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02-25-80 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING February 25, 1980 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 February 11, 1980. 4. Presentation of items by Council Members. 5. Recognition of public requests from the floor. 6. Items submitted through the City Manager: a. Items not on the agenda. b. Consider approval of agreement between the City and the Palm Beach County School Board. c. Consider appointment to PERC Commission. d. Consider appointment to the Code Enforcement Board. e. Consider authorizing transfer of funds. f. Consider resort facility tennis membership. 7. Petitions and Communications: a. Consider authorizing water service -- William J. Ward. 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 22-80 authorizing purchase of sanitation equipment. b. Second and FINAL Reading of Ordinance No. 6-80 amending the Traffic and Motor Vehicles ordinance relative to traffic signs and signals. c. Second and FINAL Reading of Ordinance No. 7-80 amending the Zoning ordinance relative to inspection of paving and drainage on parking lots. d. Second and FINAL Reading of Ordinance No. 8-80 amending the Building Code ordinance relative to walls and handrails on stairways. e. Second and FINAL Reading of Ordinance No. 9-80 amending the Streets and Sidewalks and Zoning ordinances relative to public right-of-way work permits. f. Second and FINAL Reading of Ordinance No. 10-80 establishing a charge for installation of grave markers. g. Second and FINAL Reading of Ordinance No. 11-80 amending the Zoning ordinance relative to parking regulations in the Central Business District. h. First Reading of Ordinance No. 12-80 amending the Signs and Billboards ordinance relative to banners and flags. 8. i. First Reading of Ordinance No. 13-80 amending the Garbage and Trash ordinance relative to garbage and trash collection in High Point. j. First Reading of Ordinance No. 14-80 amending the Subdivisions ordinance relative to parks and recreation funds. k. First Reading of Ordinance No. 15-80 amending the Zoning ordi- nance relative to veterinary clinics. 1. First Reading of Ordinance No. 16-80 amending the Garbage and Trash ordinance relative to fees for use of the City's transfer station. m. First Reading of Ordinance No. 17-80 amending the Water and Sanitary Sewerage ordinance relative to user charge and industrial cost recovery system. n. First Reading of Ordinance No. 18-80 amending the Water and Sanitary Sewerage ordinance relative to sanitary and storm sewers. 9. a. Report from the Planning & Zoning Board relative to final plat approval -- Rainberry Lake (Phase IV B). b. Report from the Planning & Zoning Board relative to replat -- Rainberry Lake (Phase IV A). c. Report from the Planning & Zoning Board relative to replat -- Rainberry Lake -- Phase II. d. Report from the planning & Zoning Board relative to site and development plan approval -- Shoppes of Rainberry. e. Report from the Planning & Zoning Board relative to final plat approval -- Estates II Subdivision (Hamlet-Phase XI). f. Report from the Planning & Zoning Board relative to final plat approval -- Homewood Lakes (Section D). AGENDA 2-25-80 Page 2 PRE F ACE 6. b. It is recommended that Council authorize execution of an agree- ment between the City and Palm Beach County School Board with respect to the Community School Program, which has been in operation in the City for several years. This agreement will involve an expenditure of $4,000 for the 1979-80 fiscal year instead of $8,000 as budgeted in previous years. Funds are provided in the 1979-80 budget for this purpose. c. If Council is ready to do so at the meeting Monday night, consideration may be given to the reappointment of Dr. John Miklos as a regular member of the PERC Commission to a 4-year term ending March 13, 1984. Dr. Miklos is willing to serve if reappointed. d. Council may consider appointing Roy Simon as a member of the Code Enforcement Board to a three-year term ending January 14, 1983. Mr. Simon's transfer from the Community Appearance Board to the Code Enforcement Board leaves a vacancy on CAB that will need to be filled. e. It is recommended that Council authorize the transfer of $17,000 from the General Fund Contingency Account for electrical material to be used at the City Marina. $20,000 is provided in the current budget for required electrical work at the Marina, but an additional $17,000 is needed to complete the project. The electrical repairs will be done by City employees. f. As discussed at the February 4th workshop meeting, consider- ation is to be given at Monday night's meeting to a proposed amendment to Ordinance No. 63-79 "Tennis Rates'" which estab- lishes two new membership categories: a winter membership and a summer membership for non-residents. A copy of a memorandum to City Council from the City Manager dated February 13th is enclosed. It is recommended that Council consider authorizing the City Attorney to prepare the ordinance amendment as recommended. 