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09-13-83 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL September 13, 1983 7:00 p.m. 1. Roll Call. AGENDA Council Chambers 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of minutes of Regular Meeting of August 23, 1983. 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. 55-83-Rezoninq Request-Certified Auto Re9air. Second Reading and PUBLIC HEARING relative to rezoning to SC (Specialized Commercial) District approval. The property is located at the northeast corne~of Dixie Highway and Lindell Boulevard. Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on Second Reading. 8. Ordinance No. 56-83-Chanqinq the City's Land Use Plan Desiq- nation. Second Reading and PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a parcel of land located at the northeast corner of Dixie Highway and Lindell Boulevard from RM-IO (Multiple Family Dwelling) to SC (Specialized Commercial) (Certified Auto Repair) . Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. 57-83-ChanQinq the Citv's Land Use Plan Desiq- nation. Second Reading and PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a parcel of land located south of Gulf Stream Boulevard, between Webb Avenue and Dixie Highway from SF (Single "Family) to C (Commercial). Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on Second Reading 11. Ordinance No. 58-83-Chan9inq the City's Land Use Plan Desi9- nation. Second Reading and PUBLIC HEARING relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a parcel of land located west of Webb Avenue, between Gulf Stream Boulevard and Atlantic High School from SF (Single Family) to MF-6 (Multiple Family) . Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on Second Reading. 12. ordinance No. 59-83-Chan9in9 the City's Land Use Plan Desi9- nation. Second Reading and PUBLIC HEARING relative to chang- ing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located north of Allen Avenue, be- tween Federal Highway and the Intracoastal Waterway from SF (Single Family) to MF-IO (Multiple Family) . Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on Second Reading. 13. Ordinance No. 60-83-Geores Annexation. Second Reading and PUBLIC HEARING relative to annexing a one-acre parcel of land, subject to R-IAA (Single Family Dwelling) District, located north of N. W. 18th Street, if extended west, be- tween N. W. 4th Avenue and Lake Ida. Recommendation: Planning Director recommends approval. Action: To adopt the Ordinance on Second Reading. 14. Ordinance No. 61-83-LaScala Annexation. Second Reading and PUBLIC HEARING relative to annexing a 0.485-acre parcel of land, subject to R-lAA (Single Family Dwelling) District, located south of N. W. 22nd Street, between N. W. 4th Avenue and N. W. 3rd Avenue. Recommendation: Planning Director recommends approval. Action: To adopt the Ordinance on Second Reading. 15. Ordinance No. 62-83-Delrav Shores Professional Plaza - Re- zonin9. Conditional Use. Site and Develo9ment Plan. Second Reading and PUBLIC HEARING relative to rezoning to SAD (Special Activities District) and the further conditional use and site and development plan to allow an expansion of the permitted office use for an exis~ing professional office project. The property is locate~ south of Lake Ida Road, between Congress Avenue and Davis Road. Recommendation: Planning & Zoning Board approved 6-0. Action: To adopt the Ordinance on Second Reading. 16. Ordinance No. 63-83-South Delray Shoooin9 Plaza Annexation. Second Reading and PUBLIC HEARING relative to annexing a 15.39-acre parcel of land, subject to SAD (Special Activities District), located north of Avenue "L", between Florida Boulevard and South Federal Highway. Recommendation: Planning & Zoning Board approved 5-2 (Horenburger and Newbold dissenting) . Action: To adopt the Ordinance on Second Reading. 17. Ordinance No. 64-83-Rezoninq Request-South Delrav Shopoin9 Plaza. Second Reading and PUBLIC HEARING relative to re- zoning to SAD (Special Activities District), located north of Avenue "L", between Florida Boulevard and South Federal Highway. Recommendation: Planning & Zoning Board approved 5-2 (Horenburger and Newbold dissenting) . Action: To adopt the Ordinance on Second Reading. 18. Ordinance No. 68-83-Amendin9 Code-Alarm Systems. Second Reading and PUBLIC HEARING amending Chapter 2.5 "Alarm Systems" of the Code of Ordinances relative to alarm systems. Recommendation: Police Chief, Fire Chief, Director of Development and Inspection/Chief Building Official recommend approval. Action: To adopt the Ordinance on Second Reading. AGENDA 9-13-83 Page 2 CONSENT AGENDA 19. Reauest for Solicitation of Funds-Florida Consumer Feder- ation. Recommendation: City Clerk recommends approval. Action: Motion to approve solicitation of funds from September 12, 1983 to October 12, 1983. 