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03-27-84 5~RC~-27~'198~ A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:04 P.M., Tuesday, March 27, 1984. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Arthur Jackel Council ~,~ember Edward L. Perry Mayor Willard V. Young Absent - Council Member Doak S. Campbell Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. The opening prayer was delivered by ~. Maurice AnapolsKy, President of Temple Emeth. The Pledge of Allegiance to the flag of the United States of America was given. ~. Bird moved for approval o~ the minutes of the Regular Meeting of March 13, 1984 and Special Meetings of March 7, 1984, March 14, 1984, March 15, 1984 and March 16, 1984, seconded by ~. Perry. Said motion passed unanimously. 5~'~1~ ~"~i~h~l~t~, representing Rainberry Estates, re- quested that Council approve their final plat which has met with all the requirements of staff and the zoning regulations. Mike McDaniel, Planning Director, advised that this petition came before the Plannin9 and Zoning Board this morning. As part of the standard review process the plans were circulated to all the concerned City departments and approved by them. They were then presented before the Planning and Zoning Board, and after considerable discussion the Board recommended, by a vote of 5 to 2, that the plat be denied. They felt the small size of the lots on the north side of the proposed road are incompatible with the larger lots in the Lone Pine Subdivision. Upon question by Mayor Young, ~. McDaniel stated the Board did feel that the lots, as proposed, in Rainberry Estates would be com- patible with the Rainberry Bay subdivision to the south. Upon question by ~. Jackel, Mr. McDaniel stated the only reason given in recommending denial was that the Board felt the small size of the lots on the north side of the proposed road are incompatible with the larger lots in the Lone Pine Subdivision; they further recom- mended that consideration be given to making the lots on the north side of the proposed road larger to address this concern. Mr. Jackel moved to approve the final plat submitted by Rainberry Estates, seconded by Mr. Bird. Upon roll call Council vote~ as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 3 to 1 vote. Before roll call, upon question by Mr. Bird, Mr. McDaniel stated that the plat shows the size of the lots to be 100 feet wide except for seven on the north side which are 95 feet wide. The lots in the Lone Pine subdivision are approximately .8 acres each. ~. Morton advised that the lots in Lone Pine are 180 feet x 180 feet. At this point the roll was called to the motion. 5~%2~i Flt%'Btiah'$~hg, President of Delray Jaycees, requested that------~hey be given permission to run a fund-raiser this Saturday, harch 31st, from 9:00 A.M. until 5:00 P.M., at the intersection of Linton Boulevard and Federal Highway to raise money for Leukemia. He explained that the fund-raising would be in the form of a highway holdup and that all their members will be wearing a leukemia tee-shirt. Upon question by Mr. Perry, as to whether or not there ~s a Statutory preclusion against highway holdups, the City Attorney stated that as this intersection is a state highwa~ the Delray Jaycees should check with DOT as there may very well be a preclusion. Mr. Bird stated that they are only being asked to provide an authority for fund-raising; whether or not the specific fund-raisin9 they are anticipating can be done is somethin§ they will have to check with the other authorities. Mr. Bird moved that Council provide the authority for the Delray Jaycees to enter into fund-raising for Leukemia on Saturday, March 31st, seconded by Mr. Perry. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Perry questioned whether or not the Delray Jaycees have gone through all the correct procedures required in obtaining permission to solicit funds. If they have not, then he would assume that they will take care of all those things before Saturday. The City Attorney clarified that the motion is on the con- dition that they file, in a timely fashion, the required documents prior to the fund-raising. At this point the roll was called to the motion. 5~&~3~ D~%~"Ahd~W-~ll stated that it has come to his attention t~at in a lot of areas in the City, where the zoning is single family, there is more than one family living in the house. He questioned what recourse a homeowner has if this does happen and it is a clear viola- tion. The City Attorney stated that the single family zoning does permit five unrelated persons to constitute a family; however, they have taken the stance, on other occasions, that when you bifurcate the dwel- ling residences you could be making yourself into multi-dwellin9 units on a single family lot. The methodology would be to report a problem to the Building Department's Code Compliance Division. 