09-22-81 Regular
j7~
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
September 22, 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 September 8, 1981.
4. Presentation of items by Council Members.
5. Recognition of public reque"sts from the floor.
6. a. Items added to the agenda by the City Manager.
b. CONSENT AGENDA
(1) Consider approving City/County agreement for recreation
equipment at Adult Recreation Park. (Approval is recom-
mended. )
(2) Consider approving levying a fee of 10% for reissuance of
permits previously issued for Old Harbor Plaza. (Approval
is recommended.)
(3) Consider appointments to the Community Appearance Board.
(Approval is recommended.)
(4) Consider appointments to the Code Enforcement Board. (Ap-
proval is recommended.)
(5)
Consider acceptance of an easement deed from
Savings & Loan Association of Delray Beach.
recommended. )
First Federal
(Approval is
(6) Consider authorization to negotiate for the purchase of
chemicals for the Water Treatment Plant. (Approval is
recommended. )
.
(7) Consider authorizing Change Order No. 1 for Fire Station
No.4. (Approval is recommended.)
(8) Consider right-of-way -- Ye Little Woods.
recommended. )
(Approval is
(9) Consider authorizing Change Order No. 3 between the City
and Hardrives of Delray, Inc. relative to a drainage in-
let at U. S. No. l/south of Lindell Boulevard. (Approval
is recommended.)
(10) Consider donation of mattresses and box springs.
is recommended.)
(Approval
(11) Consider authorizing the re-execution of the modified sup-
plemental agreement between the City and Palm Beach County
for joint funding relative to Swinton Circle. (Approval
is recommended.)
(12) Consider request for water and sewer service outside the
City -- 4536 Franwood Drive (Margaret E. and E. L. Gilliam,
applicants.) (Approval is recommended.)
(13) Acknowledge minutes of Beautification Committee meeting of
September 3, 1981. (Approval is recommended.)
6.
b.
(14)
ConsideI request for solicitation of funds --
Women Voters of South Palm Beach County, Inc.
is recommended.)
League of
(Approval
(15) Consider adoption of Resolution No. 73-81 relative to
awarding a contract for chlorine for fiscal year 1981-82.
(Approval is recommended.)
(16) Consider adoption of Resolution No. 74-81 relative to
awarding a contract for the purchase of petroleum products.
(Approval is recommended.)
(17) Report from the Planning & Zoning Board relative to final
plat approval -- Swinton Oaks. (Approval is recommended.)
(18) Report from the Planning & Zoning Board relative to final
plat approval -- Rainberry Bay (Section 5A). (Approval
is recommended.)
REGULAR AGENDA
7. petitions and Communications
None.
8. Resolutions and Ordinances
a. Consider adoption of Resolution No. 71-81, following the hold-
ing of a public hearing, making tentative appropriations of
sums of money for all necessary expenditures from October 1,
1981 through September 30, 1982.
b. Consider adoption of Resolution No. 72-81, fOllowing the hold-
ing of a public hearing, setting the City's tentative 1981-82
millage.
c. Consider adoption of Resolution No. 75-81 supporting and ratify-
ing the resolution passed by the Palm Beach County League of
Municipalities which supports the retention of the current
structure of the Solid Waste Authority.
d. Second and FINAL Reading of Ordinance No. 48-81 relative to
building heights.
e. Second and FINAL Reading of Ordinance No. 58-81 relative to
prohibiting the use of aluminum conductors of any type in the
City.
f. Second and FINAL Reading of Ordinance No. 59-81 relative to
annexation -- East and west sides of Frederick Boulevard, be-
tween Avenue "I" and Avenue "J" (John Rathbun, administrator
for the estate of Phoebe Rathbun, applicantl.
g. Second and FINAL Reading of Ordinance No. 60-81 relative to
annexing a portion of a 16-foot alley -- Block 4, Sophia Frey
Subdivision (Samuel P. Fisher, as President and Sylvia L.
Fisher, as Secretary of Eighth Street Market, Inc., ap-
plicants. )
h.
Second and
annexation
Avenue and
FINAL Reading of Ordinance No. 61-81 relative to
South of S. E. lOth Street, between S. E. 5th
S. E. 6th Avenue (Richard McCracken, applicant).
i. Second and FINAL Reading of Ordinance No. 63-81 relative to
automatic sprinkler systems.
j. Second and FINAL Reading of Ordinance No. 64-81 relative to
membership requirements for Board of Adjustment.
k. Second and FINAL Reading of Ordinance No. 65-81 relative to
off-street parking.
