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08-25-81 Regular IYlIV CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING August 25, 1981 AGE N D A 1. Opening Prayer. 2. Pledge of Allegiance to the flag of the United States of America. 3. a. Approval of minutes of regular meeting of August 11, 1981. b. Presentation by Roots Cultural Festival. 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) Consider authorizing the securing of an appraisal of the City-owned property located at the southwest corner of N. W. 8th Avenue and N. W. 2nd Street that would include all of the land, excluding Lots 23 and 24 leased to the American Legion. (Approval is recommended.) -.-- (2) Consider authorizing execution of traffic signal agree- ment between the City and Florida Department of Trans- portation for signalization at the intersection of East Atlantic Avenue (State Road 806) and East 7th Avenue. (Approval is recommended.) (3) Consider authorizing execution of traffic control agree- ment between the City and Palm Beach County for signal- ization at the intersection of East Atlantic Avenue (State Road 806) and East 7th Avenue. (Approval is recommended. ) (4) Consider reply to Treasure Coast Regional Planning Council relative to FY 1981-82 701 Application Comprehensive Plan- ning Assistance. (Approval is recommended.) (5) Consider authorizing execution of a traffic control agree- ment between the City and Palm Beach County for signal- ization at the intersection of Lake Ida Road and Barwick Road. (Approval is recommended.) (6) Consider extension of the required completion date for the north-south alley between N. E. 3rd Avenue and the FEC Railroad to October 12, 1981. (Approval is recommended.) (7) Consider transferring a 1976 Dodge van to Traffic Engi- neering Division. (Approval is recommended.) (8) 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. (Approval is recommended.) (9) Consider appointments to the Beautification Committee. (Approval is recommended.) (10) Acknowledge minutes of Beautification Committee meeting of August 4, 1981. (Approval is recommended.) 6. b. (11) Consider adoption of Resolution No. 70-81 providing for assessment of nuisance abatement costs (217 S. W. 13th Avenue). (Approval is recommended.) (12) Consider adoption of Resolution No. 71-81 accepting as operational the sanitary sewers and water utilities installed in The Point. (Approval is recommended.) (13) Consider adoption of Resolution No. 72-81 supporting the Town of Ocean Ridge in their request for approval of their beach restoration project. (Approval is recommended. ) (14) Report from the Planning conditional use approval Office for Dr. Westine. & Zoning Board relative to extension Professional (Approval is recommended.) REGULAR AGENDA c. Consider authorizing purchase of a meter for the Utilities Department. 7. Petitions and Communications a. Consider request for conditional use and site and development plan approval -- Old Harbour. 8. Resolutions and Ordinances a. Second and FINAL Reading of Ordinance No. 56-81 relative to vehicular signs. b. Second and FINAL 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. Second and FINAL Reading of Ordinance No. 58-81 relative to prohibiting the use of aluminum conductors of any type in the City. d. First Reading of Ordinance No. 42-81 relative to anchoring and mooring of boats. e. First Reading of Ordinance No. 59-81 relative to annexation -- East and west sides of Frederick Boulevard, between Avenue "I" and Avenue "J" (John Rathbun, administrator for the estate of Phoebe Rathbun, applicant). f. First Reading of Ordinance No. 60-81 relative to annexing a portion of a 16-foot alley -- Block 4, Sophia Frey Sub- division (Samuel P. Fisher, as President and Sylvia L. Fisher, as Secretary of Eighth Street Market, Inc., applicants) . g. First Reading of Ordinance No. 61-81 relative to annexation South of S. E. lOth Street, between S. E. 5th Avenue and S. E. 6th Avenue (Richard McCracken, applicant). h. First Reading of Ordinance No. 62-81 relative to creating a Department of Personnel. 9. Reports None. AGENDA 8-25-81 Page 2 PRE F ACE 6. b. CONSENT AGENDA (1) As discussed at the workshop meeting on August 18th, Council is to consider at Tuesday night's meeting authorizing the securing of an appraisal of the City- owned property located at the southwest corner of N. W. 8th Avenue and N. W. 2nd Street that would include all of the land, excluding Lots 23 and 24 leased to the American Legion. Approval is recommended. (2) It is recommended that Council authorize execution of a traffic signal agreement for signalization between the City and Florida Department of Transportation at the intersection of East Atlantic Avenue (State Road 806) and East 7th Avenue. It is necessary to have an agreement between the City and DOT since this is a State road. Resolution No. 113-80 was adopted on November 25, 1980 authorizing execution of the agreement. The City At- torney's office made changes in paragraphs 1 and 8 of the agreement, which DOT says are acceptable. This is the reason the matter is back before Council for approval of the agreement modification. (3) It is recommended that Council authorize execution of a traffic control agreement for signalization between the City and Palm Beach County at the intersection of East Atlantic Avenue (State Road 806) and East 7th Avenue. When the traffic signal installation is completed, Palm Beach County will assume responsibility for the mainte- nance and operation. (4) A communication has been received from Treasure Coast Regional Planning Council dated August 10th requesting A-95 Clearinghouse review and comment relative to FY 1981-82 701 Application Comprehensive Planning Assistance. This grant is to augment the planning pro- grams of the Council and Area Planning Board for FY 81. Enclosed is a copy of a letter dated August 13th from the City Manager to the Treasure Coast Regional Planning Council stating that the program will have no adverse effects on the local natural, social or economic environment and there is no duplication between efforts of the proposed program and those of any related local projects or programs. Copies of all material relative to the application are enclosed. Approval is recommended. (5) It is recommended that Council authorize execution of a traffic control agreement between the City and Palm Beach County for signalization at the intersection of Lake Ida Road and Barwick Road. The County will install and maintain these traffic control devices. (6) As discussed informally