05-12-81 Regular
.-..
CITY OF DELRAY BEACH
Delray Beach, Florida
REGULAR COUNCIL MEETING
May 12, 1981
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 April 28, 1981 and special
meeting of April 21, 1981.
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 approving agreement between City and Palm Beach
County re: Community Development.
(2) Consider authorizing the securing of bids or negotiation
for the purchase of an aerator and related equipment for
the Delray Beach Country Club.
(3 )
Consider authorizing
construction of two
Country Club.
securing bids or negotiation for the
rain shelters for the Delray Beach
(4) Consider authorizing retaining a traffic engineering con-
sultant re: median opening - South Federal Highway.
(5) Consider authorizing purchase of Lot 4, Golfview Estates.
(6 )
Report from the Planning
di tional use approval
Nayer.
& Zoning Board relative to con-
Medical Offices for Dr. Sudhir
(7) Report from the Planning & Zoning Board relative to final
plat approval -- Southeast Investments Plat No. One.
(8) Report from the Planning & Zoning Board relative to con-
ditional use approval -- Imperial Oil Co.
(9) Report from the Planning & Zoning Board relative to final
plat approval -- Laver's North.
(10) Report from the Planning & Zoning Board relative to final
plat approval -- Precision Electronics Bldg.
(11) Report from the Planning & Zoning Board relative to replat
-- Portions of Abbey Delray South.
(12) Report from the Planning & Zoning Board relative to rezon-
ing, conditional use, site and development plan approval
The Gardens at Centre Delray.
(13) Report from the Planning & Zoning Board relative to replat
-- Laver's Delray Racquet Club Addition.
(14) Report from the Planning & Zoning Board relative to final
plat approval -- Linton Lake.
(15) Report from the Planning & Zoning Board relative to ease-
ment abandonment -- Harbourside.
(16) Report from the Planning & Zoning Board relative to final
plat approval -- The Atrium at Centre Delray.
(17) Consider adoption of Resolution No. 27-81 requesting that
Palm Beach County enter into an agreement with the City for
providing beach erosion control project funds.
(18) Consider reply to the Area Planning Board relative to FDOT
for Habilitation Center for the Handicapped.
(19) Consider request for water and sewer service outside the
City Southwest corner of Federal Highway and LaMat
Avenue (Vince Restaurant & Lounge Mario Esposito &
Vincent Nibali, applicants).
(20) Consider request for water and sewer service outside the
City -- 915 Palm Trail (A. Clyde & Margaret J. Worrell,
applicants) .
(21) Consider execution of Developers Utility Service agreement
-- RSM Developers, Inc.
(22) Consider planting sea oats along the dunes of the beach.
(23) Consider authorizing application to the Florida Department
of Transportation re: sidewalk and bicycle ramp construc-
tion.
(24) Consider reply to the Area Planning Board relative to the
Department of Housing & Community Development Seventh Year
Application - FY 1981-82.
(25) Consider City participation - alley improvement (Spence).
REGULAR AGENDA
6.
c.
Presentation re Wastewater Treatment Facility (Mrs. Hattie
Saloway) .
d. Consider request for water and sewer service outside the City
--4697 West Atlantic Avenue - West Pointe Development, Inc.,
(Elwin G. Moody, Trustee, and Rathel Moody, Applicants).
e. Consider request for funds - South County Drug Abuse Foundation,
Incorporated.
7. petitions and Communications
None.
8. Resolutions and Ordinances
a. Second and FINAL Reading of Ordinance No. 22-81 relative to
annexation -- South of Linton Boulevard if extended east, be-
tween AlA and the ocean (Clare W. Miller, applicant).
b. Second and FINAL Reading of Ordinance No. 25-81 relative to
noise control.
c. First Reading of Ordinance No. 17-81 relative to sewerage charge
for a commercial or non-residential unit.
d. First Reading of Ordinance No. 26-81, repealing Article II
"Bingo and Similar Games" of Chapter 4 "Amusements".
e. First Reading of Ordinance No. 27-81 relative to including
church child care facilities as a conditional use.
f. First Reading of Ordinance No. 28-81, repealing Ordinance No.
