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12-08-81 Regular I CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING December 8, 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 November 24, 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 multiple contracts and bids received on solid waste. (Approval is recommended.) (2) Consider authorizing submitting to sale confiscated vessels: 1976 Egg Harbor and 1968 Chris Craft. (Approval is recommended.) (3) Consider appointment to the Board of Adjustment. (Ap- proval is recommended.) (4) Consider appointments to the Board of Construction Ap- peals. (Approval is recommended.) (5) Consider appointments to the Code Enforcement Board. (Approval is recommended.) (6) Consider refund of Board of Adjustment fee to Charlotte D. Tredore. (Approval is recommended.) (7) Consider entering into a two-year lease/equity plan with The Delta Company regarding Canon NP120 photocopier for the City Attorney's office. (Approval is recommended.) (8) Consider authorizing execution of an agreement between the City and Laver's Delray Racquet Club, Inc. for the installation of a traffic signal at S. W. 10th Avenue and Linton Boulevard. (Approval is recommended.) (9) Consider authorizing payment of MICA bill. recommended. ) (Approval is (11) Consider purchase of two reel-type mowers for the Parks & Recreation Department. (Approval is recommended.) (12) Consider purchase of turf sweeper for the Parks & Recre- ation Department. (Approval is recommended.) (13) Consider purchase of a tractor for the Parks & Recre- ation Department. (Approval is recommended.) (14) Consider purchase of an undermounted rotary mower for the Parks & Recreation Department. (Approval is recommended. ) 6. b. (15) Consider purchase of a tractor for the Delray Beach Country Club. (Approval is recommended.) (16) Consider purchase of carpet for the Delray Beach Country Club. (Approval is recommended.) (17) Consider adoption of Resolution No. 96-81 accepting as operational the sanitary sewers and water utilities in- stalled in Homewood Lakes. (Approval is recommended.) (18) Consider adoption of Resolution No. 97-81 accepting as operational the storm drains installed in Homewood Lakes. (Approval is recommended.) (19) Consider adoption of Resolution No. 98-81 amending Reso- lution No. 91-81 which requested permission from the Palm Beach County Board of Commissioners to rezone land -- Southeast corner of S. W. lOth Street and S. W. 7th Avenue (South Atlantic Conference Association of Seventh Day Adventists, Inc., applicant). (Approval is recommended. ) (20) Consider adoption of Resolution No. 99-81 supporting the efforts of the Florida League of Cities to increase the State sales tax by 19. (Approval is recommended.) (21) Report from the planning & zoning Board relative to County Rezoning Petition 81-222 -- Northeast corner of Military Trail and the L-31 Canal. (Opposition to the petition is recommended.) (22) Report from the Planning & Zoning Board relative to County Special Exception Petition 81-234 -- East side of Germantown Road, between Poinsettia Drive if extended east and Georgia Street if extended east. (Opposition to the petition is recommended.) REGULAR AGENDA c. Further consideration of o. Sam Ackley appointment. d. Consider retention of outside counsel regarding Robert Sylvester vs City of Delray Beach and Robert Druien vs City of Delray Beach. e. Consider proposed ordinance relative to the water lien pro- cedures to increase deposits and provide notice to property owners. 7. Petitions and Communications None. 8. Resolutions and Ordinances a. Second and FINAL Reading of Ordinance No. 76-81 relative to annexation -- West side of Florida Boulevard, between LaMat Avenue and Avenue "J" (Henry E. and Judith C. Brooks, ap- plicants) . b. Second and FINAL Reading of Ordinance No. 79-81 relative to nuisances on property. c. Second and FINAL Reading of Ordinance No. 80-81 amending Ordinance No. 66-81 relative to providing for adjustments to the City Attorney's budget. d. First Reading of Ordinance No. 81-81 relative to Gulfstream Bank drive-in facility being constructed in accordance with site and development plans. e. First Reading of Ordinance No. 82-81 relative to signs and billboards. AGENDA 12-8-81 Page 2 8. f. First Reading of Ordinance No. 83-81 relative to building setbacks. g. First Reading of Ordinance No. 84-81 relative to dockage rates. h. First Reading of Ordinance No. 85-81 relative to adoption of the 1979 edition of the Southern Standard Gas Code and the 1980 amendments thereto. i. First Reading of Ordinance No. 86-81 relative to adoption of the 1979 edition of the Standard Housing Code and the 1980 amendments thereto. j. First Reading of Ordinance No. 87-81 relative to landscaping. 