01-14-80 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
January 14, 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 meeting of December 10, 1979.
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 establishing maximum membership policy - Delray Beach
Country Club.
c. Consider establishing Non-Resident policy - Delray Beach
Country Club.
d. Consider establishing Resort Facility membership policy -
Delray Beach Country Club.
e. Consider City requests relative to County Road Bond Issue
Projects.
f. Consider execution of easement deed at S. W. lOth Street and
S. W. 10th Avenue.
g. Consider execution of easement deed at Lake Ida Road and N. W.
4th Avenue.
h. Consider execution of easement deed relative to Miller Park.
i. Consider authorizing execution of 5th Year Community Develop-
ment Program Sidewalk project between the City and Palm Beach
County.
-
j. Consider proposal for the City and Palm Beach County to parti-
cipate in a corridor study for Davis Road.
k. Consider appointments to the Financial Advisory Board.
1. Consider appointments to the Code Enforcement Board.
m. Consider execution of Developers utility Service Agreement -
Delray West Associates.
n. Consider execution of Developers Utility Service Agreement -
pines Plaza.
o. Consider execution of Developers Utility Service Agreement -
Rainberry Lakes, Phase IlIA.
p. Consider execution of Developers Utility Service Agreement -
Rainberry Phase 4A.
7. petitions and Communications:
a. Consider authorizing water service - Palo Verde, west side of
Military Trail.
7. b. Consider reply to Area Planning Board relative to Governor's
Energy Office, Energy Extension Service (EES).
c. Consider reply to Area Planning Board relative to Palm Beach
County Office of Criminal Justice Planning Law Enforcement
Applicant Processing Center-Continuation Fund.
8. Resolutions and Ordinances:
a. Consider adoption of Resolution No. 3-80 accepting as opera-
tional the sanitary sewers and water utilities in Homewood
Lakes, section A.
b. Consider adoption of Resolution No. 4-80 accepting as opera-
tional all streets and storm drains in Homewood Lakes,
Section A.
c. Consider adoption of Resolution No. 5-80 authorizing purchase
of one used tandem axle tractor for use at the refuse transfer
station.
d. Consider adoption of Resolution No. 6-80 documenting the
Council's action relative to the Palm Beach County Metropoli-
tan Planning Organization Interlocal Agreement.
e. Second and FINAL Reading of Ordinance No. 38-79, amending
Chapter 2 "Administration" of the Code of Ordinances enumerat-
ing the municipal departments.
f. Second and FINAL Reading of Ordinance No. 76-79 relative
to annexation - Southeast corner of Seacrest Boulevard and
Gulfstream Boulevard (Seacrest Boulevard Continuing Presby-
terian Church, Inc., applicant).
g. Second and FINAL Reading of Ordinance No. 84-79 relative to
annexation - Northeast corner of U. S. No.1 and Eve Street
(JKL Development Corporation, applicant).
h. Second and FINAL Reading of Ordinance No. 85-79 relative to
rezoning request - Northeast corner of U. S. No. 1 and Eve
Street.
i. First Reading of Ordinance No. 86-79 amending Chapter 8 "Boats,
Docks and Waterways" of the Code of Ordinances to provide for
the regulation of construction of docks, dolphins, finger
piers and boat lifts.
j. First Reading of Ordinance No. 1-80, adopting and enacting a
new Code of Ordinances.
k. First Reading of Ordinance No. 2-80, amending Chapter 29
"Zoning" of the Code of Ordinances to allow "resource
recovery plant, in a completely enclosed building" as a
permitted use.
1. First Reading of Ordinance No. 3-80, amending Chapter 29
"Zoning" of the Code of Ordinances relative to parking by
expanding the definition of "industrial equipment" and by
adding the R-1A-B, PRD-4, PRD-7 and PRD-10 zoning districts
to the definition of "residential districts".
9. Reports:
a. Report from the Planning & Zoning Board relative to condi-
tional use approval - Burns Day Care Center.
b. Report from the Planning & Zoning Board relative to site and
development plan - Marina Del Rey.
AGENDA 1-14-80
Page 2
9. c. Report from the Planning & Zoning Board relative to final
plat approval - Lago Del Rey (Phase IIA).
d. Report from the Planning & Zoning Board relative to final
plat approval - Fairways Subdivision (Hamlet-Phase XIII) .
e. Report from the Planning & Zoning Board relative to site
plan modification - Stewart Arms.
f. Report from the Planning & Zoning Board relative to condi-
tional use approval extension - Vacation House Motel.
