05-26-81 Regular
CITY OF DELRAY BEACH
Delray Beach, Florida
REGULAR COUNCIL MEETING
May 26, 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 May 12, 1981 and special
meeting of May 6, 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 execution of Developers Utility Service Agreement
-- Abbey Delray South - Life Care Retirement Communi ties,
for water and sewer service for Abbey Delray South (Phase
II B).
(2) Consider execution of Developers Utility Service Agreement
-- Abbey Delray South-Life Care Retirement Communities, for
water and sewer service for Abbey Delray South (Phase III)
Nursing Horne.
(3) Consider request for water and sewer service outside the
City -- 14440 Franwood Place (John F. & Martha V. Andes,
applicants) .
(4) Request for permit to erect a tent at the corner of N.W.
10th St. and 11th Ave. for the purpose of conducting a
Gospel Tent Revival from June 12th to July 3rd.
(5) Report from the Planning and Zoning Board relative to re-
zoning, conditional use, site and development plan approval
-- Pelican Harbor Shoppes.
(6) Report from the Planning and Zoning Board relative to con-
ditional use, site and development plan approval -- Shoppes
of Rainberry.
(7) Report from the Planning & Zoning Board relative to final
plat approval -- Lakeside.
(8) Consider adoption of Resolution No. 37-81 requesting per-
mission from the Palm Beach County Board of Commissioners
to rezone land -- East and West sides of Frederick Boule-
vard, between Avenue "I" and Avenue "J" (John Rathbun,
administrator for the estate of Phoebe Rathbun, applicant).
(9) Consider adoption of Resolution No. 38-81 relative to pur-
chase of a Cushman Turf Truckster, Aerator and Top Dresser
for the Delray Beach Country Club.
(10) Consider adoption of Resolution No. 39-81 requesting per-
mission from Palm Beach County Board of Commissioners to
annex a portion of a 16 foot alley located in Block 4,
Sophia Frey Subdivision.
(11) Consider adoption of Resolution No. 41-81 relative to pur-
chase of a Leco Heavy Duty Cold Aerosol Fogging Machine.
(12) Consider adoption of Resolution No. 42-81, vacating and
abandoning an easement -- Harbourside Condominium.
6.
b.
(13) Consider award of contract for construction of Fire Station
No.4.
(14) Consider authorizing bids for construction of a public
works complex.
(15) Consider authorizing City financial participation in the
renovation of the athletic field at Atlantic High School.
(16) Consider authorizing the retaining of May, Zima and Company
for the performance of a water and sewer rate study.
(17) Report from the Planning & Zoning Board relative to con-
ditional use approval -- Sherwood Park Plaza.
(18) Consider approval of Boca Raton/Delray Beach Fire Depart-
ment Mutual Aid Agreement.
REGULAR AGENDA
6.
c.
Consider approval of Fourth of July celebration.
7. Petitions and Communications
a. Acknowledge minutes of Beautification Committee meeting of May
6, 1981.
8. Resolutions and Ordinances
a. Consider adoption of Resolution No. 43-81 for the purchase of a
1250 G.P.M. pumper.
b. Second and FINAL Reading of Ordinance No. 17-81 relative to
sewerage charge for a commercial or other non-residential unit.
c. Second and FINAL Reading of Ordinance No. 24-81 relative to
annexation -- Northwest corner of S.W. 4th Avenue and Southridge
Road (Robert and Eileen McTeague, applicants).
d. Second and FINAL Reading of Ordinance No. 26-81, repealing
Article II "Bingo and Similar Garnes" of Chapter 4 "Amusements".
e. Second and FINAL Reading of Ordinance No. 27-81 relative to
including church child care facilities as a conditional use.
f. First Reading of Ordinance No. 23-81 relative to fines to be
levied for violations for illegal dumping at the City transfer
plant.
g. First Reading of Ordinance No. 33-81 relative to annexation --
North side of N.E. 8th Street, between N.E. 8th Avenue and N.E.
9th Avenue (Joseph W. Gwynn, applicant).
h. First Reading of Ordinance No. 35-81, amending Ordinance No.
39-80 relative to changing the City's Land Use Plan designation
and rezoning of a parcel of land located in Section 13, Township
46 South, Range 42 East.
i. First Reading of Ordinance No. 36-81, amending Chapter 15 "Li-
censes" to substitute the Chief Building Official or his desig-
nee as the person to receive affidavits relative to proof of
exemption.
j. First Reading of Ordinance No. 37-81 relative to partially
deregulating taxicab business.
k. First Reading of Ordinance No. 38-81, repealing Article IV of
Chapter 2, relative to the Financial Advisory Board.
