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01-26-82 JANUARY 26, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:05 P.M., Tuesday, January 26, 1982, with Mayor Leon M. Weekes, presiding and City Manager Robert H. Fisk, City Attorney Herbert W.A. Thiele, and Council members James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. 1. The opening prayer was delivered by Reverend Donald Mackay of Cason United Methodist Church. 2. The Pledge of Allegiance to the flag of the United States of America was given. 3. Before approval of the minutes of January 12, 1982, Mr. Scheifley requested that a correction be made on page 2, under section 4.c.4, line 7, the word per "month" should read per "year". Mr. Bird moved for approval of the minutes of the regular meeting of January 12, 1982, with the amended correction, seconded by Mr. Scheifley. Said motion passed unanimously. 4.a.1. Mrs. Durante requested that Council appoint a recreation committee to become involved in planning the use of the funds coming from the park and recreational impact fees. Mayor Weekes suggested that this item be put on the agenda for the next workshop meeting. 4.b.1. Mr. Bird stated that it was his understanding that the preliminary rate study has been delivered and suggested that a special meeting be arranged for discussion and first reading of the ordinance. The City Manager replied that as yet he has not received the study, but as soon as it comes a meeting will be arranged. Mayor Weekes suggested that when the study is available that a workshop meeting be held and if necessary a special meeting. 4.c.1. Mr. Scheifley reported that there has been no visible prog- ress in cleaning up the eyesores and "small landfills" within the City. 5.a.1. Mr. Bob Dawson, new resident of Delray Beach, spoke highly of the City and thanked them for providing to himself and his family a safe haven of happiness and enjoyment. 5.a.2. Mrs. Elizabeth Matthews, 1024 White Drive, spoke before Council and asked why she was not allowed to park in Miller Park, which is public property, while attending the tennis matches at Lavers' Delray Racquet Club. Mayor Weekes replied that he could not answer her ques- tion but would obtain one for her. 6.a.1. The City Manager reported that Resolution No. 8-82, repeal- ing Resolution No. 3-82 is before Council for consideration. Resolution No. 3-82 called for a bond election on the approval of general obliga- tion bonds in an amount not to exceed $3,300,000 for park and recreation purposes. The City Manager presented Resolution No. 8-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO. 3-82 WHICH CALLED FOR A BOND ELECTION ON THE APPROVAL OF CERTAIN GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,300,000 TO FINANCE THE ACQUISITION OF LAND FOR PARK PURPOSES, AND PURCHASE AND INSTALLATION OF RECREATIONAL FACILITIES AND EQUIPMENT IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 8-82 is on file in the official Resolution Book) The City Attorney reported that the bond resolution has been published; therefore, if Council wishes, the bond issue can go ahead as scheduled. Relative to the use of impact fees, he advised that that money could be used as a source of funding on the debt service on this bond or as a joint security on a different type of bond. Mr. Bird stated that the bond referendum, which dealt with the acquisition of property, was not given an opportunity to be fully discussed. With the up-coming election, he feels that that opportunity has arrived and that it should be left up to the citizens to vote upon; therefore he will vote against Resolution No. 8-82. Mrs. Durante noted that a number of people had asked Council to take this issue off the ballot because they felt more time was needed to get support, and for this reason she is in favor of adopting Resolu- tion No.8-82. Mr. Scheifley agreed with Mrs. Durante, and suggested that those people in favor of a recreational bond issue form a committee to prepare a smaller bond issue aimed at recreation for children. Mr. Blair stated that he feels the City could be negotiating some kind of agreement for the purchase of land and use the parks and recreation impact fee as payment towards it, instead of waiting for a bond issue to pass. Mayor Weekes suggested making an agreement with the owner that the land be held off the market