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09-13-83 SEPTEMBER' 13,' 1983 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by ~ayor Willard V. YOung in the Council Chambers at City Hall at 7:01 P.M., Tuesday, September 13, 1983. Roll call showed: Present - Council Member Malcolm T. Bird Council ~ember Doak S. Campbell Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City ~mnager William H. Law, Jr., and City Attorney Herbert W.A. Thiele. 2: The opening prayer was delivered by Mayor Willard V. Young. 3. The Pledge of Allegiance to the flag of the United States of America was given. Mr. Bird moved for approval of the minutes of the Regular Meeting of August 23, 1983, seconded by Mr. Perry. Said motion passed unanimous ly. 5~&11'. T~by~Wa~, 520 S.W. 15th Terrace, stated that he has been having a problem with vandalism and requested that the City assist him in protecting his property. 5~b~l: ~. Campbell stated that some time ago they discussed the possibility of looking into the rules and regulations regarding admin- istrative costs being assessed when a Board handles matters of code violations. He questioned whether or not they have determined what a realistic cost would be. The City Manager replied that this is still under study and they are trying to work out some kind of evaluation with the hel£~ of the City Attorney. 5~.b%2~ Mr. Campbell noted that Council had moved to appoint Digby Bridges to the Planning and Zoning Board and that Del Swilley had re- signed from the Board of Adjustment. Mr. Campbell moved that Bill Tison, presently an alternate member, be appointed as a regular member, Sam Portnay be appointed as an alternate member and Steven Lyons be appointed as a regular member to the Board of Adjustment, seconded by Mr. Bird. Said motion passed unanimously. 5~b',3~ ~r. Perry stated that there are many buildings in the City which are in a state of disrepair. Now that they have a larger code enforcement group he would like to see more attention paid to these bu i l d in g s. ~]r. Perry also requested that the Administration address the cleaning and maintenance of City Hall. 5:b~ Mayor Young read a proclamation proclaiming 1983 as "Yhe 'Year of the Bible". There were no Non-Agenda items by the City Attorney. 5~d~l'~ The City Manager requested that Council consider a request 'from Rainberry Villas to allow them to receive curbside garbage service. Mr. Bird moved that the Administration be authorized to negotiate the change to the contract, seconded by ~n~. Perry. Said motion passed unanimously. 5~d~2'~ The City Manager stated he has received a letter from the Democratic Club requesting that Council consider the beautification of Linton Boulevard, east of 1-95. 6~, Mr. Jackel moved for approval of the agenda with the excep- tion of item 20, to be postponed until such time as the Administration furnishes Council with the information requested last week, seconded by Mr. Perry. Mr. Bird stated that if they were to approve item 20 tonight it would authorize the Administration to advertise for bids and would give Council specific information relative to cost. He feels that it would be more productive to allow this portion to continue and then Council can do their definitive study once they have the final cost f i gures. The City Manager stated that if Council were to aFprove this he could have a list prepared of the items being requested for next week's workshop meeting. Council could then determine which items they feel are necessary. Mr. Jackel amended his motion to approve the agenda as is. Mr. Campbell requested that item 31 be tabled until the next regular meeting. Mr. Campbell made a substitute motion to approve the agenda with the exception of item 31, seconded by Mr. Bird. Said motion passed unanimous ly. PUBLIC~ HEARING 7. O~din&h~e ~ NO ~ ~ 55~83~R~hin~'~ Req~e~%~Ce~ti~ied' AutO~ Re~air~- Or---dinance No. 55-83, relative to rezoning from Rh-10 (~ultiple Family Dwelling) District to SC (Specialized Commercial) District, is before Council for consideration on Second and FINAL Reading. The property is located at the northeast corner of Dixie Highway and Lindell Boulevard. 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. 55-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R~-10 (MULTIPLE FA~iILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, TRACTS E, F AND G, TROPIC PALMS, PLAT NO. 1, AS SAME IS RECORDED IN PLAT BOOK 25 A~ PAGES 99-102, INCLUSIVE, OF ~£HE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHEAST CORNER OF DIXIE HIGHWAY AND LINDELL BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA 1983". (Copy of Ordinance No. 55-83 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. Perry moved for the adoption of Ordinance No. 55-83 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird -Yes; Mr. Campbell- Yes; Mr. Jackel- Yes; 5~. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 2 - 9/13/83 8....i.. o~dinahde NO':' 56~83 - ' chan'~ing" the ~ Cit~' s" Land' USe' Plah De~igh~ti6h. Ordinance No. 56-83, relative to changin9 the City s Land Use Plan Designation in the Comprehensive Plan for a parcel of land located at the northeast corner of Dixie Highway and Lindell Boulevard from MF-10 (Multiple Family) to C-Commercial (Certified Auto Repair), 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 ~nager presented Ordinance No. 56-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR TRACTS E, F, AND G, TROPIC PALMS PLAT NO. 1, AS SAS1E IS RECORDED IN PLAT BOOK 25, AT PAGES 99-102, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHEAST CORNER OF DIXIE HIGH~AY AND LINDELL BOULEVARD, FROM ~-10 (MULTIPLE FAMILY) TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 56-83 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 comi~liance 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. 56-83 on Second and FINAL Reading, seconded by 5~r. Perry. Upon roll call Council voted as follows: ~;£r. Bird - Yes; Mr. Campbell - Yes; hr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. NOTE': There was no item 9 on the agenda. O~dinan~-N~' 57~83'- Ch~h~ih~ ~h~' City~' Land' use' Plan D~.Ai~hati~n'i Ordinance No. 57-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located south of Gulf Stream Boulevard, between Webb Avenue and Dixie Highway from SF (Single Family) to C (Commercial), 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 hearin9 has been scheduled to be held at this time. The City ~ianager presented Ordinance No. 57-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COS~PREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM SF SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 57-83 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. 