordinance Amendment - PCC Zonin9 District. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to Section 30-15.2, PCC (Planned Commerce Center) District. Recommendation: Planning & Zoning Board and Planning Director recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. AGENDA 9-10-85 Page 7 . 50. Ordinance No. 103-85 - Zonin9 Ordinance Amendment - POC Zonin9 District. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to Section 30-15.3, POI (Professional, Off ice and Institutional) District tv establish a new POC (Planned Office Center) District, and necessary amendments to the definition section of the zoning code. Recommendation: Planning & Zoning Board and Pl~nning Director recommend approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 51. Ordinance No. 104-85 - Zonina Ordinance Amendment - LC Zonin9 District. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to Section 30-13.1, LC (Limited Commercial) District. Recommendation: Planning & Zoning Board and Planning Director recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. ~ Ordinance No. 105-85 - Charter Changes - Definition of Elector. ~ First Reading amending Chapter 1 "General Provisions" of the Code of Ordinances adding definition of elector into the definition section and amending the definition of residence. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. e Ordinance No. 106-85 Charter Changes Corporate Limits. First Reading relative to Charter changes to Article II, "Corporate Limits" to provide for deletion of the requirement that property annexed be adjacent to and contiguous. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. * 54. Ordinance No. 107-85 - Charter Changes - Voluntary Annexation. First Reading relative to Charter changes to Article II, "Corporate Limits" to eliminate references to contiguity and to insert provisions that annexation shall be by ordinance duly passed or in any other manner provided by general or special law. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. ~3' Ordinance No. 108-85 - Charter Changes - Or9anizational Meet- ing. First Reading relative to Charter changes to Article III "Legislative" to provide that the organizational meeting shall be held immediately following the assumption of off ice by the Mayor and/or Council Members on the last Thursday in March following their election or on the last Friday in March should the last Thursday in March fall on a legal hOliday. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing September 24th. . 56. Industr ial Revenue Bonds =--Seneca Group. Resolution No. 76-85, being an inducement resolution, authorizes the financing of a warehouse, office and showroom facility for the Seneca Group to be located in the Enterprise Zone and authorizes the Mayor to sign a preliminary agreement for the issuance of Industrial Revenue Bonds which is attached hereto. Recommendation: Industrial Revenue Bond Committee recommends approval. Action: To adopt the Resolution. AGENDA 9-10-85 Page 8