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07-12-83 Regular ~ THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL July 12, 1983 7:00 D.m. AGENDA Council Chambers 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of minutes of Regular Meeting of June 28, 1983 and Special Meeting of July 5, 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. Intent to Sell City ProDerty. PUBLIC HEARING on proposed sale of City property, Lots 20 through 24, Block 47 to Francis McAlornan in the amount of $17,100. Recommendation: Council action. Action: Motion of intent to sell City property. 8. Ordinance No. 39-83 - Homewood and Atlantic Rezonin9. Second Reading and PUBLIC HEARING repealing Ordinance No. 24-83 relative to rezoning to RM-6 (Multiple Family Dwell- ing) District approval. The property is located at the southeast corner of Atlantic Avenue and the recently re- aligned Homewood Boulevard. Recommendation: Planning & Zoning Board recommended denial. Action: To adopt the Ordinance on Second Reading. 9. Ordinance No. 40-83 - Chan9ina the Citv's Land Use Plan Desi9nation. Second Reading and PUBLIC HEARING repealing Ordinance No. 25-83 relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located at the southeast corner of Atlantic Avenue and the recently realigned Homewood Boulevard from SF (Single Family) to MF (Multiple Family) . Recommendation: Planning & Zoning Board recommended denial. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. 42-83 - Hamilton Annexation. Second Reading and PUBLIC HEARING relative to annexing a 0.326-acre parcel of land, subject to R-lAA (Single Family Dwelling) District, located west of N. W. 4th Avenue between N. W. 11th Street and N. W. 9th Street. Recommendation: Planning Director recommends approval. Action: To adopt the Ordinance on Second Reading. 11. Ordinance No. 43-83 - Castilyn Annexation. Second Reading and PUBLIC HEARING relative to annexing a 0-25-acre parcel of land, subject to R-IA (Single Family Dwelling) District, located west of Germantown Road, between Royal Palm Drive and S. W. 10th Street. Recommendation: Planning Director recommends approval. Action: To adopt the Ordinance on Second Reading. 12. Ordinance No. 44-83 - Amending Code - Landscaoin9. Second Reading and PUBLIC HEARING amending Chapter 9 "Building and Construction" of the Code of Ordinances relative to access- ways. Recommendation: Assistant City Engineer recommends ap- proval. Action: To adopt the Ordinance on Second Reading. 13. Ordinance No. 45-83 - Containers And/Or Service Required. Second Reading and PUBLIC HEARING amending Chapter 12, "Garbage and Trash" of the Code or Ordinances relative to containers and/or service required. . Recommendation: City Manager recommends approval. Action: To adopt the Ordinance on Second Reading. * 14. Ordinance No. 46-83 - Ty~es of Garbage and Trash Collection Services. Second Reading and PUBLIC HEARING amending Chap- ter 12, "Garbage and Trash" of the Code of Ordinances rela- tive to types of garbage and trash collection and adopting the service map. Recommendation: City Manager recommends approval. Action: To adopt the Ordinance on Second Reading. 15. Ordinance No. 47-83 - Rates for Garbage and Trash Service. Second Reading and PUBLIC HEARING amending Chapter 12, "Garbage and Trash" of the Code of Ordinances relative to setting new rates for garbage and trash collection for all five types of services. Recommendation: City Manager recommends approval. Action: To adopt the Ordinance on Second Reading 16. Ordinance No. 48-83 - Mechanical Containers. Second Read- ing and PUBLIC HEARING amending Chapter 12, "Garbage and Trash" of the Code of Ordinances relative to mechanical con- tainers. Recommendation: City Manager recommends approval. Action: To adopt the Ordinance on Second Reading. 17. Ordinance No. 49-83 - Method of Billing. Second Reading and PUBLIC HEARING amending Chapter 12, "Garbage and Trash" of the Code of Ordinances relative to method of billing for charges. Recommendation: City Manager recommends approval. Action: To adopt the Ordinance on Second Reading. CONSENT AGENDA 18. Roots Cultural Festival Suooort. Consider authorizing ex- penditure up to $500 for the Roots Cultural Festival with funds to come from the contingency account. Recommendation: Council action. Action: Motion to authorize expenditure. AGENDA 7-12-83 Page 2 * 19. Extension of site and Development Plan Approval - Waterway North II. Consider request for a one year extension of site and development plan approval to July 26, 1984 for Waterway North II, located at the northeast corner of the Intracoastal waterway and N. E. 8th street. Recommendation: Planning & zoning Board approved 6-0. Action: Motion to approve site and development plan ap- proval extension. * 20. Final Plat Approval - Pelican Harbor North - Phase I. Con- sider request for final plat approval for Pelican Harbor North - Phase I, located north of Tropic Isle Drive between Spanish Trail and South Federal Highway. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to approve final plat. * 21. Retention of Co-Counsel for Zonina Matters. Consider au- thorizing retention of the firm of Johnston, Sasser, Ran- dolph and Weaver as Co-Counsel relative to zoning matters with funding to come from the City Attorney's budget. Recommendation: City Attorney recommends approval. Action: Motion to retain Co-Counsel * 22. Sanitarv Sewers and Water Utilities Acceptance. Resolution No. 69-83 accepts sanitary sewers and water utilities as operational as recorded in the plat of Domaine Delray. Recommendation: Director of Public Works/City Engineer recommends approval. Action: Motion to adopt the Resolution. REGULAR AGENDA 23. Appointments - Downtown Development Authority. Consider ap- pointments of two members to the DDA to three-year terms expiring July 1, 1986. Recommendation: Council action. Action: Motion to appoint Authority members. 