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10-09-84 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL October 9, 1984 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 hear ing, 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 Meeting of September 25, 1984 and Special Meeting of September 18, 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. 77-84 - Zonin9 Ordinance Amendment - Reduction of Front Buildin9 Setback. Second Reading and PUBLIC HEARING 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 adopt the Ordinance on Second Reading. 8. Ordinance No. 79-84 - Delint Center Rezonin9. Second Reading and PUBLIC HEARING relative to rezoning a 86.423-acre parcel of land from PRD-4 (Planned Residential District) to SAD (Special Activi ties Distr ict) for Delint Center, a proposed mixed use development. The property is located south of Linton Boulevard between 1-95 and Lindell Boulevard. Recommendation: Planning & Zoning Board approved 6-1 (Simon dissenting) . Action: To adopt the Ordinance on Second Reading. 9. Ordinance No. 80-84 - Palm Beach Countv Fire Code. Second Read- ing and PUBLIC HEARING exempting the City from the operation and effect of the "Palm Beach County Fire ;ode" (County Ordi- nance No. 84-3) by repealing said ordinai~e Nithin the City. Recommendation: Council action. Action: To adopt the Ordinance on Sec .nd Reading. CONSENT AGENDA 10. Request for Solicitation of Funds - Community Chest Services. ~ 11. * 12. Recommendation: City Clerk recommends approval. Action: Motion to approve solicitation of funds from February 1st through February 28, 1985. Request for Solicitation of Funds A.A.O.N.M.S. Amara Shrine Temple. Recommendation: City Clerk recommends approval. Action: Motion to approve solicitation of funds from November 5th through November 19, 1984. Police Facility Needs Assessment Contract. ance of contract between the City and for Police facility needs assessment. Consider accept- Marion J. Varner Recommendation: Assistant City Attorney recommends approval. Action: Motion to approve. 13. 1984 Resurfacino Project. Consider award of a contract to the low bidder, pavex Corporation in the amount of $144,900 for re- surfacing of a number of streets within the City, with funds to come from reserve for street resurfacing from 1983/84 budget. Recommendation: Director recommends to approve. Action: Motion of Public approval. Works/City Engineer 14. Odor Control Study Facilities for L. S. 50. 80 and 1. Consider authorization of retrofit for three wet well air scrubbers in the amount of $100,000. Russell & Axon engineering and in- spection costs will be $17 ,630. Funds are to come from the 1983/84 budget. * 15. * 16. * 17. Recommendation: Director of Public Utilities recommends ap- proval. Action: Motion to approve. Mandatorv Garbaoe Collection in County. Resolution No. 79-84 expresses the appreciation of the City Council to the Palm Beach County Board of Commissioners for enacting mandatory garbage collection within unincorporated Palm Beach County. Recommendation: Council action. Action: To adopt the Resolution. Annexation Request - Southeast Corner of the Intersection of Avenue "L" and South Federal Hiohway (Isuzu Motors). Reso- lution No. 80-84 requests permission from the Palm Beach County Board of Commissioners to rezone a 0.70 acre parcel subject to SAD (Special Activities District). It is zoned CG (General Commercial), in part, and RM (Residential Medium Density), in part, in the County and 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 with Ellis and Carey dissenting) . Action: To adopt the Resolution. Nuisance Abatement. Resolution No. 81-84 assesser costs for abating nuisances in accodance with Sections 13-] 2 .nd 13-13 on two parcels. Recommendation: City Clerk recommends approve:. '.. Action: To adopt the Resolution. AGENDA 10-9-84 p.- ~ * 18. Exchanoe of City Property. Resolution No. 82-84 authorizes exchange of City property located along the east right of way of Congress Avenue, approximately 1/4 mile north of Lake Ida Road for property owned by Shell Oil Company adjacent to the Regional Treatment Plant. Recommendation: Assistant City Attorney recommends approval. Action: To adopt the Resolution. * 19. Allev Abandonment - Trooic Isle Tradino Center. Resolution No. 83-84 abandons a 17' x 21' alley within the Tropic Isle Trading Center, subject to the acceptance and recordation of an ease- ment deed in place of the alley, located south of Linton Boulevard, between Dixie Highway and South Federal Highway. (See item 20 below.) Recommendation: Planning & Zoning Board approved 6-0, subj ect to the conditions set forth in the attached memorandum. Action: To adopt the