01-13-81Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
January 13, 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 December 16, 1980.
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 execution of an agreement between the
City and Broward Piling, Inc. relative to dredging of canals
in Tropic Isles.
(2) Consider authorizing execution of Mutual Aid Agreement be-
tween the City and Del-Trail Fire Control Tax District
No.9.
(3) Consider appointments to the Code Enforcement Board.
(4) Consider appointments to the Board of Construction Appeals.
(5) Consider authorizing appraisal of park and recreation
land -- Lake Ida Road and Barwick Road vicinity.
(6) Consider request for solicitation of funds -- V.F.W. Post
4141.
(7) Consider request for water and sewer service outside the
City limits -- 4518 Franwood Drive (John L. and Maggie L.
Hardin, applicants).
(8) Consider adoption of Resolution No. 2-81 relative to exer-
cise equipment for the Police Department and materials to
renovate the Police building.
(9) Consider adoption of Resolution No. 4-81 relative to in-
stallation of well and pump at Miller Park.
(10) Report from the Planning & Zoning Board relative to site
and development plan approval extension -- Marina Del Rey.
(11) Report from the Planning & Zoning Board relative to condi-
tional use, site and development plan approval extension __
Congress Square Shopping Center.
(12) Report from the Planning & Zoning Board relative to site
and development plan approval -- Linton Lake.
REGULAR AGENDA
c. Consider authorizing construction of entrance street to Carver
Estates.
d. Consider purchase of Police cars.
7. Petitions and Communications
a. Consider request for water and sewer service outside the City
limits -- West of Ella and Bessie Streets; north of Linton
Boulevard, between S. W. lOth Avenue and S. W. 8th Avenue
(Linton Woods/Valdev Development Corporation, applicant).
8. Resolutions and Ordinances
a. Consider adoption of Resolution No. 1-81 relative to comply-
ing with the spirit and intent of Palm Beach County's "Clean
Indoor Air Ordinance".
b. Consider adoption of Resolution No. 3-81 relative to nuisance
violation -- Barwick Road and Lake Ida Road.
c. Second and FINAL Reading of Ordinance No. 60-80 relative to
fire wall requirements for screened enclosures.
d. Second and FINAL Reading of Ordinance No. 72-80 relative to
changing the City's Land Use Plan designation for a parcel
located within boundaries of Avenue "A" on the north, Avenue
"E" on the south, Florida Boulevard on the east and Frederick
Boulevard on the west.
e. Second and FINAL Reading of Ordinance No. 73-80 relative to
changing the City's Land Use Plan designation for a parcel
located in Golf Park SUbdivision, north of Lowson Boulevard.
f. Second and FINAL Reading of Ordinance No. 74-80 relative to
changing the City's Land Use Plan designation and rezoning of
a parcel of land located north of Lawson Boulevard between
Dover Road and Homewood Boulevard.
g. Second and FINAL Reading of Ordinance No. 75-80 relative to
changing the City's Land Use Plan designation and rezoning of
a parcel of land located on the north and south sides of
Miramar Drive, between Gleason Street and AlA.
h. Second and FINAL Reading of Ordinance No. 76-80 relative to
changing the City's Land Use Plan designation and rezoning of
a parcel of land located on the north side of Ingraham Avenue
between Gleason Street and AlA.
i. Second and FINAL Reading of Ordinance No. 77-80 relative to
changing the City's Land Use Plan designation and rezoning of
a parcel of land located north of Bay Street, between Venetian
Drive and AlA.
j. Second and FINAL Reading of Ordinance No. 78-80 relative to
changing the City's Land Use Plan designation and rezoning of
a parcel of land located on the north side of Casuarina Road,
between Gleason Street and AlA.
k. Second and FINAL Reading of Ordinance No. 79-80 relative to
changing the City's Land Use Plan designation and rezoning of
a parcel of land located at the southwest corner of Lake Ida
Road and Barwick Road.
