04-28-81 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
April 28, 1981
AGE N D A
1. Opening Prayer.
2. Pledge of Allegiance to the flag of the United States of America.
3. a. Approval of minutes of regular meeting of April 14, 1981 and
special meetings of April 8, 1981 and April 10, 1981.
b. Presentation of City Service Award -- William J. Kerr.
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 Arthur V. Strock & Associates, Inc.
to proceed with the offshore borrow area sand search.
(2) Consider acceptance of an easement deed from Roger W.
Burnell, Lane & Reynolds Investments and Samuel J.
Acquilano.
(3) Consider authorizing securing bids for installation of
table sinks in both locker rooms at the Delray Beach
Country Club.
(4) Consider authorizing securing bids for resurfacing around
the Pro Shop and Club House -- Delray Beach Country Club.
(5) Consider ratification of South Central Regional Waste-
water Treatment & Disposal Board's Resolution No. 7-81
accepting the Environmental Protection Agency grant offer
for Step II funding.
(6) Consider acceptance of quit claim license for easements
and rights-of-way between the City of Delray Beach and
the South Central Regional Wastewater Treatment &
Disposal Board and the City of Boynton Beach.
(7) Consider paying a consulting engineering firm to
assess the validity of the Delray Beach flow into the
South Central Regional Wastewater Treatment Plant.
(8) Consider purchase of 40 lockers for use at the Delray
Beach Country Club.
(9) Consider execution of Developers Utility Service Agree-
ment -- Centex Homes of Florida, Inc.
(10) Consider request for water and sewer service outside the
City -- 1000 feet south of Linton Boulevard, east of
Military Trail (Michael C. and Linda Posner, applicants).
(11) Consider adoption of Resolution No. 28-81 authorizing the
award of a contract to construct public bicycle paths.
(12) Consider adoption of Resolution No. 30-81 awarding a
contract for the installation of an acoustical ceiling
at the Delray Beach Country Club.
6. b. (13) Consider adoption of Resolution No. 31-81 requiring plans,
specifications and estimate of cost for construction of
pavement to serve the unpaved portion of S. E. 1st Avenue
between S. E. 8th Street and S. E. 9th Street.
(14) Consider adoption of Resolution No. 32-81 expressing
concern over the ever-increasing crime rate.
(15) Consider adoption of Resolution No. 33-81 approving the
application of Siemens Construction Company to fill the
south end of "Lake Delray" A/K/A Rainberry Lake A/K/A
Lake Killarney, excavate canals and construct a radial
gate water control structure in Rainberry Lakes Develop-
ment.
(16) Consider adoption of Resolution No. 34-81 approving the
application of Plum Realty to provide earth embankment
and construct two storm drain outfalls at the Landings.
(17) Consider adoption of Resolution No. 35-81 approving the
application of Minto Construction, Ltd. to plug exist-
ing borrow pit entrance from the E-4 Canal at the south-
west corner of Linton Boulevard and Congress Avenue.
(18) Consider adoption of Resolution No. 36-81 accepting the
Environmental Protection Agency grant offer for Lift
Stations 50 and 80 and associated force mains.
(19) Report from the Planning & Zoning Board relative to final
plat approval -- Park Ten Subdivision.
(20) Report from the Planning & Zoning Board relative to site
and development plan approval -- Lakeside.
REGULAR AGENDA
c. Consider establishing summer rates at the Delray Beach Country
Club.
7. Petitions and Communications
a. Consider request for water and sewer service outside the City
South of and adjacent to the Medical Complex (East Georgia
Land Company, applicant).
8. Resolutions and Ordinances
a. Consider adoption of Resolution No. 29-81, recognizing and com-
mending Mrs. Gladys Little for her years of dedicated service
to the City of Delray Beach.
b. Second and FINAL Reading of Ordinance No. 13-81 relative to
annexation -- West side of Lake Drive, between N. W. 22nd
Street if extended west and N. W. 18th Street if extended
west (Jeffrey D. and Rebecca A. Ahl, applicants).
c. Second and FINAL Reading of Ordinance No. 18-81 relative to
impoundment of livestock, dogs and cats and assessing impound-
ment fees.
d. First Reading of Ordinance No. 24-81 relative to annexation
Northwest corner of S. W. 4th Avenue and Southridge Road
(Robert and Eileen McTeague, applicants).
e. First Reading of Ordinance No. 25-81 relative to noise control.
9 . Reports
None.
AGENDA 4-28-81
Page 2
PRE F ACE
CONSENT AGENDA
6. b.
(1) It is recommended that Arthur V. Strock & Associates, Inc.
be authorized to proceed with the offshore borrow area
sand search at an estimated cost of $21,366. This project
involves an offshore survey to determine the availability
of sand for dredging. This is one of the continuing pro-
jects in connection with the beach nourishment program
and it has been approved by the Department of Natural
Resources for 75% funding.
(2) It is recommended that Council accept an approximate 15-
foot square utility easement along U. S. No.1 (S. E. 5th
Avenue), 315 feet south of S. E. 10th Street for the
placement of water and sewer piping to the recently annex-
ed Acquilano property.