from the general public until such time as the City responds to a referendum; should Council vote not to have a referendum, then he could then go to the owner and her attorney and see if they would be interested in working out a time purchase contract. That might be a feasible possibility if Council is willing to commit the money they set aside from land sales and impact fees over a period of the next four or five years. If Council would make a motion to adopt Resolution No. 8-82, he would be glad to have the necessary discus- sions with the seller. Mrs. Durante moved for the adoption of Resolution No. 8-82, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - No; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Mr. Bird moved that the Mayor be authorized to enter into negotiations to ascertain whether or not the seller is willing to enter into a time purchase of the property on Homewood Boulevard, seconded by Mr. Blair. Said motion passed unanimously. Before roll call Mayor Weekes inquired as to whether or not the City can engage in time purchases. The City Attorney replied that the City could not get a mortgage. He does not know whether a contract or deed can be obtained; it all depends upon whether or not the owner would be interested in this type of agreement. Mr. Scheifley suggested, if this motion is passed, that the community leaders and future Council members start studying the facil- ities that might eventually be put on that property. He feels that maybe under a time frame, plans can be made for the future facility to be self supporting. At this point the roll was called to the motion. 6.a.2. The City Manager reported that the administration recommends the appointment of Dr. Frederick Schwartz as City Physician effective February 1, 1982, with the same rate of compensation as Dr. Richard Vollrath, who has resigned. Mayor Weekes suggested that this item be deferred until later in the meeting. 6.b. CONSENT AGENDA Mr. Bird requested that items (2), (3) and (4) be removed from the consent agenda. - 2 - 1/26/82 The City Manager reported on the following items which are to be considered by Council as the Consent Agenda: (1) In compliance with requirements set forth in Chapter 2 of the City's Code of Ordinances, Council should appoint Clerks and Inspectors to conduct the upcoming election. It is recommended that the list of possible appointees shown on the enclosed sheet, from which sufficient numbers of Clerks and Inspectors will be selected by the City Clerk, be approved by Council. (5) As discussed at the workshop meeting on January 19th, Council is to consider authorizing execution of a contract between the City and the International Association of Firefighters, Local 1842, ending September, 1982. (6) It is recommended that Council approve the 1982 Delray Affair for April 16th through April 18, 1982 inclusive, as requested by the Delray Affair Committee. (7) The City is in receipt of an application from Edward J. and Helenann Conto for City water and sewer service to serve ½ acre ± at 1000 Palm Trail Drive, which is outside the City. The present use of the property is multi-family townhouses and the proposed use is the same. It is recommended that Council approve execution of the City's standard water service/annexation agreement which will permit the City to provide the requested water service to the applicants. This property is not eligible for annexation at this time. (8) Resolution No. 5-82 requesting funding from the Depart- ment of Natural Resources for FY 1980-81 sand search, vegetation, beach and reef monitoring project has been prepared for Council consideration. The City entered into an agreement with the State of Florida for re- imbursement of 75% of the non-federal share of construction costs, biological monitoring and revegetation which amounts to $49,848 and 100% of the sand search which amounts to $17,143 for a total of $66,991. It is recommended that Resolution No. 5-82 be adopted in order for these funds to be requested from DNR. The caption of Resolution No. 5-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1980/81 SAND SEARCH, VEGETATION, BEACH AND REEF MONI- TORING PROJECT. (Copy of Resolution No. 5-82 is on file in the official Resolution Book) (9) The following bids have been received for the con- struction of a concession building at Miller Park: Bidder Quotation James Bushouse & Associates $43,620 Pompano Beach Peter Ince, Contractor 45,980 Delray Beach J.P. Strode & Associates, Inc. 47,173 Boca Raton E.B.I., Inc. 48,118 Pompano Beach It is recommended that the contract be awarded to the low bidder, James Bushouse & Associates in the amount of $43,620 by adoption of Resolution No. 6-82 with funding to come from the Florida Power & Light Fund excess reserve. This was discussed at the January 19th work- shop meeting. - 3 - 1/26/82 The caption of Resolution No. 6-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF A CONCESSION BUILDING AT ROBERT P. MILLER PARK, IN THE CITY OF DELRAY BEACH. (Copy of Resolution No. 6-82 is on file in the official Resolution Book) (10) Only one bid was received for the widening of paving and removal of sidewalk, on the north side of East Atlantic Avenue between N.E. 5th Avenue and N.E. 4th Avenue, to provide additional area for parking in conjunction with upgrading traffic control in this area. It is recommended that the contract be awarded to the only bidder, Hardrives of Delray, Inc. in the amount of $10,475 by adoption of Resolu- tion No. 7-82 with funding to come from the Florida Power & Light Fund excess reserve. The caption of Resolution No. 7-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR WIDENING OF PAVING AND REMOVAL OF SIDEWALK ON THE NORTH SIDE OF EAST ATLANTIC AVENUE BETWEEN N.E. 5TH AND N.E. 6TH AVENUES IN THE CITY OF DELRAY BEACH, TO PROVIDE ADDITIONAL AREA FOR PARKING IN CONJUNCTION WITH UPGRADING TRAFFIC CONTROL IN THIS AREA. (Copy of Resolution No. 7-82 is on file in the official Resolution Book) (11) The Planning & Zoning Board at a meeting held on January 18th, recommended by unanimous vote that the zoning ordinance be amended relative to dwelling unit storage. It is recommended that Coun- cil instruct the City Attorney to prepare an ordinance effecting the amendment. (12) The Planning & Zoning Board at a meeting held on January 18th, recommended by a vote of 4 to 0 (Simon abstaining) that the site and development plan for Waterway North II, located on the north side of N.E. 8th Street, between the Intracoastal Waterway and Andrews Avenue be approved, subject to: (a) City Engineer's memorandum of January 15th. (b) Assistant Director of Public Utilities' memorandum of January 6th. (c) That the developer pay to the City, a sum of money to be determined by the proposed "Park and Recreation Land Dedication" ordinance, when adopted by City Council. (d) A time limitation of 18 months be set for development of the project. (13) The Planning & Zoning Board at a meeting held on November 24, 1981, recommended by a vote of 5 to 1 (Christensen dis- senting) that the abandonment of that portion of S.W. 6th Avenue lying adjacent to Block A, Ridgewood Heights, and also the 12-foot north-south and east-west alley lying within Block A, Ridgewood Heights, be aban- doned, subject to annexation into the City. Council action on the Plan- ning & Zoning Board's recommendation was postponed until a certificate from an attorney or a title company, certifying that the reversionary interests to that portion of S.W. 6th Avenue which is to be abandoned are vested in the current fee simple title holders. Such certificate has now been received. It is recommended that the street and alley be abandoned. Mr. Scheifley moved for approval of the Consent Agenda with the exception of items (2), (3) and (4), seconded by Mr. Bird. Said motion passed unanimously. - 4 - 1/26/82 REGULAR AGENDA 6.b.2. The City Manager reported that as discussed at the January 19th workshop meeting, Council is to consider authorizing construction of a five-foot wide concrete sidewalk along State Road A1A, extending from the existing sidewalk at the north end of the beach, north to the City limits at Pelican Lane, with financing to come from the Florida Power & Light Fund excess reserve. Mrs. Crafts spoke before Council and requested that the thirteen feet between the telephone poles and the street be divided up so as to have four feet between the poles and the sidewalk, a five foot sidewalk and four feet to the street. She feels this would look the best and is the safest location for the local residents and sightseers. Mr. Blair stated that he could perceive no problem with the sidewalk being situated in the location requested