1. Second and FINAL Reading of Ordinance No. 82-80 relative to
annexation -- Northwest corner of S. W. 4th Avenue and South-
ridge Road (Robert and Eileen McTeague, applicants).
m. Second and FINAL Reading of Ordinance No. 83-80 relative to
screened enclosures (Planned Residential Districts).
n. Second and FINAL Reading of Ordinance No. 84-80 relative to
access limitations in commercial zoning districts.
AGENDA 1-13-81
Page 2
8. o. Second and FINAL Reading of Ordinance No. 85-80 relative to
monthly sewer rate charges.
p. Second and FINAL Reading of Ordinance No. 86-80 repealing Palm
Beach County's no smoking ordinance.
q. First Reading of Ordinance No. 1-81 relative to noise control
(property boundary).
r. First Reading of Ordinance No. 2-81 relative to annexation __
South of Germantown Road between Congress Avenue and the SAL
Railroad (Leo A. and Joan M. Blair, applicants).
s. First Reading of Ordinance No. 3-81 relative to annexation
South of Germantown Road, between Congress Avenue and the SAL
Railroad (Robert D. and Virginia M. Horner, applicants).
t. First Reading of Ordinance No. 4-81 relative to annexation
East side of Federal Highway between Linton Boulevard and S. E.
10th Street, if extended east (Donald Thompson, applicant).
9. Reports
None.
AGENDA 1-13-81
Page 3
PRE F ACE
6. b.
CONSENT AGENDA
(1) It is recommended that Council authorize execution of an
agreement between the City and Broward Piling, Inc. rela-
tive to dredging in Granada, South Grande and Trinidad
canals.
The dredging was required because of siltation resulting
from the sanitary sewer project by Bumby & Stimpson. A
lawsuit was brought against Bumby & Stimpson and a court
settlement in the amount of $20,000 was awarded to the
City.
Bids were taken on the project, but because the bid
quotations exceeded $20,000, the Engineering Department
negotiated with Broward Piling to do the work. Broward
Piling verbally committed to do the work for less than
$15,000.
A contract was drawn up
for signature, however,
contract was executed.
which will be paid from
the City.
and submitted to Broward Piling
the work was completed before the
Cost of the work was $11,872,
the $20,000 settlement awarded
(2) As discussed informally at the January 6th workshop meet-
ing, Council is to consider at Tuesday night's meeting
authorizing execution of a Mutual Aid Agreement between the
City and Del-Trail Fire Control Tax District No.9.
(3) As discussed at the January 8th workshop meeting, Council
is to consider at Tuesday night's meeting the appointments
of the following alternate members of the Code Enforcement
Board: Norma Simon (Businessperson) to a term ending
January 14, 1984; Robert J. McDonald (General Contractor)
to a term ending January 14, 1983; Betty Diggans (Real
Estate Person) to a term ending January 14, 1983; and
William H. Merriam (Architect) to a term ending January
14, 1984. Council may also consider the reappointment of
Ron Sanson as a regular member to a term ending January
14, 1984. Mr. Sanson is willing to serve if reappointed.
(4) If Council is ready to do so at Tuesday night's meetinq,
consideration may be given to the reappointments of Richard
Hanna and Matt Gracey as members of the Board of Construc-
tion Appeals to terms ending January 8, 1984.
Don MacLaren, a licensed sign contractor, is presently an
alternate member of the Community Appearance Board. He
prefers to serve on the Board of Construction Appeals.
If appointed, his term would expire on January 8, 1984.
(5) As discussed at the workshop meeting on January 6th,
Council is to consider authorizing appraisal of the pro-
posed park and recreation land to be located in the
vicinity of Lake Ida Road and Barwick Road.
The amount of uncommitted money from the sale of City land
is $275,400 (with only the $57,000 for the traffic signal-
ization on Federal Highway at Lindell being deducted from
the amount received) .
If action other than the above is desired by Council at
Tuesday night's meeting, it is recommended that that be
handled by separate action after approval of the Consent
Agenda item above approving the obtaining of a property
appraisal.
6. b.