AGENDA 1-14-80
Page 3
PRE F ACE
6. b. As discussed at workshop on several occasions, it is recom-
mended that Council set 600 as the maximum number of member-
ships at the Delray Beach Country Club.
c. As discussed at workshop on January 7th, it is recommended
that policy be established to not renew Non-Resident member-
ships at the Delray Beach Country Club when residents are
on a waiting list to become members, it being understood
that Non-Resident members at the time of City purchase of
the club who were "grandfathered" in by their purchase of
memberships in April, 1979 may renew their memberships.
d. As discussed at the January 7th workshop meeting, it is
recommended that a licensed Resort Facility membership
classification be established at $400 per annum which will
permit the facility guests to play at the residential greens
fees rate, with the resort facility being billed for same.
e. The County tentatively plans to include the following pro-
jects in the Delray Beach area in a projected general
obligation bond issue:
1. Congress Avenue - Construct 4 lanes from Yamato Road to
Lantana Road.
2. Military Trail - Construct 4 lanes from Linton Boulevard
to Lake Ida Road.
The administration recommends seeking the addition of the
following projects, listed in priority order:
3. Lake Ida Road - Construct 4 lanes from Federal Highway to
Military Trail.
4. Linton Boulevard - Construct 4 lanes from Congress Avenue
to Military Trail.
Mrs. Alice Finst expressed her opposition at the January 7th
workshop meeting to 4-laning Lake Ida Road past Chatelaine,
where she lives, because of the noise the traffic would
generate, but seemed to be agreeable to having it 4-laned be-
tween Federal Highway and Congress Avenue. People also live
in the vicinity of this portion of Lake Ida Road.
A gentleman at the meeting, who said he also lived in
Chatelaine, indicated he would rather have Linton 4-laned
than Lake Ida Road.
f.
It is recommended that Council
10-foot easement deed at S. W.
Avenue on City owned property.
would be used by Southern Bell
box.
authorize the execution of a
10th Street and S. W. 10th
The 10-foot by 12-foot parcel
to place a telephone terminal
A sketch of the area is enclosed.
g. It is recommended that Council authorize the execution of a
12-foot easement deed at Lake Ida Road and N. W. 4th Avenue
on City owned property. Due to the anticipated growth from
the Isle of Delray Subdivision, Southern Bell expects to re-
enforce and/or replace a cable buried under and through this
area. This easement will also allow other utility companies
to use this easement for communication or electrical trans-
mission lines.
Enclosed is a sketch of the area.
6. h. It is recommended that Council authorize the execution of a
10-foot electrical easement deed to Florida Power & Light
to provide electricity to energize lighting for regulation
little league ball field in Miller Park.
This 10-foot easement in no way affects any other phase of
Miller Park, and will also provide any other electricity
needed to complete the remainder of the lighting system.
A sketch showing the area is enclosed.
i. It is recommended that Council approve execution of the 5th
Year Community Development Program Sidewalk Project between
the City and Palm Beach County pursuant to the November 28,
1979 letter regarding same from the County Community De-
velopment Agency.
j. As discussed at the workshop meeting on January 7th, Council
is to consider a proposal for the City and Palm Beach County
to participate in a corridor study for Davis Road which will
involve aerial photographs, with the engineering to be ac-
complished by the City and the County. Estimated cost for
the aerial photographs is $4,000, to be shared equally by
the City and the County, since Davis Road is in both the
City and the County.
k. If Council is ready to do so at the meeting Monday night, con-
sideration may be given to the appointments of two alternate
members to the Financial Advisory Board to two-year terms
expiring April 12, 1982. Messrs. Alvin Doherty and William
Bathurst have resigned as alternate members of the Board.
1. Council may consider making appointments to the Code Enforce-
ment Board at Monday night's meeting if the names of candi-
dates satisfactory to Council are presented by the time of
the meeting.
m. It is recommended that Council approve the execution of a
Developers Utility Service Agreement with Delray West As-
sociates for the providing of water and sewer service to the
area located at the southeast quadrant at the intersection
of Military Trail and Delray West Road, located outside the
City.
A check in the amount of $9,000 has been deposited in the
Development Fund to cover 9 acres at $1,000 per acre ($625
per acre for sewer and $375 per acre for water).
Council approved providing water service to this property
at the September 10, 1979 meeting.
n. It is recommended that Council approve the execution of a
Developers Utility Service Agreement with Dadme Development
Corporation for the providing of water and sewer service to
the area described as pines Plaza, located at the southwest
corner of Military Trail and Delray West Road, located out-
side the City.
A check in the amount of $9,185 has been deposited in the
Development Fund to cover 9.185 acres at $1,000 per acre
($625 per acre for sewer and $375 per acre for water) .
Council approved providing water service to this property at
the August 13, 1979 meeting.
o. It is recommended that Council approve the execution of a
Developers Utility Service Agreement with Carole Siemens,
Trustee for the providing of water and sewer service to
the area described as Rainberry Lakes, Phase IlIA, located
at the northwest corner of Congress Avenue and Lake Ida Road.
