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07-14-81 Regular /)1 /2,/ CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING July 14, 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 meetings of June 9, 1981 and June 23, 1981 and special meetings of June 16, 1981, July 1, 1981 and July 7, 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 designation of City representative for the Solid Waste Authority Budget and Policy Advisory Committee. (2) Consider authorizing Arthur V. Strock & Associates, Inc. to proceed with the coral reef follow-up study. (3) Sale of surplus property. (4) Request for permit to erect a tent within the City for the purpose of conducting a car sale from July 15th to July 19, 1981. (5) Acknowledge minutes of Beautification Committee meeting of July 1, 1981. (6) Consider request for water and sewer service outside the City -- 2706 South Federal Highway (Robert M. Miller, applicant) . (7) Consider request for water and sewer service outside the City -- 1/8 mile south of Linton Boulevard on east side of Military Trail (South County Mental Health Center, Inc., applicant). (8) Consider request for water and sewer service outside the City -- 1202 North Palm Trail (1202 Associates, Inc., ap- plicant) . (9) Consider adoption of Resolution No. 54-81 providing for a special assessment. (10) Consider adoption of Resolution No. 56-81 relative to awarding a contract for the construction of Force Main 80. (11) Consider adoption of Resolution No. 57-81 relative to awarding a contract for the construction of Lift Station 80. (12) Consider adoption of Resolution No. 58-81 relative to awarding a contract for the construction of Force Main 50. (13) Consider adoption of Resolution No. 59-81 relative to awarding a contract for the construction of Lift Station 50. (14) Consider authorizing securing appraisal of City-owned land adjacent to Trinity Lutheran Church property on Lake Ida Road. 6. b. (15) Consider ratifying Amendment to License Agreement for Restaurant/Bar operation at Delray Beach Country Club. REGULAR AGENDA 8. a. Second and FINAL Reading of Ordinance No. 47-81 relative to building heights in the RM-IO (Multiple Family Dwelling) District. b. Second and FINAL Reading of Ordinance No. 49-81 relative to parking space requirements in the Central Business District. c. Second and FINAL 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. d. Second and FINAL Reading of Ordinance No. 51-81 relative to resort dwellina units. e. Second and FINAL Reading of Ordinance No. 52-81 relative to off-street parking regulations. f. First Reading of Ordinance No. 53-81, amending Ordinance No. 53-80 by adding $540,000 to the General Fund Contingency Account. g. First Reading of Ordinance No. 54-81 relative to increasing the court costs for law enforcement education. h. First Reading of Ordinance No. 55-81 relative to banning of tents for church and religious services. AGENDA 7-14-81 Page 2 PREFACE CONSENT AGENDA 6. b. (1) It is recommended that Council designate, by motion, at Tuesday night's meeting, the City Manager as the City's representative for the Solid Waste Authority Budget and Policy Advisory Committee. (2) It is recommended that Arthur V. Strock & Associates, Inc. be authorized to proceed with the coral reef follow-up study at an estimated cost of $6,390. .This is one of the continuing projects in connection with the beach nourish- ment program which has been approved by the Department of Natural Resources for funding, under which the State pays 75% of the cost and the City pays 25%. (3) A public auction was held on July 8, 1981, for the sale of surplus City property and a total of $3,738 was realized from the sale. It is recommended that Council ratify the action taken. (4) A request has been received from Sherwood Pontiac - GMC Truck, Inc. for a permit to erect a 30'x75' canopy tent at the front of the property located at 2400 South Federal Highway for the purpose of conducting a car sale from July 15th to July 19, 1981. A certificate stating that the tent has been flame retar- dant treated has been received. Approval is recommended. (5) It is recommended that the minutes of the Beautification Committee meeting of July 1, 1981 be acknowledged. (6) The City is in receipt of an application from Robert M. Miller for City water and sewer service to serve 2706 South Federal Highway, which is outside the City. The present use is a lounge and basic food establishment and the pro- posed use is for general professional 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 applicant. (7) The City is in receipt of an application from South County Mental Health Center, Inc. for City water and sewer service to serve 5+ acres, 1/8 mile south of Linton Boulevard on the east side of Military Trail, which is outside the City. The proposed use is for a Mental Health Center. 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 applicant. (8) The City is in receipt of an application from 1202 Associ- ates, Inc. for City water and sewer service to serve 1202 North Palm Trail, which is outside the City. The present and proposed use is residential. 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 applicant. (9) Resolution No. 54-81 providing for a special assessment for properties abutting S. E. 1st Avenue between S. E. 8th PREFACE 7-14-81 Page 1 6. b. (9) Street and S. E. 9th Street and setting a dat,! for a public hearing has been prepared for Council consider- ation at the meeting Tuesday night. Approval is recommended. (10) The following bids have been received for the construction of Force Main 80: Bidder Quotation Barile Excavating & Pipeline Lake Park, FL $373,019.00 Rick-Man Construction Sterling Heights, MI 374,666.20 H & H Engineering Ft. Lauderdale, FL 375,623y56 Woodruff & Sons Bradenton, FL 415,590.40 Gateway Construction Pompano Beach, FL 434,294.00 Lanzo Construction Pompano Beach, FL 444,678.80 Southeast Underground Cape Coral, FL 466,246.00 F. J. Siller Pompano Beach, FL 498,005.25 It is recommended that the tentative award be made to the low bidder, Barile Excavating & Pipeline in the amount of $373,019.00 by passage of Resolution No. 56-81 with 75% of the funding ($279,764.25) to come from the Environmental Protection Agency and 25% of the funding ($93,254.75) to come from the 1979 Water and Sewer Bond Issue. Council, at the April 28th meeting, accepted the EPA's grant offer for Lift Station Numbers 50 and 80 and associated mains