(6) A communication has been received from V.F.W. Post 4141
requesting permission to solicit funds on March 20th and
21st, approval of which is recommended by the Solicitations
Committee.
(7) The City is in receipt of an application from John L. and
Maggie L. Hardin for City water service to serve 4518
Franwood Drive, which is outside the City. This is a
single family residence.
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.
(8) Resolution No. 2-81 relative to authorizing the purchase
of exercise equipment for the Police Department and the
materials needed to renovate the second floor of the
Police building to accommodate such equipment has been
prepared for Council consideration at the meeting Tuesday
night. The funding for these purchases is to come from
the law enforcement trust fund.
Council approved institution of the physical fitness pro-
gram on November 25, 1980.
(9) The following bids have been received to install an 8" well
and pump at Miller Park:
Bidder
Quotation
Baxter Well Drilling
Boynton Beach
$11,335.55
Webb's Well Drilling
Jupiter
22,400.00
A.E.C.O.A.
Lake Worth
21,083.00
It is recommended that the contract
bidder, Baxter Well Drilling in the
by passage of Resolution No. 4-81.
be awarded to the low
amount of $11,335.55
(10) The Planning & Zoning Board at a meeting held on December
23, 1980, recommended by unanimous vote that the site and
development plan approval extension for Marina Del Rey,
located north of N. E. 8th Street between Palm Trail and
the Intracoastal Waterway be extended for one year to
January 14, 1982.
This was discussed at the workshop meeting on January 6th.
(11) The Planning & Zoning Board at a meeting held on December
23, 1980, recommended by unanimous vote that the condi-
tional use, site and development plan approval for
Congress Avenue Shopping Center, located at the southwest
corner of Atlantic Avenue and Congress Avenue be extended
for six months to July 9, 1981.
This was discussed at the January 6th workshop meeting.
(12) The Planning & Zoning Board at a meeting held on October
20, 1980, recommended by unanimous vote that the site and
development plan for Linton Lake to allow 188 single family
dwelling units on 57.76 acres at the southwest corner of
Congress Avenue and Linton Boulevard be approved, subject
to:
(a) City Engineer's memorandum of September 22, 1980.
PREFACE 1-13-81
Page 2
6. b. (12)
(b) Director of Public utilities memorandum of
September 12, 1980.
(c) A time limitation of 18 months be set for devel-
opment of the project.
This was discussed at the January 6th workshop meeting.
REGULAR AGENDA
c. It is again recommended that Council authorize construction of
an access street to serve Carver Estates by extending S. W.
lOth Avenue southward to the northeast corner of Carver Estates.
This is a long standing request of the Housing Authority and
was last considered (but not approved) by Council at a work-
shop meeting held on November 18, 1980. Mayor Weekes asked
that the matter be placed on Tuesday night's agenda for re-
consideration by Council.
The estimated cost is $50,000, which can be funded from pro-
ceeds of the sale of City lands. The uncommitted balance of
these funds is $275,400. If Council wishes, this funding could
be considered to be interim, with the final funding source to
be determined when and if sufficient funds from another source
become available. This action would permit the project to be
initiated. It is possible that additional funds will be avail-
able by the time the project is completed, possibly from sale
of City owned land.
d. The following bids have been received for the purchase of Police
cars:
Standard Size
Mid-Size
State Contract
$7,182.40
$7,026.37
Earl Wallace Ford
7,803.31
No Bid
Adams Chevrolet
8,370.00
8,195.00
It is recommended that 10 mid-size cars be purchased at the
low bid price of $7,026.37 per car by State contract through
an agency in Hollywood, Florida. The purchase price, without
trade-ins, totals $70,263.70. It is recommended that fund-
ing be by the $54,000 federal revenue sharing funds budgeted
for this purpose and a transfer of $16,263.70 from the general
fund contingency account.
The $54,000 budgeted for the purchase of 10 Police cars con-
templated trading in 10 cars. It is felt that it would be to
the City's advantage to buy the cars without trade-ins, transfer
10 Police cars to other departments to replace older and/or
cars in worse condition and auction off the departmental cars.
