10-27-81 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
October 27, 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 October 13, 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 appointment to the Board of Adjustment.
proval is recommended.)
(Ap-
(2) Consider authorizing Civil Service election on November
17th. (Approval is recommended.)
(3) Consider authorizing execution of an agreement between
the City and E. W. Siver & Associates, Inc. (Approval
is recommended.)
(4) Consider insurance program -- E. W. Siver & Associates,
Inc. (Approval is recommended.)
(5) Consider authorizing the City Manager to send a letter
to Management Improvement Corporation of America (MICA)
relative to moratorium on studies. (Approval is recommended.)
(6) Consider rotation wrecker service. (Approval is recom-
mended. )
(7) Consider purchase of two Thumper units for the Fire De-
partment. (Approval is recommended.)
(8) Consider purchase of Hurst Rescue Tool for the Fire De-
partment. (Approval is recommended.)
(9) Consider granting a 10 foot easement deed to Florida
Power & Light (South Swinton Avenue and S. W. 6th
Street). (Approval is recommended.)
(10) Consider authorizing Change Order No. 2 for Fire Station
No.4. (Approval is recommended.)
(11) Consider execution of Developers' Utility Service Agree-
ment -- Dimentional Builders & Associates, Ltd. for
water and sewer service for the northwest quadrant of
Rainberry Bay. (Approval is recommended.)
(12) Consider execution of Developers' Utility Service Agree-
ment -- Delray Land Developers, Inc. for water and sewer
service. (Approval is recommended.)
(13) Acknowledge minutes of Beautification Committee meeting
of October 7, 1981. (Approval is recommended.)
(14) Consider request for water and sewer service outside the
City -- 1-1/2 blocks north of Linton Boulevard on S. W.
4th Avenue (R. C. Boos Construction, Inc., applicant).
(Approval is recommended.)
6. b. (15) Consider adoption of Resolution No. 86-81 commending
the volunteer members of the City's boards and com-
mitees. (Approval is recommended.)
(16) Consider adoption of Resolution No. 87-81 expressing
the City's support of the improvement of water resource
management techniques for the purpose of assuring im-
proved water quality and water quantity in South Florida.
(Approval is recommended.)
(17) Report from the Planning & Zoning Board relative to final
plat approval -- Southern pines (The Environment I).
(Approval is recommended.)
REGULAR AGENDA
c. Consider bids for the construction of the Public Works Complex.
7. Petitions and Communications
None.
8. Resolutions and Ordinances
a. Second and FINAL Reading of Ordinance No. 72-81 relative to
signs and billboards.
b. First Reading of Ordinance No. 73-81 relative to special
variances, noise control.
c. First Reading of Ordinance No. 74-81, amending Ordinance No.
44-81 to delete the requirement that five parking spaces be
eliminated at the northwest corner of the five acre parcel
of land located south of Linton Boulevard, between Congress
Avenue and the SAL Railroad.
d. First Reading of Ordinance No. 75-81 relative to rezoning
Southwest corner of Congress Avenue and Germantown Road (Leo
A. and Joan M. Blair, applicants).
9. Reports
a. Report from the Planning & Zoning Board relative to final plat
approval -- Homewood Lakes (Section C) .
b. Report from the Planning & Zoning Board relative to Perry re-
zoning and comprehensive plan amendment.
AGENDA 10-27-81
Page 2
PRE F ACE
CONSENT AGENDA
6. b.
(1) As discussed at the October 20th workshop meeting,
Council is to consider at Tuesday night's meeting the
reappointment of Donald R. DeRenzo as a regular member
of the Board of Adjustment to a term ending March 15,
1984.
Approval is recommended.
(2) As discussed at the workshop meeting on October 20th,
Council is to consider authorizing the Civil Service
election on November 17th to replace Carlotta Dodels,
who is no longer a City employee.
Approval is recommended.
(3) E. W. Siver & Associates, Inc., risk management con-
sultants, has requested an increase in their monthly
fee since the City has requested a substantial amount
of additional advice and assistance. A copy of their
letter dated October 7th is enclosed.
It is recommended that Alternate II be accepted and
that Council authorize execution of the agreement.
(4) As discussed at the October 20th workshop meeting,
Council is to consider approving E. W. Siver & Associates,
Inc., risk management consultants proposal to rebidding
the property/casualty insurance. Their fee for the prepa-
ration of specifications, evaluations of proposals and
recommendations would be approximately $9,000.
Approval is recommended.
(5) As discussed at the October 20th workshop meeting, it
is recommended that Council authorize the City Manager
to send a letter to MICA relative to a moratorium on
studies.
(6) As discussed at the workshop meeting on October 20th,
Council is to authorize the administration to seek bids
for a one company wrecker service.
Approval is recommended.
(7) The following bids have been received for the purchase
of two Thumper units for the Fire Department:
Bidder
Quotation
Advanced Cardiac Systems
Pompano Beach
$3,564.00
Florida Anesthesia Services
St. Petersburg
3,564.00
It is recommended that the purchase be made from Ad-
vanced Cardiac Systems in the amount of $3,564.00,
with funding to come from the 1980 G. O. Bond Issue.
PREFACE 10-27-81
Page 1
6. b.
(8) The following bids have been received for the purchase
of a Hurst Rescue Tool for the Fire Department:
Bidder
Quotation
W. Q. Dowling Fire Equipment, Inc.
Ocala
$5,600.00
Fountain Fire & Safety Equipment,
Inc.
Tampa
8,375.00
It is recommended that the purchase be made from W. Q.
Dowling Fire Equipment, Inc., the low bidder, in the
amount of $5,600.00. Funds for this project will come
from the surplus of non-expended budgeted funds from
the 1980-81 Federal Revenue Sharing fund.
