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12-16-80 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING December 16, 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 meetings of November 25, 1980 and December 2, 1980. 4. Presentation of items by Council Members. 5. Recognition of public requests from the floor. 6. a. Items not on the agenda submitted through the City Manager. b. CONSENT AGENDA (1) Consider authorizing execution of Change Order No. 1 to provide for full engineering inspection on the Island Drive Bridge. (2) Consider authorizing execution of quit claim deed -- Tahiti Cove. (3) Consider appointment to the civil Service Board. (4) Consider request for water and sewer service outside the City limits -- Gulfstream Lodge, Inc. (5) Consider adoption of Resolution No. 102-80 relative to a traffic controller preemptor at N. E. 8th Street and the Florida East Coast Railroad. (6) Consider adoption of Resolution No. 116-80 requesting per- mission from the Palm Beach County Board of Commissioners to rezone land -- Southwest corner of Barwick Road and Palm Ridge Boulevard (Merlin A. and Lora H. Wuebbenhorst, applicants) . (7) Consider adoption of Resolution No. 117-80 relative to repairing the roof of the Gleason Bath House. REGULAR AGENDA c. Consider request for final plat approval -- Linton Woods. d. Consider request for conditional use, site and development plan approval extension -- Old Harbor Plaza. e. Public hearing relative to nuisance violation -- Barwick Road and Lake Ida Road. 7. petitions and Communications a. Acknowledge minutes of the Beautification Committee meeting of November 5, 1980. 8. Resolutions and Ordinances a. Consider adoption of Resolution No. 100-80 for the purchase of a 1250 G.P.M. pumper. 8. b. Second and FINAL Reading of Ordinance No. 64-80 relative to annexation -- West side of the E-4 Canal, between Germantown Road and the L-37 Canal (Erminio P. and Catherine E. Giuliano). c. Second and FINAL Reading of Ordinance No. 69-80 relative to modular buildings. d. Second and FINAL Reading of Ordinance No. 70-80 relative to boat slips. e. Second and FINAL Reading of Ordinance No. 71-80 relative to garbage and trash collection charges. f. Second and FINAL Reading of Ordinance No. 80-80 relative to traffic fines. g. Second and FINAL Reading of Ordinance No. 81-80 relative to noise. h. First Reading of Ordinance No. 60-80 relative to fire wall re- quirements for screened enclosures. i. First Reading of Ordinance No. 82-80 relative to annexation Northwest corner of S. W. 4th Avenue and Southridge Road (Robert and Eileen McTeague, applicants). j. First Reading of Ordinance No. 83-80 relative to screened en- closures (Planned Residential Districts) . k. First Reading of Ordinance No. 84-80 relative to access limi- tations in commercial zoning districts. 1. First Reading of Ordinance No. 85-80 relative to monthly sewer rate charges. m. First Reading of Ordinance No. 86-80 repealing Palm Beach County's no smoking ordinance. 9. Reports a. Report from the Planning & Zoning Board relative to conditional use approval -- Gary Berman Quik Servo b. Report from the Planning & Zoning Board relative to final plat approval -- Abbey Delray South. AGENDA 12-16-80 Page 2 PRE F ACE CONSENT AGENDA 6 b. (1) As discussed at the workshop meeting on December 9th, Council is to consider authorizing execution of Change Order No. 1 between the City and Arthur V. Strock & Associates, Inc. to provide full engineering inspection services for the construction of the Island Drive Bridge. Originally it was planned to have the Engineering Depart- ment perform this work, however, due to a reduction in staff and an increase in workload, execution of this change order is made advisable. The engineering inspection will be paid for on an hourly basis and the amount will not exceed $3,920, with funds to come from the General Fund Contingency Account. (2) As discussed at the December 9th workshop meeting, Council is to consider authorizing execution of a quit claim deed from the City to Bredin Realty Company of a 10-foot strip of land at Tahiti Cove, west of Venetian Drive on the eastern edge of the Intracoastal Waterway. (3) As discussed at the workshop meeting on December 9th, Council is to consider at the meeting Tuesday night the appointment of Virginia Cady as an alternate member of the Civil Service Board to the unexpired term of Joel Smith ending July 1, 1983. Mr. Smith was previously elevated to regular member status. (4) The City is in receipt of an application from Gulfstream Lodge, Inc. for City water service to serve 2713 North Federal Highway, two blocks south of Gulfstream Boulevard, which