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08-12-80 Regular y ~Y CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING August 12, 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 22, 1980 and spe- cial meetings of July 24, 1980 and August 1, 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 retention of consultant relative to Noise Ordinance. c. Consider appointment to the Board of Construction Appeals. d. Consider waiver of filing fee -- E. W. Reisig appeal. e. Consider designating a City voting representative for the Florida League of Cities Convention. 7. Petitions and Communications: a. Consider request for water service outside the City limits -- Walter A. Mayton. 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 65-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land -- North of Linton Boulevard, between S. W. 4th Avenue if extended south and S. W. 8th Avenue if extended south (Joseph and Irene Schneider, applicants). b. Consider adoption of Resolution No. 66-80 accepting as opera- tional the streets and storm drains in Rainberry Bay, Section Four. c. Consider adoption of Resolution No. 67-80 accepting as opera- tional the sanitary sewers and water utilities in Rainberry Bay, Section Four. d. Consider adoption of Resolution No. 68-80 approving the filing by Planned Parenthood of an application for grant funds. e. Second and FINAL Reading of Ordinance No. 38-80 relative to screened pool enclosures. f. Second and FINAL Reading of Ordinance No. 40-80 relative to sale of real property. g. Second and FINAL Reading of Ordinance No. 42-80 relative to exercise facility. h. First Reading of Ordinance No. 27-80 relative to permitting parking for boats, boat trailers and recreation vehicles. 8. i. First Reading of Ordinance No. 44-80 relative to establishing permit fees. j. First Reading of Ordinance No. 45-80 relative to annexation 1900 Lake Drive (Charles V. V. Hardiman, applicant). k. First Reading of Ordinance No. 46-80 relative to construction progress inspection alternative. 1. First Reading of Ordinance No. 47-80 relative to Special Ac- tivities District. m. First Reading of Ordinance No. 48-80 relative to fire and burglar alarms. 9. Reports: a. Report from the Planning & Zoning Board relative to site and development plan approval -- Rainberry Bay Recreation Facility. AGENDA 8-12-80 Page 2 PRE F ACE 6. b. As discussed at the workshop meeting on August 5th, Council is to consider the retention of Mr. Stanley Dunn of Dunn & Associates as a consultant relative to the Noise Ordinance. Mr. Dunn's fee is $50 per hour, with the approximate total cost being $2,000, assuming no problems are encountered. c. As discussed at the August 5th workshop meeting, Council is to consider at Tuesday night's meeting the appointment of Christopher Hurst as a member of the Board of Construction Appeals to fill the unexpired term of Herbert Mead which ends January 8, 1982. d. As discussed at the workshop meeting on August 5th, Council is to consider waiver of filing fee in the E. W. Reisig ap- peal. e. Council should designate, by motion, the City's voting repre- sentative for the Florida League of Cities Convention to be held in Bal Harbour, October 23rd, 24th and 25, 1980. 7. a. The City is in receipt of an application from Walter A. Mayton for City water service to serve l4624 South Military Trail, a self-serve gasoline station, convenience store and office space. It is recommended that Council approve execution of the City's standard water service/annexation agreement, which will permit the City to provide the requested water service to the ap- plicant. 8. a. Resolution No. 65-80 requesting permission from the Palm Beach County Board of Commissioners to rezone land to be annexed from RH (Residential Multiple Family-High Density) (County) to R-lAA (Single Family Dwelling) District (City), located north of Linton Boulevard, between S. W. 4th Avenue if extended south and S. W. 8th Avenue if extended south has been prepared for Council consideration at the meeting Tuesday night. Since this request is in conformance with the City's Land Use Plan, preparation of the annexation ordinance is recom- mended. b. It is recommended that the streets and storm drains installed in Rainberry Bay, Section Four be accepted as operational by adoption of Resolution No. 66-80. c. It is recommended that the sanitary sewers and water utili- ties in Rainberry Bay, Section Four be accepted as opera- tional by adoption of Resolution No. 67-80. d. Resolution No. 68-80 relative to endorsing a program of Planned Parenthood and authorizing execution of an agreement with the State of Florida Department of Community Affairs has been prepared for Council consideration at the meeting Tuesday night. This was discussed at the workshop meeting on August 5th. e. 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 Second and FINAL Read- ing at the meeting Tuesday night. This ordinance was passed on First Reading at the July 22nd 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. 8. f. Ordinance No. 40-80 has been prepared for Council consider- ation on Second and FINAL Reading at the meeting Tuesday night. This ordinance, if passed, will amend Chapter 2 "Administration" of the Code of Ordinances relative to sale of real property. This ordinance was passed on First Read- ing at the July 22nd 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. 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 Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the July 22nd 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. 27-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to permitting parking for boats, boat trailers and recreation vehicles has been prepared for Council consideration on First Reading at the meeting Tuesday night. Council, at the May 26th meeting, referred this item back to the Planning & Zoning Board for further study and recommen- dation. The Planning & Zoning Board, at a meeting held on July 22nd, recommended by unanimous vote that Ordinance No. 27-80 be adopted as written. This was discussed at the workshop meeting on August 5th. i. Ordinance No. 44-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to establishing permit fees to defray 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. Ordinance No. 44-80 was not ready for Council consideration at the July 22nd meeting. j. Ordinance No. 45-80 relative to annexing a parcel of land, Lot 2, Lake Shore Estates, 1900 Lake Drive, subject to R-1AA (Single Family Dwelling) District zoning has been prepared for Council consideration on First Reading at the meeting Tuesday night. Since this 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. 45-80 be passed on First Reading. Second and FINAL Reading and public hearing will be held at the meeting on September 9th. k. Ordinance No. 46-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to construction progress inspection alternative has been prepared for Council consideration on First Reading at the meeting Tuesday night. 1. Ordinance No. 47-80, amending Chapter 30 "Zoning" of the Code of Ordinances relative to removing the "non-residential" restriction in the Special Activities District has been pre- pared for Council consideration on First Reading at the meeting Tuesday night. PREFACE 8-12-80 Page 2 8. 1. This was discussed at the workshop meeting on August 5th. m. Ordinance No. 48-80, enacting a new Chapter 31 "Fire and Burglar Alarms" has been prepared for Council consideration on First Reading at the meeting Tuesday night. This was discussed at the June 17th workshop meeting. 9. a. The Planning & Zoning Board at a meeting held on July 22nd, recommended by unanimous vote that the site and development plan for Rainberry Bay Recreation Facility be approved, subject to: 1) Director of Public utilities memorandum of July 21st (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. pREFACE 8-l2-80 Page 3