20. Furniture. Partitions and parkinq Lot-Citv Hall EX9ansion and Alterations. Consider authorizing obtaining bids for furniture, partitions and parking lot additions and improve- ments, with funds to come from the City Hall Construction Account. Recommendation: Council action. Action: Motion to authorize advertising for bids. 21. Automatic Doors-City Hall Expansion and Alterations. Con- sider award of a contract to the low bidder, Automatic Entrances, Inc., in the amount of $5,109.00 to install an automatic front door at the main entrance to the building with funds to come from contributions. Recommendation: City Hall Building Committee recommends approval. Action: Motion to award the contract. 22. Lease of Catherine Stronq Center. Consider renewal of lease agreement from October 1, 1983 through September 30, 1984 be- tween the City and Palm Beach County in the amount of $1.00 for use of the Catherine Strong Center. Recommendation: City Attorney recommends approval. Action: Motion to approve exe~ution of lease agreement. * 23. Final Plat Aooroval-Lembo-Luoo Park of Commerce (Phase Il. Consider request for final plat approval for Lembo-Lupo Park of Commerce (Phase I), a proposed industrial building, located at the southeast corner of Congress Avenue and the L-32 Canal. Recommendation: Planning & Zoning Board approved 5-0. Action: Motion to approve the final plat. * 24. Site and Development Plan Approval-Rainberrv Bav. Sections 8 & 9. Consider request for site and development plan ap- proval for Rainberry Bay, Sections 8 & 9, a proposed con- tinuation of the Rainberry Bay development containing 88 single family homes, located north of Lake Ida Road, be- tween Davis Road and Barwick Road. Recommendation: Planning & Zoning Board approved 5-0, sub- ject to the conditions in the attached memorandum. Action: Motion to approve the site and development plan. 25. Test Well Proqram. Consider award of a contract to the low bidder, Alsay-Pippin Corporation in the amount of $108,225., with funds to come from the 1983 Water & Sewer Revenue Bonds. Recommendation: Utilities Director recommends approval. Action: Motion to award the contract. . 26. Resurfacinq-Phase II. Resolution No. 88-83 awards a contract to the low bidder, Hardrives, Inc. in the amount of $43,260. to resurface various streets and intersections in the City, with funds to come from the 1982-83 budget. Recommendation: Director of Public Works/City Engineer recommends approval. Action: Motion to adopt the Resolution. AGENDA 9-13-83 Page 3 27. Sale of Trailer and Air Conditioner. Consider authorization to sell and award bid for sale of building department trailer and air conditioner from Council chamber. Recommendation: Council action. Action: Motion to approve. REGULAR AGENDA 28. Report from the Golf Advisory Board. Memorandum from the City Manager. * 29. Prooosals to Provide Audit Services. Consider auditor pro- posals. Recommendation: Council action. Action: Consider auditor proposals. *. 30. Aqreement Between the City and Stanlev Tate - Realiqnment of Davis Road. Consider authorizing execution of agreement be- tween the City and Stanley Tate relative to the realignment of Davis Road. Recommendation: Director of Public Works/City Engineer recommends approval. Action: Motion to authorize execution of agreement. *. 31. A09ointments-Planninq & Zonin9 Board. Consider appointments of three members to the Planning & Zoning Boards to three- year terms ending September 28, 1986. Recommendation: Council action. Action: Motion to appoint Board members. 32 . . b .. * . Water Servlce Aareement-Ellza ethan Development. Inc.. Con- sider execution of water service agreement with Elizabethan Development, Inc. for the newly constructed HRS Building in exchange for right-of-way dedication for the future north- ward extension of S. w. 10th Avenue from Linton Boulevard. The property is unincorporated and is located east of German- town Road, between S. W. 10th Street and Linton Boulevard. It contains 1.97 acres and is zoned RH (Residential High Density). This site is not contiguous to the City's corpo- rate boundaries. Recommendation: City Planner recommends approval subject to conditions in attached memorandum. Action: Motion to authorize execution of agreement. *."' 