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02-02-82SpMtg FEBRUARY 2, 1982 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, February 2, 1982, with Mayor Leon M. Weekes, presiding and City Manager Gordon D. Tiffany, City Attorney Herbert W.A. Thiele, and Council mem- bers James H. Scheifley, Charlotte G. Durante, Leo A. Blair, and Malcolm T. Bird, present. Mayor Weekes, on behalf of City Council and the citizens of Delray Beach, extended heartfelt thanks to Mr. Robert H. Fisk and added that Mr. Fisk has served well and faithfully and has done an excellent job as Interim City Manager these last four months under rather trying circumstances. Mayor Weekes then welcomed Mr. Gordon D. Tiffany, new City Manager, to his first official meeting of the City Council of Delray Beach. Mayor Weekes advised that he told Mr. Tiffany he would stay out of his way until he gets himself oriented and settled in and he asks that the public also show some consideration towards Mr. Tiffany in that regard. Mayor Weekes called the meeting to order and announced that this meeting has been called for the purpose of (1) Considering Second and FINAL Reading of Ordinance No. 88-81 relative to annexation South- east corner of S.W. 10th Street and S.W. 7th Avenue (South Atlantic Conference Association of Seventh Day Adventists, Inc., applicant); (2) Considering Second and FINAL Reading of Ordinance No. 89-81 relative to rezoning, conditional use and site and development plan request -- Southeast corner of S.W. 10th Street and S.W. 7th Avenue (South Atlantic Conference Association of Seventh Day Adventists, Inc., applicant); (3) Considering appointment of City Physician; (4) Considering return of excess recreational impact fees; and (5) Considering formal appointment of Gordon D. Tiffany as City Manager, effective February 1, 1982, at 12:01 A.M. Mrs. Durante left the Council Chambers at this time. (1) The City Attorney presented Ordinance No. 88-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LOTS 1 THROUGH 31, INCLUSIVE, OF BLOCK A OF THE PLAT OF RIDGE- WOOD HEIGHTS, ALONG WITH THAT PORTION OF S.W. 7TH AVENUE AND S.W. llTH STREET ABUTTING THE SUBJECT PROPERTY, AND INCLUDING THAT PORTION OF THE 25 FOOT RIGHT-OF-WAY DEDI- CATED FOR S.W. 6TH AVENUE ABUTTING THE SUBJECT PROPERTY, AND INCLUDING THE ALLEYS INTERNAL TO THE SUBJECT PROPERTY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 44, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNI- CIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 88-81 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. Scheifley moved for the adoption of Ordinance No. 88-81 on Second and FINAL Reading, seconded by Mr. Blair. The City Attorney stated that the City has not yet received formal approval from the County. He recommended that City Council pass Ordinance Nos. 88-81 and 89-81 subject to receipt of County approval relative to the annexing of the roads and rights-of-way and advised that this would be acceptable to the applicant and to the County as well. Mr. Scheifley amended his motion to adopt Ordinance No. 88-81 on Second and FINAL Reading making it subject to County approval relative to the annexing of the roads and rights-of-way, seconded by Mr. Blair. 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. (2) The City Attorney presented Ordinance No. 89-81: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED RH (RESIDENTIAL MULTIPLE FAMILY) DISTRICT UNDER COUNTY ZONING REGULATIONS, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES) DISTRICT TO ALLOW 40 MULTIPLE DWELL- ING UNITS, BEING APPROXIMATELY 4.3 ACRES, LOCATED AT THE SOUTHEAST CORNER OF S.W. 10TH STREET AND S.W. 7TH AVENUE, SAID LAND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOP- MENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 89-81 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. The City Attorney recommended that Council place the same condition on the motion to adopt Ordinance No. 89-81 as they did on Ordinance No. 88-81. Mr. Blair moved for the adoption of Ordinance No. 89-81 on Second and FINAL Reading subject to County approval relative to the annexing of the roads and rights-of-way, 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. Mrs. Durante returned to the Council Chambers at this time. (3) Mayor Weekes reported on the background information which Council requested relative to the appointment of a City Physician: Dr. Vollrath was first appointed as City physician at the Organizational meeting in 1979; he was appointed to administer tetanus and typhoid injections for Parks & Recreation and Public Utilities workers, physical examinations for general employees and treatment for on-the-job injuries for all employees; Dr. Colvard was appointed to serve as City Physician for complete physical and stress tests only for the Police and Fire Departments. Mayor Weekes advised that Dr. Vollrath's resignation did leave a vacancy and the Administration has suggested that Dr. Swartz, who has offered to fill that position, be appointed City Physician. Mr. Bird moved to appoint Dr. Swartz as City Physician, seconded by Mrs. Durante. Said motion passed unanimously. Before roll call the following discussion was had: Mayor Weekes stated that he assumes that the matters relative to remuneration have been resolved. Mr. Bird advised that the resolution was for Dr. Swartz to be paid the same amount as Dr. Vollrath was paid. At this point the roll was called to the motion. (4) The City Attorney reported that this item is relative to the recreational impact fee ordinance which Council passed on First Reading at its last meeting. Prior to that time, they had an established policy of imposing a $1,000 per unit impact fee which was collected at the time the permits were pulled. Delray Harbor Club, which paid $50,000 for 50 units, has requested that City Council return to them the excess so that they could save some interest money; they are requesting $25,000 of what they have paid returned to them and they also wish to have recorded that they are not waiving, at this time, any future rights to contest the applicability of the additional $2~,000. 02/02/82 Mr. Bird inquired as to how much this particular development would be charged if they came before Council today. The City Attorney replied that $25,000 would be charged at the time of Certificate of Occupancy. Mr. Bird stated that he feels the appropriate thing to do would be to return the entire $50,000 to them and collect at the appro- priate time; Mr. Blair concurred. The City Attorney advised that Coun- cil could do it either way. Upon question by Mr. Scheifley, the City Attorney stated that this is an item which the developer can bring to Court; he is trying to avoid that possibility. He feels that the devel- oper would be more likely to contest it if the City holds the entire $50,000 and, therefore, recommends returning at least half of it to them. Mr. Bird moved to return the amount of money that has been collected from the developer subject to the existing policy of the City of Delray Beach which would be that an appropriate fee would be applied at the time of Certificate of Occupancy, 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. (5) Mr. Blair moved to formally appoint Gordon D. Tiffany as City Manager, effective February 1, 1982, at 12:01 A.M., seconded by Mr. Bird. Said motion passed unanimously. Before roll call, Mayor Weekes stated that he assumes that the motion carries with it the condition that it is subject to the terms and conditions as agreed upon between Mr. Tiffany and the City. Mr. Blair replied, yes. At this point the roll was called to the motion. Mayor Weekes declared the meeting adjourned at 7:15 P.M. City Clerk ATTEST: 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 February 2, 1982, which minutes were formally approved and adopted by the City Council onJ~F~.~ /~.2_ . ! ~ y 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. - 3 - 02/02/82