07-24-84 Regular
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
July 24, 1984
7:00 p.m.
AGENDA
. Council Chambers
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Approval of minutes of Regular meeting of July 10, 1984 and
Special Meeting of July 3, 1984.
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. 41-84 - Junk Vehicles Second Reading and PUBLIC
HEARING amending Chapter 14 "Junk, Junkyards and Automotive
Repairs" of the Code of Ordinances relative to abandoned,
wrecked or junked vehicles on private or public property.
Recommendation: Council action.
Action: To adopt the Ordinance on Second Reading.
8. Ordinance No. 46-84 - The Seneca Grouo Annexation. Second Read-
ing and PUBLIC HEARING relative to annexing a 4.44-acre parcel,
subject to LI (Light Industrial) zoning district. The property
is located south of S. W. 10th street, between 1-95 and
Germantown Road.
Recommendation: Planning Director recommends approval
because the request is consistent with the
Land Use Plan.
Action: To adopt the Ordinance on Second Reading.
CONSENT AGENDA
* 9. Ratification of Aooroval of Final Plat - Pelican Harbor Phase
~. Consider ratification of approval of final plat for Pelican
Harbor Phase 4 relative to 8-foot wide landscaping strips
bordering the south right-of-way line of Tropic Isle Drive.
This was not shown on the final plat, but was discovered prior
to recording.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: Motion to approve.
10.
Tent Permit - Sherwood Pontiac.
30x30 foot tents to be erected at
Federal Highway for an automobile
August 12, 1984.
Consider request for four
Sherwood Pontiac, 2400 South
sale from August 8th through
Recommendation: Director of Development and Inspection/CBO
recommends approval.
Action: Motion to approve.
*11. Conditional Use Aooroval - Delray Dance Center. Consider re-
quest for conditional use approval for Delray Dance Center, a
proposed school for dance instruction, located on the east side
of N. E. 5th Avenue, between N. E. 5th Street and N. E. 6th
street.
RecomIilendation: Planning & Zoning Board approved 5-0, sub-
ject to the conditions stated in the at-
tached memorandum.
Action: Motion to approve.
*12. Author ization to Settle Workers' Comgensation Claim. Consider
final authorization to approve Gregory V. Wilson Workers'
Compensation Claim in the amount of $15,525.
Recommendation: City Attorney recommends approval.
Action: Motion to authorize settlement of claim.
*13. Lift Station 50. Consider Change Order No. 1 increasing the
contract pr ice by Boyle Construction Company in the amount of
$1,108.00 (City's share $277 .00) . The project is 75% EPA
funded. Funds are to come from the 1979 Revenue Bonds and EPA
grant.
RecommendatiQIl: Director of Public Utilities recommends
approval.
Action: Motion to approve the Change Order.
*14. Lift Station 80. Consider Change Order No. 1 increasing the
contract pr ice by Boyle Construction Company in the amount of
$3,923.25 (City's share $980.81). The project is 75% EPA
funded. Funds are to come from the 1979 Revenue Bonds and EPA
grant.
Recommendation: Director of Public Utilities recommends
approval.
Action: Motion to approve the Change Order.
*15. Lift Stations 50 and 80. Consider authorizing final payment to
Boyle Construction Company for Lift Station 50 in the amount of
$32,985.60 (City's share $8,246.40) and Lift Station 80 in the
amount of $40,542.45 (City's share $10,135.61). These projects
are 75% EPA funded. Funds are to come from the 1979 Revenue
Bonds and EPA grant.
Recommendation: Director of Public Utilities recommends
approval.
Action: Motion to approve final payment.
*16. Forcemain 80. Consider Change Order No. 5 increasing the con-
tract pr ice by Bar ile Excavating & Pipe Company, Inc. in the
amount of $23,815.14 (City's share $5,953.78). The project is
75% EPA funded. Funds are to come from the 1979 Revenue Bonds
and EPA grant.
Recommendation: Director of Public utilities recommends
approval.
Action: Motion to approve the Change Order.
*17. Final Payment. Consider authorizing final payment to Barile
Excavating and Pipe Company, Inc. for Forcemain 80 in the
amount of $47,714.82 (City's share $11,928.70). This project
is 75% EPA funded. Funds are to come from the 1979 Revenue
Bonds and EPA grant.