24. Interlocal Aareement Between the City and Palm Beach County Two Cent County Gasoline Tax. Consider authorizing execu- tion of Interlocal Agreement relative to Two Cent County Gasoline Tax in Palm Beach County. This item was postponed at the June 28th meeting until after the Metropolitan Plan- ning Organization meeting on July 7th. Recommendation: Council action. Action: Motion to authorize execution of agreement. 25. EMS Service to Gulfstream. Consider approving and authoriz- ing execution of agreement between the City and the Town of Gulfstream relative to providing Emergency Medical Services. Recommendation: City Attorney recommends approval. Action: Motion to authorize execution of agreement. * 26. Amendment No.1 to the Refuse Contract. Consider approving and authorizing execution of Amendment No. 1 to the Refuse Contract between the City and Waste Management changing service for Woodlake and Spanish Wells Subdivisions to rear door/side door service. Recommendation: City Attorney recommends approval. Action: Motion to approve and authorize execution of Amendment No.1. AGENDA 7-12-83 Page 3 * 27. Amendment No.2 to the Refuse Contract. Consider approving and authorizing execution of Amendment No. 2 to the Refuse Contract between the City and Waste Management permitting Waste Management to bill customers directly for Type E mechanical container service. Recommendation: City Attorney recommends approval. Action: Motion to approve and authorize execution of Amendment No.2. * 28. Lease of Public Works Complex. Consider approving and au- thorizing execution of lease between the City and Waste Management for a portion of the Public Works Complex. Recommendation: Council action. Action: Motion to authorize execution of lease. * 29. Barwick Park Grant Aoolication. Consider offer of $75,509 from the Department of Natural Resources for the develop- ment of Barwick Park. Recommendation: Parks & Recreation Director recommends approval. Action: A. Motion to accept grant offer. B. Motion to reject grant offer. * 30. Invoice for Architectural Services - City Hall. Consider request from Kenneth Rubsamen for additional architectural services in the amount of $1,900 for changes where certain offices were modified, with funds to come from the City Hall Construction Account. Recommendation: Public Works Director/City Engineer rec- ommends approval. Action: Motion to approve the invoice. * 31. Follow-u~ Studv of Beach Maintenance Renourishment Pro;ect. Consider authorizing a 60-month follow-up study of the 1978 beach renourishment project by Arthur V. Strock & Associ- ates, Inc. in the amount of $23,400, with funds to come from the Erosion Control Fund. 75% of the cost will be re- imbursed by the Department of Natural Resources. This is a regular annual study re~uired by our State permit. Recommendation: Director of Public Works/City Engineer recommends approval. Action: Motion to authorize fOllow-up study. * 32. Prooosed Boat Dock Extension - Michael Baldassare. authorizing modification in Section 9-531(b) of the Ordinances to extend the boat dock an additional 12 245 Palm Trail. Consider Code of feet at Recommendation: Director of Public Works/City Engineer recommends approval. Action: Motion to authorize modification of Code of Ordi- nances. * 33. Fence Reoairs and New Fence Work. Consider award of a con- tract for fence repairs to the low bidder, Southern Fence Company, with funds to come from the 1983-84 operating budgets of various departments. City-wide costs for repairs and new fence work amounted to approximately $30,000 last year. Recommendation: Finance Director recommends approval. Action: Motion to award contract. AGENDA 7-12-83 Page 4 34. Housekeepina Funds - Neiahborhood Strateay Area. Consider NSA's request for housekeeping funds (annual amount and specific line items). Recommendation: Council Member Perry recommends approval. Action: Motion to approve request * 35. Reduction of Retainaae - Force Main 50. Consider authoriz- ing reducing retainage from 5% ($33,786.90) to 1% which retains $6,757.38. This will authorize payment in the amount of $27,029.52 to H & H Engineering, Inc. Recommendation: Public Utilities Director recommends ap proval. Action: Motion to authorize reduction of retainage and payment of $27,029.52 to H & H Engineering, Inc. * 36. Prioritv Lists for Road Widenings. Resolution No. 71-83 requests the Palm Beach County Board of Commissioners and the Metropolitan Planning Organization modify their priority lists for road widening to make widening of Congress Avenue higher on the priority list than the widening of Lake Ida Road. Recommendation: Vice-Mayor Jackel recommends approval. Action: Motion to adopt the Resolution. * 37. Ordinance No. 50-83 - Establishing Special Activities District - Professional Office Plaza for Acquilano. First Reading amending Ordinance No. 15-81 relative to establish- ing SAD (Special Activities District) for property located on the west side of U. S. No. 1 between Linton Boulevard and S. E. 10th Street. Recommendation: Planning & Zoning Board approved 5-0. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing July 26th. * 38. Ordinance No. 51-83 - Zonina Ordinance Amendment - Modi- fication of Ap~roved Site and Development Plan. First Reading amending Chapter 30 "Zoning" of the Code of Ordi- nances that any decision of the Planning & Zoning Board shall be appealable to the City Council. Recommendation: City Attorney recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing July 26th. 39. Presentation of Budget for Fiscal Year 1983-84 - Dave Huddleston. AGENDA 7-12-83 Page 5