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).
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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.
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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.
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