06-09-81 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
June 9, 1981
AGENDA
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 26, 1981 and special
meeting of May 29, 1981.
4. Presentation of items by Council Members.
5. Recognition of public requests from the floor.
6. a.
Items added to the agenda by the City Manager.
b. CONSENT AGENDA
(1) Consider waiving Board of Adjustment filing fee (Delray
Beach Library) .
(2) Consider approval of City-County Agreement for drainage
facilities construction -- Swinton Circle and vicinity.
(3) Consider authorizing the administration to secure bids or
negotiate a contract for reconstruction of Lift Station
No.7.
(4) Consider authorizing 36-month follow-up study for beach
restoration.
(5) Consider authorizing retaining engineering firm re
Lowson Boulevard Bridge.
(6) Consider execution of Developers utility Service Agree-
ment -- Abbey Delray South-Life Care Retirement
Communities for water and sewer service for Abbey Delray
South (Phase lIB).
(7) Consider execution of Developers Utility Service Agree-
ment -- Abbey Delray South-Life Care Retirement
Communities for water and sewer service for Abbey Delray
South (PHASE III) Nursing Home.
(8) Consider installation of a "Solar-Cycle" heat pump water
heater at Fire Station No.4.
(9) Consider authorizing advertising surplus property for
sale.
(10) Consider amendment to agreement between the City and the
Department of Natural Resources relative to beach nourish-
ment.
(11) Consider request for water and sewer service outside the
City -- 597 Linton Boulevard (Frank A. and Lisette
Mergen, applicants).
(12)
Consider authorizing
paving improvements
Federal Highway.
a change order to the contract for
Avenue "L"jLindell Boulevard and
(13) Consider appointment of an alternate member of the Com-
munity Appearance Board.
6. b. (14) Consider adoption of Resolution No. 46-81 relative to
awarding a contract for the installation of a chain link
fence at Miller Park.
(15) Report from the Planning & Zoning Board relative to ex-
tension of conditional use, site and development plan
approval -- Congress Square Shopping Center.
(16) Report from the Planning & Zoning Board relative to site
and development plan approval -- Pelican Maisonettes.
(17) Report from the Planning & Zoning Board relative to site
and development plan approval -- 222 Building.
(18) Report from the Planning & Zoning Board relative to final
plat approval -- Atlantic Avenue Veterinary Clinic.
REGULAR AGENDA
c. Consider resort membership fees (Delray Beach Country Club) .
7. Petitions and Communications
None.
8. Resolutions and Ordinances
a. Second and FINAL Reading of Ordinance No. 23-81 relative to
fines to be levied for violations for illegal dumping at the
City transfer plant.
b. Second and FINAL Reading of Ordinance No. 28-81, repealing
Ordinance No. 2-81 and enacting this ordinance relative to
annexation -- South of Germantown Road, between Congress
Avenue and the SAL Railroad (Leo A. and Joan M. Blair, ap-
plicants) .
c. Second and FINAL Reading of Ordinance No. 29-81 relative to
annexation -- Northwest corner of Barwick Road and the L-32
Canal (First Baptist Church, applicant).
d. Second and FINAL Reading of Ordinance No. 30-81 relative to
annexation -- East side of N. W. 5th Avenue, between N. W.
9th Street and N. W. 11th Street (Gary Jenkins, applicant).
e. Second and FINAL Reading of Ordinance No. 32-81 relative to
annexation -- East side of N. W. 5th Avenue, between N. W.
7th Street and N. W. 9th Street (Eric and Phyllis Meyer, ap-
plicants) .
f. Second and FINAL Reading of Ordinance No. 35-81, amending Ordi-
nance 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.
g. Second and FINAL Reading of Ordinance No. 36-81 relative to
substituting the Chief Building Official or his designee as
the person to receive affidavits relative to proof of exemption.
h. Second and FINAL Reading of Ordinance No. 37-81 relative to
partially deregulating taxicab business.
i. Second and FINAL Reading of Ordinance No. 38-81, repealing
Article IV of Chapter 2, relative to the Financial Advisory
Board.
j. Second and FINAL Reading of Ordinance No. 39-81 relative to
noise control.
k. Second and FINAL Reading of Ordinance No. 40-81 relative to
land clearance.
