09-24-85 Regular
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
September 24, 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 September 10, 1985 and
Special Meeting of September 3, 1985.
BUDGET CONSIDERATION
*5. Levvina of Tax Rate. PUBLIC HEARING and adoption of Resolution
No. 78-85 relative to 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.
Appropriations for the
adoption of Resolution
priations of sums of
of the City from October
1985/86 Budget. PUBLIC HEARING and
No. 79-85 relative to making appro-
money for all necessary expenditures
1, 1985 to September 30, 1986.
Recommendation: City Manager and Finance Director 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.
PUBLIC HEARING
10. Ordinance No. 94-85 - Zonina Ordinance Amendment - Creating PRD-
L Zonina Distr ict. Second Reading and PUBLIC HEARING 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
Director recommend approval.
the Ordinance on Second Reading.
Planning
Action: To adopt
11. Ordinance No. 95-85 - Zonina Ordinance Amendment - Creating PRO-
M zoning Distr ict. Second Reading and PUBLIC HEARING amending
Chapter 30 "Zoning" of the Code of Ordinances to create a new
zoning distr ict PRD-M to provide a residential zoning distr ict
wit':: 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 adopt the Ordinance on Second Reading.
12. Ordinance No. 102-85 - Zoning Ordinance Amendment - PCC Zoning
District. Second Reading and PUBLIC HEARING 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 recommend approval.
Action: To adopt the Ordinance on Second Reading.
*13. Ordinance No. 103-85 - Zonina Ordinance Amendment - POC Zoning
District. Second Reading and PUBLIC HEARING amending Chapter 30
"zoning" of the Code of Ordinances to Section 30-15.3 POI
(Professional, Office and Institutional) District to establish a
new POC (Planned Off ice Center) Distr ict, and necessary
amendments to the definition section of the zoning code.
Recommendation: Planning & Zoning Board and Planning
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
14. Ordinance No. 104-85 - Zonin9 Ordinance Amendment - LC Zonin9
District. Second Reading and PUBLIC HEARING 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 recommend approval.
Action: To adopt the Ordinance on Second Reading.
15. Ordinance No. 73-85 - Chan9ina the City's Land Use Plan Desi9-
nati\ln (Eisen). Second Reading and PUBLIC HEARING relative to
changing the City's Land Use Plan Designation in the Compre-
hensive Plan for a 0.52-acre parcel from MF-IO (Multi-Family
Dwelling) District to POI (Professional, Office and Insti-
tutional) zoning District, located at the northwest corner of
Linton Boulevard and S. W. 4th Avenue.
Recommendation: Planning & Zoning Board approved 5-1 (Carey
dissenting) .
Action: To adopt the Ordinance on Second Reading.
16. Ordinance No. 78-85..-=-Chan9ina the City's Land Use Plan Desia-
nation (Sands 0' Sea Subdi vision-Garf ield) . Second Reading and
PUBLIC HEARING 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. 10th Avenue.
Recommendation: Planning & Zoning Board recommends POI
(Professional, Office and Institutional) .
Action: To adopt the Ordinance on Second Reading
AGENDA 9-24-85
Page 2
17. Ordinance No. 79-85 - Chanaing the City's Land Use Plan Desig-
nation (Sands O'Sea Subdivision-Tradewindsl. Second Reading and
PUBLIC HEARING 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. 10th Avenue.
Recommendation: Planning & Zoning Board recommends POI
(Professional, Office and Institutional)
zonir:.g district.
Action: To adopt the Ordinance on Second Reading.
18. Ordinance No. 80-85 - Changing the City I S Land Use Plan Desig-
nation (Lake Ida Commerce Centerl. Second Reading and PUBLIC
HEARING relative to changing the City's Land Use Plan Desig-
nation in the Comprehensive Plan for a 49.95-acre parcel from MF-
10 (Multiple Family) to PCC (Planned Commerce Center), located
at the northeast corner of Congress Avenue and Lake Ida Road.
Recommendation: Planning & Zoning Board and
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
*19. Ordinance No. 81-85 Lake Ida Commer~ Center Rezoning.
Second Reading and PUBLIC HEARING 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 adopt the Ordinance on Second Reading.
20. Ordinance No. 82-85 - Changing the City I S Land Use Plan Desig-
nation (Old Harbor Office and Bank Facility IIL. Second Reading
and PUBLIC HEARING relative to changing the City's Land Use Plan
Designation in the Comprehensive Plan for a 9.9 4-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
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
*21.
Ordinance
Rezonina.
rezoning
Distr ict)
southeast
No. 83-85 - Old Harbor Office and Bank FacLllty II
Second Reading and PUBLIC HEARING relative to
a 9.94-acre parcel from SAD (Special Activities
to LC (Limi ted Commercial) Distr ict, located at the
corner of U. S. No.1 and Linton Boulevard.
Recommendation: Planning & Zoning Board and
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
22. Ordinance No. 84-85 - Changing the City's Land Use Plan Desig-
nation (Old Harbor Plazal. Second Reading and PUBLIC HEARING
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.