Anticipated delivery time on the new cars is 45 to 60 days.
7. a. The City is in receipt of an application from Linton Woods/
Valdev Development Corporation for City water service to serve
four acres located west of Ella and Bessie Streets; north of
Linton Boulevard, between S. W. 10th Avenue and S. W. 8th
Avenue, which is outside the City. The property is presently
vacant and the proposed use is for townhouses.
This was discussed at the workshop meeting on January 6th, the
primary deterrent to approval being that the proposed use does
not comply with the City's Land Use Plan which calls for single
family use.
8. a. Resolution No. 1-81 urging all businesses in and residents of
the City to comply with the spirit and intent of Palm Beach
County's Ordinance No. 80-10, "Clean Indoor Air Ordinance"
PREFACE 1-13-81
Page 3
8. a. has been prepared for Council consideration at Tuesday night's
meeting.
b. Resolution No. 3-81 affirming the administrative determination
or Resolution No. 3-81 reversing the administrative determin-
ation that a nuisance exists in regard to the Fleming and
Coury property in the vicinity of the northeast corner of
Barwick Road and Lake Ida Road has been prepared for Council
consideration at the meeting Tuesday night.
Council, at the December 16th meeting, decided to take this
under advisement and reconsider it at the meeting Tuesday night.
c. Ordinance No. 60-80, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to amending the RM (Multiple Family
Dwelling) Districts with respect to fire wall construction
requirements for screened enclosures has been prepared for
Council consideration on Second and FINAL Reading at the meet-
ing Tuesday night. This ordinance was passed on First Read-
ing at the December 16, 1980 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. 72-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will change the City's
Land Use Plan designation in the Comprehensive Plan from
C (Commercial) to MF-15 Multiple Family (15 units/acre) for a
parcel located within the boundaries of Avenue "A" on the
north, Avenue "E" on the south, Florida Boulevard on the east
and Frederick Boulevard on the west. This ordinance was
passed on First Reading at the November 25, 1980 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. 73-80 relative to changing the City's Land Use
designation in the Comprehensive Plan from SF (Single Family)
to MF-15 Multiple Family (15 units/acre) for a parcel located
north of Lawson Boulevard between S. W. 20th Court and the
Delray Beach Country Club 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 25, 1980 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.
f. Ordinance No. 74-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will change the City's Land
Use designation in the Comprehensive Plan for a parcel located
north of Lawson Boulevard between Dover Road and Homewood
Boulevard from MP-6 Multiple Family (6 units/acre) to MF-IO
Multiple Family (10 units/acre) and rezoning the property
from PRD-7 (Planned Residential) District to RM-IO (Multiple
Family Dwelling) District. This ordinance was passed on
First Reading at the November 25, 1980 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.
PREFACE 1-13-81
Page 4
8. g. Ordinance No. 75-80 relative to changing the City's Land Use
designation in the Comprehensive Plan for a parcel located
on the north and south sides of Miramar Drive, between Gleason
Street and AlA from MF-15 Multiple Family (15 units/acre) to
SF Single Family and rezoning the property from RM-15 (Multiple
Family Dwelling) District to R-IA (Single Family Dwelling)
District has been prepared for Council consideration on Second
and FINAL Reading at the meeting Tuesday night. This ordi-
nance was passed on First Reading at the November 25, 1980
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. 76-80 has been prepared for Council consider-
ation on Second and FINAL Reading at Tuesday night's meeting.
