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10-08-85 OCTOBER 8, 1985 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:05 P.M., Tuesday, October 8, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent- None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John W. Thomas, Jr., St. Paul Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the Regular Meeting of September 24, 1985 and the Special Meeting of September 17, 1985, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.1. Mr. Leonard Syrop, representing the Democratic Club of Delray Beach, advised that they are sending letters to the County Commissioners and the County Administrator advising them that the Delray Democratic Club is solidly behind the locating of the courthouse in downtown Delray Beach. Further he has received assurances from the Democratic Clubs in West Delray and the South County Political Cooperative that they will back them in this endeavor. 5.a.2. Mr. Syrop advised that a County pocket on the East side of Military Trail just North of Atlantic Avenue adjacent to the Publix Shopping Center is the proposed site for a Zayre's, Richways and 40,000 feet of retail shops. He is concerned because the City has not made an effort to find out what is going on in the County and is, seemingly, unconcerned over the impact this development will have on the residents of Delray Beach. He cited an article which stated that Planning Commis- sioner Linda Leopard said she supported this project because it is a good trade-off getting $118,000 in exchange. The County is in the process of approving a project that will create havoc with the already overburdened intersection of Atlantic Avenue and Military Trail. This item is going before the County Commission on October 30 and he urges the City to prepare its arguments as to why this proposal should not go forward and present them to the County Commission at that meeting. 5.a.3. Mr. Noah Specter, Delray Villas, stated that he purchases the yearly parking permits for the beach which allows him to park in Sando- way and Anchor Parks. Many times during the week A1A is vacant and he suggests that the City allow those people who purchase beach parking permits to park at both parks and on A1A during the week if there are vacancies in the afternoon. Mayor Campbell stated it is a good idea and they will look into it. 5.a.4. Mrs. Alice Finst, representing Chatelaine Homeowners, advised that they went to the Sign Inspector to apply for a permit to put a little sign either across the street from Chatelaine or on top of their existing entrance sign. They have been told there is no provision for this type of sign in a residential area. She is here tonight to ask for relief from the ordinance or permission to put up this sign. She presented a rendering showing the type of sign requested. Mayor Campbell did not feel that Council could give relief and suggested that Mrs. Finst get in touch with the City Attorney's office and look into a Code change to allow the sign. 5.a.5. Mrs. Feldman, Pines of Delray East, expressed concern over the fact that Palm Villas is not living up to their contract to maintain the median on Homewood Boulevard from Lowson Boulevard to Red Hibiscus. The trees and grass are dying. She understands that the City Manager and the City Attorney have written to them and she asked for an update. The City Attorney advised that Palm Villas is now represented by an attorney. He has sent them a demand letter, which the attorney acknowledged, but has not gotten back to them on. He tried but was unable to reach him last week. He has dictated a follow-up letter which will probably go out tomorrow. His intention was that if they did not get any action or acknowledgement by a certain date, that he would bring the matter to a workshop meeting. Mayor Campbell suggested scheduling this for the workshop meeting next Tuesday and contacting the Homeowners Association President and requesting they be here. Council concurred. 5.a.6. Mrs. Jeanette Slavin, Rainberry Bay, advised that last year the City generously matched the County funds of $25,000 for a bike path repair and extension on Lake Ida Road. However, the County Engineers have done nothing about drawing up a plan, getting a bid or getting a contract. Mr. Church has been helping her; they have called and written but nothing has been done. The last word she received at the end of September was that it will probably die because the year is up and the funds were not used. She and everybody else on Lake Ida Road are very upset over this and urge City Council to put some pressure on the County to get this off the ground and not let it die. Mayor Campbell recommended that a letter be sent to the Chair- man of the County Commission with copies to all the Commissioners. Council concurred. 5.b.1. Mr. Weatherspoon commended staff with regard to the Washhouse and a couple of other businesses on Atlantic Avenue. Since the City Manager has instructed staff to come down on those individuals, he has seen some positive changes. 5.b.2. Mrs. Horenburger stated she learned last week that the County did not include the City as requested in the consultant study which the County was doing for the Courthouse expansion. She went to the County Commission meeting today and asked that that item be workshopped again and also she made a suggestion that City Council might consider either funding the consultant study or taking up one of its own. Mrs. Horenburger suggested this be put on next week's workshop agenda giving each of them time to contact the County Commissioners individually to let them know how strongly the City feels about having that court facility on Atlantic Avenue. It was the consensus of Council to put this item on next week's workshop agenda. 