Planning
Recommendation: Planning & Zoning Board and
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
AGENDA 9-24-85
Page 3
*23. Ordinance No. 85-85 - Old Harbor Plaza Rezoning. Second Reading
and PUBLIC HEARING relative to rezoning a 6.59-acre parcel from
SAD (Special Activities District) to LC (Limited Commercial),
located at the northeast corner of U. S. No. 1 and Linton
Boulevard.
Recommendation: Planning & zoning Board and
Director recommend approval.
Action: To adopt th_ Ordinance on Second Reading
Planning
24. Ordinance No. 86-85 - Changing the City's Land Use Plan Desia-
nation (Temple Gardens). Secc:1d Reading and PUBLIC HEARING
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
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
25. Ordinance No. 87-85 - Chanaing the City's Land Use Plan Desig-
nation (Delray Shores Professional Plaza). Second Reading and
PUBLIC HEARING 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
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
26. Ordinance No. 88-85 Delray Shores Professional Plaza Re-
zonina. Second Reading and PUBLIC HEARING relative to rezoning
all units 1-1 through 1-22 and 2-1 through 2-22 from SAD
(Special Activities District) 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
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
* 27. Ordinance No. 89-85 - Changing the City's Land Use Plan Desig-
nation (Fleming). Second Reading and PUBLIC HEARING relative to
changing the City's Land Use Plan Designation in the Compre-
hensive Plan for a 142.3-acre parcel from SF (Single Family) to
PRD-L (Planned Residential Development-Low Density), located on
the north side of the L-31 Canal, between Barwick Road and Davis
Road.
Recommendation: Planning & Zoning Board and
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
28. Ordinance No. 90-85 - Changina the City's Land Use Plan Desig-
nation (Anchorage Trailer Park). Second Reading and PUBLIC
HEARING rela ti ve to chang ing the City's Land Use Plan Desig-
nation in the Comprehensive Plan for a 9.82-acre parcel from MF-
10 (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 approval.
Action: To adopt the Ordinance on Second Reading.
AGENDA 9-24-85
Page 4
29. Ordinance No. 91-85 - Changing the City's Land Use Plan Desig-
nation (Government Center Complex). Second Reading and PUBLIC
HEARING relative to changing the City's Land Use Plan Desig-
nation in the Comprehensive Plan for all of Blocks 37 and 45,
together with that portion of S. W. 3rd Avenue lying south of
Atlantic Avenue and north cf 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
Director recommend approval.
Action: To adopt the Ordinance on Seconu Reading.
Planning
*30. Ordinance No. 96-85 - Annexation - Section 1. Second Reading
and PUBLIC HEARING relative to annexation of property known as
Section 1 and calling for a Referendum Election before the
ordinance becomes effective.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
*31. Ordinance No. 97-85 - Annexation - Section 2. Second Reading
and PUBLIC HEARING relative to annexation of property known as
Section 2 and calling for a Referendum Election before the
ordinance becomes effective.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
*32. Ordinance No. 9-B.=.a5 - Ann~tion - SectiQ1L..3.. Second Reading
and PUBLIC HEARING relative to annexation of property known as
Section 3 and calling for a Referendum Election before the
ordinance becomes effective.
Recommen~Qll: Council action.
Action: To adopt the Ordinance on Second Reading.
33.
Ordinan~~__~~ - Char~ Changes
Second Reading and PUBLIC HEARING relative to
Article V "Elections" of the City Charter to
listing City Council offices by seat number.
Form of Ballots.
Charter changes to
provide for ballots
Recommendation: Council action.
Ag~: To adopt the Ordinance on Second Reading.
34. Ordingn~ No. 100-85 Charter Changes Oualifications of
Candidates. Second Reading and PUBLIC HEARING 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 adopt the Ordinance on Second Reading.
35. Ordinance No. 101-85 - Charter Changes - Judae of Election and
Oualification. Second Reading and PUBLIC HEARING 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.
RecommendatiQll: Council action.
Action: To adopt the Ordinance on Second Reading.
AGENDA 9-24-85
Page 5
36. Ordinance No. 105-85 - Charter Changes - Definition of Elector.
Second iteading and PUBLIC HEARING 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 adopt the Ordinance on Second Reading.
37. Ordinance No. 106-85 Charter Changes Corporate Limits.
Second Reading and PUBLIC HEARING relative to Charter changes to
Article II, "Corporate Limits" to provide for ueletion of the
requirement that property annexed be adjacent to and contiguous.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
38. Ordinance No. 108-85 - Charter Changes - Oraanizational Meet-
.ing. Second Reading and PUBLIC HEARING relative to Charter
changes to Article III "Legislative" to provide that the
organizational meeting shall be held immediately following the
assumption of office by the Mayor and/or Council Members on the
last Thursday in March following their election or on the last
Fr iday in March should the last Thursday in March fall on a
legal holiday.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
CONSENT AGENDA
39. Ratification of South Central Wastewater Treatment and Disposal
Board Action of Seotember 12. 1985. Consider ratification of
SCRWTD Board action relative to adoption of the 1985/86 Oper-
ating BUdget in the amount of $1,816,356.
