09-25-84 Regular
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
September 25, 1984
7:00 v.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
proceedings, 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 Meetings of August 28, 1984 and
September 11, 1984 and Special Meetings of September 4, 1984
and September 11, 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.
BUDGET CONSIDERATION
*7. Levvina of Tax Rate. PUBLIC HEARING and adoption of Resolution
No. 75-84 relative to levying a tax on all properties within
the City of Delray Beach.
Recommendation: City Manager and Finance Director recommend
approval.
Action: Motion to adopt the Resolution.
8. Holding a PUBLIC HEARING on the Federal Revenue Sharing.
*9. Avvrovriations for the 1984-85 Budget. PUBLIC HEARING and
adoption of Resolution No. 76-84 relative to making appro-
priations of sums of money for all necessary expenditures of
the City from October 1, 1984 to September 30, 1985.
Recommendation: City Manager and Finance Director recommend
approval.
Action: Motion to adopt the Resolution.
PUBLIC HEARING
10. Ordinance No. 53-84 Linton Square at Lavers Annexation.
Second Reading and PUBLIC HEARING relative to annexing 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. 10th Avenue.
Recommendation: Planning & Zoning Board approved 6-0.
Action: To adopt the Ordinance on Second Reading.
· 11.
Ordinance No. 54-84 - Linton Sauare at Lavers Rezonin9. Condi-
tional Use. Site and Develo9ment Plan APpr~~~l. Second Reading
and PUBLIC HEARING 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. 10th Avenue.
Recommendation: Planning & Zoning Board approved 6-0.
Action: To adopt the Ordinance on Second Reading
12. Ordinance No. 57-84 - Emerald Lake of Delray. Inc. Second
Reading and PUBLIC HEARING relative to rezoning a 7.01-acre
parcel from RM-6 (Multiple Family) District to LI (Light
Industrial), located on the north side of S. W. 10th Street be-
tween S. W. 12th Avenue and S. W. 15th Avenue.
Recommendation: Planning & Zoning Board approved 5-1 (Wallin
dissenting) .
Action: To adopt the Ordinance on Second Reading.
13. Ordinance No. 58-84 - Chanaina the Citv's Land Use Plan Desi9-
nation Emerald Lake of Delrav. Inc. Second Reading and
PUBLIC HEARING relative to changing the City's Land Use Plan
Designation in the Comprehensive Plan for Emerald Lake of
Delray, Inc., located on the north side of S. W. lOth Street
between S. W. 12th Avenue and S. W. 15th Avenue.
Recommendation: Planning & Zoning Board approved 5-1 (Wallin
dissenting) .
Action: To adopt the Ordinance on Second Reading.
14. Ordinance No. 59-84 - McNamara Enterpr ises. Inc. Second Read-
ing relative to annexing a 2.268-acre parcel subject to LI
(Light Industrial), located south of Linton Boulevard between
Congress Avenue and I-95.
Recommendation: Planning & Zoning Board approved 5-0.
Action: To adopt the Ordinance on Second Reading.
15. Ordinance No. 67-84 - Amendina Code - Pensions for General
Employees. Second Reading and PUBLIC HEARING amending Chapter
18 "Pension and Retirement" of the Code of Ordinances relative
to pensions for general employees.
Recommendation: General Employees Retirement Committee.
Action: To adopt the Ordinance on Second Reading.
16. Ordinance No. 68-84 - Zonin9 Ordinance Amendment - Recreational
Vehicles. Second Reading and PUBLIC HEARING amending Chapter
30 "Zoning" of the Code of Ordinances relative to regUlations
for the parking, stor ing or keeping of commercial vehicles,
boats, buses, trailers and trucks.
Recommendation: City Council.
Action: To adopt the Ordinance on Second Reading.
17. Ordinance No. 69-84 William L. and Kathleen So Wallace
Annexation. Second Reading and PUBLIC HEARING relative to
annexing a 7.29-acre parcel, subject to SC (Specialized
Commercial) zoning district, located at the northeast corner of
I-95 and Linton Boulevard.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To adopt the Ordinance on Second Reading.
