11-25-80 Regular
N~
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
November 25, 1980
AGE N D A
1. Opening Prayer.
2. Pledge of Allegiance to the flag of the unites States of America.
3. Approval of minutes of regular meeting of November 10, 1980 and
special meetings of November 3, 1980 and November 7, 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 Change Order No. 1 relative to extension to
the Island Drive bridge contract.
c. Consider physical fitness program -- Police Department.
d. Consider authorizing closing of N. E. 8th Street bridge.
e. Consider traffic signalization and related improvements --
South Federal Highway/Lindell Boulevard.
f. Consider authorizing execution of Change Order No. 1 in connec-
tion with the Water Treatment Plant and South Pump Station
Expansion.
g. Consider rejecting all bids received for construction and pro-
posed production wells and authorizing Russell & Axon to rebid
the project.
7. Petitions and Communications:
a. Consider request for water and sewer service outside the City
limits -- Delta Petroleum Corporation Station No. 55.
b. Public hearing on constructing pavement and subsurface drainage
system to serve the unpaved portion of the alley in the block
between N. E. 3rd Avenue and the FEC Railroad tracks.
c. Consider request for solicitation of funds -- Daughter of Zion
Seventh Day Adventist Church.
8. Resolutions and Ordinances:
a. Consider adoption of Resolution No. 111-80 relative to con-
struction of a fence at Miller Park, Phase II.
b. Consider adoption of Resolution No. 112-80 relative to a
sprinkler system to be installed at Miller Park, Phase II.
c. Consider adoption of Resolution No. 113-80 relative to in-
stallation of a traffic signal on Atlantic Avenue at N. E./S. E.
7th Avenue.
d. Consider adoption of Resolution No. 114-80 authorizing the pur-
chase of parking meters.
8. e. Second and FINAL Reading of Ordinance No. 31-80 relative to
annexation -- South side of Atlantic Avenue, between Congress
Avenue and the Seaboard Airlines Railroad (Arthur Malernee,
applicant) .
f. Second and FINAL Reading of Ordinance No. 65-80 relative to
rezoning request -- Laver's North.
g. Second and FINAL Reading of Ordinance No. 66-80 relative to
Mini PERC.
h. Second and FINAL Reading of Ordinance No. 68-80 relative to
occupational licenses.
i. First Reading of Ordinance No. 69-80 relative to modular
buildings.
j. First Reading of Ordinance No. 70-80 relative to boat slips.
k. First Reading of Ordinance No. 71-80 relative to garbage and
trash collection charges.
1. First Reading of Ordinance No. 72-80 relative to changing the
City's Land Use Plan designation for a parcel located within
boundaries of Avenue "A" on the north, Avenue "E" on the south,
Florida Boulevard on the east and Frederick Boulevard on the
west.
m. First Reading of Ordinance No. 73-80 relative to changing the
City's Land Use Plan designation for a parcel located in Golf
Park Subdivision, north of Lowson Boulevard.
n. First Reading of Ordinance No. 74-80 relative to changing the
City's Land Use Plan designation and rezoning of a parcel of
land located north of Lowson Boulevard between Dover Road and
Homewood Boulevard.
o. First Reading of Ordinance No. 75-80 relative to changing the
City's Land Use Plan designation and rezoning of a parcel of
land located on the north and south sides of Miramar Drive,
between Gleason Street and AlA.
p. First Reading of Ordinance No. 76-80 relative to changing the
City's Land Use Plan designation and rezoning of a parcel of
land located on the north side of Ingraham Avenue between
Gleason Street and AlA.
q. First Reading of Ordinance No. 77-80 relative to changing the
City's Land Use Plan designation and rezoning of a parcel of
land located north of Bay Street, between Venetian Drive and
AlA.
r. First Reading of Ordinance No. 78-80 relative to changing the
City's Land Use Plan designation and rezoning of a parcel of
land located on the north side of Casuarina Road, between
Gleason Street and AlA.
s. First Reading of Ordinance No. 79-80 relative to changing the
City's Land Use Plan designation and rezoning of a parcel of
land located at the southwest corner of Lake Ida Road and
Barwick Road.
t. First Reading of Ordinance No. 80-80 relative to traffic fines.
