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11-10-81 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING November 10, 1981 AGE N D A 1. Opening Prayer. 2. Pledge of Allegiance to the flag of the united States of America. 3. a. Approval of minutes of regular meeting of October 27, 1981 and special meeting of October 20, 1981. b. Presentation by David Nathanson. 4. Presentation of items by Council Members. 5. Recognition of public requests from the floor. 6. a. Items added to the agenda by the City Manager. b. CONSENT AGENDA (1) Consider appointment to the Board of Adjustment. (Approval is recommended.) (2) Consider appointment to the Code Enforcement Board. (Approval is recommended.) (3) Consider authorizing acceptance of a warranty deed for road purposes -- S. W. 10th Avenue between S. W. 4th Street to Carver Estates. (Approval is recommended.) (4) Consider authorizing the City Manager to transmit a letter to the current owners of a portion of the land on which a new proposed road is to be built at S. W. 10th Avenue between S. W. 4th Street to Carver Estates. (Approval is recommended.) (5) Consider authorizing execution of traffic control agree- ment between the City and Palm Beach County for signal- ization at the intersection of Linton Boulevard and AlA. (Approval is recommended.) (6) Consider request for solicitation of funds -- Delray Beach Public Library Association, Inc. (Approval is recommended.) (7) Consider request for solicitation of funds -- Daughter of Zion Seventh Day Adventist Church. (Approval is recommended.) (8) Consider request for solicitation of funds -- Amara Shrine Temple, A.A.O.N.M.S. (Approval is recom- mended.) (9) Consider request for water and sewer service outside the City -- 1114 Royal Palm Drive (Simon and Esperanza Yracheta, applicants). (Approval is recommended.) (10) Consider adoption of Resolution No. 89-81 authorizing Robert H. Fisk, Interim City Manager to sign documents relative to construction of Lift Station Nos. 50 and 80. (Approval is recommended.) (11) Consider adoption of Resolution No. 90-81 supporting the action of the Village of Tequesta and requesting 6. b. (11) that the Palm and recertify Delray Beach. Beach County Property Appraiser restudy the assessment roll for the City of (Approval is recommended.) (12) Consider adoption of Resolution No. 91-81 requesting permission from the Palm Beach County Board of Com- missioners to rezone land -- Southeast corner of S. W. 10th Street and S. W. 7th Avenue (South Atlantic Conference Association of Seventh Day Adventists, Inc., applicant). (Approval is recommended.) (13) Report from the Planning & Zoning Board relative to final plat approval -- Mack Industries Subdivision. (Approval is recommended.) (14) Report from the Planning & Zoning Board relative to conditional use approval -- Parking Lot for Atlantic Center. (Approval is recommended.) REGULAR AGENDA c. Consider purchase of the Pignato property. d. Consider setting a policy relative to gifts to City employees. e. Consider formal appointment of Herbert W. A. Thiele as full time City Attorney. f. Consider funding for Plumosa Park Recreation. 7. Petitions and Communications None. 8. Resolutions and Ordinances a. Consider adoption of Resolution No. 88-81 authorizing the exchange of real property owned by the City with Namil Corporation and holding a public hearing. b. Second and FINAL Reading of Ordinance No. 69-81 relative to annexation -- North side of Collins Avenue between Dixie Highway and Miami Avenue (Edward R. and Marjorie E. Mello, applicants) . c. Second and FINAL Reading of Ordinance No. 70-81 relative to annexation -- North side of the C-15 Canal, between Military Trail and the E-4 Canal (D.G.C. Associates, applicant). d. Second and FINAL Reading of Ordinance No. 71-81 relative to annexation -- Southwest corner of Congress Avenue and German- town Road (Leo A. and Joan M. Blair, applicants). e. Second and FINAL Reading of Ordinance No. 73-81 relative to special variances, noise control. f. Second and FINAL Reading of Ordinance No. 74-81, amending Ordinance No. 44-81 to delete the requirement that five parking spaces be eliminated at the northwest corner of the five acre parcel of land located south of Linton Boulevard, between Congress Avenue and the SAL Railroad. g. Second and FINAL Reading of Ordinance No. 75-81 relative to rezoning -- Southwest corner of Congress Avenue and German- town Road (Leo A. and