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02-10-81 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING February 10, 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 January 27, 1981 and special meeting of January 28, 1981. 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 approval of the Delray Affair. (2) Consider revising the route for the bicycle path -- N. E. 8th Street between Swinton Avenue and the vicinity of St. Vincent's School property. (3) Consider authorizing execution of an agreement between the City and Palm Beach County relative to construction of bicycle paths. (4) Consider approving liquidated damages settlement -- Island Drive Bridge. (5) Consider awarding a contract for highway modifications and roadway paving -- U. S. No.1, Lindell Boulevard, Avenue "L" and Florida Boulevard. (6) Consider directing the City Clerk to send the notice re- quired for City initiated rezoning -- Part of Hamlet (Parcels "J" and "K"). (7) Appointment of Clerks and Inspectors for the upcoming election. (8) Consider ratification of minutes of South Central Regional Wastewater Treatment and Disposal Board's meeting of December 15, 1980 to proceed with the final plans and specifications for the liquid phase expansion of the Regional Facility. (9) Consider ratification of minutes of South Central Regional Wastewater Treatment and Disposal Board's meeting of January 14th relative to odor control program at the Regional Facility. (10) Consider execution of Developers Utility Service Agree- ment -- Abbey Delray South. (11) Consider membership dues refund policy -- Delray Beach Country Club. (12) Consider authorizing payment of MICA bill for Cemetery Study. (13) Consider request for solicitation of funds Council No. 4839 Knights of Columbus. Trinity 6. b. (14) Consider request for solicitation of funds -- American Cancer Society. (15) Consider request for water and sewer service outside the City limits -- West of Military Trail on the north side of Delray West Road (Richard J. Haft, Trustee). (16) Consider adoption of Resolution No. 6-81 requesting that the State Legislature repeal amendments made to the Florida Banking Code. (17) Report from the Planning & zoning Board relative to site and development plan approval -- Domaine Delray. REGULAR AGENDA c. Consider authorizing execution of a purchase agreement between the City and Duncan Industries relative to parking meters. d. Consider designating Council Member as a representative for the testing of the Automatic Tabulating Equipment relative to the Delray Beach Municipal Election. 7. Petitions and Communications a. Acknowledge minutes of Beautification Committee meeting of January 7, 1981. 8. Resolutions and Ordinances a. Consider adoption of Resolution No. 7-81 relative to purchase of Bermuda sod for Miller Park Phase II. b. 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. c. Second and FINAL 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). d. Second and FINAL 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). e. Second and FINAL 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). f. First Reading of Ordinance No. 5-81 relative to annexation -- West side of U. S. No.1, between Linton Boulevard and S. E. lOth Street. g. First Reading of Ordinance No. 6-81 relative to rezoning request -- West side of U. S. No.1, between Linton Boulevard and S. E. 10th Street. AGENDA 2-10-81 Page 2 6. b. CONSENT AGENDA PRE F ACE (1) It is recommended that Council approve, by motion, the 1981 Delray Affair for April 24th through April 26, 1981 inclusive, as requested by the Delray Affair Committee. (2) The City's Comprehensive Plan includes a map of the City's bicycle path system. One of the proposed routes is along Dixie Boulevard connecting from Swinton Avenue over to St. Vincent's School vicinity. This bicycle path route was one of the projects included in the Bond Issue. A petition consisting of 160 names has been submitted to the City requesting that the bicycle route be changed from Dixie Boulevard to N. E. 8th Street. This change is also endorsed by Mr. Clare Short who represents the Bicycle Path Committee. It is recommended that the bicycle path be changed from Dixie Boulevard to N. E. 8th Street between Swinton Avenue and the vicinity of St. Vincent's School property. (3) Palm Beach County has approved matching funds for the City's three bicycle path projects which were included in the Bond Issue. The bicycle routes include Linton Boulevard from Germantown Road to the FEC tracks; S. w. 4th Avenue from Linton Boulevard to S. W. 10th Street; and N. E. 8th Street between Swinton Avenue and the vicinity of St. Vincent's School property. The County agreed to matching funds up to an amount of $23,000 and the County now has the Federal Revenue Sharing Funds available. It is recommended that Council authorize execution of an agreement between the City and Palm Beach County for construction of these bicycle paths. (4) As discussed at workshop on January 3rd, it is recommended