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05-25-82 Regular THE CITY OF DEL RAY BEACH REGULAR MEETING - CITY COUNCIL May 25, 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 o~ provide such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of Minutes of Regular Meeting of May 11, 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. 7. Presentation by the Honorable Norman Gregory, Chairman, Palm Beach County Commission. CONSENT AGENDA * 8. Double Taxation Study. Approve and authorize execution of agree- ment with Kelton & Associates, Inc. to participate in a "second front" double taxation study with 14 Palm Beach County munici- palities. The cost for Delray Beach will be $9,480. Recommendation: City Manager recommends approval. Action: Motion to authorize execution of agreement. * 9. . Summer Youth Employment Program. Consider authorizing execution of agreement between the Urban League of Palm Beach County and the City relative to the Summer Youth Employment Program. Agree- ment is for 17 positions with no direct cost to the City. Recommendation: Action: Motion City Manager and City Attorney recommend ap- proval. to authorize execution of agreement. * 10. Nuisance Abatement. Resolution No. 48-82 assesses costs for abating nuisances in accordance with Sections 13-11, 13-12 and 13-13 on 4 parcels. (These nuisance abatements were undertaken under authority of our old ordinance.) Recommendation: City Clerk recommends approval. Action: Motion to adopt Resolution. * 11. * 12. * 13. * 14. * 15. * 16. * 17. Repairing and Improving Railroad Crossings. requests the Seaboard Coast Line Railroad to their railroad crossings, specifically those and S. W. lOth Street. Resolution No. 49-82 repair and improve at Atlantic Avenue Recommendation: City Manager and City proval. to adopt Resolution~ Attorney recommend ap- Action: Motion Contract for Public Works Complex Project (Drainage, Grading and Paving). Resolution No. 50-82 awards the contract to the low bidder, Companella Corporation in the amount of $194,570 with funds to come from the City's Bond issue of 1980. Recommendation: City Engineer recommends approval. Action: Motion to adopt Resolution. Conditional Use, Site and Development Plan Approval Extension -- Laver's North. Consider approval of conditional use, site and development plan extension for Laver's North, located south of Linton Boulevard between Lindell Boulevard and S. W. 4th Avenue, if extended south, for 18 months until December 5, 1983. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to approve extension. Conditional Use, Site and Development Plan Approval Extension -- Pelican Harbor Shoppes. Consider approval of conditional use, site and development plan extension for Pelican Harbor Shoppes, located at the northeast corner of Federal Highway and Tropic Isle Drive, for one year until June 23, 19B3. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to approve extension. Site and Development Plan Approval Extension -- Pelican Maisonettes. Consider approval of site and development plan for Pelican Maison- ettes, located north of Tropic Isle Drive, between Federal Highway and Florida Boulevard, if extended south, for one year until June 23, 1983. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to approve extension. Conditional Use, Site and Development Plan Approval - Munnings Duplex. Consider request for conditional use, site and develop- ment plan approval for Munnings Duplex to allow a multiple family project in a GC (General Commercial) district, located on the west side of N. W. 5th Avenue between N. W. 1st Street and N. W. 2nd Street, subject to listed conditions. Recommendation: Planning & Zoning Board approved 5 to 1 (Wallin dissenting). Action: Motion to approve conditional use, site and develop- ment plan. Conditional Use - Dumar Plaza (Formerly South Palm Professional Plaza). Consider request for conditional use approval for Dumar Plaza to allow a professional office development within a RM-10 (Multiple Family Dwelling) District, located east of Federal High- way, between Avenue "HII and Avenue "JII, subject to listed con- ditions. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to approve conditional use. AGENDA 5-25-82 Page 2 R'EGULAR AGENDA 18. Appointment - Board o~ Trustees, Police and Firefiqhters Retire- ment System. Appointment of a member to the Board of Trustees, Police and Firefighters Retirement System to a term ending April 22, 1985. The Board has submitted the name of Leon M. Weekes. Recommendation: Council Action. Action: Motion to appoint board member. 19. Payment to Namil Corporation. Recommendation: Council Action. Action: Motion to authorize payment of certain monies to Namil Corporation. 