by Mrs. Crafts. Mr. Bird stated, that he would also agree with the request as long as the homeowners understand that if road widening occurs there is the pos- sibility that the sidewalk would be removed. Mr. Bird moved for acceptance of the plan proposed by Mrs. Crafts, and to instruct the City Engineer to draw up plans which would take into account the four foot easterly movement of the sidewalk, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by Mayor Weekes as to whether or not DOT would approve a sidewalk that close to the pavement, Mr. Church, City Engine- er, replied that DOT had said they would be receptive, but he did not feel that they would accept it that close due to the swale area of the road which accommodates the drainage. His recommendation is that it not be put there as it is too close to the road. Discussion followed relat- ing to the fire hydrants and telephone poles that are situated along State Road A1A, whether or not they would be interfering with the loca- tion of the proposed sidewalk. Mr. Racko, 740 North Ocean Boulevard, stated that within the last year the telephone poles outside his property have been worked on at least a dozen times. He feels that if the City allows for the side- walk as proposed by Mrs. Crafts, then there would be enough room for the telephone company to work with and no interference on their property would be necessary. Mayor Weekes replied that Mrs. Crafts and her neighbors had previously asked if the City would consider moving the sidewalk easterly of the utility poles; he felt that this was a reasonable request, but to move it even closer to the street could be dangerous. For this reason he would favor the compromise reached at the workshop meeting last week. At this point the roll was called to the motion. Mayor Weekes left the Council Chambers at this time. 6.b.3. The City Manager reported that as discussed at the workshop meeting on January 19th, Council is to consider appointing a committee to re-name the City Park, located at 801 N.E. 1st Street. Mr. Bird recommended that Mrs. Elizabeth Matthews chair the committee and that John Ross Adams and Nancy Chapman be considered for appointment. Mr. Blair suggested that Roy Croft and Buster Musgrove, who are members of the Historical Society, also be considered for appoint- ment on the committee. Mr. Bird moved for the appointment of the recommended names, seconded by Mr. Blair. Upon roll call Council voted as follows: Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Vice-Mayor Scheifley - Yes. Said motion passed with a 4 to 0 vote. Mayor Weekes returned to the Council Chambers at this time. - 5 - 1/26/82 6.b.4. The City Manager reported that as discussed at the January 19th workshop meeting, Council is to consider the appointment of a committee to study garbage and trash collection rates. Mr. Bird advised that Mr. Joe Martin has been asked to serve as the organizational chairman of this committee, Mr. Sam Schwimer has offered to represent the private communities which use container pickups and Mr. Baer has offered to represent the high-rise areas. He also suggested that Mike Brody, President of the High Point Community Action Committee, be asked to serve and Robert Miller be asked to represent the northwest area of the City. Mr. Blair advised that he has been contacted several times by Mr. Carlisle Butler regarding garbage pick-up and that Mr. Butler is interested in representing the northwest section of the City. Mr. Bird suggested that Tropic Bay, Tropic Isle and the beach area also be represented. Mrs. Matthews offered to represent the beach property owners and Mr. Tore Wallin also expressed interest in serving on the committee. Mr. Bird moved to appoint a committee to study garbage and trash collection, its rates and method of collection, with membership to be determined by the Mayor and appointed by him, seconded by Mr. Schei- fley. Said motion passed unanimously. 6.b.12. The City Attorney advised, for the record, that Waterway North II has requested that the Planning & Zoning Board and Council consider amending the platting requirements for this project. He added that he had promised Mr. Simon that he would bring this to Council's attention. 7. There were no Petitions and Communications. Mrs. Durante left the Council Chambers at this time. 8.a.