Recommendation: SCRWTD Board approved 7-0.
Action: Motion to ratify action.
40. Ratification of South Central Wastewater Treatment and Disposal
Board action of Seotember 12. 1985. Consider ratification of
SCRWTD Board action relative to adoption of Component I, Capital
Expenditures for 1985/86 in the amount of $16,500 to be assessed
50% to the City of Delray Beach and 50% to the City of Boynton
Beach.
Recommendation: SCRWTD Board approved 7-0.
Action: Motion to ratify action.
41. Ratification of South Central Wastewater Treatment and Disposal
Board action of September 12. 1985. Consider ratification of
SCRWTD Board action relative to increase of the Wholesale User
Charge to .503 cents per thousand gallons for the fiscal year
commencing October 1, 1985.
Recommendation: SCRWTD Board approved 7-0.
Action: Motion to ratify action.
*42. Computer Uninterrupted Power Supply (UPS). Consider award of a
contract to the low bidder, Power Solution, in the amount of
$27,711 for the Computer UPS System to be used by the Data
Processing Division. Funds are to come from the 1985-86 budget.
Recommendation: Finance Director recommends approval.
Action: Motion to award contract.
43. Liahtina of Drivina Range - Municipal Golf Course.
Recommendation: Council action.
AGENDA 9-24-85
Page 6
*44. IBM Computer-Eouipment - City Attornev's Office. Consider award
of contract to the low bidder, Entre, in the amount of $13,564
for IBM PC Systems to be installed in the City Attorney's office.
Recommendation: City Attorney recommends approval.
Action: Motion to award contract.
*45. Contract for Beach Cleaning Services. Consider authorizing
execution of a contract between the City and Universal Beach
Services Corporation for beach cleaning and picking up trash
containers on the beach.
Recommendation: City Attorney recommends approval.
Action: Motion to approve.
*46. Amtrak.
Amtrak.
Resolution No. 80-85 supports the continuation of
Recommendation: Council action.
Action: To adopt the Resolution.
REGULAR AGENDA
47. South County Council of Governments. Consider appointment of a
designated voting member and an alternate for the South County
Council of Governments.
E&QQmmendation: Council action.
Action: Selection of members.
48. Voting Deleaate - Florida League of Cities. Consider selection
of one Council Member to serve as the City's Voting Delegate to
the 59th Annual Florida League of Cities Convention, October 10-
12, 1985.
Recommendation: Council action.
Action: Selection of Voting Delegate.
*49. Water Serv~ce Aareement - SHS Associates. Consider execution of
water service agreement for a 14.6-acre parcel located on the
west side of Military Trail, approximately one half mile north
of Atlantic Avenue (lying at the northwest corner of the L-33
Canal and Military Trail). The property is zoned CS (Special-
ized Commercial) in the County and is designated SF (Single
Family) on the City's Land Use Plan.
Recommendation: Planning & Zoning Board
Director recommend approval.
Action: Motion to approve.
and
Planning
*50. Andover Subdivision Pavement -NiQ~. Consider request to
grant a reduction in required pavement widths from 24 feet to 20
feet in the Andover Subdivision, located on the south side of
Germantown Road between the E-4 Canal and Homewood Boulevard if
extended south.
Recommendation: Council action.
51. Conditional Use Aporoval - 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.
Action: Motion to approve.
*52. Marvin Sanders - Release of Funds.
Recommendation: Council action.
AGENDA 9-24-85
Page 7
* 53. Ordinance No~ 107-85 - Amending Code - Signs and Billboards.
First Reading amending r~apter 9 "Buildings and Construction" of
the Code of Ordinances to allow the property owners to re-
allocate their allowed number and square feet of freestanding
signage in a manner which results in fewer signs and less
footage, subject to Community Appearance Board approval.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 8th.
*54. Ordinance No. 109-85 Andover Annexation. First Reading
relative to annexing a .99-acre parcel, subject to R-lAA (Single
Family) zoning district, located on the south side of Germantown
Road, between the E-4 Canal and Homewood Boulevard, if extended
south.
Recommendation: Planning Director recommends approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 22nd.
* 55. Ordinance No. 110-85 - City of Delray Beach Rezoning (Fleming
Prooertv) . First Reading relative to rezonlng a 142.2-acre
parcel from R-lAA (Single Family) to PRD-L (Planned Residential
Development District - Low Density), located on the north side
of the L-31 Canal between Barwick Road and Davis Road.
Recommendation: Planning Director recommends approval sub-
ject to density limitation of 533 dwelling
units on entire tract of land and subject to
dedication of the school site. Public Hear-
ing before Planning & Zoning Board will be
held September 24th, 8:00 a.m.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 8th.
* 56. Ordinance No. 111-85 Amending Code Three-Hour Parking.
First Reading amending Chapter 26 "Traffic" of the Code of Ordi-
nances to provide that during the time from June 1st through
September 30th all two-hour zones and two-hour parking limits
shall be for a period of three hours.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 8th.
AGENDA 9-24-85
Page 8