I. First Reading of Ordinance No. 39-81 relative to noise control.
AGENDA 05-26-81
Page 2
PRE F ACE
CONSENT AGENDA
6.
b.
(1) The standard Developers Utility Service Agreement has been
received from Abbey Delray South-Life Care Retirement Com-
munities for water and sewer service for Abbey Delray South
(Phase II B).
A check in the amount of $4,000.00 has been deposited in
the Developers' Fund to cover 40 units at $100.00 per unit
($62.50 for sewer and $37.50 for water).
Council previously approved providing water and sewer ser-
vice to this development. It is recommended that Council
approve execution of the agreement.
(2) The standard Developers Utility Service Agreement has been
received from Abbey Delray South-Life Care Retirement Com-
munities for water and sewer service for Abbey Delray South
(Phase III) Nursing Horne.
A check in the amount of $7,100.00 has been deposited in
the Developers' Fund to cover 71 units at $100.00 per unit
($62.50 for sewer and $37.50 for water).
Council previously approved providing water and sewer ser-
vice to this development. It is recommended that Council
approve execution of the agreement.
(3) The City is in receipt of an application from John F. and
Martha V. Andes for City water and sewer service to serve
Lot 2, Block 3, Franwood Pines 14440 Franwood Place,
which is outside the City. This is a single family resi-
dence east of Military Trail.
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.
(4) Reverend L. S. Phillip has requested a permit to erect a
tent at the corner of N.W. 10th Street and 11th Avenue for
the purpose of conducting a Gospel Tent Revival from June
12th to July 3rd.
This revival has the approval of the Ministerial Associa-
tion. In addition, Rev. Phillip has submitted a letter
from Mr. Harry Hagwood, owner of the property on which the
tent is to be erected, giving his permission, as well as a
certificate stating that the tent has been flame retardant
treated.
All City requirements having been met, approval is recom-
mended.
(5) The Planning and Zoning Board, at a meeting held on May
18th, recommended by unanimous vote that Pelican Harbor
Shoppes, located at the northeast corner of U.S. #1 and
Tropic I s Ie Drive be rezoned to SAD (Special Acti vi ties)
District and that the conditional use and site and develop-
ment plan to allow a shopping center be approved subject
to:
(1) City Engineer's memorandum of April 30, 1981 (copy
attached),
(2) Director of Public Utilities' memorandum of April 22,
1981 (copy attached),
(3) City Manager's memorandum of May 11, 1981 (copy at-
tached) ,
(4) Allowing only those uses as described on the attached
list to locate in the development,
PREFACE 05-26-81
Page 1
6.
b.
(5) (5) That the median on Tropic Isle Drive be cut back to
allow for a left turn lane into the site.
(6) That the finish on the 6 foot masonry wall be the same
as the finish on the buildings, and that greenery,
such as a vine, be put on the wall to conform to the
Landscape Ordinance,
(7) A time limitation of 12 months be set for development
of the project.
It is recommended that the City Attorney be instructed to
prepare the ordinance effecting the rezoning.
(6) The Planning and Zoning Board at a meeting held on May
18th, recommended by unanimous vote that the conditional
use, site and development plan for Shoppes of Rainberry,
located at the southeast corner of Lake Ida Road and Con-
gress Avenue be approved subject to:
(1) City Engineer's memorandum of April 30,1981 (copy
attached) ,
(2) Director of Public Utili ties memorandum of April 22,
1981 (copy attached),
(3) City Manager's memorandum of May 11, 1981 (copy at-
tached) ,
(4) A time limitation of 18 months be set for development
of the project.
Approval is recommended.
(7) The Planning and Zoning Board, at a meeting held on May
18th, recommended by unanimous vote that the final plat for
Lakeside, located west of Dover Road, between Linton Boule-
vard and Sherwood Boulevard, be approved subject to:
(1) City Engineer's memorandum of May 18, 1981 (copy
attached),
(2) Director of Public Utili ties' memorandum of May 6,
1981 (copy attached),
(3) City Manager's memorandum of May 11, 1981 (copy at-
tached) ,
(4) That the sidewalk requirement be waived, and a pedes-
trian/bikepath be constructed instead,
(5) That the developer pay 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 recre-
ation land.
Approval is recommended.
(8) Resolution No. 37-81 requesting permission from the Palm
Beach County Board of Commissioners to rezone land to be
annexed from RS (Residential Single Family) (County) to
RM-10 (Multiple Family Dwelling) District (City), located
on the east and west sides of Frederick Boulevard, between
Avenue "I" and Avenue "J" in Blocks 28 and 34 of Del Raton
Park Subdivision, has been prepared for Council considera-
tion at the meeting Tuesday night.