57-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; hr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 3 - 9/13/83 11~ ordinance'N~'.' 58-83 ~ chan'~in~ the Cit~"s Land Use Plan Desi~natioh'~ Ordinance No. 58-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located west of ~ebb Avenue, between Gulf Stream Boulevard and Atlantic High School from SF (Single Family) to 5~-6 (~ultiple Family), 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 ~anager presented Ordinance No. 58-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF L~ND LOCATED IN SECTION 4, TO¥~SHIP 46 SOUTH, RANGE 43 EAST, FROM SF SINGLE FAMILY TO MF-6 MULTIPLE FAhILY; AS~NDING THE LAND USE PL~; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 58-83 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 Cit~' of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 58-83 on Second and FINAL Reading, seconded by F~. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; hr. Jackel - Yes; Mr. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 5 to 0 vote. 12, OrdinanCe'No. 59~83'-'chan~in~"th~ City's Lan~ Use Plan Desi~hation~ Ordinance No. 59-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located north of Allen Avenue, between Federal Highway and the Intra- coastal ¥~terway from SF (Single Family) to ~-10 (hultiple Family), 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. 59-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTION 9, TO%~SHIP 46 SOUTH, RANGE 43 EAST, FROM SF SINGLE FAMILY TO MF-10 MULTIPLE FAMILY; A~NDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 59-83 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 o~ the City of Delray Beach, Florida. The public hearing was closed. Mr. Perry moved for the adoption of Ordinance No. 59-83 on Second and FINAL Reading, seconded by 5~. Jackel. Upon roll call Coun- cil voted as follows: F~. Bird - Yes; ~r. Campbell - Yes; hr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 131 OrdinanCe NO. 60-83'~Ge~res' AnnexatiOn~ Ordinance No. 60-83, relatlve to annexing a one-acre parcel of land, sub3ect to R-1AA (Single Family Dwelling) District, located north of N.W. 18th Street, i~ extended west, between N.W. 4th Avenue and Lake Ida, 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. - 4 - 9/13/~3 The City 5~anager presented Ordinance No. 60-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CIHY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 4, SECOND ADDITION TO HIGH ACRES, PAL~i BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PAL~i BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 37, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LISiITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATION& OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 60-83 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. 60-83 on Second and FINAL Reading, seconded by ~. Perry. Upon roll call Council voted as follows: ~4r. Bird - Yes; Mr. Campbell - Yes; hr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to ~ vote. 14% ordinance NO. 61-83 - LaScala Annexation, Ordlnance No. 61-83, relative to annexing a 0.485-acre parcel of land, sub3ect to R-1AA (Single Family Dwelling) District, located south of N.W. 22nd Street, between N.W. 4th Avenue and N.%~. 3rd Avenue, is before Councll 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 ~ianager presented Ordinance No. 61-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO HH~ CITY OF DELRAY BEACH LO~ 16, LAKE SHORE ESTATES, ACCORDING TO THE PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH .COUNTY, FLORIDA, IN PLAT BOOK 25, PAGE 26, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LI~4IH$ OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AN~ OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 61-83 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. 61-83 on Second and FINAL Reading, seconded by [~ir. Perry. Upon roll call Council voted as follows: ~r. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 15, Ordinance~ NO,~'62~83'- Delra~~ Shorts"PrOfessional Plaza - Rezonih~~ COnditiohal~ USe, site'and Development Plan'. Ordinance No. 62-83, relative to rezoning to SAD (Special Activities District) and the further conditional use and site and development plan to allow an expan- sion of the permitted office use for an existing professlonal office project, is before Council for consideration on Second and FINAL Read- ing. The property is located south of Lake Ida Road, between Congress Avenue and Davis Road. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. - 5 - 9/13/83 The City ~anager presented Ordinance No. 62-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED RM-10 (5]ULTIPLE FA~IILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 1.44 ACRE PARCEL OF LAND LOCATED SOUTH OF LAKE IDA ROAD, B~.TWLLN CONGRESS AVENUE AND DAVIS ROAD, SAID LAND BEING IN SEC- TION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CON- DITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND A~NDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 62-83 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. 62-83 on Second and FINAL Reading, seconded by ~. Perry. Upon roll call Council voted as follows: ~lr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. I6~ ordinance No. 63-83-South D~lra~ ShOpping Plaza Annexation. O~dinance No. 63-83, relative to annexing a 15.39-acre parcel of land, subject to SAD (Special Activities District), located north of Avenue "L", between Florida Boulevard and South Federal Highway, 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 ~anager presented Ordinance No. 63-~3: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DEL~AY BEACH ALL OF BLOCKS 29, 30, 31 AND 33 OF DEL-RATON PARK ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 10, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ~HICH LAND IS CONTIGUOUS TO ~XISTING ~IUNICIPAL LIMITS OF ~AID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDk SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 63-83 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held havin~ 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. 