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10-11-83 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL October 11, 1983 7:00 o.m. AGENDA Council Chambers 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of minutes of Regular Meeting of September 27, 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. 69-83 - Dumar Plaza Annexation. Second Read- ing and PUBLIC HEARING relative to annexing a 0.32 parcel of land, subject to RM-IO (Multiple Family Dwelling) District, located east of Federal Highway between Avenue "H" and Avenue "I". Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on Second Reading. 8. Ordinance No. 70-83 - Chanainq the City's Land Use Plan Desianation. Second Reading and PUBLIC HEARING 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 "I" from MF-6 (Multiple Family) to MF-IO (Multiple Family) . Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on Second Reading. 9. Ordinance No. 71-83 - Dumar Plaza Rezoning. Second Reading and PUBLIC HEARING 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. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. 72-83 - Chanainq the Citv's Land Use Plan Desianation. Second Reading and PUBLIC HEARING 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-IO (Multiple Family) to C (Commercial). Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on Second Reading. 11. Ordinnce No. 73-83 - Isles of Delrav. Second Reading and PUBLIC HEARING relative to rezoning to PRD-4 (Planned Resi- dential District) approval. The property is located at the northeast corner of Lake Ida Road and 1-95. Recommendation: Planning & Zoning Board approved 4-3 (Horenburger, Sumrall and Simon dissent- ing) . Action: To adopt the Ordinance on Second Reading. 12. Ordinance No. 74-83 - Chanqina the City's Land Use Plan Desianation. 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 Lake Ida Road and 1-95 from SF (Single Family) to PRD-4 (Planned Residential District) . Recommendation: Planning & Zoning Board approved 4-3 (Horenburger, Sumrall and Simon dissent- ing) . Action: To adopt the Ordinance on Second Reading. 13. Ordinance No. 75-83 - Amending Code - Nuisances on Prooerty. Second Reading and PUBLIC HEARING amending Chapter 13 "Health and Sanitation" of the Code of Ordinances relative to nuisance abatement. Recommendation: City Manager and City Attorney recommend approval. Action: To adopt the Ordinance on Second Reading. CONSENT AGENDA 14. Request for Solicitation of Funds - Leaaue of Women Voters of South Palm Beach County. Inc. Recommendation: City Cle~k recommends approval. Action: Motion to approve solicitation of funds from November 7th through November 18, 1983. *15. Re~lat Aooroval - Dumar Plaza. the entire site of Dumar Plaza, office development located east Avenue "H" and Avenue "J". Consider replat request for an existing professional of Federal Highway between Recommendation: Planning & Zoning Board approved 5-0. Action: Motion to approve replat. *16. Conditional Use A~~roval - Dumar Plaza. Consider request for conditional use approval to allow alternate off-street parking on an adjoining parcel for Dumar Plaza. Recommendation: Planning & Zoning Board approved 5-0. Action: Motion to approve conditional use. *17. Extension of Site and Develooment Plan Ao~roval - Le Village De Provence. Consider request for one-year extension of site and development plan approval for Le Village De Provence to October 27, 1984. The subject property 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 conditions stated in the attached memorandum. Action: Motion to approve extension. AGENDA 10-11-83 Page 2 * 18. Final Plat Approval - Rainberry Bay. Sections 8 & 9. Con- sider request for final plat approval for Rainbery Bay, Sections 8 & 9. Recommendation: Planning & Zoning Board approved 5-0. Action: Motion to approve final plat. * 19. Site and Develooment Plan A~~roval - Isles of Delrav. Con- sider request for site and development plan approval for Isles of Delray, located at the northeast corner of Lake Ida Road and 1-95. Recommendation: Planning & Zoning Board approved 4-3 (Horenburger, Sumrall and Simon dis- senting), subject to conditions in the attached memorandum. Action: Motion to approve site and development plan. * 20. Final Plat Aooroval - Congress Sauare (Phase Ill. Consider request for final plat approval for ~ongress Square (Phase II), located at the southwest corner of Atlantic Avenue and Congress Avenue. Recommendation: Planning & Zoning Board approved 5-0, sub- ject to conditions in attached memorandum. Action: Motion to approve final plat. * 21. Change Order - City Hall Expansion and Alterations. Consider change order decreasing the contract price by Cox and Palmer Construction Corporation in the amount of $2,800 for the following: Allowance for purchase of kitchen equipment Allowance for direction and information signs for City Hall $2,200.00 600.00 Recommendation: City Manager recommends approval. Action: Motion to authorize change order. * 