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06-23-81 Regular If I f<. CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING June 23, 1981 AGENDA 1. Opening Prayer. 2. Pledge of Allegiance to the flag of the United States of America. 3. Approval of minutes of special meeting of June 2, 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 authorizing execution of Conditional Permit Agree- ments between the City and Lake Worth Drainage District relative to Force Mains 50 and 80 Canal Crossings. (2) Consider authorizing execution of an agreement between the City and David R. Murphree relative to reimbursement to the City for damages to trees. (3) Consider transferring a 1977 Dodge van to the Drug Enforce- ment Administration. (4) Consider authorizing transfer of funds from the General Fund Contingency Account. (5) Consider appointments to the Beautification Committee. (6) Consider appointment to the Delray Beach Housing Authority. (7) Consider appointment to the Downtown Development Authority. (8) Consider ratification of the South Central Regional Waste- water Treatment and Disposal Board's action of June 10, 1981 to take responsibility for the plant operation and terminate the Operation Agreement with the City of Delray Beach in an orderly manner. (9) Consider authorizing negotiation of a contract to repair the Fire Department Snorkel. (10) Consider authorizing Change Order No. 2 between the City and Hardrives of Delray, Inc. to add a third southbound lane at U. S. No. ljsouth of Lindell Boulevard. (11) Acknowledge minutes of Beautification Committee meeting of June 3, 1981. (12) Consider request for solicitation of funds -- Professional Firefighters of Delray Beach. (13) Consider adoption of Resolution No. 49-81 relative to awarding a contract for the rehabilitation of Lift Station No.7. (14) Consider adoption of Resolution No. 50-81 accepting as operational the streets and storm drains installed in pine Trail South. , 6. b. (15) Consider adoption of Resolution No. 51-81 accepting as operational sanitary sewers and water utilities in- stalled in pine Trail South. (16) Consider adoption of Resolution No. 52-81 accepting as operational the sanitary sewers installed in Bermuda High West. (17) Consider adoption of Resolution No. 53-81 relative to transfer of title from Leadership Cablevision Associates, a Florida Limited Partnership to Fairbanks Cable of Florida, Inc., an Indiana Corporation. (18) Report from the Planning & Zoning Board relative to conditional use approval -- Wayside Guild. (19) Report from the Planning & Zoning Board relative to final plat approval -- Rabbit Hollowe. (20) Report from the Planning & Zoning Board relative to site and development plan approval -- Southern Pines. REGULAR AGENDA c. Consider proposed soft drink program. d. Consider right-of-way -- Tower "C", Epic Building. 7. Petitions and Communications a. Discussion banning tents for church and religious services. b. Request for a permit to erect a tent within the City for the purpose of conducting a Community Outreach Program from June 27th to August 8th. c. Consider request for final plat approval -- Lake Forest Estates (Section One) . 8. Resolutions and Ordinances d. Consider request for final plat approval -- Lake Forest South. a. Second and FINAL 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). b. Second and FINAL Reading of Ordinance No. 41-81 relative to violations and penalties with regard to garbage and trash. c. Second and FINAL 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). Second and FINAL 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). d. e. Second and FINAL Reading of Ordinance No. 45-81 relative to nuisances on property. f. Second and FINAL Reading of Ordinance No. 46-81 relative to parking meter fees in Anchor Park and Sandoway Park. g. First Reading of Ordinance No. 47-81 relative to building heights in the RM-10 (Multiple Family Dwelling) District. h. First Reading of Ordinance No. 49-81 relative to parking space requirements in the Central Business District. AGENDA 6-23-81 Page 2 .5 , 8. i. First Reading of Ordinance No. 50-81 relative to transfer of title from Leadership Cablevision Associates, a Florida Limited Partnership to Fairbanks Cable of Florida, Inc., an Indiana Corporation. j. First Reading of Ordinance No. 51-81 relative to resort dwell- ing units. k. First Reading of Ordinance No. 52-81 relative to off-street parking regulations. 9. Reports a. Report from the Planning & Zoning Board relative to final plat approval -~ The Gardens at Centre Delray. AGENDA 6-23-81 Page 3 PREFACE CONSENT AGENDA 6. b. (1) It is recommended that Council authorize execution of Conditional Permit Agreement between the City and Lake Worth Drainage District relative to Force Main 50 and Force Main 80 Canal Crossings. (2) It is recommended that Council authorize execution of an agreement between the City and David R. Murphree relative to reimbursement to the City of $600 for damages to trees. (3) The Drug Enforcement Administration in the past several' years has assisted the Police Department in numerous drug cases but has not requested monies, compensation or share in any of the confiscated articles. Due to Federal budget cuts, they are requesting that one of the vans seized in the drug arrest in August 1980 be turned over to their office. The 1977 Dodge van is valued at approximately $1,700. A copy of a memorandum from the Police Department dated June 8th is enclosed. Approval is recommended. (4) It is recommended that $1,900 be transferred, by motion, from the General Fund Contingency Account for the pre- paration