12-17-85 Special
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
December 17, 1985
7:00 o.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.
L Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
PUBLIC HEARING
4. Ordinance No. 116-85 - I.R.E. Real Estate Fund. Ltd Annexation.
Second Reading relative to annexing a 5.0-acre parcel subject to
LI (Light Industrial) District, located south of Linton
Boulevard between the F.E.C. railroad tracks and S. E. 4th
Avenue.
PUBLIC HEARING was closed at the November 26th meeting and final
passage deferred to the December 17th meeting.
Recommendation: Planning Director recommends approval.
Action: To adopt the Ordinance on Second Reading.
5. Ordinance No. 121-85 - Tradewinds Annexation. Second Reading
and PUBLIC HEARING relative to annexing a 3.0363+ acre parcel,
subject to POC (Planned Office Center) District, located north
of Linton Boulevard between Germantown Road and S. W. 10th
Avenue.
Recommendation: Planning & Zoning Board and
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
6. Ordinance No. 125-85 - Garfield Annexation. Second Reading and
PUBLIC HEARING relative to annexing a 2.117-acre parcel subject
to POC (Planned Office Center) District, located at the north-
west corner of Linton Boulevard and S. W. 10th Avenue.
Recommendation: Planning & Zoning Board recommends approval.
Action: To adopt the Ordinance on Second Reading.
7. Ordinance No. 126-85 - Zonina Ordinance Amendment - Site Plan Ap-
oroval for New Construction and/or Additions. Second Reading
and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of
Ordinances to require that all new construction and/or additions
be subject to site plan approval and renovation plans be pro-
vided to the Community Redevelopment Agency for review.
Recommendation: Planning & Zoning Board and
Director recommend approval.
Action: To adopt the Ordinance on Second Reading.
Planning
8. Ordinance No. 128-85 - Amending Code - Improvement of Setback
and Yard Areas. Second Reading and PUBLIC HEARING amending
Chapter 9 "Buildings and Construction" of the Code of Ordi-
nances to improve the appearance of certain setback and yard
areas and including off-street parking and open-lot sales and
service areas.
Recommendation, Council action.
Action: To adopt the Ordinance on Second Reading.
9. Ordinance No. 129 -85 Amending Code Litter on Occuoied
Pr ivate Property. Second Reading and PUBLIC HEARING amending
Chapter 12 "Garbage and Trash" of the Code of Ordinances to
provide that the owner and/cr the occupier may be r~sponsible
for the existence of litter on occupied private property.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
10. Ordinance No. 130-85 - Amendina Code - Nuisances on Prooerty.
Second Reading and PUBLIC HEARING amending Chapter 13 "Health
and Sanitation" of the Code of Ordinances providing that owners
of property continguous to a right-of-way shall be responsible
for maintaining the unimproved portion of such right-of-way.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
11. Ordinance No. 131-85 Amendina Code Three Hour Parking.
Second Reading and PUBLIC HEARING amending Chapter 26 "Traffic"
of the Code of Ordinances to provide that during the period from
June 1st through September 30th all off-street two-hour zones
and two-hour parking limits shall be for a period of three hours.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
12. Ordinance No. 132-85 - Amending Code - Removal of Signs and
Billboards. Second Reading and PUBLIC HEARING amending Chapter
9 "Buildings and Construction" of the Code of Ordinances
relative to removal of signs and billboards when business is
discontinued.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
*13. Ordinance No. 133-B5 Amending Code Temporary Business
Licenses. Second Reading and PUBLIC HEARING amending Chapter 15
"Licenses" of the Code of Ordinances to establish fees for
licenses for businesses which are temporary in nature.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
14. Ordinance No. 135-85 - Amendina Code - Adootion of State Uniform
Traffic Control Laws. Second Reading and PUBLIC HEARING amend-
ing Chapter 26 "Traffic" of the Code of Ordinances to provide
for the adoption of the State Uniform Traffic Control Laws.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
15. Ordinance No. 137-85 - Delrav Park of Commerce Rezoning. Second
Reading and PUBLIC HEARING relative to rezoning a 5.04-acre
parcel from MI (Medium Industrial) District to MIC (Mixed
Industrial and Commercial) District, located on the east side of
Congress Avenue between Atlantic Avenue and the L-32 Canal.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To adopt the Ordinance on Second Reading.