AGENDA 9-22-81
Page 2
8. 1. First I{eading of Ordinance No. 66-81 making final appropri-
ations of sums of money for all necessary expenditures from
October 1, 1981 through September 30, 1982.
m. First Reading of Ordinance No. 67-81 setting the City's
1981-82 millage.
n. First Reading of Ordinance No. 68-81 relative to increasing
the permit fee and electrical service fee related to the
erection and dismantling of tents.
9. Reports
a. Report from the Planning & Zoning Board relative to Perry re-
zoning and comprehensive plan amendment.
AGENDA 9-22-81
Page 3
PRE F ACE
CONSENT AGENDA
6. b.
(1) As discussed at workshop on September 1st, it is recom-
mended that Council approve the purchase of recreation
equipment to be placed at the Adult Recreation Park.
The purchase price of the equipment is $20,258. The
agreement provides for an equal payment of the cost by
the City and the County in the amount of $10,129.
This item was removed from the agenda on September 8th.
The agreement between the City and Palm Beach County
which was agreed to by the County Parks & Recreation
representative was modified so that the term of the
agreement be reduced from 99 years to 10 years, the anti-
cipated useful life of the equipment.
(2) It is recommended that Council approve levying a fee of
10% for reissuance of permits previously issued for Old
Harbor Plaza provided Knight Enterprises/Old Harbor, Ltd.
execute a Hold Harmless agreement satisfactory to the
City Attorney's office.
This was discussed at workshop on September 15th.
(3) As discussed at the workshop meeting on September 15th,
Council is to consider the reappointments of Kenneth
Rubsamen, Donald A. Goodrum and Mrs. Vince Canning, Jr.
as regular members of the Community Appearance Board to
two-year terms ending August 25, 1983 and the appoint-
ment of Robert Currie from alternate member to regular
member to a two-year term ending August 25, 1983.
Approval is recommended.
(4) As discussed at the September 15th workshop meeting, it
is recommended that the fOllowing Code Enforcement Board
appointments be made: alternate member Norma Simon to
fill the vacancy created by Ron Sanson's resignation to
a term as a regular member ending January 14, 1984; John
Mills as a regular member to a term ending January 14,
1984; and Carlton Bone as an alternate member to the un-
expired term of Norma Simon ending January 14, 1984.
(5) It is recommended that Council accept an approximate 16-
foot by 4-foot easement deed from First Federal Savings
& Loan Association of Delray Beach at the northwest corner
of Atlantic Avenue and N. E. 7th Avenue for placement of
traffic control devices as desired by the City.
(6) Bids were opened on September 14th for chemicals for the
Water Treatment Plant and no bids were received due to
the fact that each chemical was a brand name and number.
It is recommended that the Purchasing Agent be authorized
to negotiate for the purchase of the required chemicals.
(7) It is recommended that Council authorize Change Order No.
1 for Fire Station No. 4 which is under construction.
This will increase the contract price by $1,010 for a
total of $209,605. This upgraded equipment requires
3-phase wiring and will result in a more economical and
efficient method of refilling the air containers used by
firemen.
Approval is recommended.
(8) As discussed at the September 15th workshop meeting, it
is recommended that a request to waive the minimum right-
of-way from N. W. 1st Avenue extending south from Lake
6. b.
(8) Terrace to Ye Little Woods Subdivision from 50 feet to
40 feet be approved. 1st Avenue provides access to Ye
Little Woods Subdivision, consisting of four single
family lots.
(9) It is recommended that Council authorize Change Order
No. 3 between the City and Hardrives of Delray, Inc. to
install a drain field at U. S. No. l/south of Lindell
Boulevard, as requested by the Department of Transporta-
tion. This will increase the contract price by $3,825
for a total of $120,435, with funding to come from the
sale of City land.
(10) Twelve mattresses and box springs which were replaced at
the Central Fire Station are being stored in a building
near the Public Works complex until the next public
auction sometime in 1982. Since the warehouse is damp
and this type of material will be rotted from mildew, it
is recommended that they be donated to a charitable
organization.
(11) It is recommended that Council authorize the re-execution
of the modified supplemental agreement between the City
and Palm Beach County for joint funding of the design and
construction of Phase I, Drainage Improvements for Swinton
Circle and vicinity. The County approved the agreement by
adding a condition that it was "subject to budget", which
statement the City also has added. A copy of the agree-
ment is enclosed.