20. Settlement - Donald pierce vs City of Delray Beach, etc., et al. Consider offer of settlement relative to Donald Pierce vs City of Delray Beach, etc., et al in the amount of $4,000. Recommendation: City Manager and City Attorney recommend denial. Action: Motion to approve. 21. Agreement Extension - The pines of Delray West Association, Inc. Consider extension of agreement between the City and The Pines of Delray West Association, Inc. for maintenance of sprinkler pump and sprinkler system lines on the median strip of Homewood Boule- vard between Red Hibiscus Drive and Linton Boulevard and on the north side of Linton Boulevard street right-of-way between Home- .wood Boulevard and the L-34 Canal until September 30, 1983. Recommendation: City Manager recommends approval. Action: Motion to extend agreement until September 30, 1983. * 22. Rezoning, Conditional Use, Site and Development Plan Approval (SAD) - Medical Arts Building. Consider request to rezone a 0.69 acre parcel of land from RM-10 (Multiple Family Dwelling) District to SAD (Special Activities) District, and conditional use and site and development plan approval to allow a professional/ business office development, as denied by the Planning & Zoning Board. The Planning & Zoning Board, at its May 13th meeting, re- considered the permitted occupations/office uses in the RM-10 District and recommended that no change be made. Recommendation: Planning & Zoning Board recommends denial 4 to 0 (Simon and Campbell abstaining). Motion to approve. Action: * 23. Ordinance No. 37-82 - Rezoning, Conditional Use, Site and De- velopment Plan Approval - South County Drug Abuse Foundation. First Reading rezoning and placing a 0.67 acre parcel which is presently zoned R-1A (Single Family Dwelling) District in SAD (Special Activities). This parcel is located west of Swinton Avenue, between Southridge ~oad and Sterling Avenue. Recommendation: Action: Motion Note: Planning & Zoning Board approved 4 to 1 (Christensen dissenting). to pass the Ordinance on First Reading. If passed, Public Hearing June 8th. * 24. Ordinance No. 38-82 ~ Budget Amendment. Ordinance Nos. 66-81 and 80-81 and making appropriations for fiscal year 1981-82. First Reading repealing necessary budgetary' Action: Motion Note: City Manager and Finance Director recommend approval. to pass the Ordinance on First Reading. If passed, Public Hearing June 8th. Recommendation: AGENDA 5-25-82 Page 3 * 25. Ordinance No. 39-82 - Amend Code - Vehicular Signs. First Read- ing amending Chapter 9 "Building and Construction" relative to definition of vehicular signs to clarify the exclusions from the prohibition of vehicular signs. Recommendation: Action: Motion Note: City Attorney recommends approval. to pass the Ordinance on First Reading. If passed, Public Hearing June 8th. * 26. Beach Parking/Beach Erosion Control Project Funding. Consider constructing parking lot on City property on Ingraham Avenue. Recommendation: City Manager recommends approval. Action: a. Motion to direct the administration relative to the parking lot on Ingraham Avenue. b. Motion to authorize removal of existing building on property on Ingraham Avenue. 27. Appointments - Internal Audit Committee. Appointment of one regu- lar member to the .Internal Audit Committee to a term ending April 27, 1983 and one alternate member to a term ending April 27, 1984. Recommendation: Council Action. Action: Motion to appoint committee members. 28. Appointment - Community Development Advisory Board. Mrs. Durante. who has served as a member of the Board since September 1978, has requested that she be replaced. Recommendation: Council Action. Action: Motion to appoint board member. 29. Origin and Destination Study - N. E. 8th Street Bridge. Consider authorization to enter into an agreement with Kimley-Horn, traffic engineers, to conduct an origin/destination study for traffic using the N. E. 8th Street Bridge. Cost will be $4,000 with fund- ing to come from General Fund Contingency Account. Recommendation: City Engineer recommends approval. Action: Authorization to enter into an agreement with Kimley- Horn. AGENDA 5-25-82 Page 4 . . THE CITY OF DEL RAY BEACH REGULAR MEETING - CITY COUNCIL May 25, 1982 J.'. 7:00 p.m. ADDENDUM Council Chambers AI. County Special Exception Petition' No. 82-79. Consider Planning & Zoning Board's recommendation that a letter be sent to the County Planning'Commission objecting to this petition since it is in violation of the City's Land Use Plan. Recommendation: Planning & Zoning Board recommended denial 7 to O. - .-."--- \ _'/ t- Action: Motion to approve. - A2. County Rezoning And Special Exception Petition No. 82-88. Consi- der Planning & Zoning Board's recommendation that a letter be sent to the County Planning Commission objecting to this' petition since it is in violation of the City's Land Use Plan. Recommendation: Planning & Zoning Board recommended denial 7 to O. Action: Motion to approve. :JJ--c