PREFACE 1-14-80
Page 2
6. o. A check in the amount of $5,200 has been deposited in the
Development Fund to cover 52 units @ $100 each.
p. It is recommended that Council approve the execution of a
Developers utility Service Agreement with Centex Homes of
Florida for the providing of water and sewer service to the
area described as Rainberry Phase 4A, located East of Davis
Road, West of Rainberry Lake and North of Lake Ida Road.
A check in the amount of $7,100 has been deposited in the
Development Fund to cover 71 units @ $100 each.
7. a. A request has been received for water service for Palo Verde,
a 174-unit development planned for the west side of Military
Trail in the vicinity of the Del Aire development.
Council, at the June 25, 1979 meeting, authorized water
service to Palo Verde upon completion of the expanded water
plant. Filters have been added since the June 25th Council
action which increase the water plant capacity from 15.1
million gallons per day to 18.1 million gallons per day.
There is no need to withhold water service until the water
plant is expanded and it is recommended that the water service
agreement be approved providing water service immediately.
b. A communication has been received from Area Planning Board
dated December 26, 1979 requesting A-95 Clearinghouse review
and comment relative to the Governor's Energy Office, Energy
Extension Service (EES).
This is an energy conservation program targetted for bankers,
builders, realtors, hotel and motel owners, commuters, resi-
dential and local governments.
This project will not result in any adverse effects to the
local natural, social or economic environment.
Council may either concur with the City Manager's letter or
state its disapproval.
Copies of all material relative to the application are enclosed.
c. A communication has been received from Area Planning Board
dated December 7, 1979 requesting A-95 Clearinghouse review
and comment relative to the Palm Beach County Office of
Criminal Justice Planning Law Enforcement Applicant Process-
ing Center-continuation Fund.
This is the second year of a three-year program and provides
a pool of thoroughly screened police applicants from which
34 Police Agencies can draw.
This project will not result in any adverse effects to the
local natural, social or economic environment.
Council may either concur with the City Manager's letter or
state its disapproval.
Copies of all material relative to the application are en-
closed.
8. a. It is recommended that the sanitary sewers and water utili-
ties installed in Homewood Lakes, Section A be accepted as
operational by adoption of Resolution No. 3-80.
b. It is recommended that all streets and storm drains in Home-
wood Lakes, Section A be accepted as operational by adoption
of Resolution No. 4-80.
PREFACE 1-14-80
Page 3
8. c. Resolution No. 5-80 authorizing purchase of one used tandem
axle tractor for use at the refuse transfer station has been
prepared for Council consideration at the meeting Monday
night. This tractor will be purchased from a supplier at a
price not to exceed $15,000. Reimbursement from the loan is
to be secured from banks for refuse equipment purchase.
d. Council, at the December 10, 1979 meeting, approved the new
Metropolitan planning Organization Interlocal Agreement.
Since Florida Department of Transportation's policy requires
that a resolution be adopted to document City Council's
action, Resolution No. 6-80 has been prepared for Council
consideration at the meeting Monday night.
e. Ordinance No. 38-79, amending Chapter 2 "Administration" of
the Code of Ordinances enumerating the municipal departments
has been prepared for Council consideration on Second and
FINAL Reading at the meeting Monday night. This ordinance
was passed on First Reading at the December 10, 1979 meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Monday night's meeting in order that any interested
parties may be heard.
f. Ordinance No. 76-79 has been prepared for Council consider-
ation on Second and FINAL Reading at Monday night's meeting.
This ordinance, if passed, will annex a parcel of land
located at the southeast corner of Seacrest Boulevard and
Gulfstream Boulevard. This ordinance was passed on First
Reading at the November 26, 1979 meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Monday night's meeting in order that any interested
parties may be heard.
g. Ordinance No. 84-79 relative to annexing a parcel of land
located at the northeast corner of U. S. No.1 and Eve
Street, sUbject to SAD (Special Activities) District has
been prepared for Council consideration on Second and FINAL
Reading at the meeting Monday night. This ordinance was
passed on First Reading at the December 10, 1979 meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Monday night's meeting in order that any interested
parties may be heard.
h. Ordinance No. 85-79 relative to rezoning and placing land
zoned CG (General Commercial) District (County) to SAD
(Special Activities) District (City), located at the north-
east corner of U. S. No.1 and Eve Street has been prepared
for Council consideration on Second and FINAL Reading at the
meeting Monday night. This ordinance was passed on First
Reading at the December 10, 1979 meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
held at Monday night's meeting in order that any interested
parties may be heard.
i. Ordinance No. 86-79 amending Chapter 8 "Boats, Docks and
Waterways" of the Code of Ordinances to provide for the
regulation of construction of docks, dolphins, finger piers
and boat lifts has been prepared for Council consideration
on First Reading at the meeting Monday night.
Council, at the December 10, 1979 meeting, referred this to
workshop.