22. Re~resentation Before the City's Boards and Committees. Recommendation: City Manager recommends approval. Action: Motion to approve the City Manager's directive to the Chairmen of the Boards and Committees. * 23. Rezoning Request - East of Federal Hiqhway. Between Avenue "H" and Avenue "I". Resolution No. 87-83 requests permission from the Palm Beach County Board.of Commissioners to rezone land annexed from RS (Single Family Residential) (County) to RM-IO (Multiple Family Dwelling District) (City) . Recommendation: Planning & Zoning Board approved 5-0. Action: Motion to adopt the Resolution. * 24. Sanitarv Sewers and Water Utilities Acce~tance. Resolution No. 95-83 accepts sanitary sewers and water utilities as operational as recorded in the plat of Dumar Plaza. Recommendation: Director of Public Works/City Engineer recommend approval. Action: Motion to adopt the Resolution. 25. Acce~tance of Alternate Desian Plan - Citv Parkina Lot. Recommendation: City Manager and Director of Public Works/City Engineer recommend approval. Action: Motion to approve alternate design plan. REGULAR AGENDA * 26. Report on replacement of the maintenance building and golf cart shed. AGENDA 10-11-83 Page 3 * 27. N.S.A. Drainage Studv/N. W. 5th Avenue Desian. Consider ap- proval of contracts and fee proposed by Barker, Osha and Anderson in the amount of $58,760 for N.S.A. Drainage Study/ N. w. 5th Avenue Design. Contracts and fee have been ap- proved by Community Development. Recommendation: City Planner recommends approval subject to final review and approval by the City Attorney. Action: Motion to approve. * 28. Improvement of Homewood and Lowson Intersection. Consider authorizing improvement of the intersection at Homewood and Lowson at an estimated cost of $26,500. $18,000 will be paid by the developer, Lago Del Rey; the balance of $8,500 will come from Capital Improvement Fund Reserve. Recommendation: City Manager and Director of Public Works/ City Engineer recommend approval. Action: Motion to authorize improvement. * 29. Extension of Conditional Use Ap9roval - Medical Office Build- ina for Dr. Beroza. Consider request for one-year extension of the conditional use approval for Medical Office Building for Dr. Beroza, located at the northeast corner of N. E. 2nd Avenue and N. E. 5th Street. Recommendation: Planning & Zoning Board recommends denial 5-0. Action: Motion to approve. * 30. Extension Reauest - The Harbour's Edge. Consider a four- month extension request of the time period established by Council which granted the developer the option of sub- stituting The Harbour's Edge site plan for the Old Harbour site plan on or before December 31, 1983. The date of expiration would become April 30, 1984. Recommendation: Planning & Zoning Board approved 4-1 (Horenburger dissenting) . Action: Motion to grant extension. 31. A~oointments - Citizens Committee. Consider appointments of two members to the Citizens Committee relative to the High- land Beach Sewer Contract/Arbitration. Recommendation: Council action. Action: Motion to appoint Committee members. 32. Sale of Personal Property. Consider award of a contract to Veterans of Foreign Wars, Post 7115, the only bidder, for the parts left over from the replacement of the 7-1/2 ton Chrysler air conditioner in the amount of $75.00. Recommendation: City Manager recommends approval. Action: Motion to award bid. * 33. Ordinance No. 76-83 - Amending Code - Increasina Sewage Rates. First Reading amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to increasing sewage rates for residential and non-residential customers. Recommendation: City Manager recommends approval. Rates are increased because the SCRWTD Board increased the fees in the same amount. Action: To adopt the Ordinance on First Reading. Note: If passed, Public Hearing October 25th. AGENDA 10-11-83 Page 4 * 34. Ordinance No. 77-83 - Zonina Ordinance Amendment - Creatinq a New Zoninq District to be Known as RM-8. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances rela- tive to creating a new zoning district to be known as RM-8 (Multiple Family Dwelling) District. Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on First Reading. Note: If passed, Public Hearing October 25th. * 35. Ordinance No. 78-83 - Zonina Ordinance Amendment - Creatina a New Zoning District to be Known as RM-12. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances rela- tive to creating a new zoning district to be known as RM-12 (Multiple Family Dwelling) District. Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Ordinance on First Reading. Note: If passed, Public Hearing October 25th. * 36. Ordinance No. 79-83 - Zoning Ordinance Amendment - Automo- bile Sales and Disolay. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to allow automobile sales and display as a conditional use in the GC (General Commercial) District. Recommendation: Planning & Zoning Board approved 4-0. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 25th. AGENDA 10-11-83 Page 5