9. Reports None. AGENDA 12-8-81 Page 3 PRE F ACE 6. b. CONSENT AGENDA (1) As di~cu~sed at the December 1st workshop meeting, Councll lS to consider continuing the present garbage collection by City forces and returning the transfer station to the Solid Waste Authority. It is recomm~nded that City forces continue the gar- bage collectlon and that the transfer station be returned to the Solid Waste Authority. (2) It is recommended that Council authorize submitting to sale the vessels, a 1976 33-foot Egg Harbor and a 1968 38-foot Chris Craft, confiscated in a drug arrest and that auctioneer Jim Graham be retained to handle the sale by auction under terms and conditions similar to the last boat sale. (3) Mr. William Ward, alternate member of the Board of Adjustment has missed three consecutive meetings be- cause of business conflicts. It is recommended that Louis P. Marechal be appointed to the unexpired term of William Ward ending March 15, 1984. A copy of Mr. Marechal's resume and a memorandum from the Board of Adjustment are enclosed. (4) As discussed at the workshop meeting on December 1st, Council is to consider the reappointments of Charles Trieste and Christopher Hurst to three-year terms on the Board of Construction Appeals ending January 8, 1985. Approval is recommended. (5) As discussed at the December 1st workshop meeting, Council is to consider the appointment of William H. Merriam as a regular member of the Code Enforcement Board to the unexpired term of Roy Simon ending January 14, 1983; the appointment of Roy Simon as an alternate member to the unexpired term of William H. Merriam ending January 14, 1984; the appointment of Betty Diggans as a regular member to a three-year term ending January 14, 1985; the reappointment of Armand B. Mouw as a regular member to a three-year term end- ing January 14, 1985 and the appointment of Robert Lavallee as a regular member to a three-year term end- ing January 14, 1985. Approval is recommended. (6) It is recommended that a refund of $125.00 be made to Charlotte D. Tredore for Board of Adjustment fees paid by her. It has been determined that the structure at 569 S. W. 29th Avenue is a legal structure under the current zoning ordinance for which a permit was issued and did not require Board of Adjustment approval. A copy of a memorandum from the Board of Adjustment, dated December 2nd, is enclosed. (7) It is recommended that the City enter into a two-year Lease/equity plan with The Delta Company regarding a Canon NP120 photocopier for the City Attorney's office. Payments will amount to $206.79 per month with an option to return the equipment at the end of the lease or purchase the photocopier for $1. PREFACE 12-8-81 Page 1 6. b. (8) As discussed at the workshop meeting on December 1st, Council is to consider authorizing execution of an agreement between the City and Laver's Delray Racquet Club, Inc. for the installation of a traffic signal at S. W. 10th Avenue and Linton Boulevard. The City will attempt to obtain funds for the traffic signal as part of the road impact fee for the future development along Linton Boulevard and S. W. 10th Avenue. Approval is recommended. (9) As discussed at the December 1st workshop meeting, Council is to consider payment of the MICA bill in the amount of $14,174.58. Approval is recommended. (11) Seventeen requests were mailed out for two reel-type mowers for the Parks & Recreation Department. DeBra Turf was the only bidder and their bid met all the specifications. It is recommended that two Jacobson mowers be purchased from DeBra Turf in the amount of $14,280.00 with funds to come from funds allocated in the 1981-82 budget. (12) Seventeen requests were mailed out for a turf sweeper for the Parks & Recreation Department. Only one bid was received from DeBra and their bid met all the specifications requested. It is recommended that the purchase be made from DeBra Turf in the amount of $6,895.00 with funds to come