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12-14-82 DECEMBER 14, 1982 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:00 P.M., Tuesday, December 14, 1982. Mayor Young extended a Merry Christmas, a Happy Chanukah and a healthy, proposperous New Year to all the citizens of Delray Beach. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Leo A. Blair Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager Gordon D. Tiffany, and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend Grant McDonald, Lakeview Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a.1. Mr. Modestino Cafaro, 1051 Orange Terrace, spoke in opposi- tion of the time restrictions placed on walkers using the golf course and requested that more time be given to walkers. The City Manager advised that last week an organizational meeting of the newly constituted Golf Advisory Board was held. The Board will be taking up this type of issue as they get into their regu- lar meetings starting in January. He suggested that Mr. Cafaro submit a letter through his office directed to the Golf Advisory Board. 4.a.2. Mr. Cafaro stated that on S.W. 10th Street from Dixie High- way to Germantown Road garbage and trash is left in front of the houses for three or four days at a time. The dogs get into it and it is a terrible sight. Further, there is an abandoned gas station on the corner of Germantown Road and S.W. 10th Street with about 500 tires thrown about. Mr. Bird advised Mr. Cafaro to contact Mrs. Wilkens, County Commissioner, with regard to the gas station which is county property. Mayor Young added that most of the property Mr. Cafaro is discussing is in the county. The City has no control over it at all. 4.b.1. Mr. Perry stated that he wants to present information to Council with regard to an appointment to the Community Apperance Board made last week, at which time he dissented. Mr. Bird noted, as a point of order, that if the item is to be revisited, it has to be brought to the floor by a member of the prevailing side. The City Attorney advised that if Mr. Perry is asking for a motion to reconsider then Mr. Bird is correct. Mr. Bird suggested that Mr. Perry communicate to them in writing. Mr. Perry deferred. 4.b.2. Mr. Bird stated that when Council reinstated him as Vice- Mayor, they neglected to reinstate Resolution No. 99-82, which created the position of Vice Mayor Pro Tempore and empowering him to act in the absence of the Mayor and Vice-Mayor. Mr. Bird moved that the provisions of Resolution No. 99-82 be reinstated and that Mr. Leo Blair be designated Vice-Mayor Pro Tem- pore to serve until the Organizational Meeting on the first Monday of April, 1983, seconded by Mr. Jackel. Said motion passed unanimously. 4.b.3. Mr. Bird stated that there are some provisions within the 'City Charter which could be improved upon without any great change to the Charter. For one, their line of succession is not clear enough; there is a provision should one of them die in office they would still have to have a formal meeting to inform the public they have a vacancy. He feels that one change which must be made is a change in the voting date from the first Tuesday in March to the second Tuesday in March. They would then have their election on the same date as the presidential preference primary on the quadrenniel year. Further, they would then only be required to pay the cost of their portion of the ballots, for a savings of about $5,000 to $6,000 to the City. He feels that several other provisions should be studied and asked that any members of the public, Council, or the staff, come forward if they have any sugges- tions. They will run out of time soon; these should be prepared for action at the first formal meeting in January. Mr. Bird stated further that one provision, which he feels should be looked at is the requirement for a second election, if they do not have 50% + 1 vote for the winner the first time around. He cannot recall an election that was changed by that law and the second election requires the same cost as the first. He added that he has had a few other suggestions which he will communicate to Council in writing be- cause they are rather complex. 4.b.4. Mr. Bird extended happy holiday wishes to the public. 4.b.5. Mr. Jackel, on behalf of himself and his wife, Adele, ex- tended best wishes to City Council, the Administration and the public for a Merry Christmas and a healthy happy year ahead. 4.b.6. Mayor Young stated that he feels the reason for the lack of service by the Internal Audit Committee (IAC) is that they are not continually kept informed of the various things that are happening at the Council level. A lack of communication from several departments of the City could be greatly improved upon. Mayor Young requested that the City Manager issue instructions so that the IAC does receive pertinent information on matters coming before Council. The City Manager advised that it is their intent to provide the IAC with any material which they would find useful and, if there are specific requests for information, they would be more than happy to provide it. Mayor Young stated that some information could be passed to the IAC without them specifically asking for it; there are often matters which Council and the Admini- stration know about but they do not. The City Manager replied that he will see what they can do in response to that request. 