5.b.3. Mrs. Horenburger reported further that she talked with Mr. Bob Basehart with regard to the Delray Shores Medical Center and the fact that there was concern in the community over the conversion of a drug store into a fast food/convenience store. The County has red-tagged the project and the person making the conversion will have to go the County Commission to ask for an exception. 5.b.4. Mrs. Horenburger stated that they have a vacancy on the Plan- ning and Zoning Board due to the resignation of Robert Ellis, Chairman. Mrs. Horenburger moved to appoint Mrs. Phyllis Plume to the Planning and Zoning Board, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 2 - 10/08/85 5.b.5. Mr. Jackel noted that the Mayor and Vice-Mayor recently stated that they did not vote in favor of private management of the golf course and he would like to set the record straight. In reviewing Council Meeting minutes from 1984, he found that all Council Members agreed to the leasing, all Council Members had a voice in the selection process, and that he made a motion to go back to City management, which motion died for lack of a second. At the October 16 meeting when the contract was ready for signing, three Council Members voted to approve the lease agreement. The Mayor voted against it for technical reasons. The Vice-Mayor voted against it because she was against two separate leases and because she had insufficient time to study the lease. No statement was made by the Mayor or Vice-Mayor to the effect that they were against the private leasing of the course. At no time in 1984 did any member of Council argue the private leasing of the golf course. For those who would like to investigate this further, he would refer them to the minutes of May 29, 1984, August 21, 1984, October 16, 1984, and November 20, 1984. 5.b.6. In response to citizen comments made earlier, Mr. Jackel advised that the County's and the City's Planning Departments have been working together for some time to make the Land Use Plans coincide regarding County pockets and reserve areas. By doing this they will be able to get rid of many problems. It's already in the process and he hopes it will be concluded shortly. Mayor Campbell commended Mr. Syrop for bringing the matter to their attention. He will talk to Mr. Basehart and ask that he be provided with notices of County Planning Commission meetings. He further suggested that they authorize a letter or resolution from Council to the County Commission asking them to carefully consider the proposal for the extension of business and advising that the City opposes it. Mrs. Horenburger moved to authorize a letter or resolution to be sent to the County Commission asking them to carefully consider the proposal and advising that the City opposes it, seconded by Mr. Weather- spoon. Mr. Weatherspoon stated he was under the impression that a member of their Planning Department attended the County Planning meet- ings. He questions this. Mr. Cohn, Planning Director, explained that when there is an item they are aware of within the County pockets or reserve area, they do talk to staff and attend the meetings. In regard to this particular item, they did not receive notice of the expansion of the shopping center. The only thing they did receive was a phone call from the County Health Department about two weeks ago to confirm water service. They checked and found that they do have a water service agreement. They also checked their Land Use Plan and found that the proposed use was consistent with it. Mrs. Horenburger withdrew her motion and Mr. Weatherspoon his second. Mr. Bird moved to draft a resolution stating the City's con- cerns and to request that the City be given the opportunity to review the project before final action, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell stated that they passed a resolution several weeks ago requesting that the County look into the possibility of rezoning all pockets to conform with the City's Land Use Plan. He asked the City Manager to contact them and tell them it is of utmost concern to the City citing this particular project as an example of why. Mayor Campbell added that about four months ago the City sent a proposal with regard to rezoning a specific piece of property on the Intracoastal Waterway at 8th Street. He asked for an update. - 3 - 10/08/85 Mr. Cohn advised that they followed up on that with Mr. Base- hart who promised to get back to them with an answer. He and Mr. Basehart will be meeting one day next week to review the status of that and several other projects. They have discussed with County staff the possibility of having them amend their plan to be consistent with the City's. They have agreed to that and further to do an evaluation of all the land uses in all the County pockets. They are trying to get their input to the County by the end of the year which is when the County will initiate their once a year Comprehensive Plan amendment. They have agreed to adopt whatever designations the City desires for those areas. The City Manager advised that they have notified the County Commission in writing as to the problem and have gotten a letter back from Commissioner Wilken saying that they will take it under considera- tion and advisement. Mayor Campbell asked for periodic status reports on that issue. In conjunction with that, he would presume that all the large billboards around the community are in County pockets. Upon question, the City Manager advised that the County has imposed a temporary moratorium on billboards. Mayor Campbell asked the administration to find out the date of the moratorium for him. Mr. Bird stated that one of the items under discussion at the Council of Governments meeting last week was the fact that the right- of-way of the F.E.C. Railroad in the south end of the City is a long, skinny County pocket and the railroad uses billboards as a revenue generator. He suggested to the South County Commissioner that she might want to undertake deannexing it and turning it over to the City. To that end he feels they should investigate other County lands within the City boundaries which are currently under County control but may not stay under their control, including unused rights-of-way and properties of that nature and suggest their turning all their property over to the City. Mr. Bird asked Mr. Cohn to include this is in his list of things to keep track of. He may want to share that with Mr. Basehart. It may be a matter for discussion between the City Attorney and the County Attorney with regard to a method of transfer. 