of plans for electrical improvements at the City Marina. (5) The Beautification Committee has recommended the appoint- ments of Jay Petersen and Phillip Carow to the committee. These appointments would fill two of the four vacancies which exist. Approval is recommended. (6) If Council is ready to do so at Tuesday night's meeting, consideration may be given to the reappointment of Clifford Durden as a member of the Delray Beach Housing Authority to a four-year term ending July 14, 1985. Mr. Durden is willing to serve if reappointed. Approval is recommended. (7) Consideration may be given at Tuesday night's meeting, if Council is ready to do so, to the reappointment of Morgan Zook as a member of the Delray Beach Downtown Development Authority to a three-year term ending on July 1, 1984. Mr. Zook is willing to serve if reappoint- ed. Approval is recommended. (8) It is recommended that the South Central Regional Waste- water Treatment and Disposal Board's action at the June 10, 1981 meeting to have the Board take responsi- bility for the plant operation and terminate the Operation Agreement with the City of Delray Beach in an orderly manner be approved at the meeting Tuesday night. Action of the Board requires ratification by the City of De1ray Beach and the City of Boynton Beach. A copy of the ratification document is enclosed. c PREFACE 6-23-81 Page 1 6. b. (9) The following bids have been received to repair the Fire Department 85-foot Snorkel: Bidder Quotation . Emergency One Ocala, FL $14,803.90 F.O.B. Ocala Snorkel St. Joseph, MO $15,000.00 F.O.B. St. Joseph Both bids require the City to pay for transportation of the vehicle to and from the plants where the work will be completed. Round-trip transportation to St. Joseph would be over $3,000 compared to approximately $200 round-trip to Ocala. It is recommended that the contract be awarded to the low bidder, Emergency One in the amount of $14,803.90 with funding to come from funds in the 1980-81 budget. (10) As discussed at the June 16th workshop meeting, Council is to consider at Tuesday night's meeting Change Order No.2 between the City and Hardrives of Delray, Inc. to add a third southbound lane at U. S. No. ljsouth of Lindell Boulevard which will provide access to the business properties on the west side of U. S. No.1. It is recommended that Council authorize Change Order No. 2 which will increase the contract price by $15,000 for a total of $120,435, with funding to come from the sale of City land. (11) It is recommended that minutes of the Beautification Committee meeting of June 3, 1981 be acknowledged. (12) A communication has been received from the Professional Firefighters of Delray Beach requesting permission to solicit funds on July 25, 1981, approval of which is recommended by the Solicitations Committee and the administration. (13) The following bids have been received for the rehabili~ tation of Lift Station No.7, located by the Intracoastal Waterway at S. E. 4th Street: Bidder Quotation R. J. Sullivan Corporation Coral Springs $11,500.00 Trio Development Corporation Pompano Beach 13,160.00 It is recommended that the contract be awarded to the low bidder, R. J. Sullivan Corporation in the amount of $11,500 by passage of Resolution No. 49-81 with funding to come from funds in the 1980-81 budget. Council, at the June 9th meeting, authorized the admin- istration to secure bids for the rehabilitation of Lift Station No.7. (14) It is recommended that the streets and storm drains in- stalled in Pine Trail South, located at N. W. 3rd Drive from Military Trail east to the cul-de-sac be accepted as operational by adoption of Resolution No. 50-81. (15) It is recommended that sanitary sewers and water utilities installed in pine Trail South, located at N. W. 3rd Drive PREFACE 6-23-81 Page 2 6. b. (15) from Military Trail east to the cUl-de-sac be accepted as operational by adoption of Resolution No. 51-81. (16) It is recommended that the sanitary sewers installed in Bermuda High West, located at 2115 South Ocean Boulevard be accepted as operational by adoption of Resolution No. 52-81. (17) Resolution No. 53-81 relative to transferring title from Leadership Cablevision Associates, a Florida Limited Partnership to Fairbanks Cable of Florida, Inc., an Indiana Corporation has been prepared for Council consider- ation at the meeting Tuesday night. This item was discussed at the workshop meeting on June 16th. Approval is recommended. (18) The Planning & Zoning Board at a meeting held on June 15th, recommended by unanimous vote that the conditional use for Wayside Guild, located on the west side of N. E. 6th Avenue, between N. E. 3rd Street and N. E. 4th Street to allow the addition of administrative and instructional space in an existing Board and Care Home be approved, subject to: (a) Director of Public Utilities' memorandum of May 13th (copy attached). (b) A time limitation of 12 months be set for develop- ment of the project. Approval is recommended. (19) The Planning & Zoning Board at a meeting held on June 15th, recommended by unanimous vote that the final plat for Rabbit Hollowe, located west of Dover Road, if extended south, between Germantown Road and the L-37 Canal, be approved, subject to: (a) City Engineer's memorandum of June 11th (copy at- tached) . (b) Director of Public Utilities' memorandum of May 29th (copy attached). Approval is recommended. (20) The Planning & Zoning Board at a meeting held on June 15th, recommended by unanimous vote that the site and develop- ment plan for Southern Pines, located on the south side of Germantown Road, between S. W. 22nd Avenue and Congress Avenue be approved, subject to: (a) (b) (c) City Engineer's memorandum of May 22nd (copy at- tached) . Director of Public Utilities' memorandum of May 13th (copy attached). A time limitation of 18 months be set for develop- ment of the project. Approval is recommended. REGULAR AGENDA 6. c. Three bids were received for a soft drink vending machine pro- gram in which the City would share in the profits. A copy of a memorandum from the Finance Director dated June 3rd is enclosed. Council may either authorize the City Attorney to draft a contract between the City and Coca Cola or refer to workshop. PREFACE 6-2-81 Page 3 . 