09-23-80 Regular
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CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
September 23, 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 September 9, 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 approval of agreement to provide water and sewer
service -- Federal Plaza.
c. Consider execution of Developers Utility Service Agreement --
Rainberry Bay, Section V.
d. Consider appointment to the Financial Advisory Board.
7. Petitions and Communications:
a. Consider request for solicitation of funds -- Community Chest
Services of Delray Beach.
b. Consider request for water and sewer service outside the City
limits -- South Ridge of Delray Corporation.
c. Consider request for water and sewer service outside the City
limits -- Century National Bank of Broward as Trustee Under
the Will of Max Diamond.
8. Resolutions and Ordinances:
a. Consider adoption of Resolution No. 76-80 removing and relocat-
ing the existing fence at Robert P. Miller Park.
b. Consider adoption of Resolution No. 77-80 accepting as oper-
ational the streets and storm drains in The Estates Subdivision.
c. Consider adoption of Resolution No. 78-80 accepting as oper-
ational the sanitary sewers and water utilities in The Estates
Subdivision.
d. Consider adoption of Resolution No. 79-80 for the installation
of tile on the floor of the men's bathroom in the Clubhouse of
the Delray Beach Country Club.
e. Consider adoption of Resolution No. 80-80 requiring plans,
specifications and estimate of cost for constructing pavement
and a subsurface drainage system to serve the unpaved portion
of the block between N. E. 3rd Avenue and the Florida East
Coast Railroad tracks, north from N. E. 3rd Street.
f. Consider adoption of Resolution No. 81-80 to readopt the
1979-80 budget.
g. First Reading of Ordinance No. 51-80 relative to increasing
the deposit in the perpetual care fund.
8. h. First Reading of Ordinance No. 52-80 making tentative appro-
priations of sums of money for all necessary expenditures from
October 1, 1980 through September 30, 1981.
i. First Reading of Ordinance No. 53-80 making final appropriations
of sums of money for all necessary expenditures from October 1,
1980 through September 30, 1981.
j. First Reading of Ordinance No. 54-80 setting the City's 1980-81
millage.
k. First Reading of Ordinance No. 55-80 relative to municipal
board or cOIDmission members.
9. Reports:
a. Report from the Planning & Zoning Board relative to conditional
use approval -- Church of God.
b. Report from the Planning & Zoning Board relative to conditional
use approval -- Dental Office for Dr. Ritota.
c. Report from the Planning & Zoning Board relative to conditional
use approval -- Professional Office Building for Dr. Westine.
d. Report from the Planning & Zoning Board relative to site and
development plan approval -- Banyan Woods.
e. Report from the Planning & Zoning Board relative to conditional
use, site and development plan approval -- Crosswinds.
AGENDA 9-23-80
Page 2
PRE F ACE
6. b. Approval of an agreement to provide water and sewer service
to serve Federal Plaza, Phase II, located outside the City
at the northwest corner of Atlantic Avenue and Military Trail
is recommended. Council authorized drafting the agreement at
its September 9th meeting.
c. It is recommended that Council approve the execution of a
Developers Utility Service Agreement with Dimentional Builders,
Inc. for the providing of water and sewer service to the area
described as Rainberry Bay, Section V.
In accordance with City policy, a check in the amount of
$5,900 has been deposited in the Developers Fund to cover 59
units @ $100 each.
d. As discussed at the September 16th workshop meeting, Council
is to consider at the meeting Tuesday night the appointment of
Julius Friedman as an alternate member of the Financial Adviso-
ry Board to a term ending April 12, 1982.
7. a. A communication has been received from Community Chest Services
of Delray Beach requesting permission to solicit funds from
February 9th through February 23, 1981, approval of which is
recommended by the Solicitations Committee.
b. The City is in receipt of an application from R. P. McTeague
for City water service to serve Lots 1, 2 and 3, Block 5,
northwest corner of S. W. 4th Avenue and Southridge. The
property is vacant at present and the proposed use is for five
multi-family townhouses.
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 appli-
cant.
c. The City is in receipt of an application from the Century
National Bank of Broward as Trustee Under the Will of Max
Diamond for City water service to serve 2512 North Federal
Highway, approximately 1/4 mile south of Place Au Solei 1 en-
trance. The proposed use of the property is for construction
of a lounge.
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 appli-
cant.
8. a. The following quotations have been received to remove and re-
locate the existing fence and install approximately 520 feet
of chain link fence on the north side of Robert P. Miller Park
in order to prevent any further dumping.
Bidder
Quotation
Frank English, Fence Contractor
Lantana
$2,050.00
Southern Fence Company
Boca Raton
2,629.00
Apache Fence, Inc.
Ft. Lauderdale
2,712.00
Bill Overton's Budget Fence Company
West Palm Beach
3,170.00
8. a. It is recommended that the contract be awarded to the low
bidder, Frank English in the amount of $2,050.00 by passage
of Resolution No. 76-80, with funding to come from the
General Obligation Bonds, Series 1980.
b. It is recommended that the streets and storm drains in The
Estates Subdivision be accepted as operational by adoption
of Resolution No. 77-80.
c. It is recommended that the sanitary sewers and water utilities
in The Estates Subdivision be accepted as operational by adop-
tion of Resolution No. 78-80.
d. A bid has been received from J.M.G. Tile Company (the only
bid submitted) to install ceramic tile on the floor of the
men's bathroom in the Clubhouse of the Delray Beach Country
Club for $927 with funds to come from the 1978 Utility Tax
Revenue Bond Issue.