(3) It is recommended that Council authorize the securing of
bids for installation of table sinks in both locker rooms
at the Delray Beach Country Club.
(4) It is recommended that Council authorize the securing of
bids for resurfacing around the Pro Shop and Club House
at the Delray Beach Country Club.
(5) It is recommended that South Central Regional Wastewater
Treatment & Disposal Board Resolution No. 7-81 accepting
the EPA grant offer for Step II funding in the amount of
$405,334 be approved.
This resolution is to be adopted at the SCRWTD Board
Special Meeting on April 23rd and requires ratification
by the Cities of Delray Beach and Boynton Beach.
A copy of the resolution is enclosed.
(6) It is recommended that Council accept the quit claim
license for easements and rights-of-way between the City
of Delray Beach and the South Central Regional Wastewater
Treatment & Disposal Board and the City of Boynton Beach
for the installation, operation and maintenance of sewer-
age facilities.
This quit claim license has been executed by the SCRWTD
Board and the City of Boynton Beach and requires execution
by the City of Delray Beach.
A copy of the quit claim license is enclosed.
(7) It is recommended that Council authorize paying a con-
sulting engineering firm to be selected by the South
Central Regional Wastewater & Disposal Board for assess-
ing the validity of the Delray Beach flow into the South
Central Regional Wastewater Treatment Plant at a cost
not to exceed $5,000.
(8) The following bids have been received for the purchase of
40 lockers for the men's locker room at the Delray Beach
Country Club:
Bidder
Quotation
Delray Equipment, Inc.
Delray Beach
$1,642.00
Diversified Design Engerprises
Boca Raton
2,235.00
It is recommended that 40 lockers be purchased from the
low bidder, Delray Equipment, Inc. in the amount of
$1,642. At an annual rental of $25, the City will recover
its investment in less than two years.
PREFACE 4-28-81
Page 1
6. b.
(9) A Developers Utility Service Agreement has been received
from Centex Homes of Florida, Inc. for the providing of
water and sewer service to Rainberry villas (Phase IVB).
A check in the amount of $1300 has been deposited in the
Developers' Fund to cover 13 units at $100 per unit
($62.50 for sewer and $37.50 for water).
It is recommended that Council approve execution of the
agreement by motion at Tuesday night's meeting.
(10) The City is in receipt of an application from Michael C.
and Linda Posner for City water and sewer service to
serve 10 acres, located 1000 feet south of Linton Boule-
vard, east of Military Trail, which is outside the City.
The proposed use is for Doctors' offices.
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 applicants.
(11) The following bids have been received to construct public
bicycle paths at the fOllowing locations: (1) Linton
Boulevard (south side) beginning at Old Germantown Road,
extending east to Old Dixie Highway; (2) S. W. 4th
Avenue (west side) beginning at S. W. 10th Street extend-
ing south to Linton Boulevard; (3) N. E. 8th Street (south
side) beginning at North Swinton Avenue, extending east
to N. E. 8th Street Bridge:
Bidder
Quotation
Hardrives, Inc.
Delray Beach
$43,026.00
Carr Soil & Sod Company
Delray Beach
45,712.00
It is recommended that the contract be awarded to the low
bidder, Hardrives, Inc. in the amount of $43,026 by passage
of Resolution No. 28-81. This improvement will be funded
from the 50/50 matching grant which was approved by the
Palm Beach County Board of Commissioners and the City.
The City's portion of payment will come from the 1980
General Obligation Bond Issue.
(12) The following bids have been received for the installation
of an acoustical ceiling at the Delray Beach Country Club:
Bidder
Quotation
Tri-County Ceilings
Lake Park
$2,241.00
Accent Interiors, Inc.
Deerfield Beach
2,296.32
Star-Lite Ceilings & Insulation
Palm Beach Gardens
2,900.00
Campbell Construction Company
Delray Beach
3,300.00
It is recommended that a contract be awarded for the in-
stallation of an acoustical ceiling to the low bidder,
Tri-County Ceilings, in the amount of $2,241.00 by adoption
of Resolution No. 30-81 with funding to come from the 1978
Utility Tax Revenue Bond Issue.
Council at the April 14th meeting, authorized the adminis-
tration to seek bids for the installation of the acoustical
ceiling.
PREFACE 4-28-81
Page 2
6. b. (13) Resolution No. 31-81 requiring plans, specifications and
estimate of cost for construction of pavement to serve
the unpaved portion of S. E. 1st Avenue between S. E. 8th
Street and S. E. 9th Street has been prepared for Council
consideration at the meeting Tuesday night.
The estimated cost for construction of the pavement is
$18,000.
Council, at the April 14th meeting, approved initiation
of the special assessment project. Approval is recommended.
(14) Resolution No. 32-81 expressing concern over the ever-
increasing crime rate and recommending changes in our
criminal justice system has been prepared for Council
consideration at the meeting Tuesday night.
This was discussed at the April 21st workshop meeting.
Approval is recommended.
