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03-24-81 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING March 24, 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 March 10, 1981 and special meetings of March 3, 1981 and March 5, 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 authorizing Beach engineering services. (2) Consider authorizing Beach maintenance nourishment study. (3) Consider appointment to PERC. (4) Consider authorizing execution of easement deed for Miller Park. (5) Consider execution of Developers Utility Service Agree- ment -- Felner Development Corporation. (6) Consider recreational request -- Plumosa School. (7) Consider acceptance of an easement deed from Holland Builders, Inc. (8) Consider acceptance of an easement deed from Rose C. Mahoney. (9) Consider transfer of $4,000 from the General Fund Con- tingency Account. (10) Consider reply to the Area Planning Board relative to the Metropolitan Planning Organization Unified Planning Work Program. (11) Consider adoption of Resolution No. 20-81 accepting as operational the water main loop installed in Martell Arms Development. (12) Consider adoption of Resolution No. 21-81 relative to awarding a contract for the installation of 24-inch water main in the vicinity of Lowson Boulevard. (13) Report from the Planning & Zoning Board relative to annexation request -- South of Linton Boulevard if extended east, between AlA and the Ocean (Clare W. Miller, applicant). (14) Report from the Planning & Zoning Board relative to conditional use approval extension -- South Palm Professional Plaza. 6. b. (15) Report from the Planning & Zoning Board relative to final plat approval -- XYZ Subdivision. REGULAR AGENDA c. Consider garbage and trash ordinance modification. d. Consider request for amended final plat approval -- Fair- crest Heights. e. Consider building height limitation. 7. petitions and Communications a. Consider request for water and sewer service outside the City -- Irving E. Shore. b. Consider request for water and sewer service outside the City -- Federal Plaza Shopping Center. c. Consider request for water and sewer service outside the City -- West of Ella and Bessie Streets; north of Linton Boulevard, between S. W. 10th Avenue and S. W. 8th Avenue (Linton WoodsjValdev Development Corporation, applicant). d. Consider request for transfer of ownership of Certificate of Public Convenience and Necessity -- Joseph Kovar to Raymond Ciccone. 8. Resolutions and Ordinances a. Consider adoption of Resolution No. 3-81 relative to nuisance violation -- Barwick Road and Lake Ida Road. b. Second and FINAL Reading of Ordinance No. 7-81 relative to rezoning -- Part of Hamlet (Parcels "J" and "K"). c. Second and FINAL Reading of Ordinance No. 8-81 relative to annexation -- Southwest corner of Barwick Road and Palm Ridge Boulevard (A. Merlin and Lora H. Wuebbenhorst, applicants). d. Second and FINAL Reading of Ordinance No. 9-81 relative to annexation -- Southwest corner of Barwick Road and Barrett Street (Clarence J. and Marguerite Downing, applicants). e. Second and FINAL Reading of Ordinance No. 12-81 providing for authority to reduce right-of-way width and paving re- quirements. f. First Reading of Ordinance No. 13-81 relative to annexation __ West side of Lake Drive, between N. W. 22nd Street if extend- ed west and N. W. 18th Street if extended west (Jeffrey D. and Rebecca A. Ahl, applicants). g. First Reading of Ordinance No. 14-81 relative to eliminating two-hour parking on N. E. 1st Avenue. h. First Reading of Ordinance No. 15-81, amending Section 2(a) of Ordinance No. 6-81 to provide for additional conditional uses. 9 . Reports None. AGENDA 3-24-81 Page 2 PRE F ACE CONSENT AGENDA 6. b. (1) It is recommended that Council authorize Arthur V. Strock & Associates, Inc., the City's beach consulting engineers, to provide beach engineering services under the terms of the recently approved City/Strock contract for sand fence, access improvements, vegetation, land- scaping, preparation of funding applications and other miscellaneous engineering services germane to maint- enance of the City's beach and coastal area. (2) The study for beach maintenance nourishment is required on a continuing basis to determine erosion losses. The work involves topographic and hydrographic surveys to evaluate the effectiveness of beach nourishment. It is recommended that Arthur V. Strock & Associates, Inc., consulting engineers, be authorized to perform this work under the terms of the City/Strock contract recently approved by Council. (3) Council at the February 24th meeting, appointed Robert Slager as a regular member of PERC to the unexpired term of Robert Fellows ending March 13, 1984. Since that time, it has been determined that Mr. Slager is employed by the State of Florida, thus making him in- eligible to serve on PERC. The Chairman of PERC has recommended that William Schwartz be appointed to the unexpired term of Robert Fellows ending March 13, 1984. Mr. Schwartz is willing to serve if appointed. A copy of Mr. Schwartz's resume is enclosed. Approval is recommended. (4) It is recommended that Council authorize the execution of a 25-foot easement deed at Miller Park on City owned land. The City is expanding Miller Park and additional power facilities have to be brought over to the site. In order to do this, Florida Power & Light requires an easement as indicated on the attached sketch. (5) A Developers Utility Service Agreement has been received from Felner Development Corporation for the providing of water and sewer service to pine Trail South, south of the L-32 Canal, east of Military Trail. A check in the amount of $4,000 has been deposited in the Development Fund to cover 40 units at $100 per unit ($62.50 for sewer and $37.50 for water). Council approved providing water service to this property in 1976. It is recommended that Council approve execution of the agreement. (6) As discussed at the March 17th workshop meeting, Council is to consider at Tuesday night's meeting the request of Plumosa School that the City make available $9,000 to install a recreational facility play unit at the school. It is recommended that $9,000 be transferred from the General Fund Contingency Account to Parks & Recreation for this purpose. 