that Council approve the levying of liquidated damages in the amount of $1,000 to be paid by the contractor that built the Island Drive Bridge. (5) One bid was submitted for the highway modification and roadway paving for U. S. No.1, Lindell Boulevard, Avenue "L" and Florida Boulevard by Hardrives of Delray, Inc. in the amount of $85,435. The contract provides for the requested improvements with the exception of that little portion of Frederick Boule- vard which was deleted until such time as the right-of- way is obtained and arrangements worked out to have this connection paved through to Tropic Isle Drive. The estimate for this work was $93,325, which does not in- clude a median cut on Federal Highway for access to the Keeler property. Council approved this project on November 25, 1980. It is recommended that the contract be awarded to Hardrives of Delray, Inc. in the amount of $85,435 with funding to come from the developer escrowed $40,000 and from proceeds of the sale of City land as discussed. The County is preparing plans for the traffic signal at the intersection which they have committed to install. (6) It is recommended that Council direct the City Clerk to send the notice required for City initiated rezoning 6. b. (6) under Chapter 166 of the Florida Statutes relative to part of Hamlet (Parcels "J" and "K"). Council approved the rezoning request at the January 27th meeting as recommended by the Planning & Zoning Board. (7) 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 numbers of Clerks and Inspectors will be selected by the City Clerk, be approved by Council. (8) The SCRWTD Board, at its December 15, 1980 meeting, authorized Russell & Axon to proceed with the final plans and specifications for the liquid phase expansion of the Regional Facility for the next two months at an approxi- mate cost of $50,000 earnings per month. This authorization is subject to ratification by the City Councils of Boynton Beach and Delray Beach. Approval is recommended. (9) The SCRWTD Board, at its January 14th meeting, authorized the commencement of the odor control program at the Regional Facility. This authorization is subject to ratification by the City Councils of Boynton Beach and Delray Beach. Approval is recommended. (10) A Developers Utility Service Agreement has been received from Abbey Delray South for the providing of water and sewer service to the area located at 1717 Homewood Boulevard. In accordance with City policy, the developer has deposit- ed a check in the amount of $24,800 in the City's Devel- opers' Fund to cover $62.50 per living unit for sewer and $37.50 per living unit for water for 248 units. It is recommended that Council approve the execution of the agreement by motion at Tuesday night's meeting. (11) As discussed at workshop on January 3rd, it is recom- mended that Council establish a Country Club membership dues refund policy to provide, upon application, for prorata refund of membership dues (1) to spouses of deceased members, and (2) to members who move away pro- vided there is a name on the waiting list to fill the vacated membership slot. (12) It is recommended that Council authorize payment of $16,994.70 to MICA as full payment for the Cemetery Study. The $16,994.70 is arrived at by multiplying the City's annual savings estimated amount of $18,883.04 by 90% as provided by contract. MICA's estimated annual savings figure submitted was $37,933, however, MICA is agreeabLe to accepting the City's lower figure which was arrived at as follows: (a) Foreman Roy Penn moved to Parks Division with half of his time being used in cemetery work. (b) One laborer moved to Parks Division without increas- ing authorized strength of Parks. PREFACE 2-10-81 Page 2 6. b. (12) As a result, savings are as follows: 1/2 Roy Penn ($14,000 ~ 2) 1 Laborer Christmas Bonus FICA 1/4 @ 6.13% 3/4 @ 6.65% Health and Life Insurance Uniforms $ 7,450.00 9,610.00 75.00 $262.59 854.61 1,117.20 506.34 124.50 Estimated Total Savings $18,883.04 (13) A communication has been received from Trinity Council No. 4839 Knights of Columbus requesting permission to solicit funds on March 27th and March 28, 1981, ap- proval of which is recommended by the Soliciations Committee and the administration. (14) A communication has been received from the American Cancer Society requesting permission to solicit funds from March 14th through March 20, 1981, approval of which is recommended by the Solicitations Committee and the administration. (15) The City is in receipt of an application from Richard J. Haft, Trustee for City water service to serve 4.2 acres located west of Military Trail on the north side of Delray West Road, which is outside the City. The property is presently vacant and the proposed use is for a pro- fessional office building. This was discussed at the February 3rd workshop meeting. It was the consensus of Council to not grant water service. It is recommended that the water service request be denied. (16) Resolution No. 6-81 requesting the State