& 8.b. The City Manager reported that the public hearings on Ordi- nance No. 88-81 and Ordinance No. 89-81 will have to be continued since County approval has not been received. Mr. Bird moved to remove Ordinance No. 88-81 and Ordinance No. 89-81 from the agenda, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 0 vote. Before roll call the following discussion was had: Mr. Doak Campbell, Chairman of the Planning & Zoning Board, spoke in regard to annexation and rezoning applications of these ordi- nances. He explained that, in the opinion of the Board, this will be a general improvement in an area that is deteriorating. There is a large County pocket located to the south of this area and this could lead to the eventual annexation of a much larger area to the south of this particular property. Mr. Chris Hurst, Arthur Strock & Associates, stated that it was his understanding that the County had moved on this request before the Christmas holidays. Mayor Weekes replied that when County permission is receiv- ed, if it is the desire of the petitioner, then a special council meet- ing can be arranged prior to the workshop meeting next Tuesday. At this point the roll was called to the motion. Mrs. Durante returned to the Council Chambers at this time. 8.c. The City Manager reported that Ordinance No. 2-82 has been prepared for Council consideration on Second and FINAL Reading. This ordinance, if passed, will provide for Charter changes to Article V "Elections" relative to elections. This ordinance was passed on First Reading at the January 12th meeting. 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. - 6 - 1/26/82 The City Manager presented Ordinance No. 2-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V. "ELECTIONS", SECTION 5.05. "CERTIFICATION OF ELEC- TIONS'' SUBSECTION (a) TO ELIMINATE THE CERTIFICATION REQUIREMENT BY THE CLERK OF ELECTIONS AND THE MAJORITY OF THE INSPECTORS OF THE ELECTIONS; PROVIDING FOR A REF- ERENDUM ELECTION TO BE HELD MARCH 2, 1982; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 2-82 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. Bird moved for adoption of Ordinance No. 2-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.d. The City Manager reported that Ordinance No. 3-82 amending Chapter 30 "Zoning" of the Code of Ordinances relative to storage build- ings has been prepared for Council consideration on Second and FINAL Reading. This ordinance was passed on First Reading at the January 12th Meeting. 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. 3-82. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-11 "GC GENERAL COMMERCIAL DISTRICT", PARAGRAPH (B) "PERMITTED USES", AND SECTION 30-12 "SC SPECIALIZED COMMERCIAL DISTRICT", PARAGRAPH B "PERMITTED USES", TO INCLUDE AS A PERMITTED USE STORAGE BUILDINGS ACCESSORY TO THE PRIMARY COMMERCIAL USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 3-82 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. Bird moved for the adoption of Ordinance No. 3-82 on Second and FINAL Reading, seconded by Mrs. Durante. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.e. The City Manager reported that Ordinance No. 5-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to dedication of park and recreation land or an in-lieu payment by developers of multi- family planned residential developments, hotels, motels, resort dwelling units and single family units has been prepared for Council consider- ation on First Reading. This was discussed at the workshop meeting on January 19th. - 7 - 1/26/82 The City Manager presented Ordinance No. 5-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (U) "PARK AND RECREATION LAND FOR MULTIPLE FAMILY UNITS, PLANNED RESIDENTIAL UNITS, HOTELS, MOTELS, AND RESORT DWELLING UNITS"; BY AMENDING SECTION 30-6 "RM-6 MULTIPLE FAMILY DWELLING DISTRICT," SECTION 30-7 "RM-10 MULTIPLE FAMILY DWELLING DISTRICT," AND SECTION 30-8 "RM-15 MULTIPLE FAMILY DWELLING DISTRICT" BY ENAC- TING A NEW SUBSECTION (Q) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-8.1 "PRD-4 PLANNED RESIDENTIAL DISTRICT," SECTION 30-8.2 "PRD-7 PLANNED RESIDENTIAL DISTRICT," AND SECTION 30-8.3 "PRD-10 PLANNED RESIDENTIAL DISTRICT" BY ENACTING A NEW SUBSECTION (S) "PARK AND RECREATION LAND DEDICATION; BY AMENDING SECTION 30-10 "CC COMMUNITY COMMERCIAL DISTRICT," SECTION 30-11 "GC GENERAL COMMERCIAL DISTRICT," AND SECTION 