10-14-80 Regular
IV/(
CITY OF DELRAY BEACH
Delray Beach Florida
REGULAR COUNCIL MEETING
October 14, 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 23, 1980,
and special meetings of September 22, 24, 26 and October 2 and 7,
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. City Service Awards - - Louise Stebbins
Jeffrey L. Hill
c. Consider approval of City/Local 1842, International Association
of Firefighters Contract for 1980-81.
d. Consider authorizing use of City Park for docking of sightseeing
boat.
e. Consider approval of City Attorney's letter of October 9, 1980.
f. Consider approval of agreement for professional engineering
services for water storage tank and related facilities.
g. Consider approval of lease agreement - City/FEC Railway Company.
h. Consider authorizing execution of Addendum to Lease Agreement
for the Catherine Strong Community Center.
i. Consider execution of Developers Utility Service Agreement __
(Federal Plaza) Mitchell Homes.
7. Petitions and Communications:
None.
8. Resolutions and Ordinances:
a. Consider adoption of Resolution No. 83-80 requesting permission
from the Palm Beach County Board of Commissioners to rezone
land -- East side of Federal Highway,between Linton Blvd. and
S. E. 10th Street, if extended East (George Bossy, applicant).
b. Consider adoption of Resolution No. 84-80 requesting permission
from the Palm Beach County Board of Commissioners to rezone
land -- West side of U. S. #1, between Linton Blvd. and S. E.
10th Street "(Samuel J. Acquilano, applicant).
c. Consider adoption of Resolution No. 86-80 accepting as operational
the sanitary sewers and water utilities in Pine Trail, Sec. IV.
d. Consider adoption of Resolution No. 87-80 accepting as operational
the streets and storm drains in Pine Trail, Sec. IV.
e. Second and FINAL Reading of Ordinance No. 51-80 relative to
increasing the deposit in the perpetual care fund.
8. f. Second and FINAL Reading of Ordinance No. 55-80 relative to
municipal board or commission members.
g. First Reading of Ordinance No. 56-80 providing for a Referendum
Election to be held November 4, 1980, concerning the Delray
Beach Downtown Development Authority.
h. First Reading of Ordinance No. 57-80 relative to discontinuing
inoculation of Palm Trees.
i. First Reading of Ordinance No. 58-80 relative to eliminating
the two-hour parking zone on N.E. 1st Avenue from Atlantic
Avenue to N. E. 1st Street.
j. First Reading of Ordinance No. 59-80 relative to requiring a
minimum number of single family dwelling units rather than a
minimum single family acreage in the PRD Districts.
9. Reports:
a. Report from the Planning and Zoning Board relative to easement
abandonment -- Del Harbour Subdivision.
b. Report from the Planning and Zoning Board relative to annexation
request -- South side of Germantown Road, between Congress
Avenue and the SAL Railroad (Robert D. and Virginia M. Horner,
applicants).
e. Report from the Planning and Zoning Board relative to annexation
request -- South of Germantown Road, between Congress Avenue
and SAL Railroad (Leo Blair, applicant).
d. Report from the Planning and Zoning Board relative to City
rezonings and Comprehensive Land Use Plan Amendments.
e. Report from the Planning and Zoning Board relative to conditional
use approval -- Church of God.
AGENDA 10-14-80
Page 2
~REFACE
6. c. It is recommended that Council approve the City/Local 1842
International Association of Firefighters Contract for 1980-
81 as negotiated by the Administration and the union and as
approved on October 2, 1980. by the union membership.
d. As discussed at workshop on October 7, 1980. it is recom-
mended that Council authorize the docking of a sightseeing
boat by Joseph Rugare at City Park for the luncheon period
for a docking fee of $15.00 per day, subject to approval of
insurance coverage by the City Attorney.
e. As discussed at budget workshop, Council is to give considera-
tion at the meeting Tuesday night to approving the new hourly
rates for the City Attorney's office as reflected in the City
Attorney's letter of October 9, 1980. (Copy attached).
f. Council, at a Special Meeting held on September 22, 1980,
ranked engineering firms as follows for professional engineer-
ing services for a water storage tank and related facilities:
Barker, Osha & Anderson, first; CH2M Hill, second; Russell &
Axon, third.
The Administration has negotiated a contract with the first
ranked firm, Barker, Osha & Anderson, and recommends Council
approval of same.
g. As discussed at workshop on October 7, 1980, it is recommended
that an extension of a base agreement with the F.E.C. Railway
Company be approved subject to inclusion of the several amend-
ments suggested by the City Attorney and subject to an in-
crease in the City's payment from $400 to $720 per year.
h. Council may give consideration at Tuesday night's meeting to
authorizing execution of Addendum to Lease Agreement between
the City and Palm Beach County for the Catherine Strong Com-
munity Center for the period from October 1, 1980, through
September 30, 1981.
i. It is recommended that Council approve the execution of a
Developers utility Service Agreement with Mitchell Homes for
the providing of water and sewer service to the area described
as Federal Plaza, located at the northeast corner of Military
Trail and West Atlantic Avenue.