This ordinance, if passed, will change the City's Land Use
designation in the Comprehensive Plan for a parcel located
on the north side of Ingraham Avenue, between Gleason Street
and AlA from MF-15 Multiple Family (15 units/acre) to SF
Single Family and rezoning the property from RM-15 (Multiple
Family Dwelling) District to R-1AA (Single Family Dwelling)
District. This ordinance was passed on First Reading at the
November 25, 1980 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. 77-80 relative to changing the City's Land Use
designation in the Comprehensive Plan for a parcel located
north of Bay Street, between Venetian Drive and AlA from
MF-15 Multiple Family (15 units/acre) to SF Single Family and
rezoning the property from RM-15 (Multiple Family Dwelling)
District to R-IA (Single Family Dwelling) District 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 November 25, 1980 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. 78-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will change the City's
Land Use designation in the Comprehensive Plan for a parcel
located on the north side of Casuarina Road, between Gleason
Street and AlA from MF-15 Multiple Family (15 units/acre) to
SF Single Family and rezoning the property from RM-15 (Multiple
Family Dwelling) District to R-lAA (Single Family Dwelling)
District. This ordinance was passed on First Reading at the
November 25, 1980 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.
k. Ordinance No. 79-80 relative to changing the City's Land Use
designation in the Comprehensive Plan for a parcel located
at the southwest corner of Lake Ida Road and Barwick Road
from MF-6 Multiple Family (6 units/acre) to SF Single Family
and rezoning the property from RM-6 (Multiple Family Dwelling)
District to R-IA (Single Family Dwelling) District has been
PREFACE 1-13-81
Page 5
8. k. prepared for Council consideration on Second and FINAL Read-
ing at the meeting Tuesday night. This ordinance was passed
on First Reading at the November 25, 1980 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.
1. Ordinance No. 82-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will annex a 19,250 square
foot parcel of land located at the northwest corner of S. W.
4th Avenue and Southridge Road. This ordinance was passed on
First Reading at the December 16, 1980 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.
m. Ordinance No. 83-80, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to allowing screened enclosures in
setback areas in the PRD Districts has been prepared for
Council consideration on Second and FINAL Reading at the meet-
ing Tuesday night. This ordinance was passed on First Reading
at the December 16, 1980 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.
n. Ordinance No. 84-80 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 prohibiting
access to streets and alleys for commercial property which
abuts residentially zoned property. This ordinance was
passed on First Reading at the December 16, 1980 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.
o. Ordinance No. 85-80, amending Chapter 29 "Water and Sewers"
of the Code of Ordinances relative to monthly sewer rate
charges has been prepared for Council consideration on Second
and FINAL Reading at the meeting Tuesday night. This ordi-
nance was passed on First Reading at the December 16, 1980
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.
p. Ordinance No. 86-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday night.
This ordinance, if passed, will repeal Palm Beach County's no
smoking ordinance in order to exempt the municipal boundaries
of the City from its provisions. This ordinance was passed on
First Reading at the December 16, 1980 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.
PREFACE 1-13-81
Page 6
8. q. Ordinance No. 1-81, amending Chapter 16 "Offenses-Miscella-
neous", Article II, "Noise Control" of the Code of Ordinances
relative to real property boundary has been prepared for
Council consideration on First Reading at the meeting Tuesday
night.
r. Ordinance No. 2-81 relative to annexing a 1.84-acre parcel of
land, located south of Germantown Road between Congress Avenue
and the SAL Railroad subject to LI (Light 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 CG (General
Commercial) .
Council, at the November 10, 1980 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 February 10th.
s. Ordinance No. 3-81 relative to annexing a 2.391-acre parcel of
land, located south of Germantown Road, between Congress Avenue
and the SAL Railroad, subject to LI (Light 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 AG (Agri-
cultural).
Council, at the November 10, 1980 meeting, requested permis-
sion 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 February 10th.
t. Ordinance No. 4-81 relative to annexing a four-acre parcel of
land located on the east side of Federal Highway, between
Linton Boulevard and S. E. 10th Street, if extended east, has
been prepared for Council consideration on First Reading at
the meeting Tuesday night.
The Planning & Zoning Board at a meeting held on August 26,
1980, recommended by unanimous vote that the subject property
be annexed as RM-15 (Multiple Family Dwelling) District since
this request is in conformance with the Land Use Plan.
Second and FINAL Reading and public hearing will be held at
the February 10th meeting.
PREFACE 1-13-81
Page 7