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07-22-80 Regular ~~ CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING July 22, 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 July 8, 1980 and special meetings of July 8, 1980 and July 15, 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 authorizing submitting to sale confiscated vessel, Randy VI. c. Consider appointment to the Civil Service Board. d. Consider authorizing a letter of intent in regard to Delray Hospital Corporation. e. Consider Capital Improvements. f. Consider authorizing the appraisal of real property in the beach area -- North Ocean Boulevard, just north of Thomas Street. g. Consider authorizing the exchange of 20 military, 30 caliber carbines. h. Consider authorizing execution of agreement between the City and Edmond and Regina Spence. 7. Petitions and Communications: a. Acknowledge minutes of Beautification Committee meeting of July 2, 1980. b. Request for permit to erect a tent within the City for the pur- pose of conducting a car sale from August 4th through August 11, 1980. --- 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 61-80, vacating and aban- doning an alley -- Lake View Heights, Unit 1. b. Consider adoption of Resolution No. 62-80 requesting assist- ance from the Palm Beach County Board of Commissioners relative to funding for maintenance of the City's municipal beach. c. Second and FINAL Reading of Ordinance No. 29-80 relative to trade shops. d. Second and FINAL 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. e. Second and FINAL Reading of Ordinance No. 34-80 relative to "Special Setback Provisions". f. Second and FINAL Reading of Ordinance No. 35-80 relative to accessory buildings. g. Second and FINAL Reading of Ordinance No. 36-80 relative to platting requirements for townhouse developments. h. Second and FINAL Reading of Ordinance No. 37-80 relative to assembly of mechanical parts. i. First Reading of Ordinance No. 38-80 relative to screened pool enclosures. j. First Reading of Ordinance No. 39-80 relative to annexation north of Atlantic Avenue between Barwick Road and Almar Boulevard if extended south (Dick T. McMurray, applicant). k. First Reading of Ordinance No. 40-80 relative to "Sale of Real Property". 1. First Reading of Ordinance No. 41-80 relative to annexation 201 Seacrest Lane (Stephen B. and Kathryn P. Potter, ap- plicants). m. First Reading of Ordinance No. 42-80 relative to exercise facility. n. First Reading of Ordinance No. 43-80 relative to professional office category. o. First Reading of Ordinance No. 44-80 relative to increasing permit fees. 9. Reports: a. Report from the Planning & Zoning Board relative to final plat approval -- Moore's Landing. b. Report from the Planning & Zoning Board relative to conditional use, site and development plan approval extension --Old Harbor Plaza. AGENDA 7-22-80 Page 2 PRE F ACE 6. b. It is recommended that Council authorize submitting to sale the vessel, Randy VI, confiscated in a drug arrest. c. As discussed at the July 15th workshop meeting, Council is to give consideration at the meeting Tuesday night to the appointment of an alternate member of the Civil Service Board to fill the unexpired term of Joseph Bell which ends July 1, 1983. d. As discussed at the workshop meeting on July 15th, Council is to consider at Tuesday night's meeting authorizing sending a letter of intent to the Delray Hospital Corporation indi- cating that the City intends to furnish water service to the property in the vicinity of the southwest corner of the inter- section of Linton Boulevard and Military Trail, located out- side the City. e. As decided at the July 15th workshop meeting, Council is to have further discussion relative to Capital Improvements at the meeting Tuesday night. f. As discussed at the July 15th workshop meeting, Council, at at Tuesday night's meeting is to consider authorizing obtain- ing an appraisal relative to property located on North Ocean Boulevard, just north of Thomas Street. g. Council is to consider authorizing the exchange of 20 military, 30 caliber carbines owned by the City for 30 Model 64 Smith and Wesson revolvers owned by Boca Gun Shop or for City Council to take such other action in the disposition of subject property as it deems appropriate after the conclusion of a public hearing in regard to this subject. Council, at the June 24th meeting, authorized advertising this surplus property for sale. h. It is recommended that Council authorize execution of an agree- ment between the City and Edmond and Regina Spence relative to issuing a temporary Certificate of -Occupancy pendingcomple- tion of alleyway improvements. This item was tabled at the July 8th meeting at the request of Mr. Spence. 7. a. The Mayor should acknowledge minutes of the Beautification Committee meeting held on July 2, 1980. b. A request has been received from Sherwood Pontiac - GMC Truck, Inc. for a permit to erect a 40' x 75' canopy tent at the front of the property located at 2400 South Federal Highway for the purpose of conducting a car sale during the period from August 4th through August 11, 1980. A certificate stating that the tent has been flame retardant treated has been received. Approval is recommended. 