02-11-80 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
February 11, 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 January 28, 1980 and
special meeting of February 4, 1980.
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. Appointment of Clerks and Inspectors for the upcoming election.
c. Consider appointment to the Beautification Committee.
d. Consider appointments to the Board of Construction Appeals.
e. Consider appointments to the Board of Adjustment.
f. Consider execution of Developers Utility Service Agreement
Carman Development Ltd.
7. Petitions and Communications:
a. Consider reply to the Area Planning Board relative to Board of
County Commissioners for the Department of Airports.
b. Consider request for solicitation of funds -- Lions Club of
Delray Beach, Inc.
8. Resolutions and Ordinances:
a. Consider adoption of Resolution No. 15-80 providing for assess-
ment of nuisance abatement costs.
b. Consider adoption of Resolution No. 16-80 accepting as opera-
tional, the sanitary sewers and water utilities installed in
Abbey Delray.
c. Consider adoption of Resolution No. 17-80 accepting as opera-
tional,streets and storm drains installed in Abbey Delray.
d. Consider adoption of Resolution No. 18-80 setting forth the
need for funds to monitor the beach erosion control project.
e. Consider adoption of Resolution No. 19-80 authorizing purchase
of sanitation equipment.
f. Consider adoption of Resolution No. 20-80 approving the filing
by Planned Parenthood of an application for grant funds.
g.
Second and FINAL Reading of Ordinance No. 4-80,
nance No. 85-79 relative to rezoning request
corner of U. S. No.1 and Eve Street.
repealing Ordi-
Northeast
h. Second and FINAL Reading of Ordinance No. 5-80, amending the
Zoning ordinance to add the term "industrial equipment" to the
list of prohibited or restricted motor vehicles in residential
districts.
8. i. First Reading of Ordinance No. 6-80, amending the Traffic
and Motor Vehicles ordinance relative to traffic signs and
signals.
j. First Reading of Ordinance No. 7-80 amending the Zoning ordi-
nance relative to inspection of paving and drainage on park-
ing lots.
k. First Reading of Ordinance No. 8-80 amending the Building Code
ordinance relative to walls and handrails on stairways.
1. First Reading of Ordinance No. 9-80 amending the Streets and
Sidewalks and Zoning ordinances relative to public right-of-
way work permits.
m. First Reading of Ordinance No. 10-80 establishing a charge
for installation of grave markers.
n. First Reading of Ordinance No. 11-80 amending the Zoning ordi-
nance relative to parking regulations in the Central Business
District.
9. Reports:
a. Report from the Planning & Zoning Board relative to final plat
approval -- Delray Oaks First Addition.
b. Report from the Planning & Zoning Board relative to site and
development plan approval -- Southern Pines.
AGENDA 2-11-80
Page 2
PRE F ACE
6. b. In compliance with requirements set forth in Chapter 12 of
the City's Code of Ordinances, Council should appoint Clerks
and Inspectors to conduct the upcoming election. It is
suggested that the list of possible appointees shown on the
enclosed sheet, from which sufficient numbers of Clerks and
Inspectors will be selected by the City Clerk, be approved
by Council.
c. As discussed at the February 4th workshop meeting, Council is
to consider the appointment of Mrs. Elfrede Forbell, 552 N. W.
48th Avenue, Rainberry Woods to the Beautification Committee
to replace Mr. George Feeley, who has resigned.
d. As discussed at the workshop meeting on February 4th, Council
is to consider at Monday night's meeting the reappointment of
Messrs. Tom Woolbright and Russell Jennings as members of the
Board of Construction Appeals to three-year terms ending
January 8, 1983; Mr. Russell Warren to a three-year term end-
ing January 8, 1983 to replace John Knudson who is now a City
employee; and Mr. Matt Gracey to the unexpired term of Mr.
William Plum, ending January 8, 1981 who resigned to serve on
the Code Enforcement Board.
e. As discussed at the February 4th workshop meeting, Council is
to consider at the meeting Monday night the reappointment of
Messrs John Henderson and Jake Pullum as regular members of the
Board of Adjustment to three-year terms ending March 15, 1983;
the reappointment of Mr. Alexander Simon as an alternate member
to a three-year term ending March 15, 1983; and the appointment
of C. W. Bowring, III to Marie Horenburger's unexpired term as
an alternate member ending March 15, 1980 and to a full term
ending March 15, 1983. Mrs. Horenburger was elevated from
alternate member to regular member to replace Mr. Charles Toth,
who resigned.
f. It is recommended that Council approve the execution of a
Developers Utility Service Agreement with Carman Development
Ltd. for the providing of water and sewer service to the area
described as Pines of Delray North, Phase III, west of
Congress Avenue, north of Lake Ida Road and south of the City
limits.
A check in the amount of $22,400 has been deposited in the
Developers Fund to cover 224 units @ $100 each.
7. a. A communication has been received from the Area Planning Board
dated January 28th, requesting A-95 Clearinghouse review and
comment relative to the Board of County Commissioners for the
Department of Airports.
This is an application for Federal assistance to obtain plan-
ning grant funds to perform a site selection and Master Plan
Study for a new General Aviation Airport in South Palm Beach
County.
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.
b. A communication has been received from Lions Club of Delray
Beach, Inc. requesting permission to solicit funds on
March 8, 1980, approval of which is recommended by the
Solicitations Committee.