5~a~ Fft~"'Ph~lli~Pl~, 409 Lake Drive, stated that the recre- ational impact fee, which was discussed at the last regular meeting, was initiated and recommended by the Planning and Zoning Board. The intent of the ordinance was that it did not matter where the funds were genera- ted, the City Council should have had the perogative to spend them on a priority need basis. She recommended that Council look at the ordinance again and revise it to eliminate the wording that the monies have to be spent within proximity of where they are collected. ~=. Bird stated that when Council adopted the ordinance they did so based on some sound legal precedence which indicated that where they collected impact fees indeed required~that the neighborhood facil- ity be constructed with fees collected within that neighborhood. The City Attorney stated he feels they would have an ex- tremely difficult time proving factually that the entire City of Delray Beach constituted a nexus to the impact fee source. The impact fee is essentially in lieu of park land; if the City takes the money instead o~ land, then the money ought to be spent where the land would have been. 51611~ Mr. Jackel stated that as Mrs. Horenburger will shortly be leaving the Planning and Zoning Board this leaves one opening. They have received many applicants for the position; however, he would like to recommend the name of Robert J. Ellis. - 2 - 03/27/84 Mr. Jackel moved to appoint Mr. Robert J. Ellis to the Planning and Zoning Board, seconded by ~. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mrs. Horenburger stated she finds herself in the awkward and uncomfortable position of being replaced before she is throu9h. She questioned the appropriateness of making this decision tonight when she has another meeting she is planning to attend on Thursday morning. 5~. Jackel amended his motion to make the term effective March 30th, Mr. Bird amended his second. At this point the roll was called to the motion. 5~b~2~ ~ayor Young stated he would like to see a committee estab- lished called the Beach Committee on which would be appointed Mrs. Matthews, Hr. Ellingsworth and anyone else Council would wish to have appointed; however, it would not have more than five members. The purpose would be to maintain the condition of the beach, shelters, foliage, etc. Mr. Bird stated although it is the ~ob of the ParKs Depart- ment to maintain the beach, he feels another watchdog committee will make sure things do not get deplorable before they are corrected. Be suggested that the committee be named by the Mayor and serve at his pleasure. Mayor Young stated he would be willing to have that done and he will reserve the appointment of that committee until the new Mayor is seated. Mr. Perry stated he feels the City does not need another watchdog committee; as soon as they see something they do not like they will come crying to the City Manager or Council, as did the Golf Advi- sory Board. Upon question by Nr. Bird, the City Attorney stated from a practical standpoint the committee would have no bindin9 authority; however, he would be concerned about insurance protection and reimburse- ment for expenses, etc. The City Attorney stated he would like to clarify that regarding the plat approval, re: Rainberry Estates, the motion should include all the things they normally condition final plat approvals upon. 5~d%T~ The City Manager advised he has received a letter from the Chairman of the City of Tampa City Council regardin9 some proposed legislation to put Cities in a position whereby they could not control, through zoning, the placement of mobile homes. He would like Council to read the letter and have the information in case they wanted to make any responses to the Legislature. 5~d%2~ The City Manager stated that within the next few weeks Council will have to respond back to the County regarding the Commission Erosion Prevention District Steering Committee which they were advised the County wished to form. The County has asked him to submit the name of an elected official; however, he is not sure if that was officlally done by Council. Mr. Bird stated both of the above items were items for. discussion before the Municipal League of Palm Beach County. ~ith regard to the mobile home issue, Senator Johnston thought that it would find very little favor because of the breadth of it and the fact that it removes zoning control over types of appropriateness of housin9 in various areas. Regarding the erosion control district, the Municipal League, which would normally submit names as being representative of all the municipalities, has chosen a hands-off situation. He feels that