AGENDA 6-9-81
Page 2
8. 1. First Reading of Ordinance No. 41-81 relative to violations
and penalties with regard to garbage and trash.
m. First Reading of Ordinance No. 43-81 relative to rezoning,
conditional use and site and development plan request
northeast corner of u. S. No.1 and Tropic Isle Drive
(Pelican Harbor Shoppes, applicant).
n. First Reading of Ordinance No. 44-81 relative to rezoning,
conditional use and site and development plan request --
South of Linton Boulevard, between Congress Avenue and the
SAL Railroad (The Gardens at Centre Delray, applicant).
o. First Reading of Ordinance No. 45-81 relative to nuisances
on property.
p. First Reading of Ordinance No. 46-81 relative to parking
meter fees in Anchor Park and Sandoway Park.
q. First Reading of Ordinance No. 47-81 relative to building
height.
9. Reports
None.
AGENDA 6-9-81
Page 3
PRE F ACE
CONSENT AGENDA
6. b.
(1) As discussed at the June 2nd workshop meeting, it is
recommended that Council waive the Board of Adjustment
filing fee for the Delray Beach Library with regard to
required parking spaces to serve the library expansion.
(2) It was decided at workshop on June 2nd that Council would
give consideration at Tuesday night's meeting to the ap-
proval of a City-County Agreement for a drainage project
to serve Swinton Circle and vicinity.
Approval of the agreement is recommended.
(3) It is recommended that Council authorize the administration
to secure bids or negotiate a contract for reconstruction
of Lift Station No.7.
(4) It is recommended that Council authorize a 36-month follow-
up study for beach restoration by Arthur V. Strock &
Associates, Inc. in line with the continuing program of
monitoring the beach profile. The cost quoted by the
Strock firm is $21,325.
This is a requirement for our beach maintenance project
and it has been approved for funding by the Department
of Natural Resources on a 75/25% sharing basis with the
City's share being 25%.
(5) It is recommended that Council authorize Arthur V. Strock
& Associates, Inc. to prepare plans correcting erosion
problems at the Lowson Boulevard Bridge. The cost of the
engineering service is $2,800, with $1,800 to come from
budgeted Engineering funds and the balance from General
Fund Contingency Account. The City Engineering Depart-
ment will perform the field inspections and related
services.
(6) The standard Developers Utility Service Agreement has
been received from Abbey Delray South-Life Care Retire-
ment Communities for water and sewer service for Abbey
Delray South (Phase lIB).
A check in the amount of $4,000 has been deposited in the
Developers' Fund to cover 40 units at $100 per unit
($62.50 for sewer and $37.50 for water).
Council previously approved providing water and sewer
service to this development. It is recommended that
Council approve execution of the agreement.
This item was skipped over at the May 26th meeting.
(7) The standard Developers Utility Service Agreement has
been received from Abbey Delray South-Life Care Retire-
ment Communities for water and sewer service for Abbey
Delray South (Phase III) Nursing Home.
A check in the amount of $7,100 has been deposited in the
Developers' Fund to cover 71 units at $100 per unit
($62.50 for sewer and $37.50 for water).
Council previously approved providing water and sewer
service to this development. It is recommended that
Council approve execution of the agreement.
This item was skipped over at the meeting on May 26th.
PREFACE 6-9-81
Page 1
6. b.
(8) It is recommended that Council approve installation of
a "Solar-Cycle" heat pump water heater at Fire Station
No.4. The cost for the unit is $1,250 less a 20%
discount for municipalities participating in the Florida
Innovation Group, making the purchase price $995. It is
estimated that the cost will be recovered within 18
months. After that time, the hot water would be free.
(9) It is recommended that Council authorize advertising for
sale the items shown on the attached lists.
(10) The amendment to the agreement between the City and the
Department of Natural Resources has been prepared for
Council consideration at the meeting Tuesday night.
This amendment provides for the State to increase its
share of the Non-Federal construction costs for the
recently completed beach nourishment project. Originally
DNR agreed to participate up to 55% of the Non-Federal
construction costs, and under the amendment, their share
has increased to 75%, assuming the City's share amounted
to 25% of the cost. The City would be eligible to
receive an additional $185,000 from the State based upon
their contributions to date.
Approval is recommended.
(11) The City is in receipt of an application from Frank A.
and Lisette Mergen for City water and sewer service to
serve 597 Linton Boulevard, which is outside the City.
This is a single family residence 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.
(12) Council, at the February 10, 1981 meeting, awarded a con-
tract to Hardrives of Delray, Inc. for highway modification
and roadway paving for Avenue "L"/Lindell Boulevard and
Federal Highway in the amount of $185,435 with funding to
come from the developer escrowed $40,000 and from proceeds
of the sale of City land.
The Department of Transportation has approved a median
opening which would serve Keeler, Inc. and the fruit
stand. It essentially lines up with the southerly median
opening to Tropic Isle Drive.
