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08-11-81 Regular ~;1/ CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING August 11, 1981 AGE N D A 1. Opening Prayer. 2. Pledge of Allegiance to the flag of the united States of America. 3. Approval of minutes of regular meeting of July 28, 1981 and spe- cial meetings of July 22, 1981 and August 4, 1981. 4. Presentation of items by Council Members. 5. Recognition of public requests from the floor. 6. a. Items added to the agenda by the City Manager. b. CONSENT AGENDA (1) Appointment of Clerks and Inspectors for the upcoming election. (2) Consider execution of Developers Utility Service Agree- ment -- Mitchell Homes, an Alabama general partnership, for water and sewer service for Federal Plaza Extension- Phase III. (3) Consider authorizing purchase of fire hose. (4) Consider notifying developers relative to a fee not to exceed $1,000 per unit for recreational land. (5) Consider reply to the Area Planning Board relative to the Florida Department of Environmental Regulation Implementation of the Florida Coastal Management Program. (6) Consider adoption of Resolution No. 64-81 providing for assessment of nuisance abatement costs. (7) Consider adoption of Resolution No. 66-81 authorizing submittal of application to Department of Natural Resources relative to funding for the beach. (8) Consider adoption of Resolution No. 67-81 approving the filing by Planned Parenthood of an application for grant funds. (9) Consider adoption of Resolution No. 68-81 authorizing the issuance of general obligation bonds for park and recre- ation purposes subject to such bonds being approved at a referendum election. (10) Report from the Planning & Zoning Board relative to condi- tional use approval -- Seacrest Hotel. (11) Report from the planning & Zoning Board relative to final plat approval -- Professional Office Plaza for Acquilano. REGULAR AGENDA c. Consider designating a City voting representative for the Florida League of Cities Convention. 7. Petitions and Communications a. public Hearing on special assessment of paving S. E. 1st Avenue between S. E. 8th Street and S. E. 9th Street. b. Consider request for conditional use and site and development plan approval -- Old Harbour. 8. Resolutions and Ordinances a. First Reading of Ordinance No. 56-81 relative to vehicular signs. b. First Reading of Ordinance No. 57-81, amending Ordinance No. 65-80 by adding a conditional use to Laver's North to allow resort dwelling units. c. First Reading of Ordinance No. 58-91 relative to prohibiting the use of aluminum conductors of any type in the City. 9. Reports None. AGENDA 8-11-81 Page 2 PREFACE CONSENT AGENDA 6. b. (1) In compliance with requirements set forth in Chapter 2 of the City's Code of Ordinances, Council should appoint Clerks and Inspectors to conduct the upcoming election. It is recommended that the list of possible appointees shown on the enclosed sheet, from which sufficient num- bers of Clerks and Inspectors will be selected by the City Clerk, be approved by Council. (2) The standard Developers Utility Service Agreement has been received from Mitchell Homes, an Alabama general partnership for water and sewer service for Federal Plaza Extension-Phase III. A check in the amount of $1,616 has been deposited in the Developers' Fund to cover 4.616 acres at $1,000 per acre. Council previously approved providing water and sewer service for Phases I and II. It is recommended that Council approve execution of the agreement. (3) The following quotations have been received for purchase of fire hose for the Fire Department: Bidder 1-1/2" hose 2-1/2" hose $ 4,725.00 $12,480.00 4,935.00 11,880.00 4,375.00 12,000.00 4,959.50 12,326.40 4,655.00 12,480.00 Harold's Sales & Service Co., Inc., Marietta, GA Biscayne Fire Equipment Co., Inc., Miami Florida Fire Equipment Ft. Lauderdale Marpan Supply Co., Inc. Tallahassee Western Fire Equipment Co. Brisbane, CA It is recommended that the award for the 1-1/2" fire hose be made to Harold's Sales & Service Company, Inc. in the amount of $4,725.00 and the award for the 2-1/2" fire hose be made to Biscayne Fire Equipment Company in the amount of $11,880.00 with funding to come from funds in the 1980-81 budget. A copy of a letter from the Fire Department dated August 4th is enclosed. (4) As discussed at the August 4th workshop meeting, it is recommended that Council, by motion, direct the noti- fication of developers to the fact that they will be subject to a fee not to exceed $1,000 per unit for recreational land. When the formula has been finalized, adjustment will be made in the final assessment. The fee is to be paid before obtaining the building permits. The policy should be established so the Planning & Zoning Board and the Planning Department will be able to more fully inform developers with respect to this planned requirement. (5) A communication has been received from the Area Planning Board dated July 31, 1981 requesting A-95 Clearinghouse review and comment relative to Florida Department of Environmental Regulation Implementation of the Florida PREFACE 8-11-81 Page 1 6. b. (6) Coastal Management Program. This program includes protection of natural resources, siting of coastal dependent facilities and protection of life and property from coastal storms. Enclosed is a copy of a letter dated August 3rd from the City Manager to the Area Planning Board stating that the program will have no