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02-23-82 FEBRUARY 23, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Leon M. Weekes in the Council Chambers at City Hall at 7:03 P.M., Tuesday, February 23, 1982. 1. Roll call showed: Present - Council Member James H. Scheifley Council Member Charlotte G. Durante Council Member Leo A. Blair Council Member Malcolm T. Bird Mayor Leon M. Weekes Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Dr. Andrew Hall, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the regular meeting of February 9, 1982 and special meetings of February 2, 1982, seconded by Mrs. Durante. Said motion passed unanimously. Discussion was had as to the new agenda format. The City Manager explained that the agenda has been prepared in this manner, mainly, to have each item more fully explained. Item (5) is for specif- ic action to approve the agenda subject to any deletions or revisions which Council may desire. The public hearings are scheduled to be held at the beginning of the meeting because they are advertised to be con- ducted at 7:00 P.M. and they should adhere to that. He noted that Coun- cil has already requested the reversal of items 2 and 3. Mayor Weekes agreed that the public hearings should be held first; however, he recom- mended that comments from Council, City Manager and public requests from the floor be held earlier in the meeting, before agenda approval. Mr. Bird moved to change item 34 to be item 4.a. and 33 to be item 4.b., seconded by Mr. Blair. Said motion passed unanimously. Before roll call, Mayor Weekes advised that he is agreeable to these changes tonight; however, for future meetings he recommends that comments from Council and City Manager, public hearings and sche- duled agenda items take precedence over public requests from the floor. Council concurred. At this point the roll was called to the motion. 4.a.1. The City Manager advised that they have not yet received the audit report due to a problem the auditors and attorneys are having in getting the information needed from New York bond counsel. They will distribute a draft of the audit report this Friday with the understand- ing that it is a rough draft and there may be changes made to it. 4.a.2. Mr. Scheifley stated that he is pleased to report that there is evidence of work being done as to the clean-up of some of the eye- sores and dirty lots in town and he noted that one of the worst eyesores on N.W. 5th Avenue has been cleaned up. The worst lot of all, located behind the gas station on the N.W. corner of 5th Avenue and Atlantic, has not yet been cleaned up; however, he is encouraged to know that the Administration is working on it and progress will be made. 4.a.3. Mr. Blair reported that the Beautification Committee is working on an Arbor Day project and he requested that Council have a proclamation prepared designating April 24th as Arbor Day. Mayor Weekes replied that he will meet with the City Clerk to prepare such a procla- mation. 4.a.4. Mayor Weekes welcomed Mr. Bill Sell, Scoutmaster of Delray Troop 302, and also welcomed the scouts who are here tonight to witness the meeting. He explained that they are advanced scouts who are working on merit badges leading to eagle scout designations. 4.b. There were no public requests from the floor. 5. The City Manager asked that Council take note of an addendum to the agenda, items Al, A2 and A3, and suggested that it be put at the end of the agenda. He also suggested that item 32 be moved forward on the agenda to be item 5.a. and advised that item 12 must be removed from the agenda. Mr. Bird moved for agenda approval with item 32 moved to 5.a. and the balance of the agenda being as scheduled with the addition of items Al, A2 and A3 and the removal of item 12, seconded by Mr. Scheifley. Said motion passed unanimously. 5.a. The City Manager advised that the report from May Zima, which Council received last week, was based on budgeted figures as of September 30, 1981. Since then, the Water and Sewer fund has continued to go into deficit and now they project their inter-fund debt to total about 1.7 million dollars as of April 1, 1982. This is about $700,000 more than May Zima's figure of $997,032. The proposal which is before Council tonight would update the proposed rates to repay this inter-fund debt. Adoption of these rates would result in repayment of the General Fund by September 30, 1982, and repayment of all funds by September 30, 1983, if they can keep the rates up to date to meet their operating costs. He added that there is the additional question concerning the City's share of funding for the lime sludge stabilization project at the Regional Plant which is about $450,000. They are proposing that $200,000 of this come from existing reserve for renewal and replacement and that the other $250,000 come from temporary internal borrowing. They would temporarily borrow this from the self insurance reserve