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01-12-82 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING January 12, 1982 AGENDA 1. Opening Prayer. 2. Pledge of Allegiance to the flag of the United States of America. 3. a. Approval of minutes of regular meetings of December 8, 1981 and December 15, 1981 and special meeting of December 28, 1981. b. Presentation by Mrs. Betty Spalding. 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 execution of Developers' Utility Service Agree- ment -- pebb Enterprises, a Florida General Partnership, 14400 South Military Trail. (Approval is recommended.) (2) Consider authorizing Change Order No. 2 for the Water Treatment Plant Expansion. (Approval is recommended.) (3) Consider authorizing Arthur V. Strock & Associates, Inc. to conduct beach and offshore profiles. (Approval is recommended. ) (4) Consider authorizing Change Order No. 3 for Fire Station No.4. (Approval is recommended.) (5) Consider sale of City-owned land -- 1.886 acres, north of Lake Ida Road, adjacent to the Trinity Evangelical Lutheran Church. (Approval is recommended.) (6) Consider ratification of the-South Central Regional Waste- water Treatment and Disposal Board's Resolution No. 9-81 increasing the wholesale sewage user charges. (Approval is recommended.) (7) Consider City employee elections to the Civil Service Board. (Approval is recommended.) (8) Consider appointments to the Board of Adjustment. (Ap- proval is recommended.) (9) Consider reduced right-of-way -- Congress Park and Saddle Ridge. (Approval is recommended.) (10) Consider approval of use of Miller Park as a parking facility for Laver's Tennis Tournament, January 25th to January 31, 1982. (Approval is recommended.) (11) Consider award of a contract for two rain shelters at the Delray Beach Country Club. (Approval is recommended.) (12) Consider purchase of vertical blinds for the pro shop, ladies' locker room and men's locker room at the Delray Beach Country Club. (Approval is recommended.) (13) Consider purchase of 72" out front rotary mower for the n~lr~~ BeB~h ~cunt~7 Cl~~. (A~~r0v~1 is r~~c~~e~d~d.) " \ 6. b. (14) Consider request for water and sewer service outsLde the City -- Delray Executive Square, Ltd. (Approval is recommended. ) (15) Request for permit to erect a tent within the City to be used during the Laver's Tennis Tournament from January 26th to January 31, 1982. (Approval is recommended.) (16) Consider request for solicitation of funds -- The Ameri- can Cancer Society, Palm Beach County Unit, Florida Division, Inc. (Approval is recommended.) (17) Consider request for water and sewer service outside the City -- East side of Military Trail, north of Atlantic Avenue (pebb Enterprises, a Florida General Partnership. (Approval is recommended.) (18) Consider adoption of Resolution No. 1-82 establishing a deferred compensation plan for certain City personnel with the International City Management Association. (Approval is recommended.) (19) Consider adoption of Resolution No. 2-82 abandoning all rights-of-way previously dedicated to the City within the Hamlet Subdivision. (Approval is recommended.) (20) Report from the Planning zoning, conditional use, proval -- Congress Park. & Zoning Board relative to re- site and development plan ap- (Approval is recommended.) (21) Report from the Planning & Zoning Board relative to re- zoning, comprehensive plan amendment, site and develop- ment plan approval -- Saddle Ridge. (Approval is recommended. ) REGULAR AGENDA c. Acknowledge receipt of letter from Namil Corporation/Nathan Miller of January 4, 1982 requesting withdrawal of petition for rezoning. d. Consider reversal of exchange of property between the City and Namil Corporation. e. Discussion of garbage and trash collection bid. 7. Petitions and Communications None. 8. Resolutions and Ordinances a. Second and FINAL Reading of Ordinance No. 78-81 relative to annexation -- South side of Avenue "L", between Frederick Boulevard and Spanish Trail (Estate of Joseph L. Schroeder, Sr., applicant). b. Second and FINAL Reading of Ordinance No. 81-81 relative to Gulfstream Bank drive-in facility being constructed in accord- ance with site and development plans. c. Second and FINAL Reading of Ordinance No. 82-81 relative to signs and billboards. d. Second and FINAL Reading of Ordinance No. 83-81 relative to building setbacks. e. Second and FINAL Reading of Ordinance No. 84-81 relative to dockage rates. AG.t;NDA I-J.2-is2 Page 2 8. f. Second and FINAL Reading of Ordinance No. 85-81 relative to adoption of the 1979 edition of the Southern Standard Gas Code and the 1980 amendments thereto. g. Second and FINAL Reading of Ordinance No. 86-81 relative to adoption of the 1979 edition of the Standard Housing Code and the 1980 amendments thereto. h. Second and FINAL Reading of Ordinance No. 87-81 relative to landscaping. i. Second and FINAL Reading of Ordinance No. 90-81 relative to filing a lien against property for unpaid water bill. j. First Reading of Ordinance No. 1-82 relative to annexation South side of the L-32 Canal between Congress Avenue and the Seaboard Airline Railroad (Norman G. Jackson, applicant). k. First Reading of Ordinance No. 2-82 providing for Charter Changes relative to elections. 