30-12 "SC SPECIALIZED COMMERCIAL DISTRICT" BY ENACTING A NEW SUB- SECTION (P) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-13 "CBD CENTRAL BUSINESS DISTRICT" BY ENACTING A NEW SUBSECTION (Q) "PARK AND RECREATION LAND DEDICATION"; AND BY AMENDING SECTION 30-13.1 "LC LIMITED COMMERCIAL DISTRICT" BY ENACTING A NEW SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION"; TO REQUIRE THE DEDICATION OF PARK AND RECREATION LAND, OR THE MAKING OF "IN LIEU" PAYMENT, BY DEVELOPERS OF MULTIPLE FAMILY UNITS, PLANNED RESIDENTIAL UNITS, HOTELS, MOTELS, AND RESORT DWELLING UNITS, AND SINGLE FAMILY UNITS WHICH ARE NOT PART OF A SUBDIVISION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for passage of Ordinance No. 5-82 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The City Attorney brought to the attention of Council that this ordinance is drafted so that the in-lieu fee is collected at the time the certificate of occupancy is obtained. He also pointed out that it is the intent of the ordinance to apply not only to multiple family housing, but also single family housing. Upon question by Mayor Weekes as to how this ordinance would treat an individual lot owner building a single family home, the City Attorney replied that it is the intent of the ordinance that they should also pay the fee. There is the possibility that some of the language in Ordinance No. 5-82 may have to be revised so that this is made clear. At this point the roll was called to the motion. 8.f. The City Manager reported that Ordinance No. 6-82, amending Chapter 24 "Subdivisions" of the Code of Ordinances relative to dedica- tion of park and recreation land or an in-lieu payment by developers of single family units, multiple family units, planned residential units, hotels, motels and resort dwelling units and reservation of land for school sites has been prepared for Council consideration on First Read- ing. This was discussed at the January 19th workshop meeting. - 8 - 1/26/82 The City Manager presented Ordinance No. 6-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 24 "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY REPEALING SECTION 24-36 AND ENACTING A NEW SECTION 24-36, "PUBLIC SITES", WHICH, IN SUBPARAGRAPH (A), "PARK AND RECREATION LAND FOR SINGLE FAMILY UNITS", REQUIRES THE DEDICATION OF PARK AND RECREATION LAND OR A FEE OF FIVE HUNDRED DOLLARS ($500.00) PER SINGLE FAMILY UNIT AS PAYMENT IN LIEU THEREOF; AND WHICH IN SUBPARAGRAPH (B), "PARK AND RECREATION LAND FOR MULTIPLE FAMILY USE, PLAN- NED RESIDENTIAL UNITS, HOTELS AND MOTELS, AND RESORT DWELLING UNITS", REQUIRES THE DEDICATION OF PARK AND RECREATION LAND FOR A FEE OF FIVE HUNDRED DOLLARS ($500.00) PER UNIT IN LIEU THEREOF; AND WHICH IN SUB- PARAGRAPH (C), "SCHOOL SITES", REQUIRES RESERVATION OF LAND FOR SCHOOL SITES; PROVIDING A SAVING CLAUSE; PROVID- ING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for passage of Ordinance No. 6-82 on First Reading, seconded by Mr. Scheifley. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. The City Manager reported that First Reading of Ordinance No. 7-82, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances relative to changing the required composition of the medical board for the Police and Firefighters Retirement System from the current three physicians to one physician has been prepared for Council consider- ation on First Reading. This was discussed at the workshop meeting on January 19th. The City Manager presented Ordinance No. 7-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIRE- MENT'', BY AMENDING SECTION 18-53(1), "MISCELLANEOUS", "MEDICAL BOARD", TO CHANGE THE REQUIRED COMPOSITION OF THE MEDICAL BOARD FROM THE CURRENT THREE (3) PHYSICIANS TO BE A MINIMUM OF ONE (1) PHYSICIAN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Durante moved for passage of Ordinance No. 7-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Bird, Mayor Weekes explained that this item is not related to item 6.a.2. Ordinance No. 7-82 relates to the Medical Board, whereas item 6.a.2., relates to the appointment of a City Physician. At this point the roll was called to the motion. 8.h. The City Manager reported that Ordinance No. 8-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to limiting the use of warehouses has been prepared for Council consideration on First Reading. Council, at the January 19th workshop meeting, instructed the City Attorney to prepare the ordinance. - 9 - 1/26/82 The City Manager presented Ordinance No. 8-82. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-11 (N) (4) (d) "GC (GENERAL COMMERCIAL) DISTRICT"; SECTION 30-12 (N) (4) (c) (1) "SC (SPECIALIZED COMMERCIAL) DISTRICT"; SECTION 30-14 (B) (47) "LI (LIGHT INDUSTRIAL) DISTRICT"; SECTION 30-15 (B) (63) "MI (MEDIUM INDUSTRIAL) DISTRICT"; AND SECTION 30-17 (H) (1) "SUPPLEMENTARY REGULATIONS" RELATIVE TO LIMITING THE USE OF WAREHOUSES; PROVIDING A SAVING CLA- USE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Blair moved for passage of Ordinance No. 8-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird _ Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.i. The City Manager reported that Ordinance No. 9-82, amending Chapter 30 "Zoning" of the Code of Ordinances relative to storage/util- ity sheds has been prepared for Council consideration on First Reading. Council, at the workshop meeting on January 19th, instructed the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 9-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES BY AMENDING SECTION 30-17(G) "SUPPLE- MENTARY REGULATIONS" RELATIVE TO ALLOWING "STORAGE/ UTILITY SHEDS" TO EXTEND INTO SETBACKS IN DUPLEX, CLUS- TER, AND ZERO LOT LINE DEVELOPMENTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Durante moved for the passage of Ordinance No. 9-82 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Scheifley - Yes; Mrs. Durante - Yes; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 5 to 0 vote. 8.j. The City Manager reported that Ordinance No. 10-82, amending Ordinance No. 16-79 to provide for approval of a modification for the gas station at Old Harbor has been prepared for Council consideration on First Reading. Council, at the special meeting on January 19th, instruc- ted the City Attorney to prepare the ordinance. The City Manager presented Ordinance No. 10-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 16-79, BY AMENDING SECTION 3 OF SAID ORDINANCE TO PROVIDE FOR APPROVAL OF A MODIFICATION OF THE DEVELOPMENT PLANS FOR THE GAS STATION SITE WITHIN THE SUBJECT SPECIAL ACTIVITIES DISTRICT PROJECT; PROVIDING FOR ADDITIONAL PHYSICAL SITE MOD- IFICATIONS RELATIVE TO TRAFFIC FLOW; PROVIDING FOR CONDI- TIONS PRECEDENT TO THE EFFECTIVENESS OF THIS ORDINANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for adoption of Ordinance No. 10-82 on First Reading, seconded by Mr. Blair. Upon roll call Council voted as fol- lows: Mr. Scheifley - Yes; Mrs. Durante - No; Mr. Blair - Yes; Mr. Bird - Yes; Mayor Weekes - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: - 10 - 1/26/82 Mrs. Phyllis Plume, Planning & Zoning Board, stated that they are concerned about the sign that is going up on this property. When they originally approved the SAD, there was a stationary sign in the ground and they would like to be assured that is what they will get; that they will not get Amoco signs all around the station. She inquired as to whether Council is addressing this issue in any modification. Mayor Weekes replied that there has been no modification to that part of the site plan and added that Mrs. Plume's statements will alert the Administration to particularly watch for that and see that the sign as approved is the sign they get. Mr. Blair inquired as to whether that sign has already been approved; from what he has heard at the discussions, it seems to him that the sign location may be different. The City Manager agreed to look into that. The City Attorney advised that the intent of the ordinance is that the use of the subject property, specifically the building, will not include permission to use it as a mini store or convenience store and noted that the language in the ordinance may have to be modified a little. He further advised that he wanted it stated, for the record, that this is the intent of Council so that it is clear to Old Harbor Ltd. and to Mr. Knight. Council concurred that this is their intent. Mrs. Elizabeth Matthews spoke in regard to the third bay which was illegally put in at the gas station . She suggested that only the inside of the third bay be allowed to be used for automobiles and the exterior (Federal Highway side) be landscaped. She added that it would greatly improve the appearance of that