03-10-80 Regular
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
March 10, 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 February 25, 1980 and
special meeting of February 21, 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. Alleged Brutality by Police Officers (Alfred Straghn).
c. Consider authorizing installation of parking meters on the
beach.
d. Consider approval of a safety awards program.
e. Consider authorizing conversion of City vehicles to propane
fuel use for test purposes.
f. Consider authorizing the transfer of $2,000 from the General
Fund Contingency Account for barricading Canal Street.
g. Consider establishing policy relative to expiration of Delray
Beach Country Club non-resident memberships that expire in
April 1980.
h. Consider execution of letter agreement between the City and
May, Zima & Company.
7. Petitions and Communications:
a. Acknowledge minutes of Beautification Committee meeting of
February 13, 1980.
b. Consider reply to the Area Planning Board relative to City of
West Palm Beach Airport Noise Control Program.
c. Consider reply to the Area Planning Board relative to Metro-
politan Planning Organization of Palm Beach County Unified
Planning Work Program.
8. Resolutions and Ordinances:
a. Consider adoption of Resolution No. 23-80 to construct a 5-
foot dock -- Lot E, Block 127.
b. Consider adoption of Resolution No. 24-80 accepting as oper-
ational streets and storm drains in Spanish Wells, Phase I.
c. Consider adoption of Resolution No. 25-80 accepting as oper-
ational the sanitary sewers and water utilities installed
in Spanish Wells, Phase I.
d. Consider adoption of Resolution No. 26-80 accepting as oper-
ational streets and storm drains in Spanish Wells, Phase III.
8. e. Consider adoption of Resolution No. 27-80 accepting as oper-
ational the sanitary sewers and water utilities installed in
Spanish Wells, Phase III.
f. Consider adoption of Resolution No. 28-80 relative to train
whistles.
g. Consider adoption of Resolution No. 29-80 authorizing in-
stallation of a chain link fence at the American Legion Little
League Field.
h. Consider adoption of Resolution No. 30-80 relative to drainage
improvements for Swinton Circle and vicinity.
i. Second and FINAL Reading of Ordinance No. 12-80 amending the
Signs and Billboards ordinance relative to banners and flags.
j. Second and FINAL Reading of Ordinance No. 14-80 amending the
Subdivisions ordinance relative to parks and recreation funds.
k. Second and FINAL Reading of Ordinance No. 15-80 amending the
Zoning ordinance relative to veterinary clinics.
1. Second and FINAL Reading of Ordinance No. 16-80 amending the
Garbage and Trash ordinance relative to fees for use of the
City's transfer station.
m. First Reading of Ordinance No. 19-80 amending the Zoning ordi-
nance relative to off-street parking.
.
9. Reports:
a.
Report from
approval
3) .
the Planning & Zoning Board relative to final plat
Rainberry Lake Phase I (Pines of Delray North No.
b. Report from the Planning & Zoning Board relative to condi-
tional use, site and development plan approval -- Marlinespike
Club.
AGENDA 3-10-80
Page 2
PRE F ACE
6. b. Mr. Alfred Straghn requested that he be put on the agenda for
Monday night's meeting for the purpose of speaking about al-
leged Police brutality.
c. As was discussed at the March 3rd workshop meeting, Council
is to give consideration at Monday night's meeting to au-
thorizing the installation of parking meters on the beach.
d. It is recommended that Council approve a formal safety awards
program for the City. An attempt is being made to commend
such a program to writing prior to the time of the meeting
Monday night.
e. As was discussed at Council workshop meeting on March 3rd, it
is recommended that Council authorize the conversion of up to
six City vehicles to propane fuel use for test purposes and
that $3,500 be transferred from the General Fund Contingency
Account for this purpose which will be used together with
$1,500 from the Utility fund to finance the estimated $5,000
cost of conversion.
f. As was discussed at the March 3rd workshop meeting, it is
recommended that Council authorize the transfer of $2,000
from the General Fund Contingency Account to finance the
barricading of Canal Street as discussed at several Council
meetings.
g. As was discussed at Council workshop meeting on March 3rd,
Council is to give consideration at Monday night's meeting
to the question of whether to permit renewal of non-resident
Country Club memberships expiring in April 1980.
h. It is recommended that Council approve the execution of a
letter agreement between the City and May, Zima & Company for
auditing and accounting services for the years ending 1980,
1981 and 1982 in the amounts of $26,900, $29,500 and $29,500
respectively. A copy of the proposed letter agreement is at-
tached.
7. a. The Mayor should acknowledge minutes of the Beautification
Committee for meeting held on February 13, 1980.
b. A communication has been received from the Area Planning
Board dated February 27th requesting A-95 Clearinghouse review
and comment relative to City of West Palm Beach Airport Noise
Control Program.
Enclosed is a copy of a letter dated February 29th from the
City Manager to APB stating that the program will have no
adverse effects on the local natural, social or economic
environment and there is no duplication of funding between
efforts of the proposed program and those of any related local
projects or programs.
Council may either concur with the City Manager's letter or
state its disapproval.
Copies of all material relative to the application are at-
tached.
c. A communication has been received from the Area Planning
Board dated February 28th requesting A-95 Clearinghouse review
and comment relative to Metropolitan Planning Organization of
Palm Beach County Unified Planning Work Program.
