09-14-82 Regular
THE CITY OF DELRAY BEACH
REGULAR MEETING - CITY COUNCIL
September 14, 1982
7:00 p.m.
AGENDA
Council Chambers
NOTICE: If a~y person decides to appeal any decision of the City
Counc~l at th~s meet~ng, 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 or
provide such record.
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Approval of minutes of Regular Meeting of August 24, 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.
BUDGET CONSIDERATION
7.
PUBLIC HEARING regarding establishing the City's tentative millage
for the 1982-83 fiscal year.
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Tentatively levy a tax rate. Resolution No. 90-82 tentatively
levies a tax on all properties within the City.
Recommendation:
Action:
Motion
City Manager and Finance
proval.
to adopt the Resolution.
Director recommend ap-
8. PUBLIC HEARING on the 1982-83 tentative budget.
PUBLIC HEARING on the Federal Revenue Sharing.
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Tentatively making appropriations for the 1982-83 budget. Resolution
No. 91-82 makes tentative appropriations of sums of money for all
necessary expenditures of the City for the period from October 1, 1982
to September 30, 1983.
Recommendation:
Action:
Motion
City Manager and Finance Director recommend ap-
proval.
to adopt the Resolution.
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9.
Ordinance No. 69-82 - Levying a Tax Rate. First Reading relative
to levying a tax on all properties within the City.
Recommendation: City Manager and Finance Director recommend ap-
proval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing September 28th.
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Ordinance No. 70-82 - Making Appropriations for the Budget. First
Reading relative to making appropriations of sums of money for all
necessary expenditures of the City from October 1, 1982 to
September 30, 1983.
Recommendation: City Manager and Finance Director recommend ap-
proval.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing September 28th.
PUBLIC HEARING
11. Ordinance No. 53-82 - Amending Code - Water and Sewers. Second Read-
ing and PUBLIC HEARING amending Chapter 29 "Water and Sewer" of the
Code of Ordinances to amend the definition of residential dwelling
units.
Recommendation: City Manager recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
12. Ordinance No. 54-82 - Amending Code - Water and Sewers. Second Read-
ing and PUBLIC HEARING amending Chapter 29 "Water and Sewer" of the
Code of Ordinances relative to water service rates based on certain
customer, capacity and commodity charges.
Recommendation: City Manager recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
13. Ordinance No. 55-82 - Amending Code - Water and Sewers. Second Read_
ing and PUBLIC HEARING amending Chapter 29 "Water and Sewer" of the
Code of Ordinances relative to rates and charges for sewage on certain
customer, capacity and commodity charges. Effective date, April 1,
1982 retroactively.
Recommendation: City Manager recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
14. Ordinance No. 56-82 - Amending Code - Dockage at City Marina. Second
Reading and PUBLIC HEARING amending Chapter 8 "Boats and Boating" of
the Code of Ordinances relative to rates and charges for dockage at
the City Marina.
Recommendation: City Manager recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
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Ordinance No. 57-82 - Amendinq Code - Utilities Tax. Second Read-
ing and PUBLIC HEARING amending Chapter 25 "Taxation" of the Code
of Ordinances relative to a 7.5 percent utilities tax. Effective
date January I, 1983.
Recommendation: City Manager recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
16. Ordinance No. 58-82 - Amending Code - Cemetery. Second Reading
and PUBLIC HEARING amending Chapter 10.5 "Cemeteries" of the Code
ar Ordinance~ relative to rates and charges.
Recommendation: City Manager recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
17. Ordinance No. 60-82 - Amending Code - Yard Service Trash Fee.
Second Reading and PUBLIC HEARING amending Chapter 12 "Garbage and
Trash" to repeal the provision exempting commerciaL landscaping or
lawn maintenance businesses from paying the disposal fee for trash
generated by their activities.
Recommendation: City Manager recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
AGENDA 9-14-82
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18. Ordinance No. 61-82 - Amending Code - Flood Insurance. Second Read-
ing and PUBLIC HEARING amending Chapter 9 "Buildings and Construc-
tion" of the Code of Ordinances by adopting the flood insurance
study and the flood insurance rate map revised and effective
September 30, 1982.
