Loading...
11-10-80 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING November 10, 1980 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 October 28, 1980 and special meetings of October 20, 1980 and October 31, 1980. 4. Presentation of items by Council Members. 5. Recognition of public requests from the floor. 6. Items submitted through the City Manager: a. Items not on the agenda. b. City Service Award -- Mort Rowe. c. Consider rate change for refuse collection service. d. Consider South Central Regional Wastewater Treatment and Dis- posal Board Resolution No. 9-80 authorizing application for Step II Grant for Federal assistance. e. Consider authorizing the purchase of parking meters. 7. Petitions and Communications: a. Acknowledge minutes of Beautification Committee meeting of October 1, 1980. b. Consider request for solicitation of funds -- American Legion Auxiliary Milton Meyers Post No. 65 and American Legion Aux- iliary Sherman Williams Unit No. 188. 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 90-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land -- South side of Germantown Road, between Congress Avenue and the SAL Railroad (Robert D. and Virginia M. Horner, ap- plicants) . b. Consider adoption of Resolution No. 91-80 requesting permission 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 Joan M. Blair, applicants). c. Consider adoption of Resolution No. 105-80, vacating and aban- doning an easement -- Moore's Landing. d. Consider adoption of Resolution No. 106-80 ratifying Supple- mental Agreement No. 1 to the engineering contract between the South Central Regional Wastewater Treatment and Disposal Board and Russell & Axon. e. Consider adoption of Resolution No. 107-80 vacating and aban- doning a part of Germantown Road. f. Consider adoption of Resolution No. 108-80 vacating and aban- doning a portion of Egret Circle and Quail Road (part of Laver's Development) . g. Consider adoption of Resolution No. 109-80 relative to construc- tion of a lighting system for Miller Park. 8. h. Second and FINAL Reading of Ordinance No. 61-80 relative to trade shops. i. Second and FINAL Reading of Ordinance No. 62-80 relative to off-street parking. j. Second and FINAL Reading of Ordinance No. 63-80 relative to Code Enforcement Board. k. First Reading of Ordinance No. 64-80 relative to annexation West side of the E-4 Canal, between Germantown Road and the L-37 Canal (Erminio P. and Catherine E. Giuliano). 1. First Reading of Ordinance No. 65-80 relative to rezoning request -- Laver's North. m. First Reading of Ordinance No. 66-80 relative to Mini PERC. n. First Reading of Ordinance No. 67-80 relative to storing boats on the beach. o. First Reading of Ordinance No. 68-80 relative to occupational licenses. 9. Reports: a. Report from the Planning & Zoning Board relative to conditional use approval -- Atlantic Avenue Veterinary Clinic. b. Report from the Planning & Zoning Board relative to conditional use approval -- Multi-Family Facility for Pauline Harris. c. Report from the Planning & Zoning Board relative to conditional use approval -- Berkshire by the Sea. d. Report from the Planning & Zoning Board relative to conditional use, site and development plan approval extension -- Delray Beach Landings. AGENDA 11-10-80 Page 2 PRE F ACE 6. c. It was agreed at workshop on October 21st that Council would consider establishing new refuse collection rates at the November 10th Council meeting. The results of the poll relative to backyard vs. curb pickup will be presented at or prior to Monday night's meeting. d. The South Central Regional Wastewater Treatment and Disposal Board at its meeting on October 27th, voted to adopt SCRWTD Resolution No. 9-80 relative to authorizing application for Step II Grant for Federal assistance for the expansion of the SCRWTD Plant. In accordance with the requirements of the Interlocal Agree- ment, approving action should be considered by Council. A copy of SCRWTD Resolution No. 9-80 is enclosed. e. The following proposals have been received to sell the City 600 parking meters: Bidder Quotation POM Incorporated Russellville, Arkansas $62,314.30 Duncan Industries Elk Grove Village, Illinois 71,264.42 It is recommended that the award be made to Duncan Industries in the amount of $71,264.42. Even though Duncan Industries is not the low bidder, it is considered that purchase from them would be more cost effective and in the best interest of the City for the reasons stated in an Engineering Department memo to the City Manager dated October 27, 1980, copy of which is attached. If any member of Council would like to inspect the meters of the two bidders and to see demonstrations of same prior to the Council meeting, arrangements will be made upon your contacting the City Manager's office or the City Engineer. 7. a. The Mayor should acknowledge minutes of Beautification Committee meeting of October 1, 1980. b. A communication has been received from American Legion Auxiliary Milton Meyers Post No. 65 and American Legion Auxiliary Sherman Williams Unit No. 188 requesting permission to solicit funds on February 27th and February 28, 1981, approval of which is recommended by the Solicitations Committee. 8. a. Resolution No. 90-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to LI (Light Industrial) (City), located on the south side of Germantown Road, between Congress Avenue and the SAL Railroad, has been prepared for Council con- sideration at the meeting Monday night. Council directed the City Attorney to prepare the resolution at the October 14th meeting. b. Resolution No. 91-80 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, between Congress Avenue and the SAL Railroad has been prepared for Council consideration at the meeting Monday night. Council directed the City Attorney to prepare the resolution at the October 14th meeting. 