Council, at the June 9th meeting, approved execution of
the agreement.
(12) The City is in receipt of an application from Margaret E.
and E. L. Gilliam for City water and sewer service to serve
4536 Franwood Drive, which is outside the City. This is
a single family residence.
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.
(13) It. is recommended that the minutes of the Beautification
Committee meeting of September 2, 1981 be acknowledged.
(14) A communication has been received from the League of
Women Voters of South Palm Beach County requesting per-
mission to solicit funds from November 9th through
November 20, 1981. Approval is recommended.
(15) The following bids have been received to purchase chlorine
for fiscal year 1981-82:
Bidder I-Ton Cyl 150-lb Cyl
Allied Chlorine & $ 181. 20 $ 25.20
Chemical Company
Thompson-Hayward 196.00 30.00
P.B. & S. Chemical Co. 192.00 27.00
Jones Chemical 182.60 29.60
Moreland McKesson 260.00 33.00
Picard Chemical no bid no bid
HTH Ib
$ .8990
.9844
1.10
1. 088
.958
1. 0865
It is recommended that the contract be awarded to the low
bidder, Allied Chlorine & Chemical Company by passage of
PREFACE 9-22 - 81
Page 2
6. b. (15) Resolution No. 73-81 with funding to come from funds in
the 1981-82 budget.
(16) The following bids have been received for the purchase of
petroleum products for fiscal year 1981-82:
Bidder
Diesel
Per Gal
Regular
Gasoline
Per Gal
Unleaded
Gasoline
Per Gal
Motor
Oil
Per Gal
John D. Behnke
$1. 059
1.1665
$ 1. 095
1.174
$ 1.185
No Bid
Gulf Oil Co.
1.214
$ 2.80
3.1909
3.01
Flamingo Oil Co.
No Bid
No Bid
No Bid
Standard Oil Co.
1.129
1.175
1. 215
Fla Coast Oil Co.
Inc.
1.159
1. 24
1. 32
3.08
2.89
Hardy Brothers
1. 08
1.174
1.214
Data Fuel Inc.
1.165
1.185
1. 225
No Bid
It is recommended that the contract be awarded to the low
bidders, John Behnke for diesel, regular gasoline and un-
leaded gasoline and Gulf Oil Company for motor oil by
passage of Resolution No. 74-81, with funding to come
from funds in the 1981-82 budget.
(17) The Planning & Zoning Board at a meeting held on September
8th, recommended by a vote of 5 to 1 (Simon dissenting)
that the final plat for Swinton Oaks, located at the south-
east corner of Swinton Avenue and S. E. 4th Street be
approved, subject to:
(a) City Engineer's memorandum of September 3, 1981.
(b) Director of Public Utilities' memorandum of
August 24, 1981.
(c) That the developer pay to the City the sum of
$13,000 as payment in lieu of the required park
and recreation land dedication.
This was discussed at the workshop meeting on September
15th.
Approval is recommended.
(18) The Planning & Zoning Board at a meeting held on September
8th, recommended by a vote of 5 to 0 (Christensen ab-
staining) that the final plat for Rainberry Bay (Section
SA), located at the northwest corner of Lake Ida Road and
Davis Road be approved, subject to:
(a) Director of Public utilities' memorandum of
August 14, 1981.
(b) That the sidewalk requirement be waived.
(c) That the developer pay to the City a sum of
$30,000 as payment in lieu of the required park
and recreation land dedication.
This was discussed at the September 15th workshop meeting.
Approval is recommended.
REGULAR AGENDA
8. a. Resolution No. 71-81 making tentative appropriations of sums
of money for all necessary expenditures from October 1, 1981
through September 30, 1982 has been prepared for Council con-
sideration at Tuesday night's meeting.
PREFACE 9-22-81
Page 3
8. b. Resolution No. 72-81 establishing the City's tentative millage
rates for the 1981-82 fiscal year has been prepared for Council
consideration at the meeting Tuesday night. This resolution
is in conformance with prior discussions and actions with
respect to the establishment of the City's 1981-82 budget.
c. Resolution No. 75-81 supporting and ratifying the resolution
passed on September 17, 1981 by the Palm Beach County League
of Municipalities which supports the retention of the current
structure of the Solid Waste Authority, proposes an alternative
structure and requests certain changes regarding revenue for
the Solid Waste Authority has been prepared for Council con-
sideration at Tuesday night's meeting.
d. Ordinance No. 48-81, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to building height 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 September 8th 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. 58-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance, if passed, will amend Chapter 9
"Buildings and Construction", Article VI "Electricity" of the
Code of Ordinances relative to prohibiting the use of aluminum
conductors of any type in the City. This ordinance was passed
on First Reading at the September 8th 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. 59-81 relative to annexing a 1.4-acre parcel of
land, located east and west sides of Frederick Boulevard, be-
tween Avenue "I" and Avenue "J", subject to RM-IO (Multiple
Family Dwelling) District 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
August 25th 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. 60-81 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday night.