In accordance with City policy, a check in the amount of
$21,400 has been deposited in the Developers Fund to Cover
$625 per acre for sewer and $375 per acre for water for 21.4
acres.
Council approved an agreement to provide water and sewer service
to Federal Plaza at the September 23rd meeting.
8. a. Resolution No. 83-80 requesting permission from the Palm Beach
County Board of Commissioners to rezone land to be annexed from
CG (General Commercial) (County) to RM-15 (Multiple Family Dwell-
ing) District (City), located on the East side of Federal High-
way between Linton Boulevard and S. E. 10th street if extended
east, has been prepared for Council consideration at the meeting
Tuesday night.
8. a. Council directed the City Attorney to prepare the resolution
at the September 9th meeting.
b. Resolution No. 84-80 requesting permission from the Palm Beach
County Board of Commissioners to rezone land to be annexed from
CG (General Commercial) (County) to SAD (Special Activities Dis-
trict) (city), located on the west side of U. S. #1, between
Linton Boulevard and S.E. 10th Street, has been prepared for
Council consideration at the meeting Tuesday night.
Council directed the City Attorney to prepare the resolution
at the September 9th meeting.
c. It is recommended that the sanitary sewers and water utilities
in pine Trail Section IV be accepted as operational by adoption
of Resolution No. 86-80.
d. It is recommended that the streets and storm drains in pine
Trail Section IV be accepted as operational by adoption of
Resolution No. 87-80.
e. 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 Second and FINAL Reading at the meeting Tues-
day night. This Ordinance was passed on First Reading at the
September 23rd 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. 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 considera-
tion on Second and FINAL Reading at the meeting Tuesday night.
This ordinance was passed on First Reading at the September
23rd 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. 56-80 providing for a Referendum Election to be
held November 4, 1980, pursuant to Chapter 80-495, Laws of
Florida, concerning the Delray Beach Downtown Development
Authority expanding the Downtown area description to add proper-
ties lying East of the Intracoastal Waterway, has been prepared
for Council consideration on First Reading at the meeting Tues-
day night.
h. Ordinance No. 57-80, amending Chapter 27 "Trees and Shrubs"
of the Code of Ordinances relative to discontinuing inocula-
tion by the City of all Palm Trees within the City, has been
prepared for Council consideration on First Reading at Tuesday
night's meeting.
This was authorized by City Council at the August 26, 1980,
regular meeting.
PREFACE 10-14-80
Page 2
8. i. Ordinance No. 58-80, amending Chapter 26 "Traffic" of the
Code of Ordinances to eliminate the two-hour parking zone
on N. E. 1st Avenue from Atlantic Avenue to N. E. 1st Street,
has been prepared for Council consideration on First Reading
at Tuesday night's meeting.
Approval is recommended.
j. Ordinance No. 59-80, amending Chapter 30 "Zoning" of the Code
of Ordinances relative to requiring a minimum number of single
family dwelling units rather than a minimum single family
acreage in the PRD Districts, has been prepared for Council
consideration on First Reading at Tuesday night's meeting.
Council, at the workshop meeting on October 7, 1980, instructed
the City Attorney to prepare the ordinance.
9. a. The Planning & Zoning Board at a meeting held on September 23rd
recommended by unanimous vote that the 12 foot drainage ease-
ment located along the common boundary line of Lots 29 and 30,
Del Harbour Subdivision be abandoned to combine both lots and
use it as a single building site subject to the City Engineer's
memo of September 8th. (Copy attached).
The subject property is in Section 21-46-43 and is located on
the south side of Del Haven Drive between AlA and the Intra-
coastal Waterway.
b. An application has been received from Robert D. and Virginia
M. Horner to annex a 2.391 acre parcel of land, subject to
LI(Light Industrial) District.
The subject property is in Section 30-46-43 and is located
on the south side of Germantown Road, between Congress Avenue
and the SAL Railroad.
The Planning & Zoning Board at a meeting held on September
23rd, recommended by a vote of 6 to 0 (Blair abstaining) that
the property be annexed as LI since this is in conformance
with the City's Land Use Plan.
c. An application has been received from Leo Blair to annex a
1.84 acre parcel of land, subject to LI (Light Industrial)
District.
The subject property is iri Section 30-46-43 and is located
south of Germantown Road between Congress Avenue and the SAL
Railroad.
The Planning & Zoning Board at a meeting held on September
23rd, recommended by a vote of 6 to 0 (Blair abstaining) that
the property be annexed as LI since this is in conformance
with the City's Land Use Plan.
d. The Planning & Zoning Board at the meeting of September 15,
1980, made the recommendation reflected in the Planning Di-
rector's memo dated September 25, 1980, copy of which is
attached, to amend the Comprehensive Land Use Plan and to
bring the zoning into conformance with the City's Land Use
Plan. Council should consider directing the City Clerk to
notify by mail each affected real property owner in accordance
with Chapter 163 and Chapter 166 of the Florida Statutes.
PREFACE 10-14-80
Page 3
9. d. A map showing the location of the parcels is in the Planning
Department.
This was discussed at the October 7, 1980, workshop meeting.
e. 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 Bo~levard 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.
PREFACE 10-14-80
Page 4