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10-12-82 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL October 12, 1982 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 or provide such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of minutes of Regular Meeting of September 28, 1982 and Special Meetings of September 28, 1982 and October 2, 1982. 5. Comments and Inquiries on Non-Agenda Items: a. Citizens b. Counci 1 c. City Attorney d. City Manager 6. Agenda approval. Action: Motion to approve. PUBLIC HEARING 7. Ordinance No. 73-82 - Weisman Annexation. Second Reading and PUBLIC HEARING 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 Com- mercial) zoning district (Robert D. Weisman). Recommendation: Planning & Zoning Board approved 7-0. Action: Motion to adopt the Ordinance on Second Reading. CONSENT AGENDA * 8 . Revised Infiltration Investigation. Consider approval of revised infiltration flow investigation fee by Russell & Axon in the amount of $45,412.05. Infiltration investigation was previ- ously approved for a fee not to exceed $45,000. The overage represents less than 1% of the estimated fee. Recommendation: Action: Motion gation City Manager and Public Utilities Director recommend approval. to authorize the revised infiltration investi- fee. * 9 . Site and Development Plan Approval Extension - 222 Building. Consider a six month extension of site and development plan ap- proval for 222 Building, located south of Vista Del Mar between AlA and Andrews Avenue, to December 11, 1983. Recommendation: Planning & Zoning Board approved 5-0. Action: Motion to extend site and development plan approval. * 10. Conditional Use Approval Extension - Medical Office Building for Dr. Bercza. Consider a one year extension of conditional use ap- proval for Medical Office Building for Dr. Beroza, located at the northeast corner of N. E. 5th Street and N. E. 2nd Avenue to October 13, 1983. Recommendation: Planning & Zoning Board approved 6-0. Action: Motion to extend conditional use approval. * 11. Developers Utility Service Agreement - Centex Homes of Florida, Inc. Consider approval of agreement between the City and Centex Homes of Florida, Inc. for water and sewer service to Villas of Rainberry Lake (Phase IV-B). $500 ($62.50 per living unit for sewer and $37.50 per living unit for water = $100 per 5 living units) will be paid to the City at a time spelled out in the agreement. Recommendation: Action: Motion ment. Public Utilities Director recommends approval. to approve and authorize execution of agree- 12. Request for Solicitation of Funds - Amara Shrine Temple, A.A.O.N.M.S. Recommendation: City Clerk recommends approval. Action: Motion to approve solicitation of funds from October 18th through October 30, 1982. * 13. Delray Affair. Consider approval and endorsement of the Delray Affair to be held April 8, 9 and 10, 1983. Recommendation: Council action. Action: Motion to approve and endorse the Delray Affair. 14. Nowlin Land Dedication. Consider offer to donate a 0.23 acre tract of land, located south of S. W. 10th Street between Swinton Avenue and the F.E.C. Railroad. Recommendation: Council action. Action: Motion to instruct the City Attorney to accept offer. 15. Public Works Complex. Consider Change Order No.5 increasing the contract price by Sessoms-Grice Construction, Inc. in fue amount of $411.82 for a tota~ net contract price of $1,340,159.39. This change order covers additional ventilation of-the lube pits of Building No.2. Recommendation: Action: Motion City Manager and Deputy Director of Public Works recommend approval. to approve the change order. 16. Public Works Complex. Consider Change Order No.6 increasing the contract price by Sessoms-Grice Construction, Inc. in the amount of $287.19 for a total net contract price of $1,340,446.58. This change order covers additional air conditioning duct work in the Traffic Engineering area. Recommendation: Action: Motion City Manager and Deputy Director of Public Works recommend approval. to approve the change order. 17. Public Works Complex. Consider Change Order No.7 increasing the contract price by Sessoms-Grice Construction, Inc. in the amount of $2,077.57 for a total net contract price of $1,342,524.15. This change order provides a harder finish of paint on the walls and concrete floors of the cage portion of the Animal Shelter. Recommendation: Action: Motion City Manager and Deputy Director of Public Works recommend approval. to approve the change order. 18. Florida Consumers Federation Application. Consider approval of application of Florida Consumers Federation for charitable solici- tation to commence immediately and continue through the date of the general election on November 2, 1982; also to waive the time limitation in Sections 22-47 and 22-49, with the publication re- quired in Section 22-49 to be published as SOon as is practicable. Recommendation: Council action. Action: ~otion to approve application. AGS~DA lQ-~2-32 ?