this Council should give it their best shot with the strongest team they can as they have a tremendous investment to protect. He suggested that an appropriate time to decide this would be the first workshop meetin9 after the organizational meeting. - 3 - 03/27/~4 5'~d%3% The City Manager stated several months ago Council appointed a committee on Council renumeration. He is bringing this back to Coun- cil as this is the last meeting of this Council. The committee's recom- mendation was that Council's salary should remain the same but the out of pocket expenses be adjusted. They recommended that the allowance be increased to $225 per month for the Mayor and $150 per month for Council Members. He is bringing this back before Council to make sure it is still on the agenda. Mr. Jackel moved to accept the recommendation of the com- mittee that Council's salary remain the same but that the out o~ pocket expenses be increased to $225 per month for the hayor and $150 per month for Council Member, seconded by Mr. Perry. Before roll call the following discussion was had: Mr. Perry stated he feels this recommendation is a way of getting around having to call it an increase in salary. Also, if they were to vote a salary increase tonight it would not take effect for another year; however, this would have no such preclusion and would be effective immediately. Mr. Bird suggested that perhaps they should put a limit on the expense money, on a monthly basis, and file it, in which case it would be a direct compensation for expenditures. Mr. Bird made a substitute motion that Council expenses be authorized not to exceed $150 per month, the hayor's expenses not to exceed $225 per month, those amounts, whatever those amounts are, to be justified and submitted on a monthly basis on a voucher, seconded by hr. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; ~. Jackel - Yes; Mr. Perry - No; ~4ayor Young - Yes. Said motion passed with a 3 to 1 vote. Before roll call, Mr. Perry stated that he cannot see $150 per month and $225 per month as being reasonable figures. At this point the roll was called to the motion. ~ Mr. Bird moved for approval of the agenda, seconded by ~. Jackel. Said motion passed unanimously. PUBLIC"HEARING O~ih~h~-N~'~'13~8~-~'~h~ll'Oil'CO~h~"A~h~ti~h% Ordi- nance No. 13-84, relative to annexing a 0.6-acre parcel subject to G~ (General Commercial), is before Council for consideration on ~econd and FINAL Reading. The property is located at the southeast corner of Atlan- tic Avenue and Congress Avenue. Prior to consideration o~ 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. 13-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 13-84 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. - 4 - 03/27/~4 Mr. Bird moved for the adoption of Ordinance No. 13-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; 5Lr. Jackel - Yes; ~4r. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 8'~ O~dih~h~N~% ' 15~84~- ~" Oh~h~ih~' th~' Cit~~ ~" Lah~~ U.~'~ Pl~h D~i~hati6~% Ordinance No. 15-84, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located at the southeast corner of Atlantic Avenue and Congress Avenue (Shell Oil Company), 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. 15-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE CO~iPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 18, TO~SHIP 46 SOUTH, RANGE 43 EAb~r FROM I-IN- DUSTRIAL TO C-COMF~F. RCIAL; AS~NDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 15-84 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. Jackel moved for the adoption of Ordinance No. 15-84 on Second and FINAL Reading, seconded by 5~. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Jackel - Yes; hr. Perr~ - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 9'~ Ot~in&h~ 'NO'~'~ 23~84- -'" U~datin9~' Li~' ~t~" C~- ~tO~F 1976'- t~ I---~81: Ordinance No. 23-84, amending Chapter 11 "Fire Protection and Prevention" of the Code of Ordinances updating the life safety code from 1976 to 1981, 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 ~]anager presented Ordinance No. 23-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AglENDING CHAPTER 11, "FIRE PROTECTION ANb PREVENTION", ARTICLE II, "FIRE PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 11-17, "CODES ADOPTED", TO SPECIFY THAT THE REGULATIONS SET FORTH IN THE 1981 EDITION OF THE NFPA PAMPHLET 101 OF THE LIFE SAFETY CODE SHALL BE IN FORCE IN THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 23-84 is on file in the officZal 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. Perry moved for the adoption of Ordinance No. 23-84 on Second and FINAL Reading, seconded by 5=. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; ~. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. - 5 - 03/27/84 CONSENT"AGENDA Mr. Bird requested that a minor change be made to Item 16 on the Consent Agenda to specifically include, within the authority that they will grant on the Consent Agenda, the specific authorization to serve alcoholic beverages during the period of the use of that property on April 28th and 29th. It is his recollection and that of the City Attorney's that they have only exempted one City building for that purpose. The following items are to be considered by Council as the Consent Agenda: 101 N~W'~'5th'A~h~I~t~9~ht~'~ Council is to consider authorizing Barker, Osha and Anderson to prepare plans for improvements to N.W. 5th Avenue. ~-~tl~"L~a~% Council is to consider approving solicitation of funds on April 7th. Approval is recommended. ~-~Hl'-POB%'~T41'~ Council is to consider approving solicitation of funds on April 12 through April 15, 1984. Approval is recommended. I31 T~n%~'P~it-R~q~t'Z"A~i~ah"Cah~-SO~i~t~% Council is to consider a request for a 40 x 60 canopy to be erected at the Harbor Centre parking lot, 1801 South Federal on ~4arch 30th. The Security Vault will host a dance from 6 to 9 p.m. benefiting the American Cancer Society. Approval is recommended. Wa%~"Tt~at~ht"Plaht-Filt~l Council is to consider an award of a contract to the low bidder, Lanzo Construction Company, in the amount of $743,500 for two water treatment plant filters, with funds to come from the 1983 Water and Sewer Revenue Bonds. Approval is recom- mended. 15~ COhditi~hal'UB~-'ADD~OgaI'=' ~h~ll-Oil'Btatk~i Council is to consider a request for conditional use approval to allow the addition of a pump island and canopy at the Shell Oil Station, located at the southeast corner of Atlantic Avenue and Congress Avenue. This was approved 7-0 by the Planning and Zoning Board, subject to the following conditions: (1) Engineering Division's memorandum of January 11, 1984; (2) Fire Marshal's memorandum of January 13, 1984; (3) That the only conditional use to be approved hereunder is a gasoline station; (4) That all improvements be completed in accordance with the approved site plans; (5) That the time limitation of this approval pur- suant to Section 30-21 (E) of the zoning code be one year. Wih~°"ah~'Ch~"'Pa~%~l Council is to consider a request Dy the Delray Affair Committee of the Chamber of Commerce for use of the Adult Recreation Center for a wine and cheese party on April 28th 'and April 29th for the purpose of purchasing new holiday street decorations. NOtth'~F~d~tal-~ghWa~'&hd'-Diki~Hi~hWa~-~J&ha~Chiek~h)~ Resolution No. 27-84, requesting permission from the Palm Beach County Board of Commis- sioners to rezone land to be annexed from CG (General Commercial) (Coun- ty) to GC (General Commercial) (City), is before Council for considera- tion. - 6 - 03/27/84 The caption of Resolution No. 27-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORI DA STAT U~E S 171. 062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CG (GENERAL COM~F. RCIAL) DISTRICT TO THE CITY'S ZONING CLASSIFICATION GC (GENERAL COM~IF. RCIAL) DISTRICT. (Copy of Resolution No. 27-84 is on file in the otficial Resolution Book) Mr. Perry moved for approval of the Consent Agenda with the minor change to Item 16 as suggested by Mr. Bird, seconded by ~r. Jackel. Said motion passed unanimously. REGULAR~ AGEN DA I8'~ A~iht~t' ~' C~a~~ Ehf~~ht~'B~d: Council is to con- ~--~er the appointment of Donald Dilley to the unexpired term of Oral C. Craft on the Code Enforcement Board to a term ending January 14, 1986. ~. Perry moved to appoint Donald Dilley to the unexpired term of Oral C. Craft on the Code Enforcement Board to a term enGin9 January 14, 1986, seconded by ~. Bird. Said motion passed unanimously. I9'~ A~Oiht~ht~- ~ CiVil- ~i~~ B~d: Council is to consider th'e appointments of virginia Cady and Leonard Syrop to the Civil Service Board to terms ending April 1, 1986. Mr. Bird moved to appoint Virginia Cady and Leonard Syrop to the Civil Service Board to terms ending April 1, 1986, seconded by ~. Perry. Said nDtion passed unanimously. ~a~tin~' $it~' PI&~' M~di~i~ati~h~% Ordinance No. 21-84, amending Chapter 30 "Zoning" of the Code of Ordinances to allow administrative approval of non-impacting site plan modifications, is before Council for consideration on First Reading. The proposed amendments will also establish a $100 fee for minor site plan modifications. If passed, Public Hearing will be held April 10, 1984. The City Manager presented Ordinance No. 21-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, AMENDING CHAPTER 30 "ZONING" , SECTION 30-21, "CONDITIONAL USES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 30-21 (F) , "MODIFICATION OF APPROVED CONDITIONAL USE", AND ENACTING A NEW SECTION 30-21(F) "MODIFICATION OF APPROVED CONDITIONAL USE" , BY ALLOWING ADMINISTRATIVE APPROVAL OF NON-IMPACTING SITE PLAN MODIFICATIONS; PRO- VI DING AN APPEAL PROCEDURE FROM S~AFF DECISIONS TO THE PLANNING AND ZONING BOARD AND ESTABLISHING A $100.00 FEb FOR ~]INOR SITE PLAN MODIFICATIONS; PROVIDING A ~AVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. 