adverse effects on the local natural, social or economic environment and there is no duplica- tion of funding between efforts of the proposed program and those of any related local projects or programs. Council may either concur with the City Manager's letter or state its disapproval. Copies of all material relative to the application are attached. Approval is recommended. (6) Resolution No. 64-81 provides for assessment of cost incurred by the City in abating a previously determined nuisance against certain property, the owner of which failed to abate such nuisances within the allotted time from date of original nuisance violation notice. Council may request any further desired information in lieu of which, and in compliance with Section 13 of the City's Code of Ordinances, adoption of Resolution No. 64-81 is recommended. (7) Resolution No. 66-81 authorizing submittal of appli- cation to the Department of Natural Resources request- ing and setting forth the need for funding for the beach has been prepared for Council consideration at the meeting Tuesday night. Total project funding for fiscal years 1981-82 and 1982-83 is $50,000. DNR's share is 75% or $37,500. Approval is recommended. (8) Resolution No. 67-81 relative to indorsing a program of Planned Parenthood and authorizing execution of an agree- ment with the State of Florida Department of Community Affairs has been prepared for Council consideration at Tuesday night's meeting. This was discussed at the August 4th workshop meeting. Approval is recommended. (9) Resolution No. 68-81 authorizing the issuance of general obligation bonds for park and recreation purposes sub- ject to such bonds being approved at a referendum election has been prepared for Council consideration at the meeting Tuesday night. Approval is recommended. (10) The Planning & Zoning Board at a meeting held on July 20th, recommended by unanimous vote that the condi- tional use for the Seacrest Hotel, located at the north- west corner of Atlantic Avenue and AlA to allow a 150 room hotel in a five story structure be approved, subject to: (a) City Engineer's memorandum of July 15th (copy at- tached) . (b) Director of Public Utilities memorandum of June 24th (copy attached). PREFACE 8-11-81 Page 2 6. b. (10) (c) Chief Building Official's memorandum of Jlme 30th (copy attached). (d) That the maximum capacity of the meeting room shall not exceed 120 seats. (e) That the developer pay to the City, a sum of money to be determined by the proposed "Park and Recreation Land Dedication" ordinance, when adopted by City Council. (f) A time limitation of 18 months be set for development of the project. (g) That the 18 parking spaces located at the south- west corner of the property be made available to the affected merchants along Atlantic Avenue. This was discussed at the August 4th workshop meeting. Approval is recommended. (11) The Planning & Zoning Board at a meeting held on July 28th, recommended by unanimous vote that the final plat for Professional Office Plaza for Acquilano, located on the west side of u. S. No.1 between Linton Boulevard and S. E. 10th Street, be approved subject to the Director of Public utilities' memorandum of July 9th (copy attached). Approval is recommended. REGULAR AGENDA 6. c. Council should designate, by motion, the City's voting repre- sentative for the Florida League of Cities Convention to be held in Orlando, October 22nd, 23rd and 24, 1981. 7. a. A public hearing has been scheduled for Tuesday night's meet- ing for paving S. E. 1st Avenue between S. E. 8th Street and S. E. 9th Street. Resolution No. 54-81 ordering the paving of S. E. 1st Avenue was adopted by Council at the July 14th meeting. b. A request has been received that the conditional use and site and development plan for Old Harbour to allow 304 units in four, six-story buildings be approved. This item is scheduled for consideration at the Planning & Zoning Board meeting to be held on August 7th at 8:30 a.m. Council, at the July 28th meeting, referred this to the Planning & Zoning Board for further study and recommendation. 8. a. Ordinance No. 56-81, amending Chapter 9 "Buildings and Con- struction" of the Code of Ordinances relative to adding vehicular signs to the list of prohibited signs has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the July 21st workshop meeting, directed the City Attorney to prepare the ordinance. b. Ordinance No. 57-81, amending Ordinance No. 65-80 by adding a conditional use to Laver's North to allow a maximum of 240 of the 610 approved units may be resort dwelling units conditioned upon resort dwelling units being isolated in buildings which contain only resort dwelling units and not regular dwelling units, i.e., a building in its entirety must be comprised of either resort dwelling units or regular dwelling units has been prepared for Council consideration at the meeting Tuesday night. PREFACE 8-11-81 Page 3 8. b. Council, at the August 4th workshop meeting, directed the City Attorney to prepare the ordinance. c. Ordinance No. 58-91, amending Chapter 9 "Buildings and Con- struction", Article VI "Electricity" of the Code of Ordi- nances relative to prohibiting the use of aluminum conductors of any type in the City has been prepared for Council consider- ation on First Reading at the meeting Tuesday night. Council, at the July 7th workshop meeting, directed the City Attorney to prepare the ordinance. PREFACE 8-11-81 Page 4