18. Ordinance No. 70-84 William L. Wallace Annexation.
Second Reading and PUBLIC HEARING relative to annexing a 2.78-
acre parcel, subject to LI (Light Industrial) zoning district,
located at the northeast corner of I-95 and Linton Boulevard.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To adopt the Ordinance on Second Reading.
AGENDA 9-25-84
Page 2
CONSENT AGENDA
19. Ratification of South Central Re9ional Wastewater Treatment and
Disposal Board Action. Consider ratification of SCRWTD Board
action of September 13th regarding adoption of 1984-85 oper-
ating budget.
Recommendation: SCRWTD Board approved 8-0.
Action: Motion to ratify action.
20. Reauest for Solicitation of Funds - Flor ida Consumer Feder-
ation.
Recommendation: City Clerk recommends approval.
Action: Motion to approve solicitation of funds from
September 26th through November 10, 1984.
21. Request for Solicitation of Funds - Leaaue of Women Voters of
South Palm Beach County. Inc.
Recommendation: City Clerk recommends approval.
Action: Motion to approve solicitation of funds from
November 5th through November 16, 1984.
* 22. Final Plat Aooroval - South Delray Shoooina Plaza. Phase II
(aka Trooic View Condominiumsl. Consider request for final
plat approval for South Delray Shopping Plaza, Phase II, an
approved 40 unit multiple family project located at the north-
west corner of Florida Boulevard and Avenue "L".
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to approve.
*23. Extension of Conditional Use Aoproval Shuler's Memorial
Chaoel. Consider request for a six-month extension of the
conditional use approval for Shuler's Memorial Chapel, located
at the southwest corner of West Atlantic Avenue and S. W. 6th
Avenue.
* 24.
Recommendation: Planning & Zoning Board recommended approval
subject to the condition set forth in the
attached memorandum.
Action: Motion to approve.
Lift Station 17 Renovation. Consider award of a contract to the
low bidder, Donestevez/Environcon, Inc. for Lift Station 17
renovation in the amount of $133,153, with funds to come from
the 1983/84 budget.
Recommendation: Director of Public Utilities recommends ap-
proval.
Action: Motion to award contract.
25.
Ranking of Consultants to conduct
~. Confirmation of Council's
sultants and authorization for
negotiate the contract:
Police Facilitv Needs Assess-
rating of the following con-
the City Administration to
1. Marion J. Varner
2. H. Wendell Mounce
3. Polson Architects
Recommendation: Council action.
* 26.
Solid Waste Authoritv Transfer Station. Consider authorizing
execution of agreement between the City and Florida Power &
Light for release of easements in return for an agreement by
the City to grant easements as needed once the new Transfer
Station is construction.
Recommendation: Assistant City Attorney recommends approval.
Action: Motion to authorize execution of agreement.,
AGENDA 9-25-84
Page 3
27.
Lease Aareement to Conduct Elections.
between the City and the School Board
payment of a custodial fee of $26.75
the facilities to conduct elections.
Consider lease agreement
of Palm Beach County for
per facility for use of
Recommendation: Council action.
28. Execution of Release. Consider authorizing execution of
release to Diversified Roofing System and Maryland Casualty
Company for payment of $3,773.24 cover ing damages to the roof
of the Club House at the Municipal Golf Course as a result of a
rain storm.
Recommendation: City Manager, City Attorney and Insurance
Administnistrator recommend approval.
Action: Motion to approve.
29. Agreement for Water Service - Joe Friedes. Consider authoriz-
ing execution of agreement between the City and Joe Friedes dba
National Funding Corporation which establishes the City as
monitor for five years for future water connections with a pro-
rata payback not to exceed $24,000.
* 30.
* 31.
* 32.
* 33.
* 34.
Recommendation: Director of Public Utili ties recommends ap-
proval.
Action: Motion to authorize execution of agreement.
Belair Heights Alley Abandonment (Bruce & Danielle Harrell).