5~. Bird moved for the adoption of Ordinance No. 21-84 on First Reading, seconded by 5~. Perry. Said motion passed unanimously. Upon roll call Council voted as follows: Mr. Bird - Yes; 5~. Jackel- Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. 21~ O~ihah~' NO:' 2~8~~' ~ ThreshOld~ B~ildih'~ Ordinance No. 24 -84, amending Chapter 9 "Building and Construction" of the Code oZ Ordinances requiring a special inspector for threshold buildings, is before COuncil for consideration on First Reading. If passed, Public Hearing will be held April 10, 1984. - 7 - 03/27/84 The City 5]anager presented Ordinance No. 24-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, AMENDING CHAPTER 9 "bUILDING AND CON- STRUCTION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH , FLORIDA, BY ENACTING A NE%~ ARTICLE XVIII, "SPECIAL REQUIREMENTS OF THRESHOLD BUILDINGS"; PROVIDING DEFINITIONS; ESTABLISHING THE PROCEDURES OF THE BUILDING DEPARTMENT REGARDING SPECIAL INSPECTION SERVICES FOR THRESHOLD BUILDINGS; SETTING FORTH THE DUTIES OF O%~ERS OF THRESHOLD BUILDINGS TO PROVIDE SPECIAL INSPECTION SERVICES, TO REQUIRE THE SPECIAL INSPECTOR TO PROVIDE PROFESSIONAL LIABILITY INSURANCE, TO ~%INTAIN INSPECTION RECORDS, TO FILE TRUE COPIES OF INSPECTION RECORDS, AND TO COMPLETE AFFIDAVITS PRIOR TO AND AT THE TERhINATI~N OF EMPLOYMENT AS A SPECIAL INSPECTOR ON THE PROJECT; SETTIN~ FORTH THE FORM OF THE AFFIDAVITS; PROVIDING ADDITIONAL REQUIREMENTS FOR THRESHOLD BUILDING; PROVIDING SECTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 24-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council vote~ as follows: Mr. Bird - Yes; ~r. Jackel - Yes; 5~. Perry - Yes; hayor Young - Yes. Said motion passed with a 4 to 0 vote. O~dih&h~'~NO% ~' 25~84'' ~ D~,]~~ Pl~'Z&"R~Ohih~ Ordinance No. 25-84, relative to rezoning a 1.63-acre parcel of land from RM-10 (~ul- tiple Family Dwelling) District to SAD (Special Activities District), located east of Federal Highway between Avenue H and Avenue J, is before Council for consideration on First Reading. If passed, Public Hearing will be held April 24, 1984. The City 5~anager presented Ordinance No. 25-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRE- SENTLY ZONED RM-10 (MULTIPLE FAhILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES DISTRICT), BEING A 1.63 ACRE PARCEL OF LAND LOCATED EAST OF FEDERAL HIGHWAY BETWEEN AVENUE "H" AND AVENUE "J", SAID LAND BEING IN BLOCKS 27 AND 28 ACCORDING TO THE PLAT OF DEL RATON PARK SUB- DIVISION, AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AKA DUMAR PLAZA, A SUBDIVISION AS RECORDED IN PLAT BOOK 44, PAGES 188 AND 189 OF THE PUBLIC RECORDS OF PAL~I BEACH COUNTY, FLORIDA, LESS THE WEST 118 FEET OF DUPER PLAZA, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AS~NDING "ZONING ~P OF DELRAY BEACH, FLOR- IDA, 1983". The City Attorney read the caption of the ordinance. ~. Bird moved for the adoption of Ordinance No. 25-84 on First Reading, seconded by ~]r. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; ~ff. Perry - Yes; hayor Young - Yes. Said motion passed with a 4 to 0 vote. 23% O~dih&h~' NO~ ~ 26~8~~ ~' Jah&~ Chi~k~h'~ Ahh~katiOh: Ordinance No. 26-84, relative to annexing an 0.9-acre parcel sub3ect to GC (Gen- eral Commercial) District, is before Council for consideration on First Reading. The property is located south of Gulfstream Boulevard between North Federal Highway and Dixie Highway. If passed, Public Hearing will be held April 24, 1984. . - 8 - 03/27/84 The City Manager presented Ordinance No. 26-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH FLORIDA, ANNEXING TO THE CITY OF DELRAY BEAC~ A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTIN~ MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTH OF GULFSTREAM BOULEVARD BETWEEN NORTH F~DERAL HIGHWAY ANb DIXIE HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. 5~. Perry moved for the adoption of Ordinance No. 26-S4 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Jackel - Yes; ~. Perry - Yes; hayor Young - Yes. Said motion passed with a 4 to 0 vote. ~]ayor Young declared the meeting adjourned at 8:15 P.h. ~ ~ City Clerk ATT E ST: 5~A YO R The undersigned is the City Clerk of the City o~ Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of ~arch 27, 1984, which minutes were ~or- mally approved and adopted by the City Council on ~ ~ ~F~. · ~ City Clerk 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. - 9 - 03/27/84