Resolution. *20. Easement Deed - Tropic Isle Tradin9 Center. Consider accept- ance of an easement deed in place of the alley within Tropic Isle Trading Center, subject to the abandonment of the alley. Recommendation: Planning & Zoning Board approved 6-0, subj ect to the conditions set forth in the attached memorandum. Action: Motion to accept deed. REGULAR AGENDA 21. Delray Beach Municioal Golf Course. lea see for the Municipal Golf Course. Consider selection of Recommendation: Council action. * 22. Non-Conformino Use Status and related matters concernin9 Marina Delrav. The following items are to be considered relative to the Marina Delray: "A. Consideration and a decision concerning your continued non- conforming use status and for further direction to the City Administration as to whether or not you shall be permitted to continue operation thereafter; B. Either a termination as of 12:01 a.m. on October 10, 1984 of the temporary certificate of occupancy with no subsequent renewal, or the resolving of the temporary certificate of occupancy should the City Council direct the City Adminis- tration that as to documents for review relative to non- conforming use, your non-conforming use status may be continued; and, C. Consideration of your request to permit the dolphins, docks and piers which now rest on the submerged City property and which encroach upon the setbacks as required by the City of Delray Beach Code of Ordinances in the Zoning Code section may be permitted to remain (and if the City Council decides that they shall not, then the offending docks, dolphins and finger piers shall be removed no later than 5:00 p.m. on October 11, 1984) ." Recommendation: City Attorney recommends approval. Action: Motion to approve. AGENDA 10-9-84 Page 3 * 23. Solid Waste Authoritv Transfer Station. Consider the following requests relative to improvements to the Transfer Station: A. Waiver of standard conditional use procedures subject to the conditions imposed by staff and any additional conditions imposed by Council after review. B. Approval of the plans in accordance with the lease require- ment. C. Extension of the time for submitting the plat until issu- ance of the certificate of occupancy. Recommendation: Assistant City Attorney recommends approval. Action: Motion to approve. 24. Aooointments - Plannino & Zoning Board. Consider appointments of two members to the Planning & Zoning Board of Theodore Carey and Jack Kellerman to terms ending September 28, 1986. * 25. * 26. * 27. * 28. Recommendation: Council action. Action: Motion to appoint Board members. Apoointment - a member to September 28, Planning & Zoning Board. Consider appointment of the Planning & Zoning Board to a term ending 1986 with the following names to be considered: Catherine Brunson Mark David Joseph Bell Robert Currie Plus any names that Council cares to submit. Recommendation: Council action. Ordinance No. 81-84 - Site Plan Modification - Pelican Harbor Shoooes. First Reading amending Ordinance No. 43-81 which established a SAD (Special Activities District) for Pelican Harbor Shoppes relative to increasing the floor area from 13,400 square feet to 13,646 square feet, redesigning the buildings into a single structure, and reorienting the parking from the rear to the front of the building. The property is located at the northeast corner of South Federal Highway and Tropic Isle Drive. Recommendation: Planning & Zoning Board approved 7-0 subject to the conditions set forth in the attached memorandum. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 23rd. Ordinance No. 82-84 - Isuzu Motors Annexation. First Reading relative to annexing a 0.70-acre parcel, subject to SAD (Special Activities District), located at the southeast corner of the intersection of Avenue "L" and South Federal Highway. Recommendation: Planning & Zoning Board recommends denial (4- 2 with Ellis and Carey dissenting) . Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing November 13th. Ordinance No. 83-84 - Isuzu Motors Rezoning. First Reading relative to rezoning a 0.70-acre parcel from CG (General Commercial), in part, and RM (Residential Medium Density), in part, (County) to SAD (Special Activities District). 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 with Ellis and Carey dissenting) . Action: T~ -~ss the Ordinance on Fir~t Reading. If passed, Public P 'ng Nove~ ~ 13th. ',~ENDA 10-9-84 ~ ..,.. , ~9. Ordinance No. 84-84 - Amendinq Code - Floor Elevations. First Reading amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to floor elevations. Recommendation: Director of Development and Inspection/CBO recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 23rd. ,GEND~' 1-84 . 5