8. a. Resolution No. 61-80 vacating and abandoning a 16 foot alley, Lakeview Heights, Unit 1, located on the west side of Swinton Avenue, between N. W. 6th Street and N. W. 7th Street, 608 North Swinton Avenue, has been prepared for Council consider- ation at the meeting Tuesday night. The Planning & Zoning Board at a meeting held on July 14th, recommended by unanimous vote that the alley be abandoned. 8. b. Resolution No. 62-80 requesting assistance from the Palm Beach County Board of Commissioners in providing funding for the maintenance of the City's municipal beach has been pre- pared for Council consideration at the meeting Tuesday night. Council, at the workshop meeting on July 1st instructed the City Attorney to prepare the resolution. c. Ordinance No. 29-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to trade shops has been pre- pared for Council consideration on Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the June 24th meeting and discussed at the July 15th workshop 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. d. 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-1AA (Single Family Dwelling) District has been prepared for Council con- side~ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the June 24th 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. e. Ordinance No. 34-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to "Special Set- back Provisions". This ordinance was passed on First Read- ing at the July 8th 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. 35-80 amending Chapter 30 "Zoning" of the Code of Ordinances relative to accessory buildings has been pre- pared for Council consideration on Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the July 8th 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. 36-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 30 "Zoning" of the Code of Ordinances relative to platting re- quirements for townhouse developments. This ordinance was passed on First Reading at the July 8th 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. h. Ordinance No. 37-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to assembly of mechanical parts has PREFACE 7-22-80 Page 2 8. h. been prepared for Council consideration on Second and FINAL Reading at Tuesday night's meeting. This ordinance was passed on First Reading at the July 8th 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. i. Ordinance No. 38-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to screened pool enclosures has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the workshop meeting on April 21st, instructed the City Attorney to prepare the ordinance. j. Ordinance No. 39-80 relative to annexing a parcel of land located north of Atlantic Avenue, between Barwick Road and Almar Boulevard if extended south, subject to R-1AA (Single Family Dwelling) District has been prepared for Council con- sideration on First Reading at Tuesday night's meeting. This property is presently zoned in the County as AG (Agricultural) . 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 August 26th. k. Ordinance No. 40-80, amending Chapter 2 "Administration" of the Code of Ordinances relative to "Sale of Real Property" has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the July 8th meeting, instructed the City At- torney to prepare the ordinance amendment. 1. Ordinance No. 41-80 relative to annexing a parcel of land located at the northeast corner of Seacrest Boulevard and Seacrest Lane, 201 Seacrest Lane, subject to R-1AA (Single Family Dwelling) District has been prepared for Council con- sideration on First Reading at Tuesday night's meeting. Since this annexation request is in conformance with the City's Land Use Plan and the County zoning which is RS (Residential Single Family), it is recommended that Ordinance No. 41-80 be passed on First Reading. Second and FINAL Reading and public hearing will be held at the meeting on August 26th. m. Ordinance No. 42-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to adding exercise facility as a permitted use has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the workshop meeting on July 15th. n. Ordinance No. 43-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to professional office category has been prepared for Council consideration on First Reading at Tuesday night's meeting. This was discussed at the July 15th workshop meeting. PREFACE 7-22-80 Page 3 -8. o. Ordinance No. 44-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to increasing permit fees to de- fray the cost of construction progress inspections of paved areas by the Engineering Department has been prepared for Council consideration on First Reading at the meeting Tuesday night. 9. a. The Planning & Zoning Board at a meeting held on July 14th, recommended by unanimous vote that the final plat for Moore's Landing, located north of N. E. 8th Street, between Andrews Avenue and the Intracoastal Waterway be approved, subject to the following: 1) City Engineer's memorandum of June 18th (copy attached). 2) Director of Public Utilities memorandum of June 12th (copy attached). 3) Availability of water. 4) That the sidewalk requirement be waived on Andrews Avenue. b. The Planning & Zoning Board at a meeting held on July 14th, recommended by unanimous vote that the conditional use, site and development plan approval for Old Harbor Plaza, located at the northeast corner of U. S. No. 1 and Linton Boulevard, which expires on September 26, 1980, be extended for six months until March 26, 1981. PREFACE 7-22-80 Page 4