Enclosed is a copy of a letter dated February 29th from the
City Manager to APB stating that the program will have no
7. c. adverse effects on the local natural, social or economic
environment and there is no duplication of funding between
efforts of the proposed program and those of any related
local projects or programs.
Council may either concur with the City Manager's letter or
state its disapproval.
Copies of all material relative to the application are at-
tached.
8. a. Resolution No. 23-80 to construct a dock for private use on
the west side of the Intracoastal Waterway at 708 S. E. 2nd
Street (Lot E, Block 127) has been prepared for Council
consideration at the meeting Monday night.
The applicant, Dr. Kenneth Parsley, filed an application with
the Army Corps of Engineers to construct the dock for private
use. Approval must be obtained from the City before the ap-
plication can be processed.
b. It is recommended that streets and storm drains installed in
Spanish Wells, Phase I be accepted as operational by adoption
of Resolution No. 24-80.
c. It is recommended that sanitary sewers and water utilities
installed in Spanish Wells, Phase I be accepted as operational
by adoption of Resolution No. 25-80.
d. It is recommended that streets and storm drains installed in
Spanish Wells, Phase III be accepted as operational by adop-
tion of Resolution No. 26-80.
e. It is recommended that sanitary sewers and water utilities in-
stalled in Spanish Wells, Phase III be accepted as operational
by adoption of Resolution No. 27-80.
f. Resolution No. 28-80 supporting the City of North Miami in
urging the Florida Legislature to provide protection against
train whistles has been prepared for Council consideration
at Monday night's meeting.
Council, at the March 3rd workshop meeting, instructed the
City Attorney to prepare the resolution.
g. The following quotations have been received to install a 6-foot
chain link fence at the American Legion Little League field:
Bidder
Quotation
Southern Fence
Boca Raton
$3,290.00
Overton Budget Fence
West Palm Beach
3,905.00
It is recommended that the contract be awarded to the low
bidder, Southern Fence in the amount of $3,290.00 by passage
of Resolution No. 29-80 with funding to come from budgeted
funds.
Further report with regard to this item will be made at the
meeting Monday night.
h. Resolution No. 30-80 authorizing the City's execution of an
agreement with Palm Beach County for the joint funding of
preliminary engineering drainage improvements for Swinton
Circle and vicinity has been prepared for Council consider-
ation at the meeting Monday night.
PREFACE 3-10-80
Page 2
8. i. Ordinance No. 12-80 amending Chapter 3 "Signs and Billboards"
of the Code of Ordinances relative to banners and flags 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 February 25th 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 inter-
ested parties may be heard.
j. Ordinance No. 14-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Monday
night. This ordinance, if passed, will amend Chapter 23A
"Subdivisions" of the Code of Ordinances providing for pay-
ments in lieu of the dedication of land for parks and
recreation. This ordinance was passed on First Reading at
the February 25th 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 inter-
ested parties may be heard.
k. Ordinance No. 15-80 amending Chapter 29 "Zoning" of the Code
of Ordinances relative to prohibiting veterinary clinics
from disposing of carcasses on-site 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 February 25th 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 inter-
ested parties may be heard.
1. Ordinance No. 16-80 has been prepared for Council consider-
ation on Second and FINAL Reading at the meeting Monday
night. This ordinance, if passed, will amend Chapter 14A
"Garbage and Trash" of the Code of Ordinances relative to
fees for use of the City's transfer station. This ordinance
was passed on First Reading at the February 25th 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 inter-
ested parties may be heard.
m. Ordinance No. 19-80, amending Chapter 29 "Zoning" of the Code
of Ordinances relative to off-street parking by requiring
marinas to provide one additional parking space for each boat
slip has been prepared for Council consideration on First
Reading at Monday night's meeting.
Council, at the March 3rd workshop meeting, directed the City
Attorney to prepare the ordinance.
9. a. The Planning & Zoning Board at a meeting held on February 26th,
recommended by unanimous vote that the final plat approval for
Rainberry Lake Phase I (Pines of Delray North No.3), located
on the west side of Congress Avenue between Lake Ida Road and
the L-30 Canal be approved, subject to the following:
1) City Engineer's memorandum of February 20th (copy attached).
2) Director of Public Utilities memorandum of February 8th
(copy attached).
3) Availability of water.
PREFACE 3-10-80
Page 3
9. b. The Planning & Zoning Board at a meeting held on February 19th,
recommended by unanimous vote that the conditional use, site
and development plan for Marlinespike Club, located south of
of S. E. 10th Street between U. S. No.1 and the Intracoastal
Waterway, be approved, subject to the following:
1) City Engineer's memorandum of January 21st.
2) Director of Public Utilities memorandum of January 9th.
3) Availability of water.
4) That a unity of Title be filed tying the water area and
boat docks to the land area.
5) That one condominium association be established which
controls the dwelling units and boat docks.
6) That no commercial boats of any type be operated from
this development.
7) That no live-aboards of any type be allowed to reside
on the boats.
8) That the condominium documents be submitted which in-
corporate the limitations of items 4, 5, 6 and 7 above,
for the City Attorney's review prior to the issuance
of any building permits.
9) A time limitation of 18 months be set for development
of the project.
This was discussed at the March 3rd workshop meeting.
PREFACE 3-10-80
Page 4