4.c.1. The City Attorney requested that Item 26, the Bond Reso- lution, be tabled and considered at a special meeting sometime next week. They did not receive the necessary materials from their New York Bond Counsel in time for this evening. 4.c.2. The City Attorney reported that they had a hearing this afternoon relative to the lawsuit from the Pines of Delray North Condo- mimium Association against Delray Beach, Boynton Beach and the SCRWTD Board. The City had three motions before the Court. The Court denied their motion to dismiss on the basis of standing. Both cities and the Board argued that the Condominium Association, which is the only plain- tiff in the lawsuit, had no standing to bring forth a lawsuit, on the basis that the individual persons who reside there all have different characteristics that cannot be lumped together under a single entity; specifically, dates of purchase, geographic location, etc. Those argu- ments were made to Judge Barkett and she ruled against them. It is the opinion of himself and the attorneys for Boynton Beach and the SCRWTD Board that they should file an interlocutory appeal of that ruling. What that will do is bring that ruling up to the Fourth District Court of Appeal and cause additional time to process the case. They recom- mended that Council authorize them to institute the interlocutory ap- peal. There is only a 10 day appeal period. - 2 - 12/14/82 Mr. Jackel moved that the City Attorney be instructed to introduce an interlocutory appeal, seconded by Mr. Blair. Said motion passed unanimously. Before roll call the following discussion was had: Upon question by Mr. Bird as to the other two motions that were filed, the City Attorney explained that one was a motion to strike the request that the Condominium Association be awarded attorneys' fees; the Judge agreed and dropped that and another paragraph from the complaint. Another was a motion for a more definite statement to require the Association to elaborate in their complaint; the Judge did not feel that was necessary. Upon question by Mr. Bird, the City Attorney explained that the purpose of the appeal is to answer a question before going to trial that would probably need to be answered at the appellate level after trial otherwise. At this point the roll was called to the motion. 4.d.1. The City Manager requested that Items 28 and 29 be removed from the agenda. He noted an error on the agenda; under Item 22 the last line should read "to SAD (Special Activities) District". 4.d.2. The City Manager reported that Council has received a copy of a draft contract for refuse collection in the City. As it is a lengthy document and they only received it last night, they will not discuss the details of it this evening. He added that today they mailed out copies of the agreement to nine potential bidders and asked that they give their comments. They have also circulated the draft to other interested people who will be asked to comment. The City Manager further suggested that one way to go about the initial review of that contract is for the City Attorney, himself and Mr. Gance to sit down with Council Members individually, at their convenience, and go through the contract in as much detail as Council Members wish. He further stated that once they get into review of the specifications for service itself, he would expect a series of public hearings and considerable public input on just what kinds of services are required in the various areas of the City. 4.d.3. The City Manager wished the public, the Council and the employees a happy holiday season and a prosperous year ahead. Mr. Bird stated that, regarding the garbage collection contract, he feels they will need some guidance from staff as to what constitutes an average size garbage collection route and where they are currently. The City Manager replied that they will furnish Council with route maps which have been revised significantly since October. The City Manager advised that they had a call today from Mr. Harold Cole, Chairman of the Board of Trucksmore Industries. He had received information that the City was not entirely happy with the performance of his equipment as it relates to the garbage carts. In the next two days they have offered to lend the City a factory owned truck from their demonstration fleet which has a different kind of lift mech- anism. There is no further cost or obligation to the City. 5. Mr. Bird moved for approval of the agenda with the deletion of Items 26, 28 and 29, and with the correction to Item 22 to read "SAD" in place of "MF-6", seconded by Mr. Jackel. Said motion passed unani- mously. PUBLIC HEARING 6. Ordinance No. 84-82 - Navilio Annexation. Ordinance No. 84-82, relative to annexing a parcel of land located east of S.W. 8th Avenue, between Benjamin Avenue and Linton Boulevard, subject to RM-15 (Multiple Family Dwelling) District, 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. - 3 - 12/14/82 The City Manager presented Ordinance No. 84-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE WEST 324 FEET OF THE SOUTH HALF (½) OF LOT 8, LESS THE SOUTH 53 FEET THEREOF FOR THE RIGHT-OF-WAY OF LINTON BOULEVARD, LYING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 84-82 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. Jackel moved for the adoption of Ordinance No. 84-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 7. Ordinance No. 85-82 - Navilio Annexation. Ordinance No. 85-82, relative to annexing a parcel of land located east of S.W. 8th Avenue, between Benjamin Avenue and Linton Boulevard, subject to R-iA (Single Family Dwelling) District, 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. 