5.b.7. Mayor Campbell advised that the Town of Jupiter received $80,000 for beach maintenance. According to the newspaper, the County Commission is giving Jupiter this money for their public beaches because they have no restricted access. Obviously, they forgot that Delray Beach has, probably, the best unrestricted access beach in the entire County which is why they qualify for beach renourishment. He requested that Council ask the Administration to determine on a pro rata basis that money as allocated to Jupiter in 'regard to their yearly maintenance bill and ask a similar pro rated amount from the County for Delray Beach's public beach. Council concurred. 5.b.8. With regard to the beach, Mayor Campbell stated there are two spaces he would like the Administration to look at. One is the property on Ingraham; what the sum would be to prepare that for public parking. The other parcel is the small corner next to the Arvilla Hotel which he has been assured is going. When it goes they might want to look at the possibility of cleaning up that small parcel on the corner across from the hotel for some kind of vehicular use to alleviate some of the crowding in that area. He would like to have this information by Tuesday and put it on the workshop agenda. Council concurred. Mr. Bird asked that they also investigate using a portion of that property as a truck loading dock with strict enforcement of trucks blocking A1A to unload in front of various restaurants. 5.b.9. Mayor Campbell stated that a lot of people are concerned because there is no bike path on W. Atlantic Avenue from Homewood Boulevard to Military Trail. He asked the Administration to find out why the County has not made proper allocation for a bike path and what the City can do to expedite it. Although a lot of Atlantic Avenue is County road, his feeling is that it is a gateway to the City. He would like to get a report from the City Attorney as to exactly what the mechanics are and how they go about dealing with West Atlantic Avenue if they want to undertake a beautification effort. - 4 - 10/08/85 5.b.10. Mayor Campbell advised that there are two vacancies on the Code Enforcement Board and suggested Council be ready to vote on it at the next regular meeting. 5.c.1. The City Attorney reported that Council had directed his office to petition the Code Enforcement Board with regard to a case involving truck parking; to satisfy a lien that had been recorded against a property for a much reduced amount in light of the City having amended R-lA. Council had suggested reducing the lien to $25.00. The Code Enforcement Board agreed to substantially reduce the fine, but only to approximately $1,000. Upon question, the City Attorney advised that the Building Department did a study of how much it cost them to process the case; this does not include Council's, the City Manager's, the City Attorney's Office or the Board's time and expenses. It came to just under $1,000 which is the figure they chose to reduce the fine to. Mr. Bird felt it would be wrong to charge the property owner for something neither the City nor he wanted done. As a Council policy matter, they had said that within a certain geographical area because there were so many people whose homes and businesses were intertwined that they would withhold enforcement until such time as they had a chance to rewrite the ordinance. He disagrees with the Code Enforcement Board's reasoning and still favors a token fine of $25. Mr. Bird suggested that the Mayor and the Chairman of the Code Enforcement Board get together and discuss the matter. Council concurred. 5.d.1. The City Manager reported that they have received notification from HUD that their Community Development Block Grant has been approved and they will start receiving their money in a couple of weeks. 5.d.2. The City Manager announced that they have appointed Mr. Joseph Weldon to the position of Director of Parks and Recreation. He outlined Mr. Weldon's background and added that they are looking forward to having an improved Parks and Recreation Department. 5.b.ll. Mayor Campbell presented a proclamation calling for a Referen- dum Election on amendments to the City Charter to be held on Tuesday, November 5, 1985 between 7:00 A.M. and 7:00 P.M. The City Attorney read the proclamation. 5.b.12. Mayor Campbell presented a proclamation calling for a Referen- dum Election on annexation to be held on Tuesday, November 5, 1985 between 7:00 A.M. and 7:00 P.M. The City Attorney read the proclama- tion. 5.b.13. Mayor Campbell presented a proclamation proclaiming October 20 through November 2, 1985 as "Shrine Hospital Days". 5.b.14. Mayor Campbell presented a proclamation proclaiming Sunday, October 13, 1985 as "Fallen Firefighters Memorial Day". Mr. Ray Gerner, retired Fire Captain, came forward to accept the proclamation and advised that on Sunday at 12:15 P.M. there will be a memorial service at the central fire station. It will take about 15 minutes, it is open to the public and everyone is welcome to attend. 5.b.15. Mayor Campbell presented and read a proclamation proclaiming the week of November 4 through 10, 1985 as "Jewish War Veterans" week. Commander Hymowitz, Post 266, came forward to accept the proclamation and outlined the type of work that the Jewish War Veterans do. Mr. Jack Farlish, Senior Vice Commander State of Florida JWV, thanked City Council for its cooperation with Post 266. 