04-14-80 Special
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100 N. W.1ST AVENUE (30S) 278.2841
DELRAY 8EACH, FLORIDA 33444
J. ELDON r.1ARIOTT
CITY MANAGER
LEON M WEEKES, MAYOR
JAMES H, SCHEIFLEY. VICE-MAYDA
MALCOLM T. BIRD, COUNCIL MEMBiR
CHARLOTTE.a. DURANTE, COUNCil MEMBER
WILLARD V, YOUNG, COUNCIL MEMBER
SPECIAL MEETING
OF
DELRAY BEACH CITY COUNCIL
Pursuant to Section 3.07 of the City Charter of the City
of Delray Beach, Florida, Mayor Leon M. Weekes instructed me to
advise you of a Special Meeting of Council to be held in the Council
Chambers at 7:00 P.M., Monday, April 14, 1980, to consider and take
action on the items appearing on the attached agenda.
~~~
City Clerk
Enclosures
AN EQUAL. EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER
CITY OF DELRAY BEACH
Delray Beach Florida
SPECIAL COUNCIL MEETING
April 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 March 24, 1980 and
special meetings of March 21, 1980 and March 31, 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.
(Not applicable - Special Meeting).
b. City Service Award -- Ralph J. Dye.
c. Consider designating Council meeting dates during April, 1980.
d. Consider approval of Developers Utility Service Agreement -_
Federal Plaza, Ltd.
e. Consider authorizing execution of interlocal agreement be-
tween the Cities of Delray Beach, Boca Raton and Boynton
Beach.
f. Consider authorizing purchase of two well sites and required
right-of-way.
7. Petitions and Communications:
a. Consider request for solicitation of funds -- Delray Beach
National Little League, Inc.
8. Resolutions and Ordinances:
a. Consider adoption of Resolution No. 33-80 providing for assess-
ment of nuisance abatement costs.
b. Consider adoption of Resolution No. 34-80 providing for assess-
ment of nuisance abatement costs.
c. Consider adoption of Resolution No. 35-80 requesting permission
from the Palm Beach County Board of Commissioners to rezone
land -- North of Atlantic Avenue, between Barwick Road and
Almar Boulevard if extended south (Dick T. McMurray, applicant).
d. Consider adoption of Resolution No. 36-80 requesting permission
from the Palm Beach County Board of Commissioners to rezone
land -- North of Atlantic Avenue, between Barwick Road and
Almar Boulevard if extended south (Emma P. McMurray, applicant)
e. Consider adoption of Resolution No. 37-80 accepting as oper-
ational streets and storm drains in Abbey Delray, Phase II.
f. Consider adoption of Resolution No. 38-80 accepting as oper-
ational the sanitary sewers and water utilities installed in
Abbey Delray, Phase II.
g. First Reading of Ordinance No. 17-80 amending the Water and
Sanitary Sewerage ordinance relative to user charge and
industrial cost recovery system.
8. h. First Reading of Ordinance No. 18-80 amending the Water and
Sanitary Sewerage ordinance relative to sanitary and storm
sewers.
i. First Reading of Ordinance No. 21-80 amending the Garbage and
Trash ordinance relative to garbage and trash collection in
Country Manors, Sections 1 through 4.
9. Reports:
a. Report relative to County Special Exception Petition 80-69 --
Northeast corner of U. S. No.1 and Avenue H.
b. Report from the Planning & Zoning Board relative to final plat
approval -- Delray Beach Landings.
c. Report from the Planning & Zoning Board relative to compre-
hensive City rezoning.
d. Report from the Planning & Zoning Board relative to site and
development plan approval -- 222 Building.
e. Report from the Planning & Zoning Board relative to site and
development plan approval -- Rainberry Bay (Section VI) .