AGENDA 12-17-85
Page 2
16. Ordinance No. 138-85 - Zoning Ordinance Amendment - Planning &
Zonina Fees. Second Reading and PUBLIC HEARING amending Chapter
30 "Zoning" of the Code of Ordinances relative to Planning &
Zoning fees.
Recommendation: Planning Director recommends approval.
Action: To adopt the Ordinance on Second Reading.
PROCE~URAL ITEMS
17. Approval of minutes of Regular Meetings of November 26, 1985 and
December 3, 1985 and Special Meeting" of November 19, 1985 ar.d
November 27, 1985.
18. Comments and Inquiries on Non-Agenda Items:
a. Citizens
b. Council
c. City Attorney
d. City Manager
19. Agenda approval.
Action: Motion to approve.
CONSENT AGENDA
* 20. Auctioneerina Services. Consider award of contract for auction-
eer ing services to the low bidder, Jim Graham, Inc. for a cost
of approximately $1,889.40 per auction on an estimated average
gross sale of $30,000.
Recommendation: City Manager recommends approval.
Action: Motion to award contract.
* 21. Demolition - Old City Gas Station. Consider award of contract
for demolition of old City gas station, located at the southwest
corner of Atlantic Avenue and S. W. 2nd Avenue to the low
bidder, Cuyahoga Wrecking Corporation in the amount of $8,400,
with funds to come from the Public Safety Building Project.
Recommendation: City Manager recommends approval.
Action: Motion to award contract.
* 22. Golf Cart Storage Facility. Consider award of contract to West
Construction to complete golf cart storage faCility, including
overhead garage doors, frames and finishing details in the
amount of $6,263, with funds to come from the Golf Course
Capital Outlay Building Improvements.
Recommendation: Director of Development and Inspection/CBO
recommends approval.
Action: To award the contract.
* 23. Reauisition No. 2 S. G. Phillips Constructors of Florida.
Consider authorizing payment of Requisition No. 2 to S. G.
Phillips Constructor s of Flor ida in the amount of $254,017.10
for SCRWTD Plant Expansion, Part A.
* 24.
Recommendation: Council action.
Action: Motion to authorize payment.
Final Plat Approval - Public Safety Facility.
for final plat approval for the Public Safety
posed 37,200 square foot municipal government
on the south side of Atlantic Avenue between
and S. W. 4th Avenue.
Consider request
FaCility, a pro-
building located
S. W. 3rd Avenue
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: Motion to approve.
AGENDA 12-17-85
Page 3
*25. Final Plat Aooroval - Rainberry Bay Recreational Facility. Con-
sider request for final plat approval for Rainberry Bay
Recreacional Facility, a propos~d clubhouse within the Rainberry
Bay development.
Recommendation: Planning and Zoning Board and Planning Di-
rector recommend approval.
Action: Motion to approve.
*26. Abandonment .of a Portion of S. W. 3r{ Avenue. Resolution No. :4-
85 abandons a portion of S. W. 3rd Avenue and rights-of-way in
Block 37 to become a part of public property zoned RM-6
MUltiple Family Dwelling District.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To adopt the Resolution.
*27. Consumer Affairs Office. Resolution No. 95-85 requests the Palm
Beach County Commissioners to open and provide funding for a
South County Branch of the Palm Beach County Consumer Affairs
Office.
Recommendation: Council action.
Action: To adopt the Resolution.
* 28. Railroad Crossings - N. E _ 1st Street and S. E. 1st Street.
Resolution No. 96-85 authorizes execution of agreements between
the City and Florida East Coast Railroad Company for improve-
ments of crossings at N. E. 1st Street and S. E. 1st Street.
Recommendation: Council action.
Action: To adopt the Resolution.
REGULAR AGENDA
*29. Discussion of Courthouse. Council discussion.
30. Demolition and Boardina Up Properties. Consider award of
contracts for demolition of the following properties:
Comoany Address
Amount
Sequin Ind. 318 N. W. 1st Street
Wildcat Demolition 19-23 N. W. 14th Avenue
$1,260
3,238
Consider award of contract for boarding up the following
property:
Company Address
Amount
Wildcat Demolition 418 S. w. 5th Avenue
$3,050
Funds for the condemnation will be paid by the City and will be
set up as accounts receivable with liens on the property as
assets.
Recommendation: Director of Development and Inspection/CBO
recommends approval.
Action: Motion to award contracts.
* 31.