6. Mr. Bird requested that Item 31, Ordinance No. 112-85 on First Reading, be added to the agenda. Mr. Jackel moved for approval of the agenda with the addition of Item 31, Ordinance No. 112-85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 5 - 10/08/85 7. Presentation - Westside Community Council Coalition (Rev. J.W.H. Thomas, Jr. Reverend Thomas stated that they deplore and are greatly disturbed by the increasing crime, growing fear and the lack of respect for the law accompanied by a noticeable decline in law enforce- ment in the west sector of Delray Beach. They have organized the WCCC for the purpose of communicating this outrage and in an effort to join with the City officials and the public in resolving this menacing problem. They have five main objectives: (1) to revive and promote a real sense of community throughout the City; (2) to restore faith and support of law and order; (3) to ensure added respect for civil authori- ty and increase support of local police in the performance of their duties; (4) to reduce crime and the personal harassment of the public on the streets and thoroughfares of the City; and, (5) to retrieve the tranquility and calm and the unity that was uniquely a part of Delray Beach. WCCC is composed of representatives of churches, schools, civic organizations, fraternities, businesses and residents of the area. He has been named Chairman of WCCC and he has appointed a resolution committee composed of the following: C. Spencer Pompey, Gertrude Greene, Lily Parker, Nadine Hart, Reverend George Champion, Matthew Mitchell and John M. Holly. This committee drew up a resolution which was approved and adopted by WCCC at a meeting on September 25, 1985, at which time it was decided to ask City Council permission to present it to Council and the public at a City Council meeting. Copies of it are to be sent to the churches and organizations during October. The WCCC pledges full cooperation with Council and all governmental bodies in dealing with this most serious and threatening problem in their City. Mayor Campbell congratulated Reverend Thomas for his efforts with other leaders in the community, in showing a real interest in facing the problems and for recognizing that in an integrated community what is a problem along West Atlantic Avenue is a problem for all of Delray Beach. They must always remember that they are an integrated and united community and while they have not been as diligent in their efforts to resolve what Reverend Thomas described as a serious crime and enforcement problem along West Atlantic Avenue, he assures that it is of grave and utmost concern to all members of this Council. Now that WCCC has come together, he guarantees that they look forward to working closely with them in the upcoming days to try to begin the process of correcting what is a very serious problem. Mayor Campbell declared a recess at this time, the time being 8:25 P.M. The meeting reconvened at 8:30 P.M. PUBLIC HEARING The City Attorney advised that Item 8 of the agenda, Ordinance No. 72-85, incorrectly lists the zoning district as POI; it should be subject to POC District. That correction should also appear in Section 4 of the ordinance. 8. Ordinance No. 72-85 - Eisen Annexation. Ordinance No. 72-85, relative to annexing a 0.52-acre parcel subject to POC (Planned Office Center) District, located at the north-west corner of Linton Boulevard and S.W. 4th Avenue, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 72-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND S.W. 4TH AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. - 6 - 10/08/85 (Copy of Ordinance No. 72-85 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 72-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 92-85 - Overland Express Annexation. Ordinance No. 92-85, relative to annexing a 1.88-acre parcel, subject to LI (Light Industrial) District, located on the east side of S.W. 4th Avenue between Linton Boulevard and Southridge Road, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 92-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE EAST SIDE OF S.W. 4TH AVENUE BETWEEN LINTON BOULEVARD AND SOUTHRIDGE ROAD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 92-85 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 92-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Upon question by Mayor Campbell, the City Attorney replied that if Council wanted to change the land use for this property they would have to go through the formalities, using one of the two times per year in which they are allowed to change land use. Mayor Campbell stated having additional Light Industrial in this area is not his first prefer- ence. He would support changing it on the Land Use Plan. At this point the roll was called to the motion. 10. Ordinance No. 93-85 - Temple Gardens Annexation. Ordinance No. 93-85, relative to annexing a 22.57-acre parcel, subject to RM-10 (Multiple Family Dwelling) District, located on the north side of the L-33 Canal, between Davis Road and High Point of Delray, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 93-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP - 7 - 10/08/85 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE NORTH SIDE OF THE L-33 CANAL, BETWEEN DAVIS ROAD AND HIGH POINT OF DELRAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 93-85 is on file in the official Ordi- nance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 93-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. Before roll call, Mayor Campbell stated that he will be voting no on this ordinance. He believes that this is an increase in density to their current Land Use Plan and he is going on record as opposing any such increases. At this point the roll was called to the motion. 