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03-10-81 Regular fV\~ CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING March 10, 1981 AGENDA 1. Opening Prayer. 2. Pledge of Allegiance to the flag of the united States of America. 3. Approval of minutes of regular meeting of February 24, 1981 and special meeting of February 19, 1981. 4. Presentation of items by Council Members. 5. Recognition of public requests from the floor. 6. a. Items not on the agenda submitted through the City Manager. b. CONSENT AGENDA (1) Consider authorizing the Mayor to write a letter to the Palm Beach County Board of Commissioners relative to fund- ing improvements for Lake Ida Park. (2) Consider authorizing execution of agreement between the City and Arthur V. Strock & Associates, Inc. relative to engineering services for erosion control projects.. (3) Consider appointment to PERC. (4) Consider appointments to Financial Advisory Board. (5) Consider authorizing seeking bids for construction of bike paths. (6) Acknowledge minutes of Beautification Committee meeting of February 4, 1981. (7) Consider requ~t for a Certificate of Public Convenience and Necessity. (8) Consider adoption of Resolution No. 14-81 requesting per- mission from the Palm Beach County Board of Commissioners to rezone land -- South of Germantown Road, between Congress Avenue and the SAL Railroad (Leo A. and John M. Blair, applicants). (9) Consider adoption of Resolution No. 15-81 protesting 1980 U. S. Census figures. (10) Consider adoption of Resolution No. 16-81 relative to awarding a contract for installation of extension of the present cart path system at the Delray Beach Country Club. (11) Consider adoption of Resolution No. 17-81 relative to awarding a contract for the installation of a chain link fence to enclose the new South Pumping Station. (12) Consider adoption of Resolution No. 18-81 requesting the State Department of Highway Safety and Motor Vehicles establish a driver's license office in the Delray Beach- Boynton Beach area. (13) Report from the Planning & Zoning Board relative to annexation request -- West side of Lake Drive, between N. W. 22nd Street if extended west and N. W. 18th Street if extended west (Jeffrey Ahl, applicant). REGULAR AGENDA. 8. Resolutions and Ordinances a. Second and FINAL Reading of Ordinance No. 5-81 relative to annexation -- West side of U. S. No.1, between Linton Boulevard and S. E. 10th Street. b. Second and FINAL rezoning request Boulevard and S. Reading West E. 10th of Ordinance No. 6-81 relative to side of U. S. No.1, between Linton Street. c. Second and FINAL Reading of Ordinance No. 10-81 relative to PERC. d. Second and FINAL Reading of Ordinance No. 11-81 granting a franchise to Florida Power & Light Company. e. First Reading of Ordinance No. 7-81 relative to rezoning Part of Hamlet (Parcels "J" and "K"). f. First Reading of Ordinance No. 12-81 providing for authority to reduce right-of-way width and paving requirements. 9 . Reports a. Report from the Planning & Zoning Board. relative to condi- tional use, site and development plan -- Delray Harbor Club. b. Report from the Planning & Zoning Board relative to condi- tional use -- Pullums Play Skool. AGENDA 3-10-81 Page 2 PRE F ACE CONSENT AGENDA 6. b. (1) It is recommended that Council authorize the Mayor to write a letter to the Palm Beach County Board of Com- missioners relative to funding improvements for Lake Ida Park. (2) Council, at the May 20, 1980 meeting, selected Arthur V. Strock & Associates, Inc. as the City's consulting engineers for the beach nourishment program. The agree- ment between the City and Arthur V. Strock & Associates, Inc. is for professional engineering services related to the maintenance and restoration of the beach and to the inspection of bridges, seawalls and other marine structures. Approval of execution of the agreement is recommended. (3) It is recommended that Council reappoint Mr. John Saracino to PERC to a four-year term ending March 13, 1985. Mr. Saracino is willing to serve if reappointed. (4) If Council is ready to do so at Tuesday night's meeting, consideration may be given to the reappointments of Mary Alice Underwood, William Nix and Evert A. Young as regular members of the Financial Advisory Board 'to two- year terms ending April 12, 1983. All three are willing to serve if reappointed. Approval is