01-26-82 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
January 26, 1982
AGE N D A
1. Opening Prayer.
2. Pledge of Allegiance to the flag of the united States of America.
3. Approval of minutes of regular meeting of January 12, 1982.
4. Presentation of items by Council Members.
5. Recognition of public requests from the floor.
6. a. Items added to the agenda by the City Manager.
b. CONSENT AGENDA
(1) Appointment of Clerks and Inspectors for the upcoming
election. (Approval is recommended.)
(2) Consider authorizing construction of a five-foot wide
concrete sidewalk along State Road AlA, extending from
the existing sidewalk at the north end of the beach, north
to the City limits at Pelican Lane. (Approval is recom-
mended. )
(3) Consider appointing a committee to rename the City Park:
(Approval is recommended.)
(4) Consider appointing a committee to study garbage and
trash collection rates. (Approval is recommended.)
(5) Consider authorizing execution of contract between the
City and the International Association of Firefighters,
Local 1842. (Approval is recommended.)
(6) Consider approval of the Delray Affair.
recommended. )
(Approval is
(7) Consider request for water and sewer service outside the
City -- ~dward J. and Helenann Conto, applicants). (Ap-
proval is recommended.)
(8) Consider adoption of Resolution No. 5-82 requesting fund-
ing from the Department of Natural Resources for FY
1980-81 sand search, vegetation, beach and reef monitor-
ing project. (Approval is recommended.)
(9) Consider adoption of Resolution No. 6-82 relative to
awarding a contract for the construction of a con-
cession building at Miller Park. (Approval is recom-
mended. )
(10) Consider adoption of Resolution No. 7-82 relative to
awarding a contract for widening of paving and removal
of sidewalk on the north side of East Atlantic Avenue
between N. E. 5th Avenue and N. E. 6th Avenue. (Ap-
proval is recommenced.)
(11) Report from the Planning & Zoning Board relative to
zon~ng ordinance amendments - dwelling unit storage.
(Approval is recommended.)
(13)
Report from the Planning & Zoning Board relative to
site and development plan approval -- Waterway North
II. (Approval is recommended.)
Report from the planning & Zoning Board relative to
street and alley abandonment -- Block A, Ridgewood
Heights. (Approval is recommended.)
6. b. (12)
REGULAR AGENDA
7. Petitions and Communications
None.
8. Resolutions and Ordinances
a. Second and FINAL Reading of Ordinance No. 88-81 relative to
annexation -- Southeast corner of S. W. lOth Street and
S. W. 7th Avenue (South Atlantic Conference Association of
Seventh Day Adventists, Inc., applicant).
b. Second and FINAL Reading of Ordinance No. 89-81 relative to
rezoning, conditional use and site and development plan
request -- Southeast corner of S. W. 10th Street and S. W.
7th Avenue (South Atlantic Conference Association of Seventh
Day Adventists, Inc., applicant).
c. Second and FINAL Reading of Ordinance No. 2-82 providing for
Charter Changes relative to elections.
d. Second and FINAL Reading of Ordinance No. 3-82 relative to
storage buildings.
e. First Reading of Ordinance No. 5-82 relative to park and
recreation. land dedication.
f. First Reading of Ordinance No. 6-82 relative to park and
recreation land dedication.
g. First Reading of Ordinance No. 7-82 relative to reducing the
number of physicians on the medical board for the Police and
Firefighters Retirement System.
h. First Reading of Ordinance No. 8-82 relative to limiting the
use of warehouses.
i. First Reading of Ordinance No. 9-82 relative to storage/
utility sheds.
j.. First Reading of Ordinance No. 10-82, amending Ordinance No.
16-79 to provide for approval of a modification for the gas
station at Old Harbor.
9 . Reports
None.
AGENDA 1-26-82
Page 2
PREFACE
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CONSENT AGENDA
6. b.
!
(1) In compliance with requirements set forth in Chapter 2
of the City's Code of Ordinances, Council should appoint
Clerks and Inspectors to conduct the upcoming election.
It is recommended that the list of possible. appointees
shown on the enclosed sheet, from which sufficient
numbers of Clerks and Inspectors will be selected by the
City Clerk, be approved by Council.
