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06-24-80 Regular CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING June 24, 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 June 10, 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 appointment to the Delray Beach Housing Authority. c. Consider appointments to the Downtown Development Authority. d. Consider authorizing Parks & Recreation use of a confiscated vehicle. e. Consider authorizing execution of agreement between the City and Nondieu St. Nelus. f. Consider acceptance of offer of settlement in the Gittens case. g. Consider authorizing advertising surplus property for sale or trade. h. Consider authorizing donating palm trees from City Nursery for residents' use. 7. Petitions and Communications: a. Consider reply to the Area planning Board relative to the South Central Regional Wastewater Treatment and Disposal Board, South Central Palm Beach County 201 Facilities Plan Addendum. 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 49-80 accepting as oper- ational the sanitary sewers and water utilities in Delray Oaks. b. Consider adoption of Resolution No. 50-80 accepting as oper- ational streets and storm drains in Delray Oaks. c. Consider adoption of Resolution No. 51-80 to construct side- walks in the northwest section of the City. d. Consider adoption of Resolution No. 52-80 supporting the ap- plication by the Hospice Boca Raton, Inc. e. Consider adoption of Resolution No. 53-80 supporting the Roots Cultural Festival, Inc. f. First Reading of Ordinance No. 29-80 relative to trade shops. g. First Reading of Ordinance No. 31-80 relative to annexation -- South side of Atlantic Avenue, between Congress Avenue and the Seaboard Airlines Railroad (Arthur Malernee, applicant). h. First Reading of Ordinance No. 32-80 relative to annexation North of Atlantic Avenue, between Barwick Road and Almar Boulevard if extended south (Emma P. McMurray, applicant). 8. i. First Reading of Ordinance No. 33-80 relative to water meter deposits. 9. Reports: a. Report from the Planning & Zoning Board relative to easement abandonment -- High Point (Section VII) . b. Report from the Planning & Zoning Board relative to park and recreation land requirement -- Isles of Delray. c. Report from the Planning & Zoning Board relative to final plat approval -- Rainberry Lake (Phase IIIB). d. Report from the Planning & Zoning Board relative to final plat approval -- Rainberry Bay (Section VI) . e. Report from the Planning & Zoning Board relative to final plat approval -- Rainberry Bay (Section VII). AGENDA 6-24-80 Page 2 PRE F ACE 6. b. As was discussed at the workshop meeting on June 17th, Council is to give consideration at the meeting Tuesday night to the reappointment of Michael C. Brody as a member of the Delray Beach Housing Authority to a four-year term ending July 14, 1984. c. As was discussed at the June 17th workshop meeting, Council is to give consideration at Tuesday night's meeting to the reappointments of Lonnie Cook and Lynn Taylor as members of the Downtown Development Authority to three-year terms ending July 1, 1983. d. It is recommended that Council authorize Parks & Recreation use of a 1976 Chevrolet station wagon confiscated in a drug arrest. e. It is recommended that Council authorize execution of an agree- ment between the City and Nondieu St. Nelus for reimbursement to the City in the amount of $1,042.53 for damage to City property. A copy of the agreement is enclosed. f. Consideration should be given at Tuesday night's meeting to accepting an offer of settlement in the Herbert A. Gittens vs. City of Delray Beach case. Council, at the May 20th meeting, deferred this matter to Tuesday night's meeting to allow the City Attorney's office to resolve the liability in terms of the insurance coverage. g. It is recommended that Council authorize advertising for sale or trade 20 military 30 caliber carbine rifles. h. It is recommended that Council approve the donating of palm trees from the City Nursery for use by City residents as set forth in Parks & Recreation Department memorandums dated June 18th and June 19, 1980 (copies enclosed). 7. a. A communication has been received from the Area Planning Board dated June 17th requesting A-95 Clearinghouse review and com- ment relative to the South Central Regional Wastewater Treat- ment and Disposal Board, South Central Palm Beach County 201 Facilities Plan Addendum. This project will not result in any adverse effects to the local natural, social or economic environment and there is no duplication of ongoing projects or programs. Copies of all material relative to the application are en- closed. 