in the amount of $1,750,152. (11) The following bids have been received for the construction of Lift Station 80: Bidder Quotation Boyle Construction Company $723,000.00 Deerfield Beach, FL Koblar Constructors & Engineers 794,897.00 Gainesville, FL Lanzo Construction 845,000.00 Pompano Beach, FL Widell Associates, Inc. 1,174,000.00 Ft. Lauderdale, FL It is recommended that the tentative award be made to the low bidder, BOYLe Construction Company in the amount of $723,000.00 by passage of Resolution No. 57-81 with 75% of the funding ($542,250.00) to come from the Environmental Protection Agency and 25% of the funding ($180,750.00) to come from the 1979 Water and Sewer Bond Issue. Council, at the April 28th meeting, accepted the EPA's grant offer for Lift Station Nos. 50 and 80 and associ- ated mains in the amount of $1,750,152. PREFACE 7-14-81 Page 2 6. b. (12) The fOllowing bids have been received for the construction of Force Main 50: Bidder Quotation H & H Engineering Ft. Lauderdale, FL $634,307.10 Barile Excavating & Pipeline Lake Park, FL 670,014.00 Plantation Construction Co. Ft. Lauderdale, FL 681,851. 50 Rick-Man Construction Sterling Heights, MI 701,198.40 Woodruff & Sons Bri3.denton, FL 717,954.80 Lanzo Construction Pompano Beach, FL 758,034.00 P. J. Madsen/Barr Miami, FL 778,215.00 F. J. Siller Pompano Beach, FL 782,481.00 Southeast Underground Cape Coral, FL 813,552.00 Gateway Construction Pompano Beach, FL 827,584.00 It is recommended that the tentative award be made to the low bidder, H & H Engineering in the amount of $634,307.10 by passage of Resolution No. 58-81 with 75% of the funding ($475,730.33) to come from the Environmental Protection Agency and 25% of the funding ($158,576.77) to come from the 1979 Water and Sewer Bond Issue. Council, at the April 28th meeting, accepted the EPA's grant offer for Lift Station Nos. 50 and 80 and associ- ated mains in the amount of $1,750,152. (13) The following bids have been received for the construction of Lift Station 50: Bidder Quotation Boyle Construction Company Deerfield Beach, FL $777,000.00 Koblar Constructors & Engineers Gainesville, FL 845,877.00 Lanzo Construction Pompano Beach, FL 879,000.00 Widell Associates, Inc. Ft. Lauderdale, FL 1,237,000.00 It is recommended that the tentative award be made to the low bidder, Boyle Construction Company in the amount of $777,000.00 by passage of Resolution No. 59-81 with 75% of the funding ($582,750) to come from the Environmental Protection Agency and 25% of the funding ($194,250) to come from the 1979 Water and Sewer Bond Issue. C Council, at the April 28th meeting, accepted the EPA's grant offer for Lift Station Nos. 50 and 80 and associ- ated mains in the amount of $1,750,152. PREFACE 7-14-81 Page 3 6. b. (14) As discussed at workshop on July 7, 1981, it is recom- mended that Council authorize the securing of an appraisal for City-owned land adjacent to the Trinity Lutheran Church property on Lake Ida Road that the church is interested in acquiring from the City. , (15) It is recommended that Council ratify an Amendment to the License Agreement for operation of the Restaurant/ Bar at the Delray Beach Country Club which changes the notification period for continuance of the Agreement from 120 days to 90 days. The amendment was agreed to by the Licensee and the City Manager on July 8th, the notification expiration date (120 days prior to expira- tion of the Agreement). This way of handling it was suggested by the City Attorney. The extended 30 days will give both. the Licensee and the City the needed additional time for evaluation and nego- tiation. REGULAR AGENDA 8. a. Ordinance No. 47-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building heights in the RM-IO (Multiple Family Dwelling) District has been prepared for Council consideration on Second and FINAL Reading at the meet- ing Tuesday night. This ordinance was passed on First Reading at the June 23rd 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. 49-81 has been prepared for Council consider- ation on Second and FINAL Reading at Tuesday night's meeting. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to parking space sizes in the Central Business District. This ordinance was passed on First Reading at the June 23rd 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. 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 Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the June 23rd 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. 51-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed; will amend Chapter 30 "Zoning" of the Code of Ordinances relative to resort dwelling units. This ordinance was passed on First Reading at the June 23rd 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. 52-81, amending Section 30-18 of Chapter 30 "Zoning" of the Code of Ordinances relative to off street PREFACE 7-14-81 Page 4 8. e. parking regulations has been prepared for Council consider- ation on Second and FINAL Reading at Tuesday night's meet- ing. This ordinance was passed on First Reading at the June 23rd 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. 53-81, amending Ordinance No. 53-80 by adding $540,000 to the estimated expenditures of the General Fund Contingency Account under the category "Non-Department Division _ Other Expenses" and adding this sum to the estimated revenue of the General Fund under the category "Franchise Taxes" has been prepared for Council consideration on First Reading at the meeting Tuesday night. The reason for the above-recommended action is the receipt during this fiscal year of additional franchise taxes from Florida Power & Light Rot included in the current year's budget. Transfers can be made from the contingency account for payment of project costs as approved by Council. The City Attorney recommended that this be handled in this manner. g. Ordinance No. 54-81, amending Chapter 1 "General Provisions" of the Code of Ordinances relative to increasing the assess- ment from $1 to $2.for court costs for law enforcement education has been prepared for Council consideration on First Reading at the meeting Tuesday night. h. Ordinance No. 55-81, amending Chapter 16 "Offenses-Miscellaneous" of the Code of Ordinances relative to banning of tents for church and religious services has been prepared for Council consider- ation on First Reading at Tuesday night's meeting. This was discussed at the June 23rd meeting. PREFACE 7-14-81 Page 5