2-81 and enacting this ordinance relative to annexation -- South
of Germantown Road, between Congress Avenue and the SAL Railroad
(Leo A. and Joan M. Blair, applicants).
AGENDA 05-12-81
Page 2
8.
g.
First Reading of Ordinance No. 29-81 relative to
northwest corner of Barwick Road and the L-32
Baptist Church, applicant).
annexation --
Canal (First
h. First Reading of Ordinance No. 30-81 relative to annexation __
East side of N.W. 5th Avenue, between N.W. 9th Street and N.W.
11th Street (Gary Jenkins, applicant).
i. First Reading of Ordinance No. 32-81 relative to annexation __
East side of N.W 5th Avenue, between N.W. 7th Street and N.W.
9th Street (Eric and Phyllis Meyer, applicants).
9. Reports
None.
AGENDA 05-12-81
Page 3
PRE F ACE
CONSENT AGENDA
6.
b.
(1) Council informally agreed at a recent workshop meeting to
approve an Agreement with the County that will authorize
retaining of a consultant for the City's Community Develop-
ment Program, as requested by the County Community Develop-
ment Office.
The Agreement is thick and Council member Durante said she
didn't want to see it anymore. Therefore, it is not
enclosed, as copies were sent to Council and the City
Attorney for the workshop meeting. It is in my office if
anyone wants to see it again.
(2) It is recommended that Council authorize the securing of
bids or negotiation for the puchase of an aerator and
related equipment for use at the Delray Beach Country Club.
(3) It is recommended that Council authorize the securing of
bids or negotiation for the construction of two rain shel-
ters for the Delray Beach Country Club.
(4) As discussed at the May 5, 1981 workshop meeting, it is
recommended that Council authorize the retaining of a con-
sulting traffic engineer to give an opinion relative to the
proposed median opening on South Federal Highway because of
comments made by Council Member Malcolm Bird at the April
21, 1981 workshop meeting. (Memorandum from City Engineer
dated April 22, 1981 attached).
(5) As discussed at workshop on May 5, 1981, it is recommended
that Council authorize the purchase of Lot 4, Golfview
Estates, for the sum of $35,000, with financing to come
from Florida Power and Light franchise fees. This property
is needed for the realignment of Homewood Boulevard. (A
drawing showing the lot in question is attached).
(6) The Planning & Zoning Board at a meeting held on April
27th, recommended by unanimous vote that the conditional
use to allow a Medical Office Building for Dr. Sudhir
Nayer, located on the north side of N.E. 8th Street, be-
tween N. E . 2nd Avenue and N. E . 3rd Avenue be approved,
subject to:
(1) City Engineer's memorandum of March 11, 1981 (copy
attached),
(2) Director of Public Utilities memorandum of March
11, 1981 (copy attached),
(3) A time limitation of 12 months be set for develop-
ment of the project.
Approval is recommended.
(7) The Planning & Zoning Board at a meeting held on April
27th, recommended by unanimous vote that the final plat
approval for Southeast Investments Plat No. One, located
south of Lake Ida Road, between Depot Avenue and the SAL
Railroad be approved, subject to the Director of Public
Utilities' memo of March 19th (copy attached).
Approval is recommended.
(8) The Planning & Zoning Board at a meeting held on April
27th, recommended by unanimous vote that the conditional
use for Imperial Oil Co. in the SC (Specialized Commercial)
District to allow a gasoline station, located at the south-
west corner of S.E. 6th Avenue (U.S. No.1) and S.W. 2nd
Street be approved, subject to:
(1) City Engineer's memorandum of April 27, 1981 (copy)
attached),
(2) Director of Public Utilities' memorandum of March 19,
1981 (copy attached),
PREFACE 05-12-81
Page 1
6.
(3) A time limitation of 12 months be set for development
of the project,
(4) That the curb cut on S.E. 6th Avenue (U.S.#1) be 40
feet wide.
Approval is recommended.
b.
(9) The Planning & Zoning Board, at a meeting held on April
27th, recommended by unanimous vote that the final plat for
Laver's North, located south of Linton Boulevard between
Lindell Boulevard and S.W. 4th Avenue, be approved, subject
to:
(1) City Engineer's memorandum of April 27, 1981 (copy
attached) ,
(2) Director of Public Utilities memorandum of April 13,
1981 (copy attached),
(3) That the developer pay to the City, a sum of money
equal to the average appraised value per acre, as
determined by Arthur Sprott, for 7.046 acres of park
and recreation land.