(2) As discussed at the January 19th workshop meeting,
Council is to consider authorizing construction of a
five-foot wide concrete sidewalk along State Road AlA,
extending from the existing sidewalk at the north end of
the beach, north to the City limits at Pelican Lane,
with financing to come from the Florida Power & Light
Fund excess reserve.
Approval is recommended.
(3) As discussed at the workshop meeting on January 19th,
Council is to consider appointing a committee to re-
name the City Park, located at 801 N. E. 1st Street.
Approval is recommended.
(4) As discussed at the January 19th workshop meeting,
Council is to consider the appointment of a committee
to study garbage and trash collection rates.
Approval is recommended.
(5) As discussed at the workshop meeting on January 19th,
Council is to consider authorizing execution of a
contract between the City and the International Associ-
ation of Firefighters, Local 1842, ending September
1982.
Approval is recommended.
(6) It is recommended that Council approve, by motion, the
1982 Delray Affair for April 16th through April 18, 1982
inclusive, as requested by the Delray Affair Committee.
(7) The City is in receipt of an application from Edward J.
and Helenann Conto for City water and sewer service to
serve 1/2 acre % at 1000 Palm Trail Drive, which is out-
side the City. The present use of the property is multi-
family townhouses and the proposed use is the same.
It is recommended that Council approve execution of the
City's standard water service/annexation agreement which
will permit the City to provide the requested water
service to the applicants.
This property is not eligible for annexation at this time.
(8) Resolution No. 5-82 requesting funding from the Depart-
ment of Natural Resources for FY 1980-81 sand search,
vegetation, beach and reef monitoring project has been
prepared for Council consideration at the meeting on
Tuesday night.
The City entered into an agreement with the State of
Florida for reimbursement of 75% of the non-federal
share of construction costs, biological monitoring and
revegetation which amounts to $49,848 and 100% of the
sand search which amounts to $17,143 for a total of
$66,991.
PREFACE 1-26-82
Page 1
6. b. (8) It is recommended that Resolution No. 5-82 be adopted
in order for these funds to be requested from DNR.
(9) The following bids have been received for the construc-
tion of a concession building at Miller Park:
Bidder
Quotation
James Bushouse & Associates
Pompano Beach
$43,620
Peter Ince, Contractor
Delray Beach
45,980
J. P. Strode & Associates, Inc.
Boca Raton
47,173
E.B.I., Inc.
Pompano Beach
48,118
It is recommended that the contract be awarded to the
low bidder, James Bushouse & Associates in the amount
of $43,620 by adoption of Resolution No. 6-82 with
funding to come from the Florida Power & Light Fund
excess reserve.
This was discussed at the January 19th workshop meeting.
(10) Only one bid was received for the widening of paving and
removal of sidewalk on the north side of East Atlantic
Avenue between N. E. 5th Avenue and N. E. 4th Avenue to
provide additional area for parking in conjunction with
upgrading traffic control in this area.
.
It is recommended that the contract be awarded to the
only bidder, Hardrives of Delray, Inc. in the amount of
$10,475 by adoption of Resolution No. 7-82 with funding
to come from the Florida Power & Light Fund excess
reserve.
(11) The Planning & Zoning Board at a meeting held on January
18th, recommended by unanimous vote that the zoning ordi-
nance be amended relative to dwelling unit storage.
It is recommended that Council instruct the City Attorney
to prepare an ordinance effecting the amendment.
(12) The Planning & Zoning Board at a meeting held on January
18th, recommended by a vote of 4 to 0 (Simon abstaining)
that the site and development plan for Waterway North II,
located on the north side of N. E. 8th Street, between
the Intracoastal Waterway and Andrews Avenue be approved,
subject to:
a) City Engineer's memorandum of January 15th (copy
attached) .
b) Assistant Director of Public Utilities' memorandum
of January 6th (copy attached) .
c) That the developer pay to the City, a sum of money
to be determined by the proposed "Park and Recre-
ation Land Dedication" ordinance, when adopted by
City Council.
d) A time limitation of 18 months be set for develop-
ment of the project.
Approval is recommended.