1. First Reading of Ordinance No. 3-82 relative to storage buildings. 9. Reports None. AGENDA 1-12-82 Page 3 PREFACE CONSENT AGENDA 6. b. (1) The standard Developers' Untility Service Agreement has been received from Pebb Enterprises, a Florida General Partnership for water and sewer service for Shoppes of Delray, located at 14400 South Military Trail. A check in the amount of $843.75 has been deposited in the Developers' Fund to cover 2.25 acres at $375 per acre. It is recommended that Council approve execution of the agreement. (2) It is recommended that Council authorize Change Order No. 2 for the Water Treatment Plant Expansion. Modifications amount to an increase of $532.50 for a new contract price of $4,428,359.75. (3) It is recommended that authorization be given for Arthur V. Strock & Associates, Inc. to conduct six beach and offshore profiles from the north City limits to the south City limits to determine the extent of the erosion during November, 1981. The estimated cost of these surveys is $3,000. (4) It is recommended that Council authorize Change Order No. 3 for Fire Station No.4. Additional modifications requested by the Fire Depart- ment and the architect will amount to $1,876.42. The TV antenna and mast and the garbage disposal have been deleted and this deletion will amount to $210.00, there- fore the Change Order will increase the contract by $1,666.42 for a total of $210,346.42. (5) As authorized by Council at the October 13, 1981 meet- ing, the 1.8-acre tract of City-owned land on the north side of Lake Ida Road adjacent to the Trinity Evangelical Lutheran Church was offered for possible sale at public auction on December 17, 1981. Mr. L. J. Burger, representing Trinity Evangelical Lutheran Church, Inc. was the only bidder in the amount of $55,000. It is recommended that Council accept the offer to pur- chase the tract of land. (6) It is recommended that the South Central Regional Waste- water Treatment and Disposal Board Resolution No. 9-81 increasing the wholesale sewage user charges be approved. This resolution was adopted at the SCRWTD Board Special Meeting on December 21, 1981 and requires ratification by the Cities of Delray Beach and Boynton Beach. (7) As discussed at the workshop meeting on January 5th, Council is to consider designating the day immediately preceding the regular meeting of the civil Service Board in April of each year as the City employee election date for the Civil Service Board. Approval is recommended. (8) As discussed at the January 5th workshop meeting, Council is to consider the appointment of Matt Gracey, Jr. as a PREFACE 1-12-82 Page 1 6. b. (8) regular member of the Board cf Adjustment to the un- expired term of Donald DeRenzo ending March 15, 1984 and the appointment of Donald DeRenzo as an alternate member to the unexpired term of Matt Gracey, Jr. ending March 15, 1983. Approval is recommended. (9) Pursuant to Section 23-17(e) of the Code of Ordinances the otherwise required minimum right-of-way for Congress Park and Saddle Ridge would not be feasible and since a reduction would not endanger public safety and welfare, it is recommended that a reduced right-of-way to 40 feet be granted. This was discussed at the workshop meeting on January 5th. (10) As discussed at the January 5th workshop meeting, Council is to consider approval of use of Miller Park as a park- ing facility for Laver's Tennis Tournament to be held January 25th to January 31, 1982, subject to approval by the City Attorney's office relative to indemnification of insurance requirements. (11) The following bids were received for construction of two rain shelters at the Delray Beach Country Club: Bidder Quotation Norene Construction Co., Inc. Delray Beach $21,200 Larry Smith Construction Lantana 25,000 James E. Chapman Delray Beach 30,76~ It is recommended that the award be made to the low bidder, Norene Construction Company, Inc. in the amount of $21,200, with funds to come from funds generated from 1980-81 revenue. This was discussed at the January 5th workshop meeting. (12) The following bids were received for the purchase of vertical blinds for the pro