85-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 17, BLOCK 6; LOTS 1 THROUGH 19, BLOCK 8; LOTS 1 THROUGH 25, BLOCK 9; LOT 11, BLOCK 14, SOUTHRIDGE PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE WEST 25 FEET OF THE SOUTHWEST QUARTER OF LOT 8 IN THE SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CON- TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING 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. 85-82 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. Jackel moved for the adoption of Ordinance No. 85-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 4 - 12/14/82 8. Ordinance No. 86-82 - Yracheta Annexation. Ordinance No. 86-82, relative to annexing a parcel of land located south of Royal Palm Drive, between Lime Lane and Germantown Road, subject to R-iA (Single Family Dwelling) District, 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. 86-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH THE EAST 80 FEET OF LOT 7, BLOCK "B", SUNNY ACRES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 21, PAGE 63 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 86-82 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. Jackel moved for the adoption of Ordinance No. 86-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 87-82 - California Designs, Inc. Annexation. Ordinance No. 87-82, relative to annexing a parcel of land located west of S.W. 8th Avenue between S.W. 12th Street and Dixie Boulevard, subject to R-iA (Single Family Dwelling) District, is before Council for con- sideration 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. 87-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 1 THROUGH 12, BLOCK 13; LOTS 1 THROUGH 6, BLOCK 15; LOTS 1 THROUGH 12, BLOCK 16; LOTS 1 THROUGH 18, BLOCK 18, LOTS 1 THROUGH 13, BLOCK 19, SOUTHRIDGE PLAT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 38 AND 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 87-82 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. Jackel moved for the adoption of Ordinance No. 87-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 5 - 12/14/82 10. Ordinance No. 89-82 - Bird Annexation. Ordinance No. 89-82, relative to annexing a parcel of land, located east of S.W. 8th Avenue, between Benjamin Avenue and Linton Boulevard, subject to RM-15 (Multiple Family Dwelling) District, 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. 89-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 7 THROUGH 13, INCLUSIVE, BLOCK 14, PLAT 2 OF 2 OF SOUTH- RIDGE, AS RECORDED IN PLAT BOOK 13, PAGE 39, ACCORDING TO THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ~ICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 89-82 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. Jackel moved for the adoption of Ordinance No. 89-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 11. Ordinance No. 90-82 - Southridge Associates Annexation. Ordinance No. 90-82, relative to annexing a parcel of land located west of S.W. 8th Avenue, between Ella Street, if extended west and Linton Boulevard, subject to RM-15 (Multiple Family Dwelling) District, 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. 90-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 90-82 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. 90-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 6 - 12/14/82 12. Ordinance No. 91-82 - Linton Forest Annexation. Ordinance No. 91-82, relative to annexing a parcel of land located west of S.W. 8th Avenue between Sundy Avenue, if extended west, and S.W. 12th Street, if extended west, subject to RM-15 (Multiple Family Dwelling) District, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Read- · ng, a puDlic hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 91-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 91-82 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. 91-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 13. Ordinance No. 92-82 - Christiansen Annexation. Ordinance No. 92-82, relative to annexing a parcel of land located east of S.W. 4th Avenue, between Linton Boulevard and Southridge Road, subject to LI (Light Industrial), 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. 92-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 92-82 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. 92-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 93-82 - Palers Development Corporation Annexation. Ordinance No. 93-82, relative to annexing a parcel of land located north of Douglass Avenue, between S.W. 6th Avenue and S.W. 4th Avenue, subject to RM-15 (Multiple Family Dwelling) District, 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. - 7 - 12/14/82 The City Manager presented Ordinance No. 93-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 93-82 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. 93-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 15. Ordinance No. 94-82 - Mahns Annexation. Ordinance No. 94-82, relative to annexing a parcel of land located east of North Federal Highway between Allen Avenue and Avenue Au Soleil, subject to GC (General Commercial) District, 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. 