AGENDA 11-25-80
Page 2
PRE F ACE
6. b. Change Order No. 1 has been received requesting a 39 day exten-
sion from November 10th to December 8th for completion of the
Island Drive bridge contract. A copy of the Change Order and
correspondence relative to the request are enclosed.
Approval is recommended.
c. As discussed at the workshop meeting on November 18th, Council
is to consider authorizing procurement of exercise equipment
and materials for Police building renovation to accommodate
the proposed physical fitness program at a total estimated
cost of $12,000. It is recommended that money from the sale
of confiscated vessels be used to the maximum extent legally
possible and fund the balance (if any) from proceeds of the
sale of City lands.
d. As discussed informally at the workshop meeting on November
18th, Council is to consider authorizing the closing of the
N. E. 8th Street bridge, except for emergencies, from 7:30
p.m. on December 5th to 6:00 a.m. on December 6th for filming.
e. As discussed informally at the workshop meeting of November
18th, Council is to consider authorizing installation of a
traffic signal on South Federal Highway at Lindell Boulevard
and related improvements as set forth on Exhibit A, with
funding to come from proceeds of the sale of City lands.
f. It is recommended that Council authorize execution of Change
Order No. 1 between the City and Intercounty Construction
Corporation in connection with the Water Treatment Plant and
South Pump Station Expansion. The original contract price
was $4,417,000. Additions, which amount to $10,827.25 are
shown on Exhibit I (copy attached) which increase the contract
price to $4,427,827.25. Funding will come from the 1979 Water
and Sewer Revenue Bond Issue.
g. Bids for construction of wells 5-W, 6-W, 7-W, 8-W and raw water
mains were received on September 5th. The South Florida Water
Management District disapproved construction of the two northern
wells (7-W and 8-W). Negotiation with the low bidder based on
the revised scope was unsuccessful. It is recommended that all
bids be rejected and that Russell & Axon be authorized to proceed
with rebidding for construction of the two southern wells (5-W
and 6-W).
A copy of the letter from South Florida Water Management District
dated September 25th and letter from Russell & Axon dated
November 17th are attached.
7. a. The City is in receipt of an application from Mr. William
Brickman for City water service to serve 3850 West Atlantic
Avenue, which is outside the City at the southeast corner of
Military Trail and Atlantic Avenue. The property is presently
being used as a service station and deli and the proposed use is
for the same.
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.
b. A public hearing has been scheduled for Tuesday night's meeting
to construct pavement and a subsurface drainage system to serve
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.
Resolution No. 99-80 providing for a special assessment for
properties abutting the unpaved portion of the alley was adopted
by Council at the October 28th meeting.
7. c. A communication has been received from Daughter of Zion Seventh
Day Adventist Church requesting permission to solicit funds from
November 29th to December 12th, approval of which is recommended
by the Solicitations Committee.
8. a. The fOllowing bids have been received to construct a fence on
the east side of Miller Park, Phase II:
Bidder
Quotation
Southern Fence Company
Boca Raton
$ 9,498
Boca Raton Fence & Garden Center
Boca Raton
9,629
Pompano Fence Corporation
Pompano Beach
12,300
It is recommended that the contract be awarded to the low bidder,
Southern Fence Company, in the amount of $9,498 by passage of
Resolution No. 111-80 with funding to come from the 1980
General Obligation Bond Issue.
b. Resolution No. 112-80 relative to awarding a contract for the
purchase of materials for a sprinkler system to be installed
at Miller Park, Phase II has been prepared for Council consider-
ation at Tuesday night's meeting. Funds are to come from the
1980 General Obligation Bond Issue.
Approval is recommended.
c. It is recommended that Resolution No. 113-80 be approved which
provides for the installation of a traffic signal on Atlantic
Avenue at N. E./S. E. 7th Avenue.