Resolution No. 67-84 abandons a portion of the alley lying
within Block 1 of the Belair Heights SubdiVision, located be-
tween S. W. 10th Avenue and S. W. 9th Avenue.
Recommendation: Planning & Zoning Board approved 5-0, sub-
ject to conditions set forth in the at-
tached memorandum.
Action: To adopt the Resolution.
Easement Deed - Block 1. Belair Heights Subdivision. Consider
acceptance of an easement deed for public access and utili-
ties. The executed easement deed is being granted to the City
in place of the abandoned alley (Item 30) .
Recommendation: Planning & Zoning Board approved 5-0, sub-
ject to conditions set forth in the at-
tached memorandum.
Action: Motion to accept deed.
Abandonment of a Portion of Frederick Boulevard (Frank E. and
Charlotte Millerl. Resolution No. 68-84 abandons a portion of
Frederick Boulevard between Avenue "L" and Avenue "J".
Recommendation: Planning & Zoning Board approved 5-0.
Action: To adopt the Resolution.
Sanitarv Sewers
69-84 accepts
recorded in the
and Water Utilities Acceptance.
all sanitary sewers and water
plat of Le Village de Provence.
Resolution No.
utili ties as
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
Sanitarv Sewers and Water Utilities Acceptance. Resolution No.
70-84 accepts sanitary sewers and water utilities as recorded
in the plat of Sabal Pine South, Phase 2.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
AGENDA 9-25-84
Page 4
* 35.
* 36.
* 37.
Sanitary Sewers and Water Utilities Acceptance. Resolution No.
71-84 accepts sanitary sewers and water utilities as recorded
in the plat of Congress Square.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
Sanitarv Sewers and Water Utilities Acce9tance. Resolution No.
72-84 accepts sanitary sewers and water utilities as recorded
in the plat of Rainberry Bay, Section 8.
Recommendation: Director of Public Works/City Engineer recom-
mends approval.
Action: To adopt the Resolution.
Annexation Request - West side of Florida BOUt~V~rd ~~~~~en
LaMat Avenue and Avenue "J" (Henrv E. ~~d Jud'i . B ) .
Resolution No. 74-84 requests permission from the Palm Beach
County Board of Commissioners to rezone a 0.20-acre parcel sub-
ject to RM-IO (Multiple Family Dwelling) District. It is zoned
RS (Residential Single Family) in the County and is designated
MF-IO (Multiple Family) on the City's Land Use Plan.
Recommendation: Planning Director recommends approval since
the request is consistent with the Land Use
Plan.
Action: To adopt the Resolution.
REGULAR AGENDA
38. Selection of finalists for review for the lease management of
the Municioal Golf Course.
* 39.
* 40.
*41.
Recommendation: Council action.
Rezonina. Land Use Plan Amendment. Conditional Use. Site Plan
A09roval - Alfieri-Pualiese Park of Com;;r~e. Consider request
to rezone a 25.22-acre parcel from RM-IO (Multiple Family Dwell-
ing) District to PCC (Planned Commerce Center). Conditional
use and site plan approval are also requested for Alfieri-
Pugliese Park of Commerce, a proposed planned commerce center,
located at the northwest corner of Congress Avenue and S. W.
29th Street.
Recommendation: Planning & Zoning Board recommends denial by
a 7-0 vote for the reasons stated in the at-
tached memorandum.
Action: Motion to deny.
A90raisal of City Prooerty. Consider authorizing expenditure
of approximately $2500 for an appraisal of City property which
will be offered in exchange for property adjacent to the
Regional Treatment Plant owned by Shell Oil Company with funds
to come from the Water and Sewer Fund.
Recommendation: Assistant City Attorney recommends approval.
Action: Motion to approve.
Ordinance No. 71-84 - Changing the City's Land Use Plan Desig-
nation (Scaltritol. First Reading relative to changing the
City's Land Use Plan Designation in the Comprehensive Plan for
a 2.65-acre parcel of land located at the northeast corner of
S. W. 15th Avenue and S. W. 8th Street.
Recommendation: Planning & Zoning Board approved 6-1 (Wallin
dissenting) .
