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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