PREFACE 1-14-80
Page 4
8. i. This was discussed at the January 7th workshop meeting.
j. Ordinance No. 1-80, adopting and enacting a new Code of
Ordinances has been prepared for Council consideration on
First Reading at Monday night's meeting.
k. Ordinance No. 2-80, amending Chapter 29 "Zoning" of the
Code of Ordinances to allow "resource recovery plant, in a
completely enclosed building" as a permitted use has been
prepared for Council consideration on First Reading at the
meeting Monday night.
Council, at the December 10, 1979 meeting, instructed the
City Attorney to prepare the ordinance.
1. Ordinance No. 3-80, amending Chapter 29 "Zoning" of the
Code of Ordinances relative to parking by expanding the
definition of "industrial equipment" and by adding the
R-1A-B, PRD-4, PRD-7 and PRD-IO zoning districts to the
definition of "residential districts" has been prepared
for Council consideration on First Reading at Monday night's
meeting.
Council, at the November 5, 1979 workshop meeting, referred
this item back to the Planning & Zoning Board. The Planning
& Zoning Board, at a meeting held on November 27, 1979,
recommended by unanimous vote that their original October 16,
1979 recommendation be adopted, as any other method of regu-
lation would be unworkable and unenforceable.
9. a. The Planning & Zoning Board at a meeting held on December 18,
1979, recommended by unanimous vote that the conditional use
approval for Burns Day Care Center, located north of N. W.
3rd Street between N. W. 7th Avenue and N. W. 8th Avenue be
approved, subject to the following:
1) City Engineer's memorandum of November 21, 1979 (copy
attached) .
2) Director of Public Utilities memorandum of November 14,
1979 (copy attached).
3) Availability of water.
4) A time limitation of one year be set for development of
the project.
This was discussed at the workshop meeting on January 7th.
b. The Planning & Zoning Board at a meeting held on December 18,
1979, recommended by unanimous vote that the site and de-
velopment plan approval for Marina Del Rey, north of N. E.
8th Street between Palm Trail and the Intracoastal Waterway
be approved, subject to the following:
1) City Engineer's memorandum of November 26, 1979 (copy
attached) .
2) Director of Public utilities memorandum of November 15,
1979 (copy attached).
3) Availability of water.
4) A time limitation of one year be set for development of
the project.
This was discussed at the January 7th workshop meeting.
c. The Planning & Zoning Board at a meeting held on December 18,
1979, recommended by unanimous vote that the final plat for
Lago Del Rey, located north of Lowson Boulevard between Dover
Road and Homewood Boulevard, be approved, subject to the
following:
PREFACE 1-14-80
Page 5
9. c. 1) City Engineer's memorandum of December 14, 1979,
(copy attached).
2) Director of Public utilities memorandum of December 3,
1979 (copy attached) .
3) Availability of water.
d. The Planning & Zoning Board at a meeting held on December 20,
1979, recommended by unanimous vote that the final plat for
Fairways Subdivision (Hamlet-Phase XIII), be approved, sub-
ject to the following:
1) City Engineer's memorandum of December 6, 1979 (copy
attached).
2) Director of Public Utilities memorandum of December 4,
1979 (copy attached).
3) That there will be a curb cut through the existing
median strip of Hamlet Drive in order to provide access
to these lots.
4) Availability of water.
e. The Planning & Zoning Board at a meeting held on December 28,
1979, considered the site plan modification request for
Stewart Arms development to eliminate the S. W. 14th Avenue
dedication and improvement requirement from the approved
site plan, and add another entranceway at the southeast
corner of the property.
The subject property is in Section 20-46-43, and is located
on the north side of S. W. 8th Street, between S. W. 8th
Avenue and S. W. 15th Avenue, and is zoned RM-15 (Multiple
Family) District.
After discussion, a motion passed unanimously, approving the
elimination of the S. W. 14th Avenue dedication and im-
provement requirement as a minor modification, with the
understanding that there will not be another entranceway
at the southeast corner of the property, and that a pre-
liminary and final plat will be submitted when the project
is completed.
The Board further discussed the possibility of providing
access at the northeast corner of the property so as to
provide traffic circulation to S. W. 8th Avenue.
After discussion, a motion passed unanimously, recommending
that a road connection be provided at the northeast corner
of the property, then extend and improve S. W. lOth Avenue
north to S. W. 6th Street, then extend and improve S. W.
6th Street east to connect with S. W. 8th Avenue.
f. The Planning & Zoning Board at a meeting held on December 28,
1979, recommended by unanimous vote that the conditional use
approval for Vacation House Motel, located at the northeast
corner of N. E. 6th Avenue and N. E. 3rd Street be extended
for one year from April 9, 1980 to April 9, 1981.
This was discussed at the January 7th workshop meeting.
PREFACE 1-14-80
Page 6