which has about $1,000,000. These funds should also be repaid by September 30, 1983, if other adjustments are made as required by operating costs. Council has been given a rate comparison sheet and a copy of the infor- mation received today from May Zima. They need to have these rates adopted so they can have them in effect on April 1st. It is recommended that an ordinance be prepared for First Reading at a special meeting next Tuesday night; Second Reading would be held the following week. Mr. Robert French, Coalition for Good Government, reiterated the following recommendations which were made' to City Council at a former meeting: (1) Hire an Assistant City Manager to lift the burden of Administrative detail, allowing the City Manager to direct his atten- tions toward larger Administrative tasks; (2) A more active role by Council to ensure that its policy decisions are being efficiently im- plemented; and (3) Better use of the expertise of volunteer citizens whose cumulative experience would provide an invaluable service to the community. Mayor Weekes advised Mr. French that the City Manager has already advertised for an Assistant City Manager and has received many applications for the position. Mr. French spoke in regard to the Water and Sewer situation. They are shocked by the proposed rate increases and cannot understand how a water rate deficit of such magnitude could have gone on for so long without the Administration and Council being aware of an impending crisis. The public is confused and alarmed over implications which generated the new rate charges and they ask the following: (1) how equitably are the new rates spread among the many users? (2) their water supply is not man-made and cannot be duplicated, therefore wouldn't it be sensible to reward those who conserve water and to provide incentives for them to continue this practice? (3) has Council considered the possibility of an interim surcharge which could carry them over until a more thorough study can produce greater understanding of the new rates? - 2 - 02/23/82 Mr. Bird advised that when they selected the May Zima Com- pany to do a water and sewer study, they charged May Zima with the task of keeping the City Council informed as to how they stand financially. At the July 7, 1981, meeting, despite the fact that a financial indica- tor letter of April 27th indicated a $511,000 imbalance, Mr. Thorsen, May Zima representative, stated that when viewed against the bond cove- nants the Water and Sewer fund is in "fine financial shape" and also stated "as I keep telling everyone, there is nothing to cause alarm". Mr. Bird questioned how they can be in fine financial shape on July 7, 1981, and be in disastrous financial shape by Christmas time. Mr. Bird submitted that, in part, Council was lulled into a false sense of secu- rity. He added that May Zima's time table stated that, after receipt of some basic City financial information, May Zima could complete a rate study in a 45 day period. May Zima said that they were held up because information from the City was not delivered until the end of September, yet 45 days from the end of September would have brought them to mid- November and the City, in fact, received the rate study 90 days after that. He suggested that Council ask the City Attorney to review their contract for severability. Mr. Bird moved to direct the City Attorney to review the contract for severability, seconded by Mr. Blair. Said motion passed unanimously. Mrs. Durante moved to instruct the City Attorney to prepare the ordinance using the revised figures, seconded by Mr. Bird. Said motion passed unanimously. Mrs. Elizabeth Matthews stated that Council is trying to solve a problem in two weeks and this action appears to her as crisis management. She suggests putting off this decision and finding an interim way of raising the funds. She noted that the issue of water conservation has not been addressed at all and she feels the City should be making an effort to educate the people. She urges Council to look into the water conservation aspect of this problem rather than trying to solve it so fast. Mayor Weekes advised that it is imperative that Council take action to get more income and they cannot defer that; however, he agrees with the suggestion to look into ways to encourage water conservation. He inquired as to whether this situation is of sufficient urgency for Council to adopt an interim emergency ordinance implementing the pro- posed rates, with plans to revisit this in about 60 days to enact perma- nent rates. The City Attorney replied that it would be possible. The City Manager advised that this is a radical departure from their current system which is billed through the computer. It would take a lot of programming time to implement and he would not recommend making that kind of adjustment just as a 60 day interim meas- ure. If Council is not happy with the proposed system, he suggests that