63-83 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; hr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to U vote. 17. Ordinance No. 64-83 ' Rezonih~ R~uest'- SoUth Delra~ Sho~- ping' plaza. Ordinance No. 64-84, relative to rezoning to SAD (Special Activities District) , located north of Avenue "L", between Florida Boulevard and South Federal Highway, 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 sched- uled to be held at this time. - 6 - 9/13/83 The City Manager presented Ordinance No. 64-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING RS-RESIDENTIAL SINGLE FAMILY, IN PART, AND CG-GENERAL CO~iMERCIAL TO A DEPTH OF 150 FEET ON THE WESTERN BOUNDARY, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT) , BEING A 15.39 ACRE PARCEL OF LAND LOCATED NORTH OF AVENUE "L", BETWkEN FLORIDA BOULEVARD AND SOUTH FEDERAL HIGHWAY; SAID LAND BEING ALL OF BLOCKS 29, 30, 31 AND 33 OF DEL-RATON PA~d< ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 10, PUBLIC RECORDS OF PAL~ BEACH COUNTY, FLORIDA; GRANTING CONDITIONAL USE AND SiTE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLOR- IDA, 1983". (Copy of Ordinance No. 64-83 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 o~ Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 54-83 on Second and FINAL Reading, seconded by ~r. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; ~r. Campbell - Yes; ~r. Jackel - Yes; F~. Perry - Yes; hayor Young- Yes. Said motion passed with a 5 to 0 vote. 18. ordinance NO~. ~8-83' ' Amendin~~ C~de' -'Alarm ~ystems. Ordinance No. 68-83, amending Chapter 2.5 "Alarm Systems" of the Code of Ordinances relative to alarm systems, is before Council for considera- tion on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearin9 has been scheduled to be held at this time. The City Manager presented Ordinance No. 68-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING C~APTER 2.5, "ALARm! SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF D~LRAY BEACH, FLORIDA, BY A~,~'.ND- ING ARTICLE I, "IN GENERAL", BY ADDING A NEW SECTION 2.5-1 "SHORT TITLE", BY RENUMBERING CERTAIN SECTIONS ACCORDINGLY; BY AMENDING SECTION 2.5-1 "DEFINITIONS", TO READ TECHNICALLY CORRECT AND TO DELETE THE DEFINITION OF "ALARSi AGENT" THERE- FROM, BY ADDING A PROVISION TO THE DEFINITION OF "ALARI~ BUSINESS" TO PROVIDE THAT THE MONITORING OF ALARSiS I~ ~N- GAGING IN THE ALARM BUSINESS, BY AMENDING "ALARM SYSTEMS" TO PROVIDE THAT A SYSTE~] ALERTING PEOPLE FOR EVACUATION IS AN ALAR~i SYSTEM, BY PROVIDING FOR THE DEFINITION OF A "FIR~. ALARM SYSTEM" , BY A~NDING THE DEFINITION OF "R~GI~ERED ALARM SYSTEM" TECHNICALLY AND FOR CLARIFICATION REGARDING COSTS; BY AF~NDING SECTION 2.5-4, "TELEPHONE DEVICES PRO- HIBITED'', TO PROHIBIT NON-DEACTIVATING ALARM SYSTEMS EXCEPT FIRE ALARM SYSTEMS; BY AS~NDING SECTION 2.5-6, "POSTING OF NOTICE BY USER", TO PROVIDE THAT NOTICE MUST BE CONSPICUOUSLY POSTED; BY AMENDING SECTION 2.5-7, "MAINTENANCE STANDARD" TO DELETE THE DEEMED COMPLIANCE OF A REGISTERED ALARM SYSTEh AND TO ADD A REQUIREMENT THAT MAINTENANCE OF FIRE ALARh SYSTEMS BE BY A PERSON PROPERLY CERTIFIED; BY AMENDING SECTION 2.5-8, "UNLAWFUL ACTIVATION PROHIBITED" TO EXEMPT AUTHORIZED FIRE DRILLS FROM SAID SECTION; BY AMENDING SECTION 2.5-9, "SERVICE CHARGE FOR EXCESSIVE ALARhS", TO PROVIDE FOR NOTICE TO FIRST- TI~ VIOLATORS OF THE EXCESSIVE ALARMS PROVISION AND EXCUSING SERVICE CHARGE FOR SAMF.; BY ADDING A NEW SECTION 2.5-11, "FAILURE TO PAY SERVICE CHARGE" , BY ADDING A FEE FOR THE ADDITIONAL COST OF COLLECTING UNPAID SERVICE CHARGES; BY ADDING A NEW SECTION 2.5-12, "FINE FOR NONPAYMENT", TO PRO- VI DE FOR A FINE FOR EACH DAY DURING WHICH A SERVICE AND ADMINISTRATIVE CHARGE REMAINS UNPAID AND THAT A LIEN FOR - 7 - 9/13/~3 CHARGES MAY RESULT; BY ADDING A NEW SECTION 2.5-13, "ENFORCE- MENT" TO PROVIDE FOR COLLECTION PROCEDURES FOR UNPAID , A~DUNTS; BY A~NDING ARTICLE II, "SELLING, LEASING, SER- VICING, ETC. ", OF C~APTER 2. 5, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMEND- ING SECTION 2.5-21, "PERMITS REQUIRED", BY REPLACING PERMIT REQUIREMENTS WITH AUTHORIZATION REQUIRE~IENTS, AND BY DELETING THE PERMIT REQUIREMENTS OF ALARM AGENT; BY AMENDING SECTION 2.5-22, "FILING APPLICATION FOR PERMIT, PERMIT FEES" TO REPLACE PERMIT FEES WITH AN INCREASED AUTHORIZATION APPLICA- TION FEE, TO PROVIDE FOR PALM BEACH COUNTY CERTIFICATE OF COMPETENCY REQUIREMENTS, TO PROVIDE FOR PROOF OF INSURANCE REQUIREMENTS, TO PROVIDE FOR FORM OF AUTHORIZATION; BY AS~ND- ING SECTION 2.5-23, "INVESTIGATION OF PERMIT A~PLICANT S; ISSUANCE, DENIAL OF PERMIT" , BY DELETING THE INVESTIGATION PROCESS; BY ADDING A NEW SUBSECTION 2.5-24, "HEARING ", TO PROVIDE FOR INFORMAL HEARINGS; BY RENUMBERING Ai~D AMENDING SECTION 2.5-24, "SUSPENSION AND REVOCATION OF PERMIT ", BY TECHNICALLY A~'~F. NDING LANGUAGE, BY AMENDING SUBSECTION (5) THEREOF TO PROVIDE THAT FOUR EXCESSIVE ALARMS ATTRIBUTABLE TO ONE ALARM SYSTE~I MAINTAINED BY AN ALARM BUSINESS SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF AUTHORIZATION TO ENGAGE IN THE ALARM BUSINESS, BY DELETING PROVISION REGARDING REVOCATION OF ALARM AGENT PERMIT S; BY DELETING SECTION 2.5-25, "ALARM AGENTS TO HAVE PERMITS IN POSSESSION"; BY AMENDING SECTION 2 5-26, "SERVICE RESPONSE" BY DELETING THE , GRACE FROM SERVICE RESPONSE REQUIREMENTS FOR ALARM BUSINESSES AS TO AUTOMATIC DEACTIVATING ALARM SYSTEMS, BY PROVIDING FOR A MINIMUM FINE FOR NONCOMPLIANCE; BY ADDING A NEW SECTION 2.5-26, "VIOLATIONS", TO PROVIDE FOR VIOLATIONS OF CHAPTER 2.5, "ALARM SYSTEMS"; BY ADDING A NEW SECTION 2.5-27, "DIS- CLAIMER" , TO DISCLAIM ANY POTENTIALLY ALLEGED MUNICIPAL LIABILITY AS A RESULT OF CHAPTER 2.5, "ALAR~ SYSTEMS"; ~¥ ENACTING A NEW SECTION 2.5-30 "EFFECT ON FIRE CODES" TO , PROVIDE THAT CONFLICTING FIRE CODE (S) SHALL CONTROL; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 68-83 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. 68-83 on Second and FINAL Reading, seconded by 51r. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Campbell - Yes; ~. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. CON SENT" AGENDA Mr. Bird requested that item 22 be removed from the Consent Agenda and placed as first item of business on the Regular Agenda. The following items are to be considered by Council as the Consent Agenda: I9~: Request~'' f~r SoliCi%ati~h"~f' F~ndS~ -'-FlOrida CohSU~- Fed~r~ atiOh'. Council is to consider approving solicitation of funds from September 12, 1983 to October 12, 1983. Approval is recommended. 