Recommendation: City Engineer recommends approval.
Action: Motion to adopt the Ordinance on Second Reading.
CONSENT AGENDA
19. 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 water and sewer service. $600
($62.50 for sewer and $37.50 for water = $100 x 6 units) will be
paid to the City at a time spelled out in the agreement.
Recommendation:
Action:
Motion
Acting Public Utilities Director recommends ap-
proval.
to approve and authorize execution of agreement.
20. Developers Utility Service Agreement - Lots 1, 2, 3, 4 Breezy
Acres. Consider approval of agreement between the City and Boca
Raton Yacht & Tennis Club, Inc. for sewer service to the south-
east corner of Markland Lane and West Atlantic Avenue. $2121.88
($625 x 3.395 acres) will be paid to the City at a time spelled
out in the agreement.
Recommendation:
Action:
Motion
Acting Public
proval.
to approve and
Utilities Director recommends ap-
authorize execution of agreement.
*' 21. Sewer Rate Changes
Highland Beach.
Recommendation: Council Action.
Action: Motion to inform Highland Beach of sewer rate changes to
be effective October 1, 1982 in accordance with contract.
22. Force Main 50. Consider Change Order No.1 increasing the contract
price by H&H Engineering, Inc. in the amount of $29,965.01 for a
total net contract price of $671,489.61. This change order involves
field changes required due to conflicts with existing utilities and
additional restoration. Funds to come from 1979 Water and Sewer Bond Issue.
Recommendation:
Action:
Motion
Acting Public
proval.
to approve the
Utilities Director recommends ap-
change order.
23. Removal of Electrical Fixtures and Outlets at City Marina. Consider
Change Order No. 1 increaSing the contract price by C. R. Dunn, Inc.
in the amount of $1,535 for a total price of $50,973 and materials
listed. This change order involves removal of existing outdated
electrical fixtures and outlets at the City Marina with funds to
come from the Florida Power & Light Excess Funds.
Recommendation: City Engineer recommends approval.
Action: Motion to approve the change order~
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24.
Contract between the City and International Association of Fire-
fighters.
Recommendation: City Manager recommends approval.
Action: Motion to approve and authorize execution of contract
from October 1, 1982 to September 30, 1983.
AGENDA 9-14-82
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Final Plat Approval - Dumar Plaza. Consider approval of final plat
for Dumar Plaza, located east of Federal Highway between Avenue H
and Avenue J, Del Raton Park.
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to approve final plat.
Approval of Construction of Seawall on Lot 349, Tropic Isle. Reso-
lution No. 92-82 approves construction of a seawall to halt erosion.
This approval is required prior to submission of application to the
U. S. Army Corps of Engineers
Recommendation: City Engineer recommends approval.
Action: Motion to adopt the Resolution.
Rezoning Request - Northeast corner of Congress Avenue and Atlantic
Avenue (Exxon Corporation, applicant). Resolution No. 93-82 requests
permission from the Palm Beach County Board of Commissioners to re-
zone land to be annexed from IL (Light Industrial) (County) to GC
(General Commercial) (City) .
Recommendation: Planning & Zoning Board approved 7-0.
Action: Motion to adopt the Resolution.
Nuisance Abatement. Resolution No. 94-82 assesses costs for abating
nuisances in accordance with Sections 13-12 and 13-13 on two parcels
located at 302-310 S. W. 5th Avenue.
Recommendation: City Clerk recommends approval.
Action: Motion to adopt the Resolution.
Replacement of Lift Station No. 8 Discharge Piping. Resolution No.
95-82 authorizes the award of a contract to furnish all labor,
material and equipment for the replac~ment of Lift Station No. 8
PVC discharge piping to the low bidder, United Steel Erectors in
the amount of $2,964, with funds to come from the Public Utilities
Sewer System Division of the 1981-82 Revised Budget.
Recommendation:
City Manager and Acting Public Utilities Director
recommend approval.
to adopt the Resolution.