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing November 13th.
AGENDA 9-25-84
Page 5
* 42.
* 43.
* 44.
* 45.
* 46.
* 47.
Ordinance No. 72-84 Scaltrito Rezoning. First Reading
relative to rezoning a 2.65-acre parcel of land subject to LI
(Light Industrial), located at the northeast corner of S. W.
15th Avenue and S. W. 8th Street.
Recommendation: Planning & Zoning Board approved 6-1 (Wallin
dissenting) .
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing November 13th.
Ordinance No. 73-84 - Chanaing the Ci tv's Land Use Plan Desig-
nation (Miller!. First Reading relative to changing the City's
Land Use Plan Designation in the Comprehensive Plan for a 1.69-
acre parcel of land located on the north side of S. W. 10th
Street and S. W. 15th Avenue.
Recommendation: Planning & Zoning Board approved 6-1 (Wallin
dissenting) .
Action: To pass the Ordinance on First Reading.
Note: If passed Public Hearing November 13th.
Ordinance No. 74-84 - Miller Rezoning. First Reading relative
to rezoning a 1.69-acre parcel of land subj ect to LI (Light
Industr ial), located on the north side of S. W. 10th Street,
between S. W. 14th Avenue and S. W. 15th Avenue.
Recommendation: Planning & Zoning Board approved 6-1 (Wallin
dissenting) .
Action: To pass the Ordinance on First Reading.
Note: If passed Public Hearing November 13th.
Ordinance No. 75-84 - Changina the Citv's Land Use Plan Desig-
nation (Lake Ida Professional Plaza!. First Reading relative
to changing the City's Land Use Plan Designation in the Compre-
hensive Plan for a 7-acre parcel of land located at the
northwest corner of Congress Avenue and Lake Ida Road.
Recommendation: Planning & Zoning Board approved 7-0, subj-
ect to the conditions set forth in the at-
tached memorandum.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing November 13th.
Ordinance No. 76-B4 - Lake Ida Professional
First Reading relative to rezoning a 7-acre
subject to POI (Professional, Office and
District, located at the northwest corner of
and Lake Ida Road.
Plaza Rezoning.
parcel of land
Insti tutional)
Congress Avenue
Recommendation: Planning & Zoning Board approved 7-0, sub-
ject to the conditions set forth in the at-
tached memorandum.
Action: To pass the Ordinance on First Reading.
Note: If passed Public Hearing November 13th.
Ordinance No. 77-84 - Zoning Ordinance Amendment - Reduction of
Front Buildina Setback. First Reading amending Chapter 30
"Zoning" of the Code of Ordinances relative to reduction of
front building setback by five feet for lots located on a cul-
de-sac.
Recommendation: Planning & Zoning Board approved 5-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 9th.
AGENDA 9-25-84
Page 6
* 48.
Ordinance No. 78-84 Brooks Annexation. First Reading
relative to annexing a 0.20-acre parcel, subject to RM-IO
(Multiple Family Dwelling) District, located on the west side
of Florida Boulevard, between LaMat Avenue and Avenue "J".
Recommendation: Planning Director recommends approval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 25th.
* 49.
Ordinance No. 79-84 - Delint Center Rezoning. First Reading
relati ve to rezoning a 86. 423-acre parcel of land from PRD-4
(Planned Residential District) to SAD (Special Activities
Distr ict) for Delint Center, a proposed mixed use development.
The property is located south of Linton Boulevard between I-95
and Lindell Boulevard.
Recommendation: Planning & Zoning Board approved 6-1 (Simon
dissenting) subject to the conditions set
forth in the attached memorandum.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 9th.
* 50.
Comouter Services. Consider establishing cr iter ia for staff
evaluation proposals by computer system vendors.
Recommendation: Assistant City Attorney recommends approval.
Action: Motion to approve.
AGENDA 9-25-84
Page 7