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07-27-82 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL July 27, 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 verbat~m record ~f the proceedings is made, which record includes the testimony and ev~dence upon which the appeal is to be based. The City does not prepare or provide such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of minutes of Regular Meeting of July 13, 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. Discussion of 1982-83 Budget. EARLY CONSIDERATION * 8. Street and Easement Abandonment - Portion of S. W. 25th Avenue, S. W. 26th Avenue, S. W. 1st Street and S. W. 2nd Street. Resolution No. 67-82 abandons street and easement located north of Atlantic Avenue, between High Point and the E-4 Canal, subject to listed conditions. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to approve abandonment. * 9. Conditional Use Approval - Temple Sinai of Palm Beach County. Consider request for conditional use in a R-IAAA (Single Family Dwelling) District, located north of Atlantic Avenue between High Point and the E-4 Canal to allow a church, subject to listed con- ditions. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to approve conditional use request. PUBLIC HEARINGS 10. Ordinance No. 42-82 - Devens Annexation. Second Reading and PUBLIC HEARING relative to annexing a parcel of land located south of N. W. 22nd Street between N. W. 4th Avenue and N. W. 3rd Avenue, subject to R-IAA (Single Family Dwelling) District (Henry F. and Elizabeth C. Devens). Recommendation: Planning Director recommends approval. Action: Motion to adopt the Ordinance on Second Reading. 11. Ordinance No. 43-82 - Zoning Ordinance Amendment - Storage Build- ings. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances relative to storage buildings for merchandise. Recommendation: Action: Motion Planning & Zoning Board approved 7-0. to adopt the Ordinance on Second Reading. 12. Ordinance No. 44-82 - Zoning Ordinance Amendment - Warehouses. Second Reading and PUBLI~JHEARING amending Chapter 30 "Zoning" of the Code of Ordinances relative to warehouses for storage of merchandise. * 13. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to adopt the Ordinance on Second Reading. Ordinance No. 45-82 - Amending Code - Signs and Billboards. Second Reading and PUBLIC HEARING amending Chapter 9 "Buildings and Con- struction" of the Code of Ordinances relative to signs on corner locations in SAD (Special Activities District). Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to adopt the Ordinance on Second Reading. 14. Ordinance No. 46-82 - Amending Code - Municipal Departments Enumerated. Second Reading and PUBLIC HEARING amending Chapter 2 "Administration" of the Code of Ordinances relative to enumerating municipal departments. *15. * 16. Recommendation: City Manager recommends approval. Action: Motion to adopt the Ordinance on Second Reading. CONSENT AGENDA Sewer Repairs - Hamlet (Foxpointe). Consider Change Order No. 1 increasing the contract price by Lyons & Martin Construction in the amount of $1,500 for a total net contract price of $12,000. This change order is for replacement of Manhole 2B. Recommendation: Acting Public proval. to approve the Utilities Director recommends ap- Action: Motion change order. Developers Utility Service Agreement - Villas of Rainberry Lake (Phase IV-B). Consider approval of agreement between the City and Centex Homes of Florida, Inc. for sewer service to Villas of Rain- berry Lake (Phase IV-B), located west of Congress Avenue on the north side of Lake Ida Road, approximately 1350 feet west of the intersection. $2,200 ($100 x 22 living unit~ will be paid to the City at a time spelled out in the agreement. Recommendation: Acting Public Utilities Director recommends ap- proval. to approve and authorize execution of agreement. Action: Motion 17. Purchase of Property. Consider purchase of property from Namil Corporation located on the westerly side of Homewood Boulevard in the amount of $157,730, with funding to come from Florida Power & Light excess funds. * 18. Recommendation: Action:. Motion City Manager and City Attorney recommend approval. to authorize purchase of property. Homewo~d Boulevard Realignment Project. Resolution No. 62-82 author~zes the award of a contract to accomplish the Homewood ~oulevard realignment project to the low bidder, Hardrives, Inc. ~n the amount of $69,550.50, with funds from the Florida Power & Light excess reserve. Recommendation: City Engineer recommends Action: Motion to adopt the Resolution. approval. AGENDA 7-27-82 Page 2 *19. Reduction of Retainage - Force Main 50. Consider reducing the retainage from H & H Engineering, Inc., contractor for the con- struction of Force Main 50 from 10% to 5% since the project is more than 85% completed. The balance due H & H Engineering, Inc. by reducing the retainage is $28,538.79. Recommendation: Action: Motion Acting Public Utilities Director recommends proval. to reduce retainage from 10% to 5%. ap- *20. Levy of Tax by Palm Beach County for Road and Bridge Purposes. Recommendation: City Manager and City Attorney recommend ap- proval. Action: Motion to authorize the City Manager and City Attorney to begin inquiry into County road and bridge tax funding. *21. Street Abandonment - Part of Avenue J and Frederick Boulevard. Resolution No. 66-82 abandons part of Avenue J and Frederick Boulevard, Del Raton Park. Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to adopt the Resolution. * 22. Public Works Complex Project (Complete Lubrication System and Five Truck Lifts - City Garage). Resolution No. 68-82 authorizes awarding the contract for the complete lubrication system and five truck lifts at the City Garage to Glasgow Construction service, Inc., the low bidder, in the amount of $73,608.00, with funding from the Utility Tax Bond Issue 1980. Recommendation: Action: Motion City Manager and Acting Public Works Director recommend approval. to adopt the Resolution. * 23. Sanitary Sewer Main - S. W. 5th Avenue. Resolution No. 69-82 authorizes awarding the contract for the installation of an 8" sewer main to serve Lots 1, 3, 5 and 7 of Sunnyside Park Sub- division to Southern Pipeline, Inc., the low bidder, in the amount of $5,447.56, with funding from the 1981-82 budget (revised). Recommendation: Action: Motion Acting Public Utilities proval. to adopt the Resolution. Director recommends ap- * 24. Circuit Court Judge. Resolution No. 70-82 expresses the City Council's support for the appointment of one Circuit Court Judge to be assigned to the South County Courthouse and seeks increased authority and responsibilities for the offices of the Clerks of the Circuit and County Courts. Recommendation: Action: Motion City Manager and City Attorney recommend ap- proval. to adopt the Resolution. * 25. Dual Taxation. Resolution No. 71-82 provides relief from taxes unlawfully levied upon property situate within the City to finance services rendered specifically for the benefit of the property or residents of unincorporated areas of Palm Beach County. Recommendation: Action: Motion City Manager and City Attorney proval. to adopt the Resolution. recommend ap- AGENDA 7-27-82 Page 3 REGULAR AGENDA * 26. Gasoline Station - Old Harbor Plaza, Ltd. Consider intent of Ordi- nance No. 10-82 relative to gasoline station located at Old Harbor Plaza. Recommendation: Council action. Action: Consideration of intent of Ordinance No. 10-82. * 27. Appointment - Planning & Zoning Board. Consider appointment of a member to the Planning & Zoning Board to the unexpired term of Michael Christensen, ending September 28, 1984. Recommendation: Council action. Action: Motion to appoint Board member. * 28. Neighborhood Strategy Area Review Committee. Recommendation: Council action. Action: a. Motion to reconsider. b. Motion to appoint members of the Committee. 29. Traffic Signal Agreements between the City and Palm Beach County. Consider approval of traffic signal agreements between the City and Palm Beach County regarding the intersections located at: a. Lake Ida Road and Barwick Road. b. Linton Boulevard and AlA. c. East Atlantic Avenue and 7th Avenue. d. Linton Boulevard and Homewood Boulevard. Recommendation: Council action. Action: Motion to authorize execution of agreements. * 30. Ordinance No. 47-82 - Zoning Ordinance Amendment _ Scrap Metal Recycling. First Reading, amending Chapter 30 "Zoning" of the Code of Ordinances to allow scrap metal recycling in the LI (Light Industrial) District. Recommendation: Action: Motion Note: Planning & Zoning Board approved 7-0. to pass the Ordinance on First Reading. If passed, public hearing August 10th. * 31. Ordinance No. 48-82 - Zoning Ordinance Amendment _ Commercial Zon- ing Districts. First Reading, amending Chapter 30 "Zoning" of the Code of Ordinances to require that all commercial developments be subject to site and development plan approval. Recommendation: Action: Motion Note:- Planning & Zoning Board approved 7-0. to pass the Ordinance on First Reading. If passed, public hearing August 10th. * 32. Ordinance No. 49-82 - Amending Ordinance No. 45-79. First Reading to set forth a new list of conditional uses and to include a new site plan for Congress Square, located south of Atlantic Avenue, between Congress Avenue and the E-4 Canal. Recommendation: Action: Motion Note: Planning & Zoning Board approved 7-0. to pass the Ordinance on First Reading. If passed, public hearing August 10th. * 33. Ordinance No. 50-82 - Amending Code - Anchoring and Mooring. First Reading, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to anchoring and mooring outside the main channel of the Intracoastal Waterway. Recommendation: Motion Note: City Manager and City Attorney recommend ap- proval. to adopt the Ordinance on First Reading. If passed, public hearing August 10th. Action: AGENDA 7-27-82 Page 4