Action:
Motion
,. 30. Manhole Replacement - Country Manors. Resolution No. 97-82 author-
izes the award of a contract for the replacement of a manhole in
Country Manors (Country Manors Boulevard and Sandpiper Circle) to
the low bidder, Lyons & Martin Construction Company, Inc. in the
amount of $2,750, with funds to come from the Public Utilities
Sewer System Division of the 1981-82 Revised Budget.
Recommendation:
City Manager and Acting Public Utilities Director
recommend approval.
to adopt the Resolution.
Action:
Motion
,. 31. Manhole Replacement - pines of Delray. Resolution No. 98-82 author-
izes the award of a contract for the replacement of a manhole in
pines of Delray (Silver Oak Terrace and S. W. 10th Court) to the
low bidder, Lyons & Martin Construction Company, Inc. in the amount
of $3,500, with funds to come from the Public Utilities Sewer System
Uivision of the 198L-82 Rev.ised Budget.
Recommendation:
Action:
Motion
City Manager and Acting
recommend approval.
to adopt the Resolution.
Public Utilities Director
REGULAR AGENDA
*' 3Z. Paving of S. W. 4th Avenue north of Southridge Boulevard. Request
financial participation from the City in the amount of approximately
$4,000 for paving S. W. 4th Avenue within the City limits from South-
ridge Boulevard north to the existing pavement.
Recommendation: Council Action.
Action: Consider financial participation.
AGENDA 9-14-82
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Retention of Outside Legal Counsel regarding Deborah A. Atkins vs
City of Delray Beach.
Recommendation: City Manager and City Attorney recommend approval.
Action: Motion to retain the firm of Seyfarth, Shaw, Fairweather
and Geraldson as co-counsel with the City Attorney's
office relative to conducting the defense of the Deborah
A. Atkins vs City of Delray Beach lawsuit.
Funding for Beach Erosion Control Project. Resolution No. 96-82
approves a Supplemental Intergovernmental Agreement between the City
and Palm Beach County for beach erosion control project funds.
Recommendation: Council Action.
Action: Motion to adopt the Resolution.
Ordinance No. 47-82 - Zoning Ordinance Amendment - Scrap Metal Re-
cycling. First Reading amending Chapter 30 "Zoning" of the Code of
Ordinances relative to scrap metal recycling.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing September 28th.
Ordinance No. 48-82 - Zoning Ordinance Amendment - Control over
Development of Commercial Zoning Districts. First Reading amending
Chapter 30 "Zoning" of the Code of Ordinances that all developments
whose total floor area exceeds 5,000 square feet shall be subject to
site and development plan approval.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing September 28th.
Ordinance No. 71-82 - Zoning Ordinance Amendment - Pawn Shops.
First Reading amending Chapter 30 "Zoning" of the Code of Ordi-
nances relative to pawn shops.
Recommendation: Planning & Zoning Board approved 4-1 (Wallin
dissenting) .
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing September 28th.
Ordinance No. 72-82 - Zoning Ordinance Amendment - Non-conforming
Uses of Structures and Land. First Reading amending Chapter 30
"Zoning" of the Code of Ordinances relative to exempting recre-
ational facilities of multiple family resort/residential develop-
ments from the restrictions which apply to non-conforming uses and
structures.
Recommendation: Planning & Zoning Board approved 7-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing September 28th.
Ordinance No. 73-82 - Weisman Annexation. First Reading relative
to annexing a parcel of land located north of West Atlantic Avenue
between Hamlet Drive if extended north and Homewood Boulevard if
extended north, subject to GC (General Commercial) zoning district
(Robert D. Weisman)_
Recommendation: Planning ~ Zoning Board approved 7-0.
Action: To pass the Ordinance on First Reading.
Note: If passed, Public Hearing October 12th.
Contract for Beach Cleaning Services. Consider ratification of
contract for beach cleaning services for demonstration period from
September 13th through September 28th with Universal Beach Services.
Recommendation: City Manager recommends approval.
Action: Motion to ratify contract.
AGENDA 9-14-82
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