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09-09-80 Regular . " ~N CITY OF DELRAY BEACH Delray Beach Florida REGULAR COUNCIL MEETING September 9, 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 August 26, 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. Presentation -- Representative Jim Watt. c. Consider holding public hearing on the 1980-81 budget. d. Consider holding public hearing on the allocation of federal revenue sharing funds. e. Consider appointments to the Planning & Zoning Board. f. Consider retention of certain items from the Randy VI yacht. g. Consider payment of City's share of cost of Davis Road bridge. h. Consider approval of agreement with architect for design of a fire station to be located at Lake Ida Road and Barwick Road. i. Consider South Central Regional Wastewater Treatment & Disposal Board Resolution No. 6-80 relative to increasing the wholesale sewage user charges. 7. Petitions and Communications: a. Consider request for solicitation of funds -- Amara Shrine Temple A.A.O.N.M.S. b. Consider reply to the Area Planning Board relative to the Metropolitan Planning Organization of Palm Beach County Trans- portation Improvement Plan (Amended) for 1981-85. c. Consider request for water and sewer service outside the City limits -- Federal Plaza. d. Consider request for constructing pavement and a subsurface drainage system -- unpaved portion of the block between N. E. 3rd Avenue and the F.E.C. railroad tracks, extending north from N. E. 3rd Street. 8. Resolutions and Ordinances: a. Consider adoption of Resolution No. 74-80 requesting Palm Beach County to amend their ordinances to prohibit billboards in the County pockets. b. Consider adoption of Resolution No. 75-80 requesting that the Delray Beach Post Office institute express mail service. 8. c. Second and FINAL Reading of Ordinance No. 45-80 relative to annexation -- 1900 Lake Drive (Charles V. V. Hardiman, ap- plicant) . d. Second and FINAL Reading of Ordinance No. 46-80 relative to construction progress inspection alternative. e. Second and FINAL Reading of Ordinance No. 50-80 relative to occupational license fees. 9. Reports: a. Report from the Planning & Zoning Board relative to annexation, conditional use, site and development plan approval -_ Profes- sional Office Plaza for Acquilano. b. Report from the Planning & Zoning Board relative to annexation request -- East side of Federal Highway, between Linton Boule- vard and S. E. 10th Street (George Bossy, applicant). AGENDA 9-9-80 Page 2 PRE F ACE 6. c. Council is to hold a public hearing on the 1980-81 budget at Tuesday night's meeting in order to conform with the City Charter requirements. d. Council is to hold a public hearing on the allocation of fed- eral revenue sharing funds at the meeting Tuesday night. e. As discussed at the September 2nd workshop meeting, Council is to consider at the meeting Tuesday night the reappointment of Frank Carey as a member of the Planning & Zoning Board to a three-year term ending September 28, 1983 and the appoint- mentsof Alexander Simon and Doak Campbell to three-year terms ending September 28, 1983. f. It is recommended that Council approve retention of the items shown on the attached list from the confiscated Randy VI yacht, said items to be used by the Police Department. g. Pursuant to agreement with the County, it is recommended that Council authorize payment of the City's share, in the amount of $27,588.41, for the construction of the Davis Road Bridge. The 1979-80 budget provides $20,000 to pay the City's share of the cost of the bridge. It is recommended that $7,590 be transferred from the General Fund Contingency Account to make up the difference that is needed for payment of the City's share. h. Pursuant to various actions taken over a period of several months with regard to selection of an architect for design of a fire station to be located at the intersection of Lake Ida Road and Barwick Road, it is recommended that Council approve retaining Richard Hanna as the architect. A copy of the rather voluminous agreement retaining Mr. Hanna is in the City Manager's office and may be reviewed by anyone desiring to do so prior to the meeting Tuesday night. i. The South Central Regional Wastewater Treatment & Disposal Board at its meeting on August 25th, voted to adopt SCRWTD Resolution No. 6-80 relative to wholesale sewage user charges. In accordance with the requirements of the Interlocal Agree- ment, approving action should be considered by Council. A copy of SCRWTD Resolution No. 6-80 is enclosed. 