11. Ordinance No. 107-85 - Amendinq Code - Signs and Billboards. Ordinance No. 107-85, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to allow the property owners to reallocate their allowed square feet of freestanding signage in a manner which results in less footage, subject to Community Appearance Board approval, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 107-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE IX, "SIGNS AND BILLBOARDS", SECTION 9-211, "SIGNS PERMITTED AND REGULAT- ED'', SUBSECTION (F), "COMMERCIAL DISTRICTS", BY ADDING A SUBSECTION (6) WHICH WILL PROVIDE FOR A REALLOCATION OF THE SQUARE FOOTAGE OF FREESTANDING SIGNS PERMITTED IN A COMMERCIAL DISTRICT WHERE THE RESULT OF THE REALLOCATION RESULTS IN LESS SQUARE FOOTAGE THAN WOULD OTHERWISE BE PERMITTED UNDER THE CODE; PROVIDING FOR COMMUNITY APPEAR- ANCE BOARD APPROVAL FOR THE REALLOCATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 107-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 107-85 on Second and FINAL Reading, seconded by Mr. Jackel. Before roll call the following discussion was had: Mr. Bird recommended a minor change to the ordinance; to change the language in subsection (6) to read ". . in a manner which results in less square footage and no increase in number of signs than would otherwise be allowed . . ." He feels this will clearly set the parameters. Upon question, the City Attorney advised that they will not have to change the caption of the ordinance. - 8 - 10/08/85 The City Attorney pointed out that there is an error in the caption; it should read "Article IX", not VIII. It's a typographical error and will not require readvertising. Mr. Weatherspoon amended his motion to adopt the ordinance with the change suggested by Mr. Bird and the modification by the City Attorney, Mr. Jackel amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 110-85 - City of Delray Beach Rezoning (Fleming Property). Ordinance No. 110-85, relative to rezoning a 142.2-acre parcel from R-1AA (Single Family Dwelling) District to PRD-L (Planned Residential Development District - Low Density), located on the north side of the L-31 Canal between Barwick Road and Davis Road. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 110-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT IN PRD-L (PLANNED RESIDENTIAL DEVELOPMENT - LOW TO MEDIUM DENSITY ) DIS- TRICT A PARCEL OF LAND LYING AND BEING IN SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST. SAID LAND IS LOCATED ON THE NORTH SIDE OF THE L-31 CANAL, BETWEEN BARWICK ROAD AND DAVIS ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 110-85 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Morris Kates, 997 N.W. 37th Terrace, stated it was his understanding when he bought his property that the surrounding prop- erties were zoned for low density single family homes. He would be opposed to a change and feels it would interfere with the value of his property and the enjoyment of his living space. Mayor Campbell advised that there is no density increase. They are changing the type of zoning; however, they are not allowing more units in there than would otherwise be allowed in the single family zoning. It will allow some flexibility but no increase in density. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 110-85 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 13. Request for Solicitation of Funds - Community Chest Services, Inc. Council is to consider approval for solicitation of funds from February 1 through February 28, 1986. Approval is recommended. 14. Request for Solicitation of Funds - Amara Shrine Temple, A.A.O.N.M.S. Council is to consider approval for solicitation of funds from October 20 through November 2, 1985. Approval is recommended. - 9 - 10/08/85 15. Final Plat Approval - Replat of Lot 1, Seller's Addition. Council is to consider a request for final plat approval to replat Lot 1, Seller's Addition, located at the northeast corner of S.W. 6th Street and Swinton Avenue. Approval is recommended. 16. Final Plat Approval - Fairways on the Green. Council is to consider a request for final plat approval for Fairways on the Green, (formerly known as The Golf Terrace Apartment Building), a proposed multiple family subdivision containing 46 units, located on the north side of Lowson Boulevard, between S.W. 20th Court and the E-4 Canal. Approval is recommended. 17. FEC Agreement for N.E. and S.E. 1st Streets. Council is to consider approval of a change in the language in paragraph 13 of the Agreement between the City and FEC. Approval is recommended. 18. Donor Contract for Child Care Centers. Council is to consider approval of a Donor Contract between the City and HRS and authorize expenditure of $28,000 from Council Contingency Fund for day care centers located in the City. 19. Collective Bargaining Agreement - Professional Firefighters of Delray Beach, Local 1842. Council is to consider ratification of and authorization to execute collective bargaining agreement for the period from October 1, 1985 through September 30, 1986 between the City of Delray Beach and Professional Firefighters of Delray Beach, Local 1842, I.A.F.F. Approval is recommended. 20. Collective Bargaining Agreement - Florida State Lodge, Frater- nal Order of Police. Council is to consider ratification of and author- ization to execute collective bargaining agreement for the period from October 1, 1985 through September 30, 1986 between the City of Delray Beach and Florida State Lodge, Fraternal Order of Police. Approval is recommended. 