20 ~ Fh~hith~e~ - Pa~itiOh-~ '- amd" Pa~kih~" L~t' ~' Cit~" H~II" Expansion &h~"AI%~rati~h~ Council is to consider authorizing obtaining bids for furniture, partitions and parking lot additions and improvements, with funds to come from the City Hall Construction Account. A~t~matic' DO~S'-~ city' Hall" Ex~&h~i~n' ~hd AIt~ati~n.~'- Council is to consider awarding a contract to the low bidder, Automatic Entrances, Inc., in the amount of $5,109.00 to install an automatic front door at the main entrance to the building with funds to come from contributions. Approval is recommended. - 8 - 9/13/83 23% Final' Plat A~rOval .r Lembo-Lu~o Park of Commerce (Phase I). Council is to consider a request for final plat approval for Lembo-Lupo Park of Commerce (Phase I), a proposed industrial building, located at the southeast corner of Congress Avenue and the L-32 Canal. This was approved unanimously by the Planning and Zoning Board. 24~ site~and DeVelo~meht~Plan Apprg~al'-' Rainberr~ Bay, sections 8~''9'. Council is to consider a request for site and development plan approval for Rainberry Bay, Sections 8 & 9, a proposed continuation of the Rainberry Bay development containing 88 single family homes, located north of Lake Ida Road, between Davis Road and Barwick Road. This was approved unanimously by the Planning and Zoning Board, sub3ect to the following conditions: (1) That the standard requirement for sidewalks as set forth at Sec. 24-31(A) of the Subdivision Ordinance be waived; (2) Engineering Division's memorandum of August 9, 1983; (3) City Horticulturist's memorandum of August 10, 1983; (4) That this project be completed in accordance with the approved site and development plans re: Rainberry Bay, Sections 8 & 9, De lray Beach, Florida, prepared by Wantman & Associates, Con- sulting Engineers, 2328 South Congress Avenue, West Palm Beach, Florida, Sheet No. 2 of 3 dated June 1983; and prepared by ~ridian Surveying and ~apping, Inc., 2328 South Congress Avenue, West Palm Beach, Florida, Sheet No. 1 of 1 dated August 5, 1983; and prepared by Urban Design Studio, Suite 600, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, FL 33409, Sheet No. 2 of 5 dated April 1983; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; and (5) That the time limitation of the approval subject to Sec. 30-22(E) of the Zoning Code shall be eighteen months. 25, T~st ~Ii'Pro~ram. Council is to consider award of a contract to the low bidder, Alsag-Pippin Corporation in the amount of $108,225, with funds to come from the 1983 %~ater and Sewer Revenue Bonds. Approval is recommended. R~su~facin~'- PhaSe II. Resolution No. 88-83, awarding a contract to the low bidder, Hardrives, Inc., in the amount of $43,260 to resurface various streets and intersections in the City, with funds to come from the 1982-83 budget, is before Council for consideration. The caption of Resolution No. 88-83 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE AWARD OF A CONTRACT TO RESURFACE VARIOUS STREETS AND INTERSECTIONS IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 88-83 is on file in the official Resolution Book) 271 Sale of Trailer and Air ConditiOner, Council ~s to con- sider authorization to sell and award bid for sale of building depart- ment trailer and air conditioner from Council chamber. f~. Jackel moved for approval of the Consent Agenda, sec- onded by Mr. Perry. - 9- 9/13/83 Mr. Bird made a substitute motion to move for approval of the Consent Agenda with the exception of item 22 to be made first item of business on the Regular Agenda, seconded by Mr. Perry. Said motion passed unanimously. REGULAR~AGENDA Le~'6f~C~the~ine~ stroh~-cehter, council is to consider renewal of a lease agreement from October 1, 1983 through September 30, 1984 between the City and Palm Beach County in the amount of $1.00 for use of th~ Catherine Strong Center. Approval is recommended. Mr. Bird moved that as they have no definitive information the easiest approach might be to instruct the Administration to inves- tigate in what manner the building is deficient with regard to access for handicapped. The Administration could then come back with a specific recommendation and an approximate cost to bring it into compliance and at the same time Council could approve the lease, seconded by 5~. Perry. Said motion passed unanimously. Before roll call, Mr. Perry stated he visited the Center today and the handicapped deficiencies were pointed out to him; to bring it into compliance would cost approximately $11,000. He feels this is a project which is incumbent on Council as landlords and he would like to try and find $11,000 in the budget for this particular area. At this point the roll was called to the motion. 28~ Re~t'ft~"the~Golf~-AdvisO~"B~a~d~ ~S~Ph~lliS'PlUme, Chairman of the Golf Advisory Board, stated that on August 29th the GAB met and Council has been furnished a memo showing the results of that meeting. Before that meeting she and the City Attorney discussed the legal ramifications and their ultimate decision was to go with a com- mission type operation. The following day she met with the City ~mnager who explained how the golf course could be run by an association. She personally feels that it would be a wise way to go; unfortunately, she only received the City Manager's memorandum last night so the golfers have not had the benefit of reading or understanding exactly what is in mind. The City Manager explained that basically his memorandum indicated that he felt it was possible to create an association for the purpose of maintaining and operating the golf course via a leasing mechanism from the City. The association itself could be formulated in a reasonable time frame. It is his understanding that if the GAB could essentially become the association and discuss the general guidelines o~ how they might like to structure the organization, it could be accom- plished in a short time. He feels that the association, once created, could have a Board of Directors, a non-profit status and could operate the golf course as a separate entity. The City is obligated under their bonds to pay them off and to do that from the utilit] taxes if