7. a. A communication has been received from Amara Shrine Temple A.A.O.N.M.S. requesting permission to solicit funds from November 6th through November 16, 1980, approval of which is recowmended by the Solicitations Committee. b. A communication has been received from the Area Planning Board dated August 28th requesting A-95 Clearinghouse review and comment relative to Metropolitan Planning Organization of Palm Beach County Transportation Improvement Plan (Amended) for 1981-85. The amended Municipal, County, State and Interstate transpor- tation projects planned for 1981-85 are shown on the attached sheets. Enclosed is a copy of a letter dated August 29th 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. 7. b. 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. The City is in receipt of a letter from the Mitchell Company, builders of the proposed Federal Plaza Shopping Center, lo- cated on the northwest corner of Atlantic Avenue and Military Trail requesting water and sewer service for Phase II (21 acres) . Approval is recommended with the proviso that service would not be available until the Water Treatment Plant expansion is completed or there is sufficient excess water available in the judgment of the Utilities Director to provide water at an earlier date. This was discussed at the workshop meeting on September 2nd. d. A request has been received for the City to construct pavement and a subsurface drainage system to serve the unpaved portion of the block between N. E. 3rd Avenue and the F.E.C. railroad tracks, extending 430 feet north from N. E. 3rd Street, with said improvement to be financed by special assessment. The estimated project cost is $16,000, which is $19.10 per front foot. The owners of 65% of the affected property have indicated they favor the improvement, however, some of them have preliminarily attached conditions to their approval. It is recommended that Council authorize proceeding with special assessment procedures, which will entail a public hearing at a future date, at which time the wishes of the affected owners can be conclusively determined. 8. a. Resolution No. 74-80 requesting Palm Beach County to amend their ordinances to prohibit billboards in the County pockets has been prepared for Council consideration at the meeting Tuesday night. b. Resolution No. 75-80 requesting that the Delray Beach Post Office institute express mail service has been prepared for Council consideration at Tuesday night's meeting. c. 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 Second and FINAL Reading at the meeting Tuesday night. This ordinance was passed on First Reading at the August 12th 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. 46-80 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 construction progress inspection alternative. This ordinance was passed on First Reading at the August 26th 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. PREFACE 9-9-80 Page 2 8. e. Ordinance No. 50-80, amending Chapter 15 "Licenses" of the Code of Ordinances relative to raising the occupational license fees 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 August 26th 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. 9. a. The Planning & Zoning Board at a meeting held on August 18th, recommended by unanimous vote that the annexation, condi- tional use and site and development plan for the Professional Office Plaza for Acquilano, located on the west side of U. S. No.1 between Linton Boulevard and S. E. 10th Street be denied for the following reasons: 1) Approval of this commercial project would cause a domino effect resulting in the surrounding property being flipped into a commercial category (i.e., the property to the north and to the west along S. E. lOth Street would be influenced by such commercial development) . 2) The granting of this application would further the strip commercial areas of the City. 3) The proposal lacks general compatibility with other prop- erties in the area (i.e., south of the subject property is a mobile home court, west is residential, north is vacant, and east is a park and proposed multiple family development) . This was discussed at the September 2nd workshop meeting. b. An application has been received from George Bossy to annex a 4-acre parcel of land, subject to RM-15 (Multiple Family Dwell- ing) Dis trict. The subject property is in Section 21-46-43 and is located on the east side of Federal Highway between Linton Boulevard and S. E. 10th Street. The Planning & Zoning Board at a meeting held on August 26th, recommended by unanimous vote that the property be annexed as RM-15, which is in conformance with the City's Land Use Plan. This property is presently zoned in the County as CG (General Commercial) . This was discussed at the workshop meeting on September 2nd. PREFACE 9-9-80 Page 3