~ge = 19. Traffic Analysis Study - N. E. 8th Street. Consider retaining the firm of Kimley-Horn and ASsociates, Inc. to conduct a traffic analysis study relative to the N. E. 8th Street matter with fund- ing to come from the General Fund Contingency Account to a maximum of $4,000. Recommendation: Council action. Action: Motion to approve the traffic analysis study by Kimley- Horn and Associates, Inc. * 20. Pompey Park Swimming Pool. Consider Change Order increasing the contract price by AI-Mar Pump, Inc. in the amount of $3,200 for a total net contract price of $41,950. This change order covers installation of a 450-gallon surge tank in the pump room with funds to come from the General Fund Contingency Account. Recommendation: City Manager recommends approval. Action: Motion to approve the change order. 21. Tent Application. Consider request from Craig Steinhart, Happy Holiday Christmas Trees to erect a tent at the northwest corner of Linton Boulevard and U. S. No. 1 for the sale of Christmas trees from November 10th through December 31, 1982. Recommendation: Action: Motion City Manager recommends approval. to approve request. REGULAR AGENDA * 22. Rezonin Re uest - South of Germantown Road between Con ress Avenue and S. W. 22nd Avenue (Leo A. and Joan M. Blair, applic~nts). Resolution No. 105-82 requests permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to SAD (Special Activities District) (City) . Recommendation: Planning & Zoning Board approved 5-0. Action: Motion to adopt the Resolution. 23. Appointment _ one member to September 28, Planning & Zoning Board. Consider appointment of the Planning & Zoning Board to a term ending 1985. Recommendation: Council action. Action: Motion to appoint Board member. 24. Revised Authorization - Wells 7W Thru l4W and Raw Water Main. Con- sider approving and authorizing execution of revised authorization between the City and RU$sell & Axon to perform consulting services for wells 7w thru l4W and raw water main in the amount of $109,900 with funds to come from the 1982-83 Water and Sewer Fund budget. This authorization adds three additional wells to the five origi- nally discussed. Recommendation: Action: Motion City Manager and PUblic Utilities Director recommend approval. to authorize execution of revised authorization. * 25. Ratification of Sale of Surplus Property. An auction was held on September 28th at 2:30 p.m. for the sale of surplus City property. $17,653.01 was realized from the sale. Recommendation: City Manager recommends approval. Action: Motion to ratify sale of surplus property. AGENDA 10-12-82 Page 3 * * 27. * 28. * 29. * 30. * 31. 26. Ordinance No. 75-82 - Nocera Annexation. First Reading relative to annexing a parcel of land located on the west side of Germantown Road between S. W. 10th Street and S. W. 11th Street, subject to LI (Light Industrial) zoning district (Vincent and Geri C. Nocera, applicants) . Recommendation: Planning & Zoning Board approved 6-0. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing November 9th. Ordinance No. 76-82 - Zoning Ordinance Amendment ~ Educational Institutions in the CBO (Central Business District). First Reading amending Chapter 30 "Zoning" of the Code of Ordinances to allow educational institutions within the CBO as a conditional use. Recommendation: Planning & Zoning Board approved 5-0. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 26th. Ordinance No. 77-82 - Zoning Ordinance Amendment _ Non-Conforming Uses of Structures and Land. First Reading amending Chapter 30 "Zoning" of the Code of Ordinances exempting attendant recre- ational facilities of multiple family units and resort dwelling units from the restrictions which apply to non-conforming uses and structures. Recommendation: Planning & Zoning Board approved 5-0. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 26th. Ordinance No. 78-82 - Amending Code - Licenses. First Reading amending Chapter 15 "Licenses" of the Code of Ordinances to place a $150 cap on merchants' licenses. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 26th. Ordinance No. 79-82 - Amending Code - Solicitations. First Reading amending Chapter 22 "Solicitations and Peddlers" of the Code of Ordinances to delete the requirements for City identification cards and list of solicitors' names, addresses, etc. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 26th. Ordinance No. 80-82 - Amending Code - Bicycles. First Reading amending Chapter 7 "Bicycles" of the Code of Ordinances relative to issuance of bicycle licenses and requiring inspections. Recommendation: City Manager and Police Chief recommend ap- proval. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing October 26th. AGENDA 10-12-82 Page 4