Joan M. Blair, applicants). h. First Reading of Ordinance No. 76-81 relative to annexation West side of Florida Boulevard, between LaMat Avenue and Avenue "J" (Henry E. and Judith C. Brooks, applicants). i. First Reading of Ordinance No. 77-81 relative to vehicle lubrication facility. AGENDA 11-10-81 Page 2 PRE F ACE CONSENT AGENDA 6. b. (1) As discussed at the workshop meeting on November 3rd, Council is to consider the appointment of Matt Gracey, Jr. as an alternate member of the Board of Adjustment to the unexpired term of C. W. Bowring, III, ending March 15, 1983. Approval is recommended. (2) As discussed at the November 3rd workshop meeting, Council is to consider the appointment of Richard W. Sheremeta as an alternate member of the Code Enforce- ment Board to a term ending January 14, 1984. Approval is recommended. (3) It is recommended that Council authorize acceptance of a warranty deed for a portion of the land on which a new proposed road is to be constructed at S. W. 10th Avenue between S. W. 4th Street to Carver Estates. (4) It is recommended that Council authorize the City Manager to transmit a letter to the current owners of a portion of the land on which a new proposed road is to be con- structed at S. W. 10th Avenue between S. W. 4th Street to Carver Estates, agreeing to the conditions for the conveyance of the property to the City. A copy of the proposed letter is enclosed. Item 6.b. (3) recommends authorizing acceptance of a warranty deed for a 25 foot x 665 foot portion of the land. (5) It is recommended that Council authorize execution of an agreement between the City and Palm Beach County for signalization at the intersection of Linton Boulevard and AlA. Palm Beach County will accept this recently constructed traffic signal on their system for maintenance and operation. A copy of the agreement is enclosed. (6) A communication has been received from Delray Beach Public Library Association, Inc. requesting permission to solicit funds from March 7th through March 20, 1982. Approval is recommended. (7) A communication has been received from the Daughter of Zion Seventh Day Adventist Church requesting permission to solicit funds from November 27th through December 10, 1981. Approval is recommended. (8) A communication has been received from Amara Shrine Temple, A.A.O.N.M.S. requesting permission to solicit funds from November 11th through November 24, 1981. Approval is recommended. (9) The City is in receipt of an application from Simon and Esperanza Yracheta for City water and sewer service to serve .275 acres, located approximately 1/2 block west of Germantown Road and north of Linton Boulevard, 1114 Royal Palm Drive, which is outside the City. The property is a single family residence. PREFACE 11-10-81 Page 1 6. b. (9) 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. (10) Resolution No. 89-81 authorizing Robert H. Fisk, Interim City Manager to sign documents for the construction of Lift Station Nos. 50 and 80 and associated force mains has been prepared for Council consideration at the meet- ing Tuesday night. Approval is recommended. (11) Resolution No. 90-81 supporting the action of the Village of Tequesta and requesting that the Palm Beach County Property Appraiser restudy and recertify the assessment roll for the City of Delray Beach has been prepared for Council consideration at the meeting Tuesday night. Approval is recommended. (12) Resolution No. 91-81 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RH (Residential Multiple Family) (High Density) (County) to SAD (Special Activities) (City), located at the southeast corner of S. W. 10th Street and S. W. 7th Avenue, has been prepared for Council consider- ation at the meeting Tuesday night. This was discussed at the workshop meeting on November 3rd. Approval is recommended. (13) The Planning & Zoning Board at a meeting held on October 27th, recommended by unanimous vote that the final plat for Mack Industries Subdivision, located at the south- east corner of N. W. 2nd Street and the SAL Railroad, be approved, subject to: (a) City Engineer's memorandum of October 22nd. (b) Director of Public Utilities' memorandum of October 14th. This was discussed at the November 3rd workshop meeting. Approval is recommended. (14) The Planning & Zoning Board at a meeting held on October 19th, recommended by unanimous vote that the conditional use to allow a parking lot for the Atlantic Center, located