6. b. (7) It is recommended that Council accept an easement deed from Holland Builders, Inc. for a 10-foot easement in Shadywoods, Phase Two, extending from Lakeview Golf Course to Linton Boulevard. The acquisition of this easement is necessary for storm drain and drainage. (8) It is recommended that Council accept a 15-foot utility easement along U. S. No.1, extending from S. E. lOth Street, south approximately 300 feet from Rose C. Mahoney for the placement of water and sewer piping to the recently annexed Acquilano property. (9) Council, at the February 24th meeting, approved payment of $4,000 for the operation of the Community School Program in Delray Beach for this fiscal year. It is recommended that $4,000 be allocated from the General Fund Contingency Account for this purpose. (10) A communication has been received from the Area Planning Board dated March 17th requesting A-95 Clearinghouse review and comment relative to Metropolitan Planning Organization Unified Planning Work Program. This pro- gram defines tasks and estimated funding requirements for transportation planning so there will be no duplication of effort. This project will not result in any adverse effects to the local natural, social or economic environment and there is no duplication of ongoing projects or programs. Copies of all material relative to the application are enclosed. Approval is recommended. (11) It is recommended that the water main loop installed in Martell Arms Development, located at N. E. 8th Avenue in the vicinity of the extension of N. E. 10th Street be accepted as operational by adoption of Resolution No. 20-81. (12) The following bids have been received for installation of 24-inch water main in the vicinity of Lowson Boulevard: Bidder Quotation vicon Construction Corporation West Palm Beach $385,391.00 Barile Excavating, Inc. Lake Park 385,761.00 Ric-Man Construction, Inc. Sterling Heights, MI F. J. Siller & Company Pompano Beach 393,677.00 398,296.75 Gateway Construction Company Pompano Beach 409,773.00 Campanella Corporation Ft. Lauderdale 419,588.75 CFW Construction Co., Inc. Fayetteville, TN 419,884.50 PREFACE 3-24-81 Page 2 6. b. (15) of the L-32 Canal, between Congress Avenue and the E-4 Canal be approved, subject to the Director of Public utilities' memorandum of March 2nd. Approval is recommended. REGULAR AGENDA 6. c. Council is to consider at Tuesday night's meeting the repeal of Section 12-21(a) of the municipal code (copy enclosed). It is recommended that Section 12-21(a) not be repealed. In the event it is repealed, it is recommended that Council authorize purchase of two trash trucks and the addition of four employees per 6.c. attachment. Enclosed with the agenda information, along with a copy of Section 12-21(a) of the code is a copy of the penalty section of the code, Section 12-2 and a copy of a summary of my comments made at the March 17th workshop meeting regarding this subject. In lieu of repealing Section 12-21(a) of the code, it is recommended that a Code Enforcement Officer be hired. d. A request has been received for amended final plat approval for Faircrest Heights Subdivision, which consists of 66 single family lots on 28.11 acres. The amendment consists of removing certain ambiguous and contradictory language regarding the ownership operation and maintenance of the water management areas from the dedication section of the cover sheet. The original final plat was approved by Council on August 27, 1979. This item is scheduled for consideration at the Planning & Zoning Board meeting to be held on March 23rd. Recommendation from the Planning & Zoning Board will be reported at the meeting Tuesday night. e. As discussed at the March 17th workshop meeting, Council is to consider building height limitation at Tuesday night's meeting. 7. a. As discussed at the March 17th workshop meeting, Council is to consider at Tuesday night's meeting the request from Irving E. Shore for water and sewer service for a 15-acre parcel of land located on the west side of Military Trail and one half mile north of Atlantic Avenue. b. As discussed at the workshop meeting on March 17th, Council is to consider at the meeting Tuesday night the request for water and sewer service for the additional 4.6 acres to be added to Federal Plaza Shopping Center, located at the north- west corner of Military Trail and West Atlantic Avenue. c. An application from Linton Woods/Valdev Development Corpo- ration 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, was discussed at the January 13th Council meeting, at which time Council denied the application and sent the matter back to the Planning & Zoning Board for them to determine whether or not they wished to make a recommendation that the Land Use Plan be changed for the area in which this site is located. The Planning & Zoning Board at a meeting held on February 24th, recommended by unanimous vote that the Land Use Plan not be changed. This was discussed at the workshop meeting on March 17th. PREFACE 3-24-81 Page 4 7. d. An application has been received for transfer of ownership of Certificate of public Convenience and Necessity