AGENDA 4-14-80
Page 2
PRE F ACE
6. c. It is recommended that Council designate April 28th (a change
from the 29th) as the remaining regular Council meeting date
in April, 1980.
d. It is recommended that Council approve the execution of a
Developers Utility Service Agreement with W. G. Lassiter, Jr.
for the providing of water and sewer service to Phase I,
Federal Plaza, Ltd., located at the northwest corner of West
Atlantic Avenue and Military Trail. A check in the amount
of $6,000 has been deposited in the Development Fund to
cover six acres ($375 per acre for water and $625 per acre
for sewer).
Council approved providing water service to this property on
March 24th.
e. It is recommended that Council authorize execution of an
interlocal agreement between the Cities of Delray Beach, Boca
Raton and Boynton Beach concerning the acquisition and oper-
ation of a South Palm Beach County Mobile Crime Prevention
trailer which will be shared among the three Cities and
manned by two Delray Beach patrolmen when assigned to Delray
Beach.
Application for a Federal Law Enforcement Assistance Adminis-
tration (LEAA) Grant to fund the majority of this project has
been approved. The City's total amount of matching money for
the entire project is $133.
A copy of the agreement is enclosed.
f. It is recommended that Council authorize purchase of two well
sites and right-of-way from Florida Power & Light on S. W.
lOth Street in the rear of the FP&L transfer station.
Council authorized Russell & Axon, at the April 24, 1978
meeting, to proceed with the engineering, preparation of plans,
specifications and construction.documents for four water
supply wells.
Funding is to come from the Water and Sewer Revenue Bond
issue.
7. a. A communication has been received from the Delray Beach
National Little League, Inc., requesting permission to solicit
funds on April 18th through April 20, 1980, approval of which
is recommended by the Solicitations Committee.
8. a. Resolution No. 33-80 provides for assessment of cost incurred
by the City in abating a previously determined nuisance a-
gainst certain property, the owner 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. 33-80 is
recommended.
b. Resolution No. 34-80 provides for assessment of cost incurred
by the City in abating a previously determined nuisance a-
gainst certain property, the owner 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. 34-80 is
recommended.
8. c. Resolution No. 35-80 requesting permission from the Palm Beach
County Board of Commissioners to rezone land to be annexed
from AG (Agricultural) (County) to R-1AA (Single Family Dwell-
ing) (City), located north of Atlantic Avenue, between Barwick
Road and Almar Boulevard if extended south has been prepared
for Council consideration at the meeting Monday night.
The Planning & Zoning Board at a meeting held on March 25th,
recommended by unanimous vote that the property be annexed
as R-1AA, which is what the City's Land Use Plan designates
for this area.
d. Resolution No. 36-80 requesting permission from the Palm Beach
County Board of Commissioners to rezone land to be annexed
from AG (Agricultural) (County) to R-1AA (Single Family Dwell-
ing) (City), located north of Atlantic Avenue, between Barwick
Road and Almar Boulevard if extended south has been prepared
for Council consideration at the meeting Monday night.
The Planning & Zoning Board at a meeting held on March 25th,
recommended by unanimous vote that the property be annexed
as R-1AA, which is what the City's Land Use Plan designates
for this area.
e. It is recommended that streets and storm drains installed in
Abbey Delray, Phase II be accepted as operational by adoption
of Resolution No. 37-80.
f. It is recommended that sanitary sewers and water utilities in-
stalled in Abbey Delray, Phase II be accepted as operational
by adoption of Resolution No. 38-80.
g. Ordinance No. 17-80 amending Chapter 29 "Water and Sanitary
Sewerage" of the Code of Ordinances establishing a user
charge and industrial cost recovery system for the use of
certain sewers has been prepared for Council consideration
on First Reading at Monday night's meeting.
This item was tabled at the February 25th Council meeting.
h. Ordinance No. 18-80 amending Chapter 29 "Water and Sanitary
Sewerage" of the Code of Ordinances establishing the require-
ments and procedures to regulate the use of sanitary and
storm sewers has been prepared for Council consideration on
First Reading at the meeting Monday night.