shop, ladies' locker room and men's locker room at the Delray Beach Country Club: Bidder Quotation Cusimano Interiors Boynton Beach $1,770.00 Keeler, Inc. Delray Beach 2,400.00 Transart Industries Delray Beach 3,432.50 It is recommended that the purchase be made from the low bidder, Cusimano Interiors in the amount of $1,770.00 with funds to come from funds allocated in the 1981-82 budget. This was discussed at the workshop meeting on January 5th. PREFACE 1-12-82 Page 2 6. b. 13) The fOllowing bids werE, received for the purchase of a 72" outfront rotary mower for the Delray Beach Country Club: Bidder Quotation Degens Turf & Garden Miramar $6,000.00 One Stop Lawn & Garden Boca Raton 8,490.00 Turfco Industries Hialeah 9,000.00 Hector Turf & Garden, Inc. Miami 9,550.00 DeBra Hollywood 9,884.00 Kut-Kwik Hollywood 10,740.00 It is recommended that the purchase be made from One Stop Lawn & Garden in the amount of $8,490.00, with funds to come from funds allocated in the 1981-82 budget. The item quoted by De~ens Turf & Garden did not meet specifications. This was discussed at the January 5th workshop meeting. (14) The City is in receipt of an application from Delray Executive Square, Ltd. for City water and sewer service to serve 4.419 acres on West Atlantic Avenue approximately one mile west of Military Trail, which is outside the City. The property is to be used for a professional building. It is recommended that Council approve execution of the City's standard water service/annexation agreement which will permit the City to provide the requested water service to the applicant. This was discussed at the workshop meeting on January 5th. (15) A request has been received from Laver's Resort & Racquet Club for a permit to erect a 80' x 160' tent to be used during the Laver's Tennis Tournament from January 26th to January 31, 1982. A certificate stating that the tent has been flame retardant treated has been received. This was discussed at the January 5th workshop meeting. Approval is recommended. (16) A communication has been received from The American Cancer Society, Palm Beach County Unit, Florida Division, Inc. request~ng permission to solicit funds from Marcp 7th to March 13, 1982. .. Approval is recommended. (17) The City is in receiptof.an application from pebb Enterprises, a Florida General Partnership for City water and sewer service to serve 2.25 acres, located on the east side of Military Trail, north of Atlantic PREFACE 1-12-82 Page 3 6. b. (17) Avenue, which is outside the City. This is an exist- ing shopping center. It is recommended that Council approve execution of the City's standard water service/annexation agreement which will permit the City to provide the requested water serv- ice to the applicant. (18) Resolution No. 1-82 establishing a deferred compensation plan for certain City personnel with the International City Management Association has been prepared for Council consideration at the meeting Tuesday night. Approval is recommended. (19) Resolution No. 2-82 abandoning all rights-of-way previ- ously dedicated to the City within the Hamlet Sub- division has been prepared for Council consideration at Tuesday night's meeting. (20) The Planning & Zoning Board at a meeting held on December 21st, recommended by unanimous vote that the request to rezone a 30.59-acre parcel of land from R-1AA (Single Family Dwelling) District in part and RM-15 (Multiple Family Dwelling) District in part, to SAD (Special Activities District) and the further conditional use and site and development plan to allow an office park for Congress Park, located south of Atlantic Avenue, be- tween Congress Avenue and the E-4 Canal, be approved subject to: a) City Engineer's memorandum of December 18, 1981. b) Public Utilities' memorandum of November 13, 1981. c) Allowing only business and professional offices to locate in this development. d) A time limitation of 18 months be set for develop- ment of the project. e) Approval by the Board of Adjustment to allow the continuous hedge, as required by Section 30-l7(J) "District Boundary Line Regulations", to be located on the residentially zoned property rather than the SAD zoned property. f) Approval by the Fire Department. This was discussed at the January 5th workshop meeting. Approval is recommended. (21) The Planning & Zoning Board at a meeting held on December 21, 1981, recommended by unanimous vote that an amendment to the Comprehensive Plan to change the Land Use Plan designation for a 24.25-acre parcel of land from SF (Single Family) to PRD-4 (Planned Resi- dential (4 units/acre) and rezone from R-1AA (Single Family Dwelling) District to PRD-4 (Planned Residential District) and the further site