8. a. Resolution No. 15-80 provides for assessment of cost incurred
by the City in abating a previously determined nuisance against
certain properties, the owners of which failed to abate such
nuisances within the allotted time from date of original
nuisance violation notice.
Council may request any further desired information in lieu
of which, and in compliance with Section 15 of the City's
Code of Ordinances, adoption of Resolution No. 15-80 is
recommended.
b. It is recommended that the sanitary sewers and water utilities
installed in Abbey Delray be accepted as operational by
adoption of Resolution No. 16-80.
c. It is recommended that streets and storm drains installed in
Abbey Delray be accepted as operational by adoption of
Resolution No. 17-80.
d. Resolution No. 18-80 setting forth the need for funds to
monitor the beach erosion control project, revegetate the
beach, monitor the effects of dredging on the coral reef and
conduct an off-shore sand search has been prepared for Council
consideration at the meeting Monday night.
This resolution is needed as part of the submission and ap-
plication for the $166,500 from the Department of Natural
Resources. The application has been submitted and this
resolution will complete the transaction.
e. Resolution No. 19-80 authorizing purchase of sanitation equip-
ment that will be required when the City takes over the trash
and garbage collection on July 1, 1980 has been prepared for
Council consideration at Monday night's meeting. A copy of
Resolution No. 19-80 is enclosed.
The City Manager will make further comment at the meeting
Monday night.
f. Resolution No. 20-80 relative to endorsing a program of Planned
Parenthood and authorizing execution of an application with the
State of Florida Department of Community Affairs for grant
funds for a satellite office in Delray Beach has been prepared
for Council consideration at the meeting Monday night.
This was discussed at the workshop meeting on February 4th.
g. Ordinance No. 4-80, repealing Ordinance No. 85-79 to correct
the legal description 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 January 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 Monday night's meeting in order that any interested
parties may be heard.
h. Ordinance No. 5-80 has been prepared for Council consideration
on Second and FINAL Reading at Monday night's meeting. This
ordinance, if passed, will amend the Zoning ordinance to add
the term "industrial equipment" to the list of prohibited or
restricted motor vehicles in residential districts. This ordi-
nance was passed on First Reading at the January 28th meeting.
Prior to consideration of passage of this ordinance on Second
and FINAL Reading, a public hearing has been scheduled to be
PREFACE 2-11-80
Page 2
8. h. held at Monday night's meeting in order that any interested
parties may be heard.
9.
a.
i.
Ordinance No. 6-80 amending Chapter 25 "Traffic and Motor
Vehicles" of the Code of Ordinances relative to determining
the need for official traffic control devices, signs and
signals has been prepared for Council consideration on First
Reading at the meeting Monday night.
j .
Ordinance No. 7-80 amending Chapter 29 "Zoning" of the Code
of Ordinances relative to requiring the certification of an
architect or engineer that paving and drainage facilities for
off-street parking areas have been constructed according to
the approved plans has been prepared for Council consideration
on First Reading at the meeting Monday night.
Council, at the January 7th workshop meeting, instructed the
City Attorney to prepare the ordinance.
k.
Ordinance No. 8-80, amending Chapter 9 "Building Code" of the
Code of Ordinances relative to establishing requirements for
walls and handrails on both sides of stairways has been pre-
pared for Council consideration on First Reading at the meet-
ing Monday night.
The City Attorney was instructed by Council, at the January
7th workshop meeting, to prepare the ordinance.
1. Ordinance No. 9-80, amending Chapter 23 "Streets and Sidewalks"
and Chapter 29 "Zoning" of the Code of Ordinances relative to
installation and maintenance of walls, fences, hedges and
similar structures, on or adjacent to public rights-of-way
has been prepared for Council consideration on First Reading
at Monday night's meeting.
Council, at the workshop meeting on January 7th, instructed the
City Attorney to prepare the ordinance.
m. Ordinance No. 10-80 establishing a charge for installation of
grave markers has been prepared for Council consideration on
First Reading at the meeting Monday night.
Council, at the February 4th workshop meeting, instructed the
City Attorney to prepare the ordinance.
n. Ordinance No. 11-80, amending Chapter 29 "Zoning" of the Code
of Ordinances relative to parking regulations in the Central
Business District has been prepared for Council consideration
on First Reading at the meeting Monday night.
Council instructed the City Attorney at the February 4th work-
shop meeting to prepare the ordinance.
The Planning & Zoni~g Board at a meeting held on January 22nd,
recomm7nded by.u~an~mous vote that the final plat for Delray
Oaks F~rst Add~t~on, located on the north side of the C-15
can~l, between Congress Avenue and the E-4 Canal, be approved,
subJect to the following:
1) City Engineer's memorandum of January 21st (copy at-
tached) .
2) Director of Public Utilities memorandum of January 9th
(copy attached).
3) Availability of water.
b. The Planning & Zoning Board at a meeting held on January 22nd,
recommended by unanimous vote that the site and development
plan for Southern Pines, located on the south side of German-
town Road, between S. W. 22nd Avenue and Congress Avenue be
approved, subject to the following:
PREFACE 2-11-80
Page 3
9. b. 1) City Engineer's memorandum of January 21st.
2) Director of Public Utilities memorandum of December 12,
1979.
3) Availability of water.
4) A time limitation of 18 months be set for development
of the project.
This was discussed at the January 4th workshop meeting.
PREFACE 2-11-80
Page 4