recommended. (5) It is recommended that Council give authorization to the administration to seek bids for the construction of bike paths on Linton Boulevard, N. E. 8th Street and S. W. 4th Street. Council, at the February 10th meeting, authorized exe- cution of an agreement between the City and Palm Beach County for construction of these bicycle paths. (6) It is recommended that minutes of the Beautification Committee meeting of February 4, 1981 be acknowledged. (7) An application has been received from Clifford Greco for a Certificate of Public Convenience and Necessity for operation of a uniform chauffeur limousine within the City. In compliance with Section 28-19, Chapter 28 of the Code of Ordinances, Council should fix a date for a public hearing to be held on this application for a Certificate of Public Convenience and Necessity, notice of which shall be forwarded to all operators of taxi- cabs. At such public hearing, and as a result thereof, Council shall determine if further cab service, within the City, is needed. It is recommended that Council authorize a public hear- ing on the application to be held at the next regular Council meeting on March 24, 1981. A list of taxicabs licensed in the City is enclosed. (8) Resolution No. 14-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from CG (General commercial) (County) to LI (Light Industrial) (City), located south of Germantown Road, 6. b. (8) between Congress Avenue and the SAL Railroad, has been prepared for Council conside:ration at the meeting Tuesday night. This resolution is being presented to correct the legal description contained in Resolution No. 91-80, adopted at the November 10, 1980 meeting. Permission was grant- ed by the Palm Beach County Board of Commissioners and Ordinance No. 2-81 was passed on Second and FINAL Read- ing at the February 10th meeting. After passage of Ordinance No. 2-81 annexing this property into the City, it was determined that the legal description used did not include the entire parcel. Resolution No. 14-81 is being presented to correct the legal description con- tained in previously adopted Resolution No. 91-80. Approval is recommended. (9) Resolution No. 15-81, supporting the Palm Beach County Area Planning Board's Resolution No. 01-81-70 request- ing the U. S. Bureau of the Census to provide more accurate population counts has been prepared for Council consideration at the meeting Tuesday night. Approval is recommended. (10) The following bids have been received for installation of extension of the present cart path system at the Delray Beach Country Club: Bidder Quotation Hardrives, Inc. Delray Beach $14,271.00 Carr Soil & Sod - Driveways Delray Beach 15,280.00 It is recommended that the contract be awarded to the low bidder, Hardrives, Inc. in the amount of $14,271.00 by passage of Resolution No. 16-81 with funding to come from the 1978 Utility Tax Revenue Bond Issue. Construction of the cart paths will not start until after Easter. (11) The following bids have been received for installation of approximately 450 feet of chain link fence to enclose the new South Pumping Station: Bidder Quotation Southern Fence Company $ 2,350.00 Boca Raton Boca Raton Fence & Garden Center 2,900.00 Boca Raton A & A Fences, Inc. 3,448.08 Boynton Beach Bill Overton's Budget Fence Co. 4,295.00 West Palm Beach It is recommended that the contract be awarded to the low bidder, Southern Fence Company in the amount of $2,350.00 by passage of Resolution No. 17-81 with funding to come from the 1979 Water and Sewer Bond Issue. PREFACE 3-10-81 Page 2 6. b. (12) Resolution No. 18-81, ;'equesting that the State De- partment of Highway Safety and Motor Vehicles establish a driver's license office in the Delray Beach-Boynton Beach area has been prepared for Council consideration at the meeting Tuesday night. Approval is recommended. (13) A request has been received from Jeffrey Ahl to annex a 30,000 square foot parcel of land, subject to R-lAA (Single Family District) Dwelling. The subject property is in Section 5-46-43 and is located on the west side of Lake Drive, between N. W. 22nd Street if extended west and N. W. 18th Street if extended west and is zoned RS (Residential Single Family) in the County. Since this request is in conformance with the City's Land Use Plan, it is recommended that the City Attorney be instructed to prepare an