94-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 39, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 21, PAGE 13, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUND- ARIES 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. 94-82 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. 94-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mr. Blair commended the City staff for moving ahead and getting these annexations done; Mayor Young concurred and added that he hopes they will let Council know how many more pockets they have in the City. The City Manager replied that they can give Council a report on that and added that Mr. McDaniel and the Planning staff have been very busy working on these and other things. Mr. Bird stated that, assuming Council will once again choose to present to the Legislative Delegation a request for some relief on annexation of pockets, he has requested that Mr. McDaniel make a map showing the remaining land outstanding and those parcels which they currently have annexation agreements with, which, for one reason or another, have not yet been brought into the City. That should be avail- able shortly. - 8 - 12/14/82 16. Ordinance No. 95-82 - Changin~ the City's Land Use Plan De- signation. Ordinance No. 95-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located north of West Atlantic Avenue, between Dover Road and Hamlet Drive, if these roads were extended north, from SF (Single Family) to C (Commer- cial), 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. 95-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, FROM SF-SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 95-82 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. Jackel moved for the adoption of Ordinance No. 95-82 on Second and FINAL Reading, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 17. Ordinance No. 96-82 - Changin~ the City's Land Use Plan De- signation. Ordinance No. 96-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located north of West Atlantic Avenue, between Dover Road and Hamlet Drive, if these roads were extended north, from SF (Single Family) to C (Com- mercial), 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. 96-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, FROM SF-SINGLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 96-82 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A puDlic hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 96-82, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 18. Ordinance No. 97-82 - Changin~ the City,s Land Use Plan De- signation. Ordinance No. 97-82, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for property located at the northeast corner of West Atlantic Avenue and Congress Avenue, from I (Industrial) to C (Commercial), is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. - 9 - 12/14/82 The City Manager presented Ordinance No. 97-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND LOCATED IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, FROM I-INDUSTRIAL TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 97-82 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. Jackel moved for the adoption of Ordinance No. 97-82 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 19. Ordinance No. 98-82 - Rezoning, Conditional Use, Site and Development Plan Approval - Congress Plaza at Delray. Ordinance No. 98-82, relative to rezoning and placing a 7-acre parcel which is pre- sently zoned LI (Light Industrial) District in SAD (Special Activities District) is before Council for consideration on Second and FINAL Read- ing. This parcel is located north of the C-15 Canal, between 1-95 and Congress Avenue. 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. 98-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENT- LY ZONED LI (LIGHT INDUSTRIAL) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 7 ACRE PARCEL OF LAND LOCATED NORTH OF THE C-15 CANAL, BETWEEN 1-95 AND CON- GRESS AVENUE, SAID LAND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 98-82 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. 98-82 on Second and FINAL Reading, seconded by Mr. Perry. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 20. Ordinance No. 99-82 - Rezonin~, Conditional Use, Site and Development Plan Approval - Branch Bank of Lantana. Ordinance No. 99-82, relative to rezoning and placing a 0.92-acre parcel which is presently zoned RM-15 (Multiple Family Dwelling) District in SAD (Spe- cial Activities District), is before Council for consideration on Second and FINAL Reading. This parcel is located at the northwest corner of Linton Boulevard and Congress Avenue. 