at the workshop meeting on August 18th, Council is to consider an extension on the completion date of the north-south alley between N. E. 3rd Avenue and the FEC Railroad to October 12, 1981. Since Southern Bell has delayed the contrac.tor, thus 6. b. (6) preventing the work being completed within the ap- proved time frame, the extension is considered to be justifiable. Approval of the extension to October 12th is recommended. (7) It is requested that a 1976 Dodge van seized in a drug arrest in March, 1981 be turned over to the Engineering Department for use by the parking meter employee. The van is valued at approximately $1500. The van is to be used for the parking meter technician to collect from the parking meters and carry out repairs as required. When the financial study was made for parking meters, it included the purchase of a van along with the hiring of a parking meter technician. The capital outlay for parking facilities in the 1980-81 budget was approved in the amount of $40,000. Although it does not specifically identify the van, it was in- cluded in the submission as a capital outlay request. Approval is recommended. (8) 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 Phase III. It is recommended that Council approve execution of the agreement. This item was deferred at the August 11th meeting in order to verify prior Council approval for the provid- ing of the service, which has now been done. (9) As discussed at the August 18th workshop meeting, Council is to consider the appointments of Mrs. Dorothy Appel and Mrs.. Dora McRae to the Beautification Committee. These appointments will fill two of the four vacancies which exist. Approval is recommended. (10) It is recommended that the minutes of the Beautification Committee meeting of August 4, 1981 be acknowledged. (11) Resolution No. 70-81 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. 70-81 is recommended. (12) It is recommended that sanitary sewers and water utili- ties installed in The Point be accepted as operational by adoption of Resolution No. 71-81. (13) Resolution No. 72-81 supporting the Town of Ocean Ridge in their request to Tallahassee for approval of their PREFACE 8-25-81 Page 2 6. b. (13) beach restoration project has been prepared :'or Council consideration at the meeting Tuesday night. Approval is recommended. (14) The Planning & Zoning Board at a meeting held on August 7th, recommended by unanimous vote that the conditional use approval for the Professional Office Building for Dr. Westine, located south of N. E. 8th Street between N. E. 3rd Avenue and the FEC Railroad which expires on September 23, 1981 be extended for one year to September 23, 1982. This was discussed at the workshop meeting on August 18th. Approval is recommended. REGULAR AGENDA 6. c. As discussed at the workshop meeting on August 18th, Council is to consider authorizing purchase of a meter to be in- stalled in the influent force main to the Regional Plant at an estimated cost of $16,815, with funding to come from the Water and Sewer Contingency Account. Approval is recommended. 7. a. 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 25th at 8:30 a.m. Council, at the July 28th meeting, referred this to the Planning & Zoning Board for further study and recommendation. This item was skipped over at the August 11th meeting. 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 Second and FINAL Read- ing at the meeting Tuesday night. This ordinance was passed on First Reading at the August 11th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Tuesday night's meeting in order that any interested parties may be heard. b. Ordinance No. 57-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend 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. This ordinance was passed on First Reading at the August 11th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Tuesday night's meeting in order that any interested parties may be heard. c. Ordinance No. 58-81, amending Chapter 9 "Buildings and Con- struction", Article VI "Electricity" of the Code of PREFACE 8-25-81 Page 3 8. c. Ordinances relative to prohibiting the use of aluminum con- ductors of any type in the City 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 August 11th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Tuesday night's meeting in order that any interested parties may be heard. d. Ordinance No. 42-81, amending Chapter 8 "Boats and Boating" of the Code of Ordinances relative to anchoring and mooring of boats has been prepared for Council consideration on First Reading at Tuesday night's meeting. This was discussed at the workshop meetings on January 20th and July 7th. e. Ordinance No. 59-81 relative to annexing a 1.4-acre parcel of land, located east and west sides of Frederick Boulevard, between Avenue "I" and Avenue "J", subject to RM-IO (Multiple Family Dwelling) District has been prepared for Council con- sideration on First Reading at the meeting Tuesday night. This property is presently zoned in the County as RS (Residential Single Family). Council, at the May 26th meeting, requested permission from the Palm Beach County Board of Commissioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on September 22nd. f. Ordinance No. 60-81 relative to annexing a portion of a 16-foot alley, bounding Lots 1, 2 and west 1/2 of Lots 10 and 11, Block 4, Sophia Frey Subdivision, has been prepared for Council consideration on First Reading at the meeting Tuesday night. This property is presently zoned in the City as GC (General Commercial) District. Council, at the May 26th meeting, requested permission from the Palm Beach County Board of Commissioners to rezone the the 16-foot alley. g. Ordinance No. 61-81 relative to annexing a 1.704-acre parcel of land located south of S. E. 10th Street, between S. E. 5th Avenue and S. E. 6th Avenue, has been prepared for Council consideration on First Reading at the meeting Tuesday night. The Planning & Zoning Board at a meeting held on July 28th, recommended by unanimous vote that the subject property be annexed as SC (Specialized Commercial) District since this request is in conformance with the City's Land Use Plan. Second and FINAL Reading and public hearing will be held at the meeting on September 22nd. h. Ordinance No. 62-81, amending Chapter 2 "Administration" of the Code of Ordinances relative to creating a Department of Personnel has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the August 18th workshop meeting. 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