ordinance effecting the annexation. REGULAR AGENDA 8. a. Ordinance No. 5-81 relative to annexing a parcel of land located on the west side of U. S. No.1, between Linton Boulevard and S. E. 10th Street, subject to SAD (Special Activities) District has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the February 10th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. b. Ordinance No. 6-81 relative to rezoning and placing land zoned CG (General Commercial) (County) in SAD (Special Activities) (City) District, located on the west side of U. S. No.1, between Linton Boulevard and S. E. 10th Street has been prepared for Council consideration on Second and FINAL Reading at Tuesday night's meeting. This ordinance was passed on First Reading at the February 10th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. c. Ordinance No. 10-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 20 "Public Employee Relations" of the Code of Ordinances relative to PERC. This ordinance was passed on First Read- ing at the February 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. d. Ordinance No. 11-81 granting a franchise to Florida Power & Light Company 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 February 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled PREFACE 3-10-81 Page 3 8. d. to be held at Tuesda:' night's meeting in order that any interested parties mdY be heard. e. Ordinance No. 7-81 relative to rezoning and placing land zoned RM-6 (Multiple Family Dwelling) District in R-IA (Single Family Dwelling) District, located at the northwest corner of Dover Road and the L-35 Canal, part of Hamlet (Parcels "J" and "K") has been prepared for Council con- sideration on First Reading at the meeting Tuesday night. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on March 24th. Council, at the February 10th meeting, directed the City Clerk to send the notice required for City initiated rezon- ing. f. Ordinance No. 12-81, amending Chapter 23 "Streets and Side- walks" of the Code of Ordinances relative to giving the City Engineer authority to reduce required minimum right- of-way width and paving width requirements and providing for an appeals procedure to the City Council has been pre- pared for Council consideration on First Reading at Tuesday night's meeting. Council, at the February 3rd workshop meeting, instructed the City Attorney to prepare the ordinance. 9. a. The Planning & Zoning Board at a meeting held on February 23rd, recommended by unanimous vote that the conditional use, site and development plan for Delray Harbor Club, located south of S. E. 10th Street, between U. S. No.1 and the Intracoastal Waterway to allow 50 dwelling units in a six-story building be approved, subject to: 1) City Engineer's memorandum of January 26th. 2) Director of Public Utilities' memorandum of January 16th. 3) That a Unity of Title be filed tying the water area and boat docks to the land area. 4) That one condominium association be established which controls the dwelling units and boat docks. 5) That no commercial boats of any type be operated from this development. 6) That no live-aboards of any type be allowed to reside on the boats. 7) That the condominium documents be submitted which in- corporate the limitations of items 3, 4, 5 and 6 above, for the City Attorney's review prior to the issuance of any building permits. 8) Approval of the required variances by the Board of Adjustment. 9) That the developer pay to the City, a sum of money equal to the average appraised value per acre, as determined by Arthur Sprott, for 0.58 acres of park and recreation land. 10) A time limitation of 18 months be set for development of the project. A packet relative to this request was delivered to Council on March 2nd. b. The Planning & Zoning Board at a meeting held on March 3rd, recommended by a vote of 5 to 1 (Carey dissenting) that the conditional use request in the R-IA (Single Family Dwelling) District to allow a Day Care Center, west of S. W. 6th Avenue, between S. W. 8th Court and S. W. 9th Street, be approved, subject to: PREFACE 3-10-81 Page 4 9. b. 1) Director of Public Utilities' memorandum of January 16th (copy attached). 2) That a time limitation of 18 months be set for development of the project. Council may either act on this item at Tuesday night's meeting or refer to workshop. PREFACE 3-10-81 Page 5