21. Alley Abandonment - Block 97, Highland Park. Resolution No. 84-85, vacating and abandoning a portion of an alley right-of-way to become a part of a commercial property zoned GC (General Commercial), located west of N.E. 5th Avenue between N.E. 3rd Street and N.E. 4th Street, is before Council for consideration. The caption of Resolution No. 84-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF AN EAST-WEST ALLEY LYING WITHIN BLOCK 97, HIGHLAND PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 79 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 84-85 is on file in the official Resolution Book) 22. Utility Easement Abandonments - Pelican Harbor Phase III. Resolution No. 85-85, abandoning utility easements for Lots 75 through 80 inclusive and Lots 110 and 111 within Pelican Harbor Phase III, located at the northwest corner of the Intracoastal Waterway and the C-15 Canal, is before Council for consideration. The caption of Resolution No. 85-85 is as follows: A RESOLUTION OF THE CITY COUNCIL of THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE EASTERN TWO (2) FEET OF THE TWELVE (12) FOOT UTILITY EASEMENTS LOCATED IN LOTS 75 THROUGH 80, INCLUSIVE, AND IN LOTS 110 AND 111, PELICAN HARBOR PHASE THREE, AS RECORDED IN PLAT BOOK 37, PAGE 34 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 85-85 is on file in the official Resolution Book) 23. Software Systems for Finance Department. Council is to consid- er approval of contracts with HTE for purchase and maintenance of software systems for Finance Department. - 10 - 10/08/85 Mr. Bird moved for adoption of the Consent Agenda, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA Mayor Campbell left the Council Chambers at this time and Vice-Mayor Horenburger took the chair. 24. Appropriations for th.e .1985./86 Budget. Resolution No. 83-85, amending Resolution No. '~9-~5 by adding a new column entitled "Beach Restoration Fund", is before Council for consideration. The City Manager presented Resolution No. 83-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 79-85 WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPEN- DITURES OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE FISCAL YEAR 1985-86, BY ADDING A NEW COLUMN ENTITLED "BEACH RESTORATION FUND" SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THAT FUND FOR THE FISCAL YEAR 1985-86; TO REPEAL ALL RESOLUTIONS AND ORDINANCES INCONSISTENT HEREWITH. (Copy of Resolution No. 83-85 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. Mr. Bird moved for the adoption of Resolution No. 83-85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Before roll call, Mr. Bird suggested they ask staff to research their current beach front against the renourishment requirements in the State Statute which will cover beach renourishment in the future. His recollection is that if there is an access point every 1/4 mile or more frequent that the State will do the renourishment without any contri- bution. The point he is making is that it might be less expensive for them to buy access points than renourish their beach. He would like to know (1) how many points they would have to acquire; and (2) at what cost. Vice-Mayor Horenburger stated that at the beach conference held recently, it was her impression that the State is looking at access points every 1/4 mile and may be changing that sometime this year. Mr. Weatherspoon questioned the $20,000 projected funds. The City Manager explained that this is a minimal amount; normally they come back to City Council for larger sums. The Beach Restoration Fund contains consider- ably more than $20,000. At this point the roll was called to the motion. 25. Site Plan Extension - Le Village De Provence Phase II. Council is to consider a request for site plan extension for 18 months to March 22, 1987 for Le Village De Provence Phase II, a proposed 88 unit multi- ple family project, located east of Barwick Road, between the L-32 Canal and High Point Boulevard West. This was approved by the Planning and Zoning Board and the Planning Director subject to conditions two through nine of the Planning Department's memorandum of September 12, 1985 as follows: (2) That no more than ten (10) continuous parking spaces be allowed without a landscaped island. (3) That all the dumpsters be screened. (4) Remove all Brazilian Pepper (Florida Holly), Melaleuca and any Australian Pine trees and replace them with only native tree species. (5) Revise landscape plan to show a minimum of one (1) tree each 40 lineal feet along the perimeter of the property, in addition to the trees required in condition #4 above. - 11 - 10/08/85 (6) Revise the site plan to show: (i) A pedestrian walk around the lake (ii) Identify the recreation facilities proposed and provide pedestrian walks to such facilities. (7) All building walks should be made either of asphalt or concrete material. (8) That the time limitation for this approval pursuant to Sec. 30-22(E) of the Zoning Code be eighteen (18) months. (9) That the conditions of approval of the original site plan remain in effect. Ms. Susan Walker, attorney for applicant, stated that they did not receive notice of this item within enough time to contact their client who is out of the state and she asked for a continuance of this item to the next regular agenda. Mr. Bird moved to postpone this item to their next regular meeting, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 4 to 0 vote. Before roll call, the City Attorney advised that Mayor Campbell could potentially have a conflict of interest in this matter in that Ms. Walker is from the same law firm that the Mayor works with or for. On the Mayor's behalf he will declare a conflict of interest for the record. Mr. Bird requested that Ms. Walker ask her client to have the site plan brought up to the current Code of the City of Delray Beach if approved for the extension. At this point the roll was called to the motion. 