corner. They would then have five rows to service cars instead of six; she feels that this is reasonable since legally they are only allowed four. Mr. Blair stated that he measured it and the roadway and the end of the building are where they belong. It is the two corners on the top of the building that go over the setback. The basic center of the building does not exceed the setback. Mrs. Matthews stated that she is only suggesting that they do not use the exterior bay. Mr. Scheifley inquired as to how they would proceed to implement Mrs. Matthews' suggestion if Council should decide to do so. The City Attorney replied that they could modify what was submitted in the ordinance. He added that the building plan shows the island to have no landscaping on that side; therefore, he would assume that they intend to use it. He feels the City Council would have the inherent authority to make them not use it if they so choose. Mr. Scheifley asked what mechanics would be involved. The City Attorney replied that it would have to be included as a proviso in the conditions of the ordinance; they would have to write it into Section 3, which they are now amending, to say that the most westward side of the third island may not be used for traffic. Upon question by Mayor Weekes, the City Attorney replied that it could be done prior to the Second and FINAL Reading and public hearing because the caption of the ordinance does not specifically address that point. He suggests that they do not impose that condition without representatives of Old Harbor Ltd. being aware of it. Mrs. Durante stated that she feels Mrs. Matthews' suggestion is a good one; however, she will not vote in favor of the ordinance. She feels that more compromises could have been reached if the appli- cants had been allowed more time to work with the Planning & Zoning Board. The City Attorney added that there was a motion passed imposing conditions on lifting the stop work order and directing the drafting of this ordinance in its current form; that condition was not one of those imposed in the motion so he feels it would have to be revisited with the applicants present. Mr. Bird pointed out that between that island and the land- scaping at the apex of the two roads, there is a perimeter road which is in there and which is part of the site plan. So you would have cars traversing to the southwest of that outside island in any event. Mrs. Plume advised that she spoke with Mr. Knight after the hearing at City Hall and he told her that, although it is not indicated in the plans, he expects to heavily landscape both of those corners. - 11 - 1/26/82 The City Attorney inquired as to whether Council wishes for him to present that suggestion to the attorneys for Old Harbor Ltd. between now and Second Reading. Mayor Weekes offered to personally undertake to discuss it with Mr. Knight. It was the consensus of Council to direct the City Attorney to have the amended wording available at Second Reading so that it could be inserted at that time, should Council so desire. At this point the roll was called to the motion. 6.a.2. Upon question by Mr. Bird as to why Dr. Schwartz is needed, the City Manager replied that a City Doctor is needed for physicals and workman's compensation. The City Attorney added that the City has a designated physician to which all police and firefighter applicants are sent for their physicals. Dr. Vollrath was the physician until he resigned, and someone is needed to replace that position. Mayor Weekes stated that it was his understanding that Dr. Colvard was doing the tests for the police and firefighters. He asked that the City Manager have some additional information as to why Dr. Schwartz is being recommended for the appointment, and to have this information ready for next Tuesday night's workshop meeting. 9. Mayor Weekes announced that he had talked to Senator John- son's office, and that the annexation bill has been filed, it does have a Senate number and will be assigned to Committees before the end of the week. Mayor Weekes declared the meeting adjourned at 8:40 P.M. ATTEST: ~ City Clerk MAYOR 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 January 26, 1982 which minutes were for- mally approved and adopted by the City Council onJ~.~ ~/ /~.t. . 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. - 12 - 1/26/82