Approval is recommended.
(9) Resolution No. 38-81 relative to ratifying and confirming
contract negotiations to award a contract for the purchase
of a Cushman Turf Truckster, Aerator and Top Dresser for
the Delray Beach Country Club has been prepared for Council
consideration at the meeting Tuesday night.
DeBra Enterprises, Inc., is the only company that has the
desired equipment at a relatively low cost that will ade-
quately do the job.
Authorization to negotiate this purchase was given by
Council at a prior meeting.
PREFACE 05-26-81
Page 2
6.
b.
(9) It is recommended that the contract be awarded to DeBra
Enterprises, Inc., in the amount of $10,400 by passage of
Resolution No. 38-81, with funding to corne from the Delray
Beach Country Club Reserve for Renewal and Replacement
Fund.
(10) Resolution No. 39-81 requesting permission from the Palm
Beach County Board of Commissioners to annex that portion
of a 16 foot alley bounding Lots 1, 2 and the west ~ of
Lots 10 and 11, Block 4, Sophia Frey Subdivision has been
prepared for Council consideration at the meeting Tuesday
night.
The City has received a request from Eighth Street Market,
Inc. (Joseph Gwynn, applicant) to annex Lots 1, 2 and the
west ~ of Lots 10 and 11, Block 4, Sophia Frey Subdivision.
When the annexation has been accomplished for the portion
of the 16 foot alley, the property owner would then peti-
tion the City to abandon the aforementioned alley to con-
solidate the parcels. Palm Beach County is the owner of
the alley and Florida Statutes 171.044 requires the per-
mission of a property owner for voluntary annexation.
This was discussed at the May 5th workshop meeting.
Approval is recommended.
(11) It is recommended that Resolution No. 41-81 be adopted
authorizing the purchase of a Leco Heavy Duty Cold Aeresol
fogging machine to be used on a City truck, at a purchase
price of $4,050.00, with funding to corne from Federal
Revenue Sharing funds provided in the Parks Division in the
1980-81 Budget.
(12) Resolution No. 42-81, vacating and abandoning a portion of
the northerly two (2) feet of an existing twenty (20) foot
wide sewer and water easement at Harbourside Condominium
located on the east side of Federal Highway between Linton
Boulevard and S.E. 10th Street, has been prepared for
Council consideration at the meeting Tuesday night.
Council, at the May 12th meeting, instructed the City
Attorney to prepare the resolution.
Approval is recommended.
(13) The following bids have been received for the construction
of Fire Station No. 4 at the northeast corner of La~( Ida
Road and Barwick Road:
James Bushouse & Associates, Inc.
208,595.00
221,763.00
$244,260.00
244,756.00
Sipala Construction
Robert J. Ackerman, Inc.
J.P. Strode Associates, Inc.
Carousel Development Inc.
249,165.00
It is recommended that Resolution No. 44-81 be adopted
awarding the contract for construction of Fire Station No.
4 to the low bidder, James Bushouse & Associates, Inc.
(14)
Plans were presented by
complex for Council's
meeting.
the architect for the public works
review at the May 19th workshop
It is recommended that Council authorize the securing of
bids for construction of the public works complex in ac-
cordance with the architect's plans.
PREFACE 05-26-81
Page 3
6.
b.
(15) As discussed at workshop on May 19th, it is recommended
that Council authorize an expenditure of up to $1,500 from
the General Fund Contingency Account for renovation of the
athletic field at Atlantic High School.
(16) As discussed at the workshop meeting on May 19th, it is
recommended that Council authorize the retaining of May,
Zima and Company for the purpose of conducting a water and
sewer rate study in accordance with the proposal submitted
by that firm on May 11, 1981.
(17) The Planning & Zoning Board at a meeting held on May 18th,
recommended by unanimous vote that the conditional use to
allow "adult education classes" in the SAD (Special Activi-
ties District) in the Sherwood Park Plaza, located at the
southeast corner of Congress Avenue and Lowson Boulevard,
be approved provided the use is limited to 1,625 sq. ft. in
area.
Approval is recommended.
(18) It is recommended that Council approve the Boca Raton/
Delray Beach Fire Department Mutual Aid Agreement discussed
at workshop on February 17, 1981.
REGULAR AGENDA
6.
c.
Council is to consider approval of Fourth of July celebration as
set forth in Parks and Recreation correspondence and as dis-
cussed at workshop on May 19th.
7.
a.