Approval is recommended.
(10) The Planning & Zoning Board, at a meeting held on April
28th, reommended by unanimous vote that the final plat for
Precision Electronics Building, located on the south side
of the L-32 Canal, between the E-4 Canal and Congress
Avenue, be approved, subject to:
(1) City Engineer's memorandum of April 23, 1981 (copy
attached) ,
(2) Director of Public Utilities memorandum of April 3,
1981 (copy attached).
Approval is recommended.
(11) The Planning & Zoning Board, at a meeting held on April
27th, recommended by a vote of 5 to 0 (Carey abstaining)
that a replat of parcels "W", "X" and portions of "V" of
the Abbey Delray South Development, located on the west
side of the E-4 Canal, between Linton Boulevard and German-
town Road be approved, subject to:
(1) City Engineer's memorandum of April 27, 1981 (copy
attached) ,
(2) Director of Public Utilities' memorandum of March 12,
1981 (copy attached).
Approval of the replat is recommended.
(12) The Planning & Zoning Board, at a meeting held on April
27th, recommended by a vote of 5 to 0 (Campbell abstaining)
that the Gardens at Centre Delray, located south of Linton
Boulevard, between Congress Avenue and the SAL Railroad be
rezoned to SAD (Special Activities) District and that the
conditional use and site and development plan to allow an
office development in one 4 story building be approved,
subject to:
(1) City Engineer's memorandum of March 9, 1981 (copy
attached) ,
(2) Director of Public Utili ties' memorandum of March 2,
1981 (copy attached),
(3) Chief Building Official's memorandum of March 13, 1981
(copy attached),
(4) A time limitation of 18 months be set for development
of the project.
It is recommended that the City Attorney be instructed to
prepare the ordinance effecting the rezoning.
PREFACE 05-12-81
Page 2
6. b. (13) The Planning & Zoning Board, at a meeting held on April
28th, recommended by unanimous vote that the replat of
Laver's Delray Racquet Club Addition, which consists of the
dedication of certain rights-of-way to the City and estab-
lishing utility easements, located on the south side of
Quail Road, between Lindell Boulevard and S.W. 4th Avenue
if extended south be approved, subject to the Direcotr of
Public Utilities' memorandum of April 22nd.
Approval is recommended.
(14) The Planning & Zoning Board, at a meeting held on April
28th, recommended by unanimous vote that the final plat for
Linton Lake, located at the S.W. corner of Congress Avenue
and Linton Boulevard be approved, subject to:
(1) City Engineer's memorandum of April 27, 1981 (copy
attached) ,
(2) Director of Public Utilities' memorandum of April 15,
1981 (copy attached),
(3) That the developer pay to the City, a sum of money
equal to the average appraised value per acre, as
determined by Arthur Sprott, for 2.15 acres of park
and recreation land.
Approval is recommended.
(15) The Planning & Zoning Board, at a meeting held on April
27th, recommended by a vote of 5 to 0 (Campbell abstaining)
that a 50 foot long by two foot wide section of an existing
20 foot wide sewer and water easement be abandoned so that
buildings three and four of Harbourside, located on the
east side of u.s. No. 1 between Linton Boulevard and S.E.
10th Street, will meet required setback requirements.
It is recommended that the easement be abandoned.
(16) The Planning & Zoning Board, at a meeting held on April
27th, recommended by a vote of 5 to 0 (Campbell abstaining)
that the final plat approval for The Atrium at Centre
Delray, located on the south side of Linton Boulevard
between Congress Avenue and the SAL Railroad be approved,
subject to the Director of Public Utilities' memorandum of
April 24th (copy attached).
Approval is recommended.
(17) Resolution No. 27-81 requesting that Palm Beach County
enter into another agreement with the City for providing
beach erosion control project funds to the City for an
additional 10 years in the amount of $200,000 per year has
been prepared for Council consideration at the meeting
Tuesday night.