is outside the City. The property is presently being used as a restaurant, gasoline filling station and motel 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. (5) Resolution No. 102-80 to ratify and confirm prior contract negotiations and to award a contract to Palm Beach County in the amount of $4,762.35 for the purchase of a traffic controller preemptor providing a red signal for N. E. 8th Street traffic upon the approach of a train has been pre- pared for Council consideration at the meeting Tuesday night. Florida East Coast Railroad advised that there was no pre- emption for trains going through the N. E. 8th Street crossing and the City could be held at fault in the event of an accident. The equipment will be installed by the Department of Transportation when the Federal Highway signals are upgraded. In the interim, it was felt that a temporary preemptor should be placed to warn motorists. It does not meet the traffic manual standards but on an interim basis it will provide the service we need. This was referred to workshop from the regular meeting on October 28th and discussed at workshop meetings on November 4th, November 18th and December 9th. (6) Resolution No. 116-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from AG (Agricultural) (County) to R-lAA (Single Family Dwelling) District (City), located at the southwest 6. b. (6) corner of Barwick Road and Palm Ridge Boulevard, has been prepared for Council consideration at the meeting Tuesday night. Council directed the City Attorney to prepare the reso- lution at the December 2nd workshop meeting. (7) The following bids have been received to repair the roof of the Gleason Bath House: Bidder Quotation Mar Chemical Corporation $3,613.00 General Caulking & Coatings Co., Inc. 4,200.00 Western Waterproofing Co., Inc. 5,370.00 It is recommended that the contract be awarded to the low bidder, Mar Chemical Corporation, in the amount of $3,613 by passage of Resolution No. 117-80 with funding to come from budgeted funds. This was discussed at the workshop meeting on December 9th. REGULAR AGENDA c. A request has been received for final plat approval for Linton Woods, which consists of 25 units on 1.69 acres. This property is located on the east side of Federal Highway between Linton Boulevard and S. E. 10th Street and is zoned RM-15 (Multiple Family Dwelling) District. This item is scheduled for consideration at the Planning & Zoning Board meeting to be held on December 15th. Recommendations from the Planning & Zoning Board will be report- ed at the meeting on Tuesday night. d. A request has been received that the conditional use and site and development plan approval for Old Harbor Plaza, which expires on March 26, 1981 be extended for six months until September 26, 1981. This property is located at the northeast corner of U. S. No.1 and Linton Boulevard and is zoned SAD (Special Activities) District. This item is scheduled for consideration at the Planning & Zoning Board meeting to be held on December 15th. Recommendations from the Planning & zoning Board will be report- ed at the meeting on Tuesday night. e. A hearing has been scheduled at Tuesday night's meeting, pursuant to Section 13-18 of the Code of Ordinances for con- sidering Attorney William F. Maher's request to the City to contest finding of a violation of Section 13-15 of the Code of Ordinances on the property of the Estate of Thomas F. Fleming, Jr. and George Coury Trust at Barwick Road and Lake Ida Road. A copy of a letter from the Building Department dated September 11th is enclosed. Council may uphold the administration's finding that a vio- lation exists, modify the finding or overturn the finding. 7. a. The Mayor should acknowledge minutes of the Beautification Committee of November 5, 1980. PREFACE 12-16-80 Page 2 8. a. 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 & Rescue Apparatus (Bid A) Quality Manufacturing, Inc. Coral Springs, FL 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 amo~n~ of, $92,341, the only bid which meets all C1ty ~pec~f1cat1ons, with financing to come from the General Ob11gat1on Bonds, Series,1980, by adoption of Resolution No. 100-80. This was discussed at the regular Council meeting on October 28th and at the November 4th, December 9th and December 11th workshop meetings. b. Ordinance No. 64-80 relative to annexing an 18-acre parcel of land located in Section 25-46-42 on the west side of the E-4 Canal, between Germantown Road and the L-37 Canal 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 lOth 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. c. Ordinance No. 69-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to