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05-13-80 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING May 13, 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 April 28, 1980 and special meetings of April 21, 1980 and April 23, 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. City Service Awards -- Nancy Adams Peg Bowen Pat Canning Ted Cumming Thomas Dennis Al Elliott George Feeley Virginia Outcalt c. Consider appointments to the Financial Advisory Board. d. Consider awarding a contract for consulting service at the Delray Beach Country Club. e. Consider establishing summer rates at the Delray Beach Country Club. f. Consider award of a contract for construction of Island Drive Bridge. 7. Petitions and Communications: a. Consider reply to the Area Planning Board relative to Palm Beach County Office of Criminal Justice Planning, South Palm Beach County Mobile Crime Prevention Trailer. b. Consider reply to Area Planning Board relative to South County Mental Health Center, Inc., Adolescent Pregnancy Prevention & Services Project. c. Consider reply to Area Planning Board relative to U. S. De- partment of Housing and Urban Development, Delray Beach Heights Extension. d. Consider reply to Area Planning Board relative to State Grant Application for "701" Comprehensive Planning Assistance for FY 80-81. 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 41-80 accepting as oper- ational the sanitary sewers and water utilities in Banyan Tree Village. b. Consider adoption of Resolution No. 42-80 requesting per- mission from the Palm Beach County Board of Commissioners to 8. b. rezone land -- South side of Atlantic Avenue, between Congress Avenue and the Seaboard Airlines Railroad (Arthur Malernee, applicant). c. Consider adoption of Resolution No. 43-80 requesting per- mission from the Palm Beach County Board of Commissioners to rezone land -- East side of Federal Highway, between Linton Boulevard and S. E. 10th Street (JKL Development Corporation, Robert Chapin, applicant). d. Consider adoption of Resolution No. 44-80 authorizing the exchange of real property owned by the City with Sunshine Broadcasting Company, Inc., (WDBF) and holding public hear- ing. e. Second and FINAL 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. f. Second and FINAL Reading of Ordinance No. 23-80 amending the Water and Sewers ordinance relative to rates. g. First Reading of Ordinance No. 24-80 relative to newspaper vending machines. 9. Reports: a. Report from the Planning & Zoning Board relative to condi- tional use approval -- South County Mental Health Center (Crisis Shelter). AGENDA 5-13-80 Page 2 PRE F ACE 6. c. As discussed at the workshop meeting on May 6th, Council is to consider the appointments of Fredrick Blaser and Mary Alice Pignato Underwood as regular members of the Financial Advisory Board to two-year terms ending April 12, 1982. d. It is recommended that Council authorize execution of an agreement for consulting service at the Delray Beach Country Club with Brookside Farms Laboratory Association at a cost of $1200 a year to the City. As discussed by the City Manager at the May 6th workshop meeting, this consulting service would provide for the taking of soil samples from various locations on the golf course and irrigation water samples and analyzing same at various times throughout the year and additional consulting service. e. It is recommended that Council approve summer rates for the Delray Beach Country Club, effective May 6, 1980 as follows: Greens fees, 18 holes Carts, 18 holes $7.50 8.00 f. It is recommended that Council authorize the award of a contract to Webb General Contracting, Inc. for the con- struction of a bridge on Island Drive at a contract price of $86,200. It is further recommended that $27,000 be transferred from the General Fund Contingency Account to apply to this pro- ject cost. The balance of funding has already been provided. 7. a. A communication has been received from the Area Planning Board dated April 25th requesting A-95 Clearinghouse review and comment relative to Palm Beach County Office of Criminal Justice Planning, South Palm Beach County Mobile Crime Pre- vention Trailer. This grant will cover acquisition and operation of a trailer for law enforcement education of the public which will be shared among the Cities of Delray Beach, Boca Raton and Boynton Beach. Council, at the April 14th meeting, authorized execution of an interlocal agreement between the three Cities re acquisi- tion and operation of the trailer. Enclosed is a copy of a letter dated May 5th 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. b. A communication has been received from the Area Planning Board dated April 28th requesting A-95 Clearinghouse review and comment relative to South County Mental Health Center, Inc., Adolescent Pregnancy Prevention & Services Project. This facility will educate adolescents concerning prevention of adolescent