The recommended action is an outgrowth of circumstances and
actions earlier in the year involving the Bridge Restaurant,
the Patio Delray Restaurant and traffic in that general area
of the City. The requested Department of Transportation ap-
proval was received by letter dated November 10, 1980 (copy
attached, along with copies of other related correspondence).
The estimated project cost is $20,000, which can be financed
with budgeted funds.
d. Resolution No. 114-80 authorizing the purchase of parking meters
has been prepared for Council consideration at the meeting
Tuesday night.
The attached meter schedule was approved at the November 18th
workshop meeting.
It is recommended that Council authorize the purchase of 585
single slot 25Q meters from Duncan Industries in the amount
of $69,436.82.
e. Ordinance No. 31-80 relative to annexing a parcel of land
located on the south side of Atlantic Avenue between Congress
Avenue and the Seaboard Airlines Railroad, subject to MI
(Medium Industrial) has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Tuesday
night. This ordinance was passed on First Reading at the
June 24th 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.
PREFACE 11-25-80
Page 2
8. f. Ordinance No. 65-80 relative to rezoning and placing land
zoned RM-10 (Multiple Family Dwelling) District in SAD
(Special Activities) District, located south of Linton Boule-
vard, between Lindell Boulevard and S. W. 4th Avenue 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 November 10th 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. 66-80 has been prepared for Council consideration
on Second and FINAL Reading at Tuesday night's meeting. This
ordinance, if passed, will amend Chapter 20 "Public Employee
Relations" of the Code of Ordinances pursuant to order issued
by the State PERC. This ordinance was passed on First Read-
ing at the November 10th 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. 68-80, amending Chapter 15 "Licenses" of the Code
of Ordinances relative to occupational licenses 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 10th 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.
i. Ordinance No. 69-80, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to adding rental and sales of modular
buildings as a permitted use in the Light Industrial district
has been prepared for Council consideration on First Reading
at Tuesday night's meeting.
This was discussed at the November 4th workshop meeting.
j. Ordinance No. 70-80, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to boat slips has been prepared for
Council consideration on First Reading at the meeting Tuesday
nigh t.
This was discussed at the workshop meeting on November 4th.
k. Ordinance No. 71-80, amending Chapter 12 "Garbage and Trash"
of the Code of Ordinances relative to increasing the monthly
charges for refuse pickup has been prepared for Council con-
sideration on First Reading at the meeting Tuesday night.
This was discussed at the October 21st workshop meeting.
Approval is recommended.
1. Ordinance No. 72-80 relative to changing the City's Land Use
Plan designation in the Comprehensive Plan from C(Commercial)
to MF-15 Multiple Family (15 units/acre) for a parcel located
within the boundaries of Avenue "A on the north, Avenue "E"
on the south, Florida Boulevard on the east and Frederick
Boulevard on the west has been prepared for Council consider-
ation on First Reading at the meeting Tuesday night.
Public hearing will be held and consideration will be given to
passage on Second and FINAL Reading at the meeting on
January 13, 1981.
This was discussed at the October 14th meeting.
PREFACE 11-25-80
Page 3
8. m. Ordinance No. 73-80 relative to changing the City's Land Use
designation in the Comprehensive Plan from SF (Single Family)
to MF-15 Multiple Family (15 acres/unit) for a parcel located
north of Lawson Boulevard between S. W. 20th Court and the
Delray Beach Country Club has been prepared for Council con-
sideration on First Reading at the meeting Tuesday night.
Public hearing will be held and consideration will be given to
passage on Second and FINAL Reading at the meeting on
January 13, 1981.