they calculate some sort of percentage increase as a 60 day interim measure and then get into a more esoteric system later. Mrs. Durante suggested they adopt the proposed rates and instruct the City Manager to do some research into water conservation measures, which issue they can bring to workshop when the City Manager is prepared. At that time, they can also consider adopting new rates. Mayor Weekes reiterated the City Manager's comments as to programming time and implementation and agreed that the proper interim measure would be a percentage increase. Mr. David Huddleston, Finance Director, advised that they can implement those rates, do a graduated study and adjust it into the presently proposed rate schedule. The additional funds that would be generated by a graduated scale could be plugged in for proposed review; that figure would then be offset and the normal low user would be bene- fited by the additional reserve brought in. It is basically an imposi- tion against the high water users. Mr. Bird stated that he would be most comfortable with accepting the philosophy, writing the ordinace and adjusting it when a full fledged study as to an equitable and desirable system of commodity charges can be established. - 3 - 02/23/82 At this point the roll was called to the motion. PUBLIC HEARINGS 6. Zoning Ordinance Amendment - Parks & Recreation Land Dedica- tion. Ordinance No. 5-82, amending the zoning ordinance relative to dedication of park and recreation land or an in-lieu payment by devel- opers of multi-family planned residential developments, hotels, motels, resort dwelling units and single family units, 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. 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 AND SINGLE FAMILY UNITS WHICH ARE NOT PART OF A NEW SUBDIVISION"; 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 ENACTING 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 SUBSEC- TION (S) "PARK AND RECREATION LAND DEDICATION; BY AMEND- ING 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 SUBSECTION (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 MULTI- PLE FAMILY UNITS, PLANNED RESIDENTIAL UNITS, HOTELS, MOTELS, AND RESORT DWELLING UNITS, AND SINGLE FAMILY UNITS WHICH ARE NOT PART OF A NEW SUBDIVISION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 5-82 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. Mr. John O'Grady, on behalf of the Delray Beach Board of Realtors, spoke in opposition of impact fees and in support of the 1¢ sales tax. He stated that the 1¢ sales tax is more fair and equitable and they plan to work hard to get it passed. If passed, it will generate between 750 and 800 million dollars in the State and ½ cent will come back to the City of Delray. The homeowner already has to face 17½% and 3-4 points and the Board of Realtors does not think this is a good time to place an impact fee on shelter. There is already a lack of afford- able housing and rental units and an impact fee will not encourage investors to put up rental units. He suggests that Council wait until they are financially healthier before imposing an impact fee. - 4 - 02/23/82 The public hearing was closed. Mr. Blair moved for adoption of Ordinance No. 5-82 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. Before roll call the following discussion was had: Mr. Blair noted that this is the first time the Board of Realtors has spoken up on impact fees. He feels that they should have come forward earlier as this issue has been under discussion for many months. He added that he, too, pays taxes in Delray Beach and would much rather see his tax dollars go for recreation for their youngsters than to add 10 more policemen. Mayor Weekes advised that the City has had a similar impact fee ordinance on single family developments for years. When that ordi- nance was passed there were no complaints from the realtors. The ordi- nance under discussion tonight has already been stalled for about a year. Until receipt of a letter from the Board of Realtors a few weeks ago, he never heard any complaints on it. He heartily supports the 1¢ sales tax and feels that it is necessary but will not serve in lieu of an impact fee to enhance their recreational capabilities in the City. Mrs. Durante stated that the times are not going to get any better. There is only so much land and so many projects left to be built within the City and if they wait a few more years, there won't be any point in adopting this ordinance. Mr. Scheifley noted that when the developers came before Council on this issue they seemed to acquiesce without any difficulty and they are the people who will be putting up the money. At this point the roll was called to the motion. 7. Amend Code - Parks & Recreation Land Dedication. Ordinance No. 6-82, amending Chapter 24 "Subdivisions" relative to dedication of park and recreation land or an in-lieu payment by developers of single family units, multiple family units, planned residential units, hotels and motels and resort dwelling units and reservation of land for school sites, 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. 