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08-13-85 Regular THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL August 13, 1985 7:00 p.m. AGENDA Council Chambers Please be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting or hearing, such persons will need a record of these pro- ceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Approval of minutes of Regular Meeting of July 23, 1985 and Special Meetings of July 16, 1985, July 17, 1985 and August 6, 1985. 5. Comments and Inquiries on Non-Agenda Items: a. Ci tizens b. Council c. City Attorney d. City Manager 6. Agenda approval. Action: Motion to approve. PUBLIC HEARING 7. Ordinance No. 70-85 Hill Annexation. Second Reading and PUBLIC HEARING relative to annexing a 0.33-acre parcel, subject to R-lAA (Single Family Dwelling) District, located on the east side of N. W. 6th Avenue, between N. W. 11th Street and N. W. 12th Street. Recommendation: Planning Director recommends approval since the request is consistent with the City's Land Use Plan. Action: To adopt the Ordinance on Second Reading. 8. Ordinance No. 71-85 Amendina Code Alcoholic Beverages. Second Reading and PUBLIC HEARING amending Chapter 3, "Alcoholic Beverages" of the Code of Ordinances relative to the areas and locations of restaurants where sales of alcoholic beverages are permitted. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 9. Ordinance No. 74-85 - Zonina Ordinance Amendment - Off-Street Parkina. Second Reading and PUBLIC HEARING amending Chapter 30 "Zoning" of the Code of Ordinances to provide that conditional use approval shall not be required where parking is proposed to be located off-site in a RM-lO, RH or RM-15 zoning district on a non-residential, currently existing, conditionally approved or permitted parking area. Recommendation: Council action. Action: To adopt the Ordinance on Second Reading. 10. Ordinance No. 75-85 - Modifyina SAD Ordinance lDelrav Shores Professional Plaza). Second Reading and PUBLIC HEARING amending Ordinance No. 62-83 to add medical laboratories and dental laboratories/studios as an added conditional use. Recommendation: Planning Director recommends approval. Action: To adopt the Ordinance on Second Reading. CONSENT AGENDA 11. parkin9 Areas in Right-of-Way - Delray Summit Condominiums. Con- sider request for waiver to pave parking areas in the right-of- way at Delray Summit Condominiums, located on the north side of Lowry Street between Basin Drive and the Intracoastal. Recommendation: Council action. Action: Motion to approve. 12. Waiver of Bond Reauirement - Harbour's Edge Life Care Facilitv. Consider waiver of bond requirement for Harbour's Edge Life Care Facility. Recommendation: Council action. Action: Motion to waive bond requirement. 13. Community Service Proaram. Consider approval for City Manager to participate in the Community Service Program sponsored by the County Court Community Task Force. Recommendation: Council action. Action: Motion to approve. * 14. Odor Control Facilities for Lift Stations 1. 50 and 80. Con- sider award of a contract to the low bidder, R.C.I. Services in the amount of $167,110 for three air scrubber devices, with funds to come from the Public Utilities 1984-85 budget. Recommendation: Director of Public Utilities recommends approval. Action: Motion to award contract. * 15. Portable Enaine Generator Sets. Consider award of a contract to the low bidder, General Trading, Inc. in the amount of $98,900 for four Onan generators to protect the wells and pump stations, with funds to come from the Public Utilities 1984-85 budget. Recommendation: Director of Public Utilities recommends ap- proval with the condition that complete shop drawings and operations manuals be submitted for each generator for review and approval prior to shipment and subject to the City Attorney's recommendation that bid and performance bonds be waived. Action: Motion to award contract. * 16. Proposed Traff ic Control Aareement. Consider author izing execution of Traffic Control Agreement between the City and Palm Beach County for a period of ten years at the intersections listed below. The County will assume all installation, oper- ational and maintenance responsibilities. N. E. 1st Street and N. E. 5th Avenue S. E. 1st Street and S. E. 5th Avenue S. E. 1st Street and S. E. 6th Avenue N. E. 1st Street and N. Swinton Avenue S. E. 1st Street and S. Swinton Avenue West Atlantic