pregnancy, provide day care to adolescent parents and offer parenting education to adolescent parents. Enclosed is a copy of a letter dated May 2nd from the City Manager to APB stating that the program will have no adverse 7. b. effects on the local natural, social or economic environ- ment and there is no duplication of funding between efforts of the proposed program and those of any related local pro- jects 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 April 25th requesting A-95 Clearinghouse review and comment relative to U. S. Department of Housing and Urban Development, Delray Beach Heights Extension. The Planning & Zoning Board, at a meeting held on April 22nd, approved the sketch plan for a proposed replat of a part of Delray Beach Heights Extension, subject to the City Engineer's memorandum of April 16th. Enclosed is a copy of a letter dated May 2nd from the City Manager to APB stating that the program will have no adverse effects on the local natural, social or economic environ- ment and there is no duplication of funding between efforts of the proposed program and those of any related local pro- jects 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. d. A communication has been received from the Area planning Board dated April 28th requesting A-95 Clearinghouse review and comment relative to Florida Department of Community Affairs State Grant Application for "701" Comprehensive Planning Assistance for FY 80-81. The Department of Community Affairs provides technical assistance and services to local govern- ments with these funds. Council, at the March 24th meeting, approved sending the standard letter to the APB. This application requests the same assistance; however, this shows the final figures. Enclosed is a copy of a letter dated May 2nd from the City Manager to APB stating that the program will have no adverse effects on the local natural, social or economic environ- ment and there is no duplication of funding between efforts of the proposed program and those of any related local pro- jects 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. It is recommended that the sanitary sewers and water utili- ties installed in Banyan Tree Village be accepted as oper- ational by adoption of Resolution No. 41-80. Council, at the April 28th meeting, skipped Resolution No. 41-80. The resolution has been corrected as the developer's name was misspelled and additional legal description was re- quested and included in the resolution. b. Resolution No. 42-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from GC (General Commercial) (County) to MI (Medium PREFACE 5-13-80 Page 2 8. b. Industrial) (City), located south side of Atlantic Avenue, between Congress Avenue and the Seaboard Airlines Railroad has been prepared for Council consideration at the meeting Tuesday night. Council, at the meeting on April 28th, directed the City At- torney to prepare the resolution. c. Resolution No. 43-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from GC (General Commercial) (County) to RM-15 (Multiple Family Dwelling) (City), located on the east side of Federal Highway, between Linton Boulevard and S. E. 10th Street has been prepared for Council consideration at the meeting Tuesday night. Council directed the City Attorney to prepare the resolution at the April 28th meeting. d. Resolution No. 44-80 has been prepared for Council consider- ation at the meeting Tuesday night. This resolution author- izes the exchange of real property owned by the City with Sunshine Broadcasting Company, Inc. (WDBF). Prior to adoption of Resolution No. 44-80, Council is to hold a public hearing on the exchange. Council, at the regular meeting on January 28th, authorized the administration to take the necessary steps to effect the land exchange. e. Ordinance No. 21-80 amending Chapter 14A "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 Second and FINAL Reading at Tuesday night's meeting. 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 Tuesday night's meeting, in order that any interested parties may be heard. f. Ordinance No. 23-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 29 "Water and Sewers" of the Code of Ordinances relative to rates. This ordinance was passed on First Reading at the April 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 Tuesday night's meeting in order that any interested parties may be heard. g. Ordinance No. 24-80 relative to newspaper vending machines has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the May 6th workshop meeting. 9. a. 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: PREFACE 5-13-80 Page 3 9. a. 1) Director of Public Utilities memorandum of March 14th. 2) Availability of water. 3) A time limitation of one year be set for development of the project. Council, at the April 28th meeting, referred this item to workshop. This was discussed at the workshop meeting on May 6th. PREFACE 5-13-80 Page 4