Council, at workship on April 21st, approved the median
opening that the change order authorizes.
There was a question raised as to the safety of the median
opening compared to leaving it closed. In order to
insure that the City's design was in the best public
interest, a traffic study was authorized. Kimley-Horn
and Associates, Inc., consulting engineers, completed
the traffic study. A copy of their report is attached
which endorses the City's findings and concurs with the
proposal for the median opening.
It is recommended that Council authorize a change order
to include this median opening. The estimated increase
in the contract price is $20,000 for a total of $205,435.
(13) Community Appearance Board Chairman Donald Goodrum has
recommended the appointment of Landscape Architect
Richard Poore as an alternate member of the Community
Appearance Board to a term expiring August 25, 1982.
A copy of Mr. Poore's resume is enclosed.
Approval is recommended.
PREFACE 6-9-81
Page 2
6. b.
(14) The following bids have been received for installation
of approximately 300 linear feet of chain link fence
to enclose the south end of Miller Park (Phase II):
Bidder
Quotation
Southern Fence Company
Boca Raton
$2,298.00
A.B.C. Fence Company
Pompano Beach
2,397.92
Bill Overton's Budget Fence Co.
West Palm Beach
3,100.00
It is recommended that the contract be awarded to the
low bidder, Southern Fence Company, in the amount of
$2,298 by passage of Resolution No. 46-81 with funding
to come from the 1980 General Obligation Bond Issue.
(15) The Planning & Zoning Board at a meeting held on May 26th,
recommended by unanimous vote that the conditional use,
site and development plan approval for Congress Square
Shopping Center, located at the southwest corner of
Atlantic Avenue and Congress Avenue be extended for one
year to July 9, 1982.
Approval is recommended.
(16) The Planning & Zoning Board at a meeting held on May 18th,
recommended by unanimous vote that the site and develop-
ment plan for Pelican Maisonettes, located east of u. S.
No.1, between Tropic Isle Drive and Avenue L be approved,
subject to:
(a) City Engineer's memorandum of April 30, 1981.
(b) Director of Public utilities' memorandum of
April 22, 1981.
(c) City Manager's memorandum of May 11, 1981.
(d) A time limitation of 18 months be set for
development of the project.
This was discussed at the June 2nd workshop meeting.
Approval is recommended.
(17) The Planning & Zoning Board at a meeting held on May 29th,
recommended by unanimous vote that the site and develop-
ment plan for the 222 Building, located south of Vista
Del Mar, between Andrews and AlA be approved, subject to:
(a) City Engineer's memorandum of May 22, 1981.
(b) Director of Public Utilities' memorandum of
May 7, 1981.
(c) City Manager's memorandum of May 11, 1981.
(d) Chief Building Official's memorandum of
May 18, 1981.
(e) A time limitation of 12 months be set for de-
velopment of the project.
(f) That the developer pay to the City, a sum of
money to be determined by the proposed "Park
and Recreation Land" ordinance, when adopted
by City Council.
This was discussed at the workshop meeting on June 2nd.
Approval is recommended.
(18) The Planning & Zoning Board at a meeting held on May 26th,
recommended by unanimous vote that the final plat for
PREFACE 6-9-81
Page 3
6. b.
(18) Atlantic Avenue Veterinary Clinic, located on the
south side of Atlantic Avenue, between Congress Avenue
and the SAL Railroad be approved, subject to:
(a) Director of Public Utilities' memorandum of
May 13, 1981.
(b) City Manager's memorandum of May 11, 1981.
This was discussed at the June 2nd workshop meeting.
Approval is recommended.
REGULAR AGENDA
6. c. Conversation was had at the June 2nd workshop meeting as to
the advisability of revising the Delray Beach Country Club
resort membership fee. Further report will be made at the
meeting Tuesday night.
8. a. Ordinance No. 23-81, amending Chapter 12 "Garbage and Trash"
of the Code of Ordinances relative to fines to be levied for
violation for illegal dumping at the City transfer plant 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 26th 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.
b. Ordinance No. 28-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will repeal Ordinance No.
