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10-28-80 Regular ~~ CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING October 28, 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 October 14, 1980 and special meeting of October 9, 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 setting date for first regular Council meeting in November. c. Consider changing the golf cart winter rate. d. Consider establishing winter and summer seasons ~ Delray Beach Country Club. e. Consider authorizing seeking bids for refuse collection. f. Consider cancellation of MICA contract. g. Consider appointment to Board of Adjustment. h. Consider appointment to the Civil Service Board. i. Consider acceptance of a 10-foot easement deed from the Palm Beach County School Board. j. Consider awarding contract to clean and paint the Delray Beach Country Club clubhouse and pro shop. k. Consider approval of Trafficway Plan. 7. Petitions and Communications: a. Consider request for solicitation of funds -- Delray Beach Pub- lic Library. b. Consider request for solicitation of funds -- League of Women Voters of South Palm Beach County, Inc. c. Consider request for solicitation of funds -- The Arthritis Foundation. 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 89-80, vacating and abandon- ing an easement -- Del-Harbour Subdivision. b. Consider adoption of Resolution No. 92-80 accepting as oper- ational the sanitary sewers and water utilities in pine Trail, Section One. c. Consider adoption of Resolution No. 93-80 accepting as oper- ational the streets installed in Pine Trail, Section One. d. Consider adoption of Resolution No. 94-80 accepting as oper- ational the sanitary sewers and water utilities in pine Trail, Section Two. 8. e. Consider adoption of Resolution No. 95-80 accepting as oper- ational the streets and storm drains installed in Pine Trail, Section Two. f. Consider adoption of Resolution No. 96-80 accepting as oper- ational the sanitary sewers and water utilities in pine Trail, Section Three. g. Consider adoption of Resolution No. 97-80 accepting as oper- ational the streets and storm drains installed in pine Trail, Section Three. h. Consider adoption of Resolution No. 98-80 for the purchase and installation of a fence at the Delray Beach Country Club. i. Consider adoption of Resolution No. 99-80 providing for a special assessment. / J . Consider adoption of Resolution No. 100-80 for the purchase of a 1250 G.P.M. pumper. k. Consider adoption of Resolution No. 101-80 relative to the purchase of a Xerox 850 line display system for the City At- torney's office. 1. Consider adoption of Resolution No. 102-80 relative to traffic controller preempter at N. E. 8th Street. m. Consider adoption of Resolution No. 103-80 urging the United States Government to finance the expansion of the Naval and Coast Guard facilities in south Florida. n. Second and FINAL Reading of Ordinance No. 56-80 providing for a Referendum Election to be held November 4, 1980, concern- ing the Delray Beach Downtown Development Authority. o. Second and FINAL Reading of Ordinance No. 57-80 relative to discontinuing inoculation of Palm Trees. p. Second and FINAL Reading of Ordinance No. 59-80 relative to requiring a minimum number of single family dwelling units rather than a minimum single family acreage in the PRD Districts. q. First Reading of Ordinance No. 61-80 relative to trade shops. r. First Reading of Ordinance No. 62-80 relative to off-street parking. s. First Reading of Ordinance No. 63-80 relative to Code En- forcement Board. 9. Reports: a. Report from the Planning & Zoning Board relative to condi- tional use approval -- Seacrest Hotel. b. Report from the Planning & Zoning Board relative to rezoning, conditional use, site and development plan approval -- Laver's North. c. Report from the Planning & Zoning Board relative to street abandonment -- Laver's Development. d. Report from the Planning & Zoning Board relative to final plat approval -- Ye Little Wood Subdivision. e. Report from the Planning & Zoning Board relative to street abandonment -- Part of Germantown Road. AGENDA 10-28-80 Page 2 9. f. Report from the Planning & Zoning Board relative to condi- tional use approval -- Sutton's Chapel Church of God in Christ. g. Report from the Planning & Zoning Board relative to easement abandonment -- Moore's Landing. AGENDA 10-28-80 Page 3 PREFACE 6. b. As discussed at workshop on October 21st, Council is to con- sider setting November 10th as the date of the first regular Council meeting in November because of the fact that Tuesday, November 11th is a legal City holiday. c. It is recommended that Council approve changing the golf cart winter rate from $10 to $12 per prior discussion. d. It is recommended that Council designate November - April, inclusive, as the winter season and May - October, inclusive, as the summer season at the Delray Beach Country Club. e. It was agreed at workshop on October 21st to consider au- thorizing the administration at the October 28th Council meeting to seek bids for refuse cOllection.. f. Pursuant to discussion at the October 21st workshop meeting, Council is to consider cancellation of the MICA contract at the October 28th Council meeting. g. As discussed at the October 21st workshop meeting, Council is to consider at the meeting Tuesday night the appointment of Alfred Carrocia as a regular member of the Board of Adjust- ment to the unexpired term of Alexander Simon ending March 15, 1983. h. As discussed at the workshop meeting on October 21st, Council is to consider