7. a. A request has been received for water service for Easy Pay Tire Company, Inc. to be constructed on one acre on West Atlantic Avenue between the Delray Square Shopping Center and Barwick Road. 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. a. The fOllowing quotations have been received for the purchase of three front end loading refuse vehicles: Bidder Quotation Southland Equipment Corporation Bartow $175,719.00 Trade-in allowance 3,000.00 $172,719.00 $209,658.60 MTA Equipment Corporation Amelia Island Trade-in allowance None $209,658.60 8. a. It is recommended that the contract be awarded to the low bidder, Southland Equipment Corporation in the amount of $172,719 by passage of Resolution No. 22-80, with funding to come from proposed garbage fee revenue bonds. Resolution No. 21-80, which was adopted at the special Council meeting on February 21st, rejected bid No. 175 as shown on Resolution No. 19-80. Resolution No. 22-80 com- pletes the sanitation equipment purchase that will be required when the City takes over the trash and garbage collection on July 1, 1980. b. Ordinance No. 6-80 amending Chapter 25 "Traffic and Motor Vehicles" of the Code of Ordinances relative to determining the need for official traffic control devices, signs and signals has been prepared for Council consideration on Second and FINAL Reading at the meeting Monday night. This ordinance was passed on First Reading at the February 11th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. c. Ordinance No. 7-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Monday night. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to requiring the certification of an architect or engineer that paving and drainage facilities for off-street parking areas have been constructed according to the approved plans. This ordinance was passed on First Reading at the February 11th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. d. Ordinance No. 8-80 amending Chapter 9 "Building Code" of the Code of Ordinances relative to establishing requirements for walls and handrails on both sides of stairways has been pre- pared for Council consideration on Second and FINAL Reading at Monday night's meeting. This ordinance was passed on First Reading at the February 11th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. e. Ordinance No. 9-80 has been prepared for Council consideration on Second and FINAL Reading at the meeting Monday night. This ordinance, if passed, will amend Chapter 23 "Streets and Side- walks" and Chapter 29 "Zoning" of the Code of Ordinances relative to installation and maintenance of walls, fences, hedges and similar structures, on or adjacent to public rights-of-way. This ordinance was passed on First Reading at the February 11th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. f. Ordinance No. 10-80 establishing a charge for installation of grave markers has been prepared for Council consideration on Second and FINAL Reading at the meeting Monday night. This ordinance was passed on First Reading at the February 11th meeting. l>REFACE 2-25-80 Page 2 8. f. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. g. Ordinance No. 11-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Monday night. This ordinance, if passed, will amend Chapter 29 "Zoning" of the Code of Ordinances relative to parking regulations in the Central Business District. This ordinance was passed on First Reading at the February 11th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at Monday night's meeting in order that any interested parties may be heard. h. Ordinance No. 12-80 amending Chapter 3 "Signs and Billboards" of the Code of Ordinances relative to banners and flags has been prepared for Council consideration on First Reading at the meeting Monday night. Council, at the February 11th meeting, instructed the City Attorney to prepare the ordinance. i. Ordinance No. 13-80 amending Chapter 14A "Garbage and Trash" of the Code of Ordinances granting permission for Sections 1 through 7, High Point, to contract with a private contractor for the providing of garbage and trash collection, has been prepared for Council consideration on First Reading at the meeting Monday night. At the January 21st workshop meeting, Council instructed the City