10-26-82 Regular
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
October 26, 1982
7:00 p.m.
AGENDA
Council Chambers
NOTICE: If any person decides to appeal any decision of the City
Council at this meeting, he will need a record of the proceedings
and, for that purpose, he 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
prepare or provide such record.
1. Roll Call.
2 .. Invocation..
3. Pledge of Allegiance to the Flag.
4. Approval of minutes of Regular Meeting of October 12, 1982.
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. 62-82 - Changing the City's Land Use Plan Desig-
nation. Second Reading and PUBLIC HEARING relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan
for Lots 3, 4, 5 and 12, Platt's Acres, portions of Georgia
Street, Gwenzel Avenue and Milfred Street, portions of Tracts
22 and 23 of Section 20, Model Land Company Subdivision from SF
(Single Family) to I (Industrial).
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
8. Ordinance No. 63-82 - Changing the City's Land Use Plan Desig-
nation. Second Reading and PUBLIC HEARING relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan
for Lots 3 and 9, Esquire Subdivision from SF (Single Family) to
C (Commercial).
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
9. Ordinance No. 64-82 - Changing the City's Land Use Plan Desig-
nation. Second Reading and PUBLIC HEARING relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan
for Block A, Ridgewood Heights, and portions of S. W. 7th Avenue,
S. W. 6th Avenue and S. W. 11th Street from SF (Single Family) to
MF-lO (Multiple Family).
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
10. Ordinance No. 65-82 - Changing the City's Land Use Plan Desig-
nation. Second Reading and PUBLIC HEARING relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan
for the NEt of Tract 6 of the SEt of Section 20 Model Land
Company Subdivision from SF (Single Family) to MF-15 (Multiple
Family) .
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
11. Ordinance No. 66-82 - Changing the City's Land Use Plan Desig-
nation. Second Reading and PUBLIC HEARING relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan
for property located in Sections 20 and 29, Township 46 South,
Range 43 East from SF (Single Family) to MF-lO (Multiple Family)
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
12. Ordinance No. 67-82 - Changing the City's Land Use Plan Desig-
nation. Second Reading and PUBLIC HEARING relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan
for property located in Sections 20 and 29, Township 46 South,
Range 43 East from SF (Single Family) to I (Industrial).
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
13. Ordinance No. 68-82 - Changing the City's Land Use Plan Desig-
nation. Second Reading and PUBLIC HEARING relative to changing
the City's Land Use Plan Designation in the Comprehensive Plan
for property located in Section 20, Township 46 South, Range 43
East from SF (Single Family) to MF-15 (Multiple Family).
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
14. Ordinance No. 76-82 - Zoning Ordinance Amendment - Educational
Institutions in the CBD (Central Business District). Second
Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the
Code of Ordinances to allow educational institutions within the
CBD as a conditional use.
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
15. Ordinance No. 77-82 - Zoning Ordinance Amendment - Non-Conforming
Uses of Structures and Land. Second Reading and PUBLIC HEARING
amending Chapter 30 "Zoning" of the Code of Ordinances exempting
attendant recreational facilities of multiple family units and
resort dwelling units from the restrictions which apply to non-
conforming u~es and structures.
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to adopt the Ordinance on Second Reading.
16. Ordinance No. 78-82 - Amending Code - Licenses. Second Reading
and PUBLIC HEARING amending Chapter 15 "Licenses" of the Code of
Ordinances to place a $150 cap on merchants' licenses.
Recommendation: Council action.
Action: Motion to adopt the Ordinance on Second Reading.
17. Ordinance No. 79-82 - Amending Code - Solicitations. Second Read-
ing and PUBLIC HEARING amending Chapter 22 "Solicitations and
Peddlers" of the Code of Ordinances to delete the requirements
for City identification cards and list of solicitors' names,
addresses, etc.
Recommendation: Council action.
Action: Motion to adopt the Ordinance on Second Reading.
18. Ordinance No. 80-82 - Amending Code - Bicycles. Second Reading
and PUBLIC HEARING amending Chapter 7 "Bicycles" of the Code of
Ordinances relative to issuance of bicycle licenses and requir-
ing inspections.
Recommendation:
Action:
Motion
City Manager and Police Chief recommend ap-
proval.
to adopt the Ordinance on Second Reading.
AGENDA 10-26-82
Page 2
CONSENT AGENDA
19. Request for Solicitation of Funds - Community Chest Services,
Inc.