26. Site Plan Approval - Rainberry Bay, Sections 3 & 3A. Council is to consider a request for site plan approval for Rainberry Bay, Sections 3 & 3A, a proposed 70 unit single family zero lot line develop- ment, located immediately southwest of the adjoining Rainberry Circle East and Rainberry Circle North Road. The Planning & Zoning Board and Planning Director recommended approval subject to the following condi- tions: (1) That prior to the issuance of any building permit that the property be platted. (2) In light of the fact that this is a planned residential development, accessory structures such as fences should be uniform and be an integral part of the development. (3) That all improvements are to be completed in accordance with the approved site plan. (4) That the time limitation of this approval shall be eighteen (18) months pursuant to Section 30-22(E) of the Zoning Code. Mr. Jackel moved for approval of the site plan for Rainberry Bay, Sections 3 & 3A, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger - Yes. Said motion passed with a 3 to 0 vote. Before roll call, upon question by Mr. Weatherspoon, Mr. Cohn advised that the applicant has agreed to all of these conditions. Mr. Bird declared a conflict of interest on the basis of his wife being a provider of services to the applicant. At this point the roll was called to the motion. Mayor Campbell returned to the meeting at this time. 27. Conditional Use Approval - Bell South Mobility, Inc. Council is to consider a request for conditional use approval for Bell South Mobility, Inc., a proposed 150 foot high communication and transmission facility, located at the southeast corner of S.W. 16th Avenue and S.W. 7th Street. The Planning & Zoning Board and Planning Director recom- mended approval subject to the following conditions: - 12 - 10/08/85 (1) In light of the constraints of adequately screening the tower a solid tree line should be provided along the property line abutting the rights-of-way. In addition, a three tier vegetative buffer should be employed, with large trees such as Mahogany, Live Oak, and Rosewood planted at a height of at least 15 feet for the upper level, flowering trees at a minimum 8 foot height provid- ing the understory or mid-level buffer, and a hedge filling in the base. (2) That the only conditional use to be allowed is a trans- mission communication facility. (3) That the height of the transmission tower be no more than 150 feet. (4) That prior to the issuance of a building permit, platting is required or a Unity of Title filed. (5) That a six foot sidewalk be provided along all abutting rights-of-way if and when sidewalks become contiguous to the south. (6) Provide a fire hydrant a maximum of 250 feet from the building. (7) That the site plan be revised to show the following: (i) The topographic conditions on the property and 100 feet off-site. (ii) The existing drainage. (iii) Site data as required according to Sec. 30-21 G(n). (8) That all improvements are to be completed in accordance with the approved site plan. (9) That the time limitation of this approval shall be eighteen (18) months pursuant to Sec. 30-21(E) of the Zoning Code. (10) Provide a place for the City's police antenna array. Mr. Weatherspoon moved for approval of conditional use for Bell South Mobility, Inc., seconded by Mr. Jackel. Upon question by Mr. Bird, Mr. Mario Lizaso, representative for the applicant, described the tower. Upon further question by Mr. Bird, Mr. Lizaso stated that they would be glad to work out a place for the City's police antenna array. Mr. Cohn requested that the nine conditions listed in his memorandum be incorporated into the motion. Mr. Bird asked that they add a tenth condition regarding placement of their police antenna array. Mr. Weatherspoon amended his motion to include the nine condi- tions from the Planning Director's memorandum of August 16th as amended by his memo of October 2nd and Mr. Bird's tenth condition, Mr. Jackel amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28. Appeal to Decision of Community Appearance Board - Atlantic Market and Laundry. Council is to consider an appeal of the CAB deci- sion regarding signs and color of building at the Atlantic Market and Laundry, located at 633 West Atlantic Avenue. Mrs. Norma Bannoura, 4130 N.W. 10th Street, stated that when they took possession of the building the previous owner left it badly defaced, therefore, they painted it immediately, before receiving CAB approval. They made application to the CAB and the CAB requested they make modifications. They made those modifications and after that the CAB denied it. Mrs. Bannoura explained that they are putting a grocery store in this location and presented a photograph of the building which is pink. They feel that pink is a friendly, attractive color and helps make their business visible. Mr. Jackel stated that he has confidence in the CAB and will uphold their decision. Mr. Weatherspoon felt the color of the building was not compatible with the other buildings there. Mrs. Horenburger agreed with the CAB that the shade of pink should be a little softer. Mayor Campbell asked Mrs. Bannoura to try and tone down the color of the building. - 13 - 10/08/85 Mr. Bird moved to uphold the decision of the Community Appear- ance Board, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 29. Ordinance No. 111-85 - Atlantic High School Annexation. Ordi- nance No. 111-85, relative to a request by the School Board of Palm Beach County to annex a 37.33-acre parcel subject to R-1AA (Single Family Dwelling) District, located on the east side of Seacrest Boule- vard between N.E. 22nd Street and Decarie Street, is before Council for consideration on First Reading. If passed, Public Hearing will be on October 28th. The City Manager presented Ordinance No. 111-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD BETWEEN N.E. 22ND STREET AND DECARIE STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 111-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Weatherspoon recalled a consensus reached whereby neither Delray Beach nor Boynton Beach would annex the high school into their City, therefore, he questions if this annexation is legal. The City Attorney stated he does not know of a formalized agreement; there was a gentleman's agreement which he feels is not a valid one. Secondly, even if there was an agreement he does not think it would bind future Councils. This action would cancel such an agree- ment, if there is one, and he has no problem with Council annexing the high school. Mr. Bird advised that he did ask for that document or minutes from a meeting where such an agreement occurred. No one has been able to provide him with anything. At this point the roll was called to the motion. 