they do not find some other source of funds. In the past the City has found a source and that has been the golf course. He feels it would be possible to frame the document in such a way that the association would con~it to pay those bonds off as a first priority in the operation and maintenance of the course. It should be noted that 5~. Bird left the Council Chambers at 7:45 P.M. and returned at 7:50 P.M. Upon question by 5~. Jackel, Mrs. Plume stated that amon9 the golfers there are many men and women who have great expertise in insurance, etc., and would be willing to serve on an interim board until the first election. Mr. Jackel stated that perhaps they could form a golf com- mission as an intermediary step before going to incorporation to make sure it can be handled by the golfers. He does not feel there is much difference between the two. - ~o - 9/~3/83 The City Manager stated he feels there is a very dramatic difference between a commission concept and an association in that the association would be a totally contained group for the sole purpose of operating and maintaining the course. A commission concept, under the terms and conditions of the City Charter, would require the commission report direct to Council. Mr. Bird stated that he feels there is no group better equipped to make the determination as to where the resources of the club should be spent than the golfers. To leave that final responsibility with Council would be of no improvement. Mr. Perry stated that they are only hearing from a minority of golfers here tonight. He suggested that the GAB should have an educational meeting, have a vote and be able to come back to Council with the results of that vote. Mrs. Plume advised that the GAB has a meeting scheduled ~or next Wednesday and she feels they could come to a decision at that time. Mayor Young requested that this item be postponed until after the GAB's meeting on September 21st. Mr. Bird stated that he has received a letter from the Chamber of Commerce advising that there will be a meeting held September 21st, in Riviera Beach City Hall, 10:00 A.M. until 5:00 P.M., on the subject of annexations. The Florida Advisory Council and Intergovern- mental Relations will be the sponsors of the program. They have asked him to speak and make the same presentation he made in Tallahassee. It appears as if there may be some legislative assistance this year. Mayor Young declared a recess the time being 8:06 P.h. The meeting was reconvened the time being 8:14 P.~. 29~ PrO~oSal~t~' P~ide AUdit'~e~vice~ Council is to con- ~-i~er audito~'proposals. Mr. Bird stated that after having had an opportunity to study the information provided Council he would suggest that they re3ect the firms submitted by staff. Mr. Bird moved to consider the auditor proposals from Ernst & Whinney, Alexander Grant and Cooper's and Lybrand and authorize the Administration to request proposals from these three firms, seconded by Mr. Campbell. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - No; ~r. Perry - No; ~ayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Jackel stated that the information furnished Council is not what they requested from the Administration. He has looked at all the proposals and can not tell the difference between one and another, with the exception of May, Zima. To his knowledge they have done a very satisfactory job in auditing the City. He would like to see hay, Zima given at least one more year so that Council can study this matter further. Mr. Bird stated that in 1981 ~ay, Zima approached Council with a recommendation that Council authorize immediately the undertaking of a rate study for water and sewer rates; there seemed to be some erosion of cash flow and a deficit problem. If Council gave that ap- proval in July of 1981 May, Zima would have had ~]ple opportunity to conduct and provide Council with a rate study. Council responded b~ granting the contract in a timely manner. After many months it was reported that the slight imbalance of cash flow was a $1.4 million deficit in the Water and Sewer Fund. The citizens of De lray Beach paid for that deficit, lack of timeliness and response by the auditors. Be does not feel they have any obligation to reward incompetence. - 11 - 9/13/83 Mr. Jackel stated that he does not see that as a reason to consider a new auditor for the City. It is his understanding that hay, Zima did not get the proper response or cooperation from the Administra- tion at that time, which is why it took Council six months to act on this matter. At this point the roll was called to the motion. 30~ A~~h%~B~%~n' the~ci~-&hd~ stahl~y~'T~te~ R~ali'~nmentof D~Vi~"~ROad'~ Council is to consider authorizing execution of an agree- ment between the City and Stanley Tate relative to the realignment of Davis Road. Approval is recommended. The City Attorney advised that Council has been furnished a document drafted for their approval. The only change to that agreement, as written, is that they received a letter today from the law firm rep- resenting the Tates confirming that they agree to the additional require- ment of providing a security letter of credit or bond with respect to the road work provided for in the agreement. This would be with the condition that the security only be required when the permit is granted by the City and Palm Beach County for the construction of the road improvements. This is acceptable to him and he suggested that Council add this consideration into the agreement. Mr. Bird moved to authorize execution of the agreement subject to the change of language as advised by the City Attorney, seconded by Mr. Perry. Said motion passed unanimously. 