from funds allocated in the 1981-82 budget. (13) The following bids were received for the purchase of a tractor for the Parks & Recreation Department: Bidder Quotation Trade-In Net Price Trail Ford Tractor Lake Worth $5,279.00 $1,800.00 $3,479.00 Broward-Palm Beach Tractor, Inc. Boynton Beach 4,596.00 4,596.50 DeBra Turf Hollywood 5,249.00 5,249.00 Degens Turf & Garden Miramar 6,383.00 6,383.00 Palm Beach Turf Equipment North Palm Beach 5,865.97 2,200.00 3,665.97 It is recommended that the purchase be made from the low bidder, Trail Ford Tractor in the amount of $3,479.00 with funds to come from funds allocated in the 1981-82 budget. PREFACE 12-8-81 Page 2 ... 6. b. (14) The following bids were received for the purchase of an undermounted rotary mower for the Parks & Recreation Department: Bidder Quotation Broward-Palm Beach Tractor, Inc. Boynton Beach $674.46 Palm Beach Turf Equipment North Palm Beach 782.00 Degens Turf & Garden Miramar 875.00 DeBra Turf Hollywood 751. 00 It is recommended that the purchase be made from the low bidder, Broward-Palm Beach Tractor, Inc. in the amount of $674.46, with funds to come from funds allocated in the 1981-82 budget. This mower is com- patible with and can be mounted on the tractor which is to be considered in Item 6b(13) above. (15) The following bids were received for the purchase of a three-cylinder tractor for the Delray Beach Country Club: Bidder Quotation Trail Ford Tractor Lake Worth $4,398.00 Degens Turf & Garden Miramar 4,450.00 Home Equipment Center Davie 5,094.00 Palm Beach Turf Equipment North Palm Beach 5,994.02 Broward-Palm Beach Tractor, Inc. Boynton Beach 5,800.00 It is recommended that the purchase be made from the low bidder, Trail Ford Tractor in the amount of $4,398.00, with funding to come from 1981-82 budgeted funds. This was discussed at the December 1st workshop meet- ing. (16) The fOllowing bids were received for the purchase of carpet in the Pro Shop, foyer to the Clubhouse and men's locker room at the Delray Beach Country Club: Bidder Quotation Design 2000 Boca Raton $2,429.00 Fashion Floors Delray Beach 2,467.42 Transart Industries Delray Beach 2,700.00 PREFACE 12-8-81 Page 3 6. b. (16) It is recommended that the purchase be made from the low bidder, Design 2000 in the amount of $2,429.00 with funding to come from 1981-82 budgeted funds. This was discussed at the workshop meeting on December 1st. (17) It is recommended that sanitary sewers and water utili- ties installed in Homewood Lakes be accepted as oper- ational by adoption of Resolution No. 96-81. (18) It is recommended that storm drains installed in Home- wood Lakes be accepted as operational by adoption of Resolution No. 97-81. (19) Resolution No. 98-81, amending Resolution No. 91-81 which requested permission from the Palm Beach County Board of Commissioners to rezone land to include the County dedicated rights-of-way to be annexed from RH (Residential Multiple Family) (High Density) (County) to SAD (Special Activities) (City), located at the south- east corner of S. W. 10th Street and S. W. 7th Avenue has been prepared for Council consideration at the meeting Tuesday night. Approval is recommended. (20) Resolution No. 99-81 supporting the efforts of the Florida League of Cities to increase the State sales tax by 19 has been prepared for Council consideration at the meeting Tuesday night. This was discussed at the December 1st workshop meeting. Approval is recommended. (21) The City has been notified by the County that the County has received a petition from Robert L. Griffin, II for rezoning from AG (Agricultural) District to CG (General Commercial) District. This property is located at the northeast corner of Military Trail and the L-31 Canal. The Planning & Zoning Board at a meeting held on December 2nd, recommended by unanimous vote that a letter be sent to the County objecting to this petition since this request is in violation of the City's Land Use Plan which designates this area for single family development. A public hearing on this application is to be held be- fore the County Planning Commission on December 10th and before the Board of County Commissioners on December 23rd. It is recommended that Council authorize that a letter be sent to the County objecting to this petition. (22) The City has been notified by the County that the County received a petition from