The Mayor should acknowledge minutes of the Beautification
Committee meeting of May 6, 1981.
8.
a.
The following quotations have been received to sell the City a
1250 G.P.M. pumper for the Fire Department:
Bidder
Quotation
W.Q. Dowling Fire Equipment
Emergency One
Keystone Heights, FL
$92,341.00
American LaFrance, Inc.
Elmira, NY
96,859
(4 items do not meet specs)
Fire and Rescue Apparatus
Quality Manufacturing, Inc.
Coral Springs, FL
(Bid A) 75,500
(14 items do not meet specs)
(Bid B) 78,595
(9 items do not meet specs)
It is recommended that the purchase award be made to W.Q. Dow-
ling Fire Equipment Emergency One in the amount of $92,341, the
only bid which meets all City specifications, with financing to
corne from the General Obligation Bonds, Series 1980, by adoption
of Resolution No. 43-81.
Purchase of the fire pumper has been delayed by Council on the
request of Council Member Bird since it was on the agenda the
first time on October 28, 1980. This matter has been discussed
on several occasions since that date.
MICA, by communication dated May 8, 1981 (copy enclosed) concurs
wi th the original recommendation of the administration. It is
therefore recommended that Resolution No. 43-81 authorizing
purchase of the pumper be approved by Council.
b. Ordinance No. 17-81, amending Chapter 29 "Water and Sewers" of
the Code of Ordinances relative to sewerage charge for a com-
mercial or non-residential unit 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 May
12th meeting.
PREFACE 05-26-81
Page 4
8.
b.
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. 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 con-
sideration on Second and FINAL Reading at the meeting Tuesday
night. This Ordinance was passed on First Reading at the April
28th 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. 26-81, amending Chapter 4 "Amusements" of the Code
of Ordinances by repealing Article II "Bingo and Similar Garnes"
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 May 12th 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 than any interested
parties may be heard.
e. Ordinance No. 27-81, amending Chapter 30 "Zoning" of the Code of
Ordinances relative to including church child care facilities as
a conditional use 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 May 12th 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. 23-81, amending Chapter 12 "Garbage and Trash",
Sec. 12-2(b) of the Code of Ordinances of the City of Delray
Beach relative to fines to be levied for violations for illegal
dumping at the City transfer plant has been prepared for Council
consideration on First Reading at the meeting Tuesday night.
This ordinance was tabled at the April 14th meeting and was
discussed at the May 19th workshop.
g. Ordinance No. 33-81 relative to annexing a parcel of land loca-
ted on the north side of N. E. 8th Street, between N. E. 8th
Avenue and N. E. 9th Avenue subject to GC (General Commercial
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,
Attorney
at the May 5th workshop meeting, instructed the City
to prepare the ordinance effecting the annexation.
Second and FINAL Reading and public hearing will be held at the
meeting on June 23, 1981.
h. Ordinance No. 35-81, amending Ordinance No. 39-80 relative to
changing the City's Land Use designation in the Comprehensive
Plan for a parcel located west of High Point and fronting on
Atlantic Avenue in Section 13, Township 46 South, Range 42 East
from SF (Single Family) to MF-6 (Multiple Family 6 Units per
Acre) and rezoning the property from R-1AA (Single Family Dwell-
ing) District to RM-6 (Multiple Family Dwelling) District has
been prepared for Council consideration on First Reading at
Tuesday night's meeting.
PREFACE 05-26-81
Page 5
8.
h.
This ordinance is brought to the agenda at the request of the
City Attorney.
i. Ordinance No. 36-81, amending Chapter 15 "Licenses" of the Code
of Ordinances to substitute the Chief Building Official or his
designee for the City Clerk for purposes of receipt of affi-
davits, and registrations and issuance of permits relative to
farmers or growers offering products for sale has been prepared
for Council consideration on First Reading at the meeting Tues-
day night.
j. Ordinance No. 37-81 amending Chapter 28 "Vehicles for Hire" of
the Code of Ordinances relative to partially deregulating the
taxicab business in the City of Delray Beach has been prepared
for Council consideration on First Reading at Tuesday night's
meeting.
This was discussed at the April 21st Council workshop meeting.
k. Ordinance No. 38-81, repealing Article IV "Financial Advisory
Board" of Chapter 2 "Administration" of the Code of Ordinances
has been prepared for Council consideration on First Reading at
the meeting Tuesday night.
This was discussed at the May 19th workshop meeting.
1. The City Attorney's office was instructed by City Council to
draft an ordinance for consideration by Council at Tuesday
night's meeting prohibiting certain types of music being played
outside of a building.
PREFACE 05-26-81
Page 6