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 RE- CREATION LAND OR A FEE OF FIVE HUNDRED DOLLARS ($500.00) PER UNIT IN LIEU THEREOF; AND WHICH IN SUBPARAGRAPH (C), "SCHOOL SITES", REQUIRES RESERVATION OF LAND FOR SCHOOL SITES; PROVIDING FOR A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 6-82 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 publ~c5h~aring was closed~2/23/82 Mr. Bird moved for adoption of Ordinance No. 6-82 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. Amend Code - Stem Wall Survey. Ordinance No. 11-82, amend- ing Chapter 9 "Buildings and Construction" in order to require submis- sion of the stem wall survey, 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. The City Manager presented Ordinance No. 11-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMEND- ING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", TO REQUIRE SUBMISSION OF THE STEM WALL SURVEY PRIOR TO ANY WALL BEING CONSTRUCTED WHICH WOULD EXCEED THE ELEVATION OF THE FLOOR SLAB; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 11-82 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. Blair moved for the adoption of Ordinance No. 11-82 on Second and FINAL 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. 9. Amend Code - Submission of Two Copies of Approved Site Plan. Ordinance No. 12-82, amending Chapter 9 "Buildings and Construction" in order to require submission of two copies of the approved site plan, 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. 12-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION, ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 105.4(a)(1), "PLOT DIAGRAM", TO REQUIRE SUBMISSION OF TWO (2) COPIES OF THE APPROVED SITE PLAN WITH BUILDING PERMIT APPLICATIONS FOR DEVELOPMENTS HAVING HAD EITHER CONDITIONAL USE OR SITE AND DEVELOPMENT PLAN APPROVAL; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. (Copy of Ordinance No. 12-82 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. - 6 - 02/23/82 Mrs. Durante moved for the passage of Ordinance No. 12-82 on Second and FINAL 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. 10. Amend Code - Docks, Dolphins, Finger Piers and Boat Lifts. Ordinance No. 13-82, amending Chapter 9 "Buildings and Construction" to provide for modification of the standards for approval relative to docks, dolphins, finger piers and boat lifts, 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. 13-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION'', ARTICLE XV.5, "DOCKS, DOLPHINS, FINGER PIERS AND BOAT LIFTS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW SUBSECTION 9.534, "MODIFICATION OF STANDARDS FOR APPROVAL; APPEAL", TO PROVIDE FOR MODIFICATION OF THE STANDARDS SET FORTH IN THIS ARTICLE UNDER CERTAIN CONDITIONS AND UPON RECOM- MENDATION BY THE CITY ENGINEER AND APPROVAL BY CITY COUNCIL, AND PROVIDING FOR APPEALS TO CITY COUNCIL FOR RECOMMENDATIONS OF DENIAL OF SUCH MODIFICATIONS; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 13-82 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. Blair moved for the adoption of Ordinance No. 13-82 on Second and FINAL 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. 11. Amend Code - Newsrack Regulations. Ordinance No. 14-82, amending Chapter 23 "Streets and Sidewalks" relative to newsrack regu- lations, is before Council for consideration on Second and FINAL Read- ing. 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. 14-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 23, "STREETS AND SIDE- WALKS", BY ENACTING A NEW ARTICLE IV, NEWSRACK REGULA- TIONS'', PROVIDING DEFINITIONS; PROVIDING STANDARDS FOR INSTALLATION OF NEWSRACKS ON PUBLIC RIGHTS-OF-WAY; REGU- LATING THE LOCATION AND PLACEMENT OF NEWSRACKS; PROVIDING FOR ABANDONMENT; REGULATING NEWSRACKS LOCATED ON PRIVATE PROPERTY; PROVIDING FOR ENFORCEMENT OF NEWSRACK REGULA- TIONS; PROVIDING FOR APPEALS; PROVIDING A SAVING CLAUSE; PROVIDING FOR MAILING OF COPIES OF THIS ORDINANCE; PRO- VIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 14-82 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. - 7 - 02/23/82 Ms. Rosemary Bragg, Penthouse Delray, S. Ocean Boulevard, stated that they have five or six newsracks and a post box; it is an eyesore and it sometimes interferes with traffic because you cannot see going out of there. All she wants to know is who owns this land, who she can speak to regarding this problem, and whether or not they can move the newsracks. It's on the highway side of the sidewalk and Dr. Wright owns the lot right next to Penthouse Delray. Mayor Weekes stated that if the newsracks are located on the street side of the sidewalk, they are on public right-of-way, i.e., DOT property. He advised Ms. Bragg to wait until Council passes this