from Joseph Kovar under the name of Smokey, Inc. d/b/a Greyhound Taxi, which is licensed to operate three taxicabs to Raymond Ciccone. In compliance with section 28-19, Chapter 28 of the Code of Ordinances, Council should fix a date for a public hearing to be held on this application for transfer of ownership of Certificate of Public Convenience and Necessity, notice of which shall be forwarded to all operators of taxicabs. At such public hearing, and as a result thereof, Council shall determine if further cab service, within the City, is needed. It is recommended that Council authorize a public hearing on the application be held at the next regular Council meeting on April 14th. 8. a. Resolution No. 3-81 affirming the administrative determi- nation or Resolution No. 3-81 reversing the administrative determination 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 January 13th meeting, tabled a decision on this item until the March 24th meeting. b. Ordinance No. 7-81 relative to rezoning and placing land zoned RM-6 (Multiple Family Dwelling) District in R-1A (Single Family Dwelling) District, located at the northwest corner of Dover Road and the L-35 Canal, part of Hamlet (Parcels "J" and "K") 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 March 10th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. c. Ordinance No. 8-81 has been prepared for consideration on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will annex a ten acre parcel of land, located at the southwest corner of Barwick Road and Palm Ridge Boulevard, subject to R-1AA (Single Family Dwelling) District. This ordinance was passed on First Reading at the February 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. d. Ordinance No. 9-81 relative to annexing a 10,000 square foot parcel of land, located at the southwest corner of Barwick Road and Barrett Street, subject to R-1AA (Single Family Dwelling) District has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the February 24th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. PREFACE 3-24-81 Page 5 8. e. Ordinance No. 12-81 has been prepared for Council consider- ation on Second and FINAL Reading at Tuesday night's meet- ing. This ordinance, if passed, will amend Chapter 23 "Streets and Sidewalks" of the Code of Ordinances relative to giving the City Engineer authority to reduce required minimum right-of-way width and paving width requirements and providing for an appeals procedure to the City Council. This ordinance was passed on First Reading at the March 10th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. f. Ordinance No. 13-81 relative to annexing a parcel of land located on the west side of Lake Drive, between N. W. 22nd Street if extended west and N. W. 18th Street if extended west, subject to R-1AA (Single Family Dwelling) District, has been prepared for Council consideration on First Reading at the meeting Tuesday night. This property is presently zoned in the County as RS (Residential Single Family) . Council, at the February 10th meeting, instructed the City Attorney to prepare the ordinance effecting the annexation. Second and FINAL Reading and public hearing will be held at the meeting on April 28th. g. Ordinance No. 14-81, amending Chapter 26 "Traffic" of the Code of Ordinances relative to eliminating the two-hour parking zone on the west side of N. E. 1st Avenue from Atlantic Avenue to N. E. 1st Street has been prepared for Council consideration on First Reading at the meeting Tuesday night. h. Ordinance No. 15-81, amending Section 2(a) of Ordinance No. 6-81 relative to providing for additional conditional uses has been prepared for Council consideration on First Read- ing at the meeting Tuesday night. Council, at the March 10th meeting, instructed the City Attorney to prepare the ordinance. PREFACE 3-24-81 Page 6 6. b. (12) Bidder Quotation A M & J Corporation Ft. Lauderdale $421,458.35 H & H Engineering, Inc. Ft. Lauderdale 424,253.00 E. N. Murray, Inc. Buena Vista, GA 437,170.85 Southeast Underground Const, Inc. Cape Coral 456,448.00 A & P Construction company Can ton, MI 465,153.00 The Morrison Company South Pompano Beach 478,877.80 Patterson & Wilder Construction Co. 486,318.00 Pelham, AL MaG row Irrigation, Inc. Lake Placid 496,763.76 Geiskopf Backhoe Service Ft. Lauderdale 505,607.36 Tri-Sure Corporation Auburndale 513,710.00 It is recommended that the contract be awarded to the low bidder, Vicon Construction Corporation in the amount of $385,391 by passage of Resolution No. 21-81 with funding to come from the 1979 Water and Sewer Bond Issue. A copy of a letter from Russell & Axon dated March 11th is enclosed. (13) An application has been received from Clare W. Miller to annex a 1.7-acre parcel of land, subject to RM-15 (Multiple Family Dwelling) District. The subject property is in Section 28-46-43 and is located south of Linton Boulevard if extended east, be- tween AlA and the Ocean. The Planning & Zoning Board at a meeting held on March 16th, recommended by unanimous vote that the property be annexed as RM-15 since this is in conformance with the City's Land Use Plan. It is recommended that the City Attorney be instructed to draft an ordinance annexing the property. ~4) The Planning & Zoning Board at a meeting held on March 16th, recommended by unanimous vote that the conditional use approval for South Palm Professional Plaza, located on the east side of U. S. No.1 between Avenue "H" and Avenue "J" be extended for one year to April 28, 1982. Approval is recommended. (15) The Planning & zoning Board at a meeting held on March 16th, recommended by unanimous vote that the final plat approval for XYZ Subdivision, located south PREFACE 3-24-81 Page 3