Legislature to repeal amendments they made to the Florida Banking Code during the 1980 session has been prepared for Council consideration at the meeting Tuesday night. This was discussed at the January 20th workshop meeting. It is recommended that the resolution be adopted. (17) The Planning & Zoning Board at a meeting held on January 27th, recommended by a vote of 5 to 1 (Simon dissenting) that the site and development plan for Domaine Delray, located on the east side of Federal Highway, between Linton Boulevard and S. E. 10th Street, be approved, subject to: (a) City Engineer's memorandum of January 26th. (b) Director of Public Utilities' memorandum of December 15, 1980. (c) Annexation of the property. (d) A time limitation of 18 months be set for develop- ment of the project. This was discussed at the February 3rd workshop meeting. Approval is recommended. REGULAR AGENDA c. Council adopted Resolution No. 114-80 at the November 25, 1980 meeting authorizing purchase of parking meters. When we double checked the quantity of meters to be ordered, it was determined that more duplex meters could be installed. PREFACE 2-10-81 Page 3 6. c. Also there were several locations in the parking lots where quadraplex (four meters on one post) could be installed. This reflected a saving for the City in both the type of meters and the installation cost (because of the reduction in the number of required posts and installations) and on this basis, we asked Duncan to revise the purchase. By making this savings the City is able to obtain needed parking meter repair equipment and the resulting total cost is the same as originally contracted. It is recommended that Council authorize execution of an agree- ment between the City and Duncan industries for purchase of parking meters with revisions in the contract. d. Council should consider designating a Council Member as a representative for the testing on Monday, March 2, 1981 of the Automatic Tabulating Equipment at the Voting Equipment Center, Palm Beach International Building relative to the Delray Beach Municipal Election which will be held Tuesday, March 3, 1981. It is recommended that a Council Member be designated as a representative for the testing. 7. a. The Mayor should acknowledge minutes of the Beautification Committee of January 7, 1981 and refer the item marked for Council attention to the administration for investigation. 8. a. Resolution No. 7-81 relative to ratifying and confirming prior contract negotiations and to award a contract for the purchase of approximately four acres of Bermuda sod for Miller Park Phase II has been prepared for Council consider- ation at the meeting Tuesday night. Stan Cruse and Associates is the only company that has the desired sod available in this quantity at this time. It is recommended that the contract be awarded to Stan Cruse and Associates in the amount of $30,346.20 by passage of Resolution No. 7-81, with funding to come from Bond Issue funds provided for this purpose. b. 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. Council, at the January 13th meeting, continued the public hearing until the February 10th meeting. c. Ordinance No. 2-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will annex 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. This ordinance was passed on First Reading at the January 13th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be PREFACE 2-10-81 Page 4 8. c. held at Tuesday night's meeting in order that any interested parties may be heard. d. 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 Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the January 13th 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. 4-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will annex 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. This ordinance was passed on First Reading at the January 13th 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. 5-81 relative to annexing a parcel of land located on the west side of U. S. No.1, between Linton Boulevard and S. E. 10th Street, subject to SAD (Special Activities) District has been prepared for Council consider- ation on First Reading at the meeting Tuesday night. This property is presently zoned in the County as CG (General Commercial). Council, at the October 14, 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 March 10th. g. Ordinance No. 6-81 relative to rezoning and placing land zoned CG (General Commercial) (County) in SAD (Special Activities) (City) District, located on the west side of U. S. No.1, between Linton Boulevard and S. E. 10th Street has been pre- pared for Council consideration on First Reading at Tuesday night's meeting. Public hearing will be held and consideration will be given to passage on Second and FINAL Reading at the meeting on March 10th. The Palm Beach County Board of Commissioners adopted Resolution No. R-81-88 on January 20th authorizing the rezoning of the property from CG (County) to SAD (City). PREFACE 2-10-81 Page 5