ordi- nance because it deals with the placing of newsracks on public rights- of-way where they may pose a hazard to the public; if they pose a haz- ard, the City would have the legal authority to instruct that those newsracks be moved. Upon further question by Ms. Bragg, Mayor Weekes advised her to call Bill Fowler, District Engineer for DOT in Fort Lauderdale for possible assistance. In response to Ms. Bragg!s comments, the City Manager stated that Mr. McFadden, Code Inspector, gave him a report and there is a letter to her in the mail. Mr. McFadden's inspection found that those racks do not violate this ordinance. Therefore, the City would not be able to help out in this particular situation and he reiterated Mayor Weekes' advice to contact DOT. He added that he hopes that the news- paper companies will be sympathetic to the problem. Mr. Dean Skyler, Publisher of Delray Beach News Journal, stated that Section 23-51(e) indicates that they may not have more than one newsrack within 1,000 feet or one block, whichever is less, unless they can demonstrate a public need for the excess newsracks. He asked what criteria they will be judging this public need on and asked if that can be added to the ordinance. The City Attorney replied that there is nothing set forth in the ordinance regarding that; that would have to be a determination by the City Manager. The ordinance could be amended to set forth specific criteria by which public need could be demonstrated. Mayor Weekes stated that Mr. Skyler brought up a good point and he suggested that they adopt the ordinance tonight and then address an amendment to it. Mr. Skip Johnson, representative of Post Times, advised that sales volume at a location where there is more than one rack might serve as criteria to make a judgment. On Sunday one newsrack will only hold about 20 to 25 of the major newspapers; that might be one consideration. They at the Post Times heartily support the City's attempt to regulate newsracks. The ordinance appears to be safety oriented and, in the long run, he feels it will be a help to them also. He stated that they attach or chain their newsracks to keep them from tipping over and hurting someone and also to prevent theft and questioned Section 23-51 (c). The City Attorney replied that generally this provision is de- signed so that they are not chained to, for instance, a fire hydrant. Upon further question, the City Attorney explained that it is the City's burden to show the violation of the ordinance after the newsrack has been placed. Mayor Weekes stated, for the record, that the local news- papers are generating considerable ill will among some segments of the community by the placement of these racks in residential areas. The City cannot legally correct the problem; the placement of racks is something which the newspapers must determine. They have had numerous complaints; Vista Del Mar at Andrews Avenue is one. Mr. Sam Schwimer, Pines of Delray, stated that he is con- cerned with two areas; Linton and Lowson Boulevards. On Lowson Blvd. across the street from the Pines of Delray and bordering the right-of- way of the Fairways, there are several newsracks which he feels consti- tute a very serious hazard. There are also a number of places on Linton Boulevard; at the entrance to Delray Estates (Catherine Lane), at the entrance to Shadow Oaks, and at Dover Road and Linton Boulevard. Each of these corners is a hazard. - 8 - 02/23/82 Mr. Jack Kellerman, High Point, stated that they have news- racks on Barwick Road which are located very close to their exit. He feels that this is a safety hazard. When cars pull over to buy a news- paper, they cannot see down the road to make a turn. They would like to see those newsracks moved up about 500 feet. The public hearing was closed. Mrs. Durante moved for the adoption of Ordinance No. 14-82 on Second and FINAL Reading, seconded by Mr. Bird. Mr. Bird noted that the Post Office shopping center will be in violation of this ordinance if the ordinance is passed as written. Since they have not yet settled on a definition for public need, he suggested that they remove paragraph (e) of Section 23-51 and then put in the appropriate wording at a later date. The City Attorney replied that they can adopt the ordinance with the deletion of paragraph (e). Mrs. Matthews suggested a distinction in the ordinance between commercial and residential areas. The City Attorney stated that he is concerned about applying the 1000 feet restriction to residential areas only without sufficiently studying on what basis they make that differentiation. The motion and second were withdrawn. Mrs. Durante moved for the adoption of Ordinance No. 14-82 on Second and FINAL Reading with the deletion of subparagraph (e) of Section 23-51, 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, Mrs. Durante requested that the Admini- stration take note of those locations which have been mentioned tonight as possible safety hazards and have the Inspector go look at them. The City Attorney advised that there is a 30 day effective date on this ordinance. At this point the roll was called to the motion. 