This has been discussed by Council at workshop.
Approval is recommended.
(18) A communication has been received from the Area Planning
Board regarding transportation assistance, FDOT for Habili-
tation Center for the Handicapped, located at 2660 N.W. 1st
Avenue, Boca Raton.
This project will not result in any adverse effects to the
local natural, social or economic environment and there is
no duplication of ongoing projects or programs.
Copies of all material relative to the application are
enclosed.
Approval is recommended.
PREFACE 05-12-81
Page 3
6.
b.
(19) The City is in receipt of an application from Mario
Esposito & Vincent Nibali, applicants for City water and
sewer service to serve Vince Restaurant & Lounge, 2808 S.
Federal Highway, which is outside the City.
It is recommended that Council approve execution of the
Ci ty' s standard water service/annexation agreement, which
will permit the City to provide the requested water service
to the applicants.
(20) The City is in receipt of an application from A. Clyde and
Margaret J. Worrell for City water and sewer service to
serve Lot 3, First Addition to Kenmont -- 915 Palm Trail,
which is outside the City. This is a single family resi-
dence.
It is recommended that Council approve execution of the
Ci ty' s standard water service/annexation agreement, which
will permit the City to provide the requested water service
to the applicants.
(21) The standard Developers Utility Service Agreement has been
received from RSM Developers, Inc., for water and sewer
service for Rainberry Lake IIIB.
A check in the amount of $6,400 has been deposited in the
Developers' Fund to cover 64 units at $100 per unit ($62.50
for sewer and $37.50 for water).
Council
service
Council
previously approved providing water and
to this development. It is recommended
approve execution of the agreement.
sewer
that
(22) The revegetation plan provides for planting sea oats on the
dunes between the sand fences and in some cases up to the
existing scaevola hedge. This vegetation is considered
beneficial in providing a means of holding the blowing
sand.
The estimated cost for planting the
$15,000. This project would be submitted
as part of the funding as provided by
Natural Resources, whose share is 75%.
entire beach is
for consideration
the Department of
Approval is recommended.
(23) As discussed at workshop on May 5, 1981, it is recommended
that Council authorize the administration to make appli-
cation to the Department of Transportation for 70%
financing for the construction of a bicycle path on West
Atlantic Avenue between Congress Avenue and Military Trail
and for construction of bicycle sidewalk ramps and place-
ment of signage on E. 6th Avenue (Federal Highway) between
N.E. 8th Street and S.E. 10th Street, a distance of approx-
imately 10,000 feet.
The total estimated project cost is $60,000 with an esti-
mated $18,000 being the City's share. Construction, if
approved by DOT, is expected to be one to two years away.
(24) A communication has been received from the Area Planning
Board dated May 5, 1981, requesting A-95 Clearinghouse
review and comment relative to the Department of Housing
and Community Development Seventh Year Application, funding
for FY 1981-82.
This project will not result in any adverse effects to the
local natural, social or economic environment and there is
no duplication of ongoing projects or programs.
Copies of all material relative to the application are
enclosed.
Approval is recommended.
PREFACE 05-12-81
Page 4
6. b. (25) It is recommended that Council approve City participation
in the amount of $2,954 (20% of $14,774 project cost) for
improvement of the north-south alley between N.E. 3rd
Street and N. E. 4th Street, lying between N. E. 3rd Avenue
and the FEC Railroad provided that the project is com-
pleted, to City specifications, not later than August 12,
1981. Payment in the amount of $2,954 is to be made by the
City to Robert Spence after completion of the project, but
only if completed by August 12, 1981.
It is understood that Mr.
whatever other voluntary
provement that he is able
Spence is at liberty to secure
cost participation for the im-
to get from benefitted parties.
REGULAR AGENDA
6.
c.
Mrs. Hattie Saloway, Pines of Delray North, is scheduled to make
a presentation relative to the regional wastewater treatment
facility.
d. The City is in receipt of an application from Elwin G. Moody,
Trustee, and Rathel Moody, applicants for West Pointe Develop-
ment, Inc., for City water and sewer service to serve Garden
Apartments - 4697 West Atlantic Avenue - located 600 feet west
of Barwick Road and North of West Atlantic Avenue, which is
outside the City.
