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04-28-80 Regular ;'iK CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING April 28, 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 special meetings of April 8, 1980 and April 14, 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. Consider waiving greens fees in hosking the Palm Beach County Men's Golf Association on May 14, 1980. c. Consider special report from the Financial Advisory Board. d. Consider appointments to the Civil Service Board. e. Consider appointment to the Police and Fire Pension Board. f. Consider waiving Board of Adjustment filing fee relative to five applications. g. Consider waiving Board of Adjustment filing fee relative to screened enclosures erected without building permits. h. Consider authorizing proceeding under competitive negotiations act for engineering services for utility facilities. i. Consider authorizing Russell & Axon to complete the engineer- ing services required for proposed water main installation on S. W. 10th Street. j. Consider authorizing purchase of commercial garbage containers. 7. Petitions and Communications: a. Consider request for solicitation of funds -- Veterans of Foreign wa~s. b. Acknowledge minutes of Beautification Committee meeting of April 2, 1980. 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 40-80 providing for assess- ment of nuisance abatement costs. b. Consider adoption of Resolution No. 41-80 accepting as opera- tional the sanitary sewers and water utilities in Banyan Tree Village. c. Second and FINAL Reading of Ordinance No. 17-80 amending the Water and Sanitary Sewerage ordinance relative to user charge and industrial cost recovery system. d. Second and FINAL Reading of Ordinance No. 18-80 amending the Water and Sanitary Sewerage ordinance relative to sanitary and storm sewers. 8. e. Second and FINAL Reading of Ordinance No. 20-80 relative to annexation 1875 Lake Drive (Lee E. Minter, applicant). f. First Reading of Ordinance No. 22-80 relative to annexation 3285 West Atlantic Avenue (Chevron U.S.A., Inc., applicant). 9. Reports: a. Report from the Planning & Zoning Board relative to site and development plan approval -- Palms of Delray (Tract B) . b. Report from the use approval Shelter) . Planning & Zoning Board relative to conditional South County Mental Health Center (Crisis c. Report from the Planning & Zoning Board relative to final plat approval -- Estates III Subdivision (Hamlet - Phase XII) d. Report from the Planning & Zoning Board relative to conditional use approval -- South Palm Professional Plaza. e. Report from the Planning & Zoning Board relative to final plat approval -- Shoppes of Rainberry. f. Report from the Planning & Zoning Board relative to annex- ation request -- South side of Atlantic Avenue between Congress Avenue and the Seaboard Airlines Railroad (Arthur Malernee, applicant). g. Report from the Planning & Zoning Board relative to annex- ation request East side of Federal Highway between Linton Boulevard and S. E. 10th Street (Robert Chapin, applicant). h. Report relative to County Rezoning and Special Exception Petition 80-84 -- Southwest corner of the intersection of Conklin Drive and Military Trail. AGENDA 4-28-80 Page 2 PRE F ACE 6. b. It is recommended that Council waive the greens fees for the hosting of the Palm Beach County Men's Golf Association on May 14, 1980. c. Council decided at its April 21st workshop meeting to ask the Financial Advisory Board to make a special report at the regular Council meeting Monday night. d. As was discussed at workshop on April 21st, Council is to give consideration Monday night to appointing alternate member Mort Rowe to the Civil Service Board to fill out the unexpired term of regular member Thomas Dennis who recently resigned. The term expires April 1, 1983. Council may also consider appointing an alternate member to the Civil Service Board to replace Mr. Rowe if it is ready to do so. e. As was discussed at workshop on April 21st, Council is to give consideration at Monday night's meeting to appointing a replacement for Ted Cumming, who recently resigned as a member of the Police and Fire Pension Board. The term of service would be for three years until April 22, 1983. f. As discussed at the workshop meeting on April 21st, Council is to give consideration at the meeting Monday night to waiving the Board of Adjustment filing fee in the instance of applications for screened enclosures at the five follow- ing locations: 4761 N. W. 6th Street 4762 N. W. 6th Court 581 N. W. 47th Avenue 591 N. W. 47th Avenue 4874 N. W. 5th Street g. As was decided at workshop on April 21st, Council is to give consideration at Monday night's meeting to waiving the Board of Adjustment filing fee in the instance of several screened enclosures being erected without building permits. h. It is recommended that Council authorize proceeding under the competitive negotiations act for obtaining engineering serv- ices for a one-million gallon water storage tank, pump station and approximately 8,800 feet of water line. i. Inasmuch as Russell & Axon did about one-third of the required engineering in conjunction with the proposed 24-inch water main on S. W. 10th Street, it is recommended that Russell & Axon be authorized to complete the engineering. j. The following quotations have been received to sell the City 111 commercial garbage containers for the Public Works De- partment. These containers are necessary for operation in the franchise area for which the City will be responsible beginning July 1, 1980. Bidder 2 Cu Yd 3 Cu Yd 4 Cu Yd 6 Cu Yd 8 Cu Yd Total AMCO $6,952 $15,582 $6,185 $433.25 $982.50 $30,134.75 Miami MTA Equip- 7,008 15,624 6,360 420.00 960.00 30,372.00 ment Corp Amelia Island It is recommended that the award be made to the low bidder, AMCO, in the amount of $30,134.75. Due to the heavy repair 6. j. expense on existing containers and purchase of containers to date, there is a balance of approximately $22,000 in the current budget for the Garbage Department. It is recommended that $8,000 be transferred from the General Fund Contingency Account. 