13. Zonin~ Ordinance Amendment - Limiting Extension of Screened Enclosures. Ordinance No. 17-82, limiting the extension of screened enclosures to the interior side setback areas, is before Council 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. The City Manager presented Ordinance No. 17-82: 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 30-8.1(R)(11) "PRD-4 PLANNED RESIDENTIAL DISTRICT," SECTION 30-8.2(R)(11) PRD-7 PLANNED RESIDEN- TIAL DISTRICT," AND SECTION 30-8.3(R)(11) "PRD-10 PLANNED RESIDENTIAL DISTRICT"; LIMITING THE EXTENSION OF SCREENED ENCLOSURES TO THE INTERIOR SIDE SETBACK AREAS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 17-82 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. 17-82 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. - 9 - 02/23/82 CONSENT AGENDA Mr. Scheifley noted that Item 14 of the Consent Agenda is incorrect; it should read "first regular Workshop Meeting to be held during the month of March". Mr. Bird advised that he will be unable to attend the workshop meeting if they move it to Wednesday, March 3rd. Mr. Scheifley stated that it is not necessary to schedule a definite date at this time; workshop meetings are informal and the City Manager can call for one at anytime. Mayor Weekes suggested deleting Item 14 from the Consent Agenda. It was the consensus of Council to hold the workshop meeting on March 2nd, Election Day, as originally scheduled. The following items are to be considered by Council as the Consent Agenda: 15. Intervention in Ongoin~ Litigation - Kreidler vs Smith (Sun shine Law). Council should consider authorizing and directing the City Attorney to take appropriate steps to participate as amicus curae in the declaratory judgment action of Kreidler vs Smith in Circuit Court for Palm Beach County relative to Sunshine Law. Approval is recommended. 16. Refund of Membership Dues - Delray Beach Country Club. Council is to consider amending the membership policy to permit members who have prepaid their greens fees and become incapacitated (as shown by a doctor's certificate to that effect) to receive a pro-rated refund of their membership dues provided a waiting list for membership exists at the time; and that persons receiving such refunds shall relinquish all membership rights and seniority. Approval is recommended. 17. Lease Agreement for Bulk Storage Tanks. Council should consider authorizing execution of lease agreement with Davis Process (the odophos suppliers) for three 3,000-gallon storage tanks. Approval is recommended. 18. Performance Study of Previous Beach Projects. Council is to consider authorizing a performance study of previous beach projects and analysis of present needs of the City to be conducted by Arthur V. Strock & Associates, Inc. at a total study cost of $35,000 with funding to come from the beach restoration fund. 19. Plumosa Park Agreement. Council should consider authorizing execution of Addendum to the agreement between the City and the Palm Beach County School Board. Approval is recommended. 20. Request for Solicitation of Funds. A communication has been received from Veterans of Foreign Wars, O'Neil Priest Post 4141, re- questing permission to solicit funds from March 26th to March 27, 1982. Approval is recommended. 21. Request for Solicitation of Funds. A communication has been received from Trinity Council #4839, Knights of Columbus, requesting permission to solicit funds from March 5th to March 6, 1982. Approval is recommended. 22. Heat Pump and Air Handler - Community Center. Council is to consider adoption of Resolution No. 10-82, awarding a contract for a 7.5 ton heat pump and air handler to the low bidder, Russell W. Jennings, and authorization of the transfer of $4,000 from the Tennis Center account to the Community Center account. The $4,000, together with the current balance of $2,059, would be used to fund the heat pump and air handler. Approval is recommended. The caption of Resolution No. 10-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AWARDING A CONTRACT FOR THE FURNISHING AND INSTALLATION OF A 7.5 TON HEAT PUMP AND AIR HANDLER FOR THE COMMUNITY CENTER. (Copy of Resolution No. 10-82 is on file in the official Resolution Book) - 10 - 02/23/82 23. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 11-82, accepting all the sanitary sewers and water utilities in Isles of Delray Section Two, is before Council for consideration. Approval is recommended. The caption of Resolution No. 11-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN ISLES OF DELRAY, SECTION TWO, AS RECORDED IN PLAT BOOK 40, PAGES 132 AND 133 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAIN- TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 11-82 is on file in the official Resolution Book) 24. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 12-82, accepting all the sanitary sewers and water utilities in- stalled in Park Ten Subdivision, is before Council for consideration. The caption of Resolution No. 12-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PARK TEN SUBDIVISION, AS RECORDED IN PLAT BOOK 42, PAGE 136 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: S.W. 15TH AVENUE FROM S.W. 10TH STREET SOUTH APPROXIMATELY 650 FEET, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVE- LOPER FOR ONE YEAR. (Copy of Resolution No. 12-82 is on file in the official Resolution Book) 25. Streets and Storm Drains Acceptance. Resolution No. 13-82 accepting all the streets and storm drains installed in Park Ten Sub- division, is before Council for consideration. Approval is recommended. The caption of Resolution No. 13-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN PARK TEN SUBDIVISION, AS RECORDED IN PLAT BOOK 42, PAGE 136 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 13-82 is on file in the official Resolution Book) 26. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 14-82, accepting all the sanitary sewers and storm drains installed in Rainberry Bay, Section iA, is before Council for consideration. Ap- proval is recommended. - 11 - 02/23/82 The caption of Resolution No. 14-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN RAINBERRY BAY, SECTION lA, RECORDED IN PLAT BOOK 34, PAGES 106 AND 107 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACI- LITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 14-82 is on file in the official Resolution Book) 27. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 15-82, accepting all the sanitary sewers and water utilities in- stalled in McEwen Lumber Subdivision, is before Council for considera- tion. Approval is recommended. The caption of Resolution No. 15-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN McEWEN LUMBER SUBDIVISION, AS RECORDED IN PLAT BOOK 38, PAGE 143 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATION: S.W. 2ND STREET FROM CONGRESS AVENUE EAST TO THE PROJECT AND WITHIN THE PLAT LIMITS, AS OPERA- TIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 15-82 is on file in the official Resolution Book) 28. Streets Acceptance. Resolution No. 16-82, accepting all the streets installed in McEwen Lumber Subdivision, is before Council for consideration. Approval is recommended. The caption of Resolution No. 16-82 is as follows: A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS INSTALLED IN McEWEN LUMBER SUBDIVISION, AS RECORDED IN PLAT BOOK 38, PAGE 143 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFOR- MANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 16-82 is on file in the official Resolution Book) 29. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 17-82, accepting all the sanitary sewers and water utilities in- stalled in Homewood Lakes, Section B-I, is before Council for considera- tion. Approval is recommended. - 12 - 02/23/82 The caption of Resolution No. 17-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN HOMEWOOD LAKES, SECTION B-1 AS RECORDED IN PLAT BOOK 37, PAGES 15 AND 16 OF THE PUB- LIC RECORDS OF PALM BEACH COUNTY, FLORIDA, COMPRISING THE FOLLOWING LOCATIONS: WITHIN THE PLAT LIMITS IN S.W. 27TH TERRACE AND S.W. 28TH AVENUE, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 17-82 is on file in the official Resolution Book) 30. Streets and Storm Drains Acceptance. Resolution No. 18-82, accepting all the streets and storm drains installed in Homewood Lakes, Section B-i, is before Council for consideration. Approval is recom- mended. The caption of Resolution No. 18-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE STREETS AND STORM DRAINS INSTALLED IN HOMEWOOD LAKES, SECTION B-l, AS RE- CORDED IN PLAT BOOK 37, PAGES 15 AND 16 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAIN- TENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 18-82 is on file in the official Resolution Book) Mr. Bird moved for the adoption of the Consent Agenda with the exception of Item 14, seconded by Mr. Blair. Said motion passed unanimously. REGULAR AGENDA 31. Ordinance No. 18-82, amending Chapter 2 "Administration" establishing an Internal Audit Committee, is before Council for consid- eration on First Reading. The City Manager presented Ordinance No. 18-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW ARTICLE IV "INTERNAL AUDIT COMMITTEE"; PROVIDING FOR ESTABLISHMENT OF A COMMITTEE TO STUDY, REVIEW, AND SUBMIT REPORTS AND RECOMMENDATIONS ON CITY BUDGETS AND VARIOUS FINANCIAL REPORTS AND PROJECTS; PROVIDING FOR ITS COMPOSITION, TERMS OF OFFICE, QUALIFI- CATIONS OF MEMBERS, QUORUMS, VACANCIES, REMOVAL AND COMPENSATION; PROVIDING FOR SUCH COMMITTEE'S PROCEDURES AND RECORDS; PROVIDING FOR ASSISTANCE FROM OTHER PERSONS AND BOARDS AND FOR PUBLIC COMMUNICATION; PROVIDING FOR THE DUTIES AND POWERS OF