6. d. As discussed at the workshop meeting on June 16th, Council is to consider the right-of-way relative to Tower "C", Epic Building at Tuesday night's meeting. 7. a. Council Member Durante requested a discussion relative to banning tents for church and religious services. b. Council, at the April 14th meeting, approved the erection of a tent on City-owned land to be used for Vacation Bible School and Bible lectures from June 27th to August 8th. The location was given as S.,W. 2nd Street between S. W. 8th Avenue and S. W. 9th Avenue and it should have been N. W. 2nd Street between N. W. 8th Avenue and N. W. 9th Avenue. This revival has the approval of the Ministerial Association as well as a certificate stating that the tent has been flame retardant. c. A request has been received that the final plat approval for Lake Forest Estates (Section One), located on the east side of Barwick Road, between the L-30 Canal and the L-31 Canal be approved. This item is scheduled for consideration at the Planning & Zoning Board meeting to be held on June 23rd at 8:00 a.m. d. A request has been received that the final plat approval for Lake Forest South, located on the east side of Barwick Road, between Lake Ida Road and the L-31 Canal be approved. This item is scheduled for consideration at the Planning & Zoning Board meeting to be held on June 23rd at 8:00 a.m. 8. a. Ordinance No. 33-81 relative to annexing a parcel of land located 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 consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ord1nance 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. 41-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to violations and penalties. This ordinance was passed on First Reading at the June 9th 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. 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 Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the June 9th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be PREFACE 6-23-81 Page 4 8. c. held at Tuesday night's meeting in order that any interested parties may be heard. d. Ordinance No. 44-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will rezone and place 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. This ordinance was passed on First Reading at the June 9th 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. 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 Second and FINAL Reading at Tuesday night's meeting. This ordinance was passed on First Reading at the June 9th 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. 46-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 26 "Traffic" of the Code of Ordinances relative to changing parking meter fees at Anchor Park and Sandoway Park to 25~ per hour. This ordinance was passed on First Reading at the June 9th 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. 47-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building heights in the RM-10 (Multiple Family Dwelling) District has been prepared for Council consideration on First Reading at the meeting Tuesday nigh t. This was discussed at the June 16th workShop meeting. h. Ordinance No. 49-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to parking space sizes in the Central Business District has been prepared for Council consideration on First Reading at Tuesday night's meeting. Council, at the April 21st workshop meeting, decided to down- size the parking spaces in the CBD only. i. Ordinance No. 50-81 relative to transfer of title from Leader- ship Cablevision Associates, a Florida Limited Partnership to Fairbanks Cable of Florida, Inc., an Indiana Corporation has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council instructed the City Attorney to prepare the ordinance at the workshop meeting on June 16th. PREFACE 6-23-81 Page 5 8. j. Ordinance No. 51-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to resort dwelling units has been pre- pared for Council consideration on First Reading at the meet- ing Tuesday night. Council, at the June 16th workshop meeting, instructed the City Attorney to prepare the ordinance. k. Ordinance No. 52-81, amending Section 30-18 of Chapter 30 "Zoning" of the Code of Ordinances relative to off street parking regulations has been prepared for Council consider- ation on First Reading at the meeting Tuesday night. Council, at the June 16th workshop meeting, instructed the City Attorney to prepare the ordinance. 9. a. The Planning & Zoning Board at a meeting held on May 29th, recommended by a vote of 6 to 0 (Campbell abstaining) that the final plat approval for The Gardens at Centre Delray, located south of Linton Boulevard between Congress Avenue and the SAL Railroad be approved, subject to: (a) City Engineer's memorandum of May 22nd (copy attached). (b) Director of Public Utilities' memorandum of April 17th (copy attached). (c) Rezoning to SAD, and approval of the conditional use and site and development plans. PREFACE 6-23-81 Page 6