and development plan to allow 97 single family dwelling units for Saddle Ridge, located south of Atlantic Avenue, between Congress Avenue and the E-4 Canal be approved, subject to: a) City Engineer's memorandum of December 18, 1981. b) Public Utilities' memorandum of November 13, 1981. c) That the developer pay to the City, a sum of money to be determined by the proposed "Park and Recre- ation Land Dedication" ordinance when adopted by City Council. d) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the workshop meeting on January 5th. PREFACE 1-12-82 Page 4 REGULAR AGENDA 6. d. As discussed at the January 5th workshop meeting, Council is to consider at Tuesday night's meeting the reversal of exchange of property between the City and Namil Corporation. e. As decided at the January 5th workshop meeting, Council is to continue discussion of the garbage and trash collection bid. 8. a. Ordinance No. 78-81 relative to annexing a parcel of land located on the south side of Avenue "L", between Frederick Boulevard and Spanish Trail, subject to RM-10 (Multiple Family Dwelling) District has been prepared for Council con- sideration on Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the November 11, 1981 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. 81-81 has been prepared for Council consideration on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Ordinance No. 17-79 requir- ing that the development of the Gulfstream Bank drive-in facility, located at the southeast corner of U. S. No.1 and Linton Boulevard be constructed in accordance with the site and development plans prepared by McCall and Lynch. This ordinance was passed on First Reading at the December 8, 1981 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. 82-81, amending Chapter 9 "Buildings and Con- struction" of the Code of Ordinances relative to a minimum fine of $15.00 per day for any violation of the sign ordi- nance 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 December 8, 1981 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. 83-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to building setbacks. This ordinance was passed on First Reading at the December 8, 1981 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. e. Ordinance No. 84-81, amending Chapter 8 "Boats and Boating" of the Code of Ordinances re docking rates 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 December 8, 1981 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 p~~ri~s m2Y b~ h~~r~_ PREFACE 1-12-82 Page 5 8. f. Ordinanc= No. 85-81 relative to the adoption of the 1979 edition of the Southern Standard Gas Code as compiled by the Southern Building Code Congress 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 December 8, 1981 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. g. Ordinance No. 86-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Section 9-183 of the City's Code of Ordinances by adopting the 1979 edition of the Southern Standard Housing Code. This ordinance was passed on First Reading at the December 8, 1981 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. h. Ordinance No. 87-81, amending Chapter 9 "Buildings and Con- struction" of the Code of Ordinances relative to instal- lation and maintenance of landscaping 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 December 8, 1981 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. i. Ordinance No. 90-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 29 "Water and Sewers" of the Code of Ordinances relative to providing for notice to the owner of the property of the City's intent to file a lien against the property for the amount of the unpaid water bill. This ordinance was passed on First Reading at the December 15, 1981 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. j. Ordinance No. 1-82 relative to annexing a 5.2l-acre parcel of land located on the south side of the L-32 Canal between Congress Avenue and the Seaboard Airline Railroad, subject to MI (Medium Industrial) District has been prepared for Council consideration on First Reading at the meeting Tuesday night. This property is presently zoned in the County as IG (General Industrial) . Second and FINAL Reading and public hearing will be held at the meeting on February 9th. k. Ordinance No. 2-82 providing for Charter changes to Article V "Elections" relative to elections has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the workshop meeting on January 5th. PREFACE 1-12-82 Page 6 8. 1. Or-dinance No. 3-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to storage buildings has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the workshop meeting on January 5th. PREFACE 1-12-82 Page 7