7. a. A communication has been received from Veterans of Foreign Wars, Post 4141 O'Neal Priest requesting permission to solicit funds from May 1st through May 3, 1980, approval of which is recommended by the Solicitations Committee. b. The Mayor should acknowledge minutes of the Beautification Committee meeting held on April 2, 1980. 8. a. Resolution No. 40-80 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 13 of the City's Code of Ordinances, adoption of Resolution No. 40-80 is recommended. b. It is recommended that the sanitary sewers and water utilities installed in Banyan Tree Village be accepted as operational by adoption of Resolution No. 41-80. c. 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' Second and FINAL Reading at the meeting Monday night. This ordinance was passed on First Reading at the April 14th 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. d. Ordinance No. 18-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Monday night. This ordinance, if passed, will amend Chapter 29 "Water and Sanitary Sewerage" of the Code of Ordinances establishing the requirements and procedures to regulate the use of sanitary and storm sewers. This ordinance was passed on First Reading at the April 14th 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. e. Ordinance No. 20-80 relative to annexing a parcel of land located at 1875 Lake Drive, subject to R-1AA (Single Family Dwelling) District has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Monday night. This ordinance was passed on First Reading at the March 31st 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. 22-80 relative to annexing a parcel of land located at 3285 West Atlantic Avenue, subject to LI (Light PREFACE 4-28-80 Page 2 8. f. Industrial) has been prepared for Council consideration on First Reading at Monday night's meeting. This property is presently zoned in the County as CG (General Commercial) . Second and FINAL Reading and public hearing will be held at the meeting on May 27th. 9. a. The Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the site and development plan for Palms of Delray (Tract B), located east of Jaeger Drive, between Dotterel Road and Curlew Drive be approved, subject to the following: 1) City Engineer's memorandum of March 24th. 2) Director of Public Utilities memorandum of March 14th. 3) That a Unity of Title be filed tying Tract "A" to Tract liB". 4) Availability of water. 5) A time limitation of one year be set for development of the project. 6) That a six foot solid masonry wall be erected on the west and south sides of the property. This item was considered at the workshop meeting on April 21st. b. The Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the conditional use to allow a board and care home for South County Mental Health Center (Crisis Shelter), located on the east side of N. E. 5th Avenue between N. E. 2nd Street and N. E. 3rd Street, 265 N. E. 5th Avenue be approved, subject to the following: 1) Director of Public Utilities memorandum of March 14th (copy attached). 2) Availability of water. 3) A time limitation of one year be set for development of the project. Council may take action on the recommendation of the Planning & Zoning Board or refer to workshop. c. The Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the final plat for Estates III Subdivision (Hamlet - Phase XII) be approved, subject to the following: 1) City Engineer's memorandum of April 14th (copy attached). 2) Director of Public utilities memorandum of April 4th (copy attached). 3) That the sidewalk requirement be waived on both sides of the street. 4) That the dead-end street be approved at a length greater than 1,000 feet. 5) Availability of water. d. The Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the conditional use to allow a professional office plaza (South Palm Professional Plaza), located on the east side of U. S. No.1 between Avenue "H" and Avenue "J" be approved, subject to the follow- ing: 1) City Engineer's memorandum of April 14th (copy attached). 2) Director of Public Utilities memorandum of March 14th (copy attached). 3) Availability of water. 4) A time limitation of one year be set for development of the project. PREFACE 4-28-80 Page 3 8. e. Second and FINAL Reading of Ordinance No. 20-80 relative to annexation 1875 Lake Drive (Lee E. Minter, applicant). f. First Reading of Ordinance No. 22-80 relative to annexation 3285 West Atlantic Avenue (Chevron U.S.A., Inc., applicant). 