30. Street Sweeper for Public Works Department. Council is to consider award of a contract to Municipal Equipment Company for a FML Vanguard 3000 HD street sweeper in the amount of $66,500, with funds to come from the Insurance Fund-Claims. Approval is recommended. The City Manager stated there is a point of controversy in that they are not recommending the low bidder in this instance and there are representatives from H.F. Mason Equipment Corp. who would contest the award to FML Vanguard. This recommendation came after Mr. Church visually inspected each item on the bid list to make sure they were in compliance. They were all in compliance; however, he felt that the FML Vanguard would do a better job for the City as compared to the Elgin Pelican which they had and which expired in a fire. The City Manager added that he concurs with Mr. Church's recommendation to award the contract to FML Vanguard. Mr. Frank Hill, H.F. Mason Equipment Corp., read a letter into the record, copies of which he distributed to Council Members. The letter stated that they bid according to the City specs and were the low bidder and therefore, expected to be awarded the bid. It further stated that the Elgin Pelican, which the City purchased from them was destroyed by a fire, which apparently was started due to a faulty hose or fitting. They cannot be held liable for a hose as that hose might have been - 14 - 10/08/85 replaced any number of times by the City. Mr. Hill added that the cities of Miami Beach, Miami, Boynton Beach, Key West, and others have Elgins and have had no problems with them. He stated that they do not feel Mr. Church is basing his recommendation on performance. They feel he is basing it on the fire. The City Manager disagreed and added that the matter of whether or not Elgin or Mason Equipment Co. is liable is now being dealt with by their attorneys and insurance company. In fact, Elgin has offered to make a settlement which the City turned down because of the small amount of money. He referred to a copy of a breakdown of street sweepers which Mr. Church made which note the differences between the machines. Mr. Church felt the Vanguard far exceeded the minimum specifications which is why he recommended it. It had nothing to do with whether or not there was a fire. That is a separate issue which is being handled. Mr. Hill noted that in the bid, on page 9 of 16, item 4 states in parentheses-squeegee type not acceptable. He noted that that is exactly what the FMC is. Mr. Gate Holmes, Elgin Manufacturing Co., advised that they did not offer a settlement; they saw some value in the machine in its destroyed condition and so they made an offer to take it back. Since they complied in every way with the bid specifications and since there are six areas where the recommended bidder does not comply, he strongly opposes this award and will make a formal complaint. In the bidding process, the person who adheres to the specifications and is at least an 8% lower bid should be granted some consideration. The City Attorney advised that if it is Council's desire to go along with the City Manager's and City Engineer's recommendation, the motion should include a waiver of any technical nonconformities with the bid specifications by that contractor. The allegation has been made that they did not comply. He does not know if it is a fact, but assum- ing it is the motion should include that waiver. Mr. Bird questioned what constitutes a noncompliance and asked how tightly defined the specs were. Further, he asked how often that type of hose, which is believed to be the culprit in the fire, is routinely changed, repaired, removed or replaced. Mr. Bird stated his presumption would be that the City had no occasion to remove or replace that hose. Mr. Hill concurred but added that there are no inherent hose problems with these machines. Mr. Weatherspoon stated he has a problem here regarding compliance with the specifications. The City Manager advised that Mr. Church felt that Vanguard complied with the specifica- tions as drafted. Mr. Holmes stated that the squeegee is only one of six areas of noncompliance. Mr. Bird suggested deferring the item to workshop and putting it on the next agenda after that for final action or, perhaps, make it a special agenda item for a special meeting to precede next week's work- shop with Mr. Church available for input. Council concurred. Mrs. Horenburger left the Council Chambers at this time. 31. Ordinance No. 112-85 - Seacrest Shops Annexation. Ordinance No. 112-85, relative to annexing a 4.2-acre parcel subject to LC (Limit- ed Commercial) District, located on the west side of Seacrest Boulevard, between Pineridge Road and Tangerine Trail, is before Council for consideration on First Reading. If passed, Public Hearing will be held on November 12, 1985. The City Manager presented Ordinance No. 112-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE WEST SIDE OF SEACREST BOULEVARD, BETWEEN PINERIDGE - 15 - 10/08/85 ROAD AND TANGERINE TRAIL; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 112-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 32. The City Manager requested authorization to have a discussion with the County to finish out that section at Atlantic High School where the Aquacrest Pool is. The City Attorney noted that the pool is on County property, not School Board property. Council concurred. Mayor Campbell declared the meeting adjourned at 9:30 P.M. ATTEST: The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 8, 1985 which minutes were formally approved and adopted by the City Council on~,~. /Ff~/--. NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 10/08/85