33. Conditional Use Approval-Cumberland Farms Convenience Store and Gasoline Station. Consider request for conditional use approval for a proposed convenience store and gasoline dis- pensing island with two pumps, located at the northwest corner of Lindell Boulevard and South Federal Highway. Recommendation: Planning & Zoning Board approved 4-1 (Wallin dissenting) subject to the con- ditions set forth in the attached memo- randum. Action: Motion to approve conditional use * 34. Dead-End Street in Excess of 1.000 Feet - Le Villaae De Provence. Consider waiving the provision of Section 24-30(K) of the Subdivision Ordinance, which limits permanent dead-end streets to a length not exceeding 1,000 feet, for Le Village De Provence, an approved 60 unit multiple family pro- ject. (See attached memorandum.) Recommendation: Planning & Zoning Board (5-0 vote) recom- mends that the provision of Section 24-30(K) of the Subdivision Ordinance be waived for this project. Action: Motion to waive the provision AGENDA 9-13-83 Page 4 * 35. Final Plat Aooroval-Le Villaae De Provence. Consider request for approval for a revised plat of Le Village De Provence, an approved 60-unit multiple family project. The final plat recommended for approval by the Planning & Zoning Board on May 16th has been amended to reflect a change in the means of access from Lawrence Road to Barwick Road. This modification has been necessitated by action taken by the Board of County Commissioners on July 12th (see attached letter). The prop- erty is located east of Barwick Road, between the L-32 Canal and North Drive of High Point. Recommendation: Planning & Zoning Board approved 5-0, sub- ject to the condition stated in the at- tached memorandum. Action: Motion to approve the final plat. * 36. Ordinance No. 69-83-Dumar Plaza Annexation. First Reading relative to annexing a 0.32 parcel of land, subject to MF-IO (Multiple Family Dwelling) District, located east of Federal Highway between Avenue "H" and Avenue "J". Recommendation: Planning & Zoning Board approved 5-0, subject to conditions set forth in at- tached memorandum. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 11th. *37. Ordinance No. 70-83-Chan9ina the Citv's Land Use Plan Desi9- nation. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located east of Federal Highway between Avenue "H" and Avenue "J" from MF-6 (Multiple Family Dwelling) District to MF-IO (Multiple Family Dwelli~g) District. Recommendation: Planning & Zoning Board approved 5-0, subject to conditions set forth in at- tached memorandum. Action: To adopt the Ordinance on First Reading. Note: If passed, Public Hearing October 11th. *38. Ordinance No. 71-83-Dumar Plaza Rezonin9. First Reading relative to rezoning to SC (Specialized Commercial) approval. The property is located east of Federal Highway between Avenue "H" and Avenue "J". Recommendation: Planning & Zoning Board approved 5-0, subject to conditions set forth in at- tached memorandum. Action: To adopt the Ordinance on First Reading. Note: If passed, Public Hearing October 11th. *39. Ordinance No. 72-83-Chanain9 the Citv's Land Use Plan Desiq- nation. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located east of Federal Highway between Avenue "H" and Avenue "J". Recommendation: Planning & Zoning Board approved 5-0, sub- ject to conditions set forth in attached memorandum. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 11th. AGENDA 9-13-83 Page 5 * 40. Ordinance No. 73-83 - Isles of Delray. First Reading rela- tive to rezoning to PRD-4 (Planned Residential District) ap- proval. The property is located at the northeast corner of Lake Ida Road and I-95. Recommendation: Planning & Zoning Board approved 4-3 (Horenburger, Sumrall and Simon dissent- ing), subject to conditions set forth in attached memorandum. Action: To adopt the Ordinance on First Reading. Note: If passed, Public Hearing October 11th. * 41. Ordinance No. 74-83-Chan9in9 the Citv's Land Use Plan Desia- nation. First Reading relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located at the northeast corner of Lake Ida Road and I-95 from SF (Single Family) to PRD-4 (Planned Residential Distr ict) . Recommendation: Planning & Zoning Board approved 4-3 (Horenburger, Sumrall and Simon dissent- ing), subject to conditions set forth in attached memorandum. Action: To adopt the Ordinance 'on First Reading. Note: If passed, Public Hearing October 11th. * 42. Vacatina and Abandoninq Public Roads. Resolution No. 19-83 vacates and abandons all public roads within the Pines of Delray North Condominium Association. Recommendation: Council action. Action: Motion to adopt the Resolution. ~ AGENDA 9-13-83 Page 6