9. Reports: a. Report from the Planning & Zoning Board relative to site and development plan approval -- Palms of Delray (Tract B) . b. Report from the use approval Shelter) . Planning & Zoning Board relative to conditional South County Mental Health Center (Crisis c. Report from the Planning & Zoning Board relative to final plat approval -- Estates III Subdivision (Hamlet - Phase XII) . d. Report from the Planning & Zoning Board relative to conditional use approval -- South Palm Professional Plaza. e. Report from the Planning & Zoning Board relative to final plat approval -- Shoppes of Rainberry. f. Report from the planning & Zoning Board relative to annex- ation request -- South side of Atlantic Avenue between Congress Avenue and the Seaboard Airlines Railroad (Arthur Malernee, applicant). g. Report from the Planning & Zoning Board relative to annex- ation request East side of Federal Highway between Linton Boulevard and S. E. 10th Street (Robert Chapin, applicant). h. Report relative to County Rezoning and Special Exception Petition 80-84 -- Southwest corner of the intersection of Conklin Drive and Military Trail. AGENDA 4-28-80 Page 2 8. f. Industrial) has been prepared for Council consideration on First Reading at Monday night's meeting. This property is presently zoned in the County as CG (General Commercial) . Second and FINAL Reading and public hearing will be held at the meeting on May 27th. 9. a. The Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the site and development plan for Palms of Delray (Tract B), located east of Jaeger Drive, between Dotterel Road and Curlew Drive be approved, subject to the following: 1) City Engineer's memorandum of March 24th. 2) Director of Public utilities memorandum of March 14th. 3) That a Unity of Title be filed tying Tract "A" to Tract IIBII. 4) Availability of water. 5) A time limitation of one year be set for development of the project. 6) That a six foot solid masonry wall be erected on the west and south sides of the property. This item was considered at the workshop meeting on April 21st. b. The Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the conditional use to allow a board and care home for South County Mental Health Center (Crisis Shelter), located on the east side of N. E. 5th Avenue between N. E. 2nd Street and N. E. 3rd Street, 265 N. E. 5th Avenue be approved, subject to the following: 1) Director of Public utilities memorandum of March 14th (copy attached). 2) Availability of water. 3) A time limitation of one year be set for development of the project. Council may take action on the recommendation of the Planning & Zoning Board or refer to workshop. c. The Planning & zoning Board at a meeting held on April 15th, recommended by unanimous vote that the final plat for Estates III Subdivision (Hamlet - Phase XII) be approved, subject to the following: 1) City Engineer's memorandum of April 14th (copy attached). 2) Director of Public utilities memorandum of April 4th (copy attached). 3) That the sidewalk requirement be waived on both sides of the street. 4) That the dead-end street be approved at a length greater than 1,000 feet. 5) Availability of water. d. The Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the conditional use to allow a professional office plaza (South Palm Professional Plaza), located on the east side of u. S. No.1 between Avenue "H" and Avenue "J" be approved, subject to the follow- ing: 1) City Engineer's memorandum of April 14th (copy attached). 2) Director of Public Utilities memorandum of March 14th (copy attached). 3) Availability of water. 4) A time limitation of one year be set for development of the project. PREFACE 4-28-80 Page 3 9. d. Council may take action on the recommendation of the Plan- ning & Zoning Board or refer to workshop. e. The Planning & Zoning Board at a meeting held on April 16th, recommended by unanimous vote that the final plat approval for Shoppes of Rainberry, located at the southeast corner of Lake Ida Road and Congress Avenue be approved, subject to the following: 1) City Engineer's memorandum of April 14th (copy attached). 2) Director of Public utilities memorandum of March 18th (copy attached) 3) Availability of water. f. An application has been received from Arthur Malernee to annex a .32-acre parcel of land, subject to MI (Medium Industrial) District. The subject property is in Section 18-46-43 and is located on the south side of Atlantic Avenue, between Congress Avenue and the Seaboard Airlines Railroad. The Planning & Zoning Board at a meeting held on April 22nd, recommended by unanimous vote that the property be annexed as MI, which is in conformance with the City's Land Use Plan. This property is presently zoned in the County as CG (General Commercial). It is recommended that the City Attorney be instructed to prepare the ordinance effecting the annexation. g. An application has been received from Robert Chapin to annex a 1.69-acre parcel of land, subject to RM-15 (Multiple Family Dwelling) District. The subject property is in Section 21-46-43 and is located on the east side of Federal Highway between Linton Boulevard and S. E. 10th Street. The Planning & Zoning Board at a meeting held on April 22nd, recommended by unanimous vote that the property be annexed as RM-15, which is in conformance with the City's Land Use Plan. This property is presently zoned in the County as CG (General Commercial). It is recommended that the City Attorney be instructed to prepare the ordinance effecting the annexation. h. A petition from Michael Tartza for County rezoning and special exception to allow a funeral home will be considered on May 15th before the County Planning Commission and on May 29th before the Palm Beach County Board of Commissioners. The subject property is located at the southwest corner of the intersection of Conklin Drive and Military Trail. This request is in violation of the City's Land Use Plan which designates this area for single family 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 enclosed. PREFACE 4-28-80 Page 4