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. - 10 - 12/14/82 The City Manager presented Ordinance No. 99-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRESENT- LY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 0.92 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, SAID LAND BEING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDI- TIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1977". (Copy of Ordinance No. 99-82 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. Lee Berg, attorney for Delray Estates Condominium Asso- ciation, stated they are here tonight to request as a condition to the approval of the site plan and the SAD, that Council require a 5 foot concrete block wall be erected between the proposed Bank of Lantana and the condomimium property. They feel the chain link fence would not create the same degree of impediment to pedestrian access, would not allow the same aesthetic appeal to the Association and would not block off the view or noise created by the bank. Further, they feel that erecting a concrete block wall is a small price to pay on the part of the bank in order to separate its commercial business from the residents of the condomimium. Mr. Doak Campbell, Chairman of the Planning & Zoning Board, advised that the Board did consider this and felt that the hedge would be the best approach; they felt a concrete wall is not necessarily the best divider. Upon question by Mr. Bird, he advised the chain link fence would be covered up by the hedge. Mr. Campbell further stated that if the need or desire for the concrete wall had presented itself at their Board meeting, he is sure they would not have opposed it; however, it was not brought to their attention that this was something of para- mount importance to the condominium dwellers. Mr. Ken Groves, representative, Bank of Lantana, stated that this matter was specifically addressed at the Planning & Zoning workshop meeting on September 28, 1982, when Mr. Simon, of that Board, said he did not think it was appropriate to wall off commercial developments or other developments within the City limits, for the reason that it wasn't necessarily aesthetically appealing. At that time they took their direction from the Board and proceeded accordingly. He feels the time- liness of Mr. Berg's arguments is somewhat questionable in itself. As for aesthetics, they should consider that if they build a concrete wall, the condominium association is going to be looking at a barren wall because the wall will kill the lower foliage of any hedge planted on the far side of it because no sunlight is going to get through to it. Presently, along the north boundary of the Bank property is a 15 foot ficus hedge which is very full and is backed by several mango trees which are 30 or 40 feet high. In that section, if they were going to put in a concrete wall as requested, because of the fact that the hedge is encroaching on the Bank's property presently, they would literally have to dig up that hedge in order to place a sufficient foundation to build such a wall. In so doing, they would probably be digging up 40% to 50% of the roots of the mango trees which would make them susceptible to immediate death, severe foliage loss and, in the event of any severe wind storm, a wind blowing from the south would likely topple those trees right into that first row of condominiums. He feels that the matter has been sufficiently aired and he is disturbed that the condo- minium chose to bring this matter up at this late time. - 11 - 12/14/82 Mr. Berg stated that the fact that this matter has been dis- cussed previously in front of the Planning & Zoning Board should in no way act as an impediment to doing what they consider to be the right thing. By the very nature of condominium ownership, you must have a consensus of the Board of Directors to take action and there was not a consensus at that time as to what they actually wanted. The fact that Mr. Groves does not find this aesthetically pleasing, from the Bank's point of view, should not be persuasive to Council, because it is the condominium that must make that determination. Mr. Bird asked Mr. Berg if the Association has considered Mr. Groves' comments with regard to the damage to the vegetation because of its proximity to the property line. Mr. Berg replied they had a brief discussion this evening and it was agreed that would be a business risk which the condominium would be willing to take and would be willing to protect itself against. The public hearing was closed. Mr. Blair stated that he personally likes hedges better than walls but feels that the condominiums around this piece of property should be protected in the way they so choose. Therefore, if a masonry wall is more satisfying to them, he would support the wall. Mr. Perry stated that he feels that walls are harsh and he doesn't like them and feels that the Community Appearance Board would not go for a wall if they were given the choice. He feels that Council has a duty not only to the condominium residents and the bank, but also to the passing public. He would not want to enforce another wall on the passing pub- lic, if it can be done in another manner. He sees no problem with a chain link fence if it's going to be buried by vegetation and will support that. Mr. Jackel concurred with Mr. Blair's view and stated that he doesn't understand why the homeowners have decided in this manner but will support their request. He further suggested that Mr. Berg go back to these homeowners and ask them to reconsider their view- point as he feels a fence and hedge are much more aesthetically appeal- ing than a wall. Further, he feels that a fence would be safer as it is easier to scale a wall. Mr. Berg replied the fact that a wall is built does not mean that the wall is not going to be landscaped. The Condominium Associa- tion has every intention of keeping this well maintained and landscaped, so it is not a choice between a chain link fence with landscaping and just a plain concrete block wall. Mr. Jackel moved for the adoption of Ordinance No. 99-82 on Second and FINAL Reading, with the 5 foot wall as an additional condi- tion under Section 2 and with the appropriate adjustment in the site plan in Section 3, seconded by Mr. Blair. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Mayor Young, the City Attorney advised that the wall would be a minor modification and this would not have to go back to the Plan- ning & Zoning Board; however, it would have to get Community Appearance Board approval. Mr. Groves requested that, whatever Council decides, if that decision requires them to go back to a City Board, that they not be encumbered with the time delays required in getting this approved a second time since the Bank is most anxious to get on with construction. Mr. McDaniel, Planning Director, advised that according to standard procedure when they apply for the building permit, regardless of whether it's a wall or a fence, they will again go before the CAB on a detailed review of the types of plants, color, etc., so it's not going to delay them at all if Council enforces the requirement of a wall. At this point the roll was called to the motion. - 12 - 12/14/82 21. Ordinance No. 102-82 - Amendin~ Code - Occupational Licenses. Ordinance No. 102-82, amending Chapter 15 "Licenses" of the Code of Ordinances relative to occupational licenses for merchants, druggists and storekeepers, 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. 102-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 15-11, "SCHEDULE OF TAXES", SUBSEC- TION (180), "MERCHANTS, DRUGGISTS AND STOREKEEPERS", TO RENDER SAID SECTION IN COMPLIANCE WITH §205.043 OF FLORIDA STATUTES (1982); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 102-82 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. 102-82 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to \ 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 22. Rezonin~ Request - East of Military Trail, between Lake Ida Road and Atlantic Avenue (Lake Worth Drainage District and Pylon Medical Associates, Ltd., applicants). Resolution No. 111-82, requesting per- mission from the Palm Beach County Board of Commissioners to rezone land to be annexed from CS (Specialized Commercial) District (County) to SAD (Special Activities District) (City), is before Council for considera- tion. The caption of Resolution No. 111-82 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND TO BE ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION CS (SPECIALIZED COMMERCIAL) DISTRICT TO THE CITY'S ZONING CLASSIFICATION SAD (SPECIAL ACTIVITIES DISTRICT). (Copy of Resolution No. 111-82 is on file in the official Resolution Book) 23. Sale of Christmas Trees. Council is to consider a request from the Sunrise Kiwanis Club to sell Christmas trees at S.E. 1st Street and S.E. 6th Avenue. Approval is recommended. Mr. Blair moved for approval of the Consent Agenda, seconded by Mr. Jackel. Said motion passed unanimously. - 13 - 12/14/82 REGULAR AGENDA 24. Drainage and Seawall Problems - Mrs. Boyce Martin, 501 Palm Trail. Council is to consider authorizing securing of bids to repair a drainage problem involving rain water flowing onto the property and a seawall being undermined along the Intracoastal Waterway at a cost of $4,200, with funds to come from the Contingency Account. Upon question by Mayor Young, Mr. Bird advised that the seawall is on City property; it is immediately abutting Mrs. Martin's property and is undermining her yard and her seawall. Mr. Bird moved to authorize the securing of bids to correct the drainage problem that is causing the undermining of the seawall, with funds to come from the Contingency Account, seconded by Mr. Blair. Said motion passed unanimously. 25. Extending City Operation of Sewage Treatment Plant. Resolu- tion No. 112-82, amending Resolution No. 103-82 extending the City operation of the Sewage Treatment Plant to April 1, 1983, is before Council for consideration. The City Manager presented Resolution No. 112-82: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 103-82 BY AMENDING SECTION 1 TO EXTEND THE CITY OF DELRAY BEACH'S PERFORMANCE OF THE OPERATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER FACILITY FROM JANUARY 1, 1983, TO APRIL 1, 1983; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 112-82 is on file in the official Resolution Book) Mr. Bird moved for adoption of Resolution No. 112-82, sec- onded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 27. Ordinance No. 105-82 - Levying Assessments - S.E. 1st Avenue from S.E. 8th Street to S.E. 9th Street. Ordinance No. 105-82, levying assessments for construction of pavement to serve the unpaved portion of S.E. 1st Avenue from S.E. 8th Street to S.E. 9th Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 11, 1983. The City Manager presented Ordinance No. 105-82: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY MANAGER OF SAID CITY; CONCERNING THE ROADWAY PAVING OF S.E. lST AVENUE FROM S.E. 8TH STREET TO S.E. 9TH STREET, CITY OF DELRAY BEACH, FLORIDA. The City Attorney read the caption of the ordinance. Mr. Blair moved for the adoption of Ordinance No. 105-82 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Blair - Yes; Mr. Jackel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. Mayor Young declared the meeting adjourned at 8:20 P.M. Clerk - 14 - 12/14/82 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 December 14, 1982, which minutes were formally approved and adopted by the City Council on ~.~. /~ /~_~ . 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 - 12/14/82