8. c. Resolution No. 105-80, vacating and abandoning a 6-foot drainage easement on the south line of Lot 24 in Moore's Landing, north of N. E. 8th Avenue and west of Andrews Avenue, has been pre- pared for Council consideration at the meeting Monday night. Council, at the October 28th meeting, instructed the City At- torney to prepare the resolution. d. Resolution No. 106-80 ratifying Supplemental Agreement No. 1 to the engineering contract between the South Central Regional Wastewater Treatment and Disposal Board and Russell & Axon for engineering services for the design and construction of expan- sion of the existing wastewater treatment and disposal facility has been prepared for Council consideration at Monday night's meeting. The SCRWTD Board, at its meeting on October 27th, approved ratification of Supplemental Agreement No.1. e. Resolution No. 107-80 vacating and abandoning a part of German- town Road south of Linton Boulevard between Congress Avenue and the SAL Railroad has been prepared for Council consideration at the meeting Monday night. Council instructed the City Attorney to prepare the resolution at the October 28th meeting. f. Resolution No. 108-80 vacating and abandoning a part of Egret Circle and Quail Road, south of Linton Boulevard between Lindell Boulevard and S. W. 4th Avenue has been prepared for Council consideration at Monday night's meeting. Council, at the October 28th meeting, instructed the City At- torney to prepare the resolution. g. The following bids have been received to construct a lighting system for Miller Park: Bidder Quotation Premier Electrical International Corp. Boca Raton $240,833.00 C. R. Dunn, Inc. West Palm Beach 199,897.00 Union Electric Construction Corp. West Palm Beach (AI terna te Bid) 233,433.00 198,360.00 Resolution No. 109-80 will be distributed at the meeting Monday night. Funding will come from the Capital Improvement Construction Fund, 1980 Bond Issue. h. Ordinance No. 61-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to trade shops has been prepared for Council consideration on Second and FINAL Reading at the meet- ing Monday night. This ordinance was passed on First Reading at the October 28th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. i. Ordinance No. 62-80 has been prepared for Council consideration on Second and FINAL Reading at the meeting Monday night. This PREFACE 11-10-80 Page 2 8. i. ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking. This ordinance was passed on First Reading at the October 28th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. j. Ordinance No. 63-80, amending Chapter 2 "Administration" of the Code of Ordinances relative to the Code Enforcement Board has been prepared for Council consideration on Second and FINAL Reading at the meeting Monday night. This ordinance was passed on First Reading at the October 28th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. k. Ordinance No. 64-80 relative to annexing an 18-acre parcel of land located in Section 25-46-42 on the west side of the E-4 Canal, between Germantown Road and the L-37 Canal has been pre- pared for Council consideration on First Reading at the meet- ing Monday night. The Planning & Zoning Board at a meeting held on June 26th, recommended by unanimous vote that the subject property be annexed as R-lAAA to be consistent with the development to the west and south of this parcel. Second and FINAL Reading a public hearing will be held at the meeting on December 16th. 1. Ordinance No. 65-80 relative to rezoning and placing land zoned RM-IO (Multiple Family Dwelling) District in SAD (Special Activites) District, located south of Linton Boule- vard, between Lindell Boulevard and S. W. 4th Avenue has been prepared for Council consideration on First Reading at the meeting Monday night. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on November 25th. Cbuncil,at the October 28th meeting, instructed the City At- torney to prepare the ordinance effecting the rezoning. m. Ordinance No. 66-80, amending Chapter 20 "Public Employee Relations" of the Code of Ordinances pursuant to order issued by the State PERC has been prepared for Council consideration on First Reading at the meeting Monday night. n. Ordinance No. 67-80, amending Chapter 17 "Parks, Beaches and Recreation" of the Code of Ordinances has been prepared for Council consideration on First Reading at Monday night's meet- ing. This ordinance increases the annual storage permit fee for storing boats on the beach from $50 to $100 as informally decided at budget workshop. o. Ordinance No. 68-80, amending Chapter 15 "Licenses" of the Code of Ordinances relative to occupational licenses has been prepared for Council consideration on First Reading at the meeting Monday night. This was discussed at the November 4th workshop meeting. PREFACE 11-10-80 Page 3 9. a. The Planning & Zoning Board at a meeting held on August 18th, recommended by unanimous vote that the conditional use in a proposed MI (Medium Industrial) District to allow a veterinary clinic, located on the south side of Atlantic Avenue, between Congress Avenue and the SAL Railroad be approved, subject to: 1) City Engineer's memorandum of August 18th (copy attached). 2) Director of Public Utilities memorandum of August 6th (copy attached). 3) A time limitation of one year be set for development of the project. 4) Annexation of the subject property. 5) Receiving the variances from the Board of Adjustment. Presentation for City Council consideration has been held in abeyance until this time at the request of the applicant, Dr. Arthur Malernee. b. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that the conditional use in the GC (General Commercial) District to allow two multiple family dwelling units, located on the west side of N. W. 8th Avenue, between Atlantic Avenue and N. W. 1st Avenue be approved, subject to: 1) City Engineer's memorandum of September 22nd (copy at- tached) . 2) Director of Public Utilities memorandum of September 11th (copy attached). 3) A time limitation of 12 months be set for development of the project. This was discussed at the November 4th workshop meeting. c. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that the conditional use and site and development plan in the RM-15 (Multiple Family Dwell- ing) District to allow 28 additional dwelling units in a five story structure at Berkshire by the Sea, located south of Thomas Street, between AlA and Andrews Avenue be approved, subject to: 1) City Engineer's memorandum of October 2nd (copy attached). 2) Director of Public Utilities memorandum of September 11th (copy attached). 3) A time limitation of 18 months be set for development of the project. This was discussed at the workshop meeting on November 4th. d. The Planning & Zoning Board at a meeting held on October 18th, recommended by a vote of 5 to 0 (Campbell abstaining) that the conditional use, site and development plan approval for Delray Beach Landings, located at the southwest corner of N. E. 8th Street and Andrews Avenue be extended for 18 months to June 11, 1982, subject to the developer cleaning up the site. This was discussed at the workShop meeting on November 4th. PREFACE 11-10-80 Page 4