The request is that the City's approval
service be increased from 86 units to 104
is located east of Military Trail.
for water and sewer
units. The property
e. Mr. Richard Siemens, President, South County Drug Abuse Founda-
tion, Incorporated, requested Council, at its May 5, 1981 work-
shop, to grant the Drug Abuse Foundation $4,000 now (this fiscal
year) and to appropriate $4,000 for this purpose in the next
budget.
8.
a.
Ordinance No. 22-81 relative to annexing a 1.7-acre parcel of
land, located south of Linton Boulevard if extended east, be-
tween AlA and the ocean, has been prepared for Council con-
sideration on Second and FINAL Reading at the meeting Tuesday
night. This Ordinance was passed on First Reading at the April
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.
b. Ordinance No. 25-81, amending Chapter 16, Article II of the Code
of Ordinances relative to noise control 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 April 28th 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. 17-81, amending Chapter 29 "Water and Sewers" of
the Code of Ordinances to provide that the sewerage service
charge for a commercial or non-residential unit shall be based
upon 90% of the recorded flow has been prepared for Council
consideration on First Reading at Tuesday night's meeting.
The amendment is needed to bring the ordinance into conformance
with EPA approved guidelines. The 10% reduction (to 90%) is the
estimated differential for irrigation purposes of nonresidential
properties under residential properties.
d. Ordinance No. 26-81, repealing Article II "Bingo and Similar
Games" of Chapter 4 "Amusements" of the Code of Ordinances has
been prepared for Council consideration on First Reading at the
meeting Tuesday night.
PREFACE 05-12-81
Page 5
8.
e.
Ordinance No. 27-81, amending Chapter 30 "Zoning" of the Code of
Ordinances relative to including church child care facilities as
a conditional use has been prepared for Council consideration on
First Reading at the meeting Tuesday night.
This was discussed at the April 21st workshop meeting.
f. Ordinance No. 28-81, repealing Ordinance No. 2-81 and enacting
this ordinance relative to annexing a parcel of land located
south of Germantown Road, between Congress Avenue and the SAL
Railroad, subject to LI (Light Industrial) District has been
prepared for Council consideration on First Reading at the
meeting Tuesday night.
This ordinance is being adopted to correct the legal description
in Ordinance No. 2-81, which did not include all of the property
that was intended to be annexed.
This property is presently zoned in the County as CG (General
Commercial).
Second and Final Reading and public hearing will be held at the
meeting on June 9th.
g. Ordinance No. 29-81 relative to annexing a 5.41 acre parcel of
land located at the northwest corner of Barwick Road and the
L-32 Canal, subject to R-1A (Single Family Dwelling) District
has been prepared for Council consideration on First Reading at
the meeting Tuesday night.
This property is presently zoned in the County as AG (Agricul-
tural).
Council, at the February 24th meeting, requested permission from
the Palm Beach County Board of Commissioners to rezone the land
to be annexed.
Second and FINAL Reading and public hearing will be held at the
meeting on June 9th.
h. Ordinance No. 30-81 relative to annexing a 13,362 square foot
parcel of land, located on the east side of N. W. 5th Avenue,
between N.W. 9th Street and N.W. 11th Street, subject to R-1AA
(Single Family Dwelling) District has been prepared for Council
consideration on First Reading at the meeting Tuesday night.
This property is presently zoned in the County as RS (Residen-
tial Single Family).
Council, at the April 21st workshop meeting instructed the City
Attorney to prepare the ordinance.
Second and FINAL Reading and public hearing will be held at the
meeting on June 9th.
i. Ordinance No. 32-81 relative to annexing a 10,636 square foot
parcel of land, located on the east side of N.W. 5th Avenue,
between N. W. 7th Street and N. W. 9th Street, subject to R-1AA
(Single Family Dwelling) District has been prepared for Council
consideration on First Reading at the meeting Tuesday night.
This property is presently zoned in the County as RS (Residen-
tial Single Family).
Since this request is in conformance with the City's Land Use
Plan, it is recommended that the ordinance be adopted.
Second and FINAL Reading and public hearing will be held at the
June 9th meeting.
PREFACE 05-12-81
Page 6