Recommendation: Director of Public Utilities recommends
approval.
Action: Motion to approve final payment.
18. Aooointment - Downtown Development Authority. Consider appoint-
ment of Morgan Zook as a member of the DDA to a term ending
July 1, 1987.
Recommendation: Council action.
Action: Motion to appoint Authority member.
AGENDA 7-24-84
Page 2
19. Appointment - Internal Audit Committee. Consider appointment
of Willard V. Young as a regular member of the IAC to a term
ending April 27, 1985.
Recommendation: Council action.
Action: Motion to appoint Committee member.
20. Appointment - Code Enforcement Board. Consider appointment of
Michael Plum as an alternate member of the Code Enforcement
Board to a term ending January 14, 1985.
*21.
* 22.
* 23.
* 24.
* 25.
Recommendation: Council action.
Action: Motion to appoint Board member.
Roots Cultural Festival. Resolution No. 55-84 supports Roots
CuI tural Festival, Inc. in their efforts to sponsor the 7th
Annual Roots Cultural Festival on July 27th through August 12th.
Recommendation: Council action.
Action: Motion to adopt the Resolution.
Rezoning Reauest - South Side of Linton Boulevard between S. W.
4th Avenue and S. W. 10th Avenue. Resolution No. 56-84
requests permission from the Palm Beach County Board of
Commissioners to rezone an l8.82-acre parcel to be annexed from
RH (Residential High Density) (County) to SAD (Special
Activities District) (City) .
Recommendation: Planning & Zoning Board approved 6-0, sub-
ject to the conditions stated in the
attached memorandum.
Action: Motion to adopt the Resolution.
Nuisance Abatement. Resolution No. 57-84 assesses costs for
abating nuisances in accordance with Sections 13-12 and 13-13
on 14 parcels.
Recommendation: City Clerk recommends approval.
Action: Motion to adopt the Resolution.
Erosion Control Trust Fund Contract. Resolution No. 58-84 sets
forth the need, description of the project and legal
description of the beach restoration project and requests
preparation of erosion control trust fund contract documents
from the Department of Natural Resources.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: Motion to adopt the Resolution.
ADDlication for a Borrow Area Easement. Resolution No. 59-84
authorizes the submittal of an application to the Florida
Department of Natural Resources requesting a borrow area
easement over State lands in connection with the beach
maintenance nourishment project.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: Motion to adopt the Resolution.
REGULAR AGENDA
26. 1984 Beach Renourishment Project. Consider award of a contract
to the low bidder, Great Lakes Dredging and Dock Company to con-
struct the 1984 beach renourishment project in the amount of
$3,781,740. Funds are to come from the Erosion Control Fund
subject to receiving grant proceeds.
Recommendation:
Director of Public
recommend approval.
Action: Motion
City Manager and
Works/City Engineer
to award contract.
AGENDA 7-24-84
Page 3
27. Aooointment - Contractors Board of Examiners. Consider appoint-
ment of one regular member (Attorney) as a member of the
Contractors Board of Examiners to a term ending October 9, 1985.
Recommendation: Council action.
Action: Motion to appoint Board member.
28. Appointments - Delray Beach Housina Author i tv. Consider ap-
pointments of two members to the Delray Beach Housing Authority
to terms expiring July 14, 1986 and July 14, 1988.
Recommendation: Council action.
Action: Motion to appoint Authority members.
29. Aooointment - Code Enforcement Board. Consider appointment of
one alternate member (Real Estate) to the Code Enforcement
Board to a term ending January 14, 1985.
Recommendation: Council action.
Action: Motion to appoint Board member.
30. Appointments - Internal Audit Committee. Consider appointments
of two alternate members to the IAC to terms ending April 27,
1986 and one alternate member to a term ending April 27, 1985.
Recommendation: Council action.
Action: Motion to appoint Committee member.
*31. Appeal to decision of Community Aooearance Board - Mobil Oil.
Consider appeal of the CAB decision regarding the appearance of
the Mobil station at Avenue "L" and Federal Highway.
Recommendation: Council action.
*32. Water Service Outside the City - Points West Plaza. Consider
execution of water service agreement with Points West Plaza for
property located on the south side of Atlantic Avenue,
approximately 320 feet west of Military Trail. It is desig-
nated CG (General Commercial) in the County and C (Commercial)
on the City's Land Use Plan.