This was discussed at the meeting on October 14th.
n. Ordinance No. 74-80 relative to changing the City's Land Use
designation in the Comprehensive Plan for a parcel located
north of Lawson Boulevard between Dover Road and Homewood
Boulevard from MF-6 Multiple Family (6 units/acre) to MF-10
Multiple Family (10 units/acre) and rezoning the property
from PRD-7 (Planned .Residential) District to RM-10 (Multiple
Family Dwelling) District has been prepared for Council con-
sideration on First Reading at Tuesday night's meeting.
Public hearing will be held and consideration will be given to
passage on Second and FINAL Reading at the meeting on
January 13, 1981.
This was discussed at the October 14th meeting.
o. Ordinance No. 75-80 relative to changing the City's Land Use
designation in the Comprehensive Plan for a parcel located
on the north and south sides of Miramar Drive, between Gleason
Street and AlA from MF-15 Multiple Family (15 units/acre) to
SF Single Family and rezoning the property from RM-15 (Multiple
Family Dwelling) District to R-1A (Single Family Dwelling)
District has been prepared for Council consideration on First
Reading at the meeting Tuesday night.
Public hearing will be held and consideration will be given to
passage on Second and FINAL Reading at the January 13, 1981
meeting.
This was discussed at the October 14th meeting.
p. Ordinance No. 76-80 relative to changing the City's Land Use
designation in the Comprehensive Plan for a parcel located
onfue north side of Ingraham Avenue, between Gleason Street
and AlA from MF-15 Multiple Family (15 units/acre) to SF Single
Family and rezoning the property from RM-15 (Multiple Family
Dwelling) District to R-1AA (Single Family Dwelling) District
has been prepared for Council consideration on First Reading
at Tuesday night's meeting.
Public hearing will be held and consideration will be given to
passage on Second and FINAL Reading at the January 13, 1981
meeting.
This was discussed at the October 14th meeting.
q. Ordinance No. 77-80 relative to changing the City's Land Use
designation in the Comprehensive Plan for a parcel located
north of Bay Street, between Venetian Drive and AlA from MF-15
Multiple Family (15 units/acre) to SF Single Family and re-
zoning the property from RM-15 (Multiple Family Dwelling)
District to R-1A (Single Family Dwelling) District has been
prepared for Council consideration on First Reading at the
meeting Tuesday night.
Public hearing will be held and consideration will be given to
passage on Second and FINAL Reading at the January 13, 1981.
meeting.
This was discussed at the October 14th meeting.
PREFACE 11-25-80
Page 4
8. r. Ordinance No. 78-80 relative to changing the City's Land Use
designation in the Comprehensive Plan for a parcel located
on the north side of Casuarina Road, between Gleason Street
and AlA from MF-15 Multiple Family (15 units/acre) to SF
Single Family and rezoning the property from RM-15 (Multiple
Family Dwelling) District to R-1AA (Single Family Dwelling)
District has been prepared for Council consideration on First
Reading at the meeting Tuesday night.
Public hearing will be held and consideration will be given
to passage on Second and FINAL Reading at the meeting on
January 13, 1981.
This was discussed at the October 14th meeting.
s. Ordinance No. 79-80 relative to changing the City's Lane Use
designation in the Comprehensive Plan for a parcel located
at the southwest corner of Lake Ida Road and Barwick Road
from MF-6 Multiple Family (6 units/acre) to SF Single Family
and rezoning the property from RM-6 (Multiple Family Dwelling)
District to R-1A (Single Family Dwelling) District has been
prepared for Council consideration on First Reading at Tuesday
night's meeting.
Public hearing will be held and consideration will be given
to passage on Second and FINAL Reading at the January 13, 1981
meeting.
This was discussed at the October 14th meeting.
t. Ordinance No. 80-80, amending Chapter 26 "Traffic" of the Code
of Ordinances relative to increasing the traffic fines from
$2 to $3 has been prepared for Council consideration on First
Reading at the meeting Tuesday night. An increase was dis-
cussed at budget workshop.
PREFACE 11-25-80
Page 5