adding rental and sales of modular buildings as a permitted use in the Light Industrial Oistrict. This ordinance was passed on First Reading at the November 25th 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. d. Ordinance No. 70-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to boat slips has been prepared for Council consideration on Second and FINAL Reading at tne meet- ing Tuesday night. This ordinance was passed on First Reading at the November 25th 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. e. Ordinance No. 71-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 12 "Garbage and Trash" of the Code of Ordinances relative to increasing the monthly charges for refuse pickup. This ordi- nance was passed on First Reading at the November 25th meeting. PREFACE 12-16-80 Page 3 8. e. 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. f. 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 Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the November 25th 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. 81-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 16 "Offenses- Miscellaneous" of the Code of Ordinances relative to noise. This ordinance was passed on First Reading at the December 2nd 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. 60-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to amending the RM (Multiple Family Dwelling) Districts with respect to fire wall construction requirements for screened enclosures has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the workshop meeting on December 2nd, directed the City Attorney to prepare the ordinance. i. Ordinance No. 82-80 relative to annexing a 19,250 square foot parcel of land located at the northwest corner of S. W. 4th Avenue and Southridge Road has been prepared for Council con- sideration on First Reading at the meeting Tuesday night. The Planning & Zoning Board at a meeting held on November 25th, recommended by unanimous vote that the subject property be annexed as R-IA (Single Family Dwelling) District since this request is in conformance with the City's Land Use Plan. Second and FINAL Reading and public hearing will be held at the meeting on January 13, 1981. j. Ordinance No. 83-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to allowing screened enclosures in setback areas in the PRD Districts has been prepared for Council consideration on First Reading at Tuesday night's meeting. Council, at the December 2nd workshop meeting, directed the City Attorney to prepare the ordinance. k. Ordinance No. 84-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to prohibiting access to streets and alleys for commercial property which abuts residentially zones property has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the December 2nd workshop meeting, directed the City Attorney to prepare the ordinance. PREFACE 12-16-80 Page 4 8. 1. Ordinance No. 85-80, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to monthly sewer rate charges has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the October 21st workshop meeting. m. Ordinance No. 86-80 repealing Palm Beach County's no smoking ordinance in order to exempt the municipal boundaries of the City from its provisions has been prepared for Council con- sideration on First Reading at the meeting Tuesday night. Council, at the November 4th workshop meeting, instructed the City Attorney to prepare the ordinance. 9. a. The Planning & Zoning Board at a meeting held on November 17th, recommended by unanimous vote that the conditional use in the GC (General Commercial) District to allow a convenience food store at an existing gasoline station and automobile rental facility at the northeast corner of S. E. 10th Street and S. E. 6th Avenue be denied for the following reasons: (1) Sale of beer, liquor and wine is not compatible with the residential area located immediately east, as well as the activities taking place in Knowles Park located south of the subject property. (2) Sale of beer, liquor and wine will have detrimental and negative economic effects on adjacent and nearby resi- dential properties. This was discussed at the December 9th workshop meeting. b. The Planning & Zoning Board at a meeting held on November 17th, recommended by a vote of 6 to 0 (Carey abstaining) that the final plat for Abbey Delray South, located on the west side of the E-4 Canal, between Linton Boulevard and Germantown Road, be approved, subject to: (1) City Engineer's memorandum of November 14th. (2) Director of Public Utilities' November 14th memorandum. This was discussed at the workshop meeting on December 9th. PREFACE 12-16-80 Page 5