Approval is recommended by adoption of Resolution No. 79-80.
e. Resolution No. 80-80 requiring plans, specifications and
estimate of cost for constructing pavement and subsurface
drainage system to serve the unpaved portion of the block
between N. E. 3rd Avenue and the FEC Railroad tracks, north
from N. E. 3rd Street has been prepared for Council consider-
ation at Tuesday night's meeting.
The estimated cost for constructing pavement and a subsurface
drainage system is $16,000.
Council at its September 9th meeting, approved initiation of
this special assessment project, with the City paying the
usual 20% of the cost.
f. Resolution No. 81-80 to readopt the 1979-80 budget to provide
appropriations for the operation of the City until such time
as the 1980-81 tentative budget is adopted has been prepared
for Council consideration at the meeting Tuesday night.
g. Ordinance No. 51-80, amending Chapter 10.5 "Cemeteries" of
the Code of Ordinances, increasing the deposit in the per-
petual care fund from 10% to 25% has been prepared for
Council consideration on First Reading at the meeting Tuesday
night.
This was discussed at budget workshop.
h. Ordinance No. 52-80 making tentative appropriations of sums
of money for all necessary expenditures from October 1, 1980
through September 30, 1981 has been prepared for Council
consideration on First Reading at Tuesday night's meeting.
i. Ordinance No. 53-80 making final appropriations of sums of
money for all necessary expenditures from October 1, 1980
through September 30, 1981 has been prepared for Council
consideration on First Reading at the meeting Tuesday night.
j. Ordinance No. 54-80 establishing the City's millage rates for
the 1980-81 fiscal year has been prepared for Council con-
sideration on First Reading at the meeting Tuesday night.
The ordinance is in conformance with prior discussions and
actions with respect to the establishment of the City's
1980-81 budget.
k. Ordinance No. 55-80, amending Chapter 2 "Administration" of
the Code of Ordinances relative to removal of municipal board
or commission members has been prepared for Council consider-
ation on First Reading at Tuesday night's meeting.
This was discussed at the September 16th workshop meeting.
PREFACE 9-23-80
Page 2
9. a. The Planning & Zoning Board at a meeting held September 15th,
recommended by unanimous vote that the conditional use to
allow a church and attendant educational and recreational
facilities for Church of God, located east of Barwick Road,
between Lake Ida Road and Boulevard Chatelaine, be approved,
subject to:
1) City Engineer's memorandum of September 15th (copy at-
tached) .
2) Director of Public Utilities memorandum of August 12th
(copy attached).
3) A time limitation of 12 months be set for development of
the project.
4) The Reverend Escoe receiving approval from the Chatelaine
Homeowners Association for any additional recreational
facilities over and above what is presently existing.
Council may either act on this request at Tuesday night's meet-
ing or refer to workshop.
b. The Planning & Zoning Board at a meeting held September 15th,
recommended by unanimous vote that the conditional use to
allow a dental office for Dr. Ritota, located at the south-
east corner of U. S. No.1 and Tropic Isle Drive be approved,
subject to:
1) City Engineer's memorandum of September 15th (copy at-
tached) .
2) Director of Public Utilities memorandum of August 18th
(copy attached).
3) A time limitation of 12 months be set for development of
the project.
4) Obtaining a long term lease to provide the five additional
parking spaces as required by the zoning ordinance on the
property to the north.
c. The Planning & Zoning Board at a meeting held September 15th,
recommended by unanimous vote that the conditional use to
allow a professional office building for Dr. Westine, located
south of N. E. 8th Street, between N. E. 3rd Avenue and the
FEC Railroad be approved, subject to:
1) City Engineer's memorandum of September 15th (copy at-
tached) .
2) Director of Public Utilities memorandum of August 12th
(copy attached).
3) A time limitation of 12 months be set for development of
the project.
d. The Planning & Zoning Board at a meeting held September 15th,
recommended by unanimous vote that the site and development
plan for Banyan Woods, located on the east side of Federal
Highway between Linton Boulevard and S. E. lOth Street be
approved, subject to:
1) City Engineer's memorandum of September 15th (copy at-
tached) .
2) Director of Public Utilities memorandum of August 5th
(copy attached) .
3) A time limitation of 18 months be set for development
of the project.
e. The Planning & Zoning Board at a meeting held September 15th,
recommended by a vote of 6 to 1 (Plume dissenting) that the
conditional use, site and development plan for Crosswinds,
located on the south side of Linton Boulevard, between the
E-4 Canal and Dover Road if extended south be approved,
subject to:
PREFACE 9-23-80
Page 3
9. e. 1)
2)
3)
4)
City Engineer's memorandum of July 21st (copy attached).
Director of Public utilities memorandum of July 14th
(copy attached).
A time limitation of 18 months be set for development of
the project.
The developer be responsible for the road impact fee for
Linton Boulevard.
PREFACE 9-23-80
Page 4