Eleanor Lanier for a special exception to allow a government service facility (relocation of the food stamp operation from Seacrest Boulevard) in a RH (Residential Multiple Family) District (High Density). This property is located on the east side of Germantown Road, between poinsettia Drive if extended east and Georgia Street if extended east. The Plannning & Zoning Board at a meeting held on December 2nd, recommended by unanimous vote that a letter be sent to the County objecting to this petition PREFACE 12-8-81 Page 4 6. b. (22) since this request is in violation of the City's Land Use Plan which designates this area for single family development. A public hearing on this application is to be held be- fore the County Planning Commission on December 10th and before the Board of County Commissioners on December 23rd. It is recommended that Council authorize that a letter be sent to the County objecting to this petition. REGULAR AGENDA d. Council is to consider, at Tuesday night's meeting, authoriz- ing retention of Monroe A. Coogler, at the rate of $65.00 per hour, as counsel for the individual defendants J. Eldon Mariott and Charles Kilgore in regard to the litigation of Robert Sylvester and Robert Druien. Approval is recommended. 8. a. Ordinance No. 76-81 relative to annexing a parcel of land located on the west side of Florida Boulevard, between LaMat Avenue and Avenue "J", subject to RM-IO (Multiple Family Dwelling) District, 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 November 10th 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. 79-81 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 nuisances on property. This ordinance was passed on First Reading at the November 24th 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. c. Ordinance No. 80-81, amending Ordinance No. 66-81 relative to providing general fund expenditures and revenue due to adjustments in the City Attorney's budget, has been pre- pared for Council consideration on Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the November 24th 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. d. Ordinance No. 81-81 amending Ordinance No. 17-79 requiring that the development of the Gulfstream Bank drive-in facility, located at the southeast corner of U. S. No.1 and Linton Boulevard be constructed in accordance with the site and development plans prepared by McCall and Lynch. This was discussed at the October 13th meeting. e. Ordinance No. 82-81, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to a PREFACE 12-8-81 Page 5 8. e. minimum fine of $15.00 per day for any violation of the sign ordinance has been prepared for Council consideration on First Reading at Tuesday night's meeting. This was discussed at the workshop meeting on October 6th. f. Ordinance No. 83-81, amending Chapter 30 "Zoning" of the Code of Ordinances relative to building setbacks has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the October 6th workshop meeting, instructed the City Attorney to prepare the ordinance. g. Ordinance No. 84-81, amending Chapter 8 "Boats and Boating" of the Code of Ordinances re dockage rates has been prepared for Council consideration on First Reading at Tuesday night's meeting. This was discussed at the workshop meeting on December 1st. h. Ordinance No. 85-81 relative to the adoption of the 1979 edition of the Southern Standard Gas Code as compiled by the Southern Building Code Congress is to be presented to Council at Tuesday night's meeting. for passage consideration on First Reading. Passage of this ordinance is needed to update the City's Gas Code ordinance from the 1973 edition that the City is now operating under to the 1979 edition. This was discussed at the workshop meeting on December 1st. i. Ordinance No. 86-81 is to be presented for passage consider- ation on First Reading at Tuesday night's meeting. This ordinance amends Section 9-183 of the City's Code of Ordi- nances by adopting the 1979 edition of the Southern Standard Housing Code. This action should be taken to keep the City's Housing Code current. This was discussed at the December 1st workshop meeting. j. Ordinance No. 87-81, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to instal- lation and maintenance of landscaping has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the December 1st workshop meeting. PREFACE 12-8-81 Page 6