at the meeting Tuesday night the appointment of Joel Smith as a regular member of the Civil Service Board to the unexpired term of Mort Rowe, beginning on November 1, 1980 and ending April 1, 1983. i. It is recommended that Council accept the easement deed from the Palm Beach County School Board for the south 10 feet of Block 68, Delray Beach Elementary Site, located on the north side of Atlantic Avenue between Swinton Avenue and N. E. 1st Avenue. This request was presented to Council by Mr. Ken Ellingsworth at the October 14th meeting. j. The following quotations have been received to paint the Delray Beach Country Club clubhouse and pro shop: Bidder Quotation Merkel Brothers Delray Beach $3,800.00 Tom Gustafson Industries Boynton Beach 5,165.00 Hagen's, Inc. Delray Beach 6,335.90 Tim Wood Corporation Delray Beach 8,000.00 James J. Nicholson Delray Beach 9,920.00 It is recommended that Council, by motion, award the contract to the low bidder, Merkel Brothers in the amount of $3,800.00, with financing to come from budgeted funds. k. Council decided at workshop on October 21st to consider ap- proval of the proposed Trafficway Plan at the October 28th meeting. 6. k. Council may adopt the plan (1) as presented; (2) as modified by Enclosure A; or (3) take any other desired action. 7. a. A communication has been received from Delray Beach Public Library requesting permission to solicit funds from March 1st to March 14, 1981, approval of which is recommended, with endorsement, by the Solicitations Committee. b. A communication has been received from League of Women Voters of South Palm Beach County, Inc., requesting permission to solicit funds from November 17th to November 28, 1980, ap- proval of which is recommended by the Solicitations Committee. c. A communication has been received from The Arthritis Foun- dation requesting permission to solicit funds from January 17th to January 30, 1981, approval of which is recommended by the Solicitations Committee. 8. a. Resolution No. 89-80, vacating and abandoning a l2-foot drain- age easement along the common boundary line of Lots 29 and 30, Del-Harbour Subdivision, located on the south side of Del Haven Drive, between AlA and the Intracoastal Waterway, has been prepared for Council consideration at the meeting Tuesday night. Council, at the October 14th meeting, instructed the City At- torney to prepare the resolution. b. It is recommended that sanitary sewers and water utilities in Pine Trail, Section One be accepted as operational by adoption of Resolution No. 92-80. c. It is recommended that the streets in pine Trail, Section One be accepted as operational by adoption of Resolution No. 93-80. d. It is recommended that the sanitary sewers and water utilities in Pine Trail, Section Two be accepted as operational by adop- tion of Resolution No. 94-80. e. It is recommended that the streets and storm drains in Pine Trail, Section Two be accepted as operational by adoption of Resolution No. 95-80. f. It is recommended that the sanitary sewers and water utilities in Pine Trai~, Section Three be accepted as operational by adoption of Resolution No. 96-80. g. It is recommended that the streets and storm drains in Pine Trail, Section Three be accepted as operational by adoption of Resolution No. 97-80. h. The following quotations have been received for the purchase and installation of approximately 1650 feet of three-foot high split rail fence at the Delray Beach Country Club: Bidder Quotation Southern Fence Company Boca Raton $4,925.00 Boca Raton Fence & Garden Center Boca Raton 5,800.00 Bulldog Fence Company Boynton Beach 5,100.00 It is recommended that the contract be awarded to the low bidder, Southern Fence Company in the amount of $4,925.00 by passage of Resolution No. 98-80 with funds to come from the 1978 Utilities Tax Revenue Bond Issue. PREFACE 10-28-80 Page 2 8. i. Resolution No. 99-80 providing for a special assessment for properties abutting the unpaved portion of the alley in the block between N. E. 3rd Avenue and the FEC Railroad tracks, extending 430 feet north from N. E. 3rd Street, has been prepared for Council consideration at the meeting Tuesday night. j. The following quotations have been received to sell the City a 1250 G.P.M. pumper for the Fire Department: Bidder Quotation w. Q. Dowling Fire Equipment Emergency One Keystone Heights, FL $92,341.00 American LaFrance, Inc. Elmira, NY 96,859 ( 4 items do not meet specs) Fire and Rescue Apparatus (Bid Quality Manufacturing, Inc. Coral Springs, FL A)75,500 (14 items do not meet specs) (Bid B) 78,595 ( 9 items do not meet specs) It is recommended that the purchase award be made to W. Q. Dowling Fire Equipment Emergency One in the amount of $92,341, the only bid which meets all City specifications, with financing to come from the General Obligation Bonds, Series 1980, by adoption of Resolution No. 100-80. k. Resolution No. 101-80 relative to the purchase of a Xerox 850 line display system in the amount of $7,268 for the City Attorney's office has been prepared for Council consideration at the meeting Tuesday night. 