(13) The Planning & Zoning Board at a meeting held on
November 24, 1981, recommended by a vote of 5 to 1
(Christensen dissenting) that the abandonment of that
portion of S. W. 6th Avenue lying adjacent to Block A,
Ridgewood Heights, and also the 12-foot north-south
PREFACE 1-26-82
Page 2
6. b. (13) and east-west alley lying within Block A, Ridgewood
Heights be abandoned, subject to annexation into the
City.
Council action on the Planning & Zoning Board's recom-
mendation was postponed until a certificate from an
attorney or a title company, certifying that the
reversionary interests to that portion of S. W. 6th
Avenue which is to be abandoned are vested in the
current fee simple title holders. Such certificate
has now been received.
It is recommended that the street and alley be abandon-
ed.
REGULAR AGENDA
8. a. Ordinance No. 88-81 relative to annexing a 4.3-acre parcel
of land located at the southeast corner of S. W. lOth Street
and S. W. 7th Avenue, subject to SAD (Special Activities)
District has been prepared for Council consideration on Second
and FINAL Reading at the meeting Tuesday night. This ordi-
nance was passed on First Reading at the December 15, 1981
meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Tuesday night's meeting in order that any interested
parties may be heard.
b~ Ordinance No. 89-81 relative to rezoning and placing land
zoned RH (Residential Multiple Family) (High Density) to SAD
(Special Activities) District, and conditional use and site
and development plan request to allow 40 multiple family
dwelling units, Pine Forest, located at the southeast corner
of S. W. 10th Street and S. W. 7th Avenue, has been prepared
for Council consideration on Second and FINAL Reading at the
meeting Tuesday night. This ordinance was passed on First
Reading at the December 15, 1981 meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Tuesday night's meeting in order that any interested
parties may be heard.
c. Ordinance No. 2-82 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will provide for Charter
changes to Article V "Elections" relative to elections.
This ordinance was passed on First Reading at the January
12th meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Tuesday night's meeting in order that any interested
parties may be heard.
d. Ordinance No. 3-82 amending Chapter 30 "Zoning" of the Code
of Ordinances relative to storage buildings has been prepared
for Council consideration on Second and FINAL Reading at the
meeting Tuesday night. This ordinance was passed on First
Reading at the January 12th meeting.
Prior to consi~eration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Tuesday night's meeting in order that any interested
parties may be heard.
e. Ordinance No. 5-82, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to dedication of park and recreation
land or an in-lieu payment by developers of multi-family
planned residential developments, hotels, motels, resort
PREFACE 1-26-82
Page 3
.
.
8. e. dwelling units and single family units has been prepared
for Council consideration on First Reading at the meeting
Tuesday night.
This was discussed at the workshop meeting on January 19th.
f. Ordinance No. 6-82, amending Chapter 24 "Subdivisions" of the
Code of Ordinances relative to dedication of park and recre-
ation land or an in-lieu payment by developers of single
family units, multiple family units, planned residential units,
hotels and motels and resort dwelling units and reservation
of land for school sites has been prepared for Council con-
sideration on First Reading at the meeting Tuesday night.
This was discussed at the January 19th workshop meeting.
g. First Reading of Ordinance No. 7-82, amending Chapter 18
"Pensions and Retirement" of the Code of Ordinances relative
to changing the required composition of the medical board
for the Police and Firefighters Retirement System from the
current three physicians to one physician has.:been prepared
for Council consideration on First Reading at the meeting
Tuesday night.
This was discussed at the workshop meeting on January 19th.
h. Ordinance No. 8-82, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to limiting the use of warehouses has
been prepared for Council consideration on First Reading at
the meeting Tuesday night.
Council, at the January 19th workshop meeting, instructed
the City Attorney to prepare the ordinance.
i. Ordinance No. 9-82, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to storage/utility sheds has been
prepared for Council consideration on First Reading at Tuesday
night's meeting.
Council, at the workshop meeting on January 19th, instructed
the City Attorney to prepare the ordinance.
j. Ordinance No. 10-82, amending Ordinance No. 16-79 to provide
for approval of a modification for the gas station at Old
Harbor has been prepared for Council consideration on First
Reading at the meeting Tuesday night.
Council, at the special meeting on January 19th, instructed
the City Attorney to prepare the ordinance.
PREFACE 1-26-82
Page 4