at the northeast corner of Venetian Drive and Miramar Drive be approved, subject to: (a) City Engineer's memorandum of October 2nd. (b) Director of Public Utilities' memorandum of September 14th. (c) That the use of this parking lot be limited to the merchants and customers of the Atlantic Center. (d) That the owner of the parking lot and owner of the Atlantic Center enter into written agreement with the City, as outlined in Section 30-18(B) (2) (b) of the Zoning Ordinance. (e) Abandonment of the east-west alley located along the north side of the property. (f) That a mature hedge, six feet high at time of planting, be located along the perimeter of the property. (g) A time limitation of 12 months be set for develop- ment of the project. This was discussed at the November 3rd workshop meeting. Approval is recommended. PREFACE 11-10-81 Page 2 REGULAR AGENDA 6. c. Council is to discuss at Tuesday night's meeting, purchase of the Pignato property located at 53 S. E. 4th Avenue. d. As discussed at the November 3rd workshop meeting, Council is to consider setting a pOlicy relative to gifts to City employees. e. As discussed at the November 3th workshop meeting, Council is to consider the formal appointment of Herbert W. A. Thiele as full time City Attorney. f. Council is to consider at Tuesday night's meeting, funding for Plumosa Park Recreation Facilities. 8. a. Resolution No. 88-81 has been prepared for Council consider- ation at the meeting Tuesday night. This resolution author- izes the exchange of real property owned by the City with Namil Corporation (Homewood Boulevard and Atlantic Avenue) . Prior to adoption of Resolution No. 88-81, Council is to hold a public hearing on the exchange. b. Ordinance No. 69-81 relative to annexing a parcel of land located on the north side of Collins Avenue between Dixie Highway and Miami Avenue subject to RM-IO (Multiple Family Dwelling) District 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 October 13th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. c. Ordinance No. 70-81 relative to annexing a parcel of land located on the north side of the C-15 Canal, between Military Trail and the E-4 Canal subject to R-lAA (Single Family Dwelling) District 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 October 13th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. d. Ordinance No. 71-81 relative to annexing a 6.14-acre parcel of land located at the southwest corner of Congress Avenue and Germantown Road, subject to SAD (Special Activities) District 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 October 13th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. e. Ordinance No. 73-81 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 permitting the City Manager one-time, limited duration, special variances. This ordinance was passed on First Read- ing at the October 27th meeting. PREFACE 11-10-81 Page 3 8. e. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. f. Ordinance No. 74-81, amending Ordinance No. 44-81 to delete the requirement that five parking spaces be eliminated at the northwest corner of the five acre parcel of land located south of Linton Boulevard between Congress Avenue and the SAL Railroad, 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 October 27th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. g. Ordinance No. 75-81 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will rezone and place land zoned AG (Agricultural) District to SAD (Special Activities) District. This ordinance was passed on First Reading at the October 27th meeting. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at Tuesday night's meeting in order that any interested parties may be heard. h. Ordinance No. 76-81 relative .to annexing a parcel of land located on the west side of Florida Boulevard, between LaMat Avenue and Avenue "J", subject to RM-IO (Multiple 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 (Resi- dential Single Family). Council, at the October 13th 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 December 8th. i. Ordinance No. 77-81, amending Chapter 30 "Zoning" of the Code of Ordinances to allow a vehicle lubrication facility in the GC (General Commercial) District has been prepared for Council consideration on First Reading at Tuesday night's meeting. Council, at the workshop meeting on November 3rd, instructed the City Attorney to prepare the ordinance. PREFACE 11-10-81 Page 4