1. Resolution No. 102-80 to ratify and confirm prior contract negotiations and award a contract for the purchase from Palm Beach County of a traffic controller preempter providing a red traffic signal for N. E. 8th Street and FEC Railroad upon the approach of a train has been prepared for Council consideration at Tuesday night's meeting. Cost of the equip- ment is $4,762.35. Funds are provided in the General Fund budget. m. Resolution No. 103-80 urging the United States Government-to finance the expansion of the Naval and Coast Guard facilities in south Florida has been prepared for Council consideration at the meeting Tuesday night. This was discussed at the October 21st workshop meeting. n. Ordinance No. 56-80 providing for a Referendum Election to be held November 4, 1980 concerning the Delray Beach Down- town Development Authority expanding the downtown area description to add properties lying east of the Intracoastal Waterway, 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 14th 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. o. Ordinance No. 57-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 27 "Trees and Shrubs" of the Code of Ordinances relative to PREFACE 10-28-80 Page 3 8. o. discontinuing inoculation by the City of all palm trees within the City. This ordinance was passed on First Read- ing at the October 14th 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. p. Ordinance No. 59-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to requiring a minimum number of single family dwelling units rather than a minimum single family acreage in the PRD Districts 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 14th 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. q. Ordinance No. 61-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to trade shops has been prepared for Council consideration on First Reading at the meeting Tuesday night. r. Ordinance No. 62-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking has been prepared for Council consideration on First Reading at Tuesday night's meeting. Council, at the October 7th workshop meeting, directed the City Attorney to prepare the ordinance. s. Ordinance No. 63-80, amending Chapter 2 "Administration" of the Code of Ordinances relative to the Code Enforcement Board has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the October 21st workshop meeting. 9. a. The Planning & Zoning Board at a meeting held on July 14th, recommended by unanimous vote that the conditional use in the LC (Limited Commercial) District to allow a 168 room hotel in a six story structure, located at the northwest. corner of Atlantic Avenue and AlA be approved, subject to: 1) City Engineer's memorandum of July 14th (copy attached). 2) Director of Public utilities memorandum of July 7th (copy attached). 3) That a development impact fee be assessed to the devel- oper in order to compensate for the removal of 21 parking spaces on Atlantic Avenue, and that these monies be set aside in a special fund to be earmarked for providing parking spaces east of the Intracoastal Waterway. 4) A time limitation of 18 months be set for development of the proj ect. b. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that Laver's North, located south of Linton Boulevard, between Lindell Boulevard and S. W. 4th Avenue be rezoned from RM-lO (MUltiple Family Dwelling) District to SAD (Special Activities) District and that the conditional use and site and development plan to allow a tennis resort consisting of 610 dwelling units in eleven 5-story buildings and 26 tennis courts be approved, subject to: PREFACE 10-28-80 Page 4 9. b. 1) City Engineer's memorandum of September 22nd (copy attached) . 2) Director of Public Utilities memorandum of September 12th (copy attached). 3) A time limitation of 18 months be set for development of the project. 4) Allowing only those uses as described on the attached list to locate in this development. c. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that a portion of Egret Circle and Quail Road be abandoned, subject to petitioner's con- structing a bike path on S. W. 4th Avenue, along the entire eastern boundary of the Laver development. This abandonment will establish a private roadway with access control into Laver's tennis complex. d. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that the final plat for Ye Little Wood Subdivision, located south of Lake Terrace, be- tween Aylesbury Road and Swinton Avenue be approved, subject to: 1) City Engineer's memorandum of October 16th (copy at- tached) . 2) Director of Public Utilities memorandum of October 8th (copy attached) . e. The Planning & Zoning Board at a meeting held on October 20th, recommended by a vote of 6 to 0 (Blair abstaining) that a part of Germantown Road, located south of Linton Boulevard, between Congress Avenue and the SAL Railroad be abandoned subject to the City Engineer's memorandum of October 14th (copy attached). The abandonment is requested in order to construct research laboratories and offices. f. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that the conditional use to allow a church addition for Sutton's Chapel Church of God in Christ, located at the southeast corner of S. W. 2nd Street and S. W. 4th Avenue be approved, subject to: 1) City Engineer's memorandum of September 22nd (copy at- tached) . 2) Director of Public Utilities memorandum of September ~lth (copy attached). 3) A time limitation of 18 months be set for development of the project. 4) Receiving the required variances from the Board of Adjust- ment. g. The Planning & Zoning Board at a meeting held on October 20th, recommended by unanimous vote that a six foot drainage ease- ment within the Moore's Landing property, located north of N. E. 8th Street between Andrews Avenue and the Intracoastal Waterway be abandoned, subject to the City Engineer's memo- randum of October 14th (copy attached). The existing ease- ment severely constrains development and will be relocated eastward. PREFACE 10-28-80 Page 5