Recommendation: Council action.
*33. Si te Plan Aooroval - Delray Lincoln-Mercury. Consider site
plan approval for Delray Lincoln-Mercury to allow the addition
of 36,720 square feet service and office building.
Recommendation: Planning & Zoning Board approved 4-1
(Sumrall dissenting) subject to the con-
ditions set forth in the attached memorandum.
Action: Motion to approve.
*34. Isuzu Motors - Annexation. Rezoning. Conditional Use. Site Plan
Aoproval. Consider request for annexation of a 0.70-acre
parcel, subj ect to SAD (Special Activities Distr ict) and the
further conditional use and site plan approval for Isuzu
Motors, a proposed automobile dealership. The SUbject property
is located at the southeast corner of the intersection of
Avenue "L" and South Federal Highway. In the County it is
zoned CG (General Commercial), in part, and RM (Residential
Medium Density) in part. It is designated C (Commercial), in
part, and MF-6 (MUltiple Family) in part, on the City's Land
Use Plan.
Recommendation: Planning & Zoning Board recommends denial (4-
2 vote with Ellis and Carey dissenting) for
the reasons stated in the attached memo-
randum.
Action: Motion to deny.
AGENDA 7-24-84
Page 4
*35. Ordinance No. 53-84 Linton Sauare at Lavers Annexation.
First Reading relative to annexing an l8.82-acre parcel subject
to SAD (Special Activities District), located on the south side
of Linton Boulevard between S. W. 4th Avenue and S. W. lOth
Avenue.
Recommendation: Planning & Zoning Board approved 6-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing August 28th.
*36. Ordinance No. 54-84 - Linton Sauare at Lavers Rezonina. Condi-
tional Use. Site and Development Plan A9oroval. First Read-
ing relative to rezoning an 18. 82-acre parcel subject to SAD
(Special Activities District), located on the south side of
Linton Boulevard between S. W. 4th Avenue and S. W. lOth Avenue.
* 37.
* 38.
* 39.
* 40.
Recommendation: Planning & Zoning Board approved 6-0.
Action: To pass the Ordinance on First Reading
Note: If passed, Public Hearing August 28th.
Ordinance No. 38-84 - Gulfstream Building Rezonina. Conditional
Use. Site and Develooment Plan Aoproval. First Reading rela-
tive to rezoning a l.39-acre parcel, subject to SAD (Special
Activities District). The property is located at the northwest
corner of N. E. 8th Street and Andrews Avenue.
Recommendation: Planning & zoning Board approved 6-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing August 28th.
Ordinance No. 55-84 - Zoning Ordinance Amendment - Special Set-
back Reauirements. First Reading amending Chapter 30 "Zoning"
of the Code of Ordinances relative to establishing a setback of
30 feet on both sides of Linton Boulevard; 30 feet on both
sides of Congress Avenue and 30 feet on both sides of Military
Trail.
Recommendation: Planning & Zoning Board approved 5-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing August 14th.
Ordinance No. 56-84 - Amending Code - Transmission and Storage
~. First Reading amending Chapter 29 "Water and Sewers" of
the Code of Ordinances relative to transmission and storage
fees for all new users.
Recommendation: Director of Public Utili ties recommends ap-
proval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing August 14th.
Rezonina. Conditional Use. Site Plan Aooroval (SAD) Palm
Beach Outlet Mall. Consider request to rezone a 24. 85-acre
parcel from RM-lO (Multiple Family Dwelling) to SAD (Special
Activities District) and the further conditional use and site
plan approval for Palm Beach Outlet Mall, a proposed 262,044
square foot shopping center. The property is located on the
east side of Congress Avenue between Lake Ida Road and the
Regional Wastewater Treatment Facility.
Recommendation: Council action.
41. Tent Permit Request - Dauahter of Zion Seventh-Day Adventist
Church. Consider request for a 40x60 foot tent to be erected
at the Daughter of Zion Seventh-Day Adventist Church, located
on S. W. lOth Street and S. W. 6th Avenue from July 29th
through September 8, 1984.
Recommendation: Director of Development and Inspection/CBO
recommends approval.
Action: Motion to approve.
AGENDA 7-24-84
Page 5