This ordinance, if passed, will annex a portion of a 16-foot
alley, bounding Lots 1, 2 and west 1/2 of Lots 10 and 11,
Block 4, Sophia Frey Subdivision. This ordinance was passed
on First Reading at the August 25th 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. 61-81 relative to annexing a 1.704-acre parcel
of land located south of S. E. 10th Street, between S. E. 5th
Avenue and S. E. 6th Avenue, 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 August 25th meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
PREFACE 9-22-81
Page 4
8. h. held at Tuesday night's meeting in order that any interested
parties may be heard.
i. Ordinance No. 63-81 has been prepared for Council consider-
ation on Second and FINAL Reading at Tuesday night's meeting.
This ordinance, if passed, will amend Chapter 11 "Fire
Protection and Prevention" of the Code of Ordinances relative
to automatic sprinkler systems. This ordinance was passed on
First Reading at the September 8th 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. 64-81, amending Chapter 19 "Planning and Zoning
Generally" of the Code of Ordinances relative to members of
the Board of Adjustment serving on other boards 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 September 8th 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.
k. Ordinance No. 65-81 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 paving re-
quirements for off-street parking. This ordinance was
passed on First Reading at the September 8th 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. 66-81 making final appropriations of sums of
money for all necessary expenditures from October 1, 1981
through September 30, 1982 has been prepared for Council con-
sideration on First Reading at the meeting Tuesday night.
m. Ordinance No. 67-81 establishing the City's millage rates for
1981-82 fiscal year has been prepared for Council consider-
ation on First Reading at the meeting Tuesday night. This
ordinance is in conformance with prior discussions and actions
with respect to the establishment of the City's 1981-82
budget.
n. Ordinance No. 68-81, amending Chapter 16 "Offenses-Miscel-
laneous" of the Code of Ordinances relative to increasing the
permit fee and electrical service fee related to the erection
and dismantling of tents has been prepared for Council con-
sideration on First Reading at the meeting Tuesday night.
9. a. The planning & Zoning Board at a meeting held on June 15th,
recommended by unanimous vote that the Perry rezoning and
comprehensive plan amendment to change the Land Use Plan
designation for a 20-acre parcel of land from SF (Single
Family) to C (Commercial) and rezone from R-lAA (Single Family
Dwelling) District to CC (Community Commercial), located at
the northeast corner of Military Trail and Linton Boulevard,
be denied for the following reasons:
1) The change would be contrary to the existing land use
pattern; that being low density residential to high
intensity commercial. This commercial will, in itself,
adversely influence living conditions in the area.
PREFACE 9-22-81
Page 5
9. a. 2) The change would increase traffic and affect public
safety by increasing the traffic volume over what it
would be under the present zoning of R-lAA.
3) The change would be contrary to the Comprehensive Land
Use Plan, and would have an adverse effect on the Plan
by allowing commercial uses to encroach into the single
family area.
4) There are no substantial reasons why the property can-
not be used in accordance with existing zoning. Many
Florida communities have single family developments in
close proximity to high volume traffic carriers.
5) There are other adequate sites in the City that are
properly zoned for such use (i.e., less than two miles
to the north is a very large commercial zoned property
of approximately 2,900,000 sq. ft.; also, approximately
two and one half miles to the east is another piece of
property zoned CC which contains 1,212,500 sq.ft.
Furthermore, on the southwest corner, there is over
120,000 sq.ft. of commercial floor area under construc-
tion). In addition, the City has a grand total of
approximately 752 acres zoned for commercial use, which
constitutes over 10% of the total land area of the City,
and as such, the City is meeting its commercial needs.
6) Any change in zoning to commercial will adversely effect
the health, safety and welfare of the surrounding area,
and, in turn, the City as a whole.
This was discussed at the workshop meeting on September 15th.
It is recommended that the rezoning request be denied.
PREFACE 9-22-81
Page 6