(15) Resolution No. 33-81 approving the application of Siemens
Construction Company to fill the south end of "Lake Delray"
A/K/A Rainberry Lake A/K/A Lake Killarney, excavate canals
and construct a radial gate water control structure in
Rainberry Lakes Development has been prepared for Council
consideration at Tuesday night's meeting.
The State Statutes require that the Department of Environ-
mental Regulation acquire the City's review and passage
of a resolution of approval for this type project before
they issue a permit. Approval is recommended.
(16) Resolution No. 34-81 approving the application of Plum
Realty to provide earth embankment with rip rap along the
Intracoastal Waterway and construct two storm drain out-
falls at the Landings, located on N. E. 8th Street has
been prepared for Council consideration at the meeting
Tuesday night.
The State Statutes require that the Department of Environ-
mental Regulation acquire the City's review and passage
of a resolution of approval for this type project before
they issue a permit.
Approval is recommended.
(17) Resolution No. 35-81 approving the application of Minto
Construction, Ltd. to plug existing borrow pit entrance
from the E-4 Canal in the Linton Lakes project, located
at the southwest corner of Linton Boulevard and Congress
Avenue has been prepared for Council consideration at
Tuesday night's meeting.
The State Statutes require that the Department of Environ-
mental Regulation acquire the City's review and passage
of a resolution of approval for this type project before
they issue a permit.
Approval is recommended.
(18) Resolution No. 36-81 accepting the Environmental Protec-
tion Agency grant offer for Lift Stations 50 and 80 and
associated force mains in the amount of $1,750,152 has
been prepared for Council consideration at the meeting
Tuesday night. An application was filed with EPA in
November, 1979, and EPA has made a grant offer to the
City which is now ready for acceptance.
Approval is recommended.
PREFACE 4-28-81
Page 3
6. b. (19)
The Planning & Zoning Board at a meeting held on April
22nd, recommended by unanimous vote that the final plat
for Park Ten Subdivision, located east of 1-95, between
S. W. lOth Street and Royal Palm Drive, be approved,
subject to:
1) Director of Public Utilities' memorandum of
April 13th (copy attached)
2) That the sidewalk requirement be waived.
Approval, sUbject to the stated conditions, is recommended.
(20) The Planning & Zoning Board at a meeting held on March
16th, recommended by unanimous vote that the site and
development plan for Lakeside, located west of Dover
Road, between Linton Boulevard and Sherwood Boulevard
be approved, subject to:
1) City Engineer's memorandum of February 20th.
2) Director of Public Utilities' memorandum of
February 13th.
3) Chief Building Official's memorandum of
February 18th.
4) That the developer pay to the City, a sum of money
equal to the average appraised value per acre, as
determined by Arthur Sprott, for 0.97 acres of park
and recreation land.
5) A time limitation of 18 months be set for develop-
ment of the project.
This was discussed at the April 21st workshop meeting.
Approval is recommended.
REGULAR AGENDA
c. A recommendation with respect to the establishment of summer
rates at the Delray Beach Country Club to become effective on
May 1, 1981 will be submitted at or prior to the meeting Tuesday
night for Council consideration. It is expected that the finan-
cial report for the first six months operation of the Delray
Beach Country Club during this fiscal year will be available
prior to Tuesday night's meeting, which information would be
useful in the setting of the rates.
7. a. The City is in receipt of an application from East Georgia
Land Company for City water and sewer service to serve 50
acres, located south of and adjacant to the Medical Complex,
west of Military Trail. The proposed use is for multi-family
dwellings.
Since the subject property is located west of Military Trail,
it is recommended that Council not approve the request.
8. a. Resolution No. 29-81, recognizing and commending Mrs. Gladys
Little for her years of dedicated service to the City of
Delray Beach has been prepared for Council consideration at
the meeting Tuesday night.
Approval is recommended.
b. 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, 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 March 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 4-28-81
Page 4
.
8. c. Ordinance No. 18-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will amend Chapter 5
"Animals and Fowl" of the Code of Ordinances. This ordi-
nance was passed on First Reading at the April 14th meet-
ing.
8. c. 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. 24-81 relative to annexing a 19,250 square
foot parcel of land located at the northwest corner of S. W.
4th Avenue and Southridge Road has been prepared for Council
consideration on First Reading at the meeting Tuesday night.
The Planning & Zoning Board at a meeting held on November
25th, recommended by unanimous vote that the subject property
be annexed as R-1A (Single Family Dwelling) District since
this request is in conformance with the City's Land Use Plan.
Sometime ago, Council passed an ordinance on First Reading
annexing this property to the City. When the ordinance was
considered for Second and FINAL Reading, the owner,
Mr. McTeague, withdrew the application, the reason being
incompatability with what he wished to build and the zoning.
Mr. MCTeague has now decided to build single family homes on
the land and is resubmitting his application for annexation.
Approval of the ordinance on First Reading is recommended.
Second and FINAL Reading and public hearing will be held at
the meeting on May 26th.
e. Ordinance No. 25-81, amending Chapter 16, Article II of the
Code of Ordinances relative to noise control has been prepared
for Council consideration on First Reading at the meeting
Tuesday night.
This was discussed at workshop.
PREFACE 4-28-81
Page 5