2-81 and enact this ordinance relative to annexing a parcel
of land located south of Germantown Road, between Congress
Avenue and the SAL Railroad. 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.
c. Ordinance No. 29-81 relative to annexing a 5.41-acre parcel
of land located at the northwest corner of Barwick Road and
the L-32 Canal has been prepared for Council 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.
d. Ordinance No. 30-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will annex a 13,362 square
foot parcel of land, located on the east side of N. W. 5th
Avenue, between N. W. 9th Street and N. W. 11th Street. 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.
e. Ordinance No. 32-81 relative to annexing a 10,636 square foot
parcel of land, located on the east side of N. W. 5th Avenue
between N. W. 7th Street and N. W. 9th Street, has been
PREFACE 6-9-81
Page 4
8. e. prepared for Council consideration on Second and FINAL Read-
ing 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. 35-81, amending Ordinance No. 39-80 relative
to changing the City's Land Use designation in the Compre-
hensive Plan for a parcel located west of High Point and
fronting on Atlantic Avenue in Section 13-46-42 from SF
(Single Family) to MF-6 (Multiple Family 6 Units per Acre)
and rezoning the property from R-1AA (Single Family Dwelling)
District to RM-6 (Multiple 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 May 26th 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.
g. Ordinance No. 36-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday night.
This ordinance, if passed, will amend Chapter 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 affidavits, and registrations and issuance of
permits relative to farmers or growers offering products for
sale. This ordinance was passed on First Reading at the
May 26th 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. 37-81 amending Chapter 28 "Vehicles for Hire"
of the Code of Ordinances relative to partially deregulating
the taxicab business in the City has been prepared for Council
consideration on Second and FINAL Reading at the meeting on
Tuesday night. This ordinance was passed on First Reading at
the May 26th 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. 38-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will repeal Article IV
"Financial Advisory Board" of Chapter 2 "Administration" of
the Code of Ordinances. This ordinance was passed on First
Reading at the May 26th 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. 39-81, amending Chapter 16 "Offenses-Miscella-
neous" of the Code of Ordinances relative to noise control
has been prepared for Council consideration on Second and
FINAL Reading at Tuesday night's meeting. This ordinance was
passed on First Reading at the May 26th meeting.
PREFACE 6-9-81
Page 5
8. j. 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. 40-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will amend Chapter 13
"Health and Sanitation" of the Code of Ordinances relative
to land clearance. This ordinance was passed on First Read-
ing at the May 26th 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. 41-81, amending Chapter 12, "Garbage and Trash"
of the Code of Ordinances relative to violations and penalties
has been prepared for Council consideration on First Reading
at Tuesday night's meeting.
Council, at the April 7th workshop meeting, instructed the
City Attorney to prepare the ordinance.
m. Ordinance No. 43-81 relative to rezoning and placing land
zoned RM-10 (Multiple Family Dwelling) District to SAD
(Special Activities) District and conditional use and site
and development plan request to allow a shopping center,
Pelican Harbor Shoppes, located at the northeast corner of
u. S. No. 1 and Tropic Isle Drive, subject to conditions as
outlined in the ordinance, has been prepared 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
June 23rd.
Council, at the May 26th meeting, instructed the City At-
torney to prepare the ordinance effecting the rezoning.
n. Ordinance No. 44-81 relative to rezoning and placing land
zoned LI (Light Industrial) District to SAD (Special
Activities) District, and conditional use and site and
development plan request to allow an office development,
The Gardens at Centre Delray, located south of Linton
Boulevard, between Congress Avenue and the SAL Railroad,
subject to conditions as outlined in the ordinance, has been
prepared for Council consideration on First Reading at the
meeting Tuesday night.
Public hearing will be held and consideration will be given
to passage on Second and FINAL Reading at the meeting on
June 23rd.
Council, at the May 12th meeting, instructed the City At-
torney to prepare the ordinance effecting the rezoning.
o. Ordinance No. 45-81, amending Chapter 13 "Health and Sani-
tation" of the Code of Ordinances relative to vegetation
which interferes with traffic safety or with the use of
street lights, sidewalks or other public improvements has
been prepared for Council consideration on First Reading
at Tuesday night's meeting.
This was discussed at the workshop meeting on June 2nd.
PREFACE 6-9-81
Page 6
8. p. Ordinance No. 46-81, amending Chapter 26 "Traffic" of the
Code of Ordinances relative to changing parking meter fees
at Anchor Park and Sandoway Park to 259 per hour has been
prepared for Council consideration on First Reading at the
meeting Tuesday night.
This was discussed at the June 2nd workshop meeting.
q. Ordinance No. 47-81, amending Chapter 30 "Zoning" of the
Code of Ordinances relative to building height in the
RM-10 (Multiple Family Dwelling) District has been prepared
for Council consideration on First Reading at the meeting
Tuesday night.
This was discussed at the workshop meeting on June 2nd.
PREFACE 6-9-81
Page 7