Recommendation: City Clerk recommends approval.
Action: Motion to approve solicitation of funds from
February 7th through February 21, 1983.
20. Request for Solicitation of Funds - Delray Beach Public Library
Association, Inc.
Recommendation: City Clerk recommends approval.
Action: Motion to approve solicitation of funds from March 6th
through March 19, 1983.
21. Request for Solicitation of Funds - Arthritis Foundation.
Recommendation: City Clerk recommends approval.
Action: Motion to approve solicitation of funds from
January 15th through January 30, 1983.
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22.
Traffic Control Agreement - Intersection of Germantown Road and
Congress Avenue.
Recommendation: City Engineer and City Attorney recommend ap-
proval.
Action: Motion to authorize execution of traffic control agree-
ment between the City and Palm Beach County.
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23.
Water Utilities Acceptance.
utilities as operational as
Avenue Auto Center.
Resolution No. 106-82 accepts water
recorded in the plat of Congress
Recommendation: City Engineer recommends approval.
Action: Motion to adopt the Resolution.
* 24. Sidewalk on AlA. Resolution No. 107-82 authorizes the award of
a contract to construct a sidewalk on AlA, 1000 feet north of
Beach Drive to Pelican Lane to the low bidder, Royal Construction
Enterprises in the amount of $11,915 with funds to come from the
1982-83 budget.
Recommendation:
Action:
Motion
City Manager and Assistant City Engineer
recommend approval.
to adopt the Resolution.
25. Turf Equipment - Delray Beach Country Club. Consider authorizing
award of a contract to DeBra Enterprises, Inc., low bidder, for
the following turf equipment, with funds to come from insurance
because of loss from fire.
One
One
One
One
530 Cushman Turf Truckster
Cushman Greensaver Aerator
Metermatic II Topdresser
Lely WFR Spreader
$6,495.00
2,400.00
4,995.00
1,725.00
Recommendation:
Action:
Motion
City Manager and Pro-Manager recommend ap-
proval.
to award contract to low bidder.
26. Turf Equipment - Delray Beach Country Club. Consider authorizing
award of a contract to Hector Turf and Garden, Inc., low bidder,
for the following turf equipment, with funds to come from insurance
because of loss from fire.
One
One
One
Toro Sand Pro Rake
Toro Spiker for Sand Pro
Sod Cutter
$5,625.00
1,485.00
1,795.00
Recommendation:
Action:
Motion
City Manager and Pro-Manager recommend ap-
proval.
to award contract to low bidder.
AGENDA 10-26-32
?3.'.;e 3
27. Turf Equipment - Delray Beach Country Club. Consider authoriz-
ing award of a contract to E-Z-GO, low bidder, for the following
turf equipment, with funds to come from insurance because of
loss from fire.
Two Light Turf Vehicles
$6,390.00
Recommendation:
Action:
Motion
City Manager and Pro-Manager recommend
proval.
to award contract to low bidder.
ap-
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28.
Final Plat Approval - Park Ten First Addition. Consider approval
of final plat for Park Ten First Addition, located south of S. W.
10th Street between 1-95 and Germantown Road.
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to approve final plat.
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29.
Final Plat Approval - Congress Square.
final plat for Congress Square, located
of Congress Avenue and Atlantic Avenue.
Consider approval of
at the southwest corner
Recommendation: Planning & Zoning Board approved unanimously.
Action: Motion to approve final plat.
REGULAR AGENDA
30. Voting Delegate to Florida League of Cities Convention. Consider
appointing a Voting Delegate to the FLC Convention in Miami,
October 28-30, 1982.
Recommendation: Council action.
Action: Motion to appoint a Voting Delegate.
31. Appointment - Planning & Zoning Board. Consider appointment of
one member to the Planning & Zoning Board to a term ending
September 28, 1985.
Recommendation: Council action.
Action: Motion to appoint Board member.
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32.
Surplus City Property. Consider retaining outside professional
consultants to prepare necessary surveys of surplus City prop-
erty and an appraiser to conduct appraisals of each parcel.
Recommendation:
Action:
Motion
City Manager and City Attorney recommend ap-
proval.
to retain outside consultants and appraiser.
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33.
Consultant for Construction of Modification to the Police "PIDAS"
System. Consider retaining Ms. Carmen Hayes as a consultant for
Construction of Modification to the "PIDAS" system in the amount
of $800, with funds to come from 1982-83 Police budget.