Attorney to prepare the ordinance. j. Ordinance No. 14-80 amending Chapter 23A "Subdivisions" of the Code of Ordinances providing for payments in lieu of the dedication of land for parks and recreation has been pre- pared for Council consideration on First Reading at Monday night's meeting. Council, at the January 28th meeting, instructed the City At- torney to prepare the ordinance. k. Ordinance No. 15-80 amending Chapter 29 "Zoning" of the Code of Ordinances relative to prohibiting veterinary clinics from disposing of carcasses on-site has been prepared for Council consideration on First Reading at the meeting Monday night. Council, at the meeting on January 28th, instructed the City Attorney to prepare the ordinance. 1. Ordinance No. 16-80 amending Chapter 14A "Garbage and Trash" of the Code of Ordinances relative to fees for use of the City's transfer station has been prepared for Council consider- ation on First Reading at the meeting Monday night. m. Ordinance No. 17-80 amending Chapter 27 "Water and Sanitary Sewerage" of the Code of Ordinances establishing a user charge and industrial cost recovery system for the use of certain sewers has been prepared for Council consideration on First Reading at Monday night's meeting. n. Ordinance No. 18-80 amending Chapter 27 "Water and Sanitary Sewerage" of the Code of Ordinances establishing the require- ments and procedures to regulate the use of sanitary and storm sewers has been prepared for Council consideration on First Reading at the meeting Monday night. 9. a. The Planning & Zoning Board at a meeting held on February 15th, recommended by unanimous vote that the final plat for Rainberry PREFACE 2-25-80 Page 3 9. a. Lake (Phase IV B), located on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal be approved, subject to the following: 1) City Engineer's memorandum of February 7th (copy attached) . 2) Director of Public Utilities memorandum of January 8th (copy attached). 3) Availability of water. b. The Planning & zoning Board at a meeting held on February 15th, recommended by unanimous vote that a replat of Phase IV A of the Rainberry Lake development, which consists of re- aligning a number of lot lines, located on the west side of Congress Avenue between Lake Ida Road and the L-30 Canal be approved, subject to the following: 1) City Engineer's memorandum of February 6th (copy attached). 2) Director of Public Utilities memorandum of February 4th (copy attached). 3) Availability of water. c. The Planning & Zoning Board at a meeting held on February 15th, recommended by unanimous vote that a replat of a portion of Rainberry Lake - Phase II, which consists of increasing the frontage on the lake for Lot 15, located on the west side of Congress Avenue, between Lake Ida Road and the L-30 Canal be approved, subject to the following: 1) City Engineer's memorandum of January 28th (copy attached). 2) Director of Public utilities memorandum of January 17th (copy attached). 3) Availability of water. d. The Planning & Zoning Board at a meeting held on February 19th, recommended by unanimous vote that the site and development plan for Shoppes of Rainberry, located at the southeast corner of Lake Ida Road and Congress Avenue be approved, subject to the following: 1) City Engineer's memorandum of January 21st (copy attached) . 2) Director of Public utilities memorandum of January lOth (copy attached). 3) Availability of water. 4) A time limitation of 18 months be set for development of the project. Council may take action on the recommendation of the Planning & Zoning Board or refer to workshop meeting. e. The Planning & Zoning Board at a meeting held on January 22nd, recommended by unanimous vote that the final plat for Estates II Subdivision (Hamlet-Phase XI), located on the east side of Hamlet Drive, between Atlantic Avenue and the L-34 Canal, be approved, subject to the following: 1) City Engineer's memorandum of January 21st (copy attached). 2) Director of Public Utilities memorandum of January 17th (copy attached). 3) That the sidewalk requirement be waived on both sides of the street. 4) That the dead-end street be approved at a length greater than 1,000 feet. 5) Availability of water. f. The Planning & Zoning Board at a meeting held on February 15th, recommended by unanimous vote that the final plat for Homewood Lakes (Section D), located on the south side of Atlantic Avenue, between Dover Road and Homewood Boulevard, be approved, subject to the following: 1) 2) 3) City Engineer's memorandum of February 5th (copy attached). Director of Public Utilities memorandum of January 17th (copy attached). Availability of water. PREFACE 2-25-80 Page 4