Avenue and 12th Avenue Recommendation: Director of Public Works/City Engineer recom- mends approval. Action: Motion to approve. AGENDA 8-13-85 Page 2 17. AcceDtance of Easement Deed - Atlantic Plaza. Ltd. Consider acceptance of a 10 foot utility easement deed, dated July 19, 1985 for utilities for Atlantic Plaza, Ltd. Recommendation: Director of Public Works/City Engineer recom- mends approval. Action: Motion to accept easement deed. *18. Nuisance Abatement. Resolution No. 67-85 assesses costs of abat- ing nuisances in accordance with Section 13-13 on two parcels. Recommendation: City Clerk recommends approval. Action: To adopt the Resolution. *19. Abandonment of a Portion of Rhodes Villa Avenue. Resolution No. 68-85 vacates and abandons a portion of Rhodes Villa Avenue, located at the northwestern end of Rhodes Villa Avenue, east of the Intracoastal Waterway, within the Delray Beach Shores Sub- division. Recommendation: Planning & Zoning Board approved 5-0. Action: To adopt the Resolution. REGULAR AGENDA 20. Establishment of Youth Council in Delrav Beach. ment - Vice Mayor Horenburger. * 21. Housina Assistance Plan. Consider approval of Housing Assist- ance Plan for the Community Development Program. Policy State- Recommendation: Council action. Action: Motion to approve. * 22. Administrative Relief to Allow Off-Site Parkin9 - Leo Blair. Consider request for Administrative Relief to allow off-site parking within 300 feet of the lot or parcel on which the principal use or building is located. The subject property is located south of S. E. 1st Street, between S. E. 3rd Avenue and S. E. 4th Avenue. Recommendation: Technical Advisory Committee approved 4-0, subject to the conditions stated in the at- tached memorandum. Action: Motion to approve. * 23. Conditional Use ADproval - The Sunshine Place II. Consider re- quest for conditional use approval for The Sunshine Place II, a proposed day care center, located at the northeast corner of S. W. 3rd Street and S. W. 2nd Avenue. Recommendation: Planning & Zoning Board approved 5-0, sub- ject to the conditions stated in the attached memorandum. Action: Motion to approve. * 24. ADpeal to Decision of Community l\ppearance Board - One Linton Center. Consider appeal of the CAB decision regarding height and location of pole sign. Recommendation: Council action. * 25. Final Plat ApDroval - Park Ten Third Addition. Consider request for final plat approval for Park Ten Third Addition, a proposed light industrial subdivision, located south of s. W. lOth .Street, between Germantown Road and 1-95. Recommendation: Planning & Zoning Board approved final plat and request for a waiver of the cul-de-sac 7-0. Action: Motion to approve final plat. AGENDA 8-13-85 Page 3 * 26. Proposed Water Main Easement and Aareement - Messrs. Vernon. Leon. Evans. Evans. Ricci and Singer. as Tenants-in-Common. Consider authorizing execution of easement deeds for a temporary 25-foot and permanent l5-foot easement for water transmission line purposes to be installed underground on the north side of 151 N. W. 18th Avenue. If Council agrees to the payment of $9,250 for the easement, funds may come from the 1983/84 Water and Sewer Revenue Bond Reserve. Recommendation: City Attorney recommends approval. Action: Motion to approve. * 27. Ordinance No. 77-85 - Amendin9 Code - Forfeiture of Office. First Reading amending Chapter 2 "Administration" of the Code of Ordinances to provide that any member of any City board or com- mission appointed by City Council shall forfeit his/her appoint- ment automatically without further action of the City Council if said member fails to attend three consecutive regular meetings of their board or commission. Recommendation: Council action. Action: To pass the Ordinance on First Reading. Note: If passed, Public Hearing August 27th. AGENDA 8-13-85 Page 4 THE CITY OF DELRAY BEACH REGULAR MEETING - CITY COUNCIL August 13, 1985 7:00 1;>.m. ADDENDUM Council Chambers Please br advised that if a person decides to appeal any decision made by the City Council with respect to any matter con- sidered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. * AI. Mass Shelters. Consider author izing execution of agree- ment between the City and the American Red Cross for use of the Delray Beach Civic Center and Pompey Park as Mass Shelters in case of emergencies. Recommendation: Council action. Action: Motion to authorize execution of agreement.