Council tabled this item at the February 25th meeting.
i. Ordinance No. 21-80 amending Chapter l4A "Garbage and Trash"
of the Code of Ordinances granting permission for Country
Manors, Sections 1 through 4 to contract with a private
contractor for the providing of garbage and trash collection
has been prepared for Council consideration on First Reading
at the meeting Monday night.
9. a. A petition from James K. Abbott, Nick Dan and Helen Dan for
a special exception to allow a commercial automobile rental
facility and lot will be considered on April 24th before
the Board of County Commissioners. The subject property is
located at the northeast corner of U. S. No.1 and Avenue H.
This request is in violation of the City's Land Use Plan
which designates this area for multiple family (10 units/
acre) development.
It is recommended that Council indicate its wishes so response
can be made to the County.
A sketch showing the location of the subject property is en-
closed.
PREFACE 4-14-80
Page 2
9. b. The Planning & Zoning Board at a meeting held on March 25th,
recommended by unanimous vote that the final plat approval
for Delray Beach Landings, located at the southwest corner
of N. E. 8th Street and Andrews Avenue be approved, subject
to the following:
1) City Engineer's memorandum of March 24th (copy attached).
2) Director of Public Utilities memorandum of March 14th
(copy attached).
3) Availability of water.
c. The Planning & Zoning Board at a meeting held on March 18th,
recommended by unanimous vote that the parcels of land listed
below be rezoned to bring their zoning into conformance with
the City's Land Use Plan.
1) That Parcel 1 be rezoned from PRD-10 to PRD-7.
2) That Parcel 5 be rezoned from PRD-10 to RM-10.
3) That Parcel 6 be rezoned from PRD-10 to RM-6.
4) That Parcel 7 be rezoned from PRD-10 to RM-10.
5) That Parcel 8 be rezoned from RM-15 to R-1AA.
6) That Parcel 9 be rezoned from PRD-7 to R-1AA.
7) That Parcel 10 be rezoned from PRD-7 to RM-6.
8) That Parcel 11 be rezoned from RM-6 to R-1A.
9) That Parcel 12 be rezoned from R-1AA to RM-10.
A map showing the location of these parcels is in the Plan-
ning Department.
d. The Planning & Zoning Board at a meeting held on March 18th,
recommended by unanimous vote that the site and development
plan for the 222 Building, located south of Vista Del Mar,
between Andrews Avenue and AlA be approved, subject to the
following:
1) City Engineer's memorandum of February 25th (copy at-
tached) .
2) Director of Public Utilities memorandum of February 13th
(copy attached).
3) City Landscape Architect's memorandum of March 4th
(copy attached).
4) Availability of water.
5) A time limitation of one year be set for development
of the project.
Since there was no controversy at the Planning & Zoning Board
meeting at which approval of this site plan was recommended
and even though there has not been an opportunity to consider
the site plan at workshop as is normally done in the case of
additional dwelling units prior to presentation for Council
approval, this item is put on the agenda for consideration
Monday night. Council may consider approval or refer to
workshop.
e. The Planning & Zoning Board at a meeting held on March 18th,
recommended by unanimous vote that the site and development
plan for Rainberry Bay (Section VI), located at the northwest
corner of Lake Ida Road and Davis Road be approved, subject
to the following:
1) City Engineer's memorandum of March 18th (copy attached).
2) Director of Public Utilities memorandum of March 10th
(copy attached).
3) Availability of water.
4) A time limitation of 18 months be set for development of
the project.
PREFACE 4-14-80
Page 3
9 .
e.
Since there was no controversy at the Planning & Zoning Board
meeting at which approval of this site plan was recommended
and even though there has not been an opportunity to consider
the site plan at workshop as is normally done in the case of
additional dwelling units prior to presentation for Council
approval, this item is put on the agenda for consideration
Monday night. Council may consider approval or refer to
workshop.
PREFACE 4-14-80
Page 4