32~ W~t~~gi~e"A~~ht~'~Eli~b~th~h~ Dev~lO~nt~"Inc. council is to consider execution of water service agreement with Elizabe- than Development, Inc. for the newly constructed HRS Building in ex- change for right-of-way dedication for the future northward extension of S.W. 10th Avenue from Linton Boulevard. The property is unincorporated and is located east of Germantown Road, Detween S.W. 10th Street and Linton Boulevard. It contains 1.97 acres and is zoned RH (Residential High Density). This site is not contiguous to the City's corporate boundaries. Approval is recommended subject to the following conditions: (1) That the legal description of the property sub- ject to the Agreement be amended 'to include the property to be obtained by Elizabethan Develop- ment as a result of the Georgia Street Extension abandonment application pending before the County; (2) That the Agreement be amended to include the proviso that the Agreement is expressly subject to the transfer of clear title to the City o~ the eastern twenty-five feet of the HRS Building site; and (3) That a deed for the right-of-way dedication be executed by Elizabethan Development and placed in escrow with the City; same shall be recorded by the City upon the County's abandonment of the Georgia Street Extension. Upon question by ~. Bird, Mike McDaniel stated that when this item was first brought up they requested a dedication of right-of- way which they did not have. He has been working with the owner of the property to get that dedication. This has involved an addendum to the original water service agreement which is what they are asking Council to authorize tonight. The owner has committed to provide the City with the right-of-way and they will be getting a deed which will be put in escrow. Mr. Bird moved to authorize execution of an agreement, seconded by Mr. Jackel. Said motion passed unanimously. - 12 - 9/13/83 33~ ConditiOnal~Us~'A~o~aI~C~mberlahd Farms C~nveni~nce~ StOre ahd~GaS~Iihe~St~tioh~, Council is to consider a request for conditional use approval for a proposed convenience store and gasoline dispensing island with two pumps, located at the northwest corner of Lindell Boule- vard and South Federal Highway. This was approved 4-1 (Wallin dissent- ing) by the Planning and Zoning Board subject to the following condi- tions: (1) That the lawsuit contesting the Board of Adjust- ment's action of June 23, 1983, which granted a variance to Sec. 30-17(0)(3) reducing' the re- quired frontage for this project from 150 feet to 125 feet, be resolved in favor of the applicant; (2) Engineering Division's memorandum of July 28, 1983; (3) That the only conditional use to be permitted hereunder is as follows: Gasoline station with convenience food store; (4) That the hours of operation be limited to the hours of 7:00 A.M. to 10:00 P.M.; (5) That this project be completed in accordance with the approved site plans re: Cumberland Farms Convenience Store and Gasoline Station, Delray Beach, Florida, prepared by Gentry and Asso- ciates, Engineering, Land Surveying and Land Planning, P.O. Box 243, De lray Beach, FL 33444, Sheet No. S-1 dated December 14, 1978, updated May 5, 1983; and prepared by James D. Carlton, Inc., Registered Engineers and Land Surveyors, 2829 Okeechobee Boulevard, West Palm Beach, Florida, Sheet No. S-2 dated April 27, 1983, revised ~y 2, 1983; and prepared by Kilday and Associates, Landscape Architects, Planners, 1551 Forum Place, Suite 300E, West Palm Beach, FL 33401, Sheet No. S-3 dated May 5, 1983, revised May 6, 1983, and Sheet No. S-4 dated [~ay 6, 1983; all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval; and (6) That the time limitation of this approval pursu- ant to Sec. 30-21(E) of the Zoning Code shall be twelve months, with said time period commencing with the resolution of the pending lawsuit. Mr. Bird stated that earlier this evenin~ they approved a shopping complex directly across the street from this project and he cannot see the reason for having this convenience store. T~'~W~Ilin, Planning and Zoning Board, stated he did not vote for this project because of the traffic problem involved. R6~S~b~h, attorney representing Cumberland Farms, stated that when they went before the Board of Adjustment they were granted the variance, because the Board felt there was adequate room for ingress and egress. A nearby owner appealed that decision and there is a lawsuit pending. Mr. Campbell stated that he is particularly concerned that this store may become like other convenience stores which allow the conditions on the premises to get into a very poor state. He advised that if this store becomes like that he would be the first one to com- plain and have them cited for violation of the City's code. Kathi~ $~rall, Planning and Zoning Board, stated that one reason they were not concerned about the 150 foot frontage was because the gasoline pumps are not the store's primary use. Mr. Bird ~ved to approve conditional use, subject to the conditions in the Planning Division's memorandum dated August 18, 1983, seconded by Mr. Jackel. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Campbell - No; Mr. Jackel - Yes; Mr. Perry - Yes; ~ayor Young - Yes. Said motion passed with a 4 to 1 vote. - 13 - 9/13/83 Before roll call the following discussion was had: L&~ Meshes, attorney representing Mr. Di~arino, adjoining property owner, stated that his client has many concerns about this convenience store. One of these concerns is the immediate impact on traffic and how this will affect pedestrians. BOb'~HU~sler stated that in looking at the site plan it would appear that the applicant is in violation of the zoning code as there are not adequate turning radii. He has no objection to a convenience store; however, he does not feel a gas station should be there unless the pumps are placed in a situation where there is enough room for turning. The County no longer approves of this type of site plan and he feels the City should not either. ~. Saberson advised that the question of adequacy of the stacking distance and turning was brought up when the application was first filed. They checked with the County to see if they had a standard for such things and found out that they did. This site plan meets that standard and, therefore, does not violate any provision of the Count~'. Mr. 5]eshes stated it is his understanding, pursuant to the zoning code, that there are five parking spaces required per 1,000 square foot of store and in addition to that one parking space for each employee. The store has approximately 2,400 square feet which would re- quire about 14 parking spaces; the site plan shows only 12 parking spaces. Upon question by ~. Bird, Mr. McDaniel stated that the applicant needs to provide one more parking space on the site. Mr. Saberson stated that since the same employee who checks out the groceries will be checking out the gas they do not require another parking space; there is not an additional requirement for a space in general retail. At this point the roll was called to the motion. Mr. Campbell left the Council Chambers at this time due to conflict of interest. 