(9) It is recommended that Council grant a 10 foot easement
to Florida Power & Light for the new electrical system
at the Water Plant on South Swinton Avenue and S. W.
6th Street.
(10) It is recommended that Council authorize Change Order No.
2 for Fire Station No. 4 which is under construction.
Additional modifications requested by the Fire Depart-
ment amount to $970. The septic tank and drain field
have been deleted since the sewer hookup will be con-
structed by the Utilities Department and this deletion
will amount to $1,895, therefore the Change Order would
decrease the contract by $925 for a total of $208,680.
(11) The standard Developers' utility Service Agreement has
been received from Dimentional Builders & Associates,
Ltd. for water and sewer service for Rainberry Bay
(northwest quadrant).
A check in the amount of $11,300 has been deposited in
the Developers' Fund to cover 113 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.
(12) The standard Developers' Utility Service Agreement has
been received from Delray Land Developers, Inc. for
water and sewer service for property located north of
the entrance to Country Club Acres on Atlantic Avenue,
between Barwick Road and Military Trail and south of the
L-33 Canal.
A check in the amount of $6,682 has been deposited in the
Developers' Fund to cover 6.682 acres at $1,000 per acre.
Council previously approved providing water and sewer
service to this development.
It is recommended that Council approve execution of the
agreement.
(13) It is recommended that the minutes of the Beautification
Committee meeting of October 7, 1981 be acknowledged.
(14) The City is in receipt of an application from R. C. Boos
Construction, Inc. for City water and sewer service to
serve 7.3 acres, located 1-1/2 blocks north of Linton
PREFACE 10-27-81
Page 2
6. b. (14) Boulevard on S. W. 4th Avenue, which is outside the
City. The property is presently vacant and the pro-
posed use is for 84 apartment units.
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.
(15) Resolution No. 86-81 commending the volunteer members
of the City's boards and committees has been prepared
for Council consideration at Tuesday night's meeting.
Approval is recommended.
(16) Resolution No. 87-81 expressing the City's support of
the improvement of water resource management techniques
for the purpose of assuring improved water quality and
water quantity in South Florida has been prepared for
Council consideration at Tuesday night's meeting.
This was discussed at the October 20th workshop meeting.
Approval is recommended.
(17) The Planning & Zoning Board at a meeting held on October
19th, recommended by unanimous vote that the final plat
for Southern pines (The Environment I), located on the
south side of Germantown Road, between S. W. 22nd Avenue
and Congress Avenue, be approved subject to:
(a) City Engineer's memorandum of October 19th
(copy attached) .
(b) Director of Public Utilities' memorandum of
October 12th (copy attached).
(c) That the developer pay to the City, a sum of
money to be determined by the proposed "Park
and Recreation Land Dedication" Ordinance,
when adopted by the City Council.
Approval is recommended.
REGULAR AGENDA
c. The following bids have been received for construction of the
Public Works Complex:
Bidder
Quotation
World Builders
Pompano Beach
$1,308,800
Sessoms-Grice Construction Co, Inc.
Ft. Lauderdale
1,344,441
Creswell Construction
Ft. Lauderdale
1,399,000
Sandpiper Engineering & Const, Inc.
Boca Raton
1,404,000
Twin Construction
Pompano Beach
1,414,141
Padula Construction
Ft. Lauderdale
1,470,000
Robert Ackerman Construction
Lake Worth
1,609,675
PREFACE 10-27-81
Page 3
6. c. A copy of a letter from Roy Simon dated October 16th, is
enclosed.
8. a. Ordinance No. 72-81, amending Chapter 9 "Buildings and Con-
struction" of the Code of Ordinances relative to signs and
billboards 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 October 13th
meeting.
Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been sched-
uled to be held at Tuesday night's meeting in order that
any interested parties may be heard.
b. Ordinance No. 73-81, amending Chapter 16 "Offenses-Miscel-
laneous" of the Code of Ordinances relative to permitting
the City Manager one-time, limited duration, special variances
has been prepared for Council consideration on First Reading
at Tuesday night's meeting.
This was discussed at the workshop meeting on October 20th.
c. Ordinance No. 74-81, amending Ordinance No. 44-81 to delete
the requirement that five parking spaces be eliminated at
the northwest corner of the five acre parcel of land located
south of Linton Boulevard between Congress Avenue and the
SAL Railroad has been prepared for Council consideration
on First Reading at the meeting Tuesday night.
d. Ordinance No. 75-81 relative to rezoning and placing land
zoned AG (Agricultural) District to SAD (Special Activities)
District has been prepared for Council consideration on
First Reading at the meeting Tuesday night.
Public Hearing will be held and consideration given to
passage and Second and FINAL Reading at the November lOth
meeting.
9. a. The Planning & Zoning Board at a meeting held on October 19th,
recommended by unanimous vote that the final plat for Homewood
Lakes (Section C), located on the south side of Atlantic
Avenue, between Homewood Boulevard and the E-4 Canal be
approved, subject to:
(1) City Engineer's memorandum of October 19th (copy
attached) .
(2) Director of Public Utilities' memorandum of July 8th
(copy attached).
(3) That the developer pay to the City, a sum of money
to be determined by the proposed "Park and Recreation
Land Dedication" Ordinance, when adopted by the City
Council.
A copy of a letter from Nathan Miller dated September 3rd
is enclosed.
b. 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 10-27-81
Page 4
9. b.
(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 item was withdrawn from the September 22nd agenda at the
applicant's request and was to go back to the Planning &
Zoning Board. The applicant has since requested it be re-
scheduled for Council consideration at Tuesday night's
meeting.
PREFACE 10-27-81
Page 5