SAID COMMITTEE; PROVIDING THAT SAID COMMITTEE SHALL BE ADVISORY ONLY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. - 13 - 02/23/82 Mr. Blair moved for adoption of Ordinance No. 18-82 on First Reading, seconded by Mr. Bird. Before roll call, the City Manager advised that there is an error in Section 2-78(C)(3); it should read "adequacy and equity of various city revenues". They should leave out "and appropriations" because they do not appropriate revenues. Mr. Blair moved for adoption of Ordinance No. 18-82 on First Reading with the amendment as advised by the City Manager, 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. Al. Double Taxation. The City Manager reported that he spoke with Dick Kelton, Kelton and Associates, who is an associate with four cities in this County which have double taxation. Mr. Kelton informed him that there are a number of other cities that are interested in opening up a "second front in the war against double taxation". It is recommended that Council instruct the City Manager and City Attorney to negotiate with Kelton and Associates and with other cities in Palm Beach County to conduct a study of double taxation. Mr. Bird advised that he spoke with the Mayor of Atlantis and they are prepared to join with them. The City Attorney advised that he knows of at least three other municipalities that are at the same point they are. Mr. Bird advised that there is a meeting of the Muni- cipal League on February 25th at 9:00 A.M. in Riviera Beach City Hall and he hopes that someone will be there to make a presentation on this issue. If they cannot get someone, he would be willing to make the presentation himself. The City Manager noted that if too many cities join them, it can become quite cumbersome for the person doing the study. The ideal is to have a group of less than ten cities joining in the study. Mayor Weekes concurred and suggested they ask Mr. Kelton if it might be better if they have cities of similar size and situation, such as Boynton Beach and Lake Worth. Upon question by Mr. Scheifley, Mr. Bird advised that four weeks ago it was reported that the Chairman of the County Commission had stated absolutely that he intended to take no action as a County Com- missioner to grant relief until such time as the Supreme Court of the State of Florida directed it. Mr. Bird moved to instruct the City Manager and City Attor- ney to negotiate with Kelton and Associates and such other cities that they deem appropriate, seconded by Mr. Scheifley. Said motion passed unanimously. Before roll call, the City Attorney advised that at that point in time, they will report back to Council for authorization of retaining Kelton and Associates as outside consultants. Council re- quested that this be accomplished as expeditiously as possible. Mayor Weekes asked that the Administration research the resolution Council passed to get this action started. At this point the roll was called to the motion. A2. Mr. Scheifley moved to award certain contracts to improve Plumosa Park in accordance with addendum to agreement between the Palm Beach County School Board and the City, seconded by Mr. Bird. Said motion passed unanimously. A3. Zoning Ordinance Amendment - Parks & Recreation Land Dedica- tion. Ordinance No. 19-82, relative to dedication of park and recrea- tion land to provide for a clarifying cross reference, is before Council for consideration on First Reading. The City Attorney advised that this ordinance places a tickler in the single family dwelling districts section of the Zoning Code that cross references those other two ordinances which Council passed tonight on Second Reading. They just wanted to make sure that all the departments catch that when people come in for their single family dwelling permits. - 14 - 02/23/82 The City Manager presented Ordinance No. 19-82: 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 30-5 "SINGLE FAMILY DWELLING DISTRICTS" TO ADD A NEW SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION" TO CLARIFY AND CONFIRM THE APPLICABILITY OF SUBSECTION 30-17(U), "SUPPLEMENTARY REGULATIONS", AND CHAPTER 24, ARTICLE III, SECTION 24-36 "PUBLIC SITES" REGARDING THE APPLICABILITY OF SUCH PARK AND RECREATION LAND DEDICATION OR "IN LIEU" PAYMENTS TO SINGLE FAMILY DWELLING DIS- TRICTS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance and advised that a phrase has been added to Chapter 30 "Zoning" Section 30-5 "Single Family Dwelling District" and Chapter 24, Article III, Section 24-36 "Supplementary Regulations" regarding such park and recreation land dedication to single family dwelling districts. Mr. Blair moved for the adoption of Ordinance No. 19-82 on First 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. 35. Adjournment. Mayor Weekes declared the meeting adjourned at 8:50 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 23, 1982, which 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. - 15 - 02/23/82