Conditional Use and Site Plan Aoproval - South County Court-
house. Consider request for conditional use and site plan
approval for property adjacent to the existing South County
Courthouse to allow an addition and remodeling of 18,211 square
feet for business and professional (governmental) offices in the
LI (Light Industrial) District.
;/
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: Motion to approve.
AGENDA 12-17-85
Page 4
* 32. Letter of Credit - Linton Forest. Consider authorizing exe-
cution of inter local agreement between the City and the Board of
County Commissioners for construction of required improvements
for Linton Focest Townhomes Plat 1 lOCated at S. W. 10th Avenue
and Linton Boulevard.
Recommendation: Council action.
33. Forcemain 60 - Contract Revision. Consider increase of $26,928
in the contract amount by Barile Excavating and Pipeline
Company, Inc. for a total contract price of ~189,444.
Recommendation: Council action.
* 34. Addendum to Water Service Aareement - Danilo Giamber ini. Con-
sider authorizing execution of addendum to water service
agreement dated July 31, 1985 for a wooden fence to provide
screening along the southern and eastern property lines in
Country Club Acres which will be replaced with a wall after
annexation when a sewer hook up is available.
Recommendation: Council action.
* 35. Addendum to Contract between the City and St. Mary's the Virgin
Church. Consider ratification of addendum No. 2 to contract be-
tween the City and St. Mary's the Virgin Church relative to sale
of Homewood Boulevard property.
Recommendation: City Attorney recommends approval.
Action: Motion to approve.
* 36. Aooeal to Decision of Community Appearance Board Linton
Sauare. Consider appeal to decision of CAB decision relative to
free standing sign at Linton Square, 1599 South Congress Avenue.
Recommendation: Council action.
* 37. Actuarial Services to Analvze Funding for the City's Self-
Insurance Proaram. Consider contract for actuarial services to
analyze funding for the City's self-insurance program at a cost
of approximately $8,000 - $12,000 + out-Of-pocket expenses, with
funds to come from the City's self-insurance fund.
Recommendation: Finance Director recommends approval.
Action: Motion to approve.
* 38. Improvements at Sara Gleason Park. Cons ider appropr iation of
$2,500 to complete the Sara Gleason project.
Recommendation: Council action.
* 39. Conditional Use and Site Plan A09rova~ Delray Park of
Commerce. Consider conditional use and site plan approval re-
quest for Delray Park of Commerce to allow a 56,000 square foot
mixed use development including office, showroom/warehouse and
Office/service located on the east side of Congress Avenue be-
tween Atlantic Avenue and the L-32 Canal.
Recommendation: Planning & Zoning
rector recommend
conditions.
Action: Motion to approve.
Board and
approval
Planning
subject
Di-
to
* 40. Abandonment of Portion of Princess Boulevard. Resolution No. 93-
85 vacates and abandons the eastern portion of Princess Boule-
vard north of Linton Boulevard and west of S. W. lOth Avenue in
the Sand O'Sea Subdivision and contains 20,000 square feet.
Recommendation: Planning & Zoning
rector recommend
conditions.
Action: To adopt the Resolution.
Board and
approval
Planning Di-
subj ect to
AGENDA 12-17-85
Page 5
* 41. Widenina of Lake Ida Road. Resolution No. 97-85 requests the
Metropolitan Planning Organization to support and the Palm Beach
County to undertake the widening of Lake Ida Ruad from Congress
Avenue to Military Trail.
Recommendation: Council action.
Action: To adopt the Resolution.
* 42. Ordinance No. 139-85 - Zoning Ordinance Amendment - POC (Planned
Office Center) District. First Reading amending Chapter 30
"Zoning" of the Code of Ordinances changing the POI (Profes-
sional, Office and Institutional) District to POC (Planned
Office Center) District.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 14, 1986.
* 43. Ordinance No. 140-85 - Zoning Ordinance Amendment - RO (Resi-
dential Off ice) Distr ict. First Reading amending Chapter 30
"Zoning" of the Code of Ordinances by enacting a new mixed use
RO (Residential Office) District.
Recommendation: Planning & Zoning Board and Planning Di-
rector recommend approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 14, 1986.
* 44. Ordinance No. 141-85 - Amending Code - Subdivisions. First
Reading amending Chapter 24 "Subdivisions" of the Code of
Ordinances to provide that boundary repla ts need only obtain
preliminary plat approval under certain conditions, and are
otherwise exempt from replatting.
Recommendation: Council action.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing January 14, 1986.
AGENDA 12-17-85
Page 6