Recommendation: City Attorney and Finance Director recommend approval.
Action: Motion to retain consultant.
34. City of Delray Beach/Simpson-Boughton Hotel, Inc.
Recommendation: City Attorney recommends approval.
Action: Motion to authorize settlement of claim in the amount
of $27,500.
35. Mark Allen Thomas vs City of Delray Beach.
Recommendation:
Action: Motion
exceed
City Attorney recommends approval.
to approve settlement offer in amount not to
$27,000.
AGENDA 10-26-82
?s.;e
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36.
Seaboard Coastline Railroad Company vs City of Delray Beach.
Consider authorizing execution of quit claim deeds from the City
of Delray Beach to Seaboard Coastline Railroad Company in order
to settle pending litigation.
Recommendation: City Attorney recommends approval.
Action: Motion to authorize execution of quit claim deeds.
Conditional Use - Therapeutica Ministry, Inc. Consider request
for conditional use in an RM-IO (Multiple Family Dwelling)
District to allow a church and parsonage in an existing single
family dwelling, located west of N. E. 9th Avenue between N. E.
8th Street and McKee Lane, if extended west.
Recommendation:
Action:
Motion
Planning &
denial.
to approve.
Zoning Board unanimously recommends
Site and Development Plan Approval - Pelican Harbor North. Con-
sider request for site and development plan for Pelican Harbor
North to allow a 39-unit multiple family project. The property
is located at the northeast corner of Tropic Isle Drive and
Federal Highway and east of Pelican HarborShoppes.
Recommendation:
Planning & Zoning Board unanimously recommends
approval, subject to the conditions on the
attached memorandum.
to approve site and development plan.
Action:
Motion
39. Funding for Phase III, Plumosa Park. Consider funding of up to
$25,000 for Phase III, Plumosa Park. Source of funds will be
determined on consideration of increased recreation user charges.
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Recommendation: Council Action.
Action: Motion to approve funding.
Refuse Cart Pilot Program - Tropic Palms Subdivision.
Recommendation: Council Action.
Action: Motion to approve refuse cart pilot program.
Security During City Hall Expansion.
Recommendation: City Manager and Director of Public Works/
City Engineer recommend approval.
Action: Motion to authorize contract with Atlas Security
Services of Delray Beach for security during City
Hall construction, subject to City Attorney's approval.
Ordinance No. 81-82 - Changing the City's Land Use Plan Desig-
nation. First Reading relative to changing the City's Land Use
Plan Designation in the Comprehensive Plan for Lot 4, Esquire
Subdivision from SF (Single Family) to I (Industrial).
Recommendation:
Action: Motion
Note:
Planning & Zoning Board approved unanimously.
to pass the Ordinance on First Reading.
If passed, Public Hearing November 23rd.
Ordinance No. 82-82 - Blair Annexation. First Reading relative
to annexing a parcel of land located south of Germantown Road
between Congress Avenue and S. W. 22nd Avenue, subject to SAD
(Special Activities District).
Recommendation:
Action: Motion
Note:
Planning & Zoning Board approved unanimously.
to pass the Ordinance on First Reading.
If passed, Public Hearing November 23rd.
AGENDA 10-26-82
Page 5
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44.
Ordinance No. 83-82 - Blair Rezoning. First Reading relative to
rezoning to SAD (Special Activities District), conditional use
and site and development plan approval. The property is located
south of Germantown Road between Congress Avenue and S. W. 22nd
Avenue.
Recommendation:
Action: Motion
Note:
Planning & Zoning Board approved unanimously.
to pass the Ordinance on First Reading.
If passed, Public Hearing November 23rd.
45. South Central Regional Wastewater Treatment and Disposal Board
Administrative Budget for 1982-83. The 1982-83 SCRWTD Board
Administrative Budget was adopted by the Board at the October 13,
1982 meeting. Action of the Board requires ratification of the
Cities of Delray Beach and Boynton Beach.
Recommendation: SCRWTD Board approved 7-0.
Action: Motion to ratify action of the Board.
46. Public Works Complex. Consider Change Order No.8 increasing the
contract price by Sessoms-Grice Construction, Inc. in the amount
of $749.26 for a total net contract price of $1,343,273.41. This
change order covers water line and bibb hose through the roof and
installation of roof hatch in Building No.2.
Recommendation:
Action:
Motion
City Manager and Deputy Director
Works recommend approval.
to approve the change order.
of Public
AGENDA 10-26-82
Page 6