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11-22-83 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL November 22, 1983 AGENDA Council Chambers 7:00 p.m.. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of minutes of Regular Meeting of November 8, 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. 75~83 - Amending Code - Nuisances on Prooertv. 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. 8. Ordinance No. 82-83 - Amending Charter - Assuming Office. Second Reading and PUBLIC HEARING amending the Charter, Article III, "Legislative", Section 3.01, relative to cnang- ing date when the Mayor and Council Members assume office. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 9. Ordinance No. 83-83 - Amendina Charter - Oualifying Periods. Second Reading and PUBLIC HEARING amending the Charter, Article II;, "Legislative", Section 3.03, relative to qualifying periods. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. 84-83 - Amending Charter - Filling Vacancies. Second Reading and PUBLIC HEARING amending the Charter, Article III, "Legislative", Section 3.06, relative to filling of vacancies. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 11. Ordinance No. 85-83 - Amending Code - Filina Dates. Second Reading and PUBLIC HEARING amending Chapter 2 "Administra- tion" of the Code of Ordinances relative to filing dates. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. CONSENT AGENDA 12. Canopy for American Cancer Societv Benefit. Consider re- quest to erect a 40x40 canopy for the American Cancer Society Benefit at the Security Vault, Old Harbour Plaza on December 2nd from 6 p.m. to 9 p.m. Recommendation: Director of Development and Inspection/ CBO and Fire Marshall recommend approval. Action: Motion to approve. * 13. Sgecial Deputization of Code Compliance Personnel. Consider approving and authorizing execution of indemnity agreement between the City and Palm Beach County Sheriff's Department regarding special deputization of Code Compliance Personnel. Council, at the August 23rd meeting, authorized execution of the indemnity agreement for the Animal Control Officer. The Code Compliance Personnel have also been deputized. Recommendation: City Manager and City Attorney recommend approval. Action: Motion to authorize execution of the additional indemnity agreement. * 14. Nuisance Abatement. Resolution No. 104-83 assesses costs of abating nuisances on three properties in accordance with Sections 13-12 and 13-13 of the Code. Recommendation: City Clerk recommends approval. Action: Motion to adopt the Resolution. * 15. Fundina for Beach Renourishment Projects. Resolution No. 105-83 requests reimbursement in the amount of $13,639.83 from the Department of Natural Resources for the fiscal year 1980-81 sand search, vegetation, beach and reef monitoring project. Recommendation: City Manager and Director of Public Works/ City Engineer recommend approval. Action: Motion to adopt the Resolution. * 16. Sanitary Sewers and Water Utilities. Resolution No. 106-83 accepts sanitary sewers and water utilities as operational as recorded in the plat of Lake Ray (AKA Laver's Delray Racquet Club) . Recommendation: Director of Public Works/City Engineer recommends approval. Action: Motion to adopt the Resolution. 17. Final Payment - Force Main 50. Consider authorizing final payment for Force Main 50 in the amount of $4,000 to H & H Engineering, with funds to come from the Water and Sewer Construction Account. Recommendation: Public utilities Director recommends ap- proval. Action: Motion to authorize final payment. 18. F.E.C. Railroad Leases. Consider authorizing execution of lease between the City and the F.E.C. Railroad. Recommendation: Council action. Action: Motion to authorize execution of lease. AGENDA 11-22-83 Page 2 REGULAR AGENDA * 19. Conditional Use Approval - O. C. Taylor Motors. Consider request for conditional use to allow an automobile sales and display lot. The property is located north of N. E. 4th Street, between N. E. 5th Avenue and the F.E.C. Railroad. Recommendation: Planning & Zoning Board voted four to three (Bridges, Horenburger and Simon dissenting) to recommend approval, sub- ject to the conditions stated in the at- tached memorandum. Action: Motion to approve conditional use. * 20. Disoosal Rate Reduction. Consider the Solid Waste Authori- ty's disposal rate reduction. Recommendation: Council action. 21. Aooointment - Community Appearance Board. ment of Joel Barham as an alternate member Appearance Board to a term ending March 8, Consider appoint- of the Community 1984. Recommendation: Council action. Action: Motion to appoint Board member. 22. A090intment - Delray Beach Housing Authority Consider ap- pointment of John W. Thomas, Jr. as a member of the Delray Beach Housing Authority to a term ending October 27, 1987. Recommendation: Council action. Action: Motion to appoint Authority member. * 23. Buy Back Time - Police and Firefighters Retirement System. Recommendation: Council action. * 24. Lease Relative to Richard Block Progerty. Consider authori- zation to execute lease for use of the Richard Block property .adjacent to the golf course. Execution of the lease will allow the City to use the property prior to receipt of title. Recommendation: City Manager and Director of Public Works/ City Engineer recommend approval. Action: Motion to authorize execution of lease 25. Chanae Orders - City Hall Additions and Alterations. Con- sider approval of final change orders for City Hall projects and authorization for final payment to Cox and Palmer. Back up material will be delivered before the meeting Tuesday night. Recommendation: City Hall Building Committee recommends approval. Action: Motion to approve change orders and authorize final payment. * 26. Storm Sewer - N. W. 1st Street and Conaress Avenue. Consider award of a contract to Underground Industries, Inc. in the amount of $20,850 for a storm sewer at N. W. 1st Street and Congress Avenue. Recommendation: City Manager and Director of Public Works/ City Engineer recommend approval. Action: Motion to award contract. AGENDA 11-22-83 Page 3 * 27. Ordinance No. 87~83 - Dennison Annexation. First Reading relative to annexing a 0.32-acre lot, subject to R-1AA (Single Familly Dwelling) District, located at the south- east corner of N. w. 7th Street and N. W. 5th Avenue. Recommendation: Planning Director recommends approval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing January 10, 1984. 28. Water Service Outside City. Consider approval of Assignment of Agreement for water service outside the City limits from Michael C. and Linda Posner to Military Trail Investors, Ltd. Recommendation: City Attorney and Public Utilities Di- rector recommend approval. Action: Motion to approve. AGENDA 11-22-83 Page 4