34~ Dead~Ehd~St~t~i~'Ex¢~f I~00~F~t~-'L~Villa~'be~ P~n~ Council is to consider waiving the provision of Section 2~'-30(K) of the Subdivision Ordinance, which limits permanent dead-end streets to a length not exceeding 1,000 feet, for Le Village De Pro- vence, an approved 60 unit multiple family project. This was approved unanimously by the Planning and Zoning Board. Mike McDaniel stated that the original access called for a bridge over the L-32 Canal. The applicants went to the County for a road connection permit and the Board of County Commissioners suggested they come back to the City to see if some alternate means of access could be found. A site plan modification was presented to the Plannin~ and Zoning Board showing their access to go out Barwick Road and a cul-de-sac was put in at the east end of the property to allow a turn around at that point. However, this creates a road in excess of 1,000 feet; the Subdivision Ordinance prohibits a dead-end street in excess oi 1,000 feet unless waived by Council. Mr. Bird moved to waive the provision limiting dead-end streets to 1,000 with regard to this project, seconded by Mr. Jackel. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Jac~el - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. - 14 - 9/13/83 35 ~ Final' Plat A~r0val~ ' Le" villa~' De" p~ov~nce ~ Council is to consider a request for approval for a revised plat of Le Village De Provence, an approved 60-unit multiple family pro3ect. The final plat recommended for approval by the Planning and Zoning Board on May 16th has been amended to reflect a change in the means of access from Law- rence Road to Barwick Road. This modification has been necessitated by action taken by the Board of County Commissioners on July 12th. The property is located east of Barwick Road, between the L-32 Canal and North Drive of High Point. This was approved unanimously, subject to the following condition: (1) Engineering Division's memorandum of August 22, 1983. Ali~ FinSt, 707 Place Tavant, questioned whether the berms are still being left on the final plan. ChriStOi)he~ HUCSt, applicant, replied that a condition of the site plan approval was that the berms be left. Mr. Bird ~oved to approve the final plat, seconded Dy F~. Jackel. Upon roll call Council voted as follows: ~r. Bird - Yes; 5~. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 0 vote. Mr. Campbell returned to the Council Chambers at this time. ordinance' NO. 69~83 ~' D~f~a~~ Plaza' Ann~xation~ Ordinance No. 69-83, relative to annexing a 0.32 acre parcel of land, subject to RM-10 (Multiple Family Dwelling) District, located east of Federal Highway between Avenue "H" and Avenue "I ", is before Council for con- sideration on First Reading. If passed, Public Hearing will be held on October llth. The City Manager presented Ordinance No. 69-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 31 THROUGH 36, INCLUSIVE, BLOCK 27, DEL-RATON PARK, A SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, %~ICH 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 OBLIGA- TIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption o~ the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 69-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; ~. Jackel - Yes; 5~r. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 37'. Ordinahce"No'.~ 70~83 ~ Chah~in~~ the~Cit~'s~ LaRd~ u~e~ Plan' De~'igha%ion~i Ordinance No. 70-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located east of Federal Highway between Avenue "H" and Avenue "J" ~rom MF-6 (Multiple Family) to MF-10 (Multiple Family), is before Council for consideration on First Reading. If passed, Public Hearin9 will be held on October llth. The City Manager presented Ordinance No. 70-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 31 ?HROUGH 36, INCLUSIVE, BLOCK 27, DEL-RATON PARK, A SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED EAST OF FEDERAL HIGHWAY, BETWEEN AVENUE "H" AND AVENUE "I" FRO~i MF-6 (MULTIPLE FAMILY) TO MF-10 (MULTIPLE FAMILY); A~iEND- ING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. - 15 - 9/13/83 The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 70-83 on First Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; ~r. Jackel - Yes; ~. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. * Please note that the Ordinance was correct in stating between Avenue "H" and Avenue "I". 38 ~ O~dinah~~ Nb'. '~ 7I~83 ~'~ Duma~' Plaza~' R~onih~~', Ordinance No. 71-83, relative to rezoning to SC (Specialized Commercial) approval, is before Council for consideration on First Reading. The property is located east of Federal Highway between Avenue "H" and Avenue "J". If passed, Public Hearing will be held on October llth. The City Manager presented Ordinance No. 71-~3: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECI- ALIZED COMMERCIAL) DISTRICT, THE WE$~£ 118 FE~£ OF DUPER PLAZA, AS RECORDED IN PLAT BOOK 44, PAGES 188 AND 18~ OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED EAST OF FEDERAL HIGHWAY, BETWEEN AVENUE "H" AND AVENUE "J ", AND AMENDING "ZONING MAP OF DELRAY BEAC~ , FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 71-83 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; 5~. Jackel - Yes; 5~. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 39% O~dih~h~~Nb:' 72~83~- changin~' th~~ City'S Land use Plan D~igh~%iOh~. Ordinance No. 72-83, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located east of Federal Highway between Avenue "H" and Avenue "J" from MF-10 (Multiple Family) to C-Commercial is before Council for considera- tion on First Reading. If passed, Public Hearing will De held on Octo- ber llth. The City Manager presented Ordinance No. 72-83: AN ORDINANCE OF ThE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR TH5 WEST 118 FEET OF DUMAR PLAZA, AS RECORDED IN PLAT BOOK 44, PAGES 188 AND 189 OF THE OFFICIAL RECORDS OF PAL~ BEACH COUNTY, FLOR- IDA, FRO~ MF-10 MULTIPLE FAMILY TO C-CO~MERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 72-83 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; ~. Jackel - Yes; 5~. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. ~0~. Ordinan~e~No~"73~83~' Isle~~ Of Delra~~. Ordinance No. 73-83, relative to rezoning to PRD-4 (Planned Residential District) approval, is before Council for consideration on First Reading. The property is located at the northeast corner o~ Lake Ida Road and 1-95. If passed, Public Hearing will be held on October llth. This was ap- proved 4-3 (Horenburger, Sumrall and Simon dissenting) by the Planning and Zoning Board. The City Manager presented Ordinance No. 73-83: - 16 - 9/13/83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FA~IILY DWELLING) DISTRICT IN PRD-4 (PLANNED RESIDENTIAL) DISTRICT A PARCEL OF LAND LOCATED IN SECTION 8, TOWN&RIP 46 SOUTH, RANGE 43 EAST, LOCATED AT TH~ NORTHEAST CORNER OF LAKE IDA ROAD AND 1-95, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. ~r. Jackel moved for the adoption of Ordinance No. 73-83 on First Reading, seconded by ~. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; 5~. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to I vote. Before roll call the following discussion was had: Mr. Bird stated that there was some information provided to Council by one of the neighbors in that area. He would like to request that the motion read that they adopt the Ordinance on First Reading subject to review by the legal department of the covenants which were presented to Council. The City Attorney advised that there are some covenants and restrictions on some of the lots in this area. He feels that they are not a consideration; our zoning is unaffected by the covenants and the reverse is also true that it would be a private land/ real property matter between the owners and the grantees. Mr. Campbell stated that while this may not necessarily affect the City's zoning on the property he still feels they should look into this very seriously between now and Second Reading. F~. Perry stated that he has had an opportunity to have a look at the layout of the development. Within the zoning ordinance is a directive that all properties annexed into the City be annexed as R-1AA, unless the property is surrounded by another designation. There seems to be a legislative intent for the City to maintain the R-1AA char- acteristic as much as possible. He feels the intent of PRD-4 is to offer new development a way in which they can annex into the City as a planned district; not as a relief for a land owner who finds that R-1AA does not suit his purposes. Mr. Campbell stated that one of the things he likes to look at in order to protect the integrity of the neighborhood is the concept of SAD zoning. This prevents rezonings for speculative purposes and you tie into site plans and uses very specifically. He questioned whether the developer would be willing, at a later time, to come ~nto SAD vol- untarily or would he oppose if the City chose to rezone this in con- junction with his current site plan. Roger Saberson, representing the developer, stated that he would have no objection to being zoned SAD; either by the City initiat- ing its own petition or the developer submitting his own petition. At this point the roll was called to the motion. 41~ O~dinance NO'.~ 74~83 ~-Ch~n~ih'~ the City'S' Land US~ Plan .D~si~n~tio~'~ Ordinance No. 74-83, relative to changing the City's Lan~ Use Plan Designation in the Comprehensive Plan for a parcel of land located at the northeast corner of Lake Ida Road and 1-95 from SF (Sin- gle Family) to PRD-4 (Planned Residential), is before Council for con- sideration on First Reading. If passed, Public Hearing will be held on October llth. This was approved 4-3 (Horenburger, &~mrall and Simon dissenting) by the Planning and Zoning Board. - 17 - 9/13/83 The City Manager presented Ordinance No. 74-83: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 8, TOWNS/tIP 46 SOUTH, RANGE 43 EAST FRO~i SF SINGLE FAMILY TO PRD-4 PLANNED RESIDENTIAL; AS~NDING THE LAND USE PLAN; PROVIDING A~ EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jac~el moved for the adoption of Ordinance No. 74-~3 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; F~. Campbell - Yes; ~lr. Jackel - Yes; Perry - No; ~Iayor Young - Yes. Said motion passed with a 4 to 1 vote. 42~ va~tih~~ &hd~ Aband~hin~ Public~ R~ad~'. Resolution No. 19-83, vacating and abandonin9 all public roads within the Pines of Delray North Condominium Association, is before Council for considera- tion. The City Manager presented Resolution No. 19-83: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL PUBLIC ROADS WITHIN THE PINES OF DELRAY NORTH CONDOMINIUM DEVELOP~IENT, BEING THOSE PUBLIC ROADS LOCATED WITHIN THE RECORDED PLA~ OF ~HE PINES OF DELRAY NOR'~H, A CONDOS]INIUM, AS RECORDED IN PLAT BOOK 35, PAGE 146; PLAT BOOK 38, PAGE 18; PLA~ BOOK 39, PAGES 104 AND 105 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CERTAIN CONDITIONS TO WHICH SAID VACATING AND ABANDONMENT IS SUBJECT. (Copy of Resolution No. 19-83 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 19-83, seconded by Mr. Perry. Upon roll call Council voted as follows: ~r. Bird - Yes; Mr. Campbell - Yes; Mr. Jackel - Yes; ~r. Perry - Yes; hayor Young - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The City Manager stated that staff is recommending that in addition to the vacation of the streets they should require that the condominium, now a private property owner, maintain the water and sewer system within the property boundaries. The City would maintain the master meter on out to the mains and lift station. Mr. Bird stated that precedent was established when they granted private roads to the Hamlet and the City retained the water and sewer. He does not feel that a private condominium association should have the responsibility of maintaining and affect the workings of the water and sewer system. If the condominium were to make a serious mistake the ramifications would out-weigh any slight advantage the City might get by the Pines taking care of the water and sewer lines. As the resolution is written now it does not include the provision that the condominium maintain their own water and sewer and he would favor it as currently constructed. At this point the roll was called to the motion. Mayor Young declared the meeting adDourned at 9:23 P.~]. - 18 - 9/13/83 ATT E ST: MAYOR The undersigned is the City Clerk of the City of Delra~ Beach and that the information provided herein is the minutes of the meeting of said City Council of September 13, 1983, w~ich minutes were formally approved and adopted by the City Council on ' ~ 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. - 19 - 9/13/83