8. a. It is recommended that the sanitary sewers and water utilities installed in Delray Oaks be accepted as operational by adoption of Resolution No. 49-80. b. It is recommended that the streets and storm drains installed in Delray Oaks be accepted as operational by adoption of Reso- lution No. 50-80. c. A bid has been received from Campbell Construction Company (the only bid submitted) to construct sidewalks in the north- west section of the City for $51,612.00 with funds to come from the Palm Beach County Capital Improvements Community Development Program. Approval is recommended by adoption of Resolution No. 51-80. d. Resolution No. 52-80 supporting the application by the Hospice Boca Raton, Inc. to the Palm Beach County Health Planning Council to allow them to operate a hospice to serve south Palm 8. d. Beach County has been prepared for Council consideration at the meeting Tuesday night. This was discussed at the workshop meeting on June 17th. e. ResolutionNo. 53-80 supporting the Roots Cultural Festival, Inc., July 30th through August 9th has been prepared for Council consideration at the meeting Tuesday night. f. Ordinance No. 29-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to trade shops has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the May 26th meeting, referred this matter to workshop. It was considered at the June 17th workshop meeting. g. Ordinance No. 31-80 relative to annexing a parcel of land located on the south side of Atlantic Avenue between Congress Avenue and the Seaboard Airlines Railroad, subject to MI (Medium Industrial) has been prepared for Council consider- ation on First Reading at Tuesday night's meeting. This property is presently zoned in the County as GC (General Commercial). Council, at the May 13th meeting, requested permission from the Palm Beach County Board of Commissioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on July 22nd. h. Ordinance No. 32-80 relative to annexing a parcel of land located north of Atlantic Avenue, between Barwick Road and Almar Boulevard if extended south, subject to R-lAAA (Single Family Dwelling) District has been prepared for Council con- sideration on First Reading at the meeting Tuesday night. This property is presently zoned in the County as AG (Agricul tural) . Council, at the April 14th meeting, requested permission from the Palm Beach County Board of Commissioners to rezone the land to be annexed. Second and FINAL Reading and public hearing will be held at the meeting on July 22nd. i. Ordinance No. 33-80, amending Chapter 29, "Water and Sewers" of the Code of Ordinances relative to water meter deposits has been prepared for Council consideration on First Reading at Tuesday night's meeting. This was discussed at the workshop meeting on June 17th. 9. a. The Planning & Zoning Board at a meeting held on June 16th, recommended by unanimous vote that the road and ditch ease- ments at High Point, Section VII, located south of the L-32 Canal, between Military Trail and Barwick Road be abandoned. b. The Planning & Zoning Board at a meeting held on May 27th, recommended by unanimous vote that in lieu of dedicating land for park and recreation purposes, Isles of Delray pay to the City a sum of money equal to the average appraised value per acre ($15,000 per acre) times 1.79 acres of re- quired park and recreation land, for a total sum of $26,850. This was discussed at the workshop meeting on June 3rd and was on the June 10th regular meeting agenda; at which time it was deferred at the applicant's request. PREFACE 6-24-80 Page 2 9. c. The Planning & Zoning Board at a meeting held on May 27th, recommended by unanimous vote that the final plat approval for Rainberry Lake (Phase IIIB), 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 May 23rd (copy attached). 2) Director of Public utilities memorandum of May 21st (copy attached). 3) Availability of water. d. The Planning & Zoning Board at a meeting held on April 15th, recommended by unanimous vote that the final plat approval 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 26th (copy attached). 2) Director of Public Utilities memorandum of March 11th (copy attached) . 3) Availability of water. e. The Planning & Zoning Board at a meeting held on March 18th, recommended by unanimous vote that the final plat approval for Rainberry Bay (Section VII), 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. PREFACE 6-24-80 Page 3