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